,i #aacth ,,congress #ast ,session ,h4 ,r4 #bdfg ,,in ,,the ,,house ,,of ,,representatives ,june #bj1 #bjac ,mr4 ,markey 7for himself1 ,mr4 ,holt1 and ,mr4 ,grijalva7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to provide that production of all locatable minerals from mining claims located under the general mining laws1 or mineral concentrates or products derived from locatable minerals from such mining claims1 shall be subject to a royalty of #ab4e percent of the gross income from mining1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,abandoned ,mine ,lands ,cleanup and ,taxpayer ,fairness ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,hardrock ,mining ,reform ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,definitions and references4 ,sec4 #ajc4 ,application rules4 ,subtitle ,a--,mineral ,exploration and ,development ,sec4 #aaa4 ,royalty4 ,sec4 #aab4 ,hardrock mining claim maintenance fee4 ,sec4 #aac4 ,effect of payments for use and occupancy of claims4 ,sec4 #aad4 ,limitation on patents4 ,subtitle ,b--,protection of ,special ,places ,sec4 #aba4 ,lands open to location4 ,sec4 #abb4 ,withdrawal petitions by ,states1 political subdivisions1 and ,indian tribes4 ,subtitle ,c--,environmental ,considerations of ,mineral ,exploration and ,development ,sec4 #aca4 ,general standard for hardrock mining on ,federal land4 ,sec4 #acb4 ,permits4 ,sec4 #acc4 ,exploration permit4 ,sec4 #acd4 ,operations permit4 ,sec4 #ace4 ,persons ineligible for permits4 ,sec4 #acf4 ,financial assurance4 ,sec4 #acg4 ,operation and reclamation4 ,sec4 #ach4 ,state law and regulation4 ,sec4 #aci4 ,limitation on the issuance of permits4 ,subtitle ,d--,administrative and ,miscellaneous ,provisions ,sec4 #ada4 ,policy functions4 ,sec4 #adb4 ,user fees4 ,sec4 #adc4 ,inspection and monitoring4 ,sec4 #add4 ,citizens suits4 ,sec4 #ade4 ,administrative and judicial review4 ,sec4 #adf4 ,enforcement4 ,sec4 #adg4 ,regulations4 ,sec4 #adh4 ,effective date4 ,sec4 #adi4 ,savings clause4 ,sec4 #aej4 ,availability of public records4 ,sec4 #aea4 ,miscellaneous powers4 ,sec4 #aeb4 ,multiple mineral development and surface resources4 ,sec4 #aec4 ,mineral materials4 ,title ,,ii--,abandoned ,mine ,reclamation ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions and references4 ,subtitle ,a--,hardrock ,mining ,reclamation ,sec4 #baa4 ,displaced material reclamation fee4 ,sec4 #bab4 ,fees adjustments4 ,subtitle ,b--,abandoned ,mine ,cleanup ,fund ,sec4 #bba4 ,establishment of fund4 ,sec4 #bbb4 ,use and objectives of the fund4 ,sec4 #bbc4 ,eligible lands and waters4 ,subtitle ,c--,administrative ,provisions ,sec4 #bca4 ,effective date4 ,sec4 #bcb4 ,fees adjustments4 ,sec4 #bcc4 ,inspection and monitoring4 ,sec4 #bcd4 ,regulations4 ,sec4 #bce4 ,availability of public records4 ,i ,hardrock ,mining ,reform #aja4 ,short title ,this title may be cited as the ,mining ,reform and ,deficit ,reduction ,act of #bjac4 #ajb4 ,definitions and references 7a7 ,in general ,as used in this title3 7#a7 ,the term affiliate means with respect to any person1 any of the following3 7,a7 ,any person who controls1 is controlled by1 or is under common control with such person4 7,b7 ,any partner of such person4 7,c7 ,any person owning at least #aj percent of the voting shares of such person4 7#b7 ,the term applicant means any person applying for a permit under this title or a modification to or a renewal of a permit under this title4 7#c7 ,the term beneficiation means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents1 including but not necessarily limited to1 physical and chemical separation techniques4 7#d7 ,the term casual use-- 7,a7 subject to subparagraphs 7,b7 and 7,c71 means mineral activities that do not ordinarily result in any disturbance of public lands and resources2 7,b7 includes collection of geochemical1 rock1 soil1 or mineral specimens using handtools1 hand panning1 or nonmotorized sluicing2 and 7,c7 does not include-- 7i7 the use of mechanized earth-moving equipment1 suction dredging1 or explosives2 7ii7 the use of motor vehicles in areas closed to off-road vehicles2 7iii7 the construction of roads or drill pads2 and 7iv7 the use of toxic or hazardous materials4 7#e7 ,the term claim holder means a person holding a mining claim1 millsite claim1 or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this title4 ,such term may include an agent of a claim holder4 7#f7 ,the term control means having the ability1 directly or indirectly1 to determine 7without regard to whether exercised through one or more corporate structures7 the manner in which an entity conducts mineral activities1 through any means1 including without limitation1 ownership interest1 authority to commit the entity's real or financial assets1 position as a director1 officer1 or partner of the entity1 or contractual arrangement4 7#g7 ,the term exploration-- 7,a7 subject to subparagraphs 7,b7 and 7,c71 means creating surface disturbance other than casual use1 to evaluate the type1 extent1 quantity1 or quality of minerals present2 7,b7 includes mineral activities associated with sampling1 drilling1 and analyzing locatable mineral values2 and 7,c7 does not include extraction of mineral material for commercial use or sale4 7#h7 ,the term ,federal land means any land1 and any interest in land1 that is owned by the ,united ,states and open to location of mining claims under the general mining laws and subtitle ,b of this title4 7#i7 ,the term ,indian lands means lands held in trust for the benefit of an ,indian tribe or individual or held by an ,indian tribe or individual subject to a restriction by the ,united ,states against alienation4 7#aj7 ,the term ,indian tribe means any ,indian tribe1 band1 nation1 pueblo1 or other organized group or community1 including any ,alaska ,native village or regional corporation as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#aa7 ,the term locatable mineral-- 7,a7 subject to subparagraph 7,b71 means any mineral1 the legal and beneficial title to which remains in the ,united ,states and that is not subject to disposition under any of-- 7i7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7ii7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 7iii7 the ,act of ,july #ca1 #aidg1 commonly known as the ,materials ,act of #aidg 7#cj ,u4,s4,c4 #fja et seq472 or 7iv7 the ,mineral ,leasing for ,acquired ,lands ,act 7#cj ,u4,s4,c4 #cea et seq472 and 7,b7 does not include any mineral that is subject to a restriction against alienation imposed by the ,united ,states and is-- 7i7 held in trust by the ,united ,states for any ,indian or ,indian tribe1 as defined in section #b of the ,indian ,mineral ,development ,act of #aihb 7#be ,u4,s4,c4 #baja72 or 7ii7 owned by any ,indian or ,indian tribe1 as defined in that section4 7#ab7 ,the term mineral activities means any activity on a mining claim1 millsite claim1 or tunnel site claim for1 related to1 or incidental to1 mineral exploration1 mining1 beneficiation1 processing1 or reclamation activities for any locatable mineral4 7#ac7 ,the term mining claim-- 7,a7 subject to subparagraph 7,b71 means a claim located under the ,mining ,law of #ahgb within the boundaries of which exist locatable minerals the claimant intends to extract2 7,b7 does not include a claim located for the purpose of securing ,federal lands for a waste rock dump1 tailings pile1 or other purposes incident to processing locatable minerals extracted elsewhere4 7#ad7 ,the term ,national ,conservation ,system unit means any unit of the ,national ,park ,system1 ,national ,wildlife ,refuge ,system1 ,national ,wild and ,scenic ,rivers ,system1 or ,national ,trails ,system1 or a ,national ,conservation ,area1 a ,national ,recreation ,area1 a ,national ,monument1 or any unit of the ,national ,wilderness ,preservation ,system4 7#ae7 ,the term operator means any person proposing or authorized by a permit issued under this title to conduct mineral activities and any agent of such person4 7#af7 ,the term person means an individual1 ,indian tribe1 partnership1 association1 society1 joint venture1 joint stock company1 firm1 company1 corporation1 cooperative1 or other organization and any instrumentality of ,state or local government including any publicly owned utility or publicly owned corporation of ,state or local government4 7#ag7 ,the term processing means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product1 including smelting and electrolytic refining4 7#ah7 ,the term ,secretary means the ,secretary of the ,interior1 unless otherwise specified4 7#ai7 ,the term temporary cessation means a halt in mine-related production activities for a continuous period of no longer than #e years4 7#bj7 ,the term undue degradation means1 based on consideration of other resource values that may be affected1 the operation or proposed operation fails to comply with the performance standards in this title or can reasonably be expected to cause significant environmental harm to wildlife2 land1 air1 or water resources2 or scientific or cultural resources4 7#ba7 ,the term valid existing rights means a mining claim or millsite claim located on lands described in section #aba7;b71 that-- 7,a7 was properly located and maintained under the general mining laws prior to the date of enactment of this ,act2 7,b7 was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the date of enactment of this ,act1 and1 for millsite claims1 does not involve more than one mill site for every mining claim located for that operation2 and 7,c7 continues to be valid under this title4 7b7 ,references to other laws 7#a7 ,any reference in this title to the term general mining laws is a reference to those ,acts that generally comprise chapters #b1 #ab;,a1 and #af1 and sections #afa and #afb1 of title #cj1 ,united ,states ,code4 7#b7 ,any reference in this title to the ,act of ,july #bc1 #aiee1 is a reference to the ,act entitled ,an ,act to amend the ,act of ,july #ca1 #aidg 7#fa ,stat4 #fha7 and the mining laws to provide for multiple use of the surface of the same tracts of the public lands1 and for other purposes 7#cj ,u4,s4,c4 #fja et seq474 #ajc4 ,application rules 7a7 ,in general ,this title applies to any mining claim1 millsite claim1 or tunnel site claim located under the general mining laws1 before1 on1 or after the date of enactment of this ,act1 except as provided in subsection 7b74 7b7 ,preexisting claims 7#a7 ,any unpatented mining claim or millsite claim located under the general mining laws before the date of enactment of this ,act for which a plan of operation has not been approved or a notice filed prior to the date of enactment shall1 upon the effective date of this title1 be subject to the requirements of this title1 except as provided in paragraphs 7#b7 and 7#c74 7#b7 7,a7 ,if a plan of operations is approved for mineral activities on any claim or site referred to in paragraph 7#a7 prior to the date of enactment of this ,act but such operations have not commenced prior to the date of enactment of this ,act-- 7i7 during the #e-year period beginning on the date of enactment of this ,act1 mineral activities at such claim or site shall be subject to such plan of operations2 7ii7 during such #e-year period1 modifications of any such plan may be made in accordance with the provisions of law applicable prior to the enactment of this ,act if such modifications are deemed minor by the ,secretary concerned2 and 7iii7 the operator shall bring such mineral activities into compliance with this title by the end of such #e-year period4 7,b7 ,where an application for modification of a plan of operations referred to in subparagraph 7,a77ii7 has been timely submitted and an approved plan expires prior to ,secretarial action on the application1 mineral activities and reclamation may continue in accordance with the terms of the expired plan until the ,secretary makes an administrative decision on the application4 7c7 ,federal lands subject to existing permit 7#a7 ,any ,federal land shall be subject to the requirements of section #aab7;a77#b7 if the land is-- 7,a7 subject to an operations permit2 and 7,b7 producing valuable locatable minerals in commercial quantities prior to the date of enactment of this ,act4 7#b7 ,any ,federal land added through a plan modification to an operations permit on ,federal land that is submitted after the date of enactment of this ,act shall be subject to the terms of section #aab7;a77#c74 7d7 ,application of title to beneficiation and processing of non-,federal minerals on ,federal lands ,the provisions of this title 7including the environmental protection requirements of subtitle ,c7 shall apply in the same manner and to the same extent to mining claims1 millsite claims1 and tunnel site claims used for beneficiation or processing activities or activities related to1 or incidental to1 such mineral activities for any mineral without regard to whether or not the legal and beneficial title to the mineral is held by the ,united ,states4 ,this subsection applies only to minerals that are locatable minerals or minerals that would be locatable minerals if the legal and beneficial title to such minerals were held by the ,united ,states4 ,a ,mineral ,exploration and ,development #aaa4 ,royalty 7a7 ,reservation of royalty 7#a7 ,in general ,subject to paragraph 7#b71 production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this title1 or mineral concentrates or products derived from locatable minerals from any such mining claim1 as the case may be1 shall be subject to a royalty of #ab4e percent of the gross income from mining4 ,the claim holder or any operator to whom the claim holder has assigned the obligation to make royalty payments under the claim and any person who controls such claim holder or operator shall be liable for payment of such royalties4 7#b7 ,federal land added to existing operations permit ,any ,federal land added through a plan modification to an operations permit that is submitted after the date of enactment of this ,act shall be subject to the royalty that applies to ,federal land under paragraph 7#a74 7#c7 ,deposit ,amounts received by the ,united ,states as royalties under this subsection shall be deposited into the ,treasury4 7b7 ,duties of claim holders1 operators1 and transporters 7#a7 ,a person-- 7,a7 who is required to make any royalty payment under this section shall make such payments to the ,united ,states at such times and in such manner as the ,secretary may by rule prescribe2 and 7,b7 shall notify the ,secretary1 in the time and manner as may be specified by the ,secretary1 of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim4 7#b7 ,any person paying royalties under this section shall file a written instrument1 together with the first royalty payment1 affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility4 ,such responsibility for the periods referred to in the preceding sentence shall include any and all additional amounts billed by the ,secretary and determined to be due by final agency or judicial action4 ,any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period4 7#c7 ,a person conducting mineral activities shall-- 7,a7 develop and comply with the site