[Congressional Record Volume 141, Number 41 (Monday, March 6, 1995)]
[Senate]
[Pages S3521-S3539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. HUTCHISON:
  S. 498. A bill to amend title XVI of the Social Security Act to deny 
SSI benefits for individuals whose disability is based on alcoholism or 
drug addiction, and for other purposes; to the Committee on Finance.


  legislation to deny ssi benefits to individuals whose disability is 
                   based on drug or alcohol addiction
  Mrs. HUTCHISON. Mr. President, I would like to introduce a bill this 
morning because there is something fundamentally wrong with a 
Government program that pays drug addicts to remain addicted and pays 
alcoholics to continue being addicted to alcohol. Yet, that is 
precisely what the Supplemental Security Income Program currently does: 
It grants substance abusers an entitlement based upon their addiction.
  Most Americans are surprised to learn that drug abuse is now 
classified as a disability and that addicts and alcoholics are given 
SSI payments which they use to supply their addictions rather than to 
obtain food, shelter, and treatment which, of course, was the purpose 
of the program.
  This simply defies the commonsense test. It wastes resources and does 
actual harm to those it claims to help. SSI payments may, under these 
circumstances, provide a perverse incentive to beneficiaries. We pay 
them to stay on drugs, we pay them not to work, and we pay them to 
avoid recovery.
  In the words of one doctor who has spent her entire professional 
career dealing with the problems of addiction, SSI payments ``* * * 
undermine the very thing they are supposed to be doing for my 
patients--promoting their rehabilitation.''
  In 1994, 100,000 drug addicts and alcoholics were on the SSI rolls 
and received an estimated $382 million in Federal benefits, benefits 
that came out of the pockets of responsible, hardworking, taxpaying 
Americans.
  The SSI caseload of drug addicts and alcoholics has expanded more 
than 700 percent since 1988 when there were only 13,000 such 
individuals in the programs. At their current rate of increase, their 
numbers are expected to rise to 200,000 within 5 years.
  Sadly, only 10 percent ever recover and escape the SSI rolls. Such a 
recovery rate is devastating. We have botched our attempt to provide a 
safety net and have instead provided these individuals the means to 
continue their free-fall into addiction. Congress cannot in good 
conscience continue this policy.
  So today, I am introducing a bill to stop payments to individual 
addicts and instead rededicate those resources to put addiction 
research and treatment programs on the books. These funds will be put 
to much more constructive alternative uses. Society as a whole will 
benefit because treatment programs reduce criminal justice costs and 
lost productivity.
  Drug addicts and alcoholics do not need an allowance from the 
Government which they can then use to feed their addictions. What they 
need is treatment. The drug addicts and alcoholics program within SSI 
was intended to support these individuals while they were under 
treatment. But that is not how things worked out. The program has been 
difficult to monitor and they have, in fact, not found that people who 
are taking the benefits are going into rehabilitation programs. In 
fact, rehabilitation is actually discouraged because rehabilitation 
results in loss of benefits of the program.
  Substance abuse is taking a horrible toll on our society. The current 
SSI Program is doing nothing to remedy that unfortunate fact. My bill 
would alter our fundamental approach to substance abuse and abusers. 
Instead of general monthly payments, the abusers would be given 
treatment programs that require participation by them and commitment by 
them to stop their habit and rehabilitate themselves to be responsible 
citizens. It will save money, and it will put our taxpayer dollars to 
better use.
                                 ______

      By Mr. JOHNSTON:
  S. 499. A bill to provide an exception to the coverage of State and 
local employees under Social Security; to the Committee on Finance.
  S. 500. A bill to amend the Internal Revenue Code of 1986 to provide 
that certain deductions of schoolbus drivers shall be allowable in 
computing adjusted gross income; to the Committee on Finance.


                 legislation to help schoolbus drivers

 Mr. JOHNSTON. Mr. President, today I am introducing 
legislation to help assist our Nation's schoolbus drivers who provide a 
very important role in the education of our children. Recently, several 
broad-based tax provisions have been enacted into law which adversely 
affect schoolbus drivers. The bills I am introducing today will provide 
some of our most dedicated school employees with relief which they need 
and deserve.
  The first measure would permit busdrivers to deduct actual operating 
expenses, regardless of whether or not they itemize on their Federal 
tax returns. This was the law prior to enactment of the Tax Reform Act 
of 1986. Under current law, however, schoolbus drivers' actual expenses 
are treated as miscellaneous expenses, thus limiting the deduction to 
those who itemize and subjecting it to the 2-percent floor. The floor 
has prevented many schoolbus drivers from qualifying for any deduction 
for their actual operational expenses because they cannot meet the 2-
percent floor applicable to miscellaneous itemized deductions. The 
result has been a substantial increase in schoolbus drivers' annual 
income tax liability. Moreover, even those busdrivers who itemize and 
qualify for deductions under the 2-percent floor have been penalized, 
especially those who file joint returns.
  The second measure would exempt schoolbus drivers--and other State 
and local employees who work on a part-time, seasonal, or temporary 
basis-- 
[[Page S3522]] from paying Social Security taxes. Many of these 
individuals are already covered under State and local retirement 
systems; however, the law currently requires that they pay into Social 
Security as well. The result is increased costs to the employer and 
smaller take-home paychecks for the employees. Perversely, some States 
may even decide to remove these workers from their retirement systems, 
which could result in a reduction in, or loss of, retirement benefits 
for which the employees have worked for many years.
  Our schoolbus drivers do a yeoman's job in transporting future 
generations to and from school. We all agree that education of our 
youth should be one of our highest priorities. Let's pass this 
legislation and provide some relief to those individuals who make it 
possible for our children to arrive at school in a safe and timely 
manner.
                                 ______

      By Mr. BREAUX (for himself and Mr. Johnston):
  S. 501. A bill to amend the Internal Revenue Code of 1986 to permit 
the tax-free rollover of certain payments made by employers to 
separated employees.


      tax free rollover of certain payments to separated employees

 Mr. BREAUX. Mr. President, I rise today to reintroduce 
legislation to help those employees who are living under a new reality 
of the 1990's--corporate downsizing. This bill will allow taxpayers who 
lose their jobs due to corporate downsizing to roll over, tax-free, any 
lump sum payment received as part of the termination into an individual 
retirement account [IRA] or similar qualified plan. Taxes would be paid 
when the funds are withdrawn at retirement. This will allow the upfront 
payment to serve the purpose of providing the necessary income for 
retirement. This legislation will relieve an enormous tax burden on 
thousands of Americans and further encourage retirement savings. Last 
year the bill was estimated to cost $405 million over 5 years.
  Without this legislation, many workers, generally 5 to 10 years from 
retirement age, will see between 40 to 50 percent of these payments 
immediately eaten up by Federal, State, and local income taxes. Of 
course, if these payments are made out of excess funds in a qualified 
retirement plan funded by the employer, this problem does not arise. 
This however, is not always the case. Given the generally dismal rate 
of underfunded private retirement plans, payments will often come out 
of the general revenues of the company rather than from a qualified 
plan, and thus will not qualify for the tax exempt rollover provisions 
that currently exist under the code.
  Mr. President, I hope that my colleagues will join me by cosponsoring 
this important legislation.
                                 ______

      By Mr. DODD (for himself and Mr. Lieberman):
  S. 502. A bill to clarify the tax treatment of certain disability 
benefits received by former police officers or firefighters; to the 
Committee on Finance.


             police and firefighters tax clarification act

 Mr. DODD. Mr. President, today I am reintroducing an important 
piece of legislation that will provide a measure of tax fairness for 
more than 1,000 police officers, firefighters and their families in my 
home State of Connecticut. I am pleased to be joined in this effort by 
Senator Lieberman.
  This bill clarifies the tax treatment of heart and hypertension 
benefits awarded to Connecticut's police officers and firefighters 
prior to 1992. The clarification is necessary because of an error made 
in the original version of Connecticut's heart and hypertension law. 
Under the law, Connecticut intended to treat heart and hypertension 
benefits as workmen's compensation for tax purposes. Unfortunately, 
because of the language used in the State statute, the heart and 
hypertension benefits became taxable under a ruling by the Internal 
Revenue Service [IRS] in 1991.
  Since the IRS ruling, Connecticut has amended its law. But that 
change does not help those police officers, firefighters, and their 
families, who received benefits prior to the amendment. These law-
abiding citizens accepted the benefits with the understanding that they 
were not taxable. Now, as a result of the problem with the State law, 
and through no fault of their own, they are being charged with back 
taxes, interest, and penalties by the IRS.
  Mr. President, we must address this unfortunate situation. Our 
firefighters and police officers are dedicated public servants. Every 
day, they face enormous difficulties and dangers protecting our homes 
and neighborhoods. The hazards they face make their jobs particularly 
stressful. They need the security provided by heart and hypertension 
benefits. They should not have to contend with back taxes and penalties 
that are being assessed due to an error in State law.
  Under this legislation, which would exempt heart and hypertension 
benefits from taxable income for the years prior to the IRS ruling--
1989, 1990, and 1991--we can treat these public servants and their 
families more fairly. This bill is narrowly drafted to accomplish that 
limited purpose and would not affect the tax treatment of heart and 
hypertension benefits awarded after January 1, 1992.
  Mr. President, my efforts to pass this legislation date back to the 
102d Congress. During that Congress, Senator Lieberman and I worked 
with Representatives Barbara Kennelly and Rosa DeLauro and this bill 
became a part of the Revenue Act of 1992. Although the Revenue Act was 
passed by Congress, it was vetoed by President Bush 1 day after he lost 
the election. We tried again during the 103d Congress, but we were 
unable to move the bill through the relevant committees.
  I am hopeful that we can pass this legislation quickly this year so 
that we can remove the threat of back taxes and penalties that hangs 
over Connecticut's police officers, firefighters, and their 
families.
                                 ______

      By Mr. BUMPERS (for himself, Mr. Lautenberg, Mr. Leahy, Mr. 
        Akaka, Mr. Levin, Mr. Pryor, Mr. Kohl, Mr. Feingold, and Mr. 
        Pell):
  S. 504. 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; to the 
Committee on Energy and Natural Resources.


                mineral exploration and development act

  Mr. BUMPERS.
   Mr. President, I rise today to introduce the Mineral Exploration and 
Development Act of 1995.

  This is the fourth Congress that I have proposed comprehensive 
legislation to reform the 1872 mining law. Obviously, if I had been 
successful in the past, I would not be here again today. There are few 
issues around here that I have such strong feelings about as I have on 
this subject.
  Mr. President, as it provided for in 1872, and what it still permits 
today, the 1872 mining law allows for any citizen of this country to go 
on any of the 550 million acres of Federal lands open to mining, drive 
down four stakes encompassing 20 acres of land and notify the Bureau of 
Land Management that the land is subject to a mining claim. If, at some 
time in the future, the claimant decides that that 20-acre claim has 
gold, silver, copper, platinum, or any other hardrock mineral under it, 
the claimant can demand--literally demand--a deed from the U.S. 
Government for that 20 acres. If the BLM decides that yes, it does 
indeed have commercially mineable minerals under the claim, the 
Government will give you a deed to the land. Mr. President, they will 
give you a deed for either $2.50 an acre or $5 an acre, depending on 
the type of mining claim you have.
  Mr. President, it is very difficult to make this case because the 
people across the country say that this simply cannot be true. No 
government in its right mind, especially a government that is in debt 
$4.6 trillion, would give away the public domain and billions of 
dollars worth of minerals for $2.50 an acre, with billions of dollars 
worth of gold under it. Well, unhappily, we are crazy enough to do just 
that, and we have been doing it since 1872.
  Mr. President, there are estimates that between $1 and $4 billion 
worth of gold and other minerals are removed from our public lands 
every year. The taxpayers, the very owners of the public lands, don't 
even receive one red cent in return.
  [[Page S3523]] Mr. President, the Goldstrike Mine in Nevada is owned 
by a subsidiary of American Barrick Resources, which is a Canadian 
corporation. Incidentally, many of the top gold-mining companies in 
this country are foreign owned.
  On September 10, 1992, Barrick filed an application for patents on 
1,800 acres of its Golstrike Mine with the Bureau of Land Management. 
The BLM checked it out and found that there were commercial quantities 
of gold underneath that 1,800 acres.
  (Mr. CRAIG assumed the chair.)
  Mr. BUMPERS. As a result, the Bureau of Land Management had no choice 
but to give Barrick a deed to the 1,800 acres of land for $9,000; $5 an 
acre. According to Barrick--not Dale Bumpers--the land contains $10 
billion dollars' worth of gold.
  And so Barrick is going to mine 10 billion dollars' worth of gold--
and what do you think Uncle Sam's return will be? Absolutely nothing.
  Let me ask my colleagues: If you had 1,800 acres of land and Barrick 
Mining Co. was getting ready to mine 10 billion dollars' worth of gold 
off your land, what would you expect in return? Five percent? Ten 
percent? As a matter of fact, the Newmont Mining Co. in Nevada pays an 
18-percent royalty to a private landowner in the Carlin Trend of 
Nevada.
  However, the U.S. taxpayers will not receive one red cent in 
royalties. And it is our land. It is our gold. It belongs to the people 
of this country.
  People who watch speeches like this on the floor of the Senate say 
this couldn't possibly be true.
  It not only can happen, but it has been happening for years and years 
and years. And I can tell you, with the makeup of the Senate in the 
104th Congress, it will likely continue to happen. While I may not win 
this battle this year, I am certainly not going to quit speaking out 
about it.
   While the hardrock mining companies argue that the imposition of a 
reasonable royalty would put them out of business, they continue to 
ignore the fact that gross royalties are paid for all other minerals 
that are extracted from the taxpayer-owned land. We charge people who 
mine coal 12.5 percent. If you extract natural gas from Federal lands, 
you pay the U.S. Government a 12.5-percent royalty. If you mine 
geothermal resources, as we do out West, it is 10 to 15 percent of 
gross revenues. If you drill oil on Federal lands, you pay a 12.5-
percent royalty.
  However, if you mine for gold, silver, or copper, you do not pay one 
red cent to the U.S. Government.
  Why? Because the mining companies have the political clout in this 
body to prevent the enactment of comprehensive mining law reform. Last 
year the House of Representatives passed a comprehensive and reasonable 
mining law reform bill. However, when it came over to the Senate it 
fell into the same old sump hole.
  Occasionally, ``60 Minutes'' or ``20-20'' or ``Prime Time Live'' will 
do a 10- to 20-minute segment on this issue. Sam Donaldson will say, 
``Can you believe this?'' And the next morning, my phone rings off the 
wall.
  Several years ago, after ABC did a story on the mining law, a Senator 
called and said, ``For God's sake, get me on your bill as a cosponsor. 
My phone hasn't stopped ringing.'' We put him on as a cosponsor. 
However, when it came time to vote on my amendment to impose a 
moratorium on the issuance of patents, he voted against it. He just had 
not yet heard from the mining industry when he cosponsored my bill.
  The 1872 mining law does not reflect modern environmental protection 
policies. Past mining activities have left a legacy of unreclaimed 
lands, acid mine drainage, and hazardous waste. Approximately 60 
abandoned hardrock mining sites are currently on the Superfund National 
Priority List. Some estimate that it could cost taxpayers upward of $50 
billion to clean up these sites.
  The 1872 mining law does not contain any bonding or reclamation 
requirements or any requirements for protecting the environment. While 
BLM and Forest Service regulations address these issues, their 
regulations, particularly BLM's, are full of loopholes and weak.
  The Mineral Exploration and Development Act of 1995 would provide BLM 
and the Forest Service with sufficient authority to regulate mining to 
minimize adverse impacts to the environment. It would mandate 
reclamation and bonding and would direct the agencies to promulgate 
specific reclamation standards.
  Some of the Senators who come on this floor and make these long 
speeches about what a wonderful thing the 1872 mining law is and how 
wonderful it has been to their States, should take a look at what the 
State governments do. For example, Arizona charges a 2-percent royalty 
on the gross value of the minerals extracted from State-owned land. If 
you mine on private or Federal lands, Arizona charges a 2.5-percent 
severance tax.
  What do we charge? Nothing.
  Montana gets a 5-percent royalty for raw metallic minerals mined on 
State lands and they charge a severance tax of 1.6 percent of the gross 
value in excess of $250,000 for gold, silver, and platinum mined on all 
lands in the State.
  The State of Utah charges a 4-percent gross value royalty on 
nonfissionable metalliferous metals.
  Utah also charges a 2.6-percent severance tax on all metalliferous 
minerals, including those that are on Federal lands. Whether there is a 
patent on it or not, whether it is private lands or Federal lands, you 
pay a severance tax in the State of Utah.
  What does the U.S. Government charge? absolutely nothing.
  Wyoming charges a 5-percent royalty on the gross sales value of gold, 
silver, and trona mined on State-owned land, and a 2-percent net of the 
minemouth value severance tax on everything that is mined anywhere in 
that State.
  However, the mining industry will continue to insist that if my bill 
or anything even close to it passes, it will be the end of the world as 
we know it.
  Now, Mr. President, I started out talking about the fact that this is 
the sixth year I have fought this battle. When I first started back 
about 1990, I could not even fathom that this was actually going on in 
this country. Sadly, it continues unabated.
  The argument of the mining industry then was, ``It will put us out of 
business if you charge us a royalty.'' ``How about 3 percent?'' ``No, 
we cannot afford 3 percent.'' ``Two percent?'' ``No, we cannot afford 2 
percent. Cannot afford anything.'' Now they say: ``We will pay a small 
royalty, but you must allow us to deduct every imaginable and 
unimaginable cost of mining first''.
  Mr. President, at the beginning of the 103d Congress gold was selling 
in this country for $333 an ounce. The mining industry said, ``we 
cannot afford to pay an 8-percent royalty or even a 5-percent royalty 
when we are selling gold for $333 an ounce. It would bankrupt us.'' 
Gold is now selling for approximately $375 an ounce. However, the 
mining industry is still claiming poverty.
  Mr. President, when I first started fighting on this issue in 1990 we 
had 1.2 million mining claims in this country. Today, because a person 
now has to pay $100 a year in order to hold his claim, that number has 
been reduced to 330,000 claims. Do you know why there has been such a 
precipitous drop in the number of claims? All those claims out there 
were filed to build summer homes on the land or they were filed hoping 
some big mining company would come along and say, ``How about letting 
us explore your claim?'' because they did not have to pay a red cent to 
keep that claim viable.
  Mr. President, almost every one of these mining companies do, in 
fact, pay royalties. However, they don't pay royalties to the 
landowner--the American taxpayer. Rather, they pay royalties to 
somebody they bought the claim from. So who is really getting the 
royalty? It is the guy who had the claim.
  If I had claims amounting to 1,000 acres, never touched it, a mining 
company could come by and say, ``We would like to have that claim to 
mine on.'' If I said, ``OK,'' they will look it over. If they find out 
it has gold on it, they will say, ``We will pay you a 5-percent royalty 
on all the gold we take off of your land.'' That goes on time and time 
again. Virtually every major mining company in the United States that 
mines on Federal lands is paying a pretty good-sized royalty to the guy 
who went out there and drove the stakes into the ground with no 
intention of ever doing anything.
  [[Page S3524]] Mr. President, I have tried every year to convince the 
Senate to enact comprehensive mining law reform. In addition, I have 
tried to impose a moratorium to prohibit the Interior Department from 
granting patents. The House of Representatives passed such a moratorium 
every year since I started this fight, and every year the Senate has 
killed it. Last year the Senate finally agreed to the moratorium during 
a House-Senate Appropriations conference.
  In 1991 I came within a single vote of passing the patent moratorium. 
Just 4 days later, the Stillwater Mining Co. filed applications for 
patents on a little more than 2,000 acres of land in Montana. It took 
them just 4 days to figure out that they might have to pay a royalty 
one of these days if they did not get a patent. Assuming they get these 
patents, Stillwater will pay just $10,000 for the 2,000 acres of land. 
According to Stillwater's own figures, the land contains roughly 35 to 
38 billion dollars' worth of platinum and palladium.
  And, Mr. and Mrs. Taxpayer, what do you think you are going to get 
for the 38 billion dollars' worth of platinum and palladium that you 
own? You guessed it. Not one penny.
  Mr. President, I will just make this little summation. The patent 
moratorium that we passed last year grandfathered-in about 350 patent 
applications. If we do not keep the moratorium pending until Congress 
is ready to enact comprehensive reform, the U.S. Government will 
continue to give away our public lands.
  In addition, we will continue to permit mining companies to walk away 
from unmitigated environmental disasters leaving the taxpayers to pick 
up the tab. They did not get a red cent out of it, but the taxpayers 
get the luxury of cleaning up the mess.
  Mr. President, my bill constitutes what I believe to be the minimum 
required for comprehensive mining law reform. It provides for the 
Secretary to have considerable input into the siting of mining 
operations to ensure that areas such as Yellowstone National Park are 
not ruined.
  My bill provides for an 8-percent gross royalty. It provides for 
bonding to make sure that the land is put back in half decent shape 
when mining operations are completed. It stops this business of giving 
deeds to people for $2.50 an acre.
  Opponents of comprehensive reform will soon introduce a bill that 
would continue to permit patenting. Rather than $2.50 or $5 an acre, 
the claimant would have to pay the fair market value for the surface of 
the land. That is only marginally better than the $5 an acre they pay 
now.
  Senators trying to pass this as reform will say: ``Well, they are 
paying fair market value.'' You give me the Gulf of Mexico; I will pay 
for the fair market of the surface of the Gulf of Mexico if you give me 
all the oil underneath it.
  Mr. President, I intend to pursue this matter as long as I am in the 
U.S. Senate. I want to say to my colleagues and to the American people, 
there is no greater travesty--no greater travesty--than the 
continuation of this mining law and allowing the mining interests of 
this country to take the valuable resources that belong to every 
taxpayer in the country.
  We have a $4.6 trillion debt and Speaker Gingrich and the proponents 
of the Contract With America want to put children in orphanages, take 
away school lunches, and dramatically cut food stamps. But the mining 
companies can't compensate the taxpayers because there are enough 
western Senators here to stop it. Where are our priorities?
  So I will probably not succeed this year. If I could not succeed last 
year, given the makeup of the Senate this year, I will not prevail and 
I am tired of fighting the battle, but I am not tired enough to quit.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record at the conclusion of my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 504

