Mineral Exploration and Development Act of 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2141 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 2141

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 15, 2003

Mr. Rahall (for himself, Mr. Shays, Mr. Inslee, Mr. Blumenauer, Mr.
Baird, Ms. Jackson-Lee of Texas, Mr. Kildee, Mr. George Miller of
California, Mr. Lipinski, Mr. Udall of Colorado, Mr. Kind, Mr. Frank of
Massachusetts, Mrs. Napolitano, Mr. Faleomavaega, Mr. Grijalva, Ms.
Solis, Ms. McCollum, Mr. Schiff, and Mr. McDermott) introduced the
following bill; which was referred to the Committee on 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 purposes.

Be it enacted by the Senate and House of Representatives 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 ``Mineral
Exploration and Development Act of 2003''.
(b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

Sec. 101. Lands open to location.
Sec. 102. Rights under this Act.
Sec. 103. Claim maintenance requirements.
Sec. 104. Location fee.
Sec. 105. Co-ownership.
Sec. 106. Other requirements.
Sec. 107. Fee adjustments.
Sec. 108. Use of fees.
Sec. 109. Prohibition.
Sec. 110. Failure to comply.
Sec. 111. Limitation on patents.
Sec. 112. Royalty.
TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT

Sec. 201. Surface management standard.
Sec. 202. Permits.
Sec. 203. Operations permit.
Sec. 204. Persons ineligible for permits.
Sec. 205. Financial assurance.
Sec. 206. Operation and reclamation.
Sec. 207. State law and regulation.
Sec. 208. Unsuitability review.
Sec. 209. Certain mineral activities covered by other law.
TITLE III--ABANDONED LOCATABLE MINERALS MINE RECLAMATION FUND

Sec. 301. Abandoned Locatable Minerals Mine Reclamation.
Sec. 302. Use and objectives of the Fund.
Sec. 303. Eligible lands and waters.
Sec. 304. Fund expenditures.
Sec. 305. Authorization of appropriations.
TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Subtitle A--Administrative Provisions

Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Inspection and monitoring.
Sec. 404. Citizens suits.
Sec. 405. Administrative and judicial review.
Sec. 406. Enforcement.
Sec. 407. Regulations; effective dates.
Subtitle B--Miscellaneous Provisions

Sec. 411. Transitional rules; surface management requirements.
Sec. 412. Oil shale claims subject to special rules.
Sec. 413. Purchasing power adjustment.
Sec. 414. Savings clause.
Sec. 415. Availability of public records.
Sec. 416. Miscellaneous powers.
Sec. 417. Multiple mineral development and surface resources.
Sec. 418. Mineral materials.
Sec. 419. Application of Act to beneficiation and processing of non-
Federal minerals on Federal lands.

SEC. 2. DEFINITIONS AND REFERENCES.

(a) Definitions.--As used in this Act:
(1) The term ``affiliate'' means with respect to any
person, any of the following:
(A) Any person who controls, is controlled by, or
is under common control with such person.
(B) Any partner of such person.
(C) Any person owning at least 10 percent of the
voting shares of such person.
(2) The term ``applicant'' means any person applying for a
permit under this Act or a modification to or a renewal of a
permit under this Act.
(3) The term ``beneficiation'' means the crushing and
grinding of locatable mineral ore and such processes as are
employed to free the mineral from other constituents, including
but not necessarily limited to, physical and chemical
separation techniques.
(4) The term ``claim holder'' means a person holding a
mining claim located or converted under this Act. Such term may
include an agent of a claim holder.
(5) The term ``control'' means having the ability, directly
or indirectly, to determine (without regard to whether
exercised through one or more corporate structures) the manner
in which an entity conducts mineral activities, through any
means, including without limitation, ownership interest,
authority to commit the entity's real or financial assets,
position as a director, officer, or partner of the entity, or
contractual arrangement. The Secretary and the Secretary of
Agriculture shall jointly promulgate such rules as may be
necessary under this paragraph.
(6) The term ``exploration'' means those techniques
employed to locate the presence of a locatable mineral deposit
and to establish its nature, position, size, shape, grade and
value not associated with mining, beneficiation, processing or
marketing of minerals.
(7) The term ``Indian lands'' means lands held in trust for
the benefit of an Indian tribe or individual or held by an
Indian tribe or individual subject to a restriction by the
United States against alienation.
(8) The term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, or other organized group or community,
including any Alaska Native village or regional corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 and following), which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
(9) The term ``land use plans'' means those plans required
under section 202 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712) or the land management plans for
National Forest System units required under section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604), whichever is applicable.
(10) The term ``legal subdivisions'' means an aliquot
quarter quarter section of land as established by the official
records of the public land survey system, or a single lot as
established by the official records of the public land survey
system if the pertinent section is irregular and contains
fractional lots, as the case may be.
(11)(A) The term ``locatable mineral'' means any mineral,
the legal and beneficial title to which remains in the United
States and which is not subject to disposition under any of the
following:
(i) The Mineral Leasing Act (30 U.S.C. 181 and
following).
(ii) The Geothermal Steam Act of 1970 (30 U.S.C.
1001 and following).
(iii) The Act of July 31, 1947, commonly known as
the Materials Act of 1947 (30 U.S.C. 601 and
following).
(iv) The Mineral Leasing for Acquired Lands Act (30
U.S.C. 351 and following).
(B) The term ``locatable mineral'' does not include any
mineral held in trust by the United States for any Indian or
Indian tribe, as defined in section 2 of the Indian Mineral
Development Act of 1982 (25 U.S.C. 2101), or any mineral owned
by any Indian or Indian tribe, as defined in that section, that
is subject to a restriction against alienation imposed by the
United States.
(12) The term ``millsite claim'' means a claim to public
land that--
(A) does not exceed 5 acres for each 20 acres of
mining claim for a vein or lode;
(B) is noncontiguous to such vein or lode; and
(C) is needed by a mining claim holder for mining,
milling, processing, beneficiation, or other similar
operations in connection with the mining claim.
(13) The term ``mineral activities'' means any activity on
Federal lands for, related to, or incidental to, mineral
exploration, mining, beneficiation, processing, or reclamation
activities for any locatable mineral.
(14) The term ``minimize'' means to reduce the adverse
impact of an operation to the lowest practical level.
(15) The term ``mining'' means the processes employed for
the extraction of a locatable mineral from the earth.
(16) 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 Trails
System, or a National Conservation Area, National Recreation
Area, a National Monument or any unit of the National
Wilderness Preservation System.
(17) The term ``operator'' means any person, conducting
mineral activities subject to this Act or any agent of such a
person.
(18) The term ``person'' means an individual, Indian tribe,
partnership, association, society, joint venture, joint stock
company, firm, company, corporation, cooperative, or other
organization and any instrumentality of State or local
government including any publicly owned utility or publicly
owned corporation of State or local government.
(19) The term ``processing'' means processes downstream of
beneficiation employed to prepare locatable mineral ore into
the final marketable product, including but not limited to,
smelting and electrolytic refining.
(20) The term ``Secretary'' means the Secretary of the
Interior, unless otherwise specified.
(21) The term ``surface management requirements'' means the
requirements and standards of title II, and such other
standards as are established by the Secretary governing mineral
activities pursuant to this Act.
(b) References.--(1) Any reference in this Act to the term
``general mining laws'' is a reference to those Acts which generally
comprise chapters 2, 12A, and 16, and sections 161 and 162 of title 30
of the United States Code.
(2) Any reference in this Act to the ``Act of July 23, 1955'', is a
reference to the Act of July 23, 1955, 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 purposes'' (30 U.S.C. 601 and following).

TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

SEC. 101. LANDS OPEN TO LOCATION.

(a) Lands Open to Location.--Except as provided in subsection (b),
mining claims may be located under this Act on lands and interests in
lands owned by the United States if--
(1) such lands and interests were open to the location of
mining claims under the general mining laws on the date of
enactment of this Act; or
(2) such lands and interests are opened to the location of
mining claims after the date of enactment of this Act by reason
of any administrative action or statute.
(b) Lands Not Open to Location.--
(1) In general.--Notwithstanding any other provision of law
and subject to valid existing rights, each of the following
shall not be open to the location of mining claims under this
Act on or after the date of enactment of this Act:
(A) Lands recommended for wilderness designation by
the agency managing the surface, pending a final
determination by the Congress of the status of such
recommended lands, or otherwise being managed as
roadless areas under an applicable land use plan.
(B) Lands being managed by the Secretary, acting
through Bureau of Land Management, as wilderness study
areas or National Monuments on the date of enactment of
this Act except where the location of mining claims is
specifically allowed to continue by the statute
designating the study area, pending a final
determination by the Congress of the status of such
lands.
(C) Lands that are--
(i) in designated Wild and Scenic Rivers
and under study for inclusion in the National
Wild and Scenic River System pursuant to
section 5(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1276(a)), pending a final
determination by the Congress of the status of
such lands;
(ii) determined by a Federal agency under
section 5(d) of such Act (16 U.S.C. 1276(d)) to
be eligible for inclusion in such system,
pending a final determination by the Congress
of the status of such lands; or
(iii) designated Wild and Scenic Rivers
that have been withdrawn from mineral entry by
action of the Secretary of the Interior.
(D) Lands withdrawn or segregated from mineral
entry under authority of other law.
(E) Lands designated as Areas of Critical
Environmental Concern.
(F) Lands identified as ``sacred sites'' in
accordance with Executive Order 13007.
(2) Definitions.--(A) As used in this subsection, the term
``valid existing rights'' means a mining claim or millsite
claim located on lands described in paragraph (1) of subsection
(a), that--
(i) was properly located and maintained under this
Act prior to and on the applicable date, or
(ii) was properly located and maintained under the
general mining laws prior to the applicable date, and
(I) was supported by a discovery of a
valuable mineral deposit within the meaning of
the general mining laws on the applicable date,
or satisfies the limitations under existing law
for millsite claims, and
(II) continues to be valid under this Act.
(B) As used in this paragraph, the term ``applicable date''
means one of the following:
(i) In the case of lands described in paragraph
(1)(A), such term means the date of the recommendation
referred to in paragraph (1)(A) if such recommendation
is made on or after the date of the enactment of this
Act.
(ii) In the case of lands described in paragraph
(1)(A), if the recommendation referred to in paragraph
(1)(A) was made before the date of the enactment of
this Act, such term means the earlier of (I) the date
of enactment of this Act or (II) the date of any
withdrawal of such lands from mineral activities.
(iii) For lands described in paragraph (1)(B), such
term means the date of the enactment of this Act.
(iv) For lands referred to in paragraph (1)(C)(i)
and (1)(C)(iii), such term means the date of the
enactment of the amendment to the Wild and Scenic
Rivers Act listing the river segment for study and for
lands referred to in paragraph (1)(C)(ii), such term
means the date of the eligibility determination.
(v) For lands referred to in paragraph (1)(D), such
term means the date of the withdrawal.

SEC. 102. RIGHTS UNDER THIS ACT.

The holder of a mining claim located under the general mining laws
and maintained in compliance with this Act shall have the exclusive
right of possession and use of the claimed land for mineral activities,
including the right of ingress and egress to such claimed lands for
such activities, subject to the rights of the United States under this
Act and other applicable Federal law. Such rights of the claim holder
shall terminate upon completion of mineral activities of lands to the
satisfaction of the Secretary. In cases where an area is determined
unsuitable under section 208, holders of claims located under the
general mining laws shall be entitled to receive a refund of claim
maintenance fees.

SEC. 103. CLAIM MAINTENANCE REQUIREMENTS.

(a) Claim Maintenance Fee.--Except as provided in subsections (c),
(d), and (e), the holder of each unpatented mining claim, mill, or
tunnel site located pursuant to the general mining laws, whether
located before or after the enactment of this Act, shall pay to the
Secretary, on or before August 31 of each year, a claim maintenance fee
of $100 per claim. Such claim maintenance fee shall be in lieu of the
assessment work requirement contained in the general mining laws and
the related filing requirements contained in section 314(a) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(a)).
(b) Time of Payment.--The claim maintenance fee payable pursuant to
subsection (a) for any assessment year (as defined under the general
mining laws) shall be paid before the commencement of the assessment
year.
(c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy
Policy Act of 1992.--This section shall not apply to any oil shale
claims for which a fee is required to be paid under section 2511(e)(2)
of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242).
(d) Waiver for Patent Applicants.--The Secretary may waive the
claim maintenance fee required under this section for a claimant who
certifies in writing to the Secretary that on the date the payment was
due, the claimant and all related parties--
(1) had filed a patent application with the Secretary on or
before September 30, 1994; and
(2) had fully complied with all requirements established
under sections 2325 and 2326 of the Revised Statutes (30 U.S.C.
29 and 30) for vein or lode claims and sections 2329, 2330,
2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for millsite claims, by that date.
(e) Exceptions for Claimants Holding 10 or Fewer Mining Claims.--
(1) In general.--A claimant may elect to perform the
assessment work required under the general mining laws in lieu
of paying the maintenance fee required under this section if
the claimant certifies in writing to the Secretary that on the
date the payment was due, the claimant and all related
parties--
(A) are producing hard rock minerals under a valid
notice or plan of operation which production results in
not less than $1,500 and not more than $800,000 in
gross revenues per year from a total of 10 or fewer
claims;
(B) are performing exploration work to disclose,
expose, or otherwise make known possible valuable
mineralization on a total of 10 or fewer claims under a
valid notice or plan of operation; and
(C) have less than 10 acres of unreclaimed surface
disturbance from such mining activity or such
exploration work.
(2) Claimants electing to do assessment work.--A claimant
holding 10 or fewer mining claims, who elects to do the
assessment work required by the general mining laws in lieu of
paying the claim maintenance fee required under this section
shall be required to meet the filing requirements of section
314(a) and (c) of the Federal Land Policy and Management Act
(43 U.S.C. 1744(a) and (c)) on such 10 or fewer claims and
shall certify the performance of such assessment work to the
Secretary by August 31 of each year.
(f) Co-Ownership.--Upon the failure of any one or more of several
co-claimants to contribute such co-claimant or claimants' portion of
the fee under this section, any co-claimant who has paid such fee may,
after the payment due date, give the delinquent co-claimant or
claimants notice of such failure in writing (or by publication in the
newspaper nearest the claim for at least once a week for at least 90
days). If at the expiration of 90 days after such notice in writing or
by publication, any delinquent co-claimant fails or refuses to
contribute the co-claimant's portion, the co-claimant's interest in the
claim shall become the property of the co-claimants who have paid the
required fee.
(g) Fund.--All moneys received by the United States under this
section shall be deposited in the Abandoned Locatable Minerals Mine
Reclamation Fund established under title III.
(h) Credit Against Royalty.--The amount of the annual claim
maintenance fee required to be paid under this section for any claim
for any period shall be credited against the amount of royalty required
to be paid under section 112 for the same period with respect to that
claim.
(i) Definitions.--For purposes of this section:
(1) With respect to any claimant, the term ``related
party'' means--
(A) the spouse and dependent children (as defined
in section 152 of the Internal Revenue Code of 1986),
of the claimant; and
(B) any affiliate of the claimant, including a
person who controls, is controlled by, or is under
common control with the claimant.
(2) The term ``control'' includes actual control, legal
control, and the power to exercise control, through or by
common directors, officers, stockholders, a voting trust, or a
holding company or investment company, or any other means.

