AML Reauthorization Update

Overview of SMCRA Amendments 2006

These changes will result in dramatic and far reaching effects to the AML program. The states, tribes, and federal Office of Surface Mining are working cooperatively to ensure a smooth implementation of the 2006 Amendments in a way that benefits the citizens of the nation’s coalfields.

Comprehensive legislation reauthorizing the Abandoned Mine Land (AML) program under Title IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) was passed by the Congress on December 9, 2006, and was signed by the President on December 20, 2006.

This bill represents the culmination of years of work by the states, federal government, and others to address the future of the AML program. The Surface Mining Control and Reclamation Act Amendments of 2006 were contained in the Tax Relief and Health Care Act of 2006 (Public Law 109-342).

The new legislation extends federal AML fee collection authority to 2021 at reduced rates and addresses a host of other provisions to the AML program. Once implemented, the new changes in federal law will result in substantial increases in AML funding to states and tribes and focus AML reclamation on projects that benefit public health and safety.

Other notable changes made by the 2006 Amendments include:

• AML fee collection extended for 15 years.

• AML fees reduced by 20% over the duration of the extension

• Unappropriated State Share balances paid out to states and tribes over a seven year period.

• AML allocation formula modified to direct more funds to areas with most historic coal-related problems.

• AML funds distributed annually outside Congressional appropriation process.

• Acid Mine Drainage Abatement Set-aside allotment increased from 10% to 30% of grant.

• 30% cap on waterline allotment lifted. States no longer limited by cap on waterline funding.

• Lien provisions streamlined.

• Redefines priorities for AML funding.

• Increases and stabilizes funding for the UMWA Combined Benefit Funds.