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Surface Mining Law |
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The text has been proofed against the original 1977 printed version of the Law (typographical errors in the Law were removed). All amending language has been incorporated into the text, with reference to the amending Law following each revised section or subsection. The actual language and complete citation of all laws affecting the Surface Mining Law are considered as amendments for the purposes of this publication irrespective of whether they are designated as amendments in the U.S. Code.
Care has been taken to ensure the corrections of the text and revisions. However, users of this compilation should be aware when citing the Law that the U.S. Code is the only official source.
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PUBLIC LAW 95-87
Surface Mining Control and Reclamation Act of 1977
An unofficial OSM compilation of P.L. 95-87 and all
revisions through December 31, 1993
CONTENTS
TITLE I - STATEMENT OF FINDINGS AND POLICY
101. Findings
102. Purposes
TITLE II - OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
201. Creation of the Office
TITLE III - STATE MINING AND MINERAL RESOURCES AND
RESEARCH INSTITUTES
[Note: As of 1984, Title III is no longer part of SMCRA but a related Act,
the Mining and Mineral Institute Act of 1984.]
301. Authorization of State allotments to institutes
302. Research funds to institutes
303. Funding criteria
304. Duties of the Secretary
305. Autonomy
306. Miscellaneous provisions
307. Center for cataloging
308. Interagency cooperation
309. Committee
310. Eligibility criteria
*. Strategic Resources Generic Mineral Technology Center
*Specific cite was not designated in the Strategic and Critical Minerals Act of 1990.
TITLE IV - ABANDONED MINE RECLAMATION
401. Abandoned Mine Reclamation Fund and Purposes
402. Reclamation fee
403. Objectives of fund
404. Eligible lands and water
405. State reclamation programs
406. Reclamation of rural lands
407. Acquisition and reclamation of land adversely affected by past
coal mining practices
408. Liens
409. Filling voids and sealing tunnels
410. Emergency powers
411. Certification
412. Fund report
413. Miscellaneous powers
414. Interagency cooperation
TITLE V - CONTROL OF THE ENVIRONMENTAL IMPACTS
OF SURFACE COAL MINING
501. Environmental protection standards
*. Abandoned coal refuse sites
502. Initial regulatory procedures
503. State programs
504. Federal programs
505. State laws
506. Permits
507. Application requirements
508. Reclamation plan requirements
509. Performance bonds
510. Permit approval or denial
511. Revision of permits
512. Coal exploration permits
513. Public notice and public hearings
514. Decisions of regulatory authority and appeals
515. Environmental protection performance standards
516. Surface effects of underground coal mining operations
517. Inspections and monitoring
518. Penalties
519. Release of performance bonds or deposits
*Specific cite was not designated in the Energy Policy Act of 1992.
520. Citizen suits
521. Enforcement
522. Designating areas unsuitable for surface coal mining
523. Federal lands
524. Public agencies, public utilities, and public corporations
525. Review by Secretary
526. Judicial review
527. Special bituminous coal mines
528. Surface mining operations not subject to this Act
529. Anthracite coal mines
TITLE VI - DESIGNATION OF LANDS UNSUITABLE
FOR NONCOAL MINING
601. Designation procedures
TITLE VII - ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
701. Definitions
702. Other Federal laws
703. Employee protection
704. Penalty for interference
705. Grants to the States
706. Annual report
707. Severability
708. Alaskan surface coal mine study
709. Study of reclamation standards for surface mining of other minerals
710. Indian lands
711. Experimental practices
712. Authorization of appropriations
713. Coordination of regulatory and inspection activities
714. Surface owner protection
715. Federal lessee protection
716. Alaska coal
717. Water rights and replacement
718. Advance appropriations
719. Certification and training of blasters
720. Subsidence
721. Research
TITLE VIII - UNIVERSITY COAL RESEARCH LABORATORIES
801. Establishment of university coal research laboratories
802. Financial assistance
803. Limitation on payments
804. Payments
805. Advisory Council on Coal Research
806. Authorization of appropriations
TITLE IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS
901. Program authorized
902. Awarding of fellowships
903. Distribution of fellowships
904. Stipends and institutions of higher education allowances
905. Limitation
906. Fellowship conditions
907. Appropriations authorized
908. Research and demonstration projects of alternative coal mining
technologies
AMENDING ACTS
TITLE II - OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
201(b) Compensation of Director to be at level V of
Executive Schedule
201(b) Functions performed by Civil Service Commission
transferred to Director, Office of Personnel
Management
201(e) Consideration of OSMRE as an independent Federal
regulatory agency for purposes of Sections 3502
and 3512 of Title 44 of the United States Code
repealed
TITLE III - STATE MINING AND MINERAL RESOURCES AND
RESEARCH INSTITUTES
301-309 Recodified, with provisions similar to those in
original sections, new Section 310 added
301(a)(1) Allotment of grants authorization period; limitation
301(a)(2)(A) Matching funds requirement
301(b) Research subject
302(a) Research grants authorization period
304, 309,
402, 719,
801, 805 Bureau of Mines redesignated
304(a) Administration
306(c) [306(d) prior to 08/29/84, recodification]
Patent and trademark procedures regarding products
of an institute financed under Pub. L. 95-87 preempted
306(c) "section 3324(a) and (b) of Title 31" substituted for
"section 3684 [3648] of the Revised Statutes
(31 U.S.C. 529)"
306(d) Administrative expenses
309(a)(7) Advisory committee
309(e) Plan update
310(b) Eligibility
Title III Strategic and Critical Minerals Act of 1990
TITLE IV - ABANDONED MINE RECLAMATION
401(b) Sources of deposits
401(c) Use of money
401(c)(1) State regulatory authority underwriting of
subsidence insurance indemnification of private
property authorized and partially funded
401(c)(6) Research
401(c)(11),
(12),(13) Conforming amendments
401(e) Interest
402(b) Due date
402(b) Extension of fee program
402(b) Year 1995 changed to 2004
402(c) Statement
402(d) Audits
402(f) Notice
402(g) Allocation of funds
402(g)(1) Language added: "Except as provided in Subsection (h)"
402(g)(2) "chapter 69 of title 31" substituted for "the Act
of October 20, 1976 Public Law 94-565
(91 Stat. 2662) [30 U.S.C. 1601 et. seq.]"
402(g)(3) State set-aside for future expenditures of up to
ten per centum of annual State funds from the
Abandoned Mine Land Reclamation Fund
402(h) Transfer of funds to Combined Fund
403(a) Priorities
403(a) Paragraph 4 deleted and paragraphs renumbered
403(b) Utilities and other facilities
403(b)(2) Technical amendment
403(c) Inventory
404 Eligible lands and waters
404 Eligibility
405 State reclamation programs
405(b) 60 day-review-period limitation when granting AML
funds to States established
405(k) Approval of Abandoned Mine Land Plans for Navajo,
Hopi and Crow tribes without prior approval of
Title V regulatory program
406(d) Clarification
406(d) Secretary of Agriculture permitted to do experimental
surface mining reclamation of land in hydrologic
units of not more than 25,000 acres
406(i) Repealed
409(a)-(c) Voids and tunnels
410(a) Certification
410(b) Eligible lands, water, and facilities
410(c) Priorities
410(d) Specific sites and areas not eligible
410(e), (f) Utilities and other facilities
410(g) Application of other provisions
411-413 Redesignated as 412, 413 and 414
TITLE V - CONTROL OF THE ENVIRONMENTAL IMPACTS
OF SURFACE COAL MINING
501 Abandoned coal refuse cites
507(b)(14) Cross-sections, maps, or plans submitted with an
application for a surface mining and reclamation
permit required to be prepared by a qualified
engineer, geologist, or land surveyor in any
State which authorizes surveyors to prepare
and certify such maps or plans
507(c) Small operator assistance
507(c) Assistance to small coal operators
507(h) Added: Reimbursement of costs
509 Fiscal year 1988 performance bond forfeitures may be used
to reclaim lands adversely affected by coal mining after
August 3, 1977.
