,,ib ,union ,calendar ,no4 #cgd #aafth ,,congress #b;d ,session ,h4 ,r4 #begi ,report ,no4 #aaf-dfg ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjai,mr4 ,grijalva 7for himself1 ,mr4 ,beyer1 ,mr4 ,blumenauer1 ,mr4 ,cartwright1 ,mr4 ,de,fazio1 ,ms4 ,de,gette1 ,mr4 ,garamendi1 ,ms4 ,haaland1 ,mr4 ,huffman1 ,mr4 ,levin of ,california1 ,mr4 ,lowenthal1 ,mr4 ,mc,govern1 ,mrs4 ,napolitano1 ,ms4 ,norton1 ,mr4 ,pocan1 and ,mr4 ,soto7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,august #d1 #bjbj;,additional sponsors3 ,mr4 ,lujn1 ,mr4 ,van ,drew1 ,ms4 ,roybal-,allard1 ,ms4 ,lofgren1 ,mr4 ,malinowski1 ,ms4 ,velzquez1 ,mrs4 ,dingell1 ,mr4 ,tonko1 ,mr4 ,neguse1 ,ms4 ,mc,collum1 ,ms4 ,pingree1 and ,ms4 ,tlaib ,august #d1 #bjbj,reported with an amendment2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,may #h1 #bjai ,a ,,bill ,to modify the requirements applicable to locatable minerals on public domain lands1 consistent with the principles of self-initiation of mining claims1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hardrock ,leasing and ,reclamation ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions and references4,sec4 #c4 ,application rules4,title ,i--,mineral ,leasing1 ,exploration1 and ,development,sec4 #aja4 ,closure to entry and location4,sec4 #ajb4 ,limitation on patents4,sec4 #ajc4 ,prospecting license and hardrock leases4,sec4 #ajd4 ,competitive leasing4,sec4 #aje4 ,small miners leases4,sec4 #ajf4 ,lands containing nonhardrock minerals2 other uses4,sec4 #ajg4 ,royalty4,sec4 #ajh4 ,existing production4,sec4 #aji4 ,hardrock mining claim maintenance fee4,sec4 #aaj4 ,effect of payments for use and occupancy of claims4,sec4 #aaa4 ,protection of special places4,sec4 #aab4 ,suitability determination4,title ,,ii--,consultation ,procedure,sec4 #bja4 ,requirement for consultation4,sec4 #bjb4 ,timing4,sec4 #bjc4 ,scoping stage consultation4,sec4 #bjd4 ,decision stage procedures4,sec4 #bje4 ,documentation and reporting4,sec4 #bjf4 ,implementation4,sec4 #bjg4 ,sensitive ,tribal information4,title ,,iii--,environmental ,considerations of ,mineral ,exploration and ,development,sec4 #cja4 ,general standard for hardrock mining on ,federal land4,sec4 #cjb4 ,permits4,sec4 #cjc4 ,exploration permit4,sec4 #cjd4 ,operations permit4,sec4 #cje4 ,persons ineligible for permits4,sec4 #cjf4 ,financial assurance4,sec4 #cjg4 ,operation and reclamation4,sec4 #cjh4 ,state law and regulation4,title ,,iv--,abandoned ,hardrock ,mine ,reclamation,sec4 #dja4 ,establishment of ,fund4,sec4 #djb4 ,contents of ,fund4,sec4 #djc4 ,displaced material reclamation fee4,sec4 #djd4 ,use and objectives of the ,fund4,sec4 #dje4 ,eligible lands and waters4,sec4 #djf4 ,authorization of appropriations4,title ,v--,additional ,provisions,sec4 #eja4 ,policy functions4,sec4 #ejb4 ,user fees and inflation adjustment4,sec4 #ejc4 ,inspection and monitoring4,sec4 #ejd4 ,citizens suits4,sec4 #eje4 ,administrative and judicial review4,sec4 #ejf4 ,reporting requirements4,sec4 #ejg4 ,enforcement4,sec4 #ejh4 ,regulations4,sec4 #eji4 ,oil shale claims4,sec4 #eaj4 ,savings clause4,sec4 #eaa4 ,availability of public records4,sec4 #eab4 ,miscellaneous powers4,sec4 #eac4 ,mineral materials4,sec4 #ead4 ,effective date4 #b4 ,definitions and references 7a7 ,in general ,as used in this ,act3 7#a7 ,the term adjacent land means any land not more than two miles from the boundary of a described land tract4 7#b7 ,the term affiliate means1 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#c7 ,the term agency means any authority of the ,united ,states that is an agency under section #cejb7a7 of title #dd1 ,united ,states ,code4 7#d7 ,the term applicant means any person applying for a permit1 license1 or lease under this ,act or a modification to or a renewal of a permit1 license1 or lease under this ,act4 7#e7 ,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 physical and chemical separation techniques4 7#f7 ,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#g7 ,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 laws4 ,such term may include an agent of a claim holder4 7#h7 ,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 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#i7 ,the term crude ore means ore in its unprocessed form1 containing profitable amounts of the target mineral4 7#aj7 ,the term displaced material means any crude ore and waste dislodged from its location at the time hardrock mineral activities begin at a surface1 underground1 or in-situ mine4 7#aa7 ,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 hardrock mineral values2 and 7,c7 does not include extraction of mineral material for commercial use or sale4 7#ab7 ,the term ,federal land means any land1 and any interest in land1 that is owned by the ,united ,states1 except lands in the ,national ,park ,system1 ,indian lands1 and lands on the ,outer ,continental ,shelf4 7#ac7 ,the term ,fund means the ,hardrock ,minerals ,reclamation ,fund established by this ,act4 7#ad7 ,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 alienation1 or held by an ,alaska ,native village1 village corporation1 or regional corporation as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7#ae7 ,the term ,indian ,tribe means any ,indian ,tribe1 band1 nation1 pueblo1 or other organized group or community1 including any ,alaska ,native village1 village corporation1 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#af7 ,the term hardrock mineral-- 7,a7 subject to subparagraph 7,b71 means any mineral that was subject to location under the general mining laws as of the date of enactment of this ,act1 and that is not subject to disposition under-- 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#ag7 ,the term mineral activities means any activity on a mining claim1 millsite claim1 or tunnel site claim1 or a lease1 license1 or permit issued under this ,act1 for1 related to1 or incidental to1 mineral exploration1 mining1 beneficiation1 processing1 or reclamation activities for any hardrock mineral4 7#ah7 ,the term memorandum of agreement means a document that records the terms and conditions agreed upon by an agency and an ,indian ,tribe through the consultation process regarding an activity4 7#ai7 ,the term ,national ,conservation ,system unit means any unit of the ,national ,park ,system1 ,national ,wildlife ,refuge ,system1 ,national ,wild and ,scenic ,rivers ,system1 ,national ,wilderness ,preservation ,system1 ,national ,landscape ,conservation ,system1 or ,national ,trails ,system1 or a ,national ,conservation ,area1 a ,national ,recreation ,area1 a ,wilderness ,study ,area1 a ,national ,monument1 or any unit of the ,national ,wilderness ,preservation ,system or lands within the ,national ,forest ,system1 including3 7,a7 ,national ,volcanic ,monuments4 7,b7 ,recreation ,areas1 ,scenic ,recreation ,areas1 and ,winter ,recreation ,areas4 7,c7 ,scenic ,areas1 ,scenic-,research ,areas1 ,scenic ,highways1 ,national ,scenic and ,wildlife ,areas4 7,d7 ,national ,game and ,wildlife ,preserves4 7,e7 ,special ,management1 ,wildlife1 ,conservation and ,protection ,areas1 including botanical1 hydrological 7watershed71 geological1 historical1 paleontological1 and zoological areas4 7,f7 ,experimental ,forests1 ,ranges1 and ,watersheds4 7,g7 ,research ,sites and ,research ,natural ,areas4 7,h7 ,inventoried ,roadless ,area1 ,colorado ,roadless ,area1 and ,idaho ,roadless ,area4 7,i7 ,recommended ,wilderness and ,primitive ,areas4 7#bj7 ,the term operator means any person proposing or authorized by a permit issued under this ,act to conduct mineral activities and any agent of such person4 7#ba7 ,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#bb7 ,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#bc7 ,the term sacred site means any specific delineated location on ,federal land that is identified by an ,indian ,tribe-- 7,a7 as sacred by virtue of its established religious significance to1 or ceremonial use by1 an ,indian religion2 or 7,b7 to be of established cultural significance4 7#bd7 ,the term ,secretary means the ,secretary of the ,interior1 unless otherwise specified4 7#be7 ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service7 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior 7acting through the ,director of the ,bureau of ,land ,management7 with respect to other ,federal land4 7#bf7 7,a7 ,the term small miner means a person 7including all related parties thereto7 that-- 7i7 holds not more than #aj mining claims1 mill sites1 or tunnel sites1 or any combination thereof1 on public lands2 7ii7 holds leases and permits under this ,act with respect to not more than #bjj acres of ,federal land2 7iii7 certifies to the ,secretary in writing that the person had annual gross income in the preceding calendar year from mineral production in an amount less than #ej1jjj2 and 7iv7 has performed assessment work required under the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 to maintain any mining claims held by the person 7including such related parties7 for the assessment year ending on noon of ,september #a of the calendar year in which payment of the claim maintenance fee was due4 7,b7 ,for purposes of subparagraph 7,a71 with respect to any person1 the term all related parties means-- 7i7 the spouse and dependent children 7as defined in section #aeb of the ,internal ,revenue ,code of #aihf71 of the person concerned2 or 7ii7 a person affiliated with the person concerned1 including-- 7,i7 another person controlled by1 controlling1 or under common control with the person concerned2 or 7,,ii7 a subsidiary or parent company or corporation of the person concerned4 7,c7 ,for purposes of subparagraph 7,a77iii71 the dollar amount shall be applied1 for a person1 to the aggregate of all annual gross income from mineral production under all mining claims held by or assigned to such person or all related parties with respect to such person1 including mining claims located or for which a patent was issued before the date of the enactment of this ,act4 7#bg7 ,the term temporary cessation means a halt in mine-related production activities for a continuous period of no longer than #e years4 7#bh7 ,the term ton means #b1jjj pounds avoirdupois 74#ijgah metric ton74 7#bi7 ,the term undue degradation means irreparable harm to significant scientific1 cultural1 or environmental resources on public lands4 7#cj7 ,the term valuable mineral deposit means a deposit of hardrock minerals that is of sufficient value for a prudent operator to economically mine4 7#ca7 ,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 ,general mining laws ,any reference in this ,act 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 ,act of ,july #bc1 #aiee ,any reference in this ,act 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 #c4 ,application rules 7a7 ,in general ,this ,act applies to any mining claim1 millsite claim1 or tunnel site claim located under the general mining laws1 before or on the date of enactment of this ,act4 7b7 ,application of ,act to beneficiation and processing of non-,federal minerals on ,federal lands ,the provisions of this ,act shall apply in the same manner and to the same extent to mining claims1 millsite claims1 tunnel site claims1 and any land included in a lease or license issued under this ,act1 used for beneficiation or processing activities for any hardrock mineral4 ,i ,mineral ,leasing1 ,exploration1 and ,development #aja4 ,closure to entry and location 7a7 ,closure ,except as otherwise provided in this section1 as of the effective date of this ,act all ,federal lands are closed to entry and location under the general mining laws1 and no new rights under the general mining laws may be acquired4 7b7 ,existing nonproducing claims 7#a7 ,claims without plan of operations ,any claim under the general mining laws existing on the effective date of this ,act for which a plan of operations is not approved1 or a notice of operations is not filed1 before such date shall be subject to the requirements of this ,act1 and may remain in effect until not later than the end of the #aj-year period beginning on the date of enactment of this ,act if the claimholder remains in compliance with section #aji1 unless the claim holder-- 7,a7 relinquishes the claim2 or 7,b7 demonstrates eligibility for a lease and requests conversion under the regulations issued under subsection 7d74 7#b7 ,shortening of period ,the #aj-year period referred to in paragraph 7#a7 shall be shortened to #c years if-- 7,a7 the claim is for an area that is located in an area withdrawn or temporarily segregated from location under the general mining laws as of the effective date of this ,act2 or 7,b7 the claim belongs to a small miner4 7#c7 ,conversion ,upon showing to the satisfaction of the ,secretary of a valuable mineral deposit on lands subject to such a claim1 the ,secretary may convert the claim to a noncompetitive lease under the regulations issued under subsection 