SEC. 104. LOCATION FEE.

(a) In General.--Notwithstanding any other provision of law, for
every unpatented mining claim, mill, or tunnel site located after the
date of enactment of this Act, pursuant to the general mining laws, the
locator shall, at the time the location notice is recorded with the
Bureau of Land Management, pay to the Secretary a location fee, in
addition to the claim maintenance fee required by section 103, of
$25.00 per claim.
(b) Time of Payment.--The location fee imposed under subsection (a)
shall be payable not later than 90 days after the date of location.

SEC. 105. CO-OWNERSHIP.

The co-ownership provisions of the general mining laws shall remain
in effect, except that in applying such provisions, the annual claim
maintenance fee required under this title shall, where applicable,
replace applicable assessment requirements and expenditures.

SEC. 106. OTHER REQUIREMENTS.

Nothing in this title shall change or modify the requirements of
section 314(b) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1744(b)), related to filings required by section 314(b), and
such requirements shall remain in effect with respect to claims and
mill or tunnel sites for which fees are required to be paid under this
section.

SEC. 107. FEE ADJUSTMENTS.

(a) Inflation Adjustments.--The Secretary of the Interior shall
adjust the fees required by this section to reflect changes in the
Consumer Price Index published by the Bureau of Labor Statistics of the
Department of Labor, every 5 years after the date of the enactment of
this Act or more frequently if the Secretary determines an adjustment
to be reasonable.
(b) Notice.--The Secretary shall provide claimants notice of any
adjustment made under this section not later than July 1 of any year in
which the adjustment is made.
(c) Application of Adjustment.--A fee adjustment under this section
shall begin to apply during the first assessment year (as defined under
the general mining laws) that begins at noon on the first day of
September after the adjustment is made.

SEC. 108. USE OF FEES.

All moneys received by the United States under this title shall be
deposited in the Abandoned Locatable Minerals Mine Reclamation Fund
established under title III.

SEC. 109. PROHIBITION.

If the Secretary prohibits the use of a mining claim for mineral
activities pursuant to section 208 of this Act (relating to
unsuitability), the provisions of sections 101 through 107 shall no
longer apply with respect to that claim.

SEC. 110. FAILURE TO COMPLY.

(a) Forfeiture.--The failure of the claim holder to file the notice
of location, to pay the location fee, or to comply with the claim
maintenance provisions of section 103 for a mining claim as required by
this title shall be deemed conclusively to constitute forfeiture of the
mining claim by operation of law. Forfeiture shall not relieve any
person of any obligation created under this Act, including reclamation.
(b) Prohibition.--No claim holder may locate a new claim on the
lands such claim holder included in a forfeited claim for 2 years from
the date such claim is deemed forfeited.
(c) Relinquishment.--A claim holder deciding not to pursue mineral
activities on a claim may relinquish such claim by notifying the
Secretary. A claim holder relinquishing a claim is responsible for
reclamation as required by section 206 of this Act and all other
applicable requirements. A claim holder who relinquishes a claim shall
not be subject to the prohibition of subsection (b) of this section
unless the Secretary determines that the claim is being relinquished
and relocated for the purpose of avoiding compliance with any provision
of this Act, including payment of the claim maintenance fee.

SEC. 111. LIMITATION ON PATENTS.

(a) Mining Claims.--
(1) Determinations required.--After the date of enactment
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 the claim concerned--
(A) a patent application was filed with the
Secretary on or before September 30, 1994; and
(B) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and
30) for vein or lode claims and sections 2329, 2330,
2331, and 2333 of the Revised Statutes (30 U.S.C. 35,
36, and 37) for placer claims were fully complied with
by that date.
(2) Right to patent.--If the Secretary makes the
determinations referred to in subparagraphs (A) and (B) of
paragraph (1) for any mining claim, the holder of the claim
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 prior to the enactment of this Act, unless and
until such determinations are withdrawn or invalidated by the
Secretary or by a court of the United States.
(b) Millsite Claims.--
(1) Determinations required.--After the date of enactment
of this Act, no patent shall be issued by the United States for
any millsite claim located under the general mining laws unless
the Secretary determines that for the millsite concerned--
(A) a patent application for such land was filed
with the Secretary on or before September 30, 1994; and
(B) all requirements applicable to such patent
application were fully complied with by that date.
(2) Right to patent.--If the Secretary makes the
determinations referred to in subparagraphs (A) and (B) of
paragraph (1) for any millsite claim, the holder of the claim
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 prior to the enactment of this Act, unless and
until such determinations are withdrawn or invalidated by the
Secretary or by a court of the United States.

SEC. 112. ROYALTY.

(a) Reservation of Royalty.--Production of all locatable minerals
from any mining claim located under the general mining laws and
maintained in compliance with this Act, or mineral concentrates or
products derived from locatable minerals from any mining claim located
under the general mining laws and maintained in compliance with this
Act, as the case may be, shall be subject to a royalty of 8 percent of
the net smelter return from such production. The claim holder and any
operator to whom the claim holder has assigned the obligation to make
royalty payments under the claim and any person who controls such claim
holder or operator shall be jointly and severally liable for payment of
such royalties.
(b) Duties of Claim Holders, Operators, and Transporters.--(1) A
person--
(A) who is required to make any royalty payment under this
section shall make such payments to the United States at such
times and in such manner as the Secretary may by rule
prescribe; and
(B) shall notify the Secretary, in the time and manner as
may be specified by the Secretary, of any assignment that such
person may have made of the obligation to make any royalty or
other payment under a mining claim.
(2) Any person paying royalties under this section shall file a
written instrument, together with the first royalty payment, affirming
that such person is liable to the Secretary for making proper payments
for all amounts due for all time periods for which such person has a
payment responsibility. Such liability for the period referred to in
the preceding sentence shall include any and all additional amounts
billed by the Secretary and determined to be due by final agency or
judicial action. Any person liable for royalty payments under this
section who assigns any payment obligation shall remain jointly and
severally liable for all royalty payments due for the claim for the
period.
(3) A person conducting mineral activities shall--
(A) develop and comply with the site security provisions in
operations permit designed to protect from theft the locatable
minerals, concentrates or products derived therefrom which are
produced or stored on a mining claim, and such provisions shall
conform with such minimum standards as the Secretary may
prescribe by rule, taking into account the variety of
circumstances on mining claims; and
(B) not later than the 5th business day after production
begins anywhere on a mining claim, or production resumes after
more than 90 days after production was suspended, notify the
Secretary, in the manner prescribed by the Secretary, of the
date on which such production has begun or resumed.
(4) The Secretary may by rule require any person engaged in
transporting a locatable mineral, concentrate, or product derived
therefrom to carry on his or her person, 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 locatable mineral,
concentrate, or product derived therefrom in such circumstances as the
Secretary determines is appropriate.
(c) Recordkeeping and Reporting Requirements.--(1) A claim holder,
operator, or other person directly involved in developing, producing,
processing, transporting, purchasing, or selling locatable 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 implementing this
section or determining compliance with rules or orders under this
section. Such records shall include, but not be limited to, periodic
reports, records, documents, and other data. Such reports may also
include, but not be limited to, pertinent technical and financial data
relating to the quantity, quality, composition volume, weight, and
assay of all minerals extracted from the mining claim. Upon the request
of any officer or employee duly designated by the Secretary or any
State conducting an audit or investigation pursuant to this section,
the appropriate records, reports, or information which may be required
by this section shall be made available for inspection and duplication
by such officer or employee or State.
(2) Records required by the Secretary under this section shall be
maintained for 6 years after release of financial assurance under
section 205 unless the Secretary notifies the operator that the
Secretary has initiated an audit or investigation involving such
records and that such records must be maintained for a longer period.
In any case when an audit or investigation is underway, records shall
be maintained until the Secretary releases the operator of the
obligation to maintain such records.
(d) Audits.--The Secretary is authorized to conduct such audits of
all claim holders, operators, transporters, purchasers, processors, or
other persons directly or indirectly involved in the production or
sales of minerals covered by this Act, as the Secretary deems necessary
for the purposes of ensuring compliance with the requirements of this
section. For purposes of performing such audits, the Secretary shall,
at reasonable times and upon request, have access to, and may copy, all
books, papers and other documents that relate to compliance with any
provision of this section by any person.
(e) Cooperative Agreements.--(1) The Secretary is authorized to
enter into cooperative agreements with the Secretary of Agriculture to
share information concerning the royalty management of locatable
minerals, concentrates, or products derived therefrom, to carry out
inspection, auditing, investigation, or enforcement (not including the
collection of royalties, civil or criminal penalties, or other
payments) activities under this section in cooperation with the
Secretary, and to carry out any other activity described in this
section.
(2) Except as provided in paragraph (3)(A) of this subsection
(relating to trade secrets), and pursuant to a cooperative agreement,
the Secretary of Agriculture shall, upon request, have access to all
royalty accounting information in the possession of the Secretary
respecting the production, removal, or sale of locatable minerals,
concentrates, or products derived therefrom from claims on lands open
to location under this Act.
(3) Trade secrets, proprietary, and other confidential information
shall be made available by the Secretary pursuant to a cooperative
agreement under this subsection to the Secretary of Agriculture upon
request only if--
(A) the Secretary of Agriculture consents in writing to
restrict the dissemination of the information to those who are
directly involved in an audit or investigation under this
section and who have a need to know;
(B) the Secretary of Agriculture accepts liability for
wrongful disclosure; and
(C) the Secretary of Agriculture demonstrates that such
information is essential to the conduct of an audit or
investigation under this subsection.
(f) Interest and Substantial Underreporting Assessments.--(1) In
the case of mining claims 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 interest rate
as is applicable under section 6621(a)(2) of the Internal Revenue Code
of 1986. In the case of an underpayment, interest shall be computed and
charged only on the amount of the deficiency and not on the total
amount.
(2) If there is any underreporting of royalty owed on production
from a claim for any production month by any person liable for royalty
payments under this section, the Secretary may assess a penalty of 10
percent of the amount of that underreporting.
(3) If there is a substantial underreporting of royalty owed on
production from a claim for any production month by any person liable
for the royalty, the Secretary may assess a penalty of 25 percent of
the amount of that underreporting.
(4) For the purposes of this subsection, the term
``underreporting'' means the difference between the royalty on the
value of the production which should have been reported and the royalty
on the value of the production which was reported, if the value which
should have been reported is greater than the value which was reported.
An underreporting constitutes a ``substantial underreporting'' if such
difference exceeds 10 percent of the royalty on the value of production
which should have been reported.
(5) The Secretary shall not impose the assessment provided in
paragraphs (2) or (3) of this subsection if the person liable for
royalty payments under this section corrects the underreporting before
the date such person receives notice from the Secretary that an
underreporting may have occurred, or before 90 days after the date of
the enactment of this section, whichever is later.
(6) The Secretary shall waive any portion of an assessment under
paragraph (2) or (3) of this subsection attributable to that portion of
the underreporting for which the person responsible for paying the
royalty demonstrates that--
(A) such person had written authorization from the
Secretary to report royalty on the value of the production on
basis on which it was reported,
(B) such person had substantial authority for reporting
royalty on the value of the production on the basis on which it
was reported,
(C) such person previously had notified the Secretary, in
such manner as the Secretary may by rule prescribe, of relevant
reasons or facts affecting the royalty treatment of specific
production which led to the underreporting, or
(D) such person meets any other exception which the
Secretary may, by rule, establish.
(7) All penalties collected under this subsection shall be
deposited in the Abandoned Locatable Minerals Mine Reclamation Fund
established under title III.
(g) Delegation.--For the purposes of this section, the term
``Secretary'' means the Secretary of the Interior acting through the
Director of the Minerals Management Service.
(h) Expanded Royalty Obligations.--Each person liable for royalty
payments under this section shall be jointly and severally liable for
royalty on all locatable minerals, concentrates, or products derived
therefrom lost or wasted from a mining claim located under the general
mining laws and maintained in compliance with this Act when such loss
or waste is due to negligence on the part of any person or due to the
failure to comply with any rule, regulation, or order issued under this
section.
(i) Net Smelter Return Defined.--For the purposes of this section,
for any locatable mineral, the term ``net smelter return'' has the same
meaning as the term ``gross income'' in section 613(c)(1) of the
Internal Revenue Code of 1986.
(j) Effective Date.--The royalty under this section shall take
effect with respect to the production of locatable minerals after the
enactment of this Act, but any royalty payments attributable to
production during the first 12 calendar months after the enactment of
this Act shall be payable at the expiration of such 12-month period.
(k) Failure To Comply With Royalty Requirements.--Any person who
fails to comply with the requirements of this section or any regulation
or order issued to implement this section shall be liable for a civil
penalty under section 109 of the Federal Oil and Gas Royalty Management
Act (30 U.S.C. 1719) to the same extent as if the claim located under
the general mining laws and maintained in compliance with this Act were
a lease under that Act.

TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT

SEC. 201. SURFACE MANAGEMENT STANDARD.

Notwithstanding any other provision of law, and in accordance with
this title and applicable law, the Secretary shall require that mineral
activities on Federal lands conducted by any person shall minimize
adverse impacts to the environment.

SEC. 202. PERMITS.

(a) Permits Required.--No person may engage in mineral activities
on Federal lands that may cause a disturbance of surface resources,
including but not limited to land, air, ground water and surface water,
and fish and wildlife, unless--
(1) the claim was properly located or converted under this
Act and properly maintained; and
(2) a permit was issued to such person under this title
authorizing such activities.
(b) Negligible Disturbance.--Notwithstanding subsection (a)(2), a
permit under this title shall not be required for mineral activities
that are a casual use of the public lands, including the collection of
geochemical, rock, soil, or mineral specimens using hand tools; and
hand panning. Casual use does not include--
(1) the use of mechanized earth moving equipment, suction
dredging, explosives;
(2) the use of motor vehicles in areas closed to off-road
vehicles; and
(3) the construction of roads, drill pads, or the use of
toxic or hazardous materials.

SEC. 203. OPERATIONS PERMIT.

(a) Operations Permit.--Any claim holder may apply to the
Secretary, or for National Forest System lands, the Secretary of
Agriculture, for an operations permit authorizing the claim holder to
carry out mineral activities on Federal lands for any activity greater
than casual use (as that term is used in section 202(b)). If the
Secretary decides to issue such permit, the permit shall include such
terms and conditions as prescribed by such Secretary to carry out this
title.
(b) Permit Application Requirements.--An application for an
operations permit under this section shall be submitted in a manner
satisfactory to the Secretary concerned and shall contain an operations
plan, a reclamation plan, such documentation as necessary to ensure
compliance with applicable Federal and State environmental laws and
regulations, and each of the following:
(1) An identification of the mining claims that will be
subject to the plan of operations.
(2) The name, mailing address, and social security number
or tax identification number, as applicable, of each of the
following:
(A) The applicant for the permit and any agent of
the applicant.
(B) The operator (if different than the applicant)
of the claim concerned.
(C) Each claim holder (if different than the
applicant) of the claim concerned.
(D) Each affiliate and each officer or director of
the applicant.
(3) A statement of whether a person referred to in
subparagraphs (A) through (D) of paragraph (2) is currently in
violation of, or was, during the 3-year period preceding the date of
application, found to be in violation of any of the following and if
so, a brief explanation of the facts involved, including identification
of the site and the nature of the violation:
(A) Any provision of this Act or any regulation
under this Act.
(B) Any applicable toxic substance, solid waste,
air, water quality, or fish and wildlife conservation
law or regulation at any site where mining,
beneficiation, or processing activities are occurring
or have occurred.
(C) The Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 and following) or the Mineral
Leasing Act (30 U.S.C. 181 and following) or any
regulation under those Acts at any site where surface
coal mining operations have occurred or are occurring.
(4) A statement of any current or previous permits or plans
of operations issued under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 and following) or the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
and following).
(5) A description of the type and method of mineral
activities proposed, the engineering techniques proposed to be
used, and the equipment proposed to be used.
(6) The anticipated starting and termination dates of each
phase of the mineral activities proposed, including any planned
temporary cessation of operations.
(7) Maps, to an appropriate scale, clearly showing the
lands, watersheds, and surface waters, to be affected by the
proposed mineral activities; surface and mineral ownership;
facilities, including roads and other man-made structures;
proposed disturbances; soils and vegetation; topography; and
water supply intakes and surface water bodies.
(8) A description of the biological resources in or
associated with the area subject to mineral activities,
including vegetation, fish and wildlife, and riparian and
wetland habitats.
(9) A description of measures planned to exclude fish and
wildlife resources from the area subject to mineral activities
by covering, containment, or fencing of open waters,
beneficiation, and processing materials; or maintenance of all
facilities in a condition that is not harmful to fish and
wildlife.
(10) A description of the quantity and quality of surface
and ground water resources in or associated with the area
subject to mineral activities, based on predisturbance
monitoring sufficient to establish seasonal variations.
(11) An analysis of the probable hydrologic consequences of
the mineral activities, both on and off the area subject to
mineral activities, with respect to the hydrologic regime,
quantity and quality of water in surface and ground water
systems including the dissolved and suspended solids under
seasonal flow conditions and the collection of sufficient data
for the mine site and surrounding areas so that an assessment
can be made by the Secretary concerned of the probable
cumulative impacts of the anticipated mineral activities in the
area upon the hydrology of the area and particularly upon water
availability and quality.
(12) A description of the monitoring systems to be used to
detect and determine whether compliance has and is occurring
consistent with the surface management requirements, including
the type and location of monitoring devices, sampling
parameters and frequency, analytical methods, reporting
procedures, and procedures to respond to reporting results,
which will monitor the effects of mineral activities on the
site and surrounding environment, including but not limited to,
ground water, surface water, air, soils, and fish and wildlife
resources.
(13) Accident contingency plans that include, but are not
limited to, immediate response strategies and corrective
measures to mitigate environmental impacts and appropriate
insurance to cover accident contingencies.
(14) Any measures to comply with any conditions on minerals
activities that are required in the applicable land use plan or
any condition stipulated pursuant to section 208.
(15) Information determined necessary by the Secretary
concerned to assess the cumulative impacts of mineral
activities, as required to comply with the National
Environmental Policy Act of 1969, if impacts of the proposed
mineral activities are additions to the impacts associated with
other mineral activities.
(16) Such other environmental baseline data as the
Secretaries, by joint regulation, shall require sufficient to
validate the determinations required for issuance of a permit
under this Act.
(17) Evidence of appropriate financial assurance as
specified in section 205.
(18) A description of the site security provisions designed
to protect from theft the locatable minerals, concentrates, or
products derived therefrom that will be produced or stored on a
mining claim.
(19) A full characterization of soils and geology in the
area to be affected by mineral activities.
(20) A demonstration that the mining claim is economically
valuable for development, taking into account the costs of
compliance with this Act and other applicable law.
(21) A copy of the applicant's advertisement to be
published as required by subsection (k).
(c) Operation and Reclamation Plan Application Requirements.--The
operation and reclamation plan referred to in subsection (b) shall
include such reclamation measures as prescribed by the Secretary, or
for National Forest System lands the Secretary of Agriculture, and each
of the following:
(1) A description of the condition of the land, including
the fish and wildlife resources and habitat contained thereon,
subject to the permit prior to the commencement of any mineral
activities.
(2) A description of operation and reclamation measures
proposed pursuant to the requirements of section 206.
(3) The engineering techniques to be used in operation and
reclamation and the equipment proposed to be used.
(4) The anticipated starting and termination dates of each
phase of the reclamation proposed.
(5) A description of the proposed condition of the land,
including the fish and wildlife resources and habitat contained
thereon, following the completion of reclamation.
(6) A description of the maintenance measures that will be
necessary to meet the surface management requirements of this
Act, such as, but not limited to, drainage water treatment
facilities, or liner maintenance and control.
(7) The consideration which has been given to making the
condition of the land after the completion of mineral
activities and final reclamation consistent with the applicable
land use plan.
(d) Permit Issuance or Denial.--(1) After providing notice and
opportunity for public comment and hearing pursuant to subsection (k),
the Secretary, or for National Forest System lands the Secretary of
Agriculture, shall issue an operations permit if such Secretary makes
each of the following determinations in writing, and such Secretary
shall deny a permit which he or she finds does not fully meet the
requirements of this paragraph:
(A) The permit application, operations plan, and
reclamation plan are complete and accurate.
(B) The applicant has demonstrated that the proposed
reclamation in the operation and reclamation plan can be
accomplished.
(C) The condition of the land including the fish and
wildlife resources and habitat contained thereon, after the
completion of mineral activities and final reclamation,
conforms to the land use plan applicable to the area subject to
mineral activities and are returned to a productive use.
(D) The area subject to the proposed plan is not included
within an area designated unsuitable or not open to location
for the types of mineral activities proposed.
(E) The applicant has obtained the necessary Federal,
State, and local permits to demonstrate that the mineral
activities will be in compliance with this Act and all other
applicable Federal requirements, and any State requirements
agreed to by the appropriate Secretary pursuant to cooperative
agreements under section 207 and local land use and zoning
requirements.
(F) The assessment of the probable cumulative impact of all
anticipated mining in the area on the hydrologic balance
specified in subsections (b)(10) and (11) have been made and
the proposed operation has been designed to minimize
disturbances to the prevailing hydrologic balance of the permit
area.
(G) The applicant has fully complied with the requirements
of section 205 (relating to financial assurance) and is not
ineligible to receive a permit under section 204.
(2) Issuance of an operations permit under this section shall be
based on information supplied by the applicant or other interested
parties and the applicant shall have the burden of establishing that
the application complies with paragraph (1).
(3) With respect to any activities specified in the reclamation
plan referred to in subsection (b) which constitute a removal or
remedial action under section 101 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, the Secretary shall
consult with the Administrator of the Environmental Protection Agency
prior to the issuance of an operations permit. To the extent
practicable, the Administrator shall ensure that the reclamation plan
does not require activities which would increase the costs or
likelihood of removal or remedial actions under Comprehensive
Environmental Response, Compensation and Liability Act of 1980 or
corrective actions under the Solid Waste Disposal Act.
(e) Term of Permit; Renewal.--(1) An operations permit shall be for
a stated term. The term shall be no greater than that necessary to
accomplish the proposed mineral activities subject to the permit, and
in no case for more than 10 years, unless the applicant demonstrates to
the satisfaction of the Secretary, or for National Forest System lands
the Secretary of Agriculture, that a specified longer term is
reasonably needed for such mineral activities.
(2) Failure by the operator to commence mineral activities within
one year of the date scheduled in an operations permit shall require a
modification of the permit unless the Secretary concerned determines
that the delay was beyond the control of the applicant.
(3) An operations permit shall carry with it the right of
successive renewal upon expiration only with respect to operations on
areas within the boundaries of the existing permit as issued. A renewal
of such permit shall not be issued if such Secretary determines, in
writing, any of the following:
(A) The terms and conditions of the existing permit are not
being met.
(B) The operator has not demonstrated that the financial
assurance would continue to apply in full force and effect for
the renewal term.
(C) Any additional revised or updated information required
by the Secretary concerned has not been provided.
(D) The applicant has not demonstrated that the mineral
activities will be in compliance with the requirements of all
other applicable Federal requirements, and any State
requirements agreed to by the Secretary concerned pursuant to
cooperative agreements under section 207.
(4) A renewal of an operations permit shall be for a term of 10
years or for such additional term as the Secretary concerned deems
appropriate. Application for renewal shall be made at least one year
prior to the expiration of the existing permit. Where a renewal
application has been timely submitted and a permit expires prior to
Secretarial action on the renewal application, reclamation shall and
other mineral activities may continue in accordance with the terms of
the expired permit until the Secretary concerned makes a decision on
the renewal application.
(f) Permit Modification.--(1) During the term of an operations
permit the operator may submit an application to modify the permit
(including the operations plan or reclamation plan, or both). To
approve a proposed modification, the Secretary, or for National Forest
System lands the Secretary of Agriculture, shall make the same
determinations as are required in the case of an original operations
permit, except that the Secretaries may establish joint rules regarding
the extent to which requirements for original permits under this
section shall apply to applications to modify a permit based on whether
such modifications are deemed significant or minor. Such rules shall
provide that all requirements applicable to a new permit shall apply to
any extension of the area covered by the permit (except for incidental
boundary revisions).
(2) The Secretary, or for National Forest System lands the
Secretary of Agriculture, may, at any time, require reasonable
modification to any operations plan or reclamation plan upon a
determination that the requirements of this Act cannot be met if the
plan is followed as approved. Such determination shall be based on a
written finding and subject to notice and hearing requirements
established by the Secretary concerned.
(3) A permit modification is required before changes are made to
the approved plan of operations, or if unanticipated events or
conditions exist on the mine site, including in the case of--
(A) development of acid or toxic drainage;
(B) loss of springs or water supplies;
(C) the need for long-term water treatment;
(D) reclamation failure;
(E) the discovery of significant scientific, cultural, or
biological resources that were not addressed in the original
plan; or
(F) the discovery of hazards to public safety.
(g) Temporary Cessation of Operations.--(1) An operator conducting
mineral activities under an operations permit in effect under this
title may not cease mineral activities for a period of 180 days or more
under an operations permit unless the Secretary concerned has approved
such temporary cessation or unless the temporary cessation is permitted
under the original permit. Any operator temporarily ceasing mineral
activities for a period of 180 days or more under an existing
operations permit shall submit, before the expiration of such 180-day
period, a complete application for temporary cessation of operations to
the Secretary concerned for approval unless the temporary cessation is
permitted under the original permit.
(2) An application for approval of temporary cessation of
operations shall include such information required under subsection (b)
and any other provisions prescribed by the Secretary concerned to
minimize impacts on the environment. After receipt of a complete
application for temporary cessation of operations such Secretary shall
conduct an inspection of the area for which temporary cessation of
operations has been requested.
(3) To approve an application for temporary cessation of
operations, the Secretary concerned shall make each of the following
determinations:
(A) A determination that the methods for securing surface
facilities and restricting access to the permit area, or
relevant portions thereof, will effectively ensure against
hazards to the health and safety of the public and fish and
wildlife.
(B) A determination that reclamation is in compliance with
the approved reclamation plan, except in those areas
specifically designated in the application for temporary
cessation of operations for which a delay in meeting such
standards is necessary to facilitate the resumption of
operations.
(C) A determination that the amount of financial assurance
filed with the permit application is sufficient to assure
completion of the reclamation activities identified in the
approved reclamation plan in the event of forfeiture.
(D) A determination that any outstanding notices of
violation and cessation orders incurred in connection with the
plan for which temporary cessation is being requested are
either stayed pursuant to an administrative or judicial appeal
proceeding or are in the process of being abated to the
satisfaction of the Secretary concerned.
(h) Permit Reviews.--The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall review each permit issued
under this section every 3 years during the term of such permit, shall
provide public notice of the permit review, and, based upon a written
finding, such Secretary shall require the operator to take such actions
as the Secretary deems necessary to assure that mineral activities
conform to the permit, including adjustment of financial assurance
requirements.
(i) Fees.--Each application for a permit pursuant to this section
shall be accompanied by a fee payable to the Secretary or for the
National Forest System, the Secretary of Agriculture, in such amount as
may be established by such Secretary, or for National Forest System
lands by the Secretary of Agriculture. Such amount shall be equal to
the actual or anticipated cost to the Secretary, or for National Forest
System lands the Secretary of Agriculture, of reviewing, administering,
and enforcing such permit, as determined by such Secretary. All moneys
received under this subsection shall be deposited in the Abandoned
Locatable Minerals Mine Reclamation Fund established under title III.
(j) Transfer, Assignment, or Sale of Rights.--(1) No transfer,
assignment, or sale of rights granted by a permit under this section
shall be made without the prior written approval of the Secretary, or
for National Forest System lands the Secretary of Agriculture.
(2) The Secretary, or for National Forest System lands, the
Secretary of Agriculture, may allow a person holding a permit to
transfer, assign, or sell rights under the permit to a successor, if
such Secretary finds, in writing, that the successor--
(A) is eligible to receive a permit in accordance with
section 204;
(B) has submitted evidence of financial assurance
satisfactory under section 205; and
(C) meets any other requirements specified by such
Secretary.
(3) The successor in interest shall assume the liability and
reclamation responsibilities established by the existing permit and
shall conduct the mineral activities in full compliance with this Act,
and the terms and conditions of the permit as in effect at the time of
transfer, assignment, or sale.
(4) Each application for approval of a permit transfer, assignment,
or sale pursuant to this subsection shall be accompanied by a fee
payable to the Secretary of the Interior, or for National Forest System
lands, the Secretary of Agriculture, in such amount as may be
established by such Secretary, or for National Forest System lands, by
the Secretary of Agriculture. Such amount shall be equal to the actual
or anticipated cost to the Secretary or, for National Forest System
lands, to the Secretary of Agriculture, of reviewing and approving or
disapproving such transfer, assignment, or sale, as determined by such
Secretary. All moneys received under this subsection shall be deposited
in the Abandoned Locatable Minerals Mine Reclamation Fund established
under title III.
(k) Public Participation.--(1) Concurrent with submittal of an
application for a permit under this section or a renewal or significant
modification thereof, the applicant shall publish a notice in a
newspaper of local circulation at least once a week for 4 consecutive
weeks and in the Federal Register. The notice shall include: the name
of the applicant, the location of the proposed mineral activities, the
type and expected duration of the proposed mineral activities, the
proposed use of the land after the completion of mineral activities and
a location where such plans are publicly available. The applicant shall
also notify in writing other Federal, State, and local government
agencies and Indian tribes that regulate mineral activities or land
planning decisions in the area subject to mineral activities or that
manage lands adjacent to the area subject to mineral activities. The
applicant shall provide proof of such notification to the Secretary, or
for National Forest System lands, the Secretary of Agriculture.
(2) The applicant for a permit under this section shall make paper
and digital copies of the complete permit application, permit
modifications, or permit renewals available for public review at the
office of the responsible Federal surface management agency located
nearest to the location of the proposed mineral activities, and at such
other public locations deemed appropriate by the State or local
government for the county in which the proposed mineral activities will
occur prior to final decision by the Secretary, or for National Forest
System lands, the Secretary of Agriculture. Any person, and the
authorized representative of a Federal, State, or local governmental
agency or Indian tribe, shall have the right to file written comments
relating to the approval or disapproval of the permit application until
30 days after the last day of newspaper publication. The Secretary
concerned shall promptly make such comments available to the applicant.
(3) Any person may file written comments during the comment period
specified in paragraph (2) and any person who is, or may be, adversely
affected by the proposed mineral activities may request a
nonadjudicatory public hearing to be held in the county in which the
mineral activities are proposed. The Secretary concerned shall consider
all written comments filed during such period. If a hearing is
requested by any person who is, or may be, adversely affected by the
proposed mineral activities, the Secretary concerned shall consider
such request and may conduct such hearing. When a hearing is to be
held, notice of such hearing shall be published in a newspaper of local
circulation at least once a week for 2 weeks prior to the hearing date.
(4) The public participation requirements in this section shall
apply to permit modifications that are considered more than minor under
subsection (f).

