[House Report 116-467]
[From the U.S. Government Publishing Office]


116th Congress  }                                            {    Report
                         HOUSE OF REPRESENTATIVES
 2d Session     }                                            {   116-467

======================================================================



 
              HARDROCK LEASING AND RECLAMATION ACT OF 2019

                                _______
                                

 August 4, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

               DISSENTING AND ADDITIONAL DISSENTING VIEWS

                        [To accompany H.R. 2579]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2579) to modify the requirements applicable to 
locatable minerals on public domain lands, consistent with the 
principles of self-initiation of mining claims, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Hardrock Leasing and 
Reclamation Act of 2019''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
Sec. 3. Application rules.

         TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT

Sec. 101. Closure to entry and location.
Sec. 102. Limitation on patents.
Sec. 103. Prospecting license and hardrock leases.
Sec. 104. Competitive leasing.
Sec. 105. Small miners leases.
Sec. 106. Lands containing nonhardrock minerals; other uses.
Sec. 107. Royalty.
Sec. 108. Existing production.
Sec. 109. Hardrock mining claim maintenance fee.
Sec. 110. Effect of payments for use and occupancy of claims.
Sec. 111. Protection of special places.
Sec. 112. Suitability determination.

                    TITLE II--CONSULTATION PROCEDURE

Sec. 201. Requirement for consultation.
Sec. 202. Timing.
Sec. 203. Scoping stage consultation.
Sec. 204. Decision stage procedures.
Sec. 205. Documentation and reporting.
Sec. 206. Implementation.
Sec. 207. Sensitive Tribal information.

  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

Sec. 301. General standard for hardrock mining on Federal land.
Sec. 302. Permits.
Sec. 303. Exploration permit.
Sec. 304. Operations permit.
Sec. 305. Persons ineligible for permits.
Sec. 306. Financial assurance.
Sec. 307. Operation and reclamation.
Sec. 308. State law and regulation.

             TITLE IV--ABANDONED HARDROCK MINE RECLAMATION

Sec. 401. Establishment of Fund.
Sec. 402. Contents of Fund.
Sec. 403. Displaced material reclamation fee.
Sec. 404. Use and objectives of the Fund.
Sec. 405. Eligible lands and waters.
Sec. 406. Authorization of appropriations.

                     TITLE V--ADDITIONAL PROVISIONS

Sec. 501. Policy functions.
Sec. 502. User fees and inflation adjustment.
Sec. 503. Inspection and monitoring.
Sec. 504. Citizens suits.
Sec. 505. Administrative and judicial review.
Sec. 506. Reporting requirements.
Sec. 507. Enforcement.
Sec. 508. Regulations.
Sec. 509. Oil shale claims.
Sec. 510. Savings clause.
Sec. 511. Availability of public records.
Sec. 512. Miscellaneous powers.
Sec. 513. Mineral materials.
Sec. 514. Effective date.

SEC. 2. DEFINITIONS AND REFERENCES.

  (a) In General.--As used in this Act:
          (1) The term ``adjacent land'' means any land not more than 
        two miles from the boundary of a described land tract.
          (2) The term ``affiliate'' means, with respect to any person, 
        any of the following:
                  (A) Any person who controls, is controlled by, or is 
                under common control with such person.
                  (B) Any partner of such person.
                  (C) Any person owning at least 10 percent of the 
                voting shares of such person.
          (3) The term ``agency'' means any authority of the United 
        States that is an ``agency'' under section 3502(1) of title 44, 
        United States Code.
          (4) The term ``applicant'' means any person applying for a 
        permit, license, or lease under this Act or a modification to 
        or a renewal of a permit, license, or lease under this Act.
          (5) The term ``beneficiation'' means the crushing and 
        grinding of hardrock mineral ore and such processes as are 
        employed to free the mineral from other constituents, including 
        physical and chemical separation techniques.
          (6) The term ``casual use''--
                  (A) subject to subparagraphs (B) and (C), means 
                mineral activities that do not ordinarily result in any 
                disturbance of public lands and resources;
                  (B) includes collection of geochemical, rock, soil, 
                or mineral specimens using handtools, hand panning, or 
                nonmotorized sluicing; and
                  (C) does not include--
                          (i) the use of mechanized earth-moving 
                        equipment, suction dredging, or explosives;
                          (ii) the use of motor vehicles in areas 
                        closed to off-road vehicles;
                          (iii) the construction of roads or drill 
                        pads; and
                          (iv) the use of toxic or hazardous materials.
          (7) The term ``claim holder'' means a person holding a mining 
        claim, millsite claim, or tunnel site claim located under the 
        general mining laws and maintained in compliance with such 
        laws. Such term may include an agent of a claim holder.
          (8) The term ``control'' means having the ability, directly 
        or indirectly, to determine (without regard to whether 
        exercised through one or more corporate structures) the manner 
        in which an entity conducts mineral activities, through any 
        means, including ownership interest, authority to commit the 
        entity's real or financial assets, position as a director, 
        officer, or partner of the entity, or contractual arrangement.
          (9) The term ``crude ore'' means ore in its unprocessed form, 
        containing profitable amounts of the target mineral.
          (10) The term ``displaced material'' means any crude ore and 
        waste dislodged from its location at the time hardrock mineral 
        activities begin at a surface, underground, or in-situ mine.
          (11) The term ``exploration''--
                  (A) subject to subparagraphs (B) and (C), means 
                creating surface disturbance other than casual use, to 
                evaluate the type, extent, quantity, or quality of 
                minerals present;
                  (B) includes mineral activities associated with 
                sampling, drilling, and analyzing hardrock mineral 
                values; and
                  (C) does not include extraction of mineral material 
                for commercial use or sale.
          (12) The term ``Federal land'' means any land, and any 
        interest in land, that is owned by the United States, except 
        lands in the National Park System, Indian lands, and lands on 
        the Outer Continental Shelf.
          (13) The term ``Fund'' means the Hardrock Minerals 
        Reclamation Fund established by this Act.
          (14) The term ``Indian lands'' means lands held in trust for 
        the benefit of an Indian Tribe or individual or held by an 
        Indian Tribe or individual subject to a restriction by the 
        United States against alienation, or held by an Alaska Native 
        village, village corporation, or regional corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.).
          (15) The term ``Indian Tribe'' means any Indian Tribe, band, 
        nation, pueblo, or other organized group or community, 
        including any Alaska Native village, village corporation, or 
        regional corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), that is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
          (16) The term ``hardrock mineral''--
                  (A) subject to subparagraph (B), means any mineral 
                that was subject to location under the general mining 
                laws as of the date of enactment of this Act, and that 
                is not subject to disposition under--
                          (i) the Mineral Leasing Act (30 U.S.C. 181 et 
                        seq.);
                          (ii) the Geothermal Steam Act of 1970 (30 
                        U.S.C. 1001 et seq.);
                          (iii) the Act of July 31, 1947, commonly 
                        known as the Materials Act of 1947 (30 U.S.C. 
                        601 et seq.); or
                          (iv) the Mineral Leasing for Acquired Lands 
                        Act (30 U.S.C. 351 et seq.); and
                  (B) does not include any mineral that is subject to a 
                restriction against alienation imposed by the United 
                States and is--
                          (i) held in trust by the United States for 
                        any Indian or Indian Tribe, as defined in 
                        section 2 of the Indian Mineral Development Act 
                        of 1982 (25 U.S.C. 2101); or
                          (ii) owned by any Indian or Indian Tribe, as 
                        defined in that section.
          (17) The term ``mineral activities'' means any activity on a 
        mining claim, millsite claim, or tunnel site claim, or a lease, 
        license, or permit issued under this Act, for, related to, or 
        incidental to, mineral exploration, mining, beneficiation, 
        processing, or reclamation activities for any hardrock mineral.
          (18) The term ``memorandum of agreement'' means a document 
        that records the terms and conditions agreed upon by an agency 
        and an Indian Tribe through the consultation process regarding 
        an activity.
          (19) The term ``National Conservation System unit'' means any 
        unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, National 
        Wilderness Preservation System, National Landscape Conservation 
        System, or National Trails System, or a National Conservation 
        Area, a National Recreation Area, a Wilderness Study Area, a 
        National Monument, or any unit of the National Wilderness 
        Preservation System or lands within the National Forest System, 
        including:
                  (A) National Volcanic Monuments.
                  (B) Recreation Areas, Scenic Recreation Areas, and 
                Winter Recreation Areas.
                  (C) Scenic Areas, Scenic-Research Areas, Scenic 
                Highways, National Scenic and Wildlife Areas.
                  (D) National Game and Wildlife Preserves.
                  (E) Special Management, Wildlife, Conservation and 
                Protection Areas, including botanical, hydrological 
                (watershed), geological, historical, paleontological, 
                and zoological areas.
                  (F) Experimental Forests, Ranges, and Watersheds.
                  (G) Research Sites and Research Natural Areas.
                  (H) Inventoried Roadless Area, Colorado Roadless 
                Area, and Idaho Roadless Area.
                  (I) Recommended Wilderness and Primitive Areas.
          (20) The term ``operator'' means any person proposing or 
        authorized by a permit issued under this Act to conduct mineral 
        activities and any agent of such person.
          (21) The term ``person'' means an individual, Indian Tribe, 
        partnership, association, society, joint venture, joint stock 
        company, firm, company, corporation, cooperative, or other 
        organization and any instrumentality of State or local 
        government including any publicly owned utility or publicly 
        owned corporation of State or local government.
          (22) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare locatable mineral ore into 
        the final marketable product, including smelting and 
        electrolytic refining.
          (23) The term ``sacred site'' means any specific delineated 
        location on Federal land that is identified by an Indian 
        Tribe--
                  (A) as sacred by virtue of its established religious 
                significance to, or ceremonial use by, an Indian 
                religion; or
                  (B) to be of established cultural significance.
          (24) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
          (25) The term ``Secretary concerned'' means--
                  (A) the Secretary of Agriculture (acting through the 
                Chief of the Forest Service) with respect to National 
                Forest System land; and
                  (B) the Secretary of the Interior (acting through the 
                Director of the Bureau of Land Management) with respect 
                to other Federal land.
          (26)(A) The term ``small miner'' means a person (including 
        all related parties thereto) that--
                  (i) holds not more than 10 mining claims, mill sites, 
                or tunnel sites, or any combination thereof, on public 
                lands;
                  (ii) holds leases and permits under this Act with 
                respect to not more than 200 acres of Federal land;
                  (iii) 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 $50,000; and
                  (iv) has performed assessment work required under the 
                Mining Law of 1872 (30 U.S.C. 28 et seq.) to maintain 
                any mining claims held by the person (including such 
                related parties) for the assessment year ending on noon 
                of September 1 of the calendar year in which payment of 
                the claim maintenance fee was due.
          (B) For purposes of subparagraph (A), with respect to any 
        person, the term ``all related parties'' means--
                  (i) the spouse and dependent children (as defined in 
                section 152 of the Internal Revenue Code of 1986), of 
                the person concerned; or
                  (ii) a person affiliated with the person concerned, 
                including--
                          (I) another person controlled by, 
                        controlling, or under common control with the 
                        person concerned; or
                          (II) a subsidiary or parent company or 
                        corporation of the person concerned.
          (C) For purposes of subparagraph (A)(iii), the dollar amount 
        shall be applied, for a person, to the aggregate of all annual 
        gross income from mineral production under all mining claims 
        held by or assigned to such person or all related parties with 
        respect to such person, including mining claims located or for 
        which a patent was issued before the date of the enactment of 
        this Act.
          (27) The term ``temporary cessation'' means a halt in mine-
        related production activities for a continuous period of no 
        longer than 5 years.
          (28) The term ``ton'' means 2,000 pounds avoirdupois (.90718 
        metric ton).
          (29) The term ``undue degradation'' means irreparable harm to 
        significant scientific, cultural, or environmental resources on 
        public lands.
          (30) The term ``valuable mineral deposit'' means a deposit of 
        hardrock minerals that is of sufficient value for a prudent 
        operator to economically mine.
          (31) The term ``waste'' means rock that must be fractured and 
        removed in order to gain access to crude ore.
  (b) References to Other Laws.--
          (1) General mining laws.--Any reference in this Act to the 
        term ``general mining laws'' is a reference to those Acts that 
        generally comprise chapters 2, 12A, and 16, and sections 161 
        and 162, of title 30, United States Code.
          (2) Act of july 23, 1955.--Any reference in this Act to the 
        Act of July 23, 1955, is a reference to the Act entitled ``An 
        Act to amend the Act of July 31, 1947 (61 Stat. 681) and the 
        mining laws to provide for multiple use of the surface of the 
        same tracts of the public lands, and for other purposes'' (30 
        U.S.C. 601 et seq.).

SEC. 3. APPLICATION RULES.

  (a) In General.--This Act applies to any mining claim, millsite 
claim, or tunnel site claim located under the general mining laws, 
before or on the date of enactment of this Act.
  (b) Application of Act to Beneficiation and Processing of Non-Federal 
Minerals on Federal Lands.--The provisions of this Act shall apply in 
the same manner and to the same extent to mining claims, millsite 
claims, tunnel site claims, and any land included in a lease or license 
issued under this Act, used for beneficiation or processing activities 
for any hardrock mineral.

         TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT

SEC. 101. CLOSURE TO ENTRY AND LOCATION.

  (a) Closure.--Except as otherwise provided in this section, as of the 
effective date of this Act all Federal lands are closed to entry and 
location under the general mining laws, and no new rights under the 
general mining laws may be acquired.
  (b) Existing Nonproducing Claims.--
          (1) 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 approved, or a notice of 
        operations is not filed, before such date shall be subject to 
        the requirements of this Act, and may remain in effect until 
        not later than the end of the 10-year period beginning on the 
        date of enactment of this Act if the claimholder remains in 
        compliance with section 109, unless the claim holder--
                  (A) relinquishes the claim; or
                  (B) demonstrates eligibility for a lease and requests 
                conversion under the regulations issued under 
                subsection (d).
          (2) Shortening of period.--The 10-year period referred to in 
        paragraph (1) shall be shortened to 3 years if--
                  (A) 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 Act; or
                  (B) the claim belongs to a small miner.
          (3) Conversion.--Upon showing to the satisfaction of the 
        Secretary of a valuable mineral deposit on lands subject to 
        such a claim, the Secretary may convert the claim to a 
        noncompetitive lease under the regulations issued under 
        subsection (d).
          (4) Claims not converted.--Any such claims not converted to 
        leases at the end of the applicable period under paragraph (1) 
        or (2) shall be considered invalid and void.
  (c) Existing Claims With Plan of Operation.--
          (1) In general.--In the case of any claim under the general 
        mining laws for which a plan of operations has been approved 
        but for which operations have not commenced before the date of 
        enactment of this Act--
                  (A) during the 10-year period beginning on the date 
                of enactment of this Act--
                          (i) mineral activities on lands subject to 
                        such claim shall be subject to such plan of 
                        operations; and
                          (ii) modification of such plan may be made in 
                        accordance with the provisions of law 
                        applicable before the date of the enactment of 
                        this Act if such modifications are considered 
                        minor by the Secretary concerned; and
                  (B) the operator shall bring such mineral activities 
                into compliance with this Act by the end of such 10-
                year period.
          (2) Activities pending decision on modification to plan of 
        operations.--If an application for modification of a plan of 
        operations referred to in paragraph (1)(A)(ii) has been timely 
        submitted and an approved plan expires before the Secretary 
        concerned takes action on the application, mineral activities 
        and reclamation may continue in accordance with the terms of 
        the expired plan until such Secretary makes an administrative 
        decision on the application.
          (3) Conversion requirement.--Any claims referred to in 
        paragraph (1) may remain in effect for a period of up to 10 
        years. Any claim not converted to a lease under subsection (d) 
        before the end of that period shall be subject to a fee of $100 
        per acre per day until the claim is converted to a lease.
  (d) Conversion Regulations.--
          (1) In general.--The Secretary shall issue regulations not 
        later than one year after the date of the enactment of this Act 
        to provide for the conversion of mining claims to 
        noncompetitive mining leases.
          (2) Content.--The regulations issued under paragraph (1) 
        shall--
                  (A) prohibit the conversion of a mining claim to a 
                mining lease by a claimholder who is in violation of 
                this Act or other State or Federal environmental, 
                health, or worker safety law;
                  (B) allow the Secretary to exercise discretion to 
                include nonmineral lands within the boundaries of any 
                mill site associated with the mining claim to be 
                converted to a noncompetitive lease;
                  (C) prohibit the area in any noncompetitive mining 
                lease issued under this subsection to exceed the 
                maximum area authorized by this Act to be leased to any 
                person;
                  (D) require the consent of the surface managing 
                agency for conversion of a mining claim to a 
                noncompetitive mining lease;
                  (E) require the fiscal terms of the converted 
                noncompetitive mining lease to be the same as provided 
                in this Act for other hardrock mining leases;
                  (F) require compliance with all provisions of this 
                Act; and
                  (G) include any other terms the Secretary considers 
                appropriate.
  (e) National Environmental Policy Act.--The Secretary is not required 
to conduct an environmental analysis under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance of a 
noncompetitive lease under this section, unless the noncompetitive 
lease modifies or extends the surface disturbance already authorized 
under a mine plan of operations covering the mining claim that is 
converted.

SEC. 102. LIMITATION ON PATENTS.

  (a) Mining Claims.--
          (1) Determinations required.--After the date of enactment of 
        this Act, no patent shall be issued by the United States for 
        any mining claim located under the general mining laws unless 
        the Secretary determines that, for the claim concerned--
                  (A) a patent application was filed with the Secretary 
                on or before September 30, 1994; and
                  (B) all requirements established under sections 2325 
                and 2326 of the Revised Statutes (30 U.S.C. 29 and 30), 
                in the case of a vein or lode claim, or sections 2329, 
                2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 
                35, 36, and 37), in the case of a placer claim, were 
                fully complied with by that date.
          (2) Right to patent.--If the Secretary makes the 
        determinations referred to in subparagraphs (A) and (B) of 
        paragraph (1) for any mining claim, the holder of the claim 
        shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless such 
        determinations are withdrawn or invalidated by the Secretary or 
        by a court of the United States.
  (b) Millsite Claims.--
          (1) Determinations required.--After the date of enactment of 
        this Act, no patent shall be issued by the United States for 
        any millsite claim located under the general mining laws unless 
        the Secretary determines that for such millsite--
                  (A) a patent application for the land subject to such 
                claim was filed with the Secretary on or before 
                September 30, 1994; and
                  (B) all requirements applicable to such patent 
                application were fully complied with before that date.
          (2) Right to patent.--If the Secretary makes the 
        determinations described in subparagraphs (A) and (B) of 
        paragraph (1) for any millsite claim, the holder of the claim 
        shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless such 
        determinations are withdrawn or invalidated by the Secretary or 
        by a court of the United States.

SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES.

  (a) In General.--No person may conduct mineral prospecting for 
commercial purposes for any hardrock mineral on Federal lands without a 
prospecting license or a small miners lease.
  (b) Prospecting Licenses.--
          (1) In general.--The Secretary may, under such rules and 
        regulations as the Secretary may prescribe and with the 
        concurrence of the relevant surface management agency, grant an 
        applicant a prospecting license that shall give the exclusive 
        right to prospect for specified hardrock minerals on Federal 
        lands for a period of not exceeding two years.
          (2) Maximum area.--The area subject to such a license shall 
        not exceed 2,560 acres of land, in reasonably compact form.
          (3) License application fee.--The Secretary shall charge a 
        fee for each license application to cover the costs of 
        processing the license, and the license shall be subject to 
        annual rentals equal to $10 per acre per year.
          (4) Terms and conditions.--A prospecting license must conform 
        with the terms and conditions of a comprehensive land use plan 
        approved under the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et 
        seq.). For areas where a comprehensive land use plan treating 
        hardrock mining as a multiple-use activity has not been 
        completed, the Secretary concerned shall ensure that the land 
        to be covered by the license is suitable for mineral 
        activities.
          (5) Extension.--A prospecting license may be extended for up 
        to an additional four years upon a showing by the licensee that 
        the licensee explored with reasonable diligence and was unable 
        to determine the existence and workability of a valuable 
        deposit covered by the license, or that the failure to perform 
        diligent prospecting activities was due to conditions beyond 
        the licensee's control.
  (c) Noncompetitive Leases.--
          (1) In general.--Upon a showing to the satisfaction of the 
        Secretary by a prospecting licensee under subsection (a) that a 
        valuable deposit of a hardrock mineral has been discovered by 
        the licensee within an area covered by the prospecting license 
        and with the consent of the surface agency, the licensee shall 
        be entitled to a lease for any or all of the land included in 
        the prospecting license, as well as any nonmineral lands 
        necessary for processing or milling operations, at a royalty of 
        no less than 12.5 percent of the gross value of production of 
        hardrock minerals or mineral concentrates or products derived 
        from hardrock minerals under the lease. Rentals for such lease 
        shall be set by the Secretary at no less than $10 per acre per 
        year, with rentals paid in any one year credited against 
        royalties accruing for that year. The recipient of such lease 
        is not entitled to an operations permit.
          (2) Lease period.--
                  (A) In general.--A lease under this section shall be 
                for a period of 20 years, with the right to renew for 
                successive periods of 10 years if hardrock minerals are 
                being produced in commercial quantities under the 
                lease.
                  (B) Extension during nonproduction.--If hardrock 
                minerals are not being produced in commercial 
                quantities at the end of the primary term or any 
                subsequent term of such a lease, the Secretary may 
                issue a 10-year extension of the lease in the interest 
                of conservation, reclamation maintenance, or upon a 
                successful showing by the lessee that the lease cannot 
                be successfully operated at a profit or for other 
                reasons. No more than one extension under this 
                subparagraph may be issued.
  (d) Cumulative Acreage Limitation.--No person may take, hold, own, or 
control at one time, whether acquired directly from the Secretary under 
this Act or otherwise, hardrock mining leases or licenses for an 
aggregate of more than 20,480 acres in any one State.
  (e) Reduction of Royalty Rate.--
          (1) Subject to paragraph (2), The Secretary--
                  (A) may reduce the royalty rate for a lease upon a 
                showing by clear and convincing evidence by the person 
                conducting mineral activities under the lease that 
                production would not occur without the reduction in 
                royalty; and
                  (B) may reduce royalty and rental rates for a lease 
                to encourage exploration for and development of 
                hardrock minerals classified as strategic and critical 
                by the Department of Energy.
          (2) The Secretary may not reduce the royalty rate for a lease 
        pursuant to paragraph (1) to a royalty rate of less than 6.25 
        percent.
  (f) Protection of Land and Other Resources.--The Secretary may 
include in any lease or license issued under this Act such provisions 
as are necessary to adequately protect the lands and other resources in 
the vicinity of the area subject to the lease or license. For land not 
managed by the Department of the Interior, the Secretary shall consult 
with the appropriate surface management agency in formulating such 
provisions.

SEC. 104. COMPETITIVE LEASING.

  (a) In General.--Subject to sections 111 and 112, Federal lands known 
to contain valuable deposits of hardrock minerals that are not covered 
by claims, licenses, or leases may only be open to hardrock mineral 
exploration or development through competitive leasing by the Secretary 
by such methods the Secretary may adopt by regulation and in such areas 
as the Secretary may determine, including nonmineral lands the 
Secretary considers necessary for processing or milling operations. The 
total area of land subject to any such lease shall not exceed 2,560 
acres.
  (b) 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 103(c).

SEC. 105. SMALL MINERS LEASES.

  (a) In General.--The Secretary may issue small miners leases to 
qualified small miners that apply, under such rules and regulations as 
the Secretary may prescribe, including conditions to require diligent 
development of the lease and to ensure protection of surface resources 
and groundwater.
  (b) Exclusive Right.--A small miners lease shall give the leaseholder 
the exclusive right to prospect for hardrock minerals for 3 years on up 
to 200 acres of contiguous or non-contiguous Federal land.
  (c) Application Fee.--The Secretary shall charge a reasonable 
application fee for such a lease.
  (d) Rentals.--Rentals for such a lease shall be $5 per acre per year 
for the first 3 years.
  (e) Renewal.--Such leases may be renewed for additional 3-year 
periods, with no limit, with a $10 per acre per year rental charged for 
renewed leases.
  (f) Challenge.--Any individual may file a challenge with the 
Secretary that a leaseholder is in violation of the diligence terms of 
a small miners lease or does not qualify as a small miner. A small 
miners lease that is under such a challenge may not be renewed unless 
the Secretary has determined that the leaseholder is a small miner and 
is in compliance with all the terms of the lease.
  (g) No Royalties.--No royalties shall be charged for commercial 
production under a small miners lease.
  (h) Conversion of Existing Claims.--An existing claim, as of January 
1, 2019, that belongs to an individual that qualifies as a small miner 
may be converted to a small miners lease under the same terms and 
conditions that apply to other small miners leases, except that such 
lease--
          (1) shall not be subject to rental during the primary term of 
        the lease;
          (2) shall be subject to a rental of $5 per acre per year for 
        the first 3-year renewal of the lease; and
          (3) shall be subject to a rental of $10 per acre per year for 
        any subsequent 3-year renewal of the lease.
  (i) Limitations.--A small miners lease--
          (1) may only be held by the primary leaseholder, a spouse 
        thereof, or a direct descendent thereof;
          (2) may not be sold or transferred, other than to a spouse or 
        direct descendent of the primary leaseholder; and
          (3) is subject to all permitting requirements under this Act.
  (j) Conversion to Hardrock Mineral Lease.--If, with regards to a 
lease, the leaseholder no longer qualifies as a small miner at the time 
such leaseholder applies for a renewal of such lease, such leaseholder 
shall not be eligible to renew the small miners lease, but shall be 
eligible for a noncompetitive hardrock mineral lease issued under 
section 103(c). Notwithstanding section 103(c)(1), royalties under such 
a lease shall only be due on the gross income that exceeds the amount 
of gross income specified in such definition as of the time the 
hardrock mineral lease is issued.

SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; OTHER USES.

  (a) In General.--In issuing licenses and leases under this Act for 
lands that contain deposits of coal or other nonhardrock minerals, the 
Secretary shall reserve to the United States such nonhardrock minerals 
for disposal under applicable laws.
  (b) Other Uses of Licensed and Leased Lands.--
          (1) In general.--The Secretary shall promulgate regulations 
        to allow for other uses of the lands covered by a prospecting 
        license under this Act, including leases for other minerals, if 
        such other uses would not unreasonably interfere with 
        operations under the prospecting license.
          (2) Prospecting licenses.--The Secretary shall include in 
        such prospecting licenses such terms and conditions as the 
        Secretary finds necessary to avoid unreasonable interference 
        with other uses occurring on, or other leases of, the licensed 
        lands.
          (3) Leases.--The Secretary shall include in leases under this 
        Act stipulations to allow for simultaneous operations under 
        other leases for the same lands.

SEC. 107. ROYALTY.