       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 referred to as the 
     ``Mineral Exploration and Development Act of 1995''.
       (b) Table of Contents.--
              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

Sec. 101. Definitions, references, and coverage.
Sec. 102. Lands open to location; rights under this Act.
Sec. 103. Location of mining claims.
Sec. 104. Claim maintenance requirements.
Sec. 105. Penalties.
Sec. 106. Preemption.
Sec. 107. Limitation on patent issuance.
Sec. 108. Multiple mineral development and surface resources.
Sec. 109. Mineral materials.

   TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

Sec. 201. Surface management.
Sec. 202. Inspection and enforcement.
Sec. 203. State law and regulation.
Sec. 204. Unsuitability review.
Sec. 205. Lands not open to location.

          TITLE III--ABANDONED MINERALS MINE RECLAMATION FUND

Sec. 301. Abandoned Minerals Mine Reclamation Fund.
Sec. 302. Use and objectives of the fund.
Sec. 303. Eligible areas.
Sec. 304. Fund allocation and expenditures.
Sec. 305. State reclamation programs.
Sec. 306. Authorization of appropriations.

         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Regulations; effective dates.
Sec. 404. Transitional rules; mining claims and mill sites.
Sec. 405. Transitional rules; surface management requirements.
Sec. 406. Basis for contest.
Sec. 407. Savings clause claims.
Sec. 408. Severability.
Sec. 409. Purchasing power adjustment.
Sec. 410. Royalty.
Sec. 411. Savings clause.
Sec. 412. Public records.
              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

     SEC. 101. DEFINITIONS, REFERENCES, AND COVERAGE.

       (a) Definitions.--As used in this Act:
       (1) The term ``applicant'' means any person applying for a 
     plan of operations under this Act or a modification to or a 
     renewal of a plan of operations under this Act.
       (2) The term ``claim holder'' means the holder of a mining 
     claim located or converted under this Act. Such term may 
     include an agent of a claim holder.
       (3) The term ``land use plans'' means those plans required 
     under section 202 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1712) or the land
      management plans for National Forest System units required 
     under section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604), whichever 
     is applicable.
       (4) The term ``legal subdivisions'' means an aliquot 
     quarter section of land as established by the official 
     records of the public land survey system, or a single lot as 
     established by the official records of the public land survey 
     system if the pertinent section is irregular and contains 
     fractional lots, as the case may be.
       (5) The term ``locatable mineral'' means any mineral not 
     subject to disposition under any of the following:
       (A) the Mineral Leasing Act (30 U.S.C. 181 and following);
       (B) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and 
     following);
       (C) the Act of July 31, 1947, commonly known as the 
     Materials Act of 1947 (30 U.S.C. 601 and following); or
       (D) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 
     351 and following).
       (6) The term ``mineral activities'' means any activity for, 
     related to or incidental to mineral exploration, mining, 
     beneficiation and processing activities for any locatable 
     mineral, including access. When used with respect to this 
     term--
       (A) the term ``exploration'' means those techniques 
     employed to locate the presence of a locatable mineral 
     deposit and to establish its nature, position, size, shape, 
     grade, and value;
       (B) the term ``mining'' means the processes employed for 
     the extraction of a locatable mineral from the earth;
       (C) the term ``beneficiation'' means the crushing and 
     grinding of locatable mineral ore and such processes which 
     are employed to free the mineral from other constituents, 
     including but not necessarily limited to, physical and 
     chemical separation techniques; and
       (D) the term ``processing'' means processes downstream of 
     beneficiation employed to prepare locatable mineral ore into 
     the final marketable product, including but not limited to, 
     smelting and electrolytic refining.
       (7) The term ``mining claim'' means a claim for the 
     purposes of mineral activities.
       (8) 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 Trails System, or a national conservation area, 
     national recreation area, or a national forest monument.
       (9) The term ``operator'' means any person, partnership, or 
     corporation with a plan of operations approved under this 
     Act.
       [[Page S3525]] (10) The term ``Secretary'' means, unless 
     otherwise provided in this Act--
       (A) the Secretary of the Interior for the purposes of title 
     I and title III;
       (B) the Secretary of the Interior with respect to land 
     under the jurisdiction of such Secretary and all other lands 
     subject to this Act (except for lands under the jurisdiction 
     of such Secretary and all other lands subject to this Act 
     (except for lands under the jurisdiction of the Secretary of 
     Agriculture) for the purposes of title II; and
       (C) the Secretary of Agriculture with respect to lands 
     under the jurisdiction of the Secretary of Agriculture for 
     the purposes of title II.
       (11) The term ``substantial legal and financial 
     commitments'' means significant investments that have been 
     made to develop mining claims under the general mining laws 
     such as: long-term contracts for minerals produced; 
     processing, beneficiation, or extraction facilities and 
     transportation infrastructure; or other capital-intensive 
     activities. Costs of acquiring the mining claim or claims, or 
     the right to mine alone without other significant investments 
     as detailed above, are not sufficient to constitute 
     substantial legal and financial commitments.
       (12) The term ``surface management requirements'' means the 
     requirements and standards of section 201, section 203, and 
     section 204 of this Act, and such other standards as are 
     established by the Secretary governing mineral activities and 
     reclamation.
       (b) References.--(1) Any reference in this Act to the term 
     ``general mining laws'' is a reference to those Acts which 
     generally comprise chapters 2, 12A, and 16, and sections 161 
     and 162 of title 30, United States Code.
       (2) Any reference in this Act to the ``Act of July 23, 
     1955'', is a reference to the Act of July 23, 1955, 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 and following).
       (c) Coverage.--This Act shall apply only to mineral 
     activities and reclamation on lands and interests in land 
     which are open to location as provided in this Act.

     SEC. 102. LANDS OPEN TO LOCATION; RIGHTS UNDER THIS ACT.

       (a) Open Lands.--Mining claims may be located under this 
     Act
      on lands and interests in lands owned by the United States 
     to the extent that--
       (1) such lands and interests were open to the location of 
     mining claims under the general mining laws on the date of 
     enactment of this Act;
       (2) such lands and interests are opened to the location of 
     mining claims by reason of section 204(f) or section 205 of 
     this Act; and
       (3) such lands and interests are opened to the location of 
     mining claims state the date of enactment of this Act by 
     reason of any administrative action or statute.
       (b) Rights.--The holder of a mining claim located or 
     converted under this Act and maintained in compliance with 
     this Act shall have the exclusive right of possession and use 
     of the claimed land for mineral activities, including the 
     right of ingress and egress to such claimed lands for such 
     activities, subject to the rights of the United States under 
     section 108 and title II.

     SEC. 103. LOCATION OF MINING CLAIMS.

       (a) General Rule.--A person may locate a mining claim 
     covering lands open to the location of mining claims by 
     posting a notice of location, containing the person's name 
     and address, the time of location (which shall be the date 
     and hour of location and posting), and a legal description of 
     the claim. The notice of location shall be posted on a 
     conspicuous, durable monument erected as near as practicable 
     to the northeast corner of the mining claim. No person who is 
     not a citizen, or a corporation organized under the laws of 
     the United States or of any State or the District of 
     Columbia, may locate or hold a claim under this Act.
       (b) Use of Public Land Survey.--Except as provided in 
     subsection (c), each mining claim located under this Act 
     shall--
       (1) be located in accordance with the public land survey 
     system, and
       (2) conform to the legal subdivisions thereof. Except as 
     provided in subsection (c), the legal description of the 
     mining claim shall be based on the public land survey system 
     and its legal subdivision.
       (c) Exceptions.--(1) If only a protracted survey exists for 
     the public lands concerned, each of the following shall apply 
     in lieu of subsection (b):
       (A) The legal description of the mining claim shall be 
     based on the protracted survey and the mining claim shall be 
     located as near as practicable in conformance with a 
     protracted legal subdivision.
       (B) The mining claim shall be monumented on the ground by 
     the erection of a conspicuous durable monument at each corner 
     of the claim.
       (C) The legal description of the mining claim shall
        include a reference to any existing survey monument, or 
     where no such monument can be found within a reasonable 
     distance, to a permanent natural object.
       (2) If no survey exists for the public lands concerned, 
     each of the following shall apply in lieu of subsection (b):
       (A) The mining claim shall be a regular square, with each 
     side laid out in cardinal directions, 40 acres in size.
       (B) The claim shall be monumented on the ground by the 
     erection of a conspicuous durable monument at each corner of 
     the claim.
       (C) The legal description of the mining claim shall be 
     expressed in metes and bounds and shall include a reference 
     to any existing survey monument, or where no such monument 
     can be found within a reasonable distance, to a permanent 
     natural object. Such description shall be of sufficient 
     accuracy and completeness to permit recording of the claim 
     upon the public land records and to permit the Secretary and 
     other parties to find the claim upon the ground.
       (3) In the case of a conflict between the boundaries of a 
     mining claim as monumented on the ground and the description 
     of such claim in the notice of location referred to in 
     subsection (a), the notice of location shall be 
     determinative.
       (d) Filing With Secretary.--(1) Within 30 days after the 
     location of a mining claim pursuant to this section, a copy 
     of the notice of location referred to in subsection (a) shall 
     be filed with the Secretary in an office designated by the 
     Secretary.
       (2) Whenever the Secretary receives a copy of a notice of 
     location of a mining claim under this Act, the Secretary 
     shall assign a serial number to the mining claim, and 
     immediately return a copy of the notice of location to the 
     locator of the claim, together with a certificate setting 
     forth the serial number, a description of the claim, and the 
     claim maintenance requirements of section 104. The Secretary 
     shall enter the claim on the public land records.
       (e) Lands Covered by Claim.--A mining claim located under 
     this Act shall include all lands and interests in lands open 
     to location within the boundaries of the claim, subject to 
     any prior mining claim referenced under subsections (c) and 
     (d) of section 404.
       (f) Date of Location.--A mining claim located under this 
     Act shall be effective based upon the time of location.
       (g) Conflicting Locations.--Any conflicts between the 
     holders of mining claims located or converted under this Act 
     relating to relative superiority under the provisions of this 
     Act may be resolved in adjudication proceedings before the 
     Secretary. Such adjudication shall be determined on the 
     record after opportunity for hearing. It shall be incumbent 
     upon the holder of
      a mining claim asserting superior rights in such proceedings 
     to demonstrate to the Secretary that such person was the 
     senior locator, or if such person is the junior locator, 
     that prior to the location of the claim by such locator--
       (1) the senior locator failed to file a copy of the notice 
     of location within the time provided under subsection (d); or
       (2) the amount of rental paid by the senior locator was 
     less than the amount required to be paid by such locator 
     pursuant to section 104.
       (h) Extent of Mineral Deposit.--The boundaries of a mining 
     claim located under this Act shall extend vertically 
     downward.

     SEC. 104. CLAIM MAINTENANCE REQUIREMENTS.

       (a) In General.--(1) In order to maintain a mining claim 
     under this Act a claim holder shall pay to the Secretary an 
     annual rental fee. The rental fee shall be paid on the basis 
     of all land within the boundaries of a mining claim at a rate 
     established by the Secretary of not less than--
       (A) $5 per acre in each of the first through fifth years 
     following location of the claim;
       (B) $10 per acre in each of the sixth through tenth years 
     following location of the claim;
       (C) $15 per acre in each of the eleventh through fifteenth 
     years following location of the claim;
       (D) $20 per acre in each of the sixteenth through twentieth 
     years following location of the claim; and
       (E) $25 per acre in the twenty-first diligence year 
     following location of the claim, and each year thereafter.(2) 
     The rental fee shall be due and payable at a time and in a 
     manner as prescribed by the Secretary.
       (b) Failure to Comply.--(1) If a claim holder fails to pay 
     the rental fee as required by this section, the Secretary 
     shall immediately provide notice thereof to the claim holder 
     and after 30 days from the date of such notice the claim 
     shall be deemed forfeited and such claim shall be null and 
     void by operation of the law, except as provided under 
     paragraphs (2) and (3). Such notice shall be sent to the 
     claim holder by registered or certified mail to the address 
     provided by such claim holder in the notice of location 
     referred to in section 103(a) or in the most recent 
     instrument filed by the claim holder pursuant to this 
     section. In the even such notice is returned as undelivered, 
     the Secretary shall be deemed to have fulfilled the notice 
     requirements of this paragraph.
       (2) No claim may be deemed forfeited and null and void due 
     to a failure to comply with the requirements of this section 
     if the claim holder corrects such failure to the satisfaction 
     of the Secretary within 10 days after the date such claim 
     holder was required to pay the rental fee.
       (3) No claim may be deemed forfeited and null and void due 
     to a failure to comply with the requirements of this section 
     if, within 10 days after date of the notice referred to in 
     paragraph (1), the claim holder corrects such failure to the 
     satisfaction of the Secretary, and if the Secretary 
     determines that such failure was justifiable.
       (c) Prohibition.--The claim holder shall be prohibited from 
     locating a new claim on the lands included in a forfeited 
     claim for one year from the date such claim is deemed 
     forfeited and null and void, except as provided in subsection 
     (d).
       [[Page S3526]] (d) Relinquishment.--A claim holder deciding 
     not to pursue mineral activity on a claim may relinquish such 
     claim by notifying the Secretary. A claim holder 
     relinquishing a claim is responsible for reclamation as 
     required by section 201 of this Act and all other applicable 
     requirements. A claim holder who relinquishes a claim shall 
     not be subject to the prohibition of subsection (c) of this 
     section; however, if the Secretary determines that a claim is 
     being relinquished and relocated for the purpose of avoiding 
     compliance with any provision of this Act, including payment 
     of the applicable annual rental fee, the claim holder shall 
     be subject to the prohibition in subsection (c) of this 
     section.
       (e) Suspension.--Payment of the annual rental fee required 
     by this section shall be suspended upon the payment of the 
     royalty required by section 410 of this Act in an amount 
     equal to or greater than the applicable annual rental fee. 
     During any subsequent period of non-production, or period 
     when the royalty required by section 410 of this Act is an 
     amount less than the applicable annual rental fee, the 
     claimant shall pay to the Secretary a total amount equal to 
     the applicable annual rental fee.
       (f) Fee Disposition.--The Secretary shall deposit all 
     moneys received from rental fees collected under this 
     subsection into the Fund referred to in title III.

     SEC. 105. PENALTIES.

