119-hr1865

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1865 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1865

 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.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 5, 2025

 Mr. Grijalva (for himself and Mr. Huffman) introduced the following 
 bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

 A BILL

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Mining Waste, 
Fraud, and Abuse Prevention Act of 2025''.

    (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 licenses and hardrock leases.

Sec. 104. Competitive leasing.

Sec. 105. Small miner's lease.

Sec. 106. Land 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.
 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 PROGRAM

Sec. 401. Funds credited to the Abandoned Hardrock Mine Reclamation 
 Program.

Sec. 402. Displaced material reclamation fee.
 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 ``Abandoned Hardrock Mine Reclamation 
 Program'' means the program established by 

section 40704 of the 
 Infrastructure Investment and Jobs Act (30 U.S.C. 1245).

    (2) The term ``adjacent land'' means any land not more than 
 2 miles from the boundary of a described land tract.

    (3) The term ``affiliate'' means, with respect to any 
 person, any of the following:
        (A) Any person that 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.

    (4) The term ``agency'' has the meaning given the term in 
 

section 3502 of title 44, United States Code.

    (5) The term ``applicant'' means any person applying for a 
 lease, license, or permit under this Act or a modification to 
 or a renewal of a lease, license, or permit issued under this 
 Act.

    (6) 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.

    (7) The term ``casual use''--
        (A) means mineral activities that do not ordinarily 
 result in any disturbance of Federal land 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; or
            (iv) the use of toxic or hazardous 
 materials.

    (8) The term ``claim holder'' means--
        (A) any person holding a mining claim, millsite, or 
 tunnel site located under the general mining laws or 
 this Act and maintained in compliance with such laws; 
 and
        (B) any agent of such person.

    (9) The term ``control'' means having the ability, directly 
 or indirectly, to determine (without regard to whether 
 exercised through 1 or more corporate structures) the manner in 
 which an entity conducts mineral activities, through any means, 
 including--
        (A) ownership interest;
        (B) authority to commit the real or financial 
 assets of the entity;
            (C) position as a director, officer, or partner of 
 the entity; or
            (D) contractual arrangement.

    (10) The term ``displaced material'' means any raw ore or 
 waste dislodged from its location by human disturbance, 
 including from hardrock mineral activities.

    (11) The term ``exploration''--
        (A) 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''--
        (A) means any land, and any interest in land, that 
 is owned by the United States; and
        (B) does not include--
            (i) lands in the National Park System;
            (ii) Indian lands; or
            (iii) lands on the Outer Continental Shelf.

    (13) The term ``hardrock mineral''--
        (A) means any mineral that was subject to location 
 under the general mining laws as of the effective date 
 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 Act for Acquired 
 Lands (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.

    (14) The term ``Indian lands'' means--
        (A) lands held in trust for the benefit of an 
 Indian Tribe or Indian;
        (B) lands held by an Indian Tribe or Indian subject 
 to a restriction by the United States against 
 alienation; or
            (C) lands 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 ``mining claim'' means any mining claim made 
 pursuant to--
        (A) this Act; or
        (B) the Mining Law of 1872 (30 U.S.C. 22 et seq.) 
 before the effective date of this Act.

    (17) The term ``mineral activities'' means any activity 
 carried out on a mining claim, millsite, or tunnel site, 
 authorized by 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 ``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 the following:
        (A) National Volcanic Monuments.
        (B) Recreation Areas, Scenic Recreation Areas, and 
 Winter Recreation Areas.
            (C) Scenic Areas, Scenic-Research Areas, Scenic 
 Highways, and 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.

    (19) The term ``operator'' means--
        (A) any person proposing or authorized by a permit 
 issued under this Act to conduct mineral activities; 
 and
        (B) any agent of such person.

    (20) 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.

    (21) The term ``processing'' means processes downstream of 
 beneficiation employed to prepare hardrock mineral ore into a 
 final marketable product, including smelting and electrolytic 
 refining.

    (22) The term ``raw ore'' means ore in its unprocessed 
 form, containing profitable amounts of a hardrock mineral.

    (23) The term ``reclamation'' means taking measures 
 following the disturbance of Federal land by mineral activities 
 to meet applicable performance standards and achieve conditions 
 required by the Secretary concerned at the conclusion of such 
 mineral activities, including, where applicable--
        (A) isolation, control, or removal of acid-forming, 
 toxic, or deleterious substances;
        (B) regrading and reshaping to conform with 
 adjacent landforms, facilitate revegetation, control 
 drainage, and minimize erosion;
            (C) rehabilitation of fisheries or wildlife 
 habitat;
            (D) placement of growth medium and establishment of 
 self-sustaining revegetation;
        (E) removal or stabilization of buildings, 
 structures, or other support facilities;
        (F) plugging of drill holes and closure of 
 underground workings; and
        (G) providing for post-mining monitoring, 
 maintenance, or treatment.

    (24) 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.

    (25) The term ``Secretary'' means the Secretary of the 
 Interior, unless otherwise specified.

    (26) 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.

    (27)
        (A) The term ``small miner'' means a person (including 
 all related parties thereto) that--
            (i) holds not more than 10 mining claims, 
 millsites, or tunnel sites, or any combination thereof, 
 on Federal land;
            (ii) is a claim holder or operator 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. 22 et seq.) to 
 maintain any mining claims held by the person and all 
 related parties thereto 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 or qualifying child (as such term is 
 defined in 

section 152 of the Internal Revenue Code of 
 1986) of such person; or
            (ii) an affiliate 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 and all related 
 parties with respect to such person, including mining claims 
 located or for which a patent was issued before the effective 
 date of this Act.

    (28) The term ``temporary cessation'' means a halt in 
 mineral activities for a continuous period that does not exceed 
 5 years.

    (29) The term ``ton'' means 2,000 pounds avoirdupois 
 (.90718 metric ton).

    (30) The term ``unnecessary or undue degradation'' means 
 irreparable harm to significant scientific, cultural, or 
 environmental resources on Federal land.

    (31) The term ``valuable mineral deposit'' means a deposit 
 of hardrock minerals that is of sufficient value for a prudent 
 operator to extract, remove, and market at a profit.

    (32) The term ``waste'' means rock that must be fractured 
 and removed in order to gain access to raw 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) Application to Existing Claims.--This Act shall apply to any 
mining claim, millsite, or tunnel site located under the general mining 
laws before or on the effective date of this Act.

    (b) Application to Benefaction or Processing Activities.--This Act 
shall apply in the same manner and to the same extent to mining claims, 
millsites, tunnel sites, and any land included in a lease, license, or 
permit 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 land is closed to entry and 
location under the general mining laws, and no new rights under the 
general mining laws may be acquired.

    (b) Existing Claims Without Plan of Operations.--

    (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 such 
 date if the claim holder 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.--The Secretary concerned may convert a 
 claim described in paragraph

    (1) to a noncompetitive mining 
 lease pursuant to the regulations issued under subsection
            (d) if such Secretary determines that the claim holder has shown 
 the presence of a valuable mineral deposit on the land subject 
 to such claim.

    (4) Claims not converted.--Any claims described in 
 paragraph

    (1) not converted to noncompetitive leases under 
 paragraph

    (3) at the end of the applicable period under 
 paragraph

    (1) or

    (2) shall be void.
            (c) Existing Claims With Plan of Operations.--

    (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 on the 
 effective date of this Act--
        (A) during the 10-year period beginning on the 
 effective date of this Act--
            (i) mineral activities on lands subject to 
 such claim shall be subject to such plan of 
 operations; and
            (ii) the Secretary shall allow the operator 
 to make changes to such plan subject to 
 applicable law as in effect on the day before 
 the effective date of this Act if the Secretary 
 determines that the requested changes are 
 minor; 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 by the claim holder and an approved plan of 
 operations expires before the Secretary concerned takes action 
 on such application, mineral activities and reclamation may 
 continue in accordance with the terms of the expired plan of 
 operations until the Secretary concerned makes an 
 administrative decision on the application.

    (3) Conversion requirement.--
        (A) In general.--A claim described in paragraph

    (1) may remain in effect for a period of not more than 10 
 years.
        (B) Fee.--A claim described in paragraph

    (1) that 
 is not converted to a noncompetitive lease pursuant to 
 the regulations issued under subsection
            (d) before the 
 end of such period shall, beginning on the first date 
 after the end of such period, be subject to a fee of 
 $100 per acre per day until such claim is converted to 
 a noncompetitive lease.
            (d) Conversion Regulations.--

    (1) In general.--Not later than 1 year after the effective 
 date of this Act, the Secretary shall issue regulations 
 regarding the conversion of existing mining claims to 
 noncompetitive mining leases.

