[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5753 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5753

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2018

 Mr. Grijalva (for himself, Mr. Blumenauer, Mr. Clay, Ms. DeGette, Mr. 
  Huffman, Mr. Lowenthal, Mrs. Napolitano, Mr. Pocan, Mr. Polis, Ms. 
 Schakowsky, Mr. Soto, Mr. Tonko, Ms. Velazquez, Mr. McNerney, and Ms. 
   Norton) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hardrock Leasing 
and Reclamation Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Closure to entry and location.
Sec. 102. Limitation on patents.
Sec. 103. Prospecting license and hardrock leases.
Sec. 104. Competitive leasing.
Sec. 105. Small miners leases.
Sec. 106. Lands containing nonhardrock minerals; other uses.
Sec. 107. Royalty.
Sec. 108. Existing production.
Sec. 109. Hardrock mining claim maintenance fee.
Sec. 110. Effect of payments for use and occupancy of claims.
Sec. 111. Protection of special places.
Sec. 112. Suitability determination.
   TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

Sec. 201. General standard for hardrock mining on Federal land.
Sec. 202. Permits.
Sec. 203. Exploration permit.
Sec. 204. Operations permit.
Sec. 205. Persons ineligible for permits.
Sec. 206. Financial assurance.
Sec. 207. Operation and reclamation.
Sec. 208. State law and regulation.
             TITLE III--ABANDONED HARDROCK MINE RECLAMATION

Sec. 301. Establishment of Fund.
Sec. 302. Contents of Fund.
Sec. 303. Displaced material reclamation fee.
Sec. 304. Use and objectives of the Fund.
Sec. 305. Eligible lands and waters.
Sec. 306. Authorization of appropriations.
                  TITLE IV--ADMINISTRATIVE PROVISIONS

Sec. 401. Policy functions.
Sec. 402. User fees and inflation adjustment.
Sec. 403. Inspection and monitoring.
Sec. 404. Citizens suits.
Sec. 405. Administrative and judicial review.
Sec. 406. Enforcement.
Sec. 407. Regulations.
Sec. 408. Oil shale claims.
Sec. 409. Savings clause.
Sec. 410. Availability of public records.
Sec. 411. Miscellaneous powers.
Sec. 412. Mineral materials.
Sec. 413. Effective date.

SEC. 2. DEFINITIONS AND REFERENCES.

    (a) In General.--As used in this Act:
            (1) The term ``affiliate'' means with respect to any 
        person, any of the following:
                    (A) Any person who controls, is controlled by, or 
                is under common control with such person.
                    (B) Any partner of such person.
                    (C) Any person owning at least 10 percent of the 
                voting shares of such person.
            (2) The term ``applicant'' means any person applying for a 
        permit, license, or lease under this Act or a modification to 
        or a renewal of a permit, license, or lease under this Act.
            (3) 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.
            (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. 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 ``crude ore'' means ore in its unprocessed 
        form, containing profitable amounts of the target mineral.
            (8) The term ``displaced material'' means any crude ore and 
        waste dislodged from its location at the time hardrock mineral 
        activities begin at a surface, underground, or in-situ mine.
            (9) 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 hardrock mineral 
                values; and
                    (C) does not include extraction of mineral material 
                for commercial use or sale.
            (10) The term ``Federal land'' means any land, and any 
        interest in land, that is owned by the United States, except 
        lands in the National Park System, lands held in trust for an 
        Indian or Indian tribe, and lands on the Outer Continental 
        Shelf.
            (11) The term ``Fund'' means the Hardrock Minerals 
        Reclamation Fund established by this Act.
            (12) 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.
            (13) 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.
            (14) The term ``hardrock mineral''--
                    (A) subject to subparagraph (B), means any mineral 
                that was subject to location under the general mining 
                laws as of the date of enactment of this Act, and that 
                is not subject to disposition under--
                            (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.
            (15) The term ``mineral activities'' means any activity on 
        a mining claim, millsite claim, or tunnel site claim, or a 
        lease, license, or permit issued under this Act, for, related 
        to, or incidental to, mineral exploration, mining, 
        beneficiation, processing, or reclamation activities for any 
        hardrock mineral.
            (16) The term ``National Conservation System unit'' means 
        any unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, 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.
            (17) The term ``operator'' means any person proposing or 
        authorized by a permit issued under this Act to conduct mineral 
        activities and any agent of such person.
            (18) The term ``person'' means an individual, Indian tribe, 
        partnership, association, society, joint venture, joint stock 
        company, firm, company, corporation, cooperative, or other 
        organization and any instrumentality of State or local 
        government including any publicly owned utility or publicly 
        owned corporation of State or local government.
            (19) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare locatable mineral ore into 
        the final marketable product, including but not limited to 
        smelting and electrolytic refining.
            (20) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (21) The term ``Secretary concerned'' means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service) with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior (acting through 
                the Director of the Bureau of Land Management) with 
                respect to other Federal land.
            (22)(A) The term ``small miner'' means a person (including 
        all related parties thereto) that--
                            (i) holds not more than 10 mining claims, 
                        mill sites, or tunnel sites, or any combination 
                        thereof, on public lands;
                            (ii) holds leases and permits under this 
                        Act with respect to not more than 200 acres of 
                        Federal land;
                            (iii) certifies to the Secretary in writing 
                        that the person had annual gross income in the 
                        preceding calendar year from mineral production 
                        in an amount less than $50,000 (indexed for 
                        inflation); and
                            (iv) has performed assessment work required 
                        under the Mining Law of 1872 (30 U.S.C. 28 et 
                        seq.) to maintain any mining claims held by the 
                        person (including such related parties) for the 
                        assessment year ending on noon of September 1 
                        of the calendar year in which payment of the 
                        claim maintenance fee was due.
            (B) For purposes of subparagraph (A), with respect to any 
        person, the term ``all related parties'' means--
                    (i) the spouse and dependent children (as defined 
                in section 152 of the Internal Revenue Code of 1986), 
                of the person; or
                    (ii) a person affiliated with the person concerned, 
                including--
                            (I) another person controlled by, 
                        controlling, or under common control with the 
                        person concerned; or
                            (II) a subsidiary or parent company or 
                        corporation of the person concerned.
            (C) For purposes of subparagraph (A)(iii), the dollar 
        amount shall be applied, for a person, to the aggregate of all 
        annual gross income from mineral production under all mining 
        claims held by or assigned to such person or all related 
        parties with respect to such person, including mining claims 
        located or for which a patent was issued before the date of the 
        enactment of this Act.
            (23) The term ``temporary cessation'' means a halt in mine-
        related production activities for a continuous period of no 
        longer than 5 years.
            (24) The term ``ton'' means 2,000 pounds avoirdupois 
        (.90718 metric ton).
            (25) The term ``undue degradation'' means irreparable harm 
        to significant scientific, cultural, or environmental resources 
        on public lands.
            (26) The term ``valuable mineral deposit'' means a deposit 
        of hardrock minerals that is of sufficient value for a 
        reasonable miner to economically mine.
            (27) 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) General mining laws.--Any reference in this Act to the 
        term ``general mining laws'' is a reference to those Acts that 
        generally comprise chapters 2, 12A, and 16, and sections 161 
        and 162, of title 30, United States Code.
            (2) Act of july 23, 1955.--Any reference in this Act to the 
        Act of July 23, 1955, is a reference to the Act entitled ``An 
        Act to amend the Act of July 31, 1947 (61 Stat. 681) and the 
        mining laws to provide for multiple use of the surface of the 
        same tracts of the public lands, and for other purposes'' (30 
        U.S.C. 601 et seq.).

SEC. 3. APPLICATION RULES.

    (a) In General.--This Act applies to any mining claim, millsite 
claim, or tunnel site claim located under the general mining laws, 
before or on the date of enactment of this Act.
    (b) Application of Act to Beneficiation and Processing of Non-
Federal Minerals on Federal Lands.--The provisions of this Act 
(including the environmental protection requirements of title II) shall 
apply in the same manner and to the same extent to mining claims, 
millsite claims, tunnel site claims, and any land included in a lease 
or license issued under this Act, used for beneficiation or processing 
activities for any hardrock mineral.

         TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT

SEC. 101. CLOSURE TO ENTRY AND LOCATION.

