[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4748 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4748

 To modify the requirements applicable to locatable minerals on public 
  domain lands, consistent with the principles of self-initiation of 
                 mining claims, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2002

 Mr. Rahall (for himself, Mr. Shays, Mr. George Miller of California, 
Mr. Markey, Mr. Kind, Mr. Inslee, Mr. Udall of New Mexico, Mr. Udall of 
 Colorado, Mr. Pallone, and Mr. Faleomavaega) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To modify the requirements applicable to locatable minerals on public 
  domain lands, consistent with the principles of self-initiation of 
                 mining claims, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Mineral 
Exploration and Development Act of 2002''.
    (b) Table of Contents.--

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

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

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

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

                 Subtitle A--Administrative Provisions

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

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

SEC. 2. DEFINITIONS AND REFERENCES.

    (a) Definitions.--As used in this Act:
            (1) The term ``affiliate'' means with respect to any 
        person, any of the following:
                    (A) Any person who controls, is controlled by, or 
                is under common control with such person.
                    (B) Any partner of such person.
                    (C) Any person owning at least 10 percent of the 
                voting shares of such person.
            (2) The term ``applicant'' means any person applying for a 
        permit under this Act or a modification to or a renewal of a 
        permit under this Act.
            (3) The term ``beneficiation'' means the crushing and 
        grinding of locatable mineral ore and such processes as are 
        employed to free the mineral from other constituents, including 
        but not necessarily limited to, physical and chemical 
        separation techniques.
            (4) The term ``claim holder'' means a person holding a 
        mining claim located or converted under this Act. Such term may 
        include an agent of a claim holder.
            (5) The term ``control'' means having the ability, directly 
        or indirectly, to determine (without regard to whether 
        exercised through one or more corporate structures) the manner 
        in which an entity conducts mineral activities, through any 
        means, including without limitation, ownership interest, 
        authority to commit the entity's real or financial assets, 
        position as a director, officer, or partner of the entity, or 
        contractual arrangement. The Secretary and the Secretary of 
        Agriculture shall jointly promulgate such rules as may be 
        necessary under this paragraph.
            (6) The term ``exploration'' means those techniques 
        employed to locate the presence of a locatable mineral deposit 
        and to establish its nature, position, size, shape, grade and 
        value not associated with mining, beneficiation, processing or 
        marketing of minerals.
            (7) The term ``Indian lands'' means lands held in trust for 
        the benefit of an Indian tribe or individual or held by an 
        Indian tribe or individual subject to a restriction by the 
        United States against alienation.
            (8) The term ``Indian tribe'' means any Indian tribe, band, 
        nation, pueblo, or other organized group or community, 
        including any Alaska Native village or regional corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 and following), which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            (9) The term ``land use plans'' means those plans required 
        under section 202 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1712) or the land management plans for 
        National Forest System units required under section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604), whichever is applicable.
            (10) The term ``legal subdivisions'' means an aliquot 
        quarter quarter section of land as established by the official 
        records of the public land survey system, or a single lot as 
        established by the official records of the public land survey 
        system if the pertinent section is irregular and contains 
        fractional lots, as the case may be.
            (11)(A) The term ``locatable mineral'' means any mineral, 
        the legal and beneficial title to which remains in the United 
        States and which is not subject to disposition under any of the 
        following:
                    (i) The Mineral Leasing Act (30 U.S.C. 181 and 
                following).
                    (ii) The Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 and following).
                    (iii) The Act of July 31, 1947, commonly known as 
                the Materials Act of 1947 (30 U.S.C. 601 and 
                following).
                    (iv) The Mineral Leasing for Acquired Lands Act (30 
                U.S.C. 351 and following).
            (B) The term ``locatable mineral'' does not include any 
        mineral held in trust by the United States for any Indian or 
        Indian tribe, as defined in section 2 of the Indian Mineral 
        Development Act of 1982 (25 U.S.C. 2101), or any mineral owned 
        by any Indian or Indian tribe, as defined in that section, that 
        is subject to a restriction against alienation imposed by the 
        United States.
            (12) The term ``millsite claim'' means a claim to public 
        land that--
                    (A) does not exceed 5 acres for each 20 acres of 
                mining claim for a vein or lode;
                    (B) is noncontiguous to such vein or lode; and
                    (C) is needed by a mining claim holder for mining, 
                milling, processing, beneficiation, or other similar 
                operations in connection with the mining claim.
            (13) The term ``mineral activities'' means any activity on 
        Federal lands for, related to, or incidental to, mineral 
        exploration, mining, beneficiation, processing, or reclamation 
        activities for any locatable mineral.
            (14) The term ``minimize'' means to reduce the adverse 
        impact of an operation to the lowest practical level.
            (15) The term ``mining'' means the processes employed for 
        the extraction of a locatable mineral from the earth.
            (16) The term ``National Conservation System unit'' means 
        any unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, National Trails 
        System, or a National Conservation Area, National Recreation 
        Area, a National Monument or any unit of the National 
        Wilderness Preservation System.
            (17) The term ``operator'' means any person, conducting 
        mineral activities subject to this Act or any agent of such a 
        person.
            (18) The term ``person'' means an individual, Indian tribe, 
        partnership, association, society, joint venture, joint stock 
        company, firm, company, corporation, cooperative, or other 
        organization and any instrumentality of State or local 
        government including any publicly owned utility or publicly 
        owned corporation of State or local government.
            (19) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare locatable mineral ore into 
        the final marketable product, including but not limited to, 
        smelting and electrolytic refining.
            (20) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (21) The term ``surface management requirements'' means the 
        requirements and standards of title II, and such other 
        standards as are established by the Secretary governing mineral 
        activities pursuant to this Act.
    (b) References.--(1) Any reference in this Act to the term 
``general mining laws'' is a reference to those Acts which generally 
comprise chapters 2, 12A, and 16, and sections 161 and 162 of title 30 
of the United States Code.
    (2) Any reference in this Act to the ``Act of July 23, 1955'', is a 
reference to the Act of July 23, 1955, entitled ``An Act to amend the 
Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for 
multiple use of the surface of the same tracts of the public lands, and 
for other purposes'' (30 U.S.C. 601 and following).

