I 
109TH CONGRESS 
1ST SESSION H. R. 1600
To amend the Surface Mining Control and Reclamation Act of 1977 to 
reauthorize and reform the Abandoned Mine Reclamation Program, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2005
Mrs. CUBIN (for herself, Mr. RAHALL, Mr. SHIMKUS, Mr. COSTELLO, and Mr. 
NEY) 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 and reform the Abandoned Mine 
Reclamation Program, and for other purposes.
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 
Lands Reclamation Reform Act of 2005’’. 
SEC. 2. AMENDMENTS TO SURFACE MINING ACT. 
(a) AMENDMENTS
TO SECTION 401.—(1) Section 
401 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1231) is amended as follows:
(A) In subsection (c) by striking paragraphs (2) 
and (6) and redesignating paragraphs (3) through 
(13) in order as paragraphs (2) through (11). 
(B) In subsection (e)—
(i) in the second sentence, by striking ‘‘the 
needs of such fund’’ and inserting ‘‘achieving 
the purposes of the transfers under section 
402(h)’’; and 
(ii) in the third sentence, by inserting be-
fore the period the following: ‘‘for the purpose 
of the transfers under section 402(h).’’. 
(2) 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)’’. 
(b) AMENDMENTS TO SECTION 402.—Section 402 of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1232) is amended as follows: 
(1) In subsection (a)—
(A) by striking ‘‘35’’ and inserting ‘‘28’’; 
(B) by striking ‘‘15’’ and inserting ‘‘12’’; 
and 
(C) by striking ‘‘10 cents’’ and inserting 
‘‘8 cents’’.
(2) In subsection (b) by striking ‘‘June 30, 
2005’’ and all that follows through the end of the 
sentence and inserting ‘‘September 30, 2020.’’. 
(3) In subsection (g)(1)(D) by striking ‘‘in any 
area under paragraph (2), (3), (4), or (5)’’ and in-
serting ‘‘under paragraph (5)’’. 
(4) 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 ensure 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).’’. 
(5) In subsection (g)(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).’’. 
(6) In subsection (g)(5)—
(A) by inserting ‘‘(A)’’ before the first sen-
tence;
(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 inserting 
‘‘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).’’. 
(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 receive 
and retain, without 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 es-
tablished 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 treat-
ment of the effects of acid mine drainage in a comprehen-
sive 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 signifi-
cantly affected by acid mine drainage from coal min-
ing practices in a manner that adversely impacts bi-
ological resources; and 
‘‘(ii) that contains lands and waters that are—
‘‘(I) eligible pursuant to section 404 and 
include any of the priorities set forth in section 
403(a); and 
‘‘(II) the subject of expenditures by the 
State from the forfeiture of bonds required 
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: 
‘‘(7) In complying with the priorities set forth in sec-
tion 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 eligi-
ble lands and waters set forth in section 403(a)(3) prior 
to the completion of reclamation projects under para-
graphs (1) and (2) of section 403(a) only if the expendi-
ture of funds for such reclamation is done in conjunction 
with the expenditure of funds for reclamation projects 
under paragraphs (1) and (2) of section 403(a).’’. 
(9) Subsection (g)(8) is amended to read as fol-
lows: 
‘‘(8) In making the grants referred to in paragraph 
(1)(C), the Secretary, using amounts allocated to a State 
or Indian tribe under subparagraphs (A) or (B) of para-
graph (1) or as necessary amounts available to the Sec-
retary under paragraph (3), shall assure total grant 
awards of not less than $2,000,000 annually to each State 
and each Indian tribe. Notwithstanding any other provi-
sion of law, this paragraph applies to the State of Ten-
nessee.’’. 
(c) AMENDMENTS TO SECTION 403.—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) by striking ‘‘general 
welfare,’’; 
(B) in paragraph (2) by striking ‘‘health, 
safety, and general welfare’’ and inserting 
‘‘health and safety’’, and inserting ‘‘and’’ after 
the semicolon at the end;
(C) in paragraph (3) by striking the semi-
colon at the end and inserting a period; and 
(D) by striking paragraphs (4) and (5). 
(2) In subsection (b)—
(A) by striking the heading and inserting 
‘‘Water Supply Restoration.—’’; and 
(B) in paragraph (1) by striking ‘‘up to 30 
percent of the’’. 
