§ 1232. — Reclamation fee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1232]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 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 35 cents per ton of coal produced by
surface coal mining and 15 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 10 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, 2004, after
which time the fee shall be established at a rate to continue to provide
for the deposit referred to in subsection (h) of this section.
(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 reports under this subsection
shall be maintained by the Secretary in a computerized database.
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\1\ So in original. Probably should be ``tipple,''.
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(d) Penalty
(1) Any person, corporate officer, agent or director, on behalf of a
coal mine operator, who knowingly makes any false statement,
representation or certification, or knowingly fails to make any
statement, representation or certification required in this section
shall, upon conviction, be punished by a fine of not more than $10,000,
or by imprisonment for not more than one year, or both.
(2) The Secretary shall conduct such audits of coal production and
the payment of fees under this subchapter as may be necessary to ensure
full compliance with the provisions of this subchapter. For purposes of
performing such audits the Secretary (or any duly designated officer,
employee, or representative of the Secretary) shall, at all reasonable
times, upon request, have access to, and may copy, all books, papers,
and other documents of any person subject to the provisions of this
subchapter. The Secretary may at any time conduct audits of any surface
coal mining and reclamation operation, including without limitation,
tipples and preparation plants, as may be necessary in the judgment of
the Secretary to ensure full and complete payment of the fees under this
subchapter.
(e) Civil action to recover fee
Any portion of the reclamation fee not properly or promptly paid
pursuant to this section shall be recoverable, with statutory interest,
from coal mine operators, in any court of competent jurisdiction in any
action at law to compel payment of debts.
(f) Cooperation from other agencies
All Federal and State agencies shall fully cooperate with the
Secretary of the Interior in the enforcement of this section. Whenever
the Secretary believes that any person has not paid the full amount of
the fee payable under subsection (a) of this section the Secretary shall
notify the Federal agency responsible for ensuring compliance with the
provisions of section 4121 of title 26.
(g) Allocation of funds
(1) Except as provided in subsection (h) of this section, moneys
deposited into the fund shall be allocated by the Secretary to
accomplish the purposes of this subchapter as follows:
(A) 50 percent of the reclamation fees collected annually in any
State (other than fees collected with respect to Indian lands) shall
be allocated annually by the Secretary to the State, subject to such
State having each of the following:
(i) An approved abandoned mine reclamation program pursuant
to section 1235 of this title.
(ii) Lands and waters which are eligible pursuant to section
1234 of this title (in the case of a State not certified under
section 1240a(a) of this title) or pursuant to section 1240a(b)
of this title (in the case of a State certified under section
1240a(a) of this title).
(B) 50 percent of the reclamation fees collected annually with
respect to Indian lands shall be allocated annually by the Secretary
to the Indian tribe having jurisdiction over such lands, subject to
such tribe having each of the following:
(i) an \2\ approved abandoned mine reclamation program
pursuant to section 1235 of this title.
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\2\ So in original. Probably should be capitalized.
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(ii) Lands and waters which are eligible pursuant to section
1234 of this title (in the case of an Indian tribe not certified
under section 1240a(a) of this title) or pursuant to section
1240a(b) of this title (in the case of a tribe certified under
section 1240a(a) of this title).
(C) The funds allocated by the Secretary under this paragraph to
States and Indian tribes shall only be used for annual reclamation
project construction and program administration grants.
(D) To the extent not expended within 3 years after the date of
any grant award under this paragraph, such grant shall be available
for expenditure by the Secretary in any area under paragraph (2),
(3), (4), or (5).
(2) 20 percent of the amounts available in the fund in any fiscal
year which are not allocated under paragraph (1) in that fiscal year
(including that interest accruing as provided in section 1231(e) of this
title and including funds available for reallocation pursuant to
paragraph (1)(D)), shall be allocated to the Secretary only for the
purpose of making the annual transfer to the Secretary of Agriculture
under section 1231(c)(2) of this title.
