1.Short title; table of
contents
(a)This Act may be cited as the Abandoned Mine Reclamation Act of 2008
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
Sec. 3. Application rules.
TITLE I—Mineral exploration and development
Sec. 101. Royalty.
Sec. 102. Hardrock mining claim maintenance fee.
Sec. 103. Reclamation fee.
Sec. 104. Effect of payments for use and occupancy of
claims.
TITLE II—Abandoned Mine Cleanup Fund
Sec. 201. Establishment of Fund.
Sec. 202. Contents of Fund.
Sec. 203. Use and objectives of the Fund.
Sec. 204. Eligible lands and waters.
Sec. 205. Expenditures.
Sec. 206. Availability of amounts.
TITLE III—Effective date
Sec. 301. Effective date.
2.Definitions and
references
(a)As used in this Act:
(1)The term
affiliate
means with respect to any person, any of the
following:
(A)Any person who
controls, is controlled by, or is under common control with such person.
(B)Any partner of
such person.
(C)Any person owning
at least 10 percent of the voting shares of such person.
(2)The term
applicant
means any person applying for a permit under this Act
or a modification to or a renewal of a permit under this Act.
(3)The term
beneficiation
means the crushing and grinding of locatable
mineral ore and such processes as are employed to free the mineral from other
constituents, including but not necessarily limited to, physical and chemical
separation techniques.
(4)The term
claim holder
means a person holding a mining claim, millsite
claim, or tunnel site claim located under the general mining laws and
maintained in compliance with such laws and this Act. Such term may include an
agent of a claim holder.
(5)The term
control
means having the ability, directly or indirectly, to
determine (without regard to whether exercised through one or more corporate
structures) the manner in which an entity conducts mineral activities, through
any means, including without limitation, ownership interest, authority to
commit the entity’s real or financial assets, position as a director, officer,
or partner of the entity, or contractual arrangement.
(6)The term
exploration
—
(A)subject to
subparagraphs (B) and (C), means creating surface disturbance other than casual
use, to evaluate the type, extent, quantity, or quality of minerals
present;
(B)includes mineral
activities associated with sampling, drilling, and analyzing locatable mineral
values; and
(C)does not include
extraction of mineral material for commercial use or sale.
(7)The term Federal land
means
any land, and any interest in land, that is owned by the United States and open
to location of mining claims under the general mining laws.
(8)The term
hardrock mineral
has the meaning given the term locatable
mineral
except that legal and beneficial title to the mineral need not
be held by the United States.
(9)The term
Indian lands
means lands held in trust for the benefit of an
Indian tribe or individual or held by an Indian tribe or individual subject to
a restriction by the United States against alienation.
(10)The term
Indian tribe
means any Indian tribe, band, nation, pueblo, or
other organized group or community, including any Alaska Native village or
regional corporation as defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(11)The term
locatable mineral
—
(A)subject to
subparagraph (B), means any mineral, the legal and beneficial title to which
remains in the United States and that is not subject to disposition under any
of—
(i)the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(ii)the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.);
(iii)the Act of July 31, 1947, commonly known as
the Materials Act of 1947 (30 U.S.C. 601 et seq.); or
(iv)the Mineral Leasing for Acquired Lands Act
(30 U.S.C. 351 et seq.); and
(B)does not include
any mineral that is subject to a restriction against alienation imposed by the
United States and is—
(i)held
in trust by the United States for any Indian or Indian tribe, as defined in
section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101);
or
(ii)owned by any
Indian or Indian tribe, as defined in that section.
(12)The term
mineral activities
means any activity on a mining claim,
millsite claim, or tunnel site claim for, related to, or incidental to, mineral
exploration, mining, beneficiation, processing, or reclamation activities for
any locatable mineral.
(13)The term
operator
means any person proposing or authorized by a permit
issued under this Act to conduct 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,
corporation, cooperative, or other organization and any instrumentality of
State or local government including any publicly owned utility or publicly
owned corporation of State or local government.
(15)The term
processing
means processes downstream of beneficiation employed
to prepare locatable mineral ore into the final marketable product, including
but not limited to smelting and electrolytic refining.
(16)The term
Secretary
means the Secretary of the Interior, unless otherwise
specified.
(17)The term
temporary cessation
means a halt in mine-related production
activities for a continuous period of no longer than 5 years.
(b)(1)Any reference in this
Act 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 Act 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.).
3.
(a)This Act applies to
any mining claim, millsite claim, or tunnel site claim located under the
general mining laws, before, on, or after the date of enactment of this Act,
except as provided in subsection (b).
(b)(1)Any
unpatented mining claim or millsite claim located under the general mining laws
before the date of enactment of this Act for which a plan of operation has not
been approved or a notice filed prior to the date of enactment shall, upon the
effective date of this Act, be subject to the requirements of this Act, except
as provided in paragraph (2).
(2)(A)If a plan of operations
is approved for mineral activities on any claim or site referred to in
paragraph (1) prior to the date of enactment of this Act but such operations
have not commenced prior to the date of enactment of this Act—
(i)during the 10-year period beginning on
the date of enactment of this Act, mineral activities at such claim or site
shall be subject to such plan of operations;
(ii)during such 10-year period,
modifications of any such plan may be made in accordance with the provisions of
law applicable prior to the enactment of this Act if such modifications are
deemed minor by the Secretary concerned; and
(iii)the operator shall bring such
mineral activities into compliance with this Act by the end of such 10-year
period.
