MINING RECLAMATION Jordan Long

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