SEC. 204. PERSONS INELIGIBLE FOR PERMITS.

(a) Current Violations.--Unless corrective action has been taken in
accordance with subsection (c), no permit under this title shall be
issued or transferred to an applicant if the applicant or any agent of
the applicant, the operator (if different than the applicant) of the
claim concerned, any claim holder (if different than the applicant) of
the claim concerned, or any affiliate or officer or director of the
applicant is currently in violation of any of the following:
(1) A provision of this Act or any regulation under this
Act.
(2) An applicable toxic substance, solid waste, air, water
quality, or fish and wildlife conservation law or regulation at
any site where mining, beneficiation, or processing activities
are occurring or have occurred.
(3) The Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 and following) or any regulation implementing
that Act at any site where surface coal mining operations have
occurred or are occurring.
(b) Suspension.--The Secretary, or for National Forest System lands
the Secretary of Agriculture, shall suspend an operations permit, in
whole or in part, if such Secretary determines that any of the entities
described in subsection (a) were in violation of any requirement listed
in subsection (a) at the time the permit was issued.
(c) Correction.--(1) The Secretary, or for National Forest System
lands the Secretary of Agriculture, may issue or reinstate a permit
under this title if the applicant submits proof that the violation
referred to in subsection (a) or (b) has been corrected or is in the
process of being corrected to the satisfaction of such Secretary or if
the applicant submits proof that the violator has filed and is
presently pursuing, a direct administrative or judicial appeal to
contest the existence of the violation. For purposes of this section,
an appeal of any applicant's relationship to an affiliate shall not
constitute a direct administrative or judicial appeal to contest the
existence of the violation.
(2) Any permit which is issued or reinstated based upon proof
submitted under this subsection shall be conditionally approved or
conditionally reinstated, as the case may be. If the violation is not
successfully abated or the violation is upheld on appeal, the permit
shall be suspended or revoked.
(d) Pattern of Willful Violations.--No permit under this Act may be
issued to any applicant if there is a demonstrated pattern of willful
violations of the surface management requirements of this Act by the
applicant, any affiliate of the applicant, or the operator or claim
holder if different than the applicant, and such violations are of such
nature and duration, and with such resulting irreparable damage to the
environment, as to clearly indicate an intent not to comply with the
surface management requirements and other applicable statutes.

SEC. 205. FINANCIAL ASSURANCE.

(a) Financial Assurance Required.--(1) Before any permit is issued
under this title, the operator shall file with the Secretary, or for
National Forest System lands the Secretary of Agriculture, evidence of
financial assurance payable to the United States on a form prescribed
and furnished by such Secretary and conditional upon faithful
performance of such permit and all other requirements of this Act. The
financial assurance shall be provided in the form of a surety bond,
trust fund, letters of credits, government securities, certificates of
deposit, cash or equivalent.
(2) The financial assurance shall cover all lands within the
initial permit area, and shall be extended to cover all lands added
pursuant to any permit modification made under section 203(f) (relating
to operations permits), or affected by mineral activities.
(b) Amount.--The amount of the financial assurance required under
this section shall be sufficient to assure the completion of
reclamation satisfying the requirements of this Act if the work were to
be performed by the Secretary concerned in the event of forfeiture,
including the construction and maintenance costs for any treatment
facilities necessary to meet Federal and State environmental
requirements. The calculation of such amount shall take into account
the maximum level of financial exposure which shall arise during the
mineral activity and administrative costs associated with a government
agency reclaiming the site.
(c) Duration.--The financial assurance required under this section
shall be held for the duration of the mineral activities and for an
additional period to cover the operator's responsibility for
revegetation as specified under section 206(b)(6)(B), and effluent
treatment as specified in subsection (g).
(d) Adjustments.--The amount of the financial assurance and the
terms of the acceptance of the assurance may be adjusted by the
Secretary concerned from time to time as the area requiring coverage is
increased or decreased, or where the costs of reclamation or treatment
change, or pursuant to section 203(h) (relating to operations permits),
but the financial assurance shall otherwise be in compliance with this
section. The Secretary concerned shall review the financial guarantee
as part of the permit review under section 203(h).
(e) Release.--Upon request, and after notice and opportunity for
public comment, and after inspection by the Secretary, or for National
Forest System lands, the Secretary of Agriculture, such Secretary may,
after consultation with the Administrator of the Environmental
Protection Agency, release in whole or in part the financial assurance
required under this section if the Secretary makes both of the
following determinations:
(1) A determination that reclamation covered by the
financial assurance has been accomplished as required by this
Act.
(2) A determination that the terms and conditions of any
other applicable Federal requirements, and State requirements
applicable pursuant to cooperative agreements under section
207, have been fulfilled.
(f) Release Schedule.--The release referred to in subsection (e)
shall be according to the following schedule:
(1) After the operator has completed any required
backfilling, regrading, and drainage control of an area subject
to mineral activities and covered by the financial assurance,
and has commenced revegetation on the regraded areas subject to
mineral activities in accordance with the approved plan, that
portion of the total financial assurance secured for the area
subject to mineral activities attributable to the completed
activities may be released.
(2) After the operator has completed successfully all
remaining mineral activities and reclamation activities and all
requirements of the operations plan and the reclamation plan
(including the provisions of section 206(b)(6)(B) relating to
revegetation and effluent treatment required by subsection (g)), and
all other requirements of this Act have in fact been fully met, the
remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as
specified in paragraph (1), until the remaining portion of the
financial assurance is released as provided in paragraph (2), the
operator shall be required to comply with the permit issued under this
title.
(g) Effluent.--Notwithstanding section 206(b)(4), where any
discharge resulting from the mineral activities requires treatment in
order to meet the applicable effluent limitations and water quality
standards, the financial assurance shall include the estimated cost of
maintaining such treatment for the projected period that will be needed
after the cessation of mineral activities. The portion of the financial
assurance attributable to such estimated cost of treatment shall not be
released until the discharge has ceased for a period of 5 years, or, if
the discharge continues, until the operator has met all applicable
effluent limitations and water quality standards for 5 full years
without treatment.
(h) Environmental Hazards.--If the Secretary, or for National
Forest System lands, the Secretary of Agriculture, determines, after
final release of financial assurance, that an environmental hazard
resulting from the mineral activities exists, or the terms and
conditions of the operations permit of this Act were not fulfilled in
fact at the time of release, such Secretary shall issue an order under
section 406 requiring the claim holder or operator (or any person who
controls the claim holder or operator) to correct the condition such
that applicable laws and regulations and any conditions from the plan
of operations are met.

SEC. 206. OPERATION AND RECLAMATION.

