To amend the Surface Mining Control and Reclamation Act of 1977 to improve the reclamation of abandoned mines.

September 14, 2005

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

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 2005'.

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.

(a) In General- Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended--

(1) by striking subsection (a) and inserting the following:

`(a) In General- Any operator of a coal mining operation subject to this Act shall pay to the Secretary of the Interior, for deposit in the fund--

`(1) for coal produced by surface coal mining--

`(A) for the period beginning on July 1, 2006, and ending on October 1, 2009, 32 cents per ton of coal produced;

`(B) for the period beginning on October 1, 2009, and ending on October 1, 2013, 30 cents per ton of coal produced; and

`(C) for the period beginning on October 1, 2013, and ending on October 1, 2016, 28 cents per ton of coal produced;

`(2) for coal produced by underground mining--

`(A) for the period beginning on July 1, 2006, and ending on October 1, 2009, 15 cents per ton of coal produced;

`(B) for the period beginning on October 1, 2009, and ending on October 1, 2013, 12 cents per ton of coal produced; and

`(C) for the period beginning on October 1, 2013, and ending on October 1, 2016, 12 cents per ton of coal produced; and

`(3) for lignite coal--

`(A) for the period beginning on July 1, 2006, and ending on October 1, 2009, 10 cents per ton of lignite coal produced;

`(B) for the period beginning on October 1, 2009, and ending on October 1, 2013, 8 cents per ton of lignite coal produced; and

`(C) for the period beginning on October 1, 2013, and ending on October 1, 2016, 8 cents per ton of lignite coal produced.';

(2) in subsection (b), by striking `June 30, 2006,' and all that follows through the end and inserting `September 30, 2016.'; and

(3) in subsection (g)--

(A) in paragraph (1)(D), by striking `in any area under paragraph (2), (3), (4), or (5)' and inserting `under paragraph (4)';

(B) by striking paragraph (2);

(C) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (5), (6), and (7), respectively;

(D) in paragraph (2) (as redesignated by subparagraph (C))--

(i) in the matter preceding subparagraph (A), by striking `paragraphs (2) and (5)' and inserting `paragraph (4)';

(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 (7).';

(E) in paragraph (3) (as redesignated by subparagraph (C))--

(i) in subparagraph (A), by striking `paragraphs (1), (2), and (5) or expended under paragraph (3)' and inserting `paragraphs (1) and (4) or expended under paragraph (2)'; and

(ii) in subparagraph (E), by striking `paragraphs (1) and (5)' and inserting `paragraphs (1) and (4)';

(F) in paragraph (4) (as redesignated by subparagraph (C))--

(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 (2) or (3)'; and

(iii) by adding at the end the following:

`(B) Any amount that is made available under paragraph (8) shall be in addition to amounts that are allocated under subparagraph (A).'; and

(G) by striking paragraphs (5), (6), and (7) (as redesignated by subparagraph (C)) and inserting the following:

`(5) ABATEMENT OF ACID MINE DRAINAGE-

`(A) DEFINITION OF QUALIFIED HYDROLOGIC UNIT- 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) USE OF FUNDS FOR ABATEMENT OF ACID MINE DRAINAGE- 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 20 percent of the total amount of the grants made annually to the State under paragraphs (1) and (4) 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.

`(6) CERTAIN RECLAMATION PROJECTS- 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 (4) 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 before, on, or after the date of enactment of the Abandoned Mine Land Reclamation Reform Act of 2005 for reclamation projects under paragraphs (1) and (2) of section 403(a).

`(7) MINIMUM AMOUNT- In making grants referred to in paragraph (1)(C) and in making expenditures under paragraph (2)(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 (2), shall ensure that total grant awards or expenditures of not less than $2,000,000 are made annually to or in each State that has an approved abandoned mine reclamation program under section 405 in effect on June 30, 2004, the State of Tennessee, and each Indian tribe.

