Surface Mining Control and Reclamation Act Amendments of 2021

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. Short title This Act may be cited as the Surface Mining Control and Reclamation Act Amendments of 2021 2. Abandoned Mine Land Reclamation Fund Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231(f)(2) (1) in subparagraph (A)— (A) in the heading, by striking 2022 2037 (B) by striking 2022 2037 (2) in subparagraph (B)— (A) in the heading, by striking 2023 2038 (B) by striking 2023 2038 (C) by striking 2022 2037 3. Emergency Powers (a) State reclamation program Section 405(d) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235(d) sections 402 and 410 excepted section 402 excepted (b) Delegation Section 410 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1240 (1) in subsection (a), by inserting , including through reimbursement to a State or Tribal Government described in subsection (c), moneys (2) by adding at the end the following: (c) State or Tribal Government A State or Tribal Government is eligible to receive reimbursement from the Secretary under subsection (a) if such State or Tribal Government has submitted, and the Secretary has approved, an Abandoned Mine Land Emergency Program as part of an approved State or Tribal Reclamation Plan under section 405. . 4. Reclamation fee (a) Duration Effective 90 days after the date of enactment of this Act, section 402(b) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(b) September 30, 2021 September 30, 2036 (b) Allocation of funds Effective September 30, 2021, section 402(g) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(g) (1) in paragraph (6)(A), by striking paragraphs (1) and (5) paragraphs (1), (5), and (8) (2) in paragraph (8)(A), by striking $3,000,000 $5,000,000 (3) by adding at the end the following: (9) From amounts withheld pursuant to the Budget Control Act of 2011 from payments to States and Indian Tribes under this subsection and section 411(h) of the Surface Mining Control and Reclamation Act during fiscal years 2013 through 2021, the Secretary shall distribute for fiscal year 2022 an amount to each State and Indian Tribe equal to the total amount withheld. . 5. Exempt programs and activities Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act ( 2 U.S.C. 905(g)(1)(A) 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) November 16, 2022 Reported from the Committee on Natural Resources November 16, 2022 Committee on the Budget

Summary: Surface Mining Control and Reclamation Act Amendments of 2021 This bill reauthorizes the Department of the Interior to collect fees on the production of coal through FY2036, expands the eligible uses of the Abandoned Mine Reclamation Fund, and revises requirements concerning the fund. Under current law, operators of active coal mines must pay such fees through FY2021. Revenue from the fees are deposited into the Abandoned Mine Reclamation Fund, which is used for the reclamation of abandoned coal mines. The bill authorizes Interior to reimburse states and tribal governments from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices. It also increases the minimum amount of funds from $3 million to $5 million that Interior must award to states and Indian tribes that have approved abandoned mine reclamation programs.