Abandoned Mine Reclamation Program Extension and Reform Act of 2005 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization to use certain funds in the Abandoned Mine Land Reclamation Fund (Fund) by the Secretary of Agriculture for rural land reclamation.
Revises guidelines governing: (1) the availability of moneys from the Fund: (2) the disposition of unappropriated Fund balances; (3) transfers to the United Mine Workers of America Combined Benefit Fund; and (4) submission of quarterly reports by operators of surface coal mining operations.
Revises requirements governing allocation of funds and allocation of funds to states and Indian tribes.
Prescribes guidelines for initial program sites and bond forfeiture sites with insolvent sureties.
Revises requirements for the granting of funds to set forth guidelines governing: (1) the application processing deadline; (2) the disposition of unexpended funds; and (3) a state set-aside program.
Authorizes the Secretary of the Interior to require that states assume responsibility for administering the emergency reclamation program in order to remain eligible to receive grants.
Authorizes the Secretary to propose regulations prescribing conditions under which the Fund would be used to promote remining of eligible lands, including reclamation fee rebates or waivers and other incentives.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2721 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2721
To amend the Surface Mining Control and Reclamation Act of 1977 to
reauthorize collection of reclamation fees, revise the abandoned mine
reclamation program, promote remining, authorize the Office of Surface
Mining to collect the black lung excise tax, and make sundry other
changes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2005
Mr. Peterson of Pennsylvania (for himself, Mr. Holden, Mr. Shuster, Mr.
Platts, Mr. Gerlach, Mr. English of Pennsylvania, Ms. Hart, Mr.
Kanjorski, Mr. Sherwood, Mr. Davis of Tennessee, Mr. Regula, Mr. Wamp,
Mr. Ruppersberger, Mrs. Blackburn, Mr. Ford, Mr. Gordon, and Ms.
Schwartz of Pennsylvania) introduced the following bill; which was
referred to the Committee on Resources
_______________________________________________________________________
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to
reauthorize collection of reclamation fees, revise the abandoned mine
reclamation program, promote remining, authorize the Office of Surface
Mining to collect the black lung excise tax, and make sundry other
changes.
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 Reclamation Program
Extension and Reform Act of 2005''.
SEC. 2. AMENDMENTS TO THE SURFACE MINING CONTROL AND RECLAMATION ACT OF
1977.
The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq.) is amended as follows:
(1) Section 401(c) is amended by--
(A) striking paragraph (2);
(B) striking the word ``and'' after the first
occurrence of the word ``subsidence'' in paragraph (1)
and redesignating the portion of paragraph (1)
following the deleted word as paragraph (2); and
(C) striking the phrase ``section 402(g)(1) of this
Act'' in paragraph (2) and inserting in its place
``section 402(g)(1) or section 403(b)(1) of this Act''.
(2) Section 401(c)(5) is amended by inserting before the
semicolon ``, and other audit and collection activities under
sections 402(d) and 414(b) of this Act''.
(3) Section 401(c)(6) is amended by striking everything
after ``Department of the Interior'' and inserting in its place
``with public and private organizations conducted for the
purposes of this title of this Act to such extent and in such
amounts as are provided in appropriation Acts;''.
(4) Section 401(c)(10) is amended by striking ``section
411'' and inserting in its place ``section 415''.
(5) Section 401(c)(12) is amended by striking ``section
402(h)'' and inserting in its place ``subsection (f) of this
section''.
(6) In section 401, subsections (d) and (e) are amended to
read as follows:
``(d) Availability of Moneys From Fund.--
``(1) In general.--Moneys from the fund shall be available
for the purposes of this title of this Act, or for distribution
under paragraph (2) of this subsection, only when appropriated
therefor. Such appropriations shall be made without fiscal year
limitations.
``(2) Disposition of unappropriated state-share balance.--
This paragraph applies to the portion of the fund that was
allocated to States and Indian tribes under section 402(g)(1)
of this Act and that was not appropriated as of the end of the
fiscal year ending September 30, 2005.