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

SEC. 101. LANDS OPEN TO LOCATION.

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

SEC. 102. RIGHTS UNDER THIS ACT.

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

SEC. 103. CLAIM MAINTENANCE REQUIREMENTS.

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

SEC. 104. LOCATION FEE.

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

SEC. 105. CO-OWNERSHIP.

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

SEC. 106. OTHER REQUIREMENTS.

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

SEC. 107. FEE ADJUSTMENTS.

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

SEC. 108. USE OF FEES.

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

SEC. 109. PROHIBITION.

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

SEC. 110. FAILURE TO COMPLY.

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

SEC. 111. LIMITATION ON PATENTS.

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

SEC. 112. ROYALTY.

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

   TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 201. SURFACE MANAGEMENT STANDARD.

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

SEC. 202. PERMITS.

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

SEC. 203. OPERATIONS PERMIT.

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

SEC. 204. PERSONS INELIGIBLE FOR PERMITS.

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

SEC. 205. FINANCIAL ASSURANCE.

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

SEC. 206. OPERATION AND RECLAMATION.

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

SEC. 207. STATE LAW AND REGULATION.

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

SEC. 208. UNSUITABILITY REVIEW.

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

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

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

     TITLE III--ABANDONED LOCATABLE MINERALS MINE RECLAMATION FUND

SEC. 301. ABANDONED LOCATABLE MINERALS MINE RECLAMATION.

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

SEC. 302. USE AND OBJECTIVES OF THE FUND.

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

SEC. 303. ELIGIBLE LANDS AND WATERS.

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

SEC. 304. FUND EXPENDITURES.

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

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

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

         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

                 Subtitle A--Administrative Provisions

SEC. 401. POLICY FUNCTIONS.

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

SEC. 402. USER FEES.

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

SEC. 403. INSPECTION AND MONITORING.

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

SEC. 404. CITIZENS SUITS.

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

SEC. 405. ADMINISTRATIVE AND JUDICIAL REVIEW.

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

SEC. 406. ENFORCEMENT.

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

SEC. 407. REGULATIONS; EFFECTIVE DATES.

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

                  Subtitle B--Miscellaneous Provisions

SEC. 411. TRANSITIONAL RULES; SURFACE MANAGEMENT REQUIREMENTS.

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

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

    (a) The provisions of section 411 shall apply to oil shale claims 
referred to in section 2511(e)(2) of the Energy Policy Act of 1992 
(Public Law 102-486).
    (b) Section 2511(f) of the Energy Policy Act of 1992 (Public Law 
102-486) is amended as follows:
            (1) By striking ``as prescribed by the Secretary''.
            (2) By inserting the following before the period: ``in the 
        same manner as if such claims were subject to title II of the 
        Mineral Exploration and Development Act of 2002''.

SEC. 413. PURCHASING POWER ADJUSTMENT.

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

SEC. 414. SAVINGS CLAUSE.

