(1) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
subtitle. 
(2) All amounts deposited in the Fund under 
section 211. 
(3) All income on investments under subsection 
(b). 
(b) INVESTMENT.—The Secretary shall notify the 
Secretary of the Treasury as to what portion of the Fund 
is not, in the Secretary’s judgment, required to meet cur-
rent withdrawals. The Secretary of the Treasury shall in-
vest such portion of the Fund in public debt securities 
with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration current market 
yields on outstanding marketplace obligations of the 
United States of comparable maturities. 
(c) ADMINISTRATION.— 
(1) The Fund shall be administered by the Sec-
retary, acting through the Director of the Office of 
Surface Mining Reclamation and Enforcement. 
(2) Amounts credited to the Fund shall be 
available, without further appropriation, for obliga-
tion and expenditure, and shall remain available 
until expended. 
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(3) The Secretary may retain such funds as 
necessary for the administrative expenses of the 
United States, Indian tribes, and the States to ac-
complish the purposes of this subtitle. 
(d) 
EXPENDITURES.—Subject 
to 
section 
222, 
amounts in the Fund may, without fiscal year limitation 
and without further appropriation— 
(1) be expended by the Secretary for the pur-
poses described in section 222; 
(2) be transferred by the Secretary to the Di-
rector of the Bureau of Land Management, the 
Chief of the Forest Service, the Director of the Na-
tional Park Service, the Director of the United 
States Fish and Wildlife Service, or the head of any 
other Federal agency, that develops, implements, 
and has the ability to carry out all or a significant 
portion of a reclamation program under this subtitle; 
or 
(3) be transferred by the Secretary to an Indian 
tribe or a State with an approved reclamation pro-
gram, as provided in subsection (e). 
(e) STATE AND TRIBAL RECLAMATION PROGRAMS.— 
(1) Each State having within the borders of the 
State, or tribe having within the borders of the res-
ervation of the tribe, mined land that is eligible for 
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reclamation under this title may submit to the Sec-
retary a reclamation program for the land. 
(2) If the Secretary determines that a State or 
tribe has developed and submitted a program for 
reclamation of abandoned mines consistent with the 
priorities established under section 222(c) and has 
the ability and necessary State or tribal legislation 
to implement this subtitle, the Secretary shall— 
(A) approve the program; and 
(B) grant to the State or tribe the exclu-
sive responsibility and authority to implement 
the approved program. 
(3) The Secretary shall withdraw the approval 
and authorization if the Secretary determines that 
the State or tribal program is not in compliance with 
procedures, guidelines, and requirements established 
by the Secretary. 
(4) Subject to paragraph (3), any State pro-
gram in an abandoned hardrock mine State or tribal 
program for reclamation of abandoned mines ap-
proved under title IV of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1231 et 
seq.) before the date of enactment of this Act and 
in good standing with the Secretary as of that date 
shall be considered approved under this subtitle. 
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