Hardrock Mining and Reclamation Act of 2019
This bill modifies requirements related to the mining of hardrock minerals on federal land.
Among other things, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1386 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1386
To modify the requirements applicable to locatable minerals on public
domain land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2019
Mr. Schumer (for Mr. Udall (for himself, Mr. Bennet, Mr. Heinrich, Mr.
Markey, Mr. Wyden, Mr. Merkley, Mr. Booker, Ms. Harris, and Mrs.
Feinstein)) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To modify the requirements applicable to locatable minerals on public
domain land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hardrock Mining
and Reclamation Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LOCATABLE MINERAL DEPOSITS
Sec. 101. Limitation on patents.
Sec. 102. Fees.
Sec. 103. Limitations.
TITLE II--ROYALTIES
Sec. 201. Royalty.
Sec. 202. Royalty relief.
Sec. 203. Enforcement.
Sec. 204. Review.
TITLE III--MINERAL ACTIVITIES
Sec. 301. Permits.
Sec. 302. Exploration permits.
Sec. 303. Mining permits.
Sec. 304. Financial assurances.
Sec. 305. Transfer, assignment, or sale of right.
Sec. 306. Operation and reclamation.
Sec. 307. Land open to location.
Sec. 308. State law.
Sec. 309. Inspection and monitoring.
Sec. 310. Tribal consultation.
TITLE IV--HARDROCK MINERALS RECLAMATION FUND
Sec. 401. Establishment of Fund.
Sec. 402. Use and objectives of the Fund.
Sec. 403. Abandoned mine land reclamation fee.
TITLE V--TRANSITION RULES, ADMINISTRATIVE PROVISIONS, AND MISCELLANEOUS
PROVISIONS
Sec. 501. Transition rules.
Sec. 502. Enforcement.
Sec. 503. Judicial review.
Sec. 504. Uncommon varieties.
Sec. 505. Review of uranium development on Federal land.
Sec. 506. Effect.
SEC. 2. DEFINITIONS.
In this Act:
(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.
(2) Applicant.--The term ``applicant'' means any person
that applies for--
(A) a permit under this Act; or
(B) a modification to, or a renewal of, a permit
issued under this Act.
(3) Beneficiation.--The term ``beneficiation'' means--
(A) the crushing and grinding of locatable mineral
ore; and
(B) any processes that are employed to free the
mineral from other constituents, including physical and
chemical separation techniques.
(4) Casual use.--
(A) In general.--The term ``casual use'' means
mineral activities that ordinarily result in no or
negligible disturbance of Federal land or resources.
(B) Inclusions.--The term ``casual use'' includes
the collection of geochemical, rock, soil, or mineral
specimens using hand tools, hand panning, or
nonmotorized sluicing.
(C) Exclusions.--The term ``casual use'' does not
include--
(i) the use of mechanized earth-moving
equipment, suction dredging, or explosives;
(ii) the use of motor vehicles in areas
closed to off-road vehicles;
(iii) the construction of roads or drill
pads; or
(iv) the use of toxic or hazardous
materials or explosives.
(5) Claim holder.--The term ``claim holder'' means a person
holding a mining claim, millsite, or tunnel site that is--
(A) located under the general mining laws; and
(B) maintained in compliance with the general
mining laws and this Act.
(6) Control.--The term ``control'' means having the ability
to determine the manner in which an entity conducts mineral
activities.
(7) Exploration.--
(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.
(B) Inclusions.--The term ``exploration'' includes
mineral activities associated with sampling, drilling,
or developing surface or underground workings to
evaluate locatable mineral values.
(C) Exclusions.--The term ``exploration'' does not
include the extraction of mineral material for
commercial use or sale.
(8) Federal land.--The term ``Federal land'' means any land
and any interest in land that is--
(A) owned by the United States; and
(B) open to location of mining claims under the
general mining laws and this Act.
(9) Fund.--The term ``Fund'' means the Hardrock Minerals
Reclamation Fund established by section 401(a).
(10) Hardrock mineral.--The term ``hardrock mineral'' has
the meaning given the term ``locatable mineral'' except that--
(A) legal and beneficial title to the mineral need
not be held by the United States; and
(B) paragraph (13)(B) does not apply to this
paragraph.
(11) Indian land.--The term ``Indian land'' means land that
is--
(A) held in trust for the benefit of an Indian
tribe or member of an Indian tribe; or
(B) held by an Indian tribe or member of an Indian
tribe, subject to a restriction by the United States
against alienation.
(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. 5304).
(13) Locatable mineral.--
(A) In general.--The term ``locatable mineral''
means any mineral--
(i) the legal and beneficial title to which
remains in the United States; and
(ii) that is not subject to disposition
under--
(I) the Mineral Leasing Act (30
U.S.C. 181 et seq.);
(II) the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.);
(III) the Act of July 31, 1947
(commonly known as the ``Materials Act
of 1947'') (30 U.S.C. 601 et seq.); or
(IV) the Act of August 7, 1947
(commonly known as the ``Mineral
Leasing Act for Acquired Lands'') (30
U.S.C. 351 et seq.).
(B) Exclusions.--The term ``locatable mineral''
does not include any mineral that is--
(i) subject to a restriction against
alienation imposed by the United States; and
(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).
(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.
