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DOI/OSMRE RIN: 1029-AC83 Publication ID: Spring 2022 
Title: ●2021 SMCRA Amendments--AML Fee Renewal 

This rule revises our regulations to be consistent with the Infrastructure Investment and Jobs Act (IIJA), which was signed into law on November 15, 2021 and which included the Abandoned Mine Land Reclamation Amendments of 2021 (the 2021 amendments). The rule reflects the extension of our statutory authority to collect reclamation fees for an additional thirteen years and to reduce the fee rates. In addition, we are revising our rule provisions to reflect the statutory extension of the dates when moneys derived from these fees will be available to eligible States and Tribes for grant distributions.

Agency: Department of the Interior(DOI)  Priority: Info./Admin./Other 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 30 CFR 870    30 CFR 872   
Legal Authority: 30 U.S.C. 1201    30 U.S.C. 1231    30 U.S.C. 1232   
Legal Deadline:
Action Source Description Date
Other  Statutory  Interim Final Rule  12/30/2021 

Overall Description of Deadline: The Bipartisan Infrastructure Law amendments to the SMCRA AML fee provisions are self-implementing, the current rules are inconsistent with the 20% reduction in the AML fee rates and the reinstatement of OSMRE's fee collection authority as provided by the BIL. The concurrent extension of our fee collection authority and reduction in reclamation fee rates, if not clearly understood by coal mine operators, could result in delayed payment of further quarter reclamation fees due January 30, 2022.

Action Date FR Cite
Interim Final Rule  01/14/2022  87 FR 2341   
Interim Final Rule Comment Period End  02/14/2022 
Final Action  06/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Harry J. Payne
Department of the Interior
Office of Surface Mining Reclamation and Enforcement
1951 Constitution Avenue NW, Mail Stop 203,
Washington, DC 20240
Phone:202 208-2895