11.05.15

Abandoned Mine Lands Hearing Wrap-up: Speakers Agree More Funding Needed to Clean Up Abandoned Mines

Hearing Wrap-up: Nov. 4 Legislative Hearing on Energy and Mineral Resources on Abandoned Mine Lands

Democrats, Witnesses Agree: Additional Funding Needed to Clean up Abandoned Mines

Bills

  • H.R. 3843, Rep. Doug Lamborn (R-Colo.): To authorize for a 7-year period the collection of claim location and maintenance fees, and for other purposes. ‘‘Locatable Minerals Claim Location and Maintenance Fees Act of 2015.’’
  • H.R. 3844, Rep. Jody Hice (R-Ga.): To establish the Energy and Minerals Reclamation Foundation to encourage, obtain, and use gifts, devises, and bequests for projects to reclaim abandoned mine lands and orphan oil and gas well sites, and for other purposes. “Energy and Minerals Reclamation Foundation Establishment Act of 2015.”

Witnesses

  • Eric Cavazza, P.E., Director, Bureau of Abandoned Mine Reclamation, Pennsylvania Department of Environmental Protection
  • Sara Kendall, D.C. Office Director, Western Organization of Resource Councils
  • Geoffrey S. Plumlee, Ph.D., Research Geochemist, Environment, Human Health, and Disasters, U.S. Geological Survey
  • Chris Wood, President/Chief Executive Officer, Trout Unlimited - National Office

Key Takeaways

  • These small bills are just window-dressing unless we comprehensively reform the Mining Law of 1872, a step House Republicans refuse to take. The Mining Law, which was signed by President Ulysses S. Grant, does not hold mining companies accountable for cleaning up abandoned mines.
  • The bills represent a narrow, voluntary, private-sector-only approach to addressing abandoned mine lands (AMLs). They do not create a requirement for the industry to do anything. These bills do not constitute meaningful “reform” of our mining laws.
  • The biggest piece missing is any expectation for the mining industry to pay a royalty or otherwise accept responsibility for abandoned mine sites.
  • The industry is given potential liability waivers by H.R. 3843 to voluntarily clean up sites that have no responsible parties. Many of these waivers will simply kick the can down the road and lead to future pollution without a responsible party to clean it up.
  • The bills do not adhere to the “polluter pays” principle underlying coal firm contributions to cleaning up abandoned coal mines and oil industry fees that once funded Superfund.

Background

  • Ranking Member Raúl M. Grijalva’s (D-Ariz.) Hardrock Mining Reform and Reclamation Act, H.R. 963, would establish a dedicated source of funding for cleaning up hardrock AMLs, and also provide Good Samaritan protections under the Clean Water Act for hardrock mine cleanups. Republicans refuse to hold a hearing on his bill.
  • The two Republican bills are part of what is sometimes being referred to as the “Republican mining reform package,” and represent their response to the issues raised by the Gold King Mine spill in Colorado this August.
  • A third bill – H.R. 3734, the Mining School Enhancement Act, introduced by Cresent Hardy (R-Nev.) – is expected to receive a field hearing in Colorado in December.

Key Quotes

Subcommittee Ranking Member Alan Lowenthal (D-Calif.) in his opening statement:

“These two bills are basically asking for a show of hands to see who’s going to volunteer to step up and spend their own money to tackle our multi-billion dollar abandoned mine problem and clean our polluted rivers. That’s not good enough. We need a consistent and robust source of funding to make a serious dent in this problem, and the mining industry is going to have to step up to the plate and do their fair share to address their historical legacy of pollution.”

Chris Wood, President/Chief Executive Officer, Trout Unlimited - National Office during his testimony:

“But I hope it is clear to the Subcommittee that even if a perfect Good Samaritan bill is approved and implemented, the work will not get done without adequate funding. [. . .] Congress should establish a fair royalty from any minerals taken from public lands, a portion of which should be invested in an abandoned hard-rock mine cleanup fund. Almost every commodity developed off public lands – coal, wood fiber, oil, gas, and forage – has dedicated funding for mitigation of impacts and restoration. The only commodity that lacks such a dedicated fund is hard rock minerals.”

Sara Kendall, D.C. Office Director, Western Organization of Resource Councils in her testimony:

“Good Samaritans may be able to tackle some small projects that improve water quality, and we commend them for it, but Good Samaritans can do nothing to help tackle these larger problem sites. That must be done by skilled reclamation professionals with monies from a significant, reliable and dedicated cleanup fund similar to the coal abandoned mine land fee and program.”

Eric Cavazza, P.E., Director, Bureau of Abandoned Mine Reclamation, Pennsylvania Department of Environmental Protection in his testimony:

“Hardrock AML sites continue to pose an especially difficult problem, largely due to the lack of a federal hardrock AML program such as is in place for coal AML remediation. [. . .] There is clearly a need to establish both the funding mechanism and the administrative program to address these legacy sites. [. . .] We also advocate for a delegated program and required funding for reclamation of hardrock AML sites located outside federal lands.”

Press Contact

Media Contact: Adam Sarvana

(202) 225-6065 or (202) 578-6626