Abandoned Mine Posts

By Keith Pitzer, President Eastern Coal Regional Roundtable

(Editors’ Note: The Eastern Coal Regional Roundtable, based in Mullens, WV, is a 501(c)3 non-profit organization that provides informational resources to watershed groups throughout the Appalachian coal region so they can more effectively deal with environmental challenges. ECRR serves mine scarred watersheds through training, capacity building and providing a collective voice for underserved communities seeking to restore the well being of their citizens and environment.  Keith also serves as executive director for Friends of the Cheat, a very successful watershed group in northern West Virginia grappling with massive amounts of acid mine drainage in an otherwise magnificent watershed.)

For 10 years, the Watershed Cooperative Agreement Program (WCAP), a source of funding for Acid Mine Drainage (AMD) projects provided though the U.S. Office of Surface Mining (OSM), has provided valuable complimentary funds for non-profits doing water treatment projects to clean up AMD. By only being available to non-profits groups, typically local watershed groups, WCAP ensures locally driven stakeholder supported projects that leverage additional monies from other federal programs. WCAP funds are made possible through the Surface Mining Control and Reclamation Act (SMCRA).

The annual Federal Appropriations Bill is part of the mechanism by which WCAP gets funded. In the past, Federal Appropriations Bills contained language which expressly stated that WCAP funds could be used as matching funds for any other federal grant source however, in recent years, that hasn’t been the case. The Fiscal Year (FY) 08 Appropriations Bill did not include the explicit language necessary to allow this match and for the FY 09 Appropriations Bill currently being considered, we understand that it has again, not been inserted. We understand that this has been an oversight, but one that needs to be corrected. Immediate action at the congressional level will be needed to do so.

Specific language must be inserted into the FY 09 Federal Appropriations Bill to allow WCAP funds to be used as non-federal match where other federal grant programs are involved (Note: by default, federal money is not allowed to be used as a match for other federal money).

There are two potential outcomes if we don’t take action:

1. Fewer organizations will be able to use WCAP because it won’t be able to serve as match for other vital federal funding. This will result in fewer projects being put on the ground

2. If fewer organizations use WCAP funds, then this gives the appropriators the impression that WCAP is a program that’s not needed.

WCAP funds are needed and we must take action now to ensure that WCAP can be used as match for federal funding.

What Can You Do?

The fix itself is relatively simple but we need to act now. It is imperative to have the following language inserted in the FY09 and all future appropriations bills to allow the match exemption:

Provided further, That funds made available under title IV of Public Law 95-87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act.

The language above is identical to what was used in prior appropriation bills.

Our Congressional Representatives and U.S. Senators Can Help

Contact your U.S. Representative and Senators about this important issue. A sample letter is given below along with the link that will take you to the contact information page of the US Congress.

Dear [Insert appropriate Senator or Congressman Name]:

An oversight in the FY 09 Appropriations Bill language has resulted in the emasculation of the Watershed Cooperative Agreement Program (WCAP).  That program provides much needed matching funds for Acid Mine Drainge (AMD) abatement projects throughout the coal regions.  An explicit exception in past annual Federal Appropriations Bills has traditionally allowed WCAP funds to be used as matches to other federal grants programs for the purpose of cleaning up AMD. If WCAP funds are not able to be used in this fashion, then local grassroots organizations will not be able to utilize other federal funds. To remedy this situation, the following text must be inserted in the FY 09 Appropriations Bill and all future Appropriations Bills:

Provided further, That funds made available under title IV of Public Law 95-87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to   treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act.

Having this language inserted into the FY 09 Appropriations Bill and all future Appropriations Bills will ensure that grassroots environmental groups can continue to make wise use of funding sources and clean up streams impacted by AMD.

Respectfully,

(Your Name Here)

How To Contact Your Representative And Senators

• To email any U.S. Representative, visit http://www.house.gov/ and click on the link “Write Your Representative” on the left hand side.
• For contact information for U.S. Senators, visit http://www.senate.gov/general/contact_information/senators_cfm.cfm and choose your State from the box at the top of the page.

Learn More About The Watershed Cooperative Agreement Program

• To find out more about OSM’s Watershed Cooperative Agreement Program, contact your regional OSM office or click here to view the WCAP application process in the Federal Assistance Manual.