    (a) Special Application of Mining Laws.--Nothing in this Act shall 
be construed as repealing or modifying any Federal law, regulation, 
order, or land use plan, in effect prior to the date of enactment of 
this Act that prohibits or restricts the application of the general 
mining laws, including laws that provide for special management 
criteria for operations under the general mining laws as in effect 
prior to the date of enactment of this Act, to the extent such laws 
provide environmental protection greater than required under this Act, 
and any such prior law shall remain in force and effect with respect to 
claims located (or proposed to be located) or converted under this Act. 
Nothing in this Act shall be construed as applying to or limiting 
mineral investigations, studies, or other mineral activities conducted 
by any Federal or State agency acting in its governmental capacity 
pursuant to other authority. Nothing in this Act shall affect or limit 
any assessment, investigation, evaluation, or listing pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 and following), or the Solid Waste Disposal Act 
(42 U.S.C. 3251 and following).
    (b) Effect on Other Federal Laws.--The provisions of this Act shall 
supersede the general mining laws, but, except for the general mining 
laws, nothing in this Act shall be construed as superseding, modifying, 
amending, or repealing any provision of Federal law not expressly 
superseded, modified, amended, or repealed by this Act. Nothing in this 
Act shall be construed as altering, affecting, amending, modifying, or 
changing, directly or indirectly, any law which refers to and provides 
authorities or responsibilities for, or is administered by, the 
Environmental Protection Agency or the Administrator of the 
Environmental Protection Agency, including the Federal Water Pollution 
Control Act, title XIV of the Public Health Service Act (the Safe 
Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of 
1990, the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic 
Act, the Motor Vehicle Information and Cost Savings Act, the Federal 
Hazardous Substances Act, the Endangered Species Act of 1973, the 
Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste 
Disposal Act, the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, the Superfund Amendments and Reauthorization 
Act of 1986, the Ocean Dumping Act, the Environmental Research, 
Development, and Demonstration Authorization Act, the Pollution 
Prosecution Act of 1990, and the Federal Facilities Compliance Act of 
1992, or any statute containing an amendment to any of such Acts. 
Nothing in this Act shall be construed as modifying or affecting any 
provision of the Native American Graves Protection and Repatriation Act 
(Public Law 101-601) or any provision of the American Indian Religious 
Freedom Act (42 U.S.C. 1996).
    (c) Protection of Conservation Areas.--In order to protect the 
resources and values of National Conservation System units, the 
Secretary, as appropriate, shall utilize authority under this Act and 
other applicable law to the fullest extent necessary to prevent mineral 
activities within the boundaries of such units that could have an 
adverse impact on the resources or values for which such units were 
established.

SEC. 415. AVAILABILITY OF PUBLIC RECORDS.

    Copies of records, reports, inspection materials, or information 
obtained by the Secretary or the Secretary of Agriculture under this 
Act shall be made immediately available to the public, consistent with 
section 552 of title 5, United States Code, in central and sufficient 
locations in the county, multicounty, and State area of mineral 
activity or reclamation so that such items are conveniently available 
to residents in the area proposed or approved for mineral activities 
and on the Internet.

SEC. 416. MISCELLANEOUS POWERS.

    (a) In General.--In carrying out his or her duties under this Act, 
the Secretary, or for National Forest System lands the Secretary of 
Agriculture, may conduct any investigation, inspection, or other 
inquiry necessary and appropriate and may conduct, after notice, any 
hearing or audit, necessary and appropriate to carrying out his or her 
duties.
    (b) Ancillary Powers.--In connection with any hearing, inquiry, 
investigation, or audit under this Act, the Secretary, or for National 
Forest System lands the Secretary of Agriculture, is authorized to take 
any of the following actions:
            (1) Require, by special or general order, any person to 
        submit in writing such affidavits and answers to questions as 
        the Secretary concerned may reasonably prescribe, which 
        submission shall be made within such reasonable period and 
        under oath or otherwise, as may be necessary.
            (2) Administer oaths.
            (3) Require by subpoena the attendance and testimony of 
        witnesses and the production of all books, papers, records, 
        documents, matter, and materials, as such Secretary may 
        request.
            (4) Order testimony to be taken by deposition before any 
        person who is designated by such Secretary and who has the 
        power to administer oaths, and to compel testimony and the 
        production of evidence in the same manner as authorized under 
        paragraph (3) of this subsection.
            (5) Pay witnesses the same fees and mileage as are paid in 
        like circumstances in the courts of the United States.
    (c) Enforcement.--In cases of refusal to obey a subpoena served 
upon any person under this section, the district court of the United 
States for any district in which such person is found, resides, or 
transacts business, upon application by the Attorney General at the 
request of the Secretary concerned and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and produce documents before the Secretary concerned. Any 
failure to obey such order of the court may be punished by such court 
as contempt thereof and subject to a penalty of up to $10,000 a day.
    (d) Entry and Access.--Without advance notice and upon presentation 
of appropriate credentials, the Secretary, or for National Forest 
System lands the Secretary of Agriculture, or any authorized 
representative thereof--
            (1) shall have the right of entry to, upon, or through the 
        site of any claim, mineral activities, or any premises in which 
        any records required to be maintained under this Act are 
        located;
            (2) may at reasonable times, and without delay, have access 
        to records, inspect any monitoring equipment, or review any 
        method of operation required under this Act;
            (3) may engage in any work and do all things necessary or 
        expedient to implement and administer the provisions of this 
        Act;
            (4) may, on any mining claim located under the general 
        mining laws and maintained in compliance with this Act, and 
        without advance notice, stop and inspect any motorized form of 
        transportation that such Secretary has probable cause to 
        believe is carrying locatable minerals, concentrates, or 
        products derived therefrom from a claim site for the purpose of 
        determining whether the operator of such vehicle has 
        documentation related to such locatable minerals, concentrates, 
        or products derived therefrom as required by law, if such 
        documentation is required under this Act; and
            (5) may, if accompanied by any appropriate law enforcement 
        officer, or an appropriate law enforcement officer alone, stop 
        and inspect any motorized form of transportation which is not 
        on a claim site if he or she has probable cause to believe such 
        vehicle is carrying locatable minerals, concentrates, or 
        products derived therefrom from a claim site on Federal lands 
        or allocated to such claim site. Such inspection shall be for 
        the purpose of determining whether the operator of such vehicle 
        has the documentation required by law, if such documentation is 
        required under this Act.

