S 796 ISCommentsClose CommentsPermalink

To modify the requirements applicable to locatable minerals on public domain land, and for other purposes.CommentsClose CommentsPermalink

April 2, 2009CommentsClose CommentsPermalink

Mr. BINGAMAN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To modify the requirements applicable to locatable minerals on public domain land, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Hardrock Mining and Reclamation Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink

TITLE I--LOCATABLE MINERAL DEPOSITS

Sec. 101. Limitation on patents.CommentsClose CommentsPermalink





Sec. 102. Fees.CommentsClose CommentsPermalink





Sec. 103. Limitations.CommentsClose CommentsPermalink

TITLE II--ROYALTIES

Sec. 201. Royalty.CommentsClose CommentsPermalink





Sec. 202. Royalty relief.CommentsClose CommentsPermalink





Sec. 203. Enforcement.CommentsClose CommentsPermalink





Sec. 204. Review.CommentsClose CommentsPermalink

TITLE III--MINERAL ACTIVITIES

Sec. 301. Permits.CommentsClose CommentsPermalink





Sec. 302. Exploration permits.CommentsClose CommentsPermalink





Sec. 303. Mining permits.CommentsClose CommentsPermalink





Sec. 304. Financial assurances.CommentsClose CommentsPermalink





Sec. 305. Transfer, assignment, or sale of right.CommentsClose CommentsPermalink





Sec. 306. Operation and reclamation.CommentsClose CommentsPermalink





Sec. 307. Land open to location.CommentsClose CommentsPermalink





Sec. 308. State law.CommentsClose CommentsPermalink





Sec. 309. Inspection and monitoring.CommentsClose CommentsPermalink

TITLE IV--HARDROCK MINERALS RECLAMATION FUND

Sec. 401. Establishment of Fund.CommentsClose CommentsPermalink





Sec. 402. Use and objectives of the Fund.CommentsClose CommentsPermalink





Sec. 403. Abandoned mine land reclamation fee.CommentsClose CommentsPermalink

TITLE V--TRANSITION RULES, ADMINISTRATIVE PROVISIONS, AND MISCELLANEOUS PROVISIONS

Sec. 501. Transition rules.CommentsClose CommentsPermalink





Sec. 502. Enforcement.CommentsClose CommentsPermalink





Sec. 503. Judicial review.CommentsClose CommentsPermalink





Sec. 504. Uncommon varieties.CommentsClose CommentsPermalink





Sec. 505. Review of uranium development on Federal land.CommentsClose CommentsPermalink





Sec. 506. Effect.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ABANDONED HARDROCK MINE STATE- The term ‘abandoned hardrock mine State’ means each of the States of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.CommentsClose CommentsPermalink





(2) APPLICANT- The term ‘applicant’ means any person that applies for--CommentsClose CommentsPermalink





(A) a permit under this Act; orCommentsClose CommentsPermalink





(B) a modification to, or a renewal of, a permit issued under this Act.CommentsClose CommentsPermalink





(3) BENEFICIATION- The term ‘beneficiation’ means--CommentsClose CommentsPermalink





(A) the crushing and grinding of locatable mineral ore; andCommentsClose CommentsPermalink





(B) any processes that are employed to free the mineral from other constituents, including physical and chemical separation techniques.CommentsClose CommentsPermalink





(4) CASUAL USE-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘casual use’ means mineral activities that ordinarily result in no or negligible disturbance of Federal land or resources.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘casual use’ includes the collection of geochemical, rock, soil, or mineral specimens using hand tools, hand panning, or nonmotorized sluicing.CommentsClose CommentsPermalink





(C) EXCLUSIONS- The term ‘casual use’ does not include--CommentsClose CommentsPermalink





(i) the use of mechanized earth-moving equipment, suction dredging, or explosives;CommentsClose CommentsPermalink





(ii) the use of motor vehicles in areas closed to off-road vehicles;CommentsClose CommentsPermalink





(iii) the construction of roads or drill pads; orCommentsClose CommentsPermalink





(iv) the use of toxic or hazardous materials or explosives.CommentsClose CommentsPermalink





(5) CLAIM HOLDER- The term ‘claim holder’ means a person holding a mining claim, millsite, or tunnel site that is--CommentsClose CommentsPermalink





(A) located under the general mining laws; andCommentsClose CommentsPermalink





(B) maintained in compliance with the general mining laws and this Act.CommentsClose CommentsPermalink





(6) CONTROL- The term ‘control’ means having the ability to determine the manner in which an entity conducts mineral activities.CommentsClose CommentsPermalink





(7) EXPLORATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘exploration’ means creating a surface disturbance (other than casual use) to evaluate the type, extent, quantity, or quality of minerals present.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘exploration’ includes mineral activities associated with sampling, drilling, or developing surface or underground workings to evaluate locatable mineral values.CommentsClose CommentsPermalink





(C) EXCLUSIONS- The term ‘exploration’ does not include the extraction of mineral material for commercial use or sale.CommentsClose CommentsPermalink





(8) FEDERAL LAND- The term ‘Federal land’ means any land and any interest in land that is--CommentsClose CommentsPermalink





(A) owned by the United States; andCommentsClose CommentsPermalink





(B) open to location of mining claims under the general mining laws and this Act.CommentsClose CommentsPermalink





(9) FUND- The term ‘Fund’ means the Hardrock Minerals Reclamation Fund established under section 401(a).CommentsClose CommentsPermalink





(10) HARDROCK MINERAL- The term ‘hardrock mineral’ has the meaning given the term ‘locatable mineral’ except that--CommentsClose CommentsPermalink





(A) legal and beneficial title to the mineral need not be held by the United States; andCommentsClose CommentsPermalink





(B) paragraph (13)(B) does not apply to this paragraph.CommentsClose CommentsPermalink





(11) INDIAN LAND- The term ‘Indian land’ means land that is--CommentsClose CommentsPermalink





(A) held in trust for the benefit of an Indian tribe or member of an Indian tribe; orCommentsClose CommentsPermalink





(B) held by an Indian tribe or member of an Indian tribe, subject to a restriction by the United States against alienation.CommentsClose CommentsPermalink





(12) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(13) LOCATABLE MINERAL-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘locatable mineral’ means any mineral--CommentsClose CommentsPermalink





(i) the legal and beneficial title to which remains in the United States; andCommentsClose CommentsPermalink





(ii) that is not subject to disposition under--CommentsClose CommentsPermalink





(I) the Mineral Leasing Act (30 U.S.C. 181 et seq.);CommentsClose CommentsPermalink





(II) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);CommentsClose CommentsPermalink





(III) the Act of July 31, 1947 (commonly known as the ‘Materials Act of 1947’) (30 U.S.C. 601 et seq.); orCommentsClose CommentsPermalink





(IV) the Act of August 7, 1947 (commonly known as the ‘Mineral Leasing Act for Acquired Lands’) (30 U.S.C. 351 et seq.).CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘locatable mineral’ does not include any mineral that is--CommentsClose CommentsPermalink





(i) subject to a restriction against alienation imposed by the United States; andCommentsClose CommentsPermalink





(ii) held in trust by the United States for, or owned by, any Indian tribe or member of an Indian tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101).CommentsClose CommentsPermalink





(14) MINERAL ACTIVITY- The term ‘mineral activity’ means any activity on a mining claim, millsite, or tunnel site, or Federal land used in conjunction with the activity, for, relating to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral.CommentsClose CommentsPermalink





(15) NATIONAL CONSERVATION SYSTEM UNIT- The term ‘National Conservation System unit’ means--CommentsClose CommentsPermalink





(A) any unit of--CommentsClose CommentsPermalink





(i) the National Park System;CommentsClose CommentsPermalink





(ii) the National Wildlife Refuge System; orCommentsClose CommentsPermalink





(iii) the National Wild and Scenic Rivers System;CommentsClose CommentsPermalink





(B) a National Monument; orCommentsClose CommentsPermalink





(C) a National Conservation Area.CommentsClose CommentsPermalink





(16) OPERATOR- The term ‘operator’ means--CommentsClose CommentsPermalink





(A) any person proposing, or authorized by a permit, to conduct mineral activities under this Act; andCommentsClose CommentsPermalink





(B) any agent of a person described in subparagraph (A).CommentsClose CommentsPermalink





(17) PERSON- The term ‘person’ means--CommentsClose CommentsPermalink





(A) an individual, Indian tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, trust, consortium, or other organization; andCommentsClose CommentsPermalink





(B) any instrumentality of a State or local government, including any publicly owned utility or publicly owned corporation of a State or local government.CommentsClose CommentsPermalink





(18) PROCESSING-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘processing’ means processes downstream of beneficiation used to prepare locatable mineral ore into the final marketable product.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘processing’ includes smelting and electrolytic refining.CommentsClose CommentsPermalink





(19) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(20) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink





(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; andCommentsClose CommentsPermalink





(B) the Secretary of the Interior (acting through the Director of the Bureau of Land Management), with respect to land managed by the Bureau of Land Management or other Federal land.CommentsClose CommentsPermalink





(21) TEMPORARY CESSATION- The term ‘temporary cessation’ means a halt in mine related production activities for a continuous period of not longer than 5 years.CommentsClose CommentsPermalink

TITLE I--LOCATABLE MINERAL DEPOSITSCommentsClose CommentsPermalink

SEC. 101. LIMITATION ON PATENTS.

(a) Determinations Required- No patent shall be issued by the United States for any mining claim, millsite, or tunnel site located under the general mining laws unless the Secretary determines that--CommentsClose CommentsPermalink





(1) a patent application was filed with the Secretary with respect to the claim not later than September 30, 1994; andCommentsClose CommentsPermalink





(2) all requirements applicable to the patent application under law were fully complied with by the date described in paragraph (1).CommentsClose CommentsPermalink





(b) Right to Patent-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2) and notwithstanding subsection (c), if the Secretary makes the determinations under paragraphs (1) and (2) of subsection (a) with respect to a mining claim, millsite, or tunnel site, the claim holder shall be entitled to the issuance of a patent in the same manner and degree to which the claim holder would have been entitled to a patent before the date of enactment of this Act.CommentsClose CommentsPermalink





(2) WITHDRAWAL- The claim holder shall not be entitled to the issuance of a patent if the determinations under paragraphs (1) and (2) of subsection (a) are withdrawn or invalidated by the Secretary or, on review, by a court of the United States.CommentsClose CommentsPermalink





(c) Repeal- Section 2325 of the Revised Statutes (30 U.S.C. 29) is repealed.CommentsClose CommentsPermalink

SEC. 102. FEES.

