[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 322 Received in Senate (RDS)]

103d CONGRESS
  1st Session
                                H.R. 322


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

                                Received

_______________________________________________________________________

                                 AN ACT


 
 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 1993''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions and references.
              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

Sec. 101. Lands open to location.
Sec. 102. Rights under this act.
Sec. 103. Location of mining claims.
Sec. 104. Conversion of existing claims.
Sec. 105. Claim maintenance requirements.
Sec. 106. Failure to comply.
Sec. 107. Basis for contest.
  TITLE II--ENVIRONMENTAL CON-SIDERATIONS OF MINERAL EX-PLORATION AND 
                              DEVELOPMENT

Sec. 201. Surface management standard.
Sec. 202. Permits.
Sec. 203. Exploration permits.
Sec. 204. Operations permit.
Sec. 205. Persons ineligible for permits.
Sec. 206. Financial assurance.
Sec. 207. Reclamation.
Sec. 208. State law and regulation.
Sec. 209. Unsuitability review.
Sec. 210. Certain mineral activities covered by other law.
     TITLE III--ABANDONED LOCAT-ABLE 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.
Sec. 306. Royalty.
         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

                 Subtitle A--Administrative Provisions

Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Public participation requirements.
Sec. 404. Inspection and monitoring.
Sec. 405. Citizens suits.
Sec. 406. Administrative and judicial review.
Sec. 407. Enforcement.
Sec. 408. Regulations; effective dates.
                  Subtitle B--Miscellaneous Provisions

Sec. 411. Transitional rules; surface management requirements.
Sec. 412. 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. Limitation on patent issuance.
Sec. 418. Multiple mineral development and surface resources.
Sec. 419. Mineral materials.
Sec. 420. Application of Act to beneficiation and processing of 
                            nonFederal minerals on Federal lands.
Sec. 421. Compliance with Buy American Act.
Sec. 422. Sense of Congress.
Sec. 423. Prohibition of Contract.
Sec. 424. Severability.
Sec. 425. Award of Compensation for takings from Fund.
Sec. 426. Report to Congress on mining claims in the United States held 
                            by foreign firms.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds and declares the following:
            (1) The general mining laws, commonly referred to as the 
        Mining Law of 1872, at one time promoted the development of the 
        West and provided a framework for the exploitation of Federal 
        mineral resources.
            (2) Congress recognized that the public interest was no 
        longer being advanced under the Mining Law of 1872 when, in 
        1920, it removed energy minerals and minerals chiefly valuable 
        for agricultural use, and in 1955, removed common varieties of 
        mineral materials, from the scope of the general mining laws 
        and made such minerals available under regimes which provide 
        for a financial return to the public for the disposition of 
        such minerals and which better safeguard the environment.
            (3) The Mining Law of 1872 no longer fosters the efficient 
        and diligent development of those mineral resources still under 
        its scope, giving rise to speculation and nonmining uses of 
        lands chiefly valuable for minerals.
            (4) The Mining Law of 1872 does not provide for a financial 
        return to the American people for use by claim holders of 
        public domain lands or for the disposition of valuable mineral 
        resources from such lands.
            (5) The Mining Law of 1872 continues to transfer lands 
        valuable for mineral resources from the public domain to 
        private ownership for less than the fair market value of such 
        lands and mineral resources.
            (6) There are a substantial number of acres of land 
        throughout the Nation disturbed by mining activities conducted 
        under the Mining Law of 1872 on which little or no reclamation 
        was conducted, and the impacts from these unreclaimed lands 
        pose a threat to the public health, safety, and general welfare 
        and to environmental quality.
            (7) Activities under the Mining Law of 1872 continue to 
        result in disturbances of surface areas and water resources 
        which burden and adversely affect the public welfare by 
        destroying or diminishing the utility of public domain lands 
        for other appropriate uses and by creating hazards dangerous to 
        the public health and safety and to the environment.
            (8) Existing Federal law and regulations, as well as 
        applicable State laws, have proven to be inadequate to ensure 
        that active mining operations under the Mining Law of 1872 will 
        not leave to future generations a new legacy of hazards 
        associated with unreclaimed mined lands.
            (9) The public interest is no longer being served by 
        archaic features of the Mining Law of 1872 that thwart the 
        efficient exploration and development of those minerals which 
        remain under its scope and which conflict with modern public 
        land use management philosophies.
            (10) The public is justified in expecting the diligent 
        development of its mineral resources, a financial return for 
        the use of public domain lands for mineral activities as well 
        as for the disposition of valuable mineral resources from such 
        lands.
            (11) It is not in the public interest for public domain 
        lands to be sold for below fair market value nor does this 
        aspect of the Mining Law of 1872 comport with modern Federal 
        land policy which is grounded on the retention of public domain 
        lands under the principles of multiple use.
            (12) Mining and reclamation technology is now developed so 
        that effective and reasonable regulation of operations by the 
        Federal Government in accordance with this Act is an 
        appropriate and necessary means to minimize so far as 
        practicable the adverse social, economic and environmental 
        effects of such mining operations.
            (13) Mining activities on public domain lands affect 
        interstate commerce, contribute to the economic well-being, 
        security and general welfare of the Nation and should be 
        conducted in an environmentally sound manner.
            (14) It is necessary that any revision of the general 
        mining laws insure that a domestic supply of hardrock minerals 
        be made available to the domestic economy of the United States.
            (15) America's economy still depends heavily on hardrock 
        minerals and a strong environmentally sound mining industry is 
        critical to the domestic minerals supply.
            (16) Many of the deposits of hardrock minerals remain to be 
        discovered on the Federal public domain.
            (17) Private enterprise must be given adequate incentive to 
        engage in a capital-intensive industry such as hardrock mining.
            (18) The United States, as owner of the public domain, has 
        a dual interest in insuring a fair return for mining on the 
        public domain and insuring that any royalty and fees charged do 
        not discourage essential mining activity on the public domain.
            (19) The domestic mining industry provides thousands of 
        jobs directly and indirectly to the domestic economy and those 
        jobs must be preserved and encouraged by a sound Federal policy 
        regarding mining on Federal lands.
    (b) Purpose.--It is the purpose of this Act--
            (1) to devise a more socially, fiscally and environmentally 
        responsible regime to govern the use of public domain lands for 
        the exploration and development of those minerals not subject 
        to mineral leasing acts or mineral materials statutes;
            (2) to provide for a fair return to the public for the use 
        of public domain lands for mineral activities and for the 
        disposition of minerals from such lands;
            (3) to foster the diligent development of mineral resources 
        on public domain lands in a manner that is compatible with 
        other resource values and environmental quality;
            (4) to promote the restoration of mined areas left without 
        adequate reclamation prior to the enactment of this Act and 
        which continue, in their unreclaimed condition, to 
        substantially degrade the quality of the environment, prevent 
        the beneficial use of land or water resources, and endanger the 
        health and safety of the public;
            (5) to assure that appropriate procedures are provided for 
        public participation in the development, revision and 
        enforcement of regulations, standards and programs established 
        under this Act; and
            (6) to, whenever necessary, exercise the full reach of 
        Federal constitutional powers to ensure the protection of the 
        public interest through the effective control of mineral 
        exploration and development activities.