    (a) Closure.--Except as otherwise provided in this section, as of 
the effective date of this Act all Federal lands are closed to entry 
and location under the general mining laws, and no new rights under the 
general mining laws may be acquired.
    (b) Existing Nonproducing Claims.--
            (1) Claims without plan of operations.--Any claim under the 
        general mining laws existing on the effective date of this Act 
        for which a plan of operations is not approved, or a notice of 
        operations is not filed, before such date shall be subject to 
        the requirements of this Act, and may remain in effect until 
        not later than the end of the 10-year period beginning on the 
        date of enactment of this Act if the claimholder remains in 
        compliance with section 109, unless the claim holder--
                    (A) relinquishes the claim; or
                    (B) demonstrates eligibility for a lease and 
                requests conversion under the regulations issued under 
                subsection (d).
            (2) Shortening of period.--The 10-year period referred to 
        in paragraph (1) shall be shortened to 3 years if--
                    (A) the claim is for an area that is located in an 
                area withdrawn or temporarily segregated from location 
                under the general mining laws as of the effective date 
                of this Act; or
                    (B) the claim belongs to a small miner.
            (3) Conversion.--Upon showing to the satisfaction of the 
        Secretary of a valuable mineral deposit on lands subject to 
        such a claim, the Secretary may convert the claim to a 
        noncompetitive lease under the regulations issued under 
        subsection (d).
            (4) Claims not converted.--Any such claims not converted to 
        leases at the end of the applicable period under paragraph (1) 
        or (2) shall be considered invalid and void.
    (c) Existing Claims With Plan of Operation.--
            (1) In general.--In the case of any claim under the general 
        mining laws for which a plan of operations has been approved 
        but for which operations have not commenced before the date of 
        enactment of this Act--
                    (A) during the 10-year period beginning on the date 
                of enactment of this Act--
                            (i) mineral activities at lands subject to 
                        such claim shall be subject to such plan of 
                        operations; and
                            (ii) modification of such plan may be made 
                        in accordance with the provisions of law 
                        applicable before the date of the enactment of 
                        this Act if such modifications are considered 
                        minor by the Secretary concerned; and
                    (B) the operator shall bring such mineral 
                activities into compliance with this Act by the end of 
                such 10-year period.
            (2) Activities pending decision on modification to plan of 
        operations.--If an application for modification of a plan of 
        operations referred to in paragraph (1)(A)(ii) has been timely 
        submitted and an approved plan expires before Secretarial 
        action on the application, mineral activities and reclamation 
        may continue in accordance with the terms of the expired plan 
        until the Secretary makes an administrative decision on the 
        application.
            (3) Conversion requirement.--Any claims referred to in 
        paragraph (1) may remain in effect for a period of up to 10 
        years. Any claim not converted to a lease under subsection (d) 
        before the end of that period shall be subject to a fee of $100 
        per acre per day until the claim is converted to a lease.
    (d) Conversion Regulations.--
            (1) In general.--The Secretary shall issue regulations no 
        later than one year after the date of the enactment of this Act 
        to provide for the conversion of mining claims to 
        noncompetitive mining leases.
            (2) Content.--The regulations issued under paragraph (1) 
        shall--
                    (A) prohibit the conversion of a mining claim to a 
                mining lease by a claimholder who is in violation of 
                this Act or other State or Federal environmental, 
                health, or worker safety law;
                    (B) allow the Secretary to exercise discretion to 
                include nonmineral lands within the boundaries of any 
                mill site associated with the mining claim to be 
                converted to a noncompetitive lease;
                    (C) prohibit the area in any noncompetitive mining 
                lease issued under this subsection to exceed the 
                maximum area authorized by this Act to be leased to any 
                person;
                    (D) require the consent of the surface managing 
                agency for conversion to a noncompetitive mining lease;
                    (E) require the fiscal terms of the converted 
                noncompetitive mining lease to be the same as provided 
                in this Act for other hardrock mining leases;
                    (F) require compliance with all provisions of this 
                Act; and
                    (G) include any other terms the Secretary considers 
                appropriate.
    (e) Nepa.--The Secretary is not required to conduct an 
environmental analysis under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) for the issuance of a noncompetitive 
lease under this section, if the noncompetitive lease does not 
authorize any additional surface disturbance in addition to any surface 
disturbance already authorized under a mine plan of operations covering 
the mining claim that is converted.

SEC. 102. 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), in the case of a vein or lode claim, or sections 
                2329, 2330, 2331, and 2333 of the Revised Statutes (30 
                U.S.C. 35, 36, and 37), in the case of a placer claim, 
                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 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 the land subject to 
                such claim was filed with the Secretary on or before 
                September 30, 1994; and
                    (B) all requirements applicable to such patent 
                application were fully complied with before 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 such 
        determinations are withdrawn or invalidated by the Secretary or 
        by a court of the United States.

SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES.

    (a) In General.--No person may conduct mineral prospecting for 
commercial purposes for any hardrock mineral on Federal lands without a 
prospecting license or a small miners lease.
    (b) Prospecting Licenses.--
            (1) In general.--The Secretary may, under such rules and 
        regulations as the Secretary may prescribe and with the 
        concurrence of the relevant surface management agency, grant an 
        applicant a prospecting license that shall give the exclusive 
        right to prospect for specified hardrock minerals on Federal 
        lands for a period of not exceeding two years. The area subject 
        to such a license shall not exceed 2,560 acres of land, in 
        reasonably compact form. The Secretary shall charge a fee for 
        each license application to cover the costs of processing the 
        license, and the license shall be subject to annual rentals 
        equal to $10 per acre per year.
            (2) Terms and conditions.--A prospecting license must 
        conform with the terms and conditions of a comprehensive land 
        use plan approved under the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1600 et seq.) that is otherwise. For areas where a 
        comprehensive land use plan treating hardrock mining as a 
        multiple-use activity has not been completed, the Secretary 
        concerned shall ensure that the land to be covered by the 
        license is suitable for mineral activities.
            (3) Extension.--A prospecting license may be extended for 
        up to an additional four years upon a showing by the licensee 
        that the licensee explored with reasonable diligence and was 
        unable to determine the existence and workability of a valuable 
        deposit covered by the license, or that the failure to perform 
        diligent prospecting activities was due to conditions beyond 
        the licensee's control.
    (c) Noncompetitive Leases.--
            (1) In general.--Upon a showing to the satisfaction of the 
        Secretary by a prospecting licensee under subsection (a) that a 
        valuable deposit of a hardrock mineral has been discovered by 
        the licensee within an area covered by the prospecting license, 
        the licensee shall be entitled to a lease for any or all of the 
        land included in the prospecting license, as well as any 
        nonmineral lands necessary for processing or milling 
        operations, at a royalty of no less than 12.5 percent of the 
        gross value of production of hardrock minerals or mineral 
        concentrates or products derived from hardrock minerals under 
        the lease. Rentals for such lease shall be set by the Secretary 
        at no less than $10 per acre per year, with rentals paid in any 
        one year credited against royalties accruing for that year.
            (2) Lease period.--
                    (A) In general.--A lease under this section shall 
                be for a period of 20 years, with the right to renew 
                for successive periods of 10 years if hardrock minerals 
                are being produced in commercial quantities under the 
                lease.
                    (B) Extension during nonproduction.--If hardrock 
                minerals are not being produced in commercial 
                quantities at the end of the primary term or any 
                subsequent term of such a lease, the Secretary may 
                issue a 10-year extension of the lease in the interest 
                of conservation or upon a successful showing by the 
                lessee that the lease cannot be successfully operated 
                at a profit or for other reasons. No more than one 
                extension under this subparagraph may be issued.
    (d) Cumulative Acreage Limitation.--No person may take, hold, own, 
or control at one time, whether acquired directly from the Secretary 
under this Act or otherwise, hardrock mining leases or licenses for an 
aggregate of more than 20,480 acres in any one State.
    (e) Reduction of Royalty Rate.--The Secretary--
            (1) may reduce the royalty rate for a lease upon a showing 
        by clear and convincing evidence by the person conducting 
        mineral activities under the lease that production would not 
        occur without the reduction in royalty; and
            (2) may reduce royalty and rental rates for a lease to 
        encourage exploration for and development of hardrock minerals 
        classified as strategic and critical by the Department of 
        Energy.
    (f) Protection of Land and Other Resources.--The Secretary may 
include in any lease or license issued under this Act such provisions 
as are necessary to adequately protect the lands and other resources in 
the vicinity of the area subject to the lease or license. For land not 
managed by the Department of the Interior, the Secretary shall consult 
with the appropriate surface management agency in formulating such 
provisions.

SEC. 104. COMPETITIVE LEASING.

    (a) In General.--Subject to sections 111 and 112, Federal lands 
known to contain valuable deposits of hardrock minerals that are not 
covered by claims, licenses, or leases may only be open to hardrock 
mineral exploration or development through competitive leasing by the 
Secretary by such methods the Secretary may adopt by regulation and in 
such areas as the Secretary may determine, including nonmineral lands 
the Secretary considers necessary for processing or milling operations. 
The total amount of land that is subject to any such lease shall not 
exceed 2,560 acres.
    (b) Terms and Requirements.--All terms and requirements for 
competitive leases under this section shall be the same as if the 
leases were issued noncompetitively under section 103(c).

SEC. 105. SMALL MINERS LEASES.