  (a) Existing Production.--Production of hardrock minerals on Federal 
land under an operations permit from which valuable hardrock minerals 
were produced in commercial quantities before the date of the enactment 
of this Act, other than production under a small miners lease, shall be 
subject to a royalty established by the Secretary at no less than 8 
percent of the gross value of such production, or of mineral 
concentrates or products derived from hardrock minerals. Any Federal 
land added through a plan modification to an operations permit on 
Federal land that is submitted after the date of enactment of this Act 
shall be subject to a royalty established by the Secretary for such 
lease of no less than 12.5 percent of the gross value of production of 
hardrock minerals, or mineral concentrates or products derived from 
hardrock minerals.
  (b) Liability.--The claim or leaseholder, or any operator to whom the 
claim or lease holder has assigned the obligation to make royalty 
payments under the claim or lease and any person who controls such 
claim or lease holder or operator, shall be liable for payment of such 
royalties.
  (c) Disposition.--Of the revenues collected under this title, 
including rents, royalties, claim maintenance fees, interest charges, 
fines, and penalties--
          (1) 25 percent shall be paid to the State within the 
        boundaries of which the leased, licensed, or claimed lands, or 
        operations subject to such interest charges, fines, or 
        penalties are or were located; and
          (2) the remainder shall be deposited in the account 
        established under section 501.
  (d) Duties of Claim or Lease Holders, Operators, and Transporters.--
          (1) Regulation.--The Secretary shall prescribe by rule the 
        time and manner in which--
                  (A) a person who is required to make a royalty 
                payment under this section shall make such payment; and
                  (B) shall notify the Secretary of any assignment that 
                such person may have made of the obligation to make any 
                royalty or other payment under a mining claim or lease 
                under this title.
          (2) Written instrument.--Any person paying royalties under 
        this section shall file a written instrument, together with the 
        first royalty payment, 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 
        responsibility.
          (3) Additional amounts.--Such responsibility for the periods 
        referred to in paragraph (2) shall include any and all 
        additional amounts billed by the Secretary and determined to be 
        due by final agency or judicial action.
          (4) Joint and several liability.--Any person liable for 
        royalty payments under this section who assigns any payment 
        obligation shall remain jointly and severally liable for all 
        royalty payments due for the period.
          (5) Obligations.--A person conducting mineral activities 
        shall--
                  (A) develop and comply with the site security 
                provisions in the operations permit designed to protect 
                from theft the hardrock minerals, concentrates, or 
                products derived therefrom that are produced or stored 
                on the area subject to a mining claim or lease, and 
                such provisions shall conform with such minimum 
                standards as the Secretary may prescribe by rule, 
                taking into account the variety of circumstances on 
                areas subject to mining claims and leases; and
                  (B) not later than the 5th business day after 
                production begins anywhere on an area subject to a 
                mining claim or lease, or production resumes after more 
                than 90 days after production was suspended, notify the 
                Secretary, in the manner prescribed by the Secretary, 
                of the date on which such production has begun or 
                resumed.
          (6) Required documentation.--The Secretary may by rule 
        require any person engaged in transporting a hardrock mineral, 
        concentrate, or product derived therefrom to carry on his or 
        her person, in his or her vehicle, or in his or her immediate 
        control, documentation showing, at a minimum, the amount, 
        origin, and intended destination of the hardrock mineral, 
        concentrate, or product derived therefrom in such circumstances 
        as the Secretary determines is appropriate.
  (e) Recordkeeping and Reporting Requirements.--
          (1) In general.--A claim or lease holder, operator, or other 
        person directly involved in developing, producing, processing, 
        transporting, purchasing, or selling hardrock minerals, 
        concentrates, or products derived therefrom, subject to this 
        Act, through the point of royalty computation shall establish 
        and maintain any records, make any reports, and provide any 
        information that the Secretary may reasonably require for the 
        purposes of implementing this section or determining compliance 
        with rules or orders under this section. Such records shall 
        include periodic reports, records, documents, and other data. 
        Such reports may also include pertinent technical and financial 
        data relating to the quantity, quality, composition volume, 
        weight, and assay of all minerals extracted from the mining 
        claim or lease.
          (2) Availability for inspection.--Upon the request of any 
        officer or employee duly designated by the Secretary conducting 
        an audit or investigation pursuant to this section, the 
        appropriate records, reports, or information that may be 
        required by this section shall be made available for inspection 
        and duplication by such officer or employee.
          (3) Forfeiture.--Failure by a claim or lease holder, 
        operator, or other person referred to in the first sentence to 
        cooperate with such an audit, provide data required by the 
        Secretary, or grant access to information may, at the 
        discretion of the Secretary, result in involuntary forfeiture 
        of the claim or lease.
          (4) Maintenance of records.--Records required by the 
        Secretary under this section shall be maintained for 7 years 
        after release of financial assurance under section 306 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 period. In 
        any case when an audit or investigation is underway, records 
        shall be maintained until the Secretary releases the operator 
        of the obligation to maintain such records.
  (f) Audits.--The Secretary is authorized to conduct such audits of 
all claim or lease holders, operators, transporters, purchasers, 
processors, or other persons directly or indirectly involved in the 
production or sale of minerals covered by this Act, as the Secretary 
deems necessary for the purposes of ensuring compliance with the 
requirements of this section. For purposes of performing such audits, 
the Secretary shall, at reasonable times and upon request, have access 
to, and may copy, all books, papers and other documents that relate to 
compliance with any provision of this section by any person.
  (g) Cooperative Agreements.--
          (1) 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 
        minerals, concentrates, or products derived therefrom, to carry 
        out inspection, auditing, investigation, or enforcement (not 
        including the collection of royalties, civil or criminal 
        penalties, or other payments) activities under this section in 
        cooperation with the Secretary, and to carry out any other 
        activity described in this section.
          (2) Secretary of agriculture.--Except as provided in 
        paragraph (3), and pursuant to a cooperative agreement, the 
        Secretary of Agriculture shall, upon request, have access to 
        all royalty accounting information in the possession of the 
        Secretary respecting the production, removal, or sale of 
        hardrock minerals, concentrates, or products derived therefrom 
        from claims or leases on lands open to location under this Act.
          (3) Trade secrets.--Trade secrets, proprietary, and other 
        confidential information protected from disclosure under 
        section 552 of title 5, United States Code, shall be made 
        available by the Secretary to other Federal agencies as 
        necessary to assure compliance with this Act and other Federal 
        laws. The Secretary, the Secretary of Agriculture, the 
        Administrator of the Environmental Protection Agency, and other 
        Federal officials shall ensure that such information is 
        provided protection in accordance with the requirements of that 
        section.
  (h) Interest and Substantial Underreporting Assessments.--
          (1) Payments not received.--In the case of mining claims or 
        leases where royalty payments are not received by the Secretary 
        on the date that such payments are due, the Secretary shall 
        charge interest on such underpayments at the same interest rate 
        as the rate applicable under section 6621(a)(2) of the Internal 
        Revenue Code of 1986. In the case of an underpayment, interest 
        shall be computed and charged only on the amount of the 
        deficiency and not on the total amount.
          (2) 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 section, the Secretary shall assess a penalty of not 
        greater than 25 percent of the amount of that underreporting.
          (3) Self-reporting.--The Secretary may waive or reduce the 
        assessment provided in paragraph (2) of this subsection if the 
        person liable for royalty payments under this section corrects 
        the underreporting before the date such person receives notice 
        from the Secretary that an underreporting may have occurred, or 
        before 90 days after the date of the enactment of this section, 
        whichever is later.
          (4) Waiver.--The Secretary shall waive any portion of an 
        assessment under paragraph (2) of this subsection attributable 
        to that portion of the underreporting for which the person 
        responsible for paying the royalty demonstrates that--
                  (A) such person had written authorization from the 
                Secretary to report royalty on the value of the 
                production on basis on which it was reported;
                  (B) such person had substantial authority for 
                reporting royalty on the value of the production on the 
                basis on which it was reported;
                  (C) such person previously had notified the 
                Secretary, in such manner as the Secretary may by rule 
                prescribe, of relevant reasons or facts affecting the 
                royalty treatment of specific production which led to 
                the underreporting; or
                  (D) such person meets any other exception which the 
                Secretary may, by rule, establish.
          (5) Definition.--For the purposes of this subsection, 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 reported, if the value that should have been reported is 
        greater than the value that was reported.
          (6) Hardrock minerals reclamation fund.--All penalties 
        collected under this subsection shall be deposited in the 
        Hardrock Minerals Reclamation Fund established by this Act.
  (i) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on all hardrock minerals, concentrates, or products derived 
therefrom lost or wasted from a mining claim or lease when such loss or 
waste is due to negligence on the part of any person or due to the 
failure to comply with any rule, regulation, or order issued under this 
section.
  (j) Gross Income From Mining Defined.--For the purposes of this 
section, for any hardrock mineral, the term ``gross income from 
mining'' has the same meaning as the term ``gross income'' in section 
613(c) of the Internal Revenue Code of 1986.
  (k) Effective Date.--Royalties under this Act shall take effect with 
respect to the production of hardrock minerals after the enactment of 
this Act, but any royalty payments attributable to production during 
the first 12 calendar months after the enactment of this Act shall be 
payable at the expiration of such 12-month period.
  (l) Failure To Comply With Royalty Requirements.--Any person who 
fails to comply with the requirements of this section or any regulation 
or order issued to implement this section shall be liable for a civil 
penalty under section 109 of the Federal Oil and Gas Royalty Management 
Act (30 U.S.C. 1719) to the same extent as if the claim or lease 
maintained in compliance with this Act were a lease under such Act.

SEC. 108. EXISTING PRODUCTION.

  The holder of a mining claim located or converted under this Act for 
which mineral activities have already commenced under an approved plan 
of operations as of the date of enactment of this Act shall have the 
exclusive right of possession and use of the claimed land for mineral 
activities, including the right of ingress and egress to such claimed 
lands for such activities, subject to the rights of the United States 
under this Act and other applicable Federal law. Such rights of the 
claim holder shall terminate upon completion of mineral activities on 
such lands to the satisfaction of the Secretary.

SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE.

  (a) Fee.--
          (1) In general.--
                  (A) Required fees.--Except as provided in section 
                2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C. 
                242), or as otherwise provided in this Act, for each 
                unpatented mining claim, mill, or tunnel site on 
                federally owned lands, whether located before or on the 
                date of enactment of this Act, each claimant shall pay 
                to the Secretary, on or before August 31 of each year, 
                a claim maintenance fee of $200 per claim to hold such 
                unpatented mining claim, mill or tunnel site for the 
                assessment year beginning at noon on the next day, 
                September 1. Such claim maintenance fee shall be in 
                lieu of the assessment work requirement contained in 
                the Mining Law of 1872 (30 U.S.C. 28 et seq.) and the 
                related filing requirements contained in section 314 
                (a) and (c) of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1744 (a) and (c)).
                  (B) Fee adjustments.--Any adjustment to the fees 
                under this subsection under section 502 shall begin to 
                apply the calendar year following the calendar year in 
                which such adjustment is made.
                  (C) Exception for small miners.--Subparagraph (A) and 
                the assessment work requirement contained in the Mining 
                Law of 1872 (30 U.S.C. 28 et seq.) shall not apply with 
                respect to any claim held by a small miner.
          (2) Moneys received under this subsection that are not 
        otherwise allocated for the administration of the mining laws 
        by the Department of the Interior shall be deposited in the 
        Hardrock Minerals Reclamation Fund established by section 401.
  (b) Co-Ownership.--The co-ownership provisions of the Mining Law of 
1872 (30 U.S.C. 28 et seq.) shall remain in effect except that the 
annual claim maintenance fee, where applicable, shall replace 
applicable assessment requirements and expenditures.
  (c) Failure To Pay.--Failure to pay the claim maintenance fee as 
required by subsection (a) shall conclusively constitute a forfeiture 
of the unpatented mining claim, mill or tunnel site by the claimant and 
the claim shall be deemed null and void by operation of law.
  (d) Other Requirements.--
          (1) Required filings.--Nothing in this section shall change 
        or modify the requirements of section 314(b) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or 
        the requirements of section 314(c) of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1744(c)) related to 
        filings required by section 314(b), which remain in effect.
          (2) Mining law of 1872.--Section 2324 of the Revised Statutes 
        of the United States (30 U.S.C. 28) is amended by inserting 
        ``or section 103(a) of the Hardrock Leasing and Reclamation Act 
        of 2019'' after ``Act of 1993''.

SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.

  Except as otherwise provided in section 101, timely payment of the 
claim maintenance fee required by section 109 or any related law 
relating to the use of Federal land, asserts the claimant's authority 
to use and occupy the Federal land concerned for prospecting and 
exploration, consistent with the requirements of this Act and other 
applicable law.

SEC. 111. PROTECTION OF SPECIAL PLACES.

  (a) Protection of National Park System Units and National 
Monuments.--No permit shall be issued under this Act that authorizes 
mineral activities that would impair the land or resources of a unit of 
the National Park System or a national monument. For purposes of this 
subsection, the term ``impair'' includes any diminution of the affected 
land including wildlife, scenic assets, water resources, air quality, 
and acoustic qualities, or other changes that would impair a citizen's 
experience at the National Park System unit or a national monument.
  (b) Protection of Conservation Areas.--In order to protect the 
resources and values of National Conservation System units, the 
Secretary, as appropriate, shall utilize authority under this Act and 
other applicable law to the fullest extent necessary to prevent mineral 
activities that could have an adverse impact on the resources or values 
for which such units were established.
  (c) Lands Not Open to Mining.--Notwithstanding any other provision of 
law and subject to valid existing rights, no hardrock mining activity 
shall be allowed in any of the following:
          (1) Sacred sites.
          (2) Wilderness study areas.
          (3) Designated critical habitat.
          (4) Areas of critical environmental concern.
          (5) Units of the National Conservation System.
          (6) Areas designated for inclusion in the National Wild and 
        Scenic Rivers System pursuant to the Wild and Scenic Rivers Act 
        (16 U.S.C. 1271 et seq.), areas designated for potential 
        addition to such system pursuant to section 5(a) of that Act 
        (16 U.S.C. 1276(a)), and areas determined to be eligible for 
        inclusion in such system pursuant to section 5(d) of such Act 
        (16 U.S.C. 1276(d)).
          (7) Inventoried Roadless Areas under the Roadless Area 
        Conservation Rule, part 294 of title 36, Code of Federal 
        Regulations, Colorado Roadless Areas, or Idaho Roadless Areas.

SEC. 112. SUITABILITY DETERMINATION.

  (a) In General.--The Secretary concerned shall make each 
determination of whether lands are suitable for mineral activities that 
is otherwise required by this Act, in accordance with subsection (b).
  (b) Suitability.--
          (1) In general.--The Secretary concerned shall consider lands 
        suitable for mineral activities if the Secretary concerned 
        finds that such activities would not result in undue 
        degradation to a special characteristic described in paragraph 
        (2) that cannot be prevented by the imposition of conditions in 
        the permit required for such activities under title III.
          (2) Special characteristics.--For purposes of paragraph (1) 
        the Secretary concerned shall consider each of the following to 
        be a special characteristic:
                  (A) The existence of a significant water resource or 
                supply in or associated with such lands, including any 
                aquifer or aquifer recharge area.
                  (B) The presence on such lands, or any adjacent land, 
                of a publicly owned place that is listed on, or 
                determined by the Secretary of the Interior to be 
                eligible for listing on, the National Register of 
                Historic Places.
                  (C) The designation of all or any portion of such 
                lands, or any adjacent land, as a National Conservation 
                System unit.
                  (D) The designation of all or any portion of such 
                lands, or any adjacent land, as critical habitat under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                  (E) The designation of all or any portion of such 
                lands, or any adjacent land, as a class I area under 
                section 162 of the Clean Air Act (42 U.S.C. 7472).
                  (F) The presence of such other resource values as the 
                Secretary concerned may by rule specify, determined 
                based upon field testing, evaluation, or credible 
                information that verifies such values.
                  (G) The designation of such lands, or adjacent land, 
                as a Research Natural Area.
                  (H) The presence on such lands, or any adjacent land, 
                of a sacred site.
                  (I) The presence or designation of such lands 
                adjacent to lands not open to mining pursuant to 
                section 111.
          (3) 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 60 days.
          (4) Any determination made in accordance with this subsection 
        with respect to lands shall be incorporated into each Federal 
        land use plan applicable to such lands, at the time such plan 
        is adopted, revised, or significantly amended pursuant to any 
        Federal law other than this Act.
  (c) Change Request.--The Secretary concerned shall, by rule, provide 
for an opportunity for any person to request a change in determination 
for any Federal land found suitable under subsection (a).
  (d) Existing Operations.--Nothing in this section shall be construed 
as affecting lands on which mineral activities were being conducted on 
the date of enactment of this Act under an approved plan of operations 
or under notice.

                    TITLE II--CONSULTATION PROCEDURE

SEC. 201. REQUIREMENT FOR CONSULTATION.

  (a) Scope.--Agencies shall ensure meaningful and timely consultation 
with Indian Tribes and Tribal officials prior to undertaking any 
mineral activities that may have substantial direct, indirect, or 
cumulative impacts on--
          (1) the lands, including allotted, ceded, or traditional 
        lands, or interests of an Indian Tribe or a member of an Indian 
        Tribe;
          (2) any part of any Federal land that shares a border with 
        Indian country, as such term is defined in section 1151 of 
        title 18, United States Code;
          (3) the relationship between the Federal Government and an 
        Indian Tribe; or
          (4) the distribution of power and responsibilities between 
        the Federal Government and an Indian Tribe.
  (b) Multiagency Mineral Activities.--If more than one agency is 
involved in a mineral activity, some or all of the agencies may 
designate a lead agency, which shall be responsible for fulfilling the 
consultation required under subsection (a). an agency that does not 
designate a lead agency shall remain individually responsible for the 
consultation required under subsection (a). All agencies involved in 
the mineral activity shall remain involved in and engaged with the 
consultation process regardless of whether or not a lead agency has 
been designated.
  (c) Limitation.--Nothing in this Act shall exempt an agency from 
additional consultation required under any other law or from taking any 
other consultative actions as required by any other law or agency 
prerogative in addition to those required by this Act. Nor does it 
preclude an agency from additional consultation that complies with 
agency regulations for consultation, advances agency consultation 
practices, or supports agency efforts to build or strengthen 
government-to-government relationships with an Indian Tribe.
  (d) Temporary Waiver.--
          (1) In general.--The agency may temporarily waive the 
        requirements of this title in all or any portion of any 
        emergency area during all or any portion of an emergency 
        period.
          (2) Duration of waiver.--A temporary waiver under this 
        subsection shall end upon the termination of the applicable 
        emergency period.
          (3) Definitions.--For the purposes of this subsection--
                  (A) the term ``emergency area'' means a geographical 
                area in which there exists an emergency or disaster 
                declared by the President pursuant to the National 
                Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5121 et seq.); and
                  (B) the term ``emergency period'' means the period 
                during which there exists an emergency or disaster 
                declared by the President pursuant to the National 
                Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5121 et seq.).

SEC. 202. TIMING.

  Consultation under sections 203 and 204 shall be completed before any 
Federal funds are expended for the mineral activity and before the 
issuance of any license.

SEC. 203. SCOPING STAGE CONSULTATION.

  (a) Planning Document.--As early as possible in the planning stage of 
a mineral activity, the agency shall compile a draft of the scope of 
the project. The agency shall make a reasonable and good faith effort, 
consistent with section 800.4(b)(1) of title 36, Code of Federal 
Regulations, as such regulation was in effect on July 6, 2004, to 
identify areas that contain sites important to Indian Tribes whether or 
not such sites are explicitly known to the agency. The agency shall 
make a reasonable and good faith effort to identify any geographic 
areas important to Indian Tribes that might be affected and any other 
anticipated impacts to Tribal interests.
  (b) Initial Consultation Contact.--The agency--
          (1) shall send, via United States mail and, if possible, 
        email, a copy of the planning document and a letter requesting 
        consultation meetings to the relevant Tribal Government 
        officials, including the Tribal leader and all members of any 
        elected Tribal governing body, relevant Tribal governmental 
        agencies (including the Tribal Historic Preservation Officer or 
        cultural resource manager), owners of individual allotments, 
        other stakeholders identified by the Tribe, and relevant non-
        Tribal stakeholders (including the State Historic Preservation 
        Officer and local governments that have jurisdiction on any 
        affected land via agreement with the agency); and
          (2) shall follow up with phone calls to confirm receipt of 
        the documents by all intended recipients.
  (c) Consultation Meeting Arrangements.--The agency shall negotiate 
with the affected Indian Tribes to determine the time, place, agenda, 
travel funds, facilitator, format, and goals of a consultation meeting. 
The agency shall keep thorough documentation of all steps taken to 
contact and engage the affected Indian Tribes in consultation. If, 
after a good faith effort, the agency fails to engage the affected 
Indian Tribes, it may terminate its scoping stage consultation efforts 
by providing all consultation partners with a written notification and 
explanation for its decision to end scoping stage consultation efforts, 
signed by the head of the agency, and proceed to the decision stage 
procedures described in section 204. A good faith effort to consult 
must involve consistent and sustained efforts to contact and engage 
with the appropriate-level officials via the available channels of 
communication (United States mail, e-mail, and telephone).
  (d) Scoping Stage Consultation Meeting.--A scoping stage consultation 
meeting shall begin with confirmation of the format, facilitator, and 
agenda, with adequate time scheduled for introductions and for 
interaction throughout the meeting among participants. Whenever 
possible, Tribal stakeholders (such as allottees or interested Tribal 
members) shall be brought into the on-going planning process directly 
by forming ad hoc workgroups (including Tribal leaders or their 
designees) and, if appropriate, initiating a process for consensual 
development of regulations, such as negotiated rulemaking. A scoping 
stage consultation meeting shall conclude with planning for the next 
meeting, if necessary.
  (e) Termination of Scoping Stage Consultation With a Memorandum of 
Agreement.--
          (1) Termination.--Except as provided by subsection (c), 
        scoping stage consultation shall terminate upon the execution 
        of a memorandum of agreement signed by the head of the agency 
        and the affected Indian Tribes.
          (2) Signatories.--The affected Indian Tribes and the agency 
        may jointly invite additional parties to be signatories of the 
        memorandum of agreement. The signatories have sole authority to 
        execute, amend, or terminate the memorandum of agreement. If 
        any signatory determines that the terms of the memorandum of 
        agreement cannot be carried out, the signatories shall consult 
        to seek amendment of the memorandum of agreement. If the 
        memorandum of agreement is not amended, any signatory may 
        terminate the agreement, and the process will return to scoping 
        stage consultation. The agency shall provide all nonsignatory 
        consulting partners with the opportunity to submit a written 
        statement, explanation, or comment on the consultation 
        proceedings that shall become part of the agency's official 
        consultation record.
          (3) Memorandum of agreement.--The memorandum of agreement--
                  (A) may address multiple activities if--
                          (i) the activities are similar and repetitive 
                        or are multistate or regional in scope, or 
                        where routine management activities are 
                        undertaken at Federal installations, 
                        facilities, or other land management units; and
                          (ii) the scope of the activities is clearly 
                        delineated;
                  (B) may establish standard processes for certain 
                categories of activities determined through 
                consultation and defined in the memorandum of 
                agreement;
                  (C) shall include a provision for monitoring and 
                reporting on its implementation;
                  (D) shall include provisions for termination or 
                reconsideration if the activity has not been completed 
                within a specified time;
                  (E) shall include provisions to address new 
                discoveries, which may include halting the activity and 
                returning to scoping stage consultation;
                  (F) shall include provisions to address changes or 
                modifications to the scope or nature of the activity, 
                impacts or conditions of the project or site;
                  (G) may incorporate relevant Tribal laws, standards, 
                regulations, or policies;
                  (H) may include provisions for the protection of 
                culturally sensitive information; and
                  (I) shall include provisions to address and resolve 
                disputes.
  (f) Termination of Scoping Stage Consultation Without a Memorandum of 
Agreement.--The agency shall make a good faith effort through sustained 
interaction and collaboration to reach a consensus resulting in a 
memorandum of agreement. If, after a good faith effort and a reasonable 
amount of time given the nature and complexities of the proposed 
activity and potential impacts, the agency determines that further 
consultation will not be productive, it may terminate consultation by 
providing all consultation partners with a written notification and 
explanation for its decision, signed by the head of the agency, and 
proceed to the decision stage procedures described in section 204. Any 
decision by an agency to terminate consultation must be supported by an 
adequate documentation and evidence of its good faith efforts and the 
basis for its decision. The affected Indian Tribes may at any point 
decide to terminate consultation. In case of termination by either 
party, the agency shall provide the affected Indian Tribes or other 
affected parties with the opportunity to submit a written statement, 
explanation, or comment on the consultation proceedings that will 
become part of the agency's official consultation record.

SEC. 204. DECISION STAGE PROCEDURES.

  (a) Proposal Document.--The agency shall compile a document 
consisting of the plan for the activity, its anticipated impacts to 
Tribal interests, any memorandum of agreement, and any written 
statements made by consulting partners during the scoping stage as 
described in section 203. The agency shall include sufficient 
supporting documentation to the extent permitted by law and within 
available funds to enable any reviewing parties to understand its 
basis. The agency may use documentation prepared to comply with other 
laws to fulfill the requirements of this provision to the extent that 
such documentation is sufficiently pertinent to and focused on the 
relevant issues as to allow reasonable ease of review. The agency shall 
mail and, if possible, email a copy of the Proposal Document to all 
affected Indian Tribes and stakeholders, including those that withdrew 
from the process. At a minimum, the document shall go to the Tribal 
leader, all members of any elected Tribal governing body, and 
stakeholders. The agency shall follow up to confirm receipt of the 
document. After these steps have been completed, the Proposal Document 
shall be published in the Federal Register, subject to the provisions 
of section 207.
  (b) Public Comment Period.--The agency shall provide a period of not 
less than 90 days after publication in the Federal Register for 
comments on the Proposal Document. A reasonable extension shall be 
granted upon request of not less than 30 days by any member of any of 
the affected Indian Tribal governing bodies or a stakeholder.
  (c) Preliminary Decision.--After expiration of the comment period, 
the agency shall prepare a preliminary decision letter, signed by the 
head of the agency. The letter shall state the decision to proceed or 
not proceed with the mineral activity, the decision's rationale, any 
changes in the proposal made in response to comments, and any points 
where the decision conflicts with the expressed requests of any of the 
affected Indian Tribes or stakeholders. It shall particularly address 
why the decision was made to disregard any such requests. The agency 
shall mail and, if possible, email a copy of the letter to all affected 
Indian Tribes and stakeholders, including those that withdrew from the 
process. At a minimum, the letter shall go to the Tribal leader, all 
members of the Tribal governing body, and stakeholders. The agency 
shall follow up to confirm receipt of the letter.
  (d) Final Decision.--The agency shall provide a 60-day period 
following the issuance of the preliminary decision letter for response 
by the affected Indian Tribes and stakeholders. Thereafter, the agency 
shall notify in writing, signed by the head of the agency, the affected 
Indian Tribes and stakeholders, including those that withdrew from the 
process, of the agency's final decision.

SEC. 205. DOCUMENTATION AND REPORTING.

  (a) Official Consultation Record.--The agency shall keep an official 
consultation record that allows accurate tracking of the process so 
that agencies and consulting parties can correct any errors or 
omissions, and provides an official record of the process that can be 
referred to in any litigation that may arise. The agency shall document 
all efforts to initiate consultation as well as documenting the process 
once it has begun. Such documentation, including correspondence, 
telephone logs, and emails, shall be included in the agency's official 
consultation record. The agency shall also keep notes so that the 
consultation record documents the content of consultation meetings, 
site visits, and phone calls in addition to information about dates and 
who participated.
  (b) Payment for Tribal Documentation Work.--If the agency asks an 
Indian Tribe for specific information or documentation regarding the 
location, nature, and condition of individual sites, to conduct a 
survey, or in any way fulfill the duties of the agency in a role 
similar to that of a consultant or contractor, then the agency must pay 
for such services, if so requested by the Indian Tribe, as it would for 
any private consultant or contractor. An Indian Tribe may select a 
contractor to perform such work on its behalf, to be paid for by the 
agency.
  (c) Report to Congress.--Each agency shall on a biennial basis submit 
to Congress a report on its consultation activities.

SEC. 206. IMPLEMENTATION.

  Not later than 30 days after the date of the enactment of this Act, 
the head of each agency shall designate an official with principal 
responsibility for the agency's review of existing consultation and 
coordination policies and procedures, and implementation of this Act. 
Not later than 60 days after the effective date of this order, the 
designated official shall submit to the Office of Management and Budget 
a description of the agency's revised consultation process in 
conformity with this Act.

