[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2579 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 374
116th CONGRESS
  2d Session
                                H. R. 2579

                          [Report No. 116-467]

 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 8, 2019

 Mr. Grijalva (for himself, Mr. Beyer, Mr. Blumenauer, Mr. Cartwright, 
Mr. DeFazio, Ms. DeGette, Mr. Garamendi, Ms. Haaland, Mr. Huffman, Mr. 
Levin of California, Mr. Lowenthal, Mr. McGovern, Mrs. Napolitano, Ms. 
 Norton, Mr. Pocan, and Mr. Soto) introduced the following bill; which 
           was referred to the Committee on Natural Resources

                             August 4, 2020

 Additional sponsors: Mr. Lujan, Mr. Van Drew, Ms. Roybal-Allard, Ms. 
 Lofgren, Mr. Malinowski, Ms. Velazquez, Mrs. Dingell, Mr. Tonko, Mr. 
            Neguse, Ms. McCollum, Ms. Pingree, and Ms. Tlaib

                             August 4, 2020

  Reported with an amendment; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 8, 
                                 2019]


_______________________________________________________________________

                                 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 2019''.
    (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--CONSULTATION PROCEDURE

Sec. 201. Requirement for consultation.
Sec. 202. Timing.
Sec. 203. Scoping stage consultation.
Sec. 204. Decision stage procedures.
Sec. 205. Documentation and reporting.
Sec. 206. Implementation.
Sec. 207. Sensitive Tribal information.

  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

Sec. 301. General standard for hardrock mining on Federal land.
Sec. 302. Permits.
Sec. 303. Exploration permit.
Sec. 304. Operations permit.
Sec. 305. Persons ineligible for permits.
Sec. 306. Financial assurance.
Sec. 307. Operation and reclamation.
Sec. 308. State law and regulation.

             TITLE IV--ABANDONED HARDROCK MINE RECLAMATION

Sec. 401. Establishment of Fund.
Sec. 402. Contents of Fund.
Sec. 403. Displaced material reclamation fee.
Sec. 404. Use and objectives of the Fund.
Sec. 405. Eligible lands and waters.
Sec. 406. Authorization of appropriations.

                     TITLE V--ADDITIONAL PROVISIONS

Sec. 501. Policy functions.
Sec. 502. User fees and inflation adjustment.
Sec. 503. Inspection and monitoring.
Sec. 504. Citizens suits.
Sec. 505. Administrative and judicial review.
Sec. 506. Reporting requirements.
Sec. 507. Enforcement.
Sec. 508. Regulations.
Sec. 509. Oil shale claims.
Sec. 510. Savings clause.
Sec. 511. Availability of public records.
Sec. 512. Miscellaneous powers.
Sec. 513. Mineral materials.
Sec. 514. Effective date.

SEC. 2. DEFINITIONS AND REFERENCES.

    (a) In General.--As used in this Act:
            (1) The term ``adjacent land'' means any land not more than 
        two miles from the boundary of a described land tract.
            (2) 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.
            (3) The term ``agency'' means any authority of the United 
        States that is an ``agency'' under section 3502(1) of title 44, 
        United States Code.
            (4) 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.
            (5) 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 
        physical and chemical separation techniques.
            (6) 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.
            (7) 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.
            (8) 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 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.
            (9) The term ``crude ore'' means ore in its unprocessed 
        form, containing profitable amounts of the target mineral.
            (10) 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.
            (11) 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.
            (12) 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, Indian lands, and lands on 
        the Outer Continental Shelf.
            (13) The term ``Fund'' means the Hardrock Minerals 
        Reclamation Fund established by this Act.
            (14) 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, or held by an Alaska Native 
        village, village corporation, or regional corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.).
            (15) The term ``Indian Tribe'' means any Indian Tribe, 
        band, nation, pueblo, or other organized group or community, 
        including any Alaska Native village, village corporation, 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.
            (16) 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.
            (17) 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.
            (18) The term ``memorandum of agreement'' means a document 
        that records the terms and conditions agreed upon by an agency 
        and an Indian Tribe through the consultation process regarding 
        an activity.
            (19) The term ``National Conservation System unit'' means 
        any unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, National 
        Wilderness Preservation System, National Landscape Conservation 
        System, or National Trails System, or a National Conservation 
        Area, a National Recreation Area, a Wilderness Study Area, a 
        National Monument, or any unit of the National Wilderness 
        Preservation System or lands within the National Forest System, 
        including:
                    (A) National Volcanic Monuments.
                    (B) Recreation Areas, Scenic Recreation Areas, and 
                Winter Recreation Areas.
                    (C) Scenic Areas, Scenic-Research Areas, Scenic 
                Highways, National Scenic and Wildlife Areas.
                    (D) National Game and Wildlife Preserves.
                    (E) Special Management, Wildlife, Conservation and 
                Protection Areas, including botanical, hydrological 
                (watershed), geological, historical, paleontological, 
                and zoological areas.
                    (F) Experimental Forests, Ranges, and Watersheds.
                    (G) Research Sites and Research Natural Areas.
                    (H) Inventoried Roadless Area, Colorado Roadless 
                Area, and Idaho Roadless Area.
                    (I) Recommended Wilderness and Primitive Areas.
            (20) 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.
            (21) 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.
            (22) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare locatable mineral ore into 
        the final marketable product, including smelting and 
        electrolytic refining.
            (23) The term ``sacred site'' means any specific delineated 
        location on Federal land that is identified by an Indian 
        Tribe--
                    (A) as sacred by virtue of its established 
                religious significance to, or ceremonial use by, an 
                Indian religion; or
                    (B) to be of established cultural significance.
            (24) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (25) 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.
            (26)(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; 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 concerned; 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.
            (27) The term ``temporary cessation'' means a halt in mine-
        related production activities for a continuous period of no 
        longer than 5 years.
            (28) The term ``ton'' means 2,000 pounds avoirdupois 
        (.90718 metric ton).
            (29) The term ``undue degradation'' means irreparable harm 
        to significant scientific, cultural, or environmental resources 
        on public lands.
            (30) The term ``valuable mineral deposit'' means a deposit 
        of hardrock minerals that is of sufficient value for a prudent 
        operator to economically mine.
            (31) 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 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 on 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 the Secretary 
        concerned takes action on the application, mineral activities 
        and reclamation may continue in accordance with the terms of 
        the expired plan until such 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 not 
        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 of a mining claim 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) National Environmental Policy Act.--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, unless the 
noncompetitive lease modifies or extends the 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 such millsite--
                    (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 described 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.
            (2) Maximum area.--The area subject to such a license shall 
        not exceed 2,560 acres of land, in reasonably compact form.
            (3) License application fee.--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.
            (4) 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.). 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.
            (5) 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 
        and with the consent of the surface agency, 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. The recipient of such lease 
        is not entitled to an operations permit.
            (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, reclamation maintenance, 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.--
            (1) Subject to paragraph (2), The Secretary--
                    (A) 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
                    (B) 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.
            (2) The Secretary may not reduce the royalty rate for a 
        lease pursuant to paragraph (1) to a royalty rate of less than 
        6.25 percent.
    (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 area of land 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.
    (b) Exclusive Right.--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.
    (c) Application Fee.--The Secretary shall charge a reasonable 
application fee for such a lease.
    (d) Rentals.--Rentals for such a lease shall be $5 per acre per 
year for the first 3 years.
    (e) Renewal.--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.
    (f) Challenge.--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 does not qualify 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.
    (g) No Royalties.--No royalties shall be charged for commercial 
production under a small miners lease.
    (h) Conversion of Existing Claims.--An existing claim, as of 
January 1, 2019, 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 any subsequent 3-year renewal of the lease.
    (i) 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.
    (j) Conversion to Hardrock Mineral Lease.--If, with regards to a 
lease, the leaseholder no longer qualifies as a small miner at the time 
such leaseholder applies for a renewal of such lease, such 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 
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 401.
    (d) Duties of Claim or Lease Holders, Operators, and 
Transporters.--
            (1) Regulation.--The Secretary shall prescribe by rule the 
        time and manner in which--
                    (A) a person who is required to make a royalty 
                payment under this section shall make such payment; and
                    (B) shall notify 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) Written instrument.--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.
            (3) Additional amounts.--Such responsibility for the 
        periods referred to in paragraph (2) shall include any and all 
        additional amounts billed by the Secretary and determined to be 
        due by final agency or judicial action.
            (4) Joint and several liability.--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.
            (5) Obligations.--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.
            (6) Required documentation.--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) In general.--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 periodic reports, records, 
        documents, and other data. Such reports may also include 
        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.
            (2) Availability for inspection.--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.
            (3) Forfeiture.--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.
            (4) Maintenance of records.--Records required by the 
        Secretary under this section shall be maintained for 7 years 
        after release of financial assurance under section 306 unless 
        the Secretary notifies the operator that the Secretary has 
        initiated an audit or investigation involving such records and 
        that such records must be maintained for a longer period. In 
        any case when an audit or investigation is underway, records 
        shall be maintained until the Secretary releases the operator 
        of the obligation to maintain such records.
    (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 sale 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) In general.--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) Secretary of agriculture.--Except as provided in 
        paragraph (3), 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.--Trade secrets, proprietary, and other 
        confidential information protected from disclosure under 
        section 552 of title 5, United States Code, 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) Payments not received.--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) Underreporting.--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) Self-reporting.--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.
            (4) Waiver.--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.
            (5) Definition.--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.
            (6) Hardrock minerals reclamation fund.--All penalties 
        collected under this subsection shall be deposited in the 
        Hardrock Minerals 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 such Act.