(15) Operator.--The term ``operator'' means--
(A) any person proposing, or authorized by a
permit, to conduct mineral activities under this Act;
and
(B) any agent of a person described in subparagraph
(A).
(16) Person.--The term ``person'' means--
(A) an individual, Indian tribe, partnership,
association, society, joint venture, joint stock
company, firm, company, corporation, cooperative,
trust, consortium, or other organization; and
(B) any instrumentality of a State or local
government, including any publicly owned utility or
publicly owned corporation of a State or local
government.
(17) Processing.--
(A) In general.--The term ``processing'' means
processes downstream of beneficiation used to prepare
locatable mineral ore into the final marketable
product.
(B) Inclusions.--The term ``processing'' includes
smelting and electrolytic refining.
(18) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(19) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior (acting through
the Director of the Bureau of Land Management), with
respect to land managed by the Bureau of Land
Management or other Federal land.
(20) Temporary cessation.--The term ``temporary cessation''
means a halt in mine related production activities for a
continuous period of not longer than 5 years.
(21) Undue degradation.--The term ``undue degradation''
means substantial irreparable harm to significant scientific,
cultural, or environmental resources on public land.
TITLE I--LOCATABLE MINERAL DEPOSITS
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--
(1) a patent application was filed with the Secretary with
respect to the claim not later than September 30, 1994; and
(2) all requirements applicable to the patent application
under law were fully complied with by the date described in
paragraph (1).
(b) Right to Patent.--
(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.
(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.
(c) Repeal.--Section 2325 of the Revised Statutes (30 U.S.C. 29) is
repealed.
SEC. 102. FEES.
(a) Claim Maintenance Fees.--
(1) In general.--Not later than August 31, 2020, 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 $200 for each claim, millsite, or tunnel
site.
(2) Requirements.--The maintenance fees required under
paragraph (1) shall be in lieu of--
(A) the assessment work requirements under the
general mining laws; and
(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).
(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.
(4) Claim relocation.--
(A) Definition of related party.--In this paragraph
and paragraph (5), the term ``related party'' means--
(i) the spouse and qualifying child (as
defined in section 152 of the Internal Revenue
Code of 1986) of the claim holder; and
(ii) a person affiliated with the claim
holder, including--
(I) a person controlled by,
controlling, or under common control
with, the claim holder; or
(II) a subsidiary, parent company,
partner, director, or officer of the
claim holder.
(B) Limits on relocation.--
(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.
(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.
(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--
(A) held not more than 10 mining claims, millsites,
tunnel sites, or any combination of claims and sites on
Federal land; and
(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.
(6) Adjustment.--
(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.
(B) More frequent adjustments.--The Secretary may
adjust the amount of the maintenance fees more
frequently than specified in subparagraph (A) 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.
(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.
(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.
(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.
(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.
(b) Location Fees.--
(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.
(2) Adjustment.--
(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.
(B) More frequent adjustments.--The Secretary may
adjust the amount of the location fees more frequently
than specified in subparagraph (A) 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.
(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.
(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.
(3) Effect on maintenance fee.--The location fee required
under paragraph (1) shall be in addition to the maintenance fee
required under subsection (a).
(c) Disposition of Funds.--
(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.
(2) Excess amounts.--Any amounts in excess of the costs
described in paragraph (1) for any fiscal year shall be
deposited in the Fund.
(d) Effect of Section.--Nothing in this section changes or
modifies--
(1) section 314(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1744(b)); or
(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.
(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 2019'' after ``Omnibus
Budget Reconciliation Act of 1993''.
SEC. 103. LIMITATIONS.
(a) Failure To Comply.--
(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--
(A) conclusively constitute a forfeiture of the
mining claim, millsite, or tunnel site; and
(B) make the claim or site null and void by
operation of law.
(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.
(b) Relinquishment.--
(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.
(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.
(c) Use of Mining Claim.--
(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.
(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.
TITLE II--ROYALTIES
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 5 percent, and not more than 8 percent, of
the gross income from mining for production of all locatable minerals.
(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.
(c) No Royalty for Federal Land Subject to Existing Permit.--No
royalty under subsection (a) shall be required for production on
Federal land that--
(1) is subject to an approved plan of operations or an
operations permit on the date of the enactment of this Act; and
(2) produces valuable locatable minerals in commercial
quantities on the date of enactment of this Act.
(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 described in subsection (a).
(e) Deposit.--Amounts received by the United States as royalties
under this section shall be deposited in the Fund.
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.
(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--
(1) publishes public notice of the royalty reduction; and
(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.
SEC. 203. ENFORCEMENT.
(a) Duties of the Secretary.--
(1) In general.--The Secretary shall establish a
comprehensive inspection, collection, fiscal, and production
accounting and auditing system--
(A) to accurately determine royalties, interest,
fines, penalties, fees, deposits, and other payments
owed under this title and section 403; and
(B) to collect and account for such payments in a
timely manner.
(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--
(A) is producing or expected to produce a
significant quantity of locatable minerals in any year;
or
(B) has a history of noncompliance with this Act.
(b) Duties of Claim Holders, Operators, and Transporters.--
(1) Payment of royalties.--
(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.
(B) Liability for payments.--
(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.
(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).
(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.
(2) Site security.--
(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.
(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.
(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.
(c) Recordkeeping and Reporting Requirements.--
(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.
(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.
(3) Duration of recordkeeping requirement.--
(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.
(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.
(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.
