SUBCHAPTER IV—ABANDONED MINE RECLAMATIONS
§1231. Abandoned Mine Reclamation Fund
(a) Establishment; administration; State funds
There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the "fund") which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program.
(b) Sources of deposits to fund
The fund shall consist of amounts deposited in the fund, from time to time derived from—
(1) the reclamation fees levied under
(2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter;
(4) recovered moneys as provided for in this subchapter; and
(5) interest credited to the fund under subsection (e).
(c) Use of moneys
Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of coal mine subsidence; and establishment of self-sustaining, individual State administered programs to insure private property against damages caused by land subsidence resulting from underground coal mining in those States which have reclamation plans approved in accordance with
(2) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under
(3) acquisition of land as provided for in this subchapter;
(4) enforcement and collection of the reclamation fee provided for in
(5) restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining which constitutes an emergency as provided for in this subchapter;
(6) grants to the States to accomplish the purposes of this subchapter;
(7) administrative expenses of the United States and each State to accomplish the purposes of this subchapter;
(8) for use under
(9) for the purpose of
(10) for the purpose described in
(11) all other necessary expenses to accomplish the purposes of this subchapter.
(d) Availability of moneys; no fiscal year limitation
(1) In general
Moneys from the fund for expenditures under subparagraphs (A) through (D) of
(2) No fiscal year limitation
Appropriations described in paragraph (1) shall be made without fiscal year limitation.
(3) Other purposes
Moneys from the fund shall be available for all other purposes of this subchapter without prior appropriation as provided in subsection (f).
(e) Interest
The Secretary of the Interior shall notify the Secretary of the Treasury as to what portion of the fund is not, in his judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the fund in public debt securities with maturities suitable for achieving the purposes of the transfers under
(f) General limitation on obligation authority
(1) In general
From amounts deposited into the fund under subsection (b), the Secretary shall distribute during each fiscal year beginning after September 30, 2007, an amount determined under paragraph (2).
(2) Amounts
(A) For fiscal years 2008 through 2035
For each of fiscal years 2008 through 2035, the amount distributed by the Secretary under this subsection shall be equal to—
(i) the amounts deposited into the fund under paragraphs (1), (2), and (4) of subsection (b) for the preceding fiscal year that were allocated under paragraphs (1) and (5) of
(ii) the amount needed for the adjustment under
(B) Fiscal years 2036 and thereafter
For fiscal year 2036 and each fiscal year thereafter, to the extent that funds are available, the Secretary shall distribute an amount equal to the amount distributed under subparagraph (A) during fiscal year 2035.
(3) Distribution
(A) In general
Except as provided in subparagraph (B), for each fiscal year, of the amount to be distributed to States and Indian tribes pursuant to paragraph (2), the Secretary shall distribute—
(i) the amounts allocated under paragraph (1) of
(ii) the amounts allocated under
(B) Exclusion
Beginning on October 1, 2007, certified States shall be ineligible to receive amounts under
(4) Availability
Amounts in the fund available to the Secretary for obligation under this subsection shall be available until expended.
(5) Addition
(A) In general
Subject to subparagraph (B), the amount distributed under this subsection for each fiscal year shall be in addition to the amount appropriated from the fund during the fiscal year.
(B) Exceptions
Notwithstanding paragraph (3), the amount distributed under this subsection for the first 4 fiscal years beginning on and after October 1, 2007, shall be equal to the following percentage of the amount otherwise required to be distributed:
(i) 50 percent in fiscal year 2008.
(ii) 50 percent in fiscal year 2009.
(iii) 75 percent in fiscal year 2010.
(iv) 75 percent in fiscal year 2011.
(
Editorial Notes
Amendments
2021—Subsec. (f)(2)(A).
Subsec. (f)(2)(B).
2006—Subsec. (c)(2) to (13).
"(2) for transfer on an annual basis to the Secretary of Agriculture for use under
"(6) studies, research, and demonstration projects by the Department of the Interior to such extent or in such amounts as are provided in appropriation Acts with public and private organizations conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986, conducted for the purposes of this subchapter;".
Subsec. (d).
Subsec. (e).
Subsec. (f).
1992—Subsec. (c)(6).
Subsec. (c)(12), (13).
1990—Subsec. (b)(1).
Subsec. (b)(5).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(6).
Subsec. (c)(10) to (12).
Subsec. (e).
1984—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Savings Provision
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Abandoned Mine Reclamation Fund; Deposit and Expenditure of Certain Donations
Abandoned Mine Reclamation Research and Development
§1231a. Abandoned mine reclamation fund authorization of appropriations
(a) In general
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 (
(b) Use of funds
(1) In general
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 (
(2) Eligible grant recipients
Grants may be made under paragraph (1) to—
(A) 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 (
(B) States and Indian Tribes that are certified under section 411(a) of that Act (
(C) States and Indian Tribes that are referred to in section 402(g)(8)(B) of that Act (
(3) Contract aggregation
In applying for grants under paragraph (1), States and Indian Tribes may aggregate bids into larger statewide or regional contracts.
(c) Covered activities
(1) In general
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 (
(2) Long-term abandoned mine land reclamation
(A) In general
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—
(i) 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;
(ii) the prevention, abatement, and control of subsidence; or
(iii) the prevention, abatement, and control of coal mine fires.
(B) Reporting requirements
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—
(i) offer amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (
(I) acid mine drainage abatement and treatment;
(II) subsidence prevention, abatement, and control; and
(III) coal mine fire prevention, abatement, and control; and
(ii) 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.
(C) Term
Amounts retained under subparagraph (A) shall not be subject to—
(i) subsection (d)(4)(B); or
(ii) any other limitation on the length of the term of an annual grant under subsection (b)(1).
(d) Allocation
(1) In general
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 (
(2) Surface Mining Control and Reclamation Act exception
Section 401(f)(3)(B) of the Surface Mining Control and Reclamation Act of 1977 (
(3) Report to Congress on allocations
(A) In general
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 (
(B) Input
The Secretary of the Interior shall—
(i) 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
(ii) include in the report submitted to Congress under that subparagraph a description of any input received under clause (i).
(4) Redistribution of funds
(A) Evaluation
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.
(B) Unused funds
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.
(e) Total amount of grant
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.
(f) Priority
In addition to the priorities described in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (
(g) Reservation
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 (
(
Editorial Notes
References in Text
The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (b)(1), is
Codification
Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter.
Amendments
2022—Subsec. (c).
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Definitions
For definition of "Indian Tribe" as used in this section, see
1 So in original. The word "and" probably should not appear.
§1232. Reclamation fee
(a) Payment; rate
All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 22.4 cents per ton of coal produced by surface coal mining and 9.6 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 6.4 cents per ton, whichever is less.
(b) Due date
Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September 30, 2034.
(c) Submission of statement
Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,1 or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under
(d) Penalty
(1) Any person, corporate officer, agent or director, on behalf of a coal mine operator, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both.
(2) The Secretary shall conduct such audits of coal production and the payment of fees under this subchapter as may be necessary to ensure full compliance with the provisions of this subchapter. For purposes of performing such audits the Secretary (or any duly designated officer, employee, or representative of the Secretary) shall, at all reasonable times, upon request, have access to, and may copy, all books, papers, and other documents of any person subject to the provisions of this subchapter. The Secretary may at any time conduct audits of any surface coal mining and reclamation operation, including without limitation, tipples and preparation plants, as may be necessary in the judgment of the Secretary to ensure full and complete payment of the fees under this subchapter.
(e) Civil action to recover fee
Any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from coal mine operators, in any court of competent jurisdiction in any action at law to compel payment of debts.
(f) Cooperation from other agencies
All Federal and State agencies shall fully cooperate with the Secretary of the Interior in the enforcement of this section. Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of
(g) Allocation of funds
(1) Except as provided in subsection (h), moneys deposited into the fund shall be allocated by the Secretary to accomplish the purposes of this subchapter as follows:
(A) 50 percent of the reclamation fees collected annually in any State (other than fees collected with respect to Indian lands) shall be allocated annually by the Secretary to the State, subject to such State having each of the following:
(i) An approved abandoned mine reclamation program pursuant to
(ii) Lands and waters which are eligible pursuant to
(B) 50 percent of the reclamation fees collected annually with respect to Indian lands shall be allocated annually by the Secretary to the Indian tribe having jurisdiction over such lands, subject to such tribe having each of the following:
(i) an 2 approved abandoned mine reclamation program pursuant to
(ii) Lands and waters which are eligible pursuant to
(C) The funds allocated by the Secretary under this paragraph to States and Indian tribes shall only be used for annual reclamation project construction and program administration grants.
(D) To the extent not expended within 3 years after the date of any grant award under this paragraph (except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years), such grant shall be available for expenditure by the Secretary under paragraph (5).
(2) In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall ensure strict compliance by the States and Indian tribes with the priorities described in
(3) Amounts available in the fund which are not allocated to States and Indian tribes under paragraph (1) or allocated under paragraph (5) are authorized to be expended by the Secretary for any of the following:
(A) For the purpose of
(B) For the purpose of
(C) For the purpose of meeting the objectives of the fund set forth in
(D) For the administration of this subchapter by the Secretary.
