[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1386 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1386

 To modify the requirements applicable to locatable minerals on public 
                  domain land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2019

Mr. Schumer (for Mr. Udall (for himself, Mr. Bennet, Mr. Heinrich, Mr. 
   Markey, Mr. Wyden, Mr. Merkley, Mr. Booker, Ms. Harris, and Mrs. 
  Feinstein)) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To modify the requirements applicable to locatable minerals on public 
                  domain land, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hardrock Mining 
and Reclamation Act of 2019''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                  TITLE I--LOCATABLE MINERAL DEPOSITS

Sec. 101. Limitation on patents.
Sec. 102. Fees.
Sec. 103. Limitations.
                          TITLE II--ROYALTIES

Sec. 201. Royalty.
Sec. 202. Royalty relief.
Sec. 203. Enforcement.
Sec. 204. Review.
                     TITLE III--MINERAL ACTIVITIES

Sec. 301. Permits.
Sec. 302. Exploration permits.
Sec. 303. Mining permits.
Sec. 304. Financial assurances.
Sec. 305. Transfer, assignment, or sale of right.
Sec. 306. Operation and reclamation.
Sec. 307. Land open to location.
Sec. 308. State law.
Sec. 309. Inspection and monitoring.
Sec. 310. Tribal consultation.
              TITLE IV--HARDROCK MINERALS RECLAMATION FUND

Sec. 401. Establishment of Fund.
Sec. 402. Use and objectives of the Fund.
Sec. 403. Abandoned mine land reclamation fee.
TITLE V--TRANSITION RULES, ADMINISTRATIVE PROVISIONS, AND MISCELLANEOUS 
                               PROVISIONS

Sec. 501. Transition rules.
Sec. 502. Enforcement.
Sec. 503. Judicial review.
Sec. 504. Uncommon varieties.
Sec. 505. Review of uranium development on Federal land.
Sec. 506. Effect.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Abandoned hardrock mine state.--The term ``abandoned 
        hardrock mine State'' means each of the States of Alaska, 
        Arizona, California, Colorado, Idaho, Montana, Nevada, New 
        Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, 
        and Wyoming.
            (2) Applicant.--The term ``applicant'' means any person 
        that applies for--
                    (A) a permit under this Act; or
                    (B) a modification to, or a renewal of, a permit 
                issued under this Act.
            (3) Beneficiation.--The term ``beneficiation'' means--
                    (A) the crushing and grinding of locatable mineral 
                ore; and
                    (B) any processes that are employed to free the 
                mineral from other constituents, including physical and 
                chemical separation techniques.
            (4) Casual use.--
                    (A) In general.--The term ``casual use'' means 
                mineral activities that ordinarily result in no or 
                negligible disturbance of Federal land or resources.
                    (B) Inclusions.--The term ``casual use'' includes 
                the collection of geochemical, rock, soil, or mineral 
                specimens using hand tools, hand panning, or 
                nonmotorized sluicing.
                    (C) Exclusions.--The term ``casual use'' 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; or
                            (iv) the use of toxic or hazardous 
                        materials or explosives.
            (5) Claim holder.--The term ``claim holder'' means a person 
        holding a mining claim, millsite, or tunnel site that is--
                    (A) located under the general mining laws; and
                    (B) maintained in compliance with the general 
                mining laws and this Act.
            (6) Control.--The term ``control'' means having the ability 
        to determine the manner in which an entity conducts mineral 
        activities.
            (7) Exploration.--
                    (A) In general.--The term ``exploration'' means 
                creating a surface disturbance (other than casual use) 
                to evaluate the type, extent, quantity, or quality of 
                minerals present.
                    (B) Inclusions.--The term ``exploration'' includes 
                mineral activities associated with sampling, drilling, 
                or developing surface or underground workings to 
                evaluate locatable mineral values.
                    (C) Exclusions.--The term ``exploration'' does not 
                include the extraction of mineral material for 
                commercial use or sale.
            (8) Federal land.--The term ``Federal land'' means any land 
        and any interest in land that is--
                    (A) owned by the United States; and
                    (B) open to location of mining claims under the 
                general mining laws and this Act.
            (9) Fund.--The term ``Fund'' means the Hardrock Minerals 
        Reclamation Fund established by section 401(a).
            (10) Hardrock mineral.--The term ``hardrock mineral'' has 
        the meaning given the term ``locatable mineral'' except that--
                    (A) legal and beneficial title to the mineral need 
                not be held by the United States; and
                    (B) paragraph (13)(B) does not apply to this 
                paragraph.
            (11) Indian land.--The term ``Indian land'' means land that 
        is--
                    (A) held in trust for the benefit of an Indian 
                tribe or member of an Indian tribe; or
                    (B) held by an Indian tribe or member of an Indian 
                tribe, subject to a restriction by the United States 
                against alienation.
            (12) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (13) Locatable mineral.--
                    (A) In general.--The term ``locatable mineral'' 
                means any mineral--
                            (i) the legal and beneficial title to which 
                        remains in the United States; and
                            (ii) 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 Act of August 7, 1947 
                                (commonly known as the ``Mineral 
                                Leasing Act for Acquired Lands'') (30 
                                U.S.C. 351 et seq.).
                    (B) Exclusions.--The term ``locatable mineral'' 
                does not include any mineral that is--
                            (i) subject to a restriction against 
                        alienation imposed by the United States; and
                            (ii) held in trust by the United States 
                        for, or owned by, any Indian tribe or member of 
                        an Indian tribe, as defined in section 2 of the 
                        Indian Mineral Development Act of 1982 (25 
                        U.S.C. 2101).
            (14) Mineral activity.--The term ``mineral activity'' means 
        any activity on a mining claim, millsite, or tunnel site, or 
        Federal land used in conjunction with the activity, for, 
        relating to, or incidental to, mineral exploration, mining, 
        beneficiation, processing, or reclamation activities for any 
        locatable mineral.
            (15) Operator.--The term ``operator'' means--
                    (A) any person proposing, or authorized by a 
                permit, to conduct mineral activities under this Act; 
                and
                    (B) any agent of a person described in subparagraph 
                (A).
            (16) Person.--The term ``person'' means--
                    (A) an individual, Indian tribe, partnership, 
                association, society, joint venture, joint stock 
                company, firm, company, corporation, cooperative, 
                trust, consortium, or other organization; and
                    (B) any instrumentality of a State or local 
                government, including any publicly owned utility or 
                publicly owned corporation of a State or local 
                government.
            (17) Processing.--
                    (A) In general.--The term ``processing'' means 
                processes downstream of beneficiation used to prepare 
                locatable mineral ore into the final marketable 
                product.
                    (B) Inclusions.--The term ``processing'' includes 
                smelting and electrolytic refining.
            (18) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (19) Secretary concerned.--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 land managed by the Bureau of Land 
                Management or other Federal land.
            (20) Temporary cessation.--The term ``temporary cessation'' 
        means a halt in mine related production activities for a 
        continuous period of not longer than 5 years.
            (21) Undue degradation.--The term ``undue degradation'' 
        means substantial irreparable harm to significant scientific, 
        cultural, or environmental resources on public land.

                  TITLE I--LOCATABLE MINERAL DEPOSITS

SEC. 101. LIMITATION ON PATENTS.

    (a) Determinations Required.--No patent shall be issued by the 
United States for any mining claim, millsite, or tunnel site located 
under the general mining laws unless the Secretary determines that--
            (1) a patent application was filed with the Secretary with 
        respect to the claim not later than September 30, 1994; and
            (2) all requirements applicable to the patent application 
        under law were fully complied with by the date described in 
        paragraph (1).
    (b) Right to Patent.--
            (1) In general.--Subject to paragraph (2) and 
        notwithstanding subsection (c), if the Secretary makes the 
        determinations under paragraphs (1) and (2) of subsection (a) 
        with respect to a mining claim, millsite, or tunnel site, the 
        claim holder shall be entitled to the issuance of a patent in 
        the same manner and degree to which the claim holder would have 
        been entitled to a patent before the date of enactment of this 
        Act.
            (2) Withdrawal.--The claim holder shall not be entitled to 
        the issuance of a patent if the determinations under paragraphs 
        (1) and (2) of subsection (a) are withdrawn or invalidated by 
        the Secretary or, on review, by a court of the United States.
    (c) Repeal.--Section 2325 of the Revised Statutes (30 U.S.C. 29) is 
repealed.

SEC. 102. FEES.

