[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2467 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2467
To provide that production of all locatable minerals from mining claims
located under the general mining laws, or mineral concentrates or
products derived from locatable minerals from such mining claims, shall
be subject to a royalty of 12.5 percent of the gross income from
mining, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2013
Mr. Markey (for himself, Mr. Holt, and Mr. Grijalva) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To provide that production of all locatable minerals from mining claims
located under the general mining laws, or mineral concentrates or
products derived from locatable minerals from such mining claims, shall
be subject to a royalty of 12.5 percent of the gross income from
mining, 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 ``Abandoned Mine
Lands Cleanup and Taxpayer Fairness Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HARDROCK MINING REFORM
Sec. 101. Short title.
Sec. 102. Definitions and references.
Sec. 103. Application rules.
Subtitle A--Mineral Exploration and Development
Sec. 111. Royalty.
Sec. 112. Hardrock mining claim maintenance fee.
Sec. 113. Effect of payments for use and occupancy of claims.
Sec. 114. Limitation on patents.
Subtitle B--Protection of Special Places
Sec. 121. Lands open to location.
Sec. 122. Withdrawal petitions by States, political subdivisions, and
Indian tribes.
Subtitle C--Environmental Considerations of Mineral Exploration and
Development
Sec. 131. General standard for hardrock mining on Federal land.
Sec. 132. Permits.
Sec. 133. Exploration permit.
Sec. 134. Operations permit.
Sec. 135. Persons ineligible for permits.
Sec. 136. Financial assurance.
Sec. 137. Operation and reclamation.
Sec. 138. State law and regulation.
Sec. 139. Limitation on the issuance of permits.
Subtitle D--Administrative and Miscellaneous Provisions
Sec. 141. Policy functions.
Sec. 142. User fees.
Sec. 143. Inspection and monitoring.
Sec. 144. Citizens suits.
Sec. 145. Administrative and judicial review.
Sec. 146. Enforcement.
Sec. 147. Regulations.
Sec. 148. Effective date.
Sec. 149. Savings clause.
Sec. 150. Availability of public records.
Sec. 151. Miscellaneous powers.
Sec. 152. Multiple mineral development and surface resources.
Sec. 153. Mineral materials.
TITLE II--ABANDONED MINE RECLAMATION
Sec. 201. Short title.
Sec. 202. Definitions and references.
Subtitle A--Hardrock Mining Reclamation
Sec. 211. Displaced material reclamation fee.
Sec. 212. Fees adjustments.
Subtitle B--Abandoned Mine Cleanup Fund
Sec. 221. Establishment of fund.
Sec. 222. Use and objectives of the fund.
Sec. 223. Eligible lands and waters.
Subtitle C--Administrative Provisions
Sec. 231. Effective date.
Sec. 232. Fees adjustments.
Sec. 233. Inspection and monitoring.
Sec. 234. Regulations.
Sec. 235. Availability of public records.
TITLE I--HARDROCK MINING REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Mining Reform and Deficit
Reduction Act of 2013''.
SEC. 102. DEFINITIONS AND REFERENCES.
(a) In General.--As used in this title:
(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 title or a modification to or a renewal of a
permit under this title.
(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 title. 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
subtitle B of this title.
(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 ``mining claim''--
(A) subject to subparagraph (B), means a claim
located under the Mining Law of 1872 within the
boundaries of which exist locatable minerals the
claimant intends to extract;
(B) does not include a claim located for the
purpose of securing Federal lands for a waste rock
dump, tailings pile, or other purposes incident to
processing locatable minerals extracted elsewhere.
(14) 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.
(15) The term ``operator'' means any person proposing or
authorized by a permit issued under this title to conduct
mineral activities and any agent of such person.
(16) 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.
(17) The term ``processing'' means processes downstream of
beneficiation employed to prepare locatable mineral ore into
the final marketable product, including smelting and
electrolytic refining.
(18) The term ``Secretary'' means the Secretary of the
Interior, unless otherwise specified.
(19) The term ``temporary cessation'' means a halt in mine-
related production activities for a continuous period of no
longer than 5 years.
(20) The term ``undue degradation'' means, based on
consideration of other resource values that may be affected,
the operation or proposed operation fails to comply with the
performance standards in this title or can reasonably be
expected to cause significant environmental harm to wildlife;
land, air, or water resources; or scientific or cultural
resources.
