[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3495 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3495

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

 Mr. Grijalva (for himself, Mr. Huffman, Ms. McCollum, Mr. Levin, Mr. 
Cohen, Mr. Tonko, Ms. Bonamici, Ms. Lee of California, Ms. Waters, Ms. 
  Tokuda, Mrs. Napolitano, Ms. Porter, Ms. Jacobs, Mr. Carbajal, Ms. 
 Ocasio-Cortez, and Ms. Kamlager-Dove) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Energy 
Minerals Reform Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Closure to entry and location.
Sec. 102. Limitation on patents.
Sec. 103. Prospecting licenses and hardrock leases.
Sec. 104. Competitive leasing.
Sec. 105. Small miner's lease.
Sec. 106. Land containing nonhardrock minerals; other uses.
Sec. 107. Royalty.
Sec. 108. Existing production.
Sec. 109. Hardrock mining claim maintenance fee.
Sec. 110. Effect of payments for use and occupancy of claims.
Sec. 111. Protection of special places.
Sec. 112. Suitability determination.
                    TITLE II--CONSULTATION PROCEDURE

Sec. 201. Requirement for consultation.
  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

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

Sec. 401. Funds credited to the Abandoned Hardrock Mine Reclamation 
                            Program.
Sec. 402. Displaced material reclamation fee.
                     TITLE V--ADDITIONAL PROVISIONS

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

SEC. 2. DEFINITIONS AND REFERENCES.

    (a) In General.--As used in this Act:
            (1) The term ``Abandoned Hardrock Mine Reclamation 
        Program'' means the program established by section 40704 of the 
        Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
            (2) The term ``adjacent land'' means any land not more than 
        2 miles from the boundary of a described land tract.
            (3) The term ``affiliate'' means, with respect to any 
        person, any of the following:
                    (A) Any person that 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.
            (4) The term ``agency'' has the meaning given the term in 
        section 3502 of title 44, United States Code.
            (5) The term ``applicant'' means any person applying for a 
        lease, license, or permit under this Act or a modification to 
        or a renewal of a lease, license, or permit issued under this 
        Act.
            (6) 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.
            (7) The term ``casual use''--
                    (A) means mineral activities that do not ordinarily 
                result in any disturbance of Federal land 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; or
                            (iv) the use of toxic or hazardous 
                        materials.
            (8) The term ``claim holder'' means--
                    (A) any person holding a mining claim, millsite, or 
                tunnel site located under the general mining laws or 
                this Act and maintained in compliance with such laws; 
                and
                    (B) any agent of such person.
            (9) The term ``control'' means having the ability, directly 
        or indirectly, to determine (without regard to whether 
        exercised through 1 or more corporate structures) the manner in 
        which an entity conducts mineral activities, through any means, 
        including--
                    (A) ownership interest;
                    (B) authority to commit the real or financial 
                assets of the entity;
                    (C) position as a director, officer, or partner of 
                the entity; or
                    (D) contractual arrangement.
            (10) The term ``displaced material'' means any raw ore or 
        waste dislodged from its location by human disturbance, 
        including from hardrock mineral activities.
            (11) The term ``exploration''--
                    (A) 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''--
                    (A) means any land, and any interest in land, that 
                is owned by the United States; and
                    (B) does not include--
                            (i) lands in the National Park System;
                            (ii) Indian lands; or
                            (iii) lands on the Outer Continental Shelf.
            (13) The term ``hardrock mineral''--
                    (A) means any mineral that was subject to location 
                under the general mining laws as of the effective date 
                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 Act for Acquired 
                        Lands (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.
            (14) The term ``Indian lands'' means--
                    (A) lands held in trust for the benefit of an 
                Indian Tribe or Indian;
                    (B) lands held by an Indian Tribe or Indian subject 
                to a restriction by the United States against 
                alienation; or
                    (C) lands 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 ``mining claim'' means any mining claim made 
        pursuant to--
                    (A) this Act; or
                    (B) the Mining Law of 1872 (30 U.S.C. 22 et seq.) 
                before the effective date of this Act.
            (17) The term ``mineral activities'' means any activity 
        carried out on a mining claim, millsite, or tunnel site, 
        authorized by 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 ``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 the following:
                    (A) National Volcanic Monuments.
                    (B) Recreation Areas, Scenic Recreation Areas, and 
                Winter Recreation Areas.
                    (C) Scenic Areas, Scenic-Research Areas, Scenic 
                Highways, and 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.
            (19) The term ``operator'' means--
                    (A) any person proposing or authorized by a permit 
                issued under this Act to conduct mineral activities; 
                and
                    (B) any agent of such person.
            (20) 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.
            (21) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare hardrock mineral ore into a 
        final marketable product, including smelting and electrolytic 
        refining.
            (22) The term ``raw ore'' means ore in its unprocessed 
        form, containing profitable amounts of a hardrock mineral.
            (23) The term ``reclamation'' means taking measures 
        following the disturbance of Federal land by mineral activities 
        to meet applicable performance standards and achieve conditions 
        required by the Secretary concerned at the conclusion of such 
        mineral activities, including, where applicable--
                    (A) isolation, control, or removal of acid-forming, 
                toxic, or deleterious substances;
                    (B) regrading and reshaping to conform with 
                adjacent landforms, facilitate revegetation, control 
                drainage, and minimize erosion;
                    (C) rehabilitation of fisheries or wildlife 
                habitat;
                    (D) placement of growth medium and establishment of 
                self-sustaining revegetation;
                    (E) removal or stabilization of buildings, 
                structures, or other support facilities;
                    (F) plugging of drill holes and closure of 
                underground workings; and
                    (G) providing for post-mining monitoring, 
                maintenance, or treatment.
            (24) 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.
            (25) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (26) 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.
            (27)(A) The term ``small miner'' means a person (including 
        all related parties thereto) that--
                    (i) holds not more than 10 mining claims, 
                millsites, or tunnel sites, or any combination thereof, 
                on Federal land;
                    (ii) is a claim holder or operator 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. 22 et seq.) to 
                maintain any mining claims held by the person and all 
                related parties thereto 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 or qualifying child (as such term is 
                defined in section 152 of the Internal Revenue Code of 
                1986) of such person; or
                    (ii) an affiliate 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 and all related 
        parties with respect to such person, including mining claims 
        located or for which a patent was issued before the effective 
        date of this Act.
            (28) The term ``temporary cessation'' means a halt in 
        mineral activities for a continuous period that does not exceed 
        5 years.
            (29) The term ``ton'' means 2,000 pounds avoirdupois 
        (.90718 metric ton).
            (30) The term ``unnecessary or undue degradation'' means 
        irreparable harm to significant scientific, cultural, or 
        environmental resources on Federal land.
            (31) The term ``valuable mineral deposit'' means a deposit 
        of hardrock minerals that is of sufficient value for a prudent 
        operator to extract, remove, and market at a profit.
            (32) The term ``waste'' means rock that must be fractured 
        and removed in order to gain access to raw ore.
    (b) References to Other Laws.--
            (1) General mining laws.--Any reference in this Act to the 
        term ``general mining laws'' is a reference to those Acts that 
        generally comprise chapters 2, 12A, and 16, and sections 161 
        and 162, of title 30, United States Code.
            (2) Act of july 23, 1955.--Any reference in this Act to the 
        Act of July 23, 1955, is a reference to the Act entitled ``An 
        Act to amend the Act of July 31, 1947 (61 Stat. 681) and the 
        mining laws to provide for multiple use of the surface of the 
        same tracts of the public lands, and for other purposes'' (30 
        U.S.C. 601 et seq.).

SEC. 3. APPLICATION RULES.

    (a) Application to Existing Claims.--This Act shall apply to any 
mining claim, millsite, or tunnel site located under the general mining 
laws before or on the effective date of this Act.
    (b) Application to Benefaction or Processing Activities.--This Act 
shall apply in the same manner and to the same extent to mining claims, 
millsites, tunnel sites, and any land included in a lease, license, or 
permit issued under this Act used for beneficiation or processing 
activities for any hardrock mineral.

         TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT

SEC. 101. CLOSURE TO ENTRY AND LOCATION.

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

SEC. 102. LIMITATION ON PATENTS.

    (a) Mining Claims.--
            (1) Determinations required.--After the effective date 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 such mining claim--
                    (A) a patent application was filed with the 
                Secretary on or before September 30, 1994; and
                    (B) all requirements established under sections 
                2325 and 2326 of the Mining Law of 1872 (30 U.S.C. 29 
                and 30), in the case of a vein or lode claim, or 
                sections 2329, 2330, 2331, and 2333 of that Act (30 
                U.S.C. 35, 36, and 37), in the case of a placer claim, 
                were fully complied with by that date.
            (2) Right to patent.--If the Secretary makes the 
        determinations required under paragraph (1) for any mining 
        claim, the claim holder 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 before the effective date of this 
        Act, unless such determinations are withdrawn or invalidated by 
        the Secretary or by a court of the United States.
    (b) Millsites.--
            (1) Determinations required.--After the effective date of 
        this Act, no patent shall be issued by the United States for 
        any millsite located under the general mining laws unless the 
        Secretary determines that, for such millsite--
                    (A) a patent application was filed with the 
                Secretary on or before September 30, 1994; and
                    (B) all requirements applicable to such patent 
                application were fully complied with before that date.
            (2) Right to patent.--If the Secretary makes the 
        determinations required under paragraph (1) for any millsite, 
        the claim holder 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 before the effective date of this Act, 
        unless such determinations are withdrawn or invalidated by the 
        Secretary or by a court of the United States.

SEC. 103. PROSPECTING LICENSES AND HARDROCK LEASES.

    (a) In General.--No person may conduct mineral prospecting for 
commercial purposes for any hardrock mineral on Federal land without a 
prospecting license or a small miner's lease.
    (b) Prospecting Licenses.--
            (1) In general.--The Secretary may, under such regulations 
        as the Secretary may issue 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 land for a 
        period not longer than 2 years.
            (2) Maximum area.--The area subject to a prospecting 
        license granted under paragraph (1) shall not exceed 2,560 
        acres of land, in reasonably compact form.
            (3) Prospecting license application fee.--The Secretary 
        shall charge a fee for each prospecting license application to 
        cover the costs of reviewing such application.
            (4) Annual rental.--Each prospecting license granted under 
        paragraph (1) shall be subject to annual rentals equal to $10 
        per acre per year.
            (5) Terms and conditions.--A prospecting license shall 
        conform with the terms and conditions of a comprehensive land 
        use plan approved under--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); or
                    (B) the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1600 et seq.).
            (6) Areas without approved comprehensive land use plan.--
        For land covered by a prospecting license for which a 
        comprehensive land use plan treating hardrock mining as a 
        multiple-use activity has not been completed, the Secretary 
        concerned shall ensure that such land is suitable for mineral 
        activities.
            (7) Extension.--The Secretary may extend a prospecting 
        license granted under this subsection for not more than 
        additional 4 years upon a showing by the licensee that--
                    (A) the licensee explored with reasonable diligence 
                and was unable to determine the existence and 
                workability of a valuable mineral deposit covered by 
                the license; or
                    (B) if the licensee failed to perform diligent 
                prospecting activities, such failure was due to 
                conditions beyond the control of the licensee.
    (c) Noncompetitive Leases.--
            (1) In general.--Upon a showing to the satisfaction of the 
        Secretary by a prospecting licensee under subsection (a) that a 
        valuable mineral deposit 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 not 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.
            (2) Rentals.--
                    (A) In general.--Rentals for a lease under this 
                section shall be set by the Secretary at not less than 
                $10 per acre per year, with rentals paid in any 1 year 
                credited against royalties accruing for that year.
                    (B) Operations permit.--A lessee under this section 
                is not entitled to an operations permit.
            (3) Lease period.--
                    (A) In general.--A lease under this subsection 
                shall be for a period of 20 years, with the right to 
                renew for successive periods of 10 years if hardrock 
                minerals are being produced in commercial quantities 
                under the lease.
                    (B) Extension during nonproduction.--The Secretary 
                may issue not more than 1 10-year extension of a lease 
                under this subsection if hardrock minerals are not 
                being produced in commercial quantities at the end of 
                the primary, or any subsequent, term of such lease 
                and--
                            (i) it is in the interest of conservation 
                        or reclamation maintenance;
                            (ii) the lessee shows that the lease cannot 
                        be successfully operated at a profit; or
                            (iii) the Secretary determines that issuing 
                        such extension is appropriate.
                    (C) Definition of commercial quantities.--In this 
                paragraph, the term ``commercial quantities'' means any 
                economic amount sold, bartered, or traded for profit.
    (d) Cumulative Acreage Limitation.--No person may take, hold, own, 
or control at 1 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 1 State.
    (e) Reduction of Royalty Rate.--
            (1) In general.--Subject to paragraph (2), the Secretary--
                    (A) may reduce the royalty rate for a lease under 
                this section upon a showing by clear and convincing 
                evidence by the operator that production would not 
                occur without the reduction in royalty rate; and
                    (B) may reduce the royalty and rental rates for a 
                lease under this section to encourage exploration for 
                and development of critical minerals (as such term is 
                defined in section 7002(a) of the Energy Act of 2020 
                (30 U.S.C. 1606(a))).
            (2) Limitation.--The Secretary may not reduce the royalty 
        rate for a lease pursuant to paragraph (1) to less than 6.25 
        percent.
    (f) Protection of Land and Other Resources.--The Secretary, in 
consultation with any applicable surface management agency, may include 
in any lease or license issued under this Act such provisions as are 
necessary to adequately protect land and other resources in the 
vicinity of the area subject to the lease or license.