`(8) PAYMENTS TO STATES AND INDIAN TRIBES-

`(A) IN GENERAL- The Secretary shall, using amounts allocated in the fund to a State or Indian tribe before October 1, 2006, pay to the State or Indian tribe an amount equal to the sum of the aggregate unappropriated amount allocated to the State or Indian tribe under subparagraph (A) or (B) of paragraph (1) (referred to in this paragraph as the `amount due').

`(B) SCHEDULE- Payments under subparagraph (A) shall be made in accordance with the following schedule:

`(i) If the amount due to a State or Indian tribe is less than $2,000,000, the Secretary shall pay to the State or Indian tribe the amount due on December 31, 2006.

`(ii) If the amount due to a State or Indian tribe is $2,000,000 or more but less than $30,000,000, the Secretary shall pay to the State or Indian tribe--

`(I) 1/2 of the amount due on December 31, 2006; and

`(II) 1/2 of the amount due on December 31, 2007.

`(iii) If the amount due to a State or Indian tribe is $30,000,000 or more but less than $100,0000,000, the Secretary shall pay to the State or Indian tribe--

`(I) 1/3 of the amount due on December 31, 2006;

`(II) 1/3 of the amount due on December 31, 2007; and

`(III) 1/3 of the amount due on December 31, 2008.

`(iv) If the amount due to a State or Indian tribe is $100,000,000 or more but less than $200,0000,000, the Secretary shall pay to the State or Indian tribe--

`(I) 1/4 of the amount due on December 31, 2006;

`(II) 1/4 of the amount due on December 31, 2007;

`(III) 1/4 of the amount due on December 31, 2008; and

`(IV) 1/4 of the amount due on December 31, 2009.

`(v) If the amount due to a State or Indian tribe is more than $200,000,000, the Secretary shall pay to the State or Indian tribe--

`(I) 1/5 of the amount due on December 31, 2006;

`(II) 1/5 of the amount due on December 31, 2007;

`(III) 1/5 of the amount due on December 31, 2008;

`(IV) 1/5 of the amount due on December 31, 2009; and

`(V) 1/5 of the amount due on December 31, 2010.

`(C) PAYMENTS NOT SUBJECT TO APPROPRIATIONS- Payments under subparagraph (A) shall not be subject to the availability of appropriations.

`(D) USE OF FUNDS-

`(i) CERTIFIED STATES AND INDIAN TRIBES-

`(I) IN GENERAL- A State or Indian tribe that makes a certification under section 411(a) in which the Secretary concurs shall use any amounts provided under this paragraph for the purposes established by the State legislature or tribal council of the Indian tribe, with priority given for addressing the impacts of mineral development.

`(II) DEADLINE NOT APPLICABLE- Paragraph (1)(D) shall not apply to amounts provided under this paragraph to a State or Indian tribe described in subclause (I).

`(ii) UNCERTIFIED STATES AND INDIAN TRIBES- A State or Indian tribe that has not made a certification under section 411(a) in which the Secretary has concurred shall use any amounts provided under this paragraph for the purposes described in section 403.'.

(b) Conforming Amendments- the Surface Mining Control and Reclamation Act of 1977 is amended--

(1) Section 403(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(b)) is amended--

(A) in paragraph (1), by striking `paragraphs (1) and (5)' and inserting `paragraphs (1) and (4)'; and

(B) in paragraph (2), by striking `402(g)(4)(B)' each place it appears and inserting `section 402(g)(3)(B)';

(2) Section 404 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1234) is amended by striking `section 402(g)(4)' and inserting `section 402(g)(3)'.

(3) Section 409(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1239(b)) is amended by striking `paragraphs (1) and (5)' and inserting `paragraphs (1) and (4)'.

(4) Section 701(34) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1291(34)) is amended by striking `section 402(g)(4)' and inserting `section 402(g)(3)'.

SEC. 4. TEMPORARY FINANCIAL RELIEF.

Section 402(h) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)) is amended by striking paragraph (1) and inserting the following:

`(1) Notwithstanding any other provision of law, for fiscal year 2007 and each fiscal year thereafter, the Secretary of the Interior shall, as of the beginning of the fiscal year, use an amount in the fund equal to the amount of interest that was paid to the fund during the preceding fiscal year and remains unexpended to make the transfers under paragraph (2).'.

