,i #aaith ,,congress #ast ,session ,h4 ,r4 #ahfe ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjbe,mr4 ,grijalva 7for himself and ,mr4 ,huffman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to modify the requirements applicable to locatable minerals on public domain lands1 consistent with the principles of self-initiation of mining claims1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,mining ,waste1 ,fraud1 and ,abuse ,prevention ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions and references4,sec4 #c4 ,application rules4,title ,i--,mineral ,leasing1 ,exploration1 and ,development,sec4 #aja4 ,closure to entry and location4,sec4 #ajb4 ,limitation on patents4,sec4 #ajc4 ,prospecting licenses and hardrock leases4,sec4 #ajd4 ,competitive leasing4,sec4 #aje4 ,small miner's lease4,sec4 #ajf4 ,land containing nonhardrock minerals2 other uses4,sec4 #ajg4 ,royalty4,sec4 #ajh4 ,existing production4,sec4 #aji4 ,hardrock mining claim maintenance fee4,sec4 #aaj4 ,effect of payments for use and occupancy of claims4,sec4 #aaa4 ,protection of special places4,sec4 #aab4 ,suitability determination4,title ,,ii--,consultation ,procedure,sec4 #bja4 ,requirement for consultation4,title ,,iii--,environmental ,considerations of ,mineral ,exploration and ,development,sec4 #cja4 ,general standard for hardrock mining on ,federal land4,sec4 #cjb4 ,permits4,sec4 #cjc4 ,exploration permit4,sec4 #cjd4 ,operations permit4,sec4 #cje4 ,persons ineligible for permits4,sec4 #cjf4 ,financial assurance4,sec4 #cjg4 ,operation and reclamation4,sec4 #cjh4 ,state law and regulation4,title ,,iv--,abandoned ,hardrock ,mine ,reclamation ,program,sec4 #dja4 ,funds credited to the ,abandoned ,hardrock ,mine ,reclamation ,program4,sec4 #djb4 ,displaced material reclamation fee4,title ,v--,additional ,provisions,sec4 #eja4 ,policy functions4,sec4 #ejb4 ,user fees and inflation adjustment4,sec4 #ejc4 ,inspection and monitoring4,sec4 #ejd4 ,citizens suits4,sec4 #eje4 ,administrative and judicial review4,sec4 #ejf4 ,reporting requirements4,sec4 #ejg4 ,enforcement4,sec4 #ejh4 ,regulations4,sec4 #eji4 ,oil shale claims4,sec4 #eaj4 ,savings clause4,sec4 #eaa4 ,availability of public records4,sec4 #eab4 ,miscellaneous powers4,sec4 #eac4 ,mineral materials4,sec4 #ead4 ,effective date4 #b4 ,definitions and references 7a7 ,in general ,as used in this ,act3 7#a7 ,the term ,abandoned ,hardrock ,mine ,reclamation ,program means the program established by section #djgjd of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde74 7#b7 ,the term adjacent land means any land not more than #b miles from the boundary of a described land tract4 7#c7 ,the term affiliate means1 with respect to any person1 any of the following3 7,a7 ,any person that controls1 is controlled by1 or is under common control with such person4 7,b7 ,any partner of such person4 7,c7 ,any person owning at least #aj percent of the voting shares of such person4 7#d7 ,the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#e7 ,the term applicant means any person applying for a lease1 license1 or permit under this ,act or a modification to or a renewal of a lease1 license1 or permit issued under this ,act4 7#f7 ,the term beneficiation means the crushing and grinding of hardrock mineral ore and such processes as are employed to free the mineral from other constituents1 including physical and chemical separation techniques4 7#g7 ,the term casual use-- 7,a7 means mineral activities that do not ordinarily result in any disturbance of ,federal land and resources2 7,b7 includes collection of geochemical1 rock1 soil1 or mineral specimens using handtools1 hand panning1 or nonmotorized sluicing2 and 7,c7 does not include-- 7i7 the use of mechanized earth-moving equipment1 suction dredging1 or explosives2 7ii7 the use of motor vehicles in areas closed to off-road vehicles2 7iii7 the construction of roads or drill pads2 or 7iv7 the use of toxic or hazardous materials4 7#h7 ,the term claim holder means-- 7,a7 any person holding a mining claim1 millsite1 or tunnel site located under the general mining laws or this ,act and maintained in compliance with such laws2 and 7,b7 any agent of such person4 7#i7 ,the term control means having the ability1 directly or indirectly1 to determine 7without regard to whether exercised through #a or more corporate structures7 the manner in which an entity conducts mineral activities1 through any means1 including-- 7,a7 ownership interest2 7,b7 authority to commit the real or financial assets of the entity2 7,c7 position as a director1 officer1 or partner of the entity2 or 7,d7 contractual arrangement4 7#aj7 ,the term displaced material means any raw ore or waste dislodged from its location by human disturbance1 including from hardrock mineral activities4 7#aa7 ,the term exploration-- 7,a7 means creating surface disturbance1 other than casual use1 to evaluate the type1 extent1 quantity1 or quality of minerals present2 7,b7 includes mineral activities associated with sampling1 drilling1 and analyzing hardrock mineral values2 and 7,c7 does not include extraction of mineral material for commercial use or sale4 7#ab7 ,the term ,federal land-- 7,a7 means any land1 and any interest in land1 that is owned by the ,united ,states2 and 7,b7 does not include-- 7i7 lands in the ,national ,park ,system2 7ii7 ,indian lands2 or 7iii7 lands on the ,outer ,continental ,shelf4 7#ac7 ,the term hardrock mineral-- 7,a7 means any mineral that was subject to location under the general mining laws as of the effective date of this ,act1 and that is not subject to disposition under-- 7i7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7ii7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 7iii7 the ,act of ,july #ca1 #aidg1 commonly known as the ,materials ,act of #aidg 7#cj ,u4,s4,c4 #fja et seq472 or 7iv7 the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq472 and 7,b7 does not include any mineral that is subject to a restriction against alienation imposed by the ,united ,states and is-- 7i7 held in trust by the ,united ,states for any ,indian or ,indian ,tribe1 as defined in section #b of the ,indian ,mineral ,development ,act of #aihb 7#be ,u4,s4,c4 #baja72 or 7ii7 owned by any ,indian or ,indian ,tribe1 as defined in that section4 7#ad7 ,the term ,indian lands means-- 7,a7 lands held in trust for the benefit of an ,indian ,tribe or ,indian2 7,b7 lands held by an ,indian ,tribe or ,indian subject to a restriction by the ,united ,states against alienation2 or 7,c7 lands held by an ,alaska ,native village1 village corporation1 or regional corporation1 as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7#ae7 ,the term ,indian ,tribe means any ,indian ,tribe1 band1 nation1 pueblo1 or other organized group or community1 including any ,alaska ,native village1 village corporation1 or regional corporation1 as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#af7 ,the term mining claim means any mining claim made pursuant to-- 7,a7 this ,act2 or 7,b7 the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bb et seq47 before the effective date of this ,act4 7#ag7 ,the term mineral activities means any activity carried out on a mining claim1 millsite1 or tunnel site1 authorized by a lease1 license1 or permit issued under this ,act1 for1 related to1 or incidental to1 mineral exploration1 mining1 beneficiation1 processing1 or reclamation activities for any hardrock mineral4 7#ah7 ,the term ,national ,conservation ,system unit means any unit of the ,national ,park ,system1 ,national ,wildlife ,refuge ,system1 ,national ,wild and ,scenic ,rivers ,system1 ,national ,wilderness ,preservation ,system1 ,national ,landscape ,conservation ,system1 or ,national ,trails ,system1 or a ,national ,conservation ,area1 a ,national ,recreation ,area1 a ,wilderness ,study ,area1 a ,national ,monument1 or any unit of the ,national ,wilderness ,preservation ,system or lands within the ,national ,forest ,system1 including the following3 7,a7 ,national ,volcanic ,monuments4 7,b7 ,recreation ,areas1 ,scenic ,recreation ,areas1 and ,winter ,recreation ,areas4 7,c7 ,scenic ,areas1 ,scenic-,research ,areas1 ,scenic ,highways1 and ,national ,scenic and ,wildlife ,areas4 7,d7 ,national ,game and ,wildlife ,preserves4 7,e7 ,special ,management1 ,wildlife1 ,conservation1 and ,protection ,areas1 including botanical1 hydrological 7watershed71 geological1 historical1 paleontological1 and zoological areas4 7,f7 ,experimental ,forests1 ,ranges1 and ,watersheds4 7,g7 ,research ,sites and ,research ,natural ,areas4 7,h7 ,inventoried ,roadless ,area1 ,colorado ,roadless ,area1 and ,idaho ,roadless ,area4 7,i7 ,recommended ,wilderness and ,primitive ,areas4 7#ai7 ,the term operator means-- 7,a7 any person proposing or authorized by a permit issued under this ,act to conduct mineral activities2 and 7,b7 any agent of such person4 7#bj7 ,the term person means an individual1 ,indian ,tribe1 partnership1 association1 society1 joint venture1 joint stock company1 firm1 company1 corporation1 cooperative1 or other organization and any instrumentality of ,state or local government1 including any publicly owned utility or publicly owned corporation of ,state or local government4 7#ba7 ,the term processing means processes downstream of beneficiation employed to prepare hardrock mineral ore into a final marketable product1 including smelting and electrolytic refining4 7#bb7 ,the term raw ore means ore in its unprocessed form1 containing profitable amounts of a hardrock mineral4 7#bc7 ,the term reclamation means taking measures following the disturbance of ,federal land by mineral activities to meet applicable performance standards and achieve conditions required by the ,secretary concerned at the conclusion of such mineral activities1 including1 where applicable-- 7,a7 isolation1 control1 or removal of acid-forming1 toxic1 or deleterious substances2 7,b7 regrading and reshaping to conform with adjacent landforms1 facilitate revegetation1 control drainage1 and minimize erosion2 7,c7 rehabilitation of fisheries or wildlife habitat2 7,d7 placement of growth medium and establishment of self-sustaining revegetation2 7,e7 removal or stabilization of buildings1 structures1 or other support facilities2 7,f7 plugging of drill holes and closure of underground workings2 and 7,g7 providing for post-mining monitoring1 maintenance1 or treatment4 7#bd7 ,the term sacred site means any specific delineated location on ,federal land that is identified by an ,indian ,tribe-- 7,a7 as sacred by virtue of its established religious significance to1 or ceremonial use by1 an ,indian religion2 or 7,b7 to be of established cultural significance4 7#be7 ,the term ,secretary means the ,secretary of the ,interior1 unless otherwise specified4 7#bf7 ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service7 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior 7acting through the ,director of the ,bureau of ,land ,management7 with respect to other ,federal land4 7#bg7 7,a7 ,the term small miner means a person 7including all related parties thereto7 that-- 7i7 holds not more than #aj mining claims1 millsites1 or tunnel sites1 or any combination thereof1 on ,federal land2 7ii7 is a claim holder or operator with respect to not more than #bjj acres of ,federal land2 7iii7 certifies to the ,secretary in writing that the person had annual gross income in the preceding calendar year from mineral production in an amount less than #ej1jjj2 and 7iv7 has performed assessment work required under the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bb et seq47 to maintain any mining claims held by the person and all related parties thereto for the assessment year ending on noon of ,september #a of the calendar year in which payment of the claim maintenance fee was due4 7,b7 ,for purposes of subparagraph 7,a71 with respect to any person1 the term all related parties means-- 7i7 the spouse or qualifying child 7as such term is defined in section #aeb of the ,internal ,revenue ,code of #aihf7 of such person2 or 7ii7 an affiliate of the person concerned4 7,c7 ,for purposes of subparagraph 7,a77iii71 the dollar amount shall be applied1 for a person1 to the aggregate of all annual gross income from mineral production under all mining claims held by or assigned to such person and all related parties with respect to such person1 including mining claims located or for which a patent was issued before the effective date of this ,act4 7#bh7 ,the term temporary cessation means a halt in mineral activities for a continuous period that does not exceed #e years4 7#bi7 ,the term ton means #b1jjj pounds avoirdupois 74#ijgah metric ton74 7#cj7 ,the term unnecessary or undue degradation means irreparable harm to significant scientific1 cultural1 or environmental resources on ,federal land4 7#ca7 ,the term valuable mineral deposit means a deposit of hardrock minerals that is of sufficient value for a prudent operator to extract1 remove1 and market at a profit4 7#cb7 ,the term waste means rock that must be fractured and removed in order to gain access to raw ore4 7b7 ,references to other laws 7#a7 ,general mining laws ,any reference in this ,act to the term general mining laws is a reference to those ,acts that generally comprise chapters #b1 #ab;,a1 and #af1 and sections #afa and #afb1 of title #cj1 ,united ,states ,code4 7#b7 ,act of ,july #bc1 #aiee ,any reference in this ,act to the ,act of ,july #bc1 #aiee1 is a reference to the ,act entitled ,an ,act to amend the ,act of ,july #ca1 #aidg 7#fa ,stat4 #fha7 and the mining laws to provide for multiple use of the surface of the same tracts of the public lands1 and for other purposes 7#cj ,u4,s4,c4 #fja et seq474 #c4 ,application rules 7a7 ,application to existing claims ,this ,act shall apply to any mining claim1 millsite1 or tunnel site located under the general mining laws before or on the effective date of this ,act4 7b7 ,application to benefaction or processing activities ,this ,act shall apply in the same manner and to the same extent to mining claims1 millsites1 tunnel sites1 and any land included in a lease1 license1 or permit issued under this ,act used for beneficiation or processing activities for any hardrock mineral4 ,i ,mineral ,leasing1 ,exploration1 and ,development #aja4 ,closure to entry and location 7a7 ,closure ,except as otherwise provided in this section1 as of the effective date of this ,act1 all ,federal land is closed to entry and location under the general mining laws1 and no new rights under the general mining laws may be acquired4 7b7 ,existing claims without plan of operations 7#a7 ,claims without plan of operations ,any claim under the general mining laws existing on the effective date of this ,act for which a plan of operations is not approved1 or a notice of operations is not filed1 before such date shall be subject to the requirements of this ,act1 and may remain in effect until not later than the end of the #aj-year period beginning on such date if the claim holder remains in compliance with section #aji1 unless the claim holder-- 7,a7 relinquishes the claim2 or 7,b7 demonstrates eligibility for a lease and requests conversion under the regulations issued under subsection 7d74 7#b7 ,shortening of period ,the #aj-year period referred to in paragraph 7#a7 shall be shortened to #c years if-- 7,a7 the claim is for an area that is located in an area withdrawn or temporarily segregated from location under the general mining laws as of the effective date of this ,act2 or 7,b7 the claim belongs to a small miner4 7#c7 ,conversion ,the ,secretary concerned may convert a claim described in paragraph 7#a7 to a noncompetitive mining lease pursuant to the regulations issued under subsection 7d7 if such ,secretary determines that the claim holder has shown the presence of a valuable mineral deposit on the land subject to such claim4 7#d7 ,claims not converted ,any claims described in paragraph 7#a7 not converted to noncompetitive leases under paragraph 7#c7 at the end of the applicable period under paragraph 7#a7 or 7#b7 shall be void4 7c7 ,existing claims with plan of operations 7#a7 ,in general ,in the case of any claim under the general mining laws for which a plan of operations has been approved but for