(a) Claim Maintenance Fees-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than August 31, 2009, and each August 31 thereafter, the holder of each unpatented mining claim, millsite, or tunnel site shall pay to the Secretary a maintenance fee of $150 for each claim, millsite, or tunnel site.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The maintenance fees required under paragraph (1) shall be in lieu of--CommentsClose CommentsPermalink





(A) the assessment work requirements under the general mining laws; andCommentsClose CommentsPermalink





(B) the related filing requirements under subsections (a) and (c) of section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744).CommentsClose CommentsPermalink





(3) TIMING OF INITIAL PAYMENT- Notwithstanding paragraph (1), the maintenance fee payable for the initial assessment year in which the location is made shall be paid at the time the location notice is recorded with the Bureau of Land Management.CommentsClose CommentsPermalink





(4) CLAIM RELOCATION-CommentsClose CommentsPermalink





(A) DEFINITION OF RELATED PARTY- In this paragraph and paragraph (5), the term ‘related party’ means--CommentsClose CommentsPermalink





(i) the spouse and qualifying child (as defined in section 152 of the Internal Revenue Code of 1986) of the claim holder; andCommentsClose CommentsPermalink





(ii) a person affiliated with the claim holder, including--CommentsClose CommentsPermalink





(I) a person controlled by, controlling, or under common control with, the claim holder; orCommentsClose CommentsPermalink





(II) a subsidiary, parent company, partner, director, or officer of the claim holder.CommentsClose CommentsPermalink





(B) LIMITS ON RELOCATION-CommentsClose CommentsPermalink





(i) IN GENERAL- No claim, millsite, or tunnel site, or portion of a claim or site, may be relocated by a person or related party if the person or related party held the claim or site and subsequently relinquished the claim or site or allowed the claim or site to become null and void.CommentsClose CommentsPermalink





(ii) DURATION- The prohibition on relocation shall extend for a period of 10 years beginning on the date the claim or site was relinquished or became null and void.CommentsClose CommentsPermalink





(5) WAIVER- The maintenance fee required under paragraph (1) shall be waived for a claim holder who certifies in writing to the Secretary that on the date the maintenance fee was due, the claim holder and all related parties--CommentsClose CommentsPermalink





(A) held not more than 10 mining claims, millsites, tunnel sites, or any combination of claims and sites on Federal land; andCommentsClose CommentsPermalink





(B) can demonstrate that the claim holder and all related parties have performed assessment work required under section 2324 of the Revised Statutes (30 U.S.C. 28) to maintain the mining claims and sites held by the claim holder and all related parties for the assessment year ending on noon of September 1 of the calendar year in which payment of the maintenance fee was due.CommentsClose CommentsPermalink





(6) ADJUSTMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall adjust the amount of maintenance fees required under paragraph (1) to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor.CommentsClose CommentsPermalink





(B) MORE FREQUENT ADJUSTMENTS- Notwithstanding subparagraph (A), the Secretary may adjust the amount of the maintenance fees more frequently to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor if the Secretary determines an adjustment to be reasonable.CommentsClose CommentsPermalink





(C) NOTICE- Not later than July 1 of any year in which an adjustment is made under this paragraph, the Secretary shall provide claim holders notice of the adjustment.CommentsClose CommentsPermalink





(D) APPLICATION- An adjustment under this paragraph shall apply beginning in the first calendar year after the calendar year in which the adjustment is made.CommentsClose CommentsPermalink





(7) APPLICABLE LAW- The co-ownership provisions of section 2324 of the Revised Statutes (30 U.S.C. 28) shall remain in effect, except that the annual maintenance fee, as applicable, shall replace applicable assessment requirements and expenditures.CommentsClose CommentsPermalink





(8) USE AND OCCUPANCY OF CLAIMS- Timely performance of required assessment work or payment of the maintenance fee under this subsection satisfies any obligation the claim holder has under the pedis possessio doctrine for any claim properly located in accordance with the general mining laws and applicable State law.CommentsClose CommentsPermalink





(b) Location Fees-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2) and notwithstanding any other provision of law, for each unpatented mining claim, millsite, or tunnel site located after the date of enactment of this Act, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary a location fee of $50 for each claim for each location notice recorded with the Bureau of Land Management.CommentsClose CommentsPermalink





(2) ADJUSTMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall adjust the amount of location fees required under paragraph (1) to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor.CommentsClose CommentsPermalink





(B) MORE FREQUENT ADJUSTMENTS- Notwithstanding subparagraph (A), the Secretary may adjust the amount of the location fees more frequently to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor if the Secretary determines an adjustment to be reasonable.CommentsClose CommentsPermalink





(C) NOTICE- Not later than July 1 of any year in which an adjustment is made under this paragraph, the Secretary shall provide claim holders notice of the adjustment.CommentsClose CommentsPermalink





(D) APPLICATION- An adjustment under this paragraph shall apply beginning in the first calendar year after the calendar year in which the adjustment is made.CommentsClose CommentsPermalink





(3) EFFECT ON MAINTENANCE FEE- The location fee required under paragraph (1) shall be in addition to the maintenance fee required under subsection (a).CommentsClose CommentsPermalink





(c) Disposition of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- Any amounts received under this section shall be used to pay the costs of administering program operations under sections 2318 through 2352 of the Revised Statutes (commonly known as the ‘Mining Law of 1872’) (30 U.S.C. 21 et seq.) and this Act, without further appropriation.CommentsClose CommentsPermalink





(2) EXCESS AMOUNTS- Any amounts in excess of the costs described in paragraph (1) for any fiscal year shall be deposited in the Fund.CommentsClose CommentsPermalink





(d) Effect of Section- Nothing in this section changes or modifies--CommentsClose CommentsPermalink





(1) section 314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)); orCommentsClose CommentsPermalink





(2) the provisions of subsection (c) of section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744) relating to filings required by subsection (b) of that section.CommentsClose CommentsPermalink





(e) Amendment to Revised Statutes- Section 2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting ‘or section 102(a)(5) of the Hardrock Mining and Reclamation Act of 2009’ after ‘Omnibus Budget Reconciliation Act of 1993’.CommentsClose CommentsPermalink

SEC. 103. LIMITATIONS.

(a) Failure To Comply-CommentsClose CommentsPermalink





(1) IN GENERAL- The failure of the claim holder to perform assessment work or to pay a maintenance fee if required under section 102(a), to pay a location fee under section 102(b), or to file a timely notice of location shall--CommentsClose CommentsPermalink





(A) conclusively constitute a forfeiture of the mining claim, millsite, or tunnel site; andCommentsClose CommentsPermalink





(B) make the claim or site null and void by operation of law.CommentsClose CommentsPermalink





(2) EFFECT- Forfeiture under paragraph (1) shall not relieve any person of any obligation under this Act and applicable regulations, including reclamation, and other applicable law.CommentsClose CommentsPermalink





(b) Relinquishment-CommentsClose CommentsPermalink





(1) IN GENERAL- A claim holder deciding not to pursue mineral activities on a mining claim, millsite, or tunnel site, may relinquish the claim or site by notifying the Secretary of the intent to relinquish the claim or site.CommentsClose CommentsPermalink





(2) EFFECT- A claim holder relinquishing a claim, millsite, or tunnel site under paragraph (1) shall be responsible for any obligation under this Act and applicable regulations, including reclamation, and other applicable law.CommentsClose CommentsPermalink





(c) Use of Mining Claim-CommentsClose CommentsPermalink





(1) IN GENERAL- The continued use, occupancy, and retention of any mining claim, millsite, or tunnel site subject to this Act shall be exclusively for mineral activities as authorized under this Act.CommentsClose CommentsPermalink





(2) FAILURE TO USE FOR MINERAL ACTIVITIES- If the claim holder cannot demonstrate to the Secretary that the mining claim, millsite, or tunnel site has been used exclusively for mineral activities, the Secretary shall declare the claim, millsite, or tunnel site null and void.CommentsClose CommentsPermalink

TITLE II--ROYALTIESCommentsClose CommentsPermalink

SEC. 201. ROYALTY.

(a) In General- Subject to subsection (c) and section 202, production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act shall be subject to a royalty established by the Secretary by regulation of not less than 2 percent, and not more than 5 percent, of the value of the production, not including reasonable transportation, beneficiation, and processing costs.CommentsClose CommentsPermalink





(b) Royalty Rate- The regulation shall establish a reasonable royalty rate for each locatable mineral subject to a royalty under this section that may vary based on the locatable mineral concerned.CommentsClose CommentsPermalink





(c) No Royalty for Federal Land Subject to Existing Permit- No royalty under subsection (a) shall be required on production from Federal land that--CommentsClose CommentsPermalink





(1) is subject to an approved plan of operations or an operations permit on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(2) produces valuable locatable minerals in commercial quantities on the date of enactment of this Act.CommentsClose CommentsPermalink





(d) Federal Land Not Subject to Existing Operations Permit- Production from any Federal land not specifically approved for mineral extraction under a plan of operations or an operations permit in existence on the date of enactment of this Act shall be subject to the royalty that applies to production from Federal land under subsection (a).CommentsClose CommentsPermalink





(e) Deposit- Amounts received by the United States as royalties under this section shall be deposited in the Fund.CommentsClose CommentsPermalink

SEC. 202. ROYALTY RELIEF.

(a) In General- Subject to subsection (b), in order to promote the greatest ultimate recovery pursuant to a mining permit or a plan of operations under which production in commercial quantities has occurred and in the interest of conservation of natural resources, the Secretary may reduce any royalty otherwise required for all or part of a mining operation, on a showing by clear and convincing evidence by the person conducting mineral activities under the operations or mining permit or plan of operations that, without the reduction in royalty, production would not occur.CommentsClose CommentsPermalink





(b) Effective Date- Any reduction in a royalty provided for by this section shall not be effective until 60 days after the date on which the Secretary--CommentsClose CommentsPermalink





(1) publishes public notice of the royalty reduction; andCommentsClose CommentsPermalink





(2) submits to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives notice and a statement of the reasons for granting the royalty reduction.CommentsClose CommentsPermalink

SEC. 203. ENFORCEMENT.

