Abandoned Mine Reclamation Fund (30 U.S.C. § 1231(b)(3))

Page 237

TITLE 30—MINERAL LANDS AND MINING

trol and Reclamation Act of 1977 (91 Stat. 445) shall
continue to be eligible pursuant to this subchapter for
a period of four fiscal years beginning October 1, 1984.’’

§ 1230a. Strategic Resources Generic Mineral
Technology Center
(a) Establishment
The Secretary of 1 Interior is authorized and
directed to establish a Strategic Resources Mineral Technology Center (hereinafter referred to
as the ‘‘center’’) for the purpose of improving
existing, and developing new, technologies that
will decrease the dependence of the United
States on supplies of strategic and critical minerals.
(b) Functions
The center shall—
(1) provide for studies and technology development in the areas of mineral extraction and
refining processes, product substitution and
conservation of mineral resources through recycling and advanced processing and fabrication methods;
(2) identify new deposits of strategic and
critical mineral resources; and
(3) facilitate the transfer of information,
studies, and technologies developed by the
center to the private sector.
(c) Criteria
The Secretary shall establish the center referred to in subsection (a) of this section at a
university that—
(1) does not currently host a generic mineral
technology center;
(2) has established advanced degree programs in geology and geological engineering,
and metallurgical and mining engineering;
(3) has expertise in materials and advanced
processing research; and
(4) is located west of the 100th meridian.
(d) Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this section.
(Pub. L. 98–409, § 12, as added Pub. L. 101–498, § 2,
Nov. 2, 1990, 104 Stat. 1207.)
CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.

SUBCHAPTER IV—ABANDONED MINE
RECLAMATIONS
§ 1231. Abandoned Mine Reclamation Fund
(a) Establishment; administration; State funds
There is created on the books of the Treasury
of the United States a trust fund to be known as
the Abandoned Mine Reclamation Fund (hereinafter referred to as the ‘‘fund’’) which shall be
administered by the Secretary of the Interior.
State abandoned mine reclamation funds (State
funds) generated by grants from this subchapter
shall be established by each State pursuant to
an approved State program.
1 So

in original. Probably should be ‘‘of the’’.

§ 1231

(b) Sources of deposits to fund
The fund shall consist of amounts deposited in
the fund, from time to time derived from—
(1) the reclamation fees levied under section
1232 of this title;
(2) any user charge imposed on or for land
reclaimed pursuant to this subchapter after
expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the purposes of
this subchapter;
(4) recovered moneys as provided for in this
subchapter; and
(5) interest credited to the fund under subsection (e) of this section.
(c) Use of moneys
Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and
water resources adversely affected by past
coal mining, including but not limited to reclamation and restoration of abandoned surface
mine areas, abandoned coal processing areas,
and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries
and voids; planting of land adversely affected
by past coal mining to prevent erosion and
sedimentation; prevention, abatement, treatment, and control of water pollution created
by coal mine drainage including restoration of
stream beds, and construction and operation
of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of coal mine subsidence; and establishment of self-sustaining,
individual State administered programs to insure private property against damages caused
by land subsidence resulting from underground coal mining in those States which have
reclamation plans approved in accordance
with section 1253 of this title: Provided, That
funds used for this purpose shall not exceed
$3,000,000 of the funds made available to any
State under section 1232(g)(1) of this title;
(2) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under
section 1239 of this title;
(3) acquisition of land as provided for in this
subchapter;
(4) enforcement and collection of the reclamation fee provided for in section 1232 of
this title;
(5) restoration, reclamation, abatement,
control, or prevention of adverse effects of
coal mining which constitutes an emergency
as provided for in this subchapter;
(6) grants to the States to accomplish the
purposes of this subchapter;
(7) administrative expenses of the United
States and each State to accomplish the purposes of this subchapter;
(8) for use under section 1240a of this title;
(9) for the purpose of section 1257(c) of this
title, except that not more than $10,000,000
shall annually be available for such purpose;
(10) for the purpose described in section
1232(h) of this title; and
(11) all other necessary expenses to accomplish the purposes of this subchapter.

