[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 699 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 699
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
January 27, 2009
Mr. Rahall (for himself, Mr. George Miller of California, Mr. Waxman,
Mr. Markey of Massachusetts, Mr. Berman, Mr. Grijalva, Mr. Costa, Mrs.
Christensen, Mr. Holt, Mr. Stark, Mr. Kildee, Mr. Hinchey, Ms. Eshoo,
Mr. Blumenauer, Mr. Kennedy, Mr. Kind, Mrs. Capps, Mr. Schiff, Mr.
Honda, Mr. Salazar, and Ms. Tsongas) 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 2009''.
(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.
Sec. 103. Hardrock mining claim maintenance fee.
Sec. 104. Effect of payments for use and occupancy of claims.
TITLE II--PROTECTION OF SPECIAL PLACES
Sec. 201. Lands open to location.
Sec. 202. Withdrawal petitions by States, political subdivisions, and
Indian tribes.
TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT
Sec. 301. General standard for hardrock mining on Federal land.
Sec. 302. Permits.
Sec. 303. Exploration permit.
Sec. 304. Operations permit.
Sec. 305. Persons ineligible for permits.
Sec. 306. Financial assurance.
Sec. 307. Operation and reclamation.
Sec. 308. State law and regulation.
Sec. 309. Limitation on the issuance of permits.
TITLE IV--MINING MITIGATION
Subtitle A--Locatable Minerals Fund
Sec. 401. Establishment of Fund.
Sec. 402. Contents of Fund.
Sec. 403. Subaccounts.
Subtitle B--Use of Hardrock Reclamation Account
Sec. 411. Use and objectives of the Account.
Sec. 412. Eligible lands and waters.
Sec. 413. Expenditures.
Sec. 414. Authorization of appropriations.
Subtitle C--Use of Hardrock Community Impact Assistance Account
Sec. 421. Use and objectives of the Account.
Sec. 422. 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.
Sec. 508. Effective date.
Subtitle B--Miscellaneous Provisions
Sec. 511. Oil shale claims.
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 ``casual use''--
(A) subject to subparagraphs (B) and (C), means
mineral activities that do not ordinarily result in any
disturbance of public lands and resources;
(B) includes collection of geochemical, rock, soil,
or mineral specimens using handtools, hand panning, or
nonmotorized sluicing; and
(C) does not include--
(i) the use of mechanized earth-moving
equipment, suction dredging, or explosives;
(ii) the use of motor vehicles in areas
closed to off-road vehicles;
(iii) the construction of roads or drill
pads; and
(iv) the use of toxic or hazardous
materials.
(5) 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.
(6) 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.
(7) The term ``exploration''--
(A) subject to subparagraphs (B) and (C), means
creating surface disturbance other than casual use, to
evaluate the type, extent, quantity, or quality of
minerals present;
(B) includes mineral activities associated with
sampling, drilling, and analyzing locatable mineral
values; and
(C) does not include extraction of mineral material
for commercial use or sale.
(8) The term ``Federal land'' means any land, and any
interest in land, that is owned by the United States and open
to location of mining claims under the general mining laws and
title II of this Act.
(9) 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.
(10) The term ``Indian tribe'' means any Indian tribe,
band, nation, pueblo, or other organized group or community,
including any Alaska Native village or regional corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(11) The term ``locatable mineral''--
(A) subject to subparagraph (B), 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--
(i) the Mineral Leasing Act (30 U.S.C. 181
et seq.);
(ii) the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
(iii) the Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 et seq.); or
(iv) the Mineral Leasing for Acquired Lands
Act (30 U.S.C. 351 et seq.); and
(B) does not include any mineral that is subject to
a restriction against alienation imposed by the United
States and is--
(i) 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
(ii) owned by any Indian or Indian tribe,
as defined in that section.
(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 proposing or
authorized by a permit issued under this Act to conduct mineral
activities and any agent of such 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.
(19) The term ``undue degradation'' means irreparable harm
to significant scientific, cultural, or environmental resources
on public lands that cannot be effectively mitigated.