(B)Where an application for modification
of a plan of operations referred to in subparagraph (A)(ii) has been timely
submitted and an approved plan expires prior to Secretarial action on the
application, mineral activities and reclamation may continue in accordance with
the terms of the expired plan until the Secretary makes an administrative
decision on the application.
(c)Federal Lands
Subject to Existing Permit(1)Any Federal land shall be subject to the
requirements of section 101(a)(2) if the land is—
(A)subject to an operations permit;
and
(B)producing valuable locatable minerals
in commercial quantities prior to the date of enactment of this Act.
(2)Any Federal land added through a plan
modification to an operations permit on Federal land that is submitted after
the date of enactment of this Act shall be subject to the terms of section
101(a)(3).
(d)Application of
Act to beneficiation and processing of non-Federal minerals on Federal
landsThe provisions of this Act shall apply in the same manner
and to the same extent to mining claims, millsite claims, and tunnel site
claims used for beneficiation or processing activities for any mineral without
regard to whether or not the legal and beneficial title to the mineral is held
by the United States. This subsection applies only to minerals that are
locatable minerals or minerals that would be locatable minerals if the legal
and beneficial title to such minerals were held by the United States.
<enum>I</enum><header>Mineral
exploration and development</header>
<section id="HB745634DAFEE45A9A20085E4868F41CE"><enum>101.</enum><header>Royalty</header>
<subsection id="H20742F6625284428BB1C2CD8F1D47342"><enum>(a)</enum><header>Reservation of
royalty</header>
<paragraph id="H57C618A73C004947AF13A4C160A27636"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Except as provided in
paragraph (2) and subject to paragraph (3), production of all locatable
minerals from any mining claim located under the general mining laws and
maintained in compliance with this Act, or mineral concentrates or products
derived from locatable minerals from any such mining claim, as the case may be,
shall be subject to a royalty of 8 percent of the gross income from mining. The
claim holder or any operator to whom the claim holder has assigned the
obligation to make royalty payments under the claim and any person who controls
such claim holder or operator shall be liable for payment of such
royalties.</text>
</paragraph><paragraph display-inline="no-display-inline" id="H6843E8501A5540E69079EC1EEFCB54F9"><enum>(2)</enum><header>Royalty for
Federal lands subject to existing permit</header><text>The royalty under
paragraph (1) shall be 4 percent in the case of any Federal land that—</text>
<subparagraph id="H7F06380A24C0489EBA490069C7B6BE4"><enum>(A)</enum><text>is subject to an
operations permit on the date of the enactment of this Act; and</text>
</subparagraph><subparagraph id="H856B5188BC3B4A6BA02CFFDBA4243301"><enum>(B)</enum><text>produces valuable
locatable minerals in commercial quantities on the date of enactment of this
Act.</text>
</subparagraph></paragraph><paragraph id="HC382A01D86E943368D6217CD1D838F8E"><enum>(3)</enum><header>Federal land
added to existing operations permit</header><text display-inline="yes-display-inline">Any Federal land added through a plan
modification to an operations permit that is submitted after the date of
enactment of this Act shall be subject to the royalty that applies to Federal
land under paragraph (1).</text>
</paragraph><paragraph id="H641322FDC1CF4EE496BE1ECAE4C03D93"><enum>(4)</enum><header>Deposit</header><text>Amounts
received by the United States as royalties under this subsection shall be
deposited into the Abandoned Mine Cleanup Fund established by section
201(a).</text>
</paragraph></subsection><subsection id="H0019CC3DAC9640FAA260DB132C810072"><enum>(b)</enum><header>Duties of claim
holders, operators, and transporters</header><paragraph commented="no" display-inline="yes-display-inline" id="H9C5389F3DD1E4A4E8675B262DB66C336"><enum>(1)</enum><text>A person—</text>
<subparagraph id="HC6D4FBF191BD4E949D9626D5CE60CFFA" indent="up1"><enum>(A)</enum><text>who is required to make any royalty
payment under this section shall make such payments to the United States at
such times and in such manner as the Secretary may by rule prescribe;
and</text>
</subparagraph><subparagraph id="HE1D0AB08B7E84FDCABC9FD5E73B5DD4C" indent="up1"><enum>(B)</enum><text>shall notify the Secretary, in the
time and manner as may be specified by the Secretary, of any assignment that
such person may have made of the obligation to make any royalty or other
payment under a mining claim.</text>
</subparagraph></paragraph><paragraph id="H40F71B4AFFD04D2D8861C29B1C96007" indent="up1"><enum>(2)</enum><text>Any person paying royalties under
this section shall file a written instrument, together with the first royalty
payment, affirming that such person is responsible for making proper payments
for all amounts due for all time periods for which such person has a payment
responsibility. Such responsibility for the periods referred to in the
preceding sentence shall include any and all additional amounts billed by the
Secretary and determined to be due by final agency or judicial action. Any
person liable for royalty payments under this section who assigns any payment
obligation shall remain jointly and severally liable for all royalty payments
due for the claim for the period.</text>
</paragraph><paragraph id="HF08A4A1ECCBD49D194F0F9E500D9B1A9" indent="up1"><enum>(3)</enum><text>A person conducting mineral
activities shall—</text>
