<enum>I</enum><header>Mineral Leasing, Exploration, and Development</header><section id="H5DEA01F0554A480BAE38FE3F9EFC4611"><enum>101.</enum><header>Closure to entry and location</header><subsection id="HA9C37BD61AC54C2DABA97BECEE6EA3DC"><enum>(a)</enum><header>Closure</header><text>Except as otherwise provided in this section, as of the effective date of this Act all Federal lands are closed to entry and location under the general mining laws, and no new rights under the general mining laws may be acquired.</text></subsection><subsection id="HFE6873054E7643DD9F24390C49B4CCB6"><enum>(b)</enum><header>Existing nonproducing claims</header><paragraph id="H93A89157C71441C7A86BA330A23F056C"><enum>(1)</enum><header>Claims without plan of operations</header><text display-inline="yes-display-inline">Any claim under the general mining laws existing on the effective date of this Act for which a plan of operations is not approved, or a notice of operations is not filed, before such date shall be subject to the requirements of this Act, and may remain in effect until not later than the end of the 10-year period beginning on the date of enactment of this Act if the claimholder remains in compliance with section 109, unless the claim holder—</text><subparagraph id="H67A67023A92C4B2290687C874589DFC7"><enum>(A)</enum><text>relinquishes the claim; or</text></subparagraph><subparagraph id="H7B5F08D41AA4446FA1CCE4216BC5007B"><enum>(B)</enum><text display-inline="yes-display-inline">demonstrates eligibility for a lease and requests conversion under the regulations issued under subsection (d).</text></subparagraph></paragraph><paragraph id="H234465606A5748E0AB5CEFF8C4716C62"><enum>(2)</enum><header>Shortening of period</header><text display-inline="yes-display-inline">The 10-year period referred to in paragraph (1) shall be shortened to 3 years if—</text><subparagraph id="H9C60A617627648E9B141D35C0E9E8CB9"><enum>(A)</enum><text display-inline="yes-display-inline">the claim is for an area that is located in an area withdrawn or temporarily segregated from location under the general mining laws as of the effective date of this Act; or</text></subparagraph><subparagraph id="HAE3C6A69BE474204BB89F1AA555B5F20"><enum>(B)</enum><text>the claim belongs to a small miner.</text></subparagraph></paragraph><paragraph id="H5EFF4583BA2A40E08D0692A5F97DE9DB"><enum>(3)</enum><header>Conversion</header><text display-inline="yes-display-inline">Upon showing to the satisfaction of the Secretary of a valuable mineral deposit on lands subject to such a claim, the Secretary may convert the claim to a noncompetitive lease under the regulations issued under subsection (d).</text></paragraph><paragraph id="HF5EF6FF340E5427FA6BD67A447AA30CA"><enum>(4)</enum><header>Claims not converted</header><text display-inline="yes-display-inline">Any such claims not converted to leases at the end of the applicable period under paragraph (1) or (2) shall be considered invalid and void.</text></paragraph></subsection><subsection id="H95C7F2CE9F3C4DC8BD21FBF60CD43DC2"><enum>(c)</enum><header>Existing claims with plan of operation</header><paragraph id="HD99B7975460C4F0D9E5ACB6DDE023774"><enum>(1)</enum><header>In general</header><text display-inline="yes-display-inline">In the case of any claim under the general mining laws for which a plan of operations has been approved but for which operations have not commenced before the date of enactment of this Act—</text><subparagraph id="H7C0D6377C97B4096B134F9FD6938EDD3"><enum>(A)</enum><text>during the 10-year period beginning on the date of enactment of this Act—</text><clause id="H1944C5BA1CB04D858B4B8099CA2D8422"><enum>(i)</enum><text display-inline="yes-display-inline">mineral activities on lands subject to such claim shall be subject to such plan of operations; and</text></clause><clause id="H662863332EF746D7AED393127254A9B8"><enum>(ii)</enum><text>modification of such plan may be made in accordance with the provisions of law applicable before the date of enactment of this Act if such modifications are considered minor by the Secretary concerned; and</text></clause></subparagraph><subparagraph id="H49690D09084745C8A6F1F1A3666CF769"><enum>(B)</enum><text>the operator shall bring such mineral activities into compliance with this Act by the end of such 10-year period.</text></subparagraph></paragraph><paragraph id="HD8C4DAA698D24CD7B2E2A7A2C3D47D13"><enum>(2)</enum><header>Activities pending decision on modification to plan of operations</header><text display-inline="yes-display-inline">If an application for modification of a plan of operations referred to in paragraph (1)(A)(ii) has been timely submitted and an approved plan expires before the Secretary concerned takes action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until such Secretary makes an administrative decision on the application.</text></paragraph><paragraph id="H2C6AA492A6BB4788B820F4235BD9C820"><enum>(3)</enum><header>Conversion requirement</header><text display-inline="yes-display-inline">Any claims referred to in paragraph (1) may remain in effect for a period of up to 10 years. Any claim not converted to a lease under subsection (d) before the end of that period shall be subject to a fee of $100 per acre per day until the claim is converted to a lease.</text></paragraph></subsection><subsection id="H857C4B6308F3422DB0FC86E7E8AFDD3D"><enum>(d)</enum><header>Conversion regulations</header><paragraph id="HFE7C50364F134AE689D3AEA33732F891"><enum>(1)</enum><header>In general</header><text>The Secretary shall issue regulations not later than 1 year after the date of enactment of this Act to provide for the conversion of mining claims to noncompetitive mining leases.</text></paragraph><paragraph id="HC98008C39DF14C39884BF52A483689BA"><enum>(2)</enum><header>Content</header><text display-inline="yes-display-inline">The regulations issued under paragraph (1) shall—</text><subparagraph id="H31D233D3070A4FFEA0AB4ACA8945EC69"><enum>(A)</enum><text>prohibit the conversion of a mining claim to a mining lease by a claimholder who is in violation of this Act or other State or Federal environmental, health, or worker safety law;</text></subparagraph><subparagraph id="HA918310E94B74104BF42DFB56BDC575C"><enum>(B)</enum><text display-inline="yes-display-inline">allow the Secretary to exercise discretion to include nonmineral lands within the boundaries of any mill site associated with the mining claim to be converted to a noncompetitive lease;</text></subparagraph><subparagraph id="H2A38DC61E98D41BBBA7DB2D50864F1F0"><enum>(C)</enum><text>prohibit the area in any noncompetitive mining lease issued under this subsection to exceed the maximum area authorized by this Act to be leased to any person;</text></subparagraph><subparagraph id="H2372E83D6FF042F18688FBA7CF023788"><enum>(D)</enum><text>require the consent of the surface managing agency for conversion of a mining claim to a noncompetitive mining lease;</text></subparagraph><subparagraph id="HEAE2763EC14746D5B7A38139EE9CE71E"><enum>(E)</enum><text>require the fiscal terms of the converted noncompetitive mining lease to be the same as provided in this Act for other hardrock mining leases;</text></subparagraph><subparagraph id="H8D22BAF4686A491A89A07258EA447E6B"><enum>(F)</enum><text>require compliance with all provisions of this Act; and</text></subparagraph><subparagraph id="H772BA4DAF08A4B25B11D72FFC4BD4AA5"><enum>(G)</enum><text>include any other terms the Secretary considers appropriate.