(E) For the purpose of paragraph (8).
(4)(A) Amounts available in the fund which are not allocated under paragraphs (1), (2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be expended by the Secretary under this paragraph for the reclamation or drainage abatement of lands and waters within unreclaimed sites which are mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and left in an inadequate reclamation status.
(B) Funds made available under this paragraph may be used for reclamation or drainage abatement at a site referred to in subparagraph (A) if the Secretary makes either of the following findings:
(i) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before the date on which the Secretary approved a State program pursuant to
(ii) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and that the surety of such mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.
(C) In determining which sites to reclaim pursuant to this paragraph, the Secretary shall follow the priorities stated in paragraphs (1) and (2) of
(D) Amounts collected from the assessment of civil penalties under
(E) Any State may expend grants made available under paragraphs (1) and (5) for reclamation and abatement of any site referred to in subparagraph (A) if the State, with the concurrence of the Secretary, makes either of the findings referred to in clause (i) or (ii) of subparagraph (B) and if the State determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for eligible lands and waters pursuant to
(F) For the purposes of the certification referred to in
(5)(A) The Secretary shall allocate 60 percent of the amount in the fund after making the allocation referred to in paragraph (1) for making additional annual grants to States and Indian tribes which are not certified under
(B) Any amount that is reallocated and available under
(6)(A) Any State with an approved abandoned mine reclamation program pursuant to
(B) In this paragraph, the term "qualified hydrologic unit" means a hydrologic unit—
(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and
(ii) that contains land and water that are—
(I) eligible pursuant to
(II) the subject of expenditures by the State from the forfeiture of bonds required under
(7) In complying with the priorities described in
(8)(A) In making funds available under this subchapter, the Secretary shall ensure that the grant awards total not less than $3,000,000 annually to each State and each Indian tribe having an approved abandoned mine reclamation program pursuant to
(B) Notwithstanding any other provision of law, this paragraph applies to the States of Tennessee and Missouri.
(h) Transfers of interest earned by Fund
(1) In general
(A) Transfers to Combined Benefit Fund
As soon as practicable after the beginning of fiscal year 2007 and each fiscal year thereafter, and before making any allocation with respect to the fiscal year under subsection (g), the Secretary shall use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of such fund to offset the amount of any deficit in net assets in the Combined Benefit Fund as of October 1, 2006, and to make the transfer described in paragraph (2)(A).
(B) Transfers to 1992 and 1993 plans
As soon as practicable after the beginning of fiscal year 2008 and each fiscal year thereafter, and before making any allocation with respect to the fiscal year under subsection (g), the Secretary shall use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year (reduced by the amount used under subparagraph (A)) to make the transfers described in paragraphs (2)(B) and (2)(C).
(2) Transfers described
The transfers referred to in paragraph (1) are the following:
(A) United Mine Workers of America Combined Benefit Fund
A transfer to the United Mine Workers of America Combined Benefit Fund equal to the amount that the trustees of the Combined Benefit Fund estimate will be expended from the fund for the fiscal year in which the transfer is made, reduced by—
(i) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during the fiscal year in—
(I) required premiums; and
(II) payments paid by Federal agencies in connection with benefits provided by the Combined Benefit Fund; and
(ii) the amount the trustees of the Combined Benefit Fund estimate will be expended during the fiscal year to provide health benefits to beneficiaries who are unassigned beneficiaries solely as a result of the application of
(B) United Mine Workers of America 1992 Benefit Plan
A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between—
(i) the amount that the trustees of the 1992 UMWA Benefit Plan estimate will be expended from the 1992 UMWA Benefit Plan during the next calendar year to provide the benefits required by the 1992 UMWA Benefit Plan on December 20, 2006; minus
(ii) the amount that the trustees of the 1992 UMWA Benefit Plan estimate the 1992 UMWA Benefit Plan will receive during the next calendar year in—
(I) required monthly per beneficiary premiums, including the amount of any security provided to the 1992 UMWA Benefit Plan that is available for use in the provision of benefits; and
(II) payments paid by Federal agencies in connection with benefits provided by the 1992 UMWA Benefit Plan.
(C) Multiemployer Health Benefit Plan
(i) Transfer to the Plan
A transfer to the Multiemployer Health Benefit Plan established after July 20, 1992, by the parties that are the settlors of the 1992 UMWA Benefit Plan referred to in subparagraph (B) (referred to in this subparagraph and subparagraph (D) as "the Plan"), in an amount equal to the excess (if any) of—
(I) the amount that the trustees of the Plan estimate will be expended from the Plan during the next calendar year, to provide benefits no greater than those provided by the Plan as of December 31, 2006; over
(II) the amount that the trustees estimated the Plan will receive during the next calendar year in payments paid by Federal agencies in connection with benefits provided by the Plan.
(ii) Calculation of excess
The excess determined under clause (i) shall be calculated by taking into account only—
(I) those beneficiaries actually enrolled in the Plan as of December 27, 2020, who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made, other than those beneficiaries enrolled in the Plan under the terms of a participation agreement with the current or former employer of such beneficiaries;
(II) those beneficiaries whose health benefits, defined as those benefits payable, following death or retirement or upon a finding of disability, directly by an employer in the bituminous coal industry under a coal wage agreement (as defined in
(III) the cost of administering the resolution of disputes process administered (as of December 27, 2020) by the Trustees of the Plan.
For purposes of subclause (I), a beneficiary enrolled in the Plan as of December 27, 2020, shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2020.
(iii) Eligibility of certain retirees
Individuals referred to in clause (ii)(II) shall be treated as eligible to receive health benefits under the Plan.
(iv) Requirements for transfer
The amount of the transfer otherwise determined under this subparagraph for a fiscal year shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees' beneficiary association established as a result of a bankruptcy proceeding described in clause (ii).
(v) VEBA transfer
The administrator of such voluntary employees' beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association.
(vi) Related coal wage agreement
For purposes of clause (ii), the term "related coal wage agreement" means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that—
(I) is a signatory operator; or
(II) is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a signatory operator or a related person to a signatory operator (as those terms are defined in
(D) Individuals considered enrolled
For purposes of subparagraph (C), any individual who was eligible to receive benefits from the Plan as of December 20, 2006, even though benefits were being provided to the individual pursuant to a settlement agreement approved by order of a bankruptcy court entered on or before September 30, 2004, will be considered to be actually enrolled in the Plan and shall receive benefits from the Plan beginning on December 31, 2006.
(3) Adjustment
If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year.
(4) Additional amounts
(A) Previously credited interest
Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section—
(i) shall be held in reserve by the Secretary until such time as necessary to make the payments under subparagraphs (A) and (B) of subsection (i)(1), as described in clause (ii); and
(ii) in the event that the amounts described in subsection (i)(1) are insufficient to make the maximum payments described in subparagraphs (A) and (B) of subsection (i)(1), shall be used by the Secretary to supplement the payments so that the maximum amount permitted under those paragraphs is paid.
(B) Previously allocated amounts
All amounts allocated under subsection (g)(2) before December 20, 2006, for the program described in
(C) Adequacy of previously credited interest
The Secretary shall—
(i) consult with the trustees of the plans described in paragraph (2) at reasonable intervals; and
(ii) notify Congress if a determination is made that the amounts held in reserve under subparagraph (A) are insufficient to meet future requirements under subparagraph (A)(ii).
(D) Additional reserve amounts
In addition to amounts held in reserve under subparagraph (A), there is authorized to be appropriated such sums as may be necessary for transfer to the fund to carry out the purposes of subparagraph (A)(ii).
(E) Inapplicability of cap
The limitation described in subsection (i)(3)(A) shall not apply to payments made from the reserve fund under this paragraph.
(5) Limitations
(A) Availability of funds for next fiscal year
The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a calendar year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after the transfer, for the next fiscal year for making the transfer under paragraph (2)(A).
(B) Rate of contributions of obligors
(i) In general
(I) Rate
A transfer under paragraph (2)(C) shall not be made for a calendar year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before December 20, 2006.
(II) Application
The contributions described in subclause (I) shall be applied first to the provision of benefits to those plan beneficiaries who are not described in paragraph (2)(C)(ii).
(ii) Initial contributions
(I) In general
From December 20, 2006, through December 31, 2010, the persons that, on December 20, 2006, are obligated to contribute to the plan referred to in paragraph (2)(C) shall be obligated, collectively, to make contributions equal to the amount described in paragraph (2)(C), less the amount actually transferred due to the operation of subparagraph (C).
(II) First calendar year
Calendar year 2006 is the first calendar year for which contributions are required under this clause.
(III) Amount of contribution for 2006
Except as provided in subclause (IV), the amount described in paragraph (2)(C) for calendar year 2006 shall be calculated as if paragraph (2)(C) had been in effect during 2005.
(IV) Limitation
The contributions required under this clause for calendar year 2006 shall not exceed the amount necessary for solvency of the plan described in paragraph (2)(C), measured as of December 31, 2006, and taking into account all assets held by the plan as of that date.