(21) The term ``valid existing rights'' means a mining
claim or millsite claim located on lands described in section
121(b), that--
(A) was properly located and maintained under the
general mining laws prior to the date of enactment of
this Act;
(B) 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, and,
for millsite claims, does not involve more than one
mill site for every mining claim located for that
operation; and
(C) continues to be valid under this title.
(b) References to Other Laws.--
(1) Any reference in this title 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 title 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. 103. APPLICATION RULES.
(a) In General.--This title 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 title, be subject to the requirements of
this title, except as provided in paragraphs (2) and (3).
(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 5-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 5-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 title by
the end of such 5-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 112(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 112(a)(3).
(d) Application of Title to Beneficiation and Processing of Non-
Federal Minerals on Federal Lands.--The provisions of this title
(including the environmental protection requirements of subtitle C)
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 or activities related to, or incidental to, such
mineral 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.
Subtitle A--Mineral Exploration and Development
SEC. 111. ROYALTY.
(a) Reservation of Royalty.--
(1) In general.--Subject to paragraph (2), production of
all locatable minerals from any mining claim located under the
general mining laws and maintained in compliance with this
title, 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 12.5 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) 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).
(3) Deposit.--Amounts received by the United States as
royalties under this subsection shall be deposited into the
Treasury.
(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 there from 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 there from 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 title, 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 136 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 title, 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 title.
(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 title 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.
(g) 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 title 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.
(h) 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.
(i) 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.
(j) 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 title
were a lease under that Act.
(k) Use of Amounts for Deficit Reduction.--Notwithstanding any
other provision of law, any amounts received by the United States as
royalties under this section shall be deposited in the Treasury and
used for Federal budget deficit reduction or, if there is no Federal
budget deficit, for reducing the Federal debt in such manner as the
Secretary of the Treasury considers appropriate.
SEC. 112. 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 $200 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 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. The Secretary shall employ 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).
(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.
(b) Location.--Notwithstanding any provision of law, for every
unpatented mining claim, mill or tunnel site located after the date of
enactment of this Act the locator shall, at the time the location
notice is recorded with the Bureau of Land Management, pay to the
Secretary a location fee, in addition to the fee required by subsection
(a) of $50 per claim.
(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 Mining Reform and Deficit Reduction Act of 2013''
after ``Act of 1993,''.
SEC. 113. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.
Timely payment of the claim maintenance fee required by section 112
of this title or any related law relating to the use of Federal land,
preserves the claimant's ability to use and occupy the Federal land
concerned for prospecting and exploration, consistent with and subject
to the requirements of this title and other applicable law.
SEC. 114. 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.
Subtitle B--Protection of Special Places
SEC. 121. 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 title 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. 122. 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.
Subtitle C--Environmental Considerations of Mineral Exploration and
Development
SEC. 131. 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 subtitle and applicable law, unless expressly
stated otherwise in this title, 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,
determines that undue degradation would result from such
activities.
SEC. 132. PERMITS.
(a) Permits Required.--No person may engage in mineral activities
on Federal land that may cause a disturbance of surface resources,
including 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
title; and
(2) a permit was issued to such person under this subtitle
authorizing such activities.
(b) Negligible Disturbance.--Notwithstanding subsection (a)(2), a
permit under this subtitle shall not be required for mineral activities
that are a casual use of the Federal land.
(c) Coordination With NEPA Process.--The Secretary and the
Secretary of Agriculture shall conduct the permit processes under this
title 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. 133. 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 121.
(5) The applicant has not demonstrated that the exploration
plan and reclamation plan will be in compliance with the
requirements of this title 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 136 (relating to financial assurance)
will be met.
(7) The applicant is ineligible to receive a permit as
determined under section 135.
(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 134(d);
(B) has submitted evidence of financial assurance
satisfactory under section 136; 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 title, 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. 134. OPERATIONS PERMIT.
(a) Operations Permit.--
(1) Any claim holder that is in compliance with the general
mining laws and section 113 of this title 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 subtitle.
(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.
(F) The applicant will fully comply with the
requirements of section 136 (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 135.
