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 Com-
mittee 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Abandoned Mine Land 
Reclamation Fee Reauthorization Act of 2021’’. 
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SEC. 2. AMOUNTS DISTRIBUTED FROM ABANDONED MINE 
RECLAMATION FUND. 
Section 401(f)(2) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is 
amended— 
(1) in subparagraph (A)— 
(A) in the subparagraph heading, by strik-
ing ‘‘2022’’ and inserting ‘‘2037’’; and 
(B) in the matter preceding clause (i), by 
striking ‘‘2022’’ and inserting ‘‘2037’’; and 
(2) in subparagraph (B)— 
(A) in the subparagraph heading, by strik-
ing ‘‘2023’’ and inserting ‘‘2038’’; 
(B) by striking ‘‘2023’’ and inserting 
‘‘2038’’; and 
(C) by striking ‘‘2022’’ and inserting 
‘‘2037’’. 
SEC. 3. RECLAMATION FEE. 
(a) AMOUNT.—Section 402(a) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) 
is amended— 
(1) by striking ‘‘28 cents’’ and inserting ‘‘16.8 
cents’’; 
(2) by striking ‘‘12 cents’’ and inserting ‘‘7.2 
cents’’; and 
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(3) by striking ‘‘8 cents’’ and inserting ‘‘4.8 
cents’’. 
(b) DURATION.—Section 402(b) of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1232(b)) is amended by striking ‘‘September 30, 2021’’ 
and inserting ‘‘September 30, 2028’’. 
SEC. 4. APPLICABILITY OF CERTAIN TRANSFER REQUIRE-
MENT TO PAYMENTS TO STATES AND INDIAN 
TRIBES. 
Section 402(i)(3) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(i)(3)) is 
amended by adding at the end the following: 
‘‘(C) APPLICATION.—Subparagraph (B) 
shall not apply to transfers to the Secretary of 
the Interior for distribution to States and In-
dian tribes under paragraph (2).’’. 
SEC. 5. STATE MEMORANDA OF UNDERSTANDING FOR RE-
MEDIATION OF MINE DRAINAGE; COMMUNITY 
RECLAIMER PARTNERSHIPS. 
(a) STATE MEMORANDA OF UNDERSTANDING FOR 
CERTAIN REMEDIATION OF MINE DRAINAGE.—Section 
405 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1235) is amended by adding at the 
end the following: 
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‘‘(m) STATE MEMORANDA OF UNDERSTANDING FOR 
REMEDIATION OF MINE DRAINAGE.— 
‘‘(1) AUTHORIZATION.— 
‘‘(A) IN
GENERAL.—Subject to the ap-
proval of the Secretary and the Administrator 
of the Environmental Protection Agency (re-
ferred to in this subsection as the ‘Adminis-
trator’) under paragraph (4), a State with an 
approved State Reclamation Plan may enter 
into a memorandum of understanding with a 
relevant State or Federal agency to remediate 
lands and water eligible for reclamation or 
drainage abatement expenditures under this 
title. 
‘‘(B) UPDATES.—A memorandum of un-
derstanding entered into pursuant to subpara-
graph (A) may be updated as necessary and re-
submitted for approval under paragraph (4). 
‘‘(2) MEMORANDA
OF
UNDERSTANDING
RE-
QUIREMENTS.—A memorandum of understanding 
entered into pursuant to paragraph (1)(A) shall es-
tablish a strategy to address water pollution result-
ing from mine drainage lands and waters eligible for 
reclamation or drainage abatement expenditures 
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under this title. Such strategy shall include specific 
procedures for— 
‘‘(A) ensuring that activities carried out to 
address mine drainage will result in improved 
water quality; 
‘‘(B) monitoring, sampling, and reporting 
of collected information as necessary to achieve 
the condition required under clause (i); 
‘‘(C) operating and maintaining treatment 
systems as necessary to achieve the condition 
required under clause (i); and 
‘‘(D) such other matters as the parties to 
such memorandum of understanding determine 
appropriate. 
‘‘(3) PUBLIC REVIEW AND COMMENT.— 
‘‘(A) IN GENERAL.—Before submitting a 
memorandum of understanding to the Secretary 
and the Administrator for approval in accord-
ance with paragraph (4), a State shall— 
‘‘(i) invite interested members of the 
public to comment on the proposed memo-
randum of understanding; and 
‘‘(ii) hold not less than 1 public meet-
ing concerning the memorandum of under-
standing in a location reasonably accessible 
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to persons who may be affected by imple-
mentation of the memorandum of under-
standing. 
‘‘(B) NOTICE
OF
MEETING.—Not later 
than 15 days before the date of a meeting 
under subparagraph (A)(ii) the State shall pub-
lish notice of the meeting in a local newspaper 
of general circulation, on the internet, and by 
any other means the Secretary and Adminis-
trator determine appropriate. 
‘‘(4) SUBMISSION AND APPROVAL.— 
‘‘(A) IN GENERAL.—Before entering into a 
memorandum of understanding pursuant to 
paragraph (1)(A), a State shall submit the 
memorandum of understanding to the Secretary 
and the Administrator for approval. 
‘‘(B) DEADLINE.—Not later than 120 days 
after the date on which a State submits the 
memorandum of understanding for approval 
under subparagraph (A), the Secretary and the 
Administrator shall approve or disapprove the 
memorandum of understanding. 
‘‘(C) REQUIREMENT.—The Secretary and 
the Administrator shall approve a memorandum 
of understanding under this paragraph if the 
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Secretary and Administrator find that the 
memorandum of understanding will facilitate 
carrying out additional activities to improve 
water quality under the approved State Rec-
lamation Plan of the State. 