security provisions in the operations permit designed to protect from theft the locatable minerals1 concentrates or products derived therefrom which are produced or stored on a mining claim1 and such provisions shall conform with such minimum standards as the ,secretary may prescribe by rule1 taking into account the variety of circumstances on mining claims2 and 7,b7 not later than the #eth business day after production begins anywhere on a mining claim1 or production resumes after more than #ij days after production was suspended1 notify the ,secretary1 in the manner prescribed by the ,secretary1 of the date on which such production has begun or resumed4 7#d7 ,the ,secretary may by rule require any person engaged in transporting a locatable mineral1 concentrate1 or product derived there from to carry on his or her person1 in his or her vehicle1 or in his or her immediate control1 documentation showing1 at a minimum1 the amount1 origin1 and intended destination of the locatable mineral1 concentrate1 or product derived there from in such circumstances as the ,secretary determines is appropriate4 7c7 ,recordkeeping and reporting requirements 7#a7 ,a claim holder1 operator1 or other person directly involved in developing1 producing1 processing1 transporting1 purchasing1 or selling locatable minerals1 concentrates1 or products derived therefrom1 subject to this title1 through the point of royalty computation shall establish and maintain any records1 make any reports1 and provide any information that the ,secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section4 ,such records shall include1 but not be limited to1 periodic reports1 records1 documents1 and other data4 ,such reports may also include1 but not be limited to1 pertinent technical and financial data relating to the quantity1 quality1 composition volume1 weight1 and assay of all minerals extracted from the mining claim4 ,upon the request of any officer or employee duly designated by the ,secretary conducting an audit or investigation pursuant to this section1 the appropriate records1 reports1 or information that may be required by this section shall be made available for inspection and duplication by such officer or employee4 ,failure by a claim holder1 operator1 or other person referred to in the first sentence to cooperate with such an audit1 provide data required by the ,secretary1 or grant access to information may1 at the discretion of the ,secretary1 result in involuntary forfeiture of the claim4 7#b7 ,records required by the ,secretary under this section shall be maintained for #g years after release of financial assurance under section #acf unless the ,secretary notifies the operator that the ,secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period4 ,in any case when an audit or investigation is underway1 records shall be maintained until the ,secretary releases the operator of the obligation to maintain such records4 7d7 ,audits ,the ,secretary is authorized to conduct such audits of all claim holders1 operators1 transporters1 purchasers1 processors1 or other persons directly or indirectly involved in the production or sales of minerals covered by this title1 as the ,secretary deems necessary for the purposes of ensuring compliance with the requirements of this section4 ,for purposes of performing such audits1 the ,secretary shall1 at reasonable times and upon request1 have access to1 and may copy1 all books1 papers and other documents that relate to compliance with any provision of this section by any person4 7e7 ,cooperative agreements 7#a7 ,the ,secretary is authorized to enter into cooperative agreements with the ,secretary of ,agriculture to share information concerning the royalty management of locatable minerals1 concentrates1 or products derived therefrom1 to carry out inspection1 auditing1 investigation1 or enforcement 7not including the collection of royalties1 civil or criminal penalties1 or other payments7 activities under this section in cooperation with the ,secretary1 and to carry out any other activity described in this section4 7#b7 ,except as provided in paragraph 7#c77;,a7 of this subsection 7relating to trade secrets71 and pursuant to a cooperative agreement1 the ,secretary of ,agriculture shall1 upon request1 have access to all royalty accounting information in the possession of the ,secretary respecting the production1 removal1 or sale of locatable minerals1 concentrates1 or products derived therefrom from claims on lands open to location under this title4 7#c7 ,trade secrets1 proprietary1 and other confidential information protected from disclosure under section #eeb of title #e1 ,united ,states ,code1 popularly known as the ,freedom of ,information ,act1 shall be made available by the ,secretary to other ,federal agencies as necessary to assure compliance with this title and other ,federal laws4 ,the ,secretary1 the ,secretary of ,agriculture1 the ,administrator of the ,environmental ,protection ,agency1 and other ,federal officials shall ensure that such information is provided protection in accordance with the requirements of that section4 7f7 ,interest and substantial underreporting assessments 7#a7 ,in the case of mining claims where royalty payments are not received by the ,secretary on the date that such payments are due1 the ,secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section #ffba7;a77#b7 of the ,internal ,revenue ,code of #aihf4 ,in the case of an underpayment1 interest shall be computed and charged only on the amount of the deficiency and not on the total amount4 7#b7 ,if there is any underreporting of royalty owed on production from a claim for any production month by any person liable for royalty payments under this section1 the ,secretary shall assess a penalty of not greater than #be percent of the amount of that underreporting4 7#c7 ,for the purposes of this subsection1 the term underreporting means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported1 if the value that should have been reported is greater than the value that was reported4 7#d7 ,the ,secretary may waive or reduce the assessment provided in paragraph 7#b7 of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the ,secretary that an underreporting may have occurred1 or before #ij days after the date of the enactment of this section1 whichever is later4 7#e7 ,the ,secretary shall waive any portion of an assessment under paragraph 7#b7 of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that-- 7,a7 such person had written authorization from the ,secretary to report royalty on the value of the production on basis on which it was reported2 7,b7 such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported2 7,c7 such person previously had notified the ,secretary1 in such manner as the ,secretary may by rule prescribe1 of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting2 or 7,d7 such person meets any other exception which the ,secretary may1 by rule1 establish4 7g7 ,expanded royalty obligations ,each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals1 concentrates1 or products derived therefrom lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this title when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule1 regulation1 or order issued under this section4 7h7 ,gross income from mining defined ,for the purposes of this section1 for any locatable mineral1 the term gross income from mining has the same meaning as the term gross income in section #fac7;c7 of the ,internal ,revenue ,code of #aihf4 7i7 ,effective date ,the royalty under this section shall take effect with respect to the production of locatable minerals after the enactment of this ,act1 but any royalty payments attributable to production during the first #ab calendar months after the enactment of this ,act shall be payable at the expiration of such #ab-month period4 7j7 ,failure ,to comply with royalty requirements ,any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section #aji of the ,federal ,oil and ,gas ,royalty ,management ,act 7#cj ,u4,s4,c4 #agai7 to the same extent as if the claim located under the general mining laws and maintained in compliance with this title were a lease under that ,act4 7k7 ,use of amounts for deficit reduction ,notwithstanding any other provision of law1 any amounts received by the ,united ,states as royalties under this section shall be deposited in the ,treasury and used for ,federal budget deficit reduction or1 if there is no ,federal budget deficit1 for reducing the ,federal debt in such manner as the ,secretary of the ,treasury considers appropriate4 #aab4 ,hardrock mining claim maintenance fee 7a7 ,fee 7#a7 ,except as provided in section #beaa7;e77#b7 of the ,energy ,policy ,act of #aiib 7relating to oil shale claims71 for each unpatented mining claim1 mill or tunnel site on federally owned lands1 whether located before1 on1 or after enactment of this ,act1 each claimant shall pay to the ,secretary1 on or before ,august #ca of each year1 a claim maintenance fee of #bjj per claim to hold such unpatented mining claim1 mill or tunnel site for the assessment year beginning at noon on the next day1 ,september #a4 ,such claim maintenance fee shall be in lieu of the assessment work requirement contained in the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 and the related filing requirements contained in section #cad7;a7 and 7c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;a7 and 7c774 7#b7 7,a7 ,the ,secretary shall adjust the fees required by this section to reflect changes in the ,consumer ,price ,index published by the ,bureau of ,labor ,statistics of the ,department of ,labor every #e years after the date of enactment of this ,act1 or more frequently if the ,secretary determines an adjustment to be reasonable4 ,the ,secretary shall employ the ,consumer ,price ,index for ,all-,urban ,consumers published by the ,department of ,labor as the basis for adjustment1 and rounding according to the adjustment process of conditions of the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7#ajd ,stat4 #hij74 7,b7 ,the ,secretary shall provide claimants notice of any adjustment made under this paragraph not later than ,july #a of any year in which the adjustment is made4 7,c7 ,a fee adjustment under this paragraph shall begin to apply the calendar year following the calendar year in which it is made4 7b7 ,location ,notwithstanding any provision of law1 for every unpatented mining claim1 mill or tunnel site located after the date of enactment of this ,act the locator shall1 at the time the location notice is recorded with the ,bureau of ,land ,management1 pay to the ,secretary a location fee1 in addition to the fee required by subsection 7a7 of #ej per claim4 7c7 ,co-,ownership ,the co-ownership provisions of the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 will remain in effect except that the annual claim maintenance fee1 where applicable1 shall replace applicable assessment requirements and expenditures4 7d7 ,failure ,to pay ,failure to pay the claim maintenance fee as required by subsection 7a7 shall conclusively constitute a forfeiture of the unpatented mining claim1 mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law4 7e7 ,other requirements 7#a7 ,nothing in this section shall change or modify the requirements of section #cad7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;b771 or the requirements of section #cad7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;c77 related to filings required by section #cad7;b71 which remain in effect4 7#b7 ,section #bcbd of the ,revised ,statutes of the ,united ,states 7#cj ,u4,s4,c4 #bh7 is amended by inserting or section #ajc7;a7 of the ,mining ,reform and ,deficit ,reduction ,act of #bjac after ,act of #aiic14 #aac4 ,effect of payments for use and occupancy of claims ,timely payment of the claim maintenance fee required by section #aab of this title or any related law relating to the use of ,federal land1 preserves the claimant's ability to use and occupy the ,federal land concerned for prospecting and exploration1 consistent with and subject to the requirements of this title and other applicable law4 #aad4 ,limitation on patents 7a7 ,mining claims 7#a7 ,determinations required ,after the date of enactment of this ,act1 no patent shall be issued by the ,united ,states for any mining claim located under the general mining laws unless the ,secretary determines that1 for the claim concerned-- 7,a7 a patent application was filed with the ,secretary on or before ,september #cj1 #aiid2 and 7,b7 all requirements established under sections #bcbe and #bcbf of the ,revised ,statutes 7#cj ,u4,s4,c4 #bi and #cj7 for vein or lode claims and sections #bcbi1 #bccj1 #bcca1 and #bccc of the ,revised ,statutes 7#cj ,u4,s4,c4 #ce1 #cf1 and #cg7 for placer claims were fully complied with by that date4 7#b7 ,right to patent ,if the ,secretary makes the determinations referred to in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 for any mining claim1 the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this ,act1 unless and until such determinations are withdrawn or invalidated by the ,secretary or by a court of the ,united ,states4 7b7 ,millsite claims 7#a7 ,determinations required ,after the date of enactment of this ,act1 no patent shall be issued by the ,united ,states for any millsite claim located under the general mining laws unless the ,secretary determines that for the millsite concerned-- 7,a7 a patent application for such land was filed with the ,secretary on or before ,september #cj1 #aiid2 and 7,b7 all requirements applicable to such patent application were fully complied with by that date4 7#b7 ,right to patent ,if the ,secretary makes the determinations referred to in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 for any millsite claim1 the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this ,act1 unless and until such determinations are withdrawn or invalidated by the ,secretary or by a court of the ,united ,states4 ,b ,protection of ,special ,places #aba4 ,lands open to location 7a7 ,lands open to location ,except as provided in subsection 7b71 mining claims may be located under the general mining laws only on such lands and interests as were open to the location of mining claims under the general mining laws immediately before the enactment of this ,act4 7b7 ,lands not open to location ,notwithstanding any other provision of law and subject to valid existing rights1 each of the following shall not be open to the location of mining claims under the general mining laws on or after the date of enactment of this ,act3 7#a7 ,wilderness study areas4 7#b7 ,areas of critical environmental concern4 7#c7 ,areas designated for inclusion in the ,national ,wild and ,scenic ,rivers ,system pursuant to the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq471 areas designated for potential addition to such system pursuant to section #e7;a7 of that ,act 7#af ,u4,s4,c4 #abgf7;a771 and areas determined to be eligible for inclusion in such system pursuant to section #e7;d7 of such ,act 7#af ,u4,s4,c4 #abgf7;d774 7#d7 ,any area identified in the set of inventoried