Surface Mining Control and Reclamation Act Amendments of 2021

IB Union Calendar No. 407 117TH CONGRESS 2D SESSION H. R. 1734 [Report No. 117–566, Part I] To amend the Surface Mining Control and Reclamation Act of 1977 to allow the Secretary of the Interior to delegate certain emergency reclama- tion 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 Pennsyl- vania, 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 provi- sions as fall within the jurisdiction of the committee concerned NOVEMBER 16, 2022 Additional sponsors: Ms. PORTER, Ms. WILD, Mr. COHEN, Ms. NORTON, Mr. FITZPATRICK, Mr. YARMUTH, Mrs. NAPOLITANO, Ms. LEGER FERNANDEZ, Ms. SEWELL, Ms. MATSUI, Mr. TONKO, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. SPANBERGER, Ms. DEAN, Ms. SCANLON, Mrs. LURIA, Mr. POCAN, Mr. COOPER, Mr. MCEACHIN, and Ms. BONAMICI NOVEMBER 16, 2022 Reported from the Committee on Natural Resources NOVEMBER 16, 2022 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 01:02 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1734.RH H1734 SSpencer on DSK126QN23PROD with BILLS 2 •HR 1734 RH 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. VerDate Sep 11 2014 01:02 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1734.RH H1734 SSpencer on DSK126QN23PROD with BILLS 3 •HR 1734 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Surface Mining Con- 4 trol and Reclamation Act Amendments of 2021’’. 5 SEC. 2. ABANDONED MINE LAND RECLAMATION FUND. 6 Section 401(f)(2) of the Surface Mining Control and 7 Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is 8 amended— 9 (1) in subparagraph (A)— 10 (A) in the heading, by striking ‘‘2022’’ and 11 inserting ‘‘2037’’; and 12 (B) by striking ‘‘2022’’ and substituting 13 ‘‘2037’’; and 14 (2) in subparagraph (B)— 15 (A) in the heading, by striking ‘‘2023’’ and 16 inserting ‘‘2038’’; 17 (B) by striking ‘‘2023’’ and substituting 18 ‘‘2038’’; and 19 (C) by striking ‘‘2022’’ and inserting 20 ‘‘2037’’. 21 SEC. 3. EMERGENCY POWERS. 22 (a) STATE RECLAMATION PROGRAM.—Section 23 405(d) of the Surface Mining Control and Reclamation 24 Act of 1977 (30 U.S.C. 1235(d)) is amended by striking 25 VerDate Sep 11 2014 01:02 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RH H1734 SSpencer on DSK126QN23PROD with BILLS 4 •HR 1734 RH ‘‘sections 402 and 410 excepted’’ and inserting ‘‘section 1 402 excepted’’. 2 (b) DELEGATION.—Section 410 of the Surface Min- 3 ing Control and Reclamation Act of 1977 (30 U.S.C. 4 1240) is amended— 5 (1) in subsection (a), by inserting ‘‘, including 6 through reimbursement to a State or Tribal Govern- 7 ment described in subsection (c),’’ after ‘‘moneys’’; 8 and 9 (2) by adding at the end the following: 10 ‘‘(c) STATE OR TRIBAL GOVERNMENT.—A State or 11 Tribal Government is eligible to receive reimbursement 12 from the Secretary under subsection (a) if such State or 13 Tribal Government has submitted, and the Secretary has 14 approved, an Abandoned Mine Land Emergency Program 15 as part of an approved State or Tribal Reclamation Plan 16 under section 405.’’. 17 SEC. 4. RECLAMATION FEE. 18 (a) DURATION.—Effective 90 days after the date of 19 enactment of this Act, section 402(b) of the Surface Min- 20 ing Control and Reclamation Act of 1977 (30 U.S.C. 21 1232(b)) is amended by striking ‘‘September 30, 2021’’ 22 and inserting ‘‘September 30, 2036’’. 23 (b) ALLOCATION OF FUNDS.—Effective September 24 30, 2021, section 402(g) of the Surface Mining Control 25 VerDate Sep 11 2014 01:02 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RH H1734 SSpencer on DSK126QN23PROD with BILLS 5 •HR 1734 RH and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is 1 amended— 2 (1) in paragraph (6)(A), by striking ‘‘para- 3 graphs (1) and (5)’’ and inserting ‘‘paragraphs (1), 4 (5), and (8)’’; 5 (2) in paragraph (8)(A), by striking 6 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’; and 7 (3) by adding at the end the following: 8 ‘‘(9) From amounts withheld pursuant to the 9 Budget Control Act of 2011 from payments to 10 States and Indian Tribes under this subsection and 11 section 411(h) of the Surface Mining Control and 12 Reclamation Act during fiscal years 2013 through 13 2021, the Secretary shall distribute for fiscal year 14 2022 an amount to each State and Indian Tribe 15 equal to the total amount withheld.’’. 16 SEC. 5. EXEMPT PROGRAMS AND ACTIVITIES. 17 Section 255(g)(1)(A) of the Balanced Budget and 18 Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) 19 is amended by adding at the end the following: ‘‘Payments 20 to States and Indian Tribes from the Abandoned Mine 21 Reclamation Fund and payments to States and Indian 22 Tribes under section 402(i)(2) of the Surface Mining Con- 23 trol and Reclamation Act of 1977 (30 U.S.C. 24 1232(i)(2)).’’. 25 VerDate Sep 11 2014 01:02 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RH H1734 SSpencer on DSK126QN23PROD with BILLS Union Calendar No. 407 117TH CONGRESS 2D SESSION H. R. 1734 [Report No. 117–566, Part I] A BILL To amend the Surface Mining Control and Rec- lamation Act of 1977 to allow the Secretary of the Interior to delegate certain emergency rec- lamation activities to the States and Tribes, and for other purposes. NOVEMBER 16, 2022 Reported from the Committee on Natural Resources NOVEMBER 16, 2022 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 01:02 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1734.RH H1734 SSpencer on DSK126QN23PROD with BILLS