Sec. 401. Establishment of Fund
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There is established in the Treasury of the United States a separate account, to be known as the Hardrock Minerals Reclamation Fund , consisting of— any amounts received by the United States under section 101; any amounts collected under section 102 (subject to the requirements of section 102(c)(1)); any amounts donated to the Fund by persons, corporations, associations, and foundations; any amounts collected under section 201; any amounts collected under section 303(e); any amounts collected under section 403; any amounts collected under sections 203 and 502; and any income on investments under subsection (b).
The Secretary shall notify the Secretary of the Treasury of any portion of the Fund that the Secretary determines is not required to meet current withdrawals. The Secretary of the Treasury shall invest portions of the Fund identified under paragraph
(1)in public debt securities with maturities suitable for the needs of the Fund. Investments in public debt securities shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturity. The Fund shall be administered by the Secretary, acting through the Director of the Office of Surface Mining Reclamation and Enforcement. Subject to section 402, amounts in the Fund may, without fiscal year limitation and without further appropriation— be expended by the Secretary for the purposes described in section 402; 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, or the head of any other Federal agency, that develops, implements, and has the ability to carry out all or a significant portion of a reclamation program under this title; or be transferred by the Secretary to an Indian tribe or a State with an approved reclamation program, as provided in subsection (e). Each State having within the borders of the State, or Indian tribe having within the borders of the reservation of the Indian tribe, mined land that is eligible for reclamation under this title may submit to the Secretary a reclamation program for the land. If the Secretary determines that a State or Indian tribe has developed and submitted a program for reclamation of abandoned mines consistent with the priorities established under section 402(c) and has the ability and necessary State or tribal legislation to implement this title, the Secretary shall— approve the program; and grant to the State or Indian tribe the exclusive responsibility and authority to implement the approved program. The Secretary shall withdraw the approval and authorization if the Secretary determines that the State or tribal program is not in compliance with procedures, guidelines, and requirements established by the Secretary. Subject to paragraph (3), any State program in an abandoned hardrock mine State or tribal program for reclamation of abandoned mines approved under title IV of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq.) before the date of enactment of this Act and in good standing with the Secretary as of that date shall be considered approved under this title.
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Sec. 401
Establishment of Fund
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