[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2262

 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 10, 2007

 Mr. Rahall (for himself and Mr. Costa) introduced the following bill; 
        which was referred to the Committee on Natural 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 ``Hardrock Mining 
and Reclamation Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Limitation on patents.
Sec. 102. Royalty.
                 TITLE II--PROTECTION OF SPECIAL PLACES

Sec. 201. Lands open to location.
  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

Sec. 301. Environmental protection standards.
Sec. 302. Permits.
Sec. 303. Operations permit.
Sec. 304. Persons ineligible for permits.
Sec. 305. Financial assurance.
Sec. 306. Operation and reclamation.
Sec. 307. State law and regulation.
                      TITLE IV--MINING MITIGATION

     Subtitle A--Abandoned Locatable Minerals Mine Reclamation Fund

Sec. 401. Abandoned locatable minerals mine reclamation.
Sec. 402. Use and objectives of the Fund.
Sec. 403. Eligible lands and waters.
Sec. 404. Fund expenditures.
Sec. 405. Authorization of appropriations.
       Subtitle B--Locatable Minerals Community Impact Assistance

Sec. 421. Locatable minerals community impact assistance.
Sec. 422. Use and objectives of the Fund.
Sec. 423. Allocation of funds.
          TITLE V--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

                 Subtitle A--Administrative Provisions

Sec. 501. Policy functions.
Sec. 502. User fees.
Sec. 503. Inspection and monitoring.
Sec. 504. Citizens suits.
Sec. 505. Administrative and judicial review.
Sec. 506. Enforcement.
Sec. 507. Regulations; effective dates.
                  Subtitle B--Miscellaneous Provisions

Sec. 511. Oil shale claims subject to special rules.
Sec. 512. Purchasing power adjustment.
Sec. 513. Savings clause.
Sec. 514. Availability of public records.
Sec. 515. Miscellaneous powers.
Sec. 516. Multiple mineral development and surface resources.
Sec. 517. Mineral materials.

SEC. 2. DEFINITIONS AND REFERENCES.

    (a) In General.--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, millsite claim, or tunnel site claim located 
        under the general mining laws and maintained in compliance with 
        such laws and 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.
            (6) The term ``environmental protection requirements'' 
        means the requirements and standards of title III, and such 
        other standards as are established by the Secretary governing 
        mineral activities pursuant to this Act.
            (7) 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.
            (8) 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.
            (9) 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), that is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            (10)(A) The term ``locatable mineral'' means any mineral, 
        the legal and beneficial title to which remains in the United 
        States and that 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.
            (11) 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 or placer claim deposit 
                with which it is associated;
                    (B) is nonmineral and noncontiguous to such vein or 
                lode or placer claim deposit; and
                    (C) is needed by a mining claim holder for mining, 
                milling, processing, beneficiation, or other similar 
                operations in connection with the mining claim.
            (12) The term ``mineral activities'' means any activity on 
        a mining claim, millsite claim, or tunnel site claim for, 
        related to, or incidental to, mineral exploration, mining, 
        beneficiation, processing, or reclamation activities for any 
        locatable mineral.
            (13) The term ``National Conservation System unit'' means 
        any unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, or National 
        Trails System, or a National Conservation Area, a National 
        Recreation Area, a National Monument, or any unit of the 
        National Wilderness Preservation System.
            (14) The term ``operator'' means any person, conducting 
        mineral activities subject to this Act or any agent of such a 
        person.
            (15) 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.
            (16) 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.
            (17) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (18) The term ``temporary cessation'' means a halt in mine-
        related production activities for a continuous period of no 
        longer than 5 years.
    (b) Title II.--
            (1) Valid existing rights.--As used in title II, the term 
        ``valid existing rights'' means a mining claim or millsite 
        claim located on lands described in section 201(b), that--
                    (A) was properly located and maintained under this 
                Act prior to and on the applicable date; or
                    (B)(i) was properly located and maintained under 
                the general mining laws prior to the applicable date;
                    (ii) was supported by a discovery of a valuable 
                mineral deposit within the meaning of the general 
                mining laws on the applicable date, or satisfied the 
                limitations under existing law for millsite claims; and
                    (iii) continues to be valid under this Act.
            (2) Applicable date.--As used in paragraph (1), the term 
        ``applicable date'' means one of the following:
                    (A) For lands described in paragraph (1) of section 
                201(b), the date of the recommendation referred to in 
                paragraph (1) of that section if such recommendation is 
                made on or after the date of the enactment of this Act.
                    (B) For lands described in paragraph (1) of section 
                201(b), if the recommendation referred to in paragraph 
                (1) of that section is made before the date of the 
                enactment of this Act, the earlier of--
                            (i) the date of the enactment of this Act; 
                        or
                            (ii) the date of any withdrawal of such 
                        lands from mineral activities.
                    (C) For lands described in paragraph (3)(B) of 
                section 201(b), the date of the enactment of this Act.
                    (D) For lands described in paragraph (3)(A) or 
                (3)(C) of section 201(b), the date of the enactment of 
                the amendment to the Wild and Scenic Rivers Act (16 
                U.S.C. 1271 and following) listing the river segment 
                for study.
                    (E) For lands described in paragraph (3)(B) of 
                section 201(b), the date of the determination of 
                eligibility of such lands for inclusion in the Wild and 
                Scenic River System.
                    (F) For lands described in paragraph (4) of section 
                201(b), the date of the withdrawal under other law.
    (c) References to Other Laws.--(1) Any reference in this Act to the 
term general mining laws is a reference to those Acts that generally 
comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 
30, United States Code.
    (2) Any reference in this Act to the Act of July 23, 1955, is a 
reference to the Act 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).

