I 
118TH CONGRESS 
1ST SESSION H. R. 3495 
To modify the requirements applicable to locatable minerals on public domain 
lands, consistent with the principles of self-initiation of mining claims, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Mr. GRIJALVA (for himself, Mr. HUFFMAN, Ms. MCCOLLUM, Mr. LEVIN, Mr. 
COHEN, Mr. TONKO, Ms. BONAMICI, Ms. LEE of California, Ms. 
WATERS, Ms. TOKUDA, Mrs. NAPOLITANO, Ms. PORTER, Ms. JACOBS, 
Mr. CARBAJAL, Ms. OCASIO-CORTEZ, and Ms. KAMLAGER-DOVE) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
To modify the requirements applicable to locatable minerals 
on public domain lands, consistent with the principles 
of self-initiation of mining claims, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clean Energy Minerals Reform Act of 2023’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions and references. 
Sec. 3. Application rules. 
TITLE I—MINERAL LEASING, EXPLORATION, AND DEVELOPMENT 
Sec. 101. Closure to entry and location. 
Sec. 102. Limitation on patents. 
Sec. 103. Prospecting licenses and hardrock leases. 
Sec. 104. Competitive leasing. 
Sec. 105. Small miner’s lease. 
Sec. 106. Land containing nonhardrock minerals; other uses. 
Sec. 107. Royalty. 
Sec. 108. Existing production. 
Sec. 109. Hardrock mining claim maintenance fee. 
Sec. 110. Effect of payments for use and occupancy of claims. 
Sec. 111. Protection of special places. 
Sec. 112. Suitability determination. 
TITLE II—CONSULTATION PROCEDURE 
Sec. 201. Requirement for consultation. 
TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 
EXPLORATION AND DEVELOPMENT 
Sec. 301. General standard for hardrock mining on Federal land. 
Sec. 302. Permits. 
Sec. 303. Exploration permit. 
Sec. 304. Operations permit. 
Sec. 305. Persons ineligible for permits. 
Sec. 306. Financial assurance. 
Sec. 307. Operation and reclamation. 
Sec. 308. State law and regulation. 
TITLE IV—ABANDONED HARDROCK MINE RECLAMATION 
PROGRAM 
Sec. 401. Funds credited to the Abandoned Hardrock Mine Reclamation Pro-
gram. 
Sec. 402. Displaced material reclamation fee. 
TITLE V—ADDITIONAL PROVISIONS 
Sec. 501. Policy functions. 
Sec. 502. User fees and inflation adjustment. 
Sec. 503. Inspection and monitoring. 
Sec. 504. Citizens suits. 
Sec. 505. Administrative and judicial review. 
Sec. 506. Reporting requirements. 
Sec. 507. Enforcement. 
Sec. 508. Regulations. 
Sec. 509. Oil shale claims. 
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Sec. 510. Savings clause. 
Sec. 511. Availability of public records. 
Sec. 512. Miscellaneous powers. 
Sec. 513. Mineral materials. 
Sec. 514. Effective date. 
SEC. 2. DEFINITIONS AND REFERENCES. 
(a) IN GENERAL.—As used in this Act: 
(1) The term ‘‘Abandoned Hardrock Mine Rec-
lamation Program’’ means the program established 
by section 40704 of the Infrastructure Investment 
and Jobs Act (30 U.S.C. 1245). 
(2) The term ‘‘adjacent land’’ means any land 
not more than 2 miles from the boundary of a de-
scribed land tract. 
(3) The term ‘‘affiliate’’ means, with respect to 
any person, any of the following: 
(A) Any person that controls, is controlled 
by, or is under common control with such per-
son. 
(B) Any partner of such person. 
(C) Any person owning at least 10 percent 
of the voting shares of such person. 
(4) The term ‘‘agency’’ has the meaning given 
the term in section 3502 of title 44, United States 
Code. 
(5) The term ‘‘applicant’’ means any person ap-
plying for a lease, license, or permit under this Act 
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or a modification to or a renewal of a lease, license, 
or permit issued under this Act. 
(6) The term ‘‘beneficiation’’ means the crush-
ing and grinding of hardrock mineral ore and such 
processes as are employed to free the mineral from 
other constituents, including physical and chemical 
separation techniques. 
(7) The term ‘‘casual use’’— 
(A) means mineral activities that do not 
ordinarily result in any disturbance of Federal 
land and resources; 
(B) includes collection of geochemical, 
rock, 
soil, 
or 
mineral 
specimens 
using 
handtools, hand panning, or nonmotorized sluic-
ing; and 
(C) does not include— 
(i) the use of mechanized earth-mov-
ing equipment, suction dredging, or explo-
sives; 
(ii) the use of motor vehicles in areas 
closed to off-road vehicles; 
(iii) the construction of roads or drill 
pads; or 
(iv) the use of toxic or hazardous ma-
terials. 
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(8) The term ‘‘claim holder’’ means— 
(A) any person holding a mining claim, 
millsite, or tunnel site located under the general 
mining laws or this Act and maintained in com-
pliance with such laws; and 
(B) any agent of such person. 
(9) The term ‘‘control’’ means having the abil-
ity, directly or indirectly, to determine (without re-
gard to whether exercised through 1 or more cor-
porate structures) the manner in which an entity 
conducts mineral activities, through any means, in-
cluding— 
(A) ownership interest; 
(B) authority to commit the real or finan-
cial assets of the entity; 
(C) position as a director, officer, or part-
ner of the entity; or 
(D) contractual arrangement. 
(10) The term ‘‘displaced material’’ means any 
raw ore or waste dislodged from its location by 
human disturbance, including from hardrock mineral 
activities. 
(11) The term ‘‘exploration’’— 
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(A) means creating surface disturbance, 
other than casual use, to evaluate the type, ex-
tent, quantity, or quality of minerals present; 
(B) includes mineral activities associated 
with sampling, drilling, and analyzing hardrock 
mineral values; and 
(C) does not include extraction of mineral 
material for commercial use or sale. 
(12) The term ‘‘Federal land’’— 
(A) means any land, and any interest in 
land, that is owned by the United States; and 
(B) does not include— 
(i) lands in the National Park System; 
(ii) Indian lands; or 
(iii) lands on the Outer Continental 
Shelf. 
