Abandoned Mine Land Reclamation (AMLR)

 

The objectives of the Abandoned Mine Lands (AML) Program are defined in the Surface Mining Control and Reclamation Act of 1977 (SMCRA) is the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices; the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices, the protection of public health and safety from adverse effects of coal mining practices, the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands. The objectives of the Abandoned Mine Land Economic Revitalization (AMLER) Program are to develop eligible projects that demonstrate a nexus with AML land and water reclamation, and economic and community development. The AMLER Program is an opportunity for local communities and States/Tribes to return impacted areas to productive reuse, which should be defined by the States/Tribes in cooperation with local communities, to achieve the economic and community development goals identified for the community and/or region. The objective of the Bipartisan Infrastructure Law (BIL) Program is to address coal AML related problems including 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 supply that has been adversely affected by legacy coal mining. In addition, the BIL encourages States and Tribes to prioritize projects that provide employment for current and former employees of the coal industry.

Active 15.252 Office of Surface Mining Reclamation and Enforcement, Department of The Interior A - Formula Grants; B - Project Grants Fiscal Year 2017 Information not available. Since 1978, the AML grants have accelerate the completion of priority abandoned coal problems and restored to productive use land for agriculture, wildlife habitat and development. Mine site reclamation has also safeguards people and property, and revitalizes communities by creating jobs.
Fiscal Year 2018 Information not available.
Fiscal Year 2019 Information not available.
Fiscal Year 2020 •Managed the $171 million in mandatory AML grants provided to the 25 coal-producing States and three Tribes with an approved AML program. • Provided $115 million in AML Economic Revitalization Program sponsored grants to six States and three Tribes. • Improved land and water health by reclaiming, or mitigating, the equivalent of 17,760 acres of land from the effects of natural resource degradation from past mining. • Improved underground discharges of mine water, eliminating uncontrolled discharges, by employing horizontal boring techniques. • Used combinations of civil penalty funds and forfeited bond to continue work on two projects in Pennsylvania and one in Maryland. • The Federal Reclamation Program expended $1,803,319 to address three AML emergencies in Washington State, and $255,691 to address a High Priority subsidence feature in California.
Fiscal Year 2023 Examples of projects that may be funded using BIL AML grants include the abatement of coal AML emergencies, reclamation of physical hazards resulting from legacy coal mining that pose a threat to public health, safety, and the environment (including acid mine drainage), and the rehabilitation of water supply that has been adversely affected by legacy coal mining. BIL AML grants may also be used for the design, construction, rehabilitation, operation, and maintenance of AMD treatment facilities. Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, as amended, 91 Stat. 445-532.
Consolidated Appropriations Act, 2021 (Public Law 116-260)
The Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”) which authorized the appropriation of $11.293 billion for deposit into the Abandoned Mine Reclamation Fund to fund activities described in the Surface Mining Control and Reclamation Act of 1977, as amended, and the Bipartisan Infrastructure Law., Title nfrastructure Investment and Jobs Act (IIJA), Part 117-58, Public Law - The AML and BIL programs are 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. The AMLER Program is restricted to Tribes with AML Programs and the six Appalachian States with the highest amount of inventoried priority coal problems as described in paragraphs (1) and (2) of section 403(a) of SMCRA, as amended. 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 AMLER Program aims to enhance the economic diversification of coal country communities and bring legacy coal sites to productive reuse. The Secretary of the Interior must approve a State or Tribal reclamation plan. AML and BIL AML grants must be approved by an authorized official of the appropriate OSMRE regional or field office. 2 CFR 200, Subpart E - Cost Principles applies to the programs funded under this listing. Preapplication coordination is required. An environmental impact statement is required for this listing. An environmental impact assessment is required for this listing. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. Environmental clearance actions for each individual reclamation project are completed as part of the recipient's request for OSMRE's approval of the Authorization to proceed, which is the point of federal action for that reclamation project. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Required applications documents must be submitted in GrantSolutions.gov. Instructions will be posted in the designated funding opportunity, which will be posted in GrantSolutions.gov. The regional office must act upon a grant application within 60 days of submittal of a complete application (An exception is for certified States that submit AML grant applications in which OSMRE must complete its review within 30 days). 