OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

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COALEX INQUIRY REPORT - 301

October 1994

Sylvia Wilcox, Esquire

Department of Natural Resources

Division of Reclamation

402 West Washington Street

Indianapolis, Indiana 46204

TOPIC: LEGISLATIVE HISTORY OF 1989-90 AML LEGISLATION 

INQUIRY: Please locate legislative history material on the 1989 AML bills and the 1990 

AML Act which discusses the justification for reclamation fees. 

SEARCH RESULTS: Using LEXIS, Congressional Record and related materials were 

identified that discuss the background, need and purpose of the AML Fund. These 

discussions should provide you with the justification for assessing reclamation fees. 

Excerpts from several legislative items and the implementing OSM rules published in 

the Federal Register appear below. Copies of all of the items listed are attached. 

1. CONGRESSIONAL RECORD, 135 Cong Rec H 7335 (October 23, 1989). Debate 

on H.R. 2095, Abandoned Mine Reclamation Act of 1989.

Comments of Mr. Rahall:

"H.R. 2095 would make a number of improvements to the existing program. Perhaps 

the most noteworthy is the legislation's focusing of the program's resources to 

combating the most high priority abandoned coal mine reclamation projects.

...

"This legislation also proposes a number of new initiatives....the legislation explicitly 

recognizes the severe public health hazard associated with water supplies 

contaminated by abandoned coal mine workings...H.R. 2095 acknowledges the need to 

engage in the comprehensive abatement and treatment of acid mine drainage...through 

a new subtitle to title IV, the bill would establish an abandoned minerals and mineral 

materials mine reclamation fund. 

"This is in recognition of the fact that abandoned noncoal mines can pose the same

types of health, safety and environmental hazards as do abandoned coal mines."

2. H.R. REP. 294 (H.R. 2095), 101st Cong, 1st Sess (1989).
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An Unfulfilled Promise (p. 18):

"The need for H.R. 2095, as amended, is premised on the large inventory of abandoned 

coal mine reclamation projects which would not be addressed after the obligation of 

reclamation fees received through the August 3, 1992, expiration date for fee collection. 

The Office of Surface Mining Reclamation and Enforcement estimates that over $4 

billion worth of high priority abandoned coal mine reclamation projects would go 

unfunded. This estimate does not include the entire scope of the abandoned coal mine 

land situation as the National AML Inventory, maintained by the agency, is based 

almost entirely on priority 1 and 2 sites." 

"In addition, the General Accounting Office estimates there are approximately $100 

million worth of 'interim program' abandoned sites in West Virginia and Pennsylvania 

alone.... Testimony has also been presented to the Committee which indicates there are 

over 31,000 acres of unreclaimed land at more than 800 mining sites in 16 states where 

the mining company was affected by a surety bankruptcy during the 'interim' program 

period."

See the Report for additional descriptions of "Need".

Also see these items: 

3. CONGRESSIONAL RECORD, 135 Cong Rec E 1337, 101st Cong, 1st Sess (April 

25, 2989). Extension of remarks. Introduction of H.R. 2095 by Mr. Rahall.

4. CONGRESSIONAL RECORD, 135 Cong Rec E 2423, 101st Cong, 1st Sess (June 

29, 1989). Extension of remarks by Mr. Boucher.

5. BILL TRACKING REPORT, 101 Bill Tracking H.R. 2095.

6. CONGRESSIONAL RECORD, 136 Cong Rec S 17512, 101st Cong, 2nd Sess 

(October 27, 1990). AML Reauthorization. Comments of Mr. McClure.

7. CONGRESSIONAL RECORD, 135 Cong Rec S 2720, 101st Cong, 1st Sess 

(March 15, 1989). Introduction of S. 599 by Mr. Heinz. [S. 599 was a bill to discontinue 

assessment of reclamation fees for certain reclaimed coal.]

8. CONGRESSIONAL RECORD. 135 Cong Rec S 5006, 101st Cong, 1st Sess (May 

9, 1989). Introduction of S. 943 by Mr. McConnell. [S. 943 proposed to amend SMCRA 

to facilitate use of aml fund money to replace contaminated or diminished water 

supplies.]

9. BILL TRACKING REPORT, 101 Bill Tracking H.R. 5835. Budget reconciliation.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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10. CONGRESSIONAL RECORD, 136 Cong Rec H 10107, 101st Cong, 2nd Sess 

(October 16, 1990). Text of H.R. 5835, Omnibus Budget Reconciliation Act of 1990.

11. CONGRESSIONAL RECORD, 136 Cong Rec H 12423, 101st Cong, 2nd Sess 

(October 26, 1990). 

12. CONFERENCE REPORT, H. Rep 964, of H.R. 5835. (2 items)

13. 59 FR 28136 (MAY 31, 1994). Final rule. AML Fund reauthorization 

implementation.

The rules implement amendments made to Title IV of SMCRA by the Omnibus Budget 

Reconciliation Act of 1990 (November 5, 1990) which included the Abandoned Mine 

Reclamation Act of 1990, as amended (AMRA), and by the Energy Policy Act of 1992 

(October 24, 1992).

"Besides extending the authority to collect reclamation fees, the amendments to Title IV 

contain several other significant provisions as follows:

"The amendments concentrate a greater amount of resources toward combating the 

highest priority abandoned coal mine reclamation projects. This goal is accomplished by 

allocating forty percent of the Federal share of funds to program States and Indian 

tribes until they complete all of their priority 1 and 2 abandoned coal mine reclamation 

projects.

"The new provisions also provide additional resources to combat abandoned coal mine 

hazards by enabling interest to accrue to amounts in the AML Fund and by 

strengthening reclamation fee collection and auditing authority.

"The legislation also recognizes the severe hazards to public health and safety caused 

by water supplies contaminated by past mining practices.

"The new amendments allow States and Indian tribes to establish comprehensive acid 

mine drainage programs to combat the devastating effects on land, water and quality of 

life in areas affected by acid mine drainage.

"The new provisions allow States and Indian tribes to address high priority coal sites 

abandoned after enactment of the 1977 Act. Sites which were abandoned prior to a 

State receiving primacy pursuant to Title V of SMCRA, or which remain unreclaimed 

due to the insolvency of a surety company, cannot be addressed with Title IV funds.

"The new legislation provides for a specific allocation of collected fees from which funds 

may be transferred annually to the Department of Agriculture to administer RAMP under 

Section 406 of SMCRA."
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