I
106TH CONGRESS
1ST SESSION
H. R. 3062
To provide grants to States for programs for the reemployment of laid
off miners in reclamation work.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 1999
Mr. WISE introduced the following bill; which was referred to the Committee
on Resources, and in addition to the Committee on Education and the
Workforce for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide grants to States for programs for the
reemployment of laid off miners in reclamation work.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coal Miner Environ-
mental Impact Assistance Act of 1999’’.
SEC. 2. GRANTS TO ENHANCE THE EMPLOYMENT OF MIN-
ERS.
(a) IN GENERAL.—The Governor of a State with an
approved abandoned mine reclamation program under sec-
tion 405 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1235) shall establish a program
to provide for the employment of coal miners who have
either temporarily or permanently been laid off in such
State as a result of the application of—
(1) environmental statutes,
(2) environmental regulations,
(3) environmental policy directives, or
(4) court orders,
directly relating to the mining of coal.
(b) SCOPE OF PROGRAM.—
(1) GRANTS.—The program established under
subsection (a) shall consist of employing those min-
ers referred to in such subsection with grants re-
ceived by a State pursuant to section 402(g)(1) of
the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(g)(1)) in the reclamation of
eligible abandoned coal mined lands as set forth in
title IV of such Act.
(2) DAVIS-BACON.—All laborers and mechanics
employed by a contractor or subcontractor in the
performance of construction, repair, or alteration
work funded in whole or in part under the grants re-
ferred to in paragraph (1) shall be paid wages at not
less than those prevailing on projects of a character
similar in the locality as determined by the Sec-
retary of Labor in accordance with the Act of March
3, 1931 (40 U.S.C 276a et seq.) (commonly referred
to as the ‘‘Davis-Bacon Act’’). The Secretary of the
Interior may not approve a grant under paragraph
(1) without first obtaining adequate insurance that
required labor standards, including application of
the Davis-Bacon Act, will be maintained.
(c) PREEMPTION.—
(1) IN GENERAL.—A State referred to in sub-
section (a) may not enact or enforce a law, regula-
tion, or other provision having the force and effect
of law in contradiction of the provisions of sub-
sections (a) and (b) unless a certification is made
under paragraph (2).
(2) CERTIFICATION.—The Governor of a State
referred to in subsection (a) may certify to the Sec-
retary of the Interior that conditions exist in such
State which do no warrant the establishment of the
program referred to in such subsection. The Sec-
retary, after notice in the Federal Register and op-
portunity for public comment, shall concur with such
certification if the Secretary determines that such
certification is correct.
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