,,ii #aafth ,,congress #ast ,session ,s4 #achf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjai,mr4 ,schumer 7for ,mr4 ,udall 7for himself1 ,mr4 ,bennet1 ,mr4 ,heinrich1 ,mr4 ,markey1 ,mr4 ,wyden1 ,mr4 ,merkley1 ,mr4 ,booker1 ,ms4 ,harris1 and ,mrs4 ,feinstein77 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to modify the requirements applicable to locatable minerals on public domain land1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hardrock ,mining and ,reclamation ,act of #bjai4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,locatable mineral deposits,sec4 #aja4 ,limitation on patents4,sec4 #ajb4 ,fees4,sec4 #ajc4 ,limitations4,,title ,,ii--,royalties,sec4 #bja4 ,royalty4,sec4 #bjb4 ,royalty relief4,sec4 #bjc4 ,enforcement4,sec4 #bjd4 ,review4,,title ,,iii--,mineral activities,sec4 #cja4 ,permits4,sec4 #cjb4 ,exploration permits4,sec4 #cjc4 ,mining permits4,sec4 #cjd4 ,financial assurances4,sec4 #cje4 ,transfer1 assignment1 or sale of right4,sec4 #cjf4 ,operation and reclamation4,sec4 #cjg4 ,land open to location4,sec4 #cjh4 ,state law4,sec4 #cji4 ,inspection and monitoring4,sec4 #caj4 ,tribal consultation4,,title ,,iv--,hardrock ,minerals ,reclamation ,fund,sec4 #dja4 ,establishment of ,fund4,sec4 #djb4 ,use and objectives of the ,fund4,sec4 #djc4 ,abandoned mine land reclamation fee4,,title ,v--,transition rules1 administrative provisions1 and miscellaneous provisions,sec4 #eja4 ,transition rules4,sec4 #ejb4 ,enforcement4,sec4 #ejc4 ,judicial review4,sec4 #ejd4 ,uncommon varieties4,sec4 #eje4 ,review of uranium development on ,federal land4,sec4 #ejf4 ,effect4 #b4 ,definitions ,in this ,act3 7#a7 ,abandoned hardrock mine ,state ,the term abandoned hardrock mine ,state means each of the ,states of ,alaska1 ,arizona1 ,california1 ,colorado1 ,idaho1 ,montana1 ,nevada1 ,new ,mexico1 ,north ,dakota1 ,oregon1 ,south ,dakota1 ,utah1 ,washington1 and ,wyoming4 7#b7 ,applicant ,the term applicant means any person that applies for-- 7,a7 a permit under this ,act2 or 7,b7 a modification to1 or a renewal of1 a permit issued under this ,act4 7#c7 ,beneficiation ,the term beneficiation means-- 7,a7 the crushing and grinding of locatable mineral ore2 and 7,b7 any processes that are employed to free the mineral from other constituents1 including physical and chemical separation techniques4 7#d7 ,casual use 7,a7 ,in general ,the term casual use means mineral activities that ordinarily result in no or negligible disturbance of ,federal land or resources4 7,b7 ,inclusions ,the term casual use includes the collection of geochemical1 rock1 soil1 or mineral specimens using hand tools1 hand panning1 or nonmotorized sluicing4 7,c7 ,exclusions ,the term casual use 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 or 7iv7 the use of toxic or hazardous materials or explosives4 7#e7 ,claim holder ,the term claim holder means a person holding a mining claim1 millsite1 or tunnel site that is-- 7,a7 located under the general mining laws2 and 7,b7 maintained in compliance with the general mining laws and this ,act4 7#f7 ,control ,the term control means having the ability to determine the manner in which an entity conducts mineral activities4 7#g7 ,exploration 7,a7 ,in general ,the term exploration means creating a surface disturbance 7other than casual use7 to evaluate the type1 extent1 quantity1 or quality of minerals present4 7,b7 ,inclusions ,the term exploration includes mineral activities associated with sampling1 drilling1 or developing surface or underground workings to evaluate locatable mineral values4 7,c7 ,exclusions ,the term exploration does not include the extraction of mineral material for commercial use or sale4 7#h7 ,federal land ,the term ,federal land means any land and any interest in land that is-- 7,a7 owned by the ,united ,states2 and 7,b7 open to location of mining claims under the general mining laws and this ,act4 7#i7 ,fund ,the term ,fund means the ,hardrock ,minerals ,reclamation ,fund established by section #dja7;a74 7#aj7 ,hardrock mineral ,the term hardrock mineral has the meaning given the term locatable mineral except that-- 7,a7 legal and beneficial title to the mineral need not be held by the ,united ,states2 and 7,b7 paragraph 7#ac77;,b7 does not apply to this paragraph4 7#aa7 ,indian land ,the term ,indian land means land that is-- 7,a7 held in trust for the benefit of an ,indian tribe or member of an ,indian tribe2 or 7,b7 held by an ,indian tribe or member of an ,indian tribe1 subject to a restriction by the ,united ,states against alienation4 7#ab7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#ac7 ,locatable mineral 7,a7 ,in general ,the term locatable mineral means any mineral-- 7i7 the legal and beneficial title to which remains in the ,united ,states2 and 7ii7 that is not subject to disposition under-- 7,i7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7,,ii7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 7,,iii7 the ,act of ,july #ca1 #aidg 7commonly known as the ,materials ,act of #aidg7 7#cj ,u4,s4,c4 #fja et seq472 or 7,,iv7 the ,act of ,august #g1 #aidg 7commonly known as the ,mineral ,leasing ,act for ,acquired ,lands7 7#cj ,u4,s4,c4 #cea et seq474 7,b7 ,exclusions ,the term locatable mineral does not include any mineral that is-- 7i7 subject to a restriction against alienation imposed by the ,united ,states2 and 7ii7 held in trust by the ,united ,states for1 or owned by1 any ,indian tribe or member of an ,indian tribe1 as defined in section #b of the ,indian ,mineral ,development ,act of #aihb 7#be ,u4,s4,c4 #baja74 7#ad7 ,mineral activity ,the term mineral activity means any activity on a mining claim1 millsite1 or tunnel site1 or ,federal land used in conjunction with the activity1 for1 relating to1 or incidental to1 mineral exploration1 mining1 beneficiation1 processing1 or reclamation activities for any locatable mineral4 7#ae7 ,operator ,the term operator means-- 7,a7 any person proposing1 or authorized by a permit1 to conduct mineral activities under this ,act2 and 7,b7 any agent of a person described in subparagraph 7,a74 7#af7 ,person ,the term person means-- 7,a7 an individual1 ,indian tribe1 partnership1 association1 society1 joint venture1 joint stock company1 firm1 company1 corporation1 cooperative1 trust1 consortium1 or other organization2 and 7,b7 any instrumentality of a ,state or local government1 including any publicly owned utility or publicly owned corporation of a ,state or local government4 7#ag7 ,processing 7,a7 ,in general ,the term processing means processes downstream of beneficiation used to prepare locatable mineral ore into the final marketable product4 7,b7 ,inclusions ,the term processing includes smelting and electrolytic refining4 7#ah7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ai7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service71 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior 7acting through the ,director of the ,bureau of ,land ,management71 with respect to land managed by the ,bureau of ,land ,management or other ,federal land4 7#bj7 ,temporary cessation ,the term temporary cessation means a halt in mine related production activities for a continuous period of not longer than #e years4 7#ba7 ,undue degradation ,the term undue degradation means substantial irreparable harm to significant scientific1 cultural1 or environmental resources on public land4 ,i ,locatable mineral deposits #aja4 ,limitation on patents 7a7 ,determinations required ,no patent shall be issued by the ,united ,states for any mining claim1 millsite1 or tunnel site located under the general mining laws unless the ,secretary determines that-- 7#a7 a patent application was filed with the ,secretary with respect to the claim not later than ,september #cj1 #aiid2 and 7#b7 all requirements applicable to the patent application under law were fully complied with by the date described in paragraph 7#a74 7b7 ,right to patent 7#a7 ,in general ,subject to paragraph 7#b7 and notwithstanding subsection 7c71 if the ,secretary makes the determinations under paragraphs 7#a7 and 7#b7 of subsection 7a7 with respect to a mining claim1 millsite1 or tunnel site1 the claim holder shall be entitled to the issuance of a patent in the same manner and degree to which the claim holder would have been entitled to a patent before the date of enactment of this ,act4 7#b7 ,withdrawal ,the claim holder shall not be entitled to the issuance of a patent if the determinations under paragraphs 7#a7 and 7#b7 of subsection 7a7 are withdrawn or invalidated by the ,secretary or1 on review1 by a court of the ,united ,states4 7c7 ,repeal ,section #bcbe of the ,revised ,statutes 7#cj ,u4,s4,c4 #bi7 is repealed4 #ajb4 ,fees 7a7 ,claim maintenance fees 7#a7 ,in general ,not later than ,august #ca1 #bjbj1 and each ,august #ca thereafter1 the holder of each unpatented mining claim1 millsite1 or tunnel site shall pay to the ,secretary a maintenance fee of #bjj for each claim1 millsite1 or tunnel site4 7#b7 ,requirements ,the maintenance fees required under paragraph 7#a7 shall be in lieu of-- 7,a7 the assessment work requirements under the general mining laws2 and 7,b7 the related filing requirements under subsections 7a7 and 7c7 of section #cad of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd74 7#c7 ,timing of initial payment ,notwithstanding paragraph 7#a71 the maintenance fee payable for the initial assessment year in which the location is made shall be paid at the time the location notice is recorded with the ,bureau of ,land ,management4 7#d7 ,claim relocation 7,a7 ,definition of related party ,in this paragraph and paragraph 7#e71 the term related party means-- 7i7 the spouse and qualifying child 7as defined in section #aeb of the ,internal ,revenue ,code of #aihf7 of the claim holder2 and 7ii7 a person affiliated with the claim holder1 including-- 7,i7 a person controlled by1 controlling1 or under common control with1 the claim holder2 or 7,,ii7 a subsidiary1 parent company1 partner1 director1 or officer of the claim holder4 7,b7 ,limits on relocation 7i7 ,in general ,no claim1 millsite1 or tunnel site1 or portion of a claim or site1 may be relocated by a person or related party if the person or related party held the claim or site and subsequently relinquished the claim or site or allowed the claim or site to become null and void4 7ii7 ,duration ,the prohibition on relocation shall extend for a period of #aj years beginning on the date the claim or site was relinquished or became null and void4 7#e7 ,waiver ,the maintenance fee required under paragraph 7#a7 shall be waived for a claim holder who certifies in writing to the ,secretary that on the date the maintenance fee was due1 the claim holder and all related parties-- 7,a7 held not more than #aj mining claims1 millsites1 tunnel sites1 or any combination of claims and sites on ,federal land2 and 7,b7 can demonstrate that the claim holder and all related parties have performed assessment work required under section #bcbd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bh7 to maintain the mining claims and sites held by the claim holder and all related parties for the assessment year ending on noon of ,september #a of the calendar year in which payment of the maintenance fee was due4 7#f7 ,adjustment 7,a7 ,in general ,subject to subparagraph 7,b71 beginning on the date that is #e years after the date of enactment of this ,act and every #e years thereafter1 the ,secretary shall adjust the amount of maintenance fees required under paragraph 7#a7 to reflect changes in the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor4 7,b7 ,more frequent adjustments ,the ,secretary may adjust the amount of the maintenance fees more frequently than specified in subparagraph 7,a7 to reflect changes in the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor if the ,secretary determines an adjustment to be reasonable4 7,c7 ,notice ,not later than ,july #a of any year in which an adjustment is made under this paragraph1 the ,secretary shall provide claim holders notice of the adjustment4 7,d7 ,application ,an adjustment under this paragraph shall