[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6877-H6878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CALLING FOR FULL APPROPRIATION OF STATE AND TRIBAL SHARES OF ABANDONED 
                         MINE RECLAMATION FUND

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 425) calling for the full 
appropriation of the State and tribal shares of the Abandoned Mine 
Reclamation Fund.
  The Clerk read as follows:

                            H. Con. Res. 425

       Whereas the Surface Mining Control and Reclamation Act of 
     1977 (33 U.S.C. 1201 et seq.) created the Abandoned Mine 
     Reclamation Fund capitalized with a reclamation fee assessed 
     on every ton of domestic coal production, for the purposes of 
     protecting the environment by restoring lands and waters 
     adversely affected by past mining practices;
       Whereas under the Act, each State and Indian tribe having a 
     federally approved abandoned mine reclamation program is to 
     be allocated 50 percent of the reclamation fees collected in 
     such State, or collected with respect to Indian lands under 
     the jurisdiction of such tribe, respectively, subject to 
     appropriations;
       Whereas by the end of March 2002, $6,400,000,000 in 
     reclamation fees had been deposited into the Abandoned Mine 
     Reclamation Fund, but only $5,000,000,000 had been 
     appropriated from the fund, leaving an unappropriated balance 
     of $1,400,000,000;
       Whereas by the end of March 2002, the State and tribal 
     share of the unappropriated balance in the Abandoned Mine 
     Reclamation Fund was $876,000,000;
       Whereas--
       (1) the State of Alabama should have received $15,000,000 
     of the unappropriated balance in the Abandoned Mine 
     Reclamation Fund;
       (2) the State of Alaska should have received $1,800,000 of 
     such unappropriated balance;
       (3) the State of Arkansas should have received $4,000 of 
     such unappropriated balance;
       (4) the State of Colorado should have received $19,300,000 
     of such unappropriated balance;
       (5) the State of Illinois should have received $26,000,000 
     of such unappropriated balance;
       (6) the State of Iowa should have received $38,000 of such 
     unappropriated balance;
       (7) the State of Kansas should have received $393,000 of 
     such unappropriated balance;
       (8) the State of Kentucky should have received $109,800,000 
     of such unappropriated balance;
       (9) the State of Louisiana should have received $1,100,000 
     of such unappropriated balance;
       (10) the State of Maryland should have received $2,600,000 
     of such unappropriated balance;
       (11) the State of Missouri should have received $901,000 of 
     such unappropriated balance;
       (12) the State of Montana should have received $39,800,000 
     of such unappropriated balance;
       (13) the State of New Mexico should have received 
     $18,200,200 of such unappropriated balance;
       (14) the State of North Dakota should have received 
     $10,200,000 of such unappropriated balance;
       (15) the State of Ohio should have received $21,500,000 of 
     such unappropriated balance;
       (16) the State of Oklahoma should have received $1,900,000 
     of such unappropriated balance;
       (17) the State of Pennsylvania should have received 
     $51,600,000 of such unappropriated balance;
       (18) the State of Texas should have received $17,300,000 of 
     such unappropriated balance;
       (19) the State of Utah should have received $12,300,000 of 
     such unappropriated balance;
       (20) the State of Virginia should have received $23,200,000 
     of such unappropriated balance;
       (21) the State of West Virginia should have received 
     $107,400,000 of such unappropriated balance;
       (22) the State of Wyoming should have received $323,900,000 
     of such unappropriated balance;
       (23) the Crow Tribe should have received $6,200,000 
     unappropriated balance;
       (24) the Hopi Tribe should have received $4,700,000 
     unappropriated balance;
       (25) the Navajo Tribe should have received $26,000,000 
     unappropriated balance; and
       Whereas such States and tribes are being denied the use of 
     the unappropriated balance in the Abandoned Mine Reclamation 
     Fund for the benefit of their citizenry and their 
     environment: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Federal budget for fiscal year 2004 
     should keep faith with the goals of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) 
     by providing to eligible States and Indian tribes their 
     lawful share of the unappropriated balance in the Abandoned 
     Mine Reclamation Fund so that they may further protect and 
     enhance the environments of their States and tribal lands.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, House Concurrent Resolution 425 encourages the 
administration to pay down the debt owed to 25 States and Indian tribes 
as part of their share to the Abandoned Mine Reclamation Fund, or AMR 
Fund.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, we support this resolution.
  Mr. GEKAS. Mr. Speaker, as an original cosponsor of H. Con. Res. 425, 
I rise today to support its passage and to highlight the problem of 
abandoned mines in the Commonwealth of Pennsylvania.
  The industrialization of the United States was fueled largely by 
Pennsylvania coal. Today, the Commonwealth still bears the scars from 
centuries of mining. Acid discharge still pollutes our streams and 
abandoned strip mines still make parts of Pennsylvania look like a 
lunar landscape. It is sad to see our environment in such a state but 
it is even more tragic that these abandoned mines pose a serious threat 
to the general public. So far this year, 26 people have died as a 
result of accidents at abandoned mine sites. Since January 2000, 78 
individuals have died at abandoned mine sites. From hunters who have 
stumbled off rock faces to the youth who drown to the nine miners who 
were rescued from the Quecreek Mine after their mine was flooded by an 
adjacent abandoned mine, we in Pennsylvania know all too well the 
dangers these abandoned mines pose.
  I applaud the gentlewoman from Wyoming, Mrs. Cubin, for introducing 
H. Con. Res. 425, and my many colleagues from Pennsylvania for 
cosponsoring it. The Abandoned Mine Land Trust Fund was created to 
erase the scars that mining has left and the Federal budget for FY 2004 
should keep faith with the goals of the Surface Mining Control and 
Reclamation Act of 1977 by providing to eligible states their share of 
the unappropriated balance in the fund so that they may further protect 
and enhance the environments of their states. Pennsylvania is 
essentially owed $51.6 million from the fund and has more abandoned 
mines yet to be reclaimed than any other state.

