[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 775 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 775
To modify the requirements applicable to locatable minerals on public
lands, consistent with the principles of self-initiation of mining
claims, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 5 (legislative day, March 3), 1993
Mr. Craig (for himself, Mr. Wallop, Mr. Murkowski, Mr. Bennett, Mr.
Burns, Mr. Hatch, and Mr. Stevens) introduced the following bill; which
was read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To modify the requirements applicable to locatable minerals on public
lands, consistent with the principles of self-initiation of mining
claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
(a) In General.--This Act may be cited as the ``Hardrock Mining
Reform Act of 1993''.
(b) Surface Resources Act of 1955.--The Act of July 23, 1955 (69
Stat. 367, chapter 375; 30 U.S.C. 611 et seq.) is amended by adding at
the end the following new section:
``SEC. 8. SHORT TITLE.
``This Act may be cited as the `Surface Resources Act of 1955'.''.
(c) Materials Act of 1947.--The Act of July 31, 1947 (61 Stat. 681,
chapter 406; 30 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 5. SHORT TITLE.
``This Act may be cited as the `Materials Act of 1947'.''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds and declares that--
(1) a secure and reliable supply of nonfuel minerals is
essential to the industrial base of the United States, national
security, and balance of trade;
(2) many of the deposits of nonfuel hard minerals that may
be commercially developed are on Federal public lands, and are
difficult and expensive to discover and process;
(3) the national need for nonfuel hard minerals will
continue to expand and the demand for the minerals will exceed
domestic sources of supply without a strong mining industry;
(4) mining of nonfuel hard minerals is an extremely high-
risk, capital-intensive endeavor, which, to attract necessary
investment, requires certainty and predictability in access to
public lands, establishment of mining titles, and the rights of
claimants to develop minerals;
(5) it is in the national interest to foster and encourage
private enterprise in the development of a domestic minerals
industry to maintain and create high paying jobs in the United
States;
(6) mining activities on public lands should be consistent
with applicable Federal land use plans and should be conducted
in compliance with all applicable Federal and State
environmental regulations and standards, including standards
governing mined land reclamation;
(7) the diversity in terrain, climate, biological,
chemical, and other physical conditions, and variation among
the minerals mined and the methods of mining and processing,
require that reclamation standards should be tailored to local
and regional conditions; and
(8) changes in the general mining laws of the United States
to provide more direct economic return to the United States and
greater protection for public resources are desirable, so long
as the changes do not adversely affect employment in the mining
industry or in industries that provide goods and services
required for mining activities, interfere with a secure and
reliable supply of minerals, or adversely affect the balance of
trade of the United States.
(b) Purpose.--It is the purpose of this Act to--
(1) provide for increased Federal revenue from the location
and production of ores and nonfuel hard minerals through
increased fees and royalties;
(2) provide for the payment of fair market value for the
surface of any land patented under the general mining laws of
the United States;
(3) ensure that all public lands affected by nonfuel
minerals mining activities under the general mining laws are
reclaimed, in concert with State and local reclamation
authorities; and
(4) establish a program to help reclaim nonfuel, hardrock
mineral abandoned mines.
SEC. 3. DEFINITIONS.
(1) Locatable Mineral.--The term ``locatable mineral'' means any
mineral not subject to disposition under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et seq.);
(B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.);
(C) the Materials Act of 1947 (30 U.S.C. 601 et seq.); or
(D) the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351 et seq.).
(2) Mouth of the Mine.--The term ``mouth of the mine'' means the
portal of an underground mine, the point of exit of ore from an open
pit mine, or the wellhead of a solution mine.
(3) Value.--
(A) In general.--The term ``value'' means the fair market
value of the ore or solutions as they emerge from the mine or
well, less the direct and indirect costs of mining, including
related mine exploration and development expenses, determined
in accordance with generally accepted accounting principles.