    (a) In General.--The Secretary may issue small miners leases to 
qualified small miners that apply, under such rules and regulations as 
the Secretary may prescribe, including conditions to require diligent 
development of the lease and to ensure protection of surface resources 
and groundwater. A small miners lease shall give the leaseholder the 
exclusive right to prospect for hardrock minerals for 3 years on up to 
200 acres of contiguous or non-contiguous Federal land. The Secretary 
shall charge a reasonable application fee for such a lease. Rentals for 
such a lease shall be $5 per acre per year for the first 3 years. Such 
leases may be renewed for additional 3-year periods, with no limit, 
with a $10 per acre per year rental charged for renewed leases. Any 
individual may file a challenge with the Secretary that a leaseholder 
is in violation of the diligence terms of a small miners lease or not 
qualified as a small miner. A small miners lease that is under such a 
challenge may not be renewed unless the Secretary has determined that 
the leaseholder is a small miner and is in compliance with all the 
terms of the lease. No royalties shall be charged for commercial 
production under a small miners lease.
    (b) Conversion of Existing Claims.--An existing claim, as of 
January 1, 2017, that belongs to an individual that qualifies as a 
small miner may be converted to a small miners lease under the same 
terms and conditions that apply to other small miners leases, except 
that such lease--
            (1) shall not be subject to rental during the primary term 
        of the lease;
            (2) shall be subject to a rental of $5 per acre per year 
        for the first 3-year renewal of the lease; and
            (3) shall be subject to a rental of $10 per acre per year 
        for the second and subsequent 3-year renewals of the lease.
    (c) Limitations.--A small miners lease--
            (1) may only be held by the primary leaseholder, a spouse 
        thereof, or a direct descendent thereof;
            (2) may not be sold or transferred, other than to a spouse 
        or direct descendent of the primary leaseholder; and
            (3) is subject to all permitting requirements under this 
        Act.
    (d) Conversion to Hardrock Mineral Lease.--If the leaseholder no 
longer meets the definition of the term ``small miner'' in section 3 at 
the time a renewal is applied for because the leaseholder's gross 
income exceeds the amount specified in the definition, the leaseholder 
shall not be eligible to renew the small miners lease, but shall be 
eligible for a noncompetitive hardrock mineral lease issued under 
section 103(c). Notwithstanding section 103(c)(1), royalties under such 
a lease shall only be due on the gross income that exceeds the amount 
of gross income specified in such definition as of the time the 
hardrock mineral lease is issued.

SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; OTHER USES.

    (a) In General.--In issuing licenses and leases under this Act for 
lands that contain deposits of coal or other nonhardrock minerals, the 
Secretary shall reserve to the United States such nonhardrock minerals 
for disposal under applicable laws.
    (b) Other Uses of Licensed and Leased Lands.--
            (1) In general.--The Secretary shall promulgate regulations 
        to allow for other uses of the lands covered by a prospecting 
        license under this Act, including leases for other minerals if 
        such other uses would not unreasonably interfere with 
        operations under the prospecting license.
            (2) Prospecting licenses.--The Secretary shall include in 
        such prospecting licenses such terms and conditions as the 
        Secretary finds necessary to avoid unreasonable interference 
        with other uses occurring on, or other leases of, the licensed 
        lands.
            (3) Leases.--The Secretary shall include in leases under 
        this Act stipulations to allow for simultaneous operations 
        under other leases for the same lands.

SEC. 107. ROYALTY.

    (a) Existing Production.--Production of hardrock minerals on any 
Federal land under an operations permit from which valuable hardrock 
minerals were produced in commercial quantities before the date of the 
enactment of this Act, other than production under a small miners 
lease, shall be subject to a royalty established by the Secretary at no 
less than 8 percent of the gross value of such production, or of 
mineral concentrates or products derived from hardrock minerals. 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 a royalty established by the Secretary for such 
lease of no less than 12.5 percent of the gross value of production of 
hardrock minerals, or mineral concentrates or products derived from 
hardrock minerals.
    (b) Liability.--The claim or leaseholder, or any operator to whom 
the claim or lease holder has assigned the obligation to make royalty 
payments under the claim or lease and any person who controls such 
claim or lease holder or operator, shall be liable for payment of such 
royalties.
    (c) Disposition.--Of the revenues collected under this title, 
including rents, royalties, claim maintenance fees, interest charges, 
fines, and penalties--
            (1) 25 percent shall be paid to the State within the 
        boundaries of which the leased, licensed, or claimed lands, or 
        operations subject to such interest charges, fines, or 
        penalties are or were located; and
            (2) the remainder shall be deposited in the account 
        established under section 301.
    (d) Duties of Claim or Lease 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 or lease under this title.
    (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 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 
        hardrock minerals, concentrates, or products derived therefrom 
        that are produced or stored on the area subject to a mining 
        claim or lease, and such provisions shall conform with such 
        minimum standards as the Secretary may prescribe by rule, 
        taking into account the variety of circumstances on areas 
        subject to mining claims and leases; and
            (B) not later than the 5th business day after production 
        begins anywhere on an area subject to a mining claim or lease, 
        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 hardrock mineral, concentrate, or product derived 
therefrom to carry on his or her person, in his or her vehicle, or in 
his or her immediate control, documentation showing, at a minimum, the 
amount, origin, and intended destination of the hardrock mineral, 
concentrate, or product derived therefrom in such circumstances as the 
Secretary determines is appropriate.
    (e) Recordkeeping and Reporting Requirements.--(1) A claim or lease 
holder, operator, or other person directly involved in developing, 
producing, processing, transporting, purchasing, or selling hardrock 
minerals, concentrates, or products derived therefrom, subject to this 
Act, through the point of royalty computation shall establish and 
maintain any records, make any reports, and provide any information 
that the Secretary may reasonably require for the purposes of 
implementing this section or determining compliance with rules or 
orders under this section. Such records shall include, but not be 
limited to, periodic reports, records, documents, and other data. Such 
reports may also include, but not be limited to, pertinent technical 
and financial data relating to the quantity, quality, composition 
volume, weight, and assay of all minerals extracted from the mining 
claim or lease. 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 or lease 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 or lease.
    (2) Records required by the Secretary under this section shall be 
maintained for 7 years after release of financial assurance under 
section 206 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.
    (f) Audits.--The Secretary is authorized to conduct such audits of 
all claim or lease holders, operators, transporters, purchasers, 
processors, or other persons directly or indirectly involved in the 
production or sales of minerals covered by this Act, as the Secretary 
deems necessary for the purposes of ensuring compliance with the 
requirements of this section. For purposes of performing such audits, 
the Secretary shall, at reasonable times and upon request, have access 
to, and may copy, all books, papers and other documents that relate to 
compliance with any provision of this section by any person.
    (g) 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 hardrock 
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 hardrock minerals, 
concentrates, or products derived therefrom from claims or leases on 
lands open to location under this Act.
    (3) Trade secrets, proprietary, and other confidential information 
protected from disclosure under section 552 of title 5, United States 
Code, popularly known as the Freedom of Information Act, shall be made 
available by the Secretary to other Federal agencies as necessary to 
assure compliance with this Act and other Federal laws. The Secretary, 
the Secretary of Agriculture, the Administrator of the Environmental 
Protection Agency, and other Federal officials shall ensure that such 
information is provided protection in accordance with the requirements 
of that section.
    (h) Interest and Substantial Underreporting Assessments.--(1) In 
the case of mining claims or leases 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 or lease for any production month by any person liable for 
royalty payments under this section, the Secretary shall assess a 
penalty of not greater than 25 percent of the amount of that 
underreporting.
    (3) For the purposes of this subsection, the term 
``underreporting'' means the difference between the royalty on the 
value of the production that should have been reported and the royalty 
on the value of the production which was reported, if the value that 
should have been reported is greater than the value that was reported.
    (4) The Secretary may waive or reduce the assessment provided in 
paragraph (2) of this subsection if the person liable for royalty 
payments under this section corrects the underreporting before the date 
such person receives notice from the Secretary that an underreporting 
may have occurred, or before 90 days after the date of the enactment of 
this section, whichever is later.
    (5) The Secretary shall waive any portion of an assessment under 
paragraph (2) of this subsection attributable to that portion of the 
underreporting for which the person responsible for paying the royalty 
demonstrates that--
            (A) such person had written authorization from the 
        Secretary to report royalty on the value of the production on 
        basis on which it was reported;
            (B) such person had substantial authority for reporting 
        royalty on the value of the production on the basis on which it 
        was reported;
            (C) such person previously had notified the Secretary, in 
        such manner as the Secretary may by rule prescribe, of relevant 
        reasons or facts affecting the royalty treatment of specific 
        production which led to the underreporting; or
            (D) such person meets any other exception which the 
        Secretary may, by rule, establish.
    (6) All penalties collected under this subsection shall be 
deposited in the Hardrock Mining Reclamation Fund established by this 
Act.
    (i) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on all hardrock minerals, concentrates, or products derived 
therefrom lost or wasted from a mining claim or lease 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.
    (j) Gross Income From Mining Defined.--For the purposes of this 
section, for any hardrock 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.
    (k) Effective Date.--Royalties under this Act shall take effect 
with respect to the production of hardrock 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.
    (l) 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 or lease 
maintained in compliance with this Act were a lease under that Act.

SEC. 108. EXISTING PRODUCTION.

    The holder of a mining claim located or converted under this Act 
for which mineral operations have already commenced under an approved 
plan of operations as of the date of enactment of this Act shall have 
the exclusive right of possession and use of the claimed land for 
mineral activities, including the right of ingress and egress to such 
claimed lands for such activities, subject to the rights of the United 
States under this Act and other applicable Federal law. Such rights of 
the claim holder shall terminate upon completion of mineral activities 
of lands to the satisfaction of the Secretary.

SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE.

