[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2462 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2462
To amend the Surface Mining Control and Reclamation Act of 1977 to make
modifications to the Abandoned Mine Reclamation Fund, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2021
Ms. Cheney (for herself, Mr. Johnson of Ohio, and Mrs. Miller of West
Virginia) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to make
modifications to the Abandoned Mine Reclamation Fund, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Land Reclamation Fee
Reauthorization Act of 2021''.
SEC. 2. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND.
Section 401(f)(2) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in the subparagraph heading, by striking
``2022'' and inserting ``2037''; and
(B) in the matter preceding clause (i), by striking
``2022'' and inserting ``2037''; and
(2) in subparagraph (B)--
(A) in the subparagraph heading, by striking
``2023'' and inserting ``2038'';
(B) by striking ``2023'' and inserting ``2038'';
and
(C) by striking ``2022'' and inserting ``2037''.
SEC. 3. RECLAMATION FEE.
(a) Amount.--Section 402(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
(1) by striking ``28 cents'' and inserting ``16.8 cents'';
(2) by striking ``12 cents'' and inserting ``7.2 cents'';
and
(3) by striking ``8 cents'' and inserting ``4.8 cents''.
(b) Duration.--Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
``September 30, 2021'' and inserting ``September 30, 2028''.
SEC. 4. APPLICABILITY OF CERTAIN TRANSFER REQUIREMENT TO PAYMENTS TO
STATES AND INDIAN TRIBES.
Section 402(i)(3) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232(i)(3)) is amended by adding at the end the
following:
``(C) Application.--Subparagraph (B) shall not
apply to transfers to the Secretary of the Interior for
distribution to States and Indian tribes under
paragraph (2).''.
SEC. 5. STATE MEMORANDA OF UNDERSTANDING FOR REMEDIATION OF MINE
DRAINAGE; COMMUNITY RECLAIMER PARTNERSHIPS.
(a) State Memoranda of Understanding for Certain Remediation of
Mine Drainage.--Section 405 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1235) is amended by adding at the
end the following:
``(m) State Memoranda of Understanding for Remediation of Mine
Drainage.--
``(1) Authorization.--
``(A) In general.--Subject to the approval of the
Secretary and the Administrator of the Environmental
Protection Agency (referred to in this subsection as
the `Administrator') under paragraph (4), a State with
an approved State Reclamation Plan may enter into a
memorandum of understanding with a relevant State or
Federal agency to remediate lands and water eligible
for reclamation or drainage abatement expenditures
under this title.
``(B) Updates.--A memorandum of understanding
entered into pursuant to subparagraph (A) may be
updated as necessary and resubmitted for approval under
paragraph (4).
``(2) Memoranda of understanding requirements.--A
memorandum of understanding entered into pursuant to paragraph
(1)(A) shall establish a strategy to address water pollution
resulting from mine drainage lands and waters eligible for
reclamation or drainage abatement expenditures under this
title. Such strategy shall include specific procedures for--
``(A) ensuring that activities carried out to
address mine drainage will result in improved water
quality;
``(B) monitoring, sampling, and reporting of
collected information as necessary to achieve the
condition required under clause (i);
``(C) operating and maintaining treatment systems
as necessary to achieve the condition required under
clause (i); and
``(D) such other matters as the parties to such
memorandum of understanding determine appropriate.
``(3) Public review and comment.--
``(A) In general.--Before submitting a memorandum
of understanding to the Secretary and the Administrator
for approval in accordance with paragraph (4), a State
shall--
``(i) invite interested members of the
public to comment on the proposed memorandum of
understanding; and
``(ii) hold not less than 1 public meeting
concerning the memorandum of understanding in a
location reasonably accessible to persons who
may be affected by implementation of the
memorandum of understanding.
``(B) Notice of meeting.--Not later than 15 days
before the date of a meeting under subparagraph (A)(ii)
the State shall publish notice of the meeting in a
local newspaper of general circulation, on the
internet, and by any other means the Secretary and
Administrator determine appropriate.
