30 U.S.C. § 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)

section 1232 of this title 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)

section 1253 of this titleProvidedsection 1232(g)(1) of this title 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 : , That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under ;

(2)

section 1239 of this title acquisition and filling of voids and sealing of tunnels, shafts, and entryways under ;

(3)

acquisition of land as provided for in this subchapter;

(4)

section 1232 of this title 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)

section 1240a of this title for use under ;

(9)

section 1257(c) of this title for the purpose of , except that not more than $10,000,000 shall annually be available for such purpose;

(10)

section 1232(h) of this title for the purpose described in ; and

(11)

all other necessary expenses to accomplish the purposes of this subchapter.

(d)

Availability of moneys; no fiscal year limitation

(1)

In general

section 1232(g)(3) of this titleMoneys from the fund for expenditures under subparagraphs (A) through (D) of shall be available only when appropriated for those subparagraphs.

(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

section 1232(h) of this title section 1232(h) of this titleThe 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 and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to, and form a part of, the fund for the purpose of the transfers under .

(f)

General limitation on obligation authority

(1)

In general

September 30, 2007From amounts deposited into the fund under subsection (b), the Secretary shall distribute during each fiscal year beginning after , 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)

section 1232(g) of this title 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 ; plus

(ii)

section 1232(g)(8) of this title the amount needed for the adjustment under 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 distributed to States and Indian tribes pursuant to paragraph (2), the Secretary shall distribute—

(i)

section 1232(g) of this title section 1232(g) of this title section 1240a(h)(3) of this title section 1240a(h)(2) of this title section 1232(g)(5) of this title the amounts allocated under paragraph (1) of , the amounts allocated under paragraph (5) of , and any amount reallocated under in accordance with , for grants to States and Indian tribes under ; and

(ii)

section 1232(g)(8) of this title the amounts allocated under .

(B)

Exclusion

October 1, 2007section 1232(g)(1) of this titleBeginning on , 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

October 1, 2007Notwithstanding paragraph (3), the amount distributed under this subsection for the first 4 fiscal years beginning on and after , 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.

Pub. L. 95–87, title IV, § 401Aug. 3, 197791 Stat. 456 Pub. L. 98–473, title I, § 101(c) [title III, § 324]Oct. 12, 198498 Stat. 1837 Pub. L. 101–508, title VI, § 6002Nov. 5, 1990104 Stat. 1388–289 Pub. L. 102–486, title XIX, § 19143(b)(3)(A)Oct. 24, 1992106 Stat. 3056 Pub. L. 109–432, div. C, title II, § 201(a)Dec. 20, 2006120 Stat. 3006 Pub. L. 117–58, div. D, title VII, § 40703Nov. 15, 2021135 Stat. 1093 (, , ; , , , 1875; , , ; , title XXV, § 2504(c)(1), , , 3105; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 117–58, § 40703(1)2021—Subsec. (f)(2)(A). , substituted “2035” for “2022” in heading and in introductory provisions.

Pub. L. 117–58, § 40703(2)Subsec. (f)(2)(B). , substituted “2036” for “2023” in heading and “2036” for “2023” and “2035” for “2022” in text.

Pub. L. 109–432, § 201(a)(1)2006—Subsec. (c)(2) to (13). , 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:

section 1236 of this title“(2) for transfer on an annual basis to the Secretary of Agriculture for use under ;” 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 accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986, conducted for the purposes of this subchapter;”.

Pub. L. 109–432, § 201(a)(2)Subsec. (d). , added subsec. (d) and struck out former subsec. (d) which read as follows: “Moneys from the fund shall be available for the purposes of this subchapter, only when appropriated therefor, and such appropriations shall be made without fiscal year limitations.”

Pub. L. 109–432, § 201(a)(3)section 1232(h) of this title section 1232(h) of this titleSubsec. (e). , in second sentence, substituted “achieving the purposes of the transfers under ” for “the needs of such fund” and, in third sentence, inserted “for the purpose of the transfers under ” before period at end.

Pub. L. 109–432, § 201(a)(4)Subsec. (f). , added subsec. (f).

Pub. L. 102–486, § 2504(c)(1)1992—Subsec. (c)(6). , substituted “studies, research, and demonstration projects” for “studies” and struck out “to provide information, advice, and technical assistance, including research and demonstration projects” after “private organizations”.

Pub. L. 102–486, § 19143(b)(3)(A)Subsec. (c)(12), (13). , added par. (12) and redesignated former par. (12) as (13).

Pub. L. 101–508, § 6002(a)(1)section 1232 of this titleProvidedsection 1257(c) of this title section 1302 of this titleProvided further1990—Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the reclamation fees levied under : , That an amount not to exceed 10 per centum of such reclamation fees collected for any calendar quarter shall be reserved beginning in the first calendar year in which the fee is imposed 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 , subject to appropriation pursuant to authorization under : , That not more than $10,000,000 shall be available for such purposes;”.

Pub. L. 101–508, § 6002(a)(2)Subsec. (b)(5). , added par. (5).

Pub. L. 101–508, § 6002(b)(1)Subsec. (c)(1). , substituted “section 1232(g)(1)” for “section 1232(g)(2)”.

Pub. L. 101–508, § 6002(b)(2)section 1236 of this titleSubsec. (c)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “for use under , 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 Agriculture for such purposes;”.

