Clean Energy Minerals Reform Act of 2022
This bill addresses mineral leasing, exploration, and development on federal land. For example, the bill
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7580 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7580
To modify the requirements applicable to locatable minerals on public
domain lands, consistent with the principles of self-initiation of
mining claims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2022
Mr. Grijalva (for himself, Mr. Lowenthal, Mr. Huffman, Ms. Tlaib, Mr.
Beyer, Mr. Blumenauer, Ms. Porter, Mr. DeFazio, Ms. McCollum, Ms.
Norton, Mr. Levin of California, and Mr. Cohen) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To modify the requirements applicable to locatable minerals on public
domain lands, consistent with the principles of self-initiation of
mining claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Energy
Minerals Reform Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
Sec. 3. Application rules.
TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT
Sec. 101. Closure to entry and location.
Sec. 102. Limitation on patents.
Sec. 103. Prospecting license and hardrock leases.
Sec. 104. Competitive leasing.
Sec. 105. Small miners leases.
Sec. 106. Lands containing nonhardrock minerals; other uses.
Sec. 107. Royalty.
Sec. 108. Existing production.
Sec. 109. Hardrock mining claim maintenance fee.
Sec. 110. Effect of payments for use and occupancy of claims.
Sec. 111. Protection of special places.
Sec. 112. Suitability determination.
TITLE II--CONSULTATION PROCEDURE
Sec. 201. Requirement for consultation.
Sec. 202. Timing.
Sec. 203. Scoping stage consultation.
Sec. 204. Decision stage procedures.
Sec. 205. Documentation and reporting.
Sec. 206. Implementation.
Sec. 207. Sensitive Tribal information.
TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT
Sec. 301. General standard for hardrock mining on Federal land.
Sec. 302. Permits.
Sec. 303. Exploration permit.
Sec. 304. Operations permit.
Sec. 305. Persons ineligible for permits.
Sec. 306. Financial assurance.
Sec. 307. Operation and reclamation.
Sec. 308. State law and regulation.
TITLE IV--ABANDONED HARDROCK MINE RECLAMATION
Sec. 401. Establishment of Fund.
Sec. 402. Contents of Fund.
Sec. 403. Displaced material reclamation fee.
Sec. 404. Use of the Fund.
TITLE V--ADDITIONAL PROVISIONS
Sec. 501. Policy functions.
Sec. 502. User fees and inflation adjustment.
Sec. 503. Inspection and monitoring.
Sec. 504. Citizens suits.
Sec. 505. Administrative and judicial review.
Sec. 506. Reporting requirements.
Sec. 507. Enforcement.
Sec. 508. Regulations.
Sec. 509. Oil shale claims.
Sec. 510. Savings clause.
Sec. 511. Availability of public records.
Sec. 512. Miscellaneous powers.
Sec. 513. Mineral materials.
Sec. 514. Effective date.
SEC. 2. DEFINITIONS AND REFERENCES.
(a) In General.--As used in this Act:
(1) The term ``adjacent land'' means any land not more than
two miles from the boundary of a described land tract.
(2) The term ``affiliate'' means, with respect to any
person, any of the following:
(A) Any person who controls, is controlled by, or
is under common control with such person.
(B) Any partner of such person.
(C) Any person owning at least 10 percent of the
voting shares of such person.
(3) The term ``agency'' means any authority of the United
States that is an ``agency'' under section 3502(1) of title 44,
United States Code.
(4) The term ``applicant'' means any person applying for a
permit, license, or lease under this Act or a modification to
or a renewal of a permit, license, or lease under this Act.
(5) The term ``beneficiation'' means the crushing and
grinding of hardrock mineral ore and such processes as are
employed to free the mineral from other constituents, including
physical and chemical separation techniques.
(6) The term ``casual use''--
(A) subject to subparagraphs (B) and (C), means
mineral activities that do not ordinarily result in any
disturbance of public lands and resources;
(B) includes collection of geochemical, rock, soil,
or mineral specimens using handtools, hand panning, or
nonmotorized sluicing; and
(C) does not include--
(i) the use of mechanized earth-moving
equipment, suction dredging, or explosives;
(ii) the use of motor vehicles in areas
closed to off-road vehicles;
(iii) the construction of roads or drill
pads; and
(iv) the use of toxic or hazardous
materials.
(7) The term ``claim holder'' means a person holding a
mining claim, millsite claim, or tunnel site claim located
under the general mining laws and maintained in compliance with
such laws. Such term may include an agent of a claim holder.
(8) The term ``control'' means having the ability, directly
or indirectly, to determine (without regard to whether
exercised through one or more corporate structures) the manner
in which an entity conducts mineral activities, through any
means, including ownership interest, authority to commit the
entity's real or financial assets, position as a director,
officer, or partner of the entity, or contractual arrangement.
(9) The term ``crude ore'' means ore in its unprocessed
form, containing profitable amounts of the target mineral.
(10) The term ``displaced material'' means any crude ore
and waste dislodged from its location at the time hardrock
mineral activities begin at a surface, underground, or in-situ
mine.
(11) The term ``exploration''--
(A) subject to subparagraphs (B) and (C), means
creating surface disturbance other than casual use, to
evaluate the type, extent, quantity, or quality of
minerals present;
(B) includes mineral activities associated with
sampling, drilling, and analyzing hardrock mineral
values; and
(C) does not include extraction of mineral material
for commercial use or sale.
(12) The term ``Federal land'' means any land, and any
interest in land, that is owned by the United States, except
lands in the National Park System, Indian lands, and lands on
the Outer Continental Shelf.
(13) The term ``Fund'' means the Hardrock Minerals
Reclamation Fund established by this Act.
(14) The term ``Indian lands'' means lands held in trust
for the benefit of an Indian Tribe or individual or held by an
Indian Tribe or individual subject to a restriction by the
United States against alienation, or held by an Alaska Native
village, village corporation, or regional corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
(15) The term ``Indian Tribe'' means any Indian Tribe,
band, nation, pueblo, or other organized group or community,
including any Alaska Native village, village corporation, or
regional corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), that is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
(16) The term ``hardrock mineral''--
(A) subject to subparagraph (B), means any mineral
that was subject to location under the general mining
laws as of the date of enactment of this Act, and that
is not subject to disposition under--
(i) the Mineral Leasing Act (30 U.S.C. 181
et seq.);
(ii) the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
(iii) the Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 et seq.); or
(iv) the Mineral Leasing for Acquired Lands
Act (30 U.S.C. 351 et seq.); and
(B) does not include any mineral that is subject to
a restriction against alienation imposed by the United
States and is--
(i) held in trust by the United States for
any Indian or Indian Tribe, as defined in
section 2 of the Indian Mineral Development Act
of 1982 (25 U.S.C. 2101); or
(ii) owned by any Indian or Indian Tribe,
as defined in that section.
(17) The term ``mineral activities'' means any activity on
a mining claim, millsite claim, or tunnel site claim, or a
lease, license, or permit issued under this Act, for, related
to, or incidental to, mineral exploration, mining,
beneficiation, processing, or reclamation activities for any
hardrock mineral.
(18) The term ``memorandum of agreement'' means a document
that records the terms and conditions agreed upon by an agency
and an Indian Tribe through the consultation process regarding
an activity.
(19) The term ``National Conservation System unit'' means
any unit of the National Park System, National Wildlife Refuge
System, National Wild and Scenic Rivers System, National
Wilderness Preservation System, National Landscape Conservation
System, or National Trails System, or a National Conservation
Area, a National Recreation Area, a Wilderness Study Area, a
National Monument, or any unit of the National Wilderness
Preservation System or lands within the National Forest System,
including:
(A) National Volcanic Monuments.
(B) Recreation Areas, Scenic Recreation Areas, and
Winter Recreation Areas.
(C) Scenic Areas, Scenic-Research Areas, Scenic
Highways, National Scenic and Wildlife Areas.
(D) National Game and Wildlife Preserves.
(E) Special Management, Wildlife, Conservation and
Protection Areas, including botanical, hydrological
(watershed), geological, historical, paleontological,
and zoological areas.
(F) Experimental Forests, Ranges, and Watersheds.
(G) Research Sites and Research Natural Areas.
(H) Inventoried Roadless Area, Colorado Roadless
Area, and Idaho Roadless Area.
(I) Recommended Wilderness and Primitive Areas.
(20) The term ``operator'' means any person proposing or
authorized by a permit issued under this Act to conduct mineral
activities and any agent of such person.
(21) The term ``person'' means an individual, Indian Tribe,
partnership, association, society, joint venture, joint stock
company, firm, company, corporation, cooperative, or other
organization and any instrumentality of State or local
government including any publicly owned utility or publicly
owned corporation of State or local government.
(22) The term ``processing'' means processes downstream of
beneficiation employed to prepare locatable mineral ore into
the final marketable product, including smelting and
electrolytic refining.
(23) The term ``sacred site'' means any specific delineated
location on Federal land that is identified by an Indian
Tribe--
(A) as sacred by virtue of its established
religious significance to, or ceremonial use by, an
Indian religion; or
(B) to be of established cultural significance.
(24) The term ``Secretary'' means the Secretary of the
Interior, unless otherwise specified.
(25) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service) with respect to
National Forest System land; and
(B) the Secretary of the Interior (acting through
the Director of the Bureau of Land Management) with
respect to other Federal land.
(26)(A) The term ``small miner'' means a person (including
all related parties thereto) that--
(i) holds not more than 10 mining claims, mill
sites, or tunnel sites, or any combination thereof, on
public lands;
(ii) holds leases and permits under this Act with
respect to not more than 200 acres of Federal land;
(iii) certifies to the Secretary in writing that
the person had annual gross income in the preceding
calendar year from mineral production in an amount less
than $50,000; and
(iv) has performed assessment work required under
the Mining Law of 1872 (30 U.S.C. 28 et seq.) to
maintain any mining claims held by the person
(including such related parties) for the assessment
year ending on noon of September 1 of the calendar year
in which payment of the claim maintenance fee was due.
(B) For purposes of subparagraph (A), with respect to any
person, the term ``all related parties'' means--
(i) the spouse and dependent children (as defined
in section 152 of the Internal Revenue Code of 1986),
of the person concerned; or
(ii) a person affiliated with the person concerned,
including--
(I) another person controlled by,
controlling, or under common control with the
person concerned; or
(II) a subsidiary or parent company or
corporation of the person concerned.
(C) For purposes of subparagraph (A)(iii), the dollar
amount shall be applied, for a person, to the aggregate of all
annual gross income from mineral production under all mining
claims held by or assigned to such person or all related
parties with respect to such person, including mining claims
located or for which a patent was issued before the date of
enactment of this Act.
(27) The term ``temporary cessation'' means a halt in mine-
related production activities for a continuous period of no
longer than 5 years.
(28) The term ``ton'' means 2,000 pounds avoirdupois
(.90718 metric ton).
(29) The term ``undue degradation'' means irreparable harm
to significant scientific, cultural, or environmental resources
on public lands.
(30) The term ``valuable mineral deposit'' means a deposit
of hardrock minerals that is of sufficient value for a prudent
operator to economically mine.
(31) The term ``waste'' means rock that must be fractured
and removed in order to gain access to crude ore.
(b) References to Other Laws.--
(1) General mining laws.--Any reference in this Act to the
term ``general mining laws'' is a reference to those Acts that
generally comprise chapters 2, 12A, and 16, and sections 161
and 162, of title 30, United States Code.
(2) Act of july 23, 1955.--Any reference in this Act to the
Act of July 23, 1955, is a reference to the Act entitled ``An
Act to amend the Act of July 31, 1947 (61 Stat. 681) and the
mining laws to provide for multiple use of the surface of the
same tracts of the public lands, and for other purposes'' (30
U.S.C. 601 et seq.).
SEC. 3. APPLICATION RULES.
(a) In General.--This Act applies to any mining claim, millsite
claim, or tunnel site claim located under the general mining laws,
before or on the date of enactment of this Act.
(b) Application of Act to Beneficiation and Processing of Non-
Federal Minerals on Federal Lands.--The provisions of this Act shall
apply in the same manner and to the same extent to mining claims,
millsite claims, tunnel site claims, and any land included in a lease
or license issued under this Act, used for beneficiation or processing
activities for any hardrock mineral.
TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT
SEC. 101. CLOSURE TO ENTRY AND LOCATION.
(a) Closure.--Except as otherwise provided in this section, as of
the effective date of this Act all Federal lands are closed to entry
and location under the general mining laws, and no new rights under the
general mining laws may be acquired.
(b) Existing Nonproducing Claims.--
(1) Claims without plan of operations.--Any claim under the
general mining laws existing on the effective date of this Act
for which a plan of operations is not approved, or a notice of
operations is not filed, before such date shall be subject to
the requirements of this Act, and may remain in effect until
not later than the end of the 10-year period beginning on the
date of enactment of this Act if the claimholder remains in
compliance with section 109, unless the claim holder--
(A) relinquishes the claim; or
(B) demonstrates eligibility for a lease and
requests conversion under the regulations issued under
subsection (d).
(2) Shortening of period.--The 10-year period referred to
in paragraph (1) shall be shortened to 3 years if--
(A) the claim is for an area that is located in an
area withdrawn or temporarily segregated from location
under the general mining laws as of the effective date
of this Act; or
(B) the claim belongs to a small miner.
(3) Conversion.--Upon showing to the satisfaction of the
Secretary of a valuable mineral deposit on lands subject to
such a claim, the Secretary may convert the claim to a
noncompetitive lease under the regulations issued under
subsection (d).
(4) Claims not converted.--Any such claims not converted to
leases at the end of the applicable period under paragraph (1)
or (2) shall be considered invalid and void.
(c) Existing Claims With Plan of Operation.--
(1) In general.--In the case of any claim under the general
mining laws for which a plan of operations has been approved
but for which operations have not commenced before the date of
enactment of this Act--
(A) during the 10-year period beginning on the date
of enactment of this Act--
(i) mineral activities on lands subject to
such claim shall be subject to such plan of
operations; and
(ii) modification of such plan may be made
in accordance with the provisions of law
applicable before the date of enactment of this
Act if such modifications are considered minor
by the Secretary concerned; and
(B) the operator shall bring such mineral
activities into compliance with this Act by the end of
such 10-year period.
