30 U.S.C. § 1231a — Abandoned mine reclamation fund au-

Page 241 TITLE 30—MINERAL LANDS AND MINING § 1231a such permits and licenses. The Secretary to the maximum extent possible shall expedite processing of any permits, variances, or approvals necessary to facilitate the completion of projects receiving as- sistance under this section. ‘‘(C) COSTS.—The non-Federal interest shall be re- sponsible for all costs in excess of the total cost of design and construction, as determined under sub- paragraph (A), including any and all costs associ- ated with any liability that might arise in connec- tion with the treatment works for abandoned mine drainage. ‘‘(D) OPERATION AND MAINTENANCE.—Operation and maintenance costs are a non-Federal responsi- bility. Such costs shall not be included in the total cost of the treatment works for abandoned mine drainage in subsection (A) [probably should be ‘‘subparagraph (A)’’]. ‘‘(3) FEDERAL ASSISTANCE.—Federal assistance shall be 75 percent of the total cost of the treatment works for abandoned mine drainage as determined in the agreement under subsection 2(A) [probably should be ‘‘paragraph (2)(A)’’]. ‘‘(g) PROVISION OF FEDERAL ASSISTANCE.—Providing of Federal assistance under this section shall in no way establish any liability for the Secretary associated with any treatment technologies associated with the treatment works for abandoned mine drainage. This in- cludes the applicability of any provision of Federal or State law. ‘‘(h) EXCLUSIONS.—None of the funds authorized by this section shall be used in relation to abandoned mine drainage associated with a facility for which a party identified is responsible for response, removal or reme- diation activities under the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or the Federal Water Pollu- tion Control Act (33 U.S.C. 1251 et seq.). ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section $50,000,000, to remain available until expended.’’ ABANDONED MINE RECLAMATION FUND; DEPOSIT AND EXPENDITURE OF CERTAIN DONATIONS Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–245, provided in part: ‘‘That here- after, donations received to support projects under the Appalachian Clean Streams Initiative and under the Western Mine Lands Restoration Partnerships Initia- tive, pursuant to 30 U.S.C. 1231, shall be credited to this account and remain available until expended without further appropriation for projects sponsored under these initiatives, directly through agreements with other Federal agencies, or through grants to States, and funding to local governments, or tax exempt pri- vate entities.’’ ABANDONED MINE RECLAMATION RESEARCH AND DEVELOPMENT Pub. L. 99–509, title III, § 3501, Oct. 21, 1986, 100 Stat. 1891, as amended by Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172, provided that after enactment of Pub. L. 99–509, the research and demonstration authorities of the Department of the Interior under former subsec. (c)(6) of this section were to be transferred to, and car- ried out by, the Director of the United States Bureau of Mines. § 1231a. Abandoned mine reclamation fund au- thorization of appropriations (a) In general There is authorized to be appropriated, for de- posit into the Abandoned Mine Reclamation Fund established by section 401(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain available until expended. (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 para- graph (2) annual grants for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). (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 sec- tion 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235); (B) States and Indian Tribes that are cer- tified under section 411(a) of that Act (30 U.S.C. 1240a(a)); and (C) States and Indian Tribes that are re- ferred to in section 402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)). (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 (30 U.S.C. 1233, 1240). (2) Long-term abandoned mine land reclama- tion (A) In general Not more than 30 percent of the total amount of a grant made annually under sub- section (b)(1) may be retained by the recipi- ent of the grant if those amounts are depos- ited 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 ex- pended by the State or Indian Tribe, as ap- plicable, for— (i) the abatement of the causes and the treatment of the effects of acid mine drainage resulting from coal mining prac- tices, including for the costs of building, operating, maintaining, and rehabilitating acid mine drainage treatment systems; (ii) the prevention, abatement, and con- trol of subsidence; or (iii) the prevention, abatement, and con- trol 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 Sur- face Mining Control and Reclamation Act Page 242 TITLE 30—MINERAL LANDS AND MINING § 1231a 1 So in original. The word ‘‘and’’ probably should not appear. of 1977 (30 U.S.C. 1233(c)) to reflect the use of the amounts for— (I) acid mine drainage abatement and treatment; (II) subsidence prevention, abatement, and control; and (III) coal mine fire prevention, abate- ment, 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 sub- section (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 sub- section (b)(1) to States and Indian Tribes on an equal annual basis over a 15-year period be- ginning on November 15, 2021, based on the number of tons of coal historically produced in the States or from the applicable Indian land before August 3, 1977, regardless of whether the State or Indian Tribe is certified under section 411(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)). (2) Surface