In the Senate of the United States,
November 22, 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 322) entitled ‘‘An Act to modify the requirements
applicable to locatable minerals on public domain lands, con-
sistent with the principles of self-initiation of mining claims,
and for other purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLES.
(a) IN GENERAL.—This Act may be cited as the
‘‘Hardrock Mining Reform Act of 1993’’.
(b) SURFACE RESOURCES ACT OF 1955.—The Act of
July 23, 1955 (69 Stat. 367, chapter 375; 30 U.S.C. 611
et seq.) is amended by adding at the end the following new
section:
‘‘SEC. 8. SHORT TITLE.
‘‘This Act may be cited as the ‘Surface Resources Act
of 1955’.’’.
(c) MATERIALS ACT OF 1947.—The Act of July 31,
1947 (61 Stat. 681, chapter 406; 30 U.S.C. 601 et seq.) is
amended by adding at the end the following new section:
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‘‘SEC. 5. SHORT TITLE.
‘‘This Act may be cited as the ‘Materials Act of
1947’.’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds and declares that—
(1) a secure and reliable supply of nonfuel min-
erals is essential to the industrial base of the United
States, national security, and balance of trade;
(2) many of the deposits of nonfuel hard min-
erals that may be commercially developed are on Fed-
eral public lands, and are difficult and expensive to
discover and process;
(3) the national need for nonfuel hard minerals
will continue to expand and the demand for the min-
erals will exceed domestic sources of supply without a
strong mining industry;
(4) mining of nonfuel hard minerals is an ex-
tremely high-risk, capital-intensive endeavor, which,
to attract necessary investment, requires certainty
and predictability in access to public lands, establish-
ment of mining titles, and the rights of claimants to
develop minerals;
(5) it is in the national interest to foster and en-
courage private enterprise in the development of a do-
mestic minerals industry to maintain and create high
paying jobs in the United States;
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(6) mining activities on public lands should be
consistent with applicable Federal land use plans and
should be conducted in compliance with all applicable
Federal and State environmental regulations and
standards, including standards governing mined land
reclamation;
(7) the diversity in terrain, climate, biological,
chemical, and other physical conditions, and vari-
ation among the minerals mined and the methods of
mining and processing, require that reclamation
standards should be tailored to local and regional
conditions; and
(8) changes in the general mining laws of the
United States to provide more direct economic return
to the United States and greater protection for public
resources are desirable, so long as the changes do not
adversely affect employment in the mining industry
or in industries that provide goods and services re-
quired for mining activities, interfere with a secure
and reliable supply of minerals, or adversely affect
the balance of trade of the United States.
(b) PURPOSE.—It is the purpose of this Act to—
(1) provide for increased Federal revenue from
the location and production of ores and nonfuel hard
minerals through increased fees and royalties;
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(2) provide for the payment of fair market value
for the surface of any land patented under the general
mining laws of the United States;
(3) ensure that all public lands affected by
nonfuel minerals mining activities under the general
mining laws are reclaimed, in concert with State and
local reclamation authorities; and
(4) establish a program to help reclaim nonfuel,
hardrock mineral abandoned mines.
SEC. 3. DEFINITIONS.
(1) LOCATABLE MINERAL.—The term ‘‘locatable min-
eral’’ means any mineral not subject to disposition under—
(A) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(B) the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
(C) the Materials Act of 1947 (30 U.S.C. 601 et
seq.); or
(D) the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 351 et seq.).
(2) MOUTH OF THE MINE.—The term ‘‘mouth of the
mine’’ means the portal of an underground mine, the point
of exit of ore from an open pit mine, or the wellhead of
a solution mine.
(3) VALUE.—
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(A) IN GENERAL.—The term ‘‘value’’ means the
fair market value of the ore or solutions as they
emerge from the mine or well, less the direct and indi-
rect costs of mining, including related mine explo-
ration and development expenses, determined in ac-
cordance with generally accepted accounting prin-
ciples.
(B) NO MARKET AT MOUTH OF MINE.—
(i) If there is no market for ore in its raw
or crude state, the term ‘‘value’’ means the gross
income (computed in accordance with subpara-
graph (C)) from the mining of the ore or the pro-
duction of the solutions, less the direct and indi-
rect costs associated with the mining or produc-
tion, determined in accordance with generally
accepted accounting principles.