(13) The term ‘‘hardrock mineral’’— 
(A) means any mineral that was subject to 
location under the general mining laws as of the 
effective date of this Act, and that is not sub-
ject to disposition under— 
(i) the Mineral Leasing Act (30 
U.S.C. 181 et seq.); 
(ii) the Geothermal Steam Act of 
1970 (30 U.S.C. 1001 et seq.); 
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(iii) the Act of July 31, 1947, com-
monly known as the Materials Act of 1947 
(30 U.S.C. 601 et seq.); or 
(iv) the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.); and 
(B) does not include any mineral that is 
subject to a restriction against alienation im-
posed by the United States and is— 
(i) held in trust by the United States 
for any Indian or Indian Tribe, as defined 
in section 2 of the Indian Mineral Develop-
ment Act of 1982 (25 U.S.C. 2101); or 
(ii) owned by any Indian or Indian 
Tribe, as defined in that section. 
(14) The term ‘‘Indian lands’’ means— 
(A) lands held in trust for the benefit of 
an Indian Tribe or Indian; 
(B) lands held by an Indian Tribe or In-
dian subject to a restriction by the United 
States against alienation; or 
(C) lands held by an Alaska Native village, 
village corporation, or regional corporation, as 
defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 
et seq.). 
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(15) The term ‘‘Indian Tribe’’ means any In-
dian Tribe, band, nation, pueblo, or other organized 
group or community, including any Alaska Native 
village, village corporation, or regional corporation, 
as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), that is recognized as eligible for the special 
programs and services provided by the United States 
to Indians because of their status as Indians. 
(16) The term ‘‘mining claim’’ means any min-
ing claim made pursuant to— 
(A) this Act; or 
(B) the Mining Law of 1872 (30 U.S.C. 
22 et seq.) before the effective date of this Act. 
(17) The term ‘‘mineral activities’’ means any 
activity carried out on a mining claim, millsite, or 
tunnel site, authorized by a lease, license, or permit 
issued under this Act, for, related to, or incidental 
to, mineral exploration, mining, beneficiation, proc-
essing, or reclamation activities for any hardrock 
mineral. 
(18) The term ‘‘National Conservation System 
unit’’ means any unit of the National Park System, 
National Wildlife Refuge System, National Wild and 
Scenic Rivers System, National Wilderness Preserva-
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(I) Recommended Wilderness and Primi-
tive Areas. 
(19) The term ‘‘operator’’ means— 
(A) any person proposing or authorized by 
a permit issued under this Act to conduct min-
eral activities; and 
(B) any agent of such person. 
(20) The term ‘‘person’’ means an individual, 
Indian Tribe, partnership, association, society, joint 
venture, joint stock company, firm, company, cor-
poration, cooperative, or other organization and any 
instrumentality of State or local government, includ-
ing any publicly owned utility or publicly owned cor-
poration of State or local government. 
(21) The term ‘‘processing’’ means processes 
downstream of beneficiation employed to prepare 
hardrock mineral ore into a final marketable prod-
uct, including smelting and electrolytic refining. 
(22) The term ‘‘raw ore’’ means ore in its un-
processed form, containing profitable amounts of a 
hardrock mineral. 
(23) The term ‘‘reclamation’’ means taking 
measures following the disturbance of Federal land 
by mineral activities to meet applicable performance 
standards and achieve conditions required by the 
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Secretary concerned at the conclusion of such min-
eral activities, including, where applicable— 
(A) isolation, control, or removal of acid- 
forming, toxic, or deleterious substances; 
(B) regrading and reshaping to conform 
with adjacent landforms, facilitate revegetation, 
control drainage, and minimize erosion; 
(C) rehabilitation of fisheries or wildlife 
habitat; 
(D) placement of growth medium and es-
tablishment of self-sustaining revegetation; 
(E) removal or stabilization of buildings, 
structures, or other support facilities; 
(F) plugging of drill holes and closure of 
underground workings; and 
(G) providing for post-mining monitoring, 
maintenance, or treatment. 
(24) The term ‘‘sacred site’’ means any specific 
delineated location on Federal land that is identified 
by an Indian Tribe— 
(A) as sacred by virtue of its established 
religious significance to, or ceremonial use by, 
an Indian religion; or 
(B) to be of established cultural signifi-
cance. 
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(25) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(26) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of Agriculture (acting 
through the Chief of the Forest Service) with 
respect to National Forest System land; and 
(B) the Secretary of the Interior (acting 
through the Director of the Bureau of Land 
Management) with respect to other Federal 
land. 
(27)(A) The term ‘‘small miner’’ means a per-
son (including all related parties thereto) that— 
(i) holds not more than 10 mining claims, 
millsites, or tunnel sites, or any combination 
thereof, on Federal land; 
(ii) is a claim holder or operator with re-
spect to not more than 200 acres of Federal 
land; 
(iii) certifies to the Secretary in writing 
that the person had annual gross income in the 
preceding calendar year from mineral produc-
tion in an amount less than $50,000; and 
(iv) has performed assessment work re-
quired under the Mining Law of 1872 (30 
U.S.C. 22 et seq.) to maintain any mining 
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claims held by the person and all related parties 
thereto for the assessment year ending on noon 
of September 1 of the calendar year in which 
payment of the claim maintenance fee was due. 
(B) For purposes of subparagraph (A), with re-
spect to any person, the term ‘‘all related parties’’ 
means— 
(i) the spouse or qualifying child (as such 
term is defined in section 152 of the Internal 
Revenue Code of 1986) of such person; or 
(ii) an affiliate of the person concerned. 
(C) For purposes of subparagraph (A)(iii), the 
dollar amount shall be applied, for a person, to the 
aggregate of all annual gross income from mineral 
production under all mining claims held by or as-
signed to such person and all related parties with re-
spect to such person, including mining claims lo-
cated or for which a patent was issued before the ef-
fective date of this Act. 
(28) The term ‘‘temporary cessation’’ means a 
halt in mineral activities for a continuous period 
that does not exceed 5 years. 
(29) The term ‘‘ton’’ means 2,000 pounds av-
oirdupois (.90718 metric ton). 
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(30) The term ‘‘unnecessary or undue degrada-
tion’’ means irreparable harm to significant sci-
entific, cultural, or environmental resources on Fed-
eral land. 
