II 

108TH CONGRESS 

2D SESSION S. 2049

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

reauthorize collection of reclamation fees, revise the abandoned mine 

reclamation program, promote remining, authorize the Office of Surface 

Mining to collect the black lung excise tax, and make sundry other 

changes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2004

Mr. SPECTER 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 reauthorize collection of reclamation fees, 

revise the abandoned mine reclamation program, promote 

remining, authorize the Office of Surface Mining to collect the black lung excise tax, and make sundry other 

changes.

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

3 SECTION 101. SHORT TITLE. 

4 This Act may be cited as the ‘‘Abandoned Mine Rec5 lamation Program Extension and Reform Act of 2004’’. 
2

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1 SEC. 102. AMENDMENTS TO THE SURFACE MINING CON2 TROL AND RECLAMATION ACT OF 1977. 

3 The Surface Mining Control and Reclamation Act of 

4 1977 (30 U.S.C. 1201 et seq.) is amended as follows: 

5 (1) Section 401(c) is amended by—

6 (A) striking paragraph (2); 

7 (B) striking the word ‘‘and’’ after the first 

8 occurrence of the word ‘‘subsidence’’ in para9 graph (1) and redesignating the portion of 

10 paragraph (1) following the deleted word as 

11 paragraph (2); and 

12 (C) striking the phrase ‘‘section 402(g)(1) 

13 of this Act’’ in paragraph (2) and inserting in 

14 its place ‘‘section 402(g)(1) or section 

15 403(b)(1) of this Act’’. 

16 (2) Section 401(c)(5) is amended by inserting 

17 before the semicolon ‘‘, and other audit and collec18 tion activities under sections 402(d) and 414(b) of 

19 this Act’’. 

20 (3) Section 401(c)(6) is amended by striking 

21 everything after ‘‘Department of the Interior’’ and 

22 inserting in its place ‘‘with public and private orga23 nizations conducted for the purposes of this title of 

24 this Act to such extent and in such amounts as are 

25 provided in appropriation Acts;’’. 
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1 (4) Section 401(c)(10) is amended by striking 

2 ‘‘section 411’’ and inserting in its place ‘‘section 

3 415’’. 

4 (5) Section 401(c)(12) is amended by striking 

5 ‘‘section 402(h)’’ and inserting in its place ‘‘sub6 section (f) of this section’’. 

7 (6) In section 401, subsections (d) and (e) are 

8 amended to read as follows: 

9 ‘‘(d) AVAILABILITY OF MONEYS FROM FUND.—

10 ‘‘(1) IN GENERAL.—Moneys from the fund shall 

11 be available for the purposes of this title of this Act, 

12 or for distribution under paragraph (2) of this sub13 section, only when appropriated therefor. Such ap14 propriations shall be made without fiscal year limita15 tions. 

16 ‘‘(2) DISPOSITION OF UNAPPROPRIATED STATE17 SHARE BALANCE.—This paragraph applies to the 

18 portion of the fund that was allocated to States and 

19 Indian tribes under section 402(g)(1) of this Act 

20 and that was not appropriated as of the end of the 

21 fiscal year ending September 30, 2004. 

22 ‘‘(A) STATES AND INDIAN TRIBES CER23 TIFIED AS OF SEPTEMBER 30, 2004.—States and 

24 Indian tribes that have been certified under sec25 tion 411 of this Act as of September 30, 2004, 
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1 shall receive, subject to appropriation, the un2 appropriated balance of their allocation in an3 nual payments beginning with fiscal year 2005 

4 and ending with fiscal year 2014. 

5 ‘‘(B) STATES AND INDIAN TRIBES NOT

6 CERTIFIED AS OF SEPTEMBER 30, 2004.—States 

7 and Indian tribes that have not been certified 

8 under section 411 of this Act as of September 

9 30, 2004, shall receive, subject to appropria10 tion, the unappropriated balance of their alloca11 tion as grants awarded in accordance with sec12 tions 403(b) and 405(h) of this Act. 

13 ‘‘(C) STATES AND INDIAN TRIBES CERTI14 FYING AFTER SEPTEMBER 30, 2004.—States and 

15 Indian tribes that are certified under section 

16 411 of this Act after September 30, 2004, shall 

17 receive, subject to appropriation, the portion of 

18 their allocation under section 402(g)(1) of this 

19 Act that has not been previously disbursed to 

20 those States and tribes as grants under para21 graph (2)(B) of this subsection. Disbursement 

22 shall be made in annual payments, beginning 

23 with the fiscal year following certification and 

24 ending with fiscal year 2014. These payments 

25 shall be made using funds appropriated for the 
5

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1 purpose of making grants to States and Indian 

2 tribes under section 405(h). 

