H.R. 2579 — what changed

In general— As used in this Act:

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.

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.).

Closure— Except as otherwise provided in this section, as of the effective date of this Act all Federal lands are closed to entry and location under the general mining laws, and no new rights under the general mining laws may be acquired.

Claims without plan of operations— Any claim under the general mining laws existing on the effective date of this Act for which a plan of operations is not approved, or a notice of operations is not filed, before such date shall be subject to the requirements of this Act, and may remain in effect until not later than the end of the 10-year period beginning on the date of enactment of this Act if the claimholder remains in compliance with section 109xreference, unless the claim holder—

relinquishes the claim; or

demonstrates eligibility for a lease and requests conversion under the regulations issued under subsection (d)xreference.

Shortening of period— The 10-year period referred to in paragraph (1)xreference shall be shortened to 3 years if—

the claim is for an area that is located in an area withdrawn or temporarily segregated from location under the general mining laws as of the effective date of this Act; or

the claim belongs to a small miner.

Conversion— Upon showing to the satisfaction of the Secretary of a valuable mineral deposit on lands subject to such a claim, the Secretary may convert the claim to a noncompetitive lease under the regulations issued under subsection (d)xreference.

Claims not converted— Any such claims not converted to leases at the end of the applicable period under paragraphxreference (1) or (2) shall be considered invalid and void.

In general— In the case of any claim under the general mining laws for which a plan of operations has been approved but for which operations have not commenced before the date of enactment of this Act—

during the 10-year period beginning on the date of enactment of this Act—

mineral activities on lands subject to such claim shall be subject to such plan of operations; and

modification of such plan may be made in accordance with the provisions of law applicable before the date of the enactment of this Act if such modifications are considered minor by the Secretary concerned; and

the operator shall bring such mineral activities into compliance with this Act by the end of such 10-year period.

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)xreference has been timely submitted and an approved plan expires before the Secretary concerned takes action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until such Secretary makes an administrative decision on the application.

Conversion requirement— Any claims referred to in paragraph (1)xreference may remain in effect for a period of up to 10 years. Any claim not converted to a lease under subsection (d)xreference before the end of that period shall be subject to a fee of $100 per acre per day until the claim is converted to a lease.

In general— The Secretary shall issue regulations not later than one year after the date of the enactment of this Act to provide for the conversion of mining claims to noncompetitive mining leases.

Content— The regulations issued under paragraph (1)xreference shall—

prohibit the conversion of a mining claim to a mining lease by a claimholder who is in violation of this Act or other State or Federal environmental, health, or worker safety law;

allow the Secretary to exercise discretion to include nonmineral lands within the boundaries of any mill site associated with the mining claim to be converted to a noncompetitive lease;

prohibit the area in any noncompetitive mining lease issued under this subsection to exceed the maximum area authorized by this Act to be leased to any person;

require the consent of the surface managing agency for conversion of a mining claim to a noncompetitive mining lease;

require the fiscal terms of the converted noncompetitive mining lease to be the same as provided in this Act for other hardrock mining leases;

require compliance with all provisions of this Act; and

include any other terms the Secretary considers appropriate.

In general— No person may conduct mineral prospecting for commercial purposes for any hardrock mineral on Federal lands without a prospecting license or a small miners lease.

In general— The Secretary may, under such rules and regulations as the Secretary may prescribe and with the concurrence of the relevant surface management agency, grant an applicant a prospecting license that shall give the exclusive right to prospect for specified hardrock minerals on Federal lands for a period of not exceeding two years.

Maximum area— The area subject to such a license shall not exceed 2,560 acres of land, in reasonably compact form.

License application fee— The Secretary shall charge a fee for each license application to cover the costs of processing the license, and the license shall be subject to annual rentals equal to $10 per acre per year.

Terms and conditions— A prospecting license must conform with the terms and conditions of a comprehensive land use plan approved under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). For areas where a comprehensive land use plan treating hardrock mining as a multiple-use activity has not been completed, the Secretary concerned shall ensure that the land to be covered by the license is suitable for mineral activities.

