[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 639 Introduced in Senate (IS)]

  1st Session
                                 S. 639

To provide for the disposition of locatable minerals on Federal lands, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 28 (legislative day, March 27), 1995

 Mr. Campbell (for himself and Mr. Johnston) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the disposition of locatable minerals on Federal lands, 
                        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) This Act may be referred to as the ``Locatable Mineral Mining 
Reform Act of 1995''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
           TITLE I--DISPOSITION OF LOCATABLE MINERAL DEPOSITS

Sec. 101. Mining claims.
Sec. 102. Lands open to location.
Sec. 103. Annual claim maintenance fee.
Sec. 104. Claim limitations.
Sec. 105. Continuation of mining claims and mill sites.
Sec. 106. Mineral patents.
                      TITLE II--MINERAL ACTIVITIES

Sec. 201. Definition.
Sec. 202. Notices and permits for mineral activities and claim 
                            locations.
Sec. 203. Permits for exploration activities.
Sec. 204. Mining permits.
Sec. 205. Financial assurances.
Sec. 206. Transfers, assignments, and sales of rights.
Sec. 207. Persons ineligible for permits.
Sec. 208. Operations and reclamation standards.
Sec. 209. Federal and State roles.
Sec. 210. Inspection.
Sec. 211. Enforcement.
Sec. 212. Administrative review.
Sec. 213. Judicial review.
                          TITLE III--ROYALTIES

Sec. 301. Royalties.
      TITLE IV--ABANDONED LOCATABLE MINERALS MINE RECLAMATION FUND

Sec. 401. Abandoned locatable minerals mine reclamation. 
Sec. 402. Use and objectives of the fund. 
Sec. 403. Eligible lands and waters. 
Sec. 404. Fund expenditures.
Sec. 405. Appropriations and spending authority.
                       TITLE V--TRANSITION RULES

Sec. 501. Transition rules for mining claims.
Sec. 502. Qualifications for fee simple patents.
Sec. 503. Transition rules for surface management.
                  TITLE VI--ADMINISTRATIVE PROVISIONS

Sec. 601. Effect on other laws.
Sec. 602. Miscellaneous.
Sec. 603. Purchasing power adjustment.
Sec. 604. Mineral materials.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Exploration.--The term ``exploration'' means the use of 
        methods and techniques causing more than minimal disturbance to 
        the environment in order to determine the presence and 
        characteristics of a locatable mineral, when such use is not 
        associated with mining, production, processing, beneficiation 
        or marketing of such mineral.
            (2) Federal land.--The term ``Federal land''--
                    (A) means land or an interest in land owned by the 
                United States open to the location of mining claims 
                under this Act; but
                    (B) for the purposes of title I, section 211 (b), 
                (c), (d), (e), and (f), section 212, and title III, 
                does not include land that is subject to the Act 
                entitled ``An Act to provide for stock-raising 
                homesteads, and for other purposes,'' approved December 
                29, 1916 (commonly known as the ``Stock Raising 
                Homestead Act'') (43 U.S.C. 291 et seq.) or land in 
                which only the mineral interest is reserved to the 
                United States.
            (3) General mining laws.--The term ``general mining laws'' 
        means--
                    (A) sections 910, 2318 through 2330, 2332 through 
                2340, and 2343 through 2346 of the Revised Statutes (30 
                U.S.C. 21, 22, 23, 26 through 28, 29, 30, 33 through 
                43, 46 through 48);
                    (B) the Mining and Minerals Policy Act of 1970 (30 
                U.S.C. 21a);
                    (C) the Act of April 26, 1882 (22 Stat. 49, chapter 
                106; 30 U.S.C. 25, 31);
                    (D) Public Law 85-876 (30 U.S.C. 28-1, 28-2);
                    (E) the Act of June 21, 1949 (63 Stat. 214, chapter 
                232; 30 U.S.C. 28b through 28e, 54);
                    (F) the Act of March 3, 1881 (21 Stat. 505, chapter 
                140; 30 U.S.C. 32);
                    (G) the Act of May 5, 1876 (19 Stat. 52, chapter 
                91; 30 U.S.C. 49);
                    (H) sections 15, 16, and 26 of the Act of June 6, 
                1900 (31 Stat. 327, 328, 329, chapter 786; 30 U.S.C. 
                49a, 49c, 49d);
                    (I) section 2 of the Act of May 4, 1934 (48 Stat. 
                663, chapter 211; 30 U.S.C. 49b);
                    (J) the Act of March 2, 1907 (34 Stat. 1243, 
                chapter 2559; 30 U.S.C. 49e, 49f);
                    (K) the Act of August 4, 1892 (27 Stat. 348, 
                chapter 375; 30 U.S.C. 161);
                    (L) the Act of January 31, 1901 (31 Stat. 745, 
                chapter 186; 30 U.S.C. 162);
                    (M) the Act of August 11, 1955 (69 Stat. 679, 
                chapter 795; 30 U.S.C. 541 et seq.); and
                    (N) the Mining Claims Rights Restoration Act of 
                1955 (30 U.S.C. 621 et seq.).
            (4) Locatable mineral.--The term ``locatable mineral''--
                    (A) means a mineral owned by the United States that 
                is not subject to disposition under any Federal statute 
                providing for the disposition of the mineral by lease 
                or sale; but
                    (B) does not include a mineral that is--
                            (i) held in trust by the United States for 
                        an Indian or an Indian tribe (as defined in 
                        section 2 of the Indian Mineral Development Act 
                        of 1982 (25 U.S.C. 2101)); or
                            (ii) owned by an Indian or an Indian tribe 
                        (as defined in that section) that is subject to 
                        a restriction against alienation imposed by the 
                        United States.
            (5) Mineral activity.--The term ``mineral activity'' means 
        an activity on Federal land for, related to, or incidental to 
        exploration, mining, production, beneficiation, processing, or 
        reclamation for any locatable mineral.
            (6) Mining claim.--The term ``mining claim'' means a tract 
        of Federal land or interest in land that--
                    (A) does not exceed 40 acres;
                    (B) contains a valuable mineral deposit that is 
                located for the purpose of carrying out exploration, 
                mining, production, or reclamation for--
                            (i) any locatable mineral situated within 
                        the tract or beneficiation and processing for 
                        any locatable mineral; or
                            (ii) any mineral that would otherwise be a 
                        locatable mineral if it were found on Federal 
                        land; and
                    (C) is derived in part from a mining claim that is 
                subject to this Act or patented under the general 
                mining laws or this Act.
            (7) National conservation system unit.--The term ``national 
        conservation system unit'' means a national park or monument, a 
        unit of the National Wildlife Refuge System, or a unit of the 
        National Wilderness Preservation System.
            (8) Operator.--The term ``operator'' means a person that 
        conducts mineral activity subject to this Act or an agent that 
        conducts mineral activity on behalf of such a person.
            (9) Person.--The term ``person'' means an individual, 
        Indian tribe, partnership, association, society, joint venture, 
        joint stock company, firm, company, limited liability company, 
        corporation, cooperative or other organization, and any 
        instrumentality of State or local government, including a 
        publicly owned utility or publicly owned corporation of a State 
        or local government.
            (10) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture with respect to 
                land under the jurisdiction of the Secretary of 
                Agriculture that is subject to the requirements of this 
                Act; and
                    (B) the Secretary of the Interior with respect to 
                all other land that is subject to the requirements of 
                this Act.

           TITLE I--DISPOSITION OF LOCATABLE MINERAL DEPOSITS

SEC. 101. MINING CLAIMS.

