I 

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. 

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 ‘‘Abandoned Mine Land 

5 Reclamation Fee Reauthorization Act of 2021’’. 


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1 SEC. 2. AMOUNTS DISTRIBUTED FROM ABANDONED MINE 

2 RECLAMATION FUND. 

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

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

5 amended— 

6 (1) in subparagraph (A)— 

7 (A) in the subparagraph heading, by strik8 ing ‘‘2022’’ and inserting ‘‘2037’’; and 

9 (B) in the matter preceding clause (i), by 

10 striking ‘‘2022’’ and inserting ‘‘2037’’; and 

11 (2) in subparagraph (B)— 

12 (A) in the subparagraph heading, by strik13 ing ‘‘2023’’ and inserting ‘‘2038’’; 

14 (B) by striking ‘‘2023’’ and inserting 

15 ‘‘2038’’; and 

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

17 ‘‘2037’’. 

18 SEC. 3. RECLAMATION FEE. 

19 (a) AMOUNT.—Section 402(a) of the Surface Mining 

20 Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) 

21 is amended— 

22 (1) by striking ‘‘28 cents’’ and inserting ‘‘16.8 

23 cents’’; 

24 (2) by striking ‘‘12 cents’’ and inserting ‘‘7.2 

25 cents’’; and 


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1 (3) by striking ‘‘8 cents’’ and inserting ‘‘4.8 

2 cents’’. 

3 (b) DURATION.—Section 402(b) of the Surface Min4 ing Control and Reclamation Act of 1977 (30 U.S.C. 

5 1232(b)) is amended by striking ‘‘September 30, 2021’’ 

6 and inserting ‘‘September 30, 2028’’. 

7 SEC. 4. APPLICABILITY OF CERTAIN TRANSFER REQUIRE8 MENT TO PAYMENTS TO STATES AND INDIAN 

9 TRIBES. 

10 Section 402(i)(3) of the Surface Mining Control and 

11 Reclamation Act of 1977 (30 U.S.C. 1232(i)(3)) is 

12 amended by adding at the end the following: 

13 ‘‘(C) APPLICATION.—Subparagraph (B) 

14 shall not apply to transfers to the Secretary of 

15 the Interior for distribution to States and In16 dian tribes under paragraph (2).’’. 

17 SEC. 5. STATE MEMORANDA OF UNDERSTANDING FOR RE18 MEDIATION OF MINE DRAINAGE; COMMUNITY 

19 RECLAIMER PARTNERSHIPS. 

20 (a) STATE MEMORANDA OF UNDERSTANDING FOR

21 CERTAIN REMEDIATION OF MINE DRAINAGE.—Section 

22 405 of the Surface Mining Control and Reclamation Act 

23 of 1977 (30 U.S.C. 1235) is amended by adding at the 

24 end the following: 


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1 ‘‘(m) STATE MEMORANDA OF UNDERSTANDING FOR

2 REMEDIATION OF MINE DRAINAGE.— 

3 ‘‘(1) AUTHORIZATION.— 

4 ‘‘(A) IN GENERAL.—Subject to the ap5 proval of the Secretary and the Administrator 

6 of the Environmental Protection Agency (re7 ferred to in this subsection as the ‘Adminis8 trator’) under paragraph (4), a State with an 

9 approved State Reclamation Plan may enter 

10 into a memorandum of understanding with a 

11 relevant State or Federal agency to remediate 

12 lands and water eligible for reclamation or 

13 drainage abatement expenditures under this 

14 title. 

15 ‘‘(B) UPDATES.—A memorandum of un16 derstanding entered into pursuant to subpara17 graph (A) may be updated as necessary and re18 submitted for approval under paragraph (4). 

19 ‘‘(2) MEMORANDA OF UNDERSTANDING RE20 QUIREMENTS.—A memorandum of understanding 

21 entered into pursuant to paragraph (1)(A) shall es22 tablish a strategy to address water pollution result23 ing from mine drainage lands and waters eligible for 

24 reclamation or drainage abatement expenditures 


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1 under this title. Such strategy shall include specific 

2 procedures for— 

3 ‘‘(A) ensuring that activities carried out to 

4 address mine drainage will result in improved 

5 water quality; 

6 ‘‘(B) monitoring, sampling, and reporting 

7 of collected information as necessary to achieve 

8 the condition required under clause (i); 

9 ‘‘(C) operating and maintaining treatment 

10 systems as necessary to achieve the condition 

11 required under clause (i); and 

12 ‘‘(D) such other matters as the parties to 

13 such memorandum of understanding determine 

14 appropriate. 