(e) Cooperative Agreements.--
(1) In general.--The Secretary may enter into cooperative
agreements with the Secretary of Agriculture--
(A) to share information concerning the royalty
management of locatable minerals;
(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; and
(C) to carry out any other activity described in
this section.
(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.
(3) Confidential information.--
(A) In general.--Trade secrets, proprietary
information, and other confidential information
protected from disclosure under section 552 of title 5,
United States Code (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.
(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.
(f) Interest.--
(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.
(2) Nonpayment and underpayment.--
(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).
(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).
(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.
(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.
(h) Hearings and Investigations.--In carrying out this title and
section 403, the Secretary may--
(1) conduct any investigation or other inquiry necessary
and appropriate;
(2) conduct, after notice, any necessary and appropriate
hearing or audit under rules prescribed by the Secretary; and
(3) administer oaths and issue subpoenas in conducting such
proceedings.
(i) Civil Penalties.--
(1) Failure to comply with applicable law, rules or
regulations, or to permit inspection.--
(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--
(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; or
(ii) fails or refuses to permit inspection
authorized under this title.
(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--
(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); or
(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).
(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.
(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--
(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);
(B) fails or refuses to permit lawful entry,
inspection, or audit; or
(C) knowingly or willfully fails to comply with
subsection (b)(2)(C).
(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--
(A) knowingly or willfully prepares, maintains, or
submits false, inaccurate, or misleading reports,
notices, affidavits, records, data, or other written
information;
(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; or
(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.
(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.
(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.
(7) Compromise or reduction of penalties.--On a case-by-
case basis, the Secretary may compromise or reduce civil
penalties under this subsection.
(8) Notice.--
(A) In general.--Notice under this subsection shall
be by personal service by an authorized representative
of the Secretary or by registered mail.
(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.
(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.
(10) Review.--
(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.
(B) Basis for review.--Review by the district court
shall be only on the administrative record and not de
novo.
(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.
(11) Failure to pay penalty.--
(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).
(B) Application.--Subparagraph (A) applies--
(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); or
(ii) after a court in an action brought
under paragraph (10) has entered a final
judgment in favor of the Secretary.
(C) Order to pay.--Judgment by the court shall
include an order to pay.
(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.
(k) Effective Date.--
(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.
(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).
(l) Injunction and Specific Enforcement Authority.--
(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--
(A) to restrain any violation of this title or
section 403; or
(B) to compel the taking of any action required by
or under this title or section 403.
(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.
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.
(b) Topics.--The report shall address--
(1) the total revenues received (by category) on an annual
basis as--
(A) claim maintenance fees;
(B) location fees;
(C) land use fees;
(D) royalties and related payments; and
(E) abandoned mine land fees;
(2) the disposition of the fees and royalties, including--
(A) the amount used for mining law program
administration; and
(B) the amount used for abandoned mine land
reclamation, including allocation by State and Indian
tribe;
(3) the effectiveness of the program under this Act in
addressing abandoned mine land problems on Federal and non-
Federal land;
(4) any impact on domestic locatable mineral exploration
and production as a result of the fees and royalties; and
(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.
TITLE III--MINERAL ACTIVITIES
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.
(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.
(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.
(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).
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.
(b) Limitations.--An exploration permit under subsection (a) shall
not authorize the person to--
(1) remove any mineral for sale; or
(2) conduct any activity other than an activity required
for--
(A) exploration for locatable minerals; or
(B) reclamation.
(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--
(1) an exploration plan demonstrating that--
(A) the applicant will operate in accordance with
this Act and applicable regulations;
(B) the formation of acid mine drainage will be
avoided to the maximum extent practicable; and
(C) mineral activities will be conducted in a
manner that uses best management practices;
(2) a description of potential impacts to groundwater and
surface water, including appropriate hydrological assessments
and analyses, as reasonably required by the Secretary;
(3) a reclamation plan for the proposed exploration
activity demonstrating that the applicant will conduct
reclamation activities in accordance with section 306;
(4) evidence of adequate financial assurance in accordance
with section 304;
(5) the necessary documentation to demonstrate that the
proposed exploration activity will comply with applicable
Federal and State environmental laws (including regulations);
(6) a monitoring and evaluation plan to ensure compliance
with reclamation and other requirements of this Act; and
(7) any other relevant information determined by the
Secretary to be necessary to satisfy the requirements of this
Act and other applicable law.
(d) Permit Issuance.--
(1) Approval.--
(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--
(i) this Act;
(ii) any regulations promulgated under this
Act; and
(iii) any other applicable laws.
(B) Conditions.--The Secretary concerned may
reasonably condition the approval of such a permit to
satisfy the requirements of this Act and applicable
regulations.
(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--
(A) this Act;
(B) any regulations promulgated under this Act; or
(C) other applicable laws.
(3) Notice.--Before approving or denying an exploration
permit under this subsection, the Secretary concerned--
(A) shall provide public notice and an opportunity
for written comment; and
(B) may hold a public hearing.
(e) Modifications to Permit.--
(1) In general.--The permit holder may submit to the
Secretary concerned an application to modify an exploration
permit.
(2) Approval.--
(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.
(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.
(3) Modifications from secretary concerned.--
(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.
(B) Requirements for determination.--A
determination under subparagraph (A) shall be--
(i) based on a written finding; and
(ii) subject to notice and hearing
requirements established by the Secretary
concerned.