SEC. 3. 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 et seq.), 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 ``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.
            (13) The term ``mining'' means the processes employed for 
        the extraction of a locatable mineral from the earth.
            (14) The term ``mining claim'' means a claim for the 
        purposes of mineral activities.
            (15) 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 Forest Monument or any unit of the National 
        Wilderness Preservation System.
            (16) The term ``operator'' means any person, conducting 
        mineral activities subject to this Act or any agent of such a 
        person.
            (17) 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.
            (18) 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.
            (19) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (20) 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.
                    (B) Lands being managed by the Secretary, acting 
                through Bureau of Land Management, as wilderness study 
                areas 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)(i) Lands 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, and (ii) lands 
                determined by a Federal agency under section 5(d) of 
                such Act to be eligible for inclusion in such system, 
                pending a final determination by the Congress of the 
                status of such lands.
                    (D) Lands withdrawn from mineral activities under 
                authority of other law.
            (2) Definition.--(A) As used in this subsection, the term 
        ``valid existing rights'' refers to a mining 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, 
                        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 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 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), 
                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 or converted under this Act 
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 209, holders of claims converted or located 
under this Act shall be entitled to receive a refund of claim 
maintenance fees.

SEC. 103. LOCATION OF MINING CLAIMS.

    (a) General Rule.--A person may locate a mining claim covering 
lands open to the location of mining claims by posting a notice of 
location, containing the person's name and address, the time of 
location (which shall be the date and hour of location and posting), 
and a legal description of the claim. The notice of location shall be 
posted on a suitable, durable monument erected as near as practicable 
to the northeast corner of the mining claim. No person who is not a 
citizen of the United States, or a corporation organized under the laws 
of the United States or of any State or the District of Columbia may 
locate or hold a claim under this Act. On or after the enactment of 
this Act, a mining claim for a locatable mineral on lands open to 
location--
            (1) may be located only in accordance with this Act,
            (2) may be maintained only as provided in this Act, and
            (3) shall be subject to the requirements of this Act.
    (b) Use of Public Land Survey.--Except as provided in subsection 
(c), each mining claim located under this Act shall (1) be located in 
accordance with the public land survey system, and (2) conform to the 
legal subdivisions thereof. Except as provided in subsection (c)(1), 
the legal description of the mining claim shall be based on the public 
land survey system and its legal subdivisions.
    (c) Exceptions.--(1) If only a protracted survey exists for the 
public lands concerned, each of the following shall apply in lieu of 
subsection (b):
            (A) The legal description of the mining claim shall be 
        based on the protracted survey and the mining claim shall be 
        located as near as practicable in conformance with a protracted 
        legal subdivision.
            (B) The mining claim shall be monumented on the ground by 
        the erection of a suitable, durable monument at each corner of 
        the claim.
            (C) The legal description of the mining claim shall include 
        a reference to any existing survey monument, or where no such 
        monument can be found within a reasonable distance, to a 
        permanent and conspicuous natural object.
    (2) If no survey exists for the public lands concerned, each of the 
following shall apply in lieu of subsection (b):
            (A) The mining claim shall be a regular square, with each 
        side laid out in cardinal directions, 40 acres in size.
            (B) The claim shall be monumented on the ground by the 
        erection of a suitable durable monument at each corner of the 
        claim.
            (C) The legal description of the mining claim shall be 
        expressed in metes and bounds and shall be defined by and 
        referenced to the closest existing survey monument, or where no 
        such monument can be found within a reasonable distance, to a 
        permanent and conspicuous natural object. Such description 
        shall be of sufficient accuracy and completeness to permit 
        recording of the claim upon the public land records and to 
        permit the claim to be readily found upon the ground.
    (3) In the case of a conflict between the boundaries of a mining 
claim as monumented on the ground and the description of such claim in 
the notice of location referred to in subsection (a), the notice of 
location shall be determinative, except where determined otherwise by 
the Secretary.
    (d) Filing With Secretary.--(1) Within 30 days after the location 
of a mining claim pursuant to this section, a copy of the notice of 
location referred to in subsection (a) shall be filed with the 
Secretary in an office designated by the Secretary.
    (2)(A) Whenever the Secretary receives a copy of a notice of 
location of a mining claim under this Act, the Secretary shall assign a 
serial number to the mining claim, and immediately return a copy of the 
notice of location to the locator of the claim, together with a 
certificate setting forth the serial number, a description of the 
claim, and the claim maintenance requirements of section 105. The 
Secretary shall enter the claim on the public land records.
    (B) Return of the copy of the notice of location and provision of 
the certificate under subparagraph (A) shall not constitute a 
determination by the Secretary that a claim is valid. Failure by the 
Secretary to provide such copy and certificate shall not constitute a 
defense against cancellation of a claim for failure to follow 
applicable requirements of this Act.
    (3) Notwithstanding any other provision of law, for every 
unpatented mining claim located after the date of enactment of this 
Act, the locator shall, at the time the location notice is recorded 
with the Bureau of Land Management, pay a location fee of $25.00 per 
claim. The location fee shall be in addition to the claim maintenance 
fee payable under section 105.
    (4) Subsections (b) and (c) of section 314 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1744(b)) are repealed.
    (e) Converted Claims.--For mining claims and mill sites deemed 
converted under this Act, for the purposes of complying with the 
requirements of subsection (d), upon receipt of the initial claim 
maintenance fee required under section 105, the Secretary shall issue a 
certificate referenced in subsection (d)(2) to the holder of the mining 
claim or mill site.
    (f) Date of Location.--A mining claim located under this Act shall 
be effective based upon the time of location.
    (g) Lands Covered by Claim.--A mining claim located or converted 
under this Act shall include all lands and interests in lands open to 
location within the boundaries of the claim, subject to any prior 
mining claim located or converted under this Act.
    (h) Conflicting Locations.--Any conflicts between the holders of 
mining claims located or converted under this Act relating to relative 
superiority under the provisions of this Act may be resolved in 
adjudication proceedings in a court with proper jurisdiction, 
including, as appropriate, State courts. It shall be incumbent upon the 
holder of a mining claim asserting superior rights in such proceedings 
to demonstrate that such person was the senior locator, or if such 
person is the junior locator, that prior to the location of the claim 
by such locator--
            (1) the senior locator failed to file a copy of the notice 
        of location within the time provided under subsection (d); or
            (2) the amount of claim maintenance fee paid by the senior 
        locator at the time of filing the location notice referred to 
        in subsection (d) was less than the amount required to be paid 
        by such locator.
    (i) Extent of Mineral Deposit.--The boundaries of a mining claim 
located under this Act shall extend vertically downward.