SEC. 104. COMPETITIVE LEASING.

    (a) In General.--Subject to sections 111 and 112, Federal land 
known to contain valuable mineral deposits that is not covered by 
claims, licenses, or leases issued under this Act may only be open to 
hardrock mineral exploration or development through competitive leasing 
by the Secretary through 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.
    (b) Limitation.--The total area of land subject to a competitive 
lease under this section shall not exceed 2,560 acres.
    (c) Terms and Requirements.--All terms and requirements for 
competitive leases under this section shall be the same as if the 
leases were issued noncompetitively under section 103(c).

SEC. 105. SMALL MINER'S LEASE.

    (a) In General.--The Secretary may issue a small miner's lease to a 
qualified small miner that applies, under such regulations as the 
Secretary may issue, including conditions to require diligent 
development of such lease and to ensure protection of surface resources 
and ground water.
    (b) Exclusive Right.--A small miner's lease shall give the lessee 
the exclusive right to prospect for hardrock minerals for 3 years on 
not more than 200 acres of contiguous or noncontiguous Federal land.
    (c) Application Fee.--The Secretary shall charge a reasonable 
application fee for a small miner's lease under this subsection (a).
    (d) Rentals.--Annual rentals for a small miner's lease issued under 
this section shall be $5 per acre per year for the first 3 years.
    (e) Renewal.--A small miner's leases issued under this section may 
be renewed for any number of additional 3-year periods. The rental for 
such a renewed lease shall be $10 per acre per year rental charged.
    (f) Challenge.--
            (1) In general.--Any individual may file a challenge with 
        the Secretary that a lessee is in violation of the diligence 
        terms of a small miner's lease or does not qualify as a small 
        miner.
            (2) Renewal when subject to challenge.--A small miner's 
        lease that is subject to a challenge under paragraph (1) may 
        not be renewed unless the Secretary has determined that the 
        lessee is a small miner and is in compliance with all the terms 
        of the small miner's lease.
    (g) No Royalties.--The Secretary shall not charge royalties for 
commercial production under a small miner's lease.
    (h) Conversion of Existing Claims.--A claim existing on the 
effective date of this Act that belongs to an individual that qualifies 
as a small miner may be converted to a small miner's lease under the 
same terms and conditions that apply to a small miner's lease under 
this section, except that such lease--
            (1) shall not be subject to rental during the primary term 
        of the lease;
            (2) shall be subject to a rental of $5 per acre per year 
        for the first 3-year renewal of the lease; and
            (3) shall be subject to a rental of $10 per acre per year 
        for any subsequent 3-year renewal of the lease.
    (i) Limitations.--A small miner's lease--
            (1) may only be held by the primary lease holder, a spouse 
        thereof, or a direct descendent thereof;
            (2) may not be sold or transferred, other than to a spouse 
        or direct descendent of the primary lease holder; and
            (3) is subject to all permitting requirements under this 
        Act.
    (j) Conversion to Hardrock Mineral Lease.--
            (1) In general.--If, with regard to a small miner's lease, 
        the lessee does not qualify as a small miner at the time such 
        lessee applies for a renewal of such lease, such lessee shall 
        not be eligible to renew such lease, but shall be eligible for 
        a noncompetitive hardrock mineral lease issued under section 
        103(c).
            (2) Royalties.--Notwithstanding section 103(c)(1), 
        royalties under a small miner's lease converted to a hardrock 
        mineral lease under this subsection shall only be due on the 
        gross income that exceeds $50,000 annually or the amount of 
        gross income specified by the Secretary as of the time such 
        noncompetitive lease is issued.

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

    (a) In General.--In issuing licenses and leases under this Act for 
land that contains deposits of coal or other nonhardrock minerals, the 
Secretary shall reserve to the United States such nonhardrock minerals 
for disposal under applicable laws.
    (b) Other Uses of Licensed and Leased Lands.--
            (1) In general.--The Secretary shall issue regulations to 
        allow for other uses of the land covered by a prospecting 
        license under this Act, including leases for other minerals, if 
        such other uses would not unreasonably interfere with 
        operations under the prospecting license.
            (2) Terms and conditions.--The Secretary shall include in 
        each prospecting license issued under section 103(b) such terms 
        and conditions as the Secretary determines necessary to avoid 
        unreasonable interference with other uses occurring on, or 
        other leases of, the licensed land.
            (3) Leases.--The Secretary shall include in leases issued 
        under this Act stipulations to allow for simultaneous 
        operations under other leases for the same land.

SEC. 107. ROYALTY.

    (a) Existing Production.--
            (1) In general.--Production of hardrock minerals, mineral 
        concentrates, or products derived from hardrock minerals on 
        Federal land under an operations permit from which valuable 
        hardrock minerals were produced in commercial quantities before 
        the effective date of this Act, other than production under a 
        small miner's lease, shall be subject to a royalty established 
        by the Secretary of not less than 8 percent of the gross value 
        of such production.
            (2) Additional federal land.--Production of hardrock 
        minerals, mineral concentrates, or products derived from 
        hardrock minerals on Federal land added through a plan 
        modification to an operations permit that is submitted after 
        the effective date of this Act shall be subject to a royalty 
        established by the Secretary for such lease of not less than 
        12.5 percent of the gross value such production.
    (b) Liability.--The claim holder or lessee, or any operator to whom 
the claim holder or lessee has assigned the obligation to make royalty 
payments under the claim or lease and any person who controls such 
claim or lease holder or operator, shall be liable for payment of such 
royalties.
    (c) Disposition.--Of the revenues collected under this title, 
including rents, royalties, claim maintenance fees, interest charges, 
fines, and penalties--
            (1) 25 percent shall be paid to the State within the 
        boundaries of which the leased, licensed, or claimed lands, or 
        operations subject to such interest charges, fines, or 
        penalties are or were located; and
            (2) the remainder shall be made available to carry out, to 
        remain available until expended without fiscal year limitation, 
        the Abandoned Hardrock Mine Reclamation Program.
    (d) Duties of Claim Holders, Lessees, Operators, and 
Transporters.--
            (1) Regulation.--The Secretary shall issue regulations 
        regarding the time and manner in which a person who is required 
        to make a royalty payment under this section shall--
                    (A) make such payment; and
                    (B) notify the Secretary of any assignment that 
                such person may have made of the obligation to make any 
                royalty or other payment under a mining claim or lease 
                under this title.
            (2) Written instrument.--Any person paying royalties under 
        this section shall file a written instrument, together with the 
        first royalty payment, affirming that such person is 
        responsible for making proper payments for all amounts due for 
        all time periods for which such person has a payment 
        responsibility.
            (3) Additional amounts.--Such responsibility for the 
        periods referred to in paragraph (2) shall include any and all 
        additional amounts billed by the Secretary and determined to be 
        due by final agency or judicial action.
            (4) Joint and several liability.--Any person liable for 
        royalty payments under this section who assigns any payment 
        obligation shall remain jointly and severally liable for such 
        royalty payments.
            (5) Obligations.--A person conducting mineral activities 
        shall--
                    (A) develop and comply with the site security 
                provisions in the operations permit designed to protect 
                from theft the hardrock minerals, concentrates, or 
                products derived therefrom that are produced or stored 
                on the area subject to a mining claim or lease, and 
                such provisions shall conform with such minimum 
                standards as the Secretary may issue by regulation, 
                taking into account the variety of circumstances on 
                areas subject to mining claims and leases; and
                    (B) 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.
            (6) Required documentation.--The Secretary may by 
        regulation 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 appropriate.
    (e) Recordkeeping and Reporting Requirements.--
            (1) In general.--
                    (A) Requirement.--A claim holder or lessee, 
                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 regulations 
                or orders under this section.
                    (B) Inclusions.--
                            (i) Records.--Records described in 
                        subparagraph (A) shall include periodic 
                        reports, records, documents, and other data.
                            (ii) Reports.--Reports described in 
                        subparagraph (A) may include pertinent 
                        technical and financial data relating to the 
                        quantity, quality, composition volume, weight, 
                        and assay of all minerals extracted from the 
                        mining claim or lease.
            (2) Availability for inspection.--Upon the request of any 
        officer or employee duly designated by the Secretary to conduct 
        an audit or investigation pursuant to this section, the 
        appropriate records, reports, or information that may be 
        required by this section shall be made available for inspection 
        and duplication by such officer or employee.
            (3) Forfeiture.--Failure by a claim holder or lessee, 
        operator, or other person referred to in paragraph (1)(A) to 
        cooperate with an audit or investigation under paragraph (2), 
        provide data required by the Secretary, or grant access to 
        information may, at the discretion of the Secretary, result in 
        involuntary forfeiture of the claim or lease.
            (4) Maintenance of records.--
                    (A) In general.--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.
                    (B) Audit or investigation.--In any case when an 
                audit or investigation is underway, records shall be 
                maintained until the Secretary releases the operator of 
                the obligation to maintain such records.
    (f) Audits.--
            (1) In general.--The Secretary is authorized to conduct 
        such audits of all claim holders or lessees, 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 determines necessary for 
        the purposes of ensuring compliance with the requirements of 
        this section.
            (2) Availability of information.--For purposes of 
        performing such audits, the Secretary shall, at reasonable 
        times and upon request, have access to, and may copy, all 
        books, papers, and other documents that relate to compliance 
        with any provision of this section by any person.
    (g) Cooperative Agreements.--
            (1) In general.--The Secretary is authorized to enter into 
        cooperative agreements with the Secretary of Agriculture to 
        share information concerning the royalty management of hardrock 
        minerals, concentrates, or products derived therefrom to carry 
        out inspection, auditing, investigation, or enforcement (not 
        including the collection of royalties, civil or criminal 
        penalties, or other payments) activities under this section, 
        and to carry out any other activity described in this section.
            (2) Secretary of agriculture.--Except as provided in 
        paragraph (3), and pursuant to a cooperative agreement entered 
        into under paragraph (1), the Secretary of Agriculture shall, 
        upon request, have access to all royalty accounting information 
        in the possession of the Secretary with respect to the 
        production, removal, or sale of hardrock minerals, 
        concentrates, or products derived therefrom from claims or 
        leases on land open to mineral exploration and production under 
        this Act.
            (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, 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 of information.--The Secretary, the 
                Secretary of Agriculture, and other Federal officials 
                shall ensure that the information described in 
                subparagraph (A) is provided protection in accordance 
                with the requirements of that section.
    (h) Interest and Substantial Underreporting Assessments.--
            (1) Payments not received.--
                    (A) In general.--In the case of mining claims or 
                leases where royalty payments are not received by the 
                Secretary on the date that such payments are due, the 
                Secretary shall charge interest on such underpayments 
                at the same interest rate as the rate applicable under 
                section 6621(a)(2) of the Internal Revenue Code of 
                1986.
                    (B) Computation.--In the case of an underpayment, 
                interest shall be computed and charged only on the 
                amount of the deficiency and not on the total amount.
            (2) Underreporting.--If there is any underreporting of 
        royalty owed on production from a claim or lease for any 
        production month by any person liable for royalty payments 
        under this section, the Secretary shall assess a penalty of not 
        more than 25 percent of the amount of the underreporting.
            (3) Self-reporting.--The Secretary may waive or reduce the 
        assessment under paragraph (2) if the person liable for royalty 
        payments under this section corrects the underreporting before 
        the later of--
                    (A) the date such person receives notice from the 
                Secretary that an underreporting may have occurred; and
                    (B) the date that is 90 days after the effective 
                date of this Act.
            (4) Waiver.--The Secretary shall waive any portion of an 
        assessment under paragraph (2) attributable to that portion of 
        the underreporting for which the person responsible for paying 
        the royalty demonstrates that such person--
                    (A) had written authorization from the Secretary to 
                report royalty on the value of the production on the 
                basis on which it was reported;
                    (B) had substantial authority for reporting royalty 
                on the value of the production on the basis on which it 
                was reported;
                    (C) previously had notified the Secretary, in such 
                manner as the Secretary may by regulation issue, of 
                relevant reasons or facts affecting the royalty 
                treatment of specific production which led to the 
                underreporting; or
                    (D) meets any other exception which the Secretary 
                may, by regulation, establish.
            (5) Abandoned hardrock mine reclamation program.--All 
        penalties collected under this subsection shall be shall be 
        made available to carry out, to remain available until expended 
        without fiscal year limitation, the Abandoned Hardrock Mine 
        Reclamation Program.
            (6) Underreporting defined.--In this subsection, the term 
        ``underreporting'' means the difference between the royalty on 
        the value of the production that should have been reported and 
        the royalty on the value of the production which was reported, 
        if the value that should have been reported is greater than the 
        value that was reported.
    (i) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on all hardrock minerals, concentrates, or products derived 
therefrom that are lost or wasted from a mining claim or lease if such 
loss or waste is due to negligence on the part of any person or due to 
the failure to comply with this section.
    (j) Failure To Comply With Royalty Requirements.--Any person who 
fails to comply with the requirements of this section shall be liable 
for a civil penalty under section 109 of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1719) to the same extent as 
if the claim or lease maintained in compliance with this Act were a 
lease under such Act.
    (k) Gross Income From Mining Defined.--In this section, for any 
hardrock mineral, the term ``gross income from mining'' has the meaning 
given the term ``gross income'' in section 613(c) of the Internal 
Revenue Code of 1986.
    (l) Effective Date.--Royalties under this Act shall take effect 
with respect to the production of hardrock minerals after the effective 
date of this Act, but any royalty payments attributable to production 
during the first 12 calendar months after the effective date of this 
Act shall be payable at the expiration of such 12-month period.

