Abandoned Mine Land Reclamation Fee Reauthorization Act of 2020
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.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3971 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3971
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 SENATE OF THE UNITED STATES
June 17, 2020
Mr. Barrasso (for himself and Mr. Enzi) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
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 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 2020''.
SEC. 2. 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 ``18.2 cents'';
(2) by striking ``12 cents'' and inserting ``7.8 cents'';
and
(3) by striking ``8 cents'' and inserting ``5.2 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. 3. 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. 4. 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:
``(1) ``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. 5. 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. 6. 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. 7. ADDITIONAL GRANTS FROM ABANDONED MINE RECLAMATION FUND.
(a) 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, without further appropriation, for each of fiscal years 2021
through 2036, to make grants to eligible States and Indian tribes for
the conduct of reclamation projects designed 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 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, in the same manner as under section
402(g)(5).''.
(b) Conforming Amendments.--
(1) Section 401 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231) is 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.
(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. 8. 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 relevant Federal or
State agencies to remediate mine drainage on abandoned
mine land and water impacted by abandoned mines within
the State.
``(B) Updates.--A memorandum of understanding
entered into under subparagraph (A) may be updated as
necessary and resubmitted for approval under paragraph
(4).
``(2) Memoranda of understanding requirements.--
``(A) In general.--A memorandum of understanding
entered into under paragraph (1)(A) shall establish a
strategy to address water pollution resulting from mine
drainage at sites eligible for reclamation and mine
drainage abatement expenditures under section 404,
including specific procedures for--
``(i) ensuring that activities carried out
to address mine drainage will result in
improved water quality;
``(ii) monitoring, sampling, and reporting
of collected information as necessary to
achieve the condition required under clause
(i);
``(iii) operation and maintenance of
treatment systems as necessary to achieve the
condition required under clause (i); and
``(iv) other purposes, as considered
necessary by the State or Federal agencies that
are parties to the memorandum of understanding,
to achieve the condition required under clause
(i).
``(B) Requirement.--The strategy established under
subparagraph (A) shall be satisfactory to the State and
Federal agencies that are parties to the memorandum of
understanding.
``(3) Public review and comment.--
``(A) In general.--Before submitting a memorandum
of understanding to the Secretary and the Administrator
for approval under paragraph (4), a State shall--
``(i) invite interested members of the
public to comment on the 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),
the State shall publish notice of the meeting in local
newspapers of general circulation, on the internet, and
by any other means considered necessary or desirable by
the Secretary and the Administrator.
``(4) Submission and approval.--
``(A) In general.--Before entering into a
memorandum of understanding under 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 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) (as amended
by subsection (a)) is 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
who--
``(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 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) 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 project,
including any engineering plans that include
the seal of a professional engineer;
``(ii) a description of the 1 or more
project sites, including, if relevant, the
nature and extent of pollution resulting from
mine drainage;
``(iii) identification of the past and
current owners and operators of any project
sites;
``(iv) the agreement or contract between
the State and the community reclaimer to carry
out the project;
``(v) a determination by the State that the
project will facilitate the activities of the
State Reclamation Plan under subsection (e);
``(vi) sufficient information to determine
whether the community reclaimer has the
technical capability and expertise to
successfully conduct the project;
``(vii) a cost estimate for the project;
``(viii) evidence that the community
reclaimer has sufficient financial resources to
ensure the successful completion of the project
(including any operation or maintenance costs);
``(ix) a schedule for completion of the
project;
``(x) an agreement between the community
reclaimer and the owner of the project site
governing access to the project site;
``(xi) sufficient information to ensure
that the community reclaimer meets the
requirements of paragraph (1);
``(xii) a contingency plan designed to be
used in response to unplanned adverse events
that includes emergency actions, response, and
notifications; and
``(xiii) an agreement by the State that,
before the initiation of the project, the State
shall--
``(I) provide notice to adjacent
and downstream landowners and the
public; and
``(II) hold a public meeting near
the project 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 the request for
the community reclaimer to carry out the project, if the
Secretary determines that--
``(A) the project--
``(i) complies with the submission
requirements under paragraph (3)(B);
``(ii) will be conducted by a community
reclaimer or 1 or more approved subcontractors
of the community reclaimer;
``(iii) will be conducted on 1 or more
sites inventoried under section 403(c);
``(iv) in the case of a project that
remediates mine drainage, is consistent with an
approved State memorandum of understanding
under subsection (m); and
``(v) is not in a category of projects that
would require a permit under title V; and
``(B) the State that submitted the request--
``(i) has entered into an agreement with
the community reclaimer under which the State
shall assume all responsibility with respect to
the project for any costs or damages resulting
from any action or inaction on the part of the
community reclaimer in carrying out the
project, except for costs or damages resulting
from gross negligence or intentional misconduct
by the community reclaimer, on behalf of the
community reclaimer and the owner of the
project site, if the community reclaimer or
owner, respectively, did not participate in any
way in the creation of site conditions at the
project site or activities that caused any land
or water to become eligible for reclamation or
drainage abatement expenditures under section
404;
``(ii)(I) has the necessary legal authority
to carry out the project; and
``(II) will obtain all authorizations,
permits, licenses, and other approvals required
by law to ensure completion of the project; and
``(iii) has sufficient financial resources
to ensure completion of the 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
conducted 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 projects proposed under subsection (n).''.
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 the abandoned mine land reclamation
program established 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 under the program, 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) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall complete a
study--
(1) to identify areas throughout the abandoned mine land
reclamation program established under title IV of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et
seq.) in which costs could be reduced; and
(2) to determine the ratio of overhead spending in the
administration of the abandoned mine land reclamation program
described in paragraph (1) to spending on the clean up of
abandoned mine land sites.
(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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