SEC. 104. CONVERSION OF EXISTING CLAIMS.

    (a) Existing Claims.--Notwithstanding any other provision of law, 
on the effective date of this Act any unpatented mining claim for a 
locatable mineral located under the general mining laws prior to the 
date of enactment of this Act shall become subject to this Act's 
provisions and shall be deemed a converted mining claim under this Act. 
Nothing in this Act shall be construed to affect extralateral rights in 
any valid lode mining claim existing on the date of enactment of this 
Act. After the effective date of this Act, there shall be no 
distinction made as to whether such claim was originally located as a 
lode or placer claim.
    (b) Mill and Tunnel Sites.--On the effective date of this Act, any 
unpatented mill or tunnel site located under the general mining laws 
before the date of enactment of this Act shall become subject to this 
Act's provisions and shall be deemed a converted mining claim under 
this Act.
    (c) Postconversion.--Any unpatented mining claim or mill site 
located under the general mining laws shall be deemed to be a prior 
claim for the purposes of section 103(g) when converted pursuant to 
subsection (a) or (b).
    (d) Disposition of Land.--In the event a mining claim is located 
under this Act for lands encumbered by a prior mining claim or mill 
site located under the general mining laws, such lands shall become 
part of the claim located under this Act if the claim or mill site 
located under the general mining laws is declared null and void under 
this section or is otherwise declared null and void thereafter.
    (e) Conflicts.--(1) Any conflicts in existence before the effective 
date of this Act between holders of mining claims, mill sites and 
tunnel sites located under the general mining laws shall be subject to, 
and shall be resolved in accordance with, applicable laws governing 
such conflicts in effect before the effective date of enactment of this 
Act in a court of proper jurisdiction.
    (2) Any conflicts not relating to matters provided for under 
section 103(h) between the holders of a mining claim located under this 
Act and a mining claim, mill, or tunnel site located under the general 
mining laws arising either before or after the conversion of any such 
claim or site under this section shall be resolved in a court with 
proper jurisdiction.

SEC. 105. CLAIM MAINTENANCE REQUIREMENTS.

    (a) In General.--(1) The holder of each mining claim converted 
pursuant to this Act shall pay to the Secretary an annual claim 
maintenance fee of $100 per claim.
    (2) The holder of each mining claim located pursuant to this Act 
shall pay to the Secretary an annual claim maintenance fee of $200 per 
claim.
    (b) Time of Payment.--The claim maintenance fee payable pursuant to 
subsection (a) for any year shall be paid on or before August 31 of 
each year, except that in the case of claims referred to in subsection 
(a)(2), for the initial calendar year in which the location is made, 
the locator shall pay the initial claim maintenance fee at the time the 
location notice is recorded with the Bureau of Land Management.
    (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 (Public Law 102-486; 106 Stat. 3111; 
30 U.S.C. 242).
    (d) Claim Maintenance Fees Payable Under 1993 Act.--The claim 
maintenance fees payable under this section for any period with respect 
to any claim shall be reduced by the amount of the claim maintenance 
fees paid under section 10101 of the Omnibus Budget Reconciliation Act 
of 1993 with respect to that claim and with respect to the same period.
    (e) Waiver.--(1) The claim maintenance fee required under this 
section may be waived for a claim holder who certifies in writing to 
the Secretary that on the date the payment was due, the claim holder 
and all related parties held not more than 10 mining claims on lands 
open to location. Such certification shall be made on or before the 
date on which payment is due.
    (2) For purposes of paragraph (1), with respect to any claim 
holder, the term ``related party'' means each of the following:
            (A) The spouse and dependent children (as defined in 
        section 152 of the Internal Revenue Code of 1986), of the claim 
        holder.
            (B) Any affiliate of the claim holder.
    (f) Co-ownership.--Upon the failure of any one or more of several 
co-owners to contribute such co-owner or owners' portion of the fee 
under this section, any co-owner who has paid such fee may, after the 
payment due date, give the delinquent co-owner or owners 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-owner fails or refuses to contribute his portion, his 
interest in the claim shall become the property of the co-owners who 
have paid the required fee.
    (g) Fund.--All monies received under this section shall be 
deposited in the Abandoned Locatable Minerals Mine Reclamation Fund 
established under title III of this Act.
    (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 306 for the same period with respect to that 
claim.

SEC. 106. FAILURE TO COMPLY.

    (a) Forfeiture.--The failure of the claim holder to file the notice 
of location, to pay the location fee, or to pay the claim maintenance 
fee 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 1 year 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 207 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. 107. BASIS FOR CONTEST.

