No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3495 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3495
To modify the requirements applicable to locatable minerals on public
domain lands, consistent with the principles of self-initiation of
mining claims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Grijalva (for himself, Mr. Huffman, Ms. McCollum, Mr. Levin, Mr.
Cohen, Mr. Tonko, Ms. Bonamici, Ms. Lee of California, Ms. Waters, Ms.
Tokuda, Mrs. Napolitano, Ms. Porter, Ms. Jacobs, Mr. Carbajal, Ms.
Ocasio-Cortez, and Ms. Kamlager-Dove) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To modify the requirements applicable to locatable minerals on public
domain lands, consistent with the principles of self-initiation of
mining claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Energy
Minerals Reform Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
Sec. 3. Application rules.
TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT
Sec. 101. Closure to entry and location.
Sec. 102. Limitation on patents.
Sec. 103. Prospecting licenses and hardrock leases.
Sec. 104. Competitive leasing.
Sec. 105. Small miner's lease.
Sec. 106. Land containing nonhardrock minerals; other uses.
Sec. 107. Royalty.
Sec. 108. Existing production.
Sec. 109. Hardrock mining claim maintenance fee.
Sec. 110. Effect of payments for use and occupancy of claims.
Sec. 111. Protection of special places.
Sec. 112. Suitability determination.
TITLE II--CONSULTATION PROCEDURE
Sec. 201. Requirement for consultation.
TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT
Sec. 301. General standard for hardrock mining on Federal land.
Sec. 302. Permits.
Sec. 303. Exploration permit.
Sec. 304. Operations permit.
Sec. 305. Persons ineligible for permits.
Sec. 306. Financial assurance.
Sec. 307. Operation and reclamation.
Sec. 308. State law and regulation.
TITLE IV--ABANDONED HARDROCK MINE RECLAMATION PROGRAM
Sec. 401. Funds credited to the Abandoned Hardrock Mine Reclamation
Program.
Sec. 402. Displaced material reclamation fee.
TITLE V--ADDITIONAL PROVISIONS
Sec. 501. Policy functions.
Sec. 502. User fees and inflation adjustment.
Sec. 503. Inspection and monitoring.
Sec. 504. Citizens suits.
Sec. 505. Administrative and judicial review.
Sec. 506. Reporting requirements.
Sec. 507. Enforcement.
Sec. 508. Regulations.
Sec. 509. Oil shale claims.
Sec. 510. Savings clause.
Sec. 511. Availability of public records.
Sec. 512. Miscellaneous powers.
Sec. 513. Mineral materials.
Sec. 514. Effective date.
SEC. 2. DEFINITIONS AND REFERENCES.
(a) In General.--As used in this Act:
(1) The term ``Abandoned Hardrock Mine Reclamation
Program'' means the program established by section 40704 of the
Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(2) The term ``adjacent land'' means any land not more than
2 miles from the boundary of a described land tract.
(3) The term ``affiliate'' means, with respect to any
person, any of the following:
(A) Any person that controls, is controlled by, or
is under common control with such person.
(B) Any partner of such person.
(C) Any person owning at least 10 percent of the
voting shares of such person.
(4) The term ``agency'' has the meaning given the term in
section 3502 of title 44, United States Code.
(5) The term ``applicant'' means any person applying for a
lease, license, or permit under this Act or a modification to
or a renewal of a lease, license, or permit issued under this
Act.
(6) The term ``beneficiation'' means the crushing and
grinding of hardrock mineral ore and such processes as are
employed to free the mineral from other constituents, including
physical and chemical separation techniques.
(7) The term ``casual use''--
(A) means mineral activities that do not ordinarily
result in any disturbance of Federal land and
resources;
(B) includes collection of geochemical, rock, soil,
or mineral specimens using handtools, hand panning, or
nonmotorized sluicing; and
(C) does not include--
(i) the use of mechanized earth-moving
equipment, suction dredging, or explosives;
(ii) the use of motor vehicles in areas
closed to off-road vehicles;
(iii) the construction of roads or drill
pads; or
(iv) the use of toxic or hazardous
materials.
(8) The term ``claim holder'' means--
(A) any person holding a mining claim, millsite, or
tunnel site located under the general mining laws or
this Act and maintained in compliance with such laws;
and
(B) any agent of such person.
(9) The term ``control'' means having the ability, directly
or indirectly, to determine (without regard to whether
exercised through 1 or more corporate structures) the manner in
which an entity conducts mineral activities, through any means,
including--
(A) ownership interest;
(B) authority to commit the real or financial
assets of the entity;
(C) position as a director, officer, or partner of
the entity; or
(D) contractual arrangement.
(10) The term ``displaced material'' means any raw ore or
waste dislodged from its location by human disturbance,
including from hardrock mineral activities.
(11) The term ``exploration''--
(A) means creating surface disturbance, other than
casual use, to evaluate the type, extent, quantity, or
quality of minerals present;
(B) includes mineral activities associated with
sampling, drilling, and analyzing hardrock mineral
values; and
(C) does not include extraction of mineral material
for commercial use or sale.
(12) The term ``Federal land''--
(A) means any land, and any interest in land, that
is owned by the United States; and
(B) does not include--
(i) lands in the National Park System;
(ii) Indian lands; or
(iii) lands on the Outer Continental Shelf.
(13) The term ``hardrock mineral''--
(A) means any mineral that was subject to location
under the general mining laws as of the effective date
of this Act, and that is not subject to disposition
under--
(i) the Mineral Leasing Act (30 U.S.C. 181
et seq.);
(ii) the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
(iii) the Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 et seq.); or
(iv) the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.); and
(B) does not include any mineral that is subject to
a restriction against alienation imposed by the United
States and is--
(i) held in trust by the United States for
any Indian or Indian Tribe, as defined in
section 2 of the Indian Mineral Development Act
of 1982 (25 U.S.C. 2101); or
(ii) owned by any Indian or Indian Tribe,
as defined in that section.
(14) The term ``Indian lands'' means--
(A) lands held in trust for the benefit of an
Indian Tribe or Indian;
(B) lands held by an Indian Tribe or Indian subject
to a restriction by the United States against
alienation; or
(C) lands held by an Alaska Native village, village
corporation, or regional corporation, as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
(15) The term ``Indian Tribe'' means any Indian Tribe,
band, nation, pueblo, or other organized group or community,
including any Alaska Native village, village corporation, or
regional corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), that is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
(16) The term ``mining claim'' means any mining claim made
pursuant to--
(A) this Act; or
(B) the Mining Law of 1872 (30 U.S.C. 22 et seq.)
before the effective date of this Act.
(17) The term ``mineral activities'' means any activity
carried out on a mining claim, millsite, or tunnel site,
authorized by a lease, license, or permit issued under this
Act, for, related to, or incidental to, mineral exploration,
mining, beneficiation, processing, or reclamation activities
for any hardrock mineral.
(18) The term ``National Conservation System unit'' means
any unit of the National Park System, National Wildlife Refuge
System, National Wild and Scenic Rivers System, National
Wilderness Preservation System, National Landscape Conservation
System, or National Trails System, or a National Conservation
Area, a National Recreation Area, a Wilderness Study Area, a
National Monument, or any unit of the National Wilderness
Preservation System or lands within the National Forest System,
including the following:
(A) National Volcanic Monuments.
(B) Recreation Areas, Scenic Recreation Areas, and
Winter Recreation Areas.
(C) Scenic Areas, Scenic-Research Areas, Scenic
Highways, and National Scenic and Wildlife Areas.
(D) National Game and Wildlife Preserves.
(E) Special Management, Wildlife, Conservation, and
Protection Areas, including botanical, hydrological
(watershed), geological, historical, paleontological,
and zoological areas.
(F) Experimental Forests, Ranges, and Watersheds.
(G) Research Sites and Research Natural Areas.
(H) Inventoried Roadless Area, Colorado Roadless
Area, and Idaho Roadless Area.
(I) Recommended Wilderness and Primitive Areas.
(19) The term ``operator'' means--
(A) any person proposing or authorized by a permit
issued under this Act to conduct mineral activities;
and
(B) any agent of such person.
(20) The term ``person'' means an individual, Indian Tribe,
partnership, association, society, joint venture, joint stock
company, firm, company, corporation, cooperative, or other
organization and any instrumentality of State or local
government, including any publicly owned utility or publicly
owned corporation of State or local government.
(21) The term ``processing'' means processes downstream of
beneficiation employed to prepare hardrock mineral ore into a
final marketable product, including smelting and electrolytic
refining.
(22) The term ``raw ore'' means ore in its unprocessed
form, containing profitable amounts of a hardrock mineral.
(23) The term ``reclamation'' means taking measures
following the disturbance of Federal land by mineral activities
to meet applicable performance standards and achieve conditions
required by the Secretary concerned at the conclusion of such
mineral activities, including, where applicable--
(A) isolation, control, or removal of acid-forming,
toxic, or deleterious substances;
(B) regrading and reshaping to conform with
adjacent landforms, facilitate revegetation, control
drainage, and minimize erosion;
(C) rehabilitation of fisheries or wildlife
habitat;
(D) placement of growth medium and establishment of
self-sustaining revegetation;
(E) removal or stabilization of buildings,
structures, or other support facilities;
(F) plugging of drill holes and closure of
underground workings; and
(G) providing for post-mining monitoring,
maintenance, or treatment.
(24) The term ``sacred site'' means any specific delineated
location on Federal land that is identified by an Indian
Tribe--
(A) as sacred by virtue of its established
religious significance to, or ceremonial use by, an
Indian religion; or
(B) to be of established cultural significance.
(25) The term ``Secretary'' means the Secretary of the
Interior, unless otherwise specified.
(26) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service) with respect to
National Forest System land; and
(B) the Secretary of the Interior (acting through
the Director of the Bureau of Land Management) with
respect to other Federal land.
(27)(A) The term ``small miner'' means a person (including
all related parties thereto) that--
(i) holds not more than 10 mining claims,
millsites, or tunnel sites, or any combination thereof,
on Federal land;
(ii) is a claim holder or operator with respect to
not more than 200 acres of Federal land;
(iii) certifies to the Secretary in writing that
the person had annual gross income in the preceding
calendar year from mineral production in an amount less
than $50,000; and
(iv) has performed assessment work required under
the Mining Law of 1872 (30 U.S.C. 22 et seq.) to
maintain any mining claims held by the person and all
related parties thereto for the assessment year ending
on noon of September 1 of the calendar year in which
payment of the claim maintenance fee was due.
(B) For purposes of subparagraph (A), with respect to any
person, the term ``all related parties'' means--
(i) the spouse or qualifying child (as such term is
defined in section 152 of the Internal Revenue Code of
1986) of such person; or
(ii) an affiliate of the person concerned.
(C) For purposes of subparagraph (A)(iii), the dollar
amount shall be applied, for a person, to the aggregate of all
annual gross income from mineral production under all mining
claims held by or assigned to such person and all related
parties with respect to such person, including mining claims
located or for which a patent was issued before the effective
date of this Act.
(28) The term ``temporary cessation'' means a halt in
mineral activities for a continuous period that does not exceed
5 years.
(29) The term ``ton'' means 2,000 pounds avoirdupois
(.90718 metric ton).
(30) The term ``unnecessary or undue degradation'' means
irreparable harm to significant scientific, cultural, or
environmental resources on Federal land.
(31) The term ``valuable mineral deposit'' means a deposit
of hardrock minerals that is of sufficient value for a prudent
operator to extract, remove, and market at a profit.
(32) The term ``waste'' means rock that must be fractured
and removed in order to gain access to raw ore.
(b) References to Other Laws.--
(1) General mining laws.--Any reference in this Act to the
term ``general mining laws'' is a reference to those Acts that
generally comprise chapters 2, 12A, and 16, and sections 161
and 162, of title 30, United States Code.
(2) Act of july 23, 1955.--Any reference in this Act to the
Act of July 23, 1955, is a reference to the Act entitled ``An
Act to amend the Act of July 31, 1947 (61 Stat. 681) and the
mining laws to provide for multiple use of the surface of the
same tracts of the public lands, and for other purposes'' (30
U.S.C. 601 et seq.).
SEC. 3. APPLICATION RULES.
(a) Application to Existing Claims.--This Act shall apply to any
mining claim, millsite, or tunnel site located under the general mining
laws before or on the effective date of this Act.
(b) Application to Benefaction or Processing Activities.--This Act
shall apply in the same manner and to the same extent to mining claims,
millsites, tunnel sites, and any land included in a lease, license, or
permit issued under this Act used for beneficiation or processing
activities for any hardrock mineral.
TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT
SEC. 101. CLOSURE TO ENTRY AND LOCATION.
(a) Closure.--Except as otherwise provided in this section, as of
the effective date of this Act, all Federal land is closed to entry and
location under the general mining laws, and no new rights under the
general mining laws may be acquired.
(b) Existing Claims Without Plan of Operations.--
(1) Claims without plan of operations.--Any claim under the
general mining laws existing on the effective date of this Act
for which a plan of operations is not approved, or a notice of
operations is not filed, before such date shall be subject to
the requirements of this Act, and may remain in effect until
not later than the end of the 10-year period beginning on such
date if the claim holder remains in compliance with section
109, unless the claim holder--
(A) relinquishes the claim; or
(B) demonstrates eligibility for a lease and
requests conversion under the regulations issued under
subsection (d).