(H) The reclamation plan demonstrates that 10 years
following mine closure, no treatment of surface or
ground water 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 title 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 121.
(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 title 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 subtitle 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
135;
(B) has submitted evidence of financial assurance
satisfactory under section 136; and
(C) meets any other requirements specified by such
Secretary.
(3) The successor in interest shall assume reclamation and
other responsibilities established by the existing permit and
shall conduct the mineral activities in full compliance with
this title, 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 title, 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. 135. PERSONS INELIGIBLE FOR PERMITS.
(a) Current Violations.--Unless corrective action has been taken in
accordance with subsection (c), no permit under this subtitle 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 title or any regulation under this
title.
(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 subtitle 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 title may
be issued to any applicant if there is a demonstrated pattern of
willful violations of the environmental protection requirements of this
title by the applicant, any affiliate of the applicant, or the operator
or claim holder if different than the applicant.
SEC. 136. FINANCIAL ASSURANCE.
(a) Financial Assurance Required.--
(1) Subject to public notice and comment, and after a
permit is issued under this subtitle 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 133(f) (relating to exploration permits) or section
134(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 title
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 134(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 134(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 title.
(2) A determination that the terms and conditions of any
other applicable Federal requirements, and State requirements
applicable pursuant to cooperative agreements under section
138, 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 title have been fully met,
including the requirements of subsection (g) of this section,
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
subtitle.
(g) Effluent.--Notwithstanding section 137(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 title were
not fulfilled in fact at the time of release, such Secretary shall
issue an order under section 146 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. 137. OPERATION AND RECLAMATION.
(a) General Rule.--
(1) The operator shall restore lands subject to mineral
activities carried out under a permit issued under this
subtitle 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 title, 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 title. 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 or results in material alteration of the hydrologic
balance.
(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. 138. STATE LAW AND REGULATION.
(a) State Law.--
(1) Any reclamation, land use, environmental, or public
health protection standard or requirement in State, county,
local, or tribal law or regulation that meets or exceeds the
requirements of this title shall not be construed to be
inconsistent with any such standard.
(2) Any bonding standard or requirement in State, county,
local, or tribal law or regulation that meets or exceeds the
requirements of this title shall not be construed to be
inconsistent with such requirements.
(3) Any inspection standard or requirement in State,
county, local, or tribal law or regulation that meets or
exceeds the requirements of this title shall not be construed
to be inconsistent with such requirements.
(b) Applicability of Other State Requirements.--
(1) Nothing in this title 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 title.
(2) Nothing in this title 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 title.
(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 title.
(2) In such instances where the proposed mineral activities
would affect lands not subject to this title in addition to
lands subject to this title, 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
title 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 title 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 title.
SEC. 139. LIMITATION ON THE ISSUANCE OF PERMITS.
No permit shall be issued under this subtitle 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.
Subtitle D--Administrative and Miscellaneous Provisions
SEC. 141. 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. 142. 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 title such user fees as may be necessary to reimburse the United
States for 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. 143. 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 title.
(2) The Secretary concerned shall establish a frequency of
inspections for mineral activities conducted under a permit
issued under subtitle C, 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 134(f) (relating to temporary cessation of operations).
After revegetation has been established in accordance with a
reclamation plan, such Secretary shall conduct annually two
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
title 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.
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.
(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 title. The Secretary concerned may require
additional monitoring to be conducted as necessary to assure
compliance with the reclamation and other environmental
standards of this title. 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 title, 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 (2). A
failure to report as required by the Secretary concerned shall
constitute a violation of this title and subject the operator
to enforcement action pursuant to section 146.
SEC. 144. 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 title or any regulation
promulgated pursuant to subtitle C of this title or any term or
condition of any permit issued under subtitle C of this title;
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 title, or to promulgate any
regulation under this title, 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 title. The district courts of the United
States shall have jurisdiction to compel agency action unreasonably
delayed.
(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 any 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 prevailing or
substantially prevailing party whenever the court determines such award
is appropriate. The court may, if a temporary restraining order or
preliminary injunction is sought, require the filing of a bond or
equivalent security in accordance with the Federal Rules of Civil
Procedure.
(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 title or of any
regulation or permit issued under this title 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 title or of
any regulation or permit issued under this title or for any failure to
act as required by law.
