I 

109TH CONGRESS 

1ST SESSION H. R. 1600

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

reauthorize and reform the Abandoned Mine Reclamation Program, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2005

Mrs. CUBIN (for herself, Mr. RAHALL, Mr. SHIMKUS, Mr. COSTELLO, and Mr. 

NEY) introduced the following bill; which was referred to the Committee 

on Resources 

A BILL

To amend the Surface Mining Control and Reclamation Act 

of 1977 to reauthorize and reform the Abandoned Mine 

Reclamation Program, and for other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Abandoned Mine 

5 Lands Reclamation Reform Act of 2005’’. 

6 SEC. 2. AMENDMENTS TO SURFACE MINING ACT. 

7 (a) AMENDMENTS TO SECTION 401.—(1) Section 

8 401 of the Surface Mining Control and Reclamation Act 

9 of 1977 (30 U.S.C. 1231) is amended as follows: 
2

•HR 1600 IH 

1 (A) In subsection (c) by striking paragraphs (2) 

2 and (6) and redesignating paragraphs (3) through 

3 (13) in order as paragraphs (2) through (11). 

4 (B) In subsection (e)—

5 (i) in the second sentence, by striking ‘‘the 

6 needs of such fund’’ and inserting ‘‘achieving 

7 the purposes of the transfers under section 

8 402(h)’’; and 

9 (ii) in the third sentence, by inserting be10 fore the period the following: ‘‘for the purpose 

11 of the transfers under section 402(h).’’. 

12 (2) Section 712(b) of the Surface Mining Control and 

13 Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended 

14 by striking ‘‘section 401(c)(11)’’ and inserting ‘‘section 

15 401(c)(9)’’. 

16 (b) AMENDMENTS TO SECTION 402.—Section 402 of 

17 the Surface Mining Control and Reclamation Act of 1977 

18 (30 U.S.C. 1232) is amended as follows: 

19 (1) In subsection (a)—

20 (A) by striking ‘‘35’’ and inserting ‘‘28’’; 

21 (B) by striking ‘‘15’’ and inserting ‘‘12’’; 

22 and 

23 (C) by striking ‘‘10 cents’’ and inserting 

24 ‘‘8 cents’’. 
3

•HR 1600 IH 

1 (2) In subsection (b) by striking ‘‘June 30, 

2 2005’’ and all that follows through the end of the 

3 sentence and inserting ‘‘September 30, 2020.’’. 

4 (3) In subsection (g)(1)(D) by striking ‘‘in any 

5 area under paragraph (2), (3), (4), or (5)’’ and in6 serting ‘‘under paragraph (5)’’. 

7 (4) Subsection (g)(2) is amended to read as fol8 lows: 

9 ‘‘(2) In making the grants referred to in para10 graph (1)(C) and the grants referred to in para11 graph (5), the Secretary shall ensure strict compli12 ance by the States and Indian tribes with the prior13 ities set forth in section 403(a) until a certification 

14 is made under section 411(a).’’. 

15 (5) In subsection (g)(3)—

16 (A) in the matter preceding subparagraph 

17 (A) by striking ‘‘paragraphs (2) and’’ and in18 serting ‘‘paragraph’’; 

19 (B) in subparagraph (A) by striking 

20 ‘‘401(c)(11)’’ and inserting ‘‘401(c)(9)’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(E) For the purpose of paragraph (8).’’. 

23 (6) In subsection (g)(5)—

24 (A) by inserting ‘‘(A)’’ before the first sen25 tence; 
4

•HR 1600 IH 

1 (B) in the first sentence by striking ‘‘40’’ 

2 and inserting ‘‘60’’; 

3 (C) in the last sentence by striking ‘‘Funds 

4 allocated or expended by the Secretary under 

5 paragraphs (2), (3), or (4),’’ and inserting 

6 ‘‘Funds made available under paragraph (3) or 

7 (4)’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(B) Any amount that is reallocated and available 

10 under section 411(h)(3) shall be in addition to amounts 

11 that are allocated under subparagraph (A).’’. 