``(4) Submission and approval.--
``(A) In general.--Before entering into a
memorandum of understanding pursuant to paragraph
(1)(A), a State shall submit the memorandum of
understanding to the Secretary and the Administrator
for approval.
``(B) Deadline.--Not later than 120 days after the
date on which a State submits the memorandum of
understanding for approval under subparagraph (A), the
Secretary and the Administrator shall approve or
disapprove the memorandum of understanding.
``(C) Requirement.--The Secretary and the
Administrator shall approve a memorandum of
understanding under this paragraph if the Secretary and
Administrator find that the memorandum of understanding
will facilitate carrying out additional activities to
improve water quality under the approved State
Reclamation Plan of the State.
``(5) Treatment as part of state plan.--A memorandum of
understanding that is approved by the Secretary and the
Administrator under this subsection shall be considered to be
part of the approved State Reclamation Plan of the State.''.
(b) Community Reclaimer Partnerships.--Section 405 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235) is further
amended by adding at the end the following:
``(n) Community Reclaimer Partnerships.--
``(1) Definition of community reclaimer.--In this
subsection, the term `community reclaimer' means any person
that--
``(A) seeks to voluntarily assist a State with a
reclamation project under this section;
``(B) did not participate in any way in--
``(i) the creation of site conditions at
the project site; or
``(ii) activities that caused any land or
waters at the project site to become eligible
for reclamation or drainage abatement
expenditures under section 404;
``(C) is not a past or current owner or operator of
any site with ongoing reclamation obligations; and
``(D) is not subject to any outstanding violations
listed pursuant to section 510(c).
``(2) Authorization of community reclaimer projects.--The
Secretary may authorize a community reclaimer to carry out a
reclamation project under this section for which a request for
approval submitted by the State under paragraph (3) has been
approved by the Secretary in accordance with paragraph (4).
``(3) Reclamation project submission.--
``(A) In general.--A State may submit to the
Secretary a request to authorize a community reclaimer
to carry out a reclamation project under this section
in the State.
``(B) Requirements.--A request submitted under
subparagraph (A) shall include--
``(i) a description of the reclamation
project, including any engineering plans
approved by a registered qualified professional
engineer;
``(ii) a description of each reclamation
project site, including, if relevant, the
nature and extent of pollution resulting from
mine drainage from such site;
``(iii) identification of the past and
current owners and operators of each
reclamation project site;
``(iv) an agreement between the State and
the community reclaimer to carry out the
reclamation project;
``(v) a determination by the State that the
reclamation project will facilitate the
activities of the State Reclamation Plan;
``(vi) sufficient information to determine
whether the community reclaimer has the
technical capability and expertise to
successfully carry out the reclamation project;
``(vii) a cost estimate for the reclamation
project;
``(viii) evidence that the community
reclaimer has sufficient financial resources to
ensure the completion of the reclamation
project (including any operation or maintenance
costs);
``(ix) a schedule for completion of the
reclamation project;
``(x) an agreement between the community
reclaimer and the owner of the affected site
governing access to such site;
``(xi) sufficient information to
demonstrate that the community reclaimer meets
the requirements of paragraph (1);
``(xii) a contingency plan designed to be
used in response to unplanned adverse events
including emergency actions, response, and
notifications; and
``(xiii) an agreement by the State that,
before the initiation of the reclamation
project, the State shall--
``(I) provide notice to adjacent
and downstream landowners and the
public; and
``(II) hold a public meeting near
the affected site.