apply beginning in the first calendar year after the calendar year in which the adjustment is made4 7#g7 ,applicable law ,the co-ownership provisions of section #bcbd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bh7 shall remain in effect1 except that the annual maintenance fee1 as applicable1 shall replace applicable assessment requirements and expenditures4 7#h7 ,use and occupancy of claims ,timely performance of required assessment work or payment of the maintenance fee under this subsection satisfies any obligation the claim holder has under the pedis possessio doctrine for any claim properly located in accordance with the general mining laws and applicable ,state law4 7b7 ,location fees 7#a7 ,in general ,subject to paragraph 7#b7 and notwithstanding any other provision of law1 for each unpatented mining claim1 millsite1 or tunnel site located after the date of enactment of this ,act1 the locator shall1 at the time the location notice is recorded with the ,bureau of ,land ,management1 pay to the ,secretary a location fee of #ej for each claim for each location notice recorded with the ,bureau of ,land ,management4 7#b7 ,adjustment 7,a7 ,in general ,subject to subparagraph 7,b71 beginning on the date that is #e years after the date of enactment of this ,act and every #e years thereafter1 the ,secretary shall adjust the amount of location fees required under paragraph 7#a7 to reflect changes in the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor4 7,b7 ,more frequent adjustments ,the ,secretary may adjust the amount of the location fees more frequently than specified in subparagraph 7,a7 to reflect changes in the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor if the ,secretary determines an adjustment to be reasonable4 7,c7 ,notice ,not later than ,july #a of any year in which an adjustment is made under this paragraph1 the ,secretary shall provide claim holders notice of the adjustment4 7,d7 ,application ,an adjustment under this paragraph shall apply beginning in the first calendar year after the calendar year in which the adjustment is made4 7#c7 ,effect on maintenance fee ,the location fee required under paragraph 7#a7 shall be in addition to the maintenance fee required under subsection 7a74 7c7 ,disposition of funds 7#a7 ,in general ,any amounts received under this section shall be used to pay the costs of administering program operations under sections #bcah through #bceb of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #ba et seq47 and this ,act1 without further appropriation4 7#b7 ,excess amounts ,any amounts in excess of the costs described in paragraph 7#a7 for any fiscal year shall be deposited in the ,fund4 7d7 ,effect of section ,nothing in this section changes or modifies-- 7#a7 section #cad7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;b772 or 7#b7 the provisions of subsection 7c7 of section #cad of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7 relating to filings required by subsection 7b7 of that section4 7e7 ,amendment to ,revised ,statutes ,section #bcbd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bh7 is amended by inserting or section #ajb7;a77#e7 of the ,hardrock ,mining and ,reclamation ,act of #bjai after ,omnibus ,budget ,reconciliation ,act of #aiic4 #ajc4 ,limitations 7a7 ,failure ,to comply 7#a7 ,in general ,the failure of the claim holder to perform assessment work or to pay a maintenance fee if required under section #ajb7;a71 to pay a location fee under section #ajb7;b71 or to file a timely notice of location shall-- 7,a7 conclusively constitute a forfeiture of the mining claim1 millsite1 or tunnel site2 and 7,b7 make the claim or site null and void by operation of law4 7#b7 ,effect ,forfeiture under paragraph 7#a7 shall not relieve any person of any obligation under this ,act and applicable regulations1 including reclamation1 and other applicable law4 7b7 ,relinquishment 7#a7 ,in general ,a claim holder deciding not to pursue mineral activities on a mining claim1 millsite1 or tunnel site1 may relinquish the claim or site by notifying the ,secretary of the intent to relinquish the claim or site4 7#b7 ,effect ,a claim holder relinquishing a claim1 millsite1 or tunnel site under paragraph 7#a7 shall be responsible for any obligation under this ,act and applicable regulations1 including reclamation1 and other applicable law4 7c7 ,use of mining claim 7#a7 ,in general ,the continued use1 occupancy1 and retention of any mining claim1 millsite1 or tunnel site subject to this ,act shall be exclusively for mineral activities as authorized under this ,act4 7#b7 ,failure to use for mineral activities ,if the claim holder cannot demonstrate to the ,secretary that the mining claim1 millsite1 or tunnel site has been used exclusively for mineral activities1 the ,secretary shall declare the claim1 millsite1 or tunnel site null and void4 ,,ii ,royalties #bja4 ,royalty 7a7 ,in general ,subject to subsection 7c7 and section #bjb1 production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this ,act shall be subject to a royalty established by the ,secretary by regulation of not less than #e percent1 and not more than #h percent1 of the gross income from mining for production of all locatable minerals4 7b7 ,royalty ,rate ,the regulation shall establish a reasonable royalty rate for each locatable mineral subject to a royalty under this section that may vary based on the locatable mineral concerned4 7c7 ,no ,royalty for ,federal ,land ,subject to ,existing ,permit ,no royalty under subsection 7a7 shall be required for production on ,federal land that-- 7#a7 is subject to an approved plan of operations or an operations permit on the date of the enactment of this ,act2 and 7#b7 produces valuable locatable minerals in commercial quantities on the date of enactment of this ,act4 7d7 ,federal ,land ,not ,subject to ,existing ,operations ,permit ,production from any ,federal land not specifically approved for mineral extraction under a plan of operations or an operations permit in existence on the date of enactment of this ,act shall be subject to the royalty described in subsection 7a74 7e7 ,deposit ,amounts received by the ,united ,states as royalties under this section shall be deposited in the ,fund4 #bjb4 ,royalty relief 7a7 ,in general ,subject to subsection 7b71 in order to promote the greatest ultimate recovery pursuant to a mining permit or a plan of operations under which production in commercial quantities has occurred and in the interest of conservation of natural resources1 the ,secretary may reduce any royalty otherwise required for all or part of a mining operation1 on a showing by clear and convincing evidence by the person conducting mineral activities under the operations or mining permit or plan of operations that1 without the reduction in royalty1 production would not occur4 7b7 ,effective date ,any reduction in a royalty provided for by this section shall not be effective until #fj days after the date on which the ,secretary-- 7#a7 publishes public notice of the royalty reduction2 and 7#b7 submits to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives notice and a statement of the reasons for granting the royalty reduction4 #bjc4 ,enforcement 7a7 ,duties of the ,secretary 7#a7 ,in general ,the ,secretary shall establish a comprehensive inspection1 collection1 fiscal1 and production accounting and auditing system-- 7,a7 to accurately determine royalties1 interest1 fines1 penalties1 fees1 deposits1 and other payments owed under this title and section #djc2 and 7,b7 to collect and account for such payments in a timely manner4 7#b7 ,inspections ,the ,secretary shall establish procedures to ensure that authorized and properly identified representatives of the ,secretary will inspect at least once annually each mining claim that-- 7,a7 is producing or expected to produce a significant quantity of locatable minerals in any year2 or 7,b7 has a history of noncompliance with this ,act4 7b7 ,duties of claim holders1 operators1 and transporters 7#a7 ,payment of royalties 7,a7 ,in general ,a person who is required to make any royalty or other payment under this title or section #djc shall make payment to the ,united ,states at such times and in such manner as the ,secretary may by rule prescribe4 7,b7 ,liability for payments 7i7 ,designees ,any person who pays1 offsets1 or credits funds1 makes adjustments1 requests and receives refunds1 or submits reports with respect to payments another person is required to make shall be considered the designee of the other person under this title or section #djc4 7ii7 ,liability ,a designee shall be liable for any payment obligation under this title or section #djc of any person on whose behalf the designee undertakes the activities described in clause 7i74 7iii7 ,pro rata share ,the person owning an interest in a claim1 millsite1 or tunnel site1 or production from the claim or site1 shall be liable for the pro rata share of the person of payment obligations under this title or section #djc4 7#b7 ,site security 7,a7 ,in general ,a person conducting mineral activities shall develop and comply with the site security provisions in the mining permit designed to protect from theft the locatable minerals that are produced or stored on a mining claim4 7,b7 ,minimum standards ,the provisions shall conform with such minimum standards as the ,secretary may prescribe by rule1 taking into account the variety of circumstances on mining claims4 7,c7 ,notification of commencement or resumption of production ,not later than the fifth business day after production begins in any place on a mining claim or production resumes after more than #ij days after production ceased or was suspended1 the person conducting mineral activities shall notify the ,secretary1 in the manner prescribed by the ,secretary1 of the date on which the production has begun or resumed4 7c7 ,recordkeeping and reporting requirements 7#a7 ,in general ,a claim holder1 operator1 or other person directly or indirectly involved in developing1 producing1 processing1 transporting1 purchasing1 or selling locatable or hardrock minerals1 subject to this ,act1 through the point of first sale1 the point of royalty or fee computation1 or the point of smelting or other processing1 whichever is later1 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 title or section #djc or determining compliance with rules or orders under this title or section #djc4 7#b7 ,access ,on 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 the officer or employee4 7#c7 ,duration of recordkeeping requirement 7,a7 ,in general ,records required by the ,secretary under this section shall be maintained for #g years after the records are generated or amended unless the ,secretary notifies the claim holder1 operator1 other person referred to in paragraph 7#a71 or record holder that the ,secretary has initiated an audit or investigation involving the records and that the records must be maintained for a longer period4 7,b7 ,ongoing audit or investigation ,in any case in which an audit or investigation is underway1 records shall be maintained until the ,secretary releases the claim holder1 operator1 other person referred to in paragraph 7#a71 or record holder subject to the recordkeeping and requirements of this ,act of the obligation to maintain the records4 7d7 ,audits ,the ,secretary may conduct such audits of all claim holders1 operators1 producers1 transporters1 purchasers1 processors1 or other persons directly or indirectly involved in the production or sales of locatable or hardrock minerals covered by this ,act1 as the ,secretary considers necessary for the purposes of ensuring compliance with the requirements of this title or section #djc4 7e7 ,cooperative agreements 7#a7 ,in general ,the ,secretary may enter into cooperative agreements with the ,secretary of ,agriculture-- 7,a7 to share information concerning the royalty management of locatable minerals2 7,b7 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 ,secretary2 and 7,c7 to carry out any other activity described in this section4 7#b7 ,access ,subject to paragraph 7#c7 