Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
I
117TH CONGRESS
1ST SESSION H. R. 2462
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 HOUSE OF REPRESENTATIVES
APRIL 13, 2021
Ms. CHENEY (for herself, Mr. JOHNSON of Ohio, and Mrs. MILLER of West
Virginia) introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned
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 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 ‘‘Abandoned Mine Land
4
Reclamation Fee Reauthorization Act of 2021’’.
5
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 2462 IH
SEC. 2. AMOUNTS DISTRIBUTED FROM ABANDONED MINE
1
RECLAMATION FUND.
2
Section 401(f)(2) of the Surface Mining Control and
3
Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is
4
amended—
5
(1) in subparagraph (A)—
6
(A) in the subparagraph heading, by strik-
7
ing ‘‘2022’’ and inserting ‘‘2037’’; and
8
(B) in the matter preceding clause (i), by
9
striking ‘‘2022’’ and inserting ‘‘2037’’; and
10
(2) in subparagraph (B)—
11
(A) in the subparagraph heading, by strik-
12
ing ‘‘2023’’ and inserting ‘‘2038’’;
13
(B) by striking ‘‘2023’’ and inserting
14
‘‘2038’’; and
15
(C) by striking ‘‘2022’’ and inserting
16
‘‘2037’’.
17
SEC. 3. RECLAMATION FEE.
18
(a) AMOUNT.—Section 402(a) of the Surface Mining
19
Control and Reclamation Act of 1977 (30 U.S.C. 1232(a))
20
is amended—
21
(1) by striking ‘‘28 cents’’ and inserting ‘‘16.8
22
cents’’;
23
(2) by striking ‘‘12 cents’’ and inserting ‘‘7.2
24
cents’’; and
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 2462 IH
(3) by striking ‘‘8 cents’’ and inserting ‘‘4.8
1
cents’’.
2
(b) DURATION.—Section 402(b) of the Surface Min-
3
ing Control and Reclamation Act of 1977 (30 U.S.C.
4
1232(b)) is amended by striking ‘‘September 30, 2021’’
5
and inserting ‘‘September 30, 2028’’.
6
SEC. 4. APPLICABILITY OF CERTAIN TRANSFER REQUIRE-
7
MENT TO PAYMENTS TO STATES AND INDIAN
8
TRIBES.
9
Section 402(i)(3) of the Surface Mining Control and
10
Reclamation Act of 1977 (30 U.S.C. 1232(i)(3)) is
11
amended by adding at the end the following:
12
‘‘(C) APPLICATION.—Subparagraph (B)
13
shall not apply to transfers to the Secretary of
14
the Interior for distribution to States and In-
15
dian tribes under paragraph (2).’’.
16
SEC. 5. STATE MEMORANDA OF UNDERSTANDING FOR RE-
17
MEDIATION OF MINE DRAINAGE; COMMUNITY
18
RECLAIMER PARTNERSHIPS.
19
(a) STATE MEMORANDA OF UNDERSTANDING FOR
20
CERTAIN REMEDIATION OF MINE DRAINAGE.—Section
21
405 of the Surface Mining Control and Reclamation Act
22
of 1977 (30 U.S.C. 1235) is amended by adding at the
23
end the following:
24
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 2462 IH
‘‘(m) STATE MEMORANDA OF UNDERSTANDING FOR
1
REMEDIATION OF MINE DRAINAGE.—
2
‘‘(1) AUTHORIZATION.—
3
‘‘(A) IN
GENERAL.—Subject to the ap-
4
proval of the Secretary and the Administrator
5
of the Environmental Protection Agency (re-
6
ferred to in this subsection as the ‘Adminis-
7
trator’) under paragraph (4), a State with an
8
approved State Reclamation Plan may enter
9
into a memorandum of understanding with a
10
relevant State or Federal agency to remediate
11
lands and water eligible for reclamation or
12
drainage abatement expenditures under this
13
title.
14
‘‘(B) UPDATES.—A memorandum of un-
15
derstanding entered into pursuant to subpara-
16
graph (A) may be updated as necessary and re-
17
submitted for approval under paragraph (4).
18
‘‘(2) MEMORANDA
OF
UNDERSTANDING
RE-
19
QUIREMENTS.—A memorandum of understanding
20
entered into pursuant to paragraph (1)(A) shall es-
21
tablish a strategy to address water pollution result-
22
ing from mine drainage lands and waters eligible for
23
reclamation or drainage abatement expenditures
24
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 2462 IH
under this title. Such strategy shall include specific
1
procedures for—
2
‘‘(A) ensuring that activities carried out to
3
address mine drainage will result in improved
4
water quality;
5
‘‘(B) monitoring, sampling, and reporting
6
of collected information as necessary to achieve
7
the condition required under clause (i);
8
‘‘(C) operating and maintaining treatment
9
systems as necessary to achieve the condition
10
required under clause (i); and
11
‘‘(D) such other matters as the parties to
12
such memorandum of understanding determine
13
appropriate.
