Sec. 402. Use and objectives of the Fund
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The Secretary may, without fiscal year limitation and without further appropriation, use amounts in the Fund for the reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining and related activities in abandoned hardrock mine States and on Indian land located within the exterior boundaries of abandoned hardrock mine States, including the conduct of activities— to protect public health and safety; to prevent, abate, treat, and control water pollution created by abandoned mine drainage, including activities conducted in watersheds; to reclaim and restore abandoned surface and underground mined areas; to reclaim and restore abandoned milling and processing areas; to backfill, seal, or otherwise control abandoned underground mine entries; to revegetate land adversely affected by past mining activities— to prevent erosion and sedimentation; and for any other reclamation purpose; to control surface subsidence due to abandoned underground mines; and to enhance fish and wildlife habitat.
Before expending amounts in the Fund for the purposes described in paragraph (1), the Secretary shall make a determination that there is no continuing reclamation responsibility of the claim holder, operator, or other person who abandoned the site before completion of the required reclamation under Federal or State law. Of the amounts deposited in the Fund each fiscal year— 20 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has an approved program pursuant to section 401(e), by the State or Indian tribe, in the States in which, or on Indian land on which, hardrock minerals are produced, based on a formula reflecting existing production in the State or on the land of the Indian tribe; 30 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has an approved program pursuant to section 401(e), by the State or Indian tribe, in the States and on Indian land using a formula based on the quantity of hardrock minerals historically produced in the State or from the Indian land before the date of enactment of this Act; 25 percent shall be allocated by the Secretary for expenditure on Federal land; 10 percent shall be available to the Secretary for grants under subsection (e); 10 percent shall be available to the Secretary for grants under subsection (f); and 5 percent shall be available for administrative expenses of the United States, Indian tribes, and the States to accomplish the purposes of this title.
Subject to paragraph (2), expenditures from the Fund shall be based on the following priorities: The conduct of activities to protect public health and safety from the adverse effects of past hardrock mineral mining activities, including activities addressing surface water and groundwater contaminants. The conduct of activities to restore land, water, and fish and wildlife resources degraded by the adverse effects of past hardrock mineral mining activities, including restoration activities in watershed areas.
In complying with the priorities established under this subsection, funds may be expended for reclamation activities under paragraph (1)(B) before the completion of all reclamation projects under paragraph (1)(A) if the expenditure of the funds for reclamation activities under paragraph (1)(B) is made in conjunction with reclamation activities under paragraph (1)(A). Notwithstanding paragraphs
(1)and (2), not less than 25 percent of the expenditures by the Secretary on Federal lands for any year shall be for the purposes described in paragraph (1)(B). Amounts may be expended for reclamation activities under this section only with respect to land or water resources if the land or water resources have been— affected by hardrock mineral mining activities; and abandoned or left in an inadequate reclamation status. Section 411(d) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1240a(d) ) shall apply to expenditures from the Fund. The Secretary shall— prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on Federal land, State land, other publicly owned land, private land, and any abandoned mine on Indian land that may be eligible for expenditures under this section; and submit to Congress an annual report that describes the progress in reclaiming the sites listed on the inventory. The Secretary shall expend not more than $5,000,000 to carry out the inventory required by this paragraph. The Secretary shall use amounts made available under subsection (b)(4) to make grants to States (other than abandoned hardrock mine States) and Indian tribes to carry out reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining activities, including the conduct of activities described in subsection (a)(1). Before awarding a grant under this subsection, the Secretary shall make a determination that there is no continuing reclamation responsibility of any person who abandoned the site before completion of required reclamation under Federal or State law. The Secretary shall establish by regulation the procedures and criteria for awarding grants under this subsection, which shall include— consistency with the priorities established under subsection (c)(1); and priority for those projects for which Federal funding is not available under other laws or programs. The Secretary shall use amounts made available under subsection (b)(5) to make grants to public entities (including State fish and game agencies and local governments) and nonprofit organizations (based on criteria established by the Secretary by regulation) to carry out activities that support collaborative restoration projects to improve fish and wildlife habitat affected by past hardrock minerals and mining activities, including activities that— improve water quality and quantity; restore watersheds in which historic mining dewatered or otherwise fragmented stream habitats; restore instream habitat conditions necessary to support aquatic species; restore vegetative cover and streamside areas to control erosion and improve conditions for fish and wildlife; control and remove noxious weeds and invasive species associated with historic mining disturbances that affect fish and wildlife; restore fish and wildlife habitat in cases in which previous hardrock minerals and mining activity limits fish and wildlife productivity; protect and restore fish and wildlife habitat in areas affected by historic minerals and mining activity; and mitigate impacts to watersheds affected by past hardrock minerals and mining activities. Reclamation and restoration activities conducted under this section 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 only with the concurrence of the Administrator of the Environmental Protection Agency. The Secretary and the Administrator of the Environmental Protection Agency shall enter into a memorandum of understanding to establish procedures for consultation, concurrence, training, the exchange of technical expertise, and the conduct of joint activities, as appropriate, that provide assurances that reclamation or restoration activities under this section 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.); or to the maximum extent practicable, avoids oversight by multiple agencies.
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