Abandoned Mine Land Reclamation Fee Reauthorization Act of 2021
Bill: H.R.2462 | Sponsor: Rep. Cheney, Liz (R-WY)
Policy area: Environmental Protection

Summary:
Abandoned Mine Land Reclamation Fee Reauthorization Act of 2021
This bill reduces the fee certain coal mining operations must pay to the Abandoned Mine Reclamation Fund, reauthorizes such fee through FY2028, and otherwise revises provisions regarding the fund and mine reclamation.
Under the existing Abandoned Mine Land Reclamation Program, the Office of Surface Mining, Reclamation and Enforcement (OSMRE) collects a fee from coal mining companies for each ton of coal produced. The fees are deposited into the fund, which may be used to address hazards to public health, safety, and the environment from coal mining sites that were abandoned or unreclaimed as of August 3, 1977. For example, the fund may be used to provide grants to states and Indian tribes to reclaim and clean up land and water affected by such sites.
OSMRE's authority to collect the fee expires on September 30, 2021. This bill extends the authority to collect the fee for seven years and reduces the fee for all categories of coal. It also provides additional grants for certain priority sites and revises requirements governing the distribution of grants to states and Indian tribes from the program.
In addition, the bill allows states to (1) enter into a memorandum of understanding with relevant states or federal agencies to clean up lands and waters affected by such sites, and (2) partner with a community reclaimer who volunteers to carry out a reclamation project approved by the Department of the Interior.

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 Representatives 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''.

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 striking 
                ``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 striking 
                ``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
            (3) by striking ``8 cents'' and inserting ``4.8 cents''.
    (b) Duration.--Section 402(b) of the Surface Mining 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 REQUIREMENT 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 Indian tribes under 
                paragraph (2).''.

SEC. 5. STATE MEMORANDA OF UNDERSTANDING FOR REMEDIATION 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:
    ``(m) State Memoranda of Understanding for Remediation of Mine 
Drainage.--
            ``(1) Authorization.--
                    ``(A) In general.--Subject to the approval of the 
                Secretary and the Administrator of the Environmental 
                Protection Agency (referred to in this subsection as 
                the `Administrator') 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 understanding 
                entered into pursuant to subparagraph (A) may be 
                updated as necessary and resubmitted for approval under 
                paragraph (4).
            ``(2) Memoranda of understanding requirements.--A 
        memorandum of understanding entered into pursuant to paragraph 
        (1)(A) shall establish a strategy to address water pollution 
        resulting from mine drainage lands and waters eligible for 
        reclamation or drainage abatement expenditures 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 accordance with paragraph (4), a State 
                shall--
                            ``(i) invite interested members of the 
                        public to comment on the proposed memorandum of 
                        understanding; and
                            ``(ii) hold not less than 1 public meeting 
                        concerning the memorandum of understanding in a 
                        location reasonably accessible to persons who 
                        may be affected by implementation of the 
                        memorandum of understanding.
                    ``(B) Notice of meeting.--Not later than 15 days 
                before the date of a meeting under subparagraph (A)(ii) 
                the State shall publish notice of the meeting in a 
                local newspaper of general circulation, on the 
                internet, and by any other means the Secretary and 
                Administrator 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 Secretary and 
                Administrator find that the memorandum of understanding 
                will facilitate carrying out additional activities to 
                improve water quality under the approved State 
                Reclamation 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 approved State Reclamation Plan of the State.''.
    (b) Community Reclaimer Partnerships.--Section 405 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235) is further 
amended by adding at the end the following:
    ``(n) Community Reclaimer Partnerships.--
            ``(1) Definition of community reclaimer.--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 
                        for reclamation or drainage abatement 
                        expenditures under section 404;
                    ``(C) is not a past or current owner or operator of 
                any site with ongoing reclamation obligations; and
                    ``(D) is not subject to any outstanding violations 
                listed pursuant to section 510(c).
            ``(2) Authorization of community reclaimer projects.--The 
        Secretary may authorize a community reclaimer to carry out a 
        reclamation project under this section for which a request for 
        approval 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 community reclaimer 
                to carry out a reclamation project under this section 
                in the State.
                    ``(B) Requirements.--A request submitted under 
                subparagraph (A) shall include--
                            ``(i) a description of the reclamation 
                        project, including any engineering plans 
                        approved by a registered qualified professional 
                        engineer;
                            ``(ii) a description of each reclamation 
                        project site, including, if relevant, the 
                        nature and extent of pollution resulting from 
                        mine drainage from such site;
                            ``(iii) identification of the past and 
                        current owners and operators of each 
                        reclamation 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 determine 
                        whether the community reclaimer has the 
                        technical capability and expertise to 
                        successfully carry out the reclamation project;
                            ``(vii) a cost estimate for the reclamation 
                        project;
                            ``(viii) evidence that the community 
                        reclaimer has sufficient financial resources to 
                        ensure the completion of the reclamation 
                        project (including any operation or maintenance 
                        costs);
                            ``(ix) a schedule for completion of the 
                        reclamation project;
                            ``(x) an agreement between the community 
                        reclaimer and the owner of the affected site 
                        governing access to such site;
                            ``(xi) sufficient information to 
                        demonstrate 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, response, and 
                        notifications; and
                            ``(xiii) an agreement by the State that, 
                        before the initiation of the reclamation 
                        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--
                    ``(A) the request complies with the submission 
                requirements of paragraph (3)(B);
                    ``(B) the reclamation project--
                            ``(i) will be carried out by a community 
                        reclaimer or an approved for such purpose by an 
                        appropriate State agency subcontractor 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 memorandum of 
                        understanding under subsection (m); and
                            ``(iv) does not require a permit under 
                        title V; and
                    ``(C) the State that submitted the request--
                            ``(i) has entered into an agreement with 
                        the community reclaimer that, except with 
                        respect to costs or damages resulting from 
                        gross negligence or intentional misconduct, 
                        such State shall assume responsibility for any 
                        costs or damages resulting from the conduct of 
                        the community reclaimer 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 required 
                        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 associated 
                        with emergency actions covered by a contingency 
                        plan under paragraph (3)(B)(xii)).''.
    (c) Clarifying State Liability for Mine Drainage 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--
            (1) in paragraph (6), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) a list of reclamation projects with respect to which 
        such State has submitted a request under subsection (n)(3).''.