(iii) Division
The collective annual contribution obligation required under clause (ii) shall be divided among the persons subject to the obligation, and applied uniformly, based on the hours worked for which contributions referred to in clause (i) would be owed.
(C) Phase-in of transfers
For each of calendar years 2008 through 2010, the transfers required under subparagraphs (B) and (C) of paragraph (2) shall equal the following amounts:
(i) For calendar year 2008, the Secretary shall make transfers equal to 25 percent of the amounts that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).
(ii) For calendar year 2009, the Secretary shall make transfers equal to 50 percent of the amounts that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).
(iii) For calendar year 2010, the Secretary shall make transfers equal to 75 percent of the amounts that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).
(i) Funding
(1) In general
Subject to paragraph (3), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the plans described in subsection (h)(2) such sums as are necessary to pay the following amounts:
(A) To the Combined Fund (as defined in
(i) For fiscal year 2008, the amount paid under this subparagraph shall equal—
(I) the amount described in subparagraph (A); minus
(II) the amounts required under
(ii) For fiscal year 2009, the amount paid under this subparagraph shall equal—
(I) the amount described in subparagraph (A); minus
(II) the amounts required under
(iii) For fiscal year 2010, the amount paid under this subparagraph shall equal—
(I) the amount described in subparagraph (A); minus
(II) the amounts required under
(B) On certification by the trustees of any plan described in subsection (h)(2) that the amount available for transfer by the Secretary pursuant to this section (determined after application of any limitation under subsection (h)(5)) is less than the amount required to be transferred, to the plan the amount necessary to meet the requirement of subsection (h)(2).
(C) To the Combined Fund, $9,000,000 on October 1, 2007, $9,000,000 on October 1, 2008, $9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010 (which amounts shall not be exceeded) to provide a refund of any premium (as described in
(i) prior to December 20, 2006, the signatory operator (or any related person to the operator)—
(I) had all of its beneficiary assignments made under
(II) was subject to a final judgment or final settlement of litigation adverse to a claim by the operator that the assignment of beneficiaries under
(ii) on or before September 7, 2000, the signatory operator (or any related person to the operator) had paid to the Combined Fund any premium amount that had not been refunded.
(2) Payments to States and Indian tribes
Subject to paragraph (3), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior for distribution to States and Indian tribes such sums as are necessary to pay amounts described in paragraphs (1)(A) and (2)(A) of
(3) Limitations
(A) Cap
The total amount transferred under this subsection for any fiscal year shall not exceed $750,000,000.
(B) Insufficient amounts
In a case in which the amount required to be transferred without regard to this paragraph exceeds the maximum annual limitation in subparagraph (A), the Secretary shall adjust the transfers of funds under paragraph (1) so that—
(i) each such transfer for the fiscal year is a percentage of the amount described;
(ii) the amount is determined without regard to subsection (h)(5)(A); and
(iii) the percentage transferred is the same for all transfers made under paragraph (1) for the fiscal year.
(C) Increase in limitation to account for calculation of health benefit plan excess
The dollar limitation under subparagraph (A) shall be increased by the amount of the cost to provide benefits which are taken into account under subsection (h)(2)(C)(ii) solely by reason of the amendments made by section 2(a) of the American Miner Benefits Improvement Act of 2020.
(4) Additional amounts
(A) Calculation
If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan.
(B) Cessation of transfers
The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in
(C) Prohibition on benefit increases, etc.
During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of
(D) Critical status to be maintained
Until such time as the 1974 UMWA Pension Plan ceases to be eligible for the transfers described in subparagraph (A)—
(i) the Plan shall be treated as if it were in critical status for purposes of
(ii) the Plan shall maintain and comply with its rehabilitation plan under section 432(e) of such Code and
(iii) the provisions of subsections (c) and (d) of section 432 of such Code and subsections (c) and (d) of
(E) Treatment of transfers for purposes of withdrawal liability under ERISA
The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under
(F) Requirement to maintain contribution rate
A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before December 20, 2019.
(G) Enhanced annual reporting
(i) In general
Not later than the 90th day of each plan year beginning after December 20, 2019, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains—
(I) whether the plan is in endangered or critical status under
(II) the funded percentage (as defined in
(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year;
(IV) the total value of all contributions made during the plan year preceding such plan year;
(V) the total value of all benefits paid during the plan year preceding such plan year;
(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections;
(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections;
(VIII) the total value of all investment gains or losses during the plan year preceding such plan year;
(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction;
(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions;
(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability;
(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year;
(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan;
(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan;
(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries;
(XVI) the information contained on the most recent annual funding notice submitted by the plan under
(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and
(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require.
(ii) Electronic submission
The report required under clause (i) shall be submitted electronically.
(iii) Information sharing
The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor.
(iv) Penalty
Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under
(H) 1974 UMWA Pension Plan defined
For purposes of this paragraph, the term "1974 UMWA Pension Plan" has the meaning given the term in
(5) Availability of funds
Funds shall be transferred under paragraphs (1) and (2) beginning in fiscal year 2008 and each fiscal year thereafter, and shall remain available until expended.
(
Editorial Notes
References in Text
The amendments made by section 2(a) of the American Miner Benefits Improvement Act of 2020, referred to in subsec. (i)(3)(C), are the amendments made to subsec. (h)(2)(C)(ii) of this section made by section 2(a) of div. Y of
Codification
November 5, 1990, referred to in subsec. (g)(4)(B)(ii), was in the original "the date of enactment of this paragraph", which was translated as meaning the date of enactment of
Amendments
2021—Subsec. (a).
Subsec. (b).
2020—Subsec. (h)(2)(C)(ii).
Subsec. (h)(2)(C)(ii)(II).
Subsec. (i)(3)(C).
2019—Subsec. (h)(2)(C)(ii).
Subsec. (h)(2)(C)(ii)(II).
Subsec. (h)(2)(C)(ii)(III).
Subsec. (h)(2)(C)(vi).
Subsec. (i)(3)(A).
Subsec. (i)(4), (5).
2017—Subsec. (h)(2)(C)(ii).
Subsec. (h)(2)(C)(ii)(II).
Subsec. (h)(2)(C)(ii)(II)(aa).
Subsec. (h)(2)(C)(iii), (iv).
"(iii)
"(iv)
2016—Subsec. (h)(2)(C).
Subsec. (i)(3)(B).
2008—Subsec. (i)(1)(C).
2006—Subsec. (a).
Subsec. (b).
Subsec. (g)(1)(D).
Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (g)(3)(A).
Subsec. (g)(3)(E).
Subsec. (g)(5).
Subsec. (g)(6) to (8).
Subsecs. (h), (i).
2005—Subsec. (b).
2004—Subsec. (b).
1992—Subsec. (b).
Subsec. (g)(1).
Subsec. (h).
1990—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (f).
Subsec. (g).
1987—Subsec. (g)(3), (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
"(1)
"(2)
Effective Date of 2019 Amendment
"(1)
"(2)
Effective Date of 2017 Amendment
Effective Date of 2006 Amendment
Effective Date of 1990 Amendment
Amendment by
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
1 So in original. Probably should be "tipple,".
2 So in original. Probably should be capitalized.
§1233. Objectives of fund
(a) Priorities
Expenditure of moneys from the fund on lands and water eligible pursuant to
(1)(A) the protection; 1 of public health, safety, and property from extreme danger of adverse effects of coal mining practices;
(B) the restoration of land and water resources and the environment that—
(i) have been degraded by the adverse effects of coal mining practices; and
(ii) are adjacent to a site that has been or will be remediated under subparagraph (A);
(2)(A) the protection of public health and safety from adverse effects of coal mining practices;
(B) the restoration of land and water resources and the environment that—
(i) have been degraded by the adverse effects of coal mining practices; and
(ii) are adjacent to a site that has been or will be remediated under subparagraph (A); and
(3) the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity.
(b) Water supply restoration
(1) Any State or Indian tribe not certified under
(2) If the adverse effect on water supplies referred to in this subsection occurred both prior to and after August 3, 1977, or as the case may be, the dates (and under the criteria) set forth under
(c) Inventory
For the purposes of assisting in the planning and evaluation of reclamation projects pursuant to
(
Editorial Notes
Amendments
2006—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4), (5).
"(4) the protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices;
"(5) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits."
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
1992—Subsec. (a)(4) to (6).
Subsec. (b)(2).
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1234. Eligible lands and water
Lands and water eligible for reclamation or drainage abatement expenditures under this subchapter are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, except as provided for under
(
Editorial Notes
Amendments
1992—
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1235. State reclamation program
(a) Promulgation of regulations
Not later than the end of the one hundred and eighty-day period immediately following August 3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering implementation of an abandoned mine reclamation program incorporating the provisions of this subchapter and establishing procedures and requirements for preparation, submission, and approval of State programs consisting of the plan and annual submissions of projects.
(b) Submission of State Reclamation Plan and annual projects
Each State having within its borders coal mined lands eligible for reclamation under this subchapter, may submit to the Secretary a State Reclamation Plan and annual projects to carry out the purposes of this subchapter.
