[House Report 114-658]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-658
======================================================================
MINING SCHOOLS ENHANCEMENT ACT
_______
July 5, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 3734]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3734) to amend the Surface Mining Control and
Reclamation Act of 1977 to provide support to mining schools,
and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of H.R. 3734 is to amend the Surface Mining
Control and Reclamation Act of 1977 to provide support to
mining schools.
Background and Need for Legislation
Within the next 10 to 15 years, approximately 70 percent of
the United States' mining industry's technical leaders will
reach retirement age. The National Research Council (NRC)
identified this aging demographic within the mining sector as
the ``most critical issue'' facing the workforce, and
highlighted the ``paucity of candidates to replace'' the
retiring workforce in the ``mining-related faculty at
institutions of higher knowledge.'' Evidencing this is the
decrease in the number of accredited mining and mineral
engineering programs, which has fallen from 25 in 1982 to 14 in
2007, and a corresponding decline in faculty, which fell from
120 in 1984 to 70 in 2007.
The issues of a retiring workforce and a resultant lack of
mining expertise are not limited solely to industry, but also
affects the federal regulatory agencies. Indeed, 47 percent of
the Mine Safety and Health Administration's coal sector
workforce will be eligible for retirement by 2016, while the
U.S. Environmental Protection Agency does not employ a single
mining engineer in its over 15,000 employee workforce. Without
sufficient numbers of mining experts, more disasters like the
Gold King Mine waste water spill are more likely to occur;
therefore, it is crucial to encourage the training and
development of mining and mineral engineers.
One factor identified by the NRC as contributing to the
decrease in mining and mineral engineering programs and faculty
is the ``relative absence of consistent federal research
funding to support graduate programs at mining schools.'' In
1994, $52 million had been directed through the U.S. Bureau of
Mines to fund research--a majority of which was received by
mining schools. This program, however, was eliminated, and has
been credited to be one of the root causes of weakening mining
programs. Thus, one way to reinvigorate mining and mineral
engineering programs would be an assurance of federal research
directed to mining schools.
When Congress passed the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), it identified a principal
purpose of the Act as ``provid[ing] for . . . the conduct of
research investigations, experiments, and demonstrations, in
the exploration, extraction, processing, development, and
production of minerals and the training of mineral engineers
and scientists in the field of mining, minerals resources, and
technology.'' [emphasis added] Currently, the Office of Surface
Mining (OSM) offers a research grant program for schools, but a
minor fraction of the grants are directed to mining schools.
For instance, only one of 18 current or completed projects in
2014 was conducted at a mining school, while only seven of the
entire 64 projects awarded over the past ten years were awarded
to faculty members at mining engineering programs. To ensure
the continued development of mining engineers and the statutory
objectives of SMCRA are upheld, OSM should direct more of its
grants towards mining and mineral engineering programs.
This bill attempts to address the aforementioned issues by
requiring OSM to direct at least 70 percent of its research
funding to mining schools to ``enhance and support mining and
mineral engineering programs.'' Such funds must provide a
``significant opportunity for participation by undergraduate
and graduate students at mining schools'' and must be used to
promote: 1) studies of mining, mineral extraction efficiency,
and related processing technology; 2) mineral economics,
reclamation technology, and practices for active mining
operations; 3) the development of remining systems and
technologies that facilitate reclamation that fosters the
recovery of resources at abandoned mine sites; 4)
investigations of mineral resources extraction methods that
reduce environmental and human impacts; 5) reducing dependence
on foreign energy supplies; and 6) enhancing the
competitiveness of United States energy technology exports.
H.R. 3734 is part of the Committee's three-pronged response
to the Gold King Mine and the Standard Mine spills that
occurred in Colorado in August and September of 2015, which
reports indicated were caused by the Environmental Protection
Agency. These reports also highlighted the lack of technical
expertise, in particular mining engineers, needed for mine
reclamation work.
The Gold King Mine spill, which turned the Animas River an
ochre color, helped shine a national spotlight on the range of
complex technical, legal, educational and funding related
challenges that must be addressed to move forward with success
in addressing abandoned mine lands not just in the Western
U.S., but across the country. Members of the Natural Resources
Committee have developed a package of reforms to address these
challenges, including H.R. 3734. The other legislative measures
are: H.R. 3843, the Locatable Minerals Claim Location and
Maintenance Fees Act, introduced by Energy and Mineral
Resources Subcommittee Chairman Doug Lamborn (R-CO); and H.R.
3844, the Energy and Minerals Reclamation Foundation
Establishment Act, introduced by Congressman Jody Hice (R-GA).
Committee Action
H.R. 3734 was introduced on October 9, 2015, by Congressman
Cresent Hardy (R-NV). The bill was referred to the Committee on
Natural Resources, and within the Committee, to the
Subcommittee on Energy and Mineral Resources. On December 14,
2015, the Subcommittee held a hearing on the bill. On June 14,
2016, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent. No
amendments were offered and the bill was adopted and ordered
favorably reported to the House of Representatives by unanimous
consent on June 15, 2016.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 29, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3734, the Mining
Schools Enhancement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director)
Enclosure.
