[Congressional Record Volume 157, Number 60 (Thursday, May 5, 2011)]
[Senate]
[Page S2737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Bennet, Mr. Udall of Colorado, 
        Mr. Udall of New Mexico, and Mr. Lee):
  S. 897. 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 non-coal reclamation 
projects and acid mine remediation programs; 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. 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 abandoned mine 
reclamation and for the remediation of acid mine drainage. This bill is 
identical to legislation that was reported by voice vote by the Senate 
Committee on Energy and Natural Resources last Congress.
  Amendments to SMCRA, passed as part of the Tax Relief and Health Care 
Act of 2006, Pub. L. No. 109-432, reauthorized collection of an AML fee 
on coal produced in the United States and made certain modifications to 
the AML program. The amendments also provided that so-called ``make-
up'' funds, amounts that had accrued to the states and tribes for 
several years under the formula in SMCRA but had not been previously 
appropriated, be paid out to the states and tribes over a period of 
years as mandatory payments.
  Under the AML 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 beginning in 1977 when SMCRA was first enacted, 
funds have been available pursuant to section 409 to address abandoned 
non-coal mine sites. A review of the legislative history of this 
provision and the long-standing administrative interpretation of 
section 409 reveals that the section is intended to address ``non-coal 
mine reclamation'' on abandoned mine lands.
  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 abandoned coal and non-coal mine sites. While 
activities on non-coal mine 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.
  Similarly, the use of AML funds for remediation of acid mine drainage 
has been important in many areas, especially in the Appalachian states, 
such as Kentucky, Pennsylvania, and West Virginia. Until enactment of 
the 2006 amendments to SMCRA, states and tribes with approved AML 
programs had been able to set aside up to 30 percent of their AML funds 
for acid mine drainage remediation without respect to time limitations 
that would otherwise apply.
  In 2007, the Solicitor at the Department of the Interior interpreted 
the amendments as limiting the ability of uncertified states and tribes 
to use the ``make-up'' AML funds for priority non-coal abandoned mine 
reclamation and acid mine drainage set-aside programs. See Memorandum 
Opinion M-37014. The Solicitor found that these make-up funds cannot be 
used for priority non-coal mine reclamation in the case of states and 
tribes that had not certified completion of their coal reclamation work 
and likewise cannot be used for acid mine drainage set-aside programs.
  The bill that I am introducing today would correct what I believe is 
an unfortunate and unintended interpretation of the 2006 amendments by 
modifying the language of SMCRA to clarify that the funding would be 
available for non-coal abandoned mine reclamation and acid mine 
drainage set-aside programs as it was prior to the passage of the 
amendments in 2006.
  I want to underscore that the bill does not increase funding to the 
states and tribes. It simply clarifies that states and tribes can have 
flexibility to use AML funds that they receive under existing law for 
these two important uses, as was the case prior to the 2006 amendments. 
I hope that my colleagues will support this legislation, which has 
important implications nationwide.
  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. 897

       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) Reclamation Fee.--Section 402(g)(6)(A) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(g)(6)(A)) is amended by inserting ``and section 
     411(h)(1)'' after ``paragraphs (1) and (5)''.
       (b) Filling Voids and Sealing Tunnels.--Section 409(b) of 
     the Surface Mining Control and Reclamation Act of 1977 (30 
     U.S.C. 1239(b)) is amended by inserting ``and section 
     411(h)(1)'' after ``section 402(g)''.
       (c) 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 striking ``section 403'' 
     and inserting ``section 402(g)(6), 403, or 409''.
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