(a) General Rule.--(1) Except as provided under paragraphs (5) and
(7) of subsection (b), the operator shall restore lands subject to
mineral activities carried out under a permit issued under this title
to a condition capable of supporting--
(A) the uses which such lands were capable of supporting
prior to surface disturbance by the operator, or
(B) other beneficial uses which conform to applicable land
use plans as determined by the Secretary, or for National
Forest System lands, the Secretary of Agriculture.
(2) Reclamation shall proceed as contemporaneously as practicable
with the conduct of mineral activities.
(b) Operation and Reclamation Standards.--Mineral activities shall
be conducted in accordance with the following standards, as well as any
additional standards the Secretaries may jointly promulgate under
section 201 and subsection (a) of this section to address specific
environmental impacts of selected methods of mining:
(1) Soils.--
(A) Soils, including top soils and subsoils removed
from lands subject to mineral activities, shall be
segregated from waste material and protected to
minimize erosion and sustain revegetation when
reclamation begins. If such soil is not replaced on a
backfill area within a time-frame short enough to avoid
deterioration of the topsoil, vegetative cover or other
means shall be used so that the soil is preserved from
wind and water erosion, remains free of contamination
by acid or other toxic material, and is in a usable
condition for sustaining vegetation when restored
during reclamation.
(B) In the event the topsoil from lands subject to
mineral activities is of insufficient quantity or of
inferior quality for sustaining vegetation, and other
suitable growth media removed from the lands subject to
the mineral activities are available that shall support
vegetation, the best available growth medium shall be
removed, segregated and preserved in a like manner as
under subparagraph (A) for sustaining vegetation when
restored during reclamation.
(C) In the event the soil (other than topsoil) from
lands subject to mineral activities is of insufficient
quantity or of inferior quality for sustaining
vegetation, and other suitable growth media removed
from the lands subject to the mineral activities are
available that support revegetation, these substitute
materials shall be removed, segregated, or preserved in
a like manner as under subparagraph (A) for later use
in reclamation.
(D) Mineral activities shall be conducted to
prevent contamination of soils to the extent possible
using the best technology currently available. If
contamination occurs, the operator shall decontaminate
or dispose of any contaminated soils which have
resulted from the mineral activities.
(2) Stabilization.--All surface areas subject to mineral
activities, including segregated soils or other growth medium,
waste material piles, ore piles, subgrade ore piles, and open or
partially backfilled mine pits that meet the requirements of paragraph
(5), shall be engineered to a stable condition to effectively control
fugitive dust and erosion and otherwise comply with toxic substance,
solid waste, air and water pollution control laws and other
environmental laws.
(3) Sediments, erosion, and drainage.--Facilities such as,
but not limited to basins, ditches, stream bank stabilization,
diversions or other measures, shall be designed, constructed
and maintained where necessary to control sediments, erosion,
and drainage of the area subject to mineral activities.
(4) Hydrologic balance.--(A) Mineral activities shall be
conducted to minimize disturbances to the prevailing hydrologic
balance of the permit area and surrounding hydrologic basins
affected by mining activities existing prior to the mineral
activities in the permit area and in the surrounding watershed,
as established by the baseline information provided pursuant to
section 203(b)(10) (relating to operations permits). Hydrologic
balance includes the quality and quantity of ground water and
surface water and their interrelationships, including recharge
and discharge rates. In all cases, the operator shall comply
with Federal and State laws related to the quality and quantity
of such waters.
(B) Mineral activities shall be conducted to prevent where
possible the formation of acidic, toxic, or other contaminated
water. Where the formation of acidic, toxic, or other
contaminated water occurs, standard mineral activities shall be
conducted so as to minimize the formation of acidic, toxic, or
other contaminated water.
(C) Mineral activities shall prevent any damage off-site
from contamination of surface and ground water with acid or
other toxic mine pollutants and shall prevent or remove water
from contact with acid or toxic producing deposits.
(D) Reclamation shall restore approximate hydrologic
balance existing prior to the mineral activities before the
applicable water quality permit issued under State or Federal
law expires or is subject to renewal.
(E) Where the quality of surface water or ground water used
for domestic, municipal, agricultural, or industrial purposes
is adversely impacted by mineral activities, such water shall
be treated, or replaced with the same quantity and approximate
quality of water, comparable to premining conditions as
established in paragraph (10) of section 203(b) (relating to
operations permits).
(5) Surface restoration.--(A) The surface area disturbed by
mineral activities shall be shaped, graded, and contoured to
its natural topography. Backfilling of an open pit mine shall
be required only if the Secretary, or for National Forest
System lands the Secretary of Agriculture, finds that such open
pit or partially backfilled, graded, or contoured pit would
pose a significant threat to the public health, safety, or have
a significant adverse effect on the environment in terms of
surface water or groundwater pollution.
(B) In instances where complete backfilling of an open pit
is not required, the pit shall be graded to blend with the
surrounding topography as much as practicable to minimize
disturbance to the hydrologic balance, and revegetated in
accordance with paragraph (6), and the water quality in the pit
and other water impoundments and wells adjacent or
hydrologically connected by groundwater shall comply with
applicable Federal, State, and, where appropriate, local
government water quality standards.
(6) Vegetation.--(A) The area subject to mineral activities
shall be vegetated in order to establish a diverse, effective,
and permanent vegetative cover of the same seasonal variety
native to the area subject to mineral activities, capable of
self-regeneration and plant succession and at least equal in
extent of cover to the natural revegetation of the surrounding
area, except that introduced species may be used at the
discretion of the Secretary, or for National Forest System
lands the Secretary of Agriculture, in consultation with the
Director of the United States Fish and Wildlife Service, if
such introduction of such species is necessary as an interim
step in, and is part of a program to restore a native plant
community. In such instances where the complete backfill of an
open mine pit is not required under paragraph (5), such
Secretary shall prescribe such vegetation requirements as
conform to the applicable land use plan.
(B) In order to ensure compliance with subparagraph (A),
the period for determining successful revegetation shall be for
a period of 5 full years after the last year of augmented
seeding, fertilizing, irrigation, or other work, except that
such period shall be 10 full years where the annual average
precipitation is 26 inches or less. The period may be for a
longer time at the discretion of the Secretary concerned where
the average precipitation is 26 inches or less.
(7) Excess waste.--(A) Waste material in excess of that
required to comply with paragraph (5) shall be transported and
placed in approved areas, in a controlled manner in such a way
so as to assure long-term mass stability, to prevent mass
movement, and to facilitate reclamation. In addition to the
measures described under paragraph (3), internal drainage
systems shall be employed, as may be required, to control
erosion and drainage. The design of such excess waste material
piles shall be certified by a qualified professional engineer.
(B) Excess waste material piles shall be graded and
contoured to blend with the surrounding topography as much as
practicable and revegetated in accordance with paragraph (6).
(8) Sealing.--All drill holes, and openings on the surface
associated with underground mineral activities, shall be
backfilled, sealed, or otherwise controlled when no longer
needed for the conduct of mineral activities to ensure
protection of the public and the environment, protection of
groundwater, and management of fish and wildlife and livestock.
(9) Structures.--All buildings, structures, or equipment
constructed, used, or improved during mineral activities shall
be removed, unless the Secretary concerned, in consultation
with the affected land managing agency, determines that use of
the buildings, structures, or equipment would be consistent
with subsection (a) or for environmental monitoring and the
Secretary concerned takes ownership of such structures.
(10) Cultural, paleontological, and cave resources.--The
operator shall not knowingly disturb, alter, injure, or destroy
any scientifically important paleontologic remains or any
historic, archeologic, or cave-related sites, structure,
building, resource or object without including in the plan of
operations a proposed action to preserve the resource that is
approved by the Secretary prior to the disturbance taking
place.
(11) Roads and structures.--All buildings, structures,
roads, and equipment constructed, used, or improved during
mineral activities shall be designed, constructed, and
maintained to minimize erosion, siltation, and air pollution
and then removed after mining, unless the Secretary concerned
in consultation with the affected land managing agency,
determines that use of the buildings, structures, roads, or
equipment would be consistent with subsection (a) or for
environmental monitoring, and the Secretary concerned takes
ownership of such structures, buildings, or equipment, or
roads.
(12) Drill holes.--(A) Drilling fluids shall not be allowed
to flow off the site.
(B) All drill holes shall be drilled, operated, and plugged
to prevent mixing of water from aquifers, impacts to beneficial
uses, and downward or upward water loss.
(13) Leaching operations and impoundments.--Leach pads,
tailing impoundments, waste rock and overburden, ponds, and
solution holding facilities shall be designed, constructed, and
operated according to standard engineering practices to achieve
and maintain the stability of the site and facilitate
reclamation. These facilities shall be constructed with a low-
permeability liner or containment system that will detect
leaks, and prevent the release of solutions to the environment.
All leaching facilities and impoundments shall withstand a
local 24-hour, 100-year storm event in addition to the solution
expected for the facility.
(14) Fire prevention and control.--All applicable Federal
and State fire laws and regulations shall be complied with,
including taking all reasonable measures to prevent and
suppress fire in the project area.
(15) Temporary cessation.--During temporary cessation of
operations, the operator shall maintain the site, and take
measures to stabilize the excavation and workings, control
toxic or deleterious materials, and monitor site conditions.
(c) Special Rule.--A modified reclamation plan shall not be
required for mineral activities related to reclamation where a mining
claim is forfeited, relinquished, or lapsed, or a plan is revoked or
suspended or has expired in any such case. Reclamation activities shall
continue only as approved by the Secretary, or for National Forest
System lands the Secretary of Agriculture, pursuant to the previously
approved reclamation plan.
(d) Definitions.--As used in this section:
(1) The term ``waste material'' means the material
resulting from mineral activities involving extraction,
beneficiation, and processing, including but not limited to
tailings, and such material resulting from mineral activities
involving processing, to the extent such material is not
subject to subtitle C of the Solid Waste Disposal Act (42
U.S.C. 3251 and following) or the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 and following).
(2) The term ``ore piles'' means ore stockpiled for
beneficiation prior to the completion of mineral activities.
(3) The term ``subgrade ore'' means ore that is too low in
grade to be processed at the time of extraction but which could
reasonably be processed in the foreseeable future.
(4) The term ``soil'' means the earthy or sandy layer,
ranging in thickness from a few inches to several feet,
composed of finely divided rock debris, of whatever origin,
mixed with decomposing vegetal and animal matter, which forms
the surface of the ground and in which plants grow or may grow.

SEC. 207. STATE LAW AND REGULATION.

(a) State Law.--(1) Any reclamation standard or requirement in
State law or regulation that meets or exceeds the requirements of
section 206 shall not be construed to be inconsistent with any such
standard.
(2) Any bonding standard or requirement in State law or regulation
that meets or exceeds the requirements of section 205 shall not be
construed to be inconsistent with such requirements.
(3) Any inspection standard or requirement in State law or
regulation that meets or exceeds the requirements of section 403 shall
not be construed to be inconsistent with such requirements.
(b) Applicability of Other State Requirements.--(1) Nothing in this
Act shall be construed as affecting any toxic substance, solid waste,
or air or water quality, standard or requirement of any State, county,
local, or tribal law or regulation, which may be applicable to mineral
activities on lands subject to this Act.
(2) Nothing in this Act shall be construed as affecting in any way
the right of any person to enforce or protect, under applicable law,
such person's interest in water resources affected by mineral
activities on lands subject to this Act.
(c) Cooperative Agreements.--(1) Any State may enter into a
cooperative agreement with the Secretary, or for National Forest System
lands the Secretary of Agriculture, for the purposes of such Secretary
applying such standards and requirements referred to in subsection (a)
and subsection (b) to mineral activities or reclamation on lands
subject to this Act.
(2) In such instances where the proposed mineral activities would
affect lands not subject to this Act in addition to lands subject to
this Act, in order to approve a plan of operations the Secretary
concerned shall enter into a cooperative agreement with the State that
sets forth a common regulatory framework consistent with the surface
management requirements of this Act for the purposes of such plan of
operations.
(3) The Secretary concerned shall not enter into a cooperative
agreement with any State under this section until after notice in the
Federal Register and opportunity for public comment.
(d) Prior Agreements.--Any cooperative agreement or such other
understanding between the Secretary concerned and any State, or
political subdivision thereof, relating to the surface management of
mineral activities on lands subject to this Act that was in existence
on the date of enactment of this Act may only continue in force until
one year after the date of enactment of this Act. During such one-year
period, the State and the Secretary shall review the terms of the
agreement and make changes that are necessary to be consistent with
this Act.
(e) Delegation.--The Secretary, or for National Forest System lands
the Secretary of Agriculture, shall not delegate to any State, or
political subdivision thereof, the Secretary's authorities, duties, and
obligations under this Act, including with respect to any cooperative
agreements entered into under this section.
(f) Preemption.--Subject to section 414(b), the requirements of
this Act shall preempt any conflicting requirements of any State, or
political subdivision thereof relating to mineral activities for
locatable minerals.

SEC. 208. UNSUITABILITY REVIEW.

(a) Authority.--(1) As provided for in this section, the Secretary
of the Interior, in carrying out that Secretary's responsibilities
under the Federal Land Policy and Management Act of 1976, and the
Secretary of Agriculture, in carrying out that Secretary's
responsibilities under the Forest and Rangeland Renewable Resources
Planning Act of 1974, shall each review lands that are subject to this
Act in order to determine, in accordance with the provisions of
subsection (b), whether there are any areas on such lands that are
either unsuitable for all types of mineral activities or conditionally
suitable for certain types of mineral activities.
(2) Any determination made in accordance with subsection (b) shall
be immediately effective. Such determination shall be incorporated into
the applicable land use plan when such plan is adopted, revised, or
significantly amended pursuant to provisions of law other than this
Act.
(3) In any instance where a determination is made in accordance
with subsection (b) that an area is conditionally suitable for all or
certain mineral activities, the Secretary concerned shall take
appropriate steps to notify the public that any operations permit
application relevant to that area shall be conditioned accordingly.
(b) Special Characteristics.--(1) The Secretary, or for National
Forest System lands the Secretary of Agriculture, shall determine that
an area open to location is unsuitable for all or certain mineral
activities if such Secretary finds that such activities would result in
significant, permanent, and irreparable damage to special
characteristics as described in paragraph (3) that cannot be prevented
by the imposition of conditions in the operations permit required under
section 203(b).
(2) The Secretary, or for National Forest System lands, the
Secretary of Agriculture, may determine, after notice and opportunity
for public comment, that an area is conditionally suitable for all or
certain types of mineral activities, if the Secretary concerned
determines that any of the special characteristics of such area, as
listed in paragraph (3), require protection from the effects of mineral
activities.
(3) Any of the following shall be considered special
characteristics of an area which contains lands or interests in lands
open to location under this Act:
(A) The existence of significant water resources or
supplies in or associated with such area, such as aquifers and
aquifer recharge areas.
(B) The presence in such area of publicly owned places
which are listed on or are determined eligible for listing on
the National Register of Historic Places.
(C) The designation of all or any portion of such area or
any adjacent area as a National Conservation System unit.
(D) The designation of all or any portion of such area or
any adjacent area as critical habitat for threatened or
endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 and following).
(E) The designation of all or any portion of such area as
Class I under section 162 of the Clean Air Act (42 U.S.C.
7401).
(F) The presence of such other resource values as the
Secretary, or for National Forest System lands, the Secretary
of Agriculture, may, by joint rule, specify based upon field
testing that verifies such criteria.
(G) Areas that are designated as or adjacent to Research
Natural Areas.
(H) Lands containing Native American ``sacred sites'' as
defined in Executive Order 13007, and other cultural and
religious values.
(c) Effect of Determination.--(1) In any instance in which a
determination of unsuitability is made for any area in accordance with
subsection (b)(1), all mineral activities shall be prohibited in such
area, and the Secretary shall (with the consent of the Secretary of
Agriculture for National Forest System lands) withdraw such area
pursuant to section 204 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1714). The Secretary's determination under this
section shall constitute the documentation required to be provided
under section 204(c)(12) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1714).
(2) In any instance where the Secretary, or for National Forest
System lands, the Secretary of Agriculture, determines in accordance
with subsection (b)(2) that, by reason of any of the special
characteristics listed in subsection (b)(3), an area is conditionally
suitable for all or certain mineral activities, the Secretary concerned
shall include such additional conditions in each permit for mineral
activities in such area as necessary to limit or control mineral
activities to the extent necessary to protect the special
characteristics concerned.
(3) Nothing in this section shall be construed as affecting lands
where mineral activities were being conducted on the date of enactment
of this Act under approved plans of operations or under notice (as
provided for in the regulations of the Secretary of the Interior in
effect prior to the date of enactment of this Act relating to
operations that cause a cumulative disturbance of 5 acres or less).
(4) Nothing in this section shall be construed as prohibiting
mineral activities at a specific site, where substantial legal and
financial commitments in such mineral activities were in existence on
the date of enactment of this Act, but nothing in this section shall be
construed as prohibiting either Secretary from regulating such
activities in accordance with other authority of law. As used in this
paragraph, the term ``substantial legal and financial commitments''
means, with respect to a specific site, significant investments,
expenditures, or undertakings that have been made to explore or develop
any mining claim and or millsite located at such site under the general
mining laws, such as but not limited to: contracts for minerals
produced; construction; contracts for the construction; or commitment
to raise capital for the construction of processing, beneficiation,
extraction, or refining facilities, or transportation or utility
infrastructure; exploration activities conducted to delineate proven or
probable ore reserves; acquisition of mining claims (but only if such
acquisition is part of other significant investments specified in this
paragraph); and such other costs or expenditures related to mineral
activities at such site as are similar to the foregoing itemized costs
or expenditures and as may be specified by the Secretaries by joint
rule.
(d) Withdrawal Review.--(1) In carrying out the responsibilities
referred to in subsection (a), the Secretary or, for National Forest
System lands, the Secretary of Agriculture, shall review all
administrative withdrawals of land under such Secretary's jurisdiction
(other than wilderness study areas) to determine whether the revocation
or modification of such withdrawal for the purpose of allowing such
lands to be opened to the location of mining claims under this Act is
appropriate as a result of either of the following:
(A) The imposition of any conditions imposed as part of the
land use planning process or the imposition of any conditions
as a result of the review process under subsection (a).
(B) The limitation of section 111 (relating to limitation
on patent issuance).
(2) The Secretary concerned shall publish the review referred to in
paragraph (1) in the Federal Register no later than 1 year after the
date of enactment of this Act. After providing notice and opportunity
for comment, the Secretary may issue a revocation or modification of
such administrative withdrawals as he deems appropriate by reason of
the criteria listed in subparagraph (A) or (B) of paragraph (1).