which operations have not commenced before the on the effective date of this ,act-- 7,a7 during the #aj-year period beginning on the effective date of this ,act-- 7i7 mineral activities on lands subject to such claim shall be subject to such plan of operations2 and 7ii7 the ,secretary shall allow the operator to make changes to such plan subject to applicable law as in effect on the day before the effective date of this ,act if the ,secretary determines that the requested changes are minor2 and 7,b7 the operator shall bring such mineral activities into compliance with this ,act by the end of such #aj-year period4 7#b7 ,activities pending decision on modification to plan of operations ,if an application for modification of a plan of operations referred to in paragraph 7#a77;,a77ii7 has been timely submitted by the claim holder and an approved plan of operations expires before the ,secretary concerned takes action on such application1 mineral activities and reclamation may continue in accordance with the terms of the expired plan of operations until the ,secretary concerned makes an administrative decision on the application4 7#c7 ,conversion requirement 7,a7 ,in general ,a claim described in paragraph 7#a7 may remain in effect for a period of not more than #aj years4 7,b7 ,fee ,a claim described in paragraph 7#a7 that is not converted to a noncompetitive lease pursuant to the regulations issued under subsection 7d7 before the end of such period shall1 beginning on the first date after the end of such period1 be subject to a fee of #ajj per acre per day until such claim is converted to a noncompetitive lease4 7d7 ,conversion regulations 7#a7 ,in general ,not later than #a year after the effective date of this ,act1 the ,secretary shall issue regulations regarding the conversion of existing mining claims to noncompetitive mining leases4 7#b7 ,content ,such regulations shall-- 7,a7 prohibit the conversion of a mining claim to a mining lease by a claim holder who is in violation of this ,act or other ,state or ,federal environmental1 health1 or worker safety laws2 7,b7 allow the ,secretary to exercise discretion to include nonmineral lands within the boundaries of any millsite associated with the mining claim to be converted to a noncompetitive lease2 7,c7 prohibit the area in any noncompetitive mining lease issued under this section from exceeding the maximum area authorized by this ,act to be leased to any person2 7,d7 require the consent of the surface managing agency for conversion of a mining claim to a noncompetitive mining lease2 7,e7 require the financial terms of the converted noncompetitive mining lease to be the same as those provided in this ,act for other hardrock mining leases2 and 7,f7 include any other terms the ,secretary considers appropriate4 7e7 ,national ,environmental ,policy ,act ,the ,secretary is not required to conduct an environmental analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to issue a noncompetitive mining lease under this section1 unless such noncompetitive mining lease modifies or extends the surface disturbance already authorized under a mine plan of operations covering the mining claim that is converted4 #ajb4 ,limitation on patents 7a7 ,mining claims 7#a7 ,determinations required ,after the effective date of this ,act1 no patent shall be issued by the ,united ,states for any mining claim located under the general mining laws unless the ,secretary determines that1 for such mining claim-- 7,a7 a patent application was filed with the ,secretary on or before ,september #cj1 #aiid2 and 7,b7 all requirements established under sections #bcbe and #bcbf of the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bi and #cj71 in the case of a vein or lode claim1 or sections #bcbi1 #bccj1 #bcca1 and #bccc of that ,act 7#cj ,u4,s4,c4 #ce1 #cf1 and #cg71 in the case of a placer claim1 were fully complied with by that date4 7#b7 ,right to patent ,if the ,secretary makes the determinations required under paragraph 7#a7 for any mining claim1 the claim holder shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to before the effective date of this ,act1 unless such determinations are withdrawn or invalidated by the ,secretary or by a court of the ,united ,states4 7b7 ,millsites 7#a7 ,determinations required ,after the effective date of this ,act1 no patent shall be issued by the ,united ,states for any millsite located under the general mining laws unless the ,secretary determines that1 for such millsite-- 7,a7 a patent application was filed with the ,secretary on or before ,september #cj1 #aiid2 and 7,b7 all requirements applicable to such patent application were fully complied with before that date4 7#b7 ,right to patent ,if the ,secretary makes the determinations required under paragraph 7#a7 for any millsite1 the claim holder shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to before the effective date of this ,act1 unless such determinations are withdrawn or invalidated by the ,secretary or by a court of the ,united ,states4 #ajc4 ,prospecting licenses and hardrock leases 7a7 ,in general ,no person may conduct mineral prospecting for commercial purposes for any hardrock mineral on ,federal land without a prospecting license or a small miner's lease4 7b7 ,prospecting licenses 7#a7 ,in general ,the ,secretary may1 under such regulations as the ,secretary may issue and with the concurrence of the relevant surface management agency1 grant an applicant a prospecting license that shall give the exclusive right to prospect for specified hardrock minerals on ,federal land for a period not longer than #b years4 7#b7 ,maximum area ,the area subject to a prospecting license granted under paragraph 7#a7 shall not exceed #b1efj acres of land1 in reasonably compact form4 7#c7 ,prospecting license application fee ,the ,secretary shall charge a fee for each prospecting license application to cover the costs of reviewing such application4 7#d7 ,annual rental ,each prospecting license granted under paragraph 7#a7 shall be subject to annual rentals equal to #aj per acre per year4 7#e7 ,terms and conditions ,a prospecting license shall conform with the terms and conditions of a comprehensive land use plan approved under-- 7,a7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7,b7 the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq474 7#f7 ,areas without approved comprehensive land use plan ,for land covered by a prospecting license for which a comprehensive land use plan treating hardrock mining as a multiple-use activity has not been completed1 the ,secretary concerned shall ensure that such land is suitable for mineral activities4 7#g7 ,extension ,the ,secretary may extend a prospecting license granted under this subsection for not more than additional #d years upon a showing by the licensee that-- 7,a7 the licensee explored with reasonable diligence and was unable to determine the existence and workability of a valuable mineral deposit covered by the license2 or 7,b7 if the licensee failed to perform diligent prospecting activities1 such failure was due to conditions beyond the control of the licensee4 7c7 ,noncompetitive leases 7#a7 ,in general ,upon a showing to the satisfaction of the ,secretary by a prospecting licensee under subsection 7a7 that a valuable mineral deposit has been discovered by the licensee within an area covered by the prospecting license and with the consent of the surface agency1 the licensee shall be entitled to a lease for any or all of the land included in the prospecting license1 as well as any nonmineral lands necessary for processing or milling operations1 at a royalty of not less than #ab4e percent of the gross value of production of hardrock minerals or mineral concentrates or products derived from hardrock minerals under the lease4 7#b7 ,rentals 7,a7 ,in general ,rentals for a lease under this section shall be set by the ,secretary at not less than #aj per acre per year1 with rentals paid in any #a year credited against royalties accruing for that year4 7,b7 ,operations permit ,a lessee under this section is not entitled to an operations permit4 7#c7 ,lease period 7,a7 ,in general ,a lease under this subsection shall be for a period of #bj years1 with the right to renew for successive periods of #aj years if hardrock minerals are being produced in commercial quantities under the lease4 7,b7 ,extension during nonproduction ,the ,secretary may issue not more than #a #aj-year extension of a lease under this subsection if hardrock minerals are not being produced in commercial quantities at the end of the primary1 or any subsequent1 term of such lease and-- 7i7 it is in the interest of conservation or reclamation maintenance2 7ii7 the lessee shows that the lease cannot be successfully operated at a profit2 or 7iii7 the ,secretary determines that issuing such extension is appropriate4 7,c7 ,definition of commercial quantities ,in this paragraph1 the term commercial quantities means any economic amount sold1 bartered1 or traded for profit4 7d7 ,cumulative acreage limitation ,no person may take1 hold1 own1 or control at #a time1 whether acquired directly from the ,secretary under this ,act or otherwise1 hardrock mining leases or licenses for an aggregate of more than #bj1dhj acres in any #a ,state4 7e7 ,reduction of royalty rate 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary-- 7,a7 may reduce the royalty rate for a lease under this section upon a showing by clear and convincing evidence by the operator that production would not occur without the reduction in royalty rate2 and 7,b7 may reduce the royalty and rental rates for a lease under this section to encourage exploration for and development of critical minerals 7as such term is defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#b7 ,limitation ,the ,secretary may not reduce the royalty rate for a lease pursuant to paragraph 7#a7 to less than #f4be percent4 7f7 ,protection of land and other resources ,the ,secretary1 in consultation with any applicable surface management agency1 may include in any lease or license issued under this ,act such provisions as are necessary to adequately protect land and other resources in the vicinity of the area subject to the lease or license4 #ajd4 ,competitive leasing 7a7 ,in general ,subject to sections #aaa and #aab1 ,federal land known to contain valuable mineral deposits that is not covered by claims1 licenses1 or leases issued under this ,act may only be open to hardrock mineral exploration or development through competitive leasing by the ,secretary through such methods the ,secretary may adopt by regulation and in such areas as the ,secretary may determine1 including nonmineral lands the ,secretary considers necessary for processing or milling operations4 7b7 ,limitation ,the total area of land subject to a competitive lease under this section shall not exceed #b1efj acres4 7c7 ,terms and requirements ,all terms and requirements for competitive leases under this section shall be the same as if the leases were issued noncompetitively under section #ajc7;c74 #aje4 ,small miner's lease 7a7 ,in general ,the ,secretary may issue a small miner's lease to a qualified small miner that applies1 under such regulations as the ,secretary may issue1 including conditions to require diligent development of such lease and to ensure protection of surface resources and ground water4 7b7 ,exclusive right ,a small miner's lease shall give the lessee the exclusive right to prospect for hardrock minerals for #c years on not more than #bjj acres of contiguous or noncontiguous ,federal land4 7c7 ,application fee ,the ,secretary shall charge a reasonable application fee for a small miner's lease under this subsection 7a74 7d7 ,rentals ,annual rentals for a small miner's lease issued under this section shall be #e per acre per year for the first #c years4 7e7 ,renewal ,a small miner's leases issued under this section may be renewed for any number of additional #c-year periods4 ,the rental for such a renewed lease shall be #aj per acre per year rental charged4 7f7 ,challenge 7#a7 ,in general ,any individual may file a challenge with the ,secretary that a lessee is in violation of the diligence terms of a small miner's lease or does not qualify as a small miner4 7#b7 ,renewal when subject to challenge ,a small miner's lease that is subject to a challenge under paragraph 7#a7 may not be renewed unless the ,secretary has determined that the lessee is a small miner and is in compliance with all the terms of the small miner's lease4 7g7 ,no royalties ,the ,secretary shall not charge royalties for commercial production under a small miner's lease4 7h7 ,conversion of existing claims ,a claim existing on the effective date of this ,act that belongs to an individual that qualifies as a small miner may be converted to a small miner's lease under the same terms and conditions that apply to a small miner's lease under this section1 except that such lease-- 7#a7 shall not be subject to rental during the primary term of the lease2 7#b7 shall be subject to a rental of #e per acre per year for the first #c-year renewal of the lease2 and 7#c7 shall be subject to a rental of #aj per acre per year for any subsequent #c-year renewal of the lease4 7i7 ,limitations ,a small miner's lease-- 7#a7 may only be held by the primary lease holder1 a spouse thereof1 or a direct descendent thereof2 7#b7 may not be sold or transferred1 other than to a spouse or direct descendent of the primary lease holder2 and 7#c7 is subject to all permitting requirements under this ,act4 7j7 ,conversion to hardrock mineral lease 7#a7 ,in general ,if1 with regard to a small miner's lease1 the lessee does not qualify as a small miner at the time such lessee applies for a renewal of such lease1 such lessee shall not be eligible to renew such lease1 but shall be eligible for a noncompetitive hardrock mineral lease issued under section #ajc7;c74 7#b7 ,royalties ,notwithstanding section #ajc7;c77#a71 royalties under a small miner's lease converted to a hardrock mineral lease under this subsection shall only be due on the gross income that exceeds #ej1jjj annually or the amount of gross income specified by the ,secretary as of the time such noncompetitive lease is issued4 #ajf4 ,land containing nonhardrock minerals2 other uses 7a7 ,in general ,in issuing licenses and leases under this ,act for land that contains deposits of coal or other nonhardrock minerals1 the ,secretary shall reserve to the ,united ,states such nonhardrock minerals for disposal under applicable laws4 7b7 ,other uses of licensed and leased lands 7#a7 ,in general ,the ,secretary shall issue regulations to allow for other uses of the land covered by a prospecting license under this ,act1 including leases for other minerals1 if such other uses would not unreasonably interfere with operations under the prospecting license4 7#b7 ,terms and conditions ,the ,secretary shall include in each prospecting license issued under section #ajc7;b7 such terms and conditions as the ,secretary determines necessary to avoid unreasonable interference with other uses occurring on1 or other leases of1 the licensed land4 7#c7 ,leases ,the ,secretary shall include in leases issued under this ,act stipulations to allow for simultaneous operations under other leases for the same land4 #ajg4 ,royalty 7a7 ,existing production 7#a7 ,in general ,production of hardrock minerals1 mineral concentrates1 or products derived from hardrock minerals on ,federal land under an operations permit from which valuable hardrock minerals were produced in commercial quantities before the effective date of this ,act1 other than production under a small miner's lease1 shall be subject to a royalty established by the ,secretary of not less than #h percent of the gross value of such production4 7#b7 ,additional ,federal land ,production of hardrock minerals1 mineral concentrates1 or products derived from hardrock minerals on ,federal land added through a plan modification to an operations permit that is submitted after the effective date of this ,act shall be subject to a royalty established by the ,secretary for such lease of not less than #ab4e percent of the gross value such production4 7b7 ,liability ,the claim holder or lessee1 or any operator to whom the claim holder or lessee has assigned the obligation to make royalty payments under the claim or lease and any person who controls such claim or lease holder or operator1 shall be liable for payment of such royalties4 7c7 ,disposition ,of the revenues collected under this title1 including rents1 royalties1 claim maintenance fees1 interest charges1 fines1 and penalties-- 7#a7 #be percent shall be paid to the ,state within the boundaries of which the leased1 licensed1 or claimed lands1 or operations subject to such interest charges1 fines1 or penalties are or were located2 and 7#b7 the remainder shall be made available to carry out1 to remain available until expended without fiscal year limitation1 the ,abandoned ,hardrock ,mine ,reclamation ,program4 7d7 ,duties of claim holders1 lessees1 operators1 and transporters 7#a7 ,regulation ,the ,secretary shall issue regulations regarding the time and manner in which a person who is required to make a royalty payment under this section shall-- 7,a7 make such payment2 and 7,b7 notify the ,secretary of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim or lease under this title4 7#b7 ,written instrument ,any person paying royalties under this section shall file a written instrument1 together with the first royalty payment1 affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility4 7#c7 ,additional amounts ,such responsibility for the periods referred to in paragraph 7#b7 shall include any and all additional amounts billed by the ,secretary and determined to be due by final agency or judicial action4 7#d7 ,joint and several liability ,any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for such royalty payments4 7#e7 ,obligations ,a person conducting mineral activities shall-- 7,a7 develop and comply with the site security provisions in the operations permit designed to protect from theft the hardrock minerals1 concentrates1 or products derived therefrom that are produced or stored on the area subject to a mining claim or lease1 and such provisions shall conform with such minimum standards as the ,secretary may issue by regulation1 taking into account the variety of circumstances on areas subject to mining claims and leases2 and 7,b7 not later than the fifth business day after production begins anywhere on an area subject to a mining claim or lease1 or production resumes after more than #ij days after production was suspended1 notify the ,secretary1 in the manner prescribed by the ,secretary1 of the date on which such production has begun or resumed4 7#f7 ,required documentation ,the ,secretary may by regulation require any person engaged in transporting a hardrock mineral1 concentrate1 or product derived therefrom to carry on his or her person1 in his or her vehicle1 or in his or her immediate control1 documentation showing1 at a minimum1 the amount1 origin1 and intended destination of the hardrock mineral1 concentrate1 or product derived therefrom in such circumstances as the ,secretary determines appropriate4 7e7 ,recordkeeping and reporting requirements 7#a7 ,in general 7,a7 ,requirement ,a claim holder or lessee1 operator1 or other person directly involved in developing1 producing1 processing1 transporting1 purchasing1 or selling hardrock minerals1 concentrates1 or products derived therefrom1 subject to this ,act1 through the point of royalty computation shall establish and maintain any records1 make any reports1 and provide any information that the ,secretary may reasonably require for the purposes of implementing this section or determining compliance with regulations or orders under this section4 7,b7 ,inclusions 7i7 ,records ,records described in subparagraph 7,a7 shall include periodic reports1 records1 documents1 and other data4 7ii7 ,reports ,reports described in subparagraph 7,a7 may include pertinent technical and financial data relating to the quantity1 quality1 composition volume1 weight1 and assay of all minerals extracted from the mining claim or lease4 7#b7 ,availability for inspection ,upon the request of any officer or employee duly designated by the ,secretary to conduct an audit or investigation pursuant to this section1 the appropriate records1 reports1 or information that may be required by this section shall be made available for inspection and duplication by such officer or employee4 7#c7 ,forfeiture ,failure by a claim holder or lessee1 operator1 or other person referred to in paragraph 7#a77;,a7 to cooperate with an audit or investigation under paragraph 7#b71 provide data required by the ,secretary1 or grant access to information may1 at the discretion of the ,secretary1 result in involuntary forfeiture of the claim or lease4 7#d7 ,maintenance of records 7,a7 ,in general ,records required by the ,secretary under this section shall be maintained for #g years after release of financial assurance under section #cjf unless the ,secretary notifies the operator that the ,secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period4 7,b7 ,audit or investigation ,in any case when an audit or investigation is underway1 records shall be maintained until the ,secretary releases the operator of the obligation to maintain such records4 7f7 ,audits 7#a7 ,in general ,the ,secretary is authorized to conduct such audits of all claim holders or lessees1 operators1 transporters1 purchasers1 processors1 or other persons directly or indirectly involved in the production or sale of minerals covered by this ,act1 as the ,secretary determines necessary for the purposes of ensuring compliance with the requirements of this section4 7#b7 ,availability of information ,for purposes of performing such audits1 the ,secretary shall1 at reasonable times and upon request1 have access to1 and may copy1 all books1 papers1 and other documents that relate to compliance with any provision of this section by any person4 7g7 ,cooperative agreements 7#a7 ,in general ,the ,secretary is authorized to enter into cooperative agreements with the ,secretary of ,agriculture to share information concerning the royalty management of hardrock minerals1 concentrates1 or products derived therefrom to carry out inspection1 auditing1 investigation1 or enforcement 7not including the collection of royalties1 civil or criminal penalties1 or other payments7 activities under this section1 and to carry out any other activity described in this section4 7#b7 ,secretary of ,agriculture ,except as provided in paragraph 7#c71 and pursuant to a cooperative agreement entered into under paragraph 7#a71 the ,secretary of ,agriculture shall1 upon request1 have access to all royalty accounting information in the possession of the ,secretary with respect to the production1 removal1 or sale of hardrock minerals1 concentrates1 or products derived therefrom from claims or leases on land open to mineral exploration and production under this ,act4 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 ,code1 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 of information ,the ,secretary1 the ,secretary of ,agriculture1 and other ,federal officials shall ensure that the information described in subparagraph 7,a7 is provided protection in accordance with the requirements of that section4 7h7 ,interest and substantial underreporting assessments 7#a7 ,payments not received 7,a7 ,in general ,in the case of mining claims or leases where royalty payments are not received by the ,secretary on the date that such payments are due1 the ,secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section #ffba7;a77#b7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,computation ,in the case of an underpayment1 interest shall be computed and charged only on the amount of the deficiency and not on the total amount4 7#b7 ,underreporting ,if there is any underreporting of royalty owed on production from a claim or lease for any production month by any person liable for royalty payments under this section1 the ,secretary shall assess a penalty of not more than #be percent of the amount of the underreporting4 7#c7 ,self-reporting ,the ,secretary may waive or reduce the assessment under paragraph 7#b7 if the person liable for royalty payments under this section corrects the underreporting before the later of-- 7,a7 the date such person receives notice from the ,secretary that an underreporting may have occurred2 and 7,b7 the date that is #ij days after the effective date of this ,act4 7#d7 ,waiver ,the ,secretary shall waive any portion of an assessment under paragraph 7#b7 attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that such person-- 7,a7 had written authorization from the ,secretary to report royalty on the value of the production on the basis on which it was reported2 7,b7 had substantial authority for reporting royalty on the value of the production on the basis on which it was reported2 7,c7 previously had notified the ,secretary1 in such manner as the ,secretary may by regulation issue1 of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting2 or 7,d7 meets any other exception which the ,secretary may1 by regulation1 establish4 7#e7 ,abandoned hardrock mine reclamation program ,all penalties collected under this subsection shall be shall be made available to carry out1 to remain available until expended without fiscal year limitation1 the ,abandoned ,hardrock ,mine ,reclamation ,program4 7#f7 ,underreporting defined ,in this subsection1 the term underreporting means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported1 if the value that should have been reported is greater than the value that was reported4 7i7 ,expanded royalty obligations ,each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all hardrock minerals1 concentrates1 or products derived therefrom that are lost or wasted from a mining claim or lease if such loss or waste is due to negligence on the part of any person or due to the failure to comply with this section4 7j7 ,failure ,to comply with royalty requirements ,any person who fails to comply with the requirements of this section shall be liable for a civil penalty under section #aji of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agai7 to the same extent as if the claim or lease maintained in compliance with this ,act were a lease under such ,act4 7k7 ,gross income from mining defined ,in this section1 for any hardrock mineral1 the term gross income from mining has the meaning given the term gross income in section #fac7;c7 of the ,internal ,revenue ,code of #aihf4 7l7 ,effective date ,royalties under this ,act shall take effect with respect to the production of hardrock minerals after the effective date of this ,act1 but any royalty payments attributable to production during the first #ab calendar months after the effective date of this ,act shall be payable at the expiration of such #ab-month period4 #ajh4 ,existing production 7a7 ,in general ,the claim holder of a mining claim located or converted under this ,act for which mineral activities have commenced under an approved plan of operations as of the effective date of this ,act shall have the exclusive right of possession and use of the land subject to such mining claim for mineral activities1 including the right of ingress and egress to such land for mineral activities1 subject to the rights of the ,united ,states under this ,act and other applicable ,federal law4 7b7 ,termination ,the rights of the claim holder under subsection 7a7 shall terminate upon completion of mineral activities on such land to the satisfaction of the ,secretary4 #aji4 ,hardrock mining claim maintenance fee 7a7 ,fee 7#a7 ,in general 7,a7 ,required fees 7i7 ,in general ,except as provided in section #beaa7;e77#b7 of the ,energy ,policy ,act of #aiib 7#cj ,u4,s4,c4 #bdb7;e77#b77 and as otherwise provided in this ,act1 for each unpatented mining claim1 millsite1 or tunnel site on ,federal land1 whether located before or on the effective date of this ,act1 each such claimant shall pay to the ,secretary1 on or before ,september #a of each year1 a claim maintenance fee of #bjj per claim to hold such unpatented mining claim1 millsite1 or tunnel site for the assessment year beginning at noon the following day4 7ii7 ,fee in place of assessment work ,a claim maintenance fee paid under clause 7i7 shall be in lieu of the assessment work requirement in the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 and the related filing requirements in sections #cad7;a7 and 7c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;a7 and 7c774 7,b7 ,fee adjustments ,any adjustment to a fee under this subsection made under section #ejb shall begin to apply in the first assessment year which begins after the adjustment is made4 7,c7 ,exception for small miners ,subparagraph 7,a7 and the assessment work requirement in the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 shall not apply with respect to a small miner's lease4 7#b7 ,reclamation program ,moneys received under this subsection that are not otherwise allocated for the administration of this ,act by the ,secretary shall be made available to carry out1 to remain available until expended without fiscal year limitation1 the ,abandoned ,hardrock ,mine ,reclamation ,program4 7b7 ,co-,ownership ,the co-ownership provisions of the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 shall remain in effect except that the annual claim maintenance fee under subsection 7a71 where applicable1 shall replace applicable assessment requirements and expenditures under that ,act4 7c7 ,failure ,to pay ,failure to pay the claim maintenance fee under subsection 7a7 in a timely manner shall conclusively constitute a forfeiture of the unpatented mining claim1 millsite1 or tunnel site by the claimant and the claim1 millsite1 or tunnel site shall be deemed null and void by operation of law4 7d7 ,other requirements 7#a7 ,required filings ,nothing in this section shall change or modify the requirements of section #cad7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;b77 or the requirements of section #cad7;c7 of that ,act 7#dc ,u4,s4,c4 #agdd7;c77 related to filings required by section #cad7;b7 of that ,act 7#dc ,u4,s4,c4 #agdd7;b771 which remain in effect4 7#b7 ,mining ,law of #ahgb ,section #bcbd of the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh7 is amended by inserting or section #ajc7;a7 of the ,mining ,waste1 ,fraud1 and ,abuse ,prevention ,act of #bjbe after ,act of #aiic4 #aaj4 ,effect of payments for use and occupancy of claims ,except as otherwise provided in section #aja1 timely payment of the claim maintenance fee required by section #aji or any related law relating to the use of ,federal land1 asserts the authority of the claimant to use and occupy the ,federal land concerned for prospecting and exploration1 consistent with the requirements of this ,act and other applicable law4 #aaa4 ,protection of special places 7a7 ,protection of ,national ,park ,system units and national monuments ,no agency may authorize any mineral activity that would impair the land or resources of a unit of the ,national ,park ,system or a national monument1 including-- 7#a7 any diminution of the affected land1 including wildlife1 scenic assets1 water resources1 air quality1 and acoustic qualities2 or 7#b7 other changes that would impair a the experience of a citizen at the ,national ,park ,system unit or a national monument4 7b7 ,protection of ,national ,conservation ,system units ,in order to protect the resources and values of ,national ,conservation ,system units1 the ,secretary1 as appropriate1 shall use authority under this ,act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established4 7c7 ,lands not open to mining ,notwithstanding any other provision of law and subject to valid existing rights1 no agency shall authorize mineral activities within any of the following areas3 7#a7 ,sacred sites4 7#b7 ,wilderness study areas4 7#c7 ,habitat designated as critical habitat under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7#d7 ,areas of critical environmental concern 7as such term is defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7#e7 ,units of the ,national ,conservation ,system4 7#f7 ,areas designated for inclusion in the ,national ,wild and ,scenic ,rivers ,system pursuant to the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq471 areas designated for potential addition to such system pursuant to section #e7;a7 of that ,act 7#af ,u4,s4,c4 #abgf7;a771 and areas determined to be eligible for inclusion in such system pursuant to section #e7;d7 of such ,act 7#af ,u4,s4,c4 #abgf7;d774 7#g7 ,inventoried ,roadless ,areas under the ,roadless ,area ,conservation ,rule1 part #bid of title #cf1 ,code of ,federal ,regulations1 ,colorado ,roadless ,areas1 or ,idaho ,roadless ,areas4 #aab4 ,suitability determination 7a7 ,in general ,in accordance with subsection 7b71 the ,secretary concerned shall make each determination of whether land is suitable for mineral activities that is required by this ,act4 7b7 ,suitability 7#a7 ,in general ,the ,secretary concerned shall consider land suitable for mineral activities if the ,secretary concerned finds that such mineral activities would not result in unnecessary or undue degradation to a special characteristic described in paragraph 7#b7 of such land that cannot be prevented by the imposition of conditions in the permit required for such activities under title ,,iii4 7#b7 ,special characteristics ,for purposes of paragraph 7#a71 the ,secretary concerned shall consider each of the following to be a special characteristic3 7,a7 ,the existence of a significant water resource or supply in or associated with such land1 including any aquifer or aquifer recharge area4 7,b7 ,the presence on such land1 or any adjacent land1 of a publicly owned place that is listed on1 or determined by the ,secretary to be eligible for listing on1 the ,national ,register of ,historic ,places4 7,c7 ,the designation of all or any portion of such land1 or any adjacent land1 as a ,national ,conservation ,system unit4 7,d7 ,the designation of all or any portion of such land1 or any adjacent land1 as critical habitat under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,e7 ,the designation of all or any portion of such land1 or any adjacent land1 as a class ,i area under section #afb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdgb74 7,f7 ,the presence of such other resource values as the ,secretary concerned may by regulation specify1 determined based upon field testing1 evaluation1 or credible information that verifies such values4 7,g7 ,the designation of such land1 or adjacent land1 as a ,research ,natural ,area4 7,h7 ,the presence on such land1 or any adjacent land1 of a sacred site4 7,i7 ,the presence or designation of such land adjacent to land not open to mining pursuant to section #aaa4 7#c7 ,public comment ,a determination under this subsection of suitability for mineral activities shall be made after publication of notice and an opportunity for submission of public comment for a period of not less than #fj days4 7#d7 ,inclusion in ,federal land use plan ,any determination made in accordance with this subsection with respect to land shall be incorporated into each ,federal land use plan applicable to such land1 at the time such ,federal land use plan is adopted1 revised1 or significantly amended pursuant to any ,federal law other than this ,act4 7c7 ,change request ,the ,secretary concerned shall1 by regulation1 provide an opportunity for any person to request a change in determination for any ,federal land found suitable under subsection 7a74 7d7 ,existing operations ,nothing in this section shall be construed to affect land on which mineral activities were being conducted on the effective date of this ,act under an approved plan of operations or under notice4 ,,ii ,consultation ,procedure #bja4 ,requirement for consultation ,agencies shall conduct meaningful timely consultation with ,indian ,tribes following the procedures of the ,president's ,memorandum of ,uniform ,standards for ,tribal ,consultation1 issued on ,november #cj1 #bjbb1 before undertaking any mineral activities that may have a direct1 indirect1 or cumulative impact on-- 7#a7 the land1 including allotted1 ceded1 or traditional land1 or interests in such land of an ,indian ,tribe or member of an ,indian ,tribe2 7#b7 ,tribal land1 cultural practices1 resources1 or access to traditional areas of cultural or religious importance2 7#c7 any part of any ,federal land that shares a border with ,indian country1 as such term is defined in section #aaea of title #ah1 ,united ,states ,code2 7#d7 the protected rights of an ,indian ,tribe1 whether or not such rights are enumerated in a treaty1 including water1 hunting1 gathering1 and fishing rights2 7#e7 the ability of an ,indian ,tribe to govern or provide services to members of the ,indian ,tribe2 7#f7 the relationship between the ,federal ,government and an ,indian ,tribe2 or 7#g7 the trust responsibility of the ,federal ,government to an ,indian ,tribe4 ,,iii ,environmental ,considerations of ,mineral ,exploration and ,development #cja4 ,general standard for hardrock mining on ,federal land ,notwithstanding section #cjb7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcb7;b771 the first section of the ,act of ,june #d1 #ahig 7#af ,u4,s4,c4 #dgh71 and the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq471 and in accordance with this title and applicable law1 unless expressly stated otherwise in this ,act1 the ,secretary shall ensure that mineral activities on any ,federal land that is subject to a mining claim1 millsite1 tunnel site1 or any authorization issued under title ,i of this ,act are carefully controlled to prevent unnecessary or undue degradation of ,federal land and resources4 #cjb4 ,permits 7a7 ,permits required ,no person may engage in mineral activities on ,federal land that may cause a disturbance of surface resources1 including land1 air1 ground water and surface water1 and fish and wildlife1 unless a permit is issued to such person under this title authorizing such activities4 7b7 ,casual use ,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 ,national ,environmental ,policy ,act 7#a7 ,in general ,the ,secretary and the ,secretary of ,agriculture shall conduct the permit processes under this ,act in accordance with the timing and other requirements under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7#b7 ,coordination ,to the extent practicable1 the ,secretary and the ,secretary of ,agriculture shall coordinate the permit process4 #cjc4 ,exploration permit 7a7 ,authorized exploration activity 7#a7 ,in general ,a person may apply for an exploration permit for any mining claim1 license1 or lease authorizing the applicant to remove a reasonable amount of the hardrock minerals1 as defined in the license or lease or established in such regulations as the ,secretary shall issue1 from the area that is subject to the mining claim1 license1 or lease1 respectively1 for analysis1 study1 and testing4 7#b7 ,limitation ,such permit shall not authorize the applicant to remove any mineral for sale nor to conduct any activities other than those required for exploration for hardrock minerals and reclamation4 7b7 ,permit application requirements ,to apply for an exploration permit under this section1 a person shall submit to the ,secretary concerned an application for such permit in a manner determined satisfactory by the ,secretary concerned1 which shall include-- 7#a7 an exploration plan2 7#b7 a reclamation plan for the proposed exploration2 and 7#c7 such documentation as is necessary to ensure compliance with applicable ,federal and ,state environmental laws and regulations4 7c7 ,reclamation plan requirements ,the reclamation plan required to be included in a permit application under subsection 7b7 shall include such provisions as may be jointly issued by the ,secretary and the ,secretary of ,agriculture by regulation1 including the following requirements3 7#a7 ,the applicant has demonstrated that proposed reclamation can be accomplished4 7#b7 ,the proposed exploration activities and condition of the land after the completion of exploration activities and final reclamation will conform with the land use plan applicable to the area subject to mineral activities4 7#c7 ,the area subject to the proposed exploration permit is not included within an area listed in section #aaa4 7#d7 ,the applicant has demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this ,act and all other applicable ,federal requirements1 and any ,state requirements agreed to by the ,secretary concerned4 7#e7 ,the applicant has demonstrated that the requirements of section #cjf will be met4 7#f7 ,the applicant is eligible to receive a permit under section #cje4 7d7 ,term of permit ,an exploration permit shall be for a stated term1 which shall be-- 7#a7 not greater than that necessary to accomplish the proposed exploration2 and 7#b7 in no case for more than #aj years4 7e7 ,permit modification 7#a7 ,in general ,an exploration permit holder may1 during the term of the exploration permit1 submit to the ,secretary concerned an application to modify such permit4 7#b7 ,approval of modification ,to approve a proposed modification to the permit1 the ,secretary concerned shall make the same determinations as are required in the case of an original permit1 except that the ,secretary and the ,secretary of ,agriculture may specify by joint regulation the extent to which requirements for initial exploration permits under this section shall apply to applications to modify an exploration permit based on whether the ,secretary concerned determines such modifications are significant or minor4 7f7 ,transfer1 assignment1 or sale of rights 7#a7 ,prior written approval ,no transfer1 assignment1 or sale of rights granted by an exploration permit issued under this section may be made without the prior written approval of the ,secretary concerned4 7#b7 ,approval ,the ,secretary concerned shall allow an exploration permit holder to transfer1 assign1 or sell rights under such permit to a successor1 if the ,secretary concerned finds in writing that the successor-- 7,a7 is eligible to receive a permit under section #cjd2 7,b7 has submitted evidence of financial assurance satisfactory under section #cjf2 and 7,c7 meets any other requirements specified by the ,secretary concerned4 7#c7 ,assumed liability ,the successor in interest shall assume the liability and reclamation responsibilities established by the existing exploration permit and shall conduct the mineral activities in full compliance with this ,act1 and the terms and conditions of the exploration permit as in effect at the time of transfer1 assignment1 or sale4 7#d7 ,fee ,each application for approval of an exploration permit transfer1 assignment1 or sale pursuant to this subsection shall be accompanied by a fee payable to the ,secretary concerned in such amount as may be established by the ,secretary concerned1 which shall be equal to the actual or anticipated cost to the ,secretary concerned of reviewing and approving or disapproving such transfer1 assignment1 or sale1 as determined by the ,secretary concerned4 #cjd4 ,operations permit 7a7 ,operations permit 7#a7 ,in general ,a person that is in compliance with this ,act may apply to the ,secretary concerned for an operations permit authorizing the person to carry out mineral activities on-- 7,a7 any valid mining claim1 millsite1 tunnel site1 or lease issued under this ,act2 and 7,b7 such additional ,federal land as the ,secretary concerned may determine is necessary to conduct the proposed mineral activities1 if the operator-- 7i7 obtains a right-of-way permit for use of such additional lands under title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq472 and 7ii7 agrees to pay all fees required under that title for such permit4 7#b7 ,terms and conditions ,the ,secretary concerned shall include in each permit issued under this section such terms and conditions as the ,secretary concerned determines necessary to carry out this title4 7b7 ,permit application requirements ,to apply for an operations permit under this section1 a person shall submit to the ,secretary concerned an application for such permit in a manner determined satisfactory by the ,secretary concerned1 which shall include site characterization data1 an operations plan1 a reclamation plan1 monitoring plans1 long-term maintenance plans1 to the extent necessary1 and such documentation as necessary to ensure compliance with applicable ,federal and ,state environmental laws and regulations4 ,if the proposed mineral activities will be carried out in conjunction with mineral activities on adjacent non-,federal land1 information on the location and nature of such operations may be required by the ,secretary4 7c7 ,permit issuance or denial 7#a7 ,in general ,after providing for public participation pursuant to subsection 7i71 the ,secretary concerned shall issue an operations permit if the ,secretary concerned makes each of the following determinations in writing1 and shall deny an operations permit if the ,secretary concerned finds that the application and applicant do not fully meet the following requirements3 7,a7 ,the permit application1 including the site characterization data1 operations plan1 and reclamation plan1 are complete1 accurate1 and sufficient to develop a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control of such mineral activities4 7,b7 ,the applicant has demonstrated that the proposed reclamation in the operations and reclamation plans can be and is likely to be accomplished by the applicant and will not cause unnecessary or undue degradation4 7,c7 ,the condition of the land subject to the operations permit1 including the fish and wildlife resources and habitat contained thereon1 will be fully reclaimed after the completion of mineral activities4 7,d7 ,the area subject to the proposed plan is not listed in section #aaa or otherwise ineligible for mineral activities4 7,e7 ,the proposed operation has been designed to prevent material damage to the hydrologic balance outside the land subject to the operations permit4 7,f7 ,the applicant will fully comply with the requirements of section #cjf before the initiation of operations4 7,g7 ,neither the applicant nor operator 7or any subsidiary or affiliate the applicant or operator7 is ineligible to receive a permit under section #cje4 7,h7 ,the reclamation plan demonstrates that #aj years after the end of mineral activities under the operations permit1 no treatment of surface or ground water for carcinogens or toxins will be required to meet water quality standards at the point of discharge4 7#b7 ,consultation with ,environmental ,protection ,agency ,with respect to any activities specified in the reclamation plan referred to in subsection 7b7 that constitute a removal or remedial action under section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja71 the ,secretary concerned shall consult with the ,administrator of the ,environmental ,protection ,agency before the issuance of an operations permit1 who shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the that ,act 7#db ,u4,s4,c4 #ifja et seq47 or corrective actions under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7d7 ,term of permit2 renewal 7#a7 ,in general ,an operations permit shall-- 7,a7 be for an initial term not longer than the shorter of-- 7i7 the period necessary to accomplish the proposed mineral activities subject to the permit2 and 7ii7 the length of time remaining on the hardrock mining lease of the applicant2 7,b7 be renewed for additional #aj-year periods if-- 7i7 the operation subject to the permit is in compliance with the requirements of this ,act and other applicable law2 and 7ii7 the hardrock mining lease of the applicant has been renewed for that #aj-year period2 and 7,c7 expire #e years after the commencement of a temporary cessation unless1 before the expiration of the #e years1 the operator has filed with the ,secretary concerned a request for approval to resume operations4 7#b7 ,failure to commence mineral activities ,failure by the operator to commence mineral activities not later than #b years after the date scheduled in an operations permit shall require a modification of the permit if the ,secretary concerned determines that modifications are necessary to comply with section #aaa4 7e7 ,permit modification 