115 
tion Act of 1977 (30 U.S.C. 1231 et seq.) before the 
date of enactment of this Act and in good standing 
with the Secretary as of that date shall be consid-
ered approved under this subtitle. 
SEC. 622. USE AND OBJECTIVES OF THE FUND. 
(a) USE.— 
(1) IN GENERAL.—The Secretary may, subject 
to the availability of appropriations, use amounts in 
the Fund for the reclamation and restoration of land 
and water resources adversely affected by past 
hardrock minerals and mining and related activities 
in abandoned hardrock mine States and on Indian 
land located within the exterior boundaries of aban-
doned hardrock mine States, including the conduct 
of activities— 
(A) to protect public health and safety; 
(B) to prevent, abate, treat, and control 
water pollution created by abandoned mine 
drainage, including activities conducted in wa-
tersheds; 
(C) to reclaim and restore abandoned sur-
face and underground mined areas; 
(D) to reclaim and restore abandoned mill-
ing and processing areas; 
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(E) to backfill, seal, or otherwise control 
abandoned underground mine entries; 
(F) to revegetate land adversely affected 
by past mining activities— 
(i) to prevent erosion and sedimenta-
tion; and 
(ii) for any other reclamation purpose; 
(G) to control surface subsidence due to 
abandoned underground mines; and 
(H) to enhance fish and wildlife habitat. 
(2) 
DETERMINATION.—Before 
expending 
amounts in the Fund for the purposes described in 
paragraph (1), the Secretary shall make a deter-
mination that no claim holder, operator, or other 
person who is legally responsible under Federal or 
State law for the reclamation of the mine site can 
be located before reclamation under this title of the 
abandoned hardrock mine site begins. 
(b) ALLOCATION.—Of the amounts deposited in the 
Fund each fiscal year— 
(1) 30 percent shall be allocated by the Sec-
retary for expenditure by the Secretary or, if a State 
or Indian tribe has an approved program pursuant 
to section 621(e), by the State or Indian tribe, in 
the States in which, or on Indian land on which, 
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hardrock minerals are produced, based on a formula 
reflecting existing production in the State or on the 
land of the Indian tribe; 
(2) 30 percent shall be allocated by the Sec-
retary for expenditure by the Secretary or, if a State 
or Indian tribe has an approved program pursuant 
to section 621(e), by the State or Indian tribe, in 
the States and on Indian land using a formula based 
on the quantity of hardrock minerals historically 
produced in the State or from the Indian land before 
the date of enactment of this Act; 
(3) 30 percent shall be allocated by the Sec-
retary for expenditures on high priority abandoned 
mine sites on Federal and non-Federal land based 
on the priorities established in subsection (c); and 
(4) 10 percent shall be available to the Sec-
retary for grants under subsection (d). 
(c) PRIORITIES.—Expenditures of moneys from the 
Fund shall reflect the following priorities in the order stat-
ed— 
(1) The protection of public health and safety, 
from extreme danger from the adverse effects of 
past mineral activities, especially as relates to sur-
face water and groundwater contaminants. 
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(2) The protection of public health and safety, 
from the adverse effects of past mineral activities. 
(3) The restoration of land, water, and fish and 
wildlife resources previously degraded by the adverse 
effects of past mineral activities, which may include 
restoration activities in river watershed areas. 
(4) For the years 2012 through 2017, the Sec-
retary shall give first priority to and fully fund 
projects to cleanup and reclaim abandoned hardrock 
mines— 
(A) in States and Tribal lands that have 
previously been certified for completing their 
reclamation obligations under the Surface Min-
ing Control and Reclamation Act of 1977; and 
(B) that are currently utilizing funds avail-
able under section 411 of the Surface Mining 
Control and Reclamation Act of 1977 to fund 
the cleanup of abandoned hardrock mines. The 
Secretary shall fund, to the extent that funds 
are available in the Abandoned Mine Cleanup 
Fund, such cleanups to the same level as estab-
lished by the formula established in the Surface 
Mining Control and Reclamation Act of 1977 
notwithstanding the changes made under sub-
title C of this title. 