    (a) Fee.--
            (1)(A) Except as provided in section 2511(e)(2) of the 
        Energy Policy Act of 1992 (relating to oil shale claims), or 
        otherwise provided in this Act for each unpatented mining 
        claim, mill, or tunnel site on federally owned lands, whether 
        located before or on the date of 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)).
            (B) Subaragraph (A) and the assessment work requirement 
        contained in the Mining Law of 1872 (30 U.S.C. 28 et seq.) 
        shall not apply with respect to any claim held by a small 
        miner.
            (2)(A) The Secretary shall adjust the fees required by this 
        subsection to reflect changes in the Consumer Price Index 
        published by the Bureau of Labor Statistics of the Department 
        of Labor every 3 years after the date of enactment of this Act, 
        or more frequently if the Secretary determines an adjustment to 
        be reasonable.
            (B) The Secretary shall provide claimants notice of any 
        adjustment made under this paragraph not later than July 1 of 
        any year in which the adjustment is made.
            (C) A fee adjustment under this paragraph shall begin to 
        apply the calendar year following the calendar year in which it 
        is made.
            (3) Moneys received under this subsection that are not 
        otherwise allocated for the administration of the mining laws 
        by the Department of the Interior shall be deposited in the 
        Hardrock Mining Reclamation Fund established by this Act.
    (b) 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.
    (c) 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.
    (d) Other Requirements.--
            (1) Nothing in this section shall change or modify the 
        requirements of section 314(b) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements 
        of section 314(c) of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1744(c)) related to filings required by 
        section 314(b), which remain in effect.
            (2) Section 2324 of the Revised Statutes of the United 
        States (30 U.S.C. 28) is amended by inserting ``or section 
        103(a) of the Hardrock Leasing and Reclamation Act of 2018'' 
        after ``Act of 1993''.

SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.

    Except as otherwise provided in section 101, timely payment of the 
claim maintenance fee required by section 109 or any related law 
relating to the use of Federal land, asserts the claimant's authority 
to use and occupy the Federal land concerned for prospecting and 
exploration, consistent with the requirements of this Act and other 
applicable law.

SEC. 111. PROTECTION OF SPECIAL PLACES.

    (a) Protection of National Parks and National Monuments.--No permit 
shall be issued under this Act that authorizes mineral activities that 
would impair the land or resources of a National Park or a National 
Monument. For purposes of this subsection, the term ``impair'' includes 
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.
    (b) Protection of Conservation Areas.--In order to protect the 
resources and values of National Conservation System units, the 
Secretary, as appropriate, shall utilize authority under this Act and 
other applicable law to the fullest extent necessary to prevent mineral 
activities that could have an adverse impact on the resources or values 
for which such units were established
    (c) Lands Not Open to Mining.--Notwithstanding any other provision 
of law and subject to valid existing rights, no hardrock mining 
activity shall be allowed in any of the following:
            (1) Wilderness study areas.
            (2) Areas of critical environmental concern.
            (3) Units of the National Conservation System.
            (4) 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)).
            (5) 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.

SEC. 112. SUITABILITY DETERMINATION.

    (a) In General.--The Secretary concerned shall make each 
determination of whether lands are suitable for mineral activities that 
is otherwise required by this Act, in accordance with subsection (b).
    (b) Suitability.--
            (1) In general.--The Secretary concerned shall consider 
        lands suitable for mineral activities if the Secretary 
        concerned finds that such activities would not result in 
        significant, permanent, and irreparable damage to a special 
        characteristic described in paragraph (2) that cannot be 
        prevented by the imposition of conditions in the permit 
        required for such activities under title II.
            (2) Special characteristics.--For purposes of paragraph (1) 
        the Secretary concerned shall consider each of the following to 
        be a special characteristic:
                    (A) The existence of a significant water resource 
                or supply in or associated with such lands, including 
                any aquifer or aquifer recharge area.
                    (B) The presence on such lands of a publicly owned 
                place that is listed on, or determined by the Secretary 
                of the Interior to be eligible for listing on, the 
                National Register of Historic Places.
                    (C) The designation of all or any portion of such 
                lands, or any adjacent lands, as a National 
                Conservation System unit.
                    (D) The designation of all or any portion of such 
                lands, or any adjacent lands, as critical habitat under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                    (E) The designation of all or any portion of such 
                lands as a class I area under section 162 of the Clean 
                Air Act (42 U.S.C. 7472).
                    (F) The presence of such other resource values as 
                the Secretary concerned may by rule specify, determined 
                based upon field testing that verifies such values.
                    (G) The designation of such lands, or adjacent 
                lands, as a Research Natural Area.
                    (H) The presence on such lands of a sacred site of 
                an Indian tribe, as those terms are defined in 
                Executive Order 13007, or other cultural and religious 
                values.
            (3) A determination under this subsection of suitability 
        for mineral activities shall be made after publication of 
        notice and an opportunity for submission of public comment for 
        a period of not less than 60 days.
            (4) Any determination made in accordance with this 
        subsection with respect to lands shall be incorporated into 
        each Federal land use plan applicable to such lands, at the 
        time such plan is adopted, revised, or significantly amended 
        pursuant to any Federal law other than this Act.
    (c) Existing Operations.--Nothing in this section shall be 
construed as affecting lands on which mineral activities were being 
conducted on the date of enactment of this Act under an approved plan 
of operations or under notice.

   TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 201. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.

    Notwithstanding section 302(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the 
Act of June 4, 1897 (chapter 2; 30 Stat. 36; 16 U.S.C. 478), and the 
National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this title and applicable law, unless expressly stated 
otherwise in this Act, the Secretary shall ensure that mineral 
activities on any Federal land that is subject to a mining claim, 
millsite claim, tunnel site claim, or any authorization issued under 
title I of this Act are carefully controlled to prevent undue 
degradation of public lands and resources.

SEC. 202. PERMITS.

    (a) Permits Required.--No person may engage in mineral activities 
on Federal land that may cause a disturbance of surface resources, 
including but not limited to land, air, ground water and surface water, 
and fish and wildlife, unless a permit was issued to such person under 
this title authorizing such activities.
    (b) Negligible Disturbance.--Notwithstanding subsection (a), a 
permit under this title shall not be required for mineral activities 
that are a casual use of the Federal land.
    (c) Coordination With NEPA Process.--To the extent practicable, the 
Secretary and the Secretary of Agriculture shall conduct the permit 
processes under this Act in coordination with the timing and other 
requirements under section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332).

SEC. 203. EXPLORATION PERMIT.

    (a) Authorized Exploration Activity.--Any applicant may apply for 
an exploration permit for any mining claim, license, or lease 
authorizing the applicant to remove a reasonable amount of the hardrock 
minerals, as defined in the license or lease or established in such 
regulations as the Secretary shall promulgate, from the area that is 
subject to the claim, license, or lease, respectively, for analysis, 
study, and testing. Such permit shall not authorize the applicant to 
remove any mineral for sale nor to conduct any activities other than 
those required for exploration for hardrock 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 concerned, 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 by regulations. Such regulations 
shall, at a minimum, require the following:
            (1) The applicant has demonstrated that proposed 
        reclamation can be accomplished.
            (2) The proposed exploration activities and condition of 
        the land after the completion of exploration activities and 
        final reclamation will conform with the land use plan 
        applicable to the area subject to mineral activities.
            (3) The area subject to the proposed permit is not included 
        within an area listed in section 111.
            (4) The applicant has demonstrated that the exploration 
        plan and reclamation plan will be in compliance with the 
        requirements of this Act and all other applicable Federal 
        requirements, and any State requirements agreed to by the 
        Secretary concerned.
            (5) The applicant has demonstrated that the requirements of 
        section 206 (relating to financial assurance) will be met.
            (6) The applicant is eligible to receive a permit under 
        section 205.
    (d) 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.
    (e) 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.
    (f) 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 concerned.
    (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 204(d);
            (B) has submitted evidence of financial assurance 
        satisfactory under section 206; and
            (C) meets any other requirements specified by the 
        Secretary.
    (3) The successor in interest shall assume the liability and 
reclamation responsibilities established by the existing permit and 
shall conduct the mineral activities in full compliance with this Act, 
and the terms and conditions of the permit as in effect at the time of 
transfer, assignment, or sale.
    (4) Each application for approval of a permit transfer, assignment, 
or sale pursuant to this subsection shall be accompanied by a fee 
payable to the Secretary of the Interior in such amount as may be 
established by such Secretary. Such amount shall be equal to the actual 
or anticipated cost to the Secretary or the Secretary of Agriculture, 
as appropriate, of reviewing and approving or disapproving such 
transfer, assignment, or sale, as determined by the Secretary of the 
Interior.

SEC. 204. OPERATIONS PERMIT.