12 (7) Subsection (g)(6) is amended to read as fol13 lows: 

14 ‘‘(6)(A) Any State with an approved abandoned mine 

15 reclamation program pursuant to section 405 may receive 

16 and retain, without regard to the 3-year limitation re17 ferred to in paragraph (1)(D), up to 10 percent of the 

18 total of the grants made annually to such State under 

19 paragraphs (1) and (5) if such amounts are deposited into 

20 an acid mine drainage abatement and treatment fund es21 tablished under State law, from which amounts (together 

22 with all interest earned on such amounts) are expended 

23 by the State for the abatement of the causes and the treat24 ment of the effects of acid mine drainage in a comprehen-
5

•HR 1600 IH 

1 sive manner within qualified hydrologic units affected by 

2 coal mining practices. 

3 ‘‘(B) For the purposes of this paragraph, the term 

4 ‘qualified hydrologic unit’ means a hydrologic unit—

5 ‘‘(i) in which the water quality has been signifi6 cantly affected by acid mine drainage from coal min7 ing practices in a manner that adversely impacts bi8 ological resources; and 

9 ‘‘(ii) that contains lands and waters that are—

10 ‘‘(I) eligible pursuant to section 404 and 

11 include any of the priorities set forth in section 

12 403(a); and 

13 ‘‘(II) the subject of expenditures by the 

14 State from the forfeiture of bonds required 

15 under section 509 or from other States sources 

16 to abate and treat acid mine drainage.’’. 

17 (8) Subsection (g)(7) is amended to read as fol18 lows: 

19 ‘‘(7) In complying with the priorities set forth in sec20 tion 403(a), any State or Indian tribe may use amounts 

21 available in grants made annually to such State or tribe 

22 under paragraphs (1) and (5) for the reclamation of eligi23 ble lands and waters set forth in section 403(a)(3) prior 

24 to the completion of reclamation projects under para25 graphs (1) and (2) of section 403(a) only if the expendi-
6

•HR 1600 IH 

1 ture of funds for such reclamation is done in conjunction 

2 with the expenditure of funds for reclamation projects 

3 under paragraphs (1) and (2) of section 403(a).’’. 

4 (9) Subsection (g)(8) is amended to read as fol5 lows: 

6 ‘‘(8) In making the grants referred to in paragraph 

7 (1)(C), the Secretary, using amounts allocated to a State 

8 or Indian tribe under subparagraphs (A) or (B) of para9 graph (1) or as necessary amounts available to the Sec10 retary under paragraph (3), shall assure total grant 

11 awards of not less than $2,000,000 annually to each State 

12 and each Indian tribe. Notwithstanding any other provi13 sion of law, this paragraph applies to the State of Ten14 nessee.’’. 

15 (c) AMENDMENTS TO SECTION 403.—Section 403 of 

16 the Surface Mining Control and Reclamation Act of 1977 

17 (30 U.S.C. 1233(a)) is amended as follows: 

18 (1) In subsection (a)—

19 (A) in paragraph (1) by striking ‘‘general 

20 welfare,’’; 

21 (B) in paragraph (2) by striking ‘‘health, 

22 safety, and general welfare’’ and inserting 

23 ‘‘health and safety’’, and inserting ‘‘and’’ after 

24 the semicolon at the end; 
7

•HR 1600 IH 

1 (C) in paragraph (3) by striking the semi2 colon at the end and inserting a period; and 

3 (D) by striking paragraphs (4) and (5). 

4 (2) In subsection (b)—

5 (A) by striking the heading and inserting 

6 ‘‘Water Supply Restoration.—’’; and 

7 (B) in paragraph (1) by striking ‘‘up to 30 

8 percent of the’’. 

9 (3) In subsection (c) by inserting ‘‘, subject to 

10 the approval of the Secretary,’’ after ‘‘amendments’’. 

11 (d) AMENDMENT TO SECTION 406.—Section 406(h) 

12 of the Surface Mining Control and Reclamation Act of 

13 1977 (30 U.S.C. 1236(h)) is amended by striking ‘‘Soil 

14 Conservation Service’’ and inserting ‘‘Natural Resources 

15 Conservation Service’’. 

16 (e) FURTHER AMENDMENT TO SECTION 406.—Sec17 tion 406 of the Surface Mining Control and Reclamation 

18 Act of 1977 (30 U.S.C. 1236) is amended by adding at 

19 the end the following: 

20 ‘‘(i) There is authorized to be appropriated to the 

21 Secretary of Agriculture, from amounts in the Treasury 

22 other than amounts in the fund, such sums as may be 

23 necessary to carry out this section.’’. 