[[Page H6878]]

  On August 22 of this year I toured the Keim Tunnel in Dauphin County, 
one of the many abandoned mines in my district. I saw the effects it 
has on nearby streams and the potential dangers it poses to the public. 
In the past I have always advocated that Pennsylvania receive its full 
share of the Abandoned Mine Land Trust Fund. I will continue this 
important work and I genuinely hope that the passage of H. Con. Res. 
425 will bring us one step closer to this goal.
  Mr. Speaker, as we consider H. Con. Res. 425 today, we must also 
remember that in the very near future we will be debating the 
reauthorization of the Abandoned Mine Land Trust Fund. I hope that when 
that time arises Members of Congress from mining states, current and 
past, and non-mining states can get together and once and for all come 
up with a way to get abandoned mines in states like Pennsylvania 
cleaned up immediately. We owe this not only to our environment which 
has been scarred but also to the many people who have been killed or 
injured as a direct result of these abandoned mines.
  Mr. RAHALL. Mr. Speaker, I join in the support of this resolution.
  It is no secret that for many years I have worked to liberate the 
unspent balance in the Abandoned Mine Reclamation Fund for its intended 
purpose. And that is, the restoration of abandoned coal mines sites 
which pose a threat to human health, safety and the environment of 
coalfield residents.
  The program has enjoyed success, to date, $1.4 billion worth of 
public health and safety coal related problems have been addressed. 
Yet, at the same time, there exists an unspent balance in the fund of 
an estimated $1.9 billion as of the end of fiscal year 2002.
  The expenditure of these funds is certainly need. There remains about 
$2.8 billion or so worth of outstanding high priority problems.
  While record keeping is sporadic, just last week the New York Times 
reported there have been 78 deaths in abandoned or inactive mines since 
January 2000, including 26 this year.
  And the West Virginia Charleston Gazette noted in an September 13th 
editorial: ``If West Virginia could simply get its share of the $1.4 
billion locked up in the Abandoned Mine Lands reclamation fund, 
hundreds, if not thousands, of miners oculd be put to work cleaning up 
the industry's past messes.''
  It should be noted that this fund is not financed by general taxpayer 
dollars, but rather, from a fee assessed on every ton of mined coal. 
Yet, to date, both the Administration and the Congress have failed to 
keep faith to the coal producing States by making this money available 
on a more sufficient basis.
  I thank the gentlelady from Wyoming, the author of this resolution, 
for her efforts in this matter.
  I urge all Members with an interest in this issue to work with this 
gentleman from West Virginia to press for greater appropriations from 
the Abandoned Mine Reclamation Fund.
  Mr. KANJORSKI. Mr. Speaker, I rise today to speak in favor of and 
express my strong support for House Concurrent Resolution 425, which 
the gentlelady from Wyoming, Congresswoman Barbara Cubin, introduced. I 
am pleased to be an original cosponsor of this important legislation.
  Although more than $1.5 billion collected from coal producers and 
dedicated for cleaning up our Nation's abandoned coal mine sites is 
currently available for reclamation projects in Pennsylvania and 
throughout the United States, these funds sit unappropriated in the 