SEC. 3. APPLICATION RULES.

    (a) In General.--This Act applies to any mining claim, millsite 
claim, or tunnel site claim located under the general mining laws, 
prior to, on, or after the date of enactment of this Act, except as 
provided in subsection (b).
    (b) Preexisting Claims.--(1) 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 this 
Act, 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 III shall apply, subject to the limitations of 
section 308. In order to meet the requirements of title III, the person 
conducting mineral activities under such plan of operations (or 
modified or amended plan) shall apply for a modification under section 
303(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 undue degradation of 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 305 (relating to financial assurance), section 
503 (relating to inspection and monitoring), and section 506 (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.
    (c) Application of Act to Beneficiation and Processing of Non-
Federal Minerals on Federal Lands.--The provisions of this Act 
(including the environmental protection requirements of title III) 
shall apply in the same manner and to the same extent to mining claims, 
millsite claims, and tunnel site claims 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 subsection 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.

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

SEC. 101. 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, including the parameters set forth in 
                section 2(a)(10) of this Act.
            (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. 102. ROYALTY.

    (a) Reservation of Royalty.--
            (1) In general.--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 such 
        mining claim, 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.
            (2) Deposit.--Of the amounts received by the United States 
        as royalties under this subsection--
                    (A) \2/3\ shall be deposited into the account 
                established under section 401; and
                    (B) \1/3\ shall be deposited into the account 
                established under section 421.
    (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 that may be required 
by this section shall be made available for inspection and duplication 
by such officer or employee or State. Failure by a claim holder, 
operator, or other person referred to in the first sentence to 
cooperate with such an audit, provide data required by the Secretary, 
or grant access to information may, at the discretion of the Secretary, 
result in involuntary forfeiture of the claim.
    (2) Records required by the Secretary under this section shall be 
maintained for 10 years after release of financial assurance under 
section 305 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 
protected from disclosure under section 552 of title 5, United States 
Code, popularly known as the Freedom of Information Act, shall be made 
available by the Secretary to other Federal agencies as necessary to 
assure compliance with this Act and other Federal laws. The Secretary, 
the Secretary of Agriculture, the Administrator of the Environmental 
Protection Agency, and other Federal officials shall ensure that such 
information is provided protection in accordance with the requirements 
of that section.
    (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 the rate 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 shall assess a penalty of 
not greater than 25 percent of the amount of that underreporting.
    (3) For the purposes of this subsection, the term 
``underreporting'' means the difference between the royalty on the 
value of the production that should have been reported and the royalty 
on the value of the production which was reported, if the value that 
should have been reported is greater than the value that was reported. 
An underreporting constitutes a ``substantial underreporting'' if such 
difference exceeds 10 percent of the royalty on the value of production 
that should have been reported.
    (4) The Secretary may waive or reduce the assessment provided in 
paragraph (2) 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.
    (5) The Secretary shall waive any portion of an assessment under 
paragraph (2) 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.
    (6) All penalties collected under this subsection shall be 
deposited in the Abandoned Locatable Minerals Mine Reclamation Fund 
established under title IV.
    (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--PROTECTION OF SPECIAL PLACES

SEC. 201. LANDS OPEN TO LOCATION.