(c) Restriction
The Secretary shall not approve, fund, or continue to fund a State abandoned mine reclamation program unless that State has an approved State regulatory program pursuant to
(d) Approval of State program; withdrawal
If the Secretary determines that a State has developed and submitted a program for reclamation of abandoned mines and has the ability and necessary State legislation to implement the provisions of this subchapter,
(e) Contents of State Reclamation Plan
Each State Reclamation Plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work in conformance with the provisions of this subchapter.
(f) Annual application for support; contents
On an annual basis, each State having an approved State Reclamation Plan may submit to the Secretary an application for the support of the State program and implementation of specific reclamation projects. Such annual requests shall include such information as may be requested by the Secretary including:
(1) a general description of each proposed project;
(2) a priority evaluation of each proposed project;
(3) a statement of the estimated benefits in such terms as: number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution, hazards of mine and coal refuse disposal area fires;
(4) an estimate of the cost for each proposed project;
(5) in the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained;
(6) an identification of lands or interest therein to be acquired and the estimated cost; and
(7) in each year after the first in which a plan is filed under this subchapter, an inventory of each project funded under the previous year's grant: which inventory shall include details of financial expenditures on such project together with a brief description of each such project, including project locations, landowner's name, acreage, type of reclamation performed.
(g) Costs
The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses.
(h) Grant of funds
Upon approval of State Reclamation Plan by the Secretary and of the surface mine regulatory program pursuant to
(i) Program monitorship
The Secretary, through his designated agents, will monitor the progress and quality of the program. The States shall not be required at the start of any project to submit complete copies of plans and specifications.
(j) Annual report to Secretary
The Secretary shall require annual and other reports as may be necessary to be submitted by each State administering the approved State reclamation program with funds provided under this subchapter. Such reports shall include that information which the Secretary deems necessary to fulfill his responsibilities under this subchapter.
(k) Eligible lands of Indian tribes
Indian tribes having within their jurisdiction eligible lands pursuant to
(l) State liability
No State shall be liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out a State abandoned mine reclamation plan approved under this section. This subsection shall not preclude liability for cost or damages as a result of gross negligence or intentional misconduct by the State. For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence.
(
Editorial Notes
Amendments
1990—Subsec. (a).
Subsec. (h).
Subsec. (l).
1987—Subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Grant of Funds to States Under Surface Mining Control and Reclamation Act
§1236. Reclamation of rural lands
(a) Agreements with landowners for conservation treatment
In order to provide for the control and prevention of erosion and sediment damages from unreclaimed mined lands, and to promote the conservation and development of soil and water resources of unreclaimed mined lands and lands affected by mining, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners (including owners of water rights), residents, and tenants, and individually or collectively, determined by him to have control for the period of the agreement of lands in question therein, providing for land stabilization, erosion, and sediment control, and reclamation through conservation treatment, including measures for the conservation and development of soil, water (excluding stream channelization), woodland, wildlife, and recreation resources, and agricultural productivity of such lands. Such agreements shall be made by the Secretary with the owners, including owners of water rights, residents, or tenants (collectively or individually) of the lands in question.
(b) Conservation and development plans
The landowner, including the owner of water rights, resident, or tenant shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the proposed land uses and conservation treatment which shall be mutually agreed by the Secretary of Agriculture and the landowner, including owner of water rights, resident, or tenant to be needed on the lands for which the plan was prepared. In those instances where it is determined that the water rights or water supply of a tenant, landowner, including owner of water rights, resident, or tenant have been adversely affected by a surface or underground coal mine operation which has removed or disturbed a stratum so as to significantly affect the hydrologic balance, such plan may include proposed measures to enhance water quality or quantity by means of joint action with other affected landowners, including owner of water rights, residents, or tenants in consultation with appropriate State and Federal agencies.
(c) Agreement to effect plan
Such plan shall be incorporated in an agreement under which the landowner, including owner of water rights, resident, or tenant shall agree with the Secretary of Agriculture to effect the land uses and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof.
(d) Financial and other assistance; determination by Secretary
In return for such agreement by the landowner, including owner of water rights, resident, or tenant, the Secretary of Agriculture is authorized to furnish financial and other assistance to such landowner, including owner of water rights, resident, or tenant, in such amounts and subject to such conditions as the Secretary of Agriculture determines are appropriate in the public interest for carrying out the land use and conservation treatment set forth in the agreement. Grants made under this section, depending on the income-producing potential of the land after reclaiming, shall provide up to 80 per centum of the cost of carrying out such land uses and conservation treatment on not more than one hundred and twenty acres of land occupied by such owner, including water rights owners, resident, or tenant, or on not more than one hundred and twenty acres of land which has been purchased jointly by such landowners, including water rights owners, residents, or tenants, under an agreement for the enhancement of water quality or quantity or on land which has been acquired by an appropriate State or local agency for the purpose of implementing such agreement; except the Secretary may reduce the matching cost share where he determines that (1) the main benefits to be derived from the project are related to improving offsite water quality, offsite esthetic values, or other offsite benefits, and (2) the matching share requirement would place a burden on the landowner which would probably prevent him from participating in the program: Provided, however, That the Secretary of Agriculture may allow for land use and conservation treatment on such lands occupied by any such owner in excess of such one hundred and twenty acre limitation up to three hundred and twenty acres, but in such event the amount of the grant to such landowner to carry out such reclamation on such lands shall be reduced proportionately. Notwithstanding any other provision of this section with regard to acreage limitations, the Secretary of Agriculture may carry out reclamation treatment projects to control erosion and improve water quality on all lands within a hydrologic unit, consisting of not more than 25,000 acres, if the Secretary determines that treatment of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of past surface mining practices than would be achieved if reclamation was done on individual parcels of land.
(e) Termination of agreements
The Secretary of Agriculture may terminate any agreement with a landowner including water rights owners, operator, or occupier by mutual agreement if the Secretary of Agriculture determines that such termination would be in the public interest, and may agree to such modification of agreements previously entered into hereunder as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program authorized herein.
(f) Preservation and surrender of history and allotments
Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement hereinunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments.
(g) Rules and regulations
The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section.
(h) Utilization of Natural Resources Conservation Service
In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Natural Resources Conservation Service.
(i) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Agriculture, from amounts in the Treasury other than amounts in the fund, such sums as may be necessary to carry out this section.
(
Editorial Notes
Amendments
2006—Subsec. (h).
Subsec. (i).
1990—Subsec. (a).
Subsec. (d).
Subsec. (i).
1981—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
§1237. Acquisition and reclamation of land adversely affected by past coal mining practices
(a) Findings of fact; notice; right of entry
If the Secretary or the State pursuant to an approved State program, makes a finding of fact that—
(1) land or water resources have been adversely affected by past coal mining practices; and
(2) the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
(3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or
(4) the owners will not give permission for the United States, the States, political subdivisions, their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices;
then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the Secretary, his agents, employees, or contractors, or the State pursuant to an approved State program, shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.
(b) Studies or exploratory work
The Secretary, his agents, employees, or contractors or the State pursuant to an approved State program, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor trespass thereon.
(c) Requirements for acquisition of affected land
The Secretary or the State pursuant to an approved State program, may acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the Secretary determines that acquisition of such land is necessary to successful reclamation and that—
(1) the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and
(2) permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or
(3) acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this subchapter or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.
(d) Title to affected land; value
Title to all lands acquired pursuant to this section shall be in the name of the United States or, if acquired by a State pursuant to an approved program, title shall be in the name of the State. The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.
(e) State participation; grants
States are encouraged as part of their approved State programs, to reclaim abandoned and unreclaimed mined lands within their boundaries and, if necessary, to acquire or to transfer such lands to the Secretary or the appropriate State regulatory authority under appropriate Federal regulations. The Secretary is authorized to make grants on a matching basis to States in such amounts as he deems appropriate for the purpose of carrying out the provisions of this subchapter but in no event shall any grant exceed 90 per centum of the cost of acquisition of the lands for which the grant is made. When a State has made any such land available to the Federal Government under this subchapter, such State shall have a preference right to purchase such lands after reclamation at fair market value less the State portion of the original acquisition price. Notwithstanding the provisions of paragraph (1) of subsection (c), reclaimed land may be sold to the State or local government in which it is located at a price less than fair market value, which in no case shall be less than the cost to the United States of the purchase and reclamation of the land, as negotiated by the Secretary, to be used for a valid public purpose. If any land sold to a State or local government under this paragraph is not used for a valid public purpose as specified by the Secretary in the terms of the sales agreement then all right, title, and interest in such land shall revert to the United States. Money received from such sale shall be deposited in the fund.
(f) Rules and regulations
The Secretary, in formulating regulations for making grants to the States to acquire land pursuant to this section, shall specify that acquired land meet the criteria provided for in subsections (c) and (d) of this section. The Secretary may provide by regulation that money derived from the lease, rental, or user charges of such acquired land and facilities thereon will be deposited in the fund.
(g) Public sale; notice and hearing
(1) Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential, or recreational development, the Secretary may sell or authorize the States to sell such land by public sale under a system of competitive bidding, at not less than fair market value and under such other regulations promulgated to insure that such lands are put to proper use consistent with local and State land use plans, if any, as determined by the Secretary.