    (a) New Locations.--On and after the date of enactment of this Act, 
a mining claim may be located, on land or an interest in land owned by 
the United States open to location, only in accordance with this Act 
and with such provisions of the general mining laws as are not 
inconsistent with this Act.
    (b) Location of Claims.--
            (1) Definition.--In this subsection, the term ``eligible 
        person'' means a person who is 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.
            (2) Location.--An eligible person may locate a mining claim 
        for valuable locatable mineral deposits on land or an interest 
        in land owned by the United States open to the location of 
        mining claims by posting a notice of location disclosing--
                    (A) the person's name and address;
                    (B) the time of location (which shall be the date 
                and hour of location and posting); and
                    (C) a legal description of the claim.
            (3) Posting.--A notice of location shall be posted on a 
        suitable durable monument erected as near as practicable to the 
        northeast corner of the mining claim.
    (c) Use of Public Land Survey.--
            (1) In general.--Except as provided in paragraph (2)--
                    (A) a mining claim located under this Act shall--
                            (i) be located in accordance with the 
                        public land survey system; and
                            (ii) conform to the legal subdivisions of 
                        that system; and
                    (B) the legal description of the mining claim shall 
                be based on the public land survey system and its legal 
                subdivisions.
            (2) Exceptions.--
                    (A) Protracted survey.--If only a protracted survey 
                exists for the Federal land concerned--
                            (i) 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;
                            (ii) the mining claim shall be monumented 
                        on the ground by the erection of a conspicuous 
                        durable monument at each corner of the claim; 
                        and
                            (iii) the legal description of the mining 
                        claim shall include a reference to--
                                    (I) an existing survey monument; or
                                    (II) if no such monument can be 
                                found within a reasonable distance, to 
                                a permanent natural object.
                    (B) No survey.--If no survey exists for the Federal 
                land concerned--
                            (i) the mining claim shall be a regular 
                        square, with each side laid out in cardinal 
                        directions, that best approximates legal 
                        subdivisions;
                            (ii) the claim shall be monumented on the 
                        ground by the erection of a conspicuous durable 
                        monument at each corner of the claim; and
                            (iii) the legal description of the mining 
                        claim shall--
                                    (I) be expressed in metes and 
                                bounds;
                                    (II) include a reference to any 
                                existing survey monument, or where no 
                                such monument can be found within a 
                                reasonable distance, to a permanent 
                                natural object; and
                                    (III) be of sufficient accuracy and 
                                completeness to permit recording of the 
                                claim in the public land records and to 
                                permit the Secretary and other parties 
                                to find the claim on the ground.
    (d) Filing With Secretary.--Within 30 days after the location of a 
mining claim under this section, a copy of the notice of location 
described in subsection (b) shall be filed with the Secretary of the 
Interior in an office designated by the Secretary of the Interior.
    (e) Location Fee.--
            (1) In general.--On and after September 30, 1998, 
        notwithstanding any other law, for each unpatented mining claim 
        located after the date of enactment of this Act, the claimant 
        shall, at the time the location notice is recorded with the 
        Secretary of the Interior, pay a location fee of $25 per claim.
            (2) Interim provision.--Until September 30, 1998, an 
        unpatented mining claim located under this Act shall be subject 
        to section 10102 of the Omnibus Budget Reconciliation Act of 
        1993 (107 Stat. 406).
    (f) Date of Location.--A mining claim located under this Act shall 
be effective based upon as of the time of location.
    (g) Lands and Minerals Included in Claim.--
            (1) In general.--A mining claim located under this Act 
        shall include all lands and interests in lands owned by the 
        United States open to location within the boundaries of the 
        claim, subject to any prior claim.
            (2) Extension downward.--The boundaries of a mining claim 
        located under this Act shall extend vertically downward.
            (3) Right of possession and use.--
                    (A) In general.--A holder of a mining claim under 
                this Act and maintained in compliance with this Act 
                shall have the right of possession and use of the claim 
                and all other rights incident to a mining claim under 
                such provisions of the general mining laws as are not 
                inconsistent with this Act, including the right to use 
                the surface for mineral activities, subject to the 
                rights of the United States under this Act and other 
                Federal law.
                    (B) Termination.--The rights of a holder of a claim 
                under this Act shall terminate upon cessation of the 
                mineral activity described in section 106(4), including 
                completion of all reclamation required by this Act.
    (h) Mill Sites.--A mill site shall be subject to the requirements 
and limitations of this Act pertaining to mining claims and mineral 
activity, except that a mill site shall--
            (1) be no larger than 5 acres;
            (2) be located only on nonmineralized Federal land; and
            (3) be used only for the purposes of--
                    (A) storage of minerals and materials removed in 
                part from a mining claim subject to this Act or 
                patented under the general mining laws or this Act;
                    (B) beneficiation or processing of locatable 
                minerals (or any mineral that would otherwise be a 
                locatable mineral if it were found on Federal land) 
                that are derived in part from mining claims subject to 
                this Act or patented under the general mining laws or 
                this Act;
                    (C) reclamation; or
                    (D) a use that is reasonably incident to a use 
                described in subparagraph (A), (B), or (C).
    (i) Claim Conflicts.--A conflict between holders of mining claims 
shall be resolved in accordance with applicable Federal and State laws 
governing such conflicts, including the general mining laws and this 
Act, in a court of competent jurisdiction, including, as appropriate, a 
State court.
    (j) Disposition of Land.--If a mining claim is located under this 
Act for land that is encumbered by a prior mining claim or a mill site 
that is located under the general mining laws, the land or mill site 
shall become part of the claim located under this Act if the claim or 
mill site located under the general mining law is declared void under 
this section or otherwise.

SEC. 102. LANDS OPEN TO LOCATION.

    A mining claim may be located under this Act on Federal land if--
            (1) the land or interest in land was open to the location 
        of mining claims under the general mining laws on the day 
        preceding the date of enactment of this Act, unless 
        subsequently withdrawn; or
            (2) the land or interest in land is opened to the location 
        of mining claims on or after the date of enactment of this Act 
        by administrative action or by statute, unless subsequently 
        withdrawn.

SEC. 103. ANNUAL CLAIM MAINTENANCE FEE.

    (a) Fee.--
            (1) In general.--On and after October 1, 1998, the holder 
        of an unpatented mining claim (other than an unpatented mining 
        claim or mill site held only for reclamation) shall pay to the 
        Secretary of the Interior on or before August 31 of each year a 
        claim maintenance fee of--
                    (A) $100 for a claim located prior to March 28, 
                1995; and
                    (B) $200 for a claim located after March 28, 1995.
            (2) Relief for assessment work requirement.--Payment of a 
        claim maintenance fee under paragraph (1) shall relieve a claim 
        holder of the assessment work requirement of section 2324 of 
        the Revised Statutes (30 U.S.C. 28) and the related filing 
        requirements of section 314 (a) and (c) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)).
            (3) Interim provision.--For the period preceding October 1, 
        1998, an unpatented mining claim shall be subject to section 
        10101 of the Omnibus Budget Reconciliation Act of 1993 (107 
        Stat. 405).
            (4) Exception.--No claim maintenance fee shall be required 
        for a mining claim or mill site on which the only mineral 
        activity is reclamation.
    (b) Time of Payment.--Notwithstanding subsection (a), a claim 
maintenance fee payable for the initial assessment year in which a 
location is made shall be paid at the time the location notice is 
recorded with the Secretary of the Interior.
    (c) Waiver.--
            (1) In general.--The annual claim maintenance fee shall be 
        waived for a claimant that certifies in writing to the 
        Secretary of the Interior that on the date the payment was due, 
        the claimant and all related parties held not more than 10 
        mining claims.
            (2) Definition.--In paragraph (1):
                    (A) Related party.--The term ``related party'' 
                includes--
                            (i) the spouse and a dependent child (as 
                        defined in section 152 of the Internal Revenue 
                        Code of 1986) of the claimant; and
                            (ii) a person controlled by, controlling, 
                        or under common control with the claimant.
                    (B) Control.--As used in subparagraph (A), 
                ``control'' means having the ability, through actual 
                control, to determine the manner in which an entity 
                conducts mineral activities.
    (d) Co-Ownership.--
            (1) Notice.--Upon the failure of a co-owner of an 
        unpatented mining claim to contribute the co-owner's portion of 
        a claim maintenance fee, any co-owner who has paid the fee may, 
        after the payment due date, give the delinquent co-owner notice 
        of the failure--
                    (A) in writing; or
                    (B) by publication in the newspaper that is 
                published nearest the claim at least once a week for at 
                least 90 days.
            (2) Forfeiture for failure to contribute.--If, at the 
        expiration of 90 days after notice has been given under 
        paragraph (1), a delinquent co-owner fails to contribute the 
        co-owner's portion of a claim maintenance fee, the delinquent 
        co-owner's interest shall become the property of any co-owner 
        that paid the fee.
    (e) Credit Against Royalty.--The amount of the annual claim 
maintenance fee for any period shall be credited against the amount of 
royalty required to be paid under section 301 for the same period with 
respect to that claim.
    (f) Fee Adjustments.--
            (1) Notice.--The Secretary of the Interior shall provide a 
        claimant notice of any adjustment made under section 603 not 
        later than July 1 of any year in which the adjustment is made.
            (2) Applicability.--A fee adjustment under section 603 
        shall become applicable at the beginning of the calendar year 
        following the calendar year in which it is made.
    (g) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy 
Policy Act of 1992.--This section shall not apply to any oil share 
claims for which a fee is required to be paid under section 2511(e)(2) 
of the Energy Policy Act of 1992 (30 U.S.C. 242).

SEC. 104. CLAIM LIMITATIONS.

    (a) Failure To Comply.--
            (1) Forfeiture.--The failure of a claim holder to pay a 
        location fee or claim maintenance fee for a mining claim as 
        required by this title shall constitute forfeiture of the 
        mining claim, and such claim shall be void.
            (2) No relief from obligations.--Forfeiture shall not 
        relieve any person of any obligation created under this Act, 
        including reclamation.
    (b) Prohibition.--A claimant may not locate a new mining claim on 
the land or interest in land owned by the United States included in a 
mining claim forfeited by the claimant during the 12-month period 
following the date on which the claim is forfeited unless the claimant 
locates a new claim on that land or interest in land and pays a $50 
claim relocation fee, which relocation fee shall be in lieu of the 
location fee under section 101(e) and in addition to the claim 
maintenance fee under section 103.

SEC. 105. CONTINUATION OF MINING CLAIMS AND MILL SITES.

    (a) Mining Claims.--The continued use, occupancy, and retention of 
a mining claim subject to this Act shall be exclusively for mineral 
activity.
    (b) Mill Sites.--The continued use, occupancy, and retention of a 
mill site subject to this Act shall be only for the purposes stated in 
section 101(h)(3).

SEC. 106. MINERAL PATENTS.

    (a) In General.--Except as provided in section 502, a mineral 
patent issued on or after the date of enactment of this Act shall grant 
title to the locatable mineral estate only.
    (b) Terms and Conditions.--A mineral patent under subsection (a) 
shall--
            (1) reserve to the United States the title to the surface 
        and mineral estate, other than the locatable minerals, of the 
        land to be patented;
            (2) reserve to the United States the royalty required under 
        section 310;
            (3) include the right to use so much of the surface 
        overlying the patented mineral estate as may be reasonably 
        necessary for mineral activity, including all such rights that 
        the claimants would have under the general mining laws that, 
        subsequent to the date of enactment of this Act, are not 
        inconsistent with this Act, if the claim were not patented, 
        subject to the reclamation and enforcement provisions of this 
        Act and subject to the Multiple Mineral Development Act of 1954 
        (30 U.S.C. 521 et seq.), the Materials Act of 1947 (30 U.S.C. 
        601 et seq.), and the Surface Resources Act of 1955 (30 U.S.C. 
        611 et seq.); and
            (4) subject to subsection (c), reserve a reversionary 
        interest by which the patented mineral estate shall revert to 
        the United States after cessation of mineral activity for a 
        period of 5 consecutive years, not including any years during 
        which mineral activity is prohibited, suspended, or prevented 
        by governmental action or law.
    (c) Enforcement Actions and Withdrawals.--
            (1) In general.--An action may be taken under section 211 
        of this Act or a withdrawal may be made under section 204 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1714) following expiration of a 5-year period described in 
        subsection (b)(4).
            (2) Declaration of completion of activities.--The person 
        holding the patent may declare that mineral activities are 
        completed prior to the end of the 5-year period described in 
        subsection (b)(4), and the patented mineral estate shall revert 
        to the United States upon such a declaration.
            (3) Hearing.--Before a reversion under paragraph (2) 
        becomes effective, the person holding the patent may request a 
        hearing before the Secretary, and if, at the hearing, the 
        person demonstrates plans to continue mineral activity within 2 
        years after the end of the 5-year period described in 
        subsection (b)(4), the interest shall not revert to the United 
        States.
            (4) Extension.--The Secretary may grant an extension of the 
        5-year period described in subsection (b)(4), but the patented 
        mineral estate shall revert to the United States after 
        cessation of the mineral activity.
            (5) Reclamation.--Notwithstanding a reversion of a patented 
        mineral estate, the patentee and the patentee's successors or 
        assigns shall remain responsible for reclamation as required by 
        this Act and for all other applicable requirements.
            (6) Location.--Land that reverts to the United States under 
        this section shall remain open to the location of mining claims 
        and mill sites, unless withdrawn.