(2) Shortening of period.--The 10-year period referred to
in paragraph (1) shall be shortened to 3 years if--
(A) the claim is for an area that is located in an
area withdrawn or temporarily segregated from location
under the general mining laws as of the effective date
of this Act; or
(B) the claim belongs to a small miner.
(3) Conversion.--The Secretary concerned may convert a
claim described in paragraph (1) to a noncompetitive mining
lease pursuant to the regulations issued under subsection (d)
if such Secretary determines that the claim holder has shown
the presence of a valuable mineral deposit on the land subject
to such claim.
(4) Claims not converted.--Any claims described in
paragraph (1) not converted to noncompetitive leases under
paragraph (3) at the end of the applicable period under
paragraph (1) or (2) shall be void.
(c) Existing Claims With Plan of Operations.--
(1) In general.--In the case of any claim under the general
mining laws for which a plan of operations has been approved
but for which operations have not commenced before the on the
effective date of this Act--
(A) during the 10-year period beginning on the
effective date of this Act--
(i) mineral activities on lands subject to
such claim shall be subject to such plan of
operations; and
(ii) the Secretary shall allow the operator
to make changes to such plan subject to
applicable law as in effect on the day before
the effective date of this Act if the Secretary
determines that the requested changes are
minor; and
(B) the operator shall bring such mineral
activities into compliance with this Act by the end of
such 10-year period.
(2) Activities pending decision on modification to plan of
operations.--If an application for modification of a plan of
operations referred to in paragraph (1)(A)(ii) has been timely
submitted by the claim holder and an approved plan of
operations expires before the Secretary concerned takes action
on such application, mineral activities and reclamation may
continue in accordance with the terms of the expired plan of
operations until the Secretary concerned makes an
administrative decision on the application.
(3) Conversion requirement.--
(A) In general.--A claim described in paragraph (1)
may remain in effect for a period of not more than 10
years.
(B) Fee.--A claim described in paragraph (1) that
is not converted to a noncompetitive lease pursuant to
the regulations issued under subsection (d) before the
end of such period shall, beginning on the first date
after the end of such period, be subject to a fee of
$100 per acre per day until such claim is converted to
a noncompetitive lease.
(d) Conversion Regulations.--
(1) In general.--Not later than 1 year after the effective
date of this Act, the Secretary shall issue regulations
regarding the conversion of existing mining claims to
noncompetitive mining leases.
(2) Content.--Such regulations shall--
(A) prohibit the conversion of a mining claim to a
mining lease by a claim holder who is in violation of
this Act or other State or Federal environmental,
health, or worker safety laws;
(B) allow the Secretary to exercise discretion to
include nonmineral lands within the boundaries of any
millsite associated with the mining claim to be
converted to a noncompetitive lease;
(C) prohibit the area in any noncompetitive mining
lease issued under this section from exceeding the
maximum area authorized by this Act to be leased to any
person;
(D) require the consent of the surface managing
agency for conversion of a mining claim to a
noncompetitive mining lease;
(E) require the financial terms of the converted
noncompetitive mining lease to be the same as those
provided in this Act for other hardrock mining leases;
and
(F) include any other terms the Secretary considers
appropriate.
(e) National Environmental Policy Act.--The Secretary is not
required to conduct an environmental analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to issue a
noncompetitive mining lease under this section, unless such
noncompetitive mining lease modifies or extends the surface disturbance
already authorized under a mine plan of operations covering the mining
claim that is converted.
SEC. 102. LIMITATION ON PATENTS.
(a) Mining Claims.--
(1) Determinations required.--After the effective date of
this Act, no patent shall be issued by the United States for
any mining claim located under the general mining laws unless
the Secretary determines that, for such mining claim--
(A) a patent application was filed with the
Secretary on or before September 30, 1994; and
(B) all requirements established under sections
2325 and 2326 of the Mining Law of 1872 (30 U.S.C. 29
and 30), in the case of a vein or lode claim, or
sections 2329, 2330, 2331, and 2333 of that Act (30
U.S.C. 35, 36, and 37), in the case of a placer claim,
were fully complied with by that date.
(2) Right to patent.--If the Secretary makes the
determinations required under paragraph (1) for any mining
claim, the claim holder shall be entitled to the issuance of a
patent in the same manner and degree to which such claim holder
would have been entitled to before the effective date of this
Act, unless such determinations are withdrawn or invalidated by
the Secretary or by a court of the United States.
(b) Millsites.--
(1) Determinations required.--After the effective date of
this Act, no patent shall be issued by the United States for
any millsite located under the general mining laws unless the
Secretary determines that, for such millsite--
(A) a patent application was filed with the
Secretary on or before September 30, 1994; and
(B) all requirements applicable to such patent
application were fully complied with before that date.
(2) Right to patent.--If the Secretary makes the
determinations required under paragraph (1) for any millsite,
the claim holder shall be entitled to the issuance of a patent
in the same manner and degree to which such claim holder would
have been entitled to before the effective date of this Act,
unless such determinations are withdrawn or invalidated by the
Secretary or by a court of the United States.
SEC. 103. PROSPECTING LICENSES AND HARDROCK LEASES.
(a) In General.--No person may conduct mineral prospecting for
commercial purposes for any hardrock mineral on Federal land without a
prospecting license or a small miner's lease.
(b) Prospecting Licenses.--
(1) In general.--The Secretary may, under such regulations
as the Secretary may issue and with the concurrence of the
relevant surface management agency, grant an applicant a
prospecting license that shall give the exclusive right to
prospect for specified hardrock minerals on Federal land for a
period not longer than 2 years.
(2) Maximum area.--The area subject to a prospecting
license granted under paragraph (1) shall not exceed 2,560
acres of land, in reasonably compact form.
(3) Prospecting license application fee.--The Secretary
shall charge a fee for each prospecting license application to
cover the costs of reviewing such application.
(4) Annual rental.--Each prospecting license granted under
paragraph (1) shall be subject to annual rentals equal to $10
per acre per year.
(5) Terms and conditions.--A prospecting license shall
conform with the terms and conditions of a comprehensive land
use plan approved under--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); or
(B) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.).
(6) Areas without approved comprehensive land use plan.--
For land covered by a prospecting license for which a
comprehensive land use plan treating hardrock mining as a
multiple-use activity has not been completed, the Secretary
concerned shall ensure that such land is suitable for mineral
activities.
(7) Extension.--The Secretary may extend a prospecting
license granted under this subsection for not more than
additional 4 years upon a showing by the licensee that--
(A) the licensee explored with reasonable diligence
and was unable to determine the existence and
workability of a valuable mineral deposit covered by
the license; or
(B) if the licensee failed to perform diligent
prospecting activities, such failure was due to
conditions beyond the control of the licensee.
(c) Noncompetitive Leases.--
(1) In general.--Upon a showing to the satisfaction of the
Secretary by a prospecting licensee under subsection (a) that a
valuable mineral deposit has been discovered by the licensee
within an area covered by the prospecting license and with the
consent of the surface agency, the licensee shall be entitled
to a lease for any or all of the land included in the
prospecting license, as well as any nonmineral lands necessary
for processing or milling operations, at a royalty of not less
than 12.5 percent of the gross value of production of hardrock
minerals or mineral concentrates or products derived from
hardrock minerals under the lease.
(2) Rentals.--
(A) In general.--Rentals for a lease under this
section shall be set by the Secretary at not less than
$10 per acre per year, with rentals paid in any 1 year
credited against royalties accruing for that year.
(B) Operations permit.--A lessee under this section
is not entitled to an operations permit.
(3) Lease period.--
(A) In general.--A lease under this subsection
shall be for a period of 20 years, with the right to
renew for successive periods of 10 years if hardrock
minerals are being produced in commercial quantities
under the lease.
(B) Extension during nonproduction.--The Secretary
may issue not more than 1 10-year extension of a lease
under this subsection if hardrock minerals are not
being produced in commercial quantities at the end of
the primary, or any subsequent, term of such lease
and--
(i) it is in the interest of conservation
or reclamation maintenance;
(ii) the lessee shows that the lease cannot
be successfully operated at a profit; or
(iii) the Secretary determines that issuing
such extension is appropriate.
(C) Definition of commercial quantities.--In this
paragraph, the term ``commercial quantities'' means any
economic amount sold, bartered, or traded for profit.
(d) Cumulative Acreage Limitation.--No person may take, hold, own,
or control at 1 time, whether acquired directly from the Secretary
under this Act or otherwise, hardrock mining leases or licenses for an
aggregate of more than 20,480 acres in any 1 State.
(e) Reduction of Royalty Rate.--
(1) In general.--Subject to paragraph (2), the Secretary--
(A) may reduce the royalty rate for a lease under
this section upon a showing by clear and convincing
evidence by the operator that production would not
occur without the reduction in royalty rate; and
(B) may reduce the royalty and rental rates for a
lease under this section to encourage exploration for
and development of critical minerals (as such term is
defined in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a))).
(2) Limitation.--The Secretary may not reduce the royalty
rate for a lease pursuant to paragraph (1) to less than 6.25
percent.
(f) Protection of Land and Other Resources.--The Secretary, in
consultation with any applicable surface management agency, may include
in any lease or license issued under this Act such provisions as are
necessary to adequately protect land and other resources in the
vicinity of the area subject to the lease or license.
SEC. 104. COMPETITIVE LEASING.
(a) In General.--Subject to sections 111 and 112, Federal land
known to contain valuable mineral deposits that is not covered by
claims, licenses, or leases issued under this Act may only be open to
hardrock mineral exploration or development through competitive leasing
by the Secretary through such methods the Secretary may adopt by
regulation and in such areas as the Secretary may determine, including
nonmineral lands the Secretary considers necessary for processing or
milling operations.
(b) Limitation.--The total area of land subject to a competitive
lease under this section shall not exceed 2,560 acres.
(c) Terms and Requirements.--All terms and requirements for
competitive leases under this section shall be the same as if the
leases were issued noncompetitively under section 103(c).
SEC. 105. SMALL MINER'S LEASE.
(a) In General.--The Secretary may issue a small miner's lease to a
qualified small miner that applies, under such regulations as the
Secretary may issue, including conditions to require diligent
development of such lease and to ensure protection of surface resources
and ground water.
(b) Exclusive Right.--A small miner's lease shall give the lessee
the exclusive right to prospect for hardrock minerals for 3 years on
not more than 200 acres of contiguous or noncontiguous Federal land.
(c) Application Fee.--The Secretary shall charge a reasonable
application fee for a small miner's lease under this subsection (a).
(d) Rentals.--Annual rentals for a small miner's lease issued under
this section shall be $5 per acre per year for the first 3 years.
(e) Renewal.--A small miner's leases issued under this section may
be renewed for any number of additional 3-year periods. The rental for
such a renewed lease shall be $10 per acre per year rental charged.
(f) Challenge.--
(1) In general.--Any individual may file a challenge with
the Secretary that a lessee is in violation of the diligence
terms of a small miner's lease or does not qualify as a small
miner.
(2) Renewal when subject to challenge.--A small miner's
lease that is subject to a challenge under paragraph (1) may
not be renewed unless the Secretary has determined that the
lessee is a small miner and is in compliance with all the terms
of the small miner's lease.
(g) No Royalties.--The Secretary shall not charge royalties for
commercial production under a small miner's lease.
(h) Conversion of Existing Claims.--A claim existing on the
effective date of this Act that belongs to an individual that qualifies
as a small miner may be converted to a small miner's lease under the
same terms and conditions that apply to a small miner's lease under
this section, except that such lease--
(1) shall not be subject to rental during the primary term
of the lease;
(2) shall be subject to a rental of $5 per acre per year
for the first 3-year renewal of the lease; and
(3) shall be subject to a rental of $10 per acre per year
for any subsequent 3-year renewal of the lease.
(i) Limitations.--A small miner's lease--
(1) may only be held by the primary lease holder, a spouse
thereof, or a direct descendent thereof;
(2) may not be sold or transferred, other than to a spouse
or direct descendent of the primary lease holder; and
(3) is subject to all permitting requirements under this
Act.
(j) Conversion to Hardrock Mineral Lease.--
(1) In general.--If, with regard to a small miner's lease,
the lessee does not qualify as a small miner at the time such
lessee applies for a renewal of such lease, such lessee shall
not be eligible to renew such lease, but shall be eligible for
a noncompetitive hardrock mineral lease issued under section
103(c).
(2) Royalties.--Notwithstanding section 103(c)(1),
royalties under a small miner's lease converted to a hardrock
mineral lease under this subsection shall only be due on the
gross income that exceeds $50,000 annually or the amount of
gross income specified by the Secretary as of the time such
noncompetitive lease is issued.
SEC. 106. LAND CONTAINING NONHARDROCK MINERALS; OTHER USES.
(a) In General.--In issuing licenses and leases under this Act for
land that contains deposits of coal or other nonhardrock minerals, the
Secretary shall reserve to the United States such nonhardrock minerals
for disposal under applicable laws.
(b) Other Uses of Licensed and Leased Lands.--
(1) In general.--The Secretary shall issue regulations to
allow for other uses of the land covered by a prospecting
license under this Act, including leases for other minerals, if
such other uses would not unreasonably interfere with
operations under the prospecting license.
(2) Terms and conditions.--The Secretary shall include in
each prospecting license issued under section 103(b) such terms
and conditions as the Secretary determines necessary to avoid
unreasonable interference with other uses occurring on, or
other leases of, the licensed land.
