Page:United States Statutes at Large Volume 104 Part 2.djvu/702

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104 STAT. 1388-294 PUBLIC LAW 101-508—NOV. 5, 1990 "(ii) The extent to which acid mine drainage is affecting the water quality and biological resources within the hydrologic unit. "(iii) An identification of the sources of acid mine drainage within the hydrologic unit. . "(iv) An identification of individual projects and the measures proposed to be undertaken to abate and treat the causes or effects of acid mine drainage within the hydrologic unit. "(v) The cost of undertaking the proposed abatement and treatment measures. "(vi) An identification of existing and proposed sources of funding for such measures. "(vii) An analysis of the cost-effectiveness and environmental benefits of abatement and treatment me^ures. "(C) The Secretary may approve any plan under this paragraph only after determining that such plan meets the requirements of this paragraph. In conducting an analysis of the items referred to in clauses (iv), (v), and (vii) the Director of the Office of Surface Mining shall obtain the comments of the Director of the Bureau of Mines. In approving plans under this paragraph, the Secretary shall give a priority to those plans which will be implemented in coordination with measures undertaken by the Secretary of Agriculture under section 406. "(D) For purposes of this paragraph, the term 'qualified hydrologic unit' means a hydrologic unit— "(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner which adversely impacts biological resources; and "(ii) which contains lands and waters which are— "(I) eligible pursuant to section 404 and include any of the priorities stated in paragraph (1), (2), or (3) of section 403(a); and "(II) proposed to be the subject of the expenditures by the State (from amounts available from the forfeiture of bonds required under section 509 or from other State sources) to mitigate acid mine drainage. "(8) Of the funds available for expenditure under this subsection in any tiscal year, the Secretary shall allocate annually not less than $2,000,000 for expenditure in each State, and for each Indian tribe, having an approved abandoned mine reclamation program pursuant to section 405 and eligible lands and waters pursuant to section 404 so long as an allocation of funds to such State or such tribe is necessary to achieve the priorities stated in paragraphs (1) and (2) of section 403(a).". SEC. 6005. FUND OBJECTIVES. Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233) is amended as follows: (1) Insert "(a) PRIORITIES. —" after "SEC. 403.". (2) Insert ", except as provided for under section 411," after "title". (3) Add at the end the following new subsections: "(b) UTILITIES AND OTHER FACILITIES. —(1) Any State or Indian tribe not certified under section 411(a) may expend up to 30 percent of the funds allocated to such State or Indian tribe in any year through the grants made available under paragraphs (1) and (5) of section 402(g) for the purpose of protecting, repairing, replacing,