<subparagraph id="HD2CC9C0FFC6240A9950800F5C82317EB"><enum>(A)</enum><text>develop and comply with the site
security provisions in the operations permit designed to protect from theft the
locatable minerals, concentrates or products derived therefrom which are
produced or stored on a mining claim, and such provisions shall conform with
such minimum standards as the Secretary may prescribe by rule, taking into
account the variety of circumstances on mining claims; and</text>
</subparagraph><subparagraph id="H42814417C6EF493E8371597874E8B4D7"><enum>(B)</enum><text>not later than the 5th business day
after production begins anywhere on a mining claim, or production resumes after
more than 90 days after production was suspended, notify the Secretary, in the
manner prescribed by the Secretary, of the date on which such production has
begun or resumed.</text>
</subparagraph></paragraph><paragraph id="HC957F61B102A40C8ADAE40D1A16D5CCE" indent="up1"><enum>(4)</enum><text>The Secretary may by rule require any
person engaged in transporting a locatable mineral, concentrate, or product
derived therefrom to carry on his or her person, in his or her vehicle, or in
his or her immediate control, documentation showing, at a minimum, the amount,
origin, and intended destination of the locatable mineral, concentrate, or
product derived therefrom in such circumstances as the Secretary determines is
appropriate.</text>
</paragraph></subsection><subsection id="H40739A39228F49AAA9AD8121ED821389"><enum>(c)</enum><header>Recordkeeping
and reporting requirements</header><text>A claim holder, operator, or other
person directly involved in developing, producing, processing, transporting,
purchasing, or selling locatable minerals, concentrates, or products derived
therefrom, subject to this Act, through the point of royalty computation shall
establish and maintain any records, make any reports, and provide any
information that the Secretary may reasonably require for the purposes of
implementing this section or determining compliance with rules or orders under
this section. Such records shall include, but not be limited to, periodic
reports, records, documents, and other data. Such reports may also include, but
not be limited to, pertinent technical and financial data relating to the
quantity, quality, composition volume, weight, and assay of all minerals
extracted from the mining claim. Upon the request of any officer or employee
duly designated by the Secretary conducting an audit or investigation pursuant
to this section, the appropriate records, reports, or information that may be
required by this section shall be made available for inspection and duplication
by such officer or employee. Failure by a claim holder, operator, or other
person referred to in the first sentence to cooperate with such an audit,
provide data required by the Secretary, or grant access to information may, at
the discretion of the Secretary, result in involuntary forfeiture of the
claim.</text>
</subsection><subsection id="HDF0660C828844487A5F7D139505CE062"><enum>(d)</enum><header>Audits</header><text>The
Secretary is authorized to conduct such audits of all claim holders, operators,
transporters, purchasers, processors, or other persons directly or indirectly
involved in the production or sales of minerals covered by this Act, as the
Secretary deems necessary for the purposes of ensuring compliance with the
requirements of this section. For purposes of performing such audits, the
Secretary shall, at reasonable times and upon request, have access to, and may
copy, all books, papers and other documents that relate to compliance with any
provision of this section by any person.</text>
</subsection><subsection id="H8679FBAE489940A89FC2487F9700D916"><enum>(e)</enum><header>Cooperative
agreements</header><paragraph commented="no" display-inline="yes-display-inline" id="HD1029E5BFDB441229E93649758AE889F"><enum>(1)</enum><text>The Secretary is
authorized to enter into cooperative agreements with the Secretary of
Agriculture to share information concerning the royalty management of locatable
minerals, concentrates, or products derived therefrom, to carry out inspection,
auditing, investigation, or enforcement (not including the collection of
royalties, civil or criminal penalties, or other payments) activities under
this section in cooperation with the Secretary, and to carry out any other
activity described in this section.</text>
</paragraph><paragraph id="HDF1F205505304FCEB5F4D239DC12270" indent="up1"><enum>(2)</enum><text>Except as provided in paragraph (3)
of this subsection (relating to trade secrets), and pursuant to a cooperative
agreement, the Secretary of Agriculture shall, upon request, have access to all
royalty accounting information in the possession of the Secretary respecting
the production, removal, or sale of locatable minerals, concentrates, or
products derived therefrom from claims on lands open to location under this
Act.</text>
</paragraph><paragraph id="H70DBB2814E874E099CB650E577C0D504" indent="up1"><enum>(3)</enum><text>Trade secrets, proprietary, and other
confidential information protected from disclosure under section 552 of title
5, United States Code, popularly known as the Freedom of Information Act, shall
be made available by the Secretary to other Federal agencies as necessary to
assure compliance with this Act and other Federal laws. The Secretary, the
Secretary of Agriculture, the Administrator of the Environmental Protection
Agency, and other Federal officials shall ensure that such information is
provided protection in accordance with the requirements of that section.</text>