       (a) Violation.--Any claim holder who knowingly or willfully 
     posts on a mining claim or files a notice of location with 
     the Secretary under section 103 that contains false, 
     inaccurate or misleading statements shall be liable for a 
     penalty of not more than $5,000 per violation. Each day of 
     continuing violation may be deemed a separate violation for 
     purposes of penalty assessments.
       (b) Review.--No civil penalty under this section shall be 
     assessed until the claim holder charged with the violation 
     has been given the opportunity for a hearing on the record 
     under section 202(f).

     SEC. 106. PREEMPTION.

       The requirements of this title shall preempt any 
     conflicting
      requirements of any State, or political subdivision thereof 
     relating to the location and maintenance of mining claims 
     as provided for by this Act. The filing requirements of 
     section 314 of the Federal Land Policy and Management Act 
     (43 U.S.C. 1744) shall not apply with respect to any 
     mining claim located or converted under this Act.

     SEC. 107. LIMITATION ON PATENT ISSUANCE.

       (a) Mining Claims.--After January 4, 1995, no patent shall 
     be issued by the United States for any mining claim located 
     under the general mining laws unless the Secretary of the 
     Interior determines that, for the claim concerned--
       (1) a patent application was filed with the Secretary on or 
     before October 1, 1994; and
       (2) all requirements established under sections 2325 and 
     2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein 
     or lode claims and sections 2329, 2330, 2331, and 2333 of the 
     Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims 
     were fully complied with by that date. If the Secretary makes 
     the determinations referred to in paragraphs (1) and (2) for 
     any mining claim, the holder of the claim shall be entitled 
     to the issuance of a patent in the same manner and degree to 
     which such claim holder would have been entitled to prior to 
     the enactment of this Act, unless and until such 
     determinations are withdrawn or invalidated by the Secretary 
     or by a court of the United States.
       (b) Mill Sites.--After October 1, 1994, no patent shall be 
     issued by the United States for any mill site claim located 
     under the general mining laws unless the Secretary of the 
     Interior determines that for the mill site concerned--
       (1) a patent application for such land was filed with 
     Secretary on or before October 1, 1994; and
       (2) all requirements applicable to such patent application 
     were fully complied with by that date. If the Secretary makes 
     the determinations referred to in paragraphs (1) and (2) for 
     any mill site claim, the holder of the claim shall be 
     entitled to the issuance of a patent in the same manner and 
     degree to which such claim holder would have been entitled to 
     prior to the enactment of this Act, unless and until such 
     determinations are withdrawn or invalidated by the Secretary 
     or by a court of the United States.

     SEC. 108. MULTIPLE MINERAL DEVELOPMENT AND SURFACE RESOURCES.

       (A) In General.--The provisions of sections 4 and 6 of the 
     Act of August 13, 1954 (30 U.S.C. 524 and 526), commonly 
     known as the Multiple Minerals Development Act, and the 
     provisions of section 4 of the Act of July 23, 1955 (30 
     U.S.C. 612), shall apply to all mining claims located or 
     converted under this Act.
       (b) Enforcement.--The Secretary of the Interior, or the 
     Secretary of Agriculture, as the case may be, shall take such
      actions as may be necessary to ensure the compliance by 
     claim holders with section 4 of the Act of July 23, 1955 
     (30 U.S.C. 612).

     SEC. 109. MINERAL MATERIALS.

       (a) Determinations.--Section 3 of the Act of July 23, 1955 
     (30 U.S.C. 611), is amended as follows:
       (1) Insert ``(a)'' before the first sentence.
       (2) Strike ``or cinders'' and insert in lieu thereof 
     ``cinders, or clay''.
       (3) Add the following new subsection at the end thereof:
       ``(b)(1) Subject to valid existing rights, after the date 
     of enactment of the Mineral Exploration and Development Act 
     of 1995, all deposits of mineral materials referred to in 
     subsection (a), including the block pumice referred to in 
     such subsection, shall only be subject to disposal under the 
     terms and conditions of the Materials Act of 1947.
       ``(2) For purposes of paragraph (1), the term `valid 
     existing rights' means that a mining claim located for any 
     such mineral material had 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, was properly located and 
     maintained under the general mining laws prior to the date of 
     enactment of the Mineral Exploration and Development Act of 
     1995, and was supported by a discovery of a valuable mineral 
     deposit within the meaning of the general mining laws on the 
     date of enactment of the Mineral Exploration and Development 
     Act of 1995 and that such claim continues to be valid.''
       (b) Mineral Materials Disposal Clarification.--Section 4 of 
     the Act of July 23, 1955 (30 U.S.C. 612), is amended as 
     follows:
       (1) In subsection (b) insert ``and mineral material'' after 
     ``vegetative''.
       (2) In subsection (c) insert ``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 and following) is amended by striking ``common 
     varieties of'' in the first sentence.
       (d) Short Titles.--(1) Surface resources.--The Act of July 
     23, 1955, is amended by inserting after section 7 the 
     following new section.
       ``Sec. 8. This Act may be cited as the `Surface Resources 
     Act of 1955'.''.
       (2) Mineral Materials.--The Act of July 31, 1947, entitled 
     ``An Act to provide for the disposal of materials on the 
     public lands of the United States'' (30 U.S.C. 601 and
      following) is amended by inserting after section 4 the 
     following new section:
       ``Sec. 5. This Act may be cited as the `Materials Act of 
     1947'.''.
       (e) Repeal.--(1) The Act of August 4, 1892 (27 Stat. 348) 
     commonly known as the Building Stone Act is hereby repealed.
       (2) The Act of January 31, 1901 (30 U.S.C. 162) commonly 
     known as the Saline Placer Act is hereby repealed.

   TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

     SEC. 201. SURFACE MANAGEMENT.