7#a7 ,application ,an operator may1 during the term of the operations permit1 submit to the ,secretary concerned an application to modify such permit or the operations plan or reclamation plan associated with such permit4 7#b7 ,modification by ,secretary concerned 7,a7 ,in general ,at any time1 the ,secretary concerned may require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this ,act cannot be met if the plan is followed as approved1 which shall be based on a written finding and subject to public notice and hearing requirements established by the ,secretary concerned4 7,b7 ,waiver of public notice and hearing ,the ,secretary concerned may waive the public notice and hearing requirements under subparagraph 7,a7 in the case of imminent threat to health1 safety1 or the environment4 7#c7 ,unanticipated events or conditions ,a permit modification is required before changes are made to the approved operations plan1 or if unanticipated events or conditions exist on the land subject to the permit1 including in the case of-- 7,a7 development of acid or toxic drainage2 7,b7 loss of springs or water supplies2 7,c7 water quantity1 water quality1 or other resulting water impacts that are significantly different than those predicted in the application for the operations permit2 7,d7 the need for long-term water treatment2 7,e7 significant reclamation difficulties or reclamation failure2 7,f7 the discovery of significant scientific or biological resources that were not addressed in the original plan2 7,g7 the discovery of property eligible for listing on the ,national ,register of ,historic ,places2 or 7,h7 the discovery of a hazard to public safety4 7f7 ,temporary cessation of operations 7#a7 ,secretarial approval required ,an operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period of more than #ahj days unless the ,secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original operations permit4 7#b7 ,previously issued operations permits ,an operator that temporarily ceases mineral activities for a period of more than #ij days under an operations permit issued before the effective date of this ,act shall submit1 before the expiration of such #ij-;day period1 a complete application for temporary cessation of operations to the ,secretary concerned for approval unless the temporary cessation is permitted under the original operations permit4 7#c7 ,required information 7,a7 ,in general ,to apply for an approval of temporary cessation of operations1 an operator shall submit to the ,secretary concerned such information required under subsection 7b7 and any other provisions prescribed by the ,secretary concerned to minimize impacts on human health1 the environment1 or property eligible for listing on the ,national ,register of ,historic ,places4 7,b7 ,inspection ,after receipt of a complete application for temporary cessation of operations1 the ,secretary concerned shall conduct an inspection of the area for which temporary cessation of operations has been requested4 7#d7 ,conditions for approval ,the ,secretary concerned may approve an application for temporary cessation of operations if such ,secretary determines the following3 7,a7 ,the methods for securing surface facilities and restricting access to the land subject to the operations permit1 or relevant portions thereof1 will effectively protect against hazards to the health and safety of the public and fish and wildlife or damage to property eligible for listing on the ,national ,register of ,historic ,places4 7,b7 ,reclamation is in compliance with the approved reclamation plan1 except in those areas specifically designated in the application for temporary cessation of operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations4 7,c7 ,the amount of financial assurance filed with the permit application is sufficient to ensure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture4 7,d7 ,any outstanding notices of violation and cessation orders incurred in connection with the plan for which temporary cessation is being requested are either stayed pursuant to an administrative or judicial appeal proceeding or are in the process of being abated to the satisfaction of the ,secretary concerned4 7g7 ,permit reviews ,the ,secretary concerned shall review each operations permit issued under this section every #aj years during the term of such operations permit1 and before approving the resumption of operations under subsection 7f71 the ,secretary concerned shall require the operator to take such actions as the ,secretary concerned deems necessary to ensure that mineral activities conform to the operations permit1 including adjustment of financial assurance requirements4 7h7 ,transfer1 assignment1 or sale of rights 7#a7 ,written approval ,no transfer1 assignment1 or sale of rights granted by an operations permit under this section may be made without the prior written approval of the ,secretary concerned4 7#b7 ,conditions of approval ,the ,secretary concerned may allow a permit holder to transfer1 assign1 or sell rights under the permit to a successor1 if the ,secretary concerned finds1 in writing1 that the successor-- 7,a7 has submitted all required information and is eligible to receive a permit in accordance with section #cje2 7,b7 has submitted evidence of financial assurance satisfactory under section #cjf2 and 7,c7 meets any other requirements specified by the ,secretary concerned4 7#c7 ,assumed liability ,the successor described in paragraph 7#b7 shall assume the liability and reclamation responsibilities established by the existing operations permit and shall conduct the mineral activities in full compliance with this ,act and the terms and conditions of the operations permit as in effect at the time of transfer1 assignment1 or sale4 7#d7 ,fee ,each application for approval of an operations permit transfer1 assignment1 or sale pursuant to this subsection shall be accompanied by a fee payable to the ,secretary concerned in such amount as may be established by the ,secretary concerned1 which shall be equal to the actual or anticipated cost of reviewing and approving or disapproving such transfer1 assignment1 or sale1 as determined by the ,secretary concerned4 7i7 ,public participation ,the ,secretary and the ,secretary of ,agriculture shall jointly issue regulations to ensure transparency and public participation in permit decisions required under this ,act1 consistent with any requirements that apply to such decisions under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 #cje4 ,persons ineligible for permits 7a7 ,current violations ,unless corrective action has been taken in accordance with subsection 7c71 no permit under this title may be issued1 transferred1 assigned1 or sold to an applicant if the applicant or any agent of the applicant1 the operator 7if different from the applicant71 any claim or lease holder 7if different from the applicant7 of the claim1 license1 or lease concerned1 or any affiliate of the applicant is in violation of the following3 7#a7 ,this ,act4 7#b7 ,an applicable ,state or ,federal toxic substance1 solid waste1 air1 water quality1 or fish and wildlife conservation law or regulation at any site where mining1 beneficiation1 or processing activities are occurring or have occurred4 7#c7 ,the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq47 at any site where surface coal mining operations are occurring or have occurred4 7b7 ,suspension ,the ,secretary concerned shall suspend a permit1 in whole or in part1 if the ,secretary concerned determines that any of the entities described in subsection 7a7 were in violation of any requirement described in subsection 7a7 at the time such permit was issued4 7c7 ,correction 7#a7 ,reinstatement 7,a7 ,in general ,the ,secretary concerned may issue or reinstate a permit under this title if the applicant submits proof that-- 7i7 the violation under subsection 7a7 or 7b7 has been corrected or is in the process of being corrected to the satisfaction of the ,secretary concerned and the regulatory authority involved2 or 7ii7 the violator has filed1 and is pursuing at the time of such submission1 a direct administrative or judicial appeal to contest the existence of the violation4 7,b7 ,appeal of relationship to affiliate ,an appeal of the relationship of an applicant to an affiliate shall not constitute a direct administrative or judicial appeal to contest the existence of the violation under subparagraph 7,a77ii74 7#b7 ,conditional approval 7,a7 ,in general ,a permit that is issued or reinstated based upon proof submitted under this subsection shall be conditionally issued or conditionally reinstated1 respectively4 7,b7 ,suspension2 revocation ,the ,secretary concerned shall suspend or revoke a permit that is conditionally issued or conditionally reinstated if the relevant violation is not successfully abated or is upheld on appeal4 7d7 ,pattern of willful violation ,no permit may be issued under this ,act to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this ,act by the applicant1 an affiliate of the applicant1 or the operator or claim1 license1 or lease holder if different than the applicant4 #cjf4 ,financial assurance 7a7 ,financial assurance required 7#a7 ,form of assurance ,after a permit is issued under this title and before any exploration or operations begin under the relevant permit1 the operator shall file with the ,secretary concerned evidence of financial assurance payable to the ,united ,states1 which shall be provided in the form of a surety bond1 letters of credit1 certificates of deposit1 or cash4 7#b7 ,covered activities ,the financial assurance required under paragraph 7#a7 shall cover all land within the initial permit area and all affected waters that may require restoration1 treatment1 or other management as a result of mineral activities1 and shall be extended to cover all land and water added to the permit area pursuant to any permit modification made under section #cjc7;e7 or #cjd7;e7 or affected by mineral activities within the permit area4 7b7 ,amount 7#a7 ,in general ,the amount of the financial assurance required under this section shall be sufficient to ensure the completion of reclamation satisfying the requirements of this ,act if the work were to be performed by the ,secretary concerned1 or by a third-party contractor hired by the ,secretary concerned1 in the event of forfeiture1 including the construction and maintenance costs for any treatment facilities necessary to meet ,federal and ,state environmental requirements4 7#b7 ,calculation ,the calculation of the amount under paragraph 7#a7 shall take into account the maximum estimated cost of reclamation1 as determined by the best available science1 and administrative costs associated with a government agency reclaiming the site4 7c7 ,duration ,the financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period sufficient to cover the responsibility of the operator for reclamation1 long-term maintenance1 and effluent treatment as specified in subsection 7g74 7d7 ,adjustments 7#a7 ,in general ,the ,secretary concerned may adjust the amount of the financial assurance required under this section and the terms of the acceptance of the financial assurance as needed as the land subject to the relevant permit is increased or decreased1 the costs of reclamation or treatment change1 or pursuant to section #cjd7;f71 but the financial assurance shall otherwise be in compliance with this section4 7#b7 ,review ,the ,secretary concerned shall review the financial assurance every #c years and as part of the permit application review under section #cjd7;g74 7e7 ,release ,the ,secretary concerned may1 upon request1 after consultation with the ,administrator of the ,environmental ,protection ,agency1 notice and opportunity for public comment1 and inspection by the ,secretary concerned1 release1 in whole or in part1 the financial assurance required under this section if the ,secretary concerned makes both of the following determinations3 7#a7 ,reclamation or restoration covered by the financial assurance has been accomplished as required by this ,act4 7#b7 ,the terms and conditions of any other applicable ,federal requirements1 and ,state requirements applicable pursuant to cooperative agreements under section #cjh1 have been fulfilled4 7f7 ,release schedule ,the release referred to in subsection 7e7 shall be according to the following schedule3 7#a7 ,after the operator has completed any required backfilling1 regrading1 and drainage control of an area subject to mineral activities and covered by the financial assurance1 and has commenced revegetation on the regraded areas subject to mineral activities in accordance with the approved reclamation plan1 that portion of the total financial assurance secured for the area subject to mineral activities attributable to the completed activities may be released1 except that sufficient financial assurance must be retained to address other required reclamation needs and to ensure the long-term success of the revegetation4 7#b7 ,after the operator has successfully completed all remaining mineral activities and reclamation activities and all requirements of the operations plan and the reclamation plan1 and all other requirements of this ,act have been fully met1 the remaining portion of the financial assurance may be released4 ,during the period following release of the financial assurance as specified in paragraph 7#a71 until the remaining portion of the financial assurance is released as provided in paragraph 7#b71 the operator shall be required to comply with the relevant permit issued under this title4 7g7 ,effluent 7#a7 ,in general ,notwithstanding section #cjg7;b77#b77;,d71 where any discharge or other water-related condition resulting from mineral activities requires treatment in order to meet applicable effluent limitations and water quality standards1 the financial assurance shall include the estimated cost of maintaining such treatment for the projected period that will be needed after the cessation of mineral activities4 7#b7 ,release of financial assurance ,the portion of the financial assurance attributable to such estimated cost of treatment shall not be released until such discharge has ceased for a period of #e years1 as determined by ongoing monitoring and testing1 or1 if the discharge continues1 until the operator has met all applicable effluent limitations and water quality standards for #e full years without treatment4 7h7 ,environmental hazards ,if the ,secretary concerned determines1 after final release of a financial assurance1 that an environmental hazard resulting from the mineral activities exists1 or the terms and conditions of the exploration permit or operations permit of this ,act were not fulfilled at the time of such release1 the ,secretary concerned shall issue an order under section #ejg requiring the claim holder or operator 7or any person who controls the claim holder or operator7 to correct the condition such that applicable laws and regulations and any conditions from the operations plan are met4 #cjg4 ,operation and reclamation 7a7 ,general rule 7#a7 ,in general ,an operator shall reclaim land subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting-- 7,a7 the uses which such land was capable of supporting before surface disturbance by the operator2 or 7,b7 other beneficial uses which conform to applicable land use plans as determined by the ,secretary concerned4 7#b7 ,contemporaneous reclamation ,reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities1 and in the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this ,act1 reclamation activities shall begin immediately4 7b7 ,operation and reclamation standards 7#a7 ,in general ,the ,secretary and the ,secretary of ,agriculture shall jointly issue regulations that establish operations and reclamation standards for mineral activities permitted under this ,act and may determine whether outcome-based performance standards or technology-based design standards are most appropriate4 7#b7 ,inclusions ,the regulations required under paragraph 7#a7 shall address the following3 7,a7 ,segregation1 protection1 and replacement of topsoil or other suitable growth medium1 and the