SEC. 108. EXISTING PRODUCTION.

    The holder of a mining claim located or converted under this Act 
for which mineral activities 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 
on such lands to the satisfaction of the Secretary.

SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE.

    (a) Fee.--
            (1) In general.--
                    (A) Required fees.--Except as provided in section 
                2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C. 
                242), or as 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) Fee adjustments.--Any adjustment to the fees 
                under this subsection under section 502 shall begin to 
                apply the calendar year following the calendar year in 
                which such adjustment is made.
                    (C) Exception for small miners.--Subparagraph (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) 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 Minerals Reclamation Fund established by section 401.
    (b) Co-Ownership.--The co-ownership provisions of the Mining Law of 
1872 (30 U.S.C. 28 et seq.) shall 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) Required filings.--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) Mining law of 1872.--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 2019'' 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 Park System Units and National 
Monuments.--No permit shall be issued under this Act that authorizes 
mineral activities that would impair the land or resources of a unit of 
the National Park System 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 System unit or a 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) Sacred sites.
            (2) Wilderness study areas.
            (3) Designated critical habitat.
            (4) Areas of critical environmental concern.
            (5) Units of the National Conservation System.
            (6) 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)).
            (7) Inventoried Roadless Areas under the Roadless Area 
        Conservation Rule, part 294 of title 36, Code of Federal 
        Regulations, Colorado Roadless Areas, or Idaho Roadless Areas.

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 undue 
        degradation 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 III.
            (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, or any adjacent 
                land, 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 land, as a National Conservation 
                System unit.
                    (D) The designation of all or any portion of such 
                lands, or any adjacent land, 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, or any adjacent land, 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, evaluation, or credible 
                information that verifies such values.
                    (G) The designation of such lands, or adjacent 
                land, as a Research Natural Area.
                    (H) The presence on such lands, or any adjacent 
                land, of a sacred site.
                    (I) The presence or designation of such lands 
                adjacent to lands not open to mining pursuant to 
                section 111.
            (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) Change Request.--The Secretary concerned shall, by rule, 
provide for an opportunity for any person to request a change in 
determination for any Federal land found suitable under subsection (a).
    (d) 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--CONSULTATION PROCEDURE

SEC. 201. REQUIREMENT FOR CONSULTATION.