(3) Leases.--The Secretary shall include in leases issued
under this Act stipulations to allow for simultaneous
operations under other leases for the same land.
SEC. 107. ROYALTY.
(a) Existing Production.--
(1) In general.--Production of hardrock minerals, mineral
concentrates, or products derived from hardrock minerals on
Federal land under an operations permit from which valuable
hardrock minerals were produced in commercial quantities before
the effective date of this Act, other than production under a
small miner's lease, shall be subject to a royalty established
by the Secretary of not less than 8 percent of the gross value
of such production.
(2) Additional federal land.--Production of hardrock
minerals, mineral concentrates, or products derived from
hardrock minerals on Federal land added through a plan
modification to an operations permit that is submitted after
the effective date of this Act shall be subject to a royalty
established by the Secretary for such lease of not less than
12.5 percent of the gross value such production.
(b) Liability.--The claim holder or lessee, or any operator to whom
the claim holder or lessee has assigned the obligation to make royalty
payments under the claim or lease and any person who controls such
claim or lease holder or operator, shall be liable for payment of such
royalties.
(c) Disposition.--Of the revenues collected under this title,
including rents, royalties, claim maintenance fees, interest charges,
fines, and penalties--
(1) 25 percent shall be paid to the State within the
boundaries of which the leased, licensed, or claimed lands, or
operations subject to such interest charges, fines, or
penalties are or were located; and
(2) the remainder shall be made available to carry out, to
remain available until expended without fiscal year limitation,
the Abandoned Hardrock Mine Reclamation Program.
(d) Duties of Claim Holders, Lessees, Operators, and
Transporters.--
(1) Regulation.--The Secretary shall issue regulations
regarding the time and manner in which a person who is required
to make a royalty payment under this section shall--
(A) make such payment; and
(B) notify the Secretary of any assignment that
such person may have made of the obligation to make any
royalty or other payment under a mining claim or lease
under this title.
(2) Written instrument.--Any person paying royalties under
this section shall file a written instrument, together with the
first royalty payment, affirming that such person is
responsible for making proper payments for all amounts due for
all time periods for which such person has a payment
responsibility.
(3) Additional amounts.--Such responsibility for the
periods referred to in paragraph (2) shall include any and all
additional amounts billed by the Secretary and determined to be
due by final agency or judicial action.
(4) Joint and several liability.--Any person liable for
royalty payments under this section who assigns any payment
obligation shall remain jointly and severally liable for such
royalty payments.
(5) Obligations.--A person conducting mineral activities
shall--
(A) develop and comply with the site security
provisions in the operations permit designed to protect
from theft the hardrock minerals, concentrates, or
products derived therefrom that are produced or stored
on the area subject to a mining claim or lease, and
such provisions shall conform with such minimum
standards as the Secretary may issue by regulation,
taking into account the variety of circumstances on
areas subject to mining claims and leases; and
(B) not later than the fifth business day after
production begins anywhere on an area subject to a
mining claim or lease, or production resumes after more
than 90 days after production was suspended, notify the
Secretary, in the manner prescribed by the Secretary,
of the date on which such production has begun or
resumed.
(6) Required documentation.--The Secretary may by
regulation require any person engaged in transporting a
hardrock mineral, concentrate, or product derived therefrom to
carry on his or her person, in his or her vehicle, or in his or
her immediate control, documentation showing, at a minimum, the
amount, origin, and intended destination of the hardrock
mineral, concentrate, or product derived therefrom in such
circumstances as the Secretary determines appropriate.
(e) Recordkeeping and Reporting Requirements.--
(1) In general.--
(A) Requirement.--A claim holder or lessee,
operator, or other person directly involved in
developing, producing, processing, transporting,
purchasing, or selling hardrock minerals, concentrates,
or products derived therefrom, subject to this Act,
through the point of royalty computation shall
establish and maintain any records, make any reports,
and provide any information that the Secretary may
reasonably require for the purposes of implementing
this section or determining compliance with regulations
or orders under this section.
(B) Inclusions.--
(i) Records.--Records described in
subparagraph (A) shall include periodic
reports, records, documents, and other data.
(ii) Reports.--Reports described in
subparagraph (A) may include pertinent
technical and financial data relating to the
quantity, quality, composition volume, weight,
and assay of all minerals extracted from the
mining claim or lease.
(2) Availability for inspection.--Upon the request of any
officer or employee duly designated by the Secretary to conduct
an audit or investigation pursuant to this section, the
appropriate records, reports, or information that may be
required by this section shall be made available for inspection
and duplication by such officer or employee.
(3) Forfeiture.--Failure by a claim holder or lessee,
operator, or other person referred to in paragraph (1)(A) to
cooperate with an audit or investigation under paragraph (2),
provide data required by the Secretary, or grant access to
information may, at the discretion of the Secretary, result in
involuntary forfeiture of the claim or lease.
(4) Maintenance of records.--
(A) In general.--Records required by the Secretary
under this section shall be maintained for 7 years
after release of financial assurance under section 306
unless the Secretary notifies the operator that the
Secretary has initiated an audit or investigation
involving such records and that such records must be
maintained for a longer period.
(B) Audit or investigation.--In any case when an
audit or investigation is underway, records shall be
maintained until the Secretary releases the operator of
the obligation to maintain such records.
(f) Audits.--
(1) In general.--The Secretary is authorized to conduct
such audits of all claim holders or lessees, operators,
transporters, purchasers, processors, or other persons directly
or indirectly involved in the production or sale of minerals
covered by this Act, as the Secretary determines necessary for
the purposes of ensuring compliance with the requirements of
this section.
(2) Availability of information.--For purposes of
performing such audits, the Secretary shall, at reasonable
times and upon request, have access to, and may copy, all
books, papers, and other documents that relate to compliance
with any provision of this section by any person.
(g) Cooperative Agreements.--
(1) In general.--The Secretary is authorized to enter into
cooperative agreements with the Secretary of Agriculture to
share information concerning the royalty management of hardrock
minerals, concentrates, or products derived therefrom to carry
out inspection, auditing, investigation, or enforcement (not
including the collection of royalties, civil or criminal
penalties, or other payments) activities under this section,
and to carry out any other activity described in this section.
(2) Secretary of agriculture.--Except as provided in
paragraph (3), and pursuant to a cooperative agreement entered
into under paragraph (1), the Secretary of Agriculture shall,
upon request, have access to all royalty accounting information
in the possession of the Secretary with respect to the
production, removal, or sale of hardrock minerals,
concentrates, or products derived therefrom from claims or
leases on land open to mineral exploration and production under
this Act.
(3) Confidential information.--
(A) In general.--Trade secrets, proprietary
information, and other confidential information
protected from disclosure under section 552 of title 5,
United States Code, shall be made available by the
Secretary to other Federal agencies as necessary to
ensure compliance with this Act and other Federal laws.
(B) Protection of information.--The Secretary, the
Secretary of Agriculture, and other Federal officials
shall ensure that the information described in
subparagraph (A) is provided protection in accordance
with the requirements of that section.
(h) Interest and Substantial Underreporting Assessments.--
(1) Payments not received.--
(A) In general.--In the case of mining claims or
leases where royalty payments are not received by the
Secretary on the date that such payments are due, the
Secretary shall charge interest on such underpayments
at the same interest rate as the rate applicable under
section 6621(a)(2) of the Internal Revenue Code of
1986.
(B) Computation.--In the case of an underpayment,
interest shall be computed and charged only on the
amount of the deficiency and not on the total amount.
(2) Underreporting.--If there is any underreporting of
royalty owed on production from a claim or lease for any
production month by any person liable for royalty payments
under this section, the Secretary shall assess a penalty of not
more than 25 percent of the amount of the underreporting.
(3) Self-reporting.--The Secretary may waive or reduce the
assessment under paragraph (2) if the person liable for royalty
payments under this section corrects the underreporting before
the later of--
(A) the date such person receives notice from the
Secretary that an underreporting may have occurred; and
(B) the date that is 90 days after the effective
date of this Act.
(4) Waiver.--The Secretary shall waive any portion of an
assessment under paragraph (2) attributable to that portion of
the underreporting for which the person responsible for paying
the royalty demonstrates that such person--
(A) had written authorization from the Secretary to
report royalty on the value of the production on the
basis on which it was reported;
(B) had substantial authority for reporting royalty
on the value of the production on the basis on which it
was reported;
(C) previously had notified the Secretary, in such
manner as the Secretary may by regulation issue, of
relevant reasons or facts affecting the royalty
treatment of specific production which led to the
underreporting; or
(D) meets any other exception which the Secretary
may, by regulation, establish.
(5) Abandoned hardrock mine reclamation program.--All
penalties collected under this subsection shall be shall be
made available to carry out, to remain available until expended
without fiscal year limitation, the Abandoned Hardrock Mine
Reclamation Program.
(6) Underreporting defined.--In this subsection, the term
``underreporting'' means the difference between the royalty on
the value of the production that should have been reported and
the royalty on the value of the production which was reported,
if the value that should have been reported is greater than the
value that was reported.
(i) Expanded Royalty Obligations.--Each person liable for royalty
payments under this section shall be jointly and severally liable for
royalty on all hardrock minerals, concentrates, or products derived
therefrom that are lost or wasted from a mining claim or lease if such
loss or waste is due to negligence on the part of any person or due to
the failure to comply with this section.
(j) Failure To Comply With Royalty Requirements.--Any person who
fails to comply with the requirements of this section shall be liable
for a civil penalty under section 109 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1719) to the same extent as
if the claim or lease maintained in compliance with this Act were a
lease under such Act.
(k) Gross Income From Mining Defined.--In this section, for any
hardrock mineral, the term ``gross income from mining'' has the meaning
given the term ``gross income'' in section 613(c) of the Internal
Revenue Code of 1986.
(l) Effective Date.--Royalties under this Act shall take effect
with respect to the production of hardrock minerals after the effective
date of this Act, but any royalty payments attributable to production
during the first 12 calendar months after the effective date of this
Act shall be payable at the expiration of such 12-month period.
SEC. 108. EXISTING PRODUCTION.
(a) In General.--The claim holder of a mining claim located or
converted under this Act for which mineral activities have commenced
under an approved plan of operations as of the effective date of this
Act shall have the exclusive right of possession and use of the land
subject to such mining claim for mineral activities, including the
right of ingress and egress to such land for mineral activities,
subject to the rights of the United States under this Act and other
applicable Federal law.
(b) Termination.--The rights of the claim holder under subsection
(a) shall terminate upon completion of mineral activities on such land
to the satisfaction of the Secretary.
SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE.
(a) Fee.--
(1) In general.--
(A) Required fees.--
(i) In general.--Except as provided in
section 2511(e)(2) of the Energy Policy Act of
1992 (30 U.S.C. 242(e)(2)) and as otherwise
provided in this Act, for each unpatented
mining claim, millsite, or tunnel site on
Federal land, whether located before or on the
effective date of this Act, each such claimant
shall pay to the Secretary, on or before
September 1 of each year, a claim maintenance
fee of $200 per claim to hold such unpatented
mining claim, millsite, or tunnel site for the
assessment year beginning at noon the following
day.
(ii) Fee in place of assessment work.--A
claim maintenance fee paid under clause (i)
shall be in lieu of the assessment work
requirement in the Mining Law of 1872 (30
U.S.C. 28 et seq.) and the related filing
requirements in sections 314(a) and (c) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1744(a) and (c)).
(B) Fee adjustments.--Any adjustment to a fee under
this subsection made under section 502 shall begin to
apply in the first assessment year which begins after
the adjustment is made.
(C) Exception for small miners.--Subparagraph (A)
and the assessment work requirement in the Mining Law
of 1872 (30 U.S.C. 28 et seq.) shall not apply with
respect to a small miner's lease.
(2) Reclamation program.--Moneys received under this
subsection that are not otherwise allocated for the
administration of this Act by the Secretary shall be made
available to carry out, to remain available until expended
without fiscal year limitation, the Abandoned Hardrock Mine
Reclamation Program.
(b) Co-Ownership.--The co-ownership provisions of the Mining Law of
1872 (30 U.S.C. 28 et seq.) shall remain in effect except that the
annual claim maintenance fee under subsection (a), where applicable,
shall replace applicable assessment requirements and expenditures under
that Act.
(c) Failure To Pay.--Failure to pay the claim maintenance fee under
subsection (a) in a timely manner shall conclusively constitute a
forfeiture of the unpatented mining claim, millsite, or tunnel site by
the claimant and the claim, millsite, or tunnel site shall be deemed
null and void by operation of law.
(d) Other Requirements.--
(1) Required filings.--Nothing in this section shall change
or modify the requirements of section 314(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)) or
the requirements of section 314(c) of that Act (43 U.S.C.
1744(c)) related to filings required by section 314(b) of that
Act (43 U.S.C. 1744(b)), which remain in effect.
(2) Mining law of 1872.--Section 2324 of the Mining Law of
1872 (30 U.S.C. 28) is amended by inserting ``or section 103(a)
of the Clean Energy Minerals Reform Act of 2023'' after ``Act
of 1993''.
SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.
Except as otherwise provided in section 101, timely payment of the
claim maintenance fee required by section 109 or any related law
relating to the use of Federal land, asserts the authority of the
claimant to use and occupy the Federal land concerned for prospecting
and exploration, consistent with the requirements of this Act and other
applicable law.
SEC. 111. PROTECTION OF SPECIAL PLACES.