14
‘‘(3) PUBLIC REVIEW AND COMMENT.—
15
‘‘(A) IN GENERAL.—Before submitting a
16
memorandum of understanding to the Secretary
17
and the Administrator for approval in accord-
18
ance with paragraph (4), a State shall—
19
‘‘(i) invite interested members of the
20
public to comment on the proposed memo-
21
randum of understanding; and
22
‘‘(ii) hold not less than 1 public meet-
23
ing concerning the memorandum of under-
24
standing in a location reasonably accessible
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
6
•HR 2462 IH
to persons who may be affected by imple-
1
mentation of the memorandum of under-
2
standing.
3
‘‘(B) NOTICE
OF
MEETING.—Not later
4
than 15 days before the date of a meeting
5
under subparagraph (A)(ii) the State shall pub-
6
lish notice of the meeting in a local newspaper
7
of general circulation, on the internet, and by
8
any other means the Secretary and Adminis-
9
trator determine appropriate.
10
‘‘(4) SUBMISSION AND APPROVAL.—
11
‘‘(A) IN GENERAL.—Before entering into a
12
memorandum of understanding pursuant to
13
paragraph (1)(A), a State shall submit the
14
memorandum of understanding to the Secretary
15
and the Administrator for approval.
16
‘‘(B) DEADLINE.—Not later than 120 days
17
after the date on which a State submits the
18
memorandum of understanding for approval
19
under subparagraph (A), the Secretary and the
20
Administrator shall approve or disapprove the
21
memorandum of understanding.
22
‘‘(C) REQUIREMENT.—The Secretary and
23
the Administrator shall approve a memorandum
24
of understanding under this paragraph if the
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
7
•HR 2462 IH
Secretary and Administrator find that the
1
memorandum of understanding will facilitate
2
carrying out additional activities to improve
3
water quality under the approved State Rec-
4
lamation Plan of the State.
5
‘‘(5) TREATMENT AS PART OF STATE PLAN.—
6
A memorandum of understanding that is approved
7
by the Secretary and the Administrator under this
8
subsection shall be considered to be part of the ap-
9
proved State Reclamation Plan of the State.’’.
10
(b) COMMUNITY RECLAIMER PARTNERSHIPS.—Sec-
11
tion 405 of the Surface Mining Control and Reclamation
12
Act of 1977 (30 U.S.C. 1235) is further amended by add-
13
ing at the end the following:
14
‘‘(n) COMMUNITY RECLAIMER PARTNERSHIPS.—
15
‘‘(1)
DEFINITION
OF
COMMUNITY
RE-
16
CLAIMER.—In this subsection, the term ‘community
17
reclaimer’ means any person that—
18
‘‘(A) seeks to voluntarily assist a State
19
with a reclamation project under this section;
20
‘‘(B) did not participate in any way in—
21
‘‘(i) the creation of site conditions at
22
the project site; or
23
‘‘(ii) activities that caused any land or
24
waters at the project site to become eligible
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
8
•HR 2462 IH
for reclamation or drainage abatement ex-
1
penditures under section 404;
2
‘‘(C) is not a past or current owner or op-
3
erator of any site with ongoing reclamation obli-
4
gations; and
5
‘‘(D) is not subject to any outstanding vio-
6
lations listed pursuant to section 510(c).
7
‘‘(2) AUTHORIZATION
OF
COMMUNITY
RE-
8
CLAIMER PROJECTS.—The Secretary may authorize
9
a community reclaimer to carry out a reclamation
10
project under this section for which a request for ap-
11
proval submitted by the State under paragraph (3)
12
has been approved by the Secretary in accordance
13
with paragraph (4).
14
‘‘(3) RECLAMATION PROJECT SUBMISSION.—
15
‘‘(A) IN GENERAL.—A State may submit
16
to the Secretary a request to authorize a com-
17
munity reclaimer to carry out a reclamation
18
project under this section in the State.