``(4) Project approval.--Not later than 120 days after the
date on which the Secretary receives a request submitted under
paragraph (3)(A), the Secretary shall approve such request if
the Secretary determines that--
``(A) the request complies with the submission
requirements of paragraph (3)(B);
``(B) the reclamation project--
``(i) will be carried out by a community
reclaimer or an approved for such purpose by an
appropriate State agency subcontractor of the
community reclaimer;
``(ii) will be carried out on lands or
waters inventoried under section 403(c);
``(iii) in the case of a reclamation
project that remediates mine drainage, is
consistent with an approved State memorandum of
understanding under subsection (m); and
``(iv) does not require a permit under
title V; and
``(C) the State that submitted the request--
``(i) has entered into an agreement with
the community reclaimer that, except with
respect to costs or damages resulting from
gross negligence or intentional misconduct,
such State shall assume responsibility for any
costs or damages resulting from the conduct of
the community reclaimer in carrying out the
reclamation project;
``(ii) has the necessary legal authority to
carry out the reclamation project;
``(iii) will obtain all authorizations,
permits, licenses, and other approvals required
by law to ensure completion of the reclamation
project; and
``(iv) has sufficient financial resources
to ensure completion of the reclamation
project, including any necessary operation and
maintenance costs (including costs associated
with emergency actions covered by a contingency
plan under paragraph (3)(B)(xii)).''.
(c) Clarifying State Liability for Mine Drainage Projects.--Section
413(d) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1242(d)) is amended, in the second sentence, by striking
``Act.'' and inserting ``Act, unless that control or treatment will be
carried out in accordance with a State memorandum of understanding
approved under section 405(m).''.
(d) Conforming Amendments.--Section 405(f) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1235(f)) is amended--
(1) in paragraph (6), by striking ``and'' after the
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a list of reclamation projects with respect to which
such State has submitted a request under subsection (n)(3).''.
SEC. 6. ADDITIONAL GRANTS FROM ABANDONED MINE RECLAMATION FUND.
(a) Additional Grants for Priority 1 and Priority 2 Sites.--
(1) In general.--Title IV of the Surface Mining Control and
Reclamation Act of 1977 is amended by inserting after section
415 (30 U.S.C. 1244) the following:
``SEC. 416. ADDITIONAL GRANTS FOR PRIORITY 1 AND PRIORITY 2 SITES.
``(a) Definition of Eligible State or Indian Tribe.--In this
section, the term `eligible State or Indian tribe' means a State or
Indian tribe--
``(1) with an approved State Reclamation Plan under section
405; and
``(2) that is not certified under section 411(a).
``(b) Additional Grants.--Of amounts in the fund that are not
otherwise appropriated, $140,000,000 shall be made available to the
Secretary, for each of fiscal years 2022 through 2037, to make grants
to eligible States and Indian tribes to carry out reclamation projects
to achieve the priorities described in paragraphs (1) and (2) of
section 403(a).
``(c) Requirement.--In making grants under subsection (b) to
eligible States and Indian tribes, the Secretary shall allocate the
grants to those eligible States and Indian tribes based on the amount
of coal historically produced in the State or from the Indian lands
concerned before August 3, 1977, according to the formula described in
section 402(g)(5).''.
(2) Conforming amendment.--The table of contents of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201) is amended by adding after the item relating to section
414 the following:
``Sec. 415. Remining incentives.
``Sec. 416. Additional grants for priority 1 and priority 2 sites.''.
(b) Conforming Amendments.--
(1) Section 401 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231) is further amended--
(A) in subsection (c)--
(i) in paragraph (10), by striking ``and''
at the end;
(ii) by redesignating paragraph (11) as
paragraph (12); and
(iii) by inserting after paragraph (10) the
following:
``(11) to make additional grants under section 416; and'';
and
(B) in subsection (d)(3), by inserting ``and
section 416'' before the period at the end; and
(2) Section 402(g) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``and section 416''
after ``subsection (h)''; and
(B) in paragraph (3), by adding at the end the
following:
``(F) For the purpose of section 416.''.
SEC. 7. INCREASED REVENUE SHARING WITH COAL-PRODUCING STATES.
Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) is
amended, in the first sentence, by striking ``50 per centum thereof''
and inserting ``50 percent of the amount received, or in the case of
any amount received from coal leases, 60 percent of the amount
received,''.
SEC. 8. SEQUESTRATION PROVISIONS.
(a) Exemption of Payments to States and Indian Tribes From the
Abandoned Mine Reclamation Fund From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the following:
``Payments to States and Indian Tribes from the
Abandoned Mine Reclamation Fund and payments to
States and Indian Tribes under section
402(i)(2) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(i)(2))
(12-50q5-0-2-999).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
(b) Payment From Withheld Amounts.--
(1) In general.--From amounts withheld pursuant to section
251A of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901a) from payments to States and Indian
tribes under section 402(g) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(g)) during fiscal years
2013 through 2020, the Secretary of the Interior shall
distribute for fiscal year 2021 to each State and each Indian
tribe from which the amounts were withheld an amount equal to
the total amount so withheld from the State or Indian tribe.
(2) Use.--Amounts distributed under paragraph (1) may be
used by a State or Indian tribe only for the purposes
authorized by section 402(g) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(g)).
SEC. 9. DEPARTMENT OF THE INTERIOR STUDY AND REPORT ON TECHNOLOGICAL
INNOVATIONS FOR USE IN THE ABANDONED MINE LAND
RECLAMATION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall complete a
study of technologies for use in carrying out abandoned mine
reclamation activities under title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) that would improve
reclamation and reduce costs of such reclamation, including the
application of technical innovations in the technology development and
transfer program of the Office of Surface Mining Reclamation and
Enforcement, including--
(1) geomorphic reclamation;
(2) drone technology; and
(3) other technologies that would--
(A) improve overall reclamation;
(B) reduce costs of reclamation; and
(C) improve safety.
(b) Report.--As soon as practicable after completing the study
under subsection (a), the Secretary of the Interior shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
describing the results of the study that includes recommendations for
areas of improvement identified under the study.
SEC. 10. DEPARTMENT OF THE INTERIOR STUDY AND REPORT TO STRENGTHEN
OVERSIGHT OF THE ABANDONED MINE LAND RECLAMATION PROGRAM.
(a) Study and Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
complete a study--
(A) to identify potential cost reductions in
abandoned mine reclamation activities carried out under
title IV of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231 et seq.); and
(B) to determine the ratio of overhead spending in
the administration of such activities to spending on
reclamation activities under such title.
(2) Report.--As soon as practicable after completing the
study under paragraph (1), the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a report describing the results of the study that includes
recommendations for areas of improvement identified under the
study.
(b) Annual Office of Surface Mining Reclamation and Enforcement
Report.--The Secretary shall require the Director of the Office of
Surface Mining Reclamation and Enforcement to publish annual reports on
the efficacy of the Abandoned Mine Land Reclamation Economic
Development Pilot Program (also known as the ``AML Pilot''), including
a detailed accounting of all projects funded and completed using
funding made available for such program under the heading ``DEPARTMENT
OF THE INTERIOR -- OFFICE OF SURFACE MINING RECLAMATION -- Abandoned
mine reclamation fund'' in the division relating to appropriations for
the Departments of the Interior, Environment, and related agencies in
each of the following Acts:
(1) The Consolidated Appropriations Act, 2016 (Public Law
114-113; 129 Stat. 2536).
(2) The Consolidated Appropriations Act, 2017 (Public Law
115-31; 131 Stat. 446).
(3) The Consolidated Appropriations Act, 2018 (Public Law
115-141; 132 Stat 646).
(4) The Consolidated Appropriations Act, 2019 (Public Law
116-6; 133 Stat. 217).
(5) The Further Consolidated Appropriations Act, 2020
(Public Law 116-94; 133 Stat. 2698).
(6) The Consolidated Appropriations Act, 2021 (Public Law
116-260).
(7) any future Act providing appropriations for the
Department of the Interior, Environment, and related agencies.
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