§ 1231

TITLE 30—MINERAL LANDS AND MINING

(d) Availability of moneys; no fiscal year limitation
(1) In general
Moneys from the fund for expenditures
under subparagraphs (A) through (D) of section 1232(g)(3) of this title shall be available
only when appropriated for those subparagraphs.
(2) No fiscal year limitation
Appropriations described in paragraph (1)
shall be made without fiscal year limitation.
(3) Other purposes
Moneys from the fund shall be available for
all other purposes of this subchapter without
prior appropriation as provided in subsection
(f).
(e) Interest
The Secretary of the Interior shall notify the
Secretary of the Treasury as to what portion of
the fund is not, in his judgment, required to
meet current withdrawals. The Secretary of the
Treasury shall invest such portion of the fund in
public debt securities with maturities suitable
for achieving the purposes of the transfers under
section 1232(h) of this title and bearing interest
at rates determined by the Secretary of the
Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall
be credited to, and form a part of, the fund for
the purpose of the transfers under section 1232(h)
of this title.
(f) General limitation on obligation authority
(1) In general
From amounts deposited into the fund under
subsection (b), the Secretary shall distribute
during each fiscal year beginning after September 30, 2007, an amount determined under
paragraph (2).
(2) Amounts
(A) For fiscal years 2008 through 2022
For each of fiscal years 2008 through 2022,
the amount distributed by the Secretary
under this subsection shall be equal to—
(i) the amounts deposited into the fund
under paragraphs (1), (2), and (4) of subsection (b) for the preceding fiscal year
that were allocated under paragraphs (1)
and (5) of section 1232(g) of this title; plus
(ii) the amount needed for the adjustment under section 1232(g)(8) of this title
for the current fiscal year.
(B) Fiscal years 2023 and thereafter
For fiscal year 2023 and each fiscal year
thereafter, to the extent that funds are
available, the Secretary shall distribute an
amount equal to the amount distributed
under subparagraph (A) during fiscal year
2022.
(3) Distribution
(A) In general
Except as provided in subparagraph (B),
for each fiscal year, of the amount to be distributed to States and Indian tribes pursu-

Page 238

ant to paragraph (2), the Secretary shall distribute—
(i) the amounts allocated under paragraph (1) of section 1232(g) of this title, the
amounts allocated under paragraph (5) of
section 1232(g) of this title, and any
amount
reallocated
under
section
1240a(h)(3) of this title in accordance with
section 1240a(h)(2) of this title, for grants
to States and Indian tribes under section
1232(g)(5) of this title; and
(ii) the amounts allocated under section
1232(g)(8) of this title.
(B) Exclusion
Beginning on October 1, 2007, certified
States shall be ineligible to receive amounts
under section 1232(g)(1) of this title.
(4) Availability
Amounts in the fund available to the Secretary for obligation under this subsection
shall be available until expended.
(5) Addition
(A) In general
Subject to subparagraph (B), the amount
distributed under this subsection for each
fiscal year shall be in addition to the
amount appropriated from the fund during
the fiscal year.
(B) Exceptions
Notwithstanding
paragraph
(3),
the
amount distributed under this subsection for
the first 4 fiscal years beginning on and after
October 1, 2007, shall be equal to the following percentage of the amount otherwise required to be distributed:
(i) 50 percent in fiscal year 2008.
(ii) 50 percent in fiscal year 2009.
(iii) 75 percent in fiscal year 2010.
(iv) 75 percent in fiscal year 2011.
(Pub. L. 95–87, title IV, § 401, Aug. 3, 1977, 91 Stat.
456; Pub. L. 98–473, title I, § 101(c) [title III, § 324],
Oct. 12, 1984, 98 Stat. 1837, 1875; Pub. L. 101–508,
title VI, § 6002, Nov. 5, 1990, 104 Stat. 1388–289;
Pub. L. 102–486, title XIX, § 19143(b)(3)(A), title
XXV, § 2504(c)(1), Oct. 24, 1992, 106 Stat. 3056, 3105;
Pub. L. 109–432, div. C, title II, § 201(a), Dec. 20,
2006, 120 Stat. 3006.)
AMENDMENTS
2006—Subsec. (c)(2) to (13). Pub. L. 109–432, § 201(a)(1),
redesignated pars. (3) to (5) and (7) to (13) as (2) to (4)
and (5) to (11), respectively, and struck out former pars.
(2) and (6) which read as follows:
‘‘(2) for transfer on an annual basis to the Secretary
of Agriculture for use under section 1236 of this title;’’
and
‘‘(6) studies, research, and demonstration projects by
the Department of the Interior to such extent or in
such amounts as are provided in appropriation Acts
with public and private organizations conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986, conducted for the purposes of
this subchapter;’’.
Subsec. (d). Pub. L. 109–432, § 201(a)(2), added subsec.
(d) and struck out former subsec. (d) which read as follows: ‘‘Moneys from the fund shall be available for the
purposes of this subchapter, only when appropriated
therefor, and such appropriations shall be made without fiscal year limitations.’’
Subsec. (e). Pub. L. 109–432, § 201(a)(3), in second sentence, substituted ‘‘achieving the purposes of the trans-

