site claim for, related to, or incidental to, mineral 
exploration, mining, beneficiation, processing, or rec-
lamation activities for any hardrock mineral. 
(13) The term ‘‘operator’’ means any person 
that conducts 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, cor-
poration, cooperative, or other organization and any 
instrumentality of State or local government includ-
ing any publicly owned utility or publicly owned cor-
poration of State or local government. 
(15) The term ‘‘processing’’ means processes 
downstream of beneficiation employed to prepare 
hardrock mineral ore into the final marketable prod-
uct, including but not limited to smelting and elec-
trolytic refining. 
(16) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(17) The term ‘‘ton’’ means 2,000 pounds av-
oirdupois (.90718 metric ton). 
(18) The term ‘‘waste’’ means rock that must 
be fractured and removed in order to gain access to 
crude ore. 
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(b) REFERENCES TO OTHER LAWS.—(1) Any ref-
erence in this title 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 title 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.). 
Subtitle A—Hardrock Mining 
Reclamation 
SEC. 211. 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 221(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. 
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(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 
than $10,000. 
(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 221(a). 
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(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. 
SEC. 212. FEES ADJUSTMENTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
adjust the fees required by section 211 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 reason-
able. 
(b) NOTICE.—The Secretary shall provide claimants 
notice of any adjustment made under this section not later 
than July 1 of any year in which the adjustment is made. 
(c) APPLICATION.—A fee adjustment under this sec-
tion shall begin to apply in the calendar year following 
the calendar year in which it is made. 
Subtitle B—Abandoned Mine 
Cleanup Fund 
SEC. 221. 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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