(C) GROSS INCOME FROM THE MINING OF THE
ORE
OR
THE
PRODUCTION
OF
THE
SOLUTIONS.—
Gross income from the mining of the ore or the pro-
duction of the solutions shall be computed by mul-
tiplying—
(i) gross sales (actual or, where there are no
sales, constructive) of the minerals or metals con-
tained in the ore or solutions by a fraction whose
numerator is the sum of all direct and indirect
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mining costs incurred to bring the ore or solu-
tions to the mouth of the mine (excluding in-pit
crushing), and whose denominator is the total of
all mining and nonmining costs incurred to
produce, sell, and transport the product.
(4) SECRETARY.—Unless the context otherwise re-
quires, the term ‘‘Secretary’’ means the Secretary of the In-
terior.
SEC. 4. LOCATION AND MAINTENANCE REQUIREMENTS.
(a) LOCATION FEE.—For each claim located after date
of enactment of this Act, a claimant shall pay the Secretary
a location fee of $25.00 not later than 90 days after the
date of location.
(b) ANNUAL MAINTENANCE FEE.—Commencing the
first calendar year after the date of enactment of this Act,
a claimant shall pay the Secretary on or before December
31 of each year, a maintenance fee of $100 per claim to
maintain the claim for the following calendar year.
(c) INDEXING.—
(1) IN GENERAL.—The Secretary shall adjust the
fees required by this section 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
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frequently if the Secretary determines an adjustment
to be reasonable.
(2) NOTICE.—The Secretary shall provide claim-
ants notice of any adjustment made under this sub-
section not later than July 1 of any year in which
the adjustment is made.
(3) EFFECTIVE DATE OF ADJUSTMENT.—A fee
adjustment under this subsection shall begin to apply
the calendar year following the calendar year in
which it is made.
(d) FAILURE TO PAY FEE.—Failure to timely pay the
location fee or maintenance fee required by this section for
a claim shall be deemed an abandonment of the claim. The
claim shall be deemed null and void by operation of law
effective at noon on the date that is 30 days after the date
upon which the payment was due.
(e) EXCEPTION FOR HOLDERS OF FEWER THAN 50
CLAIMS.—
(1) ELIGIBILITY.—The claim maintenance fees
required under this section shall be waived or reduced
in accordance with paragraph (3) for a claimant who
certifies in writing to the Secretary that on the date
the payment was due the claimant—
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(A) was the holder (as defined in paragraph
(2)) of not more than 50 mining claims on pub-
lic lands; and
(B) has performed assessment work suffi-
cient to maintain the mining claims held by the
claimant for the assessment year ending on noon
of September 1 of the calendar year in which the
maintenance fee payment was due.
(2) HOLDER.—As used in paragraph (1), the
term ‘‘holder’’ includes—
(A) the claimant;
(B) the spouse and dependent children (as
defined in section 152 of the Internal Revenue
Code of 1986), of the claimant; and
(C) a person affiliated with the claimant,
including—
(i) a person controlled by, controlling,
or under common control with the claimant;
and
(ii) a subsidiary or parent company or
corporation of the claimant.
(3) WAIVED OR REDUCED MAINTENANCE FEES.—
(A) 10 OR FEWER CLAIMS.—The mainte-
nance fee shall be waived in its entirety for 10
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or fewer claims held by a claimant eligible under
paragraph (1).
(B) 11 OR MORE CLAIMS.—
(i) IN
GENERAL.—Subject to clause
(ii), the maintenance fee shall be reduced to
$25 per claim for each claim in excess of
10.
(ii) LIMITATION.—The reduction in
this subparagraph shall be available for no
more than 50 claims held by a claimant
who is eligible under paragraph (1).
(g) EXISTING REQUIREMENTS.—
(1) PAYMENT IN LIEU OF ANNUAL LABOR RE-
QUIREMENTS.—The third sentence of 2324 of the Re-
vised Statutes (30 U.S.C. 28) is amended by inserting
after ‘‘On each claim located after the 10th day of
May, 1872,’’ the following: ‘‘that is eligible for a
waiver or reduced fee under section 4(e) of the
Hardrock Mining Reform Act of 1993,’’.
(2) FEDERAL FILING REQUIREMENTS.—Section
314 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1744) is amended—
(A) by striking subsection (a);
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(B) by redesignating subsections (b), (c),
and (d) as subsections (a), (b), and (c), respec-
tively; and
(C) in subsection (b) (as so redesignated) by
striking ‘‘subsections (a) and (b)’’ and inserting
‘‘subsection (a)’’.