    (2) Content.--Such regulations shall--
        (A) prohibit the conversion of a mining claim to a 
 mining lease by a claim holder who is in violation of 
 this Act or other State or Federal environmental, 
 health, or worker safety laws;
        (B) allow the Secretary to exercise discretion to 
 include nonmineral lands within the boundaries of any 
 millsite associated with the mining claim to be 
 converted to a noncompetitive lease;
            (C) prohibit the area in any noncompetitive mining 
 lease issued under this section from exceeding the 
 maximum area authorized by this Act to be leased to any 
 person;
            (D) require the consent of the surface managing 
 agency for conversion of a mining claim to a 
 noncompetitive mining lease;
        (E) require the financial terms of the converted 
 noncompetitive mining lease to be the same as those 
 provided in this Act for other hardrock mining leases; 
 and
        (F) 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.) to issue a 
noncompetitive mining lease under this section, unless such 
noncompetitive mining lease modifies or extends the surface disturbance 
already authorized under a mine plan of operations covering the mining 
claim that is converted.

SEC. 102. LIMITATION ON PATENTS.

    (a) Mining Claims.--

    (1) Determinations required.--After the effective date 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 such mining claim--
        (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 Mining Law of 1872 (30 U.S.C. 29 
 and 30), in the case of a vein or lode claim, or 
 sections 2329, 2330, 2331, and 2333 of that Act (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 required under paragraph

    (1) for any mining 
 claim, the claim holder shall be entitled to the issuance of a 
 patent in the same manner and degree to which such claim holder 
 would have been entitled to before the effective date of this 
 Act, unless such determinations are withdrawn or invalidated by 
 the Secretary or by a court of the United States.

    (b) Millsites.--

    (1) Determinations required.--After the effective date of 
 this Act, no patent shall be issued by the United States for 
 any millsite located under the general mining laws unless the 
 Secretary determines that, for such millsite--
        (A) a patent application 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 required under paragraph

    (1) for any millsite, 
 the claim holder shall be entitled to the issuance of a patent 
 in the same manner and degree to which such claim holder would 
 have been entitled to before the effective date of this Act, 
 unless such determinations are withdrawn or invalidated by the 
 Secretary or by a court of the United States.

SEC. 103. PROSPECTING LICENSES AND HARDROCK LEASES.

    (a) In General.--No person may conduct mineral prospecting for 
commercial purposes for any hardrock mineral on Federal land without a 
prospecting license or a small miner's lease.

    (b) Prospecting Licenses.--

    (1) In general.--The Secretary may, under such regulations 
 as the Secretary may issue 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 land for a 
 period not longer than 2 years.

    (2) Maximum area.--The area subject to a prospecting 
 license granted under paragraph

    (1) shall not exceed 2,560 
 acres of land, in reasonably compact form.

    (3) Prospecting license application fee.--The Secretary 
 shall charge a fee for each prospecting license application to 
 cover the costs of reviewing such application.

    (4) Annual rental.--Each prospecting license granted under 
 paragraph

    (1) shall be subject to annual rentals equal to $10 
 per acre per year.

    (5) Terms and conditions.--A prospecting license shall 
 conform with the terms and conditions of a comprehensive land 
 use plan approved under--
        (A) the Federal Land Policy and Management Act of 
 1976 (43 U.S.C. 1701 et seq.); or
        (B) the Forest and Rangeland Renewable Resources 
 Planning Act of 1974 (16 U.S.C. 1600 et seq.).

    (6) Areas without approved comprehensive land use plan.--
 For land covered by a prospecting license for which a 
 comprehensive land use plan treating hardrock mining as a 
 multiple-use activity has not been completed, the Secretary 
 concerned shall ensure that such land is suitable for mineral 
 activities.

    (7) Extension.--The Secretary may extend a prospecting 
 license granted under this subsection for not more than 
 additional 4 years upon a showing by the licensee that--
        (A) the licensee explored with reasonable diligence 
 and was unable to determine the existence and 
 workability of a valuable mineral deposit covered by 
 the license; or
        (B) if the licensee failed to perform diligent 
 prospecting activities, such failure was due to 
 conditions beyond the control of the licensee.
            (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 mineral deposit 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 not 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.

    (2) Rentals.--
        (A) In general.--Rentals for a lease under this 
 section shall be set by the Secretary at not less than 
 $10 per acre per year, with rentals paid in any 1 year 
 credited against royalties accruing for that year.
        (B) Operations permit.--A lessee under this section 
 is not entitled to an operations permit.

    (3) Lease period.--
        (A) In general.--A lease under this subsection 
 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.--The Secretary 
 may issue not more than 1 10-year extension of a lease 
 under this subsection if hardrock minerals are not 
 being produced in commercial quantities at the end of 
 the primary, or any subsequent, term of such lease 
 and--
            (i) it is in the interest of conservation 
 or reclamation maintenance;
            (ii) the lessee shows that the lease cannot 
 be successfully operated at a profit; or
            (iii) the Secretary determines that issuing 
 such extension is appropriate.
            (C) Definition of commercial quantities.--In this 
 paragraph, the term ``commercial quantities'' means any 
 economic amount sold, bartered, or traded for profit.
            (d) Cumulative Acreage Limitation.--No person may take, hold, own, 
or control at 1 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 1 State.

    (e) Reduction of Royalty Rate.--

    (1) In general.--Subject to paragraph

    (2) , the Secretary--
        (A) may reduce the royalty rate for a lease under 
 this section upon a showing by clear and convincing 
 evidence by the operator that production would not 
 occur without the reduction in royalty rate; and
        (B) may reduce the royalty and rental rates for a 
 lease under this section to encourage exploration for 
 and development of critical minerals (as such term is 
 defined in 

section 7002

    (a) of the Energy Act of 2020 
 (30 U.S.C. 1606

    (a) ).

    (2) Limitation.--The Secretary may not reduce the royalty 
 rate for a lease pursuant to paragraph

    (1) to less than 6.25 
 percent.

    (f) Protection of Land and Other Resources.--The Secretary, in 
consultation with any applicable surface management agency, may include 
in any lease or license issued under this Act such provisions as are 
necessary to adequately protect land and other resources in the 
vicinity of the area subject to the lease or license.

SEC. 104. COMPETITIVE LEASING.

    (a) In General.--Subject to sections 111 and 112, Federal land 
known to contain valuable mineral deposits that is not covered by 
claims, licenses, or leases issued under this Act may only be open to 
hardrock mineral exploration or development through competitive leasing 
by the Secretary through such methods the Secretary may adopt by 
regulation and in such areas as the Secretary may determine, including 
nonmineral lands the Secretary considers necessary for processing or 
milling operations.

    (b) Limitation.--The total area of land subject to a competitive 
lease under this section shall not exceed 2,560 acres.
            (c) 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 MINER'S LEASE.

    (a) In General.--The Secretary may issue a small miner's lease to a 
qualified small miner that applies, under such regulations as the 
Secretary may issue, including conditions to require diligent 
development of such lease and to ensure protection of surface resources 
and ground water.

    (b) Exclusive Right.--A small miner's lease shall give the lessee 
the exclusive right to prospect for hardrock minerals for 3 years on 
not more than 200 acres of contiguous or noncontiguous Federal land.
            (c) Application Fee.--The Secretary shall charge a reasonable 
application fee for a small miner's lease under this subsection

    (a) .
            (d) Rentals.--Annual rentals for a small miner's lease issued under 
this section shall be $5 per acre per year for the first 3 years.

    (e) Renewal.--A small miner's leases issued under this section may 
be renewed for any number of additional 3-year periods. The rental for 
such a renewed lease shall be $10 per acre per year rental charged.

    (f) Challenge.--

    (1) In general.--Any individual may file a challenge with 
 the Secretary that a lessee is in violation of the diligence 
 terms of a small miner's lease or does not qualify as a small 
 miner.

    (2) Renewal when subject to challenge.--A small miner's 
 lease that is subject to a challenge under paragraph

    (1) may 
 not be renewed unless the Secretary has determined that the 
 lessee is a small miner and is in compliance with all the terms 
 of the small miner's lease.

    (g) No Royalties.--The Secretary shall not charge royalties for 
commercial production under a small miner's lease.

    (h) Conversion of Existing Claims.--A claim existing on the 
effective date of this Act that belongs to an individual that qualifies 
as a small miner may be converted to a small miner's lease under the 
same terms and conditions that apply to a small miner's lease under 
this section, 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 miner's lease--

    (1) may only be held by the primary lease holder, 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 lease holder; and

    (3) is subject to all permitting requirements under this 
 Act.

    (j) Conversion to Hardrock Mineral Lease.--

    (1) In general.--If, with regard to a small miner's lease, 
 the lessee does not qualify as a small miner at the time such 
 lessee applies for a renewal of such lease, such lessee shall 
 not be eligible to renew such lease, but shall be eligible for 
 a noncompetitive hardrock mineral lease issued under 

section 103
            (c) .

    (2) Royalties.--Notwithstanding 

section 103
            (c) (1) , 
 royalties under a small miner's lease converted to a hardrock 
 mineral lease under this subsection shall only be due on the 
 gross income that exceeds $50,000 annually or the amount of 
 gross income specified by the Secretary as of the time such 
 noncompetitive lease is issued.