Pub. L. 101–508, § 6002(b)(3)Subsec. (c)(6). , 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”.

Pub. L. 101–508, § 6002(b)(5)Subsec. (c)(10) to (12). , added pars. (10) and (11) and redesignated former par. (10) as (12).

Pub. L. 101–508, § 6002(c)Subsec. (e). , added subsec. (e).

Pub. L. 98–473 section 1253 of this titleProvidedsection 1232(g)(2) of this title1984—Subsec. (c)(1). 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 : , That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under ;”.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–508, title VI, § 6014Nov. 5, 1990104 Stat. 1388–298

Pub. L. 101–508 section 1240a of this titleOct. 1, 1991“The amendments made by this subtitle [subtitle A (§§ 6001–6014) of title VI of , enacting and amending 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 [] immediately following the fiscal year in which this subtitle is enacted.”

, , , provided that:

Savings Provision

Pub. L. 101–508, title VI, § 6013Nov. 5, 1990104 Stat. 1388–298

Pub. L. 101–508 section 1201 of this titleNov. 5, 1990“Nothing in this subtitle [subtitle A (§§ 6001–6014) of title VI of , see Short Title of 1990 Amendment note set out under ] shall be construed to affect the certifications made by the State of Wyoming, the State of Montana, and the State of Louisiana to the Secretary of the Interior prior to the date of enactment of this subtitle [] that such State has completed the reclamation of eligible abandoned coal mine lands.”

, , , provided that:

Wage Rate Requirements

Pub. L. 117–58 section 18851 of Title 42For 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 , including authority of Secretary of Labor, see , The Public Health and Welfare.

Abandoned Mine Drainage in Ohio, Pennsylvania, and West Virginia

Pub. L. 118–272, div. A, title III, § 1345Jan. 4, 2025138 Stat. 3155

“(a)

Definitions .—

In this section:

“(1)

Abandoned mine drainage.—

“(A)

In general .—

30 U.S.C. 1231The term ‘abandoned mine drainage’ means discharge from land subject to title IV of the Surface Mining Control and Reclamation Act of 1977 ( et seq.).

“(B)

Inclusions .—

30 U.S.C. 1259The term ‘abandoned mine drainage’ includes discharges from an area where reclamation bonds have been forfeited under section 509 of the Surface Mining Control [and Reclamation] Act of 1977 (), for which funds are applied to complete the reclamation obligations initially required of the mining operator.

“(2)

Treatment technologies .—

The term ‘treatment technologies’ means technologies that either change the composition of the abandoned mine drainage to form other compounds that are less dangerous to human health or the environment, or limit contaminant mobility by physical or chemical means.

“(3)

Treatment works for abandoned mine drainage .—

The term ‘treatment works for abandoned mine drainage’ means a facility or system designed to collect, 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 financial assistance to non-Federal interests for the establishment of treatment works for abandoned mine drainage in Ohio, Pennsylvania, and West Virginia. Such assistance shall be in the form of the reimbursement of costs for the design and construction of the treatment works for abandoned mine drainage.

“(c)

Goal .—

30 U.S.C. 1201The goal of this pilot program is to initiate the cleanup process by implementing activities to reduce or treat acid mine drainage from abandoned and forfeited mine drainage and bond forfeiture sites, as defined under the Surface Mining Control and Reclamation Act of 1977 [ et seq.]. This cleanup supports water treatment and infrastructure improvements aimed at practical uses, including but not limited to agricultural, industrial or recreational applications.

“(d)

Public Ownership Requirement .—

The Secretary may provide assistance under this section only if the treatment works for abandoned mine drainage is publicly 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 assistance 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 develop the design and construction of the treatments [sic] works for abandoned mine drainage, in consultation 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 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 assistance under this section.

“(C)

Costs .—

The non-Federal interest shall be responsible for all costs in excess of the total cost of design and construction, as determined under subparagraph (A), including any and all costs associated with any liability that might arise in connection with the treatment works for abandoned mine drainage.

“(D)

Operation and maintenance .—

Operation and maintenance costs are a non-Federal responsibility. 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 includes the applicability of any provision of Federal or State law.

“(h)

Exclusions .—

42 U.S.C. 9601 42 U.S.C. 6901 33 U.S.C. 1251None 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 remediation activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( et seq.), the Solid Waste Disposal Act ( et seq.), or the Federal Water Pollution Control Act ( et seq.).

“(i)

Authorization of Appropriations .—

There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.”

, , , provided that:

Abandoned Mine Reclamation Fund; Deposit and Expenditure of Certain Donations

Pub. L. 105–277, div. A, § 101(e) [title I]Oct. 21, 1998112 Stat. 2681–231

30 U.S.C. 1231“That hereafter, donations received to support projects under the Appalachian Clean Streams Initiative and under the Western Mine Lands Restoration Partnerships Initiative, pursuant to , 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 private entities.”

, , , 2681–245, provided in part:

Abandoned Mine Reclamation Research and Development

Pub. L. 99–509, title III, § 3501Oct. 21, 1986100 Stat. 1891 Pub. L. 102–285, § 10(b)May 18, 1992106 Stat. 172 Pub. L. 99–509, , , as amended by , , , provided that after enactment of , 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 carried out by, the Director of the United States Bureau of Mines.