``(A) States and indian tribes certified as of
september 30, 2005.--States and Indian tribes that have
been certified under section 411 of this Act as of
September 30, 2005, shall receive, subject to
appropriation, the unappropriated balance of their
allocation in annual payments beginning with fiscal
year 2006 and ending with fiscal year 2015.
``(B) States and indian tribes not certified as of
september 30, 2005.--States and Indian tribes that have
not been certified under section 411 of this Act as of
September 30, 2005, shall receive, subject to
appropriation, the unappropriated balance of their
allocation as grants awarded in accordance with
sections 403(b) and 405(h) of this Act.
``(C) States and indian tribes certifying after
september 30, 2005.--States and Indian tribes that are
certified under section 411 of this Act after September
30, 2005, shall receive, subject to appropriation, the
portion of their allocation under section 402(g)(1) of
this Act that has not been previously disbursed to
those States and tribes as grants under paragraph
(2)(B) of this subsection. Disbursement shall be made
in annual payments, beginning with the fiscal year
following certification and ending with fiscal year
2015. These payments shall be made using funds
appropriated for the purpose of making grants to States
and Indian tribes under section 405(h).
``(D) No expenditure restrictions.--Monies
disbursed under paragraphs (2)(A) and (C) of this
subsection may be expended without regard to any other
provision of this Act: Provided, That, whenever a
certified State or Indian tribe becomes aware of a coal
mining-related problem within its borders, the State or
tribe must first use those monies to promptly address
that problem if the site is eligible for reclamation
under section 404 of this Act and if the problem meets
one of the priorities in paragraphs (1) and (2) of
section 403(a) of this Act.
``(3) Reallocation of other unappropriated balances.--
``(A) Rural abandoned mine reclamation program.--
That part of the fund allocated by section 402(g)(2)
for the rural abandoned mine reclamation program under
section 406 of this Act that has not been appropriated
as of September 30, 2005, shall be available for
appropriation for the purposes set forth in section
403(b) of this Act.
``(B) Secretary's discretionary share.--That part
of the fund allocated by section 402(g)(3) for use by
the Secretary that has not been appropriated as of
September 30, 2005, shall be available for
appropriation for the purposes set forth in section
403(b) of this Act.
``(C) Historic production allocation.--That part of
the fund allocated by section 402(g)(5) for historic
production supplemental grants to States and Indian
tribes that has not been appropriated as of September
30, 2005, shall be available for appropriation for the
purposes set forth in section 403(b) of this Act.
``(e) Interest.--The Secretary of the Interior shall notify the
Secretary of the Treasury as to what portion of the fund is not, in his
or her judgment, required to meet current withdrawals. The Secretary of
the Treasury shall invest such portion of the fund in public debt
securities with maturities determined by the Secretary of the Interior
and suitable for the needs of the fund and achieving the purposes of
the transfers under subsection (f). Such securities shall bear interest
at rates determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. The income
on such investments shall be credited to, and form a part of, the
fund.''.
(7) In section 401, insert a new subsection (f) as follows:
``(f) Transfers to Combined Benefit Fund.--
``(1) Notwithstanding any other provision of law, at the
beginning of each fiscal year, the Secretary shall transfer
from the fund to the United Mine Workers of America Combined
Benefit Fund (referred to as the `Combined Fund' in this title
of this Act), as established under section 9702 of the Internal
Revenue Code of 1986 (26 U.S.C. 9702), an amount equal to the
amount of expenditures that the trustees of the Combined Fund
estimate will be debited against the unassigned beneficiaries
premium account under section 9704(e) of the Internal Revenue
Code of 1986 (26 U.S.C. 9704(e)) for the fiscal year of the
Combined Fund in which the transfer is made: Provided, That the
amount transferred shall not exceed the amount available under
paragraph (2) of this subsection.
``(2) In making the transfers, the Secretary shall first
use the interest that has been earned by and paid to the fund
during the preceding year, followed by any interest earned in
prior years and not previously transferred.