24 (f) AMENDMENT TO SECTION 408.—Section 408(a) 

25 of the Surface Mining Control and Reclamation Act of 
8

•HR 1600 IH 

1 1977 (30 U.S.C. 1238) is amended by striking ‘‘who 

2 owned the surface prior to May 2, 1977, and’’. 

3 (g) AMENDMENTS TO SECTION 411.—Section 411 of 

4 the Surface Mining Control and Reclamation Act of 1977 

5 (30 U.S.C. 1240a) is amended as follows: 

6 (1) In subsection (a) by inserting ‘‘(1)’’ before 

7 the first sentence, and by adding at the end the fol8 lowing: 

9 ‘‘(2) The Secretary may, on the Secretary’s own voli10 tion, make the certification referred to in paragraph (1) 

11 on behalf of any State or Indian tribe referred to in para12 graph (1) if on the basis of the inventory referred to in 

13 section 403(c) all reclamation projects relating to the pri14 orities set forth in section 403(a) for eligible lands and 

15 water pursuant to section 404 in such State or tribe have 

16 been completed. The Secretary shall only make such cer17 tification after notice in the Federal Register and oppor18 tunity for public comment.’’. 

19 (2) By adding at the end the following: 

20 ‘‘(h) STATE SHARE FOR CERTAIN CERTIFIED

21 STATES.—(1)(A) From moneys referred to in subsection 

22 (a) of section 35 of the Mineral Leasing Act (30 U.S.C. 

23 191(a)) that are paid into the Treasury after the date of 

24 the enactment of this subsection and that are not paid 

25 to States under section 35 of the Mineral Leasing Act or 
9

•HR 1600 IH 

1 reserved as part of the reclamation fund under such sec2 tion, the Secretary shall pay to each qualified State, on 

3 a proportional basis, an amount equal to the sum of the 

4 aggregate unappropriated amount allocated to such quali5 fied State under section 402(g)(1)(A). 

6 ‘‘(B) In this paragraph the term ‘qualified State’ 

7 means a State for which a certification is made under sub8 section (a) and in which there are public domain lands 

9 available for leasing under the Mineral Leasing Act (30 

10 U.S.C. 181 et seq.) 

11 ‘‘(2) Payments to States under this subsection shall 

12 be made, without regard to any limitation in section 

13 401(d), in the same manner as if paid under section 35 

14 of the Mineral Leasing Act (30 U.S.C. 191) and concur15 rently with payments to States under that section. 

16 ‘‘(3) The amount allocated to any State under section 

17 402(g)(1)(A) that is paid to such State as a result of a 

18 payment under paragraph (1) of this subsection shall be 

19 reallocated and available for grants under section 

20 402(g)(5).’’. 

21 (h) EXTENSION OF LIMITATION ON APPLICATION OF

22 PROHIBITION ON ISSUANCE OF PERMIT.—Section 510(e) 

23 of the Surface Mining Control and Reclamation Act of 

24 1977 (30 U.S.C. 1260(e)) is amended by striking ‘‘2004’’ 

25 and inserting ‘‘2020’’. 
10

•HR 1600 IH 

1 SEC. 3. TRANSFERS OF INTEREST EARNED BY ABANDONED 

2 MINE RECLAMATION FUND. 

3 Section 402(h) of the Surface Mining Control and 

4 Reclamation Act of 1977 (30 U.S.C. 1232(h)) is amended 

5 to read as follows: 

6 ‘‘(h) TRANSFERS OF INTEREST EARNED BY FUND.—

7 ‘‘(1) IN GENERAL.—The Secretary shall, as of 

8 the beginning of each fiscal year beginning on or 

9 after October 1, 2005, and before making any allo10 cation with respect to the fiscal year under sub11 section (g), use an amount not to exceed the amount 

12 of interest that the Secretary estimates will be 

13 earned and paid to the fund during the fiscal year 

14 to make the transfers described in paragraph (2). 