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

    (a) In General.--In issuing licenses and leases under this Act for 
land that contains 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 issue regulations to 
 allow for other uses of the land 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) Terms and conditions.--The Secretary shall include in 
 each prospecting license issued under 

section 103

    (b) such terms 
 and conditions as the Secretary determines necessary to avoid 
 unreasonable interference with other uses occurring on, or 
 other leases of, the licensed land.

    (3) Leases.--The Secretary shall include in leases issued 
 under this Act stipulations to allow for simultaneous 
 operations under other leases for the same land.

SEC. 107. ROYALTY.

    (a) Existing Production.--

    (1) In general.--Production of hardrock minerals, mineral 
 concentrates, or products derived from hardrock minerals on 
 Federal land under an operations permit from which valuable 
 hardrock minerals were produced in commercial quantities before 
 the effective date of this Act, other than production under a 
 small miner's lease, shall be subject to a royalty established 
 by the Secretary of not less than 8 percent of the gross value 
 of such production.

    (2) Additional federal land.--Production of hardrock 
 minerals, mineral concentrates, or products derived from 
 hardrock minerals on Federal land added through a plan 
 modification to an operations permit that is submitted after 
 the effective date of this Act shall be subject to a royalty 
 established by the Secretary for such lease of not less than 
 12.5 percent of the gross value such production.

    (b) Liability.--The claim holder or lessee, or any operator to whom 
the claim holder or lessee has assigned the obligation to make royalty 
payments under the claim or lease and any person who controls such 
claim or lease holder or 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 made available to carry out, to 
 remain available until expended without fiscal year limitation, 
 the Abandoned Hardrock Mine Reclamation Program.
            (d) Duties of Claim Holders, Lessees, Operators, and 
Transporters.--

    (1) Regulation.--The Secretary shall issue regulations 
 regarding the time and manner in which a person who is required 
 to make a royalty payment under this section shall--
        (A) make such payment; and
        (B) 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 such 
 royalty payments.

    (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 issue by regulation, 
 taking into account the variety of circumstances on 
 areas subject to mining claims and leases; and
        (B) not later than the fifth 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 
 regulation 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 appropriate.

    (e) Recordkeeping and Reporting Requirements.--

    (1) In general.--
        (A) Requirement.--A claim holder or lessee, 
 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 regulations 
 or orders under this section.
        (B) Inclusions.--
            (i) Records.--Records described in 
 subparagraph
        (A) shall include periodic 
 reports, records, documents, and other data.
            (ii) Reports.--Reports described in 
 subparagraph
        (A) may 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 to conduct 
 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 holder or lessee, 
 operator, or other person referred to in paragraph

    (1)
        (A) to 
 cooperate with an audit or investigation under paragraph

    (2) , 
 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.--
        (A) In general.--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.
        (B) Audit or investigation.--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.--

    (1) In general.--The Secretary is authorized to conduct 
 such audits of all claim holders or lessees, 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 determines necessary for 
 the purposes of ensuring compliance with the requirements of 
 this section.

    (2) Availability of information.--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, 
 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 entered 
 into under paragraph

    (1) , the Secretary of Agriculture shall, 
 upon request, have access to all royalty accounting information 
 in the possession of the Secretary with respect to the 
 production, removal, or sale of hardrock minerals, 
 concentrates, or products derived therefrom from claims or 
 leases on land open to mineral exploration and production under 
 this Act.

    (3) Confidential information.--
        (A) In general.--Trade secrets, proprietary 
 information, 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 
 ensure compliance with this Act and other Federal laws.
        (B) Protection of information.--The Secretary, the 
 Secretary of Agriculture, and other Federal officials 
 shall ensure that the information described in 
 subparagraph
        (A) is provided protection in accordance 
 with the requirements of that section.

    (h) Interest and Substantial Underreporting Assessments.--

    (1) Payments not received.--
        (A) In general.--In the case of mining claims or 
 leases where royalty payments are not received by the 
 Secretary on the date that such payments are 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.
        (B) Computation.--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 
 more than 25 percent of the amount of the underreporting.

    (3) Self-reporting.--The Secretary may waive or reduce the 
 assessment under paragraph

    (2) if the person liable for royalty 
 payments under this section corrects the underreporting before 
 the later of--
        (A) the date such person receives notice from the 
 Secretary that an underreporting may have occurred; and
        (B) the date that is 90 days after the effective 
 date of this Act.

    (4) Waiver.--The Secretary shall waive any portion of an 
 assessment under paragraph

    (2) attributable to that portion of 
 the underreporting for which the person responsible for paying 
 the royalty demonstrates that such person--
        (A) had written authorization from the Secretary to 
 report royalty on the value of the production on the 
 basis on which it was reported;
        (B) had substantial authority for reporting royalty 
 on the value of the production on the basis on which it 
 was reported;
            (C) previously had notified the Secretary, in such 
 manner as the Secretary may by regulation issue, of 
 relevant reasons or facts affecting the royalty 
 treatment of specific production which led to the 
 underreporting; or
            (D) meets any other exception which the Secretary 
 may, by regulation, establish.

    (5) Abandoned hardrock mine reclamation program.--All 
 penalties collected under this subsection shall be shall be 
 made available to carry out, to remain available until expended 
 without fiscal year limitation, the Abandoned Hardrock Mine 
 Reclamation Program.

    (6) Underreporting defined.--In 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.
            (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 that are lost or wasted from a mining claim or lease if such 
loss or waste is due to negligence on the part of any person or due to 
the failure to comply with this section.

    (j) Failure To Comply With Royalty Requirements.--Any person who 
fails to comply with the requirements of this section shall be liable 
for a civil penalty under 

section 109 of the Federal Oil and Gas 
Royalty Management Act of 1982 (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.

    (k) Gross Income From Mining Defined.--In this section, for any 
hardrock mineral, the term ``gross income from mining'' has the meaning 
given the term ``gross income'' in 

section 613
            (c) of the Internal 
Revenue Code of 1986.
            (l) Effective Date.--Royalties under this Act shall take effect 
with respect to the production of hardrock minerals after the effective 
date of this Act, but any royalty payments attributable to production 
during the first 12 calendar months after the effective date of this 
Act shall be payable at the expiration of such 12-month period.

SEC. 108. EXISTING PRODUCTION.

    (a) In General.--The claim holder of a mining claim located or 
converted under this Act for which mineral activities have commenced 
under an approved plan of operations as of the effective date of this 
Act shall have the exclusive right of possession and use of the land 
subject to such mining claim for mineral activities, including the 
right of ingress and egress to such land for mineral activities, 
subject to the rights of the United States under this Act and other 
applicable Federal law.

    (b) Termination.--The rights of the claim holder under subsection

    (a) shall terminate upon completion of mineral activities on such land 
to the satisfaction of the Secretary.

SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE.

    (a) Fee.--

    (1) In general.--
        (A) Required fees.--
            (i) In general.--Except as provided in 
 

section 2511

    (e)

    (2) of the Energy Policy Act of 
 1992 (30 U.S.C. 242

    (e)

    (2) ) and as otherwise 
 provided in this Act, for each unpatented 
 mining claim, millsite, or tunnel site on 
 Federal land, whether located before or on the 
 effective date of this Act, each such claimant 
 shall pay to the Secretary, on or before 
 September 1 of each year, a claim maintenance 
 fee of $200 per claim to hold such unpatented 
 mining claim, millsite, or tunnel site for the 
 assessment year beginning at noon the following 
 day.
            (ii) Fee in place of assessment work.--A 
 claim maintenance fee paid under clause
            (i) shall be in lieu of the assessment work 
 requirement in the Mining Law of 1872 (30 
 U.S.C. 28 et seq.) and the related filing 
 requirements in sections 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 a fee under 
 this subsection made under 

section 502 shall begin to 
 apply in the first assessment year which begins after 
 the adjustment is made.
            (C) Exception for small miners.--Subparagraph
        (A) and the assessment work requirement in the Mining Law 
 of 1872 (30 U.S.C. 28 et seq.) shall not apply with 
 respect to a small miner's lease.

    (2) Reclamation program.--Moneys received under this 
 subsection that are not otherwise allocated for the 
 administration of this Act by the Secretary shall be made 
 available to carry out, to remain available until expended 
 without fiscal year limitation, the Abandoned Hardrock Mine 
 Reclamation Program.

    (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 under subsection

    (a) , where applicable, 
shall replace applicable assessment requirements and expenditures under 
that Act.
            (c) Failure To Pay.--Failure to pay the claim maintenance fee under 
subsection

    (a) in a timely manner shall conclusively constitute a 
forfeiture of the unpatented mining claim, millsite, or tunnel site by 
the claimant and the claim, millsite, or tunnel site 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 that Act (43 U.S.C. 
 1744
            (c) ) related to filings required by 

section 314

    (b) of that 
 Act (43 U.S.C. 1744

    (b) ), which remain in effect.

