§ 1240a. Certification

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(a)Certification of completion of coal reclamation

(1)The Governor of a State, or the head of a governing body of an Indian tribe, with an approved abandoned mine reclamation program under section 1235 of this title may certify to the Secretary that all of the priorities stated in section 1233(a) of this title for eligible lands and waters pursuant to section 1234 of this title have been achieved. The Secretary, after notice in the Federal Register and opportunity for public comment, shall concur with such certification if the Secretary determines that such certification is correct.

(A)The Secretary may, on the initiative of the Secretary, make the certification referred to in paragraph

(1)on behalf of any State or Indian tribe referred to in paragraph

(1)if on the basis of the inventory referred to in section 1233(c) of this title all reclamation projects relating to the priorities described in section 1233(a) of this title for eligible land and water pursuant to section 1234 of this title in the State or tribe have been completed.

(B)The Secretary shall only make the certification after notice in the Federal Register and opportunity for public comment.

(b)Eligible lands, waters, and facilities If the Secretary has concurred in a State or tribal certification under subsection (a), for purposes of determining the eligibility of lands and waters for annual grants under section 1232(g)(1) of this title, section 1234 of this title shall not apply, and eligible lands, waters, and facilities shall be those—

(1)which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977; and

(2)for which there is no continuing reclamation responsibility under State or other Federal laws. In determining the eligibility under this subsection of Federal lands, waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977, date referred to in paragraph

(1)the applicable date shall be August 28, 1974, and November 26, 1980, respectively.

(c)Priorities Expenditures of moneys for lands, waters, and facilities referred to in subsection

(b)shall reflect the following objectives and priorities in the order stated (in lieu of the priorities set forth in section 1233 of this title):

(1)The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices.

(2)The protection of public health, safety, and general welfare from adverse effects of mineral mining and processing practices.

(3)The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.

(d)Specific sites and areas not eligible Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section.

(e)Utilities and other facilities Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to water supply, roads, and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth, and undertaken as they relate to, the priorities stated in subsection (c).

(f)Public facilities related to coal or minerals industry Notwithstanding subsection (e), where the Secretary has concurred in the certification referenced in subsection

(a)and where the Governor of a State or the head of a governing body of an Indian tribe determines there is a need for activities or construction of specific public facilities related to the coal or minerals industry in States impacted by coal or minerals development and the Secretary concurs in such need, then the State or Indian tribe, as the case may be, may use annual grants made available under section 1232(g)(1) of this title to carry out such activities or construction.

(g)Application of other provisions The provisions of sections 1237 and 1238 of this title shall apply to subsections

(a)through

(e)of this section, except that for purposes of this section the references to coal in sections 1237 and 1238 of this title shall not apply.

(h)Payments to States and Indian tribes

(1)In general

(A)Payments

(i)In general Notwithstanding section 1231(f)(3)(B) of this title, from funds referred to in section 1232(i)(2) of this title, the Secretary shall make payments to States or Indian tribes for the amount due for the aggregate unappropriated amount allocated to the State or Indian tribe under subparagraph

(A)or

(B)of section 1232(g)(1) of this title.

(ii)Conversion as equivalent payments Amounts allocated under subparagraph

(A)or

(B)of section 1232(g)(1) of this title shall be reallocated to the allocation established in section 1232(g)(5) of this title in amounts equivalent to payments made to States or Indian tribes under this paragraph.

(B)Amount due In this paragraph, the term “amount due” means the unappropriated amount allocated to a State or Indian tribe before October 1, 2007, under subparagraph

(A)or

(B)of section 1232(g)(1) of this title.

(C)Schedule

(i)In general Payments under subparagraph

(A)shall be made in 7 equal annual installments, beginning with fiscal year 2008.

(ii)Certain payments required Not withstanding any other provision of this chapter, as soon as practicable, but not later than December 10, 2015, of the 7 equal installments referred to in clause (i), the Secretary shall pay to any certified State or Indian tribe to which the total annual payment under this subsection was limited to $15,000,000 in 2013 and $28,000,000 in fiscal year 2014—

(I)the final 2 installments in 2 separate payments of $82,700,000 each; and

(II)2 separate payments of $38,250,000 each.

(D)Use of funds

(i)Certified States and Indian tribes A State or Indian tribe that makes a certification under subsection

(a)in which the Secretary concurs shall use any amounts provided under this paragraph for the purposes established by the State legislature or tribal council of the Indian tribe, with priority given for addressing the impacts of mineral development.

(ii)Uncertified States and Indian tribes A State or Indian tribe that has not made a certification under subsection

(a)in which the Secretary has concurred shall use any amounts provided under this paragraph for the purposes described in section 1233 of this title.

(2)Subsequent State and Indian tribe share for certified States and Indian tribes

(A)In general Notwithstanding section 1231(f)(3)(B) of this title, from funds referred to in section 1232(i)(2) of this title, the Secretary shall pay to each certified State or Indian tribe an amount equal to the sum of the aggregate unappropriated amount allocated on or after October 1, 2007, to the certified State or Indian tribe under subparagraph

(A)or

(B)of section 1232(g)(1) of this title.

(B)Certified State or Indian tribe defined In this paragraph the term “certified State or Indian tribe” means a State or Indian tribe for which a certification is made under subsection

(a)in which the Secretary concurs.

(3)Manner of payment

(A)In general Subject to subparagraph (B), payments to States or Indian tribes under this subsection shall be made without regard to any limitation in section 1231(d) of this title and concurrently with payments to States under that section.

(B)Initial payments The first 3 payments made to any State or Indian tribe shall be reduced to 25 percent, 50 percent, and 75 percent, respectively, of the amounts otherwise required under paragraph (2)(A).

(C)Installments Amounts withheld from the first 3 annual installments as provided under subparagraph

(B)shall be paid in 2 equal annual installments beginning with fiscal year 2018.

(4)Reallocation

(A)In general The annual amount allocated under subparagraph

(A)or

(B)of section 1232(g)(1) of this title to any State or Indian tribe that makes a certification under subsection

(a)of this section in which the Secretary concurs shall be reallocated and available for grants under section 1232(g)(5) of this title.

(B)Allocation The grants shall be allocated based on the amount of coal historically produced before August 3, 1977, in the same manner as under section 1232(g)(5) of this title.

(Pub. L. 95–87, title IV, § 411, as added Pub. L. 101–508, title VI, § 6010(2), Nov. 5, 1990, 104 Stat. 1388–296; amended Pub. L. 109–432, div. C, title II, § 206, Dec. 20, 2006, 120 Stat. 3016; Pub. L. 112–141, div. F, title I, § 100125, July 6, 2012, 126 Stat. 915; Pub. L. 112–175, § 142, Sept. 28, 2012, 126 Stat. 1321; Pub. L. 113–40, § 10(d), Oct. 2, 2013, 127 Stat. 546; Pub. L. 114–94, div. D, title XLIII, § 43001, Dec. 4, 2015, 129 Stat. 1762.)

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