regulatory competition by the lowest common denominator. Nevertheless, this is one direction where this program is going. This panel, however, is designed to use these past mistakes to chart out a course for the future. In some pockets of the coalfields, time is running out. While we have lost our faith that this Administration will ever take this law seriously, we are here today to call upon the next one to put this program back on track. Today we would like to present to the Committee a 26 point platform for mining reform. We have called it a "Coalfield Proclamation for the 1990's". It is a culmination of issues, initiatives, problems, and ideas we believe must be addressed over a span of the next several years, if we are ever to protect the coalfield environment and its people. This "Proclamation" is the result of several meetings and discussions with countless citizen and environmental groups across the country. Some of points call for specific action, others highlight complex issues where solutions must yet be developed. Either way, we believe that our leadership needs to begin addressing these issues today. In respect for the Committee's time, I will refrain from reading this platform in full. Some of its issues have already been discussed today. But I would like to briefly highlight just a few. 1. Reclaim the Coalfields (points 1 and 9.). Since 1977, at least 6000-10,000 mines have been left unreclaimed with little or no bonds to cover reclamation costs. They are ineligible for AML funding under the law. In addition, there remains hundreds of thousands of acres of pre-act mines still unreclaimed today because the AML fund is too limited. A comprehensive program is needed to fully address the reclamation needs on both sets of sites. Among other things, this program must include a reauthorized Abandoned Mine Land fund that is broadened in scope and financial capabilities, sensible remining provisions, and innovative enforcement initiatives aimed at achieving reclamation by those who were responsible. То 2. Ban the Irresponsible Operator from Mining (points 2,3). When Congress passed SMCRA in 1977, it intended to prevent chronic violators from mining in the future. This principle has never been fulfilled due to lax enforcement, and nonexistent management systems. In the 1990's, chronic violators, and their owning and controlling agents, should be banned from mining forever. finally accomplish this goal of the act, a comprehensive and multifaceted program must be implemented that would include a credible violator/permit denial tracking system, harsh criminal penalties for wildcatting, and a regulatory program or agreement with electrical utilities to prohibit coal purchases from illegal operators. 3. Mountain top removal and valley fills (16 17). The act has encouraged the use of mountain top removal operations as a way to maximize coal development in a limited area. In 1987, however, questions are being raised to the magnitude and severity of its cumulative impacts to a region's environment and culture. The indicriminate use of this technique begs reassessment. So to does the use of valley fills to dispose of excess mine spoil. Due to the lack of comprehensive regulatory standards for their construction, and improper construction practices, they are a growing danger to coalfield communities. Several fills have already failed. It is only a matter of time until there is human disaster. 4. Post Mining Land Use (point 18). Too much postmining land is being returned to "pasture" land with little regard for the region's current or true historic land use. Pasture land is one of the least expensive ways to reclaim, and as a result, our eastern and Midwestern pre-mining woodlands and croplands are quickly being reclaimed to vast prairie lands resembling Wyoming. 5. SMCRA's Exemptions (point 20). If ten years has told us anything, it has been that the Act's exemptions (two-acre, coal exploration, incidental mining, etc.) have been regular avenues for gross mining abuse. Many of the unreclaimed mines since 1977 are a result of exemption abuse. These must be tightened or eliminated. A COALFIELD PROCLAMATION TTnderground coal-mining in America is now more than 150 years old; strin mininn is me lanet Afl vanve old The adverse impact from this communities has been starkly evident for decades. Individual states attemp This potentially tough federal law was aimed at prohibiting gross mining Today we can look back and concede that our nation's coal development policy has been unjust and short-sighted. And today, with time runing out in so many of our coalfield communities, we can demand a revitalized national coal policy to truly protect and benefit all citizens. WE PROCLAIM THAT THIS NEW POLICY MUST INCLUDE THE FOLLOWING CRITERIA: 1. A program must be established to completely reclaim the thousands of unclaimed mines left abandoned since enactment of SMCRA and the hundreds of thousands of acres of land which remains since before 1977. 2. Irresponsible mine operators and energy companies which intentionally and routinely evade environmental protection laws have forfeited their privilege to mine coal in the U.S. and must be banned forever from mining. 