(31) The term ‘‘valuable mineral deposit’’ 
means a deposit of hardrock minerals that is of suf-
ficient value for a prudent operator to extract, re-
move, and market at a profit. 
(32) The term ‘‘waste’’ means rock that must 
be fractured and removed in order to gain access to 
raw ore. 
(b) REFERENCES TO OTHER LAWS.— 
(1) GENERAL MINING LAWS.—Any reference in 
this Act to the term ‘‘general mining laws’’ is a ref-
erence to those Acts that generally comprise chap-
ters 2, 12A, and 16, and sections 161 and 162, of 
title 30, United States Code. 
(2) ACT OF JULY 23, 1955.—Any reference in 
this Act to the Act of July 23, 1955, is a reference 
to the Act entitled ‘‘An Act to amend the Act of 
July 31, 1947 (61 Stat. 681) and the mining laws 
to provide for multiple use of the surface of the 
same tracts of the public lands, and for other pur-
poses’’ (30 U.S.C. 601 et seq.). 
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SEC. 3. APPLICATION RULES. 
(a) APPLICATION TO EXISTING CLAIMS.—This Act 
shall apply to any mining claim, millsite, or tunnel site 
located under the general mining laws before or on the 
effective date of this Act. 
(b) APPLICATION TO BENEFACTION OR PROCESSING 
ACTIVITIES.—This Act shall apply in the same manner 
and to the same extent to mining claims, millsites, tunnel 
sites, and any land included in a lease, license, or permit 
issued under this Act used for beneficiation or processing 
activities for any hardrock mineral. 
TITLE I—MINERAL LEASING, EX-
PLORATION, AND DEVELOP-
MENT 
SEC. 101. CLOSURE TO ENTRY AND LOCATION. 
(a) CLOSURE.—Except as otherwise provided in this 
section, as of the effective date of this Act, all Federal 
land is closed to entry and location under the general min-
ing laws, and no new rights under the general mining laws 
may be acquired. 
(b) EXISTING CLAIMS WITHOUT PLAN OF OPER-
ATIONS.— 
(1) CLAIMS WITHOUT PLAN OF OPERATIONS.— 
Any claim under the general mining laws existing on 
the effective date of this Act for which a plan of op-
erations is not approved, or a notice of operations is 
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not filed, before such date shall be subject to the re-
quirements of this Act, and may remain in effect 
until not later than the end of the 10-year period be-
ginning on such date if the claim holder remains in 
compliance with section 109, unless the claim hold-
er— 
(A) relinquishes the claim; or 
(B) demonstrates eligibility for a lease and 
requests conversion under the regulations 
issued under subsection (d). 
(2) SHORTENING OF PERIOD.—The 10-year pe-
riod referred to in paragraph (1) shall be shortened 
to 3 years if— 
(A) the claim is for an area that is located 
in an area withdrawn or temporarily segregated 
from location under the general mining laws as 
of the effective date of this Act; or 
(B) the claim belongs to a small miner. 
(3) CONVERSION.—The Secretary concerned 
may convert a claim described in paragraph (1) to 
a noncompetitive mining lease pursuant to the regu-
lations issued under subsection (d) if such Secretary 
determines that the claim holder has shown the 
presence of a valuable mineral deposit on the land 
subject to such claim. 
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(4) CLAIMS NOT CONVERTED.—Any claims de-
scribed in paragraph (1) not converted to non-
competitive leases under paragraph (3) at the end of 
the applicable period under paragraph (1) or (2) 
shall be void. 
(c) EXISTING
CLAIMS
WITH
PLAN
OF
OPER-
ATIONS.— 
(1) IN GENERAL.—In the case of any claim 
under the general mining laws for which a plan of 
operations has been approved but for which oper-
ations have not commenced before the on the effec-
tive date of this Act— 
(A) during the 10-year period beginning on 
the effective date of this Act— 
(i) mineral activities on lands subject 
to such claim shall be subject to such plan 
of operations; and 
(ii) the Secretary shall allow the oper-
ator to make changes to such plan subject 
to applicable law as in effect on the day 
before the effective date of this Act if the 
Secretary determines that the requested 
changes are minor; and 
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(B) the operator shall bring such mineral 
activities into compliance with this Act by the 
end of such 10-year period. 
(2) ACTIVITIES PENDING DECISION ON MODI-
FICATION TO PLAN OF OPERATIONS.—If an applica-
tion for modification of a plan of operations referred 
to in paragraph (1)(A)(ii) has been timely submitted 
by the claim holder and an approved plan of oper-
ations expires before the Secretary concerned takes 
action on such application, mineral activities and 
reclamation may continue in accordance with the 
terms of the expired plan of operations until the 
Secretary concerned makes an administrative deci-
sion on the application. 
(3) CONVERSION REQUIREMENT.— 
(A) IN GENERAL.—A claim described in 
paragraph (1) may remain in effect for a period 
of not more than 10 years. 
(B) FEE.—A claim described in paragraph 
(1) that is not converted to a noncompetitive 
lease pursuant to the regulations issued under 
subsection (d) before the end of such period 
shall, beginning on the first date after the end 
of such period, be subject to a fee of $100 per 
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acre per day until such claim is converted to a 
noncompetitive lease. 
(d) CONVERSION REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the effective date of this Act, the Secretary shall 
issue regulations regarding the conversion of existing 
mining claims to noncompetitive mining leases. 
(2) CONTENT.—Such regulations shall— 
(A) prohibit the conversion of a mining 
claim to a mining lease by a claim holder who 
is in violation of this Act or other State or Fed-
eral environmental, health, or worker safety 
laws; 
(B) allow the Secretary to exercise discre-
tion to include nonmineral lands within the 
boundaries of any millsite associated with the 
mining claim to be converted to a noncompeti-
tive lease; 
(C) prohibit the area in any noncompetitive 
mining lease issued under this section from ex-
ceeding the maximum area authorized by this 
Act to be leased to any person; 
(D) require the consent of the surface 
managing agency for conversion of a mining 
claim to a noncompetitive mining lease; 
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(E) require the financial terms of the con-
verted noncompetitive mining lease to be the 
same as those provided in this Act for other 
hardrock mining leases; and 
(F) include any other terms the Secretary 
considers appropriate. 