15 ‘‘(3) PUBLIC REVIEW AND COMMENT.— 

16 ‘‘(A) IN GENERAL.—Before submitting a 

17 memorandum of understanding to the Secretary 

18 and the Administrator for approval in accord19 ance with paragraph (4), a State shall— 

20 ‘‘(i) invite interested members of the 

21 public to comment on the proposed memo22 randum of understanding; and 

23 ‘‘(ii) hold not less than 1 public meet24 ing concerning the memorandum of under25 standing in a location reasonably accessible 


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1 to persons who may be affected by imple2 mentation of the memorandum of under3 standing. 

4 ‘‘(B) NOTICE OF MEETING.—Not later 

5 than 15 days before the date of a meeting 

6 under subparagraph (A)(ii) the State shall pub7 lish notice of the meeting in a local newspaper 

8 of general circulation, on the internet, and by 

9 any other means the Secretary and Adminis10 trator determine appropriate. 

11 ‘‘(4) SUBMISSION AND APPROVAL.— 

12 ‘‘(A) IN GENERAL.—Before entering into a 

13 memorandum of understanding pursuant to 

14 paragraph (1)(A), a State shall submit the 

15 memorandum of understanding to the Secretary 

16 and the Administrator for approval. 

17 ‘‘(B) DEADLINE.—Not later than 120 days 

18 after the date on which a State submits the 

19 memorandum of understanding for approval 

20 under subparagraph (A), the Secretary and the 

21 Administrator shall approve or disapprove the 

22 memorandum of understanding. 

23 ‘‘(C) REQUIREMENT.—The Secretary and 

24 the Administrator shall approve a memorandum 

25 of understanding under this paragraph if the 


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1 Secretary and Administrator find that the 

2 memorandum of understanding will facilitate 

3 carrying out additional activities to improve 

4 water quality under the approved State Rec5 lamation Plan of the State. 

6 ‘‘(5) TREATMENT AS PART OF STATE PLAN.— 

7 A memorandum of understanding that is approved 

8 by the Secretary and the Administrator under this 

9 subsection shall be considered to be part of the ap10 proved State Reclamation Plan of the State.’’. 

11 (b) COMMUNITY RECLAIMER PARTNERSHIPS.—Sec12 tion 405 of the Surface Mining Control and Reclamation 

13 Act of 1977 (30 U.S.C. 1235) is further amended by add14 ing at the end the following: 

15 ‘‘(n) COMMUNITY RECLAIMER PARTNERSHIPS.— 

16 ‘‘(1) DEFINITION OF COMMUNITY RE17 CLAIMER.—In this subsection, the term ‘community 

18 reclaimer’ means any person that— 

19 ‘‘(A) seeks to voluntarily assist a State 

20 with a reclamation project under this section; 

21 ‘‘(B) did not participate in any way in— 

22 ‘‘(i) the creation of site conditions at 

23 the project site; or 

24 ‘‘(ii) activities that caused any land or 

25 waters at the project site to become eligible 


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1 for reclamation or drainage abatement ex2 penditures under section 404; 

3 ‘‘(C) is not a past or current owner or op4 erator of any site with ongoing reclamation obli5 gations; and 

6 ‘‘(D) is not subject to any outstanding vio7 lations listed pursuant to section 510(c). 

8 ‘‘(2) AUTHORIZATION OF COMMUNITY RE9 CLAIMER PROJECTS.—The Secretary may authorize 

10 a community reclaimer to carry out a reclamation 

11 project under this section for which a request for ap12 proval submitted by the State under paragraph (3) 

13 has been approved by the Secretary in accordance 

14 with paragraph (4). 

15 ‘‘(3) RECLAMATION PROJECT SUBMISSION.— 

16 ‘‘(A) IN GENERAL.—A State may submit 

17 to the Secretary a request to authorize a com18 munity reclaimer to carry out a reclamation 

19 project under this section in the State. 

20 ‘‘(B) REQUIREMENTS.—A request sub21 mitted under subparagraph (A) shall include— 

22 ‘‘(i) a description of the reclamation 

23 project, including any engineering plans 

24 approved by a registered qualified profes25 sional engineer; 


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1 ‘‘(ii) a description of each reclamation 

2 project site, including, if relevant, the na3 ture and extent of pollution resulting from 

4 mine drainage from such site; 

5 ‘‘(iii) identification of the past and 

6 current owners and operators of each rec7 lamation project site; 

8 ‘‘(iv) an agreement between the State 

9 and the community reclaimer to carry out 

10 the reclamation project; 

