[Congressional Record Volume 155, Number 178 (Thursday, December 3, 2009)]
[Senate]
[Pages S12324-S12325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Hatch, Mr. Bennett, Mr. Udall 
        of New Mexico, Mr. Udall of Colorado, and Mr. Bennet):
  S. 2830. 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 an interpretation by the Department of the 
Interior, DOI, which restricts the ability of States to use certain 
funds under the Abandoned Mine 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, funds have been available to address non-
coal mine sites.
  Pursuant to a Memorandum Opinion, M-37014, issued by the DOI's 
Solicitor on December 5, 2007, the Department 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. This is in spite of the fact that these funds 
had previously been available for these purposes. In accordance with 
section 409 of SMCRA, 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. Uranium mine reclamation is a 
particular priority in New Mexico. All AML-related fatalities in New 
Mexico in the last few decades have been at non-coal mine sites.
  The bill that I am introducing today would correct what I believe is 
an unfortunate interpretation of the 2006 Amendments by modifying the 
language of SMCRA to clarify that the funding would be available for 
non-coal reclamation as it was prior to the passage of the amendments 
in 2006. Under the bill, which makes a conforming change to sections 
409 and 411 of SMCRA, western, non-certified States

[[Page S12325]]

could continue to use their State share balances, including amounts 
comprising their so-called previously unappropriated State share 
balances, for non-coal 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. 2830

       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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