125 
‘‘(2) AMOUNTS.— 
‘‘(A) FOR
FISCAL
YEARS
2008
THROUGH 
2022.—For each of fiscal years 2008 through 
2022, the amount distributed by the Secretary 
under this subsection shall be equal to— 
‘‘(i) the amounts deposited into the 
fund under paragraphs (1), (2), and (4) of 
subsection (b) for the preceding fiscal year 
that were allocated under paragraphs (1) 
and (5) of section 402(g); plus 
‘‘(ii) the amount needed for the ad-
justment under section 402(g)(8) for the 
current fiscal year. 
‘‘(B) FISCAL
YEARS
2023
AND
THERE-
AFTER.—For fiscal year 2023 and each fiscal 
year thereafter, to the extent that funds are 
available, the Secretary shall distribute an 
amount equal to the amount distributed under 
subparagraph (A) during fiscal year 2022. 
‘‘(3) DISTRIBUTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), for each fiscal year, of the 
amount to be distributed to States and Indian 
tribes pursuant to paragraph (2), the Secretary 
shall distribute— 
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126 
‘‘(i) the amounts allocated under 
paragraph (1) of section 402(g), the 
amounts allocated under paragraph (5) of 
section 402(g), and any amount reallocated 
under section 411(h)(3) in accordance with 
section 411(h)(2), for grants to States and 
Indian tribes under section 402(g)(5); and 
‘‘(ii) the amounts allocated under sec-
tion 402(g)(8). 
‘‘(B) EXCLUSION.—Beginning on October 
1, 2007, certified States shall be ineligible to 
receive amounts under section 402(g)(1). 
‘‘(4) AVAILABILITY.—Amounts in the fund 
available to the Secretary for obligation under this 
subsection shall be available until expended. 
‘‘(5) ADDITION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the amount distributed under this 
subsection for each fiscal year shall be in addi-
tion to the amount appropriated from the fund 
during the fiscal year. 
‘‘(B) 
EXCEPTIONS.—Notwithstanding 
paragraph (3), the amount distributed under 
this subsection for the first 4 fiscal years begin-
ning on and after October 1, 2007, shall be 
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127 
equal to the following percentage of the amount 
otherwise required to be distributed: 
‘‘(i) 50 percent in fiscal year 2008. 
‘‘(ii) 50 percent in fiscal year 2009. 
‘‘(iii) 75 percent in fiscal year 2010. 
‘‘(iv) 75 percent in fiscal year 2011.’’. 
(b) CONFORMING AMENDMENT.—Section 712(b) of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1302(b)) is amended by striking ‘‘section 
401(c)(11)’’ and inserting ‘‘section 401(c)(9)’’. 
SEC. 312. RECLAMATION FEE. 
(a) AMOUNTS.— 
(1) FISCAL YEARS 2008–2012.—Effective Octo-
ber 1, 2007, section 402(a) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1232(a)) is amended— 
(A) by striking ‘‘35’’ and inserting ‘‘31.5’’; 
(B) by striking ‘‘15’’ and inserting ‘‘13.5’’; 
and 
(C) by striking ‘‘10 cents’’ and inserting 
‘‘9 cents’’. 
(2) FISCAL YEARS 2013–2021.—Effective Octo-
ber 1, 2012, section 402(a) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
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128 
1232(a)) (as amended by paragraph (1)) is amend-
ed— 
(A) by striking ‘‘31.5’’ and inserting ‘‘28’’; 
(B) by striking ‘‘13.5’’ and inserting ‘‘12’’; 
and 
(C) by striking ‘‘9 cents’’ and inserting ‘‘8 
cents’’. 
(b) DURATION.—Effective September 30, 2007, sec-
tion 402(b) of the Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1232(b)) (as amended by sec-
tion 7007 of the Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109–234; 120 Stat. 484)) is 
amended by striking ‘‘September 30, 2007’’ and all that 
follows through the end of the sentence and inserting 
‘‘September 30, 2021.’’. 
(c) ALLOCATION OF FUNDS.—Section 402(g) of the 
Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1232(g)) is amended— 
(1) in paragraph (1)(D)— 
(A) by inserting ‘‘(except for grants award-
ed during fiscal years 2008, 2009, and 2010 to 
the extent not expended within 5 years)’’ after 
‘‘this paragraph’’; and 
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129 
(B) by striking ‘‘in any area under para-
graph (2), (3), (4), or (5)’’ and inserting 
‘‘under paragraph (5)’’; 
(2) by striking paragraph (2) and inserting: 
‘‘(2) In making the grants referred to in paragraph 
(1)(C) and the grants referred to in paragraph (5), the 
Secretary shall ensure strict compliance by the States and 
Indian tribes with the priorities described in section 
403(a) until a certification is made under section 
411(a).’’; 
(3) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘paragraphs (2) and’’ and in-
serting ‘‘paragraph’’; 
(B) in subparagraph (A), by striking 
‘‘401(c)(11)’’ and inserting ‘‘401(c)(9)’’; and 
(C) by adding at the end the following: 
‘‘(E) For the purpose of paragraph (8).’’; 
(4) in paragraph (5)— 
(A) by inserting ‘‘(A)’’ after ‘‘(5)’’; 
(B) in the first sentence, by striking ‘‘40’’ 
and inserting ‘‘60’’; 
(C) in the last sentence, by striking 
‘‘Funds allocated or expended by the Secretary 
under paragraphs (2), (3), or (4)’’ and insert-
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130 
ing ‘‘Funds made available under paragraph (3) 
or (4)’’; and 
(D) by adding at the end the following: 
‘‘(B) Any amount that is reallocated and available 
under section 411(h)(3) shall be in addition to amounts 
that are allocated under subparagraph (A).’’; and 
(5) by striking paragraphs (6) through (8) and 
inserting the following: 
‘‘(6)(A) Any State with an approved abandoned mine 
reclamation program pursuant to section 405 may receive 
and retain, without regard to the 3-year limitation re-
ferred to in paragraph (1)(D), up to 30 percent of the 
total of the grants made annually to the State under para-
graphs (1) and (5) if those amounts are deposited into 
an acid mine drainage abatement and treatment fund es-
tablished under State law, from which amounts (together 
with all interest earned on the amounts) are expended by 
the State for the abatement of the causes and the treat-
ment of the effects of acid mine drainage in a comprehen-
sive manner within qualified hydrologic units affected by 
coal mining practices. 
‘‘(B) In this paragraph, the term ‘qualified hydrologic 
unit’ means a hydrologic unit— 
‘‘(i) in which the water quality has been signifi-
cantly affected by acid mine drainage from coal min-
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