SEC. 108. EXISTING PRODUCTION.

    (a) In General.--The claim holder of a mining claim located or 
converted under this Act for which mineral activities have commenced 
under an approved plan of operations as of the effective date of this 
Act shall have the exclusive right of possession and use of the land 
subject to such mining claim for mineral activities, including the 
right of ingress and egress to such land for mineral activities, 
subject to the rights of the United States under this Act and other 
applicable Federal law.
    (b) Termination.--The rights of the claim holder under subsection 
(a) shall terminate upon completion of mineral activities on such land 
to the satisfaction of the Secretary.

SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE.

    (a) Fee.--
            (1) In general.--
                    (A) Required fees.--
                            (i) In general.--Except as provided in 
                        section 2511(e)(2) of the Energy Policy Act of 
                        1992 (30 U.S.C. 242(e)(2)) and as otherwise 
                        provided in this Act, for each unpatented 
                        mining claim, millsite, or tunnel site on 
                        Federal land, whether located before or on the 
                        effective date of this Act, each such claimant 
                        shall pay to the Secretary, on or before 
                        September 1 of each year, a claim maintenance 
                        fee of $200 per claim to hold such unpatented 
                        mining claim, millsite, or tunnel site for the 
                        assessment year beginning at noon the following 
                        day.
                            (ii) Fee in place of assessment work.--A 
                        claim maintenance fee paid under clause (i) 
                        shall be in lieu of the assessment work 
                        requirement in the Mining Law of 1872 (30 
                        U.S.C. 28 et seq.) and the related filing 
                        requirements in sections 314(a) and (c) of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1744(a) and (c)).
                    (B) Fee adjustments.--Any adjustment to a fee under 
                this subsection made under section 502 shall begin to 
                apply in the first assessment year which begins after 
                the adjustment is made.
                    (C) Exception for small miners.--Subparagraph (A) 
                and the assessment work requirement in the Mining Law 
                of 1872 (30 U.S.C. 28 et seq.) shall not apply with 
                respect to a small miner's lease.
            (2) Reclamation program.--Moneys received under this 
        subsection that are not otherwise allocated for the 
        administration of this Act by the Secretary shall be made 
        available to carry out, to remain available until expended 
        without fiscal year limitation, the Abandoned Hardrock Mine 
        Reclamation Program.
    (b) Co-Ownership.--The co-ownership provisions of the Mining Law of 
1872 (30 U.S.C. 28 et seq.) shall remain in effect except that the 
annual claim maintenance fee under subsection (a), where applicable, 
shall replace applicable assessment requirements and expenditures under 
that Act.
    (c) Failure To Pay.--Failure to pay the claim maintenance fee under 
subsection (a) in a timely manner shall conclusively constitute a 
forfeiture of the unpatented mining claim, millsite, or tunnel site by 
the claimant and the claim, millsite, or tunnel site shall be deemed 
null and void by operation of law.
    (d) Other Requirements.--
            (1) Required filings.--Nothing in this section shall change 
        or modify the requirements of section 314(b) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)) or 
        the requirements of section 314(c) of that Act (43 U.S.C. 
        1744(c)) related to filings required by section 314(b) of that 
        Act (43 U.S.C. 1744(b)), which remain in effect.
            (2) Mining law of 1872.--Section 2324 of the Mining Law of 
        1872 (30 U.S.C. 28) is amended by inserting ``or section 103(a) 
        of the Clean Energy Minerals Reform Act of 2023'' after ``Act 
        of 1993''.

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

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

SEC. 111. PROTECTION OF SPECIAL PLACES.

    (a) Protection of National Park System Units and National 
Monuments.--No agency may authorize any mineral activity that would 
impair the land or resources of a unit of the National Park System or a 
national monument, including--
            (1) any diminution of the affected land, including 
        wildlife, scenic assets, water resources, air quality, and 
        acoustic qualities; or
            (2) other changes that would impair the experience of a 
        citizen at the National Park System unit or a national 
        monument.
    (b) Protection of National Conservation System Units.--In order to 
protect the resources and values of National Conservation System units, 
the Secretary, as appropriate, shall use authority under this Act and 
other applicable law to the fullest extent necessary to prevent mineral 
activities that could have an adverse impact on the resources or values 
for which such units were established.
    (c) Lands Not Open to Mining.--Notwithstanding any other provision 
of law and subject to valid existing rights, no agency shall authorize 
mineral activities within any of the following areas:
            (1) Sacred sites.
            (2) Wilderness study areas.
            (3) Habitat designated as critical habitat under section 4 
        of the Endangered Species Act of 1973 (16 U.S.C. 1533).
            (4) Areas of critical environmental concern (as such term 
        is defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)).
            (5) Units of the National Conservation System.
            (6) Areas designated for inclusion in the National Wild and 
        Scenic Rivers System pursuant to the Wild and Scenic Rivers Act 
        (16 U.S.C. 1271 et seq.), areas designated for potential 
        addition to such system pursuant to section 5(a) of that Act 
        (16 U.S.C. 1276(a)), and areas determined to be eligible for 
        inclusion in such system pursuant to section 5(d) of such Act 
        (16 U.S.C. 1276(d)).
            (7) Inventoried Roadless Areas under the Roadless Area 
        Conservation Rule, part 294 of title 36, Code of Federal 
        Regulations, Colorado Roadless Areas, or Idaho Roadless Areas.

SEC. 112. SUITABILITY DETERMINATION.

    (a) In General.--In accordance with subsection (b), the Secretary 
concerned shall make each determination of whether land is suitable for 
mineral activities that is required by this Act.
    (b) Suitability.--
            (1) In general.--The Secretary concerned shall consider 
        land suitable for mineral activities if the Secretary concerned 
        finds that such mineral activities would not result in 
        unnecessary or undue degradation to a special characteristic 
        described in paragraph (2) of such land that cannot be 
        prevented by the imposition of conditions in the permit 
        required for such activities under title III.
            (2) Special characteristics.--For purposes of paragraph 
        (1), the Secretary concerned shall consider each of the 
        following to be a special characteristic:
                    (A) The existence of a significant water resource 
                or supply in or associated with such land, including 
                any aquifer or aquifer recharge area.
                    (B) The presence on such land, or any adjacent 
                land, of a publicly owned place that is listed on, or 
                determined by the Secretary to be eligible for listing 
                on, the National Register of Historic Places.
                    (C) The designation of all or any portion of such 
                land, or any adjacent land, as a National Conservation 
                System unit.
                    (D) The designation of all or any portion of such 
                land, or any adjacent land, as critical habitat under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                    (E) The designation of all or any portion of such 
                land, or any adjacent land, as a class I area under 
                section 162 of the Clean Air Act (42 U.S.C. 7472).
                    (F) The presence of such other resource values as 
                the Secretary concerned may by regulation specify, 
                determined based upon field testing, evaluation, or 
                credible information that verifies such values.
                    (G) The designation of such land, or adjacent land, 
                as a Research Natural Area.
                    (H) The presence on such land, or any adjacent 
                land, of a sacred site.
                    (I) The presence or designation of such land 
                adjacent to land not open to mining pursuant to section 
                111.
            (3) Public comment.--A determination under this subsection 
        of suitability for mineral activities shall be made after 
        publication of notice and an opportunity for submission of 
        public comment for a period of not less than 60 days.
            (4) Inclusion in federal land use plan.--Any determination 
        made in accordance with this subsection with respect to land 
        shall be incorporated into each Federal land use plan 
        applicable to such land, at the time such Federal land use plan 
        is adopted, revised, or significantly amended pursuant to any 
        Federal law other than this Act.
    (c) Change Request.--The Secretary concerned shall, by regulation, 
provide an opportunity for any person to request a change in 
determination for any Federal land found suitable under subsection (a).
    (d) Existing Operations.--Nothing in this section shall be 
construed to affect land on which mineral activities were being 
conducted on the effective date of this Act under an approved plan of 
operations or under notice.

                    TITLE II--CONSULTATION PROCEDURE

SEC. 201. REQUIREMENT FOR CONSULTATION.

    Agencies shall conduct meaningful timely consultation with Indian 
Tribes following the procedures of the President's Memorandum of 
Uniform Standards for Tribal Consultation, issued on November 30, 2022, 
before undertaking any mineral activities that may have a direct, 
indirect, or cumulative impact on--
            (1) the land, including allotted, ceded, or traditional 
        land, or interests in such land of an Indian Tribe or member of 
        an Indian Tribe;
            (2) Tribal land, cultural practices, resources, or access 
        to traditional areas of cultural or religious importance;
            (3) any part of any Federal land that shares a border with 
        Indian country, as such term is defined in section 1151 of 
        title 18, United States Code;
            (4) the protected rights of an Indian Tribe, whether or not 
        such rights are enumerated in a treaty, including water, 
        hunting, gathering, and fishing rights;
            (5) the ability of an Indian Tribe to govern or provide 
        services to members of the Indian Tribe;
            (6) the relationship between the Federal Government and an 
        Indian Tribe; or
            (7) the trust responsibility of the Federal Government to 
        an Indian Tribe.

  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

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

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

SEC. 302. PERMITS.

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

SEC. 303. EXPLORATION PERMIT.

