PAGENO="0001" 7C2J~ ()~~ ~ } COMMITTEE PRINT ~- THE ISSUES RELATED TO1 SURFACE MININQ A SUMMARY REVIEW, WITH SELECTED READINGS PREPARED AT THE REQUEST OF HENRY M. JACKSON, Chairman COMMITTEE ON INTERIOR AND INSULAR AFFAIRS UNITED STATES SENATE PURSUANT TO S. Res. 45 A NATIONAL FUELS AND ENERGY POLICY STUDY Serial No. 92-10 RUTGERS LAW SCHOOi LIBRARY ~, N. J. 08102 DOCUM ENT DECEMBER 1971 Printed for the use of the Committee on Interior and Insular Affairs U.S. GOVERNMENT PRINTING OFFICE 69-142 0 WASHINGTON: 1971 H / PAGENO="0002" ~`1L COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HENRY M. JACKSON, Washington, Chairman CLINTON P. ANDERSON, New Mexico GORDON ALLOTT, Colorado ALAN BIBLE, Nevada LEN B. JORDAN, Idaho FRANK CHURCH, Idaho PAUL J. FANNIN, Arizona FRANK E. MOSS, Utah CLIFFORD P. HANSEN, Wyoming QUENTIN N. BURDICK, North Dakota MARK 0. HATFIELD, Oregon GEORGE McGOVERN, South Dakota TED STEVENS, Alaska LEE METCALF, Montana HENRY BELLMON, Oklahoma MIKE GRAVEL, Alaska Ex Officio Members Pursuant to Section 3 of Senate J?esolution~ 45 COMMITTEE ON COMMERCE WARREN G. MAGNUSON, Washlngton~ Chairman NORRIS COTTON, New Hampshire COMMITTEE ON PUBLIC WORKS JENNINGS RANDOLPH, West Virginia, Chairman JOHN SHERMAN COOPER, Kentucky JOINT COMMITTEE ON AToMIC ENERGY ALAN BIBLE, Nevada HOWARD II. BAKER, JR., Tennessee 1 t JERRY T. VERKLER, Stgff Director WILLiAM J~ VAN ~ES$,~ ~t14' ~ti4r~e~jor and Chief Counsel D~NiEL A. ]iREYYU5, Professional Staff Member . TAFE~Øt~ ~o~uvesel C~ias'~bóo~, M(noritil Counsel HARRY PERRY, Senior Specialist, Congressional Research Service, Library of Congress (XI) PAGENO="0003" CONTENTS Page Memorandum of the chairman v Letter of transmittal vii Introduction 1 Key issues in surface mining from the literature 1 Salient statistics on surface mining of coal in the United States (table) 2 The issues from the hearings 7 A comparison of selecting provisions of pending bills (table) 16 SELECTED READINGS General 19 Coal Rush Is On, Ben A. Franklin 19 Strip Coal on Way in Montana, Christian Science Monitor 25 The Strip Mining of America, Wayne Davis 26 The Surface Mining Issue: A Reasoned Response, Coal Age 29 Crash Campaign-Television Commercials Help Defeat Surface Mine Abolition Push in West Virginia, Roy Alexander 33 Ecoethics, Environmental Politics and Miner-Devils, Earl Cook 36 Natural Resources and Energy Requirements 45 Technological Trends in the Mineral Industries, John L. Morning - - - 45 Mineral Facts and Problems: Introduction, Warren E. Morrison and Robert E. Johnson, Jr 55 Mineral Facts and Problems: Energy Resources 68 Remarks by Rogers C. B. Morton to Interstate Mining Commission, October21, 1971 77 National CoalAssociation Press Release, September 16, 1971 78 Fact Sheet on U.S. Surface Mined Coal in 1970, National Coal Association 81 Let's Look Toward an Early End of Strip Mining, Richard Star~ies 83 SocialCostsofEnergy,JamesJ.MacKenzie 86 EnvironmentalEffects 91 Basic Disturbances, U.S. Department of Interior 91 Pollution of the Landscape, Samuel M. Brock 94 Hydrologic Effects of Strip Mining West of Appalachia, D. J. Ceder- strom 98 Effects of Strip Mining on Basin in Kentucky Reported, U.S. Geological Survey 103 Mining Ore With MinimalDamage to NaturalBeauty, Robert Cahn - - - 106 New Henderson Mine, DickProuty 108 Threat at Frostburg State, Lee Flor 110 Economics 113 National CoalAssociation Press Release, September 19, 197L.. 113 Strip Mine Reclamation and Economic Analysis, David B. Brooks. - - - 116 A Measurement of the External Diseconomies Associated With Bituminous Coal Surface Mining, Eastern Kentucky, 1962-1967, Herbert Howard 148 Strip Mining and Black Mesa, Arizona Republic 174 Coal Is Bringing Prosperity to Black Mesa, John J. Harrigan 174 Effect of Wilderness Policy on Exploration Activities, J. H. La Grange - 176 Reclamation 183 Hiding The Scars, Everett Groseclose 183 Restoring Surface-Mined Land, U.S. Department of Agriculture. - - - 187 After the Mining. . . Useful Land, Darnell M. Whitt 207 Western Mining's Land Restoration Efforts, Edward H. Peplow, Jr. - 211 Mined-Land Conservation, January-February, 1971 217 Reclamation at Big Horn Mine, J. F. Ralli 221 Ravaged Land: High Price for Cheap Coal, William Steif 223 What the Advertising Doesn't Tell, Ernest B. Furgurson 225 Taming The Strip-Mine Monster, Edmund Faltermayer - - - 226 Strip-Mining Reclamation Requirements in Montana-A Critique, Sandra lVfuckleston 228 (III) PAGENO="0004" Iv STATE~FEDERAL RELATIONSHIP Page Introduction 237 Consitutional basis for government regulation of mining activities on private land (memorandum from American Law Division, congressional research service) 238 Summary of State Surface Mining and Mined Land Reclamation Laws (prepared by Department of the Interior) 240 Highlights of pending Senate bills: S. 77 249 S.630 249 5, 993, S. 1176 250 5. 1160 251 S. 1240 251 S.1498 251 5. 2455 252 5. 2727 253 5. 2777 253 5.3000 254 PAGENO="0005" MEMORANDUM OF THE CHAIRMAN To members and ex officio members of the Senate Committee on Interior and Insular Affairs, pursuant to Senate Resolution 45, a national fuels and energy policy study The decisions and the management philosophy underlying the uses we make of the Nation's limited land and mineral resource base-the endowment of present and future generations-have come to be viewed as a key element in determining the quality of the life of our Nation. Important progress has been made in many areas in recent years as a result of new Federal initiatives in the area of environmental man- agement, including the balancing and review process established by the National Environmental Policy Act of 1970. Concomitant with the goals declared in the National Environmental Policy Act are the goals of the National Mining and Minerals Policy Act of 1970 which states that the national interest is served by fostering and encouraging the development of an economically sound and stable domestic mining industry. The Senate Interior Committee has played an important role in awakening public interest in land use policy as the key institu- tional device for shaping the future, and in recognizing the goals of the National Mining and Minerals Policy Act as a part of that future. The series of hearings chaired by Senator Frank E. Moss, Chairman of the Subcommittee on Mining, Materials, and Fuels, on the pending legislative measures to control and regulate surface mining have served to focus national attention upon an important and integral part of our total land use considerations. The pending surface mining measures raise many important issues. Some relate to the sufficiency of the Nation's energy resource base and industrial system to provide environmentally clean energy in the form the public needs. Others concern problems of acid mine drainage, treatment of highwalls, the handling of refuse and overburden materials which are a source of pollution, and the bleak and barren landscapes which are too often left unreclaimed in the wake of surface mine operations. Too often overlooked and therefore usually not considered in discussions of surface mining regulation is the environmental impact of water pollution from underground mining, acid mine drainage, subsidence and ugly tailing piles. Of even more serious concern is the tragic and appallingly high loss of life and the intolerable accident rates associated with underground coal mining-the major alternative to surface coal mining practices. Many other issues associated with surface mine legislation are also of major policy significance. These include: Important questions as to Federal-State relationships and responsibilities; Who should pay the costs to correct past abuse; What Federal agency should administer the program; The timetable for implementation of Federal regulations; (V) PAGENO="0006" yr The consideration of sanetions for noncompliance; The adequacy of surface mine reclamation knowledge, tech- niques, and management practices; and The imposition of uniform Federal and/or State severance taxes. As a nation, we can no longer accept the social and environmental costs imposed by some past surface mining practices. These costs, estimated in 1967 at $1.2 billion, are real and pose a serious national problem. Their resolution will require a national policy that is bal- anced yet firm; that recognizes the widely different circumstances and problems involved in different kinds of mining operations and in differing regions across the land; that protects private as well as public lands from abuse; and that is capable of incorporating new technological concepts to improve environmental standards so that the social and environmental costs of surface mining are mitigated. Mr. George H. Siehl of the Environmental Policy Division of the Congressional Research Service, Library of Congress, at my request has prepared a report summarizing some of the major issues related to surface mining legislation and a compilation of excerpts from the current literature and the testimony from the hearings. This material will be of significant assistance to the committee and others in analyzing the issues presented in the pending bills. I have directed, therefore, that Mr. Siehi's paper be reproduced as a committee print so that it will be readily available to members of the committee and other interested parties. HENRY M. JACKSON, Chairman. PAGENO="0007" LETTER OF TRANSMITTAL THE LIBRARY OF CONGRESS, CONGRESSIONAL RESEARCH SERVICE, Washington, D C, December 27, 1971 Hon HENRY JACKSON, Chairman, Senate Committee on Interwr and Insular Affairs, U S Senate, Washington, D C Dear MR CHAIRMAN I am pleased to transmit herewith a report "The Issues Related to Surface Mining" prepared at your request by Mr George H Siehi, analyst in our Environmental Policy Division We have drawn these issues from a review of the extensive literature on the topic, and from hearings on surface mining proposals which were held by your committee on November 16 and 17, and Decem- ber 2, 1971. Also included is a selection of recent readings which illustrate in some detail the issues which have been identified Sincerely yours, LESTER S JAY5ON, Thrector (VII) PAGENO="0008" PAGENO="0009" THE ISSUES RELATED TO SURFACE MINING A SUMMARY REVIEW, WITH SELECTED READINGS Compiled by GEORGE H. SIEHL Environmental Policy Division Congressional Research Service Library of Congress at the Request of HENRY M. JACKSoN, Chairman Committee on Interior and Insular Affairs United States Senate December,. 1971 (IX) PAGENO="0010" PAGENO="0011" INTRODUCTION KEY IssuEs IN SURFACE MiNING FROM THE LITERATURE For a period of 30 years the Congress has had before it legislative proposals bearing on the recovery of various minerals by surface mining. A history of these bills was contained in a Committee Print issued earlier this year by this Committee.' Surface mining refers to the process of removing the soil, rock and other material which covers the mineral, e.g. strip mining, open cast mining, placer or hydraulic mining, quarrying, and dredging. A related method, used in the recovery of coal, is auger mining, a process in which large drills are used to bore horizontially into coal seams on hillsides. An Interior Department study, "Surface Mining and Our Environ- ment", has identified these advantages of surface mining methods: It makes possible the recovery of deposits which, for physical reasons, cannot be mined underground; provides safer working conflitions; usually results in a more complete recovery of the deposit; and, most significantly it is generally cheaper in terms of cost-per-unit of production. Surface mining is of great importance in our domestiè mining industry, as illustrated by recent remarks of Interior Secretary Morton to the Interstate Mining Compact Commission in which he noted: Surface mining in 1969 accounted for 94 percent of all domestic production of crude metallic and nonmetallic ores: 2.45 billion tons compared with 165 million tons from underground mines. Approximately 38 percent of all coal in 1969 came from surface mines. Pre- liminary data for 1970 indicates that this figure has risen sharply to 44 percent. On a comparison basis, surface mines in 1969 produced 218 million tons and 269 million tons in 1970. Underground mines produced 347 million tons in 1969 compared with 338 million tons in 1970. Only the sharp increase in surface-mined coal enabled the industry to meet demand last year. A more detailed picture is presented by the tables in the reader sec- tion of this Committee Print which show the production of various commodities by surface mining. Tables are included under the heading on Natural Resource and Energy Requirements. Another study has recently noted these characteristics of coal sur- face mining operations: In strip mining, output per man-day is roughly 100 percent higher than in under- ground mining, average recovery is 60 percent higher, and operating costs are 25- 30 percent lower. This report, "Stripping Coal Resources of the United States" by Paul Averitt of the U.S. Geological Survey shows the increased effi- ciency of recovery made possible by strip mining methods. A Penn- 1 Legislative Proposals Concerning Surface Mining of Coal. 92nd Congress. 1st Session, Committee on Interior and Insular Affairs, United States Senate. September 1, 1971. (1) PAGENO="0012" SALIENT STATISTICS ON SURFACE Production Number Quantity of (thousand State mines short tons) Surface mined land - Acreage Acreage disturbed reclaimed Percent of disturbed land reclaimed during year Alabama Alaska Arkansas Colorado Illinois Indiana Iowa Kansas Kentucky: Eastern Western Maryland Missouri Montana New Mexico North Dakota Ohio Oklahoma Pennsylvania: Bituminous Anthracite Tennessee Virginia Washington West Virginia Wyoming Total 4 2, 195 217,952 67, 163 57, 898 1 Data on acreage disturbed and acreage reclaimed compiled from Bureau of Mines form 0MB. No. 42-S70014. 2 Data not reported. 3 No State regulation on surface mining. 4 Data may not add to totals shown because of rounding. 2 sylvania anthracite field, for instance, saw only one-third recovery by underground mining years ago. In the 1920's and 1930's strip mining with small shovels increased the recovery. Now futrtly mined coal is being recovered by surface mining methods in pits as much as 400 feet deep. Averitt indicates that by 1980 the pits may reach a depth of 1,000 feet. Despite the magnitude and value of surface mining operations some Members of Congress and other concerned citizens feel the ad- verse environmental effects of surface mining are so severe in the case of coal that they seek a total ban on all coal strip mining. Other bills have sought to ensure a nationwide system of State, Federal or a com- bination of State and Federal control of surface mining which would, among other things, require the restoration of lands to be disturbed by surface mining. Some of the proposed bills provide reclamation of lands already disturbed. It was estimated that some 3.2 million acres had been disturbed by surface mining as of January 1, 1965. Of this total, some "two-thirds of the acreage (about 2.0 million) still require some remedial atten- tion", according to the 1967 Interior Department report. One serious deficiency in working with the problem of land reclama- tion is the lack of adequate current statistics on the amount of land disturbed and restored since the 1965 information was published. The Bureau of Mines, which compiles national mineral industry statistics has released the following figures only for 1969 and only for coal, although it is understood that later figures are being gathered and will be made available: 65 8,169 (2) 6 167 (3) (3) (2) 9 1,915 (`) (3) (3) 37 34,640 6,711 5,479 81.6 32 17,976 3,335 3,118 93.5 11 534 120 40 33.3 4 1,313 1,176 250 21.3 2~ ~ } 12,200 9,600 78.7 38 1,045 261 459 175.9 8 3, 299 (2) (2) (2) 5 995 31 33 106.5 3 3,636 250 100 40.0 20 4,704 330 140 42.4 276 32, 616 10,629 7,902 74. 3 8 1,722 1,674 1,441 86.1 602 22,592 11,774 9,298 79.0 174 4, 579 534 539 100.9 73 3,609 (2) (2) (2) 158 5,182 2,258 2,331 103.2 2 5 (2) (2) (2 340 19,388 15,711 17,117 108. 8 4,481 154 51 33.1 86.2 PAGENO="0013" 3 On the unreclaimed surface mined site there is destruction of the vegetative cover; the overburden is strewn upon adj acent lands; and surface and subsurface drainage patterns are altered. The 1967 Interior report notes these additional offsite damages: Stream and water-impoundment pollution from erosion and acid mine water; isolation of areas by steep highwalls; and, the impairment of natural beauty by the creation of unsightly spoil banks, rubbish dumps, and abandoned equipment. An important loss from unreclaimed lands is the fish and wildlife which the affected area would have supported in its natural condition. Only seven commodities have been identified as being responsible for 95 percent of the 5,000 square miles which have been disturbed by surface mining. They are: Percent Coal 41 Sand and gravel 26 Stone 8 percent, gold 6 percent, clay 3 percent, phosphate 6 percent, iron 5 percent 28 All others 05 These figures explain, perhaps, the prominence given to coal in the public discussion of problems related to surface mining. A contributing factor must also be the fact that coal mining is conducted largely in the East where it is visible to a larger portion of the population than is the case with Western mines which are primarily for metallic ores. Although the prime arguments over legislation to regulate surface mining are economic and environmental, there are a number of addi- tional points of controversy. These include the need for continuing supplies of minerals, particularly coal because of the current concern over energy supplies; and the effectiveness of reclamation procedures. The question of who shall administer regulation programs, and the safety of mine workers are also of concern. Briefly, the contentions over these matters are as follows. The energy crisis The Senate Interior Committee has been particularly cognizant of the mounting public concern over the continued availability of ade- quate energy supplies. Recent evidences of action in this matter are the establishment of a National Fuels and Energy Policy Study pursuant to Senate Resolution 45 of the 92nd Congress, action by the Committee on S. 1846, to develop an accelerated program of coal gasification, and a review of the Department of Interior's prototype leasing program for oil shale. Estimates of major energy sources in the period beyond the year 2000 indicate that fossil sources will decline in importance. Until that time, however, fossil fuels must be considered our primary energy source. Of those fossil fuels-coal, oil and gas-coal is the most abundant and the most accessible. The major use of coal is in the generation of electricity. The 1970 edition of Mineral Facts and Problems published by the Bureau of Mines notes: Increasingly, environmental and social considerations can be expected to con- strain the supply and limit the use of direct fuels to those that are nonpollutant. Land use and ecological considerations may restrict strippable coal supply. Environmentalists have advocated constraint in the use of energy generally, and strip mined coal in particular, on the theory that our current level of electrical power use is needlessly high. Power companies PAGENO="0014" 4 have also been criticized for extensive advertising to generate addi- tional consumer demand for power. Major portions of the U.S. coal reserves are recoverable only by surface mining techniques. Satis- faction of electric power demands without access to these coal deposits would add a new and significant dimension to the energy crisis. Our need for non-fuel minerals has been presented as largely a choice between surface mining for domestic reserves or dependence on foreign sources of supply. Interior Secretary Morton in his remarks to the Interstate Mining Commission declared: It is the surface mining industry that, in the future, will provide a strong domestic mineral supply base and prevent our dependence on foreign sources of mineral raw materials from becoming dangerously large or prohibitively expensive. Reclamation feasibility The capability adequately to restore surface mined lands using available technology is a matter which is still under debate. While industry has returned to productive use some thousands of acres of mined land, opponents claim that, in the main, these are simply "showcase" projects which are not representative of the vast majority of reclamation efforts. State-by-State statistics and examples of reclamation efforts by the coal industry in 1970 are contained in the reader portion of this document under the heading "Reclamation." Although existing State laws require land rehabilitation, opponents of surface mining have claimed that the requirements are not rigid enough to provide environmental protection, or that there is little or no enforcement of the provisions. Federal or State regulation A major question concerning the regulation of surface mining has been whether the Federal or State government should establish and operate the program. State regulation has been favored by the mining industry on the grounds that local unique conditions could be more easily recognized and built into the regulatory program. An overall Federal program, it was claimed, would be too inflexible and would work a disadvantage on some surface mining operations. Proponents of a Federal program criticize the lack of strong regula- tions and enforcement under State management. They cite as an additional argument that, with uniform nationwide standards and requirements, unscrupulous surface mine operators would not be able to move from State to State, in effect, "shopping" for the lowest standards of environmental protection. Wayne Davis wrote in his artich~ "The Stripmining of America": As the acceleration of stripmining proceeds, attempts to regulate it are frustrated. Although Kentucky has a fairly good mining reclamation law and some honest, conscientious people in the Division of Reclamation, law enforcement has broken down. An employee of the Division told me that during the summer of 1970 permits were issued to over 100 new operators. Since anyone who can borrow enough to get a bulldozer into operation can go into business and get rich now, there is a flood of new people into stripmining. The enforcement officer said that some of these inexperienced operators could not operate within the law even if trying to do so and spills of spoil onto public highways and into the streams are the result. PAGENO="0015" 5 Davis added: * * * we must have federal regulations of mining practices. Any local efforts to regulate this or any other industry encounter the standard and somewhat justified reply that regulation would put them at a disadvantage with their competitors in other states. Edmund Faltermayer has examined the strip mine reclamation requirements and operations in Pennsylvania, and in Life magazine expressed a strongly contrary opinion. After commenting on the several State and Federal proposals to ban strip mining of coal he writes: * * * It costs $1.50 a ton less, on the average, to strip coal than to send men into the bowels of the earth for it. That cost advantage is so great that strip- mining companes can afford to do some pretty fancy regrooming if they are made to do it. I know this is so, because I've been to Pennsylvania, a state which rigor- ously enforces its reclamation law, the toughest in the land. A lot of Pennsylvania companies are now going beyond what the law requires-replacing topsoil, for example. "They've really got religion on reclamation now," says William E Guckert, who runs the states' enforcement program. "But," he quickly adds, "they didn't get religion until we put the screws to them." Cynics will greet with disbelief the news that there is a state government any- where that puts the screws to the strip-mining industry. How it happened is worth telling. With more scarred acreage than any other state. Pennsylvania also has the country's biggest constituency of outdoorsmen to notice all the ruined terrain-1.1 million licensed hunters and 800,000 fishermen-and they know how to lobby. Both of these articles appear in their entirety in the later pages of this committee print. Several of the pending bills combine Federal and State roles in regulating surface mining. The Federal responsibility lies in formu- lating general guidelines within which the States are to develop and enforce reclamation programs. in the event a State does not do so, the Federal Government is empowered to develop and or administer a program deemed satisfactory by the Secretary of the interior. Worker safety An important social issue which had been discussed with regard to the relative merits of underground and surface mining is the health and safety of the miners. Mr. Harry Perry, Senior Specialist for the Congressional Research Service, has stated: * * * The fatality and injury rate in underground mines is much higher than for strip mines. In 1970 the fatality rate in underground mines was 1.17 per million man hours of exposure while it was only .64 for strip mines. If all coal stripping were banned and the fatality rates remained as they now are the conversion to all underground mining would indicate statistically 90 additional men killed in mining for 1970. Strip mine opponents have contended that rigorous enforcement of the 1969 Mine Health and Safety Act would do much to reduce the hazards of underground mining. PAGENO="0016" PAGENO="0017" THE ISSUES FRoM THE HEARINGS The hearings held by this Committee on November 16, 17 and December 2, 1971 developed a useful record on surface mine regula- tion. Witnesses provided new documentation of previously identified issues. In addressing themselves to the various legislative proposals before the Committee, witnesses raised additional questions and points of view. In order to review and analyze the issues, representative statements from the hearings have been selected and grouped in this section. First, those issues identified earlier in this document are listed. Following these are the points newly identified during the hearings. Coal, once again, was the commodity most discussed. The extent of that discussion is reflected in the accompanying excerpts. Surface mining was defended on economic grounds. Cannelton Coal Company president Paul Morton noted the efficiency of surface mining when he testified: I sincerely believe that the surface mining method of extracting our Nation's coal resources is more nearly in accord with rational conservation of natural resource policy than is the deep mining for coal. By surface mining we are presently able to make a total recovery of the resource while this is not possible through deep mining. For example, in my own operations, Cannelton Coal can and will recover all 14 million tons of coal reserves presently held in fee and covered by our present 2,000-acre permit. Through the best in underground methods, we are able to extract less than 4 million tons from that same reserve. Hence, more than two- thirds of our coal would be non-recoverable if not surface mined. Representative Kenneth Hechler of West Virginia cited the environ- mental costs which stand in contrast to efficiency: Watertables are destroyed, depriving the earth of its channels of nourishment.. The delicate surface fabric of life-supporting earth is cast to the bottom. Deep strata of rock and shale are pulverized and exposed to the elements, where they will leach acids and toxic minerals into the surrounding streams for generations. Mountains, now unstable, crack, slip and slide. Rains wash mud, sand and toxic substances down into the streams and rivers, filling their channels and poisoning their waters. These two basic positions-economics versus environment-were heard from many witnesses who detailed various aspects of the controversy. Underqround miminq A useful corollary to the environmental damages of surface mining was contained in the testimony of several witnesses on underground mining. Russell Train, Chairman of the Council on Environmental Quality, noted the extent of subsidence: * * * land undermined by underground mining alone probably exceeds 7 million acres-with 2 million acres already suffering some subsidence and an- other two-thirds of a million acres expected to subside by the year 2000. The Bureau of Mines estimates that new underground mining will affect 4 million more acres of land in the meantime. Our actions now can prevent those. 4 mil- lion acres from becoming a burden on future generations. (7) 69-142 O-72------2 PAGENO="0018" 8 Train added, "environmental consequences of underground mining, such as subsidence and acid mine drainage, can be very serious with- out adequate controls". He was speaking in support of the administration proposal, S. 993 and S. 1176, which along with a number of other pending measures would impose environmental controls on underground mines as well as surface mines. John R. Quarles Jr. of the Environmental Protection Agency cited the extent of damages from mining operations, then added, "a major portion of the damages which I have just mentioned results from in- adequately planned and unregulated underground mining and mineral processing". Energy needs and coal The conservationist point of view on the widely discussed energy crisis, and the need for coal to resolve it, is typified by this testimony of the Wilderness Society representative, A. T. Wright: We doubt that there is an energy crisis of serious enough proportions which demands that coal be strip mined at its present rate or, indeed that it be strip mined at all. The experts tell us that we have adequate coal reserves for the indefinite future. We are not forced to resort to stripping. Why, then, must coal be stripped at all in view of the staggering social and environmental costs which attend it? * * * Deep mining on an almost exclusive basis seems to be the only sane answer to the catastrophic alternative of strip mining. Cannelton Coal's Morton offered a starkly different view: Deep mining simply does not provide the Nation with a viable alternative to surface mining. National Coal Association President Carl Bagge said: It is not realistic to expect that surface mined coal could be replaced by pro- duction from underground mines. While there are ample underground reserves, to produce the 264 million tons of surface coal mined last year would require 132 additional underground coal mines of 2 million tons annual capacity, a capi- tal investment of $3.2 to $3.7 billion, three to five years before full production could be anticipated and an additional 78 thousand trained underground miners. Later, pointing out the contribution of surface-mined coal to the national energy supply, Bagge added, ". . . it is reasonable to assume that about one-fourth of the total electric energy generated in 1970 was produced from surface mined coal". Senator Howard H. Baker testified also on this point: the power grids of the nation, especially those of the Southeast, are dependent to a remarkable degree on the production of coal from surface mines and this dependence cannot be withdrawn suddenly without unacceptable economic and social consequences. Wright in his statement questioned the existence of any real overall energy crisis, testifying: Aside from the fact that the crisis, if indeed there is one, has been induced by high pressure sales tactics and overpromotion, a part of the picture has to be the 52 million tons of coal exported annually. Extensive testimony on the matter of promotion of the use of electrical energy was presented in this committee's hearings on power generation and associated problems in the Southwest. Reclamation feasibility Opponents of surface mining contend that the technology is not available to provide for the adequate reclamation of lands following PAGENO="0019" 9 mining. Much of their effort to ban such mining has been based on that contention. louis Dole, Assistant Secretary for Mineral Resources of the Department of Interior discussed at some length the means available to counter adverse environmental effects of both surface and under- ground mining. "Reclamation of mined areas," he said, "not only reduces pollution, but returns land to subsequent productive use." Dole further stated: The growing conviction that environmental damage caused by mining opera- tions can be controlled and minimized through adequate safeguards and proper surveillance has led in recent years to the formulation of new environmental protection measures by several Federal Agencies having land management responsibilities. Mineral operations on these lands now must be conducted in accordance with the best available practices, and the lands disturbed reclaimed to a condition compatible with current standards. Interestingly, the witness who followed Dole was John Quarles of the Environmental Protection Agency who said: We do not have adequate technology to deal with all of the environmental problems that are created by mining and mineral processing activities. A. T. Wright of the Wilderness Society stated: reclamation is at best a myth and at worst a hoax if we delude ourselves into believing that we can re-establish anything but a shaky monoculture on strip mined areas. It seems fair to state that the prompt restoration of surface mined land to its original natural state is impossible. The restoration of the same land to some useful state is more likely and in some situations could make the mined land more valuable. Representatives of both the coal and stone industries testified that the use of surface mined land after mining should be left to the decision of the operator-owner, or local government. Thus, they oppose Federal statutory language re- quiring restoration of mined land to the original contour, or the filling of all cuts. Federal or State administration The 1971 hearings revealed a significant change in the position of the mining industry from that expressed in the 1968 hearings. On page 97 of the printed hearings on "Surface Mining Reclama- tion", 90th Congress, 2nd Session, Mr. Joseph Abdnor, representing the American Mining Congress testified: Based on the mining industry's awareness of the economic factors involved, its experience in the diversity of the problem and the engineering techniques of land restoration, and its analysis of the problem on a national basis, the American Mining Congress is opposed to the legislation before you today. He further noted on page 98 of the 1968 hearings: We do not believe Federal legislation is called for; we oppose it as unnecessary, undesirable, and impractical. It is unnecessary because no plausible case exists for global Federal regulation producing a conflict of jurisdiction over the myriad local conditions which apply to the reclamation of surface-mined lands. In the 1971 hearings, Abdnor once again represented the American Mining Congress. His recent testimony illustrates the change in the mining industry's approach: Let me say at the outset that the American Mining Congress endorses the con- cept embodied in a number of the legislative proposals pending before this Corn- PAGENO="0020" 10 mittee-namelY, that it is appropriate for the federal government to have and exercise the authority to establish guidelines for the regulation of surface mining. While urging that the states have a responsible role, we recognize that when federal guidelines are thus set, it is incumbent on a state to satisfy those federal guidelines; and if it does not, then the federal government will come into a state and do the job itself. In 1968, conservationists found acceptable the proposition of Federal guidelines for the States to use in the development and admin- istration of their own programs-the approach now supported by a large segment of the mining industry. The conservationist position has also undergone a shift. Based on their observations of State programs to regulate surface mining and reclamation, conservationists find State control unsatisfactory, in many instances. As a result, their request is now for a Federally administered program. Assistant EPA Administrator John Quarles criticized the existing situation, noting: Many of the State statutes are inadequate and ambiguous; some do not admit of equitable enforcement. State enforcement has been hampered by lack of funds and personnel. In addition, most of the State laws. . . are too limited in coverage to provide a comprehensive remedy for the problem. United Mine Workers of America representative Joseph Brennan, speaking in support of S. 2777, said: S. 2777 contains a provision for State control over stripping under certain circumscribed conditions. We have some misgivings on this section because of many State failures in the past to adequately control stripping or to effectively enforce proper statutes. Other critics of the State programs were more outspoken. Peter Borrelli of the Sierra Club testified: There are two basic reasons for the failure of regulation. One is lack of enforce- ment. The feeble regulatory efforts of West Virginia and Kentucky are just no match for the immense political and economic power of the coal industry. Pennsylvania can at least balance the scale with some real enforcement, but blatant violations of the law abound. The second reason for the failure of regulation is that regulations in all three states prescribe procedures to be followed, rather than results to be achieved. Norman H. Williams, former official in the West Virginia surface mining regulatory program concluded, "the surface mining industry in Appalachia is not amenable to social control". He charged that in West Virginia: the entire regulatory apparatus of the State is geared to protect the surface mine operator's profits as against protecting the environment and downstream residents. In contrast, two active State reclamation officials, William Guckert of Pennsylvania and Sanford Carby of Georgia testified in support of an overall Federal program but for a State role. Guckert, for instance called for Federal legislation which "should set the standards, require- ments and penalties, but the responsibility for enforcement should be with the individual States". S. James Campbell of the National Crushed Stone Association cited the historic role of State and local government in determining land use patterns. He said: Blanket federal rules respecting reclamation would conflict with and under- mine efforts of state and local authority to provide rational growth and land development. PAGENO="0021" 11 Adm'inistering Federal agency There was a strong difference of opinion apparent in the hearings as to which agency should lead the Federal effort in establishing guidelines and administering the program. Department of Interior Assistant Secretary Hollis Dole testified: The Department of the Interior, whose function is the formulation and ad- ministration of programs relating to management, conservation, and development of our natural resources, is the logical agency to administer the proposed act. His position was supported by industry spokesmen and others who acknowledged the expertise of the Department of the interior. Carl Bagge stated that Interior was best qualified to administer the Federal program, particularly in light of the fact that, "the Mining and Minerals Policy Act of 1970 charges the Secretary of Interior with the responsibility of carrying out the policy of that Act". Joseph Brennan testified for the United Mine Workers that, "the Department of Interior is the logical place for enforcement . . He added: On the other hand, there is a great deal of knowledge about the impact of strip mining and the damage done to the environment by strip mining outside the De- partment of Interior. To bring this knowledge to the fore, S. 2777 provides for the use . . . of experts from other governmental agencies. It also establishes a strip mining advisory commission, with membership appointed by three somewhat diverse governmental departments. The Secretary of Interior would appoint three members The Secretary of Agriculture would appoint three members Finally, the responsibility for the Federal anti-pollution law rests with the Administrator of the Environmental Protection Agency . . . [who would also appoint three members of the advisory commission]. In general, conservation and environmental groups favored vesting primary Federal authority in the Environmental Protection Agency. Malcomb Baldwin, testifying for the Conservation Foundation, said: We believe that the Environmental Protection Agency, which is responsible for enforcing most of the nation's Federal environmental protection laws, is in the best position to enforce strip mine legislation. This separation of enforcement duties from the Department of the Interior's development and management functions is consistent with the theory behind the Administration's environmental reorganization proposals. Conflicts of interest historically apparent within the Department of the Interior can be resolved by giving EPA enforcement authority over coal strip mining. Among others sharing this position were the Black Mesa Defense Fund, and the Sierra Club. Senators Cooper and Baker advocated EPA as the lead agency for the Federal effort. Senator Cooper noted: Senator Baker and I have concluded that the proper agency for control would be the Environmental Protection Agency, cooperating with the D~partment of the Interior's Bureau of Mines, and with the Forest Service and Soil Uonservation Service of the Department of Agriculture, and others. The case for the Department of Agriculture as lead agency was made by David Unger, of the National Association of Conservation Districts: The Federal responsibility for dealing with the impacts of mining on the land surface should be exercised by the Department of Agriculture. USDA is the recog- nized authority in dealing with erosin, land reclamation, and land conservation. Working in cooperation with our conservation districts, the Department has built up a network of technical, financial, and educational arrangements which are already being utilized in mined-land reclamation and which would be available for an accelerated and expanded program. PAGENO="0022" 12 Virtually all of the research being conducted on reclamation of mined lands is being done by USDA and cooperating Agricultural Experiment Stations. The Soil Conservation Service of the Department of Agriculture has nearly 40 years of experience in the scientific planning of land reclamation and conservation work SCS has available a corps of nearly 8,000 trained technicians across the country who are experienced in the application of technology to land problems of this kind. Additional issues Several points, not previously discussed in this Committee Print, appeared in the hearings a number of times. These are the special characteristics of some mineral operations; the problem of previously mined lands including questions of ownership; a severance tax on surface mined minerals; a timetable for the implementation of surface mining regulation; and other suggested additions or deletions with regard to the then pending legislation. The contentions on these points are outlined in the following sections. Special characteristics of some mineral operations Rather broad support was made for the point that surface mining for different minerals creates different problems-and that any Federal reclamation law should recognize those differences. Malcomb Baldwin of the Conservation Foundation said: However, many of the bills now being considered would legislate for all forms of surface mining. We believe these bills to be inadequate, because they do not recognize the problems peculiar to each form of strip mining. Georgia reclamation official, Sanford Darby, noted: I know from experience in writing the Georgia rules and from administering and enforcing the provisions of this law many of the problems involved. I can assure you that if you delegate complete responsibility to the Secretary of the Interior or to any one specific government official the responsibility of developing regulations which will apply to the entire United States, he is going to have an almost impossible task to accomplish. S. James Campbell, of the National Crushed Stone Association, said: With regard to the requirements of several of the bills this Committee is now considering, I would call to your attention the unique character of our industry. Quarries have to be located in or near urban areas because of the high cost of transporting heavy stone materials. Consequently, our industry is already subject to heavy local regulation through zoning and area growth plans. Again, a quarry- ing operation disturbs very little land-the average quarry encompasses less than 30 acres. Because almost 85% of the materials excavated from a quarry is sold, there is virtually nothing left for land fill. Moreover, typical types of quar- ries have a life expectancy of about 81 years. With the exception of being located near urban centers, these same arguments are also applicable to the mining of iron ore. Tom Binger said of his company's experience in Minnesota: It is the numerous inactive mines and lean ore stockpiles that can be relied upon to provide the demands of the increased steel production in times of national emergency. If all the pits in Minnesota had been "reclaimed" and the lean ore piles dumped back in the open pits, I do not believe the production requirements of World War II or the Korean War could have been so easily fulfilled. My company's operations have always involved the adoption of new techniques to gain mineral values from mines that have thought to have been exhausted of economic ore by a previous operator. Had the previous operator contaminated the mine by the reintroduction of surface materials or had he not PAGENO="0023" 13 carefully segregated the lean ore materials brought to the surface in his operations, it seems certain to me that most of the iron ore we have been able to produce would not have been possible. Previously mined lands There are about two million acres of land which have been disturbed by surface mining but never reclaimed. Provisions for treatment of these "orphan lands" are included in some-but not all-of the pending bills. Senator Clifford Hansen said of S. 1160, which he introduced: The Subcommittee has devoted much time and effort to several bills pending in the Congress concerning strip mining and underground mining and the restora- tion and reclamation of mined lands. I am deeply concerned however, that these bills do not provide for restoration and rehabilitation of areas which have been mined in the past and have been long since abandoned. The bill would provide nationwide application of a program presently limited to Appalachia whereby the Secretary of Interior makes grants to seal and fill voids in abandoned coal mines. Abandoned oil and gas wells would also be covered by S. 1160. Assistant Interior Secretary Dole testified in opposition: * * * preventing the annual additions of new problems is relatively more important than initiating broad new programs to ameliorate the affected lands of the past. We must bring under control today's and tomorrow's potential damages to the environment before we can make reasonable headway against those of yesterday. * * * Our second reservation concerning S. 1160 is centered quite simply on the basis of cost. It is truly a very substantial expense which will be involved in repairing past mining damages. It is not one that can be imposed readily on its perpetrators, as too many of the former mine operators and landowners no longer control or own the mined property. And because our knowledge of what really needs to be done is incomplete, the potential for costly mistakes is large. Senator Jennings Randolph testified that in West Virginia: The principal remaining concern is acid mine drainage from abandoned and orphaned surface mined lands. The Conservation Foundation, referring to coal, stated.: We recommend a joint State-Federal program, in which initially the states should catalogue and establish reclamation plans and priorities for these lands and the Federal government should provide the funds and special expertise. Then the states and/or the Federal government should proceed selectively to reclaim or rehabilitate. We recognize that there are problems of windfall profits to private owners benefitting from the enhanced value of their lands. However, liens could be applied by states, to assure that an owner of reclaimed land would repay the state for any increment in value resulting from reclamation, at least up to and including the resulting increment in fair market value of the land. We recommend that new legislation require a thorough study of the "revolving fund" mechanism whereby public acquisition and resale of subsequently reclaimed land can fund the purchase of more such land. Severance tax on surface mined minerals Senator Howard Baker testified: We should consider the establishment of a severance tax on all coal and on other fuels at the Federal level to insure uniformity and make the proceeds thereof available to the states or locality if they elect so that the benefits of this resource can accrue to the area in which it is located. In later questioning, he indicated that he would make such a tax appli- cable to all surface mined minerals, not only fuels. Norman Williams also supported a tax on coal to facilitate reclama~ tion: PAGENO="0024" 14 * * * a Reclamation Trust Fund should be established, based on a per-ton tax of all coal mined, the money to be devoted exclusively to purchasing and restoring lands inadequately reclaimed from surface mining or deep mining of coal, and also for funding workshops and other organized efforts to train citizens in monitoring techniques. Peter Borrelli, of the Sierra Club, offered as one method by which the "federal government might affect partial prohibition" of surface mining of coal: A tax of $2.50 per ton, on strip-mined coal to remove the competitive advantage of strip mining over deep mining. The tax could be used for federally administered reclamation. A timetable for surface mining regulation The administration surface mining proposal allows two years for the States to develop requirements for mining operations and reclama- tion. Another proposal, 5. 1498, would abolish surface mining for coal within six months of enactment. The timing of controls for surface mining thus remains an active question. Administration spokesmen defended the two year time allowance to the States on the grounds that some State legislatures met only every two years, and thus would need the time allowed by the adminis- tration proposal. Senator John Sherman Cooper proposed a more compressed schedule: This procedure, establishing a system of primary State regulations, backed up if necessary and enforced by the EPA, would require 16 or 18 months to develop-- 6 months from enactment for the EPA to issue comprehensive guidelines and criteria to the States, 6 months for the State to develop its plan based upon the Federal criteria and guidelines, and then 4 to 6 months for the action of the EPA in approving or amending State plans. Noting the problems that unregulated mining could cause during even the 18 month period, Senator Cooper added: I therefore propose that during this interim period, surface mining be conducted only under Federal authority, with the approval of the EPA. Our proposal would establish an interim Federal program, under Federal authority of the Environmental Protection Administration. Any person currently operating a surface mine, or proposing to initiate operations at a new site, would be required to file a plan with the EPA describing the method of operation and the restoration program. The Administrator of EPA would have to approve the plan if the operator is to continue operations, or initiate new operations. The Administrator would approve the plan only if he were assured that restoration is adequately provided for. Six months after enact- ment no person could operate a surface mine except in compliance with the interim Federal controls and EPA approval. A similarly compressed timetable was proposed by Baldwin of the Conservation Foundation, who said: * * * we recommend that Federal law should give the states a regulatory role, but that it should allow them not more than six months to develop Federally- approved laws, regulations, and implementation procedures. Failing such approval, Federal standards and enforcement should apply. Given the general condition of state law and the urgency of radical changes, it may well be that the foregoing propsal might result in direct Federal control over coal strip mining in many states, through Federal permits, regulations, and inspec- tion programs. Such a direct Federal role would find some precedent in Federal enforcement of the Coal Mine Health and Safety Law. As part of the Federal program, Baldwin also recommended that, "all contour stripping cease within six months of the date of enactment of the Act." PAGENO="0025" 15 * Other proposed additions and deletions The hearings elicited numerous suggestions as to additions, deletions and changes in language of the several bills. Several witnesses, such as HELP and the League of Women Voters of Scranton, Pennsylvania, and the National Coal Association provided detailed reviews of the pending legislation. Among the suggestions offered were these: The American Mining Congress expressed concern that any legis- lation approved by the Committee, "include an appeals procedure, including the right to judicial review by the courts". The Mining Congress also declared, "that criminal sanctions in a federal surface mining statute would be most inappropriate". The National Coal Association said that, with regard to any federal guidelines, or regulations, "public notice and the right to comment should be required". The deletion of control of underground mining was proposed by E.R. Phelps, President of Peabody Coal Company, who said: The coal industry believes the legislation should not include the environmental regulation of underground mining. R.W. Hatch added in this regard: * * * no practical technology has yet been developed to control subsidence in underground coal mining, so there is no way that that part of the statute could be enforced. The Crushed Stone Association offered this suggestion: We propose that such legislation define the term "reclamation" to specify that flexible land reuse is the will of Congress. The failure to make this clear will, we submit, invite "guidelines" ordering a return to as near original condition as possible irrespective of possible alternative uses that would result in a higher use of such land. The Association also offered a suggestion that was repeated by other mineral industry witnesses: That any Federal guidelines or state standards should be required to be consonant with the Mining and Minerals Policy Act of 1970. These are, of course, but a few of the many suggestions offered during three full days of testimony. The selection is not meant to be encyclopedic, but only to provide an indication of the concerns expressed. While it is hoped that this review of the hearings is balanced, overall, the full hearing record must be examined as the final source on what transpired. PAGENO="0026" TABLE 1 -COMPARISON OF SELECTED PROVISIONS OF 920 CONGRESS BILLS TO REGULATE SURFACE MINING Bill No Sponsor Lands affected minerals State Federal relationship agency involved Bond required Source of funding S-77 introduced Nelson Percy Stevenson All lands all minerals surface only 1 Establishes a national advisory corn None 1 Establishes Mined Lands Reclamation Jan 25 1971 retroactive and future mining mittee Revolving Fund from (a) appropria tions (b) sale or lease of Federal 2 Secretary of Agriculture and Interior lands (C) fines and forfeitures (d) develop Federal standards and issuing other operation sources of money mining permits and/or 3 Approve State standards and require ments as effective as Federal stand ards S-630 introduced Jackson All lands all minerals surface only 1 State plan submitted to Secretary of None 1 Establishes Mined Lands Reclamation Fund Feb 5 1971 future mining only Interior for approval within 2 years from (a) appropriations (b) permit H R 60 2 If not Secretary issues regulations and fees (c) other charges and penalties permits for particular States/or 2. Federal cost of State Program, not to grant a 1 year extension exceed 50 percent S-993 S-1176 Administration bill Jackson All lands (except Federal and Indian) 1 State plan submitted to Secretary of None 1 Appropriations authorizing Federal Gov introduced Mar 10 Allott Cooper Case all solid minerals surface and sub Interior for approval within 2 years ernment to finance 80 percent of State ~ 1971 H R 4704 surface future mining only 2 If not Secretary issues regulations and 1st year cost 4967 5689 6580 permits for particular States/or grant 7422 a 1 year extension 3 Establishes an advisory committee S-1498 introduced Nelson M Govern Kennedy All lands coal only Surface only 1 EPA promulgates regulations Bond for each 1 Executive order empowering Federal Apr 5 1971 H R Humphrey Case Harris except subsurface National Forests 2 EPA to publish regulations for under mine assistance by agencies through grant 4556 4557 6484 retroactive and prohibits future ground coal mines after which States loan or contract 6485 7675 7695 mining submit implemention plans for 8174 8386 approval 3 If not EPA sets forth implementation plan for State 4 Federal pays 90 percent of costs of acquisition and reclamation S-2455 introduced Moss All lands all minerals surface only 1 Secretary of Interior consulting with Bond amount 1 Establishes strip mining land restoration Aug 5 1971 retroactive and future mining EPA and Secretary of Agriculture to to be deter fund from (a) fees and fines (b) amended Nov 12 promulgate standards and/or mined by appropriations 1971 2 Approve State standards comparable to Secretary of Federal standards within 180 days Interior S-2727 Jackson Allott Federal only all locatable minerals 1 Administered by Department of Interior Bond yes 1 Fines surface and subsurface 2 Subject to all applicable State and Fed 2 Rental fee eral laws 3 Royalty fee S-2777 introduced (H R 10758) Gravel All lands all minerals surface only 1 Establishes strip mining advisory Not less than 1 Strip mine reclamation fund with funds Oct 29 1971 retroactive and future commission $1 000/acre from (a) appropriations (b) fines and 2 Secretary of Interior shall develop and $10 000/ fees (c) sale lease or rental of re promulgate standards and/or operation claimed land 3 Delegate authority to State to enforce determined State law consistent with provisions by Interior of act PAGENO="0027" S-3000 Cooper-Bennett All lands, coal only, surface only 1. EPA administered-promulgate stand- Yes 1. Appropriation. ardswithin4months. 2. Finrs. 2. State submits plan to EPA within 8 months. 3. Federal Government takes control dur- interim period. 4. No surface mining without license 270 days after enactment. S-1160 Mar. 9 197L._ Hansen All lands, all minerals, surface and Secretary of Interior to make grants on a None Appropriations. subsurface retroactive only, matching basis to State. S-1240 Church, L. Jordan, Mansfield, Public lands designated by Secretary Secretary designates those lands on which ___do Metcalf, Moss. of Interior, all minerals surface mechanical equipment is prohibited in only, mining activity. SELECTED COMMENTS FROM THE HEARINGS Specialized mining Bill No. National Coal Association comment U.M.W. comment Environmental groups Agency comment industry comment S-77, introduced Jan. Administration by 2 sections would result Not supporting (1)Joint control, Sand and gravel, iron 25, 1971. in confusion. (2) Government pays 75 per- ore, crushed stone, cent of cost to rehabilitate copper-open pit. land previously damaged. S-630, introduced Favors this approach, recommends that, Not supported,(1) encourages None of proposed regu- Feb. 5, 1971, (1) Public notice be required. (2) That State regulations of surface lations. Appropriate HR. 60. all parties have the right to comment on mining only will Federal goal to long-term operation, ~ regulations. (3) Advisory committee at as backup. little spoil, no land `~t Federal and State level, fit. S-993, S-1176, intro- Favors this approach, recommends: (1) Sierra Club sees little improve- Will allow the necessary de- duced Mar. 10, Right of operator to appeal to Department ment except marginal in some velopment of our mineral 1971, H.R. 4704, of Interior if State denies permit (2) States not now having resources and insure protection 4967, 5689, 6580, States be required to grant operator a legislation, of our environment 7422. hearing if his operations are prohibited. S-1498, introduced Unrealistic and irresponsible reduces pro- Against this approach Sierra Club supports generally_ -- Not supported. Apr. 5, 1971, H.R. duction 44 percent and ignores the fact 4556, 4557, 6484, that the technology for reclamation has 6485, 7675, 7695, improved. 8174, 8306. S-2455, introduced Costly and no advantage mine operators LWV support reclamation pro- Limited to surface only. Not Aug. 5, 1971, would be responsible first to State, then visions with amendments, broad enough. amended Nov. 12, Federal Government, then back to State. 1971. S-2777, introduced Attempt to impose uniform standards re- Full support: (1) Tight Federal LWV support judicial review Oct. 29, 1971, gardless of existing conditions would not control should satisfy citizen provision. be desirable, revolt against all strip mining. (2) Best assurance that the ecology will be preserved, - S-1160, Mar. 9, 1971 Would not regulate future mining limited to reclaiming mined lands. S-1240 Too narrow limited tocontrol of heavy equipment use on pub- ______________ lic lands. PAGENO="0028" PAGENO="0029" GENERAL (From New York Times, Aug. 22, 1971] COAL RUSH Is ON AS STRIP MINING SPREADS INTO WEST (By Ben A. Franklin) WASHINGTON, Aug. 21-A new stage in the development of the American West is beginning on the arid plains and badlands that flank both slopes of the Rocky Mountains. On thousands of square miles of vacant land west of the Mississippi-much of it in Federal ownership or in Government land grants to Indian tribes and railroads- a feverish coal rush is on. The scramble is for coal leases and rights that will open an enormous and vir- tually untapped reserve of cheap Western fuel to strip mining. On a scale far larger than anything seen in the East, where acreage totaling half the area of New Jersey has been peeled off for coal near enough to the surface to be strip mined, portions of six Western states-Arizona, Colorado, Montana, New Mexico, North Dakota and Wyoming-face a topographic and environmental upheaval. It is being brought on by the nation's apparently insatiable demand for energy, by the air pollution crisis in urban centers, by new technology in the conversion of coal to clean fuels, and by the economies of bulldozing rather than tunneling for coal that are available in the West. In resolving the energy and air pollution problems, however vast areas of iso- lated open spaces in the West may be drastically altered. The visual impact of strip mining is invariably stunning. On flat or rolling ter- rain, mammoth power shovels crawl day and night through great trenches, lifting, wheeling and depositing, the unwanted strata above the coal seam into thousands of uninterrupted acres of geometrically perfect windrows of spoil banks. In mountain coalfields where one, two or as many as five seams may lie horizon- tally through timbered slopes far above the valley bottom, the contour strip mines are notched in continuous, sinuous strips around the mountainsides. Trees and earth and rock are cast down the mountain flanks to expose the strippable edge of the coal bed. The legacy of upheaval remains. Silt fills streams for thousands of miles. Sulphur- bearing coal, left in place and exposed to the elements, yields a long-lasting trickle of sulphuric acid which chemically burns streams and kills aquatic life. From the air over a "hot" acidic strip mine, pools of rainwater glow in weird shades of red and orange. The debate over strip mining has been gathering since the late nineteen-fifties, when larger and larger earth-moving machinery made its growth economically feasible and gave it a cost advantage over underground mining. With a passion that coal men tend to see as mysticism, conservationists say that stripping destroys the very roots of men's souls-the land. The mining industry sees it with similarly strong conviction as the best way to tap a vital national resource which, as one strip mining executive put it recently, "God put there for man's use-it's a sin to waste it." According to one Government geologist here, the six states and others in the West-Oklahoma, Texas and even a patch of Washington State-"are on the brink of, not years, but generations of strip mining for coal that will make the excavation for the Panama Canal look like a furrow in my backyard vegetable garden." The first wave has begun. In 1970, for the first time in the 1O0~year history of coal mining in America, a Western mine-the Navajo strip mine of the Utah Construction and Mining Company near Farmington, N.M.-became the largest single producer in the country. Its output from Indian coal lands was more than six million tons for the Four Corners Electric Power Complex, an environmentally controversial steam-electric station serving New Mexico, Arizona, Nevada and Southern California. (19) PAGENO="0030" 20 Near Centralia, Wash., 30 miles south of Olympia and just beyond the foothills of Mount Rainer, a 5,000-acre, 135-million ton deposit of coal that was only nibbled at by tunneling from 1870 into the nineteen-fifties for pre-diesel locomo- tive fuel for the Northern Pacific and Union Pacific Railroads, is being turned into one of the biggest strip mines in the country. The planned rate of production is five million tons a year for a 700,000 kilowatt generating station of the Pacific Power and Light Company and the Washington Waterpower Company. Pacific Power and Light also owns rights to an estimated 1.6 billion tons of strip mine reserves in Wyoming and Montana. The company expects to rank among the top fine coal producers in the country by 1977 with production of 23 million tons a year. Its president has said that the company will go slow on expensive investment in nuclear power stations because "we've got coal running out our ears." Even Texas lignite-lignite is the lowest rank of coal in energy per ton and it has never generated more than an asterisk in Government coal production statis- tics-is having a sudden boom. Three electric utilities-Texas Power and Light, Dallas Power and Light and Texas Electrical Service, Inc-announced two months ago that they would begin a 35-year strip mine operation on 17,500 acres of lignite beds in Freestone County, near Fairfield, to fuel the new Big Brown steam-electric station east of Waco. Other lignite-fired plants are scheduled for Rusk and Titus Counties. Western coal is low in sulphur-a boon to electric utilities caught between soaring power demand and new air pollution regulations that forbid the burning of sulphur-contaminated fuel. Accordingly, also for the first time last year, some low-sulphur western coal was hauled by rail as far east as Chicago. But according to Government coal men, an immense strip mine explosion west of the Mississippi River that, by comparison, will make this excavation for electric power stations look like a mere desert gulch, is coming in the nineteen eighties for a giant new coal consuming industry, gasification. Officials forecasts here say that 20 years from now perhaps 300 million tons of coal a year-half of last year's total United States production-will be processed at huge, refinery-like plants, surrounded by massive strip mines in the Western coal fields. The product will be quadrillions of cubic feet of pipeline quality, pollution-free gas. The Government and the mining and gas industries are now committed to this basic change. VAST COAL BEDS IN WEST Coal gasification will replace the country's dwindling supply of natural gas from wells, now estimated to be only about a 15-year reserve. Consumed in power plant and industrial boilers in the East, the gas will reduce air pollution. And pumped through pipelines that might otherwise be empty, it will save the pipe- line industry from collapse. Millions, perhaps billions, of dollars are thus finally ripening in coal beds under Western sagebrush, where the mineral has lain for geologic time, 130 million years. The speculative market in Western strip mine leases to dig it, and in permits to explore for more, has suddenly become a bonanza. In the 12 months that ended in July, 1970, the increase in prospecting permits issued by the Interior Department's Bureau of Land Management for coal ex- ploration on Federal land-national forests, grassland, desert and range-shot up by 50 percent to the greatest number in history, covering 731,576 acres. That is the area of all New York City and Long Island, with Westchester and Rockland counties thrown in. Prospecting permits on Indian reservations, issued separately by the Bureau of Indian Affairs, went from none to exploration rights covering 500,000 more acres. Such permits are convertible to firm mineral leases if coal is found. COAL-FIRED TURBINES Nearly one million acres of public and Indian coal land in the West is already leased. Leases by private owners, chiefly by the transcontinental, land-grant railroads, are unknown but may cover an equal area. The forces behind the sudden migration of coal mining to the West are complex, and the reasons for them are probably as irresistible as money. First, despite the wide acceptance during the nineteen-sixties of visionary forecasts for nuclear electric power, half the nation's electricity is still generated by coal-fired steam turbines. PAGENO="0031" 21 Dr. Glenn T. Seaborg, the retiring chairman, of the Atomic Energy Commission, recently conceded that the poor record of the A.E.C.'s vaunted nuclear-electric program means that coal will fuel an even greater portion of the enlarged gener- ating capacity required for the next three decades. Other important factors are mining costs and mining volume. Strip mine production of coal in the country as a whole has advanced very rapidly in the last few years, from about one-third of the annual tonnage in 1968 to 40 or 42 per cent last year. According to the United States Bureau of Mines, the cost advantage over deep mined coal is on the order of three to one. Productivity per worker runs as high as five to one in favor of strip mining, and is going higher under the Federal Coal Mine Health and Safety Act of 1969, which requires deep mines to take expensive steps to curb the high rate of death and injury underground. Moreover, particularly for gasification, huge guaranteed volumes of cheap, strip-mined coal are essential. 77 PERCENT OF RESERVE The Bureau of Mines has just cautiously discloscd in an unpublished compen- dium that beneath 13 states west of the Mississippi River there lies 77 percent o f the country's total of economically strippable coal reserves of 45 billion tons. The Western coal is in seams 12 times thicker, on the average, than in the East. And 25.5 billion tons of it is low-sulphur coal. Wyoming and Montana, together, contain 21 billion tons of the entire Western reserve of low-sulphur coal. Wyoming's low-sulphur reserve, alone, is eight times West Virginia's and Kentucky's put together. The Government has apparently pre-empted most of one of Colorado's major strip mine fields by building the Air Force Academy on top of it at Colorado Springs. But Colorado still contains nearly half a billion tons of the highest grade of low-sulphur strip mine coal. And still undisturbed beneath the wheat and grasslands of western North Da- kota wait 50 billion tons of lignite-the leanest rank of coal, but equivalent in total energy to all the better grades of coal left to be mined in the four largest producing states, West Virginia, Kentucky, Pennsylvania and Illinois. The Bureau of Mines has recently disclosed that Pennsylvania and Illinois have no low-sulphur stripping coal left at all. The reserve in West Virginia is only about 1.2 billion tons, one twenty-fifth of the national reserve. For a hundred years the traditional coal field regions of the United States have been there-in the Appalachian east and south and across southern Indiana and Illinois, tapering off into Missouri, Kansas and eastern Oklahoma. Billions of tons of coal and billions of dollars of investment in immovable tools and tunnels remain in these traditional coal areas, and depletion of total coal reserves is not the most important factor in the move to the West. But although the Eastern and Midwestern fields now supply 94 per cent of the 600 million ton-a-year coal production, they contain only 17 per cent of the re- maining reserve of strippable low-sulphur coal. ENERGY SYSTEM SHIFTING It is this arcane statistic, the 83 per cent of shallow, strippable, low-sulphur coal beneath the Western states, that is starting what the United States Geo- logical Survey calls "a massive change" in the whole national fuel and energy system. Until the air pollution crisis of the nineteen sixties and seventies the West's low-sulphur coal was as worthless as a coyote. Coal is the cheapest of fossil fuels and, accordingly, freight is a large part in its cost to consumers. Longhaul re- serves were not cost-competitive. But now that many urban pollution abatement laws forbid the burning of coal or oil containing more than 1 per cent sulphur by weight-and the Federal Environmental Protection Agency has said the limit may have to be pushed to 0.7 per cent-the ancient economic maxims of coal, a $3-billion a year industry, are caving in. Already, in a break with transportation tradition, the historic flow of coal from Appalachian mines to Lake Erie port to docks at Superior, Wis., or Duluth, Minn., has begun to turn around. PAGENO="0032" 22 For example, Burlington Northern, Inc., the merged railway system-and also one of the largest private owners of Western coal reserves through 19th century Federal land grants-has been loading low sulphur coal from the Peabody Coal Company's Big Sky strip mine at Colstrip in eastern Montana. The coal goes by train to the docks at Superior and is shipped lake steamer to Tasonit Harbor, Mich., a movement that would have been economically unthinkable a few years ago. It is the prospect, however, of prodigious volumes of stripmined coal to supply gasification plants that lies behind the frantic scramble by coal, petroleum and pipeline interests-and by land brokers and speculators who expect to profit at their expense-to assemble leases and rights to large tracts of Western coal for future stripping. The scope of this Western stripping for gasification-large both on a plant-by- plant basis and also in the area to be affected by big new surface mines-is sug- gested by what the American Gas Association calls its "very confidential" study of potential gasification sites. Apparently for fear of stimulating price gouging in mineral leases and arousing conservationist opposition, the association will not discuss the study beyond acknowledging its existence. Association officials will not even say which states have been identified as gasification sites, much less which counties. But it is known that the association report pinpoints 176 prospective plant locations-each to require a $200-million to $300-million investment in strip mine and coal processing facilities-and industry officials say variously that "a large majority" or "nearly all" of them lie west of the M ississippi. A Government geologist who has seen the association study says that 156 of the 176 sites-all but 20-are in "the Rocky Mountain West." Enough of them are to be developed by 1985, the study suggests, so that gasification by then will materi- alize as a $1-billion-a-year industry on the West's open spaces. According to Interior Department reports, coal for future gasification is spurring recent transactions like these: In response to a United States Bureau of Land Management invitation to bid on 6,560 acres of Federally owned coal land in Campbell County near Gillette, Wyo.- the bureau delicately described the 10-square-mile area as "susceptible to strip- ping"-the Cordero Mining Company won the coal leases with a record high price of $505 an acre. In recent years, some Federal coal leases have gone for under $1 an acre. Cordero is a subsidiary of the Sun Oil Company. On the same day last December, the Mobil Oil Company bid $441 an acre for leases on 4,000 acres of bureau land adjoining the Cordero site. The United States Geological Survey had estimated its worth at $35 an acre. LEASE PRICES SOAR Bureau lease prices have advanced so rapidly that a short time earlier a success- ful bid of $257.50 an acre by a land-buying affiliate of the Ashland Oil Company- $1.9 million for coal rights to 7,600 acres, or 13 square miles, of Carbon County near Hanna, Wyo.-was being called a "precedent-shattering high price." The $257.50 precedent lasted two weeks, when Cordero doubled it. But particularly on Indian reservations, there have also been what one official of the Bureau of Indian Affairs here calls "some damn lucky breaks" for Eastern coal companies bidding for leases of tribal coal reserves. Last September, Westmoreland Resources, Inc.; a year-old Western strip mining partnership of the Philadelphia-based Westmoreland Coal Company, Penn Virginia, Inc., the Kewanee Oil Company, the Morrison-Knudson Company, and the Kemmerer Coal Company of Wyoming, had to bid an average of only $7.87 an acre for 32,300 acres of coal rights held by the Crow Indian reservation in the Sarpy Creek area of Treasure and Big Horn Counties, Mont. Within months, the syndicate had sold options to buy 300 million of its 900 million tons of Montana coal reserves to the Colorado Interstate Gas Company, the pipeline division of the Colorado Interstate Corporation. The company is a major pipeline company and may be one of the first to erect a coal gasification plant, presumably near Hardin, Mont. PAGENO="0033" 23 OTiTER VAST RESERVES Other vast coal reserves in the West are owned by the railroads. Government land grants to the railroads, which were originally meant to encourage and finance the construction of track to the West but which have remained dormant and un- salable for 100 years, are suddenly valuable. The Union Pacific, for example, has become a profitable lessor of its 10-billion- ton to l2-billion-ton reserve of coal on land given the company by the Federal Government under the railroad land grants of the last century. But by far the greatest acreage of coal leaseholds is being acquired on specula- tion for later sale to the coal gasification industry. An unpublished "working paper" prepared at the Interior Department shows that the JO largest holders of Federal coal leases control 49 percent of the 773,000 acres of public domain turned over to mining interests or land speculators as of July 1, 1970, and that very little of their acreage is being mined. Some of the inactive leases have been held at little cost since the nineteen-twenties but most are about five years old. The 10 largest lease holders, in order of the acreage of their coal rights, are listed as the Peabody Coal Company; the Atlantic Richfield Company; the Garland Coal and Mining Company; the Pacific Power & Light Company; the Consolida- tion Coal Company; the Resources Company; the Kemmerrer Coal Company; the Utah Construction and Mining Company; Richard D. Bass, a Dallas geologist and land investor, and the Kerr McGee Corporation. DRA5TIC CHANGE SEEN The Interior study says that, of all the Federal coal acreage under lease, those 10 lease holders control 97 percent of the leases in Montana and North Dakota, 91 percent in New Mexico and Oklahoma, 79 percent in Utah, 75 percent in Colorado and 77 percent in Wyoming. Peabody and Atlantic Richfield together hold one-third of all the federally leased coal land in Montana and North Dakota. Federal coal leases, many at bargain rates, are not the only incentives that the Government has provided for the development of Western coal. On Aug. 4, the Interior Department signed an agreement with the gas industry that will add $80-million in Federal funds to $40-million from gas and pipeline companies for a four-year acceleration of existing work on small-scale but working pilot coal gasification plants. Some $l76-million more in Federal money has been set aside for the next step-construction of a full-scale demonstration plant. Meanwhile, the coal industry is working hard to picture the environmental prospect for the West as benign, if not uplifting. Carl E. Bagge, a former member of the Federal Power Commission who now heads the National Coal Association, an influential Washington-based industry group, has been making an unusual number of trips into the West to preview the "new prosperity" in Western coal and to inveigh in speeches against "reckless," "radical," "emotional" conservationist attacks on strip mining. Mr. Bagge has been pointing out in his Western travels that the strip mining industry genuinely means to do better there than in the ravaged coal fields of the East, and that the tempo of Western nature is slower-there is less timber, less rainfall, less visual discontinuity in stripping buttes and badlands than Appalachian hickory forests or Indiana cornfields. One coal industry suggestion, put forward earlier this year at a session of the Rocky Mountain Mineral Law Institute, was that tourists might have some interest in visiting the scarred and barren "badlands" created by strip mining. 69-142 O-72-----3 PAGENO="0034" Wyoming B 13 377 Montana B, C 6, 133 New Mexico B 2 474 65 764 0 529 0 0 13 971 6, 897 2 474 North Dakota C 1, 678 West Virginia A 1138 Texas C 625 Kentucky (east) A 532 Colorado A 476 397 669 684 189 24 0 311 0 60 0 2, 075 2 118 1,309 781 500. Arizona B 387 0 0 387 South Dakota C 160 0 0 160 Virginia A 154-~ Washington B 135 Alabama A 33 99 0 74 6 0 27 258 135 134 Arkansas A C 28 118 28 174 California B 25 0 0 25 Oklahoma A 10 44 57 111 Utah A Tennessee A 6 5 136 43 8 26 150 74 Michigan A Maryland A Ohio A 0 0 0 0 8 126 1 13 907 1 21 1 033 Iowa A 0 0 180 180 Kansas A 0 0 375 375 Pennsylvania A Kentucky (west) A Indiana A Missouri A Illinois A 0 0 0 0 0 225 0 293 0 80 527 977 803 1, 160 3, 167 752 977 1,096 1, 160 3, 247 Total 31787 4 036 9 161 44 986 1 A-Bituminous B-Subbituminous C-Lignite Source The New York Times Aug ~2 1971 Note The westward movement of stripmining has resulted from low sulfur reserves west of the Mississippi that promise less pollution in fuels to meet the energy crisis PRO AND CON IN ~ BITTER DEBATE WASHINGTON, Aug 21-Behind the argument over strip mining there lies a maze of complex public issues and private interests that the combatants on both sides agree touch on the most serious environmental questions in the country today. On one side is the nation's seemingly infinite demand for electrical energy and, at the same time, for clean air On the othei is its equally urgent desire to preserve the national environment Coal, the cheapest of fossil fuels, now provides the energy for more than half the country's electric power production Although it has been a major source of particulate and sulphur dioxide pollution, the Atomic Energy Commission is now saving that coal will continue to dominate the utility market for three more decades Thus, as power demands increase, so will coal mining. The cheapest coal-and the safest coal to mine in human terms-is strip mined coal Much of the vast Western coal reserves can be mined in no other way It is too shallow for underground tunneling, or in seams that are too thick or structurally unsound One of the chief attractions of the Western coal is that it is low enough in mineral and chemical contaminants to meet the strictest air pollution standards when it is burned It is also the only coal abundant enough, in concentrated beds, to supply the new coal gasification industry, another source, when it is fully developed, of nonpolluting fuel The assault on strip mining has brought a fierce response from the coal and electric utility industries, and even from some Government officials. "Unwilling or unable to face up to the facts of life" is the characterization given the conservationists by Aubrey J Wagner, the board chairman of the giant, Government-owned Tennessee Valley Authority, the nation's largest single power producer and the largest consumer of strip mined coal 24 SULFUR CONTENT OF STRIPPABLE COAL RESERVES Millions of tons by sulfur content Grade' Low Medium High Total PAGENO="0035" 25 In testimony before the Tennessee Legislature last April, Mr. Wagner said that environmentalist critics who seek to abolish strip mining outright or to impose prohibitive reclamation standards "fail to recognize that coal is essential if the electric power needs of the nation are to be met." "Nor do they understand that coal cannot be obtained in the near term without resort to strip mining," he continued, "and, further, that resort to deep-mined coal instead, even in the long term, creates problems of environmental deterioration and human safety. They would outlaw strip mining even in the face of the fact that such action would create a power shortage in which industrial activity would be severely curtailed, unemployment would increase, commerce would stagnate, and home life would be disrupted." Conservationists call the "trade off" idea-that a measure of strip-mine damage is acceptable to guarantee the nation's power supply-a rationalization in advance for a permanent defacement of the land. Moreover, many conservationists seriously question the industry's assertion that it is averting an electric power crisis by strip mining more and more coal. "We waste electric power as if it were cheap and easy to get," Ed Chancy, a National Wildlife Federation lawyer, said in an interview. "But if you look at what strip mining has done to West Virginia or Southern Illinois and Indiana, you see that it wasn't cheap after all." "If we ever see, as a people, what strip mining is doing to our country," Mr. Chancy said, "I'm sure we would insist on some other answer, and less use of electricity may be a temporary solution while we find other means of generating power." [From the Christian Science Monitor, Sept. 23, 1971] STRIP COAL ON WAY IN MONTANA BILLING, M0NT.-Montana Power Company has picked the small southeastern Montana community of Colstrip, 100 miles east of Billings and the site of extensive strip mining of coal for many years, to locate a 350,000-kw., coal-fired power- generating station. It is a possible first step in turning the area into the electric- power generation center for the entire northern Rocky Mountain area. Cost of Colstrip Unit No. 1, as the plant is being called, is $60 million, exclusive of transmission facilities. George W. O'Connor, president of Montana Power, says preliminary construction began in August, and the plant is scheduled for comple- tion by July 1, 1975. The first of two 230,000-volt transmission lines, which will carry power from the plant site to the company's load and switching center in Billings, is under construction. The plant, which Mr. O'Connor said "can be developed ultimately to produce 3,000,000 or more kws. of power," is the first minemouth generating station to be constructed in Montana and may he the forerunner of a much more extensive development of eastern Montana's vast coal fields. RECENT UPROAR News of the new Montana plant comes on the heels of a recent uproar over coal- fired power plants in New Mexico, Arizona, Utah, and Nevada. The plants there have triggered heavy opposition from environmentalists and caused Secretary of the Interior Rogers C. B. Morton, to clamp a moratorium on new plants on the Colorado Plateau pending a study of their impact on the environment. Eastern Montana coal is prized for power-generating plants in a pollution- conscious nation because of its low sulfur content and because it lies near the surface, readily available for strip mining. Much of it also is in a sparsely settled sagebrush-covered area of plains or low rolling hills, where reclamation of dis- turbed land is neither difficult nor costly. Numerous coal or power companies are interested in the area. A new coal mine recently was opened near Decker in the southeastern corner of Montana, an area other mines formerly had operated. It will supply 22 million tons of coal over a six-year period to Commonwealth Edison Company of Chicago, beginning early in 1972. Another likely development area is in the vast Sarpy Creek coal field about 80 miles northeast of Billings, where four major coal companies have acquired holdings. Sarpy Creek reportedly has more than 6 billion tons of subbituminous coal with less than 1 percent sulfur content. PAGENO="0036" 26 Planned developments stirred some opposition in the recent session of the Montana Legislature. Some lawmakers opposed "mine-mouth energy" plants that would use Montana coal to produce electrical energy for transmittal out of state. They would prefer industrial firms to locate plants in Montana to use locally produced power. The Montana power plant at Colstrip will use coal being produced at the site by the company's wholly owned subsidiary, Western Energy Company. But other coal companies also are interested in the area. In February, Peabody Coal Company bid $56 per acre to win a 4,306-acre federal coal lease near Col- strip. Edwin Zaidlicz, state director of the United States Bureau of Land Manage- ment, said "spirited bidding . . . indicates a new era for Montana's valuable coal resource." In April, bids totaled $2,348,290 for prospecting permits on the Northern Cheyenne Indian Reservation, south of Colstrip. The propsecting area covers 367,429 acres in 18 tracts. Low bidders for various tracts, with 13 companies submitting bids, included Meadowlark Farms of Indianapolis, Ind.; Consolidation Coal Company of Pittsburgh; Belco Petroleum Corporation and some Montana firms. ACTION CENTER Consolidation Coal Company also is interested in some huge coal fields at Roundup, 50 miles north of Billings, where it plans extensive strip mining in an area that formerly produced coal from underground mines. The community of Roundup welcomes the development, but landowners in the Bull Mountains, a scenic area, oppose the company on ecological grounds. Consolidation, however, claims it can successfully reclaim any strip-mined area satisfactorily, even if not restoring it to its original condition. Westmoreland Resources Group of Colorado has purchased coal prospecting and water rights from the Crow Indian tribe, whose reservation in southeastern Montana also has vast coal deposits. While action has centered within 50 miles or so of the Coistrip area, most of eastern Montana has vast beds of readily accessible coal. Coal production in the area doubled last year, and will increase another 65 to 75 percent by 1973, ac- cording to C. R. Binger, vice-president for resource and development of Burlington Northern. The 1971 session of the state Legislature recognized the likely development of eastern Montana coal fields in the near future, and took steps both to obtain revenue from it and to protect the region from the evils of strip mining that have been evident elsewhere. A tax bill signed into law this year has sliding rates of from 4 to 12 cents a ton, depending upon heating content of the coal, and averaging about 10 cents per ton. The state also adopted laws requiring reclamation of strip-mined lands, and new federal strip-mining regulations are being enforced for the first time in the new developments at Coistrip. [From the Sierra Club Bulletin, February 19711 THE STRIPMINING OF AMERICA (By Wayne Davis*) Kentucky is being destroyed by stripmining. Not slowly and surely, but rapidly and at an ever accelerating rate. And the disease that affects Kentucky soon may spread to more than half our other states. Most Sierrans are aware of the problem of acid mine drainage. Sulfur impurities in coal, when excavated and exposed to the air, invite invasion by bacteria which manufacture sulfuric acid. The result is streams with a pH so low that nothing survives but bacteria, the damage is permanent; some sickly red streams run dead a hundred years after mining operations have ceased, with little prospect of im- provement in sight. The extent of the problem is enormous. Keith 0. Schwab, of the Federal Water Quality Administration in Cincinnati, has data showing 12,000 miles of degraded streams from mine acid drainage in the Appalachian states. "We can ill afford to lose more streams to mining pollution," be said, "but this is exactly what is happening." Acid mine drainage has been with us as long as we have been mining coal. It comes from deep mines and surface mines. It has long been accepted by most local * Mr. Davis is Professor of Zoology at the University of ~entucky, Lexington. PAGENO="0037" 27 people as a price they must pay for an economy which removes the coal and burns it up as quickly as possible. Progress means removing the wealth, destroying it, and leaving the land and streams permanently impoverished. Acid mine drainage, considered one of the most vicious of industry by-products, is trivial however compared to the massive onrush of destruction caused by the incredibly rapid move to surface mining. In surface mining heavy machinery removes the soil, including trees, grass and everything else on the surface, to expose the coal seam beneath. In the steep hill country of Eastern Kentucky, this means pushing massive amounts of spoil down the mountainside. Even the largest trees are broken and pushed over. The magni- tude of the devastation is difficult to imagine for anyone who has not seen it. Man's ever accelerating technology, now rushing forward faster than the speed of thought, has designed machinery which will move 100 cubic yards of dirt with a single bite. Such shovels, standing as high as a 12 story building, are used around the clock, as is the smaller equipment at many of the mountain stripping sites. With profits running as high as 50 percent annual return on the dollar invested and the minimum price of Eastern Kentucky coal having doubled over a 6 month period last year, the rush is on while the getting is good. Western Sierrans who watched the timber barons' frenzied efforts to cut as many big trees as they could before Congress established a national park will understand the rape of Kentucky. As stripping grows and as people become more informed, the opposition forces encompass an ever larger segment of the public. When rain falls upon a strip mine site masrive quantities of mud wash into the streams. A study by the U.S. Forest Service in Kentucky showed streams carried as much as 46,000 ppm of suspended sediment, compared to a maximum of 150 ppm in adjacent forested watersheds. Stream bed burdens of as much as 66,500 cubic feet of sediment per square mile of watershed were observed in the stripped areas. In addition to the stream beds the woodland flood plains were also made a muddy mess from silt. Subsequent rains not only brought down more silt but moved part of the previous loads on downstream, affecting more of our watercourses. Bethlehem Steel Corporation has mined the high quality low sulfur coal needed for processing steel from deep mines in Eastern Kentucky for many years without arousing the displeasure of conservationists. However, their decision in 1969 to strip 40,000 acres in several counties changed them from an acceptable responsible corporation into the number one target and rallying point for the anti-stripping forces. Stripmining not only puts permanent scars on the mountainsides, but it also kills the streams, which are public property. Silt kills streams by destroying the nature of the bed. Many aquatic inverte- brates upon which fish feed live beneath stones in the gravel-covered bottom of a stream. A fine load of silt from the clay-banks above glues down the stones, making them inaccessible and preventing the free movement of oxygen-carrying water among the gravel and beneath the stones. The effect upon spawning of fish is similar. Most species of game fish lay eggs in the gravel of the stream bottom. If a fine layer of silt washes off the strip mine spoils and covers the eggs, they are deprived of sufficient oxygen for development and fail to hatch. Thus the stripminers rob the public of a valued resource. Although land destruction occurs, acid mine drainage and silt are the best known effects of stripmining, a less known but equally dangerous factor may be the raising of the mineral ion concentration of the water effecting its usability by man and his industres. The U.S. Public Health Service sets standards for drinking water quality and the various industries have their own tolerance levels depending upon the purpose of the water they use. The U.S. Forest Service has done studies on the effects of stripmining on water quality in Eastern Kentucky. In a report they point out that although the U.S. Public Health Service's Maximum Permissible Level for sulfates in water is 250 ppm, on severely disturbed watersheds in Eastern Kentucky they found concen- trations ranging up to 2100 ppm. Whereas the tolerance level for manganese is 0.05 ppm, concentrations of up to 74 ppm were found, and for iron, whose recom- mended maximum level is 0.3 ppm, concentrations ranged up to 88 ppm. Why the tremendous increase in stripmining activity? Many reasons have coalesced to result in today's frenzy. The use of electrical power, pushed along by Madison Avenue's request that we live better electrically, have been growing at 7 percent per year, a rate which doubles consumption every 10 years. Coal is a major energy source for power generators. PAGENO="0038" 28 Even with nuclear reactor power generators increasing at a rate that doubles their numbers every 2.4 years, with this rate expected to continue at least through 1980, the demand for power is increasing so fast that coal powered generators also are being built. The scarcity of natural gas, which caused gas companies in the East to deny service to many new industrial customers in 1970, and the ever increasing de- pendency of this country on foreign oil sources, has increased the interest in coal, one resource which is still in abundant supply. The new mine safety law has helped push operators out of deep mining into the stripmining business. Stripping produces three times as much coal per man as an underground operation and requires less machinery and investment. It is safer for the workers and more profitable to the operators. The result has been that the strip mine has risen from 29 percent of the production 10 years ago to 36 percent today. In the steep Appalachian hills of 9 states strip mine benches now extend for 20,000 miles. Since only 4.6 billion of the estimated 108 billion tons of strippable coal have been harvested, one can see what the future holds. As the acceleration of stripmining proceeds, attempts to regulate it are frus- trated. Although Kentucky has a fairly good mining reclamation law and some honest, conscientious people in the Division of Reclamation, law enforcement has broken down. An employee of the Division told me that during the summer of 1970 permits were issued to over 100 new operators. Since anyone who can borrow enough to get a bulldozer into operation can go into business and get rich now, there is a flood of new people into stripmining. The enforcement officer said that some of these inexperienced operators could not operate within the law even if trying to do so and spills of spoil onto public highways and into the streams are the result. The business is so lucrative that an operator has been quoted as saying that if we will leave him alone for just two years he doesn't care if we outlaw stripmining, for by that time he would be rich enough to retire. Operators are getting rich and selling out to the big corporations. The giants of oil and steel, smelling the killing at hand, have been rushing into the fray like a pack of sharks to a bleeding swimmer. The major stripmining operations are subsidiaries of such corporations as Gulf Oil, Humble Oil, 13.5. Steel and Bethlehem Steel. TVA is also heavily involved. If you think coal mining is only a problem for Kentucky and such well known coal states as West Virginia, Pennsylvania and Illinois, you are in for a surprise. A total of 26 states have strippable reserves of coal. We easterners will not even be in the running when the big time arrives, because the states with the largest reserves of strippable coal are North Dakota, Montana and Wyoming. If we draw a line from Pennsylvania to the coal-laden northwestern tip of Georgia, every state west of the line except Wisconsin, Minnesota and Hawaii has some coal deposits. With the industry's trend toward building power plants where the coal is, the destruction of parts of your state may be even now on the shallow horizon. Stripmining as a big business has moved into Ohio. Ben A. Franklin of the New York Times reports that 5 billion tons of low grade fuel, long considered too marginal for mass mining, lie near the surface in Ohio, and the boom is on from Cincinnati to the east-central border to recover it. In 346,000 acre Belmont County alone 200,000 acres have been sold, leased or optioned to the strippers. Two giant electric shovels, each 12 stories high, scoop up farms, barns, silos, churches and roads to uncover the coal, piling the rubble into strip mine spoil banks. Franklin quotes Ohio Congressman Wayne Hays, whose home is in Belmont County, as saying "They're turning this beautiful place into a desert," but Ford Sampson, head of the Ohio Coal Association is credited with the line, "Are we going to cut off the electric power because some guy has a sentimental feeling about an acre of coal?" Perhaps a better example of what we are up against is illustrated by the opinion of James D. Riley, a vice president of Consolidation Coal Company, who spoke to the American Mining Congress in Pittsburgh in 1969. To the thunderous applause of the assembled strip miners, Mr. Riley declared that the conservationists who demand a better job of land reclamation are "stupid idiots, socialists and commies who don't know what they are talking about. I think it is our bounden duty to knock them down and subject them to the ridicule they deserve." What can be done? First we must insist that Americans take their heads out of the sand and recognize the fact that power demand cannot continue to rise as it has been. Nothing-whether the power demand, the production of coal, the num- ber of people, the number of cars, or the gross national ijroduct-can continue indefinitely to rise at an exponential rate in a finite world. The sooner we face reality on this, the sooner we can begin to attack the problems. PAGENO="0039" 29 So the next time the power tycoons tell you they must double power capacity by 1980 you should reply `Nonsense-long before 1980 we must plan and put into practice a program to level off power consumption at something like present levels or less Second we must have federal regulations of mining practices Any local efforts to regulate this or any other industry encounter the standard and somewhat justified reply that regulation would put them at a disadvantage with their competitors in other states. Dr Robert Kuehne says that in Kentucky we could not have designed a better system to ruin the maximum number of streams in a shorter period Instead of mining watersheds that are already destroyed until all the coal is gone, the eco nomic system assures that we skip around in such a way as to kill all our streams in the coal country The Committee on Resources and Man of the National Academy of Sciences National Research Council has pointed out that the culmination of oil production in this country is now at hand and the culmination of natural gas will arrive at the end of this decade We are now dependent upon foreign sources for 20 percent of our oil supplies and by the end of this decade this is expected to rise to 40-45 percent Although coal reserves are much greater we should not continue to treat them as the common enemy to be destroyed with all speed by the system found to be so effective in getting rid of our oil and gas We simply cannot afford to continue the present pattern of exploitation of the fossil fuels [From Coal Age, March 197iJ THE SURFACE MINING ISSUE A REASONED RESPONSE (Efforts to abolish surface mining in West Virginia are now under way in the current session of the legislature As must be expected the surface mining industry opposes categorically and unequivocally any proposed legislation that seeks to put it out of business and place its employees on the rolls of the unemployed The following is a statement issued by the West Virginia Surface Mine Association to inform all West Virginians and indeed the Nation, the vital roll that surface mining plays in serving mankind in terms of economics employment and energy needs) We in the industry know that surface mining is an emotional issue to many people But we also know that emotionalism, unsupported by fact and sound judgment creates more problems than it solves For this reason, we are making every effort to respond objectively and logically to this unprecedented challenge to our industry's existence In the emotional fervor of environmental concern we can understand how well- intentioned citizens-especially those who have had little exposure to the positive values of surface mining-might be unduly influenced by overzealous critics of the industry But this in no way changes the facts By any yardstick of reason the proposal to outlaw surface mining can only be interpreted as ill-advised and unrealistic It is unsound because it ignores the serious and damaging consequences to the economy of both West Virginia and the nation At best, it is an extremist solution to what is essentially an aesthetic problem. INFLUENCE OF HISTORY To better understand the facts at issue, it is essential to remember that the sur- face mining industry of today operates on a far more scientific and knowledgeable basis than it did 20 or 30 years ago Surface mining received its first major impetus during the national energy crisis of World War II At that time the urgent demands of war overrode any immediate concern for restoring or reclaiming disturbed land In those years the science of reclaiming mined land was still in its infancy As a result, land abuse was fairly common, and unfortunately, a tradition was established that endured far too long But the fact that should be made clear here is that the mistakes and malpractices of the past are history, and only history They bear no relationship whatever to the manner in which surface mining is conducted today RESPONSIBLE SURFACE MINING CAN BE DONE UNDER EXISTING LAW In 1967, West Virginia enacted one of the most stringent surface mining and reclamation laws in the Nation It not only prevents repetition of irresponsible practices but also makes provision for reclaiming the "orphaned banks" inherited from the past PAGENO="0040" 30 Properly enforced, the existing law is fully adequate to protect our land and our heritage. What's more, it is enforceable, and it is being enforced. As a result, surface mining in West Virginia today not only can be but is being done respons- ibly-with prompt and full reclamation of all land disturbed in the process. In fact, since the passage of the 1967 law, we have been reclaiming more land than we mine. And given time, we will catch up to our history. As surface mine operators, we take seriously our environmental obligations to the people of West Virginia. We fully support adherence to proper surface mining and reclamation methods. And we endorse rigid enforcement of West Virginia's surface mining and reclamation law. NATIONAL ENERGY CRISIS Right now there is as serious a shortage of coal as this Nation has ever known. Those unaware of the severity of this crisis may complacently claim that surface mining should be abolished. But it is extremely doubtful that the Nation could do without the energy derived from surface-mined coal. Demand for electric power, for example, is expected to double by 1980, requiring twice the volume of coal being used today or 1.1 billion tons a year. Add to this another 150 million tons for conversion to gas and other uses, and we have a demand 12~ greater than today. A ban on surface mining would shrink coal supplies to a catastrophic degree and force prices to rise even higher. At home this would mean severe power shortages and higher costs to the consumer at a time when we are all concerned about inflation. It would also indirectly jeopardize the country's coal exports at a time every effort is being made to improve our balance of trade. These are some of the national implications that a ban on surface-mined coal would have. The direct consequences to the economy of West Virginia would be even more drastic. Let's look at some of them. LOSS OF 26.9 MILLION TONS OF COAL PRODUCTION In 1970 West Virginia produced 26,987,598 tons of surface-mined coal with a total market value of more than $188 million. Production and distribution sta- tistics of surface-mined coal for the years 1968, 1969 and 1970 are given in Table I. If shipped at one time, this much coal would require a train of 359,835 coal cars, stretching out over 3,067 mi-or almost the distance from Miami, Fla., to San Francisco, Calif. This same quantity of coal could provide a city of 80,000 population, consisting of 24,000 family units, with enough electrical power to last 580 yr. This projection applies to residential use only, Nevertheless, even if business and industrial power usage were added, this much coal would still furnish power to a city of this size for 104 yr. Should surface mining be abolished, it is improbable that this production loss could be made up entirely by deep mining methods. A surface mine is twice as productive as a deep mine, requires far less capital investment, and can be placed into production quickly. By comparison, a minimum of 3 to 4 yr would be needed to develop the number of deep mines that would be required to produce this vast amount of coal. Moreover, surface mining recovers deposits of coal that cannot be mined any other way. For the most part, this coal is found near the outcrop of the mountains and other areas where rock strata is too weak to support a safe roof for deep mining. TABLE I-SURFACE MINE COAL PRODUCTION AND DISTRIBUTION STATISTICS 1968 1969 1970 1 Employees 3~ 460 3, 651 5, 571 Production (tons) 16, 703, 461 18, 867, 500 26, 987, 598 Shipped by:2 Rail (tons) 13,211,214 14,496,070 20,729,380 Truck (tons) 2, 189, 448 2, 675, 524 3, 825, 999 Barge (tons) 1, 102,947 1, 501, 556 2, 047, 224 11970 production figure is actual; other figures are projected. 