(B) No market at mouth of mine.--
(i) If there is no market for ore in its raw or
crude state, the term ``value'' means the gross income
(computed in accordance with subparagraph (C)) from the
mining of the ore or the production of the solutions,
less the direct and indirect costs associated with the
mining or production, determined in accordance with
generally accepted accounting principles.
(C) Gross income from the mining of the ore or the
production of the solutions.--Gross income from the mining of
the ore or the production of the solutions shall be computed by
multiplying--
(i) gross sales (actual or, where there are no
sales, constructive) of the minerals or metals
contained in the ore or solutions by a fraction whose
numerator is the sum of all direct and indirect mining
costs incurred to bring the ore or solutions to the
mouth of the mine (excluding in-pit crushing), and
whose denominator is the total of all mining and
nonmining costs incurred to produce, sell, and
transport the product.
(4) Secretary.--Unless the context otherwise requires, the term
``Secretary'' means the Secretary of the Interior.
SEC. 4. LOCATION AND MAINTENANCE REQUIREMENTS.
(a) Location Fee.--For each claim located after date of enactment
of this Act, a claimant shall pay the Secretary a location fee of
$25.00 not later than 90 days after the date of location.
(b) Annual Maintenance Fee.--Commencing the first calendar year
after the date of enactment of this Act, a claimant shall pay the
Secretary on or before December 31 of each year, a maintenance fee of
$100 per claim to maintain the claim for the following calendar year.
(c) Indexing.--
(1) In general.--The Secretary shall adjust the fees
required by this section 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.
(2) Notice.--The Secretary shall provide claimants notice
of any adjustment made under this subsection not later than
July 1 of any year in which the adjustment is made.
(3) Effective date of adjustment.--A fee adjustment under
this subsection shall begin to apply the calendar year
following the calendar year in which it is made.
(d) Failure To Pay Fee.--Failure to timely pay the location fee or
maintenance fee required by this section for a claim shall be deemed an
abandonment of the claim. The claim shall be deemed null and void by
operation of law effective at noon on the date that is 30 days after
the date upon which the payment was due.
(e) Exception for Holders of Fewer Than 50 Claims.--
(1) Eligibility.--The claim maintenance fees required under
this section shall be waived or reduced in accordance with
paragraph (3) for a claimant who certifies in writing to the
Secretary that on the date the payment was due the claimant--
(A) was the holder (as defined in paragraph (2)) of
not more than 50 mining claims on public lands; and
(B) has performed assessment work sufficient to
maintain the mining claims held by the claimant for the
assessment year ending on noon of September 1 of the
calendar year in which the maintenance fee payment was
due.
(2) Holder.--As used in paragraph (1), the term ``holder''
includes--
(A) the claimant;
(B) the spouse and dependent children (as defined
in section 152 of the Internal Revenue Code of 1986),
of the claimant; and
(C) a person affiliated with the claimant,
including--
(i) a person controlled by, controlling, or
under common control with the claimant; and
(ii) a subsidiary or parent company or
corporation of the claimant.
(3) Waived or reduced maintenance fees.--
(A) 10 or fewer claims.--The maintenance fee shall
be waived in its entirety for 10 or fewer claims held
by a claimant eligible under paragraph (1).
(B) 11 or more claims.--
(i) In general.--Subject to clause (ii),
the maintenance fee shall be reduced to $25 per
claim for each claim in excess of 10.
(ii) Limitation.--The reduction in this
subparagraph shall be available for no more
than 50 claims held by a claimant who is
eligible under paragraph (1).
(g) Existing Requirements.--
(1) Payment in lieu of annual labor requirements.--The
third sentence of 2324 of the Revised Statutes (30 U.S.C. 28)
is amended by inserting after ``On each claim located after the
10th day of May, 1872,'' the following: ``that is eligible for
a waiver or reduced fee under section 4(e) of the Hardrock
Mining Reform Act of 1993,''.
(2) Federal filing requirements.--Section 314 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744)
is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b), (c), and (d)
as subsections (a), (b), and (c), respectively; and
(C) in subsection (b) (as so redesignated) by
striking ``subsections (a) and (b)'' and inserting
``subsection (a)''.