(e) NATIONAL ENVIRONMENTAL POLICY ACT.—The 
Secretary is not required to conduct an environmental 
analysis under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) to issue a noncompetitive 
mining lease under this section, unless such noncompeti-
tive mining lease modifies or extends the surface disturb-
ance already authorized under a mine plan of operations 
covering the mining claim that is converted. 
SEC. 102. LIMITATION ON PATENTS. 
(a) MINING CLAIMS.— 
(1) DETERMINATIONS
REQUIRED.—After the 
effective date of this Act, no patent shall be issued 
by the United States for any mining claim located 
under the general mining laws unless the Secretary 
determines that, for such mining claim— 
(A) a patent application was filed with the 
Secretary on or before September 30, 1994; 
and 
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(B) all requirements established under sec-
tions 2325 and 2326 of the Mining Law of 
1872 (30 U.S.C. 29 and 30), in the case of a 
vein or lode claim, or sections 2329, 2330, 
2331, and 2333 of that Act (30 U.S.C. 35, 36, 
and 37), in the case of a placer claim, were 
fully complied with by that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations required under paragraph (1) for 
any mining claim, the claim holder shall be entitled 
to the issuance of a patent in the same manner and 
degree to which such claim holder would have been 
entitled to before the effective date of this Act, un-
less such determinations are withdrawn or invali-
dated by the Secretary or by a court of the United 
States. 
(b) MILLSITES.— 
(1) DETERMINATIONS
REQUIRED.—After the 
effective date of this Act, no patent shall be issued 
by the United States for any millsite located under 
the general mining laws unless the Secretary deter-
mines that, for such millsite— 
(A) a patent application was filed with the 
Secretary on or before September 30, 1994; 
and 
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(B) all requirements applicable to such 
patent application were fully complied with be-
fore that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations required under paragraph (1) for 
any millsite, the claim holder shall be entitled to the 
issuance of a patent in the same manner and degree 
to which such claim holder would have been entitled 
to before the effective date of this Act, unless such 
determinations are withdrawn or invalidated by the 
Secretary or by a court of the United States. 
SEC. 
103. 
PROSPECTING 
LICENSES 
AND 
HARDROCK 
LEASES. 
(a) IN GENERAL.—No person may conduct mineral 
prospecting for commercial purposes for any hardrock 
mineral on Federal land without a prospecting license or 
a small miner’s lease. 
(b) PROSPECTING LICENSES.— 
(1) IN GENERAL.—The Secretary may, under 
such regulations as the Secretary may issue and 
with the concurrence of the relevant surface manage-
ment agency, grant an applicant a prospecting li-
cense that shall give the exclusive right to prospect 
for specified hardrock minerals on Federal land for 
a period not longer than 2 years. 
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(2) MAXIMUM AREA.—The area subject to a 
prospecting license granted under paragraph (1) 
shall not exceed 2,560 acres of land, in reasonably 
compact form. 
(3) 
PROSPECTING
LICENSE
APPLICATION 
FEE.—The Secretary shall charge a fee for each 
prospecting license application to cover the costs of 
reviewing such application. 
(4) ANNUAL
RENTAL.—Each prospecting li-
cense granted under paragraph (1) shall be subject 
to annual rentals equal to $10 per acre per year. 
(5) TERMS AND CONDITIONS.—A prospecting li-
cense shall conform with the terms and conditions of 
a comprehensive land use plan approved under— 
(A) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); or 
(B) the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 
1600 et seq.). 
(6) AREAS WITHOUT APPROVED COMPREHEN-
SIVE
LAND
USE
PLAN.—For land covered by a 
prospecting license for which a comprehensive land 
use plan treating hardrock mining as a multiple-use 
activity has not been completed, the Secretary con-
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cerned shall ensure that such land is suitable for 
mineral activities. 
(7) EXTENSION.—The Secretary may extend a 
prospecting license granted under this subsection for 
not more than additional 4 years upon a showing by 
the licensee that— 
(A) the licensee explored with reasonable 
diligence and was unable to determine the exist-
ence and workability of a valuable mineral de-
posit covered by the license; or 
(B) if the licensee failed to perform dili-
gent prospecting activities, such failure was due 
to conditions beyond the control of the licensee. 
(c) NONCOMPETITIVE LEASES.— 
(1) IN GENERAL.—Upon a showing to the satis-
faction of the Secretary by a prospecting licensee 
under subsection (a) that a valuable mineral deposit 
has been discovered by the licensee within an area 
covered by the prospecting license and with the con-
sent of the surface agency, the licensee shall be enti-
tled to a lease for any or all of the land included in 
the prospecting license, as well as any nonmineral 
lands necessary for processing or milling operations, 
at a royalty of not less than 12.5 percent of the 
gross value of production of hardrock minerals or 
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mineral concentrates or products derived from 
hardrock minerals under the lease. 
(2) RENTALS.— 
(A) IN
GENERAL.—Rentals for a lease 
under this section shall be set by the Secretary 
at not less than $10 per acre per year, with 
rentals paid in any 1 year credited against roy-
alties accruing for that year. 
(B) OPERATIONS PERMIT.—A lessee under 
this section is not entitled to an operations per-
mit. 
(3) LEASE PERIOD.— 
(A) IN GENERAL.—A lease under this sub-
section shall be for a period of 20 years, with 
the right to renew for successive periods of 10 
years if hardrock minerals are being produced 
in commercial quantities under the lease. 
(B) EXTENSION
DURING
NONPRODUC-
TION.—The Secretary may issue not more than 
1 10-year extension of a lease under this sub-
section if hardrock minerals are not being pro-
duced in commercial quantities at the end of 
the primary, or any subsequent, term of such 
lease and— 
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(i) it is in the interest of conservation 
or reclamation maintenance; 
(ii) the lessee shows that the lease 
cannot be successfully operated at a profit; 
or 
(iii) the Secretary determines that 
issuing such extension is appropriate. 
(C) DEFINITION
OF
COMMERCIAL
QUAN-
TITIES.—In this paragraph, the term ‘‘commer-
cial quantities’’ means any economic amount 
sold, bartered, or traded for profit. 