SEC. 209. CERTAIN MINERAL ACTIVITIES COVERED BY OTHER LAW.

This title shall not apply to any mineral activities that are
subject to the Stockraising Homestead Acts (43 U.S.C. 218 and
following).

TITLE III--ABANDONED LOCATABLE MINERALS MINE RECLAMATION FUND

SEC. 301. ABANDONED LOCATABLE MINERALS MINE RECLAMATION.

(a) Establishment.--(1) There is established on the books of the
Treasury of the United States a trust fund to be known as the Abandoned
Locatable Minerals Mine Reclamation Fund (hereinafter in this title
referred to as the ``Fund''). The Fund shall be administered by the
Secretary acting through the Director of the Office of Surface Mining
Reclamation and Enforcement.
(2) The Secretary shall notify the Secretary of the Treasury as to
what portion of the Fund is not, in the Secretary's judgment, required
to meet current withdrawals. The Secretary of the Treasury shall invest
such portion of the Fund in public debt securities with maturities
suitable for the needs of such Fund and bearing interest at rates
determined by the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketplace obligations of the
United States of comparable maturities. The income on such investments
shall be credited to, and form a part of, the Fund.
(b) Amounts.--The following amounts shall be credited to the Fund:
(1) All moneys received from the collection of claim
maintenance fees under section 103.
(2) All moneys collected pursuant to section 110 (relating
to failure to comply), section 406 (relating to enforcement)
and section 404 (relating to citizens suits).
(3) All permit fees and transfer fees received under
section 203.
(4) All donations by persons, corporations, associations,
and foundations for the purposes of this title.
(5) All amounts referred to in section 112 (relating to
royalties and penalties for underreporting).
(6) All other receipts from fees, royalties, penalties and
other sources collected under this Act.
(7) All moneys received pursuant to section 111 from
issuance of patents.
(c) Administrative Costs.--(1) In calculating the amount to be
deposited in the Fund during any fiscal year under subsection (b), the
enacted appropriation of the Department of the Interior during the
preceding year attributable to administering this Act shall be deducted
from the total of the amounts listed in subsection (b) prior to the
transfer of such amounts to the Fund.
(2) The amount deducted under paragraph (1) of this section shall
be available to the Secretary, subject to appropriation, for payment of
the costs of administering this Act.

SEC. 302. USE AND OBJECTIVES OF THE FUND.

(a) In General.--The Secretary is authorized, subject to
appropriations, to use moneys in the Fund for the reclamation and
restoration of land and water resources adversely affected by past
mineral activities on lands the legal and beneficial title to which
resides in the United States, land within the exterior boundary of any
national forest system unit, or other lands described in subsection (d)
or section 303, including any of the following:
(1) Preventing, abating, treating, and controlling water
pollution created by abandoned mine drainage.
(2) Reclaiming and restoring abandoned surface and
underground mined areas.
(3) Reclaiming and restoring abandoned milling and
processing areas.
(4) Backfilling, sealing, or otherwise controlling,
abandoned underground mine entries.
(5) Revegetating land adversely affected by past mineral
activities in order to prevent erosion and sedimentation, to
enhance wildlife habitat, and for any other reclamation
purpose.
(6) Controlling of surface subsidence due to abandoned
underground mines.
(b) Priorities.--Expenditures of moneys from the Fund shall reflect
the following priorities in the order stated:
(1) The protection of public health, safety, general
welfare, and property from extreme danger from the adverse
effects of past mineral activities, especially as relates to
surface water and groundwater contaminants.
(2) The protection of public health, safety, and general
welfare from the adverse effects of past mineral activities.
(3) The restoration of land, water, and fish and wildlife
resources previously degraded by the adverse effects of past
mineral activities.
(c) Habitat.--Reclamation and restoration activities under this
title, particularly those identified under subsection (a)(4), shall
include appropriate mitigation measures to provide for the continuation
of any established habitat for wildlife in existence prior to the
commencement of such activities.
(d) Other Affected Lands.--Where mineral exploration, mining,
beneficiation, processing, or reclamation activities have been carried
out with respect to any mineral which would be a locatable mineral if
the legal and beneficial title to the mineral were in the United
States, if such activities directly affect lands managed by the Bureau
of Land Management as well as other lands and if the legal and
beneficial title to more than 50 percent of the affected lands resides
in the United States, the Secretary is authorized, subject to
appropriations, to use moneys in the Fund for reclamation and
restoration under subsection (a) for all directly affected lands.
(e) Response or Removal Actions.--Reclamation and restoration
activities under this title which constitute a removal or remedial
action under section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601), shall be
conducted with the concurrence of the Administrator of the
Environmental Protection Agency. The Secretary and the Administrator
shall enter into a Memorandum of Understanding to establish procedures
for consultation, concurrence, training, exchange of technical
expertise and joint activities under the appropriate circumstances,
which provide assurances that reclamation or restoration activities
under this title, to the extent practicable, shall not be conducted in
a manner that increases the costs or likelihood of removal or remedial
actions under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 and following), and which
avoid oversight by multiple agencies to the maximum extent practicable.

SEC. 303. ELIGIBLE LANDS AND WATERS.

(a) Eligibility.--Reclamation expenditures under this title may
only be made with respect to Federal lands or Indian lands or water
resources that traverse or are contiguous to Federal lands or Indian
lands where such lands or water resources have been affected by past
mineral activities, including any of the following:
(1) Lands and water resources which were used for, or
affected by, mineral activities and abandoned or left in an
inadequate reclamation status before the effective date of this
Act.
(2) Lands for which the Secretary makes a determination
that there is no continuing reclamation responsibility of a
claim holder, operator, or other person who abandoned the site
prior to completion of required reclamation under State or
other Federal laws.
(3) Lands for which it can be established that such lands
do not contain locatable minerals which could economically be
extracted through the reprocessing or remining of such lands,
unless such considerations are in conflict with the priorities
set forth under paragraphs (1) and (2) of section 302(b).
(b) Specific Sites and Areas Not Eligible.--The provisions of
section 411(d) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1240a(d)) shall apply to expenditures made from the
Fund established under this title.
(c) Inventory.--The Secretary shall prepare and maintain an
inventory of abandoned locatable minerals mines on Federal lands and
any abandoned mine on Indian lands which may be eligible for
expenditures under this title.

SEC. 304. FUND EXPENDITURES.

Moneys available from the Fund may be expended for the purposes
specified in section 302 directly by the Director of the Office of
Surface Mining Reclamation and Enforcement. The Director may also make
such money available for such purposes to the Director of the Bureau of
Land Management, the Chief of the United States Forest Service, the
Director of the National Park Service, or Director of the United States
Fish and Wildlife Service, to any other agency of the United States, to
an Indian tribe, or to any public entity that volunteers to develop and
implement, and that has the ability to carry out, all or a significant
portion of a reclamation program under this title.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

Amounts credited to the Fund are authorized to be appropriated for
the purpose of this title without fiscal year limitation.

TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Subtitle A--Administrative Provisions

SEC. 401. POLICY FUNCTIONS.

(a) Minerals Policy.--Section 2 of the Mining and Minerals Policy
Act of 1970 (30 U.S.C. 21a) is amended by adding at the end thereof the
following: ``It shall also be the responsibility of the Secretary of
Agriculture to carry out the policy provisions of paragraphs (1) and
(2) of this section.''.
(b) Mineral Data.--Section 5(e)(3) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1604(e)(3)) is amended by inserting before the period the following:
``, except that for National Forest System lands the Secretary of
Agriculture shall promptly initiate actions to improve the availability
and analysis of mineral data in Federal land use decisionmaking''.

SEC. 402. USER FEES.

The Secretary and the Secretary of Agriculture are each authorized
to establish and collect from persons subject to the requirements of
this Act such user fees as may be necessary to reimburse the United
States for the expenses incurred in administering such requirements.
Fees may be assessed and collected under this section only in such
manner as may reasonably be expected to result in an aggregate amount
of the fees collected during any fiscal year which does not exceed the
aggregate amount of administrative expenses referred to in this
section.

SEC. 403. INSPECTION AND MONITORING.

(a) Inspections.--(1) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall make inspections of mineral
activities so as to ensure compliance with the surface management
requirements of title II.
(2) The Secretary concerned shall establish a frequency of
inspections for mineral activities conducted under a permit issued
under title II, but in no event shall such inspection frequency be less
than one complete inspection per calendar quarter or, two per calendar
quarter in the case of a permit for which the Secretary concerned
approves an application under section 203(g) (relating to temporary
cessation of operations). After revegetation has been established in
accordance with a reclamation plan, such Secretary shall conduct
annually 2 complete inspections. Such Secretary shall have the
discretion to modify the inspection frequency for mineral activities
that are conducted on a seasonal basis. Inspections shall continue
under this subsection until final release of financial assurance.
(3)(A) Any person who has reason to believe he or she is or may be
adversely affected by mineral activities due to any violation of the
surface management requirements may request an inspection. The
Secretary, or for National Forest System lands the Secretary of
Agriculture, shall determine within 10 working days of receipt of the
request whether the request states a reason to believe that a violation
exists. If the person alleges and provides reason to believe that an
imminent threat to the environment or danger to the health or safety of
the public exists, the 10-day period shall be waived and the inspection
shall be conducted immediately. When an inspection is conducted under
this paragraph, the Secretary concerned shall notify the person
requesting the inspection, and such person shall be allowed to
accompany the Secretary concerned or the Secretary's authorized
representative during the inspection. The Secretary shall not incur any
liability for allowing such person to accompany an authorized
representative. The identity of the person supplying information to the
Secretary relating to a possible violation or imminent danger or harm
shall remain confidential with the Secretary if so requested by that
person, unless that person elects to accompany an authorized
representative on the inspection.
(B) The Secretaries shall, by joint rule, establish procedures for
the review of (i) any decision by an authorized representative not to
inspect; or (ii) any refusal by such representative to ensure that
remedial actions are taken with respect to any alleged violation. The
Secretary concerned shall furnish such persons requesting the review a
written statement of the reasons for the Secretary's final disposition
of the case.
(b) Monitoring.--(1) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall require all operators to
develop and maintain a monitoring and evaluation system which shall
identify compliance with all surface management requirements.
(2) Monitoring shall be conducted as close as technically feasible
to the mineral activity involved, and in all cases such monitoring
shall be conducted within the permit area.
(3) The point of compliance referred to in paragraph (1) shall be
as close to the mineral activity involved as is technically feasible,
but in any event shall be located to comply with applicable State and
Federal standards. In no event shall the point of compliance be outside
the permit area.
(4) The Secretary concerned may require additional monitoring be
conducted as necessary to assure compliance with the reclamation and
other environmental standards of this Act.
(5) The operator shall file reports with the Secretary, or for
National Forest System lands the Secretary of Agriculture, on a
frequency determined by the Secretary concerned, on the results of the
monitoring and evaluation process, except that if the monitoring and
evaluation show a violation of the surface management requirements
under this Act, it shall be reported immediately to the Secretary
concerned. Information received pursuant to this subsection from any
natural person shall not be used against any such natural person in any
criminal case, except a prosecution for perjury or for giving a false
statement. The Secretary shall evaluate the reports submitted pursuant
to this paragraph, and based on those reports and any necessary
inspection shall take enforcement action pursuant to this section.
(6) The Secretary, or for National Forest System lands the
Secretary of Agriculture, shall determine what information shall be
reported by the operator pursuant to paragraph (5). A failure to report
as required by the Secretary concerned shall constitute a violation of
this Act and subject the operator to enforcement action pursuant to
section 406.

SEC. 404. CITIZENS SUITS.