H.R. 3734--Mining Schools Enhancement Act
H.R. 3734 would amend current law to require the Office of
Surface Mining Reclamation and Enforcement (OSMRE) to allocate
70 percent of any funds used to support outside research to
institutions of higher education with accredited mining or
mineral engineering programs. In 2015, the agency spent $1
million on outside research.
OSMRE already has the authority to spend appropriated funds
on outside research and H.R. 3734 would affect only the
allocation of such funds; therefore, CBO estimates that
implementing the legislation would have no effect on the
federal budget. Enacting H.R. 3734 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply. CBO estimates that enacting the bill would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
H.R. 3734 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit institutions of higher education that specialize
in mining engineering by dedicating a greater share of federal
mining research funds to support activities at such
institutions. Any costs those entities might incur would result
from participation in a voluntary federal program.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Surface Mining Control
and Reclamation Act of 1977 to provide support to mining
schools.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman believes that this bill
does not direct an executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977
* * * * * * *
TITLE VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 721. RESEARCH.
[The Office of Surface Mining Reclamation and Enforcement]
(a) In General._Subject to subsection (b), the Office of
Surface Mining Reclamation and Enforcement is authorized to
conduct studies, research and demonstration projects relating
to the implementation of, and compliance with, title V of this
Act, and provide technical assistance to states for that
purpose. Prior to approving any such studies, research or
demonstration projects the Director, Office of Surface Mining
Reclamation and Enforcement, shall first consult with the
Director, Bureau of Mines, and obtain a determination from such
Director that the Bureau of Mines is not already conducting
like or similar studies, research or demonstration projects.
Studies, research and demonstration projects for the purposes
of title IV of this Act shall only be conducted in accordance
with section 401(c)(6).
(b) Mining Program Support.--
(1) Of the amounts made available under this Act for
activities authorized under this section, the Director
of the Office of Surface Mining Reclamation and
Enforcement shall ensure that at least 70 percent is
expended to enhance and support mining and mineral
engineering programs in the United States by funding
activities at mining schools.
(2) In expending funds under this section, the
Director shall consult with relevant stakeholders and
ensure a significant opportunity for participation by
undergraduate and graduate students at mining schools.
(3) The Director shall ensure that the activities
conducted under this section relate to conventional
fuel resource development and production, and include--
(A) studies of mining, mineral extraction
efficiency, and related processing technology;
(B) mineral economics, reclamation
technology, and practices for active mining
operations;
(C) the development of remining systems and
technologies that facilitate reclamation that
fosters the recovery of resources at abandoned
mine sites;
(D) investigations of mineral resource
extraction methods that reduce environmental
and human impacts;
(E) reducing dependence on foreign energy
supplies; and
(F) enhancing the competitiveness of United
States energy technology exports.
(c) Mining School Defined.--In this section the term ``mining
school'' means a mining or mineral engineering program or
department accredited by the Accreditation Board for
Engineering and Technology, Inc., that is located at an
institution of higher education (as that term is defined in
section 631(a) of the Higher Education Act of 1965 (20 U.S.C.
1132(a))) in the United States.
* * * * * * *
ADDITIONAL VIEWS
We have serious concerns regarding H.R. 3734 because it
would significantly restrict the limited amount of money
provided through the Office of Surface Mining Reclamation and
Enforcement's (OSMRE's) Applied Science grant program to any
school without an accredited mining or mineral engineering
program.
Already, funding for the Applied Science grant program is
sporadic and insufficient, with no money appropriated for the
program since 2012, and only $8.1 million provided from 2005
through 2012. Allowing no more than 30 percent of any future
appropriated money to go towards projects at otherwise world-
class universities that don't possess mining or mineral
engineering programs arbitrarily limits the amount of money
that can be awarded for ecosystem restoration studies and other
worthwhile work that helps to mitigate or reverse the impact of
surface mining.
Schools such as Case Western Reserve University, the
University of Oklahoma, the University of New Mexico, the
University of Tennessee, and Stephen F. Austin State
University, which received Applied Science grant money the last
time it was available, would be unfairly disadvantaged in any
future round of grant making. Furthermore, a good portion of
the Applied Science grant money has gone to support important
work at other federal and state agencies, such as the U.S.
Department of Agriculture's Agricultural Research Service, the
Virginia Department of Environmental Quality, and the Ohio
Department of Natural Resources. These agencies would be forced
to compete with the other non-mining schools for the limited
pool of available money.
We support mining engineering programs and would readily
back a program that provided additional funding to those
programs to accomplish the purposes of this bill. However,
limiting the paltry amount of money currently made available
under the Applied Science program to just 14 universities with
mining engineering programs makes a small pie even smaller for
agencies and schools that don't have those programs.
We are prepared to work with the Majority on ideas to
support education and workforce development in the mining
industry, but we must avoid arbitrarily disadvantaging other
worthwhile research efforts in order to do that.
Raul Grijalva,
Ranking Member, Committee on
Natural Resources.
Grace Napolitano,
Member of Congress.
Alan Lowenthal,
Ranking Member, Subcommittee
on Energy and Mineral
Resources.
Jared Polis,
Member of Congress.