    (a) Claim Maintenance Fees.--
            (1) In general.--Not later than August 31, 2020, and each 
        August 31 thereafter, the holder of each unpatented mining 
        claim, millsite, or tunnel site shall pay to the Secretary a 
        maintenance fee of $200 for each claim, millsite, or tunnel 
        site.
            (2) Requirements.--The maintenance fees required under 
        paragraph (1) shall be in lieu of--
                    (A) the assessment work requirements under the 
                general mining laws; and
                    (B) the related filing requirements under 
                subsections (a) and (c) of section 314 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1744).
            (3) Timing of initial payment.--Notwithstanding paragraph 
        (1), the maintenance fee payable for the initial assessment 
        year in which the location is made shall be paid at the time 
        the location notice is recorded with the Bureau of Land 
        Management.
            (4) Claim relocation.--
                    (A) Definition of related party.--In this paragraph 
                and paragraph (5), the term ``related party'' means--
                            (i) the spouse and qualifying child (as 
                        defined in section 152 of the Internal Revenue 
                        Code of 1986) of the claim holder; and
                            (ii) a person affiliated with the claim 
                        holder, including--
                                    (I) a person controlled by, 
                                controlling, or under common control 
                                with, the claim holder; or
                                    (II) a subsidiary, parent company, 
                                partner, director, or officer of the 
                                claim holder.
                    (B) Limits on relocation.--
                            (i) In general.--No claim, millsite, or 
                        tunnel site, or portion of a claim or site, may 
                        be relocated by a person or related party if 
                        the person or related party held the claim or 
                        site and subsequently relinquished the claim or 
                        site or allowed the claim or site to become 
                        null and void.
                            (ii) Duration.--The prohibition on 
                        relocation shall extend for a period of 10 
                        years beginning on the date the claim or site 
                        was relinquished or became null and void.
            (5) Waiver.--The maintenance fee required under paragraph 
        (1) shall be waived for a claim holder who certifies in writing 
        to the Secretary that on the date the maintenance fee was due, 
        the claim holder and all related parties--
                    (A) held not more than 10 mining claims, millsites, 
                tunnel sites, or any combination of claims and sites on 
                Federal land; and
                    (B) can demonstrate that the claim holder and all 
                related parties have performed assessment work required 
                under section 2324 of the Revised Statutes (30 U.S.C. 
                28) to maintain the mining claims and sites held by the 
                claim holder and all related parties for the assessment 
                year ending on noon of September 1 of the calendar year 
                in which payment of the maintenance fee was due.
            (6) Adjustment.--
                    (A) In general.--Subject to subparagraph (B), 
                beginning on the date that is 5 years after the date of 
                enactment of this Act and every 5 years thereafter, the 
                Secretary shall adjust the amount of maintenance fees 
                required under paragraph (1) to reflect changes in the 
                Consumer Price Index for all urban consumers published 
                by the Department of Labor.
                    (B) More frequent adjustments.--The Secretary may 
                adjust the amount of the maintenance fees more 
                frequently than specified in subparagraph (A) to 
                reflect changes in the Consumer Price Index for all 
                urban consumers published by the Department of Labor if 
                the Secretary determines an adjustment to be 
                reasonable.
                    (C) Notice.--Not later than July 1 of any year in 
                which an adjustment is made under this paragraph, the 
                Secretary shall provide claim holders notice of the 
                adjustment.
                    (D) Application.--An adjustment under this 
                paragraph shall apply beginning in the first calendar 
                year after the calendar year in which the adjustment is 
                made.
            (7) Applicable law.--The co-ownership provisions of section 
        2324 of the Revised Statutes (30 U.S.C. 28) shall remain in 
        effect, except that the annual maintenance fee, as applicable, 
        shall replace applicable assessment requirements and 
        expenditures.
            (8) Use and occupancy of claims.--Timely performance of 
        required assessment work or payment of the maintenance fee 
        under this subsection satisfies any obligation the claim holder 
        has under the pedis possessio doctrine for any claim properly 
        located in accordance with the general mining laws and 
        applicable State law.
    (b) Location Fees.--
            (1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, for each unpatented 
        mining claim, millsite, or tunnel site located after the date 
        of enactment of this Act, the locator shall, at the time the 
        location notice is recorded with the Bureau of Land Management, 
        pay to the Secretary a location fee of $50 for each claim for 
        each location notice recorded with the Bureau of Land 
        Management.
            (2) Adjustment.--
                    (A) In general.--Subject to subparagraph (B), 
                beginning on the date that is 5 years after the date of 
                enactment of this Act and every 5 years thereafter, the 
                Secretary shall adjust the amount of location fees 
                required under paragraph (1) to reflect changes in the 
                Consumer Price Index for all urban consumers published 
                by the Department of Labor.
                    (B) More frequent adjustments.--The Secretary may 
                adjust the amount of the location fees more frequently 
                than specified in subparagraph (A) to reflect changes 
                in the Consumer Price Index for all urban consumers 
                published by the Department of Labor if the Secretary 
                determines an adjustment to be reasonable.
                    (C) Notice.--Not later than July 1 of any year in 
                which an adjustment is made under this paragraph, the 
                Secretary shall provide claim holders notice of the 
                adjustment.
                    (D) Application.--An adjustment under this 
                paragraph shall apply beginning in the first calendar 
                year after the calendar year in which the adjustment is 
                made.
            (3) Effect on maintenance fee.--The location fee required 
        under paragraph (1) shall be in addition to the maintenance fee 
        required under subsection (a).
    (c) Disposition of Funds.--
            (1) In general.--Any amounts received under this section 
        shall be used to pay the costs of administering program 
        operations under sections 2318 through 2352 of the Revised 
        Statutes (commonly known as the ``Mining Law of 1872'') (30 
        U.S.C. 21 et seq.) and this Act, without further appropriation.
            (2) Excess amounts.--Any amounts in excess of the costs 
        described in paragraph (1) for any fiscal year shall be 
        deposited in the Fund.
    (d) Effect of Section.--Nothing in this section changes or 
modifies--
            (1) section 314(b) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1744(b)); or
            (2) the provisions of subsection (c) of section 314 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744) 
        relating to filings required by subsection (b) of that section.
    (e) Amendment to Revised Statutes.--Section 2324 of the Revised 
Statutes (30 U.S.C. 28) is amended by inserting ``or section 102(a)(5) 
of the Hardrock Mining and Reclamation Act of 2019'' after ``Omnibus 
Budget Reconciliation Act of 1993''.

SEC. 103. LIMITATIONS.

    (a) Failure To Comply.--
            (1) In general.--The failure of the claim holder to perform 
        assessment work or to pay a maintenance fee if required under 
        section 102(a), to pay a location fee under section 102(b), or 
        to file a timely notice of location shall--
                    (A) conclusively constitute a forfeiture of the 
                mining claim, millsite, or tunnel site; and
                    (B) make the claim or site null and void by 
                operation of law.
            (2) Effect.--Forfeiture under paragraph (1) shall not 
        relieve any person of any obligation under this Act and 
        applicable regulations, including reclamation, and other 
        applicable law.
    (b) Relinquishment.--
            (1) In general.--A claim holder deciding not to pursue 
        mineral activities on a mining claim, millsite, or tunnel site, 
        may relinquish the claim or site by notifying the Secretary of 
        the intent to relinquish the claim or site.
            (2) Effect.--A claim holder relinquishing a claim, 
        millsite, or tunnel site under paragraph (1) shall be 
        responsible for any obligation under this Act and applicable 
        regulations, including reclamation, and other applicable law.
    (c) Use of Mining Claim.--
            (1) In general.--The continued use, occupancy, and 
        retention of any mining claim, millsite, or tunnel site subject 
        to this Act shall be exclusively for mineral activities as 
        authorized under this Act.
            (2) Failure to use for mineral activities.--If the claim 
        holder cannot demonstrate to the Secretary that the mining 
        claim, millsite, or tunnel site has been used exclusively for 
        mineral activities, the Secretary shall declare the claim, 
        millsite, or tunnel site null and void.

                          TITLE II--ROYALTIES

SEC. 201. ROYALTY.

    (a) In General.--Subject to subsection (c) and section 202, 
production of all locatable minerals from any mining claim located 
under the general mining laws and maintained in compliance with this 
Act shall be subject to a royalty established by the Secretary by 
regulation of not less than 5 percent, and not more than 8 percent, of 
the gross income from mining for production of all locatable minerals.
    (b) Royalty Rate.--The regulation shall establish a reasonable 
royalty rate for each locatable mineral subject to a royalty under this 
section that may vary based on the locatable mineral concerned.
    (c) No Royalty for Federal Land Subject to Existing Permit.--No 
royalty under subsection (a) shall be required for production on 
Federal land that--
            (1) is subject to an approved plan of operations or an 
        operations permit on the date of the enactment of this Act; and
            (2) produces valuable locatable minerals in commercial 
        quantities on the date of enactment of this Act.
    (d) Federal Land Not Subject to Existing Operations Permit.--
Production from any Federal land not specifically approved for mineral 
extraction under a plan of operations or an operations permit in 
existence on the date of enactment of this Act shall be subject to the 
royalty described in subsection (a).
    (e) Deposit.--Amounts received by the United States as royalties 
under this section shall be deposited in the Fund.

SEC. 202. ROYALTY RELIEF.

    (a) In General.--Subject to subsection (b), in order to promote the 
greatest ultimate recovery pursuant to a mining permit or a plan of 
operations under which production in commercial quantities has occurred 
and in the interest of conservation of natural resources, the Secretary 
may reduce any royalty otherwise required for all or part of a mining 
operation, on a showing by clear and convincing evidence by the person 
conducting mineral activities under the operations or mining permit or 
plan of operations that, without the reduction in royalty, production 
would not occur.
    (b) Effective Date.--Any reduction in a royalty provided for by 
this section shall not be effective until 60 days after the date on 
which the Secretary--
            (1) publishes public notice of the royalty reduction; and
            (2) submits to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives notice and a statement of the 
        reasons for granting the royalty reduction.

SEC. 203. ENFORCEMENT.