roadless areas maps contained in the ,forest ,service ,roadless ,area ,conservation ,final ,environmental ,impact ,statement1 ,volume #b1 dated ,november #bjjj4 7c7 ,existing authority not affected ,nothing in this title limits the authority granted the ,secretary in section #bjd of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agad7 to withdraw public lands4 #abb4 ,withdrawal petitions by ,states1 political subdivisions1 and ,indian tribes 7a7 ,in general ,subject to valid existing rights1 any ,state or political subdivision of a ,state or an ,indian tribe may submit a petition to the ,secretary for the withdrawal of a specific tract of ,federal land from the operation of the general mining laws1 in order to protect specific values identified in the petition that are important to the ,state or political subdivision or ,indian tribe4 ,such values may include the value of a watershed to supply drinking water1 wildlife habitat value1 cultural or historic resources1 or value for scenic vistas important to the local economy1 and other similar values4 ,in the case of an ,indian tribe1 the petition may also identify religious or cultural values that are important to the ,indian tribe4 ,the petition shall contain the information required by section #bjd of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agad74 7b7 ,consideration of petition ,the ,secretary-- 7#a7 shall solicit public comment on the petition2 7#b7 shall make a final decision on the petition within #ahj days after receiving it2 and 7#c7 shall grant the petition subject to valid existing rights1 unless the ,secretary makes and publishes in the ,federal ,register specific findings why a decision to grant the petition would be against the national interest4 ,c ,environmental ,considerations of ,mineral ,exploration and ,development #aca4 ,general standard for hardrock mining on ,federal land ,notwithstanding section #cjb7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcb7;b771 the first section of the ,act of ,june #d1 #ahig 7chapter #b2 #cj ,stat4 #cf #af ,u4,s4,c4 #dgh71 and the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq471 and in accordance with this subtitle and applicable law1 unless expressly stated otherwise in this title1 the ,secretary-- 7#a7 shall ensure that mineral activities on any ,federal land that is subject to a mining claim1 millsite claim1 or tunnel site claim is carefully controlled to prevent undue degradation of public lands and resources2 and 7#b7 shall not grant permission to engage in mineral activities if the ,secretary1 after considering the evidence1 determines that undue degradation would result from such activities4 #acb4 ,permits 7a7 ,permits required ,no person may engage in mineral activities on ,federal land that may cause a disturbance of surface resources1 including land1 air1 ground water and surface water1 and fish and wildlife1 unless-- 7#a7 the claim was properly located under the general mining laws and maintained in compliance with such laws and this title2 and 7#b7 a permit was issued to such person under this subtitle authorizing such activities4 7b7 ,negligible disturbance ,notwithstanding subsection 7a77#b71 a permit under this subtitle shall not be required for mineral activities that are a casual use of the ,federal land4 7c7 ,coordination with ,,nepa process ,the ,secretary and the ,secretary of ,agriculture shall conduct the permit processes under this title in coordination with the timing and other requirements under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 #acc4 ,exploration permit 7a7 ,authorized exploration activity ,any claim holder may apply for an exploration permit for any mining claim authorizing the claim holder to remove a reasonable amount of the locatable minerals from the claim for analysis1 study and testing4 ,such permit shall not authorize the claim holder to remove any mineral for sale nor to conduct any activities other than those required for exploration for locatable minerals and reclamation4 7b7 ,permit ,application requirements ,an application for an exploration permit under this section shall be submitted in a manner satisfactory to the ,secretary or1 for ,national ,forest ,system lands1 the ,secretary of ,agriculture1 and shall contain an exploration plan1 a reclamation plan for the proposed exploration1 and such documentation as necessary to ensure compliance with applicable ,federal and ,state environmental laws and regulations4 7c7 ,reclamation plan requirements ,the reclamation plan required to be included in a permit application under subsection 7b7 shall include such provisions as may be jointly prescribed by the ,secretary and the ,secretary of ,agriculture4 7d7 ,permit issuance or denial ,the ,secretary1 or for ,national ,forest ,system lands1 the ,secretary of ,agriculture1 shall issue an exploration permit pursuant to an application under this section unless such ,secretary makes any of the following determinations3 7#a7 ,the permit application1 the exploration plan and reclamation plan are not complete and accurate4 7#b7 ,the applicant has not demonstrated that proposed reclamation can be accomplished4 7#c7 ,the proposed exploration activities and condition of the land after the completion of exploration activities and final reclamation would not conform with the land use plan applicable to the area subject to mineral activities4 7#d7 ,the area subject to the proposed permit is included within an area not open to location under section #aba4 7#e7 ,the applicant has not demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this title and all other applicable ,federal requirements1 and any ,state requirements agreed to by the ,secretary of the ,interior 7or ,secretary of ,agriculture1 as appropriate74 7#f7 ,the applicant has not demonstrated that the requirements of section #acf 7relating to financial assurance7 will be met4 7#g7 ,the applicant is ineligible to receive a permit as determined under section #ace4 7e7 ,term of permit ,an exploration permit shall be for a stated term4 ,the term shall be no greater than that necessary to accomplish the proposed exploration1 and in no case for more than #aj years4 7f7 ,permit modification ,during the term of an exploration permit1 the permit holder may submit an application to modify the permit4 ,to approve a proposed modification to the permit1 the ,secretary concerned shall make the same determinations as are required in the case of an original permit1 except that the ,secretary and the ,secretary of ,agriculture may specify by joint rule the extent to which requirements for initial exploration permits under this section shall apply to applications to modify an exploration permit based on whether such modifications are deemed significant or minor4 7g7 ,transfer1 assignment1 or sale of rights 7#a7 ,no transfer1 assignment1 or sale of rights granted by a permit issued under this section shall be made without the prior written approval of the ,secretary or for ,national ,forest ,system lands1 the ,secretary of ,agriculture4 7#b7 ,such ,secretary shall allow a person holding a permit to transfer1 assign1 or sell rights under the permit to a successor1 if the ,secretary finds1 in writing1 that the successor-- 7,a7 is eligible to receive a permit in accordance with section #acd7;d72 7,b7 has submitted evidence of financial assurance satisfactory under section #acf2 and 7,c7 meets any other requirements specified by the ,secretary4 7#c7 ,the successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this title1 and the terms and conditions of the permit as in effect at the time of transfer1 assignment1 or sale4 7#d7 ,each application for approval of a permit transfer1 assignment1 or sale pursuant to this subsection shall be accompanied by a fee payable to the ,secretary of the ,interior in such amount as may be established by such ,secretary4 ,such amount shall be equal to the actual or anticipated cost to the ,secretary or the ,secretary of ,agriculture1 as appropriate1 of reviewing and approving or disapproving such transfer1 assignment1 or sale1 as determined by the ,secretary of the ,interior4 #acd4 ,operations permit 7a7 ,operations permit 7#a7 ,any claim holder that is in compliance with the general mining laws and section #aac of this title may apply to the ,secretary1 or for ,national ,forest ,system lands1 the ,secretary of ,agriculture1 for an operations permit authorizing the claim holder to carry out mineral activities1 other than casual use1 on-- 7,a7 any valid mining claim1 valid millsite claim1 or valid tunnel site claim2 and 7,b7 such additional ,federal land as the ,secretary may determine is necessary to conduct the proposed mineral activities1 if the operator obtains a right-of-way permit for use of such additional lands under title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq47 and agrees to pay all fees required under that title for the permit under that title4 7#b7 ,if the ,secretary decides to issue such permit1 the permit shall include such terms and conditions as prescribed by such ,secretary to carry out this subtitle4 7b7 ,permit ,application requirements ,an application for an operations permit under this section shall be submitted in a manner satisfactory to the ,secretary concerned and shall contain site characterization data1 an operations plan1 a reclamation plan1 monitoring plans1 long-term maintenance plans1 to the extent necessary1 and such documentation as necessary to ensure compliance with applicable ,federal and ,state environmental laws and regulations4 ,if the proposed mineral activities will be carried out in conjunction with mineral activities on adjacent non-,federal lands1 information on the location and nature of such operations may be required by the ,secretary4 7c7 ,permit issuance or denial 7#a7 ,after providing for public participation pursuant to subsection 7i71 the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall issue an operations permit if such ,secretary makes each of the following determinations in writing1 and shall deny a permit if such ,secretary finds that the application and applicant do not fully meet the following requirements3 7,a7 ,the permit application1 including the site characterization data1 operations plan1 and reclamation plan1 are complete and accurate and sufficient for developing a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control4 7,b7 ,the applicant has demonstrated that the proposed reclamation in the operation and reclamation plan can be and is likely to be accomplished by the applicant and will not cause undue degradation4 7,c7 ,the condition of the land1 including the fish and wildlife resources and habitat contained thereon1 after the completion of mineral activities and final reclamation1 will conform to the land use plan applicable to the area subject to mineral activities and are returned to a productive use4 7,d7 ,the area subject to the proposed plan is open to location for the types of mineral activities proposed4 7,e7 ,the proposed operation has been designed to prevent material damage to the hydrologic balance4 7,f7 ,the applicant will fully comply with the requirements of section #acf 7relating to financial assurance7 prior to the initiation of operations4 7,g7 ,neither the applicant nor operator1 nor any subsidiary1 affiliate1 or person controlled by or under common control with the applicant or operator1 is ineligible to receive a permit under section #ace4 7,h7 ,the reclamation plan demonstrates that #aj years following mine closure1 no treatment of surface or ground water will be required to meet water quality standards at the point of discharge4 7#b7 ,with respect to any activities specified in the reclamation plan referred to in subsection 7b7 that constitutes a removal or remedial action under section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 the ,secretary shall consult with the ,administrator of the ,environmental ,protection ,agency prior to the issuance of an operations permit4 ,the ,administrator shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 or corrective actions under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7d7 ,term of permit2 renewal 7#a7 ,an operations permit-- 7,a7 shall be for a term that is no longer than the shorter of-- 7i7 the period necessary to accomplish the proposed mineral activities subject to the permit2 and 7ii7 #bj years2 and 7,b7 shall be renewed for an additional #bj-year period if the operation is in compliance with the requirements of this title and other applicable law4 7#b7 ,failure by the operator to commence mineral activities within #b years of the date scheduled in an operations permit shall require a modification of the permit if the ,secretary concerned determines that modifications are necessary to comply with section #aba4 7e7 ,permit modification 7#a7 ,during the term of an operations permit the operator may submit an application to modify the permit 7including the operations plan or reclamation plan1 or both74 7#b7 ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 may1 at any time1 require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this title cannot be met if the plan is followed as approved4 ,such determination shall be based on a written finding and subject to public notice and hearing requirements established by the ,secretary concerned4 7#c7 ,a permit modification is required before changes are made to the approved plan of operations1 or if unanticipated events or conditions exist on the mine site1 including in the case of-- 7,a7 development of acid or toxic drainage2 7,b7 loss of springs or water supplies2 7,c7 water quantity1 water quality1 or other resulting water impacts that are significantly different than those predicted in the application2 7,d7 the need for long-term water treatment2 7,e7 significant reclamation difficulties or reclamation failure2 7,f7 the discovery of significant scientific1 cultural1 or biological resources that were not addressed in the original plan2 or 7,g7 the discovery of hazards to public safety4 7f7 ,temporary cessation of operations 7#a7 ,an operator conducting mineral activities under an operations permit in effect under this subtitle may not temporarily cease mineral activities for a period greater than #ahj days unless the ,secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit4 ,any operator temporarily ceasing mineral activities for a period greater than #ij days under an operations permit issued before the date of the enactment of this ,act shall submit1 before the expiration of such #ij-;day period1 a complete application for temporary cessation of operations to the ,secretary concerned for approval unless the temporary cessation is permitted under the original permit4 7#b7 ,an application for approval of temporary cessation of operations shall include such information required under subsection 7b7 and any other provisions prescribed by the ,secretary concerned to minimize impacts on the environment4 ,after receipt of a complete application for temporary cessation of operations such ,secretary shall conduct an inspection of the area for which temporary cessation of operations has