[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1314-S1315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1366. Mr. UDALL (for himself, Mr. Heinrich, Mr. Bennet, Ms.
Harris, Mr. Markey, and Ms. Stabenow) submitted an amendment intended
to be proposed by him to the bill S. 2657, to support innovation in
advanced geothermal research and development, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. HARDROCK MINING AND RECLAMATION.
(a) Definitions.--In this section:
(1) Abandoned hardrock mine state.--The term ``abandoned
hardrock mine State'' means each of the States of Alaska,
Arizona, California, Colorado, Idaho, Montana, Nevada, New
Mexico, North Dakota, Oregon, South Dakota, Utah, Washington,
and Wyoming.
(2) Federal land.--The term ``Federal land'' means any land
and any interest in land that is--
(A) owned by the United States; and
(B) open to location of mining claims under the general
mining laws.
(3) Fund.--The term ``Fund'' means the Hardrock Minerals
Reclamation Fund established by subsection (c)(1).
(4) Indian land.--The term ``Indian land'' means land that
is--
(A) held in trust for the benefit of an Indian tribe or
member of an Indian tribe; or
(B) held by an Indian tribe or member of an Indian tribe,
subject to a restriction by the United States against
alienation.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Hardrock mineral.--The term ``hardrock mineral'' has
the meaning given the term ``locatable mineral'' except
that--
(A) legal and beneficial title to the mineral need not be
held by the United States; and
(B) paragraph (7)(B) does not apply to this paragraph.
(7) Locatable mineral.--
(A) In general.--The term ``locatable mineral'' means any
mineral--
(i) the legal and beneficial title to which remains in the
United States; and
(ii) that is not subject to disposition under--
(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 Act of August 7, 1947 (commonly known as the
``Mineral Leasing Act for Acquired Lands'') (30 U.S.C. 351 et
seq.).
(B) Exclusions.--The term ``locatable mineral'' does not
include any mineral that is--
(i) subject to a restriction against alienation imposed by
the United States; and
(ii) held in trust by the United States for, or owned by,
any Indian tribe or member of an Indian tribe, as defined in
section 2 of the Indian Mineral Development Act of 1982 (25
U.S.C. 2101).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Royalty.--
(1) In general.--Subject to paragraphs (3) and (4),
production of all locatable minerals from any mining claim
located under the general mining laws shall be subject to a
royalty established by the Secretary by regulation of not
less than 5 percent, and not more than 8 percent, of the
gross income from mining for production of all locatable
minerals.
(2) Royalty rate.--The regulation shall establish a
reasonable royalty rate for each locatable mineral subject to
a royalty under this subsection that may vary based on the
locatable mineral concerned.
(3) No royalty for federal land subject to existing
permit.--No royalty under paragraph (1) shall be required for
production on Federal land that--
(A) is subject to an approved plan of operations or an
operations permit on the date of the enactment of this Act;
and
(B) produces valuable locatable minerals in commercial
quantities on the date of enactment of this Act.
(4) Royalty relief.--
(A) In general.--Subject to subparagraph (B), in order to
promote the greatest ultimate recovery pursuant to a mining
permit or a plan of operations under which production in
commercial quantities has occurred and in the interest of
conservation of natural resources, the Secretary may reduce
any royalty otherwise required for all or part of a mining
operation under paragraph (1), on a showing by clear and
convincing evidence by the person conducting mineral
activities under the operations or mining permit or plan of
operations that, without the reduction in royalty, production
would not occur.
(B) Effective date.--Any reduction in a royalty provided
for by this paragraph shall not be effective until 60 days
after the date on which the Secretary--
(i) publishes public notice of the royalty reduction; and
(ii) submits to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives notice and a
statement of the reasons for granting the royalty reduction.
(5) Federal land not subject to existing operations
permit.--Production from any Federal land not specifically
approved for mineral extraction under a plan of operations or
an operations permit in existence on the date of enactment of
this Act shall be subject to the royalty described in
paragraph (1).
(6) Deposit.--Amounts received by the United States as
royalties under this subsection shall be deposited in the
Fund.
(c) Hardrock Minerals Reclamation Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account, to be known as the
``Hardrock Minerals Reclamation Fund'', consisting of--
(A) any amounts collected under subsection (b);
(B) any amounts collected under subsection (d); and
(C) any income on investments under paragraph (2).
(2) Investment.--
(A) In general.--The Secretary shall notify the Secretary
of the Treasury of any portion of the Fund that the Secretary
determines is not required to meet current withdrawals.
(B) Eligible investments.--The Secretary of the Treasury
shall invest portions of the Fund identified under
subparagraph (A) in public debt securities with maturities
suitable for the needs of the Fund.
(3) Interest.--Investments in public debt securities shall
bear 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 maturity.
(4) Administration.--The Fund shall be administered by the
Secretary, acting through the Director of the Office of
Surface Mining Reclamation and Enforcement.
