Statements on Introduced Bills and Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

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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.

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