[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 961 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 961

  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 SENATE OF THE UNITED STATES

                             April 28, 2005

Mr. Rockefeller 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 
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 Land 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 (b) by striking ``2005'' and all that 
        follows through the end of the sentence and inserting 
        ``2019.''.
            (2) In subsection (g)(1)(D) by striking ``in any area under 
        paragraph (2), (3), (4), or (5)'' and inserting ``under 
        paragraph (5)''.
            (3) Subsection (g)(2) is amended to read as follows:
    ``(2) In making the grants referred to in paragraph (1)(C) and the 
grants referred to in paragraph (5), the Secretary shall 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).''.
            (4) 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).''.
            (5) 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).''.
            (6) 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.''.
            (7) 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).''.
            (8) 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.''.
            (9) Subsection (h) is amended to read as follows:
    ``(h) In General.--(1) In the case of any fiscal year beginning on 
or after October 1, 2004, the Secretary shall, as of the beginning of 
such fiscal year and before any allocation under subsection (g), make 
the transfers provided in paragraph (2).
    ``(2) Amount.--The Secretary shall transfer to the United Mine 
Workers of America Combined Benefit Fund, to the United Mine Workers of 
America 1992 Benefit Plan, and to the multiemployer health benefit plan 
established after July 20, 1992, by the parties that are the settlors 
of the 1992 Plan, for any fiscal year from the interest which the 
Secretary estimates will be earned and paid to the fund during the 
fiscal year an amount equal to the sum of--
            ``(A) the amount described in paragraph 3(A);
            ``(B) the amount described in paragraph 3(B); plus
            ``(C) the amount described in paragraph 3(C).
    ``(3) Limitation.--The aggregate amount which may be transferred 
under paragraph (2) for any fiscal year shall not exceed--
            ``(A) the amount which the trustees of the Combined Fund 
        estimate will be expended from the premium accounts maintained 
        by such Fund for the fiscal year of the Combined Fund in which 
        the transfer is made, less the amount which the trustees 
        estimate the Combined Fund will receive during such fiscal year 
        in required health benefit premiums; plus
            ``(B) the amount which the trustees of the 1992 Plan 
        estimate will be expended from the 1992 Plan during the next 
        calendar year to provide the benefits required by such Plan on 
        the date of enactment of this Act, less the amount which the 
        trustees estimate the 1992 Plan will receive during such 
        calendar year in required monthly per beneficiary premiums, 
        including the amount of any security provided to the 1992 Plan 
        which is available for use in the provision of benefits; plus
            ``(C) the amount which the trustees of the multiemployer 
        health benefit plan established after July 20, 1992, by the 
        parties that are the settlors of the 1992 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, less the amount of 
        income which such trustees estimate such plan will receive 
        during such calendar year.
    ``(4) Adjustment.--If, for any fiscal year, the amount transferred 
to the Combined Fund, or the 1992 Plan, or to the plan described in 
paragraph (3)(C) is more or less than the amount required to be 
transferred, the Secretary shall appropriately adjust the amount 
transferred for the next fiscal year.
    ``(5)(A) The Secretary may make a transfer 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 Fund, 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) A transfer under paragraph (2)(C) shall not be made unless 
the entities that are obligated to contribute to the plan described in 
paragraph 3(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 paragraph.''.
    (c) Amendments to Section 403.--Section 403 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1233) 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(a)), is amended by 
striking ``who owned the surface prior to May 2, 1977, and''.
    (g) Amendments to Section 411.--Section 411(a) of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)) is 
amended--
            (1) by inserting ``(1)'' before the first sentence; and
            (2) 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.''.
    (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 ``2019''.

SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS TITLE.

    (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 2004 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 2004 and thereafter for 
transfer to the Combined Fund, and shall be used, notwithstanding any 
other provision of law, to pay the amount of any deficit in net assets 
in the Combined Fund.
    (b) Inventory.--Within 1 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)), 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>