[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Senate]
[Pages S2156-S2157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Salazar, Mr. 
        Allard, and Mr. Bennett):
  S. 2779. A bill to amend the Surface Mining Control and Reclamation 
Act of 1977 to clarify that uncertified States and Indian tribes have 
the authority to use certain payments for certain noncoal reclamation 
projects: to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise to introduce a bill important to 
public health and safety and the environment in the West. This 
legislation addresses a recent interpretation by the Department of the 
Interior, DOI, which restricts the ability of states to use certain 
funds under the Abandoned Mine

[[Page S2157]]

Land, AML, Program authorized by the Surface Mining Control and 
Reclamation Act, SMCRA, for non-coal mine reclamation.
  The Tax Relief and Health Care Act of 2006 contained amendments to 
SMCRA reauthorizing collection of an AML fee on coal produced in the 
U.S. and making certain modifications to the AML program. Under this 
program, which is administered by DOI, funds are expended to reclaim 
abandoned mine lands, with top priority for protecting public health, 
safety, general welfare, and property and restoration of land and water 
resources adversely affected by past mining practices. The program is 
largely directed to abandoned coal mine reclamation, but under section 
409 of SMCRA, limited funds have been available to address non-coal 
mine sites.
  Unfortunately, the Department of the Interior has interpreted the 
amendments in a manner that limits the ability of western states to use 
certain funds under SMCRA to address significant problems relating to 
non-coal abandoned mines, despite the fact that these funds had 
previously been available for these purposes.
  Section 409 of SMCRA, provides that states may address public health 
and safety hazards at abandoned mine sites, both coal and non-coal. 
Western states such as New Mexico, Colorado, and Utah, have prioritized 
the use of AML funds to undertake the most pressing reclamation work on 
both coal and non-coal mine sites. While activities on non-coal sites 
have consumed a relatively insignificant portion of the funding 
provided for the overall AML program, the results in terms of public 
health and safety in these states is considerable, and there is 
significant work yet to be done. For example, New Mexico alone has over 
15,000 remaining mine openings with a vast majority of these being non-
coal. All AML-related fatalities in the State in the last few decades 
have been at non-coal mine sites.
  I disagree with this interpretation by DOI. This result was not the 
intention of those of us working on the SMCRA amendments, and I believe 
the interpretation is in error. First, OSM's interpretation disregards 
the fact that section 409 was left unamended by the Congress. 
Furthermore, this interpretation is inconsistent with assurances 
repeatedly given to us by OSM during the consideration of the 
legislation that non-coal work could continue to be undertaken with 
these AML funds. Finally, the interpretation has the unacceptable 
result of requiring states to devote funds to low priority coal sites 
while leaving dangerous non-coal sites unaddressed.
  The bill that I am introducing today would correct this problem by 
modifying the language of SMCRA to clarify that the funding would be 
available for noncoal reclamation as it was prior to the passage of the 
amendments in 2006. Under the bill, western, non-certified States could 
continue to use the payments comprising their so-called previously 
unappropriated state share balances for noncoal reclamation.
  I hope that my colleagues will support this legislation, which has 
important implications for abandoned mine clean-up in the West.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2779

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ABANDONED MINE RECLAMATION.

       (a) Limitation on Funds.--Section 409(b) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1239(b)) is amended by inserting ``or section 411(h)(1)'' 
     after ``section 402(g)''.
       (b) Use of Funds.--Section 411(h)(1)(D)(ii) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1240a(h)(1)(D)(ii)) is amended by inserting ``or 409'' after 
     ``section 403''.
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