I 

117TH CONGRESS 

1ST SESSION H. R. 1734 

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 

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. 

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’’. 


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1 SEC. 2. ABANDONED MINE LAND RECLAMATION FUND. 

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

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

4 amended— 

5 (1) in subparagraph (A)— 

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

7 inserting ‘‘2037’’; and 

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

9 ‘‘2037’’; and 

10 (2) in subparagraph (B)— 

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

12 inserting ‘‘2038’’; 

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

14 ‘‘2038’’; and 

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

16 ‘‘2037’’. 

17 SEC. 3. EMERGENCY POWERS. 

18 (a) STATE RECLAMATION PROGRAM.—Section 

19 405(d) of the Surface Mining Control and Reclamation 

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

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

22 402 excepted’’. 

23 (b) DELEGATION.—Section 410 of the Surface Min24 ing Control and Reclamation Act of 1977 (30 U.S.C. 

25 1240) is amended— 


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

2 through reimbursement to a State or Tribal Govern3 ment described in subsection (c),’’ after ‘‘moneys’’; 

4 and 

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

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

7 Tribal Government is eligible to receive reimbursement 

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

9 Tribal Government has submitted, and the Secretary has 

10 approved, an Abandoned Mine Land Emergency Program 

11 as part of an approved State or Tribal Reclamation Plan 

12 under section 405.’’. 

13 SEC. 4. RECLAMATION FEE. 

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

15 enactment of this Act, section 402(b) of the Surface Min16 ing Control and Reclamation Act of 1977 (30 U.S.C. 

17 1232(b)) is amended by striking ‘‘September 30, 2021’’ 

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

19 (b) ALLOCATION OF FUNDS.—Effective September 

20 30, 2021, section 402(g) of the Surface Mining Control 

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

22 amended— 

23 (1) in paragraph (6)(A), by striking ‘‘para24 graphs (1) and (5)’’ and inserting ‘‘paragraphs (1), 

25 (5), and (8)’’; 


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

2 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’; and 

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

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

5 Budget Control Act of 2011 from payments to 

6 States and Indian Tribes under this subsection and 

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

8 Reclamation Act during fiscal years 2013 through 

9 2021, the Secretary shall distribute for fiscal year 

10 2022 an amount to each State and Indian Tribe 

11 equal to the total amount withheld.’’. 

12 SEC. 5. EXEMPT PROGRAMS AND ACTIVITIES. 

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

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

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

16 to States and Indian Tribes from the Abandoned Mine 

17 Reclamation Fund and payments to States and Indian 

18 Tribes under section 402(i)(2) of the Surface Mining Con19 trol and Reclamation Act of 1977 (30 U.S.C. 

20 1232(i)(2)).’’. 

Æ 


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