(3) CONFORMING AMENDMENT.—Section 2511(e)
of the Energy Policy Act of 1992 (30 U.S.C. 242(e))
is amended by striking the second sentence.
SEC. 5. ROYALTY.
(a) IN
GENERAL.—The production and sale of
locatable minerals (including associated minerals) from
any mining claim located after the date of enactment of
this Act shall be subject to a royalty of 2 percent of the
value of the minerals measured at the mouth of the mine.
(b) PAYMENT OF ROYALTY.—Royalty payments shall
be made not later than 45 days after the end of each cal-
endar quarter during which the minerals are sold. The pay-
ments shall be subject to adjustment, if required, at the end
of each calendar year.
(c) AUDIT.—The Secretary may audit the payments
under this section at any time upon notice to the claimant.
(d) ROYALTY DEDUCTION.—The Secretary may reduce
the royalties under this section whenever the Secretary de-
termines it is necessary to promote development or whenever
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the claims cannot be successfully operated under the terms
of this section.
(e) HARDROCK MINING ROYALTY REVIEW COMMIS-
SION.—
(1) ESTABLISHMENT.—There is established the
Hardrock Mining Royalty Review Commission (re-
ferred to in this section as the ‘‘Commission’’).
(2) MEMBERSHIP.—The Commission shall be
comprised of 9 members appointed by the Secretary
who have experience in the economics of the hardrock
mining industry.
(3) CHAIRPERSON.—The Secretary shall des-
ignate 1 member to serve as a Chairperson of the
Commission.
(4) COMPENSATION.—Members of the Commis-
sion shall serve without compensation but shall be re-
imbursed for travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes
or regular places of business in the performance of
services for the Commission.
(5) DUTIES OF COMMISSION.—Not later than 18
months after the date of enactment of this section, the
Commission shall review the effect of the royalty pro-
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visions under this section on the domestic hardrock
mining industry and present its findings and rec-
ommendations to the Secretary and to the Committee
on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives. In conducting its review, the Com-
mission shall—
(A) consider the economic effect of different
royalty rates on the domestic hardrock mining
industry, employment, local and regional eco-
nomics, the balance of trade, national security,
and strategic supplies;
(B) determine whether there are sufficient
differences between various minerals or means of
production to support different royalty rates for
specific minerals or means of production;
(C) estimate the long-term effect of different
royalty rates on competition within the industry
and between domestic and foreign production;
and
(D) consider the multiplier effect of different
royalty rates.
(6) POWERS OF THE COMMISSION.—The Com-
mission may—
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(A) hold such hearings, sit and act at such
times and places, take such testimony, and re-
ceive such evidence as the Commission considers
advisable;
(B) use the United States mails in the same
manner and under the same conditions as other
departments and agencies of the Federal Govern-
ment;
(C) enter into contracts or agreements for
studies and surveys with public and private or-
ganizations and transfer funds to Federal agen-
cies to carry out such functions of the Commis-
sion as the Commission determines to be nec-
essary; and
(D) incur such necessary expenses and exer-
cise such other powers as are consistent with,
and reasonably required to perform, the func-
tions of the Commission under this section.
(7) SUPPORT.—The Secretary shall provide such
office space, furnishings, and equipment as may be
required to enable the Commission to carry out this
section. The Secretary shall also furnish the Commis-
sion with such staff, including clerical support, as the
Commission may require.
(8) OTHER FEDERAL AGENCIES.—
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(A) IN
GENERAL.—Upon request of the
Commission, the Secretary may request the head
of any Federal department or agency—
(i) to assist the Commission in carry-
ing out this section; and
(ii) to provide such information as the
Commission requires.
(B) DETAIL
OF
GOVERNMENT
EMPLOY-
EES.—Any Federal Government employee may
be detailed to the Commission. The detail shall
be without interruption or loss of privilege, se-
niority, pay, or other employee status. The Com-
mission shall reimburse the cooperating Federal
agency for the detail of an employee.
(9) FINANCIAL
AND
ADMINISTRATIVE
SERV-
ICES.—The Secretary of the Interior shall provide fi-
nancial and administrative services (including those
related to budgeting, accounting, financial reporting,
personnel, and procurement) to the Commission.