(a) Protection of National Park System Units and National
Monuments.--No agency may authorize any mineral activity that would
impair the land or resources of a unit of the National Park System or a
national monument, including--
(1) any diminution of the affected land, including
wildlife, scenic assets, water resources, air quality, and
acoustic qualities; or
(2) other changes that would impair the experience of a
citizen at the National Park System unit or a national
monument.
(b) Protection of National Conservation System Units.--In order to
protect the resources and values of National Conservation System units,
the Secretary, as appropriate, shall use authority under this Act and
other applicable law to the fullest extent necessary to prevent mineral
activities that could have an adverse impact on the resources or values
for which such units were established.
(c) Lands Not Open to Mining.--Notwithstanding any other provision
of law and subject to valid existing rights, no agency shall authorize
mineral activities within any of the following areas:
(1) Sacred sites.
(2) Wilderness study areas.
(3) Habitat designated as critical habitat under section 4
of the Endangered Species Act of 1973 (16 U.S.C. 1533).
(4) Areas of critical environmental concern (as such term
is defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)).
(5) Units of the National Conservation System.
(6) Areas designated for inclusion in the National Wild and
Scenic Rivers System pursuant to the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.), areas designated for potential
addition to such system pursuant to section 5(a) of that Act
(16 U.S.C. 1276(a)), and areas determined to be eligible for
inclusion in such system pursuant to section 5(d) of such Act
(16 U.S.C. 1276(d)).
(7) Inventoried Roadless Areas under the Roadless Area
Conservation Rule, part 294 of title 36, Code of Federal
Regulations, Colorado Roadless Areas, or Idaho Roadless Areas.
SEC. 112. SUITABILITY DETERMINATION.
(a) In General.--In accordance with subsection (b), the Secretary
concerned shall make each determination of whether land is suitable for
mineral activities that is required by this Act.
(b) Suitability.--
(1) In general.--The Secretary concerned shall consider
land suitable for mineral activities if the Secretary concerned
finds that such mineral activities would not result in
unnecessary or undue degradation to a special characteristic
described in paragraph (2) of such land that cannot be
prevented by the imposition of conditions in the permit
required for such activities under title III.
(2) Special characteristics.--For purposes of paragraph
(1), the Secretary concerned shall consider each of the
following to be a special characteristic:
(A) The existence of a significant water resource
or supply in or associated with such land, including
any aquifer or aquifer recharge area.
(B) The presence on such land, or any adjacent
land, of a publicly owned place that is listed on, or
determined by the Secretary to be eligible for listing
on, the National Register of Historic Places.
(C) The designation of all or any portion of such
land, or any adjacent land, as a National Conservation
System unit.
(D) The designation of all or any portion of such
land, or any adjacent land, as critical habitat under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(E) The designation of all or any portion of such
land, or any adjacent land, as a class I area under
section 162 of the Clean Air Act (42 U.S.C. 7472).
(F) The presence of such other resource values as
the Secretary concerned may by regulation specify,
determined based upon field testing, evaluation, or
credible information that verifies such values.
(G) The designation of such land, or adjacent land,
as a Research Natural Area.
(H) The presence on such land, or any adjacent
land, of a sacred site.
(I) The presence or designation of such land
adjacent to land not open to mining pursuant to section
111.
(3) Public comment.--A determination under this subsection
of suitability for mineral activities shall be made after
publication of notice and an opportunity for submission of
public comment for a period of not less than 60 days.
(4) Inclusion in federal land use plan.--Any determination
made in accordance with this subsection with respect to land
shall be incorporated into each Federal land use plan
applicable to such land, at the time such Federal land use plan
is adopted, revised, or significantly amended pursuant to any
Federal law other than this Act.
(c) Change Request.--The Secretary concerned shall, by regulation,
provide an opportunity for any person to request a change in
determination for any Federal land found suitable under subsection (a).
(d) Existing Operations.--Nothing in this section shall be
construed to affect land on which mineral activities were being
conducted on the effective date of this Act under an approved plan of
operations or under notice.
TITLE II--CONSULTATION PROCEDURE
SEC. 201. REQUIREMENT FOR CONSULTATION.
Agencies shall conduct meaningful timely consultation with Indian
Tribes following the procedures of the President's Memorandum of
Uniform Standards for Tribal Consultation, issued on November 30, 2022,
before undertaking any mineral activities that may have a direct,
indirect, or cumulative impact on--
(1) the land, including allotted, ceded, or traditional
land, or interests in such land of an Indian Tribe or member of
an Indian Tribe;
(2) Tribal land, cultural practices, resources, or access
to traditional areas of cultural or religious importance;
(3) any part of any Federal land that shares a border with
Indian country, as such term is defined in section 1151 of
title 18, United States Code;
(4) the protected rights of an Indian Tribe, whether or not
such rights are enumerated in a treaty, including water,
hunting, gathering, and fishing rights;
(5) the ability of an Indian Tribe to govern or provide
services to members of the Indian Tribe;
(6) the relationship between the Federal Government and an
Indian Tribe; or
(7) the trust responsibility of the Federal Government to
an Indian Tribe.
TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND
DEVELOPMENT
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.
Notwithstanding section 302(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the
Act of June 4, 1897 (16 U.S.C. 478), and the National Forest Management
Act of 1976 (16 U.S.C. 1600 et seq.), and in accordance with this title
and applicable law, unless expressly stated otherwise in this Act, the
Secretary shall ensure that mineral activities on any Federal land that
is subject to a mining claim, millsite, tunnel site, or any
authorization issued under title I of this Act are carefully controlled
to prevent unnecessary or undue degradation of Federal land and
resources.
SEC. 302. PERMITS.
(a) Permits Required.--No person may engage in mineral activities
on Federal land that may cause a disturbance of surface resources,
including land, air, ground water and surface water, and fish and
wildlife, unless a permit is issued to such person under this title
authorizing such activities.
(b) Casual Use.--Notwithstanding subsection (a), a permit under
this title shall not be required for mineral activities that are a
casual use of the Federal land.
(c) National Environmental Policy Act.--
(1) In general.--The Secretary and the Secretary of
Agriculture shall conduct the permit processes under this Act
in accordance with the timing and other requirements under
section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
(2) Coordination.--To the extent practicable, the Secretary
and the Secretary of Agriculture shall coordinate the permit
process.
SEC. 303. EXPLORATION PERMIT.
(a) Authorized Exploration Activity.--
(1) In general.--A person may apply for an exploration
permit for any mining claim, license, or lease authorizing the
applicant to remove a reasonable amount of the hardrock
minerals, as defined in the license or lease or established in
such regulations as the Secretary shall issue, from the area
that is subject to the mining claim, license, or lease,
respectively, for analysis, study, and testing.
(2) Limitation.--Such permit shall not authorize the
applicant to remove any mineral for sale nor to conduct any
activities other than those required for exploration for
hardrock minerals and reclamation.
(b) Permit Application Requirements.--To apply for an exploration
permit under this section, a person shall submit to the Secretary
concerned an application for such permit in a manner determined
satisfactory by the Secretary concerned, which shall include--
(1) an exploration plan;
(2) a reclamation plan for the proposed exploration; and
(3) such documentation as is necessary to ensure compliance
with applicable Federal and State environmental laws and
regulations.
(c) Reclamation Plan Requirements.--The reclamation plan required
to be included in a permit application under subsection (b) shall
include such provisions as may be jointly issued by the Secretary and
the Secretary of Agriculture by regulation, including the following
requirements:
(1) The applicant has demonstrated that proposed
reclamation can be accomplished.
(2) The proposed exploration activities and condition of
the land after the completion of exploration activities and
final reclamation will conform with the land use plan
applicable to the area subject to mineral activities.
(3) The area subject to the proposed exploration permit is
not included within an area listed in section 111.
(4) The applicant has demonstrated that the exploration
plan and reclamation plan will be in compliance with the
requirements of this Act and all other applicable Federal
requirements, and any State requirements agreed to by the
Secretary concerned.
(5) The applicant has demonstrated that the requirements of
section 306 will be met.
(6) The applicant is eligible to receive a permit under
section 305.
(d) Term of Permit.--An exploration permit shall be for a stated
term, which shall be--
(1) not greater than that necessary to accomplish the
proposed exploration; and
(2) in no case for more than 10 years.
(e) Permit Modification.--
(1) In general.--An exploration permit holder may, during
the term of the exploration permit, submit to the Secretary
concerned an application to modify such permit.
(2) Approval of modification.--To approve a proposed
modification to the permit, the Secretary concerned shall make
the same determinations as are required in the case of an
original permit, except that the Secretary and the Secretary of
Agriculture may specify by joint regulation the extent to which
requirements for initial exploration permits under this section
shall apply to applications to modify an exploration permit
based on whether the Secretary concerned determines such
modifications are significant or minor.
(f) Transfer, Assignment, or Sale of Rights.--
(1) Prior written approval.--No transfer, assignment, or
sale of rights granted by an exploration permit issued under
this section may be made without the prior written approval of
the Secretary concerned.
(2) Approval.--The Secretary concerned shall allow an
exploration permit holder to transfer, assign, or sell rights
under such permit to a successor, if the Secretary concerned
finds in writing that the successor--
(A) is eligible to receive a permit under section
304;
(B) has submitted evidence of financial assurance
satisfactory under section 306; and
(C) meets any other requirements specified by the
Secretary concerned.
(3) Assumed liability.--The successor in interest shall
assume the liability and reclamation responsibilities
established by the existing exploration permit and shall
conduct the mineral activities in full compliance with this
Act, and the terms and conditions of the exploration permit as
in effect at the time of transfer, assignment, or sale.
(4) Fee.--Each application for approval of an exploration
permit transfer, assignment, or sale pursuant to this
subsection shall be accompanied by a fee payable to the
Secretary concerned in such amount as may be established by the
Secretary concerned, which shall be equal to the actual or
anticipated cost to the Secretary concerned of reviewing and
approving or disapproving such transfer, assignment, or sale,
as determined by the Secretary concerned.
SEC. 304. OPERATIONS PERMIT.
(a) Operations Permit.--
(1) In general.--A person that is in compliance with this
Act may apply to the Secretary concerned for an operations
permit authorizing the person to carry out mineral activities
on--
(A) any valid mining claim, millsite, tunnel site,
or lease issued under this Act; and
(B) such additional Federal land as the Secretary
concerned may determine is necessary to conduct the
proposed mineral activities, if the operator--
(i) obtains a right-of-way permit for use
of such additional lands under title V of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1761 et seq.); and
(ii) agrees to pay all fees required under
that title for such permit.
(2) Terms and conditions.--The Secretary concerned shall
include in each permit issued under this section such terms and
conditions as the Secretary concerned determines necessary to
carry out this title.
(b) Permit Application Requirements.--To apply for an operations
permit under this section, a person shall submit to the Secretary
concerned an application for such permit in a manner determined
satisfactory by the Secretary concerned, which shall include site
characterization data, an operations plan, a reclamation plan,
monitoring plans, long-term maintenance plans, to the extent necessary,
and such documentation as necessary to ensure compliance with
applicable Federal and State environmental laws and regulations. If the
proposed mineral activities will be carried out in conjunction with
mineral activities on adjacent non-Federal land, information on the
location and nature of such operations may be required by the
Secretary.
(c) Permit Issuance or Denial.--
(1) In general.--After providing for public participation
pursuant to subsection (i), the Secretary concerned shall issue
an operations permit if the Secretary concerned makes each of
the following determinations in writing, and shall deny an
operations permit if the Secretary concerned finds that the
application and applicant do not fully meet the following
requirements:
(A) The permit application, including the site
characterization data, operations plan, and reclamation
plan, are complete, accurate, and sufficient to develop
a good understanding of the anticipated impacts of the
mineral activities and the effectiveness of proposed
mitigation and control of such mineral activities.
(B) The applicant has demonstrated that the
proposed reclamation in the operations and reclamation
plans can be and is likely to be accomplished by the
applicant and will not cause unnecessary or undue
degradation.
(C) The condition of the land subject to the
operations permit, including the fish and wildlife
resources and habitat contained thereon, will be fully
reclaimed after the completion of mineral activities.
(D) The area subject to the proposed plan is not
listed in section 111 or otherwise ineligible for
mineral activities.
(E) The proposed operation has been designed to
prevent material damage to the hydrologic balance
outside the land subject to the operations permit.
(F) The applicant will fully comply with the
requirements of section 306 before the initiation of
operations.
(G) Neither the applicant nor operator (or any
subsidiary or affiliate the applicant or operator) is
ineligible to receive a permit under section 305.
(H) The reclamation plan demonstrates that 10 years
after the end of mineral activities under the
operations permit, no treatment of surface or ground
water for carcinogens or toxins will be required to
meet water quality standards at the point of discharge.
(2) Consultation with environmental protection agency.--
With respect to any activities specified in the reclamation
plan referred to in subsection (b) that constitute a removal or
remedial action under section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601), the Secretary concerned shall consult with
the Administrator of the Environmental Protection Agency before
the issuance of an operations permit, who shall ensure that the
reclamation plan does not require activities that would
increase the costs or likelihood of removal or remedial actions
under the that Act (42 U.S.C. 9601 et seq.) or corrective
actions under the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(d) Term of Permit; Renewal.--
(1) In general.--An operations permit shall--
(A) be for an initial term not longer than the
shorter of--
(i) the period necessary to accomplish the
proposed mineral activities subject to the
permit; and
(ii) the length of time remaining on the
hardrock mining lease of the applicant;
(B) be renewed for additional 10-year periods if--
(i) the operation subject to the permit is
in compliance with the requirements of this Act
and other applicable law; and
(ii) the hardrock mining lease of the
applicant has been renewed for that 10-year
period; and
(C) expire 5 years after the commencement of a
temporary cessation unless, before the expiration of
the 5 years, the operator has filed with the Secretary
concerned a request for approval to resume operations.