    (a) Scope.--Agencies shall ensure meaningful and timely 
consultation with Indian Tribes and Tribal officials prior to 
undertaking any mineral activities that may have substantial direct, 
indirect, or cumulative impacts on--
            (1) the lands, including allotted, ceded, or traditional 
        lands, or interests of an Indian Tribe or a member of an Indian 
        Tribe;
            (2) any part of any Federal land that shares a border with 
        Indian country, as such term is defined in section 1151 of 
        title 18, United States Code;
            (3) the relationship between the Federal Government and an 
        Indian Tribe; or
            (4) the distribution of power and responsibilities between 
        the Federal Government and an Indian Tribe.
    (b) Multiagency Mineral Activities.--If more than one agency is 
involved in a mineral activity, some or all of the agencies may 
designate a lead agency, which shall be responsible for fulfilling the 
consultation required under subsection (a). an agency that does not 
designate a lead agency shall remain individually responsible for the 
consultation required under subsection (a). All agencies involved in 
the mineral activity shall remain involved in and engaged with the 
consultation process regardless of whether or not a lead agency has 
been designated.
    (c) Limitation.--Nothing in this Act shall exempt an agency from 
additional consultation required under any other law or from taking any 
other consultative actions as required by any other law or agency 
prerogative in addition to those required by this Act. Nor does it 
preclude an agency from additional consultation that complies with 
agency regulations for consultation, advances agency consultation 
practices, or supports agency efforts to build or strengthen 
government-to-government relationships with an Indian Tribe.
    (d) Temporary Waiver.--
            (1) In general.--The agency may temporarily waive the 
        requirements of this title in all or any portion of any 
        emergency area during all or any portion of an emergency 
        period.
            (2) Duration of waiver.--A temporary waiver under this 
        subsection shall end upon the termination of the applicable 
        emergency period.
            (3) Definitions.--For the purposes of this subsection--
                    (A) the term ``emergency area'' means a 
                geographical area in which there exists an emergency or 
                disaster declared by the President pursuant to the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) or 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.); and
                    (B) the term ``emergency period'' means the period 
                during which there exists an emergency or disaster 
                declared by the President pursuant to the National 
                Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5121 et seq.).

SEC. 202. TIMING.

    Consultation under sections 203 and 204 shall be completed before 
any Federal funds are expended for the mineral activity and before the 
issuance of any license.

SEC. 203. SCOPING STAGE CONSULTATION.

    (a) Planning Document.--As early as possible in the planning stage 
of a mineral activity, the agency shall compile a draft of the scope of 
the project. The agency shall make a reasonable and good faith effort, 
consistent with section 800.4(b)(1) of title 36, Code of Federal 
Regulations, as such regulation was in effect on July 6, 2004, to 
identify areas that contain sites important to Indian Tribes whether or 
not such sites are explicitly known to the agency. The agency shall 
make a reasonable and good faith effort to identify any geographic 
areas important to Indian Tribes that might be affected and any other 
anticipated impacts to Tribal interests.
    (b) Initial Consultation Contact.--The agency--
            (1) shall send, via United States mail and, if possible, 
        email, a copy of the planning document and a letter requesting 
        consultation meetings to the relevant Tribal Government 
        officials, including the Tribal leader and all members of any 
        elected Tribal governing body, relevant Tribal governmental 
        agencies (including the Tribal Historic Preservation Officer or 
        cultural resource manager), owners of individual allotments, 
        other stakeholders identified by the Tribe, and relevant non-
        Tribal stakeholders (including the State Historic Preservation 
        Officer and local governments that have jurisdiction on any 
        affected land via agreement with the agency); and
            (2) shall follow up with phone calls to confirm receipt of 
        the documents by all intended recipients.
    (c) Consultation Meeting Arrangements.--The agency shall negotiate 
with the affected Indian Tribes to determine the time, place, agenda, 
travel funds, facilitator, format, and goals of a consultation meeting. 
The agency shall keep thorough documentation of all steps taken to 
contact and engage the affected Indian Tribes in consultation. If, 
after a good faith effort, the agency fails to engage the affected 
Indian Tribes, it may terminate its scoping stage consultation efforts 
by providing all consultation partners with a written notification and 
explanation for its decision to end scoping stage consultation efforts, 
signed by the head of the agency, and proceed to the decision stage 
procedures described in section 204. A good faith effort to consult 
must involve consistent and sustained efforts to contact and engage 
with the appropriate-level officials via the available channels of 
communication (United States mail, e-mail, and telephone).
    (d) Scoping Stage Consultation Meeting.--A scoping stage 
consultation meeting shall begin with confirmation of the format, 
facilitator, and agenda, with adequate time scheduled for introductions 
and for interaction throughout the meeting among participants. Whenever 
possible, Tribal stakeholders (such as allottees or interested Tribal 
members) shall be brought into the on-going planning process directly 
by forming ad hoc workgroups (including Tribal leaders or their 
designees) and, if appropriate, initiating a process for consensual 
development of regulations, such as negotiated rulemaking. A scoping 
stage consultation meeting shall conclude with planning for the next 
meeting, if necessary.
    (e) Termination of Scoping Stage Consultation With a Memorandum of 
Agreement.--
            (1) Termination.--Except as provided by subsection (c), 
        scoping stage consultation shall terminate upon the execution 
        of a memorandum of agreement signed by the head of the agency 
        and the affected Indian Tribes.
            (2) Signatories.--The affected Indian Tribes and the agency 
        may jointly invite additional parties to be signatories of the 
        memorandum of agreement. The signatories have sole authority to 
        execute, amend, or terminate the memorandum of agreement. If 
        any signatory determines that the terms of the memorandum of 
        agreement cannot be carried out, the signatories shall consult 
        to seek amendment of the memorandum of agreement. If the 
        memorandum of agreement is not amended, any signatory may 
        terminate the agreement, and the process will return to scoping 
        stage consultation. The agency shall provide all nonsignatory 
        consulting partners with the opportunity to submit a written 
        statement, explanation, or comment on the consultation 
        proceedings that shall become part of the agency's official 
        consultation record.
            (3) Memorandum of agreement.--The memorandum of agreement--
                    (A) may address multiple activities if--
                            (i) the activities are similar and 
                        repetitive or are multistate or regional in 
                        scope, or where routine management activities 
                        are undertaken at Federal installations, 
                        facilities, or other land management units; and
                            (ii) the scope of the activities is clearly 
                        delineated;
                    (B) may establish standard processes for certain 
                categories of activities determined through 
                consultation and defined in the memorandum of 
                agreement;
                    (C) shall include a provision for monitoring and 
                reporting on its implementation;
                    (D) shall include provisions for termination or 
                reconsideration if the activity has not been completed 
                within a specified time;
                    (E) shall include provisions to address new 
                discoveries, which may include halting the activity and 
                returning to scoping stage consultation;
                    (F) shall include provisions to address changes or 
                modifications to the scope or nature of the activity, 
                impacts or conditions of the project or site;
                    (G) may incorporate relevant Tribal laws, 
                standards, regulations, or policies;
                    (H) may include provisions for the protection of 
                culturally sensitive information; and
                    (I) shall include provisions to address and resolve 
                disputes.
    (f) Termination of Scoping Stage Consultation Without a Memorandum 
of Agreement.--The agency shall make a good faith effort through 
sustained interaction and collaboration to reach a consensus resulting 
in a memorandum of agreement. If, after a good faith effort and a 
reasonable amount of time given the nature and complexities of the 
proposed activity and potential impacts, the agency determines that 
further consultation will not be productive, it may terminate 
consultation by providing all consultation partners with a written 
notification and explanation for its decision, signed by the head of 
the agency, and proceed to the decision stage procedures described in 
section 204. Any decision by an agency to terminate consultation must 
be supported by an adequate documentation and evidence of its good 
faith efforts and the basis for its decision. The affected Indian 
Tribes may at any point decide to terminate consultation. In case of 
termination by either party, the agency shall provide the affected 
Indian Tribes or other affected parties with the opportunity to submit 
a written statement, explanation, or comment on the consultation 
proceedings that will become part of the agency's official consultation 
record.

