[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 395 Introduced in House (IH)]







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. 
Gutierrez, 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 Representatives 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 person 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 section 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 Secretary 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 established 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 Secretary 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 determined by 
the Secretary of the Treasury, 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 Secretary 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 control of water 
        pollution created by abandoned mine drainage.
            (6) Control of surface subsidence due to abandoned deep 
        mines.
            (7) Such expenses as may be necessary to accomplish 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 subject 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 determination that 
        there is no continuing reclamation responsibility under State 
        or Federal laws; and
            (C) for which it can be established that such lands do not 
        contain minerals which could economically be extracted through 
        the reprocessing or remining 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 Comprehensive 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 process or in 
                providing a service.
            (2) The term ``net proceeds'' means gross proceeds less the 
        sum of the following deductions:
                    (A) The actual cost of extracting the mineral.
                    (B) The actual cost of transporting the mineral to 
                the place or places of reduction, refining and sale.
                    (C) The actual cost of reduction, refining and 
                sale.
                    (D) The actual cost of marketing and delivering the 
                mineral and the conversion of the mineral into money.
                    (E) The actual cost of maintenance and repairs of 
                the following:
                            (i) All machinery, equipment, apparatus and 
                        facilities used in the mine.
                            (ii) All milling, refining, smelting and 
                        reduction works, plants and facilities.
                            (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 subparagraph (E).
                    (H) All money expended for premiums for industrial 
                insurance, and the actual cost of hospital and medical 
                attention and accident benefits 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 governments.
            (3) The term ``hardrock mineral'' 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 pursuant to sections 2325 and 2326 
        of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
        claims and sections 2329, 2330, 2331, and 2333 of the Revised 
        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.
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