2 Excludes local trade and stocked. PAGENO="0041" 31 TABLE Il-RECAPITULATION OF ECONOMIC CONTRIBUTION TO WEST VIRGINIA BY SURFACE MINING AND DIRECTLY RELATED INDUSTRIES FOR 1968 Taxes (other than Federal Number of corporate income Supplies and Total Industrial contributor employees Wages taxes) services contribution Surface mines Railroads Barge lines Trucking Equipment manufacturers 3,460 549 46 91 16 $20,392,000 4, 755, 000 379,000 901,000 95, 000 $3,111,000 417, 000 6,000 131,000 7, 000 $32,505,000 677, 000 712,000 662,000 25, 000 $56,008,000 5, 848, 000 1,096,000 1,694,000 126, 000 Total 4,162 26, 522, 000 3,672,000 34, 581, 000 64, 772,000 Source: National Coal Association study dated July 14, 1970. TABLE lII.-1970 PROJECTIONS 1 OF STATISTICS IN TABLE II RECAPITULATION OF ECONOMIC CONTRIBUTION BY SURFACE MINING AND DIRECTLY RELATED INDUSTRIES TO WEST VIRGINIA Number of Industrial contributor employees Wages Taxes (other than Federal corporate income taxes) Supplies and services Total contribution Surface mines 5, 571 Railroads 884 Barge lines 74 Trucking 147 Equipment manufacturers 26 $32,831, 120 7,655,550 610,190 1,450,610 152, 950 $5, 008, 710 671,370 9,660 210,910 11, 270 $52, 333, 050 1,089,970 1,146,320 1,065,820 40, 250 $90, 172, 880 9,415,280 1,764,560 2,727,340 202, 860 Total -- 6, 702 42, 700,420 5, 911, 920 55, 675, 410 104, 282,920 1 Projections made by applying a growth factor of 1.61 t o 1968 statistics given in table II. ECONOMIC IMPACT OF SURFACE MINING TO WEST VIRGINIA'S ECONOMY On July 14, 1970, the National Coal Association, Washington, D.C., released an in-depth study of the impact made during 1968 on the economy of West Virginia by the surface mining, coal hauling and mine equipment industries. While documented statistics for 1970 are not now available, we have been able to project current impact by applying a growth factor of 1.61 to the 1968 figures. This growth factor is determined from the increase in surface-mined coal tonnage for the year 1970 (26.9 million tons) over 1968 (16.7 million tons). If anything, such projections will be conservative since wages and the cost of supplies and services have risen considerably in the past 2 yr. A tabulation of the NCA statistics for 1968 is given in Table II and projections for 1970, in Table III. $104 MILLION IN WAGES, TAXES, SERVICES AND SUPPLIES Projections for 1970 based on the 1968 study show that the mining and trans- portation of surface-mined coal and the manufacture of mining equipment created 6,702 jobs with a total annual payroll of $42.7 million and contributed to the economy a total of $5.9 million in taxes (business and occupation tax, workmen's compensation, county property, and corporate net income), as well as expenditures of $55.6 million in supplies and services, including gasoline, oil, repairs and purchases of equipment. Total projected contribution to the economy from surface mining and directly related industries comes to a total of $104 million for 1970. The projected breakdown for the surface mining industry, alone, shows that 5,571 jobs were created (including production workers, supervisors, and on-site office workers) with an annual payroll of $32,831,120. In addition, an estimated $5,008,710 were paid in taxes and $52,333,050 expended for services and supplies. The 1969 statistics for surface mine tonnage and employees, by county, are given in Table IV. PAGENO="0042" 32 TABLE IV.-1969 STATISTICS FOR SURFACE MINE TONNAGE AND EMPLOYEES, BY COUNTY Production Number of Production Number of tons employees tons employees Barbour 1, 576, 927 196 Mercer 207, 321 41 Boone 2, 202, 078 317 Mineral 80, 167 14 Brooke 212,807 41 Mingo 285,623 104 Fayette 1,492,436 210 Monongalia 386,695 71 Gilmer 51,445 15 Nicholas 450,424 174 Grant 502,131 111 ~ 1,207,498 189 Greenbrier 6, 875 5 Raleigh 1, 906, 059 572 Hancock 3, 217 4 Randolph 78, 510 47 Harrison 900, 747 170 Taylor 129, 239 30 Kanawha 1, 855, 381 369 Tucker 570, 052 79 Lewis 519,326 144 Upshur 216,426 35 Logan 1,411,324 252 Webster 35,630 25 Marion 110,460 22 Wyoming 1,056,856 152 McDowell 1, 411, 826 262 Source: 1969 Directory of Mines, State of West Virginia Department of Mines. $128 MILLION IMPACT ON NON-RELATED BUSINESSES Beyond this direct contribution to the economy by the surface mining, coal hauling and mine equipment industries, there is a second cycle of monetary expansion among non-related businesses. Economists have determined that to measure accurately the effect wages have on the economy, the wages should be multiplied some three times, as every dollar spent will generate three other dollars in trade as it circulates through commerical channels. (It should be noted that a multiplier of three is very conservative. In many areas a factor of five or seven is commonly used.) In 1970, the annual payroll for surface mining and directly related industries is estimated at $42.7 million. Using a multiplier of three, this means that another $128.1 million of business will be generated in year-round purchases of consumer items, such as food, clothing, housing, automobiles and other items. It also means that local businessmen, in turn, must hire clerks, salesmen, and other employees to satisfy the demands generated by surface mining and directly related payrolls. With these facts at hand, a crystal ball is not needed to realize that economic losses to West Virginia would be staggering if the surface mining industry were abolished. Even more frightening is what a surface mining ban would do to the people of West Virginia who depend upon the industry for their support. LOSS OF 6,702 JOBS Should the forces seeking to ban surface mining in West Virginia succeed, an estimated 6,702 men would be forced out of work. The figures, by industry, break down as follows: Surfacing mining, 5,571 Railroads, 884 Barge lines, 74 Trucking, 147 Mining equipment,* 26 *Tbis estimate is extremely low. A recent check with five of the largest equipment suppliers in West Virginia showed that 401 jobs would be lost in those firms by the abolition of surface mining. Most of these men have families. Based on 1960 Census figures, the average family in West Virginia consists of 3.51 people. This means that over 23,500 people in the state of West Virginia depend exclusively upon surface mining for their livelihoods. What will happen to these men and their families if surfacing mining is abolished? Some, undoubtedly, could be absorbed by other local industry at lower wages, But in areas where the unemployment rate is already high, many would be forced to go on welfare. Another factor of no small concern is what happens to the surface mine opera- tor if the industry is put out of business. Some of the larger operators might be able to survive by taking their equipment to another state and try to start over. But others could well be forced into bankruptcy. PAGENO="0043" 33 LOSS OF $5.9 MILLION IN TAX REVENUE If surface mining were abolished, the state of West Virginia would lose an esti- mated $5,911,920 in tax revenues. This is direct loss from the business and occu- pation, workmen's compensation, county property and corporate net income taxes. Additional tax revenues would be lost in the form of local or state sales taxes and diminished taxes from other businesses affected by the abolition of the surface mining industry. TOTAL LO55 WOULD EXCEED $232 MILLION When the $104.2 million direct contribution of the surface mining and directly related industries is added to the additional $128.1 million of business generated in nonrelated consumer industries, total loss to West Virginia's economy would exceed $232 million. It is inconceivable to those of us in the industry that the state of West Virginia would be willing to sacrifice economic considerations of this magnitude for the sake of resolving an aesthetic problem. And except for the highwall tj~at remains after land has been surfaced mined, the aesthetic problem is being resolved through effective reclamation practices. The surface mining industry, as it evolved, has faced many difficult problems. But we have done, and are doing, much to solve them. As surface mine operators, we have two responsible jobs to perform: to supply the Nation with its demand for more coal and to return surface-mined land to beneficial use. We intend to do both jobs well. But we will need the help of the legislature and all clear-thinking citizens in the state to defeat the move to abolish our industry. [Fron~ the Coal Age, June 1971] CRASH CAMPAIGN-TELEVISION COMMERCIALS HELP DEFEAT SURFACE MINE ABOLITION PUSH IN W. VA. (Roy Alexander, presiden.t The Alexander Co. New York Public Relations Firm) Just after Christmas 1970, West Virginia's Secretary of State, John D. (Jay) Rockefeller IV announced a campaign to ban the surface mining of coal "com- pletely and forever" throughout the Mountain Stt~te. Key West Virginia lawmakers pledged their support when the legislature convened in late January, 1971. The state s most influential politicians jumped on the popular ecological bandwagon. Influential newspapers-most notably, The Charleston Gazette-backed Jay Rockefeller completely. Letters poured in praising Rockefeller. By early February, the juggernaut was rolling. The future for surface mining in West Virginia looked bleak. Yet 2 months later, the tide had turned. The Rockefeller forces found it hard to get legislative support. People started writing legislators asking them to vote against surface mine abolition. Protesting throngs marched on the state capitol. Pro-industry letters inundated newspapers. Citizen groups rose up to defend surface mining as necessary to bread and board. Rockefeller back-pedaled, calling for a "gradual phase out" instead of complete abolition. When the legislature adjourned in March, 1971, it had passed a bill limiting surface mining growth in non-mining counties. And it imposed stricter reclamation rules (which the industry agreed to). But the massive abolition movement had been soundly defeated. What happened? The cutting edge was a series of television commercials. These commercials were rushed into production. They were on the air via eight West Virginia stations by early February. They influenced legislators directly and via voter-to-legislator impressions. "In terms of sheer effectiveness-swaying undecideds, making out-and-out opponents think twice, getting our argument across-the commercials turned the tide in our favor," says 0. V. (Dick) Vande Linde, executive director of the West Virginia Surface Mine Association. How did this rush job come about? PAGENO="0044" 34 THE CRISIS MEETING West Virginia Surface Mine Association, when formed in 1966, pledged itself to strong and enforceable reclamation laws and self-policing of members to enforce reclamation standards. And with more than 50% of its budget devoted to reclama- tion research, the WVSMA was making orderly progress. The association, however, was not equipped to take on enraged public opinion fostered by the Rockefeller campaign. The association started 1971 with no public relations or advertising budget. When Rockefeller lobbed his bombshell, WVSMA's Vande Linde sounded the toosin. "We need a special assessment to fight this abolition movement," Vande Linde told members. "And we need it now." But he was working with a small base. Only 25% of the state's surface mine operators are WVSMA members. A total of $50,000 over the association's regular budget was raised. This extremely modest budget would allow scattered news- paper advertising. But higher-priced television commercials-calling for produc- tion costs plus time costs-did not appear possible. About that time Oak Leaf Coal Co. joined the association, and things began to change. In January, Robert D. Esseks, president of Sherwood Diversified Services-parent firm to Oak Leaf-attended a public relations action committee meeting held by WVSMA. Esseks immediately saw the need for dollar-stretching of association funds. "Sherwood operates a commercial film division," he told the group. "We volunteer to produce television commercials and donate them to the association. With production costs out of the way, the Surface Mine Association could afford to buy TV time throughout the state." The association committee-led by vigorous and vocal support of Don Strelet- sky of Bethlehem Steel and Hazlett Cochran of Consolidation Coal-was all systems go. "We certainly appreciate it," association president Gil Frederick told Esseks. The beleaguered industry was beginning to fight back. MAKING THE COMMERCIALS Oak Leaf Coal immediately engaged the services of a television film crew headed by John Nicholas. And Esseks assigned Sherwood's public relations firm-The Alexander Co.-to handle advance work for the film crew and manage the details. That was Saturday. On the following Monday, The Alexander Co.'s Bob Arnold arrived in West Virginia to advance the job. Using leads from Vande Linde, he talked to approxi- mately 50 people throughout the state-seeking suitable candidates for filming. "By this time, our strategy was clear," Arnold said. "We didn't want self- seeking industry members standing up before the camera pushing their viewpoint. We wanted a cross-section of people talking how the abolition of surface mining would affect their lifestyles and livelihood. And that's what we got." Many volunteered. "My only problem was paring down the number of willing participants," Arnold relates. By late Friday night, Arnold had set the film crew's itinerary. He had 19 persons ready for camera. Included among them were: a welder, two truck drivers, a service station owner, a restaurant owner, grocery store clerk, machine shop owner. Helicopters from Hummingbird Air Service had been donated by Phil Nutter, also a surface mine operator and association member. On Saturday morning the film crew went out in three helicopters. The f our- man crew (camerman, sound man, director, and assistant) set up equipment, conducted an interview and then moved to another location in 20 to 30 mm. The crew put 12 interviews on film that day. Sunday, nature intervened. Snow. Helicopters were grounded. To salvage the day, Vande Linde phoned Mrs. William Strange, president of a state-wide miners' wives protest group. "Send them over to my house," she said. "I'll get people over here to be filmed." When film crew director John Nicholas rang Mrs. Strange's bell, at least 100 eager souls were waiting to talk about surface mining. By day-end, 19 subjects were in the can. PAGENO="0045" 35 CLOSING THE RING On Monday (January 18) the film crew flew back to New York with raw film footage. Sherwood's editorial and optical houses started editing and finishing. Within a week, Sherwood's Esseks was presenting a reel of finished commercial tapes to the association public relations committee. WVSMA president Gil Frederick gave the final green light. Eight different commercials started appearing on West Virginia television the first week in February-less than three weeks after Oak Leaf had joined the association. Citizens would turn on television sets and hear: Jack Burdete.-"Thjs thing makes me mad. They want to take my job away because I'm polluting. Heck, you can't raise a conversation in these hills let alone a crop. Tipple operator J. L. Perkins.-"I've never followed politics much before. But when people start talking about taking my job away, it's a serious matter. I'm going to follow politics very seriously now." Gus Glavaris, Logan restaurant owner,-"Almost everyone who eats in my restaurant is supported directly or indirectly by surface mining. Logan, W. Va., would wilt and die without the industry." Further, material did double duty. Fahlgren & Associates, WVSMA's adver- tising agency, developed newspaper ads from the commercial material. Radio commercials were cut out of the TV sound tracks. Reaction to commercials was swift. Government officials received irate letters. Miners protest groups converged en masse on Charleston to buttonhole legislators. As pressure increased, a legislator approached Vande Linde. "We aren't going to pass an abolition bill," he said. "Your commercials are stirring people up too much." He urged Vande Linde to halt the advertising campaign. The campaign's success befuddled opponents. Some leveled wild charges. A letter in a Charleston newspaper questioned the ethics of the ad campaign. It suggested the industry-represented by a "big man in a big car, smoking a big cigar"-paid persons to appear on commercials. "Far from it," says Esseks. "If we had paid anybody, the commercials wouldn't have been as good. We approached the commercials in documentary style. Honesty and believability is the secret of successful viewpoint advertising." PLANNING FOR FUTURE What did it cost? Sherwood spent about $40,000 in fielding the crew, handling the advance work, and editing and finishing the commercials. The association spent another $40,000 in broadcast time and print space. "For our part, we feel the funds were a good investment," Esseks said. "When a company happens to have a facility that can help its industry in a crisis-as we did with our film division-it should step forward and be counted." Of course, winning a battle isn't winning the war-as WVSMA officials readily admit. Plans for next year are already underway. "We know we've got a fight on our hands in 1972," Vande Linde said. "This time we want to start earlier and be better prepared. But this year, it was eertainly vital to lay the facts on the public via television commercials. Since we couldn't have done it without volunteer help, we certainly give major credit to Oak Leaf Coal Co. and Sherwood this time around." PAGENO="0046" 36 [From Mining Congress Journal September 19701 "Whatever one may think of the logic of the nature or environmental moralists, their growing political muscle cannot be ignored by industry. And the extractive minerals industry is recognizing that . . . it is j~ghting for its domestic life" Ecoethics, Environmental Politics and Miner-Devils By EARL COOK Associate Director and Adapted from a paper prenented to the Annual Meetia; of the American Professor of Geography and Geology Inntitate of Mining, Metallurgical, and Petroleum Eng,neere, at Denver, College of Geosciences February 16. 1970. Texas A & M University IN DISCUSSION, there is often a polite and tacit gressive extermination of the infidel to kindly persua- assumption of agreement on the meanings of terms sion, meek example and hopeful prayer. like ethics, morality, sin and environmental quality. Morality is harmony between personal or group ac- But there is substantial evidence that no general tions and a planned or prescribed strategy for reaching agreement exists on the precise meaning of any of the cultural goals defined by an ethic; in other words, these terms, and discussions based on an assumed morality is a measure of ethical conduct. Often lost agreement usually range from fruitless to divisive. In sight of, however, is the fact that morality is not mea- order, then, to stimulate useful discussion, or even to sured in terms of the ethical goal but in terms of the communicate ideas more or less accurately, I must action mode chosen to achieve that goal. Christians, start by giving my own operational definitions of for illustration, have found it much more difficult to ethics, morality, sin, and environmental quality, agree on the appropriate means, in other words on An ethic is a cultural template that limits our free- what is moral, than on the desired end. dom of action and directs our efforts in the struggle To facilitate the measurement of morality, codes of for existence. Technology and our control of energy good and bad conduct are established by each group (including energy stored as money) tell us what we that espouses a particular strategy for reaching an can do. An ethic tells us what we may do, among all ethical goaL The Ten Commandments, all codes of the things we can do, and of the things we may do, honor, and professional codes of ethics are conduct which are better to do than others. An ethic describes codes designed for easy measurement of morality. Per- or implies a set of cultural goals, as well as action haps because man loves to label and categorize his modes for achieving those goals. The cultural goal of fellow man, such codes tend to acquire an importance the Christian ethic is the establishment of the King- that sometimes obscures the goals they were designed dom of God on earth; the indicated action mode, how- to advance. ever, depends on the means or strategy chosen to In this operational context, sin is the commission of achieve that goal, and Christian action modes have an action contrary to a conduct code. Although the ranged from ruthless conversion of the pagan and ag- subscriber to that code will assume that the sinful 9F.PTISMJ5ER 1970 PAGENO="0047" 37 action is equally contrary to the ethical goal of his what the people want, let alone what may create for group, the outsider who sees another way of reaching them, in Aristotle's words, "the best possible oppor- that goal may not agree. tunity for living the good life." Although a religious ethic was used to illustrate The difficulties of determining ethical attitudes of these definitions, the same principles apply to ethics the public are well illustrated on the environment and moral-conduct codes which attempt to deal with scene. One can define such attitudes and study their man's willful relations with his environment, in other historical development more easily than he can mea- words, which attempt to define ecoethics and environ- sure them. mental morality. Except that the term so commonly is used without Three identifiable ethical positions definition, it would seem unnecessary to say that on environment environmental qualitp is an exceedingly fluid concept . . . . I identify three major ethical positions in todays meaning essentially my external environment as iscussions and controversies about environmental rated or graded in terms of things I like and things I * ,, pro lems: the development ethic the preservation don t like. Only by health and hazard measurements ethic, and the equilibrium ethic. By the definitions I can such environmental grading be made anything like use, these are ethical positions because they imply cul- umform. Many, if not most, individual grades given tural goals and state action modes or strategies for to specific environments are based on complex mixes achieving those goals. Each of these ecoethics has its of health, esthetic, political religious and even mysti- . . own appropriate code of conduct against which mdi- cal criteria. . vidual, political, or corporate morality may be mea- Aristotle saw ethics as branch of politics sured. It hardly seems necessary to point out that an action which may be moral in terms of one ecoethic Aristotle considered ethics a branch of politics, for, can be a sin in the context of one or both of the others. he said, "it is the duty of the politician to create for the citizen the best possible opportunity for living the good life,"i and determination of the good life to Aria- Development ethic suggests action totle was a matter of ethics because it was a matter The development ethic is the modern version of the of determining cultural goals. He called the church dominion or conquest ethic, an important element of the ethical arm of the state, and for hundreds of years Judeo-Christian teleology which holds that man and of Western civilization the church was the ethical (and nature are separate and that man has dominion over moral) arm of the state. During this time, the state or nature.2 "Be fruitful and multiply," man was told its prince had little difficulty in determining good (Genesis 1:28), "and fill the earth and subdue it; and (ethical goals), however much difficulty there might have dominion over the fish of the sea and over the be in acting in accordance with that good (morality), birds of the air and over every living thing that moves It was not until well along in the development of upon the earth." In this world view, good comes from our present technological civilization that the church the management and mastery of nature, and it comes as the ethical arm of the state began to atrophy and to from action, not from contemplation or from esthetic be variously replaced by military castes, "old school" sensitivity. alumni establishments, or by the leaders of new sec- The development ethic is reinforced by the work ular religions like communism and capitalism. For a ethic which holds that work is good, and that any sort time, each Western nation had one of these groups as of non-work, except the rest needed to restore either the official or upefficial ethical arm of the state. strength, is bad. Under the work ethic, contemplation Then came the Great Depression which, with the die- is shunned, action is sought, continuous change is tatorships and wars that followed it, shattered the regarded as progress, bigger and faster are better, and dream of universal affluence as well as the ideal of the economic a d population growth are good. perfectibility of man, and left Western man divided The work ethic, which also finds Biblical sanction and doubtful about the old ethical systems. (II Thesaslonians 3:10, "If anyone will not work, let him not eat"), got its great impetus from St. Benedict No ethical arm in modern nation who taught that idleness is the enemy of the soul and A modern nation has no ethical arm, although it will who founded a great working order that at one time have ethically derived moral constraints built into its counted some 40,000 monasteries under its rule. The political-legal and social systems. Its political leaders Puritans brought the work ethic to America: Cotton move cautiously, trying to develop new devices for Mather denounced any "frolick" and proclaimed "what sensing what its people consider good and what they is not useful is vicious." The Puritan philosophy has consider bad. They move cautiously because they face dominated American business and was expressed very sustained and growing questioning of goals and values, clearly by Henry Ford when he said, "I do not believe They move cautiously because opinions differ and con- a man can ever leave his business. He ought to think flict, because many people are uncertain or unclear of it by day and dream of it by night." about their own values and goals. They move cau- tiously because values seem to be changing rapidly, Release of human energy characterizes especially among the young. And they move cau- development ethic tiously because there is great difficulty in determining The development (work-conquest) ethic is still the MINING CONGRESS JOURNAL PAGENO="0048" 38 dominant template controlling the release of human energy in America. In regard to nature it means that a dammed and diverted stream is good whereas a wild river is "lawless;" that any natural resource, once perceived, must be developed else the perceptor is un- American and probably sinfuL The resource developer believes he is one of the vertebrae in the backbone of the country. He points with pride to the new capital he has produced, to the economic multiplier effects of his activity, to the contribution he is making to re- gional economic health and to the national security. The pure conquest-of-nature ethic, once flaunted by Americans, is now, like the iceberg of simile, largely submerged. But the satisfaction of Americans in put- ting men on the Moon, and their willingness to pay for that "adventure in national pride," shows that it still exists. The dambuilder, the bridgebuilder, and the miner all feel the joy of conquest, as do the mountain climber and the astronaut. In regard to what is gen- erally called "nature," however, it is dreadfully un- fashionable to express. Eric Hoffer, the articulate re- tired longshoreman, is one of the few with the courage to be unfashionable in this regard; Hoffer combines a vigorous defense of man's "war with nature" with an aggression-displacement hypothesis:3 the overcoming of nature, so crucial in the ascent of man, can be a most effective agency of humanization in the decades ahead-if for no other reason than that it may divert aggressive impulses and wild energies from social strife3" Preservation ethic has several frameworks The preservation ethic forbids the further alteration by man of natural areas deemed to have special esthetic, recreational, scientific, therapeutic, or eco- logic values. It may also require us to take steps to preserve an endangered vertebrate species other than man. Because this action (inaction?) mode fits several different ethical frames, I shall attempt to define the several ethical reasons for preservation in terms of hypothetical "pure" types of preservationist. First, the mystic preservationist, who believes that nature is good in and of itself. If he doesn't actually regard man as bad, he certainly regards man's altera- tions of natural areas as bad, for he speaks of rape, depecration, and despoiling in describing roads, pipe- lines, dams, and mine dumps. He seems to prefer mountains and pines to plains and sagebrush, and he advocates restricting the quantity (and in some cases, the quality) of visitors to preserved areas. The mystic preservationist may defend, as did St. Francis, another species' "right to existence." Nature mysticism in Judeo-Christian thought, long contrapuntal but sub- ordinate to the nature-conquest theme, may have had its origins in religious retreats into the wilderness for spiritual renewaL~ The nature-therapy preservationist believes that nature is not just good in itself, but that it is good for man, both physically and psychologically. He stresses a built-in genetic need of modern man to get close to and commune with nature, a need which has yet to be demonstrated except by the dogmatic declarations of its exponents. CULTURAL GOAL (high-quality o',vtronment) J1tUll~$ ACTION MODES (development) (preservation) (equilibrium) CONDUCT CODES Mining Is Mining Is Mini~sg Is G~od Bad Necessary MoIc~~uT~ir DECISIONS AND ACTIO$S Y . Comstncb Lode Wdderness System Henderson Proiect Pennsylvania Anthracite Miners Ridge White Cloud Mite? Flowsheet illustraees operational concepts of ethics and morality as applied to mining in the United States The esthetic preservationist also believes that cer- tain natural areas are good for man, because of esthetic satisfactions which may be derived from visiting them. He would preserve an area because it's beautiful, not just because it's wild. The scientific or curator preservationist wants to preserve examples of unusual or endangered species in their native habitat, to preserve diverse ecosystems in an undisturbed state, and even to preserve unique geologic formations from flooding or destruction be- cause he feels man can learn more from natural than from captive individuals, from undisturbed than from altered systems, from natural variety than from humanized sameness. He may also believe that bio- logical diversity strengthens the ecosystem on which man depends. Significant as a political force is the recreation con- servationist who wants natural areas preserved (but not pristine) so that he may hunt, fish, hike, picnic, or enjoy peace and quiet in them. City dwellers supporters of preservation concept The preservation ethic gets a great deal of its force from a reaction to crowded and unpleasant cities. Dis- like of cities is old. Two thousand years ago, the Roman scholar Varro declared cities unnatural and corrupt- ing, and Seneca described the evils of a civilization "too dependent on its machines, its energy-control devices and its creature comforts." These Romans en- visioned a pastoral ideal, where the fertility of soils would be maintained by proper care and the guardians of the soil would be happy, virtuous men. Their good SEPTEMBER 1970 PAGENO="0049" nature was a man-made garden, not a wilderness. Some 1700 years later, the environmental pollution and urban stresses* of the Industrial Revolution brought about a more violent reaction to cities; the garden or pastoral ideal was replaced with wild na- ture. For the first time, only about 200 years ago, mountains and forests became esthetically good. As late as 1770, Samuel Johnson had referred to moun- tains as "rather uncouth objects" and called the Alps "high and hideous." But to Rousseau, Wordsworth, Byron, Goethe, and other leaders of the Romantic movement, they were beautiful and good. They could serve not only as retreats from urban life, but as arenas of challenge where man unaided by machines could test himself against nature, and either renew his sense of fitness or end up in the English cemetery for fallen climbers at Zermatt. In America, the anti-urban reaction was repre- sented by men so different as Thomas Jefferson and Henry Thoreau. Jefferson believed that agriculture makes for individual character and national health and he wrote that "Those who labor in the earth [he didn't mean miners] are the chosen people of God . . . The mobs of great cities," he claimed, "add just so much to the support of pure government, as sores do to the strength of the human body."5 Thoreau saw life of his time as a conflict between industrialism and simplicity, between the exploitation of nature and living in har- mony with nature; he chose simplicity and harmony. But most Americans accepted progress only in terms of rapid conquest and exploitation of the environment. In the America of the i850's, a statement like this in a newspaper article surprised no one: "How great, how glorious is man, the conqueror of nature-and the immortal co-worker with God."6 European emi- grants came to America with visions not only of free- dom, but of wealth. They turned Jefferson's dream into a nightmare as they plowed and dug and cut and blasted and built their way across the Louisiana Pur- chase, which he had negotiated in order to keep America a nation of virtuous farmers. Conservation movement has seen shift in values The westward crunch left behind in the northeastern United States a defeated landscape of deforested hills, depleted soils, rivers lined with textile mills and iron works, and cities already crowded, dirty, and un- healthy. From this wreckage were to come both the forerunners and the leaders of the American con- servation movement: James Fenimore Cooper, a novelist of the man-nature ethical struggle; Thoreau, Emerson, and the other transcendentalists; George Perkins Marsh, prophet of the ecological approach to balanced utilization; Francis Parkman, author of "The Oregon Trail" and mourner of a lost West; the Hudson River School of landscape artists; and finally, Gifford Pinchot and Theodore Roosevelt, who transformed an ecoethic into political reality. The history of the American conservation movement is one of shifting ethical values, both inside and out- side the group calling themselves conservationists. The closing of the American frontier marked the rise 39 of the first phase of conservation. Moved by a fear of coming scarcity of natural resources on which the nation's "progress" and security depended, Pinchot, Theodore Roosevelt and others developed a conserva- tion ethic that reflected enlightened self-interest and patriotic concern, As defined by Pinchot, conservation was not an effort to achieve a balance with nature, but was an effort to attain the most efficient use of nature's re- sources in a manner that would assure each citizen "his fair share of benefit from those resources." There was, perhaps for the first time in a widely accepted nature ethic, a strong element of concern for posterity; Van Hise, one of the conservation leaders, wrote: "He who thinks not of himself primarily, but of his race and of its future is the new patriot." Equilibrium ethic abandons growth.orienfed economy George Perkins Marsh, New England lawyer, author, and minor diplomat, was the first to recognize and document the longterm adverse effects of man's altera- tions of the environment and to advocate planning for ecological equilibrium. His book, called "Man and Nature," published in 1864, was so far ahead of its time that Marsh might properly be called the grand- father, rather than the father, of the equilibrium ethic. The equilibrium ethic would require us, on a global scale, to work towards achieving a stable equilibrium between man and his environment short of disaster. It implies ultimate stabilization of population and abandonment of a growth-oriented economy. Although we still seem a long way from widespread belief in the necessity for such an equilibrium, the Environmental Quality Act of 1969 states that it should be public policy to "achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities." Because the idea of any equilibrium in human popu- lation, in economics, or in resourre use is so foreign to our growth-oriented society, adoption of this ethic as a frame for political decision will require a verit- able revolution in human thought. George Marsh was well aware of this more than a century ago when he wrote, "A political and moral reformation in the world is needed if technology is to aid conservation." Aldo Leopold in 1949, at the close of the first 50 years of the American conservation movement, com- plained that "conservation as preached and practiced has only been enlightened self interest" and urged the development of a land ethic that would embody the concept of equilibrium between man and the land. The modern equilibrium ethic took a long time to emerge, because it springs from the relatively recent awareness of man as part of a world e'osystens, and as a major perturber of that syste" in ways that pro- duce unwanted and potentially le6lsl .tquences. Although in recent yeara man~ Cae~ have joined the equilibrium chorus, the nations aspirations and economic planning remain rather firmly geared to growth. The equilibrium voices were all but drowned MINING 00NG1565619 JOURNAL 69-142 0 - 72 - 4 PAGENO="0050" Many people argue that the de- veloper should be able to prove his propo al has a clea iy ~05 tive be efit cost ratio before he is permitted to alte th e v a me t by b Id g a dam or a highway or tunneling into an ore body. Up to now, the burden of proof has been on the opponent to the proposed alteration but that is chang- ing in the wails of the "undercounted" when the pre- liminary results of the 1970 U.S. Census were released! Environmental politics growing greatly Problems of the environment, whether they threaten man's health, impair his enjoyment, or offend his sensitivity, increasingly are being debated in the political arena and argued In the courts. "The status of the environment," writes Robert Cahn, member of the President's new Council on Environmental Qual- ity, "is a major political issue." Time magazine suggests that "The environment may well be the gut issue that can unify a pola ized nation in the 1970's." Senator Gaylord Nelson, who credits his own conservation activities with his distinction as the only Democrat in the 20th Century to be re-elected as Governor of Wisconsin, has called for a constitu- tional amendment stating that "every person has an inalienable right to a decent community." Young people recently mounted a crusade for the environment, featuring a nationwide environmental teach-in on April 22. In California the Student En- vironment Confederation will exert pressure on can- didates in this year's state elections to run with environmental programs. More than 30 major en- vironmental bills have been passed by Congress in the past four years and many more are in the hopper. We have come a long way from the day in 1875 when President Grant, urged by his Army friends like Phil Sheridan who publicly advocated exterminat on of the buffalo as the best way to handle the md an problem, vetoed the first measure ever passed by the U. S. Congress to protect a species of wildlife. We have come a long way from the day in 1902 when Uncle Joe Cannon,' the powerful Speaker of the House, asserted that Congress "was not going to ap- propriate one damned cent for scenery" and even from the day a few years ago when the late Robert SEPTEMBER i970 S. Kerr of Oklahoma" on the Senate floor warned his colleagues to stop wasting time on "esthetics." Burdens of proof shifting to developer Most significant in all the controversy and discus- sion that swirls about questions of environmental pollution and degradation is the clear evidence of a burden-of-proof shift in the public attitude. Up to now the initiative has been with the de- veloper, the person proposing to modify the environ- ment, and the burden of proof has been on the person who, objecting to the proposed alteration of the en- vironment, has wanted to prevent or restrict it. In the political forum, the opponent has had to persuade decision makers that the cost to the nation of the pro- posed development would exceed its benefits. In the courts, he has had to demonstrate a clear and present physical or financial threat to himself in order to deter development. Now both frames are changing. Extending the new philosophy of drug approval (that they be demon- strably beneficial) to the environment, many people now argue that the burden should be on the developer to prove that his proposal has a clearly positive benefit-cost ratio for the nation, in terms of environ- mental and ecological impacts as well as market values, before he should be permitted to alter the environment by building a dam, carving a highway, spraying pesticides, or tunneling into an ore body. Further, the courts have recognized the right of a citizen to maintain a suit on the grounds of esthetic deterioration of the environment and have awarded damages for noise pollution by aircraft, unrelated either to direct overflight or physical damage, both of which used to be required to sustain such a suit. The courts have even been asked to define a Constitutional right to "an environment free of improvident pollu- Son." 40 PAGENO="0051" man when his opponent is not an identifiable deviL We are worried about our international misadventures, our domestic unrest, and the deterioration of our environment. Since we haven't willed or wished for any of these things, they cannot be our fault; if not our fault, they must be the fault of someone else, either someone who wishes us ill or whose perverted values and goals blind him to the evil he does. So, we create straw devils, in order to focus our indignation, to incite ourselves to remedial action, and to fix the blame away from ourselves. Our international misfortunes then result from Communist ill will or industrial-military power lust, rather than our own mistakes. Our domestic unrest then stems from Eastern liberal propaganda or au- thoritarian repression, rather than our faults of intel- ligence and charity in dealing with racial and moral problems. Our environmental deterioration is then due to the greed of resource exploiters and industrial polluters rather than to our own reluctance to curb our voracious appetite for energy and material things, our strong disinclination to pay the costs of pollution abatement, and our insistence on the freedom to "family-plan" ourselves right out of what we regard as a tolerable existence. Miners make good straw devils The miner seems to make a peculiarly satisfactory straw devil. Miners have long been regarded by both nature preservationists and tillers of the soil as destroyers of nature and therefore evil men. The miner-devil concept may be rooted in the basic fear of dark places, the mythology of the underworld, and the theology that-at least until Copernicus- placed Heaven in the sky and Hell within the earth. But there were more substantive reasons: more than MINING CONGRESS JOURNAL 41 i 11 "Today's politics of the environment are developing against a background of a new wave of reaction against the excesses of cities and the bad fruits of technology. The leaders of this reaction invest nature with both esthetic and moral qualities. There is a resurgent nature moralism that prescribes "right conduct" toward nature and which scorns multiple use as enjoyed rape" I Shift enormously Important to natural resource Industries The importance to a natural-resource industry of this burden-of-proof shift is enormous. With the bur- den of proof on the preservationist, for example, a virgin area may be defiowered (from his point of view) before he can arouse enough political support for annulment. With the burden of proof on the miner, however, an area of economic mineralization might lie untouched for years. Movement of environmental problems into the political arena demonstrates an unwillingness any longer to let experts in the government make environ- mental decisions and an impatience with existing mechanisms for resolution of the problems. Conse- quently, we see more and more public confrontations on specific environmental issues, where the public attempts to bypass the experts in government and to deal directly with the industry involved, through political or legal action or both, and by a variety of mechanisms: through established conservation groups; by means of ad hoc task forces with names like Get Oil Out, Organization for an Unblemished Shoreline, and Group Against Smelter Pollution; through quasi- governmental environmental councils and advisory committees; and by establishing special-technique groups like the Environmental Defense Fund and stu- dent groups for public awakening like the Nature Conspiracy. Tendency is for people to create straw devils Many people appear to require a focus of indigna- tion before they can incite themselves to political action. We will work hard to prevent a bad man from being elected, but we ignore appeals to help a good PAGENO="0052" 42 400 years ago Agricola wrote that farmers blamed miners for destroying fertile fields, cutting down woods and groves, driving away wildlife, poisoning streams, and corrupting mankind by the production of gold and silver. Incidentally, in refuting most of the arguments against mining, Agricola made an astoundingly mod- ern proposition: that "birds, edible beasts, and fish" be purchased and stocked in mountainous regions with the profits from the mining and metals industry.'1 Mining accords with development ethic To the nature mystic, miners personify the evilness of man as against the goodness of nature. They scar, despoil, desecrate, rape. Mining accords with the con- quest or development ethic and during the winning of the American West was highly regarded; it conflicts with the preservation ethic, and as the desire to pre- serve natural portions of our environment grows stronger, mining tends to be viewed as both morally and ecologically wrong. To some authors, mining degrades the miner as well as the environment; Lewis Mumford, for example, in "Technics and Civilization," holds that the habitual destruction and devastation of mining "brutalizes" the miner and says there is indeed "something devilish and sinister about the whole business" of mining." In the nature righteousness of a John Muir or an Aldo Leopold, there is no room for miners, except as devils. And it is as devils that miners appear, not only in sermons from the sierras of environmental piety, but in the pages of sub-objective periodicals like Harpers, the Atlantic, and the Christian Science Monitor. Whatever one may think of the logic (or even the morals) of the nature or environmental moralists, their growing political muscle cannot be ignored by industry. And the extractive minerals industry is recognizing that its actions are being reviewed in political arenas that range from garden clubs and neighborhood bars to the public press and the U. S. Senate; that its plans and decisions no longer can be confined to a neat framework of economics, engineer- ing, and the law; that it has both inherent and ac- quired disadvantages in the public arena; that it no longer has such a great advantage of initiative as it once enjoyed; and that it is fighting for its domestic life. Nature moralism scorns multiple use Today's politics of the environment are developing against a background of a new wave of reaction against the excesses of cities and the bad fruits of technology. The leaders of this reaction invest nature with both esthetic and moral qualities. There is a resurgent na- ture moralism that prescribes "right conduct" toward nature and which scorns multiple use as enjoyed rape. In America, nature moralism descends from Thoreau and Emerson through Liberty Hyde Bailey, the Cornell dean of agriculture who urged his fellowmen to de- velop a sense of "earth righteousness;" through John Muir who at his death was called "the most rapt of all prophets of our out-of-door gospel;" and through Aldo Leopold who wrote that "a thing is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise." Tonight the campfires of the nature moral- ists dot many hillsides, and a measure of their growing confidence is their willingness of some of them to take on both Christianity and capitalism in their crusades. As with Rousseau, who claimed that the victims of the Lisbon earthquake of 1755 deserved their fate for not living in the forests and fields where they would have been saved both morally and physically, there is a feeling that cities are evil and are built on the greed of the industrial establishment that fosters and re- quires cities. Very few people today dare to agree publicly with Eric Hoffer when he says that "It's in the city that man becomes human; no noble ideas were ever conceived outside the city," or, for that matter, with John Wesley Powell, conqueror of the Colorado canyons, who wrote "When a man loses faith in himself, and worships nature . . he lapses into stagnation, where mutual or moral miasma is bred 14 Nature seen as mistreated by man Man's struggle with nature for subsistence was very real to Americans of the 1930's, the time of the Great Depression and the Dust Bowl, of the New Deal and. the Civilian Conservation Corps. In only 30 years, however, most Americans-because of the urban im- plosion and their rapidly rising standard of living- have become separated from direct knowledge of the physical sources of their food, clothing, shelter, fuel, and conveniences, and are shielded from any sense of struggle with nature for the elements of existence. We now see statements that nature hai always been essentially benign or friendly to man, and that in return he has horribly mistreated her. One is re- minded of the long argument between those *ho saw the physical world as a divinely designed abode for man and those who, like Alfonso X of Castile and Leon, retorted, "Had I been present at the creation, I would have given some useful hints for the better ordering of the universe." Can't reason with preservationists The miner and the oil man, as obvious conquerors of nature, now face two kinds of adversary: the pres- ervationists, many of whom live in cities where they enjoy the fruits of the drill while declaiming against its use; and the equiibrists, who would weigh all exploitation decisions in terms of total costs and bene- fits to the nation (or to mankind) and who would give the benefit of any doubt to the environment rather than to the exploiter. The preservationists are implacable foes, who regard mining and miners as evil and whose environmental values are not commensurable; in other words they refuse to transmute their values into interests and to negotiate with those who have other interests. The equilibrists are reasoning critics who demand only that the inclusive cost-benefit ratio of any proposed development project be demonstrably positive; within SEPTEMBER 1970 PAGENO="0053" 43 limits of health, their environmental values are com- mensurable. The preservationists cannot be reasoned with. The equilibrists can, for they agree with Aldo Leopold who said years ago, "We shall hardly relinquish the steam shovel, b~stwe need gentler and more objective criteria for its %~~.h5 With the preservationists, the old democratjc$rules of compromise, accommodation, and exchange of interests will not work, and it is no use to hope for a negotiated settlement. With the equilibrists, incommensurable values still can become real-life cornmensurables by the democratic process. Consequently, the mining industry should attempt to distinguish and keep separate these two groups, and to deal with each in a different way. With the "im- placables," the appropriate mode is political warfare. With the "defenders," the appropriate mode is political accommodation. Whereas in political warfare, one tries to isolate the opponent from his potential allies, to induce him to attack straw targets and accept Pyrrhic victory, to incite him to fatal excesses of choler or malice (which may not work in a political environment where choler and malice appear to be regarded as virtues), or simply to outlast him, in political accommodation one tries to negotiate the most favorable settlement of a specific issue without unduly prejudicing one's future options. Hard choices facing minerals industry It is in this matter of prejudicing future options that the minerals industry faces its most critical political problems. Behind the numerous confronta- tions on specific issues lies a growing demand that the rules of the game be changed, a demand for new decision mechanisms which will allow the public and its representatives to compare alternative plans for developing a resource, be it a river valley, an oil field, or a mineral deposit, in terms of all the costs and benefits, both market and nonmarket; which will allow nondevelopment as an alternative; which will regard preserving options for the future as a benefit, and maintaining environmental quality as a practical goal; REFERENCEs 1 Chapter 2, Book One, The Ethics of Aristotle. 5White, Lynn, Jr. "The historical roots of our eco- logical crisis," ,Science, v. 155, 1967. `Hoffer, Eric. The Temper of Our Time, New York: Harper and Row, 1967. `Nash, Roderick. Wilderness and the American Mind, New Haven: Yale Univ. Press, 1967. `Quoted in Ekirch, Arthur A., Jr. Man and Nature in America, New York: Columbia Univ. Press, 1963. `Quoted in Shepard, Paul. Man in the Landscape, New York: Alfred Knopf, 1967. `Van Hise, Charles R. The Conservation of Natural Resources in the United States, New York: Macmillan, 1910. Ear! Cook has been in the College of Geosciences at Texas A&M Univer. sity since 1965, and he is currenily .,.,sac,ate d~an and prafessar af geag. - rap',y and geolagy. Cook spent three - years, 1963 to 1966, as executive sec. reta,y of the Division of Earth Sciences, National Academy of Sciences-Na. - t~onal Research Council and before that, - / was si,nultaneously dean of the Col. legs of Mines and professor of geology at the University of Idaho and director of the Idaho Bureau of Mines & Geology. Cook was at idaho for 13 years. In earlier affiliations aver a period of 15 years, he worked as a ,shotogeolngist, core drill inspector, Instructor in geol. ogy, sampling torernan, and miner. Cook holds a PhD in geology from the University of Washington. and which will allow the exploitation decision to be made on a best-alternative basis. Some such mechanism may emerge from the smoke and flame of contemporary resource controversies. At the very least, formidable constraints will be placed on the initiative and options of the resource exploiter. The minerals industry is faced with some hard choices. Should it broadly defend, with financIal tooth and legal claw, its present "rights" under the law? Should it negotiate on an ad hoc basis, only at those places and times where it feels forced to do so, hoping to preserve the present frame of the industry whlle allowing a few alterations of the picture? Or should it participate in devising and implementing rather sweeping changes in the fundamental legal and eco- nomic framework of the domestic industry in the hope of staying in the new game, even though the rules may be different? I don't know the snswer.* [*Author~s note: The report of the Public Land L~w Review Commission was released after this paper was prepared. The recommendations of the Commission for changes in the mining laws appear to be an attempt to tidy up the playing field and return more of the receipts to the owners of the stadium without any fundamental change in the game itself. Mining on the public lands would still represent what the lawyers call "a self- initiated right." E.C.] 8Cshn, Robert. "U.S. leaders light fires of concern for nature," Christian Sciesae Monitor, Jan. 27, 1970. 5Quoted in Diamond, Henry L. "The Politics of Beauty," Parks and Recreation, February 1966. 50Quoted in Frome, Michael. "The Politics of Con- servation," Holiday Magazine, February 1967. "Agricola (Georg Bauer). Be re nietallica, 1556, translated by H. C. and L. H. Hoover; New York: Dover PubL, 1950. 55Mumford, Lewis. Technias and Civilization, New York: Harcourt, Brace and World, 1934. "Spoken by Eric Hoffer on TV special on himself, 1969. 54Powell, John W. "Methods of Evolution," Bull. PhiL Soc. Wn., v. 6, pp. li-hi. `5Leopold, Aldo. A Sand County Almanac, New York: Oxford Univ. Press, 1966. MONINO CONGRESS JOVRNAL PAGENO="0054" PAGENO="0055" NATURAL RESOURCES AND ENERGY REQUIREMENTS [From the Minerals Yearbook, vols. 1-11, U.S. Department of the Interior, 1969J TECHNOLOGIC TRENDS IN THE MINERAL INDUSTRIES (METALS AND NONMETALS EXCEPT FUELS) (By John L. Morning 1 A banner year was enjoyed by the mining industry as value of metals and nonmetals reached $8.96 billion. To accomplish this, nearly 4 billion tons of material was handled, including 2.6 billion tons of crude ore. In the battle for lower unit costs, wheel tractor scrapers have found wider application owing to improved design, which has added versatility and increased production capability of these units.2 The development of larger size front-end loaders during the past 10 years has resulted in a change in their use from strictly stockpile loading to competition with electric shovels for primary pit loading applications.3 Also, during the past 10 years there has been an improvement in the cost performance of off-highway haulage trucks with the increase in truck size from 22- to 40-ton capacity in 1960 to the present-day 85 to 120 tons and larger.4 A comparison of various construction and mining earth-moving equipment made by various manufacturers was published.5 Tractor shovels ranged to 22-ton carrying capacity; self-propelled scrapers to 72 tons; and off-highway haulers to 200-ton maximum carrying capacity. Surveys were conducted by the Engineering and Mining Journal on the use of trucks in the metal and nonmetal mining industries.~ According to one study, an estimated 8,930 off-highway trucks were in use in the United States in 1968. Over 67 percent of the trucks in use were over 30-ton capacity; 28 percent were over 70-ton capacity. The great majority were equipped with automatic trans- missions and power steering. Vehicle availability averaged 82 percent and operating costs averaged $15.64 per hour. The survey indicated continued mining industry expansion and forecasts major growth in truck haulage, and increasing use of over 100-ton units. According to the second survey, over 30,000 on-highway trucks were in use at domestic metal and nonmetal mines in 1968. More than half of these trucks were pickup or panel types, and over 60 percent had a gross weight of over 10,000 pounds. In contrast to off-highway trucks, comparatively few on-highway trucks were equipped with automatic trnsmissions and power steering. Operating costs averaged $5.39 per hour. The survey indicated that the use of this type vehicle will grow at the same rate as the mining industry. Big hole drilling continued to hold the interest of miners, contractors, and manufacturers as the Second Symposium on Rapid Exc"~vation was held late in the year.7 It was indicated that raise boring as a method for creating mine openings has accounted for 90,000 to 100,000 feet of big hole raises in all parts of the world to date. Canada heads the list of raise drilling machines in operation with 16 and the United States was next with 12. The worldwide total was 51. The International Nickel Co. Inc., a pioneer in bore hole raising, reported a 40-percent decline in mining costs and a 60-percent increase in mining rate.8 1 Physical scientist, Division of Ferrous Metals. 2 Fltes, Donald V. Tractor Scrapers Break New Ground. Mi Eng., v. 21, No. 5, May 1969, pp. 69-71. 3 Haley, W. A. Trends In Front End Loaders. Mm. Cong. J., v. 55, No. 5, May 1969, pp. 58-60. 4 Halls, J. L., and R. E. Buckley. Open-pit Mining. Mm. Ann. Rev., 1970 ed. (London), Yune 1970, pp. 149-165. Construction Methods and Equipment. Specs. For Your Files 1969. V. 41, No. 11, November 1969, pp. CM1-CM24. 6 Engineering and Mining Journal. E&MJ Survey of On-Highway Trucks in the U.S. Metal and Non- metallic Mining Industry. 1969, 19 pp. Engineering and Mining Journal. E&MJ Survey of Ofi-Highway Trucks in the Metal and Nonmetallic Mining Industry. 1969, 20 pp. World Mining. Big Hole Drilling, Progress and Costs. V. 6, No. 1, January 1970, pp. 28-31. Scott, James J. Underground Mining. Mm. Cong. J., v. 56, No. 2, February 1970, pp. 35-41. (45) PAGENO="0056" 46 Mining minerals from the ocean continued to interest many individuals and concerns. At the First Annual Offshore Technology Conference, sponsored by nine professional technological societies, a prototype underwater mining system suit- able for commercial exploitation of sea resources was described.9 Surface mines continued to account for 95 percent of total material handled and 94 percent of the crude ore produced. Underground mining was rsponsible for substantial percentage of crude ore production in five States; 19 States reported no underground activity. Lower ratios for crude ore to marketable product were the trend compared with 1968, but were generally higher than those in 1964. Ratios for material handled to marketable product for various mineral commodities were generally slightly higher than in 1968, but large-volume commodities were substantially higher. Exploration and development activities continued to accelerate owing primarily to increased activities at copper, lead, and uranium properties. Stripping operations for copper in Arizona accounted for 35 percent of total material handled by exploration and development activities. Arizona also reported over 500 million tons of material handled. This is the first time that any State reported reaching this milestone. In 1968 the use of ammonium nitrate blasting agents continued to increase, whereas the use of permissible explosives continued to decline. The industrial consumption of explosives in 1968 was 2 percent higher than in 1967, but was lower than the record year of 1966 MATERIAL HANDLED Total material handled at metal and nonmetal mines and quarries in the United States, approached 4 billion tons during 1969. The quantity of material handled during the past 10 years has increased at an average annual rate of 3.6 percent. A significant portion of this increase was in waste material handled at surface mines which indicated an increase of 5.9 percent annually; crude ore production increased 2.5 percent. Waste material accounted for one-third of the yearly total of material handled owing primarily to stripping activities in the copper industry. For metal operations, copper mines led in waste and total material handled, and iron mines led in crude ore production. The States of Arizona and Florida continued to be the leaders in matei'ial handled as they have been since 1965. The quantity of material handled in Arizona, Nevada, and New Mexico was more than twice as much as the quantity in 1960. Mineral commodities that indicated a significant gain in material handled, compared with 1968, were copper, manganiferous ore, molyb- denum, uranium, and sand and gravel. Total material handled decreased for placer gold and dimension stone. Surface mines accounted for 95 percent of total material handled during the year; the same as in 1964. However, the quantity of material handled at surface metal mines increased to 93 percent compared with 90 percent in 1964. MAGNITUDE OF THE MINING INDUSTRY In 1969, the number of mines reporting crude ore production to the Bureau of Mines totaled 1,831. In addition, there were 1,423 clay mines, 4,704 crushed and broken stone operations, and 638 dimension stone mines in operation. The 1969 grand total was 8,596 mines, compared with 8,555 mines in 1968; both years exclude sand and gravel operations. Reporting metal mines decreased by 258 mines, of which 50 percent were uranium operations. Nonmetal reporting mines increased by 43 and were spread over a number of mineral commodities. Three iron mines joined the list of those mines producing over 10 million tons of crude ore, but two phosphate rock mines dropped from this category. The Utah copper mine of Kennecott Copper Corp. was the metal mine leader in both output of ore and of total material handled, whereas the Noralyn mine of International Minerals and Chemicals Co. was the leader of nonmetal mines in both categories. COMPARISON OF PRODUCTION FROM SURFACE AND UNDERGROUND MINES Surface mining accounted for 94 percent of the total crude ore production and 95 percent of the total material handled. Although the percentages remained the same as in 1968, some minor shifting occurred for the various mineral commodities. Five 9 Flipse, John E. An Engineering Approach to Ocean Mining. Paper Number OTC 1035, Off-shore Technology Conference, May 18-21. 1969, 16 pp. PAGENO="0057" 47 metal commodities, registered an increase, but four registered a decrease for surface crude ore output. For nonmetal commodities, five indicated an increase, but four decreased in crude ore output. Crude ore production at surface metal mines was more than five times higher than at underground mines; total material handled at surface mines was 14 times higher than at underground mines. Of the nearly 2.5 million tons of material handled at nonmetal mines, only 82,000 tons were from underground operations. Underground mining accounted for substantial percentage of crude ore handled in five States: Colorado, 43 percent; New Mexico, 40 percent; Missouri, 29 percent; Wyoming, 24 percent; and Kentucky, 23 percent. Nineteen States reported no underground activity. RATIO OF ORE TO MARKETAI3LE PRODUCT The trend for most mineral commodities for the year was toward lower ratios of ore to marketable product compared with 1968, but ratios were generally higher than for 1964. At surface metal mines the ratios were mixed compared with 1968, with about equal distribution of gains and losses. Of the large-volume commodities, copper registered an increased ratio, and iron ore indicated a reduced ratio. In general, surface nonmetal mines indicated smaller ratios compared with 1968 with only feldspar and vermiculite registering increased ratios. Ratios of material handled to marketable product for various mineral com- modities indicated increased ratios for nearly one-half of the listed commodities compared with 1968. Copper continued to have the highest ratio as stripping continued to develop new properties and expand other operations. Compared with 1964, the ratio increased 53 percent for copper, 25 percent for iron, and 35 percent for phosphate rock, and marketable units increased 28 percent, 6 percent, and 47 percent, respectively. Most metal commodities indicated an increase in average value per ton compared with 1968 with only mercury and uranium showing a decrease in value. Of the 27 listed nonmetal commodities, 16 indicated increased values, compared with the previous year. Total average value of metal commodities rose to $6.15 from $5.61 in 1968. Total average value data for nonmetal commodities are not comparable with previous published data. EXPLORATION AND DEVELOPMENT The upward trend in exploration and development accelerated in 1969 and totaled 31.7 million feet, compared with 25 million feet in 1968. The data, however, is not comparable because clay and stone mines were not included in the 1969 total. Exploration and development work for clay and stone mines totaled 1.5 million feet in 1966, 1.6 million feet in 1967, and 1.2 million feet in 1968. For metals, a significant increased activity was noted for copper, iron, and uranium mines. Rotary drilling accounted for most of the gain at copper and uranium mines, whereas percussion drilling was largely responsible for the increase at iron mines. Arizona, Colorado, Idaho, New Mexico, Texas, Utah, and Wyoming accounted for 86 percent of total footage of exploration and development and were also the only States reporting over 1 million feet. This compares with 1968 when five States reported over 1 million feet each. Rotary drilling accounted for 76 percent of the total activity, and all categories, ~except trenching and diamond drilling, registered increased footage. Stripping operations for copper in Arizona accounted for 35 percent of total material produced by exploration and development activities. The total tonnage produced increased 28 percent compared with 1968. Increased mining activity in Arizona resulted in the total material handled exceeding 500 million tons of for the first time. Montana and Wyoming joined the list of States reporting over 100 million tons; New York and Pennsylvania dropped from the list. EXPLOSIVES Explosive statistics for the year of review are released too late for incorporation in this chapter. For 1968, 1,948 million pounds of industrial explosives were reported consumed in the United States. This total was 2 percent higher compared with 1967, but was slightly lower than the record high of 1,970 million pounds in 1966. The coal mining industry used 35 percent of the total, metal mines used 21 percent, and quarrying and nonmetal mines, 20 percent. This is in contrast to 1963, when coal mining accounted for 35 percent, metal mining, 17 percent, and quarrying and nonmetal mining, 22 percent of the industrial consumption. PAGENO="0058" 4~ The use of ammonium nitrate blasting agents continued to increase, whereas the use of permissible explosives continued to decline There was no reported use of liquid oxygen explosives during 1968. The five top ranking States in order of total quantity of explosives and blasting agents consumed were as follows: Pennsylvania, Kentucky, Ohio, Arizona, and Illinois This was in contrast to 1963 when the ranking order was Pennsylvania, Ohio, Kentucky, Illinois, and Minnesota In 1968, the explosive consumption of the ranking States totaled 751 million pounds, or 39 percent of industrial ex~ plosives and blasting agents used in the United States. In 1963 the ranking States used 545 million pounds or 37 percent of all industrial explosives consumed. More detailed explosive information is published by the Bureau of Mines in the Annual Explosive issue of Mineral Industry Surveys prepared by Andris Viksne PAGENO="0059" 49 - OOU~ C~) C~)CO ~ ~ - `.OL() W~ C~ C~) 00 C~J ~ ~ ~ ~L() - ~ ~ r-~ 00 Lfl ~ 0)C~)LC) wc~ C~) ~ ~ ~ E a) a) ~ ~a~r ~ a) C%J 00 a)~0 © CD - e~00 C~J © a) ~ a) a) cc H ~ I r 2~ ~ ~ :,~ :~ - C - 00 W~ cc ~ :~ C-, o 00 = ~ ~cr-~ a)r~ L~) 00 LC) Lt) C~) c~ cc ~ - CD - a) cc LU C~J 00 LU LU cc -~C) ~ E ~ ~ C~ ~ ~- ~2 -~cocooc~, 2~~5~-::,i~o C,, PAGENO="0060" TABLE L-MATERIAL HANDLED AT SURFACE AND UNDERGROUND MINES, BY COMMODITIES, IN 1969-Continued tIn thousand short tons] Surface Commodity Crude ore Waste Total Underground All mines Crude ore Waste Total Crude ore Waste Total Nonmetals: Abrasives4 396 141 537 48 48 444 141 585 Asbestos 2, 178 1, 363 3, 541 22 3 25 2, 200 1, 366 3, 566 Barite 6, 038 3, 157 9, 195 115 17 132 6, 153 3, 174 9, 327 Boron minerals 12,461 12, 010 24, 471 12, 461 12, 010 24, 471 Clays 57, 524 50, 000 107, 524 1, 063 5 16 1, 079 58, 587 50, 016 108, 603 Diatomite 1, 042 7, 701 8, 743 268 268 1, 310 7, 701 9, 011 Feldspar 1,698 389 2,087 9 9 1,707 389 2,096 Fluorspar 62 40 102 470 1 471 532 41 573 Gypsum 7,691 11,968 19,659 2,328 73 2,401 10,019 12,041 22,060 Mica 661 463 1,124 661 463 1,124 Perlite 612 1 613 612 1 613 Phosphate rock 126,056 278,411 404,467 671 20 691 126,727 278,431 405,159 ~ Potassiurnsalts. 16,989 819 17,808 16,989 819 17,808 ~ Pumice 3, 952 136 4, 088 3, 952 136 4, 088 Salt 5,400 3 5,403 14,371 636 15,007 19,771 639 20,410 Sand and gravel 936,906 936,906 936,906 936,906 Sodium carbonate (natural) 4,072 124 4,196 4,072 124 4,196 Stone: Crushed and broken 822,077 ~68 822,145 38,935 5270 39,205 861,012 338 861,350 Dimension 54,000 ~900 ~4,900 29 29 4,029 900 4,929 Sulfur: Frasch-process mines 8,003 8,003 8,003 8,003 Other mines 2 2 2 2 Talc, soapstone, and pyrophyllite 553 1,235 1,788 519 14 533 1,072 1, 249 2,321 Vermiculite 1,505 4,150 5,655 1,505 4, 150 5,655 Other° 1,946 2,836 4,782 85 85 2,031 2,836 4,867 Total nonmetals 2,001,000 375,000 2,376,000 80,000 2,000 82,000 2,081,000 377,000 2,458,000 Grand total 2, 456, 000 1, 316, 000 3, 772, 000 165,000 15, 000 180, 000 2, 621, 000 1, 331, 000 3, 952, 000 1 Includes underground; Bureau of Mines not at liberty to publish separately. Estimated. 2 Withheld to avoid disclosing individual company confidential data. 6 Aplite, graphite, greensand marl, kyanite, lithium minerals, magnesite, olivine, pyrites, and 3 Magnesium, manganese, platinum-group metals, rare-earth metals, and vanadium. wollastonite. 4 Emery, garnet, and tripoli. PAGENO="0061" 51 I ~ .2~ ~ ~ ; = : ~ o ~ a) ~ r- c~ COlt) It) -Ut) a) ~C) a) w ~w CO,C a) Lt) ~ It) c~ w ~ C') c~J&fl CC) a)~ ,-`CO~ - C)~t)~ ~ ))) - C)) C)4 C)'-)N. ~,-C ~ C13 - (1) >- CO ~ ~ ~ :~: LU Q CC4 C) a) - - 0) C) ~ a) C)) COC')a) * N~ CO ~ `- ~ H C) -j ~° ~ ~ :~ :~ :~- :~ ~ > ~ * C') c~) CC) C~) < -~:;: 00 H ~ 0 IC) - C~')C) CC)L~ COLD It) ~a) a)CD CO ~W COLt) a)O)t) ~ LI) t) LU It) ~ C(LJ ~-~c'~ ~ ~ a)Lt)lfl cj c' c~ CC) It) 0) C) 0 - ~ ~ ~ :~ :~ :~ - C%J~ a)lt) r- - C) ~ - `-~ ~ C'~ C) ~ CO,-C0) It) C.Ø CJ~ C" ~ C) ) * PAGENO="0062" E 0 0~~ z f~l) LU Co LU 0 C,) 0 -J > C, 0 0 C,, 0 ~ 0 _J .0 0 0 0 CO 0 0 LU C-, cC C,) cC 0 -J 0 cC = -J cC LU LU -J Co cC 52 ~ ~ Co Co CO `~ CC) ~ CO r-. CO CO C) COO) 0)0) 0 I~ ~ C~4 iI ~ c..i COC)J),) Co CO 0)LC)LC) C) CO COCO 00 : 0_CO ©` : ~ ~ OC'J CC) ~ : ~ L~ ~! !1 I~ ~ - Co ~C Co Co Co CO - - ~ C ~ CC) - COO - ~ ~ !::~ * : ~ .J ~ ~ ~ ~ 0 ~~O00 ~00~ ~ C,) PAGENO="0063" 53 ~ 0) CD C) C)).D 0000 CD - C~4 ~ `I) Lt)C) C~4 C) 00 00 r-~ 00C4 - C~4 0) CD C) CD `C'J C\C C~1 C)C) C) ~ :~ ~ ~ ~ 90 ~J ~00~CD ~ C LU = ~ :~ ~ ~ :~ ~ ~ C) LU ~ ~ :~ ~ :~ :~ :~ ~ ~ ~ ~ 0) o : LU - - - ~ C) : CD 0)0) ~ CD : r-. 00C~J co) ~9 :~99~9 :°~ :"~`9°~ ~ ~ ~ :~ ~ LU ~ I ~ ~ 9 cf$C~C;~~ od,-c~r.~r~ u~ ~ ~ ~ ~. :~:::c*JH~o 2 * C) : ~ 9C)oo CD c?)r~ ~ -J LU H:,:,,: o ::: :::::::::::: : _J LU ~, 0 0) 2 ,00 `H `:22.-H. ~ w 0)L ~h ~H i~ ~ ~ a..~Jo.0~o=L..2C)._ I ~ 2 ~ *~~- ~ 0) ~0)0)~c~ ~ PAGENO="0064" TABLE 3.-VALUE OF PRINCIPAL MINERAL PRODUCTS AND BYPRODUCTS OF SURFACE AND UNDERGROUND ORES MINED IN THE UNITED STATES IN 1969-Continued IValue per toni Underground All mines - Principal Principal mineral mineral Total product Byproducts Total product Byproducts Total Nonmetals: Asbestos $4.61 $4.61 $24.81 $24.81 $4.81 Barite 2. 28 2. 28 16. 10 16. 10 2. 53 Clays 4.43 4. 43 8. 13 8. 13 4.49 Diatomite 41.54 41.54 9.32 9.32 33.59 Emery 19.85 19.85 19.85 Feld$par 4.90 $0. 22 5. 12 4.66 4.66 4.90 $0. 22 Fluorspar 22.51 .01 22.52 14.41 $3.80 18.21 15.33 3.37 Garnet 25.09 25. 09 25.09 Graphite 328. 33 328. 33 328. 33 Gypsum 3.52 3. 52 4. 81 4.81 3. 82 Kyanite 11.82 .24 12.06 11.82 .24 Lithium minerals 5.81 .76 6.57 5.81 .76 Magnesite 2.75 .12 2.87 2.75 .12 Mica: Flake 3.69 .01 3. 70 3.69 .01 Olivine 16. 73 16. 73 16. 73 Perlite 8. 24 8. 24 8. 24 Phosphate rock 1.60 1.60 11.70 11.70 1.62 Potassium salts 4. 00 4. 00 4.00 Pumice 1.35 1.36 1.35 Salt 16.73 .75 17. 12 6. 39 .67 7.06 9.39 .69 Sand and gravel 1. 14 1.14 1.14 Stone: Crushed and broken 1.52 1. 52 1.63 1.63 L 52 Dimension 51. 06 51. 06 156. 51 156. 51 52.69 Sulfur: Frasch 24.09 24. 09 24.09 Talc, soapstone and pyrophyllite 6.32 6. 32 7.92 7.92 7. 10 Tripoli 14.13 14.13 4.10 4.10 8.53 Vermiculite 4. ~9 ~ 4~ 4. 49 1. 52 52. 69 24.09 7.10 8.53 4.49 1.69 .01 L 70 3.87 .13 4.00 1.77 -- .02 1.79 ~ .12 4.09 5.77 .26 6.03 4.24 .14 4.38 .18 4.75 8.83 1.12 9.95 5.23 .32 5.55 Principal mineral Ore product Byproducts Surface $4.81 2.53 4.49 33. 59 19.85 5.12 18.70 25.09 328.33 3.82 12.06 6.57 2.87 3.70 CJ' 16.73 ~- 8.24 1.62 4.00 1.35 10.08 1.14 Average value3 Average value-metal and nonmetals3 2.28 Average value-nonmetals (excluding stone, sand, and gravel)2 3.97 Average value-metals and nonmetals (excluding stone, sand and gravel)3 4.57 Includes underground; Bureau of Mines not at liberty to publish separately. 2 Withheld to avoid disclosing individual company confidential data. 3 Including unpublished data. PAGENO="0065" 55 INTRODUCTION BUREAU OF MINES Reprint from BULLETIN 650 69-142 0 - 72 - 5 a chapter from mineral facts and problems, 1970 edition UNITED STATES DEPARTMENT OF THE INTERIOR PAGENO="0066" 56 United States Department of the Interior Bureau of Mines This publication is chapter from Bulleti 650 MINERAL FACTS AND PROBLEMS 1970 edition The complete ol in c g all m e al commodities may be pur chased from the Sup r nt nde t f Doc m nt W hingto D C 20402 for $10 75 PAGENO="0067" 57 INTRODUCTION By Warren E. Morrison 1 and Robert E. Johnson, Jr.l THE EVOLVING MINERALS ECONOMY The first major evaluation of the nation's raw materials prospects after World War II was com- pleted by the President's Materials Policy Com- mission (Paley Commission) in 1952 and submitted to the President in June of that year, as a five-volume study entitled Resources for Freedom. The bulk of the report was devoted to an analysis of the past, present, and probable future of the Nation's mineral supply industries. The Commission's evaluation of the future situation regarding minerals was derived from its forecasts of the probable domestic demand for the major minerals in the 1970's. This de- mand analysis was made in the context of probable worldwide demand, Several crucial as- sumptions were made by the Commission's fore- casters, It was assumed in 1950 that the next 20 to 30 years would see no major wars and be a period of sustained economic growth. Another assumption was that the anticipated demand for raw materials must be supplied at essentially no increase in real cost in order to avoid crucial supply problems. The Commission's forecasts were derived within the context of the country's expected future rate of economic activity. The gross national product (GNP) growth to 1975 was derived from projections of the number of people in the labor force, hours of work, and an index of probable production measured per unit of labor input. It was believed labor hours would decrease and labor productivity would increase. The result was a forecast GNP growth rate of 3 percent. Operating within the framework of forecast GNP, approximately two dozen mineral com- modities were analyzed by the Commission in terms of major industrial sectors that consumed the particular mineral. Forecasts for major con- suming sectors were made through technologic evaluation of the growth of sectors. It was pre- dicted that aluminum would displace copper for many electrical uses. Lead was forecast to be re- placed entirely by plastic for cable covering. of the Assi,tant Director, Mineral Resource Evaluation. The most sophisticated forecasts were in the energy area. The energy fuels were seen as com- peting with each other in the major markets, particularly for electricity generation. The Com- mission realized that a good possibility existed for the massive introduction of labor-saving cap- ital equipment into coal mining, but concluded that the industry was too fragmented and fi- nancially weak to be able to incur the costs of mechanization. In retrospect, such mechaniza- tion has occurred, costs have fallen, and coal use in the electricity generation market has in- creased more rapidly than anticipated by the Commission. However, coal has lost other mar- kets such as process heating more rapidly than anticipated a generation ago. The Commission also concluded that domestic crude oil production would not be able to meet domestic demand at constant costs, and antici- pated supplementary supplies from oil shale and coal liquefaction by 1970. It also felt that unre- strained crude imports would be necessary to keep costs and prices from rising. What actually happened is that petroleum prices declined. Oil from shale and coal is not yet profitable, and petroleum imports are restricted under a national control program. The Commission's electricity consumption forecast was only two-thirds of the actual con- sumption level during 1950-70. This is partly sxplained by the fact that the average real price f electricity has declined 40 percent in 20 years. The case of natural gas is even more startling. The Commission's forecast of natural gas con- sumption turned out to be very much on the low side. At the same time the real price of natural gas has risen more than the price of any of the other minerals analyzed by the Commission. In general, the Commission's mineral con- sumption forecasts were neither consistently high nor low. The estimates for copper, lead, and coal were from one-quarter to one-third too high. The forecasts for the consumption of alu- minum, crude oil, natural gas, and electricity PAGENO="0068" 58 MINERAL FACTS AND PROBLEMS were too low by one-quarter to one-half. The actual consumption figures for steel, ferroalloys, zinc, sulfur, and total electricity fell within 25 percent of the accuracy range, If the Paley Commission's commodity forecasts are adjusted to reflect the actual GNP growth of 5.5 to 4 percent rather than the anticipated 3 percent, individual forecasts that were low are improved somewhat. Aluminum, crude oil, and electricity are moved to within the 25 percent error range. But the shift is not dramatic. The adjustment for GNP error does not correct the forecasts substantially. With the advantage of hindsight, it is now seen that the last two decades have demonstrated almost uninterrupted growth in the economies of industrialized nations and major shifts in the demand pattern for minerals. While the United States has shared in this growth and is still the world's single largest minerals consumer, it no longer dominates the world scene. European countries and Japan have increased their de- mand for minerals at a much faster rate than the United States and account for an increasing portion of total world demand. The geographic pattern of mineral produc- tion has also changed. Production has grown most rapidly in areas of the world that produced few minerals prior to World War II, such as the Near East, Africa, and Australia. Present indi- cations are that further discovery and develop- ment of extensive mineral wealth in these and other areas that were formerly overlooked, will continue as new technologies and science are ap- plied. The Arctic land masses hold great promise as a future source of minerals in spite of the for- bidding climate which renders development a challenging and expensive task. The actual U.S. mineral pattern in the last 20 years is characterized by a strong shift away from mineral self-sufficiency. The domestic min~ erals economy is now much more dependent on world mineral markets than it was in 1950, particularly for petroleum, iron, aluminum, and copper. This same shift has also been pro. nounced in other parts of the world. Europe, which was to a large extent self-sufficient in fuels a generation ago, depending largely on indige- nous coal reserves, has in recent years shifted to a petroleum.dominated energy economy. Virtu- ally all of the petroleum consumed is imported from the Near East and Africa. Europe also depends on outside sources for many of its other mineral requirements. Japan is an extreme example of a highly in- dustrialized economy that has become almost completely dependent on imports for mineral raw materials. To support its industrial growth, Japan imports gas from Alaska, coal from Can- ada and the United States, oil from the Mideast and Indonesia, and iron ore, bauxite, and coal from Australia. Japan also imports large quan- tities of nonferrous ores from South America and southern Africa. To develop these sources, Japan has found it necessary, in many instances, to provide financing and technology for the de- velopment of these mineral supplies. The Jap. anese are even finding it expedient to finance development of coking coal reserves in the most capital-rich country in the world-the United States. One result of the sustained rapid industriali- zation in many parts of the world since 1950 has been the establishment of complex worldwide markets for many of the major mineral raw materials. Not only are the industrial nations moving away from self.sufficiency, their depend- ence on single outside sources is also declining. Industrial nations draw on many diverse foreign sources, and the mineral producing countries export their raw materials to several or all the industrial countries. It is impressive that the world's mineral pro- ducers to date have been able to satisfy this massive growth in demand for minerals in an orderly fashion. A generation ago there was anx- iety that the United States and the rest of the industrial world would not be able to secure minerals except at steeply increasing costs. An impressive job has been performed by the sup- pliers of the world's mineral raw materials in the last generation, yet anxiety over the prospect of scarce supplies and more expensive minerals persists. The Paley Commission's most important single recommendation was that there be a continuous attempt to anticipate the future, and adjust policy. One of the most important conclusions the Commission presented was that the job of insuring an adequate and dependable flow of materials at the lowest cost consistent with na- tional security must be carried on cooperatively by Government and private citizens on a sus- tained basis. Emerging situations. demand con- tinuous reevaluations. Each generation should reassess its requirements for raw materials and adequacy of the resource base. The recent per- vasive anxiety for the maintenance of the quality of our environment further calls for a reassess- ment of social and economic costs in the mineral industries. THE FUTURE OUTLOOK In assessing the progress of the minerals in- dustry in the United States during the two dec. ades since 1950, two main influences stand out. These are the sustained high rate of economic I PAGENO="0069" 59 INTIt0DUCTJON growth and the revolutionary impacts of science and technology on the materials demand sectors. The influence of economic growth on the Na- tion's mineral industries derives from their vital character as suppliers of raw materials essential to the productive process, as well as from their high proportional contribution on a value-added basis to all goods and services, as represented in the gross national product (GNP). Until the l960's, an average growth of 3 percent per year in the GNP was generally accepted as a sus- tainable rate. Actual experience since 1950 has shown GNP growth in constant dollars to be 3.5 to 4 percent annually. For the remainder of the century, the GNP growth rate is predicted as 4 percent. Population growth is predicted at 1.6 percent and industrial production at 4.2 per. cent. Growth of domestic mineral resource de. mand during the forecast period is forecast within a probabilistic range of 3.4 to 5.5 percent per year (tables 1 and 2). This growth is based on contingencies assumed for the future demand for some 88 mineral resources in this volume during the period 1968-2000. Energy 56.3 288.0 158.2 4,659.4 9,158.1 5.2 3.3 Ferrous . 9.1 26.5 18.6 509.5 420.5 3.4 2.3 Nonferrous 21.0 184.2 89.8 2,143.9 1,414.4 7.0 4.6 Nonmetallic .... 30.1 146.4 98.8 2,287.1 1,804.5 5.1 3.8 Total . . .116.5 645.1 365.4 9,599.9 6,792.5 5.5 3.6 ° For detailed commodity breakdown, tee tables I and 2 in Energy, Ferrous, Nonferrous, and Nonmetallic Introductory sections, The range of forecast demand by end uses in many of tbe com- modity chapters was subjected to a probability adjustment witbin two standard deviations about tbe mean. White recognizing that a totalling of the high-tow ranges for competin or substitute com- modities includes some farther bias, this is shown to provide an order of magnitude of the probabilistic range of forecast demand by commodity groupings. The second major influence on the domestic mineral industries, namely that of technology on evolving materials needs in major mineral end use markets, has had an even greater overall impact on the pattern and growth of the Na- tion's minerals supply and demand. Since the 1950's, new materials forms and end uses have been proliferating in response to the evolving needs of users in existing as well as new markets. Science and engineering have been altering properties, improving performance factors, and creating material combinations. Materials users are more and more concerned with these altered properties, performance factors, and combina- tions, and less with the primary resources they are derived from. In contrast to these impacts of economic growth and science and technology on materials demand, there has been a lagging technological response from the mineral supply industries. As far back as 1950, the Paley Commission pre- dicted that future trends of technology in the primary mineral resources industries might not be able to cope with the growing need to exploit lower grade raw materials to meet the rising demand within the current price structure. Twenty years later there is increasing evidence that the Paley Conimission's fears regarding lag- ging technological progress in the mineral sup. ply industries have been realized. Total real costs within a number of primary minerals industries, especially in the nonferrous group, have appar- ently been rising at a faster rate than for the economy as a whole. Many of the Nation's primary minerals indus- tries continue to be oriented toward the produc- tion and primary processing of a single resource, with occasional related byproduct or coproduct output. It is increasingly difficult for raw ma- terials suppliers to predict and interpret the changing needs of materials users in the demand sectors. Confusion and disruption on the supply side may occur either from sudden increases in resources demand that cannot be supplied at current costs or prices within existing capacity, or from abrupt declines in traditional markets with resultant surpluses or cutbacks. Despite the TABLE 1.-Value of world primary demand for minerals, TABLE 2.-Economic indicators used for forecast base 1968, and forecasts to the year 2000 12 projections to year 2000 (Billion constant 1968 dollars, except as noted) - - - ...-. Gram national Total FRB Index of Forecast Cumulative Growth product (billion U.S. Industrial range, demand rate Year constant 1968 population Production Commodity group 1968 2000 1968-2000 (percent) dollars) (millions) (1968-100) High Low High Low High Low 1964 562.6 192,1 80.0 1965 621.1 194.6 86.8 Vt. PRIMARY DEMAND 1966 698.4 196.9 94.6 1967 763.0 199.1 95.6 Energy 20,4 193.2 48.1 1,740.3 1,007,0 5.2 2.7 1960 865.7 201.2 100.0 Ferrous 2.0 6.1 4.5 116.1 94,4 3.5 2.4 2000 2,008J 334.2 572.7 Nonferrous 5.5 52.0 26.9 679.6 466,1 7.3 5.1 Annual gyowth rates, Nonmetallic .... 5.8 27.3 17.6 415.8 326.8 4.9 3,5 l9684000 (percetst).. 4.9 ° 1.6 4.2 Total ... 33.7 188.6 96.9 2,951.0 1,974.3 5534 ° More recent estimates indicate that this figure may be too high; the current suggested rate is 1.3s percent, ntsT-or-Toc-wont.n PRIMARY DEMAND sources: GNP, Suwey of Current Businesa, flecember 1968, Office E gy 859 1048 1101 29191 20661 53 36 p J p fm Elm I H h 14 1968 B Nonferrous 15.5 132.2 62.9 1,464.3 948.3 6.9 4.s FEB I d N I Pt A Nonmetallic .... 24.3 119.1 81.2 1,871.3 1,477.7 5.1 3.8 1 g 1 tOIL Total .... 82.8 456,5 268.s 6,648.1 4,818.2 5.9 8.7 PAGENO="0070" 60 MINERAL FACTS AND PROBLEMS apparent healthy state of many mineral indus- ors.