II 

109TH CONGRESS 

1ST SESSION S. 961 

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 SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Mr. ROCKEFELLER 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 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 Land 

5 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: 
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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 (b) by striking ‘‘2005’’ and all 

20 that follows through the end of the sentence and in21 serting ‘‘2019.’’. 

22 (2) In subsection (g)(1)(D) by striking ‘‘in any 

23 area under paragraph (2), (3), (4), or (5)’’ and in24 serting ‘‘under paragraph (5)’’. 
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1 (3) Subsection (g)(2) is amended to read as fol2 lows: 

3 ‘‘(2) In making the grants referred to in paragraph 

4 (1)(C) and the grants referred to in paragraph (5), the 

5 Secretary shall ensure strict compliance by the States and 

6 Indian tribes with the priorities set forth in section 403(a) 

7 until a certification is made under section 411(a).’’. 

8 (4) In subsection (g)(3)— 

9 (A) in the matter preceding subparagraph 

10 (A) by striking ‘‘paragraphs (2) and’’ and in11 serting ‘‘paragraph’’; 

12 (B) in subparagraph (A) by striking 

13 ‘‘401(c)(11)’’ and inserting ‘‘401(c)(9)’’; and 

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

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

16 (5) In subsection (g)(5)— 

17 (A) by inserting ‘‘(A)’’ before the first sen18 tence; 

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

20 and inserting ‘‘60’’; 

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

22 allocated or expended by the Secretary under 

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

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

25 (4)’’; and 
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1 (D) by adding at the end the following: 

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

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

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

5 (6) Subsection (g)(6) is amended to read as fol6 lows: 

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

8 reclamation program pursuant to section 405 may receive 

9 and retain, without regard to the 3-year limitation re10 ferred to in paragraph (1)(D), up to 10 percent of the 

11 total of the grants made annually to such State under 

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

13 an acid mine drainage abatement and treatment fund es14 tablished under State law, from which amounts (together 

15 with all interest earned on such amounts) are expended 

16 by the State for the abatement of the causes and the treat17 ment of the effects of acid mine drainage in a comprehen18 sive manner within qualified hydrologic units affected by 

19 coal mining practices. 

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

21 ‘qualified hydrologic unit’ means a hydrologic unit— 

22 ‘‘(i) in which the water quality has been signifi23 cantly affected by acid mine drainage from coal min24 ing practices in a manner that adversely impacts bi25 ological resources; and 
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1 ‘‘(ii) that contains lands and waters that are— 

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

3 include any of the priorities set forth in section 

4 403(a); and 

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

6 State from the forfeiture of bonds required 

7 under section 509 or from other States sources 

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

9 (7) Subsection (g)(7) is amended to read as fol10 lows: 

11 ‘‘(7) In complying with the priorities set forth in sec12 tion 403(a), any State or Indian tribe may use amounts 

13 available in grants made annually to such State or tribe 

14 under paragraphs (1) and (5) for the reclamation of eligi15 ble lands and waters set forth in section 403(a)(3) prior 

16 to the completion of reclamation projects under para17 graphs (1) and (2) of section 403(a) only if the expendi18 ture of funds for such reclamation is done in conjunction 

19 with the expenditure of funds for reclamation projects 

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

21 (8) Subsection (g)(8) is amended to read as fol22 lows: 

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

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

25 or Indian tribe under subparagraphs (A) or (B) of para-
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1 graph (1) or as necessary amounts available to the Sec2 retary under paragraph (3), shall assure total grant 

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

4 and each Indian tribe. Notwithstanding any other provi5 sion of law, this paragraph applies to the State of Ten6 nessee.’’. 

7 (9) Subsection (h) is amended to read as fol8 lows: 

9 ‘‘(h) IN GENERAL.—(1) In the case of any fiscal year 

10 beginning on or after October 1, 2004, the Secretary shall, 

11 as of the beginning of such fiscal year and before any allo12 cation under subsection (g), make the transfers provided 

13 in paragraph (2). 

14 ‘‘(2) AMOUNT.—The Secretary shall transfer to the 

15 United Mine Workers of America Combined Benefit Fund, 

16 to the United Mine Workers of America 1992 Benefit 

17 Plan, and to the multiemployer health benefit plan estab18 lished after July 20, 1992, by the parties that are the set19 tlors of the 1992 Plan, for any fiscal year from the interest 

20 which the Secretary estimates will be earned and paid to 

21 the fund during the fiscal year an amount equal to the 

22 sum of— 

23 ‘‘(A) the amount described in paragraph 3(A); 

24 ‘‘(B) the amount described in paragraph 3(B); 

25 plus 
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1 ‘‘(C) the amount described in paragraph 3(C). 