SEC. 145. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Review by Secretary.--
(1)(A) Any person issued a notice of violation or cessation
order under section 146, 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.
(B) Any person who is subject to a penalty assessed under
section 146 may apply to the Secretary concerned for review of
the assessment.
(C) Any person may apply to such Secretary for review of
the decision.
(D) Pending a review by the Secretary or resolution of an
administrative appeal, final decisions (except enforcement
actions under section 146) 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 146.
(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.
(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 146 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
144 (relating to citizen suits).
(b) Costs.--Whenever a proceeding occurs under subsection (a), 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. 146. 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 subtitle C or
any regulation issued by the Secretaries to implement this
title, 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
title, 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
title. 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 title.
(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 143.
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 title.
(d) Penalties.--
(1) Any person who fails to comply with any requirement of
a permit approved under this title or any regulation issued by
the Secretaries to implement this title 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 title or any regulation issued
by the Secretaries to implement this title 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 subtitle C, 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
title;
(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 title;
(5) fails to maintain an adequate financial assurance under
section 136;
(6) fails to pay claim maintenance fees or other moneys due
and owing under this title; or
(7) with regard to plans conditionally approved under
section 135(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 title; or
(2) falsifies, tampers with, renders inaccurate, or fails
to install any monitoring device or method required to be
maintained under this title,
shall upon conviction, be punished by a fine of not more than $10,000.
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. 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 subtitle C; or
(2) violates any other requirement of a permit issued under
this title, 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. 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.
(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.
(i) Definition.--For purposes of this section, the term ``person''
includes any officer, agent, or employee of a person.
(j) Adjustment of Penalties.--The Secretary may adjust the
penalties described in this section as necessary.
SEC. 147. REGULATIONS.
The Secretary and the Secretary of Agriculture shall issue such
regulations as are necessary to implement this title. The regulations
implementing subtitle B, subtitle C, subtitle D, and subtitle E 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. 148. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this Act,
except as otherwise provided in this title.
SEC. 149. SAVINGS CLAUSE.
(a) Special Application of Mining Laws.--Nothing in this title
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 title, 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 title. Nothing in this
title 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 title 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 title
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 title. Except for the general mining laws,
nothing in this title shall be construed as superseding, modifying,
amending, or repealing any provision of Federal law not expressly
superseded, modified, amended, or repealed by this title. Nothing in
this title 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 title 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 title 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. 150. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials, or information
obtained by the Secretary or the Secretary of Agriculture under this
title shall be made 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. 151. MISCELLANEOUS POWERS.
(a) In General.--In carrying out his or her duties under this
title, 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 title, 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 title 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 title;
(3) may engage in any work and do all things necessary or
expedient to implement and administer the provisions of this
title;
(4) may, on any mining claim located under the general
mining laws and maintained in compliance with this title, 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 title; 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 title.
SEC. 152. 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 title.
SEC. 153. 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'' 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 Mining Reform and Deficit Reduction Act of 2013,
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 Mining Reform
and Deficit Reduction Act of 2013;
``(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 Mining
Reform and Deficit Reduction Act of 2013; 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.
TITLE II--ABANDONED MINE RECLAMATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Abandoned Mine Reclamation and
Deficit Reduction Act of 2013''.
SEC. 202. DEFINITIONS AND REFERENCES.
(a) In General.--As used in this title:
(1) The term ``beneficiation'' means the crushing and
grinding of hardrock 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.
(2) 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 title. Such term may include an agent of a
claim holder.
(3) 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.
(4) The term ``crude ore'' means ore in its unprocessed
form, containing profitable amounts of the target mineral.
(5) The term ``displaced material'' means any crude ore and
waste dislodged from its location at the time hardrock mining
begins at surface, underground, or in-situ mines.
(6) The term ``exploration'' means surface disturbance to
evaluate the type, extent, quantity, or quality of minerals
present including sampling, drilling, and analyzing hardrock
mineral values.
(7) The term ``Federal land'' means any land, including
mineral interests, owned by the United States without regard to
how the United States acquired ownership of the land and
without regard to the agency having responsibility for
management thereof, except Indian lands.
(8) The term ``hardrock'' means any mineral mined under the
Mining Law of 1872 (30 U.S.C. 22-54), and with respect to
State, Indian, and private lands, any minerals on those lands
that would be considered hardrock minerals if such minerals had
been mined under the Mining Law of 1872.
