[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1701 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1701

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
              improve the reclamation of abandoned mines.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2005

 Mr. Thomas (for himself and Mr. Enzi) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Surface Mining Control and Reclamation Act of 1977 to 
              improve the reclamation of abandoned mines.

    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 Land Reclamation 
Reform Act of 2005''.

SEC. 2. ABANDONED MINE RECLAMATION FUND.

    (a) In General.--Section 401(c) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231(c)) is amended--
            (1) by striking paragraphs (2) and (6); and
            (2) by redesignating paragraphs (3) through (5) and (7) 
        through (13) as paragraphs (2) through (11), respectively.
    (b) Conforming Amendment.--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)''.

SEC. 3. RECLAMATION FEE.

    (a) In General.--Section 402 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Any operator of a coal mining operation subject 
to this Act shall pay to the Secretary of the Interior, for deposit in 
the fund--
            ``(1) for coal produced by surface coal mining--
                    ``(A) for the period beginning on July 1, 2006, and 
                ending on October 1, 2009, 32 cents per ton of coal 
                produced;
                    ``(B) for the period beginning on October 1, 2009, 
                and ending on October 1, 2013, 30 cents per ton of coal 
                produced; and
                    ``(C) for the period beginning on October 1, 2013, 
                and ending on October 1, 2016, 28 cents per ton of coal 
                produced;
            ``(2) for coal produced by underground mining--
                    ``(A) for the period beginning on July 1, 2006, and 
                ending on October 1, 2009, 15 cents per ton of coal 
                produced;
                    ``(B) for the period beginning on October 1, 2009, 
                and ending on October 1, 2013, 12 cents per ton of coal 
                produced; and
                    ``(C) for the period beginning on October 1, 2013, 
                and ending on October 1, 2016, 12 cents per ton of coal 
                produced; and
            ``(3) for lignite coal--
                    ``(A) for the period beginning on July 1, 2006, and 
                ending on October 1, 2009, 10 cents per ton of lignite 
                coal produced;
                    ``(B) for the period beginning on October 1, 2009, 
                and ending on October 1, 2013, 8 cents per ton of 
                lignite coal produced; and
                    ``(C) for the period beginning on October 1, 2013, 
                and ending on October 1, 2016, 8 cents per ton of 
                lignite coal produced.'';
            (2) in subsection (b), by striking ``June 30, 2006,'' and 
        all that follows through the end and inserting ``September 30, 
        2016.''; and
            (3) in subsection (g)--
                    (A) in paragraph (1)(D), by striking ``in any area 
                under paragraph (2), (3), (4), or (5)'' and inserting 
                ``under paragraph (4)'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3), (4), (5), (6), 
                (7), and (8) as paragraphs (2), (3), (4), (5), (6), and 
                (7), respectively;
                    (D) in paragraph (2) (as redesignated by 
                subparagraph (C))--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``paragraphs (2) and (5)'' and 
                        inserting ``paragraph (4)'';
                            (ii) in subparagraph (A), by striking 
                        ``401(c)(11)'' and inserting ``401(c)(9)''; and
                            (iii) by adding at the end the following:
                    ``(E) For the purpose of paragraph (7).'';
                    (E) in paragraph (3) (as redesignated by 
                subparagraph (C))--
                            (i) in subparagraph (A), by striking 
                        ``paragraphs (1), (2), and (5) or expended 
                        under paragraph (3)'' and inserting 
                        ``paragraphs (1) and (4) or expended under 
                        paragraph (2)''; and
                            (ii) in subparagraph (E), by striking 
                        ``paragraphs (1) and (5)'' and inserting 
                        ``paragraphs (1) and (4)'';
                    (F) in paragraph (4) (as redesignated by 
                subparagraph (C))--
                            (i) in the first sentence, by striking 
                        ``The Secretary shall allocate 40'' and 
                        inserting ``(A) The Secretary shall allocate 
                        60'';
                            (ii) in the last sentence, by striking 
                        ``Funds allocated or expended by the Secretary 
                        under paragraphs (2), (3), or (4) of this 
                        subsection'' and inserting ``Funds made 
                        available under paragraph (2) or (3)''; and
                            (iii) by adding at the end the following:
                    ``(B) Any amount that is made available under 
                paragraph (8) shall be in addition to amounts that are 
                allocated under subparagraph (A).''; and
                    (G) by striking paragraphs (5), (6), and (7) (as 
                redesignated by subparagraph (C)) and inserting the 
                following:
            ``(5) Abatement of acid mine drainage.--
                    ``(A) Definition of qualified hydrologic unit.--In 
                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 affects biological resources; and
                            ``(ii) that contains land and water that 
                        is--
                                    ``(I) eligible under section 404 
                                and appropriate for the expenditure of 
                                moneys from the fund for the purposes 
                                specified in section 403(a); and
                                    ``(II) the subject of expenditures 
                                by the State from the forfeiture of a 
                                bond filed under section 509 or from 
                                any other State source to abate and 
                                treat acid mine drainage.
                    ``(B) Use of funds for abatement of acid mine 
                drainage.--Any State with an approved abandoned mine 
                reclamation program under section 405 may receive and 
                retain, without regard to the 3-year limitation 
                referred to in paragraph (1)(D), up to 20 percent of 
                the total amount of the grants made annually to the 
                State under paragraphs (1) and (4) if--
                            ``(i) the amount retained is deposited in 
                        an acid mine drainage abatement and treatment 
                        fund established under State law; and
                            ``(ii) the amount deposited under clause 
                        (i) (together with all interest earned on the 
                        amount) is 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.
            ``(6) Certain reclamation projects.--In complying with the 
        priorities specified in section 403(a), any State or Indian 
