Congress Promised Coal Country $11.3 Billion to Clean Up Its Mines. It Just Took Back $500 Million.
Summary
The 2021 infrastructure law set aside $11.293 billion for abandoned coal mine cleanup, paid out in 15 equal annual installments. Before a dollar of the fiscal 2026 installment went out, Congress's own appropriations act clawed back $500 million of what was left. The fund's older revenue stream — a fee on every ton of coal mined since 1978 — is meanwhile sitting on $2.93 billion it hasn't been allowed to spend.
A 15-year installment plan, cut in year five
The Infrastructure Investment and Jobs Act (, P.L. 117-58), enacted in November 2021, authorized $11.293 billion in new money for the Abandoned Mine Land Reclamation Fund — on top of the coal-fee fund SMCRA had already been running since 1978. The law specified how the money would move: eligible states and tribes would receive it in 15 equal annual installments, FY2022 through FY2036, each state's and tribe's share fixed by its historic coal production before August 1977. After the 's own directed reductions, the distributable total was $10.87 billion, and the first four installments — FY2022 through FY2025 — paid out at approximately $725 million a year, per OSMRE's own accounting of the law.
That schedule changed this year. The Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026 repurposed $500 million of the money still owed under the formula. OSMRE's public guidance spells out the mechanical result: starting in FY2026, each of the 11 remaining annual installments is cut by $45,454,546 — from $725 million to approximately $679.5 million — for every year through 2036. States and tribes already guaranteed the program's $20 million lifetime minimum are unaffected; every other state and tribe's share shrinks by the same proportion, calculated the same way the original distribution was: by each state's or tribe's share of historic coal production.
View data as table
| FY2022–FY2025, per year | $725.0M | OSMRE, IIJA distribution formula |
|---|---|---|
| FY2026–FY2036, per year | $679.5M | after $500M repurposed by FY2026 Interior approps. act |
Nothing about the underlying inventory of abandoned mines changed between FY2025 and FY2026. What changed is that a different appropriations act, covering an unrelated set of agencies, needed money and found $500 million of it already sitting inside a 15-year formula nobody was scheduled to touch again until 2036.
The older fund's money isn't moving fast either
The money is new. The fund it sits alongside is not: SMCRA's original AML Fee-based Reclamation Fund, financed by a per-ton fee on coal production, has been collecting money since 1978. As of September 30, 2025, it had collected $14.233 billion in fees and interest, per OSMRE's own quarterly status report. Of that total, only $11.302 billion — 79% — has ever been appropriated for use. The remaining $2.931 billion, 21% of everything the industry has ever paid into this fund, sits unappropriated, invested in Treasury securities, waiting on a future appropriations act to release it.
Even the money that has been appropriated doesn't all reach a mine site. Of the $11.302 billion appropriated, $6.569 billion — 58% — went out as reclamation grants to states and tribes. The rest split between two other uses: $2.302 billion transferred to United Mine Workers of America health and retirement funds, and $2.431 billion spent on OSM's own operating expenses and emergency federal reclamation projects in states without an active AML program.
View data as table
| Total fees + interest collected | $14.233B | as of Sept. 30, 2025 |
|---|---|---|
| Paid to states/tribes as reclamation grants | $6.569B | 58% of the appropriated $11.302B |
| OSM operations & emergencies | $2.431B | |
| Transferred to UMWA health & retirement funds | $2.302B | |
| Unappropriated, invested in Treasury securities | $2.931B | 21% of total collected |
A related, smaller program shows the same friction downstream. The Abandoned Mine Land Economic Revitalization (AMLER) program, which pairs reclamation with economic development grants, received nearly $1 billion in appropriations from FY2016 through FY2023. As of GAO's June 2024 review, recipients had spent only about 29% of it — attributed the gap largely to how long OSMRE takes to review project proposals, citing one Virginia project that sat under review for more than 1,100 days before the applicant withdrew it, tying up $1.6 million the whole time.
What the money is supposed to buy
The dollar figures translate into two things: hazard removal and jobs. Ohio River Valley Institute researcher Eric Dixon's 2021 analysis modeled what a sustained national cleanup pace would support in jobs. In the report's medium scenario — reclamation funded at $1.3 billion a year for a decade, clearing roughly half of the estimated remaining damage by 2030 — the direct work alone would support 3,114 construction jobs, 3,286 state and tribal agency design and administration jobs, and 478 federal OSMRE jobs every year. Add the induced and indirect jobs the spending would support in equipment manufacturing and local economies — an estimated 10,384 more — and the total comes to 17,293 jobs supported annually.