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.
(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--
(1) a description of the condition of the land and water
resources of the area before mining activities are initiated;
(2) an operations plan demonstrating that--
(A) the applicant will operate in accordance with
this Act and applicable regulations;
(B) the formation of acid mine drainage will be
avoided to the maximum extent practicable; and
(C) mineral activities will be conducted in a
manner that uses best management practices;
(3) a description of potential impacts to groundwater and
surface water, including appropriate hydrological assessments
and analyses, as reasonably required by the Secretary;
(4) a reclamation plan for the proposed mineral activities
demonstrating that the applicant will conduct reclamation
activities in accordance with section 306;
(5) evidence of adequate financial assurance under section
304, including, if required, a trust fund as required under
section 304(i);
(6) the necessary documentation to demonstrate that the
proposed mineral activities will comply with applicable Federal
and State environmental laws (including regulations);
(7) a monitoring and evaluation plan to ensure compliance
with reclamation and other requirements of this Act; and
(8) any other relevant information determined by the
Secretary concerned to be necessary to satisfy the requirements
of this Act and other applicable law.
(c) Permit Issuance.--
(1) Approval.--
(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--
(i) this Act;
(ii) any regulations promulgated under this
Act; and
(iii) other applicable laws.
(B) Conditions.--The Secretary concerned may
reasonably condition the approval of such a permit to
satisfy the requirements of this Act and applicable
regulations.
(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--
(A) this Act;
(B) any regulations promulgated under this Act; or
(C) other applicable laws.
(3) Notice.--Before approving or denying a mining permit
under this subsection, the Secretary concerned--
(A) shall provide public notice and an opportunity
for written comment; and
(B) may hold a public hearing.
(d) Term of Permit; Continuation.--
(1) In general.--An operations permit shall--
(A) be for a term of 30 years; and
(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.
(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.
(e) Modifications to Permit.--
(1) Request from permit holder.--
(A) In general.--A mining permit holder may submit
to the Secretary concerned an application to modify the
mining permit.
(B) Approval.--
(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.
(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.
(2) Modifications from secretary concerned.--
(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.
(B) Requirements for determination.--A
determination under subparagraph (A) shall be--
(i) based on a written finding; and
(ii) subject to notice and hearing
requirements established by the Secretary
concerned.
(f) Land Use Fees.--
(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.
(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).
(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.
(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).
(5) Disposition of funds.--Any amounts received under this
subsection shall be deposited in the Fund.
(g) Temporary Cessation of Operations.--
(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--
(A) the Secretary concerned has approved the
temporary cessation; or
(B) the temporary cessation is permitted under the
exploration or mining permit.
(2) Multiple temporary cessations.--The Secretary concerned
may approve more than 1 temporary cessation for mineral
activities under a permit.
(3) Interim management plan.--Any operator temporarily
ceasing mineral activities shall follow an interim management
plan approved by the Secretary concerned.
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.
(b) Land and Water Covered.--The financial assurance shall cover--
(1) all land within the initial permit area;
(2) all affected water that may require restoration,
treatment, or other management as a result of mineral
activities; and
(3) all land added and water affected pursuant to any
permit modification.
(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--
(1) review the financial assurance to determine if the
amount of the financial assurance is adequate for purposes of
this section; and
(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.
(d) Reduction.--
(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.
(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).
(e) Incremental Financial Assurance.--
(1) In general.--The Secretary concerned may authorize
amounts of financial assurance for incremental mineral
activities if--
(A) no mineral activities are allowed beyond the
activities for which financial assurance is provided;
(B) the financial assurance for an increment covers
all reclamation costs within the permit area for the
increment; and
(C) the amount and terms of the financial assurance
for each increment are reviewed annually.
(2) Review.--Notwithstanding subsection (c), the Secretary
concerned shall--
(A) review at least on an annual basis the amount
and terms of the financial assurance for any increment;
and
(B) adjust the financial assurance as appropriate.
(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).
(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--
(1) reclamation covered by the financial assurance has been
accomplished as required by this Act and other applicable law;
and
(2) the terms and conditions of any other applicable
Federal and State requirements have been fulfilled.
(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--
(1) the discharge has ceased for a period of at least 5
years, as determined through ongoing monitoring and testing; or
(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.
(i) Long-Term Financial Assurances.--
(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.
(2) Long-term funding mechanisms.--
(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.
(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.
(C) Liability.--Nothing in this paragraph allows
any person to transfer any liability arising from
mineral activities to any other person.
(j) Report.--
(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.
(2) Topics.--The report shall address--
(A) methods for establishing financial assurances
levels;
(B) the type, level, and adequacy of financial
assurances required for exploration activities;
(C) for each mine on Federal land--
(i) the dates of approval of any plan of
operation or mining permit;
(ii) the acreage involved;
(iii) the expected life of the mine;
(iv) the type, level, and adequacy of
financial assurance; and
(v) whether the mine is expected to require
long-term water treatment or maintenance after
mine closure;
(D) the effectiveness of various types of financial
assurances; and
(E) the availability of and costs associated with
various types of financial assurances.
(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).
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.
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--
(1) the uses that the land and water was capable of
supporting before surface disturbance by the operator; or
(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.
(b) Timing.--
(1) In general.--Reclamation activities shall be carried
out as contemporaneously as practicable with the conduct of
mineral activities.