SEC. 6. ADDITIONAL GRANTS FROM ABANDONED MINE RECLAMATION FUND.

    (a) Additional Grants for Priority 1 and Priority 2 Sites.--
            (1) In general.--Title IV of the Surface Mining Control and 
        Reclamation Act of 1977 is amended by inserting after section 
        415 (30 U.S.C. 1244) the following:

``SEC. 416. ADDITIONAL GRANTS FOR PRIORITY 1 AND PRIORITY 2 SITES.

    ``(a) Definition of Eligible State or Indian Tribe.--In this 
section, the term `eligible State or Indian tribe' means a State or 
Indian tribe--
            ``(1) with an approved State Reclamation Plan under section 
        405; and
            ``(2) that is not certified under section 411(a).
    ``(b) Additional Grants.--Of amounts in the fund that are not 
otherwise appropriated, $140,000,000 shall be made available to the 
Secretary, for each of fiscal years 2022 through 2037, to make grants 
to eligible States and Indian tribes to carry out reclamation projects 
to achieve the priorities described in paragraphs (1) and (2) of 
section 403(a).
    ``(c) Requirement.--In making grants under subsection (b) to 
eligible States and Indian tribes, the Secretary shall allocate the 
grants to those eligible States and Indian tribes based on the amount 
of coal historically produced in the State or from the Indian lands 
concerned before August 3, 1977, according to the formula described in 
section 402(g)(5).''.
            (2) Conforming amendment.--The table of contents of the 
        Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
        1201) is amended by adding after the item relating to section 
        414 the following:

``Sec. 415. Remining incentives.
``Sec. 416. Additional grants for priority 1 and priority 2 sites.''.
    (b) Conforming Amendments.--
            (1) Section 401 of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1231) is further amended--
                    (A) in subsection (c)--
                            (i) in paragraph (10), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (11) as 
                        paragraph (12); and
                            (iii) by inserting after paragraph (10) the 
                        following:
            ``(11) to make additional grants under section 416; and''; 
        and
                    (B) in subsection (d)(3), by inserting ``and 
                section 416'' before the period at the end; and
            (2) Section 402(g) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``and section 416'' 
                after ``subsection (h)''; and
                    (B) in paragraph (3), by adding at the end the 
                following:
            ``(F) For the purpose of section 416.''.