SEC. 207. SENSITIVE TRIBAL INFORMATION.

  (a) Closed Meetings.--Notwithstanding any provision of the 
Administrative Procedures Act, consultation meetings shall be closed to 
the public at the request of the Indian Tribal Government.
  (b) Sensitive Information.--Notwithstanding any provision of section 
552 of title 5, United States Code (commonly known as the Freedom of 
Information Act), the Administrative Procedures Act, or any other 
applicable laws or regulations, all information designated by the 
Indian Tribe as sensitive, such as the location of sacred sites or 
other details of cultural or religious practices, shall be deleted from 
any public publication made as part of the consultation process or in 
the process of carrying out the activity.
  (c) Limited Information Access.--The agency, in consultation with the 
Indian Tribe or such Tribe's designee, shall determine who may have 
access to the information for the purposes of carrying out the mineral 
activity.
  (d) Individual Allotments.--Instances where sacred sites are located 
on individual allotments or public domain allotments shall be addressed 
on a case-by-case basis and shall involve the allottees.
  (e) Sacred Sites.--The location and uses of a sacred site shall be 
protected in accordance with this provision and section 111.

  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.

  Notwithstanding section 302(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the 
Act of June 4, 1897 (chapter 2; 30 Stat. 36; 16 U.S.C. 478), and the 
National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this title and applicable law, unless expressly stated 
otherwise in this Act, the Secretary shall ensure that mineral 
activities on any Federal land that is subject to a mining claim, 
millsite claim, tunnel site claim, or any authorization issued under 
title I of this Act are carefully controlled to prevent undue 
degradation of public lands and resources.

SEC. 302. PERMITS.

  (a) Permits Required.--No person may engage in mineral activities on 
Federal land that may cause a disturbance of surface resources, 
including land, air, ground water and surface water, and fish and 
wildlife, unless a permit was issued to such person under this title 
authorizing such activities.
  (b) Negligible Disturbance.--Notwithstanding subsection (a), a permit 
under this title shall not be required for mineral activities that are 
a casual use of the Federal land.
  (c) Coordination With National Environmental Policy Act Process.--The 
Secretary and the Secretary of Agriculture shall conduct the permit 
processes under this Act in accordance with the timing and other 
requirements under section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332). To the extent practicable, the Secretary and 
Secretary of Agriculture shall coordinate the permit process.

SEC. 303. EXPLORATION PERMIT.

  (a) Authorized Exploration Activity.--Any applicant may apply for an 
exploration permit for any mining claim, license, or lease authorizing 
the applicant to remove a reasonable amount of the hardrock minerals, 
as defined in the license or lease or established in such regulations 
as the Secretary shall promulgate, from the area that is subject to the 
claim, license, or lease, respectively, for analysis, study, and 
testing. 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 reclamation.
  (b) Permit Application Requirements.--An application for an 
exploration permit under this section shall be submitted in a manner 
satisfactory to the Secretary concerned, and shall contain an 
exploration plan, a reclamation plan for the proposed exploration, and 
such documentation as necessary to ensure compliance with applicable 
Federal and State environmental laws and regulations.
  (c) Reclamation Plan Requirements.--The reclamation plan required to 
be included in a permit application under subsection (b) shall include 
such provisions as may be jointly prescribed by the Secretary and the 
Secretary of Agriculture by regulations. Such regulations shall, at a 
minimum, require the following:
          (1) The applicant has demonstrated that proposed reclamation 
        can be accomplished.
          (2) 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 activities.
          (3) The area subject to the proposed permit is not included 
        within an area listed in section 111.
          (4) 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 
        requirements, and any State requirements agreed to by the 
        Secretary concerned.
          (5) The applicant has demonstrated that the requirements of 
        section 306 will be met.
          (6) The applicant is eligible to receive a permit under 
        section 305.
  (d) Term of Permit.--An exploration permit shall be for a stated 
term. The term shall be no greater than that necessary to accomplish 
the proposed exploration, and in no case for more than 10 years.
  (e) Permit Modification.--During the term of an exploration permit 
the permit holder may submit an application to modify the permit. To 
approve a proposed modification to the permit, the Secretary concerned 
shall make the same determinations as are required in the case of an 
original permit, except that the Secretary and the Secretary of 
Agriculture may specify by joint rule the extent to which requirements 
for initial exploration permits under this section shall apply to 
applications to modify an exploration permit based on whether such 
modifications are deemed significant or minor.
  (f) Transfer, Assignment, or Sale of Rights.--
          (1) Prior written approval.--No transfer, assignment, or sale 
        of rights granted by a permit issued under this section shall 
        be made without the prior written approval of the Secretary 
        concerned.
          (2) Approval.--Such Secretary shall allow a person holding a 
        permit to transfer, assign, or sell rights under the permit to 
        a successor, if the Secretary finds in writing that the 
        successor--
                  (A) is eligible to receive a permit under section 
                304;
                  (B) has submitted evidence of financial assurance 
                satisfactory under section 306; and
                  (C) meets any other requirements specified by the 
                Secretary.
          (3) Assumed liability.--The successor in interest shall 
        assume the liability and reclamation responsibilities 
        established by the existing permit and shall conduct the 
        mineral activities in full compliance with this Act, and the 
        terms and conditions of the permit as in effect at the time of 
        transfer, assignment, or sale.
          (4) Fee.--Each application for approval of a permit transfer, 
        assignment, or sale pursuant to this subsection shall be 
        accompanied by a fee payable to the Secretary of the Interior 
        in such amount as may be established by such Secretary. Such 
        amount shall be equal to the actual or anticipated cost to the 
        Secretary or the Secretary of Agriculture, as appropriate, of 
        reviewing and approving or disapproving such transfer, 
        assignment, or sale, as determined by the Secretary of the 
        Interior.

SEC. 304. OPERATIONS PERMIT.

  (a) Operations Permit.--(1) Any applicant that is in compliance with 
all provisions of this Act may apply to the Secretary concerned for an 
operations permit authorizing the applicant to carry out mineral 
activities, other than casual use, on--
          (A) any valid mining claim, valid millsite claim, valid 
        tunnel site claim, or lease issued under this Act; and
          (B) such additional Federal land as the Secretary may 
        determine is necessary to conduct the proposed mineral 
        activities, if the operator obtains a right-of-way permit for 
        use of such additional lands under title V of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and 
        agrees to pay all fees required under that title for the permit 
        under that title.
  (2) If the Secretary decides to issue such permit, the permit shall 
include such terms and conditions as prescribed by such Secretary to 
carry out this title.
  (b) Permit Application Requirements.--An application for an 
operations permit under this section shall be submitted in a manner 
satisfactory to the Secretary concerned and shall contain site 
characterization data, an operations plan, a reclamation plan, 
monitoring plans, long-term maintenance plans, to the extent necessary, 
and such documentation as necessary to ensure compliance with 
applicable Federal and State environmental laws and regulations. If the 
proposed mineral activities will be carried out in conjunction with 
mineral activities on adjacent non-Federal lands, information on the 
location and nature of such operations may be required by the 
Secretary.
  (c) Permit Issuance or Denial.--(1) After providing for public 
participation pursuant to subsection (i), the Secretary concerned shall 
issue an operations permit if such Secretary makes each of the 
following determinations in writing, and shall deny a permit if such 
Secretary finds that the application and applicant do not fully meet 
the following requirements:
          (A) The permit application, including the site 
        characterization data, operations plan, and reclamation plan, 
        are complete and accurate and sufficient for developing a good 
        understanding of the anticipated impacts of the mineral 
        activities and the effectiveness of proposed mitigation and 
        control.
          (B) The applicant has demonstrated that the proposed 
        reclamation in the operation and reclamation plan can be and is 
        likely to be accomplished by the applicant and will not cause 
        undue degradation.
          (C) The condition of the land, including the fish and 
        wildlife resources and habitat contained thereon, will be 
        restored after the completion of mineral activities.
          (D) The area subject to the proposed plan is not listed in 
        section 111 or otherwise ineligible for mineral activities.
          (E) The proposed operation has been designed to prevent 
        material damage to the hydrologic balance outside the permit 
        area.
          (F) The applicant will fully comply with the requirements of 
        section 306 prior to the initiation of operations.
          (G) Neither the applicant nor operator, nor any subsidiary, 
        affiliate, or person controlled by or under common control with 
        the applicant or operator, is ineligible to receive a permit 
        under section 305.
          (H) The reclamation plan demonstrates that 10 years following 
        mine closure, no treatment of surface or ground water for 
        carcinogens or toxins will be required to meet water quality 
        standards at the point of discharge.
  (2) With respect to any activities specified in the reclamation plan 
referred to in subsection (b) that constitute a removal or remedial 
action under section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601), the Secretary 
shall consult with the Administrator of the Environmental Protection 
Agency prior to the issuance of an operations permit. The Administrator 
of the Environmental Protection Agency shall ensure that the 
reclamation plan does not require activities that would increase the 
costs or likelihood of removal or remedial actions under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) or corrective actions under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).
  (d) Term of Permit; Renewal.--
          (1) In general.--An operations permit--
                  (A) shall be for an initial term not longer than the 
                shorter of--
                          (i) the period necessary to accomplish the 
                        proposed mineral activities subject to the 
                        permit; and
                          (ii) the length of time remaining on the 
                        applicant's hardrock mining lease;
                  (B) shall be renewed for an additional 10-year period 
                if the operation is in compliance with the requirements 
                of this Act and other applicable law; and
                  (C) shall expire 5 years following the commencement 
                of a temporary cessation unless, prior to the 
                expiration of the 5 years, the mine operator has filed 
                with the Secretary a request for approval to resume 
                operations.
          (2) Failure to commence mineral activities.--Failure by the 
        operator to commence mineral activities within 2 years of the 
        date scheduled in an operations permit shall require a 
        modification of the permit if the Secretary concerned 
        determines that modifications are necessary to comply with 
        section 111.
  (e) Permit Modification.--
          (1) Application.--During the term of an operations permit the 
        operator may submit an application to modify the permit 
        (including the operations plan or reclamation plan).
          (2) Modification by the secretary concerned.--The Secretary 
        concerned may, at any time, 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 approved. Such determination shall be based on a 
        written finding and subject to public notice and hearing 
        requirements established by the Secretary concerned.
          (3) Unanticipated events or conditions.--A permit 
        modification is required before changes are made to the 
        approved plan of operations, or if unanticipated events or 
        conditions exist on the mine site, including in the case of--
                  (A) development of acid or toxic drainage;
                  (B) loss of springs or water supplies;
                  (C) water quantity, water quality, or other resulting 
                water impacts that are significantly different than 
                those predicted in the application;
                  (D) the need for long-term water treatment;
                  (E) significant reclamation difficulties or 
                reclamation failure;
                  (F) the discovery of significant scientific or 
                biological resources that were not addressed in the 
                original plan;
                  (G) the discovery of a properties eligible for 
                listing on the National Register of Historic Places; or
                  (H) the discovery of hazards to public safety.
  (f) Temporary Cessation of Operations.--
          (1) Secretarial approval required.--An operator conducting 
        mineral activities under an operations permit in effect under 
        this title may not temporarily cease mineral activities for a 
        period greater than 180 days unless the Secretary concerned has 
        approved such temporary cessation or unless the temporary 
        cessation is permitted under the original permit.
          (2) Previously issued operations permits.--Any operator 
        temporarily ceasing mineral activities for a period greater 
        than 90 days under an operations permit issued before the date 
        of the enactment of this Act shall submit, before the 
        expiration of such 90-day period, a complete application for 
        temporary cessation of operations to the Secretary concerned 
        for approval unless the temporary cessation is permitted under 
        the original permit.
          (3) Required information.--An application for approval of 
        temporary cessation of operations shall include such 
        information required under subsection (b) and any other 
        provisions prescribed by the Secretary concerned to minimize 
        impacts on human health, the environment, or properties 
        eligible for listing on the National Register of Historic 
        Places. After receipt of a complete application for temporary 
        cessation of operations such Secretary shall conduct an 
        inspection of the area for which temporary cessation of 
        operations has been requested.
          (4) Conditions for approval.--To approve an application for 
        temporary cessation of operations, the Secretary concerned 
        shall make each of the following determinations:
                  (A) A determination that the methods for securing 
                surface facilities and restricting access to the permit 
                area, or relevant portions thereof, will effectively 
                protect against hazards to the health and safety of the 
                public and fish and wildlife or damage to properties 
                eligible for listing on the National Register of 
                Historic Places.
                  (B) A determination that reclamation is in compliance 
                with the approved reclamation plan, 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 operations.
                  (C) A determination that the amount of financial 
                assurance filed with the permit application is 
                sufficient to assure completion of the reclamation 
                activities identified in the approved reclamation plan 
                in the event of forfeiture.
                  (D) A determination that any outstanding notices of 
                violation and cessation orders incurred in connection 
                with the plan for which temporary cessation is being 
                requested are either stayed pursuant to an 
                administrative or judicial appeal proceeding or are in 
                the process of being abated to the satisfaction of the 
                Secretary concerned.
  (g) Permit Reviews.--The Secretary concerned shall review each permit 
issued under this section every 10 years during the term of such 
permit, and before approving the resumption of operations under 
subsection (f), such Secretary shall require the operator to take such 
actions as the Secretary deems necessary to assure that mineral 
activities conform to the permit, including adjustment of financial 
assurance requirements.
  (h) Transfer, Assignment, or Sale of Rights.--
          (1) Written approval.--No transfer, assignment, or sale of 
        rights granted by a permit under this section shall be made 
        without the prior written approval of the Secretary concerned.
          (2) Conditions of approval.--The Secretary concerned may 
        allow a person holding a permit to transfer, assign, or sell 
        rights under the permit to a successor, if such Secretary 
        finds, in writing, that the successor--
                  (A) has submitted all required information and is 
                eligible to receive a permit in accordance with section 
                305;
                  (B) has submitted evidence of financial assurance 
                satisfactory under section 306; and
                  (C) meets any other requirements specified by such 
                Secretary.
          (3) Assumed liability.--The successor in interest shall 
        assume the liability and reclamation responsibilities 
        established by the existing permit and shall conduct the 
        mineral activities in full compliance with this Act, and the 
        terms and conditions of the permit as in effect at the time of 
        transfer, assignment, or sale.
          (4) Fee.--Each application for approval of a permit transfer, 
        assignment, or sale pursuant to this subsection shall be 
        accompanied by a fee payable to the Secretary concerned in such 
        amount as may be established by such Secretary. Such amount 
        shall be equal to the actual or anticipated cost of reviewing 
        and approving or disapproving such transfer, assignment, or 
        sale, as determined by such Secretary.
  (i) Public Participation.--The Secretary of the Interior and the 
Secretary of Agriculture shall jointly promulgate regulations to ensure 
transparency and public participation in permit decisions required 
under this Act, consistent with any requirements that apply to such 
decisions under section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332).

SEC. 305. PERSONS INELIGIBLE FOR PERMITS.

  (a) Current Violations.--Unless corrective action has been taken in 
accordance with subsection (c), no permit under this title shall be 
issued or transferred to an applicant if the applicant or any agent of 
the applicant, the operator (if different than the applicant), any 
claim, license, or lease holder (if different than the applicant) of 
the claim, license, or lease concerned, or any affiliate or officer or 
director of the applicant is currently in violation of any of the 
following:
          (1) A provision of this Act or any regulation under this Act.
          (2) An applicable State or Federal toxic substance, solid 
        waste, air, water quality, or fish and wildlife conservation 
        law or regulation at any site where mining, beneficiation, or 
        processing activities are occurring or have occurred.
          (3) The Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1201 et seq.) or any regulation implementing that 
        Act at any site where surface coal mining operations have 
        occurred or are occurring.
  (b) Suspension.--The Secretary concerned shall suspend an operations 
permit, in whole or in part, if such Secretary determines that any of 
the entities described in subsection (a) were in violation of any 
requirement listed in subsection (a) at the time the permit was issued.
  (c) Correction.--
          (1) Reinstatement.--The Secretary concerned may issue or 
        reinstate a permit under this title if the applicant submits 
        proof that the violation referred to in subsection (a) or (b) 
        has been corrected or is in the process of being corrected to 
        the satisfaction of such Secretary and the regulatory authority 
        involved or if the applicant submits proof that the violator 
        has filed and is presently pursuing, a direct administrative or 
        judicial appeal to contest the existence of the violation. For 
        purposes of this section, an appeal of any applicant's 
        relationship to an affiliate shall not constitute a direct 
        administrative or judicial appeal to contest the existence of 
        the violation.
          (2) Conditional approval.--Any permit which is issued or 
        reinstated based upon proof submitted under this subsection 
        shall be conditionally approved or conditionally reinstated, as 
        the case may be. If the violation is not successfully abated or 
        the violation is upheld on appeal, the permit shall be 
        suspended or revoked.
  (d) Pattern of Willful Violations.--No permit may be issued under 
this Act to any applicant if there is a demonstrated pattern of willful 
violations of the environmental protection requirements of this Act by 
the applicant, any affiliate of the applicant, or the operator or 
claim, license, or lease holder if different than the applicant.

SEC. 306. FINANCIAL ASSURANCE.

  (a) Financial Assurance Required.--
          (1) Form of assurance.--After a permit is issued under this 
        title and before any exploration or operations begin under the 
        permit, the operator shall file with the Secretary concerned 
        evidence of financial assurance payable to the United States. 
        The financial assurance shall be provided in the form of a 
        surety bond, letters of credit, certificates of deposit, or 
        cash.
          (2) Covered activities.--The financial assurance shall cover 
        all lands within the initial permit area and all affected 
        waters that may require restoration, treatment, or other 
        management as a result of mineral activities, and shall be 
        extended to cover all lands and waters added pursuant to any 
        permit modification made under section 303(e) or section 
        304(e), or affected by mineral activities.
  (b) Amount.--The amount of the financial assurance required under 
this section shall be sufficient to assure the completion of 
reclamation and restoration satisfying the requirements of this Act if 
the work were to be performed by the Secretary concerned in the event 
of forfeiture, including the construction and maintenance costs for any 
treatment facilities necessary to meet Federal and State environmental 
requirements. The calculation of such amount shall take into account 
the maximum level of financial exposure which shall arise during the 
mineral activity and administrative costs associated with a government 
agency reclaiming the site.
  (c) Duration.--The financial assurance required under this section 
shall be held for the duration of the mineral activities and for an 
additional period to cover the operator's responsibility for 
reclamation, restoration, and long-term maintenance, and effluent 
treatment as specified in subsection (g).
  (d) Adjustments.--The amount of the financial assurance and the terms 
of the acceptance of the assurance may be adjusted by the Secretary 
concerned from time to time as the area requiring coverage is increased 
or decreased, or where the costs of reclamation or treatment change, or 
pursuant to section 304(f), but the financial assurance shall otherwise 
be in compliance with this section. The Secretary concerned shall 
review the financial guarantee every 3 years and as part of the permit 
application review under section 304(g).
  (e) Release.--Upon request, and after notice and opportunity for 
public comment, and after inspection by the Secretary concerned, such 
Secretary may, after consultation with the Administrator of the 
Environmental Protection Agency, release in whole or in part the 
financial assurance required under this section if the Secretary makes 
both of the following determinations:
          (1) A determination that reclamation or restoration covered 
        by the financial assurance has been accomplished as required by 
        this Act.
          (2) A determination that the terms and conditions of any 
        other applicable Federal requirements, and State requirements 
        applicable pursuant to cooperative agreements under section 
        308, have been fulfilled.
  (f) Release Schedule.--The release referred to in subsection (e) 
shall be according to the following schedule:
          (1) After the operator has completed any required 
        backfilling, regrading, and drainage control of an area subject 
        to mineral activities and covered by the financial assurance, 
        and has commenced revegetation on the regraded areas subject to 
        mineral activities in accordance with the approved plan, that 
        portion of the total financial assurance secured for the area 
        subject to mineral activities attributable to the completed 
        activities may be released except that sufficient assurance 
        must be retained to address other required reclamation and 
        restoration needs and to assure the long-term success of the 
        revegetation.
          (2) After the operator has completed successfully all 
        remaining mineral activities and reclamation activities and all 
        requirements of the operations plan and the reclamation plan, 
        and all other requirements of this Act have been fully met, the 
        remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as 
specified in paragraph (1), until the remaining portion of the 
financial assurance is released as provided in paragraph (2), the 
operator shall be required to comply with the permit issued under this 
title.
  (g) Effluent.--Notwithstanding section 307(b)(4), where any discharge 
or other water-related condition resulting from the mineral activities 
requires treatment in order to meet the applicable effluent limitations 
and water quality standards, 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 activities. The 
portion of the financial assurance attributable to such estimated cost 
of treatment shall not be released until the discharge has ceased for a 
period of 5 years, as determined by ongoing monitoring and testing, or, 
if the discharge continues, until the operator has met all applicable 
effluent limitations and water quality standards for 5 full years 
without treatment.
  (h) Environmental Hazards.--If the Secretary concerned determines, 
after final release of financial assurance, that an environmental 
hazard resulting from the mineral activities exists, or the terms and 
conditions of the explorations or operations permit of this Act were 
not fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 606 requiring the claim holder or operator 
(or any person who controls the claim holder or operator) to correct 
the condition such that applicable laws and regulations and any 
conditions from the plan of operations are met.

SEC. 307. OPERATION AND RECLAMATION.

  (a) General Rule.--(1) The operator shall restore lands subject to 
mineral activities carried out under a permit issued under this title 
to a condition capable of supporting--
          (A) the uses which such lands were capable of supporting 
        prior to surface disturbance by the operator; or
          (B) other beneficial uses which conform to applicable land 
        use plans as determined by the Secretary concerned.
  (2) Reclamation shall proceed as contemporaneously as practicable 
with the conduct of mineral activities. In the case of a cessation of 
mineral activities beyond that provided for as a temporary cessation 
under this Act, reclamation activities shall begin immediately.
  (b) Operation and Reclamation Standards.--The Secretary of the 
Interior and the Secretary of Agriculture shall jointly promulgate 
regulations that establish operation and reclamation standards for 
mineral activities permitted under this Act. The Secretaries may 
determine whether outcome-based performance standards or technology-
based design standards are most appropriate. The regulations shall 
address the following:
          (1) Segregation, protection, and replacement of topsoil or 
        other suitable growth medium, and the prevention, where 
        possible, of soil contamination.
          (2) Maintenance of the stability of all surface areas.
          (3) Control of sediments to prevent erosion and manage 
        drainage.
          (4) Minimization of the formation and migration of acidic, 
        alkaline, metal-bearing, or other deleterious leachate.
          (5) Reduction of the visual impact of mineral activities to 
        the surrounding topography, including as necessary pit 
        backfill.
          (6) Establishment of a diverse, effective, and permanent 
        vegetative cover of the same seasonal variety native to the 
        area affected by mineral activities, and equal in extent of 
        cover to the natural vegetation of the area.
          (7) Design and maintenance of leach operations, impoundments, 
        and excess waste according to standard engineering standards to 
        achieve and maintain stability and reclamation of the site.
          (8) Removal of structures and roads and sealing of drill 
        holes.
          (9) Restoration of, or mitigation for, fish and wildlife 
        habitat disturbed by mineral activities.
          (10) Preservation of cultural, paleontological, and cave 
        resources.
          (11) Prevention and suppression of fire within the leased 
        area.
  (c) Surface or Ground Water Withdrawals.--The Secretary concerned 
shall work with State and local governments with authority over the 
allocation and use of surface and ground water in the area around the 
mine site as necessary to ensure that any surface or ground water 
withdrawals made as a result of mining activities approved under this 
section do not cause undue degradation.
  (d) Special Rule.--Reclamation activities for a mining claim, 
license, or lease that has been forfeited, relinquished, or lapsed, or 
a plan that has expired or been revoked or suspended, shall continue 
subject to review and approval by the Secretary concerned.

SEC. 308. STATE LAW AND REGULATION.

  (a) State Law.--
          (1) Reclamation, land use, environmental, and public health 
        standards.--Any reclamation, land use, environmental, or public 
        health protection standard or requirement in State law or 
        regulation that meets or exceeds the requirements of this Act 
        shall not be construed to be inconsistent with any such 
        standard.
          (2) Bonding requirements.--Any bonding standard or 
        requirement in State law or regulation that meets or exceeds 
        the requirements of this Act shall not be construed to be 
        inconsistent with such requirements.
          (3) Inspection standards.--Any inspection standard or 
        requirement in State law or regulation that meets or exceeds 
        the requirements of this Act shall not be construed to be 
        inconsistent with such requirements.
  (b) Applicability of Other State Requirements.--
          (1) Environmental standards.--Nothing in this Act shall be 
        construed as affecting any toxic substance, solid waste, or air 
        or water quality, standard or requirement of any State, county, 
        local, or Tribal law or regulation, which may be applicable to 
        mineral activities on lands subject to this Act.
          (2) Water resources.--Nothing in this Act shall be construed 
        as affecting in any way the right of any person to enforce or 
        protect, under applicable law, such person's interest in water 
        resources affected by mineral activities on lands subject to 
        this Act.
  (c) Cooperative Agreements.--
          (1) In general.--Any State may enter into a cooperative 
        agreement with the Secretary concerned for the purposes of such 
        Secretary applying such standards and requirements referred to 
        in subsection (a) and subsection (b) to mineral activities or 
        reclamation on lands subject to this Act.
          (2) Common regulatory framework.--In such instances where the 
        proposed mineral activities would affect lands not subject to 
        this Act in addition to lands subject to this Act, in order to 
        approve a plan of operations the Secretary concerned shall 
        enter into a cooperative agreement with the State that sets 
        forth a common regulatory framework consistent with the 
        requirements of this Act for the purposes of such plan of 
        operations. Any such common regulatory framework shall not 
        negate the authority of the Federal Government to independently 
        inspect mines and operations and bring enforcement actions for 
        violations.
          (3) Notice and public comment.--The Secretary concerned shall 
        not enter into a cooperative agreement with any State under 
        this section until after notice in the Federal Register and 
        opportunity for public comment and hearing.
  (d) Prior Agreements.--Any cooperative agreement or such other 
understanding between the Secretary concerned and any State, or 
political subdivision thereof, relating to the management of mineral 
activities on lands subject to this Act that was in existence on the 
date of enactment of this Act may only continue in force until 1 year 
after the date of enactment of this Act. During such 1-year period, the 
State and the Secretary shall review the terms of the agreement and 
make changes that are necessary to be consistent with this Act.

             TITLE IV--ABANDONED HARDROCK MINE RECLAMATION

SEC. 401. ESTABLISHMENT OF FUND.

  (a) Establishment.--There is established in the Department of the 
Treasury a separate account to be known as the Hardrock Minerals 
Reclamation Fund.
  (b) Investment.--The Secretary shall notify the Secretary of the 
Treasury as to what portion of the Fund is not, in the Secretary's 
judgment, required to meet current withdrawals. The Secretary of the 
Treasury shall invest such portion of the Fund in public debt 
securities with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketplace obligations of the United States of comparable maturities.
  (c) Administration.--In addition to other uses authorized by this 
title, the Secretary may use amounts in the Fund as necessary for the 
administrative expenses of the United States, Indian Tribes, and the 
States to implement this title.

SEC. 402. CONTENTS OF FUND.

  (a) In General.--The following amounts shall be credited to the Fund:
          (1) All moneys collected pursuant to section 502 and section 
        506.
          (2) All fees received under section 304(a)(1)(B).
          (3) All donations by persons, corporations, associations, and 
        foundations for the purposes of this title.
          (4) All amounts deposited in the Fund under title I.
          (5) All income on investments under section 401(b).
          (6) All amounts deposited in the Fund under section 403.
  (b) Donations.--The Secretary may accept for the Government a gift of 
money to be deposited into the Fund. The Secretary may reject a gift to 
the Fund if such rejection is in the interest of the Government.