</paragraph></subsection><subsection id="HE4BC2CA673E54E398D6C3E03B41902EB"><enum>(f)</enum><header>Interest and
substantial underreporting assessments</header><paragraph commented="no" display-inline="yes-display-inline" id="H480F6D3467DF4CE383CD59A533B22351"><enum>(1)</enum><text>In the case of mining
claims where royalty payments are not received by the Secretary on the date
that such payments are due, the Secretary shall charge interest on such
underpayments at the same interest rate as the rate applicable under section
6621(a)(2) of the Internal Revenue Code of 1986. In the case of an
underpayment, interest shall be computed and charged only on the amount of the
deficiency and not on the total amount.</text>
</paragraph><paragraph id="HE36B3C9F74EF4EDEB63EF3831D9DB6CF" indent="up1"><enum>(2)</enum><text>If there is any underreporting of
royalty owed on production from a claim for any production month by any person
liable for royalty payments under this section, the Secretary shall assess a
penalty of not greater than 25 percent of the amount of that
underreporting.</text>
</paragraph><paragraph id="H4F348CF50BAC4DD0B7008BFBBDF44300" indent="up1"><enum>(3)</enum><text>For the purposes of this subsection,
the term <quote>underreporting</quote> means the difference between the royalty
on the value of the production that should have been reported and the royalty
on the value of the production which was reported, if the value that should
have been reported is greater than the value that was reported.</text>
</paragraph><paragraph id="H2A10011A758842AC96CB0F427D31CD" indent="up1"><enum>(4)</enum><text>The Secretary may waive or reduce the
assessment provided in paragraph (2) of this subsection if the person liable
for royalty payments under this section corrects the underreporting before the
date such person receives notice from the Secretary that an underreporting may
have occurred, or before 90 days after the date of the enactment of this
section, whichever is later.</text>
</paragraph><paragraph id="H8ED1ADDB360F453C970019AFC8C6E2F6" indent="up1"><enum>(5)</enum><text>The Secretary shall waive any portion
of an assessment under paragraph (2) of this subsection attributable to that
portion of the underreporting for which the person responsible for paying the
royalty demonstrates that—</text>
<subparagraph id="HF794B8F035D04CCA9242D5782BDC9284"><enum>(A)</enum><text>such person had written authorization
from the Secretary to report royalty on the value of the production on basis on
which it was reported;</text>
</subparagraph><subparagraph id="H3E255A8611E3407790A17D2D7C4C166D"><enum>(B)</enum><text>such person had substantial authority
for reporting royalty on the value of the production on the basis on which it
was reported;</text>
</subparagraph><subparagraph id="H56F5E28E88374E5C8EA8A312EAF48142"><enum>(C)</enum><text>such person previously had notified
the Secretary, in such manner as the Secretary may by rule prescribe, of
relevant reasons or facts affecting the royalty treatment of specific
production which led to the underreporting; or</text>
</subparagraph><subparagraph id="HC945D87A00AF4C4B8C1CBFAC03F4609"><enum>(D)</enum><text>such person meets any other exception
which the Secretary may, by rule, establish.</text>
</subparagraph></paragraph><paragraph id="H25503AAC6CF14059A27226A72C0192E1" indent="up1"><enum>(6)</enum><text>All penalties collected under this
subsection shall be deposited in the Abandoned Mine Cleanup Fund established by
section 201(a).</text>
</paragraph></subsection><subsection id="HEC49DE2B74D3440F868896ED7072D930"><enum>(g)</enum><header>Delegation</header><text>For
the purposes of this section, the term <quote>Secretary</quote> means the
Secretary of the Interior acting through the Director of the Minerals
Management Service.</text>
</subsection><subsection id="H177A978DF3DD49B590B6586527460C9"><enum>(h)</enum><header>Expanded royalty
obligations</header><text>Each person liable for royalty payments under this
section shall be jointly and severally liable for royalty on all locatable
minerals, concentrates, or products derived therefrom lost or wasted from a
mining claim located under the general mining laws and maintained in compliance
with this Act when such loss or waste is due to negligence on the part of any
person or due to the failure to comply with any rule, regulation, or order
issued under this section.</text>
</subsection><subsection id="HF01F1FBBD88743CA9DE900BFDCD3BF69"><enum>(i)</enum><header>Gross income
from mining defined</header><text>For the purposes of this section, for any
locatable mineral, the term <quote>gross income from mining</quote> has the
same meaning as the term <quote>gross income</quote> in section 613(c) of the
Internal Revenue Code of 1986.</text>
</subsection><subsection id="H2FD175874040453FBF4826199F10BB17"><enum>(j)</enum><header>Effective
date</header><text>The royalty under this section shall take effect with
respect to the production of locatable minerals after the enactment of this
Act, but any royalty payments attributable to production during the first 12
calendar months after the enactment of this Act shall be payable at the
expiration of such 12-month period.</text>
</subsection><subsection id="H4863CC1059C845B19E318D5CEAD8C788"><enum>(k)</enum><header>Failure To
comply with royalty requirements</header><text>Any person who fails to comply
with the requirements of this section or any regulation or order issued to
implement this section shall be liable for a civil penalty under section 109 of
the Federal Oil and Gas Royalty Management Act (<external-xref legal-doc="usc" parsable-cite="usc/30/1719">30 U.S.C. 1719</external-xref>) to the same extent
