RENEW Our Abandoned Mine Lands Act
Bill: H.R.7937 | Sponsor: Rep. Lamb, Conor (D-PA)
Policy area: Environmental Protection

Summary:
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.

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.''.
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