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(1) In subsection (c) strike paragraphs (2) and
(6) and renumber the paragraphs accordingly.
(2) In subsection (e), insert before the period in
the third sentence the following: ‘‘for the purpose of
the transfer provided by section 402(h).’’.
(b) Section 402 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232) is amended
as follows:
(1) In subsection (b) by striking ‘‘2004’’ and
inserting ‘‘2011’’.
(2) In subsection (g)(1)(D) strike ‘‘(2), (3), (4),
or’’.
(3) Subsection (g)(2) is amended to read as fol-
lows:
‘‘(2) In making the grants referred to in para-
graph (1)(C) and the grants referred to in para-
graph (5), the Secretary shall insure strict compli-
ance by the States and Indian tribes with the prior-
ities set forth in section 403(a) until a certification
is made under section 411(a).’’.
(4) In subsection (g)(3)—
(A) strike ‘‘paragraphs (2) and’’ and insert
‘‘paragraph’’; and
(B) strike ‘‘11’’ and insert ‘‘9’’.
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(5) Subsection (g)(4) is amended to read as fol-
lows:
‘‘(4)(A) Amounts available in the fund to the
Secretary for the purposes set forth under para-
graph (3)(C) or to a State or an Indian tribe under
paragraphs (1) and (5) are authorized to be ex-
pended for the reclamation or drainage abatement of
lands and waters which were mined for coal or which
were affected by such mining, wastebanks, coal proc-
essing or other coal mining processes and left in an
inadequate reclamation status if the surface coal
mining operation occurred during the period begin-
ning on August 4, 1977, and ending on or before the
date on which the Secretary approved a State pro-
gram pursuant to section 503 for a State in which
the site is located, and that any funds for reclama-
tion or abatement which are available pursuant to a
bond or other form of financial guarantee or from
any other source are not sufficient to provide for
adequate reclamation or abatement at the site.
‘‘(B) In determining which sites to reclaim pur-
suant to this paragraph, the Secretary, a State or
Indian tribe, as the case may be, shall follow the pri-
orities set forth under section 403(a). The Secretary,
the State or Indian tribe, as the case may be, shall
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ensure that priority is given to those sites which are
in the immediate vicinity of a residential area or
which have an adverse economic impact upon a local
community.’’.
(6) In subsection (g)(5)—
(A) strike ‘‘40’’ and insert ‘‘60’’; and
(B) strike ‘‘Funds allocated or expended
by the Secretary under paragraphs (2), (3), or
(4),’’ and insert ‘‘Funds made available under
paragraph (3) or (4)’’.
(7) Subsection (g)(6) is amended to read as fol-
lows:
‘‘(6)(A) Any State with an approved abandoned
mine reclamation program pursuant to section 405
may retain, with regard to the 3-year limitation re-
ferred to in paragraph (1)(D), up to 10 percent of
the total of the grants made annually to such State
under paragraphs (1) and (5) if such amounts are
deposited into an acid mine drainage abatement and
treatment fund established under State law, from
which amounts (together with all interest earned on
such amounts) are expended by the State for the
abatement of the causes and the treatment of the
effects of acid mine drainage in a comprehensive
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manner within qualified hydrologic units affected by
coal mining practices.
‘‘(B) For the purposes of this paragraph, the
term ‘qualified hydrologic unit’ means a hydrologic
unit—
‘‘(i) in which the water quality has been
significantly affected by acid mine drainage
from coal mining practices in a manner which
adversely impacts biological resources; and
‘‘(ii) which contains lands and waters
which are—
‘‘(I) eligible pursuant to section 404
and include any of the priorities set forth
in section 403(a), or notwithstanding the
certification referred to in section 411(a),
the priority set forth in section 411(c)(1);
and
‘‘(II) the subject of expenditures by
the State from the forfeiture of bonds re-
quired under section 509 or from other
States sources to abate and treat acid
mine drainage.’’.
