(e) EFFECTIVE DATE.—This section shall take effect
with respect to hardrock minerals produced in calendar
years after December 31, 1996.
SEC. 3. ABANDONED MINERALS MINE RECLAMATION FUND.
(a) ESTABLISHMENT.—(1) There is established on
the books of the Treasury of the United States an interest-
bearing fund to be known as the Abandoned Minerals
Mine Reclamation Fund (hereinafter referred to in this
section as the Fund). The Fund shall be administered by
the Secretary.
(2) The Secretary shall notify the Secretary of the
Treasury as to what portion of the Fund is not, in his
judgment, required to meet current withdrawals. The Sec-
retary 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 de-
termined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding mar-
ketplace obligations of the United States of comparable
maturities. The income on such investments shall be cred-
ited to, and from a part of, the Fund.
(b) USE AND OBJECTIVES OF THE FUND.—The Sec-
retary is, subject to appropriations, authorized to use
moneys in the Fund for the reclamation and restoration
of land and water resources adversely affected by past
mineral (other than coal and fluid minerals) and mineral
material mining, including but not limited to, any of the
following:
(1) Reclamation and restoration of abandoned
surface mined areas.
(2) Reclamation and restoration of abandoned
milling and processing areas.
(3) Sealing, filling, and grading abandoned deep
mine entries.
(4) Planting of land adversely affected by past
mining to prevent erosion and sedimentation.
(5) Prevention, abatement, treatment and con-
trol of water pollution created by abandoned mine
drainage.
(6) Control of surface subsidence due to aban-
doned deep mines.
(7) Such expenses as may be necessary to ac-
complish the purposes of this section.
(c) ELIGIBLE AREAS.—(1) Land and waters eligible
for reclamation expenditures under this section shall be
those within the boundaries of States that have lands sub-
ject to the general mining laws—
(A) which were mined or processed for minerals
and mineral materials or which were affected by
such mining or processing, and abandoned or left in
an inadequate reclamation status prior to the date
of enactment of this title;
(B) for which the Secretary makes a determina-
tion that there is no continuing reclamation respon-
sibility under State or Federal laws; and
(C) for which it can be established that such
lands do not contain minerals which could economi-
cally be extracted through the reprocessing or remin-
ing of such lands.
(2) Sites and areas designated for remedial action
pursuant to the Uranium Mill Tailings Radiation Control
Act of 1978 (42 U.S.C. 7901 and following) or which have
been listed for remedial action pursuant to the Com-
prehensive Environmental Response Compensation and
Liability Act of 1980 (42 U.S.C. 9601 and following) shall
not be eligible for expenditures from the Fund under this
section.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ‘‘gross proceeds’’ means the value
of any extracted hardrock mineral which was—
(A) sold;
(B) exchanged for any thing or service;
(C) removed from the country in a form
ready for use or sale; or
(D) initially used in a manufacturing proc-
ess or in providing a service.
(2) The term ‘‘net proceeds’’ means gross pro-
ceeds less the sum of the following deductions:
(A) The actual cost of extracting the min-
eral.
(B) The actual cost of transporting the
mineral to the place or places of reduction, re-
fining and sale.
(C) The actual cost of reduction, refining
and sale.
(D) The actual cost of marketing and de-
livering the mineral and the conversion of the
mineral into money.
(E) The actual cost of maintenance and re-
pairs of the following:
(i) All machinery, equipment, appara-
tus and facilities used in the mine.
(ii) All milling, refining, smelting and
reduction works, plants and facilities.
(iii) All facilities and equipment for
transportation.
(F) The actual cost of fire insurance on
the machinery, equipment, apparatus, works,
plants and facilities mentioned in subparagraph
(E).
(G) Depreciation of the original capitalized
cost of the machinery, equipment, apparatus,
works, plants and facilities mentioned in sub-
paragraph (E).
(H) All money expended for premiums for
industrial insurance, and the actual cost of hos-
pital and medical attention and accident bene-
fits and group insurance for all employees.
(I) The actual cost of developmental work
in or about the mine or upon a group of mines
when operated as a unit.
(J) All royalties and severance taxes paid
to the Federal Government or State govern-
ments.
(3) The term ‘‘hardrock mineral’’ means any
mineral other than a mineral that would be subject
to disposition under any of the following if located
on land subject to the general mining laws:
(A) The Mineral Leasing Act (30 U.S.C.
181 and following).
(B) The Geothermal Steam Act of 1970
(30 U.S.C. 100 and following).