(10) APPROPRIATIONS.—There are authorized to
be appropriated such sums as are necessary to carry
out this section.
SEC. 6. LIMITATIONS ON PATENTS.
(a) IN GENERAL.—After the date of enactment of this
Act, a patent issued by the United States for any claim
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shall be subject to the requirements of subsection (b) unless
the Secretary determines that—
(1) a mineral survey application has been filed
with the Secretary or patent application was filed
with the Secretary within six months of date of enact-
ment of this Act; and
(2) the claimant has made a discovery of valu-
able minerals and has met or can meet all require-
ments applicable to vein, lode, or placer claims and
all requirements applicable to mill site claims, as ap-
propriate.
(b) LIMITATIONS ON PATENTED ESTATE.—A patent
issued by the United States after the date of enactment of
this Act shall be issued only—
(1) upon payment by the claimant of the fair
market value for the interest in the land owned by the
United States exclusive of and without regard to the
mineral deposits in the land; and
(2) upon reservation by the United States of a
royalty as provided in section 5.
SEC. 7. PLANS OF OPERATION AND RECLAMATION RE-
QUIREMENTS.
(a) IN GENERAL.—Except as otherwise provided in
this subsection, no person may engage in mineral activities
on Federal land that cause more than a minimal disturb-
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ance of surface resources (as defined in subsection (b)) un-
less the person has filed a plan of operations with, and re-
ceived approval of the plan from, the Secretary.
(b) 
MINIMAL
DISTURBANCE
OF
SURFACE
RE-
SOURCES.—As used in this section, ‘‘minimal disturbance
of surface resources’’ means minor, short-term alteration of
surface resources. The Secretary may establish categories of
activities that do not constitute minimal disturbance of sur-
face resources.
(c) ENVIRONMENTAL, LAND USE, AND RECLAMATION
REQUIREMENTS.—All operations conducted under a plan
of operations referred to in subsection (a) shall be conducted
in accordance with all applicable Federal and State envi-
ronmental laws, including—
(1) the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.);
(2) the Clean Air Act (42 U.S.C. 7401 et seq.);
(3) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(4) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(5) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
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(6) the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.);
(7) the Federal Water Pollution Control Act
(commonly referred to as the ‘‘Clean Water Act’’) (33
U.S.C. 1251 et seq.);
(8) the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et
seq.);
(9) the Migratory Bird Treaty Act (16 U.S.C.
703 et seq.);
(10) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(11) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(12) title XIV of the Public Health Service Act
(commonly referred to as the ‘‘Safe Drinking Water
Act’’) (42 U.S.C. 300f et seq.);
(13) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(14) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.); and
(15) the Uranium Mill Tailings Radiation Con-
trol Act of 1978 (42 U.S.C. 7901 et seq.).
(c) INSPECTION AND ENFORCEMENT.—
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been given an opportunity for a hearing on the
record before the Secretary.
(d) RECLAMATION OF LAND PATENTED AFTER ENACT-
MENT.—
(1) APPLICABLE LAW.—Land patented after the
date of enactment of this Act shall be subject to the
mining reclamation laws of the State in which the
land is located.
(2) ABSENCE OF APPLICABLE STATE LAW.—In
the absence of applicable State mining reclamation
laws, land patented after the date of enactment of this
Act shall be subject to the Federal mining reclamation
laws that would have applied had the land remained
in Federal ownership.
(3) RECITATION.—Each patent issued after the
date of enactment of this Act shall recite that as a
condition of the patent, the land patented shall be
subject to the requirements of this subsection.
(4) RECLAMATION.—Public lands disturbed by
operations approved by the Secretary shall be re-
claimed as required by applicable Federal and State
laws concerning mined land reclamation.
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SEC. 8. FINANCIAL ASSURANCES.
(a) FINANCIAL ASSURANCES REQUIRED.—Prior to the
commencement of any operations on a claim that requires
a plan of operation, a claimant shall—
(1) furnish evidence of a bond, surety, or other
financial guarantee in an amount determined by the
Secretary that is not less than the estimated cost to
complete reclamation of the land disturbed by oper-
ations as required by this Act and other applicable
mining laws; or
(2) provide evidence satisfactory to the Secretary
that the area to be affected is covered by a bonding
pool that will provide for reclamation of the land dis-
turbed by operations as required by this Act and
other applicable mining laws.