    (a) Discovery.--(1) After the effective date of this Act, a mining 
claim may not be contested or challenged on the basis of discovery 
under the general mining laws, except as follows:
            (A) Any claim located before the effective date of this Act 
        may be contested by the United States on the basis of discovery 
        under the general mining laws as in effect prior to the 
        effective date of this Act if such claim is located within any 
        National Conservation System unit, or within any area referred 
        to in section 101(b).
            (B) Any mining claim located before the effective date of 
        this Act may be contested by the United States on the basis of 
        discovery under the general mining laws as in effect prior to 
        the effective date of this Act if such claim was located for a 
        mineral material that purportedly has a property giving it 
        distinct and special value within the meaning of section 3(a) 
        of the Act of July 23, 1955 (as in effect prior to the date of 
        enactment of this Act), or if such claim was located for a 
        mineral that was not locatable under the general mining laws 
        before the effective date of this Act.
    (2) The Secretary may initiate contest proceedings against those 
mining claims referred to in paragraph (1) at any time, except that 
nothing in this subsection may be construed as requiring the Secretary 
to inquire into, or contest, the validity of a mining claim for the 
purpose of the conversion referred to in section 104, except as 
provided in section 412.
    (3) Nothing in this subsection may be construed as limiting any 
contest proceedings initiated by the United States on issues other than 
discovery, or any contest proceedings filed before the effective date 
of this Act.
    (4) Any contest proceeding initiated pursuant to paragraph (1) 
shall determine whether the mining claim or claims subject to such 
proceeding supported a discovery of a valuable mineral deposit within 
the meaning of the general mining laws on the effective date of this 
Act.
    (b) Continued Sufficiency of Mining Claim.--(1) At any time, upon 
request of the Secretary, the claim holder shall demonstrate that the 
continued retention of a mining claim located or converted under this 
Act is exclusively related to mineral activities at the site.
    (2) Where the Secretary requests demonstration of the continuing 
sufficiency of any mining claim under this section, the claim holder 
shall have the burden of showing each of the following:
            (A) The lands or interests in lands included in the mining 
        claim are not used predominantly for recreational, residential 
        or other purposes rather than for mineral activities and are 
        being held in good faith for the ultimate exploration for, 
        development of, or production of locatable minerals, as 
        demonstrated by the claimholder or his or her assigns through 
        showings satisfactory to the Secretary.
            (B) The claim holder or operator does not restrict access 
        to the lands or interests in lands included in the mining claim 
        in a manner that is not required for mineral activities.
            (C) The mineral being or to be mined on the mining claim is 
        a locatable mineral (unless such lands are used for 
        beneficiation or processing).
            (D) The claim holder or operator has not constructed, 
        improved, maintained or used a structure located on a mining 
        claim in a manner not specifically authorized by the Secretary 
        in accordance with this Act.
    (3) Any mining claim for which the claim holder fails to 
demonstrate continued sufficiency, in the determination of the 
Secretary, pursuant to subsection (b) of this section, shall thereupon 
be deemed forfeited and be declared null and void.
    (c) Remedies.--(1) The Secretary may assess a civil penalty of not 
more than $5,000 per claim against the claimholder upon declaring a 
mining claim null and void pursuant to subsection (b) of this section.
    (2) Upon declaring a mining claim null and void pursuant to 
subsection (b), the Secretary shall provide a reasonable opportunity 
for the mining claim holder or operator to remove any real or personal 
property which such person had previously placed upon the claim. If the 
property is not removed within the time provided, the Secretary may 
retain the property or provide for its disposition or destruction.
    (d) Other Law.--The Secretary shall take such actions as may be 
necessary to ensure the compliance by claim holders with section 4 of 
the Act of July 23, 1955 (30 U.S.C. 612), consistent with this section.

   TITLEII--ENVIRONMENTALCON- SIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 201. SURFACE MANAGEMENT STANDARD.

    Notwithstanding the last sentence of section 302(b) of the Federal 
Land Policy and Management Act of 1976, and in accordance with this 
title and other applicable law, the Secretary, and for National Forest 
System lands the Secretary of Agriculture, shall require that mineral 
activities on Federal lands conducted by any person 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, fish, wildlife, and biota 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 
related to exploration, or gathering of data, required to comply with 
section 203 or 204 that cause a negligible disturbance of surface 
resources and do not involve any of the following:
            (1) The use of mechanized earth moving equipment, suction 
        dredging, explosives.
            (2) The use of motor vehicles in areas closed to off-road 
        vehicles.
            (3) The construction of roads, drill pads, or the use of 
        toxic or hazardous materials.
Persons engaging in such activities shall provide prior written notice. 
The Secretary and the Secretary of Agriculture may provide, by joint 
regulations the manner in which such notice shall be provided.
    (c) Waiver of the Sovereign Immunity of Indian Tribes.--The 
Secretary is authorized to require Indian tribes to waive sovereign 
immunity as a condition of obtaining a permit under this Act.

SEC. 203. EXPLORATION PERMITS.