</text></subparagraph></paragraph></subsection><subsection id="H3947E23B75F14E60B929F06235C22260"><enum>(e)</enum><header>National Environmental Policy Act</header><text display-inline="yes-display-inline">The Secretary is not required to conduct an environmental analysis under the National Environmental Policy Act of 1969 (<external-xref legal-doc="usc" parsable-cite="usc/42/4321">42 U.S.C. 4321 et seq.</external-xref>) for the issuance of a noncompetitive lease under this section, unless the noncompetitive lease modifies or extends the surface disturbance already authorized under a mine plan of operations covering the mining claim that is converted.</text></subsection></section><section id="H35402908257944CC8DD42C846E5D4995"><enum>102.</enum><header>Limitation on patents</header><subsection id="HA90D29EAF00F46CDA9CDA841EFE65D02"><enum>(a)</enum><header>Mining claims</header><paragraph id="H3074184A8ED44C47815F95305A3BEE2C"><enum>(1)</enum><header>Determinations required</header><text>After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws unless the Secretary determines that, for the claim concerned—</text><subparagraph id="HEC69696FC8564E949922953DC1DF9F6D"><enum>(A)</enum><text>a patent application was filed with the Secretary on or before September 30, 1994; and</text></subparagraph><subparagraph id="H08C5E558D0534AE99D93C60F3F488D69"><enum>(B)</enum><text>all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30), in the case of a vein or lode claim, or sections 2329, 2330, 2331, and 2333 of the Revised Statutes (<external-xref legal-doc="usc" parsable-cite="usc/30/35">30 U.S.C. 35</external-xref>, 36, and 37), in the case of a placer claim, were fully complied with by that date.</text></subparagraph></paragraph><paragraph id="HF098489DEF7C4C27A89B1C4700F46EF9"><enum>(2)</enum><header>Right to patent</header><text>If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.</text></paragraph></subsection><subsection id="H0145D65FA1E547EFA75C8DE84F90C45A"><enum>(b)</enum><header>Millsite claims</header><paragraph id="HC6CCA36A87D64313B8FC82DC037AFA53"><enum>(1)</enum><header>Determinations required</header><text>After the date of enactment of this Act, no patent shall be issued by the United States for any millsite claim located under the general mining laws unless the Secretary determines that for such millsite—</text><subparagraph id="HC0B671F6541C42AC8B6EBE0BD4882CE8"><enum>(A)</enum><text>a patent application for the land subject to such claim was filed with the Secretary on or before September 30, 1994; and</text></subparagraph><subparagraph id="H74E63D912C774FE9AAD7F0E6DE55795A"><enum>(B)</enum><text>all requirements applicable to such patent application were fully complied with before that date.</text></subparagraph></paragraph><paragraph id="H87A8DB6269CE4DE193096EAE714DD115"><enum>(2)</enum><header>Right to patent</header><text display-inline="yes-display-inline">If the Secretary makes the determinations described in subparagraphs (A) and (B) of paragraph (1) for any millsite claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.</text></paragraph></subsection></section><section id="H9E391C59085C474D95CD27C07821FF77"><enum>103.</enum><header>Prospecting license and hardrock leases</header><subsection id="HFC7B59B32ED34C0EBEDD365C5E67E338"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">No person may conduct mineral prospecting for commercial purposes for any hardrock mineral on Federal lands without a prospecting license or a small miners lease.</text></subsection><subsection id="HF3D6A17BF3CA4284A567211D57996A61"><enum>(b)</enum><header>Prospecting licenses</header><paragraph id="HA55EE97251EA4994A2C9ABFA138620F9"><enum>(1)</enum><header>In general</header><text display-inline="yes-display-inline">The Secretary may, under such rules and regulations as the Secretary may prescribe and with the concurrence of the relevant surface management agency, grant an applicant a prospecting license that shall give the exclusive right to prospect for specified hardrock minerals on Federal lands for a period of not exceeding 2 years.</text></paragraph><paragraph id="H10078959C0924E948CA8100558133A50"><enum>(2)</enum><header>Maximum area</header><text>The area subject to such a license shall not exceed 2,560 acres of land, in reasonably compact form.</text></paragraph><paragraph id="HBD5752FC685A4E5CA36EB14738005CFB"><enum>(3)</enum><header>License application fee</header><text>The Secretary shall charge a fee for each license application to cover the costs of processing the license, and the license shall be subject to annual rentals equal to $10 per acre per year.</text></paragraph><paragraph id="HCCBAF07465F041C9B3BF6B73E40600F6"><enum>(4)</enum><header>Terms and conditions</header><text display-inline="yes-display-inline">A prospecting license must conform with the terms and conditions of a comprehensive land use plan approved under the Federal Land Policy and Management Act of 1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1701">43 U.S.C. 1701 et seq.</external-xref>) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (<external-xref legal-doc="usc" parsable-cite="usc/16/1600">16 U.S.C. 1600 et seq.</external-xref>). For areas where a comprehensive land use plan treating hardrock mining as a multiple-use activity has not been completed, the Secretary concerned shall ensure that the land to be covered by the license is suitable for mineral activities.</text></paragraph><paragraph id="H7E75E73B38CB46998E936D8E625B461F"><enum>(5)</enum><header>Extension</header><text>A prospecting license may be extended for up to an additional 4 years upon a showing by the licensee that the licensee explored with reasonable diligence and was unable to determine the existence and workability of a valuable deposit covered by the license, or that the failure to perform diligent prospecting activities was due to conditions beyond the licensee’s control.</text></paragraph></subsection><subsection id="H3517E04C996D44C0AEF770E0DD953D56"><enum>(c)</enum><header>Noncompetitive leases</header><paragraph id="HF7BD2E39C74D4476830CFF6BACD6C782"><enum>(1)</enum><header>In general</header><text display-inline="yes-display-inline">Upon a showing to the satisfaction of the Secretary by a prospecting licensee under subsection (a) that a valuable deposit of a hardrock mineral has been discovered by the licensee within an area covered by the prospecting license and with the consent of the surface agency, the licensee shall be entitled to a lease for any or all of the land included in the prospecting license, as well as any nonmineral lands necessary for processing or milling operations, at a royalty of no less than 12.5 percent of the gross value of production of hardrock minerals or mineral concentrates or products derived from hardrock minerals under the lease. Rentals for such lease shall be set by the Secretary at no less than $10 per acre per year, with rentals paid in any one year credited against royalties accruing for that year. The recipient of such lease is not entitled to an operations permit. </text></paragraph><paragraph id="H5EE10EA06D764CA3AE66FBB61F40962A"><enum>(2)</enum><header>Lease period</header><subparagraph id="H0689074F52F4437787BF3D703EF4C5B8"><enum>(A)</enum><header>In general</header><text>A lease under this section shall be for a period of 20 years, with the right to renew for successive periods of 10 years if hardrock minerals are being produced in commercial quantities under the lease.