RECLAIM Act

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The RECLAIM Act (Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act) was simultaneously introduced in the U.S. Senate and U.S. House of Representatives on March 27, 2017 by Senator Mitch McConnell (R-KY) and Representative Hal Rogers (R-KY-5). [1] The bill authorizes the use of funds generated by Surface Mining Control and Reclamation Act of 1977 (SMCRA) to be invested in communities adversely affected by the cessation of mining operations in the area.

Contents

A revised version was introduced April 30, 2019 as S. 1232 by Senator Manchin (D-WV) [2] and on April 9, 2019 as H.R. 2156 by Representative Cartwright (D-PA). [3]

PEABODY COAL COMPANY STRIP MINE, SOUTH OF COLSTRIP - NARA - 549167 PEABODY COAL COMPANY STRIP MINE, SOUTH OF COLSTRIP - NARA - 549167.jpg
PEABODY COAL COMPANY STRIP MINE, SOUTH OF COLSTRIP - NARA - 549167

Background

The RECLAIM Act was preceded by and amends the SMCRA, which was enacted in 1977 to decrease the amount of coal dust in downstream water resources and other mining operations that are harmful to wildlife. [4] Shortly after SMCRA was established, the United States Department of Interior created the Office of Surface Mining Reclamation and Enforcement (OSMRE) agency to enforce the law. OSMRE's purview includes protecting wildlife, restoring abandoned mines, and making sure the regulations for surface coal mining are complied with. [5]

In addition, the agency has been charged with the administration of Abandoned Mine Land (AML) Reclamation Fund. Under the RECLAIM Act, extra AML funds will be disbursed over the next five years, giving up to $1 billion to help clean up and restore abandoned mines and foster economic development. [6]

Provisions

RECLAIM Act spending by state RECLAIM Act.png
RECLAIM Act spending by state

Section 416 amends the SMCRA by adding a section at the end of the bill that appropriates $200,000,000 for five fiscal years. This money is to be used by U.S. states and Indian tribes to "promote economic revitalization, diversification, and development in economically distressed mining communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977." The appropriated funds can only be used for certain priority projects. The project must meet the requirements of sections 403(a) [7] (of 30 USC 1233 [8] ) and 416(c) of the RECLAIM Act. Section 416(c) states that upon completion of the project, the reclamation should have created conditions for favorable development or conditions for the general welfare through development of communities. This section of the bill, the appropriations section, states that 30 percent of funds can be used for acid mine drainage treatment, 10 percent for project planning and administration and no more than 50 percent can be used for abandoned mine lands reclamation and restoration.

The money is divided among states by a formula, with 80% weight on the amount of coal mined from each State or Indian tribe before August 3, 1977, and 20% weight on reclamation fees paid from 2012 through 2016. [9] The RECLAIM Act's stated goal is to help "economically distressed mining communities... adversely affected by coal mining carried out before August 3, 1977," and much of the targeted support goes to Kentucky, Illinois, Pennsylvania and West Virginia..

Legislative history

CongressShort titleBill number(s)Date introducedSponsor(s)# of cosponsorsLatest status
114th Congress RECLAIM Act of 2016 H.R. 4456 February 3, 2016 Hal Rogers

(R-KY)

27Died in committee
S. 3532 December 8, 2016 Joe Manchin

(D-WV)

4Died in committee
115th Congress RECLAIM Act of 2017 H.R. 1731 March 27, 2017 Hal Rogers

(R-KY)

40Died in committee
S. 728 March 27, 2017 Mitch McConnell

(R-KY)

1Died in committee
S. 738 March 27, 2017 Joe Manchin

(D-WV)

5Died in committee
116th Congress RECLAIM Act of 2019 S. 1232 April 30, 2019 Joe Manchin

(D-WV)

6Died in committee
H.R. 2156 April 9, 2019 Matt Cartwright

(D-PA)

65Died in committee
117th Congress RECLAIM Act of 2021 H.R. 1733 March 10, 2021 Matt Cartwright

(D-PA)

57Referred to committee
S. 1455 April 29, 2021 Joe Manchin

(D-WV)

4Referred to committee

Reactions

The bill has generated support from a broad coalition of interests groups, such as Appalachian grassroots organizations, [10] [11] religious organizations, [12] and environmentalist groups. [13] The organizations argue that the bill will revitalize the economies of communities that were traditionally reliant upon coal mining. Polling in Eastern Kentucky suggests that Appalachian support for the bill is not limited to lobbying groups, approximately 89% of voters support this bill. [14]

Industry groups have lobbied against the bill, arguing that the Abandoned Mines Lands (AML) funds should not be diverted from their original purpose. [15] [16] The National Mining Association has stated broader opposition to the administration of AML funds. [17]

The Heritage Foundation argues it is a poor use of money, deregulation would be better, and the AML fees should be allowed to expire at the end of 2021. [18]

Related Research Articles

<span class="mw-page-title-main">General Mining Act of 1872</span>

The General Mining Act of 1872 is a United States federal law that authorizes and governs prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. This law, approved on May 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in California and Nevada from the late 1840s through the 1860s, such as during the California Gold Rush. All citizens of the United States of America 18 years or older have the right under the 1872 mining law to locate a lode or placer (gravel) mining claim on federal lands open to mineral entry. These claims may be located once a discovery of a locatable mineral is made. Locatable minerals include but are not limited to platinum, gold, silver, copper, lead, zinc, uranium and tungsten.

<span class="mw-page-title-main">Mine reclamation</span> Process of restoring land that has been mined to a natural or usable state

Mine reclamation is the process of modifying land that has been mined to ecologically functional or economically usable state. Although the process of mine reclamation occurs once mining is completed, the planning of mine reclamation activities occurs prior to a mine being permitted or started. Mine reclamation creates useful landscapes that meet a variety of goals ranging from the restoration of productive ecosystems to the creation of industrial and municipal resources. In the United States, mine reclamation is a regular part of modern mining practices. Modern mine reclamation reduces the environmental effects of mining.

