I 
108TH CONGRESS 
2D SESSION 
H. R. 3778
To amend the Surface Mining Control and Reclamation Act of 1977 to 
reauthorize collection of reclamation fees, revise the abandoned mine 
reclamation program, promote remining, authorize the Office of Surface 
Mining to collect the black lung excise tax, and make sundry other 
changes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2004
Mr. PETERSON of Pennsylvania (for himself and Mr. SHERWOOD) 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 collection of reclamation fees, 
revise the abandoned mine reclamation program, promote 
remining, authorize the Office of Surface Mining to col-
lect the black lung excise tax, and make sundry other 
changes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Abandoned Mine Rec-
lamation Program Extension and Reform Act of 2004’’.
SEC. 2. AMENDMENTS TO THE SURFACE MINING CONTROL 
AND RECLAMATION ACT OF 1977. 
The Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1201 et seq.) is amended as follows: 
(1) Section 401(c) is amended by—
(A) striking paragraph (2); 
(B) striking the word ‘‘and’’ after the first 
occurrence of the word ‘‘subsidence’’ in para-
graph (1) and redesignating the portion of 
paragraph (1) following the deleted word as 
paragraph (2); and 
(C) striking the phrase ‘‘section 402(g)(1) 
of this Act’’ in paragraph (2) and inserting in 
its 
place 
‘‘section 
402(g)(1) 
or 
section 
403(b)(1) of this Act’’. 
(2) Section 401(c)(5) is amended by inserting 
before the semicolon ‘‘, and other audit and collec-
tion activities under sections 402(d) and 414(b) of 
this Act’’. 
(3) Section 401(c)(6) is amended by striking 
everything after ‘‘Department of the Interior’’ and 
inserting in its place ‘‘with public and private orga-
nizations conducted for the purposes of this title of 
this Act to such extent and in such amounts as are 
provided in appropriation Acts;’’.
(4) Section 401(c)(10) is amended by striking 
‘‘section 411’’ and inserting in its place ‘‘section 
415’’. 
(5) Section 401(c)(12) is amended by striking 
‘‘section 402(h)’’ and inserting in its place ‘‘sub-
section (f) of this section’’. 
(6) In section 401, subsections (d) and (e) are 
amended to read as follows: 
‘‘(d) AVAILABILITY OF MONEYS FROM FUND.—
‘‘(1) IN GENERAL.—Moneys from the fund shall 
be available for the purposes of this title of this Act, 
or for distribution under paragraph (2) of this sub-
section, only when appropriated therefor. Such ap-
propriations shall be made without fiscal year limita-
tions. 
‘‘(2) DISPOSITION OF UNAPPROPRIATED STATE-
SHARE
BALANCE.—This paragraph applies to the 
portion of the fund that was allocated to States and 
Indian tribes under section 402(g)(1) of this Act 
and that was not appropriated as of the end of the 
fiscal year ending September 30, 2004. 
‘‘(A) STATES
AND
INDIAN
TRIBES
CER-
TIFIED AS OF SEPTEMBER 30, 2004.—States and 
Indian tribes that have been certified under sec-
tion 411 of this Act as of September 30, 2004,
shall receive, subject to appropriation, the un-
appropriated balance of their allocation in an-
nual payments beginning with fiscal year 2005 
and ending with fiscal year 2014. 
‘‘(B) STATES
AND
INDIAN
TRIBES
NOT 
CERTIFIED AS OF SEPTEMBER 30, 2004.—States 
and Indian tribes that have not been certified 
under section 411 of this Act as of September 
30, 2004, shall receive, subject to appropria-
tion, the unappropriated balance of their alloca-
tion as grants awarded in accordance with sec-
tions 403(b) and 405(h) of this Act. 
‘‘(C) STATES AND INDIAN TRIBES CERTI-
FYING AFTER SEPTEMBER 30, 2004.—States and 
Indian tribes that are certified under section 
411 of this Act after September 30, 2004, shall 
receive, subject to appropriation, the portion of 
their allocation under section 402(g)(1) of this 
Act that has not been previously disbursed to 
those States and tribes as grants under para-
graph (2)(B) of this subsection. Disbursement 
shall be made in annual payments, beginning 
with the fiscal year following certification and 
ending with fiscal year 2014. These payments 
shall be made using funds appropriated for the
purpose of making grants to States and Indian 
tribes under section 405(h). 