SEC. 204. DECISION STAGE PROCEDURES.

    (a) Proposal Document.--The agency shall compile a document 
consisting of the plan for the activity, its anticipated impacts to 
Tribal interests, any memorandum of agreement, and any written 
statements made by consulting partners during the scoping stage as 
described in section 203. The agency shall include sufficient 
supporting documentation to the extent permitted by law and within 
available funds to enable any reviewing parties to understand its 
basis. The agency may use documentation prepared to comply with other 
laws to fulfill the requirements of this provision to the extent that 
such documentation is sufficiently pertinent to and focused on the 
relevant issues as to allow reasonable ease of review. The agency shall 
mail and, if possible, email a copy of the Proposal Document to all 
affected Indian Tribes and stakeholders, including those that withdrew 
from the process. At a minimum, the document shall go to the Tribal 
leader, all members of any elected Tribal governing body, and 
stakeholders. The agency shall follow up to confirm receipt of the 
document. After these steps have been completed, the Proposal Document 
shall be published in the Federal Register, subject to the provisions 
of section 207.
    (b) Public Comment Period.--The agency shall provide a period of 
not less than 90 days after publication in the Federal Register for 
comments on the Proposal Document. A reasonable extension shall be 
granted upon request of not less than 30 days by any member of any of 
the affected Indian Tribal governing bodies or a stakeholder.
    (c) Preliminary Decision.--After expiration of the comment period, 
the agency shall prepare a preliminary decision letter, signed by the 
head of the agency. The letter shall state the decision to proceed or 
not proceed with the mineral activity, the decision's rationale, any 
changes in the proposal made in response to comments, and any points 
where the decision conflicts with the expressed requests of any of the 
affected Indian Tribes or stakeholders. It shall particularly address 
why the decision was made to disregard any such requests. The agency 
shall mail and, if possible, email a copy of the letter to all affected 
Indian Tribes and stakeholders, including those that withdrew from the 
process. At a minimum, the letter shall go to the Tribal leader, all 
members of the Tribal governing body, and stakeholders. The agency 
shall follow up to confirm receipt of the letter.
    (d) Final Decision.--The agency shall provide a 60-day period 
following the issuance of the preliminary decision letter for response 
by the affected Indian Tribes and stakeholders. Thereafter, the agency 
shall notify in writing, signed by the head of the agency, the affected 
Indian Tribes and stakeholders, including those that withdrew from the 
process, of the agency's final decision.

SEC. 205. DOCUMENTATION AND REPORTING.

    (a) Official Consultation Record.--The agency shall keep an 
official consultation record that allows accurate tracking of the 
process so that agencies and consulting parties can correct any errors 
or omissions, and provides an official record of the process that can 
be referred to in any litigation that may arise. The agency shall 
document all efforts to initiate consultation as well as documenting 
the process once it has begun. Such documentation, including 
correspondence, telephone logs, and emails, shall be included in the 
agency's official consultation record. The agency shall also keep notes 
so that the consultation record documents the content of consultation 
meetings, site visits, and phone calls in addition to information about 
dates and who participated.
    (b) Payment for Tribal Documentation Work.--If the agency asks an 
Indian Tribe for specific information or documentation regarding the 
location, nature, and condition of individual sites, to conduct a 
survey, or in any way fulfill the duties of the agency in a role 
similar to that of a consultant or contractor, then the agency must pay 
for such services, if so requested by the Indian Tribe, as it would for 
any private consultant or contractor. An Indian Tribe may select a 
contractor to perform such work on its behalf, to be paid for by the 
agency.
    (c) Report to Congress.--Each agency shall on a biennial basis 
submit to Congress a report on its consultation activities.

SEC. 206. IMPLEMENTATION.

    Not later than 30 days after the date of the enactment of this Act, 
the head of each agency shall designate an official with principal 
responsibility for the agency's review of existing consultation and 
coordination policies and procedures, and implementation of this Act. 
Not later than 60 days after the effective date of this order, the 
designated official shall submit to the Office of Management and Budget 
a description of the agency's revised consultation process in 
conformity with this Act.

SEC. 207. SENSITIVE TRIBAL INFORMATION.

    (a) Closed Meetings.--Notwithstanding any provision of the 
Administrative Procedures Act, consultation meetings shall be closed to 
the public at the request of the Indian Tribal Government.
    (b) Sensitive Information.--Notwithstanding any provision of 
section 552 of title 5, United States Code (commonly known as the 
Freedom of Information Act), the Administrative Procedures Act, or any 
other applicable laws or regulations, all information designated by the 
Indian Tribe as sensitive, such as the location of sacred sites or 
other details of cultural or religious practices, shall be deleted from 
any public publication made as part of the consultation process or in 
the process of carrying out the activity.
    (c) Limited Information Access.--The agency, in consultation with 
the Indian Tribe or such Tribe's designee, shall determine who may have 
access to the information for the purposes of carrying out the mineral 
activity.
    (d) Individual Allotments.--Instances where sacred sites are 
located on individual allotments or public domain allotments shall be 
addressed on a case-by-case basis and shall involve the allottees.
    (e) Sacred Sites.--The location and uses of a sacred site shall be 
protected in accordance with this provision and section 111.