    (a) Duties of the Secretary.--
            (1) In general.--The Secretary shall establish a 
        comprehensive inspection, collection, fiscal, and production 
        accounting and auditing system--
                    (A) to accurately determine royalties, interest, 
                fines, penalties, fees, deposits, and other payments 
                owed under this title and section 403; and
                    (B) to collect and account for such payments in a 
                timely manner.
            (2) Inspections.--The Secretary shall establish procedures 
        to ensure that authorized and properly identified 
        representatives of the Secretary will inspect at least once 
        annually each mining claim that--
                    (A) is producing or expected to produce a 
                significant quantity of locatable minerals in any year; 
                or
                    (B) has a history of noncompliance with this Act.
    (b) Duties of Claim Holders, Operators, and Transporters.--
            (1) Payment of royalties.--
                    (A) In general.--A person who is required to make 
                any royalty or other payment under this title or 
                section 403 shall make payment to the United States at 
                such times and in such manner as the Secretary may by 
                rule prescribe.
                    (B) Liability for payments.--
                            (i) Designees.--Any person who pays, 
                        offsets, or credits funds, makes adjustments, 
                        requests and receives refunds, or submits 
                        reports with respect to payments another person 
                        is required to make shall be considered the 
                        designee of the other person under this title 
                        or section 403.
                            (ii) Liability.--A designee shall be liable 
                        for any payment obligation under this title or 
                        section 403 of any person on whose behalf the 
                        designee undertakes the activities described in 
                        clause (i).
                            (iii) Pro rata share.--The person owning an 
                        interest in a claim, millsite, or tunnel site, 
                        or production from the claim or site, shall be 
                        liable for the pro rata share of the person of 
                        payment obligations under this title or section 
                        403.
            (2) Site security.--
                    (A) In general.--A person conducting mineral 
                activities shall develop and comply with the site 
                security provisions in the mining permit designed to 
                protect from theft the locatable minerals that are 
                produced or stored on a mining claim.
                    (B) Minimum standards.--The provisions shall 
                conform with such minimum standards as the Secretary 
                may prescribe by rule, taking into account the variety 
                of circumstances on mining claims.
                    (C) Notification of commencement or resumption of 
                production.--Not later than the fifth business day 
                after production begins in any place on a mining claim 
                or production resumes after more than 90 days after 
                production ceased or was suspended, the person 
                conducting mineral activities shall notify the 
                Secretary, in the manner prescribed by the Secretary, 
                of the date on which the production has begun or 
                resumed.
    (c) Recordkeeping and Reporting Requirements.--
            (1) In general.--A claim holder, operator, or other person 
        directly or indirectly involved in developing, producing, 
        processing, transporting, purchasing, or selling locatable or 
        hardrock minerals, subject to this Act, through the point of 
        first sale, the point of royalty or fee computation, or the 
        point of smelting or other processing, whichever is later, 
        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 title or section 
        403 or determining compliance with rules or orders under this 
        title or section 403.
            (2) Access.--On 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 the officer or employee.
            (3) Duration of recordkeeping requirement.--
                    (A) In general.--Records required by the Secretary 
                under this section shall be maintained for 7 years 
                after the records are generated or amended unless the 
                Secretary notifies the claim holder, operator, other 
                person referred to in paragraph (1), or record holder 
                that the Secretary has initiated an audit or 
                investigation involving the records and that the 
                records must be maintained for a longer period.
                    (B) Ongoing audit or investigation.--In any case in 
                which an audit or investigation is underway, records 
                shall be maintained until the Secretary releases the 
                claim holder, operator, other person referred to in 
                paragraph (1), or record holder subject to the 
                recordkeeping and requirements of this Act of the 
                obligation to maintain the records.
    (d) Audits.--The Secretary may conduct such audits of all claim 
holders, operators, producers, transporters, purchasers, processors, or 
other persons directly or indirectly involved in the production or 
sales of locatable or hardrock minerals covered by this Act, as the 
Secretary considers necessary for the purposes of ensuring compliance 
with the requirements of this title or section 403.
    (e) Cooperative Agreements.--
            (1) In general.--The Secretary may enter into cooperative 
        agreements with the Secretary of Agriculture--
                    (A) to share information concerning the royalty 
                management of locatable minerals;
                    (B) 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
                    (C) to carry out any other activity described in 
                this section.
            (2) Access.--Subject to paragraph (3) and pursuant to a 
        cooperative agreement, the Secretary of Agriculture shall, on 
        request, have access to all royalty or fee accounting 
        information in the possession of the Secretary relating to the 
        production, removal, or sale of locatable minerals from claims 
        on Federal land.
            (3) Confidential information.--
                    (A) In general.--Trade secrets, proprietary 
                information, and other confidential information 
                protected from disclosure under section 552 of title 5, 
                United States Code (commonly known as the ``Freedom of 
                Information Act''), shall be made available by the 
                Secretary to other Federal agencies as necessary to 
                ensure compliance with this Act and other Federal laws.
                    (B) Protection by other federal officials.--The 
                Secretary, the Secretary of Agriculture, and other 
                Federal officials shall ensure that information 
                described in subparagraph (A) is provided protection in 
                accordance with section 552 of title 5, United States 
                Code.
    (f) Interest.--
            (1) Definition of underpayment.--In this subsection, the 
        term ``underpayment'' means the difference between the royalty 
        on the value of the production or the fee under section 403 
        that should have been received by the Secretary and the royalty 
        on the value of the production or the fee under section 403 
        that was received by the Secretary, if the royalty or fee that 
        should have been received is greater than the royalty or fee 
        that was received.
            (2) Nonpayment and underpayment.--
                    (A) Nonpayment.--In the case of mining claims or 
                operations with respect to which royalty payments or 
                the fee under section 403 are not received by the 
                Secretary by the date that the payments are due, the 
                Secretary shall charge interest on the nonpayment at 
                the rate specified under subparagraph (C).
                    (B) Underpayment.--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, 
                at the rate specified under subparagraph (C).
                    (C) Interest rate.--In the case of nonpayment or 
                underpayment, interest shall be charged at the rate 
                applicable under section 6621(a)(2) of the Internal 
                Revenue Code of 1986.
    (g) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on all locatable minerals lost or wasted from a mining claim 
located under the general mining laws and maintained in compliance with 
this Act if the loss or waste is due to negligence on the part of any 
such person or due to the failure to comply with any rule, regulation, 
or order issued under this section.
    (h) Hearings and Investigations.--In carrying out this title and 
section 403, the Secretary may--
            (1) conduct any investigation or other inquiry necessary 
        and appropriate;
            (2) conduct, after notice, any necessary and appropriate 
        hearing or audit under rules prescribed by the Secretary; and
            (3) administer oaths and issue subpoenas in conducting such 
        proceedings.
    (i) Civil Penalties.--
            (1) Failure to comply with applicable law, rules or 
        regulations, or to permit inspection.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a person shall be liable for a penalty of up to 
                $500 per violation for each day the violation 
                continues, dating from the date of the notice or 
                report, if the person--
                            (i) after due notice of violation or after 
                        the violation has been reported under 
                        subparagraph (B)(i), fails or refuses to comply 
                        with any requirement of this title or section 
                        403 or any rule or regulation under this title 
                        or section 403; or
                            (ii) fails or refuses to permit inspection 
                        authorized under this title.
                    (B) Exceptions.--A penalty under this paragraph may 
                not be applied to any person who is otherwise liable 
                for a violation of subparagraph (A) if--
                            (i) the violation was discovered and 
                        reported to the Secretary or the authorized 
                        representative of the Secretary by the liable 
                        person and corrected within 20 days after the 
                        report (or such longer period to which the 
                        Secretary may agree); or
                            (ii) after the due notice of violation 
                        required under subparagraph (A)(i) has been 
                        given to the person by the Secretary or the 
                        authorized representative of the Secretary, the 
                        person has corrected the violation within 20 
                        days of the notification (or such longer period 
                        to which the Secretary may agree).
            (2) Failure to take corrective action.--If corrective 
        action is not taken within 40 days (or a longer period to which 
        the Secretary may agree), after due notice or submission of a 
        report referred to in paragraph (1)(A)(i), the person shall be 
        liable for a civil penalty of not more than $5,000 per 
        violation for each day the violation continues, dating from the 
        date of the notice or report.
            (3) Failure to make payment or to permit lawful entry, 
        inspection, or audit.--A person shall be liable for a penalty 
        of up to $10,000 per violation for each day the violation 
        continues if the person--
                    (A) knowingly or willfully fails to make any 
                payment of any royalty under this title or fee under 
                section 403 by the date as specified by law (including 
                regulation or order);
                    (B) fails or refuses to permit lawful entry, 
                inspection, or audit; or
                    (C) knowingly or willfully fails to comply with 
                subsection (b)(2)(C).
            (4) False information; unauthorized removal of locatable 
        mineral.--A person shall be liable for a penalty of up to 
        $25,000 per violation for each day the violation continues in 
        any case in which the person, in violation of this title or 
        section 403--
                    (A) knowingly or willfully prepares, maintains, or 
                submits false, inaccurate, or misleading reports, 
                notices, affidavits, records, data, or other written 
                information;
                    (B) knowingly or willfully takes or removes, 
                transports, uses or diverts any locatable mineral from 
                any land covered by a mining claim without having valid 
                legal authority to do so; or
                    (C) purchases, accepts, sells, transports, or 
                conveys to another, any locatable mineral knowing or 
                having reason to know that the locatable mineral was 
                stolen or unlawfully removed or diverted.
            (5) Hearing.--No penalty under this subsection shall be 
        assessed until the person charged with a violation has been 
        given the opportunity for a hearing on the record.
            (6) Deduction of penalty from sums owed by united states.--
        The amount of any penalty under this subsection, as finally 
        determined, may be deducted from any sums owed by the United 
        States to the person charged.
            (7) Compromise or reduction of penalties.--On a case-by-
        case basis, the Secretary may compromise or reduce civil 
        penalties under this subsection.
            (8) Notice.--
                    (A) In general.--Notice under this subsection shall 
                be by personal service by an authorized representative 
                of the Secretary or by registered mail.
                    (B) Designee for receipt of notice.--Any person 
                may, in the manner prescribed by the Secretary, 
                designate a representative to receive any notice under 
                this subsection.
            (9) Reasons on record for amount of penalty.--In 
        determining the amount of the penalty under this subsection, 
        whether the penalty should be remitted or reduced, and by what 
        amount, the Secretary shall state on the record the reasons for 
        the determinations of the Secretary.
            (10) Review.--
                    (A) In general.--Any person who has requested a 
                hearing in accordance with paragraph (5) within the 
                time the Secretary has prescribed for such a hearing 
                and who is aggrieved by a final order of the Secretary 
                under this subsection may seek review of the order in 
                the United States district court for the judicial 
                district in which the violation allegedly took place.
                    (B) Basis for review.--Review by the district court 
                shall be only on the administrative record and not de 
                novo.
                    (C) Deadline.--An action under this paragraph shall 
                be barred unless the action is filed not later than the 
                date that is 90 days after the date of issuance of the 
                final order of the Secretary.
            (11) Failure to pay penalty.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), if any person fails to pay an assessment of a 
                civil penalty under this Act, the court shall have 
                jurisdiction to award the amount assessed plus interest 
                from the date of the expiration of the 90-day period 
                referred to in paragraph (10)(C).
                    (B) Application.--Subparagraph (A) applies--
                            (i) after the order making the assessment 
                        has become a final order and if the person does 
                        not file a petition for judicial review of the 
                        order in accordance with paragraph (10); or
                            (ii) after a court in an action brought 
                        under paragraph (10) has entered a final 
                        judgment in favor of the Secretary.
                    (C) Order to pay.--Judgment by the court shall 
                include an order to pay.
    (j) Criminal Penalties.--Any person who commits an act for which a 
civil penalty is provided under subsection (i)(4) shall, on conviction, 
be punished by a fine of not more than $50,000 or by imprisonment for 
not more than 2 years, or both.
    (k) Effective Date.--
            (1) In general.--Except as provided in section 201(b) with 
        respect to the payment of royalties, the royalty required under 
        section 201 or fee required under section 403 shall take effect 
        with respect to the production of minerals on or after the date 
        of enactment of this Act.
            (2) Initial production.--Any royalty payments or fee 
        payments under section 403 attributable to production during 
        the 1-year period beginning on the date of enactment of this 
        Act shall be payable at the expiration of the 1-year period, 
        together with interest at the rate required under subsection 
        (f)(2)(C).
    (l) Injunction and Specific Enforcement Authority.--
            (1) Civil action by attorney general.--In addition to any 
        other remedy under law, the Attorney General or the designee of 
        the Attorney General may bring a civil action in a district 
        court of the United States, which shall have jurisdiction over 
        such actions--
                    (A) to restrain any violation of this title or 
                section 403; or
                    (B) to compel the taking of any action required by 
                or under this title or section 403.
            (2) Venue.--A civil action described in paragraph (1) may 
        be brought only in the United States district court for the 
        judicial district in which the act, omission, or transaction 
        constituting a violation under this title or section 403 
        occurred, or in which the defendant is found or transacts 
        business.

SEC. 204. REVIEW.

    (a) In General.--Not later than 5 years after the date of enactment 
of this Act and every 5 years thereafter, the Secretary shall complete 
a review and submit to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources of the House of 
Representatives a report addressing collections and impacts of the 
royalty and fees provided for by this Act.
    (b) Topics.--The report shall address--
            (1) the total revenues received (by category) on an annual 
        basis as--
                    (A) claim maintenance fees;
                    (B) location fees;
                    (C) land use fees;
                    (D) royalties and related payments; and
                    (E) abandoned mine land fees;
            (2) the disposition of the fees and royalties, including--
                    (A) the amount used for mining law program 
                administration; and
                    (B) the amount used for abandoned mine land 
                reclamation, including allocation by State and Indian 
                tribe;
            (3) the effectiveness of the program under this Act in 
        addressing abandoned mine land problems on Federal and non-
        Federal land;
            (4) any impact on domestic locatable mineral exploration 
        and production as a result of the fees and royalties; and
            (5) any recommendations with respect to changes in Federal 
        law (including regulations) relating to the amount or method of 
        collection (including auditing, compliance, and enforcement) of 
        the fees and royalties.

                     TITLE III--MINERAL ACTIVITIES

SEC. 301. PERMITS.

    (a) In General.--Except as provided in section 501(a)(2), no person 
may engage in mineral activities on Federal land that may cause a 
disturbance of surface resources, including land, air, water, and fish 
and wildlife, unless a permit authorizing the activities was issued to 
the person under this title.
    (b) Exceptions.--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) No Modification.--Nothing in this section enlarges, diminishes, 
establishes, repeals, or otherwise modifies any requirement of law that 
a mining claim, millsite, or tunnel site be valid in order for mineral 
activities to be undertaken.
    (d) Coordination With NEPA Process.--To the maximum extent 
practicable, the Secretary concerned shall conduct the permit processes 
under this Act in coordination with the timing and other requirements 
of section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332).

SEC. 302. EXPLORATION PERMITS.

