TRIBAL REGULATION OF SURFACE COAL MINING AND RECLAMATION OPERATIONS.

SEC. 209. TRIBAL REGULATION OF SURFACE COAL MINING AND RECLAMATION OPERATIONS.(a) In General.—Section 710 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1300) is amended by adding at the end the following:“(j) Tribal Regulatory Authority.—“(1) Tribal regulatory programs.—“(A) In general.—Notwithstanding any other provision of law, an Indian tribe may apply for, and obtain the approval of, a tribal program under section 503 regulating in whole or in part surface coal mining and reclamation operations on reservation land under the jurisdiction of the Indian tribe using the procedures of section 504(e).“(B) References to state.—For purposes of this subsection and the implementation and administration of a tribal program under title V, any reference to a ‘State’ in this Act shall be considered to be a reference to a ‘tribe’.“(2) Conflicts of interest.—“(A) In general.—The fact that an individual is a member of an Indian tribe does not in itself constitute a violation of section 201(f).“(B) Employees of tribal regulatory authority.—Any employee of a tribal regulatory authority shall not be eligible for a per capita distribution of any proceeds from coal mining operations conducted on Indian reservation lands under this Act.“(3) Sovereign immunity.—To receive primary regulatory authority under section 504(e), an Indian tribe shall waive sovereign immunity for purposes of section 520 and paragraph (4).“(4) Judicial review.—“(A) Civil actions.—“(i) In general.—After exhausting all tribal remedies with respect to a civil action arising under a tribal program approved under section 504(e), an interested party may file a petition for judicial review of the civil action in the United States circuit court for the circuit in which the surface coal mining operation named in the petition is located.“(ii) Scope of review.—“(I) Questions of law.—The United States circuit court shall review de novo any questions of law under clause (i).120 STAT. 3020“(II) Findings of fact.—The United States circuit court shall review findings of fact under clause (i) using a clearly erroneous standard.“(B) Criminal actions.—Any criminal action brought under section 518 with respect to surface coal mining or reclamation operations on Indian reservation lands shall be brought in—“(i) the United States District Court for the District of Columbia; or“(ii) the United States district court in which the criminal activity is alleged to have occurred.“(5) Grants.—“(A) In general.—Except as provided in subparagraph (B), grants for developing, administering, and enforcing tribal programs approved in accordance with section 504(e) shall be provided to an Indian tribe in accordance with section 705.“(B) Exception.—Notwithstanding subparagraph (A), the Federal share of the costs of developing, administering, and enforcing an approved tribal program shall be 100 percent.“(6) Report.—Not later than 18 months after the date on which a tribal program is approved under subsection (e) of section 504, the Secretary shall submit to the appropriate committees of Congress a report, developed in cooperation with the applicable Indian tribe, on the tribal program that includes a recommendation of the Secretary on whether primary regulatory authority under that subsection should be expanded to include additional Indian lands.”.(b) Conforming Amendment.—Section 710(i) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1300(i)) is amended in the first sentence by striking “, except” and all that follows through “section 503”.