    (a) Lands Open to Location.--Except as provided in subsection (b), 
mining claims may be located under the general mining laws on--
            (1) such lands and interests as were open to the location 
        of mining claims under the general mining laws immediately 
        before the enactment of this Act; or
            (2) such lands and interests as are opened to the location 
        of mining claims on or after the date of enactment of this Act 
        by reason of any administrative action or statute.
    (b) Lands Not Open to Location.--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 the 
general mining laws on or after the date of enactment of this Act:
            (1) 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.
            (2) 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.
            (3) Lands that are--
                    (A) 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;
                    (B) 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
                    (C) designated Wild and Scenic Rivers that have 
                been withdrawn from mineral entry by action of the 
                Secretary of the Interior.
            (4) Lands withdrawn or segregated from mineral entry under 
        authority of other law.
            (5) Lands designated as Areas of Critical Environmental 
        Concern.
            (6) Lands identified as ``sacred sites'' in accordance with 
        Executive Order 13007.
            (7) Lands identified in the Roadless Area Conservation Rule 
        of January 2001.

  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 301. ENVIRONMENTAL PROTECTION STANDARDS.

    Notwithstanding section 302(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the 
Act of June 4, 1897 (chapter 2; 30 Stat. 36 16 U.S.C. 478), and the 
National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this title and applicable law, the Secretary--
            (1) shall require that mineral activities on mining claims, 
        millsite claims, or tunnel site claims conducted by any person 
        shall protect the environment, public health, and public safety 
        from undue degradation; and
            (2) shall assure that mineral activities on mining claims, 
        millsite claims, or tunnel site claims are conducted in a 
        manner that recognizes the value of such lands for other uses, 
        including but not limited to recreation, wildlife habitat, and 
        water supply.

SEC. 302. PERMITS.

    (a) Permits Required.--No person may engage in mineral activities 
on lands on which mining claims may be located under section 201 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 under the general mining 
        laws and maintained in compliance with such laws and this Act; 
        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, or 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. 303. OPERATIONS PERMIT.