(5) Expenditures.--Subject to paragraph (7), amounts in the
Fund may, without fiscal year limitation and without further
appropriation--
(A) be expended by the Secretary for the purposes described
in paragraph (7);
(B) be transferred by the Secretary to the Director of the
Bureau of Land Management, the Chief of the Forest Service,
the Director of the National Park Service, the Director of
the United States Fish and Wildlife Service, or the head of
any other Federal agency, that develops, implements, and has
the ability to carry out all or a significant portion of a
reclamation program under this subsection; or
(C) be transferred by the Secretary to an Indian tribe or a
State with an approved reclamation program, as provided in
paragraph (6).
(6) State and tribal reclamation programs.--
(A) In general.--Each State having within the borders of
the State, or Indian tribe having within the borders of the
reservation of the Indian tribe, mined land that is eligible
for reclamation under this subsection may submit to the
Secretary a reclamation program for the land.
(B) Approval.--If the Secretary determines that a State or
Indian tribe has developed and submitted a program for
reclamation of abandoned mines consistent with the priorities
established under paragraph (7)(C) and has the ability and
necessary State or tribal legislation to implement this
subsection, the Secretary shall--
(i) approve the program; and
(ii) grant to the State or Indian tribe the exclusive
responsibility and authority to implement the approved
program.
(C) Withdrawal of approval.--The Secretary shall withdraw
the approval and authorization if the Secretary determines
that the State or tribal program is not in compliance with
procedures, guidelines, and requirements established by the
Secretary.
(D) Approval of existing programs.--Subject to subparagraph
(C), any State program in an abandoned hardrock mine State or
tribal program for reclamation of abandoned mines approved
under title IV of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231 et seq.) before the date of
enactment of this Act and in good
[[Page S1315]]
standing with the Secretary as of that date shall be
considered approved under this subsection.
(7) Use and objectives of the fund.--
(A) Use.--
(i) In general.--The Secretary may, without fiscal year
limitation and without further appropriation, use amounts in
the Fund for the reclamation and restoration of land and
water resources adversely affected by past hardrock minerals
and mining and related activities in abandoned hardrock mine
States and on Indian land located within the exterior
boundaries of abandoned hardrock mine States, including the
conduct of activities--
(I) to protect public health and safety;
(II) to prevent, abate, treat, and control water pollution
created by abandoned mine drainage, including activities
conducted in watersheds;
(III) to reclaim and restore abandoned surface and
underground mined areas;
(IV) to reclaim and restore abandoned milling and
processing areas;
(V) to backfill, seal, or otherwise control abandoned
underground mine entries;
(VI) to revegetate land adversely affected by past mining
activities--
(aa) to prevent erosion and sedimentation; and
(bb) for any other reclamation purpose;
(VII) to control surface subsidence due to abandoned
underground mines; and
(VIII) to enhance fish and wildlife habitat.
(ii) Determination.--Before expending amounts in the Fund
for the purposes described in clause (i), the Secretary shall
make a determination that there is no continuing reclamation
responsibility of the claim holder, operator, or other person
who abandoned the site before completion of the required
reclamation under Federal or State law.
(B) Allocation.--Of the amounts deposited in the Fund each
fiscal year--
(i) 20 percent shall be allocated by the Secretary for
expenditure by the Secretary or, if a State or Indian tribe
has an approved program pursuant to paragraph (6), by the
State or Indian tribe, in the States in which, or on Indian
land on which, hardrock minerals are produced, based on a
formula reflecting existing production in the State or on the
land of the Indian tribe;
(ii) 30 percent shall be allocated by the Secretary for
expenditure by the Secretary or, if a State or Indian tribe
has an approved program pursuant to paragraph (6), by the
State or Indian tribe, in the States and on Indian land using
a formula based on the quantity of hardrock minerals
historically produced in the State or from the Indian land
before the date of enactment of this Act;
(iii) 25 percent shall be allocated by the Secretary for
expenditure on Federal land;
(iv) 10 percent shall be available to the Secretary for
grants under subparagraph (E);
(v) 10 percent shall be available to the Secretary for
grants under subparagraph (F); and
(vi) 5 percent shall be available for administrative
expenses of the United States, Indian tribes, and the States
to accomplish the purposes of this subsection.
(C) Priorities.--
(i) In general.--Subject to clause (ii), expenditures from
the Fund shall be based on the following priorities:
(I) The conduct of activities to protect public health and
safety from the adverse effects of past hardrock mineral
mining activities, including activities addressing surface
water and groundwater contaminants.
(II) The conduct of activities to restore land, water, and
fish and wildlife resources degraded by the adverse effects
of past hardrock mineral mining activities, including
restoration activities in watershed areas.