    (a) Operations Permit.--(1) Any applicant that is in compliance 
with all provisions of this Act may apply to the Secretary concerned 
for an operations permit authorizing the applicant to carry out mineral 
activities, other than casual use, on--
            (A) any valid mining claim, valid millsite claim, valid 
        tunnel site claim, or lease issued under this Act; and
            (B) such additional Federal land as the Secretary may 
        determine is necessary to conduct the proposed mineral 
        activities, if the operator obtains a right-of-way permit for 
        use of such additional lands under title V of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and 
        agrees to pay all fees required under that title for the permit 
        under that title.
    (2) If the Secretary decides to issue such permit, the permit shall 
include such terms and conditions as prescribed by such Secretary to 
carry out this title.
    (b) Permit Application Requirements.--An application for an 
operations permit under this section shall be submitted in a manner 
satisfactory to the Secretary concerned and shall contain site 
characterization data, an operations plan, a reclamation plan, 
monitoring plans, long-term maintenance plans, to the extent necessary, 
and such documentation as necessary to ensure compliance with 
applicable Federal and State environmental laws and regulations. If the 
proposed mineral activities will be carried out in conjunction with 
mineral activities on adjacent non-Federal lands, information on the 
location and nature of such operations may be required by the 
Secretary.
    (c) Permit Issuance or Denial.--(1) After providing for public 
participation pursuant to subsection (i), the Secretary concerned 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 not listed in 
        section 111 or otherwise ineligible for mineral activities.
            (E) The proposed operation has been designed to prevent 
        material damage to the hydrologic balance outside the permit 
        area.
            (F) The applicant will fully comply with the requirements 
        of section 206 (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 205.
            (H) The reclamation plan demonstrates that 10 years 
        following mine closure, no treatment of surface or ground water 
        for carcinogens or toxins will be required to meet water 
        quality standards at the point of discharge.
    (2) With respect to any activities specified in the reclamation 
plan referred to in subsection (b) that constitutes a removal or 
remedial action under section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), the Secretary shall consult with the Administrator of the 
Environmental Protection Agency prior to the issuance of an operations 
permit. The Administrator shall ensure that the reclamation plan does 
not require activities that would increase the costs or likelihood of 
removal or remedial actions under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) or corrective actions under the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.).
    (d) Term of Permit; Renewal.--
            (1) An operations permit--
                    (A) shall be for an initial 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) the length of time remaining on the 
                        applicant's hardrock mining lease; and
                    (B) shall be renewed for an additional 10-year 
                period if the operation is in compliance with the 
                requirements of this Act and other applicable law.
            (2) Failure by the operator to commence mineral activities 
        within 2 years of the date scheduled in an operations permit 
        shall require a modification of the permit if the Secretary 
        concerned determines that modifications are necessary to comply 
        with section 111.
    (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 concerned may, at any time, require 
        reasonable modification to any operations plan or reclamation 
        plan upon a determination that the requirements of this Act 
        cannot be met if the plan is followed as approved. Such 
        determination shall be based on a written finding and subject 
        to public notice and hearing requirements established by the 
        Secretary concerned.
            (3) A permit modification is required before changes are 
        made to the approved plan of operations, or if unanticipated 
        events or conditions exist on the mine site, including in the 
        case of--
                    (A) development of acid or toxic drainage;
                    (B) loss of springs or water supplies;
                    (C) water quantity, water quality, or other 
                resulting water impacts that are significantly 
                different than those predicted in the application;
                    (D) the need for long-term water treatment;
                    (E) significant reclamation difficulties or 
                reclamation failure;
                    (F) the discovery of significant scientific, 
                cultural, or biological resources that were not 
                addressed in the original plan; or
                    (G) the discovery of hazards to public safety.
    (f) Temporary Cessation of Operations.--(1) An operator conducting 
mineral activities under an operations permit in effect under this 
title may not temporarily cease mineral activities for a period greater 
than 180 days unless the Secretary concerned has approved such 
temporary cessation or unless the temporary cessation is permitted 
under the original permit. Any operator temporarily ceasing mineral 
activities for a period greater than 90 days under an operations permit 
issued before the date of the enactment of this Act shall submit, 
before the expiration of such 90-day period, a complete application for 
temporary cessation of operations to the Secretary concerned for 
approval unless the temporary cessation is permitted under the original 
permit.
    (2) An application for approval of temporary cessation of 
operations shall include such information required under subsection (b) 
and any other provisions prescribed by the Secretary concerned to 
minimize impacts on the environment. After receipt of a complete 
application for temporary cessation of operations such Secretary shall 
conduct an inspection of the area for which temporary cessation of 
operations has been requested.
    (3) To approve an application for temporary cessation of 
operations, the Secretary concerned shall make each of the following 
determinations:
            (A) A determination that the methods for securing surface 
        facilities and restricting access to the permit area, or 
        relevant portions thereof, will effectively ensure against 
        hazards to the health and safety of the public and fish and 
        wildlife.
            (B) A determination that reclamation is in compliance with 
        the approved reclamation plan, except in those areas 
        specifically designated in the application for temporary 
        cessation of operations for which a delay in meeting such 
        standards is necessary to facilitate the resumption of 
        operations.
            (C) A determination that the amount of financial assurance 
        filed with the permit application is sufficient to assure 
        completion of the reclamation activities identified in the 
        approved reclamation plan in the event of forfeiture.
            (D) A determination that any outstanding notices of 
        violation and cessation orders incurred in connection with the 
        plan for which temporary cessation is being requested are 
        either stayed pursuant to an administrative or judicial appeal 
        proceeding or are in the process of being abated to the 
        satisfaction of the Secretary concerned.
    (g) Permit Reviews.--The Secretary concerned 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 
concerned.
    (2) The Secretary concerned 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 205;
            (B) has submitted evidence of financial assurance 
        satisfactory under section 206; and
            (C) meets any other requirements specified by such 
        Secretary.
    (3) The successor in interest shall assume the liability and 
reclamation responsibilities established by the existing permit and 
shall conduct the mineral activities in full compliance with this Act, 
and the terms and conditions of the permit as in effect at the time of 
transfer, assignment, or sale.
    (4) Each application for approval of a permit transfer, assignment, 
or sale pursuant to this subsection shall be accompanied by a fee 
payable to the Secretary concerned in such amount as may be established 
by such Secretary. Such amount shall be equal to the actual or 
anticipated cost of reviewing and approving or disapproving such 
transfer, assignment, or sale, as determined by such Secretary.
    (i) Public Participation.--The Secretary of the Interior and the 
Secretary of Agriculture shall jointly promulgate regulations to ensure 
transparency and public participation in permit decisions required 
under this Act, consistent with any requirements that apply to such 
decisions under section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332).

SEC. 205. PERSONS INELIGIBLE FOR PERMITS.

    (a) Current Violations.--Unless corrective action has been taken in 
accordance with subsection (c), no permit under this title shall be 
issued or transferred to an applicant if the applicant or any agent of 
the applicant, the operator (if different than the applicant), any 
claim, license, or lease holder (if different than the applicant) of 
the claim, license, or lease concerned, or any affiliate or officer or 
director of the applicant is currently in violation of any of the 
following:
            (1) A provision of this Act or any regulation under this 
        Act.
            (2) An applicable State or Federal toxic substance, solid 
        waste, air, water quality, or fish and wildlife conservation 
        law or regulation at any site where mining, beneficiation, or 
        processing activities are occurring or have occurred.
            (3) The Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1201 et seq.) or any regulation implementing that 
        Act at any site where surface coal mining operations have 
        occurred or are occurring.
    (b) Suspension.--The Secretary concerned 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 concerned may issue or reinstate 
a permit under this title if the applicant submits proof that the 
violation referred to in subsection (a) or (b) has been corrected or is 
in the process of being corrected to the satisfaction of such Secretary 
and the regulatory authority involved or if the applicant submits proof 
that the violator has filed and is presently pursuing, a direct 
administrative or judicial appeal to contest the existence of the 
violation. For purposes of this section, an appeal of any applicant's 
relationship to an affiliate shall not constitute a direct 
administrative or judicial appeal to contest the existence of the 
violation.
    (2) Any permit which is issued or reinstated based upon proof 
submitted under this subsection shall be conditionally approved or 
conditionally reinstated, as the case may be. If the violation is not 
successfully abated or the violation is upheld on appeal, the permit 
shall be suspended or revoked.
    (d) Pattern of Willful Violations.--No permit under this Act may be 
issued to any applicant if there is a demonstrated pattern of willful 
violations of the environmental protection requirements of this Act by 
the applicant, any affiliate of the applicant, or the operator or 
claim, license, or lease holder if different than the applicant.

SEC. 206. FINANCIAL ASSURANCE.

    (a) Financial Assurance Required.--(1) After a permit is issued 
under this title and before any exploration or operations begin under 
the permit, the operator shall file with the Secretary concerned 
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 203(e) (relating 
to exploration permits) or section 204(e) (relating to operations 
permits), or affected by mineral activities.
    (b) Amount.--The amount of the financial assurance required under 
this section shall be sufficient to assure the completion of 
reclamation and restoration satisfying the requirements of this Act if 
the work were to be performed by the Secretary concerned in the event 
of forfeiture, including the construction and maintenance costs for any 
treatment facilities necessary to meet Federal and State environmental 
requirements. The calculation of such amount shall take into account 
the maximum level of financial exposure which shall arise during the 
mineral activity and administrative costs associated with a government 
agency reclaiming the site.
    (c) Duration.--The financial assurance required under this section 
shall be held for the duration of the mineral activities and for an 
additional period to cover the operator's responsibility for 
reclamation, restoration, and long-term maintenance, and effluent 
treatment as specified in subsection (g).
    (d) Adjustments.--The amount of the financial assurance and the 
terms of the acceptance of the assurance may be adjusted by the 
Secretary concerned from time to time as the area requiring coverage is 
increased or decreased, or where the costs of reclamation or treatment 
change, or pursuant to section 204(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 204(g).
    (e) Release.--Upon request, and after notice and opportunity for 
public comment, and after inspection by the Secretary concerned, such 
Secretary may, after consultation with the Administrator of the 
Environmental Protection Agency, release in whole or in part the 
financial assurance required under this section if the Secretary makes 
both of the following determinations:
            (1) A determination that reclamation or restoration covered 
        by the financial assurance has been accomplished as required by 
        this Act.
            (2) A determination that the terms and conditions of any 
        other applicable Federal requirements, and State requirements 
        applicable pursuant to cooperative agreements under section 
        208, have been fulfilled.
    (f) Release Schedule.--The release referred to in subsection (e) 
shall be according to the following schedule:
            (1) After the operator has completed any required 
        backfilling, regrading, and drainage control of an area subject 
        to mineral activities and covered by the financial assurance, 
        and has commenced revegetation on the regraded areas subject to 
        mineral activities in accordance with the approved plan, that 
        portion of the total financial assurance secured for the area 
        subject to mineral activities attributable to the completed 
        activities may be released except that sufficient assurance 
        must be retained to address other required reclamation and 
        restoration needs and to assure the long-term success of the 
        revegetation.
            (2) After the operator has completed successfully all 
        remaining mineral activities and reclamation activities and all 
        requirements of the operations plan and the reclamation plan, 
        and all other requirements of this Act have been fully met, the 
        remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as 
specified in paragraph (1), until the remaining portion of the 
financial assurance is released as provided in paragraph (2), the 
operator shall be required to comply with the permit issued under this 
title.
    (g) Effluent.--Notwithstanding section 207(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 concerned determines, 
after final release of financial assurance, that an environmental 
hazard resulting from the mineral activities exists, or the terms and 
conditions of the explorations or operations permit of this Act were 
not fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 406 requiring the claim holder or operator 
(or any person who controls the claim holder or operator) to correct 
the condition such that applicable laws and regulations and any 
conditions from the plan of operations are met.