       (a) In General.--Notwithstanding the last sentence of 
     section 302(b) of the Federal Land Policy and Management Act 
     of 1976, and in accordance with this title and other 
     applicable law, the Secretary shall require that mineral 
     activities and reclamation be conducted so as to minimize 
     adverse impacts to the environment.
       (b) Plans of Operation.--Except as provided under paragraph 
     (2), no person may engage in mineral activities that may 
     cause a disturbance of surface resources unless such person 
     has filed a plan of operations with, and received approval of 
     such plan of operations, from the Secretary.
       (2)(A) A plan of operations may not be required for mineral 
     activities related to exploration that cause a negligible 
     disturbance of surface resources not involving the use of 
     mechanized earth moving equipment, suction dredging, 
     explosives, the use of motor vehicles in areas closed to off-
     road vehicles, the construction of roads, drill pads, or the 
     use of toxic or hazardous materials.
       (B) A plan of operations may not be required for mineral 
     activities related to exploration that, after notice to the 
     Secretary, involve only a minimal and readily reclaimable 
     disturbance of surface resources related to and including 
     initial test drilling not involving the construction of 
     access roads, except activities under notice shall not 
     commence until an adequate financial guarantee is established 
     for such activities pursuant to subsection (1).
       (c) Contents of Plans.--Each proposed plan of operations 
     shall include a mining permit application and a reclamation 
     plan together with such documentation as necessary to ensure 
     compliance with applicable Federal and State environmental 
     laws and regulations.
       (d) Mining Permit Application requirements.--The mining 
     permit referred to in subsection (c) shall include such terms 
     and conditions as prescribed by the Secretary, and each of 
     the following:
       (1) The name and mailing address of--
       (A) the applicant for the mining permit;
       (B) the operator if different than the applicant;
       (C) each claim holder of the lands subject to the plan of 
     operations if different than the applicant;
       (D) any subsidiary, affiliate or person controlled by or 
     under common control with the applicant, or the operator or 
     each claim holder, if different than the applicant; and
       (E) the owner or owners of any land, or interests in any 
     such land, not subject to this Act, within or adjacent to the 
     proposed mineral activities.
       (2) A statement of any plans of operation held by the 
     applicant, operator or each claim holder if different than 
     the applicant, or any subsidiary, affiliate, or person 
     controlled by or under common control with the applicant, 
     operator or each claim holder if different than the 
     applicant.
       (3) A statement of whether the applicant, operator or each 
     claim holder if different 
     [[Page S3527]] than the applicant, and any subsidiary, 
     affiliate, or person controlled by or under common control 
     with the applicant, operator or each claim holder if 
     different than the applicant has an outstanding violation of 
     this Act, any surface management requirements, or applicable 
     air and water quality laws and regulations and if so, a brief 
     explanation of the facts involved, including identification 
     of the site and the nature of the violation.
       (4) A description of the type and method of mineral 
     activities proposed, the engineering techniques proposed to 
     be used and the equipment proposed to be used.
       (5) The anticipated starting and termination dates of each 
     phase of the mineral activities proposed.
       (6) A map, to an appropriate scale, clearly showing the 
     land to be affected by the proposed mineral activities.
       (7) A description of the quantity and quality of surface 
     and ground water resources within and along the boundaries 
     of, and adjacent to, the area subject to mineral activities 
     based on 12 months of pre-disturbance monitoring.
       (8) A description of the biological resources found in or 
     adjacent to the area subject to mineral activities, including 
     vegetation, fish and wildlife, riparian and wetland habitats.
       (9) A description of the monitoring systems to be used to 
     detect and determine whether compliance has and is occurring 
     consistent with the surface management requirements and to 
     regulate the effects of mineral activities and reclamation on 
     the site and surrounding environment, including but not 
     limited to, groundwater, surface water, air and soils.
       (10) Accident contingency plans that include, but are not 
     limited to, immediate response strategies, corrective 
     measures to mitigate impacts to fish and wildlife, ground and 
     surface waters, notification procedures and waste handling 
     and toxic material neutralization.
       (11) Any measures to comply with any conditions on minerals 
     activities and reclamation that may be required in the 
     applicable land use plan, including any condition stipulated 
     pursuant to section 204(d)(1)(B).
       (12) A description of measures planned to exclude fish and 
     wildlife resources from the area subject to mineral 
     activities by covering, containment, or fencing of open 
     waters, beneficiation, and processing materials; or 
     maintenance of all facilities in a condition that is not 
     harmful to fish and wildlife.
       (13) Such environmental baseline data as the Secretary, by 
     rule, shall require sufficient to validate the determinations 
     required for plan approval under this Act.
       (e) Reclamation Plan Application Requirements.--The 
     reclamation plan referred to in subsection (c) shall include 
     such terms and conditions as prescribed by the Secretary, and 
     each of the following:
       (1) A description of the condition of the land subject to 
     the mining plant permit prior to the commencement of any 
     mineral activities.
       (2) A description of reclamation measures proposed pursuant 
     to the requirements of subsections (m) and (n).
       (3) The engineering techniques to be used in reclamation 
     and the equipment proposed to be used.
       (4) The anticipated starting and termination dates of each 
     phase of the reclamation proposed.
       (5) A description of the proposed condition of the land 
     following the completion of reclamation.
       (6) A description of the maintenance measures that will be 
     necessary to meet the surface management requirements of this 
     Act, such as, but not limited to, drainage water treatment 
     facilities, or liner maintenance and control.
       (7) The consideration which has been given to making the 
     condition of the land after the completion of mineral 
     activities and final reclamation consistent with the 
     applicable land use plan.
       (f) Public Participation.--(1) Concurrent with submittal of 
     a plan of operations, or a renewal application for a plan of 
     operations, the applicant shall publish a notice in a 
     newspaper of local circulation for 4 consecutive weeks that 
     shall include: the name of the applicant, the location of the 
     proposed mineral activities, the type and expected duration 
     of the proposed mineral activities, and the intended use of 
     the land after the completion of mineral activities and 
     reclamation. The Secretary shall also notify in writing other 
     Federal, State and local government agencies that regulate 
     mineral activities or land planning decisions in the area 
     subject to mineral activities.
       (2) Copies of the complete proposed plan of operations 
     shall be made available for public review for 30 days at the 
     office of the responsible Federal surface management agency 
     located nearest to the location of the proposed mineral 
     activities, and at the country courthouse of the county in 
     which the mineral activities are proposed to be located, 
     prior to final decision by the Secretary. During this period, 
     any person and the authorized representative of a Federal, 
     State or local governmental agency shall have the right to 
     file written comments relating to the approval or disapproval 
     of the plan of operations. The Secretary shall immediately 
     make such comments available to the applicant.
       (3) Any person that is or may be adversely affected by the 
     proposed mineral activities may request, after filing written 
     comments pursuant to paragraph (2), a public hearing to be 
     held in the county in which the mineral activities are 
     proposed. If a hearing is requested, the Secretary shall 
     conduct a hearing. When a hearing is to be held, notice of 
     such hearing shall be published in a newspaper of local 
     circulation for 2 weeks prior to the hearing date.
       (g) Plan Approval.--(1) After providing notice and 
     opportunity for public comment and hearing, the Secretary may 
     approve, require modifications to, or deny a proposed plan of 
     operations, except as provided in section 405. To approve a 
     plan of operations, the Secretary shall make each of the 
     following determinations:
       (A) The mining permit application and reclamation plan are 
     complete and accurate.
       (B) The applicant has demonstrated that reclamation as 
     required by this Act can be accomplished under the 
     reclamation plan and would have a high probability of success 
     based on an analysis of such reclamation measures in areas of 
     similar geochemistry, topography and hydrology.
       (C) The proposed mineral activities, reclamation and 
     condition of the land after the completion of mineral 
     activities and final reclamation would be consistent with the 
     land use plan applicable to the area subject to mineral 
     activities.
       (D) The area subject to the proposed plan of operations is 
     not included within an area designated unsuitable under 
     section 204 for the types of mineral activities proposed.
       (E) The applicant has demonstrated that the plan of 
     operations will be in compliance with the requirements of all 
     other applicable Federal requirements, and any State 
     requirements agreed to by the Secretary pursuant to 
     subsection 203(c).
       (2) Final approval of a plan of operations under this 
     subsection shall be conditioned upon compliance with 
     subsection (1) and, based on information supplied by the 
     applicant, a determination of the probable hydrologic 
     consequences of the proposed mineral activities and 
     reclamation.
       (3)(A) A plan of operations under this section shall not be 
     approved if the applicant, operator, or any claim holder if 
     different than the applicant, or any subsidiary, affiliate, 
     or person controlled by or under common control with the 
     applicant, operator or each claim holder if different than 
     the applicant, is currently in violation of this Act, any 
     surface management requirement or of any applicable air and 
     water quality laws and regulations at any site where mineral 
     activities have occurred or are occurring.
       (B) The Secretary shall suspend an approved plan of 
     operations if the Secretary determines that any of the 
     entities described in section 201(d)(1) were in violation of 
     the surface management requirements at the time the plan of 
     operations was approved.
       (C) A plan of operations referred to in this subsection 
     shall not be approved or reinstated, as the case may be, 
     until the applicant submits proofs that the violation has 
     been corrected or is in the process of being corrected to the 
     satisfaction of the Secretary; except that no proposed plan 
     of operations, after opportunity for a hearing, shall be 
     approved for any applicant, operator or each claim holder if 
     different than the applicant with a demonstrated pattern of 
     willful violations of the surface management requirements of 
     such nature and duration and with such resulting irreparable 
     damage to the environment as to clearly indicate an intent 
     not to comply with the surface management requirements.
       (h) Term of Permit; Renewal.--(1) The approval of a plan of 
     operations shall be for a stated term. The term shall be no 
     greater than that necessary to accomplish the proposed 
     operations, and in no case for more than 10 years, unless the 
     applicant demonstrates that a specified longer term is 
     reasonably needed to obtain financing for equipment and the 
     opening of the operation.
       (2) Failure by the operator to commence mineral activities 
     within one year of the date scheduled in an approved plan of 
     operations shall be deemed to require a modification of the 
     plan.
       (3) A plan of operations shall carry with it the right of 
     successive renewal upon expiration only with respect to 
     operations on areas within the boundaries of the existing 
     plan of operations, as approved. An application for renewal 
     of such plan of operations shall be approved unless the 
     Secretary determines, in writing, any of the following:
       (A) The terms and conditions of the existing plan of 
     operations are not being met.
       (B) Mineral activities and reclamation activities as 
     approved under the plan of operations are not in compliance 
     with the surface management requirements of this Act.
       (C) The operator has not demonstrated that the financial 
     guarantee would continue to apply in full force and effect 
     for the renewal term.
       (D) Any additional revised or updated information required 
     by the Secretary has not been provided.
       (E) The applicant has not demonstrated that the plan of 
     operations will be in compliance with the requirements of all 
     other applicable Federal requirements, and any State 
     requirements agreed to by the Secretary pursuant to 
     subsection 203(c).
       (4) A renewal of a plan of operations shall be for a term 
     not to exceed the period of the original plan as provided in 
     paragraph (1). Application for plan renewal shall be made at 
     least 120 days prior to the expiration of an approved plan.
       (5) Any person that is, or may be, adversely affected by 
     the proposed mineral activities may request a public hearing 
     to be held in the county in which the mineral activities 
     [[Page S3528]] are proposed. If a hearing is requested, the 
     Secretary shall conduct a hearing. When a hearing is held, 
     notice of such hearing shall be published in a newspaper of 
     local circulation for 2 weeks prior to the
      hearing date.
       (i) Plan Modification.--(1) Except as provided under 
     section 405, during the term of a plan of operations the 
     operator may submit an application to modify the plan. To 
     approve a proposed modification to a plan of operations the 
     Secretary shall make the determinations set forth under 
     subsection (g)(1). The Secretary shall establish guidelines 
     regarding the extent to which requirements for plans of 
     operations under this section shall apply to applications to 
     modify a plan of operations based on whether such 
     modifications are deemed significant or minor; except that:
       (A) any significant modifications shall at a minimum be 
     subject to subsection (f), and
       (B) any modification proposing to extend the area covered 
     by the plan of operations (except for incidental boundary 
     revisions) must be made by application for a new plan of 
     operations.
       (2) The Secretary may, upon a review of a plan of 
     operations or a renewal application, require reasonable 
     modification to such plan upon a determination that the 
     requirements of this Act cannot be met if the plan is 
     followed as approved. Such determination shall be based on a 
     written finding and subject to notice and hearing 
     requirements established by the Secretary.
       (j) Temporary Cessation of Operations.--(1) Before 
     temporarily ceasing mineral activities or reclamation for a 
     period of 180 days or more under an approved plan of 
     operations or portions thereof, an operator shall first 
     submit a complete application for temporary cessation of 
     operations to the Secretary for approval.
       (2) The application for approval of temporary cessation of 
     operations shall include such terms and conditions as 
     prescribed by the Secretary, including but not limited to the 
     steps that shall be taken during the cessation of operations 
     period to minimize impacts on the environment. After receipt 
     of a complete application for temporary cessation of 
     operations the Secretary shall conduct an inspection of the 
     area for which temporary cessation of operations has been 
     requested.
       (3) To approve an application for temporary cessation of 
     operations, the Secretary shall make each of the following 
     determinations:
       (A) The methods for securing surface facilities and 
     restricting access to the permit area, or relevant portions 
     thereof, shall effectively ensure against hazards to the 
     health and safety of the public and fish and wildlife.
       (B) Reclamation is contemporaneous with mineral activities 
     as required under 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 plan 
     of operations is sufficient to assure completion of the 
     reclamation plan in the event of forfeiture.
       (D) Any outstanding notices of violation and cessation 
     orders incurred in connection with the plan of operations 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.
       (k) Review.--Any decision made by the Secretary under 
     subsections (g), (h), (i), (j) or (l) shall be subject to 
     review under section 202(f).
       (l) Bonds.--(1) Before any plan of operations is approved 
     pursuant to this Act, or any mineral activities are conducted 
     pursuant to subsection (b)(2), the operator shall file with 
     the Secretary financial assurance payable to the United 
     States and conditional upon faithful performance of all 
     requirements of this Act. The financial assurance shall be 
     provided in the form of a surety bond, trust fund, cash or 
     equivalent. The amount of the financial assurance shall be 
     sufficient to assure the completion of reclamation satisfying 
     the requirements of this Act if the work had to be performed 
     by the Secretary in the event of
      forfeiture, and the calculation shall take into account the 
     maximum level of financial exposure which shall arise 
     during the mineral activity including, but not limited to, 
     provision for accident contingencies.
       (2) The financial assurance shall be held for the duration 
     of the mineral activities and for an additional period to 
     cover the operator's responsibility for revegetation under 
     subsection (n)(6)(B).
       (3) The amount of the financial assurance and the terms of 
     the acceptance of the assurance shall be adjusted by the 
     Secretary from time to time as the area requiring coverage is 
     increased or decreased, or where the costs of reclamation or 
     treatment change, but the financial assurance must otherwise 
     be in compliance with this section. The Secretary shall 
     specify periodic times, or set a schedule, for reevaluating 
     or adjusting the amount of financial assurance.
       (4) Upon request, and after notice and opportunity for 
     public comment, the Secretary may release in whole or in part 
     the financial assurance if the Secretary determines each of 
     the following:
       (A) Reclamation covered by the financial assurance has been 
     accomplished as required by this Act.
       (B) The operator has declared that the terms and conditions 
     of any other applicable Federal requirements, and State 
     requirements pursuant to subsection 203(b), have been 
     fulfilled.
       (5) The release referred to in paragraph (4) shall be 
     according to the following schedule:
       (A) After the operator has completed the backfilling, 
     regrading and drainage control of an area subject to mineral 
     activities and covered by the financial assurance, and has 
     commenced revegetation on the regraded areas subject to 
     mineral activities in accordance with the approved plan of 
     operations, 50 percent of the total financial assurance 
     secured for the area subject to mineral activities may be 
     released.
       (B) After the operator has completed successfully all 
     mineral activities and reclamation activities and all 
     requirements of the plan of operations and the reclamation 
     plan and all the requirements of this Act have in fact been 
     fully met, the remaining portion of the financial assurance 
     may be released.
       (6) During the period following release of the financial 
     assurance as specified in paragraph (5)(A), until the 
     remaining portion of the financial assurance is released as 
     provided in paragraph (5)(B), the operator shall be required 
     to meet all applicable standards of this Act and the plan of 
     operations and the reclamation plan.
       (7) Where any discharge from the area subject to mineral 
     activities requires treatment in order to meet the applicable 
     effluent limitations, the treatment shall be monitored during 
     the conduct of mineral activities and reclamation and shall 
     be fully covered by financial assurance and no financial 
     assurance or portion thereof for the plan of operations shall 
     be released until the operator has met all applicable 
     effluent limitations and water quality standards for one full 
     year without treatment.
       (8) Jurisdiction under this Act shall terminate upon 
     release of the final bond. If the Secretary determines, after 
     final bond release, that an environmental hazard resulting 
     from the mineral activities exists, or the terms and 
     conditions of the plan of operations or the surface 
     management requirements of this Act were not fulfilled in 
     fact at the time of release, the Secretary shall reassert 
     jurisdiction and all applicable surface management and 
     enforcement provisions shall apply for correction of the 
     condition.
       (m) Reclamation.--(1) Except as provided under paragraphs 
     (5) and (7) of subsection (n), lands subject to mineral 
     activities shall be restored to a condition capable of 
     supporting the uses to which such lands were capable of 
     supporting prior to surface disturbance, or other beneficial 
     uses, provided such other uses are not inconsistent with 
     applicable land use plans.
       (2) All required reclamation shall proceed as
        contemporaneously as practicable with the conduct of 
     mineral activities and shall use the best technology 
     currently available.
       (n) Reclamation Standards.--The Secretary shall establish 
     reclamation standards which shall include, but not 
     necessarily be limited to, provisions to require each of the 
     following:
       (1) Soils.--(A) Topsoil removed from lands subject to 
     mineral activities shall be segregated from other spoil 
     material and protected for later use in reclamation. If such 
     topsoil is not replaced on a backfill area within a time-
     frame short enough to avoid deterioration of the topsoil, 
     vegetative cover or other means shall be used so that the 
     topsoil is preserved from wind and water erosion, remains 
     free of any contamination by acid or other toxic material, 
     and is in a usable condition for sustaining vegetation when 
     restored during reclamation.
       (B) In the event the topsoil from lands subject to mineral 
     activities is of insufficient quantity or of inferior quality 
     for sustaining vegetation, and other suitable growth media 
     removed from the lands subject to the mineral activities are 
     available that shall support vegetation, the best available 
     growth medium shall be removed, segregated and preserved in 
     alike manner as under subparagraph (A) for sustaining 
     vegetation when restored during reclamation.
       (C) Mineral activities shall be conducted to prevent any 
     contamination or toxification of soils. If any contamination 
     or toxification occurs in violation of this subparagraph, the 
     operator shall neutralize the toxic material, decontaminate 
     the soil, and dispose of any toxic or acid materials in a 
     manner which complies with this section and any other 
     applicable Federal or State law.
       (2) Stabilization.--All surface areas subject to mineral 
     activities, including spoil material piles, waste material 
     piles, ore piles, subgrade ore piles, and open or partially 
     backfilled mine pits which meet the requirements of paragraph 
     (5) shall be stabilized and protected during mineral 
     activities and reclamation so as to effectively control 
     erosion and minimize attendant air and water pollution.
       (3) Erosion.--Facilities such as but not limited to basins, 
     ditches, streambank stabilization, diversions or other 
     measures, shall be designed, constructed and maintained where 
     necessary to control erosion and drainage of the area subject 
     to mineral activities, including spoil material piles and 
     waste material piles prior to the use of such material to 
     comply with the requirements of paragraph (5) and for the 
     purposes of paragraph (7), and including ore piles and 
     subgrade ore piles.
       [[Page S3529]] (4) Hydrologic balance.--(A) Mineral 
     activities shall be conducted to minimize disturbances to the 
     prevailing hydrologic balance of the area subject to mineral 
     activities and adjacent areas and to the quality and quantity 
     of water in surface and ground water systems, including 
     stream flow, in the area subject to mineral activities and 
     adjacent areas, and in all cases the operator shall comply 
     with applicable Federal or State effluent limitations and 
     water quality standards.
       (B) Mineral activities shall prevent the generation of acid 
     or toxic drainage during the mineral activities and 
     reclamation, to the extent possible using the best available 
     demonstrated control technology; and the operator shall 
     prevent any contamination of surface and ground water with 
     acid or other toxic mine drainage and shall prevent or remove 
     water from contact with acid or toxic producing deposits.
       (C) Reclamation shall, to the extent possible, also include 
     restoration of the recharge capacity of the area subject to 
     mineral activities to approximate premining condition.
       (D) Where surface or underground water sources used for 
     domestic or agricultural use have been diminished, 
     contaminated or interrupted as a proximate result of mineral
      activities, such water resource shall be restored or 
     replaced.
       (5) Grading.--(A) Except as provided under this paragraph 
     (7), the surface area disturbed by mineral activities shall 
     be backfilled, graded and contoured to its natural 
     topography.
       (B) The requirement of subparagraph (A) shall not apply 
     with respect to an open mine pit if the Secretary finds that 
     such open pit or partially backfilled pit would not pose a 
     threat to the public health or safety or have an adverse 
     effect on the environment in terms of surface or groundwater 
     pollution.
       (C) In instances where complete backfilling of an open pit 
     is not required, the pit shall be graded to blend with the 
     surrounding topography as much as practicable and revegetated 
     in accordance with paragraph (6).
       (6) Revegetation.--(A) Except in such instances where the 
     complete backfill of an open mine pit is not required under 
     paragraph (5), the area subject to mineral activities, 
     including any excess spoil material pile and excess waste 
     pile, shall be revegetated in order to establish a diverse, 
     effective and permanent vegetative cover of the same seasonal 
     variety native to the area subject to mineral activities, 
     capable of self-regeneration and plant succession and at 
     least equal in extent of cover to the natural revegetation of 
     the surrounding area.
       (B) In order to insure compliance with subparagraph (A), 
     the period for determining successful revegetation shall be 
     for a period of 5 full years after the last year of augmented 
     seeding, fertilizing, irrigation or other work, except that 
     such period shall be 10 full years where the annual average 
     precipitation is 26 inches or less.
       (7) Excess spoil and waste.--(A) Spoil material and waste 
     material in excess of that required to comply with paragraph 
     (5) shall be transported and placed in approved areas, in a 
     controlled manner in such a way so as to assure long-term 
     mass stability and to prevent mass movement. In addition to 
     the measures described under paragraph (3), internal drainage 
     systems shall be employed, as may be required, to control 
     erosion and drainage. The design of such excess spoil 
     material piles and excess waste material piles shall be 
     certified by a qualified professional engineer.
       (B) Excess spoil material piles and excess waste material 
     piles shall be graded and contoured to blend with the 
     surrounding topography as much as practicable and revegetated 
     in accordance with paragraph (6).
       (8) Sealing.--All drill holes, and openings on the surface 
     associated with underground mineral activities, shall be 
     sealed when no longer needed for the conduct of mineral 
     activities to ensure protection of the public, fish and 
     wildlife, and the environment.
       (9) Structures.--All buildings, structures or equipment 
     constructed, used or improved during mineral activities shall 
     be removed, unless the Secretary determines that the 
     buildings, structures or equipment shall be of beneficial use 
     in accomplishing the postmining uses or for environmental 
     monitoring.
       (10) Fish and wildlife.--All fish and wildlife habitat in 
     areas subject to mineral activities shall be restored in a 
     manner commensurate with or superior to habitat conditions 
     which existed prior to the mineral activities, including such 
     conditions as may be prescribed by the Director, Fish and 
     Wildlife Service.
       (o) Additional Standards.--The Secretary may, by 
     regulation, establish additional standards to address the 
     specific environmental impacts of selected methods of mineral 
     activities, such as, but not limited to, cyanide leach 
     mining.
       (p) Definitions.--As used in subsections (m) and (n):
       (1) The term ``best technology currently available'' means 
     equipment, devices, systems, methods, or techniques which are 
     currently available anywhere even if not in
      routine use in mineral activities. The term includes, but is 
     not limited to, construction practices, siting 
     requirements, vegetative selection and planting 
     requirements, scheduling of activities and design of 
     sedimentation ponds. Within the constraints of the surface 
     management requirements of this Act, the Secretary shall 
     have the discretion to determine the best technology 
     currently available on a case-by-case basis.
       (2) The term ``best available demonstrated control 
     technology'' means equipment, devices, systems, methods, or 
     techniques which have demonstrated engineering and economic 
     feasibility and practicality in preventing disturbances to 
     hydrologic balance during mineral activities and reclamation. 
     Such techniques will have shown to be effective and practical 
     methods of acid and other mine water pollution elimination or 
     control, and other pollution affecting water quality. The 
     ``best available demonstrated control technology'' will not 
     generally be in routine use in mineral activities. Within the 
     constraints of the surface management requirements of this 
     Act, the Secretary shall have the discretion to determine the 
     best available demonstrated control technology on a case-by-
     case basis.
       (3) The term ``spoil material'' means the overburden, or 
     nonmineralized material of any nature, consolidated or 
     unconsolidated, that overlies a deposit of any locatable 
     mineral that is removed in gaining access to, and extracting, 
     any locatable mineral, or any such material disturbed during 
     the conduct of mineral activities.
       (4) The term ``waste material'' means the material 
     resulting from mineral activities involving beneficiation, 
     including but not limited to tailings, and such material 
     resulting from mineral activities involving processing, to 
     the extent such material is not subject to subtitle C of the 
     Resource Conservation and Recovery Act of 1976 or the Uranium 
     Mill Tailings Radiation Control Act.
       (5) The term ``ore piles'' means ore stockpiled for 
     beneficiation prior to the completion of mineral activities 
     and reclamation.
       (6) The term ``subgrade ore'' means ore that is too low in 
     grade to be of economic value at the time of extraction but 
     which could reasonably be economical in the foreseeable 
     future.
       (7) The term ``excess spoil'' means spoil material that may 
     be excess of the amount necessary to comply with the 
     requirements of subsection (m)(3).
       (8) The term ``excess waste'' means waste material that may 
     be excess of the amount necessary to comply with the 
     requirements of subsection (m)(3).
     SEC. 202. INSPECTION AND ENFORCEMENT.
       (a) Inspections and Monitoring.--(1) The Secretary shall 
     make such inspections of mineral activities so as to ensure 
     compliance with the surface management requirements. The 
     Secretary shall establish a frequency of inspections for 
     mineral activities conducted under an approved plan of 
     operations, but in no event shall such inspection frequency 
     be less than one complete inspection per calendar quarter or 
     two complete inspections annually for a plan of operations 
     for which the Secretary approves an application under section 
     201(j).
       (2)(A) Any person who has reason to believe they are or may 
     be adversely affected by mineral activities due to any 
     violation of the surface management requirements may request 
     an inspection. The Secretary shall determine within 10 days 
     of receipt of the request whether the request states a reason 
     to believe that a violation exists, except in the event the 
     person alleges and provides reason to believe that an 
     imminent danger as provided by subsection (b)(2) exists, the 
     10-day period shall be waived and the inspection conducted 
     immediately. When an inspection is conducted under this 
     paragraph, the Secretary shall notify the person filing the 
     complaint and such person shall be allowed to accompany the 
     inspector during the inspection. The identity of the person 
     supplying information to the Secretary relating to a possible 
     violation or imminent danger or harm shall remain 
     confidential with the Secretary if so requested by that 
     person, unless that person elects to accompany an inspector 
     on the inspection.
       (B) The Secretary shall, by regulation, establish 
     procedures for the review of any decision by his authorized 
     representative not to inspect or by a refusal by such 
     representative to ensure remedial actions are taken the 
     respect to any alleged violation. The Secretary shall furnish 
     such persons requesting the review a written statement of the 
     reasons for the Secretary's final disposition of the case.
       (3)(A) The Secretary shall require all operators to develop 
     and maintain a monitoring and evaluation system which shall 
     be capable of identifying compliance with all surface 
     management requirements.
       (B) Monitoring shall be conducted as close as technically 
     feasible to the mineral activity or reclamation involved, and 
     in all cases the monitoring shall be conducted within the 
     area affected by mineral activities and reclamation.
       (C) The point of compliance shall be as close to the 
     mineral activity involved as is technically feasible, but in 
     any event shall be located to comply with applicable State 
     and Federal standards. In no event shall the point of 
     compliance be outside the area affected by mineral activities 
     and reclamation.
       (D) The operator shall file reports with the Secretary on a 
     quarterly basis on the results of the monitoring and 
     evaluation process except that if the monitoring and 
     evaluation show a violation of the surface management 
     requirements, it shall be reported immediately to the 
     Secretary.
       (E) The Secretary shall determine what information must be 
     reported by the operator 
     [[Page S3530]] pursuant to subparagraph (B). A failure to 
     report as required by the Secretary shall constitute a 
     violation of this Act and subject the operator to enforcement 
     action pursuant to this section.
       (F) The Secretary shall evaluate the reports submitted 
     pursuant to this paragraph, and based on those reports and 
     any necessary inspection shall take enforcement action 
     pursuant to this section.
       (b) Enforcement.--(1) If the Secretary or authorized 
     representative determines, on the basis of an inspection that 
     an operator, or any person conducting mineral activities 
     under section 201(b)(2), is in violation of any surface 
     management requirement, the Secretary or authorized 
     representative shall issue a notice of violation to the 
     operator or person describing the violation and the 
     corrective measures to be taken. The Secretary or authorized 
     representative shall provide such operator or person with a 
     reasonable period of time to abate the violation. If, upon 
     the expiration of time provided for such abatement, the 
     Secretary or authorized representative finds that
      the violation has not been abated he shall immediately order 
     a cessation of all mineral activities or the portion 
     thereof relevant to the violation.
       (2) If the Secretary or authorized representative 
     determines, on the basis of an inspection, that any condition 
     or practice exists, or that an operator, or any person 
     conducting mineral activities under section 201(b)(2), is in 
     violation of the surface management requirements, and such 
     condition, practice or violation is causing, or can 
     reasonably be expected to cause--
       (A) an imminent danger to the health or safety of the 
     public; or
       (B) significant, imminent environmental harm to land, air 
     or water resources;