7d74 7#d7 ,claims not converted ,any such claims not converted to leases at the end of the applicable period under paragraph 7#a7 or 7#b7 shall be considered invalid and void4 7c7 ,existing claims with plan of operation 7#a7 ,in general ,in the case of any claim under the general mining laws for which a plan of operations has been approved but for which operations have not commenced before the date of enactment of this ,act-- 7,a7 during the #aj-year period beginning on the date of enactment of this ,act-- 7i7 mineral activities on lands subject to such claim shall be subject to such plan of operations2 and 7ii7 modification of such plan may be made in accordance with the provisions of law applicable before the date of the enactment of this ,act if such modifications are considered minor by the ,secretary concerned2 and 7,b7 the operator shall bring such mineral activities into compliance with this ,act by the end of such #aj-year period4 7#b7 ,activities pending decision on modification to plan of operations ,if an application for modification of a plan of operations referred to in paragraph 7#a77;,a77ii7 has been timely submitted and an approved plan expires before the ,secretary concerned takes action on the application1 mineral activities and reclamation may continue in accordance with the terms of the expired plan until such ,secretary makes an administrative decision on the application4 7#c7 ,conversion requirement ,any claims referred to in paragraph 7#a7 may remain in effect for a period of up to #aj years4 ,any claim not converted to a lease under subsection 7d7 before the end of that period shall be subject to a fee of #ajj per acre per day until the claim is converted to a lease4 7d7 ,conversion regulations 7#a7 ,in general ,the ,secretary shall issue regulations not later than one year after the date of the enactment of this ,act to provide for the conversion of mining claims to noncompetitive mining leases4 7#b7 ,content ,the regulations issued under paragraph 7#a7 shall-- 7,a7 prohibit the conversion of a mining claim to a mining lease by a claimholder who is in violation of this ,act or other ,state or ,federal environmental1 health1 or worker safety law2 7,b7 allow the ,secretary to exercise discretion to include nonmineral lands within the boundaries of any mill site associated with the mining claim to be converted to a noncompetitive lease2 7,c7 prohibit the area in any noncompetitive mining lease issued under this subsection to exceed the maximum area authorized by this ,act to be leased to any person2 7,d7 require the consent of the surface managing agency for conversion of a mining claim to a noncompetitive mining lease2 7,e7 require the fiscal terms of the converted noncompetitive mining lease to be the same as provided in this ,act for other hardrock mining leases2 7,f7 require compliance with all provisions of this ,act2 and 7,g7 include any other terms the ,secretary considers appropriate4 7e7 ,national ,environmental ,policy ,act ,the ,secretary is not required to conduct an environmental analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the issuance of a noncompetitive lease under this section1 unless the noncompetitive lease modifies or extends the surface disturbance already authorized under a mine plan of operations covering the mining claim that is converted4 #ajb4 ,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 #cj71 in the case of a vein or lode claim1 or sections #bcbi1 #bccj1 #bcca1 and #bccc of the ,revised ,statutes 7#cj ,u4,s4,c4 #ce1 #cf1 and #cg71 in the case of a placer claim1 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 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 such millsite-- 7,a7 a patent application for the land subject to such claim 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 before that date4 7#b7 ,right to patent ,if the ,secretary makes the determinations described 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 such determinations are withdrawn or invalidated by the ,secretary or by a court of the ,united ,states4 #ajc4 ,prospecting license and hardrock leases 7a7 ,in general ,no person may conduct mineral prospecting for commercial purposes for any hardrock mineral on ,federal lands without a prospecting license or a small miners lease4 7b7 ,prospecting licenses 7#a7 ,in general ,the ,secretary may1 under such rules and regulations as the ,secretary may prescribe and with the concurrence of the relevant surface management agency1 grant an applicant a prospecting license that shall give the exclusive right to prospect for specified hardrock minerals on ,federal lands for a period of not exceeding two years4 7#b7 ,maximum area ,the area subject to such a license shall not exceed #b1efj acres of land1 in reasonably compact form4 7#c7 ,license application fee ,the ,secretary shall charge a fee for each license application to cover the costs of processing the license1 and the license shall be subject to annual rentals equal to #aj per acre per year4 7#d7 ,terms and conditions ,a prospecting license must conform with the terms and conditions of a comprehensive land use plan approved under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 or the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq474 ,for areas where a comprehensive land use plan treating hardrock mining as a multiple-use activity has not been completed1 the ,secretary concerned shall ensure that the land to be covered by the license is suitable for mineral activities4 7#e7 ,extension ,a prospecting license may be extended for up to an additional four years upon a showing by the licensee that the licensee explored with reasonable diligence and was unable to determine the existence and workability of a valuable deposit covered by the license1 or that the failure to perform diligent prospecting activities was due to conditions beyond the licensee's control4 7c7 ,noncompetitive leases 7#a7 ,in general ,upon a showing to the satisfaction of the ,secretary by a prospecting licensee under subsection 7a7 that a valuable deposit of a hardrock mineral has been discovered by the licensee within an area covered by the prospecting license and with the consent of the surface agency1 the licensee shall be entitled to a lease for any or all of the land included in the prospecting license1 as well as any nonmineral lands necessary for processing or milling operations1 at a royalty of no less than #ab4e percent of the gross value of production of hardrock minerals or mineral concentrates or products derived from hardrock minerals under the lease4 ,rentals for such lease shall be set by the ,secretary at no less than #aj per acre per year1 with rentals paid in any one year credited against royalties accruing for that year4 ,the recipient of such lease is not entitled to an operations permit4 7#b7 ,lease period 7,a7 ,in general ,a lease under this section shall be for a period of #bj years1 with the right to renew for successive periods of #aj years if hardrock minerals are being produced in commercial quantities under the lease4 7,b7 ,extension during nonproduction ,if hardrock minerals are not being produced in commercial quantities at the end of the primary term or any subsequent term of such a lease1 the ,secretary may issue a #aj-year extension of the lease in the interest of conservation1 reclamation maintenance1 or upon a successful showing by the lessee that the lease cannot be successfully operated at a profit or for other reasons4 ,no more than one extension under this subparagraph may be issued4 7d7 ,cumulative acreage limitation ,no person may take1 hold1 own1 or control at one time1 whether acquired directly from the ,secretary under this ,act or otherwise1 hardrock mining leases or licenses for an aggregate of more than #bj1dhj acres in any one ,state4 7e7 ,reduction of royalty rate 7#a7 ,subject to paragraph 7#b71 ,the ,secretary-- 7,a7 may reduce the royalty rate for a lease upon a showing by clear and convincing evidence by the person conducting mineral activities under the lease that production would not occur without the reduction in royalty2 and 7,b7 may reduce royalty and rental rates for a lease to encourage exploration for and development of hardrock minerals classified as strategic and critical by the ,department of ,energy4 7#b7 ,the ,secretary may not reduce the royalty rate for a lease pursuant to paragraph 7#a7 to a royalty rate of less than #f4be percent4 7f7 ,protection of land and other resources ,the ,secretary may include in any lease or license issued under this ,act such provisions as are necessary to adequately protect the lands and other resources in the vicinity of the area subject to the lease or license4 ,for land not managed by the ,department of the ,interior1 the ,secretary shall consult with the appropriate surface management agency in formulating such provisions4 #ajd4 ,competitive leasing 7a7 ,in general ,subject to sections #aaa and #aab1 ,federal lands known to contain valuable deposits of hardrock minerals that are not covered by claims1 licenses1 or leases may only be open to hardrock mineral exploration or development through competitive leasing by the ,secretary by such methods the ,secretary may adopt by regulation and in such areas as the ,secretary may determine1 including nonmineral lands the ,secretary considers necessary for processing or milling operations4 ,the total area of land subject to any such lease shall not exceed #b1efj acres4 7b7 ,terms and requirements ,all terms and requirements for competitive leases under this section shall be the same as if the leases were issued noncompetitively under section #ajc7;c74 #aje4 ,small miners leases 7a7 ,in general ,the ,secretary may issue small miners leases to qualified small miners that apply1 under such rules and regulations as the ,secretary may prescribe1 including conditions to require diligent development of the lease and to ensure protection of surface resources and groundwater4 7b7 ,exclusive right ,a small miners lease shall give the leaseholder the exclusive right to prospect for hardrock minerals for #c years on up to #bjj acres of contiguous or non-contiguous ,federal land4 7c7 ,application fee ,the ,secretary shall charge a reasonable application fee for such a lease4 7d7 ,rentals ,rentals for such a lease shall be #e per acre per year for the first #c years4 7e7 ,renewal ,such leases may be renewed for additional #c-year periods1 with no limit1 with a #aj per acre per year rental charged for renewed leases4 7f7 ,challenge ,any individual may file a challenge with the ,secretary that a leaseholder is in violation of the diligence terms of a small miners lease or does not qualify as a small miner4 ,a small miners lease that is under such a challenge may not be renewed unless the ,secretary has determined that the leaseholder is a small miner and is in compliance with all the terms of the lease4 7g7 ,no royalties ,no royalties shall be charged for commercial production under a small miners lease4 7h7 ,conversion of existing claims ,an existing claim1 as of ,january #a1 #bjai1 that belongs to an individual that qualifies as a small miner may be converted to a small miners lease under the same terms and conditions that apply to other small miners leases1 except that such lease-- 7#a7 shall not be subject to rental during the primary term of the lease2 7#b7 shall be subject to a rental of #e per acre per year for the first #c-year renewal of the lease2 and 7#c7 shall be subject to a rental of #aj per acre per year for any subsequent #c-year renewal of the lease4 7i7 ,limitations ,a small miners lease-- 7#a7 may only be held by the primary leaseholder1 a spouse thereof1 or a direct descendent thereof2 7#b7 may not be sold or transferred1 other than to a spouse or direct descendent of the primary leaseholder2 and 7#c7 is subject to all permitting requirements under this ,act4 7j7 ,conversion to hardrock mineral lease ,if1 with regards to a lease1 the leaseholder no longer qualifies as a small miner at the time such leaseholder applies for a renewal of such lease1 such leaseholder shall not be eligible to renew the small miners lease1 but shall be eligible for a noncompetitive hardrock mineral lease issued under section #ajc7;c74 ,notwithstanding section #ajc7;c77#a71 royalties under such a lease shall only be due on the gross income that exceeds the amount of gross income specified in such definition as of the time the hardrock mineral lease is issued4 #ajf4 ,lands containing nonhardrock minerals2 other uses 7a7 ,in general ,in issuing licenses and leases under this ,act for lands that contain deposits of coal or other nonhardrock minerals1 the ,secretary shall reserve to the ,united ,states such nonhardrock minerals for disposal under applicable laws4 7b7 ,other uses of licensed and leased lands 7#a7 ,in general ,the ,secretary shall promulgate regulations to allow for other uses of the lands covered by a