15 ‘‘(2) TRANSFERS DESCRIBED.—The transfers 

16 referred to in paragraph (1) are the following: 

17 ‘‘(A) UNITED MINE WORKERS OF AMERICA

18 COMBINED BENEFIT FUND.—A transfer to the 

19 United Mine Workers of America Combined 

20 Benefit Fund, in an amount equal to the dif21 ference between—

22 ‘‘(i) the amount that the trustees of 

23 the Combined Benefit Fund estimate will 

24 be expended from the premium accounts 

25 maintained by the Combined Benefit Fund 
11

•HR 1600 IH 

1 for the fiscal year of the fund in which the 

2 transfer is made; minus 

3 ‘‘(ii) the amount the trustees of the 

4 Combined Benefit Fund estimate the Com5 bined Benefit Fund will receive during 

6 such fiscal year in required health benefit 

7 premiums. 

8 ‘‘(B) UNITED MINE WORKERS OF AMERICA

9 1992 BENEFIT PLAN.—A transfer to the United 

10 Mine Workers of America 1992 Benefit Plan, in 

11 an amount equal to the difference between—

12 ‘‘(i) the amount that the trustees of 

13 the 1992 Benefit Plan estimate will be ex14 pended from the 1992 Benefit Plan during 

15 the next calendar year to provide the bene16 fits required by the 1992 Benefit Plan on 

17 the date of enactment of this subpara18 graph; minus 

19 ‘‘(ii) the amount that the trustees of 

20 the 1992 Benefit Plan estimate the 1992 

21 Benefit Plan will receive during such cal22 endar year in required monthly per bene23 ficiary premiums, including the amount of 

24 any security provided to the 1992 Benefit 
12

•HR 1600 IH 

1 Plan that is available for use in the provi2 sion of benefits. 

3 ‘‘(C) MULTIEMPLOYER HEALTH BENEFIT

4 PLAN.—A transfer to the multiemployer health 

5 benefit plan established after July 20, 1992, by 

6 the parties that are the settlors of the 1992 

7 Benefit Plan referred to in subparagraph (B), 

8 in an amount equal to the difference between—

9 ‘‘(i) the amount that the trustees of 

10 the multiemployer health benefit plan esti11 mate will be expended from such plan dur12 ing the next calendar year, to provide ben13 efits no greater than those provided by 

14 such plan on the date of enactment of this 

15 subparagraph; minus 

16 ‘‘(ii) the amount of income that such 

17 trustees estimate such plan will receive 

18 during such calendar year. 

19 ‘‘(3) ADJUSTMENT.—If, for any fiscal year, the 

20 amount of a transfer under subparagraph (A), (B), 

21 or (C) of paragraph (2) is more or less than the 

22 amount required to be transferred under that sub23 paragraph, the Secretary shall appropriately adjust 

24 the amount transferred under that subparagraph for 

25 the next fiscal year. 
13

•HR 1600 IH 

1 ‘‘(4) ADDITIONAL AMOUNTS.—

2 ‘‘(A) PREVIOUSLY CREDITED INTEREST.—

3 Notwithstanding any other provision of law, any 

4 interest credited to the fund that has not pre5 viously been transferred to the Combined Ben6 efit Fund referred to in paragraph (2)(A) under 

7 this section shall be used—

8 ‘‘(i) to transfer to the Combined Ben9 efit Fund such amounts as are estimated 

10 by the trustees of the Combined Benefit 

11 Fund to offset the amount of any deficit in 

12 net assets in the Combined Benefit Fund; 

13 and 

14 ‘‘(ii) to the extent any such interest 

15 remains after the transfer under clause (i), 

16 to make the transfers described in sub17 paragraphs (A), (B), and (C) of paragraph 

18 (2). 

19 ‘‘(B) PREVIOUSLY ALLOCATED

20 AMOUNTS.—All amounts allocated under sub21 section (g)(2), including interest, before the 

22 date of enactment of this subparagraph for the 

23 program set forth under section 406, but not 

24 appropriated prior to such date, shall be avail-
14

•HR 1600 IH 

1 able to the Secretary to make the transfers de2 scribed in paragraph (2). 

