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The Surface Mining Con- Trol and Reclamation Act of 1977: a 30Th Anniversary Review

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The Surface Mining Con- Trol and Reclamation Act of 1977: a 30Th Anniversary Review THE SURFACE MINING CON- TROL AND RECLAMATION ACT OF 1977: A 30TH ANNIVERSARY REVIEW OVERSIGHT HEARING BEFORE THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION Wednesday, July 25, 2007 Serial No. 110-36 Printed for the use of the Committee on Natural Resources ( Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html or Committee address: http://resourcescommittee.house.gov U.S. GOVERNMENT PRINTING OFFICE 37-013 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 09:59 Jan 10, 2008 Jkt 098700 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 L:\DOCS\37013.TXT Hresour1 PsN: KATHY COMMITTEE ON NATURAL RESOURCES NICK J. RAHALL II, West Virginia, Chairman DON YOUNG, Alaska, Ranking Republican Member Dale E. Kildee, Michigan Jim Saxton, New Jersey Eni F.H. Faleomavaega, American Samoa Elton Gallegly, California Neil Abercrombie, Hawaii John J. Duncan, Jr., Tennessee Solomon P. Ortiz, Texas Wayne T. Gilchrest, Maryland Frank Pallone, Jr., New Jersey Chris Cannon, Utah Donna M. Christensen, Virgin Islands Thomas G. Tancredo, Colorado Grace F. Napolitano, California Jeff Flake, Arizona Rush D. Holt, New Jersey Stevan Pearce, New Mexico Rau´ l M. Grijalva, Arizona Henry E. Brown, Jr., South Carolina Madeleine Z. Bordallo, Guam Luis G. Fortun˜ o, Puerto Rico Jim Costa, California Cathy McMorris Rodgers, Washington Dan Boren, Oklahoma Bobby Jindal, Louisiana John P. Sarbanes, Maryland Louie Gohmert, Texas George Miller, California Tom Cole, Oklahoma Edward J. Markey, Massachusetts Rob Bishop, Utah Peter A. DeFazio, Oregon Bill Shuster, Pennsylvania Maurice D. Hinchey, New York Dean Heller, Nevada Patrick J. Kennedy, Rhode Island Bill Sali, Idaho Ron Kind, Wisconsin Doug Lamborn, Colorado Lois Capps, California Mary Fallin, Oklahoma Jay Inslee, Washington Kevin McCarthy, California Mark Udall, Colorado Joe Baca, California Hilda L. Solis, California Stephanie Herseth Sandlin, South Dakota Heath Shuler, North Carolina James H. Zoia, Chief of Staff Jeffrey P. Petrich, Chief Counsel Lloyd Jones, Republican Staff Director Lisa Pittman, Republican Chief Counsel (II) VerDate 0ct 09 2002 09:59 Jan 10, 2008 Jkt 098700 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 L:\DOCS\37013.TXT Hresour1 PsN: KATHY CONTENTS Page Hearing held on Wednesday, July 25, 2007 .......................................................... 1 Statement of Members: Duncan, Hon. John J., Jr., a Representative in Congress from the State of Tennessee .................................................................................................. 5 Pearce, Hon. Stevan, a Representative in Congress from the State of New Mexico ................................................................................................... 3 Rahall, Hon. Nick J., II, a Representative in Congress from the State of West Virginia ............................................................................................ 1 Statement of Witnesses: Bandy, Earl, Chief, Applicant Violator System Office, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, Washington, D.C. .......................................................................................... 9 Prepared statement of ............................................................................... 10 Conrad, Gregory E., Executive Director, Interstate Mining Compact Commission, Herndon,Virginia .................................................................... 23 Prepared statement of ............................................................................... 26 Additional information submitted for the record .................................... 34 Corra, John, Director, Wyoming Department of Environmental Quality, Cheyenne, Wyoming ..................................................................................... 85 Prepared statement of ............................................................................... 87 Fry, Eric, Director of Regulatory Services, Peabody Coal Company, St. Louis, Missouri, on behalf of the Illinois Coal Association ................. 202 Husted, John F., President, Deputy Chief, Division of Mineral Resources Management, Ohio Department of Natural Resources, Columbus, Ohio . 68 Prepared statement of ............................................................................... 70 Loomis, Marion, Executive Director, Wyoming Mining Association, Cheyenne, Wyoming ..................................................................................... 207 Prepared statement of ............................................................................... 