A bill to amend the Surface Mining Control and Reclamation Act of 1977 to permit States to set aside in a special trust fund up to 10 per centum of the annual State funds from the Abandoned Mine Land Reclamation Fund for expenditure in the future for purposes of abandoned mine reclamation, and for other purposes.
PL 100-34 (H.R.1963), enacted 05/07/1987

101 STAT. 300 
PUBLIC LAW 100-34—MAY 7, 1987 
Public Law 100-34 
8K OGi 
100th Congress 
aas 
An Act 
To amend the Surface Mining Control and Reclamation Act of 1977 to permit States 
May 7, 1987 
to set aside in a special trust fund up to 10 per centum of the annual State funds 
[H.R. 1963] 
fi^m the Abandoned Mine Land Reclamation Fund for expenditure in the future 
for purposes of abandoned mine reclamation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—SPECIAL STATE SET-ASIDE 
SEC. 101. AMENDMENT OF SURFACE MINING CONTROL AND RECLAMATION 
ACT. 
Section 402(g) of the Surface Mining Control and Reclamation Act 
30 use 1232. 
of 1977 is amended by redesignating paragraph (3) as paragraph (4) 
and by adding the rollowing new paragraph after paragraph (2): 
"(3) SPECIAL STATE SET-ASIDE FOR FUTURE EXPENDITURE.—Not-
withstanding the proviso contained in paragraph (2), any State may 
receive and retain, without regard to the three-year limitation 
referred to in such proviso, up to ten per centum of the appropriated 
funds granted annually by the Secretary to that State under para-
graph (2) if such moneys are deposited in a special trust fund 
established under State law and such moneys (together with all 
interest earned on such moneys) may be expended by the State 
solely to accomplish the purposes of this title after August 3, 1992. 
All moneys so deposited in special State trust accounts, as well as all 
interest earned, shcdl be considered State moneys. This paragraph 
shall ce£ise to apply to any State for fiscal years crfter any fiscal year 
30 use 1253. 
in which approval of the State regulatory program under section 503 
is terminated or withdrawn by the Secretary until the first subse-
quent fiscal year after the fiscal year in which the Secretary 
reapproves the State program.". 
TITLE II—TWO-ACRE EXEMPTION 
SEC. 201. REPEAL OF EXEMPTION. 
(a) REPEAL.—Section 528 of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1278) is amended as follows: 
(1) In paragraph (1), insert "and" immediately after "him;". 
(2) Strike out paragraph (2). 
(3) Redesignate paragraph (3) as (2). 
30 use 1278 
(b) EFFECTIVE DATE FOR NEW OPERATIONS.—The amendments 
note. 
made by this section shall take effect on the date 30 days after the 
^^- 
enactment of this Act with respect to each operator commencing 
surface coal mining operations on or after such date. 
30 use 1278 
(c) EFFECTIVE DATE FOR EXISTING OPERATIONS.—The amendments 
note. 
made by this section shall take effect on the date 6 months after the 
^°^^- 
enactment of this Act with respect to each operator commencing 
surface coal mining operations pursuant to an authorization under 
PUBLIC LAW 100-34—MAY 7, 1987 
101 STAT. 301 
State law before the date 30 days after the enactment of this Act. 
Nothing in this Act shall preclude reclamation activities pursuant 
to State law or regulations at the site of any surface coal mine which 
was exempt from the Surface Mining Control and Reclamation Act 
of 1977 under section 528(2) of that Act, as in effect before the 30 use 1278. i 
enactment of this Act. 
(d) EFFECT ON STATE LAW.—TO the extent that any provision of a 30 use 1278 
State law, or of a State regulation, adopted pursuant to the excep- ^°^-
tion under section 528(2) of the Surface Mining Control and Rec-
l£unation Act of 1977 as in effect before the enactment of this Act, is 
inconsistent with the amendments made by this section, such provi-
sion shall be of no further force and effect after the effective date of 
such amendments. 
(e) DEFINITION.—For purposes of this section, the term "surface 30 use 1278 
coal mining operations" has the meaning provided by section 701(28) ^°^^- 
'^ 
of the Surface Mining Control and Reclamation Act of 1977. 
30 use I29i. 
Approved May 7, 1987. 
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LEGISLATIVE HISTORY—H.R. 1963 (S. 643): 
1 
HOUSE REPORTS: No. 100-59 (eomm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-37 accompanying S. 643 (eomm. on Energy and Natural 
Resources). 
eONGRESSIONAL REOORD, Vol. 133 (1987): 
Apr. 21, considered and passed House. 
Apr. 23, considered and passed Senate.