(b) REVIEW.—Not later than 5 years after an assur-
ance is provided under subsection (a), and at least each
5 years thereafter, the Secretary shall, after consultation
with representatives of the affected States, review the finan-
cial assurances.
(c) PHASED GUARANTEES.—The Secretary may adjust
the amount of the financial guarantee provided under sub-
section (a) upon a determination by the Secretary that a
portion of reclamation is completed as required by this Act
and other applicable mining laws.
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(d) RELEASE.—Prior to any reduction in, or final re-
lease of, a bond or other financial guarantee, the Secretary
shall provide for public notice and comment.
SEC. 9. OCCUPANCY AND RESIDENCY OF CLAIMS.
(a) PROHIBITION.—Subject to the other provisions of
this section and valid existing rights, full- or part-time resi-
dential occupancy of a mining claim, including the con-
struction, presence, or maintenance of a temporary or per-
manent structure that may be used for residential occu-
pancy purposes, shall be prohibited.
(b) TRANSITORY OCCUPANCY.—Residential occupancy
of a claim for purposes reasonably incident to prospecting,
mining, or processing that does not involve surface disturb-
ance extending beyond the period of occupancy shall be per-
mitted for a duration of no more than 14 days upon notice
to the Secretary.
(c) TEMPORARY OCCUPANCY.—The Secretary may ap-
prove residential occupancy of a claim for a period in excess
of 14 days as part of a plan of operations required under
applicable law, if the Secretary determines that the occu-
pancy is reasonably required to accomplish such plan. Oc-
cupancy under this subsection shall of no greater duration
or extent than is necessary to accomplish the prospecting,
mining, or processing incident to the plan.
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SEC. 10. MINERAL MATERIALS.
(a) DETERMINATIONS.—Section 3 of the Surface Re-
sources Act of 1955 (30 U.S.C. 611) is amended—
(1) by striking ‘‘SEC. 3. No deposit’’ and insert-
ing the following:
‘‘SEC. 3 MINERAL MATERIALS.
‘‘(a) VARIETIES OF MINERALS NOT DEEMED VALU-
ABLE MINERAL DEPOSITS.—No deposit’’;
(2) in the first sentence, by striking ‘‘or cinders’’
and inserting ‘‘cinders, or clay’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) DISPOSAL.—
‘‘(1) IN
GENERAL.—Subject to valid existing
rights (as defined in paragraph (2)), after the date of
enactment of this section, deposits of minerals referred
to in subsection (a) (except deposits of bentonite and
gypsum) shall be subject to disposal under the terms
and conditions of the Materials Act of 1947 (30
U.S.C. 601 et seq.).
‘‘(2) VALID
EXISTING
RIGHTS
DEFINED.—As
used in paragraph (1), the term ‘valid existing rights’
means a mining claim located for a mineral material
that—
‘‘(A) has some property that gives the claim
distinct and special value as described in sub-
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section (a), including so-called ‘block pumice’ as
described in subsection (a);
‘‘(B) was properly located and maintained
under the general mining laws on the date of en-
actment of this subsection;
‘‘(C) was supported by a discovery of a val-
uable mineral deposit within the meaning of the
general mining law on the date of enactment of
this subsection; and
‘‘(D) continues to be valid.’’.
(b) MINERAL MATERIALS SUBJECT TO RIGHT OF THE
UNITED STATES FOR DISPOSAL AND SEVERANCE.—Sub-
sections (b) and (c) of section 4 of the Surface Resources
Act of 1955 (30 U.S.C. 612) is amended by inserting ‘‘and
mineral material’’ after ‘‘vegetative’’ both places it appears
.
(c) CONFORMING AMENDMENT.—The first sentence of
section 1 of the Materials Act of 1947 (30 U.S.C. 601) is
amended by striking ‘‘common varieties of’’.
SEC. 11. RECEIPTS.
Two-thirds of the receipts from location and mainte-
nance fees required by section 4, royalties required by sec-
tion 5, and payments required by section 6 shall be paid
into the Treasury of the United States and deposited as
miscellaneous receipts. One-third of the receipts from any
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claim, patent, or millsite shall be paid by the Secretary of
the Treasury to the treasury of the State in which such
claim, patent, or millsite is located.
SEC. 12. ABANDONED HARDROCK MINE RECLAMATION PRO-
GRAM.
