S.Amdt. 1366

1. Adds SEC. ____. HARDROCK MINING AND RECLAMATION wherever appropriate

   Adds a section

   Inserted: SEC. ____. HARDROCK MINING AND RECLAMATION.

   Inserted: (a) Definitions.--In this section:

   Inserted: (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.

   Inserted: (2) Federal land.--The term "Federal land" means any land and any interest in land that is--

   Inserted: (A) owned by the United States; and

   Inserted: (B) open to location of mining claims under the general mining laws.

   Inserted: (3) Fund.--The term "Fund" means the Hardrock Minerals Reclamation Fund established by subsection (c)(1).

   Inserted: (4) Indian land.--The term "Indian land" means land that is--

   Inserted: (A) held in trust for the benefit of an Indian tribe or member of an Indian tribe; or

   Inserted: (B) held by an Indian tribe or member of an Indian tribe, subject to a restriction by the United States against alienation.

   Inserted: (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).

   Inserted: (6) Hardrock mineral.--The term "hardrock mineral" has the meaning given the term "locatable mineral" except that--

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   Inserted: (A) legal and beneficial title to the mineral need not be held by the United States; and

   Inserted: (B) paragraph (7)(B) does not apply to this paragraph.

   Inserted: (7) Locatable mineral.--

   Inserted: (A) In general.--The term "locatable mineral" means any mineral--

   Inserted: (i) the legal and beneficial title to which remains in the United States; and

   Inserted: (ii) that is not subject to disposition under--

   Inserted: (I) the Mineral Leasing Act (30 U.S.C. 181 et seq.);

   Inserted: (II) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

   Inserted: (III) the Act of July 31, 1947 (commonly known as the "Materials Act of 1947") (30 U.S.C. 601 et seq.); or

   Inserted: (IV) the Act of August 7, 1947 (commonly known as the "Mineral Leasing Act for Acquired Lands") (30 U.S.C. 351 et seq.).

   Inserted: (B) Exclusions.--The term "locatable mineral" does not include any mineral that is--

   Inserted: (i) subject to a restriction against alienation imposed by the United States; and

   Inserted: (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).

   Inserted: (8) Secretary.--The term "Secretary" means the Secretary of the Interior.

   Inserted: (b) Royalty.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (3) No royalty for federal land subject to existing permit.--No royalty under paragraph (1) shall be required for production on Federal land that--

   Inserted: (A) is subject to an approved plan of operations or an operations permit on the date of the enactment of this Act; and

   Inserted: (B) produces valuable locatable minerals in commercial quantities on the date of enactment of this Act.

   Inserted: (4) Royalty relief.--

   Inserted: (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.

   Inserted: (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--

   Inserted: (i) publishes public notice of the royalty reduction; and

   Inserted: (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.

   Inserted: (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).

   Inserted: (6) Deposit.--Amounts received by the United States as royalties under this subsection shall be deposited in the Fund.

   Inserted: (c) Hardrock Minerals Reclamation Fund.--

   Inserted: (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--

   Inserted: (A) any amounts collected under subsection (b);

   Inserted: (B) any amounts collected under subsection (d); and

   Inserted: (C) any income on investments under paragraph (2).

   Inserted: (2) Investment.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (4) Administration.--The Fund shall be administered by the Secretary, acting through the Director of the Office of Surface Mining Reclamation and Enforcement.

   Inserted: (5) Expenditures.--Subject to paragraph (7), amounts in the Fund may, without fiscal year limitation and without further appropriation--

   Inserted: (A) be expended by the Secretary for the purposes described in paragraph (7);

   Inserted: (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

   Inserted: (C) be transferred by the Secretary to an Indian tribe or a State with an approved reclamation program, as provided in paragraph (6).

   Inserted: (6) State and tribal reclamation programs.--

   Inserted: (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.

   Inserted: (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--

   Inserted: (i) approve the program; and

   Inserted: (ii) grant to the State or Indian tribe the exclusive responsibility and authority to implement the approved program.

   Inserted: (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.