‘‘(D) NO EXPENDITURE RESTRICTIONS.—
Monies disbursed under paragraphs (2)(A) and 
(C) of this subsection may be expended without 
regard to any other provision of this Act: Pro-
vided, That, whenever a certified State or In-
dian tribe becomes aware of a coal mining-re-
lated problem within its borders, the State or 
tribe must first use those monies to promptly 
address that problem if the site is eligible for 
reclamation under section 404 of this Act and 
if the problem meets one of the priorities in 
paragraphs (1) and (2) of section 403(a) of this 
Act. 
‘‘(3) REALLOCATION OF OTHER UNAPPROPRI-
ATED BALANCES.—
‘‘(A) RURAL ABANDONED MINE RECLAMA-
TION PROGRAM.—That part of the fund allo-
cated by section 402(g)(2) for the rural aban-
doned mine reclamation program under section 
406 of this Act that has not been appropriated 
as of September 30, 2004, shall be available for 
appropriation for the purposes set forth in sec-
tion 403(b) of this Act.
‘‘(B) FEDERAL SHARE.—That part of the 
fund allocated by section 402(g)(3) for use by 
the Secretary that has not been appropriated as 
of September 30, 2004, shall be available for 
appropriation for the purposes set forth in sec-
tion 403(b) of this Act. 
‘‘(C) 
HISTORIC
PRODUCTION
ALLOCA-
TION.—That part of the fund allocated by sec-
tion 402(g)(5) for historic production supple-
mental grants to States and Indian tribes that 
has not been appropriated as of September 30, 
2004, shall be available for appropriation for 
the purposes set forth in section 403(b) of this 
Act. 
‘‘(e) INTEREST.—The Secretary of the Interior shall 
notify the Secretary of the Treasury as to what portion 
of the fund is not, in his or her judgment, required to 
meet current withdrawals. The Secretary of the Treasury 
shall invest such portion of the fund in public debt securi-
ties with maturities determined by the Secretary of the 
Interior and suitable for the needs of the fund and achiev-
ing the purposes of the transfers under subsection (f). 
Such securities shall bear interest at rates determined by 
the Secretary of the Treasury, taking into consideration 
current market yields on outstanding marketable obliga-
tions of the United States of comparable maturities. The 
income on such investments shall be credited to, and form 
a part of, the fund.’’. 
(7) In Section 401, insert a new subsection (f) 
as follows: 
‘‘(f) TRANSFERS TO COMBINED BENEFIT FUND.—
‘‘(1) Notwithstanding any other provision of 
law, at the beginning of each fiscal year, the Sec-
retary shall transfer from the fund to the United 
Mine Workers of America Combined Benefit Fund 
(referred to as the ‘Combined Fund’ in this title of 
this Act), as established under section 9702 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9702), 
an amount equal to the amount of expenditures that 
the trustees of the Combined Fund estimate will be 
debited against the unassigned beneficiaries pre-
mium account under section 9704(e) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9704(e)) for the 
fiscal year of the Combined Fund in which the 
transfer is made: Provided, That the amount trans-
ferred shall not exceed the amount available under 
paragraph (2) of this subsection. 
‘‘(2) In making the transfers, the Secretary 
shall first use the interest that has been earned by 
and paid to the fund during the preceding year, fol-
lowed by any interest earned in prior years and not 
previously transferred. 
‘‘(3) If, for any fiscal year, the amount trans-
ferred is more or less than the actual expenditures 
for the unassigned beneficiaries premium account in 
that year, the Secretary shall appropriately adjust 
the amount transferred for the next fiscal year.’’. 