(b) Valid Existing Rights.--As used in this Act, the term ``valid
existing rights'' means a mining claim or millsite claim located on
lands described in section 201(b), that--
(1) was properly located and maintained under the general
mining laws prior to the date of enactment of this Act;
(2) was supported by a discovery of a valuable mineral
deposit within the meaning of the general mining laws on the
date of enactment of this Act, or satisfied the limitations
under existing law for millsite claims; and
(3) continues to be valid under this Act.
(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 et seq.).
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,
before, 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 claim 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 paragraph (2).
(2)(A) If a plan of operations is approved for mineral activities
on any claim or site referred to in paragraph (1) prior to the date of
enactment of this Act but such operations have not commenced prior to
the date of enactment of this Act--
(i) during the 10-year period beginning on the date of
enactment of this Act, mineral activities at such claim or site
shall be subject to such plan of operations;
(ii) during such 10-year period, modifications of any such
plan may be made in accordance with the provisions of law
applicable prior to the enactment of this Act if such
modifications are deemed minor by the Secretary concerned; and
(iii) the operator shall bring such mineral activities into
compliance with this Act by the end of such 10-year period.
(B) Where an application for modification of a plan of operations
referred to in subparagraph (A)(ii) 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) Federal Lands Subject to Existing Permit.--(1) Any Federal land
shall be subject to the requirements of section 102(a)(2) if the land
is--
(A) subject to an operations permit; and
(B) producing valuable locatable minerals in commercial
quantities prior to the date of enactment of this Act.
(2) Any Federal land added through a plan modification to an
operations permit on Federal land that is submitted after the date of
enactment of this Act shall be subject to the terms of section
102(a)(3).
(d) 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.
(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.--Except as provided in paragraph (2) and
subject to paragraph (3), 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 gross income from mining. The claim holder
or 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
liable for payment of such royalties.
(2) Royalty for federal lands subject to existing permit.--
The royalty under paragraph (1) shall be 4 percent in the case
of any Federal land that--
(A) is subject to an operations permit on the date
of the enactment of this Act; and
(B) produces valuable locatable minerals in
commercial quantities on the date of enactment of this
Act.
(3) Federal land added to existing operations permit.--Any
Federal land added through a plan modification to an operations
permit that is submitted after the date of enactment of this
Act shall be subject to the royalty that applies to Federal
land under paragraph (1).
(4) Deposit.--Amounts received by the United States as
royalties under this subsection shall be deposited into the
account established under section 401.
(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 responsible for making proper payments for all
amounts due for all time periods for which such person has a payment
responsibility. Such responsibility for the periods 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
the 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 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. 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 7 years after release of financial assurance under
section 306 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.
(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 Locatable Minerals 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) Gross Income From Mining Defined.--For the purposes of this
section, for any locatable mineral, the term ``gross income from
mining'' has the same meaning as the term ``gross income'' in section
613(c) 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.
SEC. 103. HARDROCK MINING CLAIM MAINTENANCE FEE.
(a) Fee.--
(1) Except as provided in section 2511(e)(2) of the Energy
Policy Act of 1992 (relating to oil shale claims), for each
unpatented mining claim, mill or tunnel site on federally owned
lands, whether located before, on, or after enactment of this
Act, each claimant shall pay to the Secretary, on or before
August 31 of each year, a claim maintenance fee of $150 per
claim to hold such unpatented mining claim, mill or tunnel site
for the assessment year beginning at noon on the next day,
September 1. Such claim maintenance fee shall be in lieu of the
assessment work requirement contained in the Mining Law of 1872
(30 U.S.C. 28 et seq.) and the related filing requirements
contained in section 314(a) and (c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1744(a) and (c)).
(2)(A) The claim maintenance fee required under this
subsection shall be waived for a claimant who certifies in
writing to the Secretary that on the date the payment was due,
the claimant and all related parties--
(i) held not more than 10 mining claims, mill
sites, or tunnel sites, or any combination thereof, on
public lands; and
(ii) have performed assessment work required under
the Mining Law of 1872 (30 U.S.C. 28 et seq.) to
maintain the mining claims held by the claimant and
such related parties for the assessment year ending on
noon of September 1 of the calendar year in which
payment of the claim maintenance fee was due.