(a) In General.--Except as provided in subsection (b), any person
may commence a civil action on his or her own behalf to compel
compliance--
(1) against any person (including the Secretary or the
Secretary of Agriculture) alleged to have violated (if there is
evidence the alleged violation has been repeated), or to be in
violation of, any of the provisions of this Act or any
regulation promulgated pursuant to title II or any term or
condition of any permit issued under title II; or
(2) against the Secretary or the Secretary of Agriculture
where there is alleged a failure of such Secretary to perform
any act or duty under this Act, or to promulgate any regulation
under title II, which is not within the discretion of the
Secretary concerned.
The United States district courts shall have jurisdiction over actions
brought under this section, without regard to the amount in controversy
or the citizenship of the parties, including actions brought to apply
any civil penalty under this Act. The district courts of the United
States shall have jurisdiction to compel agency action unreasonably
delayed, except that an action to compel agency action reviewable under
section 405 may only be filed in a United States district court within
the circuit in which such action would be reviewable under section 405.
(b) Exceptions.--(1) No action may be commenced under subsection
(a) prior to 60 days after the plaintiff has given notice in writing of
such alleged violation to the Secretary, or for National Forest System
lands the Secretary of Agriculture, except that any such action may be
brought immediately after such notification if the violation complained
of constitutes an imminent threat to the environment or to the health
or safety of the public.
(2) No action may be brought against any person other than the
Secretary or the Secretary of Agriculture under subsection (a)(1) if
such Secretary has commenced and is diligently prosecuting a civil or
criminal action in a court of the United States to require compliance.
(3) No action may be commenced under paragraph (2) of subsection
(a) against either Secretary to review any rule promulgated by, or to
any permit issued or denied by such Secretary if such rule or permit
issuance or denial is judicially reviewable under section 405 or under
any other provision of law at any time after such promulgation,
issuance, or denial is final.
(c) Venue.--Venue of all actions brought under this section shall
be determined in accordance with section 1391 of title 28, United
States Code.
(d) Costs.--The court, in issuing any final order in any action
brought pursuant to this section may award costs of litigation
(including attorney and expert witness fees) to any party whenever the
court determines such award is appropriate. The court may, if a
temporary restraining order or preliminary injunction is sought,
require the filing of a bond or equivalent security in accordance with
the Federal Rules of Civil Procedure.
(e) Savings Clause.--Nothing in this section shall restrict any
right which any person (or class of persons) may have under chapter 7
of title 5, United States Code, under this section, or under any other
statute or common law to bring an action to seek any relief against the
Secretary or the Secretary of Agriculture or against any other person,
including any action for any violation of this Act or of any regulation
or permit issued under this Act or for any failure to act as required
by law. Nothing in this section shall affect the jurisdiction of any
court under any provision of title 28, United States Code, including
any action for any violation of this Act or of any regulation or permit
issued under this Act or for any failure to act as required by law.
Nothing in this Act shall be construed to be a waiver of the sovereign
immunity of an Indian tribe except as provided for in section 203.

SEC. 405. ADMINISTRATIVE AND JUDICIAL REVIEW.

(a) Review by Secretary.--(1)(A) Any person issued a notice of
violation or cessation order under section 406, or any person having an
interest which is or may be adversely affected by such notice or order,
may apply to the Secretary, or for National Forest System lands the
Secretary of Agriculture, for review of the notice or order within 30
days after receipt thereof, or as the case may be, within 30 days after
such notice or order is modified, vacated, or terminated.
(B) Any person who is subject to a penalty assessed under section
110 (relating to failure to comply), or section 406 may apply to the
Secretary concerned for review of the assessment within 45 days of
notification of such penalty.
(C) Any person may apply to such Secretary for review of the
decision within 30 days after it is made.
(D) Pending a review by the Secretary or resolution of an
administrative appeal, final decisions (except enforcement actions
under section 406) shall be stayed.
(2) The Secretary concerned shall provide an opportunity for a
public hearing at the request of any party to the proceeding as
specified in paragraph (1). The filing of an application for review
under this subsection shall not operate as a stay of any order or
notice issued under section 406.
(3) For any review proceeding under this subsection, the Secretary
concerned shall make findings of fact and shall issue a written
decision incorporating therein an order vacating, affirming, modifying,
or terminating the notice, order, or decision, or with respect to an
assessment, the amount of penalty that is warranted. Where the
application for review concerns a cessation order issued under section
406 the Secretary concerned shall issue the written decision within 30
days of the receipt of the application for review or within 30 days
after the conclusion of any hearing referred to in paragraph (2),
whichever is later, unless temporary relief has been granted by the
Secretary concerned under paragraph (4).
(4) Pending completion of any review proceedings under this
subsection, the applicant may file with the Secretary, or for National
Forest System lands the Secretary of Agriculture, a written request
that the Secretary grant temporary relief from any order issued under
section 406 together with a detailed statement giving reasons for such
relief. The Secretary concerned shall expeditiously issue an order or
decision granting or denying such relief. The Secretary concerned may
grant such relief under such conditions as he may prescribe only if
such relief shall not adversely affect the health or safety of the
public or cause imminent environmental harm to land, air, or water
resources.
(5) The availability of review under this subsection shall not be
construed to limit the operation of rights under section 404 (relating
to citizen suits).
(b) Judicial Review.--(1) Any final action by the Secretaries of
the Interior and Agriculture in promulgating regulations to implement
this Act, or any other final actions constituting rulemaking to
implement this Act, shall be subject to judicial review only in the
United States Court of Appeals for the District of Columbia. Any action
subject to judicial review under this subsection shall be affirmed
unless the court concludes that such action is arbitrary, capricious,
or otherwise inconsistent with law. A petition for review of any action
subject to judicial review under this subsection shall be filed within
60 days from the date of such action, or after such date if the
petition is based solely on grounds arising after the 60th day. Any
such petition may be made by any person who commented or otherwise
participated in the rulemaking or any person who may be adversely
affected by the action of the Secretaries.
(2) Final agency action under this Act, including such final action
on those matters described under subsection (a), shall be subject to
judicial review in accordance with paragraph (4) and pursuant to
section 1391 of title 28, United States Code, on or before 60 days from
the date of such final action. Any action subject to judicial review
under this subsection shall be affirmed unless the court concludes that
such action is arbitrary, capricious, or otherwise inconsistent with
law.
(3) The availability of judicial review established in this
subsection shall not be construed to limit the operations of rights
under section 404 (relating to citizens suits).
(4) The court shall hear any petition or complaint filed under this
subsection solely on the record made before the Secretary or
Secretaries concerned. The court may affirm or vacate any order or
decision or may remand the proceedings to the Secretary or Secretaries
for such further action as it may direct.
(5) The commencement of a proceeding under this section shall not,
unless specifically ordered by the court, operate as a stay of the
action, order, or decision of the Secretary or Secretaries concerned.
(c) Costs.--Whenever a proceeding occurs under subsection (a) or
(b), at the request of any person, a sum equal to the aggregate amount
of all costs and expenses (including attorney fees) as determined by
the Secretary or Secretaries concerned or the court to have been
reasonably incurred by such person for or in connection with
participation in such proceedings, including any judicial review of the
proceeding, may be assessed against either party as the court, in the
case of judicial review, or the Secretary or Secretaries concerned in
the case of administrative proceedings, deems proper if it is
determined that such party prevailed in whole or in part, achieving
some success on the merits, and that such party made a substantial
contribution to a full and fair determination of the issues.

SEC. 406. ENFORCEMENT.

(a) Orders.--(1) If the Secretary, or for National Forest System
lands the Secretary of Agriculture, or an authorized representative of
such Secretary, determines that any person is in violation of any
surface management or monitoring requirement, such Secretary or
authorized representative shall issue to such person a notice of
violation describing the violation and the corrective measures to be
taken. The Secretary concerned, or the authorized representative of
such Secretary, shall provide such person with a period of time not to
exceed 30 days to abate the violation. Such period of time may be
extended by the Secretary concerned upon a showing of good cause by
such person. If, upon the expiration of time provided for such
abatement, the Secretary concerned, or the authorized representative of
such Secretary, finds that the violation has not been abated he shall
immediately order a cessation of all mineral activities or the portion
thereof relevant to the violation.
(2) If the Secretary concerned, or the authorized representative of
the Secretary concerned, determines that any condition or practice
exists, or that any person is in violation of any surface management or
monitoring requirement, and such condition, practice or violation is
causing, or can reasonably be expected to cause--
(A) an imminent danger to the health or safety of the
public; or
(B) significant, imminent environmental harm to land, air,
water, or fish or wildlife resources;
such Secretary or authorized representative shall immediately order a
cessation of mineral activities or the portion thereof relevant to the
condition, practice, or violation.
(3)(A) A cessation order pursuant to paragraphs (1) or (2) shall
remain in effect until such Secretary, or authorized representative,
determines that the condition, practice, or violation has been abated,
or until modified, vacated or terminated by the Secretary or authorized
representative. In any such order, the Secretary or authorized
representative shall determine the steps necessary to abate the
violation in the most expeditious manner possible and shall include the
necessary measures in the order. The Secretary concerned shall require
appropriate financial assurances to ensure that the abatement
obligations are met.
(B) Any notice or order issued pursuant to paragraphs (1) or (2)
may be modified, vacated, or terminated by the Secretary concerned or
an authorized representative of such Secretary. Any person to whom any
such notice or order is issued shall be entitled to a hearing on the
record.
(4) If, after 30 days of the date of the order referred to in
paragraph (3)(A) the required abatement has not occurred, the Secretary
concerned shall take such alternative enforcement action against the
claim holder or operator (or any person who controls the claim holder
or operator) as will most likely bring about abatement in the most
expeditious manner possible. Such alternative enforcement action may
include, but is not necessarily limited to, seeking appropriate
injunctive relief to bring about abatement. Nothing in this paragraph
shall preclude the Secretary, or for National Forest System lands the
Secretary of Agriculture, from taking alternative enforcement action
prior to the expiration of 30 days.
(5) If a claim holder or operator (or any person who controls the
claim holder or operator) fails to abate a violation or defaults on the
terms of the permit, the Secretary, or for National Forest System lands
the Secretary of Agriculture, shall forfeit the financial assurance for
the plan as necessary to ensure abatement and reclamation under this
Act. The Secretary concerned may prescribe conditions under which a
surety may perform reclamation in accordance with the approved plan in
lieu of forfeiture.
(6) The Secretary, or for National Forest System lands the
Secretary of Agriculture, shall not cause forfeiture of the financial
assurance while administrative or judicial review is pending.
(7) In the event of forfeiture, the claim holder, operator, or any
affiliate thereof, as appropriate as determined by the Secretary by
rule, shall be jointly and severally liable for any remaining
reclamation obligations under this Act.
(b) Compliance.--The Secretary, or for National Forest System lands
the Secretary of Agriculture, may request the Attorney General to
institute a civil action for relief, including a permanent or temporary
injunction or restraining order, or any other appropriate enforcement
order, including the imposition of civil penalties, in the district
court of the United States for the district in which the mineral
activities are located whenever a person--
(1) violates, fails, or refuses to comply with any order
issued by the Secretary concerned under subsection (a); or
(2) interferes with, hinders, or delays the Secretary
concerned in carrying out an inspection under section 403.
Such court shall have jurisdiction to provide such relief as may be
appropriate. Any relief granted by the court to enforce an order under
paragraph (1) shall continue in effect until the completion or final
termination of all proceedings for review of such order unless the
district court granting such relief sets it aside.
(c) Delegation.--Notwithstanding any other provision of law, the
Secretary may utilize personnel of the Office of Surface Mining
Reclamation and Enforcement to ensure compliance with the requirements
of this Act.
(d) Penalties.--(1) Any person who fails to comply with any surface
management requirement shall be liable for a penalty of not more than
$25,000 per violation. Each day of violation may be deemed a separate
violation for purposes of penalty assessments.
(2) A person who fails to correct a violation for which a cessation
order has been issued under subsection (a) within the period permitted
for its correction shall be assessed a civil penalty of not less than
$1,000 per violation for each day during which such failure continues.
(3) Whenever a corporation is in violation of a surface management
requirement or fails or refuses to comply with an order issued under
subsection (a), any director, officer, or agent of such corporation who
knowingly authorized, ordered, or carried out such violation, failure,
or refusal shall be subject to the same penalties as may be imposed
upon the person referred to in paragraph (1).
(e) Suspensions or Revocations.--The Secretary, or for National
Forest System lands the Secretary of Agriculture, shall suspend or
revoke a permit issued under title II, in whole or in part, if the
operator or person conducting mineral activities--
(1) knowingly made or knowingly makes any false,
inaccurate, or misleading material statement in any mining
claim, notice of location, application, record, report, plan,
or other document filed or required to be maintained under this
Act;
(2) fails to abate a violation covered by a cessation order
issued under subsection (a);
(3) fails to comply with an order of the Secretary
concerned;
(4) refuses to permit an audit pursuant to this Act;
(5) fails to maintain an adequate financial assurance under
section 205;
(6) fails to pay claim maintenance fees or other moneys due
and owing under this Act; or
(7) with regard to plans conditionally approved under
section 204(c)(2), fails to abate a violation to the
satisfaction of the Secretary concerned, or if the validity of
the violation is upheld on the appeal which formed the basis
for the conditional approval.
(f) False Statements; Tampering.--Any person who knowingly--
(1) makes any false material statement, representation, or
certification in, or omits or conceals material information
from, or unlawfully alters, any mining claim, notice of
location, application, record, report, plan, or other documents
filed or required to be maintained under this Act; or
(2) falsifies, tampers with, renders inaccurate, or fails
to install any monitoring device or method required to be
maintained under this Act,
shall upon conviction, be punished by a fine of not more than $10,000,
or by imprisonment for not more than 2 years, or by both. If a
conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment shall be by
a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both. Each day of continuing
violation may be deemed a separate violation for purposes of penalty
assessments.
(g) Knowing Violations.--Any person who knowingly--
(1) engages in mineral activities without a permit required
under title II, or
(2) violates any other surface management requirement of
this Act or any provision of a permit issued under this Act
(including any exploration or operations plan on which such
permit is based), or condition or limitation thereof,
shall upon conviction be punished by a fine of not less than $5,000 nor
more than $50,000 per day of violation, or by imprisonment for not more
than 3 years, or both. If a conviction of a person is for a violation
committed after the first conviction of such person under this
paragraph, punishment shall be a fine of not less than $10,000 per day
of violation, or by imprisonment of not more than 6 years, or both.
(h) Knowing and Willful Violations.--Any person who knowingly and
willfully commits an act for which a civil penalty is provided in
paragraph (1) of subsection (g) shall, upon conviction, be punished by
a fine of not more than $50,000, or by imprisonment for not more than 2
years, or both.
(i) Definition.--For purposes of this section, the term ``person''
includes a person as defined in section 3(a)(19) and any officer,
agent, or employee of any such person.

SEC. 407. REGULATIONS; EFFECTIVE DATES.