(2) Activities pending decision on modification to plan of
operations.--If an application for modification of a plan of
operations referred to in paragraph (1)(A)(ii) has been timely
submitted and an approved plan expires before the Secretary
concerned takes action on the application, mineral activities
and reclamation may continue in accordance with the terms of
the expired plan until such Secretary makes an administrative
decision on the application.
(3) Conversion requirement.--Any claims referred to in
paragraph (1) may remain in effect for a period of up to 10
years. Any claim not converted to a lease under subsection (d)
before the end of that period shall be subject to a fee of $100
per acre per day until the claim is converted to a lease.
(d) Conversion Regulations.--
(1) In general.--The Secretary shall issue regulations not
later than 1 year after the date of enactment of this Act to
provide for the conversion of mining claims to noncompetitive
mining leases.
(2) Content.--The regulations issued under paragraph (1)
shall--
(A) prohibit the conversion of a mining claim to a
mining lease by a claimholder who is in violation of
this Act or other State or Federal environmental,
health, or worker safety law;
(B) allow the Secretary to exercise discretion to
include nonmineral lands within the boundaries of any
mill site associated with the mining claim to be
converted to a noncompetitive lease;
(C) prohibit the area in any noncompetitive mining
lease issued under this subsection to exceed the
maximum area authorized by this Act to be leased to any
person;
(D) require the consent of the surface managing
agency for conversion of a mining claim to a
noncompetitive mining lease;
(E) require the fiscal terms of the converted
noncompetitive mining lease to be the same as provided
in this Act for other hardrock mining leases;
(F) require compliance with all provisions of this
Act; and
(G) include any other terms the Secretary considers
appropriate.
(e) National Environmental Policy Act.--The Secretary is not
required to conduct an environmental analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the
issuance of a noncompetitive lease under this section, unless the
noncompetitive lease modifies or extends the surface disturbance
already authorized under a mine plan of operations covering the mining
claim that is converted.
SEC. 102. LIMITATION ON PATENTS.
(a) Mining Claims.--
(1) Determinations required.--After the date of enactment
of this Act, no patent shall be issued by the United States for
any mining claim located under the general mining laws unless
the Secretary determines that, for the claim concerned--
(A) a patent application was filed with the
Secretary on or before September 30, 1994; and
(B) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and
30), in the case of a vein or lode claim, or sections
2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37), in the case of a placer claim,
were fully complied with by that date.
(2) Right to patent.--If the Secretary makes the
determinations referred to in subparagraphs (A) and (B) of
paragraph (1) for any mining claim, the holder of the claim
shall be entitled to the issuance of a patent in the same
manner and degree to which such claim holder would have been
entitled to prior to the enactment of this Act, unless such
determinations are withdrawn or invalidated by the Secretary or
by a court of the United States.
(b) Millsite Claims.--
(1) Determinations required.--After the date of enactment
of this Act, no patent shall be issued by the United States for
any millsite claim located under the general mining laws unless
the Secretary determines that for such millsite--
(A) a patent application for the land subject to
such claim was filed with the Secretary on or before
September 30, 1994; and
(B) all requirements applicable to such patent
application were fully complied with before that date.
(2) Right to patent.--If the Secretary makes the
determinations described in subparagraphs (A) and (B) of
paragraph (1) for any millsite claim, the holder of the claim
shall be entitled to the issuance of a patent in the same
manner and degree to which such claim holder would have been
entitled to prior to the enactment of this Act, unless such
determinations are withdrawn or invalidated by the Secretary or
by a court of the United States.
SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES.
(a) In General.--No person may conduct mineral prospecting for
commercial purposes for any hardrock mineral on Federal lands without a
prospecting license or a small miners lease.
(b) Prospecting Licenses.--
(1) In general.--The Secretary may, under such rules and
regulations as the Secretary may prescribe and with the
concurrence of the relevant surface management agency, grant an
applicant a prospecting license that shall give the exclusive
right to prospect for specified hardrock minerals on Federal
lands for a period of not exceeding 2 years.
(2) Maximum area.--The area subject to such a license shall
not exceed 2,560 acres of land, in reasonably compact form.
(3) License application fee.--The Secretary shall charge a
fee for each license application to cover the costs of
processing the license, and the license shall be subject to
annual rentals equal to $10 per acre per year.
(4) Terms and conditions.--A prospecting license must
conform with the terms and conditions of a comprehensive land
use plan approved under the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.). For areas where a comprehensive land use plan
treating hardrock mining as a multiple-use activity has not
been completed, the Secretary concerned shall ensure that the
land to be covered by the license is suitable for mineral
activities.
(5) Extension.--A prospecting license may be extended for
up to an additional 4 years upon a showing by the licensee that
the licensee explored with reasonable diligence and was unable
to determine the existence and workability of a valuable
deposit covered by the license, or that the failure to perform
diligent prospecting activities was due to conditions beyond
the licensee's control.
(c) Noncompetitive Leases.--
(1) In general.--Upon a showing to the satisfaction of the
Secretary by a prospecting licensee under subsection (a) that a
valuable deposit of a hardrock mineral has been discovered by
the licensee within an area covered by the prospecting license
and with the consent of the surface agency, the licensee shall
be entitled to a lease for any or all of the land included in
the prospecting license, as well as any nonmineral lands
necessary for processing or milling operations, at a royalty of
no less than 12.5 percent of the gross value of production of
hardrock minerals or mineral concentrates or products derived
from hardrock minerals under the lease. Rentals for such lease
shall be set by the Secretary at no less than $10 per acre per
year, with rentals paid in any one year credited against
royalties accruing for that year. The recipient of such lease
is not entitled to an operations permit.
(2) Lease period.--
(A) In general.--A lease under this section shall
be for a period of 20 years, with the right to renew
for successive periods of 10 years if hardrock minerals
are being produced in commercial quantities under the
lease.
(B) Extension during nonproduction.--If hardrock
minerals are not being produced in commercial
quantities at the end of the primary term or any
subsequent term of such a lease, the Secretary may
issue a 10-year extension of the lease in the interest
of conservation, reclamation maintenance, or upon a
successful showing by the lessee that the lease cannot
be successfully operated at a profit or for other
reasons. No more than one extension under this
subparagraph may be issued.
(d) Cumulative Acreage Limitation.--No person may take, hold, own,
or control at one time, whether acquired directly from the Secretary
under this Act or otherwise, hardrock mining leases or licenses for an
aggregate of more than 20,480 acres in any one State.
(e) Reduction of Royalty Rate.--
(1) Subject to paragraph (2), the Secretary--
(A) may reduce the royalty rate for a lease upon a
showing by clear and convincing evidence by the person
conducting mineral activities under the lease that
production would not occur without the reduction in
royalty; and
(B) may reduce royalty and rental rates for a lease
to encourage exploration for and development of
hardrock minerals classified as strategic and critical
by the Department of Energy.
(2) The Secretary may not reduce the royalty rate for a
lease pursuant to paragraph (1) to a royalty rate of less than
6.25 percent.
(f) Protection of Land and Other Resources.--The Secretary may
include in any lease or license issued under this Act such provisions
as are necessary to adequately protect the lands and other resources in
the vicinity of the area subject to the lease or license. For land not
managed by the Department of the Interior, the Secretary shall consult
with the appropriate surface management agency in formulating such
provisions.
SEC. 104. COMPETITIVE LEASING.
(a) In General.--Subject to sections 111 and 112, Federal lands
known to contain valuable deposits of hardrock minerals that are not
covered by claims, licenses, or leases may only be open to hardrock
mineral exploration or development through competitive leasing by the
Secretary by such methods the Secretary may adopt by regulation and in
such areas as the Secretary may determine, including nonmineral lands
the Secretary considers necessary for processing or milling operations.
The total area of land subject to any such lease shall not exceed 2,560
acres.
(b) Terms and Requirements.--All terms and requirements for
competitive leases under this section shall be the same as if the
leases were issued noncompetitively under section 103(c).
SEC. 105. SMALL MINERS LEASES.
(a) In General.--The Secretary may issue small miners leases to
qualified small miners that apply, under such rules and regulations as
the Secretary may prescribe, including conditions to require diligent
development of the lease and to ensure protection of surface resources
and groundwater.
(b) Exclusive Right.--A small miners lease shall give the lease
holder the exclusive right to prospect for hardrock minerals for 3
years on up to 200 acres of contiguous or non-contiguous Federal land.
(c) Application Fee.--The Secretary shall charge a reasonable
application fee for such a lease.
(d) Rentals.--Rentals for such a lease shall be $5 per acre per
year for the first 3 years.
(e) Renewal.--Such leases may be renewed for additional 3-year
periods, with no limit, with a $10 per acre per year rental charged for
renewed leases.
(f) Challenge.--Any individual may file a challenge with the
Secretary that a lease holder is in violation of the diligence terms of
a small miners lease or does not qualify as a small miner. A small
miners lease that is under such a challenge may not be renewed unless
the Secretary has determined that the lease holder is a small miner and
is in compliance with all the terms of the lease.
(g) No Royalties.--No royalties shall be charged for commercial
production under a small miners lease.
(h) Conversion of Existing Claims.--An existing claim, as of the
date of enactment of this Act, that belongs to an individual that
qualifies as a small miner may be converted to a small miners lease
under the same terms and conditions that apply to other small miners
leases, except that such lease--
(1) shall not be subject to rental during the primary term
of the lease;
(2) shall be subject to a rental of $5 per acre per year
for the first 3-year renewal of the lease; and
(3) shall be subject to a rental of $10 per acre per year
for any subsequent 3-year renewal of the lease.
(i) Limitations.--A small miners lease--
(1) may only be held by the primary lease holder, a spouse
thereof, or a direct descendent thereof;
(2) may not be sold or transferred, other than to a spouse
or direct descendent of the primary lease holder; and
(3) is subject to all permitting requirements under this
Act.
(j) Conversion to Hardrock Mineral Lease.--If, with regards to a
lease, the lease holder no longer qualifies as a small miner at the
time such lease holder applies for a renewal of such lease, such lease
holder shall not be eligible to renew the small miners lease, but shall
be eligible for a noncompetitive hardrock mineral lease issued under
section 103(c). Notwithstanding section 103(c)(1), royalties under such
a lease shall only be due on the gross income that exceeds the amount
of gross income specified in such definition as of the time the
hardrock mineral lease is issued.
SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; OTHER USES.
(a) In General.--In issuing licenses and leases under this Act for
lands that contain deposits of coal or other nonhardrock minerals, the
Secretary shall reserve to the United States such nonhardrock minerals
for disposal under applicable laws.
(b) Other Uses of Licensed and Leased Lands.--
(1) In general.--The Secretary shall promulgate regulations
to allow for other uses of the lands covered by a prospecting
license under this Act, including leases for other minerals, if
such other uses would not unreasonably interfere with
operations under the prospecting license.
(2) Prospecting licenses.--The Secretary shall include in
such prospecting licenses such terms and conditions as the
Secretary finds necessary to avoid unreasonable interference
with other uses occurring on, or other leases of, the licensed
lands.
(3) Leases.--The Secretary shall include in leases under
this Act stipulations to allow for simultaneous operations
under other leases for the same lands.
SEC. 107. ROYALTY.
(a) Existing Production.--Production of hardrock minerals on
Federal land under an operations permit from which valuable hardrock
minerals were produced in commercial quantities before the date of
enactment of this Act, other than production under a small miners
lease, shall be subject to a royalty established by the Secretary at no
less than 8 percent of the gross value of such production, or of
mineral concentrates or products derived from hardrock minerals. Any
Federal land added through a plan modification to an operations permit
on Federal land that is submitted after the date of enactment of this
Act shall be subject to a royalty established by the Secretary for such
lease of no less than 12.5 percent of the gross value of production of
hardrock minerals, or mineral concentrates or products derived from
hardrock minerals.
(b) Liability.--The claim or lease holder, or any operator to whom
the claim or lease holder has assigned the obligation to make royalty
payments under the claim or lease and any person who controls such
claim or lease holder or operator, shall be liable for payment of such
royalties.
(c) Disposition.--Of the revenues collected under this title,
including rents, royalties, claim maintenance fees, interest charges,
fines, and penalties--
(1) 25 percent shall be paid to the State within the
boundaries of which the leased, licensed, or claimed lands, or
operations subject to such interest charges, fines, or
penalties are or were located; and
(2) the remainder shall be deposited in the account
established under section 401.
(d) Duties of Claim or Lease Holders, Operators, and
Transporters.--
(1) Regulation.--The Secretary shall prescribe by rule the
time and manner in which--
(A) a person who is required to make a royalty
payment under this section shall make such payment; and
(B) shall notify the Secretary of any assignment
that such person may have made of the obligation to
make any royalty or other payment under a mining claim
or lease under this title.
(2) Written instrument.--Any person paying royalties under
this section shall file a written instrument, together with the
first royalty payment, affirming that such person is
responsible for making proper payments for all amounts due for
all time periods for which such person has a payment
responsibility.
(3) Additional amounts.--Such responsibility for the
periods referred to in paragraph (2) shall include any and all
additional amounts billed by the Secretary and determined to be
due by final agency or judicial action.
(4) Joint and several liability.--Any person liable for
royalty payments under this section who assigns any payment
obligation shall remain jointly and severally liable for all
royalty payments due for the period.
(5) Obligations.--A person conducting mineral activities
shall--
(A) develop and comply with the site security
provisions in the operations permit designed to protect
from theft the hardrock minerals, concentrates, or
products derived therefrom that are produced or stored
on the area subject to a mining claim or lease, and
such provisions shall conform with such minimum
standards as the Secretary may prescribe by rule,
taking into account the variety of circumstances on
areas subject to mining claims and leases; and
(B) not later than the fifth business day after
production begins anywhere on an area subject to a
mining claim or lease, or production resumes after more
than 90 days after production was suspended, notify the
Secretary, in the manner prescribed by the Secretary,
of the date on which such production has begun or
resumed.
(6) Required documentation.--The Secretary may by rule
require any person engaged in transporting a hardrock mineral,
concentrate, or product derived therefrom to carry on his or
her person, in his or her vehicle, or in his or her immediate
control, documentation showing, at a minimum, the amount,
origin, and intended destination of the hardrock mineral,
concentrate, or product derived therefrom in such circumstances
as the Secretary determines is appropriate.
