Bingaman & Domenici Bill Would Reinstate Funding to Clean Up Dangerous Non-Coal Mining Sites

Press Release

U.S. Senators Jeff Bingaman and Pete Domenici voted today to pass legislation that would resume the availability of funding for tribes and states to reclaim abandoned non-coal surface mining sites.

Bingaman sponsored and Domenici cosponsored legislation (S. 2779) to amend the Surface Mining Control and Reclamation Act (SMCRA) to explicitly clarify that certain Abandoned Mine Land (AML) funding may be used in non-coal mine sites at the discretion of a tribe or state.

The AML fund was established by Congress in the original SMCRA in 1977 to reclaim, or rehabilitate, abandoned mining lands, which pose serious threats to public health and safety, private property, water resources, and the environment. These funds were available to reclaim both coal and non-coal mine sites until a December 2007 ruling by the Department of the Interior restricted a significant portion of the funds to only coal sites. This measure would correct that misinterpretation.

For New Mexico and several other Western states, abandoned non-coal mining sites pose a far greater risk to the public and the environment than abandoned coal mining sites. The restriction of reclamation funding hindered the ability of states and tribes to restore these dangerous high-priority sites from the adverse effects of mining.

"The availability of funding for non-coal mine reclamation is necessary for the safety of New Mexicans and the preservation of our natural resources. It is my hope that we can pass this necessary bill into law this session," Bingaman said.

"By approving this bill, the committee is moving to expand the ability of tribes and states to undertake surface mine reclamation activities. I believe this is the right thing to do and I hope we can get this bill through Congress this year," Domenici said.

The bill can now be considered by the full Senate.

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