(9) The term ``hardrock mining operation'' means any
activities or operations conducted to mine minerals under the
Mining Law of 1872 (30 U.S.C. 22-54), and, with respect to
State, Indian, and private lands, any activities or operations
conducted on such lands to mine minerals that would be
considered hardrock minerals if such minerals had been mined
under the Mining Law of 1872: Provided, however, That if
subsequent to the date of enactment of this Act, any minerals
mined under the Mining Law of 1872 are transferred from the
requirements of the Mining Law of 1872 to different statutory
requirements, those activities or operations conducted on lands
to mine those minerals so transferred will continue to be
subject to the provisions of this title.
(10) 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.
(11) 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.
(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
hardrock mineral.
(13) The term ``operator'' means any person that conducts
mineral activities and any agent of such person.
(14) 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.
(15) The term ``processing'' means processes downstream of
beneficiation employed to prepare hardrock mineral ore into the
final marketable product, including but not limited to smelting
and electrolytic refining.
(16) The term ``Secretary'' means the Secretary of the
Interior, unless otherwise specified.
(17) The term ``ton'' means 2,000 pounds avoirdupois
(.90718 metric ton).
(18) The term ``waste'' means rock that must be fractured
and removed in order to gain access to crude ore.
(b) References to Other Laws.--(1) Any reference in this title 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 title 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.).
Subtitle A--Hardrock Mining Reclamation
SEC. 211. DISPLACED MATERIAL RECLAMATION FEE.
(a) Imposition of Fee.--Except as provided in paragraph (2), each
operator of a hardrock mining operation shall pay to the Secretary, for
deposit in the Abandoned Mine Cleanup Fund established by section
221(a), a displaced material reclamation fee of 7 cents per ton of
displaced material.
(b) Payment Deadline.--The reclamation fee shall be paid not later
than 60 days after the end of each calendar year beginning with the
first calendar year occurring after the date of enactment of this Act.
(c) Submission of Statement.--Together with such reclamation fee,
all operators of hardrock mining operations shall submit a statement of
the amount of displaced materials produced during mineral activities
during the previous calendar year, the accuracy of which shall be sworn
to by the operator and notarized.
(d) Penalty.--Any person, corporate officer, agent or director, on
behalf of a hardrock mining operation, who knowingly makes any false
statement, representation or certification, or knowingly fails to make
any statement, representation or certification required in this section
shall, upon conviction, be punished by a fine of not more than $10,000.
(e) Civil Action To Recover Fee.--Any portion of the reclamation
fee not properly or promptly paid pursuant to this section shall be
recoverable, with statutory interest, from the hardrock mining
operations operator, in any court of competent jurisdiction in any
action at law to compel payment of debts.
(f) Deposit of Revenues.--Amounts received by the Secretary under
subsection (a)(1) shall be deposited in the Abandoned Mine Cleanup Fund
established by section 221(a).
(g) Effect.--Nothing in this section requires a reduction in, or
otherwise affects, any similar fee required under any law (including
regulations) of any State.
SEC. 212. FEES ADJUSTMENTS.
(a) In General.--The Secretary of the Interior shall adjust the
fees required by section 211 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) Notice.--The Secretary shall provide claimants notice of any
adjustment made under this section not later than July 1 of any year in
which the adjustment is made.
(c) Application.--A fee adjustment under this section shall begin
to apply in the calendar year following the calendar year in which it
is made.
Subtitle B--Abandoned Mine Cleanup Fund
SEC. 221. 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
Abandoned Mine Cleanup Fund (hereinafter in this subtitle referred to
as the ``Fund'') consisting of the following:
(1) All donations by persons, corporations, associations,
and foundations for the purposes of this subtitle.
(2) All amounts deposited in the Fund under section 211.
(3) All income on investments under subsection (b).
(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.
(c) Administration.--
(1) The Fund shall be administered by the Secretary, acting
through the Director of the Office of Surface Mining
Reclamation and Enforcement.
(2) Amounts credited to the Fund shall be available,
without further appropriation, for obligation and expenditure,
and shall remain available until expended.
