This Act reforms surface mining laws to increase financial assurance requirements and strengthen oversight for coal mine reclamation.
Chris Deluzio
Representative
PA-17
The Bond Improvement and Reclamation Assurance Act of 2026 reforms the Surface Mining Control and Reclamation Act of 1977. This bill significantly increases the financial assurance requirements for surface coal mining operations to ensure reclamation costs are fully covered. It mandates that performance bonds reflect current inflation, potential early closure costs, and the government's actual cost to reclaim the site. Furthermore, the Act strengthens oversight by requiring bond recalculations upon permit transfer and ensuring former operators and related entities remain liable.
The Bond Improvement and Reclamation Assurance Act of 2026 is essentially a security deposit upgrade for the coal industry. It changes the Surface Mining Control and Reclamation Act of 1977 to ensure that when a mining company finishes its work—or if it suddenly goes bust—there is enough cash on hand to fix the landscape. The bill mandates that performance bonds must cover the full cost of reclamation, including the extra expenses the government would face if it had to step in and finish the job itself. It also sets a new floor for these bonds at $52,593 per permit area, a number that will now climb every year alongside the Consumer Price Index (Section 2).
One of the biggest shifts here is how the bill handles ownership. In the past, if a mine changed hands, the original owners might have been able to walk away from their cleanup obligations. This bill changes that by requiring a full recalculation of the bond amount before any permit transfer is approved. Even more significantly, it introduces the concept of a "covered person"—anyone owning 30% or more of the company. These individuals and the original permittees remain jointly liable for reclamation costs even after a transfer. For a local community, this means the people who profited from the mine can't simply sell the company to a shell corporation to avoid the bill for fixing the land.
To keep the math honest, the bill forces regulators to look at the worst-case scenarios. When setting bond amounts, authorities must now assume the mine will close within five years of the permit being issued, regardless of the long-term plan. They also have to factor in the costs of long-term water pollution and the price of labor if the government has to hire contractors for an unplanned closure. For a construction worker or a local contractor in a mining town, this provides a layer of protection; it ensures the funds are actually there to pay for the earth-moving and environmental work required to make the land usable for future development or recreation.
The bill also drags mining oversight into the digital age. Inspectors are now required to immediately report any site changes that could hike up reclamation costs, and those inspection reports must be posted online for the public to see. This level of transparency is a win for residents who want to keep an eye on the heavy industry in their backyard. While mining companies will face higher upfront costs and more rigorous financial scrutiny, the goal is to prevent the "orphan mine" problem where taxpayers end up footing the bill for environmental restoration. Within 90 days of the bill becoming law, the Secretary of the Interior must set specific benchmarks based on real-world costs from recent forfeited projects to ensure these new bond amounts aren't just guesses, but are grounded in reality.