(8) Section 402(a) is amended to read as fol-
lows: 
‘‘(a) PAYMENT; RATE.—All operators of coal mining 
operations subject to the provisions of this Act shall pay 
to the Secretary of the Interior, for deposit in the fund, 
a reclamation fee according to the following schedule: 
‘‘(1) From October 1, 2004, through September 
30, 2009—
‘‘(A) 29.75 cents per ton of coal (except 
lignite) produced by surface mining; 
‘‘(B) 12.75 cents per ton of coal produced 
by underground mining; and 
‘‘(C) 8.5 cents per ton of lignite coal pro-
duced. 
‘‘(2) From October 1, 2009, through September 
30, 2014—
‘‘(A) 28 cents per ton of coal (except lig-
nite) produced by surface mining;
‘‘(B) 12 cents per ton of coal produced by 
underground mining; and 
‘‘(C) 8 cents per ton of lignite coal pro-
duced. 
‘‘(3) From October 1, 2014, through September 
30, 2018—
‘‘(A) 26.25 cents per ton of coal (except 
lignite) produced by surface mining; 
‘‘(B) 11.25 cents per ton of coal produced 
by underground mining; and 
‘‘(C) 7.5 cents per ton of lignite coal pro-
duced. 
‘‘(4) In lieu of the rates in paragraphs (1) 
through (3) above, the operator may pay a fee of 10 
per cent of the value of the coal at the mine, as de-
termined by the Secretary, for each ton of coal pro-
duced by surface or underground mining: Provided, 
That the alternate fee for lignite coal shall be 2 per-
cent of the value of the coal at the mine, as deter-
mined by the Secretary.’’. 
(9) Section 402(b) is amended by—
(A) striking ‘‘Such fee’’ and inserting in 
its place ‘‘Reclamation fees’’; and 
(B) striking ‘‘2004’’ and all that follows 
and inserting in its place ‘‘2018’’.
(10) Section 402(c) is amended to read as fol-
lows: 
‘‘(c) SUBMISSION OF QUARTERLY REPORTS.—
‘‘(1) All operators of surface coal mining oper-
ations shall submit a report no later than thirty days 
after the end of each calendar quarter. The report 
shall include— 
‘‘(A) a statement of the amount of coal 
produced during the calendar quarter, the 
method of coal removal and the type of coal; 
‘‘(B) an identification of the permittee and 
the operator of the surface coal mining oper-
ation, the owner of the coal, the preparation 
plant or tipple receiving the coal or the loading 
point for the coal, and the person purchasing 
the coal from the operator or permittee; 
‘‘(C) the number of the permit required 
under section 506 of this Act; and 
‘‘(D) the identification number issued by 
the Mine Safety and Health Administration for 
the operation. 
‘‘(2) Each quarterly report shall contain a noti-
fication of any changes in the information required 
by paragraph (1) of this subsection since the date of 
the preceding quarterly report.
‘‘(3) The operator must certify, under penalty 
of perjury, that the information in each report is 
true, correct, and complete. Any person, corporate 
officer, agent or director who, on behalf of a coal 
mine operator, knowingly makes any false statement, 
representation or certification or knowingly fails to 
make any statement, representation or certification 
required in this section shall, upon conviction, be 
punished by a fine of not more than $10,000, or by 
imprisonment for not more than one year, or both. 
‘‘(4) The information contained in the quarterly 
reports submitted under this subsection shall be 
maintained by the Secretary in a computerized data-
base.’’. 
(11) Section 402(d) is amended by—
(A) striking the word ‘‘PENALTY’’ from the 
title and inserting in its place the word ‘‘AU-
DITS’’ ; 
(B) striking paragraph (1); 
(C) redesignating paragraph (2) as para-
graph (1); and 
(D) inserting paragraph (2) to read as fol-
lows: 
‘‘(2) The Secretary is authorized to audit com-
pliance with the excise tax payment requirements of
section 4121 of the Internal Revenue Code of 1986 
(26 U.S.C. 4121) when conducting audits under this 
subsection.’’. 
(12) Section 402(f) is amended to read as fol-
lows: 
‘‘(f) COOPERATION FROM OTHER AGENCIES.—All 
Federal and State agencies shall fully cooperate with the 
Secretary of the Interior in the enforcement of this sec-
tion. Whenever the Secretary of the Interior believes that 
any person has not paid the full amount of the fee payable 
under section 402(a) of this Act or the excise tax payable 
under section 4121 of the Internal Revenue Code of 1986 
(26 U.S.C. 4121), he or she shall notify the Federal agen-
cy responsible for enforcing the provisions of section 4121 
of the Internal Revenue Code of 1986 (26 U.S.C. 4121).’’. 
