(A) in the second sentence of subsection 
(a), by striking the second ‘‘the’’ before ‘‘gov-
erning body’’; 
(B) in the last sentence of subsection (a), 
by striking ‘‘State regulatory authorities’’ and 
inserting in its place ‘‘States and Indian 
tribes’’; 
(C) in subsection (b), by inserting ‘‘section 
403(b)(1)’’ before ‘‘the provisions’’; and 
(D) in subsection (c)(3), by striking 
‘‘which have made the certification referred to 
in section 411(a)’’ and inserting in its place 
‘‘that have been certified under section 411 of 
this Act’’. 
(19) Section 410 is amended by— 
(A) inserting the title ‘‘IN GENERAL.—’’ at 
the beginning of subsection (a); 
(B) 
inserting 
the 
title 
‘‘RIGHT
OF 
ENTRY.—’’ at the beginning of subsection (b); 
and 
(C) inserting a new subsection (c) to read 
as follows: 
‘‘(c) STATE ASSUMPTION OF EMERGENCY RECLAMA-
TION PROGRAM.—The Secretary may propose, and, after 
opportunity for public comment, adopt, regulations to re-
quire that States assume responsibility for administering 
the emergency reclamation program under this section to 
remain eligible to receive grants under section 405(h) of 
this Act. The regulations must establish procedures for 
that assumption, including, at a minimum, a requirement 
that States revise their abandoned mine reclamation plans 
approved under section 405 of this Act to include provi-
sions that— 
‘‘(1) authorize the State to make the findings 
required under subsection (a) of this section; and 
‘‘(2) enable the State to conduct emergency rec-
lamation activities consistent with subsection (b) of 
this section.’’. 
(20) Section 411 is amended to read as follows: 
‘‘SEC. 411. CERTIFICATION OF COMPLETION OF COAL REC-
LAMATION. 
‘‘(a) The Governor of a State, or the head of a gov-
erning body of an Indian tribe, with an approved aban-
doned mine reclamation program under section 405, may 
certify to the Secretary that reclamation of all eligible 
lands and waters under section 404 with the priorities 
stated in paragraphs (1), (2), and (3) of section 403(a) 
has been achieved. The Secretary, after notice in the Fed-
eral Register and opportunity for public comment, shall
concur with such certification if the Secretary determines 
that such certification is correct. 
‘‘(b) The Secretary may make the certification re-
ferred to in subsection (a) on behalf of any State or Indian 
tribe if, on the basis of the inventory referred to in section 
403(c), all reclamation projects relating to the priorities 
set forth in paragraphs (1), (2), and (3) of section 403(a) 
for eligible lands and waters under section 404 in such 
State or tribe have been completed. The Secretary shall 
only make such certification after notice in the Federal 
Register and opportunity for public comment.’’. 
(21) Section 413(d) is amended by striking 
‘‘(33 U.S.C.A. 1151, et seq. as amended)’’ and in-
serting in its place ‘‘(33 U.S.C. 1251 et seq.)’’. 
(22) Section 413(e) is amended by striking the 
comma after the word ‘‘agencies’’. 
(23) Section 414 is amended to read as follows: 
‘‘SEC. 414. INTERAGENCY COOPERATION. 
‘‘(a) IN GENERAL.—All departments, boards, com-
missioners, and agencies of the United States of America 
shall cooperate with the Secretary by providing technical 
expertise, personnel, equipment, materials, and supplies to 
implement and administer the provisions of this title of 
this Act.
‘‘(b) EXCISE TAX COLLECTION.—Notwithstanding 
any provision of law to the contrary, the Secretary is au-
thorized to collect the excise tax imposed by section 4121 
of the Internal Revenue Code of 1986 (26 U.S.C. 4121). 
The Secretary of the Treasury shall enter into an agree-
ment with the Secretary providing for reimbursement of 
any additional expenses that the Office incurs in connec-
tion with collecting this tax and conducting audits related 
thereto.’’. 
(24) Section 415 is added to read as follows: 
‘‘SEC. 415. REMINING INCENTIVES. 
‘‘(a) Notwithstanding any other provision of this Act 
to the contrary, the Secretary may propose, and, after op-
portunity for public comment, adopt, regulations that 
would prescribe conditions under which the fund may be 
used to promote remining of eligible lands under section 
404 to leverage use of monies available from the fund to 
achieve more reclamation of those lands than would other-
wise be likely to occur. Any such regulations shall specify 
that these incentives will apply only in situations in which 
the agency administering this title of this Act determines, 
with the concurrence of the regulatory authority under 
title V of this Act, that the site is otherwise not likely 
to be remined and reclaimed under the applicable regu-
latory program.
‘‘(b) Incentives that may be considered include, but 
are not limited to: 
‘‘(1) A rebate or waiver of the reclamation fee 
payments required under section 402(a) of this Act. 
The rebate or waiver shall be limited to operations 
that remove or reprocess abandoned coal mine waste 
or that remine sites meeting the priorities in para-
graph (1) or (2) of section 403(a). The amount of 
the rebate or waiver shall be limited to the estimated 
cost of reclaiming those sites under this title of this 
Act. 
‘‘(2) Use of the fund to provide financial assur-
ance for remining operations in lieu of all or part of 
the performance bond required under section 509 of 
this Act.’’. 
(25) Section 510 is amended by— 
(A) inserting a sentence at the end of sub-
section (c) to read as follows: ‘‘In applying the 
prohibitions of this subsection after October 24, 
1992, the regulatory authority shall not include 
any violation resulting from an unanticipated 
event or condition at a surface coal mining op-
eration on lands eligible for remining under a 
permit held by the person making the applica-
tion.’’; and