Mining Control and Reclamation Act exception Section 401(f)(3)(B) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to grant funds dis- tributed under subsection (b)(1). (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 In- dian 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 address- ing outstanding reclamation needs under subsection (a) or (b) of section 403 or section 410 of the Surface Mining Control and Rec- lamation and 1 Act of 1977 (30 U.S.C. 1233, 1240). (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 de- scription 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 In- dian 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 sec- tion 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 In- dian Tribe shall be not less than $20,000,000, to the extent that the amount needed for reclama- tion 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 sec- tion 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), in providing grants under this section, priority may also be given to reclamation projects de- scribed in subsection (b)(1) that provide employ- ment for current and former employees of the coal industry. (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 (30 U.S.C. 1233(c)). (Pub. L. 117–58, div. D, title VII, § 40701, Nov. 15, 2021, 135 Stat. 1091; Pub. L. 117–328, div. DD, title VIII, § 801, Dec. 29, 2022, 136 Stat. 5622.) Editorial Notes REFERENCES IN TEXT The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (b)(1), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of this title and Tables. CODIFICATION Section was enacted as part of the Infrastructure In- vestment 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). Pub. L. 117–328 designated existing provisions as par. (1), inserted heading, substituted ‘‘Except as provided in paragraph (2), grants under’’ for ‘‘Grants under’’, and added par. (2). 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, Page 243 TITLE 30—MINERAL LANDS AND MINING § 1232 1 So in original. Probably should be ‘‘tipple,’’. 2 So in original. Probably should be capitalized. alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. DEFINITIONS For definition of ‘‘Indian Tribe’’ as used in this sec- tion, see section 5304 of Title 25, Indians, as made appli- cable by section 18701(2) of Title 42, The Public Health and Welfare. § 1232. Reclamation fee (a) Payment; rate All operators of coal mining operations sub- ject 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 cen- tum 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 be- ginning with the first calendar quarter occur- ring after August 3, 1977, and ending September 30, 2034. (c) Submission of statement Together with such reclamation fee, all opera- tors of coal mine operations shall submit a statement of the amount of coal produced dur- ing the calendar quarter, the method of coal re- moval and the type of coal, the accuracy of which shall be sworn to by the operator and no- tarized. Such statement shall include an identi- fication of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the prepa- ration 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 section 1256 of this title and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly re- ports under this subsection shall be maintained by the Secretary in a computerized database. (d) Penalty (1) Any person, corporate officer, agent or di- rector, on behalf of a coal mine operator, who knowingly makes any false statement, represen- tation or certification, or knowingly fails to make any statement, representation or certifi- cation required in this section shall, upon con- viction, 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 sub- chapter. 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, includ- ing without limitation, tipples and preparation plants, as may be necessary in the judgment of the Secretary to ensure full and complete pay- ment of the fees under this subchapter. (e) Civil action to recover fee Any portion of the reclamation fee not prop- erly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from coal mine operators, in any court of com- petent jurisdiction in any action at law to com- pel payment of debts. (f) Cooperation from other agencies All Federal and State agencies shall fully co- operate with the Secretary of the Interior in the enforcement of this section. Whenever the Sec- retary believes that any person has not paid the full amount of the fee payable under subsection (a) the Secretary shall notify the Federal agen- cy responsible for ensuring compliance with the provisions of section 4121 of title 26. (g) Allocation of funds (1) Except as provided in subsection (h), mon- eys 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 col- lected 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 reclama- tion program pursuant to section 1235 of this title. (ii) Lands and waters which are eligible pursuant to section 1234 of this title (in the case of a State not certified under section 1240a(a) of this title) or pursuant to section 1240a(b) of this title (in the case of a State certified under section 1240a(a) of this title). (B) 50 percent of the reclamation fees col- lected 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 reclama- tion program pursuant to section 1235 of this title. (ii) Lands and waters which are eligible pursuant to section 1234 of this title (in the case of an Indian tribe not certified under section 1240a(a) of this title) or pursuant to section 1240a(b) of this title (in the case of a tribe certified under section 1240a(a) of this title).