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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-256
======================================================================
MINING SCHOOLS ENHANCEMENT ACT
_______
July 25, 2017.--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
[To accompany H.R. 2053]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2053) to amend the Surface Mining Control and
Reclamation Act of 1977 to enhance and support mining and
mineral engineering programs in the United States by funding
activities at mining schools, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mining Schools Enhancement Act''.
SEC. 2. SUPPORT FOR MINING SCHOOLS.
Section 721 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1309b) is amended--
(1) by striking ``The Office of Surface Mining Reclamation
and Enforcement'' and inserting the following:
``(a) In General.--Subject to subsection (b), the Office of Surface
Mining Reclamation and Enforcement''; and
(2) by adding at the end the following:
``(b) Mining Program Support.--
``(1) Of the amounts made available under subsection (d) 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 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;
``(F) enhancing the competitiveness of United States
energy technology exports;
``(G) the extraction or processing of coinciding
mineralization, including rare earth elements, within
coal, coal processing byproduct, overburden or coal
residue; and
``(H) enhancing technologies and practices related to
mitigation of acid mine drainage, reforestation, and
revegetation in the reclamation of land and water
resources adversely affected by coal mining.
``(c) Mining School Defined.--In this section the term `mining
school' means a mining, metallurgical, 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.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2018 through 2024.''.
Purpose of the Bill
The purpose of H.R. 2053 is to amend the Surface Mining
Control and Reclamation Act of 1977 to enhance and support
mining and mineral engineering programs in the United States by
funding activities in 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.''\1\ 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.
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\1\National Research Council, Emerging Workforce Trends in the U.S.
Energy and Mining Industries: A Call to Action, at 82 (2014).
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The issues of a retiring workforce and a lack of mining
expertise are not limited solely to industry, but also affect
the federal regulatory agencies. Forty seven percent of the
Mine Safety and Health Administration's coal sector workforce
are currently eligible for retirement, while in 2016, the U.S.
Environmental Protection Agency did not employ a single mining
engineer in its over 15,000-employee workforce. Without
sufficient numbers of mining experts, effective management and
promotion of domestic mining activities cannot 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.''\2\ 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. However, this program was eliminated and this
has been credited with being 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 dollars directed to mining schools.
---------------------------------------------------------------------------
\2\Ibid. at 87.
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When Congress passed the Surface Mining Control and
Reclamation Act of 1977 (SMCRA, 30 U.S.C. 1201 et seq.), it
identified one of the Act's principal purpose as ``. . . 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 . . .'' 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.
H.R. 2053 addresses the aforementioned issues by
authorizing $10 million for each of fiscal years 2018 through
2024 for research activities conducted under section 721 of
SMCRA (30 U.S.C. 1309b). As ordered reported, the bill requires
OSM to direct at least 70 percent of this research funding to
mining schools to ``enhance and support mining and mineral
engineering programs in the United States . . .'' Such funds
must also provide opportunities for participation by
undergraduate and graduate students at mining schools and be
used to study many aspects of mining and mineral extraction,
ranging from efficiency to reclamation, to promote and
modernize mining practices.
Committee Action
H.R. 2053 was introduced on April 6, 2017, by Congresswoman
Martha McSally (R-AZ). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Energy and Mineral Resources. On June 22, 2017,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Congressman
Glenn Thompson (R-PA) offered an amendment designated #1; it
was adopted by unanimous consent. No further amendments were
offered, and the bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent
on June 27, 2017.
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 and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 20, 2017.
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. 2053, 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. 2053--Mining Schools Enhancement Act
Summary: H.R. 2053 would authorize the appropriation of $10
million a year over the 2018-2024 period for the Office of
Surface Mining Reclamation and Enforcement to fund research and
demonstration projects related to the environmental effects of
coal mining. The bill also would require the agency to allocate
at least 70 percent of those funds to institutions of higher
education with accredited mining or mineral engineering
programs.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 2053 would cost $41 million
over the 2018-2022 period and $29 million after 2022. Enacting
the bill 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 2028.
H.R. 2053 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2053 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2018-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level...................... 0 10 10 10 10 10 50
Estimated Outlays........................ 0 3 8 10 10 10 41
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
2053 will be enacted near the end of fiscal year 2017 and that
the specified amounts will be appropriated for each fiscal
year. Estimated outlays are based on historical spending
patterns for similar activities. In 2016, the agency spent $2
million on similar activities.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 2053 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 2053
contains no intergovernmental or private-sector mandates as
defined in UMRA 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.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Jon Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. 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 enhance and support mining and
mineral engineering programs in the United States by funding
activities in 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. This bill does not contain any
directed rule makings.
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 italic, 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 subsection
(d) 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 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;
(F) enhancing the competitiveness of United
States energy technology exports;
(G) the extraction or processing of
coinciding mineralization, including rare earth
elements, within coal, coal processing
byproduct, overburden or coal residue; and
(H) enhancing technologies and practices
related to mitigation of acid mine drainage,
reforestation, and revegetation in the
reclamation of land and water resources
adversely affected by coal mining.
(c) Mining School Defined.--In this section the term ``mining
school'' means a mining, metallurgical, 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.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000 for each
of fiscal years 2018 through 2024.
* * * * * * *
[all]