<span class="mw-page-title-main">Mountaintop removal mining</span> Type of surface mining

Mountaintop removal mining (MTR), also known as mountaintop mining (MTM), is a form of surface mining at the summit or summit ridge of a mountain. Coal seams are extracted from a mountain by removing the land, or overburden, above the seams. This process is considered to be safer compared to underground mining because the coal seams are accessed from above instead of underground. In the United States, this method of coal mining is conducted in the Appalachian Mountains in the eastern United States. Explosives are used to remove up to 400 vertical feet of mountain to expose underlying coal seams. Excess rock and soil is dumped into nearby valleys, in what are called "holler fills" or "valley fills".

<span class="mw-page-title-main">Surface mining</span> Type of mining in which the soil/rock above mineral deposits is removed

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<span class="mw-page-title-main">Surface Mining Control and Reclamation Act of 1977</span> United States law regulating coal mining

The Surface Mining Control and Reclamation Act of 1977 (SMCRA) is the primary federal law that regulates the environmental effects of coal mining in the United States.

<span class="mw-page-title-main">Office of Surface Mining Reclamation and Enforcement</span>

The Office of Surface Mining Reclamation and Enforcement (OSMRE) is a branch of the United States Department of the Interior. It is the federal agency entrusted with the implementation and enforcement of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), which attached a per-ton fee to all extracted coal in order to fund an interest-accruing trust to be used for reclamation of abandoned mine lands, as well as established a set environmental standards that mines must follow while operating, and achieve when reclaiming mined land, in order to minimize environmental impact. OSMRE has fewer than 500 employees, who work in either the national office in Washington, DC, or of the many regional and field offices.

<span class="mw-page-title-main">Abandoned mine</span> Mine or quarry that is no longer operational

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J. Steve Gardner is a coal industry consultant and a former nominee for Administrator Office of Surface Mining Reclamation and Enforcement (OSMRE)

Surface Mining is done all over the United States and this causes growing concerns about the impact on the environment. West Virginia is one of the leading coal mining states in the USA and the environmental debate has never been stronger. There have been battles fought and protest marches to raise awareness for environmental impacts of coal mining. The US government took action and put in place guidelines and restrictions for mining as well as laws to protect the land after mining is completed. This was done with the Surface Mining Control and Reclamation Act. The impact of this act on the reclaimed land and its uses have made a positive impact, nowhere more so than in West Virginia.

The Miners Protection Act is a bill to establish pension and health care benefits to mine workers and has been introduced to Congress 4 times since 2015 but has still not been voted on by the full Senate. The Miners Protection Act would be an amendment to the Surface Mining Control and Reclamation Act. The act would redirect extraneous funds from the Surface Mining Control and Reclamation Act to be funneled into miners pensions and health care.

References

  1. Mitch, McConnell (27 March 2017). "Text - S.728 - 115th Congress (2017-2018): RECLAIM Act of 2017". www.congress.gov.
  2. Manchin, Joe (2019-04-30). "S.1232 - 116th Congress (2019-2020): RECLAIM Act of 2019". www.congress.gov. Retrieved 2020-06-16.
  3. Cartwright, Matt (2019-10-04). "H.R.2156 - 116th Congress (2019-2020): Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2019". www.congress.gov. Retrieved 2020-06-16.
  4. "Surface Mining Control and Reclamation Act". NPS.gov. National Park Service. Retrieved 16 March 2018.
  5. "What We Do". Office of Surface Mining Reclamation and Enforcement. U.S. Department of Interior. Retrieved 16 March 2018.
  6. McConnell, Mitch; Rogers, Hal (2017-04-04). "Reclaim Act represents massive environmental and economic revitalization of Appalachia". The Hill. Retrieved 16 March 2018.
  7. "Public Law 95-87". August 3, 1977.
  8. "30 USC 1233".
  9. Cartwright, Matt (2019-10-04). "Sec. 416(d) H.R.2156RECLAIM Act of 2019". www.congress.gov. Retrieved 2020-06-16.
  10. Perumal, Nikita and Jacob Mack-Boll (October 24, 2017). "KFTC members travel to D.C. to lobby for the RECLAIM Act". Kentuckians For The Commonwealth. Retrieved 2018-03-16.
  11. "RECLAIM Act". POWER+ For The People. Retrieved 2018-04-24.
  12. Catholic Committee of Appalachia; et al. (December 8, 2017). "RECLAIM Act Letter From Faith-Based Groups to Congressional Leadership".
  13. "RECLAIM Act advocates meet with Congressional offices - WORC". WORC. 2017-11-16. Retrieved 2018-04-24.
  14. "Strong Public Support for RECLAIM Act in Eastern Kentucky - Institute for Energy Economics & Financial Analysis". Institute for Energy Economics & Financial Analysis. 2016-09-27. Retrieved 2018-03-16.
  15. "Energy Policy Task Force: March 5, 2018 - National Mining Association". National Mining Association. 2018-03-05. Retrieved 2018-03-16.
  16. Loris, Nicolas. "The RECLAIM Act Won't Help Coal Communities—Rolling Back Regulations Will". The Heritage Foundation. Retrieved 2018-03-16.
  17. Dickson, Rebecca (2017-06-26). "Lobbying fight erupts over coal country bill". TheHill. Retrieved 2018-03-16.
  18. Loris, Nicolas. "The RECLAIM Act Won't Help Coal Communities—Rolling Back Regulations Will". The Heritage Foundation. Retrieved 2020-06-16.