    (a) Authorized Exploration Activity.--Any claim holder may apply 
for an exploration permit for any mining claim authorizing the claim 
holder to remove a reasonable amount of the locatable minerals from the 
claim for analysis, study and testing. Such permit shall not authorize 
the claim holder to remove any mineral for sale nor to conduct any 
activities other than those required for exploration for locatable 
minerals and reclamation.
    (b) Permit Application Requirements.--An application for an 
exploration permit under this section shall be submitted in a manner 
satisfactory to the Secretary or, for National Forest System lands, the 
Secretary of Agriculture, and shall contain an exploration plan, a 
reclamation plan for the proposed exploration, such documentation as 
necessary to ensure compliance with applicable Federal and State 
environmental laws and regulations, and each of the following:
            (1) 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.
            (2) A statement of whether any person referred to in 
        subparagraphs (A) through (C) of paragraph (1) is currently in 
        violation of, or was, during the 3-year period preceding the 
        date of the 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 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 any 
                regulation under that Act at any site where surface 
                coal mining operations have occurred or are occurring.
            (3) A description of the type and method of exploration 
        activities proposed, the engineering techniques proposed to be 
        used and the equipment proposed to be used.
            (4) The anticipated starting and termination dates of each 
        phase of the exploration activities proposed, including any 
        planned temporary cessation of exploration.
            (5) A map, to an appropriate scale, clearly showing the 
        land to be affected by the proposed exploration.
            (6) Information determined necessary by the Secretary 
        concerned to assess the cumulative impacts, as required to 
        comply with the National Environmental Policy Act.
            (7) Evidence of appropriate financial assurance as 
        specified in section 206.
    (c) Reclamation Plan Requirements.--The reclamation plan required 
to be included in a permit application under subsection (b) shall 
include such provisions as may be jointly prescribed by the Secretary 
and 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 
        exploration activities.
            (2) A description of reclamation measures proposed pursuant 
        to the requirements of section 207.
            (3) The engineering techniques to be used in 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.
    (d) Permit Issuance or Denial.--The Secretary, or for National 
Forest System lands, the Secretary of Agriculture, shall issue an 
exploration permit pursuant to an application under this section if 
such Secretary makes each of the following determinations, and such 
Secretary shall deny a permit which he or she finds does not fully meet 
the requirements of this subsection:
            (1) The permit application, the exploration plan and 
        reclamation plan are complete and accurate.
            (2) The applicant has demonstrated that proposed 
        reclamation can be accomplished.
            (3) The proposed exploration activities and condition of 
        the land after the completion of exploration activities and 
        final reclamation would conform with the land use plan 
        applicable to the area subject to mineral activities.
            (4) The area subject to the proposed permit is not included 
        within an area designated unsuitable under section 209 or not 
        open to location under section 101(b) for the types of 
        exploration activities proposed.
            (5) The applicant has demonstrated that the exploration 
        plan and reclamation plan will be in compliance with the 
        requirements of this Act and all other applicable Federal 
        requirements, and any State requirements agreed to by the 
        Secretary of the Interior (or Secretary of Agriculture, as 
        appropriate) pursuant to a cooperative agreement under section 
        208.
            (6) The applicant has fully complied with the requirements 
        of section 206 (relating to financial assurance).
    (e) Term of Permit.--An exploration permit shall be for a stated 
term. The term shall be no greater than that necessary to accomplish 
the proposed exploration, and in no case for more than 5 years.
    (f) Permit Modification.--During the term of an exploration permit 
the permit holder may submit an application to modify the permit. To 
approve a proposed modification to the permit, the Secretary concerned 
shall make the same determinations as are required in the case of an 
original permit, except that the Secretary and the Secretary of 
Agriculture may specify by joint rule the extent to which requirements 
for initial exploration permits under this section shall apply to 
applications to modify an exploration permit based on whether such 
modifications are deemed significant or minor.
    (g) Fees.--Each application for a permit pursuant to this section 
shall be accompanied by a fee payable to the Secretary of the Interior 
in such amount as may be established by the Secretary of the Interior. 
Such amount shall be equal to the actual or anticipated cost to the 
Secretary or the Secretary of Agriculture, as the case may be, 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 of this Act.
    (h) Transfer, Assignment, or Sale of Rights.--(1) No transfer, 
assignment, or sale of rights granted by a permit issued 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) Such Secretary may allow a person holding a permit to transfer, 
assign, or sell rights under the permit to a successor, if the 
Secretary finds, in writing, that the successor--
            (A) is eligible to receive a permit in accordance with 
        section 205;
            (B) has submitted evidence of financial assurance 
        satisfactory under section 206; and
            (C) meets any other requirements specified by the 
        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 in such amount as may be 
established by such Secretary. Such amount shall be equal to the actual 
or anticipated cost to the Secretary or the Secretary of Agriculture, 
as appropriate, of reviewing and approving or disapproving such 
transfer, assignment, or sale, as determined by the Secretary of the 
Interior. All moneys received under this subsection shall be deposited 
in the Abandoned Locatable Minerals Mine Reclamation Fund established 
under title III of this Act.

SEC. 204. 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. 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) 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) 
                at 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.
            (2) A statement of whether a person referred to in 
        subparagraphs (A) through (D) of paragraph (1) 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 any 
                regulation under that Act at any site where surface 
                coal mining operations have occurred or are occurring.
            (3) A statement of any current or previous permits or plans 
        of operations issued under the Surface Mining Control and 
        Reclamation Act or the Federal Land Policy and Management Act.
            (4) 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.
            (5) The anticipated starting and termination dates of each 
        phase of the mineral activities proposed, including any planned 
        temporary cessation of operations.
            (6) 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.
            (7) A description of the biological resources in or 
        associated with the area subject to mineral activities, 
        including vegetation, fish and wildlife, riparian and wetland 
        habitats.
            (8) 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.
            (9) 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 pre-disturbance 
        monitoring sufficient to establish seasonal variations.
            (10) 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.
            (11) 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 and to 
        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.
            (12) 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.
            (13) Any measures to comply with any conditions on minerals 
        activities that may be required in the applicable land use plan 
        or any condition stipulated pursuant to section 209.
            (14) 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.
            (15) 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.
            (16) Evidence of appropriate financial assurance as 
        specified in section 206.
            (17) A description of the site security provisions designed 
        to protect from theft the locatable minerals, concentrates or 
        products derived therefrom which will be produced or stored on 
        a mining claim.
            (18) A full characterization of soils and geology in the 
        area to be affected by mineral activities.
            (19) A copy of the applicant's advertisement to be 
        published as required by section 403 (relating to public 
        participation).
    (c) Reclamation Plan Application Requirements.--The 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 reclamation measures proposed pursuant 
        to the requirements of section 207.
            (3) The engineering techniques to be used in 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, 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 reclamation plan can be accomplished.
            (C) The proposed mineral activities and condition of the 
        land, including the fish and wildlife resources and habitat 
        contained thereon, after the completion of mineral activities 
        and final reclamation conform to the land use plan applicable 
        to the area subject to mineral activities.
            (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 demonstrated 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 208.
            (F) The assessment of the probable cumulative impact of all 
        anticipated mining in the area on the hydrologic balance 
        specified in subsection (b)(10) has 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 206 (relating to financial assurance).
    (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 operating 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 208.
    (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.
    (g) Temporary Cessation of Operations.--(1) No operator conducting 
mineral activities under an operations permit in effect under this 
title may temporarily 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 provisions as prescribed by the Secretary 
concerned, including but not limited to the steps that shall be taken 
during the cessation of operations period 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 and, 
based upon a written finding, such Secretary may 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 of the Interior 
in such amount as may be established by such Secretary. 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 
the Secretary of the Interior. All moneys received under this 
subsection shall be deposited in the Abandoned Locatable Minerals Mine 
Reclamation Fund established under title III of this Act.
    (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 205;
            (B) has submitted evidence of financial assurance 
        satisfactory under section 206; 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 in such amount as may be 
established by such Secretary. Such amount shall be equal to the actual 
or anticipated cost to the Secretary or the Secretary of Agriculture of 
reviewing and approving or disapproving such transfer, assignment, or 
sale, as determined by the Secretary of the Interior. All moneys 
received under this subsection shall be deposited in the Abandoned 
Locatable Minerals Mine Reclamation Fund established under title III of 
this Act.