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TITLE 30—MINERAL LANDS AND MINING

fers under section 1232(h) of this title’’ for ‘‘the needs
of such fund’’ and, in third sentence, inserted ‘‘for the
purpose of the transfers under section 1232(h) of this
title’’ before period at end.
Subsec. (f). Pub. L. 109–432, § 201(a)(4), added subsec.
(f).
1992—Subsec. (c)(6). Pub. L. 102–486, § 2504(c)(1), substituted
‘‘studies,
research,
and
demonstration
projects’’ for ‘‘studies’’ and struck out ‘‘to provide information, advice, and technical assistance, including
research and demonstration projects’’ after ‘‘private organizations’’.
Subsec. (c)(12), (13). Pub. L. 102–486, § 19143(b)(3)(A),
added par. (12) and redesignated former par. (12) as (13).
1990—Subsec. (b)(1). Pub. L. 101–508, § 6002(a)(1),
amended par. (1) generally. Prior to amendment, par.
(1) read as follows: ‘‘the reclamation fees levied under
section 1232 of this title: Provided, That an amount not
to exceed 10 per centum of such reclamation fees collected for any calendar quarter shall be reserved beginning in the first calendar year in which the fee is imposed and continuing for the remainder of that fiscal
year and for the period in which such fee is imposed by
law, for the purpose of section 1257(c) of this title, subject to appropriation pursuant to authorization under
section 1302 of this title: Provided further, That not
more than $10,000,000 shall be available for such purposes;’’.
Subsec. (b)(5). Pub. L. 101–508, § 6002(a)(2), added par.
(5).
Subsec. (c)(1). Pub. L. 101–508, § 6002(b)(1), substituted
‘‘section 1232(g)(1)’’ for ‘‘section 1232(g)(2)’’.
Subsec. (c)(2). Pub. L. 101–508, § 6002(b)(2), amended
par. (2) generally. Prior to amendment, par. (2) read as
follows: ‘‘for use under section 1236 of this title, by the
Secretary of Agriculture, of up to one-fifth of the
money deposited in the funds annually and transferred
by the Secretary of the Interior to the Secretary of Agriculture for such purposes;’’.
Subsec. (c)(6). Pub. L. 101–508, § 6002(b)(3), struck out
‘‘by contract’’ after ‘‘Department of the Interior’’ and
inserted ‘‘conducted in accordance with section 3501 of
the Omnibus Budget Reconciliation Act of 1986’’ after
‘‘projects’’.
Subsec. (c)(10) to (12). Pub. L. 101–508, § 6002(b)(5),
added pars. (10) and (11) and redesignated former par.
(10) as (12).
Subsec. (e). Pub. L. 101–508, § 6002(c), added subsec. (e).
1984—Subsec. (c)(1). Pub. L. 98–473 inserted at end
‘‘and establishment of self-sustaining, individual State
administered programs to insure private property
against damages caused by land subsidence resulting
from underground coal mining in those States which
have reclamation plans approved in accordance with
section 1253 of this title: Provided, That funds used for
this purpose shall not exceed $3,000,000 of the funds
made available to any State under section 1232(g)(2) of
this title;’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–508, title VI, § 6014, Nov. 5, 1990, 104 Stat.
1388–298, provided that: ‘‘The amendments made by this
subtitle [subtitle A (§§ 6001–6014) of title VI of Pub. L.
101–508, enacting section 1240a of this title and amending this section and sections 1232 to 1237, 1239, 1257, and
1302 of this title] shall take effect at the beginning of
the first fiscal year [Oct. 1, 1991] immediately following
the fiscal year in which this subtitle is enacted.’’
SAVINGS PROVISION
Pub. L. 101–508, title VI, § 6013, Nov. 5, 1990, 104 Stat.
1388–298, provided that: ‘‘Nothing in this subtitle [subtitle A (§§ 6001–6014) of title VI of Pub. L. 101–508, see
Short Title of 1990 Amendment note set out under section 1201 of this title] shall be construed to affect the
certifications made by the State of Wyoming, the State
of Montana, and the State of Louisiana to the Secretary of the Interior prior to the date of enactment of
this subtitle [Nov. 5, 1990] that such State has com-

