(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—
(i) all machinery, equipment, appa-
ratus and facilities used in the mine;
(ii) all milling, refining, smelting and
reduction works, plants and facilities; and
(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 minerals’’ 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).
(C) The Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 and following).
(D) The Mineral Leasing for Acquired
Lands Act (30 U.S.C. 351 and following).
(4) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) The term ‘‘patented mining claim’’ means
an interest in land which has been obtained pursu-
ant to sections 2325 and 2326 of the Revised Stat-
utes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Re-
vised Statutes (30 U.S.C. 35, 36, and 37) for placer
claims, or section 2337 of the Revised Statutes (30
U.S.C. 42) for mill site claims.
(6) The term ‘‘general mining laws’’ means
those Acts which generally comprise chapters 2,
12A, and 16, and sections 161 and 162 of title 30
of the United States Code.
SEC. 102. SOURCE OF REVENUES FOR ABANDONED MINE
CLEANUP.
(a) RECLAMATION
FEE.—Any person producing
hardrock minerals from a mine within an unpatented min-
ing claim or a mine on land that was patented under the
general mining laws shall pay a reclamation fee to the Sec-
retary under this section. The amount of such fee shall
be equal to a percentage of the net proceeds from such
mine. The percentage shall be based upon the ratio of the
net proceeds to the gross proceeds related to such produc-
tion in accordance with the following table:
Net proceeds as percentage
Rate of fee as percentage
of gross proceeds
of net proceeds
Less than 10 ................................................................................
2.00
10 or more but less than 18 ........................................................
2.50
18 or more but less than 26 ........................................................
3.00
26 or more but less than 34 ........................................................
3.50
34 or more but less than 42 ........................................................
4.00
42 or more but less than 50 ........................................................
4.50
50 or more ...................................................................................
5.00
(b) EXEMPTION.—Gross proceeds of less than
$500,000 from minerals produced in any calendar year
shall be exempt from the reclamation fee under this sec-
tion for that year if such proceeds are from one or more
mines located in a single patented claim or on two or more
contiguous patented claims.
(c) PAYMENT.—The amount of all fees payable under
this section for any calendar year shall be paid to the Sec-
retary within 60 days after the end of such year.
(d) DISBURSEMENT
OF REVENUES.—The receipts
from the fee collected under this section shall be paid into
an Abandoned Minerals Mine Reclamation Fund.
(e) EFFECTIVE DATE.—This section shall take effect
with respect to hardrock minerals produced in calendar
years after December 31, 2001.
SEC. 103. ABANDONED MINERALS MINE RECLAMATION
FUND.
(a) ESTABLISHMENT.—(1) There is established in
the Treasury of the United States an interest-bearing fund
to be known as the Abandoned Minerals Mine Reclamation
Fund (hereafter 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 the
Secretary’s judgment, required to meet current with-
drawals. The Secretary of the Treasury shall invest such
portion of the Fund in public debt securities with matu-
rities suitable for the needs of such Fund and bearing in-
terest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on
outstanding marketplace obligations of the United States
of comparable maturities. The income on such investments
shall be credited 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
affecting eligible areas, 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.—Reclamation expenditures
under this section shall be made only in States that are
eligible under subsection (f), and shall be used only for
reclamation of lands and waters—
(1) that were but are no longer actively mined
for hardrock minerals (and not in temporary shut-
down) as of the date of enactment of this Act;
(2) that are not included on the National Prior-
ities List under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and for which there is no
identifiable owner or operator for the mine or mine
facilities; and
(3) for which it can be established that such
lands do not contain minerals which could economi-
cally be extracted through the mining, reprocessing
or remining of such lands.
(d) INELIGIBLE AREAS.—Sites and areas designated
for remedial action pursuant to the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 and fol-
lowing) or which have been listed for remedial action pur-
suant to the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601
and following) or are the subject of a planned or ongoing
response or natural resources damages action under that
Act, shall not be eligible for expenditures from the Fund
under this section.
(e) PRIORITIES.—(1) Expenditures from the fund
shall reflect the following priorities, in the order stated
except as provided in paragraph (2).
(A) EXTREME DANGER.—Protection of public
health, safety, general welfare, and property from
extreme danger of adverse effects of past mineral ac-
tivity.