</text></subparagraph><subparagraph id="H56799756554647C3BF2CB5001BFEBBD8"><enum>(B)</enum><header>Extension during nonproduction</header><text>If hardrock minerals are not being produced in commercial quantities at the end of the primary term or any subsequent term of such a lease, the Secretary may issue a 10-year extension of the lease in the interest of conservation, reclamation maintenance, or upon a successful showing by the lessee that the lease cannot be successfully operated at a profit or for other reasons. No more than one extension under this subparagraph may be issued.</text></subparagraph></paragraph></subsection><subsection id="H07714C19E3D3410884868DE7B976F69E"><enum>(d)</enum><header>Cumulative acreage limitation</header><text>No person may take, hold, own, or control at one time, whether acquired directly from the Secretary under this Act or otherwise, hardrock mining leases or licenses for an aggregate of more than 20,480 acres in any one State.</text></subsection><subsection id="H8B9B3BF8BF314A99A7A58B44B127CFEF"><enum>(e)</enum><header>Reduction of royalty rate</header><paragraph id="H326B653819124DA2B9A59E0DA12D8537"><enum>(1)</enum><text>Subject to paragraph (2), the Secretary—</text><subparagraph id="H4C854F2C8BF94E4690BB3CA6AFCE93C4"><enum>(A)</enum><text>may reduce the royalty rate for a lease upon a showing by clear and convincing evidence by the person conducting mineral activities under the lease that production would not occur without the reduction in royalty; and</text></subparagraph><subparagraph id="H2A6F32728C894E7B804DDAE70CD88E33"><enum>(B)</enum><text>may reduce royalty and rental rates for a lease to encourage exploration for and development of hardrock minerals classified as strategic and critical by the Department of Energy.</text></subparagraph></paragraph><paragraph id="H423371C7D975485FA3ACACF0B60374A2"><enum>(2)</enum><text display-inline="yes-display-inline">The Secretary may not reduce the royalty rate for a lease pursuant to paragraph (1) to a royalty rate of less than 6.25 percent.</text></paragraph></subsection><subsection id="H92BB499A12E54F1799A357469443E354"><enum>(f)</enum><header>Protection of land and other resources</header><text display-inline="yes-display-inline">The Secretary may include in any lease or license issued under this Act such provisions as are necessary to adequately protect the lands and other resources in the vicinity of the area subject to the lease or license. For land not managed by the Department of the Interior, the Secretary shall consult with the appropriate surface management agency in formulating such provisions.</text></subsection></section><section id="H7CCA9E3EF33A4DED9CCA13A20B1B2995"><enum>104.</enum><header>Competitive leasing</header><subsection id="H03C4D3BB513A4887862EE662D8685CEB"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">Subject to sections 111 and 112, Federal lands known to contain valuable deposits of hardrock minerals that are not covered by claims, licenses, or leases may only be open to hardrock mineral exploration or development through competitive leasing by the Secretary by such methods the Secretary may adopt by regulation and in such areas as the Secretary may determine, including nonmineral lands the Secretary considers necessary for processing or milling operations. The total area of land subject to any such lease shall not exceed 2,560 acres.</text></subsection><subsection id="HA4ED4A806B9F4AEFA5B38CEFEA3CC412"><enum>(b)</enum><header>Terms and requirements</header><text display-inline="yes-display-inline">All terms and requirements for competitive leases under this section shall be the same as if the leases were issued noncompetitively under section 103(c).</text></subsection></section><section id="H269DFB795E7F45DD9A71AEED1586D2F5"><enum>105.</enum><header>Small miners leases</header><subsection id="H489851BCF2F44E8C91FCBCD632C8053F"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">The Secretary may issue small miners leases to qualified small miners that apply, under such rules and regulations as the Secretary may prescribe, including conditions to require diligent development of the lease and to ensure protection of surface resources and groundwater.</text></subsection><subsection id="HE7C0043BD0DF493BAAF21808265A6A6B"><enum>(b)</enum><header>Exclusive right</header><text>A small miners lease shall give the lease holder the exclusive right to prospect for hardrock minerals for 3 years on up to 200 acres of contiguous or non-contiguous Federal land.</text></subsection><subsection id="H1217A8EAD7BA4AB9A92DA6F6B869AF1D"><enum>(c)</enum><header>Application fee</header><text>The Secretary shall charge a reasonable application fee for such a lease.</text></subsection><subsection id="H87C36414491A4773A4525C3E50662755"><enum>(d)</enum><header>Rentals</header><text>Rentals for such a lease shall be $5 per acre per year for the first 3 years.</text></subsection><subsection id="H2D4CF57AE0A0481B9C258EDED585C528"><enum>(e)</enum><header>Renewal</header><text>Such leases may be renewed for additional 3-year periods, with no limit, with a $10 per acre per year rental charged for renewed leases.</text></subsection><subsection id="H4C2CD080F61743B889752D0EE6C6CD6E"><enum>(f)</enum><header>Challenge</header><text>Any individual may file a challenge with the Secretary that a lease holder is in violation of the diligence terms of a small miners lease or does not qualify as a small miner. A small miners lease that is under such a challenge may not be renewed unless the Secretary has determined that the lease holder is a small miner and is in compliance with all the terms of the lease.</text></subsection><subsection id="HD761BCCD692F4F0796FE2008464EA08A"><enum>(g)</enum><header>No royalties</header><text>No royalties shall be charged for commercial production under a small miners lease.</text></subsection><subsection id="H713D3F3DC4104041A768555DF6603DD0"><enum>(h)</enum><header>Conversion of existing claims</header><text display-inline="yes-display-inline">An existing claim, as of the date of enactment of this Act, that belongs to an individual that qualifies as a small miner may be converted to a small miners lease under the same terms and conditions that apply to other small miners leases, except that such lease—</text><paragraph id="H511E84A707874C78AE0E1A39C0F2D76C"><enum>(1)</enum><text>shall not be subject to rental during the primary term of the lease;</text></paragraph><paragraph id="H96666D874CBE4CF989A659176CFF7241"><enum>(2)</enum><text>shall be subject to a rental of $5 per acre per year for the first 3-year renewal of the lease; and</text></paragraph><paragraph id="H8DF5D2D6069441A69BD400EEB62D6E90"><enum>(3)</enum><text>shall be subject to a rental of $10 per acre per year for any subsequent 3-year renewal of the lease.</text></paragraph></subsection><subsection id="HE949062A078D4F9CAA2D306E6BB696D3"><enum>(i)</enum><header>Limitations</header><text>A small miners lease—</text><paragraph id="H1A24462D56584532A2C9AED7AA5750E9"><enum>(1)</enum><text>may only be held by the primary lease holder, a spouse thereof, or a direct descendent thereof;</text></paragraph><paragraph id="HC0C06C628FC24DB1A9D918508A59FE21"><enum>(2)</enum><text>may not be sold or transferred, other than to a spouse or direct descendent of the primary lease holder; and</text></paragraph><paragraph id="H5C377AC4B5F440AB9D46A217861ECB66"><enum>(3)</enum><text>is subject to all permitting requirements under this Act.