3 ‘‘(5) LIMITATIONS.—

4 ‘‘(A) AVAILABILITY OF FUNDS FOR NEXT

5 FISCAL YEAR.—The Secretary may make trans6 fers under subparagraphs (B) and (C) of para7 graph (2) for a fiscal year only if the Secretary 

8 determines, using actuarial projections provided 

9 by the trustees of the Combined Benefit Fund 

10 referred to in paragraph (2)(A), that amounts 

11 will be available under paragraph (1), after 

12 such transfer, for the next fiscal year for mak13 ing the transfer under paragraph (2)(A). 

14 ‘‘(B) RATE OF CONTRIBUTIONS OF OBLI15 GORS.—A transfer under paragraph (2)(C) 

16 shall not be made for a fiscal year unless the 

17 persons that are obligated to contribute to the 

18 plan referred to in paragraph (2)(C) on the 

19 date of the transfer are obligated to make such 

20 contributions at rates that are no less than 

21 those in effect on the date of enactment of this 

22 subparagraph. 

23 ‘‘(C) NUMBER OF ELIGIBLE BENE24 FICIARIES.—Transfers under paragraph (2)(C) 

25 shall not exceed the amount required to provide 
15

•HR 1600 IH 

1 benefits required by the plan referred to in 

2 paragraph (2)(C) to the number of eligible 

3 beneficiaries under such plan as of December 

4 31, 2005.’’. 

5 SEC. 4. PROVISIONS RELATING TO THE IMPLEMENTATION 

6 OF THIS ACT. 

7 (a) TRANSITION RULES.—(1) Amounts allocated 

8 under section 402(g)(2) of the Surface Mining Control 

9 and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (ex10 cluding interest) prior to the date of enactment of this 

11 Act for the program set forth under section 406 of that 

12 Act (30 U.S.C. 1236), but not appropriated prior to such 

13 date, shall be available in fiscal year 2005 and thereafter 

14 for the transfers referred to in section 402(h) of such Act 

15 (30 U.S.C. 1232(h)), as amended by this Act, in the same 

16 manner as are other amounts available for such transfers. 

17 (2) Notwithstanding any other provision of law, inter18 est credited to the fund established by section 401 of the 

19 Surface Mining Control and Reclamation Act of 1977 (30 

20 U.S.C. 1231) that is not transferred to the Combined 

21 Benefit Fund referred to in section 402(h) of such Act 

22 (30 U.S.C. 1232(h)), as amended by this Act, prior to the 

23 date of enactment of this Act shall be available in fiscal 

24 year 2005 and thereafter for the transfers referred to in 

25 section 402(h) of such Act (30 U.S.C. 1232(h)), as 
16

•HR 1600 IH 

1 amended by this Act, in the same manner as are other 

2 amounts available for such transfers. 

3 (b) INVENTORY.—Within one year after the date of 

4 enactment of this Act, the Secretary of the Interior shall 

5 complete a review of all additions made, pursuant to 

6 amendments offered by States and Indian tribes after De7 cember 31, 1998, to the inventory referred to in section 

8 403(c) of the Surface Mining Control and Reclamation 

9 Act of 1977 (30 U.S.C. 1233(c)) to ensure that such addi10 tions reflect eligible lands and waters pursuant to section 

11 404 of such Act (30 U.S.C. 1234) that meet the priorities 

12 set forth in paragraphs (1) and (2) of section 403(a) of 

13 such Act (30 U.S.C. 1233(a) (1) and (2)), and are cor14 rectly identified pursuant to such priorities. Any lands or 

15 waters that were included in the inventory pursuant to the 

16 general welfare standard set forth in section 403(a) of 

17 such Act (30 U.S.C. 1233(a)) before the date of enact18 ment of this Act that are determined in the review to no 

19 longer meet the criteria set forth in paragraphs (1) and 

20 (2) of section 403(a) of such Act, as amended by this Act, 

21 shall be removed from the inventory.

Æ