(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.
(c) Administration of Land.--Notwithstanding section 302(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)), the
first section of the Act of June 4, 1897 (commonly known as the
``Organic Act of 1897'') (16 U.S.C. 478), or the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and
in accordance with this title and applicable law, unless expressly
stated otherwise in this Act, the Secretary concerned--
(1) shall ensure that mineral activities on any Federal
land that is subject to a mining claim, millsite claim, or
tunnel site claim are carefully controlled to prevent undue
degradation of public land and resources; and
(2) shall not grant permission to engage in mineral
activities if the Secretary concerned, after considering the
evidence, makes a determination that undue degradation would
result from those activities.
(d) Operation and Reclamation Standards.--The Secretary and the
Secretary of Agriculture shall jointly promulgate regulations that
carry out this Act.
(e) Relationship to Other Laws.--The requirements of this Act shall
be in addition to any requirements applicable to mineral activities
under--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(2) the National Forest Management Act of 1976 (16 U.S.C.
472a et seq.); and
(3) the Act of June 4, 1897 (commonly known as the
``Organic Act of 1897'') (16 U.S.C. 473-482, 551).
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--
(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''; and
(2) by adding at the end the following:
``(4) Review of land.--
``(A) Definition of national conservation system
unit.--In this paragraph, the term `National
Conservation System unit' means--
``(i) any unit of--
``(I) the National Park System;
``(II) the National Wildlife Refuge
System; or
``(III) the National Wild and
Scenic Rivers System;
``(ii) a National Monument; or
``(iii) a National Conservation Area.
``(B) Review.--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--
``(i) public land designated as a
wilderness study area or National Forest System
land identified as suitable for wilderness
designation;
``(ii) areas of critical environmental
concern;
``(iii) Federal land in which mineral
activities pose a reasonable likelihood of
substantial adverse impacts on National
Conservation system units;
``(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.);
``(II) areas designated for potential
addition to the System pursuant to section 5(a)
of that Act (16 U.S.C. 1276(a)); and
``(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)); and
``(v)(I) inventoried roadless areas (as
defined in section 294.11 of title 36, Code of
Federal Regulations (or successor
regulations));
``(II) Idaho Roadless Areas (as defined in
section 294.21 of title 36, Code of Federal
Regulations (or successor regulations)); and
``(III) Colorado Roadless Areas (as defined
in section 294.41 of title 36, Code of Federal
Regulations (or successor regulations)).
``(5) Withdrawals of land.--
``(A) In general.--Subsequent to review in
accordance with paragraph (4)(B), 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).
``(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.
``(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.
``(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).
``(6) Petition for review.--The Governor of a State, the
head of an Indian tribe, or an appropriate local government
official may petition--
``(A) the Secretary concerned to direct the local
Federal land manager to undertake a review under
paragraph (4); and
``(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).''.
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.
SEC. 309. INSPECTION AND MONITORING.
(a) Inspections.--
(1) In general.--The Secretary concerned shall make
inspections of mineral activities to ensure compliance with
this Act.
(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.
(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.
(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.
(5) Financial assurance.--Inspections shall continue under
this subsection until the final release of financial assurance.
(b) Monitoring.--The Secretary concerned shall require all
operators--
(1) to develop and maintain a monitoring and evaluation
system to identify compliance with all requirements of a permit
approved under this Act; and
(2) to submit such reports as may be required by the
Secretary concerned.
SEC. 310. TRIBAL CONSULTATION.
(a) In General.--Consistent with Executive Order 13175 (25 U.S.C.
5301 note; relating to consultation and coordination with Indian Tribal
governments) and all other applicable Federal law, the Secretary
concerned shall conduct active, meaningful, and timely consultation
with all applicable Indian tribes prior to undertaking or issuing a
permit for any mineral activity that may affect--
(1) Indian land; or
(2) land that is not Indian land but is--
(A) within the exterior boundaries of Indian
country (as defined in section 1151 of title 18, United
States Code); or
(B) land to which an Indian tribe attaches
religious or cultural significance.
(b) Timing.--
(1) In general.--Except as provided in paragraph (2), each
consultation required for a mineral activity under subsection
(a) shall be completed before--
(A) any Federal funds are expended for the mineral
activity; and
(B) the issuance of any permit for the mineral
activity.
(2) Exception.--Paragraph (1) shall not apply to
nondestructive project planning for a mineral activity.
(c) Requirements.--The Secretary concerned shall ensure that
consultation with an Indian tribe under this section--
(1) provides the Indian tribe a reasonable opportunity--
(A) to identify any concerns of the Indian tribe;
(B) to advise on the identification and evaluation
of other areas that potentially would be impacted by
the mineral activities, including areas of traditional
religious or cultural importance;
(C) to articulate the views of the Indian tribe
regarding the direct and indirect effects of the
mineral activities on the areas identified and
evaluated under subparagraph (B); and
(D) to participate in the resolution of any
potential adverse effects of the mineral activities;
(2) includes consultation with the representatives
designated or identified by the Indian tribe;
(3) recognizes that the relationship between the Federal
Government and Indian tribes--
(A) is a government-to-government relationship; and
(B) is a unique legal relationship, as provided
under the Constitution of the United States, treaties,
laws, and court decisions; and
(4) is conducted in a manner--
(A) sensitive to the concerns and needs of the
Indian tribe; and
(B) respectful of Tribal sovereignty.
