30 U.S.C. § 1231
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.
The fund shall consist of amounts deposited in the fund, from time to time derived from-
Moneys in the fund may be used for the following purposes:
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.
Appropriations described in paragraph (1) shall be made without fiscal year limitation.
Moneys from the fund shall be available for all other purposes of this subchapter without prior appropriation as provided in subsection (f).
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.
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).
For each of fiscal years 2008 through 2035, the amount distributed by the Secretary under this subsection shall be equal to-
For fiscal year 2036 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 2035.
Except as provided in subparagraph (B), for each fiscal year, of the amount to be distributed to States and Indian tribes pursuant to paragraph (2), the Secretary shall distribute-
Beginning on October 1, 2007, certified States shall be ineligible to receive amounts under section 1232(g)(1) of this title.
Amounts in the fund available to the Secretary for obligation under this subsection shall be available until expended.
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.
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:
30 U.S.C. § 1231
EDITORIAL NOTES
AMENDMENTS2021-Subsec. (f)(2)(A). Pub. L. 117-58, §40703(1), substituted "2035" for "2022" in heading and in introductory provisions.Subsec. (f)(2)(B). Pub. L. 117-58, §40703(2), substituted "2036" for "2023" in heading and "2036" for "2023" and "2035" for "2022" in text.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 transfers 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;".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-508, title VI, §60146014,, 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, §60136013,, 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 completed the reclamation of eligible abandoned coal mine lands."
WAGE RATE REQUIREMENTSFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117-58 including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
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 DEVELOPMENTPub. 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.