(B) ADVERSE EFFECTS.—Protection of public
health, safety, general welfare, and property from
the adverse effects of past mineral activity.
(C) DEGRADATION.—The restoration of water,
lands and fish and wildlife resources degraded by the
adverse effects of past mineral activity.
(2) When it is feasible and appropriate, a combina-
tion of priorities stated in paragraph (1) should be under-
taken to achieve more cost-effective full-site or full-drain-
age restoration.
(f) ELIGIBLE STATES.—Except as provided under
subsection (h), expenditures under this section shall be
made only for reclamation of lands and water within
States that—
(1) include lands subject to the general mining
laws; and
(2) have completed a statewide inventory of
abandoned hardrock sites within the State eligible to
receive funding under this Act.
(g) ELIGIBLE REMEDIATING PARTIES.—The Sec-
retary may authorize expenditures from the fund for reme-
diation activities conducted by an agency of the United
States or by remediating parties who are permittees under
the abandoned or inactive mine land waste remediation
permit program as provided for in section 402(q) of the
Federal Water Pollution Control Act (33 U.S.C. 1342).
(h) INVENTORY FUNDING.—States that include lands
subject to the general mining laws but that have not com-
pleted a statewide inventory as described in subsection
(f)(2) may receive grants not exceeding $2,000,000 annu-
ally to assist in the completion of such inventory.
TITLE 
II—GOOD 
SAMARITAN
PERMITS 
FOR 
ABANDONED
HARDROCK MINE CLEANUPS
SEC. 201. ABANDONED OR INACTIVE MINED LAND WASTE
REMEDIATION PERMITS.
Section 402 of the Federal Water Pollution Control
Act (33 U.S.C. 1342) is amended by adding at the end
the following:
‘‘(q) ABANDONED OR INACTIVE MINED LAND WASTE
REMEDIATION PERMITS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) IDENTIFIABLE
OWNER
OR
OPER-
ATOR.—The term ‘identifiable owner or oper-
ator’ means a person or entity—
‘‘(i) that is the current owner or oper-
ator or that is or was responsible for the
activities at abandoned or inactive mined
land that created conditions that cause or
contribute to the discharge of pollutants
from the abandoned or inactive mined
land; and
‘‘(ii) that is financially capable of
compliance with requirements of sections
301, 302, and 402.
‘‘(B) PERMIT.—The term ‘permit’ means
an abandoned or inactive mined land waste re-
mediation permit described under paragraph
(2).
‘‘(C) REMEDIATING PARTY.—The term ‘re-
mediating party’ means—
‘‘(i) the United States, except with re-
spect to abandoned or inactive mined land
located on Federal land;
‘‘(ii) a State or political subdivision
thereof; or
‘‘(iii) an Indian tribe.
‘‘(2) PERMITS.—
‘‘(A) IN
GENERAL.—The Administrator,
with the concurrence of the applicable State or
Indian tribe, may issue an abandoned or inac-
tive mined land waste remediation permit to a
remediating party for discharges associated
with remediation activity at any eligible area
under this subsection, that modifies the other-
wise applicable requirements of any other sub-
section of this section and of sections 301 and
302.
‘‘(B) DELEGATION.—The Administrator
shall not delegate the authority under subpara-
graph (A).
‘‘(3) PERMIT PROCESS.—
‘‘(A) SCOPE.—(i) Except as provided in
clause (ii), a remediating party may apply for
a permit for remediation activities at abandoned
or inactive mined land from which there is or
may be a discharge of pollutants to waters of
the United States.
‘‘(ii) A remediating party may not apply
for a permit under clause (i) if the abandoned
or inactive mined land is owned by the remedi-
ating party, unless the land was purchased by
the remediating party for the express purpose
of remediating pollutant discharges related to
past mining activities at the land to improve
water quality.