2 ‘‘(3) LIMITATION.—The aggregate amount which 

3 may be transferred under paragraph (2) for any fiscal 

4 year shall not exceed— 

5 ‘‘(A) the amount which the trustees of the 

6 Combined Fund estimate will be expended from the 

7 premium accounts maintained by such Fund for the 

8 fiscal year of the Combined Fund in which the 

9 transfer is made, less the amount which the trustees 

10 estimate the Combined Fund will receive during 

11 such fiscal year in required health benefit premiums; 

12 plus 

13 ‘‘(B) the amount which the trustees of the 1992 

14 Plan estimate will be expended from the 1992 Plan 

15 during the next calendar year to provide the benefits 

16 required by such Plan on the date of enactment of 

17 this Act, less the amount which the trustees estimate 

18 the 1992 Plan will receive during such calendar year 

19 in required monthly per beneficiary premiums, in20 cluding the amount of any security provided to the 

21 1992 Plan which is available for use in the provision 

22 of benefits; plus 

23 ‘‘(C) the amount which the trustees of the mul24 tiemployer health benefit plan established after July 

25 20, 1992, by the parties that are the settlors of the 
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1 1992 Plan estimate will be expended from such plan 

2 during the next calendar year, to provide benefits no 

3 greater than those provided by such plan on the date 

4 of enactment of this subparagraph, less the amount 

5 of income which such trustees estimate such plan 

6 will receive during such calendar year. 

7 ‘‘(4) ADJUSTMENT.—If, for any fiscal year, the 

8 amount transferred to the Combined Fund, or the 1992 

9 Plan, or to the plan described in paragraph (3)(C) is more 

10 or less than the amount required to be transferred, the 

11 Secretary shall appropriately adjust the amount trans12 ferred for the next fiscal year. 

13 ‘‘(5)(A) The Secretary may make a transfer under 

14 subparagraphs (B) and (C) of paragraph (2) for a fiscal 

15 year only if the Secretary determines, using actuarial pro16 jections provided by the trustees of the Combined Fund, 

17 that amounts will be available under paragraph (1), after 

18 such transfer, for the next fiscal year for making the 

19 transfer under paragraph (2)(A). 

20 ‘‘(B) A transfer under paragraph (2)(C) shall not be 

21 made unless the entities that are obligated to contribute 

22 to the plan described in paragraph 3(C) on the date of 

23 the transfer are obligated to make such contributions at 

24 rates that are no less than those in effect on the date of 

25 enactment of this paragraph.’’. 
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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) 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(a)), is amended by striking ‘‘who 

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

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

14 of the Surface Mining Control and Reclamation Act of 

15 1977 (30 U.S.C. 1240a(a)) is amended— 

16 (1) by inserting ‘‘(1)’’ before the first sentence; 

17 and 

18 (2) by adding at the end the following: 

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 (h) EXTENSION OF LIMITATION ON APPLICATION OF

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

6 of the Surface Mining Control and Reclamation Act of 

7 1977 (30 U.S.C. 1260(e)) is amended by striking ‘‘2004’’ 

8 and inserting ‘‘2019’’. 

9 SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION 

10 OF THIS TITLE. 

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

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

13 and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (ex14 cluding interest) prior to the date of enactment of this 

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

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

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

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

19 (30 U.S.C. 1232(h)), as amended by this Act, in the same 

20 manner as are other amounts available for such transfers. 

21 (2) Notwithstanding any other provision of law, inter22 est credited to the fund established by section 401 of the 

23 Surface Mining Control and Reclamation Act of 1977 (30 

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

25 Benefit Fund referred to in section 402(h) of such Act 
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1 (30 U.S.C. 1232(h)), as amended by this Act, prior to the 

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

3 year 2004 and thereafter for transfer to the Combined 

4 Fund, and shall be used, notwithstanding any other provi5 sion of law, to pay the amount of any deficit in net assets 

6 in the Combined Fund. 

7 (b) INVENTORY.—Within 1 year after the date of en8 actment of this Act, the Secretary of the Interior shall 

9 complete a review of all additions made, pursuant to 

10 amendments offered by States and Indian tribes after De11 cember 31, 1998, to the inventory referred to in section 

12 403(c) of the Surface Mining Control and Reclamation 

13 Act of 1977 (30 U.S.C. 1233(c)) to ensure that such addi14 tions reflect eligible lands and waters pursuant to section 

15 404 of such Act (30 U.S.C. 1234) that meet the priorities 

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

17 such Act (30 U.S.C. 1233(a)), and are correctly identified 

18 pursuant to such priorities. Any lands or waters that were 

19 included in the inventory pursuant to the general welfare 

20 standard set forth in section 403(a) of such Act (30 

21 U.S.C. 1233(a)) before the date of enactment of this Act 

22 that are determined in the review to no longer meet the 

23 criteria set forth in paragraphs (1) and (2) of section 
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1 403(a) of such Act, as amended by this Act, shall be re2 moved from the inventory. 

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