as if the claim located under the general mining laws and maintained in
compliance with this Act were a lease under that Act.</text>
</subsection></section><section id="HA4517C884F7F44AF9C629152CCCE76A8"><enum>102.</enum><header>Hardrock mining
claim maintenance fee</header>
<subsection id="H4E11C4CB9DB24DF6ACC4E435120092DA"><enum>(a)</enum><header>Fee</header>
<paragraph id="H07064DB07CFB4B9794DD3253C5230411"><enum>(1)</enum><text>Except as provided
in section 2511(e)(2) of the Energy Policy Act of 1992 (relating to oil shale
claims), for each unpatented mining claim, mill or tunnel site on federally
owned lands, whether located before, on, or after enactment of this Act, each
claimant shall pay to the Secretary, on or before August 31 of each year, a
claim maintenance fee of $300 per claim to hold such unpatented mining claim,
mill or tunnel site for the assessment year beginning at noon on the next day,
September 1. Such claim maintenance fee shall be in lieu of the assessment work
requirement contained in the Mining Law of 1872 (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28 et seq.</external-xref>) and the related
filing requirements contained in section 314(a) and (c) of the Federal Land
Policy and Management Act of 1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1744">43 U.S.C. 1744(a)</external-xref>
and (c)).</text>
</paragraph><paragraph id="H4A1CB051CA7F4217938FEFA8322F241D"><enum>(2)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HA7561A9AF4514038A135007FB2AE5416"><enum>(A)</enum><text>The claim maintenance
fee required under this subsection shall be waived for a claimant who certifies
in writing to the Secretary that on the date the payment was due, the claimant
and all related parties—</text>
<clause id="H78727A8FA94A4CC882D970E7E2CD677B" indent="up1"><enum>(i)</enum><text>held not more than 10 mining
claims, mill sites, or tunnel sites, or any combination thereof, on public
lands; and</text>
</clause><clause id="H9B13DEFCA7C047E1B3E8F1AAEDB8787" indent="up1"><enum>(ii)</enum><text>have performed assessment work
required under the Mining Law of 1872 (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28 et seq.</external-xref>) to maintain the
mining claims held by the claimant and such related parties for the assessment
year ending on noon of September 1 of the calendar year in which payment of the
claim maintenance fee was due.</text>
</clause></subparagraph><subparagraph id="H0333C0728D054E0EB94BADFF1EBCAD5B" indent="up1"><enum>(B)</enum><text>For purposes of subparagraph (A), with
respect to any claimant, the term <quote>all related parties</quote>
means—</text>
<clause id="H9AB872232FF04C0E9C1BFE3028AC3100"><enum>(i)</enum><text>the spouse and dependent children
(as defined in section 152 of the Internal Revenue Code of 1986), of the
claimant; or</text>
</clause><clause id="HB473358280974E039643A77FDBD5157"><enum>(ii)</enum><text>a person affiliated with the
claimant, including—</text>
<subclause id="HF2BD27A9F57D4DCAA765DB648F475500"><enum>(I)</enum><text>a person controlled by, controlling, or
under common control with the claimant; or</text>
</subclause><subclause id="HA2950A563A1244D894CA44FFB47022C2"><enum>(II)</enum><text>a subsidiary or parent company or
corporation of the claimant.</text>
</subclause></clause></subparagraph></paragraph><paragraph id="H4A8C0AC66D1546E68D394E4D5334C09F"><enum>(3)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HB10CBFDA92764F339640021013C340E"><enum>(A)</enum><text>The Secretary shall
adjust the fees required by this subsection 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 reasonable.</text>
</subparagraph><subparagraph id="HAFCA705AD2794DBF8CCA27611494FA52" indent="up1"><enum>(B)</enum><text>The Secretary shall provide claimants
notice of any adjustment made under this paragraph not later than July 1 of any
year in which the adjustment is made.</text>
</subparagraph><subparagraph id="H1828BEEFF1CE4F30BEFB00FC2717E727" indent="up1"><enum>(C)</enum><text>A fee adjustment under this paragraph
shall begin to apply the calendar year following the calendar year in which it
is made.</text>
</subparagraph></paragraph><paragraph id="H1338553490B146C0ABDAB93084F5B156"><enum>(4)</enum><text display-inline="yes-display-inline">Moneys received under this subsection that
are not otherwise allocated for the administration of the mining laws by the
Department of the Interior shall be deposited in the Abandoned Mine Cleanup
Fund established by section 201(a).</text>
</paragraph></subsection><subsection id="id1626054A96E240E5AD854A8667F7EB76"><enum>(b)</enum><header>Location</header>
<paragraph id="id32FAD279ADB34575A1AB71B152E1A50B"><enum>(1)</enum><text>Notwithstanding
any provision of law, for every unpatented mining claim, mill or tunnel site
located after the date of enactment of this Act and before September 30, 1998,
the locator shall, at the time the location notice is recorded with the Bureau
of Land Management, pay to the Secretary a location fee, in addition to the fee
required by subsection (a) of $50 per claim.</text>
</paragraph><paragraph id="idD890A3668E1A4C7CA0B8A3C314EED9F0"><enum>(2)</enum><text>Moneys received
under this subsection that are not otherwise allocated for the administration
of the mining laws by the Department of the Interior shall be deposited in the
Abandoned Mine Cleanup Fund established by section 201(a).</text>
</paragraph></subsection><subsection id="H5D6968602CC046798BDEA971C6483DF6"><enum>(c)</enum><header>Transfer</header>
<paragraph id="H495C0A4DCA7C4FA9B198BBEB357227AA"><enum>(1)</enum><text>Notwithstanding