510(e) Modification of prohibition
515(b)(20) Period of Responsibility
518 Fiscal year 1988 through 1993 civil penalty
assessments may be used to reclaim lands adversely
affected by coal mining after August 3, 1977
528 Repeal of two-acre exemption
TITLE VII - ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
701(c) Definitions
701(d) Eligibility
710(i) Added: Grants
712(a), (b) Funding authorization increased for Sections 502,
523, and 710 in FY 1979 and 1980 and for Section
507(c) in FY 1978-80
712(b) Reference
720 Added: Subsidence
721 Added: Research
TITLE VIII - UNIVERSITY COAL RESEARCH LABORATORIES
801(a) Number of university and research laboratories
increased to 13; "Secretary of Energy" substituted
in "Administrator, Energy Research and Development
Administration (herein referred to as
"Administrator" in this title)"
801(b)(1) "Those ten institutions of higher education
designated as provided in subsection (e)"
substituted for "The institution of higher education"
806(a) Appropriations for university coal research
laboratories revised
Title VIII "Secretary of Energy" substituted for "Administrator"
and "Administrator, ERDA"
Title VIII Functions of Administrator of Federal Energy
Administration or Energy Research and Development
Administration transferred to Secretary, Department
of Energy
TITLE IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS
Title IX Functions of Administrator of Federal Energy
Administration or Energy Research and Development
Administration transferred to Secretary, Department
of Energy
Title IX Functions of Assistant Secretary for Education and
Commissioner of Education of Department of Health,
Education, and Welfare transferred to Secretary,
Department of Education
APPROPRIATIONS
Supplemental appropriations for FY 1978
Authorization and appropriation for FY 1979
Appropriation for FY 1980
Appropriation for FY 1981
Partial recision of appropriations for FY 1981
Authorized appropriation limits and exceptions for FY 1981-84
Appropriations for FY 1982
Supplemental appropriation for FY 1982
Continuing appropriations for FY 1983
Further continuing appropriations for FY 1983
Appropriations for FY 1983
Supplemental appropriations for Office of Solicitor regarding
enforcement measure of previously issued cessation orders where
there is no abatement by operator, and supplemental
appropriation and deferral for AML
Appropriations for FY 1984 and limitation on State AML project
administration expenses
Supplemental appropriations for FY 1984 making $42,000,000
available for an AML grant to Pennsylvania to acquire private
homes and businesses in Centrailia
Supplemental appropriations for FY 1984 making $1,000,000
available to Montana through its AML program to reclaim the
Colorado Tailings site
Second supplemental appropriation for FY 1984
Continuing appropriation for FY 1985
Appropriations for FY 1986
Continuing appropriations for FY 1987, 10/18/86
Continuing appropriations for FY 1987, 10/30/86
Supplemental appropriations for FY 1987 amending Sec. 405(k) by
providing for the approval of Navajo, Hopi and Crow Tribe
Abandoned Mine Land Plans without prior approval of Title V
regulatory program
Continuing appropriations for FY 1988
Appropriations for FY 1989
Appropriations for FY 1990
Appropriations for FY 1991
Appropriations for FY 1991
Appropriations for FY 1992
Appropriations for FY 1993
Appropriations for FY 1994
PUBLIC LAW 95-87
Preamble
To provide for the cooperation between the Secretary of the Interior and the States with
respect to the regulation of surface coal mining operations, and the acquisition and
reclamation of abandoned mines, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act may be cited as the "Surface Mining
Control and Reclamation Act of 1977".
TITLE I -- STATEMENT OF FINDINGS AND POLICY
FINDINGS
[30 U.S.C. 1201]
SEC 101. The Congress finds and declares that -
(a) extraction of coal and other minerals from the earth can be accomplished by various
methods of mining, including surface mining;
(b) coal mining operations presently contribute significantly to the Nation's energy
requirements; surface coal mining constitutes one method of extraction of the resource;
the overwhelming percentage of the Nation's coal reserves can only be extracted by
underground mining methods, and it is, therefore, essential to the national interest to
insure the existence of an expanding and economically healthy underground coal mining
industry;
(c) many surface mining operations result in disturbances of surface areas that burden
and adversely affect commerce and the public welfare by destroying or diminishing the
utility of land for commercial, industrial, residential, recreational, agricultural, and
forestry purposes, by causing erosion and landslides, by contributing to floods, by
polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty,
by damaging the property of citizens, by creating hazards dangerous to life and property
by degrading the quality of life in local communities, and by counteracting governmental
programs and efforts to conserve soil, water, and other natural resources;
(d) the expansion of coal mining to meet the Nation's energy needs makes even more
urgent the establishment of appropriate standards to minimize damage to the environment
and to productivity of the soil and to protect the health and safety of the public.
(e) surface mining and reclamation technology are now developed so that effective and
reasonable regulation of surface coal mining operations by the States and by the Federal
Government in accordance with the requirements of this Act is an appropriate and
necessary means to minimize so far as practicable the adverse social, economic, and
environmental effects of such mining operations;
Sec. 101
(f) because of the diversity in terrain, climate, biologic, chemical, and other physical
conditions in areas subject to mining operations, the primary governmental responsibility
for developing, authorizing, issuing, and enforcing regulations for surface mining and
reclamation operations subject to this Act should rest with the States;
(g) surface mining and reclamation standards are essential in order to insure that
competition in interstate commerce among sellers of coal produced in different States will
not be used to undermine the ability of the several States to improve and maintain
adequate standards on coal mining operations within their borders;
(h) there are a substantial number of acres of land throughout major regions of the
United States disturbed by surface and underground coal on which little or no reclamation
was conducted, and the impacts from these unreclaimed lands impose social and
economic costs on residents in nearby and adjoining areas as well as continuing to impair
environmental quality;
(i) while there is a need to regulate surface mining operations for minerals other than
coal, more data and analyses are needed to serve as a basis for effective and reasonable
regulation of such operations;
(j) surface and underground coal mining operations affect interstate commerce,
contribute to the economic well-being, security, and general welfare of the Nation and
should be conducted in an environmentally sound manner; and
(k) the cooperative effort established by this Act is necessary to prevent or mitigate
adverse environmental effects of present and future surface coal mining operations.
PURPOSES
[30 U.S.C. 1202]
SEC. 102. It is the purpose of this Act to -
(a) establish a nationwide program to protect society and the environment from the
adverse effects of surface coal mining operations;
(b) assure that the rights of surface landowners and other persons with a legal interest
in the land or appurtenances thereto are fully protected from such operations;
(c) assure that surface mining operations are not conducted where reclamation as
required by this Act is not feasible;
(d) assure that surface coal mining operations are so conducted as to protect the
environment;
(e) assure that adequate procedures are undertaken to reclaim surface areas as
contemporaneously as possible with the surface coal mining operations;
(f) assure that the coal supply essential to the Nation's energy requirements, and to its
economic and social well-being is provided and strike a balance between protection of the
environment and agricultural productivity and the Nation's need for coal as an essential
source of energy;
(g) assist the States in developing and implementing a program to achieve the purposes
of this Act;
(h) promote the reclamation of mined areas left without adequate reclamation prior to
the enactment of this Act and which continue, in their unreclaimed condition, to
substantially degrade the quality of the environment, prevent or damage the beneficial use
of land or water resources, or endanger the health or safety of the public;
(i) assure that appropriate procedures are provided for the public participation in the
development, revision, and enforcement of regulations, standards, reclamation plans, or
programs established by the Secretary or any State under this Act;
(j) provide a means for development of the data and analyses necessary to establish
effective and reasonable regulation of surface mining operations for other minerals;
(k) encourage the full utilization of coal resources through the development and
application of underground extraction technologies;
(l) stimulate, sponsor, provide for and/or supplement present programs for the conduct
of research investigations, experiments, and demonstrations, in the exploration,
extraction, processing, development, and production of minerals and the training of
mineral engineers and scientists in the field of mining, minerals resources, and
technology, and the establishment of an appropriate research and training center in
various States; and
(m) wherever necessary, exercise the full reach of Federal constitutional powers to
insure the protection of the public interest through effective control of surface coal mining
operations.
TITLE II -- OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
CREATION OF THE OFFICE
[30 U.S.C. 1211]
SEC. 201. (a) There is established in the Department of the Interior, the
Office of Surface Mining Reclamation and Enforcement (hereinafter referred to as the
"Office").
(b) The Office shall have a Director who shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be compensated at the rate provided
for level V of the Executive Schedule under section 5316 of the United States Code, and
such other employees as may be required. Pursuant to section 5108, title 5, and after
consultation with the Secretary, the Director of the Office of Personnel Management shall
determine the necessary number of positions in general schedule employees in grade 16,
17, and 18 to perform functions of this title and shall allocate such positions to the
Secretary. The Director shall have the responsibilities provided under subsection (c) of
this section and those duties and responsibilities relating to the functions of the Office
which the Secretary may assign, consistent with this Act. Employees of the Office shall
be recruited on the basis of their professional competence and capacity to administer the
provisions of this Act. The Office may use, on a reimbursable basis when appropriate,
employees of the Department and other Federal agencies to administer the provisions of
this Act, providing that no legal authority, program, or function in any Federal agency
which has as its purpose promoting the development or use of coal or other mineral
resources or regulating the health and safety of miners under provisions of the Federal
Coal Mine Health and Safety Act of 1969 (83 Stat. 742), shall be transferred to the
Office.
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Note: Subsection 201(b) amended March 7 and May 23, 1978.
