Sec. 402. Displaced material reclamation fee
268 words·~1 min read·
/bill/119/hr/1865/ih/section-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (g), each operator conducting mineral activities shall pay to the Secretary a displaced material reclamation fee of 7 cents per ton of displaced material. An operator shall pay the reclamation fee required by subsection
(a)with respect to each calendar year beginning with the first calendar year that begins after the effective date of this Act not later than March 1 of the succeeding year. Each operator conducting mineral activities shall submit to the Secretary a statement of the amount of displaced material produced during mineral activities carried out during the preceding calendar year, the accuracy of which shall be sworn to by the operator and notarized. Any corporate officer, agent, or director of an operator conducting mineral activities, and any other person acting on behalf of such a person, who knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification required under this section with respect to such mineral activities shall, upon conviction, be punished by a fine of not more than $10,000 for deposit in the Abandoned Hardrock Mine Reclamation Program. Any portion of the reclamation fee required under subsection
(a)that is not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from the operator, in any court of competent jurisdiction in any action at law to compel payment of debts. Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law or regulation of any State. The fee under this section shall not apply for a small miner’s lease.