PUBLIC LAW 109–432—DEC. 20, 2006
120 STAT. 3009
strict compliance by the States and Indian tribes with the priorities described in section 403(a) until a certification is made under section 411(a).’’; (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking ‘‘paragraphs (2) and’’ and inserting ‘‘paragraph’’; (B) in subparagraph (A), by striking ‘‘401(c)(11)’’ and inserting ‘‘401(c)(9)’’; and (C) by adding at the end the following: ‘‘(E) For the purpose of paragraph (8).’’; (4) in paragraph (5)— (A) by inserting ‘‘(A)’’ after ‘‘(5)’’; (B) in the first sentence, by striking ‘‘40’’ and inserting ‘‘60’’; (C) in the last sentence, by striking ‘‘Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4)’’ and inserting ‘‘Funds made available under paragraph (3) or (4)’’; and (D) by adding at the end the following: ‘‘(B) Any amount that is reallocated and available under section 411(h)(3) shall be in addition to amounts that are allocated under subparagraph (A).’’; and (5) by striking paragraphs (6) through (8) and inserting the following: ‘‘(6)(A) Any State with an approved abandoned mine reclamation program pursuant to section 405 may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D), up to 30 percent of the total of the grants made annually to the State under paragraphs (1) and (5) if those amounts are deposited into an acid mine drainage abatement and treatment fund established under State law, from which amounts (together with all interest earned on the amounts) are expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. ‘‘(B) In 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 that adversely impacts biological resources; and ‘‘(ii) that contains land and water that are— ‘‘(I) eligible pursuant to section 404 and include any of the priorities described in section 403(a); and ‘‘(II) the subject of expenditures by the State from the forfeiture of bonds required under section 509 or from other States sources to abate and treat acid mine drainage. ‘‘(7) In complying with the priorities described in section 403(a), any State or Indian tribe may use amounts available in grants made annually to the State or tribe under paragraphs (1) and (5) for the reclamation of eligible land and water described in section 403(a)(3) before the completion of reclamation projects under paragraphs (1) and (2) of section 403(a) only if the expenditure of funds for the reclamation is done in conjunction with the expenditure before, on, or after the date of enactment of the Surface Mining Control and Reclamation Act Amendments of 2006 of funds for reclamation projects under paragraphs (1) and (2) of section 403(a).
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