``(3) If, for any fiscal year, the amount transferred is
more or less than the actual expenditures for the unassigned
beneficiaries premium account in that year, the Secretary shall
appropriately adjust the amount transferred for the next fiscal
year.''.
(8) Section 402(b) is amended by--
(A) striking ``Such fee'' and inserting in its
place ``Reclamation fees''; and
(B) striking ``2005'' and all that follows and
inserting in its place ``2019''.
(9) Section 402(c) is amended to read as follows:
``(c) Submission of Quarterly Reports.--
``(1) All operators of surface coal mining operations shall
submit a report no later than 30 days after the end of each
calendar quarter. The report shall include--
``(A) a statement of the amount of coal produced
during the calendar quarter, the method of coal removal
and the type of coal;
``(B) an identification of the permittee and the
operator of the surface coal mining operation, the
owner of the coal, the preparation plant or tipple
receiving the coal or the loading point for the coal,
and the person purchasing the coal from the operator or
permittee;
``(C) the number of the permit required under
section 506 of this Act; and
``(D) the identification number issued by the Mine
Safety and Health Administration for the operation.
``(2) Each quarterly report shall contain a notification of
any changes in the information required by paragraph (1) of
this subsection since the date of the preceding quarterly
report.
``(3) The operator must certify, under penalty of perjury,
that the information in each report is true, correct, and
complete. Any person, corporate officer, agent or director who,
on behalf of a coal mine operator, knowingly makes any false
statement, representation or certification or knowingly fails
to make any statement, representation or certification required
in this section shall, upon conviction, be punished by a fine
of not more than $10,000, or by imprisonment for not more than
1 year, or both.
``(4) The information contained in the quarterly reports
submitted under this subsection shall be maintained by the
Secretary in a computerized database.''.
(10) Section 402(d) is amended by--
(A) striking the word ``Penalty'' from the title
and inserting in its place the word ``Audits'' ;
(B) striking paragraph (1);
(C) redesignating paragraph (2) as paragraph (1);
and
(D) inserting paragraph (2) to read as follows:
``(2) The Secretary is authorized to audit compliance with
the excise tax payment requirements of section 4121 of the
Internal Revenue Code of 1986 (26 U.S.C. 4121) when conducting
audits under this subsection.''.
(11) Section 402(f) is amended to read as follows:
``(f) Cooperation From Other Agencies.--All Federal and State
agencies shall fully cooperate with the Secretary of the Interior in
the enforcement of this section. Whenever the Secretary of the Interior
believes that any person has not paid the full amount of the fee
payable under section 402(a) of this Act or the excise tax payable
under section 4121 of the Internal Revenue Code of 1986 (26 U.S.C.
4121), he or she shall notify the Federal agency responsible for
enforcing the provisions of section 4121 of the Internal Revenue Code
of 1986 (26 U.S.C. 4121).''.
(12) Section 402(g) is amended by--
(A) amending the subsection heading to read
``Allocation of Fee Receipts and Other Monies Prior to
October 1, 2005.--'';
(B) in paragraph (1), striking ``Except as provided
in subsection (h)'' and inserting in its place ``Except
as otherwise provided in this Act'';
(C) amending paragraphs (1)(A)(ii) and (1)(B)(ii)
to read as follows:
``(ii) Lands and waters which are eligible
pursuant to section 404 (in the case of a State
not certified under section 411). In the case
of a State certified under section 411,
eligible lands and waters shall be those 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.'';
(D) striking ``section 401(c)(2)'' at the end of
paragraph (2) and inserting in its place ``for the
purposes of section 406'';
(E) striking everything in paragraph (4) after
``subparagraph (A)'' in subparagraph (B) and inserting
in its place ``if the requirements of section 404(b)
are met.'';
(F) striking paragraph (5) in its entirety and
inserting in its place ``This subsection applies only
to fees and other monies payable to the fund as of the
expiration of September 30, 2005, and to monies
appropriated from the fund as of that date. Sections
401(d) and 403(b) of this Act govern allocations and
disbursements after that date.'';
(G) striking paragraphs (6) through (8) in their
entirety; and
(H) striking subsection (h) in its entirety.
