[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1600 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1600

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
reauthorize and reform the Abandoned Mine Reclamation Program, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2005

Mrs. Cubin (for herself, Mr. Rahall, Mr. Shimkus, Mr. Costello, and Mr. 
Ney) 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 and reform the Abandoned Mine Reclamation Program, 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 2005''.

SEC. 2. AMENDMENTS TO SURFACE MINING ACT.

    (a) Amendments to Section 401.--(1) Section 401 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended 
as follows:
            (A) In subsection (c) by striking paragraphs (2) and (6) 
        and redesignating paragraphs (3) through (13) in order as 
        paragraphs (2) through (11).
            (B) In subsection (e)--
                    (i) in the second sentence, by striking ``the needs 
                of such fund'' and inserting ``achieving the purposes 
                of the transfers under section 402(h)''; and
                    (ii) in the third sentence, by inserting before the 
                period the following: ``for the purpose of the 
                transfers under section 402(h).''.
    (2) Section 712(b) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section 
401(c)(11)'' and inserting ``section 401(c)(9)''.
    (b) Amendments to Section 402.--Section 402 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as 
follows:
            (1) In subsection (a)--
                    (A) by striking ``35'' and inserting ``28'';
                    (B) by striking ``15'' and inserting ``12''; and
                    (C) by striking ``10 cents'' and inserting ``8 
                cents''.
            (2) In subsection (b) by striking ``June 30, 2005'' and all 
        that follows through the end of the sentence and inserting 
        ``September 30, 2020.''.
            (3) In subsection (g)(1)(D) by striking ``in any area under 
        paragraph (2), (3), (4), or (5)'' and inserting ``under 
        paragraph (5)''.
            (4) 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 ensure 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).''.
            (5) In subsection (g)(3)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``paragraphs (2) and'' and inserting 
                ``paragraph'';
                    (B) in subparagraph (A) by striking ``401(c)(11)'' 
                and inserting ``401(c)(9)''; and
                    (C) by adding at the end the following:
            ``(E) For the purpose of paragraph (8).''.
            (6) In subsection (g)(5)--
                    (A) by inserting ``(A)'' before the first sentence;
                    (B) in the first sentence by striking ``40'' and 
                inserting ``60'';
                    (C) in the last sentence by striking ``Funds 
                allocated or expended by the Secretary under paragraphs 
                (2), (3), or (4),'' and inserting ``Funds made 
                available under paragraph (3) or (4)''; and
                    (D) by adding at the end the following:
    ``(B) Any amount that is reallocated and available under section 
411(h)(3) shall be in addition to amounts that are allocated under 
subparagraph (A).''.
            (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 receive and retain, without 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 that adversely impacts biological resources; and
            ``(ii) that contains lands and waters that are--
                    ``(I) eligible pursuant to section 404 and include 
                any of the priorities set forth in section 403(a); 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 403(a)(3) 
prior to the completion of reclamation projects under paragraphs (1) 
and (2) of section 403(a) only if the expenditure of funds for such 
reclamation is done in conjunction with the expenditure of funds for 
reclamation projects under paragraphs (1) and (2) of section 403(a).''.
            (9) Subsection (g)(8) is amended to read as follows:
    ``(8) In making the grants referred to in paragraph (1)(C), the 
Secretary, using amounts allocated to a State or Indian tribe under 
subparagraphs (A) or (B) of paragraph (1) or as necessary amounts 
available to the Secretary under paragraph (3), shall assure total 
grant awards of not less than $2,000,000 annually to each State and 
each Indian tribe. Notwithstanding any other provision of law, this 
paragraph applies to the State of Tennessee.''.
    (c) Amendments to Section 403.--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) by striking ``general 
                welfare,'';
                    (B) in paragraph (2) by striking ``health, safety, 
                and general welfare'' and inserting ``health and 
                safety'', and inserting ``and'' after the semicolon at 
                the end;
                    (C) in paragraph (3) by striking the semicolon at 
                the end and inserting a period; and
                    (D) by striking paragraphs (4) and (5).
            (2) In subsection (b)--
                    (A) by striking the heading and inserting ``Water 
                Supply Restoration.--''; and
                    (B) in paragraph (1) by striking ``up to 30 percent 
                of the''.
            (3) In subsection (c) by inserting ``, subject to the 
        approval of the Secretary,'' after ``amendments''.
    (d) Amendment to Section 406.--Section 406(h) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by 
striking ``Soil Conservation Service'' and inserting ``Natural 
Resources Conservation Service''.
    (e) Further Amendment to Section 406.--Section 406 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended 
by adding at the end the following:
    ``(i) There is authorized to be appropriated to the Secretary of 
Agriculture, from amounts in the Treasury other than amounts in the 
fund, such sums as may be necessary to carry out this section.''.
    (f) Amendment to Section 408.--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) Amendments to Section 411.--Section 411 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as 
follows:
            (1) In subsection (a) by inserting ``(1)'' before the first 
        sentence, and by adding at the end the following:
    ``(2) The Secretary may, on the Secretary's own volition, make the 
certification referred to in paragraph (1) on behalf of any State or 
Indian tribe referred to in paragraph (1) 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.''.
            (2) By adding at the end the following:
    ``(h) State Share for Certain Certified States.--(1)(A) From moneys 
referred to in subsection (a) of section 35 of the Mineral Leasing Act 
(30 U.S.C. 191(a)) that are paid into the Treasury after the date of 
the enactment of this subsection and that are not paid to States under 
section 35 of the Mineral Leasing Act or reserved as part of the 
reclamation fund under such section, the Secretary shall pay to each 
qualified State, on a proportional basis, an amount equal to the sum of 
the aggregate unappropriated amount allocated to such qualified State 
under section 402(g)(1)(A).
    ``(B) In this paragraph the term `qualified State' means a State 
for which a certification is made under subsection (a) and in which 
there are public domain lands available for leasing under the Mineral 
Leasing Act (30 U.S.C. 181 et seq.)
    ``(2) Payments to States under this subsection shall be made, 
without regard to any limitation in section 401(d), in the same manner 
as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191) 
and concurrently with payments to States under that section.
    ``(3) The amount allocated to any State under section 402(g)(1)(A) 
that is paid to such State as a result of a payment under paragraph (1) 
of this subsection shall be reallocated and available for grants under 
section 402(g)(5).''.
    (h) Extension of Limitation on Application of Prohibition on 
Issuance of Permit.--Section 510(e) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking 
``2004'' and inserting ``2020''.