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(d) GRANTS TO PUBLIC ENTITIES AND NONPROFIT 
ORGANIZATIONS.—The Secretary shall use amounts made 
available under subsection (b)(4) to make grants to public 
entities (including State fish and game agencies and local 
governments) and nonprofit organizations (based on cri-
teria established by the Secretary by regulation) to carry 
out activities that support collaborative restoration 
projects to improve fish and wildlife habitat affected by 
past hardrock minerals and mining activities, including ac-
tivities that— 
(1) improve water quality and quantity; 
(2) restore watersheds in which historic mining 
dewatered or otherwise fragmented stream habitats; 
(3) restore instream habitat conditions nec-
essary to support aquatic species; 
(4) restore vegetative cover and streamside 
areas to control erosion and improve conditions for 
fish and wildlife; 
(5) control and remove noxious weeds and 
invasive species associated with historic mining dis-
turbances that affect fish and wildlife; 
(6) restore fish and wildlife habitat in cases in 
which previous hardrock minerals and mining activ-
ity limits fish and wildlife productivity; 
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(7) protect and restore fish and wildlife habitat 
in areas affected by historic minerals and mining ac-
tivity; and 
(8) mitigate impacts to watersheds affected by 
past hardrock minerals and mining activities. 
(e) HABITAT.—Reclamation and restoration activities 
under this subtitle shall include appropriate mitigation 
measures to provide for the continuation of any estab-
lished habitat for wildlife in existence prior to the com-
mencement of such activities. 
(f) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this subtitle which con-
stitute a removal or remedial action under section 101 of 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 
be conducted with the concurrence of the Administrator 
of the Environmental Protection Agency. The Secretary 
and the Administrator shall enter into a Memorandum of 
Understanding to establish procedures for consultation, 
concurrence, training, exchange of technical expertise and 
joint activities under the appropriate circumstances, that 
provide assurances that reclamation or restoration activi-
ties under this subtitle shall not be conducted in a manner 
that increases the costs or likelihood of removal or reme-
dial actions under the Comprehensive Environmental Re-
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sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable. 
SEC. 623. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this subtitle may be made with respect to Federal, State, 
local, tribal, and private land or water resources that tra-
verse or are contiguous to Federal, State, local, tribal, or 
private land where such lands or water resources have 
been affected by past mineral activities, including any of 
the following: 
(1) Lands and water resources which were used 
for, or affected by, mineral activities and abandoned 
or left in an inadequate reclamation status before 
the effective date of this Act. 
(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation 
responsibility of a claim holder, operator, or other 
person who abandoned the site prior to completion 
of required reclamation under State or other Federal 
laws. 
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 
Sites and areas designated for remedial action pursuant 
to the Uranium Mill Tailings Radiation Control Act of 
1978 (42 U.S.C. 7901 and following) or which have been 
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listed for remedial action pursuant to the Comprehensive 
Environmental Response Compensation and Liability Act 
of 1980 (42 U.S.C. 9601 and following) shall not be eligi-
ble for expenditures from the Fund under this section. 
(c) INVENTORY.— 
(1) IN GENERAL.—The Secretary shall prepare 
and maintain a publicly available inventory of aban-
doned hardrock minerals mines on public lands and 
any abandoned hardrock mineral mines on Indian 
lands that may be eligible for expenditures under 
this subtitle, and shall deliver a yearly report to the 
Congress on the progress in cleanup of such sites. 
(2) PERIODIC
UPDATES.—Not later than 5 
years after the date of enactment of this Act, and 
every 5 years thereafter, the Secretary shall update 
the inventory described in paragraph (1). 
Subtitle C—Priority Abandoned 
Coal Mine Reclamation 
SEC. 631. AMENDMENTS TO THE SURFACE MINING CON-
TROL AND RECLAMATION ACT. 
(a) Section 401 of the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA) (30 U.S.C. 1231) is 
amended— 
(1) in the section title by inserting ‘‘COAL’’ be-
fore ‘‘ABANDONED’’; 
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(2) in subsection (a) by— 
(A) 
inserting 
‘‘AND
TRIBAL’’ 
after 
‘‘STATE’’ in the heading; 
(B) inserting ‘‘Coal’’ before ‘‘Abandoned’’ 
in the first sentence; and 
(C) striking the last sentence; 
(3) in subsection (c) by— 
(A) striking in paragraph (1) ‘‘: Provided, 
That’’ and all that follows; 
(B) striking paragraphs (2) and (8); 
(C) inserting ‘‘and tribes’’ after ‘‘States’’ 
in paragraph (6); 
(D) inserting ‘‘or tribe’’ after ‘‘State’’ in 
paragraph (7); and 
(E) renumbering the remaining paragraphs 
accordingly; 
(4) in subsection (f)(1) by— 
(A) inserting ‘‘and any other available 
funds’’ after ‘‘subsection (b)’’; and 
(B) striking ‘‘2007’’ and inserting ‘‘2011’’; 
(5) in subsection (f)(2) by— 
(A) striking ‘‘2008’’ and inserting ‘‘2012’’ 
both places it appears; 
(B) amending subparagraph (A)(i) to read 
as follows: 
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‘‘(i) eighty percent of the amounts de-
posited into the fund in the previous fiscal 
year less any allocations as described in 
paragraphs (2), (3), and (4) of section 
402(g); plus’’; and 
(C) amending clause (ii) of subparagraph 
(A) to read as follows: 
‘‘(ii) the funds referred to in section 
402(i)(2).’’; 
(6) striking subsections (f)(3) and (5), and re-
numbering remaining paragraph accordingly; and 
(7) by inserting after section 401(b) the fol-
lowing and redesignating remaining subsection: 
‘‘(c) STATE AND TRIBAL FUNDS.—Pursuant to an 
approved State or tribal abandoned mine reclamation pro-
gram required under section 405, States or Tribes receiv-
ing grants under this Act shall establish and administer 
abandoned mine reclamation funds.’’. 