SEC. 403. DISPLACED MATERIAL RECLAMATION FEE.

  (a) Imposition of Fee.--Except as provided in subsection (g), each 
operator conducting hardrock mineral activities shall pay to the 
Secretary, for deposit in the Hardrock Minerals Fund established by 
section 502, a displaced material reclamation fee of 7 cents per ton of 
displaced material.
  (b) Payment Deadline.--Such reclamation fee shall be paid not later 
than 60 days after the end of each calendar year beginning with the 
first calendar year occurring after the date of enactment of this Act.
  (c) Submission of Statement.--Together with such reclamation fee, all 
operators conducting hardrock mineral activities shall submit to the 
Secretary a statement of the amount of displaced material produced 
during mineral activities during the previous calendar year, the 
accuracy of which shall be sworn to by the operator and notarized.
  (d) Penalty.--Any corporate officer, agent, or director of a person 
conducting hardrock mineral activities, and any other person acting on 
behalf of such a person, who knowingly makes any false statement, 
representation, or certification, or knowingly fails to make any 
statement, representation, or certification, required under this 
section with respect to such operation shall, upon conviction, be 
punished by a fine of not more than $10,000.
  (e) Civil Action To Recover Fee.--Any portion of such reclamation fee 
not properly or promptly paid pursuant to this section shall be 
recoverable, with statutory interest, from the hardrock mineral 
activities operator, in any court of competent jurisdiction in any 
action at law to compel payment of debts.
  (f) Effect.--Nothing in this section requires a reduction in, or 
otherwise affects, any similar fee required under any law (including 
regulations) of any State.
  (g) Exemption.--The fee under this section shall not apply for small 
miners.

SEC. 404. USE AND OBJECTIVES OF THE FUND.

  (a) Authorized Uses.--
          (1) In general.--The Secretary may, subject to 
        appropriations, use moneys in the Fund for the reclamation and 
        restoration of land and water resources adversely affected by 
        past hardrock mineral activities and related activities on 
        lands described in section 405, including any of the following:
                  (A) Protecting public health and safety.
                  (B) Preventing, abating, treating, and controlling 
                water pollution created by abandoned mine drainage, 
                including in river watershed areas.
                  (C) Reclaiming and restoring abandoned surface and 
                underground mined areas.
                  (D) Reclaiming and restoring abandoned milling and 
                processing areas.
                  (E) Backfilling, sealing, or otherwise controlling 
                abandoned underground mine entries.
                  (F) Revegetating land adversely affected by past 
                mineral activities in order to prevent erosion and 
                sedimentation, to enhance wildlife habitat, and for any 
                other reclamation purpose.
                  (G) Controlling surface subsidence due to abandoned 
                underground mines.
                  (H) Enhancing fish and wildlife habitat.
          (2) Manner of use.--Amounts in the Fund may--
                  (A) be expended by the Secretary for the purposes 
                described in paragraph (1);
                  (B) be transferred by the Secretary to the Director 
                of the Bureau of Land Management, the Chief of the 
                Forest Service, the Director of the National Park 
                Service, the Director of the United States Fish and 
                Wildlife Service, the head of any other Federal agency, 
                or any public entity that volunteers to develop and 
                implement, and that has the ability to carry out, all 
                or a significant portion of a reclamation program under 
                this title; or
                  (C) be transferred by the Secretary to an Indian 
                Tribe or a State to carry out a reclamation program 
                under this title that meets the purposes described in 
                paragraph (1).
  (b) Allocation.--Of the amounts deposited into the Fund--
          (1) 25 percent shall be allocated for expenditure by the 
        Secretary in States or on Tribal lands within the boundaries of 
        which occurs production of hardrock minerals or mineral 
        concentrates or products derived from hardrock minerals, based 
        on a formula reflecting existing production in each such State 
        or on the land of the Indian Tribe;
          (2) 25 percent shall be allocated for expenditure by the 
        Secretary in States or on Tribal lands based on a formula 
        reflecting the quantity of hardrock minerals, or mineral 
        concentrates or products derived from hardrock minerals, 
        historically produced in each such State or from the land of 
        the Indian Tribe before the date of enactment of this Act; and
          (3) 50 percent shall be allocated for expenditure by the 
        Secretary to address high-priority needs according to the 
        priorities in subsection (c).
  (c) Priorities.--Expenditures of moneys from the Fund shall reflect 
the following priorities in the order stated:
          (1) The protection of public health and safety from extreme 
        danger from the adverse effects of past mineral activities, 
        especially as relates to surface water and ground water 
        contaminants.
          (2) The protection of public health and safety from the 
        adverse effects of past mineral activities.
          (3) The restoration of land, water, and fish and wildlife 
        resources previously degraded by the adverse effects of past 
        mineral activities, which may include restoration activities in 
        river watershed areas.
  (d) Habitat.--Reclamation and restoration activities under this title 
shall include appropriate mitigation measures to provide for the 
continuation of any established habitat for wildlife in existence 
before the commencement of such activities.
  (e) Response or Removal Actions.--Reclamation and restoration 
activities under this title that constitute a removal or remedial 
action under section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601) shall be 
conducted with the concurrence of the Administrator of the 
Environmental Protection Agency. The Secretary and the Administrator 
shall enter into a memorandum of understanding to establish procedures 
for consultation, concurrence, training, exchange of technical 
expertise, and joint activities under the appropriate circumstances, 
that provide assurances that reclamation or restoration activities 
under this title shall not be conducted in a manner that increases the 
costs or likelihood of removal or remedial actions under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable.

SEC. 405. ELIGIBLE LANDS AND WATERS.

  (a) Eligibility.--Reclamation expenditures under this title may only 
be made with respect to Federal, State, Indian, local, and private 
lands that have been affected by past mineral activities, and water 
resources that traverse or are contiguous to such lands, including any 
of the following:
          (1) Lands and water resources that were used for, or affected 
        by, mineral activities and abandoned or left in an inadequate 
        reclamation status before the effective date of this Act.
          (2) Lands for which the Secretary makes a determination that 
        there is no continuing reclamation responsibility of a claim 
        holder, operator, or other person who abandoned the site prior 
        to completion of required reclamation under State or other 
        Federal laws.
  (b) Inventory.--The Secretary shall prepare and maintain a publicly 
available inventory of abandoned hardrock minerals mines on public 
lands and any abandoned mine on Indian lands that may be eligible for 
expenditures under this title, and shall submit an annual report to the 
Congress on the progress in cleanup of such sites.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

  Amounts credited to the Fund are authorized to be appropriated for 
the purpose of this title without fiscal year limitation.

                     TITLE V--ADDITIONAL PROVISIONS

SEC. 501. POLICY FUNCTIONS.

  (a) Minerals Policy.--Section 101 of the Mining and Minerals Policy 
Act of 1970 (30 U.S.C. 21a) is amended--
          (1) by inserting ``and to ensure that mineral extraction and 
        processing not cause undue degradation of the natural and 
        cultural resources of the public lands'' after ``activities''; 
        and
          (2) by adding at the end the following: ``It shall also be 
        the responsibility of the Secretary of Agriculture to carry out 
        the policy provisions of clauses (1) and (2) of the first 
        paragraph of this section.''.
  (b) Mineral Data.--Section 5(e)(3) of the National Materials and 
Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
1604(e)(3)) is amended by inserting before the period the following: 
``, except that for National Forest System lands the Secretary of 
Agriculture shall promptly initiate actions to improve the availability 
and analysis of mineral data in public land use decisionmaking''.

SEC. 502. USER FEES AND INFLATION ADJUSTMENT.

  (a) In General.--
          (1) The Secretary and the Secretary of Agriculture may each 
        establish and collect from persons subject to the requirements 
        of this Act such user fees as may be necessary to reimburse the 
        United States for the expenses incurred in administering such 
        requirements. 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 section.
  (b) Adjustment.--
          (1) Inflation.--The Secretary shall adjust the fees required 
        by this section, and all claim maintenance fees, rental rates, 
        penalty amounts, and other dollar amounts established in this 
        Act, to reflect changes in the Consumer Price Index published 
        by the Bureau of Labor Statistics of the Department of Labor 
        every 3 years after the date of enactment of this Act, or more 
        frequently if the Secretary determines an adjustment to be 
        reasonable.
          (2) Notice.--The Secretary shall provide claimants, license 
        holders, and lease holders notice of any adjustment made under 
        this subsection not later than July 1 of any year in which the 
        adjustment is made.
          (3) Applicability.--A fee adjustment under this subsection 
        shall begin to apply the calendar year following the calendar 
        year in which it is made.

SEC. 503. INSPECTION AND MONITORING.

  (a) Inspections.--
          (1) In general.--The Secretary concerned shall make 
        inspections of mineral activities so as to ensure compliance 
        with the requirements of this Act.
          (2) Frequency.--The Secretary concerned shall establish a 
        frequency of inspections for mineral activities conducted under 
        a permit issued under title III, but in no event shall such 
        inspection frequency be less than one complete inspection per 
        calendar quarter or, two per calendar quarter in the case of a 
        permit for which the Secretary concerned approves an 
        application under section 304(f). After revegetation has been 
        established in accordance with a reclamation plan, such 
        Secretary shall conduct 2 complete inspections annually. Such 
        Secretary shall have the discretion to modify the inspection 
        frequency for mineral activities that are conducted on a 
        seasonal basis. Inspections shall continue under this 
        subsection until final release of financial assurance.
          (3) By request.--
                  (A) In general.--Any person who has reason to believe 
                he or she is or may be adversely affected by mineral 
                activities due to any violation of the requirements of 
                a permit approved under this Act may request an 
                inspection.
                  (B) Review period.--The Secretary concerned shall 
                determine within 10 working days of receipt of the 
                request whether the request states a reason to believe 
                that a violation exists.
                  (C) Imminent threat.--If the person alleges and 
                provides reason to believe that an imminent threat to 
                the environment or danger to the health or safety of 
                the public exists, the 10-day period shall be waived 
                and the inspection shall be conducted immediately.
                  (D) Notification.--When an inspection is conducted 
                under this paragraph, the Secretary concerned shall 
                notify the person requesting the inspection, and such 
                person shall be allowed to accompany the Secretary 
                concerned or the Secretary's authorized representative 
                during the inspection.
                  (E) Liability.--The Secretary shall not incur any 
                liability for allowing such person to accompany an 
                authorized representative.
                  (F) Anonymity.--The identity of the person supplying 
                information to the Secretary relating to a possible 
                violation or imminent danger or harm shall remain 
                confidential with the Secretary if so requested by that 
                person, unless that person elects to accompany an 
                authorized representative on the inspection.
                  (G) Procedures.--The Secretaries shall, by joint 
                rule, establish procedures for the review of--
                          (i) any decision by an authorized 
                        representative not to inspect; or
                          (ii) any refusal by such representative to 
                        ensure that remedial actions are taken with 
                        respect to any alleged violation.
                  (H) Written statement.--The Secretary concerned shall 
                furnish a person requesting a review a written 
                statement of the reasons for the Secretary's final 
                disposition of the case.
  (b) Monitoring.--
          (1) Monitoring system.--The Secretary concerned shall require 
        all operators to develop and maintain a monitoring and 
        evaluation system that shall identify compliance with all 
        requirements of a permit approved under this Act. The Secretary 
        concerned may require additional monitoring to be conducted as 
        necessary to assure compliance with the reclamation and other 
        environmental standards of this Act. Such plan must be reviewed 
        and approved by the Secretary and shall become a part of the 
        explorations or operations permit.
          (2) Reporting requirements.--The operator shall file reports 
        with the Secretary concerned, on a frequency determined by the 
        Secretary concerned, on the results of the monitoring and 
        evaluation process, except that if the monitoring and 
        evaluation show a violation of the requirements of a permit 
        approved under this Act, it shall be reported immediately to 
        the Secretary concerned. The Secretary shall evaluate the 
        reports submitted pursuant to this paragraph, and based on 
        those reports and any necessary inspection shall take 
        enforcement action pursuant to this section. Such reports shall 
        be maintained by the operator and by the Secretary and shall be 
        made available to the public.
          (3) Failure to report.--The Secretary concerned shall 
        determine what information shall be reported by the operator 
        pursuant to paragraph (2). A failure to report as required by 
        the Secretary concerned shall constitute a violation of this 
        Act and subject the operator to enforcement action pursuant to 
        section 506.

SEC. 504. CITIZENS SUITS.

  (a) In General.--Except as provided in subsection (c), any person may 
commence a civil action on his or her own behalf to compel compliance--
          (1) against any person (including the Secretary or the 
        Secretary of Agriculture) who is alleged to be in violation of 
        any of the provisions of this Act or any regulation promulgated 
        pursuant to this Act or any term or condition of any lease, 
        license, or permit issued under this Act; or
          (2) against the Secretary or the Secretary of Agriculture 
        where there is alleged a failure of such Secretary to perform 
        any act or duty under this Act, or to promulgate any regulation 
        under this Act, which is not within the discretion of the 
        Secretary concerned.
  (b) District Court Jurisdiction.--The United States district courts 
shall have jurisdiction over actions brought under this section, 
without regard to the amount in controversy or the citizenship of the 
parties, including actions brought to apply any civil penalty under 
this Act. The district courts of the United States shall have 
jurisdiction to compel agency action unreasonably delayed, except that 
an action to compel agency action reviewable under section 505 may only 
be filed in a United States district court within the circuit in which 
such action would be reviewable under section 505.
  (c) Exceptions.--
          (1) Notice.--No action may be commenced under subsection (a) 
        before the end of the 60-day period beginning on the date the 
        plaintiff has given notice in writing of such alleged violation 
        to the alleged violator and the Secretary concerned, except 
        that any such action may be brought immediately after such 
        notification if the violation complained of constitutes an 
        imminent threat to the environment or to the health or safety 
        of the public or to properties eligible for listing on the 
        National Register of Historic Places.
          (2) On-going litigation.--No action may be brought against 
        any person other than the Secretary or the Secretary of 
        Agriculture under subsection (a)(1) if such Secretary has 
        commenced and is diligently prosecuting a civil or criminal 
        action in a court of the United States to require compliance.
          (3) Exception.--No action may be commenced under subsection 
        (a)(2) against either Secretary to review any rule promulgated 
        by, or to any permit issued or denied by such Secretary if such 
        rule or permit issuance or denial is judicially reviewable 
        under section 505 or under any other provision of law at any 
        time after such promulgation, issuance, or denial is final.
  (d) Venue.--Venue of all actions brought under this section shall be 
determined in accordance with section 1391 of title 28, United States 
Code.
  (e) Costs.--The court, in issuing any final order in any action 
brought pursuant to this section may award costs of litigation 
(including attorney and expert witness fees) to any party whenever the 
court determines such award is appropriate. The court may, if a 
temporary restraining order or preliminary injunction is sought, 
require the filing of a bond or equivalent security in accordance with 
the Federal Rules of Civil Procedure.
  (f) Savings Clause.--Nothing in this section shall restrict any right 
which any person (or class of persons) may have under chapter 7 of 
title 5, United States Code, under this section, 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 person, 
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 law. Nothing in this section shall affect the jurisdiction of any 
court under any provision of title 28, United States Code, 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 law.

SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW.

  (a) Review by Secretary.--
          (1) Notice of violation.--Any person issued a notice of 
        violation or cessation order under section 507, or any person 
        having an interest which is or may be adversely affected by 
        such notice or order, may apply to the Secretary concerned for 
        review of the notice or order within 30 days after receipt 
        thereof, or as the case may be, within 30 days after such 
        notice or order is modified, vacated, or terminated.
          (2) Review of penalty.--Any person who is subject to a 
        penalty assessed under section 507 may apply to the Secretary 
        concerned for review of the assessment within 45 days of 
        notification of such penalty.
          (3) Third party requests.--Any person may apply to the 
        Secretary concerned for review of a decision under this 
        subsection within 30 days after such decision is issued.
          (4) Stays pending review.--Pending a review by the Secretary 
        or resolution of an administrative appeal, final decisions 
        (except enforcement actions under section 507) shall be stayed.
          (5) Public hearing.--The Secretary concerned shall provide an 
        opportunity for a public hearing at the request of any party to 
        the proceeding as specified in paragraph (1). The filing of an 
        application for review under this subsection shall not operate 
        as a stay of any order or notice issued under section 506.
          (6) Written decision.--For any review proceeding under this 
        subsection, the Secretary concerned shall make findings of fact 
        and shall issue a written decision incorporating therein an 
        order vacating, affirming, modifying, or terminating the 
        notice, order, or decision, or with respect to an assessment, 
        the amount of penalty that is warranted. Where the application 
        for review concerns a cessation order issued under section 506 
        the Secretary concerned shall issue the written decision within 
        30 days of the receipt of the application for review or within 
        30 days after the conclusion of any hearing referred to in 
        paragraph (5), whichever is later, unless temporary relief has 
        been granted by the Secretary concerned under paragraph (7).
          (7) Temporary relief.--Pending completion of any review 
        proceedings under this subsection, the applicant may file with 
        the Secretary concerned a written request that the Secretary 
        grant temporary relief from any order issued under section 506 
        together with a detailed statement giving reasons for such 
        relief. The Secretary concerned shall expeditiously issue an 
        order or decision granting or denying such relief. The 
        Secretary concerned may grant such relief under such conditions 
        as he or she may prescribe only if such relief shall not 
        adversely affect the health or safety of the public or cause 
        imminent environmental harm to land, air, or water resources.
          (8) Savings clause.--The availability of review under this 
        subsection shall not be construed to limit the operation of 
        rights under section 504.
  (b) Judicial Review.--
          (1) Court of appeals for the district of columbia.--Any final 
        action by the Secretaries of the Interior and Agriculture in 
        promulgating regulations to implement this Act, or any other 
        final actions constituting rulemaking to implement this Act, 
        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 Columbia. Any action subject 
        to judicial review under this subsection shall be affirmed 
        unless the court concludes that such action is arbitrary, 
        capricious, or otherwise inconsistent with law. A petition for 
        review of any action subject to judicial review under this 
        subsection shall be filed within 60 days from the date of such 
        action, or after such date if the petition is based solely on 
        grounds arising after the 60th day. Any such petition may be 
        made by any person who commented or otherwise participated in 
        the rulemaking or any person who may be adversely affected by 
        the action of the Secretaries.
          (2) Standard of review.--Final agency action under this 
        subsection, including such final action on those matters 
        described under subsection (a), shall be subject to judicial 
        review in accordance with paragraph (4) and pursuant to section 
        1391 of title 28, United States Code, on or before 60 days from 
        the date of such final action. Any action subject to judicial 
        review under this subsection shall be affirmed unless the court 
        concludes that such action is arbitrary, capricious, or 
        otherwise inconsistent with law.
          (3) Savings clause.--The availability of judicial review 
        established in this subsection shall not be construed to limit 
        the operations of rights under section 504.
          (4) Record.--The court shall hear any petition or complaint 
        filed under this subsection solely on the record made before 
        the Secretary or Secretaries concerned. The court may affirm or 
        vacate any order or decision or may remand the proceedings to 
        the Secretary or Secretaries for such further action as it may 
        direct.
          (5) Commence of a proceeding not a stay.--The commencement of 
        a proceeding under this section shall not, unless specifically 
        ordered by the court, operate as a stay of the action, order, 
        or decision of the Secretary or Secretaries concerned.
  (c) Costs.--Whenever a proceeding occurs under subsection (a) or (b), 
at the request of any person, a sum equal to the aggregate amount of 
all costs and expenses (including attorney fees) as determined by the 
Secretary or Secretaries concerned or the court to have been reasonably 
incurred by such person for or in connection with participation in such 
proceedings, including any judicial review of the proceeding, may be 
assessed against either party as the court, in the case of judicial 
review, or the Secretary or Secretaries concerned in the case of 
administrative proceedings, deems appropriate if it is determined that 
such party prevailed in whole or in part, achieving some success on the 
merits, and that such party made a substantial contribution to a full 
and fair determination of the issues.

SEC. 506. REPORTING REQUIREMENTS.

  (a) Report to Secretary.--An operator engaging in any mineral 
activities located on Federal land or on Indian land shall submit to 
the Secretary an annual report, in a time and manner prescribed by the 
Secretary, describing the total amount (in metric tons) and value of 
hardrock minerals produced through such mineral activities, including 
the total amount and value of any minerals produced from a mine 
partially located on either Federal land or Indian land, disaggregated 
by mineral and by percentage extracted from Federal land and percentage 
extracted from Indian land.
  (b) Failure To Report.--Any person who fails to comply with the 
requirements of subsection (a) shall be subject to a civil penalty not 
to exceed $25,000 per day during which such failure continues, which 
may be assessed by the Secretary.
  (c) Report to Congress.--The Secretary shall submit an annual report 
to Congress providing the following information for each hardrock mine 
located on Federal land or on Indian land:
          (1) The data submitted for such mine under subsection (a).
          (2) The name of the mine operator.
          (3) The State in which such mine is located.
          (4) The Bureau of Land Management Field Office with 
        jurisdiction over such mine.
          (5) Whether such mine is located on Federal land.
          (6) Whether such mine is located on Indian land.
  (d) Regulations.--The Secretary shall promulgate such regulations as 
are necessary to carry out this section not later than 180 days after 
the date of the enactment of this Act.

SEC. 507. ENFORCEMENT.

  (a) Orders.--
          (1) Notice of violation.--If the Secretary concerned, or an 
        authorized representative of such Secretary, determines that 
        any person is in violation of any environmental protection 
        requirement or any regulation issued by the Secretaries to 
        implement this Act, such Secretary or authorized representative 
        shall issue to such person a notice of violation describing the 
        violation and the corrective measures to be taken. The 
        Secretary concerned, or the authorized representative of such 
        Secretary, shall provide such person with a period of time not 
        to exceed 30 days to abate the violation. Such period of time 
        may be extended by the Secretary concerned upon a showing of 
        good cause by such person. If, upon the expiration of time 
        provided for such abatement, the Secretary concerned, or the 
        authorized representative of such Secretary, finds that the 
        violation has not been abated he or she shall immediately order 
        a cessation of all mineral activities or the portion thereof 
        relevant to the violation.
          (2) Order for immediate cessation.--If the Secretary 
        concerned, or the authorized representative of the Secretary 
        concerned, determines that any condition or practice exists, or 
        that any person is in violation of any requirement under a 
        permit approved under this Act, and such condition, practice or 
        violation is causing, or can reasonably be expected to cause 
        either of the following, such Secretary or authorized 
        representative shall immediately order a cessation of mineral 
        activities or the portion thereof relevant to the condition, 
        practice, or violation:
                  (A) An imminent danger to the health or safety of the 
                public.
                  (B) Significant, imminent environmental harm to land, 
                air, water, or fish or wildlife resources.
          (3) Duration.--
                  (A) Termination.--A cessation order pursuant to 
                paragraph (1) or (2) shall remain in effect until such 
                Secretary, or authorized representative, determines 
                that the condition, practice, or violation has been 
                abated, or until modified, vacated or terminated by the 
                Secretary or authorized representative. In any such 
                order, the Secretary or authorized representative shall 
                determine the steps necessary to abate the violation in 
                the most expeditious manner possible and shall include 
                the necessary measures in the order.
                  (B) Financial assurances.--The Secretary concerned 
                shall require appropriate financial assurances to 
                ensure that the abatement obligations are met when 
                issuing an order under this section.
                  (C) Authority of the secretary.--Any notice or order 
                issued pursuant to paragraph (1) or (2) may be 
                modified, vacated, or terminated by the Secretary 
                concerned or an authorized representative of such 
                Secretary. Any person to whom any such notice or order 
                is issued shall be entitled to a hearing on the record.
          (4) Alternative enforcement action.--If, after 30 days of the 
        date of the order referred to in subsection (a) the required 
        abatement has not occurred, the Secretary concerned shall take 
        such alternative enforcement action against the claim holder, 
        license holder, lease holder, or operator (or any person who 
        controls the claim holder, license holder, lease holder, or 
        operator) as will most likely bring about abatement in the most 
        expeditious manner possible. Such alternative enforcement 
        action may include seeking appropriate injunctive relief to 
        bring about abatement. Nothing in this paragraph shall preclude 
        the Secretary concerned from taking alternative enforcement 
        action prior to the expiration of 30 days.
          (5) Failure or default.--If a claim holder, license holder, 
        lease holder, or operator (or any person who controls the claim 
        holder, license holder, lease holder, or operator) fails to 
        abate a violation or defaults on the terms of the permit, the 
        Secretary concerned shall forfeit the financial assurance for 
        the plan as necessary to ensure abatement and reclamation under 
        this Act. The Secretary concerned may prescribe conditions 
        under which a surety may perform reclamation in accordance with 
        the approved plan in lieu of forfeiture.
          (6) Pending review.--The Secretary concerned shall not cause 
        forfeiture of the financial assurance while administrative or 
        judicial review is pending.
          (7) Liability in the event of forfeiture.--In the event of 
        forfeiture, the claim holder, license holder, lease holder, 
        operator, or any affiliate thereof, as appropriate as 
        determined by the Secretary by rule, shall be jointly and 
        severally liable for any remaining reclamation obligations 
        under this Act.
  (b) Compliance.--The Secretary concerned may request the Attorney 
General to institute a civil action for relief, including a permanent 
or temporary injunction or restraining order, or any other appropriate 
enforcement order, including the imposition of civil penalties, in the 
district court of the United States for the district in which the 
mineral activities are located whenever a person--
          (1) violates, fails, or refuses to comply with any order 
        issued by the Secretary concerned under subsection (a); or
          (2) interferes with, hinders, or delays the Secretary 
        concerned in carrying out an inspection under section 503.
Such court shall have jurisdiction to provide such relief as may be 
appropriate. Any relief granted by the court to enforce an order under 
paragraph (1) shall continue in effect until the completion or final 
termination of all proceedings for review of such order unless the 
district court granting such relief sets it aside.
  (c) Delegation.--Notwithstanding any other provision of law, the 
Secretary may utilize personnel of the Office of Surface Mining 
Reclamation and Enforcement to ensure compliance with the requirements 
of this Act.
  (d) Penalties.--
          (1) Failure to comply with requirements of a permit.--Any 
        person who fails to comply with any requirement of a permit 
        approved under this Act or any regulation issued by the 
        Secretaries to implement this Act shall be liable for a penalty 
        of not more than $25,000 per violation. Each day of violation 
        may be deemed a separate violation for purposes of penalty 
        assessments.
          (2) 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 (a) within the period permitted 
        for its correction shall be assessed a civil penalty of not 
        less than $1,000 per violation for each day during which such 
        failure continues.
          (3) Penalties for directors, officers, and agents.--Whenever 
        a corporation is in violation of a requirement of a permit 
        approved under this Act or any regulation issued by the 
        Secretaries to implement this Act or fails or refuses to comply 
        with an order issued under subsection (a), any director, 
        officer, or agent of such corporation who knowingly authorized, 
        ordered, or carried out such violation, failure, or refusal 
        shall be subject to the same penalties as may be imposed upon 
        the person referred to in paragraph (1).
  (e) Suspensions or Revocations.--The Secretary concerned shall 
suspend or revoke a permit issued under title II, in whole or in part, 
if the operator--
          (1) knowingly made or knowingly makes any false, inaccurate, 
        or misleading material statement in any mining claim, notice of 
        location, application, record, report, plan, or other document 
        filed or required to be maintained under this Act;
          (2) fails to abate a violation covered by a cessation order 
        issued under subsection (a);
          (3) fails to comply with an order of the Secretary concerned;
          (4) refuses to permit an audit pursuant to this Act;
          (5) fails to maintain an adequate financial assurance under 
        section 306;
          (6) fails to pay claim maintenance fees, rentals, or other 
        moneys due and owing under this Act; or
          (7) with regard to plans conditionally approved under section 
        305(c)(2), fails to abate a violation to the satisfaction of 
        the Secretary concerned, or if the validity of the violation is 
        upheld on the appeal which formed the basis for the conditional 
        approval.
  (f) False Statements; Tampering.--Any person who knowingly--
          (1) makes any false material statement, representation, or 
        certification in, or omits or conceals material information 
        from, or unlawfully alters, any mining claim, notice of 
        location, application, record, report, plan, or other documents 
        filed or required to be maintained under this Act; or
          (2) falsifies, tampers with, renders inaccurate, or fails to 
        install any monitoring device or method required to be 
        maintained under this Act,
shall upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than 2 years, or by both. If a 
conviction of a person is for a violation committed after a first 
conviction of such person under this subsection, punishment shall be by 
a fine of not more than $20,000 per day of violation, or by 
imprisonment of not more than 4 years, or both. Each day of continuing 
violation may be deemed a separate violation for purposes of penalty 
assessments.
  (g) Knowing Violations.--Any person who knowingly--
          (1) engages in mineral activities without a permit required 
        under title II; or
          (2) violates any other requirement of a permit issued under 
        this Act, or any condition or limitation thereof,
shall upon conviction be punished by a fine of not less than $5,000 nor 
more than $50,000 per day of violation, or by imprisonment for not more 
than 3 years, or both. If a conviction of a person is for a violation 
committed after the first conviction of such person under this 
subsection, punishment shall be a fine of not less than $10,000 per day 
of violation, or by imprisonment of not more than 6 years, or both.
  (h) Knowing and Willful Violations.--Any person who knowingly and 
willfully commits an act for which a civil penalty is provided in 
paragraph (1) of subsection (g) shall, upon conviction, be punished by 
a fine of not more than $50,000, or by imprisonment for not more than 2 
years, or both.
  (i) Definition.--For purposes of this section, the term ``person'' 
includes any officer, agent, or employee of a person.