3 ‘‘(D) NO EXPENDITURE RESTRICTIONS.—

4 Moneys disbursed under paragraphs (2)(A) and 

5 (C) of this subsection may be expended without 

6 regard to any other provision of this Act: Pro7 vided, That, whenever a certified State or In8 dian tribe becomes aware of a coal mining-re9 lated problem within its borders, the State or 

10 tribe must first use those moneys to promptly 

11 address that problem if the site is eligible for 

12 reclamation under section 404 of this Act and 

13 if the problem meets one of the priorities in 

14 paragraphs (1) and (2) of section 403(a) of this 

15 Act. 

16 ‘‘(3) REALLOCATION OF OTHER UNAPPROPRI17 ATED BALANCES.—

18 ‘‘(A) RURAL ABANDONED MINE RECLAMA19 TION PROGRAM.—That part of the fund allo20 cated by section 402(g)(2) for the rural aban21 doned mine reclamation program under section 

22 406 of this Act that has not been appropriated 

23 as of September 30, 2004, shall be available for 

24 appropriation for the purposes set forth in sec25 tion 403(b) of this Act. 
6

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1 ‘‘(B) FEDERAL SHARE.—That part of the 

2 fund allocated by section 402(g)(3) for use by 

3 the Secretary that has not been appropriated as 

4 of September 30, 2004, shall be available for 

5 appropriation for the purposes set forth in sec6 tion 403(b) of this Act. 

7 ‘‘(C) HISTORIC PRODUCTION ALLOCA8 TION.—That part of the fund allocated by sec9 tion 402(g)(5) for historic production supple10 mental grants to States and Indian tribes that 

11 has not been appropriated as of September 30, 

12 2004, shall be available for appropriation for 

13 the purposes set forth in section 403(b) of this 

14 Act. 

15 ‘‘(e) INTEREST.—The Secretary of the Interior shall 

16 notify the Secretary of the Treasury as to what portion 

17 of the fund is not, in his or her judgment, required to 

18 meet current withdrawals. The Secretary of the Treasury 

19 shall invest such portion of the fund in public debt securi20 ties with maturities determined by the Secretary of the 

21 Interior and suitable for the needs of the fund and achiev22 ing the purposes of the transfers under subsection (f). 

23 Such securities shall bear interest at rates determined by 

24 the Secretary of the Treasury, taking into consideration 

25 current market yields on outstanding marketable obliga-
7

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1 tions of the United States of comparable maturities. The 

2 income on such investments shall be credited to, and form 

3 a part of, the fund.’’

4 (7) In Section 401, insert a new subsection (f) 

5 as follows: 

6 ‘‘(f) TRANSFERS TO COMBINED BENEFIT FUND.—

7 ‘‘(1) Notwithstanding any other provision of 

8 law, at the beginning of each fiscal year, the Sec9 retary shall transfer from the fund to the United 

10 Mine Workers of America Combined Benefit Fund 

11 (referred to as the ‘Combined Fund’ in this title of 

12 this Act), as established under section 9702 of the 

13 Internal Revenue Code of 1986 (26 U.S.C. 9702), 

14 an amount equal to the amount of expenditures that 

15 the trustees of the Combined Fund estimate will be 

16 debited against the unassigned beneficiaries pre17 mium account under section 9704(e) of the Internal 

18 Revenue Code of 1986 (26 U.S.C. 9704 (e)) for the 

19 fiscal year of the Combined Fund in which the 

20 transfer is made: Provided, That the amount trans21 ferred shall not exceed the amount available under 

22 paragraph (2) of this subsection. 

23 ‘‘(2) In making the transfers, the Secretary 

24 shall first use the interest that has been earned by 

25 and paid to the fund during the preceding year, fol-
8

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1 lowed by any interest earned in prior years and not 

2 previously transferred. 

3 ‘‘(3) If, for any fiscal year, the amount trans4 ferred is more or less than the actual expenditures 

5 for the unassigned beneficiaries premium account in 

6 that year, the Secretary shall appropriately adjust 

7 the amount transferred for the next fiscal year.’’. 

