MINING RECLAMATION

Jordan LongJrdn_long@yahoo.com

SMCRA

• The Surface Mining Control and Reclamation Act (SMCRA) was passed by Congress in 1977 to regulate the environmental effects of coal mining.

• Coal as an energy sources v. protecting the environment.

• Reclamation is the cleanup and rehabilitation of abandoned mine lands

PROVISIONS

• Sets up the Office for Surface Mining (OSM)• Gives enforcement power to the states• Establishes Abandoned Mine Lands Fund• Requires companies to get mining permits and

reclamation bonds

COOPERATIVE FEDERALISM

• SMCRA utilizes a “cooperative federalism” approach to achieve its goal.

• However, there is still some continued oversight by the federal agency with jurisdiction.

• Does the federal government ever federalize a plan?

SMCRA BONDS

• Two requirements: submit a plan and post a bond

• The United States Office of Surface Mining and Reclamation Enforcement’s (“OSM’s”) recognize three categories of bonds– Corporate Surety Bonds– Collateral Bonds– Self Bonds

PROBLEMS IN THE ACT

• Cooperative federalism presents a problem in implementing a bonding scheme in many states– Ohio – states are given too much latitude and the

federal government has not stepped in– West Virginia – it all comes back to total funding

in West Virginia

PROBLEMS IN THE ACT

• What can be done to fix this problem of cooperative federalism?

• Do the bonds adequately address long term pollution?– What is being done in Ohio?– In West Virginia?

PROBLEMS IN THE EAST AND WEST

• In September of this year, a major coal mine land reclamation project in Central North Dakota is being abandoned over a dispute about how much a contractor should be paid.

• In West Virginia reclamation efforts done by mining companies results in barren hillsides with sparse grass

WHERE ARE THE TREES?

WHAT ABOUT THE SLUDGE?

MORE PROBLEMS

• Reclamation has traditionally focused on stabilizing rock formations and controlling for erosion, and not for reforestation of the affected area.

• So forest areas that mine like in the Appalachian Mountains, biodiversity has suffered

• However, if companies in Appalachia use the Forestry Reclamation Approach (FRA) would it help?

FRA

• The Appalachian Regional Reforestation Initiative (ARRI) outlines a plan to reforest mountain top mines

• FRA provides information on how coal companies can cost efficiently reforest the rough, rocky, and steep terrain of Appalachia with hardwood trees

FRA

CONCLUSIONS

• Coal is needed for energy but what are some solutions that best protects the environment?

• SMCRA is a stringent act on its face, but the federal oversight needs to be tightened to achieve its goals

• Bonds need to account for all the problems encountered in reclamation. As of now they are set too low

CONCLUSION cont.

• The land needs to be reclaimed in accordance with the natural surrounding land if it is feasible