(8) Subsection (g)(7) is amended to read as fol-
lows:
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‘‘(7) In complying with the priorities set forth
in section 403(a), any State or Indian tribe may use
amounts available in grants made annually to such
State or tribe under paragraphs (1) and (5) for the
reclamation of eligible lands and waters set forth in
section 411(c)(1), notwithstanding the certification
referred to in section 411(a), only if the expenditure
of funds for such reclamation is done in conjunction
with the expenditure of funds to address the prior-
ities set forth in section 403(a), or in association
with a surface coal mining operation on lands eligi-
ble for remining under this Act.’’.
(9) In subsection (g)(8) insert ‘‘or for the rec-
lamation of eligible lands and waters set forth in
section 411(c)(1)’’ after ‘‘section 403(a)’’.
(10) In subsection (h)(2)—
(A) strike ‘‘sum of—’’ and all that follows
through ‘‘$70,000,000’’ and insert ‘‘sum of the
amount of interest which the Secretary esti-
mates will be earned and paid to the fund dur-
ing the fiscal year with such amount used, not-
withstanding any other provision of law, to pay
the amount of any deficit in net assets in the
Combined Fund’’; and
(B) strike subparagraphs (A) and (B).
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(11) Strike paragraphs (3) and (4) of sub-
section (h).
(c) Section 403 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended
as follows:
(1) In subsection (a)—
(A) In paragraph (1) strike ‘‘general wel-
fare,’’ and insert ‘‘and’’ after the semicolon.
(B) In paragraph (2) strike ‘‘health, safe-
ty, and general welfare’’ and insert ‘‘health and
safety’’ and insert a period in lieu of the semi-
colon at the end.
(C) Strike paragraphs (3), (4) and (5).
(2) In subsection (b)—
(A) Strike ‘‘UTILITIES AND OTHER
FACILITIES’’ and insert ‘‘WATER SUPPLY
RESTORATION’’.
(B) Strike ‘‘(B)’’ each place it appears in
paragraph (2).
(3) In subsection (c) insert ‘‘, subject to the ap-
proval of the Secretary,’’ after ‘‘amendments’’.
(d) Section 404 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1234) is amended
by striking ‘‘section 403(b)(1)’’ and inserting ‘‘section
403(b)’’.
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(e) Section 406(i) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1236(i)) is amended
to read as follows:
‘‘(i) There is authorized to be appro-
priated to the Secretary of Agriculture
such sums as may be necessary from
amounts other than those made available
under this title to carry out provisions of
this section.’’.
(f) Section 408(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1238) is amended
by striking ‘‘who owned the surface prior to May 2, 1977,
and’’.
(g) Section 409 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1239) is amended
as follows:
(1) In subsection (a) strike ‘‘at the request of
the Governor of any State, or the governing body of
an Indian tribe’’ and insert ‘‘a State or Indian tribe,
as the case may be’’.
(2) In subsection (b) strike ‘‘paragraphs (1)
and (5) of section 402(g)’’ and insert ‘‘section
402(g)(1)’’.
(3) Subsection (c) is amended to read as fol-
lows:
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‘‘(c)(1) In the case of a State or Indian tribe, expend-
itures to carry out the purposes of this section may only
be made after making a request to, and receiving approval
from, the Secretary. Only those reclamation projects which
meet the priorities set forth in section 403(a)(1) for lands
and waters referenced under section 404 shall be eligible
under this section, except that for the purposes of this
section the references to coal in section 403(a)(1) and sec-
tion 404 shall not apply.
‘‘(2) No expenditures shall be made under this sec-
tion in those States and tribes certified under section
411(a) except in those States and tribes which have not
completed the reclamation of eligible lands and waters set
forth in section 411(c)(1).’’.
(h) Section 411 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1240a) is amended
to read as follows:
‘‘SEC. 411. CERTIFICATION.
