§1240a Certification

Summary

Governors or tribal leaders with an approved mine cleanup program can say that the top-priority cleanup work is finished. The Secretary must publish a notice, allow public comment, and agree if the claim is accurate. The Secretary can also make that certification on their own, after notice and comment. Once the Secretary agrees, yearly grant rules change: eligible sites are places mined or affected by mining and abandoned before August 3, 1977 (but Forest Service lands use August 28, 1974, and Bureau of Land Management lands use November 26, 1980) and where no state or federal law still requires cleanup. Spending must follow three goals in order: protect people and property from extreme danger, protect health and public welfare from harms, and restore land and water. Sites already covered by the Uranium Mill Tailings law or listed under CERCLA cannot get these funds. Fixing or building utilities and public facilities tied to mining counts under these goals, and certified places may use yearly grants for such public works if the Secretary agrees. When a State or tribe is certified and the Secretary concurs, the Secretary must pay out certain unpaid allocated amounts. Money allocated before October 1, 2007 is paid in seven equal yearly installments starting in fiscal year 2008. By December 10, 2015, for any certified State or tribe whose total annual payment was limited to $15,000,000 in 2013 and $28,000,000 in 2014, the final two installments must be paid as two separate payments of $82,700,000 each and two separate payments of $38,250,000 each. Funds allocated on or after October 1, 2007 must also be paid to certified States or tribes. The first three payments to any State or tribe are reduced to 25%, 50%, and 75% of the full amounts; the withheld amounts are paid in two equal yearly payments starting in fiscal year 2018. Annual amounts that would have gone to a certified State or tribe are reallocated into a grants pool and given out based on coal produced before August 3, 1977. Certified States or tribes may spend their received funds as their legislature or tribal council directs, with priority for addressing mineral development impacts; those not certified must use funds for regular reclamation purposes.