(ii) Multiple priorities.--In complying with the priorities
established under this subparagraph, funds may be expended
for reclamation activities under clause (i)(II) before the
completion of all reclamation projects under clause (i)(I) if
the expenditure of the funds for reclamation activities under
clause (i)(II) is made in conjunction with reclamation
activities under clause (i)(I).
(iii) Minimum expenditure.--Notwithstanding clauses (i) and
(ii), not less than 25 percent of the expenditures by the
Secretary on Federal lands for any year shall be for the
purposes described in clause (i)(II).
(D) Eligible land and water.--
(i) In general.--Amounts may be expended for reclamation
activities under this paragraph only with respect to land or
water resources if the land or water resources have been--
(I) affected by hardrock mineral mining activities; and
(II) abandoned or left in an inadequate reclamation status.
(ii) Specific sites and areas not eligible.--Section 411(d)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1240a(d)) shall apply to expenditures from the Fund.
(iii) Inventory.--
(I) In general.--The Secretary shall--
(aa) prepare and maintain a publicly available inventory of
abandoned hardrock minerals mines on Federal land, State
land, other publicly owned land, private land, and any
abandoned mine on Indian land that may be eligible for
expenditures under this paragraph; and
(bb) submit to Congress an annual report that describes the
progress in reclaiming the sites listed on the inventory.
(II) Maximum expenditure.--The Secretary shall expend not
more than $5,000,000 to carry out the inventory required by
this clause.
(E) Grants to certain states and indian tribes.--
(i) In general.--The Secretary shall use amounts made
available under subparagraph (B)(IV) to make grants to States
(other than abandoned hardrock mine States) and Indian tribes
to carry out reclamation and restoration of land and water
resources adversely affected by past hardrock minerals and
mining activities, including the conduct of activities
described in subparagraph (A)(i).
(ii) Determination.--Before awarding a grant under this
subparagraph, the Secretary shall make a determination that
there is no continuing reclamation responsibility of any
person who abandoned the site before completion of required
reclamation under Federal or State law.
(iii) Criteria.--The Secretary shall establish by
regulation the procedures and criteria for awarding grants
under this subparagraph, which shall include--
(I) consistency with the priorities established under
subparagraph (C)(i); and
(II) priority for those projects for which Federal funding
is not available under other laws or programs.
(F) Grants to public entities and nonprofit
organizations.--The Secretary shall use amounts made
available under subparagraph (B)(v) to make grants to public
entities (including State fish and game agencies and local
governments) and nonprofit organizations (based on criteria
established by the Secretary by regulation) to carry out
activities that support collaborative restoration projects to
improve fish and wildlife habitat affected by past hardrock
minerals and mining activities, including activities that--
(i) improve water quality and quantity;
(ii) restore watersheds in which historic mining dewatered
or otherwise fragmented stream habitats;
(iii) restore instream habitat conditions necessary to
support aquatic species;
(iv) restore vegetative cover and streamside areas to
control erosion and improve conditions for fish and wildlife;
(v) control and remove noxious weeds and invasive species
associated with historic mining disturbances that affect fish
and wildlife;
(vi) restore fish and wildlife habitat in cases in which
previous hardrock minerals and mining activity limits fish
and wildlife productivity;
(vii) protect and restore fish and wildlife habitat in
areas affected by historic minerals and mining activity; and
(viii) mitigate impacts to watersheds affected by past
hardrock minerals and mining activities.
(G) Response or removal actions.--
(i) In general.--Reclamation and restoration activities
conducted under this paragraph that constitute a removal or
remedial action under section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601) shall be conducted only with the
concurrence of the Administrator of the Environmental
Protection Agency.
(ii) Memorandum of understanding.--The Secretary and the
Administrator of the Environmental Protection Agency shall
enter into a memorandum of understanding to establish
procedures for consultation, concurrence, training, the
exchange of technical expertise, and the conduct of joint
activities, as appropriate, that provide assurances that
reclamation or restoration activities under this paragraph
shall not be conducted in a manner that--
(I) 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.); or
(II) to the maximum extent practicable, avoids oversight by
multiple agencies.
(d) Abandoned Mine Land Reclamation Fee.--
(1) Imposition of fee.--Each operator of a hardrock
minerals mining operation shall pay to the Secretary, for
deposit in the Fund, a reclamation fee in an amount
established by the Secretary by regulation of not less than 1
percent, and not more than 3 percent, of the value of the
production from the hardrock minerals mining operation for
each calendar year.
(2) Value of production.--For purposes of this subsection,
the Secretary shall determine the value of production in the
same manner as provided under subsection (b)(1).
(3) Payment deadline.--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.
(4) Deposit of revenues.--Amounts received by the Secretary
under paragraph (1) shall be deposited into the Fund.
(5) Effect.--Nothing in this subsection requires a
reduction in, or otherwise affects, any similar fee required
under any law (including regulations) of any State.
______