210 Lovett, Joe, Executive Director, Appalachian Center for the Economy and the Environment, Lewisburg, West Virginia ...................................... 127 Prepared statement of ............................................................................... 128 Morris, Walton D., Jr., Attorney-at-Law, Charlottesville, Virginia ............. 115 Prepared statement of ............................................................................... 116 Response to questions and attachments submitted for the record ........ 121 Owens, Glenda H., Deputy Director, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, Washington, D.C. .......................................................................................... 9 Pfister, Ellen, Shepherd, Montana, on behalf of the Northern Plains Resource Council and the Western Organization of Resource Councils ... 141 Prepared statement of ............................................................................... 143 Quinn, Harold P., Jr., Senior Vice President and General Counsel, Legal & Regulatory Affairs, The National Mining Association, Washington, D.C. ................................................................................................................ 158 Prepared statement of ............................................................................... 161 Raney, William B., President, West Virginia Coal Association, Charleston, West Virginia ................................................................................................ 167 Prepared statement of ............................................................................... 168 Additional information submitted for the record .................................... 172 Roberts, Cecil E., President, United Mine Workers of America, Fairfax, Virginia .......................................................................................................... 101 Prepared statement of ............................................................................... 103 (III) VerDate 0ct 09 2002 09:59 Jan 10, 2008 Jkt 098700 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 L:\DOCS\37013.TXT Hresour1 PsN: KATHY IV Page Statement of Witnesses—Continued Timmermeyer, Stephanie R., Cabinet Secretary, West Virginia Department of Environmental Protection, Charleston, West Virginia ..... 63 Prepared statement of ............................................................................... 65 Wright, Brian, Coal Policy Director, Hoosier Environmental Council, Indianapolis, Indiana .................................................................................... 132 Prepared statement of ............................................................................... 135 Additional materials supplied: Bird, Cathie, Chair, Save Our Cumberland Mountains, on behalf of the members of SOCM Stripmine Issues Committee, Letter submitted for the record ....................................................................................................... 218 Blumenshine, Joyce, Peoria, Illinois, Letter submitted for the record ......... 222 Bonds, Julia, Rock Creek, West Virginia, Letter submitted for the record . 225 Braverman, Beverly, Executive Director, Mountain Watershed Association, Letter submitted for the record .............................................. 229 Haltom, Vernon, Co-Director, Coal River Mountain Watch, Letter submitted for the record ............................................................................... 285 Johnson, Robert L., PE, Collinsville, Illinois, Letter submitted for the record ............................................................................................................. 288 Loucks, Clarence, Hillsboro, Illinois, Letter and attachments submitted for the record ................................................................................................. 292 Wall Street Journal article entitled, ‘‘Coal’s Doubters Block New Wave of Power Plants’’ submitted for the record by Congressman Pearce ........ 6 Webb, David, Naoma, West Virginia, Letter submitted for the record ........ 303 Yarbrough, Ronald E., Ph.D., PG, Professor Emeritus, Earth Sciences, Southern Illinois University, Comments submitted for the record .......... 305 Yingling, Mark R., Vice President of Environmental Services and Conservancy, Representing Peabody Energy and the Illinois Coal Association, Statement submitted for the record ....................................... 204 VerDate 0ct 09 2002 09:59 Jan 10, 2008 Jkt 098700 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 L:\DOCS\37013.TXT Hresour1 PsN: KATHY OVERSIGHT HEARING ON ‘‘THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977: A 30TH ANNIVERSARY
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