(2) The Secretary or the State pursuant to an approved State program, when requested after appropriate public notice shall hold a public hearing, with the appropriate notice, in the county or counties or the appropriate subdivisions of the State in which lands acquired pursuant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
(h) Construction or rehabilitation of housing for disabled, displaced, or dislocated persons; grants
In addition to the authority to acquire land under subsection (d) of this section the Secretary is authorized to use money in the fund to acquire land by purchase, donation, or condemnation, and to reclaim and transfer acquired land to any State or to a political subdivision thereof, or to any person, firm, association, or corporation, if he determines that such is an integral and necessary element of an economically feasible plan for the project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land pursuant to this section, or persons dislocated as the result of adverse effects of coal mining practices which constitute an emergency as provided in
(
Editorial Notes
Amendments
1990—Subsec. (a).
Subsec. (e).
Subsec. (g)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1238. Liens
(a) Filing of statement and appraisal
Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the Secretary or the State, pursuant to an approved State program, shall itemize the moneys so expended and may file a statement thereof in the office of the county in which the land lies which has the responsibility under local law for the recording of judgments against land, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection, who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.
(b) Petition
The landowner may proceed as provided by local law to petition within sixty days of the filing of the lien, to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by local law.
(c) Recordation
The lien provided in this section shall be entered in the county office in which the land lies and which has responsibility under local law for the recording of judgments against land. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land.
(
Editorial Notes
Amendments
2006—Subsec. (a).
§1239. Filling voids and sealing tunnels
(a) Congressional declaration of hazardous conditions
The Congress declares that voids, and open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation, constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation may degrade the environment. The Secretary, at the request of the Governor of any State, or the the 1 governing body of an Indian tribe, is authorized to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mines which the Secretary determines could endanger life and property, constitute a hazard to the public health and safety, or degrade the environment. State regulatory authorities are authorized to carry out such work pursuant to an approved abandoned mine reclamation program.
(b) Limitation on funds
Funds available for use in carrying out the purpose of this section shall be limited to those funds which must be allocated to the respective States or Indian tribes under the provisions of paragraphs (1) and (5) of
(c) Limitation on expenditures
(1) The Secretary may make expenditures and carry out the purposes of this section in such States where requests are made by the Governor or governing body of an Indian tribe for those reclamation projects which meet the priorities stated in
(2) The provisions of
(3) The Secretary shall not make any expenditures for the purposes of this section in those States which have made the certification referred to in
(d) Disposal of mine wastes
In those instances where mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by filling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meets the purposes of this section.
(e) Land acquisition
The Secretary may acquire by purchase, donation, easement, or otherwise such interest in land as he determines necessary to carry out the provisions of this section.
(
Editorial Notes
Amendments
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1240. Emergency powers
(a) The Secretary is authorized to expend moneys from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the Secretary makes a finding of fact that—
(1) an emergency exists constituting a danger to the public health, safety, or general welfare; and
(2) no other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices.
(b) The Secretary, his agents, employees, and contractors shall have the right to enter upon any land where the emergency exists and any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry shall be construed as an exercise of the police power and shall not be construed as an act of condemnation of property nor of trespass thereof. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.
(
§1240a. Certification
(a) Certification of completion of coal reclamation
(1) The Governor of a State, or the head of a governing body of an Indian tribe, with an approved abandoned mine reclamation program under
(2)(A) The Secretary may, on the initiative of the Secretary, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in
(B) The Secretary shall only make the certification after notice in the Federal Register and opportunity for public comment.
(b) Eligible lands, waters, and facilities
If the Secretary has concurred in a State or tribal certification under subsection (a), for purposes of determining the eligibility of lands and waters for annual grants under
(1) which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977; and
(2) for which there is no continuing reclamation responsibility under State or other Federal laws. In determining the eligibility under this subsection of Federal lands, waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977, date referred to in paragraph (1) the applicable date shall be August 28, 1974, and November 26, 1980, respectively.
(c) Priorities
Expenditures of moneys for lands, waters, and facilities referred to in subsection (b) shall reflect the following objectives and priorities in the order stated (in lieu of the priorities set forth in
(1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices.
(2) The protection of public health, safety, and general welfare from adverse effects of mineral mining and processing practices.
(3) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.
(d) Specific sites and areas not eligible
Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (
(e) Utilities and other facilities
Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to water supply, roads, and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth, and undertaken as they relate to, the priorities stated in subsection (c).
(f) Public facilities related to coal or minerals industry
Notwithstanding subsection (e), where the Secretary has concurred in the certification referenced in subsection (a) and where the Governor of a State or the head of a governing body of an Indian tribe determines there is a need for activities or construction of specific public facilities related to the coal or minerals industry in States impacted by coal or minerals development and the Secretary concurs in such need, then the State or Indian tribe, as the case may be, may use annual grants made available under
(g) Application of other provisions
The provisions of
(h) Payments to States and Indian tribes
(1) In general
(A) Payments
(i) In general
Notwithstanding
(ii) Conversion as equivalent payments
Amounts allocated under subparagraph (A) or (B) of
(B) Amount due
In this paragraph, the term "amount due" means the unappropriated amount allocated to a State or Indian tribe before October 1, 2007, under subparagraph (A) or (B) of
(C) Schedule
(i) In general
Payments under subparagraph (A) shall be made in 7 equal annual installments, beginning with fiscal year 2008.
(ii) Certain payments required
Not withstanding any other provision of this chapter, as soon as practicable, but not later than December 10, 2015, of the 7 equal installments referred to in clause (i), the Secretary shall pay to any certified State or Indian tribe to which the total annual payment under this subsection was limited to $15,000,000 in 2013 and $28,000,000 in fiscal year 2014—
(I) the final 2 installments in 2 separate payments of $82,700,000 each; and
(II) 2 separate payments of $38,250,000 each.
(D) Use of funds
(i) Certified States and Indian tribes
A State or Indian tribe that makes a certification under subsection (a) in which the Secretary concurs shall use any amounts provided under this paragraph for the purposes established by the State legislature or tribal council of the Indian tribe, with priority given for addressing the impacts of mineral development.
(ii) Uncertified States and Indian tribes
A State or Indian tribe that has not made a certification under subsection (a) in which the Secretary has concurred shall use any amounts provided under this paragraph for the purposes described in
(2) Subsequent State and Indian tribe share for certified States and Indian tribes
(A) In general
Notwithstanding
(B) Certified State or Indian tribe defined
In this paragraph the term "certified State or Indian tribe" means a State or Indian tribe for which a certification is made under subsection (a) in which the Secretary concurs.
(3) Manner of payment
(A) In general
Subject to subparagraph (B), payments to States or Indian tribes under this subsection shall be made without regard to any limitation in
(B) Initial payments
The first 3 payments made to any State or Indian tribe shall be reduced to 25 percent, 50 percent, and 75 percent, respectively, of the amounts otherwise required under paragraph (2)(A).
(C) Installments
Amounts withheld from the first 3 annual installments as provided under subparagraph (B) shall be paid in 2 equal annual installments beginning with fiscal year 2018.
(4) Reallocation
(A) In general
The annual amount allocated under subparagraph (A) or (B) of
(B) Allocation
The grants shall be allocated based on the amount of coal historically produced before August 3, 1977, in the same manner as under
(
Editorial Notes
References in Text
The Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (d), is
The Comprehensive Environmental Response Compensation and Liability Act of 1980, referred to in subsec. (d), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
Prior Provisions
A prior section 411 of
Amendments
2015—Subsec. (h)(1)(C).
Subsec. (h)(5), (6).
2013—Subsec. (h)(6).
2012—Subsec. (h)(4)(A).
Subsec. (h)(5).
2006—Subsec. (a).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1991, see section 6014 of
§1241. Omitted
Editorial Notes
Codification
Section,
§1242. Powers of Secretary or State
(a) Engage in work, promulgate rules and regulations, etc., to implement and administer this subchapter
The Secretary or the State pursuant to an approved State program, shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the provisions of this subchapter.
(b) Engage in cooperative projects
The Secretary or the State pursuant to an approved State program, shall have the power and authority to engage in cooperative projects under this subchapter with any other agency of the United States of America, any State and their governmental agencies.
(c) Request for action to restrain interference with regard to this subchapter
The Secretary or the State pursuant to an approved State program, may request the Attorney General, who is hereby authorized to initiate, in addition to any other remedies provided for in this subchapter, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this subchapter.
(d) Construct and operate plants for control and treatment of water pollution resulting from mine drainage
The Secretary or the State pursuant to an approved State program, shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water: Provided, That the above provisions of this paragraph shall not be deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended) [
(e) Transfer funds
The Secretary may transfer funds to other appropriate Federal agencies, in order to carry out the reclamation activities authorized by this subchapter.
(
Editorial Notes
References in Text
The Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended), referred to in subsec. (d), is act June 30, 1948, ch. 758,
Prior Provisions
A prior section 413 of
§1243. Interagency cooperation
All departments, boards, commissioners, and agencies of the United States of America shall cooperate with the Secretary by providing technical expertise, personnel, equipment, materials, and supplies to implement and administer the provisions of this subchapter.