(d) Effect.--Nothing in this section--
(1) alters, amends, repeals, interprets, or modifies Tribal
sovereignty or the treaty or other rights of any Indian tribe;
or
(2) preempts, modifies, or limits the exercise of Tribal
sovereignty or the treaty or other rights of any Indian tribe.
TITLE IV--HARDROCK MINERALS RECLAMATION FUND
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--
(1) any amounts received by the United States under section
101;
(2) any amounts collected under section 102 (subject to the
requirements of section 102(c)(1));
(3) any amounts donated to the Fund by persons,
corporations, associations, and foundations;
(4) any amounts collected under section 201;
(5) any amounts collected under section 303(e);
(6) any amounts collected under section 403;
(7) any amounts collected under sections 203 and 502; and
(8) any income on investments under subsection (b).
(b) Investment.--
(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.
(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.
(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.
(c) Administration.--The Fund shall be administered by the
Secretary, acting through the Director of the Office of Surface Mining
Reclamation and Enforcement.
(d) Expenditures.--Subject to section 402, amounts in the Fund may,
without fiscal year limitation and without further appropriation--
(1) be expended by the Secretary for the purposes described
in section 402;
(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; or
(3) be transferred by the Secretary to an Indian tribe or a
State with an approved reclamation program, as provided in
subsection (e).
(e) State and Tribal Reclamation Programs.--
(1) In general.--Each State having within the borders of
the State, or Indian tribe having within the borders of the
reservation of the Indian tribe, mined land that is eligible
for reclamation under this title may submit to the Secretary a
reclamation program for the land.
(2) Approval.--If the Secretary determines that a State or
Indian 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--
(A) approve the program; and
(B) grant to the State or Indian tribe the
exclusive responsibility and authority to implement the
approved program.
(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.
(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.
SEC. 402. USE AND OBJECTIVES OF THE FUND.
(a) Use.--
(1) In general.--The Secretary may, without fiscal year
limitation and without further appropriation, 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--
(A) to protect public health and safety;
(B) to prevent, abate, treat, and control water
pollution created by abandoned mine drainage, including
activities conducted in watersheds;
(C) to reclaim and restore abandoned surface and
underground mined areas;
(D) to reclaim and restore abandoned milling and
processing areas;
(E) to backfill, seal, or otherwise control
abandoned underground mine entries;
(F) to revegetate land adversely affected by past
mining activities--
(i) to prevent erosion and sedimentation;
and
(ii) for any other reclamation purpose;
(G) to control surface subsidence due to abandoned
underground mines; and
(H) to enhance fish and wildlife habitat.
(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.
(b) Allocation.--Of the amounts deposited in the Fund each fiscal
year--
(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;
(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;
(3) 25 percent shall be allocated by the Secretary for
expenditure on Federal land;
(4) 10 percent shall be available to the Secretary for
grants under subsection (e);
(5) 10 percent shall be available to the Secretary for
grants under subsection (f); and
(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.
(c) Priorities.--
(1) In general.--Subject to paragraph (2), expenditures
from the Fund shall be based on the following priorities:
(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.
(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.
(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).
(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).
(d) Eligible Land and Water.--
(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--
(A) affected by hardrock mineral mining activities;
and
(B) abandoned or left in an inadequate reclamation
status.
(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.
(3) Inventory.--
(A) In general.--The Secretary shall--
(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;
and
(ii) submit to Congress an annual report
that describes the progress in reclaiming the
sites listed on the inventory.
(B) Maximum expenditure.--The Secretary shall
expend not more than $5,000,000 to carry out the
inventory required by this paragraph.
(e) Grants to Certain States and Indian Tribes.--
(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) and Indian tribes
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).
(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.
(3) Criteria.--The Secretary shall establish by regulation
the procedures and criteria for awarding grants under this
subsection, which shall include--
(A) consistency with the priorities established
under subsection (c)(1); and
(B) priority for those projects for which Federal
funding is not available under other laws or programs.
(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--
(1) improve water quality and quantity;
(2) restore watersheds in which historic mining dewatered
or otherwise fragmented stream habitats;
(3) restore instream habitat conditions necessary to
support aquatic species;
(4) restore vegetative cover and streamside areas to
control erosion and improve conditions for fish and wildlife;
(5) control and remove noxious weeds and invasive species
associated with historic mining disturbances that affect fish
and wildlife;
(6) restore fish and wildlife habitat in cases in which
previous hardrock minerals and mining activity limits fish and
wildlife productivity;
(7) protect and restore fish and wildlife habitat in areas
affected by historic minerals and mining activity; and
(8) mitigate impacts to watersheds affected by past
hardrock minerals and mining activities.
(g) Response or Removal Actions.--
(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.
(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--
(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.); or
(B) to the maximum extent practicable, avoids
oversight by multiple agencies.
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 1 percent, and not more than 3 percent, of the value
of the production from the hardrock minerals mining operation for each
calendar year.
(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).
(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.
(d) Deposit of Revenues.--Amounts received by the Secretary under
subsection (a) shall be deposited into the Fund.
(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.
TITLE V--TRANSITION RULES, ADMINISTRATIVE PROVISIONS, AND MISCELLANEOUS
PROVISIONS
SEC. 501. TRANSITION RULES.
(a) Applicability.--
(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.
