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 /
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~`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)
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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)
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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
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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)
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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.
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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)
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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)
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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)
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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
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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
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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.
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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.
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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
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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."
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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.
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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
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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.
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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.
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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.
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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?
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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.
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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."
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[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
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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
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53
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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):
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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.)
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(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)
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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"
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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.
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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"
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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"
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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"
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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.
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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"
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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"
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* 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"
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[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."
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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.
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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)
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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"
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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"
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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.
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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"
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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"
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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).
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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
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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
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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).
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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
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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"
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$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"
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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).
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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
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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"
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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"
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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.
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[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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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."
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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"
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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"
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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.
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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.
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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.
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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
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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.
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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.
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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.
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