(3) Amounts available in the fund which are not allocated to States
and Indian tribes under paragraph (1) or allocated under paragraphs (2)
and (5) are authorized to be expended by the Secretary for any of the
following:
(A) For the purpose of section 1257(c) of this title, either
directly or through grants to the States, subject to the limitation
contained in section 1231(c)(11) of this title.
(B) For the purpose of section 1240 of this title (relating to
emergencies).
(C) For the purpose of meeting the objectives of the fund set
forth in section 1233(a) of this title for eligible lands and waters
pursuant to section 1234 of this title in States and on Indian lands
where the State or Indian tribe does not have an approved abandoned
mine reclamation program pursuant to section 1235 of this title.
(D) For the administration of this subchapter by the Secretary.
(4)(A) Amounts available in the fund which are not allocated under
paragraphs (1), (2), and (5) or expended under paragraph (3) in any
fiscal year are authorized to be expended by the Secretary under this
paragraph for the reclamation or drainage abatement of lands and waters
within unreclaimed sites which are mined for coal or which were affected
by such mining, wastebanks, coal processing or other coal mining
processes and left in an inadequate reclamation status.
(B) Funds made available under this paragraph may be used for
reclamation or drainage abatement at a site referred to in subparagraph
(A) if the Secretary makes either of the following findings:
(i) A finding that the surface coal mining operation occurred
during the period beginning on August 4, 1977, and ending on or
before the date on which the Secretary approved a State program
pursuant to section 1253 of this title for a State in which the site
is located, and that any funds for reclamation or abatement which
are available pursuant to a bond or other form of financial
guarantee or from any other source are not sufficient to provide for
adequate reclamation or abatement at the site.
(ii) A finding that the surface coal mining operation occurred
during the period beginning on August 4, 1977, and ending on or
before November 5, 1990, and that the surety of such mining operator
became insolvent during such period, and as of November 5, 1990,
funds immediately available from proceedings relating to such
insolvency, or from any financial guarantee or other source are not
sufficient to provide for adequate reclamation or abatement at the
site.
(C) In determining which sites to reclaim pursuant to this
paragraph, the Secretary shall follow the priorities stated in
paragraphs (1) and (2) of section 1233(a) of this title. The Secretary
shall ensure that priority is given to those sites which are in the
immediate vicinity of a residential area or which have an adverse
economic impact upon a local community.
(D) Amounts collected from the assessment of civil penalties under
section 1268 of this title are authorized to be appropriated to carry
out this paragraph.
(E) Any State may expend grants made available under paragraphs (1)
and (5) for reclamation and abatement of any site referred to in
subparagraph (A) if the State, with the concurrence of the Secretary,
makes either of the findings referred to in clause (i) or (ii) of
subparagraph (B) and if the State determines that the reclamation
priority of the site is the same or more urgent than the reclamation
priority for eligible lands and waters pursuant to section 1234 of this
title under the priorities stated in paragraphs (1) and (2) of section
1233(a) of this title.
(F) For the purposes of the certification referred to in section
1240a(a) of this title, sites referred to in subparagraph (A) of this
paragraph shall be considered as having the same priorities as those
stated in section 1233(a) of this title for eligible lands and waters
pursuant to section 1234 of this title. All sites referred to in
subparagraph (A) of this paragraph within any State shall be reclaimed
prior to such State making the certification referred to in section
1240a(a) of this title.
(5) The Secretary shall allocate 40 percent of the amount in the
fund after making the allocation referred to in paragraph (1) for making
additional annual grants to States and Indian tribes which are not
certified under section 1240a(a) of this title to supplement grants
received by such States and Indian tribes pursuant to paragraph (1)(C)
until the priorities stated in paragraphs (1) and (2) of section 1233(a)
of this title have been achieved by such State or Indian tribe. The
allocation of such funds for the purpose of making such expenditures
shall be through a formula based on the amount of coal historically
produced in the State or from the Indian lands concerned prior to August
3, 1977. Funds allocated or expended by the Secretary under paragraphs
(2), (3), or (4) of this subsection for any State or Indian tribe shall
not be deducted against any allocation of funds to the State or Indian
tribe under paragraph (1) or under this paragraph.