    (a) Authorized Exploration Activity.--
            (1) In general.--A person may apply for an exploration 
        permit for any mining claim, license, or lease authorizing the 
        applicant to remove a reasonable amount of the hardrock 
        minerals, as defined in the license or lease or established in 
        such regulations as the Secretary shall issue, from the area 
        that is subject to the mining claim, license, or lease, 
        respectively, for analysis, study, and testing.
            (2) Limitation.--Such permit shall not authorize the 
        applicant to remove any mineral for sale nor to conduct any 
        activities other than those required for exploration for 
        hardrock minerals and reclamation.
    (b) Permit Application Requirements.--To apply for an exploration 
permit under this section, a person shall submit to the Secretary 
concerned an application for such permit in a manner determined 
satisfactory by the Secretary concerned, which shall include--
            (1) an exploration plan;
            (2) a reclamation plan for the proposed exploration; and
            (3) such documentation as is necessary to ensure compliance 
        with applicable Federal and State environmental laws and 
        regulations.
    (c) Reclamation Plan Requirements.--The reclamation plan required 
to be included in a permit application under subsection (b) shall 
include such provisions as may be jointly issued by the Secretary and 
the Secretary of Agriculture by regulation, including the following 
requirements:
            (1) The applicant has demonstrated that proposed 
        reclamation can be accomplished.
            (2) The proposed exploration activities and condition of 
        the land after the completion of exploration activities and 
        final reclamation will conform with the land use plan 
        applicable to the area subject to mineral activities.
            (3) The area subject to the proposed exploration permit is 
        not included within an area listed in section 111.
            (4) The applicant has demonstrated that the exploration 
        plan and reclamation plan will be in compliance with the 
        requirements of this Act and all other applicable Federal 
        requirements, and any State requirements agreed to by the 
        Secretary concerned.
            (5) The applicant has demonstrated that the requirements of 
        section 306 will be met.
            (6) The applicant is eligible to receive a permit under 
        section 305.
    (d) Term of Permit.--An exploration permit shall be for a stated 
term, which shall be--
            (1) not greater than that necessary to accomplish the 
        proposed exploration; and
            (2) in no case for more than 10 years.
    (e) Permit Modification.--
            (1) In general.--An exploration permit holder may, during 
        the term of the exploration permit, submit to the Secretary 
        concerned an application to modify such permit.
            (2) Approval of modification.--To approve a proposed 
        modification to the permit, the Secretary concerned shall make 
        the same determinations as are required in the case of an 
        original permit, except that the Secretary and the Secretary of 
        Agriculture may specify by joint regulation the extent to which 
        requirements for initial exploration permits under this section 
        shall apply to applications to modify an exploration permit 
        based on whether the Secretary concerned determines such 
        modifications are significant or minor.
    (f) Transfer, Assignment, or Sale of Rights.--
            (1) Prior written approval.--No transfer, assignment, or 
        sale of rights granted by an exploration permit issued under 
        this section may be made without the prior written approval of 
        the Secretary concerned.
            (2) Approval.--The Secretary concerned shall allow an 
        exploration permit holder to transfer, assign, or sell rights 
        under such permit to a successor, if the Secretary concerned 
        finds in writing that the successor--
                    (A) is eligible to receive a permit under section 
                304;
                    (B) has submitted evidence of financial assurance 
                satisfactory under section 306; and
                    (C) meets any other requirements specified by the 
                Secretary concerned.
            (3) Assumed liability.--The successor in interest shall 
        assume the liability and reclamation responsibilities 
        established by the existing exploration permit and shall 
        conduct the mineral activities in full compliance with this 
        Act, and the terms and conditions of the exploration permit as 
        in effect at the time of transfer, assignment, or sale.
            (4) Fee.--Each application for approval of an exploration 
        permit transfer, assignment, or sale pursuant to this 
        subsection shall be accompanied by a fee payable to the 
        Secretary concerned in such amount as may be established by the 
        Secretary concerned, which shall be equal to the actual or 
        anticipated cost to the Secretary concerned of reviewing and 
        approving or disapproving such transfer, assignment, or sale, 
        as determined by the Secretary concerned.

SEC. 304. OPERATIONS PERMIT.

    (a) Operations Permit.--
            (1) In general.--A person that is in compliance with this 
        Act may apply to the Secretary concerned for an operations 
        permit authorizing the person to carry out mineral activities 
        on--
                    (A) any valid mining claim, millsite, tunnel site, 
                or lease issued under this Act; and
                    (B) such additional Federal land as the Secretary 
                concerned may determine is necessary to conduct the 
                proposed mineral activities, if the operator--
                            (i) obtains a right-of-way permit for use 
                        of such additional lands under title V of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1761 et seq.); and
                            (ii) agrees to pay all fees required under 
                        that title for such permit.
            (2) Terms and conditions.--The Secretary concerned shall 
        include in each permit issued under this section such terms and 
        conditions as the Secretary concerned determines necessary to 
        carry out this title.
    (b) Permit Application Requirements.--To apply for an operations 
permit under this section, a person shall submit to the Secretary 
concerned an application for such permit in a manner determined 
satisfactory by the Secretary concerned, which shall include site 
characterization data, an operations plan, a reclamation plan, 
monitoring plans, long-term maintenance plans, to the extent necessary, 
and such documentation as necessary to ensure compliance with 
applicable Federal and State environmental laws and regulations. If the 
proposed mineral activities will be carried out in conjunction with 
mineral activities on adjacent non-Federal land, information on the 
location and nature of such operations may be required by the 
Secretary.
    (c) Permit Issuance or Denial.--
            (1) In general.--After providing for public participation 
        pursuant to subsection (i), the Secretary concerned shall issue 
        an operations permit if the Secretary concerned makes each of 
        the following determinations in writing, and shall deny an 
        operations permit if the Secretary concerned finds that the 
        application and applicant do not fully meet the following 
        requirements:
                    (A) The permit application, including the site 
                characterization data, operations plan, and reclamation 
                plan, are complete, accurate, and sufficient to develop 
                a good understanding of the anticipated impacts of the 
                mineral activities and the effectiveness of proposed 
                mitigation and control of such mineral activities.
                    (B) The applicant has demonstrated that the 
                proposed reclamation in the operations and reclamation 
                plans can be and is likely to be accomplished by the 
                applicant and will not cause unnecessary or undue 
                degradation.
                    (C) The condition of the land subject to the 
                operations permit, including the fish and wildlife 
                resources and habitat contained thereon, will be fully 
                reclaimed after the completion of mineral activities.
                    (D) The area subject to the proposed plan is not 
                listed in section 111 or otherwise ineligible for 
                mineral activities.
                    (E) The proposed operation has been designed to 
                prevent material damage to the hydrologic balance 
                outside the land subject to the operations permit.
                    (F) The applicant will fully comply with the 
                requirements of section 306 before the initiation of 
                operations.
                    (G) Neither the applicant nor operator (or any 
                subsidiary or affiliate the applicant or operator) is 
                ineligible to receive a permit under section 305.
                    (H) The reclamation plan demonstrates that 10 years 
                after the end of mineral activities under the 
                operations permit, no treatment of surface or ground 
                water for carcinogens or toxins will be required to 
                meet water quality standards at the point of discharge.
            (2) Consultation with environmental protection agency.--
        With respect to any activities specified in the reclamation 
        plan referred to in subsection (b) that constitute a removal or 
        remedial action under section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601), the Secretary concerned shall consult with 
        the Administrator of the Environmental Protection Agency before 
        the issuance of an operations permit, who shall ensure that the 
        reclamation plan does not require activities that would 
        increase the costs or likelihood of removal or remedial actions 
        under the that Act (42 U.S.C. 9601 et seq.) or corrective 
        actions under the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.).
    (d) Term of Permit; Renewal.--
            (1) In general.--An operations permit shall--
                    (A) be for an initial term not longer than the 
                shorter of--
                            (i) the period necessary to accomplish the 
                        proposed mineral activities subject to the 
                        permit; and
                            (ii) the length of time remaining on the 
                        hardrock mining lease of the applicant;
                    (B) be renewed for additional 10-year periods if--
                            (i) the operation subject to the permit is 
                        in compliance with the requirements of this Act 
                        and other applicable law; and
                            (ii) the hardrock mining lease of the 
                        applicant has been renewed for that 10-year 
                        period; and
                    (C) expire 5 years after the commencement of a 
                temporary cessation unless, before the expiration of 
                the 5 years, the operator has filed with the Secretary 
                concerned a request for approval to resume operations.
            (2) Failure to commence mineral activities.--Failure by the 
        operator to commence mineral activities not later than 2 years 
        after the date scheduled in an operations permit shall require 
        a modification of the permit if the Secretary concerned 
        determines that modifications are necessary to comply with 
        section 111.
    (e) Permit Modification.--
            (1) Application.--An operator may, during the term of the 
        operations permit, submit to the Secretary concerned an 
        application to modify such permit or the operations plan or 
        reclamation plan associated with such permit.
            (2) Modification by secretary concerned.--
                    (A) In general.--At any time, the Secretary 
                concerned may require reasonable modification to any 
                operations plan or reclamation plan upon a 
                determination that the requirements of this Act cannot 
                be met if the plan is followed as approved, which shall 
                be based on a written finding and subject to public 
                notice and hearing requirements established by the 
                Secretary concerned.
                    (B) Waiver of public notice and hearing.--The 
                Secretary concerned may waive the public notice and 
                hearing requirements under subparagraph (A) in the case 
                of imminent threat to health, safety, or the 
                environment.
            (3) Unanticipated events or conditions.--A permit 
        modification is required before changes are made to the 
        approved operations plan, or if unanticipated events or 
        conditions exist on the land subject to the permit, including 
        in the case of--
                    (A) development of acid or toxic drainage;
                    (B) loss of springs or water supplies;
                    (C) water quantity, water quality, or other 
                resulting water impacts that are significantly 
                different than those predicted in the application for 
                the operations permit;
                    (D) the need for long-term water treatment;
                    (E) significant reclamation difficulties or 
                reclamation failure;
                    (F) the discovery of significant scientific or 
                biological resources that were not addressed in the 
                original plan;
                    (G) the discovery of property eligible for listing 
                on the National Register of Historic Places; or
                    (H) the discovery of a hazard to public safety.
    (f) Temporary Cessation of Operations.--
            (1) Secretarial approval required.--An operator conducting 
        mineral activities under an operations permit in effect under 
        this title may not temporarily cease mineral activities for a 
        period of more than 180 days unless the Secretary concerned has 
        approved such temporary cessation or unless the temporary 
        cessation is permitted under the original operations permit.
            (2) Previously issued operations permits.--An operator that 
        temporarily ceases mineral activities for a period of more than 
        90 days under an operations permit issued before the effective 
        date of this Act shall submit, before the expiration of such 
        90-day period, a complete application for temporary cessation 
        of operations to the Secretary concerned for approval unless 
        the temporary cessation is permitted under the original 
        operations permit.
            (3) Required information.--
                    (A) In general.--To apply for an approval of 
                temporary cessation of operations, an operator shall 
                submit to the Secretary concerned such information 
                required under subsection (b) and any other provisions 
                prescribed by the Secretary concerned to minimize 
                impacts on human health, the environment, or property 
                eligible for listing on the National Register of 
                Historic Places.
                    (B) Inspection.--After receipt of a complete 
                application for temporary cessation of operations, the 
                Secretary concerned shall conduct an inspection of the 
                area for which temporary cessation of operations has 
                been requested.
            (4) Conditions for approval.--The Secretary concerned may 
        approve an application for temporary cessation of operations if 
        such Secretary determines the following:
                    (A) The methods for securing surface facilities and 
                restricting access to the land subject to the 
                operations permit, or relevant portions thereof, will 
                effectively protect against hazards to the health and 
                safety of the public and fish and wildlife or damage to 
                property eligible for listing on the National Register 
                of Historic Places.
                    (B) Reclamation is in compliance with the approved 
                reclamation plan, except in those areas specifically 
                designated in the application for temporary cessation 
                of operations for which a delay in meeting such 
                standards is necessary to facilitate the resumption of 
                operations.
                    (C) The amount of financial assurance filed with 
                the permit application is sufficient to ensure 
                completion of the reclamation activities identified in 
                the approved reclamation plan in the event of 
                forfeiture.
                    (D) Any outstanding notices of violation and 
                cessation orders incurred in connection with the plan 
                for which temporary cessation is being requested are 
                either stayed pursuant to an administrative or judicial 
                appeal proceeding or are in the process of being abated 
                to the satisfaction of the Secretary concerned.
    (g) Permit Reviews.--The Secretary concerned shall review each 
operations permit issued under this section every 10 years during the 
term of such operations permit, and before approving the resumption of 
operations under subsection (f), the Secretary concerned shall require 
the operator to take such actions as the Secretary concerned deems 
necessary to ensure that mineral activities conform to the operations 
permit, including adjustment of financial assurance requirements.
    (h) Transfer, Assignment, or Sale of Rights.--
            (1) Written approval.--No transfer, assignment, or sale of 
        rights granted by an operations permit under this section may 
        be made without the prior written approval of the Secretary 
        concerned.
            (2) Conditions of approval.--The Secretary concerned may 
        allow a permit holder to transfer, assign, or sell rights under 
        the permit to a successor, if the Secretary concerned finds, in 
        writing, that the successor--
                    (A) has submitted all required information and is 
                eligible to receive a permit in accordance with section 
                305;
                    (B) has submitted evidence of financial assurance 
                satisfactory under section 306; and
                    (C) meets any other requirements specified by the 
                Secretary concerned.
            (3) Assumed liability.--The successor described in 
        paragraph (2) shall assume the liability and reclamation 
        responsibilities established by the existing operations permit 
        and shall conduct the mineral activities in full compliance 
        with this Act and the terms and conditions of the operations 
        permit as in effect at the time of transfer, assignment, or 
        sale.
            (4) Fee.--Each application for approval of an operations 
        permit transfer, assignment, or sale pursuant to this 
        subsection shall be accompanied by a fee payable to the 
        Secretary concerned in such amount as may be established by the 
        Secretary concerned, which shall be equal to the actual or 
        anticipated cost of reviewing and approving or disapproving 
        such transfer, assignment, or sale, as determined by the 
        Secretary concerned.
    (i) Public Participation.--The Secretary and the Secretary of 
Agriculture shall jointly issue regulations to ensure transparency and 
public participation in permit decisions required under this Act, 
consistent with any requirements that apply to such decisions under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).