(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--
(A) during the 10-year period beginning on the date
of enactment of this Act--
(i) mineral activities at the claim or site
shall be subject to the plan of operations or
notice of operations; and
(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; and
(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.
(3) Fees.--Except as provided in sections 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--
(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;
(B) all land covered by a plan of operations or a
notice of operations, exploration permit, or mining
permit; and
(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.
(b) Application of Act to Beneficiation and Processing of Non-
Federal Minerals on Federal Land.--
(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.
(2) Applicability.--This subsection applies only to
minerals that--
(A) are locatable minerals; or
(B) would be locatable minerals if the legal and
beneficial title to the minerals were held by the
United States.
SEC. 502. ENFORCEMENT.
(a) Orders.--
(1) Notice of violation.--
(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.
(B) Abatement period.--
(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.
(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.
(2) Cessation order.--
(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--
(i) an imminent danger to the health or
safety of the public; or
(ii) significant, imminent harm to land,
air, water, or fish or wildlife resources.
(B) Requirements.--
(i) In general.--A cessation order issued
under subparagraph (A) shall remain in effect
until the Secretary concerned--
(I) determines that the condition,
practice, or violation has been abated;
or
(II) modifies, vacates, or
terminates the cessation order.
(ii) Abatement.--In any cessation order
issued under subparagraph (A), the Secretary
concerned shall--
(I) identify the steps necessary to
abate the violation in the most
expeditious manner practicable; and
(II) require appropriate financial
assurances to ensure that the abatement
obligations are met.
(C) Enforcement.--
(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.
(ii) Effect.--Nothing in this subparagraph
precludes the Secretary concerned from taking
alternative enforcement action before the date
described in clause (i).
(3) Modifications.--The Secretary concerned may modify,
vacate, or terminate any notice or order issued under paragraph
(1) or (2).
(4) Forfeiture.--
(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.
(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.
(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.
(b) Civil Penalties.--
(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.
(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.
(3) Maximum amount.--The penalty shall not exceed $5,000
for each violation.
(4) Continuing violations.--Each day of continuing
violation may be considered a separate violation for purposes
of penalty assessments.
(5) Factors affecting amount.--In determining the amount of
the penalty for a violation by a person, the Secretary
concerned shall consider--
(A) the history of the person of previous
violations;
(B) the seriousness of the violation, including any
irreparable harm to the environment and any hazard to
the health or safety of the public;
(C) whether the person was negligent; and
(D) the demonstrated good faith of the person
charged in attempting to achieve rapid compliance after
notification of the violation.
(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).
(c) Administrative Review.--
(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.
(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.
(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--
(A) issued a notice of violation under subsection
(a)(1);
(B) issued a cessation order under subsection
(a)(2); or
(C) subject to civil penalties under subsection
(b).
(d) Civil Action.--
(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--
(A) violates, fails, or refuses to comply with any
notice or order issued by the Secretary concerned under
subsection (a); or
(B) interferes with, hinders, or delays the
Secretary concerned in carrying out an inspection under
section 309.
(2) Relief.--
(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.
(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.
(e) Criminal Penalties.--
(1) False statements; tampering.--
(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--
(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; or
(ii) falsifies, tampers with, renders
inaccurate, or fails to install any monitoring
device or method required to be maintained
under this Act.
(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.
(2) Knowing violations.--
(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--
(i) engages in mineral activities without a
permit if required under section 302 or 303; or
(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.
(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.
(f) Delegation.--Notwithstanding any other provision of law, the
Secretary may use personnel of the Office of Surface Mining Reclamation
and Enforcement or the Bureau of Land Management to ensure compliance
with this Act.
SEC. 503. JUDICIAL REVIEW.
(a) Rulemaking.--
(1) In general.--The following shall be subject to judicial
review only in the United States Court of Appeals for the
District of Columbia:
(A) Any final action by the Secretary concerned in
promulgating regulations to carry out this Act.
(B) Any other final actions considered to be a
rulemaking to carry out this Act.
(2) Deadline.--A petition for review of any action subject
to judicial review under paragraph (1) shall be filed not later
than 60 days after the date of the action unless the petition
is based solely on grounds arising after the 60-day period.
(b) Final Agency Action.--Except as provided in subsection (a),
final agency action under this Act shall be subject to judicial review
in the district courts of the United States in accordance with section
1391 of title 28, United States Code.
SEC. 504. UNCOMMON VARIETIES.
(a) Determinations.--Section 3 of the Act of July 23, 1955 (30
U.S.C. 611), is amended--
(1) by striking ``Sec. 3. No deposit'' and inserting the
following:
``SEC. 3. COMMON VARIETIES OF MINERAL MATERIALS.
``(a) In General.--No deposit'';
(2) in the first sentence--
(A) by inserting ``mineral materials, including''
after ``varieties of''; and
(B) by striking ``or cinders'' and inserting
``cinders, and clay'';
(3) by striking ```Common varieties' as used in this Act
does not'' and inserting the following:
``(c) Definitions.--In this Act:
``(1) Common varieties.--The term `common varieties' does
not'';
(4) by striking ```Petrified wood' as used in this Act
means'' and inserting the following:
``(2) Petrified wood.--The term `petrified wood' means'';
and
(5) by inserting after subsection (a) the following:
``(b) Disposal of Mineral Materials.--
``(1) Definition of valid existing rights.--In this
subsection, the term `valid existing rights' means rights to a
mining claim located for any mineral material that--
``(A) had and still has some property giving
mineral material the distinct and special value
referred to in this section or, as the case may be, met
the definition of block pumice referred to in
subsection (c)(1);
``(B) was properly located and maintained under the
general mining laws prior to the date of enactment of
this subsection;
``(C) was supported by a discovery of a valuable
mineral deposit within the meaning of the general
mining laws as in effect immediately prior to the date
of enactment of this subsection; and
``(D) continues to be valid under this Act.