(b) Section 402 of SMCRA (30 U.S.C. 1232) is 
amended— 
(1) by striking subsection (g) and inserting: 
‘‘(g) ALLOCATION OF FUNDS.—Except as provided in 
subsection (h), amounts deposited into the fund during the 
previous fiscal year shall be allocated by the Secretary to 
accomplish the purposes of this Act as follows: 
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‘‘(1) RECLAMATION GRANTS.— 
‘‘(A) The amount made available for dis-
tribution by the Secretary under section 401(g) 
shall be distributed annually through grants to 
the States or Indian tribes with lands and 
waters eligible for reclamation under this Act. 
‘‘(B) Any State or tribe receiving funds 
under this paragraph shall have in place an ap-
proved abandoned mine reclamation program 
pursuant to the provisions of section 405. 
‘‘(C) Funds allocated to a State or Indian 
tribe under this paragraph shall be returned 
and deposited into the fund for reallocation 
under this paragraph during the next fiscal 
year if not expended within five years after the 
date of the grant award. 
‘‘(D) Funds allocated by the Secretary 
under this paragraph shall only be used for rec-
lamation projects, including design, construc-
tion, and administration consistent with this 
Act. 
‘‘(E) States or Indian tribes receiving 
funds under this paragraph may, in addition to 
the funds allocated pursuant to this paragraph, 
use funding from any other source not other-
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wise precluded by law in order to ensure the 
reclamation or abatement of the hazards of a 
particular abandoned mine site is achieved. 
‘‘(2) GRANTS TO INDIAN TRIBES.—50 percent 
of the reclamation fees collected annually on Indian 
lands shall be allocated annually by the Secretary to 
the Indian tribe having jurisdiction over such lands. 
An Indian tribe that does not have lands and waters 
eligible for reclamation under this Act shall use any 
amounts provided under this paragraph for the pur-
poses established by the tribal council of the Indian 
tribe, with priority given for addressing the impacts 
of mineral development. 
‘‘(3) ADMINISTRATIVE GRANTS.— 
‘‘(A) Before funds are allocated pursuant 
to paragraph (1) of this subsection, the Sec-
retary may, at his discretion, provide adminis-
trative grants of not more than $10,000,000 
annually to each State or Indian tribe with eli-
gible land and water and that is operating 
under an approved abandoned mine reclamation 
program. 
‘‘(B) Administrative grants provided under 
this paragraph are intended to ensure the main-
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tenance of approved reclamation programs, in-
cluding through— 
‘‘(i) the maintenance of the inventory 
established pursuant to section 403(b); and 
‘‘(ii) project planning and program 
administration, including the preparation 
of project applications pursuant to section 
412. 
‘‘(C) In making grants available under this 
paragraph, the Secretary shall consider the ex-
tent of eligible lands and waters pursuant to 
section 404; the total amount of historical rec-
lamation expenditures; and the outcome of any 
previous application of the ranking criteria. 
‘‘(4) EMERGENCY ABANDONED MINE LAND.— 
‘‘(A) In fiscal year 2012, before funds are 
allocated pursuant to paragraph (1) of this sub-
section, the Secretary shall allocate $20 million 
from the fund for grants to States and Indian 
tribes for the purpose of carrying out the provi-
sions of section 410 relating to emergencies. 
‘‘(B) In each fiscal year thereafter, before 
funds are allocated pursuant to paragraph (1) 
of this subsection, the Secretary shall allocate 
the amount needed to ensure that $20 million 
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is available from the fund for grants to States 
and Indian tribes for carrying out the provi-
sions of section 410 relating to emergencies. 
