Archived Story

Abandoned mine money belongs to the states - Tuesday, Dec. 11, 2007

SUMMARY: Bureaucracy shouldn't hold up money to clean up waste.

Following many years of relentless prodding from a number of states, our federal government finally produced an Abandoned Mine Land program that would release millions of dollars so these states can clean up some of their abandoned mines.

Only to have the money tied up in bureaucracy once more.

We probably shouldn't be surprised; government actions are usually frustratingly slow, complicated and inefficient, especially at the federal level. But this legislation seemed like such a clear-cut deal, we were caught off guard by the unexpected - and unnecessary - holdup.

See, thousands of abandoned mines are scattered around the nation, and many of them are significant sources of ongoing pollution. Most people agree they need to be cleaned up, and the sooner, the better.

Coal-producing companies pay special fees designated for just this purpose. The Office of Surface Mining Reclamation and Enforcement, which is part of the Department of Interior, collects 35 cents per ton of surface-mined coal, 15 cents per ton of coal mined underground and 10 cents per ton of lignite on all active mining operations. This money goes into an interest-bearing account reserved for Abandoned Mine Land projects.

However, this fund doesn't provide enough money to cover the full costs of reclamation on every site that needs it. It's up to the 26 states and American Indian tribes that have AML programs to decide how best to spend the limited funds they're entitled to. As the state that produces the most coal, Wyoming is supposed to receive the largest portion of these taxes. Currently, that's about $580 million. Montana's share is $58 million.

But the Interior Department isn't about to just hand the money over. No, it's saying that states and tribes must first apply for a line of credit from the department, which will then distribute the money for projects as it approves their applications.

This despite the fact that the money already technically belongs to the states.

Apparently, the department just couldn't resist the opportunity to create more paperwork and further delay what should have been a relatively expedient process.

So it's back to Congress we go. Montana Sen. Jon Tester is joining several members of Wyoming's congressional delegation to write up new legislation expressly stating that the Abandoned Mine Land money does indeed belong to the states and should be distributed to them at once - without forcing them jump through any additional hoops.

We wish them luck ironing out this unnecessary bureaucratic wrinkle, and look forward to the day Montana can use its share of the money to help make the state a little cleaner.


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