(
§1244. Remining incentives
(a) In general
Notwithstanding any other provision of this chapter, the Secretary may, after opportunity for public comment, promulgate regulations that describe conditions under which amounts in the fund may be used to provide incentives to promote remining of eligible land under
(b) Requirements
Any regulations promulgated under subsection (a) shall specify that the incentives shall apply only if the Secretary determines, with the concurrence of the State regulatory authority referred to in subchapter V, that, without the incentives, the eligible land would not be likely to be remined and reclaimed.
(c) Incentives
(1) In general
Incentives that may be considered for inclusion in the regulations promulgated under subsection (a) include, but are not limited to—
(A) a rebate or waiver of the reclamation fees required under
(B) the use of amounts in the fund to provide financial assurance for remining operations in lieu of all or a portion of the performance bonds required under
(2) Limitations
(A) Use
A rebate or waiver under paragraph (1)(A) shall be used only for operations that—
(i) remove or reprocess abandoned coal mine waste; or
(ii) conduct remining activities that meet the priorities specified in paragraph (1) or (2) of
(B) Amount
The amount of a rebate or waiver provided as an incentive under paragraph (1)(A) to remine or reclaim eligible land shall not exceed the estimated cost of reclaiming the eligible land under this section.
(
§1245. Abandoned hardrock mine reclamation
(a) Establishment
Not later than 90 days after November 15, 2021, the Secretary of the Interior (referred to in this section as the "Secretary") shall establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities.
(b) Award of grants
Subject to the availability of funds, the Secretary shall provide grants on a competitive or formula basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land.
(c) Eligibility
Amounts made available under this section may only be used for Federal, State, Tribal, local, and private land that has been affected by past hardrock mining activities, and water resources that traverse or are contiguous to such land, including any of the following:
(1) Land and water resources that were—
(A) used for, or affected by, hardrock mining activities; and
(B) abandoned or left in an inadequate reclamation status before November 15, 2021.
(2) Land for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, liable party, operator, or other person that abandoned the site prior to completion of required reclamation under Federal or State law.
(d) Eligible activities
(1) In general
Amounts made available to carry out this section shall be used to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities described in subsection (a).
(2) Exclusion
Amounts made available to carry out this section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(e) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $3,000,000,000, to remain available until expended, of which—
(A) 50 percent shall be for grants to States and Indian Tribes under subsection (b) for eligible activities described in subsection (d)(1); and
(B) 50 percent shall be for available to the Secretary for eligible activities described in subsection (d)(1) on Federal land.
(2) Transfer
The Secretary may transfer amounts made available to the Secretary under paragraph (1)(B) to the Secretary of Agriculture for activities described in subsection (a) on National Forest System land.
(
Editorial Notes
References in Text
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (d)(2), is
Codification
Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Good Samaritan Remediation of Abandoned Hardrock Mines
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(A)
"(i) that was used for the production of a mineral other than coal conducted on Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the 'Mining Law of 1872';
"(ii) for which, based on information supplied by the Good Samaritan after review of publicly available data and after review of other information in the possession of the Administrator, the Administrator or, in the case of a site on land owned by the United States, the Federal land management agency, determines that no responsible owner or operator has been identified—
"(I) who is potentially liable for, or has been required to perform or pay for, environmental remediation activities under applicable law; and
"(II) other than, in the case of a mine site located on land owned by the United States, a Federal land management agency that has not been involved in mining activity on that land, except that the approval of a plan of operations under the hardrock mining regulations of the applicable Federal land management agency shall not be considered involvement in the mining activity.
"(B)
"(C)
"(i) in a temporary shutdown or cessation;
"(ii) included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(iii) that is the subject of a planned or ongoing response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(iv) that has a responsible owner or operator; or
"(v) that actively mined or processed minerals after December 11, 1980.
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(i) a responsible owner or operator with respect to the abandoned hardrock mine site described in the permit application;
"(ii) a person that had a role in the creation of historic mine residue at the abandoned hardrock mine site described in the permit application; or
"(iii) a Federal agency.
"(6)
"(A) a Good Samaritan permit; and
"(B) an investigative sampling permit.
"(7)
"(8)
"(A) is not a past or current owner or operator of—
"(i) the abandoned hardrock mine site at which the historic mine residue is located; or
"(ii) a portion of that abandoned hardrock mine site;
"(B) had no role in the creation of the historic mine residue; and
"(C) is not potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue.
"(9)
"(10)
"(A)
"(B)
"(i) previously mined ores and minerals other than coal that contribute to acid mine drainage or other pollution;
"(ii) equipment (including materials in equipment);
"(iii) any tailings facilities, heap leach piles, dump leach piles, waste rock, overburden, slag piles, or other waste or material resulting from any extraction, beneficiation, or other processing activity that occurred during the active operation of an abandoned hardrock mine site;
"(iv) any acidic or otherwise polluted flow in surface water or groundwater that originates from, or is pooled and contained in, an inactive or abandoned hardrock mine site, such as underground workings, open pits, in-situ leaching operations, ponds, or impoundments;
"(v) any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(vi) any pollutant or contaminant (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(vii) any pollutant (as defined in section 502 of the Federal Water Pollution Control Act (
"(11)
"(A) section 518(h) of the Federal Water Pollution Control Act (
"(B) section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(12)
"(13)
"(A) section 502(5) of the Federal Water Pollution Control Act (
"(B) section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(14)
"(A)
"(B)
"(i) the release or threat of release of a hazardous substance, pollutant, or contaminant that would harm human health or the environment; or
"(ii) a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm human health or the environment.
"(C)
"(15)
"(16)
"(A)(i) legally responsible under section 301 of the Federal Water Pollution Control Act (
"(ii) financially able to comply with each requirement described in that section; or
"(B)(i) a present or past owner or operator or other person that is liable with respect to a release or threat of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from an abandoned hardrock mine site under section 104, 106, 107, or 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(ii) financially able to comply with each requirement described in those sections, as applicable.
"SEC. 3. SCOPE.
"Nothing in this Act—
"(1) except as provided in section 4(n), reduces any existing liability under Federal, State, or local law;
"(2) except as provided in section 4(n), releases any person from liability under Federal, State, or local law, except in compliance with this Act;
"(3) authorizes the conduct of any mining or processing other than the conduct of any processing of previously mined ores, minerals, wastes, or other materials that is authorized by a Good Samaritan permit;
"(4) imposes liability on the United States or a Federal land management agency pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(5) relieves the United States or any Federal land management agency from any liability under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"SEC. 4. ABANDONED HARDROCK MINE SITE GOOD SAMARITAN PILOT PROJECT AUTHORIZATION.
"(a)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i) was submitted not later than 180 days before that date; and
"(ii) was completed in accordance with subsection (c) by not later than 7 years after the date of enactment of this Act.
"(C)
"(i) the terms and conditions of the Good Samaritan permit; and
"(ii) this Act.
"(b)
"(1)
"(A) the abandoned hardrock mine site that is the subject of the application for a Good Samaritan permit is located in the United States;
"(B) the purpose of the proposed project is the remediation at that abandoned hardrock mine site of historic mine residue;
"(C) the proposed activities are designed to result in the partial or complete remediation of historic mine residue at the abandoned hardrock mine site within the term of the Good Samaritan permit;
"(D) the proposed project poses a low risk to the environment, as determined by the Administrator;
"(E) to the satisfaction of the Administrator, the person—
"(i) possesses, or has the ability to secure, the financial and other resources necessary—
"(I) to complete the permitted work, as determined by the Administrator; and
"(II) to address any contingencies identified in the Good Samaritan permit application described in subsection (c);
"(ii) possesses the proper and appropriate experience and capacity to complete the permitted work; and
"(iii) will complete the permitted work; and
"(F) the person is a Good Samaritan with respect to the historic mine residue proposed to be covered by the Good Samaritan permit.