‘‘(5) 
FEDERAL
ADMINISTRATION.—Amounts 
available in the fund that are not allocated pursuant 
to subsections (1), (2), or (3) are available for ad-
ministrative costs of the Office of Surface Mining, 
subject to further appropriation. 
‘‘(6) APPLICATION TO TENNESSEE.—Notwith-
standing any other provision of law, this subsection 
applies to the State of Tennessee.’’; and 
(2) in subsection (i)(2) by striking ‘‘the Sec-
retary of the Treasury’’ through the end of the sen-
tence and inserting ‘‘the Secretary of the Treasury 
shall transfer to the Secretary of the Interior $85.4 
million annually for the three fiscal years beginning 
in fiscal year 2012, which shall be distributed to 
States and Indian tribes in the same manner as 
moneys are distributed from the fund under para-
graph (1) of subsection (g).’’. 
(c) Section 403 of SMCRA (30 U.S.C. 1233) is 
amended— 
(1) by striking the portion of subsection (a) be-
fore the enumerated paragraphs and inserting: 
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‘‘(a) Expenditure of moneys from the fund on lands 
and water eligible pursuant to section 404 for the pur-
poses of this title shall reflect the following priorities in 
the order stated:’’; and 
(2) by striking subsection (a)(1)(B)(ii) and in-
serting: 
‘‘(ii) are necessary to achieve the ob-
jectives of subparagraph (A);’’; 
(3) by striking subsection (a)(2)(B)(ii) and in-
serting: 
‘‘(ii) are necessary to achieve the ob-
jectives of subparagraph (A);’’; 
(4) by striking subsection (b); and 
(5) by redesignating subsection (c) as sub-
section (b) and amending it to read as follows: 
‘‘(b) INVENTORY.—The Secretary shall maintain an 
inventory of eligible lands and waters pursuant to section 
404 which meet the priorities stated in paragraphs (1) and 
(2) of subsection (a). Under standardized procedures es-
tablished by the Secretary, States and Indian tribes with 
approved abandoned mine reclamation programs pursuant 
to section 405 may offer amendments, subject to the ap-
proval of the Secretary, to update the inventory as it ap-
plies to eligible lands and waters under the jurisdiction 
of such States or tribes. The Secretary shall provide such 
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States and tribes with the financial and technical assist-
ance necessary for the purpose of making inventory 
amendments. The Secretary shall compile and maintain 
an inventory for States and Indian lands in the case when 
a State or Indian tribe does not have an approved aban-
doned mine reclamation program pursuant to section 405. 
On a regular basis, but not less than annually, the projects 
completed under this title shall be so noted on the inven-
tory under standardized procedures established by the 
Secretary.’’. 
(d) Section 404 of SMCRA (30 U.S.C. 1234) is 
amended— 
(1) in the first sentence by— 
(A) striking ‘‘, except as provided for 
under section 411,’’; and 
(B) striking ‘‘August 3, 1977’’ and insert-
ing ‘‘enactment of the Surface Mining Control, 
Reclamation and Enforcement Act of 1977’’; 
and 
(2) in the second sentence by striking ‘‘, section 
403(b)(1), and section 409’’. 
(e) Section 405 of SMCRA (30 U.S.C. 1235) is 
amended— 
(1) by striking subsection (b) and inserting: 
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‘‘(b) SUBMISSION OF STATE OR TRIBAL RECLAMA-
TION PLAN.—If a State has within its borders, or an In-
dian tribe on its lands, any coal mined lands eligible for 
reclamation under this title, it may submit to the Sec-
retary a State Reclamation Plan.’’; 
(2) by striking subsections (f) and (g); 
(3) in subsection (h), by striking ‘‘subsection 
402(g)’’ and inserting ‘‘paragraph (2) of 402(g)’’; 
and 
(4) by redesignating the subsections accord-
ingly. 
(f) Sections 406 and 409 of SMCRA (30 U.S.C. 
1236, 1239) are repealed. 
(g) Section 410 of SMCRA (30 U.S.C. 1240) is 
amended by striking ‘‘is’’ in the portion of subsection (a) 
before the enumerated paragraphs and inserting ‘‘and 
States and Indian tribes eligible for grants under sub-
section 402(g) are’’. 
(h) Section 411 of SMCRA (30 U.S.C. 1240a) is re-
pealed. 
(i) Section 412 of SMCRA (30 U.S.C. 1241) is 
amended to read as follows: 
‘‘SEC. 412. APPLICATION FOR RECLAMATION FUNDS. 