SEC. 205. 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 exploration permit or 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.

SEC. 206. 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, 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), section 
204(f), or section 204(h). The financial assurance shall cover all 
lands to be affected by mineral activities as described and depicted in 
the permit application.
    (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. The 
calculation of such amount shall take into account the maximum level of 
financial exposure which shall arise during the mineral activity.
    (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 subsection 207(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 204(h), but the financial assurance must 
otherwise be in compliance with this section. The Secretary concerned 
shall specify periodic times, or set a schedule, for reevaluating or 
adjusting the amount of financial assurance.
    (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 operator has declared that the 
        terms and conditions of any other applicable Federal 
        requirements, and State requirements applicable pursuant to 
        cooperative agreements under section 208, 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 207(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.--Where any discharge resulting from the mineral 
activities requires treatment in order to meet the applicable effluent 
limitations, the financial assurance shall includes 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, 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 407 requiring the claimholder or operator (or any person who 
controls the claimholder or operator) to correct the condition.

SEC. 207. 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, including fish and wildlife habitat 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 and shall use, with respect to 
this subsection and subsection (b), the best technology currently 
available. To the extent practicable, reclamation shall be conducted in 
a manner that does not increase the costs or likelihood of a removal or 
remedial action under section 101 of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 or a corrective action 
under the Solid Waste Disposal Act.
    (b) 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 for later use in 
        reclamation. 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 which meet the requirements 
        of paragraph (5) shall be stabilized and protected during 
        mineral activities so as 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 watershed 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 204(b)(10). 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 using the 
        technology standard referred to in subsection (a)(2) to prevent 
        where possible the formation of acidic, toxic or other 
        contaminated water. Where the formation of acidic, toxic or 
        other contaminated water occurs despite the use of such 
        technology standard, mineral activities shall be conducted 
        using such technology so as to minimize the formation of 
        acidic, toxic or other contaminated water.
            (C) Mineral activities shall prevent any 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.
            (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 204(b).
            (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 and revegetated 
        in accordance with paragraph (6).
            (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, 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 insure 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, 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) Fish and wildlife.--Fish and wildlife habitat in areas 
        subject to mineral activities shall be restored in a manner 
        commensurate with or superior to habitat conditions which 
        existed prior to the mineral activities, including such 
        conditions as may be prescribed by the Director, Fish and 
        Wildlife Service.
    (c) Application of Reclamation Standards to Exploration.--The 
provisions of this section shall apply to mineral exploration pursuant 
to a permit under this Act, except that paragraphs (5) and (6) of 
subsection (b) shall not apply during any interim periods between 
completion of the approved exploration and the commencement of further 
mineral activities, not to exceed 2 years, if the operator maintains a 
sufficient financial assurance to reclaim the disturbed surface should 
further mineral activities not be authorized. The Secretary concerned 
shall prescribe standards for interim stabilization and revegetation.
    (d) 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.
    (e) Definitions.--As used in this section:
            (1) The term ``best technology currently available'' means 
        equipment, devices, systems, methods, or techniques which have 
        demonstrated engineering and economic feasibility, success and 
        practicality. Within the constraints of the surface management 
        requirements of this Act, the Secretary, or for National Forest 
        System lands the Secretary of Agriculture, shall have the 
        discretion to determine the best technology currently available 
        on a case-by-case basis.
            (2) 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 or the 
        Uranium Mill Tailings Radiation Control Act.
            (3) The term ``ore piles'' means ore stockpiled for 
        beneficiation prior to the completion of mineral activities.
            (4) 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.
            (5) 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. 208. 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 207 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 206 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 404 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 law or 
regulation, or of 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 
the effective date of this Act, after which time the terms and 
conditions of any such agreement or understanding shall only be 
applicable to plans of operations approved by the Secretary concerned 
prior to the effective date of 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. 209. UNSUITABILITY REVIEW.

    (a) Authority.--(1) As provided for in this section, the Secretary 
of the Interior, in carrying out the Secretary's responsibilities under 
the Federal Land Policy and Management Act of 1976, and the Secretary 
of Agriculture, in carrying out the Secretary's responsibilities under 
the Forest and Rangeland Renewable Resources Planning Act of 1974, as 
amended by the National Forest Management Act of 1976, 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 which 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) which cannot be prevented 
by the imposition of conditions in the operations permit required under 
section 204 (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 quality 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.
            (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.
    (c) Permit Application Prior to Review.--(1) If an area covered by 
an application for a permit required under section 204, has not been 
reviewed pursuant to subsection (a) prior to submission of the 
application, the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, shall review the area that would be affected 
by the proposed mineral activities to determine, according to the 
provisions of subsection (b), whether the area is unsuitable for all 
types of mineral activities or conditionally suitable for certain types 
of mineral activities. Such review and determination shall precede the 
final decision on the permit application.
    (2) The Secretary concerned shall use such review in the next 
revision or significant amendment to the applicable land use plan to 
the extent necessary to reflect the unsuitability or conditional 
suitability of such lands.
    (d) 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 or and millsite located at such site under the general 
mining laws or converted under this Act, 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.
    (e) 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 to the review process under subsection (a).
            (B) The limitation of section 417 (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).
    (f) Exploration Reviews.--In conjunction with review of a permit 
application submitted pursuant to section 203, and upon request of the 
applicant, the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, shall review the area proposed to be affected 
by mineral activities to determine whether the area would be unsuitable 
or conditionally suitable for all or certain mineral activities.

SEC. 210. CERTAIN MINERAL ACTIVITIES COVERED BY OTHER LAW.

    This title shall not apply to any mineral activities which are 
subject to the Stock Raising Homestead Act.