(a) Duties of the Secretary-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system--CommentsClose CommentsPermalink





(A) to accurately determine royalties, interest, fines, penalties, fees, deposits, and other payments owed under this title and section 403; andCommentsClose CommentsPermalink





(B) to collect and account for such payments in a timely manner.CommentsClose CommentsPermalink





(2) INSPECTIONS- The Secretary shall establish procedures to ensure that authorized and properly identified representatives of the Secretary will inspect at least once annually each mining claim that--CommentsClose CommentsPermalink





(A) is producing or expected to produce a significant quantity of locatable minerals in any year; orCommentsClose CommentsPermalink





(B) has a history of noncompliance with this Act.CommentsClose CommentsPermalink





(b) Duties of Claim Holders, Operators, and Transporters-CommentsClose CommentsPermalink





(1) PAYMENT OF ROYALTIES-CommentsClose CommentsPermalink





(A) IN GENERAL- A person who is required to make any royalty or other payment under this title or section 403 shall make payment to the United States at such times and in such manner as the Secretary may by rule prescribe.CommentsClose CommentsPermalink





(B) LIABILITY FOR PAYMENTS-CommentsClose CommentsPermalink





(i) DESIGNEES- Any person who pays, offsets, or credits funds, makes adjustments, requests and receives refunds, or submits reports with respect to payments another person is required to make shall be considered the designee of the other person under this title or section 403.CommentsClose CommentsPermalink





(ii) LIABILITY- A designee shall be liable for any payment obligation under this title or section 403 of any person on whose behalf the designee undertakes the activities described in clause (i).CommentsClose CommentsPermalink





(iii) PRO RATA SHARE- The person owning an interest in a claim, millsite, or tunnel site, or production from the claim or site, shall be liable for the pro rata share of the person of payment obligations under this title or section 403.CommentsClose CommentsPermalink





(2) SITE SECURITY-CommentsClose CommentsPermalink





(A) IN GENERAL- A person conducting mineral activities shall develop and comply with the site security provisions in the mining permit designed to protect from theft the locatable minerals that are produced or stored on a mining claim.CommentsClose CommentsPermalink





(B) MINIMUM STANDARDS- The provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on mining claims.CommentsClose CommentsPermalink





(C) NOTIFICATION OF COMMENCEMENT OR RESUMPTION OF PRODUCTION- Not later than the fifth business day after production begins in any place on a mining claim or production resumes after more than 90 days after production ceased or was suspended, the person conducting mineral activities shall notify the Secretary, in the manner prescribed by the Secretary, of the date on which the production has begun or resumed.CommentsClose CommentsPermalink





(c) Recordkeeping and Reporting Requirements-CommentsClose CommentsPermalink





(1) IN GENERAL- A claim holder, operator, or other person directly or indirectly involved in developing, producing, processing, transporting, purchasing, or selling locatable or hardrock minerals, subject to this Act, through the point of first sale, the point of royalty or fee computation, or the point of smelting or other processing, whichever is later, 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 title or section 403 or determining compliance with rules or orders under this title or section 403.CommentsClose CommentsPermalink





(2) ACCESS- On the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by the officer or employee.CommentsClose CommentsPermalink





(3) DURATION OF RECORDKEEPING REQUIREMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Records required by the Secretary under this section shall be maintained for 7 years after the records are generated or amended unless the Secretary notifies the claim holder, operator, other person referred to in paragraph (1), or record holder that the Secretary has initiated an audit or investigation involving the records and that the records must be maintained for a longer period.CommentsClose CommentsPermalink





(B) ONGOING AUDIT OR INVESTIGATION- In any case in which an audit or investigation is underway, records shall be maintained until the Secretary releases the claim holder, operator, other person referred to in paragraph (1), or record holder subject to the recordkeeping and requirements of this Act of the obligation to maintain the records.CommentsClose CommentsPermalink





(d) Audits- The Secretary may conduct such audits of all claim holders, operators, producers, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of locatable or hardrock minerals covered by this Act, as the Secretary considers necessary for the purposes of ensuring compliance with the requirements of this title or section 403.CommentsClose CommentsPermalink





(e) Cooperative Agreements-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may enter into cooperative agreements with the Secretary of Agriculture--CommentsClose CommentsPermalink





(A) to share information concerning the royalty management of locatable minerals;CommentsClose CommentsPermalink





(B) to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary; andCommentsClose CommentsPermalink





(C) to carry out any other activity described in this section.CommentsClose CommentsPermalink





(2) ACCESS- Subject to paragraph (3) and pursuant to a cooperative agreement, the Secretary of Agriculture shall, on request, have access to all royalty or fee accounting information in the possession of the Secretary relating to the production, removal, or sale of locatable minerals from claims on Federal land.CommentsClose CommentsPermalink





(3) CONFIDENTIAL INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Trade secrets, proprietary information, and other confidential information protected from disclosure under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’), shall be made available by the Secretary to other Federal agencies as necessary to ensure compliance with this Act and other Federal laws.CommentsClose CommentsPermalink





(B) PROTECTION BY OTHER FEDERAL OFFICIALS- The Secretary, the Secretary of Agriculture, and other Federal officials shall ensure that information described in subparagraph (A) is provided protection in accordance with section 552 of title 5, United States Code.CommentsClose CommentsPermalink





(f) Interest-CommentsClose CommentsPermalink





(1) DEFINITION OF UNDERPAYMENT- In this subsection, the term ‘underpayment’ means the difference between the royalty on the value of the production or the fee under section 403 that should have been received by the Secretary and the royalty on the value of the production or the fee under section 403 that was received by the Secretary, if the royalty or fee that should have been received is greater than the royalty or fee that was received.CommentsClose CommentsPermalink





(2) NONPAYMENT AND UNDERPAYMENT-CommentsClose CommentsPermalink





(A) NONPAYMENT- In the case of mining claims or operations with respect to which royalty payments or the fee under section 403 are not received by the Secretary by the date that the payments are due, the Secretary shall charge interest on the nonpayment at the rate specified under subparagraph (C).CommentsClose CommentsPermalink





(B) UNDERPAYMENT- 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, at the rate specified under subparagraph (C).CommentsClose CommentsPermalink





(C) INTEREST RATE- In the case of nonpayment or underpayment, interest shall be charged at the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(g) Expanded Royalty Obligations- Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this Act if the loss or waste is due to negligence on the part of any such person or due to the failure to comply with any rule, regulation, or order issued under this section.CommentsClose CommentsPermalink





(h) Hearings and Investigations- In carrying out this title and section 403, the Secretary may--CommentsClose CommentsPermalink





(1) conduct any investigation or other inquiry necessary and appropriate;CommentsClose CommentsPermalink





(2) conduct, after notice, any necessary and appropriate hearing or audit under rules prescribed by the Secretary; andCommentsClose CommentsPermalink





(3) administer oaths and issue subpoenas in conducting such proceedings.CommentsClose CommentsPermalink





(i) Civil Penalties-CommentsClose CommentsPermalink





(1) FAILURE TO COMPLY WITH APPLICABLE LAW, RULES OR REGULATIONS, OR TO PERMIT INSPECTION-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), a person shall be liable for a penalty of up to $500 per violation for each day the violation continues, dating from the date of the notice or report, if the person--CommentsClose CommentsPermalink





(i) after due notice of violation or after the violation has been reported under subparagraph (B)(i), fails or refuses to comply with any requirement of this title or section 403 or any rule or regulation under this title or section 403; orCommentsClose CommentsPermalink





(ii) fails or refuses to permit inspection authorized under this title.CommentsClose CommentsPermalink





(B) EXCEPTIONS- A penalty under this paragraph may not be applied to any person who is otherwise liable for a violation of subparagraph (A) if--CommentsClose CommentsPermalink





(i) the violation was discovered and reported to the Secretary or the authorized representative of the Secretary by the liable person and corrected within 20 days after the report (or such longer period to which the Secretary may agree); orCommentsClose CommentsPermalink





(ii) after the due notice of violation required under subparagraph (A)(i) has been given to the person by the Secretary or the authorized representative of the Secretary, the person has corrected the violation within 20 days of the notification (or such longer period to which the Secretary may agree).CommentsClose CommentsPermalink





(2) FAILURE TO TAKE CORRECTIVE ACTION- If corrective action is not taken within 40 days (or a longer period to which the Secretary may agree), after due notice or submission of a report referred to in paragraph (1)(A)(i), the person shall be liable for a civil penalty of not more than $5,000 per violation for each day the violation continues, dating from the date of the notice or report.CommentsClose CommentsPermalink





(3) FAILURE TO MAKE PAYMENT OR TO PERMIT LAWFUL ENTRY, INSPECTION, OR AUDIT- A person shall be liable for a penalty of up to $10,000 per violation for each day the violation continues if the person--CommentsClose CommentsPermalink





(A) knowingly or willfully fails to make any payment of any royalty under this title or fee under section 403 by the date as specified by law (including regulation or order);CommentsClose CommentsPermalink





(B) fails or refuses to permit lawful entry, inspection, or audit; orCommentsClose CommentsPermalink





(C) knowingly or willfully fails to comply with subsection (b)(2)(C).CommentsClose CommentsPermalink





(4) FALSE INFORMATION; UNAUTHORIZED REMOVAL OF LOCATABLE MINERAL- A person shall be liable for a penalty of up to $25,000 per violation for each day the violation continues in any case in which the person, in violation of this title or section 403--CommentsClose CommentsPermalink





(A) knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information;CommentsClose CommentsPermalink





(B) knowingly or willfully takes or removes, transports, uses or diverts any locatable mineral from any land covered by a mining claim without having valid legal authority to do so; orCommentsClose CommentsPermalink





(C) purchases, accepts, sells, transports, or conveys to another, any locatable mineral knowing or having reason to know that the locatable mineral was stolen or unlawfully removed or diverted.CommentsClose CommentsPermalink





(5) HEARING- No penalty under this subsection shall be assessed until the person charged with a violation has been given the opportunity for a hearing on the record.CommentsClose CommentsPermalink





(6) DEDUCTION OF PENALTY FROM SUMS OWED BY UNITED STATES- The amount of any penalty under this subsection, as finally determined, may be deducted from any sums owed by the United States to the person charged.CommentsClose CommentsPermalink





(7) COMPROMISE OR REDUCTION OF PENALTIES- On a case-by-case basis, the Secretary may compromise or reduce civil penalties under this subsection.CommentsClose CommentsPermalink





(8) NOTICE-CommentsClose CommentsPermalink





(A) IN GENERAL- Notice under this subsection shall be by personal service by an authorized representative of the Secretary or by registered mail.CommentsClose CommentsPermalink





(B) DESIGNEE FOR RECEIPT OF NOTICE- Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection.CommentsClose CommentsPermalink





(9) REASONS ON RECORD FOR AMOUNT OF PENALTY- In determining the amount of the penalty under this subsection, whether the penalty should be remitted or reduced, and by what amount, the Secretary shall state on the record the reasons for the determinations of the Secretary.CommentsClose CommentsPermalink





(10) REVIEW-CommentsClose CommentsPermalink





(A) IN GENERAL- Any person who has requested a hearing in accordance with paragraph (5) within the time the Secretary has prescribed for such a hearing and who is aggrieved by a final order of the Secretary under this subsection may seek review of the order in the United States district court for the judicial district in which the violation allegedly took place.CommentsClose CommentsPermalink