‘‘(5) TREATMENT AS PART OF STATE PLAN.— 
A memorandum of understanding that is approved 
by the Secretary and the Administrator under this 
subsection shall be considered to be part of the ap-
proved State Reclamation Plan of the State.’’. 
(b) COMMUNITY RECLAIMER PARTNERSHIPS.—Sec-
tion 405 of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1235) is further amended by add-
ing at the end the following: 
‘‘(n) COMMUNITY RECLAIMER PARTNERSHIPS.— 
‘‘(1) 
DEFINITION
OF
COMMUNITY
RE-
CLAIMER.—In this subsection, the term ‘community 
reclaimer’ means any person that— 
‘‘(A) seeks to voluntarily assist a State 
with a reclamation project under this section; 
‘‘(B) did not participate in any way in— 
‘‘(i) the creation of site conditions at 
the project site; or 
‘‘(ii) activities that caused any land or 
waters at the project site to become eligible 
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for reclamation or drainage abatement ex-
penditures under section 404; 
‘‘(C) is not a past or current owner or op-
erator of any site with ongoing reclamation obli-
gations; and 
‘‘(D) is not subject to any outstanding vio-
lations listed pursuant to section 510(c). 
‘‘(2) AUTHORIZATION
OF
COMMUNITY
RE-
CLAIMER PROJECTS.—The Secretary may authorize 
a community reclaimer to carry out a reclamation 
project under this section for which a request for ap-
proval submitted by the State under paragraph (3) 
has been approved by the Secretary in accordance 
with paragraph (4). 
‘‘(3) RECLAMATION PROJECT SUBMISSION.— 
‘‘(A) IN GENERAL.—A State may submit 
to the Secretary a request to authorize a com-
munity reclaimer to carry out a reclamation 
project under this section in the State. 
‘‘(B) REQUIREMENTS.—A request sub-
mitted under subparagraph (A) shall include— 
‘‘(i) a description of the reclamation 
project, including any engineering plans 
approved by a registered qualified profes-
sional engineer; 
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‘‘(ii) a description of each reclamation 
project site, including, if relevant, the na-
ture and extent of pollution resulting from 
mine drainage from such site; 
‘‘(iii) identification of the past and 
current owners and operators of each rec-
lamation project site; 
‘‘(iv) an agreement between the State 
and the community reclaimer to carry out 
the reclamation project; 
‘‘(v) a determination by the State that 
the reclamation project will facilitate the 
activities of the State Reclamation Plan; 
‘‘(vi) sufficient information to deter-
mine whether the community reclaimer has 
the technical capability and expertise to 
successfully carry out the reclamation 
project; 
‘‘(vii) a cost estimate for the reclama-
tion project; 
‘‘(viii) evidence that the community 
reclaimer has sufficient financial resources 
to ensure the completion of the reclamation 
project (including any operation or mainte-
nance costs); 
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‘‘(ix) a schedule for completion of the 
reclamation project; 
‘‘(x) an agreement between the com-
munity reclaimer and the owner of the af-
fected site governing access to such site; 
‘‘(xi) sufficient information to dem-
onstrate that the community reclaimer 
meets the requirements of paragraph (1); 
‘‘(xii) a contingency plan designed to 
be used in response to unplanned adverse 
events including emergency actions, re-
sponse, and notifications; and 
‘‘(xiii) an agreement by the State 
that, before the initiation of the reclama-
tion project, the State shall— 
‘‘(I) provide notice to adjacent 
and downstream landowners and the 
public; and 
‘‘(II) hold a public meeting near 
the affected site. 
‘‘(4) PROJECT APPROVAL.—Not later than 120 
days after the date on which the Secretary receives 
a request submitted under paragraph (3)(A), the 
Secretary shall approve such request if the Secretary 
determines that— 
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‘‘(A) the request complies with the submis-
sion requirements of paragraph (3)(B); 
‘‘(B) the reclamation project— 
‘‘(i) will be carried out by a commu-
nity reclaimer or an approved for such pur-
pose by an appropriate State agency sub-
contractor of the community reclaimer; 
‘‘(ii) will be carried out on lands or 
waters inventoried under section 403(c); 
‘‘(iii) in the case of a reclamation 
project that remediates mine drainage, is 
consistent with an approved State memo-
randum of understanding under subsection 
(m); and 
‘‘(iv) does not require a permit under 
title V; and 
‘‘(C) the State that submitted the re-
quest— 
‘‘(i) has entered into an agreement 
with the community reclaimer that, except 
with respect to costs or damages resulting 
from gross negligence or intentional mis-
conduct, such State shall assume responsi-
bility for any costs or damages resulting 
from the conduct of the community re-
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claimer in carrying out the reclamation 
project; 
‘‘(ii) has the necessary legal authority 
to carry out the reclamation project; 
‘‘(iii) will obtain all authorizations, 
permits, licenses, and other approvals re-
quired by law to ensure completion of the 
reclamation project; and 
‘‘(iv) has sufficient financial resources 
to ensure completion of the reclamation 
project, including any necessary operation 
and maintenance costs (including costs as-
sociated with emergency actions covered by 
a 
contingency 
plan 
under 
paragraph 
(3)(B)(xii)).’’. 
(c) CLARIFYING STATE LIABILITY FOR MINE DRAIN-
AGE PROJECTS.—Section 413(d) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1242(d)) 
is amended, in the second sentence, by striking ‘‘Act.’’ and 
inserting ‘‘Act, unless that control or treatment will be 
carried out in accordance with a State memorandum of 
understanding approved under section 405(m).’’. 
(d) CONFORMING AMENDMENTS.—Section 405(f) of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1235(f)) is amended— 
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