(a) ESTABLISHMENT.—There is established a program
to be known as the Abandoned Hardrock Mine Reclamation
Program (referred to in this section as the ‘‘Program’’). The
Program shall be administered by the Secretary of the Inte-
rior acting through the Director of the Bureau of Land
Management.
(b) DESCRIPTION OF PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized to
make grants to eligible States (as defined in sub-
section (e)) for the reclamation and restoration of
land and water resources adversely affected by past
hardrock mining (other than coal and fluid known
minerals). The grants may be used for—
(A) the reclamation and restoration of
abandoned surface mined areas;
(B) the reclamation and restoration of
abandoned milling and processing areas;
(C) the sealing, filling, and grading of
abandoned deep mine entries;
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(D) the planting of land adversely affected
by past mining to prevent erosion and sedi-
mentation;
(E) the prevention, abatement, treatment,
and control of water pollution created by aban-
doned mine drainage;
(F) the control of surface subsidence due to
abandoned deep mines; and
(G) such other projects as may be necessary
to accomplish this Act.
(2) PRIORITIES.—Expenditure of grant funds by
the Secretary shall reflect the following priorities in
the order stated:
(A) The protection of public health, safety,
and general welfare from the adverse effects of
past hardrock mining practices.
(B) The restoration of land and water re-
sources previously degraded by the adverse effects
of past minerals and mineral materials mining
practices.
(c) ELIGIBLE AREAS.—
(1) ELIGIBILITY IN GENERAL.—Subject to para-
graph (2), land and water eligible for reclamation ex-
penditures under this section shall be those—
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(A) that were mined or processed for min-
erals and mineral materials or abandoned or left
in an inadequate reclamation status prior to the
date of enactment of this section;
(B) for which the Secretary (or State)
makes a determination that there is no continu-
ing reclamation responsibility under Federal or
State laws; and
(C) for which it can be established that the
land does not contain minerals that could eco-
nomically be extracted through the reprocessing
or remining, unless the consideration is in con-
flict with the priorities set forth under subpara-
graphs (A) and (B) of subsection (b)(2).
(2) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—
Areas designated for remedial action pursuant to the
Uranium Mill Tailing Radiation Control Act of 1978
(42 U.S.C. 7901 et seq.) or that have been listed for
remedial action pursuant to the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.) shall not be eligi-
ble for expenditure under this section.
(d) ALLOCATION AND EXPENDITURES.—
(1) ALLOCATIONS.—
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(A) IN GENERAL.—Funds available for ex-
penditure by the Secretary shall be allocated on
an annual basis in the form of grants to eligible
States, or in the form of expenditures under sub-
section (d)(2), to carry out this Act.
(B) DISTRIBUTION.—The Secretary shall
distribute the funds equitably to eligible States,
giving due consideration to the priorities stated
in subsection (b)(2).
(2) DIRECT FEDERAL EXPENDITURES.—The Sec-
retary makes grants to States not eligible under sub-
section (e) based on the greatest need for the funds
pursuant to the priorities stated in subsection (b)(2).
(e) STATE RECLAMATION PROGRAMS.—
(1) ELIGIBLE STATES.—For the purpose of sub-
section (d), the term ‘‘eligible States’’ are States that
the Secretary determines meets each of the following
requirements:
(A) Within the State there are mined lands,
waters, and facilities eligible for reclamation
under subsection (c).
(B) The State has developed an inventory of
affected areas following the priorities established
under subsection (b)(2).
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(C) The State has established, and the Sec-
retary has approved, a State abandoned min-
erals and mineral materials mine reclamation
program for the purpose of receiving and
administering grants under this section.
(2) MONITORING.—The Secretary shall monitor
the expenditure of State grants to ensure that the
grants are being utilized to carry out this Act.
(3) STATE PROGRAMS.—The Secretary shall ap-
prove any State abandoned minerals mine reclama-
tion program submitted to the Secretary by a State
under this section if the Secretary finds that the State
has the means and necessary State legislation to im-
plement the program and that the program complies
with this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN
GENERAL.—Subject to paragraph (2),
there are authorized to be appropriated such sums as
are necessary to carry out this section.
(2) LIMITATION.—The amount annually author-
ized to be appropriated under this subsection shall not
exceed the sums paid into the Treasury of the United
States, and deposited as miscellaneous receipts, pur-
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suant to section 11 for the fiscal year preceding the
authorization.
Attest:
Secretary.
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