~nted" approach to minerals planning, pro- tries and the increasing demand for their output, graming, and management. The rationale for the rate of new discoveries and development of this approach is that man is increasingly able to reserves is declining for a wide range of minerals, control and determine his future. To an in- Technology has not been forthcoming to lower creasing degree technology, as well as economic costs and increase available supply from pres- and social needs, can be literally planned, pro- ently classified marginal and submarginal re- gramed, and managed into reality. In the sources. The trend for a growing number of minerals area evolving user needs demand new primary minerals is toward higher costs, a level- technology which in turn generates new materi- ing off of domestic production, losses of tradi- als requirements and performance factors. To tional markets, recourse to substitutes, and anticipate these shifts and to assure their success, increasing dependence on foreign sources of alternative futures for materials uses and re- supply. quirements can be forecast and simulated on the Instead of a single heterogeneous source, ma- basis of contingency assumptions for future tech- terials needs are to an increasing degree met nology and other influences. From the contin- from some combination or mix of primary re- gency forecasting of alternative futures for sources, which in turn is derived from a relatively minerals demand, predicted shifts in materials fixed domestic resource base. The failure of some needs can be worked back to calculate the strain primary mineral industries to readily respond on the resource base and which resource mix technologically and organizationally to the will be required under the assumptions. More changing pattern of materials needs is having importantly, forecasts and simulations of future adverse effects of supply-demand relationships. supply.demand relationships for minerals are It is essential that the growing gap between pri- useful for planning, prescribing, and managing mary minerals supply and evolving materials de- needed change and innovation in the minerals mand in such industries be narrowed and some area. kind of balance restored. To achieve this recon- A third requirement for improvement of the ciliation will require a number of changes and working balance between primary resources and innovations in the domestic minerals industries, their materials uses is the restructuring of some some already in progress and others yet to be minerals industries along horizontal and vertical implemented. paths. A number of industries that are presently A first requirement is the extension of the oriented exclusively toward primary production technological revolution that has so drastically and processing of single resources and their by- affected the growth and pattern of materials uses products or coproducts are tending to merge to the primary mineral industries on the supply horizontally into functional resource groupings side. To stem the rising tide of real costs in key that reflect major use patterns-such as energy, mineral industries, science and technology will nonferrous, ferrous, and nonmetals uses. In a be called upon to increase available supplies at vertical process of integration some primary re- reasonable costs as well as to- alter and broaden source producers and processors are also becom- the properties of more abundant, lower cost ing increasingly involved beyond the primary available domestic resources, with the objective processing stages and tending to integrate and of increasing their substitsition potential for merge with materials processing, manufacturing, scarce, high cost, or imported resources. Tech- and user industries. This process of evolution nology must be applied to broadening the re- from a commodity to a functional approach coverable portion of the resource base through in resources.material management is already development of new techniques of exploration apparent in the primary fossil fuels industries. and discovery for resources, lowering the cost of Many aspects of resource-materials interrela- development of presently classified marginal and tionships tend to be unique and characteristic submarginal reserves, extending mineral supply of the specific minerals resources and materials through recycling, and maximizing the recovery uses to which they are applied. However, some and utilization of byproducts and coproducts. general observations can be made with respect There is also a vital need for technological in- to probable levels of requirements for mineral novation with regard to the development of resources to the end of this century. nondestructive approaches to resources and ma- terials production and usage, and to assure the ALL MINERALS maintenance of the quality of the environment Based on the aggregation of the contingency during the entire minerals cycle from produc- forecasts for some 88 mineral resources in the tion to final use. following chapters, it is estimated that the value A second prerequisite for closing the widen- of world primary demand for minerals by the ing gap between minerals resources supply and year 2000 will range from about $365 to $645 materials demand is the need for a "goal billion in constant dollars. About one-quarter of PAGENO="0071" 2R 93, 200 61 INTRODUCTION UNITED STATES REST OF WORLD 264~ 0 ~ 1 s ~ P#000CYION 8,4 C'" II' ` 688 706 - ______________ . 15,000 4,1' -- I6,400~ ` ~_55,000 00 4 5~ 2831 300 6 84J t 75 I,0 2 2,33C 2~,300 `.500 *393,000 3,6 881 36,800- ~ 68,000 50 7,860~.. 34,900S 2,800 310 I,0 1,41 (5 4,000U 11,200 ~00 15,5501 62,000 3,5 700 II 8,550- 60,000 90 - 5,300 9~l7 5 483 3?,000 -. i *l25~O00 Year 2000 consumption data are the high range contingency forecasts developed In this volume. Ficusta 1.-United States and Rest of World Mineral Demand and Supply, 1950, 1968, 2000. PAGENO="0072" 62 MINERAL FACTS AND PROBLEMS the total, or $97 to $189 billion, represents the value of the U.S. range of forecast mineral de- mand for the year 2000. Relating the range of forecast demand for the United States to the situation in 1968, the annual growth of total domestic minerals demand will range from 3.4 to 5.5 percent for the remainder of the century (table 1) - Some idea of the magnitude of these future requirements for mineral resources, and an indication of the capital outlays that will be necessary to achieve them, are evidenced from the cumulation of the value of the probabilistic forecast rate of mineral resources demand be- tween 1968 and 2000. For the United States, the cumulative value to the end of the century is $2.0 to $2.9 trillion, and for the world $6.8 to $9.6 trillion (table 1) - In the last 30 years the United States has con- sumed more minerals than the entire world for all time before. Based on the forecasts for the year 2000 the total constant dollar value of de- mand for minerals in the Nation is expected to increase from three to five times the current level. This substantial increase will result from continuing economic and population growth and be characterized by increasing affluence, ur- banization, and industrialization. Technological progress and innovation will continue to be the main influencing factors in the demand for all resources in the year 2000 THE ENERGY GROUP With respect to the energy group of mineral resources under known technology, the conven- tional fossil fuels-including petroleum, coal, and natural gas, the new fissile fuels including uranium and perhaps thorium, and hydropower -will be the principal energy sources for the remainder of this century. Increasing quantities of the fossil fuels supplemented by fissile fuels will be required for the production of energy within the present conventional energy system of direct fuels utilization and secondary electric- ity generated from fossil fuel and nuclear plants. Nuclear reactors powered by uranium and even- tually thorium are expected to account for an increasing portion of the electric power gen- erating capacity and output. However, fossil fuel plants will still be the major source of utility electricity generated in the year 2000. Contingency forecasts of the total demand for energy to the year 2000, in both constant dollars and British thermal units call for average an- nual energy growth rates ranging from 2.7 to 5.2 percent annually. The total calorific value of the cumulative requirement for energy resources to meet forecast domestic demand for energy in the United States to the end of the century is predicted within a range of 166 to 239 quadril- lion British thermal units. In constant dollar value this represents $1.1 to $1.7 trillion, or about one.third of the total forecast value of all mineral resources demand forecast for the period (table 1). Thus energy resources are ex- pected to continue to dominate the total miner- als requirement for the foreseeable future. The technology of energy resources processing and utilization within the present conventional energy system has progressed to the point where virtually all of the major fossil fuels, as well as the newer fissile fuels, are substitutable for each other in output of energy in the form of electric- ity or process heat. There is also increasing use of fossil fuels for nonenergy uses such as chemi- cals. As the demand for total energy grows, domestic fossil and fissile fuels compete and sub- stitute for each other on the basis of cost.price relationships and their technical ability to meet the evolving requirements of energy forms and markets. In the case of petroleum about one- quarter of domestic demand is met from foreign In response to the increasing demand for sources of supply. secondary energy in the form of electricity or heat, producers of primary fossil fuels-such as coal, oil, and gas-are beginning to group to- gether, becoming energy companies ~producing a range of primary and secondary energy and raw material products. The most palpable re- cent evidence of this horizontal restructuring has been the movement of U.S. oil companies into the coal and uranium businesses. Primary oil companies are also integrating vertically by be- coming increasingly involved in secondary ma- terials processing and beyond, into the fields of petroleum chemicals and other energy and non- energy material uses. In the process of moving from a commodity to a functional energy ap- proach, primary energy resource producers are increasingly able to relate to the evolving forms and shifting uses of the demand sectors. The principal problems anticipated for the rest of this century in respect to energy supply and demand are related to the technological lim- itations of the present conventional energy sys- tem and the required mix of resources necessary to sustain it. There is particular concern for possible future shortages of certain primary re- sources such as natural gas and uranium with respect to the known technology of the uses of these resources in process heat and generation of electric power. Another major cause for con- cern is the ability of the domestic petroleum industry to meet anticipated future demand for liquid fuels at world prices and what portion of future requirements will have to be met from foreign sources of supply under known and an- ticipated technology. With respect to the present energy system, the inefficiencies and environmental problems of di- PAGENO="0073" 63 rect utilization of fossil fuels for space and process heat, transportation, and electricity gen- eration are increasingly evident. There are also growing doubts concerning the efficiency of the system of long-distance transportation and re- lated line loss of utility electricity generated at large thermal electric powerplants, using either fossil or flssile fuels. Finally the environmental problems of electric utility generation from con- ventional fossil fuel and nuclear power generat- ing plants as well as direct uses of fossil fuels are of increasing national concern. It is believed that the conventional energy sys- tem, because of upper limits on its efficiency, the restraints of the resource base, and detrimental environmental effects, will evolve toward alter- nate systems for which technology is known but not yet commercially viable. Such known systems include improved all-electric systems based on fossil or fissile fuels and single-fuel systems such as onsite fuel cells. The latter might provide electricity and heat with full efficiency at part load, dispensing with long-distance transporta- tion of power, and with no environmental problems such as are associated with thermal power. Probabilities for the emergence into wide- spread commercial use of one or more of these energy systems before the end of the century de- pend on the relative efficiencies of such a system to meet forecast energy demand, the impacts on* the resource base necessary to sustain it, and the environmental problems involved from either the system or resources side For example, the present controversy on the relative efficiency of nuclear power versus conventional systems, the prospects of new technology such as breeder re- actors, the potential problems of future uranium supply, and the general ecological problems of nuclear power must be analyzed within the larger context of alternative energy systems and resource mixes. Looking beyond the year 2000, increasing consideration will also have to be given to the eventual exhaustion of conven- tional energy resources within proved and pos- sible energy systems and the need for the introduction of exotic unproven systems, such as solar energy and fusion, to meet the nation's very long-term energy needs. THE FERROUS GROUP Within the ferrous group, iron predominates both in quantity and value. It is also the source of the key metal within the spectrum of metals, steel. Other components of the ferrous group serve principally as additive elements for form- ing alloys for steel and other metal combinations. The major alloys are manganese, silicon, chro- mium, nickel, cobalt, columbium, tungsten, tantalum, molybdenum, vanadium, etc. Where- as the value of primary domestic demand for iron is currently two-thirds of the total value of the ferrous minerals group, the alloy minerals, especially superalloys, are of increasing impor- tance for bringing higher quality and improved performance factors to metals. With respect to the ferrous position in total minerals demand, the group accounted for only 6 percent of the total value of domestic minerals demand in 1968. Based on the contingency fore- casts made for the various components of the group to the year 2000, the domestic demand for ferrous minerals is forecast to grow at annual rates ranging from 2.4 to 3.5 percent during 1968-2000 (table 1) - This is a somewhat slower rate than predicted for the other mineral groups -nonferrous, nonmetals, and energy. The rea- sons are believed to lie in anticipated increases in efficiency through new technology that will be brought to the iron and steel industry during the balance of the century, such as direct reduc- tion, as well as the effects of substitution by materials derived from other minerals, including the nonferrous and nonmetallics. The last decade has witnessed a revolution in the technology and economics of use of the fer- rous group of metals. Much of this has affected supply requirements for higher quality ores and alloys. It is expected that the technological rev- olution will continue within the user industries, and will affect the future requirements for high- grade iron and superalloys. The iron industry is expected to become in- creasingly user-oriented and responsive to chang- ing materials forms and performance factors- These shifts will come from major consumers such as the construction and the transportation industries, as well as from the growing indus- trial processing and user markets. To an in- creasing degree the evolution of the domestic iron industry will also be contingent on the ability of the industry to maintain the quality of the environment on both the demand and the supply side. This will mean increased costs or the introduction of new technology to maintain costs at current levels. The main tasks that face the ferrous group are quality improvement particularly with re- gard to the provision of special alloys and super- alloys; richer iron ores from domestic sources or foreign sources at reasonable costs; and the im- plementation of new technology to lower overall costs within the group, especially with respect to domestic resources presently classified as margi- nal and submarginal. Other requirements neces- sary to improve the economics of the ferrous group of minerals include direct reduction, im- provement of methods of overland transporta- tion of ore to reduce costs, reclaiming secondary metals from superalloy scrap, and improved INTRODUCTION PAGENO="0074" 64 MINERAL FACTS AND PROBLEMS byproduct and coproduct recovery from raw The need to meet the rapidly growing do- materials production. Improvement in metal re- mestic demand for the nonferrous minerals covery at all stages would significantly lower while maintaining the quality of the environ- overall costs. Marine sources of ferrous metals ment, maintaining real costs at reasonable also offer possible major new sources of supply levels, and assuring that the ratio of domestic and an opportunity to broaden the resource base. production to imports is maintained are the ma- Finally technology is needed to further reduce jor challenges for the nonferrous mineral indus- the costs of producing domestic iron and also tries. Much of the response to these challenges increasing the domestic availability of a number will have to come from new technology. There of the alloying metals. is also some benefit to be expected from the increasing tendency toward horizontal and ver- THE NONFERROUS GROUP tical integration among some of the mineral industries in this group. A number of copper- The nonferrous group range from the major producing companies have expanded their oper- industrial minerals-aluminum, copper, lead, ations to include the production of primary zinc, mercury, magnesium, ~snd titanium-to th~ aluminum. Because of the many common mar- precious minerals-gold, silver, and the plati. kets shared by aluminum, magnesium, and num group. Within a broad spectrum of chemi. titanium, the production and processing of two cal and physical properties, tliese minerals t~ieet or more of these elements by single firms is a major portion of the evolving and diversified likely to continue to expand during the remain- metals needs of the iiser markets. der of the century. With respect to vertical The nonferrous minerals constitute the larg- integration, a number of major aluminum and est group within the total minerals complex, copper companies are increasingly involved, accounting for a~out one.sixth of ~he total dollar beyond the Primary processing stages, with value of all minerals demand in the Uni~ed materials needs and product end uses. States, as well as the rest of the world, during 1968 (table 1). Based on contingency forecasts THE NONMETALLIC GROUP of trends of demand to the end of the century, domestic demand for minerals of this group is The nonmetallic minerals are numerous and predicted to expand faster than for the other range from such bulk commodities as sand and groups, with annual rates of growth for 1968- gravel and stone, the annual domestic demand 2000 ranging between 5.1 and 7.3 percent. for which is quoted in billions of short tons, The anticipated growth of value for the mm- down to industrial diamonds and gem stones, erals in the nonferrous group will derive largely which are measured in carats. The last three from growth in the major components of the decades of this century will be a period of rapid group, aluminum and copper, magnesium and growth for the nonmetallic mineral industries. titanium, and the precious metals, gold, silver, The requirements for new buildings, road con. and the platinum group. In the rest of the struction, rehabilitation of blighted cities, food world, anticipated growth for nonferrous mm- production, chemical manufacture, ceramics, erals is also expected to exceed that for the other metalworking, and the host of other established groups (ferrous, nonmetallics, and energy). uses of nonmetals can be expected to increase Based on the forecasts in the nonferrous chap. in volume. Of equal long-term significance are ters, rest of the world value is predicted to grow the opportunities to supplement and replace within a range of 4.5 to 6.9 percent annually metals as they become scarce and expensive. De- during the rest of the century. velopment of performance specifications will The domestic nonferrous mineral indus- expand the use of composites of metals, non. tries have been experiencing rising real costs metals, and nonmineral materials in new and and land use conflicts. In many nonferrous in- improved end products. Research leading to dustries there has been a failure of technological significant improvements in the properties of progress to bring forth new recoverable reserves the abundantly available nonmetals also will or decrease the cost of development of presently enhance their utility. classified marginal and submarginal resources. In 1968 nonm.etallics were the second largest For some of the minerals in this group, their group of minerals, accounting for one.sixth of byproduct.coproduct relationships with other the total dollar value of all primary minerals minerals production places limitations on the demand. Future demand, in constant dollars, present and anticipated supply. In other in- is forecast to grow at average annual rates rang- stances, the persistent high costs qf domestic pro- ing from 3.5 to 4.9 percent to the year 2000 duction are being solved by recourse to foreign (table 1). The probabilistic forecast range is sources of supply. The environmental problems based on the contingencies assumed for the within this minerals group are also increasing nonmetallic mineral demand during the fore- on both the supply and demand sides. cast period. Sand and gravel and crushed stone _________ I PAGENO="0075" are expected to remain the largest value items in the group and to have the fastest rates of growth. In the rest of the world, growth rates to the end of the century are expected to be comparable to those predicted for the United States. The domestic nonmetallic mineral industries, with a few exceptions, should be able to provide adequate supplies from domestic sources at reasonable costs to the year 2000. For the excep. tions, supplies can be obtained from foreign sources or alternatives such as substitutes. How. ever, the maintenance of a high degree of do- mestic self-sufficiency will require solution of many technical and economic problems. For some commodities, such as quartz crystal, lump kyanite, corundum, and industrial diamond, synthesis from domestic raw materials offers a feasible solution to supply problems. Increased recovery of byproducts, improvement of tech. nology enabling use of lower grade reserves, and improvements in production and transpor- tation facilities and costs are other means of enhancing the domestic supply position. Main. tenance of ample domestic supplies of the non. metals provides a foundation on which the United States can adapt to anticipated future shortages when demand outruns supply of the scarcer minerals. Serving, as nonmetallics do, extremely hetero- geneous markets, there is less tendency toward vertical and horizontal integration than in some of the metallic and fuel categories. However, there are advantages of scale and organization to be gained in some of the larger industries so there has been some consolidation among pro- ducers serving the construction and fertilizer fields. Continuation of this trend may be expected where efficiency benefits can be achieved. Urban and environmental problems loom as major factors in the further development of the nonmetallic industries during the balance of the century. Nonmetallic minerals, mined predominantly by open pit methods, in large volume, have a variety of waste disposal and pollution control problems. Most urgent are those involving encroachment of urban develop- ment on mining operations and mineral re- serves, particularly for bulk resources such as sand and gravel. Conflicting land use situations will have to be resolved through multiple land use programs. Publicly acceptable and econom- ically feasible methods of controlling air and water pollution and waste disposal will also be required. MINERALS PREDICTION This edition of Mineral Facts and Problems features an expanded Outlook section in each of the 88 separate commodity chapters. The main objectives of this new coverage are to analyze and forecast alternative future mineral supply demand relationships and to assess their impacts on the resource base. The emphasis on prediction in the 1970 edition is prompted by the increasingly complex relationship between primary resources availability and minerals uses, an acknowledged need for improved re- sources materials management, and the increas. ing role of planning in both Government and the private sector with respect to assuring the Nation's long-term needs within a fixed resource base. The forecasting method used for predicting future mineral resource supply.demand relation. ships in each of the commodity chapters of this edition of Mineral Facts and Problems is called contingency or technological forecasting. The technological label is the one most frequently applied to the method and derives from the fact that much of the work done with, the method to date has been involved with technological contingencies. However, in view of the method's potential for taking other influential variables or contingencies besides technology into ac- count, the term technological can be misleading. Briefly described, contingency forecasting con- sists of predicting and simulating alternate fu- tures based on contingencies assumed for technological, economic, social, environmental, and other relevant influences. The contingencies and the assumptions for these are identified, quantified, and analyzed through "scenarios." The techniques used for the preparation of the scenarios may be described as eclectic or op- portunistic since there is considerable flexibil- ity for the use of judgment, experience, and intuition in the forecasting procedure. The method may avoid many of the rigidities of projection by trend extrapolation, such as me- chanical curve fitting, or the uncertainties of trend correlation or econometric procedures wherein determining or influential variables cannot be precisely identified, quantified, and forecast within a mathematical framework. Conversely, any or all of these techniques may be applied as part of a technological forecasting procedure. Hence, the use of the term eclectic for describing the method. One way to illustrate the use of method is to describe its application within a quantified mod- el. In Mineral Facts and Problems, contingency forecasting for the major energy resources is 65 INTRODUCTION PAGENO="0076" 66 MINERAL FACTS AND PROBLEMS carried out within the framework of the Bureau's national energy model, featured annually in the introductory review chapter of the Minerals Yearbook, Volumes I-Il, Metals, Minerals, and Fuels. The following is a discussion of the forecast techniques used in the "Bituminous Coal and Lignite," "Natural Gas," "Petroleum," and "Uranium" chapters of the 1970 edition of Mineral Facts and Problems. The methodology of the forecasts is discussed in three phases: First, the conditional projections to the year 2000 of current end uses for the major energy components in the Bureau of Mines 1968 energy balance; secondly, the calculation of deviations from these projections on the assumption of contingency situations leading to the establish- ment of probabilistic ranges of forecast de. mand; thirdly, the establishment and analysis of future supply-demand relationships for energy resources during the forecast period. The first phase of the forecast procedure is the projection of the major forms and end uses of the resource components of the Bureau of Mines 1968 energy balance to establish a fore- cast base for each end use in the terminal fore- cast year. The projections are described as "surprise free" in that they merely reflect past trends and are conditionally related to forecasts for the growth of population, economic activity, industrial production, or other relevant indi- cators (table 2) - The projections do not reflect any technological shifts or other contingency impacts on the energy components. The forecast base for each of the major end uses of energy in the year 2000 is a point of departure for the second phase, which is the contingency forecasting exercise. This involves the establishment of contingency situations that are quantified as deviations from the forecast base projections. The contingency analysis is carried out within separate scenarios prepared for each end use. The scenarios set forth as- sumptions for alternative contingencies that will cause quantitative deviations from the year 2000 forecast base. Scenario contingencies reflect either threats or opportunities for each end use in terms of predicted technological, social, political, economic environmental, and other relevant influences. In this second phase, a forecast range of con- tingency demand is calculated for each end use of the major resources within quantitative limits established for both the high and low of the range. Aggregation of these high and low limits of the forecast range for each end use provides an aggregate forecast range of .demand in the year 2000. Where the spread between the high and low limits of the aggregated forecast range for a particular mineral resource is extremely wide, the range is subjected to a probability analysis that includes adjustment of the forecast range for one to two deviations from the mean. In each energy commodity chapter, a torecast range of demand for the subject resource is also established for the rest of the world in the year 2000. Because of the absence of comparable end use data for projection of the rest-of-the- world demand for mineral resources, the cal- culation of the year 2000 forecast range is based on the 1968 rest of the world totals. The rest of the world probabilistic forecast range for each resource in the year 2000 is derived from anal- ysis of parallels with technology, demand, sup- ply' and other influential variables anticipated for the United States. Expected deviations from the U.S. forecast range are reflected in adjusted growth rates for the rest of the world. The third phase of the contingency forecasting exercise consists of relating the energy demand forecasts for the year 2000 to available supply to determine future supply-demand relation- ships. The demand forecasts of energy compo- nents for the year 2000 can be worked back to the base year 1968 to establish whether cumu- lative requirements during 1968-2000 can be met from the available or predicted supply of primary energy resources. Strains on the resource base and the required energy mix necessary to meet contingency situations on the demand side can be assessed. Analysis of probabilistic relationships be- tween contingency demand and available supply under varying assumptions provides insights on future potential problem areas. An example is whether domestic supplies of natural gas or ura- nium in the United States and in the rest of the world will be available, at economic costs and prices, to meet the cumulative range of fore- cast demand for these resources to the year 2000. Alternative approaches and possible solutions to these and other potential problems may be simulated quantitatively within the model. On the demand side, contingencies may be simu- lated and assumptions varied to alter the fore- cast range for the energy components. On the supply side, alternative assumptions can be made for price-cost shifts, for technological prog- ress leading to new discoveries or lower cost development of presently classified submarginal reserves, for shifts in the ratio of imports to domestic production, and for the introduction of substitutes to displace or supplement high- cost energy resources. With respect to the potential uses of contin- gency forecasts in the energy area, one of the main purposes is to provide insights into future supply-demand relationships and identify prob- lem areas or* opportunities. In table 4 in the Energy Resources summary, the probabilistic PAGENO="0077" 67 INTRODUCTION range of forecast demand is quite broad for most of the energy resources, and for any single component the precise point on the range where future demand is most likely to occur may be dependent on a complex set of inter- relationships. However, where problem areas are identified, probability analyses can be used to establish most likely points on the range. This brings us to what might be called a fifth phase of the contingency forecasting exercise- namely, its potential uses for planning, pro- graming, and decisionmaking in the minerals area. Increasing concern with minerals problems both in the private sector and Government is related to identifying, anticipating, and provid- ing for alternative approaches and solutions to threats or opportunities, sufficiently in advance for action to be taken. The establishment of goals or norms for the future, and the taking of prescribed action by the Government or the private sector, can greatly influence the prob- ability of success and make realities out of present contingencies. Man is to an increasing degree able to control and determine his environ- ment. Within limits, technology, as well as economic and social needs, can be literally pro- gramed and managed into existence. With respect to technology, it can be said that all of the inventions or innovations that are likely to improve or change the existing minerals supply. demand system and the ability of the resource base to meet anticipated needs during the bal- ance of the century have probably been iden- tified. The same may be said of many of the other influences that will shape the pattern of future supply and demand. The real challenge of prediction, and of contingency forecasting in particular, is to identify and analyse the impacts of those contingencies most likely to achieve major prominence and large-scale development and have pronounced effects on the economy and the resource base. In addition to reducing uncertainty about the future, contingency fore- casting can also be a major tool for the manage- ment, provision, and assurance of future energy needs. Past issues of Mineral Facts and Problems have been essentially "supply" oriented. The 1970 edition adds a new dimension to the min- erals demand analysis by introducing material forms and end uses. This is accompanied by the prediction of the evolution of such uses to the year 2000 and the possible impacts on the re- source base from contingencies assumed for demand. In the scenarios on future mineral uses in the Outlook sections of the 88 commodity chapters, in the 1970 edition, considerable care has been taken to include~all of the assumptions and analysis leading to these contingencies. Readers are invited to simulate other forecast ranges based on alternative assumptions. The quality and depth of analysis in these scenarios reflect the amount of information and data available for each resource, as well as the judgment, intuition and experience of the analyst. It is hoped that useful dialogues will ensue between Bureau of Mines analysts and knowledgeable persons elsewhere in the Government and in the private sector on the subject of the contin- gency analyses and forecasts carried out in this edition. Authors will welcome all critical com- ments and suggestions for revisions in the next edition of Mineral Facts and Problems. In the intervening years between the 5-year editions of Mineral Facts and Problems, the Bureau of Mines plans to make annual adjustments and revisions to these contingency forecasts. This is necessary to reflect new information, improved data, identification of new problem areas, and to assess the prospective impacts of new tech- nologies, and other contingencies that will affect the future supply-demand relationships for mineral resources. PAGENO="0078" 68 BUREAU OF MINES Reprint from BULLETIN 650 ENERGY RESOURCES a chapter from mineral facts and problems, 1970 edition UNITED STATES DEPARTMENT OF THE INTERIOR PAGENO="0079" 69 United States Department of the Interior Bureau of Mines This publication is a chapter from Bulletin 650, MINERAL FACTS AND PROBLEMS, 1970 edition. The complete volume, covering all mineral commodities, may be put. chased from the Superintendent of Documents, Washington, D.C. 20402, for $10.75. PAGENO="0080" 70 ENERGY RESOURCES The demand for energy in the United States has been increasing at an average rate of 3.1 percent annually for the last 20 years. Gross consumption of energy resources in 1968 was 62 quadrillion British thermal units (Btu), having a value of approximately $20 billion. Rest of the world energy demand has grown at a rate nearly double that of the United States in recent years. The greatest growth has been in the highly industrialized countries of Europe and Asia; however, commercial energy consump- tion in less developed regions is now growing at an even faster rate than in the highly devel- oped areas. In 1968, energy consumed outside the United States was valued at approximately $36 billion. TABLE 1.-U.S. primary production and demand for fuel minerals, 1968, and forecasts to the year 2000 °~ 1968 Year 2000 primary production, constant ratio 4 price'~(l908 High Low Commodity Qaantity Units Valse dollars)° Primary valae Primary Value units - production (million demand (million Quan- Value Quan. Value 1968 2000 (quantity) dollars) (quantity) dollars) lily (million tity (million dollars) dollars) Anthracite Thousand short tons .... Short ton. 8.48 12.40 11,461 97.2 10,160 86.2 4,100 50.8 1,100 10.6 Bituminous coal . Million short tons ... do ... 4.87 4.67 545 2,545.2 499 2,890.3 2,884 13,468.3 1,393 6,900.3 Carbon do do ... 22.00 22.00 82 704.0 25 550.0 76 1,672.0 46 1,012.0 Helism Million cubic feet Thousand csbic feet 80.00 60.00 867 26.0 842 25.3 8,710 222.6 1,440 86.4 Hydrogen do do ... .25 .22 2,060 515.0 2,060 515.0 15,500 3,410.0 Do do do 6,89 52,530 18,885.0 Natural gas (dry) Billion cubic feet ... do °.262 54,900 14,383.8 Do do do ... .164 .410 18,004 8,084.7 18,957 0,108.9 34,300 14,068.0 Peat Thousand shnrt tans .... Short ton. 11.68 11.68 619 7.2 907 10.6 1,687 19.1 818 9.6 Petroleum Million barrels .. Barrel .. . 2.81 2.90 8 879 10,900.0 4,900 13,769.0 18,000 37,700.0 5,800 16,820.0 Shale oil do do ... 3.00 8.00 `> `> `~ <`> 2,000 6,000.0 Thorium Short tons Pound ... 6.82 8.40 110 1.9 110 1.5 2,500 17.0 240 1.6 Uranium do do ... 9.43 20.00 10,463 197.3 2,700 50.9 51,000 2,040.0 48,100 ~,920.0 Total xx XX xx 18,028.1 XX 20,447.7 XX 93,959.1 xx 43,841.0 Year 2000 forecast range 1968-2000 cumulative primary demand primary demand Growth High Low High Low (percent) Commodity Quantity units Value units Quantity Value Quantity Value Value Value (million (million (million (million High Low dollars) dollars) Quantity dollars) Quantity dollars) Anthracite Thousand short tons . ... Short ton. 8.600 44.6 1.000 12.4 198,800 2,070.5 122,000 1,273.7 -3.2 -7.5 Bituminous coal. Million short tons ... do ... 2.689 12,324.1 1,275 5,954.3 41,883 195,860.1 26,959 125,879.9 0.8 3.0 Carbon . do do ... 60 1,820.0 36 792.0 1,300 28,608.0 700 15,400.0 2.7 .4 Helium Million cubic feet Thousand cubic feet 3,600 216.0 1,400 84.0 59,400 2,678.0 84,900 1,570.5 4.5 1,0 Hydrogen do do 15,500 3,410.0 520,000 148,200.0 220,000 62,700.0 10.6 6.5 Do do do ... 52,080 18,885.5 Natural gas (dry) Billion cubic feet ... do ... 55,700 14,593.4 Do do do 84,800 14,268.0 1,180,000 379,680.0 860,000 288,960.0 3.4 1.9 Pest Thousand short tons .. .. Short ton. 2,400 28.0 1,200 14.0 50,000 584.0 30,000 850.4 3.1 .9 Petroleum Million barrels .. Barrel ... 16,400 47,560.0 7,300 21,170.0 508,000 877,800.0 195,000 095,750.0 3.8 1.3 Shale oil do do ... 2,000 6,000.0 20,080 60,000.0 (`) ~i Thorium Short tons Pound ... 2,900 - 17.0 240 1.6 25,000 255.5 5,400 55.2 9.8 2.4 Uranium do do ... 67,000 2,680.0 61,000 2,440.0 1,580,800 45,048.2 1,191,000 85,068.0 10.2 10.6 Total XX 103,168.6 XX 48,146.3 XX 1,740,271.3 XX 1,087,002.7 5.2 2.3 XX Not applicable. Small differences between data in this table and commodity chapters due to rounding. The range of forecast demand by end uses in many of the commodity chapters was sub)ected to a probability adjustment within two standard deviations about the mean. while reco9niaing that a totalling of the high.low ranges for competing or substitute commodities includes some further bias, this is shown to provide an order of magnitude of the probabilistic range of forecast demand by commodity t~ice~ base used in calculating energy values are described in the individual chapters. 4 Quantity of primary minerals that would be derived from domestic sources if present primary supply.demond ratios ore maintained. Growth rates for individual commodities were bawd on demand quantities; total was calculated on demand values. Used to calculate high values. `Less than ½ unit. PAGENO="0081" TABLE 2.-Rest-of-th c-world demand for fuel minerals , 1968, and forecasts to the y ear 2000 Average unit price (1968 Quantity Value dollars) units units 1968 2000 1968 2000 Cumulative 1968-2000 Value Quantity (million dollars) High Low High Low Quantity Value Value (million Quantity (million dollars) dollari) Quantity Value (million dollars) Value Quantity (million dollars) Anthracite Bituminous coal ... Carbon Helium Hydrogen Do Natural gas (dry) Do Peat Petroleum Shale oil Thorium Uranium Tots! Thousand Short ton 8.48 12.40 short tons Million ... do.... 4.67 4.67 short tons do do.... 22.00 22.00 Million Thousand cubic feet cubic feet 30.00 60.00 do do 25 .22 do do 1,35 do do ~.262 do do 164 .410 Million Short ton 11,68 11.68 short tons Million Barrel 1.80 1.80 barrels do do.... 3.00 3.00 Short tons Pound 6.82 3.40 do do.... 9.43 20.00 . XX XX 194,000 1,645.1 1,708 7,976.4 147 3,234.0 50 1.5 2,995,000 748.8 10,688,000 1,752.8 220 2,569.6 9,900 17,820.0 30 90.0 88 1.2 2,200 41.5 135,000 3,400 246 1,000 63,950,000 115,000,000 400 55,000 . 1,000 5,600 64,000 1,674.0 125,000 1,550.0 15,878.0 2,300 10,741.0 5,412.0 163 3,586.0 60.0 200 12.0 24,950,000 5,489.0 22,382.5 30,130.0 70,000,000 28,700.0 4,672.0 300 3,504.0 99,000.0 30,000 54,000.0 3,000.0 100 300.0 38.1 1,038 7.1 2,560.0 55,000 2,200.0 5,063,000 77,300 6,000 9,700 600,000,000 1,400,000,000 9,700 865,000 7,400 59,000 1,300,000 52,857.7 360,991.0 132,000.0 436.5 171,000.0 470,400.0 113,296.0 1,557,000.0 . 22,200.0 603.0 38,272.0 4,950,001) 51,678.0 63,400 296,078.0 4,900 107,800.0 3,400 153.0 880,000,000 94,050.0 970,000,000 325,920.0 8,200 95,776.0 590,000 1,062,000.0 2,000 6,000.0 17,900 182.9 900,000 26,496.0 XX 35,880.9 XX 184,806.6 XX 110,089.1 XX 2,919,056.2 XX 2,066,133.9 XX Not applicable. 1 Used to calculate high values. (TI C) C,, z U 0 20 (.4 (TI to PAGENO="0082" 72 ENERGY RESOURCES TABLE 3.-Estimates of energy resources of the United States and cumulative demand, 1968-2000 Estimated recoverable resources; Cumulative demand, 1968-2000 High Low Percent of Percent of Trillion recoverable Trillion recoverable Resource Units Quantity Trillion Btu Quuntity Btu resource Quuntity Btu resource Anthracite Million short tons.. 26,485 167,000 199 5,000 S 122 3,000 2 Bituminous coal.... and lignite. do 773,453 19,557,000 41,853 1,058,000 5 26.955 656,000 Petroleum' Billion barrels `532 2,975,000 308 1,730,000 58 195 1,096,000 37 Natural gas (dry) . . Trillion cubic feet. . `2,400 2,477,000 1,100 1,166,000 47 855 822,000 33 Oil in bituminous rocks. Billion barrels `4 23,000 Shale oil do `80 464,000 20 116,000 25 0 0 0 Uranium (us U) . .. Short tons `552,500 sO 325,000 1,567,824 804,000 248 1,126,992 663,000 204 Thorium (as Th) do ~~527,000 ss 2,901,000 25,000 138,000 5 5,400 28,000 1 See Mineral Facts and Problems commodity chapters for data sources. At 50.percent recovery. At 5tpercent recovery; approximately 928,000 at 60.percent recovery. `Inclades crude oil and natural gas liquids. `Includes proved reserves: 30.7 billion barrels of crude oil and 8.6 billion barrels of natural gas liquids reported by the American Pe- troleum Institute. Includes 267.4 trillion cubic fret of proved reserves cc ported by the American Gas Association. I An approximate average of the minimum and maximam estimates of recoverable reverves of oils in surface and near.surface oiI-im~ pregnated rocks in the United States, which are shown as 2,495 million barrels and 5,483 million barrels, respectively, in Bureau of Mines Monograph 12, page 7. At 50 percent of the in.place oil of only the shales averaging 30 to 35 gallons per ton, lying less than 1,000 feet below the surface and recoverable by the demonstrated room.and.pillar method of mining (a small portion of the deposits from which oil eventually may be extracted using other technology), 2 Reasonably assured reserves of UsOs at less than $10 per pound, contained in measured and indicated ore, are estimated at 500,000 tons; the UsOs content of inferred ore deposits is estimated at 350,000 tons, Uranium content of the 650,000 tons of UsOs in both cate~ tories is 552,500 tons. 5° With present technology; theoretical maximum energy equivalent is approximately 39,000,000 trillion Btu or 39 quintillion. 52 Reasonably assared reserves of ThOt at less than $10 per pound, contained in measured ore, are estimated at 100,000 tons; the ThO2 content of inferred ore deposits is estimated at 500,000 tons. Thorium content of this 600,000 tons of ThOa in both categories is 527,000 t2 With present technology, theoretical maximum energy equivalent is approximately S7 quintillion Btu. Primary production and demand for mdi. Oil Shale may become an important source vidual mineral fuels in 1968 and forecasts to of oil and gas, though it does not yet Supply any the year 2000, for the United States and the rest of the domestic energy consumed commercially. of the World, are shown in tables 1 and 2, respec- Solar energy, the greatest source of heat, is yet tively. As indicated, the cumulative demand unharnessed except on a very limited scale. for major energy resources from 1968 to the The fossil, or hydrocarbon, fuels are by far year 2000 is enormous. Also, it is anticipated the largest contributors of energy in the United that world demand for major mineral fuels will States, at present supplying approximately 96 exceed current levels by 2 to 5 times in the year percent of the Nation's gross energy inputs. The 2000, depending upon technological, economic, balance is provided largely by hydropower, and environmental, and related contingencies. nuclear plants supply a very small amount. In In combination, there is an abundance of addition, a small percentage of fossil fuels is used energy fuels throughout the world to meet all as a source of raw materials. foreseeable levels of demand to the year 2000 and The possible range in cumulative domestic beyond, with the United States being adequately requirements for each of the major energy re- endowed with indigenous resources to assure sources during the period between 1968 and the self-sufficiency in this respect, either directly or year 2000 is indicated in table 3. The high and through conversions. Nuclear power will im- low ranges were estimated on the basis of con- prove its position tremendously in the energy tingency forecasts of the impact of technological, system, and hydropower as we know it today will environmental, economic, social, and related continue to provide a nominal amount of energy. factors on the demand for the respective re- Although the total of energy resources in the sources, with their major end uses. United States is only a relatively small part of The estimated recoverable resources available world resources, the United States has been at current prices with today's technology in both the most enterprising country in employing them the United States and the rest of the world are to advance its economy and standards of liv- ample in total to meet all foreseeable energy ing, and in upgrading and broading its fuels requirements to the year 2000 and well beyond. resource base in keeping with its technological Technologic advances are anticipated that needs. could substantially increase the amount of eco- The primary sources of energy currently nomically recoverable resources. The technologi- consumed in the United States include petro- cal factors that may have the most pronounced leum, natural gas, bituminous coal and lignite, effect upon individual fuel supplies are the rate anthracite, hydropower, and uranium. Minor of development of fast breeder nuclear reactors sources include wood and geothermal steam. to improve fuel consumption and electricity PAGENO="0083" 73 MINERAL FACTS AND PROBLEMS generation efficiency, continued mechanization In 1968, the percentages of total gross energy and advanced mining and transportation systems utilization (62,424 trillion Btu) contributed by in coal mining, new or improved exploration and the respective energy sources, by market sectors, recovery methods for petroleum and natural were as follows: gas exploitation, and altered energy forms such ___________________________________________ as the production of synthetic gas from coal. Percent There is a high degree of potential substituta~ Houmhold utilities bility' among the various fuels, and new or Energy and * d * 1 Trans. Electric improved conversion and utilization technologies ._c commercia n ustria porsalion generation are expected to change the quantities and forms ~tural g~ in which fuels are used. Conversion of solid and ~0~ro ower : liquid fuels to electricity and gas will be N~cle~ - - - 1 accelerated by the development of improved Totni 100 100 150 100 electric generation methods, gas synthesis proc- esses, and fuel cells. Development of an electric The relative position of electricity in the car as a substitute for the internal combustion energy mix has increased in the last two decades engine and increased use of direct reduction at the expense of direct fuel use. This is demon~ processes and electric furnaces in place of coke strated by the following tabulation of the per. in iron and steel making are examples of utiliza- centage distribution of energy resource use by tion technologies that may have a profound im- form: pact on individual fuels. ___________________________________________ Increasingly, environmental and social con- Percent siderations can be expected to constrain the Farm 1940 1968 supply and limit the use of direct fuels to those D 1 1 82 72 that are nonpollutant Land use and ecological ut i ty I t ly g ii 14 23 considerations may restrict strippable coal supply. Raw materials 4 5 Increased concern with health and safety stand. Total 100 100 ards in mining will accelerate mechanization. In `Includes miscellaneous and unaccounted for. turn, demands for skilled in place of unskilled labor may present manpower problems of such Th~ consumption of energy resources as raw magnitude that coal output is constrained, materials for toe production of petrochemical Other factors influencing domestic fuels feedstocks, asphalt, road oils, lubricants, and supply are changes in supply sources. New dis- miscellaneous products is growing both abso. coveries of large petroleum and natural gas re- lutely and as a percentage of the total, with pet- sources in Alaska, increased exports of coking rochemical feedstocks the dominate use. quality coals, and greater imports of petroleum \~Ihe~eas coal was the m~jor fuel source at the and natural gas including liquefied natural gas, beginning of the century in the United States, are examples of recent developments. Imports of and continues to be in most world areas, petro- petroleum, natural gas, and uranium, all of leum and natural gas became the dominant which are more abundant in foreign countries, sources of overall energy supply irs the United are expected to become more important as sup- States before midcentury. This shift was in re- plemental supply sources. The level of imports sponse to the changing nature of steadily in- is subject to Government regulations, and creasing demand (which increased 84 percent changes in the present oil import program are between 1948 and 1968) as reflected by Inc phe- under consideration. Drastic changes would nomenal growth requirements for gasoline and produce substantial impacts on individual fuel related products, overriding factors of conve- markets, such as electric power generation on nience, and new technologies of energy utlliza- the east coast. tion that tended to discount cost differentials. As we move into the 21st century, energy sys- By the year 2000, total energy consumption is tems will depend less on fossil fuels and more on expected to increase from the 1968 level of 62 natural heat and power forces. The sun, the quadrillion Btu to a range of 166 to 239 quad. oceans, and geothermal heat will emerge as rilhon Btu. The low and high forecasts pre- viable sources of energy. sented in table 4 for the supply of and demand The enerev market constitutes four major for the respective energy sources in the year 2000 are based on a variety of contingency assumptions consumer sectors: Transportation, industrial, and adjustments that are explained in the in. household and commercial, and electricity gen- dividual commodity chapters. eration (utilities). Table 4 shows energy con- As indicated in table 4, the growth in demand `sumption in the United States, by these major for electricity generation by utilities is expected consumer classifications, and energy sources in to be the major phenomenon in the energy 1968 and contingency forecasts for the year 2000. market. This is particularly apparent when PAGENO="0084" TABLE 4.-Consumption of energy resources by major sources and uses, 1968 and contingency forecasts for year 2000 Anthracite Thou- Ted- sand lion End uses short Btu tons Direct resources inputs Nuclear power3 Total Hydropower gross (plus energy imports)5 inputs . Utility electricity' generated and distributed Total three - sector (~ril- lion Btu)' . Bituminous coal Natural gas, dry1 and lignite Petroleum' Total (Trillion Btn) Thou- Ted- Billion Trillion sand lion cubit Btu short Btu feet tons Million Trillion Un- Adjusted barrels Btu adjusted . BillionTrillion kwhr Btu Bil- Ted- (Tril- lion lion lion kwhr Btu Btu Ad~ justed)4 Billion Trillion kwhr Btu Household and commercial: 1968 P 4,759 120 15,224 447 6,251 6,451 1,149 6,581 18,599 18,599 728.0 2,467 16,066 2000: Low range 75 High range 500 Industrial: 1968 P (3,152) 2000: Low range (850) High range (2,850) Food and kindred products: 1968 P 2 18 (80) (21) (72) 18,800 14,242 335,000 8,790 22,227 22,938 (188,450) (5,536) (8,971) (9,258) (88.674) (2,399)(l5,930) (16,440) (744,602)(20,127)(21,097) (21.772) 8.480 260 575 593 818 2,440 (812) (1,445) (4,882) 22 1,992 16,286 21,142 13,940 45,681 40,774 (4,474) (19,348) (7,367) (26,227) (32,982) (24.783) (66,754) (59,999) 134 987 21,142 40,774 (19,643) (32,964) (59,996) 987 6,127.0 6,929.0 (598.3) (3,285.4) (3,715.4) 35.9 20,906 23,643 (2,044) (11,210) (12,677) 123 42,048 64,417 (21,687) (44,174) (72.673) 1,110 16 ~ `< 16 ~ 2000: Low range High range Paper and allied products: 1968 P 1,200 32 1,205 1,244 24,zs8 653 1,710 1,765 14.888 460 330 341 3 58 35 17 1,293 1,535 331 2.749 2,506 211 1,012 1,535 2306 1.012 188.7 213.7 29.9 644 729 102 2.179 3,235 1,114 2000: Low range High range Chemicals and allied products: 1968 ~ 2000: Low range High range Petroleum refining and related industries: 1968 P 2000: Low range High range . 7,550 204 830 857 34,300 926 1,080 1,115 21,483 659 1,181 1,219 20,000 540 .3,405 3,514 247.314 6,675 3,630 3,746 981 1,012 1,820 1.878 72,577 1,952 3,250 5,354 5 77 302 944 3,172 264 394 860 27 1.088 1,121 445 2,486 2,253 1.426 3,304 4,336 8,390 11,169 14,638 25,059 22,281 1,589 2,601 2,393 4,271 5,314 5,222 10,528 9,486 1.321 2,253 3,304 11,169 22.281 2,601 5,814 9,486 169.7 192.2 173.5 958.7 1,078.2 23.9 132.2 149.5 579 656 593 3,254 3.679 82 451 510 1,900 2.909 3,897 14,423 25,960 2,683 5,765 9.996 PAGENO="0085" Stone, clay, glass, and concrete products: 1968 13,003 404 435 449 14 87 940 940 29.9 102 1,042 2000: Low range 10,000 High range 36,572 Primary metal industries: 1968 P 1,280 32 99,313 270 987 2,785 1,020 1,510 836 1,053 1,558 863 2 32 59 10 184 306 1,333 1,566 2,729 2,496 3,986 1,566 160.6 2,496 181.4 3,986 137.6 548 619 469 2,114 3,115 4,455 2000: Low range 675 17 29,500 High range 2,600 66 180,200 All mineral and other manufacturing 802 4,901 1,540 2,130 1,589 2,198 23 277 138 1,638 2,546 3,588 8,803 7,760 3,574 755.2 7,757 854.0 2,577 2,914 6.151 10,671 industries: l968P 1,872 48 31,283 968 4,633 4.781 116 721 6,518 6,518 167.6 573 7,091 2000: Low range 175 High range 250 Transportation: 1968 P 4 20.424 6 149,351 417 551 4.033 12 6,110 7.787 591 6,305 8,036 610 74 406 2,699 446 2,325 14,514 7,306 8,489 14,400 13,217 - 15,136 8,485 925.3 13,217 1,046.3 15,136 5.3 3,157 3.570 18 11,042 16,787 15,154 2000: Low range High range 380,000 Electricity generation, utilities: 1968 P 2,203 57 294,739 9,956 7,074 1,700 2,800 3,144 1,754 2,890 3,245 5,443 7,890 188 30.464 44,221 1,181 32,218 36.359 57,067 52,927 ~ 11,557 12.3 36,359 28.4 52.927 32.2 130 222.9 2,359 14,046 ~l,327.6 97 110 4,529 36,456 53,037 2000: Low range 75 High range 250 Miscellaneous and ur,accounted for: 1968 p.. 46 2 845,000 6 1,520,000 1 20,282 36.480 3.370 9,576 3,478 9,882 137 1,200 52 861 7,544 294 24,623 29,505 53,912 49,029 295 5,421.8 3,614.6 p40,965 632.0 5,056 75.526 p9,441.0 ~3l,327 632.0 32.213 Total gross energy inputs: 1968 p 10,160 258 498,830 13,069 18,957 19,564 4.900 27,044 59,935 12.3 130 222.9 2.689 62,424 52.907 2000: Low range 1,000 25 933,674 High range 3,600 91 2.980.102 22,681 75,353 34,800 55,700 35.914 57,482 7,343 16,412 40,684 90,488 99,504 119,988 223,414 202,729 5,421.8 3,614.6 40,965 632.0 5,056 165,991 31,327 632.0 5,056 239,109 122.651 190,127 z 90 r C, C,, 0 H t-4 90 C,, P Preliminary. tExcludes natural gas liquids. 2 products including still gas, liquefied refinery gas, and natural gas liquids. Represents outputs of hydropower and nuclear power converted to theoretical energy inputs at the prevailing average beat rate at central electric stations. Excludes inputs for power gen. crated by nonutility plants which are included within the other consuming sectors. ~ energy is that contained in all types of commercial energy at the time it is incorporated into the economy, whether energy is produced domestically or imported. Gross energy coin- prises inputs of primary fuels (or the derivatives) and outputs of hydropower converted to theoretical energy inputs. Gross energy includes energy used for production, processing, and trans- portation of energy proper. Industrial sector includes 295 trillion Btu "Miscellaneous and unaccounted for." Utility electricity, generated and imported, distributed to the other consuming sectors as energy resources inputs. Distribution to sectors is based on historical series in the Edison Elec. tric Institute Yearbook. Conversion of electricity to energy equivalent by sectors was made at the value of contained energy corresponding to 100-percent efficiency using a theoretical rate of 3.412 Btu per kilowatt-hour. 6 Energy resource inputs by sector, including direct fuels and electricity distributed. Industrial sector includes 295 trillion Btu "Miscellaneous and unaccounted for." tlncludes bunkers and military transportation. 5Adjusted from 43,374 and 28,917, respectively. Average heat rates: 10,582 Btu/kwhr in 1968; 8,000 Btu/Kwhr the year 2000. PAGENO="0086" 76 ENERGY RESOURCES energy inputs to the three consuming sectors are Notwithstanding an anticipated phenomenal adjusted to include purchased electricity distri- increase in the utilization of nuclear energy, butions as shown in the last column in the table. oil and natural gas will be the predominant It is estimated that total gross energy inputs energy sources. Petroleum will continue to be into electric power generation will increase be- the largest single source of primary energy tween 400 and 500 percent between 1968 and throughout the balance of the century, prin- th~g2O~1~ many factors supporting these cipally because of heavy demands in the trans- estimates are heavily increasing demands for portation market and for petrochemical air conditioning, acceleration in the shift by feedstocks. In the low range of estimated total many industries from the self-generation of demand, natural gas follows closely as a source of power to purchased electricity, and dynamic energy; however, it is exceeded by coal in the technological progress in electronics and in high range of demand. Coal's position in the the development of new uses for electricity in high range results from the inclusion of approx- homes and businesses. imately 80,000 trillion Btu in coal equivalent Principal among the influencing factors on of synthetic fuels that could be required, in power generation will be tremendous growth addition to synthetic fuels from oil shale, to in nuclear energy, from 130 trillion Btu in 1968 supplement supplies of conventional oil and to an estimated range of 31,327 to 40,965 as trillion Btu in year 2000. The timing, extent of g growth, and relative efficiences in nuclear gen- In summary, future energy supply and de- eration in relation to total energy demand will mand will be characterized by significant shifts strongly influence the extent of interchange- in the nature of the energy mix. These shifts ability among the respective energy sources in will be influenced by the rate of total energy meeting total requirements. growth, the relative availabilities of the respec- The changing role of fossil fuels in electric tive energy sources, their cost-price relation- power generation will depend substantially on ships, and changes in technologies of production, nuclear technology. Based on differences in con- distribution, and utilization of the respective tingency assumptions in this respect, the adjusted sources. The major tasks ahead for the res- percentage participation of the respective energy olution of energy problems are those related to resources as inputs to power generation will be (1) the need for new technologies to improve as follows: the efficiencies of present conventional energy systems, (2) the need to improve production and 2000 use of energy fuels to meet urgent requirements Source i968 Low High to end or drastically reduce air and water pol- o~sii °" lution and other environmental concerns, and ~~ear ::::: : :: :: :::: s~ ~ (3) the need to develop entirely new energy Natural gas . . 9 ~ systems because of possible limitations of the Hydropower 17 7 resource base and efficiencies of conventional Total 100 100 iOO systems. PAGENO="0087" 77 [From the Congressional Record] REMARKS BY ROGERS C. B. MORTON, SECRETARY OF THE INTERIOR, AT A MEETING OF THE INTERSTATE MINING COMMISSION, LEXINGTON, KY., OCTOBER 21, 1971 It was a most fortunate day . . . April 27th of this year . . . when officials from Kentucky, North Carolina, Oklahoma, and Pennsylvania met at Raleigh to create this interstate body that is committed to improving surface mining and other practices of mineral extraction. The Interstate Mining Commission came about because of initiative exercised by these states. While the powers of the Commission are of a recommendatory, consulting nature, its very~existence can foster many needed changes in the practices and conditions of the mineral industry. The membership of your Commission seems likely to increase . . . and I sin- cerely hope that it will. I know during your founding meeting at Raleigh, you urged all other states that have surface mining operations to give serious consider- ation to joining your compact. Keep after them. The increasing demand for coal and other minerals and the industry's improved recovery ability have increased mining activity, especially in strip mining. This industry is an important link in our economy, but we must realize that it is capable of disastrous effects upon the environment. It is the surface mining industry that, in the future, will provide a strong domestic mineral supply base and prevent our dependence on foreign sources of mineral raw materials from becoming dangerously large or prohibitively expensive. Surface mining in 1969 accounted for 94 percent of all domestic production of crude metallic and nonmetallic ores: 2.45 billion tons compared with 165 million tons from underground mines. Approximately 38 percent of all coal in 1969 came from surface mines. Pre- liminary data for 1970 indicates that this figure has risen sharply to 44 percent. On a comparison basis, surface mines in 1969 produced 218 million tons and 269 million tons in 1970. Underground mines produced 347 million tons in 1969 compared with 338 million tons in 1970. Only the sharp increase in surface-mined coal enabled the industry to meet demand last year. Many in the coal industry are saying that surface mining in 1971 will overtake underground mining and that-for the first time in history-more coal will come from above ground than below. That prediction could very well come true. If surface mining doesn't overtake underground mining in 1971, it seems bound to occur soon. While we find ourselves in a period of expanded reliance on surface mining, we are also, in 1971, facing an environmental imperative. More than three million acres of land have been disturbed by surface mining and approximately 150,000 acres are added each year. If the trend continues, by 1980, some 5 million acres will have been affected by mining activity. Much of this acreage has been rendered inaccessible, unsightly and disgraceful. Drainage is one of the terrible penalties of surface mining. Our lakes and streams become polluted when acid mine drainage, leaching liquors, processing plant chemicals and mine waters with high iron content are released untreated to local water systems. Runoff from denuded surface-mined land and mine waste accumulations cause siltation of stream channels and possible flooding in affected drainage basins. Stagnant water in strip pits is a breeding ground for insects and a hazard to public safety. As of 1967, surface and other forms of mining had adversely affected fish and wildlife habitat in 13,000 miles of streams . . . 281 natural lakes . . . and 168 reservoirs and impoundments. In 1969, the stripping of overburden and the removal of ore by surface mining in 20,314 active surface mines disturbed an estimated 193,000 acres of land. About 38 percent-73,000 acres of this land-was disturbed as the result of coal mining activity. It is estimated that coal mining disturbed 90,000 acres in 1970. This is an absolutely abhorrent form of land use which should not be tolerated. The land is our greatest resource. We are merely temporary tenants upon a good earth which will remain a hundred thousand years after we're gone. A lot of folks will want to use it in that time, so, while we are in custody of it, nothing but the highest forms of stewardship should be acceptable. I believe, in 1971, that the environmental disturbances engendered by unre- strained mining practices are neither inherent in the mining process, or an economic necessity. I also know that, with proper controls and enforced reclamation, adverse environmental effects can be minimized and held well within acceptable limits. PAGENO="0088" 78 PRESS SERVICE NATIONAL COAL ASSOCIATION Coal Building 1130 Seventeenth Street, Northwest~ Washington, D. C. 20036 NAtional 8-4322 (For Thursday a.m. `s, Sept. 16) SURFACE-MINED COAL IS USED TO GENERATE ALMOST ONE THIRD OF NATION'S ELECTRIC POWER, COAL EXECUTIVE SAYS WASHINGTON, Sept. 15--Surface-mined coal is used to generate almost one third of the electric power that lights, heats and cools homes, ~usiness and industrial enterprises throughout the country, Carl E. Ilagge, president of the National Coal Association, said today. The electric utilities are the heaviest users of coal in the nation, Mr. Bagge pointed out, relying on it for half of their steam-generating capacity. A survey just completed y NCA economists shows that coal recovered by surface mining made up ~4 per cent of.the nation's total bituminous and lignite coal produc- tion in 1970, and three fourths of this surface-mined coal went to electric utilities. `It should e clearly understood that many major electric utilities would e in bad shape for fuel supplies if there were to be a serious interruption in surface mine production, Mr. Bagge said. "It is not stretching the facts in any way to say that without coal from surface mines, brownouts and even blackouts would be inevitable in many heavily populated areas." The NCA study of coal distribution from surface mines was made in prepara- tion for hearings before the ~`lines and `:Lining Subcommittee of the house Interior Committee next week on proposals for Wederal regulation of strip mining, Mr~ Bagge reiterated that the Association he heads is not opposed to legislation requiring surface-mine operators to meet federal standards in land reclamation, but wants to leave the primary job of developing specific regulations to the states because of variations in climate and typography. PAGENO="0089" 79 We recognize that federal standards are needed, Mr. Bagge said, but the study just completed by our staff shows how utterly ridiculous it would be for Congress to give serious consideration to prohibiting surface mining altogether, as some members of Congress have advocated, especially since the technology exists to achieve effective reclamation. Mr. 3agge made public these results of the study: 1. Surface-mined coal production totaled 264 million tons in 1970, or 44 per cent of the total 602. 9 million tons of bituminous and lignite coal production. 2. Approximately 198 million tons- -75 per cent--of the 264 million tons produced by the surface mining method went to U, S. electric utilities for power production. This 198 million tons amounted to 60 per cent of total shipments of 331 million tons to the electric utilities in 1970 from all bituminous and lignite coal mines. 3. The 198 million tons of surface-mined coal is the equivalent of some 431. 8 billion kilowatt hours of electricity. This would represent 28. 2 per cent of total electric energy production of 1, 529. 6 billion kilowatt hours in 1970. Surface- mined coal was 23 per cent higher in 1970 than in 1969, while underground produc- tion decreased 2. 4 per cent in 1970 compared with 1969. Further increases in surface mine production in 1971 are indicated. 4. The 431. 8 billion kilowatt hours also is the equivalent of the output of some 62 nuclear generation plants of 1, 000 megawatts each, operating at 30 per cent of plant capacity. The 198 million tons of surface-mined coal is the equiva- lent of 33. 7 per cent of the 1, 282. 3 billion kilowatt hours produced Ly all fuels, including nuclear power. 5. The `~ 31. 8 illion kilowatt hours of electricity is approximately the same as the total 1970 generation of electricity in the New England, South Atlantic and East South Central census regions (18 states and the District of Columbia). PAGENO="0090" 80 Mr Bagge said that 264 tnderground mines of one million tons annual capacity each would be required to produce the coal that came from surface mines in 1970 The capital cost of 264 underground mines would oe from $3 2 to $3 7 billions 1/r 3agge said and the time required to ouild them would e a minimum of three to five years if the capital and the manpower were available Underground mines employed some 100 500 men in 1970 compared with 24 800 in surface mines It would cost an additional $500 nillion to produce underground the coal that came from surface mines in 1970 Mr Bagge said PAGENO="0091" 81 NATIONAL COAL ASSOCIATION COAL BUILDIN1~ WASHINGTON, II. C. ~DD3B FACT SHEET ON U.S. SURFACE-MINED COAL IN 1970 1. In 1970, surface..mined coal production totaled 264.1 million tons, or some 44 percent of the total of 602.9 million tons of bituminous and lignite coal production. 2. The 1970 production of 264.1 million tons from surface mines was up 50.8 million tons, or 23.8 percent over the 1969 production of 213.4 million tons. The 1970 production of 333.8 million tons from deep mines was down 8.3 million tons, or 2.4 percent, from the 1969 level of 347.1 million tons. 3. Approximately 198,015,000 tons, or some 75 percent of the 264.1 million tons of surface-mined coal produced in 1970, were shipped to u.s. steam-electric utilities. 4. The 198 million tons amounted to 59.8 percent of some 331.4 million tons of 1970 bituminous coal and lignite production shipped to U.S. electric utilities. 5. Tha 198 million tons of surface-mined coal shipped to the utilities represents the equivalent of some 431.8 billion kilowatt-hours of electricity which, when compared with the actual 1970 experience, would amount to: a. 28.2 percent of total electric energy production of 1,529.6 billion kwhrs. b. 34.3 percent of 1,259.5 billion kwhrs produced by fossil fuels (excludes hydro and nuclear). c. 33.7 percent of 1,282.3 billion kwhrs produced by all fuels, including nuclear power. 6. The estimated 431.8 billion kwhrs of generation from surface-mined coal closely approximates the total 1970 generation of electricity in the New England, South Atlantic and East South Central Census Regions (18 states and the District of Columbia). 7. The estimated 431.8 billion kwhrs generation from surface-mined coal is the equivalent of the output of some 62 nuclear generation plants of 1,000 MW capacity each, operating at 80 percent of plant capacity. 8. In barrels of oil equivalent (converted on basis of 24 million Btu/ton of coal and 6.3 million Btu/bbl of oil): PAGENO="0092" 82 a. 198 million tons of surface-mined coal equals some 752.5 million bbls of imported oil valued at $2.3 billion, on basis of $3 per bbl. b. 264.1 million tons of surface-mined coal equals some 1,003.7 million bbls of oil valued at over $3 billion. 9. Some 264 deep mines (of 1 million tons annual capacity) would be required to produce the 264.1 million tons of coal produced by surface mines in 1970. 10. The capitalization cost of 264 new deep mines would range from some $3.2 billion to $3.7 billion ($12 to $14 per ton of annual capacity). a. It requires approximately 3 to 5 years for a new deep mine to reach full production. 11. In 1970 the approximate number of workers at bituminous coal and lignite mines (excluding mill workers) was: Deep mines, 100,500; surface mines, 24,800. (Preliminary data from Office of Accident Analysis, U.S. Bureau of Mines.) 12. Underground production of bituminous and lignite coal in 1970 totaled 338,788,000 tons. (338,788,000 tons divided by 100,500 average men working daily (excluding mill workers) equals 3,371 tons per man per year.) 13. Some 78,358 deep mine workers (excluding mill workers) would be required to produce 264.1 million tons of coal (on basis of 1970 experience). 14. Assuming that all surface mine workers (24,800) would accept employment at deep mines, an additional 53,558 miners would be required to produce 264.1 million tons of coal. 15. On a 1970 basis, the estimated wages and salaries (including vacation and holiday pay) of mine production workers (including supervisors and on-site tff ice workers and excluding mill workers) required to produce 264.1 million tons of coal would be: a. Deep mines: $745 million b. Surface mines: $248 million 16. On basis of Item 15, it would cost an additional $497 million in wages and salaries to produce the 264.1 million tons (of surface-mined coal) at deep mines. (Increased cost of some $1.88 per ton in additional wage and salary expense.) PAGENO="0093" (From Field & Stream, August 1971] LET'S LOOK TOWARD AN EARLY END OF STRIP MINING (By Richard Starnes) URIAH SlEEP is literature's preeminent hypocrite-a meaching, unctuous dis- sembler, a hand-washer who pretends to be a forthright and upstanding guy but who is really a crook and a moral leper. It may seem more than a bit strange to start off a piece about TVA and the strip miners by alluding to old Uriah, but in fact the Tennessee Valley Authority and Dickens' celebrated rogue have certain startling similarities. Both pretend to piety and good works, and both are double-dyed villians. In short, both are terrible hypocrites. In all the calamitous national scandal of strip mining, there is a gaudy array of malefactors, to be sure. But none quite touches TVA for the wicked role it has played. It is the worst not only because it is by far the world's largest user of strip- mined coal, but perhaps even more because it traditionally pretends to be on the side of the conservationist, ecologically-right-with~God angels. I know of no worthwhile estimate of how many thousands upon thousands of hillside acres have been destroyed to fill TVA's insatiable furnaces. But its current "burn" is on the order of 31 million tons of coal a year-all of it strip mined. And before we get into TVA's self-serving arguments for the defense, let us finally agree on one central fact about strip mining: There is no effective means of reclaiming or restoring the typical strip-mine site. Except for a handful of essentially phony showpiece restorations, the prevailing custom among strip miners is to leave the ghastly scars in the earth pretty much the way they were when the last truckload of coal was removed-easy prey to erosion and to acid water runoffs that poison whole watersheds. "Like putting lipstick on a corpse," is how current strip-mine reclamation efforts were described to me on a recent trip to West Virginia. Look at the figures. The Bureau of Mines in 1965 said that over 1.3 million acres in the United States had been stripped by coal operators. Now the Bureau estimates that over the last six years another 480,000 acres have been stripped- but that only 56,000 acres have been reclaimed. It's a mighty dismal picture. Until 1965 TVA didn't even pay lip service to restoring the land that had been destroyed to get it cheap coal. Then, in response to the outraged howls of a few journalists (of whom I am proud to say I was one) TVA grudgingly wrote a restoration clause into its procurement contracts. It was a sick joke then and it is a sick joke now, for most authorities at long last have agreed that even if good will and a willingness to pay the price are present, it just isn't possible to undo the horrible affronts to nature that are routinely committed by the strip miners. But TVA's propaganda apparatus is almost as considerable as its steam plants, and for a time about 1965 it got away with pointing to the come-lately reclamation clause in its coal contracts. Look a-here, their flacks would declaim, we got it writ into our contracts. Don't you pay no mind to what some roughneck reporter is writing. Weary and angered by it all, three environmental organizations recently filed a Federal lawsuit accusing TVA of ignoring environmental protection standards in contracting for strip-mined coal. They were joined by Harry Caudill, a Kentucky lawyer and author, who has fought a hard battle to save the mountains he loves. Citing "the systematic destruction of mountains and countryside," the suit asked the U.S. District Court for the Southern District of New York to find that TVA had "blatantly" broken the National Environmental Policy Act of 1969. There is no denying that TVA reservoirs have provided a lot of recreation over the years. Now, however, even some of the agency's best friends are scratching their heads in disillusionment at the overpowering environmental damage it has caused. (83) PAGENO="0094" 84 TVA has run the whole gamut of arguments to defend its role in strip mining But all of them collapse because ultimately people go and look at the land still being ruined despite the 1965 reclamation clause So now, after decades of oleagi nous writhing that would have done credit to old Uriah himself, the great strip mine conspiracy has arrived at its last line of defense The nation, goes the ultimate argument, is deep in the throes of~ an energy crisis (that is to say a shortage of electricity) and hence any evil can be condoned if it produces more coal for the steam plants of TVA and other power companies I think it is possible to demonstrate that the energy crisis is largely boloney, a sausage having the aroma of fine old gorgonzola that has been contrived by the philosophers of strip mining and off shore oil drilling, the oil import quota entre preneurs, and other such high minded chaps But, temporarily and fo the sake of argument only, let us assume that there is an energy crisis, or that there soon will be one It seems to me that the answer to the profligately wanton use of electricity for which America is noted is to reduce the amount of electricity we use-and often waste-not to destroy the very earth we live on in an attempt to meet ever expanding demands for power No other people are as hooked on bright lights as we are Big cities like London do have their bright spots but they do not have the endless miles of garish neon highways spoking away in every direction Outside this country, it is rare to find homes heated by electricity The household appliances that Americans take for granted are still novelties to most of mankind And even if we do continue to give the strip miners carte blanche to rape our mountains, can we meet the insatiable demand for electrical energy that will be heard if our present habits carry over to a population that some soothsayers claim will double in three or four decades? Of course not Sooner or later the nation will have to adopt a more rational energy policy Unless this is done, we will likely have no real means of defending the land against the depredations of the strippers But those steps, in my judgment lie somewhere in the future For now it should be sufficient to show that the energy crisis is a cynical ploy that is being attempted to serve wicked ends The fact is that we are still a coal exporting nation, particularly to Japan I am indebted to one of TVA's prime propaganda organs its quarterly (mailed free at taxpayers expense, by the way) called Tennessee Valley Perspective, for informing me that Tennessee Consolidated Coal Co has contracted to sell up to a million tons of coal mined in Marion, Grundy and Sequatchie counties to the Japanese metallurgical industry There is also at least one $1 6 million contract to ship West Virginia coal to Japan At long last, constructive action may be forthcoming from Washington In late 1969 Congress forced coal men for the first time to provide honestly for the safety and health of their workers Now at least half a dozen bills have been introduced to deal with the strip mining scourge The toughest of them all and very possibly the best sponsored by Representative Ken Hechier, of West Virginia, has attracted more than sixty five co sponsors in the House and is picking up support in the Senate as well Hechler's bill, HR 4556, is unique It would ban all strip mining within six months Strong medicine? Sure but that s what is called for to save the patient As the determined West Virginia legislator-the environmental "doctor" of the case-aptly analyzes the disease "Billions of tons of valuable topsoil, trees, rocks, the habitat for wildlife and the hills themselves are being chewed and churned up because it's so cheap to make a quick killing when you can pass the environmental costs on to future generations" PAGENO="0095" 85 The blunt fact is that strip mining is an earth cancer that is spreading at an ever faster rate. It can't be cured by cosmetics any more than it can be hidden any longer by lies. It needs to be stopped entirely, and those of us who want to stop it had better want to hard enough to ask our people in the Congress where they stand. The good life you save will be your own. PAGENO="0096" 86 [From Massachusetts Audubon Newsletter, April 1971] There are few issues that are more likely to divide the industrial community from those whose primary concern is environmental quality than the problems associated with the increasing production of energy and goods in the U.S. today. The problem is summarized in the recent report of the National Goals Research Staff: America appears to be at a point of pro- found change, frequently characterized as that from an industrial society to a "post industrial society" - from a society in which production of goods was of primary concern to one dominated more by services and the generation and use of new knowl- edgeS We shall discuss some aspects of this problem, namely, the factors that en~ courage wasteful use of energy, and some of the social and environmental costs that should be included, but presently are not, in the total cost of energy. The Role of Energy It has been stated that availability of large amounts of concentrated energy has been a most important factor in the evolution of modern industrial society. As per capita consumption of energy has grown over the past two centuries so has the Gross National Product. Growth in production and services seems to be, at least psychologically, one of the cornerstones of our `economic system. it is therefore not surprising to find that the growth of energy produc- tion has been promoted not only by the federal government, but also by state and local governments. At a recant meeting of the American Institute of Chemical Engineers, Mr. Robert Jaske, a leading engineer in the area of heat rejection problems, summarized the situation: In the long run, tho solution Ito the heat rejection problomsi may lie in a complete reevaluation of the use of energy . the time has come for serious examination of national energy policy on a brood front. Such an examination will discowr early that the primary motinating force in the expan. sios of the use of energy has been the subsidization policy of the federal severe. A similar view is espressed in the recent report Electric Power anti the En. vironment, prepared by the Energy Policy Staff of the Office of Science and Tech- nology: There are numerous statutos enacted aver the pest few decades which expressly state a U.S. government policy of promoting low energy costs. This policy affects not only the pricing of electricity generated by fed orally owned entities but the policies of federal regulatory agencies and recipients of federal loans as well. These policies should be reconsidered to assure that they are beet adapted to the future needs of the Nation.5 Nor are the policies of low energy rates the only mechanisms used to sub' sidize cheap energy. By failing to enforce air and water pollution regulations both federal and state governments are in- directly promoting the growth of con- sumption of energy and goods. Such growth occurs, however, at the cost of both the health of industrial workers and those persons living near major polluters, and the gradual deterioration of the quality of life. There is, moreover, a feedback effect at work: the more that pollution is allowed in the production of goods the faster the goods will deteriorate and therefore have to be replaced by new ones. Pollution then favors both `con- spicuous consumption" and "accelerated obsolescence." Social Costs of Energy Production One of the major reasons that polls' tion has been allowed to advance to its present state is that its harmful effect on man, vegetation, and materials ure not clearly recognized by the public. Ralph Nader has characterized air pollution gsa form of "subtle violence," meaning that it is administered over a long period, frequently at moderate doses. Re' grettably too many of us have uncon- sciously "adapted" to these levels of pol- lution. The effects are not directly asso- ciated in space and time with the sources, and as a result both the public and our governments tend to recognize only the benefits of energy consumption and not its costs. Nor are all she environmental costs of pollution known to either scientists or economistn. In fact, few economists seem to have taken interest in the problem, and then at the risk of being chastised by colleagues for making assumptions that may not be entirely realistic. As a result almost all economic estimates of environ- mental damage are characterized by their authors as being "conservative" and probably vastly underestimating the true costs. For the most part no economic price tag can be placed on the emerging man- made effects on the global environment. For etample with the atmosphere, global trends are imperfectly understood, There always have been naturally occuring changes in global climate which compli- cate the analysis of man's impact. Vol- canoes, in particular, can cause these changes rather quickly.4 What is of con- cern now is that man-made activities, particularly those associated with energy production through combustion, are of sufficient magnitude to explain presently occurring trends.t If future research shows this definitely to be the case we shall be faced with a new sort of "cost- benefit" analysis. What price shall we place on the loss of lands to deserts or to the melting of ice caps resulting from a rim in global temperature? Or, converse- ly, would we rather try to calculate the cost of a drop in the earth's temperature from failing to control particulate air pollution: As civilization continues to covtawinate the atwuxphere, the number of small, duxt.like particulate pollutants in the air xteadily ivcreaxes. Calculations dove at the tvviruv- mental Scievce Services Administration IESSAI Indicate this steady increase of par- ticulate matter in the atmosphere may ul- timately create eternal winter or earth.' The assessment of the costs and bene- fits of possible global changes in the environment ix beyond the scope of this paper. We have tried to stress that such effects are real and they will have to be considered in the not too distant future. There are other, more tangible and more apparent, undesirable side effects of energy prodUction which are beginning to receive serious attention because of the increose in public concern over environ- mental quality. The extent to which the public will support the financial programs needed to control these unwanted or second-order effects depends on how the costs are presented. If they are viewed in isolation, with no reference to the other legitimate costs of energy such as fuel transportation and refining, they will be accepted within a narrow framework of "improving the environment" or perhaps "preventing pollution," It would be far SOCIAL COSTS OF E7q~1IGY PAGENO="0097" preferable to accept these costs as part of the overall price of living in a highly technological society while at the same time maintaining a viable environment. Social Costs of Energy Production from Fossil Fuels At present almost 96 percent of the energy demands of the United States are met through burning fossil fuels. Nuclear power which is used for the generation of electricity accounts for about 1 percent of the U.S. energy production. However, this source is predicted to grow during the next ten years at an average annual exponential rate of about 32 percent (which means that the total nuclear capt.. city must be doubled every 2.1 years.) At this growth rate, nuclear power will be providing about 22 percent of all elec- tricity by 1980 and perhaps as much as 60 percent by the year 2000. Electricity and Fossil Fuels We shall restrict ourselves so considera~ tions affecting energy production from coal and oil. Natural gas, the third major fossil fuel, creates virtually no particulate or sulfur oxide problems and except for possible nitric oxide producxion (a prob- 1cm common to all forms of combustionl can be considered pollution free. Gas is the scarcest of the three fossil fuels though this situation may change as tech. niques for converting coal to liquid and gaseous forms are perfected. Some Side Effects of Coal Production About 60 percent of the coal mined each year is used to generate electricity. And nowhere are the social costs of power production more evident than in the human misery experienced by soft coal miners in the United States. In ef fect, she nation's electricity and industrial production are subsidized by sacrificing the health and lives of the country's 150,000 mine workers. It has been known for some time that coal mining is the moss dangerous indus trial occupation in the country. As a result of a chronic neglect to provide safe working conditions, one of every 300 mine workers dies each year and one in every 30 is severely injured. Such acci- dent and death rates could be drastically reduced, as demonstrated by the much safer conditions in European mines. In addition to high death rates from accidents coal miners in the U.S. also are faced with the almost certain prospect of irreversible lung damage from pneumo- coniosis, or as it is called, "black lung disease." This disease results from tl~e prolonged breathing of dust particles and, according to one theory, leads to the destruction or impairment of the lungs' tiny blood vessels, thus inhibiting the transfer of oxygen to the blood. The Surgeon General of the U.S. has esti mated that over 100,000 miners suffer from black lung disease, which means that most miners have it and that large numbers probably die from it. Yet through what only can be described as a conspiracy involving coal mine operators, "company doctors," union officials and government officials, few miners have been compensated for their destroyvd health. It is possible that some of the costs presently borne by coal miners will be "internalized" or passed on to the con- sumer because of the Federal Coal Mine Safety Act of 1969. The act requires many new safety measures and places limits on the concentrations of coal dust in mines. According to a Bureau of Mines analysis the costs of the new safety and health measures could add up to 10 per. cent to the cost of coal. That is, for about 40d a ton much of this human suffering and death could be avoided. Some Social Costs of Strip Mining In 1969 there were about 560 million tons of coal mined in the U.S. valued at more that $2.5 billion. About onethird of this coal was extracted through "strip mining." Strip mining, as it is presently practiced, produces coal at about half the cost of deep underground mining. This savings in cost, coupled with the great simplicity of the process, has led to a rapid increase in its use over the past ten to fifteen years. As with underground mining, however, there are enormous social costs involved. These costs, in the form of ruined land, are presently not being paid by either the producers or consumers of coal. In all likelihood it will be the federal government that will have to assume the costs of restoring the land, where isis possible, to some semblance of normalcy. The amount of land subjected to strip mining in the U.S. was estimated, in 1965, at more lhan 3.2 million acres, an area almost two-thirds the size of Massa chusetts. About 41 percent of this land, or about t.3 million acres was strip mined for coal. As 011965 more than 2 million acres of all the land blighted by strip mining had not been restored in any significant way. The cost for a minimal reclamation program for this land was estimated in 1968 at $757 million. The devastation from strip mining coUld be avoided by properly restoring the land as soon as it is mined, In Ohio there is a model area of more than 100,000 acres that is one of the more popular recreational sites in the state. There are 250 ponds and lakes, wooded areas, public campgrounds, picnic tables, wells, and fireplaces all provided free to the public as a result of a joint venture between the Ohio Power Company and the Ohio Division of Wildlife. One can justly ask why such programs are not more common. The answer, as with mine safety, seems to be one of economics: either profits of the coal pro- ducers would be reduced, or she cost of coal would be increased. Or both. As indicated earlier electric utilities account for 60 percent of the coal consumed in the U.S. According to H.M. Caudill, a `Kentucky attorney and vocal critic of strip mining, the TVA is the "nation's biggest coal consumer and its purchasing policies have set the pace for the market elsewhere." Mr. Caudill argues that by insisting on rock bottom coal prices for its generating plants TVA has provided a strong incentive for aggressive ssrip min- ing. Cheap electricity, he argues, is pro- moted at the expense of destroyed land. The Hidden Costs of Oil Products Petroleum products constitute the largest source of energy in the country and presently supply about 43 percent of our total energy needs. Nevertheless they account for only 12 percent of the elec- tricity generated. Present world production of oil is about 1.8 billion metric tons. About .1 perdent of this oil, 2 million metric tons, is introduced into the oSeans each year. 87 Page 2 ENERGY 69-142 0 - 72 - 7 PAGENO="0098" 88 According to the recent MIT report, Man's Impact on the Global Environ- ment, at least 90 percent of this oil "originates in the normal operations of oil-carrying tankers, other ships, ref in cries, petrochemical plants, and sub- marine oil wells; from disposal of spent lubricants and other industrial and auto motive oils; and by fallout of airborne hydrocarbons emitted by motor vehicles and industry.. The effects on the oceans of this much oil are discussed in the MIT report. They include the poisoning of clams, oysters, scallops, fish and marine birds; and the possible Iongterm devastation of marine life from mass destruction of juvenile forms and of the food sources of higher species. Dr. Max Blumer of the Woods Hole Oceanographic Institution and one of the leading authorities on oil pollution, has expressed the fear that there may develop an "accumulation in human food of Iong.term poisons derived from crude oil, for instance, of carcinogenic com- pounds."9 He is concerned that through oil pollution of the seas "we may even- tually destroy the yield and the value of the food which we hope to recover from the sea."