The continued cleanup of dangerous abandoned mine lands and streams deadened by mine pollution in Pennsylvania may depend on federal legislation that would eliminate inheritance taxes for the wealthy.
As the 109th Congress approaches its election recess in Washington this week, the Senate's Republican leadership could attach the Abandoned Mine Land Trust Fund reauthorization bill, sponsored by Sen. Rick Santorum, to legislation that would eliminate the estate tax, a controversial proposal in this election year and a strategy that could jeopardize passage of the mining fund bill.
Reauthorization of the trust fund established in 1977 would make $1.4 billion available to Pennsylvania in the next 16 years to reclaim dangerous strip mines, plug old deep mine openings, remove coal waste piles that pollute streams and install mine drainage treatment projects.
"This is the biggest funding deal out there for Pennsylvania, West Virginia and other eastern states," said John Dawes, administrator for the Western Pennsylvania Watershed Program. "It would address all of the state's No. 1 and 2 priority sites and fix dangerous strip mine high walls and deep mine entrances."
Over the three years prior to this year, more people died in accidents at abandoned mine sites nationwide -- a total of 91 -- than died at accidents at active coal mines.
Pennsylvania has a long mining history and the most abandoned mine sites in the nation. Statewide there are 5,172 sites totaling 184,000 acres of abandoned mine lands and 4,600 miles of streams degraded by mine drainage.
About $1 billion has been spent over almost three decades in Pennsylvania for land and stream reclamation projects, with more than $400 million of that coming from the federal fund.
Kristen Vanderpool, a spokeswoman for Mr. Santorum, said the senator remains committed to passage of the bill by whatever means is most viable, and this month sent a letter urging its passage to Republican and Democratic Senate leaders. It was signed by 21 other senators from both parties.
"We're trying to attach it wherever we can," said Ms. Vanderpool. "Currently we are encouraging its attachment to the tax extenders package. That looks to be the best bet."
If the mine fund bill doesn't come up for a vote this week it could still be taken up in a lame-duck session after the November election.
The tax extenders bill, which would reinstate tax breaks for new businesses, is part of the so-called "Trifecta Bill" that also includes a minimum wage increase and the estate tax repeal. Because the abandoned mine land fund bill didn't go through the Senate's committee process and couldn't be passed by unanimous consent it must be attached to other legislation.
The Republican leadership in the Senate, which includes Mr. Santorum, decides what legislative packages come up for a vote by the full Senate. The mine fund bill was originally supposed to be included with the Pension Reform Act, which was passed in July.
"The tax extenders package could come up in a variety of ways," Ms. Vanderpool said. "If the tax extenders comes out on its own for a vote we will attach to that."
The Santorum bill, which contains a number of compromise amendments to the 1977 Surface Mining and Reclamation Act, has unprecedented backing from environmental organizations, labor unions, the coal industry, county governments, and eastern and western states.
"We're in favor of it," said Phil Smith, spokesman for the United Mine Workers union. "It was attached to the pension bill in conference committee and it looked like it would be approved but the Republicans took it out. Now they say they want to talk terrorism and defense and then leave. We hope it gets a vote."
Stan Geary, director of regulatory affairs for the Pennsylvania Coal Association, said the group supports reauthorization.
"The state would get larger grants than it is now and we'd like to see the abandoned mine land fixed,'' he said.
Pennsylvania has received $25 million from the fund annually in recent years, but the proposed legislation would give the state more money each year and make such payouts automatic, eliminating the need for Congress to approve appropriations from the fund every year.
The abandoned mine lands fund contains $1.6 billion, collected from per-ton assessments on mining companies on the coal they mine. The Santorum bill reduces those per ton assessments -- now at 35 cents for surface mined coal, 15 cents for deep mined coal and 10 cents for lignite -- by 10 percent on October 2007 and another 10 percent in October 2012.
The bill also reinstates expired re-mining incentives that protect coal operators from liability for environmental damages.
"We feel there were certain compromises made on the lower fees and re-mining but it was worth it because the bill will finally provide Pennsylvania with enough funding to fix the worst of the abandoned sites," said Beverly Braverman, executive director of the Mountain Watershed Association in Fayette County, and chair of the Tri-State Citizens Mining Network's Center for Coalfield Justice.
Ms. Braverman said 1 million Pennsylvanians live within a half-mile of an abandoned mine site.
"We expect delivery of the mining fund reauthorization bill," she said, "and the citizens of the state will accept nothing less."
Abandoned coal mines or polluted mine runoff affect 44 of the state's 67 counties. In Allegheny County there are 263 identified abandoned mine land sites affecting 4,514 acres, and in the surrounding counties of Beaver, Butler, Fayette, Westmoreland and Washington another 25,193 acres are scarred by old mining activities.