8 (8) Section 402(a) is amended to read as fol9 lows: 

10 ‘‘(a) PAYMENT; RATE.—All operators of coal mining 

11 operations subject to the provisions of this Act shall pay 

12 to the Secretary of the Interior, for deposit in the fund, 

13 a reclamation fee according to the following schedule: 

14 ‘‘(1) From October 1, 2004 through September 

15 30, 2009—

16 ‘‘(A) 29.75 cents per ton of coal (except 

17 lignite) produced by surface mining; 

18 ‘‘(B) 12.75 cents per ton of coal produced 

19 by underground mining; and 

20 ‘‘(C) 8.5 cents per ton of lignite coal pro21 duced. 

22 ‘‘(2) From October 1, 2009 through September 

23 30, 2014—

24 ‘‘(A) 28 cents per ton of coal (except lig25 nite) produced by surface mining; 
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1 ‘‘(B) 12 cents per ton of coal produced by 

2 underground mining; and 

3 ‘‘(C) 8 cents per ton of lignite coal pro4 duced. 

5 ‘‘(3) From October 1, 2014 through September 

6 30, 2018—

7 ‘‘(A) 26.25 cents per ton of coal (except 

8 lignite) produced by surface mining;

9 ‘‘(B) 11.25 cents per ton of coal produced 

10 by underground mining; and 

11 ‘‘(C) 7.5 cents per ton of lignite coal pro12 duced. 

13 ‘‘(4) In lieu of the rates in paragraphs (1) 

14 through (3) above, the operator may pay a fee of 10 

15 per cent of the value of the coal at the mine, as de16 termined by the Secretary, for each ton of coal pro17 duced by surface or underground mining: Provided, 

18 That the alternate fee for lignite coal shall be 2 per19 cent of the value of the coal at the mine, as deter20 mined by the Secretary.’’. 

21 (9) Section 402(b) is amended by—

22 (A) striking ‘‘Such fee’’ and inserting in 

23 its place ‘‘Reclamation fees’’; and 

24 (B) striking ‘‘2004’’ and all that follows 

25 and inserting in its place ‘‘2018’’. 
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1 (10) Section 402(c) is amended to read as fol2 lows: 

3 ‘‘(c) SUBMISSION OF QUARTERLY REPORTS.—

4 ‘‘(1) All operators of surface coal mining oper5 ations shall submit a report no later than thirty days 

6 after the end of each calendar quarter. The report 

7 shall include—

8 ‘‘(A) a statement of the amount of coal 

9 produced during the calendar quarter, the 

10 method of coal removal and the type of coal; 

11 ‘‘(B) an identification of the permittee and 

12 the operator of the surface coal mining oper13 ation, the owner of the coal, the preparation 

14 plant or tipple receiving the coal or the loading 

15 point for the coal, and the person purchasing 

16 the coal from the operator or permittee; 

17 ‘‘(C) the number of the permit required 

18 under section 506 of this Act; and 

19 ‘‘(D) the identification number issued by 

20 the Mine Safety and Health Administration for 

21 the operation. 

22 ‘‘(2) Each quarterly report shall contain a noti23 fication of any changes in the information required 

24 by paragraph (1) of this subsection since the date of 

25 the preceding quarterly report. 
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1 ‘‘(3) The operator must certify, under penalty 

2 of perjury, that the information in each report is 

3 true, correct, and complete. Any person, corporate 

4 officer, agent or director who, on behalf of a coal 

5 mine operator, knowingly makes any false statement, 

6 representation or certification or knowingly fails to 

7 make any statement, representation or certification 

8 required in this section shall, upon conviction, be 

9 punished by a fine of not more than $10,000, or by 

10 imprisonment for not more than one year, or both. 

11 ‘‘(4) The information contained in the quarterly 

12 reports submitted under this subsection shall be 

13 maintained by the Secretary in a computerized data14 base.’’. 

15 (11) Section 402(d) is amended by—

16 (A) striking the word ‘‘PENALTY’’ from the 

17 title and inserting in its place the word ‘‘AU18 DITS’’; 

19 (B) striking paragraph (1); 

20 (C) redesignating paragraph (2) as para21 graph (1); and 

22 (D) inserting paragraph (2) to read as fol23 lows: 

24 ‘‘(2) The Secretary is authorized to audit com25 pliance with the excise tax payment requirements of 
12

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1 section 4121 of the Internal Revenue Code of 1986 

2 (26 U.S.C. 4121) when conducting audits under this 

3 subsection.’’. 

4 (12) Section 402(f) is amended to read as fol5 lows: 

6 ‘‘(f) COOPERATION FROM OTHER AGENCIES.—All 

7 Federal and State agencies shall fully cooperate with the 

8 Secretary of the Interior in the enforcement of this sec9 tion. Whenever the Secretary of the Interior believes that 

10 any person has not paid the full amount of the fee payable 

11 under section 402(a) of this Act or the excise tax payable 

12 under section 4121 of the Internal Revenue Code of 1986 

13 (26 U.S.C. 4121), he or she shall notify the Federal agen14 cy responsible for enforcing the provisions of section 4121 

15 of the Internal Revenue Code of 1986 (26 U.S.C. 4121).’’. 