    (a) In General.--Except as provided in section 501(a)(2), an 
exploration permit shall be required prior to conducting any 
exploration activities on Federal land that involve more than the 
casual use of the Federal land.
    (b) Limitations.--An exploration permit under subsection (a) shall 
not authorize the person to--
            (1) remove any mineral for sale; or
            (2) conduct any activity other than an activity required 
        for--
                    (A) exploration for locatable minerals; or
                    (B) reclamation.
    (c) Requirements.--To be eligible for an exploration permit, a 
person shall submit to the Secretary concerned, in a manner prescribed 
by the Secretary concerned, an application for an exploration permit 
that contains--
            (1) an exploration plan demonstrating that--
                    (A) the applicant will operate in accordance with 
                this Act and applicable regulations;
                    (B) the formation of acid mine drainage will be 
                avoided to the maximum extent practicable; and
                    (C) mineral activities will be conducted in a 
                manner that uses best management practices;
            (2) a description of potential impacts to groundwater and 
        surface water, including appropriate hydrological assessments 
        and analyses, as reasonably required by the Secretary;
            (3) a reclamation plan for the proposed exploration 
        activity demonstrating that the applicant will conduct 
        reclamation activities in accordance with section 306;
            (4) evidence of adequate financial assurance in accordance 
        with section 304;
            (5) the necessary documentation to demonstrate that the 
        proposed exploration activity will comply with applicable 
        Federal and State environmental laws (including regulations);
            (6) a monitoring and evaluation plan to ensure compliance 
        with reclamation and other requirements of this Act; and
            (7) any other relevant information determined by the 
        Secretary to be necessary to satisfy the requirements of this 
        Act and other applicable law.
    (d) Permit Issuance.--
            (1) Approval.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary concerned shall approve an application and 
                issue an exploration permit if the Secretary concerned 
                determines that the application is in compliance with--
                            (i) this Act;
                            (ii) any regulations promulgated under this 
                        Act; and
                            (iii) any other applicable laws.
                    (B) Conditions.--The Secretary concerned may 
                reasonably condition the approval of such a permit to 
                satisfy the requirements of this Act and applicable 
                regulations.
            (2) Denial.--The Secretary concerned shall deny the 
        issuance of an exploration permit if the Secretary concerned 
        determines that the permit does not meet the requirements of--
                    (A) this Act;
                    (B) any regulations promulgated under this Act; or
                    (C) other applicable laws.
            (3) Notice.--Before approving or denying an exploration 
        permit under this subsection, the Secretary concerned--
                    (A) shall provide public notice and an opportunity 
                for written comment; and
                    (B) may hold a public hearing.
    (e) Modifications to Permit.--
            (1) In general.--The permit holder may submit to the 
        Secretary concerned an application to modify an exploration 
        permit.
            (2) Approval.--
                    (A) In general.--In determining whether to approve 
                or disapprove a proposed modification to an exploration 
                permit, the Secretary concerned shall make the same 
                determinations as are required in the case of the 
                original permit.
                    (B) Exceptions.--Subparagraph (A) shall not apply 
                to minor modifications to an exploration permit or 
                instances in which the nature of the modifications make 
                compliance with the requirements unnecessary, as 
                determined by the Secretary concerned.
            (3) Modifications from secretary concerned.--
                    (A) In general.--The Secretary concerned may 
                require reasonable modification to any permit on a 
                determination that the requirements of this Act or 
                other applicable law cannot be met if the permit is 
                followed as approved.
                    (B) Requirements for determination.--A 
                determination under subparagraph (A) shall be--
                            (i) based on a written finding; and
                            (ii) subject to notice and hearing 
                        requirements established by the Secretary 
                        concerned.

SEC. 303. MINING PERMITS.

    (a) In General.--Except as provided in section 501(a)(2), a mining 
permit shall be required prior to conducting mineral activities on 
Federal land, other than casual use or exploration on the Federal land.
    (b) Requirements.--To be eligible for a mining permit, a person 
shall submit to the Secretary concerned, in a manner prescribed by the 
Secretary concerned, an application for a mining permit that contains--
            (1) a description of the condition of the land and water 
        resources of the area before mining activities are initiated;
            (2) an operations plan demonstrating that--
                    (A) the applicant will operate in accordance with 
                this Act and applicable regulations;
                    (B) the formation of acid mine drainage will be 
                avoided to the maximum extent practicable; and
                    (C) mineral activities will be conducted in a 
                manner that uses best management practices;
            (3) a description of potential impacts to groundwater and 
        surface water, including appropriate hydrological assessments 
        and analyses, as reasonably required by the Secretary;
            (4) a reclamation plan for the proposed mineral activities 
        demonstrating that the applicant will conduct reclamation 
        activities in accordance with section 306;
            (5) evidence of adequate financial assurance under section 
        304, including, if required, a trust fund as required under 
        section 304(i);
            (6) the necessary documentation to demonstrate that the 
        proposed mineral activities will comply with applicable Federal 
        and State environmental laws (including regulations);
            (7) a monitoring and evaluation plan to ensure compliance 
        with reclamation and other requirements of this Act; and
            (8) any other relevant information determined by the 
        Secretary concerned to be necessary to satisfy the requirements 
        of this Act and other applicable law.
    (c) Permit Issuance.--
            (1) Approval.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary concerned shall approve a permit application 
                and issue a mining permit if the Secretary concerned 
                determines that the application is in compliance with--
                            (i) this Act;
                            (ii) any regulations promulgated under this 
                        Act; and
                            (iii) other applicable laws.
                    (B) Conditions.--The Secretary concerned may 
                reasonably condition the approval of such a permit to 
                satisfy the requirements of this Act and applicable 
                regulations.
            (2) Denial.--The Secretary concerned shall deny the 
        issuance of a mining permit if the Secretary concerned 
        determines that the permit does not meet the requirements of--
                    (A) this Act;
                    (B) any regulations promulgated under this Act; or
                    (C) other applicable laws.
            (3) Notice.--Before approving or denying a mining permit 
        under this subsection, the Secretary concerned--
                    (A) shall provide public notice and an opportunity 
                for written comment; and
                    (B) may hold a public hearing.
    (d) Term of Permit; Continuation.--
            (1) In general.--An operations permit shall--
                    (A) be for a term of 30 years; and
                    (B) continue for so long thereafter as locatable 
                minerals are produced in commercial quantities from the 
                permit area in compliance with the requirements of this 
                Act and other applicable law.
            (2) Continuation.--No permit shall expire because 
        operations or production have ceased pursuant to an approved 
        temporary cessation or been suspended pursuant to any order of, 
        or with the consent of, the Secretary concerned.
    (e) Modifications to Permit.--
            (1) Request from permit holder.--
                    (A) In general.--A mining permit holder may submit 
                to the Secretary concerned an application to modify the 
                mining permit.
                    (B) Approval.--
                            (i) In general.--In determining whether to 
                        approve or disapprove a proposed modification 
                        to a mining permit, the Secretary concerned 
                        shall make the same determinations as are 
                        required in the case of an original mining 
                        permit.
                            (ii) Exceptions.--Clause (i) shall not 
                        apply to minor modifications to a mining permit 
                        or instances in which the nature of the 
                        modifications make compliance with the 
                        requirements unnecessary, as determined by the 
                        Secretary concerned.
            (2) Modifications from secretary concerned.--
                    (A) In general.--The Secretary concerned may 
                require reasonable modification to any permit on a 
                determination that the requirements of this Act or 
                other applicable law cannot be met if the permit is 
                followed as approved.
                    (B) Requirements for determination.--A 
                determination under subparagraph (A) shall be--
                            (i) based on a written finding; and
                            (ii) subject to notice and hearing 
                        requirements established by the Secretary 
                        concerned.
    (f) Land Use Fees.--
            (1) In general.--In the case of Federal land included in a 
        mining permit approved under this section after the date of 
        enactment of this Act, or Federal land added pursuant to a 
        modification to a permit or plan of operations if the 
        modification is approved after the date of enactment of this 
        Act, not later than August 31 of each year, the operator shall 
        pay a land use fee in an amount established by the Secretary by 
        regulation that is equal to 4 times the claim maintenance fee 
        imposed section 102(a)(1) for each 20 acres of Federal land 
        that is included within the mine permit area.
            (2) Additional fee.--The land use fee imposed under this 
        subsection shall be in addition to the claim maintenance fees 
        imposed under section 102(a).
            (3) Authorized activities.--Upon approval by the Secretary 
        concerned of a mining permit and upon payment of the land use 
        fee as required by this subsection, the operator may use and 
        occupy all Federal land within the mine permit area for such 
        uses as are approved in the mining permit if the uses are 
        undertaken in accordance with all applicable law.
            (4) Adjustment.--Land use fees imposed under this 
        subsection shall be adjusted as necessary to correspond to any 
        adjustment in the claim maintenance fees imposed under section 
        102(a).
            (5) Disposition of funds.--Any amounts received under this 
        subsection shall be deposited in the Fund.
    (g) Temporary Cessation of Operations.--
            (1) In general.--An operator conducting mineral activities 
        under this title may not temporarily cease mineral activities 
        for a period of greater than 180 days unless--
                    (A) the Secretary concerned has approved the 
                temporary cessation; or
                    (B) the temporary cessation is permitted under the 
                exploration or mining permit.
            (2) Multiple temporary cessations.--The Secretary concerned 
        may approve more than 1 temporary cessation for mineral 
        activities under a permit.
            (3) Interim management plan.--Any operator temporarily 
        ceasing mineral activities shall follow an interim management 
        plan approved by the Secretary concerned.

SEC. 304. FINANCIAL ASSURANCES.