(3) In subsection (c) by inserting ‘‘, subject to 
the approval of the Secretary,’’ after ‘‘amendments’’. 
(d) AMENDMENT TO SECTION 406.—Section 406(h) 
of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1236(h)) is amended by striking ‘‘Soil 
Conservation Service’’ and inserting ‘‘Natural Resources 
Conservation Service’’. 
(e) FURTHER AMENDMENT TO SECTION 406.—Sec-
tion 406 of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1236) is amended by adding at 
the end the following: 
‘‘(i) There is authorized to be appropriated to the 
Secretary of Agriculture, from amounts in the Treasury 
other than amounts in the fund, such sums as may be 
necessary to carry out this section.’’. 
(f) AMENDMENT TO SECTION 408.—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) AMENDMENTS TO SECTION 411.—Section 411 of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1240a) is amended as follows: 
(1) In subsection (a) by inserting ‘‘(1)’’ before 
the first sentence, and by adding at the end the fol-
lowing: 
‘‘(2) The Secretary may, on the Secretary’s own voli-
tion, make the certification referred to in paragraph (1) 
on behalf of any State or Indian tribe referred to in para-
graph (1) if on the basis of the inventory referred to in 
section 403(c) all reclamation projects relating to the pri-
orities set forth in section 403(a) for eligible lands and 
water pursuant to section 404 in such State or tribe have 
been completed. The Secretary shall only make such cer-
tification after notice in the Federal Register and oppor-
tunity for public comment.’’. 
(2) By adding at the end the following: 
‘‘(h) STATE
SHARE
FOR
CERTAIN
CERTIFIED 
STATES.—(1)(A) From moneys referred to in subsection 
(a) of section 35 of the Mineral Leasing Act (30 U.S.C. 
191(a)) that are paid into the Treasury after the date of 
the enactment of this subsection and that are not paid 
to States under section 35 of the Mineral Leasing Act or
reserved as part of the reclamation fund under such sec-
tion, the Secretary shall pay to each qualified State, on 
a proportional basis, an amount equal to the sum of the 
aggregate unappropriated amount allocated to such quali-
fied State under section 402(g)(1)(A). 
‘‘(B) In this paragraph the term ‘qualified State’ 
means a State for which a certification is made under sub-
section (a) and in which there are public domain lands 
available for leasing under the Mineral Leasing Act (30 
U.S.C. 181 et seq.) 
‘‘(2) Payments to States under this subsection shall 
be made, without regard to any limitation in section 
401(d), in the same manner as if paid under section 35 
of the Mineral Leasing Act (30 U.S.C. 191) and concur-
rently with payments to States under that section. 
‘‘(3) The amount allocated to any State under section 
402(g)(1)(A) that is paid to such State as a result of a 
payment under paragraph (1) of this subsection shall be 
reallocated and available for grants under section 
402(g)(5).’’. 
(h) EXTENSION OF LIMITATION ON APPLICATION OF 
PROHIBITION ON ISSUANCE OF PERMIT.—Section 510(e) 
of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1260(e)) is amended by striking ‘‘2004’’ 
and inserting ‘‘2020’’.
SEC. 3. TRANSFERS OF INTEREST EARNED BY ABANDONED 
MINE RECLAMATION FUND. 
Section 402(h) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(h)) is amended 
to read as follows: 
‘‘(h) TRANSFERS OF INTEREST EARNED BY FUND.—
‘‘(1) IN GENERAL.—The Secretary shall, as of 
the beginning of each fiscal year beginning on or 
after October 1, 2005, and before making any allo-
cation with respect to the fiscal year under sub-
section (g), use an amount not to exceed the amount 
of interest that the Secretary estimates will be 
earned and paid to the fund during the fiscal year 
to make the transfers described in paragraph (2). 
‘‘(2) TRANSFERS
DESCRIBED.—The transfers 
referred to in paragraph (1) are the following: 
‘‘(A) UNITED MINE WORKERS OF AMERICA 
COMBINED BENEFIT FUND.—A transfer to the 
United Mine Workers of America Combined 
Benefit Fund, in an amount equal to the dif-
ference between—
‘‘(i) the amount that the trustees of 
the Combined Benefit Fund estimate will 
be expended from the premium accounts 
maintained by the Combined Benefit Fund