(6) Any State may receive and retain, without regard to the 3-year
limitation referred to in paragraph (1)(D), up to 10 percent of the
total of the grants made annually to such State under paragraphs (1) and
(5) if such amounts are deposited into either--
(A) a special trust fund established under State law pursuant to
which such amounts (together with all interest earned on such
amounts) are expended by the State solely to achieve the priorities
stated in section 1233(a) of this title after September 30, 1995, or
(B) an acid mine drainage abatement and treatment fund
established under State law as provided in paragraph (7).
(7)(A) Any State may establish under State law an acid mine drainage
abatement and treatment fund from which amounts (together with all
interest earned on such amounts) are expended by the State to implement,
in consultation with the Soil Conservation Service, acid mine drainage
abatement and treatment plans approved by the Secretary. Such plans
shall provide for the comprehensive abatement of the causes and
treatment of the effects of acid mine drainage within qualified
hydrologic units affected by coal mining practices.
(B) The plan shall include, but shall not be limited to, each of the
following:
(i) An identification of the qualified hydrologic unit.
(ii) The extent to which acid mine drainage is affecting the
water quality and biological resources within the hydrologic unit.
(iii) An identification of the sources of acid mine drainage
within the hydrologic unit.
(iv) An identification of individual projects and the measures
proposed to be undertaken to abate and treat the causes or effects
of acid mine drainage within the hydrologic unit.
(v) The cost of undertaking the proposed abatement and treatment
measures.
(vi) An identification of existing and proposed sources of
funding for such measures.
(vii) An analysis of the cost-effectiveness and environmental
benefits of abatement and treatment measures.
(C) The Secretary may approve any plan under this paragraph only
after determining that such plan meets the requirements of this
paragraph. In conducting an analysis of the items referred to in clauses
(iv), (v), and (vii) the Director of the Office of Surface Mining shall
obtain the comments of the Director of the United States Bureau of
Mines. In approving plans under this paragraph, the Secretary shall give
a priority to those plans which will be implemented in coordination with
measures undertaken by the Secretary of Agriculture under section 1236
of this title.
(D) For purposes of this paragraph, the term ``qualified hydrologic
unit'' means a hydrologic unit--
(i) in which the water quality has been significantly affected
by acid mine drainage from coal mining practices in a manner which
adversely impacts biological resources; and
(ii) which contains lands and waters which are--
(I) eligible pursuant to section 1234 of this title and
include any of the priorities stated in paragraph (1), (2), or
(3) of section 1233(a) of this title; and
(II) proposed to be the subject of the expenditures by the
State (from amounts available from the forfeiture of bonds
required under section 1259 of this title or from other State
sources) to mitigate acid mine drainage.
(8) Of the funds available for expenditure under this subsection in
any fiscal year, the Secretary shall allocate annually not less than
$2,000,000 for expenditure in each State, and for each Indian tribe,
having an approved abandoned mine reclamation program pursuant to
section 1235 of this title and eligible lands and waters pursuant to
section 1234 of this title so long as an allocation of funds to such
State or such tribe is necessary to achieve the priorities stated in
paragraphs (1) and (2) of section 1233(a) of this title.
(h) Transfer of funds to Combined Fund
(1) In the case of any fiscal year beginning on or after October 1,
1995, with respect to which fees are required to be paid under this
section, the Secretary shall, as of the beginning of such fiscal year
and before any allocation under subsection (g) of this section, make the
transfer provided in paragraph (2).
(2) The Secretary shall transfer from the fund to the United Mine
Workers of America Combined Benefit Fund established under section 9702
of title 26 for any fiscal year an amount equal to the sum of--
(A) the amount of the interest which the Secretary estimates
will be earned and paid to the Fund during the fiscal year, plus
(B) the amount by which the amount described in subparagraph (A)
is less than $70,000,000.
(3)(A) The aggregate amount which may be transferred under paragraph
(2) for any fiscal year shall not exceed the amount of expenditures
which the trustees of the Combined Fund estimate will be debited against
the unassigned beneficiaries premium account under section 9704(e) of
title 26 for the fiscal year of the Combined Fund in which the transfer
is made.