    (2) Mining law of 1872.--

Section 2324 of the Mining Law of 
 1872 (30 U.S.C. 28) is amended by inserting ``or 

section 103

    (a) of the Mining Waste, Fraud, and Abuse Prevention Act of 2025'' 
 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 authority of the 
claimant 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 agency may authorize any mineral activity that would 
impair the land or resources of a unit of the National Park System or a 
national monument, including--

    (1) any diminution of the affected land, including 
 wildlife, scenic assets, water resources, air quality, and 
 acoustic qualities; or

    (2) other changes that would impair a the experience of a 
 citizen at the National Park System unit or a national 
 monument.

    (b) Protection of National Conservation System Units.--In order to 
protect the resources and values of National Conservation System units, 
the Secretary, as appropriate, shall use authority under this Act and 
other applicable law to the fullest extent necessary to prevent mineral 
activities that could have an adverse impact on the resources or values 
for which such units were established.
            (c) Lands Not Open to Mining.--Notwithstanding any other provision 
of law and subject to valid existing rights, no agency shall authorize 
mineral activities within any of the following areas:

    (1) Sacred sites.

    (2) Wilderness study areas.

    (3) Habitat designated as critical habitat under 

section 4 
 of the Endangered Species Act of 1973 (16 U.S.C. 1533).

    (4) Areas of critical environmental concern (as such term 
 is defined in 

section 103 of the Federal Land Policy and 
 Management Act of 1976 (43 U.S.C. 1702)).

    (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.--In accordance with subsection

    (b) , the Secretary 
concerned shall make each determination of whether land is suitable for 
mineral activities that is required by this Act.

    (b) Suitability.--

    (1) In general.--The Secretary concerned shall consider 
 land suitable for mineral activities if the Secretary concerned 
 finds that such mineral activities would not result in 
 unnecessary or undue degradation to a special characteristic 
 described in paragraph

    (2) of such land 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 land, including 
 any aquifer or aquifer recharge area.
        (B) The presence on such land, or any adjacent 
 land, of a publicly owned place that is listed on, or 
 determined by the Secretary to be eligible for listing 
 on, the National Register of Historic Places.
            (C) The designation of all or any portion of such 
 land, or any adjacent land, as a National Conservation 
 System unit.
            (D) The designation of all or any portion of such 
 land, 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 
 land, 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 regulation specify, 
 determined based upon field testing, evaluation, or 
 credible information that verifies such values.
        (G) The designation of such land, or adjacent land, 
 as a Research Natural Area.
        (H) The presence on such land, or any adjacent 
 land, of a sacred site.
            (I) The presence or designation of such land 
 adjacent to land not open to mining pursuant to 

section 111.

    (3) Public comment.--A determination under this subsection 
 of suitability for mineral activities shall be made after 
 publication of notice and an opportunity for submission of 
 public comment for a period of not less than 60 days.

    (4) Inclusion in federal land use plan.--Any determination 
 made in accordance with this subsection with respect to land 
 shall be incorporated into each Federal land use plan 
 applicable to such land, at the time such Federal land use plan 
 is adopted, revised, or significantly amended pursuant to any 
 Federal law other than this Act.
            (c) Change Request.--The Secretary concerned shall, by regulation, 
provide 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 to affect land on which mineral activities were being 
conducted on the effective date of this Act under an approved plan of 
operations or under notice.

 TITLE II--CONSULTATION PROCEDURE

SEC. 201. REQUIREMENT FOR CONSULTATION.

 Agencies shall conduct meaningful timely consultation with Indian 
Tribes following the procedures of the President's Memorandum of 
Uniform Standards for Tribal Consultation, issued on November 30, 2022, 
before undertaking any mineral activities that may have a direct, 
indirect, or cumulative impact on--

    (1) the land, including allotted, ceded, or traditional 
 land, or interests in such land of an Indian Tribe or member of 
 an Indian Tribe;

    (2) Tribal land, cultural practices, resources, or access 
 to traditional areas of cultural or religious importance;

    (3) 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;

    (4) the protected rights of an Indian Tribe, whether or not 
 such rights are enumerated in a treaty, including water, 
 hunting, gathering, and fishing rights;

    (5) the ability of an Indian Tribe to govern or provide 
 services to members of the Indian Tribe;

    (6) the relationship between the Federal Government and an 
 Indian Tribe; or

    (7) the trust responsibility of the Federal Government to 
 an Indian Tribe.

 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 (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, tunnel site, or any 
authorization issued under title I of this Act are carefully controlled 
to prevent unnecessary or undue degradation of Federal land 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 is issued to such person under this title 
authorizing such activities.

    (b) Casual Use.--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) National Environmental Policy Act.--

    (1) In general.--The Secretary and the Secretary of 
 Agriculture shall conduct the permit processes under this Act 
 in accordance with the timing and other requirements under 
 

section 102 of the National Environmental Policy Act of 1969 
 (42 U.S.C. 4332).

    (2) Coordination.--To the extent practicable, the Secretary 
 and the Secretary of Agriculture shall coordinate the permit 
 process.

SEC. 303. EXPLORATION PERMIT.

    (a) Authorized Exploration Activity.--

    (1) In general.--A person 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 issue, from the area 
 that is subject to the mining claim, license, or lease, 
 respectively, for analysis, study, and testing.

    (2) Limitation.--Such permit shall not authorize the 
 applicant to remove any mineral for sale nor to conduct any 
 activities other than those required for exploration for 
 hardrock minerals and reclamation.

    (b) Permit Application Requirements.--To apply for an exploration 
permit under this section, a person shall submit to the Secretary 
concerned an application for such permit in a manner determined 
satisfactory by the Secretary concerned, which shall include--

    (1) an exploration plan;

    (2) a reclamation plan for the proposed exploration; and

    (3) such documentation as is 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 issued by the Secretary and 
the Secretary of Agriculture by regulation, including the following 
requirements:

    (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 exploration 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, which shall be--

    (1) not greater than that necessary to accomplish the 
 proposed exploration; and

    (2) in no case for more than 10 years.

    (e) Permit Modification.--

    (1) In general.--An exploration permit holder may, during 
 the term of the exploration permit, submit to the Secretary 
 concerned an application to modify such permit.

    (2) Approval of modification.--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 regulation the extent to which 
 requirements for initial exploration permits under this section 
 shall apply to applications to modify an exploration permit 
 based on whether the Secretary concerned determines such 
 modifications are significant or minor.

    (f) Transfer, Assignment, or Sale of Rights.--

    (1) Prior written approval.--No transfer, assignment, or 
 sale of rights granted by an exploration permit issued under 
 this section may be made without the prior written approval of 
 the Secretary concerned.

    (2) Approval.--The Secretary concerned shall allow an 
 exploration permit holder to transfer, assign, or sell rights 
 under such permit to a successor, if the Secretary concerned 
 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 concerned.

    (3) Assumed liability.--The successor in interest shall 
 assume the liability and reclamation responsibilities 
 established by the existing exploration permit and shall 
 conduct the mineral activities in full compliance with this 
 Act, and the terms and conditions of the exploration permit as 
 in effect at the time of transfer, assignment, or sale.

    (4) Fee.--Each application for approval of an exploration 
 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 the 
 Secretary concerned, which shall be equal to the actual or 
 anticipated cost to the Secretary concerned of reviewing and 
 approving or disapproving such transfer, assignment, or sale, 
 as determined by the Secretary concerned.

SEC. 304. OPERATIONS PERMIT.

    (a) Operations Permit.--

    (1) In general.--A person that is in compliance with this 
 Act may apply to the Secretary concerned for an operations 
 permit authorizing the person to carry out mineral activities 
 on--
        (A) any valid mining claim, millsite, tunnel site, 
 or lease issued under this Act; and
        (B) such additional Federal land as the Secretary 
 concerned may determine is necessary to conduct the 
 proposed mineral activities, if the operator--
            (i) 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
            (ii) agrees to pay all fees required under 
 that title for such permit.

    (2) Terms and conditions.--The Secretary concerned shall 
 include in each permit issued under this section such terms and 
 conditions as the Secretary concerned determines necessary to 
 carry out this title.

    (b) Permit Application Requirements.--To apply for an operations 
permit under this section, a person shall submit to the Secretary 
concerned an application for such permit in a manner determined 
satisfactory by the Secretary concerned, which shall include 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 land, information on the 
location and nature of such operations may be required by the 
Secretary.
            (c) Permit Issuance or Denial.--

    (1) In general.--After providing for public participation 
 pursuant to subsection
            (i) , the Secretary concerned shall issue 
 an operations permit if the Secretary concerned makes each of 
 the following determinations in writing, and shall deny an 
 operations permit if the Secretary concerned 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, accurate, and sufficient to develop 
 a good understanding of the anticipated impacts of the 
 mineral activities and the effectiveness of proposed 
 mitigation and control of such mineral activities.
        (B) The applicant has demonstrated that the 
 proposed reclamation in the operations and reclamation 
 plans can be and is likely to be accomplished by the 
 applicant and will not cause unnecessary or undue 
 degradation.
            (C) The condition of the land subject to the 
 operations permit, including the fish and wildlife 
 resources and habitat contained thereon, will be fully 
 reclaimed 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 land subject to the operations permit.
        (F) The applicant will fully comply with the 
 requirements of 

section 306 before the initiation of 
 operations.
        (G) Neither the applicant nor operator (or any 
 subsidiary or affiliate the applicant or operator) is 
 ineligible to receive a permit under 

section 305.
        (H) The reclamation plan demonstrates that 10 years 
 after the end of mineral activities under the 
 operations permit, 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) Consultation with environmental protection agency.--
 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 concerned shall consult with 
 the Administrator of the Environmental Protection Agency before 
 the issuance of an operations permit, who shall ensure that the 
 reclamation plan does not require activities that would 
 increase the costs or likelihood of removal or remedial actions 
 under the that Act (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 shall--
        (A) 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 
 hardrock mining lease of the applicant;
        (B) be renewed for additional 10-year periods if--
            (i) the operation subject to the permit is 
 in compliance with the requirements of this Act 
 and other applicable law; and
            (ii) the hardrock mining lease of the 
 applicant has been renewed for that 10-year 
 period; and
            (C) expire 5 years after the commencement of a 
 temporary cessation unless, before the expiration of 
 the 5 years, the operator has filed with the Secretary 
 concerned a request for approval to resume operations.

