[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 297 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 297

  To foster the reclamation of abandoned coal mine sites in order to 
       protect public health and safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2001

  Mr. Rahall introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To foster the reclamation of abandoned coal mine sites in order to 
       protect public health and safety, and for other purposes.

    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 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.
                                 <all>