January 6, 2009 CONGRESSIONAL RECORD — SENATE S119 

SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as may be necessary to cover the 

costs incurred by the United States Secret 

Service to carry out investigations and risk 

assessments of security breaches as required 

under this Act. 

SEC. 12. REPORTING ON RISK ASSESSMENT EXEMPTIONS. 

(a) IN GENERAL.—The United States Secret 

Service shall report to Congress not later 

than 18 months after the date of enactment 

of this Act, and upon the request by Congress 

thereafter, on— 

(1) the number and nature of the security 

breaches described in the notices filed by 

those business entities invoking the risk assessment exemption under section 3(b) of 

this Act and the response of the United 

States Secret Service to such notices; and 

(2) the number and nature of security 

breaches subject to the national security and 

law enforcement exemptions under section 

3(a) of this Act. 

(b) REPORT.—Any report submitted under 

subsection (a) shall not disclose the contents 

of any risk assessment provided to the 

United States Secret Service under this Act. 

SEC. 13. DEFINITIONS. 

In this Act, the following definitions shall 

apply: 

(1) AGENCY.—The term ‘‘agency’’ has the 

same meaning given such term in section 551 

of title 5, United States Code. 

(2) AFFILIATE.—The term ‘‘affiliate’’ means 

persons related by common ownership or by 

corporate control. 

(3) BUSINESS ENTITY.—The term ‘‘business 

entity’’ means any organization, corporation, trust, partnership, sole proprietorship, 

unincorporated association, venture established to make a profit, or nonprofit, and 

any contractor, subcontractor, affiliate, or 

licensee thereof engaged in interstate commerce. 

(4) ENCRYPTED.—The term ‘‘encrypted’’— 

(A) means the protection of data in electronic form, in storage or in transit, using an 

encryption technology that has been adopted 

by an established standards setting body 

which renders such data indecipherable in 

the absence of associated cryptographic keys 

necessary to enable decryption of such data; 

and 

(B) includes appropriate management and 

safeguards of such cryptographic keys so as 

to protect the integrity of the encryption. 

(5) PERSONALLY IDENTIFIABLE INFORMATION.—The term ‘‘personally identifiable information’’ means any information, or compilation of information, in electronic or digital form serving as a means of identification, as defined by section 1028(d)(7) of title 

18, United State Code. 

(6) SECURITY BREACH.— 

(A) IN GENERAL.—The term ‘‘security 

breach’’ means compromise of the security, 

confidentiality, or integrity of computerized 

data through misrepresentation or actions 

that result in, or there is a reasonable basis 

to conclude has resulted in, acquisition of or 

access to sensitive personally identifiable information that is unauthorized or in excess 

of authorization. 

(B) EXCLUSION.—The term ‘‘security 

breach’’ does not include— 

(i) a good faith acquisition of sensitive personally identifiable information by a business entity or agency, or an employee or 

agent of a business entity or agency, if the 

sensitive personally identifiable information 

is not subject to further unauthorized disclosure; or 

(ii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements. 

(7) SENSITIVE PERSONALLY IDENTIFIABLE INFORMATION.—The term ‘‘sensitive personally 

identifiable information’’ means any information or compilation of information, in 

electronic or digital form that includes— 

(A) an individual’s first and last name or 

first initial and last name in combination 

with any 1 of the following data elements: 

(i) A non-truncated social security number, 

driver’s license number, passport number, or 

alien registration number. 

(ii) Any 2 of the following: 

(I) Home address or telephone number. 

(II) Mother’s maiden name, if identified as 

such. 

(III) Month, day, and year of birth. 

(iii) Unique biometric data such as a finger 

print, voice print, a retina or iris image, or 

any other unique physical representation. 

(iv) A unique account identifier, electronic 

identification number, user name, or routing 

code in combination with any associated security code, access code, or password that is 

required for an individual to obtain money, 

goods, services or any other thing of value; 

or 

(B) a financial account number or credit or 

debit card number in combination with any 

security code, access code or password that 

is required for an individual to obtain credit, 

withdraw funds, or engage in a financial 

transaction. 

SEC. 14. EFFECTIVE DATE. 

This Act shall take effect on the expiration 

of the date which is 90 days after the date of 

enactment of this Act. 

By Mrs. FEINSTEIN: 

S. 140. 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; 

to the Committee on Energy and Natural Resources. 

Mrs. FEINSTEIN. Mr. President, I 

rise today to introduce legislation that 

will help address the threats to public 

health and safety caused by abandoned 

hardrock mines. 

There are as many as 500,000 abandoned mines strewn across the western 

states—47,000 alone are found on California’s public lands. 

The scope of this problem is huge. 

In the past two years, eight accidents 

at abandoned mine sites were reported 

in California. Throughout the United 

States, at least 37 deaths occurred between 1999 and 2007 and the potential 

for more is ominous. 

Basic remediation efforts, such as 

warning signs and fencing, can provide 

protection. 

However, some abandoned mines pose 

a more serious threat. Environmental 

impact studies have shown that important watersheds are being polluted by 

high levels of harmful minerals, such 

as mercury, lead, arsenic and asbestos. 

In California alone, seventeen watersheds have been affected. 

Yet not enough is being done to clean 

up these dangerous Gold Rush-era 

mines. 

The bill that I am introducing today 

is not intended to be a comprehensive 

hardrock mining bill, but it is an important piece of the reform needed. 

The Abandoned Mine Reclamation 

Act of 2009 will reform the 1872 Mining 

Law by establishing fees to support 

abandoned mine clean up; establishing 

a royalty payment system; and creating an Abandoned Mine Clean up 

Fund. 

Unlike the coal industry, the metal 

mining industry does not pay to clean 

up its legacy of abandoned mines, making lack of funding the primary obstacle to abandoned hardrock mine clean 

up. 