"(2)
"(A)
"(B)
"(c)
"(1) a description of the abandoned hardrock mine site (including the boundaries of the abandoned hardrock mine site) proposed to be covered by the Good Samaritan permit;
"(2) a description of all parties proposed to be involved in the remediation project, including any cooperating person and each member of an applicable corporation, association, partnership, consortium, joint venture, commercial entity, or nonprofit association;
"(3) evidence that the person has or will acquire all legal rights or the authority necessary to enter the relevant abandoned hardrock mine site and perform the remediation described in the application;
"(4) a detailed description of the historic mine residue to be remediated;
"(5) a detailed description of the expertise and experience of the person and the resources available to the person to successfully implement and complete the remediation plan under paragraph (7);
"(6) to the satisfaction of the Administrator and subject to subsection (d), a description of the baseline conditions caused by the historic mine residue to be remediated that includes—
"(A) the nature and extent of any adverse impact on the water quality of any body of water caused by the drainage of historic mine residue or other discharges from the abandoned hardrock mine site;
"(B) the flow rate and concentration of any drainage of historic mine residue or other discharge from the abandoned hardrock mine site in any body of water that has resulted in an adverse impact described in subparagraph (A); and
"(C) any other release or threat of release of historic mine residue that has resulted in an adverse impact to human health or the environment;
"(7) subject to subsection (d), a remediation plan for the abandoned hardrock mine site that describes—
"(A) the nature and scope of the proposed remediation activities, including—
"(i) any historic mine residue to be addressed by the remediation plan; and
"(ii) a description of the goals of the remediation including, if applicable, with respect to—
"(I) the reduction or prevention of a release, threat of release, or discharge to surface waters; or
"(II) other appropriate goals relating to water or soil;
"(B) each activity that the person proposes to take that is—
"(i) designed to—
"(I) improve or enhance water quality or site-specific soil or sediment quality relevant to the historic mine residue addressed by the remediation plan, including making measurable progress toward achieving applicable water quality standards; or
"(II) otherwise protect human health and the environment (including through the prevention of a release, discharge, or threat of release to water, sediment, or soil); and
"(ii) otherwise necessary to carry out an activity described in subclause (I) or (II) of clause (i);
"(C) a plan describing the monitoring or other forms of assessment that will be undertaken by the person to evaluate the success of the activities described in subparagraph (A) during and after the remediation, with respect to the baseline conditions, as described in paragraph (6);
"(D) to the satisfaction of the Administrator, detailed engineering plans for the project;
"(E) detailed plans for any proposed recycling or reprocessing of historic mine residue to be conducted by the person (including a description of how all proposed recycling or reprocessing activities contribute to the remediation of the abandoned hardrock mine site); and
"(F) identification of any proposed contractor that will perform any remediation activity;
"(8) subject to subsection (d), a schedule for the work to be carried out under the project, including a schedule for periodic reporting by the person on the remediation of the abandoned hardrock mine site;
"(9) a health and safety plan that is specifically designed for mining remediation work;
"(10) a specific contingency plan that—
"(A) includes provisions on response and notification to Federal, State, Tribal, and local authorities with jurisdiction over downstream waters that have the potential to be impacted by an unplanned release or discharge of hazardous substances, pollutants, or contaminants; and
"(B) is designed to respond to unplanned adverse events (such as adverse weather events or a potential fluid release that may result from addressing pooled water or hydraulic pressure situations), including the sudden release of historic mine residue;
"(11) subject to subsection (d), a project budget and description of financial resources that demonstrate that the permitted work, including any operation and maintenance, will be completed;
"(12) subject to subsection (d), information demonstrating that the applicant has the financial resources to carry out the remediation (including any long-term monitoring that may be required by the Good Samaritan permit) or the ability to secure an appropriate third-party financial assurance, as determined by the Administrator, to ensure completion of the permitted work, including any long-term operations and maintenance of remediation activities that may be—
"(A) proposed in the application for the Good Samaritan permit; or
"(B) required by the Administrator as a condition of granting the permit;
"(13) subject to subsection (d), a detailed plan for any required operation and maintenance of any remediation, including a timeline, if necessary;
"(14) subject to subsection (d), a description of any planned post-remediation monitoring, if necessary; and
"(15) subject to subsection (d), any other appropriate information, as determined by the Administrator or the applicant.
"(d)
"(1)
"(A) baseline conditions; and
"(B) whether the Good Samaritan—
"(i) is willing to perform further remediation to address the historic mine residue; and
"(ii) will proceed with a permit conversion under subsection (e)(1).
"(2)
"(A)
"(B)
"(3)
"(A) each description required under paragraphs (1), (2), and (5) of subsection (c);
"(B) to the extent reasonably known to the applicant, any previously documented water quality data describing conditions at the abandoned hardrock mine site;
"(C) the evidence required under subsection (c)(3);
"(D) each plan required under paragraphs (9) and (10) of subsection (c); and
"(E) a detailed plan of the investigative sampling.
"(4)
"(A)
"(B)
"(i) shall not authorize a Good Samaritan or cooperating person to conduct any reprocessing of material; and
"(ii) may authorize metallurgical testing of historic mine residue to determine whether reprocessing under subsection (f)(4)(B) is feasible.
"(C)
"(i) collect samples that are representative of the conditions present at the abandoned hardrock mine site that is the subject of the investigative sampling permit; and
"(ii) retain publicly available records of all sampling events for a period of not less than 3 years.
"(5)
"(6)
"(A)
"(i) to apply to convert the investigative sampling permit into a Good Samaritan permit under paragraph (5); and
"(ii) to undertake remediation activities on the site where investigative sampling was conducted on conclusion of investigative sampling.
"(B)
"(i)
"(ii)
"(I)
"(II)
"(e)
"(1)
"(2)
"(A)
"(B)
"(i) environmental review and public comment procedures required by subsection (l); and
"(ii) a public hearing, if requested.
"(f)
"(1)
"(A) the information described in subsection (c), including any modification required by the Administrator;
"(B)(i) a provision that states that the Good Samaritan is responsible for securing, for all activities authorized under the Good Samaritan permit, all authorizations, licenses, and permits that are required under applicable law except for—
"(I) section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act (
"(II) authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(ii) in the case of an abandoned hardrock mine site in a State that is authorized to implement State law pursuant to section 402 or 404 of the Federal Water Pollution Control Act (
"(I) the State or Tribal law, as applicable; and
"(II) authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(C) specific public notification requirements, including the contact information for all appropriate response centers in accordance with subsection (o);
"(D) in the case of a project on land owned by the United States, a notice that the Good Samaritan permit serves as an agreement for use and occupancy of Federal land that is enforceable by the applicable Federal land management agency; and
"(E) any other terms and conditions determined to be appropriate by the Administrator or the Federal land management agency, as applicable.
"(2)
"(A) an act of God;
"(B) an act of war;
"(C) negligence on the part of the United States;
"(D) an act or omission of a third party, if the Good Samaritan—
"(i) exercises due care with respect to the actions of the Good Samaritan under the Good Samaritan permit, as determined by the Administrator;
"(ii) took precautions against foreseeable acts or omissions of the third party, as determined by the Administrator; and
"(iii) uses reasonable efforts—
"(I) to anticipate any potential force majeure; and
"(II) to address the effects of any potential force majeure; or
"(E) a public health emergency declared by the Federal Government or a global government, such as a pandemic or an epidemic.
"(3)
"(A)
"(B)
"(i) the multiparty monitoring will effectively accomplish the goals of this section; and
"(ii) the Good Samaritan remains responsible for compliance with the terms of the Good Samaritan permit.
"(4)
"(A)
"(i) authorized by this Act; or
"(ii) covered by any waiver of liability provided by this Act from applicable law.
"(B)
"(i) the project under the Good Samaritan permit is on land owned by the United States;
"(ii) the applicable Federal land management agency has signed a decision document under subsection (l)(2)(G) approving reprocessing as part of a remediation plan;
"(iii) the proceeds from the sale or use of the materials are used—
"(I) to defray the costs of the remediation; and
"(II) to the extent required by the Good Samaritan permit, to reimburse the Administrator or the head of a Federal land management agency for the purpose of carrying out this Act;
"(iv) any remaining proceeds are deposited into the appropriate Good Samaritan Mine Remediation Fund established by section 5(a); and
"(v) the materials only include historic mine residue.
"(C)
"(g)
"(1) to ensure the functionality of completed remediation activities at the abandoned hardrock mine site; or
"(2) to protect public health and the environment.
"(h)
"(1) shall commence, as applicable—
"(A) not later than the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, unless the Administrator grants an extension under subsection (r)(2)(A); or
"(B) if the grant of the Good Samaritan permit is the subject of a petition for judicial review, not later than the date that is 18 months after the date on which the judicial review, including any appeals, has concluded; and
"(2) shall continue until completed, with temporary suspensions permitted during adverse weather or other conditions specified in the Good Samaritan permit.
"(i)
"(1) the Administrator determines that the transferee qualifies as a Good Samaritan;
"(2) the transferee signs, and agrees to be bound by the terms of, the permit;
"(3) the Administrator includes in the transferred permit any additional conditions necessary to meet the goals of this section; and
"(4) in the case of a project under the Good Samaritan permit on land owned by the United States, the head of the applicable Federal land management agency approves the transfer.
"(j)
"(1) the Administrator shall—
"(A) consult with prospective applicants;
"(B) convene, coordinate, and lead the application review process;
"(C) maintain all records relating to the Good Samaritan permit and the permit process;
"(D) in the case of a proposed project on State, Tribal, or private land, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including—
"(i) carrying out environmental review and public comment procedures pursuant to subsection (l); and
"(ii) a public hearing, if requested; and
"(E) enforce and otherwise carry out this section; and
"(2) the head of an applicable Federal land management agency shall—
"(A) in the case of a proposed project on land owned by the United States, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including—
"(i) carrying out environmental review and public comment procedures pursuant to subsection (l); and
"(ii) a public hearing, if requested; and
"(B) in coordination with the Administrator, enforce Good Samaritan permits issued under this section for projects on land owned by the United States.
