Surface Mining Control and Reclamation Act Amendments of 2021

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1734

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2021

Mr. Cartwright (for himself, Mr. Thompson of Pennsylvania, Mr. Meuser, 
Mr. Lamb, Mr. Reschenthaler, Mr. Brendan F. Boyle of Pennsylvania, Mr. 
Lowenthal, Mr. Mullin, Ms. Houlahan, Mr. Grijalva, Mr. Huffman, and Mr. 
    Kelly of Pennsylvania) 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 
   allow the Secretary of the Interior to delegate certain emergency 
    reclamation activities to the States and Tribes, 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 ``Surface Mining Control and 
Reclamation Act Amendments of 2021''.

SEC. 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)) is amended--
            (1) in subparagraph (A)--
                    (A) in the heading, by striking ``2022'' and 
                inserting ``2037''; and
                    (B) by striking ``2022'' and substituting ``2037''; 
                and
            (2) in subparagraph (B)--
                    (A) in the heading, by striking ``2023'' and 
                inserting ``2038'';
                    (B) by striking ``2023'' and substituting ``2038''; 
                and
                    (C) by striking ``2022'' and inserting ``2037''.

SEC. 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)) is 
amended by striking ``sections 402 and 410 excepted'' and inserting 
``section 402 excepted''.
    (b) Delegation.--Section 410 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1240) is amended--
            (1) in subsection (a), by inserting ``, including through 
        reimbursement to a State or Tribal Government described in 
        subsection (c),'' after ``moneys''; and
            (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.''.

SEC. 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)) is amended by striking ``September 30, 
2021'' and inserting ``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)) is amended--
            (1) in paragraph (6)(A), by striking ``paragraphs (1) and 
        (5)'' and inserting ``paragraphs (1), (5), and (8)'';
            (2) in paragraph (8)(A), by striking ``$3,000,000'' and 
        inserting ``$5,000,000''; and
            (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.''.

SEC. 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)) is amended by adding at the end 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)).''.
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