(B) BASIS FOR REVIEW- Review by the district court shall be only on the administrative record and not de novo.CommentsClose CommentsPermalink





(C) DEADLINE- An action under this paragraph shall be barred unless the action is filed not later than the date that is 90 days after the date of issuance of the final order of the Secretary.CommentsClose CommentsPermalink





(11) FAILURE TO PAY PENALTY-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraphs (B) and (C), if any person fails to pay an assessment of a civil penalty under this Act, the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in paragraph (10)(C).CommentsClose CommentsPermalink





(B) APPLICATION- Subparagraph (A) applies--CommentsClose CommentsPermalink





(i) after the order making the assessment has become a final order and if the person does not file a petition for judicial review of the order in accordance with paragraph (10); orCommentsClose CommentsPermalink





(ii) after a court in an action brought under paragraph (10) has entered a final judgment in favor of the Secretary.CommentsClose CommentsPermalink





(C) ORDER TO PAY- Judgment by the court shall include an order to pay.CommentsClose CommentsPermalink





(j) Criminal Penalties- Any person who commits an act for which a civil penalty is provided under subsection (i)(4) shall, on conviction, be punished by a fine of not more than $50,000 or by imprisonment for not more than 2 years, or both.CommentsClose CommentsPermalink





(k) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in section 201(b) with respect to the payment of royalties, the royalty required under section 201 or fee required under section 403 shall take effect with respect to the production of minerals on or after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) INITIAL PRODUCTION- Any royalty payments or fee payments under section 403 attributable to production during the 1-year period beginning on the date of enactment of this Act shall be payable at the expiration of the 1-year period, together with interest at the rate required under subsection (f)(2)(C).CommentsClose CommentsPermalink





(l) Injunction and Specific Enforcement Authority-CommentsClose CommentsPermalink





(1) CIVIL ACTION BY ATTORNEY GENERAL- In addition to any other remedy under law, the Attorney General or the designee of the Attorney General may bring a civil action in a district court of the United States, which shall have jurisdiction over such actions--CommentsClose CommentsPermalink





(A) to restrain any violation of this title or section 403; orCommentsClose CommentsPermalink





(B) to compel the taking of any action required by or under this title or section 403.CommentsClose CommentsPermalink





(2) VENUE- A civil action described in paragraph (1) may be brought only in the United States district court for the judicial district in which the act, omission, or transaction constituting a violation under this title or section 403 occurred, or in which the defendant is found or transacts business.CommentsClose CommentsPermalink

SEC. 204. REVIEW.

(a) In General- Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall complete a review and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report addressing collections and impacts of the royalty and fees provided for by this Act.CommentsClose CommentsPermalink





(b) Topics- The report shall address--CommentsClose CommentsPermalink





(1) the total revenues received (by category) on an annual basis as--CommentsClose CommentsPermalink





(A) claim maintenance fees;CommentsClose CommentsPermalink





(B) location fees;CommentsClose CommentsPermalink





(C) land use fees;CommentsClose CommentsPermalink





(D) royalties and related payments; andCommentsClose CommentsPermalink





(E) abandoned mine land fees;CommentsClose CommentsPermalink





(2) the disposition of the fees and royalties, including--CommentsClose CommentsPermalink





(A) the amount used for mining law program administration; andCommentsClose CommentsPermalink





(B) the amount used for abandoned mine land reclamation, including allocation by State and Indian tribe;CommentsClose CommentsPermalink





(3) the effectiveness of the program under this Act in addressing abandoned mine land problems on Federal and non-Federal land;CommentsClose CommentsPermalink





(4) any impact on domestic locatable mineral exploration and production as a result of the fees and royalties; andCommentsClose CommentsPermalink





(5) any recommendations with respect to changes in Federal law (including regulations) relating to the amount or method of collection (including auditing, compliance, and enforcement) of the fees and royalties.CommentsClose CommentsPermalink

TITLE III--MINERAL ACTIVITIESCommentsClose CommentsPermalink

SEC. 301. PERMITS.

(a) In General- Except as provided in section 501(a)(2), no person may engage in mineral activities on Federal land that may cause a disturbance of surface resources, including land, air, water, and fish and wildlife, unless a permit authorizing the activities was issued to the person under this title.CommentsClose CommentsPermalink





(b) Exceptions- Notwithstanding subsection (a), a permit under this title shall not be required for mineral activities that are a casual use of the Federal land.CommentsClose CommentsPermalink





(c) No Modification- Nothing in this section enlarges, diminishes, establishes, repeals, or otherwise modifies any requirement of law that a mining claim, millsite, or tunnel site be valid in order for mineral activities to be undertaken.CommentsClose CommentsPermalink





(d) Coordination With NEPA Process- To the maximum extent practicable, the Secretary concerned shall conduct the permit processes under this Act in coordination with the timing and other requirements of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).CommentsClose CommentsPermalink

SEC. 302. EXPLORATION PERMITS.

(a) In General- Except as provided in section 501(a)(2), an exploration permit shall be required prior to conducting any exploration activities on Federal land that involve more than the casual use of the Federal land.CommentsClose CommentsPermalink





(b) Limitations- An exploration permit under subsection (a) shall not authorize the person to--CommentsClose CommentsPermalink





(1) remove any mineral for sale; orCommentsClose CommentsPermalink





(2) conduct any activity other than an activity required for--CommentsClose CommentsPermalink





(A) exploration for locatable minerals; orCommentsClose CommentsPermalink





(B) reclamation.CommentsClose CommentsPermalink





(c) Requirements- To be eligible for an exploration permit, a person shall submit to the Secretary concerned, in a manner prescribed by the Secretary concerned, an application for an exploration permit that contains--CommentsClose CommentsPermalink





(1) an exploration plan demonstrating that--CommentsClose CommentsPermalink





(A) the applicant will operate in accordance with this Act and applicable regulations;CommentsClose CommentsPermalink





(B) the formation of acid mine drainage will be avoided to the maximum extent practicable; andCommentsClose CommentsPermalink





(C) mineral activities will be conducted in a manner that uses best management practices;CommentsClose CommentsPermalink





(2) a description of potential impacts to groundwater and surface water, including appropriate hydrological assessments and analyses, as reasonably required by the Secretary;CommentsClose CommentsPermalink





(3) a reclamation plan for the proposed exploration activity demonstrating that the applicant will conduct reclamation activities in accordance with section 306;CommentsClose CommentsPermalink





(4) evidence of adequate financial assurance in accordance with section 304;CommentsClose CommentsPermalink





(5) the necessary documentation to demonstrate that the proposed exploration activity will comply with applicable Federal and State environmental laws (including regulations);CommentsClose CommentsPermalink





(6) a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this Act; andCommentsClose CommentsPermalink





(7) any other relevant information determined by the Secretary to be necessary to satisfy the requirements of this Act and other applicable law.CommentsClose CommentsPermalink





(d) Permit Issuance-CommentsClose CommentsPermalink





(1) APPROVAL-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the Secretary concerned shall approve an application and issue an exploration permit if the Secretary concerned determines that the application is in compliance with--CommentsClose CommentsPermalink





(i) this Act;CommentsClose CommentsPermalink





(ii) any regulations promulgated under this Act; andCommentsClose CommentsPermalink





(iii) any other applicable laws.CommentsClose CommentsPermalink





(B) CONDITIONS- The Secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this Act and applicable regulations.CommentsClose CommentsPermalink





(2) DENIAL- The Secretary concerned shall deny the issuance of an exploration permit if the Secretary concerned determines that the permit does not meet the requirements of--CommentsClose CommentsPermalink





(A) this Act;CommentsClose CommentsPermalink





(B) any regulations promulgated under this Act; orCommentsClose CommentsPermalink





(C) other applicable laws.CommentsClose CommentsPermalink





(3) NOTICE- Before approving or denying an exploration permit under this subsection, the Secretary concerned--CommentsClose CommentsPermalink





(A) shall provide public notice and an opportunity for written comment; andCommentsClose CommentsPermalink





(B) may hold a public hearing.CommentsClose CommentsPermalink





(e) Modifications to Permit-CommentsClose CommentsPermalink





(1) IN GENERAL- The permit holder may submit to the Secretary concerned an application to modify an exploration permit.CommentsClose CommentsPermalink





(2) APPROVAL-CommentsClose CommentsPermalink





(A) IN GENERAL- In determining whether to approve or disapprove a proposed modification to an exploration permit, the Secretary concerned shall make the same determinations as are required in the case of the original permit.CommentsClose CommentsPermalink





(B) EXCEPTIONS- Subparagraph (A) shall not apply to minor modifications to an exploration permit or instances in which the nature of the modifications make compliance with the requirements unnecessary, as determined by the Secretary concerned.CommentsClose CommentsPermalink





(3) MODIFICATIONS FROM SECRETARY CONCERNED-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary concerned may require reasonable modification to any permit on a determination that the requirements of this Act or other applicable law cannot be met if the permit is followed as approved.CommentsClose CommentsPermalink





(B) REQUIREMENTS FOR DETERMINATION- A determination under subparagraph (A) shall be--CommentsClose CommentsPermalink





(i) based on a written finding; andCommentsClose CommentsPermalink





(ii) subject to notice and hearing requirements established by the Secretary concerned.CommentsClose CommentsPermalink

SEC. 303. MINING PERMITS.