11 ‘‘(v) a determination by the State that 

12 the reclamation project will facilitate the 

13 activities of the State Reclamation Plan; 

14 ‘‘(vi) sufficient information to deter15 mine whether the community reclaimer has 

16 the technical capability and expertise to 

17 successfully carry out the reclamation 

18 project; 

19 ‘‘(vii) a cost estimate for the reclama20 tion project; 

21 ‘‘(viii) evidence that the community 

22 reclaimer has sufficient financial resources 

23 to ensure the completion of the reclamation 

24 project (including any operation or mainte25 nance costs); 


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1 ‘‘(ix) a schedule for completion of the 

2 reclamation project; 

3 ‘‘(x) an agreement between the com4 munity reclaimer and the owner of the af5 fected site governing access to such site; 

6 ‘‘(xi) sufficient information to dem7 onstrate that the community reclaimer 

8 meets the requirements of paragraph (1); 

9 ‘‘(xii) a contingency plan designed to 

10 be used in response to unplanned adverse 

11 events including emergency actions, re12 sponse, and notifications; and 

13 ‘‘(xiii) an agreement by the State 

14 that, before the initiation of the reclama15 tion project, the State shall— 

16 ‘‘(I) provide notice to adjacent 

17 and downstream landowners and the 

18 public; and 

19 ‘‘(II) hold a public meeting near 

20 the affected site. 

21 ‘‘(4) PROJECT APPROVAL.—Not later than 120 

22 days after the date on which the Secretary receives 

23 a request submitted under paragraph (3)(A), the 

24 Secretary shall approve such request if the Secretary 

25 determines that— 


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1 ‘‘(A) the request complies with the submis2 sion requirements of paragraph (3)(B); 

3 ‘‘(B) the reclamation project— 

4 ‘‘(i) will be carried out by a commu5 nity reclaimer or an approved for such pur6 pose by an appropriate State agency sub7 contractor of the community reclaimer; 

8 ‘‘(ii) will be carried out on lands or 

9 waters inventoried under section 403(c); 

10 ‘‘(iii) in the case of a reclamation 

11 project that remediates mine drainage, is 

12 consistent with an approved State memo13 randum of understanding under subsection 

14 (m); and 

15 ‘‘(iv) does not require a permit under 

16 title V; and 

17 ‘‘(C) the State that submitted the re18 quest— 

19 ‘‘(i) has entered into an agreement 

20 with the community reclaimer that, except 

21 with respect to costs or damages resulting 

22 from gross negligence or intentional mis23 conduct, such State shall assume responsi24 bility for any costs or damages resulting 

25 from the conduct of the community reVerDate Sep 11 2014 23:25 May 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2462.IH H2462

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1 claimer in carrying out the reclamation 

2 project; 

3 ‘‘(ii) has the necessary legal authority 

4 to carry out the reclamation project; 

5 ‘‘(iii) will obtain all authorizations, 

6 permits, licenses, and other approvals re7 quired by law to ensure completion of the 

8 reclamation project; and 

9 ‘‘(iv) has sufficient financial resources 

10 to ensure completion of the reclamation 

11 project, including any necessary operation 

12 and maintenance costs (including costs as13 sociated with emergency actions covered by 

14 a contingency plan under paragraph 

15 (3)(B)(xii)).’’. 

16 (c) CLARIFYING STATE LIABILITY FOR MINE DRAIN17 AGE PROJECTS.—Section 413(d) of the Surface Mining 

18 Control and Reclamation Act of 1977 (30 U.S.C. 1242(d)) 

19 is amended, in the second sentence, by striking ‘‘Act.’’ and 

20 inserting ‘‘Act, unless that control or treatment will be 

21 carried out in accordance with a State memorandum of 

22 understanding approved under section 405(m).’’. 

23 (d) CONFORMING AMENDMENTS.—Section 405(f) of 

24 the Surface Mining Control and Reclamation Act of 1977 

25 (30 U.S.C. 1235(f)) is amended— 


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1 (1) in paragraph (6), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (7), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

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

6 ‘‘(8) a list of reclamation projects with respect 

7 to which such State has submitted a request under 

8 subsection (n)(3).’’. 

9 SEC. 6. ADDITIONAL GRANTS FROM ABANDONED MINE 

10 RECLAMATION FUND. 

11 (a) ADDITIONAL GRANTS FOR PRIORITY 1 AND PRI12 ORITY 2 SITES.— 

13 (1) IN GENERAL.—Title IV of the Surface Min14 ing Control and Reclamation Act of 1977 is amend15 ed by inserting after section 415 (30 U.S.C. 1244) 

16 the following: 

17 ‘‘SEC. 416. ADDITIONAL GRANTS FOR PRIORITY 1 AND PRI18 ORITY 2 SITES. 

