Infrastructure Investment and Jobs Act (IIJA) Abandoned Mine Land Program

The Infrastructure Investment and Jobs Act (IIJA) (Pub. L. No. 117-58), which was enacted on November 15, 2021, authorized and appropriated $11.293 billion for deposit into the Abandoned Mine Reclamation Fund administered by the Office of Surface Mining Reclamation and Enforcement (OSMRE). Of the $11.293 billion appropriated, OSMRE will distribute approximately $10.873 billion in IIJA Abandoned Mine Land (AML) grants to eligible States and Tribes on an equal annual basis—approximately $725 million a year—over a 15-year period. IIJA funds expand the AML Reclamation Program to fund the activities described in the IIJA, in addition to those already funded under Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended. The objective of the IIJA AML Program is to address coal AML related problems described in sections 403(a), 403(b), and 410 of SMCRA, which include: coal AML emergencies, physical hazards resulting from legacy coal mining that pose a threat to public health, safety, and the environment (including acid mine drainage), and water supplies that have been adversely affected by legacy coal mining. In addition, the IIJA encourages States and Tribes to prioritize projects that provide employment for current and former employees of the coal industry.
The Consolidated Appropriations Act, 2023 (commonly referred to as the STREAM Act), amended section 40701(c) of the IIJA to authorize eligible States and Tribes to retain up to 30 percent of the “total amount of a grant made annually” under section 40701(b)(1) of the IIJA in 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 Tribe” for (1) the abatement of the causes and the treatment of the effects of acid mine drainage resulting from coal mining practices, including costs associated with acid main drainage treatment systems; (2) the prevention, abatement, and control of subsidence; or (3) the prevention, abatement, and control of coal mine fires.

The IIJA AML program is restricted to States with an approved coal mining regulatory program, lands eligible for reclamation, and active coal mining operations within their borders that are paying coal reclamation fees into the Abandoned Mine Reclamation Fund; and to federally recognized Tribes with eligible lands, and active mining operations paying fees into the Abandoned Mine Reclamation Fund.

State, Local Citizens and the general public are protected from physical hazards and benefit from the reclamation of abandoned mine lands and polluted waters by reducing exposure to safety and health risks.

The regional office must act upon a grant application within 60 days of submittal of a complete application. All applications will be initially screened for eligibility and compliance with the requirements stated notice of funding opportunity. All timely submitted and qualified proposals are reviewed by an OSMRE selection panel. Applications will be rated based on established criteria used to evaluate merit as outlined in Notice of Funding Opportunity. The OSMRE Field Directors or his/her designee approves and awards cooperative agreements for this program. If the application is not approved, the regional office must provide the reasons for disapproval in writing.