(2) Failure to commence mineral activities.--Failure by the
operator to commence mineral activities not later than 2 years
after the date scheduled in an operations permit shall require
a modification of the permit if the Secretary concerned
determines that modifications are necessary to comply with
section 111.
(e) Permit Modification.--
(1) Application.--An operator may, during the term of the
operations permit, submit to the Secretary concerned an
application to modify such permit or the operations plan or
reclamation plan associated with such permit.
(2) Modification by secretary concerned.--
(A) In general.--At any time, the Secretary
concerned may require reasonable modification to any
operations plan or reclamation plan upon a
determination that the requirements of this Act cannot
be met if the plan is followed as approved, which shall
be based on a written finding and subject to public
notice and hearing requirements established by the
Secretary concerned.
(B) Waiver of public notice and hearing.--The
Secretary concerned may waive the public notice and
hearing requirements under subparagraph (A) in the case
of imminent threat to health, safety, or the
environment.
(3) Unanticipated events or conditions.--A permit
modification is required before changes are made to the
approved operations plan, or if unanticipated events or
conditions exist on the land subject to the permit, including
in the case of--
(A) development of acid or toxic drainage;
(B) loss of springs or water supplies;
(C) water quantity, water quality, or other
resulting water impacts that are significantly
different than those predicted in the application for
the operations permit;
(D) the need for long-term water treatment;
(E) significant reclamation difficulties or
reclamation failure;
(F) the discovery of significant scientific or
biological resources that were not addressed in the
original plan;
(G) the discovery of property eligible for listing
on the National Register of Historic Places; or
(H) the discovery of a hazard to public safety.
(f) Temporary Cessation of Operations.--
(1) Secretarial approval required.--An operator conducting
mineral activities under an operations permit in effect under
this title may not temporarily cease mineral activities for a
period of more than 180 days unless the Secretary concerned has
approved such temporary cessation or unless the temporary
cessation is permitted under the original operations permit.
(2) Previously issued operations permits.--An operator that
temporarily ceases mineral activities for a period of more than
90 days under an operations permit issued before the effective
date of this Act shall submit, before the expiration of such
90-day period, a complete application for temporary cessation
of operations to the Secretary concerned for approval unless
the temporary cessation is permitted under the original
operations permit.
(3) Required information.--
(A) In general.--To apply for an approval of
temporary cessation of operations, an operator shall
submit to the Secretary concerned such information
required under subsection (b) and any other provisions
prescribed by the Secretary concerned to minimize
impacts on human health, the environment, or property
eligible for listing on the National Register of
Historic Places.
(B) Inspection.--After receipt of a complete
application for temporary cessation of operations, the
Secretary concerned shall conduct an inspection of the
area for which temporary cessation of operations has
been requested.
(4) Conditions for approval.--The Secretary concerned may
approve an application for temporary cessation of operations if
such Secretary determines the following:
(A) The methods for securing surface facilities and
restricting access to the land subject to the
operations permit, or relevant portions thereof, will
effectively protect against hazards to the health and
safety of the public and fish and wildlife or damage to
property eligible for listing on the National Register
of Historic Places.
(B) Reclamation is in compliance with the approved
reclamation plan, except in those areas specifically
designated in the application for temporary cessation
of operations for which a delay in meeting such
standards is necessary to facilitate the resumption of
operations.
(C) The amount of financial assurance filed with
the permit application is sufficient to ensure
completion of the reclamation activities identified in
the approved reclamation plan in the event of
forfeiture.
(D) Any outstanding notices of violation and
cessation orders incurred in connection with the plan
for which temporary cessation is being requested are
either stayed pursuant to an administrative or judicial
appeal proceeding or are in the process of being abated
to the satisfaction of the Secretary concerned.
(g) Permit Reviews.--The Secretary concerned shall review each
operations permit issued under this section every 10 years during the
term of such operations permit, and before approving the resumption of
operations under subsection (f), the Secretary concerned shall require
the operator to take such actions as the Secretary concerned deems
necessary to ensure that mineral activities conform to the operations
permit, including adjustment of financial assurance requirements.
(h) Transfer, Assignment, or Sale of Rights.--
(1) Written approval.--No transfer, assignment, or sale of
rights granted by an operations permit under this section may
be made without the prior written approval of the Secretary
concerned.
(2) Conditions of approval.--The Secretary concerned may
allow a permit holder to transfer, assign, or sell rights under
the permit to a successor, if the Secretary concerned finds, in
writing, that the successor--
(A) has submitted all required information and is
eligible to receive a permit in accordance with section
305;
(B) has submitted evidence of financial assurance
satisfactory under section 306; and
(C) meets any other requirements specified by the
Secretary concerned.
(3) Assumed liability.--The successor described in
paragraph (2) shall assume the liability and reclamation
responsibilities established by the existing operations permit
and shall conduct the mineral activities in full compliance
with this Act and the terms and conditions of the operations
permit as in effect at the time of transfer, assignment, or
sale.
(4) Fee.--Each application for approval of an operations
permit transfer, assignment, or sale pursuant to this
subsection shall be accompanied by a fee payable to the
Secretary concerned in such amount as may be established by the
Secretary concerned, which shall be equal to the actual or
anticipated cost of reviewing and approving or disapproving
such transfer, assignment, or sale, as determined by the
Secretary concerned.
(i) Public Participation.--The Secretary and the Secretary of
Agriculture shall jointly issue regulations to ensure transparency and
public participation in permit decisions required under this Act,
consistent with any requirements that apply to such decisions under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
SEC. 305. PERSONS INELIGIBLE FOR PERMITS.
(a) Current Violations.--Unless corrective action has been taken in
accordance with subsection (c), no permit under this title may be
issued, transferred, assigned, or sold to an applicant if the applicant
or any agent of the applicant, the operator (if different from the
applicant), any claim or lease holder (if different from the applicant)
of the claim, license, or lease concerned, or any affiliate of the
applicant is in violation of the following:
(1) This Act.
(2) An applicable State or Federal toxic substance, solid
waste, air, water quality, or fish and wildlife conservation
law or regulation at any site where mining, beneficiation, or
processing activities are occurring or have occurred.
(3) The Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 et seq.) at any site where surface coal mining
operations are occurring or have occurred.
(b) Suspension.--The Secretary concerned shall suspend a permit, in
whole or in part, if the Secretary concerned determines that any of the
entities described in subsection (a) were in violation of any
requirement described in subsection (a) at the time such permit was
issued.
(c) Correction.--
(1) Reinstatement.--
(A) In general.--The Secretary concerned may issue
or reinstate a permit under this title if the applicant
submits proof that--
(i) the violation under subsection (a) or
(b) has been corrected or is in the process of
being corrected to the satisfaction of the
Secretary concerned and the regulatory
authority involved; or
(ii) the violator has filed, and is
pursuing at the time of such submission, a
direct administrative or judicial appeal to
contest the existence of the violation.
(B) Appeal of relationship to affiliate.--An appeal
of the relationship of an applicant to an affiliate
shall not constitute a direct administrative or
judicial appeal to contest the existence of the
violation under subparagraph (A)(ii).
(2) Conditional approval.--
(A) In general.--A permit that is issued or
reinstated based upon proof submitted under this
subsection shall be conditionally issued or
conditionally reinstated, respectively.
(B) Suspension; revocation.--The Secretary
concerned shall suspend or revoke a permit that is
conditionally issued or conditionally reinstated if the
relevant violation is not successfully abated or is
upheld on appeal.
(d) Pattern of Willful Violation.--No permit may be issued under
this Act to any applicant if there is a demonstrated pattern of willful
violations of the environmental protection requirements of this Act by
the applicant, an affiliate of the applicant, or the operator or claim,
license, or lease holder if different than the applicant.
SEC. 306. FINANCIAL ASSURANCE.
(a) Financial Assurance Required.--
(1) Form of assurance.--After a permit is issued under this
title and before any exploration or operations begin under the
relevant permit, the operator shall file with the Secretary
concerned evidence of financial assurance payable to the United
States, which shall be provided in the form of a surety bond,
letters of credit, certificates of deposit, or cash.
(2) Covered activities.--The financial assurance required
under paragraph (1) shall cover all land within the initial
permit area and all affected waters that may require
restoration, treatment, or other management as a result of
mineral activities, and shall be extended to cover all land and
water added to the permit area pursuant to any permit
modification made under section 303(e) or 304(e) or affected by
mineral activities within the permit area.
(b) Amount.--
(1) In general.--The amount of the financial assurance
required under this section shall be sufficient to ensure the
completion of reclamation satisfying the requirements of this
Act if the work were to be performed by the Secretary
concerned, or by a third-party contractor hired by the
Secretary concerned, in the event of forfeiture, including the
construction and maintenance costs for any treatment facilities
necessary to meet Federal and State environmental requirements.
(2) Calculation.--The calculation of the amount under
paragraph (1) shall take into account the maximum estimated
cost of reclamation, as determined by the best available
science, and administrative costs associated with a government
agency reclaiming the site.
(c) Duration.--The financial assurance required under this section
shall be held for the duration of the mineral activities and for an
additional period sufficient to cover the responsibility of the
operator for reclamation, long-term maintenance, and effluent treatment
as specified in subsection (g).
(d) Adjustments.--
(1) In general.--The Secretary concerned may adjust the
amount of the financial assurance required under this section
and the terms of the acceptance of the financial assurance as
needed as the land subject to the relevant permit is increased
or decreased, the costs of reclamation or treatment change, or
pursuant to section 304(f), but the financial assurance shall
otherwise be in compliance with this section.
(2) Review.--The Secretary concerned shall review the
financial assurance every 3 years and as part of the permit
application review under section 304(g).
(e) Release.--The Secretary concerned may, upon request, after
consultation with the Administrator of the Environmental Protection
Agency, notice and opportunity for public comment, and inspection by
the Secretary concerned, release, in whole or in part, the financial
assurance required under this section if the Secretary concerned makes
both of the following determinations:
(1) Reclamation or restoration covered by the financial
assurance has been accomplished as required by this Act.
(2) The terms and conditions of any other applicable
Federal requirements, and State requirements applicable
pursuant to cooperative agreements under section 308, have been
fulfilled.
(f) Release Schedule.--The release referred to in subsection (e)
shall be according to the following schedule:
(1) After the operator has completed any required
backfilling, regrading, and drainage control of an area subject
to mineral activities and covered by the financial assurance,
and has commenced revegetation on the regraded areas subject to
mineral activities in accordance with the approved reclamation
plan, that portion of the total financial assurance secured for
the area subject to mineral activities attributable to the
completed activities may be released, except that sufficient
financial assurance must be retained to address other required
reclamation needs and to ensure the long-term success of the
revegetation.
(2) After the operator has successfully completed all
remaining mineral activities and reclamation activities and all
requirements of the operations plan and the reclamation plan,
and all other requirements of this Act have been fully met, the
remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as
specified in paragraph (1), until the remaining portion of the
financial assurance is released as provided in paragraph (2), the
operator shall be required to comply with the relevant permit issued
under this title.
(g) Effluent.--
(1) In general.--Notwithstanding section 307(b)(2)(D),
where any discharge or other water-related condition resulting
from mineral activities requires treatment in order to meet
applicable effluent limitations and water quality standards,
the financial assurance shall include the estimated cost of
maintaining such treatment for the projected period that will
be needed after the cessation of mineral activities.
(2) Release of financial assurance.--The portion of the
financial assurance attributable to such estimated cost of
treatment shall not be released until such discharge has ceased
for a period of 5 years, as determined by ongoing monitoring
and testing, or, if the discharge continues, until the operator
has met all applicable effluent limitations and water quality
standards for 5 full years without treatment.
(h) Environmental Hazards.--If the Secretary concerned determines,
after final release of a financial assurance, that an environmental
hazard resulting from the mineral activities exists, or the terms and
conditions of the exploration permit or operations permit of this Act
were not fulfilled at the time of such release, the Secretary concerned
shall issue an order under section 507 requiring the claim holder or
operator (or any person who controls the claim holder or operator) to
correct the condition such that applicable laws and regulations and any
conditions from the operations plan are met.
SEC. 307. OPERATION AND RECLAMATION.
(a) General Rule.--
(1) In general.--An operator shall reclaim land subject to
mineral activities carried out under a permit issued under this
title to a condition capable of supporting--
(A) the uses which such land was capable of
supporting before surface disturbance by the operator;
or
(B) other beneficial uses which conform to
applicable land use plans as determined by the
Secretary concerned.
(2) Contemporaneous reclamation.--Reclamation shall proceed
as contemporaneously as practicable with the conduct of mineral
activities, and in the case of a cessation of mineral
activities beyond that provided for as a temporary cessation
under this Act, reclamation activities shall begin immediately.
(b) Operation and Reclamation Standards.--
(1) In general.--The Secretary and the Secretary of
Agriculture shall jointly issue regulations that establish
operations and reclamation standards for mineral activities
permitted under this Act and may determine whether outcome-
based performance standards or technology-based design
standards are most appropriate.