     the Secretary or authorized representative shall immediately 
     order a cessation of mineral activities or the portion 
     thereof relevant to the condition, practice or violation.
       (3)(A) a cession order by the Secretary or authorized 
     representative pursuant to paragraphs (1) or (2) shall remain 
     in effect until the Secretary or authorized representative 
     determines that the condition, practice or violation has been 
     abated, or until modified, vacated or terminated by the 
     Secretary or authorized representative. In any such order, 
     the Secretary or authorized representative shall determine 
     the steps necessary to abate the violation in the most 
     expeditious manner possible, and shall include the necessary 
     measures in the order. The Secretary shall require 
     appropriate financial assurances to insure that the abatement 
     obligations are met.
       (B) Any notice or order issued pursuant to paragraphs (1) 
     or (2) may be modified, vacated or terminated by the 
     Secretary or authorized representative. An operator, or 
     person conducting mineral activities under section 201(b)(2), 
     issued any such notice or order shall be entitled to a 
     hearing on the record pursuant to subsection (f).
       (4) If, after 30 days of the date of the order referred to 
     in paragraph (3)(A), the required abatement has not occurred 
     the Secretary shall take such alternative enforcement action 
     against the responsible parties as will most likely bring 
     about abatement in the most expeditious manner possible. Such 
     alternative enforcement action shall include, but is not 
     necessarily limited to, seeking appropriate injunctive relief 
     to bring about abatement.
       (5) In the event an operator, or person conducting mineral 
     activities under section 201(b)(2), is unable to abate a 
     violation or defaults on the terms of the plan of operation 
     the Secretary shall forfeit the financial assurance for the 
     plan of operations if necessary to ensure abatement and 
     reclamation under this Act.
       (6) The Secretary shall not forfeit the financial assurance 
     while a review is pending pursuant to subsections (f) and 
     (g).
       (c) Compliance.--(1) The Secretary may request the Attorney 
     General to institute a civil action for relief, including a 
     permanent or temporary injunction or restraining order, in 
     the district court of the United States for the district in 
     which the mineral activities are located whenever an 
     operator, or person conducting mineral activities under 
     section 201(b)(2):
       (A) violates, fails or refuses to comply with any order 
     issued by the Secretary under subsection (b); or
       (B) interferes with, hinders or delays the Secretary in 
     carrying out an inspection under subsection (a). Such court 
     shall have jurisdiction to provide such relief as may be 
     appropriate. Any relief granted by the court to enforce an 
     order under clause (A) shall continue in effect until the 
     completion or final termination of all proceedings for review 
     of such order under subsections (f) and (g), unless the 
     district court granting such relief sets it aside or modifies 
     it.
       (2) Notwithstanding any other provision of law, the 
     Secretary shall utilize enforcement personnel from the Office 
     of Surface Mining Reclamation and Enforcement to augment 
     personnel of the Bureau of Land Management and the Forest 
     Service to ensure compliance with the surface management 
     requirements, and inspection requirements of subsection (a). 
     The Bureau of Land
      Management and the Forest Service shall each enter into a 
     memorandum of understanding with the Office of Surface 
     Mining Reclamation and Enforcement for this purpose.
       (d) Penalties.--(1) Any operator, or person conducting 
     mineral activities under section 201(b)(2), who fails to 
     comply with the surface management requirements shall be 
     liable for a penalty of not more than $5,000 per violation. 
     Each day of continuing violation may be deemed a separate 
     violation for purposes of penalty assessments. No civil 
     penalty under this subsection shall be assessed until the 
     operator charged with the violation has been given the 
     opportunity for a hearing under subsection (f).
       (2) An operator, or person conducting mineral activities 
     under section 201(b)(2), who fails to correct a violation for 
     which a cessation order has been issued under subsection (b) 
     within the period permitted for its correction shall be 
     assessed a civil penalty of not less than $1,000 per 
     violation for each day during which such failure continues, 
     but in no event shall such assessment exceed a 30-day period.
       (3) Whenever a corporation is in violation of the surface 
     management requirements or fails or refuses to comply with an 
     order issued under subsection (b), 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 that may be imposed upon an 
     operator under paragraph (1).
       (e) Citizen Suits.--(1) Except as provided under paragraph 
     (2), any person having an interest which is or may be 
     adversely affected may commence a civil action on his or her 
     own behalf to compel compliance--
       (A) against the Secretary where there is alleged a 
     violation of any of the provisions of this Act or any 
     regulation promulgated pursuant to this Act or terms and 
     conditions of any plan of operations approved pursuant to 
     this Act;
       (B) against any other person alleged to be in violation of 
     any of the provisions of this Act or any regulation 
     promulgated pursuant to this Act or terms and conditions of 
     any plan of operations approved pursuant to this Act;
       (C) against the Secretary where there is alleged a failure 
     of the Secretary to perform any act or duty under this Act or 
     any regulation promulgated pursuant to this Act which is not 
     within the discretion of the Secretary; or
       (D) against the Secretary where it is alleged that the 
     Secretary acts arbitrarily or capriciously or in a manner 
     inconsistent with this Act or any regulation promulgated 
     pursuant to this Act. The United States district courts shall 
     have jurisdiction, without regard to the amount in 
     controversy or the citizenship of the parties. (2) No action 
     may be commenced except as follows:
       (A) Under paragraph (1)(A) prior to 60 days after the 
     plaintiff has given notice in writing of such alleged 
     violation to the Secretary, or to the person alleged to be in 
     violation; except no action may be commenced against any 
     person alleged to be in violation if the Secretary has 
     commenced and is diligently prosecuting a civil action in a 
     court of the United States to require compliance with the 
     provisions of this title (but in any such action in a court 
     of the United States the person making the allegation may 
     intervene as a matter of right.)
       (B) Under paragraph (1)(B) prior to 60 days after the 
     plaintiff has given notice in writing of such action to the 
     Secretary, in such manner as the Secretary shall by 
     regulation prescribe, except that such action may be brought 
     immediately after such notification in the case where the 
     violation or order complained of constitutes an imminent 
     threat to the environment or to the health or safety of the 
     public or would immediately affect a legal interest of the 
     plaintiff.
       (3) Venue of all actions brought under this subsection 
     shall be determined in accordance with title 28 U.S.C. 
     1391(a).
       (4) The court, in issuing any final order in any action
        brought pursuant to paragraph (1) 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.
       (5) Nothing in this subsection shall restrict any right 
     which any person (or class of persons) may have under any 
     statute or common law to seek enforcement of any of the 
     provisions of this Act and the regulations thereunder, or to 
     seek any other relief, including relief against the 
     Secretary.
       (f) Review by Secretary.--(1)(A) Any, operator, or person 
     conducting mineral activities under section 201(b)(2), issued 
     a notice of violation or cessation order under subsection 
     (b), or any person having an interest which is or may be 
     adversely affected by such decisions, notice or order, may 
     apply to the Secretary for review of the notice or order 
     within 30 days of receipt thereof, or as the case may be, 
     within 30 days of such notice or order being modified, 
     vacated or terminated.
       (B) Any operator, or person conducting mineral activities 
     under section 201(b)(2), who is subject to a penalty under 
     subsection (d) or section 105 may apply to the Secretary for 
     review of the assessment within 30 days of notification of 
     such penalty.
       (C) Any person having an interest which is or may be 
     adversely affected by a decision made by the Secretary under 
     subsections (g), (h), (i), (j), and (l) of section 201, or 
     subsection 202(a)(2), or subsection 204(g), may apply to the 
     Secretary for review of the decision within 30 days after it 
     is made.
       (2) The Secretary shall provide an opportunity for a public 
     hearing at the request of any party. Any hearing conducted 
     pursuant 
     [[Page S3531]] to this subsection shall be on record and 
     shall be subject to section 554 of title 5 of the United 
     States Code. The filing of an application for review under 
     this subsection shall not operate as a stay on any order or 
     notice issued under subsection (b).
       (3) Following the hearing referred to in paragraph (2), if 
     requested, but in any event the Secretary shall make findings 
     of fact and shall issue a written decision incorporating 
     therein an order vacating, affirming, modifying or 
     terminating the notice, order or decision, or with respect to 
     an assessment, the amount of penalty that is warranted. Where 
     the application for review concerns a cessation order issued 
     under subsection (b), the Secretary shall issue the written 
     decision within 30 days of the receipt of the application for 
     review, unless temporary relief has been granted by the 
     Secretary under paragraph (4).
       (4) Pending completion of any proceedings under this 
     subsection, the applicant may file with the Secretary a 
     written request that the Secretary grant temporary relief 
     from any order issued under subsection (b) together with a 
     detailed statement giving reasons for such relief. The 
     Secretary shall expeditiously issue an order or decision 
     granting or denying such relief. The Secretary may grant such 
     relief under such conditions as he may prescribe only if such 
     relief shall not adversely affected the health or safety of 
     the public or cause significant, imminent environmental harm 
     to lad, air or water resources.
       (5) The availability of review under this subsection shall 
     not be construed to limit the operation of rights established 
     under subsection (e).
       (g) Judicial Review.--(1) Any action by the Secretary in 
     promulgating regulations to implement this Act, or any other 
     actions constituting rulemaking by the Secretary to implement 
     this Act, shall be subject to judicial review in the United 
     States District of Columbia. Any action subject to judicial 
     review under this subsection shall be affirmed unless the 
     court concludes that such action is arbitrary, capricious, or 
     otherwise inconsistent with law. A petition for review of any 
     action subject to judicial review under this subsection shall 
     be filed in the United States District Court for the District 
     of Columbia within 60 days from the date of such action, or 
     after such date if the petition is
      based solely on grounds arising after the sixtieth day. Any 
     such petition may be made by any person who commented or 
     otherwise participated in the rulemaking or who may be 
     adversely affected by the action of the Secretary.
       (2) Final agency action under this Act, including such 
     final action on those matters described under subsection (f), 
     shall be subject to judicial review in accordance with 
     paragraph (4) and pursuant to 28 U.S.C. 1391(a) of the United 
     States Code on or before 60 days from the date of such final 
     action.
       (3) The availability of judicial review established in this 
     subsection shall not be construed to limit the operations of 
     rights established under subsection (e).
       (4) The court shall hear any petition or complaint filed 
     under this subsection solely on the record made before the 
     Secretary. The court may affirm, vacate, or modify any order 
     or decision or may remand the proceedings to the Secretary 
     for such further action as it may direct.
       (5) The commencement of a proceeding under this section 
     shall not, unless specifically ordered by the court, operate 
     as a stay of the action, order or decision of the Secretary.
       (h) Proceedings.--Whenever a proceeding occurs under 
     subsection (a), (f), or (g), or under section 201, or under 
     section 204(g), at the request of any person, a sum equal to 
     the aggregate amount of all costs and expenses (including 
     attorney fees) as determined by the Secretary or 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, resulting from judicial 
     review or the Secretary, resulting from administrative 
     proceedings, deems proper.

     SEC. 203. STATE LAW AND REGULATION.

       (a) State Law.--(1) Any reclamation standard or requirement 
     in State law or regulation that meets or exceeds the 
     requirements of subsections (m) and (n) of section 201 shall 
     not be construed to be inconsistent with any such standard.
       (2) Any bonding standard or requirement in State law or 
     regulation that meets or exceeds the requirements of section 
     201(1) shall not be construed to be inconsistent with such 
     requirements.
       (3) Any inspection standard or requirement in State law or 
     regulation that meets or exceeds the requirements of section 
     202 shall not be construed to be inconsistent with such 
     requirements.
       (b) Applicability of Other State Requirements.--(1) Nothing 
     in this Act shall be construed as affecting any air or water 
     quality standard or requirement of any State law or 
     regulation which may be applicable to mineral activities on 
     lands subject to this Act.
       (2) Nothing in this Act shall be construed as affecting in 
     any way the right of any person or enforce or protect, under 
     applicable law, such person's interest in water resources 
     affected by mineral activities on lands subject to this Act.
       (c) Cooperative Agreements.--(1) Any State may enter into a 
     cooperative agreement with the Secretary for the purposes of 
     the Secretary applying such standards and requirements 
     referred to in subsection (a) and subsection (b) to mineral 
     activities or reclamation on lands subject to this Act.
       (2) In such instances where the proposed mineral activities 
     would affect lands not subject to this Act in addition to 
     lands subject to this Act, in order to approve a plan of 
     operations the Secretary shall enter into a cooperative 
     agreement with the State that sets forth a common regulatory 
     framework consistent with the surface management requirements 
     of this Act for the purposes of such plan of operations.
       (3) The Secretary shall not enter into a cooperative 
     agreement with any State under this section until after 
     notice in the Federal Register and opportunity for public 
     comment.
       (d) Prior Agreements.--Any cooperative agreement or such 
     other understanding between the Secretary and any State, or 
     political subdivision thereof, relating to the surface 
     management of mineral activities on lands subject to this Act 
     that was in existence on the date of enactment of this Act 
     may only continue in force until the effective date of this 
     Act, after which time the terms and conditions of any such 
     agreement or understanding
      shall only be applicable to plans of operations approved by 
     the Secretary prior to the effective date of this Act 
     except as provided under section 405.
       (e) Delegation.--The Secretary shall not delegate to any 
     State, or political subdivision thereof, the Secretary's 
     authorities, duties and obligations under this Act, including 
     with respect to any cooperative agreements entered into under 
     this section.

     SEC. 204. UNSUITABILITY REVIEW.

       (a) In General.--The Secretary of the Interior in preparing 
     land use plans under the Federal Land Policy and Management 
     Act of 1976, and the Secretary of Agriculture in preparing 
     land use plans under the Forest and Rangeland Renewable 
     Resources Planning Act of 1974, as amended by the National 
     Forest Management Act of 1976, shall each conduct a review of 
     lands that are subject to this Act in order to determine 
     whether there are any areas which are unsuitable for all or 
     certain types of mineral activities pursuant to the standards 
     set forth under subsection (e). In the event such a 
     determination is made, the review shall be included in the 
     applicable land use plan.
       (b) Specific Areas.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of the Interior and 
     the Secretary of Agriculture, on the basis of any information 
     available, shall each publish a notice in the Federal 
     Register identifying and listing the lands subject to this 
     Act which are or may be determined to be unsuitable for all 
     or certain types of mineral activities according to the 
     standards set forth in subsection (e). After opportunity for 
     public comment and proposals for modifications to such 
     listing, but not later than the effective date of this Act, 
     each Secretary shall begin to review the lands identified 
     pursuant to this subsection to determine whether such lands 
     are unsuitable for all or certain types of mineral activities 
     according to the standards set forth in subsection (e).
       (c) Land Use Plans.--(1) At such time as the Secretary 
     revises or amends a land use plan pursuant to the provisions 
     of law other than this Act, the Secretary shall identify 
     lands determined to be unsuitable for all or certain types of 
     mineral activities according to the standards set forth in 
     subsection (e). The Secretary shall incorporate such 
     determinations in the applicable land use plans.
       (c) If lands covered by a proposed plan of operations have 
     not been reviewed pursuant to this section at the time of 
     submission of a plan of operations, the Secretary shall, 
     prior to the consideration of the proposed plan of 
     operations, review the areas that would be affected by the 
     proposed mineral activities to determine whether the area is 
     unsuitable for all or certain types of mineral activities 
     according to the standards set forth in subsection (e). The 
     Secretary shall use such review in the next revision or 
     amendment to the applicable land use plan to the extent 
     necessary to reflect the unsuitability of such lands for all 
     or certain types of mineral activities according to the 
     standards set forth in subsection (e).
       (3) This section does not require land use plans to be 
     amended until such plans are adopted, revised, or amended 
     pursuant to provisions of law other than this Act.
       (d) Effect of Determination.--(1) If the Secretary 
     determines an area to be unsuitable under this section for 
     all or certain types of mineral activities, he shall do one 
     of the following:
       (A) In any instance where a determination is made that an 
     area is unsuitable for all types of mineral activities, the 
     Secretary of the Interior, with the consent of the Secretary 
     of Agriculture for lands under the jurisdiction of the 
     Secretary of Agriculture, shall withdraw such area pursuant 
     to section 204 of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1714).
       (B) In any instance where a determination is made that an 
     area is unsuitable for certain types of mineral activities, 
     the Secretary shall take appropriate steps to limit or 
     prohibit such types of mineral activities. (2) Nothing in 
     this section may be construed as affecting
      lands where mineral activities under approved plans of 
     operations or under notice (as provided for in the 
     regulations of the Secretary of the Interior in effect 
     prior to the effective date of this Act relating to 
     [[Page S3532]] operations that cause a cumulative disturbance 
     of five acres or less) were being conducted on the effective 
     date of this Act, except as provided under subsection (g).
       (3) Nothing in this section may be construed as prohibiting 
     mineral activities not subject to paragraph (2) where 
     substantial legal and financial commitments in such mineral 
     activities were in existence on the effective date of this 
     Act, but nothing in this section may be construed as limiting 
     any existing authority of the Secretary to regulate such 
     activities.
       (4) Any unsuitability determination under this section 
     shall not prevent the types of mineral activities referred to 
     in section 201(b)(2)(A), but nothing in this section shall be 
     construed as authorizing such activities in areas withdrawn 
     pursuant to section 204 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1714).
       (e) Review Standards.--(1) An area containing lands that 
     are subject to this Act shall be determined to be unsuitable 
     for all or certain types of mineral activities if the 
     Secretary determines, after notice and opportunity for public 
     comment, that reclamation pursuant to the standards set forth 
     in subsections (m) and (n) of section 201 would not be 
     technologically and economically feasible for any such 
     mineral activities in such area and where--
       (A) such mineral activities would substantially impair 
     water quality or supplies within the area subject to the 
     mining plan or adjacent lands, such as impacts on aquifers 
     and aquifer recharge areas;
       (B) such mineral activities would occur on areas of 
     unstable geology that could if undertaken substantially 
     endanger life and property;
       (C) such mineral activities would adversely affect 
     publicly-owned places which are listed on or are eligible for 
     listing on the National Register of Historic Places, unless 
     the Secretary and the State approve all or certain mineral 
     activities, in which case the area shall not be determined to 
     be unsuitable for such approved mineral activities;
       (D) such mineral activities would cause loss of or damage 
     to riparian areas;
       (E) such mineral activities would impair the productivity 
     of the land subject to such mineral activities;
       (F) such mineral activities would adversely affect 
     candidate species for threatened and endangered species 
     status; or
       (G) such mineral activities would adversely affect lands 
     designated as National Wildlife Refuges.
       (2) An area may be determined to be unsuitable for all or 
     certain mineral activities if the Secretary, after notice and 
     opportunity for public comment, determines that reclamation 
     pursuant to the standards set forth in subsections (m) and 
     (n) of section 201 would not be technologically and 
     economically feasible for any such mineral activities in such 
     area and where--
       (A) such mineral activities could result in significant 
     damage to important historic, cultural, scientific, and 
     aesthetic values or to natural systems;
       (B) such mineral activities could adversely affect lands of 
     outstanding aesthetic qualities and scenic Federal lands 
     designated as Class I under section 162 of the Clean Air Act 
     (42 U.S.C. 7401 and following);
       (C) such mineral activities could adversely affect lands 
     which are high priority habitat for migratory bird species or 
     other important fish and wildlife species as determined by 
     the Secretary in consultation with the Director of the Fish 
     and Wildlife Service and the appropriate agency head for the 
     State in which the lands are located;
       (D) such mineral activities could adversely affect lands 
     which include wetlands if mineral activities would result in 
     loss of wetland values;
       (E) such mineral activities could adversely affect National 
     Conservation System units; or
       (F) such mineral activities could adversely affect lands 
     containing other resource values as the Secretary may 
     consider.
       (f) Withdrawal Review.--In conjunction with conducting an 
     unsuitability review under this section, the Secretary shall 
     review all administrative withdrawals of land from the 
     location of mining claims to determine whether the revocation 
     or modification of such withdrawal for the purpose of 
     allowing such lands to be opened to the location of mining 
     claims under this Act would be appropriate as a result of any 
     of the following:
       (1) The imposition of any conditions referred to in 
     subsection (d)(1)(B).
       (2) The surface management requirements of section 201.(3) 
     the limitation of section 107.
       (g) Citizen Petition.--(1) In any instance where a land use 
     plan has not been amended or completed to reflect the review 
     referred to in subsection (a), any person having an interest 
     that may be adversely affected by potential mineral 
     activities on lands subject to this Act covered by such plan 
     shall have the right to petition the Secretary to determine 
     such lands to be unsuitable for all or certain types of 
     mineral activities. Such
      petition shall contain allegations of fact with respect to 
     potential mineral activities and with respect to the 
     unsuitability of such lands for all or certain mineral 
     activities according to the standards set forth in 
     subsection (e) with supporting evidence that would tend to 
     establish the allegations.
       (2) Petitions received prior to the date of the submission 
     of a proposed plan of operation under this Act, shall stay 
     consideration of the proposed plan of operations pending 
     review of the petition.
       (3) Within 4 months after receipt of a petition to 
     determine lands to be unsuitable for all or certain types of 
     mining in areas where a land use plan has not been amended or 
     completed to reflect the review referred to in subsection 
     (a), the Secretary shall hold a public hearing on the 
     petition in the locality of the area in question. After a 
     petition has been filed and prior to the public hearing, any 
     person may support or oppose the determination sought by the 
     petition by filing written allegations of facts and 
     supporting evidence.
       (4) Within 60 days after a public hearing held pursuant to 
     paragraph (3), the Secretary shall issue a written decision 
     regarding the petition which shall state the reasons for 
     granting or denying the requested determination.
       (5) Reviews conducted pursuant to this subsection shall be 
     consistent with paragraphs (3) and (4) of subsection (d) and 
     with subsection (a).