° About 500,000 tons of the oil reach- ing the oceans arise from tankers that routinely pump oily waters directly from their bilges into the oceans. These losses could be cut by 99 per cent.by following a relatively simple procedure known as "Load On Top." About 80 percent of the world's tankers now follow this proce- dure. The 20 per cent that do not - because of small costs and inconveniences - account for 95 percent of all oil losses from tankers. It has been estimated that another 500,000 tons of oil reach the oceans from engine crankcases. At the present time it is uneconomical to recover or collect these wastes. As a result the oceans pay the price. The MIT report suggests that an automobile tax be added to the cost of oil in as effort to adjust the economIcs of the situation by placing the costs of disposing of oil on the consumer where they belong. Another 400,000 tons of oil pollution results from off-shore oil well production and refinery wastes, It is clear that these wastes could be reduced if they had to be and that the added costs of gasoline and oil should be passed on to the users of petroleum products, Other Costs We have discussed some of the costs associated with the extraction and dcliv- ury of fossil fuels, There are other costs whIch result from the burning of these fuels. Among these are the release of large quantities of SO2 and particulates with consequent damage to vegetation, metals, buildings, automobiles, and, most tmpor- tantly, human health. It could cost up. wards of 2.5 billion just to install scrub bing equipment on all the foxsilfuel power plants in the country. There would of course be additional costs in operating this equipment, adding perhaps 5 percent to 15 percent to the cost of electricity. The costs of controlling the thermal pol- lution of rivers and lakes also could add a few per cent to the cost of electricity, depending on whether cooling ponds or towers are used. We have not attempted to construct a balance sheet for the costs and benefits of reducing the environmental destruction that presently results from using fossil fuels. Nor do we believe that any such calculation seriously could be under- taken. There are too many intangibles in the form of aesthetics and unknown risks, For example, there are a growing number of biologistt who believe that what we now term "aesthetics" may be more important biologically than we generally think, More research is needed to deter- mine the importance of "aesthitic consid- erations" in the development and mainte- nance of community mental health. On the other hand the permanent impair- ment of oceanic or atmospheric functions should be avoided at all costs. Since we do not now understand the relationships between our activities and their long-term effects the only prudent policy is to minimize the risks. In general this means applying all available technology to re- duce the effects of pollution. Social Costa of Energy Production from Nuclear Sources In the United States the AEC has the responsibility for development of nuclear energy for peaceful purposes, The pri mary emphasis in nuclear power produc- Page 3 sion has been on commercial devel opment of light water reactors - the kind which are currently being constructed in the United States, According to a recent article in Fortune, the AEC has spent more than $2 billion in federal funds so far to bring nuclear power to commercial status. This program has not been devel oped without criticism, and as with fossil fuel power plants, the roots of the unhap- piness can be ultimately traced to ceo nomic considerations. To see how the economics of nuclear power production can generate tragic social costs one need only consider the very high incidence of lung cancer that occurs among underground uranium miners in the U.S. It was known in the country in the 1940s that lung cancer was occurring frequently among the miners in the Schneeberg mines of Saxony and the Joachimsthal wines of Bohemia. Accord- ing so Dr. Karl Z. Morgan, director of the Health Physics Division of Oak Ridge National Laboratory, * . In spite of these centuries of unhappy human experience from eoposure of miners to uranium ores, the Federal Radiation Council did not take the initiative in calling attention ts the mann miners in the Cob. rado plateau who were engaged in mining operations where the levels of euposure probably were equal to or greater than those that ltd to early tragic eoperitnces, ard in any case then often were 10 to 100 times the levels set by ICRP International Com mission on Radiological Protectiorrl. Even after the seriousness of this problem was brought into focus by the encellent work of Holaday . . and others with the Public Health Service, the FRC wee slow in recog- nizing the problem and taking appropriate action. Firally, after long delays, the FRC recommended what amounted to one work- ivg level, WL, which was three times the .3WL recommended by the Department of Labor.t5 As Sheldon Novick summarized the aituation, Although the AEC published its first price schedule for uranium in 1948, it wee not until July of 1987 that a safety standard of any sort for uranium miners wee enforce- able. All this despite the record of disastrous eoperience in European uranium mines. A very similar pattern can be seen n the history of radioactive water pollution from According to Mr. R.L. Faulkner, direc- tor of the AEC's Division of Raw Mate rials, a decision is pending to lower the permitted exposure by 66 percent from the present permitted level of 1WL. PAGENO="0099" 89 Page 4 Among the factors to be considered in cycle economy that In the long run will the decision are "radiation concentration have to be reached, and exposure levels and control, health Dr. James J. MacKenzie and medical aspects, economic impact and concentration exposure measurement techniques and equipment,"~ (Emphasis REFERENCES added(. It certainly would compound a 1. Toward Balanced Growth: Quantity with past tragedy if the presently permitted Quality, Report of the National Goals Re- levels are tustained because of the eco search Staff, 1970, p.33. nomic impact that safer levels would have 2. Jaske, R.T., Fletcher, J.F ,~ise, K R., "A on electricity rates. National Estimate of Public and industrial Heat Rejection Requirements by Decades The major area of public concern with through the year 2000 AD," 8NWL.SA- respect to nuclear power involves, of 3052, 67th National Meeting of the Amer course, the radiation exposures from reac can institute of Chemical Engineers, At- tort. We have here an almost perfect lanta, Geortia, February 17, 1970, p 21. example of the difficulties that arise in 3 Electric Power and the Environment, A mak g cost be ef t j dgments n the p p d by th E T F iy large scale application of technology. To August, 1970 p 48 begin, the exact biological effects on large 4. Man's Impact on the Global Environment, populations from receiving small doses of Report of the Study of Critical Environ. radiation are now being hotly disputed. mental Problems, 1970, pp 16, 44, 57.58. The estimates range from negligible (by 5. Gordon J.F. MacDonald, "The Modifica the AEC) to disastrous (by scientists such tion of Pianet Earth by Man," Technology as Gofman, Tamplin and Pauling(. The Review, October/November, 1969, p. 27. sit ation is ni e i that act al numer 6. U.S. Department of Commerce News q Release, ESSA 70.17.54, March 4, 1970. Ca 5 I e 0 7. Harry M. Caudiil, "Paradise is Stripped," number of deaths that will occur from New York Times Magasioe, March 13, the routine operations of reactors. The 1966. dispute on the size of the numbers in- 8. Man's Impact on the Global Environment, volved has focused public attention on ~, 139. the real central question: how much mon 9. Mao Blower, "Dii Poiiut,on of the Ocean" etary value will we assign to human life in Oii on the Sea, Plenum Press, 1969, p. for a given technological benefit? Or, 10. stated differently how do we decide on 10. Ibid., p. 12. the extent of an emissions-control pro' 11 r°~~- K.Z., Struxeess, E.G., "Criteria gram for reactors if the long-term effects S~14~/~'~ ~oi Radioactive Effluents, o radiation are still unknown? Aspects of Nuclear Power Stations, August (Interestingly, these same questions 10-14, 1970, p. 26 must also be asked for the radioactive 12. Sheidon Nooick, The Careless Atom laos- natural gas that has been recovered in the tOn, 19691, p. 132. AEC's Plowshare program. The doses that 13. Remarks by R.L. Fauikner before the Ura- would be received from using this gas mum Committee of the American Mining have been estimated to be of the same gre s, n r ncisco, cto r 9, order as those that would be received by living near the edge of a reactor site.) Conclusion At the beginning we cited the state- ment of the National Goals Research Staff to the effect that the United States is making a transition from a production- oriented society to one dominated more by the delivery of services. We would add to their statement the corollary that the country is becoming more concerned with the quality of its existence than with the quantity of goods that it produces. A major factor in this transition from emphasis on quantity to quality will be the internalizing of costs that are now being manifested in the forms of environ- mental pollution. As pollution is reduced energy and goods will, of course, cost more. As a rexult we will become less wasteful, less frivolous and less consump- tion oriented. We shall, in effect, be taking the first steps toward the closed- PAGENO="0100" PAGENO="0101" ENVIRONMENTAL EFFECTS [From Surface Mining and Our Envimnment, U.S. Department of the Interior, 1967] Basic Disturbances sites inspected had little, or no, cover and will, there- fore, require extensive treatment. On the remaining Surface, mining affects the environment in three 20 percent of the sites examined, vegetation will be ways. To some degree, it influences the quality of our extremely difficult to grow because of excessive stoni- air, land, and water; and, through these, animal and ness or toxic conditions. It was also observed that wide plant life, variations occur in the rate at which natural revegeta- Air. - AltbouFh air pollution is one of our more tion takes place because of differences in physical and serious enviroj~mental problems, surface mining, per chemical characteristics of the spoil, and proximity to se, cannot l~e t~onsidered a major contributor. How- seed sources. ever, the dust and vibrations resulting from blasting It was assumed for the random-sampling survey and movement of equipment during mining operations that, generally, mined lend had been used prior to can be anu~oy,ing and, in densely ~opulated areas, a mining for purposes similar to those on adjoining public nuisance. Some abandoned surface mines and tracts, and that, if left untreated by man, the mining waste piles also may be a source of air-borne dust. site would eventually regain the same types of cover. Field observations made during the survey showed Land.-.-Two factors that are essential to the estab- this to be largely untrue, however, because only about lishment of vegetation on surface-mined areas are the one-half of the areas assumed to have been forested physical and chemical characteristics of the spoil. had returned to forest and land classified as idle had The spoil material was considered suitable for agricul- increased almost fourfold. Land which had been de- tural use at only 25 percent of the sites observed dur- voted to crops and human occupancy, of course, had ing the random-sam,pling survey. Where excessive not voluntarily returned to these uses. Curiously, most stoniness exists (at about 20 percent of the sites land assumed to have been grassland had returned to inspected) the possibility of getting a quick, vigorous grass. Clearly then, in most cases, natural forces will cover is hampered by the rapid run-off and lack of need a strong assist from man if mined sites are to be soil. Most of the remaining 55 percent might be brought back to their former uses. receptive to tree or herbaceous type plantings if When natural vegetation is removed by exploration climatological conditions are favorable, and mining activities, the area becomes virtually use- There were no serious erosion problems at about less for wildlife because it becomes barren of food, 60 percent. of the areas examined primarily because nesting, and escape cover. Even in the most arid some ~egetation ,had been established and the slope of areas of the country, erosion eventually follows re- the land was relatively gentle before and after mining. moval of vegetation, and the resulting silt and sedi- Most of the, remaining sites showed evidence of ment may affect fish and wildlife habitat. Thus, erosion in the form of gullies less than one-foot deep; except in a few limited areas of the Midwest, poorer but, at 10 percent of the sites gullies were found that soils and vegetative cover resulting from surface exceeded this depth. Sediment deposits were found ifl mining create less favorable wildlife habitat. Hos~'ever, 56 percent'ofthe ponds and 52 percent of the streams ,the rough broken ground found at many sites does on or adjacent to the sample sites, afford protection from hunters for some species. Spoil bank materials which have a pH of 4.0 or less Water. - Although basic to human existence, water are lethal to plants. A pH of 7.0 is neutral; is perhaps America's most abused resource. . The values higher than 7.0 indicate alkalinity. Free acid surface mining industries are not the major contribu- may be leached enough in 3 to 5 years to permit plant- tor to the degradation of our water ~upplies on a ing, but the leaching process will not improve soil national basis, yet in many areas such as Appalachia, conditions if erosion is allowed to expose more sul- they are a significant source of pollution. furitic minerals in the spoil. Although some plants Chemical pollution of water by surface mines takes achieve successful growth in spoil with a pH range many forms. The polluted water may be too acid, too under 5.0, most plants require a less acid environment alkaline, or contain excessive concentrations of dis- for successful growth. Of the measurements taken on solved substances such as iron, manganese, and copper. spoil banks, 1 percent showed a pH of less than 3.0 High concentrations of dissolved minerals may make and 47 percent, a ran,~e between pH 3.0 and 5.0. the water unsuitable for certain purposes. but not for About 15 percent of the spoil banks are covered others; for example, water unsuitah~ ` .d~mestic with vegetation sufficient to pre~4de adequate site use because of chemic~l content m:y u~ed by protection. Another 15 percent have fair to good industry, and some forims of a(~t~c ~ay flourish cover which, with more time and some spot planting, in it should suffice to protect the areas and speed renewal Sulfur-bearing minerals are commonly associated of the soil. Twenty percent will require direct seeding, with coal, and are a major cause of water pollution. seedlings, and fertilization. About 30 percent of the (91) PAGENO="0102" 92 ~#cd..~us-~e~ge .56) reported that, in 1964, 07 percent of the acid mine When exposed to air and water, they oxidize to form pollution in streams and 93 percent in impoundments, sulfuric acid. This acid may entei- streams in two resulted from coal mining operations. Similar data ways: `(1) Soluble acid salts formed on the exposed were obtained by a United States Geological Survey spoil surfhces ei~ter into solution during periods of reconnaissance conducted in 1965, which disclosed that surface run-off, and (2) ground water, while moving water quality at 194 of 318 sampling sites in Appa- to nearby streams, may be altered chemically as it lachia was measurably influenced by acid mine drain- percolates through spoil, or waste dumps. age. None of these data, however, reflect the percentage Acid drainage is but one of several adverse chemical of damage that can be attributed to surface mining effects caused by surface mining. Even in minute alone. concentrations, salts of metals such as zinc, lead, Access roads built of pyritic waste material may also arsenic, copper, and aluminum are toxic to fish, wild- be sources of acid water. In past years, some highway life, plants, and aquatic insects. Indirectly associated departments have hauled waste from the mines for with acid drainage are the undesirable slimy red or road building purposes. This practice is not generally yellow iron precipitates ("yellow boy") in streams that followed today, and is forbidden in some States; how- drain sulfide-bearing coal or metal deposits. Of the ever, roads built of this material continue to acidify streams receiving direct run-off from surface mine rainwater passing over them - despite long periods sites, 31 percent of those examined contained notice- of leaching. In addition, some privately constructed able quantities of precipitates. Water discoloration mine-access roads are being built of pyritic material. was recorded at 37 percent of the streams adjacent to Roads opened on National Wildlife Refuges by the sites observed, suggesting chemical or physical prospectors frequently result in broken levees; inter- pollution. The discoloration occurred most frequently fere with controlled burning; increase human activity, in connection with the mining of coal, clay, sand and which interferes with the nesting and breeding of gravel, peat, iron, stone, and phosphate rock, birds and animals; and, restrict animal movements. Streams are also polluted by acid water from under- The distance that each species, or even individual - ground mines, preparation plants, and natural seepage animals, will place between themselves and the dis- from unworked coal and other pyritic material. Be- turbance varies greatly, but some species will leave an cause of the intermingling of effluents from these area entirely when their natural habitat is invaded by sources, it is difficult, if not impossible, to determine people and equipment. the quantity of acid that comes from surface mining Physical pollution is most serious in areas typified alone. Many authorities believe, however, that not by high-intensity storms and steep slopes, particularly more than 25 percent of the acid load created by coal during and shortly after mining. In areas undisturbed mining can be attributed directly to surface opera- by strip mining within the Appalachian region, the tions. Many streams in the Appalachian region are average annual sediment yield ranges from about ~0 affected to various degrees by acid drainage from both to 3,000 tons per square mile of watershed, depenuing surface and underground mines. Although acid con- upon land use. Research conducted in Kentucky ditions are a~sociated with coal mining conducted indicated that yields from coal strip-mined lands can elsewhere, the problems are not usually so severe be- be as much as 1,P00 times that of undisturbed forest. cause the topography is not as rugged, rainfall is less "During a four-year period, the annual average from profuse, pyritic materials oxidize more slowly, and, Kentucky spoil banks was 27,000 tons per square in some cases, limestone formations act as a neutraliz- mile while it was estimated at only 25 tons per square ing agent. Where acidity is neutralized by alkaline mile from forested areas. water, or limestone, the concentration of certain dis- Erosion and sedimentation problems from surface solved substances still may remain high and the water mining are less severe in arid regions; however, even may not be usable without treatment. in such areas, storms do occur during which large Acid mine drainage affects fish and wildlife in sev- quantities of sediment are discharged from mine eral ways. Acid changes the water quality of streams workings, spoil heaps, and access roads. At some idle into which it is discharged and, although the concen- surface mines in arid country, the effects of wind and tration may not be lethal to fish or wildlife, it may water erosion are still evident on steep spoil banks that bring about changes in their physical condition and were abandoned many years ago. rate of growth. However, acid may be present in such One of the major causes of sedimentation problems concentratipn as to be directly lethal to fish or tend is the failure to control surface run-off following rain- to suppress or prevent reproduction of the most de- storms. In areas outside Appalachia, 86 percent of the sirable species, surface-mined areas investigated were found to have The Bureau of Sport Fisheries and Wildlife reported adequate run-off control. Areas lacking sufficient that in the United States some 5,800 miles of streams control were confined almost exclusively to the surface (about 57,000 acres) and 29,000 surface acres of mining of coal, phosphate, manganese, clay, and gold. impoundments and reservoirs, are seriously affected Some 7,000 miles of stream channels have had their by surface, coal mining operations. The Bureau normal storm-carrying capacity reduced according to PAGENO="0103" 93 the Bureail. o~ Sport Fisheries and Wildlife. It was observed th~' the normal water-carrying capacity of about 4,500 i(iiles of these streams had been moderately to severely affected, The remaining 2,500 miles had been affected only slightly (debris reducing channel by less than one-third of capacity). Sediment gener- ally was' dot a significant problem on small streams located more than two miles from the sample site. Substandard access and haulage roads, and others built in connection with prospecting activities, are a major source of sediment. Based on the sample data, 95 percent of these roads were less than 3 miles long, but the proximity of many to natural stream channels had considerably increased their potential for sedimen- tation damage. TIct roads were fairly passable in the majority of cases; however, approximately 15 percent were eroded to a point that would make them difficult to traverse by `ordinary vehicles. Beneficial Effects of Surface Mining When massite rocks are fragmented during surface mining, the `resulting piles of material contain con- siderably mdre void space than existed in the fractures, partings, and pore spaces of the undisturbed rock. As a result, certain desirable hydrologic effects may occur., The, danger of floods is diminished because a sig'ibflcant portion of the rainfall is trapped in depres- sions and behind the spoil banks where it sinks into the earth to *augment ground-water supplies, rather than running off rapidly to nearby streams. Because water stored in the banks moves slowly, drainage will continue for a long time before the water level declines to that of adjacent streams. Thus, streams near sur- face-mined `areas often maintain a longer sustained flow during dry weather than those draining undis- turbed ground. This phenomenon was verified through, field studies conducted in the Midwest by the Indiana' University .Water Research Center, but it occurs less frequently in most of Appalachia because of the rapid run-off. In the Western United States, some surface mines have exposed ground-water sources and made water available where none existed before. This water has proved invaluable to livestock and wildlife. At some surface mining operations along mountainsides, the pits impound surface run-off from torrential rains, minimize the sediment load of streams draining the area, and effect considerable ground water recharge as well. In California, piles of dredge tailings are quite permeable. However, because of their irregular con- formation, they undoubtedly inhibit surface run-Off to a greater degree than the original slopes, thus making some contribution to flood control and ground-water recharge, In Alaska, dredge mining for gold has destroyed the permafrost and the resulting tailings and mined areas are considered premium property for residential and industrial development. Many mine-access roads, when properly repaired and maintained, can be of considerable value since they may be used to promote the multiple-land-use potential of extensive areas. Accessibility for fire protection, recreation, and management activities, can mean the difference between use and isolation. For example, by improving fire protection, investments can be made more safely in growing timber, and hazards to human and wildlife considerably reduced. Where massive equipment was used in the mining process, the access roads were usually well constructed, and the cost of repairing and maintaining them would be low. By converting some of these roads to public use, tourism might also be encouraged because many of the sites examined (83 percent) were located in areas that afforded spectacular views of mountains, valleys, and lakes. Surface mining has created many opportunities to develop recreational area,s where none existed before. Water in the form of s~all ponds or lakes, and the spoil piles themselves, frequently provide a pleasant topographic change in areas of virtually flat land. Examples may be found in flat coastal areas and in such States as Kansas, Illinois, Indiana, Ohio, and Californi,,. PAGENO="0104" 94 [From the Mineral Industry and the Environment] POLLUTION OF THE LANDSCAPE (By Samuel M. Brock, West Virginia University, Morgantown, W. Va., June 1970) Considerable progress has been made in air and water pollution, both in terms of regulation through legislation and development of technology for pollution abatement. By contrast, pollution of the landscape through activities such as surface mining and disposal of solid wastes continues to present many unsolved problems. Indeed, progress in air and water pollution control has contributed to the complexity of these problems. Removal of particulates and other impurities in air, for example, creates additional solid waste for disposal. Past trends in land use indicate that there often has been a lack of concern in extracting minerals and other natural resources from land resources. Mineral depo sits which were most accessible, and which promised the greatest profit to the producer, were mined with little concern for associated destruction of the land. Social costs, including creation of millions of acres of derelict land through surface mining, were largely ignored. In recent years, however, such practices have been subjected increasingly to public criticism. This has led to more stringent regulation of the mineral industry. Surface mining, in particular, has been more rigorously controlled. Simply stated, surface mining consists of removing the topsoil, rock, and other strata that lie above mineral or fuel deposits to recover them.3° In the process protective vegetative cover is destroyed, and overburden often is cast in massive piles onto land adjacent to the mine site. The mining results in a considerable alteration of the land surface, and changes sub-surface drainage patterns as well. Acres upon acres of land may be disturbed to depths sometimes exceeding 100 feet. Such disturbances have led to massive landslides which have blocked rivers and highways. They also have contributed to water pollution by acid mine drain- age and sediment. In addition, land areas have been isolated by mile after mile of contour benches, and aesthetic and other economic values have been seriously impaired. Disturbances created by surface mining are evident in almost every state. However, probably nowhere are the results of mining more spectacular than in the mountainous Appalachian region. There, the contour strip mining of coal has produced about 20,000 miles of cliff-like highwalls.37 It has been estimated that prior to 1965, 3.2 million acres of land had been disturbed by surface mining in the United States.38 This area includes only the excavation, or pit, and land upon which waste or spoil from mining was deposited. About 320,000 additional acres have been disturbed through the construction of access roads and by exploration. An estimated 95 percent of the acreage disturbed by surface mining can be attributed to seven commodities; coal, sand and gravel, stone, gold, clay, phosphate, and iron. All other commodities combined account for only 5 percent of the acreage. The economic productivity of surface mining is subject to considerable debate. Economic returns are probably quite variable, depending upon such factors as the terrain, depth of the mineral or fuel deposit and its thickness, and possibilities for returning the land resources to productive uses following mining.39 Undoubtedly, there are cases where the social costs incurred in mining coal and other commodi- ties exceed the social benefits. In such cases, surface mining is wasteful of resources, and according to economic criteria, should be prohibited. However, even if surface mining is economically productive, society may be willing to bear the cost of prohibiting it in order to preserve the environment. Thus, the issue of whether or not to permit surface mining raises some difficult social, economic, and legal questions. Limited research has been undertaken to provide answers. Cost and benefit data for mining operations under varying conditions, for example, are not available, and are not easily obtainable.40 Nor has the legality of prohibiting sur- 36 For a general description of surface mining and its effects on the environment, see U.S. Depsrtment of the Interior, op. cit. note 15. Also see D. B. Brooks, "Strip Mine Reclamation and Economic Analysis," Natural Resources Journal, Vol. 6 (1966), pp. 13-44. 37 U.S. Department of the Interior, op. cit. note 27 at p. 22. 3' U.S. Department of the Interior, op. cit. note 15 at p. 39. 39 See, for example, S. M. Brock and D. B. Brooks, The Myles Job Mine-A study of Benefits and Costs of Surface Mining for Coal in Northern West Virginia. Research Series No. 1 (Morgantown: West Virginia University, Office of Research and Development, 1968). 40 5~ M. Brock, "Benefit-Cost Analysis of Surface Coal Mining," Mining Engineering, Vol. 21 (1969), pp. 75-77. PAGENO="0105" 95' face mining even if it is clearly economically indefensible been resolved. These problems will require considerable research effort and social action, including litigation, to provide satisfactory solutions. In contrast to pollution of air and water resources, which is regulated under various federal laws, there is no federal legislation regulating surface mining. Thus, no national program of mined-land conservation exists. Twenty of the 50 states now directly regulate surface mining. Regulation of mining under these laws often has not been consistent because of conflicting opinions concerning land use. West Virginia was the first state to enact surface mining legislation. It passed its first law in 1939. Indiana enacted a similar statute in 1941, followed by Illinois, 1943; Pennsylvania, 1945; Ohio, 1947; Kentucky, 1954; Maryland, 1955; Virginia, 1966; and Tennessee, 1967. Since 1967, Kansas, Maine, Oklahoma, Alabama, Iowa, Wyoming, Colorado, Montana, Minnesota, North Dakota, and Georgia have enacted laws. All of these laws cover the surface mining of coal.41 Only ~ix states, however, regulate the surface mining of all commodities. Land usually may be returned to productive uses following mining by the reclamation required by the state laws. Reclamation consists of backfilling, regrading, and revegetation the mined area. Regrading and revegetation tend to reduce or eliminate mine drainage problems and stabilize the soil, thus reducing erosion. Oftentimes, agricultural crops or commercial timber products may be produced on reclaimed land. Sometimes attarctive recreational areas may be created. However, restoration of natural scenic values often may be difficult or impossible, depending upon the type of mining and topography. Elimination of scars caused by highwalls may prove economically infeasible.42 Problems of reclaiming mined areas have not been adqeuately solved.43 Finding less costly methods for successfully returning mined areas to productive uses presents an urgent research need. There also are technological and engineering problems that require solution. Previous research has provided only partial answers for such problems as eliminating acid and sediment pollution, and devel- oping techniques to form and stabilize the soil. The identification of plant species~ that will thrive on mined areas is another research need. The success and extent of previous reclamation efforts can be ascertained by comparing the acreage disturbed by surface mining with the total reclaimed. Of the 3.2 million acres that have been disturbed since surface mining began in the United States, about one-third has been judged by the Soil Conservation Service as need- ing no further treatment.44 This means that about 2 million acres require further reclamation work. Most of the reclamation that has been accomplished has been on coal lands. Only a very small acreage has been reclaimed in the case of other commodities. This may be explained by the fact that initial efforts to regulate surface mining have been primarily concerned with coal. In 1967, in six of the states with laws, more than 50 percent of the land disturbed by surface coal mining had been reclaimed. However, these state laws have been amended frequently to strengthen reclamation requirements. Thus, it would appear that the state governments themselves often have not been satisfied with the degree of reclamation achieved. Destruction of land and water resources and natural beauty through surface mining represents a serious problem insofar as preservation of the environment is concerned. Recent concern over the problem merited provision for its study in the Appalachian Regional Development Act of 1965. The Act contained a section which directed the Secretary of the Interior to make a survey of strip and surface mining operations in the United States, and to submit to the President recom- mendations for a program of reclamation. The recommendations have been com- pleted, and pertain to both repair of past damage and prevention of future damage.45 To prevent future damage, the report of the Secretary recommends that federal standards and reclamation requirements be drawn up as a basis for regulating future surface mining activity. These standards would be used to review state surface mining regulations, and to gauge the adequacy of state programs. In lieu of state legislation, the federal requirements would be imposed upon the surface mining industry. To repair past damage, the report recommends that the federal 41 A brief summary of the provisions of laws enacted prior to 1967 is given by U.S. Department of the Interior, op. cit. note 15 at pp. 118-20. Also see G. S. Bergoffen, op. cit. note 26 at pp. 32-61. The laws of individual states are generally reviewed in detail in law journals shortly after passage or amendment. 42 5, M. Brock and D. B. Brooks, op. cit. note 39. ~3 See, for example. W. C. Lorenz, op. cit. note 20 and G. S. Bergoffen, op. cit. note 26. 44 U.S. Department of the Interior, op. cit. note 15 at p. 14. 4~ Ibid. at pp. 104-8. PAGENO="0106" 96 government share reclamation costs with state governments to rehabilitate aban- doned surface-mined lands. This program would include purchase of privately- owned lands by the federal government in cases where this was deemed in the pub- lic interest. These recommendations have not yet been adopted. Surface mining in other countries is also regulated to control future use of mined lands. In Germany, for example, mining and reclamation are considered an integral operation.4° Mining methods depend upon the type of soil overlying the coal, and future use to which the land is to be put. Fertile surface layers of soil are segregated during mining, and replaced on the surface to ensure the future productivity of the reclaimed land. Similar procedures are required in Great Britain. There, land suitable for agricultural purposes is placed in the hands of the government immediately after mining and reclamation for a period of intensive care and management.47 After five years, the land is returned to the farmer for agricultural use. In the United States, and elsewhere, some of the major side effects of surface mining are "internalized" through regulation. Similar results might be obtained through a system of charges or payments.48 Charges might be levied, for example, for discharge of acid mine water or sediment into adjacent streams. Unfortunately, there are not sufficient data for comparing the effects of regulation with those which might be realized through such alternative schemes. The second major source of pollution of the landscape of concern to the mineral industries is solid wastes. The disposal, control, and reclamation of waste products resulting from the extraction, processing, and utilization of mineral substances are important technological and economic factors in the effective conservation of mineral resources. In 1965, the annual rate of accumulation of solid wastes arising from the extrac- tion, processing, and utilization of minerals and fossil fuels was about 1.1 billion tons.4° Seven of the mineral-based industries contributed about 80 percent of these wastes. These industries were copper, iron and steel, lead, zinc, alumina, phosphate rock, and bituminous and anthracite coal. By 1980, it is estimated that the rate of accumulation of wastes will increase to 3.3 billion tons.5° This does not include wastes associated with the recovery of oil from shale, which is expected to be in operation on a commercial scale by 1980. Between 1942 and 1965, about 19 billion tons of solid wastes were produced by the mineral industry. In disposing of this material, approximately 2 million acres of land surface have been covered with waste products. This area is equivalent in size to the State of Delaware. Most of this land is unproductive, and will remain so, unless costly reclamation work is undertaken. Most of the current annual accumulation of solid wastes produced by the mineral and fossil fuel industries comes from materials discarded at open pit mines, mills and coal preparation plants, blast furnaces, smelters and refineries or processing plants. The bulk of mine wastes produced at active underground mines is returned underground to fill mined-out areas and to provide a floor or platform for mining equipment. Location of waste piles is frequently the most critical factor posed by solid waste disposal. Copper and iron ore mines, for example, are among the largest producers of solid wastes. However, for the most part, copper and iron mines are located in sparsely settled areas In such areas, disposal sites are abundant and land values low. On the other hand, the smaller quantities of waste products discarded by the coal, electric power, and phosphate rook industries pose much more intensive problems because these industries are usually located in densely populated areas. Accumulations of mineral or fossil fuel wastes pose both health and safety problems. Billions of tons of unattractive barren piles of waste mar the natural beauty of the land. Dust from dried-out piles of waste, and smoke from burning culm banks contribute to air pollution Gob piles from coal refuse produce acid drainage problems. Other types of waste contaminate water supplies with salt and other noxious material. Use or stabilization of these wastes are the only viable means for controlling pollution. The wastes generally consist of immense tonnages of materials discarded by selective mining or following the recovery of significant mineral values by milling or smelting. Often, mineral values in waste piles comprise only 2 or 3 per cent of ~` W. Knabe, "Methods and Results of Strip-Mine Reclamation in Germany," The Ohio Journal of Science, Vol. 64 (1964), pp. 75-100. 47 W. M. Davies, "Bringing Back the Acres," Agriculture, Vol. 70 (1963), pp. 133-3S. 48 D. B. Brooks, op. cit. note 36 at pp. 39-41. `~` Information supplied by the U.S. B~ireau of Mines. `° Ibid. PAGENO="0107" 97 the discarded material. Only rarely can such low-grade ore be reprocessed to extract additional minerals at a profit51 Some mineral wastes are suitable for disposal as mine fill, railroad and highway road ballast, and land fill. Other wastes, such as fly ash, can be utilized as raw materials for making concrete, cement blocks, and brick.52 However, the demand for wastes for these uses is small in relation to the amount of wastes produced. Several means exist for stabilization of relatively fine-sized wastes which constitute the chief sources of air and water pollution. These include physical, chemical, and vegetative methods of stabilization.53 Fine tailings may be stabilized by covering them with rock and soil from adjacent areas. They also may be covered with bark or straw. Or, windbreaks may be constructed, Chemical stabilization involves reacting the waste with a reagent to form a water and air resistant crust or layer. Among the reagents com- monly recommended are sodium silicate, lime, redwood bark extracts, amines, acetate salts of amine, dicalcium silicate, bituminous base products, elastomeric polymers, and resinous adhesives. Vegetative stabilization often poses some difficult problems. Mill wastes are usually deficient in plant nutrients or contain materials noxious to plant growth. Tailings and other fine wastes usually must be covered to a depth of four inches or more with soil and fertilized prior to seeding. If care is taken in site preparation, a satisfactory vegetative cover usually may be established. Disposal of radioactive wastes poses special problems. High-level solid wastes from reactor and chemical separation facilities are usually buried in a central burial ground.54 Such wastes are placed in unlined trehches 20 feet deep, and covered with at least five feet of soil. Some wastes are encased in concrete. Uranium mill tailings are impounded in large tailing ponds.55 The major concern with radioactive tailings is to stabilize them so that they are not windblown into nearby streams or over populated areas. Tailing piles are usually graded and covered with earth. Where practical, these piles are planted with vegetation for stabilization. The economic utilization of certain types of metallic scrap, such as automobile bodies, also poses ~ significant problem. Changes in the technology of steel making have made this type of scrap less desirable for reuse. New technology, which will allow the economic reuse of old automobiles, refrigerators, and other durable goods is badly needed. Recycling these discarded metal products into useful commodities, rather than disposal into auto graveyards and junk piles, would contribute materially to the preservation of the environment. At the national level, waste disposal is regulated under provisions of the Solid Waste Disposal Act of 1965. This Act is jointly adn~iinistered by the Office of Solid Wastes, U.S. Department of Health, Education, and Welfare and the Bureau of Mines, U.S. Department of the Interior.58 The major impetus of the federal law is on research, technical developmetn, demonstration, and planning for purposes of preventing and solving solid waste problems. With respect to mineral resources, the program has concentrated on areas where improved recovery systems would reduce mineral losses and the volume of products discarded, and has endeavored to develop methods to recover valuable metals and minerals from various types of waste. As previously noted, 20 of the 50 states regulate the surface mining of minerals. Many of these laws pertain primarily to coal. Only six states regulate the surface mining of all commodities. Thus, in many cases, pollution resulting from surface mining is not controlled by state laws. Nor is disposal of solid wastes produced in the course of extracting, processing, and utilizing mineral substances adequately regulated. In view of the magnitude of the problem, which will assume even greater proportions in the future, this is a neglected area in environmental preservation. Studies of solid waste problems and methods at the state and local levels are urgently needed. Results of these studies should foster legislation which will provide the most economic solutions to the solid waste disposal problems cur- rently confronting the mineral industry. ii K. C. Dean, H. Dolezal, and R. Havens, "New Approaches to Solid Mineral Wastes," Mining Engineer ing, Vol. 21 (1969), pp. 59-62. 52 G. C. Gambs, "Power Plant Ash-A Neglected Asset," Mining Engineering, Vol. 19 (1967), pp. 42-44. `3 These methods are discussed by K. C. Dean et al., op. cit. note 51. 54 S. D. Reichert, "Geology Plays an Important Role in Radioactive Waste Management," Mining Engineering, Vol. 20 (1968), pp. 98-103. 33 R. G. Beverly, "Unique Methods are Required for Uranium Mill Waste," Mining Engineering, Vol. 20 (1968), pp. 52-56. "U.S. Congress, op. clt.note 11 at p. 90. PAGENO="0108" [From Mining Congress Journal, March 1971] HYDROLOGIC EFFECTS OF STRIP MINING WEST OF APPALACHIA (Although undesirable side effects can result from strip mining, such operations can also prove to be hydrologically beneficial. West of Appalachia, strip-mined land can be managed to diminish floods, increase low flow and become a significant source of water) (By D. J. Cederstrom, Hydrologist, U.S. Geological Survey) In 1966, the author was one member of a group representing various disciplines, headed by the U.S. Bureau of Mines, whose task it was to assess the effects of strip mining on the environment in areas outside of Appalachia. The author's specific task was to note hydrologic effects of these strip-mining operations. The overall results of these inspection trips have been given in a Department of the Interior publication entitled, "Surface Mining and Our Environment." 1 The hydrologic effects of strip mining noted west of Appalachia tend to be beneficial to the environment, or could easily be so in a great many places, al- though there are places where undesirable or potentially undesirable hydrologic effects were noted. STREAM FLOW GREATER IN STRIP-MINED AREAS At this point, it seems appropriate to consider the effect of surface mining on underground water as observed in Indiana and Illinois. Here on low-lying, gently rolling to almost flat ground, great areas have been torn up and turned upside down. In one of these areas, Don M. Corbett of the Indiana University Water Resources Research Center, found that in October 1964 a stream draining un- disturbed ground had a flow of 1900 gpd per square mile, whereas a stream draining a strip-mined area had a flow of 120,000 gpd, that is, about 63 times as much.2 Let us see why this interesting difference has come about. Rain falls upon the earth (or snow melts following general warming of a winter climate) at which time a large part of the water received on the surface soaks into the ground and the remainder is shed to streams. Streamfiow is at a relatively high stage but in a matter of hours or days the flow begins to decline. Unregulated streams, that is, streams lacking reservoirs in headwater areas, would then dry up completely (until the next rain) were it not for the seepage from the ground. Thus, the sus- tained low flow or base flow of our streams and rivers consists almost entirely of ground water outflow. During the higher flow periods, ground water, of course, continues to be contributed along with the generally larger volume of overland or direct runoff. RECHARGE CAPACITIES OF EARTH FORMATIONS VARY WIDELY The receptivity, or recharge capacity, of earth formations ranges widely. A square mile of level or gently rolling sandy terrain in the humid East may be ex- pected to receive an average of 1 mgd recharge to the ground-water reservoir. The amount absorbed by the soil cover may be considerably greater but the soil charac- teristically acts like a blotter in retaining a significant part of the precipitation, after which it is lost as it evaporates or is transpired by the plant and tree cover. About 1 mgd per square mile average recharge may be received by a sandy ground-water reservoir but where the earth material beneath a thin soil cover is rock of low permeability, a large part of the potential recharge water is rejected. Briefly, the soil may quickly become fully saturated if the rock below it cannot accept water readily. Failing to find space, precipitation (or snowmelt) is then re- jected by the ground and becomes direct runoff instead of recharge to the ground- water reservoir. The ground-water recharge in an area underlain by thick limestones and inter- bedded shales is much less than the 1 mgd per square mile noted above. DeBucha- nanne has estimated that the recharge of limestone terrane in the valley of Vir- ginia is about 3~2 mgd per square mile.3 Recharge in areas underlain largely by flat- lying shale and sandstone beds, according to Wyrick, may be less than 3'~ mgd per I A Special Report to the Nation, U.S. Department of the Interior, Washington, DC., 1967. 2 Corbett, D. M. "Water supplied by coal surface mines, Pike County, Indiana," Water Resources Research Center, Report of Invec~igations No. 1, 1965. 3 De13uchanani~,, Q. D "Ground-water resources of the James, York, and Rappahannock River basins of Virginia west of the Fall Line," U.S. Geological Surv~,j, 1968. PAGENO="0109" 99 square mile.4 In deeply dissected plateau areas, lateral leakage may be such that much of the recharge is discharged to streams relatively rapidly and hence is not available for streamfiow in dry spells. MiNED LAND HAS GREATER RECHARGE POTENTiAL Obviously, cast ground in a strip-mined area will tend to function as an extremely coarse gravel where the material is largely brittle rock fragments. We might assume that recharge would initially be as much as 2 mgd per square mile but with the slow gain of a true soil cover and a stand of trees or grass, the rate of recharge would decline to something like 1 mgd per square mile. Where the cast ground is shale, the fragmented material is finer and has a larger component of ground up rock. Hence, such ground should be much less favorable to recharge than cast ground made up of sandstone and limestone. From the point of view of susceptibility to recharge, we may conclude that in the Midwest, cast ground made up of sandstone, limestone and shale is probably at least three times more favorable than those formations in their original undisturbed state. At this point, let us examine the storage potential of cast ground and compare it with naturally occurring earth material. A sized gravel made up of well rounded grains has a void space of about 40 percent. Cast ground, made up of angular fragments, is at best rudely sized and does contain some fines. Hence, the void space in cast ground may be in the nature of 15 to 25 percent of mass. The percentage of void space in consolidated rock is difficult to measure accu- rately. The voids range from minute pore spaces and openings along bedding planes to gross openings developed by joints and along fracture and fault zones. However, a storage potential of 1 or 2 percent of the rock mass is generally accepted as representative except perhaps for certain limestones riddled with solution openings. Hence, the storage capability of thrown ground may be from 7 to 25 times greater than that ground in an undisturbed condition. PERMEABILITY CONTROLS RATE OF WATER MOVEMENT AND STORAGE With regard to permeability, the measure of rate at which water will be trans mitted through the ground under a unit hydraulic gradient, it will suffice to say that, upon imposing a hydraulic gradient, water should move rather rapidly down the hydraulic gradient through cast ground made up of brittle rock fragments but much less rapidly where the cast ground is largely shale. It is of great importance from a hydrologic point of view to bear in mind that a block of cast ground will function essentially as a unit. With withdrawal or drain- age of water from one point, water will begin to flow to that point from throughout the entire mass. In undisturbed ground, a channel or fissure zone may not be connected or may be poorly connected with adjacent channels or fissure zones, in which case the water tends to be compartmented, Let us consider now what overall hydrologic advantages may have been gained in a strip-minded area. First, it must be appreciated that cast ground lying on steep slopes can hardly be thought of as other than detrimental to the hydrology of the area. Recharge is favorable, but water entering such ground will drain from it rather quickly and, depending on the type of ground, might carry a sedi- ment load of harmful proportions. Full saturation of a fine-grained mass on both steep and gentle slopes will favor creep or sliding of the entire mass with various consequences, ranging from undesirable to dangerous to human life. However, when we consider the thousands of square miles of disturbed ground in gently rolling to flat terrain, hydrologic advantages are apparent: 1) The ground will absorb a large volume of precipitation rapidly, 2) storage space is normally present in the disturbed ground (a 50-ft thickness of saturated ground one mile square might hold from 1.56 to 2.60 billion gal of water-27,878,400 ft2X 50 ftX 7.48 galx 15 or 25 percent), and 3) much of the water in storage could be moved with fair rapidity to any point by imposing a hydraulic gradient on the reservoir, either by lowering the outlet of this underground reservoir or by pump- ing wells. 4 Wyrick, G. G. "Ground-water Resource8 of the Appalachian Region," U.S. Geological Survey, 1968. PAGENO="0110" 100 CAST GROUND CAN AID RUNOFF CONTROL To manage or to foresee management of a block of cast ground as a hydrologic resource, certain conditions are pertinent. If the purpose is to regulate the flow of adjacent streams the block should drain rather slowly. It may do so if the permeability of the material is only moderate and the area of discharge to the stream is small. If the outlet is too small or at too high a level relative to the depth of the block of cast ground, considerable dead storage of water will result. Dead storage might be avoided by trenching from the appropriate stream level to the base of the cast ground reservoir. An ideal situation would be a dam, of a sort across the drainage face or channel, the outlet of which could be controlled as needed. Thrown ground can function favorably in stream regulation, as Corbett noted,2 if it happens to be situated in the right place. A better approach would be a hydrologic appraisal followed by construction of suitable structures that would 1) insure drainage of the block of cast ground at times of low flow or no flow of the streams and, having this lowered the water level in the tract of distrubed ground, and 2) provide storage space for receiving and retaining excessive precipita- tion normally resulting in floods. Wells ending in undisturbed hard rock in the Indiana area generally have very poor yields except where they may be overlain by saturated sandy material. About 20 gpm is considered a high yield in a well finished in limestone in Indiana and the average yield is much less. Wells constructed in cast ground should do much better. Where the cast ground is brittle sandstone or limestone, some large yields should be possible from wells constructed in them. Where the saturated thickness is 40 ft or so, wells in such ground might yield significantly more than 100 gpm. Further, the storage and recharge characteristics of the cast ground, as noted above, are such that wells in it will continue to supply ample water in times of protracted drought. Where the cast material is largely true shale, the hydrologic characteristics are much less favorable. Storage characteristics would be relatively favorable but more difficulty would be experienced in obtaining high-yield wells. Slaty, limy, or sandy shale would function better than true shale as an aquifer. It must be emphasized that the beneficial hydrologic effects noted are most noteworthy in areas where acidic waters are not generated. Although acidic stream water is undesirable or harmful, it may still be said that where cast ground acts to lessen potentially harmful flood flows, a benefit has resulted. Maintenance of a flow of more or less acidic water in periods of drought as opposed to no flow can hardly be considered helpful. EFFORTS MADE TO CONTROL ACIDIC WATER In the Midwest the problem of acidic water is seemingly much less acute than in Appalachia. In part, this may be due to the fact that the topography is gentle and pyritic material is generally less exposed to oxygenated waters. Very real efforts were being made at the mines visited to control the production of acidic waters and their flow to the streams. In one place, at least, acidic water was chemically neutralized before being allowed to drain out of the mine area. Some success attends efforts to bury pyritic material beneath inert fill or to confine it to deeper furrows where it is overlain by many feet of deoxygenated water. However, in the latter situation, torrential rains will tend to stir the water as a result of which oxygenated water will come into contact with pyritic material. Two approaches to that problem suggest themselves. Where pyritic material lies at the bottom of a water-filled furrow, spreading a layer of clay or finely ground shale upon it should do much to negate the effect of occasional circulation of the overlying water. The other thought is that during mining operations, bottom acid-forming earth material should be dumped as low on the side of the last (active) ridge as possible rather than on the crest, where much or most of that material would roll to the furrow bottom. There it will ordinarily be covered when the succeeding ridge is built. This practice is followed in at least one mine. Such action should ameliorate the ill effects of acid waters upon the hydrologic environment. Some of the present problems are carryovers from several decades ago. These include drainage from abandoned gob (waste) piles at sites of old operations and, to some extent, from the practice of local highway departments of using gob as road-building material. Road building with gob seems to be no longer practiced. 2 Corbett. D. M. "Water supplied by coat surface mines, Pike County, Indiana," Water Resources Research Center, Report of Investigations No. 1, 1965. PAGENO="0111" 101 However, neutralization of the huge abandoned gob heaps that are found from place to place in the Midwest may not be accomplished in the near future. Some control of acid drainage presumably could be achieved by restricting circulation of meteoric or ground waters through the heaps. LAKE5 HAVE BEEN CREATED There are other hydrologic benefits from strip mining in Midwest fields where thousands of small lakes have been created in the resultant ridge and furrow top- ography. With specific respect to water supply, these lakes as such consitute a reservoir of significant magnitude. Further, upon pumping from lakes, saturated bank material, made up of moderately permeable shale fragments or highly permeable sandstone and limestone fragments, will contribute water to the lakes. In this sense, then, the lakes may be thought of as a series of dug wells in which considerable storage is present in each. The ponds and lakes created by disturbed ground are commonly hydrologic benefits in the sense of improvement of the functioning of the hydrologic cycle and also in a secondary sense in that the ponds and lakes are, or can be, distinct assets with reference to use by humans and wildlife. Great stretches of the mid- western landscape are pleasant but, at least to the writer, somewhat monotonous. The lakes and ponds left after stripping provide not only scenic variation, but desirable housing sites, fishing, swimming and boating areas, duck ponds, and wildlife refuges. The general setting of the tracts set aside for these purposes ranges from lakes in furrows between raw ridges (where fishing is said to be good) to handsomely landscaped rolling ground with shade trees, beaches, `clubhouse facilities or fine homes around small lakes or sinuous waterways. I can't begin to evaluate the hydrologic benefit from a lake 80 miles long and a mile or two wide that will someday form in the Mesabi country. The eventual cessation of mining there and the filling of this tremendous pit will hardly come in the time of most of us living today. This question is then left unanswered except to note that unpolluted lakes are becoming scarcer every day, and this future lake may fill a real need in an otherwise contaminated world. WATER-RETENTION STRUCTURES CAN PREVENT FLOODS The phosphate mines in semi-arid Wyoming present an interesting situation. Here, long furrows are made high on mountain slopes and granular overburden material is disposed of on the lower slopes. One is reminded of the water-retention structures on the slopes above San Bernadine Calif. There, structures are built to intercept the flow of temporary torrential streams down the nearby mountains. Water flows into an unlined catchment, fills and overflows, is led to lower catch- ment, and so on. Meanwhile, in filling and passing from one catchment to another, the water has time to infiltrate the ground with the net result that San Bernadine is not only protected from flood demage but has also salvaged water that might be lost to an adjacent county or to the sea. Something similar might be accomplished at small cost in the phosphate area referred to, and perhaps at some huge open-pit mines elsewhere in the West and Southwest, by judicious planning of spoil disposal. There seems to be little need for inducing additional recharge in the particular areas visited by the writer, although the idea is valid enough. Catchment structures of the type outlined above might be justified where flash floods are a local problem and, in any event, retention structures would minimize or eliminate the sediment load of temporary streams flowing through or from the disposal area. GROUND WATER CONTAMINATION NOT A MAJOR PROBLEM Contamination of ground-water supplies has occurred in consequence of leaching of pyritic copper ores in a very few localities in the Southwest. In one locality, an aquifer tapped by domestic wells became contaminated by waste leach water discharged into the stream course that recharged the aquifer. In another area, water used in irrigation downslope from the mining area is becoming more mineralized. However, here drainage from abandoned underground workings may be contributing acid water. Speaking broadly, leaching operations are few, some are so located that leakage, if taking place, does not affect existing water supplies. We may say that this problem has some potential but is generally more interesting than it is acute. A similar snap summary might be made relative to possible pollution from uranium mining and processing and from acid leakage at phosphate processing plants. PAGENO="0112" 102 In California and Alaska, large acreages of alluvial ground have been turned upside down in gold dredging. Here the surficial material has a very high degree of permeability. Following the line of argument outlined above pertaining to Illinois and Indiana, it would seem that in the gold fields a hydrologic benefit may have been gained. However, in a 1913 bulletin on the Fairbanks' gold fields, it was noted that the streams were flashy on dredged ground, but had lower peaks and higher low flows where they came off undisturbed ground.5 Mentally reexamining the California and Alaskan dredged areas, we can see that, although the ground there is undoubtedly highly receptive to recharge, it is also very highly permeable and drains rapidly. If ground becomes only mod- erately permeable, as in the Indiana and Illinois coal fields, we would look for a beneficial effect, but where the cast ground is very highly permeable, the hydro- logic effects are undesirable in diminishing ground-water storage and imparting undesirable flow characteristics to streams and, without much doubt, a high sediment load. PLANT COVER REDUCES SEDIMENTATION Although not in the writer's field of specialization, a few more words may be said about sedimentation resulting from mine operations. Mining may be likened to urbanization in this respect. With great areas of ground broken up for dwellings and in the building of roads, ditches, and embankments, large areas of fragmented material are necessarily exposed to erosional forces and bleeding off of undesirable sediment into streams and reservoirs will almost inevitably occur~ It is particularly interesting to note that measures to curb the sedimentation problem in urban areas involve, to a large measure, establishing a plant cover on the disturbed ground. The mining industry is probably better prepared, by virtue of its research and thousands of acres of experimental plantings in a variety of climatic environments, to carry out sediment control measures than most municipalities. Further, the mining industry can eliminate some problems by planning and generally can exercise a unified control over large areas of affected ground, something which local governments cannot do in most urban areas. `Prindle, L. M., and F. 1. Katz. "A geo'ogical reconnaissance of the Fairbanks quadrangle, Alaska." U.S. Geological Survey Bulletin 525, 1913. PAGENO="0113" 103 DEPARTMENT of the INTERIOR news release GEOLOGICAL SURVEY Forrester (202) 343-4646 For re]~ea~e April 9~j~7l ~f~FECTS OF STRIP ~ A report describing the influences of strip mining of coal on the hydrologic environment of a small stream basin in the Cumberland Mountains of Kentucky has been published by the U. S. Geological Survey, Department of the Interior, The report, summarizing the findings of an li-year (1955-66) Interagency study of the 25-square-mile Beaver Creek basin in south-central Kentucky, reveals that strip mining of coal In tte basin has significantly Increased the acidity and mineralization of surface and ground water, and Increased the sediment of streams below the mined area. These changes In water quality, In turn, have adversely affected aquatic life in the stream. Strip mining in the Cane Branch basin, a small stream In the Beaver Creek watershed of McCreary County, Kentucky, afforded an opportunity to evaluate some of the effects of strip mining on the water, timber and land resources of the basin. Accordingly, a study by several Federal and State agencies was begun in the Cane Branch basin In 1955. Agencies collaborating on the report summarizing the studies are: the Geological Survey, Bureau of Sport Fisheries and Wildlife, the Forest and Soil Conservation Service, the Army Corps of Engineers, the University of Kentucky, and the Kentucky Department of Fish and Wildlife Resources. CR. Collier, R.J. Pickering, and J.J. Musser, hydrologists with the U. S. Geological Survey, and editors of the multi-author report, said that "Cane Branch became an acidic, highly mineralized stream in the spring of 1956 as a result of strip mining of coal in the southwestern part of the basin." "Seepage and runoff from the spoil bank areas, and overflow from pools formed in the last mining cuts are the primary sources of the acid water that characterizes Cane Branch," the hydrologists said. 69-142 0 - 72 - 8 PAGENO="0114" 104 After the second of the two periods of mining in the area ended in 1959, concentrations of dissolved constituents and acidity levels in Cane Branch began to decrease slightly from those recorded immediately after mining had begun. Little change in the chemical composition of the water in Cane Branch occurred during the last few years of the study. According to the report the water in Cane Branch is still acid and devoid of aquatic life. Some of the findings of the investigators: * The stream in the mined area carried 12 times the dissolved-solids load of a nearby stream unaffected by mining. During the period 1957-62, Cane Branch transported a net dissolved solids load of about 1,370 tons per square mile of drainage area, as compared to ill tons per square mile that was transported by Helton Branch, a nearby stream that was unaffected by mining, and therefore used as a basis of comparison. The contribution of the spoil banks alone was 14,000 tons per.square mile, a chemical contribution 126 times that of the unmined Helton Branch basin. * Even after active mining ceased, the mined area yield 75 times as much sediment per square mile as the unmined area. Sediment concentrations in Cane Branch during the study period commonly exceeded 30,000 parts per million during storms, whereas the maximum concentration was only 553 parts per million for Helton Branch. The annual sediment yield from areas not affected by mining averaged about 25 tons per square mile compared to an average of more than 1,900 tons per square mile for Cane Branch during the four years following cessation of mining, 1959-62. The average annual sediment yield from the spoil banks was about 27,000 tons per square mile during this period, more than 1,000 times greater than the yield from undisturbed areas. * Sediment concentrations decreased in 1960 after mining ceased, but remained much higher than in the unmined Helton Branch basin. Further decreases in sediment concentration probably will not occur until revegetation of the spoil banks is sufficient to protect the banks from erosion. Some of the transported sediment has accumulated in stream-bottom deposits in Cane Branch and in Highes Fork, its receiving stream. * As acid water from the Cane Branch study area moves downstream, it is diluted and neutralized by inflow from streams containing bicarbonate alkalinity. The effects of the mine drainage are almost undetactable in Beaver Creek, 3 miles downstream from the mined area. PAGENO="0115" 105 * Acid water and smothering sediment have caused a decrease in the variety and abundance of bottom-dwelling organisms in Cane Branch and in Hughes Fork downstream from the entry of Cane Branch. Larvae of mayflies and caddis flies - the primary food for most small stream fish - were almost entirely absent from Cane Branch and were scarce in Hughes Fork as compared to streams unaffected by mining. * No fish are present in Cane Branch, and only small seasonal populations are present in the most downstream part of Hughes Fork. The pH of Cane Branch water, commonly 3 to 4, is lethal to fish, and the limited fish population in Hughes Fork may be due to the limited availability of bottom organisms that serve as food for the fish. The report, which also describes effects of mining on tree growth and on microscopic organisms in the streams, is titled "Influences of Strip Mining on the Hydrologic Environment of Parts of Beaver Creek Basin, Kentucky, 1955-66," and is published as Geological Survey Professional Paper 427-C. Copies may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D. C. 20402 for $1.50 each (paper cover). PAGENO="0116" 106 [From the Christian Science Monitor, January 16 1970] MINING ORE WITH MINIMAL DAMAGE TO NATURAL BEAUTY (By Robert Cahn) EMPIRE, CoLo.-Here in the mountains of Colorado, someone has changed the script. Ordinarily, when an industry-in this case a major mining firm-plans a new development that may disrupt the environment permanantly, conservationists are up in arms, writing to congressmen, threatening law suits, fighting the "polluters" every step of the way. But for once at least the would-be protagonists are sitting down over a confer- ence table and trying to work out the problems before they happen. The new Henderson molybdenum mine of the American Metal Climax Company (AMAX) is not due to go into opertion until 1974. Yet since 1966, a nine-member committee of company officials and representatives from the Colorado Open Space Council (COSC) have been holding frequent meetings. Their purpose: to figure out ways in which the ore can be mined and a mill operated with minimal harm to the forests, streams, and wildlife and to the natural beauty of this Rocky Mountain area which straddles the Continental Divide, 40 miles west of Denver. UNPLANNED MEETING This "Experiment in Ecology," as it is called, is all the more unusual in that a "sister" mine of the ccmpany near Climax, Cob., is an acknowledged scar on the landscape. And conservation groups are protesting, and threatening a lawsuit, to stop a proposed molybdenum operation by another company in the Challis National Forest of central Idaho. These days, starting any new mining development in wooded natural areas is to conservationists like waving a red flag in front of a bull. The experiment came as the reslt of a mistake late in 1966 by two young lawyers, Stanley Dempsey and Roger Hansen, when both of them showed up for a conservation meeting at the right place on the wrong night. Mr. Dempsey was then assistant counsel for the AMAX molybdenum division, and Mr. Hansen was executive director of COSC, the Rocky Mountain area's biggest conservation organization. Being a week early for the scheduled meeting, they decided at least to have dinner and discuss their mutual interest in conservation. INITIAL HESITANCE The talk quickly centered on the company's "Henderson" site near Empire, which Mr. Dempsey said might turn out to be one of the world's largest mo- lybdenum deposits (molybdenum is an alloy used mostly for strengthening steel). They agreed that a way should be found to avoid repeating the environmental damages of past operations in developing the Henderson site, and decided to see if the new mine could become an example of environmental planning. Shortly thereafter, four AMAX officials and five conservation leaders held their first meeting at the company office in Golden, Cob. Both of the instigators of the experiment in ecology at first met doubt and resistance from within. Company officials felt that no matter how much they spent on environmental safeguards, they couldn't win-the conservationists would still be critical for the least changes that were made on the resources of nature. The conservationists hesitated because they felt it might be just a public- relations gimmick, and that the company would do as little as possible. Also, they were looked on with suspicion by other conservationists for consorting with the "enemy," and were accused of selling out their principles. Mr. Hansen, who now is executive director of the Rocky Mountain Center on Environment, admits that if the proposed mine had been in a wilderness area, conservationists generally would have opposed it. But in this case the company had a right under existing mining laws to pursue the development and could not be legally stopped: The site was not in a protected wilderness area, nor was the land of unique and outstanding recreational or esthetic value. FLORA AND FAUNA EXPLAINED At the first committee meeting, Dr. Beatrice E. Willard of the Thorne Ecologi- cal Foundation showed color slides of the flora and fauna, and explained the interrelationships of resources in the fragile alpine ecology of the area. PAGENO="0117" 107 The company executives, somewhat hesitantly at first, divulged in detail their plans for development of the mine and mill which would transform the buried ore into the powder-like molybdenum disulfide. The major problem was: what to do with the finely ground rock tailings, the waste coming out of the mill which ordinarily is stored in ponds near the mine? More than 300 million tons of tailing are expected before the mine is exhausted. The company planned, before the experiment in ecology started, to place the mill and the pond near the mine alongside a major highway through the scenic Rockies. But at the suggestion of the conservationists, a search was started for a new location. EXPENSES REDUCED After checking all possible locations within a 25-mile radius of the mine, com- pany engineers discovered a site 13 miles away that was hidden from public view and where the mill could be built in a way that would create a minimum of pollution potential. But there was a catch. To reach this site the company would have to tunnel under the Continental Divide. Company studies showed, however, that the $25 million cost for a nine-mile tunnel and a rail line above the Williams Fork Valley could be economically justified. At first, the ideas for environmental improvement came from the conserva- tionists. But now, says Mr. Dempsey, the spirit of conservation has caught hold with the engineers who seek new ways of doing things so that as much as possible of the natural setting can be preserved. And although many of the changes are costly and have to be absorbed in the interests of a better company image, some of the changes have resulted in reducing expenses. On their part, the conservationists question everything, Mr. Hansen says. They even want an explanation for every tree the company wants to remove. Some of the changes are small-but the cumulative effect is significant. Instead of the ordinary galvanized steel buildings at the mine site, colored siding which blends with the setting is being used. Culverts and trestles are planned so that the railroad will not cut off the natural animal trails. The topsoil and dirt removed from the main mine shaft is being kept in a pile, and the land will be reclaimed when the shaft is no longer needed. Slopes that have been denuded around the mine for construction purposes are being reseeded. And operations have been kept as compact as possible so that only 300 acres are being used for the mine. PUBLIC ACCESS PERMITTED The mill will use water recycled from the tailing pond. And a series of canals will be built above the pond so water running off the mountain will bypass the pond. This should remove the danger that floods might carry tons of waste tailings into the valley below the ponds. The company is permitting public access on thousands of acres of land around the mill site which had been closed to the public by the previous owners. The conservation spirit was even infused into the utility which provides power to the mine site. The Public Service Company of Colorado was persuaded to cut selectively only a few trees where power lines were to go instead of bulldozing a a swath through the forests. WIND PATTERNS CONSIDERED A team of horses was then used to bring out the cut trees. The transmission towers were brought in by helicopter. And instead of using shining aluminum towers, the utility supplied wooden ones painted a shade of green designed to weather and blend into the setting. Not all of the ecological problems have yet been solved. Dr. Willard, for instance, feels that information about wind patterns in the area of the tailing pond is inadequate, and that studies should be made to find out in the molybdenum tailings might be swept into the air in strong winds and carried into areas where they could affect plant life. "We feel the experiment has been a success so far," says Mr. Dempsey. "How- ever, we have a lot to learn about how we are going to do reclamation work on the tailing ponds. And we are planning to hire a full-time ecologist next month. "The experimeftt has proved that an industry can work with conservationists in developing an operation. We hope it will serve as an example to others in industry and in conservation." PAGENO="0118" 108 Mr. Hansen agrees that the experiment has proved that conservatonists can cooperate with industry in some cases. But he points out that some types of development in some locations are not consistent at all with protection of en- vironmental values. In these cases, where environmental damage would far outweigh the gains, conservation groups may legitimately oppose any kind of development, or seek to have the development moved to an area where it will not cause damage. [From the Denver Post, Aug. 15, 1971] Nnw HENDERSON MINE: MINING, ENVIRONMENT MOUNTAIN (By Dick Prouty) EMPIRE.-Can a herculean mining operation costing $250 million and taking eight years just to begin production be compatible with the Rocky Mountain environment? For the Henderson Project of Climax Molybdenum Company the answer seems to be "yes." The Henderson Project is a plan to mine molybdenum ore under 12,315 foot Red Mountain 8 miles west of here, about 50 miles west of Denver. The ore body, with about 4>~ to 5 pounds of molybdenum being extracted per ton of ore, is large enough to last 30 or more years, Climax officials say. FIFTY MILLION POUNDS Annual production is to be 50 million pounds of molybdenum. The second of three Henderson shafts now is being put down 3,100 feet into the same mountain from which Climax' TJrad Mine is extracting ore. Later a third shaft will be sunk. To get the ore to the miii, 14.6 miles away, a 10.-mile-long tunnel is being bored between the mine, under the Continental Divide to the upper reaches of the Williams Fork River. Harold Wright, Henderson mine manager, said that when full production gets under way-target date is 1975-six completely automated electric trains with 30-cars each will be shuttling back and forth between mine and mill. "They're completely automated, there's no one in them at all," Wright said of the trains, which are a low-profile narrow-gauge type. Each train will have four, 50-ton rated locomotives of the Swedish ASEA manufacture, he said. At the mill, where a mountain is being leveled for the site of a crusher and mill, two tailings ponds and a water reservoir also are under construction. According to Bill Reno, Climax construction engineer, the tailings ponds will require about 130 acres of the 18,000 acres of land Climax has bought in the Williams Fork drainage. The project isn't just Climax. It's also the product of the Thorne Ecological Foundation, Boulder, the Denver-based Rocky Mountain Center on Environ- ment (ROMCOE), the U.S. Forest Service, Colorado Water Pollution Control Commission, the Colorado Open Space Council and others. PAYING THE BILL But it is Climax, a subsidiary of American Metals Climax, New York City, that's paying the bill. The environmental safeguards were undertaken with "a great deal of apprehension on both sides on how it would work out," said Jim Gilliland, a Colorado native who is director of environmental controls for Climax. How much the environmental considerations will cost hasn't been calculated. But it's plenty, a company official said. The first environmental controls were extensions of conservation measures worked out between the U.S. Forest Service and Climax in the early 1960s when the Urad mine was reopened. The Colorado Water Pollution Control Commission didn't even exist then, but the Climax representative, the late Ernie Jones, pioneered the ecological outlook with Neil Edstrom, former Idaho Springs forest ranger. PAGENO="0119" 109 LODE DISCOVERED The Henderson lode was discovered in the mid 1960s. The scope of mining more than 300 million tons of ore, of having water for milling, tailing ponds for nearly 1,900 pounds of mill waste per ton, power lines, roads, housing for workers and other impacts on the environment generated studies on the ecological signifi- cance of the development. Stan Dempsey, Climax attorney, was active in conservation work and as plans for Henderson were outlined he sought a broader input on environmental aspects from the fledgling Colorado Open Space Council. Climax officials including Dempsey, Don Stephens and Bill Distler, then Hen- derson Project director and now in charge of mining operations for it, TJrad and the Climax, Cob., mines, met with Roger Hansen, now executive director of ROMCOE; Bob Weiner, of COSC; Dr. Beatrice Willard, of the Thorne Ecological Foundation, and with others worked out what is known as "An Experiment in Ecology." FROM BEGINNING "The important thing," Distler said, "is that environmental considerations were a part of Henderson from the beginning." The cooperative attitude of conservationists surprised some company officials and vice versa. But there were environmentalists who weren't-and aren't- happy about another development invading the mountains. "It can't be hidden," Hansen acknowledged, "the landscape is considerably disturbed. But the impact is definitely minimized. There's no question about it." "With all the construction, you can't tell now what it's ultimately going to look like," Hansen said. "But the way it's going, the way it has gone and is intended to go, Henderson will be an ecological model for industrial development. I don't know of anyone in the country who has done the things Climax has done," he said. WORIC WITH PEOPLE "We've been accused of doing a `sell-out,' of being a turncoat to the environ- ment and all sorts of things," Hansen, a lawyer and planner, said, "but envi- ronmentalists have to accept responsibility and to work with people in good faith." The results of that faith are just beginning to show. For example: -tJte Creek, the Williams Fork River, West Fork of Clear Creek and other streams are flowing clear and sparkling despite the enormity of the earthmoving and other work being done near them. -Clumps of trees at the mine, near the railroad and powerline rights of way were left standing instead of being cut down. In one case a spruce fir stand with trees more than 300 years old still stands-a powerline route was changed instead of cutting the trees. ABOUT 850 TREES MOVED More than $20,000 was spent to dig up 850 trees-aspen, fir, spruce, pine- from 4 to 40 feet high and transplant them to provide a 100-yard-long test screen to a high tailing pond. The test plot, that is watered almost daily, will show what kind of trees can best survive the transplant shock. Eventually more trees will be moved to form a screen more than a third of a mile long. While more than 300 acres of timber were harvested much of the waste was chipped for mulch instead of being burned. Topsoil is stockpiled until final earth moving and construction is complete and then it will be distributed, seeded and planted with grasses, shrubs and trees. The 10,000 gallons of water needed each minute in the milling process is to be recycled, a process that saves water and avoids pollution. WATER COOLED The 5,000 gallons a minute of warm water encountered in sinking shafts to the working mine level is being aerated to cool and oxygenate it before it goes into clear Creek via settling ponds. New concepts in power line rights of way and screening were pioneered by Climax and Public Service Company of Colorado. No more wide, straight swathes through the mountains. The wires and towers are treated to blend instead of contrast with their surroundings. PAGENO="0120" 110 Acres of grass now green disturbed slopes that would have been ignored before. A tertiary sewage treatment plant, almost a high-altitude experiment plant, at 10,320 feet, is planned for the mine and offices. In the next century, when mining is over, plans for using the reservoirs and tail- ings ponds already have been outlined. Fundamental to all this are the ecological inventories made and continuing under the direction of Dr. John Marr, noted University of Colorado ecologist, and Dr. Richard Beidleman, of Colorado College, and others involved in the Colorado environmental movement. "This way we know what the situation was, what it is, and if it changes how it's changed so we know what to do-about it," Gilliland said. "We'll have the actual data. Instead of guessing and theorizing, we'll know," he said. He was referring to plant, wildlife, water life and other continuing studies. One of the really tough problems is tailings reclamation. Work at the old Climax, Cob., mine has proven the challenge. Dr. William Berg of Colorado State Uni- versity, is seeking reclamation answers under a Climax grant. PROVIDE ACCESS Not all the environmental improvements have worked. One that failed was Climax plans to open up thousands of acres of its own land in the Williams Fork Valley, and provide access to the Arapaho National Forest, for hunters and campers. But the guests drove their vehicles across meadows, mountainsides and in other ways tore up the land. The area is now barred to vehicular access, Don Stephens, Climax, public relations representative, said. "It's still open," he said, "you just have to walk or ride a horse." He said Climax is considering running a twice-a-day truck route in the area this fall. Then hunters can haul their deer or elk to the access roads, and it willl be brought out in the company truck to the county road. The impact of the enormous project and anticipated satellite development on the Williams Fork is a major concern of Colorado Game, Fish and Parks officials. "It's going to change deer and elk migration routes, population concentration~. and other factors," Paul Gilbert, area supervisor at Hot Sulphur Springs, said. To the west, across the Williams Fork Mountains, development in the Blue River Valley is affecting deer, elk, upland game birds as well as stream life. He estimated there are 500 elk and about 500 deer in the area now. WATER COMPETITION Competition for water by various interests, including Climax, Denver and other developers is also worrying trout enthusiasts, he said. "They're making every effort they can to keep the stream clean, but it's the combination of effects including adequate stream flows that concern me," Gilbert said. The opening of once closed ranches and foot access to the national forest is working out "surprisingly well," he said. Distler said the company spent weeks searching for a mill and tailing site that would minimize the environmental impact. Of 36 sites, only two were environ- mentally satisfactory. The result is a small scenic valley just west of the Williams Fork River, north of Ute Pass. A portion of the two-track, narrow-gauge railroad between the tunnel portal and the mill will be visible from the county road that follows the river back up the valley from the Colorado River. The tunnel will be more than 52,000 feet long. The Dravo Corporation has bored more than 3,000 feet underground from the Williams Fork side. The tunnel and train are expected to cost $50 million. [From the Washington Star, Aug. 15, 1971] THREAT AT FROSTBTJRG STATE-STRIP MINING To INVADE CAMPUS? (By Lee Fbor) FROSTBURG, Md.-Frostburg State College suddenly has found itself confronted with a most unusual problem-the possibility that a strip mining operation may someday gobble up the southern half of its campus. PAGENO="0121" 111 The college has had high hopes for the southern half of the 212-acre campus. In its 10-year master plan, the administrators planned to put in two buildings and to build a winding road back in the rolling foothills of the land, which is at the base of the Big Savage Mountain. Other parts of the southern 100 acres were to be an "ecology center," and would be natural woodland, reserved for whatever future use was needed. But for years, the college administrators did not know that the mineral rights to the land were not owned by the college. Instead they belong to the Georges Creek Big Vein Coal Company. VIEWED FRO1~~ ABOVE Strip mining already is being carried out higher on the slopes of the Big Savage. And from those high slopes, strip miners are viewing the campus and down below. Ironically, the very battle the ecologists have been waging to halt air pollution, in turn, has caused the seam of coal under the campus to have more value. Before, it was not economical to strip off the top 30 to 40 feet of surface soil to dig out a 36-inch thick seam of coal. But the seam of coal is no ordinary coal. It is Tysons Coal, and has a very low percentage of sulphur. Ecologists have complained that high-sulphur coal creates too much sulphur dioxide when burned, so recent state and federal regulations have limited many power plants to burning only coal with 1 percent or less sulphur. A few miles from Frostburg, the Virginia Electric Power Co. (Vepco), which supplies almost all of the electric power in Northern Virginia, has a major power plant. The plant, at Mt. Storm, W. Va., has to buy much of its low sulphur coal from the strip mining operation on Big Savage Mountain above Frostburg College. So the fight to halt air pollution has transferred the problem to the Big Savage Mountain slope, and indirectly, is posing a threat to the small Frostburg campus. MINERAL EIGHTS Richard B. West, the Frostburg college administrator who has been dealing with the problem of the mineral rights and the strip mining possibility, said that no one was sure why the state had not acquired the mineral rights when it bought the land for the campus. "It's common up here in the mountains for mineral rights to be owned separately from surface rights," he said. The southern half of the campus was bought when the Maryland State Roads Commission had to acquire some right-of-way for its National Freeways now under construction south of Frostburg. The commission had to acquire a large parcel of land in negotiating with one landowner, and some 100 acres of the land turned out to be surplus after the freeway blueprints were finished. The land adjoined the small campus occupied by the old Frostburg College, so the state gave it to the campus. West said the question of the mineral rights never came up until several years ago when the college, in the great tradition of cOllege grantsmanship, asked for and received a grant from the Appalachian Regional Commission. The $66,000 grant was for a pioneering effort to reclaim an old strip mine excavation in the lOO-acre area. As part of the preliminary work under the grant, title examiners discovered that the mineral rights were owned by the Georges Creek Co. 600 TONS The land just above the campus is now being strip mined by the Winner Brothers Coal Co., which owns some land and leases other land for its operations. Every day, the Winner Brothers, George and Albert, mine an average of some 600 tons of coal from their strip mining operation, with much of this destined for the Vepeo power plant. In the negotiations between the Georges Creek Co. and the college, the Winners have become an issue. Because they already are operating a strip mine bordering the campus, Robert C. Harvey, manager of the Georges Creek Co., has proposed leasing the campus coal rights to them. Under his proposal, the Winners would strip off the top 30 to 40 feet of surface material, and then would scoop out the seam of low-sulphur coal. They would then backfill the strip mine area, and would plant trees and grass on the surface. PAGENO="0122" 112 RESTORATION PLANNED As part of their project, they would restore the old excavations left by previous strip mining there s~me 20 years ago, and then, finally, Georges Creek would surrender all mineral rights to the land. However, West said the college felt it would be barbaric to have a strip mine on campus. He said he was working with Allan S. Levy, assistant Maryland attorney general, to work out some compromise which would avoid strip mining on the campus. He said that at one point, Georges Creek had offered to sell the campus mineral rights to the state for $80,000. Levy and West and Georges Creek are still nego- tiating, and Levy said he felt there was a good chance they could work out a settlement, because Georges Creek management was trying to cooperate. "If nothing else works, we can condemn the mineral rights," Levy said. Other state agencies have higher powers of condemnation, called the "quick take," which permits a road agency, for example, to seize a right-of-way and argue in court afterwards about its value. The state apparently does not have this much power for a college. But then, whoever expected a college to face the peril of a strip mine. PAGENO="0123" `PRESS `SERVICE ECONOMICS NATIONAL COAL ASSOCIATION Coal Building I 1130 Seventeenth Street, Northwestl Washington, D. C. 20036 NAtional 8-4322 (For ~undaya.m,'s, Sept. 19, 1971) COAL PRODUCTION HIGHEST SINCE 1947 WITH VALUE OF $3.8 BILLION, BAGGE SAYS WASHINGTON, Sept. 18- -Carl E. Bagge, president of the National Coal Association, said today bituminous and lignite coal miners produced about 603 million tons of coal valued at almost $3. 8 billion in 1970. It was the first year since 1947 that production had exceeded 600 million tons. Underground mines produced 339 million tons valued at $2. 5 billion and surface mines 264 million tons valued at $1. 3 billion, Mr. Bagge said in releas- ing a 1970 economic and production analysis prepared by NCA economists. "A side from the increase in production and the significant economic impact of the coal industry, the point that really stands out in the figures prepared by our staff is the great contribution being made by the surface mining industry to the totals," Mr. Bagge said. "Without surface-mined coal our industry simply would be unable to meet the demands now being placed upon it by the electric utility industry, which is by far the largest single customer for coal and the biggest user of surface-mined coal." The NCA study was made in preparation for hearings before the Mines and Mining Subcommittee of the House Interior Committee next week on pro- posals for Federal regulation of strip mining. NCA has previously announced that it is not opposed to legislation requiring surface-mine operators to meet Federal standards in land reclamation, but wants to leave the primary job of developing specific regulations to the states because of climatic and topograph- ical variations. (113) PAGENO="0124" 114 Mr. l3agge said the study, based on preliminary figures, shows that in 1970: 1. There were 111, 517 production and related workers in coal mines, 89, 445 working underground and 22, 072 in surface operations. 2. The addition of supervisors and on-site office workers brought total employment in bituminous and lignite mines to 127, 794. 3. The total payroll was $1.2 billion, of which $954 million went to under- ground workers and $248 millio~i to surface miners. This is the breakdown, based on preliminary figures for 1970, for the seven principal coal producing states: West Virginia--production, 144 million tons, with 116 million underground and 28 million surface; total value, $1, 142 million, with $939 from underground operations and $203 million from surface operations; employment, 41, 452, with 36,403 in underground operations and 5, 049 surface; payroll, $379 million, with $344. 5 million underground and $34. 7 million surface. Kentucky--production, 125 million tons, 62. 61 million underground and 62.69 million surface; total value, $712 million, with $422 million underground and $289 million surface; employment, 22, 418, with 16, 659 underground and 5, 759 surface; payroll, $194 million with $143 million underground and $51 mil- lion surface. Pennsylvania--production, 80 million tons, 55 million underground and 25 million surface; total value, $585 million, $450 million underground and $135 million surface; employment, 20, 936, with 16, 101 underground ~nd 4, 835 surface; payroll, $211 million, with $159 million underground and $52 million surface. illinois- -production, 65 million tons, 32 million underground and 33 mil- lion surface; total value, $320 million, with $171 million underground and $149 PAGENO="0125" 115 million surface; employment, 8, 284, with 5, 391 underground and 2, 893 surface; payroll, $87 million, with $55 million underground and $32 million surface. Ohio--production, 55 million tons, 18 million underground and 37 million surface; total value, $262 million, with $98 million underground and $164 million surface; employment, 8, 207 with 4, 168 underground and 4, 039 surface; payroll, $84 million, with $41 million underground and $43 million surface. Virginia--production, 35 million tons, 28 million underground and 7 million surface; total value, $246 million, with $213 million underground and $33 million surface; employment, 11,077 with 9,423 underground and 1,654 surface; payroll, $96 million, with $82 million underground and $13 million surface. Indiana--production, 22 million tons, 2 million underground and 20 million surface; total value, $102 million, with $12 million underground and $90 million surface; employment, 2, 105 with 572 underground and 1, 533 surface; payroll, $23 million, with $6 million underground and $17 million surface. PAGENO="0126" 116 [From Natural Resources Journal, Vol. 6, No, 1, January 19661 STRiP MiNE RECLAMATION AND ECONOMIC ANALYSIS DAVII)13 13RoOK~,* It was pros ed U)fl(lU"l~ cl~ tit tt tl~ t ~ h'td fl I flP r ` r stants 11 ttl ltlofl 1111) to t)tt. puhlit_ ht tit Ii, ~ ty, 111(11 C well tre -} (IWIn R Phelps With strip mining and its companion, the auger-mining process, the shades of darkness moved close indeed to the Citmiet lamb. .-Hatty M. (2.wdill2 It has almost become a cliche to describe strip mining for coal as "rape of the land." Strip mining is a surface method in whkh large power shovels-some of them the largest in the world - "strip" off the soil and rock overlying coal beds, dump it to one side, and then load the underlying coal onto trucks.3 An extremely productive method of mining,4 it nevertheless evokes strong reactions because the unwanted soil and rock are turned into long, successive ridges of unsorted, ugly, and unproductive waste as "strip" after parallel "strip" of earth is mined. These man-made badlands extend over large areas, each ending in a deep pit, the last strip mined out, beside Economist, Resources for the Future, Inc., Washington, D.C. I acknowledge with thanks the assistance of Robert K. Davis, Jack L. Knetsch, Allen V. Kneese and Edwin H. Montgomery, all of whom contributed to the paper through numerous discussions as well as by their comments on an earlier draft. 1. E. R. Phelps, Current Practices of Strip Mining Coal, in Proceedings of Sym. posium on Surface Mining Practices 8 (Univ. of Aria. College of Mines 1960). 2. H. M. Caudill, Night Comes to the Cumberlands 305 (Atlantic-Little, Brown 1963). 3. The word "strip" is used both as a verb indicating the removal of overburden and as a noun describing the long, thin plan of the areas mined out in each stage of advance. Many discussions of strip mining are available: 0. E. Kiessling, F. G. Tryon & L. Mann, The Economics of Strip-Coal Mining (Economic Paper No. 11, U.S. Bureau of Mines 1931); H. D. Graham, The Economics of Strip Coal Mining (Bull. No. 66, Bureau of Economic and Business Research, Univ. of 111. 1948) ; University of Aria. College of Mines, Proceedings of Symposium on Surface Mining Fiactices (196('), especially E. R. Phelps, Current Practices of Strip .~finit:9 Coal, ii. at 1. 4. In 1962 the average productivity at bituminous coal and lignite strip mines in the United States was nearly 27 tons per man per day. The average at underground mines was 12 tons. The absolute difference between the two rates has been incrcasin~ 2 U.S. Bureau of Mines, Minerals Yearbook, Fuels 71, 86 (1962) thereinafter cited as Minerals Yearbook, Fuels). PAGENO="0127" 117 which is a cliff called the highwall. With "area stripping," used in relatively flat terrain, the entire surface area is turned into giant * washboards. With "contour stripping," used in mountainous areas, the strips resemble looped shoestrings as they follow the sinuous outcrop of a coal seam, leaving a gash of one hundred feet or so in the hillside. Finally, with "auger mining," a relatively new technique, * drills as large as seven feet in diameter bore into a seam (often into a high-wall left by stripping) from the surface, leaving it perforated by a series of holes from which the coal has been removed.6 Any of these methods may cause extensive pollution and erosion damage downslope and downstream of the mine site unless the mine is care- fully managed.6 Strip mining for coal in the United States will be one hundred years old in 1966, but during much of this time it was not an im- portant method. Since the 1930's, however, strip mining has grown to account for one-half of all anthracite and nearly one-third of all bituminous coal and lignite mined in this country.? It has recently been estimated that operating and abandoned strip pits now occupy 500,000 acres in the Appalachian and Midwest coal fields.8 Since the l930's, coal strip mining has been attacked-.-.and defended...-jn literally hundreds of emotional articles, speeches, and political S. Minerals Yearbook, Fuels 98-101. See also W. A. Haley & 5. 5. Dowd, The Use of Augers in Surface Mining of Bituminous Coal, in Report of Investigations 5325 (U.S. Bureau of Mines 1957). The average productivity at auger mines in 1962 was about 35 tons per man per day; ef. note 4 supra. 6. Among the many descriptions of the effects of strip mining on landforms, water- courses, and land use, the following, which do not agree in all respects, were found particularly useful:"G. S. Bergoffen, A Digest: Strip.Mine Reclamation (U.S. Forest Service 1962); C. R. Collier et al., Influences of Strip Mining on the Hydrologic En- vironment of Parts of Beaver Creek Basin, Kentucky, 1955.1959 (Professional Paper No. 427.B, U.S. Geological Survey 1964); G. F. Deasy & P. R. Griess, Coal Strip Pits in the Northern Appalachian Landscape, J. Geography, Feb. 1959, p. 72; A. Dour & L Guernsey, Man as a Ceomorphological Agent: The Example of Coal Mining, Annals of the A. of American Geographers, June 1956, p. 197; L. Guernsey, Strip Coal Minissp: `4 Problem in Conservation, J. Geography, April 1955, p. 174; G. A. Limstrom, Forestation of Strip.Mined Land in the Central' States (Agricultural Handbook No. 166, Central States Forest Experiment Station 1960) ; Tenn. Dep't of Conservation and Commerce, Conditions Resulting From Strip Mining for Coal in Tennessee (1960); TVA, An Appraisal of Coal Strip Mining (1963). 7. Mineral, Yearbook, Fuels 84-86, 172. A brkf history of surfacemining is pre- sented by 3. %V. Feiss, Surface Mining.-Mjneral,, Men, and Divots, Paper Delivered to the Conference on Surface Mining conducted by the Council of State Governments, Roanoke, Va., April 13, 1964, p. 6 (mimeo.). 