Page:United States Statutes at Large Volume 104 Part 2.djvu/704

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104 STAT. 1388-296 PUBLIC LAW 101-508—NOV. 5, 1990 SEC. 6009. VOIDS AND TUNNELS. Section 409 of the the ^^ Surface Mining Control and Reclamation Act of 1977 (30 U.S.C 1239) is amended— (1) in subsection (a) by striking "chairman of any tribe" and inserting in lieu thereof "the governing body of an Indian tribe"; (2) in subsection (b), by striking "or Indian reservations under the provisions of subsection 402(g)" and inserting "or Indian tribes under the provisions of paragraphs (1) and (5) of section 402(g)"; and (3) by amending subsection (c) to read as follows: "(c)(l) The Secretary may make expenditures and carry out the purposes of this section in such States where requests are made by the Governor or governing body of an Indian tribe for those reclamation projects which meet the priorities stated in section 403(a)(l), except that for the purposes of this section the reference to coal in section 403(a)(1) shall not apply. "(2) The provisions of section 404 shall apply to this section, with the exception that such mined lands need not have been mined for coal. "(3) The Secretary shall not make any expenditures for the purposes of this section in those States which have made the certification referred to in section 411(a).". SEC. 6010. CERTIFICATION. Title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended as follows: 30 USC (1) Redesignate sections 411, 412, and 413 as sections 412, 413, 1241-1243. and 414, respectively. (2) Insert after section 410 the following new section: 30 USC 1240a. "SEC. 411. CERTIFICATION. " (a) CERTIFICATION OF COMPLETION OF COAL RECLAMATION. — 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 405 may certify to the Secretary that all of the priorities stated in section 403(a) for eligible lands and waters pursuant to section 404 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. "(b) EuGiBLE LANDS, WATERS, AND FACILITIES.—I f 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 402(g)(1), section 404 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. o So in original. Probably should be "of the Surface".