(e) Recordkeeping and Reporting Requirements.--
(1) In general.--A claim or lease holder, operator, or
other person directly involved in developing, producing,
processing, transporting, purchasing, or selling hardrock
minerals, concentrates, or products derived therefrom, subject
to this Act, through the point of royalty computation shall
establish and maintain any records, make any reports, and
provide any information that the Secretary may reasonably
require for the purposes of implementing this section or
determining compliance with rules or orders under this section.
Such records shall include periodic reports, records,
documents, and other data. Such reports may also include
pertinent technical and financial data relating to the
quantity, quality, composition volume, weight, and assay of all
minerals extracted from the mining claim or lease.
(2) Availability for inspection.--Upon the request of any
officer or employee duly designated by the Secretary conducting
an audit or investigation pursuant to this section, the
appropriate records, reports, or information that may be
required by this section shall be made available for inspection
and duplication by such officer or employee.
(3) Forfeiture.--Failure by a claim or lease holder,
operator, or other person referred to in the first sentence to
cooperate with such an audit, provide data required by the
Secretary, or grant access to information may, at the
discretion of the Secretary, result in involuntary forfeiture
of the claim or lease.
(4) Maintenance of records.--Records required by the
Secretary under this section shall be maintained for 7 years
after release of financial assurance under section 306 unless
the Secretary notifies the operator that the Secretary has
initiated an audit or investigation involving such records and
that such records must be maintained for a longer period. In
any case when an audit or investigation is underway, records
shall be maintained until the Secretary releases the operator
of the obligation to maintain such records.
(f) Audits.--The Secretary is authorized to conduct such audits of
all claim or lease holders, operators, transporters, purchasers,
processors, or other persons directly or indirectly involved in the
production or sale of minerals covered by this Act, as the Secretary
deems necessary for the purposes of ensuring compliance with the
requirements of this section. For purposes of performing such audits,
the Secretary shall, at reasonable times and upon request, have access
to, and may copy, all books, papers and other documents that relate to
compliance with any provision of this section by any person.
(g) Cooperative Agreements.--
(1) In general.--The Secretary is authorized to enter into
cooperative agreements with the Secretary of Agriculture to
share information concerning the royalty management of hardrock
minerals, concentrates, or products derived therefrom, to carry
out inspection, auditing, investigation, or enforcement (not
including the collection of royalties, civil or criminal
penalties, or other payments) activities under this section in
cooperation with the Secretary, and to carry out any other
activity described in this section.
(2) Secretary of agriculture.--Except as provided in
paragraph (3), and pursuant to a cooperative agreement, the
Secretary of Agriculture shall, upon request, have access to
all royalty accounting information in the possession of the
Secretary respecting the production, removal, or sale of
hardrock minerals, concentrates, or products derived therefrom
from claims or leases on lands open to location under this Act.
(3) Trade secrets.--Trade secrets, proprietary, and other
confidential information protected from disclosure under
section 552 of title 5, United States Code, shall be made
available by the Secretary to other Federal agencies as
necessary to assure compliance with this Act and other Federal
laws. The Secretary, the Secretary of Agriculture, the
Administrator of the Environmental Protection Agency, and other
Federal officials shall ensure that such information is
provided protection in accordance with the requirements of that
section.
(h) Interest and Substantial Underreporting Assessments.--
(1) Payments not received.--In the case of mining claims or
leases where royalty payments are not received by the Secretary
on the date that such payments are due, the Secretary shall
charge interest on such underpayments at the same interest rate
as the rate applicable under section 6621(a)(2) of the Internal
Revenue Code of 1986. In the case of an underpayment, interest
shall be computed and charged only on the amount of the
deficiency and not on the total amount.
(2) Underreporting.--If there is any underreporting of
royalty owed on production from a claim or lease for any
production month by any person liable for royalty payments
under this section, the Secretary shall assess a penalty of not
greater than 25 percent of the amount of that underreporting.
(3) Self-reporting.--The Secretary may waive or reduce the
assessment provided in paragraph (2) of this subsection if the
person liable for royalty payments under this section corrects
the underreporting before the date such person receives notice
from the Secretary that an underreporting may have occurred, or
before 90 days after the date of enactment of this section,
whichever is later.
(4) Waiver.--The Secretary shall waive any portion of an
assessment under paragraph (2) of this subsection attributable
to that portion of the underreporting for which the person
responsible for paying the royalty demonstrates that--
(A) such person had written authorization from the
Secretary to report royalty on the value of the
production on basis on which it was reported;
(B) such person had substantial authority for
reporting royalty on the value of the production on the
basis on which it was reported;
(C) such person previously had notified the
Secretary, in such manner as the Secretary may by rule
prescribe, of relevant reasons or facts affecting the
royalty treatment of specific production which led to
the underreporting; or
(D) such person meets any other exception which the
Secretary may, by rule, establish.
(5) Definition.--For the purposes of this subsection, the
term ``underreporting'' means the difference between the
royalty on the value of the production that should have been
reported and the royalty on the value of the production which
was reported, if the value that should have been reported is
greater than the value that was reported.
(6) Hardrock minerals reclamation fund.--All penalties
collected under this subsection shall be deposited in the
Hardrock Minerals Reclamation Fund established by this Act.
(i) Expanded Royalty Obligations.--Each person liable for royalty
payments under this section shall be jointly and severally liable for
royalty on all hardrock minerals, concentrates, or products derived
therefrom lost or wasted from a mining claim or lease when such loss or
waste is due to negligence on the part of any person or due to the
failure to comply with any rule, regulation, or order issued under this
section.
(j) Gross Income From Mining Defined.--For the purposes of this
section, for any hardrock mineral, the term ``gross income from
mining'' has the same meaning as the term ``gross income'' in section
613(c) of the Internal Revenue Code of 1986.
(k) Effective Date.--Royalties under this Act shall take effect
with respect to the production of hardrock minerals after the enactment
of this Act, but any royalty payments attributable to production during
the first 12 calendar months after the enactment of this Act shall be
payable at the expiration of such 12-month period.
(l) Failure To Comply With Royalty Requirements.--Any person who
fails to comply with the requirements of this section or any regulation
or order issued to implement this section shall be liable for a civil
penalty under section 109 of the Federal Oil and Gas Royalty Management
Act (30 U.S.C. 1719) to the same extent as if the claim or lease
maintained in compliance with this Act were a lease under such Act.
SEC. 108. EXISTING PRODUCTION.
The holder of a mining claim located or converted under this Act
for which mineral activities have already commenced under an approved
plan of operations as of the date of enactment of this Act shall have
the exclusive right of possession and use of the claimed land for
mineral activities, including the right of ingress and egress to such
claimed lands for such activities, subject to the rights of the United
States under this Act and other applicable Federal law. Such rights of
the claim holder shall terminate upon completion of mineral activities
on such lands to the satisfaction of the Secretary.
SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE.
(a) Fee.--
(1) In general.--
(A) Required fees.--Except as provided in section
2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C.
242), or as otherwise provided in this Act, for each
unpatented mining claim, mill, or tunnel site on
federally owned lands, whether located before or on the
date of enactment of this Act, each claimant shall pay
to the Secretary, on or before August 31 of each year,
a claim maintenance fee of $200 per claim to hold such
unpatented mining claim, mill or tunnel site for the
assessment year beginning at noon on the next day,
September 1. Such claim maintenance fee shall be in
lieu of the assessment work requirement contained in
the Mining Law of 1872 (30 U.S.C. 28 et seq.) and the
related filing requirements contained in section 314
(a) and (c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1744 (a) and (c)).
(B) Fee adjustments.--Any adjustment to the fees
under this subsection under section 502 shall begin to
apply the calendar year following the calendar year in
which such adjustment is made.
(C) Exception for small miners.--Subparagraph (A)
and the assessment work requirement contained in the
Mining Law of 1872 (30 U.S.C. 28 et seq.) shall not
apply with respect to any claim held by a small miner.
(2) Moneys received under this subsection that are not
otherwise allocated for the administration of the mining laws
by the Department of the Interior shall be deposited in the
Hardrock Minerals Reclamation Fund established by section 401.
(b) Co-Ownership.--The co-ownership provisions of the Mining Law of
1872 (30 U.S.C. 28 et seq.) shall remain in effect except that the
annual claim maintenance fee, where applicable, shall replace
applicable assessment requirements and expenditures.
(c) Failure To Pay.--Failure to pay the claim maintenance fee as
required by subsection (a) shall conclusively constitute a forfeiture
of the unpatented mining claim, mill or tunnel site by the claimant and
the claim shall be deemed null and void by operation of law.
(d) Other Requirements.--
(1) Required filings.--Nothing in this section shall change
or modify the requirements of section 314(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or
the requirements of section 314(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1744(c)) related to
filings required by section 314(b), which remain in effect.
(2) Mining law of 1872.--Section 2324 of the Revised
Statutes of the United States (30 U.S.C. 28) is amended by
inserting ``or section 103(a) of the Clean Energy Minerals
Reform Act of 2022'' after ``Act of 1993''.
SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.
Except as otherwise provided in section 101, timely payment of the
claim maintenance fee required by section 109 or any related law
relating to the use of Federal land, asserts the claimant's authority
to use and occupy the Federal land concerned for prospecting and
exploration, consistent with the requirements of this Act and other
applicable law.
SEC. 111. PROTECTION OF SPECIAL PLACES.
(a) Protection of National Park System Units and National
Monuments.--No permit shall be issued under this Act that authorizes
mineral activities that would impair the land or resources of a unit of
the National Park System or a national monument. For purposes of this
subsection, the term ``impair'' includes any diminution of the affected
land including wildlife, scenic assets, water resources, air quality,
and acoustic qualities, or other changes that would impair a citizen's
experience at the National Park System unit or a national monument.
(b) Protection of Conservation Areas.--In order to protect the
resources and values of National Conservation System units, the
Secretary, as appropriate, shall utilize authority under this Act and
other applicable law to the fullest extent necessary to prevent mineral
activities that could have an adverse impact on the resources or values
for which such units were established.
(c) Lands Not Open to Mining.--Notwithstanding any other provision
of law and subject to valid existing rights, no hardrock mining
activity shall be allowed in any of the following:
(1) Sacred sites.
(2) Wilderness study areas.
(3) Designated critical habitat.
(4) Areas of critical environmental concern.
(5) Units of the National Conservation System.
(6) Areas designated for inclusion in the National Wild and
Scenic Rivers System pursuant to the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.), areas designated for potential
addition to such system pursuant to section 5(a) of that Act
(16 U.S.C. 1276(a)), and areas determined to be eligible for
inclusion in such system pursuant to section 5(d) of such Act
(16 U.S.C. 1276(d)).
(7) Inventoried Roadless Areas under the Roadless Area
Conservation Rule, part 294 of title 36, Code of Federal
Regulations, Colorado Roadless Areas, or Idaho Roadless Areas.
SEC. 112. SUITABILITY DETERMINATION.
(a) In General.--The Secretary concerned shall make each
determination of whether lands are suitable for mineral activities that
is otherwise required by this Act, in accordance with subsection (b).
(b) Suitability.--
(1) In general.--The Secretary concerned shall consider
lands suitable for mineral activities if the Secretary
concerned finds that such activities would not result in undue
degradation to a special characteristic described in paragraph
(2) that cannot be prevented by the imposition of conditions in
the permit required for such activities under title III.
(2) Special characteristics.--For purposes of paragraph (1)
the Secretary concerned shall consider each of the following to
be a special characteristic:
(A) The existence of a significant water resource
or supply in or associated with such lands, including
any aquifer or aquifer recharge area.
(B) The presence on such lands, or any adjacent
land, of a publicly owned place that is listed on, or
determined by the Secretary of the Interior to be
eligible for listing on, the National Register of
Historic Places.
(C) The designation of all or any portion of such
lands, or any adjacent land, as a National Conservation
System unit.
(D) The designation of all or any portion of such
lands, or any adjacent land, as critical habitat under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(E) The designation of all or any portion of such
lands, or any adjacent land, as a class I area under
section 162 of the Clean Air Act (42 U.S.C. 7472).
(F) The presence of such other resource values as
the Secretary concerned may by rule specify, determined
based upon field testing, evaluation, or credible
information that verifies such values.
(G) The designation of such lands, or adjacent
land, as a Research Natural Area.
(H) The presence on such lands, or any adjacent
land, of a sacred site.
(I) The presence or designation of such lands
adjacent to lands not open to mining pursuant to
section 111.
(3) A determination under this subsection of suitability
for mineral activities shall be made after publication of
notice and an opportunity for submission of public comment for
a period of not less than 60 days.
(4) Any determination made in accordance with this
subsection with respect to lands shall be incorporated into
each Federal land use plan applicable to such lands, at the
time such plan is adopted, revised, or significantly amended
pursuant to any Federal law other than this Act.
(c) Change Request.--The Secretary concerned shall, by rule,
provide for an opportunity for any person to request a change in
determination for any Federal land found suitable under subsection (a).
(d) Existing Operations.--Nothing in this section shall be
construed as affecting lands on which mineral activities were being
conducted on the date of enactment of this Act under an approved plan
of operations or under notice.
TITLE II--CONSULTATION PROCEDURE
SEC. 201. REQUIREMENT FOR CONSULTATION.
(a) Scope.--Agencies shall ensure meaningful and timely
consultation with Indian Tribes and Tribal officials prior to
undertaking any mineral activities that may have substantial direct,
indirect, or cumulative impacts on--
(1) the lands, including allotted, ceded, or traditional
lands, or interests of an Indian Tribe or a member of an Indian
Tribe;
(2) any part of any Federal land that shares a border with
Indian country, as such term is defined in section 1151 of
title 18, United States Code;
(3) the relationship between the Federal Government and an
Indian Tribe; or
(4) the distribution of power and responsibilities between
the Federal Government and an Indian Tribe.
(b) Multiagency Mineral Activities.--If more than one agency is
involved in a mineral activity, some or all of the agencies may
designate a lead agency, which shall be responsible for fulfilling the
consultation required under subsection (a). An agency that does not
designate a lead agency shall remain individually responsible for the
consultation required under subsection (a). All agencies involved in
the mineral activity shall remain involved in and engaged with the
consultation process regardless of whether or not a lead agency has
been designated.