    (2) Failure to commence mineral activities.--Failure by the 
 operator to commence mineral activities not later than 2 years 
 after the date scheduled in an operations permit shall require 
 a modification of the permit if the Secretary concerned 
 determines that modifications are necessary to comply with 
 

section 111.

    (e) Permit Modification.--

    (1) Application.--An operator may, during the term of the 
 operations permit, submit to the Secretary concerned an 
 application to modify such permit or the operations plan or 
 reclamation plan associated with such permit.

    (2) Modification by secretary concerned.--
        (A) In general.--At any time, the Secretary 
 concerned may require reasonable modification to any 
 operations plan or reclamation plan upon a 
 determination that the requirements of this Act cannot 
 be met if the plan is followed as approved, which shall 
 be based on a written finding and subject to public 
 notice and hearing requirements established by the 
 Secretary concerned.
        (B) Waiver of public notice and hearing.--The 
 Secretary concerned may waive the public notice and 
 hearing requirements under subparagraph
        (A) in the case 
 of imminent threat to health, safety, or the 
 environment.

    (3) Unanticipated events or conditions.--A permit 
 modification is required before changes are made to the 
 approved operations plan, or if unanticipated events or 
 conditions exist on the land subject to the permit, 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 for 
 the operations permit;
            (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 property eligible for listing 
 on the National Register of Historic Places; or
        (H) the discovery of a hazard 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 of more than 180 days unless the Secretary concerned has 
 approved such temporary cessation or unless the temporary 
 cessation is permitted under the original operations permit.

    (2) Previously issued operations permits.--An operator that 
 temporarily ceases mineral activities for a period of more than 
 90 days under an operations permit issued before the effective 
 date 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 
 operations permit.

    (3) Required information.--
        (A) In general.--To apply for an approval of 
 temporary cessation of operations, an operator shall 
 submit to the Secretary concerned such information 
 required under subsection

    (b) and any other provisions 
 prescribed by the Secretary concerned to minimize 
 impacts on human health, the environment, or property 
 eligible for listing on the National Register of 
 Historic Places.
        (B) Inspection.--After receipt of a complete 
 application for temporary cessation of operations, the 
 Secretary concerned shall conduct an inspection of the 
 area for which temporary cessation of operations has 
 been requested.

    (4) Conditions for approval.--The Secretary concerned may 
 approve an application for temporary cessation of operations if 
 such Secretary determines the following:
        (A) The methods for securing surface facilities and 
 restricting access to the land subject to the 
 operations permit, or relevant portions thereof, will 
 effectively protect against hazards to the health and 
 safety of the public and fish and wildlife or damage to 
 property eligible for listing on the National Register 
 of Historic Places.
        (B) 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) The amount of financial assurance filed with 
 the permit application is sufficient to ensure 
 completion of the reclamation activities identified in 
 the approved reclamation plan in the event of 
 forfeiture.
            (D) 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 
operations permit issued under this section every 10 years during the 
term of such operations permit, and before approving the resumption of 
operations under subsection

    (f) , the Secretary concerned shall require 
the operator to take such actions as the Secretary concerned deems 
necessary to ensure that mineral activities conform to the operations 
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 an operations permit under this section may 
 be made without the prior written approval of the Secretary 
 concerned.

    (2) Conditions of approval.--The Secretary concerned may 
 allow a permit holder to transfer, assign, or sell rights under 
 the permit to a successor, if the Secretary concerned 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 the 
 Secretary concerned.

    (3) Assumed liability.--The successor described in 
 paragraph

    (2) shall assume the liability and reclamation 
 responsibilities established by the existing operations permit 
 and shall conduct the mineral activities in full compliance 
 with this Act and the terms and conditions of the operations 
 permit as in effect at the time of transfer, assignment, or 
 sale.

    (4) Fee.--Each application for approval of an operations 
 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 the 
 Secretary concerned, which shall be equal to the actual or 
 anticipated cost of reviewing and approving or disapproving 
 such transfer, assignment, or sale, as determined by the 
 Secretary concerned.
            (i) Public Participation.--The Secretary and the Secretary of 
Agriculture shall jointly issue regulations to ensure transparency and 
public participation in permit decisions required under this 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 may be 
issued, transferred, assigned, or sold to an applicant if the applicant 
or any agent of the applicant, the operator (if different from the 
applicant), any claim or lease holder (if different from the applicant) 
of the claim, license, or lease concerned, or any affiliate of the 
applicant is in violation of the following:

    (1) 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.) at any site where surface coal mining 
 operations are occurring or have occurred.

    (b) Suspension.--The Secretary concerned shall suspend a permit, in 
whole or in part, if the Secretary concerned determines that any of the 
entities described in subsection

    (a) were in violation of any 
requirement described in subsection

    (a) at the time such permit was 
issued.
            (c) Correction.--

    (1) Reinstatement.--
        (A) In general.--The Secretary concerned may issue 
 or reinstate a permit under this title if the applicant 
 submits proof that--
            (i) the violation under subsection

    (a) or

    (b) has been corrected or is in the process of 
 being corrected to the satisfaction of the 
 Secretary concerned and the regulatory 
 authority involved; or
            (ii) the violator has filed, and is 
 pursuing at the time of such submission, a 
 direct administrative or judicial appeal to 
 contest the existence of the violation.
        (B) Appeal of relationship to affiliate.--An appeal 
 of the relationship of an applicant to an affiliate 
 shall not constitute a direct administrative or 
 judicial appeal to contest the existence of the 
 violation under subparagraph
        (A)
            (ii) .

    (2) Conditional approval.--
        (A) In general.--A permit that is issued or 
 reinstated based upon proof submitted under this 
 subsection shall be conditionally issued or 
 conditionally reinstated, respectively.
        (B) Suspension; revocation.--The Secretary 
 concerned shall suspend or revoke a permit that is 
 conditionally issued or conditionally reinstated if the 
 relevant violation is not successfully abated or is 
 upheld on appeal.
            (d) Pattern of Willful Violation.--No permit may be issued under 
this Act to any applicant if there is a demonstrated pattern of willful 
violations of the environmental protection requirements of this Act by 
the applicant, an 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 
 relevant permit, the operator shall file with the Secretary 
 concerned evidence of financial assurance payable to the United 
 States, which shall be provided in the form of a surety bond, 
 letters of credit, certificates of deposit, or cash.

    (2) Covered activities.--The financial assurance required 
 under paragraph

    (1) shall cover all land 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 land and 
 water added to the permit area pursuant to any permit 
 modification made under 

section 303

    (e) or 304

    (e) or affected by 
 mineral activities within the permit area.

    (b) Amount.--

    (1) In general.--The amount of the financial assurance 
 required under this section shall be sufficient to ensure the 
 completion of reclamation satisfying the requirements of this 
 Act if the work were to be performed by the Secretary 
 concerned, or by a third-party contractor hired 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.

    (2) Calculation.--The calculation of the amount under 
 paragraph

    (1) shall take into account the maximum estimated 
 cost of reclamation, as determined by the best available 
 science, 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 sufficient to cover the responsibility of the 
operator for reclamation, long-term maintenance, and effluent treatment 
as specified in subsection

    (g) .
            (d) Adjustments.--

    (1) In general.--The Secretary concerned may adjust the 
 amount of the financial assurance required under this section 
 and the terms of the acceptance of the financial assurance as 
 needed as the land subject to the relevant permit is increased 
 or decreased, 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.

    (2) Review.--The Secretary concerned shall review the 
 financial assurance every 3 years and as part of the permit 
 application review under 

section 304

    (g) .

    (e) Release.--The Secretary concerned may, upon request, after 
consultation with the Administrator of the Environmental Protection 
Agency, notice and opportunity for public comment, and inspection by 
the Secretary concerned, release, in whole or in part, the financial 
assurance required under this section if the Secretary concerned makes 
both of the following determinations:

    (1) Reclamation or restoration covered by the financial 
 assurance has been accomplished as required by this Act.

