H.R.2818 - To repeal the pilot recreation fee program, and to establish a royalty on hardrock minerals, the proceeds of which are to be used for public recreational sites managed by the Department of the Interior or the United States Forest Service, and for other purposes.105th Congress (1997-1998)
|Sponsor:||Rep. DeFazio, Peter A. [D-OR-4] (Introduced 11/05/1997)|
|Committees:||House - Resources|
|Latest Action:||House - 11/13/1997 Referred to the Subcommittee on Energy and Mineral Resources. (All Actions)|
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Text: H.R.2818 — 105th Congress (1997-1998)All Information (Except Text)
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Introduced in House (11/05/1997)
[Congressional Bills 105th Congress] [From the U.S. Government Printing Office] [H.R. 2818 Introduced in House (IH)] 105th CONGRESS 1st Session H. R. 2818 To repeal the pilot recreation fee program, and to establish a royalty on hardrock minerals, the proceeds of which are to be used for public recreational sites managed by the Department of the Interior or the United States Forest Service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES November 5, 1997 Mr. DeFazio (for himself, Ms. Furse, Mr. Markey, Mr. Stark, Mr. Frank of Massachusetts, Mrs. Maloney of New York, Ms. Hooley of Oregon, and Mr. Luther) introduced the following bill; which was referred to the Committee on Resources. _______________________________________________________________________ A BILL To repeal the pilot recreation fee program, and to establish a royalty on hardrock minerals, the proceeds of which are to be used for public recreational sites managed by the Department of the Interior or the United States Forest Service, 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. REPEAL OF DEMONSTRATION FEE PROGRAM. Section 101(c) of the Act of April 26, 1996, entitled ``An Act making appropriations for fiscal year 1996 to make a further downpayment toward a balanced budget, and for other purposes.'' (Public Law 104-134) is amended by striking section 315 (16 U.S.C. 460l-6a) (relating to the recreational fee demonstration program) under the heading ``Title III--General Provisions''. SEC. 2. HARDROCK MINERAL ROYALTY. (a) Reservation of Royalty.--Each person producing locatable minerals (including associated minerals) from any mining claim located under the general mining laws, or mineral concentrates derived from locatable minerals produced from any mining claim located under the general mining laws, as the case may be, shall pay the United States a royalty of 5 percent of the net smelter return from the production of such locatable minerals or concentrates, as the case may be. (b) Royalty Payments.--Each person responsible for making royalty payments under this section shall make such payments to the Secretary not later than 30 days after the end of the calendar month in which the mineral or mineral concentrates are produced and first placed in marketable condition, consistent with prevailing practices in the industry. (c) Reporting Requirements.--All persons holding mining claims located under the general mining laws shall provide to the Secretary such information as determined necessary by the Secretary to ensure compliance with this section, including, but not limited to, quarterly reports, records, documents, and other data. Such reports may also include, but not be limited to, pertinent technical and financial data relating to the quantity, quality, and amount of all minerals extracted from the mining claim. (d) Audits.--The Secretary is authorized to conduct such audits of all persons holding mining claims located under the general mining laws as he deems necessary for the purposes of ensuring compliance with the requirements of this section. (e) Disposition of Receipts.--All receipts from royalties collected pursuant to this section shall be available, without further appropriation, to the following agencies in the percentages specified: (1) Forest Service (20 percent). (2) National Park Service (70 percent). (3) Fish and Wildlife Service (3 percent). (4) Bureau of Land Management (6 percent). Such receipts shall be used to increase the quality of the visitor experience at public recreational sites, for backlogged repair and maintenance projects (including projects relating to health and safety) at such sites, and for interpretation, signage, habitat or facility enhancement, resource preservation, annual operation and maintenance of public recreation sites, and law enforcement relating to public use of such areas. In addition, 1 percent of the receipts shall be available to the Department of the Interior to offset the costs of administering the royalty imposed under this section. (f) Compliance.--Any person holding mining claims located under the general mining laws who knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading information required by this section, or fails or refuses to submit such information, shall be subject to a civil penalty of not more than $10,000 imposed by the Secretary. (g) Effective Date.--This section shall take effect with respect to minerals produced from a mining claim in calendar months beginning after the enactment of this Act. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``locatable minerals'' means minerals not subject to disposition under any of the following: (A) The Mineral Leasing Act (30 U.S.C. 181 and following). (B) The Geothermal Steam Act of 1970 (30 U.S.C. 100 and following). (C) The Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (D) The Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 and following). (2) The term ``net smelter return'' has the same meaning provided in section 613 of the Internal Revenue Code of 1986 (26 U.S.C. 613) for ``gross income from mining''. (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``general mining laws'' means those Acts which generally comprise chapters 2, 12A, and 16, and sections 161 and 162 of title 30, United States Code. <all>