</text></paragraph></subsection><subsection id="HDF89EDC00D124F52AEE9F1ECF8EE0BFB"><enum>(j)</enum><header>Conversion to hardrock mineral lease</header><text display-inline="yes-display-inline">If, with regards to a lease, the lease holder no longer qualifies as a small miner at the time such lease holder applies for a renewal of such lease, such lease holder shall not be eligible to renew the small miners lease, but shall be eligible for a noncompetitive hardrock mineral lease issued under section 103(c). Notwithstanding section 103(c)(1), royalties under such a lease shall only be due on the gross income that exceeds the amount of gross income specified in such definition as of the time the hardrock mineral lease is issued.</text></subsection></section><section id="H5CAAF6F81DF7411B90361596B26EFF0A"><enum>106.</enum><header>Lands containing nonhardrock minerals; other uses</header><subsection id="H2BE6049C8E894B078C96CAC4F975EDB0"><enum>(a)</enum><header>In general</header><text>In issuing licenses and leases under this Act for lands that contain deposits of coal or other nonhardrock minerals, the Secretary shall reserve to the United States such nonhardrock minerals for disposal under applicable laws.</text></subsection><subsection id="H7E7E36117E4E4C2187508CF3097DA3A6"><enum>(b)</enum><header>Other uses of licensed and leased lands</header><paragraph id="H19F8911801524E0999BCB0F7D34716A3"><enum>(1)</enum><header>In general</header><text>The Secretary shall promulgate regulations to allow for other uses of the lands covered by a prospecting license under this Act, including leases for other minerals, if such other uses would not unreasonably interfere with operations under the prospecting license.</text></paragraph><paragraph id="HEFDE2AA24D4E4765AA130D50B7A704D9"><enum>(2)</enum><header>Prospecting licenses</header><text>The Secretary shall include in such prospecting licenses such terms and conditions as the Secretary finds necessary to avoid unreasonable interference with other uses occurring on, or other leases of, the licensed lands.</text></paragraph><paragraph id="HC81215B7057F4F06B29F5ACB8C92A3D7"><enum>(3)</enum><header>Leases</header><text>The Secretary shall include in leases under this Act stipulations to allow for simultaneous operations under other leases for the same lands.</text></paragraph></subsection></section><section id="HE9FC0BB4DD7E4CF68C7A8C5BBCE3B45C"><enum>107.</enum><header>Royalty</header><subsection id="HCAA3709E084542F59BC877698AE4C928"><enum>(a)</enum><header>Existing production</header><text display-inline="yes-display-inline">Production of hardrock minerals on Federal land under an operations permit from which valuable hardrock minerals were produced in commercial quantities before the date of enactment of this Act, other than production under a small miners lease, shall be subject to a royalty established by the Secretary at no less than 8 percent of the gross value of such production, or of mineral concentrates or products derived from hardrock minerals. Any Federal land added through a plan modification to an operations permit on Federal land that is submitted after the date of enactment of this Act shall be subject to a royalty established by the Secretary for such lease of no less than 12.5 percent of the gross value of production of hardrock minerals, or mineral concentrates or products derived from hardrock minerals.</text></subsection><subsection id="H8B4750B9AA1443B7B544673E58169D77"><enum>(b)</enum><header>Liability</header><text>The claim or lease holder, or any operator to whom the claim or lease holder has assigned the obligation to make royalty payments under the claim or lease and any person who controls such claim or lease holder or operator, shall be liable for payment of such royalties.</text></subsection><subsection id="H4EC72D0857404FE7B94353FEBB3C255A"><enum>(c)</enum><header>Disposition</header><text>Of the revenues collected under this title, including rents, royalties, claim maintenance fees, interest charges, fines, and penalties—</text><paragraph id="HA9299E09AF6F496295B6442C602BF611"><enum>(1)</enum><text>25 percent shall be paid to the State within the boundaries of which the leased, licensed, or claimed lands, or operations subject to such interest charges, fines, or penalties are or were located; and</text></paragraph><paragraph id="HFC874E89788243CEA1D51390EE2E353C"><enum>(2)</enum><text display-inline="yes-display-inline">the remainder shall be deposited in the account established under section 401.</text></paragraph></subsection><subsection id="H6278199395FC4E6987DA432339691A7A"><enum>(d)</enum><header>Duties of claim or lease holders, operators, and transporters</header><paragraph id="HBC4D6C445822433D9B87CB679B9FE9C6"><enum>(1)</enum><header>Regulation</header><text display-inline="yes-display-inline">The Secretary shall prescribe by rule the time and manner in which—</text><subparagraph id="H313C012E8FFD4FA2AF604E7758D14771"><enum>(A)</enum><text>a person who is required to make a royalty payment under this section shall make such payment; and</text></subparagraph><subparagraph id="H531625557B244B8782707DCD02696872"><enum>(B)</enum><text>shall notify the Secretary of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim or lease under this title.</text></subparagraph></paragraph><paragraph id="HF7C37501591245EF96444AAE0C25FD9C"><enum>(2)</enum><header>Written instrument</header><text>Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility.</text></paragraph><paragraph id="H18A8E68398264A00AB49AD5F29CE992C"><enum>(3)</enum><header>Additional amounts</header><text display-inline="yes-display-inline">Such responsibility for the periods referred to in paragraph (2) shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action.</text></paragraph><paragraph id="HFA9D6E864CFA4218A513C9688DB623E4"><enum>(4)</enum><header>Joint and several liability</header><text>Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the period.</text></paragraph><paragraph id="HEB67CAE71D1B41C885E0995F29968189"><enum>(5)</enum><header>Obligations</header><text>A person conducting mineral activities shall—</text><subparagraph id="HCC2173E7D99C4A68962A86598800CDBF"><enum>(A)</enum><text>develop and comply with the site security provisions in the operations permit designed to protect from theft the hardrock minerals, concentrates, or products derived therefrom that are produced or stored on the area subject to a mining claim or lease, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on areas subject to mining claims and leases; and</text></subparagraph><subparagraph id="H25B5DEED92BB45ADBD1D1546F63751AF"><enum>(B)</enum><text>not later than the fifth business day after production begins anywhere on an area subject to a mining claim or lease, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed.</text></subparagraph></paragraph><paragraph id="H22042DE528A34E2BAC4EAFA0001E31C1"><enum>(6)</enum><header>Required documentation</header><text>The Secretary may by rule require any person engaged in transporting a hardrock mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the hardrock mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate.</text></paragraph></subsection><subsection id="HB4A412D7011F475295FDF40FA20B142F"><enum>(e)</enum><header>Recordkeeping and reporting requirements</header><paragraph id="HCC23018071C645B7A67790C43B8D867C"><enum>(1)</enum><header>In general</header><text display-inline="yes-display-inline">A claim or lease holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling hardrock minerals, concentrates, or products derived therefrom, subject to this Act, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include periodic reports, records, documents, and other data. Such reports may also include pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim or lease.</text></paragraph><paragraph id="H8D8594E174074A3AA01532DD40E90417"><enum>(2)</enum><header>Availability for inspection</header><text>Upon the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by such officer or employee.</text></paragraph><paragraph id="HA08F810DEDB040A98804E1BDD7814732"><enum>(3)</enum><header>Forfeiture</header><text>Failure by a claim or lease holder, operator, or other person referred to in the first sentence to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim or lease.</text></paragraph><paragraph id="H8BAF3A385D5F442D957B895DBCF60148"><enum>(4)</enum><header>Maintenance of records</header><text display-inline="yes-display-inline">Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance under section 306 unless the Secretary notifies the operator that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records.</text></paragraph></subsection><subsection id="H354249C8000249859EA4D95E7EA92D25"><enum>(f)</enum><header>Audits</header><text>The Secretary is authorized to conduct such audits of all claim or lease holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sale of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person.</text></subsection><subsection id="H3C46BB8C271F4AA5995EA7026D51DE9D"><enum>(g)</enum><header>Cooperative agreements</header><paragraph id="H54517966D32B41ADBF4102E3B4831D14"><enum>(1)</enum><header>In general</header><text display-inline="yes-display-inline">The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of hardrock minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section.</text></paragraph><paragraph id="H63A4AEBB492741D389E4FD88585BEBBD"><enum>(2)</enum><header>Secretary of Agriculture</header><text>Except as provided in paragraph (3), and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of hardrock minerals, concentrates, or products derived therefrom from claims or leases on lands open to location under this Act.</text></paragraph><paragraph id="HE4670FE872114960B2062DA956CEB0E6"><enum>(3)</enum><header>Trade secrets</header><text>Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws. The Secretary, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and other Federal officials shall ensure that such information is provided protection in accordance with the requirements of that section.</text></paragraph></subsection><subsection id="HAA0909AA9C0D4B59B9AEF89DE4962ACF"><enum>(h)</enum><header>Interest and substantial underreporting assessments</header><paragraph id="H6AA83877933B432E93D7F82E8C8BCFD7"><enum>(1)</enum><header>Payments not received</header><text display-inline="yes-display-inline">In the case of mining claims or leases where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under <external-xref legal-doc="usc" parsable-cite="usc/26/6621">section 6621(a)(2)</external-xref> of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount.</text></paragraph><paragraph id="HD760AAFC203D41BEB453472CDF6F9E72"><enum>(2)</enum><header>Underreporting</header><text>If there is any underreporting of royalty owed on production from a claim or lease for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 25 percent of the amount of that underreporting.</text></paragraph><paragraph id="H90231992B6194B9AAFF936E01FF5FA6F"><enum>(3)</enum><header>Self-reporting</header><text>The Secretary may waive or reduce the assessment provided in paragraph (2) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of enactment of this section, whichever is later.</text></paragraph><paragraph id="H650B0D4ABF1A4CF3949FD6F641E09F92"><enum>(4)</enum><header>Waiver</header><text>The Secretary shall waive any portion of an assessment under paragraph (2) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that—</text><subparagraph id="HCB6CC48201E34D09AEBE7F9038A14BF8"><enum>(A)</enum><text>such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported;</text></subparagraph><subparagraph id="H0AB38863D5E34C039B256C98F0577C9B"><enum>(B)</enum><text>such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported;</text></subparagraph><subparagraph id="H1E8EEA7FB0994978AFE89474323BEBD0"><enum>(C)</enum><text>such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting; or</text></subparagraph><subparagraph id="H1684F89831FB4493BB106239651BAFDF"><enum>(D)</enum><text>such person meets any other exception which the Secretary may, by rule, establish.</text></subparagraph></paragraph><paragraph id="HC5197840CB2E49FEA9CAB9EFDF046AED"><enum>(5)</enum><header>Definition</header><text>For the purposes of this subsection, the term <term>underreporting</term> means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported, if the value that should have been reported is greater than the value that was reported.</text></paragraph><paragraph id="H302C32E8715548B388975A0AC5E020B4"><enum>(6)</enum><header>Hardrock Minerals Reclamation Fund</header><text display-inline="yes-display-inline">All penalties collected under this subsection shall be deposited in the Hardrock Minerals Reclamation Fund established by this Act.</text></paragraph></subsection><subsection id="HF793D02876034DD5AF20910E8EDF7893"><enum>(i)</enum><header>Expanded royalty obligations</header><text display-inline="yes-display-inline">Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all hardrock minerals, concentrates, or products derived therefrom lost or wasted from a mining claim or lease when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section.</text></subsection><subsection id="HCF42C805F1B7456BAB0F88E8531C952B"><enum>(j)</enum><header>Gross income from mining defined</header><text display-inline="yes-display-inline">For the purposes of this section, for any hardrock mineral, the term <term>gross income from mining</term> has the same meaning as the term <term>gross income</term> in <external-xref legal-doc="usc" parsable-cite="usc/26/613">section 613(c)</external-xref> of the Internal Revenue Code of 1986.</text></subsection><subsection id="H2F35264987E64F8AA8ACED9271B99C77"><enum>(k)</enum><header>Effective date</header><text>Royalties under this Act shall take effect with respect to the production of hardrock minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period.</text></subsection><subsection id="HE2BD5F8767B14DE39ED20C6151285AE4"><enum>(l)</enum><header>Failure To comply with royalty requirements</header><text display-inline="yes-display-inline">Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act (<external-xref legal-doc="usc" parsable-cite="usc/30/1719">30 U.S.C. 1719</external-xref>) to the same extent as if the claim or lease maintained in compliance with this Act were a lease under such Act.</text></subsection></section><section id="H2AB8D0A760ED49608C5A947B0C6430C0"><enum>108.