    (2) 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 reclamation 
 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 
 financial assurance must be retained to address other required 
 reclamation needs and to ensure the long-term success of the 
 revegetation.

    (2) After the operator has successfully completed 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 relevant permit issued 
under this title.

    (g) Effluent.--

    (1) In general.--Notwithstanding 

section 307

    (b)

    (2)
            (D) , 
 where any discharge or other water-related condition resulting 
 from mineral activities requires treatment in order to meet 
 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.

    (2) Release of financial assurance.--The portion of the 
 financial assurance attributable to such estimated cost of 
 treatment shall not be released until such discharge has ceased 
 for a period of 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 a financial assurance, that an environmental 
hazard resulting from the mineral activities exists, or the terms and 
conditions of the exploration permit or operations permit of this Act 
were not fulfilled at the time of such release, the Secretary concerned 
shall issue an order under 

section 507 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 operations plan are met.

SEC. 307. OPERATION AND RECLAMATION.

    (a) General Rule.--

    (1) In general.--An operator shall reclaim land subject to 
 mineral activities carried out under a permit issued under this 
 title to a condition capable of supporting--
        (A) the uses which such land was capable of 
 supporting before surface disturbance by the operator; 
 or
        (B) other beneficial uses which conform to 
 applicable land use plans as determined by the 
 Secretary concerned.

    (2) Contemporaneous reclamation.--Reclamation shall proceed 
 as contemporaneously as practicable with the conduct of mineral 
 activities, and 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.--

    (1) In general.--The Secretary and the Secretary of 
 Agriculture shall jointly issue regulations that establish 
 operations and reclamation standards for mineral activities 
 permitted under this Act and may determine whether outcome-
 based performance standards or technology-based design 
 standards are most appropriate.

    (2) Inclusions.--The regulations required under paragraph

    (1) shall address the following:
        (A) Segregation, protection, and replacement of 
 topsoil or other suitable growth medium, and the 
 prevention, where possible, of soil contamination.
        (B) Maintenance of the stability of all surface 
 areas.
            (C) Control of sediments to prevent erosion and 
 manage drainage.
            (D) Minimization of the formation and migration of 
 acidic, alkaline, metal-bearing, or other deleterious 
 leachate.
        (E) Reduction of the visual impact of mineral 
 activities to the surrounding topography, including as 
 necessary pit backfill.
        (F) 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.
        (G) 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.
        (H) Removal of structures and roads and sealing of 
 drill holes.
            (I) Restoration of, or mitigation for, fish and 
 wildlife habitat disturbed by mineral activities.
        (J) Preservation of cultural, paleontological, and 
 cave resources.
        (K) Prevention and suppression of fire within the 
 area affected by mineral activities.
            (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 mineral activities approved under this 
title 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 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 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 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 may be 
 construed to affect any toxic substance, solid waste, or air or 
 water quality standard or requirement of any State, local, or 
 Tribal law that may be applicable to mineral activities on land 
 subject to this Act.

    (2) Water resources.--Nothing in this Act may be construed 
 to affect the right of any person to enforce or protect, under 
 applicable law, the interest of such person in water resources 
 affected by mineral activities on land subject to this Act.
            (c) Cooperative Agreements.--

    (1) In general.--A State may enter into a cooperative 
 agreement with the Secretary concerned for the purpose of the 
 Secretary concerned applying such standards and requirements 
 referred to in subsections

    (a) and

    (b) to mineral activities or 
 reclamation on land subject to this Act.

    (2) Common regulatory framework.--
        (A) In general.--If a proposed mineral activity 
 would affect land not subject to this Act in addition 
 to land 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 establishes 
 a common regulatory framework consistent with the 
 requirements of this Act for the purposes of such plan 
 of operations.
        (B) Authority of federal government.--Any common 
 regulatory framework established under subparagraph
        (A) may 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 may 
 not enter into a cooperative agreement with a State under this 
 section until after notice in the Federal Register and 
 opportunity for public comment and hearing.
            (d) Prior Agreements.--Any cooperative agreement between the 
Secretary concerned and a State, or political subdivision thereof, 
relating to the management of mineral activities on land subject to 
this Act that was in existence on the effective date of this Act may 
only continue in force until 1 year after the effective date of this 
Act, during which such period the Secretary concerned and the State 
shall review the terms of such agreement or other understanding and 
make changes that are necessary to be consistent with this Act.

 TITLE IV--ABANDONED HARDROCK MINE RECLAMATION PROGRAM

SEC. 401. FUNDS CREDITED TO THE ABANDONED HARDROCK MINE RECLAMATION 
 PROGRAM.

    (a) In General.--The following amounts shall be made available to 
carry out, to remain available until expended without fiscal year 
limitation, the Abandoned Hardrock Mine Reclamation Program:

    (1) All moneys collected pursuant to sections 502 and 506.

    (2) All fees received under 

section 304

    (a)

    (1)
        (B) .

    (3) All gifts contributed under subsection

    (b)

    (1) .

    (4) All amounts deposited in the Abandoned Hardrock Mine 
 Reclamation Program under title I.

    (5) All amounts displaced material reclamation fees paid 
 under 

section 402.

    (b) Donations.--

    (1) Acceptance.--The Secretary may accept a gift of money, 
 to remain available until expended without fiscal year 
 limitation, to carry out the Abandoned Hardrock Mine 
 Reclamation Program.

    (2) Rejection.--The Secretary may reject a gift under 
 paragraph

    (1) if such rejection is in the interest of the 
 Federal Government.

SEC. 402. DISPLACED MATERIAL RECLAMATION FEE.

    (a) Imposition of Fee.--Except as provided in subsection

    (g) , each 
operator conducting mineral activities shall pay to the Secretary a 
displaced material reclamation fee of 7 cents per ton of displaced 
material.

    (b) Payment Deadline.--An operator shall pay the reclamation fee 
required by subsection

    (a) with respect to each calendar year beginning 
with the first calendar year that begins after the effective date of 
this Act not later than March 1 of the succeeding year.
            (c) Submission of Statement.--Each operator conducting mineral 
activities shall submit to the Secretary a statement of the amount of 
displaced material produced during mineral activities carried out 
during the preceding calendar year, the accuracy of which shall be 
sworn to by the operator and notarized.
            (d) Criminal Penalty.--Any corporate officer, agent, or director of 
an operator conducting 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 mineral activities shall, upon conviction, be 
punished by a fine of not more than $10,000 for deposit in the 
Abandoned Hardrock Mine Reclamation Program.

    (e) Civil Action to Recover Fee.--Any portion of the reclamation 
fee required under subsection

    (a) that is not properly or promptly paid 
pursuant to this section shall be recoverable, with statutory interest, 
from the 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 or regulation 
of any State.

    (g) Exemption.--The fee under this section shall not apply for a 
small miner's lease.

 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 do not cause unnecessary or 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 paragraphs

    (1) and

    (2) 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 Federal land-use decisionmaking''.

SEC. 502. USER FEES AND INFLATION ADJUSTMENT.

    (a) User Fees.--The Secretary and the Secretary of Agriculture may 
each establish and collect from persons subject to the requirements of 
this Act such user fees as may be necessary to reimburse the United 
States for expenses incurred in the administration of such 
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 of User Fees.--

    (1) Inflation.--The Secretary shall adjust the user fees 
 established 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 effective date of 
 this Act, or more frequently if the Secretary determines an 
 adjustment to be reasonable.

    (2) Notice.--The Secretary shall provide claim holders, 
 license holders, and lease holders notice of any adjustment 
 made under this subsection not later than July 1 of the 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 conduct 
 inspections of mineral activities so as to ensure compliance 
 with the requirements of this Act.

    (2) Frequency.--
        (A) In general.--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 1 complete inspection per calendar quarter 
 or, in the case of a permit for which the Secretary 
 concerned approves an application under 

section 304

    (f) , 
 2 per calendar quarter.
        (B) Frequency after revegetation.--After 
 revegetation has been completed in accordance with a 
 reclamation plan, the Secretary concerned shall conduct 
 2 complete inspections annually.
            (C) Seasonal mineral activities.--The Secretary 
 concerned may modify the inspection frequency for 
 mineral activities that are conducted on a seasonal 
 basis.
            (D) Termination.--Inspections shall continue under 
 this subsection until final release of financial 
 assurance.

