Sec. 201 Short title
This title may be cited as the “Abandoned Mine Reclamation and Deficit Reduction Act of 2013”.
Title II — Abandoned Mine Reclamation
II Abandoned Mine Reclamation
Sec. 202 Definitions and references
In general— As used in this title:
The term beneficiation means the crushing and grinding of hardrock 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.
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 title. Such term may include an agent of a claim holder.
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.
The term crude ore means ore in its unprocessed form, containing profitable amounts of the target mineral.
The term displaced material means any crude ore and waste dislodged from its location at the time hardrock mining begins at surface, underground, or in-situ mines.
The term exploration means surface disturbance to evaluate the type, extent, quantity, or quality of minerals present including sampling, drilling, and analyzing hardrock mineral values.
The term Federal land means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands.
The term hardrock means any mineral mined under the Mining Law of 1872 (30 U.S.C. 22–54), and with respect to State, Indian, and private lands, any minerals on those lands that would be considered hardrock minerals if such minerals had been mined under the Mining Law of 1872.
The term hardrock mining operation means any activities or operations conducted to mine minerals under the Mining Law of 1872 (30 U.S.C. 22–54), and, with respect to State, Indian, and private lands, any activities or operations conducted on such lands to mine minerals that would be considered hardrock minerals if such minerals had been mined under the Mining Law of 1872: Provided, however, That if subsequent to the date of enactment of this Act, any minerals mined under the Mining Law of 1872 are transferred from the requirements of the Mining Law of 1872 to different statutory requirements, those activities or operations conducted on lands to mine those minerals so transferred will continue to be subject to the provisions of this title.
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.
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.
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 hardrock mineral.
The term operator means any person that conducts mineral activities and any agent of such person.
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.
The term processing means processes downstream of beneficiation employed to prepare hardrock mineral ore into the final marketable product, including but not limited to smelting and electrolytic refining.
The term Secretary means the Secretary of the Interior, unless otherwise specified.
The term ton means 2,000 pounds avoirdupois (.90718 metric ton).
The term waste means rock that must be fractured and removed in order to gain access to crude ore.
References to other laws—
Any reference in this title 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.
Any reference in this title 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.).
A Hardrock Mining Reclamation
Sec. 211 Displaced material reclamation fee
Imposition of fee— Except as provided in paragraph (2), each operator of a hardrock mining operation shall pay to the Secretary, for deposit in the Abandoned Mine Cleanup Fund established by section 221(a), a displaced material reclamation fee of 7 cents per ton of displaced material.
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.
Submission of statement— Together with such reclamation fee, all operators of hardrock mining operations shall submit a statement of the amount of displaced materials produced during mineral activities during the previous calendar year, the accuracy of which shall be sworn to by the operator and notarized.
Penalty— Any person, corporate officer, agent or director, on behalf of a hardrock mining operation, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section shall, upon conviction, be punished by a fine of not more than $10,000.
Civil action To recover fee— Any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from the hardrock mining operations operator, in any court of competent jurisdiction in any action at law to compel payment of debts.
Deposit of revenues— Amounts received by the Secretary under subsection (a)(1) shall be deposited in the Abandoned Mine Cleanup Fund established by section 221(a).
Effect— Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law (including regulations) of any State.
Sec. 212 Fees adjustments
In general— The Secretary of the Interior shall adjust the fees required by section 211 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.
Notice— The Secretary shall provide claimants notice of any adjustment made under this section not later than July 1 of any year in which the adjustment is made.
Application— A fee adjustment under this section shall begin to apply in the calendar year following the calendar year in which it is made.
B Abandoned Mine Cleanup Fund
Sec. 221 Establishment of fund
Establishment— 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 subtitle referred to as the Fund) consisting of the following:
All donations by persons, corporations, associations, and foundations for the purposes of this subtitle.
All amounts deposited in the Fund under section 211.
All income on investments under subsection (b).
Investment— 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.
Administration—
The Fund shall be administered by the Secretary, acting through the Director of the Office of Surface Mining Reclamation and Enforcement.
Amounts credited to the Fund shall be available, without further appropriation, for obligation and expenditure, and shall remain available until expended.
The Secretary may retain such funds as necessary for the administrative expenses of the United States, Indian tribes, and the States to accomplish the purposes of this subtitle.
Expenditures— Subject to section 222, amounts in the Fund may, without fiscal year limitation and without further appropriation—
be expended by the Secretary for the purposes described in section 222;
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 subtitle; or
be transferred by the Secretary to an Indian tribe or a State with an approved reclamation program, as provided in subsection (e).
State and tribal reclamation programs—
Each State having within the borders of the State, or tribe having within the borders of the reservation of the tribe, mined land that is eligible for reclamation under this title may submit to the Secretary a reclamation program for the land.
If the Secretary determines that a State or tribe has developed and submitted a program for reclamation of abandoned mines consistent with the priorities established under section 222(c) and has the ability and necessary State or tribal legislation to implement this subtitle, the Secretary shall—
approve the program; and
grant to the State or tribe the exclusive responsibility and authority to implement the approved program.
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.
Subject to paragraph (3), 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 subtitle.
Sec. 222 Use and objectives of the fund
Use—
The Secretary may, subject to the availability of appropriations, 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—
to protect public health and safety;
to prevent, abate, treat, and control water pollution created by abandoned mine drainage, including activities conducted in watersheds;
to reclaim and restore abandoned surface and underground mined areas;
to reclaim and restore abandoned milling and processing areas;
to backfill, seal, or otherwise control abandoned underground mine entries;
to revegetate land adversely affected by past mining activities—
to prevent erosion and sedimentation; and
for any other reclamation purpose;
to control surface subsidence due to abandoned underground mines; and
to enhance fish and wildlife habitat.