(c) Limitation.--Nothing in this Act shall exempt an agency from
additional consultation required under any other law or from taking any
other consultative actions as required by any other law or agency
prerogative in addition to those required by this Act. Nor does it
preclude an agency from additional consultation that complies with
agency regulations for consultation, advances agency consultation
practices, or supports agency efforts to build or strengthen
government-to-government relationships with an Indian Tribe.
(d) Temporary Waiver.--
(1) In general.--The agency may temporarily waive the
requirements of this title in all or any portion of any
emergency area during all or any portion of an emergency
period.
(2) Duration of waiver.--A temporary waiver under this
subsection shall end upon the termination of the applicable
emergency period.
(3) Definitions.--For the purposes of this subsection--
(A) the term ``emergency area'' means a
geographical area in which there exists an emergency or
disaster declared by the President pursuant to the
National Emergencies Act (50 U.S.C. 1601 et seq.) or
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); and
(B) the term ``emergency period'' means the period
during which there exists an emergency or disaster
declared by the President pursuant to the National
Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
SEC. 202. TIMING.
Consultation under sections 203 and 204 shall be completed before
any Federal funds are expended for the mineral activity and before the
issuance of any license.
SEC. 203. SCOPING STAGE CONSULTATION.
(a) Planning Document.--As early as possible in the planning stage
of a mineral activity, the agency shall compile a draft of the scope of
the project. The agency shall make a reasonable and good faith effort,
consistent with section 800.4(b)(1) of title 36, Code of Federal
Regulations, as such regulation was in effect on July 6, 2004, to
identify areas that contain sites important to Indian Tribes whether or
not such sites are explicitly known to the agency. The agency shall
make a reasonable and good faith effort to identify any geographic
areas important to Indian Tribes that might be affected and any other
anticipated impacts to Tribal interests.
(b) Initial Consultation Contact.--The agency--
(1) shall send, via United States mail and, if possible,
email, a copy of the planning document and a letter requesting
consultation meetings to the relevant Tribal Government
officials, including the Tribal leader and all members of any
elected Tribal governing body, relevant Tribal governmental
agencies (including the Tribal Historic Preservation Officer or
cultural resource manager), owners of individual allotments,
other stakeholders identified by the Tribe, and relevant non-
Tribal stakeholders (including the State Historic Preservation
Officer and local governments that have jurisdiction on any
affected land via agreement with the agency); and
(2) shall follow up with phone calls to confirm receipt of
the documents by all intended recipients.
(c) Consultation Meeting Arrangements.--The agency shall negotiate
with the affected Indian Tribes to determine the time, place, agenda,
travel funds, facilitator, format, and goals of a consultation meeting.
The agency shall keep thorough documentation of all steps taken to
contact and engage the affected Indian Tribes in consultation. If,
after a good faith effort, the agency fails to engage the affected
Indian Tribes, it may terminate its scoping stage consultation efforts
by providing all consultation partners with a written notification and
explanation for its decision to end scoping stage consultation efforts,
signed by the head of the agency, and proceed to the decision stage
procedures described in section 204. A good faith effort to consult
must involve consistent and sustained efforts to contact and engage
with the appropriate-level officials via the available channels of
communication (United States mail, e-mail, and telephone).
(d) Scoping Stage Consultation Meeting.--A scoping stage
consultation meeting shall begin with confirmation of the format,
facilitator, and agenda, with adequate time scheduled for introductions
and for interaction throughout the meeting among participants. Whenever
possible, Tribal stakeholders (such as allottees or interested Tribal
members) shall be brought into the on-going planning process directly
by forming ad hoc workgroups (including Tribal leaders or their
designees) and, if appropriate, initiating a process for consensual
development of regulations, such as negotiated rulemaking. A scoping
stage consultation meeting shall conclude with planning for the next
meeting, if necessary.
(e) Termination of Scoping Stage Consultation With a Memorandum of
Agreement.--
(1) Termination.--Except as provided by subsection (c),
scoping stage consultation shall terminate upon the execution
of a memorandum of agreement signed by the head of the agency
and the affected Indian Tribes.
(2) Signatories.--The affected Indian Tribes and the agency
may jointly invite additional parties to be signatories of the
memorandum of agreement. The signatories have sole authority to
execute, amend, or terminate the memorandum of agreement. If
any signatory determines that the terms of the memorandum of
agreement cannot be carried out, the signatories shall consult
to seek amendment of the memorandum of agreement. If the
memorandum of agreement is not amended, any signatory may
terminate the agreement, and the process will return to scoping
stage consultation. The agency shall provide all nonsignatory
consulting partners with the opportunity to submit a written
statement, explanation, or comment on the consultation
proceedings that shall become part of the agency's official
consultation record.
(3) Memorandum of agreement.--The memorandum of agreement--
(A) may address multiple activities if--
(i) the activities are similar and
repetitive or are multistate or regional in
scope, or where routine management activities
are undertaken at Federal installations,
facilities, or other land management units; and
(ii) the scope of the activities is clearly
delineated;
(B) may establish standard processes for certain
categories of activities determined through
consultation and defined in the memorandum of
agreement;
(C) shall include a provision for monitoring and
reporting on its implementation;
(D) shall include provisions for termination or
reconsideration if the activity has not been completed
within a specified time;
(E) shall include provisions to address new
discoveries, which may include halting the activity and
returning to scoping stage consultation;
(F) shall include provisions to address changes or
modifications to the scope or nature of the activity,
impacts or conditions of the project or site;
(G) may incorporate relevant Tribal laws,
standards, regulations, or policies;
(H) may include provisions for the protection of
culturally sensitive information; and
(I) shall include provisions to address and resolve
disputes.
(f) Termination of Scoping Stage Consultation Without a Memorandum
of Agreement.--The agency shall make a good faith effort through
sustained interaction and collaboration to reach a consensus resulting
in a memorandum of agreement. If, after a good faith effort and a
reasonable amount of time given the nature and complexities of the
proposed activity and potential impacts, the agency determines that
further consultation will not be productive, it may terminate
consultation by providing all consultation partners with a written
notification and explanation for its decision, signed by the head of
the agency, and proceed to the decision stage procedures described in
section 204. Any decision by an agency to terminate consultation must
be supported by an adequate documentation and evidence of its good
faith efforts and the basis for its decision. The affected Indian
Tribes may at any point decide to terminate consultation. In case of
termination by either party, the agency shall provide the affected
Indian Tribes or other affected parties with the opportunity to submit
a written statement, explanation, or comment on the consultation
proceedings that will become part of the agency's official consultation
record.
SEC. 204. DECISION STAGE PROCEDURES.
(a) Proposal Document.--The agency shall compile a document
consisting of the plan for the activity, its anticipated impacts to
Tribal interests, any memorandum of agreement, and any written
statements made by consulting partners during the scoping stage as
described in section 203. The agency shall include sufficient
supporting documentation to the extent permitted by law and within
available funds to enable any reviewing parties to understand its
basis. The agency may use documentation prepared to comply with other
laws to fulfill the requirements of this provision to the extent that
such documentation is sufficiently pertinent to and focused on the
relevant issues as to allow reasonable ease of review. The agency shall
mail and, if possible, email a copy of the Proposal Document to all
affected Indian Tribes and stakeholders, including those that withdrew
from the process. At a minimum, the document shall go to the Tribal
leader, all members of any elected Tribal governing body, and
stakeholders. The agency shall follow up to confirm receipt of the
document. After these steps have been completed, the Proposal Document
shall be published in the Federal Register, subject to the provisions
of section 207.
(b) Public Comment Period.--The agency shall provide a period of
not less than 90 days after publication in the Federal Register for
comments on the Proposal Document. A reasonable extension shall be
granted upon request of not less than 30 days by any member of any of
the affected Indian Tribal governing bodies or a stakeholder.
(c) Preliminary Decision.--After expiration of the comment period,
the agency shall prepare a preliminary decision letter, signed by the
head of the agency. The letter shall state the decision to proceed or
not proceed with the mineral activity, the decision's rationale, any
changes in the proposal made in response to comments, and any points
where the decision conflicts with the expressed requests of any of the
affected Indian Tribes or stakeholders. It shall particularly address
why the decision was made to disregard any such requests. The agency
shall mail and, if possible, email a copy of the letter to all affected
Indian Tribes and stakeholders, including those that withdrew from the
process. At a minimum, the letter shall go to the Tribal leader, all
members of the Tribal governing body, and stakeholders. The agency
shall follow up to confirm receipt of the letter.
(d) Final Decision.--The agency shall provide a 60-day period
following the issuance of the preliminary decision letter for response
by the affected Indian Tribes and stakeholders. Thereafter, the agency
shall notify in writing, signed by the head of the agency, the affected
Indian Tribes and stakeholders, including those that withdrew from the
process, of the agency's final decision.
SEC. 205. DOCUMENTATION AND REPORTING.
(a) Official Consultation Record.--The agency shall keep an
official consultation record that allows accurate tracking of the
process so that agencies and consulting parties can correct any errors
or omissions, and provides an official record of the process that can
be referred to in any litigation that may arise. The agency shall
document all efforts to initiate consultation as well as documenting
the process once it has begun. Such documentation, including
correspondence, telephone logs, and emails, shall be included in the
agency's official consultation record. The agency shall also keep notes
so that the consultation record documents the content of consultation
meetings, site visits, and phone calls in addition to information about
dates and who participated.
(b) Payment for Tribal Documentation Work.--If the agency asks an
Indian Tribe for specific information or documentation regarding the
location, nature, and condition of individual sites, to conduct a
survey, or in any way fulfill the duties of the agency in a role
similar to that of a consultant or contractor, then the agency must pay
for such services, if so requested by the Indian Tribe, as it would for
any private consultant or contractor. An Indian Tribe may select a
contractor to perform such work on its behalf, to be paid for by the
agency.
(c) Report to Congress.--Each agency shall on a biennial basis
submit to Congress a report on its consultation activities.
SEC. 206. IMPLEMENTATION.
Not later than 30 days after the date of enactment of this Act, the
head of each agency shall designate an official with principal
responsibility for the agency's review of existing consultation and
coordination policies and procedures, and implementation of this Act.
Not later than 60 days after the effective date of this order, the
designated official shall submit to the Office of Management and Budget
a description of the agency's revised consultation process in
conformity with this Act.
SEC. 207. SENSITIVE TRIBAL INFORMATION.
(a) Closed Meetings.--Notwithstanding any provision of the
Administrative Procedures Act, consultation meetings shall be closed to
the public at the request of the Indian Tribal Government.
(b) Sensitive Information.--Notwithstanding any provision of
section 552 of title 5, United States Code (commonly known as the
Freedom of Information Act), the Administrative Procedures Act, or any
other applicable laws or regulations, all information designated by the
Indian Tribe as sensitive, such as the location of sacred sites or
other details of cultural or religious practices, shall be deleted from
any public publication made as part of the consultation process or in
the process of carrying out the activity.
(c) Limited Information Access.--The agency, in consultation with
the Indian Tribe or such Tribe's designee, shall determine who may have
access to the information for the purposes of carrying out the mineral
activity.
(d) Individual Allotments.--Instances where sacred sites are
located on individual allotments or public domain allotments shall be
addressed on a case-by-case basis and shall involve the allottees.
(e) Sacred Sites.--The location and uses of a sacred site shall be
protected in accordance with this provision and section 111.
TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.
Notwithstanding section 302(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the
Act of June 4, 1897 (chapter 2; 30 Stat. 36; 16 U.S.C. 478), and the
National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in
accordance with this title and applicable law, unless expressly stated
otherwise in this Act, the Secretary shall ensure that mineral
activities on any Federal land that is subject to a mining claim,
millsite claim, tunnel site claim, or any authorization issued under
title I of this Act are carefully controlled to prevent undue
degradation of public lands and resources.
SEC. 302. PERMITS.
(a) Permits Required.--No person may engage in mineral activities
on Federal land that may cause a disturbance of surface resources,
including land, air, ground water and surface water, and fish and
wildlife, unless a permit was issued to such person under this title
authorizing such activities.
(b) Negligible Disturbance.--Notwithstanding subsection (a), a
permit under this title shall not be required for mineral activities
that are a casual use of the Federal land.
(c) Coordination With National Environmental Policy Act Process.--
The Secretary and the Secretary of Agriculture shall conduct the permit
processes under this Act in accordance with the timing and other
requirements under section 102 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332). To the extent practicable, the Secretary and
Secretary of Agriculture shall coordinate the permit process.
SEC. 303. EXPLORATION PERMIT.
(a) Authorized Exploration Activity.--Any applicant may apply for
an exploration permit for any mining claim, license, or lease
authorizing the applicant to remove a reasonable amount of the hardrock
minerals, as defined in the license or lease or established in such
regulations as the Secretary shall promulgate, from the area that is
subject to the claim, license, or lease, respectively, for analysis,
study, and testing. Such permit shall not authorize the applicant to
remove any mineral for sale nor to conduct any activities other than
those required for exploration for hardrock minerals and reclamation.
(b) Permit Application Requirements.--An application for an
exploration permit under this section shall be submitted in a manner
satisfactory to the Secretary concerned, and shall contain an
exploration plan, a reclamation plan for the proposed exploration, and
such documentation as necessary to ensure compliance with applicable
Federal and State environmental laws and regulations.
(c) Reclamation Plan Requirements.--The reclamation plan required
to be included in a permit application under subsection (b) shall
include such provisions as may be jointly prescribed by the Secretary
and the Secretary of Agriculture by regulations. Such regulations
shall, at a minimum, require the following:
(1) The applicant has demonstrated that proposed
reclamation can be accomplished.
(2) The proposed exploration activities and condition of
the land after the completion of exploration activities and
final reclamation will conform with the land use plan
applicable to the area subject to mineral activities.
(3) The area subject to the proposed permit is not included
within an area listed in section 111.
(4) The applicant has demonstrated that the exploration
plan and reclamation plan will be in compliance with the
requirements of this Act and all other applicable Federal
requirements, and any State requirements agreed to by the
Secretary concerned.
(5) The applicant has demonstrated that the requirements of
section 306 will be met.
(6) The applicant is eligible to receive a permit under
section 305.