(13) Section 403 is amended by--
(A) amending the title to read ``FUND OBJECTIVES
AND EXPENDITURES.'';
(B) striking the phrase ``except as provided for
under section 411'' in subsection (a) and inserting in
its place ``except as otherwise provided in this
section, section 401(c), or section 411'';
(C) striking the period at the end of subsection
(a)(3) and inserting a semicolon in its place;
(D) amending subsection (b) to read as follows:
``(b) Allocation of Funds After September 30, 2005.--
``(1) Allocations to states and tribes.--
``(A) At the beginning of each fiscal year
beginning after September 30, 2005, or as soon
thereafter as practicable, the Secretary shall allocate
the monies appropriated from the fund for that year for
grants to States and Indian tribes under section 405(h)
of this Act. An allocation shall be made to each State
and tribe that is eligible to receive a payment under
section 401(d)(2)(C) of this Act and to each State and
tribe that--
``(i) has an approved abandoned mine
reclamation program under section 405 of this
Act that is not subject to the prohibition in
paragraph (c) of that section;
``(ii) is not certified under section 411
of this Act; and
``(iii) has within its jurisdiction
unreclaimed lands or waters that are eligible
pursuant to section 404 and that meet one of
the priorities stated in paragraphs (1) and (2)
of subsection (a) of this section: Provided,
That, when all States and Indian tribes have
completed or provided for completion of
reclamation of all lands and waters meeting the
priorities in paragraphs (1) and (2) of
subsection (a) of this section, this criterion
will no longer apply.
``(B) In making these allocations, the Secretary
shall use a formula based on historical coal production
prior to August 3, 1977, in those States and tribes:
Provided, That--
``(i) donations received under section
401(b)(3) shall be allocated in accordance with
any stipulations by the donor;
``(ii) no State or Indian tribe shall
receive an allocation of less than $3,000,000
under this paragraph;
``(iii) Tennessee shall receive an
allocation of not less than $3,000,000; and
``(iv) no State or Indian tribe shall
receive an allocation of more than 25 percent
of the total monies appropriated for grants
under section 405(h): Provided further, That
this restriction shall expire when fewer than
eight States are eligible to receive an
allocation under paragraph (1) of this
subsection.
``(C) The amount dedicated by section 401(d)(2)(B)
of this Act to each State or Indian tribe that is not
certified under section 411 of this Act shall be
reduced by the amount allocated to that State or tribe
under this paragraph.
``(D) Amounts allocated to States and Indian tribes
under this paragraph may be used to fund projects that
protect, repair, replace, construct, or enhance
facilities relating to water supply, including water
distribution facilities and treatment plants, to
replace water supplies adversely affected by coal
mining practices. In making funding decisions on these
projects, the State or tribe need not consider the
priorities in subsection (a) of this section. If the
adverse effect on water supplies occurred both prior to
and after August 3, 1977 (or other applicable date
under section 404), section 404 shall not be construed
to prohibit a State or Indian tribe from using funds
under this paragraph if the State or Indian tribe
determines that such adverse effects occurred
predominantly prior to August 3, 1977 (or other
applicable date under section 404).
``(2) Federal expenditures.--To the extent authorized by
annual appropriations, the Secretary may expend monies from the
fund for any of the following purposes--
``(A) providing assistance to small operators under
section 507(c) of this Act, either directly or through
grants to the States, subject to the limitation
contained in section 401(c)(11) of this Act;
``(B) conducting emergency reclamation activities
and projects under section 410 of this Act, either
directly or through grants to the States and Indian
tribes;
``(C) meeting the objectives of the fund set forth
in paragraph (a) of this section for eligible lands and
waters pursuant to section 404 of this Act in States
and on Indian lands where the State or Indian tribe
does not have an approved abandoned mine reclamation
program pursuant to section 405 of this Act;
``(D) the administration of this title of this Act
by the Secretary;
``(E) making supplemental grants to States and
Indian tribes for the purposes of this title of this
Act;
``(F) implementation of section 401(c)(6) of this
Act; and
``(G) conducting other activities consistent with
this title of this Act.'';
(E) in subsection (c), redesignating the first
sentence as paragraph (1), the second and third
sentences as paragraph (2), the fourth sentence as
paragraph (3), and the last sentence as paragraph (4);
and
(F) striking ``section 411(a)'' in paragraph (c)(1)
and inserting in its place ``section 411''.