been requested4 7#c7 ,to approve an application for temporary cessation of operations1 the ,secretary concerned shall make each of the following determinations3 7,a7 ,a determination that the methods for securing surface facilities and restricting access to the permit area1 or relevant portions thereof1 will effectively ensure against hazards to the health and safety of the public and fish and wildlife4 7,b7 ,a determination that reclamation is in compliance with the approved reclamation plan1 except in those areas specifically designated in the application for temporary cessation of operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations4 7,c7 ,a determination that the amount of financial assurance filed with the permit application is sufficient to assure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture4 7,d7 ,a determination that any outstanding notices of violation and cessation orders incurred in connection with the plan for which temporary cessation is being requested are either stayed pursuant to an administrative or judicial appeal proceeding or are in the process of being abated to the satisfaction of the ,secretary concerned4 7g7 ,permit reviews ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall review each permit issued under this section every #aj years during the term of such permit1 shall provide public notice of the permit review1 and1 based upon a written finding1 such ,secretary shall require the operator to take such actions as the ,secretary deems necessary to assure that mineral activities conform to the permit1 including adjustment of financial assurance requirements4 7h7 ,transfer1 assignment1 or sale of rights 7#a7 ,no transfer1 assignment1 or sale of rights granted by a permit under this section shall be made without the prior written approval of the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture4 7#b7 ,the ,secretary1 or for ,national ,forest ,system lands1 the ,secretary of ,agriculture1 may allow a person holding a permit to transfer1 assign1 or sell rights under the permit to a successor1 if such ,secretary finds1 in writing1 that the successor-- 7,a7 has submitted information required and is eligible to receive a permit in accordance with section #ace2 7,b7 has submitted evidence of financial assurance satisfactory under section #acf2 and 7,c7 meets any other requirements specified by such ,secretary4 7#c7 ,the successor in interest shall assume reclamation and other responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this title1 and the terms and conditions of the permit as in effect at the time of transfer1 assignment1 or sale4 7#d7 ,each application for approval of a permit transfer1 assignment1 or sale pursuant to this subsection shall be accompanied by a fee payable to the ,secretary of the ,interior1 or for ,national ,forest ,system lands1 the ,secretary of ,agriculture1 in such amount as may be established by such ,secretary1 or for ,national ,forest ,system lands1 by the ,secretary of ,agriculture4 ,such amount shall be equal to the actual or anticipated cost to the ,secretary or1 for ,national ,forest ,system lands1 to the ,secretary of ,agriculture1 of reviewing and approving or disapproving such transfer1 assignment1 or sale1 as determined by such ,secretary4 7i7 ,public participation ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall jointly promulgate regulations to ensure transparency and public participation in permit decisions required under this title1 consistent with any requirements that apply to such decisions under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 #ace4 ,persons ineligible for permits 7a7 ,current violations ,unless corrective action has been taken in accordance with subsection 7c71 no permit under this subtitle shall be issued or transferred to an applicant if the applicant or any agent of the applicant1 the operator 7if different than the applicant7 of the claim concerned1 any claim holder 7if different than the applicant7 of the claim concerned1 or any affiliate or officer or director of the applicant is currently in violation of any of the following3 7#a7 ,a provision of this title or any regulation under this title4 7#b7 ,an applicable ,state or ,federal toxic substance1 solid waste1 air1 water quality1 or fish and wildlife conservation law or regulation at any site where mining1 beneficiation1 or processing activities are occurring or have occurred4 7#c7 ,the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq47 or any regulation implementing that ,act at any site where surface coal mining operations have occurred or are occurring4 7b7 ,suspension ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall suspend an operations permit1 in whole or in part1 if such ,secretary determines that any of the entities described in subsection 7a7 were in violation of any requirement listed in subsection 7a7 at the time the permit was issued4 7c7 ,correction 7#a7 ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 may issue or reinstate a permit under this subtitle if the applicant submits proof that the violation referred to in subsection 7a7 or 7b7 has been corrected or is in the process of being corrected to the satisfaction of such ,secretary and the regulatory authority involved or if the applicant submits proof that the violator has filed and is presently pursuing1 a direct administrative or judicial appeal to contest the existence of the violation4 ,for purposes of this section1 an appeal of any applicant's relationship to an affiliate shall not constitute a direct administrative or judicial appeal to contest the existence of the violation4 7#b7 ,any permit which is issued or reinstated based upon proof submitted under this subsection shall be conditionally approved or conditionally reinstated1 as the case may be4 ,if the violation is not successfully abated or the violation is upheld on appeal1 the permit shall be suspended or revoked4 7d7 ,pattern of willful violations ,no permit under this title may be issued to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this title by the applicant1 any affiliate of the applicant1 or the operator or claim holder if different than the applicant4 #acf4 ,financial assurance 7a7 ,financial assurance required 7#a7 ,subject to public notice and comment1 and after a permit is issued under this subtitle and before any exploration or operations begin under the permit1 the operator shall file with the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 evidence of financial assurance payable to the ,united ,states4 ,the financial assurance shall be provided in the form of a surety bond1 a trust fund1 letters of credits1 government securities1 certificates of deposit1 cash1 or an equivalent form approved by such ,secretary4 7#b7 ,the financial assurance shall cover all lands within the initial permit area and all affected waters that may require restoration1 treatment1 or other management as a result of mineral activities1 and shall be extended to cover all lands and waters added pursuant to any permit modification made under section #acc7;f7 7relating to exploration permits7 or section #acd7;e7 7relating to operations permits71 or affected by mineral activities4 7b7 ,amount ,the amount of the financial assurance required under this section shall be sufficient to assure the completion of reclamation and restoration satisfying the requirements of this title if the work were to be performed by the ,secretary concerned in the event of forfeiture1 including the construction and maintenance costs for any treatment facilities necessary to meet ,federal and ,state environmental requirements4 ,the calculation of such amount shall take into account the maximum level of financial exposure which shall arise during the mineral activity and administrative costs associated with a government agency reclaiming the site4 7c7 ,duration ,the financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the operator's responsibility for reclamation1 restoration1 and long-term maintenance1 and effluent treatment as specified in subsection 7g74 7d7 ,adjustments ,the amount of the financial assurance and the terms of the acceptance of the assurance may be adjusted by the ,secretary concerned from time to time as the area requiring coverage is increased or decreased1 or where the costs of reclamation or treatment change1 or pursuant to section #acd7;f7 7relating to temporary cessation of operations71 but the financial assurance shall otherwise be in compliance with this section4 ,the ,secretary concerned shall review the financial guarantee every #c years and as part of the permit application review under section #acd7;c74 7e7 ,release ,upon request1 and after notice and opportunity for public comment1 and after inspection by the ,secretary1 or for ,national ,forest ,system lands1 the ,secretary of ,agriculture1 such ,secretary may1 after consultation with the ,administrator of the ,environmental ,protection ,agency1 release in whole or in part the financial assurance required under this section if the ,secretary makes both of the following determinations3 7#a7 ,a determination that reclamation or restoration covered by the financial assurance has been accomplished as required by this title4 7#b7 ,a determination that the terms and conditions of any other applicable ,federal requirements1 and ,state requirements applicable pursuant to cooperative agreements under section #ach1 have been fulfilled4 7f7 ,release schedule ,the release referred to in subsection 7e7 shall be according to the following schedule3 7#a7 ,after the operator has completed any required backfilling1 regrading1 and drainage control of an area subject to mineral activities and covered by the financial assurance1 and has commenced revegetation on the regraded areas subject to mineral activities in accordance with the approved plan1 that portion of the total financial assurance secured for the area subject to mineral activities attributable to the completed activities may be released except that sufficient assurance must be retained to address other required reclamation and restoration needs and to assure the long-term success of the revegetation4 7#b7 ,after the operator has completed successfully all remaining mineral activities and reclamation activities and all requirements of the operations plan and the reclamation plan1 and all other requirements of this title have been fully met1 including the requirements of subsection 7g7 of this section1 the remaining portion of the financial assurance may be released4 ,during the period following release of the financial assurance as specified in paragraph 7#a71 until the remaining portion of the financial assurance is released as provided in paragraph 7#b71 the operator shall be required to comply with the permit issued under this subtitle4 7g7 ,effluent ,notwithstanding section #acg7;b77#d71 where any discharge or other water-related condition resulting from the mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards1 the financial assurance shall include the estimated cost of maintaining such treatment for the projected period that will be needed after the cessation of mineral activities4 ,the portion of the financial assurance attributable to such estimated cost of treatment shall not be released until the discharge has ceased for a period of #e years1 as determined by ongoing monitoring and testing1 or1 if the discharge continues1 until the operator has met all applicable effluent limitations and water quality standards for #e full years without treatment4 7h7 ,environmental hazards ,if the ,secretary1 or for ,national ,forest ,system lands1 the ,secretary of ,agriculture1 determines1 after final release of financial assurance1 that an environmental hazard resulting from the mineral activities exists1 or the terms and conditions of the explorations or operations permit of this title were not fulfilled in fact at the time of release1 such ,secretary shall issue an order under section #adf requiring the claim holder or operator 7or any person who controls the claim holder or operator7 to correct the condition such that applicable laws and regulations and any conditions from the plan of operations are met4 #acg4 ,operation and reclamation 7a7 ,general rule 7#a7 ,the operator shall restore lands subject to mineral activities carried out under a permit issued under this subtitle to a condition capable of supporting-- 7,a7 the uses which such lands were capable of supporting prior to surface disturbance by the operator1 or 7,b7 other beneficial uses which conform to applicable land use plans as determined by the ,secretary1 or for ,national ,forest ,system lands1 the ,secretary of ,agriculture4 7#b7 ,reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities4 ,in the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this title1 reclamation activities shall begin immediately4 7b7 ,operation and reclamation standards ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall jointly promulgate regulations that establish operation and reclamation standards for mineral activities permitted under this title4 ,the ,secretaries may determine whether outcome-based performance standards or technology-based design standards are most appropriate4 ,the regulations shall address the following3 7#a7 ,segregation1 protection1 and replacement of topsoil or other suitable growth medium1 and the prevention1 where possible1 of soil contamination4 7#b7 ,maintenance of the stability of all surface areas4 7#c7 ,control of sediments to prevent erosion and manage drainage4 7#d7 ,minimization of the formation and migration of acidic1 alkaline1 metal-bearing1 or other deleterious leachate4 7#e7 ,reduction of the visual impact of mineral activities to the surrounding topography1 including as necessary pit backfill4 7#f7 ,establishment of a diverse1 effective1 and permanent vegetative cover of the same seasonal variety native to the area affected by mineral activities1 and equal in extent of cover to the natural vegetation of the area4 7#g7 ,design and maintenance of leach operations1 impoundments1 and excess waste according to standard engineering standards to achieve and maintain stability and reclamation of the site4 7#h7 ,removal of structures and roads and sealing of drill holes4 7#i7 ,restoration of1 or mitigation for1 fish and wildlife habitat disturbed by mineral activities4 7#aj7 ,preservation of cultural1 paleontological1 and cave resources4 7#aa7 ,prevention and suppression of fire in the area of mineral activities4 7c7 ,surface or groundwater withdrawals ,the ,secretary shall work with ,state and local governments with authority over the allocation and use of surface and groundwater in the area around the mine site as necessary to ensure that any surface or groundwater withdrawals made as a result of mining activities approved under this section do not cause undue degradation or results in material alteration of the hydrologic balance4 7d7 ,special rule ,reclamation activities for a mining claim that has been forfeited1 relinquished1 or lapsed1 or a plan that has expired or been revoked or suspended1 shall continue subject to review