19 ‘‘(a) DEFINITION OF ELIGIBLE STATE OR INDIAN

20 TRIBE.—In this section, the term ‘eligible State or Indian 

21 tribe’ means a State or Indian tribe— 

22 ‘‘(1) with an approved State Reclamation Plan 

23 under section 405; and 

24 ‘‘(2) that is not certified under section 411(a). 


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1 ‘‘(b) ADDITIONAL GRANTS.—Of amounts in the fund 

2 that are not otherwise appropriated, $140,000,000 shall 

3 be made available to the Secretary, for each of fiscal years 

4 2022 through 2037, to make grants to eligible States and 

5 Indian tribes to carry out reclamation projects to achieve 

6 the priorities described in paragraphs (1) and (2) of sec7 tion 403(a). 

8 ‘‘(c) REQUIREMENT.—In making grants under sub9 section (b) to eligible States and Indian tribes, the Sec10 retary shall allocate the grants to those eligible States and 

11 Indian tribes based on the amount of coal historically pro12 duced in the State or from the Indian lands concerned 

13 before August 3, 1977, according to the formula described 

14 in section 402(g)(5).’’. 

15 (2) CONFORMING AMENDMENT.—The table of 

16 contents of the Surface Mining Control and Rec17 lamation Act of 1977 (30 U.S.C. 1201) is amended 

18 by adding after the item relating to section 414 the 

19 following: 

‘‘Sec. 415. Remining incentives. 

‘‘Sec. 416. Additional grants for priority 1 and priority 2 sites.’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) Section 401 of the Surface Mining Control 

22 and Reclamation Act of 1977 (30 U.S.C. 1231) is 

23 further amended— 

24 (A) in subsection (c)— 


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1 (i) in paragraph (10), by striking 

2 ‘‘and’’ at the end; 

3 (ii) by redesignating paragraph (11) 

4 as paragraph (12); and 

5 (iii) by inserting after paragraph (10) 

6 the following: 

7 ‘‘(11) to make additional grants under section 

8 416; and’’; and 

9 (B) in subsection (d)(3), by inserting ‘‘and 

10 section 416’’ before the period at the end; and 

11 (2) Section 402(g) of the Surface Mining Con12 trol and Reclamation Act of 1977 (30 U.S.C. 

13 1232(g)) is amended— 

14 (A) in paragraph (1), in the matter pre15 ceding subparagraph (A), by inserting ‘‘and sec16 tion 416’’ after ‘‘subsection (h)’’; and 

17 (B) in paragraph (3), by adding at the end 

18 the following: 

19 ‘‘(F) For the purpose of section 416.’’. 

20 SEC. 7. INCREASED REVENUE SHARING WITH COAL-PRO21 DUCING STATES. 

22 Section 35(a) of the Mineral Leasing Act (30 U.S.C. 

23 191(a)) is amended, in the first sentence, by striking ‘‘50 

24 per centum thereof’’ and inserting ‘‘50 percent of the 


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1 amount received, or in the case of any amount received 

2 from coal leases, 60 percent of the amount received,’’. 

3 SEC. 8. SEQUESTRATION PROVISIONS. 

4 (a) EXEMPTION OF PAYMENTS TO STATES AND IN5 DIAN TRIBES FROM THE ABANDONED MINE RECLAMA6 TION FUND FROM SEQUESTRATION.— 

7 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

8 Balanced Budget and Emergency Deficit Control 

9 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 

10 inserting after ‘‘Payments to Social Security Trust 

11 Funds (28–0404–0–1–651).’’ the following: 

12 ‘‘Payments to States and Indian Tribes 

13 from the Abandoned Mine Reclamation 

14 Fund and payments to States and Indian 

15 Tribes under section 402(i)(2) of the Sur16 face Mining Control and Reclamation Act 

17 of 1977 (30 U.S.C. 1232(i)(2)) (12–50q5– 

18 0–2–999).’’. 

19 (2) APPLICABILITY.—The amendment made by 

20 paragraph (1) shall apply to any sequestration order 

21 issued under the Balanced Budget and Emergency 

22 Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) 

23 on or after the date of enactment of this Act. 

24 (b) PAYMENT FROM WITHHELD AMOUNTS.— 


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1 (1) IN GENERAL.—From amounts withheld pur2 suant to section 251A of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985 (2 U.S.C. 