SEC. 207. OPERATION AND RECLAMATION.

    (a) General Rule.--(1) The operator shall restore lands subject to 
mineral activities carried out under a permit issued under this title 
to a condition capable of supporting--
            (A) the uses which such lands were capable of supporting 
        prior to surface disturbance by the operator; or
            (B) other beneficial uses which conform to applicable land 
        use plans as determined by the Secretary concerned.
    (2) Reclamation shall proceed as contemporaneously as practicable 
with the conduct of mineral activities. In the case of a cessation of 
mineral activities beyond that provided for as a temporary cessation 
under this Act, reclamation activities shall begin immediately.
    (b) Operation and Reclamation Standards.--The Secretary of the 
Interior and the Secretary of Agriculture shall jointly promulgate 
regulations that establish operation and reclamation standards for 
mineral activities permitted under this Act. The Secretaries may 
determine whether outcome-based performance standards or technology-
based design standards are most appropriate. The regulations shall 
address the following:
            (1) Segregation, protection, and replacement of topsoil or 
        other suitable growth medium, and the prevention, where 
        possible, of soil contamination.
            (2) Maintenance of the stability of all surface areas.
            (3) Control of sediments to prevent erosion and manage 
        drainage.
            (4) Minimization of the formation and migration of acidic, 
        alkaline, metal-bearing, or other deleterious leachate.
            (5) Reduction of the visual impact of mineral activities to 
        the surrounding topography, including as necessary pit 
        backfill.
            (6) Establishment of a diverse, effective, and permanent 
        vegetative cover of the same seasonal variety native to the 
        area affected by mineral activities, and equal in extent of 
        cover to the natural vegetation of the area.
            (7) Design and maintenance of leach operations, 
        impoundments, and excess waste according to standard 
        engineering standards to achieve and maintain stability and 
        reclamation of the site.
            (8) Removal of structures and roads and sealing of drill 
        holes.
            (9) Restoration of, or mitigation for, fish and wildlife 
        habitat disturbed by mineral activities.
            (10) Preservation of cultural, paleontological, and cave 
        resources.
            (11) Prevention and suppression of fire in the area of 
        mineral activities.
    (c) Surface or Groundwater Withdrawals.--The Secretary concerned 
shall work with State and local governments with authority over the 
allocation and use of surface and groundwater in the area around the 
mine site as necessary to ensure that any surface or groundwater 
withdrawals made as a result of mining activities approved under this 
section do not cause undue degradation.
    (d) Special Rule.--Reclamation activities for a mining claim, 
license, or lease 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 concerned.

SEC. 208. STATE LAW AND REGULATION.

    (a) State Law.--(1) Any reclamation, land use, environmental, or 
public health protection standard or requirement in State law or 
regulation that meets or exceeds the requirements of this Act shall not 
be construed to be inconsistent with any such standard.
    (2) Any bonding standard or requirement in State law or regulation 
that meets or exceeds the requirements of this Act shall not be 
construed to be inconsistent with such requirements.
    (3) Any inspection standard or requirement in State law or 
regulation that meets or exceeds the requirements of this Act shall not 
be construed to be inconsistent with such requirements.
    (b) Applicability of Other State Requirements.--(1) Nothing in this 
Act shall be construed as affecting any toxic substance, solid waste, 
or air or water quality, standard or requirement of any State, county, 
local, or tribal law or regulation, which may be applicable to mineral 
activities on lands subject to this Act.
    (2) Nothing in this Act shall be construed as affecting in any way 
the right of any person to enforce or protect, under applicable law, 
such person's interest in water resources affected by mineral 
activities on lands subject to this Act.
    (c) Cooperative Agreements.--(1) Any State may enter into a 
cooperative agreement with the Secretary concerned for the purposes of 
such Secretary applying such standards and requirements referred to in 
subsection (a) and subsection (b) to mineral activities or reclamation 
on lands subject to this Act.
    (2) In such instances where the proposed mineral activities would 
affect lands not subject to this Act in addition to lands subject to 
this Act, in order to approve a plan of operations the Secretary 
concerned shall enter into a cooperative agreement with the State that 
sets forth a common regulatory framework consistent with the 
requirements of this Act for the purposes of such plan of operations. 
Any such common regulatory framework shall not negate the authority of 
the Federal Government to independently inspect mines and operations 
and bring enforcement actions for violations.
    (3) The Secretary concerned shall not enter into a cooperative 
agreement with any State under this section until after notice in the 
Federal Register and opportunity for public comment and hearing.
    (d) Prior Agreements.--Any cooperative agreement or such other 
understanding between the Secretary concerned and any State, or 
political subdivision thereof, relating to the management of mineral 
activities on lands subject to this Act that was in existence on the 
date of enactment of this Act may only continue in force until 1 year 
after the date of enactment of this Act. During such 1-year period, the 
State and the Secretary shall review the terms of the agreement and 
make changes that are necessary to be consistent with this Act.

             TITLE III--ABANDONED HARDROCK MINE RECLAMATION

SEC. 301. ESTABLISHMENT OF FUND.

    (a) Establishment.--There is established on the books of the 
Treasury a separate account to be known as the Hardrock Minerals 
Reclamation Fund.
    (b) Investment.--The Secretary shall notify the Secretary of the 
Treasury as to what portion of the Fund is not, in the Secretary's 
judgment, required to meet current withdrawals. The Secretary of the 
Treasury shall invest such portion of the Fund in public debt 
securities with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketplace obligations of the United States of comparable maturities.
    (c) Administration.--In addition to other uses authorized by this 
title, the Secretary may use amounts in the Fund as necessary for the 
administrative expenses of the United States, Indian tribes, and the 
States to implement this title.

SEC. 302. CONTENTS OF FUND.

    The following amounts shall be credited to the Fund:
            (1) All moneys collected pursuant to section 406 and 
        section 404.
            (2) All fees received under section 204(a)(1)(B).
            (3) All donations by persons, corporations, associations, 
        and foundations for the purposes of this subtitle.
            (4) All amounts deposited in the Fund under title I.
            (5) All income on investments under section 301(b).
            (6) All amounts deposited in the Fund under section 303.

SEC. 303. DISPLACED MATERIAL RECLAMATION FEE.

    (a) Imposition of Fee.--Except as provided in subsection (g), each 
operator conducting hardrock mineral activities shall pay to the 
Secretary, for deposit in the Hardrock Minerals Fund established by 
section 302, a displaced material reclamation fee of 7 cents per ton of 
displaced material.
    (b) Payment Deadline.--Such 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 conducting hardrock mineral activities shall submit to 
the Secretary a statement of the amount of displaced material 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 corporate officer, agent, or director of a person 
conducting hardrock mineral activities, and any other person acting on 
behalf of such a person, who knowingly makes any false statement, 
representation, or certification, or knowingly fails to make any 
statement, representation, or certification, required under this 
section with respect to such operation shall, upon conviction, be 
punished by a fine of not more than $10,000.
    (e) Civil Action To Recover Fee.--Any portion of such reclamation 
fee not properly or promptly paid pursuant to this section shall be 
recoverable, with statutory interest, from the hardrock mineral 
activities operator, in any court of competent jurisdiction in any 
action at law to compel payment of debts.
    (f) Effect.--Nothing in this section requires a reduction in, or 
otherwise affects, any similar fee required under any law (including 
regulations) of any State.
    (g) Exemption.--The fee under this section shall not apply for 
small miners.

SEC. 304. USE AND OBJECTIVES OF THE FUND.