(d) Term of Permit.--An exploration permit shall be for a stated
term. The term shall be no greater than that necessary to accomplish
the proposed exploration, and in no case for more than 10 years.
(e) Permit Modification.--During the term of an exploration permit
the permit holder may submit an application to modify the permit. To
approve a proposed modification to the permit, the Secretary concerned
shall make the same determinations as are required in the case of an
original permit, except that the Secretary and the Secretary of
Agriculture may specify by joint rule the extent to which requirements
for initial exploration permits under this section shall apply to
applications to modify an exploration permit based on whether such
modifications are deemed significant or minor.
(f) Transfer, Assignment, or Sale of Rights.--
(1) Prior written approval.--No transfer, assignment, or
sale of rights granted by a permit issued under this section
shall be made without the prior written approval of the
Secretary concerned.
(2) Approval.--Such Secretary shall allow a person holding
a permit to transfer, assign, or sell rights under the permit
to a successor, if the Secretary finds in writing that the
successor--
(A) is eligible to receive a permit under section
304;
(B) has submitted evidence of financial assurance
satisfactory under section 306; and
(C) meets any other requirements specified by the
Secretary.
(3) Assumed liability.--The successor in interest shall
assume the liability and reclamation responsibilities
established by the existing permit and shall conduct the
mineral activities in full compliance with this Act, and the
terms and conditions of the permit as in effect at the time of
transfer, assignment, or sale.
(4) Fee.--Each application for approval of a permit
transfer, assignment, or sale pursuant to this subsection shall
be accompanied by a fee payable to the Secretary of the
Interior in such amount as may be established by such
Secretary. Such amount shall be equal to the actual or
anticipated cost to the Secretary or the Secretary of
Agriculture, as appropriate, of reviewing and approving or
disapproving such transfer, assignment, or sale, as determined
by the Secretary of the Interior.
SEC. 304. OPERATIONS PERMIT.
(a) Operations Permit.--(1) Any applicant that is in compliance
with all provisions of this Act may apply to the Secretary concerned
for an operations permit authorizing the applicant to carry out mineral
activities, other than casual use, on--
(A) any valid mining claim, valid millsite claim, valid
tunnel site claim, or lease issued under this Act; and
(B) such additional Federal land as the Secretary may
determine is necessary to conduct the proposed mineral
activities, if the operator obtains a right-of-way permit for
use of such additional lands under title V of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and
agrees to pay all fees required under that title for the permit
under that title.
(2) If the Secretary decides to issue such permit, the permit shall
include such terms and conditions as prescribed by such Secretary to
carry out this title.
(b) Permit Application Requirements.--An application for an
operations permit under this section shall be submitted in a manner
satisfactory to the Secretary concerned and shall contain site
characterization data, an operations plan, a reclamation plan,
monitoring plans, long-term maintenance plans, to the extent necessary,
and such documentation as necessary to ensure compliance with
applicable Federal and State environmental laws and regulations. If the
proposed mineral activities will be carried out in conjunction with
mineral activities on adjacent non-Federal lands, information on the
location and nature of such operations may be required by the
Secretary.
(c) Permit Issuance or Denial.--(1) After providing for public
participation pursuant to subsection (i), the Secretary concerned shall
issue an operations permit if such Secretary makes each of the
following determinations in writing, and shall deny a permit if such
Secretary finds that the application and applicant do not fully meet
the following requirements:
(A) The permit application, including the site
characterization data, operations plan, and reclamation plan,
are complete and accurate and sufficient for developing a good
understanding of the anticipated impacts of the mineral
activities and the effectiveness of proposed mitigation and
control.
(B) The applicant has demonstrated that the proposed
reclamation in the operation and reclamation plan can be and is
likely to be accomplished by the applicant and will not cause
undue degradation.
(C) The condition of the land, including the fish and
wildlife resources and habitat contained thereon, will be
restored after the completion of mineral activities.
(D) The area subject to the proposed plan is not listed in
section 111 or otherwise ineligible for mineral activities.
(E) The proposed operation has been designed to prevent
material damage to the hydrologic balance outside the permit
area.
(F) The applicant will fully comply with the requirements
of section 306 prior to the initiation of operations.
(G) Neither the applicant nor operator, nor any subsidiary,
affiliate, or person controlled by or under common control with
the applicant or operator, is ineligible to receive a permit
under section 305.
(H) The reclamation plan demonstrates that 10 years
following mine closure, no treatment of surface or ground water
for carcinogens or toxins will be required to meet water
quality standards at the point of discharge.
(2) With respect to any activities specified in the reclamation
plan referred to in subsection (b) that constitute a removal or
remedial action under section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), the
Secretary shall consult with the Administrator of the Environmental
Protection Agency prior to the issuance of an operations permit. The
Administrator of the Environmental Protection Agency shall ensure that
the reclamation plan does not require activities that would increase
the costs or likelihood of removal or remedial actions under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) or corrective actions under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(d) Term of Permit; Renewal.--
(1) In general.--An operations permit--
(A) shall be for an initial term not longer than
the shorter of--
(i) the period necessary to accomplish the
proposed mineral activities subject to the
permit; and
(ii) the length of time remaining on the
applicant's hardrock mining lease;
(B) shall be renewed for an additional 10-year
period if the operation is in compliance with the
requirements of this Act and other applicable law; and
(C) shall expire 5 years following the commencement
of a temporary cessation unless, prior to the
expiration of the 5 years, the mine operator has filed
with the Secretary a request for approval to resume
operations.
(2) Failure to commence mineral activities.--Failure by the
operator to commence mineral activities within 2 years of the
date scheduled in an operations permit shall require a
modification of the permit if the Secretary concerned
determines that modifications are necessary to comply with
section 111.
(e) Permit Modification.--
(1) Application.--During the term of an operations permit
the operator may submit an application to modify the permit
(including the operations plan or reclamation plan).
(2) Modification by the secretary concerned.--The Secretary
concerned may, at any time, require reasonable modification to
any operations plan or reclamation plan upon a determination
that the requirements of this Act cannot be met if the plan is
followed as approved. Such determination shall be based on a
written finding and subject to public notice and hearing
requirements established by the Secretary concerned.
(3) Unanticipated events or conditions.--A permit
modification is required before changes are made to the
approved plan of operations, or if unanticipated events or
conditions exist on the mine site, including in the case of--
(A) development of acid or toxic drainage;
(B) loss of springs or water supplies;
(C) water quantity, water quality, or other
resulting water impacts that are significantly
different than those predicted in the application;
(D) the need for long-term water treatment;
(E) significant reclamation difficulties or
reclamation failure;
(F) the discovery of significant scientific or
biological resources that were not addressed in the
original plan;
(G) the discovery of a properties eligible for
listing on the National Register of Historic Places; or
(H) the discovery of hazards to public safety.
(f) Temporary Cessation of Operations.--
(1) Secretarial approval required.--An operator conducting
mineral activities under an operations permit in effect under
this title may not temporarily cease mineral activities for a
period greater than 180 days unless the Secretary concerned has
approved such temporary cessation or unless the temporary
cessation is permitted under the original permit.
(2) Previously issued operations permits.--Any operator
temporarily ceasing mineral activities for a period greater
than 90 days under an operations permit issued before the date
of enactment of this Act shall submit, before the expiration of
such 90-day period, a complete application for temporary
cessation of operations to the Secretary concerned for approval
unless the temporary cessation is permitted under the original
permit.
(3) Required information.--An application for approval of
temporary cessation of operations shall include such
information required under subsection (b) and any other
provisions prescribed by the Secretary concerned to minimize
impacts on human health, the environment, or properties
eligible for listing on the National Register of Historic
Places. After receipt of a complete application for temporary
cessation of operations such Secretary shall conduct an
inspection of the area for which temporary cessation of
operations has been requested.
(4) Conditions for approval.--To approve an application for
temporary cessation of operations, the Secretary concerned
shall make each of the following determinations:
(A) A determination that the methods for securing
surface facilities and restricting access to the permit
area, or relevant portions thereof, will effectively
protect against hazards to the health and safety of the
public and fish and wildlife or damage to properties
eligible for listing on the National Register of
Historic Places.
(B) A determination that reclamation is in
compliance with the approved reclamation plan, except
in those areas specifically designated in the
application for temporary cessation of operations for
which a delay in meeting such standards is necessary to
facilitate the resumption of operations.
(C) A determination that the amount of financial
assurance filed with the permit application is
sufficient to assure completion of the reclamation
activities identified in the approved reclamation plan
in the event of forfeiture.
(D) A determination that any outstanding notices of
violation and cessation orders incurred in connection
with the plan for which temporary cessation is being
requested are either stayed pursuant to an
administrative or judicial appeal proceeding or are in
the process of being abated to the satisfaction of the
Secretary concerned.
(g) Permit Reviews.--The Secretary concerned shall review each
permit issued under this section every 10 years during the term of such
permit, and before approving the resumption of operations under
subsection (f), such Secretary shall require the operator to take such
actions as the Secretary deems necessary to assure that mineral
activities conform to the permit, including adjustment of financial
assurance requirements.
(h) Transfer, Assignment, or Sale of Rights.--
(1) Written approval.--No transfer, assignment, or sale of
rights granted by a permit under this section shall be made
without the prior written approval of the Secretary concerned.
(2) Conditions of approval.--The Secretary concerned may
allow a person holding a permit to transfer, assign, or sell
rights under the permit to a successor, if such Secretary
finds, in writing, that the successor--
(A) has submitted all required information and is
eligible to receive a permit in accordance with section
305;
(B) has submitted evidence of financial assurance
satisfactory under section 306; and
(C) meets any other requirements specified by such
Secretary.
(3) Assumed liability.--The successor in interest shall
assume the liability and reclamation responsibilities
established by the existing permit and shall conduct the
mineral activities in full compliance with this Act, and the
terms and conditions of the permit as in effect at the time of
transfer, assignment, or sale.
(4) Fee.--Each application for approval of a permit
transfer, assignment, or sale pursuant to this subsection shall
be accompanied by a fee payable to the Secretary concerned in
such amount as may be established by such Secretary. Such
amount shall be equal to the actual or anticipated cost of
reviewing and approving or disapproving such transfer,
assignment, or sale, as determined by such Secretary.
(i) Public Participation.--The Secretary of the Interior and the
Secretary of Agriculture shall jointly promulgate regulations to ensure
transparency and public participation in permit decisions required
under this Act, consistent with any requirements that apply to such
decisions under section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
SEC. 305. PERSONS INELIGIBLE FOR PERMITS.
(a) Current Violations.--Unless corrective action has been taken in
accordance with subsection (c), no permit under this title shall be
issued or transferred to an applicant if the applicant or any agent of
the applicant, the operator (if different than the applicant), any
claim, license, or lease holder (if different than the applicant) of
the claim, license, or lease concerned, or any affiliate or officer or
director of the applicant is currently in violation of any of the
following:
(1) A provision of this Act or any regulation under this
Act.
(2) An applicable State or Federal toxic substance, solid
waste, air, water quality, or fish and wildlife conservation
law or regulation at any site where mining, beneficiation, or
processing activities are occurring or have occurred.
(3) The Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 et seq.) or any regulation implementing that
Act at any site where surface coal mining operations have
occurred or are occurring.
(b) Suspension.--The Secretary concerned shall suspend an
operations permit, in whole or in part, if such Secretary determines
that any of the entities described in subsection (a) were in violation
of any requirement listed in subsection (a) at the time the permit was
issued.
(c) Correction.--
(1) Reinstatement.--The Secretary concerned may issue or
reinstate a permit under this title if the applicant submits
proof that the violation referred to in subsection (a) or (b)
has been corrected or is in the process of being corrected to
the satisfaction of such Secretary and the regulatory authority
involved or if the applicant submits proof that the violator
has filed and is presently pursuing, a direct administrative or
judicial appeal to contest the existence of the violation. For
purposes of this section, an appeal of any applicant's
relationship to an affiliate shall not constitute a direct
administrative or judicial appeal to contest the existence of
the violation.
(2) Conditional approval.--Any permit which is issued or
reinstated based upon proof submitted under this subsection
shall be conditionally approved or conditionally reinstated, as
the case may be. If the violation is not successfully abated or
the violation is upheld on appeal, the permit shall be
suspended or revoked.
(d) Pattern of Willful Violations.--No permit may be issued under
this Act to any applicant if there is a demonstrated pattern of willful
violations of the environmental protection requirements of this Act by
the applicant, any affiliate of the applicant, or the operator or
claim, license, or lease holder if different than the applicant.
SEC. 306. FINANCIAL ASSURANCE.
(a) Financial Assurance Required.--
(1) Form of assurance.--After a permit is issued under this
title and before any exploration or operations begin under the
permit, the operator shall file with the Secretary concerned
evidence of financial assurance payable to the United States.
The financial assurance shall be provided in the form of a
surety bond, letters of credit, certificates of deposit, or
cash.
(2) Covered activities.--The financial assurance shall
cover all lands within the initial permit area and all affected
waters that may require restoration, treatment, or other
management as a result of mineral activities, and shall be
extended to cover all lands and waters added pursuant to any
permit modification made under section 303(e) or section
304(e), or affected by mineral activities.
(b) Amount.--The amount of the financial assurance required under
this section shall be sufficient to assure the completion of
reclamation and restoration satisfying the requirements of this Act if
the work were to be performed by the Secretary concerned in the event
of forfeiture, including the construction and maintenance costs for any
treatment facilities necessary to meet Federal and State environmental
requirements. The calculation of such amount shall take into account
the maximum level of financial exposure which shall arise during the
mineral activity and administrative costs associated with a government
agency reclaiming the site.
(c) Duration.--The financial assurance required under this section
shall be held for the duration of the mineral activities and for an
additional period to cover the operator's responsibility for
reclamation, restoration, and long-term maintenance, and effluent
treatment as specified in subsection (g).
(d) Adjustments.--The amount of the financial assurance and the
terms of the acceptance of the assurance may be adjusted by the
Secretary concerned from time to time as the area requiring coverage is
increased or decreased, or where the costs of reclamation or treatment
change, or pursuant to section 304(f), but the financial assurance
shall otherwise be in compliance with this section. The Secretary
concerned shall review the financial guarantee every 3 years and as
part of the permit application review under section 304(g).
