II 

112TH CONGRESS 

1ST SESSION S. 1455 

To amend the Surface Mining Control and Reclamation Act of 1977 to 

authorize certified States and tribes to use amounts made available 

from the Abandoned Mine Reclamation Fund for hard rock and coal 

mining reclamation projects and to extend liability protection to certified 

States and Indian tribes carrying out approved abandoned mine reclamation programs. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2011 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Surface Mining Control and Reclamation Act 

of 1977 to authorize certified States and tribes to use 

amounts made available from the Abandoned Mine Reclamation Fund for hard rock and coal mining reclamation projects and to extend liability protection to certified 

States and Indian tribes carrying out approved abandoned mine reclamation programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Surface Mining Con3 trol and Reclamation Act Amendments Act of 2011’’. 

4 SEC. 2. AMENDMENTS TO THE SURFACE MINING CONTROL 

5 AND RECLAMATION ACT OF 1977. 

6 (a) STATE RECLAMATION PROGRAM.—Section 405 of 

7 the Surface Mining Control and Reclamation Act of 1977 

8 (30 U.S.C. 1235) is amended in subsection (h) by striking 

9 ‘‘subsection 402(g)’’ and inserting ‘‘subsections (g) and 

10 (i)(2) of section 402’’. 

11 (b) CERTIFICATION.—Section 411 of the Surface 

12 Mining Control and Reclamation Act of 1977 (30 U.S.C. 

13 1240a) is amended— 

14 (1) by striking subsection (b) and inserting the 

15 following— 

16 ‘‘(b) ELIGIBLE LAND, WATER, AND FACILITIES.— 

17 ‘‘(1) IN GENERAL.—If the Secretary has con18 curred in a State or tribal certification under sub19 section (a)— 

20 ‘‘(A) section 404 shall not apply; and 

21 ‘‘(B) any amounts received by the State or 

22 Indian tribe under this title may be used for eli23 gible land, water, and facilities— 

24 ‘‘(i) that were— 


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1 ‘‘(I) mined or processed for min2 erals or affected by such mining or 

3 processing; and 

4 ‘‘(II) abandoned or left in an in5 adequate reclamation status before 

6 August 3, 1977; and 

7 ‘‘(ii) for which no continuing reclama8 tion responsibility exists under State or 

9 other Federal laws. 

10 ‘‘(2) APPLICABLE DATE FOR FOREST SERVICE

11 AND BLM.—In determining the eligibility under this 

12 subsection of Federal land, waters, and facilities 

13 under the jurisdiction of the Forest Service or Bu14 reau of Land Management, instead of the date re15 ferred to in paragraph (1)(B)(i)(II) the applicable 

16 date shall be August 28, 1974, and November 26, 

17 1980, respectively.’’; 

18 (2) in subsection (f), by striking ‘‘annual grants 

19 made available under section 402(g)(1)’’ and insert20 ing ‘‘amounts received under subsections (g) and 

21 (i)(2) of section 402’’; and 

22 (3) in subsection (h), by adding at the end the 

23 following: 

24 ‘‘(5) APPROVED ABANDONED MINE RECLAMA25 TION PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—Any State or Indian 

2 tribe that makes a certification under sub3 section (a) in which the Secretary concurs may 

4 use any amounts received under this title to 

5 carry out an approved abandoned mine rec6 lamation program in accordance with sub7 sections (b) through (g). 

8 ‘‘(B) LIABILITY.—Section 405(l) shall 

9 apply to both uncertified and certified States or 

10 Indian tribes in carrying out an abandoned 

11 mine reclamation program approved under this 

12 title.’’. 

Æ 


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