    (a) Operations Permit.--Any claim holder that is in compliance with 
the general mining laws and section 10101 of Public Law 103-66 (30 
U.S.C. 28f) 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 any 
mining claim, millsite claim, or tunnel site claim for any activity 
greater than casual use (as that term is used in section 302(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 site 
characterization data, an operations plan, a reclamation plan, 
monitoring plans, long-term maintenance plans, to the extent necessary, 
and such documentation as necessary to ensure compliance with 
applicable Federal and State environmental laws and regulations. If the 
proposed mineral activities will be carried out in conjunction with 
mineral activities on adjacent non-Federal lands, information on the 
location and nature of such operations may be required by the 
Secretary. At a minimum, each of the following shall be required for 
all applications:
            (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 and of the operator.
            (3) A statement of whether the applicant or operator, or 
        any subsidiary, affiliate, or person controlled by or under 
        common control with the applicant or operator, is currently in 
        violation of, or was, during the 5-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 Federal or State toxic 
                substance, solid waste, air, water quality, 
                reclamation, 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 mining 
                operations have occurred or are occurring.
            (4) A statement of whether the applicant or operator, and 
        any subsidiary, affiliate, or person controlled by or under 
        common control with the applicant or operator, has ever held a 
        Federal or State mining permit that has been suspended or 
        revoked or has had a mining bond or similar security deposited 
        in lieu of bond forfeited and, if so, a brief explanation of 
        the facts involved.
            (5) 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).
            (6) 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.
            (7) The anticipated starting and termination dates of each 
        phase of the mineral activities proposed, including any planned 
        temporary cessation of operations.
            (8) Accurate 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.
            (9) A description of the biological resources in or 
        associated with the area subject to or potentially impacted by 
        planned mineral activities, including vegetation, fish and 
        wildlife, and riparian and wetland habitats.
            (10) 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.
            (11) 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.
            (12) An analysis of the potential 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 regarding the possible cumulative 
        impacts of the anticipated mineral activities in the area upon 
        the hydrology of the area and particularly upon water 
        availability and quality. To the extent that this analysis 
        relies on hydrologic or other modeling, the models used shall 
        be approved by the Secretary for application at the site. Such 
        a model may not be approved if it is considered proprietary and 
        therefore unavailable for public review. In describing the 
        potential impacts of mineral activities, the applicant shall 
        include information on the range of predicted impacts, the key 
        factors in any sensitivity analyses undertaken, and the 
        probabilities of various outcomes, to the extent such 
        information is available.
            (13) A description of the monitoring and reporting systems 
        to be used to detect and determine whether compliance has and 
        is occurring consistent with the environmental protection 
        requirements and with predicted outcomes, including the type 
        and location of monitoring devices, sampling parameters and 
        frequency, detection limits, analytical methods, reporting 
        procedures, and procedures to respond to reporting results, 
        that will monitor the effects of mineral activities on the site 
        and surrounding environment, including but not limited to, 
        ground water, surface water, wetlands, air, soils, and fish and 
        wildlife resources.
            (14) Accident contingency plans that include, but are not 
        limited to, immediate response strategies and corrective 
        measures to protect public safety and prevent adverse 
        environmental impacts, and appropriate insurance to cover 
        accident contingencies.
            (15) Any measures to comply with any conditions on minerals 
        activities that are required in the applicable land use plan.
            (16) Information determined necessary by the Secretary 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.
            (17) 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.
            (18) Evidence of appropriate financial assurance as 
        specified in section 305.
            (19) 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.
            (20) A full characterization of soils and geology in the 
        area to be affected by mineral activities.
            (21) A copy of the applicant's advertisement to be 
        published as required by subsection (k).
    (c) Operation and Reclamation Plans Application Requirements.--The 
operation and reclamation plans 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 discussion of the applicable land use plan and how 
        the proposed reclamation activities will render the post-mining 
        and reclamation condition of the land and resources consistent 
        with that plan.
            (3) A description of operation and reclamation measures 
        proposed pursuant to the requirements of section 306.
            (4) The engineering techniques to be used in operation and 
        reclamation and the equipment proposed to be used.
            (5) The anticipated starting and termination dates of each 
        phase of the reclamation proposed.
            (6) A description of the proposed condition of the land, 
        including the fish and wildlife resources and habitat contained 
        thereon, following the completion of reclamation.
            (7) A description of the maintenance measures that will be 
        necessary to meet the environmental protection requirements of 
        this Act, including but not limited to, drainage, water 
        treatment facilities, or liner maintenance and control. This 
        description shall include an estimate of the costs of operating 
        and maintaining such facilities for the length of time such 
        facilities will be required.
    (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 shall deny a 
permit if such Secretary finds that the application and applicant do 
not fully meet the following requirements:
            (A) The permit application, including the site 
        characterization data, operations plan, and reclamation plan, 
        are complete and accurate and sufficient for developing a good 
        understanding of the anticipated impacts of the mineral 
