[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4802 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4802

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
    increase the incentives for States and Indian tribes to achieve 
reclamation priorities under that Act with respect to coal mining, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2002

  Mrs. Cubin 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 
    increase the incentives for States and Indian tribes to achieve 
reclamation priorities under that Act with respect to coal mining, 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 ``State and Tribal Mining Reclamation 
Fairness Act of 2002''.

SEC. 2. INCREASED INCENTIVES FOR STATES TO ACHIEVE COAL MINING 
              RECLAMATION PRIORITIES.

    (a) In General.--Section 411 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1240a) is amended by redesignating 
subsections (c) through (g) in order as subsections (d) through (h), 
and inserting after subsection (b) the following:
    ``(c) Incentives for Certification.--
            ``(1) In general.--Effective beginning on the date on which 
        this subsection applies to a State or Indian tribe under 
        paragraph (2)--
                    ``(A) the Secretary shall pay to the State or 
                tribe, without further Act of appropriation, the 
                allocated but unappropriated reclamation fee balance of 
                the State or tribe, respectively;
                    ``(B) the amount of the reclamation fee required to 
                be paid under section 402(a) with respect to coal mined 
                in the State or on lands over which that tribe has 
                jurisdiction, respectively, shall be \1/2\ of the 
                amount that would otherwise apply under that section; 
                and
                    ``(C) the State or tribe, respectively, shall not 
                be eligible for any subsequent allocation under section 
                402(g)(1).
            ``(2) Date of application.--Paragraph (1) shall apply to a 
        State or Indian tribe effective on the earlier of--
                    ``(A) the date of the enactment of the State and 
                Tribal Mining Reclamation Fairness Act of 2002, in the 
                case of a State or tribe with respect to which the 
                Secretary concurred in a State or tribal certification 
                under subsection (a) before that date;
                    ``(B) the date on which the Secretary concurs in a 
                certification by the State or tribe under subsection 
                (a); or
                    ``(C) December 31, 2014.
            ``(3) Use of payment.--A State or Indian tribe shall use 
        any payment under paragraph (1)(A) to make grants to achieve 
        any of the priorities set forth in section 403(a) or subsection 
        (d) of this subsection that remain unmet in the State or on 
        lands under the jurisdiction of the tribe, respectively. Such 
        grants shall be subject to requirements and restrictions that 
        are substantially similar to the requirements and restrictions 
        that apply with respect to grants by the Secretary under 
        section 402(g)(1).
            ``(4) Allocated but unappropriated reclamation fee 
        defined.--In this subsection, the term `allocated but 
        unappropriated reclamation fee' means, with respect to a State 
        or Indian tribe, the difference determined by subtracting--
                    ``(A) the total amount of funds the State or tribe 
                has been allocated annually under section 402(g)(1); 
                from
                    ``(B) the total amount of appropriated funds that 
                has been provided to the State or tribe as grants under 
                section 402(g)(1).''.
    (b) Conforming Amendments.--
            (1) Section 411 of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1241) is further amended--
                    (A) in subsection (f) (as redesignated by 
                subsection (a) of this section) by striking 
                ``subsection (c)'' and inserting ``subsection (d)'';
                    (B) in subsection (g) (as so redesignated) by 
                striking ``subsection (e)'' and inserting ``subsection 
                (f)''; and
                    (C) in subsection (h) (as so redesignated) by 
                striking ``through (e)'' and inserting ``through (f)''.
            (2) Section 402(a) of such Act (30 U.S.C. 1232(a)) is 
        amended--
                    (A) by striking ``All operators'' and inserting 
                ``Subject to section 411(c)(1)(B), all operators''; and
                    (B) by inserting ``before December 31, 2014,'' 
                after ``produced'' each place it appears.
            (3) Section 402(g)(1) of such Act (30 U.S.C. 1232(g)(1)) is 
        amended in the matter preceding subparagraph (A) by inserting 
        ``of this section and section 411(c)(1)(C)'' after ``Except as 
        provided in subsection (h)''.

SEC. 3. AVAILABILITY OF RECLAMATION FEES ALLOCATED TO STATE AND TRIBES.

    Section 401(d) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1231(d)) is amended--
            (1) by striking ``Moneys'' and inserting ``Availability.--
        (1) Except as provided in paragraph (2), moneys''; and
            (2) by adding at the end the following:
    ``(2) There shall be available, without further Act of 
appropriation--
            ``(A) amounts collected after the date of enactment of the 
        State and Tribal Mining Reclamation Fairness Act of 2002 that 
        are allocated under subsection (g)(1); and
            ``(B) amounts required to be paid under section 
        411(c)(1)(A).''.
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