II 112th CONGRESS 1st Session S. 1455 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.

1.

Short title

This Act may be cited as the Surface Mining Control and Reclamation Act Amendments Act of 2011.

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. .