SEC. 508. REGULATIONS.

  The Secretary and the Secretary of Agriculture shall issue such 
regulations as are necessary to implement this Act. The regulations 
implementing titles II and III and this title that affect the Forest 
Service shall be joint regulations issued by both Secretaries, and 
shall be issued not later than 180 days after the date of enactment of 
this Act.

SEC. 509. OIL SHALE CLAIMS.

  Section 2511(f) of the Energy Policy Act of 1992 (30 U.S.C. 242(f); 
Public Law 102-486) is amended--
          (1) by striking ``as prescribed by the Secretary''; and
          (2) by inserting before the period the following: ``in the 
        same manner as required by title II of the Hardrock Leasing and 
        Reclamation Act of 2019''.

SEC. 510. SAVINGS CLAUSE.

  (a) Special Application of Mining Laws.--Nothing in this Act shall be 
construed as repealing or modifying any Federal law, regulation, order, 
or land use plan, in effect prior to the date of enactment of this Act 
that prohibits or restricts the application of the general mining laws, 
including laws that provide for special management criteria for 
operations under the general mining laws as in effect prior to the date 
of enactment of this Act, to the extent such laws provide for 
protection of natural and cultural resources and the environment 
greater than required under this Act, and any such prior law shall 
remain in force and effect with respect to claims converted to leases 
under this Act. Nothing in this Act shall be construed as applying to 
or limiting mineral investigations, studies, or other mineral 
activities conducted by any Federal or State agency acting in its 
governmental capacity pursuant to other authority. Nothing in this Act 
shall affect or limit any assessment, investigation, evaluation, or 
listing pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), or 
the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.).
  (b) Effect on Other Federal Laws.--
          (1) General mining laws.--The provisions of this Act shall 
        supersede the general mining laws.
          (2) Other laws.--Except for the general mining laws, nothing 
        in this Act shall be construed as superseding, modifying, 
        amending, or repealing any provision of Federal law not 
        expressly superseded, modified, amended, or repealed by this 
        Act.
          (3) Environmental laws.--Nothing in this Act shall be 
        construed as altering, affecting, amending, modifying, or 
        changing, directly or indirectly, any law which refers to and 
        provides authorities or responsibilities for, or is 
        administered by, the Environmental Protection Agency or the 
        Administrator of the Environmental Protection Agency, 
        including--
                  (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                  (B) The National Environmental Policy Act (42 U.S.C. 
                4321 et seq.);
                  (C) title XIV of the Public Health Service Act (the 
                Safe Drinking Water Act) (42 U.S.C. 300f et seq.);
                  (D) the Clean Air Act (42 U.S.C. 7401 et seq.);
                  (E) the Pollution Prevention Act of 1990 (42 U.S.C. 
                13101 et seq.);
                  (F) the Toxic Substances Control Act (15 U.S.C. 2601 
                et seq.);
                  (G) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.;
                  (H) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.);
                  (I) the Motor Vehicle Information and Cost Savings 
                Act (15 U.S.C. 1901 et seq.);
                  (J) the Federal Hazardous Substances Act (15 U.S.C. 
                1261 et seq.);
                  (K) the Endangered Species Act of 1973 (16 U.S.C. 
                1540);
                  (L) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
                seq.);
                  (M) the Noise Control Act of 1972 (42 U.S.C. 4901 et 
                seq.);
                  (N) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                  (O) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                  (P) the Superfund Amendments and Reauthorization Act 
                of 1986 (Public Law 99-499; 100 Stat. 1613);
                  (Q) the Ocean Dumping Act (33 U.S.C. 1401 et seq.);
                  (R) the Environmental Research, Development, and 
                Demonstration Authorization Act of 1978 (42 U.S.C. 
                4365);
                  (S) the Pollution Prosecution Act of 1990 (42 U.S.C. 
                4321 note; Public Law 101-593);
                  (T) the Federal Facilities Compliance Act of 1992 
                (Public Law 102-386; 106 Stat. 1505); and
                  (U) any statute containing an amendment to any of 
                such Acts.
          (4) Federal indian law.--Nothing in this Act shall be 
        construed as modifying or affecting any provision of--
                  (A) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                  (B) American Indian Religious Freedom Act (42 U.S.C. 
                1996);
                  (C) the National Historic Preservation Act (16 U.S.C. 
                470 et seq.);
                  (D) the Religious Freedom Restoration Act of 1993 (42 
                U.S.C. 2000bb et seq.); or
                  (E) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.).
  (c) Sovereign Immunity of Indian Tribes.--Nothing in this section 
shall be construed so as to waive the sovereign immunity of any Indian 
Tribe.

SEC. 511. AVAILABILITY OF PUBLIC RECORDS.

  Copies of records, reports, inspection materials, or information 
obtained by the Secretary or the Secretary of Agriculture under this 
Act shall be made immediately available to the public, consistent with 
section 552 of title 5, United States Code, in central and sufficient 
locations in the county, multicounty, and State area of mineral 
activities or reclamation so that such items are conveniently available 
to residents in the area proposed or approved for mineral activities 
and on the internet.

SEC. 512. MISCELLANEOUS POWERS.

  (a) In General.--In carrying out his or her duties under this Act, 
the Secretary concerned may conduct any investigation, inspection, or 
other inquiry necessary and appropriate and may conduct, after notice, 
any hearing or audit, necessary and appropriate to carrying out his or 
her duties.
  (b) Ancillary Powers.--In connection with any hearing, inquiry, 
investigation, or audit under this Act, the Secretary, or for National 
Forest System lands the Secretary of Agriculture, is authorized to take 
any of the following actions:
          (1) Require, by special or general order, any person to 
        submit in writing such affidavits and answers to questions as 
        the Secretary concerned may reasonably prescribe, which 
        submission shall be made within such reasonable period and 
        under oath or otherwise, as may be necessary.
          (2) Administer oaths.
          (3) Require by subpoena the attendance and testimony of 
        witnesses and the production of all books, papers, records, 
        documents, matter, and materials, as such Secretary may 
        request.
          (4) Order testimony to be taken by deposition before any 
        person who is designated by such Secretary and who has the 
        power to administer oaths, and to compel testimony and the 
        production of evidence in the same manner as authorized under 
        paragraph (3) of this subsection.
          (5) Pay witnesses the same fees and mileage as are paid in 
        like circumstances in the courts of the United States.
  (c) Enforcement.--In cases of refusal to obey a subpoena served upon 
any person under this section, the district court of the United States 
for any district in which such person is found, resides, or transacts 
business, upon application by the Attorney General at the request of 
the Secretary concerned and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear and 
produce documents before the Secretary concerned. Any failure to obey 
such order of the court may be punished by such court as contempt 
thereof and subject to a penalty of up to $10,000 a day.
  (d) Entry and Access.--Without advance notice and upon presentation 
of appropriate credentials, the Secretary concerned or any authorized 
representative thereof--
          (1) shall have the right of entry to, upon, or through the 
        site of any claim, license, lease, mineral activities, or any 
        premises in which any records required to be maintained under 
        this Act are located;
          (2) may at reasonable times, and without delay, have access 
        to records, inspect any monitoring equipment, or review any 
        method of operation required under this Act;
          (3) may engage in any work and do all things necessary or 
        expedient to implement and administer the provisions of this 
        Act;
          (4) may, on any mining claim, license, or lease maintained in 
        compliance with this Act, and without advance notice, stop and 
        inspect any motorized form of transportation that such 
        Secretary has probable cause to believe is carrying hardrock 
        minerals, concentrates, 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 
        minerals, concentrates, or products derived therefrom as 
        required by law, if such documentation is required under this 
        Act; and
          (5) may, if accompanied by any appropriate law enforcement 
        officer, or an appropriate law enforcement officer alone, stop 
        and inspect any motorized form of transportation which is not 
        on a claim site if he or she has probable cause to believe such 
        vehicle is carrying hardrock minerals, concentrates, or 
        products derived therefrom from a claim site, license, or lease 
        on Federal lands or allocated to such claim site, license, or 
        lease. Such inspection shall be for the purpose of determining 
        whether the operator of such vehicle has the documentation 
        required by law, if such documentation is required under this 
        Act.

SEC. 513. MINERAL MATERIALS.

  (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 U.S.C. 
611), is amended--
          (1) in the heading, by striking ``or cinders'' and inserting 
        ``cinders, and clay'';
          (2) by striking ``No'' and inserting ``(a) No'';
          (3) by inserting ``mineral materials, including'' after 
        ``varieties of'';
          (4) by striking ``or cinders'' and inserting ``cinders, and 
        clay''; and
          (5) by adding at the end the following:
  ``(b)(1) Subject to valid existing rights, after the date of 
enactment of the Hardrock Leasing and Reclamation Act of 2019, 
notwithstanding the reference to common varieties in subsection (a) and 
to the exception to such term relating to a deposit of materials with 
some property giving it distinct and special value, all deposits of 
mineral materials referred to in such subsection, including the block 
pumice referred to in such subsection, shall be subject to disposal 
only under the terms and conditions of the Materials Act of 1947 (30 
U.S.C. 601-603).
  ``(2) For purposes of paragraph (1), the term `valid existing rights' 
means that a mining claim located for any such mineral material--
          ``(A) had and still has some property giving it the distinct 
        and special value referred to in subsection (a), or as the case 
        may be, met the definition of block pumice referred to in such 
        subsection;
          ``(B) was properly located and maintained under the general 
        mining laws prior to the date of enactment of the Hardrock 
        Leasing and Reclamation Act of 2019; and
          ``(C) was supported by a discovery of a valuable mineral 
        deposit within the meaning of the general mining laws as in 
        effect immediately prior to the date of enactment of the 
        Hardrock Leasing and Reclamation Act of 2019.''.
  (b) Mineral Materials Disposal Clarification.--Section 4 of the Act 
of July 23, 1955 (30 U.S.C. 612), is amended--
          (1) in subsection (b) by inserting ``and mineral material'' 
        after ``vegetative''; and
          (2) in subsection (c) by inserting ``and mineral material'' 
        after ``vegetative''.
  (c) Conforming Amendment.--Section 1 of the Act of July 31, 1947, 
entitled ``An Act to provide for the disposal of materials on the 
public lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
by striking ``common varieties of'' in the first sentence.
  (d) Short Titles.--
          (1) Surface resources.--The Act of July 23, 1955, is amended 
        by inserting after section 7 the following new section:
  ``Sec. 8.  This Act may be cited as the `Surface Resources Act of 
1955'.''.
          (2) Mineral materials.--The Act of July 31, 1947, entitled 
        ``An Act to provide for the disposal of materials on the public 
        lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
        by inserting after section 4 the following new section:
  ``Sec. 5.  This Act may be cited as the `Materials Act of 1947'.''.
  (e) Repeals.--(1) Subject to valid existing rights, the Act of August 
4, 1892 (chapter 375; 27 Stat. 348; 30 U.S.C. 161), commonly known as 
the Building Stone Act, is hereby repealed.
  (2) Subject to valid existing rights, the Act of January 31, 1901 
(chapter 186; 31 Stat. 745; 30 U.S.C. 162), commonly known as the 
Saline Placer Act, is hereby repealed.

SEC. 514. EFFECTIVE DATE.

  This Act shall take effect on the date of enactment of this Act, 
except as otherwise provided in this Act.

                          Purpose of the Bill

    The purpose of H.R. 2579 is to modify the requirements 
applicable to locatable minerals on public domain lands, 
consistent with the principles of self-initiation of mining 
claims, and for other purposes.

                  Background and Need for Legislation

    For 148 years, the mining of hardrock minerals on public 
lands in the United States has been carried out under the 
General Mining Law of 1872\1\ (Mining Law). Written to promote 
western settlement in the era of the pick and shovel 
prospector, the Mining Law is based on state and local mining 
customs, laws, and regulations that developed during the 
California gold rush of 1848/1849.\2\ The Mining Law granted 
generous rights to miners and established mining as the 
``highest and best use'' for public lands not specifically 
withdrawn from mining (e.g., national parks, monuments, 
wilderness areas). Originally, the Mining Law covered all 
minerals except for coal. Oil, natural gas, oil shale, 
phosphate, and several other minerals were removed from the 
Mining Law under the Mineral Leasing Act of 1920,\3\ and sand, 
stone, and gravel were removed by the Surface Resources Act of 
1955.\4\ All other minerals, such as gold, silver, copper, 
uranium and rare earth elements, still operate under the system 
established in 1872.\5\
---------------------------------------------------------------------------
    \1\General Mining Act of 1872, ch. 152, 17 Stat. 91 (1872), https:/
/uscode.house.gov/statviewer.htm?volume=17&page=91 (codified as amended 
at R.S., ch.6, https://uscode.house.gov/
statviewer.htm?volume=rs&page=424, and subsequently codified as amended 
at 30 U.S.C. Sec. Sec. 21-54).
    \2\See generally John D. Leshy, The Mining Law: A Study in 
Perpetual Motion (1987).
    \3\Pub. L. No. 66-146, 41 Stat. 437 (1920), https://
uscode.house.gov/statviewer.htm?volume=41&page=437 (codified as amended 
at 30 U.S.C. Sec. 181 et seq.).
    \4\Act of July 23, 1955, Pub. L. No. 84-167, 69 Stat. 367 (1955), 
https://uscode.house.gov/statviewer.htm?volume=69&page=367 (codified as 
amended at 30 U.S.C. Sec. Sec. 611-15).
    \5\Hardrock mining on acquired lands--those obtained from a state 
or a private owner through purchase, gift, or eminent domain--as well 
as certain isolated exceptions, are subject to leasing and are not 
covered by the 1872 Mining Law.
---------------------------------------------------------------------------
    The Mining Law allows miners to prospect for, extract, and 
sell minerals from a ``claim'' of up to twenty acres of federal 
land, and to patent (purchase the title) their claim at the 
cost of $5 or less per acre. Under the patent system, the 
federal government effectively gave away 3.4 million acres of 
public lands between 1867 and 2006\6\--an area roughly the size 
of Connecticut--containing an estimated $300 billion in 
minerals. Starting in 1994, Congress has enacted a moratorium 
on new patent applications through annual appropriations 
bills.\7\ H.R. 2579 permanently ends patenting, except for 
those claims predating the 1994 moratorium.
---------------------------------------------------------------------------
    \6\Marc Humphries, Cong. Rsch. Serv., RL33908, Mining on Federal 
Lands: Hardrock Minerals (2009).
    \7\See Department of the Interior and Related Agencies 
Appropriations Act, 1995, Pub. L. No. 103-332 (1994).
---------------------------------------------------------------------------

Leases and Royalties

    Unlike leasable minerals (such as oil, gas, and coal), 
which have royalty rates as high as 18.75 percent, miners pay 
no royalties to the federal government for production from 
mining claims. In contrast, most countries, and all western 
states, charge some sort of royalty on hardrock minerals for 
production from their lands.

Environmental and Permitting Standards

    There are no environmental provisions or permitting 
requirements in the Mining Law. Hardrock mining activities are 
covered in part by other federal laws such as the Clean Water 
Act; the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA; also known as Superfund); the 
National Environmental Policy Act (NEPA); and the Federal Land 
Policy and Management Act (FLPMA). Under FLPMA, the Department 
of the Interior is required to take actions necessary to 
prevent ``unnecessary or undue degradation'' of public land,\8\ 
but the definition of ``undue degradation'' has varied between 
administrations. This patchwork of laws and regulations leaves 
major gaps. For example, the laws do not address adequacy of 
mine location, cover evaluation of the mining plan, set 
comprehensive environmental standards for mining and 
reclamation requirements, or protect groundwater from mining 
operations. Moreover, the Bureau of Land Management (BLM) and 
the U.S. Forest Service maintain that they cannot reject a mine 
on public land as long as the applicant adheres to other 
federal and state laws.\9\ Regardless of environmental harm or 
impacts on health and on sacred sites of Native American 
communities, the Mining Law's right to free mining access 
trumps all other uses unless land is withdrawn by 
administrative or congressional action. Establishing a proper 
leasing and permitting system would directly address these 
issues.
---------------------------------------------------------------------------
    \8\43 U.S.C. Sec. 1732(b).
    \9\See, e.g., Tony Davis, Rosemont Mine OK Hamstrung by Inflexible 
Mining Law, Former Forest Supervisor Says, Az. Daily Star (Oct.7, 
2019), https://tucson.com/news/local/rosemont-mine-ok-hamstrung-by-
inflexible-mining-law-former-forest/article_752d2595-357c-522f-8c10-
d4b839c180c7.html.
---------------------------------------------------------------------------
    It is likely that the mining industry would also benefit 
from a permitting system specific to hardrock mining, like the 
one established in H.R. 2579, rather than having to deal with a 
regulatory scheme that relies on multiple existing laws 
unrelated to mining, which leads to uncertainty and increased 
litigation risks.

Abandoned Hardrock Mines

    There is no comprehensive inventory of hardrock abandoned 
mine lands (AMLs) in the United States, and, unlike abandoned 
coal mines, which are reclaimed with fees paid by mining 
companies, there is no dedicated funding source to remediate 
abandoned hardrock mines. Instituting a reclamation fee for 
material displaced during hardrock mining operations would 
raise an estimated $1.8 billion over ten years toward abandoned 
hardrock mine cleanup.\10\ Implementing this fee would lower 
spending on mine cleanups for which taxpayers currently foot 
the entire bill and would provide sorely needed resources to 
speed the reclamation of these dangerous and environmentally 
damaging sites.
---------------------------------------------------------------------------
    \10\Off. of Mgmt. & Budget, Analytical Perspectives: Budget of the 
U.S. Government, Fiscal Year 2017 (2016).
---------------------------------------------------------------------------
    Statistics abound on the problem of abandoned hardrock 
mines--some of the most noteworthy are below:
           There are estimated to be more than 530,000 
        abandoned hardrock mines just on federal lands across 
        the country, but poor state and federal inventories 
        make it impossible to know the full extent of the 
        problem.\11\
---------------------------------------------------------------------------
    \11\U.S. GAO, GAO-20-238, Abandoned Hardrock Mines: Information on 
Number of Mines, Expenditures, and Factors That Limit Efforts to 
Address Hazards (2020), https://www.gao.gov/assets/710/705146.pdf.
---------------------------------------------------------------------------
           Stream reaches in the headwaters of more 
        than forty percent of western watersheds are polluted 
        by mining runoff.\12\
---------------------------------------------------------------------------
    \12\EPA, Office of Water, EPA-840-B-00-001, Liquid Assets 2000: 
America's Water Resources at a Turning Point 10 (2000), https://
nepis.epa.gov/Exe/ZyPDF.cgi/20004GRW.PDF?Dockey=20004GRW.PDF.
---------------------------------------------------------------------------
           The Bureau of Land Management and Forest 
        Service both have programs to address AMLs, but their 
        total appropriation of roughly $40 million is miniscule 
        compared to the scale of the problem. Fifteen years 
        ago, the Environmental Protection Agency (EPA) 
        estimated that the cost to clean up all hardrock AMLs 
        could be as high as $54.2 billion;\13\ the cost is 
        likely to be even higher now.
---------------------------------------------------------------------------
    \13\EPA, Office of Solid Waste & Emergency Response, EPA 542-R-04-
015, Cleaning Up the Nation's Waste Sites 11-13 (2004), https://
nepis.epa.gov/Exe/ZyPDF.cgi/30006II3.PDF?Dockey=30006II3.PDF.
---------------------------------------------------------------------------
           Hardrock AMLs can be addressed using 
        Superfund money, but the Government Accountability 
        Office found that hardrock mines are the most expensive 
        Superfund sites to clean up, with an average per-site 
        annual spending of $750,000--more than seven times the 
        cost of the next most expensive sites.\14\
---------------------------------------------------------------------------
    \14\GAO, GAO-15-812, SUPERFUND: Trends in Federal Funding and 
Cleanup of EPA'S Nonfederal National Priorities List Sites 23 (2015), 
https://www.gao.gov/assets/680/672734.pdf.
---------------------------------------------------------------------------
           Fifty million gallons of toxic wastewater--
        the equivalent of over 5,000 tanker trucks--flows from 
        abandoned hardrock mining sites every day.\15\
---------------------------------------------------------------------------
    \15\Matthew Brown, 50M Gallons of Polluted Water Pours Daily from 
US Mine Sites, Associated Press (Feb.20, 2019), https://apnews.com/
8158167fd9ab4cd8966e47a6dd6cbe96.
---------------------------------------------------------------------------

Hardrock Mining--Present and Future

    Mining is no longer done by a single prospector with a pick 
and shovel, but by multinational mining conglomerates with 
heavy machinery in enormous open pits. Modern mines move 
hundreds of tons of earth for an ounce of gold, and, in 2009, 
the U.S. Geological Survey reported that seven of the ten top 
producing gold mines in the United States were foreign-
owned.\16\ Modern mining impacts aquatic life, vegetation, 
soils, air, human health, wildlife, and water. According to the 
EPA, the hardrock mining industry is the number one toxic 
polluter in the United States.\17\
---------------------------------------------------------------------------
    \16\USGS, 2009 Minerals Yearbook: Gold (2011), https://s3-us-west-
2.amazonaws.com/prd-wret/assets/palladium/production/mineral-pubs/gold/
myb1-2009-gold.pdf.
    \17\EPA, Toxics Release Inventory (Tri) National Analysis 2017: 
Comparing Industry Sectors 70 (2019), https://www.epa.gov/sites/
production/files/2020-02/documents/industry_sectors_0.pdf.
---------------------------------------------------------------------------
    The United States is one of the world's largest producers 
of important metals and minerals. After a lull in new mines and 
exploration in the 1990s due to market conditions, favorable 
operating possibilities elsewhere, and discovery of higher-
grade ore prospects overseas, the U.S. hardrock mining industry 
has indicated it sees an opportunity for growth. The most 
recent Annual Survey of Mining Companies by the Fraser 
Institute found that the most attractive location in the world 
for new mining investment is Nevada, with Alaska, Utah, and 
Arizona also ranking among the top eight.\18\
---------------------------------------------------------------------------
    \18\Fraser Inst., Annual Survey of Mining Companies 2018, at 9 
(2019), https://www.fraserinstitute.org/sites/default/files/annual-
survey-of-mining-companies-2018.pdf.
---------------------------------------------------------------------------
    An increasing number of technologies require specialty 
metals, generating a rising demand for these materials 
worldwide. Critical minerals--those at high risk of a potential 
supply disruption and that perform essential functions for 
which there are few if any satisfactory substitutes--are 
especially important for renewable energy technologies. Studies 
predict that the production and recycling of certain minerals 
will need to increase up to twelvefold to meet renewable energy 
demand by 2050.\19\ Unless the nation's outdated mining laws 
are reformed, efforts to expand mining's footprint in the U.S. 
to meet the additional demand for these minerals would lead to 
unsustainable land-use conflicts, widespread environmental 
degradation, and increased threats to cultural and sacred 
sites. In recognition of the increased need for critical 
minerals, H.R. 2579 provides the ability for reduced royalties 
on those elements.
---------------------------------------------------------------------------
    \19\See Nafeez Ahmed, We Don't Mine Enough Rare Earth Metals to 
Replace Fossil Fuels with Renewable Energy, Vice: Motherboard (Dec.12, 
2018, 1:47pm), https://www.vice.com/en_us/article/a3mavb/we-dont-mine-
enough-rare-earth-metals-to-replace-fossil-fuels-with-renewable-energy.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 2579 was introduced on May 8, 2019, by Chair Raul M. 
Grijalva (D-AZ). The bill was referred solely to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Energy and Mineral Resources. On May 9, 2019, 
the Subcommittee held a hearing on the bill. On October 23, 
2019, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. Chair 
Grijalva offered an amendment in the nature of a substitute. 
Representative Paul A. Gosar (R-AZ) offered an amendment 
designated Gosar #7 to the amendment in the nature of a 
substitute. The amendment was not agreed to by a roll call vote 
of 13 yeas and 19 nays, as follows:


    Representative Gosar offered an amendment designated Gosar 
#9 to the amendment in the nature of a substitute. The 
amendment was not agreed to by a roll call vote of 13 yeas and 
20 nays, as follows:


    Representative Garret Graves (R-LA) offered an amendment 
designated Graves #1 revised 2 to the amendment in the nature 
of a substitute. The amendment was not agreed to by a roll call 
vote of 12 yeas and 22 nays, as follows:


    Representative Graves offered an amendment designated 
Graves #2 to the amendment in the nature of a substitute. The 
amendment was not agreed to by voice vote. Representative 
Graves offered an amendment designated Graves #3 revised to the 
amendment in the nature of a substitute. The amendment was not 
agreed to by a roll call vote of 12 yeas and 21 nays, as 
follows:


    Representative Graves offered and withdrew an amendment 
designated Graves #4 to the amendment in the nature of a 
substitute. Representative Graves offered an amendment 
designated Graves #5 to the amendment in the nature of a 
substitute. The amendment was not agreed to by a roll call vote 
of 11 yeas, 20 nays, and 2 present, as follows:


    Ranking Member Rob Bishop (R-UT) offered an amendment 
designated Bishop #6 to the amendment in the nature of a 
substitute. The amendment was not agreed to by a roll call vote 
of 16 yeas and 17 nays, as follows:


    The amendment in the nature of a substitute offered by 
Chair Grijalva was agreed to by voice vote. The bill, as 
amended, was adopted and ordered favorably reported to the 
House of Representatives by a roll call vote of 21 yeas and 13 
nays, as follows:


                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 2579: legislative hearing titled The Long Overdue 
Need to Reform the Mining Law of 1872, held by the Subcommittee 
on Energy and Mineral Resources on May 9, 2019.

                      Section-by-Section Analysis


Sec. 1. Short title

    This section provides the short title of the legislation, 
the ``Hardrock Leasing and Reclamation Act of 2019.''

Sec. 2. Definitions and references

    This section defines relevant terms.

Sec. 3. Application rules

    This section states that the Act applies to all mining, 
millsite, and tunnel site claims, and mining operations on 
those claims, existing before or on the date of enactment. 
Where claims are used for beneficiation and processing of any 
locatable mineral--regardless of whether mined from public or 
private lands--the provisions of the Act apply.