3. Coal-fired electric utility companies should be required to not purchase coal from known violators of the Act. 4. Coalfield citizens no longer should have to bear the burden when state regulatory authorities continually fail to enforce the law. Such inadequate state programs should be federalized. 5. The main thrust of SMCRA is to prevent environmental degradation. This principle must be fulfilled, since all too often regulatory authorities will not take enforcement action until damage has occurred. 6. The small amount of coal extracted by "contour mining” in steep slope areas (slopes greater than 20 degrees) no longer can justify the enormous amount of severe environmental degradation and human impact which it produces. 7. Surface-owner rights must be strengthened by requiring operators to obtain surface-owner consent and to notify individuals of pending permit applications before a permit is granted. 8. Most reclamation bonds on the nation's coal mines must be substantially increased and made consistent with other states. Today they are so low as to violate the Act's requirement that they be set at a level sufficient to cover full reclamation costs—thus heralding a new generation of abandoned mines in the coalfields. 9. SMCRA's Abandoned Mine Land fund is seriously underfunded -and only a small fraction of the nation's pre-Act abandoned mines will be reclaimed during the lifetime of the fund (through 1992). Accordingly, the AML fund must be not only reauthorized but also significantly broadened in scope and financial capabilities. 10. The surface effects of underground mining (especially "longwall' and other high-extraction methods) are so devastating that SMCRA's prohibitions against surface impacts in close proximity to homes, schools and other protected structures must also apply to underground mining. 12. Planned subsidence" as currently practiced by coal operators in the US is planned only to maximize coal production with no consideration given to the impacts on land and water. Techniques for minimizing damage (such as "backstowing") must be required. 13. Water is an essential and fragile resource for coalfield communities. A more comprehensive and stringent regulatory ap proach must be taken toward protecting surface and groundwater sources from the increasing impacts of underground mining. Operators must be required to prove that water resource damage will be prevented-or mining may not proceed. If damage does occur, operators must be liable for prompt and complete replacement. 14. Especially in the western coalfields, the regulatory authorities must be compelled to carry out comprehensive and credible hydrologic impact assessments as the law requires. 15. The coal industry has perpetuated a myth that reclamation can always be successfully achieved in all mining situations, and that a permit application guarantees a presumed right to mine. In situations of high acid-bearing areas, extremely arid regions, alluvial valley floors, and prime farmland evidence suggests that successful long-term reclamation is not feasible. Unless full reclamation can be credibly proven in the permit application, mining should be prohibited. 16. The increased use and impacts of mountaintop removal and valley-fills are raising new questions as to their suitability as standard mining practices. 17. Coal waste dams and valley-fills pose a long-term danger to communities since there are no comprehensive standards in effect to ensure their safety. 18. In far too many cases, post-mining land-use plans are inconsistent with surrounding needs and historic uses. 19. Efforts to prematurely terminate operator liability for a mine before long-term impacts can be credibly assessed pose an enormous danger to coalfield communities and the environment. They must be resisted. 29. SMCRA's exemptions and variances must be reexamined. History has shown that exemptions and variances have been a regular avenue for gross abuse and frequently become the normal operating procedure in the field rather than the exception. 21. Congress' intention to create a process for designating fragile lands unsuitable for mining has been perverted by the regulatory authorities. Petitioners bear an unreasonable burden of proof, the process must be reformed. 22. There are regulatory agency conflicts and statutory gaps among SMCRA and other relevant environmental laws-such as the Clean Water Act, the Clean Air Act, the Mine Health and Safety Act and Superfund legislation-which in themselves are contributing to problems and must be resolved. 23. Inequitable taxation of the coal industry among the coal states also is a serious problem. Interstate compacts on severance taxes are needed to prevent destructive interstate competition. 24. Regulatory authorities blindly interpret regulatory issues (such as permit analysis, propriety of enforcement actions, bond adequacy and technical issues) too often in favor of the coal operators. Coalfield citizens frequently have meritorious objections which must be given greater attention. 