‘‘(a) CERTIFICATION OF COMPLETION OF HIGH PRI-
ORITY COAL RECLAMATION PROJECTS.—(1) Pursuant to
the procedures set forth in this subsection, the Governor
of a State or the head of a governing body of an Indian
tribe with an approved abandoned mine reclamation
project under section 405, the Secretary, or the person
referred to in paragraph (4) may seek to certify the com-
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pletion of all reclamation projects relating to the priorities
set forth in section 403(a) for eligible lands and water pur-
suant to section 404 in such State or tribe.
‘‘(2) In the case of a Governor of a State or the head
of a governing body of an Indian tribe referred to in para-
graph (1), the certification shall be made to the Secretary
who, after notice in the Federal Register and opportunity
for public comment, shall concur with such certification
if the Secretary determines that such certification is cor-
rect.
‘‘(3) The Secretary may, on his or her own volition,
cause the certification referred to in paragraph (1) to be
made in any State or tribe referred to in such paragraph
if on the basis of the inventory referred to in section
403(c) all reclamation projects relating to the priorities
set forth in section 403(a) for eligible lands and water pur-
suant to section 404 in such State or tribe have been com-
pleted. The Secretary shall only make such certification
after notice in the Federal Register and opportunity for
public comment.
‘‘(4) Any person who resides in a State or tribe re-
ferred to in paragraph (1) may petition the Secretary to
make the certification referred to in paragraph (1). In fil-
ing such a petition, such person shall at a minimum pro-
vide evidence that all reclamation projects relating to the
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priorities set forth in section 403(a) for eligible lands and
waters pursuant to section 404 have been completed.
Upon receipt of a petition under this paragraph, the Sec-
retary shall publish a notice in the Federal Register de-
scribing the nature of the petition and if, after notice and
opportunity for public comment, the Secretary determines
there is sufficient reason to make the certification referred
to in paragraph (1) the Secretary shall make such certifi-
cation.
‘‘(b) ELIGIBLE LANDS, WATERS, AND FACILITIES.—
After a certification has been made under subsection (a),
for the purposes of determining the eligibility of lands and
waters for annual grants under section 402(g)(1), eligible
lands and waters shall be—
‘‘(1) those eligible under section 404 but not
otherwise eligible under the priorities set forth in
section 403(a); and
‘‘(2) upon the completion of all projects eligible
under paragraph (1), notwithstanding section 404,
eligible lands and waters which were mined or proc-
essed for minerals or which were affected by such
mining or processing, and abandoned or left in an
inadequate reclamation status prior to August 3,
1977, and for which there is no continuing reclama-
tion responsibility under State or other Federal
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laws, except that in determining the eligibility under
this paragraph of lands and waters under the ad-
ministrative jurisdiction of the Forest Service or Bu-
reau of Land Management, in lieu of August 3,
1977, the applicable date shall be August 28, 1974,
and November 26, 1980, respectively.’’.
‘‘(c) PRIORITIES.—Expenditures of moneys for lands
and waters referred to in subsection (b) shall reflect the
following objectives and priorities in the order stated—
‘‘(1) For the purpose of subsection (b)(1), the
restoration of land and water resources and the envi-
ronment previously degraded by adverse effects of
coal mining practices.
‘‘(2) For the purpose of subsection (b)(2)—
‘‘(A) the protection of public health, safety,
and property from extreme danger of adverse
effects of mineral mining and processing prac-
tices;
‘‘(B) the protection of public health and
safety from adverse effects of mineral mining
and processing practices; and
‘‘(C) the restoration of land and water re-
sources and the environment previously de-
graded by the adverse effects of mineral mining
and processing practices.
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‘‘(d) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—
Sites and areas designated for remedial action pursuant
to the Uranium Mill Tailings Radiation Control Act of
1978 (42 U.S.C. 7901 and following) or which have been
listed for remedial action pursuant to the Comprehensive
Environmental Response Compensation and Liability Act
of 1980 (42 U.S.C. 9601 and following) shall not be eligi-
ble for expenditures from the Fund under this section.