This legislation would help fund the 

clean up of abandoned mines by placing 

an Abandoned Mine Reclamation fee on 

all hardrock minerals, using the underground coal industry fee program as a 

model. Specifically, it would create a 

0.3 percent reclamation fee on the gross 

value of all hardrock mineral mining, 

including mining on Federal, State, 

tribal, local and private lands. 

The condition of abandoned coal 

mines has greatly improved since the 

Surface Mining Control and Reclamation Act of 1977 established a fee to finance restoration of land abandoned or 

inadequately restored by coal mining 

companies. 

This fund has been able to raise billions of dollars for coal mine reclamation—and I believe that a similar program could be part of the solution to 

hardrock abandoned mine clean up. 

This legislation establishes a royalty 

fee on Hardrock Mining Claims. 

Companies that mine for gold and silver on Federal lands are not currently 

required to pay any royalties to the 

Federal Government—even though we 

are experiencing near record high gold 

prices. 

These companies should be required 

to pay their fair share. 

The Abandoned Mine Reclamation 

Act establishes an 8 percent royalty on 

new mining operations located on Federal lands, and a 4 percent royalty for 

existing operations. 

The legislation I am introducing 

today also creates an Abandoned Mine 

Fund. 

In these times of budget deficits, it’s 

clear that we will not be able to simply 

appropriate the funds necessary to 

clean up the hundreds of thousands of 

abandoned hard rock mines. 

So, this legislation will create an 

abandoned mine clean up fund to ensure that we have a lasting source of 

funding for this critical clean up effort. 

Specifically, the fund will direct the 

royalties, as well as other payments 

collected from mining operations, and 

dedicate them to the clean up of abandoned hardrock mines. 

I recognize the important role that 

mining has played in California’s history. The discovery of gold at Sutter 

Mill near Placerville, California in 1848 

was a defining moment for my State 

and the U.S. 

It is fair to say that without mining 

and the Gold Rush, California and the 

entire country would be a far different 

place than it is today. 

The history of mining in California, 

however, is tarnished by the legacy of 

tens of thousands of abandoned mines. 

In particular, abandoned mine sites on 

Federal lands. 

A recent report from the Department 

of the Interior’s Inspector General underscores the scope and the urgency of 


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S120 CONGRESSIONAL RECORD — SENATE January 6, 2009 

the abandoned mine problem on public 

lands—in particular, those managed by 

the Bureau of Land Management and 

the National Park Service. 

The report concluded that public 

health and safety have been compromised by mismanagement, funding 

shortfalls and systematic neglect. 

The report found the potential for 

more deaths and injuries is ominous. A 

number of abandoned mine sites on 

public lands present an immediate danger due to open shafts, collapsing mine 

walls, and rotting structures. Some 

have deadly gases that accumulate in 

underground passages. And others 

leach hazardous chemicals like arsenic, 

lead and mercury into groundwater. 

The Bureau of Land Management’s 

abandoned mines program has been neglected and understaffed. In some 

cases, staff were told by their supervisors to ignore these problems; and 

those who did come forward to identify 

contaminated sites were criticized or 

outright threatened. 

The scope of the problem is less severe at the National Parks Service. 

But perennial funding shortfalls impede the clean up of known abandoned 

mines. 

At the heart of the problem is a century-old law signed by President Ulysses S. Grant to promote the settlement 

of publicly-owned lands in the western 

states. 

The 1872 Mining Law created national standards for hardrock mining 

operations on Federal public lands; 

however, it has not been substantially 

updated for 137 years. Under this outdated framework, the hardrock mining 

industry does not pay royalties for 

minerals taken from Federal land and 

is not obligated to share in the cost of 

clean up for abandoned mines. Since 

the enactment of this law, hundreds of 

thousands of mines have been abandoned. 

Congress needs to move swiftly to address this issue before more damage 

and accidents occur. 

Though this legislation is a significant step forward for the funding of 

abandoned mines, I know that there is 

much more mining reform to be done. 

I look forward to working with my 

colleagues to modernize our Nation’s 

mining laws and accelerate the clean 

up of dangerous abandoned mines. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 140 

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). 


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(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 


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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. 


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January 6, 2009 CONGRESSIONAL RECORD — SENATE S123 

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. 

By Mrs. FEINSTEIN (for herself, 

Mr. GREGG, and Ms. SNOWE): 

S. 141. A bill to amend title 18, 

United States Code, to limit the misuse 

of Social Security numbers, to establish criminal penalties for such misuse, 

and for other purposes; to the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

am pleased to introduce legislation to 

protect one of Americans’ most valuable but vulnerable assets: Social Security numbers. 

The bill I am introducing today aims 

to protect individual privacy and prevent identity theft by eliminating the 

unnecessary use and display of Social 

Security numbers. 

I have been working since the 106th 

Congress to safeguard Social Security 

numbers. I believe that the widespread 

display and use of these numbers poses 

a significant, and entirely preventable 

threat to personal privacy. 

In 1935, Congress authorized the Social Security Administration to issue 

Social Security numbers as part of the 

Social Security program. Since that 

time, Social Security numbers have become the best-known and easiest way 

to identify individuals in the United 

States. 

Use of these numbers has expanded 

well beyond their original purpose. Social Security numbers are now used for 

everything from credit checks to rental 

agreements to employment 

verifications, among other purposes. 

They can be found in privately held 

databases and on public records—including marriage licenses, professional 

certifications, and countless other public documents—many of which are 

available on the Internet. 

Once accessed, the numbers act like 

keys—allowing thieves to open credit 

card and bank accounts and even begin 

applying for government benefits. 

According to the Federal Trade Commission, as many as 10 million Americans have their identities stolen by 


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