and pursuant to a cooperative agreement1 the ,secretary of ,agriculture shall1 on request1 have access to all royalty or fee accounting information in the possession of the ,secretary relating to the production1 removal1 or sale of locatable minerals from claims on ,federal land4 7#c7 ,confidential information 7,a7 ,in general ,trade secrets1 proprietary information1 and other confidential information protected from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 shall be made available by the ,secretary to other ,federal agencies as necessary to ensure compliance with this ,act and other ,federal laws4 7,b7 ,protection by other ,federal officials ,the ,secretary1 the ,secretary of ,agriculture1 and other ,federal officials shall ensure that information described in subparagraph 7,a7 is provided protection in accordance with section #eeb of title #e1 ,united ,states ,code4 7f7 ,interest 7#a7 ,definition of underpayment ,in this subsection1 the term underpayment means the difference between the royalty on the value of the production or the fee under section #djc that should have been received by the ,secretary and the royalty on the value of the production or the fee under section #djc that was received by the ,secretary1 if the royalty or fee that should have been received is greater than the royalty or fee that was received4 7#b7 ,nonpayment and underpayment 7,a7 ,nonpayment ,in the case of mining claims or operations with respect to which royalty payments or the fee under section #djc are not received by the ,secretary by the date that the payments are due1 the ,secretary shall charge interest on the nonpayment at the rate specified under subparagraph 7,c74 7,b7 ,underpayment ,in the case of an underpayment1 interest shall be computed and charged only on the amount of the deficiency and not on the total amount1 at the rate specified under subparagraph 7,c74 7,c7 ,interest rate ,in the case of nonpayment or underpayment1 interest shall be charged at the rate applicable under section #ffba7;a77#b7 of the ,internal ,revenue ,code of #aihf4 7g7 ,expanded royalty obligations ,each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this ,act if the loss or waste is due to negligence on the part of any such person or due to the failure to comply with any rule1 regulation1 or order issued under this section4 7h7 ,hearings and investigations ,in carrying out this title and section #djc1 the ,secretary may-- 7#a7 conduct any investigation or other inquiry necessary and appropriate2 7#b7 conduct1 after notice1 any necessary and appropriate hearing or audit under rules prescribed by the ,secretary2 and 7#c7 administer oaths and issue subpoenas in conducting such proceedings4 7i7 ,civil penalties 7#a7 ,failure to comply with applicable law1 rules or regulations1 or to permit inspection 7,a7 ,in general ,except as provided in subparagraph 7,b71 a person shall be liable for a penalty of up to #ejj per violation for each day the violation continues1 dating from the date of the notice or report1 if the person-- 7i7 after due notice of violation or after the violation has been reported under subparagraph 7,b77i71 fails or refuses to comply with any requirement of this title or section #djc or any rule or regulation under this title or section #djc2 or 7ii7 fails or refuses to permit inspection authorized under this title4 7,b7 ,exceptions ,a penalty under this paragraph may not be applied to any person who is otherwise liable for a violation of subparagraph 7,a7 if-- 7i7 the violation was discovered and reported to the ,secretary or the authorized representative of the ,secretary by the liable person and corrected within #bj days after the report 7or such longer period to which the ,secretary may agree72 or 7ii7 after the due notice of violation required under subparagraph 7,a77i7 has been given to the person by the ,secretary or the authorized representative of the ,secretary1 the person has corrected the violation within #bj days of the notification 7or such longer period to which the ,secretary may agree74 7#b7 ,failure to take corrective action ,if corrective action is not taken within #dj days 7or a longer period to which the ,secretary may agree71 after due notice or submission of a report referred to in paragraph 7#a77;,a77i71 the person shall be liable for a civil penalty of not more than #e1jjj per violation for each day the violation continues1 dating from the date of the notice or report4 7#c7 ,failure to make payment or to permit lawful entry1 inspection1 or audit ,a person shall be liable for a penalty of up to #aj1jjj per violation for each day the violation continues if the person-- 7,a7 knowingly or willfully fails to make any payment of any royalty under this title or fee under section #djc by the date as specified by law 7including regulation or order72 7,b7 fails or refuses to permit lawful entry1 inspection1 or audit2 or 7,c7 knowingly or willfully fails to comply with subsection 7b77#b77;,c74 7#d7 ,false information2 unauthorized removal of locatable mineral ,a person shall be liable for a penalty of up to #be1jjj per violation for each day the violation continues in any case in which the person1 in violation of this title or section #djc-- 7,a7 knowingly or willfully prepares1 maintains1 or submits false1 inaccurate1 or misleading reports1 notices1 affidavits1 records1 data1 or other written information2 7,b7 knowingly or willfully takes or removes1 transports1 uses or diverts any locatable mineral from any land covered by a mining claim without having valid legal authority to do so2 or 7,c7 purchases1 accepts1 sells1 transports1 or conveys to another1 any locatable mineral knowing or having reason to know that the locatable mineral was stolen or unlawfully removed or diverted4 7#e7 ,hearing ,no penalty under this subsection shall be assessed until the person charged with a violation has been given the opportunity for a hearing on the record4 7#f7 ,deduction of penalty from sums owed by ,united ,states ,the amount of any penalty under this subsection1 as finally determined1 may be deducted from any sums owed by the ,united ,states to the person charged4 7#g7 ,compromise or reduction of penalties ,on a case-by-case basis1 the ,secretary may compromise or reduce civil penalties under this subsection4 7#h7 ,notice 7,a7 ,in general ,notice under this subsection shall be by personal service by an authorized representative of the ,secretary or by registered mail4 7,b7 ,designee for receipt of notice ,any person may1 in the manner prescribed by the ,secretary1 designate a representative to receive any notice under this subsection4 7#i7 ,reasons on record for amount of penalty ,in determining the amount of the penalty under this subsection1 whether the penalty should be remitted or reduced1 and by what amount1 the ,secretary shall state on the record the reasons for the determinations of the ,secretary4 7#aj7 ,review 7,a7 ,in general ,any person who has requested a hearing in accordance with paragraph 7#e7 within the time the ,secretary has prescribed for such a hearing and who is aggrieved by a final order of the ,secretary under this subsection may seek review of the order in the ,united ,states district court for the judicial district in which the violation allegedly took place4 7,b7 ,basis for review ,review by the district court shall be only on the administrative record and not de novo4 7,c7 ,deadline ,an action under this paragraph shall be barred unless the action is filed not later than the date that is #ij days after the date of issuance of the final order of the ,secretary4 7#aa7 ,failure to pay penalty 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 if any person fails to pay an assessment of a civil penalty under this ,act1 the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the #ij-;day period referred to in paragraph 7#aj77;,c74 7,b7 ,application ,subparagraph 7,a7 applies-- 7i7 after the order making the assessment has become a final order and if the person does not file a petition for judicial review of the order in accordance with paragraph 7#aj72 or 7ii7 after a court in an action brought under paragraph 7#aj7 has entered a final judgment in favor of the ,secretary4 7,c7 ,order to pay ,judgment by the court shall include an order to pay4 7j7 ,criminal penalties ,any person who commits an act for which a civil penalty is provided under subsection 7i77#d7 shall1 on conviction1 be punished by a fine of not more than #ej1jjj or by imprisonment for not more than #b years1 or both4 7k7 ,effective date 7#a7 ,in general ,except as provided in section #bja7;b7 with respect to the payment of royalties1 the royalty required under section #bja or fee required under section #djc shall take effect with respect to the production of minerals on or after the date of enactment of this ,act4 7#b7 ,initial production ,any royalty payments or fee payments under section #djc attributable to production during the #a-year period beginning on the date of enactment of this ,act shall be payable at the expiration of the #a-year period1 together with interest at the rate required under subsection 7f77#b77;,c74 7l7 ,injunction and specific enforcement authority 7#a7 ,civil action by attorney general ,in addition to any other remedy under law1 the ,attorney ,general or the designee of the ,attorney ,general may bring a civil action in a district court of the ,united ,states1 which shall have jurisdiction over such actions-- 7,a7 to restrain any violation of this title or section #djc2 or 7,b7 to compel the taking of any action required by or under this title or section #djc4 7#b7 ,venue ,a civil action described in paragraph 7#a7 may be brought only in the ,united ,states district court for the judicial district in which the act1 omission1 or transaction constituting a violation under this title or section #djc occurred1 or in which the defendant is found or transacts business4 #bjd4 ,review 7a7 ,in general ,not later than #e years after the date of enactment of this ,act and every #e years thereafter1 the ,secretary shall complete a review and submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report addressing collections and impacts of the royalty and fees provided for by this ,act4 7b7 ,topics ,the report shall address-- 7#a7 the total revenues received 7by category7 on an annual basis as-- 7,a7 claim maintenance fees2 7,b7 location fees2 7,c7 land use fees2 7,d7 royalties and related payments2 and 7,e7 abandoned mine land fees2 7#b7 the disposition of the fees and royalties1 including-- 7,a7 the amount used for mining law program administration2 and 7,b7 the amount used for abandoned mine land reclamation1 including allocation by ,state and ,indian tribe2 7#c7 the effectiveness of the program under this ,act in addressing abandoned mine land problems on ,federal and non-,federal land2 7#d7 any impact on domestic locatable mineral exploration and production as a result of the fees and royalties2 and 7#e7 any recommendations with respect to changes in ,federal law 7including regulations7 relating to the amount or method of collection 7including auditing1 compliance1 and enforcement7 of the fees and royalties4 ,,iii ,mineral activities #cja4 ,permits 7a7 ,in general ,except as provided in section #eja7;a77#b71 no person may engage in mineral activities on ,federal land that may cause a disturbance of surface resources1 including land1 air1 water1 and fish and wildlife1 unless a permit authorizing the activities was issued to the person under this title4 7b7 ,exceptions ,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 ,no modification ,nothing in this section enlarges1 diminishes1 establishes1 repeals1 or otherwise modifies any requirement of law that a mining claim1 millsite1 or tunnel site be valid in order for mineral activities to be undertaken4 7d7 ,coordination with ,,nepa process ,to the maximum extent practicable1 the ,secretary concerned shall conduct the permit processes under this ,act in coordination with the timing and other requirements of section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 #cjb4 ,exploration permits 7a7 ,in