16 (13) Section 402(g) is amended by—

17 (A) amending the title to read as follows: 

18 ‘‘(g) ALLOCATION OF FEE RECEIPTS AND OTHER

19 MONIES PRIOR TO SEPTEMBER 30, 2004.’’.

20 (B) striking ‘‘Except as provided in sub21 section (h)’’ in paragraph (g)(1) and inserting 

22 in its place ‘‘Except as otherwise provided in 

23 this Act’’; 

24 (C) amending paragraphs (1)(A)(ii) and 

25 (1)(B)(ii) to read as follows:
13

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1 ‘‘(ii) Lands and waters which are eli2 gible pursuant to section 404 (in the case 

3 of a State not certified under section 411). 

4 In the case of a State certified under sec5 tion 411, eligible lands and waters shall be 

6 those which were mined or processed for 

7 minerals or which were affected by such 

8 mining or processing, and abandoned or 

9 left in an inadequate reclamation status 

10 prior to August 3, 1977; and for which 

11 there is no continuing reclamation respon12 sibility under State or other Federal 

13 laws.’’; 

14 (D) striking ‘‘section 401(c)(2)’’ at the end 

15 of paragraph (2) and inserting in its place ‘‘for 

16 the purposes of section 406’’; 

17 (E) striking everything in paragraph (4) 

18 after ‘‘subparagraph (A)’’ in subparagraph (B) 

19 and inserting in its place ‘‘if the requirements 

20 of section 404(b) are met.’’; 

21 (F) striking paragraph (5) in its entirety 

22 and inserting in its place ‘‘This subsection ap23 plies only to fees and other monies payable to 

24 the fund as of September 30, 2004, and to 

25 monies appropriated from the fund as of that 
14

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1 date. Sections 401(d) and 403(b) of this Act 

2 govern allocations and disbursements after that 

3 date.’’; 

4 (G) striking paragraphs (6) through (8) in 

5 their entirety; and 

6 (H) striking paragraph (h) in its entirety. 

7 (14) Section 403 is amended by—

8 (A) amending the title to read ‘‘FUND OB9 JECTIVES AND EXPENDITURES.’’; 

10 (B) striking the phrase ‘‘except as pro11 vided for under section 411’’ in subsection (a) 

12 and inserting in its place ‘‘except as otherwise 

13 provided in this section, section 401(c), or sec14 tion 411’’; 

15 (C) striking the period at the end of sub16 section (a)(3) and inserting a semicolon in its 

17 place; 

18 (D) amending subsection (b) to read as 

19 follows: 

20 ‘‘(b) ALLOCATION OF FUNDS AFTER SEPTEMBER 30, 

21 2004.—

22 ‘‘(1) ALLOCATIONS TO STATES AND TRIBES.—

23 ‘‘(A) At the beginning of each fiscal year, 

24 or as soon thereafter as practicable, the Sec25 retary shall allocate the monies appropriated 
15

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1 from the fund for that year for grants to States 

2 and Indian tribes under section 405(h) of this 

3 Act. An allocation shall be made to each State 

4 and tribe that is eligible to receive a payment 

5 under section 401(d)(2)(C) of this Act and to 

6 each State and tribe that—

7 ‘‘(i) has an approved abandoned mine 

8 reclamation program under section 405 of 

9 this Act that is not subject to the prohibi10 tion in paragraph (c) of that section; 

11 ‘‘(ii) is not certified under section 411 

12 of this Act; and 

13 ‘‘(iii) has within its jurisdiction 

14 unreclaimed lands or waters that are eligi15 ble pursuant to section 404 and that meet 

16 one of the priorities stated in paragraphs 

17 (1) and (2) of subsection (a) of this sec18 tion: Provided, That, when all States and 

19 Indian tribes have completed or provided 

20 for completion of reclamation of all lands 

21 and waters meeting the priorities in para22 graphs (1) and (2) of subsection (a) of this 

23 section, this criterion will no longer apply. 