(3) Conforming amendment.--Section 2511(e) of the Energy
Policy Act of 1992 (30 U.S.C. 242(e)) is amended by striking
the second sentence.
SEC. 5. ROYALTY.
(a) In General.--The production and sale of locatable minerals
(including associated minerals) from any mining claim located after the
date of enactment of this Act shall be subject to a royalty of 2
percent of the value of the minerals measured at the mouth of the mine.
(b) Payment of Royalty.--Royalty payments shall be made not later
than 45 days after the end of each calendar quarter during which the
minerals are sold. The payments shall be subject to adjustment, if
required, at the end of each calendar year.
(c) Audit.--The Secretary may audit the payments under this section
at any time upon notice to the claimant.
(d) Royalty Deduction.--The Secretary may reduce the royalties
under this section whenever the Secretary determines it is necessary to
promote development or whenever the claims cannot be successfully
operated under the terms of this section.
(e) Hardrock Mining Royalty Review Commission.--
(1) Establishment.--There is established the Hardrock
Mining Royalty Review Commission (referred to in this section
as the ``Commission'').
(2) Membership.--The Commission shall be comprised of 9
members appointed by the Secretary who have experience in the
economics of the hardrock mining industry.
(3) Chairperson.--The Secretary shall designate 1 member to
serve as a Chairperson of the Commission.
(4) Compensation.--Members of the Commission shall serve
without compensation but shall be reimbursed for travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(5) Duties of commission.--Not later than 18 months after
the date of enactment of this section, the Commission shall
review the effect of the royalty provisions under this section
on the domestic hardrock mining industry and present its
findings and recommendations to the Secretary and to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives.
In conducting its review, the Commission shall--
(A) consider the economic effect of different
royalty rates on the domestic hardrock mining industry,
employment, local and regional economics, the balance
of trade, national security, and strategic supplies;
(B) determine whether there are sufficient
differences between various minerals or means of
production to support different royalty rates for
specific minerals or means of production;
(C) estimate the long-term effect of different
royalty rates on competition within the industry and
between domestic and foreign production; and
(D) consider the multiplier effect of different
royalty rates.
(6) Powers of the commission.--The Commission may--
(A) hold such hearings, sit and act at such times
and places, take such testimony, and receive such
evidence as the Commission considers advisable;
(B) use the United States mails in the same manner
and under the same conditions as other departments and
agencies of the Federal Government;
(C) enter into contracts or agreements for studies
and surveys with public and private organizations and
transfer funds to Federal agencies to carry out such
functions of the Commission as the Commission
determines to be necessary; and
(D) incur such necessary expenses and exercise such
other powers as are consistent with, and reasonably
required to perform, the functions of the Commission
under this section.
(7) Support.--The Secretary shall provide such office
space, furnishings, and equipment as may be required to enable
the Commission to carry out this section. The Secretary shall
also furnish the Commission with such staff, including clerical
support, as the Commission may require.
(8) Other federal agencies.--
(A) In general.--Upon request of the Commission,
the Secretary may request the head of any Federal
department or agency--
(i) to assist the Commission in carrying
out this section; and
(ii) to provide such information as the
Commission requires.
(B) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission.
The detail shall be without interruption or loss of
privilege, seniority, pay, or other employee status.
The Commission shall reimburse the cooperating Federal
agency for the detail of an employee.
(9) Financial and administrative services.--The Secretary
of the Interior shall provide financial and administrative
services (including those related to budgeting, accounting,
financial reporting, personnel, and procurement) to the
Commission.
(10) Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this
section.
SEC. 6. LIMITATIONS ON PATENTS.
(a) In General.--After the date of enactment of this Act, a patent
issued by the United States for any claim shall be subject to the
requirements of subsection (b) unless the Secretary determines that--
(1) a mineral survey application has been filed with the
Secretary or patent application was filed with the Secretary
within six months of date of enactment of this Act; and
(2) the claimant has made a discovery of valuable minerals
and has met or can meet all requirements applicable to vein,
lode, or placer claims and all requirements applicable to mill
site claims, as appropriate.