(d) CUMULATIVE ACREAGE LIMITATION.—No person 
may take, hold, own, or control at 1 time, whether ac-
quired directly from the Secretary under this Act or other-
wise, hardrock mining leases or licenses for an aggregate 
of more than 20,480 acres in any 1 State. 
(e) REDUCTION OF ROYALTY RATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary— 
(A) may reduce the royalty rate for a lease 
under this section upon a showing by clear and 
convincing evidence by the operator that pro-
duction would not occur without the reduction 
in royalty rate; and 
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(B) may reduce the royalty and rental 
rates for a lease under this section to encourage 
exploration for and development of critical min-
erals (as such term is defined in section 
7002(a) of the Energy Act of 2020 (30 U.S.C. 
1606(a))). 
(2) LIMITATION.—The Secretary may not re-
duce the royalty rate for a lease pursuant to para-
graph (1) to less than 6.25 percent. 
(f) PROTECTION
OF
LAND
AND
OTHER
RE-
SOURCES.—The Secretary, in consultation with any appli-
cable surface management agency, may include in any 
lease or license issued under this Act such provisions as 
are necessary to adequately protect land and other re-
sources in the vicinity of the area subject to the lease or 
license. 
SEC. 104. COMPETITIVE LEASING. 
(a) IN GENERAL.—Subject to sections 111 and 112, 
Federal land known to contain valuable mineral deposits 
that is not covered by claims, licenses, or leases issued 
under this Act may only be open to hardrock mineral ex-
ploration or development through competitive leasing by 
the Secretary through such methods the Secretary may 
adopt by regulation and in such areas as the Secretary 
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may determine, including nonmineral lands the Secretary 
considers necessary for processing or milling operations. 
(b) LIMITATION.—The total area of land subject to 
a competitive lease under this section shall not exceed 
2,560 acres. 
(c) TERMS AND REQUIREMENTS.—All terms and re-
quirements for competitive leases under this section shall 
be the same as if the leases were issued noncompetitively 
under section 103(c). 
SEC. 105. SMALL MINER’S LEASE. 
(a) IN GENERAL.—The Secretary may issue a small 
miner’s lease to a qualified small miner that applies, under 
such regulations as the Secretary may issue, including 
conditions to require diligent development of such lease 
and to ensure protection of surface resources and ground 
water. 
(b) EXCLUSIVE RIGHT.—A small miner’s lease shall 
give the lessee the exclusive right to prospect for hardrock 
minerals for 3 years on not more than 200 acres of contig-
uous or noncontiguous Federal land. 
(c) APPLICATION FEE.—The Secretary shall charge 
a reasonable application fee for a small miner’s lease 
under this subsection (a). 
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(d) RENTALS.—Annual rentals for a small miner’s 
lease issued under this section shall be $5 per acre per 
year for the first 3 years. 
(e) RENEWAL.—A small miner’s leases issued under 
this section may be renewed for any number of additional 
3-year periods. The rental for such a renewed lease shall 
be $10 per acre per year rental charged. 
(f) CHALLENGE.— 
(1) IN GENERAL.—Any individual may file a 
challenge with the Secretary that a lessee is in viola-
tion of the diligence terms of a small miner’s lease 
or does not qualify as a small miner. 
(2) RENEWAL
WHEN
SUBJECT
TO
CHAL-
LENGE.—A small miner’s lease that is subject to a 
challenge under paragraph (1) may not be renewed 
unless the Secretary has determined that the lessee 
is a small miner and is in compliance with all the 
terms of the small miner’s lease. 
(g) NO ROYALTIES.—The Secretary shall not charge 
royalties for commercial production under a small miner’s 
lease. 
(h) CONVERSION OF EXISTING CLAIMS.—A claim ex-
isting on the effective date of this Act that belongs to an 
individual that qualifies as a small miner may be converted 
to a small miner’s lease under the same terms and condi-
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tions that apply to a small miner’s lease under this sec-
tion, except that such lease— 
(1) shall not be subject to rental during the pri-
mary term of the lease; 
(2) shall be subject to a rental of $5 per acre 
per year for the first 3-year renewal of the lease; 
and 
(3) shall be subject to a rental of $10 per acre 
per year for any subsequent 3-year renewal of the 
lease. 
(i) LIMITATIONS.—A small miner’s lease— 
(1) may only be held by the primary lease hold-
er, a spouse thereof, or a direct descendent thereof; 
(2) may not be sold or transferred, other than 
to a spouse or direct descendent of the primary lease 
holder; and 
(3) is subject to all permitting requirements 
under this Act. 
(j) CONVERSION TO HARDROCK MINERAL LEASE.— 
(1) IN GENERAL.—If, with regard to a small 
miner’s lease, the lessee does not qualify as a small 
miner at the time such lessee applies for a renewal 
of such lease, such lessee shall not be eligible to 
renew such lease, but shall be eligible for a non-
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competitive hardrock mineral lease issued under sec-
tion 103(c). 
(2) 
ROYALTIES.—Notwithstanding 
section 
103(c)(1), royalties under a small miner’s lease con-
verted to a hardrock mineral lease under this sub-
section shall only be due on the gross income that 
exceeds $50,000 annually or the amount of gross in-
come specified by the Secretary as of the time such 
noncompetitive lease is issued. 
SEC. 106. LAND CONTAINING NONHARDROCK MINERALS; 
OTHER USES. 
(a) IN GENERAL.—In issuing licenses and leases 
under this Act for land that contains deposits of coal or 
other nonhardrock minerals, the Secretary shall reserve to 
the United States such nonhardrock minerals for disposal 
under applicable laws. 
(b) OTHER
USES
OF
LICENSED
AND
LEASED 
LANDS.— 
(1) IN
GENERAL.—The Secretary shall issue 
regulations to allow for other uses of the land cov-
ered by a prospecting license under this Act, includ-
ing leases for other minerals, if such other uses 
would not unreasonably interfere with operations 
under the prospecting license. 
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(2) TERMS AND CONDITIONS.—The Secretary 
shall include in each prospecting license issued under 
section 103(b) such terms and conditions as the Sec-
retary determines necessary to avoid unreasonable 
interference with other uses occurring on, or other 
leases of, the licensed land. 
(3) LEASES.—The Secretary shall include in 
leases issued under this Act stipulations to allow for 
simultaneous operations under other leases for the 
same land. 