any provision of law, for every unpatented mining claim, mill, or tunnel site
the ownership interest of which is transferred after the date of enactment of
this Act, the transferee shall, at the time the transfer document is recorded
with the Bureau of Land Management, pay to the Secretary a transfer fee, in
addition to the fee required by subsection (a) of $100 per claim.</text>
</paragraph><paragraph id="HA58A13262C8442BCB7A5A11FDF39617"><enum>(2)</enum><text>Moneys received
under this subsection that are not otherwise allocated for the administration
of the mining laws by the Department of the Interior shall be deposited in the
Abandoned Mine Cleanup Fund established by section 201(a).</text>
</paragraph></subsection><subsection id="H183DF79121954912B92D8C005C4345C7"><enum>(d)</enum><header>Co-ownership</header><text>The
co-ownership provisions of the Mining Law of 1872 (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28 et seq.</external-xref>)
will remain in effect except that the annual claim maintenance fee, where
applicable, shall replace applicable assessment requirements and
expenditures.</text>
</subsection><subsection id="H84FB06A83D884D64A9602403DC00BC5D"><enum>(e)</enum><header>Failure To
pay</header><text>Failure to pay the claim maintenance fee as required by
subsection (a) shall conclusively constitute a forfeiture of the unpatented
mining claim, mill or tunnel site by the claimant and the claim shall be deemed
null and void by operation of law.</text>
</subsection><subsection id="HC650D03E448C48AEAF5DAD0945C7E505"><enum>(f)</enum><header>Other
requirements</header>
<paragraph id="HEE4C0F97980B442F89194DADFF01E7DD"><enum>(1)</enum><text>Nothing in this
section shall change or modify the requirements of section 314(b) of the
Federal Land Policy and Management Act of 1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1744">43 U.S.C. 1744(b)</external-xref>), or the
requirements of section 314(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b) of that
Act, which remain in effect.</text>
</paragraph><paragraph id="H25F43421C82D4929A6328EAF6B6FCB1E"><enum>(2)</enum><text>Section 2324 of
the Revised Statutes of the United States (<external-xref legal-doc="usc" parsable-cite="usc/30/28">30 U.S.C. 28</external-xref>) is amended by inserting
<quote>or section 102 of the <short-title>Abandoned Mine
Reclamation Act of 2008 </short-title></quote> after <quote>Act of
1993,</quote>.</text>
</paragraph></subsection></section><section id="idCA80EA831AAA45FCAD5DF74D3D769530"><enum>103.</enum><header>Reclamation
fee</header>
<subsection id="idF432ACA9AEF2403B9ABB8BE8290A754C"><enum>(a)</enum><header>Imposition of
fee</header>
<paragraph id="id83100FED0C7F427886DFA497AD45C6A3"><enum>(1)</enum><header>In
general</header><text>Except as provided in paragraph (2), each operator of a
hardrock minerals mining operation shall pay to the Secretary, for deposit in
the Abandoned Mine Cleanup Fund established by section 201(a), a reclamation
fee of 0.3 percent of the gross income of the hardrock minerals mining
operation for each calendar year.</text>
</paragraph><paragraph id="id82B0405F4AAF49B19DB4E6F459F41EEB"><enum>(2)</enum><header>Exception</header><text>With
respect to any calendar year required under subsection (b), an operator of a
hardrock minerals mining operation shall not be required to pay the reclamation
fee under paragraph (1) if—</text>
<subparagraph id="id75DBC9379B4F4A268B5CB450B60C602F"><enum>(A)</enum><text>the gross annual
income of the hardrock minerals mining operation for the calendar year is an
amount less than $500,000; and</text>
</subparagraph><subparagraph id="id5350D2ED83E6479C9D22808BDE6390A1"><enum>(B)</enum><text>the hardrock
minerals mining operation is comprised of—</text>
<clause id="idEAB76214CDAC4BAD964A72C48E22F225"><enum>(i)</enum><text>1
or more hardrock mineral mines located in a single patented claim; or</text>
</clause><clause id="id3EB45145ADDB4AE3BA74FC3CEFC27A85"><enum>(ii)</enum><text>2
or more contiguous patented claims.</text>
</clause></subparagraph></paragraph></subsection><subsection id="id65A082F860084FCAA161E9BB4B6D7FC3"><enum>(b)</enum><header>Payment
deadline</header><text>The reclamation fee shall be paid not later than 60 days
after the end of each calendar year beginning with the first calendar year
occurring after the date of enactment of this Act.</text>
</subsection><subsection id="idF6970D56944A4A84BEFFCFEB0D7172B2"><enum>(c)</enum><header>Deposit of
revenues</header><text>Amounts received by the Secretary under subsection
(a)(1) shall be deposited into the Abandoned Mine Cleanup Fund established by
section 201(a).</text>
</subsection><subsection id="idE9930511113D4E70A55F20163C555767"><enum>(d)</enum><header>Effect</header><text>Nothing
in this section requires a reduction in, or otherwise affects, any similar fee
required under any law (including regulations) of any State.</text>
</subsection></section><section display-inline="no-display-inline" id="HC37044384B1744B89BCCA53CE464512" section-type="subsequent-section"><enum>104.</enum><header>Effect of payments
for use and occupancy of claims</header><text display-inline="no-display-inline">Timely payment of the claim maintenance fee
required by section 102(a) of this Act or any related law relating to the use
of Federal land, asserts the claimant’s authority to use and occupy the Federal
land concerned for prospecting and exploration, consistent with the
requirements of this Act and other applicable law.</text>
</section><enum>II</enum><header>Abandoned Mine
Cleanup Fund </header>
<section id="HB9C48332F4C14DB7A9A675FC769C1D4"><enum>201.</enum><header>Establishment of
