Page:United States Statutes at Large Volume 98 Part 1.djvu/652

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 604

PUBLIC LAW 98-369—JULY 18, 1984 ^ -

30 USC 1261, 1278.

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30 USC 1251.

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42 USC 6901 note.

"(I) is submitted pursuant to the provisions of section 511 or 528 of the Surface Mining Control and Reclamation Act of 1977 (as in effect on January 1, 1984), and "(II) is part of a surface mining and reclamation permit granted under the provisions of title V of such Act (as so in effect), or "(ii) which is submitted pursuant to any other Federal or State law which imposes surface mining reclamation and permit requirements substantially similar to the requirements imposed by title V of such Act (as so in effect). "(B) SOUD WASTE DISPOSAL AND CLOSING COSTS.—

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"(i) IN GENERAL.—Any expenses incurred for any land reclamation or closing activity in connection with any solid waste disposal site which is conducted in accordance with any permit issued pursuant to— "(I) any provision of the Solid Waste Disposal Act (as in effect on January 1, 1984) requiring such activity, or "(II) any other Federal, State, or local law which imposes requirements substantially similar to the requirements imposed by the Solid Waste Disposal Act (as so in effect). "(ii)

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42 USC 9605.

EXCEPTION

FOR CERTAIN

HAZARDOUS

WASTE

SITES.—Clause (i) shall not apply to that portion of any property which is disturbed after the property is listed in the national contingency plan established under section 105 of the Comprehensive Environmental, Compensation, and Liability Act of 1980. "(3) PROPERTY.—The term 'property' has the meaning given such term by section 614. "(4) RESERVE PROPERTY.—The term 'reserve property' means any property with respect to which a reserve is established under subsection (a)(l).' (2) CONFORMING AMENDMENT.—The table of sections for subpart C of part II of subchapter E of chapter 1 is amended by adding at the end thereof the following new item:

"Sec. 468. Special rules for mining and solid waste reclamation and closing costs." (c) SPECIAL RULE FOR LIABILITIES I N CONNECTION WITH THE DECOMMISSIONING OF A NUCLEAR POWERPLANT.—

(1) IN GENERAL.—Subpart C of part II of subchapter E of chapter 1 (relating to taxable year for which deduction taken), as amended by subsection (b), is amended by adding at the end thereof the following new section: 26 USC 468A.

"SEC. 468A. SPECIAL RULES FOR NUCLEAR DECOMMISSIONING COSTS.

"(a) IN GENERAL.—If the taxpayer elects the application of this subsection, there shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Nuclear Decommissioning Reserve Fund (hereinafter referred to as the 'Fund') during such taxable year. "(b) LIMITATION ON AMOUNTS PAID INTO FUND.—The amount which a taxpayer may pay into the Fund for any taxable year shall not exceed the lesser of—