‘‘(B) REMEDIATION PLAN.—A remediating
party that seeks a permit shall submit an appli-
cation for the permit that includes a remedi-
ation plan that—
‘‘(i) identifies the remediating party
and any persons cooperating with the re-
mediating party with respect to the plan;
‘‘(ii) identifies the abandoned or inac-
tive mined land addressed by the plan, in-
cluding a verification that the land is eligi-
ble under this Act;
‘‘(iii) identifies the waters of the
United States affected by past mining ac-
tivities at the abandoned or inactive mined
land;
‘‘(iv) describes the baseline condition
of the waters (including the nature and ex-
tent of any adverse water quality impact
and, as applicable, the levels of any pollut-
ant causing the impact);
‘‘(v) describes the physical conditions
at the abandoned or inactive mined land
that are causing adverse water quality im-
pacts;
‘‘(vi) describes the applicant’s reason-
able efforts to identify—
‘‘(I) current owners, lessees, and
claimants of the abandoned or inactive
mined land addressed by the plan;
and
‘‘(II) other persons, including
mine operators, if any, whose activi-
ties at the abandoned or inactive
mined land after October 18, 1972,
created conditions that cause or con-
tribute to the discharge of pollutants
from the abandoned or inactive mined
land;
‘‘(vii) describes the remediation goals
and objectives, including the pollutant or
pollutants to be addressed by the plan, in-
cluding actions taken to meet the applica-
ble water quality standards to the max-
imum extent practicable, but in no cir-
cumstances below baseline water condition
as 
described 
pursuant 
to 
section
4(q)(3)(B)(iv);
‘‘(viii) describes the practices, includ-
ing a schedule and estimated completion
date for implementing the practices, that
are proposed to meet the applicable water
quality standards to the maximum extent
practicable, but in no circumstances below
baseline water quality as determined under
section 4(q)(3)(B)(iv), including—
‘‘(I) in the case of a new remedi-
ation project, the preliminary system
design and construction, operation,
and maintenance plans; and
‘‘(II) in the case of an existing
remediation project, available system
design and construction, operation,
and maintenance plans and any
planned improvements to the projects;
‘‘(ix) explains how the practices de-
scribed in clause (viii) are expected to re-
sult in the attainment of applicable water
quality standards to the maximum extent
practicable, but in no circumstances below
baseline water quality as determined under
section 4(q)(3)(B)(iv);
‘‘(x) describes the monitoring or other
forms of assessment that will be under-
taken to evaluate the success of the prac-
tices during and after implementation, rel-
ative to baseline conditions;
‘‘(xi) describes contingency plans, in-
cluding the practices to be implemented to
achieve the remediation goals and objec-
tives described in clause (vii), for respond-
ing to unplanned adverse events;
‘‘(xii) provides a schedule for periodic
reporting on progress in implementing the
plan;
‘‘(xiii) provides a budget for the plan
and identifies the funding sources that will
support the implementation of the plan, in-
cluding practices described in clauses (viii),
(x), and (xi);
‘‘(xiv) describes the applicant’s legal
authority to enter and conduct activities at
the abandoned or inactive mined land ad-
dressed by the plan;
‘‘(xv) contains any other additional in-
formation requested by the Administrator
to clarify the plan and the activities cov-
ered by the plan; and
‘‘(xvi) is signed by the applicant.
‘‘(C) REVIEW OF APPLICATION.—(i) The
Administrator shall—
‘‘(I) review each application for an
abandoned or inactive mined land waste re-
mediation permit;
‘‘(II) provide to the public notice of
and reasonable opportunity to comment on
the application;
‘‘(III) provide to the public an oppor-
tunity for a public hearing on the applica-
tion; and
‘‘(IV) determine whether the applica-
tion meets the requirements of subpara-
graph (B).
‘‘(ii) If the Administrator determines that
an application does not meet the requirements
of subparagraph (B), the Administrator shall—
‘‘(I) notify the applicant that the ap-
plication is disapproved and explain the
reasons for the disapproval; and
‘‘(II) allow the applicant to submit a
revised application.
‘‘(iii) If the Administrator determines that
an application meets the requirements of sub-
paragraph (B), the Administrator shall notify
the applicant that the application is accepted.
