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 Min

IIJA AML grants will be distributed to eligible State and Tribal AML Programs for use to abate and eliminate physical hazards to public health, safety, and the environment in a timely manner, which will support local communities in achieving their priorities and needs through collaboration and consensus-building for local projects. IIJA AML grants will also be used to provide safe drinking water in areas where groundwaters are contaminated due to abandoned coal mines.

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.

Environment (water, air, solid waste, pesticides, radiation), Natural Resources (mineral, water, wildlife, land), Economic Development 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 OSM 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 OSM program and financial assistance official. The OSM 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.

IIJA AML: Restrictions can be referenced in the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, as amended, 91 Stat. 445-532, and Public Law 116-6 and Consolidated Appropriations Act, 2021 (Public Law 116-260), and the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58).

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 OSM's approval of the Authorization to proceed, which is the point of federal action for that reclamation project.

IIJA: (Pub. L. No. 117-58), also known as the Infrastructure Investment and Jobs Act, was enacted on November 15, 2021. The IIJA authorized and appropriated $11.293 billion for deposit into the Abandoned Mine Reclamation Fund administered by the Office of Surface Mining (OSM). Of the $11.293 billion appropriated, OSM 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 will 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 has 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, 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 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 OSM selection panel. Applications will be rated based on established criteria used to evaluate merit as outlined in Notice of Funding Opportunity. The OSM 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.

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.

An applicant may appeal the OSM decision not to approve a grant or to reduce or terminate a grant to the Director, OSM, no later than 30 days after the disapproval action.