102 
tion 221(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 pro-
duced 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. 
(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. 
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103 
(4) For the years 2013 through 2018, 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 (30 
U.S.C. 1201 et seq.); and 
(B) that are currently utilizing funds avail-
able under section 411 of the Surface Mining 
Control and Reclamation Act of 1977 (30 
U.S.C. 1201 et seq.) 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 clean-
ups to the same level as established by the for-
mula established in the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1201 
et seq.) notwithstanding the changes made 
under subtitle C of this title. 
(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 
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104 
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; 
(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. 
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105 
(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-
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. 
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106 
SEC. 223. 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 that 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 et seq.) or that have been listed 
for remedial action pursuant to the Comprehensive Envi-
ronmental Response Compensation and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) shall not be eligible for 
expenditures from the Fund under this section. 
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