        tribe may expend amounts available in grants made annually to 
        the State or tribe under paragraphs (1) and (4) for projects 
        for the purpose specified 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 is made in 
        conjunction with the expenditure of funds before, on, or after 
        the date of enactment of the Abandoned Mine Land Reclamation 
        Reform Act of 2005 for reclamation projects under paragraphs 
        (1) and (2) of section 403(a).
            ``(7) Minimum amount.--In making grants referred to in 
        paragraph (1)(C) and in making expenditures under paragraph 
        (2)(C), the Secretary, using amounts allocated to a State or 
        Indian tribe under subparagraph (A) or (B) of paragraph (1), 
        or, as necessary, amounts available to the Secretary under 
        paragraph (2), shall ensure that total grant awards or 
        expenditures of not less than $2,000,000 are made annually to 
        or in each State that has an approved abandoned mine 
        reclamation program under section 405 in effect on June 30, 
        2004, the State of Tennessee, and each Indian tribe.
            ``(8) Payments to states and indian tribes.--
                    ``(A) In general.--The Secretary shall, using 
                amounts allocated in the fund to a State or Indian 
                tribe before October 1, 2006, pay to the State or 
                Indian tribe an amount equal to the sum of the 
                aggregate unappropriated amount allocated to the State 
                or Indian tribe under subparagraph (A) or (B) of 
                paragraph (1) (referred to in this paragraph as the 
                `amount due').
                    ``(B) Schedule.--Payments under subparagraph (A) 
                shall be made in accordance with the following 
                schedule:
                            ``(i) If the amount due to a State or 
                        Indian tribe is less than $2,000,000, the 
                        Secretary shall pay to the State or Indian 
                        tribe the amount due on December 31, 2006.
                            ``(ii) If the amount due to a State or 
                        Indian tribe is $2,000,000 or more but less 
                        than $30,000,000, the Secretary shall pay to 
                        the State or Indian tribe--
                                    ``(I) \1/2\ of the amount due on 
                                December 31, 2006; and
                                    ``(II) \1/2\ of the amount due on 
                                December 31, 2007.
                            ``(iii) If the amount due to a State or 
                        Indian tribe is $30,000,000 or more but less 
                        than $100,0000,000, the Secretary shall pay to 
                        the State or Indian tribe--
                                    ``(I) \1/3\ of the amount due on 
                                December 31, 2006;
                                    ``(II) \1/3\ of the amount due on 
                                December 31, 2007; and
                                    ``(III) \1/3\ of the amount due on 
                                December 31, 2008.
                            ``(iv) If the amount due to a State or 
                        Indian tribe is $100,000,000 or more but less 
                        than $200,0000,000, the Secretary shall pay to 
                        the State or Indian tribe--
                                    ``(I) \1/4\ of the amount due on 
                                December 31, 2006;
                                    ``(II) \1/4\ of the amount due on 
                                December 31, 2007;
                                    ``(III) \1/4\ of the amount due on 
                                December 31, 2008; and
                                    ``(IV) \1/4\ of the amount due on 
                                December 31, 2009.
                            ``(v) If the amount due to a State or 
                        Indian tribe is more than $200,000,000, the 
                        Secretary shall pay to the State or Indian 
                        tribe--
                                    ``(I) \1/5\ of the amount due on 
                                December 31, 2006;
                                    ``(II) \1/5\ of the amount due on 
                                December 31, 2007;
                                    ``(III) \1/5\ of the amount due on 
                                December 31, 2008;
                                    ``(IV) \1/5\ of the amount due on 
                                December 31, 2009; and
                                    ``(V) \1/5\ of the amount due on 
                                December 31, 2010.
                    ``(C) Payments not subject to appropriations.--
                Payments under subparagraph (A) shall not be subject to 
                the availability of appropriations.
                    ``(D) Use of funds.--
                            ``(i) Certified states and indian tribes.--
                                    ``(I) In general.--A State or 
                                Indian tribe that makes a certification 
                                under section 411(a) in which the 
                                Secretary concurs shall use any amounts 
                                provided under this paragraph for the 
                                purposes established by the State 
                                legislature or tribal council of the 
                                Indian tribe, with priority given for 
                                addressing the impacts of mineral 
                                development.
                                    ``(II) Deadline not applicable.--
                                Paragraph (1)(D) shall not apply to 
                                amounts provided under this paragraph 
                                to a State or Indian tribe described in 
                                subclause (I).
                            ``(ii) Uncertified states and indian 
                        tribes.--A State or Indian tribe that has not 
                        made a certification under section 411(a) in 
                        which the Secretary has concurred shall use any 
                        amounts provided under this paragraph for the 
                        purposes described in section 403.''.
    (b) Conforming Amendments.--the Surface Mining Control and 
Reclamation Act of 1977 is amended--
            (1) Section 403(b) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1233(b)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (1) 
                and (5)'' and inserting ``paragraphs (1) and (4)''; and
                    (B) in paragraph (2), by striking ``402(g)(4)(B)'' 
                each place it appears and inserting ``section 
                402(g)(3)(B)'';
            (2) Section 404 of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1234) is amended by striking 
        ``section 402(g)(4)'' and inserting ``section 402(g)(3)''.
            (3) Section 409(b) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1239(b)) is amended by 
        striking ``paragraphs (1) and (5)'' and inserting ``paragraphs 
        (1) and (4)''.
            (4) Section 701(34) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1291(34)) is amended by 
        striking ``section 402(g)(4)'' and inserting ``section 
        402(g)(3)''.