prospecting license under this ,act1 including leases for other minerals1 if such other uses would not unreasonably interfere with operations under the prospecting license4 7#b7 ,prospecting licenses ,the ,secretary shall include in such prospecting licenses such terms and conditions as the ,secretary finds necessary to avoid unreasonable interference with other uses occurring on1 or other leases of1 the licensed lands4 7#c7 ,leases ,the ,secretary shall include in leases under this ,act stipulations to allow for simultaneous operations under other leases for the same lands4 #ajg4 ,royalty 7a7 ,existing production ,production of hardrock minerals on ,federal land under an operations permit from which valuable hardrock minerals were produced in commercial quantities before the date of the enactment of this ,act1 other than production under a small miners lease1 shall be subject to a royalty established by the ,secretary at no less than #h percent of the gross value of such production1 or of mineral concentrates or products derived from hardrock minerals4 ,any ,federal land added through a plan modification to an operations permit on ,federal land that is submitted after the date of enactment of this ,act shall be subject to a royalty established by the ,secretary for such lease of no less than #ab4e percent of the gross value of production of hardrock minerals1 or mineral concentrates or products derived from hardrock minerals4 7b7 ,liability ,the claim or leaseholder1 or any operator to whom the claim or lease holder has assigned the obligation to make royalty payments under the claim or lease and any person who controls such claim or lease holder or operator1 shall be liable for payment of such royalties4 7c7 ,disposition ,of the revenues collected under this title1 including rents1 royalties1 claim maintenance fees1 interest charges1 fines1 and penalties-- 7#a7 #be percent shall be paid to the ,state within the boundaries of which the leased1 licensed1 or claimed lands1 or operations subject to such interest charges1 fines1 or penalties are or were located2 and 7#b7 the remainder shall be deposited in the account established under section #dja4 7d7 ,duties of claim or lease holders1 operators1 and transporters 7#a7 ,regulation ,the ,secretary shall prescribe by rule the time and manner in which-- 7,a7 a person who is required to make a royalty payment under this section shall make such payment2 and 7,b7 shall notify the ,secretary of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim or lease under this title4 7#b7 ,written instrument ,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 7#c7 ,additional amounts ,such responsibility for the periods referred to in paragraph 7#b7 shall include any and all additional amounts billed by the ,secretary and determined to be due by final agency or judicial action4 7#d7 ,joint and several liability ,any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the period4 7#e7 ,obligations ,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 hardrock minerals1 concentrates1 or products derived therefrom that are produced or stored on the area subject to a mining claim or lease1 and such provisions shall conform with such minimum standards as the ,secretary may prescribe by rule1 taking into account the variety of circumstances on areas subject to mining claims and leases2 and 7,b7 not later than the #eth business day after production begins anywhere on an area subject to a mining claim or lease1 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#f7 ,required documentation ,the ,secretary may by rule require any person engaged in transporting a hardrock mineral1 concentrate1 or product derived therefrom 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 hardrock mineral1 concentrate1 or product derived therefrom in such circumstances as the ,secretary determines is appropriate4 7e7 ,recordkeeping and reporting requirements 7#a7 ,in general ,a claim or lease holder1 operator1 or other person directly involved in developing1 producing1 processing1 transporting1 purchasing1 or selling hardrock minerals1 concentrates1 or products derived therefrom1 subject to this ,act1 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 include periodic reports1 records1 documents1 and other data4 ,such reports may also include pertinent technical and financial data relating to the quantity1 quality1 composition volume1 weight1 and assay of all minerals extracted from the mining claim or lease4 7#b7 ,availability for inspection ,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 7#c7 ,forfeiture ,failure by a claim or lease 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 claim or lease4 7#d7 ,maintenance of records ,records required by the ,secretary under this section shall be maintained for #g years after release of financial assurance under section #cjf 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 7f7 ,audits ,the ,secretary is authorized to conduct such audits of all claim or lease holders1 operators1 transporters1 purchasers1 processors1 or other persons directly or indirectly involved in the production or sale of minerals covered by this ,act1 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 7g7 ,cooperative agreements 7#a7 ,in general ,the ,secretary is authorized to enter into cooperative agreements with the ,secretary of ,agriculture to share information concerning the royalty management of hardrock 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 ,secretary of ,agriculture ,except as provided in paragraph 7#c71 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 hardrock minerals1 concentrates1 or products derived therefrom from claims or leases on lands open to location under this ,act4 7#c7 ,trade secrets ,trade secrets1 proprietary1 and other confidential information protected from disclosure under section #eeb of title #e1 ,united ,states ,code1 shall be made available by the ,secretary to other ,federal agencies as necessary to assure compliance with this ,act 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 7h7 ,interest and substantial underreporting assessments 7#a7 ,payments not received ,in the case of mining claims or leases where royalty payments are not received by the ,secretary on the date that such payments are 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 ,underreporting ,if there is any underreporting of royalty owed on production from a claim or lease for any production month by any person liable for royalty payments under this section1 the ,secretary shall assess a penalty of not greater than #be percent of the amount of that underreporting4 7#c7 ,self-reporting ,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#d7 ,waiver ,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 7#e7 ,definition ,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#f7 ,hardrock ,minerals ,reclamation ,fund ,all penalties collected under this subsection shall be deposited in the ,hardrock ,minerals ,reclamation ,fund established by this ,act4 7i7 ,expanded royalty obligations ,each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all hardrock minerals1 concentrates1 or products derived therefrom lost or wasted from a mining claim or lease when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule1 regulation1 or order issued under this section4 7j7 ,gross income from mining defined ,for the purposes of this section1 for any hardrock 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 7k7 ,effective date ,royalties under this ,act shall take effect with respect to the production of hardrock 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 7l7 ,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 or lease maintained in compliance with this ,act were a lease under such ,act4 #ajh4 ,existing production ,the holder of a mining claim located or converted under this ,act for which mineral activities have already commenced under an approved plan of operations as of the date of enactment of this ,act shall have the exclusive right of possession and use of the claimed land for mineral activities1 including the right of ingress and egress to such claimed lands for such activities1 subject to the rights of the ,united ,states under this ,act and other applicable ,federal law4 ,such rights of the claim holder shall terminate upon completion of mineral activities on such lands to the satisfaction of the ,secretary4 #aji4 ,hardrock mining claim maintenance fee 7a7 ,fee 7#a7 ,in general 7,a7 ,required fees ,except as provided in section #beaa7;e77#b7 of the ,energy ,policy ,act of #aiib 7#cj ,u4,s4,c4 #bdb71 or as otherwise provided in this ,act1 for each unpatented mining claim1 mill1 or tunnel site on federally owned lands1 whether located before or on the date of 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 #cad 7a7 and 7c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd 7a7 and 7c774 7,b7 ,fee adjustments ,any adjustment to the fees under this subsection under section #ejb shall begin to apply the calendar year following the calendar year in which such adjustment is made4 7,c7 ,exception for small miners ,subparagraph 7,a7 and the assessment work requirement contained in the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 shall not apply with respect to any claim held by a small miner4 7#b7 ,moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the ,department of the ,interior shall be deposited in the ,hardrock ,minerals ,reclamation ,fund established by section #dja4 7b7 ,co-,ownership ,the co-ownership provisions of the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 shall remain in effect except that the annual claim maintenance fee1 where applicable1 shall replace applicable assessment requirements and expenditures4 7c7 ,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 7d7 ,other requirements 7#a7 ,required filings ,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 ,mining ,law of #ahgb ,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 ,hardrock ,leasing and ,reclamation ,act of #bjai after ,act of #aiic4 #aaj4 ,effect of payments for use and occupancy of claims ,except as otherwise provided in section #aja1 timely payment of the claim maintenance fee required by section #aji or any related law relating to the use of ,federal land1 asserts the claimant's authority to use and occupy the ,federal land concerned for prospecting and exploration1 consistent with the requirements of this ,act and other applicable law4 #aaa4 ,protection of special places 7a7 ,protection of national park system units and national monuments ,no permit shall be issued under this ,act that authorizes mineral activities that would impair the land or resources of a unit of the ,national ,park ,system or a national monument4 ,for purposes of this subsection1 the term impair includes 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 ,system unit or a national monument4 7b7 ,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 ,act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established4 7c7 ,lands not open to mining ,notwithstanding any other provision of law and subject to valid existing rights1 no hardrock mining activity shall be allowed in any of the following3 7#a7 ,sacred sites4 7#b7 ,wilderness study areas4 7#c7 ,designated critical habitat4 7#d7 ,areas of critical environmental concern4 7#e7 ,units of the ,national ,conservation ,system4 7#f7 ,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#g7 ,inventoried ,roadless ,areas under the ,roadless ,area ,conservation ,rule1 part #bid of title #cf1 ,code of ,federal ,regulations1 ,colorado ,roadless ,areas1 or ,idaho ,roadless ,areas4 #aab4 ,suitability determination 7a7 ,in general ,the ,secretary concerned shall make each determination of whether lands are suitable for mineral activities that is otherwise required by this ,act1 in accordance with subsection 7b74 7b7 ,suitability 7#a7 ,in general ,the ,secretary concerned shall consider lands suitable for mineral activities if the ,secretary concerned finds that such activities would not result in undue degradation to a special characteristic described in paragraph 7#b7 that cannot be prevented by the imposition of conditions in the permit required for such activities under title ,,iii4 7#b7 ,special characteristics ,for purposes of paragraph 7#a7 the ,secretary concerned shall consider each of the following to be a special characteristic3 7,a7 ,the existence of a significant water resource or supply in or associated with such lands1 including any aquifer or aquifer recharge area4 7,b7 ,the presence on such lands1 or any adjacent land1 of a publicly owned place that is listed on1 or determined by the ,secretary of the ,interior to be eligible for listing on1 the ,national ,register of ,historic ,places4 7,c7 ,the designation of all or any portion of such lands1 or any adjacent land1 as a ,national ,conservation ,system unit4 7,d7 ,the designation of