Pub. L. 109-432, div. C, tit. II, subtit. A, sec. 201

ABANDONED MINE RECLAMATION FUND AND PURPOSES.

EnactedYear: 2006Length: 565 wordsOfficial source
SEC. 201. ABANDONED MINE RECLAMATION FUND AND PURPOSES.(a) In General.—Section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended—(1) in subsection (c)—120 STAT. 3007 (A) by striking paragraphs (2) and (6); and(B) by redesignating paragraphs (3), (4), and (5) and paragraphs (7) through (13) as paragraphs (2) through (11), respectively;(2) by striking subsection (d) and inserting the following:“(d) Availability of Moneys; No Fiscal Year Limitation.—“(1) In general.—Moneys from the fund for expenditures under subparagraphs (A) through (D) of section 402(g)(3) shall be available only when appropriated for those subparagraphs.“(2) No fiscal year limitation.—Appropriations described in paragraph (1) shall be made without fiscal year limitation.“(3) Other purposes.—Moneys from the fund shall be available for all other purposes of this title without prior appropriation as provided in subsection (f).”;(3) in subsection (e)—(A) in the second sentence, by striking “the needs of such fund” and inserting “achieving the purposes of the transfers under section 402(h)”; and(B) in the third sentence, by inserting before the period the following: “for the purpose of the transfers under section 402(h)”; and(4) by adding at the end the following:“(f) General Limitation on Obligation Authority.—“(1) In general.—From amounts deposited into the fund under subsection (b), the Secretary shall distribute during each fiscal year beginning after September 30, 2007, an amount determined under paragraph (2).“(2) Amounts.—“(A) For fiscal years 2008 through 2022.—For each of fiscal years 2008 through 2022, the amount distributed by the Secretary under this subsection shall be equal to—“(i) the amounts deposited into the fund under paragraphs (1), (2), and (4) of subsection (b) for the preceding fiscal year that were allocated under paragraphs (1) and (5) of section 402(g); plus“(ii) the amount needed for the adjustment under section 402(g)(8) for the current fiscal year.“(B) Fiscal years 2023 and thereafter.—For fiscal year 2023 and each fiscal year thereafter, to the extent that funds are available, the Secretary shall distribute an amount equal to the amount distributed under subparagraph (A) during fiscal year 2022.“(3) Distribution.—“(A) In general.—Except as provided in subparagraph (B), for each fiscal year, of the amount to be distributed to States and Indian tribes pursuant to paragraph (2), the Secretary shall distribute—“(i) the amounts allocated under paragraph (1) of section 402(g), the amounts allocated under paragraph (5) of section 402(g), and any amount reallocated under section 411(h)(3) in accordance with section 411(h)(2), for grants to States and Indian tribes under section 402(g)(5); and“(ii) the amounts allocated under section 402(g)(8).“(B) Exclusion.—Beginning on October 1, 2007, certified States shall be ineligible to receive amounts under section 402(g)(1).120 STAT. 3008“(4) Availability.—Amounts in the fund available to the Secretary for obligation under this subsection shall be available until expended.“(5) Addition.—“(A) In general.—Subject to subparagraph (B), the amount distributed under this subsection for each fiscal year shall be in addition to the amount appropriated from the fund during the fiscal year.“(B) Exceptions.—Notwithstanding paragraph (3), the amount distributed under this subsection for the first 4 fiscal years beginning on and after October 1, 2007, shall be equal to the following percentage of the amount otherwise required to be distributed:“(i) 50 percent in fiscal year 2008.“(ii) 50 percent in fiscal year 2009.“(iii) 75 percent in fiscal year 2010.“(iv) 75 percent in fiscal year 2011.”.(b) Conforming Amendment.—Section 712(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by striking “section 401(c)(11)” and inserting “section 401(c)(9)”.
Pub. L. 109-432, div. C, tit. II, subtit. A, sec. 201: ABANDONED MINE RECLAMATION FUND AND PURPOSES. | Justis AI