(e) Release.--Upon request, and after notice and opportunity for
public comment, and after inspection by the Secretary concerned, such
Secretary may, after consultation with the Administrator of the
Environmental Protection Agency, release in whole or in part the
financial assurance required under this section if the Secretary makes
both of the following determinations:
(1) A determination that reclamation or restoration covered
by the financial assurance has been accomplished as required by
this Act.
(2) A determination that the terms and conditions of any
other applicable Federal requirements, and State requirements
applicable pursuant to cooperative agreements under section
308, have been fulfilled.
(f) Release Schedule.--The release referred to in subsection (e)
shall be according to the following schedule:
(1) After the operator has completed any required
backfilling, regrading, and drainage control of an area subject
to mineral activities and covered by the financial assurance,
and has commenced revegetation on the regraded areas subject to
mineral activities in accordance with the approved plan, that
portion of the total financial assurance secured for the area
subject to mineral activities attributable to the completed
activities may be released except that sufficient assurance
must be retained to address other required reclamation and
restoration needs and to assure the long-term success of the
revegetation.
(2) After the operator has completed successfully all
remaining mineral activities and reclamation activities and all
requirements of the operations plan and the reclamation plan,
and all other requirements of this Act have been fully met, the
remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as
specified in paragraph (1), until the remaining portion of the
financial assurance is released as provided in paragraph (2), the
operator shall be required to comply with the permit issued under this
title.
(g) Effluent.--Notwithstanding section 307(b)(4), where any
discharge or other water-related condition resulting from the mineral
activities requires treatment in order to meet the applicable effluent
limitations and water quality standards, the financial assurance shall
include the estimated cost of maintaining such treatment for the
projected period that will be needed after the cessation of mineral
activities. The portion of the financial assurance attributable to such
estimated cost of treatment shall not be released until the discharge
has ceased for a period of 5 years, as determined by ongoing monitoring
and testing, or, if the discharge continues, until the operator has met
all applicable effluent limitations and water quality standards for 5
full years without treatment.
(h) Environmental Hazards.--If the Secretary concerned determines,
after final release of financial assurance, that an environmental
hazard resulting from the mineral activities exists, or the terms and
conditions of the explorations or operations permit of this Act were
not fulfilled in fact at the time of release, such Secretary shall
issue an order under section 507 requiring the claim holder or operator
(or any person who controls the claim holder or operator) to correct
the condition such that applicable laws and regulations and any
conditions from the plan of operations are met.
SEC. 307. OPERATION AND RECLAMATION.
(a) General Rule.--(1) The operator shall restore lands subject to
mineral activities carried out under a permit issued under this title
to a condition capable of supporting--
(A) the uses which such lands were capable of supporting
prior to surface disturbance by the operator; or
(B) other beneficial uses which conform to applicable land
use plans as determined by the Secretary concerned.
(2) Reclamation shall proceed as contemporaneously as practicable
with the conduct of mineral activities. In the case of a cessation of
mineral activities beyond that provided for as a temporary cessation
under this Act, reclamation activities shall begin immediately.
(b) Operation and Reclamation Standards.--The Secretary of the
Interior and the Secretary of Agriculture shall jointly promulgate
regulations that establish operation and reclamation standards for
mineral activities permitted under this Act. The Secretaries may
determine whether outcome-based performance standards or technology-
based design standards are most appropriate. The regulations shall
address the following:
(1) Segregation, protection, and replacement of topsoil or
other suitable growth medium, and the prevention, where
possible, of soil contamination.
(2) Maintenance of the stability of all surface areas.
(3) Control of sediments to prevent erosion and manage
drainage.
(4) Minimization of the formation and migration of acidic,
alkaline, metal-bearing, or other deleterious leachate.
(5) Reduction of the visual impact of mineral activities to
the surrounding topography, including as necessary pit
backfill.
(6) Establishment of a diverse, effective, and permanent
vegetative cover of the same seasonal variety native to the
area affected by mineral activities, and equal in extent of
cover to the natural vegetation of the area.
(7) Design and maintenance of leach operations,
impoundments, and excess waste according to standard
engineering standards to achieve and maintain stability and
reclamation of the site.
(8) Removal of structures and roads and sealing of drill
holes.
(9) Restoration of, or mitigation for, fish and wildlife
habitat disturbed by mineral activities.
(10) Preservation of cultural, paleontological, and cave
resources.
(11) Prevention and suppression of fire within the leased
area.
(c) Surface or Ground Water Withdrawals.--The Secretary concerned
shall work with State and local governments with authority over the
allocation and use of surface and ground water in the area around the
mine site as necessary to ensure that any surface or ground water
withdrawals made as a result of mining activities approved under this
section do not cause undue degradation.
(d) Special Rule.--Reclamation activities for a mining claim,
license, or lease that has been forfeited, relinquished, or lapsed, or
a plan that has expired or been revoked or suspended, shall continue
subject to review and approval by the Secretary concerned.
SEC. 308. STATE LAW AND REGULATION.
(a) State Law.--
(1) Reclamation, land use, environmental, and public health
standards.--Any reclamation, land use, environmental, or public
health protection standard or requirement in State law or
regulation that meets or exceeds the requirements of this Act
shall not be construed to be inconsistent with any such
standard.
(2) Bonding requirements.--Any bonding standard or
requirement in State law or regulation that meets or exceeds
the requirements of this Act shall not be construed to be
inconsistent with such requirements.
(3) Inspection standards.--Any inspection standard or
requirement in State law or regulation that meets or exceeds
the requirements of this Act shall not be construed to be
inconsistent with such requirements.
(b) Applicability of Other State Requirements.--
(1) Environmental standards.--Nothing in this Act shall be
construed as affecting any toxic substance, solid waste, or air
or water quality, standard or requirement of any State, county,
local, or Tribal law or regulation, which may be applicable to
mineral activities on lands subject to this Act.
(2) Water resources.--Nothing in this Act shall be
construed as affecting in any way the right of any person to
enforce or protect, under applicable law, such person's
interest in water resources affected by mineral activities on
lands subject to this Act.
(c) Cooperative Agreements.--
(1) In general.--Any State may enter into a cooperative
agreement with the Secretary concerned for the purposes of such
Secretary applying such standards and requirements referred to
in subsection (a) and subsection (b) to mineral activities or
reclamation on lands subject to this Act.
(2) Common regulatory framework.--In such instances where
the proposed mineral activities would affect lands not subject
to this Act in addition to lands subject to this Act, in order
to approve a plan of operations the Secretary concerned shall
enter into a cooperative agreement with the State that sets
forth a common regulatory framework consistent with the
requirements of this Act for the purposes of such plan of
operations. Any such common regulatory framework shall not
negate the authority of the Federal Government to independently
inspect mines and operations and bring enforcement actions for
violations.
(3) Notice and public comment.--The Secretary concerned
shall not enter into a cooperative agreement with any State
under this section until after notice in the Federal Register
and opportunity for public comment and hearing.
(d) Prior Agreements.--Any cooperative agreement or such other
understanding between the Secretary concerned and any State, or
political subdivision thereof, relating to the management of mineral
activities on lands subject to this Act that was in existence on the
date of enactment of this Act may only continue in force until 1 year
after the date of enactment of this Act. During such 1-year period, the
State and the Secretary shall review the terms of the agreement and
make changes that are necessary to be consistent with this Act.
TITLE IV--ABANDONED HARDROCK MINE RECLAMATION
SEC. 401. ESTABLISHMENT OF FUND.
(a) Establishment.--There is established in the Department of the
Treasury a separate account to be known as the Hardrock Minerals
Reclamation Fund.
(b) Investment.--The Secretary shall notify the Secretary of the
Treasury as to what portion of the Fund is not, in the Secretary's
judgment, required to meet current withdrawals. The Secretary of the
Treasury shall invest such portion of the Fund in public debt
securities with maturities suitable for the needs of such Fund and
bearing interest at rates determined by the Secretary of the Treasury,
taking into consideration current market yields on outstanding
marketplace obligations of the United States of comparable maturities.
(c) Administration.--In addition to other uses authorized by this
title, the Secretary may use amounts in the Fund as necessary for the
administrative expenses of the United States, Indian Tribes, and the
States to implement this title.
SEC. 402. CONTENTS OF FUND.
(a) In General.--The following amounts shall be credited to the
Fund:
(1) All moneys collected pursuant to section 502 and
section 506.
(2) All fees received under section 304(a)(1)(B).
(3) All donations by persons, corporations, associations,
and foundations for the purposes of this title.
(4) All amounts deposited in the Fund under title I.
(5) All income on investments under section 401(b).
(6) All amounts deposited in the Fund under section 403.
(b) Donations.--The Secretary may accept for the Government a gift
of money to be deposited into the Fund. The Secretary may reject a gift
to the Fund if such rejection is in the interest of the Government.
SEC. 403. DISPLACED MATERIAL RECLAMATION FEE.
(a) Imposition of Fee.--Except as provided in subsection (g), each
operator conducting hardrock mineral activities shall pay to the
Secretary, for deposit in the Hardrock Minerals Fund established by
section 401, a displaced material reclamation fee of 7 cents per ton of
displaced material.
(b) Payment Deadline.--Such reclamation fee shall be paid not later
than 60 days after the end of each calendar year beginning with the
first calendar year occurring after the date of enactment of this Act.
(c) Submission of Statement.--Together with such reclamation fee,
all operators conducting hardrock mineral activities shall submit to
the Secretary a statement of the amount of displaced material produced
during mineral activities during the previous calendar year, the
accuracy of which shall be sworn to by the operator and notarized.
(d) Penalty.--Any corporate officer, agent, or director of a person
conducting hardrock mineral activities, and any other person acting on
behalf of such a person, who knowingly makes any false statement,
representation, or certification, or knowingly fails to make any
statement, representation, or certification, required under this
section with respect to such operation shall, upon conviction, be
punished by a fine of not more than $10,000.
(e) Civil Action To Recover Fee.--Any portion of such reclamation
fee not properly or promptly paid pursuant to this section shall be
recoverable, with statutory interest, from the hardrock mineral
activities operator, in any court of competent jurisdiction in any
action at law to compel payment of debts.
(f) Effect.--Nothing in this section requires a reduction in, or
otherwise affects, any similar fee required under any law (including
regulations) of any State.
(g) Exemption.--The fee under this section shall not apply for
small miners.
SEC. 404. USE OF THE FUND.
Subject to the availability of appropriations, the Secretary shall
use moneys in the Fund to carry out section 40704 of the Infrastructure
Investment and Jobs Act (30 U.S.C. 1245).
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. POLICY FUNCTIONS.
(a) Minerals Policy.--Section 101 of the Mining and Minerals Policy
Act of 1970 (30 U.S.C. 21a) is amended--
(1) by inserting ``and to ensure that mineral extraction
and processing not cause undue degradation of the natural and
cultural resources of the public lands'' after ``activities'';
and
(2) by adding at the end the following: ``It shall also be
the responsibility of the Secretary of Agriculture to carry out
the policy provisions of clauses (1) and (2) of the first
paragraph of this section.''.
(b) Mineral Data.--Section 5(e)(3) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1604(e)(3)) is amended by inserting before the period the following:
``, except that for National Forest System lands the Secretary of
Agriculture shall promptly initiate actions to improve the availability
and analysis of mineral data in public land use decisionmaking''.
SEC. 502. USER FEES AND INFLATION ADJUSTMENT.
(a) In General.--
(1) The Secretary and the Secretary of Agriculture may each
establish and collect from persons subject to the requirements
of this Act such user fees as may be necessary to reimburse the
United States for the expenses incurred in administering such
requirements. Fees may be assessed and collected under this
section only in such manner as may reasonably be expected to
result in an aggregate amount of the fees collected during any
fiscal year which does not exceed the aggregate amount of
administrative expenses referred to in this section.
(b) Adjustment.--
(1) Inflation.--The Secretary shall adjust the fees
required by this section, and all claim maintenance fees,
rental rates, penalty amounts, and other dollar amounts
established in this Act, to reflect changes in the Consumer
Price Index published by the Bureau of Labor Statistics of the
Department of Labor every 3 years after the date of enactment
of this Act, or more frequently if the Secretary determines an
adjustment to be reasonable.
(2) Notice.--The Secretary shall provide claimants, license
holders, and lease holders notice of any adjustment made under
this subsection not later than July 1 of any year in which the
adjustment is made.
(3) Applicability.--A fee adjustment under this subsection
shall begin to apply the calendar year following the calendar
year in which it is made.
SEC. 503. INSPECTION AND MONITORING.
(a) Inspections.--
(1) In general.--The Secretary concerned shall make
inspections of mineral activities so as to ensure compliance
with the requirements of this Act.
(2) Frequency.--The Secretary concerned shall establish a
frequency of inspections for mineral activities conducted under
a permit issued under title III, but in no event shall such
inspection frequency be less than one complete inspection per
calendar quarter or, two per calendar quarter in the case of a
permit for which the Secretary concerned approves an
application under section 304(f). After revegetation has been
established in accordance with a reclamation plan, such
Secretary shall conduct 2 complete inspections annually. Such
Secretary shall have the discretion to modify the inspection
frequency for mineral activities that are conducted on a
seasonal basis. Inspections shall continue under this
subsection until final release of financial assurance.
(3) By request.--
(A) In general.--Any person who has reason to
believe he or she is or may be adversely affected by
mineral activities due to any violation of the
requirements of a permit approved under this Act may
request an inspection.
(B) Review period.--The Secretary concerned shall
determine within 10 working days of receipt of the
request whether the request states a reason to believe
that a violation exists.
(C) Imminent threat.--If the person alleges and
provides reason to believe that an imminent threat to
the environment or danger to the health or safety of
the public exists, the 10-day period shall be waived
and the inspection shall be conducted immediately.
(D) Notification.--When an inspection is conducted
under this paragraph, the Secretary concerned shall
notify the person requesting the inspection, and such
person shall be allowed to accompany the Secretary
concerned or the Secretary's authorized representative
during the inspection.
(E) Liability.--The Secretary shall not incur any
liability for allowing such person to accompany an
authorized representative.
(F) Anonymity.--The identity of the person
supplying information to the Secretary relating to a
possible violation or imminent danger or harm shall
remain confidential with the Secretary if so requested
by that person, unless that person elects to accompany
an authorized representative on the inspection.