  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.

    Notwithstanding section 302(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the 
Act of June 4, 1897 (chapter 2; 30 Stat. 36; 16 U.S.C. 478), and the 
National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this title and applicable law, unless expressly stated 
otherwise in this Act, the Secretary 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. 302. PERMITS.

    (a) Permits Required.--No person may engage in mineral activities 
on Federal land that may cause a disturbance of surface resources, 
including land, air, ground water and surface water, and fish and 
wildlife, unless 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 National Environmental Policy Act Process.--
The Secretary and the Secretary of Agriculture shall conduct the permit 
processes under this Act in accordance with the timing and other 
requirements under section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332). To the extent practicable, the Secretary and 
Secretary of Agriculture shall coordinate the permit process.

SEC. 303. 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 306 will be met.
            (6) The applicant is eligible to receive a permit under 
        section 305.
    (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) Prior written approval.--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) Approval.--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 under section 
                304;
                    (B) has submitted evidence of financial assurance 
                satisfactory under section 306; and
                    (C) meets any other requirements specified by the 
                Secretary.
            (3) Assumed liability.--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) Fee.--Each application for approval of a permit 
        transfer, assignment, or sale pursuant to this subsection shall 
        be accompanied by a fee payable to the Secretary of the 
        Interior in such amount as may be established by such 
        Secretary. Such amount shall be equal to the actual or 
        anticipated cost to the Secretary or the Secretary of 
        Agriculture, as appropriate, of reviewing and approving or 
        disapproving such transfer, assignment, or sale, as determined 
        by the Secretary of the Interior.

SEC. 304. OPERATIONS PERMIT.

    (a) Operations Permit.--(1) Any 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, will be 
        restored after the completion of mineral activities.
            (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 306 prior to the initiation of operations.
            (G) Neither the applicant nor operator, nor any subsidiary, 
        affiliate, or person controlled by or under common control with 
        the applicant or operator, is ineligible to receive a permit 
        under section 305.
            (H) The reclamation plan demonstrates that 10 years 
        following mine closure, no treatment of surface or ground water 
        for carcinogens or toxins will be required to meet water 
        quality standards at the point of discharge.
    (2) With respect to any activities specified in the reclamation 
plan referred to in subsection (b) that 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), the 
Secretary shall consult with the Administrator of the Environmental 
Protection Agency prior to the issuance of an operations permit. The 
Administrator of the Environmental Protection Agency 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) In general.--An operations permit--
                    (A) shall be for an initial term not 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;
                    (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; and
                    (C) shall expire 5 years following the commencement 
                of a temporary cessation unless, prior to the 
                expiration of the 5 years, the mine operator has filed 
                with the Secretary a request for approval to resume 
                operations.
            (2) Failure to commence mineral activities.--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) Application.--During the term of an operations permit 
        the operator may submit an application to modify the permit 
        (including the operations plan or reclamation plan).
            (2) Modification by the secretary concerned.--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) Unanticipated events or conditions.--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 or 
                biological resources that were not addressed in the 
                original plan;
                    (G) the discovery of a properties eligible for 
                listing on the National Register of Historic Places; or
                    (H) the discovery of hazards to public safety.
    (f) Temporary Cessation of Operations.--
            (1) Secretarial approval required.--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.
            (2) Previously issued operations permits.--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.
            (3) Required information.--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 human health, the environment, or properties 
        eligible for listing on the National Register of Historic 
        Places. 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.
            (4) Conditions for approval.--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 
                protect against hazards to the health and safety of the 
                public and fish and wildlife or damage to properties 
                eligible for listing on the National Register of 
                Historic Places.
                    (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, and before approving the resumption of operations under 
subsection (f), 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) Written approval.--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) Conditions of approval.--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 all required information and is 
                eligible to receive a permit in accordance with section 
                305;
                    (B) has submitted evidence of financial assurance 
                satisfactory under section 306; and
                    (C) meets any other requirements specified by such 
                Secretary.
            (3) Assumed liability.--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) Fee.--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. 305. PERSONS INELIGIBLE FOR PERMITS.

    (a) Current Violations.--Unless corrective action has been taken in 
accordance with subsection (c), no permit under this title shall be 
issued or transferred to an applicant if the applicant or any agent of 
the applicant, the operator (if different than the applicant), 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) Reinstatement.--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) Conditional approval.--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 may be issued under 
this Act 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. 306. FINANCIAL ASSURANCE.

