30 U.S.C. § 1231a — Abandoned mine reclamation fund authorization of appropriations
submitted 5 years ago by Pub. L. 117-58 to r/title-30-MINERAL-LANDS-AND-MINING · 1,044 words · no verdicts yet
This section authorizes $11.293 billion for fiscal year 2022 for the Abandoned Mine Reclamation Fund. It sets eligible recipients, permitted uses, allocation rules, a minimum grant rule, an optional employment priority, and $25 million for inventory assistance.
(a) In general. Congress may appropriate $11,293,000,000 for fiscal year 2022 for deposit into the Abandoned Mine Reclamation Fund established by section 401(a) of the Surface Mining Control and Reclamation Act of 1977. The money remains available until spent. (b) Use of funds. (1) Subject to subsection (g), the money must be provided as quickly as practicable as annual grants to the States and Indian Tribes in paragraph (2) for abandoned-mine land and water reclamation projects under that Act. (2) Grants may go to (A) States and Indian Tribes with a State or Tribal program approved under section 405 of that Act; (B) States and Indian Tribes certified under section 411(a); and (C) States and Indian Tribes referred to in section 402(g)(8)(B). (3) States and Tribes may combine bids into larger statewide or regional contracts when applying. (c) Covered activities. (1) Except as paragraph (2) provides, grants may be used only for activities described in sections 403(a), 403(b), and 410 of that Act. (2)(A) Up to 30 percent of each annual grant may be kept if deposited in a State-law long-term reclamation fund. The State or Tribe may spend the money and its interest on (i) acid-mine-drainage causes and effects, including building, operating, maintaining, and rehabilitating treatment systems; (ii) subsidence prevention, reduction, and control; or (iii) coal-mine-fire prevention, reduction, and control. (B) A recipient using such a fund must (i) propose inventory amendments showing those three uses and (ii) report the fund’s status and balance in its annual grant report. (C) Kept money is not subject to subsection (d)(4)(B) or another limit on an annual grant’s term. (d) Allocation. (1) Subject to subsection (e), the Secretary of the Interior must allocate and distribute the grant money equally each year over 15 years beginning November 15, 2021, based on historical coal tons produced in each State or applicable Indian land before August 3, 1977, whether or not the recipient is certified under section 411(a). (2) Section 401(f)(3)(B) of that Act does not apply to these grants. (3)(A) Within six years after the first allocation, the Secretary must report to Congress on progress addressing outstanding needs under sections 403(a), 403(b), and 410. (B) Before reporting, the Secretary must ask States and Tribes for input and include a description of the input received. (4)(A) Within 20 years after November 15, 2021, the Secretary must evaluate grant payments. (B) After the evaluation, States and Tribes must return unused money to the Fund. (e) Minimum grant. An eligible State or Tribe must receive at least $20,000,000 under subsection (b)(1) when at least $20,000,000 is needed for the described projects on its land. (f) Priority. In addition to the priorities in section 403(a), priority may be given to projects that employ current or former coal-industry employees. (g) Reservation. $25,000,000 of the money is available to the Secretary to give States and Tribes financial and technical help needed to amend the inventory under section 403(c).
There is authorized to be appropriated, for deposit into the Abandoned Mine Reclamation Fund established by section 401(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain available until expended.
Subject to subsection (g), amounts made available under subsection (a) shall be used to provide, as expeditiously as practicable, to States and Indian Tribes described in paragraph (2) annual grants for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
Grants may be made under paragraph (1) to—
States and Indian Tribes that have a State or Tribal program approved under section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235);
States and Indian Tribes that are certified under section 411(a) of that Act (30 U.S.C. 1240a(a)); and
States and Indian Tribes that are referred to in section 402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)).
In applying for grants under paragraph (1), States and Indian Tribes may aggregate bids into larger statewide or regional contracts.
Except as provided in paragraph (2), grants under subsection (b)(1) shall only be used for activities described in subsections (a) and (b) of section 403 and section 410 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233, 1240).
Not more than 30 percent of the total amount of a grant made annually under subsection (b)(1) may be retained by the recipient of the grant if those amounts are deposited into a long-term abandoned mine land reclamation fund established under State law, from which amounts (together with all interest earned on the amounts) are expended by the State or Indian Tribe, as applicable, for—
the abatement of the causes and the treatment of the effects of acid mine drainage resulting from coal mining practices, including for the costs of building, operating, maintaining, and rehabilitating acid mine drainage treatment systems;
the prevention, abatement, and control of subsidence; or
the prevention, abatement, and control of coal mine fires.
Each recipient of a grant under subsection (b)(1) that deposits grant amounts into a long-term abandoned mine land reclamation fund under subparagraph (A) shall—
offer amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to reflect the use of the amounts for—
acid mine drainage abatement and treatment;
subsidence prevention, abatement, and control; and
coal mine fire prevention, abatement, and control; and
include in the annual grant report of the recipient information on the status and balance of amounts in the long-term abandoned mine land reclamation fund.
Amounts retained under subparagraph (A) shall not be subject to—
subsection (d)(4)(B); or
any other limitation on the length of the term of an annual grant under subsection (b)(1).
Subject to subsection (e), the Secretary of the Interior shall allocate and distribute amounts made available for grants under subsection (b)(1) to States and Indian Tribes on an equal annual basis over a 15-year period beginning on November 15, 2021, based on the number of tons of coal historically produced in the States or from the applicable Indian land before August 3, 1977, regardless of whether the State or Indian Tribe is certified under section 411(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)).
Section 401(f)(3)(B) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to grant funds distributed under subsection (b)(1).
Not later than 6 years after the date on which the first allocation to States and Indian Tribes is made under paragraph (1), the Secretary of the Interior shall submit to Congress a report that describes any progress made under this section in addressing outstanding reclamation needs under subsection (a) or (b) of section 403 or section 410 of the Surface Mining Control and Reclamation and 1 Act of 1977 (30 U.S.C. 1233, 1240).
The Secretary of the Interior shall—
prior to submitting the report under subparagraph (A), solicit the input of the States and Indian Tribes regarding the progress referred to in that subparagraph; and
include in the report submitted to Congress under that subparagraph a description of any input received under clause (i).
Not later than 20 years after November 15, 2021, the Secretary of the Interior shall evaluate grant payments to States and Indian Tribes made under this section.
On completion of the evaluation under subparagraph (A), States and Indian Tribes shall return any unused funds under this section to the Abandoned Mine Reclamation Fund.
The total amount of grant funding provided under subsection (b)(1) to an eligible State or Indian Tribe shall be not less than $20,000,000, to the extent that the amount needed for reclamation projects described in that subsection on the land of the State or Indian Tribe is not less than $20,000,000.
In addition to the priorities described in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), in providing grants under this section, priority may also be given to reclamation projects described in subsection (b)(1) that provide employment for current and former employees of the coal industry.
Of the funds made available under subsection (a), $25,000,000 shall be made available to the Secretary of the Interior to provide States and Indian Tribes with the financial and technical assistance necessary for the purpose of making amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
Source credit: (Pub. L. 117–58, div. D, title VII, § 40701, Nov. 15, 2021, 135 Stat. 1091; Pub. L. 117–328, div. DD, title VIII, § 801, Dec. 29, 2022, 136 Stat. 5622.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 1091
- 2022Amended · Pub. L. 117-328 · 136 Stat. 5622
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.
all 0 arguments · sorted by: best
no arguments yet — make the first case