[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1600 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1600

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

                              May 12, 2021

  Mr. Barrasso (for himself and Ms. Lummis) 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 2021''.

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 ``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. 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 2021, the Secretary of the Interior (referred to 
        in this Act as the ``Secretary'') shall distribute for fiscal 
        year 2022 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 2022 
through 2037, 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 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.) (referred to in this 
Act as the ``program'') 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 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 shall complete a study--
                    (A) to identify areas throughout the program in 
                which costs could be reduced; and
                    (B) to determine the ratio of overhead spending in 
                the administration of the program to spending on the 
                clean up of abandoned mine land sites.
            (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 OSMRE 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 that program under the heading 
``abandoned mine reclamation fund'' under the heading ``Office of 
Surface Mining Reclamation and Enforcement'' under the heading 
``DEPARTMENT OF THE INTERIOR'' in title I of the division relating to 
Department of the Interior, Environment, and related agencies 
appropriations in each of--
            (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); and
            (7) any future appropriations Act.
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