SEC. 7. INCREASED REVENUE SHARING WITH COAL-PRODUCING STATES.

    Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) is 
amended, in the first sentence, by striking ``50 per centum thereof'' 
and inserting ``50 percent of the amount received, or in the case of 
any amount received from coal leases, 60 percent of the amount 
received,''.

SEC. 8. SEQUESTRATION PROVISIONS.

    (a) Exemption of Payments to States and Indian Tribes From the 
Abandoned Mine Reclamation Fund From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
                        ``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)) 
                        (12-50q5-0-2-999).''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.
    (b) Payment From Withheld Amounts.--
            (1) In general.--From amounts withheld pursuant to section 
        251A of the Balanced Budget and Emergency Deficit Control Act 
        of 1985 (2 U.S.C. 901a) from payments to States and Indian 
        tribes under section 402(g) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1232(g)) during fiscal years 
        2013 through 2020, the Secretary of the Interior shall 
        distribute for fiscal year 2021 to each State and each Indian 
        tribe from which the amounts were withheld an amount equal to 
        the total amount so withheld from the State or Indian tribe.
            (2) Use.--Amounts distributed under paragraph (1) may be 
        used by a State or Indian tribe only for the purposes 
        authorized by section 402(g) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1232(g)).

SEC. 9. DEPARTMENT OF THE INTERIOR STUDY AND REPORT ON TECHNOLOGICAL 
              INNOVATIONS FOR USE IN THE ABANDONED MINE LAND 
              RECLAMATION PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior shall complete a 
study of technologies for use in carrying out abandoned mine 
reclamation activities under title IV of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) that would improve 
reclamation and reduce costs of such reclamation, including the 
application of technical innovations in the technology development and 
transfer program of the Office of Surface Mining Reclamation and 
Enforcement, including--
            (1) geomorphic reclamation;
            (2) drone technology; and
            (3) other technologies that would--
                    (A) improve overall reclamation;
                    (B) reduce costs of reclamation; and
                    (C) improve safety.
    (b) Report.--As soon as practicable after completing the study 
under subsection (a), the Secretary of the Interior shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
describing the results of the study that includes recommendations for 
areas of improvement identified under the study.

SEC. 10. DEPARTMENT OF THE INTERIOR STUDY AND REPORT TO STRENGTHEN 
              OVERSIGHT OF THE ABANDONED MINE LAND RECLAMATION PROGRAM.

    (a) Study and Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        complete a study--
                    (A) to identify potential cost reductions in 
                abandoned mine reclamation activities carried out under 
                title IV of the Surface Mining Control and Reclamation 
                Act of 1977 (30 U.S.C. 1231 et seq.); and
                    (B) to determine the ratio of overhead spending in 
                the administration of such activities to spending on 
                reclamation activities under such title.
            (2) Report.--As soon as practicable after completing the 
        study under paragraph (1), the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a report describing the results of the study that includes 
        recommendations for areas of improvement identified under the 
        study.
    (b) Annual Office of Surface Mining Reclamation and Enforcement 
Report.--The Secretary shall require the Director of the Office of 
Surface Mining Reclamation and Enforcement to publish annual reports on 
the efficacy of the Abandoned Mine Land Reclamation Economic 
Development Pilot Program (also known as the ``AML Pilot''), including 
a detailed accounting of all projects funded and completed using 
funding made available for such program under the heading ``DEPARTMENT 
OF THE INTERIOR -- OFFICE OF SURFACE MINING RECLAMATION -- Abandoned 
mine reclamation fund'' in the division relating to appropriations for 
the Departments of the Interior, Environment, and related agencies in 
each of the following Acts:
            (1) The Consolidated Appropriations Act, 2016 (Public Law 
        114-113; 129 Stat. 2536).
            (2) The Consolidated Appropriations Act, 2017 (Public Law 
        115-31; 131 Stat. 446).
            (3) The Consolidated Appropriations Act, 2018 (Public Law 
        115-141; 132 Stat 646).
            (4) The Consolidated Appropriations Act, 2019 (Public Law 
        116-6; 133 Stat. 217).
            (5) The Further Consolidated Appropriations Act, 2020 
        (Public Law 116-94; 133 Stat. 2698).
            (6) The Consolidated Appropriations Act, 2021 (Public Law 
        116-260).
            (7) any future Act providing appropriations for the 
        Department of the Interior, Environment, and related agencies.
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