30 U.S.C. § 1231 — Abandoned Mine Reclamation Fund

Page 238 TITLE 30—MINERAL LANDS AND MINING § 1231 refining processes, product substitution and conservation of mineral resources through re- cycling and advanced processing and fabrica- tion methods; (2) identify new deposits of strategic and critical mineral resources; and (3) facilitate the transfer of information, studies, and technologies developed by the center to the private sector. (c) Criteria The Secretary shall establish the center re- ferred to in subsection (a) at a university that— (1) does not currently host a generic mineral technology center; (2) has established advanced degree pro- grams in geology and geological engineering, and metallurgical and mining engineering; (3) has expertise in materials and advanced processing research; and (4) is located west of the 100th meridian. (d) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 98–409, § 12, as added Pub. L. 101–498, § 2, Nov. 2, 1990, 104 Stat. 1207.) Editorial Notes CODIFICATION Section was enacted as part of the Mining and Min- eral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. 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 (herein- after 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 section 1232 of this title; (2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been de- ducted; (3) donations by persons, corporations, asso- ciations, 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 sub- section (e). (c) Use of moneys Moneys in the fund may be used for the fol- lowing purposes: (1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to rec- lamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; seal- ing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treat- ment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abate- ment, and control of burning coal refuse dis- posal areas and burning coal in situ; preven- tion, abatement, and control of coal mine sub- sidence; and establishment of self-sustaining, individual State administered programs to in- sure private property against damages caused by land subsidence resulting from under- ground coal mining in those States which have reclamation plans approved in accordance with section 1253 of this title: Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under section 1232(g)(1) of this title; (2) acquisition and filling of voids and seal- ing of tunnels, shafts, and entryways under section 1239 of this title; (3) acquisition of land as provided for in this subchapter; (4) enforcement and collection of the rec- lamation fee provided for in section 1232 of this title; (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 pur- poses of this subchapter; (8) for use under section 1240a of this title; (9) for the purpose of section 1257(c) of this title, except that not more than $10,000,000 shall annually be available for such purpose; (10) for the purpose described in section 1232(h) of this title; and (11) all other necessary expenses to accom- plish the purposes of this subchapter. (d) Availability of moneys; no fiscal year limita- tion (1) In general Moneys from the fund for expenditures under subparagraphs (A) through (D) of sec- tion 1232(g)(3) of this title shall be available only when appropriated for those subpara- graphs. (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). Page 239 TITLE 30—MINERAL LANDS AND MINING § 1231 (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 section 1232(h) of this title and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obli- gations of the United States of comparable ma- turities. The income on such investments shall be credited to, and form a part of, the fund for the purpose of the transfers under section 1232(h) of this title. (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 Sep- tember 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 sub- section (b) for the preceding fiscal year that were allocated under paragraphs (1) and (5) of section 1232(g) of this title; plus (ii) the amount needed for the adjust- ment under section 1232(g)(8) of this title for the current fiscal year. (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 dis- tributed to States and Indian tribes pursu- ant to paragraph (2), the Secretary shall dis- tribute— (i) the amounts allocated under para- graph (1) of section 1232(g) of this title, the amounts allocated under paragraph (5) of section 1232(g) of this title, and any amount reallocated under section 1240a(h)(3) of this title in accordance with section 1240a(h)(2) of this title, for grants to States and Indian tribes under section 1232(g)(5) of this title; and (ii) the amounts allocated under section 1232(g)(8) of this title. (B) Exclusion Beginning