all or any portion of such lands1 or any adjacent land1 as critical habitat under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,e7 ,the designation of all or any portion of such lands1 or any adjacent land1 as a class ,i area under section #afb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdgb74 7,f7 ,the presence of such other resource values as the ,secretary concerned may by rule specify1 determined based upon field testing1 evaluation1 or credible information that verifies such values4 7,g7 ,the designation of such lands1 or adjacent land1 as a ,research ,natural ,area4 7,h7 ,the presence on such lands1 or any adjacent land1 of a sacred site4 7,i7 ,the presence or designation of such lands adjacent to lands not open to mining pursuant to section #aaa4 7#c7 ,a determination under this subsection of suitability for mineral activities shall be made after publication of notice and an opportunity for submission of public comment for a period of not less than #fj days4 7#d7 ,any determination made in accordance with this subsection with respect to lands shall be incorporated into each ,federal land use plan applicable to such lands1 at the time such plan is adopted1 revised1 or significantly amended pursuant to any ,federal law other than this ,act4 7c7 ,change request ,the ,secretary concerned shall1 by rule1 provide for an opportunity for any person to request a change in determination for any ,federal land found suitable under subsection 7a74 7d7 ,existing operations ,nothing in this section shall be construed as affecting lands on which mineral activities were being conducted on the date of enactment of this ,act under an approved plan of operations or under notice4 ,,ii ,consultation ,procedure #bja4 ,requirement for consultation 7a7 ,scope ,agencies shall ensure meaningful and timely consultation with ,indian ,tribes and ,tribal officials prior to undertaking any mineral activities that may have substantial direct1 indirect1 or cumulative impacts on-- 7#a7 the lands1 including allotted1 ceded1 or traditional lands1 or interests of an ,indian ,tribe or a member of an ,indian ,tribe2 7#b7 any part of any ,federal land that shares a border with ,indian country1 as such term is defined in section #aaea of title #ah1 ,united ,states ,code2 7#c7 the relationship between the ,federal ,government and an ,indian ,tribe2 or 7#d7 the distribution of power and responsibilities between the ,federal ,government and an ,indian ,tribe4 7b7 ,multiagency mineral activities ,if more than one agency is involved in a mineral activity1 some or all of the agencies may designate a lead agency1 which shall be responsible for fulfilling the consultation required under subsection 7a74 an agency that does not designate a lead agency shall remain individually responsible for the consultation required under subsection 7a74 ,all agencies involved in the mineral activity shall remain involved in and engaged with the consultation process regardless of whether or not a lead agency has been designated4 7c7 ,limitation ,nothing in this ,act shall exempt an agency from additional consultation required under any other law or from taking any other consultative actions as required by any other law or agency prerogative in addition to those required by this ,act4 ,nor does it preclude an agency from additional consultation that complies with agency regulations for consultation1 advances agency consultation practices1 or supports agency efforts to build or strengthen government-to-government relationships with an ,indian ,tribe4 7d7 ,temporary waiver 7#a7 ,in general ,the agency may temporarily waive the requirements of this title in all or any portion of any emergency area during all or any portion of an emergency period4 7#b7 ,duration of waiver ,a temporary waiver under this subsection shall end upon the termination of the applicable emergency period4 7#c7 ,definitions ,for the purposes of this subsection-- 7,a7 the term emergency area means a geographical area in which there exists an emergency or disaster declared by the ,president pursuant to the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 and 7,b7 the term emergency period means the period during which there exists an emergency or disaster declared by the ,president pursuant to the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 #bjb4 ,timing ,consultation under sections #bjc and #bjd shall be completed before any ,federal funds are expended for the mineral activity and before the issuance of any license4 #bjc4 ,scoping stage consultation 7a7 ,planning document ,as early as possible in the planning stage of a mineral activity1 the agency shall compile a draft of the scope of the project4 ,the agency shall make a reasonable and good faith effort1 consistent with section #hjj4d7;b77#a7 of title #cf1 ,code of ,federal ,regulations1 as such regulation was in effect on ,july #f1 #bjjd1 to identify areas that contain sites important to ,indian ,tribes whether or not such sites are explicitly known to the agency4 ,the agency shall make a reasonable and good faith effort to identify any geographic areas important to ,indian ,tribes that might be affected and any other anticipated impacts to ,tribal interests4 7b7 ,initial consultation contact ,the agency-- 7#a7 shall send1 via ,united ,states mail and1 if possible1 email1 a copy of the planning document and a letter requesting consultation meetings to the relevant ,tribal ,government officials1 including the ,tribal leader and all members of any elected ,tribal governing body1 relevant ,tribal governmental agencies 7including the ,tribal ,historic ,preservation ,officer or cultural resource manager71 owners of individual allotments1 other stakeholders identified by the ,tribe1 and relevant non-,tribal stakeholders 7including the ,state ,historic ,preservation ,officer and local governments that have jurisdiction on any affected land via agreement with the agency72 and 7#b7 shall follow up with phone calls to confirm receipt of the documents by all intended recipients4 7c7 ,consultation meeting arrangements ,the agency shall negotiate with the affected ,indian ,tribes to determine the time1 place1 agenda1 travel funds1 facilitator1 format1 and goals of a consultation meeting4 ,the agency shall keep thorough documentation of all steps taken to contact and engage the affected ,indian ,tribes in consultation4 ,if1 after a good faith effort1 the agency fails to engage the affected ,indian ,tribes1 it may terminate its scoping stage consultation efforts by providing all consultation partners with a written notification and explanation for its decision to end scoping stage consultation efforts1 signed by the head of the agency1 and proceed to the decision stage procedures described in section #bjd4 ,a good faith effort to consult must involve consistent and sustained efforts to contact and engage with the appropriate-level officials via the available channels of communication 7,united ,states mail1 e-mail1 and telephone74 7d7 ,scoping stage consultation meeting ,a scoping stage consultation meeting shall begin with confirmation of the format1 facilitator1 and agenda1 with adequate time scheduled for introductions and for interaction throughout the meeting among participants4 ,whenever possible1 ,tribal stakeholders 7such as allottees or interested ,tribal members7 shall be brought into the on-going planning process directly by forming ad hoc workgroups 7including ,tribal leaders or their designees7 and1 if appropriate1 initiating a process for consensual development of regulations1 such as negotiated rulemaking4 ,a scoping stage consultation meeting shall conclude with planning for the next meeting1 if necessary4 7e7 ,termination of scoping stage consultation with a memorandum of agreement 7#a7 ,termination ,except as provided by subsection 7c71 scoping stage consultation shall terminate upon the execution of a memorandum of agreement signed by the head of the agency and the affected ,indian ,tribes4 7#b7 ,signatories ,the affected ,indian ,tribes and the agency may jointly invite additional parties to be signatories of the memorandum of agreement4 ,the signatories have sole authority to execute1 amend1 or terminate the memorandum of agreement4 ,if any signatory determines that the terms of the memorandum of agreement cannot be carried out1 the signatories shall consult to seek amendment of the memorandum of agreement4 ,if the memorandum of agreement is not amended1 any signatory may terminate the agreement1 and the process will return to scoping stage consultation4 ,the agency shall provide all nonsignatory consulting partners with the opportunity to submit a written statement1 explanation1 or comment on the consultation proceedings that shall become part of the agency's official consultation record4 7#c7 ,memorandum of agreement ,the memorandum of agreement-- 7,a7 may address multiple activities if-- 7i7 the activities are similar and repetitive or are multistate or regional in scope1 or where routine management activities are undertaken at ,federal installations1 facilities1 or other land management units2 and 7ii7 the scope of the activities is clearly delineated2 7,b7 may establish standard processes for certain categories of activities determined through consultation and defined in the memorandum of agreement2 7,c7 shall include a provision for monitoring and reporting on its implementation2 7,d7 shall include provisions for termination or reconsideration if the activity has not been completed within a specified time2 7,e7 shall include provisions to address new discoveries1 which may include halting the activity and returning to scoping stage consultation2 7,f7 shall include provisions to address changes or modifications to the scope or nature of the activity1 impacts or conditions of the project or site2 7,g7 may incorporate relevant ,tribal laws1 standards1 regulations1 or policies2 7,h7 may include provisions for the protection of culturally sensitive information2 and 7,i7 shall include provisions to address and resolve disputes4 7f7 ,termination of scoping stage consultation without a memorandum of agreement ,the agency shall make a good faith effort through sustained interaction and collaboration to reach a consensus resulting in a memorandum of agreement4 ,if1 after a good faith effort and a reasonable amount of time given the nature and complexities of the proposed activity and potential impacts1 the agency determines that further consultation will not be productive1 it may terminate consultation by providing all consultation partners with a written notification and explanation for its decision1 signed by the head of the agency1 and proceed to the decision stage procedures described in section #bjd4 ,any decision by an agency to terminate consultation must be supported by an adequate documentation and evidence of its good faith efforts and the basis for its decision4 ,the affected ,indian ,tribes may at any point decide to terminate consultation4 ,in case of termination by either party1 the agency shall provide the affected ,indian ,tribes or other affected parties with the opportunity to submit a written statement1 explanation1 or comment on the consultation proceedings that will become part of the agency's official consultation record4 #bjd4 ,decision stage procedures 7a7 ,proposal document ,the agency shall compile a document consisting of the plan for the activity1 its anticipated impacts to ,tribal interests1 any memorandum of agreement1 and any written statements made by consulting partners during the scoping stage as described in section #bjc4 ,the agency shall include sufficient supporting documentation to the extent permitted by law and within available funds to enable any reviewing parties to understand its basis4 ,the agency may use documentation prepared to comply with other laws to fulfill the requirements of this provision to the extent that such documentation is sufficiently pertinent to and focused on the relevant issues as to allow reasonable ease of review4 ,the agency shall mail and1 if possible1 email a copy of the ,proposal ,document to all affected ,indian ,tribes and stakeholders1 including those that withdrew from the process4 ,at a minimum1 the document shall go to the ,tribal leader1 all members of any elected ,tribal governing body1 and stakeholders4 ,the agency shall follow up to confirm receipt of the document4 ,after these steps have been completed1 the ,proposal ,document shall be published in the ,federal ,register1 subject to the provisions of section #bjg4 7b7 ,public comment period ,the agency shall provide a period of not less than #ij days after publication in the ,federal ,register for comments on the ,proposal ,document4 ,a reasonable extension shall be granted upon request of not less than #cj days by any member of any of the affected ,indian ,tribal governing bodies or a stakeholder4 7c7 ,preliminary decision ,after expiration of the