(2) Inclusions.--The regulations required under paragraph
(1) shall address the following:
(A) Segregation, protection, and replacement of
topsoil or other suitable growth medium, and the
prevention, where possible, of soil contamination.
(B) Maintenance of the stability of all surface
areas.
(C) Control of sediments to prevent erosion and
manage drainage.
(D) Minimization of the formation and migration of
acidic, alkaline, metal-bearing, or other deleterious
leachate.
(E) Reduction of the visual impact of mineral
activities to the surrounding topography, including as
necessary pit backfill.
(F) Establishment of a diverse, effective, and
permanent vegetative cover of the same seasonal variety
native to the area affected by mineral activities, and
equal in extent of cover to the natural vegetation of
the area.
(G) Design and maintenance of leach operations,
impoundments, and excess waste according to standard
engineering standards to achieve and maintain stability
and reclamation of the site.
(H) Removal of structures and roads and sealing of
drill holes.
(I) Restoration of, or mitigation for, fish and
wildlife habitat disturbed by mineral activities.
(J) Preservation of cultural, paleontological, and
cave resources.
(K) Prevention and suppression of fire within the
area affected by mineral activities.
(c) Surface or Ground Water Withdrawals.--The Secretary concerned
shall work with State and local governments with authority over the
allocation and use of surface and ground water in the area around the
mine site as necessary to ensure that any surface or ground water
withdrawals made as a result of mineral activities approved under this
title do not cause undue degradation.
(d) Special Rule.--Reclamation activities for a mining claim,
license, or lease that has been forfeited, relinquished, or lapsed, or
a plan that has expired or been revoked or suspended, shall continue
subject to review and approval by the Secretary concerned.
SEC. 308. STATE LAW AND REGULATION.
(a) State Law.--
(1) Reclamation, land use, environmental, and public health
standards.--Any reclamation, land use, environmental, or public
health protection standard or requirement in State law that
meets or exceeds the requirements of this Act shall not be
construed to be inconsistent with any such standard.
(2) Bonding requirements.--Any bonding standard or
requirement in State law that meets or exceeds the requirements
of this Act shall not be construed to be inconsistent with such
requirements.
(3) Inspection standards.--Any inspection standard or
requirement in State law that meets or exceeds the requirements
of this Act shall not be construed to be inconsistent with such
requirements.
(b) Applicability of Other State Requirements.--
(1) Environmental standards.--Nothing in this Act may be
construed to affect any toxic substance, solid waste, or air or
water quality standard or requirement of any State, local, or
Tribal law that may be applicable to mineral activities on land
subject to this Act.
(2) Water resources.--Nothing in this Act may be construed
to affect the right of any person to enforce or protect, under
applicable law, the interest of such person in water resources
affected by mineral activities on land subject to this Act.
(c) Cooperative Agreements.--
(1) In general.--A State may enter into a cooperative
agreement with the Secretary concerned for the purpose of the
Secretary concerned applying such standards and requirements
referred to in subsections (a) and (b) to mineral activities or
reclamation on land subject to this Act.
(2) Common regulatory framework.--
(A) In general.--If a proposed mineral activity
would affect land not subject to this Act in addition
to land subject to this Act, in order to approve a plan
of operations, the Secretary concerned shall enter into
a cooperative agreement with the State that establishes
a common regulatory framework consistent with the
requirements of this Act for the purposes of such plan
of operations.
(B) Authority of federal government.--Any common
regulatory framework established under subparagraph (A)
may not negate the authority of the Federal Government
to independently inspect mines and operations and bring
enforcement actions for violations.
(3) Notice and public comment.--The Secretary concerned may
not enter into a cooperative agreement with a State under this
section until after notice in the Federal Register and
opportunity for public comment and hearing.
(d) Prior Agreements.--Any cooperative agreement between the
Secretary concerned and a State, or political subdivision thereof,
relating to the management of mineral activities on land subject to
this Act that was in existence on the effective date of this Act may
only continue in force until 1 year after the effective date of this
Act, during which such period the Secretary concerned and the State
shall review the terms of such agreement or other understanding and
make changes that are necessary to be consistent with this Act.
TITLE IV--ABANDONED HARDROCK MINE RECLAMATION PROGRAM
SEC. 401. FUNDS CREDITED TO THE ABANDONED HARDROCK MINE RECLAMATION
PROGRAM.
(a) In General.--The following amounts shall be made available to
carry out, to remain available until expended without fiscal year
limitation, the Abandoned Hardrock Mine Reclamation Program:
(1) All moneys collected pursuant to sections 502 and 506.
(2) All fees received under section 304(a)(1)(B).
(3) All gifts contributed under subsection (b)(1).
(4) All amounts deposited in the Abandoned Hardrock Mine
Reclamation Program under title I.
(5) All amounts displaced material reclamation fees paid
under section 402.
(b) Donations.--
(1) Acceptance.--The Secretary may accept a gift of money,
to remain available until expended without fiscal year
limitation, to carry out the Abandoned Hardrock Mine
Reclamation Program.
(2) Rejection.--The Secretary may reject a gift under
paragraph (1) if such rejection is in the interest of the
Federal Government.
SEC. 402. DISPLACED MATERIAL RECLAMATION FEE.
(a) Imposition of Fee.--Except as provided in subsection (g), each
operator conducting mineral activities shall pay to the Secretary a
displaced material reclamation fee of 7 cents per ton of displaced
material.
(b) Payment Deadline.--An operator shall pay the reclamation fee
required by subsection (a) with respect to each calendar year beginning
with the first calendar year that begins after the effective date of
this Act not later than March 1 of the succeeding year.
(c) Submission of Statement.--Each operator conducting mineral
activities shall submit to the Secretary a statement of the amount of
displaced material produced during mineral activities carried out
during the preceding calendar year, the accuracy of which shall be
sworn to by the operator and notarized.
(d) Criminal Penalty.--Any corporate officer, agent, or director of
an operator conducting mineral activities, and any other person acting
on behalf of such a person, who knowingly makes any false statement,
representation, or certification, or knowingly fails to make any
statement, representation, or certification required under this section
with respect to such mineral activities shall, upon conviction, be
punished by a fine of not more than $10,000 for deposit in the
Abandoned Hardrock Mine Reclamation Program.
(e) Civil Action To Recover Fee.--Any portion of the reclamation
fee required under subsection (a) that is not properly or promptly paid
pursuant to this section shall be recoverable, with statutory interest,
from the operator, in any court of competent jurisdiction in any action
at law to compel payment of debts.
(f) Effect.--Nothing in this section requires a reduction in, or
otherwise affects, any similar fee required under any law or regulation
of any State.
(g) Exemption.--The fee under this section shall not apply for a
small miner's lease.
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. POLICY FUNCTIONS.
(a) Minerals Policy.--Section 101 of the Mining and Minerals Policy
Act of 1970 (30 U.S.C. 21a) is amended--
(1) by inserting ``and to ensure that mineral extraction
and processing do not cause unnecessary or undue degradation of
the natural and cultural resources of the public lands'' after
``activities''; and
(2) by adding at the end the following: ``It shall also be
the responsibility of the Secretary of Agriculture to carry out
the policy provisions of paragraphs (1) and (2) of this
section.''.
(b) Mineral Data.--Section 5(e)(3) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1604(e)(3)) is amended by inserting before the period the following:
``, except that for National Forest System lands, the Secretary of
Agriculture shall promptly initiate actions to improve the availability
and analysis of mineral data in Federal land-use decisionmaking''.
SEC. 502. USER FEES AND INFLATION ADJUSTMENT.
(a) User Fees.--The Secretary and the Secretary of Agriculture may
each establish and collect from persons subject to the requirements of
this Act such user fees as may be necessary to reimburse the United
States for expenses incurred in the administration of such
requirements. Fees may be assessed and collected under this section
only in such manner as may reasonably be expected to result in an
aggregate amount of the fees collected during any fiscal year which
does not exceed the aggregate amount of administrative expenses
referred to in this section.
(b) Adjustment of User Fees.--
(1) Inflation.--The Secretary shall adjust the user fees
established by this section, and all claim maintenance fees,
rental rates, penalty amounts, and other dollar amounts
established in this Act, to reflect changes in the Consumer
Price Index published by the Bureau of Labor Statistics of the
Department of Labor every 3 years after the effective date of
this Act, or more frequently if the Secretary determines an
adjustment to be reasonable.
(2) Notice.--The Secretary shall provide claim holders,
license holders, and lease holders notice of any adjustment
made under this subsection not later than July 1 of the year in
which the adjustment is made.
(3) Applicability.--A fee adjustment under this subsection
shall begin to apply the calendar year following the calendar
year in which it is made.
SEC. 503. INSPECTION AND MONITORING.
(a) Inspections.--
(1) In general.--The Secretary concerned shall conduct
inspections of mineral activities so as to ensure compliance
with the requirements of this Act.
(2) Frequency.--
(A) In general.--The Secretary concerned shall
establish a frequency of inspections for mineral
activities conducted under a permit issued under title
III, but in no event shall such inspection frequency be
less than 1 complete inspection per calendar quarter
or, in the case of a permit for which the Secretary
concerned approves an application under section 304(f),
2 per calendar quarter.
(B) Frequency after revegetation.--After
revegetation has been completed in accordance with a
reclamation plan, the Secretary concerned shall conduct
2 complete inspections annually.
(C) Seasonal mineral activities.--The Secretary
concerned may modify the inspection frequency for
mineral activities that are conducted on a seasonal
basis.
(D) Termination.--Inspections shall continue under
this subsection until final release of financial
assurance.
(3) By request.--
(A) In general.--Any person that has reason to
believe such person is or may be adversely affected by
mineral activities due to any violation of the
requirements of a permit approved under this Act may
request an inspection under this section of such
mineral activities.
(B) Review period.--Not later than 30 business days
after the date the Secretary concerned receives a
request under subparagraph (A), the Secretary concerned
shall determine whether the request states a reason to
believe that a violation exists.
(C) Imminent threat.--If, in a request submitted
under subparagraph (A), a person alleges and provides
reason to believe that an imminent threat to the
environment or danger to the health or safety of the
public exists, subparagraph (B) shall not apply and the
inspection shall be conducted immediately.
(D) Notification.--The Secretary concerned shall
notify the person that submitted a request under
subparagraph (A) when an inspection is conducted
pursuant to such request, and such person may accompany
the Secretary concerned during the inspection.
(E) Liability.--The Secretary concerned shall not
incur any liability for granting a request to allow any
person to accompany such Secretary concerned under
subparagraph (D).
(F) Anonymity.--If a person that submits a request
under subparagraph (A) or (C) requests that the
identity of such person remain confidential, the
Secretary concerned shall keep such information
confidential unless such person accompanies the
Secretary concerned during the inspection under
subparagraph (D).
(G) Procedures.--The Secretary and the Secretary of
Agriculture shall jointly issue regulations to
establish procedures for the review of--
(i) any decision by an authorized
representative of such Secretaries not to carry
out an inspection under this paragraph; or
(ii) any refusal by such authorized
representative to ensure that remedial actions
are taken with respect to any alleged
violation.
(H) Written statement.--The Secretary concerned
shall give a person that submits a request under
subparagraph (A) a written statement of the reasons for
the final disposition of the request.
(b) Monitoring.--
(1) Monitoring system.--
(A) In general.--The Secretary concerned shall
require all operators to develop and maintain a
monitoring and evaluation system that shall identify
compliance with all requirements of a permit issued
under this Act.
(B) Additional monitoring.--The Secretary concerned
may require an operator to conduct additional
monitoring as necessary to ensure compliance with the
reclamation and other environmental standards of this
Act. Such monitoring and evaluation system described in
subparagraph (A) and any additional monitoring required
by this subparagraph is subject to the approval of the
Secretary.
(2) Reporting requirements.--
(A) In general.--An operator shall file reports
with the Secretary concerned, on a frequency and
containing such information as determined by the
Secretary concerned, regarding the results of the
monitoring and evaluation system, except that if the
monitoring and evaluation system shows a violation of
the requirements of a permit issued under this Act, the
operator shall immediately report such violation to the
Secretary concerned.
(B) Enforcement.--The Secretary concerned shall
evaluate the reports submitted pursuant to this
paragraph, and, based on such reports and any necessary
inspection, shall take enforcement action pursuant to
section 506.
(C) Maintenance of reports; availability to
public.--The Secretary concerned and each operator
shall both maintain each report submitted by such
operator under this paragraph and make each such report
available to the public.
(3) Failure to report.--If an operator fails to file a
report as required under this section such failure shall
constitute a violation of this Act and subject the operator to
enforcement action pursuant to section 506.
SEC. 504. CITIZENS SUITS.
(a) In General.--Except as provided in subsection (c), any person
may commence a civil action to compel compliance--
(1) against any person that is alleged to be in violation
of this Act or any term or condition of any lease, license, or
permit issued under this Act; or
(2) against the Secretary concerned if the Secretary
concerned failed to perform any act or duty under this Act, or
to issue any regulation under this Act, required by this Act.
(b) District Court Jurisdiction.--
(1) In general.--The United States district courts shall
have jurisdiction over an action brought under this section,
without regard to the amount in controversy or the citizenship
of the parties, including actions brought to apply any civil
penalty under this Act.