</enum><header>Existing production</header><text display-inline="no-display-inline">The holder of a mining claim located or converted under this Act for which mineral activities have already commenced under an approved plan of operations as of the date of enactment of this Act shall have the exclusive right of possession and use of the claimed land for mineral activities, including the right of ingress and egress to such claimed lands for such activities, subject to the rights of the United States under this Act and other applicable Federal law. Such rights of the claim holder shall terminate upon completion of mineral activities on such lands to the satisfaction of the Secretary.</text></section><section id="H0C1A7F14D13C409BA201BA90DE42B6E8"><enum>109.</enum><header>Hardrock mining claim maintenance fee</header><subsection id="H8AF51138ADAE49EBB2298BB277131ECB"><enum>(a)</enum><header>Fee</header><paragraph id="H57FAB68E61A04787B815CD92965C4274"><enum>(1)</enum><header>In general</header><subparagraph id="H31FD55D8A6314CB4920CD4CA4BF68660"><enum>(A)</enum><header>Required fees</header><text>Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 (<external-xref legal-doc="usc" parsable-cite="usc/30/242">30 U.S.C. 242</external-xref>), or as otherwise provided in this Act, for each unpatented mining claim, mill, or tunnel site on federally owned lands, whether located before or on the date of enactment of this Act, each claimant shall pay to the Secretary, on or before August 31 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, mill or tunnel site for the assessment year beginning at noon on the next day, September 1. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28 et seq.</external-xref>) and the related filing requirements contained in section 314 (a) and (c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)).</text></subparagraph><subparagraph id="H73B1CA88F1B144DDA95F35E8410255E0"><enum>(B)</enum><header>Fee adjustments</header><text display-inline="yes-display-inline">Any adjustment to the fees under this subsection under section 502 shall begin to apply the calendar year following the calendar year in which such adjustment is made.</text></subparagraph><subparagraph id="H79D8FC57E3C64AB2A85FF43431D62BF0"><enum>(C)</enum><header>Exception for small miners</header><text>Subparagraph (A) and the assessment work requirement contained in the Mining Law of 1872 (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28 et seq.</external-xref>) shall not apply with respect to any claim held by a small miner.</text></subparagraph></paragraph><paragraph id="HF8AC1C32D26D41B1BB31F342AD5FEE94"><enum>(2)</enum><text display-inline="yes-display-inline">Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the Department of the Interior shall be deposited in the Hardrock Minerals Reclamation Fund established by section 401.</text></paragraph></subsection><subsection id="H88E30CB3B53B40819A036927BE4B52B2"><enum>(b)</enum><header>Co-Ownership</header><text>The co-ownership provisions of the Mining Law of 1872 (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28 et seq.</external-xref>) shall remain in effect except that the annual claim maintenance fee, where applicable, shall replace applicable assessment requirements and expenditures.</text></subsection><subsection id="H53F8833BEF6E4C7E9B08A79EB9941548"><enum>(c)</enum><header>Failure To pay</header><text display-inline="yes-display-inline">Failure to pay the claim maintenance fee as required by subsection (a) shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law.</text></subsection><subsection id="H9D7FFCF279FC4388BCE1BC6E601E755F"><enum>(d)</enum><header>Other requirements</header><paragraph id="HCA298D00B8564272AF08F5D3EB21B0C1"><enum>(1)</enum><header>Required filings</header><text>Nothing in this section shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1744">43 U.S.C. 1744(b)</external-xref>), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1744">43 U.S.C. 1744(c)</external-xref>) related to filings required by section 314(b), which remain in effect.</text></paragraph><paragraph commented="no" id="H60D9A5964ADC47A499290E61FB60E4BE"><enum>(2)</enum><header>Mining Law of 1872</header><text>Section 2324 of the Revised Statutes of the United States (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28</external-xref>) is amended by inserting <quote>or section 103(a) of the <short-title>Clean Energy Minerals Reform Act of 2022</short-title></quote> after <quote>Act of 1993</quote>.</text></paragraph></subsection></section><section display-inline="no-display-inline" id="HCED31252BE404054A29988159DA3F50C" section-type="subsequent-section"><enum>110.</enum><header>Effect of payments for use and occupancy of claims</header><text display-inline="no-display-inline">Except as otherwise provided in section 101, timely payment of the claim maintenance fee required by section 109 or any related law relating to the use of Federal land, asserts the claimant’s authority to use and occupy the Federal land concerned for prospecting and exploration, consistent with the requirements of this Act and other applicable law.</text></section><section id="HF8FFE40531194BA387C112D482F5DDA9"><enum>111.</enum><header>Protection of special places</header><subsection id="H6C0BEE8B9E574EF9AF31111E9736878F"><enum>(a)</enum><header>Protection of national park system units and national monuments</header><text>No permit shall be issued under this Act that authorizes mineral activities that would impair the land or resources of a unit of the National Park System or a national monument. For purposes of this subsection, the term <term>impair</term> includes any diminution of the affected land including wildlife, scenic assets, water resources, air quality, and acoustic qualities, or other changes that would impair a citizen’s experience at the National Park System unit or a national monument.</text></subsection><subsection id="H28845CCE48434D13A4F31BFB79331301"><enum>(b)</enum><header>Protection of conservation areas</header><text>In order to protect the resources and values of National Conservation System units, the Secretary, as appropriate, shall utilize authority under this Act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established.</text></subsection><subsection id="H6765790D30B248F08A7107F36809DEAD"><enum>(c)</enum><header>Lands not open to mining</header><text display-inline="yes-display-inline">Notwithstanding any other provision of law and subject to valid existing rights, no hardrock mining activity shall be allowed in any of the following:</text><paragraph id="HA2241AF83F404B80B52296038CED87C5"><enum>(1)</enum><text>Sacred sites.</text></paragraph><paragraph id="H5A9C37C77B3F4A7FBBF6746F44FADE36"><enum>(2)</enum><text>Wilderness study areas.</text></paragraph><paragraph id="HD887211E6966429B9B8CB45812578611"><enum>(3)</enum><text display-inline="yes-display-inline">Designated critical habitat.</text></paragraph><paragraph id="H14EDDF932CA94667ACB3A61B87D42B43"><enum>(4)</enum><text>Areas of critical environmental concern.</text></paragraph><paragraph id="H35E6CAF095E04C75AB22A94943882ABA"><enum>(5)</enum><text display-inline="yes-display-inline">Units of the National Conservation System.</text></paragraph><paragraph id="HF62BDBABA80C41A183D9E556288E6B49"><enum>(6)</enum><text>Areas designated for inclusion in the National Wild and Scenic Rivers System pursuant to the Wild and Scenic Rivers Act (<external-xref legal-doc="usc" parsable-cite="usc/16/1271">16 U.S.C. 1271 et seq.