    (a) Financial Assurance Required.--
            (1) Form of assurance.--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, letters of credit, certificates of deposit, or 
        cash.
            (2) Covered activities.--The financial assurance shall 
        cover all lands within the initial permit area and all affected 
        waters that may require restoration, treatment, or other 
        management as a result of mineral activities, and shall be 
        extended to cover all lands and waters added pursuant to any 
        permit modification made under section 303(e) or section 
        304(e), or affected by mineral activities.
    (b) Amount.--The amount of the financial assurance required under 
this section shall be sufficient to assure the completion of 
reclamation and restoration satisfying the requirements of this Act if 
the work were to be performed by the Secretary concerned in the event 
of forfeiture, including the construction and maintenance costs for any 
treatment facilities necessary to meet Federal and State environmental 
requirements. The calculation of such amount shall take into account 
the maximum level of financial exposure which shall arise during the 
mineral activity and administrative costs associated with a government 
agency reclaiming the site.
    (c) Duration.--The financial assurance required under this section 
shall be held for the duration of the mineral activities and for an 
additional period to cover the operator's responsibility for 
reclamation, restoration, and long-term maintenance, and effluent 
treatment as specified in subsection (g).
    (d) Adjustments.--The amount of the financial assurance and the 
terms of the acceptance of the assurance may be adjusted by the 
Secretary concerned from time to time as the area requiring coverage is 
increased or decreased, or where the costs of reclamation or treatment 
change, or pursuant to section 304(f), but the financial assurance 
shall otherwise be in compliance with this section. The Secretary 
concerned shall review the financial guarantee every 3 years and as 
part of the permit application review under section 304(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 
        308, have been fulfilled.
    (f) Release Schedule.--The release referred to in subsection (e) 
shall be according to the following schedule:
            (1) After the operator has completed any required 
        backfilling, regrading, and drainage control of an area subject 
        to mineral activities and covered by the financial assurance, 
        and has commenced revegetation on the regraded areas subject to 
        mineral activities in accordance with the approved plan, that 
        portion of the total financial assurance secured for the area 
        subject to mineral activities attributable to the completed 
        activities may be released except that sufficient assurance 
        must be retained to address other required reclamation and 
        restoration needs and to assure the long-term success of the 
        revegetation.
            (2) After the operator has completed successfully all 
        remaining mineral activities and reclamation activities and all 
        requirements of the operations plan and the reclamation plan, 
        and all other requirements of this Act have been fully met, the 
        remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as 
specified in paragraph (1), until the remaining portion of the 
financial assurance is released as provided in paragraph (2), the 
operator shall be required to comply with the permit issued under this 
title.
    (g) Effluent.--Notwithstanding section 307(b)(4), where any 
discharge or other water-related condition resulting from the mineral 
activities requires treatment in order to meet the applicable effluent 
limitations and water quality standards, the financial assurance shall 
include the estimated cost of maintaining such treatment for the 
projected period that will be needed after the cessation of mineral 
activities. The portion of the financial assurance attributable to such 
estimated cost of treatment shall not be released until the discharge 
has ceased for a period of 5 years, as determined by ongoing monitoring 
and testing, or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality standards for 5 
full years without treatment.
    (h) Environmental Hazards.--If the Secretary 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 507 requiring the claim holder or operator 
(or any person who controls the claim holder or operator) to correct 
the condition such that applicable laws and regulations and any 
conditions from the plan of operations are met.

SEC. 307. OPERATION AND RECLAMATION.

    (a) General Rule.--(1) The operator shall restore lands subject to 
mineral activities carried out under a permit issued under this title 
to a condition capable of supporting--
            (A) the uses which such lands were capable of supporting 
        prior to surface disturbance by the operator; or
            (B) other beneficial uses which conform to applicable land 
        use plans as determined by the Secretary 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 within the leased 
        area.
    (c) Surface or Ground Water Withdrawals.--The Secretary concerned 
shall work with State and local governments with authority over the 
allocation and use of surface and ground water in the area around the 
mine site as necessary to ensure that any surface or ground water 
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. 308. STATE LAW AND REGULATION.

    (a) State Law.--
            (1) Reclamation, land use, environmental, and public health 
        standards.--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) Bonding requirements.--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) Inspection standards.--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) Environmental standards.--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) Water resources.--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) In general.--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) Common regulatory framework.--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) Notice and public comment.--The Secretary concerned 
        shall not enter into a cooperative agreement with any State 
        under this section until after notice in the Federal Register 
        and opportunity for public comment and hearing.
    (d) Prior Agreements.--Any cooperative agreement or such other 
understanding between the Secretary concerned and any State, or 
political subdivision thereof, relating to the management of mineral 
activities on lands subject to this Act that was in existence on the 
date of enactment of this Act may only continue in force until 1 year 
after the date of enactment of this Act. During such 1-year period, the 
State and the Secretary shall review the terms of the agreement and 
make changes that are necessary to be consistent with this Act.

             TITLE IV--ABANDONED HARDROCK MINE RECLAMATION

SEC. 401. ESTABLISHMENT OF FUND.

    (a) Establishment.--There is established in the Department 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. 402. CONTENTS OF FUND.

    (a) In General.--The following amounts shall be credited to the 
Fund:
            (1) All moneys collected pursuant to section 502 and 
        section 506.
            (2) All fees received under section 304(a)(1)(B).
            (3) All donations by persons, corporations, associations, 
        and foundations for the purposes of this title.
            (4) All amounts deposited in the Fund under title I.
            (5) All income on investments under section 401(b).
            (6) All amounts deposited in the Fund under section 403.
    (b) Donations.--The Secretary may accept for the Government a gift 
of money to be deposited into the Fund. The Secretary may reject a gift 
to the Fund if such rejection is in the interest of the Government.

SEC. 403. 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 401, 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. 404. 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 405, 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 title; or
                    (C) be transferred by the Secretary to an Indian 
                Tribe or a State to carry out a reclamation program 
                under this title that meets the purposes described in 
                paragraph (1).
    (b) Allocation.--Of the amounts deposited into the Fund--
            (1) 25 percent shall be allocated for expenditure by the 
        Secretary 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 Fund shall reflect 
the following priorities in the order stated:
            (1) The protection of public health and safety from extreme 
        danger from the adverse effects of past mineral activities, 
        especially as relates to surface water and 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 
title 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 title 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 title 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. 405. ELIGIBLE LANDS AND WATERS.

    (a) Eligibility.--Reclamation expenditures under this title 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 title, and shall submit an annual report to the 
Congress on the progress in cleanup of such sites.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

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

                     TITLE V--ADDITIONAL PROVISIONS

SEC. 501. POLICY FUNCTIONS.

    (a) Minerals Policy.--Section 101 of the Mining and Minerals Policy 
Act of 1970 (30 U.S.C. 21a) is amended--
            (1) by inserting ``and to ensure that mineral extraction 
        and processing not cause undue degradation of the natural and 
        cultural resources of the public lands'' after ``activities''; 
        and
            (2) by adding at the end 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. 502. USER FEES AND INFLATION ADJUSTMENT.

    (a) In General.--
            (1) 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) Inflation.--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) Notice.--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) Applicability.--A fee adjustment under this subsection 
        shall begin to apply the calendar year following the calendar 
        year in which it is made.

SEC. 503. INSPECTION AND MONITORING.