‘‘(a) TIMING OF APPLICATION.—At regular intervals, 
but no less than annually, each State or Indian tribe with 
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cluding the extent of public involvement in the selec-
tion process, if any; 
‘‘(3) a statement of the estimated benefits in 
such terms as: public health and safety problems to 
be eliminated, reduced risk to the community, envi-
ronmental problems to be corrected, number of acres 
to be restored, miles of stream to be improved, and 
air and water pollution problems abated; 
‘‘(4) an estimated cost of each proposed project, 
including the construction costs, operation and 
maintenance costs of permanent facilities, planning 
and engineering costs, construction inspection costs, 
cost savings to the project as a result of partner-
ships, and any other necessary administrative ex-
penses; 
‘‘(5) an identification of lands or interests in 
lands to be acquired and the estimated cost; and 
‘‘(6) any other information requested by the 
Secretary, except the Secretary cannot require the 
application to include the submission of complete 
project plans and specifications. 
‘‘(d) TRANSITION.— 
‘‘(1) For fiscal year 2012, the Secretary shall 
award reclamation project grants competitively 
based on the proposals submitted in subsection (c). 
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‘‘(2) In awarding the reclamation project grants 
pursuant to paragraph (1), the Secretary shall con-
sider any financial, legal, and other commitments 
made by the State or Indian tribe prior to the enact-
ment of this Act.’’. 
Subtitle D—Administative 
Provisions 
SEC. 641. EFFECTIVE DATE. 
This title shall take effect on the date of enactment 
of this Act, except as otherwise provided in this Act. 
SEC. 642. FEES ADJUSTMENTS. 
(a) The Secretary shall adjust the fees required by 
section 611 to reflect changes in the Consumer Price 
Index published by the Bureau of Labor Statistics of the 
Department of Labor every 5 years after the date of enact-
ment of this Act, or more frequently if the Secretary deter-
mines an adjustment to be reasonable. 
(b) The Secretary shall provide claimants notice of 
any adjustment made under this subsection not later than 
July 1 of any year in which the adjustment is made. 
(c) A fee adjustment under this subsection shall begin 
to apply the calendar year following the calendar year in 
which it is made. 
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SEC. 643. INSPECTION AND MONITORING. 
(a) INSPECTIONS.—The Secretary shall make inspec-
tions of mineral activities so as to ensure compliance with 
the requirements of this title. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this title, 
the Secretary is authorized to take any of the following 
actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
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(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
retary or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this title are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
equipment, or review any method of operation re-
quired under this title; 
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(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this title; and 
(4) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehi-
cle is carrying hardrock minerals, concentrates, or 
products derived therefrom from a claim site on 
Federal lands or allocated to such claim site. Such 
inspection shall be for the purpose of determining 
whether the operator of such vehicle has the docu-
mentation required by law, if such documentation is 
required under this title. 
SEC. 644. REGULATIONS. 
The Secretary and the Secretary of Agriculture shall 
issue such regulations as are necessary to implement this 
Act. The regulations implementing subtitle B, subtitle C, 
subtitle D, and subtitle E that affect the Forest Service 
shall be joint regulations issued by both Secretaries, and 
shall be issued no later than 180 days after the date of 
enactment of this Act. 
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SEC. 645. AVAILABILITY OF PUBLIC RECORDS. 
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of 
Agriculture under this title shall be made immediately 
available to the public, consistent with section 552 of title 
5, United States Code, in central and sufficient locations 
in the county, multicounty, and State area of mineral ac-
tivity or reclamation so that such items are conveniently 
available to residents in the area proposed or approved for 
mineral activities and on the Internet. 
TITLE VII—ADMINISTRATIVE 
COST RECOVERY 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Administrative Cost 
Recovery for Oil and Natural Gas on Public Lands Act 
of 2011’’. 
SEC. 702. MAKING PERMANENT NET RECEIPTS SHARING 
FOR ENERGY MINERALS. 
Section 35(b) of the Mineral Leasing Act (30 U.S.C. 
191(b)) is amended to read as follows: 
‘‘(b) DEDUCTION FOR ADMINISTRATIVE COSTS.—In 
determining the amount of payments to the States under 
this section, beginning in fiscal year 2013 and for each 
year thereafter, the amount of such payments shall be re-
duced by 2 percent for any administrative or other costs 
incurred by the United States in carrying out the program 
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authorized by this Act and that amount shall be deposited 
to miscellaneous receipts in the Treasury.’’. 
Æ 
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