Page:United States Statutes at Large Volume 104 Part 2.djvu/705

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-297 "(c) PRIORITIES. —Expenditures of moneys for lands, waters, and facilities referred to in subsection (b) shall reflect the following objectives and priorities in the order stated (in lieu of the priorities set forth in section 403): "(1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices. "(2) The protection of public health, safety, and general welfare from adverse effects of mineral mining and processing practices. "(3) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices. "(d) SPECIFIC SITES AND AREAS NOT ELIGIBLE. — Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section. "(e) UTIUTIES AND OTHER FACILITIES.— Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to water supply, roads, and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth, and undertaken as they relate to, the priorities stated in subsection (c). "(f) Notwithstanding subsection (e), where the Secretary has concurred in the certification referenced in subsection (a) and where the Governor of a State or the head of a governing body of an Indian tribe determines there is a need for activities or construction of specific public facilities related to the coal or minerals industry in States impacted by coal or minerals development and the Secretary concurs in such need, then the State or Indian tribe, as the case may be, may use annual grants made available under section 402(g)(1) to carry out such activities or construction. "(g) APPLICATION OF OTHER PROVISIONS.—The provisions of sections 407 and 408 shall apply to subsections (a) through (e) of this section, except that for purposes of this section the references to coal in sections 407 and 408 shall not apply.". SEC. 6011. SMALL OPERATOR ASSISTANCE. Section 507(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1257(c)) is amended by striking "100,000" and . inserting "300,000". SEC. 6012. TECHNICAL AND CONFORMING AMENDMENTS. (a) TABLE OF CONTENTS.—The table of contents in the first section of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) is amended as follows: (1) Redesignate the items relating to sections 411, 412, and 413 as items 412, 413, and 414, respectively. (2) Insert after the item relating to section 410 the following: "Sec. 411. Certification.". 39-194O- 91- 23:QL3Part 2