(G) Procedures.--The Secretaries shall, by joint
rule, establish procedures for the review of--
(i) any decision by an authorized
representative not to inspect; or
(ii) any refusal by such representative to
ensure that remedial actions are taken with
respect to any alleged violation.
(H) Written statement.--The Secretary concerned
shall furnish a person requesting a review a written
statement of the reasons for the Secretary's final
disposition of the case.
(b) Monitoring.--
(1) Monitoring system.--The Secretary concerned shall
require all operators to develop and maintain a monitoring and
evaluation system that shall identify compliance with all
requirements of a permit approved under this Act. The Secretary
concerned may require additional monitoring to be conducted as
necessary to assure compliance with the reclamation and other
environmental standards of this Act. Such plan must be reviewed
and approved by the Secretary and shall become a part of the
explorations or operations permit.
(2) Reporting requirements.--The operator shall file
reports with the Secretary concerned, on a frequency determined
by the Secretary concerned, on the results of the monitoring
and evaluation process, except that if the monitoring and
evaluation show a violation of the requirements of a permit
approved under this Act, it shall be reported immediately to
the Secretary concerned. The Secretary shall evaluate the
reports submitted pursuant to this paragraph, and based on
those reports and any necessary inspection shall take
enforcement action pursuant to this section. Such reports shall
be maintained by the operator and by the Secretary and shall be
made available to the public.
(3) Failure to report.--The Secretary concerned shall
determine what information shall be reported by the operator
pursuant to paragraph (2). A failure to report as required by
the Secretary concerned shall constitute a violation of this
Act and subject the operator to enforcement action pursuant to
section 506.
SEC. 504. CITIZENS SUITS.
(a) In General.--Except as provided in subsection (c), any person
may commence a civil action on his or her own behalf to compel
compliance--
(1) against any person (including the Secretary or the
Secretary of Agriculture) who is alleged to be in violation of
any of the provisions of this Act or any regulation promulgated
pursuant to this Act or any term or condition of any lease,
license, or permit issued under this Act; or
(2) against the Secretary or the Secretary of Agriculture
where there is alleged a failure of such Secretary to perform
any act or duty under this Act, or to promulgate any regulation
under this Act, which is not within the discretion of the
Secretary concerned.
(b) District Court Jurisdiction.--The United States district courts
shall have jurisdiction over actions brought under this section,
without regard to the amount in controversy or the citizenship of the
parties, including actions brought to apply any civil penalty under
this Act. The district courts of the United States shall have
jurisdiction to compel agency action unreasonably delayed, except that
an action to compel agency action reviewable under section 505 may only
be filed in a United States district court within the circuit in which
such action would be reviewable under section 505.
(c) Exceptions.--
(1) Notice.--No action may be commenced under subsection
(a) before the end of the 60-day period beginning on the date
the plaintiff has given notice in writing of such alleged
violation to the alleged violator and the Secretary concerned,
except that any such action may be brought immediately after
such notification if the violation complained of constitutes an
imminent threat to the environment or to the health or safety
of the public or to properties eligible for listing on the
National Register of Historic Places.
(2) On-going litigation.--No action may be brought against
any person other than the Secretary or the Secretary of
Agriculture under subsection (a)(1) if such Secretary has
commenced and is diligently prosecuting a civil or criminal
action in a court of the United States to require compliance.
(3) Exception.--No action may be commenced under subsection
(a)(2) against either Secretary to review any rule promulgated
by, or to any permit issued or denied by such Secretary if such
rule or permit issuance or denial is judicially reviewable
under section 505 or under any other provision of law at any
time after such promulgation, issuance, or denial is final.
(d) Venue.--Venue of all actions brought under this section shall
be determined in accordance with section 1391 of title 28, United
States Code.
(e) Costs.--The court, in issuing any final order in any action
brought pursuant to this section may award costs of litigation
(including attorney and expert witness fees) to any party whenever the
court determines such award is appropriate. The court may, if a
temporary restraining order or preliminary injunction is sought,
require the filing of a bond or equivalent security in accordance with
the Federal Rules of Civil Procedure.
(f) Savings Clause.--Nothing in this section shall restrict any
right which any person (or class of persons) may have under chapter 7
of title 5, United States Code, under this section, or under any other
statute or common law to bring an action to seek any relief against the
Secretary or the Secretary of Agriculture or against any other person,
including any action for any violation of this Act or of any regulation
or permit issued under this Act or for any failure to act as required
by law. Nothing in this section shall affect the jurisdiction of any
court under any provision of title 28, United States Code, including
any action for any violation of this Act or of any regulation or permit
issued under this Act or for any failure to act as required by law.
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Review by Secretary.--
(1) Notice of violation.--Any person issued a notice of
violation or cessation order under section 507, or any person
having an interest which is or may be adversely affected by
such notice or order, may apply to the Secretary concerned for
review of the notice or order within 30 days after receipt
thereof, or as the case may be, within 30 days after such
notice or order is modified, vacated, or terminated.
(2) Review of penalty.--Any person who is subject to a
penalty assessed under section 507 may apply to the Secretary
concerned for review of the assessment within 45 days of
notification of such penalty.
(3) Third-party requests.--Any person may apply to the
Secretary concerned for review of a decision under this
subsection within 30 days after such decision is issued.
(4) Stays pending review.--Pending a review by the
Secretary or resolution of an administrative appeal, final
decisions (except enforcement actions under section 507) shall
be stayed.
(5) Public hearing.--The Secretary concerned shall provide
an opportunity for a public hearing at the request of any party
to the proceeding as specified in paragraph (1). The filing of
an application for review under this subsection shall not
operate as a stay of any order or notice issued under section
506.
(6) Written decision.--For any review proceeding under this
subsection, the Secretary concerned shall make findings of fact
and shall issue a written decision incorporating therein an
order vacating, affirming, modifying, or terminating the
notice, order, or decision, or with respect to an assessment,
the amount of penalty that is warranted. Where the application
for review concerns a cessation order issued under section 506
the Secretary concerned shall issue the written decision within
30 days of the receipt of the application for review or within
30 days after the conclusion of any hearing referred to in
paragraph (5), whichever is later, unless temporary relief has
been granted by the Secretary concerned under paragraph (7).
(7) Temporary relief.--Pending completion of any review
proceedings under this subsection, the applicant may file with
the Secretary concerned a written request that the Secretary
grant temporary relief from any order issued under section 506
together with a detailed statement giving reasons for such
relief. The Secretary concerned shall expeditiously issue an
order or decision granting or denying such relief. The
Secretary concerned may grant such relief under such conditions
as he or she may prescribe only if such relief shall not
adversely affect the health or safety of the public or cause
imminent environmental harm to land, air, or water resources.
(8) Savings clause.--The availability of review under this
subsection shall not be construed to limit the operation of
rights under section 504.
(b) Judicial Review.--
(1) Court of appeals for the district of columbia.--Any
final action by the Secretaries of the Interior and Agriculture
in promulgating regulations to implement this Act, or any other
final actions constituting rulemaking to implement this Act,
shall be subject to judicial review only in a United States
Court of Appeals for a circuit in which an affected State is
located or within the District of Columbia. Any action subject
to judicial review under this subsection shall be affirmed
unless the court concludes that such action is arbitrary,
capricious, or otherwise inconsistent with law. A petition for
review of any action subject to judicial review under this
subsection shall be filed within 60 days from the date of such
action, or after such date if the petition is based solely on
grounds arising after the 60th day. Any such petition may be
made by any person who commented or otherwise participated in
the rulemaking or any person who may be adversely affected by
the action of the Secretaries.
(2) Standard of review.--Final agency action under this
subsection, including such final action on those matters
described under subsection (a), shall be subject to judicial
review in accordance with paragraph (4) and pursuant to section
1391 of title 28, United States Code, on or before 60 days from
the date of such final action. Any action subject to judicial
review under this subsection shall be affirmed unless the court
concludes that such action is arbitrary, capricious, or
otherwise inconsistent with law.
(3) Savings clause.--The availability of judicial review
established in this subsection shall not be construed to limit
the operations of rights under section 504.
(4) Record.--The court shall hear any petition or complaint
filed under this subsection solely on the record made before
the Secretary or Secretaries concerned. The court may affirm or
vacate any order or decision or may remand the proceedings to
the Secretary or Secretaries for such further action as it may
direct.
(5) Commence of a proceeding not a stay.--The commencement
of a proceeding under this section shall not, unless
specifically ordered by the court, operate as a stay of the
action, order, or decision of the Secretary or Secretaries
concerned.
(c) Costs.--Whenever a proceeding occurs under subsection (a) or
(b), at the request of any person, a sum equal to the aggregate amount
of all costs and expenses (including attorney fees) as determined by
the Secretary or Secretaries concerned or the court to have been
reasonably incurred by such person for or in connection with
participation in such proceedings, including any judicial review of the
proceeding, may be assessed against either party as the court, in the
case of judicial review, or the Secretary or Secretaries concerned in
the case of administrative proceedings, deems appropriate if it is
determined that such party prevailed in whole or in part, achieving
some success on the merits, and that such party made a substantial
contribution to a full and fair determination of the issues.
SEC. 506. REPORTING REQUIREMENTS.
(a) Report to Secretary.--An operator engaging in any mineral
activities located on Federal land or on Indian land shall submit to
the Secretary an annual report, in a time and manner prescribed by the
Secretary, describing the total amount (in metric tons) and value of
hardrock minerals produced through such mineral activities, including
the total amount and value of any minerals produced from a mine
partially located on either Federal land or Indian land, disaggregated
by mineral and by percentage extracted from Federal land and percentage
extracted from Indian land.
(b) Failure To Report.--Any person who fails to comply with the
requirements of subsection (a) shall be subject to a civil penalty not
to exceed $25,000 per day during which such failure continues, which
may be assessed by the Secretary.
(c) Report to Congress.--The Secretary shall submit an annual
report to Congress providing the following information for each
hardrock mine located on Federal land or on Indian land:
(1) The data submitted for such mine under subsection (a).
(2) The name of the mine operator.
(3) The State in which such mine is located.
(4) The Bureau of Land Management Field Office with
jurisdiction over such mine.
(5) Whether such mine is located on Federal land.
(6) Whether such mine is located on Indian land.
(d) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section not later than 180 days
after the date of enactment of this Act.
SEC. 507. ENFORCEMENT.
(a) Orders.--
(1) Notice of violation.--If the Secretary concerned, or an
authorized representative of such Secretary, determines that
any person is in violation of any environmental protection
requirement or any regulation issued by the Secretaries to
implement this Act, such Secretary or authorized representative
shall issue to such person a notice of violation describing the
violation and the corrective measures to be taken. The
Secretary concerned, or the authorized representative of such
Secretary, shall provide such person with a period of time not
to exceed 30 days to abate the violation. Such period of time
may be extended by the Secretary concerned upon a showing of
good cause by such person. If, upon the expiration of time
provided for such abatement, the Secretary concerned, or the
authorized representative of such Secretary, finds that the
violation has not been abated he or she shall immediately order
a cessation of all mineral activities or the portion thereof
relevant to the violation.
(2) Order for immediate cessation.--If the Secretary
concerned, or the authorized representative of the Secretary
concerned, determines that any condition or practice exists, or
that any person is in violation of any requirement under a
permit approved under this Act, and such condition, practice or
violation is causing, or can reasonably be expected to cause
either of the following, such Secretary or authorized
representative shall immediately order a cessation of mineral
activities or the portion thereof relevant to the condition,
practice, or violation:
(A) An imminent danger to the health or safety of
the public.
(B) Significant, imminent environmental harm to
land, air, water, or fish or wildlife resources.
(3) Duration.--
(A) Termination.--A cessation order pursuant to
paragraph (1) or (2) shall remain in effect until such
Secretary, or authorized representative, determines
that the condition, practice, or violation has been
abated, or until modified, vacated or terminated by the
Secretary or authorized representative. In any such
order, the Secretary or authorized representative shall
determine the steps necessary to abate the violation in
the most expeditious manner possible and shall include
the necessary measures in the order.
(B) Financial assurances.--The Secretary concerned
shall require appropriate financial assurances to
ensure that the abatement obligations are met when
issuing an order under this section.
(C) Authority of the secretary.--Any notice or
order issued pursuant to paragraph (1) or (2) may be
modified, vacated, or terminated by the Secretary
concerned or an authorized representative of such
Secretary. Any person to whom any such notice or order
is issued shall be entitled to a hearing on the record.
(4) Alternative enforcement action.--If, after 30 days of
the date of the order referred to in subsection (a) the
required abatement has not occurred, the Secretary concerned
shall take such alternative enforcement action against the
claim holder, license holder, lease holder, or operator (or any
person who controls the claim holder, license holder, lease
holder, or operator) as will most likely bring about abatement
in the most expeditious manner possible. Such alternative
enforcement action may include seeking appropriate injunctive
relief to bring about abatement. Nothing in this paragraph
shall preclude the Secretary concerned from taking alternative
enforcement action prior to the expiration of 30 days.
(5) Failure or default.--If a claim holder, license holder,
lease holder, or operator (or any person who controls the claim
holder, license holder, lease holder, or operator) fails to
abate a violation or defaults on the terms of the permit, the
Secretary concerned shall forfeit the financial assurance for
the plan as necessary to ensure abatement and reclamation under
this Act. The Secretary concerned may prescribe conditions
under which a surety may perform reclamation in accordance with
the approved plan in lieu of forfeiture.
(6) Pending review.--The Secretary concerned shall not
cause forfeiture of the financial assurance while
administrative or judicial review is pending.
(7) Liability in the event of forfeiture.--In the event of
forfeiture, the claim holder, license holder, lease holder,
operator, or any affiliate thereof, as appropriate as
determined by the Secretary by rule, shall be jointly and
severally liable for any remaining reclamation obligations
under this Act.
(b) Compliance.--The Secretary concerned may request the Attorney
General to institute a civil action for relief, including a permanent
or temporary injunction or restraining order, or any other appropriate
enforcement order, including the imposition of civil penalties, in the
district court of the United States for the district in which the
mineral activities are located whenever a person--
(1) violates, fails, or refuses to comply with any order
issued by the Secretary concerned under subsection (a); or
(2) interferes with, hinders, or delays the Secretary
concerned in carrying out an inspection under section 503.
