To amend the Surface Mining Control and Reclamation Act of 1977 to reauthorize the collection of reclamation fees, and for other purposes.
Abandoned Mine Reclamation Act of 1989 - Amends the Surface Mining Control and Reclamation Act of 1977 to mandate that certain reclamation fees and earned interest be used as funding sources for the Abandoned Mine Reclamation Fund. Permits the annual transfer of certain moneys in the Fund to the Secretary of Agriculture for the reclamation of rural lands.
Directs the Secretary of the Interior (the Secretary) to credit to the Fund any income derived from investment of Fund money in certain public debt securities.
Extends from August 3, 1992, to September 30, 2007, the termination date for authority to collect reclamation fee payments.
Mandates that specified documentation accompany the quarterly fee payments, including: (1) identification of certain interested parties and facilities; and (2) the mine safety and health identification number.
Directs the Secretary to: (1) conduct audits of coal production and fee payments; and (2) notify the Federal agency responsible for insuring compliance with the Black Lung Disability Trust Fund payments schedule whenever the Secretary believes that full fee payments have not been made.
Revises the guidelines for the allocation of funds among States and Indian tribes having an approved abandoned mine reclamation program. Directs the Secretary to allocate up to ten percent of certain remaining unallocated and unexpended funds for reclamation or drainage abatement activities on inadequately reclaimed sites adversely affected by coal mining operations: (1) which occur during a specified period when drainage funds are insufficient; or (2) the operator's surety became insolvent and drainage funds are insufficient. Authorizes a grantee State to deposit a certain amount of its grant into an interest-bearing State trust fund for acid mine drainage abatement and treatment purposes. Includes within the purview of eligible statutory reclamation projects any utility and other public facility adversely affected by coal mining practices (including contaminated water, supplies, roads, and bridges).
Directs the Secretary to: (1) maintain an annually updated inventory of lands and water eligible for reclamation or drainage abatement expenditures; and (2) provide technical and financial assistance to States and Indian tribes to enable them to update such inventory.
Declares that no State, except in cases of gross negligence or intentional misconduct, shall incur Federal liability in connection with activities implementing an approved abandoned mine reclamation plan.
Revises the guidelines under which the Secretary may fill voids and seal mine openings which constitute a public health and safety hazard.
Requires the Secretary to ensure that funds used for emergency reclamation activities abate all adverse effects of coal mining practices existing at the affected project.
Sets forth a modified reclamation fee schedule pertaining to coal mining operations certified by States and Indian tribes as having achieved the reclamation purposes of this Act. Prohibits certification from taking place until after 1992, and precludes the Secretary from concurring with modified fees if, subsequent to a motion made by a certain State or Indian tribes, it is determined that modified fees would result in a significant competitive disadvantage in coal marketing and production for the entity making the motion. Sets forth the eligibility criteria for grants for lands, waters and facilities in such certified regions.
Increases from 100,000 to 300,000 tons the annual tonnage production limits of small coal surface mining operators eligible for certain Federal technical assistance in determining the probable hydrologic consequences of operations and the results of test borings or core samplings required for permit applications.
Establishes the Abandoned Minerals and Mineral Materials Mine Reclamation Fund (to be administered by the Secretary acting through the Director of the Office of Surface Mining Reclamation and Enforcement) for the reclamation and restoration of land and water resources adversely affected by past minerals and mineral materials mining. Sets forth the Fund's expenditure priorities. Identifies as eligible areas those which: (1) were adversely affected by mining practices and left in an inadequate reclamation status; and (2) do not fall under any continuing reclamation responsibility under either State or Federal laws. Sets forth Fund allocation and expenditure guidelines. Authorizes appropriations and specifies the Fund's termination date.
Directs the Secretary to promulgate environmental standards and enforcement procedures for abandoned coal mine reclamation projects funded under this Act.
Measure Signed in Senate.
Subcommittee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Interior and Insular Affairs. H. Rept. 101-294.
Reported (Amended) by the Committee on Interior and Insular Affairs. H. Rept. 101-294.
Placed on the Union Calendar, Calendar No. 187.
Mr. Rahall moved to suspend the rules and pass the bill, as amended.
Mr. Craig demanded a second on the motion to suspend the rules.
Considered under suspension of the rules.
On ordering a second Agreed to without objection.
DEBATE - The House proceeded with forty minutes of debate.
Yeas and Nays were ordered. Further proceedings on the motion were postponed.
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Considered as unfinished business.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as Agreed to by the Yeas and Nays: (2/3 required): 281 - 63 (Roll no. 297).
Roll Call #297 (House)On motion to suspend the rules and pass the bill, as Agreed to by the Yeas and Nays: (2/3 required): 281 - 63 (Roll no. 297).
Roll Call #297 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Energy and Natural Resources.
Referred to Subcommittee on Mineral Resources Development.
Committee on Energy and Natural Resources requested executive comment from Department of the Interior, and Office of Management and Budget.
See H.R.5835.