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108th CONGRESS
1st Session
S. 44
To amend the Internal Revenue Code of 1986 to repeal the percentage
depletion allowance for certain hardrock mines, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. Feingold (for himself and Ms. Cantwell) introduced the following
bill; which was read twice and referred to the Committee on Finance
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A BILL
To amend the Internal Revenue Code of 1986 to repeal the percentage
depletion allowance for certain hardrock mines, 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 TITLE.
This Act may be cited as the ``Elimination of Double Subsidies for
the Hardrock Mining Industry Act of 2003''.
SEC. 2. REPEAL OF PERCENTAGE DEPLETION ALLOWANCE FOR CERTAIN HARDROCK
MINES.
(a) In General.--Section 613(a) of the Internal Revenue Code of
1986 (relating to percentage depletion) is amended by inserting
``(other than hardrock mines located on lands subject to the general
mining laws or on land patented under the general mining laws)'' after
``In the case of the mines''.
(b) General Mining Laws Defined.--Section 613 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(f) General Mining Laws.--For purposes of subsection (a), the
term `general mining laws' means those Acts which generally comprise
chapters 2, 12A, and 16, and sections 161 and 162 of title 30 of the
United States Code.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 3. ABANDONED MINE RECLAMATION FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to establishment of trust funds) is amended by
adding at the end the following:
``SEC. 9511. ABANDONED MINE RECLAMATION FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Abandoned Mine
Reclamation Trust Fund' (in this section referred to as `Trust Fund'),
consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Trust Fund amounts equivalent to 25 percent of the additional
revenues received in the Treasury by reason of the amendments made by
section 2 of the Elimination of Double Subsidies for the Hardrock
Mining Industry Act of 2003.
``(c) Expenditures From Trust Fund.--
``(1) In general.--Amounts in the Trust Fund shall be
available, as provided in appropriation Acts, to the Secretary
of the Interior for--
``(A) the reclamation and restoration of lands and
water resources described in paragraph (2) adversely
affected by mineral (other than coal and fluid
minerals) and mineral material mining, including--
``(i) reclamation and restoration of
abandoned surface mine areas and abandoned
milling and processing areas,
``(ii) sealing, filling, and grading
abandoned deep mine entries,
``(iii) planting on lands adversely
affected by mining to prevent erosion and
sedimentation,
``(iv) prevention, abatement, treatment,
and control of water pollution created by
abandoned mine drainage, and
``(v) control of surface subsidence due to
abandoned deep mines, and
``(B) the expenses necessary to accomplish the
purposes of this section.
``(2) Lands and water resources.--
``(A) In general.--The lands and water resources
described in this paragraph are lands within States
that have land and water resources subject to the
general mining laws or lands patented under the general
mining laws--
``(i) which were mined or processed for
minerals and mineral materials or which were
affected by such mining or processing, and
abandoned or left in an inadequate reclamation
status before the date of the enactment of this
section,
``(ii) for which the Secretary of the
Interior makes a determination that there is no
continuing reclamation responsibility under
State or Federal law, and
``(iii) for which it can be established to
the satisfaction of the Secretary of the
Interior that such lands or resources do not
contain minerals which could economically be
extracted through remining of such lands or
resources.
``(B) Certain sites and areas excluded.--The lands
and water resources described in this paragraph shall
not include sites and areas which are designated for
remedial action under the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.)
or which are listed for remedial action under the
Comprehensive Environmental Response Compensation and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
``(3) General mining laws.--For purposes of paragraph (2),
the term `general mining laws' means those Acts which generally
comprise chapters 2, 12A, and 16, and sections 161 and 162 of
title 30 of the United States Code.''.
(b) Conforming Amendment.--The table of sections for subchapter A
of chapter 98 of the Internal Revenue Code of 1986 is amended by adding
at the end the following:
``Sec. 9511. Abandoned Mined Reclamation Trust Fund.''.
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