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(c) The Secretary, acting through the Office, shall --
(1) administer the programs for controlling surface coal mining operations
which are required by this Act; review and approve or disapprove State programs for
controlling surface coal mining operations and reclaiming abandoned mine lands; make
those investigations and inspections necessary to insure compliance with this Act; conduct
hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and
production of written or printed material as provided for in this Act; issue
cease-and-desist orders; review and vacate or modify or approve orders and decisions;
and order the suspension, revocation, or withholding of any permit for failure to comply
with any of the provisions of this Act or any rules and regulations adopted pursuant
thereto;
(2) publish and promulgate such rules and regulations as may be necessary to
carry out the purposes and provisions of this Act;
(3) administer the State grant-in-aid program for the development of State
programs for surface and mining and reclamation operations provided for in Title V of
this Act;
(4) administer the program for the purchase and reclamation of abandoned and
unreclaimed mined areas pursuant to title IV of this Act;
(5) administer the surface mining and reclamation research and demonstration
project authority provided for in this Act;
(6) consult with other agencies of the Federal Government having expertise in
the control and reclamation of surface mining operations and assist States, local
governments, and other eligible agencies in the coordination of such programs;
(7) maintain a continuing study of surface mining and reclamation operations
in the United States;
(8) develop and maintain an Information and Data Center on Surface Coal
Mining, Reclamation, and Surface Impacts of Underground Mining, which will make
such data available to the public and the Federal, regional, State, and local agencies
conducting or concerned with land use planning and agencies concerned with surface and
underground mining and reclamation operations;
(9) assist the States in the development of State programs for surface coal
mining and reclamation operations which meet the requirements of the Act, and at the
same time, reflect local requirements and local environmental and agricultural conditions;
(10) assist the States in developing objective scientific criteria and appropriate
procedures and institutions for determining those areas of a State to be designated
unsuitable for all or certain types of surface coal mining pursuant to section 522;
(11) monitor all Federal and State research programs dealing with coal
extraction and use and recommend to Congress the research and demonstration projects
and necessary changes in public policy which are designated to (A) improve feasibility of
underground coal mining, and (B) improve surface mining and reclamation techniques
directed at eliminating adverse environmental and social impacts;
(12) cooperate with other Federal agencies and State regulatory authorities to
minimize duplication of inspections, enforcement, and administration of this Act; and
(13) perform such other duties as may be provided by law and relate to the
purposes of this Act.
(d) The Director shall not use either permanently or temporarily any person charged
with responsibility of inspecting coal mines under the Federal Coal Mine Health and
Safety Act of 1969, unless he finds and publishes such finding in the Federal Register,
that such activities would not interfere with such inspections under the 1969 Act. Sec. 201
(e) [Repealed.]
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Note: Subsection 201(e) amended December 11, 1980.
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(f) No employee of the Office or any other Federal employee performing any
function or duty under this Act shall have a direct or indirect financial interest in
underground or surface coal mining operations. Whoever knowingly violates the
provisions of the above sentence shall, upon conviction, be punished by a fine of not more
than $2,500, or by imprisonment for not more than one year, or both. The Director shall
(1) within sixty days after enactment of this Act publish regulations, in accordance with
section 553 of title 5, United States Code, to establish the methods by which the
provisions of this subsection will be monitored and enforced, including appropriate
provisions for the filing by such employees and the review of statements and supplements
thereto concerning their financial interests which may be affected by this subsection, and
(2) report to the Congress as part of the annual report (section 706) on the actions taken
and not taken during the preceding calendar year under this subsection.
(g)(1) After the Secretary has adopted the regulations required by section 501 of this
Act, any person may petition the Director to initiate a proceeding for the issuance,
amendment, or repeal of a rule under this Act.
(2) Such petitions shall be filed in the principal office of the Director and shall
set forth the facts which it is claimed established that it is necessary to issue, amend, or
repeal a rule under this Act.
(3) The Director may hold a public hearing or may conduct such investigation
or proceeding as the Director deems appropriate in order to determine whether or not
such petition should be granted.
(4) Within ninety days after filing of a petition described in paragraph (1), the
Director shall either grant or deny the petition. If the Director grants such petition, the
Director shall promptly commence an appropriate proceeding in accordance with the
provisions of this Act. If the Director denies such petition, the Director shall so notify the
petitioner in writing setting forth the reasons for such denial.
TITLE III -- STATE MINING AND MINERAL RESOURCES AND
RESEARCH INSTITUTES
[30 U.S.C. 1221]
AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES
[98 STAT. 1536]
[Note: As of 1984, Title III is no longer part of SMCRA but a related Act,
the Mining and Mineral Institute Act of 1984.]
SEC. 301. (a)(1) There are authorized to be appropriated to the Secretary
of the Interior (hereafter in this Act referred to as the "Secretary") funds adequate to
provide for each participating State $400,000 for each of the fiscal years ending
September 30, 1990, through September 30, 1994, to assist the States in carrying on the
work of a competent and qualified mining and mineral resources research institute or
center (hereafter in this Act referred to as the "institute") at one public college or
university in the State which meets the eligibility criteria established in section 310.
(2)(A) Funds appropriated under this section shall be made available for grants
to be matched on a basis of no less than 2 non-Federal dollars for each Federal dollar.
(B) If there is more than one such eligible college or university in a State,
funds appropriated under this Act shall, in the absence of a designation to the contrary by
act of the legislature of the State, be granted to one such college or university designated
by the Governor of the State.
(C) Where a State does not have a public college or university eligible
under section 310, the Committee on Mining and Mineral Resources Research established
in section 309 (hereafter in this Act referred to as the "Committee") may allocate the
State's allotment to one private college or university which it determines to be eligible
under such section.
(b) It shall be the duty of each institute to plan and conduct, or arrange for a component
or components of the college or university with which it is affiliated to conduct research,
investigations, demonstrations, and experiments of either, or both, a basic or practical
nature in relation to mining and mineral resources, and to provide for the training of
mineral engineers and scientists through such research, investigations, demonstrations,
and experiments. The subject of such research, investigation, demonstration, experiment,
and training may include exploration; extraction; processing; development; production of
fuel and nonfuel mineral resources; mining and mineral technology; supply and demand
for minerals; conservation and best use of available supplies of minerals; the economic,
legal social, engineering, recreational, biological, geographic, ecological, and other
aspects of mining, mineral resources, and mineral reclamation. Such research,
investigation, demonstration, experiment, and training shall consider the interrelationship
with the Sec. 301
natural environment, the varying conditions and needs to the respective States, and
mining and mineral resources research projects being conducted by agencies of the
Federal and State governments and other institutes.
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Note: Section 301 amended August 29, 1984 and October 12, 1988.
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RESEARCH FUNDS TO INSTITUTES
[98 STAT. 1537]
[30 U.S.C. 1222]
SEC. 302. (a) There is authorized to be appropriated to the Secretary not
more than $15,000,000 for each of the fiscal years ending September 30, 1990, through
September 30, 1994, which shall remain available until expended. Such funds when
appropriated shall be made available to an institute or to institutes participating in a
generic mineral technology center to meet the necessary expenses for purposes of --
(1) specific mineral research and demonstration projects of broad application,
which could not otherwise be undertaken, including the expenses of planning and
coordinating regional mining and mineral resources research projects by two or more
institutes; and
(2) research into any aspects of mining and mineral resources problems related
to the mission of the Department of the Interior, which are deemed by the Committee to
be desirable and are not otherwise being studied.
(b) Each application for funds under subsection (a) of this section shall state, among
other things, the nature of the project to be undertaken; the period during which it will be
pursued; the qualifications of the personnel who will direct and conduct it; the estimated
costs; the importance of the project to the Nation, region, or State concerned; its relation
to other known research projects theretofore pursued or being pursued; the extent to
which the proposed project will provide opportunity for the training of mining and
mineral engineers and scientists; and the extent of participation by nongovernmental
sources in the project.
(c) The Committee shall review all such funding applications and recommend to the
Secretary the use of the institutes, insofar as practicable, to perform special research.
Recommendations shall be made without regard to the race, religion, or sex of the
personnel who will conduct and direct the research, and on the basis of the facilities
available in relation to the particular needs of the research project; special geographic,
geologic, or climatic conditions within the immediate vicinity of the institute; any other
special requirements of the research project; and the extent to which such project will
provide an opportunity for training individuals as mineral engineers and scientists. The
Committee shall recommend to the Secretary the designation and utilization of such
portions of the funds authorized to be appropriated by this section as it deems appropriate
for the purpose of providing scholarships, graduate
fellowships, and postdoctoral fellowships.
(d) No funds shall be made available under subsection (a) of this section except for a
project approved by the Secretary and all funds shall be made available upon the basis of
merit of the project, the need for the knowledge which it is expected to produce when
completed, and the opportunity it provides for the training of individuals as mineral
engineers and scientists.
(e) No funds made available under this section shall be applied to the acquisition by
purchase or lease of any land or interests therein, or the rental, purchase, construction,
preservation, or repair of any building.
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Note: Section 302 amended August 29, 1984 and October 12, 1988.