(3) The Secretary may retain such funds as necessary for
the administrative expenses of the United States, Indian
tribes, and the States to accomplish the purposes of this
subtitle.
(d) Expenditures.--Subject to section 222, amounts in the Fund may,
without fiscal year limitation and without further appropriation--
(1) be expended by the Secretary for the purposes described
in section 222;
(2) be transferred by the Secretary to the Director of the
Bureau of Land Management, the Chief of the Forest Service, the
Director of the National Park Service, the Director of the
United States Fish and Wildlife Service, or the head of any
other Federal agency, that develops, implements, and has the
ability to carry out all or a significant portion of a
reclamation program under this subtitle; or
(3) be transferred by the Secretary to an Indian tribe or a
State with an approved reclamation program, as provided in
subsection (e).
(e) State and Tribal Reclamation Programs.--
(1) Each State having within the borders of the State, or
tribe having within the borders of the reservation of the
tribe, mined land that is eligible for reclamation under this
title may submit to the Secretary a reclamation program for the
land.
(2) If the Secretary determines that a State or tribe has
developed and submitted a program for reclamation of abandoned
mines consistent with the priorities established under section
222(c) and has the ability and necessary State or tribal
legislation to implement this subtitle, the Secretary shall--
(A) approve the program; and
(B) grant to the State or tribe the exclusive
responsibility and authority to implement the approved
program.
(3) The Secretary shall withdraw the approval and
authorization if the Secretary determines that the State or
tribal program is not in compliance with procedures,
guidelines, and requirements established by the Secretary.
(4) Subject to paragraph (3), any State program in an
abandoned hardrock mine State or tribal program for reclamation
of abandoned mines approved under title IV of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et
seq.) before the date of enactment of this Act and in good
standing with the Secretary as of that date shall be considered
approved under this subtitle.
SEC. 222. USE AND OBJECTIVES OF THE FUND.
(a) Use.--
(1) The Secretary may, subject to the availability of
appropriations, use amounts in the Fund for the reclamation and
restoration of land and water resources adversely affected by
past hardrock minerals and mining and related activities in
abandoned hardrock mine States and on Indian land located
within the exterior boundaries of abandoned hardrock mine
States, including the conduct of activities--
(A) to protect public health and safety;
(B) to prevent, abate, treat, and control water
pollution created by abandoned mine drainage, including
activities conducted in watersheds;
(C) to reclaim and restore abandoned surface and
underground mined areas;
(D) to reclaim and restore abandoned milling and
processing areas;
(E) to backfill, seal, or otherwise control
abandoned underground mine entries;
(F) to revegetate land adversely affected by past
mining activities--
(i) to prevent erosion and sedimentation;
and
(ii) for any other reclamation purpose;
(G) to control surface subsidence due to abandoned
underground mines; and
(H) to enhance fish and wildlife habitat.
(2) Before expending amounts in the Fund for the purposes
described in paragraph (1), the Secretary shall make a
determination that no claim holder, operator, or other person
who is legally responsible under Federal or State law for the
reclamation of the mine site can be located before reclamation
under this title of the abandoned hardrock mine site begins.
(b) Allocation.--Of the amounts deposited in the Fund each fiscal
year--
(1) 30 percent shall be allocated by the Secretary for
expenditure by the Secretary or, if a State or Indian tribe has
a program approved under section 221(e), by the State or Indian
tribe, in the States in which, or on Indian land on which,
hardrock minerals are produced, based on a formula reflecting
existing production in the State or on the land of the Indian
tribe;
(2) 30 percent shall be allocated by the Secretary for
expenditure by the Secretary or, if a State or Indian tribe has
a program approved under section 221(e), by the State or Indian
tribe, in the States and on Indian land using a formula based
on the quantity of hardrock minerals historically produced in
the State or from the Indian land before the date of enactment
of this Act;
(3) 30 percent shall be allocated by the Secretary for
expenditures on high priority abandoned mine sites on Federal
and non-Federal land based on the priorities established in
subsection (c); and
(4) 10 percent shall be available to the Secretary for
grants under subsection (d).
(c) Priorities.--Expenditures of moneys from the Fund shall reflect
the following priorities in the order stated:
(1) The protection of public health and safety, from
extreme danger from the adverse effects of past mineral
activities, especially as relates to surface water and
groundwater contaminants.