                      TITLE II--MINERAL ACTIVITIES

SEC. 201. DEFINITION.

    In this title, the term ``minimal disturbance'' means a minor, 
short-term alteration of the environment.

SEC. 202. NOTICES AND PERMITS FOR MINERAL ACTIVITIES AND CLAIM 
              LOCATIONS.

    (a) Notice of Intention To Operate.--
            (1) In general.--Except as provided in paragraph (2), a 
        person shall not engage in a mineral activity or claim location 
        activity that causes a minimal disturbance to the environment 
        unless the person has filed a notice of intention to operate 
        with the Secretary.
            (2) Less than minimal disturbance.--A person may engage in 
        a mineral activity or claim location activity that causes less 
        than a minimal disturbance to the environment without filing a 
        notice of intention under paragraph (1).
    (b) Permit.--A person shall not engage in a mineral activity or 
claim location activity that may cause more than a minimal disturbance 
to the environment unless the person obtains an exploration permit 
under section 203 or a mining permit under section 204 that authorizes 
the activity.

SEC. 203. PERMITS FOR EXPLORATION ACTIVITIES.

    (a) Application.--Prior to initiating an exploration activity on 
Federal land causing more than a minimal disturbance, a person shall 
apply for an exploration permit.
    (b) Requirements.--An application for an exploration permit under 
this section shall be submitted in a manner prescribed by the Secretary 
and shall contain--
            (1) an exploration plan;
            (2) a reclamation plan for the proposed exploration 
        activity demonstrating that the applicant will reclaim in 
        accordance with the reclamation provisions of this Act 
        (including possible modifications of such reclamation 
        provisions under subsection 208);
            (3) evidence of adequate financial assurance as may be 
        required under section 205;
            (4) documentation sufficient to demonstrate that the 
        proposed exploration activity will comply with applicable 
        Federal and State environmental laws and regulations; and
            (5) other relevant information that may be necessary to 
        satisfy the requirements of this Act.
    (c) Issuance.--
            (1) In general.--The Secretary shall approve a permit 
        application and issue an exploration permit if the application 
        is in compliance with the requirements of this Act, any 
        regulations promulgated pursuant to this Act, and other 
        applicable law.
            (2) Conditions.--The Secretary may reasonably condition the 
        approval of an exploration permit to satisfy the requirements 
        of this Act.
    (d) Mineral Removal.--An exploration permit shall not authorize the 
permit holder to remove any mineral for sale or to conduct any 
activities other than those required for exploration for locatable 
minerals and for reclamation.
    (e) Permit Modification.--
            (1) Application.--The holder of an exploration permit may 
        submit an application to modify the permit.
            (2) Determinations.--To approve a proposed modification to 
        an exploration permit, the Secretary shall make the same 
        determinations as are required in the case of an original 
        exploration permit unless the nature or limited extent of the 
        proposed modification makes it unnecessary.

SEC. 204. MINING PERMITS.

    (a) Permit Application Requirements.--An application for a mining 
permit shall be submitted in a manner prescribed by the Secretary and 
shall contain--
            (1) information describing the condition of the land and 
        water resources of the area before the commencement of mineral 
        activity;
            (2) an operations plan demonstrating that the applicant 
        will operate in accordance with the standards of this Act and 
        implementing regulations;
            (3) a reclamation plan for the proposed mineral activity 
        demonstrating that the applicant will reclaim in accordance 
        with the reclamation provisions of this Act;
            (4) evidence of adequate financial assurance under section 
        205;
            (5) documentation establishing that the applicant is 
        eligible to receive a permit under section 207;
            (6) documentation sufficient to demonstrate that the 
        proposed mineral activity will comply with applicable Federal 
        and State environmental laws and regulations; and
            (7) other relevant information that may be necessary to 
        satisfy the requirements of this Act.
    (b) Issuance.--
            (1) In general.--Subject to paragraph (3), the Secretary 
        shall approve a permit application and issue a mining permit if 
        the application is in compliance with the requirements of this 
        Act, any regulations promulgated pursuant to this Act, and 
        other applicable law.
            (2) Conditions.--The Secretary may reasonably condition the 
        approval of a mining permit to satisfy the requirements of this 
        Act.
            (3) National conservation system units.--In the case of an 
        application for a mining permit for mineral activity located in 
        close proximity to a national conservation system unit, the 
        Secretary shall approve the application and issue a mining 
        permit only if--
                    (A) the application is in compliance with the 
                requirements of this Act, any regulations promulgated 
                pursuant to this Act, and other applicable law; and
                    (B) the Secretary determines that conditions can be 
                imposed to ensure that--
                            (i) the proposed mineral activity will not 
                        significantly degrade the wildlife values of 
                        the national conservation system unit;
                            (ii) the noise and traffic impacts of the 
                        mineral activity will not significantly degrade 
                        the values for which the national conservation 
                        system unit was established; and
                            (iii) any adverse visual impacts associated 
                        with mineral activity will be minimized so as 
                        not to significantly degrade the values for 
                        which the national conservation system unit was 
                        established.
    (c) Permit Modification.--
            (1) Application.--The holder of a mining permit may submit 
        an application to modify the permit.
            (2) Determinations.--To approve a proposed modification to 
        a mining permit, the Secretary shall make the same 
        determinations as are required in the case of an original 
        mining permit unless the nature or limited extent of the 
        proposed modification makes it unnecessary.

SEC. 205. FINANCIAL ASSURANCES.

    (a) Evidence of Financial Assurance.--Prior to the commencement of 
any mineral activity requiring an exploration permit or mining permit, 
an applicant for a permit shall furnish evidence to the Secretary of a 
bond, surety, or other financial assurance (including the use of a 
bonding pool) in an amount determined by the Secretary that is not less 
than the estimated cost to complete reclamation as required by this 
Act.
    (b) Review of Assurance.--Not later than 5 years after a financial 
assurance is provided, and at least each 5 years thereafter, the 
Secretary shall review the financial assurance for adequacy under this 
section.
    (c) Adjustment.--The Secretary may adjust the amount of the 
required financial assurance upon a determination by the Secretary that 
a portion of the reclamation is completed as required by this Act.
    (d) Notice and Comment.--Prior to reduction in or final release of 
financial assurance, the Secretary shall provide public notice and 
opportunity for written comment.
    (e) Financial Assurance for Increments.--A financial assurance for 
an increment for mineral activity may be authorized if--
            (1) no mineral activity is allowed in addition to that for 
        which a financial assurance is posted under subsection (a);
            (2) the financial assurance for an increment covers all 
        reclamation costs within the permit area for that increment; 
        and
            (3) the amount and terms of the financial assurance for 
        each increment are reviewed annually.

SEC. 206. TRANSFERS, ASSIGNMENTS, AND SALES OF RIGHTS.

    (a) In General.--The approval of the Secretary shall be required 
prior to the transfer, assignment, or sale of rights under an 
exploration or mining permit.
    (b) Approval.--The Secretary shall approve the transfer, 
assignment, or sale of rights of an exploration or mining permit if--
            (1) the successor in interest agrees to assume the 
        liability and reclamation responsibilities (including the 
        financial assurance provisions under section 205) established 
        by the permit under this Act (without affecting the 
        transferor's liability under any other law); and
            (2) the requirements of section 207 are met.

SEC. 207. PERSONS INELIGIBLE FOR PERMITS.

    (a) Permit Violators.--The Secretary shall not issue an exploration 
permit or mining permit or approve the assignment, sale, or other 
transfer of a permit to any person, or to any other person that is 
controlled by or under common control with the person, during any 
period in which the person has failed to comply in any respect with a 
reclamation requirement or other standard established under this title 
for any permit issued previously to that person under this Act.
    (b) Notice.--Prior to making a determination that a person has 
failed to comply with a reclamation requirement or other standard, the 
Secretary shall provide notice and an opportunity to comply and shall 
consider whether any administrative or judicial appeal is pending.
    (c) Compliance.--If a person who has failed to comply comes into 
compliance with the requirement or standard concerned, a permit may be 
issued or an assignment, sale, or transfer approved.
    (d) Definition.--In this section, the term ``control'' means having 
the ability, through actual control, to determine the manner in which a 
person conducts mineral activity.

SEC. 208. OPERATIONS AND RECLAMATION STANDARDS.