prevention1 where possible1 of soil contamination4 7,b7 ,maintenance of the stability of all surface areas4 7,c7 ,control of sediments to prevent erosion and manage drainage4 7,d7 ,minimization of the formation and migration of acidic1 alkaline1 metal-bearing1 or other deleterious leachate4 7,e7 ,reduction of the visual impact of mineral activities to the surrounding topography1 including as necessary pit backfill4 7,f7 ,establishment of a diverse1 effective1 and permanent vegetative cover of the same seasonal variety native to the area affected by mineral activities1 and equal in extent of cover to the natural vegetation of the area4 7,g7 ,design and maintenance of leach operations1 impoundments1 and excess waste according to standard engineering standards to achieve and maintain stability and reclamation of the site4 7,h7 ,removal of structures and roads and sealing of drill holes4 7,i7 ,restoration of1 or mitigation for1 fish and wildlife habitat disturbed by mineral activities4 7,j7 ,preservation of cultural1 paleontological1 and cave resources4 7,k7 ,prevention and suppression of fire within the area affected by mineral activities4 7c7 ,surface or ground water withdrawals ,the ,secretary concerned shall work with ,state and local governments with authority over the allocation and use of surface and ground water in the area around the mine site as necessary to ensure that any surface or ground water withdrawals made as a result of mineral activities approved under this title do not cause undue degradation4 7d7 ,special rule ,reclamation activities for a mining claim1 license1 or lease that has been forfeited1 relinquished1 or lapsed1 or a plan that has expired or been revoked or suspended1 shall continue subject to review and approval by the ,secretary concerned4 #cjh4 ,state law and regulation 7a7 ,state law 7#a7 ,reclamation1 land use1 environmental1 and public health standards ,any reclamation1 land use1 environmental1 or public health protection standard or requirement in ,state law that meets or exceeds the requirements of this ,act shall not be construed to be inconsistent with any such standard4 7#b7 ,bonding requirements ,any bonding standard or requirement in ,state law that meets or exceeds the requirements of this ,act shall not be construed to be inconsistent with such requirements4 7#c7 ,inspection standards ,any inspection standard or requirement in ,state law that meets or exceeds the requirements of this ,act shall not be construed to be inconsistent with such requirements4 7b7 ,applicability of other ,state requirements 7#a7 ,environmental standards ,nothing in this ,act may be construed to affect any toxic substance1 solid waste1 or air or water quality standard or requirement of any ,state1 local1 or ,tribal law that may be applicable to mineral activities on land subject to this ,act4 7#b7 ,water resources ,nothing in this ,act may be construed to affect the right of any person to enforce or protect1 under applicable law1 the interest of such person in water resources affected by mineral activities on land subject to this ,act4 7c7 ,cooperative agreements 7#a7 ,in general ,a ,state may enter into a cooperative agreement with the ,secretary concerned for the purpose of the ,secretary concerned applying such standards and requirements referred to in subsections 7a7 and 7b7 to mineral activities or reclamation on land subject to this ,act4 7#b7 ,common regulatory framework 7,a7 ,in general ,if a proposed mineral activity would affect land not subject to this ,act in addition to land subject to this ,act1 in order to approve a plan of operations1 the ,secretary concerned shall enter into a cooperative agreement with the ,state that establishes a common regulatory framework consistent with the requirements of this ,act for the purposes of such plan of operations4 7,b7 ,authority of ,federal ,government ,any common regulatory framework established under subparagraph 7,a7 may not negate the authority of the ,federal ,government to independently inspect mines and operations and bring enforcement actions for violations4 7#c7 ,notice and public comment ,the ,secretary concerned may not enter into a cooperative agreement with a ,state under this section until after notice in the ,federal ,register and opportunity for public comment and hearing4 7d7 ,prior agreements ,any cooperative agreement between the ,secretary concerned and a ,state1 or political subdivision thereof1 relating to the management of mineral activities on land subject to this ,act that was in existence on the effective date of this ,act may only continue in force until #a year after the effective date of this ,act1 during which such period the ,secretary concerned and the ,state shall review the terms of such agreement or other understanding and make changes that are necessary to be consistent with this ,act4 ,,iv ,abandoned ,hardrock ,mine ,reclamation ,program #dja4 ,funds credited to the ,abandoned ,hardrock ,mine ,reclamation ,program 7a7 ,in general ,the following amounts shall be made available to carry out1 to remain available until expended without fiscal year limitation1 the ,abandoned ,hardrock ,mine ,reclamation ,program3 7#a7 ,all moneys collected pursuant to sections #ejb and #ejf4 7#b7 ,all fees received under section #cjd7;a77#a77;,b74 7#c7 ,all gifts contributed under subsection 7b77#a74 7#d7 ,all amounts deposited in the ,abandoned ,hardrock ,mine ,reclamation ,program under title ,i4 7#e7 ,all amounts displaced material reclamation fees paid under section #djb4 7b7 ,donations 7#a7 ,acceptance ,the ,secretary may accept a gift of money1 to remain available until expended without fiscal year limitation1 to carry out the ,abandoned ,hardrock ,mine ,reclamation ,program4 7#b7 ,rejection ,the ,secretary may reject a gift under paragraph 7#a7 if such rejection is in the interest of the ,federal ,government4 #djb4 ,displaced material reclamation fee 7a7 ,imposition of fee ,except as provided in subsection 7g71 each operator conducting mineral activities shall pay to the ,secretary a displaced material reclamation fee of #g cents per ton of displaced material4 7b7 ,payment deadline ,an operator shall pay the reclamation fee required by subsection 7a7 with respect to each calendar year beginning with the first calendar year that begins after the effective date of this ,act not later than ,march #a of the succeeding year4 7c7 ,submission of statement ,each operator conducting mineral activities shall submit to the ,secretary a statement of the amount of displaced material produced during mineral activities carried out during the preceding calendar year1 the accuracy of which shall be sworn to by the operator and notarized4 7d7 ,criminal penalty ,any corporate officer1 agent1 or director of an operator conducting mineral activities1 and any other person acting on behalf of such a person1 who knowingly makes any false statement1 representation1 or certification1 or knowingly fails to make any statement1 representation1 or certification required under this section with respect to such mineral activities shall1 upon conviction1 be punished by a fine of not more than #aj1jjj for deposit in the ,abandoned ,hardrock ,mine ,reclamation ,program4 7e7 ,civil action to recover fee ,any portion of the reclamation fee required under subsection 7a7 that is not properly or promptly paid pursuant to this section shall be recoverable1 with statutory interest1 from the operator1 in any court of competent jurisdiction in any action at law to compel payment of debts4 7f7 ,effect ,nothing in this section requires a reduction in1 or otherwise affects1 any similar fee required under any law or regulation of any ,state4 7g7 ,exemption ,the fee under this section shall not apply for a small miner's lease4 ,v ,additional ,provisions #eja4 ,policy functions 7a7 ,minerals policy ,section #aja of the ,mining and ,minerals ,policy ,act of #aigj 7#cj ,u4,s4,c4 #ba;a7 is amended-- 7#a7 by inserting and to ensure that mineral extraction and processing do not cause unnecessary or undue degradation of the natural and cultural resources of the public lands after activities2 and 7#b7 by adding at the end the following3 ,it shall also be the responsibility of the ,secretary of ,agriculture to carry out the policy provisions of paragraphs 7#a7 and 7#b7 of this section44 7b7 ,mineral data ,section #e7;e77#c7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;e77#c77 is amended by inserting before the period the following3 1 except that for ,national ,forest ,system lands1 the ,secretary of ,agriculture shall promptly initiate actions to improve the availability and analysis of mineral data in ,federal land-use decisionmaking4 #ejb4 ,user fees and inflation adjustment 7a7 ,user fees ,the ,secretary and the ,secretary of ,agriculture may each establish and collect from persons subject to the requirements of this ,act such user fees as may be necessary to reimburse the ,united ,states for expenses incurred in the administration of such requirements4 ,fees may be assessed and collected under this section only in such manner as may reasonably be expected to result in an aggregate amount of the fees collected during any fiscal year which does not exceed the aggregate amount of administrative expenses referred to in this section4 7b7 ,adjustment of user fees 7#a7 ,inflation ,the ,secretary shall adjust the user fees established by this section1 and all claim maintenance fees1 rental rates1 penalty amounts1 and other dollar amounts established in this ,act1 to reflect changes in the ,consumer ,price ,index published by the ,bureau of ,labor ,statistics of the ,department of ,labor every #c years after the effective date of this ,act1 or more frequently if the ,secretary determines an adjustment to be reasonable4 7#b7 ,notice ,the ,secretary shall provide claim holders1 license holders1 and lease holders notice of any adjustment made under this subsection not later than ,july #a of the year in which the adjustment is made4 7#c7 ,applicability ,a fee adjustment under this subsection shall begin to apply the calendar year following the calendar year in which it is made4 #ejc4 ,inspection and monitoring 7a7 ,inspections 7#a7 ,in general ,the ,secretary concerned shall conduct inspections of mineral activities so as to ensure compliance with the requirements of this ,act4 7#b7 ,frequency 7,a7 ,in general ,the ,secretary concerned shall establish a frequency of inspections for mineral activities conducted under a permit issued under title ,,iii1 but in no event shall such inspection frequency be less than #a complete inspection per calendar quarter or1 in the case of a permit for which the ,secretary concerned approves an application under section #cjd7;f71 #b per calendar quarter4 7,b7 ,frequency after revegetation ,after revegetation has been completed in accordance with a reclamation plan1 the ,secretary concerned shall conduct #b complete inspections annually4 7,c7 ,seasonal mineral activities ,the ,secretary concerned may modify the inspection frequency for mineral activities that are conducted on a seasonal basis4 7,d7 ,termination ,inspections shall continue under this subsection until final release of financial assurance4 7#c7 ,by request 7,a7 ,in general ,any person that has reason to believe such person is or may be adversely affected by mineral activities due to any violation of the requirements of a permit approved under this ,act may request an inspection under this section of such mineral activities4 7,b7 ,review period ,not later than #cj business days after the date the ,secretary concerned receives a request under subparagraph 7,a71 the ,secretary concerned shall determine whether the request states a reason to believe that a violation exists4 7,c7 ,imminent threat ,if1 in a request submitted under subparagraph 7,a71 a person alleges and provides reason to believe that an imminent threat to the environment or danger to the health or safety of the public exists1 subparagraph 7,b7 shall not apply and the inspection shall be conducted immediately4 7,d7 ,notification ,the ,secretary concerned shall notify the person that submitted a request under subparagraph 7,a7 when an inspection is conducted pursuant to such request1 and such person may accompany the ,secretary concerned during the inspection4 7,e7 ,liability ,the ,secretary concerned shall not incur any liability for granting a request to allow any person to accompany such ,secretary concerned under subparagraph 7,d74 7,f7 ,anonymity ,if a person that submits a request under subparagraph 7,a7 or 7,c7 requests that the identity of such person remain confidential1 the ,secretary concerned shall keep such information confidential unless such person accompanies the ,secretary concerned during the inspection under subparagraph 7,d74 7,g7 ,procedures ,the ,secretary and the ,secretary of ,agriculture shall jointly issue regulations to establish procedures for the review of-- 7i7 any decision by an authorized representative of such ,secretaries not to carry out an inspection under this paragraph2 or 7ii7 any refusal by such authorized representative to ensure that remedial actions are taken with respect to any alleged violation4 7,h7 ,written statement ,the ,secretary concerned shall give a person that submits a request under subparagraph 7,a7 a written statement of the reasons for the final disposition of the request4 7b7 ,monitoring 7#a7 ,monitoring system 7,a7 ,in general ,the ,secretary concerned shall require all operators to develop and maintain a monitoring and evaluation system that shall identify compliance with all requirements of a permit issued under this ,act4 7,b7 ,additional monitoring ,the ,secretary concerned may require an operator to conduct additional monitoring as necessary to ensure compliance with the reclamation and other environmental standards of this ,act4 ,such monitoring and evaluation system described in subparagraph 7,a7 and any additional monitoring required by this subparagraph is subject to the approval of the ,secretary4 7#b7 ,reporting requirements 7,a7 ,in general ,an operator shall file reports with the ,secretary concerned1 on a frequency and containing such information as determined by the ,secretary concerned1 regarding the results of the monitoring and evaluation system1 except that if the monitoring and evaluation system shows a violation of the requirements of a permit issued under this ,act1 the operator shall immediately report such violation to the ,secretary concerned4 7,b7 ,enforcement ,the ,secretary concerned shall evaluate the reports submitted pursuant to this paragraph1 and1 based on such reports and any necessary inspection1 shall take enforcement action pursuant to section #ejf4 7,c7 ,maintenance of reports2 availability to public ,the ,secretary concerned and each operator shall both maintain each report submitted by such operator under this paragraph and make each such report available to the public4 7#c7 ,failure to report ,if an operator fails to file a report as required under this section such failure shall constitute a violation of this ,act and subject the operator to enforcement action pursuant to section #ejf4 #ejd4 ,citizens suits 7a7 ,in general ,except as provided in subsection 7c71 any person may commence a civil action to compel compliance-- 7#a7 against any person that is alleged to be in violation of this ,act or any term or condition of any lease1 license1 or permit issued under this ,act2 or 7#b7 against the ,secretary concerned if the ,secretary concerned failed to perform any act or duty under this ,act1 or to issue any regulation under this ,act1 required by this ,act4 7b7 ,district court jurisdiction 7#a7 ,in general ,the ,united ,states district courts shall have jurisdiction over an action brought under this section1 without regard to the amount in controversy or the citizenship of the parties1 including actions brought to apply any civil penalty under this ,act4 7#b7 ,agency action unreasonably delayed ,the ,united ,states district courts shall have jurisdiction to compel agency action unreasonably delayed1 except that an action to compel agency action reviewable under section #eje may only be filed in a ,united ,states district