Abandoned Mine Land Trust Fund. As a result, we are needlessly 
postponing important reclamation work so that the federal government's 
bookkeepers can offset other expenditures from the Federal budget.
  In fiscal 2002, Congress appropriated $203.5 million for abandoned 
mine land reclamation projects nationwide. For fiscal 2003, however, 
the Administration has requested just $175.5 million for this critical 
program, a cut of almost 14 percent. With an estimated total cost of 
abandoned coal land reclamation at $20 billion, we need to do more to 
fix this problem.
  Past coal mining practices have had a devastating effect on the 
environment and the economic potential of our Nation. Additionally, 
this problem is widespread. In fact, more than 120 congressional 
districts in 27 states, represented by both political parties, are 
affected by the problem of abandoned mines. At the current rate of 
expenditures for mine land cleanup, however, some of our Nation's 
abandoned coal land areas will remain unreclaimed 200 years from now. 
That is wrong.
  To fix this problem, House Concurrent Resolution 425 would ensure 
that the goals of the Surface Mining Control and Reclamation Act of 
1977 are met by providing the States with their lawful share of the 
unappropriated balance of the Abandoned Mine Land Trust Fund. States 
need these funds to revitalize their economies, restore their 
environments, and protect the safety of their citizens. I therefore 
commend Congresswoman Cubin for helping to bring this legislation to 
the Floor.
  In addition to cosponsoring this important resolution, I have 
introduced a bill to establish an alternative to the trust fund. H.R. 
3218, the Abandoned Mine Land Area Redevelopment Act would provide 
capital to fund the health, safety, and environmental restoration and 
economic redevelopment of abandoned coal mine land areas.
  More specifically, my bill would allow for comprehensive regional 
cleanup efforts without reliance on federal appropriations by 
authorizing a qualified entity to issue special tax credit bonds. 
Holders of the Abandoned Mine Land Area Redevelopment Bonds would 
receive a federal tax credit in lieu of interest. Regions afflicted by 
abandoned coal lands would then use the proceeds from the sale of the 
bonds to design, undertake, and oversee a reclamation and redevelopment 
plan.
  As we have heard today, while the Abandoned Mine Land Trust Fund 
provides much-needed resources for redeveloping areas devastated by 
coal mining, these funds have proven insufficient to address all of 
health, safety, and environmental problems of abandoned mine land 
areas. The tax credit system established by my bill would result in the 
complete restoration of our Nation's abandoned coal land areas in 
roughly 30 years.
  In closing, Mr. Speaker, I again thank Congresswoman Cubin for 
introducing House Concurrent Resolution 425, and I encourage my 
colleagues to support this legislation to help our Nation's mining 
communities. I also look forward to working with her and my other 
colleagues to consider other innovative solutions like the Abandoned 
Mine Land Area Redevelopment Act for addressing this long-standing 
problem in the near future.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
agree to the concurrent resolution, House Concurrent Resolution 425.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution was 
agreed to.
  A motion to reconsider was laid on the table.

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