    TITLE III--ABANDONED LOCAT- ABLE 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 105.
            (2) All moneys collected pursuant to section 106 (relating 
        to failure to comply), section 407 (relating to enforcement) 
        and section 405 (relating to citizens suits).
            (3) All permit fees and transfer fees received under 
        sections 203 and 204.
            (4) All donations by persons, corporations, associations, 
        and foundations for the purposes of this title.
            (5) All amounts referred to in section 306 (relating to 
        royalties and penalties for underreporting).
            (6) All other receipts from fees, royalties, penalties and 
        other sources collected under this Act.
    (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) Prevention, abatement, treatment and control of water 
        pollution created by abandoned mine drainage.
            (2) Reclamation and restoration of abandoned surface and 
        underground mined areas.
            (3) Reclamation and restoration of abandoned milling and 
        processing areas.
            (4) Backfilling, sealing, or otherwise controlling, 
        abandoned underground mine entries.
            (5) Revegetation of land adversely affected by past mineral 
        activities to prevent erosion and sedimentation and to enhance 
        wildlife habitat.
            (6) Control of surface subsidence due to abandoned 
        underground mines.
Moneys in the Fund shall also be available for purposes of compensation 
(and other payments) under section 422.
    (b) Priorities.--To the extent that moneys in the fund are in 
excess of the amount of compensation (and other payments) paid under 
section 422, 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 contaminates.
            (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 has 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, 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, 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 waters 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 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, 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.

SEC. 306. ROYALTY.

    (a) Reservation of Royalty.--Production of all locatable minerals 
from any mining claim located or converted under this Act, or mineral 
concentrates or products derived from locatable minerals from any 
mining claim located or converted under 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 claimholder and any operator to whom the 
claimholder has assigned the obligation to make royalty payments under 
the claim and any person who controls such claimholder 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 as 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 206 unless the Secretary notifies the operator that he or she 
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 (4)(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 
responsible for paying the royalty, the Secretary may assess a penalty 
of 10 percent of the amount of that underreporting.
    (4) For the purposes of this subsection, the term ``substantial 
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, or
            (B) such person had substantial authority for reporting 
        royalty on the value of the production on the basis on which it 
        was reported, or
            (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 Fund.
    (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 or converted under 
this section 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) Exception.--No royalty shall be payable under subsection (a) 
with respect to minerals processed at a facility by the same person or 
entity which extracted the minerals if an urban development action 
grant has been made under section 119 of the Housing and Community 
Development Act of 1974 with respect to any portion of such facility.
    (j) Definition.--For the proposes of this section, for any 
locatable mineral, the term ``net smelter return'' shall have the same 
meaning as the term defined in section 613(c)(1) of the Internal 
Revenue Code.
    (k) 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.

         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) 
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. PUBLIC PARTICIPATION REQUIREMENTS.

    (a) Operations Permit.--(1) Concurrent with submittal of an 
application for an operations permit under section 204 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. 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 an operations permit shall make copies of the 
complete permit application 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.

SEC. 404. 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 204(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, 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 must 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 407.

SEC. 405. CITIZENS SUITS.

    (a) In General.--Except as provided in subsection (b), any person 
having an interest which is or may be adversely affected 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 title II or section 404 
        of this Act or any regulation promulgated pursuant to title II 
        or section 404 of this Act or any term or condition of any 
        permit issued under title II of this Act; 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 title II or section 404 of this Act, or 
        to promulgate any regulation under title II or section 404 of 
        this Act, 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 406 may only be filed in a United States District Court within 
the circuit in which such action would be reviewable under section 406.
    (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 406 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 title 28 U.S.C. 1391.
    (d) Intervention; Notice.--(1) In any action under this section, 
the Secretary, or for National Forest System lands the Secretary of 
Agriculture, may intervene as a matter of right at any time. A judgment 
in an action under this section to which the United States is not a 
party shall not have any binding effect upon the United States.
    (2) Whenever an action is brought under this section the plaintiff 
shall serve a copy of the complaint on the Attorney General of the 
United States and on the Secretary, or for National Forest System lands 
the Secretary of Agriculture. No consent judgment shall be entered in 
an action brought under this section in which the United States is not 
a party prior to 45 days following the date on which a copy of the 
proposed consent judgment is submitted to the Attorney General and the 
Secretary, or for National Forest System lands the Secretary of 
Agriculture. During such 45-day period the Attorney General or such 
Secretary may submit comments on the proposed consent judgment to the 
court and parties or may intervene as a matter of right.
    (e) 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 prevailing 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.
    (f) 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 of the United States Code, under section 406 of this Act 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 of the 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 202(c).

SEC. 406. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Review by Secretary.--(1)(A) Any person issued a notice of 
violation or cessation order under section 407, 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 of receipt thereof, or as the case may be, within 30 days of such 
notice or order being modified, vacated or terminated.
    (B) Any person who is subject to a penalty assessed under section 
106, section 107(c), or section 407 may apply to the Secretary 
concerned for review of the assessment within 30 days of notification 
of such penalty.
    (C) Any person having an interest which is or may be adversely 
affected by a decision made by the Secretary or the Secretary of 
Agriculture under section 203, 204, 205, 206, 209, or 404(a)(3) may 
apply to such Secretary for review of the decision within 30 days after 
it is made.
    (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 407.
    (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 
407, 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 407 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 significant, 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 405.
    (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 sixtieth 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 28 
U.S.C. 1391 of the 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 405 (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. 407. 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, 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 
claimholder or operator (or any person who controls the claimholder 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 claimholder or operator (or any person who controls the 
claimholder 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 404.
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, 
but in no event shall such assessment exceed a 30-day period.
    (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, may 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 206;
            (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 205(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 be 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) Failure To Comply With Royalty Requirements.--(1) Any person 
who fails to comply with the requirements of section 306 or any 
regulation or order issued to implement section 306 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 or converted under this Act were a lease under that Act.
    (2) Any person who knowingly and willfully commits an act for which 
a civil penalty is provided in paragraph (1) 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) and any officer, agent, or 
employee of any such person.

SEC. 408. 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 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 
mill sites maintained under the general mining laws as to the 
requirements of sections 104, 105, and 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 mill site 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 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 209. 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) and 204(f) no later than 3 years after the date of enactment of 
this Act. For purposes of this paragraph, any 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) During the 5-year period referred to in subparagraph (A) the 
provisions of section 404 (relating to inspection and monitoring) and 
section 407 (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 November 3, 1993 and either a scoping 
document or an Environmental Assessment prepared for purposes of 
compliance with the National Environmental Policy Act of 1969 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 209. 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) and 204(f) no later than 3 years 
after the date of enactment of this Act. During such 5-year period the 
provisions of section 404 (relating to inspection and monitoring) and 
section 407 (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 or notice of intent 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 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 209(d)(2). In order to meet the requirements of title II, the 
person conducting mineral activities under such notice or notice of 
intent must apply for a permit under section 203 or 204 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 section 404 (relating to inspection and 
monitoring) and 407 (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. CLAIMS SUBJECT TO SPECIAL RULES.

