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1 [1] (January 7, 2022)

handle is hein.crs/govegud0001 and id is 1 raw text is: Congressional Research Service Informing the legislative debate since 1914 Updated January 7, 2022 The Abandoned Mine Reclamation Fund: Issues and Legislation in the 117th Congress Coal mining and production in the United States in the 20th century contributed to the nation meeting its energy requirements and left a legacy of unreclaimed lands. As amended, Title IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) authorized federal funding to reclaim coal mining sites that operated prior to enactment to which no other federal or state laws applied. Sites that remain unreclaimed may continue to pose hazards to public health, safety, and the environment. The Abandoned Mine Reclamation Fund, established under Section 401 of SMCRA, provides funding to eligible states and tribes for the reclamation of surface mining impacts associated with historical mining of coal. Title IV of SMCRA authorized the collection of fees on the production of coal. On November 15, 2021, the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58) reauthorized the coal reclamation fees through the end of FY2034, at reduced rates. The use of this funding is limited to the reclamation of coal mining sites abandoned or unreclaimed as of August 3, 1977 (date of SMCRA enactment). Title V of SMCRA authorized the regulation of coal mining sites operating after the law's enactment. Coal mining sites regulated under Title V are ineligible for grants from the Abandoned Mine Reclamation Fund. SMCRA mandated that coal mine operators regulated under Title V are responsible for providing financial assurance for completing site reclamation. The Office of Surface Mining Reclamation and Enforcement (OSMRE) within the Department of the Interior is the federal office responsible for administering SMCRA in coordination with eligible states and tribes. Reclamation Eligibility Title IV of SMCRA limits funding eligibility to sites where lands and waters have been affected by coal mining sites abandoned or unreclaimed prior to the enactment of SMCRA and for which there is no continuing reclamation responsibility under other federal or state laws. The scope of reclamation broadly includes activities to address public health and safety issues and environmental restoration of affected lands and waters that have been degraded by coal mining activities. Section 403 prioritizes reclamation according to public health, safety, and environmental hazards. For example, safety hazards may include unstable embankments or damaged infrastructure due to land subsidence. The geographic scope of the site may be larger than where the coal was mined, because it includes the affected lands and waters. Unfunded Reclamation Costs States and tribes report incurred and estimated future reclamation costs to OSMRE for Abandoned Mine Land (AML) projects. Estimates of unfunded reclamation costs may vary by the problem types among sites and the severity of hazards. According to OSMRE, the states and tribes have estimated total unfunded costs for the reclamation of eligible sites of approximately $11.5 billion to date. States and tribes periodically update estimates of unfunded reclamation costs as site conditions or the understandings of these conditions may change and as new sites may be identified. State and Tribal Recdaration Programs Pursuant to Section 405 of SMCRA, states and tribes must first obtain OSMRE approval of their reclamation programs to be eligible for grants from the Abandoned Mine Reclamation Fund. The grants are distributed among eligible states and tribes based on a statutory formula to calculate their respective shares of annual coal reclamation fee receipts based on current and historical coal production. States with greater historical coal production generally have more reclamation needs to address affected lands and waters. A total of 25 coal production states and three tribes with federally approved mine reclamation programs are eligible for these grants. Certification Section 411 of SMCRA authorizes OSMRE to certify a state or tribe once it demonstrates that it has reclaimed all of its priority abandoned coal mining sites. Five states and three tribes are certified: Crow Tribe, Hopi Tribe, Louisiana, Mississippi, Montana, Navajo Nation, Texas, and Wyoming. Since FY2008, certified states and tribes receive state and tribal share payments from the General Fund in lieu of the Abandoned Mine Reclamation Fund. States with OSMRE-approved coal reclamation programs that have not reclaimed all of their priority abandoned coal mining sites are uncertified states. Twenty states are uncertified: Alabama, Alaska, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Missouri, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah, Virginia, and West Virginia. The remaining states either did not have historical coal production or have not established an OSMRE-approved state program. U MWA H ealth and Pension Benefit Plans In addition to employer contributions, Title IV of SMCRA authorizes two sources of federal financial assistance for three United Mine Workers of America (UMWA) plans that provide health benefits for coal mine worker retirees: interest transfers from the Abandoned Mine Reclamation Fund and payments from the General Fund of the U.S. Treasury, which supplement the interest transfers. None of

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