8. TVA, op. cit. .cu~ra note 6, at 4. An estimate made five years ago concluded that, `o~ the average, some two acres of every square mile in the Northern Appalachian Coal Fields,.and a slightly smaller acreage of every square mile in the Eastern Interior Coal Fields, consist of strip pits." Local concentrations are, of Course, much higher. Deasy & Griess, su~ra note 6. PAGENO="0128" 118 campaigns. During the same period scientific knowledge about the effects of strip mining has been developed from a variety of sources. Both science and emotion are represented in current opinion and in the body of legislation that regulates strip mining in the important producing states.9 As yet, however, little effort has been devoted to subjecting these questions to economic analysis.1° The purpose of this article is to in~ dicate what economics has to say about coal strip mining and attend. ant efforts to protect other natural resources. More explicitly,! will argue that the private profit signals to which coal stripping firms must and should respond to maximize their profits are not adequate guides for maximizing social welfare. In many situations private market decisions can be relied upon to yield an approach to max. imizing social welfare, but this is not the case whenever there is a divergence between private costs and social costs, like the situation presented here. The essence of the strip mining problem is that sub. stantial costs resulting from the process of stripping are imposed on other individuals and are not reflected in the accounts of the coal mining firms. It will be convenient to use the term "reclamation" to mean efforts devoted to controlling the use of land while it is being stripped as well as efforts devoted to bringing back to use land that was stripped in the past. The term "regulation" will refer.to a legal enactment to accomplish one or both of these goals. In popular statements both reclamation and regulation are commonly called "conservation." I THE UNIQUENESS OF COAL STRIP MINING Why has coal strip mining attracted more attention than other mineral commodities mined in open pits? The answer lies in a com- bination of reasons. First, coal strip pits are common in the wooded and agricultural areas of the populous eastern half of the country, not in the remote and semi-arid WTest. Second, compared with other non-metallic minerals mined in large quantities in the East, coal 9. In 1962 bituminous coal and lignite stripping was practiced in 22 states. however, six states-Illinois, Indiana, Kentucky, Ohio, Pennsylvania, and \Vest Virginia-ac. counted for about 85% of the tonnage produced. These states and Maryland have laws regulating strip mining. R. G. Meiners, Strip Mining Legi~1ation, 3 Natural Resources J. 442, 443 (1964). 10. Bergoffen, op. cit. supra note 6, at iii. PAGENO="0129" 119 stripping requires the production of much larger amounts of waste.1' Third, compared with open pit metal mines, coal strip pits are very short.lived. The coal is mined from an area within a year or a few years, while iron or copper pits often remain in existence for half a century or more. Fourth, coal mines (not only strip mines) present certain problems not common to other mines. Coal, both in place and in dumps, is inflammable. Some 220 fires are burning in underground seams today and about 500 more burn in waste piles.12 Many coal seams also carry iron sulfide minerals that react with air and water to form sulfuric acid, thus producing the widespread acid mine drain. age that is toxic to fish and vegetation and which causes extensive corrosion damage.'8 Finally, there are factors that are less definable. Coal mining is a symbol of the industrial revolution and carries with it a congeries of impressions for some people: impersonality, monopoly capitalism, absentee ownership, etc. To these, stripping adds the following: wholesale and rapid change in land use; serious deterioration in a. familiar landscape; and extensive stream and valley pollution. It has also been suggested that stripping offends most seriously not by creating ugliness per se, but by creating ugliness in areas where one least expects to find it. Given this complex of issues-partly rational, partly mystical, but always strongly felt-it is more apparent why individuals with other. * wise diverse interests-sportsmen, farmers, conservationists, and even underground miners-could unite in their opposition to strip mining.14 During the past several decades, therefore, strip mining has been generally and popularly regarded as an evil, mitigated 11. Typically the ratio of waste to coal is 12:1. The ratio of waste to usable product is much higher in low.grade metal mines, but the great bulk of the waste is not produced at the mine but at mills and smelters where it can more easily be handled. Feiss presents an outline comparing the physiographic effects of different mining methods; o/>. eli. su/>ra note 7, at Fig. 1. 12. U.S. Dep't of the Interior, Annual Report of the Secretary for the Fiscal Year 397 (1962); R. W. Stahl, Survey of Burning Coal.Mine Refuse Banks 1 (Information Circ. No. 8209, U.S. Bureau of Mines 1964). 13. The following are useful introductions to the acid mine drainage problem: G. P. Hanna et al., Acid Mine Drainage Research Potentialities, 35 J. ~Vater Pollution Con. troT Federation 275 (1963); G. D. Beal, Common Fallacies About Acid Mine Water (Sanitary Water Bd., Pa. Dep't of Health 1953) (mimeo.); and any of the papers by S. A. Braley appearing in mining journals during the 1950's. * 14. Indications of both open and hidden attacks by underground miners on the * lower cost strippers can be found scattered through the mining literature. Rather more * surprising, is the fact that the TVA, once the delight of conservationists, is being cast by them in the villain's role for allegedly ignoring the effects of strip mining to. purchase cheap coal for low~cost thermal power. 69-142 0 - 72 - 9 PAGENO="0130" 120 only in part in its high productivity But this was not the only dilem. ma that it posed Conservationists looked with disgust upon the re. suiting landscape, yet they had to admit that strip mining recovered a greater proportion of the coal than did underground mining.1' Agronomists emphasized the loss of arabic land to strip pits, yet they had to admit that poor farming practices resulted in a far greater loss `~ Social scientists worried about effects of stripping on local communities, yet they had to admit that stripping not only provided much needed employment in coal towns but also had a far better safety record than underground mining 11 Thus, to most people any judgment of the social value of coal strip mining has always been a matter of balance And it is Just this kind of balancing, of choosing among alternatives when there are real and difficult conflicts, that economic analysis is designed to handle 18 Economic analysis does this by providing a rational and operational set of rules for determining whether the benefits from any action outweigh the costs Moreover, in situations like strip mrn ing, where private costs are not equal to social costs, all costs can, at least in principle, be incorporated so that the general goal of public policy, to m~tximize net social benefits, can be pursued The remainder of this paper is divided into three sections The first is a review of how approaches to strip mine reclamation have changed during the past several decades The second is a series of conclusions pertinent to economic analysis that I have drawn from the literature, from interviews, and from field observations Then, in the third section tentative suggestions are mide about the applica. tion of economic concepts to policy problems A final note before proceeding The emphasis in this paper is on the effects of strip mining on natural resources There is reason to think that the more immediate problems may relate to the people 15 Strip mines recover 90% or more of the coal in place whereas underground mines seldom recover more than 50% This conflict is typified in an article by W C. Bramble Strip M,n:n~i Waite or Consers ation? American Forest June 1949 pp 24~2S 16 See e g, H R Moore & R C Headington Agricultural Land Use as Affected by Strip Mining of Coal in Eastern Ohio 34 (Bull No 135, Ohio State Univ Agricul tural Experiment Station 1940) (mimeo) 17 In 1959 the accident frequency rates at underground bituminous mines were 1 02 fatal and 42 71 nonfatal accidents per million man hours The rates at strip mines s~ere respectively 046 and 2069 At auger mines the rates ssere 0 and 21 20 D Drury, The Accident Records in Coal Mines of the United States 96 97 (Dep't of Economics, Univ of md 1964) 18. P. A. Samuelson, Economics: An Introductory Analysis 1.7 (5th ed., McGraw. Hill 1961) R A Dahi & C E Lindbloom Politics Fconornics and Welfare 18 28 pa; Jim (Harper & Bros. 1953). PAGENO="0131" 121 who live in and move out of strip mined areas. Indeed, a large proportion of strip coal comes from the poverty-stricken region de- fined as Appalachia.'° Human resources and natural resources are related, of course, and I could not disagree if it were stated that the first emphasis in these areas should be placed on education rather than on reclamation. 20 II CHANGING APPROACHES TO THE PROBLEM Beyond noting the few articles in economics journals, the purpose of this section is not to review the extensive literature on strip-mine reclamation and regulation.2' Rather, it is to point out the decided change in both tone and content discernible in serious considerations of the subject. A. Agriculture and Agricultural Journal: Scattered articles on the effects of strip mining and on the minor rcclanlation efforts of the time began to appear in the l920's.22 Dis.. cussion warmed considerably in the following decade but focused less on the ill-effects themselves than on the amount of land that was taken, probably permanently, out of agricultural production. The arguments were not well supported and tended to reflect .agrarian values. During the late l930's, two forces initiated a change in the tenor of discussion. The first was the research interest that state agricul. tural experiment stations and the Central States Forest Experiment Station of the United States Forest Service began to show in strip mine reclamation, (In the case of acid mine drainage, state engineer. 19. President's Appalachian Regionil Comm'n, Appalachia 42-44 (1964). 20. This is surely a major theme of Harry Caudill's book, Nig/,t Come, to Ihe Cum- berland, (Atlantic-Little Brown 1963), especially pp. 305-24. It is also the principal conclusion in M. J. Bowman & W. \V. Haynes, Resources and People in East Kentucky 244-46 (Johns Hopkins Press for Resources for the Future, Inc. 1963). These two books should be acknowkdged a~ the source of my interest in these problems. 21. The pamphlets by Limst rum and Bergoflen, note 6 iupra, include reviews of the literature. Three bibliographies have been prepared: G. A. Limstrom, A Bibliography of Strip-Mine Reclamation (Misc. Release No. 8, Central States Forest Experiment Station 1953) ; K. L. Bowden, A Bibliography of Strip-Mine Reclamation 1953-1960 (Dept of Conservation, Univ. of Mich. 1961) (mimeo.); D. T. Funk, A Revised Bib- liography of Strip-Mine Reclamation (Misc. Release. No. 35, Central States Forest Ex- periment Station 1962). 22. These early activities were usually reported in the Journal of Foresfi~. PAGENO="0132" 122 ing experiment stations and the United States Public Health Service served in a similar relationship.) The experiment stations viewed problems created by mining like they did those problems created by farming: they saw damages; they analyzed their nature; and they sought ways of coping with them.23 Moreover, they financed or in. spired studies by individuals in related fields-ecologists, fish and wildlife biologists, hydrologists-so that many disciplines have con. tributed to our present knowledge of strip pits. Strip mine legislation was the second force. West Virginia passed the first regulatory law in 1939,24 and other states followed suit. As state agencies were established to administer the law and carry out reclamation activities, a demand was created not only for research. ers but for foresters and agronomists who could put findings into practice over large areas. But perhaps the main contribution of the state laws was a shift of emphasis from cure to prevention, from post-mining reclamation to regulation designed to avoid damages. Moreover, as the postwar agricultural revolution muted the argu. ment that stripped land was needed for food production, the public. oriented perspective of state agencies encouraged them to further shift their emphasis toward recreational use of stripped land. B. Mining Industry and Journals * For the most part during the prewar years the strip mining indus. try denied legal or moral responsibility for the effects of stripping. However, as the first results of reclamation research became avail. able, a few companies did experiment with reforestation. Also, sev~ eral statewide associations of strip mining firms-usually the larger ones-were formed to carry out reclamation programs.25 Gradually the prevailing attitude shifted from do-nothing to one that could be called "industry oblige." But so long as voluntary reclamation was held to be the appropriate policy, strippers fought every state law.~' Organized efforts were devoted to opposing bills introduced in state legislatures and, when passed, fighting them in the courts. Never. 23. Much of this work was published in the Proceedings of the state academies of science rather than in an official publication. / 24. \V. Va. Acts 1939, ch. 84. 25. A. L. Toenges, Reclamation of Stripped Coal Land, in Report of Investigations 3440 (U.S. Bureau of Mines 1939); L. E. Sawyer, Reclamation and Conservation of Stripped-Over Lands: Indiana, Mining Congress J., July 1946, pp. 26-28. 26. For a recent statement that reflects the earlier opposition to any compulsory reclamation, see W. H. Schoewe, Land Reclamation, Mining Congress J., Sept. 1960, pp. 92-97, and Oct. 1960, pp. 69-73. PAGENO="0133" 123 theless, some laws were passed and, with the exception of a poorly drafted Illinois statute, upheld by the courts as a legitimate use of the police power to protect the general welfare.2T Today state regulation is no longer opposed by the strip mining industry as a whole. Indeed, one often hears a call for stricter en. forcement.28 There remains some Opposition to extending legislation to states which do not now regulate strip mining,29 but the more broadly supported industry position is to Oppose: (1) federal in. vestigation of any kind,30 and (2) state laws placing responsibility on the industry for lands stripped and abandoned before existing legislation went into effect.31 Articles on strip mine reclamation have appeared regularly in the mining press since about 1946.32 Most articles have been written by o~cials of the now very active reclamation associations set up by the strippers. These organizations, staffed by foresters and agrono. mists, were better equipped to utilize the techniques developed by the experiment stations than were mining companies. Their profes. sional attitude is probably the suorce of the most recent shift in the industry attitude. The goal of "industry oblige" was to reduce op. position to stripping, much as institutional advertising might un. prove the public image. But agronomists and forestes s, like miners, are interested in production; they shifted the emphatis from public relations to gaining income from mined~out land thi'ough cominer. cial forestry, grazing, or (increasingly) charging user tees for recreational use.U 27. Meiners, sn/ira note 9, at 445. G. D. Sullivan, Presentation 1~efore the Min,r,1 and Natural Resources Law Section, AmerIcan Bar Association, Chicago, Ati~. 13, 1963 (mimeo.). 28. A. E. Lamm, Surface Mine Reclamation-Why and flow, Mining Congriss j,, March 1964, p. 25; D. Jackson, S/rip Mining, Reclamation, and the Public, Coal Ag., May 1963, p. 94. Interstate groups like ORSANCO are also favored over federal regulation; see W. A. Raleigh, Acid~Drainage Curbs Are Here, Coal Age, April 1960, pp. 80~84. There are two "ulterior purposes" that are at times allegcd to be of lssfhiepi~i in the call for stricter enforcement: (1) an attempt to take the steam out of efforts to strengthen existing laws, and (2) an attempt to force the smaller stripping concerns out of business. 29. Schoewe, sn/ira note 26. 30. Lamm, su/ira note 28; Meiners, sn/ira note 9, at 460. This position Is somewhat inconsistent with complaints that reclamation requirements in one state are moi~ es. pensive than those in another. 31. West Virginia is alone in having a fund into which strip miners pay a fee for reclamation of land mined in the past. Meiners, sn/ira note 9, at 458. The ORSANCO rules for control of acid drainage define no responsibility for abandoned mines. 32. Most of these articles appear in Coal Age or Mining Congress Journal. 33. L. Cook, A New Approach to Strip Land Reclamation, M'sing Congress J., Aug. 163, p. 68, and Reclaiming Land for Profit, Coal Age, Oct. 1963, p. 94; Jackson, sn/ira PAGENO="0134" 124 C. Economics Journals It is surprising that during three decades of widespread interest only four articles on strip mining have appeared in economics jour. nals.34 Of these, only one considers strip mining in a framework explicitly separating private and social values ~ Another essentially proposes application of a social rate of discount to strippable farm land to retain it in agriculture 86 A third presents a useful critique of strip mine legislation 87 And the fourth, written by a geographer, describes the effects of strip mining in a semi arid region 38 As a matter of fact, the work of several geographers deserves substantial credit for today's more rational climate of opinion and comes close to providing, albeit qualitatively, the kind of analysis urged in this paper 80 The comments above should not be taken to imply that economic considerations are absent in other studies, for information on rec. lamation cost is given in many articles However, the data pre. sented are typically very general or very specific More important, cost is reported as if reclamation were a production process in which private costs could be simply tabulated against private returns In short, economic dat't have sometimes been reported, but economics h'is not been used as a dccision framework incorporating social as well as private values, UI ECONOMIC OBSERVATIONS To formulate public policy for strip mining \%lth the objective of incuising the net bcncfitsto society, the place of strip mining in our ilote 28 In 1963 a national on, ization the Mined Land Conservation Conference, was formed in \Vashlnbton D C to coordinate and publicize the work of state asso. ciations. The "Voluntary Industry Program for Surface Mined-Land Conservation" of the Conference would be Ideisi If It were actually practiced. See Mined-Land Conserva- tion (`on.fercnre, Surface Mine Land Conservation 1-4 (undated) (mimeo.), 34. in addition, strip mining in the context of establishing "safe minimum standard." for conservation practice has been discussed by S V Ciriacy Wantrup, Resource Con. ser~ anon Feonomics and I oliues 2b4 65 (Univ of Cal 1952) 35 II W hannah & B Vandervliet Fffects of Strip Muon; on lgricultural ~f reaj in illinois and Sugge'sh'd Remedial Measures 15 J I `md & P U Eion "96 (1939) 36 ( I Ste~~art Slratea) in Protecting 1/u Pu! Ii~ , interest in land s~.ith S*eciml Ref eren e to Strip ~1intng id at 312 37 Mc mners supra note 9 38. A. II. Doerr, Coal Mining and Changing Land Patterns in Oklahoma, 38 Land Econ. 51(1962). 39 See especially G F Deasy & P R Griess Coal Strip `~fmne Reclamation Mineral Industries, Oct. 1963, p. 1; Guernsey, Strip Coal Mining: if Problem in Conservation, supra note 6. PAGENO="0135" 125 socio-economic system must be described. The following conclusions, drawn from a variety of sources, seem relevant to an analysis of strip mining in this context. (1) The day of depletion of the coal minable by surface methods is not at hand, as some have suggested. Technologic advances, mani* fested in the pit by mammoth shovels, are making it possible to move larger and larger amounts of overburden to reach underlying coal. Furthermore, in thermal generation of electricity, the most important use of coal today, the lower quality coal usually produced at strip mines can be burned as efficiently as the more expensive, higher quality coal produced at underground mines. (2) Under existing economic arrangements coal strip mining is the highest use of most land stripped or sought by strippers. That is, the present value of the time stream of private net revenues from coal production is greater, usually considerably greater, than the market price of that land for any other use.4° Not only are the per acre returns from coal higher than from other commodities, but they accrue within such a short time that their present value is not greatly diminished by discounting the future. The difference in capital values is indicated by the active market existing for strippable land. In other words, both strip mining firms and land owners appear to be making appropriate decisions in terms of the private costs and returns that each must consider.41 In this framework the long stand. ing argument whether or not strip mines consume land of good, av* erage, or marginal agricultural quality is irrelevant.42 The same analysis applies whatever the quality of land is involved, though coal companies will presumably have to pay more for higher quality. (3) By private standards the strip mining industry is acting in an 40. Graham, o~. cit. .ruj'ra note 3, at 29-3 1, 46-51; Guernsey, Strip Coal Mining: A Problem in Conservation, supra note 6, at 178. 41. This is not to say the market is working in ideal fashion. First, the bargaining advantage lies with the coal companies because they have the drilling records. Graham, op. di. supra note 3, at 50; Guernsey, Strip Coal Mining; 4 Problem in Conservation, s~)ra note 6, at 178. Moreover, while some farmers may welcome stripping as a way to get their capital out of the farm, others who would prefer to continue farming may 1.e forced to sell because the area loses economies, perhaps in marketing or in: spply of factors, when too much land is withdrawn from farming. Fear of such d~economies could set up a chain reaction that in effect lowers property value,, Guernsey casts some light on these possibilities; id; at 179-81. See also G. H. Walter, ~4;ri u/lure and Strip Coal Mining, Agricultural Economics Research, Jan. 1949, pp. 26-28. 42. Coal operators have generally held that the land stripped was of marginal c'..a!ity, whereas others have held that it was of higher quality. Evidence indicates tat land stripped is neither largely good nor largely poor land for agricultural pur. poses. Graham, o~. cit. supra note 3, at 43-44; TVA, op. cit. su~ra note 6, at S. PAGENO="0136" 126 efficient manner. Like the exploitation of many other natural ic. sources, the difficulty with coal strip mining is that private standards are not sufficient to define social efficiency. This market failure results because' the decisions of strip miners impinge upon other individuals in the economy and affect the miners' production and consumption decisions in ways that are not reflected in their cost calculations. These effects are what economists call technical cx~ ternalities or external costs. They are of interest not only because they are tangible or intangible costs imposed on others by the mining operation, but more importantly because there is no compensation for such costs and, therefore, no need for the coal operator to con* trol them. They are outside his market calculations-hence the name, external costs-e'ven though they are significant costs to society. Through the years an almost endless number of ill~efTects have been attributed to strip and auger mining. Upon closer examination many of these accusations have been found to be untrue. Other damages, those affecting the sales value of land held by coal corn' panies, should come to be reflected in private decisions. But there are external costs that are real enough, and they form the heart of the strip mining problem. Inasmuch as these costs have been the subject of most of the nontechnical articles about stripping, they need not he discussed here in any detail,43 but they should be ic. viewed briefly. (a) Air pollution is a relatively minor problem, confined to dust at some pits and to smoke from burning waste piles or coal seams." (b) Water pollution, resulting from acid drainage or sedimenta. tion, or both, is much more serious than air pollution. Acid drainage (actually a greater problem with deep mining) occurs as direct run. off from pits and as seepage from auger holes. It is rcspo~sib1e for caking in boilers and for corrosion of boats and bridges at consider. able distances downstream from its point of origin. Acid drainage is also responsible for long reaches of some streams that are perma. nently devoid of fishlife or vegetation and for occasional fish kills in other reaches. Sedimentation, a more serious problem with contour stripping, results from the erosion of spoil banks, denuded hillsides, 43. For varying appraisals of the importance of these costs, see references cited flOte 6 sufrra; also hannah & VanJervliet, sujra note 35. Graham, o~. cit. supra note 3, at 5~*6l, ernphasi~es the effect of strp mining on tax collections. Several admittedly biased but nevertheless vivid pictorial reviews have also been published. See, e.g~, Kentucky's Ravaped Land, Louisville Courier-Journal, Jan. 5, 1964 (special, supple- merit). 44. E. `Hall, Air Pollution From Coal Refuse Piles, Mining Congress J., Dec. 1962, p. 37. PAGENO="0137" 127 and access roads. Sediment in streams destroys fish habitat, erodes bridges and roadways, clogs culverts,. and aids in undercutting stream banks. It shortens the life of flood control and water storage pro. jects. Both acid drainage and sediment contribute to increased treat. ment costs for downstream users. (c) Land problems go hand.in.hand with those of watercourses. The land downslope or downstream of a strip mine may receive eroded material from the mine area. It may become devegetated. In some cases sediment and coal fines have choked stream valleys until the fields become swampy and useless for agriculture. There is some evidence that choked stream beds and the bursting of sediment. built dams are responsible for increased flood damages.45 Forest development is often altered and wildlife habitat destroyed; stag. nant pools commonly develop in old strip pits, and there are cases in which coal fires have set forest fires. (d) Intangible or less measurable effects derive from aesthetic and cultural values that are not directly tied to markets. Important aesthetic effects result from the loss of a natural environment, what. ever its original character. Other aesthetic effects result from the ab. sence of vegetation (or years on some spoil banks and from the debris remaining after mining. Aesthetically speaking, the small proportion of land actually consumed by strip pits is of less impor. tance than the much larger area over which its effects are visible.~ Such intangible costs are imposed not only on residents but on visi. tors traveling through the area. Equally important arc the effects on communities near stripping areas. The character of many may be adversely affected by the transient nature of coal strip mining. Tax burdens for those who rcinain in the area may rise while the level of, or access to, public services declines because people move away or routes of communication are disrupted. Finally, the high. wall itself presents a safety problem near built.up areas. Some of the external costs discussed above are incurred directly ly existing producers of products other than coal and by consumers. 45. Collier, op. cit. .su~ra note 6, at Bi, 33-18. However, W. G. Jones argues that presently used methods of backfilling after strip tnmiiig contril,ute to flood control, H. claims that the strip pits themselves act as terraces to prevent rapid runoff and that the backfill is more porous than natural soils and holds more water. Jones, Land Co~,eraj~. lion in Pennsylvania Open Pit Mines, Mining Congress J., Oct. 1963, P. 53. 46. The point that stripping consumes a small proportion of the total land surface was relevant when the community was worried about the destruction of agricultural land. It obviously has no relevance when the effects in question occur away from the site of mining. And it is almost equally irrelevant when many recreational uses of land are considered. PAGENO="0138" 128 The remainder are represented by local income lost because addi. tional productive opportunities are reduced by stripping ~ There is no question that income from fishing, tourism, and other recrea tional activities is reduced while stripping is in progress, and that such income may remain low for years after abandonment of the mine More questionable are the effects of strip mining on potential industrial development It is considered important by the Area Re. development Administration,48 and at least one power company has engaged in a reclamation program in the hope of increasing indus- trial development within its market area (4) Less widely recognized than the external costs of coal strip mining are certain external benefits That is, in some cases stripping confers benefits on individuals or on the community at large for which the coal company is not recompensed For example, it has been claimed that men employed in strip mines learn skills more widely used in other industries than are those learned in timbering or in underground ~0 Other effects are more tangible When stripping occurs over old underground mines, the process often col- lapses the roofs and seals openings so that the flow of acid mine watr from the deep mines is reduced or diminated ~ It has already been noted that some flood control benefits are claimed In other cases, strip mining can be an effective way of extinguishing fires in coal seams (5) It is now r'tther widely held thtt technologic problems asso. ciated with reclaiming strip mined land have been solved, and that toil ty's problems rilate to m'inaging land `md making it more pro. 47 It is not necessarily true that local income losses are net losses to the economy They may simply be transfers from one region to another However, given the de- pressed conditions in many strip mining areas, a case can be made for considering them as net losses 48 `1 he same approach is implicit in the Appalachia program The less optimistic side of the argument is carefully presented by Bowman & Haynes, o~ cit supra note 20, at 135 59 49 Program Drawn To Enhance Landscape, Electical World, Sept 17, 1962, p 94 No doubt this motive also underlies in part the TVA's recent interest in strip mine reclamation 50 (ii uham, o~ cit su~ra note 3, at 41 42 SI Jones su~ra note 45 at 54, states that strip mining in areas once mined by underground niethods has been the greatest single factor in controlling acid drainage in Pennsylvania; see also Jackson, supra note 28, at 89. 52 The Carbondaie Penn~)ivania program is the best kno~~n example of con trolling a fire by strip mining. However, this case does not qualify as an external. benefit because the purposeof fire control was fully recognized in the contract sgned betueen the cit) and the coal companies Towns Built O~cr a Furnace Business ~\Teek, May 4 1963, p 98 PAGENO="0139" 129 ductive." As a general statement, this is no doubt true. However, there are areas in which further technical research would probably significantly lower the cost of reclamation. Most of our reclamation. knowledge pertains to the relatively flat terrain stripped in Indiana, Illinois, western Kentucky, and elsewhere. Smaller but still large amounts of strip coal come from the contour mines in the hills of \Vest Virginia, Pennsylvania, eastern Kentucky, and eastern Ohio. These areas are also the home of the auger mine. But there is little research and still less experience to guide reclamation efforts in mountainous terrain,54 Additionally, only a small part of the research on reclamation has treated the method of mining as a variable. It has been shown that the tandem system-a method in which a dragline on the edge of the pit removes and segregates the soil and overburden while a shovel in the pit digs the coal-.-.produces better reclamation results but raises the direct cost of mining.55 However, there have been no sys. terna tic studies of the relationships existing between mining methods, reclamation results, and total costs. This probably results from thinking of mining and reclamation as separate stages of produe. tion. In contrast, German coal operators have for years incorporated reclamation practices directly into their miiiing incthods.~' The same approach is being followed at phosphate mines in Florida.8' In both cases substantial costs savings are claimed over procedures that divorce reclamation from mining. (6) Useful information on the cost of strip mine reclamation and control of acid drainage is not readily availabic. What has been published is often of little meaning because there is no indication of what is included in the cost figures. Such reported "costs of reclama. tion" may include anything from piles of spoil bulldozed against the 53. G. S. Bergoffen, A Digest: Strip-Mine Reclamation 22 (U.S. Forest Service 1962) R. F. May, Surface-Mine Reclamation: Continuing Researd, Challenge, Coal Age, March 1964, p. 98. 54. Bergoffen, op. cit. su~ra note 53, at iv, 12; Feiss, op. di. supra note 7, at 9, Ac. tually, much the same statement might be made about reclamation in semi-arid areas, which is not a problem today, though it mig' become one if lignite is ever mined in large amounts. See Doerr, supra note 38. 55. Bergoffen, op. cit. su~ra note 53, at 26; Limstrom, Forestation of Strip-Mined Land in the Central States 26 (Agricultural Handbook No. 166, Central States Forest Experiment Station 1960). 56. W. Knabe, Methods and Results of Strip-Mine Reclamation in Germany, 64 Ohio J. Science 75 (1964). 57. U. K. Custred, New Mining Methods Rehabilitate Florida's Strip Mines, Mining Erig~neering, April 1963, p. 50; Land Reclaimers Plan for `68, Chemical Week, Nov. 14, 1~i'4, p. 55. Of course, reclamation in level and semi-tropical Florida is simpler than in the Appalachian or Midwest coal fields. PAGENO="0140" 130 highwall to the development of fields and forests. Moreover, costs vary with the nature of the terrain, with local, employment condi- tions, and with the purpose for which the land is being reclaimed. Grading costs, perhaps the major variable, are reported to range from 134 cents per ton to 43 cents per ton (over $1000 per acre)." Nor is it always clear whether "per, acre" figures refer to acres actually stripped or acres affected in other w~ays. Finally, it is liii. possible to dissociate costs of mining from costs of reclamation in many reported instances. Despite the problems of generalizing about reclamation costs, it is nevertheless useful to have some idea of the magnitude of the costs involved. The most frequently cited cost figure is fifty dollars per acre. This amount is supposed to include a very little grading, some soil preparation, simple erosion control, and planting of tree seedlings; it presumes reasonably flat terrain. In rougher terrain the same figure may be used with the understanding that no grading or soil preparation is included but that greater precautions are taken to ensure correct drainage. Reclamation'for purposes other than re- forestation is generally more expensive. It is likely that the figure of fifty dollars per acre represents a minimum program serving to avoid the worst effects, rather than an average cost of reclamation. The other extreme is represented in the estimates prepared by a special committee appointed by the Secretary of Agriculture when it was proposed to open a wooded, mountainous area of a national forest to stripping. The committee estimated that the cost of "restoring" mined land to something like its original contour and original forest cover would hc $1800 to $3000 per acre, plus $80d to $1500 per acre for land that was disturbed hut not actually mined.59 The minimum figure can apparently he borne by the coal industry,, but the higher figurc~-.assuming the full costs arc to be paid by the coal coinpany..-would preclude mining. Between these extremes one can find cited almost any cost figure that he considers more repre. 5$. TVA, An Appraisal of Coal Strip Mining 9 (1963). Cost figures for strip mine reclamation are usually reported in terms of cents per ton or in terms of dollars per acre. One can he converted to the other by assuming that coal weighs 75 pounds per cubic foot, so that one acre of coal one foot thick (one acre-foot) contains 1600 short tons of coal. If a stlipping seam is 3. feet thick, a reclamation cost of $50 per acre is roughly equivalent to I cent per ton. Typically divergent views on costs in relatively fiat terrain can be found in L. Guernsey, The Reclamation of Strip Mined Lands in IVest- em Kentucky, J. Geography, Jan; 1960, p. 11, and in J. ilyslop, Some Present Day Redamation Problems: An industrialist': Pic'wpoint, 64 Ohio J. Science 157, 159-64 (1964). 59. S. T. Dana, The Stearns Case: An Analysis, American Forests, Sept. 1955, p. 44. PAGENO="0141" 131 sentative. My own impressions are that costs of $50 to $250 per acre are appropriate for reforestation and pollution control on rd. atively level land; and that costs in the mountains are unlikely to be less than several hundred dollars per acre, despite claims to the contrary.° (7) Although time has provided considerable experience, it does not appear that strip mine reclamation has been privately profit. able.6' In the majority of cases the net monetary return to a coal company would be greater if the company could avoid performing any reclamation activities at all. This does not mean that the returns (from harvesting timber, leasing, charging user fees, etc.) are in. sufficient to recoup the direct costs of maintaining and paying taxes on the land. But it does mean that the private returns are insufficient to recoup these costs plus the initial investment in reclamation if any reasonable interest rate is charged for the funds. In short, granting that for one reason or another coal companies have decided to re. claim land, they have made the best of the situation;62 but the costs and returns are not usually such that an outside investor would look at strip mine reclamation as an attractive venture. This is in contrast to the position of the reclamation associations and the large coal companies that reclamation is privately profit. able.63 No doubt in special sets of circumstances it is profitable. How. 60. This impression is corroborated by experiments carried out in Pennsylvania. See H. B. Montgomery, Conscientious Coal Stripping, Coal Age, July 1962, p. 87. Additional evidence is found in the fact that costs of establishing timber stands in ~alifornfe after burns or harvesting run close to $100 per acre. See J. R. McGuire, What Are All t'~e Costs of Stand Establishment?, in Economics of Reforestation 3 (Proceedings of the Annual Meeting of the Western Reforestation Coordinating Comm. 1963). The costs reported by the TVA are much lower, but there seems to be an inconsistency between the amount of coal produced and the acreage mined. TVA, op. cit. su/ira note SB, at 10. 61. As a generalization this conclusion isnot common. However, it is supported by many studies on particular projects: G. H. Deitschman & R. D. Land, flow Strip.Mined Lards Grow Trees Profitably, Coal Age, Dec. 1951, p. 95; P. N. Seastrom, United Electric Coal Companies Land.tise Program, Mining Congress J., Dec. 1963, p. 27; IL Kohnke, The Reclamation of Coal Mine Spoils, in Advances in Agronomy, vol. 2, at 341 (1950); Symposium of Strip-Mine Reclamation, 64 Ohio J. Science 98, 146 ~atsinz (1964). 62. Thus, recognizing that coal strip mining is a land use generally incompatible with farming, the companies have turned in most instances to commercial forestry or crirnmercial grazing. In England, where a very different land situation exists, reclarna. ti~n of open pit mines has been directed toward the production of cereals. See the series of three articles by W. M. Davies, Bringing Back the Acres, Agriculture, March, April, May 1963. 63. See Mined-Land Conservation Conference, o~. cit. supra note 33, at 3. In sup- port of the industry position, it is often pointed out that reclaimed strip land is worth rr~re, or is more productive, than adjacent non-stripped land. Such statements are evidence of successful physical reclamation but are irrelevant economically because PAGENO="0142" 132 ever, most statements about the "profits" are found on closer examination to include only a comparison of revenue and direct cost, not revenue and total cost In other cases hidden subsidies are irwolved, as when a company "loans" the use of its earthmoving equipment to the reclamation project or charges off costs for the replacement of soil as an expense of mining Rarely is reclamation recognized as an investment process on which discounted net returns should amount to at least a normal profit if reclamation is to be regarded as privately profitable In the few cases for which there are sufficient data to roughly compute and discount net returns, the results run to less than three per cent per year ~ (8) Although it is likely that the net private returns from strip mine reclamation are less than a firm could earn from other invest* ments, there is good evidence that over some range the net social returns are high Social returns include all the benefits from some action, no matter to whom they accrue, whether or not they can be marketed (as social costs include all the costs of some action, no matter who pays them or whether there is a market for them) To restate my conclusion, the direct returns from reclamation, which could be collected h) a public body rather than by a private one, pluc the t'rngible `md the int'mngihle returns iccruing to others will often considerabi) cxct.cd the costs of recl'im'ition Because these htter, non direct tttiriis-~l irgcly but not entirely represented by external costs avoided-are not collectible in the ordinary sense, strip mine reclam ttion can hi socially, but not privately profitable. F1owc~ tr, like pri~ ate invcstnl( mit, sot i il investment must be justified in incremental amounts It is not enough to know merely that invest. ment in strip mine reclam it ion is ~ ni thwhile in an overall sense The benefits and the costs of' rt~ l'im ~tR)fl v'iry from place to place `--`md not `mlw'mys in the sime direction Before mn~ esting, one should also know where and ~n ~li'mt imount investment will yield the greatest net return The problem prcscnted by comp'irison of the social benefits of reclamation ~ ith the social costs of reclamation is discussed in the next section considerable money ~as spent on the stripped parcel of land ~~hcreas none was spent on the other parcel. Therefore, the time stream of costs as well as of returns is ditlerent, and it is not immediateiy obvious that the stripped land is the more profitable. 64. But one much-quoted figure of $3.71 profit per year from reforestation implies a return of 6 or 6'/~% The figure ~sas apparently estimated by Professor L k Holmes and first published in Strip Mine In~estigation Comm n, Report to the 63rd General Assembly of Illinois 24 (1942). PAGENO="0143" 133 Iv THE APPLICATION OF ECONOMICS A. Benefi:~Cosf In alysis The main burden of this paper is that benefit~cost analysis offers the most useful framework for making decisions about strip mine reclamation. Benefit~cost analysis is essentially the same sort of decision~making process that is used in ordinary market calculations. However, it can be used in situations in which for one reason or an~ other private market calculations do not produce good results, e.g., external costs in strip or auger mining.. In either benefit~cost or private market calculations a comparison is made, in monetary mea~ sures, between (1) the gains to be realized if some action is taken, r and (2) the things that have to be given up in order to take that / action. The action is justified if the benefits exceed the costs or, more accurately, if the benefits exceed the costs by a greater amount than for any alternative action. The same benefit~cost principles apply whether operating strip mines are being regulated or abandoned pits are being reclaimed. However, it is simpler to illustrate the latter case. Consider a limited budget of, say $1000 available for recreational development at three pits. Pit A is near a city; pit B is on rolling farmland well out from the city; and pit C is in the mountains. Because of differences in the availability of construction equipment, in terrain, and in the types of development proposed (playgrounds in the city park, trails in the mountains, etc.), the costs of reclamation, assumed constant at each pit, vary among the pits as follows: Pit A-.--.$ 200/acre, Pit B-~-$ 100 / acre, Pit C.-..$300/ acre. Benefits do not remain constant but vary with the amount of land developed. Ignoring for the moment how gross benefits are deter~ mined, assume that for three successive acres in each case they are: PitA PitB P11C 1st acre $600 $250 $600 2nd acre 550 . . 150 400 3rdacre *. .300 : 100 200 PAGENO="0144" 134 I By subtracting the per acre reclamation cost for each of the three acres at each pit, the net benefits are: PitA PuB PitC 1st acre $400 $150 $300 2nd acre 350 50 100 3rd acre 100 0 .100 Costs are lowest for pit B. The "three-acre benefit-cost ratio" is highest for pit 4. Neither is a sufficient criterion for optimizing in- vestment. The greatest net social gain can be won by developing the first acre at pit 4, the second also at pit 4, the third at pit C, and so forth. Thus, some pits may receive extra reclamation funds while others are not reclaimed at all. Wh,at are the benefits, and what are the costs of strip mine re- clamation? As emphasized above, the main benefits of both regula- tion and post-mining reclamation are represented by external costs avoided. When corrosion of boats or silting of ponds and streams can be reduced, this is a benefit. In addition, there are benefits from making the land productive. Represented by profits from grazing or tree harvesting, and in recent years, from orchards, homesite con* struction, or recreation fees, these benefits have often been captured by private owners. Other productive uses are likely to lie within the public sector. Use of strip pits for sanitary dumps is among these.~' Also with the public sector are certain recreational uses and the production of fish and wildlife, particularly when they are treated as primary products of reclamation, rather than by.products.° It has even been suggested that strip pits themselves be used as tourist, attractions.61 The costs of strip mine reclamation appear in two stages. Some are incurred ~after mining is completed and are clearly associated 65. G. F. Deasy & P. R. Griess, Strip Pits and the Sanitary Landfill Process, Mineral Industries, Nov. 1960, p. 1. 66. The best example of the use of strip mined land for public recreation is Kickapoo State Park in Indiana, part of which was built on strip land. (Indeed, almost every brochure on strip mine reclamation carries a picture of people fishing at Kickapoo Park.) Charles v. Riley of Kent State University has conducted pioneering studies on the use of strip land for wildlife production. 67. P. R. Griess & G. F. Deasy, Economic Impact of a New Penns~'ltania Tourist Facility, 40 Land Econ. 213 (1964); K. L. Bowden & R. L. Meier, Should Ire Design New "Badlands"?, Landscape Architecture, July 1961, p. 226. Use of the unique charac- ter of pits is contemplated in Sweden where architects are making long range redevelop- ment plans forthe iron mines; id. at 228. Similar proposals have been made but never implemented for the Lake Superior iron district of the United States. PAGENO="0145" 135 with the reclamation program. When abandoned pits are being re- claimed, all costs are of this type. But operating pits also incur costs because of strip mine regulations and anticipated reclamation activ- ities. Such hidden but, nevertheless, additional costs must also be counted against the benefits of strip mine reclamation. By moving directly into illustrations of benefits and costs, an im- portant step has been omitted. It has been implicitly assumed that by evaluating social benefits and social costs in terms of dollars, the social value of proposed actions may be approximated. It is not pos. sible to justify this step here. It is sufficient to say that there is broad agreement that market prices or information on willingness-to-pay (which may consist of surrogate measures in the absence of mar- kets) are socially valid indications of the desires of the members of a community for certain quantities of goods and services.68 More. over, prices and willingness-to-pay data provide rational and opera. tional guidelines for investment decisions that will maximize society's gain from. the use of its resources. By the same token,, public inter. vention in the market is justified when something interferes with the maximization process. This implies that intervention is costless, which is of course not true; however, in the case of strip mining the costs arc probably not excessive when compared with the costs im- posed by unregulated market operation. As reflected in benefit-cost analysis, prices provide the toOls for making public decisions about strip and auger mining that cannot be provided by .such nonopera. tional slogans as "full reclamation." Ii. The Role of Public Policy The first requirement for the systematic use of benefit-cost analy. sis in pubflc policy toward strip mining is an explicit statement of the social optimum being sought. The appropriate criterion for a social optimum involving strip mining activities is that all costs associated with an optimum level of mining be minimized. This criterion wiil not be satisfied whenever strip mining imposes costs that are not in- cluded in the coal operator's calculations, nor will it be satisfied if 68. An extended discussion of the theory underlying benefit-cost analysis can be found in .J. V. Krutilla & 0. Eckstein, Multiple Purpose River Development 3~77 (John, Hopkins Press for Resources for the Future, Inc. 1958). A shorter treatment is presented by Allen V. Kneese, Water Pollution: `Economic Aspects and Research Needs 18*20 * (Resources for the Future, Inc. 1962). R. K. Davis offers a useful discussion of some `conceptual weeds," such as the notion that economic valuation implies commercializa- tion, which can readily be expanded from recreation planning to strip mine reclama. tiofl. Davis, Recreation Planning as an Economic Problem, 3 Natural Resources J. 239, .241-44 (1963). . 69-142 0 - 72 - 10 PAGENO="0146" 136 * cheaper solutions to some problems are feasible but are not open to individual operators These two conditions, external costs and economies of scale, to use the economist's terms, are the most irn* portant general rationales for public intervention ~ Given the criterion for a social optimum, what is the role of pub. lic policy when there are uncompensated externalities? Its main role is redistribution of costs in a manner ensuring that those who are responsible for external costs have an incentive to take them into account Only when costs can no longer be shifted to others in the economy will private costs correspond with social costs and the social optimum be realized For example, in many areas strip mine opera. tors have no incentive to prevent mine wastes from being picked up and carried off by streams Because the miner has free use of the water, a valuable resource, his costs are understated Simultaneously, a farmer downstream has lower profit from his land because acid and sediment are in the stream Hence, the farmer's costs are over~ stated. If the downstream losses are greater than the costs of con* trol at the strip mine, there is a net social loss and society is receiving less from the use of its resources than it could. But if costs are redistributed so that the mine operator must pay compensation to the farmer for damages, this net loss cannot occur ~° The operator will have an inccntive to control the release of sediment and acid to the point at which the `idded benefits from further control are no longer worth the added expense If damages remain, it will be cheaper (and socially appropriate) for him simply to compensate the farmer. Once again, net social returns are being maximized. Moreover, they are being maximized by the normal market process in which a private resource owner attempts to minimize his costs The only difference is that social costs are now made equal and are reflected in his private costs `~ There are several things about this process of cost redistribution that deserve further attention First, not all external effects are eliminated To do so would be as much a waste of society's resources 69. F. M. Bator, The Question of Government Spending 76-120 (Harper & Bros. 1960); see also Kne.ese, o~. cit. .cupra note 68, at 29-32. 70. In some states, notably Kentucky, there are legal qualifications to the respon- sibility of coal operators to pay for damages Kentucky .c Ravaged land supra note 43, at 8 9, H M Caudill Night Comes to the Cuinberlands 74 75, 305 09 (Atlantic Little, Brown 1963) These qualifications upheld by the courts deri~e from the contracts by v~hich coal companies obtained mineral rights to the land around the turn of the century This legal principle does not invalidate the economic principle stated in the text. 71 This process of `internalizing' external effects is discussed at greater length and with more aftention to the theoretical underpinnings by Kneese, o~ cit supra note 68 at 20 27 PAGENO="0147" 137 as controlling none of them. The social costs of moderate control measures plus some damages will usually be less than the social Costs of eliminating all external effects. Similarly, there will be Some abandoned pits for which the external costs avoided plus the poten~ tial net returns with reclamation will amount to less than the Cost of reclamation at that location, and such pits would not optimally be reclaimed. On the other hand, with cost redistribution the scale of mining activities, the "optimum level of mining," will also differ from what it would be with an unregulated market. There are some lands that can be strip mined profitably now because certain Costs need not be considered by miners. If the miners of these lands had to bear all the costs of strip mining, the operation would not be profitable and the land would probably remain in its natural state. Finally, social benefits and costs must be computed in net terms. In the example above the social cost of crops lost by pollution is the profit expected from those crops, not their gross value. Similarly, the social benefits of a reclamation program include the profit from the crops saved plus any profit that can be earned from the reclaimed land itself. Redistribution of costs is the major role that public policy can play in the strip mining problem, hut that is not the only role of public policy. It also has a role whenever regional or multipurpose approaches to reclamation can capture economies of scale and thus yield cheaper solutions than could be obtained with mine~by..rnine ap.. proaches. For instance, it has been shown that large multipurpose dams often achieve a significant reduction in damages from acid drainage through dilution of the acid,72 though it is an open ques. tion whether this method is preferable to mine-by.mine methods. Again, better reclamation results can often be achieved by coordi. nated work in larger parcels o~ land than may be controlled by one operator. The importance of such economies of scale is indicated by the success of coal operators' Conservation associations and local soil conservation districts in \Vest Virginia, where the strip mine law permits the miner to Contract with them to do his required reclama. tion.73 Regional or multipurpose projects introduce additional ques.. tions about sharing the costs of the program. For example, it is not ObVIOUS how the costs of a regional program for replanting strip 72. C. S. Clark, Mine Acid Formation and Mine Acid Pollution Control, Paper De~jyered to the Fifth Annual Symposium on Industrial Waste Control, Frostburg S'ae College, ~rostburg, Md., May 7, 1964 (to be published in the Proceedings of the S~rr4~osium). 73. E. Leadbetter, There Oughta Be a Law, Soil Conservation, Sept. 1957, p. 36. PAGENO="0148" 138 land in a depressed area should be distributed among mining firms, direct beneficiaries, and the general public. Finally, the time dimension of strip mine reclamation deserves mention. Many of the damages from strip mining are temporary. An important aspect of benefit.cost analysis is to determine when the costs imposed by temporary losses or temporary ugliness are greater than benefits that may become negligible in a fairly short time. If a strip mine will reforest itself in five or ten years, it would no longer be correct to assign benefits to the reclamation program after that time. Should reclamation be left to nature in such a case? In some cases this might be appropriate action, but if this were the only area near a city for fishing or hiking, then even a temporary loss might impose large costs. Acid mine drainage presents a particular problem in this regard because its effects are so persistent. It has been reported that a stream may require thirty months for restora. tion after concentrated acid has flowed for barely one hour.'4 That is, the damages are much less reversible than are damages from other pollutants. Consequently, the importance of keeping acid out of streams or of maintaining adequate dilution flows at all seasons of the year becomes critical. The reclamation program can also be designed to serve varying purposes during the passage of time. It has been persuasively argued, for example, that too much emphasis has been placed on reclaiming land in ways that lead directly to marketable products. A socially preferable procedure may be to make the initial goal one of obtain. ing cover on the bare soil and eliminating the ugliest aspects of the scar. Later phases of the program may then be devoted to commer cial forestry or other profitable pursuits.'5 In any event, the se. quence of reclamation activities is another variant in the search for the optimal reclamation program. C. Evaluation Thus far statements about benefits and costs have been made as though it were possible to evaluate them simply and accurately. This is, of course, far from the truth. They can be exceedingly difficult to evaluate. However, there are many benefits and costs whose market prices can be directly incorporated into the analysis. Value of timber 74. G. D. Beal, Common Fallacies About Acid Mine Water 4 (Sanitary Water Bd., Pa. Dep't of Health 1953) (mimeo.). 75. Bergoffen, o~. cii. supra note 53, at 21-22; F. W. Collins, Triple-Phase Strip~ Mine Reclamation (Div. of Strip Mine Reclamation, Ky. Dep't of Conservation) (un- dated). PAGENO="0149" 139 produced, cost of seedlings, and fees collected are a few of those regularly used in evaluating government projects. There are other benefits and costs that can be evaluated indirectly, though no market exists for the particular benefit or cost in question.'8 In these cases values can be imputed by substituting market prices that do exist. For example, in a Public Health Service study, the amount of money spent each year because of mine acid-induced corrosion of boats and marine structures, caking of boilers, and added treatment by indus- tries downstream was calculated. The annual value imputed to acid drainage control was then the amount of these costs that would be avoided each year.'7 Flood damages, erosion damages, and other. costs imposed by strip mining could be evaluated in the same way. Moreover, there are still other costs and benefits, once thought to be unmeasurable, that are proving at least partly tractable to analy. sis. Recreation is the most important of these.'8 It would seem en. tirely feasible today to use one of these techniques and the informa- tion available on the costs of different types of recreational sites to make a benefit-cost calculation of the net benefits of reclaiming strip land for recreational use. There will remain,, however, benefits and costs that are presently unmeasurable, and whose absolute values may be in principle Un. measurable. But this does not mean that these effects must be com- pletely excluded from benefit-cost analysis. Kneese has suggested that the best way of handling "socially valid goals for which for one or another reason there arc no values commensurable with the values pertaining to other elements of the system" is to treat them as ex- plicit requirements in any proposed program.'9 Referring to water pollution control programs, he st~tcs: This can be done by initially treating these goals, expressed in physical terms, as limits or constraints upon the cost minimization objective Conceivably this would require a very diffcrcnt combination of units with different operating procedures than a system designed without the constraints. Presuming the constraints are effective, i.e., not automatically met if costs are minimized, they would result in a 76. A. V. Kneese, Socio-Economic Aspects of Wafer Quality Management, 36 J. ~Vater Pollution Control Federation 257 (1964). 77. U.S. Public Health Service, Acid Mjne Drainage Studies, in Ohio River Pollu- t!~n Control 973-1023 (Supplement C to Part II, 1944). 78. J. L. Knetsch, Outdoor Recreation Demand: and Benefits, 39 Land Econ. 357 11~3); Davis, supra note 68. 79. `Kneese, Socio-E~onomic Aspect: of Water Quality Management, supra note 76, at 25$. PAGENO="0150" 140 higher cost system than could otherwise have been achieved The extra cost represents the limitation which the constraint places upon the objective 80 For example, it might be decided that for aesthetic reasons stripped land will remain denuded for no longer than one year To accom~ plish this it may be necessary to save and replace topsoil, to do more soil preparation, or to avoid mining in certain sites All of these procedures would increase the cost of the mining.reclamation process This method of making social goals explicit has the further ad. vantage that it permits us to calculate their minimum value It has been stated by Kneese One useful way of stating the results of variation of constrain~ which represent goals not valued directly by, or imputable from, the market is in terms of what they must `at least be worth' [By] comparing the optimum system with and without the constraint, it is possible to indicate what the least value is that must be attached to the increment of pleasure in order to make that level of control procedures worth while 81 In short, we -ire in fact putting a monetary valuation on aesthetic or soci'il goals ~s hcther or not we like to think of it that way Actually this point is quite gcneral and worth emphasizing Any restriction or regulation that is placed on the processes of strip and auger mining (or anything else) implies an evaluation Each has an economic cost that can be rn-ide explicit, and one must be able to argue that the social benefits to be giined by imposition of the re. quirernent are worth at least this much D Methods and Techniques In the t~ o preceding scctions some principles of benefit cost analy. sis and its application to strip and auger mining have been discussed in general terms The final step in this prelimin'iry assessment of the role of economics is to offer suggestions `ibout how one might actu. ally b ice kcisions on benefits -md costs At this point it becomes cons enient to sep-ir-ite the problLrn of regulating existing strip mines from that of reclaiming ab-indoned ones 80 Kneese, Water Pollution Economic Aspects and Research Needs, op cit su~ra note 68, at 32 33, 42-44 81 Id at 34-3S PAGENO="0151" 141 What methods are available for making benefit~cost calculations for reclamation of abandoned strip pits? The most promising ap. proach is the method now coming into use for determining the social `. alue of soil conser~ ation projects 82 These techniques require careful estimation of expected returns over time and clear recogni. tion of the principle that reclamation must be justified on invest. ment criteria The data needed, but not presently available, to make these anal) ses include e~pected returns from different types and dif- ferent sequences of reclamation activities on strip mined land of ~arying qualities and different locations (Changes in land values may be a clue here ) Additionally, it would be essential to systemati- cally collect data on the external costs of strip mining and to estimate the present value of future damages avoided Some in- formation of this type may come out of the cooperative study on acid drainage in several river basins in the northern coal fields of \Vest Virginia recently begun by the United States Public Health Service and the \Vest Virginia Bureau of Mines In the same project ~ arious methods of coping with acid drainage will be compared, careful cost accounts being kept for each The same approach could be fruitfully applied to an area in which the whole set of problems associated with strip mining is at issue With such data in hand it would be possible to adapt the tech- niques applied in soil conservation projects (which already include both direct returns and external costs avoided as benefits) to strip mine reclamation proposals The problem is essentially no different Moreoser, the method is flexible It would be possible to use a lower rate of interest for funds loaned in a dcpressed area, in areas where aesthetic valeus are high, limits on the depth or location of strip min- ing could be imposed as constraints on cost minimization When one turns to the more difficult problem of regulating exist- ing mines, he finds that none of the seven state laws presently in force are adequate to handle the range of problems presented by strip and auger mining 83 Most laws do not recognize that condi. 82 A J Coutu \V W McPherson & L R Martin Methods for an Economic Evaluation of Soil Conservation Practices (Tech Bull No 137 N C Agricultural Lx periment Station 1959) R N S Harris G S Tolley & A J Coutu Cropland Rever sion in the South 61 69 (Agricultural Economics information Series No 100, N C State College 1963) See also certain of the papers in Economics of Reforestation, o~ cit supra note 60. 83 Detailed comment on these laws is given by Meiners, Strip Mining Legislation, 3 \atural Resources J 442 (1964) and a summary of their provisions is given by Ber giffen op cit supra note 53 at 26 42 The laws of individual states are generally re viev~ed in detail in law journals shortly after passage or amendment. PAGENO="0152" 142 tions vary, hence that external costs vary, within the state. Nor do these laws recognize that both reclamation costs and potential bene. fits vary with location and terrain conditions. The differences be. tween area stripping and contour stripping are usually ignored. Regulations are applied across-the-board. For example, almost ail of the laws impose a single standard for the grading of stripped land and spoil piles. Actually, the appropriate kind and degree of grading depends upon the terrain, adjacent land use, and proposed use of the reclaimed land. Professors Deasy and .Griess have specifi. cally urged laws designed to foster selective and local modification of the terrain, without major remodel- ing of the entire surface, [thereby permitting) development, at. rea- sonable cost, of the widest variety, frequently aesthetically most pleasing, and on the whole economically most profitable types of highly specialized land usage-recreation, education, water conserva- tion and waste disposal.84 On the other hand, a useful feature of some laws is their provision for substitution of land. Rather than reclaim land now being mined, an operator may elect to reclaim an equal number of acres of land not previously reclaimed. Although open to possible abuse, sub. stitution does permit the reclamation effort to be concentrated on land that will return greater net benefits. It is not difficult to think of other techniques for concentrating the effort, possibly making it more efficient physically as well as economically.U There is no need to belabor the point. The few instances cited in. dicate that much could be done to make existing strip mine legisla. tion and its enforcement a more effective tool for reducing social costs by requiring certain practices of strip miners and by creating conditions under which socially more profitable reclamation proce. dures can be followed. Perhaps there has been altogether too much reliance on control of strip and auger mining by legislative regulations. For existing 84. Deasy & Griess, Coal Strip Mine Reclamation, su~ra note 39, at 1. On the other hand, Meiners, su~ra note 83, at 449 ~assim, attacks the laws for bring 100 flexble. He seems to view every permissible relaxation of regulation as an unwarranted gift to the strip miner. But in economic terms rigid restrictions, rigidly enforced, may have no more, to offer than administrative simplicity. However, Meiners is certainly correct when he argues that whatever the flexibility permitted by law, it is poor practice to allow the mining company alone to determine the degree to which the law will be applied, as is done in some states.' 85. The West Virginia practice of allowing soil conservation districts to contract with coal operators to perform required reclamation is 9fle such technique. PAGENO="0153" 143 operations other techniques may be applicable. In the field of water quality management, techniques such as zoning, effluent standards, and effluent charges have been successfully used to redistribute ex~ ternal costs.8° Effluent standards are implied by Pennsylvania's "Ex. perimental Rules and Regulations for the Operation and Mainten. ance of Strip Mines."87 The rules provide that acid in drainage shall be reduced as close to zero as possible in the outflow and that the iron content shall not be so high that it precipitates as "yellow boy" on the stream bottom. The rules also suggest that hillsides be zoned so that certain areas, notably water courses, be left unstripped. Sim. ilarly, the Stearns case decision, in which a specially convened board refused to permit stripping in Cumberland National Forest, was a zoning decision.88 The Stearns decision was based not on the fact that the land was public land, but upon the hilly and forested charac. ter of that land. It was pointed out that the social costs of stripping would be much greater than the net value of the coal produced. And there was no reason to think that the coal under this land was of any greater value than coal that could be mined without such large social costs. Thus, this decision is not in conflict with other decisions permitting stripping in other national forests where conditions differ. Although rather broadbrush zoning to prevent stripping has been held unconstitutional,89 there is no reason to think that zoning based on an evaluation of social costs would he so held. The bonding system, common to all seven state laws, shows great promise as a device to redistribute costs to bring private and social costs in line. These bonds are required of strip miners before they begin operations and are released upon the completion of specified reclamation activities. Unfortunately, there is )ttle evidence that the bonding system is being used as a device to direct reclamation along the socially most efficient path. Rather it is viewed only as a 86.A. V. Kneese, Water Quality Management by Regional Authorities in the Rube Area, with Special Emphasis on the Role of Cost Assessment, in Proceedings of the 1962 Meeting of the Regional Science Association (in press). See also other papers by Kneese for elaboration on the use of these techniques. 87. Sanitary Water Bd., Pa. Dep't of Health, Experimental Rules and Regulation. for the Operation and Maintenance of Strip Mines to Prevent Pollution of \Vaters of the (`om,,~onwealth (1952) (mimeo.). The ORSANCO acid drainage control program is similar; see Raleigh, Acid-Drainage Curbs Are If ire, Coal Age, April 1960, p. 50. 88. Dana, jupra note 59. There was an additional legal question in this case In. volving mineral rights reserved when the land was taken into the national forest. How- ever, the board was instructed not to consider this question but only to evaluate the long term public interest. 59, G. D. Sullivan, Presentation before the Mineral and Natural Resources Law Section, American Bar Association, Chicago, Aug. 12, 1963, pp. 11-12 (mimeo.), PAGENO="0154" 144 club over the heads of the operators, and with lax administration it need not be a very heavy club First, the amount of the bond is usu. ally fixed by law It is not varied with the character of the land, the proposed method of mining, the nature of the reclamation problem, or the past performance of the coal operator Second, there is no attempt to use the bonds as a device to gather blocks of land into planned reclamation areas One strip pit could be reclaimed for forest, the adjacent pit for meadow Third, in many cases the bonds are set so low that it is cheaper to forfeit than to perform any reclamation. Finally, the bOnd is usually returned on the basis of certain activities, not on the basis of certain accomplishments The fact of seeding, not of growth, is sufficient to have th~ bond released In short, there is little economic rationale for the amount of the bonds or for their terms as they are used today If, instead, the bonds were set according to some benefit cost guidelines taking into account the nature and beauty of the terrain, proximity to urban areas, the time required for natural revegetation, and alternative uses of the land, among other things, the net benefits to.society from the whole strip mining process would be significantly increased All of the methods suggested to achieve a socrilly preferable at. location of resources would require more complex administrative procedures than do the current across the board rules Public inter. vention is never costless The justification for the idded administra- tive costs lies in the socril gains that can justifiably be expected from the application of economic concepts to the problems created by strip and auger mining Finally, there is every rrtson to think that the strip mining industry could accommodate itself to a new regime It is a remarkably resilient industry that has t'tkcn miny other prob. lems in its stride Wtih further research it m'iy appear that the socially optimal position is not so privately expensive after all CONCLUSION This is an opportune time to rcvie~ the problems -issocrited with strip and auger mining for co'tl Public concern is high, and this con- cern derives increasingly from the desires of numerous individuals and groups residing in urban areas, rather than from those few whose interests are directly affected The legisl'itures of a number of states have considered new or amended strip mine lav~s in the past year or two Such legislative proposals invariably generate PAGENO="0155" 145 even broader public interest. The chairman of the mineral law sec- tion of the Pennsylvania Bar Association noted that the 1963 amend- rnents to the strip mine laws of that state were "the single, most controversial piece of legislation of the past decade."9° With passage of the Appalachian Region Development Act of 1965,91 strip mining has become for the first time an explicit concern of the federal government. This federal concern is potentially the most important development for solution of the problems of strip and auger mining. The act authorizes the spending of funds to cope with the effects of both surface and deep mining. Indeed, President Johnson, upon the insistence of Governor Scranton, agreed to sub- stantially more funds than had originally been proposed.92 Addition- ally, Senator Lausche's perennial bill to authorize a federal study of strip mining, which in other years had aroused vehement opposition and had never passed out of committee, was incorporated almost completely in the act as one of the few sections made applicable to the entire country rather than solely to Appalachia.93 The impor- tance of this new federal involvement in relating the problems of local and Appalachia is reflected in the strong positions taken out- side of government. At one end are those who see an expanding coal industry, largely by means of strip and auger mining, as the key to Appalachian redevelopment. At the other end are those, like Harry Caudill, who claim that the social costs of strip mining in the moun- tains are so high that it should be completely prohibited.94 With interest focused on strip mining from a number of sources, there is danger, that the desire for action will foster uneconomic or 90. D. B. Dixon, Report of 1/ic Mineral Law Section, 34 Pa. Bar Ass'n Q. 456,457 (1963). 91. 79 Stat. 5 (1965) [Pub. L. No. 89-4, 89th Cong., 1st Sess. (March 9, 1965)]. 92. Washington Post, April 23, 1964, p. A.6, col. 1, and April 29, 1964, p. A.11, col. 1. 93. Pub. L. No. 89-4, § 205 (c), U.S. Code Cong. & Ad. News, March 20, 1965, pp. 100-01. Struck by the inconsistency of proceeding simultaneously with reclamation and with a study of how best to go about it, Senator Lausche succeeded in having the Appalach- ian Bill amended to provide that no federal funds be spent to restore privately owned strip land, pending completion of the study. Immediate reclamation of public land is ç~ermitted. Pub. L. No. 89-4, § 205(d), id. at 102. (This amendment to the bill was one of two passed on the floor of Congress. Washington Post, Feb 2, 1965, p. A-4, col. 2.) Some work on the application of benefit-cost analysis had already been started in t~e Department of the Interior. Interview With E. H. Montgomery, Resources Program Staff, Dep't of the Interior, June 3, 1964. 94. H. M. Caudill, Appalachia: Path From Disaster, The Nation, March 9, 1964, p. 240. The special supplement to The Courier-Journal stated that such a prohibition ~cou1d be ideal, but that it was unattainable. Kentucky's Ravaged Land, Louisville Co~rier.Journal, Jan. 5, 1964, p. 13 (special supplement). See also Knabe, su~ra note 5~, at 141-42. PAGENO="0156" 146 j~~~fl5i5tCflt programs. The problem is basically one of allocation of resources. An unregulated market will not produce a socially op. timal allocation because of technical externalities. The purpose of this paper has been to indicate that a rational public approach to this problem, based on benefit~cost analysis, is within the capabilities of our analytic methods. Three different but interrelated goals have been implied, goals that may complement or oppose the others.~ The first goal is national productivity, maximization of the net value of output from the resources that society puts into production. This goal is presumably approached by firms operating through the market system in response to free consumer choice. However, it is also this goal that requires government intervention to minimize the total of all costs associated with an optimum level of strip and auger mining whenever (1) costs associated with mining need not be con* sidered by miners, or (2) a regional or multipurpose reclamation program would be more efficient than a mine.by.mine approach. The second goal includes cultural and aesthetic values that cannot, for one reason or another, be put directly into the cost minimizing calculation. They are represented by constraints on the ssytem fore. ing it away from the minimum cost point. The implication is that added benefits received are greater than added costs incurred. The importance of this quality of the environment goal is increasing. A substantial propurtion of the public seems to be opting for beauty, or at least for the absence of ugliness. The third goal for programs of strip mine reclamation is re. distribution of income to individuals in stripped areas whenever these areas fall within the scope of the poverty program. For our purposes, this goal can be narrowed to local employment. If local employment in certain areas is accepted as a benefit, it follows that the "cost" of certain reclamation projects will be reduced to the extent that men who would otherwise be unemployed will secure jobs. On the other hand, if action directed to other goals reduces the amount of mining in some areas, an important conflict that must be resolved develops among the goals. Again, this goal of redistribu. tion of income is real because the public seems to be opting for the elevation of poverty stricken areas. The three goals of national producth'ity, quality of the cnviron~ ment, and local employment together represent a rationale for pub. ~ 95. Bowman and Haynés outline poUcy criteria for eastern Kentucky in terms of a set of goals, and I have drawn upon their formulation. Bowman & Ilaynes, Resources and People in East Kentucky 259-66 (Johns hopkins Press for Resources for the Future, Inc. 1963). PAGENO="0157" 147 lie policy on strip and auger mining. By the use of benefit.cost anal. ysis conducted under constraints, an explicit and flexible framework becomes available for considering both regulation of existing sur. face mines and reclamation of the "orphan pits" abandoned in earlier years. Unfortunately, we are still a long way from having the data necessary to make such analyses. If the primary purpose of this paper is to emphasize the applicability of economic analysis to strip and auger mining, its secondary purpose is to indicate the lack of appropriate data and to stimulate the collection of it. PAGENO="0158" 148 [From Natural Resources Journal, Jan. 1971] A MEASUREMENT OF THE EXTERNAL D1SECONOM1ES ASSOCIATED WITH BITUMINOUS COAL SURFACE MINING, EASTERN KENTUCKY, J962~I967 HERBERT A HOWARDf `1~' The purpose of this article is to suggest dfl dpr T - both the assumed external diseconomies arising tro~ and the internal expenses incurred by firms to reduc.~ costs "These internal expenses are associated with recl~mA~: face-mined land The term "external diseconomies" or soc-a ~ used herein refers to all of those damages and harmful e~.. tamed by othtrs as a result of productive processcs and for i the private lirnis are not hLld aLcountable in addition, such costs must be avoidable and shifted to other persons or society in genera! The various types of external diseconom.ies arising from each of the several sources within the nitning site are calculated separately charges to be incurred in future years are discounted to the year in which surface mimng takes place When further reclamation is pLr formed, the average internal expenses and the average external costs are computed and compared For the purpose of exploring this approach, an examination is made herein of the internal expenses and assumed external dis economies associated with the eastern Kentucky bituminous coil surface mining industry during the 1962-1967 period The changes over this six-year period in the Kentucky law and regulations con cermng the reclaiming of land disturbed by such surface mining' caused significant reductions in external costs imposed upon socicty in the form of damages from acid run-off water, silt and sediment material, landslides, losses by owners of the land surface only, and loss of aesthetic values The more notable alterations in the reclarna tion provisions and their enforcement occurred in 1964 and 1966 These reuslons changed the magnitude of each external cost sourcc and ~ts duration In addition, the changes in reclamation requirc ments and enforcement procedures increased the mining firms' in ternal mining expenses ~The author is Assistant Professor of Economics Auburn University He acknowied~,cs the assistance of Professor C L Christenson Indiana University in the research which is ih~ basis for this article. Acknowledgment is also made of the research fellowship provided by the U.S. Department of the Interior. In addition, valuable suggestions were made by the referee. 1. Uniess~ otherwise. indicated, the term "surface mining" as used herein refers to eastern Kentucky bituminous coal surface mining (auger plus strip) PAGENO="0159" 149 ternal cost decreases and internal mining expense increases for j%2-1967 period are computed and compared both on a per- ~h~d acre and a per-ton-mined basis. This period is chosen in c:f to determined such annual costs before and after the 1964 as ~j as the 1966 revisions in reclamation procedures and enforce- i~t. The specific external costs examined are:2 Damages from acid run-off water Damages from silt and sediment materials Loss of aesthetic values Losses incurred by owners of the land surface only Losses caused by landslides t~e calculated internal costs of the mining firms to perform the land r~-cLi:nation include: Direct reclamation costs (land regrading and revegetation). State surface-mining permit and acreage fees. Performance bond fees. Oilier administrative costs. I l~ approach utilized herein may be useful in analyzing the costs ~d benefits associated with surface mining other than bituminous ~UiI. I THE METHOD OF MEASUREMENT ~I `I~'p~s and Sources of External Costs `Ihe basic objectives of the Kentucky reclamation requirements 1, Reduction of external diseconomies caused by acid-run-off witer. Sulfuritic minerals in the material in and around the coal seam are e,~posed during the mining process. These substances are carried from ~he mining site by storm run-off water. The pollution of streams and 1 It s recogniLed that other external costs exist such as the damage to society by dust oi~uig from the mining operations and from coal truck traffic, and damages to public roads ~n1 ridges by coal trucks above their share of road taxes. However, these external costs are 1 within the purview of the state law. In addition, the creation of some comparatively L~d md in the mountaineous terrain of eastern Kentucky may be considered as an off- ~ ttomg benefit arising from surface mining. These other possible damages and benefits are mit ntem~ured herein. In addition, the lower industrial accident rate may be cited as a benefit ml ~uciaee compared to underground mining; however, the difference would not correctly be as a benefit in this analysis. These differential accident rates would appropriately ic ~on~idered in an examination of the comparative costs and benefits of all sources of (oil coal, oil, gas, nuclear, hydro, and solar. PAGENO="0160" 150 rivers by these minerals corrodes bridge supports, increases the cost of processing water for both domestic and industrial use, kills fish and decreases the aesthetic values of streams and lakes. Acid water originates in three different areas of a contour mining site in eastern Kentucky. These areas are labeled "A" "B" and "C" in Figure 1. FIGURE 1 Sources of Acid Water and Silt Pollution Where the Contour Method of Bituminous Coal Surface Mining is Utilized I B I C Coal Seam Area "A" includes coal face, auger holes, and breakthrough of underground mines. Area "B" includes the mining bench and that portion of the spoil bank (removed overburden) draining toward the bench. Area "C" includes the downslope portion of the removed overburden. 2. Reduction of external diseconomies caused by sediment ma~ terial flowing from the mining site. Silt material is carried from the mining site by run-off water into surrounding streams and bodies of water. This sediment reduces the water~carrying ability of streams and the storage capacity of lakes and reservoirs.3 The basic sources of this silt material are areas "13" and "C" in Figure 1. 3. Reduction of other external diseconomies. Surface mining removes the vegetative cover of the land and causes A Hillside I 3. At the same time, it is recognized that a reduction of the water run-off rate in some tributaries may be beneficial. PAGENO="0161" 151 some loss of aesthetic values. Owners of the land surface only may receive from the mining firms a relatively reduced amount of com- pensation because of the provisions of the broad form land deed.4 The mining process may entail additional external charges such as damages from landslides. B. Acres Disturbed by Surface Mining In the years prior to 1966, the land measurements submitted in surface mining permit applications were not computed according to any common standard. Such measurements were probably more accurate from 1964 than in earlier years, since commencing in this year the mining areas were surveyed by professional engineers. How- ever, in 1966 and 1967 the acreage was determined by a standard formula promulgated by the Kentucky Reclamation Division (Ken- tucky Department of Natural Resources). Comments by personnel of the Division in 1968 indicate that the actual acreage disturbed by surface mining was grossly understated in permits issued in earlier years. Therefore, the acres~. disturbed in 1966 are used herein as a standard for the calculation of such acreage in other years. Table 1 shows the acres considered disturbed during 1962-1967 and also an example of the method of acreage calculation utilizing the 1966 permitted acreage as a standard. C. Discounting of Specific External Costs The procedure for measuring some external costs involves the deduction of the share originating in eastern Kentucky surface min- ing sites from the total of such costs which arose from all bituminous coal mining in the Appalachian region. The total cost figures utilized are those estimated by the U.S. Public Health Service (references are shown in Table 2). Other costs are those contained within eastern Kentucky, such as those imposed upon land surface owners only. All costs are assigned on a per-disturbed-acre basis, and some costs are further allotted to each part of the mining site, such as acid run-off water from only the downslope of the removed overburden. Costs from all sources are summed and computed for the year of mining and future periods. Costs incurred in future years are discounted to the year of mining. The suggested measurements include: the external costs originating from a period's surface mining opera- tions-this period's charges plus those of future periods; 4. This type of land deed, used extensively in eastern Kentucky, separates the surfacc and the mineral rights. Several aspects of this land deed are further discussed below. 69-142 0 - 72 - 11 PAGENO="0162" 152 TABLE 1 Data Utilized in the Determination of Actual Acres of Land Disturbed by Bituminous Coal Surface Mining in Eastern Kentucky, 1962-1967 (1) (2) (3) (4) (5) (6) (7) (8) Average Average Scam S~am Average Thick- Thick- Scam ness ness Thick- Tons Total Total Tons Per Year' Stripped2 (ft) Augered3 (ft) ness4 (ft) Per Acre5 Surface Production' Acres Disturbed' Acre Disturbed 1962 3.5 4.1 3.8 6,840 6,390,836 3,364 1,900 1963 3.7 4.2 3.95 7,110 6,993,194 3,541 1,975 1964 4.0 4.2 4.1 7,380 7,626,482 3,720 2,050 1965 4.3 4.3 4.3 7,740 9,587,626 4,459 2,150 1966 4.4 4.4 4.4 7,920 9,711,238 4,414 2,200 1967 4.5 4.4 4.45 8,010 11,352,004 5,102 2,225 NOTES: `Calendar years. 2 and ~ seam thickness for 1965 is from U.S. Bureau of Mines Information Circular 8345, W. H. Young, Thickness of Bituminous Coal and Lignite Seams Mined in 1965, (August, 1967); seam thicknesses for 1962 through 1964 determined by interpolation (utilizing data for 1960 and 1965); seam thicknesses for 1966 and 1967 determined by extrapolation and estimates by mining engineer, Kentucky Department of Mines and Minerals. ~ thickness determined by an average of the strip and auger thicknesses, since approximately one-half of eastern Kentucky surface tonnage is produced by each method of mining. `on the basis of 1,800 tons per acre foot of coal and 100 percent recovery. ` from Annual Reports of Kentucky Department of Mines and Minerals for the period covered. Actual acres disturbed including coal-haul roads according to the slaridssrd usod in 1 `usfs by t1~' K onl s, k y it s~ issnissi is us I )ivir,issss. iIss~ as sc~s ssr.wly pri n*i I lcd is, I `)M, pIss~ the a~tc~ iet,ewc~d in 19c,t, ffl~nUS the acres renewed in 1967 equal 4,414 acres, the number considered disturbed in 1966. The total production for 1966, divided by 4,414 acres equals 2,200 tons produced for each acre disturbed. The tonnage from an acre of coal in 1966 equals 7,920 and divided by 2,200 equals 3.6 acres disturbed for each acre of coal. Using this standard of 3.6 acres, the total acres disturbed for any other year may be determined. For example, in 1963: total production of 6,993,194 tons divided by 7,110 tons equals 983.57 acres of coal; the acres of coal multiplied by the standard of 3.6 equals 3,541 acres disturbed. changes in these external costs caused by natural forces and by land reclamation requirements. The specific costs for the 19624 967 period, symbolically, are: The amount of external costs from surface mining operations in time period t caused by acid run-off water, A~ = from the coal face, auger holes, and breakthroughs of under~ ground mines. A~ from the mining and fill bench. A~ = from the downslope of the removed overburden (spoil bank). At = A~ + A'~ + A~ PAGENO="0163" 153 The amount of external costs from surface mining operations in time period t caused by silt material, ST from the mining and fill bench. S~ from the downslope of the removed overburden (spoil bank). S~=sT+s~ B~ = The amount of external costs from surface mining oper'ations in time period t caused by the loss of aesthetic values at the mining sites by the general public. = The amount of external costs from surface mining operations in time period t imposed upon owners of the land surface T:~ amount of external costs from surface mining operations in time period t caused by landslides. These costs are in addi- tion to any additional acid water and silt damage~ caused by landslides. Ihe total external costs from surface mining operations in time 1)eriOd t, (l)E~ =A~+S~ +B~ +Q~ +L~ i~ a product of the number of acres disturbed and the charge per acre. For example: The number of acres disturbed in period t. C~ = The dollar amount of external cost per disturbed acre from surface mining operations in time period t, caused by acid run-off water from the coal face, auger holes, and break- throughs of underground mines. (2)A~N~C~ liven if no changes in the land reclama'tion requirements take place, it must be recognized that nature causes some of the external costs to change over time. For example, the acids in the overburden leach out over time, fallen material from above the coal seam may grad- ually cover the face of the coal seam, and vegetation spreads to disturbed land from the surrounding area. Thus, the physical amount ol acid pollution, for instance, may decrease over several years. Iherefore, C~ must also reflect any changes in costs resulting from natural causes. (3)C~C?(a0t+ait+. . .a~) = C? i~O ~ (n number of the year in which a~ 0) = Total external costs per disturbed acre for acres disturbed in PAGENO="0164" 154 period t and including costs arising in future years (but not discounted). The value of the coefficient "a" is assigned for each time period. For example, the total costs from this source for the mining which took place in 1963 is computed by assigning the following values to the coefficients.5 a0 = 1.0 a2 = .4 a4 = .2 a6 = 0.0 a1=.6 a3=.3 a5=.1 (4) C963 $4.59(1.+.6+.4+.3+.2+.1 +0) = $11.934 And where N1 96 3 = 3,541 acres, (5) A~96 ~ $42~258.29 (not discounted). The purpose of reclamation requirements is to reduce the amount of the external diseconornies; therefore, these restraints have the objective of reducing the values of the coefficients. For example, more complete coverage of the coal, face and auger holes would reduce the value of "a" for each time period. In addition, the time span may be shortened and cause at to become zero at an earlier period. Future costs associated with any period's coal production should be discounted to the base period. But what rate of discount should be used? If the mining firm is forced by law to incur all external costs, it could either pay these costs as they occur each year or establish a sinking fund. In the former case the future costs should correctly be discounted at a rate appropriate for a mining firm. The U.S. Department of Interior recommends a rate of twelve percent to represent mineral industry expectations for normal risk under* takings.6 The use of this rate would assume that the firm earns twelve percent' on its funds and pays the external costs in each future period. The second possibility would assume that the firm establishes in the period of mining a sinking fund of a sufficient amount to cover all future costs. If such a fund is invested in Government bonds, for example, the appropriate discount rate should be utilized. 5. The values of the coefficients and the time spans were determined in consultation wi~ personnel of the Kentucky Reclamation Division, Kentucky Reclamation Association, Water Resource Center, Indiana University, and others. 6. U.S. Bureau of Mines, Div. of Economic Analysis, Economic Advice No. 15, Economic Valuation of Mineral Resoutces (1968). PAGENO="0165" 155 ~ alternative to these two methods of calculating the present ~~:e of future costs is to assume that each other firm or segment of society incurring these external charges has its own discount rate. The present value of future charges would then be calculated using a multitude of discount rates. Thus, firm "A" which incurs certain costs due to acid water pollution would be reimbursed an aThouht in the year of mining to cover all of its future costs from this source of pollution. In this case, the present value of these future costs would be discounted at the rate appropriate for firm "A" and not the mining firm. An additional alternative would be that the mining firm would place funds in some other e :onomic endeavor which would return more than twelve percent. In this case, the external charges would be discounted at this higher rate. However, we must assume that the mining of coal represents the best opportunity available to the firm for the investment of its funds, otherwise, it would be engaged in the other economic activity with the higher return. The intent of the Kentucky reclamation law and regulations is to reduce or eliminate these external charges by prescribing certain land reclamation, rather than by requiring direct reimbursement to other parties or public agencies. However, either method would minimize losses of these external parties. Reimbursement may be considered as the estimated maximum net cost chargeable to the mining firm. Therefore, the rate of twelve percent is considered appropriate for the calculation of the present value of future costs. Equation (5) must therefore be extended to include the discount~ ing of future costs. r = discount rate. (6) Ct = Ctj:~0 ~i r~i~ = C~ discounted. Thus, the present value of the total external cost from Source Ac arising from the 1963 surface mining operations, where r 12 percent, C1963 =$lO.336 A?963 = $36,599.78 (Instead of the undiscounted amount of $42,258.29.) II EXTERNAL COSTS A. Source A-Acid Run~Off Water Table 2 depicts the data for the computation of the external costs arising from this type of water pollution. The cost of $11 .466 per PAGENO="0166" TABLE 2 (Ct) Cost Per Acre Disturbed When the Base (Present Value Year (t)_is: in Base Year) For A'~ (From Coal Face, Auger Holes, and Breakthroughs) 1962 and 1963 $ 10.336 1964 and 1965 5.410 1966 and 1967 2.295 For Am (From Mining Bench) 1962and 1963 4.921 1964 and 1965 3.291 1966 and 1967 1.914 .7 .4 1.429 0.730 .4 .1 0.818 0.183 .2 0.311 0~ 0.000 Data Utilized in the Determination of Total External Costs Arising From Acid Mine Run-off Water From Eastern Kentucky Bituminous Coal Surface Minine; 1962-1967 The Time Periods The Value of the Coefficients Dollar Value Discounted to Base Year at 12 percent a0 a1 a2 a3 a4 a5 a6 a7 .3 .2 .1 0.980 0.583 0.260 2.459 1.464 4.590 .2 0 1. .820 0.000 4.590 0 .5 1. 2.290 1. 2.290 .7 1.603 .2 .1 0 0.326 0.146 0.000 0 0.000 0 0.000 For AS (From Downslope) 1962and 1963 13.274 1. 4.590 .8 3.279 .7 .6 2.195 .5 1964 thrOugh 1. 2.869 1.830 1967 10.494 4.590 .5 .3 1.634 0.875 .2 .1 0.653 0.292 .1 .1 .1 0.260 0.233 0.208 .1 0.260 0 0.000 SOURCES: The total costs imposed upon society in 1960 from acid mine water from the Appalachian Region was stated to be $9,570,000 by the U.S. Public Health Service, Water Pollution Control and Abatement, Hearings before a Sub-Committee of the Committee on Government Operations, House of Representatives, 88th Congress, 1st session (1964). Twenty-five percent of such damage comes from surface mining in Appalachia ($2,392,500) and Eastern Kentucky contained 6.976 percent of such mining in this region. In 1960 there were the equivalent of 14,556 acres newly surface mined in Eastern Kentucky. This equals $1 1.466 per disturbed acre (data.for 1960 and 1961 not shown above). It is estimated that 2/5 of acid run-off water originates from the coal face and auger holes. 