(a) In General- Except as provided in section 501(a)(2), a mining permit shall be required prior to conducting mineral activities on Federal land, other than casual use or exploration on the Federal land.CommentsClose CommentsPermalink





(b) Requirements- To be eligible for a mining permit, a person shall submit to the Secretary concerned, in a manner prescribed by the Secretary concerned, an application for a mining permit that contains--CommentsClose CommentsPermalink





(1) a description of the condition of the land and water resources of the area before mining activities are initiated;CommentsClose CommentsPermalink





(2) an operations plan demonstrating that--CommentsClose CommentsPermalink





(A) the applicant will operate in accordance with this Act and applicable regulations;CommentsClose CommentsPermalink





(B) the formation of acid mine drainage will be avoided to the maximum extent practicable; andCommentsClose CommentsPermalink





(C) mineral activities will be conducted in a manner that uses best management practices;CommentsClose CommentsPermalink





(3) a description of potential impacts to groundwater and surface water, including appropriate hydrological assessments and analyses, as reasonably required by the Secretary;CommentsClose CommentsPermalink





(4) a reclamation plan for the proposed mineral activities demonstrating that the applicant will conduct reclamation activities in accordance with section 306;CommentsClose CommentsPermalink





(5) evidence of adequate financial assurance under section 304, including, if required, a trust fund as required under section 304(i);CommentsClose CommentsPermalink





(6) the necessary documentation to demonstrate that the proposed mineral activities will comply with applicable Federal and State environmental laws (including regulations);CommentsClose CommentsPermalink





(7) a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this Act; andCommentsClose CommentsPermalink





(8) any other relevant information determined by the Secretary concerned to be necessary to satisfy the requirements of this Act and other applicable law.CommentsClose CommentsPermalink





(c) Permit Issuance-CommentsClose CommentsPermalink





(1) APPROVAL-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the Secretary concerned shall approve a permit application and issue a mining permit if the Secretary concerned determines that the application is in compliance with--CommentsClose CommentsPermalink





(i) this Act;CommentsClose CommentsPermalink





(ii) any regulations promulgated under this Act; andCommentsClose CommentsPermalink





(iii) other applicable laws.CommentsClose CommentsPermalink





(B) CONDITIONS- The Secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this Act and applicable regulations.CommentsClose CommentsPermalink





(2) DENIAL- The Secretary concerned shall deny the issuance of a mining permit if the Secretary concerned determines that the permit does not meet the requirements of--CommentsClose CommentsPermalink





(A) this Act;CommentsClose CommentsPermalink





(B) any regulations promulgated under this Act; orCommentsClose CommentsPermalink





(C) other applicable laws.CommentsClose CommentsPermalink





(3) NOTICE- Before approving or denying a mining permit under this subsection, the Secretary concerned--CommentsClose CommentsPermalink





(A) shall provide public notice and an opportunity for written comment; andCommentsClose CommentsPermalink





(B) may hold a public hearing.CommentsClose CommentsPermalink





(d) Term of Permit; Continuation-CommentsClose CommentsPermalink





(1) IN GENERAL- An operations permit shall--CommentsClose CommentsPermalink





(A) be for a term of 30 years; andCommentsClose CommentsPermalink





(B) continue for so long thereafter as locatable minerals are produced in commercial quantities from the permit area in compliance with the requirements of this Act and other applicable law.CommentsClose CommentsPermalink





(2) CONTINUATION- No permit shall expire because operations or production have ceased pursuant to an approved temporary cessation or been suspended pursuant to any order of, or with the consent of, the Secretary concerned.CommentsClose CommentsPermalink





(e) Modifications to Permit-CommentsClose CommentsPermalink





(1) REQUEST FROM PERMIT HOLDER-CommentsClose CommentsPermalink





(A) IN GENERAL- A mining permit holder may submit to the Secretary concerned an application to modify the mining permit.CommentsClose CommentsPermalink





(B) APPROVAL-CommentsClose CommentsPermalink





(i) IN GENERAL- In determining whether to approve or disapprove a proposed modification to a mining permit, the Secretary concerned shall make the same determinations as are required in the case of an original mining permit.CommentsClose CommentsPermalink





(ii) EXCEPTIONS- Clause (i) shall not apply to minor modifications to a mining permit or instances in which the nature of the modifications make compliance with the requirements unnecessary, as determined by the Secretary concerned.CommentsClose CommentsPermalink





(2) MODIFICATIONS FROM SECRETARY CONCERNED-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary concerned may require reasonable modification to any permit on a determination that the requirements of this Act or other applicable law cannot be met if the permit is followed as approved.CommentsClose CommentsPermalink





(B) REQUIREMENTS FOR DETERMINATION- A determination under subparagraph (A) shall be--CommentsClose CommentsPermalink





(i) based on a written finding; andCommentsClose CommentsPermalink





(ii) subject to notice and hearing requirements established by the Secretary concerned.CommentsClose CommentsPermalink





(f) Land Use Fees-CommentsClose CommentsPermalink





(1) IN GENERAL- In the case of Federal land included in a mining permit approved under this section after the date of enactment of this Act, or Federal land added pursuant to a modification to a permit or plan of operations if the modification is approved after the date of enactment of this Act, not later than August 31 of each year, the operator shall pay a land use fee in an amount established by the Secretary by regulation that is equal to 4 times the claim maintenance fee imposed section 102(a)(1) for each 20 acres of Federal land that is included within the mine permit area.CommentsClose CommentsPermalink





(2) ADDITIONAL FEE- The land use fee imposed under this subsection shall be in addition to the claim maintenance fees imposed under section 102(a).CommentsClose CommentsPermalink





(3) AUTHORIZED ACTIVITIES- Upon approval by the Secretary concerned of a mining permit and upon payment of the land use fee as required by this subsection, the operator may use and occupy all Federal land within the mine permit area for such uses as are approved in the mining permit if the uses are undertaken in accordance with all applicable law.CommentsClose CommentsPermalink





(4) ADJUSTMENT- Land use fees imposed under this subsection shall be adjusted as necessary to correspond to any adjustment in the claim maintenance fees imposed under section 102(a).CommentsClose CommentsPermalink





(5) DISPOSITION OF FUNDS- Any amounts received under this subsection shall be deposited in the Fund.CommentsClose CommentsPermalink





(g) Temporary Cessation of Operations-CommentsClose CommentsPermalink





(1) IN GENERAL- An operator conducting mineral activities under this title may not temporarily cease mineral activities for a period of greater than 180 days unless--CommentsClose CommentsPermalink





(A) the Secretary concerned has approved the temporary cessation; orCommentsClose CommentsPermalink





(B) the temporary cessation is permitted under the exploration or mining permit.CommentsClose CommentsPermalink





(2) MULTIPLE TEMPORARY CESSATIONS- The Secretary concerned may approve more than 1 temporary cessation for mineral activities under a permit.CommentsClose CommentsPermalink





(3) INTERIM MANAGEMENT PLAN- Any operator temporarily ceasing mineral activities shall follow an interim management plan approved by the Secretary concerned.CommentsClose CommentsPermalink

SEC. 304. FINANCIAL ASSURANCES.

(a) In General- Before beginning any mineral activities requiring an exploration or mining permit under this Act, an operator shall provide to the Secretary concerned evidence of a bond, surety, or other financial assurance approved by the Secretary concerned in an amount determined, after public notice and comment, by the Secretary concerned to be sufficient to ensure the completion of reclamation under section 306 and the restoration of any land or water adversely affected by the mineral activities if the work (including any interim stabilization and infrastructure maintenance activities) would be performed by the Secretary concerned (or a third party retained by the Secretary concerned) in the event of forfeiture.CommentsClose CommentsPermalink





(b) Land and Water Covered- The financial assurance shall cover--CommentsClose CommentsPermalink





(1) all land within the initial permit area;CommentsClose CommentsPermalink





(2) all affected water that may require restoration, treatment, or other management as a result of mineral activities; andCommentsClose CommentsPermalink





(3) all land added and water affected pursuant to any permit modification.CommentsClose CommentsPermalink





(c) Review- Not later than 3 years after the date on which an operator provides financial assurance in an amount determined under subsection (a) and not later than every 3 years thereafter, the Secretary concerned shall--CommentsClose CommentsPermalink





(1) review the financial assurance to determine if the amount of the financial assurance is adequate for purposes of this section; andCommentsClose CommentsPermalink





(2) if the Secretary concerned determines that the amount of the financial assurance is not adequate, adjust the amount of the financial assurance in accordance with this section.CommentsClose CommentsPermalink





(d) Reduction-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary concerned may reduce the amount of the financial assurance required if the Secretary concerned determines that a portion of the reclamation is completed in accordance with section 306.CommentsClose CommentsPermalink





(2) NOTICE- Before reducing or releasing the amount of financial assurance pursuant to this subsection, the Secretary concerned shall provide public notice and a reasonable opportunity for public notice and comment in accordance with subsection (g).CommentsClose CommentsPermalink





(e) Incremental Financial Assurance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary concerned may authorize amounts of financial assurance for incremental mineral activities if--CommentsClose CommentsPermalink





(A) no mineral activities are allowed beyond the activities for which financial assurance is provided;CommentsClose CommentsPermalink





(B) the financial assurance for an increment covers all reclamation costs within the permit area for the increment; andCommentsClose CommentsPermalink





(C) the amount and terms of the financial assurance for each increment are reviewed annually.CommentsClose CommentsPermalink





(2) REVIEW- Notwithstanding subsection (c), the Secretary concerned shall--CommentsClose CommentsPermalink





(A) review at least on an annual basis the amount and terms of the financial assurance for any increment; andCommentsClose CommentsPermalink





(B) adjust the financial assurance as appropriate.CommentsClose CommentsPermalink





(f) Duration- The financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the responsibility of the operator for reclamation, long-term maintenance, and effluent treatment as specified in subsection (h).CommentsClose CommentsPermalink





(g) Release- Subject to subsections (h) and (i), the Secretary concerned may, after public notice and a reasonable opportunity for public comment and after inspection, release in whole or in part the financial assurance required under this section if the Secretary concerned determines that--CommentsClose CommentsPermalink





(1) reclamation covered by the financial assurance has been accomplished as required by this Act and other applicable law; andCommentsClose CommentsPermalink





(2) the terms and conditions of any other applicable Federal and State requirements have been fulfilled.CommentsClose CommentsPermalink





(h) Release of Financial Assurance for Water- If the Secretary concerned does not require the establishment of a trust fund or other long-term funding mechanism under subsection (i), the portion of the financial assurance attributable to the estimated cost of treatment of any discharge or other water-related condition resulting from mineral activities shall not be released until the public has been provided notice and an opportunity to comment in accordance with subsection (g) and--CommentsClose CommentsPermalink





(1) the discharge has ceased for a period of at least 5 years, as determined through ongoing monitoring and testing; orCommentsClose CommentsPermalink





(2) if the discharge continues, the operator has met all applicable effluent limitations and water quality standards for a period of at least 5 years.CommentsClose CommentsPermalink





(i) Long-Term Financial Assurances-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding subsections (d) and (g), if any discharge or other water-related condition resulting from mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards, the financial assurance shall cover the estimated cost of maintaining the treatment for the period that will be needed after the cessation of mineral activities.CommentsClose CommentsPermalink





(2) LONG-TERM FUNDING MECHANISMS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary concerned shall, if determined necessary by the Secretary concerned, require the operator to establish a trust fund or other funding mechanism to provide financial assurances to ensure the continuation of long-term treatment or other management to achieve water quality standards and for other long-term, post-mining maintenance or monitoring requirements.CommentsClose CommentsPermalink





(B) AMOUNT- The amount of funding shall be adequate to provide for construction, long-term operation, maintenance, or replacement of any treatment facilities and infrastructure, for as long as the treatment and facilities are needed after mine closure.CommentsClose CommentsPermalink





(C) LIABILITY- Nothing in this paragraph allows any person to transfer any liability arising from mineral activities to any other person.CommentsClose CommentsPermalink





(j) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall conduct a review and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report regarding the sufficiency of financial assurances for locatable minerals activities (including exploration and mining) on Federal land.CommentsClose CommentsPermalink





(2) TOPICS- The report shall address--CommentsClose CommentsPermalink





(A) methods for establishing financial assurances levels;CommentsClose CommentsPermalink





(B) the type, level, and adequacy of financial assurances required for exploration activities;CommentsClose CommentsPermalink





(C) for each mine on Federal land--CommentsClose CommentsPermalink





(i) the dates of approval of any plan of operation or mining permit;CommentsClose CommentsPermalink





(ii) the acreage involved;CommentsClose CommentsPermalink





(iii) the expected life of the mine;CommentsClose CommentsPermalink





(iv) the type, level, and adequacy of financial assurance; andCommentsClose CommentsPermalink





(v) whether the mine is expected to require long-term water treatment or maintenance after mine closure;CommentsClose CommentsPermalink





(D) the effectiveness of various types of financial assurances; andCommentsClose CommentsPermalink





(E) the availability of and costs associated with various types of financial assurances.CommentsClose CommentsPermalink





(3) RECOMMENDATIONS- The report shall include any recommendations for modifications to Federal law or applicable regulations to improve the effectiveness of financial assurances for locatable mineral activities described in paragraph (1).CommentsClose CommentsPermalink

SEC. 305. TRANSFER, ASSIGNMENT, OR SALE OF RIGHT.