        activities and the effectiveness of proposed mitigation and 
        control.
            (B) The applicant has demonstrated that the proposed 
        reclamation in the operation and reclamation plan can be and is 
        likely to be accomplished by the applicant consistent with the 
        goals of the environmental protection standard under section 
        301.
            (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, will 
        conform 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 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 applicable State 
        requirements agreed to by the appropriate Secretary pursuant to 
        cooperative agreements under section 307 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)(11) and (b)(12) demonstrates that 
        impacts to human health, water resources, wildlife habitat, and 
        other natural resources will not cause undue degradation, and 
        the proposed operation has been designed and will operate to 
        minimize disturbances to the prevailing hydrologic balance of 
        the permit area.
            (G) The applicant has fully complied with the requirements 
        of section 305 (relating to financial assurance).
            (H) The Secretary has determined that there will be no 
        undue degradation of natural or cultural resources.
            (I) Neither the applicant nor operator, nor any subsidiary, 
        affiliate, or person controlled by or under common control with 
        the applicant or operator, is ineligible to receive a permit 
        under section 304.
            (J) The reclamation plan demonstrates that 10 years 
        following mine closure, no treatment of surface or ground water 
        for carcinogens or toxins will be required to meet water 
        quality standards at the point of discharge.
    (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 meets the environmental standard established in section 
301.
    (3) With respect to any activities specified in the reclamation 
plan referred to in subsection (b) that constitutes a removal or 
remedial action under section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 and 
following), the Secretary shall consult with the Administrator of the 
Environmental Protection Agency prior to the issuance of an operations 
permit. 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 the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 and 
following) or corrective actions under the Solid Waste Disposal Act (42 
U.S.C. 6901 and following).
    (e) Term of Permit; Renewal.--
            (1) An operations permit shall be for a stated term. The 
        term shall be no longer than that necessary to accomplish the 
        proposed mineral activities subject to the permit, and in no 
        case for more than 10 years.
            (2) Failure by the operator to commence mineral activities 
        within 2 years of the date scheduled in an operations permit 
        shall require a modification of the permit if the Secretary 
        concerned determines that modifications are necessary to comply 
        with section 201.
            (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 this Act, all other applicable Federal 
                requirements, and any State requirements agreed to by 
                the Secretary concerned pursuant to cooperative 
                agreements under section 307.
            (4) A renewal of an operations permit shall be for a term 
        of 10 years or for such shorter term as the Secretary concerned 
        deems appropriate. Application for renewal shall be made at 
        least 18 months prior to the expiration of the existing permit. 
        If 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 
        but in no case longer than 2 years.
    (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.
            (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 public 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) water quantity, water quality, or other 
                resulting water impacts that are significantly 
                different than those predicted in the application;
                    (D) the need for long-term water treatment;
                    (E) significant reclamation difficulties or 
                reclamation failure;
                    (F) the discovery of significant scientific, 
                cultural, or biological resources that were not 
                addressed in the original plan; or
                    (G) 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 temporarily cease mineral activities for a period greater 
than 180 days 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 greater than 90 days under an operations permit 
issued before the date of the enactment of this Act shall submit, 
before the expiration of such 90-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 IV.
    (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) has submitted information required and is eligible to 
        receive a permit in accordance with section 304;
            (B) has submitted evidence of financial assurance 
        satisfactory under section 305; 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 IV.
    (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. In addition, the Secretary shall place a notice of the receipt 
of the application in the Federal Register. Such notices by the 
applicant and the Secretary 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 identification of 
a location where such plans are publicly available. The notice by the 
Secretary shall provide contact names and information for members of 
the public wishing to obtain further information, and shall 
specifically allow for commenters to request a public hearing. 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 agency located nearest to the 
location of the proposed mineral activities, on the appropriate 
Internet Websites of the appropriate Federal agencies and at such other 
readily accessible 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 for a period of at least 45 days after the last day of 
newspaper publication. Such comment period may be extended by the 
Secretary for an additional 90-day period and shall be extended for a 
period no less than 30 days following a public hearing carried out in 
accordance with subsection (3). The Secretary concerned shall also 
create a public docket of all materials related to the application and 
all comments received.
    (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 comment 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. The Secretary shall grant 
such request and whenever the Secretary determines that there is 
significant public interest. When a hearing is to be held, the 
Secretary shall notify all those who have provided comments regarding 
the permit and 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. 304. 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 State or Federal 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 and 
the regulatory authority involved 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 environmental protection requirements of this Act by 
the applicant, any affiliate of the applicant, or the operator or claim 
holder if different than the applicant.