general ,except as provided in section #eja7;a77#b71 an exploration permit shall be required prior to conducting any exploration activities on ,federal land that involve more than the casual use of the ,federal land4 7b7 ,limitations ,an exploration permit under subsection 7a7 shall not authorize the person to-- 7#a7 remove any mineral for sale2 or 7#b7 conduct any activity other than an activity required for-- 7,a7 exploration for locatable minerals2 or 7,b7 reclamation4 7c7 ,requirements ,to be eligible for an exploration permit1 a person shall submit to the ,secretary concerned1 in a manner prescribed by the ,secretary concerned1 an application for an exploration permit that contains-- 7#a7 an exploration plan demonstrating that-- 7,a7 the applicant will operate in accordance with this ,act and applicable regulations2 7,b7 the formation of acid mine drainage will be avoided to the maximum extent practicable2 and 7,c7 mineral activities will be conducted in a manner that uses best management practices2 7#b7 a description of potential impacts to groundwater and surface water1 including appropriate hydrological assessments and analyses1 as reasonably required by the ,secretary2 7#c7 a reclamation plan for the proposed exploration activity demonstrating that the applicant will conduct reclamation activities in accordance with section #cjf2 7#d7 evidence of adequate financial assurance in accordance with section #cjd2 7#e7 the necessary documentation to demonstrate that the proposed exploration activity will comply with applicable ,federal and ,state environmental laws 7including regulations72 7#f7 a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this ,act2 and 7#g7 any other relevant information determined by the ,secretary to be necessary to satisfy the requirements of this ,act and other applicable law4 7d7 ,permit issuance 7#a7 ,approval 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary concerned shall approve an application and issue an exploration permit if the ,secretary concerned determines that the application is in compliance with-- 7i7 this ,act2 7ii7 any regulations promulgated under this ,act2 and 7iii7 any other applicable laws4 7,b7 ,conditions ,the ,secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this ,act and applicable regulations4 7#b7 ,denial ,the ,secretary concerned shall deny the issuance of an exploration permit if the ,secretary concerned determines that the permit does not meet the requirements of-- 7,a7 this ,act2 7,b7 any regulations promulgated under this ,act2 or 7,c7 other applicable laws4 7#c7 ,notice ,before approving or denying an exploration permit under this subsection1 the ,secretary concerned-- 7,a7 shall provide public notice and an opportunity for written comment2 and 7,b7 may hold a public hearing4 7e7 ,modifications to permit 7#a7 ,in general ,the permit holder may submit to the ,secretary concerned an application to modify an exploration permit4 7#b7 ,approval 7,a7 ,in general ,in determining whether to approve or disapprove a proposed modification to an exploration permit1 the ,secretary concerned shall make the same determinations as are required in the case of the original permit4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to minor modifications to an exploration permit or instances in which the nature of the modifications make compliance with the requirements unnecessary1 as determined by the ,secretary concerned4 7#c7 ,modifications from ,secretary concerned 7,a7 ,in general ,the ,secretary concerned may require reasonable modification to any permit on a determination that the requirements of this ,act or other applicable law cannot be met if the permit is followed as approved4 7,b7 ,requirements for determination ,a determination under subparagraph 7,a7 shall be-- 7i7 based on a written finding2 and 7ii7 subject to notice and hearing requirements established by the ,secretary concerned4 #cjc4 ,mining permits 7a7 ,in general ,except as provided in section #eja7;a77#b71 a mining permit shall be required prior to conducting mineral activities on ,federal land1 other than casual use or exploration on the ,federal land4 7b7 ,requirements ,to be eligible for a mining permit1 a person shall submit to the ,secretary concerned1 in a manner prescribed by the ,secretary concerned1 an application for a mining permit that contains-- 7#a7 a description of the condition of the land and water resources of the area before mining activities are initiated2 7#b7 an operations plan demonstrating that-- 7,a7 the applicant will operate in accordance with this ,act and applicable regulations2 7,b7 the formation of acid mine drainage will be avoided to the maximum extent practicable2 and 7,c7 mineral activities will be conducted in a manner that uses best management practices2 7#c7 a description of potential impacts to groundwater and surface water1 including appropriate hydrological assessments and analyses1 as reasonably required by the ,secretary2 7#d7 a reclamation plan for the proposed mineral activities demonstrating that the applicant will conduct reclamation activities in accordance with section #cjf2 7#e7 evidence of adequate financial assurance under section #cjd1 including1 if required1 a trust fund as required under section #cjd7;i72 7#f7 the necessary documentation to demonstrate that the proposed mineral activities will comply with applicable ,federal and ,state environmental laws 7including regulations72 7#g7 a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this ,act2 and 7#h7 any other relevant information determined by the ,secretary concerned to be necessary to satisfy the requirements of this ,act and other applicable law4 7c7 ,permit issuance 7#a7 ,approval 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary concerned shall approve a permit application and issue a mining permit if the ,secretary concerned determines that the application is in compliance with-- 7i7 this ,act2 7ii7 any regulations promulgated under this ,act2 and 7iii7 other applicable laws4 7,b7 ,conditions ,the ,secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this ,act and applicable regulations4 7#b7 ,denial ,the ,secretary concerned shall deny the issuance of a mining permit if the ,secretary concerned determines that the permit does not meet the requirements of-- 7,a7 this ,act2 7,b7 any regulations promulgated under this ,act2 or 7,c7 other applicable laws4 7#c7 ,notice ,before approving or denying a mining permit under this subsection1 the ,secretary concerned-- 7,a7 shall provide public notice and an opportunity for written comment2 and 7,b7 may hold a public hearing4 7d7 ,term of permit2 continuation 7#a7 ,in general ,an operations permit shall-- 7,a7 be for a term of #cj years2 and 7,b7 continue for so long thereafter as locatable minerals are produced in commercial quantities from the permit area in compliance with the requirements of this ,act and other applicable law4 7#b7 ,continuation ,no permit shall expire because operations or production have ceased pursuant to an approved temporary cessation or been suspended pursuant to any order of1 or with the consent of1 the ,secretary concerned4 7e7 ,modifications to permit 7#a7 ,request from permit holder 7,a7 ,in general ,a mining permit holder may submit to the ,secretary concerned an application to modify the mining permit4 7,b7 ,approval 7i7 ,in general ,in determining whether to approve or disapprove a proposed modification to a mining permit1 the ,secretary concerned shall make the same determinations as are required in the case of an original mining permit4 7ii7 ,exceptions ,clause 7i7 shall not apply to minor modifications to a mining permit or instances in which the nature of the modifications make compliance with the requirements unnecessary1 as determined by the ,secretary concerned4 7#b7 ,modifications from ,secretary concerned 7,a7 ,in general ,the ,secretary concerned may require reasonable modification to any permit on a determination that the requirements of this ,act or other applicable law cannot be met if the permit is followed as approved4 7,b7 ,requirements for determination ,a determination under subparagraph 7,a7 shall be-- 7i7 based on a written finding2 and 7ii7 subject to notice and hearing requirements established by the ,secretary concerned4 7f7 ,land use fees 7#a7 ,in general ,in the case of ,federal land included in a mining permit approved under this section after the date of enactment of this ,act1 or ,federal land added pursuant to a modification to a permit or plan of operations if the modification is approved after the date of enactment of this ,act1 not later than ,august #ca of each year1 the operator shall pay a land use fee in an amount established by the ,secretary by regulation that is equal to #d times the claim maintenance fee imposed section #ajb7;a77#a7 for each #bj acres of ,federal land that is included within the mine permit area4 7#b7 ,additional fee ,the land use fee imposed under this subsection shall be in addition to the claim maintenance fees imposed under section #ajb7;a74 7#c7 ,authorized activities ,upon approval by the ,secretary concerned of a mining permit and upon payment of the land use fee as required by this subsection1 the operator may use and occupy all ,federal land within the mine permit area for such uses as are approved in the mining permit if the uses are undertaken in accordance with all applicable law4 7#d7 ,adjustment ,land use fees imposed under this subsection shall be adjusted as necessary to correspond to any adjustment in the claim maintenance fees imposed under section #ajb7;a74 7#e7 ,disposition of funds ,any amounts received under this subsection shall be deposited in the ,fund4 7g7 ,temporary cessation of operations 7#a7 ,in general ,an operator conducting mineral activities under this title may not temporarily cease mineral activities for a period of greater than #ahj days unless-- 7,a7 the ,secretary concerned has approved the temporary cessation2 or 7,b7 the temporary cessation is permitted under the exploration or mining permit4 7#b7 ,multiple temporary cessations ,the ,secretary concerned may approve more than #a temporary cessation for mineral activities under a permit4 7#c7 ,interim management plan ,any operator temporarily ceasing mineral activities shall follow an interim management plan approved by the ,secretary concerned4 #cjd4 ,financial assurances 7a7 ,in general ,before beginning any mineral activities requiring an exploration or mining permit under this ,act1 an operator shall provide to the ,secretary concerned evidence of a bond1 surety1 or other financial assurance approved by the ,secretary concerned in an amount determined1 after public notice and comment1 by the ,secretary concerned to be sufficient to ensure the completion of reclamation under section #cjf and the restoration of any land or water adversely affected by the mineral activities if the work 7including any interim stabilization and infrastructure maintenance activities7 would be performed by the ,secretary concerned 7or a third party retained by the ,secretary concerned7 in the event of forfeiture4 7b7 ,land and water covered ,the financial assurance shall cover-- 7#a7 all land within the initial permit area2 7#b7 all affected water that may require restoration1 treatment1 or other management as a result of mineral activities2 and 7#c7 all land added and water affected pursuant to any permit modification4 7c7 ,review ,not later than #c years after the date on which an operator provides financial assurance in an amount determined under subsection 7a7 and not later than every #c years thereafter1 the ,secretary concerned shall-- 7#a7 review the financial assurance to determine if the amount of the financial assurance is adequate for purposes of this section2 and 7#b7 if the ,secretary concerned determines that the amount of the financial assurance is not adequate1 adjust the amount of the financial assurance in accordance with this section4 7d7 ,reduction 7#a7 ,in general ,the ,secretary concerned may reduce the amount of the financial assurance required if the ,secretary concerned