(B) For purposes of subparagraph (A), with respect to any
claimant, the term ``all related parties'' means--
(i) the spouse and dependent children (as defined
in section 152 of the Internal Revenue Code of 1986),
of the claimant; or
(ii) a person affiliated with the claimant,
including--
(I) a person controlled by, controlling, or
under common control with the claimant; or
(II) a subsidiary or parent company or
corporation of the claimant.
(3)(A) The Secretary shall adjust the fees required by this
subsection to reflect changes in the Consumer Price Index
published by the Bureau of Labor Statistics of the Department
of Labor every 5 years after the date of enactment of this Act,
or more frequently if the Secretary determines an adjustment to
be reasonable.
(B) The Secretary shall provide claimants notice of any
adjustment made under this paragraph not later than July 1 of
any year in which the adjustment is made.
(C) A fee adjustment under this paragraph shall begin to
apply the calendar year following the calendar year in which it
is made.
(4) Moneys received under this subsection that are not
otherwise allocated for the administration of the mining laws
by the Department of the Interior shall be deposited in the
Locatable Minerals Fund established by this Act.
(b) Location.--
(1) Notwithstanding any provision of law, for every
unpatented mining claim, mill or tunnel site located after the
date of enactment of this Act and before September 30, 1998,
the locator shall, at the time the location notice is recorded
with the Bureau of Land Management, pay to the Secretary a
location fee, in addition to the fee required by subsection (a)
of $50 per claim.
(2) Moneys received under this subsection that are not
otherwise allocated for the administration of the mining laws
by the Department of the Interior shall be deposited in the
Locatable Minerals Fund established by this Act.
(c) Co-Ownership.--The co-ownership provisions of the Mining Law of
1872 (30 U.S.C. 28 et seq.) will remain in effect except that the
annual claim maintenance fee, where applicable, shall replace
applicable assessment requirements and expenditures.
(d) Failure To Pay.--Failure to pay the claim maintenance fee as
required by subsection (a) shall conclusively constitute a forfeiture
of the unpatented mining claim, mill or tunnel site by the claimant and
the claim shall be deemed null and void by operation of law.
(e) Other Requirements.--
(1) Nothing in this section shall change or modify the
requirements of section 314(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements
of section 314(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1744(c)) related to filings required by
section 314(b), which remain in effect.
(2) Section 2324 of the Revised Statutes of the United
States (30 U.S.C. 28) is amended by inserting ``or section
103(a) of the Hardrock Mining and Reclamation Act of 2009''
after ``Act of 1993''.
SEC. 104. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.
Timely payment of the claim maintenance fee required by section 103
of this Act or any related law relating to the use of Federal land,
asserts the claimant's authority to use and occupy the Federal land
concerned for prospecting and exploration, consistent with the
requirements of this Act and other applicable law.
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 only on 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.
(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) Wilderness study areas.
(2) Areas of critical environmental concern.
(3) Areas designated for inclusion in the National Wild and
Scenic Rivers System pursuant to the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.), areas designated for potential
addition to such system pursuant to section 5(a) of that Act
(16 U.S.C. 1276(a)), and areas determined to be eligible for
inclusion in such system pursuant to section 5(d) of such Act
(16 U.S.C. 1276(d)).
(4) Any area identified in the set of inventoried roadless
areas maps contained in the Forest Service Roadless Area
Conservation Final Environmental Impact Statement, Volume 2,
dated November 2000.
(c) Existing Authority Not Affected.--Nothing in this Act limits
the authority granted the Secretary in section 204 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1714) to withdraw public
lands.
SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL SUBDIVISIONS, AND
INDIAN TRIBES.
(a) In General.--Subject to valid existing rights, any State or
political subdivision of a State or an Indian tribe may submit a
petition to the Secretary for the withdrawal of a specific tract of
Federal land from the operation of the general mining laws, in order to
protect specific values identified in the petition that are important
to the State or political subdivision or Indian tribe. Such values may
include the value of a watershed to supply drinking water, wildlife
habitat value, cultural or historic resources, or value for scenic
vistas important to the local economy, and other similar values. In the
case of an Indian tribe, the petition may also identify religious or
cultural values that are important to the Indian tribe. The petition
shall contain the information required by section 204 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1714).