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. Contact the headquarters or regional location, as appropriate for application deadlines From 30 to 60 days. An applicant may appeal the OSMRE decision not to approve a grant or to reduce or terminate a grant to the Director, OSMRE, no later than 30 days after the disapproval action. Renewals are not applicable; each recipient grantee may apply for non-funded extensions of time as necessary to complete the project up to one year. Selection criteria are outlined in Section 403 and 411 of Public Law 95-87, cited Abandoned Mine Land Reclamation Program regulations, and approved state/tribal reclamation plans. States and Indian tribes must have an approved SMCRA regulatory (Title V) program and an approved reclamation (Title IV) program to be eligible to receive mandatory AML funding. AMLER projects are selected based on meeting eligibility required outlined in OSMRE's "Guidance for Project Eligibility under the Abandoned Mine Land Reclamation Economic Development Program for Fiscal Year 2021". Eligibility is based on having proximity to an AML site and having a measurable impact to economic/community development. BIL: Guidance containing criteria for selecting proposals will be finalized in FY 2022. The regional office must act upon a grant application within 60 days of submittal of a complete application (An exception is for certified States that submit AML grant applications in which OSMRE must complete its review within 30 days). All applications will be initially screened for eligibility and compliance with the requirements stated in the notice of funding opportunity, program regulations and statutes. All timely submitted and qualified proposals are reviewed by an OSMRE program and financial assistance official. The OSMRE Field Directors or designee approves and awards cooperative agreements for this program. If the application is not approved, the regional office will provide the reasons for disapproval in writing. All approved grants will be awarded using GrantSolutions and recipient payments will be made using the Automated Standard Applications for payments system. Performance Reports: AML: Oversight of the AML program is required in accordance with the Surface Mining Reclamation and Control Act of 1977, as amended, and OSMRE Directive AML-22, Evaluation of Abandoned Mine land Programs. Deliverables, expected outcomes, and annual evaluation reports are required, and can be found on the OSMRE website https://www.odocs.osmre.gov. AMLER: OSMRE is obligated to report to Congress and the public on the use of AMLER funds, as well as the benefits derived from their use. To this end, OSMRE will compile an Annual AMLER Program Report that will evaluate the economic impact of the Program and the status of AMLER projects within each State and Tribe. To assist OSMRE in preparing this report, each State and Tribal AML Program must provide detailed program narratives as part of their annual grant reports which must include a status update of each approved AMLER project for corresponding grants disbursed to date. Details of what must be included in the AMLER reports are located in the annual AMLER Program Guidance that is located at: https://www.osmre.gov/resources/grants-resources. BIL: OSMRE will collaborate with State and Tribal AML Programs, with outreach and input from the public, to develop an annual Performance Agreement/Evaluation Plan tailored to the unique conditions of each approved program. This will outline the activities used to assess the progress BIL AML funding has made towards achieving the goals outlined in the BIL. The overall measure of success is the degree to which States and Tribes are achieving the planned reclamation goals with BIL AML funding. Not applicable. Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report; If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken, in accordance with 2 CFR Part 200 Subpart D ?200.333, Retention Requirements for Records. Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. AML and AMLER Grant periods are variable; however, funds for reclamation construction activities should normally be expended within three years after award. BIL AML grants will be limited to a 5-year period of performance. Method of awarding/releasing assistance: All grants will be released and awarded using GrantSolutions and recipient payments will be made using the Automated Standard Applications for payments system. All grants will be released and awarded using GrantSolutions and recipient payments will be made using the Automated Standard Applications for payments system. Yolande J.C. Norman-Moore, Chief Division of Reclamation Support Program Support Directorate Department of Interior Office of Surface Mining Reclamation & Enforcement 1849 C Street NW Main Interior Building, Room 4545 Email: ynorman@osmre.gov Phone: (202) 208-2868 James Cash
Room 4551
Department of Interior (DOI)
DOI HQ Building
1849 C Street, NW
Washington, DC 20240
Washington, DC 20240 US
acash@osmre.gov
Phone: 202-742-0778 http://www.osmre.gov 14-1803-0-1-999 (Formula Grants) FY 22$215,242,579.00; FY 23 est $942,281,087.00; FY 24 est $942,281,087.00; FY 21$185,999,997.00; FY 20$186,000,000.00; FY 19$117,814,849.00; FY 18 est $327,600,000.00; FY 17$321,979,595.00; - Note: All funding is subject to Congressional appropriations and future budgetary authority. The estimated range of financial assistance is $150,000 to $25,000,000; The estimated average award amount is $7,174,753. OSMRE Federal Assistance Manual. The Federal Assistance Manual (FAM) provides policies and procedures to manage grants and cooperative agreements awarded by the Office of Surface Mining Reclamation and Enforcement (OSMRE). FAM is an official OSMRE directive, identified as number GMT-10 in our directive system. OSMRE Evaluation of State/Tribe Abandoned Mine Land Programs,, Directive AML-22. AML-22 Directive describes the procedures to be used for the AML program monitoring and evaluation activities. General regulations are found in Title 30, Code of Federal Regulations, and Parts 870-887. "Final Guidelines for Reclamation Programs and Projects", 66 Federal Register, 31250, June 11, 2001. Fiscal Year 2017 Information not available. Examples of projects reclaimed include hazardous and/or environmentally damaged features on mined lands, landslides, mine openings, impoundments, dangerous high walls, underground mine fires and burning refuse banks, mine subsidence, coal refuse piles, and acid mine drainage.