     SEC. 205. LANDS NOT OPEN TO LOCATION.

       (a) Lands.--Subject to valid existing rights, each of the 
     following shall not be open to the location of mining claims 
     under this Act on the date of enactment of this Act:
       (1) Lands recommended for wilderness designation by the 
     agency managing the surface, pending a final determination by 
     the Congress of the status of such lands.
       (2) Lands being managed by the Bureau of Land Management as 
     wilderness study areas on the date of enactment of this Act 
     except where the location of mining claims is specifically 
     allowed to continue by the statute designating the study 
     area, pending a final determination by the Congress of the 
     status of such lands.
       (3) Lands within Wild and Scenic River System and lands 
     under study for inclusion in such system, pending a final 
     determination by the Congress of the status of such lands.
       (4) Lands identified by the Bureau of Land Management as 
     Areas of Critical Environmental Concern.
       (5) Lands identified by the Secretary of Agriculture as 
     Research Natural Areas.
       (6) Lands designated by the Fish and Wildlife Service as 
     critical habitat for threatened or endangered species.
       (7) Lands administered by the Fish and Wildlife Service.
       (8) Lands which the Secretary shall designate for 
     withdrawal under authority of other law, including lands 
     which the Secretary of Agriculture may propose for withdrawal 
     by the Secretary of the Interior under authority of other 
     law.
       (b) Definition.--As used in this section, the term ``valid 
     existing rights'' means that a mining claim located on lands 
     referred to in subsection (a) was property located and 
     maintained under the general mining laws prior to the date of 
     enactment of this Act, and was supported by a discovery of a 
     valuable mineral deposit within the meaning of the general 
     mining laws on the date of enactment of this Act, and that 
     such claim continues to be valid.

          TITLE III--ABANDONED MINERALS MINE RECLAMATION FUND

     SEC. 301. ABANDONED MINERALS MINE RECLAMATION FUND.

       (a) Establishment.--(1) There is established on the books 
     of the Treasury of the United States a trust fund to be known 
     as the Abandoned Minerals Mine Reclamation Fund (hereinafter 
     in this title referred to as the ``Fund''). The Fund shall be 
     administered by the Secretary of the Interior acting through 
     the Director, Bureau of Land Management.
       (2) The Secretary of the Interior shall notify the 
     Secretary of the Treasury as to what portion of the Fund is 
     not, in his judgment, required to meet current withdrawals. 
     The Secretary of the Treasury shall invest such portion of 
     the Fund in public debt securities with maturities suitable 
     for the needs of such Fund and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding 
     marketplace obligations of the United States of comparable 
     maturities. The income on such investments shall be credited 
     to, and form a part of, the Fund.
       (b) Amounts.--The following amounts shall be credited to 
     the Fund for the purposes of this Act:
       (1) All moneys received from the collection of rental fees 
     under section 104 of this Act.
       (2) Amounts collected pursuant to sections 105 and 202(d) 
     of this Act.
       (3) All moneys received from the disposal of mineral 
     materials pursuant to section 3 of the Materials Act of 1947 
     (30 U.S.C. 603) to the extent such moneys are not 
     specifically dedicated to other purposes under other 
     authority of law.
       (4) Donations by persons, corporations, associations, and 
     foundations for the purposes of this title. (5) Amounts 
     referred to in section 410(e)(1) of this Act.

     SEC. 302. USE AND OBJECTIVES OF THE FUND.

       (a) In General.--The Secretary is authorized to use moneys
        in the Fund for the reclamation and restoration of land 
     and water resources adversely affected by past mineral 
     (other than coal and fluid minerals) and mineral material 
     mining, including but not limited to, any of the 
     following:
       (1) Reclamation and restoration of abandoned surface mined 
     areas.
       (2) Reclamation and restoration of abandoned milling and 
     processing areas.
       [[Page S3533]] (3) Sealing, filling, and grading abandoned 
     deep mine entries.
       (4) Planting of land adversely affected by past mining to 
     prevent erosion and sedimentation.
       (5) Prevention, abatement, treatment and control of water 
     pollution created by abandoned mine drainage.
       (6) Control of surface subsidence due to abandoned deep 
     mines.
       (7) Such expenses as may be necessary to accomplish the 
     purposes of this title.
       (b) Priorities.--Expenditure of moneys from the Fund shall 
     reflect the following priorities in the order stated:
       (1) The protection of public health, safety, general 
     welfare and property from extreme danger from the adverse 
     effects of past minerals and mineral materials mining 
     practices.
       (2) The protection of public health, safety, and general 
     welfare from the adverse effects of past minerals and mineral 
     materials mining practices.
       (3) The restoration of land and water resources previously 
     degraded by the adverse effects of past minerals and mineral 
     materials mining practices.

     SEC. 303. ELIGIBLE AREAS.

       (a) Eligibility.--Lands and waters eligible for reclamation 
     expenditures under this Act shall be those within the 
     boundaries of States that have lands subject to this Act and 
     the Materials Act of 1947--
       (1) which were mined or processed for minerals and mineral 
     materials or which were affected by such mining or 
     processing, and abandoned or left in an inadequate 
     reclamation status prior to the date of enactment of this 
     title; and
       (2) for which the Secretary makes a determination that 
     there is no continuing reclamation responsibility under State 
     or Federal laws; and
       (3) for which it can be established that such lands do not 
     contain minerals which could economically be extracted 
     through the reprocessing or remining of such lands, unless 
     such consideration are in conflict with the priorities set 
     forth under paragraphs (1) and (2) of section 302(b).
       In determining the eligibility under this subsection of 
     Federal lands and waters under the jurisdiction of the Forest 
     Service or Bureau of Land Management in lieu of the date 
     referred to in paragraph (1), the applicable date shall be 
     August 28, 1974, and November 26, 1980, respectively.
       (b) Specific Sites and Areas Not Eligible.--Sites and areas 
     designated for remedial action pursuant to the Uranium Mill 
     Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and 
     following) or which have been listed for remedial action 
     pursuant to the Comprehensive Environmental Response 
     Compensation and Liability Act of 1980 (42 U.S.C. 9601 and 
     following) shall not be eligible for expenditures from the 
     Fund under this title.

     SEC. 304. FUND ALLOCATION AND EXPENDITURES.

       (a) Allocations.--(1) Moneys available for expenditure from 
     the Fund shall be allocated on an annual basis by the 
     Secretary in the form of grants to eligible States, or in the 
     form of expenditures under subsection (b), to accomplish the 
     purposes of this title.
       (2) The Secretary shall distribute moneys from the Fund 
     based on the greatest need for such moneys pursuant to the 
     priorities stated in section 302(b).
       (b) Direct Federal Expenditures.--Where a State is not 
     eligible, or in instances where the Secretary determines that 
     the purposes of this title may best be accomplished 
     otherwise, moneys available from the Fund may be expended 
     directly by the Director, Bureau of Land Management. The 
     Director may also make such money available through grants 
     made to the Chief of the United States Forest Service, the 
     Director of the National Park Service, and any public entity 
     that volunteers to develop and implement, and that has the 
     ability to carry out, all or a significant portion of a 
     reclamation program, or through cooperative agreements 
     between eligible States and the entities referred to in this 
     subsection.

     SEC. 305. STATE RECLAMATION PROGRAMS.

       (a) Eligible States.--For the purposes of section 304(a), 
     ``eligible States'' are those States for which the Secretary 
     determines meets each of the following requirements:
       (1) Within the State there are mined lands, waters, and 
     facilities eligible for reclamation pursuant to section 303.
       (2) The State has developed an inventory of such areas 
     following the priorities established under section 302(b).
       (3) The State has established, and the Secretary has 
     approved, a State abandoned minerals and mineral materials 
     mine reclamation program for the purpose of receiving and 
     administering grants under this subtitle.
       (b) Monitoring.--The Secretary shall monitor the 
     expenditure of State grants to ensure they are being utilized 
     to accomplish the purposes of this title.
       (c) State Programs.--(1) The Secretary shall approve any 
     State abandoned minerals mine reclamation program submitted 
     to the Secretary by a State under this title if the Secretary 
     finds that the State has the ability and necessary State 
     legislation to implement such program and that the program 
     complies with the provisions of this title and the 
     regulations of the Secretary under this title.
       (2) No State, or a contractor for such State engaged in 
     approved reclamation work under this title, or a public 
     entity referred to in section 304(b), shall be liable under 
     any provision of Federal law for any costs or damages as a 
     result of action taken or omitted in the course of carrying 
     out an approved State abandoned minerals mine reclamation 
     program under this section. This paragraph shall not preclude 
     liability for cost or damages as a result of gross negligence 
     or intentional misconduct by the State. For purposes of the 
     preceding sentence, reckless, willful, or wanton misconduct 
     shall constitute gross negligence.

     SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

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

         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

     SEC. 401. POLICY FUNCTIONS.

       (a) Minerals Policy.--The Mining and Minerals Policy Act of 
     1970 (30 U.S.C. 21a) is amended by adding at the end thereof 
     the following: ``It shall also be the responsibility of the 
     Secretary of Agriculture to carry out the policy provisions 
     of paragraphs (1) and (2) of this Act.''.
       (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) 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. 402. USER FEES.

       The Secretaries of Interior and Agriculture are authorized 
     to 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 a portion of the expenses 
     incurred in administering such requirements. Fees may be 
     assessed and collected under this section only in such manner 
     as may reasonably be expected to result in an aggregate 
     amount of the fees collected during any fiscal year which 
     does not exceed the aggregate amount of administrative 
     expenses referred to in this section.

     SEC. 403. REGULATIONS; EFFECTIVE DATES.

       (a) Effective Date.--This Act shall take effect 1 year 
     after
      the date of enactment of this Act, except as otherwise 
     provided in this Act.
       (b) Regulations.--(1) The Secretary of the Interior shall 
     issue final regulations to implement title I, such 
     requirements of section 402 and 409 as may be applicable to 
     such title, title III and sections 404, 406, and 407 not 
     later than the effective date of this Act specified in 
     subsection (a).
       (2) The Secretary of the Interior and the Secretary of 
     Agriculture shall each issue final regulations to implement 
     their respective responsibilities under title II, such 
     requirements of section 402 as may be applicable to such 
     title, and sections 405 and 409 not later than the effective 
     date of this Act referred to in subsection (a). The Secretary 
     of the Interior and the Secretary of Agriculture shall 
     coordinate the promulgation of such regulations.
       (3) Failure to promulgate the regulations specified in this 
     subsection by the effective date of this Act by reason of any 
     appeal or judicial review shall not delay the effective date 
     of this Act as specified in subsection (a).
       (c) Notice.--Within 60 days after the publication of 
     regulations referred to in subsection (b)(1), the Secretary 
     of the Interior shall give notice to holders of mining claims 
     and mill sites maintained under the general mining laws as to 
     the requirements of section 404. Procedures for providing 
     such notice shall be established as part of the regulations.
       (d) New Mining Claims.--Notwithstanding any other provision 
     of law, after the effective date of this Act, a mining claim 
     for a locatable mineral on lands subject to this Act--
       (1) may be located only in accordance with this Act,
       (2) may be maintained only as provided in this Act, and
       (3) shall be subject to the requirements of this Act.

     SEC. 404. TRANSITIONAL RULES; MINING CLAIMS AND MILL SITES.

       (a) Claims Under the General Mining Laws.--(1) Converted 
     mining claims.--Notwithstanding any other provision of law, 
     within the 3-year period after the effective date of this 
     Act, the holder of any unpatented mining claim which was 
     located under the general mining laws before the effective 
     date of this Act may elect to convert the claim under this 
     paragraph by filing an election to do so with the Secretary 
     of the Interior that references the Bureau of Land Management 
     serial number of that claim in the office designated by such 
     Secretary. The provisions of title I (other than subsections 
     (a), (b), (c), (d)(1), (f), and (h) of section 103) shall 
     apply to any such claim, effective upon the making of such 
     election, and the filing of such election shall constitute 
     notice to the Secretary for purposes of section 103(d)(2). 
     Once a mining claim has been converted, there shall be no 
     distinction made as to whether such claim was originally 
     located as a lode or placer claim.
       (2) Unconverted mining claims.--Notwithstanding any other 
     provision of law, any claim referred to in paragraph (1) that 
     has not converted within the 3-year period referred to in 
     such paragraph shall be deemed forfeited and declared null 
     and void.
       [[Page S3534]] (3) Converted mill site claims.--
     Notwithstanding any other provision of law, within the 3-year 
     period after the effective date of this Act, the holder of 
     any unpatented mill site which was located under the general 
     mining laws before the effective date of this Act may elect 
     to convert the site under this paragraph by filing an 
     election to do so with the Secretary of the Interior that 
     references the Bureau of Land Management serial number of 
     that mill site in the office designated by such Secretary. 
     The provisions of title I (other than subsections (a), (b), 
     (c), (d)(1), and (f) of the section 103) shall apply to any 
     such claim, effective upon the making of such election, and 
     the filing of such election shall constitute notice to the 
     Secretary for purposes of section 103(d)(2). A mill site 
     converted under this paragraph shall be deemed a mining claim 
     under this Act.
       (4) Unconverted mill site claims.--Notwithstanding any 
     other provision of law, any mill site referred to in 
     paragraph (3) that has not converted within the 3-year period 
     referred to in such paragraph shall be deemed forfeited and 
     declared null and void.
       (5) Tunnel sites.--Any tunnel site located under the 
     general mining laws on or before the effective date of this 
     Act shall not be recognized as valid unless converted 
     pursuant to paragraph (1). No tunnel sites may be located 
     under the general mining laws after the effective date of 
     this Act.
       (b) Special Application of Requirements.--For mining claims 
     and mill sites converted under this section each of the 
     following shall apply:
       (1) For the purposes of complying with the requirements of 
     section 103(d)(2), whenever the Secretary receives an 
     election under paragraphs (1) or (3) of subsection (a), as 
     the case maybe, he shall provide the certificate referenced 
     in section 103(d)(2) to the holder of the mining claim or 
     mill site.
       (2) The first diligence year applicable to mining claims 
     and mill sites converted under this section shall commence on 
     the first day of the first month following the date the 
     holder of such claim or mill site files an election to 
     convert with the Secretary under paragraphs (1) or (3) of 
     subsection (a), as the case may be, and subsequent diligence 
     years shall commence on the first day of that month each year 
     thereafter.
       (3) For the purposes of determining the boundaries of a 
     mining claim to which the rental requirements of section 104 
     apply for a mining claim or mill site converted under this 
     section, the rental fee shall be paid on the basis of land
      within the boundaries of the converted mining claim or mill 
     site as described in the notice of location or certificate 
     of location filed under section 314 of the Federal Land 
     Policy and Management Act of 1976.
       (c) Preconversion.--Any unpatented mining claim or mill 
     site located under the general mining laws shall be deemed to 
     be a prior claim for the purposes of section 103(e) during 
     the 3-year period referred to in subsections (a)(1) or 
     (a)(3).
       (d) Postconversion.--Any unpatented mining claim or mill 
     site located under the general mining laws shall be deemed to 
     be a prior claim for the purposes of section 103(e) if 
     converted pursuant to subsections (a)(1) or (a)(3).
       (e) Disposition of Land.--In the event a mining claim is 
     located under this Act for lands encumbered by a prior mining 
     claim or mill site located under the general mining laws, 
     such lands shall become part of the claim located under this 
     Act if the claim or mill site located under the general 
     mining laws is declared null and void under this section or 
     otherwise becomes null and void thereafter.
       (f) Preact Conflicts.--(1) Any conflicts in existence on or 
     before the date of enactment of this Act between holders of 
     mining claims located under the general mining laws may be 
     resolved in accordance with applicable laws governing such 
     conflicts in effect on the date of enactment of this Act in a 
     court with proper jurisdiction.
       (2) Any conflicts not relating to matters provided for 
     under section 103(g) between the holders of a mining claim 
     located under this Act and a mining claim or mill located 
     under the general mining laws arising either before or after 
     the conversion of any such claim or site under this section 
     shall be resolved in a court with proper jurisdiction.

