Page:United States Statutes at Large Volume 101 Part 1.djvu/330

 101 STAT. 300

PUBLIC LAW 100-34—MAY 7, 1987

Public Law 100-34 100th Congress

8K OGi aas A n Act

May 7, 1987 [H.R. 1963]

To amend the Surface Mining Control and Reclamation Act of 1977 to permit States to set aside in a special trust fund up to 10 per centum of the annual State funds from the Abandoned Mine Land Reclamation Fund for expenditure in the future for purposes of abandoned mine reclamation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—SPECIAL STATE SET-ASIDE SEC. 101. AMENDMENT OF SURFACE MINING CONTROL AND RECLAMATION ACT.

30 USC 1232.

Section 402(g) of the Surface Mining Control and Reclamation Act of 1977 is amended by redesignating paragraph (3) as paragraph (4) and by adding the rollowing new paragraph after paragraph (2): "(3) SPECIAL STATE SET-ASIDE FOR FUTURE EXPENDITURE.—Not-

30 USC 1253.

withstanding the proviso contained in paragraph (2), any State may receive and retain, without regard to the three-year limitation referred to in such proviso, up to ten per centum of the appropriated funds granted annually by the Secretary to that State under paragraph (2) if such moneys are deposited in a special trust fund established under State law and such moneys (together with all interest earned on such moneys) may be expended by the State solely to accomplish the purposes of this title after August 3, 1992. All moneys so deposited in special State trust accounts, as well as all interest earned, shall be considered State moneys. This paragraph shall cease to apply to any State for fiscal years crfter any fiscal year in which approval of the State regulatory program under section 503 is terminated or withdrawn by the Secretary until the first subsequent fiscal year after the fiscal year in which the Secretary reapproves the State program.". TITLE II—TWO-ACRE EXEMPTION SEC. 201. REPEAL OF EXEMPTION.

30 USC 1278 note. ^^30 USC 1278 note. ^°^^-

(a) REPEAL.—Section 528 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1278) is amended as follows: (1) In paragraph (1), insert "and" immediately after "him;". (2) Strike out paragraph (2). (3) Redesignate paragraph (3) as (2). (b) EFFECTIVE DATE FOR NEW OPERATIONS.—The amendments made by this section shall take effect on the date 30 days after the enactment of this Act with respect to each operator commencing surface coal mining operations on or after such date. (c) EFFECTIVE DATE FOR EXISTING OPERATIONS.—The amendments made by this section shall take effect on the date 6 months after the enactment of this Act with respect to each operator commencing surface coal mining operations pursuant to an authorization under