24 ‘‘(B) In making these allocations, the Sec25 retary shall use a formula based on historical 
16

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1 coal production prior to August 3, 1977, in 

2 those States and tribes: Provided, That—

3 ‘‘(i) donations received under section 

4 401(b)(3) shall be allocated in accordance 

5 with any stipulations by the donor; 

6 ‘‘(ii) no State or Indian tribe shall re7 ceive an allocation of less than $2,000,000 

8 under this paragraph; and 

9 ‘‘(iii) no State or Indian tribe shall re10 ceive an allocation of more than 25 percent 

11 of the total moneys appropriated for grants 

12 under section 405(h): Provided further, 

13 That this restriction shall expire when 

14 fewer than eight States are eligible to re15 ceive an allocation under paragraph (1) of 

16 this subsection. 

17 ‘‘(C) The amount dedicated by section 

18 401(d)(2)(B) of this Act to each State or In19 dian tribe that is not certified under section 

20 411 of this Act shall be reduced by the amount 

21 allocated to that State or tribe under this para22 graph. 

23 ‘‘(D) Amounts allocated to States and In24 dian tribes under this paragraph may be used 

25 to fund projects that protect, repair, replace, 
17

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1 construct, or enhance facilities relating to water 

2 supply, including water distribution facilities 

3 and treatment plants, to replace water supplies 

4 adversely affected by coal mining practices. In 

5 making funding decisions on these projects, the 

6 State or tribe need not consider the priorities in 

7 subsection (a) of this section. If the adverse ef8 fect on water supplies occurred both prior to 

9 and after August 3, 1977 (or other applicable 

10 date under section 404), section 404 shall not 

11 be construed to prohibit a State or Indian tribe 

12 from using funds under this paragraph if the 

13 State or Indian tribe determines that such ad14 verse effects occurred predominantly prior to 

15 August 3, 1977 (or other applicable date under 

16 section 404). 

17 ‘‘(2) FEDERAL EXPENDITURES.—To the extent 

18 authorized by annual appropriations, the Secretary 

19 may expend monies from the fund for any of the fol20 lowing purposes—

21 ‘‘(A) providing assistance to small opera22 tors under section 507(c) of this Act, either di23 rectly or through grants to the States, subject 

24 to the limitation contained in section 401(c)(11) 

25 of this Act; 
18

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1 ‘‘(B) conducting emergency reclamation 

2 activities and projects under section 410 of this 

3 Act, either directly or through grants to the 

4 States and Indian tribes; 

5 ‘‘(C) meeting the objectives of the fund set 

6 forth in paragraph (a) of this section for eligi7 ble lands and waters pursuant to section 404 of 

8 this Act in States and on Indian lands where 

9 the State or Indian tribe does not have an ap10 proved abandoned mine reclamation program 

11 pursuant to section 405 of this Act; 

12 ‘‘(D) the administration of this title of this 

13 Act by the Secretary; 

14 ‘‘(E) making supplemental grants to 

15 States and Indian tribes for the purposes of 

16 this title of this Act; 

17 ‘‘(F) implementation of section 401(c)(6) 

18 of this Act; and 

19 ‘‘(G) conducting other activities consistent 

20 with this title of this Act’’; 

21 (E) in subsection (c), redesignating the 

22 first sentence as paragraph (1), the second and 

23 third sentences as paragraph (2), the fourth 

24 sentence as paragraph (3), and the last sen25 tence as paragraph (4); and 
19

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1 (F) striking ‘‘section 411(a)’’ in paragraph 

2 (c)(1) and inserting in its place ‘‘section 411’’. 

3 (15) Section 404 is amended to read as follows: 

4 ‘‘SEC. 404. ELIGIBLE LANDS AND WATERS. 

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) Lands and waters eligible for reclamation 

7 or drainage abatement expenditures under this title 

8 of this Act are those which were mined for coal, or 

9 which were affected by such mining, waste banks, 

10 coal processing, or other coal mining processes, and 

11 abandoned or left in an inadequate reclamation sta12 tus prior to August 3, 1977, and for which there is 

13 no continuing reclamation responsibility under State 

14 or other Federal laws. For other provisions relating 

15 to lands and waters eligible for such expenditures, 

16 see subsections (b) and (c) of this section and sec17 tions 402(g)(1), 403(b)(1), and 409 of this Act. 

18 ‘‘(2) Surface coal mining operations on lands el19 igible for remining shall not affect the eligibility of 

20 such lands for reclamation and restoration under 

21 this title of this Act after the release of the bond or 

22 deposit for any such operation as provided under 

23 section 519 of this Act. In the event the bond or de24 posit for a surface coal mining operation on lands el25 igible for remining is forfeited, funds available under 
20

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1 this title of this Act may be used if the amount of 

2 such bond or deposit is not sufficient to provide for 

3 adequate reclamation or abatement. If conditions 

4 warrant, the Secretary, State, or Indian tribe shall 

5 immediately exercise the appropriate authority under 

6 section 410 of this Act. 