     SEC. 405. TRANSITIONAL RULES; SURFACE MANAGEMENT 
                   REQUIREMENTS.

       (a) New Claims.--Notwithstanding any other provision of 
     law, any mining claim for a locatable mineral on lands 
     subject to this Act located after the date of enactment of 
     this Act, but prior to the effective date of this Act, shall 
     be subject to such surface management requirements as may be 
     applicable to the mining claim in effect prior to the date of 
     enactment of this Act until the effective date of this Act, 
     at which time such claim shall be subject to the requirements 
     of title II.
       (b) Preexisting Claims.--Notwithstanding any other 
     provision of law, any unpatented mining claim or mill site 
     located under the general mining laws shall be subject to the 
     requirements of title II as follows:
       (1) In the event a plan of operations had not been approved 
     for mineral activities on any such claim or site prior to the 
     effective date of this Act, the claim or site shall be 
     subject to the requirements of title II upon the effective 
     date of this Act.
       (2) In the event a plan of operations had been approved for 
     mineral activities on any such claim or site prior to the 
     effective date of this Act, such plan of operations shall 
     continue in force for a period of 5 years after the effective 
     date of this Act, after which time the requirements of title 
     II shall apply, except as provided under subsection (c), 
     subject to the limitations of section 204(d)(2). In order to 
     meet the requirements of section 201, the person conducting 
     mineral activities under such plan of operations shall apply 
     for a modification under section 201(i). During such 5-year 
     period the provisions of section 202 shall apply on the basis 
     of the surface management requirements applicable to such 
     plans of operations prior to the effective date of this Act.
       (3) In the event a notice had been filed with the 
     authorized officer in the applicable district office of the 
     Bureau of Land Management (as provided for in the regulations 
     of the Secretary of the Interior in effect prior to the date 
     of enactment of this Act relating to operations that cause a 
     cumulative disturbance of five acres or less) prior to the 
     date of enactment of this Act, mineral activities may 
     continue under such notice for a period of 2 years after the 
     effective date of this Act, after which time the requirements 
     of title II shall apply, except as provided under subsection 
     (c), subject to the limitations of section 204(d)(2). In 
     order to meet the requirements of section 201, the person 
     conducting mineral activities under such notice must apply 
     for a modification under section 201(i) unless such mineral 
     activities are conducted pursuant to section 201(b)(2). 
     During such 2-year period the provisions of section 202 shall 
     apply on the basis of the surface management requirements 
     applicable to such notices prior to the effective date of 
     this Act.
       (4) In the event a notice (as described in paragraph (3)) 
     had not been filed with the authorized officer in the 
     applicable district office of the Bureau of Land Management 
     prior to the date of enactment of this Act, the claim or site 
     shall be subject to the surface management requirements in 
     effect prior to the effective date of this Act at which time 
     such claims shall be subject to the requirements of title II.

     SEC. 406. BASIS FOR CONTEST.

       (a) Discovery.--After the effective date of this Act, a 
     mining claim may not be contested or challenged on the basis 
     of discovery under the general mining laws, except as 
     follows:
       (1) Any claim located on or before the effective date of 
     this Act may be contested by the United States on the
      basis of discovery under the general mining laws as in 
     effect prior to the effective date of this Act if such 
     claim is located within units of the National Park System, 
     National Wildlife Refuge System, National Wilderness 
     Preservation System, Wild and Scenic Rivers System, 
     National Trails System, or National Recreation Areas 
     designated by an Act of Congress, or within an area 
     referred to in section 205 pending a final determination 
     referenced in such section.
       (2) Any mining claim located on or before the effective 
     date of this Act may be contested by the United States on the 
     basis of discovery under the general mining laws as in effect 
     prior to the effective date of this Act if such claim was 
     located for a mineral material that purportedly has a 
     property giving it distinct and special value within the 
     meaning of section 3(a) of the Act of July 23, 1955, or if 
     such claim was located for a mineral that was not locatable 
     under the general mining laws on or before the effective date 
     of this Act.
       (b) The Secretary of the Interior or the Secretary of 
     Agriculture, as the case may be, may initiate contest 
     proceedings against those mining claims referred to in 
     subsection (a) at any time, except that nothing in this 
     section may be construed as requiring the Secretary to 
     inquire into or contest the validity of a mining claim for 
     the purpose of the conversion referred to in section 404.
       (c) Nothing in this section may be construed as limiting 
     any contest proceedings initiated by the United States under 
     this section on issues other than discovery.

     SEC. 407. SAVINGS CLAUSE CLAIMS.

       (a) Notwithstanding any other provision of law, except as 
     provided under subsection (b), an unpatented mining claim 
     referred to in section 37 of the Mineral Leasing Act (30 
     U.S.C. 193) may not be converted under section 404 until the 
     Secretary of the Interior determines the claim was valid on 
     the date of enactment of the Mineral Leasing Act and has been 
     maintained in compliance with the general mining laws.
       (b) Immediately after the date of enactment of this Act, 
     the Secretary of the Interior shall initiate contest 
     proceedings challenging the validity of all unpatented claims 
     referred to in subsection (a), including those claims for 
     which a patent application has not been filed. If a claim is 
     determined to be invalid, the Secretary shall promptly 
     declare the claim to be null and void.
       (c) No claim referred to in subsection (a) shall be 
     declared null and void under section 404 during the period 
     such claim is subject to a proceeding under subsection (b). 
     If, as a result of such proceeding, a claim is determined 
     valid, the holder of such
      claim may comply with the requirements of section 404(a)(1), 
     except that the 3-year period referred to in such section 
     shall commence with the date of the completion of the 
     contest proceeding.

     SEC. 408. SEVERABILITY.

       If any provision of this Act or the applicability thereof 
     to any person or circumstances is held invalid, the remainder 
     of this Act 
     [[Page S3535]] and the application of such provisions to 
     other persons or circumstances shall not be affected thereby.

     SEC. 409. PURCHASING POWER ADJUSTMENT.

       The Secretary shall adjust all rental rates, penalty 
     amounts, and other dollar amounts established in this Act for 
     changes in the purchasing power of the dollar every 10 years 
     following the date of enactment of this Act, employing the 
     Consumer Price Index for all urban consumers published by the 
     Department of Labor as the basis for adjustment, and rounding 
     according to the adjustment process of conditions of the 
     Federal Civil Penalties Inflation Adjustment Act of 1990 (104 
     Stat. 890).

     SEC. 410. ROYALTY.

       (a) Reservation of Royalty.--Production of locatable 
     minerals (including associated minerals) from any mining 
     claim located or converted under this Act, or mineral 
     concentrates derived from locatable minerals produced from 
     any mining claim located or converted under this Act, as the 
     case may be, shall be subject to a royalty of not less than 8 
     percent of the gross income from the production of such 
     locatable minerals or concentrates, as the case may be.
       (b) Royalty Payments.--Royalty payments shall be made to 
     the United States not later than 30 days after the end of the 
     month in which the product is produced and placed in its 
     first marketable condition, consistent with prevailing 
     practices in the industry.
       (c) Reporting Requirements.--All persons holding claims 
     under this Act shall be required to provide such information 
     as determined necessary by the Secretary to ensure compliance 
     with this section, including, but not limited to, quarterly 
     reports, records, documents, and other data. Such reports may 
     also include, but not be limited to, pertinent technical and 
     financial data relating the quantity, quality, and amount of 
     all minerals extracted from the mining claim.
       (d) Audits.--The Secretary is authorized to conduct such 
     audits of all persons holding claims under this Act as he 
     deems necessary for the purposes of ensuring compliance with 
     the requirements of this section.
       (e) Disposition of Receipts.--All receipts from royalties 
     collected pursuant to this section shall be distributed as 
     follows--
       (1) 50 percent shall be deposited into the Fund referred to 
     in title III;
       (2) 25 percent collected in any State shall be paid to the 
     State in the same manner as are payments to States under 
     section 35 of the Mineral Leasing Act; and (3) 25 percent 
     shall be deposited into the Treasury of the United States.
       (f) Compliance.--Any person holding claims under this Act 
     who knowingly or willfully prepares, maintains, or submits 
     false, inaccurate, or misleading information required by this 
     section, or fails or refuses to submit such information, 
     shall be subject to the enforcement provisions of section 202 
     of this Act and forfeiture of the claim.
       (g) Regulations.--The Secretary shall promulgate 
     regulations to establish gross income for royalty purposes 
     under subsection (a) and to ensure compliance with this 
     section.
       (h) Report.--The Secretary shall submit to the Congress an 
     annual report on the implementation of this section. The 
     information to be included in the report shall include, but 
     not be limited to, aggregate and State-by-State production 
     data, and projections of mid-term and long-term hard rock 
     mineral production and trends on public lands.

     SEC. 411. SAVINGS CLAUSE

       (a) Special Application of Mining Laws.--Nothing in this 
     Act shall be construed as repealing or modifying any Federal 
     law, regulation, order or land use plan, in effect prior to 
     the effective date of this Act that prohibits or restricts 
     the application of the general mining laws, including such 
     laws that provide for special management criteria for 
     operations under the general mining laws as in effect prior 
     to the effective date of this Act, to the extent such laws 
     provide environmental protection greater than required under 
     this title.
       (b) Other Federal Laws.--Nothing in this Act shall be 
     construed as superseding, modifying, amending or repealing 
     any provision of Federal law not expressly superseded, 
     modified, amended or repealed by this Act, including but not 
     necessarily limited to, all of the following laws--
       (1) the Clean Water Act (33 U.S.C. 1251 and following);
       (2) the Clean Air Act (42 U.S.C. 7401 and following);
       (3) title IX of the Public Health Service Act (the Safe 
     Drinking Water Act (42 U.S.C. 300f and following));
       (4) the Endangered Species Act of 1973 (16 U.S.C. 1531 and 
     following);
       (5) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 and following);
       (6) the Atomic Energy Act of 1954 (42 U.S.C. 2011 and 
     following);
       (7) The Uranium Mill Tailing Radiation Control Act (42 
     U.S.C. 7901 to 7942);
       (8) the Federal Mine Safety and Health Act of 1977 (30
        U.S.C. 801 and following);
       (9) the Solid Waste Disposal Act (42 U.S.C. 6901 and 
     following);
       (10) The Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 and 
     following);
       (11) the Act commonly known as the False Claims Act (31 
     U.S.C. 3729 to 3731);
       (12) the National Historic Preservation Act (16 U.S.C. 470 
     and following);
       (13) the Migratory Bird Treaty Act (16 U.S.C. 706 and 
     following); and
       (14) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974, as amended by the National Forest Management Act 
     of 1976.
       (c) Protection of Conservation Areas.--In order to protect 
     the resources and values of Denali National Park and 
     Preserve, and all other National Conservation System units, 
     the Secretary of the Interior or other appropriate Secretary 
     shall utilize authority under this Act and other applicable 
     law to the fullest extent necessary to prevent mineral 
     activities within the boundaries of such units that could 
     have an adverse impact on the resources of values of such 
     units.

     SEC. 412. AVAILABILITY OF PUBLIC RECORDS.

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

  Mr. BUMPERS. I yield the floor, Mr. President.
  Mr. BENNETT. Mr. President, I come to the floor to talk about another 
matter, but I must respond to my friend from Arkansas--and he is, 
indeed, my friend--and say to him that I would be happy to cosponsor 
with him a bill that will call for royalty on mining claims. However, 
we have one slight disagreement about the definition of royalty. My 
friend from Arkansas wants a royalty on gross revenues, where I am 
willing to give him a royalty on net revenues.
  I know the arguments about that and the answers about that. People 
say, ``Oh, the bookkeepers will juggle the books in such a way as to 
guarantee there are no net revenues; therefore, royalty on net will not 
produce anything of value.''
  Royalty on gross, however, has the same impact as a decrease in 
price. Coming from the State of Utah, where we have had direct 
experience with what happens when there is a decrease in price in 
hardrock mining minerals, I know how devastating that can be to the 
economy.
  One of the largest employers in my State is Kennecott, with the 
largest open-pit copper mine in the world. When the price of copper 
fell below a certain level--and I will be happy to supply that for the 
Record later on if Senators are interested--Kennecott continued to 
produce even though they were producing at a loss. They did this 
because they wanted to maintain their position in the world and 
maintain their market share.
  After awhile, however, they could not continue to do that, and 
ultimately they shut down. The impact on the economy of the State of 
Utah, and particularly of the Salt Lake area, was devastating. 
Kennecott was employing about 5,000 people. Kennecott was buying 
equipment from suppliers all over the valley that were employing 
thousands more. Kennecott no longer paid any State income taxes. 
Certainly, they were not paying any Federal income taxes. And their 
employees who were out of work were not paying State or Federal income 
taxes, but many of them were drawing unemployment compensation.
  Kennecott was idle for several years until the price of copper went 
back up. And when the price of copper went back up, Kennecott said we 
are going to reopen the Kennecott mine. It was a great day for the 
State of Utah and for the city of Salt Lake when Kennecott reopened. 
They started rehiring again. They did not hire all 5,000 back; they had 
modern mining techniques, and they only hired 2,500. Even so, 2,500 
good-paying jobs in Utah were most welcome. As long as the price of 
copper stays up, those jobs will be there and Kennecott will continue 
to supply that which we need in the economy there.
  A gross royalty, as I said, Mr. President, is exactly the same thing 
as a price cut. If you put a gross royalty of 6 percent on the price of 
copper, that is exactly the same thing as cutting the price of copper 6 
percent. If you say, no, we will do a 3-percent royalty, that is 
exactly the same thing as cutting the price of copper 3 percent. Can 
the company afford to pay it? If the price of copper is sufficiently 
high on the world market, absolutely, no problem. But what happens if 
the price of copper starts to fall and that margin is the difference, 
that gross royalty is the difference between a price the company 
[[Page S3536]] can survive at and a price the company has to close down 
at? The end result you know, Mr. President; the company shuts down.
  So I am willing to endorse the idea of changing the 1872 mining law. 
I am willing to join with my friend from Arkansas in writing a change 
to that law and putting in a royalty for the Federal Government on 
these minerals. But I want it to be a net royalty rather than a gross 
royalty so that it does not produce the result of lowering the world 
price of the commodity for that particular producer.
  Let us take two mines, both of them mythical, but they will 
illustrate the point. In mine A, they are mining gold with a bulldozer. 
That is how we mine copper, by the way, at the Kennecott copper mine. 
We mine it with a bulldozer. It is an open pit copper mine, and they 
just bulldoze the material into the crushers and ultimately into the 
separators, and ultimately they get the copper.
  In mine B, they have to build shafts. They are mining with all kinds 
of challenges and difficulties finding the vein of gold. In mine A, the 
cost of mining the gold --again, picking a number out of the air, but 
these are theoretical mines--in mine A, the gold is selling for $380 an 
ounce. Their cost of producing it is about $100 an ounce. They have a 
gross margin of $280 an ounce on that gold. Mine B gold is selling for 
$380 an ounce. Their cost of producing it is $350 an ounce. They have a 
margin of $30.
  If you come along and put a gross royalty on gold, mine A is not 
going to pay any attention to that cost at all. Good Heavens, they are 
earning $230 an ounce. An extra $30 off of that, they are still going 
to earn $200 an ounce. No problem. They can pay the royalty, not be 
concerned about it, go on their way, produce gold. But in mine B, $30 
an ounce gross royalty means they have to shut down. And when you go 
into a mining situation, you have to look at not only the price that is 
being earned on the world market, but you have to look at your cost of 
production. So if you had a net royalty, the kind that I am willing to 
support, you would say, in mine A, if the royalty, to pick a number to 
keep it easy for those of us who cannot calculate too fast, is 10 
percent, mine A is going to pay you on that $230 gross margin $23 an 
ounce. Mine B is going to pay you $3 an ounce. But both mine A and mine 
B are going to be in business, and both of them are going to be hiring 
people, and both of them are going to be maintaining payrolls, and both 
of them are going to be generating income to the Federal Government.
  This brings me to the second point where I have a disagreement with 
my friend from Arkansas when he says these fabulous finds that he 
describes produce not one penny to the Federal taxpayer. That is simply 
not so. If the mine is as productive as the Senator indicates that it 
will be, it produces income taxes from the profits of the company that 
gets the gold. It produces income taxes from the employees who are 
working there. It produces income taxes from the profits of the 
suppliers who produce the machinery and the power, the utilities, the 
rest of the things that go into making the mine work, and it produces 
income taxes from the wages of the employees of the suppliers. Indeed, 
the Federal Government gets an enormous amount of money out of a 
profitable business operation like a profitable gold mine, a profitable 
copper mine, a profitable palladium mine, whatever it is.
  He wants to add to the amount of money the Federal Government is 
getting from that operation some more money in the form of a royalty. 
And as I say, I am willing to support that. The place where I part 
company with him is on whether the royalty should be on the gross or on 
the net.
  As I have said, if it is on the gross, it represents a unilateral 
price cut for American operators that foreign operators do not have to 
absorb. If it is on the net, it represents an additional income tax, if 
you will, but I am perfectly willing to grant that additional income 
tax on the grounds that the land they are using is Federal land and 
there perhaps should be that additional tax.
  As I talk to the miners in my State, they are willing to do that, 
too. There is no opposition now in the mining industry that I am aware 
of to a Federal royalty on Federal lands as long as it is a net royalty 
rather than a gross royalty.
  As I said, Mr. President, I had not intended to speak about that when 
I came to the floor, but I always enjoy my friend from Arkansas. It 
comes as no surprise to him to know that I have heard this speech 
before, so I have thought some of these things through from previous 
recitations, and I am sure we will have the debate again as the 
Congress goes on. I commend him for his diligence. I commend him for 
his determination to see this thing through, and I hope that in the 
course of things maybe we can come to an agreement and ultimately 
resolve this because I am not one who insists we cannot ever, ever 
change the 1872 mining act.
  I see the Senator is on his feet.
  Mr. President, I ask unanimous consent that he be allowed to comment 
without my losing my right to the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BUMPERS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. BUMPERS. First of all, I wish to say that it is not just me 
saying it, and perhaps the Senator from Utah would not wish to have 
commendations from this side of the aisle, but I do want to say that my 
opinion of him is shared by my colleagues. It developed almost 
immediately when he came here. He is really one of the fine additions 
to the Senate. He came here in 1992, was elected in the same year I was 
reelected. I found him to be an extremely thoughtful, compassionate, 
truly dedicated public servant. We have worked together on two or three 
issues, most notably concessions contracts in the national parks. We 
have gotten along beautifully. He does not vote the way I tell him to 
all the time, that is my only objection. But I can tell you, he is a 
man of integrity and a man of intellect, and it pains me that we are on 
opposite sides of this issue.
  I do want to make two or three points in partial rebuttal to what my 
good friend from Utah has just said.
  First, upon the completion of exploration, mining companies generally 
have a good idea about the amount and type of minerals located at a 
particular site.
  They make big investments to mine, nobody denies that. And they 
provide a lot of jobs. But let me tell you, looking for oil can be a 
lot riskier than looking for minerals. Oftentimes, oil companies will 
spend, in deep sea water, almost $1 billion to drill a well and 
sometimes hit a duster. Yet, we charge them, if they do happen to hit 
oil, 12.5 percent of the gross value of the oil they produce. And we 
charge nothing to the mining industry.
  Second, the Senator said that he objected to gross royalties, which I 
am strongly supportive of. But the Senator's own home State of Utah 
charges a 4-percent gross royalty on any nonfissionable minerals taken 
from lands that belong to the State of Utah. And virtually every mining 
contractor in this country on private lands provides for either a gross 
royalty or a net smelter return, which is close to a gross royalty. So 
there is nothing new or unique about that. I would rather take a 
percentage point or two less in royalties then to go through all those 
convoluted methods that I have heard discussed in the Energy Committee.
  Finally, while I am reluctant to use a personal analogy, my son and a 
partner went into the baking business approximately 12 years ago. They 
worked, I would say, 2 or 3 nights a week trying to perfect different 
recipes, different cooking times, different temperatures, everything--
to make what they thought was a perfect product. Then they rented a 
restaurant that closed at 9 o'clock, and they baked until 1 o'clock in 
the morning and would go out the next day and sell the product on the 
streets.
  Then they leased a little spot, and then they leased a bigger spot, 
and they leased a bigger spot, and 2 years ago they bought a big 
building. It has been growing by leaps and bounds. I guess they would 
normally have about 20 employees--during the Christmas season, maybe 30 
to 35.
  I guess that is just about the most graphic case I can think of, 
because it happens to be in the family, of somebody who went out and 
started a business, just as the Senator from Utah has 
[[Page S3537]] done. Nobody gave him a nickel to do anything. He took a 
big risk. And it looks as though it is going to be a very successful 
business.
  My point is, nobody gets up on the floor of the Senate to defend the 
thousands and thousands of people like my son who never asked for 
anything and built a business. Do you know something else? He pays 
taxes. Do you know something else? His employees pay taxes. And nobody 
gets up on the floor of the Senate and says, ``Ain't this wonderful?'' 
It is only the mining industry, only the mining industry that you hear 
that argument made for.
  Mr. President, I yield the floor.
  Mr. BENNETT. I thank my friend. I remind him--remind is the wrong 
term--I tell him that I did stand on the floor and defend exactly the 
kind of businesses he just described during the debate last year over 
the President's economic package, and told stories similar to the one 
he has told, and demonstrated, I thought, how the devastation of the 
``S'' corporation procedure that was contained in the President's plan 
would damage businesses like that.
  I did not prevail on that occasion but I assure my colleague those 
kinds of presentations in defense of those businesses have been made. I 
have great admiration for his son. I also happen to like his son's 
cookies, which the Senator is kind enough to share with me from time to 
time. They are, indeed, a good product.
  We can have this debate, and we will. My point is that there is more 
to this than simply the question of whether or not the taxpayers are 
being ripped off by giving away land. It is not that there are bars of 
gold sitting on the ground, waiting to be picked up and taken to Fort 
Knox and turned into cash. There are all kinds of processes that must 
be performed before the gold can be refined, before it can be sold. I 
say to the Senator, as he talks about the oil industry that faces 
exactly the same thing, I think his analogy is well taken. The oil 
industry faces the risk of exploration, the costs of refining, and all 
of the rest of that.
  We have in the State of Utah enough oil, according to the geologists, 
to dwarf and eclipse the oil in Saudi Arabia. We have trillions and 
trillions and trillions of barrels of oil in the State of Utah. Why, 
therefore, are we not producing oil? For the simple reason that in Utah 
the oil is trapped in what is called oil shale. It is not down beneath 
the sand, to be pumped out simply by, in the language of the oil 
industry, sticking a straw in and sipping it up. And the oil shale does 
not become commercially viable until the world price of oil goes 
somewhere in the neighborhood of $50 to $60 a barrel.
  If we were going to get $60 a barrel for oil, you would see Utah take 
over for Saudi Arabia, and Utah be the oil center of the universe. But 
the world price is not at $60 a barrel; the world price is nowhere near 
$60 a barrel.
  Let us say that the world price was close to making shale oil 
commercially viable but the 12.5-percent increase in the world price 
represented by the U.S. royalty was the knife edge between its being 
profitable and not profitable. If that were to be the case and we were 
facing a serious energy crisis, I would come to the floor and say let 
us repeal the 12.5-percent royalty. Let us go to a net royalty on oil 
companies. Indeed, I am willing to talk about that as a possibility 
here.
  You know the gold is there. Yes. When you buy the land, when you 
patent the land, you know the gold is there. The thing you do not know 
and cannot predict, cannot be sure of, is the world price of the gold. 
That is where you are taking a gamble. If the world price of the metal 
falls below a certain level, you have just lost your money, which is 
what happened, as I said, in the State of Utah where we lost 5,000 
jobs, not because people did not know the copper was there. The copper 
was still there. The difference is that the world price fell, and when 
the world price fell below that level, we shut down and we lost all the 
jobs. And we lost all the employment. When the world price came back 
up, the jobs came back up.
  My concern is not to bail out the rich mining companies. My concern 
is to hang onto those jobs if I can and say let us put the royalties in 
such a fashion that we do not cut the price for U.S. producers by an 
amount that their foreign competitors do not have.
                                 ______