Fiscal Year 2018 Information not available.
Fiscal Year 2019 Uses of the grants support project design and AML reclamation activities, which may include abating emergency mining-related dangers to public health and safety; restoring water supply facilities impacted by coal mining; setting aside funds in a trust account to fund future acid mine drainage treatment and inventorying mining problems. Approved programs that have certified completion for reclaiming all their inventoried coal problems on lands within their jurisdiction may use funds for non-coal coal reclamation activities as authorized under SMCRA. Additionally, The AML Reclamation Economic Development Pilot Program (AML Pilot) shall be used for economic and community development in conjunction with the priorities found in section 403(a)of the Surface Mining control and Reclamation Act of 1977 (SMCRA) and is limited to eligible Tribes and Appalachian States as authorized under the Appropriation law(Public Law 116-6).
Fiscal Year 2020 In FY 2020, the major accomplishments in the Environmental Protection program activity included the implementation of the Federal and Indian Lands Programs, conducting 206 complete and 533 partial inspections, and completing 63 permit revisions, oversight of States as they performed 23,067 complete mine inspections and 37,836 partial inspections to ensure coal mines are operated safely and in accordance with environmental laws, continued promotion of the utilization of the Forestry Reclamation Approach (FRA) on active mining operations, with 96 percent of all trees planted on FRA prepared areas. A total number of 1,650,275 trees were planted during FY 2020 with 1,588,501 utilizing FRA on 2,648 acres.
Fiscal Year 2021 AML: Examples of funded projects include abatement of AML emergencies, Priority 1, 2, and 3 features and treatment of Acid Mine Drainage (AMD), as well as providing potable water to communities with degraded drinking water supplies due to pre-law mining, resulting in overall improvement to the quality of life for citizens living in coalfield communities. AMLER: Examples of funded projects include reclamation of coal AML hazards such as dangerous highwalls in conjunction with site preparation for local economic and community development end uses (e.g., development of building pads for potential commercial development, creation of safe and accessible trails, etc.).
Fiscal Year 2023 AML program: The Federal and Indian Lands Programs - to conduct complete and partial inspections, and complete permit revisions, States to perform complete mine inspections and partial inspections to ensure coal mines are operated safely and in accordance with environmental laws, promote utilization of the Forestry Reclamation Approach (FRA) on active mining operations, with trees planted on FRA prepared areas. AMLER: Sites eligible under the AMLER Program: • Unreclaimed Priority 1, Priority 2, or Priority 3 sites (i.e., AML lands and polluted waters) listed in the Enhanced Abandoned Mine Land Inventory System (e-AMLIS). • Previously reclaimed AML lands and polluted waters. • Land adjacent to unreclaimed or previously reclaimed AML lands and polluted waters as justified by the State, Tribe, and/or the communities impacted by historic coal production. BIL: OSMRE plans to begin awarding BIL AML grants to eligible States and Tribes by mid-April 2022. States and Tribes are also encouraged to prioritize projects under this scope that provide employment opportunities for current and former employees of the coal industry.