    (a) In General.--Before beginning any mineral activities requiring 
an exploration or mining permit under this Act, an operator shall 
provide to the Secretary concerned evidence of a bond, surety, or other 
financial assurance approved by the Secretary concerned in an amount 
determined, after public notice and comment, by the Secretary concerned 
to be sufficient to ensure the completion of reclamation under section 
306 and the restoration of any land or water adversely affected by the 
mineral activities if the work (including any interim stabilization and 
infrastructure maintenance activities) would be performed by the 
Secretary concerned (or a third party retained by the Secretary 
concerned) in the event of forfeiture.
    (b) Land and Water Covered.--The financial assurance shall cover--
            (1) all land within the initial permit area;
            (2) all affected water that may require restoration, 
        treatment, or other management as a result of mineral 
        activities; and
            (3) all land added and water affected pursuant to any 
        permit modification.
    (c) Review.--Not later than 3 years after the date on which an 
operator provides financial assurance in an amount determined under 
subsection (a) and not later than every 3 years thereafter, the 
Secretary concerned shall--
            (1) review the financial assurance to determine if the 
        amount of the financial assurance is adequate for purposes of 
        this section; and
            (2) if the Secretary concerned determines that the amount 
        of the financial assurance is not adequate, adjust the amount 
        of the financial assurance in accordance with this section.
    (d) Reduction.--
            (1) In general.--The Secretary concerned may reduce the 
        amount of the financial assurance required if the Secretary 
        concerned determines that a portion of the reclamation is 
        completed in accordance with section 306.
            (2) Notice.--Before reducing or releasing the amount of 
        financial assurance pursuant to this subsection, the Secretary 
        concerned shall provide public notice and a reasonable 
        opportunity for public notice and comment in accordance with 
        subsection (g).
    (e) Incremental Financial Assurance.--
            (1) In general.--The Secretary concerned may authorize 
        amounts of financial assurance for incremental mineral 
        activities if--
                    (A) no mineral activities are allowed beyond the 
                activities for which financial assurance is provided;
                    (B) the financial assurance for an increment covers 
                all reclamation costs within the permit area for the 
                increment; and
                    (C) the amount and terms of the financial assurance 
                for each increment are reviewed annually.
            (2) Review.--Notwithstanding subsection (c), the Secretary 
        concerned shall--
                    (A) review at least on an annual basis the amount 
                and terms of the financial assurance for any increment; 
                and
                    (B) adjust the financial assurance as appropriate.
    (f) 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 responsibility of the operator for 
reclamation, long-term maintenance, and effluent treatment as specified 
in subsection (h).
    (g) Release.--Subject to subsections (h) and (i), the Secretary 
concerned may, after public notice and a reasonable opportunity for 
public comment and after inspection, release in whole or in part the 
financial assurance required under this section if the Secretary 
concerned determines that--
            (1) reclamation covered by the financial assurance has been 
        accomplished as required by this Act and other applicable law; 
        and
            (2) the terms and conditions of any other applicable 
        Federal and State requirements have been fulfilled.
    (h) Release of Financial Assurance for Water.--If the Secretary 
concerned does not require the establishment of a trust fund or other 
long-term funding mechanism under subsection (i), the portion of the 
financial assurance attributable to the estimated cost of treatment of 
any discharge or other water-related condition resulting from mineral 
activities shall not be released until the public has been provided 
notice and an opportunity to comment in accordance with subsection (g) 
and--
            (1) the discharge has ceased for a period of at least 5 
        years, as determined through ongoing monitoring and testing; or
            (2) if the discharge continues, the operator has met all 
        applicable effluent limitations and water quality standards for 
        a period of at least 5 years.
    (i) Long-Term Financial Assurances.--
            (1) In general.--Notwithstanding subsections (d) and (g), 
        if any discharge or other water-related condition resulting 
        from mineral activities requires treatment in order to meet the 
        applicable effluent limitations and water quality standards, 
        the financial assurance shall cover the estimated cost of 
        maintaining the treatment for the period that will be needed 
        after the cessation of mineral activities.
            (2) Long-term funding mechanisms.--
                    (A) In general.--The Secretary concerned shall, if 
                determined necessary by the Secretary concerned, 
                require the operator to establish a trust fund or other 
                funding mechanism to provide financial assurances to 
                ensure the continuation of long-term treatment or other 
                management to achieve water quality standards and for 
                other long-term, post-mining maintenance or monitoring 
                requirements.
                    (B) Amount.--The amount of funding shall be 
                adequate to provide for construction, long-term 
                operation, maintenance, or replacement of any treatment 
                facilities and infrastructure, for as long as the 
                treatment and facilities are needed after mine closure.
                    (C) Liability.--Nothing in this paragraph allows 
                any person to transfer any liability arising from 
                mineral activities to any other person.
    (j) Report.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Agriculture and the Administrator of the 
        Environmental Protection Agency, shall conduct a review and 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report regarding the sufficiency of financial 
        assurances for locatable minerals activities (including 
        exploration and mining) on Federal land.
            (2) Topics.--The report shall address--
                    (A) methods for establishing financial assurances 
                levels;
                    (B) the type, level, and adequacy of financial 
                assurances required for exploration activities;
                    (C) for each mine on Federal land--
                            (i) the dates of approval of any plan of 
                        operation or mining permit;
                            (ii) the acreage involved;
                            (iii) the expected life of the mine;
                            (iv) the type, level, and adequacy of 
                        financial assurance; and
                            (v) whether the mine is expected to require 
                        long-term water treatment or maintenance after 
                        mine closure;
                    (D) the effectiveness of various types of financial 
                assurances; and
                    (E) the availability of and costs associated with 
                various types of financial assurances.
            (3) Recommendations.--The report shall include any 
        recommendations for modifications to Federal law or applicable 
        regulations to improve the effectiveness of financial 
        assurances for locatable mineral activities described in 
        paragraph (1).

SEC. 305. TRANSFER, ASSIGNMENT, OR SALE OF RIGHT.

    The Secretary concerned shall approve the transfer, assignment, or 
sale of rights of an exploration or mining permit only if the successor 
in interest agrees in writing to assume the liability and reclamation 
responsibilities (including the financial assurance requirements under 
section 304 (including applicable regulations)) established by the 
permit under this Act, without affecting the liability of the 
transferor under any other law or exploration or mining permit.

SEC. 306. OPERATION AND RECLAMATION.

    (a) In General.--The operator shall restore land and water subject 
to mineral activities carried out under a permit issued under this 
title to a condition capable of supporting--
            (1) the uses that the land and water was capable of 
        supporting before surface disturbance by the operator; or
            (2) other beneficial uses that conform to applicable land 
        use plans (including, if appropriate, the generation of 
        renewable energy), as determined by the Secretary concerned.
    (b) Timing.--
            (1) In general.--Reclamation activities shall be carried 
        out as contemporaneously as practicable with the conduct of 
        mineral activities.
            (2) Temporary cessation.--If mineral activities are ceased 
        for a period other than a temporary cessation as approved by 
        the Secretary concerned, reclamation activities shall begin 
        immediately.
    (c) Administration of 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 (commonly known as the 
``Organic Act of 1897'') (16 U.S.C. 478), or the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (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 concerned--
            (1) shall ensure that mineral activities on any Federal 
        land that is subject to a mining claim, millsite claim, or 
        tunnel site claim are carefully controlled to prevent undue 
        degradation of public land and resources; and
            (2) shall not grant permission to engage in mineral 
        activities if the Secretary concerned, after considering the 
        evidence, makes a determination that undue degradation would 
        result from those activities.
    (d) Operation and Reclamation Standards.--The Secretary and the 
Secretary of Agriculture shall jointly promulgate regulations that 
carry out this Act.
    (e) Relationship to Other Laws.--The requirements of this Act shall 
be in addition to any requirements applicable to mineral activities 
under--
            (1) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.);
            (2) the National Forest Management Act of 1976 (16 U.S.C. 
        472a et seq.); and
            (3) the Act of June 4, 1897 (commonly known as the 
        ``Organic Act of 1897'') (16 U.S.C. 473-482, 551).

SEC. 307. LAND OPEN TO LOCATION.

    Section 202(e) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712(e)) is amended--
            (1) in paragraph (3), by striking ``removed from or 
        restored to the operation of the Mining Law of 1872, as amended 
        (R.S. 2318-2352; 30 U.S.C. 21 et seq.) or''; and
            (2) by adding at the end the following:
            ``(4) Review of land.--
                    ``(A) Definition of national conservation system 
                unit.--In this paragraph, the term `National 
                Conservation System unit' means--
                            ``(i) any unit of--
                                    ``(I) the National Park System;
                                    ``(II) the National Wildlife Refuge 
                                System; or
                                    ``(III) the National Wild and 
                                Scenic Rivers System;
                            ``(ii) a National Monument; or
                            ``(iii) a National Conservation Area.
                    ``(B) Review.--Not later than 3 years after the 
                date of enactment of this paragraph, each Secretary 
                concerned, acting through the local Federal land 
                manager, shall, consistent with the respective 
                jurisdiction of each Secretary concerned, undertake and 
                complete a review of--
                            ``(i) public land designated as a 
                        wilderness study area or National Forest System 
                        land identified as suitable for wilderness 
                        designation;
                            ``(ii) areas of critical environmental 
                        concern;
                            ``(iii) Federal land in which mineral 
                        activities pose a reasonable likelihood of 
                        substantial adverse impacts on National 
                        Conservation system units;
                            ``(iv)(I) 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.);
                            ``(II) areas designated for potential 
                        addition to the System pursuant to section 5(a) 
                        of that Act (16 U.S.C. 1276(a)); and
                            ``(III) areas determined to be eligible for 
                        inclusion in the System pursuant to section 
                        5(d) of that Act (16 U.S.C. 1276(d)); and
                            ``(v)(I) inventoried roadless areas (as 
                        defined in section 294.11 of title 36, Code of 
                        Federal Regulations (or successor 
                        regulations));
                            ``(II) Idaho Roadless Areas (as defined in 
                        section 294.21 of title 36, Code of Federal 
                        Regulations (or successor regulations)); and
                            ``(III) Colorado Roadless Areas (as defined 
                        in section 294.41 of title 36, Code of Federal 
                        Regulations (or successor regulations)).
            ``(5) Withdrawals of land.--
                    ``(A) In general.--Subsequent to review in 
                accordance with paragraph (4)(B), in addition to 
                withdrawals made pursuant to section 204 and subject to 
                valid existing rights, tracts of Federal land may, 
                pursuant to this paragraph, be removed from operation 
                of sections 2318 through 2352 of the Revised Statutes 
                (commonly known and referred to in this subsection as 
                the `Mining Law of 1872') (30 U.S.C. 21 et seq.) if the 
                Secretary, based on the analysis of the local Federal 
                land manager, and in the case of National Forest System 
                land, on the recommendation of the Secretary of 
                Agriculture based on the analysis of the local Federal 
                land manager, determines that the action is appropriate 
                after application of the criteria established under 
                subsection (c).
                    ``(B) Revision of land use plans.--The Secretary 
                concerned, acting through the local Federal land 
                manager, shall revise or amend the applicable land use 
                plan, as appropriate, to provide for removal of land, 
                subject to valid existing rights, from operation of the 
                Mining Law of 1872 on a determination by the Secretary 
                under subparagraph (A) that the land should be removed 
                from operation of that Act.
                    ``(C) Segregation from general mining laws pending 
                completion.--On a determination by the Secretary that 
                the land should be removed from operation of the Mining 
                Law of 1872, the land shall be immediately segregated 
                from operation of the Mining Law of 1872 until the plan 
                amendment or revision is completed.
                    ``(D) Completion deadline.--Any amendment or 
                revision of a land use plan shall be completed not 
                later than 1 year after the date of the determination 
                of the Secretary under subparagraph (A).
            ``(6) Petition for review.--The Governor of a State, the 
        head of an Indian tribe, or an appropriate local government 
        official may petition--
                    ``(A) the Secretary concerned to direct the local 
                Federal land manager to undertake a review under 
                paragraph (4); and
                    ``(B) the Secretary to determine whether land 
                within the State should be removed from operation of 
                the Mining Law of 1872, subject to valid existing 
                rights, pursuant to paragraph (5).''.

SEC. 308. STATE LAW.

    Any reclamation, environmental, public health protection, bonding, 
or inspection standard or requirement in State law (including 
regulations) that meets or exceeds the requirements of this Act shall 
not be considered to be inconsistent with this Act.

SEC. 309. INSPECTION AND MONITORING.