Before expending amounts in the Fund for the purposes described in paragraph (1), the Secretary shall make a determination that no claim holder, operator, or other person who is legally responsible under Federal or State law for the reclamation of the mine site can be located before reclamation under this title of the abandoned hardrock mine site begins.
Allocation— Of the amounts deposited in the Fund each fiscal year—
30 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has a program approved under section 221(e), 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;
30 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has a program approved under section 221(e), 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;
30 percent shall be allocated by the Secretary for expenditures on high priority abandoned mine sites on Federal and non-Federal land based on the priorities established in subsection (c); and
10 percent shall be available to the Secretary for grants under subsection (d).
Priorities— Expenditures of moneys from the Fund shall reflect the following priorities in the order stated:
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.
The protection of public health and safety, from the adverse effects of past mineral activities.
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.
For the years 2013 through 2018, the Secretary shall give first priority to and fully fund projects to cleanup and reclaim abandoned hardrock mines—
in States and tribal lands that have previously been certified for completing their reclamation obligations under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); and
that are currently utilizing funds available under section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) to fund the cleanup of abandoned hardrock mines. The Secretary shall fund, to the extent that funds are available in the Abandoned Mine Cleanup Fund, such cleanups to the same level as established by the formula established in the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) notwithstanding the changes made under subtitle C of this title.
Grants to public entities and nonprofit organizations— The Secretary shall use amounts made available under subsection (b)(4) 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—
improve water quality and quantity;
restore watersheds in which historic mining dewatered or otherwise fragmented stream habitats;
restore instream habitat conditions necessary to support aquatic species;
restore vegetative cover and streamside areas to control erosion and improve conditions for fish and wildlife;
control and remove noxious weeds and invasive species associated with historic mining disturbances that affect fish and wildlife;
restore fish and wildlife habitat in cases in which previous hardrock minerals and mining activity limits fish and wildlife productivity;
protect and restore fish and wildlife habitat in areas affected by historic minerals and mining activity; and
mitigate impacts to watersheds affected by past hardrock minerals and mining activities.
Habitat— Reclamation and restoration activities under this subtitle 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.
Response or removal actions— Reclamation and restoration activities under this subtitle which 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 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 subtitle 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.
Sec. 223 Eligible lands and waters
Eligibility— Reclamation expenditures under this subtitle 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:
Lands and water resources that were used for, or affected by, mineral activities and abandoned or left in an inadequate reclamation status before the effective date of this Act.
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.
Specific Sites and Areas Not Eligible— Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) shall not be eligible for expenditures from the Fund under this section.
Inventory—
The Secretary shall prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on public lands and any abandoned hardrock mineral mines on Indian lands that may be eligible for expenditures under this subtitle, and shall deliver a yearly report to the Congress on the progress in cleanup of such sites.
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).
C Administrative Provisions
Sec. 231 Effective date
This title shall take effect on the date of enactment of this Act.
Sec. 232 Fees adjustments
In general— The Secretary of the Interior shall adjust the fees required by section 211 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.
Notice— The Secretary shall provide claimants notice of any adjustment made under this section not later than July 1 of any year in which the adjustment is made.
Application— A fee adjustment under this section shall begin to apply in the calendar year following the calendar year in which it is made.
Sec. 233 Inspection and monitoring
Inspections— The Secretary of the Interior shall make inspections of mineral activities so as to ensure compliance with the requirements of this title.
Ancillary powers— In connection with any hearing, inquiry, investigation, or audit under this title, the Secretary may take any of the following actions:
Require, by special or general order, any person to submit in writing such affidavits and answers to questions as the Secretary concerned may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary.
Administer oaths.
Require by subpoena the attendance and testimony of witnesses and the production of all books, papers, records, documents, matter, and materials, as such Secretary may request.
Order testimony to be taken by deposition before any person who is designated by such Secretary and who has the power to administer oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection.
Pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States.
Enforcement— In cases of refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary concerned and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and produce documents before the Secretary concerned. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to $10,000 a day.
Entry and access— Without advance notice and upon presentation of appropriate credentials, the Secretary or any authorized representative thereof—
shall have the right of entry to, upon, or through the site of any claim, mineral activities, or any premises in which any records required to be maintained under this title are located;
may at reasonable times, and without delay, have access to records, inspect any monitoring equipment, or review any method of operation required under this title;
may engage in any work and do all things necessary or expedient to implement and administer the provisions of this title; and
may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying hardrock minerals, concentrates, or products derived therefrom from a claim site on Federal lands or allocated to such claim site. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this title.
Sec. 234 Regulations
The Secretary of the Interior and the Secretary of Agriculture shall issue such regulations as are necessary to implement this Act. The regulations implementing subtitle B, subtitle C, subtitle D, and subtitle E that affect the Forest Service shall be joint regulations issued by both Secretaries, and shall be issued no later than 180 days after the date of enactment of this Act.
Sec. 235 Availability of public records
Copies of records, reports, inspection materials, or information obtained by the Secretary of the Interior or the Secretary of Agriculture under this title shall be made immediately available to the public, consistent with section 552 of title 5, United States Code, in central and sufficient locations in the county, multicounty, and State area of mineral activity or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the Internet.