    (a) Inspections.--
            (1) In general.--The Secretary concerned shall make 
        inspections of mineral activities so as to ensure compliance 
        with the requirements of this Act.
            (2) Frequency.--The Secretary concerned shall establish a 
        frequency of inspections for mineral activities conducted under 
        a permit issued under title III, but in no event shall such 
        inspection frequency be less than one complete inspection per 
        calendar quarter or, two per calendar quarter in the case of a 
        permit for which the Secretary concerned approves an 
        application under section 304(f). After revegetation has been 
        established in accordance with a reclamation plan, such 
        Secretary shall conduct 2 complete inspections annually. 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) By request.--
                    (A) In general.--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.
                    (B) Review period.--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.
                    (C) Imminent threat.--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.
                    (D) Notification.--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.
                    (E) Liability.--The Secretary shall not incur any 
                liability for allowing such person to accompany an 
                authorized representative.
                    (F) Anonymity.--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.
                    (G) Procedures.--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.
                    (H) Written statement.--The Secretary concerned 
                shall furnish a person requesting a review a written 
                statement of the reasons for the Secretary's final 
                disposition of the case.
    (b) Monitoring.--
            (1) Monitoring system.--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) Reporting requirements.--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) Failure to report.--The Secretary concerned shall 
        determine what information shall be reported by the operator 
        pursuant to paragraph (2). A failure to report as required by 
        the Secretary concerned shall constitute a violation of this 
        Act and subject the operator to enforcement action pursuant to 
        section 506.

SEC. 504. CITIZENS SUITS.

    (a) In General.--Except as provided in subsection (c), 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.
    (b) District Court Jurisdiction.--The United States district courts 
shall have jurisdiction over actions brought under this section, 
without regard to the amount in controversy or the citizenship of the 
parties, including actions brought to apply any civil penalty under 
this Act. The district courts of the United States shall have 
jurisdiction to compel agency action unreasonably delayed, except that 
an action to compel agency action reviewable under section 505 may only 
be filed in a United States district court within the circuit in which 
such action would be reviewable under section 505.
    (c) Exceptions.--
            (1) Notice.--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 or to properties eligible for listing on the 
        National Register of Historic Places.
            (2) On-going litigation.--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) Exception.--No action may be commenced under subsection 
        (a)(2) against either Secretary to review any rule promulgated 
        by, or to any permit issued or denied by such Secretary if such 
        rule or permit issuance or denial is judicially reviewable 
        under section 505 or under any other provision of law at any 
        time after such promulgation, issuance, or denial is final.
    (d) Venue.--Venue of all actions brought under this section shall 
be determined in accordance with section 1391 of title 28, United 
States Code.
    (e) 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.
    (f) Savings Clause.--Nothing in this section shall restrict any 
right which any person (or class of persons) may have under chapter 7 
of title 5, United States Code, under this section, or under any other 
statute or common law to bring an action to seek any relief against the 
Secretary or the Secretary of Agriculture or against any other person, 
including any action for any violation of this Act or of any regulation 
or permit issued under this Act or for any failure to act as required 
by law. Nothing in this section shall affect the jurisdiction of any 
court under any provision of title 28, United States Code, including 
any action for any violation of this Act or of any regulation or permit 
issued under this Act or for any failure to act as required by law.

SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Review by Secretary.--
            (1) Notice of violation.--Any person issued a notice of 
        violation or cessation order under section 507, 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.
            (2) Review of penalty.--Any person who is subject to a 
        penalty assessed under section 507 may apply to the Secretary 
        concerned for review of the assessment within 45 days of 
        notification of such penalty.
            (3) Third party requests.--Any person may apply to the 
        Secretary concerned for review of a decision under this 
        subsection within 30 days after such decision is issued.
            (4) Stays pending review.--Pending a review by the 
        Secretary or resolution of an administrative appeal, final 
        decisions (except enforcement actions under section 507) shall 
        be stayed.
            (5) Public hearing.--The Secretary concerned shall provide 
        an opportunity for a public hearing at the request of any party 
        to the proceeding as specified in paragraph (1). The filing of 
        an application for review under this subsection shall not 
        operate as a stay of any order or notice issued under section 
        506.
            (6) Written decision.--For any review proceeding under this 
        subsection, the Secretary concerned shall make findings of fact 
        and shall issue a written decision incorporating therein an 
        order vacating, affirming, modifying, or terminating the 
        notice, order, or decision, or with respect to an assessment, 
        the amount of penalty that is warranted. Where the application 
        for review concerns a cessation order issued under section 506 
        the Secretary concerned shall issue the written decision within 
        30 days of the receipt of the application for review or within 
        30 days after the conclusion of any hearing referred to in 
        paragraph (5), whichever is later, unless temporary relief has 
        been granted by the Secretary concerned under paragraph (7).
            (7) Temporary relief.--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 506 
        together with a detailed statement giving reasons for such 
        relief. The Secretary concerned shall expeditiously issue an 
        order or decision granting or denying such relief. The 
        Secretary concerned may grant such relief under such conditions 
        as he or she may prescribe only if such relief shall not 
        adversely affect the health or safety of the public or cause 
        imminent environmental harm to land, air, or water resources.
            (8) Savings clause.--The availability of review under this 
        subsection shall not be construed to limit the operation of 
        rights under section 504.
    (b) Judicial Review.--
            (1) Court of appeals for the district of columbia.--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 a United States 
        Court of Appeals for a circuit in which an affected State is 
        located or within 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) Standard of review.--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) Savings clause.--The availability of judicial review 
        established in this subsection shall not be construed to limit 
        the operations of rights under section 504.
            (4) Record.--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) Commence of a proceeding not a stay.--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 appropriate if it is 
determined that such party prevailed in whole or in part, achieving 
some success on the merits, and that such party made a substantial 
contribution to a full and fair determination of the issues.

SEC. 506. REPORTING REQUIREMENTS.

    (a) Report to Secretary.--An operator engaging in any mineral 
activities located on Federal land or on Indian land shall submit to 
the Secretary an annual report, in a time and manner prescribed by the 
Secretary, describing the total amount (in metric tons) and value of 
hardrock minerals produced through such mineral activities, including 
the total amount and value of any minerals produced from a mine 
partially located on either Federal land or Indian land, disaggregated 
by mineral and by percentage extracted from Federal land and percentage 
extracted from Indian land.
    (b) Failure To Report.--Any person who fails to comply with the 
requirements of subsection (a) shall be subject to a civil penalty not 
to exceed $25,000 per day during which such failure continues, which 
may be assessed by the Secretary.
    (c) Report to Congress.--The Secretary shall submit an annual 
report to Congress providing the following information for each 
hardrock mine located on Federal land or on Indian land:
            (1) The data submitted for such mine under subsection (a).
            (2) The name of the mine operator.
            (3) The State in which such mine is located.
            (4) The Bureau of Land Management Field Office with 
        jurisdiction over such mine.
            (5) Whether such mine is located on Federal land.
            (6) Whether such mine is located on Indian land.
    (d) Regulations.--The Secretary shall promulgate such regulations 
as are necessary to carry out this section not later than 180 days 
after the date of the enactment of this Act.