(13) Section 402(g) is amended by—
(A) amending the subsection heading to 
read ‘‘ALLOCATION
OF FEE RECEIPTS
AND 
OTHER MONIES PRIOR
TO SEPTEMBER 30, 
2004.—’’
(B) in paragraph (1), striking ‘‘Except as 
provided in subsection (h)’’ and inserting in its 
place ‘‘Except as otherwise provided in this 
Act’’;
(C) amending paragraphs (1)(A)(ii) and 
(1)(B)(ii) to read as follows: 
‘‘(ii) Lands and waters which are eli-
gible pursuant to section 404 (in the case 
of a State not certified under section 411). 
In the case of a State certified under sec-
tion 411, eligible lands and waters shall be 
those which were mined or processed 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 reclamation respon-
sibility under State or other Federal 
laws.’’; 
(D) striking ‘‘section 401(c)(2)’’ at the end 
of paragraph (2) and inserting in its place ‘‘for 
the purposes of section 406’’; 
(E) striking everything in paragraph (4) 
after ‘‘subparagraph (A)’’ in subparagraph (B) 
and inserting in its place ‘‘if the requirements 
of section 404(b) are met.’’; 
(F) striking paragraph (5) in its entirety 
and inserting in its place ‘‘This subsection ap-
plies only to fees and other monies payable to
the fund as of September 30, 2004, and to 
monies appropriated from the fund as of that 
date. Sections 401(d) and 403(b) of this Act 
govern allocations and disbursements after that 
date.’’; 
(G) striking paragraphs (6) through (8) in 
their entirety; and 
(H) striking subsection (h) paragraph (h) 
in its entirety. 
(14) Section 403 is amended by—
(A) amending the title to read ‘‘FUND 
OBJECTIVES AND EXPENDITURES.’’; 
(B) striking the phrase ‘‘except as pro-
vided for under section 411’’ in subsection (a) 
and inserting in its place ‘‘except as otherwise 
provided in this section, section 401(c), or sec-
tion 411’’; 
(C) striking the period at the end of sub-
section (a)(3) and inserting a semicolon in its 
place; 
(D) amending subsection (b) to read as 
follows: 
‘‘(b) ALLOCATION OF FUNDS AFTER SEPTEMBER 30, 
2004.—
‘‘(1) ALLOCATIONS TO STATES AND TRIBES.—
‘‘(A) At the beginning of each fiscal year, 
or as soon thereafter as practicable, the Sec-
retary shall allocate the monies appropriated 
from the fund for that year for grants to States 
and Indian tribes under section 405(h) of this 
Act. An allocation shall be made to each State 
and tribe that is eligible to receive a payment 
under section 401(d)(2)(C) of this Act and to 
each State and tribe that—
‘‘(i) has an approved abandoned mine 
reclamation program under section 405 of 
this Act that is not subject to the prohibi-
tion in paragraph (c) of that section; 
‘‘(ii) is not certified under section 411 
of this Act; and 
‘‘(iii) 
has 
within 
its 
jurisdiction 
unreclaimed lands or waters that are eligi-
ble pursuant to section 404 and that meet 
one of the priorities stated in paragraphs 
(1) and (2) of subsection (a) of this sec-
tion: Provided, That, when all States and 
Indian tribes have completed or provided 
for completion of reclamation of all lands 
and waters meeting the priorities in para-
graphs (1) and (2) of subsection (a) of this 
section, this criterion will no longer apply. 
‘‘(B) In making these allocations, the Sec-
retary shall use a formula based on historical 
coal production prior to August 3, 1977, in 
those States and tribes: Provided, That—
‘‘(i) donations received under section 
401(b)(3) shall be allocated in accordance 
with any stipulations by the donor; 
‘‘(ii) no State or Indian tribe shall re-
ceive an allocation of less than $2,000,000 
under this paragraph; and 
‘‘(iii) no State or Indian tribe shall re-
ceive an allocation of more than 25 percent 
of the total monies appropriated for grants 
under section 405(h): Provided further, 
That this restriction shall expire when 
fewer than eight States are eligible to re-
ceive an allocation under paragraph (1) of 
this subsection. 