    (a) Inspections.--
            (1) In general.--The Secretary concerned shall make 
        inspections of mineral activities to ensure compliance with 
        this Act.
            (2) Timing.--The Secretary concerned shall establish the 
        frequency of inspections for mineral activities conducted under 
        a permit issued under this Act, with the Secretary concerned 
        requiring not less than 1 complete inspection per calendar 
        quarter.
            (3) Annual inspections.--After revegetation has been 
        established in accordance with a reclamation plan, the 
        Secretary concerned shall conduct not less than 2 complete 
        inspections per year.
            (4) Seasonal activities.--The Secretary concerned shall 
        have the discretion to modify the inspection frequency for 
        mineral activities that are conducted on a seasonal basis, 
        except that the Secretary concerned shall require not less than 
        2 complete inspections per calendar year.
            (5) Financial assurance.--Inspections shall continue under 
        this subsection until the final release of financial assurance.
    (b) Monitoring.--The Secretary concerned shall require all 
operators--
            (1) to develop and maintain a monitoring and evaluation 
        system to identify compliance with all requirements of a permit 
        approved under this Act; and
            (2) to submit such reports as may be required by the 
        Secretary concerned.

SEC. 310. TRIBAL CONSULTATION.

    (a) In General.--Consistent with Executive Order 13175 (25 U.S.C. 
5301 note; relating to consultation and coordination with Indian Tribal 
governments) and all other applicable Federal law, the Secretary 
concerned shall conduct active, meaningful, and timely consultation 
with all applicable Indian tribes prior to undertaking or issuing a 
permit for any mineral activity that may affect--
            (1) Indian land; or
            (2) land that is not Indian land but is--
                    (A) within the exterior boundaries of Indian 
                country (as defined in section 1151 of title 18, United 
                States Code); or
                    (B) land to which an Indian tribe attaches 
                religious or cultural significance.
    (b) Timing.--
            (1) In general.--Except as provided in paragraph (2), each 
        consultation required for a mineral activity under subsection 
        (a) shall be completed before--
                    (A) any Federal funds are expended for the mineral 
                activity; and
                    (B) the issuance of any permit for the mineral 
                activity.
            (2) Exception.--Paragraph (1) shall not apply to 
        nondestructive project planning for a mineral activity.
    (c) Requirements.--The Secretary concerned shall ensure that 
consultation with an Indian tribe under this section--
            (1) provides the Indian tribe a reasonable opportunity--
                    (A) to identify any concerns of the Indian tribe;
                    (B) to advise on the identification and evaluation 
                of other areas that potentially would be impacted by 
                the mineral activities, including areas of traditional 
                religious or cultural importance;
                    (C) to articulate the views of the Indian tribe 
                regarding the direct and indirect effects of the 
                mineral activities on the areas identified and 
                evaluated under subparagraph (B); and
                    (D) to participate in the resolution of any 
                potential adverse effects of the mineral activities;
            (2) includes consultation with the representatives 
        designated or identified by the Indian tribe;
            (3) recognizes that the relationship between the Federal 
        Government and Indian tribes--
                    (A) is a government-to-government relationship; and
                    (B) is a unique legal relationship, as provided 
                under the Constitution of the United States, treaties, 
                laws, and court decisions; and
            (4) is conducted in a manner--
                    (A) sensitive to the concerns and needs of the 
                Indian tribe; and
                    (B) respectful of Tribal sovereignty.
    (d) Effect.--Nothing in this section--
            (1) alters, amends, repeals, interprets, or modifies Tribal 
        sovereignty or the treaty or other rights of any Indian tribe; 
        or
            (2) preempts, modifies, or limits the exercise of Tribal 
        sovereignty or the treaty or other rights of any Indian tribe.

              TITLE IV--HARDROCK MINERALS RECLAMATION FUND

SEC. 401. ESTABLISHMENT OF FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a separate account, to be known as the ``Hardrock 
Minerals Reclamation Fund'', consisting of--
            (1) any amounts received by the United States under section 
        101;
            (2) any amounts collected under section 102 (subject to the 
        requirements of section 102(c)(1));
            (3) any amounts donated to the Fund by persons, 
        corporations, associations, and foundations;
            (4) any amounts collected under section 201;
            (5) any amounts collected under section 303(e);
            (6) any amounts collected under section 403;
            (7) any amounts collected under sections 203 and 502; and
            (8) any income on investments under subsection (b).
    (b) Investment.--
            (1) In general.--The Secretary shall notify the Secretary 
        of the Treasury of any portion of the Fund that the Secretary 
        determines is not required to meet current withdrawals.
            (2) Eligible investments.--The Secretary of the Treasury 
        shall invest portions of the Fund identified under paragraph 
        (1) in public debt securities with maturities suitable for the 
        needs of the Fund.
            (3) Interest.--Investments in public debt securities shall 
        bear 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 maturity.
    (c) Administration.--The Fund shall be administered by the 
Secretary, acting through the Director of the Office of Surface Mining 
Reclamation and Enforcement.
    (d) Expenditures.--Subject to section 402, amounts in the Fund may, 
without fiscal year limitation and without further appropriation--
            (1) be expended by the Secretary for the purposes described 
        in section 402;
            (2) be transferred by the Secretary to the Director of the 
        Bureau of Land Management, the Chief of the Forest Service, the 
        Director of the National Park Service, the Director of the 
        United States Fish and Wildlife Service, or the head of any 
        other Federal agency, that develops, implements, and has the 
        ability to carry out all or a significant portion of a 
        reclamation program under this title; or
            (3) be transferred by the Secretary to an Indian tribe or a 
        State with an approved reclamation program, as provided in 
        subsection (e).
    (e) State and Tribal Reclamation Programs.--
            (1) In general.--Each State having within the borders of 
        the State, or Indian tribe having within the borders of the 
        reservation of the Indian tribe, mined land that is eligible 
        for reclamation under this title may submit to the Secretary a 
        reclamation program for the land.
            (2) Approval.--If the Secretary determines that a State or 
        Indian tribe has developed and submitted a program for 
        reclamation of abandoned mines consistent with the priorities 
        established under section 402(c) and has the ability and 
        necessary State or tribal legislation to implement this title, 
        the Secretary shall--
                    (A) approve the program; and
                    (B) grant to the State or Indian tribe the 
                exclusive responsibility and authority to implement the 
                approved program.
            (3) Withdrawal of approval.--The Secretary shall withdraw 
        the approval and authorization if the Secretary determines that 
        the State or tribal program is not in compliance with 
        procedures, guidelines, and requirements established by the 
        Secretary.
            (4) Approval of existing programs.--Subject to paragraph 
        (3), any State program in an abandoned hardrock mine State or 
        tribal program for reclamation of abandoned mines approved 
        under title IV of the Surface Mining Control and Reclamation 
        Act of 1977 (30 U.S.C. 1231 et seq.) before the date of 
        enactment of this Act and in good standing with the Secretary 
        as of that date shall be considered approved under this title.

SEC. 402. USE AND OBJECTIVES OF THE FUND.

    (a) Use.--
            (1) In general.--The Secretary may, without fiscal year 
        limitation and without further appropriation, use amounts in 
        the Fund for the reclamation and restoration of land and water 
        resources adversely affected by past hardrock minerals and 
        mining and related activities in abandoned hardrock mine States 
        and on Indian land located within the exterior boundaries of 
        abandoned hardrock mine States, including the conduct of 
        activities--
                    (A) to protect public health and safety;
                    (B) to prevent, abate, treat, and control water 
                pollution created by abandoned mine drainage, including 
                activities conducted in watersheds;
                    (C) to reclaim and restore abandoned surface and 
                underground mined areas;
                    (D) to reclaim and restore abandoned milling and 
                processing areas;
                    (E) to backfill, seal, or otherwise control 
                abandoned underground mine entries;
                    (F) to revegetate land adversely affected by past 
                mining activities--
                            (i) to prevent erosion and sedimentation; 
                        and
                            (ii) for any other reclamation purpose;
                    (G) to control surface subsidence due to abandoned 
                underground mines; and
                    (H) to enhance fish and wildlife habitat.
            (2) Determination.--Before expending amounts in the Fund 
        for the purposes described in paragraph (1), the Secretary 
        shall make a determination that there is no continuing 
        reclamation responsibility of the claim holder, operator, or 
        other person who abandoned the site before completion of the 
        required reclamation under Federal or State law.
    (b) Allocation.--Of the amounts deposited in the Fund each fiscal 
year--
            (1) 20 percent shall be allocated by the Secretary for 
        expenditure by the Secretary or, if a State or Indian tribe has 
        an approved program pursuant to section 401(e), by the State or 
        Indian tribe, in the States in which, or on Indian land on 
        which, hardrock minerals are produced, based on a formula 
        reflecting existing production in the State or on the land of 
        the Indian tribe;
            (2) 30 percent shall be allocated by the Secretary for 
        expenditure by the Secretary or, if a State or Indian tribe has 
        an approved program pursuant to section 401(e), by the State or 
        Indian tribe, in the States and on Indian land using a formula 
        based on the quantity of hardrock minerals historically 
        produced in the State or from the Indian land before the date 
        of enactment of this Act;
            (3) 25 percent shall be allocated by the Secretary for 
        expenditure on Federal land;
            (4) 10 percent shall be available to the Secretary for 
        grants under subsection (e);
            (5) 10 percent shall be available to the Secretary for 
        grants under subsection (f); and
            (6) 5 percent shall be available for administrative 
        expenses of the United States, Indian tribes, and the States to 
        accomplish the purposes of this title.
    (c) Priorities.--
            (1) In general.--Subject to paragraph (2), expenditures 
        from the Fund shall be based on the following priorities:
                    (A) The conduct of activities to protect public 
                health and safety from the adverse effects of past 
                hardrock mineral mining activities, including 
                activities addressing surface water and groundwater 
                contaminants.
                    (B) The conduct of activities to restore land, 
                water, and fish and wildlife resources degraded by the 
                adverse effects of past hardrock mineral mining 
                activities, including restoration activities in 
                watershed areas.
            (2) Multiple priorities.--In complying with the priorities 
        established under this subsection, funds may be expended for 
        reclamation activities under paragraph (1)(B) before the 
        completion of all reclamation projects under paragraph (1)(A) 
        if the expenditure of the funds for reclamation activities 
        under paragraph (1)(B) is made in conjunction with reclamation 
        activities under paragraph (1)(A).
            (3) Minimum expenditure.--Notwithstanding paragraphs (1) 
        and (2), not less than 25 percent of the expenditures by the 
        Secretary on Federal lands for any year shall be for the 
        purposes described in paragraph (1)(B).
    (d) Eligible Land and Water.--
            (1) In general.--Amounts may be expended for reclamation 
        activities under this section only with respect to land or 
        water resources if the land or water resources have been--
                    (A) affected by hardrock mineral mining activities; 
                and
                    (B) abandoned or left in an inadequate reclamation 
                status.
            (2) Specific sites and areas not eligible.--Section 411(d) 
        of the Surface Mining Control and Reclamation Act of 1977 (30 
        U.S.C. 1240a(d)) shall apply to expenditures from the Fund.
            (3) Inventory.--
                    (A) In general.--The Secretary shall--
                            (i) prepare and maintain a publicly 
                        available inventory of abandoned hardrock 
                        minerals mines on Federal land, State land, 
                        other publicly owned land, private land, and 
                        any abandoned mine on Indian land that may be 
                        eligible for expenditures under this section; 
                        and
                            (ii) submit to Congress an annual report 
                        that describes the progress in reclaiming the 
                        sites listed on the inventory.
                    (B) Maximum expenditure.--The Secretary shall 
                expend not more than $5,000,000 to carry out the 
                inventory required by this paragraph.
    (e) Grants to Certain States and Indian Tribes.--
            (1) In general.--The Secretary shall use amounts made 
        available under subsection (b)(4) to make grants to States 
        (other than abandoned hardrock mine States) and Indian tribes 
        to carry out reclamation and restoration of land and water 
        resources adversely affected by past hardrock minerals and 
        mining activities, including the conduct of activities 
        described in subsection (a)(1).
            (2) Determination.--Before awarding a grant under this 
        subsection, the Secretary shall make a determination that there 
        is no continuing reclamation responsibility of any person who 
        abandoned the site before completion of required reclamation 
        under Federal or State law.
            (3) Criteria.--The Secretary shall establish by regulation 
        the procedures and criteria for awarding grants under this 
        subsection, which shall include--
                    (A) consistency with the priorities established 
                under subsection (c)(1); and
                    (B) priority for those projects for which Federal 
                funding is not available under other laws or programs.
    (f) Grants to Public Entities and Nonprofit Organizations.--The 
Secretary shall use amounts made available under subsection (b)(5) to 
make grants to public entities (including State fish and game agencies 
and local governments) and nonprofit organizations (based on criteria 
established by the Secretary by regulation) to carry out activities 
that support collaborative restoration projects to improve fish and 
wildlife habitat affected by past hardrock minerals and mining 
activities, including activities that--
            (1) improve water quality and quantity;
            (2) restore watersheds in which historic mining dewatered 
        or otherwise fragmented stream habitats;
            (3) restore instream habitat conditions necessary to 
        support aquatic species;
            (4) restore vegetative cover and streamside areas to 
        control erosion and improve conditions for fish and wildlife;
            (5) control and remove noxious weeds and invasive species 
        associated with historic mining disturbances that affect fish 
        and wildlife;
            (6) restore fish and wildlife habitat in cases in which 
        previous hardrock minerals and mining activity limits fish and 
        wildlife productivity;
            (7) protect and restore fish and wildlife habitat in areas 
        affected by historic minerals and mining activity; and
            (8) mitigate impacts to watersheds affected by past 
        hardrock minerals and mining activities.
    (g) Response or Removal Actions.--
            (1) In general.--Reclamation and restoration activities 
        conducted under this section 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 only with the concurrence 
        of the Administrator of the Environmental Protection Agency.
            (2) Memorandum of understanding.--The Secretary and the 
        Administrator of the Environmental Protection Agency shall 
        enter into a memorandum of understanding to establish 
        procedures for consultation, concurrence, training, the 
        exchange of technical expertise, and the conduct of joint 
        activities, as appropriate, that provide assurances that 
        reclamation or restoration activities under this section shall 
        not be conducted in a manner that--
                    (A) 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.); or
                    (B) to the maximum extent practicable, avoids 
                oversight by multiple agencies.