2/5 from the downs!o~. and 1/5 from the mining ben-h. The values of the coefficients, time spans. and proportions were determined in consultation with Nrsc'~~:l of the Kentucky Reclamati~'n Division (Kentucky Department of Natural Resources). Kentucky Reclamation Association. Water R ~~rcvs Ccntcr. (Indiana University). a~tJ members of the industry. PAGENO="0167" 157 acre disturbed was derived from data Presented by the U.S. Public Health Service.' (The data are for 1960 and are utilized to determine the costs for each year during the 1 960-1963 period-only the two years of 1962-1963 are shown in Table 2.) The cost of acid mine water damages per disturbed acre of surface mined land in eastern Kentucky is calculated as follows. Only 25 percent of acid mine water originates at the surface mining opera- tions; the remaining 75 percent arises from underground mining. Data presented by the U.S. Department of Interior8 indicate that approximately seven percent of the surface mining in Appalachia took place in eastern Kentucky in 1960. Considering the number of acres newly surface mined in that year, plus such acreage in the preceding ten years, it is estimated that the equivalent of 14,556 acres were newly surface mined in eastern Kentucky in 1960. The amount of ~`.iaze from acid water drainage thus equals $11 .466 per newly .~rbed acre. This cost was incurred during each year of the 1962-1963 period ~ hen relatively little reclamation was accomplished. Two-fifths ($4.39) of this per acre cost is considered to arise from Source Ac (coal face, auger holes, and breakthroughs of underground mines); ~ne-tifth ($2.29) from Source Atm (the mining bench); and two-fifths ($4.59) from Source As (the downslope of the removed overburden). I. Source AC l)uring the 1962-1963 period the Kentucky reclamation law and regulations required coverage of the coal face and auger holes, and the sealing of breakthroughs. This work was not always accom- plished, due to lax enforcement by the state agency. Nevertheless, partial coverage after mining, plus fallen material from above the seam, are considered sufficient t~ have caused a decrease and final halt of the flow of acid water from this source over the following six 7. Water Pollution Control and Abatement, Hearings Before a Subcomm. of the House on Government Operations, 88th Cong., 1st Sess. (1964). The annual damages from .~td mine water from the Appalachian Region for 1960 was estimated to be $9,570,000 by his Government agency. This estimate includes damages to: domestic water supplies, in- duirial water supplies, steamboats and barges, power plants, river and harbor structures, .uul bating plant, all damages occurring in the smaller streams in Appalachia, and the loss aesthetic values in the area. While this estimate is a projection of a survey made in 1940, lybout, in An Economic Framework for Evaluation of Acid Mine Drainage, Water Quality md Recreation in Ohio, Proceedings, Second Annual Symposium on Water Resources Re- carch 229 (1966), states that these damages are "...probably as great today," and further that, "... the overall magnitudes cannot have changed radically except for steam- boats downward and probably for power plants upward. The suggestion on the basis of Information now available is that the total magnitude of the problem remains similar now to what it was in 1940," id. at 232. 8. U.S. Dep't of Interior, Study of Strip and Surface Mining in Appalachia 23~24 (1966). PAGENO="0168" 158 years. This decrease is indicated in Table 2 by the decline in the values assigned to the coefficients over the six-year period (a0 through as). In 1964-1965, the coverage of the coal seam and auger holes was extended to two feet above the seam. Enforcement of this requirement halted the flow of this acid water in the second year after mining. In 19664 967, coverage of the coal seam was further heightened to four feet above the seam. In addition, a shortening of the time period between coal removal and the accomplishment of this reclamation requirement gave rise to relatively less pollution from this source during the period of mining. Thus, the coefficie~ aot is reduced to 0.5 when t is 1966 and 1967 (Table 2). 2. Source Am In the 1962-1963 period, little regrading of the mining bench was required, coverage of acid producing materials was not effectively enforced, and a minimum of revegetation was accomplished. Water pollution from this source is considered to have continued for an average of five years, but in declining amounts (Table 2). Normal leaching of the soil plus some natural re-seeding of vegetation from surrounding areas caused such a decline. Regrading of material a:~.c the mining bench in 1964-1965, plus additional revegetation ~: coverage of toxic materials reduced the flow of acid water from t~ mining bench. This reduction is reflected in the values of the co- efficients assigned this origin. A further reduction of water pollution originating at this source was accomplished in 1966-1967 by addi- tional grading and revegetation. A shortening of the time span for the performance of reclamation is reflected in the decrease in the co- efficient value for the period of mining, aot from 1.0 to 0.7 when t is 1966 and 1967. 3. Source AS The flow of acid water from the downslope continues for a longer time than from the above two areas. While natural leaching also takes place on the downslopes, some sliding of the material down the hillside exposes new material. The grading of some of this over- burden across the mining bench reduced the pollution from this source commencing in 1964. Although additional grading and revege- tation was required in 1966, no reduction of acid water flow oc- curred in this year. As a result of the bench-width restrictions imposed in 1966, mining firms merely stacked the overburden higher causing no net change in the amount of water pollution from this source (Table 2). The total external costs arising from the three sources of acid PAGENO="0169" 159 run-off water from surface mining for the 1962-1967 period are shown in Table 3 together with other external costs. It is noted here, however, that the total of these costs decreased from about $96,000 in 1962 to about $75,000 in 1967, (or about 22 percent) although the number of acres disturbed by surface mining increased approxi- mately 52 percent over the same period. B. Source S-Silt and Sediment Materials Surface mining in the steeply-sloping terrain in eastern Kentucky causes severe erosion of the soil material removed throughout the course of the mining process. During periods of heavy rainfall this material flows from the mining site into streams and other bodies of water. The water-carrying capacity of these streams is decreased and the storage capacities of lakes and reservoirs are reduced. On the basis of the U.S. Forest Service experiment in eastern Kentucky, the U.S. Department of Interior estimates that approximately 400 tons of soil per acre of newly disturbed overburden flow into streams and other bodies of water. This quantity compares to about one ton of material from the same area prior to disturbance by surface mining.9 The external cost imposed upon other parties or society in general from this silt and sediment material is calculated herein on the basis of the cost to remove such material fi~om streams, lakes and reser- voirs. A cost of $0.07 per ton is used as an estimated average for the removal of this material.' ° The spoil bank settles over time and becomes relatively more stable. This process reduces the amount of material flowing from the disturbed area. In addition, this reduction is accelerated by grading of the mining bench and by revegetation of the disturbed areas (Space does not permit the inclusion of the data used to calculate the total external costs caused by silt and sediment material from mining operations; i.e., data such as that in Table 2 for acid mine run-off water.) The total annual cost imposed upon other parties by silt and sedi- ment material, originating on the mining bench fell from about S37,000 to $26,000 between 1962 and 1967, although the number 9. Id. 10. During the first year, an estimated 400 tons of silt and sediment flow from each acre of mined bench and spoil bank combined. The downslope of the spoil bank contributes 300 tons and the mined bench 100 tons. The downslope comprises 1/3 and the mined bench 2/3 of each acre. For each acre mined, 3.6 acres are disturbed. For each 3.6 acres disturbed, there are 2 acres of mined bench and 1 acre of downslope. For each two acres of mined bench 300 tons of material flow, or 83.33 tons per acre disturbed. For each 1 acre of downslope 900 tons flow, or 250 tons per acre disturbed. The removal of silt and sediment material from streams, rivers, lakes, and reservoirs is estimated to cost an average of $0.10 per cubic yard of material. This material weighs an average of 105 pounds per cubic foot, or 2,835 pounds per cubic yard. Cost of removal equals approximately $0.07 per ton. PAGENO="0170" TABLE 3 Total External Costs Arising from Bituminous Coal Surface Mining in Eastern Kentucky From All Sources; 1962-1967 Sources Year A~ A~ A~ of External Costs S~ S~ Bt Total Ot Lt Cost Per Acre Disturbed Per Ton Mined 1962 $34,770 $16,554 $44,654 $37,115 $164,698 $3,364 $3,000 $4,450 $308,605 $91.74 $0.048 1963 36,600 17,425 47,003 39,068 173,364 3,541 5,000 4,700 326,701 92.26 0.047 1964 20,125 12,243 39,038 34,451 143,644 2,790 6,000 4,900 263,191 70.75 0.035 1965 24,123 14,675 46,793 41,295 172,180 3,344 7,000 5,900 315,310 70.71 0.033 1966 10,130 8,448 46,321 22,617 170,442 3,311 3,000 5,850 270,119 61.20 0.028 1967 11,709 9,765 53,540 26,143 197,009 3,827 3,000 6,750 311,743 61.10 0.027 SOURCES: Totals of each source of external costs are from data presented in the text. Annual tonnages for computation of cost per ton mined are from Annual Reports, Kentucky Department of Mines and Minerals, for period covered. PAGENO="0171" 161 of acres disturbed increased about one-half. The annual external cost of the material flowing from the downslope, however, rose from about Si 65,000 to $197,000 during this six-year period. While some additional grading of the mining bench and revegetation were re- quired starting in 1 966, total bench-width restrictions induced min- ing firms to stack the overburden higher. The reclamation require- ments imposed upon the surface mining firms were relatively more effective in reducing external costs due to the silt and sediment material given off from the mining bench than from the downslope of the removed overburden. These costs are shown with other exter- nal charges in Table 3. G. Source B-Loss of Aesthetic Values The U.S. Public Health Service included the loss of aesthetic values in its valuation of total losses from acid mine water. The external costs from the silt and sediment material in streams and bodies of water include the associated aesthetic values. These two costs have been considered above. The aesthetic values of the land surface lost during mining incurred by the land surface owner is considered below. However, it may be claimed that the general public also suf- fers a loss when the scenic values of the nation's countryside are destroyed. The hills of eastern Kentucky are covered with a growth of trees and other vegetation which most people would consider beautiful. This beauty is disturbed and interrupted by the strips of bare earth and rock exposed by surface mining. The exposure is greater where more than one coal seam is mined along the contour of the hills. Here, the overburden from one mining shelf flows downward and contacts the area exposed by mining operations at the lower altitude. Comparatively larger areas are denuded of vegetation when the entire upper portions of hills are removed during the mining process. It is reasonable to assume that the general public is somewhat affected by the environment, and therefore recognition should be made of the loss of aesthetic values caused by surface mining in eastern Kentucky. Such a recognition is considered appropriate, since the reclamation requirements have reduced this loss. This charge upon society, howe~r, must be valued at a relatively low level. East- ern Kentucky is not thickly populated, and is comparatively isolated from the surrounding areas. A higher value would appropriately be assigned to aesthetics in thickly populated regions. For the 1962-1963 period, the loss of aesthetic values at the mining site by the general public is assigned a value of $1.00 per acre disturbed. This amount is considered to include the loss during the PAGENO="0172" 162 year of mining and all future years discounted at the rate of twelve percent. The regrading and comprehensive revegetation requirements of the mined areas were commenced in 1964. This action not only ensui~ed that more of the mined areas would be revegetated, but also shortened the time span necessary for relatively more complete coverage. Therefore,~the loss of aesthetic values at the mining site is valued at $0.75 per disturbed acre for the 1964-1967 period. The annual totals of this external cost are combined with other external costs in Table 3 (Source B). D. Source 0-Losses Incurred By Owners of the Land Surface Only Eastern Kentucky mineral rights were sold in the late 1800's and early 1900's by the landowners when surface mining methods were unknown. The broad form deed was used for the transference of these rights, and conveys all the coal and, the privilege to use and operate the surface in any and every manner that may be deemed necessary or convenient for mining, and therefrom removing.. . and in the use of said land and surface thereof by the grantee shall be released from liability for damages.' 1 The separation of the land surface and mineral rights does not occur in all states. For example, in Indiana and Illinois a landowner may lease to a mining firm the right to exploit the minerals, but this lease or sale does not separate the mineral rights in perpetuity from the surface rights. Incidences of personal hardship involving some surface mining also are unique to eastern Kentucky; some cases of personal distress have occurred solely as a result of these separate ownerships. Some situations involving personal hardships are recounted by Harry M. Caudill.1 2 At the same time, it must be noted that not all eastern Kentucky land has separate owners of the mineral and surface rights. The annual proportion of total disturbed land represented by acreage with separate owners has varied from about one-fourth to one-half during this six-year period. Approximately 97 percent of all acres surface mined during 1962-1967 was disturbed by mining firms which had leased this right from the minerals owner who received a royalty for each ton of coal 11. U.S. Dep't of the Interior, Surface Mining and Our Environment 103 (1967). 12. H. Caudill, Night Comes to the Cumberlands (1962). In addition, some protests by owners of the surface only were voiced in connection with the passage of the 1966 revisions in the Kentucky reclamation law. Although some of this dissent against surface mining was made in response to damage or the threat of damage to the surface owner's property, a share of these remonstrances was made on other grounds. The mountaineer of eastern Kentucky has for generations feared and distrusted the outsider. The surface mining firm is considered an intruder. PAGENO="0173" 163 extracted. If this owner also owned the surface rights, i.e., fee owner- ship, he also incurred the cost of any damage to the land surface- destruction of trees and loss of aesthetic values. Therefore, rational calculation by the owner would have included this cost in the royalty payments for which he contracted. However, when the land has separate owners of the minerals and surface rights, the coal royalty is paid only to the mineral rights owner. In addition, if other factors are equal-coal quality, type and depth of overburden, transport costs-the royalty is equal to that paid to an owner of the land in fee. Thus, in this latter case, the owner of the surface does not share in the coal royalty. It would therefore appear that this surface owner receives no compensation for any damages caused by surface mining. Nevertheless, eastern Kentucky surface mining firms leasing mineral rights on land with separate ownerships do pay the surface owners an "access fee.~' This payment is approximately $0.25 per linear foot of land as measured along the highwall of the contour mining site. The amount per ton of coal varies widely, of course, depending upon the width and thickness of the coal seam strip mined and whether the auger method is also employed. While the owner of the surface rights only is somewhat compensated for damages to the surface, he lacks the necessary bargaining power to receive any eco- nomic rent which may be due because of the location of his land. Nevertheless, this access fee payment is considered to fully cover the surface owner's costs of temporary loss of the land use and the decrease in aesthetic values. At the same time, the surface owners have clearly had some im- posed external costs caused by the removal of the overburden; for example, large rocks rolling down the hillsides. Such damages have been associated with the operations of a minority of the mining firms. Personnel of me Kentucky Reclamation Division indicate that no more than 10 or 12 situations involving such damages occurred in the two years prior to 1966, and only about one-third as many since the law's newest revision became effective. In 1964 and 1965 the disturbed acres with separate ownerships totaled 3,461. Assuming 12 cases of property damage during these two years, one damaging instance occurred per 288 acres (or fraction thereof) of disturbed land with separate ownerships. Estimated damages are $1,000 per case. We may apply this ratio of loss cases to acres disturbed in the years prior to 1964. However, due to the authority of the Reclamation Division to prohibit mining in areas where possible damage may result from such operations, the ratio for PAGENO="0174" 164 1966 and 1967 is changed to one loss of $1,000 per 864 acres (or fraction thereof). The annual totals of this external cost imposed upon these surface owners are indicated in Table 3 (Source 0). E. Source L-Losses Caused by Landslides The sudden movement of portions of the spoii bank down the hillside in the form of landslides causes several types of damage. Some of these costs are already included in the previously calculated external charges. For example, the costs caused by acid water and silt and sediment materials include the additional amounts of such damages brought about by landslides. In addition, the loss of aesthetic values at the mining site-landslides increase the barren area and inhibit the growth of vegetation-and the costs imposed upon surface owners include estimated charges arising from landslides. Landslides, however, impose other costs upon society. In addition to increasing the flow of silt material from the mining area, a land- slide itself may block or disrupt the water flow in a stream; the sliding material may cover a public road or highway. A comparatively massive landslide damages several acres of land below the mining area. At the same time, we must recognize that some landslides cause relatively little damage. The sudden sliding of removed overburden down the hillside in an isolated, uninhabited region may merely mean that the material now covers an additional acre of compara- tively valueless undergrowth and scrub timber. The Kentucky Reclamation Division reported in December, 1967, that approximately 135 landslides had occurred over the previous 12-month period.1 ~ Discussions with personnel of the Division con- cerning the cost of damages caused by landslides revealed that such costs are among the more difficult costs to estimate. As noted above, the locations and size of landslides are diverse. The estimated cost of the damage from a landslide may vary from almost nil to several hundred dollars. However, utilizing the data reported by the Divi- sion, approximately one slide occurred per 38 acres of disturbed land; and further, we may reasonably estimate an average damage cost of $50 per slide. The annual estimated totals of this external cost are shown in Table 3 (Source L). F. Total External Costs While the total external costs per acre disturbed decreased over this six-year period-from about $91.74 to $61.10-the aggregate external charges for eastern Kentucky rose from about $308,605 to 13. Hearings on New Reclamation Regulations in Kentucky, held in Frankfort, Ken- tucky, on Dec. 7, 1967 (unpublished transcript). PAGENO="0175" 165 $3 ii ,743 (Table 3). The annual acreage disturbed by surface mining increased over this same period from 3,364 to 5,102 acres. Thus, an approximate 52 percent increase in annually disturbed acreage was associated with only about a one percent rise in the annual external costs arising from such mining. Relatively more comprehensive and effectively enforced land reclamation brought about this~compara- tively lower increase in aggregate external charges.1 4 Although the total annual eastern Kentucky surface-mined ton- nage rose from 6,390,826 to 11,352,004 tons, or about 78 percent, over this six-year period, the total external costs per-ton-mined decreased from about $0.048 to $0.027 per ton, or about 44 per- cent, over the same period (Table 3). This decline in total external costs per ton of coal produced may be attributed to two factors. First, increased land reclamation requirements were instituted and enforced over this period; and second, the average number of tons mined per acre disturbed increased. The latter increase was due to a rise in the average thickness of the coal seams exploited by strip and auger mining methods in eastern Kentucky from 3.8 to 4.45 feet between 1962 and 1967. Therefore, even without changes in the extent of land reclamation, the external costs per-ton-mined de- creased annually. But, the increases in the amount of land reclama- tion in the years of 1964 and 1966 accelerated this decline. III INTERNAL EXPENSES Increases in the amount of land reclamation performed by the bituminous coal surface mining firms during 1962-1967 caused an increase in internal mining expenses. Such charges are divided into two components for the purpose of this survey, i.e., enforcement expenses and direct land reclamation expenses. The former category includes: state permit and acreage fees, court fines, performance bond fees, and other charges (land survey, map, and administrative expenses). None of these expenses contribute directly to land recla- 14. Two limitations of this analysis must be recognized here. First, the external costs shown in this examination are those arising from bituminous coal surface mining only in eastern Kentucky during the period surveyed. The external costs originating from the contour mining operations in adjacent regions, for example, would be different due to dissimilar definitions of "acres disturbed" and to the relative extent of surface mining in these other areas. Similar mining operations would probably impose comparatively higher external costs upon society in a more densely populated region. Second, the amount of any external charge is not considered to be exact. While some of these charges are based on the best considerations and projections of professional personnel and government agencies, these costs remain estimates-other appraisals are possible. Nevertheless, the relative magni- tudes of the various external costs and internal expenses would not be substantially changed by other reasonable assessments of these charges. PAGENO="0176" 166 mation. The second category, direct land reclamation expenses, includes those expenses associated with earth movement, revegeta- tion of the mined area, and the construction of drainage ditches. A. Enforcement Expenses The total expen~ses to the mining firms to obtain a permit to surface mine bituminous coal in eastern Kentucky are indicated in Table 4. The permit and acreage fees, and court fines for violations of regulations are paid directly to the Kentucky Reclamation Divi- sion for its use in enforcing the law and regulations. TABLE 4 Total Enforcement Expenses of The Kentucky Reclamation Law and Regulations Associated With Eastern Kentucky Bituminous Coal Surface Mining Incurred by The Mining Firms; 1962-1967 Total Map, Land Average Permit Acreage Court Performance Survey and Expenses Per Year Fees Fees Fines Bond Fees Other Expenses Total Disturbed Acre 1962 $4,830 $20,950 - $ 2,556 $ 815 $ 29,151 $ 8.67 1963 4,140 22,245 - 2,580 690 29,655 8.37 1964 6,960 53,815 $3,450 4,255 3,480 71,960 19.34 1965 9,810 109,075 2,375 10,038 4,905 136,203 30.55 1966 14,080 110,350 2,400 14,170 8,750 149,750 33.93 1967 22,750 127,550 9,190 20,903 11,375 191,768 37.59 SOURCES: Kentucky Reclamation Division files and regulations, and estimates made in consultation with members of the industry. NOTES: Cost of permits is average of $30 per permit for 1962 through June, 1966, and $50 thereafter. Performance Bond Fee is $12.50 per $1,000 bond, per year, Map, Land Survey, and Other Costs computed at following rates: 1962-1963, $5. per permit; 1964-1965, $15. per permit; and 1966-1967, $25. per permit.. Performance bond fees are paid to private bonding companies. The applicable fee-S 12.50 per $1,000 bond per year-is regulated by the State of Kentucky. The estimated average expenses incurred by the mining firms to survey the mining site, to prepare and submit the required map, and other administrative expenses associated with a permit application are-based on information obtained from members of the industry and the Reclamation Division. While the permitted acreage increased by about one-half between 1962 and 1967, the 1967 average enforcement expense per acre to the firm was over four times this expense in 1962. This rise is attributed to an increase in the acreage fee over this six-year period-from $10 to $25 per acre- and to an increase in the required performance bond per permitted acre-from $100 to $200 (minimum bond of $2,000 is required per permit). PAGENO="0177" 167 R~ l)h~'~; laihi Reel4,,i;~ji/o,i /~`~v/c'!zxes I l~ . 1 l)uiing 1 lie 1 ~~2- I 9O3 period il~ t ively Ii ti k~ rcgi~d hg of the sur- face iiiiiied hind Was required and perioriiied. Sonie earth hlioveinent was ~lCcOIUplisIied to eOVeI' the eo~il seam lace aiid to bury toxic materials. however, a sizeable increase in the expenses of fegrading, burying of toxic materials, and the construction of drainage ditches occurred in the 1964-1965 period. Additional coverage of the coal seam, plus the grading of some removed overburden back toward the highwahl, caused an increase in both labor and machinery time. Since grading does not take place on the downslope of the removed over- burden, all acres disturbed are not graded. For each 3.6 acres dis- turbed, only approximately two acres are actually graded. An esti- mated seven actual acres could be graded in eight hours during this 1964-1965 period at an average expense of $ 18 per hour for labor and machinery. However, the number of acres regraded in the 1966-67 period in eight hours was reduced from an average of seven to five actual acres. This decrease was due mainly to the requirement to cover the mining bench with at least four feet of material from the removed overburden. From 1962 to 1967 these expenses rose from an average of $2 per acre disturbed to $16 as shown in Figure 2. Figure 2 Data Utilized to Compute Direct Land Reclamation Expenses Associated with Eastern Kentucky Bituminous Coal Surface Mining, Rcquired Grading, Burying of Toxic Materials and Drainage Ditches. Period l962~1963-$2.OO per acre disturbed. 1964-1965--$1 1.43 per acre disturbed. (Required work on 7 actual acres completed in 8 hours, at $18. per hour, equals $20.56 per actual acre. Two actual acres graded, etc. per 3.6 disturbed acres). 1966-1967-$16.O0 per acre disturbed. (Required work on 5 actual acres completed in 8 hours, at $18. per hour, equals $28.80 per actual acre. Two actual acres graded, etc. per 3.6 disturbed acres). Rcvegetation 1962.1963-$ 15.00 per acre disturbed. ($18. per actual acre revegetated; three ccres planted per 3.6 disturbed acres). I964.1965-$25.fj0 per acre disturbed. ($30. per actual acre revegetated; three acres planted per 3.6 disturbed acres). 1966.1967-$30.83 per acre disturbed. ($37. per actual acre revegetated; three acres planted per 3.6 disturbed acres). _____*.___ ____,__. ,._._,_ .__ -- *__._ __. ._ __._ ,~_._ __,,. -- _.,_ ___,---_ ._..._.,_ _.._,,__ ~ _._ _____,_ ---- ,-, __.___.._, SOURCES: Estimates based on consultations with members of the industry, Kentucky Reclamation Division (Department of Natural Resources), and representatives of the `Kentucky Reclamation Association which performs revegetation of mined areas. 69-142 0 - 72 - 12 PAGENO="0178" 168 2. Revegetation The revegetation of surface mined land during the 1962-1963 period involved an estimated expense of approximatelY $ 18 per acre planted. Since only three acres are ~lanted per 3.6 acres disturbed, this involved an average CX~CflSC of $15 per acre disturbed. Increases in revegetation req~uirements-p1antiflg and survival standards-caused a rise in this external expense over the 19624967 period. The total average internal expense to the mining firms to perform the required direct land reclamation rose from $17 in 1962 to about $46.83 in 1967 per disturbed acre. These figures are set out in Table 5. During this six-year period the primary cause of the increase in TABLE S Total Internal Expenses of the Eastern Kentucky Bituminous Coal Surface Mining Firms Incurred in Performing Land Reclamation; 1962-1967. --~ Land Enforcement Reclamation Eastern Total Expense Per Expense Per Total Kentucky Expenses Acre Percent Acre Per Acre Annual Per Ton Year Disturbed of Total Disturbed Disturbed Total Mined 1962 $ 8.67 34 $17.00 $25.67 $ 86,354 $0.014 1963 8.37 33 17.00 25.37 89,835 0.013 1964 19.34 35 36.43 55.77 207,464 0.027 1965 30.55 46 36.43 66.98 298,664 0.03 1 1966 33.93 42 46.83 80.76 356,475 0.037 1967 37.59 45 46.83 84.42 430,711 0.038 SOURCES: Kentucky Department of Natural Resources, and members of the industry. Annual production from the Annual Reports, Kentucky Department of Mines and Minerals. land reclamation expense per disturbed acre was the 8-fold increase in grading expenses-from $2 to $16. Revegetation expenses per dis- turbed acre approximately doubled between 1962 and 1967-from $15 to about $30.83 (Figure 2). C. Total Internal Reclamation Expenses of the Mining Firms The total average internal expenses (enforcement fees and direct land reclamation expenses) rose from about $25.67 to $84.42 per acre disturbed between 1962 and 1967 (Table 5). During the same six-year period enforcement expenses comprised an increasing pro- portion of total average expenses per acre disturbed; rising from 34 to 45 percent. The total average expense per ton mined increased approximately 171 percent-from $0.014 in 1962 to $0.038 in 1967. PAGENO="0179" 169 Iv CONCLUSIONS A. External Costs and Internal Expenses compared Although the additional constraints contained in the 1964 and 1966 revisions of the Kentucky land reclamation statute.and in the enforcement agency's regulations caused significant reductions in the amount of external costs imposed upon society, these decreases in external diseconomies were achieved only by larger internal expense increases, as shown in Table 6. TABLE 6 Summary of Average Total External Costs and Internal Expenses Associated with Eastern Kentucky Bituminous Coal Surface Mining and Land Reclamation; Average Cost Per Acre Disturbed and Per Ton Mined; 1962-1967. EXTERNAL COSTS Average Total Average Change Average Total Average Change Per Acre From Previous Per Ton From Previous Period Disturbed Periods Mined Period 1962-63 $92 $0047 1964-65 71 -$21 0.034 -$0.013 1966-67 61 - 10 0.028 - 0.006 TOTAL INTERNAL EXPENSES 1962-63 26 0.013 1964-65 62 + 36 0.029 + 0.016 1966-67 83 + 21 0.037 + 0.008 ENFORCEMENT EXPENSES ONLY 1962-63 9 0.004 1964-65 25 + 16 0.012 + 0.008 1966-67 36 + 11 0.016 + 0.004 SOURCES: Summary of data appearing in other tables and in the text. NOTE: All per acre costs rounded to the nearest dollar. The external costs were reduced during 1964-1965 (compared to the 1962-1963 period) $21 per acre disturbed; however, the mining firms' average internal expense of land reclamation rose $36 in the same period. Similarly, a further average decrease of $10 per dis- turbed acre was achieved in the 1966-1967 period; this decline, how- ever, added an average of $21 per disturbed acre to the firms' internal expenses. On a per-ton-mined basis, much the same relation- ship exists between the reduction of external costs and the increases of internal expenses. The latter exceeds the former charges. The shares of the increases in total internal expenses represented by the rises in average enforcement expenses per disturbed acre are also indicated in Table 6. In the 1964-1965 period, for example, PAGENO="0180" 170 eulorceineut eXpenSeS comprised $16 ol the total $36 rise of internal expenses. Without the enforcement expenses, the $21 decline in average external costs per acre disturbed would be associated with an increase of only $20 of internal expenses. Similarly, in the 1966-1967 period, without the $11 increase in average enforcement expenses per ac~re disturbed, the average $10 drop in.external charges would be associated with an average $10 rise in internal expenses. The amount of reduction in external costs, per acre disturbed, pet dollar of increase in internal expenses during 1964-1965 amounted to only $0.583 and $0.476 in 1966-1967. Such a reduction, per ton mined, per one cent of increase in internal expenses, amounted to $0.008l in 1964-1965 and to $0.0075 in 1966-1967. Therefore, additional internal expenses caused by the increases in reclamation requirements in eastern Kentucky have reduced external costs, but at a declining rate.1 ~ While only the approximate amount of the increases of internal expenses represented by actual land reclamation costs (without en- forcement charges) contributed to the associated decreases in external costs, eastern Kentucky surface mining firms could not be expected to perform the land reclamation without compulsions. Therefore, the expenses of enforcement cannot be avoided.' 6 How- ever, if the mining forms would have voluntarily performed the land reclamation, each dollar of the increase in internal expenses would have reduced external costs by approximately one dollar (per acre disturbed). This result, of course, raises the question of the de- sirability of requiring additional land reclamation. Except as 15. These conclusions may be reversed, of course, if one assigns higher values to the loss of aesthetic values. The assigned values are 1962-63: $1; and 1964-67: $0.75 per disturbed acre. Suppose, however, that the loss of aesthetic values per disturbed acre were designated as follows: 1962-63: $37; 1964-65: $21; and for 1966-67: $9. In this case, the average total of all costs per disturbed acre would increase to $128 for 1962-63; $91 for 1964-65; and $69 for 1966-67. With these valuations a $37 decrease in external diseconomies would be associated with a $36 increase in internal expenses between the 1962-63 and the 1964-65 periods. Similarly, a decrease of $22 would be associated with an increase of such expenses of $21 between the 1.964-65 and the 1966-67 periods. In like manner, the conclusions on a per-ton-mined basis would also be reversed with these higher valuations of aesthetic losses. Such increases, however, also involve the assumptions that the loss of aesthetic values in the 1962-63 period increase from approximately one to 29 percent of the total of all social costs per disturbed acre; in the 1964-65 period an increase from about one to 23 percent; and in the 1966-67 period from about one to 13 percent. However, these proportions and dollar quantities which would be required to reverse the conclusions are deemed to be unrealistic in the present case of eastern Kentucky. 16. We may assume, however, that not all enforcement expenses are utilized for this purpose. The Kentucky Reclamation Division expends some funds for research connected with eastern Kentucky surface mining. Such research includes experiments concerning the growth and survival of various species of trees and other vegetative cover in different types of soil. Thus, perhaps a small share of the firms' internal expense increases should be considered research and development expenses instead of land reclamation expenses. PAGENO="0181" 171 recommended in the following section, a solution for this dilemma will not be suggested here. RECOMMENDATIONS A. Tize State of Kentucky Since the 1964 and 1966 revisions of the Kentucky bituminous coal surface mining reclamation law and regulations have caused greater increases in the mining firms' internal expenses than the decreases in external costs imposed upon society, the Kentucky Gen- eral Assembly should carefully evaluate the present as well as any proposed additional land reclamation requirements applicable to such mining. The Kentucky General Assembly might well turn its attention to other sources of external costs imposed upon society. For example, approximately 75 percent of the total acid water pollution originates from underground mining operations. Silt and sediment materials also flow from roads leading to these mines. Extensive erosion of the hillsides takes place where trees have been harvested. Legislation directed to reduce the external diseconomies originating from these sources could properly be considered. B. Other Government Bodies The experience of the State of Kentucky not only in enacting but enforcing more comprehensive surface-mined land reclamation re- quirements may influence the actions of other government bodies. Indeed, this may have already occurred. For example, such a law first became effective in late 1967 in the State of Tennessee. The existing statute in the State of Indiana was revised the same year. In addi- tion, the U. S. Senate Interior Committee held hearings in June, 1968, on a proposed Federal land reclamation law. We may ask, however, whether the actions of the State of Kentucky should be followed. But to evaluate the Kentucky experience, several guidelines are required for the particular actions to be followed by a government body in connection with the enactment of land reclamation pro- visions. Such actions should be based upon: 1. Recognition of the existence of external costs arising from the surface mining process. 2. Measurement of external costs. 3. Formulation of recommended procedures and regulations to in- ternalize such costs within the industry, including estimation of necessary internal expenses. PAGENO="0182" 172 4 l~vision of r~omim~ndi~d I md reclamation requircrnents if in tcrn ml cxpensc increases exceed cxtcrI2al cost reductions S institution of! md red imnation requirements 6 Mt~ msurcnicnt mud comnp irison of actual cost increases and do creasds alter a trial period 7 Further revisions of the land reclamation requirements The record of the Kentucky experience indicates that four of these seven items were considered, specifically, 1 Recognition by the State of certain external costs arising from surface mining was first made in 1954 when the original land reclamation statute was enacted 3 Following the enactment of the original statute, the State formulated some procedures and regulations to require land reclamation following the surface mining of bituminous coal Estimates of the internal expenses to perform the land reclama tion were made upon the occasion of each revision of the state law The projections by the Kentucky Reclamation Commission differed however from such industry estimates For example in 1964 the former projected costs of 5 to 10 cents per ton mined, the latter estimated costs of 60 to 90 cents per ton (As shown herein the average expense was close to 3 cents per ton) 5 If we equate the institution of land reclamation provisions with etfective enforcement of such requirements, the State of Ken tucky commenced the former in 1964 7 Revisions of the land reclamation requirements were made almost every two years after the enactment of the original 1954 statute The more significant revisions were made by the Kentucky Gen eral Assembly in 1964 and 1966 The other three steps, numbers 2, 4, and 6 concern the measure- ment and comparison of costs-specifically-the need to calculate internal expense increases and external cost decreases These com- putations and their comparisons were not accomplished Requirements to reclaim the land after the surface mining of bituminous coal are applied to all surface mining operations While the expenses to perform the reclamation are similar for all firms,' ~ the reductions of external charges upon society vary from area to area i 8 For example, the external costs arising from any given mm- 17. Differences exist, however, on a per-ton-mined basis due to varying coal seam thick- nesses. 18 That is from area to area m eastern Kentucky Different reclamation provisions do exist for such mining operations in western Kentucky where the contour method of mining is not used PAGENO="0183" 173 tug operatiOn are hi~lier in I lie ida lively more densely popula ted areaS. Acid mine Water and silt and sediment material, for example, cause higher external costs in areas containing roads, bridges and bodies of water than in relatively isolated localities. Thus, while the increase in internal expenses per acre disturbed are almost uniform, the reductions in external costs will vary according to the location of the surface mining operations. These results might have been dif- ferent it another approach had been used by the State. Deviations Irom the prescribed land reclama t ion l)rOvisions are allowed in some cases in eastern Kentucky, but only when such exceptions cause higher rather than lower external costs. For example, if the acidity of the removed overburden is so high that vegetation cannot survive, the mining operator may be allowed to revegetate equal acreage of other unreclaimed mining sites. Thus, for any site with this high acidity in a given population density, an area causing relatively lower external costs may be substituted for one causing comparatively higher costs. A higher total reduction in external charges may be achieved if the reclamation provisions were viewed as minimum rather than maximum standards. Selective deviations in the extent of required reclamation would then be made toward more instead of less ex- ternal cost reductions. A government body administering a land reclamation law should include all seven of th~ aforementioned steps in its administrative procedures. This inclusion will insure that recommended or in- stituted changes in surface mined land reclamation provisions are first assessed and compared with estimated and actual external cost reductions. PAGENO="0184" 174 [From the Arizona Republic, Mar. 21, 19711 STRIP MINING AND BLACK MESA A lasting impression that emerges from today's article about the Black Mesa mining operation, elsewhere in today's Republic, is the precautions Peabody Coal Co. officials are taking. For example, the article says, "It might be said that the archeologists are running the mine." For early in negotiations with the Navajo and Hopi tribal councils, the company agreed to preserve Black Mesa's rich archeological heritage. It agreed to restore and reseed the land after it has stripped away the coal. Its agronomist and reclamation advisers are on guard to see that the land is not simply used and abandoned. Anyone who is familiar with strip mining operations elsewhere knows that concern for the land has been largely nonexistent. The coal fields are gouged with deep scars, huge soil banks add to the defacement, the remaining arid and acidic soil won't sustain vegetation, and nearby streams are often contaminated by sediment and acids drained from the exposed coal beds. No wonder then that, even at a time when the nation's power plants require the cheap coal that only strip mining can provide, a West Virginia congressman recently proposed federal legislation to ban strip mining entirely. Obviously, that is not a realistic solution-not when America's energy demands are rising, and when strip mining tonnage, presently about 40 percent of total coal output, is rising. For strip mining is not only twice as productive per man day as underground mining, meaning that it holds down the cost of electric power, but it is also considerably safer. What is needed is legislation similar to that President Nixon requested of Con- gress, the establishment of federal standards for states that refuse within the next two years to set standards for reclamation (usually grading and replanting) of abandoned strip mines. It goes without saying that this added cost will be passed on to coal consumers. But it also bears repeating that the fight to preserve and enhance the environment, which opinion polls put at or near the top of every list of public concerns, requires more than n~ere1y a rhetorical commitment. It is going to require a financial com- mitment as well. What Peabody has promised to do at Black Mesa far exceeds the proposed fed- eral standards. And there is every reason to believe that the company is sincere- both because it has restored and reseeded in its Colorado coal fields, and because it has given repeated public assurances that it respects the Indian lands from which it will mine coal during the next 35 years. As today's story points out, the Navajos and Hopis will receive $100 million in royalties during the lease period if the two power plants operate at the expected 85 percent capacity. That is a tremendous amount of money, particularly for tribes that have suffered from economic privation throughout their history. Nevertheless, it would be hardly worth it if the Black Mesa mining operation left the tribes with slag heaps that defaced the land and rendered it useless for hundreds of years. That is why the environmental guarantees given by Peabody are every bit as important as the royalties the tribes will collect for the coal mined from their land. [From the Arizona Republic, Mar. 21, 1971] COAL IS BRINGING PROSPERITY TO BLACK MESA-SALARIES, ROYALTIES FOR INDIANS WILL CONTINUE FOR MANY YEARS (By John J. Harrigan) BLACK ME5A.-Leo Frank, a young Navajo from Lukachukai, is a contradic- tion both as an Indian and by job description. As a typical Navajo male, he should be earning less than $3,000 a year, but his pay is well in excess of $10,000. His job title at Peabody Coal Company's Mine No. 1 is "oiler" but he is never seen with an oil can. The term is a throwback to the days of more primitive diesel equipment that required constant oiling. He is mechanically responsible for a self-lubricating, $2.5 million, gargantuan dragline boasting 180 feet of boom and a scoop that will remove 35 yards of dirt, about 50 tons, in a single bite. He is more mechanic, welder and operator trainee than oiler. PAGENO="0185" 175 No one is probably more aware than he of the unpleasant fact of life that you cannot efficiently move 13 million tons of coal a year from depths of 55 to 110 feet without bothering some of the land, or overburden, above it. But you won't hear him or any of his fellow 66 Indians and 16 companion caucasian workers com- plaining. There is little doubt, he would acknowledge, that coal mining has begun in earnest on Black Mesa. Deep black canyons surrounded by mountains of over- burden on this year's S25-acre mining plot attest to it. And mining will move forward at the rate of about 400 acres a year, with the previous 400 acres being continuously replanted as it goes along. Ecologists worried about whether Peabody Coal Company's intentions with Mother Earth are honorable will just have to wait and see. It's too early to tell. The first load of coal was hauled April 25, 1970-by trucker Leioy Arnold who said he drove like crazy to get it to the nearby crushing plant. Ecologists and Navajos like Frank who have lived near here all their lives have the assurances of Peabody that the mining company has a full-time agronomist and the support of a half dozen other agencies to handle reclamation. The company reassures in its official brochures that it will stick with its agree- ment with the Hopi and Navajo tribes to return Black Mesa "to as good a condi- tion as received, except for ordinary wear, tear and depletion incident to mining operations." Foremen, superintendents and employees in conversation, however, claim that the land will be better than when they started. Five deep wells, more than 3,000 feet, will be turned over to the Indians. Small lakes and ponds are expected to fill pits engineered with gentle slopes to allow cattle to drink safely from them. Thirteen different grass varieties are being tested to find the best possible re- placements for the present, overgrazed stands. The company also promises re- planting of other landscaping to replace the pinyon and juniper now being bull- dozed. A 35-year coal mining lease here covers 65,000 acres, or an area roughly 12 by 16 miles, on land designated as Navajo-Hopi joint use area by presidential order of 1882. Of the 64,858 acres in the lease, only 14,000 have coal. Present mining appears minimal from the air but massive from the ground. It represents a mere toe-in-the-door. Mine No. 1 will strip 24.5 million tons of high- grade coal over a five-year period for the Mojave generating plant near Bullhead City. Peabody reduces the coal to chunks two inches and smaller. Conveyor belts transport it to nearby Black Mesa Pipeline, mc, It is then pulverized, mixed with water and pumped at 4 miles per hour through a 275-mile pipeline to the Mojave plant under 800 pounds per square inch of pressure. A second mine will open soon on the north end of the Mesa to provide coal for the Navajo generating plant at Page. Work will begin in a month on a railroad to transport it from here to Page. Eventually the mines will produce 13 million tons of coal a year, eight for Navajo and ~ive for Mojave. Some of the Indians who have lived all their lives on these rolling, grass-covered hills are alarmed at the destruction, however, temporary. Most are the Chee and Yazzie descendants of a single family-Manymules. Others have accepted the reality and are benefiting from it. Of the 78 Navajo families within the lease area, 53 have their homes over coal deposits. They will be temporarily relocated at the company's expense. They are well remunerated for their trouble, sometimes in more ways than one. The company in one case is not only paying a father for moving from his ancestral hogan but has hired three of his sons. They bring home combined incomes of more than $3,000 a month. Stan Begay, one of Peabody's best Caterpillar operators, is one of the company's highest paid employees, often earning more than $1,200 a month. His brother, Wally, drives a company supply truck. They both grew up on the mesa they are now helping to dissect. While reconstruction of the landscape and its possible success is still a question mark, the company has recognized the mesa's rich archeological heritage. It is sponsoring research by archeological teams at Prescott College. It provides sum- mer mobile home quarters for student archeologists and often assists them by bulldozing large earth masses. It might be said that the archeologists are running the mine. No strip mining will be done where major archeological finds have been located. So far, they have lo- cated 138 sites, of which 29 have been considered valuable enough to excavate. PAGENO="0186" 176 Ruins date back to a Pueblo people, the Kayenta Anasazi Indians, who farmed there between 600 AD. and 1200 A.D. Aside from cultural pluses, the mine will be a boon to Indians and the tribes for years. The tribes will receive $100 million in royalties during the 35-year antici- pated lease period if the two power plants operate at an expected 85 per cent capacity. The $3.25 million-a-year royalties are based on a 25-cents-a-ton commis- sion, "a higher royalty than had ever been negotiated for coal developed on Indian or public lands," Peabody said. Some Indians-usually off in far-away Window Rock or Chinle-bave com- plained that the 25-cent-a-ton commission was too small. They see traders selling back their coal at $3 a hundred pounds to them. But local Indians here enjoy another fringe benefit-free coal. The company doesn't advertise it. It neither encourages nor discourages local Indians from loading up their pickup trucks and driving away. Company officials report they seldom see the same pickup trucks twice- a testi- monial to the high bituminous thermal unit rating of the anthracite. It is rated at 11,000 BTU per pound, with an ash content of 8 per cent-which will be the genera- ting plants' filtering problem-and a sulfur content of 0.5 per cent, which is con- sidered low. Apparently one pickup load of the 11,000 BTU fuel will last one family a year or more. Almost all of the workers at Peabody earn more than $10,000 a year, including laborers. It is not uncommon for an Indian with no more than a sixth grade educa- tion to walk home with a paycheck of more than $1,000 for a two-week pay period with some overtime. Understandably, there is a backlog of some 300 applications from Indians and non-Indians alike for jobs. Eventually, the plant will hire 250 with about 75 percent of them Indians. Poten- tial employees must be qualified, either by experience or by trainability. The company has been unable to locate qualified Indian electricians and diesel me- chanics. The highly skilled jobs mean big checks and big checks cause their own problems: Local traders don't have the financial resources to cash them. Loren Crank a Navajo employee here sent out a recent letter to the editor that insisted, "The opportunity is here for the people who would just open their eyes and start a business of their own, such as banks, laundromats, grocery stores, good garages, trailer and car sales, theater, etc. (in nearby Kayenta) "I've heard so much of sheep, cattle and land. We bad these since the beginning of time but so far I haven't seen anyone become self~supporting with it except anglos off the reservation, but they have them in large quantities, not just two or three hundred sheep, cows, but thousands [From Mining Congress Journal, March 1971] EFFECT OF WILDERNESS POLICY ON EXPLORATION ACTIVITIES-AN INDUSTRY VIEWPOINT (By J. H. La Grange, Land and PR Coordinator Bear Creek Mining Co.) President Johnson signed the Wilderness Act at a special ceremony in the White House rose garden on September 3, 1964, bringing to a successful conclusion one of the nation's longest and most controversial battles. After more than 8 years of study, public hearings, debates, and controversy, the Wilderness Bill became the law of the land. The congressional mandate is concise. Wilderness areas of the National Wilder- ness Preservation System shall be administered for the use and enjoyment of the American people. The wilderness character of these areas will be left unimpaired for future use and enjoyment as wilderness. Thus, the Wilderness Act provides a statutory base for preserving the remainder of the American wilderness as we know it today. These areas lie within our national forests, national parks and monuments, and the national wildlife refuges, and ranges. Fifty-four of the existing Wilderness, Wild and Canoe areas have been placed in the National Wilderness Preservation System established by the Act. Thirty- four Primitive areas of the national forests are to he included in the System during the 10-year period fellowing the Act. Such inclusions are to follow a series of public hearings and reviews by the Secretary of Agriculture. During this 10-year period, roadless portions of over 70 national parks, national monuments, wildlife refuges, and wildlife ranges are to be reviewed by the Secretary of the Interior for possible inclusion in the Wilderness System. PAGENO="0187" 177 40 TO 50 MILLION ACRES SUBJECT TO REVIEW The Act set a schedule under which recommendations for one-third of these areas were to have been presented to Congress by the President within 3 years. Two-thirds are subject to his recommendations for inclusion under the Act within 7 years-the remaining areas by the end of the tenth year. All together, this procedure can apply to 40 to 50 million acres of wilderness lands which are subject to review. These lie within preservation areas, units of the national park system and the wildlife ranges and refuges. By comparison, the total area of the national forests administered by the Forest Service is less than 190 million acres. Units of so-called "de facto" wilderness may also be included in the Wilderness System under the provisions of the Act. Such units could add still more acreage. A "de facto" wilderness, by popular definition, is a roadless area of wilderness quality not yet designated as Primitive or Wilderness. The Lincoln Back Country in Montana and the White Cloud mountains area in Idaho are examples of "de facto" wilderness. INFORMATION GATHERING PERMITTED IN WILDERNESS The Act permits prospecting and gathering of information on minerals in the established wilderness. Such activities must be conducted in a manner "compatible with the preservation of the wilderness environment." The Secretary of the Interior is directed by the act to develop and conduct recurring surveys of areas proposed for inclusion in the Wilderness System. The results are to be available and sub- mitted to Congress. There is nothing in the Act to indicate that recommendations to delete areas from Wilderness classification due to mineral character will be followed. The Act states that surveys will be conducted in a manner "consistent with the concept of wilderness preservation." The Act and the applying Rules and Regula- tions specifically prohibit temporary or permanent roads, aircraft landing strips and heliports or helispots. Use of motor vehicles, motorized equipment, motor boats, or other forms of mechanical transport is prohibi4~ed. You may not land aircraft or drop materials, supplies or persons from aircraft. Structures or installa- tions and cutting trees for non-wilderness purposes is prohibited. There is an exception where these purposes existed prior to the designation of the National Wilderness Preservation System. However, persons with valid mining claims or other valid occupancies wholly within the Wilderness are permitted access. Access is limited to that "consistent with the preservation of the forest wilderness." Consider how you might build a road consistent with preservation. Now go a little further and consider the ramifications of the word "valid" with reference to an unpatented mining claim. Permits may be issued for access. The permits prescribe routes of travel to and from the area surrounding claims or occupancies. They also prescribe the mode of travel and other conditions reasonably necessary to preserve the wilderness. Min- ing development or timber cutting is permitted on a valid claim. However, there are certain specifications requiring that the Forest Service be furnished with oper- ating plans before a permit is issued. An operating plan must be submitted and approved before a permit will be issued to construct an access road. There is a provision whereby special request may be made for use of motorized equipment and to land aircraft during prospecting. However, in practice, such permission is not normally granted except on a valid claim. LOCATIONS BANNED AFTER 1983 Claims may be located under the mining laws or the mineral leasing laws until December 31, 1983. Mining rights acquired prior to that date will be honored. Prospecting other than on valid claims, and the location of claims, is permanently banned thereafter. Exploration work done on the claims is subject to restoration as nearly as practicable to the original surface contour upon completion of the work. To understand the effect of Wilderness Act policy on exploration activities, we must determine what that policy is. A broad-scope analysis is necessary to identify all of the elements which determine this policy with regard to mining. There are four primary sources of Wilderness Act policy having an impact on mining. The first source is Congressional intent as expressed in the Act itself. The second source is the Department of Agriculture, particularly the Forest Service. PAGENO="0188" 178 Those agencies are responsible for the management of the wilderness areas and the implementation of the Act. Rules and regulations were promulgated pursuant to the Act by the Secretary of Agriculture. In addition to directives contained in the rules and regulations, policy is being continually determined and altered by the ongoing Forest Service administrative experience. The third major source of wilder- ness policy is public opinion as expressed by the various, more or less powerful, wilderness recreation and preservation interest groups such as the Sierra Club. Such organizations are constantly applying pressure on the Forest Service to take actions and establish policies which hinder the activities of mining companies. These organizations are dedicated to a single use principle of absolute preserva- tion of the pristine forest untrammeled by the works of man. The fourth source is, of course, the mining interests who seek Forest Service action or cooperation with respect to lands under Forest Service jurisdiction. CONGRESS RECOGNIZED MINING A5 PRIORITY LAND USE The policy of Congress in enacting the Wilderness Act is to, in effect, recognize mining as a priority use of wilderness lands. There are, of course, very important limitations as mentioned previously. Development and operation of a mining property is obviously in conflict with the fundamental concept of the Wilderness Act-that is, preserving wilderness. Yet the Act allows mining development indefinitely with the limitation that new prospecting and claim location must cease after 1983. This is clear policy. Furthermore, it is a reasonable interpretation that the limitations on human activities are to protect the wilderness as much as possible. However, such limitations should not effectively prohibit mining. The Forest Service, as the direct implementing agency of the Wilderness Act, is faced with a difficult task. How does one manage a program which attempts to provide for mutually exclusive uses of the same area? One or the other use must come out on the short end, and to date, it seems to be mining. In addition to the restrictive rules and regulations established by the Secretary of Agriculture, another level of rules and policy making must be considered. In promulgating rules and regulations, the Secretary of Agriculture asked the Forest Service to prepare individual plans for the implementation of the Act in each of the 54 established wilderness areas. These plans were to include whatever special regulations or restrictions were deemed necessary due to local circumstances to protect the area involved. Consequently, before going into any wilderness area, the prospector or miner must determine what special rules he must comply with in addition to those contained in the Wilderness Act. The policy of the Forest Service supervisor who administers rules and regula- tions under the Act is necessarily affected by interdepartmental directives and memos. He is further affected by general unwritten departmental policy, vocal special interest groups and even some personal prejudices. Lower echelon inter- pretation of the rules and regulations may vary widely from place to place. USE PERMIT REQUIRED FOR PROSPECTING Written permission in the form of a Special Use Permit is required for virtually every type of prospecting and exploration activity other than walking. Access theoretically may not be denied. In fact, it may be denied or prohibitively delayed for any number of reasons, including lack of discovery. Due to administrative slowness, negotiations for Use Permits usually require a lead time of from 3 to 6 months. The problem of what constitutes a valid discovery is not within the scope of this discussion. It should be noted, however, that permission to use powered equipment and perform many modern exploration activities in Wilderness areas is contingent upon the existence of a valid claim. The Forest Service has the option of disagreeing as to whether a discovery has actually been made. The supervisor has the problem of satisfying many interests. He must satisfy his supervisors who are influenced by the Congress and special interests groups. He must satisfy the local populace with whom he must live and maintain good day-to-day relationships. He must fulfill the desires of the prospector. The super- visor's decisions must lie within the law, yet will almost always involve a com- promise among all interested parties. It would appear the Forest Service will try to avoid blanket rulings from Washington headquarters. This is effected by making decisions and rulings on a local level as much as possible. This, of course, resolves itself into a policy of "play it by ear" for the prospector. He cannot expect any guarantees that he can explore in the most efficient manner at bis command, nor can he be free from threats of administrative restraints that may be thrown over his operations. PAGENO="0189" 179 RESTRICTIONS WOULDN'T HAVE BOTHERED OLD~TIME PROSPECTOR To comprehend the aggregate effect of these elements of Wilderness Act policy, one must understand the nature of modern minerals exploration. The various restrictive Wilderness Act rules and regulations would not have appreciably affected the old-time prospector with essentially unlimited time resources. He required only individual initiative, primitive means of transport, and no mech- anized devices to prosecute his exploration program. The modern exploration effort, by contrast, requires a large amount of capital and is extremely complex. It utilizes a variety of scientific devices to determine or predict the presence of mineralization. It employes as many labor-saving and time-saving mechanical devices as possible. An exploration program often commences with a time-consuming evaluation of large areas. This is to determine the location of zones containing anomalous amounts of valuable minerals. These mineralized zones may have very little surface expression and may outcrop only sporadically. Profitably locating the zones themselves and exploration targets within these zones requires a very efficient, highly mechanized and extremely flexible program. These mineralized areas or targets may be located by recognizing surface or subsurface alteration products. Certain trace elements normally occur near or within known ore bodies. Anomalous electrical conditions of both a regional and a very local nature or an unusual concentration of various elements in soil or water are also indications of mineralized areas. One of the most efficient and expeditious methods of regional sampling and mapping in roadless or remote areas is by helicopter drop of men and equipment. Drop locations are decided as a given exploration program progresses and utilizes information and ideas developed from the program itself. Long-term preplanning as to drop points and sampling points is practically impossible. A high degree of unfettered mobility is required during this stage; aircraft and powered surface vehicles are essential. Once a target is located, further geochemical and geophysical methods, as well as detailed surface mapping, are employed to decrease its size. This makes the prospect amenable to evaluation as to tonnage, continuity and probable extraction costs based on present and projected economic conditions. The information for many such evaluations is normally obtained from diesel or gasoline-powered drilling equipment or a variety of powered devices for tunnel driving or shaft sinking. Generators are usually necessary to provide an electrical power source for geophysical equipment or campsites. LIMITATIONS AFFECT EFFICIENCY OF PERFORMANCE Several years ago, an exploration project in the Absaroka Wilderness required some unusually time-consuming and complex planning. This was due to pressure on the local Forest Service by recreationists, resort owners and packers. A joint public announcement describing exploration plans was requested by the Forest Service. This is normally a serious breach of security because it invites competition to share the ideas and benefit of extensive and expensive reconnaissance. Stipula- tions in the prospecting permit required that helicopter flight operations to spot and service drill rigs be limited to hours between daybreak and 9 a.m. Flights were required to be at altitudes greater than 1000 ft, except when landing on claims. Off-claim landings were not permitted at all. Transport of drilling equip- ment to various locations on the claims was necessarily restricted to the hours of permitted use. The purpose of these restrictions was to avoid scaring horses and disturbing the Wilderness solitude. Except for emergencies, five days notice was required for deviations in permitted flight patterns. No personnel could be transported in the aircraft. Such limitations certainly do not allow for efficient use of personnel and material. OPPOSITION TO DEVELOPMENT USUALLY TO BE EXPECTED Once it is apparent that a Wildenress prospect may be developed, some for- midable opposition will usually arise. General public interest may be focused by preservation-oriented individuals or organizations dedicated to the prevention of wilderness development. Present concern for the environment and the popular public reaction of objecting to any kind of new industrial development serves to aggregate the situation. The general pattern of attack is to flood large-circulation newspapers and national periodicals with stories of the natural attributes of the PAGENO="0190" 180 area. How the area will be destroyed by mining is usually described vididly. Sup- port for such preservation programs is mustered from state and federal legislators and persons of national stature. This support is enlisted through influential organization members and by letter writing campaigns. Attempts may be made to pass punitive laws or zoning regulations which are directed toward severely encumbering or prohibiting mine development. Kennecott Copper Corp. has mining property under development in the Glacier Peak Wilderness area in Washington. Several years ago, it was awarded a great deal of uncomplimentary publicity both nationally and locally. This resulted from a drive by preservationists to establish a 1.5 million acre North Cascade National Park. Mining development was cited as a prime example of what could happen if the area was not preserved as a national park. Some of you may remem- ber the "Open pit that could be seen from the Moon" as publicized in a full-page ad in the Wall Street Journal. PROBLEMS OF EXPLORATION MANAGER ARE NUMEROUS Think about some of the problems an exploration manager must consider before committing scarce company funds to exploration in a Wilderness area: The Forest Service may contest the validity of unpatented claims based on lack of discovery. The Forest Service may refuse a Special Use Permit or use of motorized equip- ment on the grounds that the proposed activities or the use of such equipments is not consistent with wilderness preservation or compatible with the wilderness environment. Where there are no clear grounds, a permit can be delayed by holding public hearings. This is to obtain expert and lay opinion as to the interests and effects of the permits. Very often some serious objection to granting the permit or some reason for further investigation and delay can be generated by such a hearing. Experience of American Smelting and Refining Co. in the White Cloud mountains in Idaho is an example. If the Forest Service grants a Special Use Permit without a hearing, individuals or interested groups can call for reconsideration. Hearings will then he held on the grounds of an unconsidered interest or danger. Local zoning can be asserted to prevent development where existing codes can be so interpreted, or new zoning can be established. Such zoning probably would not be upheld in court, but could result in time-consuming litigation. Individuals or groups can take advantage of every opportunity afforded by law to review, study and reconsider decisions of the controlling government agency. An example would be the delay encountered on building of the Trans Alaska pipeline. If all else fails, individuals or groups may prosecute a Class Action Suit on behalf of all interested parties (Wilderness recreationists, etc.). Such action could temporarily or permanently enjoin road building or mining activity. Presumably, when the law does not grant an unqualified right to pursue the opposed activity, a court can issue such an injunction on a variety of temporary or permanent grounds. The power of condemnation is always open to the federal government. It is entirely conceivable that the government would be willing to condemn a mineral property and pay its fair market value to prevent a mining operation. It is an exploration manager's responsibility to minimize the commitment of exploration funds and to obtain maximum probability of success in locating an ore body. An integrated reconnaissance program involving men, aircraft and geo- physical or equipment contractors requires large sums of money. There are severe financial penalties for poor timing. When large development funds are committed, land control and unimpeded progress toward profitable production must be guar- anteed. The specific rehabilitative and environmental control measures required need to be defined. Uncertainty in any of these matters greatly increases the al- ready high risk of no return from exploration expenditures. PAGENO="0191" 181 LEGAL UNCERTAINTIES INCREASE RISKS We in the mining industry have an obligation to maintain a healthy domestic mineral industry-an industry which can continue to supply a large portion of the raw materials so essential to our economy. This is becoming more essential than ever because of the growing tendency of foreign governments to impose difficulties in the way of U.S. companies in developing sources of minerals. The intent of Congress to continue mining rights is clearly expressed in the Wilder- ness Act. We should have the right to give Wilderness areas the exploration attention Congress allowed. However, we are finding it difficult to do so because of unpredictable risks occasioned by unduly restrictive regulations inconsistently administered. The risks are increased by legal uncertainties generated by the activities of special interest groups. There are only 13 years remaining to exercise Congressional intent under the Wilderness Act. So far, we've let seven go by without much effort. Many of the situations I have described may very likely extend to all areas of federal lands in a short time. It's long past time for the mining industry to cooperate, organize and make a positive effort to cope with this serious problem. PAGENO="0192" PAGENO="0193" RECLAMATION [From the Wall Street Journal, May 24, 1971] HIDING THE SCARS-SOME STRIP-MINED LAND Now Is BEING RECLAIMED, BUT TASK Is ENORMOUS TODAY'S MASSIVE MACHINERY MAY BAR FUTURE RECOVERY; TOUGH LEGISLATION URGED How to Make Indian Mounds (By Everett Groseclose) Gene Lanning, a maintenance supervisor for Ohio Ferro Alloys Corp., likes nothing better than to see Friday afternoon roll around. As soon as the whistle blows at the factory in Philo, Ohio, he jumps into his camper and roars out into the sticks. In southeastern Ohio, weekend camping is as common as strip mining for coal- and that's really common. One thing, however, sets Mr. Lanning apart from out- doorsmen in other parts of the country, and that is his favorite camping ground. "To look at this," Mr. Lanning declares as he waves his hand to indicate the wooded hillsides and ponds that stretch for miles southward from the hamlet of Cumberland, "you might never know it's been strip-mined. Why, the way it is now, it's almost as good as it was before the miners came in." Streams and ponds are alive with fish; deer hunting rates as some of the best in the state; beaver'and muskrat are trapped during the winter. It hasn't always been that way. Barely 20 years ago the valley that yawns southward from a small mountain known as Windy Hill looked more like a moonscape than a landscape, the handiwork of miners in pursuit of coal. Hundreds of acres, often as far as the eye could see, were chewed up and spit out by giant power shovels, leaving a terrain of jagged rock, deep trenches and mountains of raw, desolate earth. ENVIRONMENTAL DESTRUCTION CONTINUES Throughout the Appalachian coal belt, thousands of acres, laid waste by miners as soon as they had scooped out the last chuncks of coal, are still the way the countryside near Cumberland once was. Moreover, such environmental destruction is still going on, because strip mining for coal, one of the cheapest of industrial fuels, continues to grow. Thus, the coal-mining industry is booming, particularly in states such as Ohio, Pennsylvania, Kentucky and Tennessee. But changes are clearly in the wind. Two counties in Kentucky have outlawed strip mining. In West Virginia, the state legislature has enacted a two-year ban on strip mines in 22 counties so far untouched by them. In 33 other counties, strip mining remains legal, but efforts to outlaw it are believed to be gaining support. And in Ohio, a bill backed by powerful conservationists would, among other things, require strip miners to restore land to its original contour. In addition, President Nixon recently proposed federal regulations that would require all states to set standards for reclamation within two years. But Rep. Ken Hechler, a West Virginia Democrat who calls the Nixon proposal "toothless," wants faster and more decisive action. He introduced a bill that would ban strip mining for coal within six months after enactment and provide federal funding of reclamation in a limited number of instances. THE HAvOC OF STRIP MINING Whether legislation to control strip mining and force reclamation of old sites will ever get through Congress remains to be seen. But a visit to southeastern Ohio, where two of the country's largest strip-mine operators have been working and reclaiming some land for years, gives an observer a fairly good picture of the havoc brought by strip mining and what a certain amount of land might eventually (183) 69-142 0 - 72 - 13 PAGENO="0194" 184 look like if stiff reclamation laws are passed. It also helps explain why many students of strip mining are convinced that reclamation of land currently being ~ stripped by mammoth machines may be impossible. "The first thing that hits you when you get into strip-mining country is the mind-boggling immensity of the problem," says Richard L. Lancione, a lawyer in Bellaire, Ohio. He heads a group called Citizens Concerned About Strip Mining, which is sponsoring the Ohio law. "Literally thousands and thousands of acres have been turned upside down, destroyed for all' practical purposes," he says. The kind of devastation Mr. Lancione is talking about is much in evidence about 10 miles west of Cumberland where Ohio Power Co a unit of American Electric Power Co operates what is said to be the world s largest power shovel Known as "Big Muskie," the machine's boom is so long the operator frequently can't see the 220-cubic-yard shovel in the early-morning fog. The shovel, operating from the bottom of a trench, is capable of stripping off soil-called overburden-to a depth of more than 160 feet to expose a layer of coal. Once the overburden is stripped off, it is called the "spoil bank"-a term critics say is extremely accurate. Surrounding the shovel are hundreds of acres of devastated earth and jagged rock. Trudging along the bottom of the trench, Walter Smith, a young forester who is superintendent of reclamation for Ohio Power, says that "as soon as the stripping is finished, the bulldozers move in to grade the surface in effect shaving off cones of piled soil. After grading, Mr. Smith says, "we move in to plant seedlings." THE TREE-PLANTING APPROACH Ohio Power's basic approach to reclamation involves planting trees, which the company hopes may someday be reaped as lumber. "We plant about 1,000 seedlings per acre, and we reclaim about 1,300 acres per year," Mr. Smith says. But even to the untrained eye, it is clear that areas mined in recent years can never regain their original appearance and vegetation, largely because mining machines in use today leave such devastation Areas mined years ago, generally with much smaller equipment that left much smaller scars, are usually the spots that companies point to with pride as having been reclaimed. And, indeed, some such areas are relatively attractive. For in- stance, the wilderness area frequented by Mr. Lanning of Ohio Ferro Alloys was mined with small equipment more than 25 years ago. Trees that were planted then are nowup to 40 feet tall and 18 inches in diameter. They help hide the ugly "final cuts"-trenches more than 50 feet deep on their uphill side left when the shovel made its final pass. How such areas would look today if larger' mining equipment had been used is sheer guesswork. But critics familiar with the techniques of mining agree with 47-year-old Mr. Lanning, who. has watched strip mining all his life, when he says he believes that "it would look absolutely terrible." Nonetheless, such areas illustrate what can be accomplished in certain location with reclamation With its trees growing nicely, Ohio Power decided in 1964 to polish up its image by carving out primitive campsites in the reforested acreage south of Cumberland. Currently the company has 18 such campsites. Visitors, who must obtain a free permit from the company, can hunt on the property or fish in some of the 300 ponds the company has created-most of them by damming up final cuts every few hundred yards. "On the weekends during the summer, I'll give you a dollar for every pond you can find that doesn't have a fisherman on it," Mr. Smith says. If Ohio Power's reclamation projects are partially successful, they are also parth "showcase" efforts. Others have gone even further. A striking example of showcase reclamation and what can be done if enough money and effort are pumped into the job can be found near the village of Cadiz, about 35 miles northeast of Cam- bridge, Ohio There, Hanna Coal, a division of Consolidation Coal Co , has built a 400-acre public park Called Sallie Buffalo, the park comprises a 27-acre lake, parking space for house trailers, a lodge for parties and facilities for picnicking and camping Thousands of lovers of the outdoors visit Sallie Buffalo each year, and long-time residents of the area are the first to say the park is a vast improvement Walking along the shore of the lake as he flips a lure into the water and then retrieves it, Herman Eberling, a retired steelworker, tells how he has "lived around here all my life." Mr. Eberling adds: "This park is certainly a lot better than the way it was when the country was all torn up, but it's still old beat-up mining country." PAGENO="0195" 185 PROVING IT CAN BE DONE C Arthur Wallace, general superintendent for land use and reclamation for Hanna Coal, estimates that ilanna has put $130,000 into the park and its facilities "Yeah," he concedes, "it's awfully expensive-too expensive to do very much of it We did it mainly just to prove it could be done, but I think it's worthwhile from everyone s viewpoint Hanna Coal has also been workiug on a far more economical approach to reclamation near Cadiz The company has planted 12,000 acre of strip mined land with a perennial legume called crown vetch In certain types of soil, the legume grows well and cattle thrive on it Showing a visitor across the gently rolling pastureland stocked with registered Hereford cattle that the fussiest rancher would take pride in owning, Mr Wallace says that Hanna Coal is "making a tiny profit" on its cattle operations "The company keeps asking me what we're going to do with all this (stripped) land," Mr Wallace declare~ "My answer is that five year~ from now we're going to be in the cattle business in a big way" In Hanna Coal's case, that may be true But certainly it isn't true for many other coal-mining concerns. The reason: Hanna Coal is unusually fortunate. The overburden on much of the land mined by the company is mostly limestone Unlike so-called acid sandstone, which covers most seams-or layers-of coal, plant life grow~. relatively well on lime tone spoil bank Says Mr Smith of Ohio Power: "When you've got a spoil bank that's acid sandstone, you just plant your trees and pray The type of spoil created by strip mining is indeed a crucial factor in the difficulty of reclamation Nothing will grow on soil that contains small chunks of coal or powdered coal The earth directly above most coal seams is heavily acid This type of material is sometimes the last to come out of the final cut thus it is what occasionally goes on top of the spoil bank GETTING RID OF THE `GOB In addition numerous companies have run into difficulty in disposing of a waste product from coal that is called gob Essentially gob is inferior coal In many cases it is removed from mined coal before the fuel is shipped to its user Compa nies have tried various means of disposing of gob usually involving one kind of attempt or another at burying it in low lying areas and covering it over with non toxic soil Frequently burying gob works poorly Hanna Coal s Mr Wallace for instance says that attempts to bury gob on about 250 acres near Cadiz have been only partly successful The problem is that rainwater tends to seep through the non toxic overlayer into the gob drain downhill and emerge at a lower terrain level polluting both land and streams Such seepage often results in drainage almost the color of blood. "That water will eat the nails right out of your boots," says Donald E. Richter, field director of the Ohio Reclamation Association, a group formed in 1945 by coal mining concerns to handle much of their reclamation work Rugged terrain also sometimes makes it impossible for miners to reclaim strip mined land Particularly in mountainous Appalachia experts say the terrain is simply so rough that power shovels can make only one pass throwing the spoil downhill In many instances the mountain is so steep that the spoil disperses itself as it tumbles downhill leaving only the ugly final cut and no spoil bank to grade Most critics object the loudest to abandoning final cuts with little or no effort to reclaim the land The reason of course is that the final cut is the most obvious and lasting scar Even in countryside that isn t particularly mountainous the final cuts are almost never filled Instead, they are dammed up every so often which allows the toxic materials left in the bed to be covered by water Once these cuts are covered, the posionous effect of coal is contained Fish, beaver and other forms of wildlife can thrive in such ponds THE COST OF FILLING Still critics decry the scars and generally contend that coal mining companies should fill them in Thus far in most parts of the country coal companies have successfully resisted drives to require them to fill final cuts Their motivation is simple The cost of filling in the high wall is very very expensive That s why its not done, declares Mr Richter of the Ohio Reclamation Association Besides, he adds, `by knocking off the top of the high wall you only ruin more surface area PAGENO="0196" 186 Still another major reason companies are reluctant to put money and effort into reclamation projects is that they plan to mine most areas again. Take Hanna Coal's crown-vetch pastureland, for example. "We're nowhere near through mining around here." Mr. Wallace says. With the development of larger equip- ment capable of digging ever deeper after one of the 12 seams of coal below the surface in Ohio, companies can reach coal that wasn't possible before. Typical of what has happended and what is continuing to happen is Mr. Wallace's prized pastureland. It was first mined almost 40 years ago with an eight-cubic-yard shovel. Then came a 22-cubic-yeard machine. Later came longer-boomed shovels that would move 45 and 65 cubic yards in one bite. Cur- rently a 105-cubic-yard Hanna Coal machine is operating in the area, and larger machines, such as Ohio Power's Big Muskie, are being developed. A variety of other problems also make reclamation difficult; not the least of these is time. For many areas, planting trees is the most logical step. But a year- old tree usually is barely more than a sprig one foot to three feet tall. Ten-year- old trees usually have attained a height of only 10 to 20 feet, depending on the and the soil condition. Generally trees take 20 to 25 years to mature. More mundane difficulties aren't unusual, either. A constant problem for opera- tors attempting to grade strip-mined land is dispersal of huge chunks of rock, sometimes as large as a two-story house. "When you run into a rock so big you can't move it, you just pile dirt around it and call it an Indian mound," Mr. Wallace says. PAGENO="0197" 187 /) 14 ~ ~ ~ 4~ ~( U /74 Own 41/7/ U~8~ DEPARTMENT OF AGRICULTURE Miscellaneous Publication No~ 1082 RESTORING SU1IF~kCE-MiN~ED LAND PAGENO="0198" 188 Contents Page Introduction - 1 Characteristics and physical condition 5 Spoil banks Climate 6 Erosion 6 Plant cover 7 Water quality and streamfiow 7 Ponds 8 Effect on wildlife 8 Safety 8 Accomplishments 9 Industry 9 Government 10 Research 11 Potential and challenge 14 Principles for a national surface mined land conservation effort 16 Information 17 Leadership and assistance 17 Conclusions 17 Issued April 1968 TYPES OF SURFACE MINING OPEN PIT-Exca atngfor tone sandandgra 1 on Ut d dgebyarmand v y te p Ut iope e d coppe h e m ne ai d p0 It fou d th n a mali by 1 e p0 in ate ai or a `tt t qua f Ii undo th at go y Som of these n ay b pe ated n one io ot on fo many AUGER MINING -Bor ng hor zontally nt a seam to get m e o 1 fte otr pp ng o fin shed A cutti g head- a ia g as 7 feet n d amete - d lied nto th earn AREA STRIPPING -B ggang a ser es of pa aiiei trenche and oai oc aped out along the auger threads in relatively flat or roiling terrain to get coal phosphate othe m ne al Spoil ate al placed n the p e on DREDGING -Remo ng sand and g avel gold or othe ut mad th m ne re embie th dges of a ashboard m no ala fro ii underwater or lowly ng aseas by a suct 01 th an pen tr nch he th lost t as made pump o d gg ng dev ce usually mounted oe a float ng barge Spo 1 piles may resemble those from area str ppi g CONTOUR STRIPPING -D gg ng around a h lie de in HYDRAULIC MINING -Us ng o pooserful 3et of water ep mountainous count y usually fo coal It creates t a h d n r e ode a banl to get gold or othe prec one a helf ben h ho d d the de edge by a b gh netalo 0 e eparated by d iferences n spec fic gray ty all that may be as much as 100 feet tail and on the a the mat al o fed through sin ces o othe doe ce PAGENO="0199" By the U.S. Department of Agriculture A power shovel as big as an office building bites into the earth, piling up row on row of rock and soil to get at a vein of coal . . An auger with a 7-foot bit bores into a hillside, and coal works its way out like wood shavings. A floating barge dips its big chain-bucket into a streambed for a load of sand and gravel.... An ore-laden train snakes its way out of a giant open pit . Through these and other operations man carries on the big activity of surface mining. He gets many minerals, fuels, and building materials that help our Nation grow `tnd that provide jobs in rural America. In the process, the land is changed-_laid bare, rearranged into parallel ridges, or scooped out like a soupbowl. Properly treated and managed, it can be returned to safe and productive use, even be- come a greater asset to the community than it was before minin,~ Left alone, it may produce only 189 RESTORING SURFACE-MINED LAND Introduction With today's large excavating equipment we can not only surface mine faster and cheaper but also reshape the landscape and rehabilitate the site easier. PAGENO="0200" stream-fouling sediment and acid and ugliness. For many years the U.S. Department of Agricul- ture (USDA) has been helping private-land owners restore their surface-mined land as part of their regular programs of wise land use and con- servation treatment. USDA also has done restora- tion work and research studies on the public land it administers. Its experience and skills range all the way from preplanning mining to prevent offsite damage to development of a mined area for highly intensive uses. Through studies and experience and through participation in the 2-year National Surface Mine Study under Public Law 89-4, USDA has gathered a great deal of information about surface-mined- land conservation progress and needs. In this re- port highlights of the data are given as well as ideas for future action, suggested by research and experience, that can speed restoration of the sur- face-mined land that is intermingled with farm. ranch, forest, and other land in rural and subur- ban America. SURFACE-MINED LAND-BY STATES.- An estimated 3.2 million acres of land-some in every State-had been disturbed by surface min- ing by January 1, 1965 (tables 1, 2). DISTANCE FROM POPULATION CEN- TERS.-Surface-mined-lafld conservation is a rura~ opportunity. More than four-fifths of the mined land surveyed is at least a mile from communities with a population of more than 200. More than half are more than 4 miles from town. And 40 percent of the mined land cannot now be seen from any U.S. highway or passenger railroad. mont of Agriculture; and from estimates prepared by the field study group. 3 Includes anthracite, bituminous, and lignite. Most areas were close enough to communities, though, for a family to reach for an afternoon recreation outing. No urban growth was evident around two-thirds of them, which suggests that these areas are likely to continue in agricultural and related uses. OWNERSHIP-Ownership of the land and its minerals holds the key to use and conservation of these resources. Since most surface-mined land is privately owned, opportunity for improvement lies largely in local assistance programs of mutual interest and value to landowners and their neigh- bors-the kind of program already being carried on by the Nation's 3,000 soil and water conserva- tion districts and by State forestry agencies with USDA help. Increased assistance through these going programs could do the job. And since the mining industry owns more than half of the sur- face-mined land, it has a challenge to restore its property to a useful state and to prevent offsite damages. A survey of 693 surface-mine sites 1 in 1966 showed that many were scattered small acreages best treated as part of the total conservation man- agement of the farm and other areas with which they are intermingled. Nearly 80 percent of the sites were in forest, farm, or grassland or reverting to forest at the time of survey. These same uses were being made of land adjacent to 86 percent of the sites. Less than 2 percent of the acreage had 1 Sites were selected at random from mined land throughout the Nation to represent the surface-mining situation. Of the total, 180 sites were mined for coal; 149 for sand and gravel; 100 stone; 49 clay; 49 iron; 48 gold; 40 phosphate; and 78 for eight other commodities. 190 TABLE 1.-Land disturbed by strip and surface mining in the United States, by commodity, Jan. 1, 19661 Ia thousands of acres] Mineral - Contour ~ Quarry- Dredge, 5trip mining Into a on pit hydraulic, Grand -- hillside below Total and other lotal' Area Total ground methods ~ 637 1,302 1,302 258 296 82 371 453 74 823 8 14 100 127 227 241 8 8 1 3 4 191 203 26 36 22 44 66 7 109 49 77 13 93 106 183 31 38 30 96 126 164 12 23 59 51 140 163 ...__ ._.___ 1,029 1,794 307 815 1,122 272 3,188 Coal3 665 Sand and gravel 38 Stone 6 Gold Clay 10 Phosphate 28 Iron 7 All other 11 Total 765 Acreage by method of mining estimated from random sampling survey. 2 Compiled from data supplied by U.S. Department of the Interior; from Soil lionservation Service, U.S. Depart- PAGENO="0201" w L~J C~C~Qo~c~ OO~©~ 00 Oo 0000 ~0 ~ 00 ~ 0o~po~: ~ 00 I ~coo-~ao0~0000~ g PAGENO="0202" been set aside solely as outdoor recreation or wild- life areas; usually these are compatible with other uses of the land. SURFACE-MINED LAND-BY COMMODI- TIES-More than 50 minerals are produced by surfacemining in the United States. About 95 per- cent of the acreage disturbedby 1965 was for seven commodities: Coal, about 40 percent; sand and gravel 25.percent; stone, gold, clay, phosphate, and iron 30 percent. On two-thirds of the areas sur- veyed, the mineral deposit being mined was over 9 feet thick. This means great value from an acre but difficulty in reshaping the land to its original contours. Grading enough to satisfy intended land use is more practical. Some thin deposits might better have been left unmined where restoration costs would be proportionately high. AGE OF SURFACE MINES -Of the 693 sites sampled in 1966 10 were mined more than a cen tury ago. But most spoil banks and other disturb- ances are less than 10 years old, indicating a rapid rise in surface-mining activity. The acreage mined has more than doubled in the last 20 years. DURATION OF SURFACE MINING-More than half of the sites sampled were quarries or pits that had been operated for more than 10 years. Only a third of the sites had been operated for less than 5 years. Most were active long enough to have a significant economic impact on the community and usually other surface.mining operations began later within the same watershed or drainage area. 192 I Age of surface mines. Duration of surface mining in years. PAGENO="0203" Where storm-water control is inadequate, surface-mine spoils and the community may be damaged. Characteristics and Physical Condition Of the 3.2 million acres disturbed by surface and rock above the mineral deposit are shoveled mining, about a third needs no further treatment out and piled up in "spoil" banks. These banks are to prevent sediment or other damage to adjacent a mixture of soil, subsoil, and unweathered rock land and water. About 46 percent of these 1.1 mil- that is far from resembling a soil formed in nature. lion acres that need no treatment was stabilized Their characteristics vary greatly among mines, by nature over a period of years; 51 percent was and even within the same mine. Prediction of site treated through efforts of the mining industry and suitability thus is best done with the help of pro- individual landowners; and the rest was treated fessional soil scientists, agronomists, foresters, and by government at some level. other specialists. On the other two-thirds, newness of the dis- turbed area, distance from natural seed sources, or TEXTURE--Spoil texture influences the amount other problems make establishment of protective of moisture available for plant growth In general, plants slow or difficult. Steep or unstable slopes, spoil composed largely of sand has good aeration acidity, or stoniness are problems in some areas. but is apt to be draughty. Clay banks compact These are susceptible-in varying degrees-to easily and crust over during dry periods. Loams erosion and may contribute sediment and other and silty shales usually have enough fine material pollutants to streams that drain them. to hold moisture. On about 80 percent of the surf ace-mined land, spoil texture is adequate for Spoil banks growing adapted grasses and legumes for quick In surface-mining operations the layers of soil erosion control and to supplement tree or shrub 193 PAGENO="0204" 194 1,147,000 acres acceptably treated Area acceptably treated. plantings. Rock content on about three-fourths of the banks, however, restricts the type of equipment that can be used in revegetation. On about one- fourth of the banks the spoil is suitable for farm crops. ACIDITY-Acid problems are associated largely with coal mining. They are caused when minerals left exposed to air and water react to form toxic or corrosive substances. By itself, acidity does not directly influence plant growth. But it affects the availability of soil nutrients-dissolved minerals-and the num- ber of soil micro-organisms. Strongly acid soils may, however, dissolve enough elements to injure or destroy plants that absorb them. More than half of the sites have acid soils; 20 percent are acid enough to be a limiting factor in establishing plant cover; only 1 percent is so acid that plants will not grow. Acidity usually is reduced through weathering and leaching of the acid-forming ma- terials. SLOPES-More than 2 million acres (about 75 percent) have been mined on areas with original slopes of less than 20 percent-in the small water- shed projects with which USDA has beets working most of the mined areas have slopes of less than 10 percent. Only about 8 percent of the mined areas were on hillsides with slopes of more than 40 percent. Four-fifths of the affected areas were on side slopes, ridgetops, or isolated knobs from which storm-water flows need to be guided into defined stream channels-with grass waterways or chutes, for example. The other one-fifth were on valley floors close to rivers and subject to local flooding. Climate About four-fifths of the surface-mined land is in areas where rainfall and temperatures are adequate for plant growth. With adequate spoil conditions and proper preparation, plant estab- lishment and growth should be possible. On the other one-fifth, plants grow slowly because of too little or too much moisture, high temperatures, or unfavorable evapotranspiration ratio. Here spe- cial treatments and plants are needed to offset poor ecological conditions. Erosion About 2 million acres have evidence of sheet erosion. Some erosion is inevitable on fresh spoil banks, as it is on any bare soil. How severe it is depends on steepness and length of slope, extent of freezing and thawing, amount and intensity of pre- cipitation, and how water is concentrated on the spoil. Thus, the quicker a plant cover is established to protect against erosion the better. Forty percent or 1.2 million acres have eroded enough to form rills and small gullies. On 12 per- cent or 400,000 acres, gullies more than a foot deep have formed; these seem to be associated with long slopes created by grading. Sheet erosion is not a serious problem in either area stripping or dredging since most of the soil as o1 Jan. 1, 1965 A Cover conditions. 