Page:United States Statutes at Large Volume 120.djvu/3039

 120 STAT. 3008

PUBLIC LAW 109–432—DEC. 20, 2006

‘‘(4) AVAILABILITY.—Amounts in the fund available to the Secretary for obligation under this subsection shall be available until expended. ‘‘(5) ADDITION.— ‘‘(A) IN GENERAL.—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. ‘‘(B) EXCEPTIONS.—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: ‘‘(i) 50 percent in fiscal year 2008. ‘‘(ii) 50 percent in fiscal year 2009. ‘‘(iii) 75 percent in fiscal year 2010. ‘‘(iv) 75 percent in fiscal year 2011.’’. (b) CONFORMING AMENDMENT.—Section 712(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ‘‘section 401(c)(11)’’ and inserting ‘‘section 401(c)(9)’’. SEC. 202. RECLAMATION FEE. Effective dates. 30 USC 1232 note.

30 USC 1232 note.

Effective date. 30 USC 1232 note.

VerDate 14-DEC-2004

09:16 Jul 13, 2007

(a) AMOUNTS.— (1) FISCAL YEARS 2008–2012.—Effective October 1, 2007, section 402(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended— (A) by striking ‘‘35’’ and inserting ‘‘31.5’’; (B) by striking ‘‘15’’ and inserting ‘‘13.5’’; and (C) by striking ‘‘10 cents’’ and inserting ‘‘9 cents’’. (2) FISCAL YEARS 2013–2021.—Effective October 1, 2012, section 402(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) (as amended by paragraph (1)) is amended— (A) by striking ‘‘31.5’’ and inserting ‘‘28’’; (B) by striking ‘‘13.5’’ and inserting ‘‘12’’; and (C) by striking ‘‘9 cents’’ and inserting ‘‘8 cents’’. (b) DURATION.—Effective September 30, 2007, section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) (as amended by section 7007 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 484)) is amended by striking ‘‘September 30, 2007’’ and all that follows through the end of the sentence and inserting ‘‘September 30, 2021.’’. (c) ALLOCATION OF FUNDS.—Section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended— (1) in paragraph (1)(D)— (A) by inserting ‘‘(except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years)’’ after ‘‘this paragraph’’; and (B) by striking ‘‘in any area under paragraph (2), (3), (4), or (5)’’ and inserting ‘‘under paragraph (5)’’; (2) by striking paragraph (2) and inserting: ‘‘(2) In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall ensure

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