108th CONGRESS
2d Session
S. 2086
To amend the Surface Mining Control and Reclamation Act of 1977 to
improve the reclamation of abandoned mines.
IN THE SENATE OF THE UNITED STATES
February 12, 2004
Mr. THOMAS (for himself and Mr. ENZI) introduced the following bill; which
was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to
improve the reclamation of abandoned mines.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Abandoned Mine Land Reclamation Reform Act of
2004'.
SEC. 2. ABANDONED MINE RECLAMATION FUND.
(a) IN GENERAL- Section 401(c) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231(c)) is amended--
(1) by striking paragraphs (2) and (6); and
(2) by redesignating paragraphs (3) through (5) and (7) through (13) as
paragraphs (2) through (11), respectively.
(b) CONFORMING AMENDMENT- Section 712(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by striking `section
401(c)(11)' and inserting `section 401(c)(9)'.
SEC. 3. RECLAMATION FEE.
Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232) is amended--
(A) by striking `35' and inserting `25';
(B) by striking `15' and inserting `12'; and
(C) by striking `10 cents' and inserting `8 cents';
(2) in subsection (b), by striking `2004,' and all that follows through
the end and inserting `2014.'; and
(A) in paragraph (1)(D), by striking `in any area under paragraph (2),
(3), (4), or (5)' and inserting `under paragraph (5)';
(B) by striking paragraph (2) and inserting the following:
`(2) In making grants under paragraph (1)(C) and (5), the Secretary shall
ensure that States and Indian tribes comply strictly with the priorities
specified in section 403(a) until a certification is made under section
411(a).';
(i) in the matter preceding subparagraph (A), by striking `paragraphs
(2) and' and inserting `paragraph';
(ii) in subparagraph (A), by striking `401(c)(11)' and inserting `401(c)(9)';
and
(iii) by adding at the end the following:
`(E) For the purpose of paragraph (8).';
(i) in the first sentence, by striking `The Secretary shall allocate
40' and inserting `(A) The Secretary shall allocate 60';
(ii) in the last sentence, by striking `Funds allocated or expended
by the Secretary under paragraphs (2), (3), or (4) of this subsection'
and inserting `Funds made available under paragraph (3) or (4)'; and
(iii) by adding at the end the following:
`(B) Any amount that is reallocated and available under section 411(h)(3)
shall be in addition to amounts that are allocated under subparagraph
(A).'; and
(E) by striking paragraphs (6), (7), and (8) and inserting the following:
`(6)(A) In 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 that adversely affects
biological resources; and
`(ii) that contains land and water that is--
`(I) eligible under section 404 and appropriate for the expenditure
of moneys from the fund for the purposes specified in section 403(a);
and
`(II) the subject of expenditures by the State from the forfeiture of
a bond filed under section 509 or from any other
State source to abate and treat acid mine drainage.
`(B) Any State with an approved abandoned mine reclamation program under
section 405 may receive and retain, without regard to the 3-year limitation
referred to in paragraph (1)(D), up to 10 percent of the total amount of
the grants made annually to the State under paragraphs (1) and (5) if--
`(i) the amount retained is deposited in an acid mine drainage abatement
and treatment fund established under State law; and
`(ii) the amount deposited under clause (i) (together with all interest
earned on the amount) is 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.
`(7) In complying with the priorities specified in section 403(a), any State
or Indian tribe may expend amounts available in grants made annually to
the State or tribe under paragraphs (1) and (5) for projects for the purpose
specified in section 403(a)(3) prior to the completion of reclamation projects
under paragraphs (1) and (2) of section 403(a) only if the expenditure is
made in conjunction with the expenditure of funds for reclamation projects
under paragraphs (1) and (2) of section 403(a).
`(8) In making grants referred to in paragraph (1)(C), the Secretary, using
amounts allocated to a State or Indian tribe under subparagraph (A) or (B)
of paragraph (1), or as necessary amounts available to the Secretary under
paragraph (3), shall ensure that total grant awards of not less than $2,000,000
are made annually to each State, including Tennessee, and each Indian tribe.'.
SEC. 4. OBJECTIVES OF FUND.
Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)) is amended--
(A) in paragraph (1), by striking `general welfare,';
(i) by striking `health, safety, and general welfare' and inserting
`health and safety'; and
(ii) by inserting `and' after the semicolon at the end; and
(C) by striking paragraphs (4) and (5);
(A) by striking the subsection heading and inserting `WATER SUPPLY RESTORATION-
'; and
(B) in paragraph (1), by striking `up to 30 percent of the'; and
(3) in the second sentence of subsection (c), by inserting `, subject to
the approval of the Secretary,' after `amendments'.
SEC. 5. RECLAMATION OF RURAL LAND.
Section 406 of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1236) is amended--
(1) in subsection (h), by striking `Soil Conservation Service' and inserting
`Natural Resources Conservation Service'; and
(2) by adding at the end the following:
`(i) There are authorized to be appropriated to the Secretary of Agriculture,
from amounts in the Treasury other than amounts in the fund, such sums
as are necessary to carry out this section.'.