Fund</header>
<subsection id="HBD4D577DEE76494A914E4F2010505969"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">There is established on the books of the
Treasury of the United States a separate account to be known as the Abandoned
Mine Cleanup Fund (hereinafter in this title referred to as the
<quote>Fund</quote>).</text>
</subsection><subsection id="HC2146B24B3924A5FAC93089F1C3557EB"><enum>(b)</enum><header>Investment</header><text>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 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.</text>
</subsection></section><section id="HDBAE4DB2802B44DCACC07CE0034B1DF"><enum>202.</enum><header>Contents of
Fund</header><text display-inline="no-display-inline">The following amounts
shall be credited to the Fund:</text>
<paragraph id="H1085DB179A45468A81F83CE1A8D931B2"><enum>(1)</enum><text>All donations by
persons, corporations, associations, and foundations for the purposes of this
title.</text>
</paragraph><paragraph id="HDC30B73FBE4B4D4F934FBCE0A5BC0070"><enum>(2)</enum><text>All amounts
deposited in the Fund under section 101 (relating to royalties and penalties
for underreporting).</text>
</paragraph><paragraph id="H64C3EBB81F4E42C4007E04039DDFCCBC"><enum>(3)</enum><text display-inline="yes-display-inline">All amounts received by the United States
pursuant to section 102 as claim maintenance, location, and transfer fees minus
the moneys allocated for administration of the mining laws by the Department of
the Interior.</text>
</paragraph><paragraph id="id67F4C4C16DAC48C3AF32F69A9AB80517"><enum>(4)</enum><text display-inline="yes-display-inline">All amounts received by the Secretary in
accordance with section 103(a).</text>
</paragraph><paragraph id="HC638FD49EB8F46328432941D00E18500"><enum>(5)</enum><text>All income on
investments under section 201(b).</text>
</paragraph></section><section id="idA0492E4AEF674736B9A7DC6ACB24BE74"><enum>203.</enum><header>Use and
objectives of the Fund</header>
<subsection id="H1C455D2282584E8C97ACD678EFB2510"><enum>(a)</enum><header>In
general</header><text>The Secretary is authorized, without further
appropriation, to use moneys in the Fund for the reclamation and restoration of
land and water resources adversely affected by past mineral activities on lands
the legal and beneficial title to which resides in the United States, land
within the exterior boundary of any national forest system unit, or other lands
described in subsection (d), including any of the following:</text>
<paragraph id="HC3862EC846CE41588B086DD6653B2517"><enum>(1)</enum><text>Protecting public
health and safety.</text>
</paragraph><paragraph id="HFE0A11FD19CB459189F508201825391C"><enum>(2)</enum><text display-inline="yes-display-inline">Preventing, abating, treating, and
controlling water pollution created by abandoned mine drainage, including in
river watershed areas.</text>
</paragraph><paragraph id="HFEC9192A555E48C5BA2D169D3BC1DDE9"><enum>(3)</enum><text>Reclaiming and
restoring abandoned surface and underground mined areas.</text>
</paragraph><paragraph id="HA3E043A6BFC243A89EC25C67188B55A"><enum>(4)</enum><text>Reclaiming and
restoring abandoned milling and processing areas.</text>
</paragraph><paragraph id="H3AEF12651CD14E20ABB7C91D23A409BC"><enum>(5)</enum><text>Backfilling,
sealing, or otherwise controlling, abandoned underground mine entries.</text>
</paragraph><paragraph id="HDA95A73B5A2A492FB72C920098C9B55D"><enum>(6)</enum><text>Revegetating land
adversely affected by past mineral activities in order to prevent erosion and
sedimentation, to enhance wildlife habitat, and for any other reclamation
purpose.</text>
</paragraph><paragraph id="HE721C7CC2A294487A052B6BC97CCCA17"><enum>(7)</enum><text>Controlling of
surface subsidence due to abandoned underground mines.</text>
</paragraph></subsection><subsection id="H36B8D31505A1443199EF731760A400B"><enum>(b)</enum><header>Allocation</header><text display-inline="yes-display-inline">Expenditures of moneys from the Fund shall
reflect the following priorities in the order stated:</text>
<paragraph id="H46BCF652132946988CB5A5E3E91CBBB"><enum>(1)</enum><text>The protection of
public health and safety, from extreme danger from the adverse effects of past
mineral activities, especially as relates to surface water and groundwater
contaminants.</text>
</paragraph><paragraph id="HA5C447228B7B42C18B5373F737FA5000"><enum>(2)</enum><text>The protection of
public health and safety, from the adverse effects of past mineral
activities.</text>
</paragraph><paragraph id="H9482CF8602EA4379B300E1AAC25D97E3"><enum>(3)</enum><text display-inline="yes-display-inline">The restoration of land, water, and fish
and wildlife resources previously degraded by the adverse effects of past
mineral activities, which may include restoration activities in river watershed
areas.</text>
</paragraph></subsection><subsection id="HFB63B2A7D0C24D0495D06500C31B0000"><enum>(c)</enum><header>Habitat</header><text>Reclamation
and restoration activities under this title, particularly those identified
under subsection (a)(4), shall include appropriate mitigation measures to
provide for the continuation of any established habitat for wildlife in
existence prior to the commencement of such activities.</text>
</subsection><subsection id="H89F344BA461248B1BF9BD142001BC359"><enum>(d)</enum><header>Other affected
lands</header><text>Where mineral exploration, mining, beneficiation,
processing, or reclamation activities have been carried out with respect to any
mineral which would be a locatable mineral if the legal and beneficial title to
the mineral were in the United States, if such activities directly affect lands