SEC. 4. TEMPORARY FINANCIAL RELIEF.

    Section 402(h) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232(h)) is amended by striking paragraph (1) and 
inserting the following:
    ``(1) Notwithstanding any other provision of law, for fiscal year 
2007 and each fiscal year thereafter, the Secretary of the Interior 
shall, as of the beginning of the fiscal year, use an amount in the 
fund equal to the amount of interest that was paid to the fund during 
the preceding fiscal year and remains unexpended to make the transfers 
under paragraph (2).''.

SEC. 5. COLLECTION OF RECLAMATION FEES BY STATES AND INDIAN TRIBES.

    Section 402 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232) (as amended by section 4) is amended by adding at 
the end the following:
    ``(i) Collection of Reclamation Fees.--
            ``(1) In general.--On the request of the Governor of a 
        State or head of a governing body of an Indian tribe, the 
        Secretary shall enter into an agreement authorizing the State 
        or Indian tribe to collect the fees required under subsection 
        (a) (referred to in this subsection as the `reclamation fees') 
        on or after July 1, 2006.
            ``(2) Payments.--
                    ``(A) In general.--Any operator of a coal mining 
                operation subject to this Act, with respect to coal 
                mined in a State or from land of an Indian tribe that 
                is subject to an agreement entered into under paragraph 
                (1), shall pay to the head of the State agency or 
                Indian tribe that is responsible for collecting revenue 
                from coal mining operators (referred to in this 
                subsection as the `agency head') the reclamation fees.
                    ``(B) Certification.--On receipt of the reclamation 
                fees under subparagraph (A), the agency head shall--
                            ``(i) certify to the Secretary receipt of 
                        the fees;
                            ``(ii) remit \1/2\ of the fees to the 
                        Secretary; and
                            ``(iii) retain \1/2\ of the fees as the 
                        share due to the State or Indian tribe.
                    ``(C) Limitation.--A State or Indian tribe that 
                collects reclamation fees under this subsection is not 
                eligible for an allocation under subparagraph (A) or 
                (B) of section 402(g)(1).
                    ``(D) Use of funds.--Any reclamation fees collected 
                and retained by an agency head under subparagraph (A) 
                shall be used by the State or Indian tribe for the 
                purposes described in section 403.''.

