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FINAL Guidance for Implementation of the STREAM Act’s 

Long Term AML Reclamation Fund 

I. OVERVIEW 

The Consolidated Appropriations Act, 2023, included an amendment to section 40701 of 

the Bipartisan Infrastructure Law (BIL) that authorized eligible States and Tribes1 to 

deposit up to 30 percent of their annual BIL abandoned mine land (AML) grant amount 

in a long-term AML reclamation fund established under State or Tribal law. 30 U.S.C. 

§ 1231a(c)(2). Money in this fund (together with all interest earned on the amounts) may 

be expended for: 

• The abatement of the causes and the treatment of the effects of acid mine drainage 

(AMD) resulting from coal mining practices, including for the costs of building, 

operating, maintaining, and rehabilitating AMD treatment systems;

• The prevention, abatement, and control of subsidence; or 

• The prevention, abatement, and control of coal mine fires. 

This amendment is commonly referred to as the STREAM Act, and it affords eligible 

States and Tribes the opportunity to address known long-term AML problems left 

unreclaimed due to the scale or cost of the remedial project. Additionally, the STREAM 

Act provides States and Tribes with the funding necessary to respond to newly found or 

worsening long-term AML problems. 

For each fiscal year (FY), including FY22 and FY23, eligible States and Tribes may 

submit grant applications or grant amendments that include a request to deposit up to 30 

percent of their annual BIL AML grant amount into a long-term AML reclamation fund. 

We strongly encourage States and Tribes to submit such requests as soon as possible to 

ensure interest earned on these funds is maximized, which will increase the amount of 

funding available for future AML projects. 

The purpose of this guidance is to provide State and Tribal AML Programs with 

information concerning the implementation of the STREAM Act, including what 

constitutes 30 percent of an annual BIL AML grant; what may be considered a long-term 

AML reclamation fund; how to request STREAM Act funds; reporting requirements; 

performance measurements; and appropriate use of STREAM Act funds. In addition, this 

guidance clarifies how STREAM Act funds must be managed in relation to fee-based

AMD set-aside funds.

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1 See 30 U.S.C. § 1231a(b)(2)(A)-(C) (identifying those States and Tribes eligible to receive BIL AML grants). 2 Section 402(g)(6)(A) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) authorizes uncertified 

States and Tribes to set aside certain non-BIL fee-based AML grant funds to be used for AMD abatement and 

treatment projects that are part of a qualified hydrologic unit. 30 U.S.C. § 1232(g)(6)(A). As noted above, STREAM 

Act funds may also be used for AMD treatment projects (regardless of whether the project is part of a qualified 

hydrologic unit), as well as subsidence remediation and coal mine fire projects. 
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II. THIRTY PERCENT OF ANNUAL BIL GRANTS

Pursuant to the STREAM Act, States and Tribes eligible to receive BIL grants are 

authorized to place up to 30 percent of the “total amount of a grant made annually” under 

section 40701(b)(1) of the BIL in a “long-term abandoned mine land reclamation fund 

established under State law, from which amounts (together with all interest earned on the 

amounts) are expended by the State or Tribe . . . .” 30 U.S.C. § 1231a(c)(2)(A). 

BIL AML grants are awarded to eligible State and Tribal AML Programs on an annual 

basis and adjustments will be made to these distributions as necessary to achieve the 

objectives of the program (e.g., if the number of eligible States and Tribes increases or 

decreases). Thus, while the percentage of annual BIL AML grant funds available for 

deposit into a long-term AML reclamation fund will remain fixed (i.e., up to 30 percent), 

the actual dollar amount available for deposit will depend on the BIL grant amount each 

eligible State or Tribe receives each fiscal year. For additional information on BIL AML 

Grants, refer to the latest version of the Guidance on the Bipartisan Infrastructure Law 

Abandoned Mine Land Grant Implementation. 

Monies provided to eligible States and Tribes pursuant to section 40701(g) of the BIL 

“for the purpose of making amendments to the inventory maintained under section 403(c) 

of [SMCRA],” known as e-AMLIS, are not subject to the STREAM Act and are therefore 

not included when calculating how much may be deposited into a long-term AML 

reclamation fund. 30 U.S.C. § 1231a(g). 