Extension— A prospecting license may be extended for up to an additional four years upon a showing by the licensee that the licensee explored with reasonable diligence and was unable to determine the existence and workability of a valuable deposit covered by the license, or that the failure to perform diligent prospecting activities was due to conditions beyond the licensee’s control.

In general— A lease under this section shall be for a period of 20 years, with the right to renew for successive periods of 10 years if hardrock minerals are being produced in commercial quantities under the lease.

Cumulative acreage limitation— No person may take, hold, own, or control at one time, whether acquired directly from the Secretary under this Act or otherwise, hardrock mining leases or licenses for an aggregate of more than 20,480 acres in any one State.

Protection of land and other resources— The Secretary may include in any lease or license issued under this Act such provisions as are necessary to adequately protect the lands and other resources in the vicinity of the area subject to the lease or license. For land not managed by the Department of the Interior, the Secretary shall consult with the appropriate surface management agency in formulating such provisions.

In general— The Secretary may issue small miners leases to qualified small miners that apply, under such rules and regulations as the Secretary may prescribe, including conditions to require diligent development of the lease and to ensure protection of surface resources and groundwater.

Exclusive right— A small miners lease shall give the leaseholder the exclusive right to prospect for hardrock minerals for 3 years on up to 200 acres of contiguous or non-contiguous Federal land.

Application fee— The Secretary shall charge a reasonable application fee for such a lease.

Rentals— Rentals for such a lease shall be $5 per acre per year for the first 3 years.

Renewal— Such leases may be renewed for additional 3-year periods, with no limit, with a $10 per acre per year rental charged for renewed leases.

Challenge— Any individual may file a challenge with the Secretary that a leaseholder is in violation of the diligence terms of a small miners lease or does not qualify as a small miner. A small miners lease that is under such a challenge may not be renewed unless the Secretary has determined that the leaseholder is a small miner and is in compliance with all the terms of the lease.

No royalties— No royalties shall be charged for commercial production under a small miners lease.

shall not be subject to rental during the primary term of the lease;

shall be subject to a rental of $5 per acre per year for the first 3-year renewal of the lease; and

shall be subject to a rental of $10 per acre per year for any subsequent 3-year renewal of the lease.

Limitations— A small miners lease—

may only be held by the primary leaseholder, a spouse thereof, or a direct descendent thereof;

may not be sold or transferred, other than to a spouse or direct descendent of the primary leaseholder; and

is subject to all permitting requirements under this Act.

Conversion to hardrock mineral lease— If, with regards to a lease, the leaseholder no longer qualifies as a small miner at the time such leaseholder applies for a renewal of such lease, such leaseholder shall not be eligible to renew the small miners lease, but shall be eligible for a noncompetitive hardrock mineral lease issued under section 103(c)xreference. Notwithstanding section 103(c)(1)xreference, royalties under such a lease shall only be due on the gross income that exceeds the amount of gross income specified in such definition as of the time the hardrock mineral lease is issued.

Existing production— Production of hardrock minerals on Federal land under an operations permit from which valuable hardrock minerals were produced in commercial quantities before the date of the enactment of this Act, other than production under a small miners lease, shall be subject to a royalty established by the Secretary at no less than 8 percent of the gross value of such production, or of mineral concentrates or products derived from hardrock minerals. Any Federal land added through a plan modification to an operations permit on Federal land that is submitted after the date of enactment of this Act shall be subject to a royalty established by the Secretary for such lease of no less than 12.5 percent of the gross value of production of hardrock minerals, or mineral concentrates or products derived from hardrock minerals.

Liability— The claim or leaseholder, or any operator to whom the claim or lease holder has assigned the obligation to make royalty payments under the claim or lease and any person who controls such claim or lease holder or operator, shall be liable for payment of such royalties.

Disposition— Of the revenues collected under this title, including rents, royalties, claim maintenance fees, interest charges, fines, and penalties—

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

Regulation— The Secretary shall prescribe by rule the time and manner in which—

a person who is required to make a royalty payment under this section shall make such payment; and

shall notify the Secretary of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim or lease under this title.

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.

Additional amounts— Such responsibility for the periods referred to in paragraph (2)xreference shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action.

Joint and several liability— Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the period.

Obligations— A person conducting mineral activities shall—

develop and comply with the site security provisions in the operations permit designed to protect from theft the hardrock minerals, concentrates, or products derived therefrom that are produced or stored on the area subject to a mining claim or lease, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on areas subject to mining claims and leases; and

not later than the 5th business day after production begins anywhere on an area subject to a mining claim or lease, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed.

Required documentation— The Secretary may by rule require any person engaged in transporting a hardrock mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the hardrock mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate.

In general— A claim or lease holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling hardrock minerals, concentrates, or products derived therefrom, subject to this Act, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include periodic reports, records, documents, and other data. Such reports may also include pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim or lease.

Availability for inspection— Upon the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by such officer or employee.

Forfeiture— Failure by a claim or lease holder, operator, or other person referred to in the first sentence to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim or lease.

Maintenance of records— Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance under section 306xreference unless the Secretary notifies the operator that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records.

Audits— The Secretary is authorized to conduct such audits of all claim or lease holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sale of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person.

In general— The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of hardrock minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section.

Secretary of Agriculture— Except as provided in paragraph (3)xreference, and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of hardrock minerals, concentrates, or products derived therefrom from claims or leases on lands open to location under this Act.

Trade secrets— Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws. The Secretary, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and other Federal officials shall ensure that such information is provided protection in accordance with the requirements of that section.

Payments not received— In the case of mining claims or leases where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount.

Underreporting— If there is any underreporting of royalty owed on production from a claim or lease for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 25 percent of the amount of that underreporting.

Self-reporting— The Secretary may waive or reduce the assessment provided in paragraph (2) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later.

Waiver— The Secretary shall waive any portion of an assessment under paragraph (2) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that—

such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported;

such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported;

such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting; or

such person meets any other exception which the Secretary may, by rule, establish.

Definition— For the purposes of this subsectionxreference, 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.

Hardrock Minerals Reclamation Fund— All penalties collected under this subsectionxreference shall be deposited in the Hardrock Minerals Reclamation Fund established by this Act.

Expanded royalty obligations— Each person liable for royalty payments under this sectionxreference shall be jointly and severally liable for royalty on all hardrock minerals, concentrates, or products derived therefrom lost or wasted from a mining claim or lease when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this sectionxreference.

Gross income from mining defined— For the purposes of this sectionxreference, for any hardrock mineral, the term gross income from mining has the same meaning as the term gross income in section 613(c) of the Internal Revenue Code of 1986.

Effective date— Royalties under this Act shall take effect with respect to the production of hardrock minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period.

Failure To comply with royalty requirements— Any person who fails to comply with the requirements of this sectionxreference or any regulation or order issued to implement this sectionxreference shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719) to the same extent as if the claim or lease maintained in compliance with this Act were a lease under such Act.

Required fees— Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C. 242), or as otherwise provided in this Act, for each unpatented mining claim, mill, or tunnel site on federally owned lands, whether located before or on the date of enactment of this Act, each claimant shall pay to the Secretary, on or before August 31 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, mill or tunnel site for the assessment year beginning at noon on the next day, September 1. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 et seq.) and the related filing requirements contained in section 314 (a) and (c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)).

Co-Ownership— The co-ownership provisions of the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall remain in effect except that the annual claim maintenance fee, where applicable, shall replace applicable assessment requirements and expenditures.

Failure To pay— Failure to pay the claim maintenance fee as required by subsection (a)xreference shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law.

Required filings— Nothing in this section shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), which remain in effect.

Mining Law of 1872— Section 2324 of the Revised Statutes of the United States (30 U.S.C. 28) is amended by inserting “or section 103(a) of the Hardrock Leasing and Reclamation Act of 2019” after “Act of 1993”.

Protection of national park system units and national monuments— No permit shall be issued under this Act that authorizes mineral activities that would impair the land or resources of a unit of the National Park System or a national monument. For purposes of this subsection, the term impair includes any diminution of the affected land including wildlife, scenic assets, water resources, air quality, and acoustic qualities, or other changes that would impair a citizen’s experience at the National Park System unit or a national monument.

Protection of conservation areas— In order to protect the resources and values of National Conservation System units, the Secretary, as appropriate, shall utilize authority under this Act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established.

Lands not open to mining— Notwithstanding any other provision of law and subject to valid existing rights, no hardrock mining activity shall be allowed in any of the following:

Sacred sites.

Wilderness study areas.

In general— The Secretary concerned shall make each determination of whether lands are suitable for mineral activities that is otherwise required by this Act, in accordance with subsection (b).

In general— The Secretary concerned shall consider lands suitable for mineral activities if the Secretary concerned finds that such activities would not result in undue degradation to a special characteristic described in paragraph (2)xreference that cannot be prevented by the imposition of conditions in the permit required for such activities under title III.

Special characteristics— For purposes of paragraph (1)xreference the Secretary concerned shall consider each of the following to be a special characteristic:

The existence of a significant water resource or supply in or associated with such lands, including any aquifer or aquifer recharge area.

The presence of such other resource values as the Secretary concerned may by rule specify, determined based upon field testing, evaluation, or credible information that verifies such values.

The presence or designation of such lands adjacent to lands not open to mining pursuant to section 111xreference.

A determination under this subsectionxreference 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.

Any determination made in accordance with this subsection with respect to lands shall be incorporated into each Federal land use plan applicable to such lands, at the time such plan is adopted, revised, or significantly amended pursuant to any Federal law other than this Act.

Change request— The Secretary concerned shall, by rule, provide for an opportunity for any person to request a change in determination for any Federal land found suitable under subsection (a)xreference.

Existing operations— Nothing in this section shall be construed as affecting lands on which mineral activities were being conducted on the date of enactment of this Act under an approved plan of operations or under notice.

In general— The agency may temporarily waive the requirements of this title in all or any portion of any emergency area during all or any portion of an emergency period.

Duration of waiver— A temporary waiver under this subsectionxreference shall end upon the termination of the applicable emergency period.

Definitions— For the purposes of this subsectionxreference—

the term emergency area means a geographical area in which there exists an emergency or disaster declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and

the term emergency period means the period during which there exists an emergency or disaster declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

Initial consultation contact— The agency—

Memorandum of agreement— The memorandum of agreement—

may establish standard processes for certain categories of activities determined through consultation and defined in the memorandum of agreement;

shall include a provision for monitoring and reporting on its implementation;

Official consultation record— The agency shall keep an official consultation record that allows accurate tracking of the process so that agencies and consulting parties can correct any errors or omissions, and provides an official record of the process that can be referred to in any litigation that may arise. The agency shall document all efforts to initiate consultation as well as documenting the process once it has begun. Such documentation, including correspondence, telephone logs, and emails, shall be included in the agency’s official consultation record. The agency shall also keep notes so that the consultation record documents the content of consultation meetings, site visits, and phone calls in addition to information about dates and who participated.

Report to Congress— Each agency shall on a biennial basis submit to Congress a report on its consultation activities.

Permits required— No person may engage in mineral activities on Federal land that may cause a disturbance of surface resources, including land, air, ground water and surface water, and fish and wildlife, unless a permit was issued to such person under this titlexreference authorizing such activities.

Negligible disturbance— Notwithstanding subsection (a)xreference, a permit under this title shall not be required for mineral activities that are a casual use of the Federal land.

Any applicant that is in compliance with all provisions of this Act may apply to the Secretary concerned for an operations permit authorizing the applicant to carry out mineral activities, other than casual use, on—

any valid mining claim, valid millsite claim, valid tunnel site claim, or lease issued under this Act; and

such additional Federal land as the Secretary may determine is necessary to conduct the proposed mineral activities, if the operator obtains a right-of-way permit for use of such additional lands under title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and agrees to pay all fees required under that title for the permit under that title.

If the Secretary decides to issue such permit, the permit shall include such terms and conditions as prescribed by such Secretary to carry out this title.

Permit application requirements— An application for an operations permit under this section shall be submitted in a manner satisfactory to the Secretary concerned and shall contain site characterization data, an operations plan, a reclamation plan, monitoring plans, long-term maintenance plans, to the extent necessary, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. If the proposed mineral activities will be carried out in conjunction with mineral activities on adjacent non-Federal lands, information on the location and nature of such operations may be required by the Secretary.

After providing for public participation pursuant to subsection (i)xreference, the Secretary concerned shall issue an operations permit if such Secretary makes each of the following determinations in writing, and shall deny a permit if such Secretary finds that the application and applicant do not fully meet the following requirements:

The permit application, including the site characterization data, operations plan, and reclamation plan, are complete and accurate and sufficient for developing a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control.

The applicant has demonstrated that the proposed reclamation in the operation and reclamation plan can be and is likely to be accomplished by the applicant and will not cause undue degradation.

The area subject to the proposed plan is not listed in section 111xreference or otherwise ineligible for mineral activities.

The proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

The applicant will fully comply with the requirements of section 306xreference prior to the initiation of operations.

Neither the applicant nor operator, nor any subsidiary, affiliate, or person controlled by or under common control with the applicant or operator, is ineligible to receive a permit under section 305.

The reclamation plan demonstrates that 10 years following mine closure, no treatment of surface or ground water for carcinogens or toxins will be required to meet water quality standards at the point of discharge.

With respect to any activities specified in the reclamation plan referred to in subsection (b)xreference that constitute a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), the Secretary shall consult with the Administrator of the Environmental Protection Agency prior to the issuance of an operations permit. The Administrator of the Environmental Protection Agency shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or corrective actions under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

In general— An operations permit—

shall be for an initial term not longer than the shorter of—

the period necessary to accomplish the proposed mineral activities subject to the permit; and

the length of time remaining on the applicant's hardrock mining lease;

shall be renewed for an additional 10-year period if the operation is in compliance with the requirements of this Act and other applicable law; and

shall expire 5 years following the commencement of a temporary cessation unless, prior to the expiration of the 5 years, the mine operator has filed with the Secretary a request for approval to resume operations.

Failure to commence mineral activities— Failure by the operator to commence mineral activities within 2 years of the date scheduled in an operations permit shall require a modification of the permit if the Secretary concerned determines that modifications are necessary to comply with section 111xreference.

Application— During the term of an operations permit the operator may submit an application to modify the permit (including the operations plan or reclamation plan).

Modification by the Secretary concerned— The Secretary concerned may, at any time, require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this Act cannot be met if the plan is followed as approved. Such determination shall be based on a written finding and subject to public notice and hearing requirements established by the Secretary concerned.

Unanticipated events or conditions— A permit modification is required before changes are made to the approved plan of operations, or if unanticipated events or conditions exist on the mine site, including in the case of—

development of acid or toxic drainage;

loss of springs or water supplies;

water quantity, water quality, or other resulting water impacts that are significantly different than those predicted in the application;

the need for long-term water treatment;

significant reclamation difficulties or reclamation failure;

Secretarial approval required— An operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period greater than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit.

Previously issued operations permits— Any operator temporarily ceasing mineral activities for a period greater than 90 days under an operations permit issued before the date of the enactment of this Act shall submit, before the expiration of such 90-day period, a complete application for temporary cessation of operations to the Secretary concerned for approval unless the temporary cessation is permitted under the original permit.

Conditions for approval— To approve an application for temporary cessation of operations, the Secretary concerned shall make each of the following determinations:

A determination that reclamation is in compliance with the approved reclamation plan, except in those areas specifically designated in the application for temporary cessation of operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations.

A determination that the amount of financial assurance filed with the permit application is sufficient to assure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture.

A determination that any outstanding notices of violation and cessation orders incurred in connection with the plan for which temporary cessation is being requested are either stayed pursuant to an administrative or judicial appeal proceeding or are in the process of being abated to the satisfaction of the Secretary concerned.

Permit reviews— The Secretary concerned shall review each permit issued under this section every 10 years during the term of such permit, and before approving the resumption of operations under subsection (f)xreference, such Secretary shall require the operator to take such actions as the Secretary deems necessary to assure that mineral activities conform to the permit, including adjustment of financial assurance requirements.

Written approval— No transfer, assignment, or sale of rights granted by a permit under this sectionxreference shall be made without the prior written approval of the Secretary concerned.

Conditions of approval— The Secretary concerned may allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if such Secretary finds, in writing, that the successor—

has submitted all required information and is eligible to receive a permit in accordance with section 305xreference;

has submitted evidence of financial assurance satisfactory under section 306xreference; and

meets any other requirements specified by such Secretary.

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

Fee— Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary concerned in such amount as may be established by such Secretary. Such amount shall be equal to the actual or anticipated cost of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by such Secretary.

Public participation— The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations to ensure transparency and public participation in permit decisions required under this Act, consistent with any requirements that apply to such decisions under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

Covered activities— The financial assurance shall cover all lands within the initial permit area and all affected waters that may require restoration, treatment, or other management as a result of mineral activities, and shall be extended to cover all lands and waters added pursuant to any permit modification made under section 303(e)xreference or section 304(e)xreference, or affected by mineral activities.

Amount— The amount of the financial assurance required under this section shall be sufficient to assure the completion of reclamation and restoration satisfying the requirements of this Act if the work were to be performed by the Secretary concerned in the event of forfeiture, including the construction and maintenance costs for any treatment facilities necessary to meet Federal and State environmental requirements. The calculation of such amount shall take into account the maximum level of financial exposure which shall arise during the mineral activity and administrative costs associated with a government agency reclaiming the site.

Duration— The financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the operator’s responsibility for reclamation, restoration, and long-term maintenance, and effluent treatment as specified in subsection (g)xreference.

Adjustments— The amount of the financial assurance and the terms of the acceptance of the assurance may be adjusted by the Secretary concerned from time to time as the area requiring coverage is increased or decreased, or where the costs of reclamation or treatment change, or pursuant to section 304(f)xreference, but the financial assurance shall otherwise be in compliance with this section. The Secretary concerned shall review the financial guarantee every 3 years and as part of the permit application review under section 304(g)xreference.

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

A determination that reclamation or restoration covered by the financial assurance has been accomplished as required by this Act.

A determination that the terms and conditions of any other applicable Federal requirements, and State requirements applicable pursuant to cooperative agreements under section 308, have been fulfilled.

Release schedule— The release referred to in subsection (e)xreference shall be according to the following schedule:

After the operator has completed any required backfilling, regrading, and drainage control of an area subject to mineral activities and covered by the financial assurance, and has commenced revegetation on the regraded areas subject to mineral activities in accordance with the approved plan, that portion of the total financial assurance secured for the area subject to mineral activities attributable to the completed activities may be released except that sufficient assurance must be retained to address other required reclamation and restoration needs and to assure the long-term success of the revegetation.

After the operator has completed successfully all remaining mineral activities and reclamation activities and all requirements of the operations plan and the reclamation plan, and all other requirements of this Act have been fully met, the remaining portion of the financial assurance may be released.

Effluent— Notwithstanding section 307(b)(4)xreference, where any discharge or other water-related condition resulting from the mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards, the financial assurance shall include the estimated cost of maintaining such treatment for the projected period that will be needed after the cessation of mineral activities. The portion of the financial assurance attributable to such estimated cost of treatment shall not be released until the discharge has ceased for a period of 5 years, as determined by ongoing monitoring and testing, or, if the discharge continues, until the operator has met all applicable effluent limitations and water quality standards for 5 full years without treatment.

The operator shall restore lands subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting—

the uses which such lands were capable of supporting prior to surface disturbance by the operator; or

other beneficial uses which conform to applicable land use plans as determined by the Secretary concerned.

Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. In the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this Act, reclamation activities shall begin immediately.

Operation and reclamation standards— The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations that establish operation and reclamation standards for mineral activities permitted under this Act. The Secretaries may determine whether outcome-based performance standards or technology-based design standards are most appropriate. The regulations shall address the following:

Segregation, protection, and replacement of topsoil or other suitable growth medium, and the prevention, where possible, of soil contamination.

Maintenance of the stability of all surface areas.

Control of sediments to prevent erosion and manage drainage.

Minimization of the formation and migration of acidic, alkaline, metal-bearing, or other deleterious leachate.

Reduction of the visual impact of mineral activities to the surrounding topography, including as necessary pit backfill.

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.

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.

Removal of structures and roads and sealing of drill holes.

Restoration of, or mitigation for, fish and wildlife habitat disturbed by mineral activities.

Preservation of cultural, paleontological, and cave resources.

Surface or Ground Water Withdrawals— The Secretary concerned shall work with State and local governments with authority over the allocation and use of surface and ground water in the area around the mine site as necessary to ensure that any surface or ground water withdrawals made as a result of mining activities approved under this section do not cause undue degradation.

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.

Payment deadline— Such reclamation fee shall be paid not later than 60 days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this Act.

Submission of statement— Together with such reclamation fee, all operators conducting hardrock mineral activities shall submit to the Secretary a statement of the amount of displaced material produced during mineral activities during the previous calendar year, the accuracy of which shall be sworn to by the operator and notarized.

Penalty— Any corporate officer, agent, or director of a person conducting hardrock mineral activities, and any other person acting on behalf of such a person, who knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification, required under this section with respect to such operation shall, upon conviction, be punished by a fine of not more than $10,000.

Civil Action To recover fee— Any portion of such reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from the hardrock mineral activities operator, in any court of competent jurisdiction in any action at law to compel payment of debts.

Effect— Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law (including regulations) of any State.

Exemption— The fee under this section shall not apply for small miners.

Minerals policy— Section 101 of the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended—

by inserting “and to ensure that mineral extraction and processing not cause undue degradation of the natural and cultural resources of the public lands” after “activities”; and

Mineral data— Section 5(e)(3) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by inserting before the period the following: “, except that for National Forest System lands the Secretary of Agriculture shall promptly initiate actions to improve the availability and analysis of mineral data in public land use decisionmaking”.

Inflation— The Secretary shall adjust the fees required by this section, and all claim maintenance fees, rental rates, penalty amounts, and other dollar amounts established in this Act, to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 3 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable.

Notice— The Secretary shall provide claimants, license holders, and lease holders notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made.

Applicability— A fee adjustment under this subsection shall begin to apply the calendar year following the calendar year in which it is made.

In general— Except as provided in subsection (c)xreference, any person may commence a civil action on his or her own behalf to compel compliance—

against any person (including the Secretary or the Secretary of Agriculture) who is alleged to be in violation of any of the provisions of this Act or any regulation promulgated pursuant to this Act or any term or condition of any lease, license, or permit issued under this Act; or

against the Secretary or the Secretary of Agriculture where there is alleged a failure of such Secretary to perform any act or duty under this Act, or to promulgate any regulation under this Act, which is not within the discretion of the Secretary concerned.

District court jurisdiction— The United States district courts shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties, including actions brought to apply any civil penalty under this Act. The district courts of the United States shall have jurisdiction to compel agency action unreasonably delayed, except that an action to compel agency action reviewable under section 505xreference may only be filed in a United States district court within the circuit in which such action would be reviewable under section 505xreference.

On-going litigation— No action may be brought against any person other than the Secretary or the Secretary of Agriculture under subsection (a)(1)xreference if such Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States to require compliance.

Exception— No action may be commenced under subsection (a)(2)xreference against either Secretary to review any rule promulgated by, or to any permit issued or denied by such Secretary if such rule or permit issuance or denial is judicially reviewable under section 505xreference or under any other provision of law at any time after such promulgation, issuance, or denial is final.

Venue— Venue of all actions brought under this section shall be determined in accordance with section 1391 of title 28, United States Code.

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.

Savings clause— Nothing in this section shall restrict any right which any person (or class of persons) may have under chapter 7 of title 5, United States Code, under this section, or under any other statute or common law to bring an action to seek any relief against the Secretary or the Secretary of Agriculture or against any other person, including any action for any violation of this Act or of any regulation or permit issued under this Act or for any failure to act as required by law. Nothing in this section shall affect the jurisdiction of any court under any provision of title 28, United States Code, including any action for any violation of this Act or of any regulation or permit issued under this Act or for any failure to act as required by law.

Notice of violation— Any person issued a notice of violation or cessation order under section 507xreference, or any person having an interest which is or may be adversely affected by such notice or order, may apply to the Secretary concerned for review of the notice or order within 30 days after receipt thereof, or as the case may be, within 30 days after such notice or order is modified, vacated, or terminated.

Review of penalty— Any person who is subject to a penalty assessed under section 507xreference may apply to the Secretary concerned for review of the assessment within 45 days of notification of such penalty.

Third party requests— Any person may apply to the Secretary concerned for review of a decision under this subsectionxreference within 30 days after such decision is issued.

Stays pending review— Pending a review by the Secretary or resolution of an administrative appeal, final decisions (except enforcement actions under section 507xreference) shall be stayed.

Public hearing— The Secretary concerned shall provide an opportunity for a public hearing at the request of any party to the proceeding as specified in paragraph (1xreference). The filing of an application for review under this subsection shall not operate as a stay of any order or notice issued under section 506xreference.

Written decision— For any review proceeding under this subsection, the Secretary concerned shall make findings of fact and shall issue a written decision incorporating therein an order vacating, affirming, modifying, or terminating the notice, order, or decision, or with respect to an assessment, the amount of penalty that is warranted. Where the application for review concerns a cessation order issued under section 506xreference the Secretary concerned shall issue the written decision within 30 days of the receipt of the application for review or within 30 days after the conclusion of any hearing referred to in paragraph (5)xreference, whichever is later, unless temporary relief has been granted by the Secretary concerned under paragraph (7)xreference.

Temporary relief— Pending completion of any review proceedings under this subsection, the applicant may file with the Secretary concerned a written request that the Secretary grant temporary relief from any order issued under section 506xreference together with a detailed statement giving reasons for such relief. The Secretary concerned shall expeditiously issue an order or decision granting or denying such relief. The Secretary concerned may grant such relief under such conditions as he or she may prescribe only if such relief shall not adversely affect the health or safety of the public or cause imminent environmental harm to land, air, or water resources.

Savings clause— The availability of review under this subsection shall not be construed to limit the operation of rights under section 504xreference.

Standard of review— Final agency action under this subsection, including such final action on those matters described under subsection (a)xreference, shall be subject to judicial review in accordance with paragraph (4)xreference and pursuant to section 1391 of title 28, United States Code, on or before 60 days from the date of such final action. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law.

Savings clause— The availability of judicial review established in this subsection shall not be construed to limit the operations of rights under section 504.

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

Commence of a proceeding not a stay— The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary or Secretaries concerned.

Report to Secretary— An operator engaging in any mineral activities located on Federal land or on Indian land shall submit to the Secretary an annual report, in a time and manner prescribed by the Secretary, describing the total amount (in metric tons) and value of hardrock minerals produced through such mineral activities, including the total amount and value of any minerals produced from a mine partially located on either Federal land or Indian land, disaggregated by mineral and by percentage extracted from Federal land and percentage extracted from Indian land.

Report to Congress— The Secretary shall submit an annual report to Congress providing the following information for each hardrock mine located on Federal land or on Indian land:

The data submitted for such mine under subsection (a)xreference.

The name of the mine operator.

The State in which such mine is located.

The Bureau of Land Management Field Office with jurisdiction over such mine.

Whether such mine is located on Federal land.

Whether such mine is located on Indian land.

Regulations— The Secretary shall promulgate such regulations as are necessary to carry out this section not later than 180 days after the date of the enactment of this Act.

Special Application of mining laws— Nothing in this Act shall be construed as repealing or modifying any Federal law, regulation, order, or land use plan, in effect prior to the date of enactment of this Act that prohibits or restricts the application of the general mining laws, including laws that provide for special management criteria for operations under the general mining laws as in effect prior to the date of enactment of this Act, to the extent such laws provide for protection of natural and cultural resources and the environment greater than required under this Act, and any such prior law shall remain in force and effect with respect to claims converted to leases under this Act. Nothing in this Act shall be construed as applying to or limiting mineral investigations, studies, or other mineral activities conducted by any Federal or State agency acting in its governmental capacity pursuant to other authority. Nothing in this Act shall affect or limit any assessment, investigation, evaluation, or listing pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.).

Sovereign immunity of Indian Tribes— Nothing in this section shall be construed so as to waive the sovereign immunity of any Indian Tribe.