6 PAGENO="0205" movement is between spoil banks and little leaves the mine area. Sheet erosion is more serious in con- tour stripping. Erosion danger is greatly increased at the point where storm water drains from a surface mine because of th~e concentrated force of water. SLIDES--On about 3,600 miles of slopes left by contour and area stripping (called outsiopes), massive slides are a problem-especially where the subsoil is unstable. Slides may enter streams and even block channels. Their stabilization or removal would be costly and w-ould involve geology, soils, engineering, hydrology, and forestry skills. Slides of this size occur on about 10 percent of the total mileage of outsiopes. ACCESS ROADS-Mining haul roads are re- sponsible for much erosion, especially in mountain areas. About 1,650 miles of these roads have eroded so badly they need major repairs. Another 3,300 miles are moderately eroded. Access roads for most mines surveyed were under 7 miles in length, and many were of half a mile or less. Many would best be revegetated rather than kept as roads. The rest need careful management after hauling stops. Plant cover For newly mined land, the great need is to estab- lish plant cover as quickly as possible. Adequate plant cover reduces erosion and siltation in almost all cases, but it takes time. There is no "instant cover." Examination of sites capable of support- ing vegetation showed that 36 percent had plant cover of 40 percent or more. About 28 percent of the sites had less than 40 percent cover at the time but, in the judgment of the survey team, would develop adequate protective cover naturally in time. The other 36 percent of the sites will require seeding, planting, fertilizing, and other attention to develop adequate protective cover. It was estimated that three-fourths of the vege- tation had occurred naturally on ground with more than 10 percent plant cover, and one-fourth through the efforts of man. Variations in vegeta- tion appear to be associated with climatic condi- tions, spoil characteristics, nearness to natural seed sources, and age of the spoil banks. Half of the banks are less than 10 years old. Water quality and stream/low Surface mining in some areas is a source of water pollution, mainly sediment and to a less extent acid. Of the sites surveyed, 56 percent showed no pollution; 23 percent showed some intermittent pollution; and 21 percent produced considerable pollution. The survey team estimated that about 195 a third of the surface-mined land needing conser- vation treatment, or about 665,000 acres, needs some action to reduce offsite water pollution. Of the streams receiving direct runoff from sur- face-mined sites, 31 percent of those examined contained noticeable amounts of mineral precipi- tates. Water discoloration, suggesting chemical or physical pollution, was noted in 37 percent of the streams. Natural seepage from unworked coal and other pyritic material-from both surface and deep mines-causes limited local pollution. Access roads built of pyritic waste material also may be sources of acid water. Sediment is a problem where inadequate plant cover permits erosion and water is allowed to run off the site from roads, terrace outlets, outslopes, or slides. It is particularly severe in areas of high- intensity storms and steep slopes. Sediment generally was not present in small streams more than 2 miles from the mine area. But of 14,000 miles of stream channels affect6d by sur- face mining, half have had their water-carrying capacity reduced; along 4,500 miles capacity was moderately reduced, and along 2,500 miles capacity had been affected only slightly. Self-contained mining sites-quarries, dredged areas, and some area-stripped sites-do not have enough runoff to warrant costly storm-water con- trols. Contour-stripped areas can be used to man- age runoff in much the same way as broad-based Stream capacity reduced by cediment from surface.min- ing operations. PAGENO="0206" 196 37~--- ~\ F t3~* 4. Farm and forest recreation 27%* 5. Cultivated 3% * Multiple use 16% lincluding building sites, water surfaces, golf courses, etc.) Potential uses of surface-mined lend. terraces But on 98 percent of the surface mined land studied in Appalachia--where most contour stripping is done-storm-water runoff control was not adequate to prevent erosion, sediment, or flooding. On these areas, vegetative and mechanical meas- ures or a combination are needed. An example is the need for grading within some surface-mine pits to control storm runoff. About 75 percent of the sites need some grading, and only 45 percent have received any.. Grading too much or on the wrong soil material, though, may make matters worse; special c'ure and techrncal issistance are needed In some areas of the West minor reshaping of some banks is adding to the beauty of the landscape. Ponds Many surface-mined areas have ponds or depres- sions, especially where area stripping has been done. Forty-two percent of the ponds are smaller than an acre, 40 percent are 1 to 10 acres, and 18 percent are larger than 10 acres. Two-thirds are more than 5 feet deep. Acidity is a problem in some ponds-one-fifth of those studied had a pH rating of less than 4.5. The other four-fifths are less acid and include the larger and deeper ponds that have greater po- tential use. Some are being used even for municipal water supplies. Animal life was present in four-fifths of the ponds, but scarce in the acid ponds. Effect on wildlife Disturbing land and water for mining naturally disrupts wildlife habitat. State fish and game corn- missions reported to U.S. Bureau of Sport Fish- eries and Wildlife that nearly 2 million acres of wildlife habitat had been damaged by surface mining-68 percent of it east of the Mississippi River. Most damage resulted from: * Stream widening, affecting water tempera- ture and depth of spawning beds. * Lake draining. * Burying or removing spawning gravels. * Diverting surface flow. * Sediment. * Chemical changes in soil and water quality. * Removing food, nesting, and escape cover plants. * Forming high walls that limit animal access or movement (a problem on about one- fourth of the high wall mileage studied) Where proper restoration measures have been taken, fish and wildlife habitat has improved and often is better than before mining. Since the same kinds of wildlife use the mined site and adjacent land, there is opportunity for managing both areas together for wildlife habitat on private and public property. Safety One third of the mined areas studied had some safety hazard, usually water. On 22 percent of the inactive areas there was evidence of abandoned buildings equipment debris or rubble-some hazardous and nearly ~vll unsightly Ten percent had one or more deep-mine openings-without shaft sealing. Restoration measures, well planned and carried out, reduce the danger to public safety. Properly treated and managed surface-mined areas can help meet growing needs for outdoor relaxation. PAGENO="0207" A 4 year old shortleaf p ne plantat on on urfa mined land Accomplishments USDA s participation in surface mined land (tible 13) The survey team noted that the con conserv'thon begin in the 1930 s The Forest Serv servition districts considered restorstion of mined ice then beg'ui research on re~ eget'tting mined l'tnd `treas `is p'irt of the tot'd conserv'ttion ]ob on `md keeping `icid md sediment out of stre'ims individuil properties or whole witersheds nd `1 he Soil Conservition Service it time same time not `c separite or special ictivity begin helping hndminers improve their soil md During the sime 5 ye'ir period Stite foiesters watei resources md solve many land use and land through Federil State cooperitive progrims pro treitment problems smong them surfice mining vided technicil help to more thin 1 250 miner During one 5 yen period 1960-64 more thin ships in replanting ibout 37 000 acres to trees 5,000 land owners and operators in 500 local soil md witer conservition districts in 31 States Industry applied conservition memsures to neirly 128 000 Many mining firms `ire giving increased atten icres of surface mined lmnd with USDA help tion to the challenge of surface mined land con 197 PAGENO="0208" Landowners State Area parttotpattng servation. Reclamation associations formed in a number of States have their own professional staff to foster restoration work. Individual firms and their associations have restored many mined acres, conducted demonstration projects and experimen- tal plantings, carried on substantial research work, Properly selected and planted, trees can aid in stabilizing a mined area and increase its usefulness. and in general promoted effective conservation treatment of surface-mined land. For example, reclamation associations in the Appalachian region have done reforestation and seeding on 74,000 surface-mined acres. The Nation- al Sand and Gravel Association's members reha- bilitated 52 percent of the acreage they mined in 1965, compared with only 25 percent just 2 years earlier. Phosphate mining firms in Florida, be- tween 1961 and 1966, voluntarily restored 75 per- cent of the acreage mined during that period. Where mines are near urban areas, many phos- phate miners have made plans be/ore mining for later development of the site as residential, com- mercial, or recreation areas. And surface-mine operators in 22 States have formed the Mined Land Conservation Conference to promote restoration of mined land for useful purposes. Many other firms and commodity groups have yet to follow these examples and respond to the challenge of surface-mined-land conservation. Government Fourteen States have laws requiring restoration work, most enacted fairly recently. Their provi- sions are compared in table 4, with three excep- 198 TABLE 3.-Snrface-mined-kcnd treatment bg co- operators with soil and water conservation districts, 1960-64 Acres Number Alabama~ - 931 88 Arizona 1,000 3 Arkansas 809 66 California 3,246 116 Colorado 557 38 Florida (1,326 89 Georgia 970 252 Idaho 268 22 Illinois 6,367 94 Indiana 848 68 Iowa 122 18 Kansas 1,515 73 Kentucky 13,784 1,139 Louisiana 1,038 127 Maryland 403 16 Michigan 1,378 130 Mississippi 3,350 229 Missouri 2,546 33 Montana 4 1 Nebraska 1,896 194 New York 824 93 Ohio 23,613 433 Oklahoma 5,866 232 Pennsylvania 13,043 306 South Carolina 8,441 140 South Dakota 2,945 77 Tennessee 1,830 42 Texas 1,110 26 Virginia 10,102 58 West Virginia 11,890 887 Wisconsin 725 165 Total 127,747 5,255 To speed the restoration job, professional assistance is needed in classifying spoil banks and interpreting the data for various land uses. 10 PAGENO="0209" 199 tions. Georgia and Kansas enacted laws that call for establishment of State boards to license and regulate surface mining and enforce restoration. Montana's law authorizes its Bureau of Mines and Geology to enter into contracts with coal strip- mine operators. Amounts spent for restoration work can be credited against the coal license tax. No bond is required. A restoration-plan map is called for that includes covering exposed seams, grading ridges that are near highways, construct- ing earthen dams, and planting recommended species for later forest or grazing use of the mined area. Work usually must be completed within 3 years after mining. In addition, Iowa, North Carolina, and North Dakota have established advisory boards or com- mittees to suggest restoration programs. In Colo- rado, coal-mining firms and the State's Depart- ment of Natural Resources have a voluntary contractual agreement dealing with restoration. This arrangement will be watched with interest. A few other States have some control over sur- face mining through water-pollution-control sta- tutes. State funds have been made available to universities and foundations for research and demonstration activities. Some local governments have used zoning regu- lations to control mining and require restoration of the land. Beyond assistance to private-land owners, the Federal Government also has made some headway in restoring surface-mined areas on public land and is engaged in research work. Research USDA is the recognized leader in basic research on surface-mined-land conservation. Most research now underway in government and industry is in six categories: (1) Revegetation-developing plant species that will provide quick cover or permanent growth and comparing various combinations of seedings. H ~;//!~I/', (~I ~,j ~ Water is a natural companion to surface.mined areas. Planning for its collection, control, and storage can enhanct~ the usefulness of the site and reduce offsite damages. 69-142 0 - 72 - 14 PAGENO="0210" 200 TABLE 4.-State surface-mining licensi.cre, State Minerals covered Liconso or permit Bonding requirement Illinois All Required. $50 for 1st acre, plus $200 per acre with a minimum $5.50 to $11.50 per additional of $1,000. $600 per acre acre depending upon quantity. with a minimum of $3,000 for gob which cannot be vegetated. Indiana (new law effec Coal clay and shale $50 plus $15 per acre Minimum $2 000 at the rate tive January 1, 1968). of $300 per acre. $225 per Administered under acre is released on comple- poltctes of natural re t on of gradtng requirements sources commission. Iowa Coal, gypsum, clay, Original license, $50. Renewals an- Equal to the estimated cost stone, sand, gravel, nually, $10 per year. of rehabilitating the site as or other ores of mm- required in sec. 17 of the eral solids for sale or act. processing. Kentucky Coal, clay (except ball Required. $50 per year, plus $25 per $100 to $500 per acre, with clay), acre. Approved reclamation plan a minimum of $2,000. before issuance of permit. Map accompanytng request for permit must be certified by a registered professional engineer. Maryland Coal Requ red to register with Bureau of $200 per acre for land affected Mines, and $100 1st year and $10 with a minimum of $1,600. renewal each year. Cash deposit is acceptable. Oh o Coal Requ red $75 per year plus $15 per $300 per acre w th a m n acre mum of $2 000 Cash de ~05 t is acceptable Oklahoma All Perm t $50 per year flat fee $50 per acre or assessed value of the land the preceding year, whichever is lesser. Cash or government secu- rities acceptable Pcnnsylvan a Anthrac te and bitumi L tense or perm t $300 per year flat In any case not less than $500 nous coal fee Mining and backfllling plans per acre but regulat ng equ red before permit ssued agency may bond to $1 000 per acre if cond tions war ant M n mum bond $5 000 Tennessee All sal d mater ale n Requ red Fee of $250 pe year plus Not less than $100 nor more natural depos to cx $25 per at e not to e ceed $750 than $200 per acre as de cept limestone, termincd by State Commis- marble or dimens on s oner of Conservation stsne. 12 PAGENO="0211" 201 bond and reclamation requirements Reclamation required Refuse Substitution olsites Cond t on ng to make su table for product ye use nclud Slu ry to be onfined n de Sub)ect t app oval of Dc g forest y gra ng a opping wildl fe cc eat o p ceo one o by levees and partment of conservation aI d bu Iding e tes accord ng to a plan R dges to be screened w th bo de plant struck off a m nimum of 10 feet for forestry 18 feet for ngs Infert Ic gob to be pasture and graded to allow use of fa m mach ne y covered by a m n mum of for cropland Plant spec es to be used must be ap 4 feet of product ye ma proved by the department of conservation. Acid terial. To be reclaimed forming material to be covered by 4 feet of water o w th n 1 year after act ye other mater al capable of support ng plant 1 fe To be use completed within 3 years following the permit year except planting will be delayed where weathering is needed to establish plants. Grade to a rolling topography to educe eros on and per Remove or bury all metal Subject to approval of regu rn t best land use Acid mater als n final cut to be coy lumber and othe refuse lating agency Substitute ered with water or earth. Establish satisfactory resulting from operation, site must be an equal area vegetative cover prior to bond release Subm t plan of prey ously mined by the reclamation prior to mining. Roads constructed to operator requesting such minimize erosion. Damming of final cut to form lakes. substitute. Spoil bank when feasible. Avoid acid forming materials No specific provisions No specific provisions. on surfaces of spoil. Grade spoil banks to regular slope of not over vertical rise of 1 foot for 3 feet horizontal except when original elope was greater. Control drain- age Cover ac d forming mater ale w th 2 feet of ea th Spoil grading concurrent with operation and reclamat on Remove or bu y all metal Allowed w th respect to plant completed w thin 12 months of perm t exp ration lumber and other refuse ng only subject to ap Stand percentage complete prior to bond release, resulting from operation. proval of division if inves- Coverage of acid producing mater al No depositing refuse or spoil tigation shows that revege material into public roads, tation of original site may streams lakes subter not be successful ranean waters, or other public property. Rules and regulations of Bureau of M nes Spoil graded No provisions No provisions to minimize erosion depress one and steep slopes Overburden graded to cover final pit. All openings from underground mining sealed off. Impoundments ap- proved by Department of Water Resources. Grade to rolling topography to reduce erosion and per Loose coal mine refuse and Subject to approval of Divi m t logg ng o graz ng Grad ng of solated peaks oth debris to be graded sion of Reclamation Af Access roads and fire lanes Construct on of earth so as to reduce the p lee of fected a ca to be eubst dame n final cut Reclamation complete 2 yea s from such mater al and make tuted must be equal acre completion of stripping. Substitution, possible its submergence in age to the original area water. If not covered by affected. water, material shall be covered with overburden. Grading to rolling topography Cover ac d material with No prey e one Subject to approval of Dc at least 2 feet of soil F re lanes will be bu lt n forested partment of Mines and areas Mm ng B turn nous -Or g nal slopes 12 or less backfill to o g No spec fic provie one No statutory provis one nal contou 0 g nal elopes mo e than 12 te ac howeve the operato may h gh wall backfilled to 45 angle Stream polk t on opt on not to plant and to from ac d d a n ge not perm tted pay $100 per ac e to Stat Anthracite-Pits near roado and buildings must be corn- instead. pletely backfilled. Peaks and ridges must be rounded off Backfill ng to be completed w th n 6 months afte end of operation. Disturbed areas to be planted to t es h ub gr os w th n 1 yea afte omplet n of rn n ng epe t on o fo fe t $100 pe ac Co 1 -Coy ing of e posed al d a nag nd wat R m v o v all met 1 N p v e on f eubot tut n ontr 1 G ade t prese v ot nt oade and p ov d lumbe nd th a efus Act appears mb ge oc fav able ond t one fo r v getat on M n mum c st t v getat n One sect on tat ope ato p0 1 20 f et w de (If reoto ed fo normal ci it v obl got on not d echo ged to op rato r 1ev d f fu the eh bit ton) untirevegetat on meet Othe m ter ale -M n mum c cot I epo 1 15 feet w de Comm se oner s standards Plant trees, shrubs, graeoee, and so forth up to $25 per another that maximum acre one t me Ope ato may pay full ret mated cost piano ng e peneee of $25 of revegetation and be relieved of further reeponei- per acre shall be required. bil ty (If estored to pe m t no mal cult vat on operator rd eyed of furthe rehab 1 tat on) 13 PAGENO="0212" 202 TABLE 4.-State surjace-mirung licensure, State Minerals covered Liceose or permit Boodiog requiremeot Virginia Coal.only Required. $150 initial fee. Permit approval based on approved recla- mation plan and initial bonding of $75 per acre, based upon num- ber of acres of land tbe operator estimated will be disturbed by strip mining during next ensuing year, with minimum of $2,500, before issuance of permit. In ap- proving plans of reclamation and issuing rules and regulations, soil and water conservation district supervisors may be asked to ad- vise, assist, and provide local facilities. Prospecting permit: $150 per acre for Minimum $3,000. $100 to area disturbed during prospecting. $500 per acre disturbed. Permit to surface mine: $100 initial Director of Department of fee, $50 annual renewal. Natural Resources will set Special reclamation fee: $30 per acre rate per acre. for land disturbed. (2) Chemistry of overburden and spoils-iden- tifying soil and rock mixtures, soil and water characteristics, and effects of fertilization and weathering. (3) Hydrology-studying water and drainage effects, sedimentation, and ground-water move- ment and storage. (4) Earth movement and placement-finding new or adapted equipment and methods for mining and more economical restoration. (5) Haul roads-designing better and safer ac- cess roads as well as better hauling equipment. (6) Land use potentials-making guidelines for finding the best use for a mined area consistent with the community land use pattern and needs, char- acteristics of the mined land, and cost-return factors. There are many areas of study in which more research is needed to improve both surface mining and the reuse of the mined areas: Comprehensive knowledge of physical and chem- ical characteristics of spoil materials is needed, as well as interpretations or ratings of surface-mined areas land use potentials or limitations. Better methods are needed for lifting, moving, piling, and relocating overburden, especially on sloping land. More knowledge is needed about the responses of many different plants and about their useful- ness for landscaping, screening, protective cover, wildlife habitat, and soil building. Improved methods of preparing surface and subsurface water storage are needed to make effective onsite water use and prevent pollution and excess runoff. Potential and challenge Properly planned, treated, and developed to blend with adjacent land use patterns, most sur- face-mined areas have great potential (table 5). Thirty-two percent of the areas surveyed provide an outstanding view of mountains, valleys, or lakes. Haul roads can open up many areas to vis- itors for the first time. Ponds can give an area greater economic value than it had before mining. And most areas can be kept in private ownership. With today's growing land use demands, partic- ularly farm and forest recreation, these opportuni- ties deserve attention. The challenge to USDA is to assist in developing resource uses in surface- mined areas that will be compatible with one another and with uses of adjacent land. A similar challenge is to make sure that the optimuni benefit-both to the landowner and tloe community-is derived from each dollar spent in mining and land restoration. Some shallow deposits would better be left unmined where res- toration costs would be prohibitive. Some mined sites would best be treated to prevent offsite dam- age but not developed. In some areas, mined land can be treated and managed for intensive use. Within 30 days following an- niversary date of issuance of permit, operator shall post additional bond in amount of $50 per acre for each additional acre of land estimated by him to be disturbed during the next year following anniversary date of permit. West Virginia Coal, clay, manganese, iron ore. 14 PAGENO="0213" U a 0 0 c~. ~ 00 ~ ~ ~ 0 ~ oco -~ ~ -~io ~c 000~~ooc~ 0 0 0 0 0 0 0~ 0 0 0 0 0 0~ 0 0 0 0 0 a 0 0 U! ~II ODOO P ~ 0CD~ 0 ~ - 0 0 ~ ~ `111110! 0 <00 PAGENO="0214" fifo th e w t pped th snnngfirznplnned p tof tsopertonto hpe nd eedth it fo th pasture-at no cost to the landowner. Principles for a National Surface Mined Land Conservation Effort The mining industry conservation districts and derground mines Control drainage from sites and all levels of government should work together to haul roads to keep toxic substances and sediment put practical principles into surface mining oper out of adjacent streams ations at every site WATER STORAGE -Create as many lakes as PREPLANNING -Make good mine housekeep practicable to aid water control and increase po ing and practical restoration measures an integral tential use of the mined site Dams and ponds part of plans for the site-before any mining should be designed properly to guard `~gainst activity begins Include a plan forboth interim and failure final land use where practicable STABILIZATION -While mining is going on AIR QUALITY -Help prevent offensive noises and air contamination by controlling use of explo- take steps to control erosion on the site and on - - - - . - - . sives fire and motorized equipment. haul roads including establishing quick growing plants. Plant permanent cover to protect the area - ~fter mining and reseed or replant where previous NATURAL BEAUTY -Plan operations so they revegetation has failed. have a minimum impact on the landscape. Make treatment work practical and pleasing to the eye STORM-WATER CONTROL-Plan control of surface runoff on a watershed basis to fit stream capacities and prevent harmful sediment deposits. WATER QUALITY-Place highly toxic spoil material only where it can be covered with other overburden or a permanent body of water. Seal off auger holes and any breakthrough to former un- 16 204 HEALTH AND SAFETY-Take steps before, during, and after mining to minimize hazards from equipment structures and water areas Mined land should be devoted to the highest and best possible uses compatible with the use patterns of adjoining land and with the geographic loca- tion, topography, and other site characteristics. PAGENO="0215" 205 In/ormation surface-mined land would have great value both Those involved in surface mining and restora- in finding potential sources of surface-mine de- tion of the areas-and those who use the prod- posits and in restoring surface-mined land to safe, ucts-must be kept abreast of social scientific and productive use. economic developments that affect their efforts. Since the problems and opportunities concern- Education in both the program responsibilities ing surface-mined land are largely on private rural and scientific aspects should be fostered by the property, USDA has a major responsibility to Federal Government. Universities and colleges provide Federal leadership and assistance in its provide formal knowledge in this field* the less restoration. formal is supplied by trade schools, correspondence The 186 million acres of National Forest under courses, field days and workshops, and on-the-job USDA lurisdiction are managed for mineral re- training. sources as part of overall resource management. Lectures, field demonstrations and onsite guid Since much National Forest land is intermingled ance in solving mined-land problems--the how-to- with privately owned land, the use and manage- do-it--would aid in extending new ideas new ment of one is coordinated with the other to methods and new techniques. provide maximum private and public benefits. Field trials or tests should be expanded to follow USDA works closely with private landowners through on basic research in plants techniques and with State and local governments. Its assist- and methods and to demonstrate their effective- ance on private land is channeled through soil and ness. USDA offices located in nearly every county water conservation districts, State foresters, and in the Nation can fill many of these information State and county extension programs. Each con- needs in their everyday dealings with local citizens servation district has a program that fits its local and groups. problems and is a central source of help in solving these problems. Most surface-mined land is in a Leadership and assistance soil and water conservation district. Federal and State agencies should make use of USDA endorses the type of national mined-land experience gained in activities closely related to conservation effort outlined in these pages. It is surface mining as guides to assistance in surface- a use of the same principles USDA has followed mining operations and conservation, for years in its cooperative work with private For example, USDA has leadership in develop- landowners. Accomplishments already made by ing and interpreting soils information and in help- soil and water conservation district cooperators, ing land operators make effective use of it. This the mining industry, and Government show that information with interpretations specifically for such a program can do the job. Conclusions Proper treatment of surface.mined land is an basis. Federal technical and financial aid should integral part of the total resource conservation be on a long.term contract basis. effort on private and public land. To this end, 3. That to deal with the problem of future USDA recommends as a four-point course of rehabilitation of surface-mined an d, Federal action: agencies extend their lenowledge and assistance to 1. That Federal agencies deimon.strate leader- States and producers of the 50-odd coinjinodities s/isp by restoring their surf ace.mined land. Each involved. Technical information should be dis- agency managing public land should develop a seminated as it is developed. Federal agencies plan for completing the job within 10 years. Each should study existing State statutes on mined-land agency should establish adequate safeguards to restoration (table 4) and develop model statutes. prevent harmful effects from surface mining on The goal should be the blending of knowl- its land in the future, edge and trust between all levels of industry and 2. That treatment of old mined areas be ~ government in the interest of mining with a mini- ce7erated, The Federal Government should partic- mum of adverse effects. 4. That Federal research programs studies and ipate witri ~tates counties, municipalities the field demonstrations be expanded. Many problems mining industry, associations, conservation dis- of treatin~ mine spoils have not been solved and tricts, private individuals, and others in develop- many opportunities remain unrealized, Present re- ing long-range, comprehensive restoration pro- search efforts are inadequate. The problems exam- grams-designed on a watershed or drainage.area med in this report need specific attention. 17 PAGENO="0216" The U.S. Department of Agriculture was represented on the study of surface mining required in Public Law 89-4 by Darnell M. Whitt, Soil Conservation Service, and Byron Beattie, Forest Service, members of the working committee. Theodore B. Plair, Soil Con- servation Service, and Edward A. Johnson, Forest Service, were participating staff members. Per sale by the Superlntsndent et Documents, U.S. Osvernment Printiag Office Washington, D.C. 20402 - Price 15 cents 206 18 PAGENO="0217" 207 After the Mining * USEFUL LAND By DARNELL M. Wl-IITT Soil Conservation Service U.S. Department of Agriculture THE SCIENCE of strip-mine reclamation Is comparatively new and still developing. Yet proof of achievement in this field lies in the hundreds of thousands of acres which are witness to the skills of the soil scientist, the agronomist, the wildlife specialist, the land use planner, and their associates. For over 30 years they have been guiding the changing of torn earth into useful and attractive pockets of countryside. An equally encouraging word reflects the interest of the min- ing industry in responding to the growing national concern over the quality of the rural en- vironment. Two million acres could benefit from reclamation The National Surface Mine Study, under Public Law 89-4, turned up the information that 3.2 million acres in this country had been disturbed by surface mining. Of this, more than two million acres would benefit from conservation treatment to re- store the disturbed areas to pro- ductive, stabilized, and attrac- tive condition. The remaining acreage-a lit- tle over a million-needs no treatment. Over half of this was reclaimed or stabilized through the efforts of the mining indus- try, individual owners, or some unit of government. Nature her- self, with processes slow and methodical, took care of the rest, using her own adapted grasses, shrubs, and trees. Soil Conservation Service offers assistance The Soil Conservation Service of the U.S. Department of Agri- culture, which since the 1930's has been dealing with strip-mine Reprinted From MINING CONGRESS JOURNAL May 1970 A planting of pines thrives on former strip-mined land near Lumpkin, Ga. The land was placed in nearly level condition during the mining operations and planted as a part of the owner's conservation program Mine operators in increasing numbers are looking at the opportunities for turning mined areas into useful, profitable and attractive tracts. The Soil Conservation Service of the U.S. Department of Agriculture stands ready to aid owners of mined land through 3000 soil and water conservation districts across the country Ohio Power Co. is owner of this area of strip-mined land now serving as posture for a dairy herd In the Morgan Soil Land Water Conservation District PAGENO="0218" 208 Soil scientist tests strip-mine spoil in the West Fe k So I Co s vat o Dist Ct of West Vi Year-old p e t e s appea to be g ow g vigorously on st p- ginia to determine what steps may be neces- mine spoil near Clintwood, Va. in the Lonesome Pine Soil and sary to get protective plant cover established Water Conservation District reclamation along with its regu- lar problems of soil erosion and land use, offers its assistance to owners of strip-mined land through the nation's 3000 soil and water conservation districts. The districts, subdivisions of state government, have been carrying on their own effective campaign to restore surface- mined lands to usefulness and beauty. In the five-year period from 1960 to 1965, more than 5000 land owners and operators in 500 districts used SCS tech- nical help, through the districts, to apply conservation to nearly 128,000 acres of surface-mined lands in 31 states. The districts consider the res- toration of strip-mined lands a part of the total soil and water conservation job, not a separate activity. Many mining firms, in cooperation with the conserva- tion districts, have used the help available to solve strip-mine rec- lamation problems. Individual companies and their associations have reclaimed many thousands of surface-mined acres. In the Appalachian region, reclamation associations have done reforestation and seeding on more than 74,000 acres. From 1961 to 1966, phosphate mine op- erators in Florida voluntarily restored 75 percent of the acre C w empl yed by the M a gahela So I Co se v t a D St 5 plants eedl g age mined The National Sand on a ttr p mi ed a ea near Ce te y W Va Each man can pta 5 ma e tha 800 and Gravel Association s mem t ees a day bers reclaimed more than half den that must be moved and the land disturbed in 1965. indicates where it should be The National Coal Association placed for both mining and rec whose members account for over lamation work a third of the strip mining now The Department of Agricul- being done encourages its mem ture pushing ahead in its effort bers to develop plans for recla- to raise the living standards of mation before the mining ma- many of the nation's rural corn- chinery moves in. An Ohio coal munities, looks at reclamation mining company takes aerial of strip-mined areas as one of photos of land to be mined. The its clear opportunities. negatives are projected on a . - plotter which traces contour Reclamation for recreation lines on a map. A computer then is one land use option reveals the amount of overbur The SCS believes that more PAGENO="0219" Alfalfa grows well on this lev- eled strip-mine area in Har- rison County, W. Va. The pond, protected by conserva- tion measures, produces a fine annual crop of fish than a fourth of the disturbed County by phosphate mining land can be reclaimed for rec- firms has been developed as reational uses. More than a third Saddle Creek Park-an expanse would support woodland plant- of nature trails, camp sites, ings, and another third would playgrounds, a marina and serve well in range and pasture, other facilities for water-based Some of the remainder would be recreation. Another tract, 1ev- productive cropland and some eled and filled according to a would be desirable for residen- mining plan, is being developed tial, industrial, and institutional for homesites. The companies development, cooperating with the Polk Soil Ponds and reservoirs, often a and Water Conservation District possibility in strip-mine recla- have had technical help from mation, can be developed for a the Soil Conservation Service. variety of uses Near Port Washington NY Near Lakeland Fla a 740 grading and planting have acre tract turned over to Polk brought usefulness and beauty 209 to many mined areas In Mis souri a landowner built an at tractive recreation area on 42 acres of strip mined land he bought in 1953. The SCS, the U.S. Forest Service, and the Mis- Couri Department of Conserva- tion gave him a hand through the Callaway Soil and Water Conservation District. The Agri- cultural Conservation Program another USDA activity fur nished trees and shrubs West Virginia soil conserva tion districts have been helping landowners restore surface mined lands for many years Owe f th bado d I Pt ed help fom USDA Soil Conservation Ser- c th th ghth 0km Igee (OkI I C ty S I and Water Conservation Dis- trict to develop this pond for fishing and boating PAGENO="0220" The districts employ crews ek- perienced in planting grasses, shrubs and trees. Disturbed land exists in all states All states have areas of land disturbed by strip mining and needing conservation work; al- though Hawaii, with 300 acres, barely qualifies for the list. There are at least 13 states that have 50,000 or more acres needing reclamation. These are Pennsylvania with 229,500; Ohio- 171,600; Florida-143,500 Texas- 136,400; West Virginia-ill,400; California-107,900; Illinois-88,- `700; Alabama-83,000 Kentucky- `79,200; Minnesota-71,500; Ten- nessee-62,500; New York-50,200 and Kansas-50,000. Information gathered by SCS shows that over nine-tenths of the mined acreage needing con- servation treatment Is in private ownership, most of it in small scattered parcels. The small tracts can usually best be treated along with the rest of the farmed area in a conservation farm plan. Most of the mined areas are shown to be within five miles of communities of 200 or more residents. About 40 percent are more than five miles from towns of this size. Control of pollution of mounting importance In the more than 50 Resource Conservation and Development Projects around the country, with the Soil Conservation Ser- vice giving technical help, Un- reclaimed strip-mine areas are inevitably examined by local planning groups for their poten- tial uses. It is the same in the national Small Watershed Program as- sisted by USDA. Land treatment gets priority rating as the con- servationists seek out erosion and other sediment-producing sources. With water pollution an in- creasing concern among con- servationists, the control of pol- lution from mining sites is mounting in importance. Of sites surveyed by the national study, over half showed no pol- lution; 23 percent showed inter- mittent pollution and 21 percent showed substantial pollution. The SCS reported that about a third of the mined areas need- ing conservation treatment should have some action to re- duce offsite water pollution. This amounts to about 665,000 acres. * Of streams receiving direct runoff from surface-mined areas, nearly a third of those studied contained noticeable quantities of mineral precipitates. Another third or more showed water dis- coloration indicating chemical or physical pollution. Of 14,000 miles of stream channels affected by surface mining, about half had water- carrying capacity reduced by sediment. An additional 4500 miles of channels had capacity moderately reduced. Along 2500 miles, channel capacity was only slightly affected. Industry moving ahead of requirements The surface-mining industry is giving increasing attention to the restoration of mined areas and appears to be moving ahead of regulatory requirements. Op- erators in 22 states have formed the Mined Land Conservation Conference to promote reclama- tion of mined areas. These ef- forts appear to be producing im- pressive results. Twenty states now have laws requiring mining operators to restore mined lands. Most such laws have been enacted within recent years. Reduction of pol- lution is high among the objec- tives of state laws. The trend in regulation is toward requiring that arrangements for restoring the mined area be made before license or permit to mine is granted. Opportunity to turn mined areas into useful, profitable and attractive tracts, blending with the surrounding countryside, is claiming the attention of an increasing number of mine op- erators as well as that of conser- vationists and concerned com- munities. Experience has shown that most surface-mined areas offer great potential. This, with the development of new skills and materials in restoration work, can be expected to keep progress at least on a level with today's land use demands. 210 Darnell M. Whitt began his career as a soil scientist with the Soil Conservation Service, Department of Agriculture, 35 years ago. He spent a number of years conducting soil and water conservation research and subsequently served as research liaison representative between the SCS and the Agricultural Research Service in the nine Corn Belt states. Later, from 1956 to 1959, Whitt was national liaison officer between the twa agencies. He was then assigned as director to the Farm and Ranch Planning Division for four years, fol. lowing which he was named to his present post as director of the Plant Sciences Division in 1963. Whitt has a doctorate from the University of Missouri, where he majored in soils and crops. PAGENO="0221" WESTERN MINING'S By EDWARD H. PEPLOW, JR. Executive Secretary Arizona Mining Association `The time has seen, the Wnlrrs said, To talk of many things, 01 dikes sad damps sad tailings panda, Of Rin~lsmnn's dark rings." WITH APOLOGIES to Lewis Carroll and a bow to President Nixon, the decade of the seventies is indeed that of the environment. It must also be the decade of abandonment for the mining industry- abandonment of its traditional reticence, its appear- ance of aloofness, and its surprising timidity. In all of the fields of environment control, the min- ing industry, judged by objective standards, has a highly creditable performance record. In Arizona, for instance, early in 1970 the copper industry published the fact that since 1965 it has spent or committed to be spent some $100 million on devices and equipment which diminish the contaminants emitted into the air by its smelters and other operations. Just in the last few months that expenditure has been swelled signifi- cantly, and the expectation is that it will continue to rise until the job is done. Public reaction to facts only mildly favorable. Still to date public reaction to the facts has been `csnly mildly favorable. In public meetings industry spokesmen state the facts, then ask whether any other segment-or all other segments combined for that matter-of Arizona's economy can make defensible claims even remotely approaching the copper industry's demonstration of progress and sincere effort. The public response too often is, "Well, yeah, but We have all become accustomed, over what seems an endlessly long time, to spokesmen for the industry and for government telling industry leaders that the industry must "seize the initiative," "buy time," edu- cate the public," "sell its story nationwide." Then, Located in some of Colorado's most scenic country, the Henderson project of American Metal Climax represents a $200 million venture to mine molyb- denum. During early work on the proj- ect, the company met periodically with conservation groups to develop a plan whereby the ore body could be mined with minimal impact on ecological values when the effort is made (at considerable effort and expense), the response scarcely seems to justify the trouble. The old system of stubborn defense and quiet infighting could be best after all. True - . . except for one new and apparently im- mutable fact: the public voice in matters of the en- vironment is not going to be muffled. It may occa- sionally seem to grow less strident; but it must be ac- cepted as one of the facts of life with which the mining industry is going to have to live for the fore- seeable future. Ignoring it will not make it go away; it will make it much, much worse, It has been suggested that the most effective first step in mounting a counter-offensive is to muster the facts of the industry's environmental case in one place in readily usable form. A fine idea, of course, except that no one has volunteered to donate a large library, a major computer and a staff of experts in the art of popularizing highly complex technological material, Thus Mining Congress Journal has made a feasible start by scheduling a series of articles on environmen- tal accomplishments of the mining industry. This, the first installment, concerns reclamation and restora- tion of surface disturbed land. Others will follow on air and water. Industry story told in bits and pieces For two reasons the industry's story regarding its efforts to ameliorate its effects upon the land has been told, at best, in bits and pieces. First, operators have a defensible reluctance to embarrass their colleagues by publicizing individual successes. The public's reaction to any success story predictably is, "They did it there, so let's force them to do it here." Second, the problems of land reclamation (perhaps especially in the West) are so complex and diverse that it is difficult to explain the intricacies without appear- 211 LAND RESTORATION EFFORTS MINING CONGRESS JOVRNAL PAGENO="0222" Special plans were developed for disposal of waste material and tail- ings at the Twin Buttes (Ariz.) mine project of the Anaconda Co. when de- velopment got underway in 1964. The objective was to make the mining op- eration blend into the surrounding landscape as gracefully as possible. Pictured are test plantings on the waste overburden dikes on the perimeter of the tailings reservoir ing esthe t def nd r t at onal e The ugi ness of "raped landscape" can be dramatized by the camera at least as effectively as can polluted air, and un- fortunately the average citizen has acquired such an habitual faith in science's agricultural ability that he tends to think we can grow almost anything almost anywhere. Finally, much too often, discussion reaches the con- versational impasse: "Unfortunately, part of the price we must pay for the minerals which sustain our nation's industry is a certain, minimal disturbance of the landscape." "Yeah? Well, I'm not willing to pay that price! I say we should recycle, import or do without." Scenic values surround Henderson project The impasse is not inevitable, however. In Colorado two groups of intelligent, fair-minded people proved that. When American Metal Climax was determining whether it had a minable ore body at its Henderson project, a major factor in establishing feasibility was control of the effects of the potential operation on the landscape. If the company could not use the land- scape for waste disposal and other inescapable facili- ties, obviously there could be no mining. If impossible restoration and reclamation requirements were forced on the company, the $200 million development would be rendered infeasibile. On the other hand, the deposit itself was located in some of Colorado's most scenic country, while possible waste-disposal areas presented serious difficulties either of engineering, of preservation of natural beauty or both. If the nation was to reap the benefits of the store of molybdenum nature had deposited there, resolution of the difficulties inherent in the situation had to be reached in advance of the company's com- mitting itself to a plan of action. Such resolution was attained by the now well known Experiment in Ecology. Over a prolonged period, the company met with leading environmentalists as repre- sented by such organizations as Thorne Ecological Foundation, the Colorado Open Space Council, and the Rocky Mountain Council on Environment. SEPTEMBER 1970 Even while the company was still engaged in mea- suring the deposit and making the multitude of other determinations on which the final decision whether or not to mine is based, it called on the various environ- mentalist groups of the state. In effect, Amax said to them, "We are considered experts in the intricate min- ing problems presented here. But you represent the resident expertise in the environmental field. We realize there are many potential serious conflicts. Let's work together now, in advance, at least to minimize, if not eliminate, these." Resolution of differences wasn't easy According to participants on both sides, it was not like magic. The problems did not disappear overnight. There were times when differences seemed insur- mountable, when the painfully slow progress did not seem to warrant the many, many man-hours of very basic rethinking of values it cost. Over the course of months it became evident that what they were discussing was whether, in this specific instance, the benefits to the local community, the state and the nation accruing from mining were as great as or greater than the benefits from totally un- disturbed landscape. Anyone who has ever become embroiled in such a discussion for even a few minutes knows it can get pretty doctrinaire. "Do you want to maintain civilization or regress toward the Stone Age?" "Do you want wantonly to destroy eco- systems with the result that very soon man will be unable to survive on this earth?" The happy. ending, of course, is that the Experiment in Ecology succeeded in evolving a plan with which both sides can live, a plan by which Climax can mine the deposit even while giving maximum consideration to preserving the ecological values of the area in volved A start at least was made toward a value structure in which the greatest good for the greatest number wss truly the crite on in both the short and long term views. Precedent set was significant But, to those who have watched the Experiment in 212 PAGENO="0223" 213 Ecology with close interest, perhaps its most significant Edward H, Peplow, Jr,, has been cx. contribution was its establishment of a precedent It t V Ct y of th A M did not resort to legal strictures It did not argue its B ~ A th th ~ ~ ~ ~ ~ ~ cases in the pubic prints It dd not invoke hgh ~ ~ ~ the A D p tm t emotionalism and panic as bases of action M e ~ R t t t th It d d p ove that right minded people working to d t Pepi w h b w t gether in mutual trust and respect, can eventually ~~`? subjects and an observer of arriv at a course of action acceptable to both yielding h the th f th ~ m most of the benefits each seeks and avoiding most of t y f A tly th t d d _ the damages each fears Actually it is not such a brand t f Id d f I y h t yht th A t d new idea the Quakers have been preaching it for ~ I m d ~a tm t t A St t U ~ centuries Voluntary beautification assumed at Twin Buttes mine sociation National Wildlife Federation and Sears Not all properties demand this sort of approach of Roebuck Foundation course When the Anaconda Co undertook in 1964 The Twin Buttes plan has proved to be a good one development of an open pit copper mine at Twin and ultimate success seems reasonably predictable But Buttes south of Tucson Ariz management uni t has encountered a great many difficulties The dikes laterally made the decision to devote special planning were terraced to facilitate planting and care Yet the to disposal of waste material and tailings There was problem of soil sterility has been difficult and con no legal compulsion involved to force the program tinuing The alluvium dug from only a few feet be which would entail major expenditures simply for neath earth surface was found to be completely lacking beautification, in the soil bacteria and microorganisms necessary to The factors Anaconda considered were that within support plant growth. three miles of the mine site were the new retirement Tenacious experimentation seems to be solving the community of Tucson Green Valley a residential de problem of introducing these factors and also of de velopment several planned subdivisions considerable termining what grasses trees and shrubs will make farm property an Air Force missile base and the pro most rapid growth and survive best Anaconda has a posed route of an interstate highway staff agronomist in charge of the program while it has The problem obviously was to wake the mining availed itself of the cooperation of the University of operation blend into the surrounding landscape ~ Arizona federal agencies private nurserymen and gracefully as possible The major factor in its solution local farmers Its own engineers and equipment manu was the fact that to attain mill production the corn fscturers alike have been called on to devise the pany had to iemove from the ore body more than 230 special mechanical equipment needed for the lob million tons of alluvial overburden while a substan Even the advice of local experts in aesthetics has tially greater amount of alluvium will be removed in been heeded There were those who objected to the th ou a f futu p t xpans on flat t p of th d kes they were said to be unnatural The decision was to use this vast tonnage of alluvium in appearance despite the fact that the surrounding to build dikes to impound the mill tailings The hope desert is marked for miles around by extensive flat was that the alluvium, essentially the same material as topped mesas. Accordingly, flat lines of the tops of the valley fill throughout the Santa Cruz Valley in the dikes probably will be relieved by irregular mounds which the property is situated could be made to sup 55 work progresses port the same desert plant life as that on the surround ing valley floor If it could the visual impact of the Experience shows you can t please all operation would be minimized as would disturbance to Three significant conclusions seem to emerge from the ecosystem the Anaconda experience at Twin Buttes One of course is that you cant please everybody there still Not all environmentalists antagonistic to mining are angry attacks against the disturbance to the land So would the predictable public outcry. And, of scape, although they are certainly less numerous and course it is at this point that another predictable violent than they might otherwise have been public reaction occurs Antagonists of the Industry are Two working with even such a tremendous initial quick to point out that while no legal compulsion forced asset (perhaps a unique asset) as Anaconda had in the beautification program the fear of public reaction its alluvium there is no easy way of accomplishing did So what? The important fact is that the iob was the high goals of preservation of ecosystems and done, for whatever reason, and the company was a natural beauty. The engineering problems and the sufficiently good citizen to do it voluntarily and to specific problems of agronomy add up to ms~or dliii engineer it into its plans from the very beginning culties which can be solved only at great expense and A happy aside is that not all environmentalists are effort over the course of years antagonists of the mining Industry Anaconda was And three there are as Amax and others have honored as the Arizona Conservation Organization of also proved immense advantages to programming the Year 1966 by the Arizona Game Protective As reclamation and restoration efforts into a property in MINING CONGRESS JOORNAL PAGENO="0224" Every property re- quires solution of indi- vidual problems in de- veloping an effective program of restoration and reclamation. At the Nevada Mines Division of Kennecott Capper Corp., experiments are being conducted with test plantings as part of a continuing project to stabilize tailings. Here an airplane ap- plies fertilizer to a 25- acre plot In an inactive tailings area 214 the very beginning. Let it be emphasized immediately, however, that this is not a convincing argument in favor of federal or even state laws governing restora- tion and reclamation. Quite the contrary. It is demon- strable that each property involves such individual problems that an effective program has to be more carefully tailored than a plaid suit for a fat woman. For example, only some three miles away from the Twin Buttes property is the recently dedicated Sierrita copper-molybdenum mine of Duval Corp. The two would seem to the casual observer to be so close that what would work for one surely would work for the other. Yet the ores, the geologies, the overburdens, almost everything are basically so different that the two might as well be in different states or countries. Duval has its own essentially different beautification program, therefore, and only the broadest, most flexible and general law possible could have dictated the formation of the two plans. The fact that both plans came into being without the compulsion of law, of course, is the final and most convincing fact. Wyoming requires preplanning of reclamation This variety in problems is reemphasized by the wide variety of conditions of rainfall, soil and climate- life-zone found in just the western states. In Wyoming, for example, one major coal producer faced the prob- lem of revegetating reclaimed lands in an area where precipitation is about six in. per year. Another coal company in the same state had a much easier problem in an area with 16-18 in. of rainfalL The latter has succeeded in building a lake with good fishing and surrounded by lands supporting excellent growth of grasses, trees, and shrubs in which game birds thrive. The former is still wrestling with the basic problem of aridity. The question of legal compulsion in Wyoming has been resolved by passage of a law in 1969 requiring reclamation of surface mined lands. It is administered by the State Commissioner of Public Lands and calls for preparation of a plan for reclamation of disturbed lands acceptable to the commissioner before a permit is issued the mine operator. In effect, it forces pre- planning. On the other hand, commendable as preplanning might be, the experience in Idaho of the Bunker Hill Co. sheds an interesting light. In the early days of mining at Bunker Hill, the jig tailings were pumped onto a large flat on the outskirts of Kellogg, where they lay for many years. Then the area was leveled off and served as the county airport. Later, in the late 1950's, the airport was moved and Bunker Hill began to remine the old jig tails. This effort has now been completed, and in an area of about 100 acres once used for jig tailing storage, a 70-lot FHA approved housing subdivision has been developed and almost completed. Another 12 acres have been committed for construction of a large shop- ping center; the new Kellogg Junior High School oc- cupies another 25 acres; and a 40-unit apartment com- plex will occupy another 5 acres. In another two years, the company says, the whole of that area once dis- turbed by mining wastes will be completely and pro- ductively utilized. Tailing pond project astounds agronomists This is an ideal success story, of course, and one that every mine operator and city-planning environ- mentalist in the West would like to be able to dupli- cate. Unfortunately, or fortunately, the variety factor enters the picture again. At Miami, Ariz., Miami Cop- per Co. in the late 1950s abandoned its Solitude tailings pond. It was full. - Something more than 400 acres in extent, the pond lay in a natural bowl, surrounded on three sides by desert mountains and blocked on the other by a dike SSPTEMI5ER 1970 PAGENO="0225" 215 of copper tailings. At that time relatively little was known (compared to today's still skimpy knowledge) about revegetating such areas. Accordingly, Miami set out on its own and planted a shotgun mixture of hundreds of varieties of seeds by many different tech- niques. The effort was to establish a vegetative cover in harmony with the surroundings, one that did not re- quire irrigation or other special care, and which would lead to a line of ecological succession which would, in effect, be self-sustaining. The immediate problem was to stabilize the surface to prevent the nuisance of blowing tailing dust. The overall accomplishment, however, has been one that astounds many agronomists and ecologists. At the low, inner end of the old tailings pond there is year around (except for the most severe drought years) a small lake of runoff water which varies in size from as much as 15 acres or more on down. Here resident and migratory birds proliferate, while a wide variety of other wildlife, including deer and cougars, thrive. The balance of the old tailings are supporting a wide spec- trurn of indigenous and exotic plant life, and the whole aspect is fast becoming that of a beautiful low-moun- tain meadow. To most ecologists this is the happiest possible end to the story, and to the company it is sufficient. But for other environmentalists the difference between Miami, Ariz. and Kellogg, Idaho, is unfortunate. Neither at present nor in the foreseeable future is there any prospect for this ideal dwelling site to be utilized. For the industry, as for the ecologists, it is enough that the job has been done and an ecosystem is rebuilding so successfully~ Success at Solitude not publicized by company Yet one of the company's great concerns for several years was that its success with the Solitude would boomerang in the form of embarrassment to itself and its neighbors. There are within the same immediate district tailings ponds and dikes which have not been amenable to the same sort of treatment. Some are sheer faced, so that efforts to cover them with top soil have been futile. Others crust over almost like concrete when they dry out and make revegetation impossible. Others, the surfaces of which are far more visible from the highway than is the Solitude (which is, in fact, impossible to see from the highway), are still active and thus can not be planted Thus for a long time Miami declined to talk about the Solitude experiment with anyone except its col- leagues in the industry who were undertaking similar experiments, and even they were pledged not to publi- cize it. Now, however, the company has had time to redesign its newer dikes to include terracing and to achieve successes in a program for vegetating the faces of these active impoundments. Today a tour, induding the Solitude, of the Miami property is a fascinating demonstration of what can be done under certain con- ditions, what is being done in modern operations, and of how much easier the industry's problems would be today had our predecessçrs of several decades ago been as forethoughtful as today's mine management is constrained to be. Experiments being conducted by scores Throughout the West scores of companies are con- ducting experiments in land reclamation and restora- tion, trying to find means of accomplishing the goals they now hold in common with enlightened ecologists. And in turn, the ecologists are now including among the factors which comprise our total environment con- siderations of technological ability and economic fea- sibility. In New Mexico, Pittsburg and Midway Coal Mining Co. is actively leveling and trying to revegetate waste dumps at Gallup, while Phelps Dodge Corp. is conduct- ing trout plant studies at Mangas Lake. In Nevada, Kennecott Copper Corp. is experimenting with both chemical and vegetative stabilization of tailings. At its Ray Mines Division in Arizona, the same company has recently redesigned its entire tailings disposal operation with a view to better stabilization and pos- sibilities of beautification. J. R. Simplot Co. is replanting waste dumps at its Gay and Conda mines in Idaho, and Monsanto Co. is planting waste dumps at its Ballard mine in Idaho. At Western Energy Company's Colstrip mine in Montana, areas have been converted into wildlife habitat and fish ponds, while its neighbor in the state has been working on a program of physical stabilization of waste dumps. Again in Colorado, Idarado Mining Co. has recently announced a master plan which envisions a 127-acre tailing pond surrounded by a golf course, coinniercial sites, residential areas and extensive greenbelt open space. Idarado will do the mining and leave the resort aspects of the project to a single developer with the required expertise. Thinking in mining industry changing markedly Perhaps the last statement is the best indication of how far thinking of the mining industry of the West has progressed in recent years. Not too long ago any- one suggesting, to either a miner or a resort de- veloper, that a proper resort could be built around a mining property would have been laughed out of face. It also suggests that many mining companies are calling on outside expertise for help in solving prob- lems of land restoration and reclamation. For in- stance, Day Mines Inc. at its Dayrock mine near Wal- lace, Idaho, called in a professional landscape service from Spokane, Wash., to plant its tailings dam with grasses and to apply the needed fertilizer and mulch. It was following the example of Hecla Mining Co. which had demonstrated that waste dumps could support both vegetation and operating plants. The list of experiments and successes could be lengthened almost endlessly. Phelps Dodge Corp., for example, recently announced that it is inaugurating a major environmental research program, encom- passing all of the aspects of mining's impact on the environment, which will be under the direction of Dr. J. D. Forrester, who resigned as dean of the College smnwo CONGRESS JOURNAL 69-i42 0 - 72 - 15 PAGENO="0226" 216 of Mines, University of Arizona, to accept the assign- ment. Elsewhere, companies are undertaking joint ventures in restoration and reclamation where environmental conditions are nearly common. An example is in the phosphate lands of the Pocatello-Soda Springs area of Idaho. There Monsanto, Simplot, FMC Corp. and El Paso Natural Gas Co., with the cooperation of the U. S. Forest Service, are engaged in such a project. Government agencies providing expert help In almost all instances the companies are counting heavily on the help of the U. S. Bureau of Mines, the U. S. Forest Service, U. S. Soil Conservation Service, state universities and similar agencies which can supply not only a pool of experience, but also specific expertise. In many cases companies have engaged leading ecologists as consultants to help appraise the probable effects of a proposed development on the environ- ment and to suggest means of minimizing~ deleterious effects. More and more companies are seeking the op- portunity to participate in conferences studying the industry's impact upon the environment and the broad aspects of environmental control in general. One now well established annual affair of that kind is Thorne Ecological Foundation's Seminar on Environmental Arts and Science at Aspen, Cob. A more recent innovation is the conference on mining and the environment held at Rolla, Mo. in 1969 and repeated in Tucson, Ariz., this year as a conference on mining and ecology in the arid regions. A number of mining schools of the West were the original sponsors and have been joined by other organizations in subse- Wildlife habitats and fish ponds at the Colstrip mine In Montana are the product of 20 years of natural reclama- tion with some assistance from man. The area pictured is a mined-out trench filled with water that provides such recreational opportunities as fishing and swimming SEPTEMBER 1970 quent meetings. Mining industry really environment conscious All of which adds up to proof of the fact that the mining industry has indeed become environment con- scious. It has taken the initiative in ameliorating its effects upon the landscape. It is making positive prog- ress in land restoration and reclamation~ It still has many problems to solve; it has been surprised to dis- cover that its problems in this field are similar in cofhplexity to the problems involving air and water, and its limited successes in communicating this fact to the general public has likewise surprised the average citizens who have assumed you could grow almost anything anywhere if you just tried hard enougir But mostly it demonstrates a fact which the mining industry must work hard to bring home to the general public: the mining industry of today has a corporate conscience. R. D. Lynn and C. J. Hansen of the Ana- conda Co. said it well when in 1968 they delivered a paper at an American Mining Congress meeting on the subject of reclamation p.ractices at Twin Buttes, Ariz. "From a philosophical standpoint, a primary in- gredient in the success of such work is motivation. The decision to undertake this landscaping project was made voluntarily out of an intention to operate as a corporate good neighbor. This element of free choice nourishes that very human desire to persevere through trials, errors and adversity in order to make one's own ideas prevail. It is doubtful that any such incentive would apply to a reclamation program imposed by legislation or governmental regulation." PAGENO="0227" in 1970 St t th t f m t Th I dy I w m t fmt wthth p 1 t f p d g 5 dm 5 fth p p d btqtfdt tpf t wbf Cg wtd g requsrementt and regulations. The federal the states to set and carry oat their own p m I h w f h t d I m 5 p1 Th Adm 5 5 hp h h I g p p 1 ltdf byP d tN fp t d d tgttp h pt mttm g w g m M Bgg d tt CptlHtt ly Fb yby ci wwdd 217 ~I©©© ~\CL~L~ Reclaimed The coat industry went atl oat in t970 to hetp rescue the country from a severe coat shortage. Mach of the coal that re- plenished the dwindting stockpiles came from a sharp expansion of strip mine op- erations, and the result was a marked in- crease in the amount of land left for re- claimers to grade, seed and tend. But in spite of the emphasis on production, re claimers stilt managed to check in with an imp 151 f 58 06034 f f 0 ficiully-approved reclaimed land. The boom in stripping coincided with a new national awareness of the environ- ment and prompteda move in Washington toward a federal reclamation law. By Feb y 1971 f tmt p p 1 were in the Congressional hopper and the National Coat Association, representing major strip mining companies, announced it would not oppose federal legislation whhw Id dsh It dp in restoring land to productive use. Carl 0. Bagge, president of NCA, said that the association is not opposed to fd tlgla 11 Ilyd g d to assist the stutes and the surface mining d ly lb ImI ofdt bd If~ PAGENO="0228" Secretary of the Interior Rogers C. B. Morton. Written to regulate the "environ- mental consequences of surface and un- derground mining," the bill would require adequate state laws properly enforced. Where states do not live up to national standards, the federal government would intervene. All minerals, not just coal, are covered by the proposal, and surface manifesta- tions of deep mining, such as subsidence, mine drainage and refuse piles, would be controlled by the regulations. The bill is open-ended, giving ultimate authority to the Secretary for establishing and enforc- ing regulations. Where mined areas cannot be "adequately reclaimed" the govern- ment could order mining stopped. In a second proposal, Sen. Henry M. Jackson (D-Wash.) and Rep. John P. Say- br (R-Pa.) introduced surface mining bills which would place initial responsibility with the states but would provide for fed- eral intervention. Recognizing that nation- Benefits of renlamatios continue year-nossnd. On the frozen surface of a stripmine pond near Cumbertand, Ohio, John McGrath hotdn a string of banscaught through the ice. wide uniform regulations are not feasible, "because of the diversity of terrain, cli- mate, etc.," the bill would allow each state to propose its own plan. Sen. Gay- lord Nelson (D-Wis.) has proposed a simi- lar bill. Rep. Ken Hechler (D-W. Va.) goes farther than any of the other lawmakers by calling for a halt to all coal strip mm- mg in the country and all underground mining in national forest areas. Mr. Hech- ler's bill is in keeping with one supported by West Virginia's Secretary of State, Jay Rockefeller: Rockefeller has endorsed a ban on all coal surface mining in West Vir- ginia. Out of the 22 states which strip mine coal, 19 (which account for more than 95 per cent of all strip coal produced) al- ready have state laws spelling out the re- quirements for reclamation. Missouri and New Mexico, two of the states which do not yet have laws, have bills before cur- rent sessions of their legislatures. The provisions of the states vary ac- cording to terrain and the needs of each area, but there are common denominators found in each of the laws. All states, for instance, require mining permits and per- acre performance bonds which are not re- leased until the reclaimed land has passed state inspection, and all require grading the land. The laws differ in detail, but typically they require that the land be planted, either to trees or to grasses. In some states the option of the ultimate use of the land is left up to the operator, but he must meet state requirements governing that specific use. In these states reclamation can take the form of water impound- ments, recreation areas, forests, pasture- land or homesites. Provisions for covering toxic materials are spelled out in several states, and most laws call for a reclama- lion plan to be submitted before mining even starts. Most states will not approve land as reclaimed until vegetation has withstood the rigors of more than one season and shown that it will provide permanent cov- er for the mined area. For this reason, the number of approved acres reported by the states each year does not represent the amount of actual reclamation that took place. In Ohio, for instance, officials in- spect growth two years after it has been planted. Consequently, the land stripped during 1970, a year that saw a boom in stripping, will not show up on reports un- til later years. The rundown for 1970 looked like this. Alabama Alabama's first reclamation law went into effect in October, 1970, with op- erators given the option of choosing the kind of reclamation to be performed. To- tal reclaimed acreage for the year, includ- ing the months prior to the enactment of the law, came to 962 acres, with the ma- jority seeded to pine trees. Arizona Arizona does not have a state reclama- tion law but mined land there comes un- der the regulations written by the Depart- ment of the Interior for the protection of Indian lands. A good deal of attention has been focused on the state because of 218 An tO-ponnd northern pike made a fatal mis- take at the Pottywogs, arenreatior area on re claimed ntrip.mine land west of Danvitte, Itt. He bit ttatph Mstter'n minnow. Miller wan fish- ing through the ice in January. PAGENO="0229" Peabody Coal Co.'s impressive pee-plan for reclaiming the Black Mesa which it will be mining over the next 35 years. The New York Timea, in a January article on Peabody's efforts, characterized the recla- mation plan as one which would not only return the land to its original condition but actually improve and beautify it. Colorado Colorado entered its second year under a new strip mining law during 1970, and coal companies reclaimed a total of 329 acres. More than 6,000 pounds of grass and legume seeds were used to accom- plish the job. Illinois Illinois, one of the first states to do volunteer reclamation, now operates un- der a law which allows coal operators to choose the mode of reclamation for mined land. As a result the state has several rec- reation areas,productive farms, tree farms and woodlands-all on former strip mines. Last year 5,252.13 acres of Illinois land were approved as reclaimed. Almost 2,800 is scheduled for crop production and more than 2,800 became grazing lands. The rest was reforested or became recreation areas. Indiana Indiana inspectors approved 3,938 a- cres of reclaimed Hoosier land in 1970, which is 629 acres more than were af- fected by stripping during the same year. Land seeded to forage accounted for 2,274 of the acres; 1,246 went to trees and 418 became access roads and lakes. Iowa Iowa, completing its second year under a new reclamation law, affected 60 acres by coal mining and reclaimed 78. Several of the acres reclaimed were adjacent to lands mined before the state's law was passed and operators simply extended their reclamation to include she pee-law acres. ing the second year under a state reclama- tion law, operators planted 920 acres in 1970, compared to 820 mined. Kentucky Kentucky was one of the states in which stripping activity leaped beyond previous years. In 1969 the state had 183 separate stripping operations: by 1970 that figure had increased to 342. The Di- vision of Reclamation, Department of Nat- ural Resources, hired 20 new people dur- ing the year to cope with the department's increased work load. Field personnel spent most of their time inspecting active op- rrations and examining land for issuance of mining permits rather than inspecting land for grading and vegetation releases. Kentucky operates on a fiscal year and the figure for approved reclamation work will not be complete until June 30, 1971. However, by the end of January, 1971, the state had approved 11,703 acres of reclaimed land. Officials say that more acres would undoubtedly have passed in- spection had the time and personnel been available earlier to approve them. Maryland Maryland planted 389.50 mined acres in 1970. Included in this figure are areat that were replanted after a second grow- tug season showed plant survival under 70 per cent. (Several slates have similar requirements.) These areaswere reinforced with more trees. In places where erosion seemed likely, grasses were planted be- fore trees. Maryland reclaimers planted 162,000 white pine last year, 120,000 red pine, 56,000 Scotch pine, 32,919 black locust, 10,143 hybrid poplar and 2,000 yellow poplar. In Western Mary- land, a five-year roundup shows that 1,250 acres were affected by stripping. Reclama- tion efforts there outstripped she strip- ping with 1,245 acres backfilled and 1,284 planted. Minnouri The "Show Me" state increased its a- creage of legumes and grasses as coat op- erators there reclaimed 1,229 acres last year. Montana Montana's coal production is relatively modest and, because of its thick seams, she land disturbed in stripping is minimal. Last year, operating under its new law which became effective in January, 1970, the state reclaimed 20 acres. 219 Hunkered down on the ice oC o sseip-mine lake nea, Zaoesvitle, Ohio, Laeey Essadl nod too com- panions caught 200 bass and bluegi5n in cane hoses. Kansas Kansas, like Indiana, topped its mining acreage with its reclamation acreage. Dur- PAGENO="0230" 220 Ohio The Buckeye State reported in with 5,972.7 acres of rectaimed land approved for 1970. Anothee 7,000 acres are atready planted and awaiting approval next year. Of last year's total, 4,357.5 went to trees and 1,615.2 Went to forage. Oklahoma Oklahoma, operating on a fiscal year, affected 1,306 acres with strip mining in 1970 and planted 1,427-mostly to pas- ture. The state was able to reclaim more The westhee is feeseing bst the elshing is pressing as this bnrdtsd-np segtee drops his nec thenngh atone fussier Ohio steip nine. Tennessee Tennesset's permit year ends later than other coal mining states and consequent- ly its reclamation figures are not cam- plete. Bused on the information in at the end of January, t97l,slute inspectors had apperved 650 tenet of reclaimed lund. Pennsylvania Virgsnsa Vieginia,whichwas responsible for pro- Coat operators in Pennsylvania applied dating 3,561,000 tons of strip teal in for permits on 13,183 acres in 1970 but, 1969, reclaimed 2,682.54 tenet of land as is other states, they did nut necessuni- in 1970, The amount of land eeclaimed ty get around to mining them all. Land conreaponded to ttatt disturbed during the planted in 1970 came to 9,089 acres tame period. Reclaimers used 120,874 with 5,837 going for trees and 3,252 for pounds of seed in 1970 and have towed grasses. 107,72 tons of seed since their reclama- tion program took effect in 1966. West Virginia West Virginia wat another state which saw a marked increase in surface mining, as evidenced by the 95 new companies which begun operations there during 1970. Like Kentucky, the enforcement agency was notstaffrd to cope with the increased activities and consequently the Depart- meat of Reclamation hired six new in- spectors lust year. Those acres which wren inspected and approved as property re- claimed, came to 13,245.47. Leery Estsdt ted Dester white of Zssessitte, Ohm, show bsss sod btse- silts caught through ire us steip.nlse pood. This bsss weighed 2 lb.; day esetlee, white seught a snupte weighing 5'/a ted 4 lb. North Dakota than it mined becuase Oktahama's law North Dakota, whtch a constdertng allows (as do some other slates) operators amendments to its content reclamation to reclaim land disturbed before the law law in this session of its legislature, en- was passed and substitute it for land car- claimed 153 acees in 1970. Using heitcop- rently being mined. Ultimately the land tees and hydeoseeders In revegetate the currently being mined mast be reclaimed land, state reclaimers planted twenty van- also. dies of seed including 7,000 pounds of fertilizer sad 16 species of shrubs and pines.To date operatoeshave plasted over half a million trees on disturbed land in North Dakota. In addition Ca their plant- ing,operatoes and the statnjointly stocked mined-land ponds with morn ihan 6,000 trust, and other water life which main- tains the fishes' food chain. PAGENO="0231" 2~1 [From the Mining Congress Journal, June 1971] RECLAMATION AT BIG HORN MINE (By J F Rulli, Sales Manager, Bsg Horn Coal Co) Men and machines have scarred the earth men and machlnes must restore it just like Mother Nature created it-maybe even ~ Primitive man, at the beginning, the same as now, had nothing but the earth from which to gain sustenance upon this planet He gained his food, shelter and clothing from the surface of the earth or from the animals and fish that fed on the surface At best his existence was very difficult He had no knowledge of the treasures that the earth held below the surface; that in centuries to come, these treasures would bring him to the advanced civilization we now know Today there are many who see open coal mines, stone quarries, gravel pits, copper and iron mines phosphate and lime quariies and start to scream about the land being ruined but who do not seem to look back a few centuries to the sad lot of man before our time. The earth has been good and given both from the surface and the subsurface It is a duty to continue to extract these treasures from the earth to maintain the present standard of civilization but it is also a duty to restore the earth to its original state or to convert it to some real useful purpose. BIG HORN BEGAN RECLAIMING LAND SEVEN YEARS AGO To restore land to its original state is not always easy but with good engineering and modern equipment restoration can be accomplished as it is being done today at the Big Horn coal mine Big Horn Coal Co has been conducting a conservation and restoration program at the site of its mining operation, eight miles northwest of Sheridan, Wyo, for a number of years During the 27 years the firm has been operating many acres of land have been changed in appearance as the natural terrain has been stripped aside to gain access to valuable seams of coal which are of vital need to the nation's domestic and industrial well being During the past seven years substantial areas of this acreage have been returned to the original natural appearance thanks to Big Horn's management and its voluntary program of land restoration COMPANY STARTLD STRIP MINING IN 1943 Big Horn began operations in 1943, and since that time, more than 17 million tons of Big Horn coal have been produced and marketed in the northwest area of the United States Big Horn is a subsidiary of Peter Kiewit Sons Inc of Omaha Neb which is one of the largest contracting organizations in the world The Big Horn mine is a strip operation and is the lone survivor of seven mines in Sheridan County The last of the underground mines closed in 1953 At Big Horn mine it is very common to mine seams from 25 to 50 ft in thickness There are of course advantages in strip mining It permits efficient, lower cost removal of the overburden covering coal seams, and it has made possible the recovery of millions of tons of valuable coal that could not have been mined eco nomically by any other method Overburden in the area runs from 50 to 100 ft in thickness and it is therefore, easy to visualize that, at times there are pits at least 150 ft deep Therefore, strip mining has opened the earth leaving scars both wide and deep VOLUNTARY LAND RESTORATION MAPPED IN EARLY 1960'S In the early l960's Big Horn displayed a genuine interest in the natural beauty of the area and voluntarily began to map a program of land restoration Sheridan County normally has only 15 to 16 in of precipitation annually to promote vegetation and growth Big Horn had to resort to fertilization, sprinkling and the use of native tree seedlings and imports that thrive under arid conditions in order to reclaim the strip mined land Because of the thickness of seams mined, the amount of surface affected by strip mining is minimal There has been very little pressure on the mine operators to return mined land to its original state The fact that Big Horn voluntarily endeavored to reclaim and revegetate the disturbed surfaces, with sometimes very disappointing results, is to its credit PAGENO="0232" 222 WYOMING ENACTED OPEN CUT LAND RECLAMATION ACT It was not until May 24, 1969 that the Wyoming State Legislature made effec- tive the Open Cut Land Reclamation Act. Some of the pertinent points of the law are as follows: (1) A permit is required to open a strip mine; a $50 fee is charged for the permit and there is a $1,000 fine for failure to comply. (2) Legal description of the land to be mined is required. (3) An estimate of the volume of earth to be removed is required. (4) Spoil piles must be graded to reduce peaks and ridges to a rolling topography. (5) Material that could generate acid must be covered with other soil to correct the acidity. (6) Revegetation of the pile is very much encouraged. (7) Lakes and ponds should be provided wherever possible. Big Horn started its program of revegetation in 1960 and, at that time, followed the requirements which are now in the Wyoming law. TOPSOIL IS THIN Water in the mining areas has not been a problem as it is almost clear of acid, and coal beds are low in sulfur content. Water entering either active or abandoned pits is mostly ground water that continues to flow and does not become stagnant or acidic. Water which is impounded in worked-out areas is considered an asset. To revegetate the land, topsoil is essential, and in the Big Horn mine area, this is a problem as the topsoil is thin, running from two to six inches. Overburden at the mine was removed by scrapers and, in some cases, the topsoil was salvaged. During backfilling, putting the soil back in its original state was tried; however, in some instances it was impossible to do this, and naturally the reclaimed spoil material had to be allowed to weather for one or two years so that it could develop a surface that would permit germination of seed and good rooting for seedlings. FIRST RECLAMATION PROJECT WAS IN 1964 The very first reclamation project was in 1964 when revegetation was started on one of the Plachek tract plots adjacent to a hill in which the upper beds had been burned out by ancient fires so that the red scoria, or burnt rock, was exposed on the hillside. The plot, which was sloped gently to the edge of Goose Creek (it had been relocated), was planted with a mixture of clover and sudan grass, and seedlings of cottonwood, chokecherry, native plum and Ponderosa pine. This first planting was successful insofar as grass germination was concerned, but there was a high percentage of failure in seedling growth. A better supply of rainfall had been expected; however, the rains did not come and no provision had been made as yet for a sprinkling system; therefore, the seedlings did not do too well. THE 1968 PLANTING HAD BETTER RESULTS WITH A SPRINKLING SYSTEM In 1968 another Plachek plot on the opposite side of Goose Creek was planted. Fertilizer was spread over the entire surface and a sprinkling system was used. Water was pumped from Goose Creek through an 8-in, aluminum line reduced to 4-in, aluminum lines equipped with sprinkler heads at 40- to 45-ft intervals. This area was planted in oats mixed with pasture-mix seeds. Caragana and Russian olive seedlings, both partial to arid climatic conditions also were included in the planting. Grass germination was good, except that some of the spots on the slopes which did not have the surface weathered properly for seed germina- tion were still bare two years later. All the varieties of seedlings had a high per- centage of recovery, a fact attributed to the generous applications of water by the sprinkling system In 1968, shallow contour ditches were introduced on certain sloped areas. These provided moisture catch basins for the seedlings planted on the downhill side of the ditches. They also reduced slope erosion. In the area, it is common to have hardly any precipitation from the middle of June to September 1; there- fore, it was necessary to install a permanent sprinkling system. This materially aided the program. PAGENO="0233" 1970 PLANTING IS APPARENTLY SUCCESSFUL In the spring of 1970, a spoil bank adjacent to the present Zowada pit was sown in rye grain. Several months later the rye stalks were waist high, and cover- age on the generally flat-topped surface was good. The rye grain, it is believed, will provide good mulch for the bank surface and permit planting of seedlings at a later date with greater assurance of good rooting. ABANDONED PITS CONVERTED TO LAKES PROVIDE RECREATION Restoration didn't stop there. Big Horn converted other ab~andoned mine pits into beautiful small lakes and ponds, some with depths ranging to 70 ft. With the cooperation of the Wyoming Game and Fish Department, 2500 rainbow trout were planted in a larger lake, and smaller ponds were stocked with channel cat- fish, bass, crappie, and yellow perch. Not only has the natural habitat been restored, but something new has been added-fishing, boating and other forms of recreation. In other words, recreational advantages which were not there before are now available to the public. As a matter of fact, the Wyoming Recreational Department has designated some of the sites to be made into recreational areas for the many people touring Big Horn's part of the state as well as for the local people. The area has already been mapped and the plan soon will become reality. The new grass and tree growth is providing cover and food for fowl and game, and population increases in pheasants, partridge and ducks have been noted. Men have learned to scar the earth, but they've also learned to heal the wound. [From the Washington Daily News, Tune 30, 1971] RAVAGED LAND: HIGH PRICE FOR CHEAP COAL-PENNSYLVANIA HAS A DEDICATED MAN To ENFORCE STRIP MINING LAW (By William Steif) HARMONY, PA.-Bill Guckert, 63, bald and sweating, stands on a little rise at the edge of a farm here, 30 miles north of Pittsburgh. Several hundred yards away, Pittsburghers' summer cabins line a pleasant creek. Dogwoods and apple trees are finishing their bloom and the hardwoods along the creek are cloaked in splendid spring greens. "This acreage was strip mined right to the summer cottages two years ago. The first year, the mine operators put in wheat; now they've got clover in. That's the Deep Valley golf course just up the road. You'd never know these 75 acres were a strip mine, would you?" said Mr. Guckert. Mr. Guckert is paid $17,000 a year to be the state's director of the Bituminous Bureau of Conservation and Reclamation in its department of environmental resources. His job is to make sure the 325 licensed strip mine operators in Pennsylvania carry out provisions of the best and earliest strip mine reclamation law in the nation. The law was enacted in 1963 after a campaign spearheaded by the Pitts- burgh Press, a Scripps-Howard newpaper. Mr. Guckert is a taxidermist by profession. STRIPPER LICENSE He is tough. He does not hesitate to suspend a stripper's license, tying up the strippers' expensive machines and manpower. He prefers that to prosecution as a way to get compliance with the law. A 12-hour day doesn't faze Mr. Guckert. He has one overwhelming passion: To see that the strippers restore the land. "The idea," he says, "is to let industry do it, not the taxpayers. Industry can do it for a fourth of what the taxpayers can do it for. Before our 1963 strip mining law was enacted tile state government had to reclaim stripped land and the taxpayers were being gouged to pay for the restoration." Under Pennsylvania's 1963 law the strip mine operator is required to: Put up a bond of $500 to $1,000 an acre, with a minimum bond of $5,000, to guarantee reclamation performance. PAGENO="0234" ~24 File a pre-mining plan detailing how the land will be restored. Put the land back to its approximate original contour or, if the grade was steeper than 12 degrees, terrace it Ask the impartial state land reclamation board for variances on the rules. Fill in land where coal already has been removed while other parts of the seam are still being removed Be sure that acid bearing minerals are covered, and that grass, clover, wheat, trees or a mixture of these are planted STRIP SCARS REMAIN Recently, Mr. Guckert drove me 325 miles around western Pennsylvania. I saw more than 40 past and present coal strip mines. In a few cases, strip scars remained, mostly from mining that took place before Pennsylvania passed its 1963 law. But in dozens of other cases, the land was restored to natural grades, vegetation was growing on it, and in some spots cows were grazing. No one knows when I m coming, ` Mr Guckert says "I don t sit on the seat of my pants in Harrisburg like some of those fakers. My inspectors (who earn $9,375 to $13,000 a year) take a 16-week course; then they have to pass a civil service exam. Mr. Guckert now expects the state legislature to expand the coal strip law to all surface mines Passing a U S steel limestone pit west of New Castle, Pa, he says scornfully: "That look like the badlands of South Dakota." Near Grove City, Pa., Mr. Guckert points from the highway at tangled, swampy, useless acreage and says: "That's where the Buckeye Coal Co.-a subsidiary of Youngstown Sheet and Tube- did its dirty work years ago." Mr. Guckert forces the strippers to post signs on every job with full details of their work "The public has a right to know this," he says GREW FROM A LIE Pennsylvania's tough law and tougher enforcement grew from a lie Fred Jones, a veteran Pittsburgh Press reporter, recalls "Our original 1947 law required only that the stripper cover the exposed coal seam. That meant he just had to knock the top of the spoil bank into the pit." In 1961, the state's sportsmen groups, in which Mr Guckert was an officer, had a bill introduced for more complete restoration, Mr. Jones says: "Just before the vote, a beautiful, full-color brochure appeared on the desks of every legislator. It was entitled "The Restoration of Pine Creek' and purported to tell how strip miners had restored a trout stream." The strip proposal was beaten. Mr. Guckert and I tried to find Pine Creek, Mr. Jones asys. "We couldn't find it anywhere in the area it was supposed to be One day they stopped at a country store and asked about the creek The store keeper replied: "Only pine creek I know is that ditch you passed." Mr Jones recalls `It looked like hell" The brochure the strip mine lobbyists gave the legislators contained photos of a lovely trout stream-but it wasn t Pine Creek The pine trees pictured were on the state university s experimental plantation THREATENED REPRISALS The Press printed its findings on a Sunday. The strippers threatened reprisals. Mr. Guckert's sportsmen picked out eight state legislators, including the speaker of the House and a powerful committee chairman, for political extinction Two years later, with the eight gone from the legislature, the tough strip mine bill passed. Russell Haller, 48, is a Kittanning, Pa, strip miner whose company produces 150 000 to 200 000 tons yearly "I fought Bill Guckert and his conservation group as hard as any man alive,' he recalls "I said we couldn't comply, that the 1963 law would put me out of business. "I was Mr. Guckert's worst enemy. I hated him. We almost came to blows." Mr Haller suffered losses Because of the new law s stringencY he had to give up leases on some coal lands on which he had paid advance royalties He says that in 1963 there were more than 500 strippers in Pennsylvania, that their number dropped to 270 last year, and that only the booming coal market has brought more strippers back to the field. PAGENO="0235" ~25 Mr. Hailer scoffs at "those characters in Ohio and West Virginia who have the politicians so buffaloed they get away with horrible high walls." He says; "The secret in Pennsylvania is proper, uniform enforcement. Mr. Guckert treats us all alike, big or small." Other strippers iii Pennsylvania agree. IN A HELICOPTER Whirl above West Virginia in a helicopter with Gilbert Frederick and Fil Nutter, of Charleston, whose strip operations produce more than three million tons of coal yearly. They complain of a hostile press and of West Virginia's Secretary of State John D. Rockefeller IV, who favors a strip mine ban. Mr. Frederick and Mr. Nutter belong to the state's Surface Mining Association, which has 80 members and produces two-thirds of the 28 million tons stripped yearly from the state's hills. Twenty-three states today have some kind of strip-control law on their books. But the strippers' zeal in removing the coal has sparked a growing demand to ban all stripping. West Virginia's legislature narrowly beat a strip ban this spring, and Jay Rockefeller and his allies will seek the ban again. Similar legislation is almost sure to come up in Kentucky, and may pop up in Ohio, too. President Nixon wants to give the states two years to legislate strict reclama- tion rules, based on federal standards, and then wants the Interior Department to take over regulation if the states don't go along. [From the Baltimore Sun, April 15, 1971] WHAT THE ADVERTISING DOESN'T TELL (By Ernest B. Furgurson) JENKINS, Kv.