Revitalize, Enhance, and Nurture in Expanded Ways Our Abandoned Mine Lands Act or the RENEW Our Abandoned Mine Lands Act
This bill authorizes grants for states and Indian tribes to carry out reclamation projects on mining sites if there is a shortfall between the actual cost of reclamation and the value of any performance bonds forfeited by coal mining operators. The bill also phases out certain cost-sharing requirements for existing grants that support the development of state and tribal programs for regulating surface mining and reclamation.
Current law requires mining operators to reclaim land affected by their operations and demonstrate, through a performance bond, that they have adequate financial resources to carry out the reclamation. If the operator fails to complete the reclamation, the bond is forfeited to the state or tribal regulatory authority to cover reclamation costs.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7937 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7937
To direct the Secretary of the Interior, acting through the Office of
Surface Mining Reclamation and Enforcement, to establish a program to
facilitate coal mine reclamation and award grants to certain States and
Indian Tribes to carry out coal mine reclamation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2022
Mr. Lamb (for himself and Mr. Michael F. Doyle of Pennsylvania)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior, acting through the Office of
Surface Mining Reclamation and Enforcement, to establish a program to
facilitate coal mine reclamation and award grants to certain States and
Indian Tribes to carry out coal mine reclamation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalize, Enhance, and Nurture in
Expanded Ways Our Abandoned Mine Lands Act'' or the ``RENEW Our
Abandoned Mine Lands Act''.
SEC. 2. AMENDMENTS TO THE SURFACE MINING CONTROL AND RECLAMATION ACT.
(a) Coal Mine Reclamation Program.--Title V of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended
by adding at the end the following:
``SEC. 530. OSMRE COAL MINE RECLAMATION PROGRAM.
``(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish a program--
``(1) to help ensure the Office of Surface Mining
Reclamation and Enforcement has sufficient funds to carry out
covered reclamation projects; and
``(2) to award grants to States and Indian tribes to carry
out covered reclamation projects.
``(b) Grant Program.--
``(1) In general.--The Secretary may award grants under
this section to States and Indian tribes to carry out covered
reclamation projects.
``(2) Priority.--In awarding grants under this section, the
Secretary shall allocate grant funds based on need.
``(3) Additional criteria.--To be eligible for a grant
under this section--
``(A) a State or Indian tribe shall maintain State
bonding requirements approved under section 503 that
are not less stringent than the bonding requirements of
such State on the date of enactment of this section;
``(B) if the Secretary determines appropriate, a
State or Indian tribe shall address deficiencies in its
approved alternative bonding system on permitted coal
mines;
``(C) an Indian tribe shall have an approved
regulatory program pursuant to this title and section
710;
``(D) a State or Indian tribe shall demonstrate--
``(i) the use of all available legal
remedies to the extent practicable to recover
reclamation costs from responsible persons
liable under this Act, including corporate
parents, owners, and executives;
``(ii) with respect to the use of such
grant funds, requirements for--
``(I) active coal mines within its
jurisdiction to reclaim surface areas
as contemporaneously as practicable
with surface coal mining operations
pursuant to the purposes of this Act;
``(II) coal mine reclamation within
its jurisdiction to be carried out
according to approved reclamation
plans;
``(III) compliance with the Clean
Water Act (33 U.S.C. 1251 et seq.); and
``(IV) payments of wages not less
than those prevailing on similar
projects in the locality, for all
laborers and mechanics employed by
contractors or subcontractors in the
performance of construction,
alteration, or repair work on a project
assisted in whole or in part by funding
made available under this section, as
determined by the Secretary of Labor in
accordance with subchapter IV of
chapter 31 of title 40, United States
Code (commonly referred to as the
``Davis-Bacon Act'');
``(iii) the aggregation of reclamation
projects when practicable to improve economies
of scale; and
``(iv) active facilitation of community
engagement in the design and oversight of
reclamation projects; and
``(E) meet such additional requirements as the
Secretary determines appropriate.
``(4) Application.--
``(A) Annual requirement.--The Secretary shall
require, from each State or Indian tribe applying for
grant funds under this section, an application for each
fiscal year.
``(B) Projected shortfall.--Each application shall
include the following information:
``(i) For a State applicant, the projected
annual shortfall in funding for reclamation
with respect to all coal mines where the State
forfeited a reclamation bond.
``(ii) For an Indian tribe applicant, the
projected annual shortfall in funding for
reclamation with respect to all coal mines
where the Indian tribe forfeited a reclamation
bond.
``(c) Authorization of Appropriations.--
``(1) In general.--In addition to amounts otherwise
available, there is authorized to be appropriated to the
Secretary $385,000,000 for each of fiscal years 2023 through
2032 to carry out this section.
``(2) Administrative costs.--Of the amounts made available
under this section, the Secretary may use $1,000,000 each
fiscal year for the costs of administering this section.
``(d) Definitions.--In this section:
``(1) Covered reclamation project.--The term `covered
reclamation project'--
``(A) means a coal mine reclamation project on a
site where a performance bond was forfeited and found
to be insufficient; and
``(B) includes reclamation projects--
``(i) involving lands or waters mined for
coal under a permit under this Act that were
subject to permit revocation and bond
forfeiture pursuant to section 800.50 of title
30, Code of Federal Regulations, (or its
equivalent in an approved State or Tribal
program); and
``(ii) where there is a shortfall between
the actual cost of reclamation, including long-
term water treatment, and the value of any
forfeited bonding instrument.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Office of Surface Mining
Reclamation and Enforcement.
``(e) Termination.--The program established under subsection (a)
shall terminate on September 30, 2032.''.
(b) Grants to the States.--Section 705(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1295(a)) is amended to
read as follows:
``(a) The Secretary is authorized to make annual grants to any
State for the purpose of assisting such State in developing,
administering, and enforcing State programs under this Act. Except as
provided in subsection (c)--
``(1) through fiscal year 2022, such grants shall not
exceed 80 percent of the total costs incurred during the first
year, 60 percent of total costs incurred during the second
year, and 50 percent of the total costs incurred during each
year thereafter;
``(2) for fiscal year 2023 and 2024, such grants shall not
exceed 75 percent of the total costs incurred during each year;
and
``(3) for fiscal year 2025 and thereafter, such grants
shall not exceed 100 percent of the total costs incurred during
each year.''.
(c) Clerical Amendment.--The table of contents for the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is
amended by inserting after the item relating to section 529 the
following:
``Sec. 530. OSMRE coal mine reclamation program.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on Energy and Mineral Resources.
Subcommittee Hearings Held.
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