Reclaiming Abandoned Mine Lands

Title IV of the Surface Mining Control and Reclamation Act

Restoring the Environment

Coal mining has been common in the United States for nearly two centuries. Prior to the passage of the Surface Mining Control and Reclamation Act (SMCRA) of 1977, there was no regulatory oversight of coal operators or what happened to mines after mining stopped. As a result, millions of Americans live less than a mile from an abandoned coal mine.

Abandoned Mine Land Program

The OSMRE Abandoned Mine Land (AML) Reclamation Program addresses the hazards and environmental degradation posed by legacy coal mines. While AMLs can be dangerous and unwelcoming, through reclamation, this land can find a new purpose.

AML Fee Collection

Graphic displaying the fee rates per ton of coal <a href=produced since the implementation of SMCRA (August 3, 1977). The collected fees are used to fund the Abandoned Mine Land Reclamation Program. From 1977 to 2007 surface mines paid 35 cents per ton, underground mines paid 15 cents per ton, and lignite mines paid 10 cents per ton. From 2008 to 2012 surface mines paid 31.5 cents per ton, underground mines paid 13.5 cents per ton, and lignite mines paid 9 cents per ton. From 2013 to 2021 surface mines paid 28 cents per ton, underground mines paid 12 cents per ton, and lignite mines paid 8 cents per ton. And from 2022 to 2034 surface mines are paying 22.4 cents per ton, underground mines are paying 9.6 cents per ton, and lignite mines are paying 6.4 cents per ton. Note, change in fees are the result of Congress amending the Surface Mining Control and Reclamation Act." width="547" height="258" />

Title IV of SMCRA created the AML Reclamation Program which has been funded by a fee assessed on each ton of coal produced since August 3, 1977. As originally enacted, SMCRA authorized collection of the fee for 15 years. To sustain the program, Congress has amended SMCRA to change the structure of the fee three times and reauthorize fee collection eight times since its inception. Most recently, this was done in 2021 under the authority of Public Law No. 117-58 which adjusted the fee structure and extended OSMRE's fee collection authority through September 30, 2034.

Status of the AML Fund

AML Fee-based Reclamation Fund Status information may not reflect current distribution as of April 2024.

Updates to the AML Fee-based Reclamation Fund Status chart and report are forthcoming.

Image of the Abandoned Mine Land (AML) Fee-based Reclamation Fund. The AML Fund has collected $12.010 billion, including interest earned, as of September 30, 2022, through a reclamation fee assessed on each ton of coal that is produced. OSMRE has distributed $6.287 billion in AML Fee-based grants to states and Tribes from the collected fees. An additional


Fees collected from active coal mines are managed by OSMRE and held in the AML Fund. Within the AML Fund, monies are classified as State/Tribal Share (50%), Historic Coal Share (30%), and Federal Expense Share (20%). The AML Fund is distributed as grants using preset formulas to Uncertified and Minimum Program States. Both Uncertified and Minimum Program states receive grants from the State/Tribal Share and Historic Coal Share. Additional funds are provided to minimum program states from the Federal Expense Share to ensure a minimum grant of million each year. Additionally, OSMRE manages funds provided from the US Treasury. These funds are distributed though the AML grant process to Certified States and Tribes.

As of September 30, 2022, the Abandoned Mine Land Reclamation Fund (AML Fund) has collected $12.010 billion, including interest earned, through a reclamation fee assessed on each ton of coal that is produced.

OSMRE has distributed $6.287 billion in AML grants to states and tribes from the collected fees. An additional $1.596 billion was transferred to United Mine Workers of America (UMWA) Health and Retirement Funds, and $1.916 billion has been used for OSMRE operating expenses and AML emergencies. $2.211 billion of the AML Fund remains unappropriated.

For more information, see the most recent Status of the AML Fund report.

Distribution of AML Grants

Each year, OSMRE calculates the specific proportion of AML fee-based grant funding to be awarded to each state and tribe. The 2006 SMCRA Amendments mandated this AML grant distribution process.

The distribution is determined using a pre-set formula authorized by SMCRA.

This formula takes into account AML fee collections, historic coal production, the various shares within the AML Fund (i.e. State/Tribal Share, Federal Expense Share, Historic Coal Share), the minimum program supplemental adjustments, the AML inventory and, any other special Appropriations Act provisions (e.g. sequestration).