SEC. 417. MULTIPLE MINERAL DEVELOPMENT AND SURFACE RESOURCES.

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

SEC. 418. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended as follows:
            (1) By inserting ``(a)'' before the first sentence.
            (2) By inserting ``mineral materials, including but not 
        limited to'' after ``varieties of'' in the first sentence.
            (3) By striking ``or cinders'' and inserting in lieu 
        thereof ``cinders, and clay''.
            (4) By adding the following new subsection at the end 
        thereof:
    ``(b)(1) Subject to valid existing rights, after the date of 
enactment of the Mineral Exploration and Development Act of 2002, 
notwithstanding the reference to common varieties in subsection (a) and 
to the exception to such term relating to a deposit of materials with 
some property giving it distinct and special value, all deposits of 
mineral materials referred to in such subsection, including the block 
pumice referred to in such subsection, shall be subject to disposal 
only under the terms and conditions of the Materials Act of 1947.
    ``(2) For purposes of paragraph (1), the term `valid existing 
rights' means that a mining claim located for any such mineral material 
had some property giving it the distinct and special value referred to 
in subsection (a), or as the case may be, met the definition of block 
pumice referred to in such subsection, was properly located and 
maintained under the general mining laws prior to the date of enactment 
of the Mineral Exploration and Development Act of 2002, and was 
supported by a discovery of a valuable mineral deposit within the 
meaning of the general mining laws as in effect immediately prior to 
the date of enactment of the Mineral Exploration and Development Act of 
2002 and that such claim continues to be valid under this Act.''.
    (b) Mineral Materials Disposal Clarification.--Section 4 of the Act 
of July 23, 1955 (30 U.S.C. 612), is amended as follows:
            (1) In subsection (b) by inserting ``and mineral material'' 
        after ``vegetative''.
            (2) In subsection (c) by inserting ``and mineral material'' 
        after ``vegetative''.
    (c) Conforming Amendment.--Section 1 of the Act of July 31, 1947, 
entitled ``An Act to provide for the disposal of materials on the 
public lands of the United States'' (30 U.S.C. 601 and following) is 
amended by striking ``common varieties of'' in the first sentence.
    (d) Short Titles.--
            (1) Surface resources.--The Act of July 23, 1955, is 
        amended by inserting after section 7 the following new section:
    ``Sec. 8. This Act may be cited as the `Surface Resources Act of 
1955.''.
            (2) Mineral materials.--The Act of July 31, 1947, entitled 
        ``An Act to provide for the disposal of materials on the public 
        lands of the United States'' (30 U.S.C. 601 and following) is 
        amended by inserting after section 4 the following new section:
    ``Sec. 5. This Act may be cited as the `Materials Act of 1947'.''.
    (e) Repeals.--(1) Subject to valid existing rights, the Act of 
August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), commonly known as the 
Building Stone Act, is hereby repealed.
    (2) Subject to valid existing rights, the Act of January 31, 1901 
(30 U.S.C. 162), commonly known as the Saline Placer Act, is hereby 
repealed.

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

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