MINING RECLAMATION
Jordan Long
Jrdn_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
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•
•
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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