Sec. 304. Use and objectives of the Fund
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The Secretary may, subject to appropriations, use moneys in the Fund for the reclamation and restoration of land and water resources adversely affected by past hardrock mineral activities and related activities on lands described in section 305, including any of the following: Protecting public health and safety. Preventing, abating, treating, and controlling water pollution created by abandoned mine drainage, including in river watershed areas. Reclaiming and restoring abandoned surface and underground mined areas.
Reclaiming and restoring abandoned milling and processing areas. Backfilling, sealing, or otherwise controlling abandoned underground mine entries. Revegetating land adversely affected by past mineral activities in order to prevent erosion and sedimentation, to enhance wildlife habitat, and for any other reclamation purpose. Controlling surface subsidence due to abandoned underground mines. Enhancing fish and wildlife habitat. Amounts in the Fund may— be expended by the Secretary for the purposes described in paragraph (1); be transferred by the Secretary to the Director of the Bureau of Land Management, the Chief of the Forest Service, the Director of the National Park Service, the Director of the United States Fish and Wildlife Service, the head of any other Federal agency, or any public entity that volunteers to develop and implement, and that has the ability to carry out, all or a significant portion of a reclamation program under this subtitle; or be transferred by the Secretary to an Indian tribe or a State to carry out a reclamation program under this subtitle that meets the purposes described in paragraph (1).
Of the amounts deposited into the Fund— 25 percent shall be allocated by the Secretary for expenditure in States or on tribal lands within the boundaries of which occurs production of hardrock minerals or mineral concentrates or products derived from hardrock minerals, based on a formula reflecting existing production in each such State or on the land of the Indian tribe; 25 percent shall be allocated for expenditure by the Secretary in States or on tribal lands based on a formula reflecting the quantity of hardrock minerals, or mineral concentrates or products derived from hardrock minerals, historically produced in each such State or from the land of the Indian tribe before the date of enactment of this Act; and 50 percent shall be allocated for expenditure by the Secretary to address high-priority needs according to the priorities in subsection (c).
Expenditures of moneys from the Account shall reflect the following priorities in the order stated: The protection of public health and safety from extreme danger from the adverse effects of past mineral activities, especially as relates to surface water and ground water contaminants. The protection of public health and safety from the adverse effects of past mineral activities. The restoration of land, water, and fish and wildlife resources previously degraded by the adverse effects of past mineral activities, which may include restoration activities in river watershed areas.
Reclamation and restoration activities under this subtitle shall include appropriate mitigation measures to provide for the continuation of any established habitat for wildlife in existence before the commencement of such activities. Reclamation and restoration activities under this subtitle that constitute a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ), shall be conducted with the concurrence of the Administrator of the Environmental Protection Agency.
The Secretary and the Administrator shall enter into a memorandum of understanding to establish procedures for consultation, concurrence, training, exchange of technical expertise, and joint activities under the appropriate circumstances, that provide assurances that reclamation or restoration activities under this subtitle shall not be conducted in a manner that increases the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.), and that avoid oversight by multiple agencies to the maximum extent practicable.
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Sec. 304
Use and objectives of the Fund
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