(B) The aggregate amount which may be transferred under paragraph
(2)(B) for all fiscal years shall not exceed an amount equivalent to all
interest earned and paid to the fund after September 30, 1992, and
before October 1, 1995.
(4) If, for any fiscal year, the amount transferred is more or less
than the amount required to be transferred, the Secretary shall
appropriately adjust the amount transferred for the next fiscal year.
(Pub. L. 95-87, title IV, Sec. 402, Aug. 3, 1977, 91 Stat. 457; Pub. L.
100-34, title I, Sec. 101, May 7, 1987, 101 Stat. 300; Pub. L. 101-508,
title VI, Secs. 6003, 6004, Nov. 5, 1990, 104 Stat. 1388-290, 1388-291;
Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172; Pub. L. 102-
486, title XIX, Sec. 19143(b)(1), (2), (3)(B), title XXV, Sec. 2515,
Oct. 24, 1992, 106 Stat. 3056, 3113.)
Codification
November 5, 1990, referred to in subsec. (g)(4)(B)(ii), was in the
original ``the date of enactment of this paragraph'', which was
translated as meaning the date of enactment of Pub. L. 101-508, which
amended this section generally, to reflect the probable intent of
Congress.
Amendments
1992--Subsec. (b). Pub. L. 102-486, Sec. 2515, which directed that
subsec. (b) be amended by substituting ``2004, after which time the fee
shall be established at a rate to continue to provide for the deposit
referred to in subsection (h) of this section'' for ``1995'', was
executed by inserting ``, after which time the fee shall be established
at a rate to continue to provide for the deposit referred to in
subsection (h) of this section'' after ``2004'', to reflect the probable
intent of Congress and the intervening amendment by Pub. L. 102-486,
Sec. 19143(b)(1). See below.
Pub. L. 102-486, Sec. 19143(b)(1), substituted ``2004'' for ``1995''
before period at end.
Subsec. (g)(1). Pub. L. 102-486, Sec. 19143(b)(3)(B), substituted
``Except as provided in subsection (h) of this section, moneys'' for
``Moneys''.
Subsec. (h). Pub. L. 102-486, Sec. 19143(b)(2), added subsec. (h).
1990--Subsec. (b). Pub. L. 101-508, Sec. 6003(a), substituted
``ending September 30, 1995'' for ``ending fifteen years after August 3,
1977, unless extended by an Act of Congress''.
Subsec. (c). Pub. L. 101-508, Sec. 6003(b), inserted at end ``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, 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 reports under this subsection
shall be maintained by the Secretary in a computerized database.''
Subsec. (d). Pub. L. 101-508, Sec. 6003(c), designated existing
provisions as par. (1) and added par. (2).
Subsec. (f). Pub. L. 101-508, Sec. 6003(d), inserted at end
``Whenever the Secretary believes that any person has not paid the full
amount of the fee payable under subsection (a) of this section the
Secretary shall notify the Federal agency responsible for ensuring
compliance with the provisions of section 4121 of title 26.''
Subsec. (g). Pub. L. 101-508, Sec. 6004, amended subsec. (g)
generally, substituting present provisions for provisions relating to
geographic allocation of expenditures from the fund, providing for
allocation of 50 percent of funds collected annually in any State or
Indian reservation to that State or Indian reservation pursuant to
approved reclamation program, providing for special State set-aside for
future expenditure, and authorizing expenditure of balance of funds
collected at discretion of Secretary in order to meet the purposes of
this subchapter.
1987--Subsec. (g)(3), (4). Pub. L. 100-34 added par. (3) and
redesignated former par. (3) as (4).
Change of Name
``United States Bureau of Mines'' substituted for ``Bureau of
Mines'' in subsec. (g)(7)(C) pursuant to section 10(b) of Pub. L. 102-
285, set out as a note under section 1 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
6014 of Pub. L. 101-508 set out as a note under section 1231 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 1231, 1233, 1234, 1235,
1239, 1240a, 1251a, 1291 of this title; title 26 section 9705.