SEC. 403. ABANDONED MINE LAND RECLAMATION FEE.

    (a) Imposition of Fee.--Each operator of a hardrock minerals mining 
operation shall pay to the Secretary, for deposit in the Fund, a 
reclamation fee in an amount established by the Secretary by regulation 
of not less than 1 percent, and not more than 3 percent, of the value 
of the production from the hardrock minerals mining operation for each 
calendar year.
    (b) Value of Production.--For purposes of this section, the 
Secretary shall determine the value of production in the same manner as 
provided under section 201(a).
    (c) Payment Deadline.--The reclamation fee shall be paid not later 
than 60 days after the end of each calendar year beginning with the 
first calendar year occurring after the date of enactment of this Act.
    (d) Deposit of Revenues.--Amounts received by the Secretary under 
subsection (a) shall be deposited into the Fund.
    (e) Effect.--Nothing in this section requires a reduction in, or 
otherwise affects, any similar fee required under any law (including 
regulations) of any State.

TITLE V--TRANSITION RULES, ADMINISTRATIVE PROVISIONS, AND MISCELLANEOUS 
                               PROVISIONS

SEC. 501. TRANSITION RULES.

    (a) Applicability.--
            (1) In general.--Except as provided in paragraph (2), 
        section 201(b), and section 303(f), the requirements of this 
        Act apply to any mining claim, millsite, or tunnel site located 
        under the general mining laws, before, on, or after the date of 
        enactment of this Act.
            (2) Preexisting claim.--If a plan of operations is approved 
        or a notice of operations is filed for mineral activities on 
        any claim or site referred to in paragraph (1) before the date 
        of enactment of this Act--
                    (A) during the 10-year period beginning on the date 
                of enactment of this Act--
                            (i) mineral activities at the claim or site 
                        shall be subject to the plan of operations or 
                        notice of operations; and
                            (ii) if the Secretary concerned determines 
                        that any modifications to the plan of 
                        operations are minor, modification may be made 
                        in accordance with the laws applicable before 
                        the date of enactment of this Act; and
                    (B) the operator shall bring the mineral activities 
                into compliance with this Act (including implementing 
                regulations) by the end of the 10-year period beginning 
                on the date of enactment of this Act.
            (3) Fees.--Except as provided in sections 201(b) and 
        303(f), all fees required to be paid under this Act shall apply 
        beginning on the date of enactment of this Act to--
                    (A) any mining claim, millsite, or tunnel site 
                located under the general mining laws (including 
                production from the claim or site) before, on, or after 
                the date of enactment of this Act;
                    (B) all land covered by a plan of operations or a 
                notice of operations, exploration permit, or mining 
                permit; and
                    (C) with respect to the fee established by section 
                403, any production on or after the date of enactment 
                of this Act from any hardrock minerals mining 
                operation.
    (b) Application of Act to Beneficiation and Processing of Non-
Federal Minerals on Federal Land.--
            (1) In general.--This Act (including the surface management 
        and operation requirements of title III) shall apply in the 
        same manner and to the same extent to mining claims, millsites, 
        and tunnel sites used for beneficiation or processing 
        activities for any mineral without regard to whether the legal 
        and beneficial title to the mineral is held by the United 
        States.
            (2) Applicability.--This subsection applies only to 
        minerals that--
                    (A) are locatable minerals; or
                    (B) would be locatable minerals if the legal and 
                beneficial title to the minerals were held by the 
                United States.

SEC. 502. ENFORCEMENT.

    (a) Orders.--
            (1) Notice of violation.--
                    (A) In general.--If the Secretary concerned 
                determines that any person is in violation of any 
                surface management or operation requirement under title 
                III or any regulation promulgated to carry out such a 
                requirement or any permit condition required pursuant 
                to title III, the Secretary concerned shall provide to 
                the person a notice that describes the violation and 
                any necessary corrective actions.
                    (B) Abatement period.--
                            (i) In general.--Subject to clause (ii), a 
                        person that receives notice under subparagraph 
                        (A) shall have not more than 90 days after the 
                        date of receipt of the notice to abate the 
                        violation.
                            (ii) Extension.--The Secretary concerned 
                        may extend the period described in clause (i) 
                        if the person shows good cause for the 
                        extension, as determined by the Secretary 
                        concerned.
            (2) Cessation order.--
                    (A) In general.--The Secretary concerned shall 
                immediately order a cessation of mineral activities if 
                the Secretary concerned determines that any condition 
                or practice exists, or any person is in violation of 
                any requirement of a permit approved, or notice of 
                operations submitted, under this Act, that is causing, 
                or can reasonably be expected to cause--
                            (i) an imminent danger to the health or 
                        safety of the public; or
                            (ii) significant, imminent harm to land, 
                        air, water, or fish or wildlife resources.
                    (B) Requirements.--
                            (i) In general.--A cessation order issued 
                        under subparagraph (A) shall remain in effect 
                        until the Secretary concerned--
                                    (I) determines that the condition, 
                                practice, or violation has been abated; 
                                or
                                    (II) modifies, vacates, or 
                                terminates the cessation order.
                            (ii) Abatement.--In any cessation order 
                        issued under subparagraph (A), the Secretary 
                        concerned shall--
                                    (I) identify the steps necessary to 
                                abate the violation in the most 
                                expeditious manner practicable; and
                                    (II) require appropriate financial 
                                assurances to ensure that the abatement 
                                obligations are met.
                    (C) Enforcement.--
                            (i) In general.--If the required abatement 
                        has not been completed by the date that is 30 
                        days after the date on which an order is issued 
                        under subparagraph (A), the Secretary concerned 
                        shall bring against the person failing to 
                        complete the abatement an enforcement action 
                        that is most likely to bring about abatement in 
                        the most expeditious manner practicable, 
                        including seeking appropriate injunctive relief 
                        to bring about abatement.
                            (ii) Effect.--Nothing in this subparagraph 
                        precludes the Secretary concerned from taking 
                        alternative enforcement action before the date 
                        described in clause (i).
            (3) Modifications.--The Secretary concerned may modify, 
        vacate, or terminate any notice or order issued under paragraph 
        (1) or (2).
            (4) Forfeiture.--
                    (A) In general.--If a person fails to abate a 
                violation or defaults on the terms of the permit, the 
                Secretary concerned shall forfeit the financial 
                assurance for the permit as necessary to ensure 
                abatement and reclamation under this Act.
                    (B) Alternatives.--The Secretary concerned may 
                prescribe conditions under which a surety may perform 
                reclamation in accordance with the approved permit and 
                applicable law instead of forfeiture.
                    (C) Liability.--In the event of forfeiture, the 
                claim holder or operator, or a subsidiary, parent 
                company, corporation, or partner of the claim holder, 
                or operator shall be jointly and severally liable for 
                any remaining reclamation obligations under this Act.
    (b) Civil Penalties.--
            (1) In general.--Subject to paragraph (2), any person that 
        violates any surface management or operation requirement under 
        title III, any regulation promulgated to carry out such a 
        requirement, or any permit condition required pursuant to title 
        III may be assessed a civil penalty by the Secretary concerned.
            (2) Cessation order.--If the violation leads to the 
        issuance of a cessation order under subsection (a)(2), the 
        Secretary concerned shall assess the civil penalty.
            (3) Maximum amount.--The penalty shall not exceed $5,000 
        for each violation.
            (4) Continuing violations.--Each day of continuing 
        violation may be considered a separate violation for purposes 
        of penalty assessments.
            (5) Factors affecting amount.--In determining the amount of 
        the penalty for a violation by a person, the Secretary 
        concerned shall consider--
                    (A) the history of the person of previous 
                violations;
                    (B) the seriousness of the violation, including any 
                irreparable harm to the environment and any hazard to 
                the health or safety of the public;
                    (C) whether the person was negligent; and
                    (D) the demonstrated good faith of the person 
                charged in attempting to achieve rapid compliance after 
                notification of the violation.
            (6) Corporate liability.--If a corporate permittee is in 
        violation of a requirement of any surface management or 
        operations requirement under title III of this Act, any 
        regulation promulgated to carry out such a requirement, or any 
        permit condition required pursuant to title III, or fails or 
        refuses to comply with a notice or an order issued under 
        subsection (a), any director, officer, or agent of the 
        corporation who willfully and knowingly authorized, ordered, or 
        carried out the violation, failure, or refusal shall be subject 
        to civil penalties, fines, and imprisonment that may be imposed 
        under a person under this subsection, subsection (d) or (e).
    (c) Administrative Review.--
            (1) Compliance order.--Any person issued a notice of 
        violation or a cessation order under subsection (a) may apply 
        to the Secretary concerned for review of the notice or order by 
        the date that is not later than 30 days after receipt of the 
        notice or order.
            (2) Civil penalty.--Any person who is subject to a civil 
        penalty assessed by the Secretary concerned under this section 
        may apply to the Secretary concerned for review of the penalty 
        by the date that is not later than 30 days after the date on 
        which the person receives notice of the penalty.
            (3) Hearing.--The Secretary concerned shall provide an 
        opportunity for a hearing on the record subject to section 554 
        of title 5, United States Code, at the request of any person 
        that is--
                    (A) issued a notice of violation under subsection 
                (a)(1);
                    (B) issued a cessation order under subsection 
                (a)(2); or
                    (C) subject to civil penalties under subsection 
                (b).
    (d) Civil Action.--
            (1) In general.--The Secretary concerned may submit to the 
        Attorney General a request to bring a civil action for relief, 
        including a permanent or temporary injunction or restraining 
        order and the imposition of civil penalties, in any appropriate 
        district court of the United States, if a person--
                    (A) violates, fails, or refuses to comply with any 
                notice or order issued by the Secretary concerned under 
                subsection (a); or
                    (B) interferes with, hinders, or delays the 
                Secretary concerned in carrying out an inspection under 
                section 309.
            (2) Relief.--
                    (A) In general.--The court hearing a civil action 
                brought under paragraph (1) shall have the jurisdiction 
                to provide any relief that the court determines to be 
                appropriate.
                    (B) Review.--Any relief granted by the court to 
                enforce an order under paragraph (1) shall continue in 
                effect until the date on which all proceedings for 
                review of the order are completed or terminated unless 
                the court granting the relief sets the relief aside.
    (e) Criminal Penalties.--
            (1) False statements; tampering.--
                    (A) In general.--A person shall, on conviction, be 
                punished by a fine of not more than $25,000, 
                imprisonment for not more than 1 year, or fine and 
                imprisonment if the person willfully and knowingly--
                            (i) makes any false material statement, 
                        representation, or certification in, omits or 
                        conceals material information from, or 
                        unlawfully alters, any mining claim, notice of 
                        location, application, record, report, plan, or 
                        other document filed or required to be 
                        maintained under this Act; or
                            (ii) falsifies, tampers with, renders 
                        inaccurate, or fails to install any monitoring 
                        device or method required to be maintained 
                        under this Act.
                    (B) Second violation.--If a conviction of a person 
                under subparagraph (A) is for a violation committed 
                after a first conviction of the person under that 
                subparagraph, punishment shall be by a fine of not more 
                than $50,000, imprisonment of not more than 2 years, or 
                fine and imprisonment.
            (2) Knowing violations.--
                    (A) In general.--A person shall, on conviction, be 
                punished by a fine of not more than $25,000, 
                imprisonment for not more than 1 year, or both if the 
                person willfully and knowingly--
                            (i) engages in mineral activities without a 
                        permit if required under section 302 or 303; or
                            (ii) violates any surface management or 
                        operation requirement under title III 
                        (including any regulation promulgated to carry 
                        out the requirement) or any requirement, 
                        condition, or limitation of a permit issued 
                        under this Act.
                    (B) Second violation.--If a conviction of a person 
                under subparagraph (A) is for a violation committed 
                after the first conviction of the person under that 
                subparagraph, punishment shall be a fine of not more 
                than $50,000, imprisonment of not more than 2 years, or 
                both.
    (f) Delegation.--Notwithstanding any other provision of law, the 
Secretary may use personnel of the Office of Surface Mining Reclamation 
and Enforcement or the Bureau of Land Management to ensure compliance 
with this Act.