SEC. 305. 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 all affected waters that may require 
restoration, treatment, or other management as a result of mineral 
activities, and shall be extended to cover all lands and waters added 
pursuant to any permit modification made under section 303(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 and restoration 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 
reclamation, restoration, and long-term maintenance as specified under 
section 306(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 303(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 303(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 or restoration 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 
        307, 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 except that sufficient assurance 
        must be retained to address other required reclamation and 
        restoration needs and to assure the long-term success of the 
        revegetation.
            (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 306(b)(6)(B) relating to 
        revegetation, restoration, and effluent treatment required by 
        subsection (g)), and all other requirements of this Act have 
        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 306(b)(4), where any 
discharge or other water-related condition 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, as determined by ongoing monitoring 
and testing, 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 506 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. 306. 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. In the case of a cessation of 
mineral activities beyond that provided for as a temporary cessation 
under this Act, reclamation activities shall begin immediately.
    (b) Operation and Reclamation Standards.--Mineral activities shall 
be conducted in accordance with the following standards, and any 
additional standards the Secretaries may jointly promulgate under 
section 301 and subsection (a) of this section to address specific 
environmental impacts of selected methods of mining and to assure that 
the direct and indirect impacts of mining are consistent with 
applicable land use plans:
            (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 
        prevent hazards and 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, prevent 
        erosion, and manage 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 303(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, and mineral activities shall not cause or 
        contribute to violations of water quality standards in affected 
        waters.
            (B) Mineral activities shall be conducted to prevent to the 
        fullest extent possible the formation of acidic, toxic, or 
        other contaminated water. Where the formation of acidic, toxic, 
        or other contaminated water occurs, mineral activities shall be 
        conducted so as to minimize the formation of acidic, toxic, or 
        other contaminated water and to control the spread of any such 
        contamination.
            (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 or quantity 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 (11) of 
        section 303(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 if it is determined by the Secretary to be the most 
        appropriate means of controlling long-term adverse impacts on 
        public health or the environment.
            (B) In instances where complete backfilling of an open pit 
        is not required, the pit shall be graded to blend with the 
        surrounding topography as much as practicable to minimize 
        disturbance to the hydrologic balance, and revegetated in 
        accordance with paragraph (6), and the water quality in the pit 
        and other water impoundments and wells adjacent or 
        hydrologically connected by groundwater shall comply with 
        applicable Federal, State, and, where appropriate, local 
        government water quality standards.
            (6) Vegetation.--(A) The area subject to mineral activities 
        shall be vegetated in order to establish a diverse, effective, 
        and permanent vegetative cover of the same seasonal variety 
        native to the area subject to mineral activities, capable of 
        self-regeneration and plant succession and at least equal in 
        extent of cover to the natural revegetation of the surrounding 
        area, except that introduced species may be used at the 
        discretion of the Secretary, or for National Forest System 
        lands the Secretary of Agriculture, in consultation with the 
        Director of the United States Fish and Wildlife Service, if 
        such introduction of such species is necessary as an interim 
        step in, and is part of a program to restore a native plant 
        community. In such instances where the complete backfill of an 
        open mine pit is not required under paragraph (5), such 
        Secretary shall prescribe such vegetation requirements as 
        conform to the applicable land use plan.
            (B) In order to ensure compliance with subparagraph (A), 
        the period for determining successful revegetation shall be 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 a longer time at the 
        discretion of the Secretary concerned where rainfall or other 
        factors indicate that successful revegetation may be difficult 
        to achieve or maintain.
            (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. 
        Such sealing must be designed and carried out using materials 
        and methods that will provide long-term protection. Information 
        regarding the location and nature of sealed drill holes or 
        openings or other areas that should remain undisturbed or will 
        require long-term maintenance must be placed in the relevant 
        land records and provided to the Secretary and the appropriate 
        State and local agencies.
            (9) Removal of structures, etc.--All buildings, structures, 
        roads, and 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 make reasonable efforts to identify and shall 
        not knowingly disturb, alter, injure, or destroy any 
        scientifically important paleontologic remains or any historic, 
        archaeologic, 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) Design, construction, and maintenance of structures, 
        etc.--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 or otherwise adversely impact water or 
        other natural resources.
            (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 be designed and 
        operated to withstand a local 24-hour, 100-year storm event in 
        addition to the solution expected for the facility, unless the 
        Secretary determines that additional protections are necessary 
        due to proximity to people or endangered species, or threatened 
        species or the presence of drinking water supplies.
            (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. 
        After a 5-year cessation, the operator shall commence 
        reclamation as described in section 306.
    (c) Special Rule.--Reclamation activities for a mining claim that 
has been forfeited, relinquished, or lapsed, or a plan that has expired 
or been revoked or suspended, shall continue subject to review and 
approval by the Secretary, or for National Forest System lands the 
Secretary of Agriculture.
    (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. 307. STATE LAW AND REGULATION.