Such court shall have jurisdiction to provide such relief as may be
appropriate. Any relief granted by the court to enforce an order under
paragraph (1) shall continue in effect until the completion or final
termination of all proceedings for review of such order unless the
district court granting such relief sets it aside.
(c) Delegation.--Notwithstanding any other provision of law, the
Secretary may utilize personnel of the Office of Surface Mining
Reclamation and Enforcement to ensure compliance with the requirements
of this Act.
(d) Penalties.--
(1) Failure to comply with requirements of a permit.--Any
person who fails to comply with any requirement of a permit
approved under this Act or any regulation issued by the
Secretaries to implement this Act shall be liable for a penalty
of not more than $25,000 per violation. Each day of violation
may be deemed a separate violation for purposes of penalty
assessments.
(2) Failure to comply with a cessation order.--A person who
fails to correct a violation for which a cessation order has
been issued under subsection (a) within the period permitted
for its correction shall be assessed a civil penalty of not
less than $1,000 per violation for each day during which such
failure continues.
(3) Penalties for directors, officers, and agents.--
Whenever a corporation is in violation of a requirement of a
permit approved under this Act or any regulation issued by the
Secretaries to implement this Act or fails or refuses to comply
with an order issued under subsection (a), any director,
officer, or agent of such corporation who knowingly authorized,
ordered, or carried out such violation, failure, or refusal
shall be subject to the same penalties as may be imposed upon
the person referred to in paragraph (1).
(e) Suspensions or Revocations.--The Secretary concerned shall
suspend or revoke a permit issued under title II, in whole or in part,
if the operator--
(1) knowingly made or knowingly makes any false,
inaccurate, or misleading material statement in any mining
claim, notice of location, application, record, report, plan,
or other document filed or required to be maintained under this
Act;
(2) fails to abate a violation covered by a cessation order
issued under subsection (a);
(3) fails to comply with an order of the Secretary
concerned;
(4) refuses to permit an audit pursuant to this Act;
(5) fails to maintain an adequate financial assurance under
section 306;
(6) fails to pay claim maintenance fees, rentals, or other
moneys due and owing under this Act; or
(7) with regard to plans conditionally approved under
section 305(c)(2), fails to abate a violation to the
satisfaction of the Secretary concerned, or if the validity of
the violation is upheld on the appeal which formed the basis
for the conditional approval.
(f) False Statements; Tampering.--Any person who knowingly--
(1) makes any false material statement, representation, or
certification in, or omits or conceals material information
from, or unlawfully alters, any mining claim, notice of
location, application, record, report, plan, or other documents
filed or required to be maintained under this Act; or
(2) falsifies, tampers with, renders inaccurate, or fails
to install any monitoring device or method required to be
maintained under this Act,
shall upon conviction, be punished by a fine of not more than $10,000,
or by imprisonment for not more than 2 years, or by both. If a
conviction of a person is for a violation committed after a first
conviction of such person under this subsection, punishment shall be by
a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both. Each day of continuing
violation may be deemed a separate violation for purposes of penalty
assessments.
(g) Knowing Violations.--Any person who knowingly--
(1) engages in mineral activities without a permit required
under title II; or
(2) violates any other requirement of a permit issued under
this Act, or any condition or limitation thereof,
shall upon conviction be punished by a fine of not less than $5,000 nor
more than $50,000 per day of violation, or by imprisonment for not more
than 3 years, or both. If a conviction of a person is for a violation
committed after the first conviction of such person under this
subsection, punishment shall be a fine of not less than $10,000 per day
of violation, or by imprisonment of not more than 6 years, or both.
(h) Knowing and Willful Violations.--Any person who knowingly and
willfully commits an act for which a civil penalty is provided in
paragraph (1) of subsection (g) shall, upon conviction, be punished by
a fine of not more than $50,000, or by imprisonment for not more than 2
years, or both.
(i) Definition.--For purposes of this section, the term ``person''
includes any officer, agent, or employee of a person.
SEC. 508. REGULATIONS.
The Secretary and the Secretary of Agriculture shall issue such
regulations as are necessary to implement this Act. The regulations
implementing titles II and III and this title that affect the Forest
Service shall be joint regulations issued by both Secretaries, and
shall be issued not later than 180 days after the date of enactment of
this Act.
SEC. 509. OIL SHALE CLAIMS.
Section 2511(f) of the Energy Policy Act of 1992 (30 U.S.C. 242(f);
Public Law 102-486) is amended--
(1) by striking ``as prescribed by the Secretary''; and
(2) by inserting before the period the following: ``in the
same manner as required by title II of the Clean Energy
Minerals Reform Act of 2022''.
SEC. 510. SAVINGS CLAUSE.
(a) Special Application of Mining Laws.--Nothing in this Act shall
be construed as repealing or modifying any Federal law, regulation,
order, or land use plan, in effect prior to the date of enactment of
this Act that prohibits or restricts the application of the general
mining laws, including laws that provide for special management
criteria for operations under the general mining laws as in effect
prior to the date of enactment of this Act, to the extent such laws
provide for protection of natural and cultural resources and the
environment greater than required under this Act, and any such prior
law shall remain in force and effect with respect to claims converted
to leases under this Act. Nothing in this Act shall be construed as
applying to or limiting mineral investigations, studies, or other
mineral activities conducted by any Federal or State agency acting in
its governmental capacity pursuant to other authority. Nothing in this
Act shall affect or limit any assessment, investigation, evaluation, or
listing pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), or
the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.).
(b) Effect on Other Federal Laws.--
(1) General mining laws.--The provisions of this Act shall
supersede the general mining laws.
(2) Other laws.--Except for the general mining laws,
nothing in this Act shall be construed as superseding,
modifying, amending, or repealing any provision of Federal law
not expressly superseded, modified, amended, or repealed by
this Act.
(3) Environmental laws.--Nothing in this Act shall be
construed as altering, affecting, amending, modifying, or
changing, directly or indirectly, any law which refers to and
provides authorities or responsibilities for, or is
administered by, the Environmental Protection Agency or the
Administrator of the Environmental Protection Agency,
including--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(C) title XIV of the Public Health Service Act (the
Safe Drinking Water Act) (42 U.S.C. 300f et seq.);
(D) the Clean Air Act (42 U.S.C. 7401 et seq.);
(E) the Pollution Prevention Act of 1990 (42 U.S.C.
13101 et seq.);
(F) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.);
(G) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(H) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.);
(I) the Motor Vehicle Information and Cost Savings
Act (15 U.S.C. 1901 et seq.);
(J) the Federal Hazardous Substances Act (15 U.S.C.
1261 et seq.);
(K) the Endangered Species Act of 1973 (16 U.S.C.
1540);
(L) the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.);
(M) the Noise Control Act of 1972 (42 U.S.C. 4901
et seq.);
(N) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(O) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(P) the Superfund Amendments and Reauthorization
Act of 1986 (Public Law 99-499; 100 Stat. 1613);
(Q) the Ocean Dumping Act (33 U.S.C. 1401 et seq.);
(R) the Environmental Research, Development, and
Demonstration Authorization Act of 1978 (42 U.S.C.
4365);
(S) the Pollution Prosecution Act of 1990 (42
U.S.C. 4321 note; Public Law 101-593);
(T) the Federal Facilities Compliance Act of 1992
(Public Law 102-386; 106 Stat. 1505); and
(U) any statute containing an amendment to any of
such Acts.
(4) Federal indian law.--Nothing in this Act shall be
construed as modifying or affecting any provision of--
(A) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(B) American Indian Religious Freedom Act (42
U.S.C. 1996);
(C) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(D) the Religious Freedom Restoration Act of 1993
(42 U.S.C. 2000bb et seq.); or
(E) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.).
(c) Sovereign Immunity of Indian Tribes.--Nothing in this section
shall be construed so as to waive the sovereign immunity of any Indian
Tribe.
SEC. 511. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials, or information
obtained by the Secretary or the Secretary of Agriculture under this
Act shall be made immediately available to the public, consistent with
section 552 of title 5, United States Code, in central and sufficient
locations in the county, multicounty, and State area of mineral
activities or reclamation so that such items are conveniently available
to residents in the area proposed or approved for mineral activities
and on the internet.
SEC. 512. MISCELLANEOUS POWERS.
(a) In General.--In carrying out his or her duties under this Act,
the Secretary concerned may conduct any investigation, inspection, or
other inquiry necessary and appropriate and may conduct, after notice,
any hearing or audit, necessary and appropriate to carrying out his or
her duties.
(b) Ancillary Powers.--In connection with any hearing, inquiry,
investigation, or audit under this Act, the Secretary, or for National
Forest System lands the Secretary of Agriculture, is authorized to take
any of the following actions:
(1) Require, by special or general order, any person to
submit in writing such affidavits and answers to questions as
the Secretary concerned may reasonably prescribe, which
submission shall be made within such reasonable period and
under oath or otherwise, as may be necessary.
(2) Administer oaths.
(3) Require by subpoena the attendance and testimony of
witnesses and the production of all books, papers, records,
documents, matter, and materials, as such Secretary may
request.
(4) Order testimony to be taken by deposition before any
person who is designated by such Secretary and who has the
power to administer oaths, and to compel testimony and the
production of evidence in the same manner as authorized under
paragraph (3) of this subsection.
(5) Pay witnesses the same fees and mileage as are paid in
like circumstances in the courts of the United States.
(c) Enforcement.--In cases of refusal to obey a subpoena served
upon any person under this section, the district court of the United
States for any district in which such person is found, resides, or
transacts business, upon application by the Attorney General at the
request of the Secretary concerned and after notice to such person,
shall have jurisdiction to issue an order requiring such person to
appear and produce documents before the Secretary concerned. Any
failure to obey such order of the court may be punished by such court
as contempt thereof and subject to a penalty of up to $10,000 a day.
(d) Entry and Access.--Without advance notice and upon presentation
of appropriate credentials, the Secretary concerned or any authorized
representative thereof--
(1) shall have the right of entry to, upon, or through the
site of any claim, license, lease, mineral activities, or any
premises in which any records required to be maintained under
this Act are located;
(2) may at reasonable times, and without delay, have access
to records, inspect any monitoring equipment, or review any
method of operation required under this Act;
(3) may engage in any work and do all things necessary or
expedient to implement and administer the provisions of this
Act;
(4) may, on any mining claim, license, or lease maintained
in compliance with this Act, and without advance notice, stop
and inspect any motorized form of transportation that such
Secretary has probable cause to believe is carrying hardrock
minerals, concentrates, or products derived therefrom from a
claim site for the purpose of determining whether the operator
of such vehicle has documentation related to such hardrock
minerals, concentrates, or products derived therefrom as
required by law, if such documentation is required under this
Act; and
(5) may, if accompanied by any appropriate law enforcement
officer, or an appropriate law enforcement officer alone, stop
and inspect any motorized form of transportation which is not
on a claim site if he or she has probable cause to believe such
vehicle is carrying hardrock minerals, concentrates, or
products derived therefrom from a claim site, license, or lease
on Federal lands or allocated to such claim site, license, or
lease. Such inspection shall be for the purpose of determining
whether the operator of such vehicle has the documentation
required by law, if such documentation is required under this
Act.
SEC. 513. MINERAL MATERIALS.
(a) Determinations.--Section 3 of the Act of July 23, 1955 (30
U.S.C. 611), is amended--
(1) in the heading, by striking ``or cinders'' and
inserting ``cinders, and clay'';
(2) by striking ``No'' and inserting ``(a) No'';
(3) by inserting ``mineral materials, including'' after
``varieties of'';
(4) by striking ``or cinders'' and inserting ``cinders, and
clay''; and
(5) by adding at the end the following:
``(b)(1) Subject to valid existing rights, after the date of
enactment of the Clean Energy Minerals Reform Act of 2022,
notwithstanding the reference to common varieties in subsection (a) and
to the exception to such term relating to a deposit of materials with
some property giving it distinct and special value, all deposits of
mineral materials referred to in such subsection, including the block
pumice referred to in such subsection, shall be subject to disposal
only under the terms and conditions of the Materials Act of 1947 (30
U.S.C. 601-603).
``(2) For purposes of paragraph (1), the term `valid existing
rights' means that a mining claim located for any such mineral
material--
``(A) had and still has some property giving it the
distinct and special value referred to in subsection (a), or as
the case may be, met the definition of block pumice referred to
in such subsection;
``(B) was properly located and maintained under the general
mining laws prior to the date of enactment of the Clean Energy
Minerals Reform Act of 2022; and
``(C) was supported by a discovery of a valuable mineral
deposit within the meaning of the general mining laws as in
effect immediately prior to the date of enactment of the Clean
Energy Minerals Reform Act of 2022.''.
(b) Mineral Materials Disposal Clarification.--Section 4 of the Act
of July 23, 1955 (30 U.S.C. 612), is amended--
(1) in subsection (b) by inserting ``and mineral material''
after ``vegetative''; and
(2) in subsection (c) by inserting ``and mineral material''
after ``vegetative''.
(c) Conforming Amendment.--Section 1 of the Act of July 31, 1947,
entitled ``An Act to provide for the disposal of materials on the
public lands of the United States'' (30 U.S.C. 601 et seq.) is amended
by striking ``common varieties of'' in the first sentence.
(d) Short Titles.--
(1) Surface resources.--The Act of July 23, 1955, is
amended by inserting after section 7 the following new section:
``Sec. 8. This Act may be cited as the `Surface Resources Act of
1955'.''.
(2) Mineral materials.--The Act of July 31, 1947, entitled
``An Act to provide for the disposal of materials on the public
lands of the United States'' (30 U.S.C. 601 et seq.) is amended
by inserting after section 4 the following new section:
``Sec. 5. This Act may be cited as the `Materials Act of 1947'.''.
(e) Repeals.--(1) Subject to valid existing rights, the Act of
August 4, 1892 (chapter 375; 27 Stat. 348; 30 U.S.C. 161), commonly
known as the Building Stone Act, is hereby repealed.
(2) Subject to valid existing rights, the Act of January 31, 1901
(chapter 186; 31 Stat. 745; 30 U.S.C. 162), commonly known as the
Saline Placer Act, is hereby repealed.
SEC. 514. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act,
except as otherwise provided in this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee for Indigenous Peoples of the United States.
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