View data as table
| Construction jobs | 3,114 | per year, medium scenario |
|---|---|---|
| State/tribal agency jobs | 3,286 | per year, medium scenario |
| OSMRE jobs | 478 | per year, medium scenario |
| Induced & indirect jobs | 10,384 | per year, medium scenario |
| Total jobs supported annually | 17,293 | at $1.3B/year, 2021-2030 |
That scenario assumed $1.3 billion a year in combined national AML spending. The track alone now provides $679.5 million a year — about half that pace — on top of whatever the older fee-based fund pays out in a given year, which varies with coal production and isn't fixed in the same way. The report's own point was that funding certainty, not just funding size, is what lets state agencies and contractors plan a multi-year construction pipeline and hire toward it. A formula that can lose $500 million to an unrelated appropriations bill mid-program is the kind of uncertainty the report warned would undercut exactly that.
The takeaway
- A 15-year, formula-locked distribution still got cut mid-schedule. The set aside $11.293 billion specifically so states could plan reclamation work over 15 years without annual funding fights. The FY2026 Interior appropriations act took $500 million of it anyway, lowering every remaining year's payment through 2036.
- The older fund's problem isn't collection — it's release. The coal industry has paid $14.233 billion into the AML Fee-based Reclamation Fund since 1978. A fifth of that money, $2.931 billion, has never been appropriated for use at all.
- Slow review costs money as surely as a formal cut does. found the AMLER program spent only 29% of nearly $1 billion appropriated over eight years, citing OSMRE review timelines as long as three years for a single project.
- The jobs case for full funding is real, but it assumes a pace the program isn't currently funded to hit. An independent 2021 estimate put annual job support at 17,293 for a $1.3 billion-a-year cleanup — nearly double the $679.5 million a year the track now provides.
Figures for the distribution and the AML Fee-based Reclamation Fund come directly from OSMRE's own public accounting and are current as of the dates cited. The jobs estimate is a 2021 independent scenario analysis, not a government forecast or a measurement of jobs actually created; it is included to show the scale of work the funding gap represents, not as a claim about current employment.
Sources
- Office of Surface Mining Reclamation and Enforcement — What does the Infrastructure Investment and Jobs Act mean for OSMRE's AML Program? — the $11.293 billion authorization, the 15-year equal-installment schedule, and the FY2026 $500 million repurposing that cut annual distributions from $725 million to approximately $679.5 million. osmre.gov/iija
- Office of Surface Mining Reclamation and Enforcement — Status of the Abandoned Mine Land Reclamation Fund (AML Fund) for the AML Fee-Based Reclamation Program, Sept. 30, 2025 — cumulative fee collections, appropriated vs. unappropriated balances, and the breakdown of where appropriated money has gone. osmre.gov
- Office of Surface Mining Reclamation and Enforcement — OSM Announces Nearly $679.4 Million to Reclaim Abandoned Coal Mines, May 18, 2026 — the first grant distribution made under the reduced FY2026 formula. osmre.gov
- U.S. Government Accountability Office — Abandoned Mine Land: Opportunities Exist to Improve Interior's Economic Revitalization Program for Coal Communities (-24-106680), June 20, 2024 — the AMLER program's 29% spend rate on nearly $1 billion appropriated FY2016–FY2023, and the OSMRE review-timeline example. gao.gov
- Eric Dixon, Ohio River Valley Institute — Repairing the Damage: Cleaning up the land, air, and water damaged by the coal industry before 1977, April 2021 (Version 1.1) — the independent scenario analysis of jobs supported by a sustained national AML cleanup pace. ohiorivervalleyinstitute.org
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Before 1977, nobody had to clean up after a coal mine. The Surface Mining Control and Reclamation Act (SMCRA) changed that going forward and also created a fund to fix what was left behind — open shafts, unstable highwalls, streams running orange with acid mine drainage — financed by a fee assessed on every ton of coal mined since. That fund still hasn't finished the job, so in 2021 Congress added a second, much larger revenue stream on top of it. Both now run through the same federal office, and both illustrate the same thing: how a dedicated trust fund's money moves from a fee or an appropriation to an actual reclaimed mine site, and how many places along that path the money can be slowed, redirected, or left to sit.