SEC. 6. OBJECTIVES OF FUND.

    Section 403 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1233(a)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``(1) the protection'' and 
                        inserting ``(1)(A) the protection'';
                            (ii) in subparagraph (A) (as designated by 
                        clause (i)), by striking ``general welfare,''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) the restoration of land and water resources 
                and the environment that--
                            ``(i) have been degraded by the adverse 
                        effects of coal mining practices; and
                            ``(ii) are adjacent to a site that has been 
                        remediated under subparagraph (A);''; and
                    (B) in paragraph (2), by striking ``health, safety, 
                and general welfare'' and inserting ``health and 
                safety'';
            (2) in subsection (b)--
                    (A) by striking the subsection heading and 
                inserting ``Water Supply Restoration.--''; and
                    (B) in paragraph (1), by striking ``up to 30 
                percent of the''; and
            (3) in the second sentence of subsection (c), by inserting 
        ``, subject to the approval of the Secretary,'' after 
        ``amendments''.

SEC. 7. RECLAMATION OF RURAL LAND.

    Section 406 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1236) is amended--
            (1) in subsection (h), by striking ``Soil Conservation 
        Service'' and inserting ``Natural Resources Conservation 
        Service''; and
            (2) by adding at the end the following:
                            ``(i) There are authorized to be 
                        appropriated to the Secretary of Agriculture, 
                        from amounts in the Treasury other than amounts 
                        in the fund, such sums as are necessary to 
                        carry out this section.''.

SEC. 8. LIENS.

    Section 408(a) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1238) is amended in the last sentence by striking ``who 
owned the surface prior to May 2, 1977, and''.

SEC. 9. REMINING.

    (a) Incentives.--Title IV of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding 
at the end the following:

``SEC. 415. REMINING INCENTIVES.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary may, after opportunity for public comment, promulgate 
regulations that describe conditions under which amounts in the fund 
may be used to provide incentives to promote remining of eligible land 
under section 404 in a manner that leverages the use of amounts from 
the fund to achieve more reclamation with respect to the eligible land 
than would be achieved without the incentives.
    ``(b) Requirements.--Any regulations promulgated under subsection 
(a) shall specify that the incentives shall apply only if the Secretary 
of the Interior determines, with the concurrence of the State 
regulatory authority referred to in title V, that, without the 
incentives, the eligible land would not be likely to be remined and 
reclaimed.
    ``(c) Incentives.--
            ``(1) In general.--Incentives that may be considered for 
        inclusion in the regulations promulgated under subsection (a) 
        include--
                    ``(A) a rebate or waiver of the reclamation fees 
                required under section 402(a); and
                    ``(B) the use of amounts in the fund to provide 
                financial assurance for remining operations in lieu of 
                all or a portion of the performance bonds required 
                under section 509.
            ``(2) Limitations.--
                    ``(A) Use.--A rebate or waiver under paragraph 
                (1)(A) shall be used only for operations that--
                            ``(i) remove or reprocess abandoned coal 
                        mine waste; or
                            ``(ii) conduct remining activities that 
                        meet the priorities specified in paragraph (1) 
                        or (2) of section 403(a).
                    ``(B) Amount.--The amount of a rebate or waiver 
                provided as an incentive under paragraph (1)(A) to 
                remine or reclaim eligible land shall not exceed the 
                estimated cost of reclaiming the eligible land under 
                this section''.
    (b) Extension of Authority.--Section 510(e) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended in 
the last sentence by striking ``2004'' and inserting ``2015''.

SEC. 10. INTEREST TRANSFERS.

    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 are not transferred to 
the Combined Benefit Fund referred to in section 402(h) of that Act (30 
U.S.C. 1232(h)), before the date of enactment of this Act shall be 
available for fiscal year 2006 and thereafter for the transfers 
referred to in section 402(h)(2) of that Act (30 U.S.C. 1232(h)(2)), in 
the same manner as are other amounts available for the transfers.
                                 <all>