and approval by the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture4 #ach4 ,state law and regulation 7a7 ,state law 7#a7 ,any reclamation1 land use1 environmental1 or public health protection standard or requirement in ,state1 county1 local1 or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with any such standard4 7#b7 ,any bonding standard or requirement in ,state1 county1 local1 or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with such requirements4 7#c7 ,any inspection standard or requirement in ,state1 county1 local1 or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with such requirements4 7b7 ,applicability of other ,state requirements 7#a7 ,nothing in this title shall be construed as affecting any toxic substance1 solid waste1 or air or water quality1 standard or requirement of any ,state1 county1 local1 or tribal law or regulation1 which may be applicable to mineral activities on lands subject to this title4 7#b7 ,nothing in this title shall be construed as affecting in any way the right of any person to enforce or protect1 under applicable law1 such person's interest in water resources affected by mineral activities on lands subject to this title4 7c7 ,cooperative agreements 7#a7 ,any ,state may enter into a cooperative agreement with the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 for the purposes of such ,secretary applying such standards and requirements referred to in subsection 7a7 and subsection 7b7 to mineral activities or reclamation on lands subject to this title4 7#b7 ,in such instances where the proposed mineral activities would affect lands not subject to this title in addition to lands subject to this title1 in order to approve a plan of operations the ,secretary concerned shall enter into a cooperative agreement with the ,state that sets forth a common regulatory framework consistent with the requirements of this title for the purposes of such plan of operations4 ,any such common regulatory framework shall not negate the authority of the ,federal ,government to independently inspect mines and operations and bring enforcement actions for violations4 7#c7 ,the ,secretary concerned shall not enter into a cooperative agreement with any ,state under this section until after notice in the ,federal ,register and opportunity for public comment and hearing4 7d7 ,prior agreements ,any cooperative agreement or such other understanding between the ,secretary concerned and any ,state1 or political subdivision thereof1 relating to the management of mineral activities on lands subject to this title that was in existence on the date of enactment of this ,act may only continue in force until #a year after the date of enactment of this ,act4 ,during such #a-year period1 the ,state and the ,secretary shall review the terms of the agreement and make changes that are necessary to be consistent with this title4 #aci4 ,limitation on the issuance of permits ,no permit shall be issued under this subtitle that authorizes mineral activities that would impair the land or resources of a ,national ,park or a ,national ,monument4 ,for purposes of this section1 the term impair shall include any diminution of the affected land including wildlife1 scenic assets1 water resources1 air quality1 and acoustic qualities1 or other changes that would impair a citizen's experience at the ,national ,park or ,national ,monument4 ,d ,administrative and ,miscellaneous ,provisions #ada4 ,policy functions 7a7 ,minerals policy ,section #aja of the ,mining and ,minerals ,policy ,act of #aigj 7#cj ,u4,s4,c4 #ba;a7 is amended-- 7#a7 in the first sentence by inserting before the period at the end the following3 and to ensure that mineral extraction and processing not cause undue degradation of the natural and cultural resources of the public lands2 and 7#b7 by adding at the end thereof the following3 ,it shall also be the responsibility of the ,secretary of ,agriculture to carry out the policy provisions of paragraphs 7#a7 and 7#b7 of this section44 7b7 ,mineral data ,section #e7;e77#c7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;e77#c77 is amended by inserting before the period the following3 1 except that for ,national ,forest ,system lands the ,secretary of ,agriculture shall promptly initiate actions to improve the availability and analysis of mineral data in public land use decisionmaking4 #adb4 ,user fees 7a7 ,in general ,the ,secretary and the ,secretary of ,agriculture may each establish and collect from persons subject to the requirements of this title such user fees as may be necessary to reimburse the ,united ,states for expenses incurred in administering such requirements4 ,fees may be assessed and collected under this section only in such manner as may reasonably be expected to result in an aggregate amount of the fees collected during any fiscal year which does not exceed the aggregate amount of administrative expenses referred to in this section4 7b7 ,adjustment 7#a7 ,the ,secretary shall adjust the fees required by this section to reflect changes in the ,consumer ,price ,index published by the ,bureau of ,labor ,statistics of the ,department of ,labor every #e years after the date of enactment of this ,act1 or more frequently if the ,secretary determines an adjustment to be reasonable4 7#b7 ,the ,secretary shall provide claimants notice of any adjustment made under this subsection not later than ,july #a of any year in which the adjustment is made4 7#c7 ,a fee adjustment under this subsection shall begin to apply the calendar year following the calendar year in which it is made4 #adc4 ,inspection and monitoring 7a7 ,inspections 7#a7 ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall make inspections of mineral activities so as to ensure compliance with the requirements of this title4 7#b7 ,the ,secretary concerned shall establish a frequency of inspections for mineral activities conducted under a permit issued under subtitle ,c1 but in no event shall such inspection frequency be less than one complete inspection per calendar quarter or1 two per calendar quarter in the case of a permit for which the ,secretary concerned approves an application under section #acd7;f7 7relating to temporary cessation of operations74 ,after revegetation has been established in accordance with a reclamation plan1 such ,secretary shall conduct annually two complete inspections4 ,such ,secretary shall have the discretion to modify the inspection frequency for mineral activities that are conducted on a seasonal basis4 ,inspections shall continue under this subsection until final release of financial assurance4 7#c7 7,a7 ,any person who has reason to believe he or she is or may be adversely affected by mineral activities due to any violation of the requirements of a permit approved under this title may request an inspection4 ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall determine within #aj working days of receipt of the request whether the request states a reason to believe that a violation exists4 ,if the person alleges and provides reason to believe that an imminent threat to the environment or danger to the health or safety of the public exists1 the #aj-;day period shall be waived and the inspection shall be conducted immediately4 ,the identity of the person supplying information to the ,secretary relating to a possible violation or imminent danger or harm shall remain confidential with the ,secretary if so requested by that person4 7,b7 ,the ,secretaries shall1 by joint rule1 establish procedures for the review of 7i7 any decision by an authorized representative not to inspect2 or 7ii7 any refusal by such representative to ensure that remedial actions are taken with respect to any alleged violation4 ,the ,secretary concerned shall furnish such persons requesting the review a written statement of the reasons for the ,secretary's final disposition of the case4 7b7 ,monitoring 7#a7 ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall require all operators to develop and maintain a monitoring and evaluation system that shall identify compliance with all requirements of a permit approved under this title4 ,the ,secretary concerned may require additional monitoring to be conducted as necessary to assure compliance with the reclamation and other environmental standards of this title4 ,such plan must be reviewed and approved by the ,secretary and shall become a part of the explorations or operations permit4 7#b7 ,the operator shall file reports with the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 on a frequency determined by the ,secretary concerned1 on the results of the monitoring and evaluation process1 except that if the monitoring and evaluation show a violation of the requirements of a permit approved under this title1 it shall be reported immediately to the ,secretary concerned4 ,the ,secretary shall evaluate the reports submitted pursuant to this paragraph1 and based on those reports and any necessary inspection shall take enforcement action pursuant to this section4 ,such reports shall be maintained by the operator and by the ,secretary and shall be made available to the public4 7#c7 ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall determine what information shall be reported by the operator pursuant to paragraph 7#b74 ,a failure to report as required by the ,secretary concerned shall constitute a violation of this title and subject the operator to enforcement action pursuant to section #adf4 #add4 ,citizens suits 7a7 ,in general ,except as provided in subsection 7b71 any person may commence a civil action on his or her own behalf to compel compliance-- 7#a7 against any person 7including the ,secretary or the ,secretary of ,agriculture7 who is alleged to be in violation of any of the provisions of this title or any regulation promulgated pursuant to subtitle ,c of this title or any term or condition of any permit issued under subtitle ,c of this title2 or 7#b7 against the ,secretary or the ,secretary of ,agriculture where there is alleged a failure of such ,secretary to perform any act or duty under this title1 or to promulgate any regulation under this title1 which is not within the discretion of the ,secretary concerned4 ,the ,united ,states district courts shall have jurisdiction over actions brought under this section1 without regard to the amount in controversy or the citizenship of the parties1 including actions brought to apply any civil penalty under this title4 ,the district courts of the ,united ,states shall have jurisdiction to compel agency action unreasonably delayed4 7b7 ,exceptions 7#a7 ,no action may be commenced under subsection 7a7 before the end of the #fj-;day period beginning on the date the plaintiff has given notice in writing of such alleged violation to the alleged violator and the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 except that any such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the environment or to the health or safety of the public4 7#b7 ,no action may be brought against any person other than the ,secretary or the ,secretary of ,agriculture under subsection 7a77#a7 if such ,secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the ,united ,states to require compliance4 7#c7 ,no action may be commenced under paragraph 7#b7 of subsection 7a7 against either ,secretary to review any rule promulgated by1 or to any permit issued or denied by such ,secretary if such rule or permit issuance or denial is judicially reviewable under any provision of law at any time after such promulgation1 issuance1 or denial is final4 7c7 ,venue ,venue of all actions brought under this section shall be determined in accordance with section #acia of title #bh1 ,united ,states ,code4 7d7 ,costs ,the court1 in issuing any final order in any action brought pursuant to this section may award costs of litigation 7including attorney and expert witness fees7 to any prevailing or substantially prevailing party whenever the court determines such award is appropriate4 ,the court may1 if a temporary restraining order or preliminary injunction is sought1 require the filing of a bond or equivalent security in accordance with the ,federal ,rules of ,civil ,procedure4 7e7 ,savings clause ,nothing in this section shall restrict any right which any person 7or class of persons7 may have under chapter #g of title #e1 ,united ,states ,code1 under this section1 or under any other statute or common law to bring an action to seek any relief against the ,secretary or the ,secretary of ,agriculture or against any other person1 including any action for any violation of this title or of any regulation or permit issued under this title or for any failure to act as required by law4 ,nothing in this section shall affect the jurisdiction of any court under any provision of title #bh1 ,united ,states ,code1 including any action for any violation of this title or of any regulation or permit issued under this title or for any failure to act as required by law4 #ade4 ,administrative and judicial review 7a7 ,review by secretary 7#a7 7,a7 ,any person issued a notice of violation or cessation order under section #adf1 or any person having an interest which is or may be adversely affected by such notice or order1 may apply to the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 for review of the notice or order4 7,b7 ,any person who is subject to a penalty assessed under section #adf may apply to the ,secretary concerned for review of the assessment4 7,c7 ,any person may apply to such ,secretary for review of the decision4 7,d7 ,pending a review by the ,secretary or resolution of an administrative appeal1 final decisions 7except enforcement actions under section #adf7 shall be stayed4 7#b7 ,the ,secretary concerned shall provide an opportunity for a public hearing at the request of any party to the proceeding as specified in paragraph 7#a74 ,the filing of an application for review under this subsection shall not operate as a stay of any order or notice issued under section #adf4 7#c7 ,for any review proceeding under this subsection1 the ,secretary concerned shall make findings of fact and shall issue a written decision incorporating therein an order vacating1 affirming1 modifying1 or terminating the notice1 order1 or decision1 or with respect to an assessment1 the amount of penalty that is warranted4 7#d7 ,pending completion of any review proceedings under this subsection1 the applicant may file with the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 a written request that the ,secretary grant temporary relief from any order issued under section #adf together with a detailed statement giving reasons for such relief4 ,the ,secretary concerned shall expeditiously issue an order or decision granting or denying such relief4 ,the ,secretary concerned may grant such relief under such conditions as he or she may prescribe only if such relief shall not adversely affect the health or safety of the public or cause imminent environmental harm to land1 air1 or water resources4 7#e7 ,the availability of review under this subsection shall not be construed to limit the operation of rights under section #add 7relating to