4 901a) from payments to States and Indian tribes 

5 under section 402(g) of the Surface Mining Control 

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

7 during fiscal years 2013 through 2020, the Sec8 retary of the Interior shall distribute for fiscal year 

9 2021 to each State and each Indian tribe from 

10 which the amounts were withheld an amount equal 

11 to the total amount so withheld from the State or 

12 Indian tribe. 

13 (2) USE.—Amounts distributed under para14 graph (1) may be used by a State or Indian tribe 

15 only for the purposes authorized by section 402(g) 

16 of the Surface Mining Control and Reclamation Act 

17 of 1977 (30 U.S.C. 1232(g)). 

18 SEC. 9. DEPARTMENT OF THE INTERIOR STUDY AND RE19 PORT ON TECHNOLOGICAL INNOVATIONS 

20 FOR USE IN THE ABANDONED MINE LAND 

21 RECLAMATION PROGRAM. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of enactment of this Act, the Secretary of the Interior 

24 shall complete a study of technologies for use in carrying 

25 out abandoned mine reclamation activities under title IV 


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1 of the Surface Mining Control and Reclamation Act of 

2 1977 (30 U.S.C. 1231 et seq.) that would improve rec3 lamation and reduce costs of such reclamation, including 

4 the application of technical innovations in the technology 

5 development and transfer program of the Office of Surface 

6 Mining Reclamation and Enforcement, including— 

7 (1) geomorphic reclamation; 

8 (2) drone technology; and 

9 (3) other technologies that would— 

10 (A) improve overall reclamation; 

11 (B) reduce costs of reclamation; and 

12 (C) improve safety. 

13 (b) REPORT.—As soon as practicable after com14 pleting the study under subsection (a), the Secretary of 

15 the Interior shall submit to the Committee on Energy and 

16 Natural Resources of the Senate and the Committee on 

17 Natural Resources of the House of Representatives a re18 port describing the results of the study that includes rec19 ommendations for areas of improvement identified under 

20 the study. 

21 SEC. 10. DEPARTMENT OF THE INTERIOR STUDY AND RE22 PORT TO STRENGTHEN OVERSIGHT OF THE 

23 ABANDONED MINE LAND RECLAMATION PRO24 GRAM. 

25 (a) STUDY AND REPORT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary of the Interior shall complete a study— 

4 (A) to identify potential cost reductions in 

5 abandoned mine reclamation activities carried 

6 out under title IV of the Surface Mining Con7 trol and Reclamation Act of 1977 (30 U.S.C. 

8 1231 et seq.); and 

9 (B) to determine the ratio of overhead 

10 spending in the administration of such activities 

11 to spending on reclamation activities under 

12 such title. 

13 (2) REPORT.—As soon as practicable after com14 pleting the study under paragraph (1), the Secretary 

15 shall submit to the Committee on Energy and Nat16 ural Resources of the Senate and the Committee on 

17 Natural Resources of the House of Representatives 

18 a report describing the results of the study that in19 cludes recommendations for areas of improvement 

20 identified under the study. 

21 (b) ANNUAL OFFICE OF SURFACE MINING RECLAMA22 TION AND ENFORCEMENT REPORT.—The Secretary shall 

23 require the Director of the Office of Surface Mining Rec24 lamation and Enforcement to publish annual reports on 

25 the efficacy of the Abandoned Mine Land Reclamation 


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1 Economic Development Pilot Program (also known as the 

2 ‘‘AML Pilot’’), including a detailed accounting of all 

3 projects funded and completed using funding made avail4 able for such program under the heading ‘‘DEPART5 MENT OF THE INTERIOR — OFFICE OF SUR6 FACE MINING RECLAMATION — Abandoned mine 

7 reclamation fund’’ in the division relating to appropria8 tions for the Departments of the Interior, Environment, 

9 and related agencies in each of the following Acts: 

10 (1) The Consolidated Appropriations Act, 2016 

11 (Public Law 114–113; 129 Stat. 2536). 

12 (2) The Consolidated Appropriations Act, 2017 

13 (Public Law 115–31; 131 Stat. 446). 

14 (3) The Consolidated Appropriations Act, 2018 

15 (Public Law 115–141; 132 Stat 646). 

16 (4) The Consolidated Appropriations Act, 2019 

17 (Public Law 116–6; 133 Stat. 217). 

18 (5) The Further Consolidated Appropriations 

19 Act, 2020 (Public Law 116–94; 133 Stat. 2698). 

20 (6) The Consolidated Appropriations Act, 2021 

21 (Public Law 116–260). 

22 (7) any future Act providing appropriations for 

23 the Department of the Interior, Environment, and 

24 related agencies. 

Æ 


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