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FUNDING CRITERIA
[98 STAT. 1538]
[30 U.S.C. 1223]
SEC. 303. (a) Funds available to institutes under sections 301 and 302
of this Act shall be paid at such times and in such amounts during each fiscal year as
determined by the Secretary, and upon vouchers approved by him. Each institute shall --
(1) set forth its plan to provide for the training of individuals as mineral
engineers and scientists under a curriculum appropriate to the field of mineral resources
and mineral engineering and related fields;
(2) set forth policies and procedures which assure that Federal funds made
available under this Act for any fiscal year will supplement and, to the extent practicable,
increase the level of funds that would, in the absence of such Federal funds, be made
available for purposes of this Act, and in no case supplant such funds; and
(3) have an officer appointed by its governing authority who shall receive and
account for all funds paid under the provisions of this Act and shall make an annual report
to the Secretary on or before the first day of September of each year, on work
accomplished and the status of projects underway, together with a detailed statement of
the amounts received under any provisions of this Act during the preceding fiscal year,
and of its disbursements on schedules prescribed by the Secretary.
If any of the funds received by the authorized receiving officer of any institute under the
provisions of this Act shall by any action or contingency be found by the Secretary to
have been improperly diminished, lost, or misapplied, such funds shall be replaced by the
State concerned and until so replaced no subsequent appropriation shall be allotted or
paid to any institute of such State.
(b) The institutes are authorized and encouraged to plan and conduct programs
under this Act in cooperation with each other and with such other agencies and
individuals as may contribute to the solution of the mining and mineral resources
problems involved. Moneys appropriated pursuant to this Act shall be available for
paying the necessary expenses of planning, coordinating, and conducting such
cooperative research.
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Note: Section 303 amended August 29, 1984.
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DUTIES OF THE SECRETARY
[98 STAT. 1538]
[30 U.S.C. 1224]
SEC. 304. (a) The Secretary, acting through the Director of the United
States Bureau of Mines, shall administer this Act and, after full consultation with other
interested Federal agencies, shall prescribe such rules and regulations as may be
necessary to carry out its provisions. The Secretary shall furnish such advice and
assistance as will best promote the purposes of this Act, shall participate in coordinating
research initiated under this Act by the institutes, shall indicate to them such lines of
inquiry that seem most important, and shall encourage and assist in the establishment and
maintenance of cooperation by and between the institutes and between them and other
research organizations, the United States Department of the Interior, and other Federal
establishments.
(b) On or before the first day of July in each year beginning after the date of
enactment of this Act, the Secretary shall ascertain whether the requirements of section
303(a) have been met as to each institute and State.
(c) The Secretary shall make an annual report to the Congress of receipts,
expenditures, and work of the institutes in all States under the provisions of this Act. The
Secretary's report shall indicate whether any portion of an appropriation available for
allotment to any State has been withheld and, if so, the reason therefor.
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Note: Section 304 amended August 29, 1984 and October 12, 1988 and May 18, 1992.
---------------------------------------------------------------------------------------------------------
AUTONOMY
[98 STAT.1539]
[30 U.S.C. 1225]
SEC. 305. Nothing in this Act shall be construed to impair or modify
the legal relationship existing between any of the colleges or universities under
whose direction an institute is established and the government of the State in which it is
located, and nothing in this Act shall in any way be construed to authorize Federal control
or direction of education at any college or university.
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Note: Section 305 amended August 29, 1984.
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MISCELLANEOUS PROVISIONS
[98 STAT. 1539]
[30 U.S.C. 1201]
SEC. 306. (a) The Secretary shall obtain the continuing advice and
cooperation of all agencies of the Federal Government concerned with mining and
mineral resources, of State and local governments, and of private institutions and
individuals to assure that the programs authorized by this Act will supplement and not be
redundant with respect to established mining and minerals research programs, and to
stimulate research in otherwise neglected areas, and to contribute to a comprehensive
nationwide program of mining and minerals research, with due regard for the protection
and conservation of the environment. The Secretary shall make generally available
information and reports on projects completed, in progress, or planned under the
provisions of this Act, in addition to any direct publication of information by the institutes
themselves.
(b) Nothing in this Act is intended to give or shall be construed as giving the
Secretary any authority over mining and mineral resources research conducted by any
agency of the Federal Government, or as repealing or diminishing existing authorities or
responsibilities of any agency of the Federal Government to plan and conduct, contract
for, or assist in research in its area of responsibility and concern with regard to mining
and mineral resources.
(c) No research, demonstration, or experiment shall be carried out under this Act by
an institute financed by grants under this Act, unless all uses, products, processes, patents,
and other developments resulting therefrom, with such exception or limitation, if any, as
the Secretary may find necessary in the public interest, are made available promptly to the
general public. Patentable inventions shall be governed by the provisions of Public Law
96-517. Nothing contained in this section shall deprive
the owner of any background patent relating to any such activities of any rights which that
owner may have under that patent.
(d)(1) There is authorized to be appropriated to the Secretary $450,000 for each of
the fiscal years ending September 30, 1990, through September 30, 1994, to administer
this Act. No funds may be withheld by the Secretary for administrative expenses from
those authorized to be appropriated by sections 1 and 2 of this Act.
(2) There are authorized to be appropriated to the Secretary such sums as are
necessary for the printing and publishing of the results of activities carried out by
institutes and generic mineral technology centers under this Act, but such appropriations
shall not exceed $550,000 in any single fiscal year.
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Note: Section 306 amended August 29, 1984 and October 12, 1988.
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CENTER FOR CATALOGING
[98 STAT. 1540]
[30 U.S.C. 1227]
SEC. 307. The Secretary shall establish a center for cataloging current
and projected scientific research in all fields of mining and mineral resources. Each
Federal agency doing mining and mineral resources research shall cooperate by
providing the cataloging center with information on work underway or scheduled by it.
The cataloging center shall classify and maintain for public use a catalog of mining and
mineral resources research and investigation projects in progress or scheduled by all
Federal agencies and by such non-Federal agencies of government, colleges, universities,
private institutions, firms, and individuals as may make such information available.
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Note: Section 307 amended August 29, 1984.
----------------------------------------------------------------------------------------------------------
INTERAGENCY COOPERATION
[98 STAT. 1540]
[30 U.S.C. 1228]
SEC. 308. The President shall, by such means as he deems appropriate,
clarify agency responsibility for Federal mining and mineral resources research and
provide for interagency coordination of such research, including the research authorized
by this Act. Such coordination shall include --
(1) continuing review of the adequacy of the Government-wide program in
mining and mineral resources research;
(2) identification and elimination of duplication and overlap between agency
programs;
(3) identification of technical needs in various mining and mineral resources
research categories;
(4) recommendations with respect to allocation of technical effort among
Federal agencies;
(5) review of technical manpower needs, and findings concerning management
policies to improve the quality of the Government-wide research effort; and
(6) actions to facilitate interagency communication at management levels.
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Note: Section 308 amended August 29, 1984.
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COMMITTEE
[98 STAT. 1540]
[30 U.S.C. 1229]
SEC. 309. (a) The Secretary shall appoint a Committee on Mining and
Mineral Resources Research composed of --
(1) the Assistant Secretary of the Interior responsible for minerals and mining
research, or his delegate;
(2) the Director, United States Bureau of Mines, or his delegate;
(3) the Director, United States Geological Survey, or his delegate;
(4) the Director of the National Science Foundation, or his delegate;
(5) the President, National Academy of Sciences, or his delegate;
(6) the President, National Academy of Engineering, or his delegate; and
(7) not more than 7 other persons who are knowledgeable in the fields of
mining and mineral resources research, including two university administrators involved
in the conduct of programs authorized by this Act, 3 representatives from the mining
industry, a working miner, and a representative from the conservation community. In
making these 7 appointments, the Secretary shall consult with interested groups.
(b) The Committee shall consult with, and make recommendations to, the Secretary
on all matters relating to mining and mineral resources research and the determinations
that are required to be made under this Act. The Secretary shall consult with, and
consider recommendations of, such Committee in such matters.
(c) Committee members, other than officers or employees of Federal, State, or local
governments, shall be, for each day (including travel time) during which they are
performing Committee business, paid at a rate fixed by the Secretary but not excess of the
daily equivalent of the maximum rate of pay for grade GS-18 of the Sec. 309
General Schedule under section 5332 of title 5 of the United States Code, and shall be
fully reimbursed for travel, subsistence, and related expenses.
(d) The Committee shall be jointly chaired by the Assistant Secretary of the Interior
responsible for minerals and mining and a person to be elected by the Committee from
among the members referred to in paragraphs (5), (6), and (7) of subsection (a) of this
section.