    (a) Definition.--In this section, the term ``best technology 
currently available'' means equipment, devices, and methods that have 
demonstrated engineering and economic feasibility, success, and 
practicality, as determined by the Secretary on a case-by-case basis 
during the review process for an exploration permit or mining permit, 
under criteria established by the Secretary, in consultation with the 
States.
    (b) Operations.--A mineral activity on Federal land shall employ 
the best technology currently available to minimize adverse impact to 
the environment.
    (c) Reclamation.--Using the best technology currently available, an 
operator shall reclaim land on which mineral activity has been 
conducted to return the land to such a condition as will make the land 
capable of supporting the uses that the land supported prior to surface 
disturbance by the operator or to other beneficial uses that are 
consistent with the applicable Federal land use plan.
    (d) Monitoring.--The Secretary shall require an operator to develop 
and maintain appropriate monitoring and evaluation systems to monitor 
compliance with this section.
    (e) Regulations.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall develop regulations 
        establishing operating and reclamation standards for mineral 
        activity consistent with the standards in subsections (b) and 
        (c).
            (2) Consultation.--
                    (A) In general.--In developing regulations under 
                this subsection, the Secretary shall work in close 
                consultation with, and give careful consideration to, 
                the comments of the States that are affected by such 
                regulations.
                    (B) Inapplicability of faca.--The Federal Advisory 
                Committee Act (5 U.S.C. App.) shall not apply to the 
                participation by States in development of regulations, 
                cooperative agreements, guidelines, or other such 
                instruments.
            (3) State standards.--The regulations under this subsection 
        shall, to the maximum extent practicable, adopt the operations 
        and reclamation standards of a State, with respect to an 
        activity in that State, if such standards meet or exceed the 
        standards in subsections (b) and (c).
            (4) Regional and site-specific standards.--In developing 
        regulations this subsection, and in cooperative agreements, 
        guidelines, or such other instruments, the Secretary shall 
        establish regional and site-specific operating and reclamation 
        standards that--
                    (A) are consistent with the standards in 
                subsections (b) and (c); and
                    (B) take appropriate account of differences in 
                terrain, soils, vegetation, water resources, geology, 
                climate, wildlife populations, and other relevant 
                regional, site-specific, or mineral-specific factors.
            (5) Compliance with nepa.--Section 102 of the National 
        Environmental Policy Act (42 U.S.C. 4332) shall not apply to 
        the development or issuance of regulations under this 
        subsection.
            (6) Operating and reclamation standards.--The regulations 
        under this subsection shall set forth operating and reclamation 
        standards that provide for the following:
                    (A) Revegetation.--The area disturbed by mineral 
                activities shall be revegetated to establish a diverse, 
                effective, and permanent vegetative cover.
                    (B) Topsoil and other suitable growth media.--
                            (i) In general.--Except as provided in 
                        clause (ii), the operator shall remove topsoil 
                        or other growth media from the lands disturbed 
                        by mineral activities and segregated and stored 
                        for later use in revegetation during 
                        reclamation.
                            (ii) Media of poor quality.--If topsoil or 
                        growth media are of such poor quality as not to 
                        be reasonably effective in sustaining 
                        vegetation or if other strata or suitable 
                        growth media can be shown to be more suitable 
                        for vegetation requirements, the operator shall 
                        remove, segregate, and preserve, in a like 
                        manner, such other strata or suitable growth 
                        media as are best able to support vegetation.
                    (C) Structural stability.--
                            (i) Surface areas.--Surface areas disturbed 
                        by mineral activity, including spoil piles, 
                        shall be stabilized and protected so as to 
                        effectively control erosion and to otherwise 
                        comply with applicable air, water quality, 
                        toxic substance, solid waste, and other 
                        environmental laws.
                            (ii) Facilities.--Facilities such as basins 
                        and ditches shall be designed, constructed, and 
                        maintained where necessary to control 
                        sediments, erosion, and drainage of the area 
                        subject to mineral activity and to otherwise 
                        comply with air, water quality, toxic 
                        substance, solid waste, and other environmental 
                        laws.
                    (D) Grading and contouring.--Surface areas 
                disturbed by mineral activity shall be shaped, graded, 
                and contoured to blend with the surrounding topography 
                or to a final topography consistent with the post-
                mining land use pursuant to subsection (c), except that 
                backfilling of open pits shall not be required.
                    (E) Sealing.--All drill holes and underground 
                openings shall be sealed, filled, or otherwise 
                controlled.
                    (F) Transportation facilities.--All roads, 
                conveyors, buildings, and other associated facilities 
                not needed for public or governmental use shall be 
                removed or reclaimed, as appropriate.
                    (G) Leach pads.--Leach pads shall be neutralized 
                and stabilized to protect public health and safety, and 
                the environment.
                    (H) Fish and wildlife.--
                            (i) Fish and wildlife resources.--Measures 
                        shall be taken to protect fish and wildlife 
                        resources from portions of the area subject to 
                        mineral activity that are potentially harmful 
                        to fish and wildlife.
                            (ii) Fish and wildlife habitat.--All fish 
                        and wildlife habitat in areas subject to 
                        mineral activity shall be reclaimed, but the 
                        Secretary and the operator may agree that the 
                        operator may create or enhance off-site habitat 
                        to mitigate the effect of on-site impacts.
    (f) Surface and Ground Water Quality.--
            (1) Guidelines.--The Secretary, acting through the Director 
        of the United States Geological Survey, shall work with the 
        States to--
                    (A) study the impacts of mineral activities on 
                surface and ground water quality; and
                    (B) develop advisory guidelines that the States may 
                follow in the regulation of mineral activity.
            (2) Best technology currently available.--The Secretary 
        shall provide information concerning the best technology 
        currently available to minimize adverse impact to surface and 
        ground water quality.
    (g) Exploration.--The Secretary shall establish separate 
reclamation requirements for exploration permits based upon the extent 
and impact of exploration activities, and such separate requirements 
shall meet the standards in subsections (a), (b), and (d).
    (h) Effect on Other Laws.--
            (1) In general.--Nothing in this section shall be 
        construed--
                    (A) to supersede, modify, amend, or repeal any 
                other provision of Federal law, or State law or 
                regulation or program delegated pursuant thereto, that 
                is not expressly superseded, modified, amended, or 
                repealed by this section;
                    (B) to supersede any State law with respect to 
                water quantity; or
                    (C) to supersede any generally applicable law, 
                regulation, or requirement of any State relating to 
                surface management requirements to the extent that such 
                law, regulation, or requirement is at least as 
                stringent as the requirements of this section.
            (2) Construction of other laws.--Any generally applicable 
        State law or regulation relating to surface management that 
        meets or exceeds the requirements of this section shall be 
        construed to be consistent with the requirements of this 
        section.
            (3) Agency responsibilities.--Nothing in this section shall 
        be construed to alter, supersede, or limit the authorities or 
        responsibilities of any Federal agency under any other law or 
        to affect or modify in any way the obligation or liabilities of 
        any person under any other law.

SEC. 209. FEDERAL AND STATE ROLES.

    (a) Relation to State Law.--Any State reclamation, financial 
guarantee, or inspection standard or requirement that meets or exceeds 
the requirements of this Act shall be construed to be consistent with 
the requirements of this Act.
    (b) Cooperative Agreements.--
            (1) In general.--Upon request by a State, the Secretary 
        shall enter into a cooperative agreement with the State for 
        joint administration of the requirements of this Act relating 
        to permitting, operations, financial assurances, reclamation, 
        inspection, monitoring, and enforcement, and in accordance with 
        title IV, an abandoned mine land program, if the Secretary 
        determines in writing that--
                    (A) the terms of the cooperative agreement fully 
                comply with the requirements of this Act; and
                    (B) the State has the capability to carry out the 
                terms of the cooperative agreement, including 
                sufficient qualified administrative and technical 
                personnel and funding necessary to carry out the 
                agreement.
            (2) Coverage.--A cooperative agreement may cover some or 
        all of the responsibilities enumerated in this paragraph and 
        may cover some or all mineral activities within a State.
            (3) Permitting process.--
                    (A) In general.--Under a cooperative agreement, a 
                State and the Secretary may jointly permit mineral 
                activity affecting Federal lands.
                    (B) Lead agency.--The State and the Secretary may 
                decide that either the State or the Secretary shall be 
                the lead agency in the permitting process.
                    (C) Timely decisions.--The State may, and the 
                Secretary shall, make an independent and timely 
                decision regarding individual permit applications under 
                this Act.
            (4) Land use planning and siting of activities.--All 
        decisions and reviews regarding Federal land use planning and 
        the siting of mineral activities shall be made by the 
        Secretary.
            (5) Inspections, monitoring, and enforcement.--A 
        cooperative agreement shall provide that--
                    (A) the State may conduct inspections and 
                monitoring activities and take enforcement actions as 
                necessary to obtain compliance with the requirements of 
                this Act; and
                    (B) the Secretary or the State, or both the 
                Secretary and the State, shall conduct at least 1 
                complete inspection each year for mineral activity on 
                Federal land and take any enforcement action required 
                by this Act if a violation is observed during the 
                inspection.
            (6) Financial assurance.--
                    (A) Basis of calculation; bond.--Under a 
                cooperative agreement, the financial assurance for 
                reclamation shall be calculated based on the completion 
                of both Federal and State reclamation requirements, and 
                may be held as a single bond payable to both the United 
                States and the State.
                    (B) Approval and release.--
                            (i) Federal land.--The approval and release 
                        of a financial assurance shall be by the 
                        Secretary for Federal land, except when the 
                        mineral activity covered by the assurance also 
                        affects land other than Federal land, in which 
                        case the State shall concur in the approval and 
                        release of the assurance.
                            (ii) Other land.--The approval and release 
                        of a financial assurance shall be by a State 
                        for land other than Federal land, except when 
                        the mining activity covered by the assurance 
                        also affects land or an interest in Federal 
                        land, in which case the Secretary shall concur 
                        in the approval and release of the assurance.
            (7) Reimbursement of regulatory costs.--If a cooperative 
        agreement is entered into under this subsection, the Secretary 
        shall, subject to the availability of appropriations, reimburse 
        the State for its regulatory costs in an amount approximating, 
        but not exceeding, the amount that the Federal Government would 
        have expended for such regulation if the State had not entered 
        into the cooperative agreement.
            (8) Failure of performance.--
                    (A) In general.--A cooperative agreement under this 
                subsection shall provide that--
                            (i) the Secretary may take appropriate 
                        action, which may include termination of a 
                        cooperative agreement, upon a determination by 
                        the Secretary that State performance under the 
                        agreement is not in compliance with the 
                        agreement, this Act, or implementing 
                        regulations; and
                            (ii) prior to taking any such action, the 
                        Secretary shall provide notice to the State and 
                        the State shall have a reasonable time in which 
                        to comply with the agreement, this Act, or 
                        implementing regulations, as the case may be.
            (9) Termination by the state.--A State may terminate a 
        cooperative agreement under this subsection upon notice to the 
        Secretary.
    (c) Prior Agreements.--Any cooperative agreement or understanding 
between the Secretary and any State related to the surface management 
of mineral activity on land subject to this Act that was in existence 
on the date of enactment of this Act shall continue in force after the 
effective date of this Act to the extent that the agreement is 
consistent with the requirements of this Act.