determines that a portion of the reclamation is completed in accordance with section #cjf4 7#b7 ,notice ,before reducing or releasing the amount of financial assurance pursuant to this subsection1 the ,secretary concerned shall provide public notice and a reasonable opportunity for public notice and comment in accordance with subsection 7g74 7e7 ,incremental financial assurance 7#a7 ,in general ,the ,secretary concerned may authorize amounts of financial assurance for incremental mineral activities if-- 7,a7 no mineral activities are allowed beyond the activities for which financial assurance is provided2 7,b7 the financial assurance for an increment covers all reclamation costs within the permit area for the increment2 and 7,c7 the amount and terms of the financial assurance for each increment are reviewed annually4 7#b7 ,review ,notwithstanding subsection 7c71 the ,secretary concerned shall-- 7,a7 review at least on an annual basis the amount and terms of the financial assurance for any increment2 and 7,b7 adjust the financial assurance as appropriate4 7f7 ,duration ,the financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the responsibility of the operator for reclamation1 long-term maintenance1 and effluent treatment as specified in subsection 7h74 7g7 ,release ,subject to subsections 7h7 and 7i71 the ,secretary concerned may1 after public notice and a reasonable opportunity for public comment and after inspection1 release in whole or in part the financial assurance required under this section if the ,secretary concerned determines that-- 7#a7 reclamation covered by the financial assurance has been accomplished as required by this ,act and other applicable law2 and 7#b7 the terms and conditions of any other applicable ,federal and ,state requirements have been fulfilled4 7h7 ,release of financial assurance for water ,if the ,secretary concerned does not require the establishment of a trust fund or other long-term funding mechanism under subsection 7i71 the portion of the financial assurance attributable to the estimated cost of treatment of any discharge or other water-related condition resulting from mineral activities shall not be released until the public has been provided notice and an opportunity to comment in accordance with subsection 7g7 and-- 7#a7 the discharge has ceased for a period of at least #e years1 as determined through ongoing monitoring and testing2 or 7#b7 if the discharge continues1 the operator has met all applicable effluent limitations and water quality standards for a period of at least #e years4 7i7 ,long-,term financial assurances 7#a7 ,in general ,notwithstanding subsections 7d7 and 7g71 if any discharge or other water-related condition resulting from mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards1 the financial assurance shall cover the estimated cost of maintaining the treatment for the period that will be needed after the cessation of mineral activities4 7#b7 ,long-term funding mechanisms 7,a7 ,in general ,the ,secretary concerned shall1 if determined necessary by the ,secretary concerned1 require the operator to establish a trust fund or other funding mechanism to provide financial assurances to ensure the continuation of long-term treatment or other management to achieve water quality standards and for other long-term1 post-mining maintenance or monitoring requirements4 7,b7 ,amount ,the amount of funding shall be adequate to provide for construction1 long-term operation1 maintenance1 or replacement of any treatment facilities and infrastructure1 for as long as the treatment and facilities are needed after mine closure4 7,c7 ,liability ,nothing in this paragraph allows any person to transfer any liability arising from mineral activities to any other person4 7j7 ,report 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture and the ,administrator of the ,environmental ,protection ,agency1 shall conduct a review and submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report regarding the sufficiency of financial assurances for locatable minerals activities 7including exploration and mining7 on ,federal land4 7#b7 ,topics ,the report shall address-- 7,a7 methods for establishing financial assurances levels2 7,b7 the type1 level1 and adequacy of financial assurances required for exploration activities2 7,c7 for each mine on ,federal land-- 7i7 the dates of approval of any plan of operation or mining permit2 7ii7 the acreage involved2 7iii7 the expected life of the mine2 7iv7 the type1 level1 and adequacy of financial assurance2 and 7v7 whether the mine is expected to require long-term water treatment or maintenance after mine closure2 7,d7 the effectiveness of various types of financial assurances2 and 7,e7 the availability of and costs associated with various types of financial assurances4 7#c7 ,recommendations ,the report shall include any recommendations for modifications to ,federal law or applicable regulations to improve the effectiveness of financial assurances for locatable mineral activities described in paragraph 7#a74 #cje4 ,transfer1 assignment1 or sale of right ,the ,secretary concerned shall approve the transfer1 assignment1 or sale of rights of an exploration or mining permit only if the successor in interest agrees in writing to assume the liability and reclamation responsibilities 7including the financial assurance requirements under section #cjd 7including applicable regulations77 established by the permit under this ,act1 without affecting the liability of the transferor under any other law or exploration or mining permit4 #cjf4 ,operation and reclamation 7a7 ,in general ,the operator shall restore land and water subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting-- 7#a7 the uses that the land and water was capable of supporting before surface disturbance by the operator2 or 7#b7 other beneficial uses that conform to applicable land use plans 7including1 if appropriate1 the generation of renewable energy71 as determined by the ,secretary concerned4 7b7 ,timing 7#a7 ,in general ,reclamation activities shall be carried out as contemporaneously as practicable with the conduct of mineral activities4 7#b7 ,temporary cessation ,if mineral activities are ceased for a period other than a temporary cessation as approved by the ,secretary concerned1 reclamation activities shall begin immediately4 7c7 ,administration of 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 7commonly known as the ,organic ,act of #ahig7 7#af ,u4,s4,c4 #dgh71 or the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 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 concerned-- 7#a7 shall ensure that mineral activities on any ,federal land that is subject to a mining claim1 millsite claim1 or tunnel site claim are carefully controlled to prevent undue degradation of public land and resources2 and 7#b7 shall not grant permission to engage in mineral activities if the ,secretary concerned1 after considering the evidence1 makes a determination that undue degradation would result from those activities4 7d7 ,operation and reclamation standards ,the ,secretary and the ,secretary of ,agriculture shall jointly promulgate regulations that carry out this ,act4 7e7 ,relationship to other laws ,the requirements of this ,act shall be in addition to any requirements applicable to mineral activities under-- 7#a7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7#b7 the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a et seq472 and 7#c7 the ,act of ,june #d1 #ahig 7commonly known as the ,organic ,act of #ahig 7 7#af ,u4,s4,c4 #dgc-dhb1 #eea74 #cjg4 ,land open to location ,section #bjb7;e7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7;e77 is amended-- 7#a7 in paragraph 7#c71 by striking removed from or restored to the operation of the ,mining ,law of #ahgb1 as amended 7,r4,s4 #bcah-bceb2 #cj ,u4,s4,c4 #ba et seq47 or2 and 7#b7 by adding at the end the following3 7#d7 ,review of land 7,a7 ,definition of ,national ,conservation ,system ,unit ,in this paragraph1 the term ,national ,conservation ,system unit means-- 7i7 any unit of-- 7,i7 the ,national ,park ,system2 7,,ii7 the ,national ,wildlife ,refuge ,system2 or 7,,iii7 the ,national ,wild and ,scenic ,rivers ,system2 7ii7 a ,national ,monument2 or 7iii7 a ,national ,conservation ,area4 7,b7 ,review ,not later than #c years after the date of enactment of this paragraph1 each ,secretary concerned1 acting through the local ,federal land manager1 shall1 consistent with the respective jurisdiction of each ,secretary concerned1 undertake and complete a review of-- 7i7 public land designated as a wilderness study area or ,national ,forest ,system land identified as suitable for wilderness designation2 7ii7 areas of critical environmental concern2 7iii7 ,federal land in which mineral activities pose a reasonable likelihood of substantial adverse impacts on ,national ,conservation system units2 7iv7 7,i7 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 seq472 7,,ii7 areas designated for potential addition to the ,system pursuant to section #e7;a7 of that ,act 7#af ,u4,s4,c4 #abgf7;a772 and 7,,iii7 areas determined to be eligible for inclusion in the ,system pursuant to section #e7;d7 of that ,act 7#af ,u4,s4,c4 #abgf7;d772 and 7v7 7,i7 inventoried roadless areas 7as defined in section #bid4aa of title #cf1 ,code of ,federal ,regulations 7or successor regulations772 7,,ii7 ,idaho ,roadless ,areas 7as defined in section #bid4ba of title #cf1 ,code of ,federal ,regulations 7or successor regulations772 and 7,,iii7 ,colorado ,roadless ,areas 7as defined in section #bid4da of title #cf1 ,code of ,federal ,regulations 7or successor regulations774 7#e7 ,withdrawals of land 7,a7 ,in general ,subsequent to review in accordance with paragraph 7#d77;,b71 in addition to withdrawals made pursuant to section #bjd and subject to valid existing rights1 tracts of ,federal land may1 pursuant to this paragraph1 be removed from operation of sections #bcah through #bceb of the ,revised ,statutes 7commonly known and referred to in this subsection as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #ba et seq47 if the ,secretary1 based on the analysis of the local ,federal land manager1 and in the case of ,national ,forest ,system land1 on the recommendation of the ,secretary of ,agriculture based on the analysis of the local ,federal land manager1 determines that the action is appropriate after application of the criteria established under subsection 7c74 7,b7 ,revision of land use plans ,the ,secretary concerned1 acting through the local ,federal land manager1 shall revise or amend the applicable land use plan1 as appropriate1 to provide for removal of land1 subject to valid existing rights1 from operation of the ,mining ,law of #ahgb on a determination by the ,secretary under subparagraph 7,a7 that the land should be removed from operation of that ,act4 7,c7 ,segregation from general mining laws pending completion ,on a determination by the ,secretary that the land should be removed from operation of the ,mining ,law of #ahgb1 the land shall be immediately segregated from operation of the ,mining ,law of #ahgb until the plan amendment or revision is completed4 7,d7 ,completion deadline ,any amendment or revision of a land use plan shall be completed not later than #a year after the date of the determination of the ,secretary under subparagraph 7,a74 7#f7 ,petition for review ,the ,governor of a ,state1 the head of an ,indian tribe1 or an appropriate local government official may petition-- 7,a7 the ,secretary concerned to direct the local ,federal land manager to undertake a review under paragraph 7#d72 and 7,b7 the ,secretary to determine whether land within the ,state should be removed from operation of the ,mining ,law of #ahgb1 subject to valid existing rights1 pursuant to paragraph 7#e74 4 #cjh4 ,state law ,any reclamation1 environmental1 public health protection1 bonding1 or inspection standard or requirement in ,state law 7including regulations7 that meets or exceeds the requirements of this ,act shall not be considered to be inconsistent with this ,act4 #cji4 ,inspection