‘‘(C) The amount dedicated by section 
401(d)(2)(B) of this Act to each State or In-
dian tribe that is not certified under section 
411 of this Act shall be reduced by the amount
allocated to that State or tribe under this para-
graph. 
‘‘(D) Amounts allocated to States and In-
dian tribes under this paragraph may be used 
to fund projects that protect, repair, replace, 
construct, or enhance facilities relating to water 
supply, including water distribution facilities 
and treatment plants, to replace water supplies 
adversely affected by coal mining practices. In 
making funding decisions on these projects, the 
State or tribe need not consider the priorities in 
subsection (a) of this section. If the adverse ef-
fect on water supplies occurred both prior to 
and after August 3, 1977 (or other applicable 
date under section 404), section 404 shall not 
be construed to prohibit a State or Indian tribe 
from using funds under this paragraph if the 
State or Indian tribe determines that such ad-
verse effects occurred predominantly prior to 
August 3, 1977 (or other applicable date under 
section 404). 
‘‘(2) FEDERAL EXPENDITURES.—To the extent 
authorized by annual appropriations, the Secretary 
may expend monies from the fund for any of the fol-
lowing purposes—
‘‘(A) providing assistance to small opera-
tors under section 507(c) of this Act, either di-
rectly or through grants to the States, subject 
to the limitation contained in section 401(c)(11) 
of this Act; 
‘‘(B) conducting emergency reclamation 
activities and projects under section 410 of this 
Act, either directly or through grants to the 
States and Indian tribes; 
‘‘(C) meeting the objectives of the fund set 
forth in paragraph (a) of this section for eligi-
ble lands and waters pursuant to section 404 of 
this Act in States and on Indian lands where 
the State or Indian tribe does not have an ap-
proved abandoned mine reclamation program 
pursuant to section 405 of this Act; 
‘‘(D) the administration of this title of this 
Act by the Secretary; 
‘‘(E) making supplemental grants to 
States and Indian tribes for the purposes of 
this title of this Act; 
‘‘(F) implementation of section 401(c)(6) 
of this Act; and 
‘‘(G) conducting other activities consistent 
with this title of this Act.’’;
(E) in subsection (c), redesignating the 
first sentence as paragraph (1), the second and 
third sentences as paragraph (2), the fourth 
sentence as paragraph (3), and the last sen-
tence as paragraph (4); and 
(F) striking ‘‘section 411(a)’’ in paragraph 
(c)(1) and inserting in its place ‘‘section 411’’. 
(15) Section 404 is amended to read as follows: 
‘‘SEC. 404. ELIGIBLE LANDS AND WATERS. 
‘‘(a) IN GENERAL.—
‘‘(1) Lands and waters eligible for reclamation 
or drainage abatement expenditures under this title 
of this Act are those which were mined for coal, or 
which were affected by such mining, waste banks, 
coal processing, or other coal mining processes, and 
abandoned or left in an inadequate reclamation sta-
tus prior to August 3, 1977, and for which there is 
no continuing reclamation responsibility under State 
or other Federal laws. For other provisions relating 
to lands and waters eligible for such expenditures, 
see subsections (b) and (c) of this section and sec-
tions 402(g)(1), 403(b)(1), and 409 of this Act. 
‘‘(2) Surface coal mining operations on lands el-
igible for remining shall not affect the eligibility of 
such lands for reclamation and restoration under
this title of this Act after the release of the bond or 
deposit for any such operation as provided under 
section 519 of this Act. In the event the bond or de-
posit for a surface coal mining operation on lands el-
igible for remining is forfeited, funds available under 
this title of this Act may be used if the amount of 
such bond or deposit is not sufficient to provide for 
adequate reclamation or abatement. If conditions 
warrant, the Secretary, State, or Indian tribe shall 
immediately exercise the appropriate authority under 
section 410 of this Act. 