(b) Limitations on Patented Estate.--A patent issued by the United
States after the date of enactment of this Act shall be issued only--
(1) upon payment by the claimant of the fair market value
for the interest in the land owned by the United States
exclusive of and without regard to the mineral deposits in the
land; and
(2) upon reservation by the United States of a royalty as
provided in section 5.
SEC. 7. PLANS OF OPERATION AND RECLAMATION REQUIREMENTS.
(a) In General.--Except as otherwise provided in this subsection,
no person may engage in mineral activities on Federal land that cause
more than a minimal disturbance of surface resources (as defined in
subsection (b)) unless the person has filed a plan of operations with,
and received approval of the plan from, the Secretary.
(b) Minimal Disturbance of Surface Resources.--As used in this
section, ``minimal disturbance of surface resources'' means minor,
short-term alteration of surface resources. The Secretary may establish
categories of activities that do not constitute minimal disturbance of
surface resources.
(c) Environmental, Land Use, and Reclamation Requirements.--All
operations conducted under a plan of operations referred to in
subsection (a) shall be conducted in accordance with all applicable
Federal and State environmental laws, including--
(1) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
(2) the Clean Air Act (42 U.S.C. 7401 et seq.);
(3) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(4) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(5) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(6) the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 801 et seq.);
(7) the Federal Water Pollution Control Act (commonly
referred to as the ``Clean Water Act'') (33 U.S.C. 1251 et
seq.);
(8) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(9) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(10) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(11) the National Historic Preservation Act (16 U.S.C. 470
et seq.);
(12) title XIV of the Public Health Service Act (commonly
referred to as the ``Safe Drinking Water Act'') (42 U.S.C. 300f
et seq.);
(13) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(14) the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.); and
(15) the Uranium Mill Tailings Radiation Control Act of
1978 (42 U.S.C. 7901 et seq.).
(c) Inspection and Enforcement.--
(1) Inspections.--The Secretary shall inspect an operation
conducted under a plan of operations once each calendar quarter
to ensure compliance with the terms of an approved plan of
operations. The Secretary may, at the discretion of the
Secretary, conduct inspections more frequently than once each
calendar quarter.
(2) Enforcement.--
(A) In general.--Subject to subparagraphs (B) and
(C), a claimant who fails to obtain a plan of
operations required by this section, engages in
unauthorized occupancy under section 9, or who fails to
comply with the terms of an approved plan of
operations, shall be subject to a fine of not more than
$2,000 per day per violation.
(B) Corrective action.--A claimant shall not be
assessed a fine under subparagraph (A) if the violation
is corrected, or a means to correct the violation is in
place, within 30 days after the date on which the
claimant is notified in writing of a violation.
(C) Hearing.--No fine shall be assessed under this
paragraph unless the claimant has been given an
opportunity for a hearing on the record before the
Secretary.
(d) Reclamation of Land Patented After Enactment.--
(1) Applicable law.--Land patented after the date of
enactment of this Act shall be subject to the mining
reclamation laws of the State in which the land is located.
(2) Absence of applicable state law.--In the absence of
applicable State mining reclamation laws, land patented after
the date of enactment of this Act shall be subject to the
Federal mining reclamation laws that would have applied had the
land remained in Federal ownership.
(3) Recitation.--Each patent issued after the date of
enactment of this Act shall recite that as a condition of the
patent, the land patented shall be subject to the requirements
of this subsection.
(4) Reclamation.--Public lands disturbed by operations
approved by the Secretary shall be reclaimed as required by
applicable Federal and State laws concerning mined land
reclamation.
SEC. 8. FINANCIAL ASSURANCES.
(a) Financial Assurances Required.--Prior to the commencement of
any operations on a claim that requires a plan of operation, a claimant
shall--
(1) furnish evidence of a bond, surety, or other financial
guarantee in an amount determined by the Secretary that is not
less than the estimated cost to complete reclamation of the
land disturbed by operations as required by this Act and other
applicable mining laws; or
(2) provide evidence satisfactory to the Secretary that the
area to be affected is covered by a bonding pool that will
provide for reclamation of the land disturbed by operations as
required by this Act and other applicable mining laws.