(2) The protection of public health and safety, from the
adverse effects of past mineral activities.
(3) The restoration of land, water, and fish and wildlife
resources previously degraded by the adverse effects of past
mineral activities, which may include restoration activities in
river watershed areas.
(4) For the years 2013 through 2018, the Secretary shall
give first priority to and fully fund projects to cleanup and
reclaim abandoned hardrock mines--
(A) in States and tribal lands that have previously
been certified for completing their reclamation
obligations under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); and
(B) that are currently utilizing funds available
under section 411 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) to
fund the cleanup of abandoned hardrock mines. The
Secretary shall fund, to the extent that funds are
available in the Abandoned Mine Cleanup Fund, such
cleanups to the same level as established by the
formula established in the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et seq.)
notwithstanding the changes made under subtitle C of
this title.
(d) Grants to Public Entities and Nonprofit Organizations.--The
Secretary shall use amounts made available under subsection (b)(4) to
make grants to public entities (including State fish and game agencies
and local governments) and nonprofit organizations (based on criteria
established by the Secretary by regulation) to carry out activities
that support collaborative restoration projects to improve fish and
wildlife habitat affected by past hardrock minerals and mining
activities, including activities that--
(1) improve water quality and quantity;
(2) restore watersheds in which historic mining dewatered
or otherwise fragmented stream habitats;
(3) restore instream habitat conditions necessary to
support aquatic species;
(4) restore vegetative cover and streamside areas to
control erosion and improve conditions for fish and wildlife;
(5) control and remove noxious weeds and invasive species
associated with historic mining disturbances that affect fish
and wildlife;
(6) restore fish and wildlife habitat in cases in which
previous hardrock minerals and mining activity limits fish and
wildlife productivity;
(7) protect and restore fish and wildlife habitat in areas
affected by historic minerals and mining activity; and
(8) mitigate impacts to watersheds affected by past
hardrock minerals and mining activities.
(e) Habitat.--Reclamation and restoration activities under this
subtitle 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.
(f) 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. 223. ELIGIBLE LANDS AND WATERS.
(a) Eligibility.--Reclamation expenditures under this subtitle may
be made with respect to Federal, State, local, tribal, and private land
or water resources that traverse or are contiguous to Federal, State,
local, tribal, or private land where such lands or water resources have
been affected by past mineral activities, including any of the
following:
(1) Lands and water resources that 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.
(b) Specific Sites and Areas Not Eligible.--Sites and areas
designated for remedial action pursuant to the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have
been listed for remedial action pursuant to the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.) shall not be eligible for expenditures from the
Fund under this section.
(c) Inventory.--
(1) The Secretary shall prepare and maintain a publicly
available inventory of abandoned hardrock minerals mines on
public lands and any abandoned hardrock mineral mines 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.
(2) Not later than 5 years after the date of enactment of
this Act, and every 5 years thereafter, the Secretary shall
update the inventory described in paragraph (1).
Subtitle C--Administrative Provisions
SEC. 231. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this Act.
SEC. 232. FEES ADJUSTMENTS.
(a) In General.--The Secretary of the Interior shall adjust the
fees required by section 211 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) Notice.--The Secretary shall provide claimants notice of any
adjustment made under this section not later than July 1 of any year in
which the adjustment is made.
(c) Application.--A fee adjustment under this section shall begin
to apply in the calendar year following the calendar year in which it
is made.
SEC. 233. INSPECTION AND MONITORING.
(a) Inspections.--The Secretary of the Interior shall make
inspections of mineral activities so as to ensure compliance with the
requirements of this title.
(b) Ancillary Powers.--In connection with any hearing, inquiry,
investigation, or audit under this title, the Secretary may 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 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 title 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 title;
(3) may engage in any work and do all things necessary or
expedient to implement and administer the provisions of this
title; and
(4) 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 hardrock 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 title.
SEC. 234. REGULATIONS.
The Secretary of the Interior and the Secretary of Agriculture
shall issue such regulations as are necessary to implement this Act.
The regulations implementing subtitle B, subtitle C, subtitle D, and
subtitle E 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. 235. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials, or information
obtained by the Secretary of the Interior or the Secretary of
Agriculture under this title 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.
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