19
‘‘(B) REQUIREMENTS.—A request sub-
20
mitted under subparagraph (A) shall include—
21
‘‘(i) a description of the reclamation
22
project, including any engineering plans
23
approved by a registered qualified profes-
24
sional engineer;
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
9
•HR 2462 IH
‘‘(ii) a description of each reclamation
1
project site, including, if relevant, the na-
2
ture and extent of pollution resulting from
3
mine drainage from such site;
4
‘‘(iii) identification of the past and
5
current owners and operators of each rec-
6
lamation project site;
7
‘‘(iv) an agreement between the State
8
and the community reclaimer to carry out
9
the reclamation project;
10
‘‘(v) a determination by the State that
11
the reclamation project will facilitate the
12
activities of the State Reclamation Plan;
13
‘‘(vi) sufficient information to deter-
14
mine whether the community reclaimer has
15
the technical capability and expertise to
16
successfully carry out the reclamation
17
project;
18
‘‘(vii) a cost estimate for the reclama-
19
tion project;
20
‘‘(viii) evidence that the community
21
reclaimer has sufficient financial resources
22
to ensure the completion of the reclamation
23
project (including any operation or mainte-
24
nance costs);
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
10
•HR 2462 IH
‘‘(ix) a schedule for completion of the
1
reclamation project;
2
‘‘(x) an agreement between the com-
3
munity reclaimer and the owner of the af-
4
fected site governing access to such site;
5
‘‘(xi) sufficient information to dem-
6
onstrate that the community reclaimer
7
meets the requirements of paragraph (1);
8
‘‘(xii) a contingency plan designed to
9
be used in response to unplanned adverse
10
events including emergency actions, re-
11
sponse, and notifications; and
12
‘‘(xiii) an agreement by the State
13
that, before the initiation of the reclama-
14
tion project, the State shall—
15
‘‘(I) provide notice to adjacent
16
and downstream landowners and the
17
public; and
18
‘‘(II) hold a public meeting near
19
the affected site.
20
‘‘(4) PROJECT APPROVAL.—Not later than 120
21
days after the date on which the Secretary receives
22
a request submitted under paragraph (3)(A), the
23
Secretary shall approve such request if the Secretary
24
determines that—
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
11
•HR 2462 IH
‘‘(A) the request complies with the submis-
1
sion requirements of paragraph (3)(B);
2
‘‘(B) the reclamation project—
3
‘‘(i) will be carried out by a commu-
4
nity reclaimer or an approved for such pur-
5
pose by an appropriate State agency sub-
6
contractor of the community reclaimer;
7
‘‘(ii) will be carried out on lands or
8
waters inventoried under section 403(c);
9
‘‘(iii) in the case of a reclamation
10
project that remediates mine drainage, is
11
consistent with an approved State memo-
12
randum of understanding under subsection
13
(m); and
14
‘‘(iv) does not require a permit under
15
title V; and
16
‘‘(C) the State that submitted the re-
17
quest—
18
‘‘(i) has entered into an agreement
19
with the community reclaimer that, except
20
with respect to costs or damages resulting
21
from gross negligence or intentional mis-
22
conduct, such State shall assume responsi-
23
bility for any costs or damages resulting
24
from the conduct of the community re-
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
12
•HR 2462 IH
claimer in carrying out the reclamation
1
project;
2
‘‘(ii) has the necessary legal authority
3
to carry out the reclamation project;
4
‘‘(iii) will obtain all authorizations,
5
permits, licenses, and other approvals re-
6
quired by law to ensure completion of the
7
reclamation project; and
8
‘‘(iv) has sufficient financial resources
9
to ensure completion of the reclamation
10
project, including any necessary operation
11
and maintenance costs (including costs as-
12
sociated with emergency actions covered by
13
a
contingency
plan
under
paragraph
14
(3)(B)(xii)).’’.
15
(c) CLARIFYING STATE LIABILITY FOR MINE DRAIN-
16
AGE PROJECTS.—Section 413(d) of the Surface Mining
17
Control and Reclamation Act of 1977 (30 U.S.C. 1242(d))
18
is amended, in the second sentence, by striking ‘‘Act.’’ and
19
inserting ‘‘Act, unless that control or treatment will be
20
carried out in accordance with a State memorandum of
21
understanding approved under section 405(m).’’.
22
(d) CONFORMING AMENDMENTS.—Section 405(f) of
23
the Surface Mining Control and Reclamation Act of 1977
24
(30 U.S.C. 1235(f)) is amended—
25
VerDate Sep 11 2014
23:25 May 27, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2462.IH
H2462
kjohnson on DSK79L0C42PROD with BILLS
13
•HR 2462 IH
(1) in paragraph (6), by striking ‘‘and’’ after
1
the semicolon;
2
(2) in paragraph (7), by striking the period at
3
the end and inserting ‘‘; and’’; and
4
(3) by adding at the end the following:
5
‘‘(8) a list of reclamation projects with respect
6
to which such State has submitted a request under
7
subsection (n)(3).’’.
8
SEC. 6. ADDITIONAL GRANTS FROM ABANDONED MINE
9
RECLAMATION FUND.
[Text truncated for display. Full text available on Congress.gov.]