    (3) By request.--
        (A) In general.--Any person that has reason to 
 believe such person is or may be adversely affected by 
 mineral activities due to any violation of the 
 requirements of a permit approved under this Act may 
 request an inspection under this section of such 
 mineral activities.
        (B) Review period.--Not later than 30 business days 
 after the date the Secretary concerned receives a 
 request under subparagraph
        (A) , the Secretary concerned 
 shall determine whether the request states a reason to 
 believe that a violation exists.
            (C) Imminent threat.--If, in a request submitted 
 under subparagraph
        (A) , a person alleges and provides 
 reason to believe that an imminent threat to the 
 environment or danger to the health or safety of the 
 public exists, subparagraph
        (B) shall not apply and the 
 inspection shall be conducted immediately.
            (D) Notification.--The Secretary concerned shall 
 notify the person that submitted a request under 
 subparagraph
        (A) when an inspection is conducted 
 pursuant to such request, and such person may accompany 
 the Secretary concerned during the inspection.
        (E) Liability.--The Secretary concerned shall not 
 incur any liability for granting a request to allow any 
 person to accompany such Secretary concerned under 
 subparagraph
            (D) .
        (F) Anonymity.--If a person that submits a request 
 under subparagraph
        (A) or
            (C) requests that the 
 identity of such person remain confidential, the 
 Secretary concerned shall keep such information 
 confidential unless such person accompanies the 
 Secretary concerned during the inspection under 
 subparagraph
            (D) .
        (G) Procedures.--The Secretary and the Secretary of 
 Agriculture shall jointly issue regulations to 
 establish procedures for the review of--
            (i) any decision by an authorized 
 representative of such Secretaries not to carry 
 out an inspection under this paragraph; or
            (ii) any refusal by such authorized 
 representative to ensure that remedial actions 
 are taken with respect to any alleged 
 violation.
        (H) Written statement.--The Secretary concerned 
 shall give a person that submits a request under 
 subparagraph
        (A) a written statement of the reasons for 
 the final disposition of the request.

    (b) Monitoring.--

    (1) Monitoring system.--
        (A) In general.--The Secretary concerned shall 
 require all operators to develop and maintain a 
 monitoring and evaluation system that shall identify 
 compliance with all requirements of a permit issued 
 under this Act.
        (B) Additional monitoring.--The Secretary concerned 
 may require an operator to conduct additional 
 monitoring as necessary to ensure compliance with the 
 reclamation and other environmental standards of this 
 Act. Such monitoring and evaluation system described in 
 subparagraph
        (A) and any additional monitoring required 
 by this subparagraph is subject to the approval of the 
 Secretary.

    (2) Reporting requirements.--
        (A) In general.--An operator shall file reports 
 with the Secretary concerned, on a frequency and 
 containing such information as determined by the 
 Secretary concerned, regarding the results of the 
 monitoring and evaluation system, except that if the 
 monitoring and evaluation system shows a violation of 
 the requirements of a permit issued under this Act, the 
 operator shall immediately report such violation to the 
 Secretary concerned.
        (B) Enforcement.--The Secretary concerned shall 
 evaluate the reports submitted pursuant to this 
 paragraph, and, based on such reports and any necessary 
 inspection, shall take enforcement action pursuant to 
 

section 506.
            (C) Maintenance of reports; availability to 
 public.--The Secretary concerned and each operator 
 shall both maintain each report submitted by such 
 operator under this paragraph and make each such report 
 available to the public.

    (3) Failure to report.--If an operator fails to file a 
 report as required under this section such failure shall 
 constitute a violation of this Act and subject the operator to 
 enforcement action pursuant to 

section 506.

SEC. 504. CITIZENS SUITS.

    (a) In General.--Except as provided in subsection
            (c) , any person 
may commence a civil action to compel compliance--

    (1) against any person that is alleged to be in violation 
 of this Act or any term or condition of any lease, license, or 
 permit issued under this Act; or

    (2) against the Secretary concerned if the Secretary 
 concerned failed to perform any act or duty under this Act, or 
 to issue any regulation under this Act, required by this Act.

    (b) District Court Jurisdiction.--

    (1) In general.--The United States district courts shall 
 have jurisdiction over an action 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.

    (2) Agency action unreasonably delayed.--The United States 
 district courts 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 property eligible for listing on the 
 National Register of Historic Places.

    (2) Ongoing litigation.--No action may be brought against 
 any person other than the Secretary concerned under subsection

    (a)

    (1) if the Secretary concerned 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 the Secretary concerned to review any regulation 
 issued, or any permit issued or denied, by the Secretary 
 concerned if such regulation or permit issuance or denial is 
 judicially reviewable under 

section 505 or under any other 
 provision of law at any time after such 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.--

    (1) In general.--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.

    (2) Jurisdiction.--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 Concerned.--

    (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 such notice or order not later than 30 days after 
 receipt thereof, or as the case may be, not later than 30 days 
 after such notice or order is modified, vacated, or terminated.

    (2) Review of penalty.--Any person that is subject to a 
 penalty assessed under 

section 507 may apply to the Secretary 
 concerned for review of the assessment not later than 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 not later than 30 days after such decision is 
 issued.

    (4) Stays pending review.--Pending a review by the 
 Secretary concerned 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 public hearing at the request of any party 
 to a review under 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 507.

    (6) Written decision.--
        (A) In general.--For any review 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.
        (B) Deadline.--Where an application for review 
 under this subsection concerns a cessation order issued 
 under 

section 506, the Secretary concerned shall, 
 unless temporary relief has been granted by the 
 Secretary concerned under paragraph

    (7) , issue the 
 written decision not later than the later of--
            (i) 30 days after the date of the receipt 
 of the application for review; and
            (ii) 30 days after the conclusion of any 
 hearing referred to in paragraph

    (5) .

    (7) Temporary relief.--
        (A) In general.--Pending completion of any review 
 under this subsection, the person that submitted an 
 application for review under paragraph

    (1) may file 
 with the Secretary concerned a written request that the 
 Secretary concerned grant temporary relief from any 
 order issued under 

section 507 including a detailed 
 statement of the basis for such relief.
        (B) Decision.--The Secretary concerned shall 
 expeditiously issue an order or decision granting or 
 denying an application for temporary relief submitted 
 under subparagraph
        (A) .
            (C) Limitation.--The Secretary concerned may grant 
 temporary relief under subparagraph
        (B) under such 
 conditions as they may prescribe only if the Secretary 
 concerned determines that such relief will not 
 adversely affect the health or safety of the public or 
 cause imminent environmental harm to 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 Secretary or the Secretary of Agriculture 
 in issuing 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.

    (2) Petition for review.--A petition for review of any 
 action subject to judicial review under this subsection shall 
 be filed not later than 60 days after 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 that commented or otherwise participated in the 
 rulemaking or any person that may be adversely affected by the 
 action of the Secretary or the Secretary of Agriculture.

    (3) 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, not later than 60 days 
 after 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.

    (4) Savings clause.--The availability of judicial review 
 established in this subsection shall not be construed to limit 
 the operations of rights under 

section 504.

    (5) Record.--The court shall hear any petition or complaint 
 filed under this subsection solely on the record made before 
 the Secretary concerned. The court may affirm or vacate any 
 order or decision or may remand the proceedings to the 
 Secretary concerned for such further action as it may direct.

    (6) Commencement 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 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 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 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 Concerned.--An operator engaging in any 
mineral activities on Federal land or on Indian land shall submit to 
the Secretary concerned an annual report, in a time and manner 
prescribed by the Secretary concerned, 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 
hardrock minerals produced from a mine partially located on either 
Federal land or Indian land, disaggregated by hardrock mineral and by 
percentage extracted from Federal land and percentage extracted from 
Indian land.

    (b) Failure To Report.--Any person that 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 concerned.
            (c) Report to Congress.--The Secretary shall annually submit to 
Congress a report providing the following information for each hardrock 
mine located on Federal land or on Indian land:

    (1) The data submitted for such mine under subsection

    (a) .

    (2) The name of the operator of such mine.

    (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.--Not later than 1 year after the effective date of 
this Act, the Secretary shall issue such regulations as are necessary 
to carry out this section.

SEC. 507. ENFORCEMENT.

    (a) Orders.--

    (1) Notice of violation.--
        (A) In general.--If the Secretary concerned 
 determines that any person is in violation of any 
 environmental protection requirement or any regulation 
 issued by the Secretary concerned to implement this 
 Act, such the Secretary concerned shall issue to such 
 person a notice of violation describing the violation 
 and the corrective measures to be taken.
        (B) Time to abate.--A person issued a notice of 
 violation under subparagraph
        (A) shall abate such 
 violation within a time period determined by the 
 Secretary concerned which shall not exceed 30 days.
            (C) Extension of time to abate.--The Secretary 
 concerned may, upon a showing of good cause by the 
 person issued a notice of violation under subparagraph
        (A) , extend the period of time under subparagraph
        (B) .
            (D) Continued violation.--If, upon the expiration 
 of the time period under subparagraph
        (B) , including 
 any extension under subparagraph
            (C) , the Secretary 
 concerned finds that the person issued a notice of 
 violation under subparagraph
        (A) has not abated such 
 violation, the Secretary concerned 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 determines that any condition or practice exists, or 
 that any person is in violation of any requirement under a 
 permit issued under this Act, and such condition, practice, or 
 violation is causing, or can reasonably be expected to cause 
 either of the following, the Secretary concerned shall 
 immediately order a cessation of all 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 issued pursuant 
 to paragraph

    (1) or

    (2) shall remain in effect until 
 the Secretary concerned determines that the condition, 
 practice, or violation has been abated or until such 
 order is modified, vacated, or terminated by the 
 Secretary concerned. In any such order, the Secretary 
 concerned shall determine the steps necessary to abate 
 the violation in the most expeditious manner possible 
 and shall include the necessary measures in such order.
        (B) Financial assurances.--The Secretary concerned 
 shall require appropriate financial assurances to 
 ensure that the abatement obligations are met when 
 issuing a cessation order under this section.
            (C) Authority of the secretary concerned.--Any 
 notice or order issued pursuant to paragraph

    (1) or

    (2) may be modified, vacated, or terminated by the 
 Secretary concerned. Any person to whom any such notice 
 or order is issued shall be entitled to a hearing on 
 the record.