on October 1, 2007, certified States shall be ineligible to receive amounts under section 1232(g)(1) of this title. (4) Availability Amounts in the fund available to the Sec- retary 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 fol- lowing 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. (Pub. L. 95–87, title IV, § 401, Aug. 3, 1977, 91 Stat. 456; Pub. L. 98–473, title I, § 101(c) [title III, § 324], Oct. 12, 1984, 98 Stat. 1837, 1875; Pub. L. 101–508, title VI, § 6002, Nov. 5, 1990, 104 Stat. 1388–289; Pub. L. 102–486, title XIX, § 19143(b)(3)(A), title XXV, § 2504(c)(1), Oct. 24, 1992, 106 Stat. 3056, 3105; Pub. L. 109–432, div. C, title II, § 201(a), Dec. 20, 2006, 120 Stat. 3006; Pub. L. 117–58, div. D, title VII, § 40703, Nov. 15, 2021, 135 Stat. 1093.) Editorial Notes AMENDMENTS 2021—Subsec. (f)(2)(A). Pub. L. 117–58, § 40703(1), sub- stituted ‘‘2035’’ for ‘‘2022’’ in heading and in introduc- tory provisions. Subsec. (f)(2)(B). Pub. L. 117–58, § 40703(2), substituted ‘‘2036’’ for ‘‘2023’’ in heading and ‘‘2036’’ for ‘‘2023’’ and ‘‘2035’’ for ‘‘2022’’ in text. 2006—Subsec. (c)(2) to (13). Pub. L. 109–432, § 201(a)(1), redesignated pars. (3) to (5) and (7) to (13) as (2) to (4) and (5) to (11), respectively, and struck out former pars. (2) and (6) which read as follows: ‘‘(2) for transfer on an annual basis to the Secretary of Agriculture for use under section 1236 of this title;’’ and ‘‘(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 ac- cordance with section 3501 of the Omnibus Budget Rec- onciliation Act of 1986, conducted for the purposes of this subchapter;’’. Subsec. (d). Pub. L. 109–432, § 201(a)(2), added subsec. (d) and struck out former subsec. (d) which read as fol- lows: ‘‘Moneys from the fund shall be available for the purposes of this subchapter, only when appropriated therefor, and such appropriations shall be made with- out fiscal year limitations.’’ Subsec. (e). Pub. L. 109–432, § 201(a)(3), in second sen- tence, substituted ‘‘achieving the purposes of the trans- fers under section 1232(h) of this title’’ for ‘‘the needs of such fund’’ and, in third sentence, inserted ‘‘for the purpose of the transfers under section 1232(h) of this title’’ before period at end. Subsec. (f). Pub. L. 109–432, § 201(a)(4), added subsec. (f). 1992—Subsec. (c)(6). Pub. L. 102–486, § 2504(c)(1), sub- stituted ‘‘studies, research, and demonstration projects’’ for ‘‘studies’’ and struck out ‘‘to provide in- formation, advice, and technical assistance, including Page 240 TITLE 30—MINERAL LANDS AND MINING § 1231 research and demonstration projects’’ after ‘‘private or- ganizations’’. Subsec. (c)(12), (13). Pub. L. 102–486, § 19143(b)(3)(A), added par. (12) and redesignated former par. (12) as (13). 1990—Subsec. (b)(1). Pub. L. 101–508, § 6002(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘the reclamation fees levied under section 1232 of this title: Provided, That an amount not to exceed 10 per centum of such reclamation fees col- lected for any calendar quarter shall be reserved begin- ning in the first calendar year in which the fee is im- posed and continuing for the remainder of that fiscal year and for the period in which such fee is imposed by law, for the purpose of section 1257(c) of this title, sub- ject to appropriation pursuant to authorization under section 1302 of this title: Provided further, That not more than $10,000,000 shall be available for such pur- poses;’’. Subsec. (b)(5). Pub. L. 101–508, § 6002(a)(2), added par. (5). Subsec. (c)(1). Pub. L. 101–508, § 6002(b)(1), substituted ‘‘section 1232(g)(1)’’ for ‘‘section 1232(g)(2)’’. Subsec. (c)(2). Pub. L. 101–508, § 6002(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘for use under section 1236 of this title, by the Secretary of Agriculture, of up to one-fifth of the money deposited in the funds annually and transferred by the Secretary of the Interior to the Secretary of Ag- riculture for such purposes;’’. Subsec. (c)(6). Pub. L. 101–508, § 6002(b)(3), struck out ‘‘by contract’’ after ‘‘Department of the Interior’’ and inserted ‘‘conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986’’ after ‘‘projects’’. Subsec. (c)(10) to (12). Pub. L. 101–508, § 6002(b)(5), added pars. (10) and (11) and redesignated former par. (10) as (12). Subsec. (e). Pub. L. 101–508, § 6002(c), added subsec. (e). 1984—Subsec. (c)(1). Pub. L. 98–473 inserted at end ‘‘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 section 1253 of this title: Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under section 1232(g)(2) of this title;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title VI, § 6014, Nov. 5, 1990, 104 Stat. 1388–298, provided that: ‘‘The amendments made by this subtitle [subtitle A (§§ 6001–6014) of title VI of Pub. L. 101–508, enacting section 1240a of this title and amend- ing this section and sections 1232 to 1237, 1239, 1257, and 1302 of this title] shall take effect at the beginning of the first fiscal year [Oct. 1, 1991] immediately following the fiscal year in which this subtitle is enacted.’’ SAVINGS PROVISION Pub. L. 101–508, title VI, § 6013, Nov. 5, 1990, 104 Stat. 1388–298, provided that: ‘‘Nothing in this subtitle [sub- title A (§§ 6001–6014) of title VI of Pub. L. 101–508, see Short Title of 1990 Amendment note set out under sec- tion 1201 of this title] shall be construed to affect the certifications made by the State of Wyoming, the State of Montana, and the State of Louisiana to the Sec- retary of the Interior prior to the date of enactment of this subtitle [Nov. 5, 1990] that such State has com- pleted the reclamation of eligible abandoned coal mine lands.’’ 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 Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. ABANDONED MINE DRAINAGE IN OHIO, PENNSYLVANIA, AND WEST VIRGINIA Pub. L. 118–272, div. A, title III, § 1345, Jan. 4, 2025, 138 Stat. 3155, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ABANDONED MINE DRAINAGE.— ‘‘(A) IN GENERAL.—The term ‘abandoned mine drainage’ means discharge from land subject to title IV of the Surface Mining Control and Rec- lamation Act of 1977 (30 U.S.C. 1231 et seq.). ‘‘(B) INCLUSIONS.—The term ‘abandoned mine drainage’ includes discharges from an area where reclamation bonds have been forfeited under sec- tion 509 of the Surface Mining Control [and Rec- lamation] Act of 1977 (30 U.S.C. 1259), for which funds are applied to complete the reclamation obli- gations initially required of the mining operator. ‘‘(2) TREATMENT TECHNOLOGIES.—The term ‘treat- ment technologies’ means technologies that either change the composition of the abandoned mine drain- age to form other compounds that are less dangerous to human health or the environment, or limit con- taminant mobility by physical or chemical means. ‘‘(3) TREATMENT WORKS FOR ABANDONED MINE DRAIN- AGE.—The term ‘treatment works for abandoned mine drainage’ means a facility or system designed to col- lect, aggregate, and treat abandoned mine drainage from sources or sites within a designated watershed or area using treatment technologies. ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Secretary [of the Army] may establish a pilot program to provide fi- nancial assistance to non-Federal interests for the es- tablishment of treatment works for abandoned mine drainage in Ohio, Pennsylvania, and West Virginia. Such assistance shall be in the form of the reimburse- ment of costs for the design and construction of the treatment works for abandoned mine drainage. ‘‘(c) GOAL.—The goal of this pilot program is to ini- tiate the cleanup process by implementing activities to reduce or treat acid mine drainage from abandoned and forfeited mine drainage and bond forfeiture sites, as de- fined under the Surface Mining Control and Reclama- tion Act of 1977 [30 U.S.C. 1201 et seq.]. This cleanup supports water treatment and infrastructure improve- ments aimed at practical uses, including but not lim- ited to agricultural, industrial or recreational applica- tions. ‘‘(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance under this section only if the treatment works for abandoned mine drainage is pub- licly owned. ‘‘(e) PRIORITIZATION.—The Secretary shall prioritize assistance under this section to efforts that— ‘‘(1) reduce abandoned mine drainage from multiple sources; or ‘‘(2) include a centralized water treatment system to reduce the abandoned mine drainage from multiple sources or sites within a designated watershed area over the greatest number of stream miles. ‘‘(f) AGREEMENTS.— ‘‘(1) IN GENERAL.—Before providing financial assist- ance under this section, the Secretary shall enter into an agreement with the non-Federal interest. ‘‘(2) REQUIREMENTS.—Each agreement entered under this subsection shall provide for the following: ‘‘(A) PLAN.—The non-Federal interest shall de- velop the design and construction of the treatments [sic] works for abandoned mine drainage, in con- sultation with the appropriate regulatory agencies addressing restoration of the impaired waters, which shall include the total cost of the restoration work to be funded under the agreement. ‘‘(B) PERMITS.—The non-Federal interest shall be responsible for obtaining all permits and licenses necessary for the design and construction of the treatment works for abandoned mine drainage and for ensuring compliance with all requirements of 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