SEC. 210. INSPECTION.

    (a) Annual Inspections.--
            (1) In general.--The Secretary (or in the case of a State 
        with which the Secretary has entered into a cooperating 
        agreement under section 209, the Secretary and the State, under 
        the terms of the cooperative agreement) shall conduct a 
        complete inspection of all mineral activity subject to a mining 
        permit at least once each year to ensure compliance with the 
        terms of the permit and the requirements of this Act.
            (2) Additional inspection.--The Secretary may conduct 
        inspections more frequently than once a year.
            (3) Seasonal activities.--The Secretary may modify the 
        inspection frequency for a mineral activity that is conducted 
        on a seasonal basis.
    (b) Revegetation.--After revegetation has been established in 
accordance with the approved plan, the Secretary shall conduct at least 
2 complete inspections annually until final release of the financial 
assurance.

SEC. 211. ENFORCEMENT.

    (a) Notices of Noncompliance; Civil Actions.--
            (1) Mandatory action.--Subject to paragraph (2), if the 
        Secretary finds that a person has failed to comply with a 
        surface management requirement under this Act, the Secretary 
        shall--
                    (A) issue a notice of noncompliance ordering the 
                person to comply with the requirement; or
                    (B) request the Attorney General to bring a civil 
                action in accordance with subsection (b).
            (2) Discretionary action.--
                    (A) In general.--The Secretary may, but is not 
                required to, issue a notice of noncompliance or bring a 
                civil action under paragraph (1) if--
                            (i) the failure to comply can be corrected 
                        within 30 days;
                            (ii) the failure to comply is not causing 
                        and is not likely to cause environmental harm;
                            (iii) the failure to comply is not 1 of a 
                        series of intermittent failures to comply; and
                            (iv) the Secretary has informed the 
                        operator of the failure to comply.
                    (B) Continued noncompliance.--In the case of a 
                continued existence of a failure to comply described in 
                subparagraph (A) for 30 days after the Secretary 
                informs the operator of its existence, the Secretary 
                shall file a notice of noncompliance or request the 
                Attorney General to bring a civil action in accordance 
                with subsection (b).
            (3) Contents of notice.--A notice of noncompliance under 
        paragraph (1)--
                    (A) shall state the nature of the failure to 
                comply;
                    (B) shall require compliance within a specified 
                period of time that the Secretary determines to be 
                reasonable; and
                    (C) may require specific abatement measures.
            (4) Extension of time.--The Secretary may extend the time 
        specified a notice of noncompliance for compliance for a period 
        of time that the Secretary determines to be reasonable, taking 
        into account the seriousness of the failure to comply and any 
        good faith efforts to comply with applicable requirements.
            (5) Order to cease activity.--If the Secretary finds that--
                    (A) a failure to comply has not been abated within 
                the time specified for compliance in a notice of 
                noncompliance; or
                    (B) a condition, practice, or failure to comply 
                with a surface management requirement is causing or can 
                reasonably be expected to cause an imminent danger to 
                the health or safety of the public or significant, 
                imminent harm to land, air, water, fish, or wildlife 
                resources,
        the Secretary shall immediately order cessation of all mineral 
        activities or of the mineral activity that is related to the 
        condition, practice, or failure to comply and shall order 
        abatement of the condition, practice, or failure to comply.
            (6) Failure to abate noncompliance.--If a person conducting 
        mineral activity subject to surface management requirement 
        under this Act fails to abate a material failure to comply or 
        defaults on a material term of a permit, the Secretary shall--
                    (A) effect a forfeiture of the financial assurance 
                for the permit as necessary to ensure abatement and 
                reclamation under this Act; or
                    (B) prescribe conditions under which a surety may 
                perform abatement or reclamation in accordance with the 
                approved plan.
    (b) Civil Actions.--At the request of the Secretary, the Attorney 
General may institute a civil action in the district court of the 
United States for any district in which the affected operation or 
defendant is located for a temporary restraining order, injunction, or 
other appropriate remedy to enforce any provision of this Act, any 
regulation or order issued under this Act, or any permit issued 
pursuant to this Act.
    (c) Civil Penalties.--
            (1) In general.--A person that fails to comply with any 
        provision of this Act or any permit, regulation, or order 
        issued under this Act, shall be liable for a civil penalty of 
        not more than $7,500 for each day of the continuance of the 
        failure.
            (2) Opportunity for corrective action; hearing.--
                    (A) In general.--No penalty shall be assessed under 
                paragraph (1) until the person charged with a failure 
                of compliance has been given--
                            (i) notice of the failure and a reasonable 
                        period of time in which to take corrective 
                        action; and
                            (ii) an opportunity for a hearing.
                    (B) Immediate assessment of penalty.--If a failure 
                described in paragraph (1) constitutes a threat of 
                serious, irreparable, or immediate harm or damage to 
                life (including fish and wildlife), property (including 
                a mineral deposit), or the environment, a civil penalty 
                may be assessed without allowing time for corrective 
                action under subparagraph (B)(i).
    (d) Criminal Penalties.--
            (1) Offense.--A person who knowingly and willfully--
                    (A) violates any provision of this Act or of any 
                permit, regulation, or order issued under this Act;
                    (B) makes a false statement, representation, or 
                certification or omits or conceals material information 
                in an application, record, report, or other document 
                filed or required to be maintained under this Act; or
                    (C) falsifies, tampers with, or renders inaccurate 
                or fails to utilize any monitoring device or method of 
                record required to be maintained under this Act,
        shall be fined under title 18, United States Code, imprisoned 
        not more than 2 years, or both.
            (2) Consideration of aggravating factors.--In determining 
        the punishment for a violation, a court shall consider, among 
        other things--
                    (A) in the case of a violation described in 
                paragraph (1)(A), whether the provision that was 
                violated was a provision designed to protect health, 
                safety, or the environment or conserve natural 
                resources or that is related to the collection of 
                royalties;
                    (B) in the case of a violation described in 
                paragraph (1) (B) or (C), the expense or difficulty of 
                detecting a violation of the kind concerned.
            (3) Continuing violation.--Each day that a violation under 
        paragraph (1) continues, or each day that any monitoring device 
        or data recorder remains inoperative or inaccurate because of 
        any activity described in paragraph (1)(C), shall constitute a 
        separate offense.
    (e) Liability of Corporate Officers and Agents for Violations by 
Corporation.--If a corporation or other entity commits an offense under 
subsection (d), any officer or agent of the corporation or entity who 
knowingly and willfully authorized, ordered, or carried out the offense 
shall be subject to the penalties prescribed by subsection (d).

SEC. 212. ADMINISTRATIVE REVIEW.

    (a) Notice of Noncompliance.--
            (1) In general.--A recipient of a notice of noncompliance 
        under section 211(a)(1) or any person that may become 
        ineligible to receive a permit as a result of the issuance of 
        the notice may apply to the Secretary for review of the notice 
        within 30 days after receipt of the notice, or, if the notice 
        is modified, within 30 days after receiving notice of the 
        modification.
            (2) Assessment of penalty.--Any person assessed a civil 
        penalty under this Act may apply to the Secretary for review of 
        the assessment within 30 days after receiving notice of the 
        assessment.
    (b) Hearing.--At the request of a recipient of a notice of 
noncompliance under section 211(a)(1) or of a person that may become 
ineligible to receive a permit as a result of the issuance of the 
notice, the Secretary shall provide an opportunity for a hearing on the 
record .
    (c) Temporary Relief.--
            (1) Request.--Pending completion of a review proceeding 
        under subsection (a), a recipient of a notice of noncompliance 
        under section 211(a)(1) or of a person that may become 
        ineligible to receive a permit as a result of the issuance of 
        the notice may file with the Secretary a written request that 
        the Secretary grant temporary relief from the notice, which 
        request shall include a detailed statement giving reasons why 
        granting such relief would be appropriate.
            (2) Expeditious order.--The Secretary shall expeditiously 
        issue an order granting or denying a request under paragraph 
        (1).

SEC. 213. JUDICIAL REVIEW.

    (a) Rulemaking.--
            (1) In general.--Any final action of the Secretary that 
        constitutes rulemaking to implement this Act shall be subject 
        to judicial review only in the United States Court of Appeals 
        for the District of Columbia.
            (2) Time for review.--A petition for review of a rulemaking 
        action under paragraph (1) shall be filed within 60 days after 
        the date of the action, or after that date if the petition is 
        based solely on grounds arising after the 60th day.
    (b) Other Agency Action.--A final agency action under this Act 
other than an action described in subsection (a) shall be subject to 
judicial review in the district courts of the United States on or 
before 60 days after the date of the action, or after that date if the 
petition is based solely on grounds arising after the 60th day.
    (c) Record.--The court shall hear any petition or complaint filed 
under this subsection solely on the record made before the Secretary.

                          TITLE III--ROYALTIES

SEC. 301. ROYALTIES.