    (4) Alternative enforcement action.--
        (A) In general.--If, 30 days after the notice of 
 violation referred to in paragraph

    (1)
        (A) is issued, 
 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 such required 
 abatement in the most expeditious manner possible, 
 which may include seeking appropriate injunctive relief 
 to bring about abatement.
        (B) Earlier alternative enforcement action.--
 Nothing in this paragraph shall preclude the Secretary 
 concerned from taking alternative enforcement action 
 before the expiration of the 30-day period described in 
 subparagraph
        (A) .

    (5) Failure or default.--
        (A) In general.--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 a permit issued under this Act, the Secretary 
 concerned shall forfeit the financial assurance 
 required under 

section 306 as necessary to ensure 
 abatement and reclamation under this Act.
        (B) Reclamation by surety.--The Secretary concerned 
 may prescribe conditions under which a surety may 
 perform reclamation in accordance with 

section 307 in 
 lieu of forfeiture under subparagraph
        (A) .

    (6) Pending review.--The Secretary concerned shall not 
 cause forfeiture of 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 determined appropriate 
 by the Secretary by regulation, shall be jointly and severally 
 liable for any remaining reclamation obligations under this 
 Act.

    (b) Compliance.--The Secretary concerned may request that the 
Attorney General institute a civil action for relief, including a 
permanent or temporary injunction or restraining order and any other 
appropriate enforcement order, including the imposition of civil 
penalties, in the United States district court 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 such 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 
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.--
        (A) In general.--A person who fails to comply with 
 any requirement of a permit issued under this Act or 
 any regulation issued to implement this Act shall be 
 liable for a penalty of not more than $25,000 per 
 violation.
        (B) Separate violations.--Each day of violation may 
 be deemed a separate violation for purposes of a 
 penalty assessment under this paragraph.

    (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 correction of such violation 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 issued under this Act or any regulation issued 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 a person described 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) --
        (A) fails to abate a violation to the satisfaction 
 of the Secretary concerned; or
        (B) the validity of the violation is upheld on the 
 appeal which formed the basis for the conditional 
 approval.

    (f) False Statements; Tampering.--

    (1) In general.--A person who knowingly carries out any of 
 the following actions shall, upon an initial conviction, be 
 fined not more than $10,000, imprisoned for not more than 2 
 years, or both, and, upon a subsequent conviction, be fined not 
 more than $20,000, imprisoned for not more than 4 years, or 
 both:
        (A) Make a false material statement, 
 representation, or certification in, or omit or conceal 
 material information from, or unlawfully alter, any 
 mining claim, notice of location, application, record, 
 report, plan, or other documents filed or required to 
 be maintained under this Act.
        (B) Falsify, tamper with, render inaccurate, or 
 fail to install any monitoring device or method 
 required to be maintained under this Act.

    (2) Separate violations.--Each day of continuing violation 
 may be deemed a separate violation for purposes of penalty 
 assessment under paragraph

    (1) .

    (g) Mineral Activities Without a Permit.--

    (1) In general.--A person that knowingly carries out any of 
 the following actions shall, upon an initial conviction, be 
 fined not less than $5,000 and not more than $50,000, 
 imprisoned for not more than 3 years, or both, and, upon a 
 subsequent conviction, be fined not less than $10,000, 
 imprisoned for not more than 6 years, or both:
        (A) Engage in mineral activities without a permit 
 required under title II.
        (B) Violate any other requirement of a permit 
 issued under this Act, or any condition or limitation 
 thereof.

    (2) Separate violations.--Each day of continuing violation 
 shall be deemed a separate violation for purposes of penalty 
 assessment under paragraph

    (1) .

    (h) Knowing and Willful Violations.--A person that knowingly and 
willfully commits an act for which a civil penalty is provided in 
subsection

    (g)

    (1)
        (A) 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) Person Defined.--In this section, the term ``person'' includes 
any officer, agent, or employee of a person.

SEC. 508. REGULATIONS.

    (a) In General.--The Secretary and the Secretary of Agriculture 
shall issue such regulations as are necessary to implement this Act.

    (b) Regulations Affecting Forest Service.--Not later than 1 year 
after the effective date of this Act, the Secretary and the Secretary 
of Agriculture shall jointly issue regulations implementing titles II 
and III and this title that affect the Forest Service.

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 Mining Waste, Fraud, 
 and Abuse Prevention Act of 2025''.

SEC. 510. SAVINGS CLAUSE.

    (a) Special Application of Mining Laws.--Nothing in this Act shall 
be construed to--

    (1) repeal or modify any Federal law, regulation, order, or 
 land use plan in effect before the effective date 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 before the effective date 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;

    (2) apply to or limit mineral investigations, studies, or 
 other mineral activities conducted by any Federal or State 
 agency acting in the governmental capacity of such agency 
 pursuant to other authority; or

    (3) 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) Claims Converted to Leases.--Any Federal law described in 
subsection

    (a) shall remain in force and effect with respect to claims 
converted to leases under this Act.
            (c) 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 to supersede, modify, 
 amend, or repeal 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 to alter, affect, amend, modify, or change, directly 
 or indirectly, any law which refers to and provides authorities 
 or responsibilities for, or is administered by, 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 of 1969 
 (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. 
 1531 et seq.);
            (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 to modify or affect any provision of--
        (A) the Native American Graves Protection and 
 Repatriation Act (25 U.S.C. 3001 et seq.);
        (B) the 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.).
            (d) Sovereign Immunity of Indian Tribes.--Nothing in this Act 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 and on the internet so that such information 
is conveniently available to residents in the area proposed or approved 
for mineral activities.

SEC. 512. MISCELLANEOUS POWERS.

    (a) In General.--The Secretary concerned, in carrying out the 
duties of the Secretary concerned under this Act, may conduct any 
investigation, inspection, or other inquiry and may conduct, after 
notice, any hearing or audit, that is necessary and appropriate to 
carry out such duties.

    (b) Ancillary Powers.--In connection with any hearing, inquiry, 
investigation, or audit under this Act, the Secretary concerned may 
carry out 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 the Secretary concerned may 
 request.

    (4) Order testimony to be taken by deposition before any 
 person that is designated by the Secretary concerned and that 
 has the power to administer oaths, and 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.--

    (1) In general.--In cases of refusal to obey a subpoena 
 served upon any person under this section, the United States 
 district courts 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.

    (2) Failure to obey.--Any failure to obey an order issued 
 under paragraph

    (1) may be punished by the court that issued 
 such order as contempt thereof and the person subject to such 
 order shall be subject to a penalty of not more than $10,000 
 per day.
            (d) Entry and Access.--Without advance notice and upon presentation 
of appropriate credentials, the Secretary concerned--

    (1) shall have the right of entry to, upon, and 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, and 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, stop and inspect any motorized 
 form of transportation that the Secretary concerned 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 a 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 the Secretary concerned or the appropriate 
 law enforcement officer 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 land or allocated to such claim site, license, or 
 lease 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, 
commonly known as the Surface Resources Act of 1955 (30 U.S.C. 611), is 
amended--

    (1) by striking ``No'' and inserting ``

    (a) No'';

    (2) by inserting ``mineral materials, including'' after 
 ``varieties of'';

    (3) by striking ``or cinders'' and inserting ``cinders, and 
 clay,''; and

    (4) by adding at the end the following:
 ``

    (b)

    (1) Subject to valid existing rights, after the date of the 
enactment of the Mining Waste, Fraud, and Abuse Prevention Act of 2025, 
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 before the date of the enactment of the Mining 
 Waste, Fraud, and Abuse Prevention Act of 2025; and
 ``
            (C) was supported by a discovery of a valuable mineral 
 deposit within the meaning of the general mining laws as in 
 effect immediately before the date of the enactment of the 
 Mining Waste, Fraud, and Abuse Prevention Act of 2025.''.

    (b) Mineral Materials Disposal Clarification.--

Section 4 of the Act 
of July 23, 1955, commonly known as the Surface Resources Act of 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 adding at the end the following:
 ``

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 adding at the end the following:
 ``

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

    (e) Repeals.--Subject to valid existing rights, the following are 
repealed:

    (1) The Act of August 4, 1892, commonly known as the 
 Building Stone Act (chapter 375; 27 Stat. 348; 30 U.S.C. 161).

    (2) The Act of January 31, 1901, commonly known as the 
 Saline Placer Act (chapter 186; 31 Stat. 745; 30 U.S.C. 162).

SEC. 514. EFFECTIVE DATE.

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