    (a) State Law.--(1) Any reclamation, land use, environmental, or 
public health protection standard or requirement in State or local law 
or regulation that meets or exceeds the requirements of section 306 
shall not be construed to be inconsistent with any such standard.
    (2) Any bonding standard or requirement in State or local law or 
regulation that meets or exceeds the requirements of section 305 shall 
not be construed to be inconsistent with such requirements.
    (3) Any inspection standard or requirement in State or local law or 
regulation that meets or exceeds the requirements of section 503 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 
environmental protection 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 and hearing.
    (d) Prior Agreements.--Any cooperative agreement or such other 
understanding between the Secretary concerned and any State, or 
political subdivision thereof, relating to the 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 1 year 
after the date of enactment of this Act. During such 1-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.

                      TITLE IV--MINING MITIGATION

     Subtitle A--Abandoned Locatable Minerals Mine Reclamation Fund

SEC. 401. ABANDONED LOCATABLE MINERALS MINE RECLAMATION.

    (a) Establishment.--(1) There is established on the books of the 
Treasury of the United States a separate account to be known as the 
Abandoned Locatable Minerals Mine Reclamation Fund (hereinafter in this 
subtitle 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 collected pursuant to section 506 (relating 
        to enforcement) and section 504 (relating to citizens suits).
            (2) All permit fees and transfer fees received under 
        section 303.
            (3) All donations by persons, corporations, associations, 
        and foundations for the purposes of this subtitle.
            (4) All amounts deposited in the Fund under section 102 
        (relating to royalties and penalties for underreporting).
            (5) All other receipts from fees, royalties, penalties and 
        other sources collected under this Act.
            (6) All amounts received by the United States pursuant to 
        section 101 from issuance of patents.

SEC. 402. 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 403, including any of the following:
            (1) Protecting public health and safety
            (2) Preventing, abating, treating, and controlling water 
        pollution created by abandoned mine drainage.
            (3) Reclaiming and restoring abandoned surface and 
        underground mined areas.
            (4) Reclaiming and restoring abandoned milling and 
        processing areas.
            (5) Backfilling, sealing, or otherwise controlling, 
        abandoned underground mine entries.
            (6) 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.
            (7) 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 and safety, 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 and safety, 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 
subtitle, 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 subtitle 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, 
that provide assurances that reclamation or restoration activities 
under this subtitle 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 that avoid oversight by 
multiple agencies to the maximum extent practicable.

SEC. 403. ELIGIBLE LANDS AND WATERS.

    (a) Eligibility.--Reclamation expenditures under this subtitle 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 subtitle.
    (c) Inventory.--The Secretary shall prepare and maintain a publicly 
available inventory of abandoned locatable minerals mines on Federal 
lands and any abandoned mine on Indian lands that may be eligible for 
expenditures under this subtitle, and shall deliver a yearly report to 
the Congress on the progress in cleanup of such sites.

SEC. 404. FUND EXPENDITURES.

    Moneys available from the Fund may be expended for the purposes 
specified in section 402 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 subtitle.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

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

       Subtitle B--Locatable Minerals Community Impact Assistance

SEC. 421. LOCATABLE MINERALS COMMUNITY IMPACT ASSISTANCE.

    (a) Establishment.--(1) There is established on the books of the 
Treasury of the United States a separate account to be known as the 
Locatable Minerals Community Impact Assistance Fund (hereinafter in 
this subtitle referred to as the ``Fund''). The Fund shall be 
administered by the Secretary acting through the Director of the Bureau 
of Land Management.
    (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.
    (b) Amounts.--There shall be credited to the Fund all amounts 
deposited in the Fund under section 111.

SEC. 422. USE AND OBJECTIVES OF THE FUND.

    Amounts in the Fund shall be available to the Secretary, subject to 
appropriations, to provide assistance for the planning, construction, 
and maintenance of public facilities and the provision of public 
services to States, political subdivisions and Indian tribes that are 
socially or economically impacted by mineral activities conducted under 
the general mining laws.

SEC. 423. ALLOCATION OF FUNDS.

    Moneys deposited into the Fund shall be allocated by the Secretary 
for purposes of section 422 among the States within the boundaries of 
which occurs production of locatable minerals from mining claims 
located under the general mining laws and maintained in compliance with 
this Act, or mineral concentrates or products derived from locatable 
minerals from mining claims located under the general mining laws and 
maintained in compliance with this Act, as the case may be, in 
proportion to the amount of such production in each such State.

          TITLE V--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

                 Subtitle A--Administrative Provisions

SEC. 501. POLICY FUNCTIONS.