SEC. 107. ROYALTY. 
(a) EXISTING PRODUCTION.— 
(1) IN GENERAL.—Production of hardrock min-
erals, mineral concentrates, or products derived from 
hardrock minerals on Federal land under an oper-
ations permit from which valuable hardrock minerals 
were produced in commercial quantities before the 
effective date of this Act, other than production 
under a small miner’s lease, shall be subject to a 
royalty established by the Secretary of not less than 
8 percent of the gross value of such production. 
(2) ADDITIONAL FEDERAL LAND.—Production 
of hardrock minerals, mineral concentrates, or prod-
ucts derived from hardrock minerals on Federal land 
added through a plan modification to an operations 
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permit that is submitted after the effective date of 
this Act shall be subject to a royalty established by 
the Secretary for such lease of not less than 12.5 
percent of the gross value such production. 
(b) LIABILITY.—The claim holder or lessee, or any 
operator to whom the claim holder or lessee has assigned 
the obligation to make royalty payments under the claim 
or lease and any person who controls such claim or lease 
holder or operator, shall be liable for payment of such roy-
alties. 
(c) DISPOSITION.—Of the revenues collected under 
this title, including rents, royalties, claim maintenance 
fees, interest charges, fines, and penalties— 
(1) 25 percent shall be paid to the State within 
the boundaries of which the leased, licensed, or 
claimed lands, or operations subject to such interest 
charges, fines, or penalties are or were located; and 
(2) the remainder shall be made available to 
carry out, to remain available until expended without 
fiscal year limitation, the Abandoned Hardrock Mine 
Reclamation Program. 
(d) DUTIES OF CLAIM HOLDERS, LESSEES, OPERA-
TORS, AND TRANSPORTERS.— 
(1) REGULATION.—The Secretary shall issue 
regulations regarding the time and manner in which 
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a person who is required to make a royalty payment 
under this section shall— 
(A) make such payment; and 
(B) notify the Secretary of any assignment 
that such person may have made of the obliga-
tion to make any royalty or other payment 
under a mining claim or lease under this title. 
(2) WRITTEN INSTRUMENT.—Any person pay-
ing royalties under this section shall file a written 
instrument, together with the first royalty payment, 
affirming that such person is responsible for making 
proper payments for all amounts due for all time pe-
riods for which such person has a payment responsi-
bility. 
(3) ADDITIONAL
AMOUNTS.—Such responsi-
bility for the periods referred to in paragraph (2) 
shall include any and all additional amounts billed 
by the Secretary and determined to be due by final 
agency or judicial action. 
(4) JOINT AND SEVERAL LIABILITY.—Any per-
son liable for royalty payments under this section 
who assigns any payment obligation shall remain 
jointly and severally liable for such royalty pay-
ments. 
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(5) OBLIGATIONS.—A person conducting min-
eral activities shall— 
(A) develop and comply with the site secu-
rity provisions in the operations permit de-
signed to protect from theft the hardrock min-
erals, concentrates, or products derived there-
from that are produced or stored on the area 
subject to a mining claim or lease, and such 
provisions shall conform with such minimum 
standards as the Secretary may issue by regula-
tion, taking into account the variety of cir-
cumstances on areas subject to mining claims 
and leases; and 
(B) not later than the fifth business day 
after production begins anywhere on an area 
subject to a mining claim or lease, or produc-
tion resumes after more than 90 days after pro-
duction was suspended, notify the Secretary, in 
the manner prescribed by the Secretary, of the 
date on which such production has begun or re-
sumed. 
(6) REQUIRED
DOCUMENTATION.—The Sec-
retary may by regulation require any person engaged 
in transporting a hardrock mineral, concentrate, or 
product derived therefrom to carry on his or her per-
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son, in his or her vehicle, or in his or her immediate 
control, documentation showing, at a minimum, the 
amount, origin, and intended destination of the 
hardrock mineral, concentrate, or product derived 
therefrom in such circumstances as the Secretary 
determines appropriate. 
(e) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.— 
(1) IN GENERAL.— 
(A) REQUIREMENT.—A claim holder or 
lessee, operator, or other person directly in-
volved in developing, producing, processing, 
transporting, purchasing, or selling hardrock 
minerals, concentrates, or products derived 
therefrom, subject to this Act, through the 
point of royalty computation shall establish and 
maintain any records, make any reports, and 
provide any information that the Secretary may 
reasonably require for the purposes of imple-
menting this section or determining compliance 
with regulations or orders under this section. 
(B) INCLUSIONS.— 
(i) RECORDS.—Records described in 
subparagraph (A) shall include periodic re-
ports, records, documents, and other data. 
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(ii) REPORTS.—Reports described in 
subparagraph (A) may include pertinent 
technical and financial data relating to the 
quantity, 
quality, 
composition 
volume, 
weight, and assay of all minerals extracted 
from the mining claim or lease. 
(2) AVAILABILITY FOR INSPECTION.—Upon the 
request of any officer or employee duly designated 
by the Secretary to conduct an audit or investigation 
pursuant to this section, the appropriate records, re-
ports, or information that may be required by this 
section shall be made available for inspection and 
duplication by such officer or employee. 
(3) FORFEITURE.—Failure by a claim holder or 
lessee, operator, or other person referred to in para-
graph (1)(A) to cooperate with an audit or investiga-
tion under paragraph (2), provide data required by 
the Secretary, or grant access to information may, 
at the discretion of the Secretary, result in involun-
tary forfeiture of the claim or lease. 
(4) MAINTENANCE OF RECORDS.— 
(A) IN
GENERAL.—Records required by 
the Secretary under this section shall be main-
tained for 7 years after release of financial as-
surance under section 306 unless the Secretary 
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notifies the operator that the Secretary has ini-
tiated an audit or investigation involving such 
records and that such records must be main-
tained for a longer period. 
(B) AUDIT
OR
INVESTIGATION.—In any 
case when an audit or investigation is under-
way, records shall be maintained until the Sec-
retary releases the operator of the obligation to 
maintain such records. 