(2) Agency action unreasonably delayed.--The United States
district courts shall have jurisdiction to compel agency action
unreasonably delayed, except that an action to compel agency
action reviewable under section 505 may only be filed in a
United States district court within the circuit in which such
action would be reviewable under section 505.
(c) Exceptions.--
(1) Notice.--No action may be commenced under subsection
(a) before the end of the 60-day period beginning on the date
the plaintiff has given notice in writing of such alleged
violation to the alleged violator and the Secretary concerned,
except that any such action may be brought immediately after
such notification if the violation complained of constitutes an
imminent threat to the environment or to the health or safety
of the public or to property eligible for listing on the
National Register of Historic Places.
(2) Ongoing litigation.--No action may be brought against
any person other than the Secretary concerned under subsection
(a)(1) if the Secretary concerned has commenced and is
diligently prosecuting a civil or criminal action in a court of
the United States to require compliance.
(3) Exception.--No action may be commenced under subsection
(a)(2) against the Secretary concerned to review any regulation
issued, or any permit issued or denied, by the Secretary
concerned if such regulation or permit issuance or denial is
judicially reviewable under section 505 or under any other
provision of law at any time after such issuance or denial is
final.
(d) Venue.--Venue of all actions brought under this section shall
be determined in accordance with section 1391 of title 28, United
States Code.
(e) Costs.--The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation
(including attorney and expert witness fees) to any party whenever the
court determines such award is appropriate. The court may, if a
temporary restraining order or preliminary injunction is sought,
require the filing of a bond or equivalent security in accordance with
the Federal Rules of Civil Procedure.
(f) Savings Clause.--
(1) In general.--Nothing in this section shall restrict any
right which any person (or class of persons) may have under
chapter 7 of title 5, United States Code, under this section,
or under any other statute or common law to bring an action to
seek any relief against the Secretary or the Secretary of
Agriculture or against any other person, including any action
for any violation of this Act or of any regulation or permit
issued under this Act or for any failure to act as required by
law.
(2) Jurisdiction.--Nothing in this section shall affect the
jurisdiction of any court under any provision of title 28,
United States Code, including any action for any violation of
this Act or of any regulation or permit issued under this Act
or for any failure to act as required by law.
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Review by Secretary Concerned.--
(1) Notice of violation.--Any person issued a notice of
violation or cessation order under section 507, or any person
having an interest which is or may be adversely affected by
such notice or order, may apply to the Secretary concerned for
review of such notice or order not later than 30 days after
receipt thereof, or as the case may be, not later than 30 days
after such notice or order is modified, vacated, or terminated.
(2) Review of penalty.--Any person that is subject to a
penalty assessed under section 507 may apply to the Secretary
concerned for review of the assessment not later than 45 days
of notification of such penalty.
(3) Third-party requests.--Any person may apply to the
Secretary concerned for review of a decision under this
subsection not later than 30 days after such decision is
issued.
(4) Stays pending review.--Pending a review by the
Secretary concerned or resolution of an administrative appeal,
final decisions (except enforcement actions under section 507)
shall be stayed.
(5) Public hearing.--The Secretary concerned shall provide
an opportunity for public hearing at the request of any party
to a review under paragraph (1). The filing of an application
for review under this subsection shall not operate as a stay of
any order or notice issued under section 507.
(6) Written decision.--
(A) In general.--For any review under this
subsection, the Secretary concerned shall make findings
of fact and shall issue a written decision
incorporating therein an order vacating, affirming,
modifying, or terminating the notice, order, or
decision, or with respect to an assessment, the amount
of penalty that is warranted.
(B) Deadline.--Where an application for review
under this subsection concerns a cessation order issued
under section 506, the Secretary concerned shall,
unless temporary relief has been granted by the
Secretary concerned under paragraph (7), issue the
written decision not later than the later of--
(i) 30 days after the date of the receipt
of the application for review; and
(ii) 30 days after the conclusion of any
hearing referred to in paragraph (5).
(7) Temporary relief.--
(A) In general.--Pending completion of any review
under this subsection, the person that submitted an
application for review under paragraph (1) may file
with the Secretary concerned a written request that the
Secretary concerned grant temporary relief from any
order issued under section 507 including a detailed
statement of the basis for such relief.
(B) Decision.--The Secretary concerned shall
expeditiously issue an order or decision granting or
denying an application for temporary relief submitted
under subparagraph (A).
(C) Limitation.--The Secretary concerned may grant
temporary relief under subparagraph (B) under such
conditions as they may prescribe only if the Secretary
concerned determines that such relief will not
adversely affect the health or safety of the public or
cause imminent environmental harm to land, air, or
water resources.
(8) Savings clause.--The availability of review under this
subsection shall not be construed to limit the operation of
rights under section 504.
(b) Judicial Review.--
(1) Court of appeals for the district of columbia.--Any
final action by the Secretary or the Secretary of Agriculture
in issuing regulations to implement this Act, or any other
final actions constituting rulemaking to implement this Act,
shall be subject to judicial review only in a United States
Court of Appeals for a circuit in which an affected State is
located or within the District of Columbia.
(2) Petition for review.--A petition for review of any
action subject to judicial review under this subsection shall
be filed not later than 60 days after the date of such action,
or after such date if the petition is based solely on grounds
arising after the 60th day. Any such petition may be made by
any person that commented or otherwise participated in the
rulemaking or any person that may be adversely affected by the
action of the Secretary or the Secretary of Agriculture.
(3) Standard of review.--Final agency action under this
subsection, including such final action on those matters
described under subsection (a), shall be subject to judicial
review in accordance with paragraph (4) and pursuant to section
1391 of title 28, United States Code, not later than 60 days
after the date of such final action. Any action subject to
judicial review under this subsection shall be affirmed unless
the court concludes that such action is arbitrary, capricious,
or otherwise inconsistent with law.
(4) Savings clause.--The availability of judicial review
established in this subsection shall not be construed to limit
the operations of rights under section 504.
(5) Record.--The court shall hear any petition or complaint
filed under this subsection solely on the record made before
the Secretary concerned. The court may affirm or vacate any
order or decision or may remand the proceedings to the
Secretary concerned for such further action as it may direct.
(6) Commencement of a proceeding not a stay.--The
commencement of a proceeding under this section shall not,
unless specifically ordered by the court, operate as a stay of
the action, order, or decision of the Secretary concerned.
(c) Costs.--Whenever a proceeding occurs under subsection (a) or
(b), at the request of any person, a sum equal to the aggregate amount
of all costs and expenses (including attorney fees) as determined by
the Secretary concerned or the court to have been reasonably incurred
by such person for or in connection with participation in such
proceedings, including any judicial review of the proceeding, may be
assessed against either party as the court, in the case of judicial
review, or the Secretary concerned in the case of administrative
proceedings, deems appropriate if it is determined that such party
prevailed in whole or in part, achieving some success on the merits,
and that such party made a substantial contribution to a full and fair
determination of the issues.
SEC. 506. REPORTING REQUIREMENTS.
(a) Report to Secretary Concerned.--An operator engaging in any
mineral activities on Federal land or on Indian land shall submit to
the Secretary concerned an annual report, in a time and manner
prescribed by the Secretary concerned, describing the total amount (in
metric tons) and value of hardrock minerals produced through such
mineral activities, including the total amount and value of any
hardrock minerals produced from a mine partially located on either
Federal land or Indian land, disaggregated by hardrock mineral and by
percentage extracted from Federal land and percentage extracted from
Indian land.
(b) Failure To Report.--Any person that fails to comply with the
requirements of subsection (a) shall be subject to a civil penalty not
to exceed $25,000 per day during which such failure continues, which
may be assessed by the Secretary concerned.
(c) Report to Congress.--The Secretary shall annually submit to
Congress a report providing the following information for each hardrock
mine located on Federal land or on Indian land:
(1) The data submitted for such mine under subsection (a).
(2) The name of the operator of such mine.
(3) The State in which such mine is located.
(4) The Bureau of Land Management field office with
jurisdiction over such mine.
(5) Whether such mine is located on Federal land.
(6) Whether such mine is located on Indian land.
(d) Regulations.--Not later than 1 year after the effective date of
this Act, the Secretary shall issue such regulations as are necessary
to carry out this section.
SEC. 507. ENFORCEMENT.
(a) Orders.--
(1) Notice of violation.--
(A) In general.--If the Secretary concerned
determines that any person is in violation of any
environmental protection requirement or any regulation
issued by the Secretary concerned to implement this
Act, such the Secretary concerned shall issue to such
person a notice of violation describing the violation
and the corrective measures to be taken.
(B) Time to abate.--A person issued a notice of
violation under subparagraph (A) shall abate such
violation within a time period determined by the
Secretary concerned which shall not exceed 30 days.
(C) Extension of time to abate.--The Secretary
concerned may, upon a showing of good cause by the
person issued a notice of violation under subparagraph
(A), extend the period of time under subparagraph (B).
(D) Continued violation.--If, upon the expiration
of the time period under subparagraph (B), including
any extension under subparagraph (C), the Secretary
concerned finds that the person issued a notice of
violation under subparagraph (A) has not abated such
violation, the Secretary concerned shall immediately
order a cessation of all mineral activities or the
portion thereof relevant to the violation.
(2) Order for immediate cessation.--If the Secretary
concerned determines that any condition or practice exists, or
that any person is in violation of any requirement under a
permit issued under this Act, and such condition, practice, or
violation is causing, or can reasonably be expected to cause
either of the following, the Secretary concerned shall
immediately order a cessation of all mineral activities or the
portion thereof relevant to the condition, practice, or
violation:
(A) An imminent danger to the health or safety of
the public.
(B) Significant, imminent environmental harm to
land, air, water, or fish or wildlife resources.
(3) Duration.--
(A) Termination.--A cessation order issued pursuant
to paragraph (1) or (2) shall remain in effect until
the Secretary concerned determines that the condition,
practice, or violation has been abated or until such
order is modified, vacated, or terminated by the
Secretary concerned. In any such order, the Secretary
concerned shall determine the steps necessary to abate
the violation in the most expeditious manner possible
and shall include the necessary measures in such order.
(B) Financial assurances.--The Secretary concerned
shall require appropriate financial assurances to
ensure that the abatement obligations are met when
issuing a cessation order under this section.
(C) Authority of the secretary concerned.--Any
notice or order issued pursuant to paragraph (1) or (2)
may be modified, vacated, or terminated by the
Secretary concerned. Any person to whom any such notice
or order is issued shall be entitled to a hearing on
the record.
(4) Alternative enforcement action.--
(A) In general.--If, 30 days after the notice of
violation referred to in paragraph (1)(A) is issued,
the required abatement has not occurred, the Secretary
concerned shall take such alternative enforcement
action against the claim holder, license holder, lease
holder, or operator (or any person who controls the
claim holder, license holder, lease holder, or
operator) as will most likely bring about such required
abatement in the most expeditious manner possible,
which may include seeking appropriate injunctive relief
to bring about abatement.
(B) Earlier alternative enforcement action.--
Nothing in this paragraph shall preclude the Secretary
concerned from taking alternative enforcement action
before the expiration of the 30-day period described in
subparagraph (A).
(5) Failure or default.--
(A) In general.--If a claim holder, license holder,
lease holder, or operator (or any person who controls
the claim holder, license holder, lease holder, or
operator) fails to abate a violation or defaults on the
terms of a permit issued under this Act, the Secretary
concerned shall forfeit the financial assurance
required under section 306 as necessary to ensure
abatement and reclamation under this Act.
(B) Reclamation by surety.--The Secretary concerned
may prescribe conditions under which a surety may
perform reclamation in accordance with section 307 in
lieu of forfeiture under subparagraph (A).
(6) Pending review.--The Secretary concerned shall not
cause forfeiture of financial assurance while administrative or
judicial review is pending.
(7) Liability in the event of forfeiture.--In the event of
forfeiture, the claim holder, license holder, lease holder,
operator, or any affiliate thereof, as determined appropriate
by the Secretary by regulation, shall be jointly and severally
liable for any remaining reclamation obligations under this
Act.
(b) Compliance.--The Secretary concerned may request that the
Attorney General institute a civil action for relief, including a
permanent or temporary injunction or restraining order and any other
appropriate enforcement order, including the imposition of civil
penalties, in the United States district court for the district in
which the mineral activities are located, whenever a person--
(1) violates, fails, or refuses to comply with any order
issued by the Secretary concerned under subsection (a); or
(2) interferes with, hinders, or delays the Secretary
concerned in carrying out an inspection under section 503.
Such court shall have jurisdiction to provide such relief as may be
appropriate. Any relief granted by such court to enforce an order under
paragraph (1) shall continue in effect until the completion or final
termination of all proceedings for review of such order unless the
court granting such relief sets it aside.
(c) Delegation.--Notwithstanding any other provision of law, the
Secretary may utilize personnel of the Office of Surface Mining
Reclamation and Enforcement to ensure compliance with the requirements
of this Act.
(d) Penalties.--
(1) Failure to comply with requirements of a permit.--
(A) In general.--A person who fails to comply with
any requirement of a permit issued under this Act or
any regulation issued to implement this Act shall be
liable for a penalty of not more than $25,000 per
violation.
(B) Separate violations.--Each day of violation may
be deemed a separate violation for purposes of a
penalty assessment under this paragraph.
(2) Failure to comply with a cessation order.--A person who
fails to correct a violation for which a cessation order has
been issued under subsection (a) within the period permitted
for correction of such violation shall be assessed a civil
penalty of not less than $1,000 per violation for each day
during which such failure continues.