         Title I--Mineral Leasing, Exploration, and Development


Sec. 101. Closure to entry and location

    This section prohibits new mining claims on public lands 
and requires the conversion of existing non-producing claims to 
noncompetitive leases within ten years of enactment, or within 
three years if the claim is on previously-withdrawn land, 
provided the claimholder demonstrates the existence of a 
valuable mineral deposit on the claim. Small miners are 
required to convert their claims to leases within three years 
but are not required to demonstrate the existence of a valuable 
mineral deposit. Any non-producing claims not converted by the 
end of the relevant period are voided.
    Nonproducing claims with an approved plan of operation may 
remain in effect for a period of ten years. Any claim not 
converted to a lease after ten years will be subject to a fee 
of $100 per acre per day until the claim is converted. If an 
application for a modified plan of operations is pending at the 
time of enactment, mineral and reclamation activities may 
continue under the previously approved plan until the Secretary 
of the Interior (Secretary) decides on the application.
    The Secretary is required to promulgate regulations for the 
conversion of mining claims to noncompetitive leases, provided: 
no conversion is allowed if a person is in violation of this 
Act or certain other laws; the regulations must allow a lease 
to include nonmineral lands within the boundaries of a mill 
site; no person may hold leases that exceed the maximum 
allowable acreage authorized by the Act, equal to 20,480 acres 
in any one state; the surface management agency consents to 
conversion; lease fiscal terms are the same as provided for 
other hardrock leases issued under the Act; and compliance is 
required with all other provisions of the Act.
    The Secretary is not required to conduct new environmental 
analysis for the issuance of a noncompetitive lease unless that 
lease modifies or extends the surface disturbance already 
authorized under an approved mine plan of operations.

Sec. 102. Limitation on patents

    This section prohibits the issuance of patents for public 
land, unless the application for a patent was filed with the 
Secretary on or before September 30, 1994, and other 
administrative requirements are met.

Sec. 103. Prospecting license and hardrock leases

    This section establishes the procedure for new commercial 
mineral exploration on public lands. It requires that miners 
apply for prospecting licenses, which will give them the 
exclusive right to explore for specified minerals on up to 
2,560 acres of land for up to two years, with a rental fee of 
$10 per acre per year, provided the land is open to hardrock 
mining under an approved land-use plan and the permit 
incorporates any conditions or requirements required under that 
plan. If a land-use plan treating mining as a multiple-use 
activity has not been approved for the area of the prospecting 
license application, the Secretary must ensure that the land is 
suitable for mineral development. Licenses can be extended for 
up to four additional years provided the miner is diligently 
exploring.
    If a prospecting licensee discovers a valuable deposit and 
the surface management agency consents, the miner is entitled 
to a noncompetitive 20-year lease with a rental of $10 per acre 
per year and a royalty of not less than 12.5 percent of the 
gross value of production. Leases are automatically renewable 
for 10-year periods if hardrock minerals are being produced in 
commercial quantities. If hardrock minerals are not being 
produced in commercial quantities, the Secretary may issue one 
10-year lease extension in the interest of conservation, 
reclamation, or upon proof that the lease is uneconomic to 
mine. No person may control more than 20,480 acres of hardrock 
mining licenses or leases in any one State. The Secretary may 
include additional provisions to protect lands and resources in 
any license or lease and, for any land not managed by the 
Secretary, must consult with the appropriate surface management 
agency when formulating these provisions.
    This section also provides for a reduction of the royalty 
rate, as low as 6.25 percent, if production would not occur 
without a royalty reduction, or for the purpose of encouraging 
production of hardrock minerals classified as strategic and 
critical by the Department of Energy.

Sec. 104. Competitive leasing

    If federal lands known to contain valuable mineral deposits 
are not covered by claims, licenses, or leases, hardrock 
mineral exploration or development may occur only through a 
competitive leasing process. The Secretary of Interior will 
promulgate regulations for a competitive leasing process, but 
all terms and requirements must be the same as if the leases 
were issued noncompetitively. A single lease cannot be larger 
than 2,560 acres.

Sec. 105. Small miners leases

    Small miners are defined in the Act as those miners holding 
10 mining claims or fewer, or no more than 200 acres under 
lease, and whose commercial income from mining is no more than 
$50,000 per year.
    A small miners lease is distinct from a commercial lease 
issued under Section103, and provides the exclusive right to 
prospect for hardrock minerals on up to 200 acres for three 
years, renewable for additional three-year periods with no 
limit, provided diligent development requirements established 
by the Secretary are met and rentals are paid. Rentals are $5 
per acre per year for the first three years, then $10 per acre 
per year for all subsequent renewals, with no royalty charged 
on commercial production. A small miners lease may be 
challenged based upon potential violations of small miner 
eligibility or diligent development requirements; a lease under 
challenge may not be renewed until the Secretary has confirmed 
that the leaseholder is a small miner. A small miners lease may 
be held only by the leaseholder, a spouse, or direct 
descendent, and may not be sold or transferred. Small miners 
leases are subject to all the permitting requirements 
established in the Act.
    Existing claims belonging to small miners must be converted 
to a small miners lease, with the same terms and conditions as 
other small miners leases, except that converted leases are not 
subject to a rental during the primary lease term, then rentals 
are $5 per acre per year for the first three-year renewal and 
$10 per acre per year for any additional three-year renewals.
    If a leaseholder no longer qualifies as a small miner when 
applying for a lease renewal, the leaseholder becomes eligible 
for a noncompetitive hardrock mineral lease. Royalties on these 
leases are only due on income in excess of the gross income 
ceiling for small miners at the time the lease is converted 
(equal to $50,000 in 2019 and adjusted for inflation in 
subsequent years).

Sec. 106. Lands containing nonhardrock minerals; other uses

    This section reserves to the United States all nonhardrock 
minerals--such as oil, gas, and coal--within the area covered 
by a hardrock mining license or lease, and requires the 
Secretary to ensure that other uses of public lands, including 
operations under other mineral leases, can occur on land 
covered by a prospecting license.

Sec. 107. Royalty

    This section imposes a minimum 8 percent gross income 
royalty on hardrock minerals in production on federal land on 
the date of enactment. Hardrock mining operations beginning 
after the date of enactment are subject to a minimum 12.5 
percent gross income royalty. Gross income royalty is defined 
under section 613(c) of the Internal Revenue Code of 1986.
    Of the royalties, rents, fees, penalties and other money 
raised under this Title, 75 percent goes to abandoned hardrock 
mine reclamation under Title IV, and the other 25 percent goes 
to the state where the mining activity is located without 
restriction on its use.
    This section also sets forth administrative provisions for 
the payment of royalties, identifying persons liable for 
royalty payments, timing of royalty payments, record-keeping, 
and reporting. It gives the Secretary authority to conduct 
inspections, audits and investigations, and share information 
with the Secretary of Agriculture. Trade secrets and 
proprietary information are made available to the Secretary of 
the Interior, Secretary of Agriculture, and the Administrator 
of the Environmental Protection Agency as needed to ensure 
compliance and are protected in accordance with existing law.
    Penalties are established for underreporting of royalties 
or violating other royalty payment provisions of the Act, with 
civil penalty amounts being the same as under the Federal Oil 
and Gas Royalty Management Act. Penalties are deposited in the 
Hardrock Minerals Reclamation Fund established in Section 401.

Sec. 108. Existing production

    This section specifies that a holder of a mining claim or 
converted lease has exclusive land rights for mineral 
activities, if production has already begun by the time the 
bill is enacted. These rights terminate upon the completion of 
mineral activities.

Sec. 109. Hardrock mining claim maintenance fee

    Except for small miners, claims not converted to leases are 
subject to a $200 annual claim maintenance fee until 
expiration. Failure to pay the claim maintenance fee voids the 
claim. Any fees collected under this section and not used for 
administration of the mining program at the Department of the 
Interior are deposited in the Hardrock Minerals Reclamation 
Fund established in Section 401.

Sec. 110. Effect of payments for use and occupancy of claims

    This section authorizes claimants who pay annual 
maintenance fees to use and occupy claimed lands for 
prospecting and mineral exploration activities, subject to 
compliance with the requirements of the Act and applicable 
provisions of law. The timely payment of the annual claim 
maintenance fee does not convey property rights nor secure a 
claimant the right to mine.

Sec. 111. Protection of special places

    This section prohibits the issuance of permits for any 
mining activity that would negatively affect National Park 
System units or national monuments, or harm relevant resources 
or values of National Conservation System units. The section 
also places the following categories of lands off-limits to 
mining activities: sacred sites, wilderness study areas, 
designated critical habitat, areas of critical environmental 
concern, lands designated for inclusion in the Wild and Scenic 
Rivers System, and roadless areas.

Sec. 112. Suitability determination

    This section gives land managers the unambiguous authority 
to prohibit mining in unsuitable locations. The Secretary must 
ensure that mining would not cause undue degradation to 
significant water resources, properties eligible for listing on 
the National Register of Historic Places, units of the National 
Conservation System, critical habitat, Class I areas under the 
Clean Air Act, Research Natural Areas, sacred sites, or special 
places identified in Section 111. Suitability determinations 
have to be published, open for a 60-day public comment period, 
and incorporated into applicable land use plans. This section 
does not apply to existing operations.

                    Title II--Consultation Procedure


Sec. 201 Requirement for consultation

    This section requires that agencies engage in meaningful 
and timely consultation with tribes prior to the undertaking of 
any mineral activities that will impact the interests or lands, 
including allotted, ceded, or traditional lands, of tribes and 
members; federal lands bordering Indian country; the 
relationship between the federal government and an Indian 
tribe; or the distribution of power and responsibilities 
between the federal government and an Indian tribe.
    A lead agency for consultation purposes may be designated 
if more than one agency is involved in managing mineral 
activities, but all agencies must remain involved in the 
consultation process. Nothing in this section exempts agencies 
from additional consultation required under other laws. The 
section also allows agencies to temporarily waive the 
requirements of this Title in an emergency.

Sec. 202. Timing

    This section requires that consultation must be completed 
before a license is issued or any federal funds are expended on 
the mineral activity.

Sec. 203. Scoping stage consultation

    This section requires the agency managing the mineral 
activity to compile a planning document detailing the scope of 
the project and make a reasonable and good faith effort to 
identify sites and geographic areas important to Indian tribes 
as early as possible in the process. A copy of the planning 
document must be sent through mail and email to the tribal 
government, owners of allotments, and other tribal and non-
tribal stakeholders. Agencies must confirm by phone that these 
documents are received.
    This section also lays out requirements for scoping-stage 
consultation and allows for the termination of that 
consultation if a memorandum of agreement meeting certain 
standards laid out in the section is signed by the head of a 
land management agency and affected Indian tribes. An agency 
may terminate scoping-stage consultation without a memorandum 
of agreement if the agency determines that future consultation 
will not be productive, providing the agency has made a good 
faith effort and allowed a reasonable amount of time for 
consultation.

Sec. 204. Decision stage procedures

    The agency managing the mineral activity will compile a 
``proposal document'' with a plan for the activity, its impact 
to tribal interests, any memorandum of agreement, and any 
written statement made by consulting partners during the 
scoping stage. This document will be mailed and emailed to all 
affected Indian tribes and stakeholders, with the agency 
required to confirm receipt. The proposal document must be 
published in the Federal Register for a 90-day public comment 
period, after which the agency will prepare a preliminary 
decision letter to be sent to all affected Indian tribes and 
stakeholders. After a 60-day review of the preliminary 
decision, the agency will notify affected Indian tribes and 
stakeholders in writing of the agency's final decision.

Sec. 205. Documentation and reporting

    This section requires agencies to keep an official 
consultation record that includes correspondence, telephone 
logs, emails, notes, and other related documents showing the 
extent of tribal consultation. If an agency requests additional 
information or documentation from a tribe or otherwise asks the 
tribe to fulfill the duties of the agency in a role similar to 
that of a consultant or contractor, the agency must reimburse 
the tribe for these services. Every other year, each agency 
must submit a report to Congress on its consultation 
activities.

Sec. 206. Implementation

    No more than 30 days after enactment of this Act, the head 
of each agency must designate an official with principal 
responsibility for reviewing each agency's consultation 
practices. No more than 60 days after enactment, this same 
official must submit a description of the agency's revised 
consultation practices to the Office of Management and Budget.

Sec. 207. Sensitive tribal information

    This section allows consultation meetings to be closed to 
the public at the request of a tribal government in order to 
protect sensitive information such as the location of sacred 
sites or other details of cultural or religious practices. 
Sensitive information will be deleted from any public 
documentation of the consultation process. The agency, in 
consultation with the tribe, will determine who may access 
sensitive information. Sites located on individual allotments 
will be addressed on a case-by-case basis and allottees must be 
involved.

  Title III--Environmental Considerations of Mineral Exploration and 
                              Development


Sec. 301. General Standard for hardrock mining on public lands

    This section establishes a general standard that mineral 
activities be carefully controlled to prevent undue degradation 
of public lands and resources, which is defined in the Act as 
``irreparable harm to significant scientific, cultural, or 
environmental resources.''

Sec. 302. Permits

    This section requires that all miners obtain a permit for 
any mineral activity that will disturb surface resources. 
Mineral activities that cause only negligible disturbance or 
are a casual use of public lands are exempted from permit 
requirements. The Secretary of the Interior and Secretary of 
Agriculture are directed to coordinate the permitting process 
when practicable and to meet all requirements of the National 
Environmental Policy Act (NEPA).

Sec. 303. Exploration permit

    This section establishes the requirements for obtaining 
exploration permits, which authorize activities that result in 
the non-negligible disturbance of surface resources and the 
removal of reasonable amounts of hardrock minerals for 
analysis, study, and testing, but which do not authorize the 
removal of minerals for sale or other commercial purposes.
    Applicants must include reclamation plans with their permit 
applications and show that they will meet all other financial 
assurance and environmental requirements of this Act, and any 
additional requirements established by the Secretary of the 
Interior or Secretary of Agriculture. Permits may be valid for 
up to ten years, and any proposed changes to the permitted 
exploration activities must be reviewed in the same manner as 
the original permit application, unless the Secretaries publish 
a joint rule specifying different requirements for minor 
modifications.
    Exploration permits may be transferred to other people only 
with approval of the Secretary, who is required to find in 
writing that the new permit holder meets at least the 
eligibility and financial assurance requirements of the Act. 
All permit transfer applications must include cost-recovery 
fees.

Sec. 304. Operations permit

    This section establishes the requirements for obtaining 
operations permits, which allow permit holders to conduct 
commercial mineral activities on the lease or claim. Permit 
applications must include, at a minimum, site characterization 
data; plans for operations, reclamation, monitoring, and long-
term maintenance; and documentation showing that the operations 
will comply with all other federal and state environmental laws 
and regulations.
    In order to obtain a permit, the applicant must: 
demonstrate that there will be no undue degradation of federal 
land and resources; show that the condition of the land, 
including fish and wildlife resources, will be restored after 
mineral activities are completed; show there will be no 
material damage to the hydrologic balance outside the permit 
area; meet the financial assurance requirements of the Act; and 
show that treatment of surface water to meet water quality 
standards will not be required more than ten years past mine 
closure, among other requirements. The Secretary must deny a 
permit if they determine that the requirements of the Act 
cannot be met.
    The initial term of an operations permit can be no longer 
than the time remaining on the applicant's hardrock mining 
lease, but the operator is entitled to ten-year renewals if the 
operation is in compliance with the terms of the permit. 
Failure to commence mineral activities within two years of the 
scheduled date in the operations permit will require a 
modification of the permit. The Secretary has the authority to 
establish requirements for permit modification applications; 
modification is required if changes are made to approved plans, 
or if unanticipated events occur. An operator must receive 
approval from the Secretary in order to cease operations for 
more than 180 days, and the section establishes requirements 
for temporary cessation applications. Temporary cessations that 
last more than five years result in expiration of the 
operations permit.
    Each operations permit is subject to review every ten 
years, and before operations resume after a temporary 
cessation, to ensure that the overall conduct of operations has 
not diverted in any significant way from the original plan of 
operations as approved by the Secretary. Additional financial 
assurance may be required as a result of these reviews.
    This section also lays out requirements for the transfer 
and sale of operations permits and requires the Secretaries to 
promulgate regulations to ensure full transparency and public 
participation during the permit decision-making process.

Sec. 305. Persons ineligible for permits

    This section declares persons in violation of this Act, 
state or federal laws or regulations, or the Surface Mining 
Control and Reclamation Act and associated regulations to be 
ineligible for operations permits. If it is determined after 
the fact that the permit holder was in violation at the time of 
permit issuance, the operations permit will be suspended until 
the applicant provides proof that the violation has been or is 
being corrected to the satisfaction of the Secretary. No 
permits may be issued to any applicant that has a pattern of 
willful violations.

Sec. 306. Financial assurance

    This section requires operators to provide financial 
assurances sufficient to cover mine reclamation and restoration 
by the Secretary in the event of forfeiture. The Secretary is 
authorized to adjust the amounts of the bonds or other 
assurances as the mine size changes, or based on new 
information on reclamation or treatment costs. A two-part 
release schedule for financial assurances is established: the 
first part can be released after operators successfully regrade 
and begin to revegetate the mine area, and the second part can 
be released after confirmation that mine discharge has ceased 
for at least five years, or met water quality standards for 
five years without treatment. If the Secretary determines that 
an environmental hazard as a result of mineral activities 
exists after final release, the claim holder or operator will 
be required to correct the hazard.

Sec. 307. Operation and reclamation

    This section sets general operation and reclamation 
standards. Lands used for mining must be restored to a 
condition capable of supporting their prior uses, or to other 
beneficial uses that conform to applicable land use plans. The 
Secretaries are required to jointly issue regulations that 
establish operation and reclamation standards for mineral 
activities including, but not limited to, erosion control, 
vegetation cover, acid mine drainage, visual impacts, 
restoration of fish and wildlife habitat, preservation of 
cultural resources, and prevention of wildfire. The Secretary 
of the Interior must also work with state and local governments 
to minimize impacts on surface and ground water from mineral 
activities. Ongoing review of reclamation activities on 
forfeited claims and suspended operations permits is required.

Sec. 308. State law and regulation

    This section declares that state standards for reclamation, 
bonding, inspection, and water or air quality that meet or 
exceed federal standards are consistent with this Act. The 
states and the Secretary can use cooperative agreements to 
govern surface management activities; such cooperative 
agreements are required when a mine includes federal and non-
federal lands, but the federal government reserves the 
authority to inspect such mines and issue enforcement actions.

             Title IV--Abandoned Hardrock Mine Reclamation


Sec. 401. Establishment of fund

    This section establishes the ``Hardrock Minerals 
Reclamation Fund'' (Fund) and requires the Secretary of the 
Treasury to invest any excess money in the Fund in interest-
bearing public securities. The Fund may be used to as necessary 
to cover administrative expenses of federal, state, and tribal 
governments to administer the programs under this Title.

Sec. 402. Contents of fund

    This section directs to the Fund the following: all amounts 
from Title I, monies resulting from sections 502 and 506 
(enforcement and citizen suits), fees received under section 
304 (operations permits), all income on investments under 
section 401, all amounts deposited under section 403, and 
donations the Secretary of the Interior deems appropriate.

Sec. 403. Displaced material reclamation fee

    Except for small miners, this section stipulates that each 
operator conducting hardrock mineral activities under a permit 
authorized by this Act pay a displaced material reclamation fee 
of seven cents per ton of displaced material into the Fund. 
Each operator will also provide an annual statement on the 
amount of materials displaced during mineral activities. The 
penalty for knowing misrepresentation of this information is a 
fine up to $10,000 and civil action to recover the fee.

Sec. 404. Use and objectives of the fund

    This section establishes the eligible uses for money in the 
Fund. The Secretary may use balances in the Fund, subject to 
appropriation, for reclamation of lands and waters that have 
been affected by past mineral activities, regardless of land 
ownership. Money from the fund may be spent directly by the 
Secretary, by other listed agency heads, or by states and 
tribes with eligible hardrock reclamation programs.
    Half of the money in the Fund is allocated to states and 
tribes with abandoned hardrock mines in proportion to the 
amount of current and historical hardrock production in those 
states and on tribal lands, according to a formula that equally 
weights existing and historic hardrock mineral production. The 
other half of the fund will be allocated by the Secretary to 
address high-priority projects in the following priority order: 
protection of public health and safety from extreme danger; 
protection of public health and safety more generally; and 
restoration of land, water, fish, and wildlife resources. 
Mitigation measures are required to allow for the continuation 
of habitat for wildlife on a site before reclamation activities 
begin.
    Reclamation that is a removal or remedial action under the 
Comprehensive Environmental Response, Compensation, and 
Liability Act must be conducted with the concurrence of the 
Environmental Protection Agency.

Sec. 405. Eligible lands and waters

    This section mandates that funds may be used to reclaim 
only lands affected by mining activities that were abandoned 
prior to the effective date of the Act or for which there are 
no responsible parties. The Secretary is directed to maintain 
an inventory of abandoned mines on federal and Indian lands and 
provide an annual report to Congress on the status of cleanup.

Sec. 406. Authorization of appropriations

    This section authorizes appropriation of funds without 
fiscal year limitation.

                     Title V--Additional Provisions


Sec. 501. Policy functions

    This section adds to the purposes of the Mining and 
Minerals Policy Act of 1970: ``to ensure that mineral 
extraction and processing not cause undue degradation of the 
natural and cultural resources'' of federal lands and a 
stipulation that the Secretary of Agriculture is also 
responsible for carrying out those purposes. The section also 
adds language to the National Materials and Minerals Policy, 
Research and Development Act of 1980 that directs the Secretary 
of Agriculture to improve the availability of mineral data for 
National Forest System lands.

Sec. 502. User fees and inflation adjustment

    This section authorizes the Secretary and the Secretary of 
Agriculture each to establish and collect user fees to cover 
costs for administering the requirements of the Act. All fees, 
penalties, and other charges must be adjusted for inflation at 
least once every three years.

Sec. 503. Inspection and monitoring

    This section establishes a minimum number of inspections of 
mining and reclamation activities each year, based on phase of 
operation, with discretion given to the Secretary to require 
more frequent inspections. This section also gives citizens 
adversely affected by mineral activity the right to 
confidentially request inspections of sites. Operators are 
required to develop a monitoring system in compliance with 
their permit requirements, file monitoring reports with the 
Secretary, and make monitoring and evaluation reports available 
to the public.

Sec. 504. Citizens suits

    This section authorizes citizen suits against any person, 
including the Secretaries of the Interior and Agriculture, to 
enforce compliance with the Act, including the permit 
requirements. Plaintiffs must give operators notice in writing 
of the alleged violation, and no civil actions can begin until 
60 days after such notice. The bill mirrors comparable 
provisions of the Surface Mining Control and Reclamation 
Act.\20\ The U.S. district courts have jurisdiction over all 
actions in this section, and the court may award litigation 
costs to any party the court deems appropriate.
---------------------------------------------------------------------------
    \20\Pub. L. No. 95-87, Sec. 520, 91 Stat. 445, 503 (1977), https://
uscode.house.gov/statviewer.htm?volume=91&page=503 (codified as 30 
U.S.C. Sec. 1270).
---------------------------------------------------------------------------

Sec. 505. Administrative and judicial review

    This section establishes procedures for administrative and 
judicial review of agency actions. It provides for the 
Secretary's review of a notice of violation if requested within 
30 days, review of penalties assessed within 45 days, and 
review of a decision within 30 days. It further provides for 
public hearings on violations, requires written decisions by 
the Secretary on findings within 30 days of review, and allows 
the Secretary to grant temporary relief from penalties or 
corrective measures.
    Judicial review of regulations or rulemakings may occur 
only in the United States Court of Appeals for the District of 
Columbia Circuit or for a circuit in which an affected state is 
located. A petition for judicial review must be filed no later 
than 60 days from the date of the action being reviewed. 
Litigation costs for judicial review proceedings may be 
assessed against either party.

Sec. 506. Reporting requirements

    This section requires mining operations on federal or 
Indian lands to provide data on the quantity and value of 
mineral production to the Secretary and Congress.

Sec. 507. Enforcement

    This section lays out enforcement procedures. Persons are 
allowed 30 days for abatement of violations unless there is an 
imminent threat to public health or safety, or there is 
significant imminent harm to the environment, in which case the 
operation may be immediately shut down. Civil penalties are set 
for noncompliance, with caps at $25,000 per violation per day 
for failure to comply with permit requirements, and $1,000 per 
violation per day for failing to correct violations for which a 
cessation order has been issued.
    Criminal penalties are established for false statements, 
tampering, and knowing or willful violations. Any agent of a 
corporation who knowingly facilitates a violation or a refusal 
to cease operations is liable.

Sec. 508. Regulations

    This section requires the Secretaries of the Interior and 
Agriculture to promulgate regulations to implement this Act 
within 180 days of enactment.

Sec. 509. Oil shale claims

    This section amends the reclamation requirement for certain 
oil shale claims and limited patents in the Energy Policy Act 
of 1992 to be consistent with the provisions in this Act.

Sec. 510. Savings clause

    This section declares that laws, regulations, and land use 
plans with stronger requirements to protect natural and 
cultural resources than those in this Act remain in effect. 
This section also declares that no other federal law is 
affected by this Act, except the general mining laws.

Sec. 511. Availability of public records

    This section requires that all records, materials, and 
information created as a result of this Act must be made 
available to the public physically and via the internet, 
subject to exemptions in accordance with existing law, such as 
for trade secrets and personal privacy.

Sec. 512. Miscellaneous powers

    This section authorizes the Secretaries of the Interior and 
Agriculture to conduct investigations, inspections, and other 
inquiries. The Secretaries are given authority to administer 
oaths, issue subpoenas, order written testimony and 
depositions, and reimburse witness fees and mileage. District 
courts are authorized to require witness appearance and 
production of documents. Entry and access to facilities and 
records is authorized.

Sec. 513. Mineral materials

    This section clarifies that all common minerals, such as 
clay, stone, pumice, sand, gravel and rock, are covered under 
the leasing and sale laws and are not to be treated as hardrock 
minerals. This section also removes the ability to claim 
deposits of these minerals as hardrock under the general mining 
law if the mineral deposit had some property giving it a 
``distinct and special value,'' as had existed under the 
Surface Resources Act of 1955.\21\
---------------------------------------------------------------------------
    \21\Pub. L. No. 84-167, 69 Stat. 367 (1955), https://
uscode.house.gov/statviewer.htm?volume=69&page=367 (codified as amended 
in scattered sections of 30 U.S.C., starting at Sec. 601).
---------------------------------------------------------------------------

Sec. 514. Effective date

    This section provides that this Act shall take effect of 
the date of enactment, unless otherwise specified.