(14) Section 404 is amended to read as follows:
``SEC. 404. ELIGIBLE LANDS AND WATERS.
``(a) In General.--
``(1) Lands and waters eligible for reclamation or drainage
abatement expenditures under this title of this Act are those
which were mined for coal, or which were affected by such
mining, waste banks, coal processing, or other coal mining
processes, 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. For other provisions relating to lands and waters
eligible for such expenditures, see subsections (b) and (c) of
this section and sections 402(g)(1), 403(b)(1), and 409 of this
Act.
``(2) Surface coal mining operations on lands eligible for
remining shall not affect the eligibility of such lands for
reclamation and restoration under this title of this Act after
the release of the bond or deposit for any such operation as
provided under section 519 of this Act. In the event the bond
or deposit for a surface coal mining operation on lands
eligible for remining is forfeited, funds available under this
title of this Act may be used if the amount of such bond or
deposit is not sufficient to provide for adequate reclamation
or abatement. If conditions warrant, the Secretary, State, or
Indian tribe shall immediately exercise the appropriate
authority under section 410 of this Act.
``(b) Initial Program Sites and Bond Forfeiture Sites With
Insolvent Sureties.--
``(1) Sites of surface coal mining operations conducted
after August 3, 1977, and lands and waters affected by such
operations are also eligible for reclamation or drainage
abatement expenditures under this title of this Act if they
were left in an inadequate reclamation status and if the
Secretary or the State, with the concurrence of the Secretary,
makes either of the following findings:
``(A) A finding that the surface coal mining
operation occurred during the period beginning on
August 3, 1977, and ending on or before the effective
date of the State regulatory program approved by the
Secretary pursuant to section 503 of this Act for the
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) A finding that the surface coal mining
operation occurred during the period beginning on
August 3, 1977, and ending on or before November 5,
1990, and that the surety for the mining operation
became insolvent during that period, and, as of
November 5, 1990, funds immediately available from
proceedings relating to that insolvency, or from any
financial guarantee or other source, are not sufficient
to provide for adequate reclamation or abatement at the
site.
``(2) All sites referred to in paragraph (1) within any
State shall be reclaimed before the State or the Secretary may
make the certification referred to in section 411 of this Act.
``(3) Amounts collected from assessment of civil penalties
under section 518 of this Act are authorized to be appropriated
for the purposes of this subsection.''.
(15) Section 405 is amended by--
(A) in subsection (d), striking ``sections 402 and
410'' and inserting in its place ``sections 402, 414,
and 415'';
(B) in subsection (f), striking paragraph (5) in
its entirety and redesignating paragraphs (6) and (7)
as paragraphs (5) and (6);
(C) in subsection (f)(6), striking the colon after
``grant'' and inserting ``and'' before ``type'';
(D) in subsection (g), striking the colon after
``include'' and inserting ``subsection (f) of'' before
``this section''; and
(E) amending subsection (h) to read as follows:
``(h) Grant of Funds.--
``(1) In general.--Upon approval of the State Reclamation
Plan under this section and of the surface coal mining
regulatory program pursuant to section 503 of this Act, the
Secretary shall grant, on an annual basis, funds to the State
to implement the State reclamation program as approved by the
Secretary.
``(2) Application processing deadline.--Within 60 days of
receipt of a complete abandoned mine reclamation fund grant
application from any eligible State, the Secretary shall grant
to that State any and all funds available for such purposes in
the applicable appropriations Act.
``(3) Disposition of unexpended funds.--Except as provided
in paragraph (5), any funds not expended within 3 years after
the date of any grant award shall be available for reallocation
or expenditure by the Secretary for any purpose under section
403(b) of this Act.
