[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[Senate]
[Pages S14785-S14786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    BYRD-McCONNELL MINING AMENDMENT

  Mr. McCONNELL. Mr. President, I first thank my friend from West 
Virginia for his leadership on this extraordinarily important issue to 
my State and to his and, for that matter, to all the people of 
Appalachia where coal is mined.
  Thanks to my friend from West Virginia, I had a unique experience 
last week. As the proud possessor of a zero rating from the AFL-CIO, I 
had never been invited to a rally by the United Mine Workers of 
America. Thanks to the distinguished Senator from West Virginia, who I 
assume warned the crowd to say nice things or at least to refrain from 
throwing anything, I joined him on the west front of the Capitol last 
Tuesday and had an opportunity to watch Senator Byrd in action in a 
different environment. I have seen him many times on the floor, always 
persuasive and always effective, but never before a rally largely of 
his people and my people who make their livelihood mining coal.
  I must say, it was a memorable experience. If I ever do my memoirs, I 
say to my friend from West Virginia, that experience will be in it. We 
have joined together today. And there are many others on this side of 
the aisle, and I hope we will have some on that side of the aisle, who 
have had enough of this administration declaring war on legal 
industries engaged in an honest effort to keep the engines of this 
country moving forward. We have a number of Republican Senators from 
the West, and they all informed us over the years about the war on the 
West. Senator Domenici and Senator Craig have educated some of us 
southerners about the problems they have had. And I am pleased to say I 
have supported them over the years, without exception, in their efforts 
to preserve those jobs in the mining industry out west.

  Well, I would say the war on the West is moving east, and we are 
beginning to feel the sting. Even though this amendment was generated 
by a very poorly reasoned district court decision in the Federal court 
in West Virginia, let me say that is just the beginning, as the Senator 
from West Virginia has pointed out; it is just the beginning.
  All the Byrd-McConnell amendment seeks to do--not just for coal 
mining but for hard rock mining as well--is to restore us to the 
existing law, at least with regard to coal mining, as the distinguished 
Senator from West Virginia has pointed out. The letter from the White 
House, from Chief of Staff John Podesta to the President, either lies 
or is woefully ill informed.
  It is clear to this Senator that the people downtown don't care what 
the facts are. They don't care about the 20,000 coal miners in West 
Virginia and the 15,000 coal miners in Kentucky. They really don't 
care. I don't think they have bothered to read the amendment of the 
Senator from West Virginia because, as he pointed out a few moments ago 
with regard to coal mining, we are seeking to reestablish the status 
quo, agreed to and entered into by the most radical EPA in the history 
of the country. There is no question in my mind that whenever any 
environmental group in America hiccups, it is felt downtown. Anytime 
they object to anything, the administration falls in line.
  It has been fascinating to watch this issue develop because it pits 
the environmentalists against the unions--truly a Hobson's choice for 
the administration. When they had to pick a side between the 
environmentalists and the coal miners in West Virginia and in Kentucky, 
it is pretty clear whose side they chose. They don't care about these 
jobs. They are not interested in reading this amendment. They really 
don't care what is in the amendment. They are willing to sacrifice the 
20,000 coal-mining jobs in West Virginia and the 15,000 coal-mining 
jobs in Kentucky in order to score points with a lot of 
environmentalists--who, I assume, enjoy having electricity all the time 
so they can read their reports--decrying the people who work in the 
industry so important to our States. Clinton and Gore are determined to 
put the agenda of the fringe environmental groups and Presidential 
political concerns ahead of the needs of coal miners in Appalachia.
  As I said earlier in a colloquy with the Senator from West Virginia, 
and as he referred to in his speech, the President came to Appalachia 
last summer. He happened to have picked my State. He came to Hazard, 
KY. It was a large crowd. They were honored to have him there. The 
mayor of Hazard is still talking about it. It was one of the high 
points of his life. The President looked out at the people in Hazard, 
many of whom make a living in the coal mines, and he said, ``I am here 
to help you.''
  Well, Mr. President, we need your help. I assume the whole idea 
behind coming to Kentucky was not to increase unemployment. My 
recollection of what that visit was about was how the Federal 
Government could actually produce new jobs for the mountains--something 
a lot of people have talked about and few have been able to deliver. 
Well, we would like to have new jobs, Mr. President, but I can tell you 
this: We would rather not lose any more of the few jobs we have 
remaining. That is not a step in the right direction.

  We don't have as many coal jobs as we used to. The production is 
about the same. The employment is much smaller. Every time there has 
been an improvement in the coal-mining industry--whether on top of the 
mountain or underneath the mountain--safety has gone up, and that is 
important. But employment has gone down. We are not yet ready to walk 
away from coal in this country. We have not built a new nuclear plant 
in 20 years and are not likely to build any more. These people are 
engaged in an indispensable activity. They would like to have a little 
support from down on Pennsylvania Avenue. Where is the compassion? 
Where is the concern about these existing jobs in a critically 
important industry for our country?
  Senator Byrd has really covered the subject, and there is not much I 
could add, other than just to read once again what this amendment is 
about. Nothing in our amendment modifies, supersedes, undermines, 
displaces, or amends any requirement of or regulation issued under the 
Federal Water Pollution Control Act, commonly referred to as the Clean 
Water Act, or the Surface Mining Act of 1977. So in response to this 
outrageous and ridiculous court decision, we have not proposed changing 
the law. The judge, in his decision, has made it clear that he expects 
us to clear this up. He is inviting us to legislate. That is what we 
are hoping to do.
  The EPA, the Office of Surface Mining, the Corps of Engineers, and 
other

[[Page S14786]]

relevant agencies are in the process of conducting a thorough 
environmental impact study. At the conclusion of this process, if any 
of these agencies believe it is necessary, they may create new 
environmental regulations addressing the practice of mountaintop 
mining. Some might say that Senator Byrd and I and others are trying to 
delay the inevitable. I argue just the opposite. I argue that, by 
maintaining the status quo and allowing the EIS to move forward, you 
allow coal operators the ability to make the long-term plans essential 
to the viability of this industry.
  So there are only two things you need to remember about our 
amendment: No. 1, it doesn't alter the Clean Water Act. No. 2, it 
doesn't alter the Surface Mining Act. It seeks to preserve the status 
quo.
  I say to all of you who you are going to be down here asking us 
someday to help you save jobs in your State because of some outrageous 
action on the part of this administration--and some of you have done 
that already--we need your help. We need your help. This is an 
extraordinarily important vote to our States. The honest, hard-working 
people who make their living in the mines are under assault by this 
administration, and we would like to call a halt to it. We hope we will 
have your help in doing that.
  Let me conclude by thanking again the Senator from West Virginia for 
his extraordinary leadership on this important issue to his State and 
to my State and, frankly, we believe, to a whole lot of other States 
because the principle is very sound. We call on our colleagues from the 
West--even those of us who have been voting with you over the years 
weren't quite sure what it was all about, but we have figured it out. 
This whole thing is moving its way east. We need your help.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The distinguished Senator from Idaho is 
recognized.

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