      By Mr. HARKIN:
  S. 505. A bill to direct the Administrator of the Environmental 
Protection Agency not to act under section 6 of the Toxic Substances 
Control Act to prohibit the manufacturing, processing, or distribution 
of certain fishing sinkers or lures; to the Committee on Environment 
and Public Works.


                common sense in fishing regulations act

 Mr. HARKIN. Mr. President, today I am introducing the Common 
Sense In Fishing Regulations Act. This bill limits government 
regulation run amok, its approval would put a little common sense into 
an area of extreme overregulation.
  In March of last year the Environmental Protection Agency [EPA] 
proposed a rule that would ban the manufacture and sale of lead fishing 
sinkers--the weights most anglers use to get their baits and lures down 
to where the fish are. As an angler myself, I see this as a clear 
example of overzealous regulators acting far outside the realm of the 
reasonable and into the ridiculous.
  In 1992 the Environmental Defense Fund, a fine organization with 
highly laudable goals, and several other organizations petitioned EPA 
under the Toxic Substances Control Act to issue a regulation that would 
require labels on lead fishing sinkers stating that lead is toxic to 
wildlife. In a few rare cases it has been shown that waterfowl will 
ingest sinkers improperly discarded at the water's edge, using them in 
their digestive tract to help grind their food. Because the sinkers can 
stay in the birds for an extended time, lead poisoning can develop. The 
petitioners felt that if anglers were made more aware of the possible 
dangers of improperly discarding used sinkers they would be even more 
conscientious with their use. However, EPA went far beyond the scope of 
the petition and I believe in fact the law and proposed a total ban on 
the sale and manufacture of lead sinkers.
  In their research EPA could document fewer than 50 cases, nationwide, 
over a period of 16 years in which waterfowl had died of lead poisoning 
likely due to the ingestion of lead sinkers. Across this entire Nation 
over a period of 16 years, they could only document a few possible 
cases and yet they want to stop millions of American anglers from using 
devices that have been in use on this continent for centuries! If this 
is not a case of extreme overregulation and micromanagement by a 
Federal bureaucracy, I don't know what is. EPA has based their actions 
on speculation and anecdotal information, not on hard scientific 
research. It is incomprehensible that EPA would base such a far 
reaching regulation on such a statistically insignificant number of 
incidents out of a bird population that numbers in the hundreds of 
millions. No one would dispute that lead in the bloodstream is toxic 
and that waterfowl could die from using lead in their digestive system. 
But EPA has clearly not established that lead sinkers ``present or will 
present an unreasonable risk of injury to human health or the 
environment'' as is clearly required for such action under the Toxic 
Substances Control Act. In fact, they clearly state that they cannot 
establish any threat to human health through the home manufacture of 
lead sinkers.
  And that is where a great many lead sinkers are made. In the 
basements and garages across this country, many anglers have a side 
hobby, making sinkers, jigs, and other lead based fishing tackle. They 
make different types, test their effectiveness, and make modifications 
on their designs as needed. This adds greatly to the fishing experience 
and angling challenge through more complete involvement in all aspects 
of the sport. Yet EPA wants to prohibit this type of activity without 
any scientific basis whatsoever. The proposed rule even states that the 
possible risk to human health through home manufacture is impossible to 
evaluate.
  When lead shot for waterfowl hunting was banned several years ago, 
hundreds of thousands of waterfowl gizzards were examined. There was 
clear evidence that lead shotgun shell pellets did pose a very real 
threat to ducks and geese. That is just not the case in this instance. 
As I stated, there is not enough evidence to warrant such a sweeping 
regulation.
  [[Page S3538]] This ban would also force many small manufacturers out 
of business. While it can be feasible for a large company to retool and 
develop alternatives to lead, the costs to a small business in terms of 
the research and equipment needed to convert their operation is 
prohibitive and would force many small businesses to close their doors, 
leaving many individuals without livelihoods. While the larger 
companies reap the benefits of deeper pockets, the small business is 
squeezed out.
  One of the true ironies in EPA's proposed rule is that it does not 
ban the use of lead sinkers, or ban the sale of current stocks. It 
seems strange to me that if these sinkers are so bad for the 
environment that they must be banned that EPA would allow their 
continued use in any instance. Anglers can continue to use the sinkers 
they have on hand after the ban becomes effective, and stores are given 
time in the proposed rule to sell out whatever stock they have on hand. 
This proposal thus would create an enforcement nightmare. It might take 
years, sinkers are pretty durable and often a small number will last an 
angler for quite some time, to use all the lead sinkers in existence 
should the ban become effective. In the meantime, will EPA enforcement 
officers be checking people's garages and basements to ensure that new 
sinkers are not being made? Will a black market in lead sinkers 
develop? And what would this regulation require of State fish and game 
enforcement officers?
  Mr. President, a regulation such as this could greatly add to the 
burden on a State's game wardens. These individuals are some of the 
hardest working and most efficient law enforcement officials in the 
country and in an increasingly hostile environment we want to require 
them to determine the age of every sinker used. This regulation could 
force law abiding anglers--and most are extremely careful when it comes 
to game laws--to prove where and when they got any sinkers they are 
using or face criminal charges. Will anglers be required to keep the 
receipts for all of their tackle in their tackle boxes to prove 
purchase dates? All this because EPA has gone wild with regulations.
  No group is more widely supportive of environmentally sound 
regulation than America's anglers. They see the very direct correlation 
between sound, sane environmental regulations and the benefits gained 
from them. Without environmental protections, the hobby and industry 
that is fishing in America would not be viable. Anglers understand all 
too well that without appropriate protections and regulations one of 
America's most widely enjoyed outdoor sports would cease to exist. 
Without sound policies America's water would soon be devoid of fish and 
most anglers are extremely cognizant of that and act accordingly when 
in the pursuit of their hobby. But this regulation is far beyond any 
reasonable and sound environmental policy. It is based on guesswork and 
supposition, not sound science. It oversteps the bounds of common 
sense.
  Mr. President, before EPA proposes such a rule that will create 
untold headaches for State enforcement officials, anglers and many 
small business, it should be ready to provide much more complete proof 
that it is necessary and would be effective.
  Finally, this amendment does not preclude future EPA action on this 
issue. EPA should take appropriate steps to protect waterfowl, no one 
is arguing that point. The bill I am introducing today specifies that 
should more substantial evidence or risk to either human health or 
wildlife become available then the Administrator is directed to report 
that information to Congress and make suggestions regarding possible 
legislative action.
  Mr. President, I want to be clear that there are many critically 
important rules and regulations in place and being drafted on things 
from protecting worker rights and worker safety to making sure our air 
is clean. Some are proposing to freeze all regulations and gut many 
others. That is clearly not the right approach. We need reforms, but we 
need common sense reforms. We need to be very selective to assure that 
critical protections are not discarded as we act to block the 
ridiculous.
  Having said that, it is important that this bill be passed as soon as 
possible as EPA is actively pursuing its course of action on this 
proposed rule. They have held hearings and the comment period has 
closed. EPA will soon be coming out with the final rule on this subject 
and millions of anglers will be seriously affected by the finalization 
of this ridiculous rule.
  I ask my colleagues to support this measure and to help bring a 
little more common sense to our Government. I ask unanimous consent 
that a copy of the bill be included in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 505

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Common Sense in Fishing 
     Regulations Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) millions of Americans of all ages enjoy recreational 
     fishing; fishing is one of the most popular sports;
       (2) lead and other types of metal sinkers and fishing lures 
     have been used by Americans fishing for hundreds of years;
       (3) the Administrator of the Environmental Protection 
     Agency has proposed to issue a rule under section 6 of the 
     Toxic Substances Control Act, to prohibit the manufacturing, 
     processing, and distribution in commerce in the United 
     States, of certain smaller size fishing sinkers containing 
     lead and zinc, and mixed with other substances, including 
     those made of brass;
       (4) the Environmental Protection Agency has based its 
     conclusions that lead fishing sinkers of a certain size 
     present an unreasonable risk of injury to human health or the 
     environment on less than definitive scientific data, 
     conjecture and anecdotal information;
       (5) alternative forms of sinkers and fishing lures are 
     considerably more expensive than those made of lead; 
     consequently, a ban on lead sinkers would impose additional 
     costs on millions of Americans who fish;
       (6) in the absence of more definitive evidence of harm to 
     the environment, the Federal Government should not take steps 
     to restrict the use of lead sinkers; and
       (7) alternative measures to protect waterfowl from lead 
     exposure should be carefully reviewed.

     SEC. 3. FISHING SINKERS AND LURES.

       (a) Directive.--The Administrator of the Environmental 
     Protection Agency shall not, under purported authority of 
     section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605), take action to prohibit or otherwise restrict the 
     manufacturing, processing, distributing, or use of any 
     fishing sinkers or lures containing lead, zinc, or brass.
       (b) Further Action.--If the Administrator obtains a 
     substantially greater amount of evidence of risk of injury to 
     health or the environment than that which was adduced in the 
     rulemaking proceedings described in the proposed rule dated 
     February 28, 1994 (59 Fed. Reg. 11122 (March 9, 1994)), the 
     Administrator shall report those findings to Congress, with 
     any recommendation that the Administrator may have for 
     legislative action.
                         ADDITIONAL COSPONSORS


                                 S. 34

  At the request of Mr. Breaux, the name of the Senator from 
Mississippi [Mr. Cochran] was added as a cosponsor of S. 34, a bill to 
amend the Internal Revenue Code of 1986 to treat geological, 
geophysical, and surface casing costs like intangible drilling and 
development costs, and for other purposes.


                                 S. 200

  At the request of Mr. Bradley, the name of the Senator from 
Massachusetts [Mr. Kennedy] was added as a cosponsor of S. 200, a bill 
to amend title 18, United States Code, to regulate the manufacture, 
importation, and sale of any projectile that may be used in a handgun 
and is capable of penetrating police body armor.


                                 S. 240

  At the request of Mr. Domenici, the name of the Senator from Indiana 
[Mr. Coats] was added as a cosponsor of S. 240, a bill to amend the 
Securities Exchange Act of 1934 to establish a filing deadline and to 
provide certain safeguards to ensure that the interests of investors 
are well protected under the implied private action provisions of the 
act.


                                 S. 244

  At the request of Mr. Harkin, his name was added as a cosponsor of S. 
244, a bill to further the goals of the Paperwork Reduction Act to have 
Federal agencies become more responsible and publicly accountable for 
reducing the burden of Federal paperwork on the public, and for other 
purposes.
  At the request of Mr. Nunn, the names of the Senator from Mississippi 
[Mr. Lott], the Senator from Alaska [Mr. Stevens], the Senator from 
Hawaii [Mr. Akaka], the Senator from 
[[Page S3539]] Iowa [Mr. Grassley], the Senator from Wyoming [Mr. 
Thomas], the Senator from Maine [Mr. Cohen], the Senator from Tennessee 
[Mr. Thompson], the Senator from West Virginia [Mr. Rockefeller], and 
the Senator from New York [Mr. D'Amato] were added as cosponsors of S. 
244, supra.


                                 S. 476

  At the request of Mr. Nickles, the name of the Senator from 
Mississippi [Mr. Lott] was added as a cosponsor of S. 476, a bill to 
amend title 23, United States Code, to eliminate the national maximum 
speed limit, and for other purposes.


                     Senate Concurrent Resolution 3

  At the request of Mr. Simon, the names of the Senator from Montana 
[Mr. Burns], the Senator from Georgia [Mr. Coverdell], the Senator from 
Idaho [Mr. Craig], the Senator from North Carolina [Mr. Faircloth], the 
Senator from New Hampshire [Mr. Gregg], the Senator from North Carolina 
[Mr. Helms], the Senator from Oklahoma [Mr. Inhofe], the Senator from 
Arizona [Mr. Kyl], the Senator from Arizona [Mr. McCain], the Senator 
from Alaska [Mr. Murkowski], and the Senator from South Carolina [Mr. 
Thurmond] were added as cosponsors of Senate Concurrent Resolution 3, a 
concurrent resolution relative to Taiwan and the United Nations.


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