‘‘(D) ISSUANCE.—(i) After notice and op-
portunity for public comment on a permit pro-
posed to be issued, including any additional re-
quirements that the Administrator determines
would facilitate implementation of this sub-
section, the Administrator may issue an aban-
doned or inactive mined land waste remediation
permit to the applicant if the Administrator de-
termines that—
‘‘(I) relative to the resources available
to the remediating party for the proposed
remediation activity, the remediating party
has made a reasonable effort to identify
persons under subparagraph (B)(vi);
‘‘(II) no identifiable owner or operator
exists; and
‘‘(III) the remediation plan dem-
onstrates with reasonable certainty that
the implementation of the plan will meet
applicable water quality standards to the
maximum extent practicable, but in no cir-
cumstances below baseline water condition
as 
described 
pursuant 
to 
section
4(q)(3)(B)(iv), taking into consideration
the resources available to the remediating
party for the proposed remediation activ-
ity.
‘‘(ii) If the Administrator decides not to
issue an abandoned or inactive mined land
waste remediation permit to the applicant, the
Administrator shall notify the applicant of the
reasons for not issuing the permit.
‘‘(E) MODIFICATION.—(i) Not later than
120 days after the receipt of a written request
by a permittee, the Administrator shall approve
or disapprove a modification of a permit.
‘‘(ii) A permit modification approved by
the Administrator under this subsection shall
be—
‘‘(I) by agreement of the permittee
and the Administrator;
‘‘(II) with the concurrence of any ap-
plicable State or Indian tribe;
‘‘(III) after providing the public notice
of, and opportunity for comment and a
hearing on, a proposed modification of a
permit;
‘‘(IV) in accordance with the stand-
ards in subparagraph (D)(i)(III); and
‘‘(V) immediately reflected in and ap-
plicable to the remediation permit.
‘‘(4) CONTENTS OF PERMIT.—
‘‘(A) IN GENERAL.—A permit—
‘‘(i) shall include a remediation plan
approved by the Administrator and any ad-
ditional requirements that the Adminis-
trator establishes under paragraph (9);
and
‘‘(ii) shall provide for compliance with
and implementation of the remediation
plan and any other requirements described
under clause (i).
‘‘(B) REVIEW.—A permit shall establish a
schedule for review, by the Administrator, of
compliance with the conditions and limitations
of the permit. The Administration shall inspect
each site subject to a remediation permit at
least annually.
‘‘(C) COMPLIANCE
WITH
OTHER
LIMITA-
TIONS.—A permit shall require the remediating
party to comply with any other subsection of
this section and with sections 301 or 302 to the
maximum extent practicable.
‘‘(D) COMMERCIAL USE OR SALE.—A per-
mit shall not authorize any discharge associated
with the extraction, processing, beneficiation, or
removal of minerals for purposes of commercial
use or sale.
‘‘(5) FAILURE TO COMPLY.—Failure of a reme-
diating party operating under an approved permit to
comply with any condition or limit of the permit re-
lated to water quality shall be considered a violation
of an effluent standard or limitation for the pur-
poses of sections 309 and 505 of this Act.
‘‘(6) TERMINATION.—
‘‘(A) IN
GENERAL.—The Administrator
shall terminate a permit if—
‘‘(i) the remediating party successfully
completes the implementation of the reme-
diation plan; or
‘‘(ii) the discharges covered by the
permit—
‘‘(I) become subject to a permit
issued under the other subsections of
this section for development that is
not part of the implementation of the
remediation plan; and
‘‘(II) the remediating party seek-
ing termination of coverage is not a
participant in the development.
‘‘(B) UNFORESEEN CONDITION.—The Ad-
ministrator shall terminate a permit if—
‘‘(i) an event or condition is encoun-
tered that could not have been con-
templated or designed for by the remedi-
ation plan and is beyond the control of the
remediating party; and
‘‘(ii) the Administrator determines
that remediation activities under the per-
mit have not resulted in surface water
quality conditions due to remediation ac-
tivities at the site, taken as a whole and
with reference to the designated uses of
the waters, that are below the baseline
water condition as described pursuant to
section 4(q)(3)(B)(iv).
‘‘(C) NO ENFORCEMENT LIABILITY.—If a
permit is terminated under subparagraph (A),
the remediating party shall not be subject to
enforcement under section 309 or 505 for any
remaining discharges from the abandoned or in-
active mined land described in the permit.