‘‘(e) WATER SUPPLY RESTORATION.—Reclamation
projects involving the protection, repair, replacement, con-
struction, or enhancement of facilities relating to water
supply, including water distribution facilities and treat-
ment plants, to replace water supplies adversely affected
by past mineral mining and processing practices, may be
undertaken as they relate to eligible lands and waters
under subsection (b)(2).
‘‘(f) PUBLIC
FACILITIES.—Notwithstanding sub-
sections (c) and (e), where the Governor of a State or the
head of a governing body of an Indian tribe certified under
subsection (a) determines there is a need for the: (1) con-
struction of public facilities related to the coal or minerals
industry in States or tribe impacted by coal or minerals
development, or (2) the protection, repair, replacement,
construction, or enhancement of public facilities such as
recreation and conservation facilities adversely affected by
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past coal or minerals mining and processing practices, and
the Secretary concurs with such need, then the State or
tribe, as the case may be, may use annual grants made
available under section 402(g)(1) to carry out such activi-
ties or construction.
‘‘(g) APPLICATION OF OTHER PROVISIONS.—All pro-
visions of this title shall apply to this section, as they may
be applicable, except that for purposes of subsection
(b)(2), subsection (c) and subsection (e) the references to
‘coal’ in this title shall be deemed to be references to ‘min-
erals’ or ‘mineral’.’’.
(i) Section 413 of the Surface Mining
Control and Reclamation Act of 1977 (30
U.S.C. 1242) is amended by striking sub-
section (d) and redesignating subsection
(e) as subsection (d).
SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION
OF THIS ACT.
(a) REALLOCATIONS.—(1) Amounts allocated under
section 401(g)(2) of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding
interest) but not appropriated prior to the date of enact-
ment of this Act for the program set forth under section
406 shall be available for the purpose described in section
402(g)(5) of such Act.
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(2) Notwithstanding any other provision of law, inter-
est credited to the fund established by section 401 of the
Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1231) not transferred to the Combined Fund iden-
tified in section 402(h)(2) of such Act prior to the date
of enactment of this Act shall be transferred to such Com-
bined Fund within 30 days after the enactment of this
Act for the purpose set forth in section 402(h)(2) of the
Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(h)(2)) as amended by this Act.
(b) INVENTORY.—(1) Within one year after the date
of enactment of this Act, the Secretary shall complete a
review of all amendments made by States and Indians
tribes since December 31, 1998, to the inventory referred
to in section 403(c) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(c)) to insure
that such additions reflect eligible lands and waters pursu-
ant to section 404 of such Act meeting the priorities set
forth in section 403(a) of such Act, and are correctly iden-
tified pursuant to such priorities. In conducting such re-
view, any projects found to be included in the inventory
pursuant to the general welfare standard set forth in sec-
tion 403(a) of such Act prior to the date of enactment
of this Act shall be deemed as no longer being eligible
under section 403(a) of such Act as amended by this Act
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and may only be carried out under section 411(c)(1) of
such Act.
(2) The Inspector General of the Department of the
Interior shall evaluate the review undertaken by the Sec-
retary under paragraph (1), and together with the Sec-
retary, report the results of the review to the Committee
on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the United
States House of Representatives within 60 days after the
completion of the review.
(3) On an annual basis, the Inspector General of the
Department of the Interior shall review any amendments
made to the inventory referred to in section 403(c) of the
Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(c)) to insure such amendments meet the pri-
orities set forth in section 403(a) of such Act.
(c) SAVINGS CLAUSE.—Nothing in this Act shall be
deemed as superseding, amending, modifying or repealing
any certification made pursuant to section 411 of the Sur-
face Mining Control and Reclamation Act of 1977 (30
U.S.C. 1240a) prior to the date of enactment of this Act.
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