[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3778 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3778

  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

                            February 4, 2004

Mr. Peterson of Pennsylvania (for himself and Mr. Sherwood) 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 2004''.

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, 2004.
                    ``(A) States and indian tribes certified as of 
                september 30, 2004.--States and Indian tribes that have 
                been certified under section 411 of this Act as of 
                September 30, 2004, shall receive, subject to 
                appropriation, the unappropriated balance of their 
                allocation in annual payments beginning with fiscal 
                year 2005 and ending with fiscal year 2014.
                    ``(B) States and indian tribes not certified as of 
                september 30, 2004.--States and Indian tribes that have 
                not been certified under section 411 of this Act as of 
                September 30, 2004, 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, 2004.--States and Indian tribes that are 
                certified under section 411 of this Act after September 
                30, 2004, 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 
                2014. 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, 2004, shall be available for 
                appropriation for the purposes set forth in section 
                403(b) of this Act.
                    ``(B) Federal 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, 
                2004, 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, 2004, 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(a) is amended to read as follows:
    ``(a) Payment; Rate.--All operators of coal mining operations 
subject to the provisions of this Act shall pay to the Secretary of the 
Interior, for deposit in the fund, a reclamation fee according to the 
following schedule:
            ``(1) From October 1, 2004, through September 30, 2009--
                    ``(A) 29.75 cents per ton of coal (except lignite) 
                produced by surface mining;
                    ``(B) 12.75 cents per ton of coal produced by 
                underground mining; and
                    ``(C) 8.5 cents per ton of lignite coal produced.
            ``(2) From October 1, 2009, through September 30, 2014--
                    ``(A) 28 cents per ton of coal (except lignite) 
                produced by surface mining;
                    ``(B) 12 cents per ton of coal produced by 
                underground mining; and
                    ``(C) 8 cents per ton of lignite coal produced.
            ``(3) From October 1, 2014, through September 30, 2018--
                    ``(A) 26.25 cents per ton of coal (except lignite) 
                produced by surface mining;
                    ``(B) 11.25 cents per ton of coal produced by 
                underground mining; and
                    ``(C) 7.5 cents per ton of lignite coal produced.
            ``(4) In lieu of the rates in paragraphs (1) through (3) 
        above, the operator may pay a fee of 10 per cent of the value 
        of the coal at the mine, as determined by the Secretary, for 
        each ton of coal produced by surface or underground mining: 
        Provided, That the alternate fee for lignite coal shall be 2 
        percent of the value of the coal at the mine, as determined by 
        the Secretary.''.
            (9) Section 402(b) is amended by--
                    (A) striking ``Such fee'' and inserting in its 
                place ``Reclamation fees''; and
                    (B) striking ``2004'' and all that follows and 
                inserting in its place ``2018''.
            (10) 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 thirty 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 
        one 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.''.
            (11) 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.''.
            (12) 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).''.
            (13) Section 402(g) is amended by--
                    (A) amending the subsection heading to read 
                ``Allocation of Fee Receipts and Other Monies Prior to 
                September 30, 2004.--''
                    (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 
                September 30, 2004, 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) paragraph (h) in its 
                entirety.
            (14) 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, 2004.--
            ``(1) Allocations to states and tribes.--
                    ``(A) At the beginning of each fiscal year, 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 $2,000,000 
                        under this paragraph; and
                            ``(iii) 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''.
            (15) 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.''.
            (16) 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, 2004, 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--
                    ``(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; or
                    ``(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.''.
            (17) 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.''.
            (18) 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''.
            (19) 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''.
            (20) 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.''.
            (21) 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.''.
            (22) 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.)''.
            (23) Section 413(e) is amended by striking the comma after 
        the word ``agencies''.
            (24) 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.''.
            (25) 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.''.
            (26) 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.
            (27) 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;''.
            (28) 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>