(e) The Committee shall develop a national plan for research in mining and mineral
resources, considering ongoing efforts in the universities, the Federal Government, and
the private sector, and shall formulate and recommend a program to implement the plan
utilizing resources provided for under this Act. The Committee shall submit such plan to
the Secretary, the President, and the Congress on or before
March 1, 1986, and shall submit an annual update of such plan by January 15 of each
calendar year.
(f) Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
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Note: Section 309 amended August 29, 1984 and October 12, 1988 and May 18, 1992.
---------------------------------------------------------------------------------------------------------
ELIGIBILITY CRITERIA
[98 STAT. 1541]
[30 U.S.C. 1230]
SEC. 310. (a) The Committee shall determine the eligibility of a college
or university to participate as a mining and mineral resources research institute under this
Act using criteria which include --
(1) the presence of a substantial program of graduate instruction and research
in mining or mineral extraction or closely related fields which has a demonstrated history
of achievement;
(2) evidence of institutional commitment for the purposes of this Act; and
(3) evidence that such institution has or can obtain significant industrial
cooperation in activities within the scope of this Act; and
(4) the presence of an engineering program in mining or minerals extraction
that is accredited by the Accreditation Board for Engineering and Technology, or
evidence of equivalent institutional capability as determined by the Committee.
(b)(1) Notwithstanding the provisions of subsection (a), those colleges or
universities which, on the date of enactment of the Mining and Mineral Resources
Research Institute Amendments of 1988, have a mining or mineral resources research
institute program which has been found to be eligible pursuant to this Act shall continue
to be eligible subject to review at least once during the period authorized by
the Mining and Mineral Resources Research Institute Amendments of 1988, under the
provisions of subsection (a). The results of such review shall be submitted by January 15,
1992, pursuant to section 11(a)(2) of the Mining and Mineral Resources Research
Institute Amendments of 1988.
(2) Generic mineral technology centers established by the Secretary under this
Act are to be composed of institutes eligible pursuant to subsection (a). Existing generic
mineral technology centers shall continue to be eligible under this Act subject to at least
one review prior to January 15, 1992, pursuant to section 11(a)(3) of the Mining and
Mineral Resources Research Institute Amendments of 1988.
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Note: Section 310 added August 29, 1984 and October 12, 1988.
----------------------------------------------------------------------------------------------------------
STRATEGIC RESOURCES GENERIC MINERAL TECHNOLOGY CENTER
[104 Stat. 1207]
[30 U.S.C. 1230a]
(a) The Secretary of the Interior is authorized and directed to
establish a Strategic Resources Mineral Technology Center (hereinafter referred to as the
"center") for the purpose of improving existing, and developing new, technologies that
will decrease the dependance of the United States on supplies of strategic and critical
minerals.
(b) The center shall --
(1) provide for studies and technology development in the areas of mineral
extraction and refining processes, product substitution and conservation of mineral
resources through recycling and advanced processing and fabrication methods;
(2) identify new deposits of strategic and critical mineral resources; and
(3) facilitate the transfer of information, studies, and technologies developed
by the center to the private sector.
(c) The Secretary shall establish the center referred to in subsection (a) of this section
at a university that --
(1) does not currently host a generic mineral technology center;
(2) has established advanced degree programs in geology and geological
engineering, and metallurgical and mining engineering;
(3) has expertise in materials and advanced processing research; and
(4) is located west of the 100th meridian.
(d) There is authorized to be appropriated such sums as may be necessary to carry out
this section.
TITLE IV -- ABANDONED MINE RECLAMATION
ABANDONED MINE RECLAMATION FUND AND PURPOSES
[30 U.S.C. 1231]
SEC. 401. (a) There is created on the books of the Treasury of the
United States a trust fund to be known as the Abandoned Mine Reclamation Fund
(hereinafter referred to as the "fund") which shall be administered by the Secretary of the
Interior. State abandoned mine reclamation funds (State funds) generated by grants from
this title shall be established by each State pursuant to an approved State program.
(b) The fund shall consist of amounts deposited in the fund, from time to time derived
from --
(1) the reclamation fees levied under section 402;
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Note: Subsection 401(b)(1) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(2) any user charge imposed on or for land reclaimed pursuant to this title,
after expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the
purposes of this title;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(b)(3) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(4) recovered moneys as provided for in this title; and
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(b)(4) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(5) interest credited to the fund under subsection (e).
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(b)(5) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(c) Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources adversely affected
by past coal mining, including but not limited to reclamation and restoration of
abandoned surface mine areas, abandoned coal processing areas, and abandoned coal
refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting
of land adversely affected by past coal mining to prevent erosion and sedimentation;
prevention, abatement, treatment, and control of water pollution created by coal mine
drainage including restoration of stream beds, and construction and operation of water
treatment plants; prevention, abatement, and control of burning Sec. 401
coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of
coal mine subsidence; and establishment of self-sustaining, individual State administered
programs to insure private property against damages caused by land subsidence resulting
from underground coal mining in those States which have reclamation plans approved in
accordance with section 503 of this Act: Provided, That funds used for this purpose shall
not exceed $3,000,000 of the funds made available to any State under section 402(g)(1)
of this Act;
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Note: Subsection 401(c)(1) amended October 12, 1984 and November 5, 1990.
----------------------------------------------------------------------------------------------------------
(2) for transfer on an annual basis to the Secretary of Agriculture for use under
section 406;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(c)(2) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(3) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under section 409;
(4) acquisition of land as provided for in this title;
(5) enforcement and collection of the reclamation fee provided for in section
402 of this title;
(6) studies, research, and demonstration projects by the Department of the
Interior to such extent or in such amounts as are provided in appropriation Acts with
public and private organizations, conducted in accordance with section 3501 of the
Omnibus Budget Reconciliation Act of 1986 conducted for the purposes of this title;
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Note: Subsection 401(c)(6) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(7) restoration, reclamation, abatement, control, or prevention of adverse
effects of coal mining which constitutes an emergency as provided for in this title;
(8) grants to the States to accomplish the purposes of this title;
(9) administrative expenses of the United States and each State to accomplish
the purposes of this title;
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Note: Subsection 401(c)(9) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(10) for use under section 411;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401 (c)(10) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(11) for the purpose of section 507(c), except that not more than $10,000,000
shall annually be available for such purpose;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401 (c)(11) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(12) for the purpose described in section 402(h); and
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(c)(12) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(13) all other necessary expenses to accomplish the purposes of this title.
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(c)(13) renumbered from (12) October 24, 1992.
----------------------------------------------------------------------------------------------------------
(d) Moneys from the fund shall be available for the purposes of this title, only when
appropriated therefor, and such appropriations shall be made without fiscal year
limitations.
(e) The Secretary of the Interior shall notify the Secretary of the Treasury as to what
portion of the fund is not, in his judgement, required to meet current withdrawals. The
Secretary of the Treasury shall invest such portion of the fund in public debt securities
with maturities suitable for the needs of such fund and bearing interest at rates determined
by the Secretary of the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable maturities. The
income on such investments shall be credited to, and form a part of, the fund.
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(e) added November 5, 1990.
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RECLAMATION FEE
[30 U.S.C. 1232]
SEC. 402. (a) All operators of coal mining operations subject to the
provisions of this Act shall pay to the Secretary of the Interior, for deposit in the fund, a
reclamation fee of 35 cents per ton of coal produced by surface coal mining and 15 cents
per ton of coal produced by underground mining or 10 per centum of the value of the coal
at the mine, as determined by the Secretary, whichever is less, except that the reclamation
fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine,
or 10 cents per ton, whichever is less.
(b) Such fee shall be paid no later than thirty days after the end of each calendar
quarter beginning with the first calendar quarter occurring after the date of enactment of
this Act, and ending September 30, 2004, after which time the fee shall be Sec. 402
established at a rate to continue to provide for the deposit referred to in subsection (h).
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Note: Subsection 402(b) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(c) Together with such reclamation fee, all operators of coal mine operations shall
submit a statement of the amount of coal produced during the calendar quarter, the
method of coal removal and the type of coal, the accuracy of which shall be sworn to by
the operator and notarized. Such statement shall include an identification of the permittee
of the surface coal mining operation, any operator in addition to the permittee, the owner
of the coal, the preparation plant, tipple, or loading point for the coal, and the person
purchasing the coal from the operator. The report shall also specify the number of the
permit required under section 506 and the mine safety and health identification number.
Each quarterly report shall contain a notification of any changes in the information
required by this subsection since the date of the preceding quarterly report. The
information contained in the quarterly reports under this subsection shall be maintained
by the Secretary in a computerized database.
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(c) amended November 5, 1990.
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(d)(1) Any person, corporate officer, agent or director, on behalf of a coal mine
operator, who knowingly makes any false statement, representation or certification, or
knowingly fails to make any statement, representation or certification required in this
section shall, upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than one year, or both.
