I
106TH CONGRESS
1ST SESSION
H. R. 395
To provide for the reclamation of abandoned hardrock mines, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
Mr. GEORGE MILLER of California (for himself, Mr. RAHALL, Mr. GUTIER-
REZ, Mr. LAFALCE, and Mr. DEFAZIO) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To provide for the reclamation of abandoned hardrock mines,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Abandoned Hardrock
Mines Reclamation Act of 1999’’.
SEC. 2. RECLAMATION FEE.
(a) RESERVATION OF RECLAMATION FEE.—Any per-
son producing hardrock minerals from a mine that was
within a mining claim that has subsequently been patented
under the general mining laws shall pay a reclamation fee
to the Secretary 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
production 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 on 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
the Abandoned Minerals Mine Reclamation Fund estab-
lished under this Act.
(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.