-You may remember the ad: a full page in color in Time, News.. week and elsewhere. A happy youngster in jeans and baseball cap fishing with his grandpa beside a blue mountain lake. The grandpa tells how he feared when strip mining first opened that hole in the earth that "these old hills have had it," hut now he's glad because it created such a nice 43-acre fishing hole. To his testimony, Bethlehem Steel added: "We need lots of coal, and we must mine it where it is. . . even if this sometimes means disturbing the natural terrain of hillsides and mountain slopes. But the disturbance is only temporary. Every acre of land surface mined by Bethlehem is promptly and effectively restored . . . often to more beneficial use than before it was mined." The ad made strip mining seem such a public-spirited and beautifying enterprise that I just had to come down to have a look at Fishpond Lake. And it turned out to be true, from one point of view. If you circle the lake carefully, you can find a narrow angle from which, when the light is right, the proper filters are used and the background forest is at season's peak, it all looks like a cameo from a Sierra * Club publication. But don't look left or right. What you see there is characteristic of all strip mines: coal slides into the water, scars in the mountainside. Fishermen were there in the Easter weekend sunshine, and so were beer cans and gritty dust blowing from the irreparable gash in the slope opposite. The main thing Bethlehem contributed toward Fishpond Lake was the land after it had been ravaged. The state of Kentucky built the dam and lake. Student architects from Yale did the pier. Workers in an OEO program provided much of the labor. Then Bethlehem ran the ad, which quite likely cost many times what the land itself was worth. One eastern Kentuckian who happens not to be a Bethlehem employee says that all Fishpond Lake proves is that if you want to spend half a million dollars you can make a pond out of a stripped hollow. But you can't do it with every stripped hollow; this one just happens to be on a high plateau near where several rivers originate. And it was torn out by relatively small equipment more than a decade ago, before the giant landeaters were built which now are ripping up thousands and thousands of acres of West Virginia, Pennsylvania, Virginia, Ohio, Kentucky, Maryland and other states. Of course neither Bethlehem nor any of the other absentee companies financing this frenzy of Strip mining during the current period of high coal demand is about PAGENO="0236" 22~ to spend half a million dollars reclaiming each hole they claw in the earth. The pattern is for them to fight desperately in the state legislatures against laws which require them to replant forest and otherwise go through the motions of reclamation. Even where such laws are in effect, they are no more than a gesture, It simply is impossible to put a mountain back together after it has been torn apart. What happens instead has been well publicized-the mud slides that often inundate the homes of the people who own the land but unfortunately not the mineral rights beneath the surface; the acid runoff that kills the streams; the desolate moonscape that offends the eye from an airplane overhead or from the roadside parking areas that once offered views of peaceful hills beyond hills. One such pulloff is in Pound Gap, where U.S. 23 crosses from Virginia into Kentucky. The highway overlooks Jenkins, surrounded by mountains whose sides are shorn away, making long brown scars where trees would be budding if they still grew. This is the domain of Bethlehem Steel, which owns the land, usually contracts the stripping, then buys back the coal. Not far from Fishpond Lake is the Millstone strip mine, on which Bethlehem spent many thousands as a reclamation demonstration project. Little grows there but weeds. There is an outcry about stripping in every state where it is practiced. Laws are passed, but they are mere wrist-slapping. There is debate over banning strip- ping entirely. But there is no way it can be halted immediately. The companies are fighting a ban while the acreage stripped multiplies each year. Even road builders and specially formed speculation firms are rushing to get theirs by strip mining while the market is hot. Meanwhile, the effort is made to soothe the body politic with full-page ads in national magazines, read mostly by people who will never have a chance to take a first-hand look at Fishpond Lake or the rest of the misused land. And it should be added that what the strippers do to try to assuage public opinion is duplicated by other industries. Lumber, for one. [From Life, Oct. 1, 1971] TAMING THE STRIP-MINE MONSTER (By Edmund Faltermayer) I have long loathed the very idea of strip mining. When men tear open the land to a depth of a hundred feet or more to get at a seam of coal and then abandon the site in a naked condition, the devastation ca~ take millennia to heal. Nearby streams become murky with silt and toxic with acil. The huge, ugly spoil banks- the rocky material dumped to the side to expose the coal-support little vegetative cover and are prone to landslides. And when machines chew into the side of a mountain they leave steep "highwalls," or manmade cliffs, on the uphill side of the cut. Not long ago I saw hundreds of miles of these cliffs that have been slashed across the slopes of Appalachia, and it was a sickening sight. Spurred by the shortage of coal for generating electricity, strip mining is expanding at a fearsome rate and now produces 40% of the nation's coal. Angry voices are calling for a halt to the practice. In West Virgina, young John D. Rocke- feller IV, running for governor, demands that stripping be outlawed in his state "completely and forever." Another West Virginian, Representative Ken Hechler, has 90 cosponsors for his bill in the U.S. Congress to outlaw it nationwide. Aboli- tion is the only solution, argues Hechler, because the various state laws requiring companies to restore strip-mined sites are weak, or have been sabotaged by lax enforcement. Furthermore, say the abolitionists, good reclamation-assuming companies could be compelled to do it-is so costly that it would wipe out the economic advantages of strip mining. Yet the consequences of a total ban on strip mining-which would mean more reliance on nuclear power, and sending more down to underground mines-are pretty unattractive too. Besides, the abolitionists haven't made a case that good reclamation of strip mines is prohibitively expensive. It costs $1.50 a ton less, on the average, to strip coal than to send men into the bowels of the earth for it. That cost advantage is so great that strip-mining companies can afford to do some pretty fancy regrooming if they are made to do it. I know this is so, because I've been to Pennsylvania, a state which rigorously enforces its reclamation law, the toughest in the land. A lot of Pennsylvania companies are now going beyond what the law requires-replacing topsoil, for example. "Th~iy've really got religion on reclama- tion now," says William E. Guckert, who run the state's enforcement program. "But," he quickly adds, "they didn't get religio~ until we put the screws to them." PAGENO="0237" Cynics will greet with disbelief the news that there is a state government anywhere that puts the screws to the strip-mining industry. How it happened is worth telling. With more scarred acreage than any other state, Pennsylvania also has the country's biggest constituency of outdoorsmen to notice all the ruined terrain-i. 1 million licensed hunters and 800,000 fishermen-and they know how to lobby. Pennsylvania also has Bill Guckert, a powerhouse of a man at 63 who got into the strip-mine fight in the 1950s. The outdoorsmen fought hard to get a tough law on the books, Guckert recalls, and when some legislators sat on the bill "we beat the living H out of them" at the polls. A good law finally passed in 1963, and Guckert took over the enforce- ment agency four years later. Almost immediately, he was pressured by a political boss to go easy on a strip miner who was violating the rules. But Guckert, who had the full backing of then Governor Raymond Shafer (as well as his successor, Milton Shapp), angrily refused. From that day, he says, he has operated without political interference. In the four years that Guckert and his 20 inspectors have been riding herd on 360 bituminous strip-mine operators, the results have begun to show. At 16 different locations I saw the land completely "backfilled" by law to approximately its original contours. This means that all the material in spoil banks has been bull- dozed back into the deep trenches where the coal lay, in a manner that completely buries those ugly "highwalls." In Pennsylvania they not only backfill completely, but do it promptly, in order to minimize the exposure of acid-forming strata to air and water. Even temporary water pollution is prohibited. Water that collects while mining is under way must be treated in settlement basins. We came to Emerson Bowser's farm in Jefferson County. His rolling cropland was literally turned upside down for coal-with vast spoil banks and 80-foot high- walls at one point-but today you'd never know it. Tall corn grows in the replaced topsoil, and the fertility is coming back. In five years, says Bowser, "there won't be any difference" in his crop yields. Pennsylvania in fact is getting an extra dividend from its law: vast tracts of land damaged in bygone days, when laws were lenient, are being restored. With today's bigger machines, companies can return to formerly strip-mined sites to work seams that were too deep to be stripped profitably in the past; and when they do, they must put the whole thing back together. In a mountainous area near Clearfield, in the center of the state, the improvement is breathtaking. On one side you can see an "active" site with spoil banks and highwalls from the past, newly churned up for deeper coal-a lunar landscape if there ever was one. On the other side the land is regraded and planted as far as the eye can see. Companies returning to old sites are restoring "thousands of acres at no cost to the taxpayer," Guckert says. That is why he doesn't want to ban all strip mining now, for then the state itself would have to restore these "orphan" lands at enormous cost. In the early 1960s, when trying to prevent passage of the Pennsylvania law, strip-mine companies warned that the cost of elaborate reclamation would put them out of business. As it turns out, strip-mine production of soft coal has in- creased somewhat under the new law, and reclamation adds an amazingly low 150 to the average cost of getting a ton of coal out of the ground. The foes of strip mining take little comfort from the Pennsylvania experience, which to them comes from a unique combination of broad public concern and honest enforcement. Meanwhile, they say, the damage goes on. Stripping is just getting under way -on a large scale in such western states as Montana, Idaho and Wyoming. To appreciate the freebooting atmosphere that still prevails in most states, cross from Pennsylvania into Ohio as I recently did. There, under a recla- mation law that is an insult to the intelligence of that state's citizenry, companies are leaving sheer vertical highwalls, some of them 150 feet high and close to busy roads. Obviously something has to be done, and quickly. Pennsylvania's reclamation standards, which may soon be tightened further, should become the minimum for the whole nation. The Nixon administration has proposed that Congress set federal standards for reclamation, to be applied within two years if states don't enact sufficiently strong rules in the meantime. But the states should not need a prod from Washington. Public indignation is rising, and a whole new industry is, in a sense, on trial for its life. PAGENO="0238" 22S [From Montana Law Review, Winter 1971] STRIP MINING RECLAMATION REQUIREMENTS IN MONTANA-A CRITIQUE I seek acquaintance with Nature,-to know her moods and manners. Primitive nature is the most interesting to me. I take infinite pains to know all the phenomena of spring, for instance, thinking that I have here the entire poem, and then, to my chagrin, I learn that it is but an imperfect copy that I possess and have read, that my ancestors have torn out many of the first leaves and grandest passages, and mutilated it in many places. I should not like to think that some demigod had come before me and picked out some of the best of the stars I wish to know an entire heaven and an entire earth i_Henry David Thoreau March 23 1856 I INTRODUCTION While the present clamor over environmental issues continues, most public attention has been focused on pollution problems concerning air and water. Little concern has been expressed over the ravaged land resulting from industrial use, except in those states burdened with emasculated landscapes Eastern Montana is a potential strip-miner's paradise; hence, the problem of restoration can no longer be ignored and has, in recent months, become a major political issue The state legislature has been concerned with this issue during the last two sessions, yet minimal effective progress has been made in providing adequate reclamation re- quirements In order to determine what measures are necessary to reclaim spoiled land areas, consideration must be given to the detrimental effects from the stripping operation, present legal requirements for restoration, the practical implementation of reclamation procedures, and the need, if any, for more stringent regulation of the reclamation process Coal strip mining involves removing layers of soil overlying the coal seam and is thus a more economical means of extracting coal from shallow beds than sub surface mining 2 Two methods are usually employed depending on the topography of the area to be stripped 3 On relatively flat terrain area stripping is utilized Initially, a cut is made across the area to be mined in the form of a long trench; the overburden is removed by explosives and excavating machines. As each successive cut is made, the spoil is dumped in the previous cut The final cut is generally left open to fill with water The result unless graded is a series of spoil banks which resemble the ridges of a washboard.4 On a hilly or mountainous terrain contour stripping is employed The overburden removed is deposited at the outer edge of the cut More cuts are then made along the hillside The visual effect is a bench along a hill bordered on one side by a high wall and on the other by a rim of deposited overburden which forms a slope down the hillside The mining operation usually contains four stages clearing the site to be mined removing the overburden extracting the coal and transporting it to market 6 For effective reclamation it is necessary to integrate reclamation procedures into these various stages In 1967 the Department of the Interior reported that in the TJrnted States prior to 196i, approximately 3.2 million acres of land had been disturbed by surface mining 8 Coal mining accounted for 41 percent of the total acreage disturbed As of January 1 196o 26 000 acres in Montana had been affected by surface mm ing 19 600 of which remained unreclaimed i5 During the same period strip mining of coal affected only 1 bOO acres of the aforementioned total ° but it is estimated 111 PORTER IN WILDNFSS IS THE PRESERVATION OF THE WORT D 56 (19671 U S DEP T OF INTERIOR SURFACE MINING AND OUR ENVIRONMENT 33 (i967) Note Local Zoning of Strip Mining 57 KY L 1 740 (i969) 3 R Donley °iome Observations on the Law of the Strip Mining of Coal 11 R0CEY MT MINERAL L INST 124, i25 (i966); ENVIRONMENT, supra note 2 at 34. ~ let 5 Id i ENVIRONMENT supra note 2 at 37 `Id at 39 This figure included only excavation and areas required to dispose of spoil or waste from mining operations An additional 390 000 acres were affected by access road and exoloration a tivities 8 The term surface mining does not refer to coal strip mining alone it inciudes other fuels and minerals extracted by removing overiymg strata e g sand gravel pho phate marble gold and copper 5 ENVIRONMENT, supra note 2 at 39. 1~ Id. at lii, app. I, table 2. 11 Id. at 110, app. I, table 1. PAGENO="0239" 22~ that 3.1 million acres of land in eastern Montana contain coal deposits extractable by the stripping method.'2 On the basis of these figures it is apparent that Montana's coal potential has barely been tapped. The statistics also indicate that little reclamation has been achieved in Montana. With the probability of an increase in coal production, the necessity of reclamation requirements is even greater. II. ENVIRONMENTAL EFFECTS Strip mining disrupts the balanced ecosystem in four general ways: (1) pollution of air, (2) pollution of water, (3) disruption of soil cover and vegetation growing thereon, and (4) destruction of the aesthetic value of the landscape.'3 The contribution of coal strip-mining to air pollution is relatively slight. Dust which is activated by digging and hauling overburden and smoke from any combustion occurring when the coal is exposed to air is minimal and provide irritants which are more annoying than toxic.'4 Water, however, is highly affected by the stripping operation. In removing overburden, certain sulphur-bearing minerals are exposed.'5 While Montana's lignite deposits are generally low in sulphur content, the sulphur factor incr~eases in other types of coal.'6 When exposed to air and water, these sulphur-bearing minerals oxidize, forming sulfuric acid which may enter streams via surface runoff or ground water. Streams with high-acidity in turn upset the balance of animal life and vegetation in the area dependent on the water 5OUrce.'7 The exposure of acidic minerals also poses problems in later attempts to revegetate spoil banks.18 Since the topsoil and vegetative cover is stripped from the mined area and left in conglomerated heaps, resulting spoil banks and stripped land areas lack the protective timber and other plant growth which regulates surface runoff. Consequently, the area loses most of its immunity to erosion from water and wind. In areas of high precipitation, the sediment yield increases, clogging streams and endangering the area by possible lanthlides." Research conducted in Kentucky indicated that [sediment] yields from coal strip-mined lands can be as much as 1,000 times that of undisturbed forest. During a four-year period, the annual average [sediment yield] from Kentucky spoil banks was 27,000 tons per square mile while it was estimated at only 25 tons per square mile from forested areas.2° Although erosion is directly related to the amount of precipitation, these prob- lems will still exist to some degree in semi-arid regions.2' Perhaps the most obvious detriment caused by coal strip-mining is the destruc- tion of the natural landscape, leaving instead eyesores of spoil banks, open cuts and access roads. As the timber and other plant life thriving on the topsoil is cleared in preparation for mining, wildlife dependent on the area for its habitat and food supply are also displaced. The aesthetic beauty of the surrounding land- scape is diminished by the despoilation of one small area.22 It is probably the aesthetic quality more than any other factor that brings the reclamation problem to public attention. After decades of watching scenic areas disappear beneath the giant teeth of industry, many states belatedly recognized that abatement of barren landscapes could only be accomplished by placing specific obligations on industry to restore what they have disrupted. The advancement of legislation oriented to solving environmental problems has been slow, but in some states controls have been strengthened by creating centralized administration of the reclamation process, penalizing operators who fail to reclaim and specifying reclamation requirements. 13 1969 GOVERNOR'S CONFERENCE ON MINED ND RECLAMATION AND MONTANA MINING LAW, PROCEED- INGS AND RECOMMENDATflNS 37 (JUNE 1C70). 13 ENVIRONMENT. supra note 2 at 56; E. Clyde. Legal Problems Imposed by Requirements of Restoration and Beautification of Mining Properties, 13 ROCKY MT. MINERAL L. INST. 191, 211 (1967). 14 ENVIRONMENT, supra note 2 at 56, 68: C. Boley & W. Kube, Western Goals: Some Trends in Utilization and Research, WESTERN RESOURCES PILFERS 195 (Vol. 8, 1966). 11 ENVIRONMENT, supra note 2 at 56, 63. Legal Problems, supra note 13 at 199. 10 Sulphur content of U.S. coals Varies from 0.2 percent to 7.0 percent. Approximately 69 percent of the Montana deposits contain 0.7 percent or less of sulphur. Western Kentucky coals average about 3 percent sulphur or more while 91 percent of West Virginia's reserves have a sulphur content of 3 percent or less. U.S. BUREAU OF MINES. DEPT. OF INTERIOR, CIRCULAR No. 8312, SULPHUR CONTENT OF UNITED STATES COALS 1, 3,4 (1966). 17 ENVIRONMENT, supra note 2 at 63. 18 Obserrations. supra note 3 at 127. 19 ENVIRONMENT. supra note 17. 20 Id. 21 "At some idle surface mines in arid country, the eflects of wind and water erosion are still evident on steep spoil banks that were abandoned many years ago." ENVIRONMENT, supra note 2 at 63. 22 Proceedings of the White House Conference on Natural Beauty. Beauty for America, ch. 12 (1965); ENVIRON- MENT, supra note 2 at 52, 56, 63; The Missoulian, Nov. 19, 1970 at 11, col. 1. PAGENO="0240" III. PRESENT RECLAMATION REQUIREMENTS-COMPARISONS Reclamation legislation falls into two categories: basic reclamation emphasizes preventive measures which will reduce the detrimental side-effects of strip mining, such as erosion and pollution; rehabilitation extends the basic reclamation process further to restore the stripped area to some productive use, such as recreational areas, agriculture use or wildlife refuges.23 In prelude to the following analysis of the basic provisions in some states, it should be noted that the legislation of Ken- tucky and West Virginia are generally concerned with basic reclamation while Montana, Wyoming and North Dakota appear to speak to rehabilitative pro- grams.24 A. Kentucky and West Virigina Since Kentucky and West Virginia rank among the top coal-producing states in the nation,25 their legislation has formed a basis on which other states have built their restoration programs. By 1965, the acreage disturbed by the strip-mining of coal in Kentucky totaled 119,200 while in West Virginia, 192,000 acres had been affected.26 Both states have created a Division of Reclamation within their respec- tive Departments of Natural Resources to administer the reclamation of strip- mined lands.2' An operator must obtain a permit to mine in either state,28 which i~ conditioned upon submission of reclamation plans with the application for the permit 29 in addition to payment of fees and performance bonds.3° The fees and bonds are deposited in a special reclamation fund.3' In Kentucky, the application fee is fifty dollars plus twenty-five dollars per acre disturbed; 32 the performance bond ranges from one hundred to five hundred dollars per acre, with a minimum bond of two thousand dollars.33 West Virginia requires an initial application fee of one hundred dollars which is reduced to fifty dollars on renewal ~ plus a performance bond similar to Kentucky's with a minimum of three thousand dollars.35 In both states the Division has the discre- tion to deny an application to strip mine in an area which in its judgment could not be properly reclaimed or may prove a hazard to public health or the aesthetic value of the landscape.3° Mandatory reclamation procedures include covering the exposed coal seam with four feet of non-toxic material, sealing off acid water, burying all acid- producing and other toxic materials, and preventing or treating surface runoff.37 According to the method of strip-mining utilized, certain techniques of backfilling and grading are required 38 followed by revegetation in conformance with the pro- 23 ENVIRONMENT, supra note 2 at 81. 24 Compare KENTUCKY REVISED STATUTES § 350.202 (1969) [hereinafter cited as KRS] and WEST VIRGINIA CODE § 20-6-1 (Cum. Supp. 1970) (hereinafter cited as W. VA. CODE] with WYOMING STATUTES § 30-96.4 (1957) (Supp. 1969) [hereinafter cited as W.S. 1957]; NORTH DAKOTA CENTURY CODE § 38-14-01 (Supp. 1969) [hereinafter cited as ND]; and REVISED CODES OF MONTANA §1 50-1001-1005 (1947) (Supp. 1970) [hereinafter cited as R.C.M. 1947]. 25 Observations, supra note 3 at 123, 124; ENVIRONSOENT supra note 2 at 115, app. I, table 13. 26 ENVIRONMENT, supra note 2 at 110, app. 1, table 1. 27 ERS § 350.050: W. VA. CODE § 20-6-3. 28 KRS § 350.060(1); W. VA. Code § 20-6-8. 29 §1 350.060(6), 350.090; W. VA. CODE § 20-6-9. 30 § 350.060(7); W. VA. CODE §1 20-6-8. 20-6-16. 31 ERS § 350.140; W. VA. CODE § 20-6-8. 32 ERS § 350.060(7). 23 Id. which states in part: In determining the amount of the bond within the above limits, the commission shall take into consideration the character and nature of the overburden, the future suitable use of the land involved and the cost of backfilling, grading and reclamation to be required. In a particular instance where the circumstances are such as to warrant an exception, the Commission, in its discretion, may reduce the amount of the bond for a particular operation to less than the required minimum. 31W VA. CODE § 20-6-8. ~ Id. § 20-6-16. 36 ERS § 350.085; W. VA. CODE § 20-6-11. 37 KRS § 350.090; W. VA. CODE § 20-6-14. 38 W. VA. CODE § 20-6- 13; KR5 § 310.093 which states in pert: (1) On lands where the method of operation does not produce a bench (area strip mining), complete backfilling shall be required, beginning at or beyond the top of the highwall and sloped to the toe of the spoil bank at a maximum angle not to exceed the approx- mate original contour of the land with no depressions to accumulate water. Such hackfilling shall eliminate all highwalls and spoil peaks. Whenever directed by the division, the operator shall construct in the final grading, such diversion ditches or terraces as will control the water runofl on long uninterrupted slopes. Additional restoration work may be required by the division according to regulations adopted by the commission. (2) On lands where the method of operation produces a bench (contour strip mining), terrace backfilling shall be required and performed as follows: (a) All highwalls must be reduced or backfilled. The steepest slope of the reduced or backfilled highwall and of the outer slope of the fill bench shall be no greater than forty-five degrees from the horizontal; provided however, if the highwall is composed of solid rock and sufficient soil is not available to backfill or cover the solid rock suitable to establish vegetative cover, the commission, by regulation, may make modifications to the requirements of this section; (b) The table portion of the restored area shall be a terrace with a slope toward the reduced highwall of not greater than ten degrees; (c) The restored area shall have a minimum depth of four feet of fill over the pit from which the coal has been removed; (d) There shall be no depressions to accumulate water but lateral drainage ditches connecting to natural or constructed waterways shall be constructed whenever directed by the division. The requirements in West Virginia are substantially the same. PAGENO="0241" 2~31 posed reclamation plan.39 Revegetation may be deferred if investigation proves that the soil is presently unsuitable for planting.4° After each stage of reclamation, that is, backfilling, grading and providing vegetative cover, a portion of the bond set aside for that stage is refunded.4' Reclamation of the stripped area must generally be completed within one year after expiration of the permit.42 Provisions have been made in both states with regard to reclamation of those lands mined prior to the enactment of restoration requirements. In Kentucky, the state may acquire those "orphaned land areas" which operators have left bereft and reclaim them with state and federal funds.43 However, no land may be acquired to which a bond is attached,44 thus it is necessary for a bond to be for- feited on land presently mined and not restored before the state may intervene and reclaim. West Virginia has a unique approach to this problem. Instead of placing the burden on taxpayers to reclaim orphaned land, it requires all operators to pay a special reclamation fee of thirty dollars per acre before they may engage in strip-mining;4' these monies are applied solely to the reclamation and rehabilita- tion of derelict lands by the director of natural resources.4' The requirements of Kentucky and West Virginia reveal a trend in those states where strip-mining is a major industry to leave less of the determination of reclamation procedures to the discretion of the mine operators. Both states insist on the commencement of the reclamation process before the mining operation has ceased; backfilling and grading, for instance, are required to be completed within specified time limits before the machinery is removed from the stripped area.47 This not only insures the completion of these processes but reduces the cost to the speaker.4' Since contour stripping is the primary method of coal strip-mining in these states,4' many opponents of more stringent relamation laws discount comparisons of reclamation problems in the Appalachian regions with portents of what may occur in regions where area stripping is employed and strip-mining of coal is minimal as in Montana. However, it is neither necessary not practical to await development of erosion and pollution problems, regardless of the method of mining utilized, before instituting basic reclamation procedures which could have pre- vented the problems initially. B. Wyoming, North Dakota and Montana Wyoming, North Dakota and Montana along with six other western states contain over 53 percent of the nation's coal reserves; 50 however, the strip-mining of coal in these states is embryonic compared to the development of this industry in Kentucky and West Virginia." Thus the legislation of these states provide marked contrast to their eastern counterparts for it usually lacks specificity as to what reclamation requirements must be fulfilled by the operator. In Wyoming, an operator pays a fifty dollar fee'2 and performance bond" of an amount determined by the commissioner of public lands who administers the reclamation act.'4 The nature of the restoration program is left almost entirely to the discretion of the mine operator who need only submit an annual report stating what steps have been taken to reclaim the mined area." The only mandatory re- quirement is that peaks and ridges be graded to a rolling topography." Only "if 2~ KRS § 350.095; w. VA. CODE § 20-6-10. 40 KRS 350.100(2); W. VA. CODE § 20-6-15. 41 KRS §~ 350.093(6), 350.110; W. VA. CODE §~ 20-6-10, 20-6-15. 42 KRS § 350.100(1); W. VA. CODE § 20-6-12. Failure to comply with reclamation requirements within the designated time limits results in revocation of the permit and forfeiture of the bond. No subsequent permit will be issued until the operator who forfeited has paid the bond amount as well as any additional sum deemed necessary to adequately reclaim the area. KRS § 350. 130; W. VA. CODE §~ 20-6-25, 20-6-8. 42 §~ 350.152. 350.153. ~ Id. § 350.158. ~` W. VA. CODE § 20-6-17. 40 Id. 47 KRS § 350.093(4); W. Va. CODE § 20-6-10. 48 ENVIRONMENT, supra note 2 at 37, 39. 40 Id. at 34. 20 U. Sullivan. Land Reclamation Problcms and Their Effect on the Notion's Coal Industry, WESTERN RESOURCE PAPERS 185 (Vol. 0, 5966). Of the coal resources in the nation, Wyoming contains 7 percent of the total; North Dakota contains 20.5 percent and Montana contains 12.5 percent U.S. GEOLOGICAL SURVEY AND BUREAU OF MINES, T)zp'T. OF INTERIOR, MINERAL POTENTIAL OF EASTERN MONTANA--A BASIS FOR FUTURE GROWTH 52 (prepared at the request of Senator Mike Mansfteld, 1964). 51 ENVIRONMENT. supra note 2 at 115, app. I. table 11. 52 W.S. 1957, § 30-96.5(7). `~ Id. i 30-96.06. 5~ Id. § 30-96.10. 55 Id. § 30-96.6(e). 56 Id. § 30-96.6(a). 69-142 0 - 72 - 16 PAGENO="0242" 23:2 practicable" must the operator seal the exposed coal seam with at least two feet of cover and revegetate ~ If he fails to comply, there is no specific provision made for p~na1ties There is no minimum bond required nor is a specific amount set out to be collected in case of forfeiture Furthermore, Wyoming s reclamation statute excuses any operator who has completed strip mining on an area prior to the effective date of the act from any obligation to reclaim these orphaned lands,i8 but omits any provisions as to how these areas will be restored In 1967 the Montana legislature set forth the standard of "useful production" for reclamation of those lands on which strip-mining of coal had been conducted.5° The act incorporating this standard provides that the Montana Bureau of Mines and Geology is authorized to enter into contracts with those operators presently strip mining coal in the state to provide for reclamation of those lands affected ~° By entering into such a contract any strip coal mine operator may annually receive credit against his license tax in an amount equal to one-half of the rea- sonable value of the reclamation work done in the previous year 61 Such reasonable value is determined by the Bureau which inspects each operation annually and reports its findings to the state board of equalization 62 The term "reclamation" is not defined specifically by the 1967 act, but its statement of policy encourages reclamation of stripped land to avoid soil and stream pollution by returning the land to useful production.61 This is the only mention made of any standard for reclamation but what constitutes useful pro- duction is not defined. Moreover, the major portion of the statement of policy is devoted to a descriptive analysis of the coal production potential of this state and the legislature s determination to implement such production as soon as possible to enhance the economic welfare.64 The act omits any specifications of reclamation standards to be met by mine operators in their contracts and by such omission, leaves the determination of such standards to the Bureau. Further- more, no provision is made for penalizing operators who fail to reclaim. At best, the 1967 act can only be defined as a step forward or an indication of interest by the state in acknowledging that a reclamation problem does exist in Montana. Its practical effect was merely codification of existing practice. Appar- ently the glaring deficiencies of the act prompted further legislation from the 1969 session 65 While the 1969 act carries over the standard of useful production, it defines productive use to include reforestation, revegetation for grazing or crop harvest wildlife refuges lakes or ponds and recreational or industrial sites 66 From its expression of concern over improving or maintaining the tax base and safeguarding the health and welfare of the people as well as the aesthetic value of the land, contrary to the 1967 act, the latest statement of policy seems more environmentally-oriented.67 Under the 1969 enaptment any operator who engages in strip mining where the overburden exceeds ten feet in depth 68 has the option of either contracting for the reclamation of the area disturbed or obtaining a permit to mine from the Bureau.69 To obtain a permit, the operator must submit a bond which attaches to the acreage affected and payment ranging from a $25 fee and $7 50 per acre for areas of ten acres or less to a $275 fee and $2 50 per acre for areas exceeding fifty acres.7° These fees are deposited in the general fund in the state treasury.71 The permit can be renewed annually without payment of any additional fees 72 s~ Id § 30-96 6(c) (d) 18 Id. § 30-96.4. ~ R.C.M. 1947, §~ 50-iOOl to -1004. 60 Id. § 50-1002. 61 Id. § 50-1004. 62 Id. 63 Id. § 50-iOOi. 64 Id. 65 Id. §~ 50-1005 to -1007. 66 Id. § 50-1005. 67 Id 68 Three-fourths of th ecoal deposits in Montana lie in beds 120-1,000 feet below the surface. U.S. GEOLOGICAL SuavEY AND BUREAU OF MINES, supra, note 50 at 49. 60 R.C.M. 1947, § 50-1007. 70 Id. §50-1008(2) which states in part: For an area of ten (10) acres of less to be affected during the permit term, a fee of twenty-five dollars ($25) and an amount equal to the amount of seven dollars fifty cents ($7.50) multiplied by the number of acres to be affected between two (2) and ten (10) acres inclusive for an area of more than ten (10) acres but not more than fifty (50) acres to be affected during the permit term a fee of one hundred dollars ($100) and an amount equal to the amount of three dollars fifty cents ($3 50) multiplied by the number of acres to be affected between eleven (ii) and fifty (50) acres, inclusive: for an area of more than fifty (50) acres to be affected during the permit term a fee of two hundred seventy Os e dollars ($275) and an amount equal to the amount of two dollars fifty cents ($250) multiplied by the number of acres to be affected in excess of fifty (50) acres Upon the receipt of the application a bond or security and all fees due from the operator the commission shall issue a permit to the applicant which shall entitle him during the permit term to engage in surface coalmining on the land therein described. ~` Id. §50-1012. 72 Id. §50-1008(5). PAGENO="0243" 23~3 Under the permit system, an operator is required to submit a reclamation plan not later than the first day of December following the first year of the permit term ~3 this plan designates the productive use to which the land shall be reclaimed The operator must grade all peaks and ridges to the original grade or one in con formance with the use designated in his plan ~ as well as revegetate the disturbed surface in accordance with the use proposed ~ Reclamation must be completed within three years of the expiration of the permit with an allowable extension not to exceed five years 76 However the 1969 act deems an area reclaimed after the second seeding or planting whether the seeding is successful or not ~ If the oper ator fails to reclaim the land affected by his strip mining he forfeits $200 per acre of the bond deposited and upon forfeiture is released from any further obligation to reclaim the affected area 78 When forfeiture occurs, the Bureau is empowered with the authority to reclaim the affected area ~ North Dakota s requirements are substantially the same as the 1969 reclamation act of Montana,80 except in two areas The permit system is used exclusively 81 and its reclamation act is administered by the state mine inspector 82 under the auspices of the state public service commission 83 Iv PROPOSED REVISIONS FOR MONTANA The preceding discussion illustrates the diverse approaches to reclamation and poses problem areas to which states are still seeking practical solutions Who should administer the reclamation process to insure compliance by industry? What method of regulation of strip mining best insures the reclamation of land? What is the minimum amount that should be required in performance bonds to achieve adequate reclamation? Are penalties on forfeiture high enough to encour age reclamation by the operators instead of the state? A Voluntary Contract v Permit Superficially it appears that the specific requirements set out in Montana's 1969 reclamation act indicates a maturation of legislative minds regarding the needs for insuring restoration of strip mined lands however, that act failed to rectify the most patent loophole in the 1967 legislation, that is, permitting reclama tion on the basis of a contract without setting standards that must be included in the contract Out of all the state legislation previously discussed Montana stands strikingly alone in this permissive concept It is of little surprise that of all the strip mining operations presently being conducted in this state, none of the operators chose to employ the permit method 84 The numerous weaknesses of the contract system are exemplified by the following provisions extracted from an agreement presently in effect in Montana 83 7~Id §50-1009(8) 7~ Id §50-1009(i)-(5) which states (1) All ridges and peaks of land affected by surface coal mining within six hundred sixty (660) feet of existing right of way and which are visible from any public road maintained with public funds public building or cemetery that is being maintained in a usable condition shall be graded to a rolling topography traversable by machines necessary for maintenance in accordance with planned use with slopes having a grade no greater than the originai grade of the overburden of that area prior to mining. (2) The operator shall construct earth dams where lakes may be formed in accordance with sound engineering practices if necessary to impound water provided the formation of the lake or ponds will not interfere with underground or other mining operations. (3) On all affected land which is to be afiorested the operator shall construct reasonable access roads through the area (4) On all affected land which is to be seeded to pasture the operator shall wherever reasonable stake off all peaks or ridges to a minimum width of thirty five (35) feet at the top (5) On all affected land which is to be used for crops inlcuding hay the operator shall grade peaks and ridges and fill valleys in such manner that the reclaimed land will not have grades greater than the original grades of the overburden of the area prior to the coal mining operation 75 Id. §50-1009(9). ~6Id §50-1009(10) ~ No planting is necessary where pools or lakes may be formed by rainfall or surface runoff Id 78 Id. §50-1011(5). 79 Id. §50-lOii(6). 80ND §~3s i40ito-14-i3 8i Id. § 38-i4-04. 8iId §3814 ii 83 Id § 38-14-02(12) 84 MONT LAW Fosimsi 3 (1970) The state now has weaker voluntary contract [sic] with four coal corn parnes Thy are Knife River Coal Co Peabody Coal Co Western Energy Co and Rosebud Coal Sales Co The Missoulian Dec 16 1 70 at 16 col 6 85 The material included in the following paragraphs (a)-(g) was obtained from a contract entitled Sus face Coal Mine Land Reclamation Agreement To maintain anonymity the mine operators are not identified Access to these contracts is not readily available unless one is located in the Butte area A Bureau spokesman stated that these contracts are open to public inspection at the Bureau of Mines and Geology however no copies ~ ould be sent out if requested Interview with Robert Matson Bureau of Mines and Geology by telephone December 21 1970 PAGENO="0244" 234 (a) a plan of reclamation must be submitted within twelve months after mining has commenced but designation of the productive use is entirely in the operator's discretion based on technical and scientific knowledge available. However, adoption of the plan is based on the value of the land surface prior to mining, the cost of reclamation and the reasonable value of the surface after reclamation; (b) peaks and ridges were to be graded to a width of fifteen feet at the top; (c) coal seams were to be covered with at least two feet of earth or spoil material unless already covered by two feet of water; (d) in final cuts and other depressed areas where water could collect, no backfilling and revegetation was necessary; (e) planting could be held in abeyance for ten years to allow for natural weathering and leaching of toxic material and, if at the end of that time, plant growth was still inhibited, then the area would be considered unpiant- able; (f) a performance bond of approximately two hundred dollars per acre (exact amount unknown) was required; and (g) reclamation was to be completed within three years after the adoption of the reclamation plan. This contract was subject to termination by mutual consent or by either party upon giving six months notice. Any amendments to the agreement had to be approved by both parties. It is evident that such agreements do not provide the state with authority to prohibit or prevent detrimental effects from occurring or permit the state to insert new reclamation procedures into these operations without the agreement of the operators. Furthermore, the agreement makes no provision for its enforcement, thus necessitating court action by the Bureau. Effort has been made within the last year to alleviate the leniency of these contract terms by creating a model contract form which more adequately insures restoration of the strip-mined area.86 In the most recent draft the contract in- corporates many of the reclamation requirements present in the permit sections of the 1969 statute: (a) before mining commences the operator must submit a reclamation plan designating the productive use to which the land shall be restored to the Bureau which must be approved or disapproved within sixty days of its receipt;87 (b) the Bureau will work in conjunction with an Advisory Committee composed of a member from the following: Soil Conservation Committee, Fish and Game Department, Office of State Forester, Department of State Land and Investments, Water Resources Board, Department of Planning and Economic Development, and the Department of Health; 88 (c) measures which prevent erosion and pollution require an operator to provide drainage controls, cover the coal seam, stockpile removed soil and replace it at a depth sufficient for plant growth on slopes of 2:1 or less, grade spoil banks to a minimum width of twenty-five feet, unless otherwise specified, and remove or bury waste material; 89 (d) vegetative cover in accordance with the land use designated need only be provided "to the extent reasonable and practicable" and only two seedings are required; 90 (e) payment of a performance bond or a reasonable alternative in a mini- mum amount of two hundred dollars per acre disturbed; 91 and (f) reclamation is to be concurrent with mining operations "as feasible" and completed within a "specified reasonable length of time." 92 The latter term is not defined. The contract may still be terminated by mutual consent or by either party giving six months notice if all the "obligations arising from mining operations already conducted have been performed." ~ While providing slight improvement over previous agreements, the deficiencies of the proposed model contract expose the fallacies of the contract system. Ambigious terms fail to bind the operator to complete reclamation within a specified, predetermined time, to revegetate at all if some determination of im- 86 Montana Council on Natural Resources, Surface Coal Mine Land Reclamation Contract, Draft Copy (October 30, 1970); see also The Missoulian. Dec. 16, 1970 at 16, col. 6. 87 Model Contract, supra note 86 at Sec. I. 88 Id. at Sec. I and Definitions (k). 89 Id. at Sec. II (c)-(f). 9~ Id. at Sec. II (b). But see Sec. II (k). 9' Id. at Sec.VT. 92 Id. at Sec. II (1). 93 Id. at Sec. IX. Upon failure to complete reclamation within the time specified, the Bureau may enjoin further mining, sue for damages for breach of contract, for payment of performance bond, or for both. Sec. III. PAGENO="0245" 23~ practicality is made, or to conform, if he refuses, to reclamation procedures that may be deemed necessary in the future. In order for the state to maintain its control over strip-mining reclamation and to assure the public that adequate restora- tion will be accomplished, it is mandatory that the voluntary contract system be abolished. Testimony at a meeting of the Governor's Conference Committee on Mined-Land Reclamation emphasized the necessity for this action ~ but appar- ently failed to make any ithpact on the Committee whose later recommendation was to retain the contract system and repeal certain provisions of the 1969 statute pertaining to the permit system.95 B. Administration As noted earlier, administration of reclamation procedures in the various states has been entrusted to various entities: sp'~cially-created divisions of reclamation, the commissioner of public lands, the state mine inspector, and in Montana, the Bureau of Mines and Geology. The obvious fault in allowing the Bureau this power is that it is basically industry-oriented; there is little, if any, check and balance provided.O6 Discussion on removing the administrative power from the Bureau at this point may be moot in light of the re-organization of state agencies that will take place; however, it is essential to recognize what type of administrator is necessary. In West Virginia and Kentucky, the Division of Reclamation operates under the auspices of the Commission on Reclamation, composed of the director of natural resources, the chief of the division of reclamation and the director of the depart- ment of mines.97 This would be a workable solution for the administration dilemma in Montana. The Governor's Conference Cummittee initially recommended that the administration should be placed in the state land commission; 98 however, it later emphasized the necessity of a commission which would be free from partisan political pressures and suggested that a qualified expert be hired by the land board on a tract basis, or as an alternative, that a professor of mined-land reclamation be established at Montana State University who could also serve as the adminis- trator.55 Most recent releases indicate the Committee has vetoed the latter proposal and the choice now lies between the water resources board or a new board.100 C. Adequacy of Performance Bonds The most controversial concern in the reclamation issue is determination of the basic costs of restoration of coal strip-mined areas and where the burden of these costs should be allocated. Industry-oriented groups claim that making the miner pay the total costs discourages the attraction of industry into the state thus reducing state revenues; taxpayers, on the other hand, are outraged if reclamation costs are passed on to them in the form of increased taxes. Most of the uproar stems from inadequate cost data analysis as to what is financially necessary to attain various reclamation objectives. In order to fill the statistical void, the federal government has been studying reclamation programs throughout the nation.'°1 In 1967, the Department of the Interior estimated that the cost of a basic reclamation program included approximately $100 to $200 per acre for revegetation and $100 per acre for minimum grading of area stripping to confine silt and sediment and cover toxic materials.'02 At the minimum then it costs approximately $200 per acre merely to control erosion and pollution; however, to develop a stripped-area to a productive use level, the expenditures increase. Rehabilitation of stripped areas to cropland use requires at least an estimated $600 per acre; for rangeland, $bOO per acre; for recreational purposes, close to $700 per acre; and for wildlife habitats, $400 per acre.103 These figures indicate that in Montana, where the legislative policy directs reclamation in rehabilitative terms, restoration costs of its 3.1 million acres of potential coal reserves reach staggering proportions.'°4 ~` CONFERENCE, supra note 12 at 4. 95 Id. Recommendation V at 60. "Id. at4. 97 W. VA. CODE § 20-6-6; KRS 350.024. 08 CONFERENCE, supra note 12, recommendation V at 60. 0~ The Missoulian, Oct. 6, 1970 at 16, col. 1. 100 The Missoulian, Dec. 20, 1970 at 18, col. 1. 101 ENVIRONMENT, ssopra note 2 at 82. 102 Id. 103 Id. at 84. 104 Reclamation costs in the Fort Union area are estimated in the range of $300 to $800 per acre, broken down as follows: (1) leveling to a rolling topography, $200; (2) topsoiling, $150 to $400; and (3) revegetation, $50 to $200. CONFERENCE, supra note 12 at 28. PAGENO="0246" To place this seemingly onerous burden on industry alone reinforces its lament that it will reclaimed out of business 105 but the latter survey also indicates that in 1960 the approximate reclamation costs per ton of lignite coal mined by stripping in Montana ranged from .013 dollars to expend $300 an acre for reclamation to 034 dollars for $800 an acre i08 Therefore reclamation even to the luxurious point of providing a productive use seems achievable at minimal costs to industry A British industralist noted that atter meeting the extensive restoration require ments in England the average cost of this reclamation was one dollar per ton of coal mined but even after meeting this cost his company managed to make a profit of two dollars per ton on strip-mined coal.107 Mont~na presently recovers only $200 per acre on bond forfeiture under the model contract form and the 1969 permit system 108 This amount affords only minimal basic reclamation it would not finance most rehabilitative programs If the state legislature intends to accomplish the reclamation ideals declared in its statements of policy, bond penalties must be increased IV. CONCLUSION Certainly there are no quick simple solutions to the reclamation problems in Montana however, this comment dispenses inescapable conclusions that can no longer be ignored Although the Appalachian situation has not occurred in Mon tana, the devastation of that area can be attributed in part to political hedging of state governments which acted belatedly from hindsight rather then foresight Legislation must be initiated which corrects the ills of past enactments Regu lation of the reclamation process must be stregthened before acreage disturbed by strip mining coal and other minerals and fuels reaches insumountable proportions Adequate reclamation cannot be accomplished by requiring revegetation `to the extent practicable and reasonable' and then relieving the operator of further obligations after the second seeding by allowing an operator to place the burden of restoration on the state by forfeiting a bond of a mere two hundred dollars per acre and by allowing reclamation to be a product of the bargaining table The permissiveness of the contract system cannot be tolerated To insure complete regulation of the reclamation process, operators must be required to obtain permits which place specific obligations on them to complete designated restoration requirements Administration must be placed in an entity that is not a mere extension of the mining industry As long as provisions for hearings and appeal exist, industry has the opportunity to state its position In designating an administrator consideration should be given to the technical expertise necessaiy to plan all aspects of reclamation programs Funds must be allocated to promote research in accomplishing successful revegetation land planning and cost analysis The amounts of bond forfeitures must be increased to secure adequate financing of mined land restoration If orphaned land areas exist in Montana, monies to reclaim these areas should be a cost of industry under provisions similar to West Virginia While the earth lies victim to public apathy and abatement of pollution is a political foil, more landscape will disappear and, perhaps, irreparable injury to our environment will occur If this is the cost of industrial economic progress it ~il1 be borne by future generations who may someday echo Thoreau's lament SANDRA MUCKLESTON 105 For industry s viewpoint see T Gwynn The Effect of Strip Mining on the Human Ecosystem Dec 12, 1969 (unpublished pubiic relations report of Montana-Dakota Utilities Co.). 106 The precise breakdown is as follows $ 013 to expend $300/acre $ 017 for $400/acre $ 021 for $500/acre $ 026 for $600/acre $ 030 for $700 and $ 034 for $800/acre ENvIRONOIENT supra note 2 at 114 app I table 7 107 Proceedings of the White House Conference on Naturai Beauty supra note 22 at 326 108 Model Contract supra note 91 R C M 1947 50-1011(5) PAGENO="0247" STATE-FEDERAL RELATIONSHIP INTRODUCTION Twenty-eight states presently have surface mining and mined land reclamation laws. A summary of such laws is included. The laws are as varied and diverse in the provisions and conditions setting forth the State-Federal relationship as are the minerals which are covered. The relationship of these existing state statutes to proposed Federal legisla- tion is of paramount concern as are those local ordinances which apply to limited types of operations such as quarrying. Several of the bills introduced require acceptable state plans for reclamation and vary in the delegation of responsibilities and duties between the Federal government and the various states. In addition several of the bills recognize problems inherent in regional effects of surface mining for example, acid drainage affecting adjoining states. Following is an opinion setting forth the constitutional basis for Governmental regulation of mining activity on private lands, and highlights of the bills pending at the close of the 1st session. (237) PAGENO="0248" 2~3S THE LIBRARY OF CONGRESS, CONGRESSIONAL RESEARCH SERVICE, Washington, D.C. September 20, 1971. From: American Law Division. Subject: Constitutional basis for Government regulation of mining activities on private land. This memorandum is submitted in response to your inquiry as to the constitu- tional basis for the regulation of mining activities on private land by the Federal or State Governments. We regret that the haste in which this material is needed has prevented the presentation of a more comprehensive and detailed discussion. There is no legal right to exploit natural resources wherever they may be found. This principle, in conjunction with the police power to provide for the public health, welfare, safety and morals of the citizenry, furnishes the foundation for governmental units' endeavors to regulate mining activities. Comment, Constitu- tional Law-Governmenial Regulation of Surface Mining Activities, 46 N.C.L. Rev. 103, 105 (1967). The constitutional right of every person to pursue a business, occupation or profession is subject to the paramount right of the government as a part of its police power to impose such restrictions and regulations as the protec- tion of the public may require. 16 Am. Jr. 2d, Constitutional Law, sec. 313. The general rule is well settled that whenever it is necessary for the preservation of the public health, safety, morals, or peace, or for the promotion or the general welfare of the community, the legislature may prohibit absolutely the carrying on of any particular business, calling, trade, or enterprise. 16 Am. Jur. 2d, Constitutional Law, sec. 321. "In the exercise of its police power the state may forbid, as inimical to the public welfare, the prosecution of a particular type of business, or regulate a business in such manner as to abate evils deemed to arise from its pursuit." Great Atlantic & Pacific Tea Co. v. Grosjean, 301 U.S. 412, 425-426 (1937). "The term public welfare is broad and general and its limits ill defined or unde- finable. It is clear, however, that government cannot make the conduct of a legal business illegal simply because it may cause certain problems for the com- munity. . . . Regulation of such business is, of course, permitted so long as the regulation is directed towards solving the problems involved. . . . And where it is clear that the public danger is great enough the regulation can approach pro- hibition." Greater Freeniont, Inc. v. City of Freemont, 302 F. Supp. 652, 662 (N.D. Ohio 1968). Of course, action in the form of regulation can so diminish the value of property as to constitute a constitutional taking. However, the mere fact that the regulation deprives the property owner of the most profitable use of his property is not neces- sarily enough to establish the owner's right to compensation. United States v. Central Eureka Mining Co., 357 U.S. 155 (1958). The characterizing of a law as prohibiting a beneficial use to which the property has previously been devoted does not reveal whether such is unconstitutional. Every regulation necessarily speaks as a prohibition. If a law is otherwise a valid exercise of the police powers, the fact that it deprives the property of its most beneficial use does not render it unconsti- tutional. Goldblatt v. Town of Hempstead, 369 U.S. 590, 592 (1962). "A prohibition simply upon the use of property in a manner injurious to the health, morals, or safety of the community cannot, in any just sense, be deemed a taking or an appropriation of property for the public benefit. Such legislation does not disturb the owner in the control of use of his property for lawful purposes or restrict his right to dispose of it, but is only a declaration by the state that its use by anyone, for certain forbidden purposes, is prejudicial to the interests of the community." 16 Am. Jur. 2d. Constitutional Law, sec. 293. The power of the Federal Government to regulate mining activities on private land is probably based on the power to "regulate" interstate commerce in the Commerce Clause (Art. I, sec. 8, cl. 3) and the power to make all reasonable laws prohibiting or otherwise regulating such activity under the Necessary and Proper Clause (Art. I, sec. 8, el. 18). Even though there are some early judicial pronounce- ments that the production of coal in and of itself may not constitute interstate commerce, e.g., in City of Atlanta v. National Bituminous Coal Commission, 26 F. Supp. 606, 608 (D.D.C. 1939), aff'd. 308 U.S. 517 (1939), subsequent rulings of the Supreme Court appear to leave little doubt that regulation of an activity such as coal mining by Congress would be upheld under the ever expanding scope of the Commerce Clause, e.g., see Wickard v. Filburn, 317 U.S. 111 (1942), Katzenbach v. McClung, 370 U.S. 294 (1964), and most recently Perez v. United States, 402 U.S. 146 (1971)). Thus, the commerce power goes beyond reaching only that which moves or has moved in interstate commerce. If an activity affects interstate PAGENO="0249" 23~ commerce, or if a purely local activity would make ineffective or more difficult a Congressional regulation of interstate commerce if the local activity were left unregulated, then it would seem that Congress has the power to regulate it. Further, if a federal act is devoted to such matters as the promotion of safety and efficiency in interstate commerce, if it bears some reasonable and rational relationship to the subject over which it has assumed to act, the power is supreme and may not be denied, although it may include within its scope activities which are intrastate in character. Rosenhan v. United States, 131 F. 2d 932, 935 (10th Cir. 1942), cert. den. 318 U.S. 790 (1943). It might also be argued that the purpose of Congress in enacting regulation of coal mining operations is not to technically regulate commerce but basically to protect the health, safety and welfare of citizens, an exercise which would be a police power if performed by a State. See, Annotation: Illustrations of exercise by Congress, within the general range of federal powers analogous to police power exercised by state legislatures-federal cases, 99 L. Ed. 40, supplementing 81 L. Ed. 938. DA~InL HILL ZAI~EEN, Legislative Attorney. PAGENO="0250" Grade peaks to rolling Yes - Yes. topography; cover face of toxic material; divert water to reduce siltation, erosion, or other damage to streams and natural water courses; revegetate affected land. Grade ridges and peaks to Yes No. a rolling or terraced topography; construct earth dams where lakes may be formed; construct fire lanes on land to be reforested; strike peaks and ridges to a minimum of 20-feet at top on all land which is to be seeded for pasture. Grade peaks and ridges to Yes Yes. rolling topography; construct dams in final cuts; bury acid forming materials; construct fire lanes and access roads in afforested land. The operator determines the ype of planting species o be used subject to approval of the department of natural r esources. SUMMARY OF STATE SURFACE MINING A/ND MINED LAND RECLAMATION LAWS [Department of Interior, October 1, 19711 Penalty for failure to reclaim Forfeit- Denial License and/or permit State Code citation Minerals covered Application Fee requirements ure of of new Penalty Bond requirements Reclamation requirements bond permit Alabama Alabama Surface Coal, clay, sand, Application for $250. $50 fee for Not less than $500 $150 for each acre Mining Act of gravel, plus permit must be amended permit. nor more than covered by the 1969. Effective other minerals filed with the Willful misrepre- $5,000. permit. Oct. 1, 1970. except lime- department of sentation $100 to stone, marble, industrial $500. and dolemite. relations. Reclamation plan is required. Arkansas The Arkansas Open Coal clay bauxite Application for Up to 2 acres $25 Not less than $50 $500 for each acre Cut Land or other permit must be 2 to 10 acres nor more than affected Reclamation Act minerals except filed with the $200; 10 to 50. $1,000. Each day of 1971. Effective stone, sand, and Arkansas acres $500; each is deemed a July 1, 1971. gravel. Pollution Control 50 acres above separate offense. Commission, original 50 acres, Reclamation plan $500. is required Colorado The Colorado Open Coal Application for $50 Not less than $50 Not to exceed $100 Cut Land permit must be nor more than per acre of land Reclamation Act filed with the $1,000. affected. of 1969. Effective department of uly 1, 1969. natural resources. Reclamation plan is required. PAGENO="0251" Colorado Revised All minerals The operator iS Commissioner of Whenever possible type Yes Yes Statutes 1963 as except coal required to file a mines determines of reclamation to be amended by ch notice of activity whether or not a determined through 242, sessions law with the Director, performance agreement between the of 1969 Bureau of Mines bond is required commissioner of mines Upon approval of and the operator. the proposed mm ing activity the operator may be permitted to engage in mining Georgia Georgia Surface Clay stone Application for Less than 50 em Fine of not less than To be fixed by the Grade peaks and ridges to Yes Yes Mining Act of gravel sand license must be ployees $100 $100 nor more Board of Reclama a rolling topography 1968 Effective phosphate filed with the Sur annually More than $1 000 for tion not less than cover exposed toxic Jan 1 1969 rock metallic face Mined Land than 50 employees each offense $100 nor more ores or mineral solids ore, and any Use Board. Recla- $100 plus an than $500 per with a minimum of 2 other solid sub mation plan is additional $50 for acre The mini feet of soil capable of stance of corn required each increment mum accepted supporting a permanent mercial value of 50 employees bond for any plant coverage found on or in Maximum annual operator is $500 the earth except license fee not to dimension exceed $500 stone Idaho The Idaho Surface Coal stone sand No permit is re Not to exceed $500 Level ridges to a minimum Yes No Mining Act Effec gravel metallif quired The opera per acre of land width of 10 feet at the tive May 31 1971 erous and non tor is required to affected top level peaks to a for minerals ex metalliferous submit a reclama minimum width of 15 ploration Effective ores and any tion plan for ap feet prepare overburden May 31 1972 for other similar proval by the to control erosion pre surface mining solid sub board of land pare affected land to con stances comnissioners trol water runoff con The operator is duct revegetation on required to obtain mined areas overburden a permit for piles and abandoned dredge and placer roads mines or be en joined from oper ating such mines if a valid permit is not obtained Illinois The Surface Mined All minerals All operations of 10 $50 plus $25 for Not less than $50 Between $600 and Grade peaks and ridges to Yes Yes Land Conservation acres and exceed every acre to be nor more than $1 000 per acre a rolling topography and Reclamation ing 10 feet in affected $1 000 Each day is construct earth dams Act Effective depth must have a deemed a separate where lakes may be Sept 17 1971 permit from the violation formed bury acid form State department ing materials construct of mines and mm access roads through erals Reclama areas to be afforested tion plan is re plant trees shrubs quired grasses legumes to pro vide suitable vegetative cover. See footnotes at end of table p 247 PAGENO="0252" SUMMARY OF STATE SURFACE MINING AND MINED LAND RECLAMATION LAWS-Continued [Department of Interior, October 1, 1971} State Code citation Minerals covered Application Indiana Ch. 344, acts of Coal, clay, and 1967. Effective shale. Jan. 1, 1968. Iowa An act relating to surface mining, ch. 114, acts of 62d general as- sembly effective Jan. 1, 1968. Kansas Mined Land Conser- Coal Application for vation and Recla- permit must be mation Act. filed with the Effective July 1, Mined-Land 1968. Conservation and Reclamation Board. Reclamation plan is required. Kentucky1 Ch. 350, Kentucky All minerals Application for Revised Statute. permit must be Effective June 16, filed with the 1966. division of recla- mation. Reclama- tion plan is required. $50 annual fee. $10 renewal fee. Each mine site must be regis- tered. Registra- tion fee to be determined by the department of mines and minerals. $50 Not to exceed $250. Each day considered a separate offense. Coal-$50 plus $25 $100 to $1,000 fine. $100 to $500 per par acre. License Each day's viola- acre, $2,000 fee for clay, fluor- tion constitutes a minimum. spar, sand, gravel, separate offense. stone and rock $500 to $5,000 for asphalt $100 per willful violation of year. Permit fee the law. for fluorspar sand, gravel, stone and rock asphalt $25 per year. Grade overburden of each Yes Yes. pit to a substantially flat surface. Water impound- ment is encouraged. Cover face of coal or other minerals with compacted non-acid- bearing and non-toxic materials to a distance of at least 2 feet. Re- vegetate the affected area with seeds, plants, or cutting of trees, shrubs, or grasses. Backfill to top of high wall Yes Yes. and gra~e to original contour; eliminate spoil peaks; impound water; bury acid-forming materials. Plant trees, shrubs, grasses, and legumes upon affected area to provide a suita- ble vegetative cover. License and/or permit requirements Fee Penalty Penalty for failure to recla~n Forfeit- Denial ure of of new Bond requirements Reclamation requirements bond permit Application for per- $50 plus $15 per mit must be filed acre. with the reclama- tion forester. Rec- lamation plan is required. Coal, gypsum, clay stone, sand, gravel, or other ores or mineral solids. License must be obtained from the department of mines and minerals. $1,000 to $5,000 The greater of $2,000 Reduce peaks to a rolling Yes Yes. fine. $2,000 of $300 topography; impound times the number water and cover exposed of acres for which face of seam with water the permit is or earth. Revegetation to issued. conform to land-use objectives. $50 to $500 fine or Equal to the esti- Grade peaks and ridges to Yes Yes. 30 days im- mated cost of a rolling topography, prisonment, or rehabilitation construct earth dams both. each site. in final cuts; cover acid- forming material. Dis- pose or refuse by burial. Not less than $200 nor more than $500 with a $2,000 minimum. PAGENO="0253" Maine Conservation and Clay, peat, stones, The operator must $50 plus $25 per Not more than $100 Not less than $100 The type of reclamation Yes No. Rehabilitation of minerals, ores, file a mining plan acre, but not to for each day the nor more than performed is determined Land. Effective topsoils, or with the Maine exceed total of violation continues. $1,500 per acre, by the Maine Mining June 1, 1971. other solid mat- Mining Commis- ssoo. Commission. ter except sand sion which must and gravel, be approved prior to start of opera- tion. Maryland Strip mining laws of Coal Application for License fee $100 License-$5,000 to $400 per acre, Grade spoil banks to re- Yes Yes. the State of Mary- license and per- plus $10 rerieNal. $10,030 or 6 $3,000 minimum. duce depressions be- land, 1969. Effec- mit must be filed A special re~la- mnths' imprison- tween peaks to restore tive July 1, 1969. with the Director, mation fee of $30 ment, or both. terrain to as near normal Regulations effec- Bureau of Mines, per acre must ac- Permit-$500 to as possible, satisfactory tive June 24, 1970. Reclamation plan company permit $5,000 fine, to the director. Revege- is required. application. tation is required. The operator is required to deposit a revegetation bond of not less than $50 nor more than $125 per acre of land affected. Montana Montana Hardrock Any ore, rock, or Exploration license Exploration license, Violation of act: Not Not more than $500 Reclamation of the affected Yes Yes. Mining Reclama- substance, other and development $5. Development more than $1,000 per acre. land must be performed `don Act. Effective than oil, gas, permit must be permit, $25. or 6 months' in accordance with the Sept. 15, 1971. bentonite, clay, obtained from the imprisonment, or previously approved rec- coal, sand, State board of both, lamation plan which gravel, phosphate land commis- contains measures for rock, or sioners. Reclama- surface gradient restora- uranium. tion plans are tion suitable for proposed required. land use; revegetation or other surface treat- ment; public health and safety; disposal of min- ing debris; diverting water to prevent pollu- tion or erosion; reclama- tion of stream channels and banks to control erosion, siltation, and pollution. Montana Open Cut Bentonite, clay, Application for a Contract fee of $50_ - Not less than $500 $200 but not more When practicable, the Yes Yes or Strip Mined coal, sand, contract must be nor more than than $1,000 per operator is required to Land Reclamation gravel, phos- filed with the $1,000. Each day acre. establish vegetative Act, Effective phate rock, and State board of constitutes a * cover commensurate Mar, 9, 1971. uranium. land commis- separate viola- with the proposed land sioners. Reclama- tion. use. Construct earth tion plan is dams to control water required. drainage. Cover acid forming materials to a depth of not less than 2 ft. See footnotes at end of table, p. 247. PAGENO="0254" Penalty for failure to reclaim License and/or permi State Code citation Minerals covered Application Fee Forfeit Denial t requirements ure of of new Penalty Bond requirements Reclamation requirements bond permit North Carolina 1 North Dakota The Mining Act of 19,1 Effective June 11 1971 Ch 38-14 North Dakota Century Code Effective July 1 1971 Soil clay coal stone sand gravel phosphate, rock, metallic ore and any other solid material or substance. Coal clay stone sand gravel or other minerals Application for permit must be filed with the department of conservation and development, Reclamation plan is required. Application for license must be filed with the public service commission for all operations exceeding 10 feet in depth No fee required Permit will be granted if reclamation plan is approved Up to 10 acres $25 plus $7 50 times number of acres between 2 and 10 11 to 50 acres $100 plus $3.50 times number of acres between 11 and 50. 50 acres $275 plus $2 50 times number of Willful violation $100 to $1 000 fine Each day constitutes a separate violation, $50 to $1 000 Each day constitutes a separate violation Up to 5 acres $2 500 5 to 9 acres $5 000 10 to 24 acres, $12 500 25 or more acres, $25,000. $200 per acre Reclamation of the affected land is to be performed in accordance with the previously approved reclamation plan Future use of the land determines the type of reclamation to be performed Yes Yes Yes No Ohio Ch 1513 Reclama tion of Strip Mined Land Effective 1965 Coal Application for li cense must be filed with the di vision of forestry and reclamation Reclamation plan is required acres over 50 $75 plus $15 per acre $300 to $1 000 fine Each day consti tutes a separate offense $300 per acre $2 000 minimum Grade peaks to a gently rolling sloping or ter raced topography Con struct earth dams in final cuts impound water Bury acid forming mate rial Plant trees shrubs legumes or grasses upon spoil banks and upon final cuts unless covered Yes Yes SUMMARY OF STATE SURFACE MINING AND MINED LAND RECLAMATION LAWS-Continued [Department of Interior, October 1, 1971] PAGENO="0255" 245 >~ >~ 8 0~ ~ !1!~ 91 4, 6~ 8. <8 U0 *~ <0 4, ~ ~ ~-o-~ E.! _~0~E~ ~ = E = . a) .:! 00 ~ ~O1~ EX~~ ~ i~o~88~ = ~caE a) ~ 55 ~ .~ S C,, Cl) j .~ 0 0 Cl) PAGENO="0256" SUMMARY OF STATE SURFACE MINING AND MINED LAND RECLAMATION LAWS-Continued [Department of Interior, October 1, 1971] Penalty for failure to reclaim Forfeit- Denial License and/or permit requirements ure of of new State Code citation Minerals covered Application Fee Penalty Bond requirements Reclamation requirements bond permit Tennessee The Tennessee Coal, clay, stone, Application for per- $250 plus $25 per $100 to $5,000. $100 to $200 per The law sets forth dif- Yes Yes. strip mine law of gravel, sand, mit must be filed acre not to ex- Each day consti- acre. ferent reclamation 1967. Effective phosphate rock, with the corn- ceed $750 tutes a separate requirements for dif- Sept. 1, 1967. metallic ore and missioner of the annually, offense. ferent minerals. The any other solid department of State statute should be material or sub- conservation. Re- consulted to obtain stance except clamation plan is complete details. limestone, mar- required. ble, and dimension stone. Virginia Chs. 15 and 16, All minerals Application for per- $6 per acre $1,000 or 1 year Coal: $2,500 mini- Grade to a gently rolling Yes Yes. Code of Virginia mit must be tiled maximum $150. imprisonment, or mum except in topography; fill depres- of 1950 and 1968 with the division both, acres of 5 acres sions; preserve access cumulative sup- of mines, de- or less the bond roads; remove debris. plement. Effective partment of labor shall be $500. Plant trees, shrubs, June 27, 1966. and industry. Other minerals grasses, or other plants, Reclamation plan $50 per acre with where revegatation is is required. a $1,000 practicable. minimum. Washington Surface Mined Land Metallic ore, coal, Application for per- $25 per year plus $5 No amount specifiecL $100 to $1,000 per Reduce peaks and depres- Yes Yes. Reclamation Act, clay, stone, mit must be filed per acre exceed- acre, sions to a gently rolling ch. 64, laws of sand, gravel, with the depart- log 10 acres which topography. Bury acid- 1970. Effective and any other ment of natural was disturbed forming material. Grad- Jan. 1, 1971. similar solid resources. Recla- during the previ- ing and backfilling to be material. mation plan is ous permit year. done with nonnoxious, required, nonflammable solids. Vegetative cover re- quired appropriate to the future use of the land. PAGENO="0257" West Virginia Art. 6, ch. 20, the Coal, clay, flag- do $500; annual $100 to $1,000 fine $500 per acre Cover the face of coal and Yes Yes. code of West stone, gravel, renewal fee $100. or 6 months' im- disturbed area with Virginia, as sandstone, A prospecting fee prisonment or material suitable to sup- amended. Effec- shale, iron and of $300 is both. Willful port vegative cover; tive Mar. 13, 1971. ore, and any required, violation not less bury acid-forming other metal or than $1,000 nor materials, toxic material, metallurgical more than $10,000 or materials constituting ore, or by imprison- fire hazard; impound ment not exceed- water. Bury all debris. 0 ing 6 months, or The law also contains both. requirements for re- "I grading surface-mined areas where benches result specifying the maximum bench width allowed. On land where benches do not result complete backfilling is required but shall not exceed the original con- tourof the land. The backfilling shall eliminate all high walls and spoil peaks. Planting is required. Wyoming The Open Cut Land Coal, clay, stone, Application for per- $50 Not more than An amount equal to Grade to reduce peaks and Yes No. Reclamation Act, sand, gravel, or mit must be filed $1,000. Each day the cost of res- ridges to a rolling topog- Effective Aug. 7, other minerals, with the commis- constitutes a toration as raphy; construct dams 1969. sioner of public separate offense. determined by the in final cuts; bury acid- lands. commissioner, forming materials to a depth of 2 ft. Revegetate disturbed lands where practicable. 1 Member of the interstate mining compact. Note: Public lands: Title 43, pt. 23, Code of Federal Regulations, "Surface Exploration, Mining and Reclamation of Lands." Indian lands: Title 25, pt. 177, Code of Federal Regulations, "Surface Ex- ploration, Mining and Reclamation of Lands." PAGENO="0258" PAGENO="0259" HIGHLIGHTS OF PENDING SENATE BILLS HIGHLIGI~ETs OF S. 77 (Mr. Nelson, January 25., 1971) Finding that certain detrimental results follow the practice of surface mining, the bill proposes an eight-point program administered by the Secretaries of Agri- culture and Interior to reclaim damaged lands and prevent further detriment. Among the goals are: The establishment of Federal reclamation standards and criteria; Encouragement of State enactment of equivalent requirements; Funds for H & D, technical assistance and demonstration projects; and, Acquisition of mined lands to achieve their reclamation. Secretaries are directed to establish standards and requirements for the recla- mation of previously mined lands, and for the regulation of all future surface mining. In establishing these requirements the Secretaries are to consult with a national advisory committee appointed by the President, and with any regional advisory groups the Secretaries may have created. The Federal standards are to meet objectives cited in Title I, including a requirement for a Federal license or permit; posting of a performance bond; time limits for reclamation work; and a means to prohibit surface mining in areas where reclamation is considered un- feasible. Detailed appeal procedures are spelled out in Title I, as are the require- ments for State plans and appeals concerning their non-acceptance by the Secre- taries. An accepted State plan is required for participation in programs under Title II and III of the bill. Title II provides financial aid to State and local governments to reclaim lands which they own which have been damaged by previous strip mining. The program would be administered by the Secretary of Agriculture and would terminate by January 1, 1988. No grant could exceed the identifiable benefits or 75 per centum of the costs of the project. Title III authorizes grants to State and local agencies for research and develop- ment and for technical advisory assistance. The Secretaries would administer the grant programs which would terminate not later than January 1, 1988. The Secretary of Agriculture is authorized to furnish financial and other assist- ance to achieve the reclamation of privately owned lands which have been ad- versely affected by surface mining. Title V authorizes the Secretary of Interior to acquire unreclaimed lands by exchange, donation or purchase in order to effect their rehabilitation. He may do so only under conditions specified in the bill. Generally the lands to be ac- quired must be within or adjacent to the boundaries of an established Federal unit. Further, the land must be within the boundaries of a project approved under the terms of title IV, and no State or local government desires to acquire the land. After reclamation, the land may be managed, transferred or disposed of at the judgment of the Secretary. The appropriation of such sums as may be necessary is authorized, as is the establishment of a special "mined lands reclamation revolving fund" in the Treasury. HIGHLIGHTS or 5. 630 (Mr. Jackson, February 5, 1971) Provides for the establishment, within 2 years of plans formulated by the States for the control of adverse effects of surface mining. The bill provides a list of general requirements which must be met before the program can be approved by the Secretary of the Interior. Federal share of cost of any State program shall not exceed 50 percent. The Secretary shall issue regulations for surface-mining operations in States which have not submitted an acceptable plan within the 2-year period. He may (249) PAGENO="0260" ~5o grant a 1-year extension if he believes the State will submit an acceptable plan within the additional year. The bill requires publication in the Federal Register of any proposed regula- tions by the Secretary, and a 60-day period for the submission of views or argu- ments on the proposed regulations. Provision is made for public hearings if re- quested by any person adversely affected by the proposed regulations. If a satisfactory State plan is submitted after the Federal regulations have been issued, the Federal regulations will terminate within 60 days after approval of the State plan. The Federal regulations may be reinstated if the Secretary subsequently withdraws his approval of the State plan. The bill provides authority to the Secretary to conduct inspections and in- vestigations (sec. 10); obtain injunctions, preventing operation of, or sale of products from, noncomplying mines (sec. 12); and assess and collect specifle d penalities in the case of violations. The Secretary is authorized to conduct and promote research and similar ac- tivities related to the carrying out of the provisions of the act. The bill authorizes the appropriation of such sums as may be necessary to carry out the purposes of the act. It also creates a revolving mined lands reclamation fund. ______ HIGHLIGHTS OF 5. 993 (Mr. Jackson, Mr. Allott, Mr. Cooper, February 25, 1971) AND 5. 1176 (Mr. Jackson, Mr. Allott, March 10, 1971) Provides a 2-year period in which the States may develop, after public hearings, environmental regulations for mining operations on all but Federal and Indian trust lands within the State. Fifteen criteria are listed in the bill and the Secretary of the Interior is required to furnish additional guidelines within 30 days of enactment. The purpose of the guidelines is to assure State regulations which give mining operators flexibility to choose the most economically efficient means of meeting the requirements. An Advisory Committee consisting of representatives from the Depai~tments of Agriculture, Commerce, the Environmental Protection Agency, the TVA and the Appalachian Regional Commission is required to advise the Interior Secre- tary in developing the guidelines. The Interior Secretary must solicit the views of Federal agencies principally interested in such regulations before approving any State regulations. State regulations are deemed approved if no action is taken within 180 days of their submission. If, in continually reviewing State regulations, the Secretary finds that, for any reason, the regulations are inadequate he shall notify the State suggesting appro- priate action, remedies or revisions. In the absence of appropriate State action, the Secretary may withdraw approval of the State regulations and issue Federal regulations. Federal regulations are required in the event a State does not submit satisfac- tory regulations within the 2-year period initially available for that purpose. Where the Secretary administers and enforces a program in a State he shall recover the full cost of administration and enforcement through use of mining permit charges. The Secretary is authorized to carry out such inspections and investigations as are necessary for the purposes of the act. Injunctions are authorized to prevent operations in violation of Federal regula- tions issued under the act or State regulations being enforced by the Secretary; and to prevent the placing in commerce of minerals produced by an operation in violation of State regulations. Penalties for failure to comply after notice of violation of Federal regulations are set at $1,000 per day; and in the event of knowingly violating any such regulation, a fine not to exceed $10,000 or a year in prison, or both. The Secretary is authorized to conduct or promote research to carry out the purposes of the act. Grants to States for the purpose of developing, administering, and enforcing environmental regulations are authorized on a declining basis over a 5-year period. The Department of Agriculture may be utilized in the reclamation of areas affected by surface mining. PAGENO="0261" 251 Federal lands are protected by the requirement of title III that heads of agencies or departments who administer lands on which mining is permitted must issue regulations to assure the same degree of protection and reclamation as is required on other lands within the State in which the Federal land is located. HIGHLIGHTS OF 5. 1160 (Mr. Hansen, March 9, 1971) Authorizes the Secretary of Interior to make grants to the States in order to effect a rehabilitation of areas damaged by deleterious mining practices. The Act of July 15, 1955, as amended by the Act of Ocboter 15, 1962, serves as the basis of this proposal,~ The existing law authorizes the Secretary of Inte- rior to make grants on a matching basis to the Commonwealth of Pennsylvania for the "control and drainage of water" which would otherwise result in the flooding of anthracite coal formations; and for the sealing of mines and the filling of voids in abandoned mines. 5. 1160 would remove the restrictions limiting the program to anthracite coal fields in Pennsylvania. Grants to the Several States "to seal and fill voids in abandoned coal mines and abar~doned oil and gas wells, and to reclaim and rehabilitate lands affected by the strip and surface mining and processing of coal and other minerals . . ." are authorized. Section 2 provides that grants may be made in advance or by way of reim- bursement, under conditions established by the Interior Secretary. A maximum Federal share of 75 per centum of the total cost of mined area restoration projects is imposed. Reasonable land acquisition costs may be included in the non-Federal share, providing the land is acquired after the date of enactment of the Act. Section 3 authorizes the appropriation of funds needed to carry out the pur- poses of the Act for three fiscal years ending June 30, 1974. HIGHLIGHTS OF S. 1240 (Mr. Church, Mr. Jordan of Idaho, Mr. Mansfield, Mr. Metcalf, Mr. Moss, March 16, 1971) The Secretary of the Interior is authorized to designate public lands on which no prospecting or exploring for minerals with bulldozers or other mechanica' earthmoving equipment is allowed. Before banning the use of such equipment, the Secretary is required to determine that environmental factors are such as to make the use of such equipment inadvisable, or that the use of the equipment would result in irreparable damage to the land surface. Publication of detailed boundary descriptions of such protected lands must be published in the Federal Register before the provisions can become effective. After enactment, any individual or organization seeking to use bulldozers or other related earthmoving equipment to explore or propsect for minerals on any public lands must first file with the Secretary (1) a statement of intent which includes a description of the area, operation, and equipment involved; and (2) a performance bond in an amount determined by the Secretary of In- tenor to be adequate to assure restoration or reclamation of the land surface following exploration activity. Actions by the Interior Secretary which affect national forests must first be approved by the Secretary of Agriculture. Such regulations as are issued by the Interior Secretary to carry out the pur- poses of the act are to be published in the Federal Register. HIGHLIGHTS OF 5. 1498 (Mr. Nelson, Mr. McGovern, April 5, 1971) Provides for a program operated by the Environmental Protection Agency which would close all surface coal mines within 6 months and require their reclamation, and would establish national environmental standards for under- ground coal mines within 90 days. The bill requires the several States to adopt within 6 months after the estab- lishment of the Federal standards a State plan for the implementation of those standards. Public hearings are required in establishing the State plan. The Ad- ministrator of the EPA is required to impose a Federal implementation plan in PAGENO="0262" 2~52 the absence of a satisfactory State plan. General requirements for the State plan are listed in the bill. Requires a halt to underground coal-mining operations in national forests after 120 days from enactment of the act until regulations are promulgated which assure there will be no adverse onsite or offsite effects from such mining. Underground mining of coal in any area established as a wilderness area is prohibited. The bill authorizes the Administrator to enter into agreements to reclaim abandoned and inactive surface and underground coal mined lands owned or ac- quired by a State or local jurisdiction. Federal share of the cost may not exceed 90 percent. Public access to and use of the reclaimed lands is required. Provision is made for Federal assumption of up to 90 percent of the cost of acquiring surface or underground mined lands by a State or local government to carry out the purposes of this Act. Federal enforcement of implemenULtion plans is authorized as is the bringing of civil suits against violators. First offense convictions are punishable by a fine not exceeding $25,000 for each day of violation, or by 1 year of imprisonment, or both. Convictions beyond the first are punishable by a fine of $50,000 per day of violation, or by imprisonment for up to 2 years, or both. An informer's fee in the amount of one-half of the fine is authorized for those providing information leading up to a conviction. Fines up to $10,000 and imprisonment for up to 6 months are authorized in the event of the filing of false statements or tampering with monitoring devices. The Administrator may require mine operators to maintain records, make re- ports, install monitoring equipment, and sample emissions to the extent necessary to carry out the provisions of the act. Citizen suits against any person or governmental instrumentality, including the Administrator, alleged to be a violation of an implementation plan or the act, are authorized. No Federal agency may contract with any operator who is convicted of any offense under this act for the procurement of goods, materials, and services to perform such contract at any coal mine at which the violation which gave rise to the conviction occurred. The President is required to issue within 180 days to all Federal contracting and granting agencies an order to effectuate the purpose and policy of the act, and setting forth procedures, sanctions, penalties, and other necessary provi- sions. An annual report to the Congress by the President on implementation and progress on this section is required. HIGHLIGHTS o~ 5. 2455 (MR. MOSS, AUGUST 5, 1971) Within 180 days of enactment, each surface mine whose products enter or affect commerce must obtain a permit to operate from the Secretary of Interior. Within 90 days, the Interior Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture, shall develop mandatory standards for surface mining operations and reclamation. The standards must insure that (1) applicable air and water quality standards will not be violated; (2) erosion, flooding, subsidence, damage to fish and wildlife or property, and other hazards will be controlled or prevented; and (3) air pollution by dust or burning refuse are prevented. Before becoming effective, these standards must be approved by the Administra- tor of EPA and must be published for comment in the Federal Register. Provision is made for public hearings on the standards, if needed. The Secretary is authorized to establish special standards governing the method of surface mining on steep slopes. Detailed requirements for permit applications are cited, which include the written consent of the owner of the surface of the land on which the mining is proposed, to allow entry by the operator or Federal agents for the purpose of reclamation or inspection for a period of five years after the operation is com- pleted or abandoned. A complete reclamation plan and payment of an application fee are also among the requirements. Before beginning operations, the permittee must post a performance bond in an amount determined by the Interior Secretary. The bond liability is for the period of the operation and five years thereafter, unless released sooner under provisions of the Act. PAGENO="0263" Provision is made for the renewal and revocation of permits by the Secretary. Reclamation sufficient to restore the land to at least the same use it had prior to mining is required. Reports on a quarterly and annual basis are required to be filed with the Secretary. Reports are to contain information on the number of acres mined and the number reclaimed. Provision is made for release of bond under specified conditions following inspection and approval of reclamation work. Title II provides that a State may establish and operate a program for regu- lation of surface mining in lieu of Federal regulations if the State plan is ap- proved by the Interior Secretary. The Secretary is required to approve a State plan if, in his judgment, it meets 15 criteria spelled out in section 201. In gen- eral the criteria reflect the requirements for the Federal regulations required by Title I. In addition, desigyiation of a single State agency with the respon- sibility for administration and enforcement of the program is required, as is assurance that the agency designated has the regulatory and other authority necessary to carry out the purposes of the Act. Also required are full participa- tion in the preparation of the plan by Federal agencies and other interested parties; and compatability of regulations with those of adjacent states. The Secretary is required within 60 days to issue guidelines sufficient to reduce or prevent adverse environmental effects of surface mining. These guidelines must be approved by the Administrator of EPA before they become effective. The Secretary must solicit the views of interested Federal agencies before he approves any State submitted regulations. In the event State operation proves unsatisfactory and is not improved in line with suggestions by the Secretary, ap- proval of the State program shall be withdrawn and the Federal program sub- stituted in its place. Authorization of civil actions and injunctive relief to insure compliance with the purposes of the Act is included. A strip mining land restoration fund is established, into which shall be paid all fines and forfeitures collected pursuant to the Act. The Interior Secretary i~ authorized to acquire unreclaimed surface mined land and interests therein and to effect their restoration. The Secretary is authorized to conduct or promote research or training pro- grams to achieve the purposes of the Act. Grants to the States are authorized for the purpose of assisting in the develop- ment, administration and enforcement of environmental regulations under title II of the Act. The Secretary is also authorized to provide to the States nonfinancial assist- ance in administration and enforcement of their regulations. PAGENO="0264" 2$ HIGHLIGHTS OF S. 2727 (Mr. Jackson and Mr. Allott, October 21, 1971) Covers all locatable lands owned by the United States except those which are subject to a higher use, require environmental protection, or subject to a prior right. Six months after enactment, no mineral prospecting for commercial purposes without a prospecting license. Licenses issued each state upon payment of fee for two-year period, conditioned upon stipulations for protection of the environment. Mineral may not be sold under this license. Permits for exploration, development and production issued to first person applying. Permittee obtain an exclusive right for 5 years (and 5 year renewal) to not more than 640 acres and no more than 20,480 acres in one state. Detailed provisions for renewal, rental, royalty and patent. Reclamation and operation plan required of permittees, patentees and owners of unpatented mining claims. Secretary to issue environmental regulations requiring consideration of air and water quality standards, filing of engineering maps, standards to meet state requirements. Establishes advisory committee. Right of entry retained by Secretary. Sanctions include closing down operation, cancellation of permit, license. Civil penalty $1,000 for each day of violation, criminal $10,000 or imprisonment 1 year, or both. Enforcement Bond require- ments to be determined by Secretary. Performance Bond to insure reclamation requirements. HIGHLIGHTS OF 5. 2777 (Mr. Gravel, October 29, 1971) One hundred and sixty days after effective date of Act each surface mine, the products of which enter interstate commerce or the products of which affect interstate commerce, are subject to the Act and persons engaging in extraction of minerals from such surface mines must first obtain a permit. Application for permit (accompanied by a fee to be set by regulation) must include a complete plan of reclamation for the area to be affected. Secretary may approve, hold a hearing, set bond to be not less than $1,000 per acre to be reclaimed and no less than $10,000 for any strip mine operation. Decisions subject to judicial review. Provides for a strip mine reclamation revolving fund consisting of $100 million to be appropriated and moneys from fines, fees, bond forfeitures and sale, lease or rental of reclaimed lands. Authorizes acquisition by the U.S. of unreclaimed lands and reclamation using fund moneys. Reclaimed lands may be sold at fair market value. Secretary may revoke permit after a public hearing. Citizens may petition for public hearing with regard to compliance of operators. Six months following enactment, Secretary and Commission develop mandatory standards, including reclamation programs. Standards are to consider the nature of the industry and regional differences and must be published to afford interested persons to comment and provisions made for public hearing. Establishes an advisory commission of nine-three appointed by Interior, three by Agriculture and three by EPA. Provides penalties in the form of fines not to exceed $50,000 or imprisonment not to exceed 2 years or both. Directors, officers, or agents of corporations are made subject to the penalty clause. Upon petition and a showing that a state law is consistent with Federal regu- lation and sufficiently enforced, states may be delegated authority to enforce provisions of Federal Act. Secretary maintains surveillance over state enforce- ment and report annually to Congress. No state law in effect on date of effective date of Act or subsequently adopted shall be superseded by Federal Act except where inconsistent with Federal Act. PAGENO="0265" 2~5 HIGHLIGHTS OF S. 3000 (Mr. Baker, Mr. Cooper, December 13, 1971) TITLE I Section 101 limits application of the bill to any coal surface mine the products of which enter commerce or the operations of which affect commerce. Permit is required of any new operation or significant increase in operations after the effective date of Act, 270 days after enactment, no activity without a permit. EPA is administering authority in consultation with Secretary of Agriculture and Interior and promulgates regulations for reclamation. Regulations subject to judicial review. Administrator issues permits for one-year periods until a state regulatory permit system is in effect and issues regulations which will require a plan of reclamation and an estimate of cost of reclamation per acre. Administrator has authority to disapprove a permit application or renewal thereof if there are undue hazards to adjacent lands or waters and terminate permits for noncompliance. Performance bond based on reclamation requirements. In addition to revocation powers, fines up to $10,000 can be levied for fraud and up to $5,000 per acre for violation of reclamation requirements. TITLE II Requires each state within 8 months of the promulgation of guidelines by the Administrator to adopt a program for regulation of surface mining for coal, provided, there is a state permit system, notice and opportunity for public hearing on each application. Adjoining states whose lands or waters are affected may submit written recommendation to the permitting state. Permits are terminable for cause or changed conditions. There may be, upon approval by EPA, a single interstate agency responsible for enforcement. If a state does not meet the requirements, EPA's Administrator may promulgate regulations. EPA given right of entry, inspection and monitoring of properties of surface coal mines. Federal enforcement by order published in Federal Register and by bringing court action, including permanent or temporary injunction-judicial review. 0 PAGENO="0266"