    (a) Reservation of Royalty.--
            (1) In general.--Production of locatable minerals, 
        including mineral concentrates and products derived from 
        locatable minerals, shall be subject to the payment of a 
        royalty on the gross value of the first marketable product.
            (2) Gold.--The royalty on gold production subject to this 
        Act shall be 3 percent of the gross value of the first 
        marketable product.
            (3) Mineral other than gold.--
                    (A) In general.--The royalty on mineral production 
                subject to this Act other than gold production shall be 
                2 percent of the gross value of the first marketable 
                product.
                    (B) Waiver.--If the Secretary of the Interior 
                determines that the Secretary's cost of accounting for 
                and collecting a royalty for any mineral other than 
                gold exceeds or is likely to exceed the amount of 
                royalty to be collected, the Secretary shall waive the 
                royalty.
            (4) Effective date.--
                    (A) In general.--The royalty required under this 
                section shall take effect with respect to production on 
                or after the first day of the first month following the 
                date of enactment of this Act.
                    (B) Phase-in.--The royalty payments required under 
                this section shall be reduced--
                            (i) by 66\2/3\ percent for the first 12 
                        months following the date of enactment of this 
                        Act for which royalties are due on production 
                        pursuant to this Act; and
                            (ii) by 33\1/3\ percent for the second 12 
                        months for which royalties are due on 
                        production pursuant to this Act.
                    (C) Time for payment.--Any royalty payment 
                attributable to production during the first 12 calendar 
                months after the date of enactment of this Act, after 
                any reduction under paragraph (B), shall be due on the 
                date that is 12 months after the date of enactment of 
                this Act.
                    (D) No marketable quantity prior to date of 
                enactment.--For a claim, group of claims, or patents 
                comprising an operation that has not produced a 
                marketable quantity prior to the date of enactment of 
                this Act, the royalty payments required pursuant to 
                this section shall be reduced--
                            (i) by 66\2/3\ percent for the first 12 
                        months for which royalties are due on 
                        production pursuant to this Act; and
                            (ii) by 33\1/3\ percent for the second 12 
                        months for which royalties are due on 
                        production pursuant to this Act.
            (5) Royalty reduction for marginal operations.--
                    (A) Application.--A person that is required to make 
                a royalty payment under this section may apply to the 
                Secretary for a reduction in royalty if the payor can 
                demonstrate that payment of the royalty would preclude 
                recovery of costs of production (including invested 
                capital over the remaining life of the operation) for a 
                claim, group of claims, or patents comprising an 
                operation.
                    (B) Projected revenues.--For the purposes of an 
                application under subparagraph (A), projected revenues 
                shall be calculated using the operator's current and 
                projected rates of production at the average price for 
                the preceding 12 months.
                    (C) Definition.--In this paragraph, the term 
                ``costs of production'' means--
                            (i) operating and maintenance costs of 
                        mining, crushing, milling, smelting, refining, 
                        and transporting the production of a mining 
                        operation; and
                            (ii) depreciation and amortization, general 
                        and administrative costs, and taxes, that are 
                        directly attributable to that production.
                    (D) Costs exceeding revenues.--If the costs of 
                production for an operation exceed the projected 
                revenues, the Secretary shall waive in full the payment 
                of any royalty.
                    (E) Revenues exceeding costs.--If the revenues 
                projected for an operation exceed the costs of 
                production by less than the full royalty under this 
                section, the royalty rate shall be reduced in 
                accordance with the following:


                                                                        
------------------------------------------------------------------------
                                                           Royalty rate 
 Revenues net of costs as a percentage of total revenues     reduction  
                                                             (percent)  
------------------------------------------------------------------------
Less than 1%............................................             100
1% or more but less than 2%.............................              80
2% or more but less than 3%.............................              60
------------------------------------------------------------------------

                    (F) Time for final action on application.--Within 
                180 days after the filing of an application under 
                subparagraph (A), the Secretary shall take final action 
                determining whether the application meets the test 
                described in that subparagraph.
                    (G) Judicial review.--A determination by the 
                Secretary under subparagraph (F) shall be judicially 
                reviewable under section 702 of title 5, United States 
                Code, only for actions filed within 30 days after the 
                Secretary's determination.
                    (H) Annual filing of data.--If a reduction in 
                royalty is provided under this paragraph, the royalty 
                payor shall file cost and revenue data with the 
                Secretary annually during the period of royalty waiver 
                or reduction.
                    (I) Periodic review.--The Secretary shall review 
                the conditions that supported a reduction in royalty 
                not less often than every 5 years to determine whether 
                to continue, modify, or terminate the reduction.
                    (J) Suspension of filing requirement.--If the 
                Secretary determines that the conditions of a specific 
                operation so warrant, the Secretary may suspend the 
                requirement for an annual filing under subparagraph 
                (H).
                    (K) Further judicial review.--Any determination by 
                the Secretary to continue, modify, or terminate relief 
                shall be judicially reviewable only as provided in 
                subparagraph (F).
    (b) Duties of Claim Holders, Operators, and Transporters.--A person 
that is required to make a royalty payment under this section shall 
make the payment to the United States at such time and in such manner 
as the Secretary of the Interior may by rule prescribe.
    (c) Recordkeeping and Reporting Requirements.--
            (1) In general.--A claim holder, operator, or other person 
        directly involved in the conduct of mineral activity, 
        transportation, purchase, or sale of locatable minerals, 
        concentrates, or products derived therefrom that are 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 of the Interior may 
        reasonably require for the purposes of implementing this 
        section or determining compliance with rules or orders under 
        this section.
            (2) Disclosure.--At the request of any person duly 
        designated by the Secretary of the Interior conducting an audit 
        or investigation under this Act, the appropriate records, 
        reports, or information that may be required by this section 
        shall be made available for inspection and duplication by that 
        person.
            (3) Time period.--
                    (A) In general.--A record required by the Secretary 
                of the Interior under this section shall be maintained 
                for 6 years after the records are generated unless the 
                Secretary notifies the recordholder that the Secretary 
                has initiated an audit or investigation involving the 
                records and that the records must be maintained for a 
                longer period.
                    (B) Pending audit or investigation.--In any case in 
                which an audit or investigation is pending, a record 
                shall be maintained until the Secretary releases the 
                recordholder from the obligation to maintain the 
                records.
    (d) Interest Assessments.--If a royalty payment is not received by 
the Secretary of the Interior on the date on which the payment is due, 
or if the payment is made in an amount that is less than the amount 
due, the Secretary shall charge interest on the unpaid amount at the 
interest rate applicable under section 6621(a)(2) of the Internal 
Revenue Code of 1986.
    (e) Hearings and Investigations.--The authorities provided to the 
Secretary of the Interior under section 107 of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1717) shall be available to 
the Secretary of the Interior in carrying out this section.

      TITLE IV--ABANDONED LOCATABLE MINERALS MINE RECLAMATION FUND

SEC. 401. ABANDONED LOCATABLE MINERALS MINE RECLAMATION.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the Abandoned Locatable Minerals 
Mine Reclamation Fund (referred to in this title as the ``Fund'').
    (b) Administration.--The fund shall be administered by the 
Secretary of the Interior.
    (c) Amounts.--Amounts equal to the amounts of all royalties 
collected under this Act shall be transferred to the Fund.
    (d) Investments.--
            (1) Certification.--At least once annually, the Secretary 
        of the Interior shall submit to the Secretary of the Treasury a 
        certification stating the amount of any portion of the Fund 
        that is not, in the Secretary's judgment, needed to meet 
        current withdrawals.
            (2) Investment.--The Secretary of the Treasury shall invest 
        the portion of the Fund that, as certified by the Secretary of 
        the Interior, is not needed to meet current withdrawals, 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.
            (3) Income.--The income on such investments shall be 
        credited to the Fund.
    (e) Financial Reporting.--
            (1) In general.--The Secretary of the Interior, in 
        consultation with the Secretary of Agriculture, shall submit an 
        annual report to Congress and affected States and Indian 
        tribes.
            (2) Contents.--The report shall identify--
                    (A) receipts of the Fund, including the amount from 
                each State or Indian tribe or other source of receipts; 
                and
                    (B) expenditures from the Fund, including amounts 
                allocated to each State, Indian tribe, or Federal 
                agency, and projects undertaken.

SEC. 402. USE AND OBJECTIVES OF THE FUND.

    (a) In General.--In addition to the general purpose of carrying out 
this Act, as authorized by section 405(b), amounts in the Fund may be 
used for the purpose of conducting reclamation of land and water 
resources adversely affected by past mineral activity, including--
            (1) prevention, abatement, treatment, and control of water 
        pollution created by abandoned mine drainage;
            (2) reclamation of abandoned surface and underground mined 
        areas;
            (3) reclamation 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 enhance 
        wildlife habitat;
            (6) control of surface subsidence caused by the presence of 
        abandoned underground mines;
            (7) disbursement to the Secretary of Agriculture to 
        accomplish the purposes of this title; and
            (8) the making of grants to States and Indian tribes to 
        accomplish the purposes of this title, which may include 
        reasonable administrative expenses of each State or Indian 
        tribe to develop, establish, and administer its reclamation 
        plan and to carry out the purposes of this title.
    (b) Priorities.--
            (1) In general.--Expenditures from the Fund shall reflect 
        the following priorities, in the order stated except as 
        provided in paragraph (2).
                    (A) Extreme danger.--Protection of public health, 
                safety, general welfare, and property from extreme 
                danger from the adverse effects of past mineral 
                activity.
                    (B) Adverse effects.--Protection of public health, 
                safety, general welfare, and property from the adverse 
                effects of past mineral activity.
                    (C) Degradation.--The restoration of land, water, 
                and fish and wildlife resources degraded by the adverse 
                effects of past mineral activity.
            (2) Combination of priorities.--When it is feasible and 
        appropriate, a combination of the priorities stated in 
        paragraph (1) may be made in order to achieve more cost-
        effective full-site or full-drainage restoration.
            (3) Considerations.--In allocating expenditures from the 
        Fund to meet the priorities stated in paragraph (1), the 
        Secretary shall consider the geographic area from which revenue 
        was derived and the historic locatable minerals production of a 
        State or Indian tribe.
    (c) Other Affected Lands.--Where mineral exploration, mining, 
beneficiation, processing, or reclamation activity has been carried out 
on non-Federal land with respect to any mineral that would be a 
locatable mineral if the mineral were situated on Federal lands, the 
Secretary may make amounts in the Fund available to States and Indian 
tribes for reclamation under subsection (a) for all such non-Federal 
lands that directly affect Federal land or water resources.
    (d) Response Actions.--After appropriate consultation with the 
Administrator of the Environmental Protection Agency, the Secretary 
shall ensure that reclamation activities under this title are 
consistent with applicable Federal law.