(3) Penalties for directors, officers, and agents.--
Whenever a corporation is in violation of a requirement of a
permit issued under this Act or any regulation issued to
implement this Act or fails or refuses to comply with an order
issued under subsection (a), any director, officer, or agent of
such corporation who knowingly authorized, ordered, or carried
out such violation, failure, or refusal shall be subject to the
same penalties as may be imposed upon a person described in
paragraph (1).
(e) Suspensions or Revocations.--The Secretary concerned shall
suspend or revoke a permit issued under title II, in whole or in part,
if the operator--
(1) knowingly made or knowingly makes any false,
inaccurate, or misleading material statement in any mining
claim, notice of location, application, record, report, plan,
or other document filed or required to be maintained under this
Act;
(2) fails to abate a violation covered by a cessation order
issued under subsection (a);
(3) fails to comply with an order of the Secretary
concerned;
(4) refuses to permit an audit pursuant to this Act;
(5) fails to maintain an adequate financial assurance under
section 306;
(6) fails to pay claim maintenance fees, rentals, or other
moneys due and owing under this Act; or
(7) with regard to plans conditionally approved under
section 305(c)(2)--
(A) fails to abate a violation to the satisfaction
of the Secretary concerned; or
(B) the validity of the violation is upheld on the
appeal which formed the basis for the conditional
approval.
(f) False Statements; Tampering.--
(1) In general.--A person who knowingly carries out any of
the following actions shall, upon an initial conviction, be
fined not more than $10,000, imprisoned for not more than 2
years, or both, and, upon a subsequent conviction, be fined not
more than $20,000, imprisoned for not more than 4 years, or
both:
(A) Make a false material statement,
representation, or certification in, or omit or conceal
material information from, or unlawfully alter, any
mining claim, notice of location, application, record,
report, plan, or other documents filed or required to
be maintained under this Act.
(B) Falsify, tamper with, render inaccurate, or
fail to install any monitoring device or method
required to be maintained under this Act.
(2) Separate violations.--Each day of continuing violation
may be deemed a separate violation for purposes of penalty
assessment under paragraph (1).
(g) Mineral Activities Without a Permit.--
(1) In general.--A person that knowingly carries out any of
the following actions shall, upon an initial conviction, be
fined not less than $5,000 and not more than $50,000,
imprisoned for not more than 3 years, or both, and, upon a
subsequent conviction, be fined not less than $10,000,
imprisoned for not more than 6 years, or both:
(A) Engage in mineral activities without a permit
required under title II.
(B) Violate any other requirement of a permit
issued under this Act, or any condition or limitation
thereof.
(2) Separate violations.--Each day of continuing violation
shall be deemed a separate violation for purposes of penalty
assessment under paragraph (1).
(h) Knowing and Willful Violations.--A person that knowingly and
willfully commits an act for which a civil penalty is provided in
subsection (g)(1)(A) shall, upon conviction, be punished by a fine of
not more than $50,000, or by imprisonment for not more than 2 years, or
both.
(i) Person Defined.--In this section, the term ``person'' includes
any officer, agent, or employee of a person.
SEC. 508. REGULATIONS.
(a) In General.--The Secretary and the Secretary of Agriculture
shall issue such regulations as are necessary to implement this Act.
(b) Regulations Affecting Forest Service.--Not later than 1 year
after the effective date of this Act, the Secretary and the Secretary
of Agriculture shall jointly issue regulations implementing titles II
and III and this title that affect the Forest Service.
SEC. 509. OIL SHALE CLAIMS.
Section 2511(f) of the Energy Policy Act of 1992 (30 U.S.C. 242(f);
Public Law 102-486) is amended--
(1) by striking ``as prescribed by the Secretary''; and
(2) by inserting before the period the following: ``in the
same manner as required by title II of the Clean Energy
Minerals Reform Act of 2023''.
SEC. 510. SAVINGS CLAUSE.
(a) Special Application of Mining Laws.--Nothing in this Act shall
be construed to--
(1) repeal or modify any Federal law, regulation, order, or
land use plan in effect before the effective date of this Act
that prohibits or restricts the application of the general
mining laws, including laws that provide for special management
criteria for operations under the general mining laws as in
effect before the effective date of this Act, to the extent
such laws provide for protection of natural and cultural
resources and the environment greater than required under this
Act;
(2) apply to or limit mineral investigations, studies, or
other mineral activities conducted by any Federal or State
agency acting in the governmental capacity of such agency
pursuant to other authority; or
(3) affect or limit any assessment, investigation,
evaluation, or listing pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42
U.S.C. 3251 et seq.).
(b) Claims Converted to Leases.--Any Federal law described in
subsection (a) shall remain in force and effect with respect to claims
converted to leases under this Act.
(c) Effect on Other Federal Laws.--
(1) General mining laws.--The provisions of this Act shall
supersede the general mining laws.
(2) Other laws.--Except for the general mining laws,
nothing in this Act shall be construed to supersede, modify,
amend, or repeal any provision of Federal law not expressly
superseded, modified, amended, or repealed by this Act.
(3) Environmental laws.--Nothing in this Act shall be
construed to alter, affect, amend, modify, or change, directly
or indirectly, any law which refers to and provides authorities
or responsibilities for, or is administered by, the
Administrator of the Environmental Protection Agency,
including--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(C) title XIV of the Public Health Service Act (the
Safe Drinking Water Act) (42 U.S.C. 300f et seq.);
(D) the Clean Air Act (42 U.S.C. 7401 et seq.);
(E) the Pollution Prevention Act of 1990 (42 U.S.C.
13101 et seq.);
(F) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.);
(G) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(H) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.);
(I) the Motor Vehicle Information and Cost Savings
Act (15 U.S.C. 1901 et seq.);
(J) the Federal Hazardous Substances Act (15 U.S.C.
1261 et seq.);
(K) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(L) the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.);
(M) the Noise Control Act of 1972 (42 U.S.C. 4901
et seq.);
(N) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(O) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(P) the Superfund Amendments and Reauthorization
Act of 1986 (Public Law 99-499; 100 Stat. 1613);
(Q) the Ocean Dumping Act (33 U.S.C. 1401 et seq.);
(R) the Environmental Research, Development, and
Demonstration Authorization Act of 1978 (42 U.S.C.
4365);
(S) the Pollution Prosecution Act of 1990 (42
U.S.C. 4321 note; Public Law 101-593);
(T) the Federal Facilities Compliance Act of 1992
(Public Law 102-386; 106 Stat. 1505); and
(U) any statute containing an amendment to any of
such Acts.
(4) Federal indian law.--Nothing in this Act shall be
construed to modify or affect any provision of--
(A) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(B) the American Indian Religious Freedom Act (42
U.S.C. 1996);
(C) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(D) the Religious Freedom Restoration Act of 1993
(42 U.S.C. 2000bb et seq.); or
(E) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.).
(d) Sovereign Immunity of Indian Tribes.--Nothing in this Act shall
be construed so as to waive the sovereign immunity of any Indian Tribe.
SEC. 511. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials, or information
obtained by the Secretary or the Secretary of Agriculture under this
Act shall be made immediately available to the public, consistent with
section 552 of title 5, United States Code, in central and sufficient
locations in the county, multicounty, and State area of mineral
activities or reclamation and on the internet so that such information
is conveniently available to residents in the area proposed or approved
for mineral activities.
SEC. 512. MISCELLANEOUS POWERS.
(a) In General.--The Secretary concerned, in carrying out the
duties of the Secretary concerned under this Act, may conduct any
investigation, inspection, or other inquiry and may conduct, after
notice, any hearing or audit, that is necessary and appropriate to
carry out such duties.
(b) Ancillary Powers.--In connection with any hearing, inquiry,
investigation, or audit under this Act, the Secretary concerned may
carry out any of the following actions:
(1) Require, by special or general order, any person to
submit in writing such affidavits and answers to questions as
the Secretary concerned may reasonably prescribe, which
submission shall be made within such reasonable period and
under oath or otherwise, as may be necessary.
(2) Administer oaths.
(3) Require by subpoena the attendance and testimony of
witnesses and the production of all books, papers, records,
documents, matter, and materials as the Secretary concerned may
request.
(4) Order testimony to be taken by deposition before any
person that is designated by the Secretary concerned and that
has the power to administer oaths, and compel testimony and the
production of evidence in the same manner as authorized under
paragraph (3) of this subsection.
(5) Pay witnesses the same fees and mileage as are paid in
like circumstances in the courts of the United States.
(c) Enforcement.--
(1) In general.--In cases of refusal to obey a subpoena
served upon any person under this section, the United States
district courts for any district in which such person is found,
resides, or transacts business, upon application by the
Attorney General at the request of the Secretary concerned and
after notice to such person, shall have jurisdiction to issue
an order requiring such person to appear and produce documents
before the Secretary concerned.
(2) Failure to obey.--Any failure to obey an order issued
under paragraph (1) may be punished by the court that issued
such order as contempt thereof and the person subject to such
order shall be subject to a penalty of not more than $10,000
per day.
(d) Entry and Access.--Without advance notice and upon presentation
of appropriate credentials, the Secretary concerned--
(1) shall have the right of entry to, upon, and through the
site of any claim, license, lease, mineral activities, or any
premises in which any records required to be maintained under
this Act are located;
(2) may, at reasonable times and without delay, have access
to records, inspect any monitoring equipment, and review any
method of operation required under this Act;
(3) may engage in any work and do all things necessary or
expedient to implement and administer the provisions of this
Act;
(4) may, on any mining claim, license, or lease maintained
in compliance with this Act, stop and inspect any motorized
form of transportation that the Secretary concerned has
probable cause to believe is carrying hardrock minerals,
concentrates, or products derived therefrom from a claim site
for the purpose of determining whether the operator of such
vehicle has documentation related to such hardrock minerals,
concentrates, or products derived therefrom as required by law,
if such documentation is required under this Act; and
(5) may, if accompanied by a appropriate law enforcement
officer, or an appropriate law enforcement officer alone, stop
and inspect any motorized form of transportation which is not
on a claim site if the Secretary concerned or the appropriate
law enforcement officer has probable cause to believe such
vehicle is carrying hardrock minerals, concentrates, or
products derived therefrom from a claim site, license, or lease
on Federal land or allocated to such claim site, license, or
lease for the purpose of determining whether the operator of
such vehicle has the documentation required by law, if such
documentation is required under this Act.
SEC. 513. MINERAL MATERIALS.
(a) Determinations.--Section 3 of the Act of July 23, 1955,
commonly known as the Surface Resources Act of 1955 (30 U.S.C. 611), is
amended--
(1) by striking ``No'' and inserting ``(a) No'';
(2) by inserting ``mineral materials, including'' after
``varieties of'';
(3) by striking ``or cinders'' and inserting ``cinders, and
clay,''; and
(4) by adding at the end the following:
``(b)(1) Subject to valid existing rights, after the date of the
enactment of the Clean Energy Minerals Reform Act of 2023,
notwithstanding the reference to common varieties in subsection (a) and
to the exception to such term relating to a deposit of materials with
some property giving it distinct and special value, all deposits of
mineral materials referred to in such subsection, including the block
pumice referred to in such subsection, shall be subject to disposal
only under the terms and conditions of the Materials Act of 1947 (30
U.S.C. 601-603).
``(2) For purposes of paragraph (1), the term `valid existing
rights' means that a mining claim located for any such mineral
material--
``(A) had and still has some property giving it the
distinct and special value referred to in subsection (a), or as
the case may be, met the definition of block pumice referred to
in such subsection;
``(B) was properly located and maintained under the general
mining laws before the date of the enactment of the Clean
Energy Minerals Reform Act of 2023; and
``(C) was supported by a discovery of a valuable mineral
deposit within the meaning of the general mining laws as in
effect immediately before the date of the enactment of the
Clean Energy Minerals Reform Act of 2023.''.
(b) Mineral Materials Disposal Clarification.--Section 4 of the Act
of July 23, 1955, commonly known as the Surface Resources Act of 1955
(30 U.S.C. 612), is amended--
(1) in subsection (b), by inserting ``and mineral
material'' after ``vegetative''; and
(2) in subsection (c), by inserting ``and mineral
material'' after ``vegetative''.
(c) Conforming Amendment.--Section 1 of the Act of July 31, 1947,
entitled ``An Act to provide for the disposal of materials on the
public lands of the United States'' (30 U.S.C. 601 et seq.) is amended
by striking ``common varieties of'' in the first sentence.
(d) Short Titles.--
(1) Surface resources.--The Act of July 23, 1955, is
amended by adding at the end the following:
``Sec. 8. This Act may be cited as the `Surface Resources Act of
1955'.''.
(2) Mineral materials.--The Act of July 31, 1947, entitled
``An Act to provide for the disposal of materials on the public
lands of the United States'' (30 U.S.C. 601 et seq.) is amended
by adding at the end the following:
``Sec. 5. This Act may be cited as the `Materials Act of 1947'.''.
(e) Repeals.--Subject to valid existing rights, the following are
repealed:
(1) The Act of August 4, 1892, commonly known as the
Building Stone Act (chapter 375; 27 Stat. 348; 30 U.S.C. 161).
(2) The Act of January 31, 1901, commonly known as the
Saline Placer Act (chapter 186; 31 Stat. 745; 30 U.S.C. 162).
SEC. 514. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act, except as otherwise provided in this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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