‘‘(b) INITIAL PROGRAM SITES
AND BOND FOR-
FEITURE SITES WITH INSOLVENT SURETIES.—
‘‘(1) Sites of surface coal mining operations 
conducted after August 3, 1977, and lands and wa-
ters affected by such operations are also eligible for 
reclamation or drainage abatement expenditures 
under this title of this Act if they were left in an in-
adequate reclamation status and if the Secretary or 
the State, with the concurrence of the Secretary, 
makes either of the following findings: 
‘‘(A) A finding that the surface coal min-
ing operation occurred during the period begin-
ning on August 3, 1977, and ending on or be-
fore the effective date of the State regulatory
program approved by the Secretary pursuant to 
section 503 of this Act for the State in which 
the site is located, and that any funds for rec-
lamation or abatement which are available pur-
suant to a bond or other form of financial guar-
antee or from any other source are not suffi-
cient to provide for adequate reclamation or 
abatement at the site. 
‘‘(B) A finding that the surface coal min-
ing operation occurred during the period begin-
ning on August 3, 1977, and ending on or be-
fore November 5, 1990, and that the surety for 
the mining operation became insolvent during 
that period, and, as of November 5, 1990, 
funds immediately available from proceedings 
relating to that insolvency, or from any finan-
cial guarantee or other source, are not suffi-
cient to provide for adequate reclamation or 
abatement at the site. 
‘‘(2) All sites referred to in paragraph (1) with-
in any State shall be reclaimed before the State or 
the Secretary may make the certification referred to 
in section 411 of this Act. 
‘‘(3) Amounts collected from assessment of civil 
penalties under section 518 of this Act are author-
ized to be appropriated for the purposes of this sub-
section.’’. 
(16) Section 405 is amended by—
(A) in subsection (d), striking ‘‘sections 
402 and 410’’ and inserting in its place ‘‘sec-
tions 402, 414, and 415’’; 
(B) in subsection (f), striking paragraph 
(5) in its entirety and redesignating paragraphs 
(6) and (7) as paragraphs (5) and (6); 
(C) in subsection (f)(6), striking the colon 
after ‘‘grant’’ and inserting ‘‘and’’ before 
‘‘type’’; 
(D) in subsection (g), striking the colon 
after ‘‘include’’ and inserting ‘‘subsection (f) 
of’’ before ‘‘this section’’; and 
(E) amending subsection (h) to read as fol-
lows: 
‘‘(h) GRANT OF FUNDS.—
‘‘(1) IN GENERAL.—Upon approval of the State 
Reclamation Plan under this section and of the sur-
face coal mining regulatory program pursuant to 
section 503 of this Act, the Secretary shall grant, on 
an annual basis, funds to the State to implement the 
State reclamation program as approved by the Sec-
retary.
‘‘(2) APPLICATION
PROCESSING
DEADLINE.—
Within 60 days of receipt of a complete abandoned 
mine reclamation fund grant application from any 
eligible State, the Secretary shall grant to that State 
any and all funds available for such purposes in the 
applicable appropriations Act. 
‘‘(3) DISPOSITION OF UNEXPENDED FUNDS.—
Except as provided in paragraph (5), any funds not 
expended within 3 years after the date of any grant 
award shall be available for reallocation or expendi-
ture by the Secretary for any purpose under section 
403(b) of this Act. 
‘‘(4) SOURCE OF FUNDS.—In awarding grants 
to States and Indian tribes that were not certified 
under section 411 as of September 30, 2004, the 
Secretary shall exhaust the funds dedicated to those 
States and tribes in section 401(d)(2)(B) before 
awarding any funds allocated to those States and 
tribes under section 403(b)(1). 