managed by the Bureau of Land Management as well as other lands and if the
legal and beneficial title to more than 50 percent of the affected lands
resides in the United States, the Secretary is authorized, subject to
appropriations, to use moneys in the Fund for reclamation and restoration under
subsection (a) for all directly affected lands.</text>
</subsection><subsection id="HA8B97378229943E4AE8528223500732B"><enum>(e)</enum><header>Response or
removal actions</header><text display-inline="yes-display-inline">Reclamation
and restoration activities under this title which constitute a removal or
remedial action under section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/42/9601">42 U.S.C. 9601</external-xref>), shall be conducted
with the concurrence of the Administrator of the Environmental Protection
Agency. The Secretary and the Administrator shall enter into a Memorandum of
Understanding to establish procedures for consultation, concurrence, training,
exchange of technical expertise and joint activities under the appropriate
circumstances, that provide assurances that reclamation or restoration
activities under this title shall not be conducted in a manner that increases
the costs or likelihood of removal or remedial actions under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.), and that avoid oversight by multiple agencies to the maximum extent
practicable.</text>
</subsection></section><section id="H9CCC76C7BEF94B4A95A946DE55C1BE00"><enum>204.</enum><header>Eligible lands
and waters</header>
<subsection id="H7CD89D022B804267BC5F7D86B3D3F2C"><enum>(a)</enum><header>Eligibility</header><text>Reclamation
expenditures under this title may be made with respect to Federal, State,
local, tribal, and private land or water resources that traverse or are
contiguous to Federal, State, local, tribal, or private land where such lands
or water resources have been affected by past mineral activities, including any
of the following:</text>
<paragraph id="H8FE119A20BA249938BABDB10D8CEC52D"><enum>(1)</enum><text>Lands and water
resources which were used for, or affected by, mineral activities and abandoned
or left in an inadequate reclamation status before the effective date of this
Act.</text>
</paragraph><paragraph id="H486878774B504675A8846657EC1587A1"><enum>(2)</enum><text>Lands for which
the Secretary makes a determination that there is no continuing reclamation
responsibility of a claim holder, operator, or other person who abandoned the
site prior to completion of required reclamation under State or other Federal
laws.</text>
</paragraph></subsection><subsection id="H6535327B47884E588F21220916D4CB7B"><enum>(b)</enum><header>Specific sites
and areas not eligible</header><text>The provisions of section 411(d) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(d)) shall
apply to expenditures made from the Fund.</text>
</subsection><subsection id="HF485919418B84C5CACF61D57D62FABFC"><enum>(c)</enum><header>Inventory</header>
<paragraph id="id9B694ECC2A30484CB5120209DB282E02"><enum>(1)</enum><header>In
general</header><text>The Secretary shall prepare and maintain a publicly
available inventory of abandoned locatable minerals mines on public lands and
any abandoned mine on Indian lands that may be eligible for expenditures under
this title, and shall deliver a yearly report to the Congress on the progress
in cleanup of such sites.</text>
</paragraph><paragraph id="id4B375B11062E4BACBD269F00C96BB3C8"><enum>(2)</enum><header>Priority</header><text>In
preparing and maintaining the inventory described in paragraph (1), the
Secretary shall give priority to abandoned locatable minerals mines in
accordance with section 203(b).</text>
</paragraph><paragraph id="id62AAAF14F1C641BCAFAA8BA7A468AD8E"><enum>(3)</enum><header>Periodic
updates</header><text>Not later than 5 years after the date of enactment of
this Act, and every 5 years thereafter, the Secretary shall update the
inventory described in paragraph (1).</text>
</paragraph></subsection></section><section id="H79A79FC35A384157A22725AFF039B8FA"><enum>205.</enum><header>Expenditures</header><text display-inline="no-display-inline">Moneys available from the Fund may be
expended for the purposes specified in section 203 directly by the Director of
the Office of Surface Mining Reclamation and Enforcement. The Director may also
make such money available for such purposes to the Director of the Bureau of
Land Management, the Chief of the United States Forest Service, the Director of
the National Park Service, or Director of the United States Fish and Wildlife
Service, to any other agency of the United States, to an Indian tribe, or to
any public entity that volunteers to develop and implement, and that has the
ability to carry out, all or a significant portion of a reclamation program
under this title.</text>
</section><section id="HC88617ED758341758888598C0967B50"><enum>206.</enum><header>Availability of
amounts</header><text display-inline="no-display-inline">Amounts credited to
the Fund shall—</text>
<paragraph id="idB43027FDE1084CF79628FB572E055914"><enum>(1)</enum><text>be available,
without further appropriation, for obligation and expenditure; and</text>
</paragraph><paragraph id="id510213F772424E229E557FB5BD018C97"><enum>(2)</enum><text>remain available
until expended.</text>
</paragraph></section><enum>III</enum><header>Effective
date</header>
<section id="idFA1978092EE34675B24A52520333C94F"><enum>301.</enum><header>Effective
date</header><text display-inline="no-display-inline">This Act shall take
effect on the date of enactment of this Act, except as otherwise provided in
this Act.</text>
</section>