Page:United States Statutes at Large Volume 120.djvu/3050

 PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3019

‘‘(ii) conduct remining activities that meet the priorities specified in paragraph (1) or (2) of section 403(a). ‘‘(B) AMOUNT.—The amount of a rebate or waiver provided as an incentive under paragraph (1)(A) to remine or reclaim eligible land shall not exceed the estimated cost of reclaiming the eligible land under this section.’’. SEC. 208. EXTENSION OF LIMITATION ON APPLICATION OF PROHIBITION ON ISSUANCE OF PERMIT.

Section 510(e) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking the last sentence. SEC. 209. TRIBAL REGULATION OF SURFACE COAL MINING AND RECLAMATION OPERATIONS.

(a) IN GENERAL.—Section 710 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1300) is amended by adding at the end the following: ‘‘(j) TRIBAL REGULATORY AUTHORITY.— ‘‘(1) TRIBAL REGULATORY PROGRAMS.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, an Indian tribe may apply for, and obtain the approval of, a tribal program under section 503 regulating in whole or in part surface coal mining and reclamation operations on reservation land under the jurisdiction of the Indian tribe using the procedures of section 504(e). ‘‘(B) REFERENCES TO STATE.—For purposes of this subsection and the implementation and administration of a tribal program under title V, any reference to a ‘State’ in this Act shall be considered to be a reference to a ‘tribe’. ‘‘(2) CONFLICTS OF INTEREST.— ‘‘(A) IN GENERAL.—The fact that an individual is a member of an Indian tribe does not in itself constitute a violation of section 201(f). ‘‘(B) EMPLOYEES OF TRIBAL REGULATORY AUTHORITY.— Any employee of a tribal regulatory authority shall not be eligible for a per capita distribution of any proceeds from coal mining operations conducted on Indian reservation lands under this Act. ‘‘(3) SOVEREIGN IMMUNITY.—To receive primary regulatory authority under section 504(e), an Indian tribe shall waive sovereign immunity for purposes of section 520 and paragraph (4). ‘‘(4) JUDICIAL REVIEW.— ‘‘(A) CIVIL ACTIONS.— ‘‘(i) IN GENERAL.—After exhausting all tribal remedies with respect to a civil action arising under a tribal program approved under section 504(e), an interested party may file a petition for judicial review of the civil action in the United States circuit court for the circuit in which the surface coal mining operation named in the petition is located. ‘‘(ii) SCOPE OF REVIEW.— ‘‘(I) QUESTIONS OF LAW.—The United States circuit court shall review de novo any questions of law under clause (i).

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