(b) Consideration of Petition.--The Secretary--
(1) shall solicit public comment on the petition;
(2) shall make a final decision on the petition within 180
days after receiving it; and
(3) shall grant the petition subject to valid existing
rights, unless the Secretary makes and publishes in the Federal
Register specific findings why a decision to grant the petition
would be against the national interest.
TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.
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, unless expressly stated
otherwise in this Act, the Secretary--
(1) shall ensure that mineral activities on any Federal
land that is subject to a mining claim, millsite claim, or
tunnel site claim is carefully controlled to prevent undue
degradation of public lands and resources; and
(2) shall not grant permission to engage in mineral
activities if the Secretary, after considering the evidence,
makes and publishes in the Federal Register a determination
that undue degradation would result from such activities.
SEC. 302. PERMITS.
(a) Permits Required.--No person may engage in mineral activities
on Federal land 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 Federal land.
(c) Coordination With NEPA Process.--To the extent practicable, the
Secretary and the Secretary of Agriculture shall conduct the permit
processes under this Act in coordination with the timing and other
requirements under section 102 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332).
SEC. 303. EXPLORATION PERMIT.
(a) Authorized Exploration Activity.--Any claim holder may apply
for an exploration permit for any mining claim authorizing the claim
holder to remove a reasonable amount of the locatable minerals from the
claim for analysis, study and testing. Such permit shall not authorize
the claim holder to remove any mineral for sale nor to conduct any
activities other than those required for exploration for locatable
minerals and reclamation.
(b) Permit Application Requirements.--An application for an
exploration permit under this section shall be submitted in a manner
satisfactory to the Secretary or, for National Forest System lands, the
Secretary of Agriculture, and shall contain an exploration plan, a
reclamation plan for the proposed exploration, and such documentation
as necessary to ensure compliance with applicable Federal and State
environmental laws and regulations.
(c) Reclamation Plan Requirements.--The reclamation plan required
to be included in a permit application under subsection (b) shall
include such provisions as may be jointly prescribed by the Secretary
and the Secretary of Agriculture.
(d) Permit Issuance or Denial.--The Secretary, or for National
Forest System lands, the Secretary of Agriculture, shall issue an
exploration permit pursuant to an application under this section unless
such Secretary makes any of the following determinations:
(1) The permit application, the exploration plan and
reclamation plan are not complete and accurate.
(2) The applicant has not demonstrated that proposed
reclamation can be accomplished.
(3) The proposed exploration activities and condition of
the land after the completion of exploration activities and
final reclamation would not conform with the land use plan
applicable to the area subject to mineral activities.
(4) The area subject to the proposed permit is included
within an area not open to location under section 201.
(5) The applicant has not demonstrated that the exploration
plan and reclamation plan will be in compliance with the
requirements of this Act and all other applicable Federal
requirements, and any State requirements agreed to by the
Secretary of the Interior (or Secretary of Agriculture, as
appropriate).
(6) The applicant has not demonstrated that the
requirements of section 306 (relating to financial assurance)
will be met.
(7) The applicant is eligible to receive a permit under
section 305.
(e) Term of Permit.--An exploration permit shall be for a stated
term. The term shall be no greater than that necessary to accomplish
the proposed exploration, and in no case for more than 10 years.
(f) Permit Modification.--During the term of an exploration permit
the permit holder may submit an application to modify the permit. To
approve a proposed modification to the permit, the Secretary concerned
shall make the same determinations as are required in the case of an
original permit, except that the Secretary and the Secretary of
Agriculture may specify by joint rule the extent to which requirements
for initial exploration permits under this section shall apply to
applications to modify an exploration permit based on whether such
modifications are deemed significant or minor.
(g) Transfer, Assignment, or Sale of Rights.--(1) No transfer,
assignment, or sale of rights granted by a permit issued under this
section shall be made without the prior written approval of the
Secretary or for National Forest System lands, the Secretary of
Agriculture.