SEC. 6. LIENS.
Section 408(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1238) is amended in the last sentence by striking `who owned the surface
prior to May 2, 1977, and'.
SEC. 7. CERTIFICATION.
Section 411 of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1240a) is amended by adding at the end the following:
`(h) STATE SHARE FOR CERTIFIED STATES AND INDIAN TRIBES-
`(1) DEFINITIONS- In this subsection:
`(A) QUALIFIED STATE OR INDIAN TRIBE- The term `qualified State or Indian
tribe' means a State or Indian tribe--
`(i) for which a certification is made under subsection (a); and
`(ii) in which there is public domain land available for leasing under
the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
`(B) NON-QUALIFIED STATE OR INDIAN TRIBE- The term `non-qualified State
or Indian tribe' means a State or Indian tribe--
`(i) for which certification is made under subsection (a); and
`(ii) in which there is no public domain land available for leasing
under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
`(2) PAYMENTS TO QUALIFIED STATES AND INDIAN TRIBES- From amounts referred
to in section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) that are
paid into the Treasury after the date of the enactment of this subsection
and that are not paid to States under section 35 of that Act or reserved
as part of the reclamation fund under that section, the Secretary of the
Interior shall pay to each qualified State and Indian tribe, on a proportional
basis, an amount equal to the sum of the aggregate unappropriated amount
allocated to the qualified State and Indian tribe under section 402(g)(1)(A).
`(3) PAYMENTS TO NON-QUALIFIED STATES AND INDIAN TRIBES-
`(A) IN GENERAL- Not later than December 31, 2004, in addition to any
other funds provided under this Act, the Secretary of the Interior shall
use amounts described in section 8(a) of the Abandoned Mine Land Reclamation
Reform Act of 2004 to pay an amount to any non-qualified State or Indian
tribe.
`(B) PROPORTIONAL AMOUNT- The payment to a non-qualified State or Indian
tribe under subparagraph (A) shall be--
`(i) proportional to the sum of the aggregate unappropriated amount
allocated to the State or Indian tribe under section 402(g)(1)(B); and
`(ii) in lieu of payment of the aggregate allocated amount.
`(C) TOTAL AMOUNT- The total amount of payments made under this paragraph
shall not exceed $65,000,000.
`(4) ADMINISTRATION- Payments to States and Indian tribes under this subsection
shall be made, without regard to any limitation in section 401(d), in the
same manner as if the payments were made under, and concurrently with payments
under, section 35 of the Mineral Leasing Act (30 U.S.C. 191).
`(5) REALLOCATION- The amount allocated to any State or Indian tribe under
section 402(g)(1)(A) that is paid to the qualified State or Indian tribe
as a result of a payment under paragraph (2) shall be reallocated and available
for grants under section 402(g)(5).'.
SEC. 8. IMPLEMENTATION.
(1) AVAILABILITY OF ALLOCATED AMOUNTS- Amounts allocated under section 402(g)(2)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2))
(excluding interest) before the date of enactment of this Act for the program
under section 406 of that Act (30 U.S.C. 1236), but not appropriated before
that date, shall be available for fiscal year 2005 and thereafter for the
transfers referred to in paragraphs (2) and (3) of section 411(h) of that
Act (30 U.S.C. 1240a(h)) (as amended by section 7), in the same manner as
are other amounts available for the transfers.
(2) INTEREST- 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) that are not transferred to the
Combined Benefit Fund referred to in section 402(h) of that Act (30 U.S.C.
1232(h)), before the date of enactment of this Act shall be available for
fiscal year 2006 and thereafter for the transfers referred to in paragraphs
(2) and (3) of section 402(h) of that Act (30 U.S.C. 1232(h)), in the same
manner as are other amounts available for the transfers.
(1) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary of the Interior shall complete a review of all additions
made, pursuant to amendments offered by States and Indians tribes after
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
ensure that the additions--
(A) reflect eligible land and water under section 404 of that Act (30
U.S.C. 1234) that meet the priorities specified in paragraphs (1) and
(2) of section 403(a) of that Act (30 U.S.C. 1233(a)); and
(B) are correctly identified pursuant to the priorities.
(2) REMOVAL FROM INVENTORY- Any land or water that was included in the inventory
pursuant to the general welfare standard specified in section 403(a) of
that Act (30 U.S.C. 1233(a)) before the date of enactment of this Act that
is determined in the review to no longer meet the criteria specified in
paragraphs (1) and (2) of section 403(a) of that Act (as amended by section
4(1)), shall be removed from the inventory.
(c) CLARIFICATION- Section 528(2) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1278(2)) is amended by inserting after `government-financed'
the following: `(not including financing with funds made available under title
IV)'.
(1) EXTENSION OF AUTHORITY- Section 510(e) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended in the last sentence
by striking `2004' and inserting `2014'.
(2) SAVINGS CLAUSE- Except as provided in paragraph (1), nothing in this
section modifies any provision of law relating to the remining of coal.
END