§ 1232

pleted the reclamation of eligible abandoned coal mine
lands.’’
ABANDONED MINE RECLAMATION FUND; DEPOSIT AND
EXPENDITURE OF CERTAIN DONATIONS
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–245, provided in part: ‘‘That hereafter, donations received to support projects under the
Appalachian Clean Streams Initiative and under the
Western Mine Lands Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be credited to this
account and remain available until expended without
further appropriation for projects sponsored under
these initiatives, directly through agreements with
other Federal agencies, or through grants to States,
and funding to local governments, or tax exempt private entities.’’
ABANDONED MINE RECLAMATION RESEARCH AND
DEVELOPMENT
Pub. L. 99–509, title III, § 3501, Oct. 21, 1986, 100 Stat.
1891, as amended by Pub. L. 102–285, § 10(b), May 18, 1992,
106 Stat. 172, provided that after enactment of Pub. L.
99–509, the research and demonstration authorities of
the Department of the Interior under former subsec.
(c)(6) of this section were to be transferred to, and carried out by, the Director of the United States Bureau
of Mines.

§ 1232. Reclamation fee
(a) Payment; rate
All operators of coal mining operations subject to the provisions of this chapter shall pay
to the Secretary of the Interior, for deposit in
the fund, a reclamation fee of 28 cents per ton of
coal produced by surface coal mining and 12
cents per ton of coal produced by underground
mining or 10 per centum of the value of the coal
at the mine, as determined by the Secretary,
whichever is less, except that the reclamation
fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 8
cents per ton, whichever is less.
(b) Due date
Such fee shall be paid no later than thirty
days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September
30, 2021.
(c) Submission of statement
Together with such reclamation fee, all operators of coal mine operations shall submit a
statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of
which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal
mining operation, any operator in addition to
the permittee, the owner of the coal, the preparation plant, tripple,1 or loading point for the
coal, and the person purchasing the coal from
the operator. The report shall also specify the
number of the permit required under section
1256 of this title and the mine safety and health
identification number. Each quarterly report
shall contain a notification of any changes in
the information required by this subsection
since the date of the preceding quarterly report.
The information contained in the quarterly re1 So

in original. Probably should be ‘‘tipple,’’.