(f) AUDITS.— 
(1) IN GENERAL.—The Secretary is authorized 
to conduct such audits of all claim holders or lessees, 
operators, transporters, purchasers, processors, or 
other persons directly or indirectly involved in the 
production or sale of minerals covered by this Act, 
as the Secretary determines necessary for the pur-
poses of ensuring compliance with the requirements 
of this section. 
(2) AVAILABILITY OF INFORMATION.—For pur-
poses of performing such audits, the Secretary shall, 
at reasonable times and upon request, have access 
to, and may copy, all books, papers, and other docu-
ments that relate to compliance with any provision 
of this section by any person. 
(g) COOPERATIVE AGREEMENTS.— 
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(1) IN GENERAL.—The Secretary is authorized 
to enter into cooperative agreements with the Sec-
retary of Agriculture to share information con-
cerning the royalty management of hardrock min-
erals, concentrates, or products derived therefrom to 
carry out inspection, auditing, investigation, or en-
forcement (not including the collection of royalties, 
civil or criminal penalties, or other payments) activi-
ties under this section, and to carry out any other 
activity described in this section. 
(2) SECRETARY OF AGRICULTURE.—Except as 
provided in paragraph (3), and pursuant to a coop-
erative agreement entered into under paragraph (1), 
the Secretary of Agriculture shall, upon request, 
have access to all royalty accounting information in 
the possession of the Secretary with respect to the 
production, removal, or sale of hardrock minerals, 
concentrates, or products derived therefrom from 
claims or leases on land open to mineral exploration 
and production under this Act. 
(3) CONFIDENTIAL INFORMATION.— 
(A) IN GENERAL.—Trade secrets, propri-
etary information, and other confidential infor-
mation protected from disclosure under section 
552 of title 5, United States Code, shall be 
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made available by the Secretary to other Fed-
eral agencies as necessary to ensure compliance 
with this Act and other Federal laws. 
(B) PROTECTION OF INFORMATION.—The 
Secretary, the Secretary of Agriculture, and 
other Federal officials shall ensure that the in-
formation described in subparagraph (A) is pro-
vided protection in accordance with the require-
ments of that section. 
(h) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.— 
(1) PAYMENTS NOT RECEIVED.— 
(A) IN GENERAL.—In the case of mining 
claims or leases where royalty payments are not 
received by the Secretary on the date that such 
payments are due, the Secretary shall charge 
interest on such underpayments at the same in-
terest rate as the rate applicable under section 
6621(a)(2) of the Internal Revenue Code of 
1986. 
(B) COMPUTATION.—In the case of an un-
derpayment, interest shall be computed and 
charged only on the amount of the deficiency 
and not on the total amount. 
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(2) UNDERREPORTING.—If there is any under-
reporting of royalty owed on production from a 
claim or lease for any production month by any per-
son liable for royalty payments under this section, 
the Secretary shall assess a penalty of not more 
than 25 percent of the amount of the under-
reporting. 
(3) SELF-REPORTING.—The Secretary may 
waive or reduce the assessment under paragraph (2) 
if the person liable for royalty payments under this 
section corrects the underreporting before the later 
of— 
(A) the date such person receives notice 
from the Secretary that an underreporting may 
have occurred; and 
(B) the date that is 90 days after the ef-
fective date of this Act. 
(4) WAIVER.—The Secretary shall waive any 
portion of an assessment under paragraph (2) at-
tributable to that portion of the underreporting for 
which the person responsible for paying the royalty 
demonstrates that such person— 
(A) had written authorization from the 
Secretary to report royalty on the value of the 
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production on the basis on which it was re-
ported; 
(B) had substantial authority for reporting 
royalty on the value of the production on the 
basis on which it was reported; 
(C) previously had notified the Secretary, 
in such manner as the Secretary may by regula-
tion issue, of relevant reasons or facts affecting 
the royalty treatment of specific production 
which led to the underreporting; or 
(D) meets any other exception which the 
Secretary may, by regulation, establish. 
(5) ABANDONED
HARDROCK
MINE
RECLAMA-
TION PROGRAM.—All penalties collected under this 
subsection shall be shall be made available to carry 
out, to remain available until expended without fiscal 
year limitation, the Abandoned Hardrock Mine Rec-
lamation Program. 
(6) UNDERREPORTING DEFINED.—In this sub-
section, the term ‘‘underreporting’’ means the dif-
ference between the royalty on the value of the pro-
duction that should have been reported and the roy-
alty on the value of the production which was re-
ported, if the value that should have been reported 
is greater than the value that was reported. 
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(i) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall 
be jointly and severally liable for royalty on all hardrock 
minerals, concentrates, or products derived therefrom that 
are lost or wasted from a mining claim or lease if such 
loss or waste is due to negligence on the part of any person 
or due to the failure to comply with this section. 
(j) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments of this section shall be liable for a civil penalty 
under section 109 of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1719) to the same 
extent as if the claim or lease maintained in compliance 
with this Act were a lease under such Act. 
(k) GROSS INCOME FROM MINING DEFINED.—In 
this section, for any hardrock mineral, the term ‘‘gross 
income from mining’’ has the meaning given the term 
‘‘gross income’’ in section 613(c) of the Internal Revenue 
Code of 1986. 
(l) EFFECTIVE DATE.—Royalties under this Act shall 
take effect with respect to the production of hardrock min-
erals after the effective date of this Act, but any royalty 
payments attributable to production during the first 12 
calendar months after the effective date of this Act shall 
be payable at the expiration of such 12-month period. 
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SEC. 108. EXISTING PRODUCTION. 
(a) IN GENERAL.—The claim holder of a mining 
claim located or converted under this Act for which min-
eral activities have commenced under an approved plan of 
operations as of the effective date of this Act shall have 
the exclusive right of possession and use of the land sub-
ject to such mining claim for mineral activities, including 
the right of ingress and egress to such land for mineral 
activities, subject to the rights of the United States under 
this Act and other applicable Federal law. 
(b) TERMINATION.—The rights of the claim holder 
under subsection (a) shall terminate upon completion of 
mineral activities on such land to the satisfaction of the 
Secretary. 
SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE. 