(2) The Secretary shall conduct such audits of coal production and the payment
of fees under this title as may be necessary to ensure full compliance with the provisions
of this title. For purposes of performing such audits the Secretary (or any duly designated
officer, employee, or representative of the Secretary) shall, at the reasonable times, upon
request, have access to, and may copy, all books, papers, and other documents of any
person subject to the provisions of this title. The Secretary may at any time conduct audits
of any surface coal mining and reclamation operation, including without limitation,
tipples and preparation plants, as may be necessary in the judgment of the Secretary to
ensure full and complete payment of the fees under this title.
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(d)(2) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(e) Any portion of the reclamation fee not properly or promptly paid pursuant to this
section shall be recoverable, with statutory interest, from coal mine operators, in any court
of competent jurisdiction in any action at law to compel payment of debts.
(f) All Federal and State agencies shall fully cooperate with the Secretary of the
Interior in the enforcement of this section. Whenever the Secretary believes that any
person has not paid the full amount of the fee payable under subsection (a) the Secretary
shall notify the Federal agency responsible for ensuring compliance with the provisions of
section 4121 of the Internal Revenue Code of 1986.
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(f) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(g) (1) Except as provided in subsection (h), moneys deposited into the fund shall be
allocated by the Secretary to accomplish the purposes of this title as follows:
(A) 50 percent of the reclamation fees collected annually in any State
(other than fees collected with respect to Indian lands) shall be allocated annually by the
Secretary to the State, subject to such State having each of the following:
(i) An approved abandoned mine reclamation program pursuant to
section 405.
(ii) Lands and waters which are eligible pursuant to section 404 (in
the case of a State not certified under section 411(a)) or pursuant to section 411(b) (in the
case of a State certified under section 411(a)).
(B) 50 percent of the reclamation fees collected annually with respect to
Indian lands shall be allocated annually by the Secretary to the Indian tribe having
jurisdiction over such lands, subject to such tribe having each of the following:
(i) an approved abandoned mine reclamation program pursuant to
section 405.
(ii) Lands and waters which are eligible pursuant to section 404 (in
the case of an Indian tribe not certified under section 411(a)) or pursuant to section
411(b) (in the case of a tribe certified under section 411(a)).
(C) The funds allocated by the Secretary under this paragraph to States and
Indian tribes shall only be used for annual reclamation project construction and program
administration grants.
(D) To the extent not expended within 3 years after the date of any grant
award under this paragraph, such grant shall be available for expenditure by the Secretary
in any area under paragraph (2), (3), (4), or (5).
(2) 20 percent of the amounts available in the fund in any fiscal year which are
not allocated under paragraph (1) in that fiscal year (including that interest accruing as
provided in section 401(e) and including funds available for reallocation pursuant to
paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the
annual transfer to the Secretary of Agriculture under section 401(c)(2).
(3) Amounts available in the fund which are not allocated to States and Indian
tribes under paragraph (1) or allocated under paragraphs (2) and (5) are authorized to be
expended by the Secretary for any of the following:
(A) For the purpose of section 507(c), either directly or through grants to
the States, subject to the limitation contained in section 401(c)(11).
(B) For the purpose of section 410 (relating to emergencies).
(C) For the purpose of meeting the objectives of the fund set forth in
section 403(a) for eligible lands and waters pursuant to section 404 in States and on
Indian lands where the State or Indian tribe does not have an approved abandoned mine
reclamation program pursuant to section 405.
(D) For the administration of this title by the Secretary.
(4)(A) Amounts available in the fund which are not allocated under paragraphs
(1), (2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be
expended by the Secretary under this paragraph for the reclamation or drainage abatement
of lands and waters within unreclaimed sites which are mined for coal or which were
affected by such mining, wastebanks, coal processing or other coal mining processes and
left in an inadequate reclamation status.
(B) Funds made available under this paragraph may be used for
reclamation or drainage abatement at a site referred to in subparagraph (A) if the
Secretary makes either of the following findings:
(i) A finding that the surface coal mining operation occurred during
the period beginning on August 4, 1977, and ending on or before the date on which the
Secretary approved a State program pursuant to section 503 for a State in which the site is
located, and that any funds for reclamation or abatement which are available pursuant to a
bond or other form of financial guarantee or from any other source are not sufficient to
provide for adequate reclamation or abatement at the site.
(ii) A finding that the surface coal mining operation occurred during
the period beginning on August 4, 1977, and ending on or before the date of enactment of
this paragraph, and that the surety of such mining operator became insolvent during such
period, and as of the date of enactment of this paragraph, funds immediately available
from proceedings relating to such insolvency, or from any financial guarantee or other
source are not sufficient to provide for adequate reclamation or abatement at the site.
(C) In determining which sites to reclaim pursuant to this paragraph, the
Secretary shall follow the priorities stated in paragraphs (1) and (2) of section 403(a). The
Secretary shall ensure that priority is given to those sites which are in the immediate
vicinity of a residential area or which have an adverse economic impact upon a local
community.
(D) Amounts collected from the assessment of civil penalties under
section 518 are authorized to be appropriated to carry out this paragraph.
(E) Any State may expend grants made available under paragraphs (1)
and (5) for reclamation and abatement of any site referred to in subparagraph (A) if the
State, with the concurrence of the Secretary, makes either of the findings referred to in
clause (i) or (ii) of subparagraph (B) and if the State determines that the reclamation
priority of the site is the same or more urgent than the reclamation priority for eligible
lands and waters pursuant to section 404 under the priorities stated in paragraphs (1) and
(2) of section 403(a).
(F) For the purposes of the certification referred to in section 411(a),
sites referred to in subparagraph (A) of this paragraph shall be considered as having the
same priorities as those stated in section 403(a) for eligible lands and waters pursuant to
section 404. All sites referred to in subparagraph (A) of this paragraph
within any State shall be reclaimed prior to such State making the certification referred to
in section 411(a).
(5) The Secretary shall allocate 40 percent of the amount in the fund after
making the allocation referred to in paragraph (1) for making additional annual grants to
States and Indian tribes which are not certified under section 411(a) to supplement grants
received by such States and Indian tribes pursuant to paragraph (1)(C) until the priorities
stated in paragraphs (1) and (2) of section 403(a) have been achieved by such State or
Indian tribe. The allocation of such funds for the purpose of making such expenditures
shall be through a formula based on the amount of coal historically produced in the State
or from the Indian lands concerned prior to August 3, 1977. Funds allocated or expended
by the Secretary under paragraphs (2), (3), or (4) of this subsection for any State or Indian
tribe shall not be deducted against any allocation of funds to the State or Indian tribe
under paragraph (1) or under this paragraph.
(6) Any State 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 either-
(A) a special trust fund established under State law pursuant to which
such amounts (together with all interest earned on such amounts) are expended by the
State solely to achieve the priorities stated in section 403(a) after September 30, 1995, or
(B) an acid mine drainage abatement and treatment fund established
under State law as provided in paragraph (7).
(7)(A) Any State may establish under State law an acid mine drainage
abatement and treatment fund from which amounts (together with all interest earned on
such amounts) are expended by the State to implement, in consultation with the Soil
Conservation Service, acid mine drainage abatement and treatment plans approved by the
Secretary. Such plans shall provide for the comprehensive abatement of the causes and
treatment of the effects of acid mine drainage within qualified hydrologic units affected
by coal mining practices.
(B) The plan shall include, but shall not be limited to, each of the
following:
(i) An identification of the qualified hydrologic unit.
(ii) The extent to which acid mine drainage is affecting the water
quality and biological resources within the hydrologic unit.
(iii) An identification of the sources of acid mine drainage within
the hydrologic unit.
(iv) An identification of individual projects and the measures
proposed to be undertaken to abate and treat the causes or effects of acid mine drainage
within the hydrologic unit.
(v) The cost of undertaking the proposed abatement and treatment
measures. Sec. 402
(vi) An identification of existing and proposed sources of funding
for such measures.
(vii) An analysis of the cost-effectiveness and environmental
benefits of abatement and treatment measures.
(C) The Secretary may approve any plan under this paragraph only after
determining that such plan meets the requirements of this paragraph. In conducting an
analysis of the items referred to in clauses (iv), (v), and (vii) the Director of the Office of
Surface Mining shall obtain the comments of the Director of the United States Bureau of
Mines. In approving plans under this paragraph, the Secretary shall give a priority to
those plans which will be implemented in coordination with measures undertaken by the
Secretary of Agriculture under section 406.
(D) For 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 which adversely impacts biological
resources; and
(ii) which contains lands and waters which are-
(I) eligible pursuant to section 404 and include any of the
priorities stated in paragraph (1), (2), or (3) of section 403(a); and
(II) proposed to be the subject of the expenditures by the State
(from amounts available from the forfeiture of bonds required under section 509 or from
other State sources) to mitigate acid mine drainage.