SEC. 305. PERSONS INELIGIBLE FOR PERMITS.

    (a) Current Violations.--Unless corrective action has been taken in 
accordance with subsection (c), no permit under this title may be 
issued, transferred, assigned, or sold to an applicant if the applicant 
or any agent of the applicant, the operator (if different from the 
applicant), any claim or lease holder (if different from the applicant) 
of the claim, license, or lease concerned, or any affiliate of the 
applicant is in violation of the following:
            (1) This Act.
            (2) An applicable State or Federal toxic substance, solid 
        waste, air, water quality, or fish and wildlife conservation 
        law or regulation at any site where mining, beneficiation, or 
        processing activities are occurring or have occurred.
            (3) The Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1201 et seq.) at any site where surface coal mining 
        operations are occurring or have occurred.
    (b) Suspension.--The Secretary concerned shall suspend a permit, in 
whole or in part, if the Secretary concerned determines that any of the 
entities described in subsection (a) were in violation of any 
requirement described in subsection (a) at the time such permit was 
issued.
    (c) Correction.--
            (1) Reinstatement.--
                    (A) In general.--The Secretary concerned may issue 
                or reinstate a permit under this title if the applicant 
                submits proof that--
                            (i) the violation under subsection (a) or 
                        (b) has been corrected or is in the process of 
                        being corrected to the satisfaction of the 
                        Secretary concerned and the regulatory 
                        authority involved; or
                            (ii) the violator has filed, and is 
                        pursuing at the time of such submission, a 
                        direct administrative or judicial appeal to 
                        contest the existence of the violation.
                    (B) Appeal of relationship to affiliate.--An appeal 
                of the relationship of an applicant to an affiliate 
                shall not constitute a direct administrative or 
                judicial appeal to contest the existence of the 
                violation under subparagraph (A)(ii).
            (2) Conditional approval.--
                    (A) In general.--A permit that is issued or 
                reinstated based upon proof submitted under this 
                subsection shall be conditionally issued or 
                conditionally reinstated, respectively.
                    (B) Suspension; revocation.--The Secretary 
                concerned shall suspend or revoke a permit that is 
                conditionally issued or conditionally reinstated if the 
                relevant violation is not successfully abated or is 
                upheld on appeal.
    (d) Pattern of Willful Violation.--No permit may be issued under 
this Act to any applicant if there is a demonstrated pattern of willful 
violations of the environmental protection requirements of this Act by 
the applicant, an affiliate of the applicant, or the operator or claim, 
license, or lease holder if different than the applicant.

SEC. 306. FINANCIAL ASSURANCE.

    (a) Financial Assurance Required.--
            (1) Form of assurance.--After a permit is issued under this 
        title and before any exploration or operations begin under the 
        relevant permit, the operator shall file with the Secretary 
        concerned evidence of financial assurance payable to the United 
        States, which shall be provided in the form of a surety bond, 
        letters of credit, certificates of deposit, or cash.
            (2) Covered activities.--The financial assurance required 
        under paragraph (1) shall cover all land within the initial 
        permit area and all affected waters that may require 
        restoration, treatment, or other management as a result of 
        mineral activities, and shall be extended to cover all land and 
        water added to the permit area pursuant to any permit 
        modification made under section 303(e) or 304(e) or affected by 
        mineral activities within the permit area.
    (b) Amount.--
            (1) In general.--The amount of the financial assurance 
        required under this section shall be sufficient to ensure the 
        completion of reclamation satisfying the requirements of this 
        Act if the work were to be performed by the Secretary 
        concerned, or by a third-party contractor hired by the 
        Secretary concerned, in the event of forfeiture, including the 
        construction and maintenance costs for any treatment facilities 
        necessary to meet Federal and State environmental requirements.
            (2) Calculation.--The calculation of the amount under 
        paragraph (1) shall take into account the maximum estimated 
        cost of reclamation, as determined by the best available 
        science, and administrative costs associated with a government 
        agency reclaiming the site.
    (c) Duration.--The financial assurance required under this section 
shall be held for the duration of the mineral activities and for an 
additional period sufficient to cover the responsibility of the 
operator for reclamation, long-term maintenance, and effluent treatment 
as specified in subsection (g).
    (d) Adjustments.--
            (1) In general.--The Secretary concerned may adjust the 
        amount of the financial assurance required under this section 
        and the terms of the acceptance of the financial assurance as 
        needed as the land subject to the relevant permit is increased 
        or decreased, the costs of reclamation or treatment change, or 
        pursuant to section 304(f), but the financial assurance shall 
        otherwise be in compliance with this section.
            (2) Review.--The Secretary concerned shall review the 
        financial assurance every 3 years and as part of the permit 
        application review under section 304(g).
    (e) Release.--The Secretary concerned may, upon request, after 
consultation with the Administrator of the Environmental Protection 
Agency, notice and opportunity for public comment, and inspection by 
the Secretary concerned, release, in whole or in part, the financial 
assurance required under this section if the Secretary concerned makes 
both of the following determinations:
            (1) Reclamation or restoration covered by the financial 
        assurance has been accomplished as required by this Act.
            (2) The terms and conditions of any other applicable 
        Federal requirements, and State requirements applicable 
        pursuant to cooperative agreements under section 308, have been 
        fulfilled.
    (f) Release Schedule.--The release referred to in subsection (e) 
shall be according to the following schedule:
            (1) After the operator has completed any required 
        backfilling, regrading, and drainage control of an area subject 
        to mineral activities and covered by the financial assurance, 
        and has commenced revegetation on the regraded areas subject to 
        mineral activities in accordance with the approved reclamation 
        plan, that portion of the total financial assurance secured for 
        the area subject to mineral activities attributable to the 
        completed activities may be released, except that sufficient 
        financial assurance must be retained to address other required 
        reclamation needs and to ensure the long-term success of the 
        revegetation.
            (2) After the operator has successfully completed all 
        remaining mineral activities and reclamation activities and all 
        requirements of the operations plan and the reclamation plan, 
        and all other requirements of this Act have been fully met, the 
        remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as 
specified in paragraph (1), until the remaining portion of the 
financial assurance is released as provided in paragraph (2), the 
operator shall be required to comply with the relevant permit issued 
under this title.
    (g) Effluent.--
            (1) In general.--Notwithstanding section 307(b)(2)(D), 
        where any discharge or other water-related condition resulting 
        from mineral activities requires treatment in order to meet 
        applicable effluent limitations and water quality standards, 
        the financial assurance shall include the estimated cost of 
        maintaining such treatment for the projected period that will 
        be needed after the cessation of mineral activities.
            (2) Release of financial assurance.--The portion of the 
        financial assurance attributable to such estimated cost of 
        treatment shall not be released until such discharge has ceased 
        for a period of 5 years, as determined by ongoing monitoring 
        and testing, or, if the discharge continues, until the operator 
        has met all applicable effluent limitations and water quality 
        standards for 5 full years without treatment.
    (h) Environmental Hazards.--If the Secretary concerned determines, 
after final release of a financial assurance, that an environmental 
hazard resulting from the mineral activities exists, or the terms and 
conditions of the exploration permit or operations permit of this Act 
were not fulfilled at the time of such release, the Secretary concerned 
shall issue an order under section 507 requiring the claim holder or 
operator (or any person who controls the claim holder or operator) to 
correct the condition such that applicable laws and regulations and any 
conditions from the operations plan are met.

SEC. 307. OPERATION AND RECLAMATION.

    (a) General Rule.--
            (1) In general.--An operator shall reclaim land subject to 
        mineral activities carried out under a permit issued under this 
        title to a condition capable of supporting--
                    (A) the uses which such land was capable of 
                supporting before surface disturbance by the operator; 
                or
                    (B) other beneficial uses which conform to 
                applicable land use plans as determined by the 
                Secretary concerned.
            (2) Contemporaneous reclamation.--Reclamation shall proceed 
        as contemporaneously as practicable with the conduct of mineral 
        activities, and in the case of a cessation of mineral 
        activities beyond that provided for as a temporary cessation 
        under this Act, reclamation activities shall begin immediately.
    (b) Operation and Reclamation Standards.--
            (1) In general.--The Secretary and the Secretary of 
        Agriculture shall jointly issue regulations that establish 
        operations and reclamation standards for mineral activities 
        permitted under this Act and may determine whether outcome-
        based performance standards or technology-based design 
        standards are most appropriate.
            (2) Inclusions.--The regulations required under paragraph 
        (1) shall address the following:
                    (A) Segregation, protection, and replacement of 
                topsoil or other suitable growth medium, and the 
                prevention, where possible, of soil contamination.
                    (B) Maintenance of the stability of all surface 
                areas.
                    (C) Control of sediments to prevent erosion and 
                manage drainage.
                    (D) Minimization of the formation and migration of 
                acidic, alkaline, metal-bearing, or other deleterious 
                leachate.
                    (E) Reduction of the visual impact of mineral 
                activities to the surrounding topography, including as 
                necessary pit backfill.
                    (F) Establishment of a diverse, effective, and 
                permanent vegetative cover of the same seasonal variety 
                native to the area affected by mineral activities, and 
                equal in extent of cover to the natural vegetation of 
                the area.
                    (G) Design and maintenance of leach operations, 
                impoundments, and excess waste according to standard 
                engineering standards to achieve and maintain stability 
                and reclamation of the site.
                    (H) Removal of structures and roads and sealing of 
                drill holes.
                    (I) Restoration of, or mitigation for, fish and 
                wildlife habitat disturbed by mineral activities.
                    (J) Preservation of cultural, paleontological, and 
                cave resources.
                    (K) Prevention and suppression of fire within the 
                area affected by mineral activities.
    (c) Surface or Ground Water Withdrawals.--The Secretary concerned 
shall work with State and local governments with authority over the 
allocation and use of surface and ground water in the area around the 
mine site as necessary to ensure that any surface or ground water 
withdrawals made as a result of mineral activities approved under this 
title do not cause undue degradation.
    (d) Special Rule.--Reclamation activities for a mining claim, 
license, or lease that has been forfeited, relinquished, or lapsed, or 
a plan that has expired or been revoked or suspended, shall continue 
subject to review and approval by the Secretary concerned.

SEC. 308. STATE LAW AND REGULATION.