‘‘(7) LIMITATIONS.—
‘‘(A) EMERGENCY
POWERS.—Nothing in
this subsection limits the authority of the Ad-
ministrator under section 504.
‘‘(B) PRIOR VIOLATIONS.—(i) Nothing in
this subsection precludes actions under section
309 or 505 or affects the relief available in ac-
tions under those sections, with respect to viola-
tions of this section, or sections 301(a) or 302,
that occurred prior to the issuance of a permit
under this subsection.
‘‘(ii) If a permit covers remediation activi-
ties implemented by the permit holder prior to
the issuance of the permit, clause (i) shall not
apply to an action that is based on conditions
resulting from those remediation activities.
‘‘(C) OBLIGATION OF STATES AND INDIAN
TRIBES.—Except as expressly provided, nothing
promulgate regulations establishing generally appli-
cable requirements for—
‘‘(A) remediation plans described in para-
graph (3)(B); and
‘‘(B) as considered to be necessary by the
Administrator, other paragraphs of this sub-
section.
‘‘(10) FUNDING.—Implementation of a remedi-
ation plan under a permit issued under this sub-
section shall be eligible for grants under section
319(h).
‘‘(11) REPORT.—
‘‘(A) IN GENERAL.—Not later than 1 year
before the date of the termination of permitting
authority specified in paragraph (12), the Ad-
ministrator shall submit to Congress a report
on the activities authorized by this subsection.
‘‘(B) CONTENTS.—The report required
under subparagraph (A) shall, at a minimum—
‘‘(i) identify each permit, and associ-
ated remediating party, issued under this
subsection;
‘‘(ii) identify the abandoned or inac-
tive mine land addressed by each permit
(including the waterbodies and baseline
water quality of the waterbodies affected
by the land);
‘‘(iii) summarize the remediation plan
associated with each permit issued under
this subsection, including—
‘‘(I) the goals and objectives of
the plan;
‘‘(II) the plan budget; and
‘‘(III) the practices to be em-
ployed according to the plan to re-
duce, control, mitigate, or eliminate
adverse water quality impacts;
‘‘(iv) identify the status of the imple-
mentation of each remediation plan associ-
ated with each permit issued under this
subsection (including specific progress that
permitted remediation activities have made
toward achieving the goals and objectives
of the remediation plan);
‘‘(v) identify and describe any enforce-
ment action taken by the Administrator or
any civil action brought by a citizen con-
cerning a permit issued under this section
(including the disposition of the legal ac-
tion); and
‘‘(vi) include recommendations by the
Administrator for any modifications to this
subsection, or the regulations promulgated
under paragraph (9) to implement this
subsection, that would facilitate the im-
provement of water quality through the re-
mediation of abandoned or inactive mined
land.
‘‘(12) TERMINATION OF PERMITTING AUTHOR-
ITY.—The authority granted to the Administrator
under this subsection to issue an abandoned or inac-
tive mined land waste remediation permit terminates
on the date that is 10 years after the date of enact-
ment of this subsection.
‘‘(13) ELIGIBLE AREAS.—
‘‘(A) SITES.—Permits under this sub-
section shall be issued only for remediation ac-
tivities at sites that were but no longer are ac-
tively mined for hardrock minerals (and not in
temporary shutdown) as of the date of enact-
ment of this subsection and that are located in
States that include lands subject to the general
mining laws.
‘‘(B) DEFINITIONS.—For purposes of this
paragraph:
‘‘(i) The term ‘hardrock minerals’
means any mineral other than a mineral
that would be subject to any of the fol-
lowing if located on land subject to the
general mining laws:
‘‘(I) The Mineral Leasing Act
(30 U.S.C. 181 and following).
‘‘(II) The Geothermal Steam Act
of 1970 (30 U.S.C. 100 and fol-
lowing).
‘‘(III) The Act of July 31, 1947,
commonly known as the Materials Act
of 1947 (30 U.S.C. 601 and fol-
lowing).
‘‘(IV) The Mineral Leasing Act
for Acquired Lands (30 U.S.C. 351
and following).
‘‘(ii) The term ‘general mining laws’
means those Acts which generally comprise
chapters 2, 12A, and 16 and sections 161
and 162 of title 30, United States Code.’’.
Æ