The Secretary concerned shall approve the transfer, assignment, or sale of rights of an exploration or mining permit only if the successor in interest agrees in writing to assume the liability and reclamation responsibilities (including the financial assurance requirements under section 304 (including applicable regulations)) established by the permit under this Act, without affecting the liability of the transferor under any other law or exploration or mining permit.CommentsClose CommentsPermalink

SEC. 306. OPERATION AND RECLAMATION.

(a) In General- The operator shall restore land and water subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting--CommentsClose CommentsPermalink





(1) the uses that the land and water was capable of supporting before surface disturbance by the operator; orCommentsClose CommentsPermalink





(2) other beneficial uses that conform to applicable land use plans (including, if appropriate, the generation of renewable energy), as determined by the Secretary concerned.CommentsClose CommentsPermalink





(b) Timing-CommentsClose CommentsPermalink





(1) IN GENERAL- Reclamation activities shall be carried out as contemporaneously as practicable with the conduct of mineral activities.CommentsClose CommentsPermalink





(2) TEMPORARY CESSATION- If mineral activities are ceased for a period other than a temporary cessation as approved by the Secretary concerned, reclamation activities shall begin immediately.CommentsClose CommentsPermalink





(c) Administration of Land- Notwithstanding any other provision of law, in administering the conduct of mineral activities on National Forest System land, the Secretary of Agriculture shall, by regulation or otherwise, take any action necessary to prevent unnecessary or undue degradation of the lands.CommentsClose CommentsPermalink





(d) Operation and Reclamation Standards- The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations that carry out this Act.CommentsClose CommentsPermalink





(e) Relationship to Other Laws- The requirements of this Act shall be in addition to any requirements applicable to mineral activities under--CommentsClose CommentsPermalink





(1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(2) the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); andCommentsClose CommentsPermalink





(3) the Act of June 4, 1897 (commonly known as the ‘Organic Act of 1897’ (16 U.S.C. 473-482, 551).CommentsClose CommentsPermalink

SEC. 307. LAND OPEN TO LOCATION.

Section 202(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(e)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking ‘removed from or restored to the operation of the Mining Law of 1872, as amended (R.S. 2318-2352; 30 U.S.C. 21 et seq.) or’ ; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) REVIEW OF LAND-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 3 years after the date of enactment of this paragraph, each Secretary concerned, acting through the local Federal land manager, shall, consistent with the respective jurisdiction of each Secretary concerned, undertake and complete a review of--CommentsClose CommentsPermalink





‘(i) public land designated as a wilderness study area or National Forest System land identified as suitable for wilderness designation;CommentsClose CommentsPermalink





‘(ii) areas of critical environmental concern;CommentsClose CommentsPermalink





‘(iii) Federal land in which mineral activities pose a reasonable likelihood of substantial adverse impacts on National Conservation system units;CommentsClose CommentsPermalink





‘(iv)(I) 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.);CommentsClose CommentsPermalink





‘(II) areas designated for potential addition to the System pursuant to section 5(a) of that Act (16 U.S.C. 1276(a)); andCommentsClose CommentsPermalink





‘(III) areas determined to be eligible for inclusion in the System pursuant to section 5(d) of that Act (16 U.S.C. 1276(d)); andCommentsClose CommentsPermalink





‘(v) the areas identified in the set of inventoried roadless area maps contained in the Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, volume 2, dated November 2000.CommentsClose CommentsPermalink





‘(5) WITHDRAWALS OF LAND-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subsequent to review in accordance with paragraph (4), in addition to withdrawals made pursuant to section 204 and subject to valid existing rights, tracts of Federal land may, pursuant to this paragraph, be removed from operation of sections 2318 through 2352 of the Revised Statutes (commonly known and referred to in this subsection as the ‘Mining Law of 1872’) (30 U.S.C. 21 et seq.) if the Secretary, based on the analysis of the local Federal land manager, and in the case of National Forest System land, on the recommendation of the Secretary of Agriculture based on the analysis of the local Federal land manager, determines that the action is appropriate after application of the criteria established under subsection (c).CommentsClose CommentsPermalink





‘(B) REVISION OF LAND USE PLANS- The Secretary concerned, acting through the local Federal land manager, shall revise or amend the applicable land use plan, as appropriate, to provide for removal of land, subject to valid existing rights, from operation of the Mining Law of 1872 on a determination by the Secretary under subparagraph (A) that the land should be removed from operation of that Act.CommentsClose CommentsPermalink





‘(C) SEGREGATION FROM GENERAL MINING LAWS PENDING COMPLETION- On a determination by the Secretary that the land should be removed from operation of the Mining Law of 1872, the land shall be immediately segregated from operation of the Mining Law of 1872 until the plan amendment or revision is completed.CommentsClose CommentsPermalink





‘(D) COMPLETION DEADLINE- Any amendment or revision of a land use plan shall be completed not later than 1 year after the date of the determination of the Secretary under subparagraph (A).CommentsClose CommentsPermalink





‘(6) PETITION FOR REVIEW- The Governor of a State, the head of an Indian tribe, or an appropriate local government official may petition--CommentsClose CommentsPermalink





‘(A) the Secretary concerned to direct the local Federal land manager to undertake a review under paragraph (4); andCommentsClose CommentsPermalink





‘(B) the Secretary to determine whether land within the State should be removed from operation of the Mining Law of 1872, subject to valid existing rights, pursuant to paragraph (5).’.CommentsClose CommentsPermalink

SEC. 308. STATE LAW.

Any reclamation, environmental, public health protection, bonding, or inspection standard or requirement in State law (including regulations) that meets or exceeds the requirements of this Act shall not be considered to be inconsistent with this Act.CommentsClose CommentsPermalink

SEC. 309. INSPECTION AND MONITORING.

(a) Inspections-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary concerned shall make inspections of mineral activities to ensure compliance with this Act.CommentsClose CommentsPermalink





(2) TIMING- The Secretary concerned shall establish the frequency of inspections for mineral activities conducted under a permit issued under this Act, with the Secretary concerned requiring not less than 1 complete inspection per calendar quarter.CommentsClose CommentsPermalink





(3) ANNUAL INSPECTIONS- After revegetation has been established in accordance with a reclamation plan, the Secretary concerned shall conduct not less than 2 complete inspections per year.CommentsClose CommentsPermalink





(4) SEASONAL ACTIVITIES- The Secretary concerned shall have the discretion to modify the inspection frequency for mineral activities that are conducted on a seasonal basis, except that the Secretary concerned shall require not less than 2 complete inspections per calendar year.CommentsClose CommentsPermalink





(5) FINANCIAL ASSURANCE- Inspections shall continue under this subsection until the final release of financial assurance.CommentsClose CommentsPermalink





(b) Monitoring- The Secretary concerned shall require all operators--CommentsClose CommentsPermalink





(1) to develop and maintain a monitoring and evaluation system to identify compliance with all requirements of a permit approved under this Act; andCommentsClose CommentsPermalink





(2) to submit such reports as may be required by the Secretary concerned.CommentsClose CommentsPermalink

TITLE IV--HARDROCK MINERALS RECLAMATION FUNDCommentsClose CommentsPermalink

SEC. 401. ESTABLISHMENT OF FUND.

(a) Establishment- There is established in the Treasury of the United States a separate account, to be known as the ‘Hardrock Minerals Reclamation Fund’, consisting of--CommentsClose CommentsPermalink





(1) any amounts received by the United States under section 101;CommentsClose CommentsPermalink





(2) any amounts collected under section 102 (subject to the requirements of section 102(c)(1));CommentsClose CommentsPermalink





(3) any amounts donated to the Fund by persons, corporations, associations, and foundations;CommentsClose CommentsPermalink





(4) any amounts collected under section 201;CommentsClose CommentsPermalink





(5) any amounts collected under section 303(e);CommentsClose CommentsPermalink





(6) any amounts collected under section 403;CommentsClose CommentsPermalink





(7) any amounts collected under sections 203 and 502; andCommentsClose CommentsPermalink





(8) any income on investments under subsection (b).CommentsClose CommentsPermalink





(b) Investment-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall notify the Secretary of the Treasury of any portion of the Fund that the Secretary determines is not required to meet current withdrawals.CommentsClose CommentsPermalink





(2) ELIGIBLE INVESTMENTS- The Secretary of the Treasury shall invest portions of the Fund identified under paragraph (1) in public debt securities with maturities suitable for the needs of the Fund.CommentsClose CommentsPermalink





(3) INTEREST- Investments in public debt securities shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturity.CommentsClose CommentsPermalink





(c) Administration- The Fund shall be administered by the Secretary, acting through the Director of the Office of Surface Mining Reclamation and Enforcement.CommentsClose CommentsPermalink





(d) Expenditures- Subject to section 402, amounts in the Fund may, without fiscal year limitation and without further appropriation--CommentsClose CommentsPermalink





(1) be expended by the Secretary for the purposes described in section 402;CommentsClose CommentsPermalink





(2) be transferred by the Secretary to the Director of the Bureau of Land Management, the Chief of the Forest Service, the Director of the National Park Service, the Director of the United States Fish and Wildlife Service, or the head of any other Federal agency, that develops, implements, and has the ability to carry out all or a significant portion of a reclamation program under this title; orCommentsClose CommentsPermalink





(3) be transferred by the Secretary to an Indian tribe or a State with an approved reclamation program, as provided in subsection (e).CommentsClose CommentsPermalink





(e) State and Tribal Reclamation Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Each State having within the borders of the State, or tribe having within the borders of the reservation of the tribe, mined land that is eligible for reclamation under this title may submit to the Secretary a reclamation program for the land.CommentsClose CommentsPermalink





(2) APPROVAL- If the Secretary determines that a State or tribe has developed and submitted a program for reclamation of abandoned mines consistent with the priorities established under section 402(c) and has the ability and necessary State or tribal legislation to implement this title, the Secretary shall--CommentsClose CommentsPermalink





(A) approve the program; andCommentsClose CommentsPermalink





(B) grant to the State or tribe the exclusive responsibility and authority to implement the approved program.CommentsClose CommentsPermalink





(3) WITHDRAWAL OF APPROVAL- The Secretary shall withdraw the approval and authorization if the Secretary determines that the State or tribal program is not in compliance with procedures, guidelines, and requirements established by the Secretary.CommentsClose CommentsPermalink





(4) APPROVAL OF EXISTING PROGRAMS- Subject to paragraph (3), any State program in an abandoned hardrock mine State or tribal program for reclamation of abandoned mines approved under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) before the date of enactment of this Act and in good standing with the Secretary as of that date shall be considered approved under this title.CommentsClose CommentsPermalink

SEC. 402. USE AND OBJECTIVES OF THE FUND.