SEC. 5. COLLECTION OF RECLAMATION FEES BY STATES AND INDIAN TRIBES.

Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) (as amended by section 4) is amended by adding at the end the following:

`(i) Collection of Reclamation Fees-

`(1) IN GENERAL- On the request of the Governor of a State or head of a governing body of an Indian tribe, the Secretary shall enter into an agreement authorizing the State or Indian tribe to collect the fees required under subsection (a) (referred to in this subsection as the `reclamation fees') on or after July 1, 2006.

`(2) PAYMENTS-

`(A) IN GENERAL- Any operator of a coal mining operation subject to this Act, with respect to coal mined in a State or from land of an Indian tribe that is subject to an agreement entered into under paragraph (1), shall pay to the head of the State agency or Indian tribe that is responsible for collecting revenue from coal mining operators (referred to in this subsection as the `agency head') the reclamation fees.

`(B) CERTIFICATION- On receipt of the reclamation fees under subparagraph (A), the agency head shall--

`(i) certify to the Secretary receipt of the fees;

`(ii) remit 1/2 of the fees to the Secretary; and

`(iii) retain 1/2 of the fees as the share due to the State or Indian tribe.

`(C) LIMITATION- A State or Indian tribe that collects reclamation fees under this subsection is not eligible for an allocation under subparagraph (A) or (B) of section 402(g)(1).

`(D) USE OF FUNDS- Any reclamation fees collected and retained by an agency head under subparagraph (A) shall be used by the State or Indian tribe for the purposes described in section 403.'.

SEC. 6. OBJECTIVES OF FUND.

Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by striking `(1) the protection' and inserting `(1)(A) the protection';

(ii) in subparagraph (A) (as designated by clause (i)), by striking `general welfare,'; and

(iii) by adding at the end the following:

`(B) the restoration of land and water resources and the environment that--

`(i) have been degraded by the adverse effects of coal mining practices; and

`(ii) are adjacent to a site that has been remediated under subparagraph (A);'; and

(B) in paragraph (2), by striking `health, safety, and general welfare' and inserting `health and safety';

(2) in subsection (b)--

(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. 7. 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. 8. 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. 9. REMINING.

(a) Incentives- Title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the end the following:

`SEC. 415. REMINING INCENTIVES.

`(a) In General- Notwithstanding any other provision of this Act, the Secretary may, after opportunity for public comment, promulgate regulations that describe conditions under which amounts in the fund may be used to provide incentives to promote remining of eligible land under section 404 in a manner that leverages the use of amounts from the fund to achieve more reclamation with respect to the eligible land than would be achieved without the incentives.

`(b) Requirements- Any regulations promulgated under subsection (a) shall specify that the incentives shall apply only if the Secretary of the Interior determines, with the concurrence of the State regulatory authority referred to in title V, that, without the incentives, the eligible land would not be likely to be remined and reclaimed.

`(c) Incentives-

`(1) IN GENERAL- Incentives that may be considered for inclusion in the regulations promulgated under subsection (a) include--

`(A) a rebate or waiver of the reclamation fees required under section 402(a); and

`(B) the use of amounts in the fund to provide financial assurance for remining operations in lieu of all or a portion of the performance bonds required under section 509.

`(2) LIMITATIONS-

`(A) USE- A rebate or waiver under paragraph (1)(A) shall be used only for operations that--

`(i) remove or reprocess abandoned coal mine waste; or

`(ii) conduct remining activities that meet the priorities specified in paragraph (1) or (2) of section 403(a).

`(B) AMOUNT- The amount of a rebate or waiver provided as an incentive under paragraph (1)(A) to remine or reclaim eligible land shall not exceed the estimated cost of reclaiming the eligible land under this section'.

(b) 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 `2015'.

SEC. 10. INTEREST TRANSFERS.

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 section 402(h)(2) of that Act (30 U.S.C. 1232(h)(2)), in the same manner as are other amounts available for the transfers.

END