IB 

Union Calendar No. 407 

117TH CONGRESS 

2D SESSION H. R. 1734 

[Report No. 117–566, Part I] 

To amend the Surface Mining Control and Reclamation Act of 1977 to 

allow the Secretary of the Interior to delegate certain emergency reclamation activities to the States and Tribes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2021 

Mr. CARTWRIGHT (for himself, Mr. THOMPSON of Pennsylvania, Mr. MEUSER, 

Mr. LAMB, Mr. RESCHENTHALER, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. LOWENTHAL, Mr. MULLIN, Ms. HOULAHAN, Mr. GRIJALVA, 

Mr. HUFFMAN, and Mr. KELLY of Pennsylvania) 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 

NOVEMBER 16, 2022 

Additional sponsors: Ms. PORTER, Ms. WILD, Mr. COHEN, Ms. NORTON, Mr. 

FITZPATRICK, Mr. YARMUTH, Mrs. NAPOLITANO, Ms. LEGER

FERNANDEZ, Ms. SEWELL, Ms. MATSUI, Mr. TONKO, Mr. MICHAEL F. 

DOYLE of Pennsylvania, Ms. SPANBERGER, Ms. DEAN, Ms. SCANLON, 

Mrs. LURIA, Mr. POCAN, Mr. COOPER, Mr. MCEACHIN, and Ms. 

BONAMICI

NOVEMBER 16, 2022 

Reported from the Committee on Natural Resources 

NOVEMBER 16, 2022 

Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 


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2 

•HR 1734 RH

A BILL 

To amend the Surface Mining Control and Reclamation Act 

of 1977 to allow the Secretary of the Interior to delegate 

certain emergency reclamation activities to the States 

and Tribes, and for other purposes. 


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3 

•HR 1734 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surface Mining Con5 trol and Reclamation Act Amendments of 2021’’. 

6 SEC. 2. ABANDONED MINE LAND RECLAMATION FUND. 

7 Section 401(f)(2) of the Surface Mining Control and 

8 Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is 

9 amended— 

10 (1) in subparagraph (A)— 

11 (A) in the heading, by striking ‘‘2022’’ and 

12 inserting ‘‘2037’’; and 

13 (B) by striking ‘‘2022’’ and substituting 

14 ‘‘2037’’; and 

15 (2) in subparagraph (B)— 

16 (A) in the heading, by striking ‘‘2023’’ and 

17 inserting ‘‘2038’’; 

18 (B) by striking ‘‘2023’’ and substituting 

19 ‘‘2038’’; and 

20 (C) by striking ‘‘2022’’ and inserting 

21 ‘‘2037’’. 

22 SEC. 3. EMERGENCY POWERS. 

23 (a) STATE RECLAMATION PROGRAM.—Section 

24 405(d) of the Surface Mining Control and Reclamation 

25 Act of 1977 (30 U.S.C. 1235(d)) is amended by striking 


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•HR 1734 RH

1 ‘‘sections 402 and 410 excepted’’ and inserting ‘‘section 

2 402 excepted’’. 

3 (b) DELEGATION.—Section 410 of the Surface Min4 ing Control and Reclamation Act of 1977 (30 U.S.C. 

5 1240) is amended— 

6 (1) in subsection (a), by inserting ‘‘, including 

7 through reimbursement to a State or Tribal Govern8 ment described in subsection (c),’’ after ‘‘moneys’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘(c) STATE OR TRIBAL GOVERNMENT.—A State or 

12 Tribal Government is eligible to receive reimbursement 

13 from the Secretary under subsection (a) if such State or 

14 Tribal Government has submitted, and the Secretary has 

15 approved, an Abandoned Mine Land Emergency Program 

16 as part of an approved State or Tribal Reclamation Plan 

17 under section 405.’’. 

18 SEC. 4. RECLAMATION FEE. 

19 (a) DURATION.—Effective 90 days after the date of 

20 enactment of this Act, section 402(b) of the Surface Min21 ing Control and Reclamation Act of 1977 (30 U.S.C. 

22 1232(b)) is amended by striking ‘‘September 30, 2021’’ 

23 and inserting ‘‘September 30, 2036’’. 

24 (b) ALLOCATION OF FUNDS.—Effective September 

25 30, 2021, section 402(g) of the Surface Mining Control 


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•HR 1734 RH

1 and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is 

2 amended— 

3 (1) in paragraph (6)(A), by striking ‘‘para4 graphs (1) and (5)’’ and inserting ‘‘paragraphs (1), 

5 (5), and (8)’’; 

6 (2) in paragraph (8)(A), by striking 

7 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(9) From amounts withheld pursuant to the 

10 Budget Control Act of 2011 from payments to 

11 States and Indian Tribes under this subsection and 

12 section 411(h) of the Surface Mining Control and 

13 Reclamation Act during fiscal years 2013 through 

14 2021, the Secretary shall distribute for fiscal year 

15 2022 an amount to each State and Indian Tribe 

16 equal to the total amount withheld.’’. 

17 SEC. 5. EXEMPT PROGRAMS AND ACTIVITIES. 

18 Section 255(g)(1)(A) of the Balanced Budget and 

19 Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) 

20 is amended by adding at the end the following: ‘‘Payments 

21 to States and Indian Tribes from the Abandoned Mine 

22 Reclamation Fund and payments to States and Indian 

23 Tribes under section 402(i)(2) of the Surface Mining Con24 trol and Reclamation Act of 1977 (30 U.S.C. 

25 1232(i)(2)).’’. 


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Union Calendar No. 407 

117TH CONGRESS 

2D SESSION H. R. 1734 

[Report No. 117–566, Part I] 

A BILL 

To amend the Surface Mining Control and Recfor other purposes. lamation activities to the States and Tribes, and the Interior to delegate certain emergency rec- lamation Act of 1977 to allow the Secretary of 

NOVEMBER 16, 2022 

Reported from the Committee on Natural Resources 

NOVEMBER 16, 2022 

Committee on the Budget discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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