citizen suits74 7b7 ,costs ,whenever a proceeding occurs under subsection 7a71 at the request of any person1 a sum equal to the aggregate amount of all costs and expenses 7including attorney fees7 as determined by the ,secretary or ,secretaries concerned or the court to have been reasonably incurred by such person for or in connection with participation in such proceedings1 including any judicial review of the proceeding1 may be assessed against either party as the court1 in the case of judicial review1 or the ,secretary or ,secretaries concerned in the case of administrative proceedings1 deems proper if it is determined that such party prevailed in whole or in part1 achieving some success on the merits1 and that such party made a substantial contribution to a full and fair determination of the issues4 #adf4 ,enforcement 7a7 ,orders 7#a7 ,if the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 or an authorized representative of such ,secretary1 determines that any person is in violation of any environmental protection requirement under subtitle ,c or any regulation issued by the ,secretaries to implement this title1 such ,secretary or authorized representative shall issue to such person a notice of violation describing the violation and the corrective measures to be taken4 ,the ,secretary concerned1 or the authorized representative of such ,secretary1 shall provide such person with a period of time not to exceed #cj days to abate the violation4 ,such period of time may be extended by the ,secretary concerned upon a showing of good cause by such person4 ,if1 upon the expiration of time provided for such abatement1 the ,secretary concerned1 or the authorized representative of such ,secretary1 finds that the violation has not been abated he or she shall immediately order a cessation of all mineral activities or the portion thereof relevant to the violation4 7#b7 ,if the ,secretary concerned1 or the authorized representative of the ,secretary concerned1 determines that any condition or practice exists1 or that any person is in violation of any requirement under a permit approved under this title1 and such condition1 practice or violation is causing1 or can reasonably be expected to cause-- 7,a7 an imminent danger to the health or safety of the public2 or 7,b7 significant1 imminent environmental harm to land1 air1 water1 or fish or wildlife resources1 such ,secretary or authorized representative shall immediately order a cessation of mineral activities or the portion thereof relevant to the condition1 practice1 or violation4 7#c7 7,a7 ,a cessation order pursuant to paragraphs 7#a7 or 7#b7 shall remain in effect until such ,secretary1 or authorized representative1 determines that the condition1 practice1 or violation has been abated1 or until modified1 vacated or terminated by the ,secretary or authorized representative4 ,in any such order1 the ,secretary or authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order4 ,the ,secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met4 7,b7 ,any notice or order issued pursuant to paragraphs 7#a7 or 7#b7 may be modified1 vacated1 or terminated by the ,secretary concerned or an authorized representative of such ,secretary4 ,any person to whom any such notice or order is issued shall be entitled to a hearing on the record4 7#d7 ,if1 after #cj days of the date of the order referred to in paragraph 7#c77;,a7 the required abatement has not occurred1 the ,secretary concerned shall take such alternative enforcement action against the claim holder or operator 7or any person who controls the claim holder or operator7 as will most likely bring about abatement in the most expeditious manner possible4 ,such alternative enforcement action may include1 but is not necessarily limited to1 seeking appropriate injunctive relief to bring about abatement4 ,nothing in this paragraph shall preclude the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 from taking alternative enforcement action prior to the expiration of #cj days4 7#e7 ,if a claim holder or operator 7or any person who controls the claim holder or operator7 fails to abate a violation or defaults on the terms of the permit1 the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall forfeit the financial assurance for the plan as necessary to ensure abatement and reclamation under this title4 ,the ,secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved plan in lieu of forfeiture4 7#f7 ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall not cause forfeiture of the financial assurance while administrative or judicial review is pending4 7#g7 ,in the event of forfeiture1 the claim holder1 operator1 or any affiliate thereof1 as appropriate as determined by the ,secretary by rule1 shall be jointly and severally liable for any remaining reclamation obligations under this title4 7b7 ,compliance ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 may request the ,attorney ,general to institute a civil action for relief1 including a permanent or temporary injunction or restraining order1 or any other appropriate enforcement order1 including the imposition of civil penalties1 in the district court of the ,united ,states for the district in which the mineral activities are located whenever a person-- 7#a7 violates1 fails1 or refuses to comply with any order issued by the ,secretary concerned under subsection 7a72 or 7#b7 interferes with1 hinders1 or delays the ,secretary concerned in carrying out an inspection under section #adc4 ,such court shall have jurisdiction to provide such relief as may be appropriate4 ,any relief granted by the court to enforce an order under paragraph 7#a7 shall continue in effect until the completion or final termination of all proceedings for review of such order unless the district court granting such relief sets it aside4 7c7 ,delegation ,notwithstanding any other provision of law1 the ,secretary may utilize personnel of the ,office of ,surface ,mining ,reclamation and ,enforcement to ensure compliance with the requirements of this title4 7d7 ,penalties 7#a7 ,any person who fails to comply with any requirement of a permit approved under this title or any regulation issued by the ,secretaries to implement this title shall be liable for a penalty of not more than #be1jjj per violation4 ,each day of violation may be deemed a separate violation for purposes of penalty assessments4 7#b7 ,a person who fails to correct a violation for which a cessation order has been issued under subsection 7a7 within the period permitted for its correction shall be assessed a civil penalty of not less than #a1jjj per violation for each day during which such failure continues4 7#c7 ,whenever a corporation is in violation of a requirement of a permit approved under this title or any regulation issued by the ,secretaries to implement this title or fails or refuses to comply with an order issued under subsection 7a71 any director1 officer1 or agent of such corporation who knowingly authorized1 ordered1 or carried out such violation1 failure1 or refusal shall be subject to the same penalties as may be imposed upon the person referred to in paragraph 7#a74 7e7 ,suspensions or revocations ,the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 shall suspend or revoke a permit issued under subtitle ,c1 in whole or in part1 if the operator-- 7#a7 knowingly made or knowingly makes any false1 inaccurate1 or misleading material statement in any mining claim1 notice of location1 application1 record1 report1 plan1 or other document filed or required to be maintained under this title2 7#b7 fails to abate a violation covered by a cessation order issued under subsection 7a72 7#c7 fails to comply with an order of the ,secretary concerned2 7#d7 refuses to permit an audit pursuant to this title2 7#e7 fails to maintain an adequate financial assurance under section #acf2 7#f7 fails to pay claim maintenance fees or other moneys due and owing under this title2 or 7#g7 with regard to plans conditionally approved under section #ace7;c77#b71 fails to abate a violation to the satisfaction of the ,secretary concerned1 or if the validity of the violation is upheld on the appeal which formed the basis for the conditional approval4 7f7 ,false statements2 tampering ,any person who knowingly-- 7#a7 makes any false material statement1 representation1 or certification in1 or omits or conceals material information from1 or unlawfully alters1 any mining claim1 notice of location1 application1 record1 report1 plan1 or other documents filed or required to be maintained under this title2 or 7#b7 falsifies1 tampers with1 renders inaccurate1 or fails to install any monitoring device or method required to be maintained under this title1 shall upon conviction1 be punished by a fine of not more than #aj1jjj4 ,if a conviction of a person is for a violation committed after a first conviction of such person under this subsection1 punishment shall be by a fine of not more than #bj1jjj per day of violation4 ,each day of continuing violation may be deemed a separate violation for purposes of penalty assessments4 7g7 ,knowing violations ,any person who knowingly-- 7#a7 engages in mineral activities without a permit required under subtitle ,c2 or 7#b7 violates any other requirement of a permit issued under this title1 or any condition or limitation thereof1 shall upon conviction be punished by a fine of not less than #e1jjj nor more than #ej1jjj per day of violation4 ,if a conviction of a person is for a violation committed after the first conviction of such person under this subsection1 punishment shall be a fine of not less than #aj1jjj per day of violation4 7h7 ,knowing and willful violations ,any person who knowingly and willfully commits an act for which a civil penalty is provided in paragraph 7#a7 of subsection 7g7 shall1 upon conviction1 be punished by a fine of not more than #ej1jjj4 7i7 ,definition ,for purposes of this section1 the term person includes any officer1 agent1 or employee of a person4 7j7 ,adjustment of penalties ,the ,secretary may adjust the penalties described in this section as necessary4 #adg4 ,regulations ,the ,secretary and the ,secretary of ,agriculture shall issue such regulations as are necessary to implement this title4 ,the regulations implementing subtitle ,b1 subtitle ,c1 subtitle ,d1 and subtitle ,e that affect the ,forest ,service shall be joint regulations issued by both ,secretaries1 and shall be issued no later than #ahj days after the date of enactment of this ,act4 #adh4 ,effective date ,this title shall take effect on the date of enactment of this ,act1 except as otherwise provided in this title4 #adi4 ,savings clause 7a7 ,special ,application of mining laws ,nothing in this title shall be construed as repealing or modifying any ,federal law1 regulation1 order1 or land use plan1 in effect prior to the date of enactment of this ,act that prohibits or restricts the application of the general mining laws1 including laws that provide for special management criteria for operations under the general mining laws as in effect prior to the date of enactment of this ,act1 to the extent such laws provide for protection of natural and cultural resources and the environment greater than required under this title1 and any such prior law shall remain in force and effect with respect to claims located 7or proposed to be located7 or converted under this title4 ,nothing in this title shall be construed as applying to or limiting mineral investigations1 studies1 or other mineral activities conducted by any ,federal or ,state agency acting in its governmental capacity pursuant to other authority4 ,nothing in this title shall affect or limit any assessment1 investigation1 evaluation1 or listing pursuant to the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 or the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #cbea et seq474 7b7 ,effect on other ,federal laws ,the provisions of this title shall supersede the general mining laws1 except for those parts of the general mining laws respecting location of mining claims that are not expressly modified by this title4 ,except for the general mining laws1 nothing in this title shall be construed as superseding1 modifying1 amending1 or repealing any provision of ,federal law not expressly superseded1 modified1 amended1 or repealed by this title4 ,nothing in this title shall be construed as altering1 affecting1 amending1 modifying1 or changing1 directly or indirectly1 any law which refers to and provides authorities or responsibilities for1 or is administered by1 the ,environmental ,protection ,agency or the ,administrator of the ,environmental ,protection ,agency1 including the ,federal ,water ,pollution ,control ,act1 title ,,xiv of the ,public ,health ,service ,act 7the ,safe ,drinking ,water ,act71 the ,clean ,air ,act1 the ,pollution ,prevention ,act of #aiij1 the ,toxic ,substances ,control ,act1 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act1 the ,federal ,food1 ,drug1 and ,cosmetic ,act1 the ,motor ,vehicle ,information and ,cost ,savings ,act1 the ,federal ,hazardous ,substances ,act1 the ,endangered ,species ,act of #aigc1 the ,atomic ,energy ,act1 the ,noise ,control ,act of #aigb1 the ,solid ,waste ,disposal ,act1 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj1 the ,superfund ,amendments and ,reauthorization ,act of #aihf1 the ,ocean ,dumping ,act1 the ,environmental ,research1 ,development1 and ,demonstration ,authorization ,act1 the ,pollution ,prosecution ,act of #aiij1 and the ,federal ,facilities ,compliance ,act of #aiib1 or any statute containing an amendment to any of such ,acts4 ,nothing in this title shall be construed as modifying or affecting any provision of the ,native ,american ,graves ,protection and ,repatriation ,act 7,public ,law #aja-fja7 or any provision of the ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif71 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq471 and the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq474 7c7 ,protection of conservation areas ,in order to protect the resources and values of ,national ,conservation ,system units1 the ,secretary1 as appropriate1 shall utilize authority under this title and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established4 7d7 ,sovereign immunity of indian tribes ,nothing in this section shall be construed so as to waive the sovereign immunity of any ,indian tribe4 #aej4 ,availability of public records ,copies of records1 reports1 inspection materials1 or information obtained by the ,secretary or the ,secretary of ,agriculture under this title shall be made available to the public1 consistent with section #eeb of title #e1 ,united ,states ,code1 in central and sufficient locations in the county1 multicounty1 and ,state area of mineral activity or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the ,internet4 #aea4 ,miscellaneous powers 7a7 ,in general ,in carrying out his or her duties under this title1 the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 may conduct any investigation1 inspection1 or other inquiry necessary and appropriate and may conduct1 after notice1 any hearing or audit1 