(a) FEE.— 
(1) IN GENERAL.— 
(A) REQUIRED FEES.— 
(i) IN GENERAL.—Except as provided 
in section 2511(e)(2) of the Energy Policy 
Act of 1992 (30 U.S.C. 242(e)(2)) and as 
otherwise provided in this Act, for each 
unpatented mining claim, millsite, or tun-
nel site on Federal land, whether located 
before or on the effective date of this Act, 
each such claimant shall pay to the Sec-
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retary, on or before September 1 of each 
year, a claim maintenance fee of $200 per 
claim to hold such unpatented mining 
claim, millsite, or tunnel site for the as-
sessment year beginning at noon the fol-
lowing day. 
(ii) FEE IN PLACE OF ASSESSMENT 
WORK.—A claim maintenance fee paid 
under clause (i) shall be in lieu of the as-
sessment work requirement in the Mining 
Law of 1872 (30 U.S.C. 28 et seq.) and 
the related filing requirements in sections 
314(a) and (c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1744(a) and (c)). 
(B) FEE ADJUSTMENTS.—Any adjustment 
to a fee under this subsection made under sec-
tion 502 shall begin to apply in the first assess-
ment year which begins after the adjustment is 
made. 
(C) EXCEPTION
FOR
SMALL
MINERS.— 
Subparagraph (A) and the assessment work re-
quirement in the Mining Law of 1872 (30 
U.S.C. 28 et seq.) shall not apply with respect 
to a small miner’s lease. 
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(2) RECLAMATION PROGRAM.—Moneys received 
under this subsection that are not otherwise allo-
cated for the administration of this Act by the Sec-
retary shall be made available to carry out, to re-
main available until expended without fiscal year 
limitation, the Abandoned Hardrock Mine Reclama-
tion Program. 
(b) CO-OWNERSHIP.—The co-ownership provisions of 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall re-
main in effect except that the annual claim maintenance 
fee under subsection (a), where applicable, shall replace 
applicable assessment requirements and expenditures 
under that Act. 
(c) FAILURE TO PAY.—Failure to pay the claim 
maintenance fee under subsection (a) in a timely manner 
shall conclusively constitute a forfeiture of the unpatented 
mining claim, millsite, or tunnel site by the claimant and 
the claim, millsite, or tunnel site shall be deemed null and 
void by operation of law. 
(d) OTHER REQUIREMENTS.— 
(1) REQUIRED FILINGS.—Nothing in this sec-
tion shall change or modify the requirements of sec-
tion 314(b) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1744(b)) or the re-
quirements of section 314(c) of that Act (43 U.S.C. 
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1744(c)) related to filings required by section 314(b) 
of that Act (43 U.S.C. 1744(b)), which remain in ef-
fect. 
(2) MINING LAW OF 1872.—Section 2324 of the 
Mining Law of 1872 (30 U.S.C. 28) is amended by 
inserting ‘‘or section 103(a) of the Clean Energy 
Minerals Reform Act of 2023’’ after ‘‘Act of 1993’’. 
SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 
OF CLAIMS. 
Except as otherwise provided in section 101, timely 
payment of the claim maintenance fee required by section 
109 or any related law relating to the use of Federal land, 
asserts the authority of the claimant to use and occupy 
the Federal land concerned for prospecting and explo-
ration, consistent with the requirements of this Act and 
other applicable law. 
SEC. 111. PROTECTION OF SPECIAL PLACES. 
(a) PROTECTION OF NATIONAL PARK SYSTEM UNITS 
AND NATIONAL MONUMENTS.—No agency may authorize 
any mineral activity that would impair the land or re-
sources of a unit of the National Park System or a na-
tional monument, including— 
(1) any diminution of the affected land, includ-
ing wildlife, scenic assets, water resources, air qual-
ity, and acoustic qualities; or 
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(2) other changes that would impair the experi-
ence of a citizen at the National Park System unit 
or a national monument. 
(b) PROTECTION OF NATIONAL CONSERVATION SYS-
TEM UNITS.—In order to protect the resources and values 
of National Conservation System units, the Secretary, as 
appropriate, shall use authority under this Act and other 
applicable law to the fullest extent necessary to prevent 
mineral activities that could have an adverse impact on 
the resources or values for which such units were estab-
lished. 
(c) LANDS NOT OPEN TO MINING.—Notwithstanding 
any other provision of law and subject to valid existing 
rights, no agency shall authorize mineral activities within 
any of the following areas: 
(1) Sacred sites. 
(2) Wilderness study areas. 
(3) Habitat designated as critical habitat under 
section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533). 
(4) Areas of critical environmental concern (as 
such term is defined in section 103 of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1702)). 
(5) Units of the National Conservation System. 
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suant to this subsection shall be accompanied by a 
fee payable to the Secretary concerned in such 
amount as may be established by the Secretary con-
cerned, which shall be equal to the actual or antici-
pated cost to the Secretary concerned of reviewing 
and approving or disapproving such transfer, assign-
ment, or sale, as determined by the Secretary con-
cerned. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.— 
(1) IN GENERAL.—A person that is in compli-
ance with this Act may apply to the Secretary con-
cerned for an operations permit authorizing the per-
son to carry out mineral activities on— 
(A) any valid mining claim, millsite, tunnel 
site, or lease issued under this Act; and 
(B) such additional Federal land as the 
Secretary concerned may determine is necessary 
to conduct the proposed mineral activities, if 
the operator— 
(i) obtains a right-of-way permit for 
use of such additional lands under title V 
of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1761 et 
seq.); and 
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to cover the responsibility of the operator for reclamation, 
long-term maintenance, and effluent treatment as speci-
fied in subsection (g). 
(d) ADJUSTMENTS.— 
(1) IN
GENERAL.—The Secretary concerned 
may adjust the amount of the financial assurance 
required under this section and the terms of the ac-
ceptance of the financial assurance as needed as the 
land subject to the relevant permit is increased or 
decreased, the costs of reclamation or treatment 
change, or pursuant to section 304(f), but the finan-
cial assurance shall otherwise be in compliance with 
this section. 
(2) REVIEW.—The Secretary concerned shall 
review the financial assurance every 3 years and as 
part of the permit application review under section 
304(g). 
(e) RELEASE.—The Secretary concerned may, upon 
request, after consultation with the Administrator of the 
Environmental Protection Agency, notice and opportunity 
for public comment, and inspection by the Secretary con-
cerned, release, in whole or in part, the financial assurance 
required under this section if the Secretary concerned 
makes both of the following determinations: 
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