(a) Effective Date.--The provisions of this Act shall take effect
on the date of enactment of this Act, except as otherwise provided in
this Act.
(b) Regulations.--The Secretary and the Secretary of Agriculture
may issue such regulations as may be necessary under this Act. The
regulations implementing title II and the provisions of title IV which
affect the United States Forest Service shall be joint regulations
issued by both Secretaries.
(c) Notice.--Within 180 days after the date of enactment of this
Act, the Secretary shall give notice to holders of mining claims and
millsites maintained under the general mining laws as to the
requirements of section 106.

Subtitle B--Miscellaneous Provisions

SEC. 411. TRANSITIONAL RULES; SURFACE MANAGEMENT REQUIREMENTS.

(a) New Claims.--Notwithstanding any other provision of law, any
mining claim for a locatable mineral on lands subject to this Act
located after the date of enactment of this Act shall be subject to the
requirements of title II.
(b) Preexisting Claims.--(1) Notwithstanding any other provision of
law, any unpatented mining claim or millsite located under the general
mining laws before the date of enactment of this Act for which a plan
of operation has not been approved or a notice filed prior to the date
of enactment shall, upon the effective date of this Act, be subject to
the requirements of title II, except as provided in paragraphs (2) and
(3).
(2)(A) If a plan of operations had been approved for mineral
activities on any claim or site referred to in paragraph (1) prior to
the date of enactment of this Act, for a period of 5 years after the
effective date of this Act mineral activities at such claim or site
shall be subject to such plan of operations (or a modification or
amendment thereto prepared in accordance with the provisions of law
applicable prior to the enactment of this Act). During such 5-year
period, modifications of, or amendments to, any such plan may be made
in accordance with the provisions of law applicable prior to the
enactment of this Act if such modifications or amendments are deemed
minor by the Secretary concerned. After such 5-year period the
requirements of title II shall apply, subject to the limitations of
section 208. In order to meet the requirements of title II, the person
conducting mineral activities under such plan of operations (or
modified or amended plan) shall apply for a modification under section
203(f) no later than 3 years after the date of enactment of this Act.
For purposes of this paragraph, any modification or amendment that
extends the area covered by the plan (except for incidental boundary
revisions) or that increases the risk of adverse effects on the
environment shall not be subject to this paragraph and shall be subject
to other provisions of this Act.
(B) During the 5-year period referred to in subparagraph (A), the
provisions of section 403 (relating to inspection and monitoring) and
section 406 (relating to enforcement) shall apply on the basis of the
surface management requirements applicable to such plans of operations
prior to the effective date of this Act.
(C) Where an application for modification or amendment of a plan of
operations referred to in subparagraph (A) has been timely submitted
and an approved plan expires prior to Secretarial action on the
application, mineral activities and reclamation may continue in
accordance with the terms of the expired plan until the Secretary makes
an administrative decision on the application.
(3)(A) If a substantially complete application for approval of a
plan of operations or for a modification of, or amendment to, a plan of
operations had been submitted by the date of enactment of this Act and
either a scoping document or an environmental assessment prepared for
purposes of compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 and following) had been published with respect to
such plan, modification, or amendment before the date of the enactment
of this Act but the submitted plan of operations or modification or
amendment had not been approved for mineral activities on any claim or
site referred to in paragraph (1) prior to such date of enactment, for
a period of 5 years after the effective date of this Act mineral
activities at such claim or site shall be subject to the provisions of
law applicable prior to the enactment of this Act. During such 5-year
period, subsequent modifications of, or amendments to, any such plan
may be made in accordance with the provisions of law applicable prior
to the enactment of this Act if such subsequent modifications or
amendments are deemed minor by the Secretary concerned. After such 5-
year period, the requirements of title II shall apply, subject to the
limitations of section 208. For purposes of this paragraph, any
subsequent modification or amendment which extends the area covered by
the plan (except for incidental boundary revisions) or which
significantly increases the risk of adverse effects on the environment
shall not be subject to this paragraph and shall be subject to other
provisions of this Act.
(B) In order to meet the requirements of title II, the person
conducting mineral activities under a plan of operations (or modified
or amended plan referred to in subparagraph (A)) shall apply for a
modification under section 203(f) no later than 3 years after the date
of enactment of this Act. During such 5-year period the provisions of
section 403 (relating to inspection and monitoring) and section 406
(relating to enforcement) shall apply on the basis of the surface
management requirements applicable to such plans of operations prior to
the effective date of this Act.
(C) Where an application for modification or amendment of a plan of
operations referred to in subparagraph (A) has been timely submitted
and an approved plan expires prior to Secretarial action on the
application, mineral activities and reclamation may continue in
accordance with the terms of the expired plan until the Secretary makes
an administrative decision on the application.
(4) If a notice had been filed with the authorized officer in the
applicable office of the Bureau of Land Management or the United States
Forest Service (as provided for in the regulations of the Secretary of
the Interior or the Secretary of Agriculture, respectively, in effect
prior to the date of enactment of this Act) prior to the date of
enactment of this Act, mineral activities may continue under such
notice or notice of intent for a period of 2 years after the effective
date of this Act, after which time the requirements of title II shall
apply, subject to the limitations of section 208(d)(2). In order to
meet the requirements of title II, the person conducting mineral
activities under such notice shall apply for a permit under section 203
no later than 18 months after the effective date of this Act, unless
such mineral activities are conducted pursuant to section 202(b).
During such 2-year period the provisions of sections 403 (relating to
inspection and monitoring) and 406 (relating to enforcement) shall
apply on the basis of the surface management requirements applicable to
such notices prior to the effective date of this Act.

SEC. 412. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES.

(a) The provisions of section 411 shall apply to oil shale claims
referred to in section 2511(e)(2) of the Energy Policy Act of 1992
(Public Law 102-486).
(b) Section 2511(f) of the Energy Policy Act of 1992 (Public Law
102-486) is amended as follows:
(1) By striking ``as prescribed by the Secretary''.
(2) By inserting the following before the period: ``in the
same manner as if such claims were subject to title II of the
Mineral Exploration and Development Act of 2003''.

SEC. 413. PURCHASING POWER ADJUSTMENT.

The Secretary shall adjust all location fees, claim maintenance
rates, penalty amounts, and other dollar amounts established in this
Act for changes in the purchasing power of the dollar every 10 years
following the date of enactment of this Act, employing the Consumer
Price Index for All-Urban Consumers published by the Department of
Labor as the basis for adjustment, and rounding according to the
adjustment process of conditions of the Federal Civil Penalties
Inflation Adjustment Act of 1990 (104 Stat. 890).

SEC. 414. SAVINGS CLAUSE.

(a) Special Application of Mining Laws.--Nothing in this Act shall
be construed as repealing or modifying any Federal law, regulation,
order, or land use plan, in effect prior to the date of enactment of
this Act that prohibits or restricts the application of the general
mining laws, including laws that provide for special management
criteria for operations under the general mining laws as in effect
prior to the date of enactment of this Act, to the extent such laws
provide environmental protection greater than required under this Act,
and any such prior law shall remain in force and effect with respect to
claims located (or proposed to be located) or converted under this Act.
Nothing in this Act shall be construed as applying to or limiting
mineral investigations, studies, or other mineral activities conducted
by any Federal or State agency acting in its governmental capacity
pursuant to other authority. Nothing in this Act shall affect or limit
any assessment, investigation, evaluation, or listing pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 and following), or the Solid Waste Disposal Act
(42 U.S.C. 3251 and following).
(b) Effect on Other Federal Laws.--The provisions of this Act shall
supersede the general mining laws, but, except for the general mining
laws, nothing in this Act shall be construed as superseding, modifying,
amending, or repealing any provision of Federal law not expressly
superseded, modified, amended, or repealed by this Act. Nothing in this
Act shall be construed as altering, affecting, amending, modifying, or
changing, directly or indirectly, any law which refers to and provides
authorities or responsibilities for, or is administered by, the
Environmental Protection Agency or the Administrator of the
Environmental Protection Agency, including the Federal Water Pollution
Control Act, title XIV of the Public Health Service Act (the Safe
Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of
1990, the Toxic Substances Control Act, the Federal Insecticide,
Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic
Act, the Motor Vehicle Information and Cost Savings Act, the Federal
Hazardous Substances Act, the Endangered Species Act of 1973, the
Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste
Disposal Act, the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, the Superfund Amendments and Reauthorization
Act of 1986, the Ocean Dumping Act, the Environmental Research,
Development, and Demonstration Authorization Act, the Pollution
Prosecution Act of 1990, and the Federal Facilities Compliance Act of
1992, or any statute containing an amendment to any of such Acts.
Nothing in this Act 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).
(c) Protection of Conservation Areas.--In order to protect the
resources and values of National Conservation System units, the
Secretary, as appropriate, shall utilize authority under this Act and
other applicable law to the fullest extent necessary to prevent mineral
activities within the boundaries of such units that could have an
adverse impact on the resources or values for which such units were
established.

SEC. 415. AVAILABILITY OF PUBLIC RECORDS.

Copies of records, reports, inspection materials, or information
obtained by the Secretary or the Secretary of Agriculture under this
Act shall be made immediately 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 reclamation so that such items are conveniently available
to residents in the area proposed or approved for mineral activities
and on the Internet.

SEC. 416. MISCELLANEOUS POWERS.

(a) In General.--In carrying out his or her duties under this Act,
the Secretary, or for National Forest System 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 Act, 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 answers 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 books, papers, records,
documents, matter, and materials, as such Secretary may
request.
(4) Order testimony to be taken by deposition before any
person who is designated by such Secretary and who has the
power to administer oaths, and to compel testimony and the
production of evidence in the same manner as authorized under
paragraph (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 Secretary, 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 Act are
located;
(2) may at reasonable times, and without delay, have access
to records, inspect any monitoring equipment, or review any
method of operation required under this Act;
(3) may engage in any work and do all things necessary or
expedient to implement and administer the provisions of this
Act;
(4) may, on any mining claim located under the general
mining laws and maintained in compliance with this Act, and
without advance notice, stop and inspect any motorized form of
transportation that such Secretary has probable cause to
believe is carrying 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 minerals, concentrates,
or products derived therefrom as required by law, if such
documentation is required under this Act; and
(5) may, if accompanied by any appropriate law enforcement
officer, or an appropriate law enforcement officer alone, stop
and inspect any motorized form of transportation which is not
on a claim site if he or she has probable cause to believe such
vehicle is carrying locatable minerals, concentrates,
or products derived therefrom from a claim site on Federal lands or
allocated to such claim site. Such inspection shall be for the purpose
of determining whether the operator of such vehicle has the
documentation required by law, if such documentation is required under
this Act.

SEC. 417. MULTIPLE MINERAL DEVELOPMENT AND SURFACE RESOURCES.

The provisions of sections 4 and 6 of the Act of August 13, 1954
(30 U.S.C. 524 and 526), commonly known as the Multiple Minerals
Development Act, and the provisions of section 4 of the Act of July 23,
1955 (30 U.S.C. 612), shall apply to all mining claims located or
converted under this Act.

SEC. 418. MINERAL MATERIALS.

(a) Determinations.--Section 3 of the Act of July 23, 1955 (30
U.S.C. 611), is amended as follows:
(1) By inserting ``(a)'' before the first sentence.
(2) By inserting ``mineral materials, including but not
limited to'' after ``varieties of'' in the first sentence.
(3) By striking ``or cinders'' and inserting in lieu
thereof ``cinders, and clay''.
(4) By adding the following new subsection at the end
thereof:
``(b)(1) Subject to valid existing rights, after the date of
enactment of the Mineral Exploration and Development Act of 2003,
notwithstanding the reference to common varieties in subsection (a) and
to the exception to such term relating to a deposit of materials with
some property giving it distinct and special value, all deposits of
mineral materials referred to in such subsection, including the block
pumice referred to in such subsection, shall be subject to disposal
only under the terms and conditions of the Materials Act of 1947.
``(2) For purposes of paragraph (1), the term `valid existing
rights' means that a mining claim located for any such mineral material
had some property giving it the distinct and special value referred to
in subsection (a), or as the case may be, met the definition of block
pumice referred to in such subsection, was properly located and
maintained under the general mining laws prior to the date of enactment
of the Mineral Exploration and Development Act of 2003, and was
supported by a discovery of a valuable mineral deposit within the
meaning of the general mining laws as in effect immediately prior to
the date of enactment of the Mineral Exploration and Development Act of
2003 and that such claim continues to be valid under this Act.''.
(b) Mineral Materials Disposal Clarification.--Section 4 of the Act
of July 23, 1955 (30 U.S.C. 612), is amended as follows:
(1) In subsection (b) by inserting ``and mineral material''
after ``vegetative''.
(2) In subsection (c) by inserting ``and mineral material''
after ``vegetative''.
(c) Conforming Amendment.--Section 1 of the Act of July 31, 1947,
entitled ``An Act to provide for the disposal of materials on the
public lands of the United States'' (30 U.S.C. 601 and following) is
amended by striking ``common varieties of'' in the first sentence.
(d) Short Titles.--
(1) Surface resources.--The Act of July 23, 1955, is
amended by inserting after section 7 the following new section:
``Sec. 8. This Act may be cited as the `Surface Resources Act of
1955.''.
(2) Mineral materials.--The Act of July 31, 1947, entitled
``An Act to provide for the disposal of materials on the public
lands of the United States'' (30 U.S.C. 601 and following) is
amended by inserting after section 4 the following new section:
``Sec. 5. This Act may be cited as the `Materials Act of 1947'.''.
(e) Repeals.--(1) Subject to valid existing rights, the Act of
August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), commonly known as the
Building Stone Act, is hereby repealed.
(2) Subject to valid existing rights, the Act of January 31, 1901
(30 U.S.C. 162), commonly known as the Saline Placer Act, is hereby
repealed.

SEC. 419. APPLICATION OF ACT TO BENEFICIATION AND PROCESSING OF
NONFEDERAL MINERALS ON FEDERAL LANDS.

The provisions of this Act (including the surface management
requirements of title II) shall apply in the same manner and to the
same extent to Federal lands used for beneficiation or processing
activities for any mineral without regard to whether or not the legal
and beneficial title to the mineral is held by the United States. This
section applies only to minerals that are locatable minerals or
minerals that would be locatable minerals if the legal and beneficial
title to such minerals were held by the United States.
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