III. LONG-TERM AML RECLAMATION FUND REQUIREMENT

As noted, States and Tribes, if they so choose, may deposit up to 30 percent of their 

annual BIL grant in a “long-term [AML] reclamation fund established under State [or 

Tribal] law.” 30 U.S.C. § 1231a(c)(2)(A). Given the different funding source and 

purposes for which the STREAM Act funds can be used, many States and Tribes may 

choose to establish a long-term AML reclamation fund that is separate from any existing 

fee-based AMD set-aside account. However, a State or Tribe may also choose to deposit 

up to 30 percent of their BIL AML grant in an already existing fee-based AMD set-aside 

account if consistent with State/Tribal law and the applicable reclamation plan. 

Regardless of whether a State or Tribe sets up a separate long-term AML reclamation 

fund or uses an existing fee-based AMD set-aside account, the State or Tribe must ensure 

that it has adequate fiscal, accounting, and internal control measures in place to monitor 

and track STREAM Act funds separately from fee-based AMD set-aside funds. 

States and Tribes must demonstrate in their STREAM Act fund request that their financial

management system is capable of tracing STREAM Act funds “to a level of expenditures 

adequate to establish that such funds have been used according to the Federal statutes, 
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regulations, and the terms and conditions of the Federal award.” 2 C.F.R. § 200.302(a).3

At a minimum, this will include ensuring that STREAM Act funds and interest attributed 

to those funds can be accounted for, tracked, and used only for one of the three purposes 

set forth in the 30 U.S.C. § 1231a(c)(2)(A)(i)-(iii).

IV. STREAM ACT FUNDS REQUESTS

States and Tribes should submit with their grant application/grant amendment request a 

letter/legal opinion from the State’s or Tribe’s Attorney General or the reclamation 

agency’s chief legal officer that demonstrates that the State or Tribe has the necessary 

statutory authority under State or Tribal law, whether existing or newly enacted, to 

deposit the funds into a long-term AML reclamation fund and to expend the funds in 

compliance with the STREAM Act, the BIL, SMCRA, and the State’s or Tribe’s

approved AML reclamation plan.

To deposit up to 30 percent of an annual BIL grant (including funds received under the 

BIL in FY22 and FY23) into a long-term AML reclamation fund, eligible States and 

Tribes must have sufficient statutory authority and a long-term AML reclamation fund 

that is consistent with the State’s or Tribe’s existing OSMRE-approved AML reclamation 

plan. Depending on the specifics of the applicable State or Tribal law(s) and reclamation 

plan, it is possible that both the State/Tribal law(s) and an already-approved reclamation 

plan may contain sufficient language to allow a State or Tribe to set-aside and expend 

funds for the expanded purposes set forth in the STREAM Act without further 

amendment. 

States and Tribes should include the following in the letter/legal opinion from the State’s 

or Tribe’s Attorney General or the reclamation agency’s chief legal officer:

• An analysis with specific citations to State/Tribal statutes, regulations, and an

approved reclamation plan, as applicable, that demonstrate the ability to 

establish a long-term AML reclamation fund or to deposit BIL AML grant 

funds in an existing fee-based AMD set-aside account. If an existing fee-based 

AMD set-aside account will be used, the letter should demonstrate, pursuant 

to 2 C.F.R. § 200.302(a), how STREAM Act funds will be monitored, 

tracked, and generally accounted for separate from fee-based monies; and

• An analysis with specific citations to State/Tribal statutes, regulations, and an 

approved reclamation plan, as applicable, that demonstrate the ability to 

expend grant monies to address AMD, subsidence, and mine fires with BIL 

AML grant funds set-aside pursuant to the STREAM Act. If an existing feebased AMD set-aside account will be used, the letter should demonstrate how 

STREAM Act funds will be monitored, tracked, and generally accounted to 

ensure that fee-based monies are only spent on AMD projects within qualified 

hydrologic units.

3 OSMRE will include, at a minimum, a term and condition in the grant award to this effect. 
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If a State or Tribe elects not to provide a legal opinion as described above, OSMRE, in 

consultation with the Department of the Interior’s (DOI) Office of the Solicitor, will 

determine whether the State or Tribe has the necessary statutory authority and 

reclamation plan provisions in place before OSMRE can process the relevant grant 

request. Because States and Tribes are in the best position to quickly ascertain the 

relevant authorities, whether existing or newly enacted, OSMRE strongly recommends 

that States and Tribes submit the letter/legal opinion.

If a State or Tribe lacks the appropriate statutory authority or if its current approved 

reclamation plan would not allow for STREAM Act funds to be deposited into a longterm AML reclamation fund or be expended in accordance with the STREAM Act, 

OSMRE will consult with DOI’s Office of the Solicitor to determine the necessary steps 

for such deposits or expenditures, including, potentially, notification under 30 C.F.R. 