</external-xref>), areas designated for potential addition to such system pursuant to section 5(a) of that Act (<external-xref legal-doc="usc" parsable-cite="usc/16/1276">16 U.S.C. 1276(a)</external-xref>), and areas determined to be eligible for inclusion in such system pursuant to section 5(d) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/16/1276">16 U.S.C. 1276(d)</external-xref>).</text></paragraph><paragraph id="H45C2596F28FB44D8A1483830BE6A5DC8"><enum>(7)</enum><text display-inline="yes-display-inline">Inventoried Roadless Areas under the Roadless Area Conservation Rule, part 294 of title 36, Code of Federal Regulations, Colorado Roadless Areas, or Idaho Roadless Areas.</text></paragraph></subsection></section><section id="H4B8B18D507404E14A8AA8C9EA0C5FB1A"><enum>112.</enum><header>Suitability determination</header><subsection id="H9AD25F5972B345878641AE90BF1664E1"><enum>(a)</enum><header>In general</header><text>The Secretary concerned shall make each determination of whether lands are suitable for mineral activities that is otherwise required by this Act, in accordance with subsection (b).</text></subsection><subsection id="HEEF914FC177245399370A5F64932A6F1"><enum>(b)</enum><header>Suitability</header><paragraph id="HBAEC2BD5FBD74DF99819E4373E8F8D7A"><enum>(1)</enum><header>In general</header><text display-inline="yes-display-inline">The Secretary concerned shall consider lands suitable for mineral activities if the Secretary concerned finds that such activities would not result in undue degradation to a special characteristic described in paragraph (2) that cannot be prevented by the imposition of conditions in the permit required for such activities under title III.</text></paragraph><paragraph id="HBB8FBED8BA9D446B83AB9A8F6E9EF422"><enum>(2)</enum><header>Special characteristics</header><text display-inline="yes-display-inline">For purposes of paragraph (1) the Secretary concerned shall consider each of the following to be a special characteristic:</text><subparagraph id="H9FAF0EF2185F4BAA8A02237A326E093A"><enum>(A)</enum><text>The existence of a significant water resource or supply in or associated with such lands, including any aquifer or aquifer recharge area.</text></subparagraph><subparagraph id="HA33940C0F58F4994ACCB3144BD5239D5"><enum>(B)</enum><text>The presence on such lands, or any adjacent land, of a publicly owned place that is listed on, or determined by the Secretary of the Interior to be eligible for listing on, the National Register of Historic Places.</text></subparagraph><subparagraph id="H9B36F32F4A5C47AFB5BFA7C86D519102"><enum>(C)</enum><text>The designation of all or any portion of such lands, or any adjacent land, as a National Conservation System unit.</text></subparagraph><subparagraph id="H2E5BAF73C565407AA646BF262F387BA7"><enum>(D)</enum><text>The designation of all or any portion of such lands, or any adjacent land, as critical habitat under the Endangered Species Act of 1973 (<external-xref legal-doc="usc" parsable-cite="usc/16/1531">16 U.S.C. 1531 et seq.</external-xref>).</text></subparagraph><subparagraph id="HA5272832E4D6418B968C1B77889FF088"><enum>(E)</enum><text display-inline="yes-display-inline">The designation of all or any portion of such lands, or any adjacent land, as a class I area under section 162 of the Clean Air Act (<external-xref legal-doc="usc" parsable-cite="usc/42/7472">42 U.S.C. 7472</external-xref>).</text></subparagraph><subparagraph id="HBB3FA3C5AB88491C87338E60714CCE0B"><enum>(F)</enum><text display-inline="yes-display-inline">The presence of such other resource values as the Secretary concerned may by rule specify, determined based upon field testing, evaluation, or credible information that verifies such values.</text></subparagraph><subparagraph id="H2A2B966CAD1847B699DB0B21270DB3CF"><enum>(G)</enum><text>The designation of such lands, or adjacent land, as a Research Natural Area.</text></subparagraph><subparagraph id="H0C8C5790141140749C27CBA38DAAB309"><enum>(H)</enum><text display-inline="yes-display-inline">The presence on such lands, or any adjacent land, of a sacred site.</text></subparagraph><subparagraph id="H645319620C7B49DABEB6EECDAECB512B"><enum>(I)</enum><text display-inline="yes-display-inline">The presence or designation of such lands adjacent to lands not open to mining pursuant to section 111.</text></subparagraph></paragraph><paragraph id="HF73DD4D87DAE42F29BD67A98FBD78A92"><enum>(3)</enum><text display-inline="yes-display-inline">A determination under this subsection of suitability for mineral activities shall be made after publication of notice and an opportunity for submission of public comment for a period of not less than 60 days.</text></paragraph><paragraph id="H3EF8436045C74632A64EA08FAA041787"><enum>(4)</enum><text>Any determination made in accordance with this subsection with respect to lands shall be incorporated into each Federal land use plan applicable to such lands, at the time such plan is adopted, revised, or significantly amended pursuant to any Federal law other than this Act.</text></paragraph></subsection><subsection id="HCA099211F37A4F89858AF22D4EF740A3"><enum>(c)</enum><header>Change request</header><text display-inline="yes-display-inline">The Secretary concerned shall, by rule, provide for an opportunity for any person to request a change in determination for any Federal land found suitable under subsection (a).</text></subsection><subsection id="H93810CABF90B4DE8989B4A45487B59AC"><enum>(d)</enum><header>Existing operations</header><text>Nothing in this section shall be construed as affecting lands on which mineral activities were being conducted on the date of enactment of this Act under an approved plan of operations or under notice.</text></subsection></section>

Definitions and references

(a)

In general

As used in this Act:(1)The term adjacent land means any land not more than two miles from the boundary of a described land tract.(2)The term affiliate means, with respect to any person, any of the following:(A)Any person who controls, is controlled by, or is under common control with such person.(B)Any partner of such person.(C)Any person owning at least 10 percent of the voting shares of such person.(3)The term agency means any authority of the United States that is an agency under section 3502(1) of title 44, United States Code. (4)The term applicant means any person applying for a permit, license, or lease under this Act or a modification to or a renewal of a permit, license, or lease under this Act.(5)The term beneficiation means the crushing and grinding of hardrock mineral ore and such processes as are employed to free the mineral from other constituents, including physical and chemical separation techniques.(6)The term casual use—(A)subject to subparagraphs (B) and (C), means mineral activities that do not ordinarily result in any disturbance of public lands and resources;(B)includes collection of geochemical, rock, soil, or mineral specimens using handtools, hand panning, or nonmotorized sluicing; and(C)does not include—(i)the use of mechanized earth-moving equipment, suction dredging, or explosives;(ii)the use of motor vehicles in areas closed to off-road vehicles;(iii)the construction of roads or drill pads; and(iv)the use of toxic or hazardous materials.(7)The term claim holder means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws. Such term may include an agent of a claim holder.