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Subtitle A—Hardrock Mining 
Reclamation 
SEC. 611. DISPLACED MATERIAL RECLAMATION FEE. 
(a) IMPOSITION
OF FEE.—Except as provided in 
paragraph (2), each operator of a hardrock mining oper-
ation shall pay to the Secretary, for deposit in the Aban-
doned Mine Cleanup Fund established by section 621(a), 
a displaced material reclamation fee of 7 cents per ton 
of displaced material. 
(b) PAYMENT DEADLINE.—The reclamation fee shall 
be paid not later than 60 days after the end of each cal-
endar year beginning with the first calendar year occur-
ring after the date of enactment of this Act. 
(c) SUBMISSION
OF STATEMENT.—Together with 
such reclamation fee, all operators of hardrock mining op-
erations shall submit a statement of the amount of dis-
placed materials produced during mineral activities during 
the previous calendar year, the accuracy of which shall be 
sworn to by the operator and notarized. 
(d) PENALTY.—Any person, corporate officer, agent 
or director, on behalf of a hardrock mining operation, who 
knowingly makes any false statement, representation or 
certification, or knowingly fails to make any statement, 
representation or certification required in this section 
shall, upon conviction, be punished by a fine of not more 
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than $10,000, or by imprisonment for not more than one 
year, or both. 
(e) CIVIL ACTION TO RECOVER FEE.—Any portion 
of the reclamation fee not properly or promptly paid pur-
suant to this section shall be recoverable, with statutory 
interest, from the hardrock mining operations operator, in 
any court of competent jurisdiction in any action at law 
to compel payment of debts. 
(f) DEPOSIT OF REVENUES.—Amounts received by 
the Secretary under subsection (a)(1) shall be deposited 
in the Abandoned Mine Cleanup Fund established by sec-
tion 621(a). 
(g) EFFECT.—Nothing in this section requires a re-
duction in, or otherwise affects, any similar fee required 
under any law (including regulations) of any State. 
Subtitle B—Abandoned Mine 
Cleanup Fund 
SEC. 621. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—There is established on the 
books of the Treasury of the United States a separate ac-
count to be known as the Abandoned Mine Cleanup Fund 
(hereinafter in this subtitle referred to as the ‘‘Fund’’) 
consisting of the following: 
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(1) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
subtitle. 
(2) All amounts deposited in the Fund under 
section 611. 
(3) All income on investments under section 
612(b). 
(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 cur-
rent withdrawals. The Secretary of the Treasury shall in-
vest 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. 
(c) ADMINISTRATION.— 
(1) The Fund shall be administered by the Sec-
retary, acting through the Director of the Office of 
Surface Mining Reclamation and Enforcement. 
(2) Amounts credited to the Fund shall be 
available, without further appropriation, for obliga-
tion and expenditure; and shall remain available 
until expended. 
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(3) The Secretary may retain such funds as 
necessary for the administrative expenses of the 
United States, Indian tribes, and the States to ac-
complish the purposes of this subtitle. 
(d) 
EXPENDITURES.—Subject 
to 
section 
622, 
amounts in the Fund may, without fiscal year limitation 
and without further appropriation— 
(1) be expended by the Secretary for the pur-
poses described in section 622; 
(2) be transferred by the Secretary to the Di-
rector of the Bureau of Land Management, the 
Chief of the Forest Service, the Director of the Na-
tional Park Service, the Director of the United 
States Fish and Wildlife Service, or the head of any 
other Federal agency, that develops, implements, 
and has the ability to carry out all or a significant 
portion of a reclamation program under this subtitle; 
or 
(3) be transferred by the Secretary to an Indian 
tribe or a State with an approved reclamation pro-
gram, as provided in subsection (e). 
(e) STATE AND TRIBAL RECLAMATION PROGRAMS.— 
(1) IN
GENERAL.—Each State having within 
the borders of the State, or tribe having within the 
borders of the reservation of the tribe, mined land 
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that is eligible for reclamation under this title may 
submit to the Secretary a reclamation program for 
the land. 
(2) APPROVAL.—If the Secretary determines 
that a State or tribe has developed and submitted a 
program for reclamation of abandoned mines con-
sistent with the priorities established under section 
622(c) and has the ability and necessary State or 
tribal legislation to implement this subtitle, the Sec-
retary shall— 
(A) approve the program; and 
(B) grant to the State or tribe the exclu-
sive responsibility and authority to implement 
the approved program. 
(3) WITHDRAWAL
OF
APPROVAL.—The Sec-
retary shall withdraw the approval and authorization 
if the Secretary determines that the State or tribal 
program is not in compliance with procedures, 
guidelines, and requirements established by the Sec-
retary. 
(4) APPROVAL OF EXISTING PROGRAMS.—Sub-
ject to paragraph (3), any State program in an 
abandoned hardrock mine State or tribal program 
for reclamation of abandoned mines approved under 
title IV of the Surface Mining Control and Reclama-
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