            Committee Oversight Findings and Recommendations

    Regarding clause2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 27, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2579, the Hardrock 
Leasing and Reclamation Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    The bill would
           Establish a hardrock mineral leasing program 
        on Western federal land
           Levy royalties, rents, and other fees on 
        hardrock mineral development on federal land, and 
        require that 25 percent of amounts collected be paid to 
        states
           Establish the Hardrock Minerals Reclamation 
        Fund, require that certain amounts be deposited into 
        the fund, and authorize appropriations from the fund to 
        be used for reclamation
           Require the Department of the Interior and 
        the Forest Service to undertake related administration, 
        inspections, and tribal consultation
           Impose private-sector mandates by requiring 
        mine operators to pay royalties, rents, and other fees; 
        by requiring nonproducing hardrock claims to be 
        converted into noncompetitive leases; and by 
        establishing new requirements for entities involved in 
        production, transportation, development, and 
        commercialization of hardrock minerals
           Impose intergovernmental mandates by 
        terminating mining-related cooperative agreements 
        between federal agencies and states and by requiring 
        new agreements consistent with the bill
    Estimated budgetary effects would primarily stem from
           New government income resulting from 
        royalties, rents, and fees assessed under the bill
           Payments to states
           Spending from the Hardrock Minerals 
        Reclamation Fund
    Areas of significant uncertainty include
           Estimating the amount that the government 
        would collect in royalties and other payments under the 
        bill
    Bill summary: H.R. 2579 would change the terms for hardrock 
mining on federal land, mostly in the Western United States. 
The bill would not allow new claims to be made under the 
current system; instead, it would establish a leasing program. 
Production from existing hardrock mines would be subject to a 
royalty of 8 percent; royalties, rents, and fees also would be 
levied on new leases and production; and the budgetary 
classification of claim maintenance fees would be changed. In 
addition, 25 percent of all royalties, rents, and certain other 
fees collected would be paid to the state in which the minerals 
are produced.
    H.R. 2579 would establish the Hardrock Minerals Reclamation 
Fund and would require royalties, rents, and fees remaining 
after payments to the states be deposited into that fund. The 
bill would authorize appropriations from the fund to be used 
for mining reclamation. The Department of the Interior (DOI) 
and the Forest Service would be responsible for related 
administration, inspections, and consultation with tribes. 
Finally, the bill would require hardrock mining operators to 
pay royalties, rents, and other fees on their activities on 
federal land and would terminate current mining-related 
cooperative agreements between federal agencies and the states 
and require new agreements consistent with the bill.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 2579 is shown in Table 1. The costs of the legislation 
fall primarily within budget functions 300 (natural resources 
and environment) and 800 (general government).
    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted late in fiscal year 2020 and that 
the authorized and necessary amounts will be provided each 
year. On that basis, the federal government could incur some 
costs in 2020, but most costs would be incurred starting in 
2021. Using the estimated timeframe for issuing the regulations 
and establishing the processes required under the bill, CBO 
expects that any amounts owed to the government in 2020 would 
be collected in 2021.

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2579
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          By fiscal year, millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2020     2021     2022     2023     2024     2025     2026     2027     2028     2029     2030   2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority.....        0      104       95       98       95       95       84       81       81       78       75        486        885
Estimated Outlays..............        0      104       95       98       95       95       84       81       81       78       75        486        885
 
                                                                  INCREASES IN REVENUES
 
Estimated Revenues.............        0      434      410      418      418      417      376      372      372      363      363      2,096      3,942
 
                                        NET DECREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Effect on the Deficit..........        0     -330     -315     -320     -323     -322     -292     -291     -291     -285     -288     -1,610     -3,056
 
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization........        *      471      455      466      478      488      468      483      497      501      519      2,358      4,825
Estimated Outlays..............        *       38       87      177      311      401      448      476      480      482      489      1,014      3,389
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

    Background: The General Mining Act of 1872 allows 
individual people and commercial entities to prospect for 
hardrock (nonfuel) minerals, such as gold, silver, and copper, 
on land in the public domain (federal land primarily in Western 
states). When miners make a discovery, they can locate, or 
stake, a claim, which gives them the right to mine, extract, 
and process those materials. In 2018, roughly 400,000 active 
mining claims were held, averaging 20 acres per claim.\1\ Claim 
holders pay the federal government annual maintenance fees of 
$165 for each claim. Using information from DOI, CBO estimates 
that those fees totaled $65 million in 2019. Claim holders 
currently pay no rent or royalties to the federal government.
---------------------------------------------------------------------------
    \1\See Bureau of Land Management, Public Land Statistics 2018, vol. 
203 (August 2019), https://go.usa.gov/xw95e (PDF, 6 MB).
---------------------------------------------------------------------------
    Under the General Mining Act, when a claim is patented on 
federal land, the government conveys the full title to the 
claim holder, and the land passes into private ownership. Since 
1995, the Congress--in annual appropriations acts--has 
prohibited the issuance of new patents.
    H.R. 2579 would prohibit new claims and patents, establish 
a leasing program instead, and institute a new regulatory 
framework for hardrock mineral development. The framework would 
require miners to seek prospecting licenses and additional 
permits to explore for and develop mineral resources. Current 
claim holders with producing mines could maintain their claims 
if they continue to pay maintenance fees; those with 
nonproducing claims would generally be required to convert 
their claims to noncompetitive leases. New production would be 
subject to the terms of the leasing program.
    Under H.R. 2579, lessees would pay annual rents until 
production began; after that, royalties would be paid based on 
the gross value of production. Producers considered ``small 
miners'' under the bill would be exempt from certain payments, 
including royalties. Under the bill, rents, application fees, 
and other payments would be adjusted every three years for 
inflation with the adjustment taking effect the year after it 
was made. Finally, the bill would establish new standards for 
reclaiming mined land.
    Revenues: CBO estimates that enacting H.R. 2579 would 
increase revenues by $3.9 billion over the 2020-2030 period.
    Royalties and rents for existing claims: H.R. 2579 would 
establish an 8 percent royalty on current hardrock mineral 
production under existing claims, levied on the gross value of 
production. The bill also would establish rents and a 12.5 
percent royalty on future production for claim holders that 
generally have not begun production before the date of 
enactment.
    In CBO's view, imposing payments on mine operators with 
existing claims is an exercise of the government's sovereign 
power to levy compulsory fees. Thus, income from such payments 
would be classified in the federal budget as revenues. Payments 
of royalties, rents, and other fees under leases for new 
activities would be considered voluntary, however, because they 
result from businesslike transactions. Those amounts are 
classified in the budget as offsetting receipts and recorded as 
reductions in direct spending. (For more information, see the 
section on ``Direct Spending.'')
    DOI does not collect data on the production value of 
hardrock minerals mined on Western federal land, and CBO is not 
aware of any comprehensive information on such production. 
According to the department, an estimated 98 metric tons of 
gold was produced on Bureau of Land Management (BLM) land in 
Nevada in 2018; at $1,270 per troy ounce (the average price 
that year), the estimated gross production value was $4.2 
billion.\2\ On that basis, and using historical price and 
production information from the U.S. Geological Survey and 
projected commodity prices from the World Bank, CBO estimates 
that the total annual income that would be subject to royalties 
under the bill would range from $5 billion to $7 billion; most 
of that income is earned by gold producers.\3\
---------------------------------------------------------------------------
    \2\See Department of the Interior, Economic Report FY18 (September 
2019), https://doi.sciencebase.gov/doidv.
    \3\See U.S. Geological Survey, Mineral Commodity Summaries 2019 
(February 2019), https://tinyurl.com/y9bcru9u (PDF, 5.2 MB), and World 
Bank, Commodities Prices Forecast (October 2019), https://tinyurl.com/
y9eua7k6 (PDF, 194 KB).
---------------------------------------------------------------------------
    CBO expects that paying royalties would increase mine 
operators' costs and would result in less mineral production 
than under current law. Using information from academic and 
industry sources, CBO estimates that over the 2020-2030 period, 
the bill would reduce the amount of income subject to royalties 
by 5 percent to 15 percent. Starting in 2021, the resulting 
annual federal collections would average about $500 million.
    Under H.R. 2579, until production starts, rent on 
nonproducing claims that are converted to leases initially 
would range from $5 to $10 per acre; amounts would be adjusted 
periodically after that for inflation. CBO estimates that 15 
percent to 20 percent of the existing 400,000 claims would be 
converted to leases; that, on average, leases would cover 20 
acres each; and that gross rents would average $13 million 
annually over the 2021-2030 period but decrease as production 
rose.
    Collection of rents and royalties would reduce the base for 
income and payroll taxes; consequently, revenues would be 
partially offset by lower income and payroll taxes. That offset 
would reduce gross revenues under the bill by 22 percent to 25 
percent over the 2021-2030 period, CBO estimates. On net, rents 
and royalties collected on production from existing claims 
would increase revenues by roughly $400 million annually and by 
$3.9 billion over the 2021-2030 period.
    Displaced-material reclamation fee on existing claims: H.R. 
2579 would impose a fee of 7 cents per ton of material 
displaced during hardrock production from existing nonproducing 
claims that are converted to leases. CBO expects that 
production under such leases would be minimal in the near term 
and we thus estimate that net revenues collected under that 
provision would be insignificant in each year over the 2020-
2030 period.
    Civil and criminal penalties: H.R. 2579 would impose civil 
and criminal penalties (which are classified in the federal 
budget as revenues) for violations of reporting, payment, and 
other requirements. CBO estimates that any penalties collected 
would be insignificant in any year.
    Direct spending: CBO estimates that enacting H.R. 2579 
would increase direct spending by $885 million over the 2020 
2030 period (see Table 2).

                                                  TABLE 2.--CHANGES IN DIRECT SPENDING UNDER H.R. 2579
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                By fiscal year, millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2020    2021    2022    2023    2024    2025    2026    2027    2028    2029    2030   2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Claim Maintenance Fees
    Estimated Budget Authority............       0     -53     -53     -53     -58     -58     -58     -62     -62     -62     -66       -275       -584
    Estimated Outlays.....................       0     -53     -53     -53     -58     -58     -58     -62     -62     -62     -66       -275       -584
Rents and Royalties For New Leases
    Estimated Budget Authority............       0       *      -1      -1      -1      -1      -1      -1      -1      -1      -1         -4         -9
    Estimated Outlays.....................       0       *      -1      -1      -1      -1      -1      -1      -1      -1      -1         -4         -9
Payments to Statesa
    Estimated Budget Authority............       0     152     145     147     148     148     138     139     138     136     137        740      1,427
    Estimated Outlays.....................       0     152     145     147     148     148     138     139     138     136     137        740      1,427
Administration of Reclamations
    Estimated Budget Authority............       0       5       5       5       5       5       5       5       5       5       5         25         50
    Estimated Outlays.....................       0       5       5       5       5       5       5       5       5       5       5         25         50
    Total Changes
    Estimated Budget Authority............       0     104      95      98      95      95      84      81      81      78      75        486        885
    Estimated Outlays.....................       0     104      95      98      95      95      84      81      81      78      75        486        885
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and -$500,000.
aH.R. 2579 would require that 25 percent of income collected under title I--including rents, royalties, claim maintenance fees, fines, and certain
  penalties--be paid to the states in which the hardrock minerals are produced. Some of those collections would be recorded in the budget as revenues
  (see discussion under ``Revenues''' heading).

    Maintenance fees for claims: Under current law, annual fees 
for claim maintenance are classified in the budget as 
discretionary offsetting collections because the authority to 
collect that fee is provided each year in appropriation acts. 
Section 109 would increase the fee from $165 to $200 per claim 
(with adjustments over time to account for inflation) and would 
permanently authorize the fee, thus reclassifying collections 
as mandatory offsetting receipts, which are recorded as 
reductions in direct spending. The amounts collected would be 
deposited into the Hardrock Minerals Reclamation Fund 
established under title IV of the bill. CBO expects that the 
fee increase would take effect in fiscal year 2021. We estimate 
that enacting H.R. 2579 would reduce the number of hardrock 
mining claims held by roughly one-third, because some claim 
holders would convert their claims into leases and others would 
relinquish their claims. Section 109 would generate offsetting 
receipts of roughly $60 million annually and $584 million over 
the 2020-2030 period, CBO estimates.
    Rents and royalties for new leases: Under the bill, 
individuals and entities interested in prospecting for minerals 
on federal land would be required to obtain a prospecting 
license and pay an annual rent of $10 per acre under the 
license. Once a lease is executed, the bill would require the 
leaseholder to pay rent ranging from $5 to $10 per acre until 
production starts. H.R. 2579 also would establish application 
fees for licenses and leases. CBO estimates that collections of 
those amounts, which would be classified in the budget as 
offsetting receipts, would average about $1 million annually 
over the 2021-2030 period.
    The bill also would establish a 12.5 percent royalty on 
production under leases for new activities and a reclamation 
fee of 7 cents per ton of displaced material. Because those 
fees would be for new activities, payment of those fees would 
be considered voluntary, resulting from businesslike 
transactions, and would be classified in the budget as 
offsetting receipts. According to BLM and industry experts, 
once a mining claim is located, it typically takes at least 10 
years to explore, develop, and produce commercial quantities of 
minerals that would generate federal royalties. Therefore, CBO 
expects that such leases established over the 2020-2030 period 
would be unlikely to generate any significant royalties or 
reclamation fees until after 2030.
    Payments to states: Section 107 of the bill would require 
that 25 percent of income collected under title I--including 
rents, royalties, claim maintenance fees, fines, and certain 
penalties--be paid to the states in which the hardrock minerals 
are produced. CBO expects that payments would be issued at the 
end of each fiscal year, and that 2020 payments would be issued 
in 2021. We estimate that those collections would average $570 
million annually and that the resulting payments to states 
would average $143 million each year and total $1.4 billion 
over the 2021-2030 period.
    Administration of reclamations: Section 401 would authorize 
DOI to use amounts deposited into the Hardrock Minerals 
Reclamation Fund without further appropriation to administer 
reclamation projects. Based on the costs of similar activities, 
CBO estimates that enacting the provision would cost $5 million 
annually over the 2021-2030 period.
    Other fees and donations: H.R. 2579 would authorize DOI and 
the Forest Service to establish application and user fees for 
administrative activities required under the bill, which would 
be classified in the budget as offsetting receipts. The bill 
also would authorize the federal government to collect 
donations, classified as offsetting receipts, for deposit into 
the Hardrock Minerals Reclamation Fund. CBO estimates that such 
receipts would be insignificant in any year.
    Crime Victims Fund: Criminal penalties, which are recorded 
as revenues, are deposited into the Crime Victims Fund and 
later spent without further appropriation. CBO estimates that 
any direct spending of those amounts would be insignificant in 
any year.
    Payment of costs from litigation: H.R. 2579 would authorize 
people to sue other parties alleged to be in violation of the 
bill, including the federal government. The bill also would 
authorize judicial review of final actions issued by the 
federal government. Under the bill, judges could award attorney 
fees and other litigation costs to prevailing parties. In some 
cases, fees assessed against the government would be issued 
from the Judgment Fund, a permanent indefinite appropriation. 
Fees assessed against a nonfederal party and paid to the 
federal government would be classified in the federal budget as 
offsetting receipts. CBO estimates that the net effect on 
direct spending would be negligible in any year.
    Spending subject to appropriation: CBO estimates that 
implementing H.R. 2579 would cost $1 billion over the 2020-2025 
period (see Table 3), assuming appropriation of the estimated 
amounts.

               TABLE 3.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2579
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2020     2021     2022     2023     2024     2025   2020-2025
----------------------------------------------------------------------------------------------------------------
Hardrock Minerals Reclamation Fund
    Estimated Authorization....................        0      451      434      445      456      465     2,251
    Estimated Outlays..........................        0       23       67      156      289      378       913
Mining Administration
    Estimated Authorization....................        *       20       21       21       22       23       107
    Estimated Outlays..........................        *       15       20       21       22       23       101
    Total Changes
        Estimated Authorization................        *      471      455      466      478      488     2,358
        Estimated Outlays......................        *       38       87      177      311      401     1,014
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.

    Hardrock Minerals Reclamation Fund: Section 401 would 
establish the Hardrock Minerals Reclamation Fund. Deposits into 
the fund would include 75 percent of gross rents, royalties, 
claim maintenance fees, fines, and penalties collected under 
title I; user fees collected under section 502; certain civil 
penalties; donations; and fees paid for displaced materials.
    CBO estimates that, on average, $445 million would be 
deposited into the fund annually over the 2021-2025 period. 
H.R. 2579 also would require the Department of the Treasury to 
invest unspent balances in Treasury securities and credit 
interest to the fund. Based on the interest rate projections 
underlying CBO's March 2020 baseline, CBO estimates that 
enacting the bill would result in an additional $53 million 
being credited to the fund over the 2021-2025 period.
    Amounts in the fund, including interest credited, would be 
available, subject to appropriation, for reclamation and 
restoration of land and water that is damaged by hardrock 
mining. Based on historical spending patterns for similar 
activities, CBO estimates that implementing the provision would 
cost $913 million over the 2020-2025 period.
    Mining administration: CBO expects that BLM and the Forest 
Service would incur additional costs to implement 
administrative activities required under the bill. Those 
activities include issuing regulations, managing royalty 
collections, implementing mineral withdrawals on certain lands, 
consulting with tribal officials, and conducting quarterly 
inspections. Using information from the agencies, CBO estimates 
that the federal government would incur costs totaling $101 
million over the 2021-2025 period; that spending would be 
subject to the availability of appropriated funds.
    Uncertainty: CBO aims to produce estimates that generally 
reflect the middle of the most likely budgetary outcomes that 
would result if the legislation was enacted. However, direct 
spending, revenues, and spending subject to appropriation under 
H.R. 2579 could differ from CBO's estimates because of the 
following sources of uncertainty:
           CBO cannot precisely predict the amount that 
        the government would collect in royalties under 
        existing claims. The exact production value of hardrock 
        minerals on the affected federal lands is unknown and 
        could be higher or lower than CBO estimates. CBO cannot 
        forecast future hardrock mineral prices or the effect 
        of the proposed royalty on future production with 
        certainty.
           Information on existing claims is limited. 
        CBO cannot predict with certainty how many holders of 
        existing nonproducing claims would relinquish their 
        claims or convert them to leases under the bill. As a 
        result, CBO cannot estimate with certainty the amount 
        that the government would collect in rents or claim 
        maintenance fees under the bill.
As a result of those sources of uncertainty, payments to states 
and spending from the Hardrock Minerals Reclamation Fund also 
could be higher or lower under the bill.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in Table 4.

 TABLE 4.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 2579, THE HARDROCK LEASING AND RECLAMATION ACT OF 2019, AS ORDERED REPORTED BY
                                              THE HOUSE COMMITTEE ON NATURAL RESOURCES ON OCTOBER 23, 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           By fiscal year, millions of dollars--
                                 -----------------------------------------------------------------------------------------------------------------------
                                   2020     2021     2022     2023     2024     2025     2026     2027     2028     2029     2030   2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET DECREASE IN THE DEFICIT
 
Pay-As-You-Go Effect............       0     -330     -315     -320     -323     -322     -292     -291     -291     -285     -288     -1,610     -3,056
Memorandum:
    Changes in Outlays..........       0      104       95       98       95       95       84       81       81       78       75        486        885
    Changes in Revenues.........       0      434      410      418      418      417      376      372      372      363      363      2,096      3,942
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: None.
    Mandates: H.R. 2579 contains private-sector and 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). CBO estimates that the aggregate cost of the 
mandates on private-sector entities would exceed the annual 
threshold established in UMRA ($168 million in 2020, adjusted 
annually for inflation). CBO estimates that the cost of the 
public-sector mandate would fall below the annual threshold 
($84 million in 2020, adjusted annually for inflation).
    Mandates that apply to private entities: H.R. 2579 would 
amend current hardrock mining laws by replacing the existing 
claims system with a leasing program and by establishing a new 
regulatory framework for the production of hardrock minerals. 
Producers would be subject to royalties, rents, and other fees, 
and 25 percent of all collections under the new framework would 
be paid to the states in which the minerals are produced.
    Under the bill, mine operators would pay royalties, ranging 
from 8 percent to 12.5 percent of the gross value of the 
minerals produced, depending on whether the minerals come from 
existing or new mines. Using information from various public 
and private sources, CBO estimates that current operators would 
pay about $500 million annually in royalties.
    The bill would require holders of claims for currently 
nonproducing mines to convert their claims into noncompetitive 
leases; to pay royalties and other fees, and meet new 
application, reporting, and other administrative requirements. 
CBO estimates that those new duties would increase the cost of 
mining operations by $30 million a year. Most of the additional 
cost would come from royalties and maintenance fees.
    Other provisions of the bill would require holders of 
nonproducing claims to obtain various permits as their mining 
activities progress and require shale oil producers to comply 
with stringent reclamation standards. CBO cannot estimate the 
cost of those mandates because rules and regulations have not 
been issued by the Secretaries of the Interior and Agriculture.
    Mandates that apply to public entities: Cooperative 
agreements between federal agencies, states, and Indian tribes 
related to the management of mining would be terminated one 
year after enactment of H.R. 2579, and the parties to those 
agreements would be directed to develop revisions consistent 
with the new procedures under the bill. Those revised 
agreements would become effective at the end of the one-year 
period. CBO estimates that the costs to comply with this 
requirement would be insignificant.
    Other public-sector effects: H.R. 2579 would require 25 
percent of amounts collected in royalties, rents, and other 
fees to be paid to the states where hardrock minerals are 
produced. CBO estimates that about $143 million annually would 
be distributed to the twelve states affected.
    Estimate prepared by: Federal Costs: Janani Shankaran; 
Mandates: Lilia Ledezma.
    Estimate reviewed by: Susan Willie, Chief, Public and 
Private Mandates Unit; Joshua Shakin, Chief, Revenue Estimating 
Unit; H. Samuel Papenfuss, Deputy Director of Budget Analysis; 
Theresa Gullo, Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to modify the requirements 
applicable to locatable minerals on public domain lands, 
consistent with the principles of self-initiation of mining 
claims.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, H.R. 2579 contains private-sector and 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). CBO estimates that the aggregate cost of the 
mandates on private-sector entities would exceed the annual 
threshold established in UMRA ($168 million in 2020, adjusted 
annually for inflation). CBO estimates that the cost of the 
public-sector mandate would fall below the annual threshold 
($84 million in 2020, adjusted annually for inflation). 
Additional information is above under ``COMPLIANCE WITH HOUSE 
RULE XIII AND CONGRESSIONAL BUDGET ACT.''

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The Hardrock Minerals 
Reclamation Fund established by this bill is related and 
complementary to, but not duplicative of, the following 
programs identified in the most recent Catalog of Federal 
Domestic Assistance published pursuant to 31 U.S.C. Sec. 6104: 
Environmental Quality and Protection (CFDA No. 15.236), 
Regulation of Surface Coal Mining and Surface Effects of 
Underground Coal Mining (CFDA No. 15.250), Abandoned Mine Land 
Reclamation (AMLR) (CFDA No. 15.252), Not-for-Profit AMD 
Reclamation (CFDA No. 15.253), OSM/VISTA AmeriCorps (CFDA No. 
15.254), and Science and Technology Projects Related to Coal 
Mining and Reclamation (CFDA No. 15.255).

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

       SECTION 2324 OF THE REVISED STATUTES OF THE UNITED STATES

    Sec 2324. The miners of each mining-district may make 
regulations not in conflict with the laws of the United States, 
or with the laws of the State or Territory in which the 
district is situated, governing the location, manner of 
recording, amount of work necessary to hold possession of a 
mining-claim, subject to the following requirements: The 
location must be distinctly marked on the ground so that its 
boundaries can be readily traced. All records of mining-claims 
hereafter made shall contain the name or names of the locators, 
the date of the location, and such a description of the claim 
or claims located by reference to some natural object or 
permanent monument as will identify the claim. On each claim 
located after the tenth day of May, eighteen hundred and 
seventy-two, that is granted a waiver under section 10101 of 
the Omnibus Budget Reconciliation Act of 1993 or section 103(a) 
of the Hardrock Leasing and Reclamation Act of 2019 that is 
granted a waiver under section 10101 of the Omnibus Budget 
Reconciliation Act of 1993 or section 103(a) of the Hardrock 
Leasing and Reclamation Act of 2019 and until a patent has been 
issued therefor, not less than one hundred dollars worth of 
labor shall be performed or improvements made during each year. 
On all claims located prior to the tenth day of May, eighteen 
hundred and seventy-two, ten dollars worth of labor shall be 
performed or improvements made by the tenth day of June, 
eighteen hundred and seventy-four, and each year thereafter, 
for each one hundred feet in length along the vein until a 
patent has been issued therefor; but where such claims are held 
in common, such expenditure may be made upon any one claim; and 
upon a failure to comply with these conditions, the claim or 
mine upon which such failure occurred shall be open to 
relocation in the same manner as if no location of the same had 
ever been made, provided that the original locators, their 
heirs, assigns, or legal representatives, have not resumed work 
upon the claim after failure had before such location. Upon the 
failure of any one of several co-owners to contribute his 
proportion of the expenditures required hereby, the co-owners 
who have performed the labor or made the improvements may, at 
the expiration of the year, give such delinquent co-owner 
personal notice in writing or notice by publication in the 
newspaper published nearest the claim, for at least once a week 
for ninety days, and if at the expiration of ninety days after 
such notice in writing or by publication such delinquent should 
fail or refuse to contribute his proportion of the expenditure 
required by this section, his interest in the claim shall 
become the property of his co-owners who have made the required 
expenditures. The period within which the work required to be 
done annually on all unpatented mineral claims located since 
May 10, 1872, including such claims in the Territory of Alaska, 
shall commence at 12:01 ante meridian on the first day of 
September, succeeding the date of location of such claim. 
Provided further, That on all such valid existing claims the 
annual period ending December 31, 1921, shall continue to 12 
o'clock meridian July 1, 1922.

Where a person or company has or may run a tunnel for the 
purposes of developing a lode or lodes, owned by said person or 
company, the money so expended in said tunnel shall be taken 
and considered as expended on said lode or lodes, whether 
located prior to or since the passage of said act; and such 
person or company shall not be required to perform work on the 
surface of said lode or lodes in order to hold the same as 
required by said act.
                              ----------                              


                 MINING AND MINERALS POLICY ACT OF 1970



           *       *       *       *       *       *       *
                         TITLE I--MINING POLICY

  Sec. 101. The Congress declares that it is the continuing 
policy of the Federal Government in the national interest to 
foster and encourage private enterprise in (1) the development 
of economically sound and stable domestic mining, minerals, 
metal and mineral reclamation industries, (2) the orderly and 
economic development of domestic mineral resources, reserves, 
and reclamation of metals and minerals to help assure 
satisfaction of industrial, security and environmental needs, 
(3) mining, mineral, and metallurgical research, including the 
use and recycling of scrap to promote the wise and efficient 
use of our natural and reclaimable mineral resources, and (4) 
the study and development of methods for the disposal, control, 
and reclamation of mineral waste products, and the reclamation 
of mined land, so as to lessen any adverse impact of mineral 
extraction and processing upon the physical environment that 
may result from mining or mineral activities and to ensure that 
mineral extraction and processing not cause undue degradation 
of the natural and cultural resources of the public lands.
   For the purpose of this Act ``minerals'' shall include all 
minerals and mineral fuels including oil, gas, coal, oil shale 
and uranium.
   It shall be the responsibility of the Secretary of the 
Interior to carry out this policy when exercising his authority 
under such programs as may be authorized by law other than this 
Act. It shall also be the responsibility of the Secretary of 
Agriculture to carry out the policy provisions of clauses (1) 
and (2) of the first paragraph of this section.

