Amendments to the Surface Mining Control and Reclamation Act

(a)

Coal mine reclamation program

Title V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding at the end the following:

530.

OSMRE coal mine reclamation program

(a)

Establishment

Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program—(1)to help ensure the Office of Surface Mining Reclamation and Enforcement has sufficient funds to carry out covered reclamation projects; and(2)to award grants to States and Indian tribes to carry out covered reclamation projects. (b)

Grant program

(1)

In general

The Secretary may award grants under this section to States and Indian tribes to carry out covered reclamation projects.(2)

Priority

In awarding grants under this section, the Secretary shall allocate grant funds based on need. (3)

Additional criteria

To be eligible for a grant under this section—(A)a State or Indian tribe shall maintain State bonding requirements approved under section 503 that are not less stringent than the bonding requirements of such State on the date of enactment of this section;(B)if the Secretary determines appropriate, a State or Indian tribe shall address deficiencies in its approved alternative bonding system on permitted coal mines;(C)an Indian tribe shall have an approved regulatory program pursuant to this title and section 710; (D)a State or Indian tribe shall demonstrate—(i)the use of all available legal remedies to the extent practicable to recover reclamation costs from responsible persons liable under this Act, including corporate parents, owners, and executives;(ii)with respect to the use of such grant funds, requirements for—(I)active coal mines within its jurisdiction to reclaim surface areas as contemporaneously as practicable with surface coal mining operations pursuant to the purposes of this Act;(II)coal mine reclamation within its jurisdiction to be carried out according to approved reclamation plans;(III)compliance with the Clean Water Act (33 U.S.C. 1251 et seq.); and(IV)payments of wages not less than those prevailing on similar projects in the locality, for all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this section, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis-Bacon Act''); (iii)the aggregation of reclamation projects when practicable to improve economies of scale; and(iv)active facilitation of community engagement in the design and oversight of reclamation projects; and(E)meet such additional requirements as the Secretary determines appropriate.(4)

Application

(A)

Annual requirement

The Secretary shall require, from each State or Indian tribe applying for grant funds under this section, an application for each fiscal year.(B)

Projected shortfall

Each application shall include the following information:(i)For a State applicant, the projected annual shortfall in funding for reclamation with respect to all coal mines where the State forfeited a reclamation bond.(ii)For an Indian tribe applicant, the projected annual shortfall in funding for reclamation with respect to all coal mines where the Indian tribe forfeited a reclamation bond. (c)

Authorization of appropriations

(1)

In general

In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary $385,000,000 for each of fiscal years 2023 through 2032 to carry out this section.(2)

Administrative costs

Of the amounts made available under this section, the Secretary may use $1,000,000 each fiscal year for the costs of administering this section.(d)

Definitions

In this section: (1)

Covered reclamation project

The term covered reclamation project—(A)means a coal mine reclamation project on a site where a performance bond was forfeited and found to be insufficient; and(B)includes reclamation projects—(i)involving lands or waters mined for coal under a permit under this Act that were subject to permit revocation and bond forfeiture pursuant to section 800.50 of title 30, Code of Federal Regulations, (or its equivalent in an approved State or Tribal program); and(ii)where there is a shortfall between the actual cost of reclamation, including long-term water treatment, and the value of any forfeited bonding instrument. (2)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement.(e)

Termination

The program established under subsection (a) shall terminate on September 30, 2032.

(b)

Grants to the States

Section 705(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1295(a)) is amended to read as follows:

(a)The Secretary is authorized to make annual grants to any State for the purpose of assisting such State in developing, administering, and enforcing State programs under this Act. Except as provided in subsection (c)—(1)through fiscal year 2022, such grants shall not exceed 80 percent of the total costs incurred during the first year, 60 percent of total costs incurred during the second year, and 50 percent of the total costs incurred during each year thereafter;(2)for fiscal year 2023 and 2024, such grants shall not exceed 75 percent of the total costs incurred during each year; and(3)for fiscal year 2025 and thereafter, such grants shall not exceed 100 percent of the total costs incurred during each year.

(c)

Clerical amendment

The table of contents for the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is amended by inserting after the item relating to section 529 the following:

Sec. 530. OSMRE coal mine reclamation program.