and monitoring 7a7 ,inspections 7#a7 ,in general ,the ,secretary concerned shall make inspections of mineral activities to ensure compliance with this ,act4 7#b7 ,timing ,the ,secretary concerned shall establish the frequency of inspections for mineral activities conducted under a permit issued under this ,act1 with the ,secretary concerned requiring not less than #a complete inspection per calendar quarter4 7#c7 ,annual inspections ,after revegetation has been established in accordance with a reclamation plan1 the ,secretary concerned shall conduct not less than #b complete inspections per year4 7#d7 ,seasonal activities ,the ,secretary concerned shall have the discretion to modify the inspection frequency for mineral activities that are conducted on a seasonal basis1 except that the ,secretary concerned shall require not less than #b complete inspections per calendar year4 7#e7 ,financial assurance ,inspections shall continue under this subsection until the final release of financial assurance4 7b7 ,monitoring ,the ,secretary concerned shall require all operators-- 7#a7 to develop and maintain a monitoring and evaluation system to identify compliance with all requirements of a permit approved under this ,act2 and 7#b7 to submit such reports as may be required by the ,secretary concerned4 #caj4 ,tribal consultation 7a7 ,in general ,consistent with ,executive ,order #acage 7#be ,u4,s4,c4 #ecja note2 relating to consultation and coordination with ,indian ,tribal governments7 and all other applicable ,federal law1 the ,secretary concerned shall conduct active1 meaningful1 and timely consultation with all applicable ,indian tribes prior to undertaking or issuing a permit for any mineral activity that may affect-- 7#a7 ,indian land2 or 7#b7 land that is not ,indian land but is-- 7,a7 within the exterior boundaries of ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code72 or 7,b7 land to which an ,indian tribe attaches religious or cultural significance4 7b7 ,timing 7#a7 ,in general ,except as provided in paragraph 7#b71 each consultation required for a mineral activity under subsection 7a7 shall be completed before-- 7,a7 any ,federal funds are expended for the mineral activity2 and 7,b7 the issuance of any permit for the mineral activity4 7#b7 ,exception ,paragraph 7#a7 shall not apply to nondestructive project planning for a mineral activity4 7c7 ,requirements ,the ,secretary concerned shall ensure that consultation with an ,indian tribe under this section-- 7#a7 provides the ,indian tribe a reasonable opportunity-- 7,a7 to identify any concerns of the ,indian tribe2 7,b7 to advise on the identification and evaluation of other areas that potentially would be impacted by the mineral activities1 including areas of traditional religious or cultural importance2 7,c7 to articulate the views of the ,indian tribe regarding the direct and indirect effects of the mineral activities on the areas identified and evaluated under subparagraph 7,b72 and 7,d7 to participate in the resolution of any potential adverse effects of the mineral activities2 7#b7 includes consultation with the representatives designated or identified by the ,indian tribe2 7#c7 recognizes that the relationship between the ,federal ,government and ,indian tribes-- 7,a7 is a government-to-government relationship2 and 7,b7 is a unique legal relationship1 as provided under the ,constitution of the ,united ,states1 treaties1 laws1 and court decisions2 and 7#d7 is conducted in a manner-- 7,a7 sensitive to the concerns and needs of the ,indian tribe2 and 7,b7 respectful of ,tribal sovereignty4 7d7 ,effect ,nothing in this section-- 7#a7 alters1 amends1 repeals1 interprets1 or modifies ,tribal sovereignty or the treaty or other rights of any ,indian tribe2 or 7#b7 preempts1 modifies1 or limits the exercise of ,tribal sovereignty or the treaty or other rights of any ,indian tribe4 ,,iv ,hardrock ,minerals ,reclamation ,fund #dja4 ,establishment of ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,hardrock ,minerals ,reclamation ,fund1 consisting of-- 7#a7 any amounts received by the ,united ,states under section #aja2 7#b7 any amounts collected under section #ajb 7subject to the requirements of section #ajb7;c77#a772 7#c7 any amounts donated to the ,fund by persons1 corporations1 associations1 and foundations2 7#d7 any amounts collected under section #bja2 7#e7 any amounts collected under section #cjc7;e72 7#f7 any amounts collected under section #djc2 7#g7 any amounts collected under sections #bjc and #ejb2 and 7#h7 any income on investments under subsection 7b74 7b7 ,investment 7#a7 ,in general ,the ,secretary shall notify the ,secretary of the ,treasury of any portion of the ,fund that the ,secretary determines is not required to meet current withdrawals4 7#b7 ,eligible investments ,the ,secretary of the ,treasury shall invest portions of the ,fund identified under paragraph 7#a7 in public debt securities with maturities suitable for the needs of the ,fund4 7#c7 ,interest ,investments in public debt securities shall bear 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 maturity4 7c7 ,administration ,the ,fund shall be administered by the ,secretary1 acting through the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement4 7d7 ,expenditures ,subject to section #djb1 amounts in the ,fund may1 without fiscal year limitation and without further appropriation-- 7#a7 be expended by the ,secretary for the purposes described in section #djb2 7#b7 be transferred by the ,secretary to the ,director of the ,bureau of ,land ,management1 the ,chief of the ,forest ,service1 the ,director of the ,national ,park ,service1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 or the head of any other ,federal agency1 that develops1 implements1 and has the ability to carry out all or a significant portion of a reclamation program under this title2 or 7#c7 be transferred by the ,secretary to an ,indian tribe or a ,state with an approved reclamation program1 as provided in subsection 7e74 7e7 ,state and tribal reclamation programs 7#a7 ,in general ,each ,state having within the borders of the ,state1 or ,indian tribe having within the borders of the reservation of the ,indian tribe1 mined land that is eligible for reclamation under this title may submit to the ,secretary a reclamation program for the land4 7#b7 ,approval ,if the ,secretary determines that a ,state or ,indian tribe has developed and submitted a program for reclamation of abandoned mines consistent with the priorities established under section #djb7;c7 and has the ability and necessary ,state or tribal legislation to implement this title1 the ,secretary shall-- 7,a7 approve the program2 and 7,b7 grant to the ,state or ,indian tribe the exclusive responsibility and authority to implement the approved program4 7#c7 ,withdrawal of approval ,the ,secretary shall withdraw the approval and authorization if the ,secretary determines that the ,state or tribal program is not in compliance with procedures1 guidelines1 and requirements established by the ,secretary4 7#d7 ,approval of existing programs ,subject to paragraph 7#c71 any ,state program in an abandoned hardrock mine ,state or tribal program for reclamation of abandoned mines approved under title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq47 before the date of enactment of this ,act and in good standing with the ,secretary as of that date shall be considered approved under this title4 #djb4 ,use and objectives of the ,fund 7a7 ,use 7#a7 ,in general ,the ,secretary may1 without fiscal year limitation and without further appropriation1 use amounts in the ,fund for the reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining and related activities in abandoned hardrock mine ,states and on ,indian land located within the exterior boundaries of abandoned hardrock mine ,states1 including the conduct of activities-- 7,a7 to protect public health and safety2 7,b7 to prevent1 abate1 treat1 and control water pollution created by abandoned mine drainage1 including activities conducted in watersheds2 7,c7 to reclaim and restore abandoned surface and underground mined areas2 7,d7 to reclaim and restore abandoned milling and processing areas2 7,e7 to backfill1 seal1 or otherwise control abandoned underground mine entries2 7,f7 to revegetate land adversely affected by past mining activities-- 7i7 to prevent erosion and sedimentation2 and 7ii7 for any other reclamation purpose2 7,g7 to control surface subsidence due to abandoned underground mines2 and 7,h7 to enhance fish and wildlife habitat4 7#b7 ,determination ,before expending amounts in the ,fund for the purposes described in paragraph 7#a71 the ,secretary shall make a determination that there is no continuing reclamation responsibility of the claim holder1 operator1 or other person who abandoned the site before completion of the required reclamation under ,federal or ,state law4 7b7 ,allocation ,of the amounts deposited in the ,fund each fiscal year-- 7#a7 #bj percent shall be allocated by the ,secretary for expenditure by the ,secretary or1 if a ,state or ,indian tribe has an approved program pursuant to section #dja7;e71 by the ,state or ,indian tribe1 in the ,states in which1 or on ,indian land on which1 hardrock minerals are produced1 based on a formula reflecting existing production in the ,state or on the land of the ,indian tribe2 7#b7 #cj percent shall be allocated by the ,secretary for expenditure by the ,secretary or1 if a ,state or ,indian tribe has an approved program pursuant to section #dja7;e71 by the ,state or ,indian tribe1 in the ,states and on ,indian land using a formula based on the quantity of hardrock minerals historically produced in the ,state or from the ,indian land before the date of enactment of this ,act2 7#c7 #be percent shall be allocated by the ,secretary for expenditure on ,federal land2 7#d7 #aj percent shall be available to the ,secretary for grants under subsection 7e72 7#e7 #aj percent shall be available to the ,secretary for grants under subsection 7f72 and 7#f7 #e percent shall be available for administrative expenses of the ,united ,states1 ,indian tribes1 and the ,states to accomplish the purposes of this title4 7c7 ,priorities 7#a7 ,in general ,subject to paragraph 7#b71 expenditures from the ,fund shall be based on the following priorities3 7,a7 ,the conduct of activities to protect public health and safety from the adverse effects of past hardrock mineral mining activities1 including activities addressing surface water and groundwater contaminants4 7,b7 ,the conduct of activities to restore land1 water1 and fish and wildlife resources degraded by the adverse effects of past hardrock mineral mining activities1 including restoration activities in watershed areas4 7#b7 ,multiple priorities ,in complying with the priorities established under this subsection1 funds may be expended for reclamation activities under paragraph 7#a77;,b7 before the completion of all reclamation projects under paragraph 7#a77;,a7 if the expenditure of the funds for reclamation activities under paragraph 7#a77;,b7 is made in conjunction with reclamation activities under paragraph 7#a77;,a74 7#c7 ,minimum expenditure ,notwithstanding paragraphs 7#a7 and 7#b71 not less than #be percent of the expenditures by the ,secretary on ,federal lands for any year shall be for the purposes described in paragraph 7#a77;,b74 7d7 ,eligible land and water 7#a7 ,in general ,amounts may be expended for reclamation activities under this section only with respect to land or water resources if the land or water resources have been-- 7,a7 affected by hardrock mineral mining activities2 and 7,b7 abandoned or left in an inadequate reclamation status4 7#b7 ,specific sites and areas not eligible ,section #daa7;d7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abdj;a7d77 shall apply to expenditures from the ,fund4 7#c7 ,inventory 7,a7 ,in general ,the ,secretary shall-- 7i7 prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on ,federal land1 ,state land1 other publicly owned land1 private land1 and any abandoned mine on ,indian land that may be