    (a) Authorized Uses.--
            (1) In general.--The Secretary may, subject to 
        appropriations, use moneys in the Fund for the reclamation and 
        restoration of land and water resources adversely affected by 
        past hardrock mineral activities and related activities on 
        lands described in section 305, including any of the following:
                    (A) Protecting public health and safety.
                    (B) Preventing, abating, treating, and controlling 
                water pollution created by abandoned mine drainage, 
                including in river watershed areas.
                    (C) Reclaiming and restoring abandoned surface and 
                underground mined areas.
                    (D) Reclaiming and restoring abandoned milling and 
                processing areas.
                    (E) Backfilling, sealing, or otherwise controlling 
                abandoned underground mine entries.
                    (F) Revegetating land adversely affected by past 
                mineral activities in order to prevent erosion and 
                sedimentation, to enhance wildlife habitat, and for any 
                other reclamation purpose.
                    (G) Controlling surface subsidence due to abandoned 
                underground mines.
                    (H) Enhancing fish and wildlife habitat.
            (2) Manner of use.--Amounts in the Fund may--
                    (A) be expended by the Secretary for the purposes 
                described in paragraph (1);
                    (B) 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, the head of any other Federal agency, 
                or any public entity that volunteers to develop and 
                implement, and that has the ability to carry out, all 
                or a significant portion of a reclamation program under 
                this subtitle; or
                    (C) be transferred by the Secretary to an Indian 
                tribe or a State to carry out a reclamation program 
                under this subtitle that meets the purposes described 
                in paragraph (1).
    (b) Allocation.--Of the amounts deposited into the Fund--
            (1) 25 percent shall be allocated by the Secretary for 
        expenditure in States or on tribal lands within the boundaries 
        of which occurs production of hardrock minerals or mineral 
        concentrates or products derived from hardrock minerals, based 
        on a formula reflecting existing production in each such State 
        or on the land of the Indian tribe;
            (2) 25 percent shall be allocated for expenditure by the 
        Secretary in States or on tribal lands based on a formula 
        reflecting the quantity of hardrock minerals, or mineral 
        concentrates or products derived from hardrock minerals, 
        historically produced in each such State or from the land of 
        the Indian tribe before the date of enactment of this Act; and
            (3) 50 percent shall be allocated for expenditure by the 
        Secretary to address high-priority needs according to the 
        priorities in subsection (c).
    (c) Priorities.--Expenditures of moneys from the Account 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 ground water 
        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.
    (d) 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 
before the commencement of such activities.
    (e) Response or Removal Actions.--Reclamation and restoration 
activities under this subtitle that 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. 305. ELIGIBLE LANDS AND WATERS.

    (a) Eligibility.--Reclamation expenditures under this subtitle may 
only be made with respect to Federal, State, Indian, local, and private 
lands that have been affected by past mineral activities, and water 
resources that traverse or are contiguous to such lands, 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) Inventory.--The Secretary shall prepare and maintain a publicly 
available inventory of abandoned hardrock minerals mines on public 
lands and any abandoned mine on Indian lands that may be eligible for 
expenditures under this subtitle, and shall submit an annual report to 
the Congress on the progress in cleanup of such sites.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE IV--ADMINISTRATIVE PROVISIONS

SEC. 401. 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 clauses (1) and (2) of the 
        first paragraph 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. 402. USER FEES AND INFLATION ADJUSTMENT.

    (a) In General.--The Secretary and the Secretary of Agriculture may 
each establish and collect from persons subject to the requirements of 
this Act such user fees as may be necessary to reimburse the United 
States for the expenses incurred in administering such requirements. 
Fees may be assessed and collected under this section only in such 
manner as may reasonably be expected to result in an aggregate amount 
of the fees collected during any fiscal year which does not exceed the 
aggregate amount of administrative expenses referred to in this 
section.
    (b) Adjustment.--(1) The Secretary shall adjust the fees required 
by this section, and all claim maintenance fees, rental rates, penalty 
amounts, and other dollar amounts established in this Act, to reflect 
changes in the Consumer Price Index published by the Bureau of Labor 
Statistics of the Department of Labor every 3 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, license holders, and 
lease holders 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. 403. INSPECTION AND MONITORING.

    (a) Inspections.--(1) The Secretary concerned shall make 
inspections of mineral activities so as to ensure compliance with the 
requirements of this Act.
    (2) The Secretary concerned shall establish a frequency of 
inspections for mineral activities conducted under a permit issued 
under title II, but in no event shall such inspection frequency be less 
than one complete inspection per calendar quarter or, two per calendar 
quarter in the case of a permit for which the Secretary concerned 
approves an application under section 204(f) (relating to temporary 
cessation of operations). After revegetation has been established in 
accordance with a reclamation plan, such Secretary shall conduct 
annually 2 complete inspections. Such Secretary shall have the 
discretion to modify the inspection frequency for mineral activities 
that are conducted on a seasonal basis. Inspections shall continue 
under this subsection until final release of financial assurance.
    (3)(A) Any person who has reason to believe he or she is or may be 
adversely affected by mineral activities due to any violation of the 
requirements of a permit approved under this Act may request an 
inspection. The Secretary concerned shall determine within 10 working 
days of receipt of the request whether the request states a reason to 
believe that a violation exists. If the person alleges and provides 
reason to believe that an imminent threat to the environment or danger 
to the health or safety of the public exists, the 10-day period shall 
be waived and the inspection shall be conducted immediately. When an 
inspection is conducted under this paragraph, the Secretary concerned 
shall notify the person requesting the inspection, and such person 
shall be allowed to accompany the Secretary concerned or the 
Secretary's authorized representative during the inspection. The 
Secretary shall not incur any liability for allowing such person to 
accompany an authorized representative. The identity of the person 
supplying information to the Secretary relating to a possible violation 
or imminent danger or harm shall remain confidential with the Secretary 
if so requested by that person, unless that person elects to accompany 
an authorized representative on the inspection.
    (B) The Secretaries shall, by joint rule, establish procedures for 
the review of (i) any decision by an authorized representative not to 
inspect; or (ii) any refusal by such representative to ensure that 
remedial actions are taken with respect to any alleged violation. The 
Secretary concerned shall furnish such persons requesting the review a 
written statement of the reasons for the Secretary's final disposition 
of the case.
    (b) Monitoring.--(1) The Secretary concerned shall require all 
operators to develop and maintain a monitoring and evaluation system 
that shall identify compliance with all requirements of a permit 
approved under this Act. The Secretary concerned may require additional 
monitoring to be conducted as necessary to assure compliance with the 
reclamation and other environmental standards of this Act. Such plan 
must be reviewed and approved by the Secretary and shall become a part 
of the explorations or operations permit.
    (2) The operator shall file reports with the Secretary concerned, 
on a frequency determined by the Secretary concerned, on the results of 
the monitoring and evaluation process, except that if the monitoring 
and evaluation show a violation of the requirements of a permit 
approved under this Act, it shall be reported immediately to the 
Secretary concerned. The Secretary shall evaluate the reports submitted 
pursuant to this paragraph, and based on those reports and any 
necessary inspection shall take enforcement action pursuant to this 
section. Such reports shall be maintained by the operator and by the 
Secretary and shall be made available to the public.
    (3) The Secretary concerned shall determine what information shall 
be reported by the operator pursuant to paragraph (3). A failure to 
report as required by the Secretary concerned shall constitute a 
violation of this Act and subject the operator to enforcement action 
pursuant to section 406.

SEC. 404. CITIZENS SUITS.

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

SEC. 405. ADMINISTRATIVE AND JUDICIAL REVIEW.

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

SEC. 406. ENFORCEMENT.