"(k)
"(1) each local government with jurisdiction over a drinking water utility, and each Indian tribe with reservation or off-reservation treaty rights to land or water, located downstream from or otherwise near a proposed remediation project that is reasonably anticipated to be impacted by the remediation project or a potential release of contaminants from the abandoned hardrock mine site, as determined by the Administrator;
"(2) each Federal, State, and Tribal agency that may have an interest in the application; and
"(3) in the case of an abandoned hardrock mine site that is located partially or entirely on land owned by the United States, the Federal land management agency with jurisdiction over that land.
"(l)
"(1)
"(2)
"(A)
"(B)
"(i) in the case of a proposed project on land owned by the United States that is managed by only 1 Federal land management agency, the applicable Federal land management agency;
"(ii) in the case of a proposed project entirely on State, Tribal, or private land, the Administrator;
"(iii) in the case of a proposed project partially on land owned by the United States and partially on State, Tribal, or private land, the applicable Federal land management agency; and
"(iv) in the case of a proposed project on land owned by the United States that is managed by more than 1 Federal land management agency, the Federal land management agency selected by the Administrator to be the lead agency, after consultation with the applicable Federal land management agencies.
"(C)
"(D)
"(E)
"(i) the issuance of a Good Samaritan permit;
"(ii) any activities authorized by a Good Samaritan permit; and
"(iii) any applicable permits required by the Secretary of the Interior or the Secretary of Agriculture.
"(F)
"(i)
"(ii)
"(G)
"(i) the Administrator; and
"(ii) in the case of a project on land owned by the United States, the head of the applicable Federal land management agency.
"(H)
"(m)
"(1)
"(A) the Administrator determines that—
"(i) the person seeking the permit is a Good Samaritan;
"(ii) the application described in subsection (c) is complete;
"(iii) the project is designed to remediate historic mine residue at the abandoned hardrock mine site to protect human health and the environment;
"(iv) the proposed project is designed to meet all other goals, as determined by the Administrator, including any goals set forth in the application for the Good Samaritan permit that are accepted by the Administrator;
"(v) the proposed activities, as compared to the baseline conditions described in the permit, will make measurable progress toward achieving—
"(I) applicable water quality standards;
"(II) improved soil quality;
"(III) improved sediment quality;
"(IV) other improved environmental or safety conditions; or
"(V) reductions in threats to soil, sediment, or water quality or other environmental or safety conditions;
"(vi) the applicant has—
"(I) demonstrated that the applicant has the proper and appropriate experience and capacity to complete the permitted work;
"(II) demonstrated that the applicant will complete the permitted work;
"(III) the financial and other resources to address any contingencies identified in the Good Samaritan permit application described in subsections (b) and (c);
"(IV) granted access and provided the authority to review the records of the applicant relevant to compliance with the requirements of the Good Samaritan permit; and
"(V) demonstrated, to the satisfaction of the Administrator, that—
"(aa) the applicant has, or has access to, the financial resources to complete the project described in the Good Samaritan permit application, including any long-term monitoring and operations and maintenance that the Administrator may require the applicant to perform in the Good Samaritan permit; or
"(bb) the applicant has established a third-party financial assurance mechanism, such as a corporate guarantee from a parent or other corporate affiliate, letter of credit, trust, surety bond, or insurance to assure that funds are available to complete the permitted work, including for operations and maintenance and to address potential contingencies, that—
"(AA) establishes the Administrator or the head of the Federal land management agency as the beneficiary of the third-party financial assurance mechanism; and
"(BB) allows the Administrator to retain and use the funds from the financial assurance mechanism in the event the Good Samaritan does not complete the remediation under the Good Samaritan permit; and
"(vii) the project meets the requirements of this Act;
"(B) the State or Indian tribe with jurisdiction over land on which the abandoned hardrock mine site is located has been given an opportunity to review and, if necessary, comment on the grant of the Good Samaritan permit;
"(C) in the case of a project proposed to be carried out under the Good Samaritan permit partially or entirely on land owned by the United States, pursuant to subsection (l), the head of the applicable Federal land management agency has signed a decision document approving the proposed project; and
"(D) the Administrator or head of the Federal land management agency, as applicable, has provided—
"(i) environmental review and public comment procedures required by subsection (l); and
"(ii) a public hearing under that subsection, if requested.
"(2)
"(A)
"(i) the date that is 180 days after the date of receipt by the Administrator of an application for the Good Samaritan permit that, as determined by the Administrator, is complete and meets all applicable requirements of subsection (c); or
"(ii) such later date as may be determined by the Administrator with notification provided to the applicant.
"(B)
"(3)
"(n)
"(1)
"(A) shall be considered to be in compliance with all requirements (including permitting requirements) under the Federal Water Pollution Control Act (
"(B) shall not be required to obtain a permit under, or to comply with, section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act (
"(C) shall not be required to obtain any authorizations, licenses, or permits that would otherwise not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(2)
"(A)
"(B)
"(i) the Federal Water Pollution Control Act (
"(ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(3)
"(A)
"(i) any actions undertaken that are authorized by the covered permit; or
"(ii) any past, present, or future releases, threats of releases, or discharges of hazardous substances, pollutants, or contaminants at or from the abandoned hardrock mine site that is the subject of the covered permit (including any releases, threats of releases, or discharges that occurred prior to the grant of the covered permit).
"(B)
"(i) the Federal Water Pollution Control Act (
"(ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(C)
"(D)
"(E)
"(i) notify the Good Samaritan or cooperating person, as applicable, of the failure to comply; and
"(ii) require the Good Samaritan or the cooperating person, as applicable, to undertake reasonable measures, as determined by the Administrator, to return surface water quality or other environmental conditions to those conditions.
"(F)
"(G)
"(i) that failure or noncompliance does not result in a measurable adverse impact, as determined by the Administrator, on water quality or other environmental conditions; or
"(ii) the Good Samaritan or cooperating person complies with subparagraph (E)(ii).
"(o)
"(1) section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(2) section 304 of the Emergency Planning and Community Right-To-Know Act of 1986 (
"(3) the Federal Water Pollution Control Act (
"(4) any other applicable provision of Federal law; and
"(5) any other applicable provision of State, Tribal, or local law.
"(p)
"(1) section 319 of the Federal Water Pollution Control Act (
"(2) section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(q)
"(1)
"(A) the Administrator to take any responsive action authorized by law; or
"(B) a Federal, State, Tribal, or local agency to carry out any emergency authority, including an emergency authority provided under Federal, State, Tribal, or local law.
"(2)
"(r)
"(1)
"(A) on inspection and notice from the Administrator to the recipient of the Good Samaritan permit that the permitted work has been completed in accordance with the terms of the Good Samaritan permit, as determined by the Administrator;
"(B) if the Administrator terminates a permit under paragraph (4)(B); or
"(C) except as provided in paragraph (2)—
"(i) on the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, if the permitted work has not commenced by that date; or
"(ii) if the grant of the Good Samaritan permit was the subject of a petition for judicial review, on the date that is 18 months after the date on which the judicial review, including any appeals, has concluded, if the permitted work has not commenced by that date.
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(4)
"(A)
"(i) significantly reduces the feasibility or significantly increases the cost of completing the remediation project that is the subject of the Good Samaritan permit;
"(ii) was not—
"(I) reasonably contemplated by the recipient of the Good Samaritan permit; or
"(II) taken into account in the remediation plan of the recipient of the Good Samaritan permit; and
"(iii) is beyond the control of the recipient of the Good Samaritan permit, as determined by the Administrator.
"(B)
"(i) the recipient of the Good Samaritan permit seeks termination of the permit under subparagraph (A);
"(ii) the factors described in subparagraph (A) are satisfied; and
"(iii) the Administrator determines that remediation activities conducted by the Good Samaritan or cooperating person pursuant to the Good Samaritan permit may result in surface water quality conditions, or any other environmental conditions, that will be worse than the baseline conditions, as described in the Good Samaritan permit, as applicable.
"(5)
"(s)
"(1)
"(2)
"(A)
"(B)
"SEC. 5. SPECIAL ACCOUNTS.
"(a)
"(1) each Federal land management agency that authorizes a Good Samaritan to conduct a project on Federal land under the jurisdiction of that Federal land management agency under a Good Samaritan permit; and
"(2) the Environmental Protection Agency.
"(b)
"(1) amounts provided in appropriation Acts;
"(2) any proceeds from reprocessing deposited under section 4(f)(4)(B)(iv);
"(3) any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb);
"(4) any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5); and
"(5) any amounts donated to the Fund by any person.
"(c)
"(d)
"SEC. 6. REPORT TO CONGRESS.
"(a)
"(b)
"(1) a description of—
"(A) the number, types, and objectives of Good Samaritan permits granted pursuant to this Act; and
"(B) each remediation project authorized by those Good Samaritan permits;
"(2) interim or final qualitative and quantitative data on the results achieved under the Good Samaritan permits before the date of issuance of the report;
"(3) a description of—
"(A) any problems encountered in administering this Act; and
"(B) whether the problems have been or can be remedied by administrative action (including amendments to existing law);
"(4) a description of progress made in achieving the purposes of this Act; and
"(5) recommendations on whether the Good Samaritan pilot program under this Act should be continued, including a description of any modifications (including amendments to existing law) required to continue administering this Act."
Definitions
For definition of "Indian Tribe" as used in this section, see