comment period1 the agency shall prepare a preliminary decision letter1 signed by the head of the agency4 ,the letter shall state the decision to proceed or not proceed with the mineral activity1 the decision's rationale1 any changes in the proposal made in response to comments1 and any points where the decision conflicts with the expressed requests of any of the affected ,indian ,tribes or stakeholders4 ,it shall particularly address why the decision was made to disregard any such requests4 ,the agency shall mail and1 if possible1 email a copy of the letter to all affected ,indian ,tribes and stakeholders1 including those that withdrew from the process4 ,at a minimum1 the letter shall go to the ,tribal leader1 all members of the ,tribal governing body1 and stakeholders4 ,the agency shall follow up to confirm receipt of the letter4 7d7 ,final decision ,the agency shall provide a #fj-;day period following the issuance of the preliminary decision letter for response by the affected ,indian ,tribes and stakeholders4 ,thereafter1 the agency shall notify in writing1 signed by the head of the agency1 the affected ,indian ,tribes and stakeholders1 including those that withdrew from the process1 of the agency's final decision4 #bje4 ,documentation and reporting 7a7 ,official consultation record ,the agency shall keep an official consultation record that allows accurate tracking of the process so that agencies and consulting parties can correct any errors or omissions1 and provides an official record of the process that can be referred to in any litigation that may arise4 ,the agency shall document all efforts to initiate consultation as well as documenting the process once it has begun4 ,such documentation1 including correspondence1 telephone logs1 and emails1 shall be included in the agency's official consultation record4 ,the agency shall also keep notes so that the consultation record documents the content of consultation meetings1 site visits1 and phone calls in addition to information about dates and who participated4 7b7 ,payment for ,tribal documentation work ,if the agency asks an ,indian ,tribe for specific information or documentation regarding the location1 nature1 and condition of individual sites1 to conduct a survey1 or in any way fulfill the duties of the agency in a role similar to that of a consultant or contractor1 then the agency must pay for such services1 if so requested by the ,indian ,tribe1 as it would for any private consultant or contractor4 ,an ,indian ,tribe may select a contractor to perform such work on its behalf1 to be paid for by the agency4 7c7 ,report to ,congress ,each agency shall on a biennial basis submit to ,congress a report on its consultation activities4 #bjf4 ,implementation ,not later than #cj days after the date of the enactment of this ,act1 the head of each agency shall designate an official with principal responsibility for the agency's review of existing consultation and coordination policies and procedures1 and implementation of this ,act4 ,not later than #fj days after the effective date of this order1 the designated official shall submit to the ,office of ,management and ,budget a description of the agency's revised consultation process in conformity with this ,act4 #bjg4 ,sensitive ,tribal information 7a7 ,closed meetings ,notwithstanding any provision of the ,administrative ,procedures ,act1 consultation meetings shall be closed to the public at the request of the ,indian ,tribal ,government4 7b7 ,sensitive information ,notwithstanding any provision of section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 the ,administrative ,procedures ,act1 or any other applicable laws or regulations1 all information designated by the ,indian ,tribe as sensitive1 such as the location of sacred sites or other details of cultural or religious practices1 shall be deleted from any public publication made as part of the consultation process or in the process of carrying out the activity4 7c7 ,limited information access ,the agency1 in consultation with the ,indian ,tribe or such ,tribe's designee1 shall determine who may have access to the information for the purposes of carrying out the mineral activity4 7d7 ,individual allotments ,instances where sacred sites are located on individual allotments or public domain allotments shall be addressed on a case-by-case basis and shall involve the allottees4 7e7 ,sacred sites ,the location and uses of a sacred site shall be protected in accordance with this provision and section #aaa4 ,,iii ,environmental ,considerations of ,mineral ,exploration and ,development #cja4 ,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 #cf2 #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 title and applicable law1 unless expressly stated otherwise in this ,act1 the ,secretary shall ensure that mineral activities on any ,federal land that is subject to a mining claim1 millsite claim1 tunnel site claim1 or any authorization issued under title ,i of this ,act are carefully controlled to prevent undue degradation of public lands and resources4 #cjb4 ,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 a permit was issued to such person under this title authorizing such activities4 7b7 ,negligible disturbance ,notwithstanding subsection 7a71 a permit under this title shall not be required for mineral activities that are a casual use of the ,federal land4 7c7 ,coordination with ,national ,environmental ,policy ,act process ,the ,secretary and the ,secretary of ,agriculture shall conduct the permit processes under this ,act in accordance with the timing and other requirements under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 ,to the extent practicable1 the ,secretary and ,secretary of ,agriculture shall coordinate the permit process4 #cjc4 ,exploration permit 7a7 ,authorized exploration activity ,any applicant may apply for an exploration permit for any mining claim1 license1 or lease authorizing the applicant to remove a reasonable amount of the hardrock minerals1 as defined in the license or lease or established in such regulations as the ,secretary shall promulgate1 from the area that is subject to the claim1 license1 or lease1 respectively1 for analysis1 study1 and testing4 ,such permit shall not authorize the applicant to remove any mineral for sale nor to conduct any activities other than those required for exploration for hardrock minerals and reclamation4 7b7 ,permit application requirements ,an application for an exploration permit under this section shall be submitted in a manner satisfactory to the ,secretary concerned1 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 ,agriculture by regulations4 ,such regulations shall1 at a minimum1 require the following3 7#a7 ,the applicant has demonstrated that proposed reclamation can be accomplished4 7#b7 ,the proposed exploration activities and condition of the land after the completion of exploration activities and final reclamation will conform with the land use plan applicable to the area subject to mineral activities4 7#c7 ,the area subject to the proposed permit is not included within an area listed in section #aaa4 7#d7 ,the applicant has demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this ,act and all other applicable ,federal requirements1 and any ,state requirements agreed to by the ,secretary concerned4 7#e7 ,the applicant has demonstrated that the requirements of section #cjf will be met4 7#f7 ,the applicant is eligible to receive a permit under section #cje4 7d7 ,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 7e7 ,permit modification ,during the term of an exploration permit 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 7f7 ,transfer1 assignment1 or sale of rights 7#a7 ,prior written approval ,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 concerned4 7#b7 ,approval ,such ,secretary shall allow a person holding a permit to transfer1 assign1 or sell rights under the permit to a successor1 if the ,secretary finds in writing that the successor-- 7,a7 is eligible to receive a permit under section #cjd2 7,b7 has submitted evidence of financial assurance satisfactory under section #cjf2 and 7,c7 meets any other requirements specified by the ,secretary4 7#c7 ,assumed liability ,the successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this ,act1 and the terms and conditions of the permit as in effect at the time of transfer1 assignment1 or sale4 7#d7 ,fee ,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 #cjd4 ,operations permit 7a7 ,operations permit 7#a7 ,any applicant that is in compliance with all provisions of this ,act may apply to the ,secretary concerned for an operations permit authorizing the applicant to carry out mineral activities1 other than casual use1 on-- 7,a7 any valid mining claim1 valid millsite claim1 valid tunnel site claim1 or lease issued under this ,act2 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 title4 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 ,secretary concerned 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 will be restored after the completion of mineral activities4 7,d7 ,the area subject to the proposed plan is not listed in section #aaa or otherwise ineligible for mineral activities4 7,e7 ,the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area4 7,f7 ,the applicant will fully comply with the requirements of section #cjf 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 #cje4 7,h7 ,the reclamation plan demonstrates that #aj years following mine closure1 no treatment of surface or ground water for carcinogens or toxins 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 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 the ,secretary shall consult with the ,administrator of the ,environmental ,protection ,agency prior to the issuance of an operations permit4 ,the ,administrator of the ,environmental ,protection ,agency shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the ,comprehensive ,environmental ,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 ,in general ,an operations permit-- 7,a7 shall be for an initial term not longer than the shorter of-- 7i7 the period necessary to accomplish the proposed mineral activities subject to the permit2 and 7ii7 the length of time remaining on the applicant's hardrock mining lease2 7,b7 shall be renewed for an additional #aj-year period if the operation is in compliance with the requirements of this ,act and other applicable law2 and 7,c7 shall expire #e years following the commencement of a temporary cessation unless1 prior to the expiration of the #e years1 the mine operator has filed with the ,secretary a request for approval to resume operations4 7#b7 ,failure to commence mineral activities ,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 #aaa4 7e7 ,permit modification 7#a7 ,application ,during the term of an operations permit the operator may submit an application to modify the permit 7including the operations plan or reclamation plan74 7#b7 ,modification by the ,secretary concerned ,the ,secretary concerned may1 at any time1 require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this ,act cannot be met if the plan is followed as 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 ,unanticipated events or conditions ,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 scientific or biological resources that were not addressed in the original plan2 7,g7 the discovery of a properties eligible for listing on the ,national ,register of ,historic ,places2 or 7,h7 the discovery of hazards to public safety4 7f7 ,temporary cessation of operations 7#a7 ,secretarial approval required ,an operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period greater than #ahj days unless the ,secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit4 7#b7 ,previously issued operations permits ,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#c7 ,required information ,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 human health1 the environment1 or properties eligible for listing on the ,national ,register of ,historic ,places4 ,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#d7 ,conditions for approval ,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 protect against hazards to the health and safety of the public and fish and wildlife or damage to properties eligible for listing on the ,national ,register of ,historic ,places4 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 ,secretary concerned shall review each permit issued under this section every #aj years during the term of such permit1 and before approving the resumption of operations under subsection 7f71 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 ,written approval ,no transfer1 assignment1 or sale of rights granted by a permit under this section shall be made without the prior written approval of the ,secretary concerned4 7#b7 ,conditions of approval ,the ,secretary concerned 