[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1455 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1455

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
  authorize certified States and tribes to use amounts made available 
from the Abandoned Mine Reclamation Fund for hard rock and coal mining 
 reclamation projects and to extend liability protection to certified 
     States and Indian tribes carrying out approved abandoned mine 
                         reclamation programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2011

  Mr. Tester 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 
  authorize certified States and tribes to use amounts made available 
from the Abandoned Mine Reclamation Fund for hard rock and coal mining 
 reclamation projects and to extend liability protection to certified 
     States and Indian tribes carrying out approved abandoned mine 
                         reclamation programs.

    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 ``Surface Mining Control and 
Reclamation Act Amendments Act of 2011''.

SEC. 2. AMENDMENTS TO THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 
              1977.

    (a) State Reclamation Program.--Section 405 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1235) is amended in 
subsection (h) by striking ``subsection 402(g)'' and inserting 
``subsections (g) and (i)(2) of section 402''.
    (b) Certification.--Section 411 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1240a) is amended--
            (1) by striking subsection (b) and inserting the 
        following--
    ``(b) Eligible Land, Water, and Facilities.--
            ``(1) In general.--If the Secretary has concurred in a 
        State or tribal certification under subsection (a)--
                    ``(A) section 404 shall not apply; and
                    ``(B) any amounts received by the State or Indian 
                tribe under this title may be used for eligible land, 
                water, and facilities--
                            ``(i) that were--
                                    ``(I) mined or processed for 
                                minerals or affected by such mining or 
                                processing; and
                                    ``(II) abandoned or left in an 
                                inadequate reclamation status before 
                                August 3, 1977; and
                            ``(ii) for which no continuing reclamation 
                        responsibility exists under State or other 
                        Federal laws.
            ``(2) Applicable date for forest service and blm.--In 
        determining the eligibility under this subsection of Federal 
        land, waters, and facilities under the jurisdiction of the 
        Forest Service or Bureau of Land Management, instead of the 
        date referred to in paragraph (1)(B)(i)(II) the applicable date 
        shall be August 28, 1974, and November 26, 1980, 
        respectively.'';
            (2) in subsection (f), by striking ``annual grants made 
        available under section 402(g)(1)'' and inserting ``amounts 
        received under subsections (g) and (i)(2) of section 402''; and
            (3) in subsection (h), by adding at the end the following:
            ``(5) Approved abandoned mine reclamation program.--
                    ``(A) In general.--Any State or Indian tribe that 
                makes a certification under subsection (a) in which the 
                Secretary concurs may use any amounts received under 
                this title to carry out an approved abandoned mine 
                reclamation program in accordance with subsections (b) 
                through (g).
                    ``(B) Liability.--Section 405(l) shall apply to 
                both uncertified and certified States or Indian tribes 
                in carrying out an abandoned mine reclamation program 
                approved under this title.''.
                                 <all>