(2) Such Secretary shall allow a person holding a permit to
transfer, assign, or sell rights under the permit to a successor, if
the Secretary finds, in writing, that the successor--
(A) is eligible to receive a permit in accordance with
section 304(d);
(B) has submitted evidence of financial assurance
satisfactory under section 306; and
(C) meets any other requirements specified by the
Secretary.
(3) The successor in interest shall assume the liability and
reclamation responsibilities established by the existing permit and
shall conduct the mineral activities in full compliance with this Act,
and the terms and conditions of the permit as in effect at the time of
transfer, assignment, or sale.
(4) Each application for approval of a permit transfer, assignment,
or sale pursuant to this subsection shall be accompanied by a fee
payable to the Secretary of the Interior in such amount as may be
established by such Secretary. Such amount shall be equal to the actual
or anticipated cost to the Secretary or the Secretary of Agriculture,
as appropriate, of reviewing and approving or disapproving such
transfer, assignment, or sale, as determined by the Secretary of the
Interior.
SEC. 304. OPERATIONS PERMIT.
(a) Operations Permit.--(1) Any claim holder that is in compliance
with the general mining laws and section 103 of this Act 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, other than casual use, on--
(A) any valid mining claim, valid millsite claim, or valid
tunnel site claim; and
(B) such additional Federal land as the Secretary may
determine is necessary to conduct the proposed mineral
activities, if the operator obtains a right-of-way permit for
use of such additional lands under title V of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and
agrees to pay all fees required under that title for the permit
under that title.
(2) 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.
(c) Permit Issuance or Denial.--(1) After providing for public
participation pursuant to subsection (i), 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 and will not cause
undue degradation.
(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 proposed operation has been designed to prevent
material damage to the hydrologic balance outside the permit
area.
(F) The applicant will fully comply with the requirements
of section 306 (relating to financial assurance) prior to the
initiation of operations.
(G) 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 305.
(H) 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) 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 et
seq.), 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 that 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 et
seq.) or corrective actions under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(d) Term of Permit; Renewal.--
(1) An operations permit--
(A) shall be for a term that is no longer than the
shorter of--
(i) the period necessary to accomplish the
proposed mineral activities subject to the
permit; and
(ii) 20 years; and
(B) shall be renewed for an additional 20-year
period if the operation is in compliance with the
requirements of this Act and other applicable law.
(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.
(e) 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).
(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.
(f) 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.
(g) Permit Reviews.--The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall review each permit issued
under this section every 10 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.
(h) 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 305;
(B) has submitted evidence of financial assurance
satisfactory under section 306; 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.
(i) Public Participation.--The Secretary of the Interior and the
Secretary of Agriculture shall jointly promulgate regulations to ensure
transparency and public participation in permit decisions required
under this Act, consistent with any requirements that apply to such
decisions under section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
SEC. 305. 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 et seq.) 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. 306. FINANCIAL ASSURANCE.
(a) Financial Assurance Required.--(1) After a permit is issued
under this title and before any exploration or operations begin under
the permit, 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. The financial assurance shall
be provided in the form of a surety bond, a trust fund, letters of
credits, government securities, certificates of deposit, cash, or an
equivalent form approved by such Secretary.
(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 exploration permits) or section 304(e) (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, 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 304(f) (relating to temporary cessation
of operations), but the financial assurance shall otherwise be in
compliance with this section. The Secretary concerned shall review the
financial guarantee every 3 years and as part of the permit application
review under section 304(c).
(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
308, 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,
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 307(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 explorations or 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. 307. OPERATION AND RECLAMATION.
(a) General Rule.--(1) 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.--The Secretary of the
Interior and the Secretary of Agriculture shall jointly promulgate
regulations that establish operation and reclamation standards for
mineral activities permitted under this Act. The Secretaries may
determine whether outcome-based performance standards or technology-
based design standards are most appropriate. The regulations shall
address the following:
(1) Segregation, protection, and replacement of topsoil or
other suitable growth medium, and the prevention, where
possible, of soil contamination.
(2) Maintenance of the stability of all surface areas.
(3) Control of sediments to prevent erosion and manage
drainage.
(4) Minimization of the formation and migration of acidic,
alkaline, metal-bearing, or other deleterious leachate.