    (a) State Law.--
            (1) Reclamation, land use, environmental, and public health 
        standards.--Any reclamation, land use, environmental, or public 
        health protection standard or requirement in State law that 
        meets or exceeds the requirements of this Act shall not be 
        construed to be inconsistent with any such standard.
            (2) Bonding requirements.--Any bonding standard or 
        requirement in State law that meets or exceeds the requirements 
        of this Act shall not be construed to be inconsistent with such 
        requirements.
            (3) Inspection standards.--Any inspection standard or 
        requirement in State law that meets or exceeds the requirements 
        of this Act shall not be construed to be inconsistent with such 
        requirements.
    (b) Applicability of Other State Requirements.--
            (1) Environmental standards.--Nothing in this Act may be 
        construed to affect any toxic substance, solid waste, or air or 
        water quality standard or requirement of any State, local, or 
        Tribal law that may be applicable to mineral activities on land 
        subject to this Act.
            (2) Water resources.--Nothing in this Act may be construed 
        to affect the right of any person to enforce or protect, under 
        applicable law, the interest of such person in water resources 
        affected by mineral activities on land subject to this Act.
    (c) Cooperative Agreements.--
            (1) In general.--A State may enter into a cooperative 
        agreement with the Secretary concerned for the purpose of the 
        Secretary concerned applying such standards and requirements 
        referred to in subsections (a) and (b) to mineral activities or 
        reclamation on land subject to this Act.
            (2) Common regulatory framework.--
                    (A) In general.--If a proposed mineral activity 
                would affect land not subject to this Act in addition 
                to land subject to this Act, in order to approve a plan 
                of operations, the Secretary concerned shall enter into 
                a cooperative agreement with the State that establishes 
                a common regulatory framework consistent with the 
                requirements of this Act for the purposes of such plan 
                of operations.
                    (B) Authority of federal government.--Any common 
                regulatory framework established under subparagraph (A) 
                may not negate the authority of the Federal Government 
                to independently inspect mines and operations and bring 
                enforcement actions for violations.
            (3) Notice and public comment.--The Secretary concerned may 
        not enter into a cooperative agreement with a State under this 
        section until after notice in the Federal Register and 
        opportunity for public comment and hearing.
    (d) Prior Agreements.--Any cooperative agreement between the 
Secretary concerned and a State, or political subdivision thereof, 
relating to the management of mineral activities on land subject to 
this Act that was in existence on the effective date of this Act may 
only continue in force until 1 year after the effective date of this 
Act, during which such period the Secretary concerned and the State 
shall review the terms of such agreement or other understanding and 
make changes that are necessary to be consistent with this Act.

         TITLE IV--ABANDONED HARDROCK MINE RECLAMATION PROGRAM

SEC. 401. FUNDS CREDITED TO THE ABANDONED HARDROCK MINE RECLAMATION 
              PROGRAM.

    (a) In General.--The following amounts shall be made available to 
carry out, to remain available until expended without fiscal year 
limitation, the Abandoned Hardrock Mine Reclamation Program:
            (1) All moneys collected pursuant to sections 502 and 506.
            (2) All fees received under section 304(a)(1)(B).
            (3) All gifts contributed under subsection (b)(1).
            (4) All amounts deposited in the Abandoned Hardrock Mine 
        Reclamation Program under title I.
            (5) All amounts displaced material reclamation fees paid 
        under section 402.
    (b) Donations.--
            (1) Acceptance.--The Secretary may accept a gift of money, 
        to remain available until expended without fiscal year 
        limitation, to carry out the Abandoned Hardrock Mine 
        Reclamation Program.
            (2) Rejection.--The Secretary may reject a gift under 
        paragraph (1) if such rejection is in the interest of the 
        Federal Government.

SEC. 402. DISPLACED MATERIAL RECLAMATION FEE.

    (a) Imposition of Fee.--Except as provided in subsection (g), each 
operator conducting mineral activities shall pay to the Secretary a 
displaced material reclamation fee of 7 cents per ton of displaced 
material.
    (b) Payment Deadline.--An operator shall pay the reclamation fee 
required by subsection (a) with respect to each calendar year beginning 
with the first calendar year that begins after the effective date of 
this Act not later than March 1 of the succeeding year.
    (c) Submission of Statement.--Each operator conducting mineral 
activities shall submit to the Secretary a statement of the amount of 
displaced material produced during mineral activities carried out 
during the preceding calendar year, the accuracy of which shall be 
sworn to by the operator and notarized.
    (d) Criminal Penalty.--Any corporate officer, agent, or director of 
an operator conducting mineral activities, and any other person acting 
on behalf of such a person, who knowingly makes any false statement, 
representation, or certification, or knowingly fails to make any 
statement, representation, or certification required under this section 
with respect to such mineral activities shall, upon conviction, be 
punished by a fine of not more than $10,000 for deposit in the 
Abandoned Hardrock Mine Reclamation Program.
    (e) Civil Action To Recover Fee.--Any portion of the reclamation 
fee required under subsection (a) that is not properly or promptly paid 
pursuant to this section shall be recoverable, with statutory interest, 
from the operator, in any court of competent jurisdiction in any action 
at law to compel payment of debts.
    (f) Effect.--Nothing in this section requires a reduction in, or 
otherwise affects, any similar fee required under any law or regulation 
of any State.
    (g) Exemption.--The fee under this section shall not apply for a 
small miner's lease.

                     TITLE V--ADDITIONAL PROVISIONS

SEC. 501. POLICY FUNCTIONS.

    (a) Minerals Policy.--Section 101 of the Mining and Minerals Policy 
Act of 1970 (30 U.S.C. 21a) is amended--
            (1) by inserting ``and to ensure that mineral extraction 
        and processing do not cause unnecessary or undue degradation of 
        the natural and cultural resources of the public lands'' after 
        ``activities''; and
            (2) by adding at the end the following: ``It shall also be 
        the responsibility of the Secretary of Agriculture to carry out 
        the policy provisions of paragraphs (1) and (2) of this 
        section.''.
    (b) Mineral Data.--Section 5(e)(3) of the National Materials and 
Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
1604(e)(3)) is amended by inserting before the period the following: 
``, except that for National Forest System lands, the Secretary of 
Agriculture shall promptly initiate actions to improve the availability 
and analysis of mineral data in Federal land-use decisionmaking''.

SEC. 502. USER FEES AND INFLATION ADJUSTMENT.

    (a) User Fees.--The Secretary and the Secretary of Agriculture may 
each establish and collect from persons subject to the requirements of 
this Act such user fees as may be necessary to reimburse the United 
States for expenses incurred in the administration of such 
requirements. Fees may be assessed and collected under this section 
only in such manner as may reasonably be expected to result in an 
aggregate amount of the fees collected during any fiscal year which 
does not exceed the aggregate amount of administrative expenses 
referred to in this section.
    (b) Adjustment of User Fees.--
            (1) Inflation.--The Secretary shall adjust the user fees 
        established by this section, and all claim maintenance fees, 
        rental rates, penalty amounts, and other dollar amounts 
        established in this Act, to reflect changes in the Consumer 
        Price Index published by the Bureau of Labor Statistics of the 
        Department of Labor every 3 years after the effective date of 
        this Act, or more frequently if the Secretary determines an 
        adjustment to be reasonable.
            (2) Notice.--The Secretary shall provide claim holders, 
        license holders, and lease holders notice of any adjustment 
        made under this subsection not later than July 1 of the year in 
        which the adjustment is made.
            (3) Applicability.--A fee adjustment under this subsection 
        shall begin to apply the calendar year following the calendar 
        year in which it is made.

SEC. 503. INSPECTION AND MONITORING.

    (a) Inspections.--
            (1) In general.--The Secretary concerned shall conduct 
        inspections of mineral activities so as to ensure compliance 
        with the requirements of this Act.
            (2) Frequency.--
                    (A) In general.--The Secretary concerned shall 
                establish a frequency of inspections for mineral 
                activities conducted under a permit issued under title 
                III, but in no event shall such inspection frequency be 
                less than 1 complete inspection per calendar quarter 
                or, in the case of a permit for which the Secretary 
                concerned approves an application under section 304(f), 
                2 per calendar quarter.
                    (B) Frequency after revegetation.--After 
                revegetation has been completed in accordance with a 
                reclamation plan, the Secretary concerned shall conduct 
                2 complete inspections annually.
                    (C) Seasonal mineral activities.--The Secretary 
                concerned may modify the inspection frequency for 
                mineral activities that are conducted on a seasonal 
                basis.
                    (D) Termination.--Inspections shall continue under 
                this subsection until final release of financial 
                assurance.
            (3) By request.--
                    (A) In general.--Any person that has reason to 
                believe such person is or may be adversely affected by 
                mineral activities due to any violation of the 
                requirements of a permit approved under this Act may 
                request an inspection under this section of such 
                mineral activities.
                    (B) Review period.--Not later than 30 business days 
                after the date the Secretary concerned receives a 
                request under subparagraph (A), the Secretary concerned 
                shall determine whether the request states a reason to 
                believe that a violation exists.
                    (C) Imminent threat.--If, in a request submitted 
                under subparagraph (A), a person alleges and provides 
                reason to believe that an imminent threat to the 
                environment or danger to the health or safety of the 
                public exists, subparagraph (B) shall not apply and the 
                inspection shall be conducted immediately.
                    (D) Notification.--The Secretary concerned shall 
                notify the person that submitted a request under 
                subparagraph (A) when an inspection is conducted 
                pursuant to such request, and such person may accompany 
                the Secretary concerned during the inspection.
                    (E) Liability.--The Secretary concerned shall not 
                incur any liability for granting a request to allow any 
                person to accompany such Secretary concerned under 
                subparagraph (D).
                    (F) Anonymity.--If a person that submits a request 
                under subparagraph (A) or (C) requests that the 
                identity of such person remain confidential, the 
                Secretary concerned shall keep such information 
                confidential unless such person accompanies the 
                Secretary concerned during the inspection under 
                subparagraph (D).
                    (G) Procedures.--The Secretary and the Secretary of 
                Agriculture shall jointly issue regulations to 
                establish procedures for the review of--
                            (i) any decision by an authorized 
                        representative of such Secretaries not to carry 
                        out an inspection under this paragraph; or
                            (ii) any refusal by such authorized 
                        representative to ensure that remedial actions 
                        are taken with respect to any alleged 
                        violation.
                    (H) Written statement.--The Secretary concerned 
                shall give a person that submits a request under 
                subparagraph (A) a written statement of the reasons for 
                the final disposition of the request.
    (b) Monitoring.--
            (1) Monitoring system.--
                    (A) In general.--The Secretary concerned shall 
                require all operators to develop and maintain a 
                monitoring and evaluation system that shall identify 
                compliance with all requirements of a permit issued 
                under this Act.
                    (B) Additional monitoring.--The Secretary concerned 
                may require an operator to conduct additional 
                monitoring as necessary to ensure compliance with the 
                reclamation and other environmental standards of this 
                Act. Such monitoring and evaluation system described in 
                subparagraph (A) and any additional monitoring required 
                by this subparagraph is subject to the approval of the 
                Secretary.
            (2) Reporting requirements.--
                    (A) In general.--An operator shall file reports 
                with the Secretary concerned, on a frequency and 
                containing such information as determined by the 
                Secretary concerned, regarding the results of the 
                monitoring and evaluation system, except that if the 
                monitoring and evaluation system shows a violation of 
                the requirements of a permit issued under this Act, the 
                operator shall immediately report such violation to the 
                Secretary concerned.
                    (B) Enforcement.--The Secretary concerned shall 
                evaluate the reports submitted pursuant to this 
                paragraph, and, based on such reports and any necessary 
                inspection, shall take enforcement action pursuant to 
                section 506.
                    (C) Maintenance of reports; availability to 
                public.--The Secretary concerned and each operator 
                shall both maintain each report submitted by such 
                operator under this paragraph and make each such report 
                available to the public.
            (3) Failure to report.--If an operator fails to file a 
        report as required under this section such failure shall 
        constitute a violation of this Act and subject the operator to 
        enforcement action pursuant to section 506.

SEC. 504. CITIZENS SUITS.

