I 

108TH CONGRESS 

2D SESSION H. R. 3796

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 

FEBRUARY 11, 2004

Mrs. CUBIN (for herself and Mr. RAHALL) 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 2004’’. 

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: 
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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’’. 
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1 (2) In subsection (b) by striking ‘‘2004’’ and all 

2 that follows through the end of the sentence and in3 serting ‘‘2019.’’. 

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; 
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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-
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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-
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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 (10) Subsection (h) is amended—

16 (A) in paragraph (2) by striking ‘‘sum 

17 of—’’ and all that follows through 

18 ‘‘$70,000,000.’’ and inserting ‘‘sum of the 

19 amount of interest that the Secretary estimates 

20 will be earned and paid to the Combined Fund 

21 during the fiscal year. The amount transferred 

22 shall be used, notwithstanding any other provi23 sion of law, to pay the amount of any deficit in 

24 net assets in the Combined Fund.’’; and 

25 (B) by striking paragraphs (3) and (4). 
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1 (c) AMENDMENTS TO SECTION 403.—Section 403 of 

2 the Surface Mining Control and Reclamation Act of 1977 

3 (30 U.S.C. 1233(a)) is amended as follows: 

4 (1) In subsection (a)—

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

6 welfare,’’; 

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

8 safety, and general welfare’’ and inserting 

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

10 the semicolon at the end; 

11 (C) in paragraph (3) by striking the semi12 colon at the end and inserting a period; and 

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

14 (2) In subsection (b)—

15 (A) by striking the heading and inserting 

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

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

18 percent of the’’. 

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

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

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

22 of the Surface Mining Control and Reclamation Act of 

23 1977 (30 U.S.C. 1236(h)) is amended by striking ‘‘Soil 

24 Conservation Service’’ and inserting ‘‘Natural Resources 

25 Conservation Service’’. 
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1 (e) FURTHER AMENDMENT TO SECTION 406.—Sec2 tion 406 of the Surface Mining Control and Reclamation 

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

4 the end the following: 

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

6 Secretary of Agriculture, from amounts in the Treasury 

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

8 necessary to carry out this section.’’. 

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

10 of the Surface Mining Control and Reclamation Act of 

11 1977 (30 U.S.C. 1238) is amended by striking ‘‘who 

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

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

14 the Surface Mining Control and Reclamation Act of 1977 

15 (30 U.S.C. 1240a) is amended as follows: 

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

17 the first sentence, and by adding at the end the fol18 lowing: 

19 ‘‘(2) The Secretary may, on the Secretary’s own voli20 tion, make the certification referred to in paragraph (1) 

21 on behalf of any State or Indian tribe referred to in para22 graph (1) if on the basis of the inventory referred to in 

23 section 403(c) all reclamation projects relating to the pri24 orities set forth in section 403(a) for eligible lands and 

25 water pursuant to section 404 in such State or tribe have 
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1 been completed. The Secretary shall only make such cer2 tification after notice in the Federal Register and oppor3 tunity for public comment.’’. 

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

5 ‘‘(h) STATE SHARE FOR CERTAIN CERTIFIED

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

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

8 191(a)) that are paid into the Treasury after the date of 

9 the enactment of this subsection and that are not paid 

10 to States under section 35 of the Mineral Leasing Act or 

11 reserved as part of the reclamation fund under such sec12 tion, the Secretary shall pay to each qualified State, on 

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

14 aggregate unappropriated amount allocated to such quali15 fied State under section 402(g)(1)(A). 

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

17 means a State for which a certification is made under sub18 section (a) and in which there are public domain lands 

19 available for leasing under the Mineral Leasing Act (30 

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

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

22 be made, without regard to any limitation in section 

23 401(d), in the same manner as if paid under section 35 

24 of the Mineral Leasing Act (30 U.S.C. 191) and concur25 rently with payments to States under that section. 
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1 ‘‘(3) The amount allocated to any State under section 

2 402(g)(1)(A) that is paid to such State as a result of a 

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

4 reallocated and available for grants under section 

5 402(g)(5).’’. 

6 (h) EXTENSION OF LIMITATION ON APPLICATION OF

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

8 of the Surface Mining Control and Reclamation Act of 

9 1977 (30 U.S.C. 1260(e)) is amended by striking ‘‘2004’’ 

10 and inserting ‘‘2019’’. 

11 SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION 

12 OF THIS TITLE. 

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

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

15 and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (ex16 cluding interest) prior to the date of enactment of this 

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

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

19 date, shall be available in fiscal year 2004 and thereafter 

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

21 (30 U.S.C. 1232(h)), as amended by this Act, in the same 

22 manner as are other amounts available for such transfers. 

23 (2) Notwithstanding any other provision of law, inter24 est credited to the fund established by section 401 of the 

25 Surface Mining Control and Reclamation Act of 1977 (30 
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1 U.S.C. 1231) that is not transferred to the Combined 

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

3 (30 U.S.C. 1232(h)), as amended by this Act, prior to the 

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

5 year 2004 and thereafter for the transfers referred to in 

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

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

8 amounts available for such transfers. 

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

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

11 complete a review of all additions made, pursuant to 

12 amendments offered by States and Indian tribes after De13 cember 31, 1998, to the inventory referred to in section 

14 403(c) of the Surface Mining Control and Reclamation 

15 Act of 1977 (30 U.S.C. 1233(c)) to ensure that such addi16 tions reflect eligible lands and waters pursuant to section 

17 404 of such Act (30 U.S.C. 1234) that meet the priorities 

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

19 such Act (30 U.S.C. 1233(a)(1) and (2)), and are cor20 rectly identified pursuant to such priorities. Any lands or 

21 waters that were included in the inventory pursuant to the 

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

23 such Act (30 U.S.C. 1233(a)) before the date of enact24 ment of this Act that are determined in the review to no 

25 longer meet the criteria set forth in paragraphs (1) and 
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1 (2) of section 403(a) of such Act, as amended by this Act, 

2 shall be removed from the inventory.

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