    (a) Orders.--(1) If the Secretary concerned, or an authorized 
representative of such Secretary, determines that any person is in 
violation of any environmental protection requirement or any regulation 
issued by the Secretaries to implement this Act, such Secretary or 
authorized representative shall issue to such person a notice of 
violation describing the violation and the corrective measures to be 
taken. The Secretary concerned, or the authorized representative of 
such Secretary, shall provide such person with a period of time not to 
exceed 30 days to abate the violation. Such period of time may be 
extended by the Secretary concerned upon a showing of good cause by 
such person. If, upon the expiration of time provided for such 
abatement, the Secretary concerned, or the authorized representative of 
such Secretary, finds that the violation has not been abated he or she 
shall immediately order a cessation of all mineral activities or the 
portion thereof relevant to the violation.
    (2) If the Secretary concerned, or the authorized representative of 
the Secretary concerned, determines that any condition or practice 
exists, or that any person is in violation of any requirement under a 
permit approved under this Act, and such condition, practice or 
violation is causing, or can reasonably be expected to cause--
            (A) an imminent danger to the health or safety of the 
        public; or
            (B) significant, imminent environmental harm to land, air, 
        water, or fish or wildlife resources,
such Secretary or authorized representative shall immediately order a 
cessation of mineral activities or the portion thereof relevant to the 
condition, practice, or violation.
    (3)(A) A cessation order pursuant to paragraph (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 paragraph (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, license holder, lease holder, or operator (or any person 
who controls the claim holder, license holder, lease 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 concerned from taking alternative 
enforcement action prior to the expiration of 30 days.
    (5) If a claim holder, license holder, lease holder, or operator 
(or any person who controls the claim holder, license holder, lease 
holder, or operator) fails to abate a violation or defaults on the 
terms of the permit, the Secretary concerned shall forfeit the 
financial assurance for the plan as necessary to ensure abatement and 
reclamation under this Act. The Secretary concerned may prescribe 
conditions under which a surety may perform reclamation in accordance 
with the approved plan in lieu of forfeiture.
    (6) The Secretary concerned shall not cause forfeiture of the 
financial assurance while administrative or judicial review is pending.
    (7) In the event of forfeiture, the claim holder, license holder, 
lease holder, operator, or any affiliate thereof, as appropriate as 
determined by the Secretary by rule, shall be jointly and severally 
liable for any remaining reclamation obligations under this Act.
    (b) Compliance.--The Secretary concerned may request the Attorney 
General to institute a civil action for relief, including a permanent 
or temporary injunction or restraining order, or any other appropriate 
enforcement order, including the imposition of civil penalties, in the 
district court of the United States for the district in which the 
mineral activities are located whenever a person--
            (1) violates, fails, or refuses to comply with any order 
        issued by the Secretary concerned under subsection (a); or
            (2) interferes with, hinders, or delays the Secretary 
        concerned in carrying out an inspection under section 403.
Such court shall have jurisdiction to provide such relief as may be 
appropriate. Any relief granted by the court to enforce an order under 
paragraph (1) shall continue in effect until the completion or final 
termination of all proceedings for review of such order unless the 
district court granting such relief sets it aside.
    (c) Delegation.--Notwithstanding any other provision of law, the 
Secretary may utilize personnel of the Office of Surface Mining 
Reclamation and Enforcement to ensure compliance with the requirements 
of this Act.
    (d) Penalties.--(1) Any person who fails to comply with any 
requirement of a permit approved under this Act or any regulation 
issued by the Secretaries to implement this Act shall be liable for a 
penalty of not more than $25,000 per violation. Each day of violation 
may be deemed a separate violation for purposes of penalty assessments.
    (2) A person who fails to correct a violation for which a cessation 
order has been issued under subsection (a) within the period permitted 
for its correction shall be assessed a civil penalty of not less than 
$1,000 per violation for each day during which such failure continues.
    (3) Whenever a corporation is in violation of a requirement of a 
permit approved under this Act or any regulation issued by the 
Secretaries to implement this Act or fails or refuses to comply with an 
order issued under subsection (a), any director, officer, or agent of 
such corporation who knowingly authorized, ordered, or carried out such 
violation, failure, or refusal shall be subject to the same penalties 
as may be imposed upon the person referred to in paragraph (1).
    (e) Suspensions or Revocations.--The Secretary concerned shall 
suspend or revoke a permit issued under title II, in whole or in part, 
if the operator--
            (1) knowingly made or knowingly makes any false, 
        inaccurate, or misleading material statement in any mining 
        claim, notice of location, application, record, report, plan, 
        or other document filed or required to be maintained under this 
        Act;
            (2) fails to abate a violation covered by a cessation order 
        issued under subsection (a);
            (3) fails to comply with an order of the Secretary 
        concerned;
            (4) refuses to permit an audit pursuant to this Act;
            (5) fails to maintain an adequate financial assurance under 
        section 206;
            (6) fails to pay claim maintenance fees, rentals, or other 
        moneys due and owing under this Act; or
            (7) with regard to plans conditionally approved under 
        section 205(c)(2), fails to abate a violation to the 
        satisfaction of the Secretary concerned, or if the validity of 
        the violation is upheld on the appeal which formed the basis 
        for the conditional approval.
    (f) False Statements; Tampering.--Any person who knowingly--
            (1) makes any false material statement, representation, or 
        certification in, or omits or conceals material information 
        from, or unlawfully alters, any mining claim, notice of 
        location, application, record, report, plan, or other documents 
        filed or required to be maintained under this Act; or
            (2) falsifies, tampers with, renders inaccurate, or fails 
        to install any monitoring device or method required to be 
        maintained under this Act,
shall upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than 2 years, or by both. If a 
conviction of a person is for a violation committed after a first 
conviction of such person under this subsection, punishment shall be by 
a fine of not more than $20,000 per day of violation, or by 
imprisonment of not more than 4 years, or both. Each day of continuing 
violation may be deemed a separate violation for purposes of penalty 
assessments.
    (g) Knowing Violations.--Any person who knowingly--
            (1) engages in mineral activities without a permit required 
        under title II; or
            (2) violates any other requirement of a permit issued under 
        this Act, or any condition or limitation thereof,
shall upon conviction be punished by a fine of not less than $5,000 nor 
more than $50,000 per day of violation, or by imprisonment for not more 
than 3 years, or both. If a conviction of a person is for a violation 
committed after the first conviction of such person under this 
subsection, punishment shall be a fine of not less than $10,000 per day 
of violation, or by imprisonment of not more than 6 years, or both.
    (h) Knowing and Willful Violations.--Any person who knowingly and 
willfully commits an act for which a civil penalty is provided in 
paragraph (1) of subsection (g) shall, upon conviction, be punished by 
a fine of not more than $50,000, or by imprisonment for not more than 2 
years, or both.
    (i) Definition.--For purposes of this section, the term ``person'' 
includes any officer, agent, or employee of a person.

SEC. 407. REGULATIONS.

    The Secretary and the Secretary of Agriculture shall issue such 
regulations as are necessary to implement this Act. The regulations 
implementing titles II and III and this title 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. 408. OIL SHALE CLAIMS.

    Section 2511(f) of the Energy Policy Act of 1992 (30 U.S.C. 242(f) 
Public Law 102-486) is amended--
            (1) by striking ``as prescribed by the Secretary''; and
            (2) by inserting before the period the following: ``in the 
        same manner as required by title II of the Hardrock Leasing and 
        Reclamation Act of 2018''.

SEC. 409. SAVINGS CLAUSE.

    (a) Special Application of Mining Laws.--Nothing in this Act shall 
be construed as repealing or modifying any Federal law, regulation, 
order, or land use plan, in effect prior to the date of enactment of 
this Act that prohibits or restricts the application of the general 
mining laws, including laws that provide for special management 
criteria for operations under the general mining laws as in effect 
prior to the date of enactment of this Act, to the extent such laws 
provide for protection of natural and cultural resources and the 
environment greater than required under this Act, and any such prior 
law shall remain in force and effect with respect to claims converted 
to leases under this Act. Nothing in this Act shall be construed as 
applying to or limiting mineral investigations, studies, or other 
mineral activities conducted by any Federal or State agency acting in 
its governmental capacity pursuant to other authority. Nothing in this 
Act shall affect or limit any assessment, investigation, evaluation, or 
listing pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), or 
the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.).
    (b) Effect on Other Federal Laws.--The provisions of this Act shall 
supersede the general mining laws. Except for the general mining laws, 
nothing in this Act shall be construed as superseding, modifying, 
amending, or repealing any provision of Federal law not expressly 
superseded, modified, amended, or repealed by this Act. Nothing in this 
Act shall be construed as altering, affecting, amending, modifying, or 
changing, directly or indirectly, any law which refers to and provides 
authorities or responsibilities for, or is administered by, the 
Environmental Protection Agency or the Administrator of the 
Environmental Protection Agency, including the Federal Water Pollution 
Control Act, title XIV of the Public Health Service Act (the Safe 
Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of 
1990, the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic 
Act, the Motor Vehicle Information and Cost Savings Act, the Federal 
Hazardous Substances Act, the Endangered Species Act of 1973, the 
Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste 
Disposal Act, the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, the Superfund Amendments and Reauthorization 
Act of 1986, the Ocean Dumping Act, the Environmental Research, 
Development, and Demonstration Authorization Act, the Pollution 
Prosecution Act of 1990, and the Federal Facilities Compliance Act of 
1992, or any statute containing an amendment to any of such Acts. 
Nothing in this Act shall be construed as modifying or affecting any 
provision of the Native American Graves Protection and Repatriation Act 
(Public Law 101-601) or any provision of the American Indian Religious 
Freedom Act (42 U.S.C. 1996), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), and the Religious Freedom Restoration Act of 
1993 (42 U.S.C. 2000bb et seq.).
    (c) Sovereign Immunity of Indian Tribes.--Nothing in this section 
shall be construed so as to waive the sovereign immunity of any Indian 
tribe.

SEC. 410. AVAILABILITY OF PUBLIC RECORDS.

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

SEC. 411. MISCELLANEOUS POWERS.

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

SEC. 412. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended--
            (1) by inserting ``(a)'' before the first sentence;
            (2) by inserting ``mineral materials, including but not 
        limited to'' after ``varieties of'' in the first sentence;
            (3) by striking ``or cinders'' and inserting in lieu 
        thereof ``cinders, and clay''; and
            (4) by adding the following new subsection at the end 
        thereof:
    ``(b)(1) Subject to valid existing rights, after the date of 
enactment of the Hardrock Leasing and Reclamation Act of 2018, 
notwithstanding the reference to common varieties in subsection (a) and 
to the exception to such term relating to a deposit of materials with 
some property giving it distinct and special value, all deposits of 
mineral materials referred to in such subsection, including the block 
pumice referred to in such subsection, shall be subject to disposal 
only under the terms and conditions of the Materials Act of 1947.
    ``(2) For purposes of paragraph (1), the term `valid existing 
rights' means that a mining claim located for any such mineral 
material--
            ``(A) had and still has some property giving it the 
        distinct and special value referred to in subsection (a), or as 
        the case may be, met the definition of block pumice referred to 
        in such subsection;
            ``(B) was properly located and maintained under the general 
        mining laws prior to the date of enactment of the Hardrock 
        Leasing and Reclamation Act of 2018; and
            ``(C) was supported by a discovery of a valuable mineral 
        deposit within the meaning of the general mining laws as in 
        effect immediately prior to the date of enactment of the 
        Hardrock Leasing and Reclamation Act of 2018.''.
    (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 (chapter 375; 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 
(chapter 186; 31 Stat. 745; 30 U.S.C. 162), commonly known as the 
Saline Placer Act, is hereby repealed.

SEC. 413. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act, 
except as otherwise provided in this Act.
                                 <all>