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 all required information and is eligible to receive a permit in accordance with section #cje2 7,b7 has submitted evidence of financial assurance satisfactory under section #cjf2 and 7,c7 meets any other requirements specified by such ,secretary4 7#c7 ,assumed liability ,the successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this ,act1 and the terms and conditions of the permit as in effect at the time of transfer1 assignment1 or sale4 7#d7 ,fee ,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 concerned in such amount as may be established by such ,secretary4 ,such amount shall be equal to the actual or anticipated cost 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 ,act1 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 #cje4 ,persons ineligible for permits 7a7 ,current violations ,unless corrective action has been taken in accordance with subsection 7c71 no permit under this title shall be issued or transferred to an applicant if the applicant or any agent of the applicant1 the operator 7if different than the applicant71 any claim1 license1 or lease holder 7if different than the applicant7 of the claim1 license1 or lease 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 ,act or any regulation under this ,act4 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 ,secretary concerned 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 ,reinstatement ,the ,secretary concerned may issue or reinstate a permit under this title if the applicant submits proof that the violation referred to in subsection 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 ,conditional approval ,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 may be issued under this ,act to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this ,act by the applicant1 any affiliate of the applicant1 or the operator or claim1 license1 or lease holder if different than the applicant4 #cjf4 ,financial assurance 7a7 ,financial assurance required 7#a7 ,form of assurance ,after a permit is issued under this title and before any exploration or operations begin under the permit1 the operator shall file with the ,secretary concerned evidence of financial assurance payable to the ,united ,states4 ,the financial assurance shall be provided in the form of a surety bond1 letters of credit1 certificates of deposit1 or cash4 7#b7 ,covered activities ,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 #cjc7;e7 or section #cjd7;e71 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 ,act 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 #cjd7;f71 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 #cjd7;g74 7e7 ,release ,upon request1 and after notice and opportunity for public comment1 and after inspection by the ,secretary concerned1 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 ,act4 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 #cjh1 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 ,act have been fully met1 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 title4 7g7 ,effluent ,notwithstanding section #cjg7;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 ,secretary concerned 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 ,act were not fulfilled in fact at the time of release1 such ,secretary shall issue an order under section #ejg 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 #cjg4 ,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 title to a condition capable of supporting-- 7,a7 the uses which such lands were capable of supporting prior to surface disturbance by the operator2 or 7,b7 other beneficial uses which conform to applicable land use plans as determined by the ,secretary concerned4 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 ,act1 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 ,act4 ,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 within the leased area4 7c7 ,surface or ,ground ,water ,withdrawals ,the ,secretary concerned shall work with ,state and local governments with authority over the allocation and use of surface and ground water in the area around the mine site as necessary to ensure that any surface or ground water withdrawals made as a result of mining activities approved under this section do not cause undue degradation4 7d7 ,special rule ,reclamation activities for a mining claim1 license1 or lease 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 ,secretary concerned4 #cjh4 ,state law and regulation 7a7 ,state law 7#a7 ,reclamation1 land use1 environmental1 and public health standards ,any reclamation1 land use1 environmental1 or public health protection standard or requirement in ,state law or regulation that meets or exceeds the requirements of this ,act shall not be construed to be inconsistent with any such standard4 7#b7 ,bonding requirements ,any bonding standard or requirement in ,state law or regulation that meets or exceeds the requirements of this ,act shall not be construed to be inconsistent with such requirements4 7#c7 ,inspection standards ,any inspection standard or requirement in ,state law or regulation that meets or exceeds the requirements of this ,act shall not be construed to be inconsistent with such requirements4 7b7 ,applicability of other ,state requirements 7#a7 ,environmental standards ,nothing in this ,act 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 ,act4 7#b7 ,water resources ,nothing in this ,act 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 ,act4 7c7 ,cooperative agreements 7#a7 ,in general ,any ,state may enter into a cooperative agreement with the ,secretary concerned for the purposes of such ,secretary applying such standards and requirements referred to in subsection 7a7 and subsection 7b7 to mineral activities or reclamation on lands subject to this ,act4 7#b7 ,common regulatory framework ,in such instances where the proposed mineral activities would affect lands not subject to this ,act in addition to lands subject to this ,act1 in order to approve a plan of operations the ,secretary concerned shall enter into a cooperative agreement with the ,state that sets forth a common regulatory framework consistent with the requirements of this ,act for the purposes of such plan of 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 ,notice and public comment ,the ,secretary concerned shall not enter into a cooperative agreement with any ,state under this section until after notice in the ,federal ,register and opportunity for public comment and 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 ,act 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 ,act4 ,,iv ,abandoned ,hardrock ,mine ,reclamation #dja4 ,establishment of ,fund 7a7 ,establishment ,there is established in the ,department of the ,treasury a separate account to be known as the ,hardrock ,minerals ,reclamation ,fund4 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 ,in addition to other uses authorized by this title1 the ,secretary may use amounts in the ,fund as necessary for the administrative expenses of the ,united ,states1 ,indian ,tribes1 and the ,states to implement this title4 #djb4 ,contents of ,fund 7a7 ,in general ,the following amounts shall be credited to the ,fund3 7#a7 ,all moneys collected pursuant to section #ejb and section #ejf4 7#b7 ,all fees received under section #cjd7;a77#a77;,b74 7#c7 ,all donations by persons1 corporations1 associations1 and foundations for the purposes of this title4 7#d7 ,all amounts deposited in the ,fund under title ,i4 7#e7 ,all income on investments under section #dja7;b74 7#f7 ,all amounts deposited in the ,fund under section #djc4 7b7 ,donations ,the ,secretary may accept for the ,government a gift of money to be deposited into the ,fund4 ,the ,secretary may reject a gift to the ,fund if such rejection is in the interest of the ,government4 #djc4 ,displaced material reclamation fee 7a7 ,imposition of fee ,except as provided in subsection 7g71 each operator conducting hardrock mineral activities shall pay to the ,secretary1 for deposit in the ,hardrock ,minerals ,fund established by section #dja1 a displaced material reclamation fee of #g cents per ton of displaced material4 7b7 ,payment deadline ,such 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 conducting hardrock mineral activities shall submit to the ,secretary a statement of the amount of displaced material produced during mineral activities during the previous calendar year1 the accuracy of which shall be sworn to by the operator and notarized4 7d7 ,penalty ,any corporate officer1 agent1 or director of a person conducting hardrock mineral activities1 and any other person acting on behalf of such a person1 who knowingly makes any false statement1 representation1 or certification1 or knowingly fails to make any statement1 representation1 or certification1 required under this section with respect to such operation shall1 upon conviction1 be punished by a fine of not more than #aj1jjj4 7e7 ,civil ,action ,to recover fee ,any portion of such reclamation fee not properly or promptly paid pursuant to this section shall be recoverable1 with statutory interest1 from the hardrock mineral activities operator1 in any court of competent jurisdiction in any action at law to compel payment of debts4 7f7 ,effect ,nothing in this section requires a reduction in1 or otherwise affects1 any similar fee required under any law 7including regulations7 of any ,state4 7g7 ,exemption ,the fee under this section shall not apply for small miners4 #djd4 ,use and objectives of the ,fund 7a7 ,authorized uses 7#a7 ,in general ,the ,secretary may1 subject to appropriations1 use moneys in the ,fund for the reclamation and restoration of land and water resources adversely affected by past hardrock mineral activities and related activities on lands described in section #dje1 including any of the following3 7,a7 ,protecting public health and safety4 7,b7 ,preventing1 abating1 treating1 and controlling water pollution created by abandoned mine drainage1 including in river watershed areas4 7,c7 ,reclaiming and restoring abandoned surface and underground mined areas4 7,d7 ,reclaiming and restoring abandoned milling and processing areas4 7,e7 ,backfilling1 sealing1 or otherwise controlling abandoned underground mine entries4 7,f7 ,revegetating land adversely affected by past mineral activities in order to prevent erosion and sedimentation1 to enhance wildlife habitat1 and for any other reclamation purpose4 7,g7 ,controlling surface subsidence due to abandoned underground mines4 7,h7 ,enhancing fish and wildlife habitat4 7#b7 ,manner of use ,amounts in the ,fund may-- 7,a7 be expended by the ,secretary for the purposes described in paragraph 7#a72 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 the head of any other ,federal agency1 or any public entity that volunteers to develop and implement1 and that has the ability to carry out1 all or a significant portion of a reclamation program under this title2 or 7,c7 be transferred by the ,secretary to an ,indian ,tribe or a ,state to carry out a reclamation program under this title that meets the purposes described in paragraph 7#a74 7b7 ,allocation ,of the amounts deposited into the ,fund-- 7#a7 #be percent shall be allocated for expenditure by the ,secretary in ,states or on ,tribal lands within the boundaries of which occurs production of hardrock minerals or mineral concentrates or products derived from hardrock minerals1 based on a formula reflecting existing production in each such ,state or on the land of the ,indian ,tribe2 7#b7 #be percent shall be allocated for expenditure by the ,secretary in ,states or on ,tribal lands based on a formula reflecting the quantity of hardrock minerals1 or mineral concentrates or products derived from hardrock minerals1 historically produced in each such ,state or from the land of the ,indian ,tribe before the date of enactment of this ,act2 and 7#c7 #ej percent shall be allocated for expenditure by the ,secretary to address high-priority needs according to the priorities in subsection 7c74 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 safety from extreme danger from the adverse effects of past mineral activities1 especially as relates to surface water and ground water contaminants4 7#b7 ,the protection of public health and safety 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 7d7 ,habitat ,reclamation and restoration activities under this title shall include appropriate mitigation measures to provide for the continuation of any established habitat for wildlife in existence before the commencement of such activities4 7e7 ,response or removal actions ,reclamation and restoration activities under this title that 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 #ifja7 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 title 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 #dje4 ,eligible lands and waters 7a7 ,eligibility ,reclamation expenditures under this title may only be made with respect to ,federal1 ,state1 ,indian1 local1 and private lands that have been affected by past mineral activities1 and water resources that traverse or are contiguous to such lands1 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 ,inventory ,the ,secretary shall prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on public lands and any abandoned mine on ,indian lands that may be eligible for expenditures under this title1 and shall submit an annual report to the ,congress on the progress in cleanup of such sites4 #djf4 ,authorization of appropriations ,amounts credited to the ,fund are authorized to be appropriated for the purpose of this title without fiscal year limitation4 ,v ,additional ,provisions #eja4 ,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 by inserting and to ensure that mineral extraction and processing not cause undue degradation of the natural and cultural resources of the public lands after activities2 and 7#b7 by adding at the end the following3 ,it shall also be the responsibility of the ,secretary of ,agriculture to carry out the policy provisions of clauses 7#a7 and 7#b7 of the first paragraph 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 #ejb4 ,user fees and inflation adjustment 7a7 ,in general 7#a7 ,the ,secretary and the ,secretary of ,agriculture may each establish and collect from persons subject to the requirements of this ,act such user fees as may be necessary to reimburse the ,united ,states for the expenses incurred in administering such 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 ,inflation ,the ,secretary shall adjust the fees required by this section1 and all claim maintenance fees1 rental rates1 penalty amounts1 and other dollar amounts established in this ,act1 to reflect changes in the ,consumer ,price ,index published by the ,bureau of ,labor ,statistics of the ,department of ,labor every #c years after the date of enactment of this ,act1 or more frequently if the ,secretary determines an adjustment to be reasonable4 7#b7 ,notice ,the ,secretary shall provide claimants1 license holders1 and lease holders notice of any adjustment made under this subsection not later than ,july #a of any year in which the adjustment is made4 7#c7 ,applicability ,a fee adjustment under this subsection shall begin to apply the calendar year following the calendar year in which it is made4 #ejc4 ,inspection and monitoring 7a7 ,inspections 7#a7 ,in general ,the ,secretary concerned shall make inspections of mineral activities so as to ensure compliance with the requirements of this ,act4 7#b7 ,frequency ,the ,secretary concerned shall establish a frequency of inspections for mineral activities conducted under a permit issued under title ,,iii1 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 #cjd7;f74 ,after revegetation has been established in accordance with a reclamation plan1 such ,secretary shall conduct #b complete inspections annually4 ,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 ,by request 7,a7 ,in general ,any person who has reason to believe he or she is or may be adversely affected by mineral activities due to any violation of the requirements of a permit approved under this ,act may request an inspection4 7,b7 ,review period ,the ,secretary concerned shall determine within #aj working days of receipt of the request whether the request states a reason to believe that a violation exists4 7,c7 ,imminent threat ,if the person alleges and provides reason to believe that an imminent threat to the environment or danger to the health or safety of the public exists1 the #aj-;day period shall be waived and the inspection shall be conducted immediately4 7,d7 ,notification ,when an inspection is conducted under this paragraph1 the ,secretary concerned shall notify the person requesting the inspection1 and such person shall be allowed to accompany the ,secretary concerned or the ,secretary's authorized representative during the inspection4 7,e7 ,liability ,the ,secretary shall not incur any liability for allowing such person to accompany an authorized representative4 7,f7 ,anonymity ,the identity of the person supplying information to the ,secretary relating to a possible violation or imminent danger or harm shall remain confidential with the ,secretary if so requested by that person1 unless that person elects to accompany an authorized representative on the inspection4 7,g7 ,procedures ,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 7,h7 ,written statement ,the ,secretary concerned shall furnish a person requesting a review a written statement of the reasons for the ,secretary's final disposition of the case4 7b7 ,monitoring 7#a7 ,monitoring system ,the ,secretary concerned shall require all operators to develop and maintain a monitoring and evaluation system that shall identify compliance with all requirements of a permit approved under this ,act4 ,the ,secretary concerned may require additional monitoring to be conducted as necessary to assure compliance with the reclamation and other environmental standards of this ,act4 ,such plan must be reviewed and approved by the ,secretary and shall become a part of the explorations or operations permit4 7#b7 ,reporting requirements ,the operator shall file reports with the ,secretary concerned1 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 ,act1 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 ,failure to report ,the ,secretary concerned 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 ,act and subject the operator to enforcement action pursuant to section #ejf4 #ejd4 ,citizens suits 7a7 ,in general ,except as provided in subsection 7c71 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 ,act or any regulation promulgated pursuant to this ,act or any term or condition of any lease1 license1 or permit issued under this ,act2 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 ,act1 or to promulgate any regulation under this ,act1 which is not within the discretion of the ,secretary concerned4 7b7 ,district court jurisdiction ,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 ,act4 ,the district courts of the ,united ,states shall have jurisdiction to compel agency action unreasonably delayed1 except that an action to compel agency action reviewable under section #eje may only be filed in a ,united ,states district court within the circuit in which such action would be reviewable under section #eje4 7c7 ,exceptions 7#a7 ,notice ,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 ,secretary concerned1 except that any such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the environment or to the health or safety of the public or to properties eligible for listing on the ,national ,register of ,historic ,places4 7#b7 ,on-going litigation ,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 ,exception ,no action may be commenced under subsection 7a77#b7 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 section #eje or under any other provision of law at any time after such promulgation1 issuance1 or denial is final4 7d7 ,venue ,venue of all actions brought under this section shall be determined in accordance with section #acia of title #bh1 ,united ,states ,code4 7e7 ,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 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 7f7 ,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 ,act or of any regulation or permit issued under this ,act 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 ,act or of any regulation or permit issued under this ,act or for any failure to act as required by law4 #eje4 ,administrative and judicial review 7a7 ,review by secretary 7#a7 ,notice of violation ,any person issued a notice of violation or cessation order under section #ejg1 or any person having an interest which is or may be adversely affected by such notice or order1 may apply to the ,secretary concerned for review of the notice or order within #cj days after receipt thereof1 or as the case may be1 within #cj days after such notice or order is modified1 vacated1 or terminated4 7#b7 ,review of penalty ,any person who is subject to a penalty assessed under section #ejg may apply to the ,secretary concerned for review of the assessment within #de days of notification of such penalty4 7#c7 ,third party requests ,any person may apply to the ,secretary concerned for review of a decision under this subsection within #cj days after such decision is issued4 7#d7 ,stays pending review ,pending a review by the ,secretary or resolution of an administrative appeal1 final decisions 7except enforcement actions under section #ejg7 shall be stayed4 7#e7 ,public hearing ,the ,secretary concerned shall provide an opportunity for a public hearing at the request of any party to the proceeding as specified in paragraph 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 #ejf4 7#f7 ,written decision ,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 ,where the application for review concerns a cessation order issued under section #ejf the ,secretary concerned shall issue the written decision within #cj days of the receipt of the application for review or within #cj days after the conclusion of any hearing referred to in paragraph 7#e71 whichever is later1 unless temporary relief has been granted by the ,secretary concerned under paragraph 7#g74 7#g7 ,temporary relief ,pending completion of any review proceedings under this subsection1 the applicant may file with the ,secretary concerned a written request that the ,secretary grant temporary relief from any order issued under section #ejf 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#h7 ,savings clause ,the availability of review under this subsection shall not be construed to limit the operation of rights under section #ejd4 7b7 ,judicial review 7#a7 ,court of ,appeals for the ,district of ,columbia ,any final action by the ,secretaries of the ,interior and ,agriculture in promulgating regulations to implement this ,act1 or any other final actions constituting rulemaking to implement this ,act1 shall be subject to judicial review only in a ,united ,states ,court of ,appeals for a circuit in which an affected ,state is located or within the ,district of ,columbia4 ,any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary1 capricious1 or otherwise inconsistent with law4 ,a petition for review of any action subject to judicial review under this subsection shall be filed within #fj days from the date of such action1 or after such date if the petition is based solely on grounds arising after the #fjth day4 ,any such petition may be made by any person who commented or otherwise participated in the rulemaking or any person who may be adversely affected by the action of the ,secretaries4 7#b7 ,standard of review ,final agency action under this subsection1 including such final action on those matters described under subsection 7a71 shall be subject to judicial review in accordance with paragraph 7#d7 and pursuant to section #acia of title #bh1 ,united ,states ,code1 on or before #fj days from the date of such final action4 ,any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary1 capricious1 or otherwise inconsistent with law4 7#c7 ,savings clause ,the availability of judicial review established in this subsection shall not be construed to limit the operations of rights under section #ejd4 7#d7 ,record ,the court shall hear any petition or complaint filed under this subsection solely on the record made before the ,secretary or ,secretaries concerned4 ,the court may affirm or vacate any order or decision or may remand the proceedings to the ,secretary or ,secretaries for such further action as it may direct4 7#e7 ,commence of a proceeding not a stay ,the commencement of a proceeding under this section shall not1 unless specifically ordered by the court1 operate as a stay of the action1 order1 or decision of the ,secretary or ,secretaries concerned4 7c7 ,costs ,whenever a proceeding occurs under subsection 7a7 or 7b71 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 appropriate 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 #ejf4 ,reporting requirements 7a7 ,report to ,secretary ,an operator engaging in any mineral activities located on ,federal land or on ,indian land shall submit to the ,secretary an annual report1 in a time and manner prescribed by the ,secretary1 describing the total amount 7in metric tons7 and value of hardrock minerals produced through such mineral activities1 including the total amount and value of any minerals produced from a mine partially located on either ,federal land or ,indian land1 disaggregated by mineral and by percentage extracted from ,federal land and percentage extracted from ,indian land4 7b7 ,failure ,to report ,any person who fails to comply with the requirements of subsection 7a7 shall be subject to a civil