Abandoned Mine Land Reclamation Reform Act of 2005

        [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.
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