necessary and appropriate to carrying out his or her duties4 7b7 ,ancillary powers ,in connection with any hearing1 inquiry1 investigation1 or audit under this title1 the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 is authorized to take any of the following actions3 7#a7 ,require1 by special or general order1 any person to submit in writing such affidavits and answers to questions as the ,secretary concerned may reasonably prescribe1 which submission shall be made within such reasonable period and under oath or otherwise1 as may be necessary4 7#b7 ,administer oaths4 7#c7 ,require by subpoena the attendance and testimony of witnesses and the production of all books1 papers1 records1 documents1 matter1 and materials1 as such ,secretary may request4 7#d7 ,order testimony to be taken by deposition before any person who is designated by such ,secretary and who has the power to administer oaths1 and to compel testimony and the production of evidence in the same manner as authorized under paragraph 7#c7 of this subsection4 7#e7 ,pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the ,united ,states4 7c7 ,enforcement ,in cases of refusal to obey a subpoena served upon any person under this section1 the district court of the ,united ,states for any district in which such person is found1 resides1 or transacts business1 upon application by the ,attorney ,general at the request of the ,secretary concerned and after notice to such person1 shall have jurisdiction to issue an order requiring such person to appear and produce documents before the ,secretary concerned4 ,any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to #aj1jjj a day4 7d7 ,entry and access ,without advance notice and upon presentation of appropriate credentials1 the ,secretary1 or for ,national ,forest ,system lands the ,secretary of ,agriculture1 or any authorized representative thereof-- 7#a7 shall have the right of entry to1 upon1 or through the site of any claim1 mineral activities1 or any premises in which any records required to be maintained under this title are located2 7#b7 may at reasonable times1 and without delay1 have access to records1 inspect any monitoring equipment1 or review any method of operation required under this title2 7#c7 may engage in any work and do all things necessary or expedient to implement and administer the provisions of this title2 7#d7 may1 on any mining claim located under the general mining laws and maintained in compliance with this title1 and without advance notice1 stop1 and inspect any motorized form of transportation that such ,secretary has probable cause to believe is carrying locatable minerals1 concentrates1 or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such locatable minerals1 concentrates1 or products derived therefrom as required by law1 if such documentation is required under this title2 and 7#e7 may1 if accompanied by any appropriate law enforcement officer1 or an appropriate law enforcement officer alone1 stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying locatable minerals1 concentrates1 or products derived therefrom from a claim site on ,federal lands or allocated to such claim site4 ,such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law1 if such documentation is required under this title4 #aeb4 ,multiple mineral development and surface resources ,the provisions of sections #d and #f of the ,act of ,august #ac1 #aied 7#cj ,u4,s4,c4 #ebd and #ebf71 commonly known as the ,multiple ,minerals ,development ,act1 and the provisions of section #d of the ,act of ,july #bc1 #aiee 7#cj ,u4,s4,c4 #fab71 shall apply to all mining claims located under the general mining laws and maintained in compliance with such laws and this title4 #aec4 ,mineral materials 7a7 ,determinations ,section #c of the ,act of ,july #bc1 #aiee 7#cj ,u4,s4,c4 #faa71 is amended-- 7#a7 by inserting 7a7 before the first sentence2 7#b7 by inserting mineral materials1 including after varieties of in the first sentence2 7#c7 by striking or cinders and inserting in lieu thereof cinders1 and clay2 and 7#d7 by adding the following new subsection at the end thereof3 7b7 7#a7 ,subject to valid existing rights1 after the date of enactment of the ,mining ,reform and ,deficit ,reduction ,act of #bjac1 notwithstanding the reference to common varieties in subsection 7a7 and to the exception to such term relating to a deposit of materials with some property giving it distinct and special value1 all deposits of mineral materials referred to in such subsection1 including the block pumice referred to in such subsection1 shall be subject to disposal only under the terms and conditions of the ,materials ,act of #aidg4 7#b7 ,for purposes of paragraph 7#a71 the term valid existing rights means that a mining claim located for any such mineral material-- 7,a7 had and still has some property giving it the distinct and special value referred to in subsection 7a71 or as the case may be1 met the definition of block pumice referred to in such subsection2 7,b7 was properly located and maintained under the general mining laws prior to the date of enactment of the ,mining ,reform and ,deficit ,reduction ,act of #bjac2 7,c7 was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws as in effect immediately prior to the date of enactment of the ,mining ,reform and ,deficit ,reduction ,act of #bjac2 and 7,d7 that such claim continues to be valid under this ,act4 4 7b7 ,mineral materials disposal clarification ,section #d of the ,act of ,july #bc1 #aiee 7#cj ,u4,s4,c4 #fab71 is amended-- 7#a7 in subsection 7b7 by inserting and mineral material after vegetative2 and 7#b7 in subsection 7c7 by inserting and mineral material after vegetative4 7c7 ,conforming amendment ,section #a of the ,act of ,july #ca1 #aidg1 entitled ,an ,act to provide for the disposal of materials on the public lands of the ,united ,states 7#cj ,u4,s4,c4 #fja et seq47 is amended by striking common varieties of in the first sentence4 7d7 ,short titles 7#a7 ,surface resources ,the ,act of ,july #bc1 #aiee1 is amended by inserting after section #g the following new section3 #h4 ,this ,act may be cited as the ,surface ,resources ,act of #aiee4 4 7#b7 ,mineral materials ,the ,act of ,july #ca1 #aidg1 entitled ,an ,act to provide for the disposal of materials on the public lands of the ,united ,states 7#cj ,u4,s4,c4 #fja et seq47 is amended by inserting after section #d the following new section3 #e4 ,this ,act may be cited as the ,materials ,act of #aidg4 4 7e7 ,repeals 7#a7 ,subject to valid existing rights1 the ,act of ,august #d1 #ahib 7#bg ,stat4 #cdh1 #cj ,u4,s4,c4 #afa71 commonly known as the ,building ,stone ,act1 is hereby repealed4 7#b7 ,subject to valid existing rights1 the ,act of ,january #ca1 #aija 7#cj ,u4,s4,c4 #afb71 commonly known as the ,saline ,placer ,act1 is hereby repealed4 ,,ii ,abandoned ,mine ,reclamation #bja4 ,short title ,this title may be cited as the ,abandoned ,mine ,reclamation and ,deficit ,reduction ,act of #bjac4 #bjb4 ,definitions and references 7a7 ,in general ,as used in this title3 7#a7 ,the term beneficiation means the crushing and grinding of hardrock mineral ore and such processes as are employed to free the mineral from other constituents1 including but not necessarily limited to1 physical and chemical separation techniques4 7#b7 ,the term claim holder means a person holding a mining claim1 millsite claim1 or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this title4 ,such term may include an agent of a claim holder4 7#c7 ,the term control means having the ability1 directly or indirectly1 to determine 7without regard to whether exercised through one or more corporate structures7 the manner in which an entity conducts mineral activities1 through any means1 including without limitation1 ownership interest1 authority to commit the entity's real or financial assets1 position as a director1 officer1 or partner of the entity1 or contractual arrangement4 7#d7 ,the term crude ore means ore in its unprocessed form1 containing profitable amounts of the target mineral4 7#e7 ,the term displaced material means any crude ore and waste dislodged from its location at the time hardrock mining begins at surface1 underground1 or in-situ mines4 7#f7 ,the term exploration means surface disturbance to evaluate the type1 extent1 quantity1 or quality of minerals present including sampling1 drilling1 and analyzing hardrock mineral values4 7#g7 ,the term ,federal land means any land1 including mineral interests1 owned by the ,united ,states without regard to how the ,united ,states acquired ownership of the land and without regard to the agency having responsibility for management thereof1 except ,indian lands4 7#h7 ,the term hardrock means any mineral mined under the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bb-ed71 and with respect to ,state1 ,indian1 and private lands1 any minerals on those lands that would be considered hardrock minerals if such minerals had been mined under the ,mining ,law of #ahgb4 7#i7 ,the term hardrock mining operation means any activities or operations conducted to mine minerals under the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bb-ed71 and1 with respect to ,state1 ,indian1 and private lands1 any activities or operations conducted on such lands to mine minerals that would be considered hardrock minerals if such minerals had been mined under the ,mining ,law of #ahgb3 ,provided1 however1 ,that if subsequent to the date of enactment of this ,act1 any minerals mined under the ,mining ,law of #ahgb are transferred from the requirements of the ,mining ,law of #ahgb to different statutory requirements1 those activities or operations conducted on lands to mine those minerals so transferred will continue to be subject to the provisions of this title4 7#aj7 ,the term ,indian lands means lands held in trust for the benefit of an ,indian tribe or individual or held by an ,indian tribe or individual subject to a restriction by the ,united ,states against alienation4 7#aa7 ,the term ,indian tribe means any ,indian tribe1 band1 nation1 pueblo1 or other organized group or community1 including any ,alaska ,native village or regional corporation as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#ab7 ,the term mineral activities means any activity on a mining claim1 millsite claim1 or tunnel site claim for1 related to1 or incidental to1 mineral exploration1 mining1 beneficiation1 processing1 or reclamation activities for any hardrock mineral4 7#ac7 ,the term operator means any person that conducts mineral activities and any agent of such person4 7#ad7 ,the term person means an individual1 ,indian tribe1 partnership1 association1 society1 joint venture1 joint stock company1 firm1 company1 corporation1 cooperative1 or other organization and any instrumentality of ,state or local government including any publicly owned utility or publicly owned corporation of ,state or local government4 7#ae7 ,the term processing means processes downstream of beneficiation employed to prepare hardrock mineral ore into the final marketable product1 including but not limited to smelting and electrolytic refining4 7#af7 ,the term ,secretary means the ,secretary of the ,interior1 unless otherwise specified4 7#ag7 ,the term ton means #b1jjj pounds avoirdupois 74#ijgah metric ton74 7#ah7 ,the term waste means rock that must be fractured and removed in order to gain access to crude ore4 7b7 ,references to other laws 7#a7 ,any reference in this title to the term general mining laws is a reference to those ,acts that generally comprise chapters #b1 #ab;,a1 and #af1 and sections #afa and #afb1 of title #cj1 ,united ,states ,code4 7#b7 ,any reference in this title to the ,act of ,july #bc1 #aiee1 is a reference to the ,act entitled ,an ,act to amend the ,act of ,july #ca1 #aidg 7#fa ,stat4 #fha7 and the mining laws to provide for multiple use of the surface of the same tracts of the public lands1 and for other purposes 7#cj ,u4,s4,c4 #fja et seq474 ,a ,hardrock ,mining ,reclamation #baa4 ,displaced material reclamation fee 7a7 ,imposition of fee ,except as provided in paragraph 7#b71 each operator of a hardrock mining operation shall pay to the ,secretary1 for deposit in the ,abandoned ,mine ,cleanup ,fund established by section #bba7;a71 a displaced material reclamation fee of #g cents per ton of displaced material4 7b7 ,payment deadline ,the reclamation fee shall be paid not later than #fj days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this ,act4 7c7 ,submission of statement ,together with such reclamation fee1 all operators of hardrock mining operations shall submit a statement of the amount of displaced materials produced during mineral activities during the previous calendar year1 the accuracy of which shall be sworn to by the operator and notarized4 7d7 ,penalty ,any person1 corporate officer1 agent or director1 on behalf of a hardrock mining operation1 who knowingly makes any false statement1 representation or certification1 or knowingly fails to make any statement1 representation or certification required in this section shall1 upon conviction1 be punished by a fine of not more than #aj1jjj4 7e7 ,civil action ,to recover fee ,any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable1 with statutory interest1 from the hardrock mining operations operator1 in any court of competent jurisdiction in any action at law to compel payment of debts4 7f7 ,deposit of revenues ,amounts received by the ,secretary under subsection 7a77#a7 shall be deposited in the ,abandoned ,mine ,cleanup ,fund established by section #bba7;a74 7g7 ,effect ,nothing in this section requires a reduction in1 or otherwise affects1 any similar fee required under any law 7including regulations7 of any ,state4 #bab4 ,fees adjustments 7a7 ,in general ,the ,secretary of the ,interior shall adjust the fees required by section #baa to reflect changes in the ,consumer ,price ,index published by the ,bureau of ,labor ,statistics of the ,department of ,labor every #e years after the date of enactment of this ,act1 or more frequently if the ,secretary determines an adjustment to be reasonable4 7b7 ,notice ,the ,secretary shall provide claimants notice of any adjustment made under this section not later than ,july #a of any year in which the adjustment is made4 7c7 ,application ,a fee adjustment under this section shall begin to apply in the calendar year following the calendar year in which it is made4 ,b ,abandoned ,mine ,cleanup ,fund #bba4 ,establishment of fund 7a7 ,establishment ,there is established on the books of the ,treasury of the ,united ,states a separate account to be known as the ,abandoned ,mine ,cleanup ,fund 7hereinafter in this subtitle referred to as the ,fund7 consisting of the following3 7#a7 ,all donations by persons1 corporations1 associations1 and foundations for the purposes of this subtitle4 7#b7 ,all amounts deposited in the ,fund under section #baa4 7#c7 ,all income on investments under subsection 7b74 7b7 ,investment ,the ,secretary shall notify the ,secretary of the ,treasury as to what portion of the ,fund is not1 in the ,secretary's judgment1 required to meet current withdrawals4 ,the ,secretary of the ,treasury shall invest such portion of the ,fund in public debt securities with maturities suitable for the needs of such ,fund and bearing interest at rates determined by the ,secretary of the ,treasury1 taking into consideration current market yields on outstanding marketplace obligations of the ,united ,states of comparable maturities4 7c7 ,administration 7#a7 ,the ,fund shall be administered by the ,secretary1 acting through the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement4 7#b7 ,amounts credited to the ,fund shall be available1 without further appropriation1 for obligation and expenditure1 and shall remain available until expended4 7#c7 ,the ,secretary may retain such funds as necessary for the administrative expenses of the ,united ,states1 ,indian tribes1 and the ,states to accomplish the purposes of this subtitle4 7d7 ,expenditures ,subject to section #bbb1 amounts in the ,fund may1 without fiscal year limitation and without further appropriation-- 7#a7 be expended by the ,secretary for the purposes described in section #bbb2 7#b7 be transferred by the ,secretary to the ,director of the ,bureau of ,land ,management1 the ,chief of the ,forest ,service1 the ,director of the ,national ,park ,service1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 or the head of any other ,federal agency1 that develops1 implements1 and has the ability to carry out all or a significant portion of a reclamation program under this subtitle2 or 7#c7 be transferred by the ,secretary to an ,indian tribe or a ,state with an approved reclamation program1 as provided in subsection 7e74 7e7 ,state and tribal reclamation programs 7#a7 ,each ,state having within the borders of the ,state1 or tribe having within the borders of the reservation of the tribe1 mined land that is eligible for reclamation under this title may submit to the ,secretary a reclamation program for the land4 7#b7 ,if the ,secretary determines that a ,state or tribe has developed and submitted a program for reclamation of abandoned mines consistent with the priorities established under section #bbb7;c7 and has the ability and necessary ,state or tribal legislation to implement this subtitle1 the ,secretary shall-- 7,a7 approve the program2 and 7,b7 grant to the ,state or tribe the exclusive responsibility and authority to implement the approved program4 7#c7 ,the ,secretary shall withdraw the approval and authorization if the ,secretary determines that the ,state or tribal program is not in compliance with procedures1 guidelines1 and requirements established by the ,secretary4 7#d7 ,subject to paragraph 7#c71 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 #aigg 7#cj ,u4,s4,c4 #abca et seq47 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 subtitle4 #bbb4 ,use and objectives of the fund 7a7 ,use 7#a7 ,the ,secretary may1 subject to the availability of appropriations1 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 ,states1 including the conduct of activities-- 7,a7 to protect public health and safety2 7,b7 to prevent1 abate1 treat1 and control water pollution created by abandoned mine drainage1 including activities conducted in watersheds2 7,c7 to reclaim and restore abandoned surface and underground mined areas2 7,d7 to reclaim and restore abandoned milling and processing areas2 7,e7 to backfill1 seal1 or otherwise control abandoned underground mine entries2 7,f7 to revegetate land adversely affected by past mining activities-- 7i7 to prevent erosion and sedimentation2 and 7ii7 for any other reclamation purpose2 7,g7 to control surface subsidence due to abandoned underground mines2 and 7,h7 to enhance fish and wildlife habitat4 7#b7 ,before expending amounts in the ,fund for the purposes described in paragraph 7#a71 the ,secretary shall make a determination that no claim holder1 operator1 or other person who is legally responsible under ,federal or ,state law for the reclamation of the mine site can be located before reclamation under this title of the abandoned hardrock mine site begins4 7b7 ,allocation ,of the amounts deposited in the ,fund each fiscal year-- 7#a7 #cj percent shall be allocated by the ,secretary for expenditure by the ,secretary or1 if a ,state or ,indian tribe has a program approved under section #bba7;e71 by the ,state or ,indian tribe1 in the ,states in which1 or on ,indian land on which1 hardrock minerals are produced1 based on a formula reflecting existing production in the ,state or on the land of the ,indian tribe2 7#b7 #cj percent shall be allocated by the ,secretary for expenditure by the ,secretary or1 if a ,state or ,indian tribe has a program approved under section #bba7;e71 by the ,state or ,indian tribe1 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 ,act2 7#c7 #cj percent shall be allocated by the ,secretary for expenditures on high priority abandoned mine sites on ,federal and non-,federal land based on the priorities established in subsection 7c72 and 7#d7 #aj percent shall be available to the ,secretary for grants under subsection 7d74 7c7 ,priorities ,expenditures of moneys from the ,fund shall reflect the following priorities in the order stated3 7#a7 ,the protection of public health and safety1 from extreme danger from the adverse effects of past mineral activities1 especially as relates to surface water and groundwater contaminants4 7#b7 ,the protection of public health and safety1 from the adverse effects of past mineral activities4 7#c7 ,the restoration of land1 water1 and fish and wildlife resources previously degraded by the adverse effects of past mineral activities1 which may include restoration activities in river watershed areas4 7#d7 ,for the years #bjac through #bjah1 the ,secretary shall give first priority to and fully fund projects to cleanup and reclaim abandoned hardrock mines-- 7,a7 in ,states and tribal lands that have previously been certified for completing their reclamation obligations under the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq472 and 7,b7 that are currently utilizing funds available under section #daa of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq47 to fund the cleanup of abandoned hardrock mines4 ,the ,secretary shall fund1 to the extent that funds are available in the ,abandoned ,mine ,cleanup ,fund1 such cleanups to the same level as established by the formula established in the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq47 notwithstanding the changes made under subtitle ,c of this title4 7d7 ,grants to public entities and nonprofit organizations ,the ,secretary shall use amounts made available under subsection 7b77#d7 to make grants to public entities 7including ,state fish and game agencies and local governments7 and nonprofit organizations 7based on criteria established by the ,secretary by regulation7 to carry out activities that support collaborative restoration projects to improve fish and wildlife habitat affected by past hardrock minerals and mining activities1 including activities that-- 7#a7 improve water quality and quantity2 7#b7 restore watersheds in which historic mining dewatered or otherwise fragmented stream habitats2 7#c7 restore instream habitat conditions necessary to support aquatic species2 7#d7 restore vegetative cover and streamside areas to control erosion and improve conditions for fish and wildlife2 7#e7 control and remove noxious weeds and invasive species associated with historic mining disturbances that affect fish and wildlife2 7#f7 restore fish and wildlife habitat in cases in which previous hardrock minerals and mining activity limits fish and wildlife productivity2 7#g7 protect and restore fish and wildlife habitat in areas affected by historic minerals and mining activity2 and 7#h7 mitigate impacts to watersheds affected by past hardrock minerals and mining activities4 7e7 ,habitat ,reclamation and restoration activities under this subtitle shall include appropriate mitigation measures to provide for the continuation of any established habitat for wildlife in existence prior to the commencement of such activities4 7f7 ,response or removal actions ,reclamation and restoration activities under this subtitle which constitute a removal or remedial action under section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja71 shall be conducted with the concurrence of the ,administrator of the ,environmental ,protection ,agency4 ,the ,secretary and the ,administrator shall enter into a memorandum of understanding to establish procedures for consultation1 concurrence1 training1 exchange of technical expertise1 and joint activities under the appropriate circumstances1 that provide assurances that reclamation or restoration activities under this subtitle shall not be conducted in a manner that increases the costs or likelihood of removal or remedial actions under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 and that avoid oversight by multiple agencies to the maximum extent practicable4 #bbc4 ,eligible lands and waters 7a7 ,eligibility ,reclamation expenditures under this subtitle may be made with respect to ,federal1 ,state1 local1 tribal1 and private land or water resources that traverse or are contiguous to ,federal1 ,state1 local1 tribal1 or private land where such lands or water resources have been affected by past mineral activities1 including any of the following3 7#a7 ,lands and water resources that were used for1 or affected by1 mineral activities and abandoned or left in an inadequate reclamation status before the effective date of this ,act4 7#b7 ,lands for which the ,secretary makes a determination that there is no continuing reclamation responsibility of a claim holder1 operator1 or other person who abandoned the site prior to completion of required reclamation under ,state or other ,federal laws4 7b7 ,specific ,sites and ,areas ,not ,eligible ,sites and areas designated for remedial action pursuant to the ,uranium ,mill ,tailings ,radiation ,control ,act of #aigh 7#db ,u4,s4,c4 #gija et seq47 or that have been listed for remedial action pursuant to the ,comprehensive ,environmental ,response ,compensation and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 shall not be eligible for expenditures from the ,fund under this section4 7c7 ,inventory 7#a7 ,the ,secretary shall prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on public lands and any abandoned hardrock mineral mines on ,indian lands that may be eligible for expenditures under this subtitle1 and shall deliver a yearly report to the ,congress on the progress in cleanup of such sites4 7#b7 ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary shall update the inventory described in paragraph 7#a74 ,c ,administrative ,provisions #bca4 ,effective date ,this title shall take effect on the date of enactment of this ,act4 #bcb4 ,fees adjustments 7a7 ,in general ,the ,secretary of the ,interior shall adjust the fees required by section #baa to reflect changes in the ,consumer ,price ,index published by the ,bureau of ,labor ,statistics of the ,department of ,labor every #e years after the date of enactment of this ,act1 or more frequently if the ,secretary determines an adjustment to be reasonable4 7b7 ,notice ,the ,secretary shall provide claimants notice of any adjustment made under this section not later than ,july #a of any year in which the adjustment is made4 7c7 ,application ,a fee adjustment under this section shall begin to apply in the calendar year following the calendar year in which it is made4 #bcc4 ,inspection and monitoring 7a7 ,inspections ,the ,secretary of the ,interior shall make inspections of mineral activities so as to ensure compliance with the requirements of this title4 7b7 ,ancillary powers ,in connection with any hearing1 inquiry1 investigation1 or audit under this title1 the ,secretary may take any of the following actions3 7#a7 ,require1 by special or general order1 any person to submit in writing such affidavits and answers to questions as the ,secretary concerned may reasonably prescribe1 which submission shall be made within such reasonable period and under oath or otherwise1 as may be necessary4 7#b7 ,administer oaths4 7#c7 ,require by subpoena the attendance and testimony of witnesses and the production of all books1 papers1 records1 documents1 matter1 and materials1 as such ,secretary may request4 7#d7 ,order testimony to be taken by deposition before any person who is designated by such ,secretary and who has the power to administer oaths1 and to compel testimony and the production of evidence in the same manner as authorized under paragraph 7#c7 of this subsection4 7#e7 ,pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the ,united ,states4 7c7 ,enforcement ,in cases of refusal to obey a subpoena served upon any person under this section1 the district court of the ,united ,states for any district in which such person is found1 resides1 or transacts business1 upon application by the ,attorney ,general at the request of the ,secretary concerned and after notice to such person1 shall have jurisdiction to issue an order requiring such person to appear and produce documents before the ,secretary concerned4 ,any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to #aj1jjj a day4 7d7 ,entry and access ,without advance notice and upon presentation of appropriate credentials1 the ,secretary or any authorized representative thereof-- 7#a7 shall have the right of entry to1 upon1 or through the site of any claim1 mineral activities1 or any premises in which any records required to be maintained under this title are located2 7#b7 may at reasonable times1 and without delay1 have access to records1 inspect any monitoring equipment1 or review any method of operation required under this title2 7#c7 may engage in any work and do all things necessary or expedient to implement and administer the provisions of this title2 and 7#d7 may1 if accompanied by any appropriate law enforcement officer1 or an appropriate law enforcement officer alone1 stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying hardrock minerals1 concentrates1 or products derived therefrom from a claim site on ,federal lands or allocated to such claim site4 ,such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law1 if such documentation is required under this title4 #bcd4 ,regulations ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall issue such regulations as are necessary to implement this ,act4 ,the regulations implementing subtitle ,b1 subtitle ,c1 subtitle ,d1 and subtitle ,e that affect the ,forest ,service shall be joint regulations issued by both ,secretaries1 and shall be issued no later than #ahj days after the date of enactment of this ,act4 #bce4 ,availability of public records ,copies of records1 reports1 inspection materials1 or information obtained by the ,secretary of the ,interior or the ,secretary of ,agriculture under this title shall be made immediately available to the public1 consistent with section #eeb of title #e1 ,united ,states ,code1 in central and sufficient locations in the county1 multicounty1 and ,state area of mineral activity or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the ,internet4