‘‘(5) STATE
SET-ASIDE.—Any State with an 
abandoned mine reclamation program approved 
under subsection (d) may retain, without regard to 
the 3-year limitation referred to in paragraph (3), 
up to 10 percent of the total amount of the grants 
awarded annually to the State under paragraph (1),
excluding grants made under the authority of section 
403(b)(2), if those amounts are deposited into ei-
ther—
‘‘(A) a special trust fund established under 
State law that may earn interest and from 
which the State may make expenditures solely 
to achieve the priorities stated in section 403(a) 
after the State is no longer eligible to receive an 
allocation under section 403(b)(1) of this Act; 
or 
‘‘(B) an acid mine drainage abatement and 
treatment fund established under State law and 
from which the State may make expenditures 
solely for abatement of the causes of acid mine 
drainage and treatment of the effects of that 
drainage in a comprehensive manner within 
qualified hydrologic units affected by coal min-
ing practices. Any interest earned by this fund 
shall be expended for the purposes of this para-
graph. For purposes of this paragraph, the 
term ‘qualified hydrologic unit’ means a hydro-
logic unit in which water quality has been sig-
nificantly affected by acid mine drainage from 
coal mining practices in a manner that ad-
versely impacts biological resources and which 
contains lands and waters that—
‘‘(i) meet the eligibility requirements 
of section 404 and at least one of the pri-
orities in paragraphs (1), (2), and (3) of 
section 403(a); and 
‘‘(ii) either are or are proposed to be 
the subject of expenditures by the State 
from bond forfeiture proceeds under sec-
tion 509 of this Act, or from other State 
sources, to abate or treat acid mine drain-
age.’’. 
(17) Section 406 is amended by—
(A) striking the word ‘‘Soil’’ wherever it 
appears in subsection (h) and inserting in its 
place the words ‘‘Natural Resources’’; and 
(B) adding the following new subsection at 
the end: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Agri-
culture, from the general fund of the Treasury, such sums 
as may be necessary to carry out the provisions of this 
section.’’. 
(18) In section 408(a), the last sentence is 
amended by striking ‘‘, in accordance with this sub-
section, who owned the surface prior to May 2, 
1977, and’’. 
(19) Section 409 is amended—
(A) in the second sentence of subsection 
(a), by striking the second ‘‘the’’ before ‘‘gov-
erning body’’; 
(B) in the last sentence of subsection (a), 
by striking ‘‘State regulatory authorities’’ and 
inserting in its place ‘‘States and Indian 
tribes’’; 
(C) in subsection (b), by inserting ‘‘section 
403(b)(1)’’ before ‘‘the provisions’’; and 
(D) in subsection (c)(3), by striking 
‘‘which have made the certification referred to 
in section 411(a)’’ and inserting in its place 
‘‘that have been certified under section 411 of 
this Act’’. 
(20) Section 410 is amended by—
(A) inserting the title ‘‘IN GENERAL.—’’ at 
the beginning of subsection (a); 
(B) 
inserting 
the 
title 
‘‘RIGHT
OF 
ENTRY.—’’ at the beginning of subsection (b); 
and 
(C) inserting a new subsection (c) to read 
as follows:
‘‘(c) STATE ASSUMPTION OF EMERGENCY RECLAMA-
TION PROGRAM.—The Secretary may propose, and, after 
opportunity for public comment, adopt, regulations to re-
quire that States assume responsibility for administering 
the emergency reclamation program under this section to 
remain eligible to receive grants under section 405(h) of 
this Act. The regulations must establish procedures for 
that assumption, including, at a minimum, a requirement 
that States revise their abandoned mine reclamation plans 
approved under section 405 of this Act to include provi-
sions that—
‘‘(1) authorize the State to make the findings 
required under subsection (a) of this section; and 
‘‘(2) enable the State to conduct emergency rec-
lamation activities consistent with subsection (b) of 
this section.’’. 
(21) Section 411 is amended to read as follows: 
‘‘SEC. 411. CERTIFICATION OF COMPLETION OF COAL REC-
LAMATION. 
‘‘(a) The Governor of a State, or the head of a gov-
erning body of an Indian tribe, with an approved aban-
doned mine reclamation program under section 405, may 
certify to the Secretary that reclamation of all eligible 
lands and waters under section 404 with the priorities 
stated in paragraphs (1), (2), and (3) of section 403(a)
has been achieved. The Secretary, after notice in the Fed-
eral Register and opportunity for public comment, shall 
concur with such certification if the Secretary determines 
that such certification is correct. 