(a) Use-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may, subject to the availability of appropriations, use amounts in the Fund for the reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining and related activities in abandoned hardrock mine States and on Indian land located within the exterior boundaries of abandoned hardrock mine States, including the conduct of activities--CommentsClose CommentsPermalink





(A) to protect public health and safety;CommentsClose CommentsPermalink





(B) to prevent, abate, treat, and control water pollution created by abandoned mine drainage, including activities conducted in watersheds;CommentsClose CommentsPermalink





(C) to reclaim and restore abandoned surface and underground mined areas;CommentsClose CommentsPermalink





(D) to reclaim and restore abandoned milling and processing areas;CommentsClose CommentsPermalink





(E) to backfill, seal, or otherwise control abandoned underground mine entries;CommentsClose CommentsPermalink





(F) to revegetate land adversely affected by past mining activities--CommentsClose CommentsPermalink





(i) to prevent erosion and sedimentation; andCommentsClose CommentsPermalink





(ii) for any other reclamation purpose;CommentsClose CommentsPermalink





(G) to control surface subsidence due to abandoned underground mines; andCommentsClose CommentsPermalink





(H) to enhance fish and wildlife habitat.CommentsClose CommentsPermalink





(2) DETERMINATION- Before expending amounts in the Fund for the purposes described in paragraph (1), the Secretary shall make a determination that there is no continuing reclamation responsibility of the claim holder, operator, or other person who abandoned the site before completion of the required reclamation under Federal or State law.CommentsClose CommentsPermalink





(b) Allocation- Of the amounts deposited in the Fund each fiscal year--CommentsClose CommentsPermalink





(1) 20 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has an approved program pursuant to section 401(e), by the State or Indian tribe, in the States in which, or on Indian land on which, hardrock minerals are produced, based on a formula reflecting existing production in the State or on the land of the Indian tribe;CommentsClose CommentsPermalink





(2) 30 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has an approved program pursuant to section 401(e), by the State or Indian tribe, in the States and on Indian land using a formula based on the quantity of hardrock minerals historically produced in the State or from the Indian land before the date of enactment of this Act;CommentsClose CommentsPermalink





(3) 25 percent shall be allocated by the Secretary for expenditure on Federal land;CommentsClose CommentsPermalink





(4) 10 percent shall be available to the Secretary for grants under subsection (e);CommentsClose CommentsPermalink





(5) 10 percent shall be available to the Secretary for grants under subsection (f); andCommentsClose CommentsPermalink





(6) 5 percent shall be available for administrative expenses of the United States, Indian tribes, and the States to accomplish the purposes of this title.CommentsClose CommentsPermalink





(c) Priorities-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), expenditures from the Fund shall be based on the following priorities:CommentsClose CommentsPermalink





(A) The conduct of activities to protect public health and safety from the adverse effects of past hardrock mineral mining activities, including activities addressing surface water and groundwater contaminants.CommentsClose CommentsPermalink





(B) The conduct of activities to restore land, water, and fish and wildlife resources degraded by the adverse effects of past hardrock mineral mining activities, including restoration activities in watershed areas.CommentsClose CommentsPermalink





(2) MULTIPLE PRIORITIES- In complying with the priorities established under this subsection, funds may be expended for reclamation activities under paragraph (1)(B) before the completion of all reclamation projects under paragraph (1)(A) if the expenditure of the funds for reclamation activities under paragraph (1)(B) is made in conjunction with reclamation activities under paragraph (1)(A).CommentsClose CommentsPermalink





(3) MINIMUM EXPENDITURE- Notwithstanding paragraphs (1) and (2), not less than 25 percent of the expenditures by the Secretary on Federal lands for any year shall be for the purposes described in paragraph (1)(B).CommentsClose CommentsPermalink





(d) Eligible Land and Water-CommentsClose CommentsPermalink





(1) IN GENERAL- Amounts may be expended for reclamation activities under this section only with respect to land or water resources if the land or water resources have been--CommentsClose CommentsPermalink





(A) affected by hardrock mineral mining activities; andCommentsClose CommentsPermalink





(B) abandoned or left in an inadequate reclamation status.CommentsClose CommentsPermalink





(2) SPECIFIC SITES AND AREAS NOT ELIGIBLE- Section 411(d) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(d)) shall apply to expenditures from the Fund.CommentsClose CommentsPermalink





(3) INVENTORY-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





(i) prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on Federal land, State land, other publicly owned land, private land, and any abandoned mine on Indian land that may be eligible for expenditures under this section; andCommentsClose CommentsPermalink





(ii) submit to Congress an annual report that describes the progress in reclaiming the sites listed on the inventory.CommentsClose CommentsPermalink





(B) MAXIMUM EXPENDITURE- The Secretary shall expend not more than $5,000,000 to carry out the inventory required by this paragraph.CommentsClose CommentsPermalink





(e) Grants to Certain States-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall use amounts made available under subsection (b)(4) to make grants to States, other than abandoned hardrock mine States, to carry out reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining activities, including the conduct of activities described in subsection (a)(1).CommentsClose CommentsPermalink





(2) DETERMINATION- Before awarding a grant under this subsection, the Secretary shall make a determination that there is no continuing reclamation responsibility of any person who abandoned the site before completion of required reclamation under Federal or State law.CommentsClose CommentsPermalink





(3) CRITERIA- The Secretary shall establish by regulation the procedures and criteria for awarding grants under this subsection, which shall include--CommentsClose CommentsPermalink





(A) consistency with the priorities established under subsection (c)(1); andCommentsClose CommentsPermalink





(B) priority for those projects for which Federal funding is not available under other laws or programs.CommentsClose CommentsPermalink





(f) Grants to Public Entities and Nonprofit Organizations- The Secretary shall use amounts made available under subsection (b)(5) to make grants to public entities (including State fish and game agencies and local governments) and nonprofit organizations (based on criteria established by the Secretary by regulation) to carry out activities that support collaborative restoration projects to improve fish and wildlife habitat affected by past hardrock minerals and mining activities, including activities that--CommentsClose CommentsPermalink





(1) improve water quality and quantity;CommentsClose CommentsPermalink





(2) restore watersheds in which historic mining dewatered or otherwise fragmented stream habitats;CommentsClose CommentsPermalink





(3) restore instream habitat conditions necessary to support aquatic species;CommentsClose CommentsPermalink





(4) restore vegetative cover and streamside areas to control erosion and improve conditions for fish and wildlife;CommentsClose CommentsPermalink





(5) control and remove noxious weeds and invasive species associated with historic mining disturbances that affect fish and wildlife;CommentsClose CommentsPermalink





(6) restore fish and wildlife habitat in cases in which previous hardrock minerals and mining activity limits fish and wildlife productivity;CommentsClose CommentsPermalink





(7) protect and restore fish and wildlife habitat in areas affected by historic minerals and mining activity; andCommentsClose CommentsPermalink





(8) mitigate impacts to watersheds affected by past hardrock minerals and mining activities.CommentsClose CommentsPermalink





(g) Response or Removal Actions-CommentsClose CommentsPermalink





(1) IN GENERAL- Reclamation and restoration activities conducted under this section 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) shall be conducted only with the concurrence of the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(2) MEMORANDUM OF UNDERSTANDING- The Secretary and the Administrator of the Environmental Protection Agency shall enter into a memorandum of understanding to establish procedures for consultation, concurrence, training, the exchange of technical expertise, and the conduct of joint activities, as appropriate, that provide assurances that reclamation or restoration activities under this section shall not be conducted in a manner that--CommentsClose CommentsPermalink





(A) increases the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); orCommentsClose CommentsPermalink





(B) to the maximum extent practicable, avoids oversight by multiple agencies.CommentsClose CommentsPermalink

SEC. 403. ABANDONED MINE LAND RECLAMATION FEE.

(a) Imposition of Fee- Each operator of a hardrock minerals mining operation shall pay to the Secretary, for deposit in the Fund, a reclamation fee in an amount established by the Secretary by regulation of not less than 0.3 percent, and not more than 1.0 percent, of the value of the production (other than reasonable transportation, beneficiation, and processing costs) from the hardrock minerals mining operation for each calendar year.CommentsClose CommentsPermalink





(b) Value of Production- For purposes of this section, the Secretary shall determine the value of production in the same manner as provided under section 201(a).CommentsClose CommentsPermalink





(c) Payment Deadline- The reclamation fee shall be paid not later than 60 days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this Act.CommentsClose CommentsPermalink





(d) Deposit of Revenues- Amounts received by the Secretary under subsection (a) shall be deposited into the Fund.CommentsClose CommentsPermalink





(e) Effect- Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law (including regulations) of any State.CommentsClose CommentsPermalink

TITLE V--TRANSITION RULES, ADMINISTRATIVE PROVISIONS, AND MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink

SEC. 501. TRANSITION RULES.