    (a) In General.--Except as provided in subsection (c), any person 
may commence a civil action to compel compliance--
            (1) against any person that is alleged to be in violation 
        of this Act or any term or condition of any lease, license, or 
        permit issued under this Act; or
            (2) against the Secretary concerned if the Secretary 
        concerned failed to perform any act or duty under this Act, or 
        to issue any regulation under this Act, required by this Act.
    (b) District Court Jurisdiction.--
            (1) In general.--The United States district courts shall 
        have jurisdiction over an action brought under this section, 
        without regard to the amount in controversy or the citizenship 
        of the parties, including actions brought to apply any civil 
        penalty under this Act.
            (2) Agency action unreasonably delayed.--The United States 
        district courts shall have jurisdiction to compel agency action 
        unreasonably delayed, except that an action to compel agency 
        action reviewable under section 505 may only be filed in a 
        United States district court within the circuit in which such 
        action would be reviewable under section 505.
    (c) Exceptions.--
            (1) Notice.--No action may be commenced under subsection 
        (a) before the end of the 60-day period beginning on the date 
        the plaintiff has given notice in writing of such alleged 
        violation to the alleged violator and the Secretary concerned, 
        except that any such action may be brought immediately after 
        such notification if the violation complained of constitutes an 
        imminent threat to the environment or to the health or safety 
        of the public or to property eligible for listing on the 
        National Register of Historic Places.
            (2) Ongoing litigation.--No action may be brought against 
        any person other than the Secretary concerned under subsection 
        (a)(1) if the Secretary concerned has commenced and is 
        diligently prosecuting a civil or criminal action in a court of 
        the United States to require compliance.
            (3) Exception.--No action may be commenced under subsection 
        (a)(2) against the Secretary concerned to review any regulation 
        issued, or any permit issued or denied, by the Secretary 
        concerned if such regulation or permit issuance or denial is 
        judicially reviewable under section 505 or under any other 
        provision of law at any time after such issuance or denial is 
        final.
    (d) Venue.--Venue of all actions brought under this section shall 
be determined in accordance with section 1391 of title 28, United 
States Code.
    (e) Costs.--The court, in issuing any final order in any action 
brought pursuant to this section, may award costs of litigation 
(including attorney and expert witness fees) to any party whenever the 
court determines such award is appropriate. The court may, if a 
temporary restraining order or preliminary injunction is sought, 
require the filing of a bond or equivalent security in accordance with 
the Federal Rules of Civil Procedure.
    (f) Savings Clause.--
            (1) In general.--Nothing in this section shall restrict any 
        right which any person (or class of persons) may have under 
        chapter 7 of title 5, United States Code, under this section, 
        or under any other statute or common law to bring an action to 
        seek any relief against the Secretary or the Secretary of 
        Agriculture or against any other person, including any action 
        for any violation of this Act or of any regulation or permit 
        issued under this Act or for any failure to act as required by 
        law.
            (2) Jurisdiction.--Nothing in this section shall affect the 
        jurisdiction of any court under any provision of title 28, 
        United States Code, including any action for any violation of 
        this Act or of any regulation or permit issued under this Act 
        or for any failure to act as required by law.

SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Review by Secretary Concerned.--
            (1) Notice of violation.--Any person issued a notice of 
        violation or cessation order under section 507, or any person 
        having an interest which is or may be adversely affected by 
        such notice or order, may apply to the Secretary concerned for 
        review of such notice or order not later than 30 days after 
        receipt thereof, or as the case may be, not later than 30 days 
        after such notice or order is modified, vacated, or terminated.
            (2) Review of penalty.--Any person that is subject to a 
        penalty assessed under section 507 may apply to the Secretary 
        concerned for review of the assessment not later than 45 days 
        of notification of such penalty.
            (3) Third-party requests.--Any person may apply to the 
        Secretary concerned for review of a decision under this 
        subsection not later than 30 days after such decision is 
        issued.
            (4) Stays pending review.--Pending a review by the 
        Secretary concerned or resolution of an administrative appeal, 
        final decisions (except enforcement actions under section 507) 
        shall be stayed.
            (5) Public hearing.--The Secretary concerned shall provide 
        an opportunity for public hearing at the request of any party 
        to a review under paragraph (1). The filing of an application 
        for review under this subsection shall not operate as a stay of 
        any order or notice issued under section 507.
            (6) Written decision.--
                    (A) In general.--For any review under this 
                subsection, the Secretary concerned shall make findings 
                of fact and shall issue a written decision 
                incorporating therein an order vacating, affirming, 
                modifying, or terminating the notice, order, or 
                decision, or with respect to an assessment, the amount 
                of penalty that is warranted.
                    (B) Deadline.--Where an application for review 
                under this subsection concerns a cessation order issued 
                under section 506, the Secretary concerned shall, 
                unless temporary relief has been granted by the 
                Secretary concerned under paragraph (7), issue the 
                written decision not later than the later of--
                            (i) 30 days after the date of the receipt 
                        of the application for review; and
                            (ii) 30 days after the conclusion of any 
                        hearing referred to in paragraph (5).
            (7) Temporary relief.--
                    (A) In general.--Pending completion of any review 
                under this subsection, the person that submitted an 
                application for review under paragraph (1) may file 
                with the Secretary concerned a written request that the 
                Secretary concerned grant temporary relief from any 
                order issued under section 507 including a detailed 
                statement of the basis for such relief.
                    (B) Decision.--The Secretary concerned shall 
                expeditiously issue an order or decision granting or 
                denying an application for temporary relief submitted 
                under subparagraph (A).
                    (C) Limitation.--The Secretary concerned may grant 
                temporary relief under subparagraph (B) under such 
                conditions as they may prescribe only if the Secretary 
                concerned determines that such relief will not 
                adversely affect the health or safety of the public or 
                cause imminent environmental harm to land, air, or 
                water resources.
            (8) Savings clause.--The availability of review under this 
        subsection shall not be construed to limit the operation of 
        rights under section 504.
    (b) Judicial Review.--
            (1) Court of appeals for the district of columbia.--Any 
        final action by the Secretary or the Secretary of Agriculture 
        in issuing regulations to implement this Act, or any other 
        final actions constituting rulemaking to implement this Act, 
        shall be subject to judicial review only in a United States 
        Court of Appeals for a circuit in which an affected State is 
        located or within the District of Columbia.
            (2) Petition for review.--A petition for review of any 
        action subject to judicial review under this subsection shall 
        be filed not later than 60 days after the date of such action, 
        or after such date if the petition is based solely on grounds 
        arising after the 60th day. Any such petition may be made by 
        any person that commented or otherwise participated in the 
        rulemaking or any person that may be adversely affected by the 
        action of the Secretary or the Secretary of Agriculture.
            (3) Standard of review.--Final agency action under this 
        subsection, including such final action on those matters 
        described under subsection (a), shall be subject to judicial 
        review in accordance with paragraph (4) and pursuant to section 
        1391 of title 28, United States Code, not later than 60 days 
        after the date of such final action. Any action subject to 
        judicial review under this subsection shall be affirmed unless 
        the court concludes that such action is arbitrary, capricious, 
        or otherwise inconsistent with law.
            (4) Savings clause.--The availability of judicial review 
        established in this subsection shall not be construed to limit 
        the operations of rights under section 504.
            (5) Record.--The court shall hear any petition or complaint 
        filed under this subsection solely on the record made before 
        the Secretary concerned. The court may affirm or vacate any 
        order or decision or may remand the proceedings to the 
        Secretary concerned for such further action as it may direct.
            (6) Commencement of a proceeding not a stay.--The 
        commencement of a proceeding under this section shall not, 
        unless specifically ordered by the court, operate as a stay of 
        the action, order, or decision of the Secretary concerned.
    (c) Costs.--Whenever a proceeding occurs under subsection (a) or 
(b), at the request of any person, a sum equal to the aggregate amount 
of all costs and expenses (including attorney fees) as determined by 
the Secretary concerned or the court to have been reasonably incurred 
by such person for or in connection with participation in such 
proceedings, including any judicial review of the proceeding, may be 
assessed against either party as the court, in the case of judicial 
review, or the Secretary concerned in the case of administrative 
proceedings, deems appropriate if it is determined that such party 
prevailed in whole or in part, achieving some success on the merits, 
and that such party made a substantial contribution to a full and fair 
determination of the issues.

SEC. 506. REPORTING REQUIREMENTS.

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

SEC. 507. ENFORCEMENT.