SEC. 3. TRANSFERS OF INTEREST EARNED BY ABANDONED MINE RECLAMATION 
              FUND.

    Section 402(h) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232(h)) is amended to read as follows:
    ``(h) Transfers of Interest Earned by Fund.--
            ``(1) In general.--The Secretary shall, as of the beginning 
        of each fiscal year beginning on or after October 1, 2005, and 
        before making any allocation with respect to the fiscal year 
        under subsection (g), use an amount not to exceed the amount of 
        interest that the Secretary estimates will be earned and paid 
        to the fund during the fiscal year to make the transfers 
        described in paragraph (2).
            ``(2) Transfers described.--The transfers referred to in 
        paragraph (1) are the following:
                    ``(A) United mine workers of america combined 
                benefit fund.--A transfer to the United Mine Workers of 
                America Combined Benefit Fund, in an amount equal to 
                the difference between--
                            ``(i) the amount that the trustees of the 
                        Combined Benefit Fund estimate will be expended 
                        from the premium accounts maintained by the 
                        Combined Benefit Fund for the fiscal year of 
                        the fund in which the transfer is made; minus
                            ``(ii) the amount the trustees of the 
                        Combined Benefit Fund estimate the Combined 
                        Benefit Fund will receive during such fiscal 
                        year in required health benefit premiums.
                    ``(B) United mine workers of america 1992 benefit 
                plan.--A transfer to the United Mine Workers of America 
                1992 Benefit Plan, in an amount equal to the difference 
                between--
                            ``(i) the amount that the trustees of the 
                        1992 Benefit Plan estimate will be expended 
                        from the 1992 Benefit Plan during the next 
                        calendar year to provide the benefits required 
                        by the 1992 Benefit Plan on the date of 
                        enactment of this subparagraph; minus
                            ``(ii) the amount that the trustees of the 
                        1992 Benefit Plan estimate the 1992 Benefit 
                        Plan will receive during such calendar year in 
                        required monthly per beneficiary premiums, 
                        including the amount of any security provided 
                        to the 1992 Benefit Plan that is available for 
                        use in the provision of benefits.
                    ``(C) Multiemployer health benefit plan.--A 
                transfer to the multiemployer health benefit plan 
                established after July 20, 1992, by the parties that 
                are the settlors of the 1992 Benefit Plan referred to 
                in subparagraph (B), in an amount equal to the 
                difference between--
                            ``(i) the amount that the trustees of the 
                        multiemployer health benefit plan estimate will 
                        be expended from such plan during the next 
                        calendar year, to provide benefits no greater 
                        than those provided by such plan on the date of 
                        enactment of this subparagraph; minus
                            ``(ii) the amount of income that such 
                        trustees estimate such plan will receive during 
                        such calendar year.
            ``(3) Adjustment.--If, for any fiscal year, the amount of a 
        transfer under subparagraph (A), (B), or (C) of paragraph (2) 
        is more or less than the amount required to be transferred 
        under that subparagraph, the Secretary shall appropriately 
        adjust the amount transferred under that subparagraph for the 
        next fiscal year.
            ``(4) Additional amounts.--
                    ``(A) Previously credited interest.--
                Notwithstanding any other provision of law, any 
                interest credited to the fund that has not previously 
                been transferred to the Combined Benefit Fund referred 
                to in paragraph (2)(A) under this section shall be 
                used--