court within the circuit in which such action would be reviewable under section #eje4 7c7 ,exceptions 7#a7 ,notice ,no action may be commenced under subsection 7a7 before the end of the #fj-;day period beginning on the date the plaintiff has given notice in writing of such alleged violation to the alleged violator and the ,secretary concerned1 except that any such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the environment or to the health or safety of the public or to property eligible for listing on the ,national ,register of ,historic ,places4 7#b7 ,ongoing litigation ,no action may be brought against any person other than the ,secretary concerned under subsection 7a77#a7 if the ,secretary concerned has commenced and is diligently prosecuting a civil or criminal action in a court of the ,united ,states to require compliance4 7#c7 ,exception ,no action may be commenced under subsection 7a77#b7 against the ,secretary concerned to review any regulation issued1 or any permit issued or denied1 by the ,secretary concerned if such regulation or permit issuance or denial is judicially reviewable under section #eje or under any other provision of law at any time after such issuance or denial is final4 7d7 ,venue ,venue of all actions brought under this section shall be determined in accordance with section #acia of title #bh1 ,united ,states ,code4 7e7 ,costs ,the court1 in issuing any final order in any action brought pursuant to this section1 may award costs of litigation 7including attorney and expert witness fees7 to any party whenever the court determines such award is appropriate4 ,the court may1 if a temporary restraining order or preliminary injunction is sought1 require the filing of a bond or equivalent security in accordance with the ,federal ,rules of ,civil ,procedure4 7f7 ,savings clause 7#a7 ,in general ,nothing in this section shall restrict any right which any person 7or class of persons7 may have under chapter #g of title #e1 ,united ,states ,code1 under this section1 or under any other statute or common law to bring an action to seek any relief against the ,secretary or the ,secretary of ,agriculture or against any other person1 including any action for any violation of this ,act or of any regulation or permit issued under this ,act or for any failure to act as required by law4 7#b7 ,jurisdiction ,nothing in this section shall affect the jurisdiction of any court under any provision of title #bh1 ,united ,states ,code1 including any action for any violation of this ,act or of any regulation or permit issued under this ,act or for any failure to act as required by law4 #eje4 ,administrative and judicial review 7a7 ,review by ,secretary concerned 7#a7 ,notice of violation ,any person issued a notice of violation or cessation order under section #ejg1 or any person having an interest which is or may be adversely affected by such notice or order1 may apply to the ,secretary concerned for review of such notice or order not later than #cj days after receipt thereof1 or as the case may be1 not later than #cj days after such notice or order is modified1 vacated1 or terminated4 7#b7 ,review of penalty ,any person that is subject to a penalty assessed under section #ejg may apply to the ,secretary concerned for review of the assessment not later than #de days of notification of such penalty4 7#c7 ,third-party requests ,any person may apply to the ,secretary concerned for review of a decision under this subsection not later than #cj days after such decision is issued4 7#d7 ,stays pending review ,pending a review by the ,secretary concerned or resolution of an administrative appeal1 final decisions 7except enforcement actions under section #ejg7 shall be stayed4 7#e7 ,public hearing ,the ,secretary concerned shall provide an opportunity for public hearing at the request of any party to a review under paragraph 7#a74 ,the filing of an application for review under this subsection shall not operate as a stay of any order or notice issued under section #ejg4 7#f7 ,written decision 7,a7 ,in general ,for any review under this subsection1 the ,secretary concerned shall make findings of fact and shall issue a written decision incorporating therein an order vacating1 affirming1 modifying1 or terminating the notice1 order1 or decision1 or with respect to an assessment1 the amount of penalty that is warranted4 7,b7 ,deadline ,where an application for review under this subsection concerns a cessation order issued under section #ejf1 the ,secretary concerned shall1 unless temporary relief has been granted by the ,secretary concerned under paragraph 7#g71 issue the written decision not later than the later of-- 7i7 #cj days after the date of the receipt of the application for review2 and 7ii7 #cj days after the conclusion of any hearing referred to in paragraph 7#e74 7#g7 ,temporary relief 7,a7 ,in general ,pending completion of any review under this subsection1 the person that submitted an application for review under paragraph 7#a7 may file with the ,secretary concerned a written request that the ,secretary concerned grant temporary relief from any order issued under section #ejg including a detailed statement of the basis for such relief4 7,b7 ,decision ,the ,secretary concerned shall expeditiously issue an order or decision granting or denying an application for temporary relief submitted under subparagraph 7,a74 7,c7 ,limitation ,the ,secretary concerned may grant temporary relief under subparagraph 7,b7 under such conditions as they may prescribe only if the ,secretary concerned determines that such relief will not adversely affect the health or safety of the public or cause imminent environmental harm to land1 air1 or water resources4 7#h7 ,savings clause ,the availability of review under this subsection shall not be construed to limit the operation of rights under section #ejd4 7b7 ,judicial review 7#a7 ,court of ,appeals for the ,district of ,columbia ,any final action by the ,secretary or the ,secretary of ,agriculture in issuing regulations to implement this ,act1 or any other final actions constituting rulemaking to implement this ,act1 shall be subject to judicial review only in a ,united ,states ,court of ,appeals for a circuit in which an affected ,state is located or within the ,district of ,columbia4 7#b7 ,petition for review ,a petition for review of any action subject to judicial review under this subsection shall be filed not later than #fj days after the date of such action1 or after such date if the petition is based solely on grounds arising after the #fjth day4 ,any such petition may be made by any person that commented or otherwise participated in the rulemaking or any person that may be adversely affected by the action of the ,secretary or the ,secretary of ,agriculture4 7#c7 ,standard of review ,final agency action under this subsection1 including such final action on those matters described under subsection 7a71 shall be subject to judicial review in accordance with paragraph 7#d7 and pursuant to section #acia of title #bh1 ,united ,states ,code1 not later than #fj days after the date of such final action4 ,any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary1 capricious1 or otherwise inconsistent with law4 7#d7 ,savings clause ,the availability of judicial review established in this subsection shall not be construed to limit the operations of rights under section #ejd4 7#e7 ,record ,the court shall hear any petition or complaint filed under this subsection solely on the record made before the ,secretary concerned4 ,the court may affirm or vacate any order or decision or may remand the proceedings to the ,secretary concerned for such further action as it may direct4 7#f7 ,commencement of a proceeding not a stay ,the commencement of a proceeding under this section shall not1 unless specifically ordered by the court1 operate as a stay of the action1 order1 or decision of the ,secretary concerned4 7c7 ,costs ,whenever a proceeding occurs under subsection 7a7 or 7b71 at the request of any person1 a sum equal to the aggregate amount of all costs and expenses 7including attorney fees7 as determined by the ,secretary concerned or the court to have been reasonably incurred by such person for or in connection with participation in such proceedings1 including any judicial review of the proceeding1 may be assessed against either party as the court1 in the case of judicial review1 or the ,secretary concerned in the case of administrative proceedings1 deems appropriate if it is determined that such party prevailed in whole or in part1 achieving some success on the merits1 and that such party made a substantial contribution to a full and fair determination of the issues4 #ejf4 ,reporting requirements 7a7 ,report to ,secretary concerned ,an operator engaging in any mineral activities on ,federal land or on ,indian land shall submit to the ,secretary concerned an annual report1 in a time and manner prescribed by the ,secretary concerned1 describing the total amount 7in metric tons7 and value of hardrock minerals produced through such mineral activities1 including the total amount and value of any hardrock minerals produced from a mine partially located on either ,federal land or ,indian land1 disaggregated by hardrock mineral and by percentage extracted from ,federal land and percentage extracted from ,indian land4 7b7 ,failure ,to report ,any person that fails to comply with the requirements of subsection 7a7 shall be subject to a civil penalty not to exceed #be1jjj per day during which such failure continues1 which may be assessed by the ,secretary concerned4 7c7 ,report to ,congress ,the ,secretary shall annually submit to ,congress a report providing the following information for each hardrock mine located on ,federal land or on ,indian land3 7#a7 ,the data submitted for such mine under subsection 7a74 7#b7 ,the name of the operator of such mine4 7#c7 ,the ,state in which such mine is located4 7#d7 ,the ,bureau of ,land ,management field office with jurisdiction over such mine4 7#e7 ,whether such mine is located on ,federal land4 7#f7 ,whether such mine is located on ,indian land4 7d7 ,regulations ,not later than #a year after the effective date of this ,act1 the ,secretary shall issue such regulations as are necessary to carry out this section4 #ejg4 ,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 environmental protection requirement or any regulation issued by the ,secretary concerned to implement this ,act1 such the ,secretary concerned shall issue to such person a notice of violation describing the violation and the corrective measures to be taken4 7,b7 ,time to abate ,a person issued a notice of violation under subparagraph 7,a7 shall abate such violation within a time period determined by the ,secretary concerned which shall not exceed #cj days4 7,c7 ,extension of time to abate ,the ,secretary concerned may1 upon a showing of good cause by the person issued a notice of violation under subparagraph 7,a71 extend the period of time under subparagraph 7,b74 7,d7 ,continued violation ,if1 upon the expiration of the time period under subparagraph 7,b71 including any extension under subparagraph 7,c71 the ,secretary concerned finds that the person issued a notice of violation under subparagraph 7,a7 has not abated such violation1 the ,secretary concerned shall immediately order a cessation of all mineral activities or the portion thereof relevant to the violation4 7#b7 ,order for immediate cessation ,if the ,secretary concerned determines that any condition or practice exists1 or that any person is in violation of any requirement under a permit issued under this ,act1 and such condition1 practice1 or violation is causing1 or can reasonably be expected to cause either of the following1 the ,secretary concerned shall immediately order a cessation of all mineral activities or the portion thereof relevant to the condition1 practice1 or violation3 7,a7 ,an imminent danger to the health or safety of the public4 7,b7 ,significant1 imminent environmental harm to land1 air1 water1 or fish or wildlife resources4 7#c7 ,duration 7,a7 ,termination ,a cessation order issued pursuant to paragraph 7#a7 or 7#b7 shall remain in effect until the ,secretary concerned determines that the condition1 practice1 or violation has been abated or until such order is modified1 vacated1 or terminated by the ,secretary concerned4 ,in any such order1 the ,secretary concerned shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in such order4 7,b7 ,financial assurances ,the ,secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met when issuing a cessation order under this section4 7,c7 ,authority of the ,secretary concerned ,any notice or order issued pursuant to paragraph 7#a7 or 7#b7 may be modified1 vacated1 or terminated by the ,secretary concerned4 ,any person to whom any such notice or order is issued shall be entitled to a hearing on the record4 7#d7 ,alternative enforcement action 7,a7 ,in general ,if1 #cj days after the notice of violation referred to in paragraph 7#a77;,a7 is issued1 the required abatement has not occurred1 the ,secretary concerned shall take such alternative enforcement action against the claim holder1 license holder1 lease holder1 or operator 7or any person who controls the claim holder1 license holder1 lease holder1 or operator7 as will most likely bring about such required abatement in the most expeditious manner possible1 which may include seeking appropriate injunctive relief to bring about abatement4 7,b7 ,earlier alternative enforcement action ,nothing in this paragraph shall preclude the ,secretary concerned from taking alternative enforcement action before the expiration of the #cj-;day period described in subparagraph 7,a74 7#e7 ,failure or default 7,a7 ,in general ,if a claim holder1 license holder1 lease holder1 or operator 7or any person who controls the claim holder1 license holder1 lease holder1 or operator7 fails to abate a violation or defaults on the terms of a permit issued under this ,act1 the ,secretary concerned shall forfeit the financial assurance required under section #cjf as necessary to ensure abatement and reclamation under this ,act4 7,b7 ,reclamation by surety ,the ,secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with section #cjg in lieu of forfeiture under subparagraph 7,a74 7#f7 ,pending review ,the ,secretary concerned shall not cause forfeiture of financial assurance while administrative or judicial review is pending4 7#g7 ,liability in the event of forfeiture ,in the event of forfeiture1 the claim holder1 license holder1 lease holder1 operator1 or any affiliate thereof1 as determined appropriate by the ,secretary by regulation1 shall be jointly and severally liable for any remaining reclamation obligations under this ,act4 7b7 ,compliance ,the ,secretary concerned may request that the ,attorney ,general institute a civil action for relief1 including a permanent or temporary injunction or restraining order and any other appropriate enforcement order1 including the imposition of civil penalties1 in the ,united ,states district court for the district in which the mineral activities are located1 whenever a person-- 7#a7 violates1 fails1 or refuses to comply with any order issued by the ,secretary concerned under subsection 7a72 or 7#b7 interferes with1 hinders1 or delays the ,secretary concerned in carrying out an inspection under section #ejc4 ,such court shall have jurisdiction to provide such relief as may be appropriate4 ,any relief granted by such court to enforce an order under paragraph 7#a7 shall continue in effect until the completion or final termination of all proceedings for review of such order unless the court granting such relief sets it aside4 7c7 ,delegation ,notwithstanding any other provision of law1 the ,secretary may utilize personnel of the ,office of ,surface ,mining ,reclamation and ,enforcement to ensure compliance with the requirements of this ,act4 7d7 ,penalties 7#a7 ,failure to comply with requirements of a permit 7,a7 ,in general ,a person who fails to comply with any requirement of a permit issued under this ,act or any regulation issued to implement this ,act shall be liable for a penalty of not more than #be1jjj per violation4 7,b7 ,separate violations ,each day of violation may be deemed a separate violation for purposes of a penalty assessment under this paragraph4 7#b7 ,failure to comply with a cessation order ,a person who fails to correct a violation for which a cessation order has been issued under subsection 7a7 within the period permitted for correction of such violation shall be assessed a civil penalty of not less than #a1jjj per violation for each day during which such failure continues4 7#c7 ,penalties for directors1 officers1 and agents ,whenever a corporation is in violation of a requirement of a permit issued under this ,act or any regulation issued to implement this ,act or fails or refuses to comply with an order issued under subsection 7a71 any director1 officer1 or agent of such corporation who knowingly authorized1 ordered1 or carried out such violation1 failure1 or refusal shall be subject to the same penalties as may be imposed upon a person described in paragraph 7#a74 7e7 ,suspensions or revocations ,the ,secretary concerned shall suspend or revoke a permit issued under title ,,ii1 in whole or in part1 if the operator-- 7#a7 knowingly made or knowingly makes any false1 inaccurate1 or misleading material statement in any mining claim1 notice of location1 application1 record1 report1 plan1 or other document filed or required to be maintained under this ,act2 7#b7 fails to abate a violation covered by a cessation order issued under subsection 7a72 7#c7 fails to comply with an order of the ,secretary concerned2 7#d7 refuses to permit an audit pursuant to this ,act2 7#e7 fails to maintain an adequate financial assurance under section #cjf2 7#f7 fails to pay claim maintenance fees1 rentals1 or other moneys due and owing under this ,act2 or 7#g7 with regard to plans conditionally approved under section #cje7;c77#b7-- 7,a7 fails to abate a violation to the satisfaction of the ,secretary concerned2 or 7,b7 the validity of the violation is upheld on the appeal which formed the basis for the conditional approval4 7f7 ,false statements2 tampering 7#a7 ,in general ,a person who knowingly carries out any of the following actions shall1 upon an initial conviction1 be fined not more than #aj1jjj1 imprisoned for not more than #b years1 or both1 and1 upon a subsequent conviction1 be fined not more than #bj1jjj1 imprisoned for not more than #d years1 or both3 7,a7 ,make a false material statement1 representation1 or certification in1 or omit or conceal material information from1 or unlawfully alter1 any mining claim1 notice of location1 application1 record1 report1 plan1 or other documents filed or required to be maintained under this ,act4 7,b7 ,falsify1 tamper with1 render inaccurate1 or fail to install any monitoring device or method required to be maintained under this ,act4 7#b7 ,separate violations ,each day of continuing violation may be deemed a separate violation for purposes of penalty assessment under paragraph 7#a74 7g7 ,mineral activities without a permit 7#a7 ,in general ,a person that knowingly carries out any of the following actions shall1 upon an initial conviction1 be fined not less than #e1jjj and not more than #ej1jjj1 imprisoned for not more than #c years1 or both1 and1 upon a subsequent conviction1 be fined not less than #aj1jjj1 imprisoned for not more than #f years1 or both3 7,a7 ,engage in mineral activities without a permit required under title ,,ii4 7,b7 ,violate any other requirement of a permit issued under this ,act1 or any condition or limitation thereof4 7#b7 ,separate violations ,each day of continuing violation shall be deemed a separate violation for purposes of penalty assessment under paragraph 7#a74 7h7 ,knowing and willful violations ,a person that knowingly and willfully commits an act for which a civil penalty is provided in subsection 7g77#a77;,a7 shall1 upon conviction1 be punished by a fine of not more than #ej1jjj1 or by imprisonment for not more than #b years1 or both4 7i7 ,person defined ,in this section1 the term person includes any officer1 agent1 or employee of a person4 #ejh4 ,regulations 7a7 ,in general ,the ,secretary and the ,secretary of ,agriculture shall issue such regulations as are necessary to implement this ,act4 7b7 ,regulations affecting ,forest ,service ,not later than #a year after the effective date of this ,act1 the ,secretary and the ,secretary of ,agriculture shall jointly issue regulations implementing titles ,,ii and ,,iii and this title that affect the ,forest ,service4 #eji4 ,oil shale claims ,section #beaa7;f7 of the ,energy ,policy ,act of #aiib 7#cj ,u4,s4,c4 #bdb7;f72 ,public ,law #ajb-dhf7 is amended-- 7#a7 by striking as prescribed by the ,secretary2 and 7#b7 by inserting before the period the following3 in the same manner as required by title ,,ii of the ,mining ,waste1 ,fraud1 and ,abuse ,prevention ,act of #bjbe4 #eaj4 ,savings clause 7a7 ,special application of mining laws ,nothing in this ,act shall be construed to-- 7#a7 repeal or modify any ,federal law1 regulation1 order1 or land use plan in effect before the effective date 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 effective date of this ,act1 to the extent such laws provide for protection of natural and cultural resources and the environment greater than required under this ,act2 7#b7 apply to or limit mineral investigations1 studies1 or other mineral activities conducted by any ,federal or ,state agency acting in the governmental capacity of such agency pursuant to other authority2 or 7#c7 affect or limit any assessment1 investigation1 evaluation1 or listing pursuant to the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 or the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #cbea et seq474 7b7 ,claims converted to leases ,any ,federal law described in subsection 7a7 shall remain in force and effect with respect to claims converted to leases under this ,act4 7c7 ,effect on other ,federal laws 7#a7 ,general mining laws ,the provisions of this ,act shall supersede the general mining laws4 7#b7 ,other laws ,except for the general mining laws1 nothing in this ,act shall be construed to supersede1 modify1 amend1 or repeal any provision of ,federal law not expressly superseded1 modified1 amended1 or repealed by this ,act4 7#c7 ,environmental laws ,nothing in this ,act shall be construed to alter1 affect1 amend1 modify1 or change1 directly or indirectly1 any law which refers to and provides authorities or responsibilities for1 or is administered by1 the ,administrator of the ,environmental ,protection ,agency1 including-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,c7 title ,,xiv of the ,public ,health ,service ,act 7the ,safe ,drinking ,water ,act7 7#db ,u4,s4,c4 #cjj;f et seq472 7,d7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,e7 the ,pollution ,prevention ,act of #aiij 7#db ,u4,s4,c4 #acaja et seq472 7,f7 the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq472 7,g7 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq472 7,h7 the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 7,i7 the ,motor ,vehicle ,information and ,cost ,savings ,act 7#ae ,u4,s4,c4 #aija et seq472 7,j7 the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfa et seq472 7,k7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,l7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7,m7 the ,noise ,control ,act of #aigb 7#db ,u4,s4,c4 #dija et seq472 7,n7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7,o7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,p7 the ,superfund ,amendments and ,reauthorization ,act of #aihf 7,public ,law #ii-dii2 #ajj ,stat4 #afac72 7,q7 the ,ocean ,dumping ,act 7#cc ,u4,s4,c4 #adja et seq472 7,r7 the ,environmental ,research1 ,development1 and ,demonstration ,authorization ,act of #aigh 7#db ,u4,s4,c4 #dcfe72 7,s7 the ,pollution ,prosecution ,act of #aiij 7#db ,u4,s4,c4 #dcba note2 ,public ,law #aja-eic72 7,t7 the ,federal ,facilities ,compliance ,act of #aiib 7,public ,law #ajb-chf2 #ajf ,stat4 #aeje72 and 7,u7 any statute containing an amendment to any of such ,acts4 7#d7 ,federal ,indian law ,nothing in this ,act shall be construed to modify or affect any provision of-- 7,a7 the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq472 7,b7 the ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif72 7,c7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq472 7,d7 the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq472 or 7,e7 the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq474 7d7 ,sovereign immunity of ,indian ,tribes ,nothing in this ,act shall be construed so as to waive the sovereign immunity of any ,indian ,tribe4 #eaa4 ,availability of public records ,copies of records1 reports1 inspection materials1 or information obtained by the ,secretary or the ,secretary of ,agriculture under this ,act shall be made immediately available to the public1 consistent with section #eeb of title #e1 ,united ,states ,code1 in central and sufficient locations in the county1 multicounty1 and ,state area of mineral activities or reclamation and on the internet so that such information is conveniently available to residents in the area proposed or approved for mineral activities4 #eab4 ,miscellaneous powers 7a7 ,in general ,the ,secretary concerned1 in carrying out the duties of the ,secretary concerned under this ,act1 may conduct any investigation1 inspection1 or other inquiry and may conduct1 after notice1 any hearing or audit1 that is necessary and appropriate to carry out such duties4 7b7 ,ancillary powers ,in connection with any hearing1 inquiry1 investigation1 or audit under this ,act1 the ,secretary concerned may carry out any of the following actions3 7#a7 ,require1 by special or general order1 any person to submit in writing such affidavits and answers to questions as the ,secretary concerned may reasonably prescribe1 which submission shall be made within such reasonable period and under oath or otherwise1 as may be necessary4 7#b7 ,administer oaths4 7#c7 ,require by subpoena the attendance and testimony of witnesses and the production of all books1 papers1 records1 documents1 matter1 and materials as the ,secretary concerned may request4 7#d7 ,order testimony to be taken by deposition before any person that is designated by the ,secretary concerned and that has the power to administer oaths1 and compel testimony and the production of evidence in the same manner as authorized under paragraph 7#c7 of this subsection4 7#e7 ,pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the ,united ,states4 7c7 ,enforcement 7#a7 ,in general ,in cases of refusal to obey a subpoena served upon any person under this section1 the ,united ,states district courts for any district in which such person is found1 resides1 or transacts business1 upon application by the ,attorney ,general at the request of the ,secretary concerned and after notice to such person1 shall have jurisdiction to issue an order requiring such person to appear and produce documents before the ,secretary concerned4 7#b7 ,failure to obey ,any failure to obey an order issued under paragraph 7#a7 may be punished by the court that issued such order as contempt thereof and the person subject to such order shall be subject to a penalty of not more than #aj1jjj per day4 7d7 ,entry and access ,without advance notice and upon presentation of appropriate credentials1 the ,secretary concerned-- 7#a7 shall have the right of entry to1 upon1 and through the site of any claim1 license1 lease1 mineral activities1 or any premises in which any records required to be maintained under this ,act are located2 7#b7 may1 at reasonable times and without delay1 have access to records1 inspect any monitoring equipment1 and review any method of operation required under this ,act2 7#c7 may engage in any work and do all things necessary or expedient to implement and administer the provisions of this ,act2 7#d7 may1 on any mining claim1 license1 or lease maintained in compliance with this ,act1 stop and inspect any motorized form of transportation that the ,secretary concerned has probable cause to believe is carrying hardrock minerals1 concentrates1 or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such hardrock minerals1 concentrates1 or products derived therefrom as required by law1 if such documentation is required under this ,act2 and 7#e7 may1 if accompanied by a appropriate law enforcement officer1 or an appropriate law enforcement officer alone1 stop and inspect any motorized form of transportation which is not on a claim site if the ,secretary concerned or the appropriate law enforcement officer has probable cause to believe such vehicle is carrying hardrock minerals1 concentrates1 or products derived therefrom from a claim site1 license1 or lease on ,federal land or allocated to such claim site1 license1 or lease for the purpose of determining whether the operator of such vehicle has the documentation required by law1 if such documentation is required under this ,act4 #eac4 ,mineral materials 7a7 ,determinations ,section #c of the ,act of ,july #bc1 #aiee1 commonly known as the ,surface ,resources ,act of #aiee 7#cj ,u4,s4,c4 #faa71 is amended-- 7#a7 by striking ,no and inserting 7a7 ,no2 7#b7 by inserting mineral materials1 including after varieties of2 7#c7 by striking or cinders and inserting cinders1 and clay12 and 7#d7 by adding at the end the following3 7b7 7#a7 ,subject to valid existing rights1 after the date of the enactment of the ,mining ,waste1 ,fraud1 and ,abuse ,prevention ,act of #bjbe1 notwithstanding the reference to common varieties in subsection 7a7 and to the exception to such term relating to a deposit of materials with some property giving it distinct and special value1 all deposits of mineral materials referred to in such subsection1 including the block pumice referred to in such subsection1 shall be subject to disposal only under the terms and conditions of the ,materials ,act of #aidg 7#cj ,u4,s4,c4 #fja-fjc74 7#b7 ,for purposes of paragraph 7#a71 the term valid existing rights means that a mining claim located for any such mineral material-- 7,a7 had and still has some property giving it the distinct and special value referred to in subsection 7a71 or as the case may be1 met the definition of block pumice referred to in such subsection2 7,b7 was properly located and maintained under the general mining laws before the date of the enactment of the ,mining ,waste1 ,fraud1 and ,abuse ,prevention ,act of #bjbe2 and 7,c7 was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws as in effect immediately before the date of the enactment of the ,mining ,waste1 ,fraud1 and ,abuse ,prevention ,act of #bjbe4 4 7b7 ,mineral materials disposal clarification ,section #d of the ,act of ,july #bc1 #aiee1 commonly known as the ,surface ,resources ,act of #aiee 7#cj ,u4,s4,c4 #fab71 is amended-- 7#a7 in subsection 7b71 by inserting and mineral material after vegetative2 and 7#b7 in subsection 7c71 by inserting and mineral material after vegetative4 7c7 ,conforming amendment ,section #a of the ,act of ,july #ca1 #aidg1 entitled ,an ,act to provide for the disposal of materials on the public lands of the ,united ,states 7#cj ,u4,s4,c4 #fja et seq47 is amended by striking common varieties of in the first sentence4 7d7 ,short titles 7#a7 ,surface resources ,the ,act of ,july #bc1 #aiee1 is amended by adding at the end the following3 #h4 ,this ,act may be cited as the ,surface ,resources ,act of #aiee4 4 7#b7 ,mineral materials ,the ,act of ,july #ca1 #aidg1 entitled ,an ,act to provide for the disposal of materials on the public lands of the ,united ,states 7#cj ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following3 #e4 ,this ,act may be cited as the ,materials ,act of #aidg4 4 7e7 ,repeals ,subject to valid existing rights1 the following are repealed3 7#a7 ,the ,act of ,august #d1 #ahib1 commonly known as the ,building ,stone ,act 7chapter #cge2 #bg ,stat4 #cdh2 #cj ,u4,s4,c4 #afa74 7#b7 ,the ,act of ,january #ca1 #aija1 commonly known as the ,saline ,placer ,act 7chapter #ahf2 #ca ,stat4 #gde2 #cj ,u4,s4,c4 #afb74 #ead4 ,effective date ,this ,act shall take effect on the date of the enactment of this ,act1 except as otherwise provided in this ,act4