(5) Reduction of the visual impact of mineral activities to
the surrounding topography, including as necessary pit
backfill.
(6) Establishment of a diverse, effective, and permanent
vegetative cover of the same seasonal variety native to the
area affected by mineral activities, and equal in extent of
cover to the natural vegetation of the area.
(7) Design and maintenance of leach operations,
impoundments, and excess waste according to standard
engineering standards to achieve and maintain stability and
reclamation of the site.
(8) Removal of structures and roads and sealing of drill
holes.
(9) Restoration of, or mitigation for, fish and wildlife
habitat disturbed by mineral activities.
(10) Preservation of cultural, paleontological, and cave
resources.
(11) Prevention and suppression of fire in the area of
mineral activities.
(c) Surface or Groundwater Withdrawals.--The Secretary shall work
with State and local governments with authority over the allocation and
use of surface and groundwater in the area around the mine site as
necessary to ensure that any surface or groundwater withdrawals made as
a result of mining activities approved under this section do not cause
undue degradation.
(d) 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.
SEC. 308. STATE LAW AND REGULATION.
(a) State Law.--(1) Any reclamation, land use, environmental, or
public health protection standard or requirement in State law or
regulation that meets or exceeds the requirements of this Act shall not
be construed to be inconsistent with any such standard.
(2) Any bonding standard or requirement in State law or regulation
that meets or exceeds the requirements of this Act shall not be
construed to be inconsistent with such requirements.
(3) Any inspection standard or requirement in State law or
regulation that meets or exceeds the requirements of this Act 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
requirements of this Act for the purposes of such plan of operations.
Any such common regulatory framework shall not negate the authority of
the Federal Government to independently inspect mines and operations
and bring enforcement actions for violations.
(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.
SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS.
No permit shall be issued under this title that authorizes mineral
activities that would impair the land or resources of a National Park
or a National Monument. For purposes of this section, the term
``impair'' shall include any diminution of the affected land including
wildlife, scenic assets, water resources, air quality, and acoustic
qualities, or other changes that would impair a citizen's experience at
the National Park or National Monument.
TITLE IV--MINING MITIGATION
Subtitle A--Locatable Minerals Fund
SEC. 401. ESTABLISHMENT OF FUND.
(a) Establishment.--There is established on the books of the
Treasury of the United States a separate account to be known as the
Locatable Minerals Fund (hereinafter in this subtitle referred to as
the ``Fund'').
(b) Investment.--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.
SEC. 402. CONTENTS OF FUND.
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 fees received under section 304(a)(1)(B).
(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 amounts received by the United States pursuant to
section 101 from issuance of patents.
(6) All amounts received by the United States pursuant to
section 103 as claim maintenance and location fees minus the
moneys allocated for administration of the mining laws by the
Department of the Interior.
(7) All income on investments under section 401(b).
SEC. 403. SUBACCOUNTS.
There shall be in the Fund 2 subaccounts, as follows:
(1) The Hardrock Reclamation Account, which shall consist
of two-thirds of the amounts credited to the Fund under section
402 and which shall be administered by the Secretary acting
through the Director of the Office of Surface Mining and
Enforcement.
(2) The Hardrock Community Impact Assistance Account, which
shall consist of one-third of the amounts credited to the Fund
under section 402 and which shall be administered by the
Secretary acting through the Director of the Bureau of Land
Management.
Subtitle B--Use of Hardrock Reclamation Account
SEC. 411. USE AND OBJECTIVES OF THE ACCOUNT.
(a) In General.--The Secretary is authorized, subject to
appropriations, to use moneys in the Hardrock Reclamation Account 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 412, including any of the following:
(1) Protecting public health and safety.
(2) Preventing, abating, treating, and controlling water
pollution created by abandoned mine drainage, including in
river watershed areas.
(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) Allocation.--Of the amounts deposited into the Hardrock
Reclamation Account, 50 percent shall be allocated by the Secretary
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. Expenditures of the
remainder of such amounts 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, which may include restoration activities in
river watershed areas.