penalty not to exceed #be1jjj per day during which such failure continues1 which may be assessed by the ,secretary4 7c7 ,report to ,congress ,the ,secretary shall submit an annual report to ,congress providing the following information for each hardrock mine located on ,federal land or on ,indian land3 7#a7 ,the data submitted for such mine under subsection 7a74 7#b7 ,the name of the mine operator4 7#c7 ,the ,state in which such mine is located4 7#d7 ,the ,bureau of ,land ,management ,field ,office with jurisdiction over such mine4 7#e7 ,whether such mine is located on ,federal land4 7#f7 ,whether such mine is located on ,indian land4 7d7 ,regulations ,the ,secretary shall promulgate such regulations as are necessary to carry out this section not later than #ahj days after the date of the enactment of this ,act4 #ejg4 ,enforcement 7a7 ,orders 7#a7 ,notice of violation ,if the ,secretary concerned1 or an authorized representative of such ,secretary1 determines that any person is in violation of any environmental protection requirement or any regulation issued by the ,secretaries to implement this ,act1 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 ,order for immediate cessation ,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 ,act1 and such condition1 practice or violation is causing1 or can reasonably be expected to cause either of the following1 such ,secretary or authorized representative shall immediately order a cessation of mineral activities or the portion thereof relevant to the condition1 practice1 or violation3 7,a7 ,an imminent danger to the health or safety of the public4 7,b7 ,significant1 imminent environmental harm to land1 air1 water1 or fish or wildlife resources4 7#c7 ,duration 7,a7 ,termination ,a cessation order pursuant to paragraph 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 7,b7 ,financial assurances ,the ,secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met when issuing an order under this section4 7,c7 ,authority of the ,secretary ,any notice or order issued pursuant to paragraph 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 ,alternative enforcement action ,if1 after #cj days of the date of the order referred to in subsection 7a7 the required abatement has not occurred1 the ,secretary concerned shall take such alternative enforcement action against the claim holder1 license holder1 lease holder1 or operator 7or any person who controls the claim holder1 license holder1 lease holder1 or operator7 as will most likely bring about abatement in the most expeditious manner possible4 ,such alternative enforcement action may include seeking appropriate injunctive relief to bring about abatement4 ,nothing in this paragraph shall preclude the ,secretary concerned from taking alternative enforcement action prior to the expiration of #cj days4 7#e7 ,failure or default ,if a claim holder1 license holder1 lease holder1 or operator 7or any person who controls the claim holder1 license holder1 lease holder1 or operator7 fails to abate a violation or defaults on the terms of the permit1 the ,secretary concerned shall forfeit the financial assurance for the plan as necessary to ensure abatement and reclamation under this ,act4 ,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 ,pending review ,the ,secretary concerned shall not cause forfeiture of the financial assurance while administrative or judicial review is pending4 7#g7 ,liability in the event of forfeiture ,in the event of forfeiture1 the claim holder1 license holder1 lease 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 ,act4 7b7 ,compliance ,the ,secretary concerned 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 #ejc4 ,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 ,act4 7d7 ,penalties 7#a7 ,failure to comply with requirements of a permit ,any person who fails to comply with any requirement of a permit approved under this ,act or any regulation issued by the ,secretaries to implement this ,act shall be liable for a penalty of not more than #be1jjj per violation4 ,each day of violation may be deemed a separate violation for purposes of penalty assessments4 7#b7 ,failure to comply with a cessation order ,a person who fails to correct a violation for which a cessation order has been issued under subsection 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 ,penalties for directors1 officers1 and agents ,whenever a corporation is in violation of a requirement of a permit approved under this ,act or any regulation issued by the ,secretaries to implement this ,act or fails or refuses to comply with an order issued under subsection 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 ,secretary concerned shall suspend or revoke a permit issued under title ,,ii1 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 ,act2 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 ,act2 7#e7 fails to maintain an adequate financial assurance under section #cjf2 7#f7 fails to pay claim maintenance fees1 rentals1 or other moneys due and owing under this ,act2 or 7#g7 with regard to plans conditionally approved under section #cje7;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 ,act2 or 7#b7 falsifies1 tampers with1 renders inaccurate1 or fails to install any monitoring device or method required to be maintained under this ,act1 shall upon conviction1 be punished by a fine of not more than #aj1jjj1 or by imprisonment for not more than #b years1 or by both4 ,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 violation1 or by imprisonment of not more than #d years1 or both4 ,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 title ,,ii2 or 7#b7 violates any other requirement of a permit issued under this ,act1 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 violation1 or by imprisonment for not more than #c years1 or both4 ,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 violation1 or by imprisonment of not more than #f years1 or both4 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 #ej1jjj1 or by imprisonment for not more than #b years1 or both4 7i7 ,definition ,for purposes of this section1 the term person includes any officer1 agent1 or employee of a person4 #ejh4 ,regulations ,the ,secretary and the ,secretary of ,agriculture shall issue such regulations as are necessary to implement this ,act4 ,the regulations implementing titles ,,ii and ,,iii and this title that affect the ,forest ,service shall be joint regulations issued by both ,secretaries1 and shall be issued not later than #ahj days after the date of enactment of this ,act4 #eji4 ,oil shale claims ,section #beaa7;f7 of the ,energy ,policy ,act of #aiib 7#cj ,u4,s4,c4 #bdb7;f72 ,public ,law #ajb-dhf7 is amended-- 7#a7 by striking as prescribed by the ,secretary2 and 7#b7 by inserting before the period the following3 in the same manner as required by title ,,ii of the ,hardrock ,leasing and ,reclamation ,act of #bjai4 #eaj4 ,savings clause 7a7 ,special ,application of mining laws ,nothing in this ,act 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 ,act1 and any such prior law shall remain in force and effect with respect to claims converted to leases under this ,act4 ,nothing in this ,act 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 ,act 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 7#a7 ,general mining laws ,the provisions of this ,act shall supersede the general mining laws4 7#b7 ,other laws ,except for the general mining laws1 nothing in this ,act shall be construed as superseding1 modifying1 amending1 or repealing any provision of ,federal law not expressly superseded1 modified1 amended1 or repealed by this ,act4 7#c7 ,environmental laws ,nothing in this ,act 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-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 ,the ,national ,environmental ,policy ,act 7#db ,u4,s4,c4 #dcba et seq472 7,c7 title ,,xiv of the ,public ,health ,service ,act 7the ,safe ,drinking ,water ,act7 7#db ,u4,s4,c4 #cjj;f et seq472 7,d7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,e7 the ,pollution ,prevention ,act of #aiij 7#db ,u4,s4,c4 #acaja et seq472 7,f7 the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq472 7,g7 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq42 7,h7 the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 7,i7 the ,motor ,vehicle ,information and ,cost ,savings ,act 7#ae ,u4,s4,c4 #aija et seq472 7,j7 the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfa et seq472 7,k7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj72 7,l7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7,m7 the ,noise ,control ,act of #aigb 7#db ,u4,s4,c4 #dija et seq472 7,n7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7,o7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,p7 the ,superfund ,amendments and ,reauthorization ,act of #aihf 7,public ,law #ii-dii2 #ajj ,stat4 #afac72 7,q7 the ,ocean ,dumping ,act 7#cc ,u4,s4,c4 #adja et seq472 7,r7 the ,environmental ,research1 ,development1 and ,demonstration ,authorization ,act of #aigh 7#db ,u4,s4,c4 #dcfe72 7,s7 the ,pollution ,prosecution ,act of #aiij 7#db ,u4,s4,c4 #dcba note2 ,public ,law #aja-eic72 7,t7 the ,federal ,facilities ,compliance ,act of #aiib 7,public ,law #ajb-chf2 #ajf ,stat4 #aeje72 and 7,u7 any statute containing an amendment to any of such ,acts4 7#d7 ,federal ,indian law ,nothing in this ,act shall be construed as modifying or affecting any provision of-- 7,a7 the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq472 7,b7 ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif72 7,c7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq472 7,d7 the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq472 or 7,e7 the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq474 7c7 ,sovereign immunity of ,indian ,tribes ,nothing in this section shall be construed so as to waive the sovereign immunity of any ,indian ,tribe4 #eaa4 ,availability of public records ,copies of records1 reports1 inspection materials1 or information obtained by the ,secretary or the ,secretary of ,agriculture under this ,act 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 activities or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the internet4 #eab4 ,miscellaneous powers 7a7 ,in general ,in carrying out his or her duties under this ,act1 the ,secretary concerned 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 ,act1 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 ,secretary concerned or any authorized representative thereof-- 7#a7 shall have the right of entry to1 upon1 or through the site of any claim1 license1 lease1 mineral activities1 or any premises in which any records required to be maintained under this ,act 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 ,act2 7#c7 may engage in any work and do all things necessary or expedient to implement and administer the provisions of this ,act2 7#d7 may1 on any mining claim1 license1 or lease maintained in compliance with this ,act1 and without advance notice1 stop and inspect any motorized form of transportation that such ,secretary has probable cause to believe is carrying hardrock 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 hardrock minerals1 concentrates1 or products derived therefrom as required by law1 if such documentation is required under this ,act2 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 hardrock minerals1 concentrates1 or products derived therefrom from a claim site1 license1 or lease on ,federal lands or allocated to such claim site1 license1 or lease4 ,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 ,act4 #eac4 ,mineral materials 7a7 ,determinations ,section #c of the ,act of ,july #bc1 #aiee 7#cj ,u4,s4,c4 #faa71 is amended-- 7#a7 in the heading1 by striking or cinders and inserting cinders1 and clay2 7#b7 by striking ,no and inserting 7a7 ,no2 7#c7 by inserting mineral materials1 including after varieties of2 7#d7 by striking or cinders and inserting cinders1 and clay2 and 7#e7 by adding at the end the following3 7b7 7#a7 ,subject to valid existing rights1 after the date of enactment of the ,hardrock ,leasing and ,reclamation ,act of #bjai1 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 #aidg 7#cj ,u4,s4,c4 #fja-fjc74 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 ,hardrock ,leasing and ,reclamation ,act of #bjai2 and 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 ,hardrock ,leasing and ,reclamation ,act of #bjai4 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 7chapter #cge2 #bg ,stat4 #cdh2 #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 7chapter #ahf2 #ca ,stat4 #gde2 #cj ,u4,s4,c4 #afb71 commonly known as the ,saline ,placer ,act1 is hereby repealed4 #ead4 ,effective date ,this ,act shall take effect on the date of enactment of this ,act1 except as otherwise provided in this ,act4 ,august #d1 #bjbj,reported with an amendment2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed