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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 140 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 140

 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 SENATE OF THE UNITED STATES

                            January 6, 2009

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To modify the requirements applicable to locatable minerals on public 
  domain 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 ``Abandoned Mine 
Reclamation Act of 2009''.
    (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 EXPLORATION AND DEVELOPMENT

Sec. 101. Royalty.
Sec. 102. Hardrock mining claim maintenance fee.
Sec. 103. Reclamation fee.
Sec. 104. Effect of payments for use and occupancy of claims.
                 TITLE II--ABANDONED MINE CLEANUP FUND

Sec. 201. Establishment of Fund.
Sec. 202. Contents of Fund.
Sec. 203. Use and objectives of the Fund.
Sec. 204. Eligible lands and waters.
Sec. 205. Expenditures.
Sec. 206. Availability of amounts.
                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

SEC. 2. DEFINITIONS AND REFERENCES.

    (a) In General.--As used in this Act:
            (1) The term ``affiliate'' means with respect to any 
        person, any of the following:
                    (A) Any person who controls, is controlled by, or 
                is under common control with such person.
                    (B) Any partner of such person.
                    (C) Any person owning at least 10 percent of the 
                voting shares of such person.
            (2) The term ``applicant'' means any person applying for a 
        permit under this Act or a modification to or a renewal of a 
        permit under this Act.
            (3) The term ``beneficiation'' means the crushing and 
        grinding of locatable mineral ore and such processes as are 
        employed to free the mineral from other constituents, including 
        but not necessarily limited to, physical and chemical 
        separation techniques.
            (4) The term ``claim holder''means a person holding a 
        mining claim, millsite claim, or tunnel site claim located 
        under the general mining laws and maintained in compliance with 
        such laws and this Act. Such term may include an agent of a 
        claim holder.
            (5) The term ``control'' means having the ability, directly 
        or indirectly, to determine (without regard to whether 
        exercised through one or more corporate structures) the manner 
        in which an entity conducts mineral activities, through any 
        means, including without limitation, ownership interest, 
        authority to commit the entity's real or financial assets, 
        position as a director, officer, or partner of the entity, or 
        contractual arrangement.
            (6) The term ``exploration''--
                    (A) subject to subparagraphs (B) and (C), means 
                creating surface disturbance other than casual use, to 
                evaluate the type, extent, quantity, or quality of 
                minerals present;
                    (B) includes mineral activities associated with 
                sampling, drilling, and analyzing locatable mineral 
                values; and
                    (C) does not include extraction of mineral material 
                for commercial use or sale.
            (7) The term ``Federal land''means any land, and any 
        interest in land, that is owned by the United States and open 
        to location of mining claims under the general mining laws.
            (8) The term ``hardrock mineral'' has the meaning given the 
        term ``locatable mineral'' except that legal and beneficial 
        title to the mineral need not be held by the United States.
            (9) The term ``Indian lands'' means lands held in trust for 
        the benefit of an Indian tribe or individual or held by an 
        Indian tribe or individual subject to a restriction by the 
        United States against alienation.
            (10) The term ``Indian tribe'' means any Indian tribe, 
        band, nation, pueblo, or other organized group or community, 
        including any Alaska Native village 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.
            (11) The term ``locatable mineral''--
                    (A) subject to subparagraph (B), means any mineral, 
                the legal and beneficial title to which remains in the 
                United States and that is not subject to disposition 
                under any of--
                            (i) the Mineral Leasing Act (30 U.S.C. 181 
                        et seq.);
                            (ii) the Geothermal Steam Act of 1970 (30 
                        U.S.C. 1001 et seq.);
                            (iii) the Act of July 31, 1947, commonly 
                        known as the Materials Act of 1947 (30 U.S.C. 
                        601 et seq.); or
                            (iv) the Mineral Leasing for Acquired Lands 
                        Act (30 U.S.C. 351 et seq.); and
                    (B) does not include any mineral that is subject to 
                a restriction against alienation imposed by the United 
                States and is--
                            (i) held in trust by the United States for 
                        any Indian or Indian tribe, as defined in 
                        section 2 of the Indian Mineral Development Act 
                        of 1982 (25 U.S.C. 2101); or
                            (ii) owned by any Indian or Indian tribe, 
                        as defined in that section.
            (12) The term ``mineral activities''means any activity on a 
        mining claim, millsite claim, or tunnel site claim for, related 
        to, or incidental to, mineral exploration, mining, 
        beneficiation, processing, or reclamation activities for any 
        locatable mineral.
            (13) The term ``operator''means any person proposing or 
        authorized by a permit issued under this Act to conduct mineral 
        activities and any agent of such person.
            (14) 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.
            (15) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare locatable mineral ore into 
        the final marketable product, including but not limited to 
        smelting and electrolytic refining.
            (16) The term ``Secretary''means the Secretary of the 
        Interior, unless otherwise specified.
            (17) The term ``temporary cessation''means a halt in mine-
        related production activities for a continuous period of no 
        longer than 5 years.
    (b) References to Other Laws.--(1) 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) Any reference in this Act to the Act of July 23, 1955, is a 
reference to the Act entitled ``An Act to amend the Act of July 31, 
1947 (61 Stat. 681) and the mining laws to provide for multiple use of 
the surface of the same tracts of the public lands, and for other 
purposes'' (30 U.S.C. 601 et seq.).

SEC. 3. APPLICATION RULES.

    (a) In General.--This Act applies to any mining claim, millsite 
claim, or tunnel site claim located under the general mining laws, 
before, on, or after the date of enactment of this Act, except as 
provided in subsection (b).
    (b) Preexisting Claims.--(1) Any unpatented mining claim or 
millsite claim located under the general mining laws before the date of 
enactment of this Act for which a plan of operation has not been 
approved or a notice filed prior to the date of enactment shall, upon 
the effective date of this Act, be subject to the requirements of this 
Act, except as provided in paragraph (2).
    (2)(A) If a plan of operations is approved for mineral activities 
on any claim or site referred to in paragraph (1) prior to the date of 
enactment of this Act but such operations have not commenced prior to 
the date of enactment of this Act--
            (i) during the 10-year period beginning on the date of 
        enactment of this Act, mineral activities at such claim or site 
        shall be subject to such plan of operations;
            (ii) during such 10-year period, modifications of any such 
        plan may be made in accordance with the provisions of law 
        applicable prior to the enactment of this Act if such 
        modifications are deemed minor by the Secretary concerned; and
            (iii) the operator shall bring such mineral activities into 
        compliance with this Act by the end of such 10-year period.
    (B) Where an application for modification of a plan of operations 
referred to in subparagraph (A)(ii) has been timely submitted and an 
approved plan expires prior to Secretarial action on the application, 
mineral activities and reclamation may continue in accordance with the 
terms of the expired plan until the Secretary makes an administrative 
decision on the application.
    (c) Federal Lands Subject to Existing Permit.--(1) Any Federal land 
shall be subject to the requirements of section 101(a)(2) if the land 
is--
            (A) subject to an operations permit; and
            (B) producing valuable locatable minerals in commercial 
        quantities prior to the date of enactment of this Act.
    (2) 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 the terms of section 
101(a)(3).
    (d) Application of Act to Beneficiation and Processing of Non-
Federal Minerals on Federal Lands.--The provisions of this Act shall 
apply in the same manner and to the same extent to mining claims, 
millsite claims, and tunnel site claims used for beneficiation or 
processing activities for any mineral without regard to whether or not 
the legal and beneficial title to the mineral is held by the United 
States. This subsection applies only to minerals that are locatable 
minerals or minerals that would be locatable minerals if the legal and 
beneficial title to such minerals were held by the United States.

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

SEC. 101. ROYALTY.

    (a) Reservation of Royalty.--
            (1) In general.--Except as provided in paragraph (2) and 
        subject to paragraph (3), production of all locatable minerals 
        from any mining claim located under the general mining laws and 
        maintained in compliance with this Act, or mineral concentrates 
        or products derived from locatable minerals from any such 
        mining claim, as the case may be, shall be subject to a royalty 
        of 8 percent of the gross income from mining. The claim holder 
        or any operator to whom the claim holder has assigned the 
        obligation to make royalty payments under the claim and any 
        person who controls such claim holder or operator shall be 
        liable for payment of such royalties.
            (2) Royalty for federal lands subject to existing permit.--
        The royalty under paragraph (1) shall be 4 percent in the case 
        of any Federal land that--
                    (A) is subject to an operations permit on the date 
                of the enactment of this Act; and
                    (B) produces valuable locatable minerals in 
                commercial quantities on the date of enactment of this 
                Act.
            (3) Federal land added to existing operations permit.--Any 
        Federal land added through a plan modification to an operations 
        permit that is submitted after the date of enactment of this 
        Act shall be subject to the royalty that applies to Federal 
        land under paragraph (1).
            (4) Deposit.--Amounts received by the United States as 
        royalties under this subsection shall be deposited into the 
        Abandoned Mine Cleanup Fund established by section 201(a).
    (b) Duties of Claim Holders, Operators, and Transporters.--(1) A 
person--
            (A) who is required to make any royalty payment under this 
        section shall make such payments to the United States at such 
        times and in such manner as the Secretary may by rule 
        prescribe; and
            (B) shall notify the Secretary, in the time and manner as 
        may be specified by 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.
    (2) 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. Such responsibility for the periods referred to in the 
preceding sentence shall include any and all additional amounts billed 
by the Secretary and determined to be due by final agency or judicial 
action. 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 claim for the period.
    (3) 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 
        locatable minerals, concentrates or products derived therefrom 
        which are produced or stored on a mining claim, and such 
        provisions shall conform with such minimum standards as the 
        Secretary may prescribe by rule, taking into account the 
        variety of circumstances on mining claims; and
            (B) not later than the 5th business day after production 
        begins anywhere on a mining claim, 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.
    (4) The Secretary may by rule require any person engaged in 
transporting a locatable 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 locatable mineral, 
concentrate, or product derived therefrom in such circumstances as the 
Secretary determines is appropriate.
    (c) Recordkeeping and Reporting Requirements.--A claim holder, 
operator, or other person directly involved in developing, producing, 
processing, transporting, purchasing, or selling locatable 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, but not be limited to, periodic 
reports, records, documents, and other data. Such reports may also 
include, but not be limited to, pertinent technical and financial data 
relating to the quantity, quality, composition volume, weight, and 
assay of all minerals extracted from the mining claim. 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. Failure by a claim 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.
    (d) Audits.--The Secretary is authorized to conduct such audits of 
all claim holders, operators, transporters, purchasers, processors, or 
other persons directly or indirectly involved in the production or 
sales 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.
    (e) Cooperative Agreements.--(1) The Secretary is authorized to 
enter into cooperative agreements with the Secretary of Agriculture to 
share information concerning the royalty management of locatable 
minerals, concentrates, or products derived therefrom, to carry out 
inspection, auditing, investigation, or enforcement (not including the 
collection of royalties, civil or criminal penalties, or other 
payments) activities under this section in cooperation with the 
Secretary, and to carry out any other activity described in this 
section.
    (2) Except as provided in paragraph (3) of this subsection 
(relating to trade secrets), 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 locatable minerals, 
concentrates, or products derived therefrom from claims on lands open 
to location under this Act.
    (3) Trade secrets, proprietary, and other confidential information 
protected from disclosure under section 552 of title 5, United States 
Code, popularly known as the Freedom of Information Act, 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.
    (f) Interest and Substantial Underreporting Assessments.--(1) In 
the case of mining claims where royalty payments are not received by 
the Secretary on the date that such payments are due, the Secretary 
shall charge interest on such underpayments at the same interest rate 
as the rate applicable under section 6621(a)(2) of the Internal Revenue 
Code of 1986. In the case of an underpayment, interest shall be 
computed and charged only on the amount of the deficiency and not on 
the total amount.
    (2) If there is any underreporting of royalty owed on production 
from a claim for any production month by any person liable for royalty 
payments under this section, the Secretary shall assess a penalty of 
not greater than 25 percent of the amount of that underreporting.
    (3) For the purposes of this subsection, the term 
``underreporting'' means the difference between the royalty on the 
value of the production that should have been reported and the royalty 
on the value of the production which was reported, if the value that 
should have been reported is greater than the value that was reported.
    (4) 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.
    (5) The Secretary shall waive any portion of an assessment under 
paragraph (2) of this subsection attributable to that portion of the 
underreporting for which the person responsible for paying the royalty 
demonstrates that--
            (A) such person had written authorization from the 
        Secretary to report royalty on the value of the production on 
        basis on which it was reported;
            (B) such person had substantial authority for reporting 
        royalty on the value of the production on the basis on which it 
        was reported;
            (C) such person previously had notified the Secretary, in 
        such manner as the Secretary may by rule prescribe, of relevant 
        reasons or facts affecting the royalty treatment of specific 
        production which led to the underreporting; or
            (D) such person meets any other exception which the 
        Secretary may, by rule, establish.
    (6) All penalties collected under this subsection shall be 
deposited in the Abandoned Mine Cleanup Fund established by section 
201(a).
    (g) Delegation.--For the purposes of this section, the term 
``Secretary'' means the Secretary of the Interior acting through the 
Director of the Minerals Management Service.
    (h) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on all locatable minerals, concentrates, or products derived 
therefrom lost or wasted from a mining claim located under the general 
mining laws and maintained in compliance with this Act when such loss 
or waste is due to negligence on the part of any person or due to the 
failure to comply with any rule, regulation, or order issued under this 
section.
    (i) Gross Income From Mining Defined.--For the purposes of this 
section, for any locatable 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.
    (j) Effective Date.--The royalty under this section shall take 
effect with respect to the production of locatable 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.
    (k) Failure To Comply With Royalty Requirements.--Any person who 
fails to comply with the requirements of this section or any regulation 
or order issued to implement this section shall be liable for a civil 
penalty under section 109 of the Federal Oil and Gas Royalty Management 
Act (30 U.S.C. 1719) to the same extent as if the claim located under 
the general mining laws and maintained in compliance with this Act were 
a lease under that Act.

SEC. 102. HARDROCK MINING CLAIM MAINTENANCE FEE.

    (a) Fee.--
            (1) Except as provided in section 2511(e)(2) of the Energy 
        Policy Act of 1992 (relating to oil shale claims), for each 
        unpatented mining claim, mill or tunnel site on federally owned 
        lands, whether located before, on, or after enactment of this 
        Act, each claimant shall pay to the Secretary, on or before 
        August 31 of each year, a claim maintenance fee of $300 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)).
            (2)(A) The claim maintenance fee required under this 
        subsection shall be waived for a claimant who certifies in 
        writing to the Secretary that on the date the payment was due, 
        the claimant and all related parties--
                    (i) held not more than 10 mining claims, mill 
                sites, or tunnel sites, or any combination thereof, on 
                public lands; and
                    (ii) have performed assessment work required under 
                the Mining Law of 1872 (30 U.S.C. 28 et seq.) to 
                maintain the mining claims held by the claimant and 
                such related parties for the assessment year ending on 
                noon of September 1 of the calendar year in which 
                payment of the claim maintenance fee was due.
            (B) For purposes of subparagraph (A), with respect to any 
        claimant, the term ``all related parties'' means--
                    (i) the spouse and dependent children (as defined 
                in section 152 of the Internal Revenue Code of 1986), 
                of the claimant; or
                    (ii) a person affiliated with the claimant, 
                including--
                            (I) a person controlled by, controlling, or 
                        under common control with the claimant; or
                            (II) a subsidiary or parent company or 
                        corporation of the claimant.
            (3)(A) The Secretary shall adjust the fees required by this 
        subsection to reflect changes in the Consumer Price Index 
        published by the Bureau of Labor Statistics of the Department 
        of Labor every 5 years after the date of enactment of this Act, 
        or more frequently if the Secretary determines an adjustment to 
        be reasonable.
            (B) The Secretary shall provide claimants notice of any 
        adjustment made under this paragraph not later than July 1 of 
        any year in which the adjustment is made.
            (C) A fee adjustment under this paragraph shall begin to 
        apply the calendar year following the calendar year in which it 
        is made.
            (4) Moneys received under this subsection that are not 
        otherwise allocated for the administration of the mining laws 
        by the Department of the Interior shall be deposited in the 
        Abandoned Mine Cleanup Fund established by section 201(a).
    (b) Location.--
            (1) Notwithstanding any provision of law, for every 
        unpatented mining claim, mill or tunnel site located after the 
        date of enactment of this Act and before September 30, 1998, 
        the locator shall, at the time the location notice is recorded 
        with the Bureau of Land Management, pay to the Secretary a 
        location fee, in addition to the fee required by subsection (a) 
        of $50 per claim.
            (2) Moneys received under this subsection that are not 
        otherwise allocated for the administration of the mining laws 
        by the Department of the Interior shall be deposited in the 
        Abandoned Mine Cleanup Fund established by section 201(a).
    (c) Transfer.--
            (1) Notwithstanding any provision of law, for every 
        unpatented mining claim, mill, or tunnel site the ownership 
        interest of which is transferred after the date of enactment of 
        this Act, the transferee shall, at the time the transfer 
        document is recorded with the Bureau of Land Management, pay to 
        the Secretary a transfer fee, in addition to the fee required 
        by subsection (a) of $100 per claim.
            (2) Moneys received under this subsection that are not 
        otherwise allocated for the administration of the mining laws 
        by the Department of the Interior shall be deposited in the 
        Abandoned Mine Cleanup Fund established by section 201(a).
    (d) Co-Ownership.--The co-ownership provisions of the Mining Law of 
1872 (30 U.S.C. 28 et seq.) will remain in effect except that the 
annual claim maintenance fee, where applicable, shall replace 
applicable assessment requirements and expenditures.
    (e) Failure To Pay.--Failure to pay the claim maintenance fee as 
required by subsection (a) shall conclusively constitute a forfeiture 
of the unpatented mining claim, mill or tunnel site by the claimant and 
the claim shall be deemed null and void by operation of law.
    (f) Other Requirements.--
            (1) 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) of that Act, which remain in effect.
            (2) Section 2324 of the Revised Statutes of the United 
        States (30 U.S.C. 28) is amended by inserting ``or section 102 
        of the Abandoned Mine Reclamation Act of 2009'' after ``Act of 
        1993,''.

SEC. 103. RECLAMATION FEE.

    (a) Imposition of Fee.--
            (1) In general.--Except as provided in paragraph (2), each 
        operator of a hardrock minerals mining operation shall pay to 
        the Secretary, for deposit in the Abandoned Mine Cleanup Fund 
        established by section 201(a), a reclamation fee of 0.3 percent 
        of the gross income of the hardrock minerals mining operation 
        for each calendar year.
            (2) Exception.--With respect to any calendar year required 
        under subsection (b), an operator of a hardrock minerals mining 
        operation shall not be required to pay the reclamation fee 
        under paragraph (1) if--
                    (A) the gross annual income of the hardrock 
                minerals mining operation for the calendar year is an 
                amount less than $500,000; and
                    (B) the hardrock minerals mining operation is 
                comprised of--
                            (i) 1 or more hardrock mineral mines 
                        located in a single patented claim; or
                            (ii) 2 or more contiguous patented claims.
    (b) Payment Deadline.--The reclamation fee shall be paid not later 
than 60 days after the end of each calendar year beginning with the 
first calendar year occurring after the date of enactment of this Act.
    (c) Deposit of Revenues.--Amounts received by the Secretary under 
subsection (a)(1) shall be deposited into the Abandoned Mine Cleanup 
Fund established by section 201(a).
    (d) Effect.--Nothing in this section requires a reduction in, or 
otherwise affects, any similar fee required under any law (including 
regulations) of any State.

SEC. 104. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.

    Timely payment of the claim maintenance fee required by section 
102(a) of this Act or any related law relating to the use of Federal 
land, asserts the claimant's authority to use and occupy the Federal 
land concerned for prospecting and exploration, consistent with the 
requirements of this Act and other applicable law.

                 TITLE II--ABANDONED MINE CLEANUP FUND

SEC. 201. ESTABLISHMENT OF FUND.

    (a) Establishment.--There is established on the books of the 
Treasury of the United States a separate account to be known as the 
Abandoned Mine Cleanup Fund (hereinafter in this title referred to as 
the ``Fund'').
    (b) Investment.--The Secretary shall notify the Secretary of the 
Treasury as to what portion of the Fund is not, in the Secretary's 
judgment, required to meet current withdrawals. The Secretary of the 
Treasury shall invest such portion of the Fund in public debt 
securities with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketplace obligations of the United States of comparable maturities.

SEC. 202. CONTENTS OF FUND.

    The following amounts shall be credited to the Fund:
            (1) All donations by persons, corporations, associations, 
        and foundations for the purposes of this title.
            (2) All amounts deposited in the Fund under section 101 
        (relating to royalties and penalties for underreporting).
            (3) All amounts received by the United States pursuant to 
        section 102 as claim maintenance, location, and transfer fees 
        minus the moneys allocated for administration of the mining 
        laws by the Department of the Interior.
            (4) All amounts received by the Secretary in accordance 
        with section 103(a).
            (5) All income on investments under section 201(b).

SEC. 203. USE AND OBJECTIVES OF THE FUND.

    (a) In General.--The Secretary is authorized, without further 
appropriation, to use moneys in the Fund for the reclamation and 
restoration of land and water resources adversely affected by past 
mineral activities on lands the legal and beneficial title to which 
resides in the United States, land within the exterior boundary of any 
national forest system unit, or other lands described in subsection 
(d), including any of the following:
            (1) Protecting public health and safety.
            (2) Preventing, abating, treating, and controlling water 
        pollution created by abandoned mine drainage, including in 
        river watershed areas.
            (3) Reclaiming and restoring abandoned surface and 
        underground mined areas.
            (4) Reclaiming and restoring abandoned milling and 
        processing areas.
            (5) Backfilling, sealing, or otherwise controlling, 
        abandoned underground mine entries.
            (6) Revegetating land adversely affected by past mineral 
        activities in order to prevent erosion and sedimentation, to 
        enhance wildlife habitat, and for any other reclamation 
        purpose.
            (7) Controlling of surface subsidence due to abandoned 
        underground mines.
    (b) Allocation.--Expenditures of moneys from the Fund shall reflect 
the following priorities in the order stated:
            (1) The protection of public health and safety, from 
        extreme danger from the adverse effects of past mineral 
        activities, especially as relates to surface water and 
        groundwater contaminants.
            (2) The protection of public health and safety, from the 
        adverse effects of past mineral activities.
            (3) The restoration of land, water, and fish and wildlife 
        resources previously degraded by the adverse effects of past 
        mineral activities, which may include restoration activities in 
        river watershed areas.
    (c) Habitat.--Reclamation and restoration activities under this 
title, particularly those identified under subsection (a)(4), shall 
include appropriate mitigation measures to provide for the continuation 
of any established habitat for wildlife in existence prior to the 
commencement of such activities.
    (d) Other Affected Lands.--Where mineral exploration, mining, 
beneficiation, processing, or reclamation activities have been carried 
out with respect to any mineral which would be a locatable mineral if 
the legal and beneficial title to the mineral were in the United 
States, if such activities directly affect lands managed by the Bureau 
of Land Management as well as other lands and if the legal and 
beneficial title to more than 50 percent of the affected lands resides 
in the United States, the Secretary is authorized, subject to 
appropriations, to use moneys in the Fund for reclamation and 
restoration under subsection (a) for all directly affected lands.
    (e) Response or Removal Actions.--Reclamation and restoration 
activities under this title which constitute a removal or remedial 
action under section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601), shall be 
conducted with the concurrence of the Administrator of the 
Environmental Protection Agency. The Secretary and the Administrator 
shall enter into a Memorandum of Understanding to establish procedures 
for consultation, concurrence, training, exchange of technical 
expertise and joint activities under the appropriate circumstances, 
that provide assurances that reclamation or restoration activities 
under this title shall not be conducted in a manner that increases the 
costs or likelihood of removal or remedial actions under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable.

SEC. 204. ELIGIBLE LANDS AND WATERS.

    (a) Eligibility.--Reclamation expenditures under this title may be 
made with respect to Federal, State, local, tribal, and private land or 
water resources that traverse or are contiguous to Federal, State, 
local, tribal, or private land where such lands or water resources have 
been affected by past mineral activities, including any of the 
following:
            (1) Lands and water resources which were used for, or 
        affected by, mineral activities and abandoned or left in an 
        inadequate reclamation status before the effective date of this 
        Act.
            (2) Lands for which the Secretary makes a determination 
        that there is no continuing reclamation responsibility of a 
        claim holder, operator, or other person who abandoned the site 
        prior to completion of required reclamation under State or 
        other Federal laws.
    (b) Specific Sites and Areas Not Eligible.--The provisions of 
section 411(d) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1240a(d)) shall apply to expenditures made from the 
Fund.
    (c) Inventory.--
            (1) In general.--The Secretary shall prepare and maintain a 
        publicly available inventory of abandoned locatable minerals 
        mines on public lands and any abandoned mine on Indian lands 
        that may be eligible for expenditures under this title, and 
        shall deliver a yearly report to the Congress on the progress 
        in cleanup of such sites.
            (2) Priority.--In preparing and maintaining the inventory 
        described in paragraph (1), the Secretary shall give priority 
        to abandoned locatable minerals mines in accordance with 
        section 203(b).
            (3) Periodic updates.--Not later than 5 years after the 
        date of enactment of this Act, and every 5 years thereafter, 
        the Secretary shall update the inventory described in paragraph 
        (1).

SEC. 205. EXPENDITURES.

    Moneys available from the Fund may be expended for the purposes 
specified in section 203 directly by the Director of the Office of 
Surface Mining Reclamation and Enforcement. The Director may also make 
such money available for such purposes to the Director of the Bureau of 
Land Management, the Chief of the United States Forest Service, the 
Director of the National Park Service, or Director of the United States 
Fish and Wildlife Service, to any other agency of the United States, to 
an Indian tribe, or to any public entity that volunteers to develop and 
implement, and that has the ability to carry out, all or a significant 
portion of a reclamation program under this title.

SEC. 206. AVAILABILITY OF AMOUNTS.

    Amounts credited to the Fund shall--
            (1) be available, without further appropriation, for 
        obligation and expenditure; and
            (2) remain available until expended.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

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