(b) Review.--Not later than 5 years after an assurance is provided
under subsection (a), and at least each 5 years thereafter, the
Secretary shall, after consultation with representatives of the
affected States, review the financial assurances.
(c) Phased Guarantees.--The Secretary may adjust the amount of the
financial guarantee provided under subsection (a) upon a determination
by the Secretary that a portion of reclamation is completed as required
by this Act and other applicable mining laws.
(d) Release.--Prior to any reduction in, or final release of, a
bond or other financial guarantee, the Secretary shall provide for
public notice and comment.
SEC. 9. OCCUPANCY AND RESIDENCY OF CLAIMS.
(a) Prohibition.--Subject to the other provisions of this section
and valid existing rights, full- or part-time residential occupancy of
a mining claim, including the construction, presence, or maintenance of
a temporary or permanent structure that may be used for residential
occupancy purposes, shall be prohibited.
(b) Transitory Occupancy.--Residential occupancy of a claim for
purposes reasonably incident to prospecting, mining, or processing that
does not involve surface disturbance extending beyond the period of
occupancy shall be permitted for a duration of no more than 14 days
upon notice to the Secretary.
(c) Temporary occupancy.--The Secretary may approve residential
occupancy of a claim for a period in excess of 14 days as part of a
plan of operations required under applicable law, if the Secretary
determines that the occupancy is reasonably required to accomplish such
plan. Occupancy under this subsection shall of no greater duration or
extent than is necessary to accomplish the prospecting, mining, or
processing incident to the plan.
SEC. 10. MINERAL MATERIALS.
(a) Determinations.--Section 3 of the Surface Resources Act of 1955
(30 U.S.C. 611) is amended--
(1) by striking ``Sec. 3. No deposit'' and inserting the
following:
``SEC. 3 MINERAL MATERIALS.
``(a) Varieties of Minerals Not Deemed Valuable Mineral Deposits.--
No deposit'';
(2) in the first sentence, by striking ``or cinders'' and
inserting ``cinders, or clay''; and
(3) by adding at the end the following new subsection:
``(b) Disposal.--
``(1) In general.--Subject to valid existing rights (as
defined in paragraph (2)), after the date of enactment of this
section, deposits of minerals referred to in subsection (a)
(except deposits of bentonite and gypsum) shall be subject to
disposal under the terms and conditions of the Materials Act of
1947 (30 U.S.C. 601 et seq.).
``(2) Valid existing rights defined.--As used in paragraph
(1), the term `valid existing rights' means a mining claim
located for a mineral material that--
``(A) has some property that gives the claim
distinct and special value as described in subsection
(a), including so-called `block pumice' as described in
subsection (a);
``(B) was properly located and maintained under the
general mining laws on the date of enactment of this
subsection;
``(C) was supported by a discovery of a valuable
mineral deposit within the meaning of the general
mining law on the date of enactment of this subsection;
and
``(D) continues to be valid.''.
(b) Mineral Materials Subject to Right of the United States for
Disposal and Severance.--Subsections (b) and (c) of section 4 of the
Surface Resources Act of 1955 (30 U.S.C. 612) is amended by inserting
``and mineral material'' after ``vegetative'' both places it appears .
(c) Conforming Amendment.--The first sentence of section 1 of the
Materials Act of 1947 (30 U.S.C. 601) is amended by striking ``common
varieties of''.
SEC. 11. RECEIPTS.
Two-thirds of the receipts from location and maintenance fees
required by section 4, royalties required by section 5, and payments
required by section 6 shall be paid into the Treasury of the United
States and deposited as miscellaneous receipts. One-third of the
receipts from any claim, patent, or millsite shall be paid by the
Secretary of the Treasury to the treasury of the State in which such
claim, patent, or millsite is located.