    (a) Orders.--
            (1) Notice of violation.--
                    (A) In general.--If the Secretary concerned 
                determines that any person is in violation of any 
                environmental protection requirement or any regulation 
                issued by the Secretary concerned to implement this 
                Act, such the Secretary concerned shall issue to such 
                person a notice of violation describing the violation 
                and the corrective measures to be taken.
                    (B) Time to abate.--A person issued a notice of 
                violation under subparagraph (A) shall abate such 
                violation within a time period determined by the 
                Secretary concerned which shall not exceed 30 days.
                    (C) Extension of time to abate.--The Secretary 
                concerned may, upon a showing of good cause by the 
                person issued a notice of violation under subparagraph 
                (A), extend the period of time under subparagraph (B).
                    (D) Continued violation.--If, upon the expiration 
                of the time period under subparagraph (B), including 
                any extension under subparagraph (C), the Secretary 
                concerned finds that the person issued a notice of 
                violation under subparagraph (A) has not abated such 
                violation, the Secretary concerned shall immediately 
                order a cessation of all mineral activities or the 
                portion thereof relevant to the violation.
            (2) Order for immediate cessation.--If the Secretary 
        concerned determines that any condition or practice exists, or 
        that any person is in violation of any requirement under a 
        permit issued under this Act, and such condition, practice, or 
        violation is causing, or can reasonably be expected to cause 
        either of the following, the Secretary concerned shall 
        immediately order a cessation of all mineral activities or the 
        portion thereof relevant to the condition, practice, or 
        violation:
                    (A) An imminent danger to the health or safety of 
                the public.
                    (B) Significant, imminent environmental harm to 
                land, air, water, or fish or wildlife resources.
            (3) Duration.--
                    (A) Termination.--A cessation order issued pursuant 
                to paragraph (1) or (2) shall remain in effect until 
                the Secretary concerned determines that the condition, 
                practice, or violation has been abated or until such 
                order is modified, vacated, or terminated by the 
                Secretary concerned. In any such order, the Secretary 
                concerned shall determine the steps necessary to abate 
                the violation in the most expeditious manner possible 
                and shall include the necessary measures in such order.
                    (B) Financial assurances.--The Secretary concerned 
                shall require appropriate financial assurances to 
                ensure that the abatement obligations are met when 
                issuing a cessation order under this section.
                    (C) Authority of the secretary concerned.--Any 
                notice or order issued pursuant to paragraph (1) or (2) 
                may be modified, vacated, or terminated by the 
                Secretary concerned. Any person to whom any such notice 
                or order is issued shall be entitled to a hearing on 
                the record.
            (4) Alternative enforcement action.--
                    (A) In general.--If, 30 days after the notice of 
                violation referred to in paragraph (1)(A) is issued, 
                the required abatement has not occurred, the Secretary 
                concerned shall take such alternative enforcement 
                action against the claim holder, license holder, lease 
                holder, or operator (or any person who controls the 
                claim holder, license holder, lease holder, or 
                operator) as will most likely bring about such required 
                abatement in the most expeditious manner possible, 
                which may include seeking appropriate injunctive relief 
                to bring about abatement.
                    (B) Earlier alternative enforcement action.--
                Nothing in this paragraph shall preclude the Secretary 
                concerned from taking alternative enforcement action 
                before the expiration of the 30-day period described in 
                subparagraph (A).
            (5) Failure or default.--
                    (A) In general.--If a claim holder, license holder, 
                lease holder, or operator (or any person who controls 
                the claim holder, license holder, lease holder, or 
                operator) fails to abate a violation or defaults on the 
                terms of a permit issued under this Act, the Secretary 
                concerned shall forfeit the financial assurance 
                required under section 306 as necessary to ensure 
                abatement and reclamation under this Act.
                    (B) Reclamation by surety.--The Secretary concerned 
                may prescribe conditions under which a surety may 
                perform reclamation in accordance with section 307 in 
                lieu of forfeiture under subparagraph (A).
            (6) Pending review.--The Secretary concerned shall not 
        cause forfeiture of financial assurance while administrative or 
        judicial review is pending.
            (7) Liability in the event of forfeiture.--In the event of 
        forfeiture, the claim holder, license holder, lease holder, 
        operator, or any affiliate thereof, as determined appropriate 
        by the Secretary by regulation, shall be jointly and severally 
        liable for any remaining reclamation obligations under this 
        Act.
    (b) Compliance.--The Secretary concerned may request that the 
Attorney General institute a civil action for relief, including a 
permanent or temporary injunction or restraining order and any other 
appropriate enforcement order, including the imposition of civil 
penalties, in the United States district court for the district in 
which the mineral activities are located, whenever a person--
            (1) violates, fails, or refuses to comply with any order 
        issued by the Secretary concerned under subsection (a); or
            (2) interferes with, hinders, or delays the Secretary 
        concerned in carrying out an inspection under section 503.
Such court shall have jurisdiction to provide such relief as may be 
appropriate. Any relief granted by such court to enforce an order under 
paragraph (1) shall continue in effect until the completion or final 
termination of all proceedings for review of such order unless the 
court granting such relief sets it aside.
    (c) Delegation.--Notwithstanding any other provision of law, the 
Secretary may utilize personnel of the Office of Surface Mining 
Reclamation and Enforcement to ensure compliance with the requirements 
of this Act.
    (d) Penalties.--
            (1) Failure to comply with requirements of a permit.--
                    (A) In general.--A person who fails to comply with 
                any requirement of a permit issued under this Act or 
                any regulation issued to implement this Act shall be 
                liable for a penalty of not more than $25,000 per 
                violation.
                    (B) Separate violations.--Each day of violation may 
                be deemed a separate violation for purposes of a 
                penalty assessment under this paragraph.
            (2) Failure to comply with a cessation order.--A person who 
        fails to correct a violation for which a cessation order has 
        been issued under subsection (a) within the period permitted 
        for correction of such violation shall be assessed a civil 
        penalty of not less than $1,000 per violation for each day 
        during which such failure continues.
            (3) Penalties for directors, officers, and agents.--
        Whenever a corporation is in violation of a requirement of a 
        permit issued under this Act or any regulation issued to 
        implement this Act or fails or refuses to comply with an order 
        issued under subsection (a), any director, officer, or agent of 
        such corporation who knowingly authorized, ordered, or carried 
        out such violation, failure, or refusal shall be subject to the 
        same penalties as may be imposed upon a person described in 
        paragraph (1).
    (e) Suspensions or Revocations.--The Secretary concerned shall 
suspend or revoke a permit issued under title II, in whole or in part, 
if the operator--
            (1) knowingly made or knowingly makes any false, 
        inaccurate, or misleading material statement in any mining 
        claim, notice of location, application, record, report, plan, 
        or other document filed or required to be maintained under this 
        Act;
            (2) fails to abate a violation covered by a cessation order 
        issued under subsection (a);
            (3) fails to comply with an order of the Secretary 
        concerned;
            (4) refuses to permit an audit pursuant to this Act;
            (5) fails to maintain an adequate financial assurance under 
        section 306;
            (6) fails to pay claim maintenance fees, rentals, or other 
        moneys due and owing under this Act; or
            (7) with regard to plans conditionally approved under 
        section 305(c)(2)--
                    (A) fails to abate a violation to the satisfaction 
                of the Secretary concerned; or
                    (B) the validity of the violation is upheld on the 
                appeal which formed the basis for the conditional 
                approval.
    (f) False Statements; Tampering.--
            (1) In general.--A person who knowingly carries out any of 
        the following actions shall, upon an initial conviction, be 
        fined not more than $10,000, imprisoned for not more than 2 
        years, or both, and, upon a subsequent conviction, be fined not 
        more than $20,000, imprisoned for not more than 4 years, or 
        both:
                    (A) Make a false material statement, 
                representation, or certification in, or omit or conceal 
                material information from, or unlawfully alter, any 
                mining claim, notice of location, application, record, 
                report, plan, or other documents filed or required to 
                be maintained under this Act.
                    (B) Falsify, tamper with, render inaccurate, or 
                fail to install any monitoring device or method 
                required to be maintained under this Act.
            (2) Separate violations.--Each day of continuing violation 
        may be deemed a separate violation for purposes of penalty 
        assessment under paragraph (1).
    (g) Mineral Activities Without a Permit.--
            (1) In general.--A person that knowingly carries out any of 
        the following actions shall, upon an initial conviction, be 
        fined not less than $5,000 and not more than $50,000, 
        imprisoned for not more than 3 years, or both, and, upon a 
        subsequent conviction, be fined not less than $10,000, 
        imprisoned for not more than 6 years, or both:
                    (A) Engage in mineral activities without a permit 
                required under title II.
                    (B) Violate any other requirement of a permit 
                issued under this Act, or any condition or limitation 
                thereof.
            (2) Separate violations.--Each day of continuing violation 
        shall be deemed a separate violation for purposes of penalty 
        assessment under paragraph (1).
    (h) Knowing and Willful Violations.--A person that knowingly and 
willfully commits an act for which a civil penalty is provided in 
subsection (g)(1)(A) shall, upon conviction, be punished by a fine of 
not more than $50,000, or by imprisonment for not more than 2 years, or 
both.
    (i) Person Defined.--In this section, the term ``person'' includes 
any officer, agent, or employee of a person.

SEC. 508. REGULATIONS.

    (a) In General.--The Secretary and the Secretary of Agriculture 
shall issue such regulations as are necessary to implement this Act.
    (b) Regulations Affecting Forest Service.--Not later than 1 year 
after the effective date of this Act, the Secretary and the Secretary 
of Agriculture shall jointly issue regulations implementing titles II 
and III and this title that affect the Forest Service.

SEC. 509. OIL SHALE CLAIMS.

    Section 2511(f) of the Energy Policy Act of 1992 (30 U.S.C. 242(f); 
Public Law 102-486) is amended--
            (1) by striking ``as prescribed by the Secretary''; and
            (2) by inserting before the period the following: ``in the 
        same manner as required by title II of the Clean Energy 
        Minerals Reform Act of 2023''.

SEC. 510. SAVINGS CLAUSE.

    (a) Special Application of Mining Laws.--Nothing in this Act shall 
be construed to--
            (1) repeal or modify any Federal law, regulation, order, or 
        land use plan in effect before the effective date 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 effective date of this Act, to the extent 
        such laws provide for protection of natural and cultural 
        resources and the environment greater than required under this 
        Act;
            (2) apply to or limit mineral investigations, studies, or 
        other mineral activities conducted by any Federal or State 
        agency acting in the governmental capacity of such agency 
        pursuant to other authority; or
            (3) affect or limit any assessment, investigation, 
        evaluation, or listing pursuant to the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 
        U.S.C. 3251 et seq.).
    (b) Claims Converted to Leases.--Any Federal law described in 
subsection (a) shall remain in force and effect with respect to claims 
converted to leases under this Act.
    (c) Effect on Other Federal Laws.--
            (1) General mining laws.--The provisions of this Act shall 
        supersede the general mining laws.
            (2) Other laws.--Except for the general mining laws, 
        nothing in this Act shall be construed to supersede, modify, 
        amend, or repeal any provision of Federal law not expressly 
        superseded, modified, amended, or repealed by this Act.
            (3) Environmental laws.--Nothing in this Act shall be 
        construed to alter, affect, amend, modify, or change, directly 
        or indirectly, any law which refers to and provides authorities 
        or responsibilities for, or is administered by, the 
        Administrator of the Environmental Protection Agency, 
        including--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (C) title XIV of the Public Health Service Act (the 
                Safe Drinking Water Act) (42 U.S.C. 300f et seq.);
                    (D) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (E) the Pollution Prevention Act of 1990 (42 U.S.C. 
                13101 et seq.);
                    (F) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.);
                    (G) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.);
                    (H) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.);
                    (I) the Motor Vehicle Information and Cost Savings 
                Act (15 U.S.C. 1901 et seq.);
                    (J) the Federal Hazardous Substances Act (15 U.S.C. 
                1261 et seq.);
                    (K) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (L) the Atomic Energy Act of 1954 (42 U.S.C. 2011 
                et seq.);
                    (M) the Noise Control Act of 1972 (42 U.S.C. 4901 
                et seq.);
                    (N) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                    (O) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (P) the Superfund Amendments and Reauthorization 
                Act of 1986 (Public Law 99-499; 100 Stat. 1613);
                    (Q) the Ocean Dumping Act (33 U.S.C. 1401 et seq.);
                    (R) the Environmental Research, Development, and 
                Demonstration Authorization Act of 1978 (42 U.S.C. 
                4365);
                    (S) the Pollution Prosecution Act of 1990 (42 
                U.S.C. 4321 note; Public Law 101-593);
                    (T) the Federal Facilities Compliance Act of 1992 
                (Public Law 102-386; 106 Stat. 1505); and
                    (U) any statute containing an amendment to any of 
                such Acts.
            (4) Federal indian law.--Nothing in this Act shall be 
        construed to modify or affect any provision of--
                    (A) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (B) the American Indian Religious Freedom Act (42 
                U.S.C. 1996);
                    (C) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (D) the Religious Freedom Restoration Act of 1993 
                (42 U.S.C. 2000bb et seq.); or
                    (E) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.).
    (d) Sovereign Immunity of Indian Tribes.--Nothing in this Act shall 
be construed so as to waive the sovereign immunity of any Indian Tribe.

SEC. 511. AVAILABILITY OF PUBLIC RECORDS.

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

SEC. 512. MISCELLANEOUS POWERS.

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

SEC. 513. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955, 
commonly known as the Surface Resources Act of 1955 (30 U.S.C. 611), is 
amended--
            (1) by striking ``No'' and inserting ``(a) No'';
            (2) by inserting ``mineral materials, including'' after 
        ``varieties of'';
            (3) by striking ``or cinders'' and inserting ``cinders, and 
        clay,''; and
            (4) by adding at the end the following:
    ``(b)(1) Subject to valid existing rights, after the date of the 
enactment of the Clean Energy Minerals Reform Act of 2023, 
notwithstanding the reference to common varieties in subsection (a) and 
to the exception to such term relating to a deposit of materials with 
some property giving it distinct and special value, all deposits of 
mineral materials referred to in such subsection, including the block 
pumice referred to in such subsection, shall be subject to disposal 
only under the terms and conditions of the Materials Act of 1947 (30 
U.S.C. 601-603).
    ``(2) For purposes of paragraph (1), the term `valid existing 
rights' means that a mining claim located for any such mineral 
material--
            ``(A) had and still has some property giving it the 
        distinct and special value referred to in subsection (a), or as 
        the case may be, met the definition of block pumice referred to 
        in such subsection;
            ``(B) was properly located and maintained under the general 
        mining laws before the date of the enactment of the Clean 
        Energy Minerals Reform Act of 2023; and
            ``(C) was supported by a discovery of a valuable mineral 
        deposit within the meaning of the general mining laws as in 
        effect immediately before the date of the enactment of the 
        Clean Energy Minerals Reform Act of 2023.''.
    (b) Mineral Materials Disposal Clarification.--Section 4 of the Act 
of July 23, 1955, commonly known as the Surface Resources Act of 1955 
(30 U.S.C. 612), is amended--
            (1) in subsection (b), by inserting ``and mineral 
        material'' after ``vegetative''; and
            (2) in subsection (c), by inserting ``and mineral 
        material'' after ``vegetative''.
    (c) Conforming Amendment.--Section 1 of the Act of July 31, 1947, 
entitled ``An Act to provide for the disposal of materials on the 
public lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
by striking ``common varieties of'' in the first sentence.
    (d) Short Titles.--
            (1) Surface resources.--The Act of July 23, 1955, is 
        amended by adding at the end the following:
    ``Sec. 8.  This Act may be cited as the `Surface Resources Act of 
1955'.''.
            (2) Mineral materials.--The Act of July 31, 1947, entitled 
        ``An Act to provide for the disposal of materials on the public 
        lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
        by adding at the end the following:
    ``Sec. 5.  This Act may be cited as the `Materials Act of 1947'.''.
    (e) Repeals.--Subject to valid existing rights, the following are 
repealed:
            (1) The Act of August 4, 1892, commonly known as the 
        Building Stone Act (chapter 375; 27 Stat. 348; 30 U.S.C. 161).
            (2) The Act of January 31, 1901, commonly known as the 
        Saline Placer Act (chapter 186; 31 Stat. 745; 30 U.S.C. 162).

SEC. 514. EFFECTIVE DATE.

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