Presentation for the 2017 PA AMR Conference

1. Update on AML-related
Legislative Activity in the New
115th Congress
Ryan Ellis
IMCC
June

2. New Era
• New 115th Congress
• New Federal Administration
• Congress still getting settled, finding direction
• Administration still getting organized

3. Budget - Omnibus
• Omnibus passed this Spring
• AML AML Funding generally not affected,
mostly off-budget
• “Pilot Program” extended
• Expanded to 3 more states
• 25 each for PA, WV, KY
• 10 each for OH, VA, AL

4. Budget – Trump 2018 Proposal
• Most aggressive budget in recent memory
• Reduce OSMRE staff 10%
• Eliminate BLM hardrock program
• Eliminate Pilot program
• Will have impact, but Congress is in control of
appropriations ultimately

5. AML legislative activity
• House Natural Resources Committee held 3
hearings on AML policy and legislation
• RECLAIM Act, HR 1731
– Reintroduced, some changes from last year
• Community Reclamation Partnerships Act, HR
2937
– A new approach to coal “Good Sam” protections
• Oversight Hearing on AML Funding
– Looking at past, setting up future of AML program

6. RECLAIM Act, HR 1731
• Modified version of the 2015 Obama Administration
"AMLER" proposal
• Accelerate $1 billion from the AML Trust Fund for
projects with enhanced economic benefits
• Changes in new version - guiding AML funding to
especially economically beneficial projects while
maintaining each AML program’s ability to pursue
high-priority reclamation in line with respective
priorities.

7. Hearing on RECLAIM Act – April 5
Notable Hearing Topics:
• Experiences to date with AML economic
revitalization projects
• How and what type of economic benefits stem
from AML projects
• Balancing economic and environmental needs
• The size and scope of current unfunded AML
costs
• The bill's impact on the future of the AML
program

8. Community Reclamation Partnerships
Act HR 2937
• Introduced by Rep. LaHood (R-IL)
• New approach to Coal Good Sam protections
under SMCRA Title IV AML Program
• Unfair Federal Liability deterring AML work,
especially water treatment
• State AML programs and NGO partners both
vulnerable
• PA EGSA Program only protects at state level

9. New Approach To Coal Good Sam
• HNR wanted to try a new approach, past
templates consistently failing
• IMCC worked with PADEP and PA NGOs to
develop new approach – based PA Good Sam
and Brownsfields programs
• States enter MOU with OSM, approved by EPA
• MOU outlines AMD water treatment under
AML program
• no more NPDES requirement with MOU

10. New Approach To Coal Good Sam
• State can extend protection to eligible NGO
groups as “community reclamation partners”
• If projects meet conditions of MOU, State
accepts ultimate liability, securing NGOs
• allow States and NGOpartners to do more
work without unreasonable standards in
NPDES and unfair exposure to liability

11. Hearing on Community Reclamation
Partnerships Act - May 24
• Examining recent past, current status of
SMCRA AML Program
• Setting up Reauthorization efforts – AML fee
expires 2021
• AML program at crossroads
• Things are changing, but there’s a lot more
work to be done

12. AML Funding Hearing
• Witnesses: OSMRE - West Virginia - Wyoming,
Foundation for PA Watersheds - National
Mining Association
• Focus on AML accomplishments, remaining
costs, and past allocation of funding
• Ambiguity related to how much spent on
construction vs other uses of AML grants
– Record clarified that 2/3s of grants are spent on
direct reclamation, the rest mostly design costs

13. AML Inventory Overhaul Needed
• Hearing discussion arrived at need to fix
inventory; tracking and reporting problems
• Highlighted that E-AMLIS not meant as
accounting tool, information reporting is
inconsistent and incomplete
• Needs to be overhauled to better make case
for Reauthorization

14. Need Reauthorization
• Fee ending in 2021; different landscape than
last time around
• A lot of progress have been made, but a lot
remains:
• Remaining Cost: $ 9.2 billion at least
• About $2.2 billion will be collected before
2021 - only 24% of the remaining need

15. Conclusion
• Promising bi-partisan beginning for HNR
Committee on AML legislation
• Several ways of enhancing AML program;
most important thing is to extend it
• Reauthorization won’t be easy; need to
cooperate