(8) Of the funds available for expenditure under this subsection in any fiscal
year, the Secretary shall allocate annually not less than $2,000,000 for expenditure in
each State, and for each Indian tribe, having an approved abandoned mine reclamation
program pursuant to section 405 and eligible lands and waters pursuant to section 404 so
long as an allocation of funds to such State or such tribe is necessary to achieve the
priorities stated in paragraphs (1) and (2) of section 403(a).
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(g) amended September 13, 1982, May 7, 1987 and November 5,
1990 and May 18, 1992 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(h)(1) In the case of any fiscal year beginning on or after October 1, 1995, with
respect to which fees are required to be paid under this section, the Secretary shall, as of
the beginning of such fiscal year and before any allocation under subsection (g), make the
transfer provided in paragraph (2).
(2) The Secretary shall transfer from the fund to the United Mine Workers of
America Combined Benefit Fund established under section 9702 of the Internal Revenue
Code of 1986 for any fiscal year an amount equal to the sum of --
(A) the amount of the interest which the Secretary estimates will be
earned and paid to the Fund during the fiscal year, plus
(B) the amount by which the amount described in subparagraph (A) is
less than $70,000,000.
(3)(A) The aggregate amount which may be transferred under paragraph (2)
for any fiscal year shall not exceed the amount of expenditures which the trustees of the
Combined Fund estimate will be debited against the unassigned beneficiaries premium
account under section 9704(e) of the Internal Revenue Code of 1986 for the fiscal year of
the Combined Fund in which the transfer is made.
(B) The aggregate amount which may be transferred under paragraph
(2)(B) for all fiscal years shall not exceed an amount equivalent to all interest earned and
paid to the fund after September 30, 1992, and before October 1, 1995.
(4) If, for any fiscal year, the amount transferred is more or less than the
amount required to be transferred, the Secretary shall appropriately adjust the amount
transferred for the next fiscal year.
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Note: Subsection 402(h) added October 24, 1992.
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OBJECTIVES OF FUND
[30 U.S.C. 1233]
SEC. 403. (a) Expenditure of moneys from the fund on lands and water
eligible pursuant to section 404 for the purposes of this title, except as provided for under
section 411, shall reflect the following priorities in the order stated:
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Note: Subsection 403(a) amended November 5, 1990 and October 24, 1992.
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(1) the protection of public health, safety, general welfare, and property from
extreme danger of adverse effects of coal mining practices;
(2) the protection of public health, safety, and general welfare from adverse
effects of coal mining practices;
(3) the restoration of land and water resources and the environment previously
degraded by adverse effects of coal mining practices including measures for the
conservation and development of soil, water (excluding channelization), woodland, fish
and wildlife, recreation resources, and agricultural productivity;
(4) the protection, repair, replacement, construction, or enhancement of public
facilities such as utilities, roads, recreation, and conservation facilities adversely affected
by coal mining practices; and
(5) the development of publicly owned land adversely affected by coal mining
practices including land acquired as provided in this title for recreation and historic
purposes, conservation, and reclamation purposes and open space benefits.
(b)(1) Any State or Indian tribe not certified under section 411(a) may expend up to
30 percent of the funds allocated to such State or Indian tribe in any year through the
grants made available under paragraphs (1) and (5) of section 402(g) for the Sec. 403
purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to
water supply, including water distribution facilities and treatment plants, to replace water
supplies adversely affected by coal mining practices.
(2) If the adverse effect on water supplies referred to in this subsection
occurred both prior to and after August 3, 1977, or as the case may be, the dates (and
under the criteria) set forth under section 402(g)(4)(B) section 404 shall not be construed
to prohibit a State or Indian tribe referred to in paragraph (1) from using funds referred to
in such paragraph for the purposes of this subsection if the State or Indian tribe
determines that such adverse effects occurred predominantly prior to August 3, 1977, or
as the case may be, the dates (and under the criteria) set forth under section 402(g)(4)(B).
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Note: Subsection 403(b) added November 5, 1990 and amended October 24, 1992.
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(c) For the purposes of assisting in the planning and evaluation of reclamation
projects pursuant to section 405, and assisting in making the certification referred to in
section 411(a), the Secretary shall maintain an inventory of eligible lands and waters
pursuant to section 404 which meet the priorities stated in paragraphs (1) and (2) of
subsection (a). Under standardized procedures established by the Secretary, States and
Indian tribes with approved abandoned mine reclamation programs pursuant to section
405 may offer amendments to update the inventory as it applies to eligible lands and
waters under the jurisdiction of such States or tribes. The Secretary shall provide such
States and tribes with the financial and technical assistance necessary for the purpose of
making inventory amendments. The Secretary shall compile and maintain an inventory for
States and Indian lands in the case when a State or Indian tribe does not have an approved
abandoned mine reclamation program pursuant to section 405. On a regular basis, but not
less than annually, the projects completed under this title shall be so noted on the
inventory under standardized procedures established by the Secretary.
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Note: Subsection 403(c) added November 5, 1990.
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ELIGIBLE LANDS AND WATER
[30 U.S.C. 1234]
SEC. 404. Lands and water eligible for reclamation or drainage
abatement expenditures under this title are those which were mined for coal or which
were affected by such mining, wastebanks, coal processing, or other coal mining
processes, except as provided for under section 411 and abandoned or left in an
inadequate reclamation status prior to the date of enactment of this Act, and for which
there is no continuing reclamation responsibility under State or other Federal laws.
For other provisions relating to lands and waters eligible for such expenditures, see
section 402(g)(4), section 403(b)(1), and section 409. Surface coal mining operations on
lands eligible for remining shall not affect the eligibility of such lands for reclamation and
restoration under this title after the release of the bond or deposit for any such operation
as provided under section 519. In the event the bond or deposit for a surface coal mining
operation on lands eligible for remining is forfeited, funds available under this title may
be used if the amount of such bond or deposit is not sufficient to provide for adequate
reclamation or abatement, except that if conditions warrant the Secretary shall
immediately exercise his authority under section 410.
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Note: Section 404 amended November 5, 1990 and October 24, 1992.
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STATE RECLAMATION PROGRAMS
[30 U.S.C. 1235]
SEC. 405. (a) Not later than the end of the one hundred and eighty day
period immediately following the date of enactment of this Act, the Secretary shall
promulgate and publish in the Federal Register regulations covering implementation of an
abandoned mine reclamation program incorporating the provisions of title IV and
establishing procedures and requirements for preparation, submission, and approval of
State programs consisting of the plan and annual submissions of projects.
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Note: Subsection 405(a) amended November 5, 1990.
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(b) Each State having within its borders coal mined lands eligible for reclamation
under this title, may submit to the Secretary a State Reclamation Plan and annual projects
to carry out the purposes of this title.
(c) The Secretary shall not approve, fund, or continue to fund a State abandoned
mine reclamation program unless that State has an approved State regulatory program
pursuant to section 503 of this Act.
(d) If the Secretary determines that a State has developed and submitted a program
for reclamation of abandoned mines and has the ability and necessary State legislation to
implement the provisions of this title, sections 402 and 410 excepted, the Secretary shall
approve such State program and shall grant to the State exclusive responsibility and
authority to implement the provisions of the approved program: Provided, That the
Secretary shall withdraw such approval and authorization if he determines upon the basis
of information provided under this section that the State program is not in compliance
with the procedures, guidelines, and requirements established under subsection 405(a). Sec. 405
(e) Each State Reclamation Plan shall generally identify the areas to be reclaimed,
the purposes for which the reclamation is proposed, the relationship of the lands to be
reclaimed and the proposed reclamation to surrounding areas, the specific criteria for
ranking and identifying projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of this title.
(f) On an annual basis, each State having an approved State Reclamation Plan may
submit to the Secretary an application for the support of the State program and
implementation of specific reclamation projects. Such annual requests shall include such
information as may be requested by the Secretary including:
(1) a general description of each proposed project;
(2) a priority evaluation of each proposed project;
(3) a statement of the estimated benefits in such terms as: number of acres
restored, miles of stream improved, acres of surface lands protected from subsidence,
population protected from subsidence, air pollution, hazards of mine and coal refuse
disposal area fires;
(4) an estimate of the cost for each proposed project;
(5) in the case of proposed research and demonstration projects, a description
of the specific techniques to be evaluated or objective to be attained;
(6) an identification of lands or interest therein to be acquired and the estimated cost; and
(7) in each year after the first in which a plan is filed under this title, an
inventory of each project funded under the previous year's grant: which inventory shall
include details of financial expenditures on such project together with a brief description
of each such project, including project locations, landowner's name, acreage, type of
reclamation performed.
(g) The costs for each proposed project under this section shall include: actual
construction costs, actual operation and maintenance costs of permanent facilities,
planning and engineering costs, construction inspection costs, and other necessary
administrative expenses.
(h) Upon approval of State Reclamation Plan by the Secretary and of the surface
mine regulatory program pursuant to section 503, the Secretary shall grant, on an annual
basis, funds to be expended in such State pursuant to subsection 402(g) and which are
necessary to implement the State reclamation program as approved by the Secretary.
