152 
‘‘(ii) CONVERSION
AS
EQUIVALENT 
PAYMENTS.—Amounts allocated under sub-
paragraphs (A) or (B) of section 402(g)(1) 
shall be reallocated to the allocation estab-
lished in section 402(g)(5) in amounts 
equivalent to payments made to States or 
Indian tribes under this paragraph. 
‘‘(B) AMOUNT
DUE.—In this paragraph, 
the term ‘amount due’ means the unappropri-
ated amount allocated to a State or Indian tribe 
before October 1, 2007, under subparagraph 
(A) or (B) of section 402(g)(1). 
‘‘(C) SCHEDULE.—Payments under sub-
paragraph (A) shall be made in 7 equal annual 
installments, beginning with fiscal year 2008. 
‘‘(D) USE OF FUNDS.— 
‘‘(i) CERTIFIED STATES AND INDIAN 
TRIBES.—A State or Indian tribe that 
makes a certification under subsection (a) 
in which the Secretary concurs shall use 
any amounts provided under this para-
graph for the purposes established by the 
State legislature or tribal council of the In-
dian tribe, with priority given for address-
ing the impacts of mineral development. 
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153 
‘‘(ii) UNCERTIFIED STATES AND IN-
DIAN
TRIBES.—A State or Indian tribe 
that has not made a certification under 
subsection (a) in which the Secretary has 
concurred shall use any amounts provided 
under this paragraph for the purposes de-
scribed in section 403. 
‘‘(2) SUBSEQUENT STATE AND INDIAN TRIBE 
SHARE
FOR
CERTIFIED
STATES
AND
INDIAN 
TRIBES.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 401(f)(3)(B), from funds referred to in 
section 402(i)(2), the Secretary shall pay to 
each certified State or Indian tribe an amount 
equal to the sum of the aggregate unappropri-
ated amount allocated on or after October 1, 
2007, to the certified State or Indian tribe 
under subparagraph (A) or (B) of section 
402(g)(1). 
‘‘(B) CERTIFIED STATE OR INDIAN TRIBE 
DEFINED.—In this paragraph the term ‘cer-
tified State or Indian tribe’ means a State or 
Indian tribe for which a certification is made 
under subsection (a) in which the Secretary 
concurs. 
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154 
‘‘(3) MANNER OF PAYMENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), payments to States or Indian tribes 
under this subsection shall be made without re-
gard to any limitation in section 401(d) and 
concurrently with payments to States under 
that section. 
‘‘(B) INITIAL PAYMENTS.—The first 3 pay-
ments made to any State or Indian tribe shall 
be reduced to 25 percent, 50 percent, and 75 
percent, respectively, of the amounts otherwise 
required under paragraph (2)(A). 
‘‘(C) INSTALLMENTS.—Amounts withheld 
from the first 3 annual installments as provided 
under subparagraph (B) shall be paid in 2 
equal annual installments beginning with fiscal 
year 2018. 
‘‘(4) REALLOCATION.— 
‘‘(A) IN GENERAL.—The amount allocated 
to any State or Indian tribe under subpara-
graph (A) or (B) of section 402(g)(1) that is 
paid to the State or Indian tribe as a result of 
a payment under paragraph (1) or (2) shall be 
reallocated and available for grants under sec-
tion 402(g)(5). 
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155 
‘‘(B) ALLOCATION.—The grants shall be 
allocated based on the amount of coal histori-
cally produced before August 3, 1977, in the 
same manner as under section 402(g)(5).’’. 
SEC. 317. REMINING INCENTIVES. 
Title IV of the Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1231 et seq.) is amended by 
adding at the following: 
‘‘SEC. 415. REMINING INCENTIVES. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, the Secretary may, after opportunity 
for public comment, promulgate regulations that describe 
conditions under which amounts in the fund may be used 
to provide incentives to promote remining of eligible land 
under section 404 in a manner that leverages the use of 
amounts from the fund to achieve more reclamation with 
respect to the eligible land than would be achieved without 
the incentives. 
‘‘(b) REQUIREMENTS.—Any regulations promulgated 
under subsection (a) shall specify that the incentives shall 
apply only if the Secretary determines, with the concur-
rence of the State regulatory authority referred to in title 
V, that, without the incentives, the eligible land would not 
be likely to be remined and reclaimed. 
‘‘(c) INCENTIVES.— 
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156 
‘‘(1) IN GENERAL.—Incentives that may be con-
sidered for inclusion in the regulations promulgated 
under subsection (a) include, but are not limited 
to— 
‘‘(A) a rebate or waiver of the reclamation 
fees required under section 402(a); and 
‘‘(B) the use of amounts in the fund to 
provide financial assurance for remining oper-
ations in lieu of all or a portion of the perform-
ance bonds required under section 509. 
‘‘(2) LIMITATIONS.— 
‘‘(A) USE.—A rebate or waiver under 
paragraph (1)(A) shall be used only for oper-
ations that— 
‘‘(i) remove or reprocess abandoned 
coal mine waste; or 
‘‘(ii) conduct remining activities that 
meet the priorities specified in paragraph 
(1) or (2) of section 403(a). 
‘‘(B) AMOUNT.—The amount of a rebate 
or waiver provided as an incentive under para-
graph (1)(A) to remine or reclaim eligible land 
shall not exceed the estimated cost of reclaim-
ing the eligible land under this section.’’. 
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