§ 884.15(b) of the need for an amendment to an existing reclamation plan.

The letter/legal opinion from the State’s or Tribe’s Attorney General or the reclamation 

agency’s chief legal officer discussed above must be uploaded into GrantSolutions along 

with the grant application or grant amendment request. In addition, if this is the first time 

developing such documentation, we encourage you to provide a copy of this letter/legal 

opinion to your regional OSMRE office. 

When requesting STREAM Act funds in a grant application or grant amendment, States 

or Tribes should use the new subaccount – BIL Fund Subaccount IL #24.

Fund type description:

IL Funds authorized by section 40701 of the BIL that are available to eligible States 

and Tribes.

Subaccount number definition:

24. BIL Long Term AML Reclamation Fund

These costs are authorized by the Consolidated Appropriations Act, 2023, which 

amended the BIL by authorizing eligible States and Tribes to deposit up to 30 

percent of their annual BIL AML grant amount in a long-term AML reclamation 

fund established under State law. Moneys in the long-term AML reclamation fund 

may only be used for:

• The abatement of the causes and the treatment of the effects of acid mine 

drainage resulting from coal mining practices, including building, 

operating, maintaining, and rehabilitating acid mine drainage treatment 

resulting from coal mining practices;

• The prevention, abatement, and control of subsidence; or

• The prevention, abatement, and control of coal mine fires.
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The request for STREAM Act funds will be processed once a written determination is 

made by the State’s or Tribe’s Attorney General, the reclamation agency’s chief legal 

officer, or DOI’s Office of the Solicitor confirming the State’s or Tribe’s authority to setaside and expend funds for the expanded purposes set forth in the STREAM Act without 

further changes to their statutes, regulations, or AML reclamation plan. A copy of the 

letter/legal opinion may be used to support each future grant request for STREAM Act

funds if it is included as part of your grant application or grant amendment request and 

uploaded into GrantSolutions. 

V. REPORTING REQUIREMENTS

States and Tribes must annually document and report the status and balance of the longterm AML reclamation fund amounts. 30 U.S.C. § 1231a(c)(2)(B). Although the period 

of performance for a BIL AML grant is five years, with an option for a one-time no-cost 

extension of up to one year, subject to OSMRE’s review and approval, eligible States and 

Tribes must report annually on the status of each long-term AML reclamation fund 

(projects funded, fund expenditures, and the balance of available funds) until the funds 

are totally expended. 

All AML projects, including those that are exclusively funded using BIL long-term AML 

reclamation funds, must be entered into e-AMLIS and included in Annual Evaluation 

Reports and annual grant reports. For specifics related to e-AMLIS data entry, see 

OSMRE’s Directive AML-1. For information related to annual reporting, see OSMRE’s 

Directive AML-22. 

VI. PERFORMANCE MEASUREMENTS

To support OSMRE’s efforts to report to Congress as required by section 40701(d)(3) of 

the BIL and to enhance transparency regarding the use of these funds, you are 

encouraged to report to OSMRE the benefits and performance measures of AML projects 

reclaimed using STREAM Act funds. 30 U.S.C. § 1231(a)(d)(3). Please refer to the latest 

version of the Guidance on the Bipartisan Infrastructure Law Abandoned Mine Land 

Grant Implementation for additional information on reporting.

VII. ADDITIONAL FEDERAL REQUIREMENTS

National Environmental Policy Act (NEPA) 

An AML project that is exclusively funded by STREAM Act funds—like projects 

exclusively funded by fee-based AMD set-aside funds—is not subject to NEPA or 

ATP requirements but must be entered into e-AMLIS and included in the annual grant 

reports and Annual Evaluation report. 

However, an AML project that is funded by combining STREAM Act funds with 

another funding source, such as BIL AML, AML fee-based, or Abandoned Mine 

Land Economic Revitalization (AMLER) funds, is subject to NEPA and ATP 
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requirements. These projects must also be entered into e-AMLIS and included in the 

annual grant reports and Annual Evaluation Report. 

 

Build America, Buy America Act (BABA) and the Davis-Bacon Act

All STREAM Act-funded AML projects are subject to the BABA and the DavisBacon Act. Please refer to the latest version of the Guidance on the Bipartisan 

Infrastructure Law Abandoned Mine Land Grant Implementation for additional 

information on BABA and the Davis-Bacon Act.