eligible for expenditures under this section2 and 7ii7 submit to ,congress an annual report that describes the progress in reclaiming the sites listed on the inventory4 7,b7 ,maximum expenditure ,the ,secretary shall expend not more than #e1jjj1jjj to carry out the inventory required by this paragraph4 7e7 ,grants to certain ,states and ,indian tribes 7#a7 ,in general ,the ,secretary shall use amounts made available under subsection 7b77#d7 to make grants to ,states 7other than abandoned hardrock mine ,states7 and ,indian tribes to carry out reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining activities1 including the conduct of activities described in subsection 7a77#a74 7#b7 ,determination ,before awarding a grant under this subsection1 the ,secretary shall make a determination that there is no continuing reclamation responsibility of any person who abandoned the site before completion of required reclamation under ,federal or ,state law4 7#c7 ,criteria ,the ,secretary shall establish by regulation the procedures and criteria for awarding grants under this subsection1 which shall include-- 7,a7 consistency with the priorities established under subsection 7c77#a72 and 7,b7 priority for those projects for which ,federal funding is not available under other laws or programs4 7f7 ,grants to public entities and nonprofit organizations ,the ,secretary shall use amounts made available under subsection 7b77#e7 to make grants to public entities 7including ,state fish and game agencies and local governments7 and nonprofit organizations 7based on criteria established by the ,secretary by regulation7 to carry out activities that support collaborative restoration projects to improve fish and wildlife habitat affected by past hardrock minerals and mining activities1 including activities that-- 7#a7 improve water quality and quantity2 7#b7 restore watersheds in which historic mining dewatered or otherwise fragmented stream habitats2 7#c7 restore instream habitat conditions necessary to support aquatic species2 7#d7 restore vegetative cover and streamside areas to control erosion and improve conditions for fish and wildlife2 7#e7 control and remove noxious weeds and invasive species associated with historic mining disturbances that affect fish and wildlife2 7#f7 restore fish and wildlife habitat in cases in which previous hardrock minerals and mining activity limits fish and wildlife productivity2 7#g7 protect and restore fish and wildlife habitat in areas affected by historic minerals and mining activity2 and 7#h7 mitigate impacts to watersheds affected by past hardrock minerals and mining activities4 7g7 ,response or removal actions 7#a7 ,in general ,reclamation and restoration activities conducted under this section 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 only with the concurrence of the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,memorandum of understanding ,the ,secretary and the ,administrator of the ,environmental ,protection ,agency shall enter into a memorandum of understanding to establish procedures for consultation1 concurrence1 training1 the exchange of technical expertise1 and the conduct of joint activities1 as appropriate1 that provide assurances that reclamation or restoration activities under this section shall not be conducted in a manner that-- 7,a7 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 seq472 or 7,b7 to the maximum extent practicable1 avoids oversight by multiple agencies4 #djc4 ,abandoned mine land reclamation fee 7a7 ,imposition of fee ,each operator of a hardrock minerals mining operation shall pay to the ,secretary1 for deposit in the ,fund1 a reclamation fee in an amount established by the ,secretary by regulation of not less than #a percent1 and not more than #c percent1 of the value of the production from the hardrock minerals mining operation for each calendar year4 7b7 ,value of production ,for purposes of this section1 the ,secretary shall determine the value of production in the same manner as provided under section #bja7;a74 7c7 ,payment deadline ,the reclamation fee shall be paid not later than #fj days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this ,act4 7d7 ,deposit of revenues ,amounts received by the ,secretary under subsection 7a7 shall be deposited into the ,fund4 7e7 ,effect ,nothing in this section requires a reduction in1 or otherwise affects1 any similar fee required under any law 7including regulations7 of any ,state4 ,v ,transition rules1 administrative provisions1 and miscellaneous provisions #eja4 ,transition rules 7a7 ,applicability 7#a7 ,in general ,except as provided in paragraph 7#b71 section #bja7;b71 and section #cjc7;f71 the requirements of this ,act apply to any mining claim1 millsite1 or tunnel site located under the general mining laws1 before1 on1 or after the date of enactment of this ,act4 7#b7 ,preexisting claim ,if a plan of operations is approved or a notice of operations is filed for mineral activities on any claim or site referred to in paragraph 7#a7 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 at the claim or site shall be subject to the plan of operations or notice of operations2 and 7ii7 if the ,secretary concerned determines that any modifications to the plan of operations are minor1 modification may be made in accordance with the laws applicable before the date of enactment of this ,act2 and 7,b7 the operator shall bring the mineral activities into compliance with this ,act 7including implementing regulations7 by the end of the #aj-year period beginning on the date of enactment of this ,act4 7#c7 ,fees ,except as provided in sections #bja7;b7 and #cjc7;f71 all fees required to be paid under this ,act shall apply beginning on the date of enactment of this ,act to-- 7,a7 any mining claim1 millsite1 or tunnel site located under the general mining laws 7including production from the claim or site7 before1 on1 or after the date of enactment of this ,act2 7,b7 all land covered by a plan of operations or a notice of operations1 exploration permit1 or mining permit2 and 7,c7 with respect to the fee established by section #djc1 any production on or after the date of enactment of this ,act from any hardrock minerals mining operation4 7b7 ,application of ,act to beneficiation and processing of non-,federal minerals on ,federal land 7#a7 ,in general ,this ,act 7including the surface management and operation requirements of title ,,iii7 shall apply in the same manner and to the same extent to mining claims1 millsites1 and tunnel sites used for beneficiation or processing activities for any mineral without regard to whether the legal and beneficial title to the mineral is held by the ,united ,states4 7#b7 ,applicability ,this subsection applies only to minerals that-- 7,a7 are locatable minerals2 or 7,b7 would be locatable minerals if the legal and beneficial title to the minerals were held by the ,united ,states4 #ejb4 ,enforcement 7a7 ,orders 7#a7 ,notice of violation 7,a7 ,in general ,if the ,secretary concerned determines that any person is in violation of any surface management or operation requirement under title ,,iii or any regulation promulgated to carry out such a requirement or any permit condition required pursuant to title ,,iii1 the ,secretary concerned shall provide to the person a notice that describes the violation and any necessary corrective actions4 7,b7 ,abatement period 7i7 ,in general ,subject to clause 7ii71 a person that receives notice under subparagraph 7,a7 shall have not more than #ij days after the date of receipt of the notice to abate the violation4 7ii7 ,extension ,the ,secretary concerned may extend the period described in clause 7i7 if the person shows good cause for the extension1 as determined by the ,secretary concerned4 7#b7 ,cessation order 7,a7 ,in general ,the ,secretary concerned shall immediately order a cessation of mineral activities if the ,secretary concerned determines that any condition or practice exists1 or any person is in violation of any requirement of a permit approved1 or notice of operations submitted1 under this ,act1 that is causing1 or can reasonably be expected to cause-- 7i7 an imminent danger to the health or safety of the public2 or 7ii7 significant1 imminent harm to land1 air1 water1 or fish or wildlife resources4 7,b7 ,requirements 7i7 ,in general ,a cessation order issued under subparagraph 7,a7 shall remain in effect until the ,secretary concerned-- 7,i7 determines that the condition1 practice1 or violation has been abated2 or 7,,ii7 modifies1 vacates1 or terminates the cessation order4 7ii7 ,abatement ,in any cessation order issued under subparagraph 7,a71 the ,secretary concerned shall-- 7,i7 identify the steps necessary to abate the violation in the most expeditious manner practicable2 and 7,,ii7 require appropriate financial assurances to ensure that the abatement obligations are met4 7,c7 ,enforcement 7i7 ,in general ,if the required abatement has not been completed by the date that is #cj days after the date on which an order is issued under subparagraph 7,a71 the ,secretary concerned shall bring against the person failing to complete the abatement an enforcement action that is most likely to bring about abatement in the most expeditious manner practicable1 including seeking appropriate injunctive relief to bring about abatement4 7ii7 ,effect ,nothing in this subparagraph precludes the ,secretary concerned from taking alternative enforcement action before the date described in clause 7i74 7#c7 ,modifications ,the ,secretary concerned may modify1 vacate1 or terminate any notice or order issued under paragraph 7#a7 or 7#b74 7#d7 ,forfeiture 7,a7 ,in general ,if a person fails to abate a violation or defaults on the terms of the permit1 the ,secretary concerned shall forfeit the financial assurance for the permit as necessary to ensure abatement and reclamation under this ,act4 7,b7 ,alternatives ,the ,secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved permit and applicable law instead of forfeiture4 7,c7 ,liability ,in the event of forfeiture1 the claim holder or operator1 or a subsidiary1 parent company1 corporation1 or partner of the claim holder1 or operator shall be jointly and severally liable for any remaining reclamation obligations under this ,act4 7b7 ,civil penalties 7#a7 ,in general ,subject to paragraph 7#b71 any person that violates any surface management or operation requirement under title ,,iii1 any regulation promulgated to carry out such a requirement1 or any permit condition required pursuant to title ,,iii may be assessed a civil penalty by the ,secretary concerned4 7#b7 ,cessation order ,if the violation leads to the issuance of a cessation order under subsection 7a77#b71 the ,secretary concerned shall assess the civil penalty4 7#c7 ,maximum amount ,the penalty shall not exceed #e1jjj for each violation4 7#d7 ,continuing violations ,each day of continuing violation may be considered a separate violation for purposes of penalty assessments4 7#e7 ,factors affecting amount ,in determining the amount of the penalty for a violation by a person1 the ,secretary concerned shall consider-- 7,a7 the history of the person of previous violations2 7,b7 the seriousness of the violation1 including any irreparable harm to the environment and any hazard to the health or safety of the public2 7,c7 whether the person was negligent2 and 7,d7 the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation4 7#f7 ,corporate liability ,if a corporate permittee is in violation of a requirement of any surface management or operations requirement under title ,,iii of this ,act1 any regulation promulgated to carry out such a requirement1 or any permit condition required pursuant to title ,,iii1 or fails or refuses to comply with a notice or an order issued under subsection 7a71 any director1 officer1 or agent of the corporation who willfully and knowingly authorized1 ordered1 or carried out the violation1 failure1 or refusal shall be subject to civil penalties1 fines1 and imprisonment that may be imposed under a person under this subsection1 subsection 7d7 or 7e74 7c7 ,administrative