‘‘(b) The Secretary may make the certification re-
ferred to in subsection (a) on behalf of any State or Indian 
tribe if, on the basis of the inventory referred to in section 
403(c), all reclamation projects relating to the priorities 
set forth in paragraphs (1), (2), and (3) of section 403(a) 
for eligible lands and waters under section 404 in such 
State or tribe have been completed. The Secretary shall 
only make such certification after notice in the Federal 
Register and opportunity for public comment.’’. 
(22) Section 413(d) is amended by striking 
‘‘(33 U.S.C.A. 1151, et seq. as amended)’’ and in-
serting in its place ‘‘(33 U.S.C. 1251 et seq.)’’. 
(23) Section 413(e) is amended by striking the 
comma after the word ‘‘agencies’’. 
(24) Section 414 is amended to read as follows: 
‘‘SEC. 414. INTERAGENCY COOPERATION. 
‘‘(a) IN GENERAL.—All departments, boards, com-
missioners, and agencies of the United States of America 
shall cooperate with the Secretary by providing technical 
expertise, personnel, equipment, materials, and supplies to
implement and administer the provisions of this title of 
this Act. 
‘‘(b) EXCISE TAX COLLECTION.—Notwithstanding 
any provision of law to the contrary, the Secretary is au-
thorized to collect the excise tax imposed by section 4121 
of the Internal Revenue Code of 1986 (26 U.S.C. 4121). 
The Secretary of the Treasury shall enter into an agree-
ment with the Secretary providing for reimbursement of 
any additional expenses that the Office incurs in connec-
tion with collecting this tax and conducting audits related 
thereto.’’. 
(25) Section 415 is added to read as follows: 
‘‘SEC. 415. REMINING INCENTIVES. 
‘‘(a) Notwithstanding any other provision of this Act 
to the contrary, the Secretary may propose, and, after op-
portunity for public comment, adopt, regulations that 
would prescribe conditions under which the fund may be 
used to promote remining of eligible lands under section 
404 to leverage use of monies available from the fund to 
achieve more reclamation of those lands than would other-
wise be likely to occur. Any such regulations shall specify 
that these incentives will apply only in situations in which 
the agency administering this title of this Act determines, 
with the concurrence of the regulatory authority under 
title V of this Act, that the site is otherwise not likely
to be remined and reclaimed under the applicable regu-
latory program. 
‘‘(b) Incentives that may be considered include, but 
are not limited to: 
‘‘(1) A rebate or waiver of the reclamation fee 
payments required under section 402(a) of this Act. 
The rebate or waiver shall be limited to operations 
that remove or reprocess abandoned coal mine waste 
or that remine sites meeting the priorities in para-
graph (1) or (2) of section 403(a). The amount of 
the rebate or waiver shall be limited to the estimated 
cost of reclaiming those sites under this title of this 
Act. 
‘‘(2) Use of the fund to provide financial assur-
ance for remining operations in lieu of all or part of 
the performance bond required under section 509 of 
this Act.’’. 
(26) Section 510 is amended by—
(A) inserting a sentence at the end of sub-
section (c) to read as follows: ‘‘In applying the 
prohibitions of this subsection after October 24, 
1992, the regulatory authority shall not include 
any violation resulting from an unanticipated 
event or condition at a surface coal mining op-
eration on lands eligible for remining under a
permit held by the person making the applica-
tion.’’; and 
(B) striking subsection (e) in its entirety. 
(27) Section 515(b)(22)(B) is amended to read 
as follows: 
‘‘(B) the areas of disposal are within either 
a bonded permit area or the boundaries of an 
abandoned mine land reclamation project ap-
proved under title IV of this Act, and all or-
ganic matter shall be removed immediately 
prior to spoil placement;’’. 
(28) Section 701 is amended by—
(A) in paragraph (33), striking ‘‘section 
510(e)’’ and inserting in its place ‘‘section 
510(c)’’; and 
(B) amending paragraph (34) to read as 
follows: 
‘‘(34) the term ‘lands eligible for remining’ 
means those lands eligible for expenditures under 
section 404 of this Act.’’.
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