SEC. 12. ABANDONED HARDROCK MINE RECLAMATION PROGRAM.
(a) Establishment.--There is established a program to be known as
the Abandoned Hardrock Mine Reclamation Program (referred to in this
section as the ``Program''). The Program shall be administered by the
Secretary of the Interior acting through the Director of the Bureau of
Land Management.
(b) Description of Program.--
(1) In general.--The Secretary is authorized to make grants
to eligible States (as defined in subsection (e)) for the
reclamation and restoration of land and water resources
adversely affected by past hardrock mining (other than coal and
fluid known minerals). The grants may be used for--
(A) the reclamation and restoration of abandoned
surface mined areas;
(B) the reclamation and restoration of abandoned
milling and processing areas;
(C) the sealing, filling, and grading of abandoned
deep mine entries;
(D) the planting of land adversely affected by past
mining to prevent erosion and sedimentation;
(E) the prevention, abatement, treatment, and
control of water pollution created by abandoned mine
drainage;
(F) the control of surface subsidence due to
abandoned deep mines; and
(G) such other projects as may be necessary to
accomplish this Act.
(2) Priorities.--Expenditure of grant funds by the
Secretary shall reflect the following priorities in the order
stated:
(A) The protection of public health, safety, and
general welfare from the adverse effects of past
hardrock mining practices.
(B) The restoration of land and water resources
previously degraded by the adverse effects of past
minerals and mineral materials mining practices.
(c) Eligible Areas.--
(1) Eligibility in general.--Subject to paragraph (2), land
and water eligible for reclamation expenditures under this
section shall be those--
(A) that were mined or processed for minerals and
mineral materials or abandoned or left in an inadequate
reclamation status prior to the date of enactment of
this section;
(B) for which the Secretary (or State) makes a
determination that there is no continuing reclamation
responsibility under Federal or State laws; and
(C) for which it can be established that the land
does not contain minerals that could economically be
extracted through the reprocessing or remining, unless
the consideration is in conflict with the priorities
set forth under subparagraphs (A) and (B) of subsection
(b)(2).
(2) Specific sites and areas not eligible.--Areas
designated for remedial action pursuant to the Uranium Mill
Tailing 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 expenditure under this section.
(d) Allocation and Expenditures.--
(1) Allocations.--
(A) In general.--Funds available for expenditure by
the Secretary shall be allocated on an annual basis in
the form of grants to eligible States, or in the form
of expenditures under subsection (d)(2), to carry out
this Act.
(B) Distribution.--The Secretary shall distribute
the funds equitably to eligible States, giving due
consideration to the priorities stated in subsection
(b)(2).
(2) Direct federal expenditures.--The Secretary makes
grants to States not eligible under subsection (e) based on the
greatest need for the funds pursuant to the priorities stated
in subsection (b)(2).
(e) State Reclamation Programs.--
(1) Eligible states.--For the purpose of subsection (d),
the term ``eligible States'' are States that the Secretary
determines meets each of the following requirements:
(A) Within the State there are mined lands, waters,
and facilities eligible for reclamation under
subsection (c).
(B) The State has developed an inventory of
affected areas following the priorities established
under subsection (b)(2).
(C) The State has established, and the Secretary
has approved, a State abandoned minerals and mineral
materials mine reclamation program for the purpose of
receiving and administering grants under this section.
(2) Monitoring.--The Secretary shall monitor the
expenditure of State grants to ensure that the grants are being
utilized to carry out this Act.
(3) State programs.--The Secretary shall approve any State
abandoned minerals mine reclamation program submitted to the
Secretary by a State under this section if the Secretary finds
that the State has the means and necessary State legislation to
implement the program and that the program complies with this
section.
(f) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated such sums as are necessary to
carry out this section.
(2) Limitation.--The amount annually authorized to be
appropriated under this subsection shall not exceed the sums
paid into the Treasury of the United States, and deposited as
miscellaneous receipts, pursuant to section 11 for the fiscal
year preceding the authorization.
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