    (a) Certain Claims Not Converted.--Notwithstanding any other 
provision of law, except as provided under subsection (c), an 
unpatented mining claim referred to in section 37 of the Mineral 
Leasing Act (30 U.S.C. 193) shall not be converted under section 104 of 
this Act until the Secretary determines that the claim was valid on the 
date of enactment of the Mineral Leasing Act of 1920 and has been 
maintained in compliance with the general mining laws.
    (b) Contest Proceedings.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall initiate contest proceedings 
challenging the validity of all unpatented claims referred to in 
subsection (a), including those claims for which a patent application 
has not been filed. If a claim is determined to be invalid, the 
Secretary shall promptly declare the claim to be null and void. If, as 
a result of such proceeding, a claim is determined valid, the claim 
shall be converted and thereby become subject to this Act's provisions 
on the date of the completion of the contest proceeding.
    (c) Oil Shale Claims.--(1) 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).
    (2) Section 2511(f) of the Energy Policy Act of 1992 (Public Law 
102-486) is amended as follows:
            (A) Strike ``as prescribed by the Secretary''.
            (B) Insert 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 1993''.

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, or the Solid Waste Disposal Act.
    (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 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 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 of the United States Code, in central and 
sufficient locations in the county, multi county, 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.

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 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 any copy any records, inspect any monitoring equipment or 
        method of operation required under this Act;
            (3) may engage in any work and to do all things necessary 
        or expedient to implement and administer the provisions of this 
        Act;
            (4) may, on any mining claim located or converted under 
        this Act, and without advance notice, stop and inspect any 
        motorized form of transportation that he 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 may 
        stop and inspect any motorized form of transportation which is 
        not on a claim site if he 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. LIMITATION ON PATENT ISSUANCE.

    (a) Mining Claims.--After January 5, 1993, no patent shall be 
issued by the United States for any mining claim located under the 
general mining laws or under this Act unless the Secretary determines 
that, for the claim concerned--
            (1) a patent application was filed with the Secretary on or 
        before January 5, 1993; and
            (2) 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.
If the Secretary makes the determinations referred to in paragraphs (1) 
and (2) 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) Mill Sites.--After January 5, 1993, no patent shall be issued 
by the United States for any mill site claim located under the general 
mining laws unless the Secretary determines that for the mill site 
concerned--
            (1) a patent application for such land was filed with the 
        Secretary on or before January 5, 1993; and
            (2) all requirements applicable to such patent application 
        were fully complied with by that date.
If the Secretary makes the determinations referred to in paragraphs (1) 
and (2) for any mill site 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. 418. 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. 419. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended as follows:
            (1) Insert ``(a)'' before the first sentence.
            (2) Insert ``mineral materials, including but not limited 
        to'' after ``varieties of'' in the first sentence.
            (3) Strike ``or cinders'' and insert in lieu thereof 
        ``cinders, and clay''.
            (4) Add 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 1993, 
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 1993, 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 
1993 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) insert ``and mineral material'' after 
        ``vegetative''.
            (2) In subsection (c) insert ``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. 420. 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 which are locatable minerals or 
minerals which would be locatable minerals if the legal and beneficial 
title to such minerals were held by the United States.

SEC. 421. COMPLIANCE WITH BUY AMERICAN ACT.

    No funds appropriated pursuant to this Act may be expended by an 
entity unless the entity agrees that in expending the funds the entity 
will comply with section 2 through 4 of the Act of March 3, 1933 (41 
U.S.C. 10a-10c), popularly known as the ``Buy American Act''.

SEC. 422. SENSE OF CONGRESS.

    In the case of any equipment or products purchased with funding 
provided under this Act, it is the sense of the Congress that such 
funding should be used to purchase only American-made equipment and 
products.

SEC. 423. PROHIBITION OF CONTRACTS.

    If it has been finally determined by a court of Federal agency that 
any person intentionally affixed a label bearing a ``Made in America'' 
inscription, or any inscription with the same meaning, to any product 
sold in or shipped to the United States that is not made in the United 
States, such person shall be ineligible to receive any contract or 
subcontract made with funds provided pursuant to this Act, pursuant to 
the debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48 of the Code of Federal 
Regulations.

SEC. 424. SEVERABILITY.

    If any provision of this Act or the applicability thereof to any 
person or circumstances is held invalid, the remainder of this Act and 
the application of such provision to other persons or circumstances 
shall not be affected thereby.

SEC. 425. AWARD OF COMPENSATION FOR TAKINGS FROM FUND.

    To the extent a court of competent jurisdiction, after 
adjudication, finds that Federal action undertaken pursuant to this Act 
effects a taking under the Fifth Amendment of the United States 
Constitution and enters a final judgment against the United States, the 
court shall award just compensation to the plaintiff, from the fund 
established under title III, subject to appropriation, together with 
appropriate reasonable fees and expenses to the extent provided by 
section 304 of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4654(c)). In any case in 
which the Attorney General effects a settlement of any proceeding 
brought under section 1346(a)(2) or 1491 of title 28 of the United 
States Code alleging that any Federal action undertaken pursuant to 
this Act effects a taking under the Fifth Amendment of the United 
States Constitution, the Attorney General shall use amounts available 
in the Fund subject to appropriations to pay any award necessary 
pursuant to such settlement.

SEC. 426. REPORT TO CONGRESS ON MINING CLAIMS IN THE UNITED STATES HELD 
              BY FOREIGN FIRMS.

    (a) Report.--Not later than one year after the date of enactment of 
this Act and annually thereafter, the Secretary of the Interior shall 
submit a report to the Congress describing the percentage of each 
mining claim held by a foreign firm.
    (b) Foreign Firm.--(1) For the purposes of this section, the term 
``foreign firm'' means any firm that is not a domestic firm.
    (2) For the purposes of paragraph (1), the term ``domestic firm'' 
means a business entity--
            (A) that is incorporated or organized in the United States;
            (B) that conducts business operations in the United States; 
        and
            (C) the assets of which at least 50 percent are held by 
        United States citizens, permanent resident aliens, or other 
        domestic firms.

            Passed the House of Representatives November 18, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

                      By Dallas L. Dendy, Jr.,

                                                Assistant to the Clerk.

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