(8)The term control means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including ownership interest, authority to commit the entity’s real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement.(9)The term crude ore means ore in its unprocessed form, containing profitable amounts of the target mineral.(10)The term displaced material means any crude ore and waste dislodged from its location at the time hardrock mineral activities begin at a surface, underground, or in-situ mine.(11)The term exploration—(A)subject to subparagraphs (B) and (C), means creating surface disturbance other than casual use, to evaluate the type, extent, quantity, or quality of minerals present;(B)includes mineral activities associated with sampling, drilling, and analyzing hardrock mineral values; and(C)does not include extraction of mineral material for commercial use or sale.(12)The term Federal land means any land, and any interest in land, that is owned by the United States, except lands in the National Park System, Indian lands, and lands on the Outer Continental Shelf.(13)The term Fund means the Hardrock Minerals Reclamation Fund established by this Act.(14)The term Indian lands means lands held in trust for the benefit of an Indian Tribe or individual or held by an Indian Tribe or individual subject to a restriction by the United States against alienation, or held by an Alaska Native village, village corporation, or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).(15)The term Indian Tribe means any Indian Tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village, village corporation, or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.(16)The term hardrock mineral—(A)subject to subparagraph (B), means any mineral that was subject to location under the general mining laws as of the date of enactment of this Act, and that is not subject to disposition under—(i)the Mineral Leasing Act (30 U.S.C. 181 et seq.);(ii)the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);(iii)the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 et seq.); or(iv)the Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 et seq.); and(B)does not include any mineral that is subject to a restriction against alienation imposed by the United States and is—(i)held in trust by the United States for any Indian or Indian Tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101); or(ii)owned by any Indian or Indian Tribe, as defined in that section.(17)The term mineral activities means any activity on a mining claim, millsite claim, or tunnel site claim, or a lease, license, or permit issued under this Act, for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any hardrock mineral.(18)The term memorandum of agreement means a document that records the terms and conditions agreed upon by an agency and an Indian Tribe through the consultation process regarding an activity. (19)The term National Conservation System unit means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Wilderness Preservation System, National Landscape Conservation System, or National Trails System, or a National Conservation Area, a National Recreation Area, a Wilderness Study Area, a National Monument, or any unit of the National Wilderness Preservation System or lands within the National Forest System, including:(A)National Volcanic Monuments.(B)Recreation Areas, Scenic Recreation Areas, and Winter Recreation Areas.(C)Scenic Areas, Scenic-Research Areas, Scenic Highways, National Scenic and Wildlife Areas.(D)National Game and Wildlife Preserves.(E)Special Management, Wildlife, Conservation and Protection Areas, including botanical, hydrological (watershed), geological, historical, paleontological, and zoological areas.(F)Experimental Forests, Ranges, and Watersheds. (G)Research Sites and Research Natural Areas.(H)Inventoried Roadless Area, Colorado Roadless Area, and Idaho Roadless Area.(I)Recommended Wilderness and Primitive Areas.(20)The term operator means any person proposing or authorized by a permit issued under this Act to conduct mineral activities and any agent of such person.(21)The term person means an individual, Indian Tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government.(22)The term processing means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including smelting and electrolytic refining.(23)The term sacred site means any specific delineated location on Federal land that is identified by an Indian Tribe—(A)as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; or(B)to be of established cultural significance.(24)The term Secretary means the Secretary of the Interior, unless otherwise specified.(25)The term Secretary concerned means—(A)the Secretary of Agriculture (acting through the Chief of the Forest Service) with respect to National Forest System land; and(B)the Secretary of the Interior (acting through the Director of the Bureau of Land Management) with respect to other Federal land.(26)(A)The term small miner means a person (including all related parties thereto) that—(i)holds not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands;(ii)holds leases and permits under this Act with respect to not more than 200 acres of Federal land;(iii)certifies to the Secretary in writing that the person had annual gross income in the preceding calendar year from mineral production in an amount less than $50,000; and(iv)has performed assessment work required under the Mining Law of 1872 (30 U.S.C. 28 et seq.) to maintain any mining claims held by the person (including such related parties) for the assessment year ending on noon of September 1 of the calendar year in which payment of the claim maintenance fee was due.(B)For purposes of subparagraph (A), with respect to any person, the term all related parties means—(i)the spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the person concerned; or(ii)a person affiliated with the person concerned, including—(I)another person controlled by, controlling, or under common control with the person concerned; or(II)a subsidiary or parent company or corporation of the person concerned.(C)For purposes of subparagraph (A)(iii), the dollar amount shall be applied, for a person, to the aggregate of all annual gross income from mineral production under all mining claims held by or assigned to such person or all related parties with respect to such person, including mining claims located or for which a patent was issued before the date of enactment of this Act.(27)The term temporary cessation means a halt in mine-related production activities for a continuous period of no longer than 5 years.(28)The term ton means 2,000 pounds avoirdupois (.90718 metric ton).(29)The term undue degradation means irreparable harm to significant scientific, cultural, or environmental resources on public lands.(30)The term valuable mineral deposit means a deposit of hardrock minerals that is of sufficient value for a prudent operator to economically mine.(31)The term waste means rock that must be fractured and removed in order to gain access to crude ore.(b)

References to other laws

(1)

General mining laws

Any reference in this Act to the term general mining laws is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code.(2)

Act of July 23, 1955

Any reference in this Act to the Act of July 23, 1955, is a reference to the Act entitled An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes (30 U.S.C. 601 et seq.).