SEC. 403. ELIGIBLE LANDS AND WATERS.

    (a) Eligibility.--
            (1) In general.--Reclamation expenditures under this title 
        may be made only with respect to Federal lands, Indian lands, 
        and other lands or water resources that traverse, are 
        contiguous to, or directly affect Federal or Indian lands or 
        water resources, where such lands or water resources--
                    (A) have been affected by past mineral exploration, 
                mining, beneficiation, processing, or reclamation 
                activity for locatable minerals or for any mineral that 
                would be a locatable mineral if the mineral were 
                situated on Federal lands; and
                    (B)(i) were used for or affected by mineral 
                exploration, mining, beneficiation, processing, or 
                reclamation activities for locatable minerals, or for 
                any mineral that would be a locatable mineral if the 
                mineral were situated on Federal lands, and abandoned 
                or left in an inadequate reclamation status before the 
                date of enactment date of this Act; and
                    (ii) are lands and water resources for which the 
                Secretary makes a determination that reclamation should 
                be undertaken notwithstanding any opportunities for 
                enforcement of continuing reclamation or remediation 
                responsibilities of a claim holder, operator, or other 
                person who abandoned the site prior to completion of 
                required reclamation under Federal or State law.
            (2) Purpose and effect of determination.--Any determination 
        under paragraph (1)(B)(ii) shall be made solely for the purpose 
        of determining eligibility of the site to receive monies from 
        the Fund and shall have no effect on the liability of any 
        person in an administrative or judicial action under any law.
    (b) Release of Financial Assurance.--
            (1) Effect of mineral activity.--The conduct of mineral 
        activity on land eligible for reclamation under this title 
        shall not affect the eligibility of the land for reclamation 
        under this title after the release of the financial assurance 
        for the mineral activity.
            (2) Forfeiture of financial assurance.--If the financial 
        assurance for mineral activity on land otherwise eligible for 
        reclamation is forfeited, funds available under this title may 
        be used if the amount of such financial assurance is not 
        sufficient to provide for adequate reclamation or abatement.
    (c) Recovered Funds.--
            (1) Use.--Any funds recovered by the Secretary under other 
        Federal or State law with regard to a site shall be used to 
        offset the cost of reclamation performed under this Act to the 
        extent expended at that site consistent with those laws, and 
        shall be deposited in the Fund.
            (2) Coordination.--To the extent that a cause of action 
        exists under State law under which either the Secretary or the 
        State affected may recover funds with regard to a site, the 
        Secretary shall coordinate with the State before initiating an 
        action.
    (d) Specific Sites and Areas Not Eligible.--Sites and areas 
designated for remedial action pursuant to the Uranium Mill Tailings 
Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or listed for 
remedial action pursuant to the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) shall 
not be eligible for expenditures from the Fund under this title.
    (e) Priority Reclamation Projects.--The Secretary of the Interior, 
in coordination with the Secretary of Agriculture for land under the 
jurisdiction of the Secretary of Agriculture, and in consultation with 
States, Indian tribes, and other Federal agencies, as appropriate, 
shall prepare and maintain an appropriate summary of priority 
reclamation projects intended to address the reclamation of abandoned 
locatable mineral mines on Federal land and abandoned mines on Indian 
land that may be eligible for expenditures under this title.

SEC. 404. FUND EXPENDITURES.

    (a) Expenditures.--
            (1) States and indian tribes.--
                    (A) Cooperative agreements; grants.--Amounts may be 
                expended from the Fund for the purposes specified in 
                section 402 by the Secretary through--
                            (i) cooperative agreements with States and 
                        Indian tribes for the purpose of carrying out 
                        specific reclamation projects; and
                            (ii) grants under subsection (b) or (c).
                    (B) Encouragement of cooperative agreements.--The 
                Secretary shall encourage cooperative reclamation 
                efforts with States and with Indian tribes.
            (2) Federal officers.--The Secretary of the Interior may 
        make amounts in the fund available for the purpose of carrying 
        out specific reclamation projects to the Director of the Bureau 
        of Land Management, the Director of the National Park Service, 
        Director of the United States Fish and Wildlife Service, or to 
        the head of any other agency of the United States.
            (3) Land under the jurisdiction of the secretary of 
        agriculture.--
                    (A) In general.--The Secretary of the Interior 
                shall make amounts in the fund available for the 
                purposes specified in section 402 to the Secretary of 
                Agriculture, who shall have sole authority to expend 
                moneys made available from the Fund for projects on 
                land under the jurisdiction of the Secretary of 
                Agriculture.
                    (B) Projects affecting land under the jurisdiction 
                of the secretary of agriculture.--The Secretary of the 
                Interior shall obtain the concurrence of the Secretary 
                of Agriculture for projects that directly affect land 
                under the jurisdiction of the Secretary of Agriculture.
                    (C) Projects affecting lands managed by the 
                secretary of the interior.--The Secretary of 
                Agriculture shall obtain the concurrence of the 
                Secretary of the Interior for projects on land under 
                the jurisdiction of the Secretary of Agriculture that 
                directly affect lands managed by the Secretary of the 
                Interior.
    (b) Grants to States and Indian Tribes With Approved Abandoned Mine 
Reclamation Programs.--In the case of a State or Indian tribe with an 
approved abandoned mine reclamation program under section 405 of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235), a 
grant to that State or Indian Tribe made pursuant to subsection (a) may 
be made as a supplement to a grant received by the State or Indian 
tribe under section 402(g)(1) of that Act (30 U.S.C. 1232(g)(1)).
    (c) Grants to States and Indian Tribes Without Approved Abandoned 
Mine Reclamation Programs.--
            (1) Submission of reclamation plans.--A State or Indian 
        tribe that does not qualify to receive a grant under subsection 
        (b) but has within its boundaries lands or waters that are 
        eligible lands or waters under section 404 of the Surface 
        Mining Control and Reclamation Act of 1977 (30 U.S.C. 1234) may 
        submit a reclamation plan to the Secretary of the Interior for 
        approval.
            (2) Approval.--If the Secretary of the Interior finds, in 
        accordance with standards set forth by regulation, that a State 
        or Indian tribe has the ability and the necessary legislation 
        to carry out a reclamation plan, the Secretary shall approve 
        the reclamation plan and make the State or Indian tribe 
        eligible to receive annual grants under this title.
            (3) Plans affecting land under the jurisdiction of the 
        secretary of agriculture.--Prior to approval of a plan that may 
        involve projects on land under the jurisdiction of the 
        Secretary of Agriculture, the Secretary of the Interior shall 
        obtain the concurrence of the Secretary of Agriculture.
    (d) Liability.--
            (1) In general.--No State, or a contractor for the State 
        engaged in approved reclamation work under this title, or any 
        other entity authorized by a State to conduct approved 
        reclamation activity, shall be liable under any Federal law for 
        any costs or damages as a result of action taken or omitted in 
        the course of carrying out reclamation pursuant to this section 
        unless the act or omission constitutes gross negligence or 
        intentional misconduct.
            (2) Gross negligence.--For the purposes of paragraph (1), 
        reckless, willful, or wanton misconduct constitutes gross 
        negligence.

SEC. 405. APPROPRIATIONS AND SPENDING AUTHORITY.

    (a) OBRA Receipts.--The Secretary and, for land under the 
jurisdiction of the Secretary of Agriculture, the Secretary of 
Agriculture, may, subject to the availability of appropriations, use 
the receipts of fees paid under sections 10101 and 10102 of the Omnibus 
Budget Reconciliation Act of 1993 (30 U.S.C. 28f, 28g) for payment of 
the costs of carrying out this Act.
    (b) Availability of Funds.--Amounts transferred and credited to the 
Fund under section 401 are appropriated for the purpose of carrying out 
this Act and are made available for expenditure by the Secretary of the 
Interior and, for land under the jurisdiction of the Secretary of 
Agriculture, by the Secretary of Agriculture.

                       TITLE V--TRANSITION RULES

SEC. 501. TRANSITION RULES FOR MINING CLAIMS.

    (a) New Claims.--Notwithstanding any other law, any mining claim 
that is located on or after the date of enactment of this Act shall be 
subject to--
            (1) this Act;
            (2) the Multiple Mineral Development Act of 1954 (30 U.S.C. 
        521 et seq.);
            (3) the Materials Act of 1947 (30 U.S.C. 601 et seq.); and
            (4) the Surface Resources Act of 1955 (30 U.S.C. 611-615).
    (b) Preexisting Claims.--
            (1) In general.--Except as provided in paragraph (2) and in 
        section 503, any unpatented mining claim, mill site, or tunnel 
        site that was located and maintained under the general mining 
        laws in effect on the day preceding the date of enactment of 
        this Act shall be subject to--
                    (A) the claim maintenance fee provisions set forth 
                in section 103; and
                    (B) the provisions of this Act as though it were a 
                mining claim under this Act.
            (2) Exception.--A mining claim, mill site, or tunnel site 
        described in subparagraph (A) shall not be subject to section 
        101(h)(2) or to the acreage limitation set forth in section 
        1(6) and there shall continue to be a distinction made as to 
        whether such a mining claim was originally located as a lode or 
        placer claim.

SEC. 502. QUALIFICATIONS FOR FEE SIMPLE PATENTS.