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 
                                  1980



           *       *       *       *       *       *       *
                  PROGRAM PLAN AND REPORT TO CONGRESS

  Sec. 5. (a) Within 1 year after the date of enactment of this 
Act, the President shall submit to the Congress--
          (1) a program plan to implement such existing or 
        prospective proposals and organizational structures 
        within the executive branch as he finds necessary to 
        carry out the provisions set forth in sections 3 and 4 
        of this Act. The plan shall include program and budget 
        proposals and organizational structures providing for 
        the following minimum elements:
                  (A) policy analysis and decision 
                determination within the Executive Office of 
                the President;
                  (B) continuing long-range analysis of 
                materials use to meet national security, 
                economic, industrial and social needs; the 
                adequacy and stability of supplies; and the 
                industrial and economic implications of supply 
                shortages or disruptions;
                  (C) continuing private sector consultation in 
                Federal materials programs; and
                  (D) interagency coordination at the level of 
                the President's Cabinet;
          (2) recommendations for the collection, analysis, and 
        dissemination of information concerning domestic and 
        international long-range materials demand, supply and 
        needs, including consideration of the establishment of 
        a separate materials information agency patterned after 
        the Bureau of Labor Statistics; and
          (3) recommendations for legislation and 
        administrative initiatives necessary to reconcile 
        policy conflicts and to establish programs and 
        institutional structures necessary to achieve the goals 
        of a national materials policy.
  (b) In accordance with the provisions of the National Science 
and Technology Policy, Organization, and Priorities Act of 1976 
(42 U.S.C. 6601 et seq.), the Director of the Office of Science 
and Technology Policy shall:
          (1) through the Federal Coordinating Council for 
        Science, Engineering, and Technology coordinate Federal 
        materials research and development and related 
        activities in accordance with the policies and 
        objectives established in this Act;
          (2) place special emphasis on the long-range 
        assessment of national materials needs related to 
        scientific and technological concerns and the research 
        and development, Federal and private, necessary to meet 
        those needs; and
          (3) prepare an assessment of national materials needs 
        related to scientific and technological changes over 
        the next five years. Such assessment shall be revised 
        on an annual basis. Where possible, the Director shall 
        extend the assessment in 10- and 25-year increments 
        over the whole expected lifetime of such needs and 
        technologies.
  (c) The Secretary of Commerce, in consultation with the 
Federal Emergency Management Administration, the Secretary of 
the Interior, the Secretary of Defense, the Director of the 
Central Intelligence Agency, and such other members of the 
Cabinet as may be appropriate shall--
          (1) within 3 months after the date of enactment of 
        this Act, identify and submit to the Congress a 
        specific materials needs case related to national 
        security, economic well-being and industrial production 
        which will be the subject of the report required by 
        paragraph (2) of this subsection;
          (2) within 1 year after the date of enactment of this 
        Act, submit to the Congress a report which assesses 
        critical materials needs in the case identified in 
        paragraph (1) of this subsection, and which recommends 
        programs that would assist in meeting such needs, 
        including an assessment of economic stockpiles; and
          (3) continually thereafter identify and assess 
        additional cases, as necessary, to ensure an adequate 
        and stable supply of materials to meet national 
        security, economic well-being and industrial production 
        needs.
  (d) The Secretary of Defense, together with such other 
members of the Cabinet as are deemed necessary by the 
President, shall prepare a report assessing critical materials 
needs related to national security and identifying the steps 
necessary to meet those needs. The report shall include an 
assessment of the Defense Production Act of 1950 (50 U.S.C. 
App. 2061 et seq.), and the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. App. 98 et seq.). Such report shall 
be made available to the Congress within 1 year after enactment 
of this Act and shall be revised periodically as deemed 
necessary.
  (e) The Secretary of the Interior shall promptly initiate 
actions to--
          (1) improve the capacity of the Bureau of Mines to 
        assess international minerals supplies;
          (2) increase the level of mining and metallurgical 
        research by the Bureau of Mines in critical and 
        strategic minerals; and
          (3) improve the availability and analysis of mineral 
        data in Federal land use decisionmaking, except that 
        for National Forest System lands the Secretary of 
        Agriculture shall promptly initiate actions to improve 
        the availability and analysis of mineral data in public 
        land use decisionmaking.
A report summarizing actions required by this subsection shall 
be made available to the Congress within 1 year after the 
enactment of this Act.
  (f) In furtherance of the policies of this Act, the Secretary 
of the Interior shall collect, evaluate, and analyze 
information concerning mineral occurrence, production, and use 
from industry, academia, and Federal and State agencies. 
Notwithstanding the provisions of section 552 of title 5, 
United States Code, data and information provided to the 
Department by persons or firms engaged in any phase of mineral 
or mineral-material production or large-scale consumption shall 
not be disclosed outside of the Department of the Interior in a 
nonaggregated form so as to disclose data and information 
supplied by a single person or firm, unless there is no 
objection to the disclosure of such data and information by the 
donor: Provided, however, That the Secretary may disclose 
nonaggregated data and information to Federal defense agencies, 
or to the Congress upon official request for appropriate 
purposes.

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 2511 OF THE ENERGY POLICY ACT OF 1992

SEC. 2511. OIL SHALE CLAIMS.

  (a) Notice.--Notwithstanding any other provision of law, 
within 60 days from the date of enactment of this Act, the 
Secretary of the Interior shall provide notice to each holder 
of an unpatented oil shale mining claim of the requirements of 
this Act. Such notice shall be made by registered mail and b 
publication in a newspaper of general circulation in the areas 
in which such claims are located.
  (b) Full Patent.--The holder of a valid oil shale mining 
claim who has filed a patent application and received first 
half final certificate for patent by date of enactment of this 
Act, may obtain a patent pursuant to the general mining laws of 
the United States.
  (c) Patent.--(1) Notwithstanding any other provision of law, 
the holder of a valid oil shale mining claim who has filed a 
patent application which has been accepted for processing by 
the Department of the Interior by the date of enactment of this 
Act but has not received first half final certificate for 
patent by the date of enactment of this Act may receive only a 
patent limited to the oil shale and associated minerals, upon 
payment of $2.50 per acre. Title to the surface and to all 
other minerals, including, but not limited to, oil, gas, and 
cod, shall remain in the United States. Patents issued pursuant 
to this subsection shall provide for surface use to the same 
extent as is provided under applicable law prior to enactment 
of this Act with respect to oil shale mining claims, subject to 
the requirements of subsection (f).
  (2) Maintenance of claims referred to in this subsection 
prior to patent issuance shall be in accordance with the 
requirements of applicable law prior to enactment of this Act.
  (3) Any holder of a valid oil shale mining claim referred to 
in this subsection may maintain such claim in accordance with 
the requirements set forth in subsection (e)(2) in lieu of 
receiving a patent under this section.
  (4) Notwithstanding any other provision of law, any person 
referred to in paragraph (1) who obtains compensation from the 
United States as a result of the application of this section 
being declared to be a taking of property within the meaning of 
the Fifth Amendment to the United States Constitution, may 
obtain a full patent upon tender to the Secretary of the amount 
of such compensation, not including interest, and upon the 
receipt of such amount, the Secretary shall convey to such 
person a patent in the form and manner provided under the 
general mining laws of the United States. Such tender may only 
be made within 3 years of obtaining such compensation.
  (d) Election.--(1) Notwithstanding any other provision of 
law, within 180 days from the date of which the Secretary 
provided notice under subsection (a), a holder of a valid oil 
shale mining claim for which a patent application was not filed 
and accepted for processing by the Department of the Interior 
prior to the date of enactment of this Act shall file with the 
Secretary a notice of election--
          (A) proceed to limited patent as provided in 
        subsection (e)(1); or
          (B) maintain the unpatented claim as provided for in 
        subsection (e)(2).
  (2) Failure to file the notice of election as required by 
paragraph (1) shall be deemed conclusively to constitute an 
abandonment of the claim by operation of law.
  (3) Any claim holder who elects to proceed under paragraph 
(1)(A) must apply for a patent within 2 years from the date of 
election or notify the Secretary in writing prior to expiration 
of the 2-year period of a decision to maintain such claim as 
provided in paragraph (I)(B) or such claim shall be deemed 
conclusively to have been abandoned by operation of law.
  (4) The provisions of this subsection shall be in addition to 
the requirements of section 314 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1744).
  (e) Effect of Election.--(1) Notwithstanding any other 
provisions of law, a claim holder subject to the election 
requirements of subsection (d) who elects to receive a limited 
patent shall receive title only to the oil shale associated 
minerals, upon payment of fair market value for the oil shale 
and associated minerals. Title to the surface and to all other 
minerals, including, but not limited to oil, gas, and coal, 
shall remain in the United States. Patents issued pursuant to 
this subsection shall provide for surface use to the same 
extent as is provided under applicable law prior to the 
enactment of this Act with respect to oil shale mining claims, 
subject to the requirements of subsection (f).
  (2) Notwithstanding any other provision of law, a claim 
holder referred to in subsection (c) or a claim holder subject 
to the election requirements of subsection (dl who maintains or 
el& to maintain an unpatented claim shall maintain such claim 
by complying with the general mining laws of the United States, 
and with the provisions of this section, except that the claim 
holder shall no longer be required to perform annual labor, and 
instead shall pay to the Secretary $550 per claim per year for 
deposit as miscellaneous receipts in the general fund of the 
Treasury, commencing with calendar year 1993. Such fee shall 
accompany the filing made by the claim holder with the Bureau 
of Land Management pursuant to section 314(a)(2) of the Federal 
Land Policy and Management Act (43 U.S.C. 1744(a)(2)).
  (f) Reclamation.--In addition to other applicable 
requirements, any person who holds a limited patent or 
maintains a claim pursuant to this section shall be required to 
carry out reclamation [as prescribed by the Secretary] and to 
furnish a bond or other appropriate financial guarantee in an 
amount sufficient to ensure adequate reclamation of the lands 
to be disturbed by any aspect of the proposed mining activities 
in the same manner as required by title II of the Hardrock 
Leasing and Reclamation Act of 2019.
  (g) Reaffirmation of Requirements.--Without comment on the 
adequacy of current or former standards for determining 
validity of oil shale claims, Congress reaffirms the 
requirements of law that a patent may issue only to persons who 
hold valid claims and the need for careful review of any 
applications.
  (h) Issuance of Patents.--Notwithstanding any other provision 
of law, with respect to any oil shale mining claim located 
under the general mining laws of the United States, no patent 
for such claim shall be issued except as provided by this 
section.
                              ----------                              


                          ACT OF JULY 23, 1955

AN ACT To amend the Act of July 31, 1947 (61 Stat. 681) and the mining 
 laws to provide for multiple use of the surface of the same tracts of 
               the public lands, and for other purposes.



           *       *       *       *       *       *       *
  Sec. 3. [No] (a) No  deposit of common varieties of mineral 
materials, including sand, stone, gravel, pumice, pumicite, [or 
cinders] cinders, and clay and no deposit of petrified wood 
shall be deemed a valuable mineral deposit within the meaning 
of the mining laws of the United States so as to give effective 
validity to any mining claim hereafter located under such 
mining laws: Provided, however, That nothing herein shall 
affect the validity of any mining location based upon discovery 
of some other mineral occurring in or in association with such 
a deposit. ``Common varieties'' as used in this Act does not 
include deposits of such materials which are valuable because 
the deposit has some property giving it distinct and special 
value and does not include so-called ``block pumice'' which 
occurs in nature in pieces having one dimension of two inches 
or more. ``Petrified wood'' as used in this Act means agatized, 
opalized, petrified, or silicified wood, or any material formed 
by the replacement of wood by silica or other matter.
  (b)(1) Subject to valid existing rights, after the date of 
enactment of the Hardrock Leasing and Reclamation Act of 2019, 
notwithstanding the reference to common varieties in subsection 
(a) and to the exception to such term relating to a deposit of 
materials with some property giving it distinct and special 
value, all deposits of mineral materials referred to in such 
subsection, including the block pumice referred to in such 
subsection, shall be subject to disposal only under the terms 
and conditions of the Materials Act of 1947 (30 U.S.C. 601-
603).
  (2) For purposes of paragraph (1), the term ``valid existing 
rights'' means that a mining claim located for any such mineral 
material--
          (A) had and still has some property giving it the 
        distinct and special value referred to in subsection 
        (a), or as the case may be, met the definition of block 
        pumice referred to in such subsection;
          (B) was properly located and maintained under the 
        general mining laws prior to the date of enactment of 
        the Hardrock Leasing and Reclamation Act of 2019; and
          (C) was supported by a discovery of a valuable 
        mineral deposit within the meaning of the general 
        mining laws as in effect immediately prior to the date 
        of enactment of the Hardrock Leasing and Reclamation 
        Act of 2019.
  Sec. 4. (a) Any mining claim hereafter located under the 
mining laws of the United States shall not be used, prior to 
issuance of patent therefore, for any purposes other than 
prospecting, mining or processing operations and uses 
reasonably incident thereto.
  (b) Rights under any mining claim hereafter located under the 
mining laws of the United States shall be subject, prior to 
issuance of patent therefore, to the right of the United States 
to manage and dispose of the vegetative and mineral material 
surface resources thereof and to manage other surface resources 
thereof (except mineral deposits subject to location under the 
mining laws of the United States). Any such mining claim shall 
also be subject, prior to issuance of patent therefor, to the 
right of the United States, its permittees, and licensees, to 
use so much of the surface thereof as may be necessary for such 
purposes or for access to adjacent land: Provided, however, 
That any use of the surface of any such mining claim by the 
United States, its permittees or licensees, shall be such as 
not to endanger or materially interfere with prospecting, 
mining or processing operations or uses reasonably incident 
thereto: Provided further, That if at any time the locator 
requires more timber for his mining operations than is 
available to him from the claim after disposition of timber 
therefrom by the United States, subsequent to the location of 
the claim, he shall be entitled, free of charge, to be supplied 
with timber for such requirements from the nearest timber 
administered by the disposing agency which is ready for 
harvesting under the rules and regulations of that agency and 
which is substantially equivalent in kind and quantity to the 
timber estimated by the disposing agency to have been disposed 
of from the claim: Provided further, That nothing in this Act 
shall be construed as affecting or intended to affect or in any 
way interfere with or modify the laws of the States which lie 
wholly or in part westward of the ninety-eight meridian 
relating to the ownership, control, appropriation, use, and 
distribution of ground or surface waters within any unpatented 
mining claim.
  (c) Except to the extent required for the mining claimant's 
prospecting, mining or processing operations and uses 
reasonably incident thereto, or for the construction of 
buildings or structures in connection therewith, or to provide 
clearance for such operations or uses, or to the extent 
authorized by the United States, no claimant of any mining 
claim hereafter located under the mining laws of the United 
States shall, prior to issuance of patent therefore, sever, 
remove, or use any vegetative and mineral material or other 
surface resources thereof which are subject to management or 
disposition by the United States under the preceding subsection 
(b). Any severance or removal of timber which is permitted 
under the exceptions of the preceding sentence, other than 
severance or removal to provide clearance, shall be in 
accordance with sound principles of forest management.

           *       *       *       *       *       *       *

  Sec. 8. This Act may be cited as the ``Surface Resources Act 
of 1955''.
                              ----------                              


                          ACT OF JULY 31, 1947

AN ACT To provide for the disposal of materials on the public lands of 
                           the United States.

  Section 1. The Secretary, under such rules and regulations as 
he may prescribe, may dispose of mineral materials (including 
but not limited to [common varieties of] the following: sand, 
stone, gravel, pumice, pumicite, cinders, and clay) and 
vegetative materials (including but not limited to yucca, 
manzanita, mesquite, cactus, and timber or other forest 
products) on public lands of the United States, including, for 
the purposes of this Act, land described in the Acts of August 
28, 1937 (50 Stat. 874), and of June 24, 1954 (68 Stat. 270), 
if the disposal of such mineral or vegetative materials (1) is 
not otherwise expressly authorized by law, including, but not 
limited to, the Act of June 28, 1934 (48 Stat. 1269), as 
amended, and the United States mining laws, and (2) is not 
expressly prohibited by laws of the United States, and (3) 
would not be detrimental to the public interest. Such materials 
may be disposed of only in accordance with the provisions of 
this Act and upon the payment of adequate compensation 
therefore, to be determined by the Secretary: Provided, 
however, That, to the extent not otherwise authorized by law, 
the Secretary is authorized in his discretion to permit any 
Federal, State, or Territorial agency, unit or subdivision, 
including municipalities, or any association or corporation not 
organized for profit, to take and remove, without charge, 
materials and resources subject to this Act, for use other than 
for commercial or industrial purposes or resale. Where the 
lands have been withdrawn in aid of a function of a Federal 
department or agency other than the department headed by the 
Secretary or of a State, Territory, county, municipality, water 
district or other local governmental subdivision or agency, the 
Secretary may make disposals under this Act only with the 
consent of such other Federal department or agency or of such 
State, Territory, or local governmental unit. Nothing in this 
Act shall be construed to apply to lands in any national park, 
or national monument or to any Indian lands, or lands set aside 
or held for the use or benefit of Indians, including lands over 
which jurisdiction has been transferred to the Department of 
the Interior by Executive order for the use of Indians. As used 
in this Act, the word ``Secretary'' means the Secretary of the 
Interior except that it means the Secretary of Agriculture 
where the lands involved are administered by him for national 
forest purposes or for the purposes of title III of the 
Bankhead-Jones Farm Tenant Act or where withdrawn for the 
purpose of any other function of the Department of Agriculture.

           *       *       *       *       *       *       *

  Sec. 5. This Act may be cited as the ``Materials Act of 
1947''.
                              ----------                              


                         ACT OF AUGUST 4, 1892

 AN ACT to authorize the entry of lands chiefly valuable for building 
                  stone under the placer mining laws.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, [That any 
person authorized to enter lands under the mining laws of the 
United States may enter lands that are chiefly valuable for 
building stone under the provisions of the law in relation to 
placer mineral claims: Provided, That lands reserved for the 
benefit of the public schools or donated to any State shall not 
be subject to entry under this act.]
  [Sec. 2.  That an act entitled ``An act for the sale of 
timber lands in the State of California, Oregon, Nevada, and 
Washington Territory,'' approved June third, eighteen hundred 
and seventy-eight, be, and the same is hereby, amended by 
striking out the words ``States of California, Oregon, Nevada, 
and Washington Territory'' where the same occur in the second 
and third lines of said act, and insert in lieu thereof the 
words, ``public-land States,'' the purpose of this act being to 
make said act of June third, eighteen hundred and seventy-
eight, applicable to all the public-land States.
  [Sec. 3. That nothing in this act shall be construed to 
repeal section twenty-four of the act entitled ``An act to 
repeal timber-culture laws, and for other purposes,'' approved 
March third, eighteen hundred and ninety-one,]
                              ----------                              


                        ACT OF JANUARY 31, 1901

           AN ACT extending the mining laws to saline lands.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, [That all 
unoccupied public lands of the United States containing salt 
springs, or deposits of salt in any form, and chiefly valuable 
therefor, are hereby declared to be subject to location and 
purchase under the provisions of the law relating to placer-
mining claims: Provided, That the same person shall not locate 
or enter more than one claim hereunder.]

                            DISSENTING VIEWS

    We are opposed to H.R. 2579 as ordered reported from the 
Committee on Natural Resources.
    Domestic hardrock mining provides essential metals and 
materials used in industries across the country, including 
high-tech equipment such as smartphones, defense systems, and 
wind and solar energy technologies.\1\ Despite substantial 
domestic reserves, the vast majority of hardrock resources 
comes from abroad, China in particular. Should there be a break 
in relations with China or other foreign suppliers, the United 
States could face severe shortages. Moreover, since the U.S. 
has some of the best environmental and human labor standards in 
the world, it seems preferable--as well as safer for the supply 
chain--to maximize domestic production of these metals and 
materials.
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    \1\David Iaconangelo. ``Rare earth `critical' for U.S. offshore 
projects--study.'' E&E News. April 5, 2019. https://www.eenews.net/
energywire/2019/04/05/stories/1060143799.
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    The hardrock mining industry is very different from other 
extractive industries, and a conversion into a leasing system 
as provided by H.R. 2579, combined with the assessment of high 
royalties under the bill, would be detrimental to the industry 
and the United States. Unlike ``leasable'' minerals like oil, 
gas, and coal, hardrock resources (or ``locatable'' minerals) 
do not have a traditional leasing structure. Instead, the 
General Mining Law of 1872 enables the public to explore for 
and develop mineral resources on federal land.\2\ Unlike other 
resources, mineral rights are established through mining 
claims, and maintained by an initial location fee and annual 
claim maintenance fees.\3\
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    \2\Bureau of Land Management. Fact Sheet, ``Locatable Minerals 
(Hardrock and Placer Mining).'' https://www.blm.gov/programs/energy-
and-minerals/mining-and-minerals/locatable-minerals.
    \3\Bureau of Land Management. Fact Sheet, ``Mining Claim Fees.'' 
https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/
locatable-minerals/mining-claims/fees.
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    The location fees and claim maintenance fees are paid 
instead of a more traditional royalty, and this is often 
mischaracterized as an unfair advantage for mining companies 
and lost revenue for the taxpayer. However, this interpretation 
shows a major misunderstanding of the hardrock mining business 
model and its singular challenges. Unlike minerals such as coal 
which occur in large ``seams,'' hardrock minerals are sparsely 
scattered across a given area.\4\ It regularly takes hundreds 
of millions of dollars in upfront capital costs for 
exploration, plus almost a decade of permitting due to 
environmental review requirements under the National 
Environmental Policy Act and other laws, before production can 
even begin.\5\ In contrast, permitting timeframes for hardrock 
mines in countries like Canada and Australia average 2-3 
years.\6\ It could take over ten years and $1 billion before a 
company sees any product in the United States.\7\ Switching to 
a traditional leasing system, when the presence of economic 
quantities of minerals cannot be guaranteed and production may 
not even begin in the first 10-year period, would be nearly 
impossible circumstances in which to run a profitable 
operation.
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    \4\Briefing from the National Mining Association. March 2019.
    \5\Briefing from the National Mining Association. March 2019.
    \6\SNL Metals & Mining, ``Permitting, Economic Value and Mining in 
the United States,'' June 2015. https://nma.org/wp-content/uploads/
2016/09/SNL_Permitting_Delay_Report-Online.pdf.
    \7\Briefing from the National Mining Association. March 2019.
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    Further, the product is still far from a marketable state 
even after an economic discovery is made. Unlike coal, oil, or 
gas, which are close to saleable when they come out of the 
ground, hardrock minerals must go through a lengthy and 
expensive refining process. And due to decades of unfriendly 
regulations, the U.S. no longer has the refining capacity for 
the majority of these resources.\8\ Instead, ore is shipped 
overseas to be refined and processed before the product is 
ready for sale. This adds even more time and expense to an 
already extremely long and costly project. Another complication 
is the broad variety of commodities under the umbrella of 
``hardrock mining,'' which covers a very large group of non-
fuel minerals, including precious metals, rare earths, zinc, 
lead, tellurium, and many others. All of these have different 
levels of rarity with fluctuating commodity prices. Setting an 
arbitrary royalty level, seemingly just to have parity with 
other industries, is not an appropriate way to get a ``fair 
return'' from hardrock companies. In fact, it is more likely to 
drive them out of business or out of the country.
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    \8\U.S. Geological Survey. ``Draft Critical Mineral List--Summary 
of Methodology and Background Information--U.S. Geological Survey 
Technical Input Document in Response to Secretarial Order No. 3359.'' 
2018. https://pubs.usgs.gov/of/2018/1021/ofr20181021.pdf.
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    Another element to consider is that, at its heart, the 1872 
General Mining Law is a land tenure law. Security of tenue is 
essential to hardrock mining operations, in part because the 
production timeline is so long. H.R. 2579 would not only 
establish a royalty for new mines, but also for existing mines, 
which could likely result in many ``takings'' claims--that is, 
the assertion that property, or a portion of the value of that 
property, has been taken by the government.\9\ Exempting mining 
claims with a valid existing discovery from the royalty may 
help alleviate some of these concerns; however, the Department 
of the Interior would face an almost impossible challenge of 
deciding which, out of hundreds of thousands of existing 
claims, possess a valid existing discovery.\10\
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    \9\Statement of James F. Cress. Testimony before the Committee on 
Natural Resources, Subcommittee on Energy and Mineral Resources. July 
20, 2017.
    \10\Statement of James F. Cress. Testimony before the Committee on 
Natural Resources, Subcommittee on Energy and Mineral Resources. July 
20, 2017.
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    Another criticism of the General Mining Law and hardrock 
mining today is the lack of a federal mechanism to clean up 
abandoned mines. There are thousands of hazardous abandoned 
hardrock sites across the country, and States cannot afford to 
clean them up alone.\11\ One of the provisions in H.R. 2579 
establishes a remediation fund, similar to that for abandoned 
coal mines, using the royalty revenues created by the bill. 
However, if this bill truly aims to decrease the number of 
hardrock AML sites, putting a crippling royalty on the industry 
would not be an effective way to do so. A large gross royalty 
would simply incentivize companies to move their operations 
abroad, or at least onto private or State lands. The AML 
problem would remain relatively unchanged, but the U.S. could 
lose much of its hardrock production in the attempt.
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    \11\U.S. Bureau of Land Management, official website on abandoned 
mines. https://abandonedmines.gov/.
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    This bill imposes an unworkable leasing system and high, 
ill-conceived royalties on a challenging domestic industry, 
ostensibly to get a ``fairer'' return for the taxpayer. But the 
effect would be to force hardrock mining interests out of the 
United States, exacerbating our reliance on foreign nations for 
the minerals needed for our economic prosperity and national 
security. For these reasons, we oppose H.R. 2579 as ordered 
reported.

                                   Rob Bishop (UT).
                                   Don Young.
                                   Doug Lamborn.
                                   Robert Wittman.
                                   Paul A. Gosar.
                                   Bruce Westerman.
                                   Jody B. Hice.
                                   Kevin Hern.

            ADDITIONAL DISSENTING VIEWS FROM REP. PAUL GOSAR

    I am opposed to H.R. 2579, the Hardrock Leasing and 
Reclamation Act of 2019, and join the views of my other 
colleagues in opposing this legislation. However, I believe we 
must go a step further and make it clear, H.R. 2579 is a threat 
to our future. If you want a cleaner future, a more affordable 
and electrified future, it will only start with a shovel in the 
ground mining the minerals needed to build that future.
    My Democrat colleagues tell us that their overwhelming goal 
in this Congress through dozens of hearings is fighting climate 
change, pushing the end of fossil fuels and the electrification 
of America. Yet here they are championing misguided legislation 
that will cripple our nation's ability to respond to the demand 
for electricity in the future.
    Throughout America our demand for electricity is growing, 
year in and year out we want, need and use more electricity. To 
meet this demand, we will need more raw and critical minerals 
and new land access for the development of those minerals. Yet 
with this bill my Democrat colleagues fail to even establish 
any pretense that they want more mining in America to meet our 
demand. Nor do they support domestic manufacturing. It is their 
goal to hamstring American development, manufacturing and 
workers, leaving our nation more dependent on foreign imports.
    America is already one hundred percent dependent on dozens 
of critical minerals. Minerals that are critical to everything 
from smart phones to electric cars. In fact, Tesla recently 
warned that a lack of investment in the mining sector is 
creating a shortage of key minerals needed to build electric 
vehicles.
    Lets be abundantly clear, a cleaner energy future is only 
possible with an abundant supply of critical minerals. We have 
allowed our domestic rare earth mines to be closed, shredding 
our domestic security by forcing our industrial and Defense 
apparatus to depend on foreign powers for these crucial 
materials.
    Currently, the United States relies on China for twenty 
different critical minerals including several highlighted by 
the Department of Defense. This irrational overreliance 
threatens our national security by imperiling our ability to 
make equipment and weapons essential to mission success.
    But it isn't just rare earths that threaten our security, 
it is our complete position on domestic mining. From the 
Rosemont Mine and Resolution Copper projects in Arizona, to 
Twin Metals in Minnesota and numerous projects across Alaska, 
Wyoming and Nevada.
    Our nation needs more copper, zinc, lithium and cobalt to 
achieve a cleaner energy future. We need more helium for 
manufacturing and medical devices, yet the domestic permitting 
process for these projects are measured in hundreds of millions 
of dollars and decades of permitting.
    If a company wants to open a major mine in America today, 
its investors must be prepared to spend tens to hundreds of 
millions of dollars to simply a bet on potential exploration 
and permitting without any assurance of success.
    Yet, if we as a nation want a more reliable electric 
future, we will need these minerals and reliable energy 
infrastructure. If we want that to happen in a timely fashion, 
so projects can get ``shovel ready,'' we need to reform NEPA to 
return it to a project approval process, not a project 
rejection and lawsuits process. We need domestic mining to 
secure our access to these critical resources. If we want jobs, 
economic opportunity and a future that is brighter, we must 
reject H.R. 2579 in favor of a policy that promotes American 
industry, not cripples it.
                                   Paul Gosar.