(a) Applicability-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), section 201(b), and section 303(f), the requirements of this Act apply to any mining claim, millsite, or tunnel site located under the general mining laws, before, on, or after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) PREEXISTING CLAIM- If a plan of operations is approved or a notice of operations is filed for mineral activities on any claim or site referred to in paragraph (1) before the date of enactment of this Act--CommentsClose CommentsPermalink





(A) during the 10-year period beginning on the date of enactment of this Act--CommentsClose CommentsPermalink





(i) mineral activities at the claim or site shall be subject to the plan of operations or notice of operations; andCommentsClose CommentsPermalink





(ii) if the Secretary concerned determines that any modifications to the plan of operations are minor, modification may be made in accordance with the laws applicable before the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) the operator shall bring the mineral activities into compliance with this Act (including implementing regulations) by the end of the 10-year period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink





(3) FEES- Except as provided in section 201(b) and 303(f), all fees required to be paid under this Act shall apply beginning on the date of enactment of this Act to--CommentsClose CommentsPermalink





(A) any mining claim, millsite, or tunnel site located under the general mining laws (including production from the claim or site) before, on, or after the date of enactment of this Act;CommentsClose CommentsPermalink





(B) all land covered by a plan of operations or a notice of operations, exploration permit, or mining permit; andCommentsClose CommentsPermalink





(C) with respect to the fee established by section 403, any production on or after the date of enactment of this Act from any hardrock minerals mining operation.CommentsClose CommentsPermalink





(b) Application of Act to Beneficiation and Processing of Non-Federal Minerals on Federal Land-CommentsClose CommentsPermalink





(1) IN GENERAL- This Act (including the surface management and operation requirements of title III) shall apply in the same manner and to the same extent to mining claims, millsites, and tunnel sites used for beneficiation or processing activities for any mineral without regard to whether the legal and beneficial title to the mineral is held by the United States.CommentsClose CommentsPermalink





(2) APPLICABILITY- This subsection applies only to minerals that--CommentsClose CommentsPermalink





(A) are locatable minerals; orCommentsClose CommentsPermalink





(B) would be locatable minerals if the legal and beneficial title to the minerals were held by the United States.CommentsClose CommentsPermalink

SEC. 502. ENFORCEMENT.

(a) Orders-CommentsClose CommentsPermalink





(1) NOTICE OF VIOLATION-CommentsClose CommentsPermalink





(A) IN GENERAL- If the Secretary concerned determines that any person is in violation of any surface management or operation requirement under title III or any regulation promulgated to carry out such a requirement or any permit condition required pursuant to title III, the Secretary concerned shall provide to the person a notice that describes the violation and any necessary corrective actions.CommentsClose CommentsPermalink





(B) ABATEMENT PERIOD-CommentsClose CommentsPermalink





(i) IN GENERAL- Subject to clause (ii), a person that receives notice under subparagraph (A) shall have not more than 90 days after the date of receipt of the notice to abate the violation.CommentsClose CommentsPermalink





(ii) EXTENSION- The Secretary concerned may extend the period described in clause (i) if the person shows good cause for the extension, as determined by the Secretary concerned.CommentsClose CommentsPermalink





(2) CESSATION ORDER-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary concerned shall immediately order a cessation of mineral activities if the Secretary concerned determines that any condition or practice exists, or any person is in violation of any requirement of a permit approved, or notice of operations submitted, under this Act, that is causing, or can reasonably be expected to cause--CommentsClose CommentsPermalink





(i) an imminent danger to the health or safety of the public; orCommentsClose CommentsPermalink





(ii) significant, imminent harm to land, air, water, or fish or wildlife resources.CommentsClose CommentsPermalink





(B) REQUIREMENTS-CommentsClose CommentsPermalink





(i) IN GENERAL- A cessation order issued under subparagraph (A) shall remain in effect until the Secretary concerned--CommentsClose CommentsPermalink





(I) determines that the condition, practice, or violation has been abated; orCommentsClose CommentsPermalink





(II) modifies, vacates, or terminates the cessation order.CommentsClose CommentsPermalink





(ii) ABATEMENT- In any cessation order issued under subparagraph (A), the Secretary concerned shall--CommentsClose CommentsPermalink





(I) identify the steps necessary to abate the violation in the most expeditious manner practicable; andCommentsClose CommentsPermalink





(II) require appropriate financial assurances to ensure that the abatement obligations are met.CommentsClose CommentsPermalink





(C) ENFORCEMENT-CommentsClose CommentsPermalink





(i) IN GENERAL- If the required abatement has not been completed by the date that is 30 days after the date on which an order is issued under subparagraph (A), the Secretary concerned shall bring against the person failing to complete the abatement an enforcement action that is most likely to bring about abatement in the most expeditious manner practicable, including seeking appropriate injunctive relief to bring about abatement.CommentsClose CommentsPermalink





(ii) EFFECT- Nothing in this subparagraph precludes the Secretary concerned from taking alternative enforcement action before the date described in clause (i).CommentsClose CommentsPermalink





(3) MODIFICATIONS- The Secretary concerned may modify, vacate, or terminate any notice or order issued under paragraph (1) or (2).CommentsClose CommentsPermalink





(4) FORFEITURE-CommentsClose CommentsPermalink





(A) IN GENERAL- If a person fails to abate a violation or defaults on the terms of the permit, the Secretary concerned shall forfeit the financial assurance for the permit as necessary to ensure abatement and reclamation under this Act.CommentsClose CommentsPermalink





(B) ALTERNATIVES- The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved permit and applicable law instead of forfeiture.CommentsClose CommentsPermalink





(C) LIABILITY- In the event of forfeiture, the claim holder or operator, or a subsidiary, parent company, corporation, or partner of the claim holder, or operator shall be jointly and severally liable for any remaining reclamation obligations under this Act.CommentsClose CommentsPermalink





(b) Civil Penalties-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), any person that violates any surface management or operation requirement under title III, any regulation promulgated to carry out such a requirement, or any permit condition required pursuant to title III may be assessed a civil penalty by the Secretary concerned.CommentsClose CommentsPermalink





(2) CESSATION ORDER- If the violation leads to the issuance of a cessation order under subsection (a)(2), the Secretary concerned shall assess the civil penalty.CommentsClose CommentsPermalink





(3) MAXIMUM AMOUNT- The penalty shall not exceed $5,000 for each violation.CommentsClose CommentsPermalink





(4) CONTINUING VIOLATIONS- Each day of continuing violation may be considered a separate violation for purposes of penalty assessments.CommentsClose CommentsPermalink





(5) FACTORS AFFECTING AMOUNT- In determining the amount of the penalty for a violation by a person, the Secretary concerned shall consider--CommentsClose CommentsPermalink





(A) the history of the person of previous violations;CommentsClose CommentsPermalink





(B) the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;CommentsClose CommentsPermalink





(C) whether the person was negligent; andCommentsClose CommentsPermalink





(D) the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation.CommentsClose CommentsPermalink





(6) CORPORATE LIABILITY- If a corporate permittee is in violation of a requirement of any surface management or operations requirement under title III of this Act, any regulation promulgated to carry out such a requirement, or any permit condition required pursuant to title III, or fails or refuses to comply with a notice or an order issued under subsection (a), any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to civil penalties, fines, and imprisonment that may be imposed under a person under this subsection, subsection (d) or (e).CommentsClose CommentsPermalink





(c) Administrative Review-CommentsClose CommentsPermalink





(1) COMPLIANCE ORDER- Any person issued a notice of violation or a cessation order under subsection (a) may apply to the Secretary concerned for review of the notice or order by the date that is not later than 30 days after receipt of the notice or order.CommentsClose CommentsPermalink





(2) CIVIL PENALTY- Any person who is subject to a civil penalty assessed by the Secretary concerned under this section may apply to the Secretary concerned for review of the penalty by the date that is not later than 30 days after the date on which the person receives notice of the penalty.CommentsClose CommentsPermalink





(3) HEARING- The Secretary concerned shall provide an opportunity for a hearing on the record subject to section 554 of title 5, United States Code, at the request of any person that is--CommentsClose CommentsPermalink





(A) issued a notice of violation under subsection (a)(1);CommentsClose CommentsPermalink





(B) issued a cessation order under subsection (a)(2); orCommentsClose CommentsPermalink





(C) subject to civil penalties under subsection (b).CommentsClose CommentsPermalink





(d) Civil Action-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary concerned may submit to the Attorney General a request to bring a civil action for relief, including a permanent or temporary injunction or restraining order and the imposition of civil penalties, in any appropriate district court of the United States, if a person--CommentsClose CommentsPermalink





(A) violates, fails, or refuses to comply with any notice or order issued by the Secretary concerned under subsection (a); orCommentsClose CommentsPermalink





(B) interferes with, hinders, or delays the Secretary concerned in carrying out an inspection under section 309.CommentsClose CommentsPermalink





(2) RELIEF-CommentsClose CommentsPermalink





(A) IN GENERAL- The court hearing a civil action brought under paragraph (1) shall have the jurisdiction to provide any relief that the court determines to be appropriate.CommentsClose CommentsPermalink





(B) REVIEW- Any relief granted by the court to enforce an order under paragraph (1) shall continue in effect until the date on which all proceedings for review of the order are completed or terminated unless the court granting the relief sets the relief aside.CommentsClose CommentsPermalink





(e) Criminal Penalties-CommentsClose CommentsPermalink





(1) FALSE STATEMENTS; TAMPERING-CommentsClose CommentsPermalink





(A) IN GENERAL- A person shall, on conviction, be punished by a fine of not more than $25,000, imprisonment for not more than 1 year, or fine and imprisonment if the person willfully and knowingly--CommentsClose CommentsPermalink





(i) makes any false material statement, representation, or certification in, omits or conceals material information from, or unlawfully alters, any mining claim, notice of location, application, record, report, plan, or other document filed or required to be maintained under this Act; orCommentsClose CommentsPermalink





(ii) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained under this Act.CommentsClose CommentsPermalink





(B) SECOND VIOLATION- If a conviction of a person under subparagraph (A) is for a violation committed after a first conviction of the person under that subparagraph, punishment shall be by a fine of not more than $50,000, imprisonment of not more than 2 years, or fine and imprisonment.CommentsClose CommentsPermalink





(2) KNOWING VIOLATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- A person shall, on conviction, be punished by a fine of not more than $25,000, imprisonment for not more than 1 year, or both if the person willfully and knowingly--CommentsClose CommentsPermalink





(i) engages in mineral activities without a permit if required under section 302 or 303; orCommentsClose CommentsPermalink





(ii) violates any surface management or operation requirement under title III (including any regulation promulgated to carry out the requirement) or any requirement, condition, or limitation of a permit issued under this Act.CommentsClose CommentsPermalink





(B) SECOND VIOLATION- If a conviction of a person under subparagraph (A) is for a violation committed after the first conviction of the person under that subparagraph, punishment shall be a fine of not more than $50,000, imprisonment of not more than 2 years, or both.CommentsClose CommentsPermalink





(f) Delegation- Notwithstanding any other provision of law, the Secretary of the Interior may use personnel of the Office of Surface Mining Reclamation and Enforcement or the Bureau of Land Management to ensure compliance with this Act.CommentsClose CommentsPermalink