ment to any of such Acts. Nothing in this title shall be 
construed as modifying or affecting any provision of the 
Native American Graves Protection and Repatriation Act 
(Public Law 101–601) or any provision of the American 
Indian Religious Freedom Act (42 U.S.C. 1996), the Na-
tional Historic Preservation Act (16 U.S.C. 470 et seq.), 
and the Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.). 
(c) PROTECTION
OF CONSERVATION AREAS.—In 
order to protect the resources and values of National Con-
servation System units, the Secretary, as appropriate, 
shall utilize authority under this title and other applicable 
law to the fullest extent necessary to prevent mineral ac-
tivities that could have an adverse impact on the resources 
or values for which such units were established. 
(d) SOVEREIGN IMMUNITY
OF INDIAN TRIBES.— 
Nothing in this section shall be construed so as to waive 
the sovereign immunity of any Indian tribe. 
SEC. 150. AVAILABILITY OF PUBLIC RECORDS. 
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of 
Agriculture under this title shall be made available to the 
public, consistent with section 552 of title 5, United States 
Code, in central and sufficient locations in the county, 
multicounty, and State area of mineral activity or rec-
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lamation so that such items are conveniently available to 
residents in the area proposed or approved for mineral ac-
tivities and on the Internet. 
SEC. 151. MISCELLANEOUS POWERS. 
(a) IN GENERAL.—In carrying out his or her duties 
under this title, the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may conduct any 
investigation, inspection, or other inquiry necessary and 
appropriate and may conduct, after notice, any hearing 
or audit, necessary and appropriate to carrying out his 
or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this title, 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture, is authorized to take any of the 
following actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
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books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
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retary, or for National Forest System lands the Secretary 
of Agriculture, or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this title are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
equipment, or review any method of operation re-
quired under this title; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this title; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this title, and without advance notice, stop, and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products 
derived therefrom from a claim site for the purpose 
of determining whether the operator of such vehicle 
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as 
required by law, if such documentation is required 
under this title; and 
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