review 7#a7 ,compliance order ,any person issued a notice of violation or a cessation order under subsection 7a7 may apply to the ,secretary concerned for review of the notice or order by the date that is not later than #cj days after receipt of the notice or order4 7#b7 ,civil penalty ,any person who is subject to a civil penalty assessed by the ,secretary concerned under this section may apply to the ,secretary concerned for review of the penalty by the date that is not later than #cj days after the date on which the person receives notice of the penalty4 7#c7 ,hearing ,the ,secretary concerned shall provide an opportunity for a hearing on the record subject to section #eed of title #e1 ,united ,states ,code1 at the request of any person that is-- 7,a7 issued a notice of violation under subsection 7a77#a72 7,b7 issued a cessation order under subsection 7a77#b72 or 7,c7 subject to civil penalties under subsection 7b74 7d7 ,civil action 7#a7 ,in general ,the ,secretary concerned may submit to the ,attorney ,general a request to bring a civil action for relief1 including a permanent or temporary injunction or restraining order and the imposition of civil penalties1 in any appropriate district court of the ,united ,states1 if a person-- 7,a7 violates1 fails1 or refuses to comply with any notice or 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 #cji4 7#b7 ,relief 7,a7 ,in general ,the court hearing a civil action brought under paragraph 7#a7 shall have the jurisdiction to provide any relief that the court determines to be appropriate4 7,b7 ,review ,any relief granted by the court to enforce an order under paragraph 7#a7 shall continue in effect until the date on which all proceedings for review of the order are completed or terminated unless the court granting the relief sets the relief aside4 7e7 ,criminal penalties 7#a7 ,false statements2 tampering 7,a7 ,in general ,a person shall1 on conviction1 be punished by a fine of not more than #be1jjj1 imprisonment for not more than #a year1 or fine and imprisonment if the person willfully and knowingly-- 7i7 makes any false material statement1 representation1 or certification in1 omits or conceals material information from1 or unlawfully alters1 any mining claim1 notice of location1 application1 record1 report1 plan1 or other document filed or required to be maintained under this ,act2 or 7ii7 falsifies1 tampers with1 renders inaccurate1 or fails to install any monitoring device or method required to be maintained under this ,act4 7,b7 ,second violation ,if a conviction of a person under subparagraph 7,a7 is for a violation committed after a first conviction of the person under that subparagraph1 punishment shall be by a fine of not more than #ej1jjj1 imprisonment of not more than #b years1 or fine and imprisonment4 7#b7 ,knowing violations 7,a7 ,in general ,a person shall1 on conviction1 be punished by a fine of not more than #be1jjj1 imprisonment for not more than #a year1 or both if the person willfully and knowingly-- 7i7 engages in mineral activities without a permit if required under section #cjb or #cjc2 or 7ii7 violates any surface management or operation requirement under title ,,iii 7including any regulation promulgated to carry out the requirement7 or any requirement1 condition1 or limitation of a permit issued under this ,act4 7,b7 ,second violation ,if a conviction of a person under subparagraph 7,a7 is for a violation committed after the first conviction of the person under that subparagraph1 punishment shall be a fine of not more than #ej1jjj1 imprisonment of not more than #b years1 or both4 7f7 ,delegation ,notwithstanding any other provision of law1 the ,secretary may use personnel of the ,office of ,surface ,mining ,reclamation and ,enforcement or the ,bureau of ,land ,management to ensure compliance with this ,act4 #ejc4 ,judicial review 7a7 ,rulemaking 7#a7 ,in general ,the following shall be subject to judicial review only in the ,united ,states ,court of ,appeals for the ,district of ,columbia3 7,a7 ,any final action by the ,secretary concerned in promulgating regulations to carry out this ,act4 7,b7 ,any other final actions considered to be a rulemaking to carry out this ,act4 7#b7 ,deadline ,a petition for review of any action subject to judicial review under paragraph 7#a7 shall be filed not later than #fj days after the date of the action unless the petition is based solely on grounds arising after the #fj-;day period4 7b7 ,final agency action ,except as provided in subsection 7a71 final agency action under this ,act shall be subject to judicial review in the district courts of the ,united ,states in accordance with section #acia of title #bh1 ,united ,states ,code4 #ejd4 ,uncommon varieties 7a7 ,determinations ,section #c of the ,act of ,july #bc1 #aiee 7#cj ,u4,s4,c4 #faa71 is amended-- 7#a7 by striking ,sec4 #c4 ,no deposit and inserting the following3 #c4 ,common varieties of mineral materials 7a7 ,in general ,no deposit 2 7#b7 in the first sentence-- 7,a7 by inserting mineral materials1 including after varieties of2 and 7,b7 by striking or cinders and inserting cinders1 and clay2 7#c7 by striking ,common varieties as used in this ,act does not and inserting the following3 7c7 ,definitions ,in this ,act3 7#a7 ,common varieties ,the term common varieties does not 2 7#d7 by striking ,petrified wood as used in this ,act means and inserting the following3 7#b7 ,petrified wood ,the term petrified wood means 2 and 7#e7 by inserting after subsection 7a7 the following3 7b7 ,disposal of mineral materials 7#a7 ,definition of valid existing rights ,in this subsection1 the term valid existing rights means rights to a mining claim located for any mineral material that-- 7,a7 had and still has some property giving mineral material the distinct and special value referred to in this section or1 as the case may be1 met the definition of block pumice referred to in subsection 7c77#a72 7,b7 was properly located and maintained under the general mining laws prior to the date of enactment of this subsection2 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 this subsection2 and 7,d7 continues to be valid under this ,act4 7#b7 ,disposal ,subject to valid existing rights1 effective beginning on the date of enactment of this subsection1 notwithstanding the references to the term common varieties in this section and to the exception to the term relating to a deposit of materials with some property giving it distinct and special value1 all deposits of mineral materials referred to in this section 7including the block pumice referred to in subsection 7c77#a77 shall be subject to disposal only under the terms and conditions of the ,act of ,july #ca1 #aidg 7commonly known as the ,materials ,act of #aidg7 7#cj ,u4,s4,c4 #fja et seq474 4 7b7 ,conforming amendment ,the first section of the ,act of ,july #ca1 #aidg 7commonly known as the ,materials ,act of #aidg7 7#cj ,u4,s4,c4 #fja71 is amended in the first sentence by striking common varieties of4 #eje4 ,review of uranium development on ,federal land 7a7 ,definition of ,federal land ,in this section1 the term ,federal land means land administered by the ,secretary or the ,secretary of ,agriculture4 7b7 ,review 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall enter into an arrangement under which the ,national ,academy of ,sciences shall conduct a study of uranium development on ,federal land4 7#b7 ,matters to be addressed ,the study shall describe and analyze-- 7,a7 the laws applicable to the development of uranium on ,federal land and the agencies responsible for administering and enforcing those laws2 7,b7 the requirements relating to the development of uranium under sections #bcah through #bceb of the ,revised ,statutes 7commonly known and referred to in this section as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #ba et seq472 7,c7 the requirements relating to the development of uranium under the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7,d7 the uranium leasing program administered by the ,department of ,energy under that ,act2 7,e7 the requirements relating to the approval of uranium in-situ leasing recovery and the licensing process required by the ,nuclear ,regulatory ,commission2 7,f7 the efficacy of bonds or other forms of financial surety in ensuring the reclamation of ,federal land and associated waters impacted by the development of uranium2 and 7,g7 the efficacy of ,federal law in protecting public health and safety and the environment from impacts due to the development of uranium on ,federal land4 7c7 ,recommendations ,the study shall-- 7#a7 analyze the effectiveness of current ,federal requirements applicable to the exploration1 development1 and production of uranium on ,federal land in allowing for the production of uranium while ensuring protection of public health and safety and the environment2 and 7#b7 make recommendations as to changes1 if any1 to ,federal law 7including regulations7 and agency procedures relating to the development of uranium resources on ,federal land to allow for the production of uranium while ensuring protection of public health and safety and the environment1 including specific recommendations on whether-- 7,a7 future development of uranium on ,federal land should be-- 7i7 removed from operation of the ,mining ,law of #ahgb2 and 7ii7 subject to leasing2 7,b7 additional requirements 7including additional financial assurances or fees7 should be applicable to ensure reclamation of uranium mine sites1 including abandoned uranium mine sites2 and 7,c7 whether additional land should be withdrawn from location and entry of uranium mining claims by the ,secretary4 7d7 ,completion of study ,the ,national ,academy of ,sciences shall-- 7#a7 not later than #ah months after the date of enactment of this ,act1 submit the findings and recommendations of the study to the ,secretary and the ,secretary of ,agriculture2 and 7#b7 on completion of the study1 make the results of the study available to the public4 7e7 ,report ,not later than #ahj days after receiving the results of the study1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on-- 7#a7 the findings and recommendations of the study2 7#b7 the agreement or disagreement of the ,secretaries with each of the findings and recommendations of the study2 and 7#c7 7,a7 a plan and timeframe for implementing those recommendations of the study that do not require legislation2 or 7,b7 if the ,secretary declines to implement a recommendation1 the justification for declining to implement the recommendation4 #ejf4 ,effect 7a7 ,special application of general mining laws 7#a7 ,in general ,nothing in this ,act repeals or modifies any ,federal law 7including regulations71 order1 or land use plan in effect before 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 before the date of enactment of this ,act1 and laws that provide protections of natural and cultural resources and the environment that are equal to or greater than the protections required under this ,act4 7#b7 ,existing laws ,any law described in paragraph 7#a7 shall remain in force and effect with respect to claims and sites located or proposed to be located under this ,act4 7#c7 ,mineral investigations ,nothing in this ,act applies to or limits mineral investigations1 studies1 or other mineral activities conducted by any ,federal or ,state agency acting in a governmental capacity under other authorities4 7b7 ,environmental laws ,nothing in this ,act affects or limits any assessment1 investigation1 evaluation1 or listing under-- 7#a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 or 7#b7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #cbea et seq474 7c7 ,effect on general mining laws 7#a7 ,in general ,this ,act supersedes the general mining laws1 except for the provisions of the general mining laws relating to the location of mining claims that are not expressly modified by this ,act4 7#b7 ,limitation ,nothing in this ,act supersedes1 modifies1 amends1 or repeals any provision of ,federal law not expressly superseded1 modified1 amended1 or repealed by this ,act1 other than the general mining laws4