7 ‘‘(b) INITIAL PROGRAM SITES AND BOND FOR8 FEITURE SITES WITH INSOLVENT SURETIES.—

9 ‘‘(1) Sites of surface coal mining operations 

10 conducted after August 3, 1977, and lands and wa11 ters affected by such operations are also eligible for 

12 reclamation or drainage abatement expenditures 

13 under this title of this Act if they were left in an in14 adequate reclamation status and if the Secretary or 

15 the State, with the concurrence of the Secretary, 

16 makes either of the following findings: 

17 ‘‘(A) A finding that the surface coal min18 ing operation occurred during the period begin19 ning on August 3, 1977, and ending on or be20 fore the effective date of the State regulatory 

21 program approved by the Secretary pursuant to 

22 section 503 of this Act for the State in which 

23 the site is located, and that any funds for rec24 lamation or abatement which are available pur25 suant to a bond or other form of financial guar-
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1 antee or from any other source are not suffi2 cient to provide for adequate reclamation or 

3 abatement at the site. 

4 ‘‘(B) A finding that the surface coal min5 ing operation occurred during the period begin6 ning on August 3, 1977, and ending on or be7 fore November 5, 1990, and that the surety for 

8 the mining operation became insolvent during 

9 that period, and, as of November 5, 1990, 

10 funds immediately available from proceedings 

11 relating to that insolvency, or from any finan12 cial guarantee or other source, are not suffi13 cient to provide for adequate reclamation or 

14 abatement at the site.

15 ‘‘(2) All sites referred to in paragraph (1) with16 in any State shall be reclaimed before the State or 

17 the Secretary may make the certification referred to 

18 in section 411 of this Act. 

19 ‘‘(3) Amounts collected from assessment of civil 

20 penalties under section 518 of this Act are author21 ized to be appropriated for the purposes of this sub22 section.’’. 

23 (16) Section 405 is amended by—
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1 (A) in subsection (d), striking ‘‘sections 

2 402 and 410’’ and inserting in its place ‘‘sec3 tions 402, 414, and 415’’; 

4 (B) in subsection (f), striking paragraph 

5 (5) in its entirety and redesignating paragraphs 

6 (6) and (7) as paragraphs (5) and (6); 

7 (C) in subsection (f)(6), striking the colon 

8 after ‘‘grant’’ and inserting ‘‘and’’ before 

9 ‘‘type’’; 

10 (D) in subsection (g), striking the colon 

11 after ‘‘include’’ and inserting ‘‘subsection (f) 

12 of’’ before ‘‘this section’’; and 

13 (E) amending subsection (h) to read as fol14 lows: 

15 ‘‘(h) GRANT OF FUNDS.—

16 ‘‘(1) IN GENERAL.—Upon approval of the State 

17 Reclamation Plan under this section and of the sur18 face coal mining regulatory program pursuant to 

19 section 503 of this Act, the Secretary shall grant, on 

20 an annual basis, funds to the State to implement the 

21 State reclamation program as approved by the Sec22 retary. 

23 ‘‘(2) APPLICATION PROCESSING DEADLINE.—

24 Within 60 days of receipt of a complete abandoned 

25 mine reclamation fund grant application from any 
23

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1 eligible State, the Secretary shall grant to that State 

2 any and all funds available for such purposes in the 

3 applicable appropriations Act. 

4 ‘‘(3) DISPOSITION OF UNEXPENDED FUNDS.—

5 Except as provided in paragraph (5), any funds not 

6 expended within 3 years after the date of any grant 

7 award shall be available for reallocation or expendi8 ture by the Secretary for any purpose under section 

9 403(b) of this Act. 

10 ‘‘(4) SOURCE OF FUNDS.—In awarding grants 

11 to States and Indian tribes that were not certified 

12 under section 411 as of September 30, 2004, the 

13 Secretary shall exhaust the funds dedicated to those 

14 States and tribes in section 401(d)(2)(B) before 

15 awarding any funds allocated to those States and 

16 tribes under section 403(b)(1). 

17 ‘‘(5) STATE SET-ASIDE.—Any State with an 

18 abandoned mine reclamation program approved 

19 under subsection (d) may retain, without regard to 

20 the 3-year limitation referred to in paragraph (3), 

21 up to 10 percent of the total amount of the grants 

22 awarded annually to the State under paragraph (1), 

23 excluding grants made under the authority of section 

24 403(b)(2), if those amounts are deposited into ei25 ther—
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1 ‘‘(A) a special trust fund established under 

2 State law that may earn interest and from 

3 which the State may make expenditures solely 

4 to achieve the priorities stated in section 403(a) 

5 after the State is no longer eligible to receive an 

6 allocation under section 403(b)(1) of this Act; 

7 or 

8 ‘‘(B) an acid mine drainage abatement and 

9 treatment fund established under State law and 

10 from which the State may make expenditures 

11 solely for abatement of the causes of acid mine 

12 drainage and treatment of the effects of that 

13 drainage in a comprehensive manner within 

14 qualified hydrologic units affected by coal min15 ing practices. Any interest earned by this fund 

16 shall be expended for the purposes of this para17 graph. For purposes of this paragraph, the 

18 term ‘qualified hydrologic unit’ means a hydro19 logic unit in which water quality has been sig20 nificantly affected by acid mine drainage from 

21 coal mining practices in a manner that ad22 versely impacts biological resources and which 

23 contains lands and waters that—

24 ‘‘(i) meet the eligibility requirements 

25 of section 404 and at least one of the pri-
25

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1 orities in paragraphs (1), (2), and (3) of 

2 section 403(a); and 

3 ‘‘(ii) either are or are proposed to be 

4 the subject of expenditures by the State 

5 from bond forfeiture proceeds under sec6 tion 509 of this Act, or from other State 

7 sources, to abate or treat acid mine drain8 age.’’. 

9 (17) Section 406 is amended by—

10 (A) striking the word ‘‘Soil’’ wherever it 

11 appears in subsection (h) and inserting in its 

12 place the words ‘‘Natural Resources’’; and 

13 (B) adding the following new subsection at 

14 the end: 

15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary of Agri17 culture, from the general fund of the Treasury, such sums 

18 as may be necessary to carry out the provisions of this 

19 section.’’.

20 (18) In section 408(a), the last sentence is 

21 amended by striking ‘‘, in accordance with this sub22 section, who owned the surface prior to May 2, 

23 1977, and’’. 

24 (19) Section 409 is amended—
26

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1 (A) in the second sentence of subsection 

2 (a), by striking the second ‘‘the’’ before ‘‘gov3 erning body’’; 

4 (B) in the last sentence of subsection (a), 

5 by striking ‘‘State regulatory authorities’’ and 

6 inserting in its place ‘‘States and Indian 

7 tribes’’; 

8 (C) in subsection (b), by inserting ‘‘section 

9 403(b)(1)’’ before ‘‘the provisions’’; and 

10 (D) in subsection (c)(3), by striking 

11 ‘‘which have made the certification referred to 

12 in section 411(a)’’ and inserting in its place 

13 ‘‘that have been certified under section 411 of 

14 this Act’’. 

15 (20) Section 410 is amended by—

16 (A) inserting the title ‘‘IN GENERAL.—’’ at 

17 the beginning of subsection (a); 

18 (B) inserting the title ‘‘RIGHT OF

19 ENTRY.—’’ at the beginning of subsection (b); 

20 and 

21 (C) inserting a new subsection (c) to read 

22 as follows: 

23 ‘‘(c) STATE ASSUMPTION OF EMERGENCY RECLAMA24 TION PROGRAM.—The Secretary may propose, and, after 

25 opportunity for public comment, adopt, regulations to re-
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1 quire that States assume responsibility for administering 

2 the emergency reclamation program under this section to 

3 remain eligible to receive grants under section 405(h) of 

4 this Act. The regulations must establish procedures for 

5 that assumption, including, at a minimum, a requirement 

6 that States revise their abandoned mine reclamation plans 

7 approved under section 405 of this Act to include provi8 sions that—

9 ‘‘(1) authorize the State to make the findings 

10 required under subsection (a) of this section; and 

11 ‘‘(2) enable the State to conduct emergency rec12 lamation activities consistent with subsection (b) of 

13 this section.’’. 

14 (21) Section 411 is amended to read as follows: 

15 ‘‘SEC. 411. CERTIFICATION OF COMPLETION OF COAL REC16 LAMATION. 

17 ‘‘(a) The Governor of a State, or the head of a gov18 erning body of an Indian tribe, with an approved aban19 doned mine reclamation program under section 405, may 

20 certify to the Secretary that reclamation of all eligible 

21 lands and waters under section 404 with the priorities 

22 stated in paragraphs (1), (2), and (3) of section 403(a) 

23 has been achieved. The Secretary, after notice in the Fed24 eral Register and opportunity for public comment, shall 
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1 concur with such certification if the Secretary determines 

2 that such certification is correct. 