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Note: Subsection 405(h) amended November 5, 1990.
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(i) The Secretary, through his designated agents, will monitor the progress and
quality of the program. The States shall not be required at the start of any project to
submit complete copies of plans and specifications.
(j) The Secretary shall require annual and other reports as may be necessary to be
submitted by each State administering the approved State reclamation program with
funds provided under this title. Such reports shall include that information which the
Secretary deems necessary to fulfill his responsibilities under this title.
(k) Indian tribes having within their jurisdiction eligible lands pursuant to section
404 or from which coal is produced, shall be considered as a "State" for the purposes of
this title except for purposes of subsection (c) of this section with respect to the Navajo,
Hopi and Crow Indian Tribes.
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Note: Subsection 405(k) amended July 11, 1987.
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(l) No State shall be liable under any provision of Federal law for any costs or
damages as a result of action taken or omitted in the course of carrying out a State
abandoned mine reclamation plan approved under this section. This subsection shall not
preclude liability for costs or damages as a result of gross negligence or intentional
misconduct by the State. For purposes of the preceding sentence, reckless, willful, or
wanton misconduct shall constitute gross negligence.
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Note: Subsection 405(l) added November 5, 1990.
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RECLAMATION OF RURAL LANDS
[30 U.S.C. 1236]
SEC. 406. (a) In order to provide for the control and prevention of
erosion and sediment damages from unreclaimed mined lands, and to promote the
conservation and development of soil and water resources of unreclaimed mined lands
and lands affected by mining, the Secretary of Agriculture is authorized to enter into
agreements of not more than ten years with landowners (including owners of water
rights), residents, and tenants, and individually or collectively, determined by him to have
control for the period of the agreement of lands in question therein, providing for land
stabilization, erosion, and sediment control, and reclamation through conservation
treatment, including measures for the conservation and development of soil, water
(excluding stream channelization), woodland, wildlife, and recreation resources, and
agricultural productivity of such lands. Such agreements shall be made by the Secretary
with the owners, including owners of water rights, residents, or tenants (collectively or
individually) of the lands in question.
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Note: Subsection 406(a) amended November 5, 1990.
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(b) The landowner, including the owner of water rights, resident, or tenant shall
furnish to the Secretary of Agriculture a conservation and development plan setting forth
the proposed land uses and conservation treatment which shall be mutually agreed by the
Secretary of Agriculture and the landowner, including owner of water Sec. 406
rights, resident, or tenant to be needed on the lands for which the plan was prepared. In
those instances where it is determined that the water rights or water supply of a tenant,
landowner, including owner of water rights, resident, or tenant have been adversely
affected by a surface or underground coal mine operation which has removed or disturbed
a stratum so as to significantly affect the hydrologic balance, such plan may include
proposed measures to enhance water quality or quantity by means of joint action with
other affected landowners, including owner of water rights, residents, or tenants in
consultation with appropriate State and Federal agencies.
(c) Such plan shall be incorporated in an agreement under which the landowner,
including owner of water rights, resident, or tenant shall agree with the Secretary of
Agriculture to effect the land uses and conservation treatment provided for in such plan
on the lands described in the agreement in accordance with the terms and conditions
thereof.
(d) In return for such agreement by the landowner, including owner of water rights,
resident, or tenant, the Secretary of Agriculture is authorized to furnish financial and other
assistance to such landowner, including owner of water rights, resident. or tenant, in such
amounts and subject to such conditions as the Secretary of Agriculture determines are
appropriate in the public interest for carrying out the land use and conservation treatment
set forth in the agreement. Grants made under this section, depending on the
income-producing potential of the land after reclaiming, shall provide up to 80 per
centum of the cost of carrying out such land uses and conservation treatment on not more
than one hundred and twenty acres of land occupied by such owner, including water rights
owners, residents, or tenant, or on not more than one hundred and twenty acres of land
which has been purchased jointly by such landowners, including water rights owners,
residents, or tenants, under an agreement for the enhancement of water quality or quantity
or on land which has been acquired by an appropriate State or local agency for the
purpose of implementing such agreement; except the Secretary may reduce the matching
cost share where he determines that (1) the main benefits to be derived from the project
are related to improving offsite water quality, offsite esthetic values, or other offsite
benefits, and (2) the matching share requirement would place a burden on the landowner
which would probably prevent him from participating in the program: Provided, however,
That the Secretary of Agriculture may allow for land use and conservation treatment on
such lands occupied by any such owner in excess of such one hundred and twenty acre
limitation up to three hundred and twenty acres, but in such event the amount of the grant
to such landowner to carry out such reclamation on such lands shall be reduced
proportionately. Notwithstanding any other provision of this section with regard to
acreage limitations, the Secretary of Agriculture may carry out reclamation treatment
projects to control erosion and improve water quality on all lands within a hydrologic
unit, consisting of not more than 25,000 acres, if the Secretary determines that treatment
of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of
past surface mining practices than would be achieved if reclamation was done on
individual parcels of land.
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Note: Subsection 406(d) amended December 22, 1981 and November 5, 1990.
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(e) The Secretary of Agriculture may terminate any agreement with a landowner
including water rights owners, operator, or occupier by mutual agreement if the Secretary
of Agriculture determines that such termination would be in the public interest, and may
agree to such modification of agreements previously entered into hereunder as he deems
desirable to carry out the purposes of this section or to facilitate the practical
administration of the program authorized herein.
(f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the
extent he deems it desirable to carry out the purposes of this section, may provide in any
agreement hereinunder for (1) preservation for a period not to exceed the period covered
by the agreement and an equal period thereafter of the cropland, crop acreage, and
allotment history applicable to land covered by the agreement for the purpose of any
Federal program under which such history is used as a basis for an allotment or other
limitation on the production of such crop; or (2) surrender of any such history and
allotments.
(g) The Secretary of Agriculture shall be authorized to issue such rules and
regulations as he determines are necessary to carry out the provisions of this section.
(h) In carrying out the provisions of this section, the Secretary of Agriculture shall
utilize the services of the Soil Conservation Service.
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Note: Subsection 406(i) repealed November 5, 1990.
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ACQUISITION AND RECLAMATION OF LAND ADVERSELY
AFFECTED BY PAST COAL MINING PRACTICES
[30 U.S.C. 1237]
SEC. 407. (a) If the Secretary or the State pursuant to an approved State
program, makes a finding of fact that -
(1) land or water resources have been adversely affected by past coal mining
practices; and
(2) the adverse effects are at a stage where, in the public interest, action to
restore, reclaim, abate, control, or prevent should be taken; and
(3) the owners of the land or water resources where entry must be made to
restore, reclaim, abate, control, or prevent the adverse effects of past coal mining
practices are not known, or readily available; or
(4) the owners will not give permission for the United States, the States,
political subdivisions, their agents, employees, or contractors to enter upon such
property to restore, reclaim, abate, control, or prevent the adverse effects of past coal
mining practices;
then, upon giving notice by mail to the owners if known or if not known by posting notice
upon the premises and advertising once in a newspaper of general circulation in the
municipality in which the land lies, the Secretary, his agents, employees, or contractors,
or the State pursuant to an approved State program, shall have the right to enter upon the
property adversely affected by past coal mining practices and any other property to have
access to such property to do all things necessary or expedient to restore, reclaim, abate,
control, or prevent the adverse effects. Such entry shall be construed as an exercise of the
police power for the protection of public health, safety, and general welfare and shall not
be construed as an act of condemnation of property nor of trespass thereon. The moneys
expended for such work and the benefits accruing to any such premises so entered upon
shall be chargeable against such land and shall mitigate or offset any claim in or any
action brought by any owner of any interest in such premises for any alleged damages by
virtue of such entry: Provided, however, That this provision is not intended to create new
rights of action or eliminate existing immunities.
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Note: Subsection 407(a) amended November 5, 1990.
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(b) The Secretary, his agents, employees, or contractors or the State pursuant to an
approved State program, shall have the right to enter upon any property for the purpose of
conducting studies or exploratory work to determine the existence of adverse effects of
past coal mining practices and to determine the feasibility of restoration, reclamation,
abatement, control, or prevention of such adverse effects. Such entry shall be construed
as an exercise of the police power for the protection of public health, safety, and general
welfare and shall not be construed as an act of condemnation of property nor trespass
thereon.
(c) The Secretary or the State pursuant to an approved State program, may acquire
any land, by purchase, donation, or condemnation, which is adversely affected by past
coal mining practices if the Secretary determines that acquisition of such land is necessary
to successful reclamation and that-
(1) the acquired land, after restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices, will serve recreation and
historic purposes, conservation and reclamation purposes or provide open space benefits;
and
(2) permanent facilities such as a treatment plant or a relocated stream channel
will be constructed on the land for the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices; or
(3) acquisition o