    (a) Mining Claims.--
            (1) Issuance of patents.--After the date of enactment of 
        this Act, patents shall be issued by the United States only 
        pursuant to section 106 of this Act unless, in the case of a 
        claim that was located and maintained under the general mining 
        laws (including the claim maintenance requirements of those 
        laws) in effect on the day preceding the date of enactment of 
        this Act--
                    (A) a patent application was filed by the claim 
                holder with the Secretary before the date of enactment 
                of this Act; and
                    (B) all requirements established under sections 
                2325 and 2326 of the Revised Statutes (30 U.S.C. 29, 
                30) for vein or lode claims and sections 2329, 2330, 
                2331, and 2333 of the Revised Statues (30 U.S.C. 35, 
                36, 37) for placer claims were fully complied with by 
                the applicant by that date.
            (2) Patent under prior law.--If the Secretary, before, on, 
        or after the date of enactment of this Act determines that an 
        applicant meets the requirements of subparagraph (1), the 
        applicant shall be entitled to the issuance of a patent in 
        accordance with the law in effect on the day preceding the date 
        of enactment of this Act.
    (b) Mill Sites.--
            (1) Issuance of patents.--After the date of enactment of 
        this Act, a patent for a mill site that was located and 
        maintained under the general mining laws in effect on the day 
        preceding the date of enactment of this Act and maintained in 
        accordance with section 103 shall be issued if--
                    (A) a patent application was filed by the claim 
                holder with the Secretary before the date of enactment 
                of this Act; and
                    (B) all requirements applicable to the patent 
                application were fully complied with by that date.
            (2) Patent under prior law.--If the Secretary, before, on, 
        or after the date of enactment of this Act determines that an 
        applicant meets the requirements of subparagraph (1), the 
        applicant shall be entitled to the issuance of a patent in 
        accordance with the law in effect on the day preceding the date 
        of enactment of this Act.

SEC. 503. TRANSITION RULES FOR SURFACE MANAGEMENT.

    (a) Plans of Operation or Notices Not Submitted on or After March 
27, 1995.--
            (1) In general.--Mineral activity for which a plan of 
        operations or a notice under the general mining laws have not 
        been filed prior to March 28, 1995, shall be subject to the 
        requirements and standards of title II.
            (2) Interim provision.--Until regulations to implement 
        sections 203, 204, 205, 206, 207, and 208 become effective, 
        mineral activity described in paragraph (1) shall be subject to 
        the law in effect prior to enactment of this Act, and 
        inspection and enforcement under sections 210 and 211 during 
        that period shall apply based upon standards applicable to such 
        activities prior to the enactment date of this Act.
            (3) Delayed effectiveness.--The Secretary shall determine 
        when regulations, or portions thereof, implementing sections 
        203, 204, 205, 206, 207, and 208 become effective, but in no 
        event shall the effective dates be later than 1 year following 
        publication of final rules in the Federal Register.
    (b) Plans of Operation or Notices Submitted or Approved Prior to 
March 27, 1995.--
            (1) Plans of operations.--
                    (A) Delay in application of act.--If a plan of 
                operations (including modifications or amendments made 
                thereto) was approved prior to March 28, 1995, for a 
                period of 6 years following the date of enactment of 
                this Act, mineral activity at the site shall be subject 
                to the plan of operations (including modifications or 
                amendments submitted or approved prior to March 28, 
                1995, and minor modifications or minor amendments made 
                after the date of enactment of this Act, approval of 
                which shall be determined in accordance with the law 
                applicable prior to enactment of this Act).
                    (B) Application of act.--After the 6-year period 
                described in subparagraph (A), the requirements of 
                title II and the provisions of paragraph (3) of this 
                subsection relating to variances shall apply to mineral 
                activity described in subparagraph (A).
            (2) Notices.--
                    (A) Delay in application of act.--If a notice was 
                submitted prior to March 28, 1995, for a period of 1 
                year following the effective date of regulations 
                implementing sections 203, 204, 205, 206, 207, and 208, 
                mineral activity at the site shall be subject to that 
                notice.
                    (B) Application of act.--After the 1-year period 
                described in subparagraph (A) the requirements of title 
                II and the provisions of paragraph (3) of this section 
                shall apply to mineral activity described in 
                subparagraph (A).
            (3) Compliance with this act.--
                    (A) Submission to the secretary.--Upon the 
                effective dates of regulations to implement sections 
                203, 204, 205, 206, 207, and 208, the operator shall 
                have 1 year in which to submit to the Secretary a 
                description of operation and reclamation measures being 
                undertaken at the site, together with an explanation 
                whether those operation and reclamation measures comply 
                with the standards of this Act and regulations 
                promulgated under this Act.
                    (B) Determination of no substantial compliance.--
                Upon a determination by the Secretary that the 
                reclamation measures of an operator are not in 
                substantial compliance with the standards implementing 
                title III, the operator shall--
                            (i) make the necessary changes by the date 
                        that is 6 years after the date of enactment of 
                        this Act, or, for operations conducted under 
                        notice, such lesser period as the Secretary may 
                        determine, in accordance with applicable 
                        procedures; or
                            (ii) apply for a variance from the 
                        reclamation requirements under this Act.
                    (C) Variances.--The Secretary shall grant a 
                variance if an operator demonstrates that the changes 
                necessary for compliance are economically or physically 
                impracticable, unless the Secretary determines that the 
                variance is likely to pose a significant threat to 
                public health or safety or to the environment.
            (4) Financial assurance.--
                    (A) Determination.--The Secretary shall determine 
                whether a financial assurance exists or is in 
                compliance with this Act during the period beginning on 
                the date of enactment of this Act and ending on the 
                date on which regulations implementing section 205 
                become effective.
                    (B) No financial assurance or financial assurance 
                not in compliance.--If the Secretary finds that 
                financial assurances do not exist or are not in 
                substantial compliance with this Act, the operator 
                shall, not later than 180 days after the date on which 
                regulations implementing section 205 become effective, 
                obtain and maintain a financial assurance that is in 
                substantial compliance with this Act.
    (c) Exclusion.--Claims for which the Secretary of the Interior has 
determined a right to patent under law existing prior to the date of 
enactment of this Act has vested under section 502 shall not be subject 
to title II or title III.

                  TITLE VI--ADMINISTRATIVE PROVISIONS

SEC. 601. EFFECT ON OTHER LAWS.

    (a) General Mining Laws.--This Act supersedes the general mining 
laws to the extent that those laws are inconsistent with this Act.
    (b) Other Laws.--Except for the general mining laws, nothing in 
this Act shall be construed to supersede, modify, amend, or repeal any 
other Federal law, or any State law that carries out a function 
delegated to the State under Federal law, that is not expressly 
superseded, modified, amended, or repealed by this Act.
    (c) Water Quantity Laws.--Nothing in this Act shall be construed to 
supersede any State law with respect to water quantity.
    (d) Laws Relating to Surface Management.--
            (1) No supersedure.--Nothing in this Act shall be construed 
        to supersede any generally applicable law, regulation, or 
        requirement of any State relating to surface management to the 
        extent that such law, regulation, or requirement is at least as 
        stringent as the requirements of this Act.
            (2) Consistency with this act.--Any generally applicable 
        surface management requirement in State law or regulation that 
        meets or exceeds the requirements of this Act shall be 
        construed to be consistent with the requirements of this Act.
    (e) Agency Responsibilities.--Nothing in this Act--
            (1) shall be construed to alter, supersede, or limit the 
        authorities or responsibilities of any Federal agency under any 
        other law; or
            (2) shall affect or modify in any way the obligations or 
        liabilities of any person under any such law.
    (f) Mineral Activity.--Nothing in this Act shall be construed to 
apply to or limit a mineral investigation, study, or other mineral 
activity conducted by any Federal or State agency acting in its 
governmental capacity pursuant to authority of other law.

SEC. 602. MISCELLANEOUS.

    (a) Regulations.--In carrying out the duties of the Secretary under 
this Act, each Secretary may issue such regulations as are necessary to 
carry out this Act.
    (b) Joint Regulations.--The Secretary of the Interior and the 
Secretary of Agriculture shall jointly issue regulations implementing 
provisions of this Act that apply to both Secretaries.
    (c) Consultation.--
            (1) In general.--The Secretary shall consult with States 
        that may be affected by regulations under this Act in the 
        development of such regulations prior to publication in the 
        Federal Register of proposed regulations.
            (2) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to consultation under subparagraph (A).

SEC. 603. PURCHASING POWER ADJUSTMENT.

    Except as otherwise provided in this Act, the Secretary shall 
adjust all fees, penalties, and other dollar amounts established in 
this Act for changes in the purchasing power of the dollar every 5 
years following the date of enactment of this Act, by an amount equal 
to the annual adjustment in the implicit price deflator for the Gross 
National Product established by the Secretary of Commerce.

SEC. 604. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Surface Resources Act of 1955 
(30 U.S.C. 611) is amended--
            (1) by striking ``No deposit'' and inserting ``(a) 
        Varieties of Minerals Not Deemed Valuable Mineral Deposits.--No 
        deposit'';
            (2) in the first sentence, by striking ``or cinders'' and 
        inserting ``cinders, or clay''; and
            (3) by adding at the end the following new subsection:
    ``(b) Disposal.--
            ``(1) In general.--Subject to valid existing rights, after 
        the date of enactment of this subsection, deposits of minerals 
        referred to in subsection (a) (except deposits of bentonite and 
        gypsum) shall be subject to disposal under the terms and 
        conditions of the Materials Act of 1947 (30 U.S.C. 601 et 
        seq.).
            ``(2) Definition.--In paragraph (1), the term `valid 
        existing right' means a mining claim located for a mineral 
        material that--
                    ``(A) has a property that gives the claim distinct 
                and special value as described in subsection (a), 
                including so-called `block pumice' as described in 
                subsection (a);
                    ``(B) was properly located and maintained under the 
                general mining laws on the date of enactment of this 
                subsection;
                    ``(C) was supported by a discovery of a valuable 
                mineral deposit within the meaning of the general 
                mining law on the date of enactment of this subsection; 
                and
                    ``(D) continues to be valid.''.
    (b) Minerals Materials Subject to Right of the United States for 
Disposal and Severance.--Subsections (b) and (c) of section 4 of the 
Surface Resources Act of 1955 (30 U.S.C. 612) are each amended by 
inserting ``and mineral material'' after ``vegetative'' each place it 
appears.
    (c) Conforming Amendment.--The first sentence of section 1 of the 
Materials Act of 1947 (30 U.S.C. 601) is amended by striking ``common 
varieties of''.
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