``(2) Disposal.--Subject to valid existing rights,
effective beginning on the date of enactment of this
subsection, notwithstanding the references to the term common
varieties in this section and to the exception to the term
relating to a deposit of materials with some property giving it
distinct and special value, all deposits of mineral materials
referred to in this section (including the block pumice
referred to in subsection (c)(1)) shall be subject to disposal
only under the terms and conditions of the Act of July 31, 1947
(commonly known as the `Materials Act of 1947') (30 U.S.C. 601
et seq.).''.
(b) Conforming Amendment.--The first section of the Act of July 31,
1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601),
is amended in the first sentence by striking ``common varieties of''.
SEC. 505. REVIEW OF URANIUM DEVELOPMENT ON FEDERAL LAND.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means land administered by the Secretary or the
Secretary of Agriculture.
(b) Review.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Agriculture, shall enter into an arrangement under
which the National Academy of Sciences shall conduct a study of
uranium development on Federal land.
(2) Matters to be addressed.--The study shall describe and
analyze--
(A) the laws applicable to the development of
uranium on Federal land and the agencies responsible
for administering and enforcing those laws;
(B) the requirements relating to the development of
uranium under sections 2318 through 2352 of the Revised
Statutes (commonly known and referred to in this
section as the ``Mining Law of 1872'') (30 U.S.C. 21 et
seq.);
(C) the requirements relating to the development of
uranium under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.);
(D) the uranium leasing program administered by the
Department of Energy under that Act;
(E) the requirements relating to the approval of
uranium in-situ leasing recovery and the licensing
process required by the Nuclear Regulatory Commission;
(F) the efficacy of bonds or other forms of
financial surety in ensuring the reclamation of Federal
land and associated waters impacted by the development
of uranium; and
(G) the efficacy of Federal law in protecting
public health and safety and the environment from
impacts due to the development of uranium on Federal
land.
(c) Recommendations.--The study shall--
(1) analyze the effectiveness of current Federal
requirements applicable to the exploration, development, and
production of uranium on Federal land in allowing for the
production of uranium while ensuring protection of public
health and safety and the environment; and
(2) make recommendations as to changes, if any, to Federal
law (including regulations) and agency procedures relating to
the development of uranium resources on Federal land to allow
for the production of uranium while ensuring protection of
public health and safety and the environment, including
specific recommendations on whether--
(A) future development of uranium on Federal land
should be--
(i) removed from operation of the Mining
Law of 1872; and
(ii) subject to leasing;
(B) additional requirements (including additional
financial assurances or fees) should be applicable to
ensure reclamation of uranium mine sites, including
abandoned uranium mine sites; and
(C) whether additional land should be withdrawn
from location and entry of uranium mining claims by the
Secretary.
(d) Completion of Study.--The National Academy of Sciences shall--
(1) not later than 18 months after the date of enactment of
this Act, submit the findings and recommendations of the study
to the Secretary and the Secretary of Agriculture; and
(2) on completion of the study, make the results of the
study available to the public.
(e) Report.--Not later than 180 days after receiving the results of
the study, the Secretary, in consultation with the Secretary of
Agriculture, shall 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 on--
(1) the findings and recommendations of the study;
(2) the agreement or disagreement of the Secretaries with
each of the findings and recommendations of the study; and
(3)(A) a plan and timeframe for implementing those
recommendations of the study that do not require legislation;
or
(B) if the Secretary declines to implement a
recommendation, the justification for declining to implement
the recommendation.
SEC. 506. EFFECT.
(a) Special Application of General Mining Laws.--
(1) In general.--Nothing in this Act repeals or modifies
any Federal law (including regulations), order, or land use
plan in effect before the date of enactment of this Act that
prohibits or restricts the application of the general mining
laws, including laws that provide for special management
criteria for operations under the general mining laws as in
effect before the date of enactment of this Act, and laws that
provide protections of natural and cultural resources and the
environment that are equal to or greater than the protections
required under this Act.
(2) Existing laws.--Any law described in paragraph (1)
shall remain in force and effect with respect to claims and
sites located or proposed to be located under this Act.
(3) Mineral investigations.--Nothing in this Act applies to
or limits mineral investigations, studies, or other mineral
activities conducted by any Federal or State agency acting in a
governmental capacity under other authorities.
(b) Environmental Laws.--Nothing in this Act affects or limits any
assessment, investigation, evaluation, or listing under--
(1) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(2) the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.).
(c) Effect on General Mining Laws.--
(1) In general.--This Act supersedes the general mining
laws, except for the provisions of the general mining laws
relating to the location of mining claims that are not
expressly modified by this Act.
(2) Limitation.--Nothing in this Act supersedes, modifies,
amends, or repeals any provision of Federal law not expressly
superseded, modified, amended, or repealed by this Act, other
than the general mining laws.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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