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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Abandoned Mine Lands Reclamation
Reform Act of 2001''.

SEC. 2. AMENDMENTS TO SURFACE MINING ACT.

(a) Section 401 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231) is amended as follows:
(1) In subsection (c) strike paragraphs (2) and (6) and
renumber the paragraphs accordingly.
(2) In subsection (e), insert before the period in the
third sentence the following: ''for the purpose of the transfer
provided by section 402(h).''.
(b) Section 402 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232) is amended as follows:
(1) In subsection (b) by striking ''2004'' and inserting
''2011''.
(2) In subsection (g)(1)(D) strike ''(2), (3), (4), or''.
(3) Subsection (g)(2) is amended to read as follows:
''(2) In making the grants referred to in paragraph (1)(C)
and the grants referred to in paragraph (5), the Secretary
shall insure strict compliance by the States and Indian tribes
with the priorities set forth in section 403(a) until a
certification is made under section 411(a).''.
(4) In subsection (g)(3)--
(A) strike ''paragraphs (2) and'' and insert
''paragraph''; and
(B) strike ''11'' and insert ''9''.
(5) Subsection (g)(4) is amended to read as follows:
''(4)(A) Amounts available in the fund to the Secretary for
the purposes set forth under paragraph (3)(C) or to a State or
an Indian tribe under paragraphs (1) and (5) are authorized to
be expended for the reclamation or drainage abatement of lands
and waters which were mined for coal or which were affected by
such mining, wastebanks, coal processing or other coal mining
processes and left in an inadequate reclamation status if the
surface coal mining operation occurred during the period
beginning on August 4, 1977, and ending on or before the date
on which the Secretary approved a State program pursuant to
section 503 for a State in which the site is located, and that
any funds for reclamation or abatement which are available
pursuant to a bond or other form of financial guarantee or from
any other source are not sufficient to provide for adequate
reclamation or abatement at the site.
''(B) In determining which sites to reclaim pursuant to
this paragraph, the Secretary, a State or Indian tribe, as the
case may be, shall follow the priorities set forth under
section 403(a). The Secretary, the State or Indian tribe, as
the case may be, shall ensure that priority is given to those
sites which are in the immediate vicinity of a residential area
or which have an adverse economic impact upon a local
community.''.
(6) In subsection (g)(5)--
(A) strike ''40'' and insert ''60''; and
(B) strike ''Funds allocated or expended by the
Secretary under paragraphs (2), (3), or (4),'' and
insert ''Funds made available under paragraph (3) or
(4)''.
(7) Subsection (g)(6) is amended to read as follows:
''(6)(A) Any State with an approved abandoned mine
reclamation program pursuant to section 405 may retain, with
regard to the 3-year limitation referred 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 established 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 treatment of the effects
of acid mine drainage in a comprehensive 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
significantly affected by acid mine drainage from coal
mining practices in a manner which adversely impacts
biological resources; and
''(ii) which contains lands and waters which are--
''(I) eligible pursuant to section 404 and
include any of the priorities set forth in
section 403(a), or notwithstanding the
certification referred to in section 411(a),
the priority set forth in section 411(c)(1);
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 follows:
''(7) In complying with the priorities set forth in section
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 eligible lands and waters
set forth in section 411(c)(1), notwithstanding the
certification referred to in section 411(a), only if the
expenditure of funds for such reclamation is done in
conjunction with the expenditure of funds to address the
priorities set forth in section 403(a), or in association with
a surface coal mining operation on lands eligible for remining
under this Act.''.
(9) In subsection (g)(8) insert ''or for the reclamation of
eligible lands and waters set forth in section 411(c)(1)''
after ''section 403(a)''.
(10) In subsection (h)(2)--
(A) strike ''sum of--'' and all that follows
through ''$70,000,000'' and insert ''sum of the amount
of interest which the Secretary estimates will be
earned and paid to the fund during the fiscal year with
such amount used, notwithstanding any other provision
of law, to pay the amount of any deficit in net assets
in the Combined Fund''; and
(B) strike subparagraphs (A) and (B).
(11) Strike paragraphs (3) and (4) of subsection (h).
(c) 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) strike ''general welfare,''
and insert ''and'' after the semicolon.
(B) In paragraph (2) strike ''health, safety, and
general welfare'' and insert ''health and safety'' and
insert a period in lieu of the semicolon at the end.
(C) Strike paragraphs (3), (4) and (5).
(2) In subsection (b)--
(A) Strike ''UTILITIES AND OTHER FACILITIES'' and
insert ''WATER SUPPLY RESTORATION''.
(B) Strike ''(B)'' each place it appears in
paragraph (2).
(3) In subsection (c) insert '', subject to the approval of
the Secretary,'' after ''amendments''.
(d) Section 404 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1234) is amended by striking ''section 403(b)(1)''
and inserting ''section 403(b)''.
(e) Section 406(i) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1236(i)) is amended to read as follows:
''(i) There is authorized to be
appropriated to the Secretary of Agriculture
such sums as may be necessary from amounts
other than those made available under this
title to carry out provisions of this
section.''.
(f) 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) Section 409 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1239) is amended as follows:
(1) In subsection (a) strike ''at the request of the
Governor of any State, or the governing body of an Indian
tribe'' and insert ''a State or Indian tribe, as the case may
be''.
(2) In subsection (b) strike ''paragraphs (1) and (5) of
section 402(g)'' and insert ''section 402(g)(1)''.
(3) Subsection (c) is amended to read as follows:
''(c)(1) In the case of a State or Indian tribe, expenditures to
carry out the purposes of this section may only be made after making a
request to, and receiving approval from, the Secretary. Only those
reclamation projects which meet the priorities set forth in section
403(a)(1) for lands and waters referenced under section 404 shall be
eligible under this section, except that for the purposes of this
section the references to coal in section 403(a)(1) and section 404
shall not apply.
''(2) No expenditures shall be made under this section in those
States and tribes certified under section 411(a) except in those States
and tribes which have not completed the reclamation of eligible lands
and waters set forth in section 411(c)(1).''.
(h) Section 411 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1240a) is amended to read as follows:

''SEC. 411. CERTIFICATION.

''(a) Certification of Completion of High Priority Coal Reclamation
Projects.--(1) Pursuant to the procedures set forth in this subsection,
the Governor of a State or the head of a governing body of an Indian
tribe with an approved abandoned mine reclamation project under section
405, the Secretary, or the person referred to in paragraph (4) may seek
to certify the completion of all reclamation projects relating to the
priorities set forth in section 403(a) for eligible lands and water
pursuant to section 404 in such State or tribe.
''(2) In the case of a Governor of a State or the head of a
governing body of an Indian tribe referred to in paragraph (1), the
certification shall be made to the Secretary who, after notice in the
Federal Register and opportunity for public comment, shall concur with
such certification if the Secretary determines that such certification
is correct.
''(3) The Secretary may, on his or her own volition, cause the
certification referred to in paragraph (1) to be made in any State or
tribe referred to in such paragraph if on the basis of the inventory
referred to in section 403(c) all reclamation projects relating to the
priorities 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 certification after notice in the
Federal Register and opportunity for public comment.
''(4) Any person who resides in a State or tribe referred to in
paragraph (1) may petition the Secretary to make the certification
referred to in paragraph (1). In filing such a petition, such person
shall at a minimum provide evidence that all reclamation projects
relating to the priorities set forth in section 403(a) for eligible
lands and waters pursuant to section 404 have been completed. Upon
receipt of a petition under this paragraph, the Secretary shall publish
a notice in the Federal Register describing the nature of the petition
and if, after notice and opportunity for public comment, the Secretary
determines there is sufficient reason to make the certification
referred to in paragraph (1) the Secretary shall make such
certification.
''(b) Eligible Lands, Waters, and Facilities.--After a
certification has been made under subsection (a), for the purposes of
determining the eligibility of lands and waters for annual grants under
section 402(g)(1), eligible lands and waters shall be--
''(1) those eligible under section 404 but not otherwise
eligible under the priorities set forth in section 403(a); and
''(2) upon the completion of all projects eligible under
paragraph (1), notwithstanding section 404, eligible lands and
waters which were mined or processed for minerals or which were
affected by such mining or processing, and abandoned or left in
an inadequate reclamation status prior to August 3, 1977, and
for which there is no continuing reclamation responsibility
under State or other Federal laws, except that in determining
the eligibility under this paragraph of lands and waters under
the administrative jurisdiction of the Forest Service or Bureau
of Land Management, in lieu of August 3, 1977, the applicable
date shall be August 28, 1974, and November 26, 1980,
respectively.''.
''(c) Priorities.--Expenditures of moneys for lands and waters
referred to in subsection (b) shall reflect the following objectives
and priorities in the order stated--
''(1) For the purpose of subsection (b)(1), the restoration
of land and water resources and the environment previously
degraded by adverse effects of coal mining practices.
''(2) For the purpose of subsection (b)(2)--
''(A) the protection of public health, safety, and
property from extreme danger of adverse effects of
mineral mining and processing practices;
''(B) the protection of public health and safety
from adverse effects of mineral mining and processing
practices; and
''(C) the restoration of land and water resources
and the environment previously degraded by the adverse
effects of mineral mining and processing practices.
''(d) 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 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 eligible for expenditures from
the Fund under this section.
''(e) Water Supply Restoration.--Reclamation projects involving the
protection, repair, replacement, construction, or enhancement of
facilities relating to water supply, including water distribution
facilities and treatment plants, to replace water supplies adversely
affected by past mineral mining and processing practices, may be
undertaken as they relate to eligible lands and waters under subsection
(b)(2).
''(f) Public Facilities.--Notwithstanding subsections (c) and (e),
where the Governor of a State or the head of a governing body of an
Indian tribe certified under subsection (a) determines there is a need
for the: (1) construction of public facilities related to the coal or
minerals industry in States or tribe impacted by coal or minerals
development, or (2) the protection, repair, replacement, construction,
or enhancement of public facilities such as recreation and conservation
facilities adversely affected by past coal or minerals mining and
processing practices, and the Secretary concurs with such need, then
the State or tribe, as the case may be, may use annual grants made
available under section 402(g)(1) to carry out such activities or
construction.
''(g) Application of Other Provisions.--All provisions of this
title shall apply to this section, as they may be applicable, except
that for purposes of subsection (b)(2), subsection (c) and subsection
(e) the references to 'coal' in this title shall be deemed to be
references to 'minerals' or 'mineral'.''.
(i) Section 413 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1242) is amended by striking subsection (d) and
redesignating subsection (e) as subsection (d).

SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT.

(a) Reallocations.--(1) Amounts allocated under section 401(g)(2)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)(2)) (excluding interest) but not appropriated prior to the date
of enactment of this Act for the program set forth under section 406
shall be available for the purpose described in section 402(g)(5) of
such Act.
(2) Notwithstanding any other provision of law, interest credited
to the fund established by section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) not transferred to the
Combined Fund identified in section 402(h)(2) of such Act prior to the
date of enactment of this Act shall be transferred to such Combined
Fund within 30 days after the enactment of this Act for the purpose set
forth in section 402(h)(2) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)) as amended by this Act.
(b) Inventory.--(1) Within one year after the date of enactment of
this Act, the Secretary shall complete a review of all amendments made
by States and Indians tribes since December 31, 1998, to the inventory
referred to in section 403(c) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(c)) to insure that such
additions reflect eligible lands and waters pursuant to section 404 of
such Act meeting the priorities set forth in section 403(a) of such
Act, and are correctly identified pursuant to such priorities. In
conducting such review, any projects found to be included in the
inventory pursuant to the general welfare standard set forth in section
403(a) of such Act prior to the date of enactment of this Act shall be
deemed as no longer being eligible under section 403(a) of such Act as
amended by this Act and may only be carried out under section 411(c)(1)
of such Act.
(2) The Inspector General of the Department of the Interior shall
evaluate the review undertaken by the Secretary under paragraph (1),
and together with the Secretary, report the results of the review to
the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the United States House of
Representatives within 60 days after the completion of the review.
(3) On an annual basis, the Inspector General of the Department of
the Interior shall review any amendments made to the inventory referred
to in section 403(c) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1233(c)) to insure such amendments meet the
priorities set forth in section 403(a) of such Act.
(c) Savings Clause.--Nothing in this Act shall be deemed as
superseding, amending, modifying or repealing any certification made
pursuant to section 411 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1240a) prior to the date of enactment of this
Act.
Abandoned Mine Lands Reclamation Reform Act of 2001 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal authorization for the use of moneys in the Abandoned Mine Reclamation Fund ( Fund) earmarked for: (1) the Secretary of Agriculture for rural land reclamation; and (2) studies, research, and demonstration projects by the Department of the Interior.Designates for transfer to the United Mine Workers of America Combined Benefit Fund the interest earned on unexpended Fund amounts.Extends the sunset date for the current rate of reclamation fees from 2004 to 2011.Revises requirements governing: (1) allocation of reclamation fees for certain reclamation purposes; and (2) the transfer of liquidated sums to the United Mine Workers of America Combined Benefit Fund.Repeals priorities for the expenditure of funds for the general welfare and for: (1) restoration of land and water resources and environment previously degraded by the adverse effects of coal mining practices; (2) protection, repair, construction, or enhancement of utilities, roads, and recreation and conservation facilities adversely affected by such practices; and (3) development for recreation, conservation, reclamation, and open space purposes of publicly owned land also adversely affected by such practices.Removes the proscription against the filing of reclamation fee liens against certain property owners who owned the surface prior to May 2, 1977.Authorizes a State or Indian tribe, subject to certain expenditure limitations, to fill voids and seal tunnels resulting from mining operations.Revises requirements pertaining to: (1) certification of completion of high priority coal reclamation projects; and (2) lands, waters, and public facilities eligible for annual grants (including certain water supply restoration and public facilities).