SEC. 503. JUDICIAL REVIEW.

    (a) Rulemaking.--
            (1) In general.--The following shall be subject to judicial 
        review only in the United States Court of Appeals for the 
        District of Columbia:
                    (A) Any final action by the Secretary concerned in 
                promulgating regulations to carry out this Act.
                    (B) Any other final actions considered to be a 
                rulemaking to carry out this Act.
            (2) Deadline.--A petition for review of any action subject 
        to judicial review under paragraph (1) shall be filed not later 
        than 60 days after the date of the action unless the petition 
        is based solely on grounds arising after the 60-day period.
    (b) Final Agency Action.--Except as provided in subsection (a), 
final agency action under this Act shall be subject to judicial review 
in the district courts of the United States in accordance with section 
1391 of title 28, United States Code.

SEC. 504. UNCOMMON VARIETIES.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended--
            (1) by striking ``Sec. 3. No deposit'' and inserting the 
        following:

``SEC. 3. COMMON VARIETIES OF MINERAL MATERIALS.

    ``(a) In General.--No deposit'';
            (2) in the first sentence--
                    (A) by inserting ``mineral materials, including'' 
                after ``varieties of''; and
                    (B) by striking ``or cinders'' and inserting 
                ``cinders, and clay'';
            (3) by striking ```Common varieties' as used in this Act 
        does not'' and inserting the following:
    ``(c) Definitions.--In this Act:
            ``(1) Common varieties.--The term `common varieties' does 
        not'';
            (4) by striking ```Petrified wood' as used in this Act 
        means'' and inserting the following:
            ``(2) Petrified wood.--The term `petrified wood' means''; 
        and
            (5) by inserting after subsection (a) the following:
    ``(b) Disposal of Mineral Materials.--
            ``(1) Definition of valid existing rights.--In this 
        subsection, the term `valid existing rights' means rights to a 
        mining claim located for any mineral material that--
                    ``(A) had and still has some property giving 
                mineral material the distinct and special value 
                referred to in this section or, as the case may be, met 
                the definition of block pumice referred to in 
                subsection (c)(1);
                    ``(B) was properly located and maintained under the 
                general mining laws prior to the date of enactment of 
                this subsection;
                    ``(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 this subsection; and
                    ``(D) continues to be valid under this Act.
            ``(2) Disposal.--Subject to valid existing rights, 
        effective beginning on the date of enactment of this 
        subsection, notwithstanding the references to the term common 
        varieties in this section and to the exception to the term 
        relating to a deposit of materials with some property giving it 
        distinct and special value, all deposits of mineral materials 
        referred to in this section (including the block pumice 
        referred to in subsection (c)(1)) shall be subject to disposal 
        only under the terms and conditions of the Act of July 31, 1947 
        (commonly known as the `Materials Act of 1947') (30 U.S.C. 601 
        et seq.).''.
    (b) Conforming Amendment.--The first section of the Act of July 31, 
1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601), 
is amended in the first sentence by striking ``common varieties of''.

SEC. 505. REVIEW OF URANIUM DEVELOPMENT ON FEDERAL LAND.

    (a) Definition of Federal Land.--In this section, the term 
``Federal land'' means land administered by the Secretary or the 
Secretary of Agriculture.
    (b) Review.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Agriculture, shall enter into an arrangement under 
        which the National Academy of Sciences shall conduct a study of 
        uranium development on Federal land.
            (2) Matters to be addressed.--The study shall describe and 
        analyze--
                    (A) the laws applicable to the development of 
                uranium on Federal land and the agencies responsible 
                for administering and enforcing those laws;
                    (B) the requirements relating to the development of 
                uranium under sections 2318 through 2352 of the Revised 
                Statutes (commonly known and referred to in this 
                section as the ``Mining Law of 1872'') (30 U.S.C. 21 et 
                seq.);
                    (C) the requirements relating to the development of 
                uranium under the Atomic Energy Act of 1954 (42 U.S.C. 
                2011 et seq.);
                    (D) the uranium leasing program administered by the 
                Department of Energy under that Act;
                    (E) the requirements relating to the approval of 
                uranium in-situ leasing recovery and the licensing 
                process required by the Nuclear Regulatory Commission;
                    (F) the efficacy of bonds or other forms of 
                financial surety in ensuring the reclamation of Federal 
                land and associated waters impacted by the development 
                of uranium; and
                    (G) the efficacy of Federal law in protecting 
                public health and safety and the environment from 
                impacts due to the development of uranium on Federal 
                land.
    (c) Recommendations.--The study shall--
            (1) analyze the effectiveness of current Federal 
        requirements applicable to the exploration, development, and 
        production of uranium on Federal land in allowing for the 
        production of uranium while ensuring protection of public 
        health and safety and the environment; and
            (2) make recommendations as to changes, if any, to Federal 
        law (including regulations) and agency procedures relating to 
        the development of uranium resources on Federal land to allow 
        for the production of uranium while ensuring protection of 
        public health and safety and the environment, including 
        specific recommendations on whether--
                    (A) future development of uranium on Federal land 
                should be--
                            (i) removed from operation of the Mining 
                        Law of 1872; and
                            (ii) subject to leasing;
                    (B) additional requirements (including additional 
                financial assurances or fees) should be applicable to 
                ensure reclamation of uranium mine sites, including 
                abandoned uranium mine sites; and
                    (C) whether additional land should be withdrawn 
                from location and entry of uranium mining claims by the 
                Secretary.
    (d) Completion of Study.--The National Academy of Sciences shall--
            (1) not later than 18 months after the date of enactment of 
        this Act, submit the findings and recommendations of the study 
        to the Secretary and the Secretary of Agriculture; and
            (2) on completion of the study, make the results of the 
        study available to the public.
    (e) Report.--Not later than 180 days after receiving the results of 
the study, the Secretary, in consultation with the Secretary of 
Agriculture, shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Natural Resources of the 
House of Representatives a report on--
            (1) the findings and recommendations of the study;
            (2) the agreement or disagreement of the Secretaries with 
        each of the findings and recommendations of the study; and
            (3)(A) a plan and timeframe for implementing those 
        recommendations of the study that do not require legislation; 
        or
            (B) if the Secretary declines to implement a 
        recommendation, the justification for declining to implement 
        the recommendation.

SEC. 506. EFFECT.

    (a) Special Application of General Mining Laws.--
            (1) In general.--Nothing in this Act repeals or modifies 
        any Federal law (including regulations), order, or land use 
        plan in effect before 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 before the date of enactment of this Act, and laws that 
        provide protections of natural and cultural resources and the 
        environment that are equal to or greater than the protections 
        required under this Act.
            (2) Existing laws.--Any law described in paragraph (1) 
        shall remain in force and effect with respect to claims and 
        sites located or proposed to be located under this Act.
            (3) Mineral investigations.--Nothing in this Act applies to 
        or limits mineral investigations, studies, or other mineral 
        activities conducted by any Federal or State agency acting in a 
        governmental capacity under other authorities.
    (b) Environmental Laws.--Nothing in this Act affects or limits any 
assessment, investigation, evaluation, or listing under--
            (1) the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
            (2) the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.).
    (c) Effect on General Mining Laws.--
            (1) In general.--This Act supersedes the general mining 
        laws, except for the provisions of the general mining laws 
        relating to the location of mining claims that are not 
        expressly modified by this Act.
            (2) Limitation.--Nothing in this Act supersedes, modifies, 
        amends, or repeals any provision of Federal law not expressly 
        superseded, modified, amended, or repealed by this Act, other 
        than the general mining laws.
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