   Inserted: (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 standing with the Secretary as of that date shall be considered approved under this subsection.

   Inserted: (7) Use and objectives of the fund.--

   Inserted: (A) Use.--

   Inserted: (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--

   Inserted: (I) to protect public health and safety;

   Inserted: (II) to prevent, abate, treat, and control water pollution created by abandoned mine drainage, including activities conducted in watersheds;

   Inserted: (III) to reclaim and restore abandoned surface and underground mined areas;

   Inserted: (IV) to reclaim and restore abandoned milling and processing areas;

   Inserted: (V) to backfill, seal, or otherwise control abandoned underground mine entries;

   Inserted: (VI) to revegetate land adversely affected by past mining activities--

   Inserted: (aa) to prevent erosion and sedimentation; and

   Inserted: (bb) for any other reclamation purpose;

   Inserted: (VII) to control surface subsidence due to abandoned underground mines; and

   Inserted: (VIII) to enhance fish and wildlife habitat.

   Inserted: (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.

   Inserted: (B) Allocation.--Of the amounts deposited in the Fund each fiscal year--

   Inserted: (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;

   Inserted: (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;

   Inserted: (iii) 25 percent shall be allocated by the Secretary for expenditure on Federal land;

   Inserted: (iv) 10 percent shall be available to the Secretary for grants under subparagraph (E);

   Inserted: (v) 10 percent shall be available to the Secretary for grants under subparagraph (F); and

   Inserted: (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.

   Inserted: (C) Priorities.--

   Inserted: (i) In general.--Subject to clause (ii), expenditures from the Fund shall be based on the following priorities:

   Inserted: (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.

   Inserted: (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.

   Inserted: (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).

   Inserted: (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).

   Inserted: (D) Eligible land and water.--

   Inserted: (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--

   Inserted: (I) affected by hardrock mineral mining activities; and

   Inserted: (II) abandoned or left in an inadequate reclamation status.

   Inserted: (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.

   Inserted: (iii) Inventory.--

   Inserted: (I) In general.--The Secretary shall--

   Inserted: (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

   Inserted: (bb) submit to Congress an annual report that describes the progress in reclaiming the sites listed on the inventory.

   Inserted: (II) Maximum expenditure.--The Secretary shall expend not more than $5,000,000 to carry out the inventory required by this clause.

   Inserted: (E) Grants to certain states and indian tribes.--

   Inserted: (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).

   Inserted: (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.

   Inserted: (iii) Criteria.--The Secretary shall establish by regulation the procedures and criteria for awarding grants under this subparagraph, which shall include--

   Inserted: (I) consistency with the priorities established under subparagraph (C)(i); and

   Inserted: (II) priority for those projects for which Federal funding is not available under other laws or programs.

   Inserted: (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--

   Inserted: (i) improve water quality and quantity;

   Inserted: (ii) restore watersheds in which historic mining dewatered or otherwise fragmented stream habitats;

   Inserted: (iii) restore instream habitat conditions necessary to support aquatic species;

   Inserted: (iv) restore vegetative cover and streamside areas to control erosion and improve conditions for fish and wildlife;

   Inserted: (v) control and remove noxious weeds and invasive species associated with historic mining disturbances that affect fish and wildlife;

   Inserted: (vi) restore fish and wildlife habitat in cases in which previous hardrock minerals and mining activity limits fish and wildlife productivity;

   Inserted: (vii) protect and restore fish and wildlife habitat in areas affected by historic minerals and mining activity; and

   Inserted: (viii) mitigate impacts to watersheds affected by past hardrock minerals and mining activities.

   Inserted: (G) Response or removal actions.--

   Inserted: (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.

   Inserted: (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--

   Inserted: (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

   Inserted: (II) to the maximum extent practicable, avoids oversight by multiple agencies.

   Inserted: (d) Abandoned Mine Land Reclamation Fee.--

   Inserted: (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.

   Inserted: (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).

   Inserted: (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.

   Inserted: (4) Deposit of revenues.--Amounts received by the Secretary under paragraph (1) shall be deposited into the Fund.

   Inserted: (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.

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