``(4) Source of funds.--In awarding grants to States and
Indian tribes that were not certified under section 411 as of
September 30, 2005, the Secretary shall exhaust the funds
dedicated to those States and tribes in section 401(d)(2)(B)
before awarding any funds allocated to those States and tribes
under section 403(b)(1).
``(5) State set-aside.--Any State with an abandoned mine
reclamation program approved under subsection (d) may retain,
without regard to the 3-year limitation referred to in
paragraph (3), up to 10 percent of the total amount of the
grants awarded annually to the State under paragraph (1),
excluding grants made under the authority of section 403(b)(2),
if those amounts are deposited into either of the following:
``(A) A special trust fund established under State
law that may earn interest and from which the State may
make expenditures solely to achieve the priorities
stated in section 403(a) after the State is no longer
eligible to receive an allocation under section
403(b)(1) of this Act.
``(B) An acid mine drainage abatement and treatment
fund established under State law and from which the
State may make expenditures solely for abatement of the
causes of acid mine drainage and treatment of the
effects of that drainage in a comprehensive manner
within qualified hydrologic units affected by coal
mining practices. Any interest earned by this fund
shall be expended for the purposes of this paragraph.
For purposes of this paragraph, the term `qualified hydrologic
unit' means a hydrologic unit in which water quality has been
significantly affected by acid mine drainage from coal mining
practices in a manner that adversely impacts biological
resources and which contains lands and waters that--
``(i) meet the eligibility requirements of section
404 and at least one of the priorities in paragraphs
(1), (2), and (3) of section 403(a); and
``(ii) either are or are proposed to be the subject
of expenditures by the State from bond forfeiture
proceeds under section 509 of this Act, or from other
State sources, to abate or treat acid mine drainage.
``(6) Priority consideration.--In awarding grants under
this subsection, the Secretary shall give priority
consideration to a State that receives an allocation under
section 403(b) that is determined under clause (ii) or (iii) of
paragraph (2) of that section.''.
(16) Section 406 is amended by--
(A) striking the word ``Soil'' wherever it appears
in subsection (h) and inserting in its place the words
``Natural Resources''; and
(B) adding the following new subsection at the end:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture, from the general fund of
the Treasury, such sums as may be necessary to carry out the provisions
of this section.''.
(17) In section 408(a), the last sentence is amended by
striking ``, in accordance with this subsection, who owned the
surface prior to May 2, 1977, and''.
(18) Section 409 is amended--
(A) in the second sentence of subsection (a), by
striking the second ``the'' before ``governing 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 Reclamation Program.--The
Secretary may propose, and, after opportunity for public comment,
adopt, regulations to require 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
provisions that--
``(1) authorize the State to make the findings required
under subsection (a) of this section; and
``(2) enable the State to conduct emergency reclamation
activities consistent with subsection (b) of this section.''.
(20) Section 411 is amended to read as follows:
``SEC. 411. CERTIFICATION OF COMPLETION OF COAL RECLAMATION.
``(a) The Governor of a State, or the head of a governing body of
an Indian tribe, with an approved abandoned 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 Federal 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 referred 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 inserting 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, commissioners, 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 authorized 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 agreement with
the Secretary providing for reimbursement of any additional expenses
that the Office incurs in connection 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 opportunity 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 otherwise 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 regulatory
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 paragraph (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 assurance 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 subsection
(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 operation on lands eligible for
remining under a permit held by the person making the
application.''; and
(B) striking subsection (e) in its entirety.
(26) Section 515(b)(22)(B) is amended to read as follows:
``(B) the areas of disposal are within either a
bonded permit area or the boundaries of an abandoned
mine land reclamation project approved under title IV
of this Act, and all organic matter shall be removed
immediately prior to spoil placement;''.
(27) Section 701 is amended by--
(A) in paragraph (33), striking ``section 510(e)''
and inserting in its place ``section 510(c)''; and
(B) amending paragraph (34) to read as follows:
``(34) the term `lands eligible for remining' means those
lands eligible for expenditures under section 404 of this
Act.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line