25. Regulatory authorities must enforce requirements that toxic materials may only be buried in mine overburden with suitable neutral materials. N 26. The American public must be informed of the true and full costs of mining coal to produce electricity. The public should be informed of the immediate costs of development which presentby are borne by coalfield citizens-as well as the hidden long-term costs which are to be shouldered unfairly by America's future generations. This DBED of conveyance made and entered into this 24th day of May, 1900 by i and between Sam Joseph and Polly Josuph, James A, Vernon and N. B. Vernon, his Wife, Parties of the first part and Sleup Coal Co., a Corporation organized and existing under and by virtue of the laws of the State of W. Va., party of the second part, Witnesseth: That said parties of the first part, in consideration of the sum of ($402.63) Four Hundred Two and 63/100 Dollars, cash in hand paid, the receipt whereof is hereby acknowledged, the said amount being the total amount due and to become due under a certain title bond or agreement for rights contained in a written Instrument executed on the 21st day of March, 1906, by Sam Joseph & wife, parties, grantors herein, to Kentucky River Coal Company, and pursuant to terms of said Bond, or written agreement for rights and for the further consideration of one Dollar ($1.00) for all the property rights and privileges herein bargained, sold, granted or conveyed, not included within said Title Bond, or agreement for rights if any such there be, receipt whereof is hereby acknowledged, have bargained, sold, granted and conveyed, and by these presents do hereby bargain, sell, grant and convey unto the said Slemp Coal Company, a Corporation organized and existing under and by virtue of the law of the State of West Va., party of the second part hereto (all coal, minerals, and mineral substances, and products: all oils and gases, all salt and salt mineral water, all fire and potters clay, all iron & iron ores, all stone and slate; all ores and mines, and all sub-terranean substances and products, and all combinations of same, or any or all of the same, situated, lying, and being in, on, or under the hereinafter described land or that say hereafter be found thereon, therein, or thereunder, and such of the standing timber thereupon as say, at the time of the use thereof, be, or by the party of the second part its successors or assigns, be deemed necessary or convenient for mining purposes, or so deemed necessary or convenient for the exercise and enjoyment of any or all the property rights and privileges herein bargained, sold, granted or conveyed, including timber necessary for dams and railroads or branch lines thereof, as way hereafter be constructed upon the said lands; and the exclusive rights-ofway for any and all railroads, train roads, haul roads and other ways, pipe lines, telephone and telegraph lines that may hereafter be located on said land, by the parties of the first part, their heirs, representatives or assigns or by the party of the second part, its successors or assigns or by any person or corporation with or without authority of either said parties or its heirs, representatives, suc– cessors, or assigns: and also the right to maintain, keep in repair and operate the same and said railroads, train roads, haul roads, ways, pipelines, telephone and telegraph lines; and also the exclusive right to enter upon said land, drill, thereupon for oil and gas, and pump for and store the same and remove, pipe and transport the same therefrom and to use and operate the said land and surface thereof and any and all parts thereof, including the right to undivert, dan and pollute water courses thereon in any and every manner that may be the second part, its successors or assigns be deemed necessary or convenient for the full and free exercise and enjoyment of any and all the property, rights and priviledges hereby bargained, sold, granted or conveyed, including, but not limiting to the drilling, mining, pumping, and therefrom removiny, or otherwise utilizing the said ptpa, telegraph and telephone lines, rights-of-way, roads, ways, timber, coal, minerals, slate, oil, gas, salt water, clay, iron, ore, minus, stone and subterraneem substances and products thereof, and any & all other property and rights hereby bargained, sold, granted or conveyed, and for the transportation therefrom of said articles; and also the right to build, wrect, alter, repair, maintain and operate upon said land and at its option to therefrom remove any and all houses, shops, buildings, tanks, derricks, inclines, tipples, dans, coke ovens, store and ware rooms, and machinery and mining and any and all equipments that may by party of the second part, its successors or assigns, be deemed necessary or convenient for the full and free exercises and enjoyment of any and all property, rights and priviledges hereby bargained, granted, sold, or conveyed; and the right to thereupon convert, reduce, refine, store, dump and manufacture the said or any or all of said property, or products in, upon, or under said land, or other land owned, |