Challenges and Opportunities for AML Reclamation in the 119th Congress

Tom Clarke, Executive Director for the IMCC presented as our Thursday Keynote Speaker at the 2025 AMR Conference. He has given his permission to post his presentation.

1. Challenges and Opportunities for AML Reclamation in the 119 th Congress Tom Clarke Executive Director 437 A Carlisle Drive Herndon, Virginia 20170

2. What is the IMCC? Established in 1971 by Mining States Under the auspices of the Council of State Governments Multi-State Government Organization Represents Interests of 27 Full Member States on Mining and AML Issues in Washington, DC Unlike Some Compacts, IMCC has No Regulatory Authority

3. Infrastructure Investment and Jobs Act (IIJA or BIL) Adopted November 15, 2021 The STREAM Act Adopted December 23, 2022

4. AML in the Infrastructure Investment & Jobs Act § 40701 - $11.3 Billion for Coal AML - 15 Year Program (thru FY 36) $339 Million to OSMRE for Implementation $56.5 Million to Interior’s Inspector General $25 Million for Assistance to States in Inventorying AML Features § 40702 & § 40703 - AML Fees Extended 13 Years (FY 34) - 80% of Previous Rates Surface Coal: 28¢ → 22.4¢ Underground Coal: 12¢ → 9.6¢ Lignite Coal: 8¢ → 6.4¢ § 40704 Hardrock AML Program – Unfunded by IIJA

5. S. 2431 – FY 26 Appropriations for Interior, EPA July 24, 2025, Voted 26 – 2 out of Committee: 453 “Repurposing”: To provide $764.5 Million for Interior’s Wildland Fire Management Program - $515 MILLION from IIJA Coal AML Funds - $250 MILLION from EPA’s State & Tribal Assistance Grants (STAG) - Not available for “Wildfire Suppression Operations”  

6. S. 2431 – FY 26 Appropriations for Interior, EPA 453 “Repurposing”: Wildland Fire Management Program Funds are Not available for “Wildfire Suppression Operations” - IIJA Coal AML Funds are used for Fire Suppression Projects - 2025 OSMRE National AML Reclamation Awards 3 of 5 went to Mine Fire Projects - Congress recognized Long Term Need to use AML Funds for Fire Suppression in the STREAM Act in 2022  

7. S. 2431 – FY 26 Appropriations for Interior, EPA 453 “Repurposing”: Wildland Fire Management Program Funds are Not available for “Wildfire Suppression Operations” - IIJA Coal AML Funds are used for Fire Suppression Projects - 2025 OSMRE National AML Reclamation Awards 3 of 5 went to Mine Fire Projects - Congress recognized Long Term Need to use AML Funds for Fire Suppression in the STREAM Act in 2022  

8. S. 2431 – FY 26 Appropriations for Interior, EPA 453 “Repurposing”: Wildland Fire Management Program Funds are Not available for “Wildfire Suppression Operations” - IIJA Coal AML Funds are used for Fire Suppression Projects - 2025 OSMRE National AML Reclamation Awards 3 of 5 went to Mine Fire Projects - Congress recognized Long Term Need to use AML Funds for Fire Suppression in the STREAM Act in 2022  

9. S. 2431 – FY 26 Appropriations for Interior, EPA 453 “Repurposing”: Wildland Fire Management Program Funds are Not available for “Wildfire Suppression Operations” - IIJA Coal AML Funds are used for Fire Suppression Projects - 3 of 5 OSMRE 2025 National AML Reclamation Awards went to Mine Fire Projects - Congress recognized Long Term Need to use AML Funds for Fire Suppression in the STREAM Act in 2022  

10. S. 2431 – FY 26 Appropriations for Interior, EPA Cost of 453 “Repurposing” $515 MILLION Pennsylvania’s Share (33.8388%) = $174.29 MILLION West Virginia’s Share (19.4479%) = $100.17 MILLION Ohio Share’s (6.4172%) = $33.05 MILLION Virginia’s Share (3.1490%) = $16.22 MILLION Maryland’s Share (0.6648%) = $3.42 MILLION  

11. S. 2431 – FY 26 Appropriations for Interior, EPA 453 “Repurposing” - In Addition: $67 MILLION is taken from IIJA AML Funds for the FY 2026 budget of Interior’s Office of Inspector General (OIG) - Part of this comes from Funding the IIJA gave OIG for Oversight of AML over the 15 year Life of the Program - OIG only received $56.5 MILLION, in total, under the IIJA - Part will have to come from Coal AML Funds - Will OIG be done with AML Oversight after FY 26?  

12. Coal AML Fee ? One Big Beautiful Bill Cut Royalties on Federal Coal from 12% to 7% More Help for Industry to Come ?

13. FY 26 AMLER Funding Senate Bill 2431 $130 Million – Total $28.67 Million ea. PA, WV, KY $11 Million ea. OH, VA, AL $3.67 Million ea. Crow, Hopi, Navajo House Bill $135 Million – Total $29.62 Million ea. PA, WV, KY $11.47 Million ea. OH, VA, AL $3.92 Million ea. Crow, Hopi, Navajo

14. Title V Coal Regulatory Funding Trend FY 14 – FY 21 FY 22 – FY 23 FY 24 – FY 25 $68.59 Million/Year $65 Million/Year $ 62.4 Million/Year

15. FY 26 Title V Coal Regulatory Funding Senate Bill 2431 $59.9 Million House Bill $66 Million President’s Budget $52.4 Million

16. Hardrock AML – IIJA § 40704 The IIJA Envisioned a $3 BILLION, 10 Year Hardrock AML Program Providing Annual Grants to States, Tribes & Federal Agencies The necessary Appropriation was Left Out of the IIJA Annual Appropriations by Congress : FY 22 $5 MILLION FY 23 $5 MILLION FY 24 $4.8 MILLION FY 25 $4.8 MILLION FY 26 House & Senate Bills Both Provide $4.8 MILLION

17. HR 1366 - Mining Regulatory Clarity Act 2022 9 th Circuit Decision - Rosemont Copper Mine Mining Claims under General Mining Law of 1872 Can’t be used for Millsites & Waste Rock Disposal HR 1366 Authorizes “Millsite” Claims Fees from Millsite Claims Dedicated to IIJA’s § 40704 Hardrock AML Program

18. 2025 IMCC – NAAMLP Hardrock AML Report

19. OSMRE Director Confirmed by Senate October 7, 2025 Lanny Erdos of Ohio Confirmed by a Vote of 51 – 47 in the Senate Sworn In – October 14, 2025

20. Tom Clarke Executive Director 437 A Carlisle Drive Herndon, Virginia 20170 703-709-8654 [email protected]