3 ‘‘(b) The Secretary may make the certification re4 ferred to in subsection (a) on behalf of any State or Indian 

5 tribe if, on the basis of the inventory referred to in section 

6 403(c), all reclamation projects relating to the priorities 

7 set forth in paragraphs (1), (2), and (3) of section 403(a) 

8 for eligible lands and waters under section 404 in such 

9 State or tribe have been completed. The Secretary shall 

10 only make such certification after notice in the Federal 

11 Register and opportunity for public comment.’’. 

12 (22) Section 413(d) is amended by striking 

13 ‘‘(33 U.S.C.A. 1151, et seq. as amended)’’ and in14 serting in its place ‘‘(33 U.S.C. 1251 et seq.)’’. 

15 (23) Section 413(e) is amended by striking the 

16 comma after the word ‘‘agencies’’. 

17 (24) Section 414 is amended to read as follows: 

18 ‘‘SEC. 414. INTERAGENCY COOPERATION. 

19 ‘‘(a) IN GENERAL.—All departments, boards, com20 missioners, and agencies of the United States of America 

21 shall cooperate with the Secretary by providing technical 

22 expertise, personnel, equipment, materials, and supplies to 

23 implement and administer the provisions of this title of 

24 this Act. 
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1 ‘‘(b) EXCISE TAX COLLECTION.—Notwithstanding 

2 any provision of law to the contrary, the Secretary is au3 thorized to collect the excise tax imposed by section 4121 

4 of the Internal Revenue Code of 1986 (26 U.S.C. 4121). 

5 The Secretary of the Treasury shall enter into an agree6 ment with the Secretary providing for reimbursement of 

7 any additional expenses that the Office incurs in connec8 tion with collecting this tax and conducting audits related 

9 thereto.’’. 

10 (25) Section 415 is added to read as follows: 

11 ‘‘SEC. 415. REMINING INCENTIVES. 

12 ‘‘(a) Notwithstanding any other provision of this Act 

13 to the contrary, the Secretary may propose, and, after op14 portunity for public comment, adopt, regulations that 

15 would prescribe conditions under which the fund may be 

16 used to promote remining of eligible lands under section 

17 404 to leverage use of monies available from the fund to 

18 achieve more reclamation of those lands than would other19 wise be likely to occur. Any such regulations shall specify 

20 that these incentives will apply only in situations in which 

21 the agency administering this title of this Act determines, 

22 with the concurrence of the regulatory authority under 

23 title V of this Act, that the site is otherwise not likely 

24 to be remined and reclaimed under the applicable regu25 latory program. 
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1 ‘‘(b) Incentives that may be considered include, but 

2 are not limited to—

3 ‘‘(1) A rebate or waiver of the reclamation fee 

4 payments required under section 402(a) of this Act. 

5 The rebate or waiver shall be limited to operations 

6 that remove or reprocess abandoned coal mine waste 

7 or that remine sites meeting the priorities in para8 graph (1) or (2) of section 403(a). The amount of 

9 the rebate or waiver shall be limited to the estimated 

10 cost of reclaiming those sites under this title of this 

11 Act. 

12 ‘‘(2) Use of the fund to provide financial assur13 ance for remining operations in lieu of all or part of 

14 the performance bond required under section 509 of 

15 this Act.’’. 

16 (26) Section 510 is amended by—

17 (A) inserting a sentence at the end of sub18 section (c) to read as follows: 

19 ‘‘In applying the prohibitions of this subsection after Octo20 ber 24, 1992, the regulatory authority shall not include 

21 any violation resulting from an unanticipated event or con22 dition at a surface coal mining operation on lands eligible 

23 for remining under a permit held by the person making 

24 the application.’’; and 

25 (B) striking subsection (e) in its entirety. 
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1 (27) Section 515(b)(22)(B) is amended to read 

2 as follows: 

3 ‘‘(B) the areas of disposal are within either 

4 a bonded permit area or the boundaries of an 

5 abandoned mine land reclamation project ap6 proved under title IV of this Act, and all or7 ganic matter shall be removed immediately 

8 prior to spoil placement;’’. 

9 (28) Section 701 is amended by—

10 (A) in paragraph (33), striking ‘‘section 

11 510(e)’’ and inserting in its place ‘‘section 

12 510(c)’’; and 

13 (B) amending paragraph (34) to read as 

14 follows: 

15 ‘‘(34) the term ‘lands eligible for remining’ 

16 means those lands eligible for expenditures under 

17 section 404 of this Act.’’.

Æ