                            ``(i) to transfer to the Combined Benefit 
                        Fund such amounts as are estimated by the 
                        trustees of the Combined Benefit Fund to offset 
                        the amount of any deficit in net assets in the 
                        Combined Benefit Fund; and
                            ``(ii) to the extent any such interest 
                        remains after the transfer under clause (i), to 
                        make the transfers described in subparagraphs 
                        (A), (B), and (C) of paragraph (2).
                    ``(B) Previously allocated amounts.--All amounts 
                allocated under subsection (g)(2), including interest, 
                before the date of enactment of this subparagraph for 
                the program set forth under section 406, but not 
                appropriated prior to such date, shall be available to 
                the Secretary to make the transfers described in 
                paragraph (2).
            ``(5) Limitations.--
                    ``(A) Availability of funds for next fiscal year.--
                The Secretary may make transfers under subparagraphs 
                (B) and (C) of paragraph (2) for a fiscal year only if 
                the Secretary determines, using actuarial projections 
                provided by the trustees of the Combined Benefit Fund 
                referred to in paragraph (2)(A), that amounts will be 
                available under paragraph (1), after such transfer, for 
                the next fiscal year for making the transfer under 
                paragraph (2)(A).
                    ``(B) Rate of contributions of obligors.--A 
                transfer under paragraph (2)(C) shall not be made for a 
                fiscal year unless the persons that are obligated to 
                contribute to the plan referred to in paragraph (2)(C) 
                on the date of the transfer are obligated to make such 
                contributions at rates that are no less than those in 
                effect on the date of enactment of this subparagraph.
                    ``(C) Number of eligible beneficiaries.--Transfers 
                under paragraph (2)(C) shall not exceed the amount 
                required to provide benefits required by the plan 
                referred to in paragraph (2)(C) to the number of 
                eligible beneficiaries under such plan as of December 
                31, 2005.''.

SEC. 4. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT.

    (a) Transition Rules.--(1) Amounts allocated under section 
402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1232(g)(2)) (excluding interest) prior to the date of enactment 
of this Act for the program set forth under section 406 of that Act (30 
U.S.C. 1236), but not appropriated prior to such date, shall be 
available in fiscal year 2005 and thereafter for the transfers referred 
to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by 
this Act, in the same manner as are other amounts available for such 
transfers.
    (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) that is not transferred to 
the Combined Benefit Fund referred to in section 402(h) of such Act (30 
U.S.C. 1232(h)), as amended by this Act, prior to the date of enactment 
of this Act shall be available in fiscal year 2005 and thereafter for 
the transfers referred to in section 402(h) of such Act (30 U.S.C. 
1232(h)), as amended by this Act, in the same manner as are other 
amounts available for such transfers.
    (b) Inventory.--Within one year after the date of enactment of this 
Act, the Secretary of the Interior shall complete a review of all 
additions made, pursuant to amendments offered by States and Indian 
tribes after 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 ensure that such additions reflect eligible lands 
and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that 
meet the priorities set forth in paragraphs (1) and (2) of section 
403(a) of such Act (30 U.S.C. 1233(a) (1) and (2)), and are correctly 
identified pursuant to such priorities. Any lands or waters that were 
included in the inventory pursuant to the general welfare standard set 
forth in section 403(a) of such Act (30 U.S.C. 1233(a)) before the date 
of enactment of this Act that are determined in the review to no longer 
meet the criteria set forth in paragraphs (1) and (2) of section 403(a) 
of such Act, as amended by this Act, shall be removed from the 
inventory.
                                 <all>