(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 Hardrock Reclamation Account 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 et seq.), and that avoid oversight by multiple
agencies to the maximum extent practicable.
SEC. 412. 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
Hardrock Reclamation Account.
(c) Inventory.--The Secretary shall prepare and maintain a publicly
available inventory of abandoned locatable minerals mines on public
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. 413. EXPENDITURES.
Moneys available from the Hardrock Reclamation Account may be
expended for the purposes specified in section 411 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. 414. AUTHORIZATION OF APPROPRIATIONS.
Amounts credited to the Hardrock Reclamation Account are authorized
to be appropriated for the purpose of this subtitle without fiscal year
limitation.
Subtitle C--Use of Hardrock Community Impact Assistance Account
SEC. 421. USE AND OBJECTIVES OF THE ACCOUNT.
Amounts in the Hardrock Community Impact Assistance Account 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. 422. ALLOCATION OF FUNDS.
Moneys deposited into the Hardrock Community Impact Assistance
Account shall be allocated by the Secretary for purposes of section 421
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 public 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 public land use decisionmaking''.
SEC. 502. USER FEES.
(a) In General.--The Secretary and the Secretary of Agriculture may
each 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.
(b) Adjustment.--(1) The Secretary shall adjust the fees required
by this section to reflect changes in the Consumer Price Index
published by the Bureau of Labor Statistics of the Department of Labor
every 5 years after the date of enactment of this Act, or more
frequently if the Secretary determines an adjustment to be reasonable.
(2) The Secretary shall provide claimants notice of any adjustment
made under this subsection not later than July 1 of any year in which
the adjustment is made.
(3) A fee adjustment under this subsection shall begin to apply the
calendar year following the calendar year in which it is made.
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 requirements of this
Act.
(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 304(f) (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
requirements of a permit approved under this Act 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 that shall
identify compliance with all requirements of a permit approved under
this Act. 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
explorations or operations permit.
(2) 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 requirements of a permit approved
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.
(3) 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 (3). 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) who is alleged to be in violation of
any of the provisions of this Act or any regulation promulgated
pursuant to title III of this Act or any term or condition of
any permit issued under title III of this Act; or
(2) against the Secretary or the Secretary of Agriculture
where there is alleged a failure of such Secretary to perform
any act or duty under this Act, or to promulgate any regulation
under this Act, which is not within the discretion of the
Secretary concerned.
The United States district courts shall have jurisdiction over actions
brought under this section, without regard to the amount in controversy
or the citizenship of the parties, including actions brought to apply
any civil penalty under this Act. The district courts of the United
States shall have jurisdiction to compel agency action unreasonably
delayed, except that an action to compel agency action reviewable under
section 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 end of the 60-day period beginning on the date the
plaintiff has given notice in writing of such alleged violation to the
alleged violator and 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.
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 or she 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.
(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 or she
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 requirement under a
permit approved under 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
requirement of a permit approved under this Act 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 a requirement of a
permit approved under this Act 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--
(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 306;
(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 305(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 requirement of a permit issued under
this Act, 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.
The Secretary and the Secretary of Agriculture shall issue such
regulations as are necessary to implement this Act. The regulations
implementing title II, title III, title IV, and title V that affect the
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.
SEC. 508. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act,
except as otherwise provided in this Act.
Subtitle B--Miscellaneous Provisions
SEC. 511. OIL SHALE CLAIMS.
Section 2511(f) of the Energy Policy Act of 1992 (Public Law 102-
486) is amended--
(1) by striking ``as prescribed by the Secretary''; and
(2) by inserting before the period the following: ``in the
same manner as required by title II and title III of the
Hardrock Mining and Reclamation Act of 2009''.
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 et seq.), or the Solid Waste Disposal Act (42
U.S.C. 3251 et seq.).
(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
(16 U.S.C. 470 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.
(d) Sovereign Immunity of Indian Tribes.--Nothing in this section
shall be construed so as to waive the sovereign immunity of any Indian
tribe.
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--
(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''; and
(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 2009,
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 2009;
``(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 2009; 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--
(1) in subsection (b) by inserting ``and mineral material''
after ``vegetative''; and
(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 et seq.) 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 et seq.) 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.
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