Item 9A. Controls and Procedures.

(a) Evaluation of disclosure controls and procedures. Our chief executive officer and chief financial officer, with the participation of management, have evaluated the effectiveness of our “disclosure controls and procedures” (as defined in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act of 1934) as of the end of the period covered by this annual report on Form 10-K. Based on their evaluation, they have concluded that our disclosure controls and procedures are effective as of the end of the period covered by this report.

(b) Changes in internal controls. During the fourth quarter of 2013, we completed implementation, originally begun in 2011, of a new enterprise resource planning (ERP) information technology system to upgrade our information technology infrastructure and enhance operating efficiency and effectiveness across our mining operations. Appropriate training of employees, testing of the system and monitoring of the financial results recorded in the system were conducted during the implementation, and management has updated our system of internal control over financial reporting for the impacted operating business units.

During second-quarter 2013, we completed our acquisitions of Plains Exploration & Production Company and McMoRan Exploration Co. (collectively known as FM O&G). We consider these oil and gas acquisitions material to our results of operations, financial position and cash flows. As of December 31, 2013, the assets of FM O&G represented 41 percent of our total assets, and revenue from the FM O&G operations for the seven month period following the acquisitions represented 13 percent of our total revenue for the year 2013. Refer to Note 2 for additional information regarding our oil and gas acquisitions.

We have completed the integration of FM O&G internal controls and procedures and extended our Sarbanes-Oxley Act Section 404 compliance program to include FM O&G.

With the exception of the ERP implementation and the FM O&G integration activities described above, there has been no change in our internal control over financial reporting that occurred during the three months ended

December 31, 2013, that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

(c) Management’s annual report on internal control over financial reporting and the report thereon of Ernst & Young LLP are included herein under Item 8. “Financial Statements and Supplemental Data.”