245
‘‘(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 reclaiming 
the eligible land under this section.’’. 
SEC. 208. EXTENSION OF LIMITATION ON APPLICATION OF 
PROHIBITION ON ISSUANCE OF PERMIT. 
Section 510(e) of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1260(e)) is amended by 
striking the last sentence. 
SEC. 209. TRIBAL REGULATION OF SURFACE COAL MINING 
AND RECLAMATION OPERATIONS. 
(a) IN GENERAL.—Section 710 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1300) is 
amended by adding at the end the following: 
‘‘(j) TRIBAL REGULATORY AUTHORITY.—
‘‘(1) TRIBAL REGULATORY PROGRAMS.—
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, an Indian tribe may 
apply for, and obtain the approval of, a tribal
246
program under section 503 regulating in whole 
or in part surface coal mining and reclamation 
operations on reservation land under the juris-
diction of the Indian tribe using the procedures 
of section 504(e). 
‘‘(B) REFERENCES
TO
STATE.—For pur-
poses of this subsection and the implementation 
and administration of a tribal program under 
title V, any reference to a ‘State’ in this Act 
shall be considered to be a reference to a ‘tribe’. 
‘‘(2) CONFLICTS OF INTEREST.—
‘‘(A) IN GENERAL.—The fact that an indi-
vidual is a member of an Indian tribe does not 
in itself constitute a violation of section 201(f). 
‘‘(B) EMPLOYEES OF TRIBAL REGULATORY 
AUTHORITY.—Any employee of a tribal regu-
latory authority shall not be eligible for a per 
capita distribution of any proceeds from coal 
mining operations conducted on Indian reserva-
tion lands under this Act. 
‘‘(3) SOVEREIGN IMMUNITY.—To receive primary 
regulatory authority under section 504(e), an Indian 
tribe shall waive sovereign immunity for purposes of 
section 520 and paragraph (4). 
‘‘(4) JUDICIAL REVIEW.—
247
‘‘(A) CIVIL ACTIONS.—
‘‘(i) IN
GENERAL.—After exhausting 
all tribal remedies with respect to a civil 
action arising under a tribal program ap-
proved under section 504(e), an interested 
party may file a petition for judicial review 
of the civil action in the United States cir-
cuit court for the circuit in which the sur-
face coal mining operation named in the 
petition is located. 
‘‘(ii) SCOPE OF REVIEW.—
‘‘(I) QUESTIONS
OF
LAW.—The 
United States circuit court shall review 
de novo any questions of law under 
clause (i). 
‘‘(II) FINDINGS
OF
FACT.—The 
United States circuit court shall review 
findings of fact under clause (i) using 
a clearly erroneous standard. 
‘‘(B) CRIMINAL
ACTIONS.—Any criminal 
action brought under section 518 with respect to 
surface coal mining or reclamation operations on 
Indian reservation lands shall be brought in—
‘‘(i) the United States District Court 
for the District of Columbia; or
248
‘‘(ii) the United States district court in 
which the criminal activity is alleged to 
have occurred. 
‘‘(5) GRANTS.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), grants for developing, admin-
istering, and enforcing tribal programs approved 
in accordance with section 504(e) shall be pro-
vided to an Indian tribe in accordance with sec-
tion 705. 
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), the Federal share of the costs of 
developing, administering, and enforcing an ap-
proved tribal program shall be 100 percent. 
‘‘(6) REPORT.—Not later than 18 months after 
the date on which a tribal program is approved under 
subsection (e) of section 504, the Secretary shall sub-
mit to the appropriate committees of Congress a re-
port, developed in cooperation with the applicable In-
dian tribe, on the tribal program that includes a rec-
ommendation of the Secretary on whether primary 
regulatory authority under that subsection should be 
expanded to include additional Indian lands.’’. 
(b) CONFORMING AMENDMENT.—Section 710(i) of the 
Surface Mining Control and Reclamation Act of 1977 (30
249
U.S.C. 1300(i)) is amended in the first sentence by striking 
‘‘, except’’ and all that follows through ‘‘section 503’’. 
Subtitle B—Coal Industry Retiree 
Health Benefit Act 
SEC. 211. CERTAIN RELATED PERSONS AND SUCCESSORS 
IN INTEREST RELIEVED OF LIABILITY IF PRE-
MIUMS PREPAID. 
(a) COMBINED BENEFIT FUND.—Section 9704 of the 
Internal Revenue Code of 1986 (relating to liability of as-
signed operators) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(j) PREPAYMENT OF PREMIUM LIABILITY.—
‘‘(1) IN GENERAL.—If—
‘‘(A) a payment meeting the requirements of 
paragraph (3) is made to the Combined Fund by 
or on behalf of—
‘‘(i) any assigned operator to which 
this subsection applies, or 
‘‘(ii) any related person to any as-
signed operator described in clause (i), and 
‘‘(B) the common parent of the controlled 
group of corporations described in paragraph 
(2)(B) is jointly and severally liable for any pre-
mium under this section which (but for this sub-