    (a) Minerals Policy.--Section 101 of the Mining and Minerals Policy 
Act of 1970 (30 U.S.C. 21a) is amended--
            (1) in the first sentence by inserting before the period at 
        the end the following: ``and to ensure that mineral extraction 
        and processing not cause undue degradation of the natural and 
        cultural resources of the Federal lands''; and
            (2) 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. 502. 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. 503. 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 environmental protection 
requirements of title III.
    (2) The Secretary concerned shall establish a frequency of 
inspections for mineral activities conducted under a permit issued 
under title III, 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 303(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 
environmental protection 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 environmental protection requirements. The 
Secretary concerned may require additional monitoring to be conducted 
as necessary to assure compliance with the reclamation and other 
environmental standards of this Act. Such plan must be reviewed and 
approved by the Secretary and shall become a part of the operations 
permit.
    (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 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 environmental protection 
requirements under this Act, it shall be reported immediately to the 
Secretary concerned. 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. Such reports shall be maintained by the operator and by the 
Secretary and shall be made available to the public.
    (5) 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 506.

SEC. 504. 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, or to be in 
        violation of, any of the provisions of this Act or any 
        regulation promulgated pursuant to title III or any term or 
        condition of any permit issued under title III; 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 III, 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 505 may only be filed in a United States district court within 
the circuit in which such action would be reviewable under section 505.
    (b) Exceptions.--(1) No action may be commenced under subsection 
(a) before 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 505 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 303.

SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Review by Secretary.--(1)(A) Any person issued a notice of 
violation or cessation order under section 506, 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 
506 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 506) 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 506.
    (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 
506 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 506 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 504 (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 subsection, 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 504 (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.
    (6)(A) Notwithstanding any other provision of law, any person who 
filed an administrative protest or contest to a patent application may 
seek judicial review in the appropriate Federal district court of the 
Secretary's determination regarding the protest or contest, and any 
decision to approve or deny, in whole or in part, the patent 
application, as well as the issuance of any patent.
    (B) Notwithstanding the decision of the United States Court of 
Appeals for the Tenth Circuit in High Country Citizens' Alliance v. 
Clarke, 454 F.3d 1177 (10th Cir. 2006), the appropriate Federal 
district court has jurisdiction to hear any judicial challenge to the 
Secretary's actions described in subparagraph (A), including the 
challenge of the plaintiffs in that case.
    (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. 506. 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 
environmental protection requirement under title III or any regulation 
issued by the Secretaries to implement this Act, 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 environmental 
protection requirement under title III or any regulation issued by the 
Secretaries to implement this Act, 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 503.
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 
environmental protection requirement under title III or any regulation 
issued by the Secretaries to implement this Act 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 an environmental 
protection requirement under title III or any regulation issued by the 
Secretaries to implement this Act 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 III, 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 305;
            (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 304(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 subsection, 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 III, or
            (2) violates any other environmental protection requirement 
        set forth in title III or any regulation issued by the 
        Secretaries to implement this Act, any provision of a permit 
        issued under this Act (including any exploration or operations 
        plan on which such permit is based), or any 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 
subsection, 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 any officer, agent, or employee of a person.

SEC. 507. 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, title III, title IV, and title V 
that affect the United States Forest Service shall be joint regulations 
issued by both Secretaries, and shall be issued no later than 180 days 
after the date of enactment of this Act.

                  Subtitle B--Miscellaneous Provisions

SEC. 511. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES.

    (a) Application of Section 511.--Section 511 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) Amendment.--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 before the period the following: ``in the 
        same manner as if such claim was subject to title II and title 
        III of the Hardrock Mining and Reclamation Act of 2007''.

SEC. 512. 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 no less 
frequently than every 5 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. 513. 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 for protection of natural and cultural resources and the 
environment 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, except for those parts of the 
general mining laws respecting location of mining claims that are not 
expressly modified by this Act. 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), the National Historic Preservation Act (6 
U.S.C. 4701 et seq.), and the Religious Freedom Restoration Act of 1993 
(42 U.S.C. 2000bb et seq.).
    (c) Protection of Conservation Areas.--In order to protect the 
resources and values of National 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 that could have an adverse impact on the resources or values 
for which such units were established.

SEC. 514. 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. 515. 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. 516. 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 under 
the general mining laws and maintained in compliance with such laws and 
this Act.

SEC. 517. 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 Hardrock Mining and Reclamation Act of 2007, 
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--
            ``(A) had and still has 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;
            ``(B) was properly located and maintained under the general 
        mining laws prior to the date of enactment of the Hardrock 
        Mining and Reclamation Act of 2007;
            ``(C) 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 
        Hardrock Mining and Reclamation Act of 2007; and
            ``(D) 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.
                                 <all>