SEC. 507. ENFORCEMENT.

    (a) Orders.--
            (1) Notice of violation.--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) Order for immediate cessation.--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 
        either of the following, such Secretary or authorized 
        representative shall immediately order a cessation of mineral 
        activities or the portion thereof relevant to the condition, 
        practice, or violation:
                    (A) An imminent danger to the health or safety of 
                the public.
                    (B) Significant, imminent environmental harm to 
                land, air, water, or fish or wildlife resources.
            (3) Duration.--
                    (A) Termination.--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.
                    (B) Financial assurances.--The Secretary concerned 
                shall require appropriate financial assurances to 
                ensure that the abatement obligations are met when 
                issuing an order under this section.
                    (C) Authority of the secretary.--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) Alternative enforcement action.--If, after 30 days of 
        the date of the order referred to in subsection (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 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) Failure or default.--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) Pending review.--The Secretary concerned shall not 
        cause forfeiture of the financial assurance while 
        administrative or judicial review is pending.
            (7) Liability in the event of forfeiture.--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 503.
Such court shall have jurisdiction to provide such relief as may be 
appropriate. Any relief granted by the court to enforce an order under 
paragraph (1) shall continue in effect until the completion or final 
termination of all proceedings for review of such order unless the 
district court granting such relief sets it aside.
    (c) Delegation.--Notwithstanding any other provision of law, the 
Secretary may utilize personnel of the Office of Surface Mining 
Reclamation and Enforcement to ensure compliance with the requirements 
of this Act.
    (d) Penalties.--
            (1) Failure to comply with requirements of a permit.--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) Failure to comply with a cessation order.--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) Penalties for directors, officers, and agents.--
        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 306;
            (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 305(c)(2), fails to abate a violation to the 
        satisfaction of the Secretary concerned, or if the validity of 
        the violation is upheld on the appeal which formed the basis 
        for the conditional approval.
    (f) False Statements; Tampering.--Any person who knowingly--
            (1) makes any false material statement, representation, or 
        certification in, or omits or conceals material information 
        from, or unlawfully alters, any mining claim, notice of 
        location, application, record, report, plan, or other documents 
        filed or required to be maintained under this Act; or
            (2) falsifies, tampers with, renders inaccurate, or fails 
        to install any monitoring device or method required to be 
        maintained under this Act,
shall upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than 2 years, or by both. If a 
conviction of a person is for a violation committed after a first 
conviction of such person under this subsection, punishment shall be by 
a fine of not more than $20,000 per day of violation, or by 
imprisonment of not more than 4 years, or both. Each day of continuing 
violation may be deemed a separate violation for purposes of penalty 
assessments.
    (g) Knowing Violations.--Any person who knowingly--
            (1) engages in mineral activities without a permit required 
        under title 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. 508. 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 not later than 180 days after the date of enactment of 
this Act.

SEC. 509. 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 2019''.

SEC. 510. 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.--
            (1) General mining laws.--The provisions of this Act shall 
        supersede the general mining laws.
            (2) Other 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.
            (3) Environmental laws.--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--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) The National Environmental Policy Act (42 
                U.S.C. 4321 et seq.);
                    (C) title XIV of the Public Health Service Act (the 
                Safe Drinking Water Act) (42 U.S.C. 300f et seq.);
                    (D) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (E) the Pollution Prevention Act of 1990 (42 U.S.C. 
                13101 et seq.);
                    (F) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.);
                    (G) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.;
                    (H) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.);
                    (I) the Motor Vehicle Information and Cost Savings 
                Act (15 U.S.C. 1901 et seq.);
                    (J) the Federal Hazardous Substances Act (15 U.S.C. 
                1261 et seq.);
                    (K) the Endangered Species Act of 1973 (16 U.S.C. 
                1540);
                    (L) the Atomic Energy Act of 1954 (42 U.S.C. 2011 
                et seq.);
                    (M) the Noise Control Act of 1972 (42 U.S.C. 4901 
                et seq.);
                    (N) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                    (O) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (P) the Superfund Amendments and Reauthorization 
                Act of 1986 (Public Law 99-499; 100 Stat. 1613);
                    (Q) the Ocean Dumping Act (33 U.S.C. 1401 et seq.);
                    (R) the Environmental Research, Development, and 
                Demonstration Authorization Act of 1978 (42 U.S.C. 
                4365);
                    (S) the Pollution Prosecution Act of 1990 (42 
                U.S.C. 4321 note; Public Law 101-593);
                    (T) the Federal Facilities Compliance Act of 1992 
                (Public Law 102-386; 106 Stat. 1505); and
                    (U) any statute containing an amendment to any of 
                such Acts.
            (4) Federal indian law.--Nothing in this Act shall be 
        construed as modifying or affecting any provision of--
                    (A) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (B) American Indian Religious Freedom Act (42 
                U.S.C. 1996);
                    (C) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (D) the Religious Freedom Restoration Act of 1993 
                (42 U.S.C. 2000bb et seq.); or
                    (E) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa 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. 511. 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 
activities 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. 512. 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. 513. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended--
            (1) in the heading, by striking ``or cinders'' and 
        inserting ``cinders, and clay'';
            (2) by striking ``No'' and inserting ``(a) No'';
            (3) by inserting ``mineral materials, including'' after 
        ``varieties of'';
            (4) by striking ``or cinders'' and inserting ``cinders, and 
        clay''; and
            (5) by adding at the end the following:
    ``(b)(1) Subject to valid existing rights, after the date of 
enactment of the Hardrock Leasing and Reclamation Act of 2019, 
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 (30 
U.S.C. 601-603).
    ``(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 2019; 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 2019.''.
    (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. 514. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act, 
except as otherwise provided in this Act.
                                                 Union Calendar No. 374

116th CONGRESS

  2d Session

                               H. R. 2579

                          [Report No. 116-467]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 4, 2020

  Reported with an amendment; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed