MANCHIN QUESTIONS ADMINISTRATION'S PROGRESS RECLAIMING ABANDONED MINE LANDS

Hearing

"For generations, coal communities across our nation have made the sacrifices and done the heaving lifting to turn our country into a global energy leader. Many of these communities still bear the scars of those sacrifices in the form of abandoned mine lands as a result of decades of unregulated surface mining that occurred prior to the passage of the Surface Mining Control and Reclamation Act of 1977, known as SMCRA. Whether it's acid mine drainage impacting rivers and streams; subsidence and landslides threatening homes, businesses, and infrastructure; or dangerous mine openings, AML sites pose serious risk to the health and safety of communities across the country, particularly in Appalachia. 5.5 million people in Appalachia live within 1 mile of an abandoned mine land site, including 1 in 3 West Virginians.

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The AML fee is extremely important but, unfortunately, that alone will not be enough to address all of the unfunded AML issues across the country. That is why we included an additional $11.3 billion for AML clean up in the Bipartisan Infrastructure Law. West Virginia is on track to receive roughly $140 million per year for the next fifteen years to address AML problem areas through that funding. To put into perspective how much of a game changer this is for my state, West Virginia only received around $15 million from the traditional AML program for FY23. Our state's Bipartisan Infrastructure Law allocation for this year is more than 8 times that amount. The Bipartisan Infrastructure Law is finally providing the funding our state needs to make our communities safer in counties all across West Virginia. The AML provisions in the Bipartisan Infrastructure Law are not just about protecting the safety of these communities, they are also an investment in our future. If implemented effectively, the Bipartisan Infrastructure Law's AML provisions could result in approximately $4.3 billion in economic output for the state of West Virginia and 1,910 jobs that will continue for 13 to 15 years, according to a report from Downstream Strategies.

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A long approval process for AMLER is unfortunately not the only problem. The administration is seeking to force new, and sometimes retroactive, rules on AMLER projects, such as requiring projects to record a covenant that gives the federal government extensive control over the land being used for these projects. These rule changes ultimately slow down assistance to our coal communities and send the signal that federal government is working against them. This pattern throughout all of OSMRE's programs is alarming. Unfortunately, suggestions by states to make AML programs run smoother often seem to fall on deaf ears. Let me give you one example. States like West Virginia must submit three separate applications just to receive their AML funding from the Bipartisan Infrastructure Law, the traditional SMCRA AML program, and AMLER. These applications are not a small task and are filled with a lot of duplicative information that spans all three programs. State agencies have asked OSMRE to create a uniform process with less duplicative and burdensome paperwork, and yet no action has been taken to make this process more user-friendly.

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Right now, we know it's about 700 days to get an AMLER process going through authorization. Can you explain why the vetting process is taking so long?

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Did we, with our good intentions, make it worse for you?

Are we keeping up with the amount of bonding, the requirement of bonding, do they [mine operators] have enough bonding to do it in case they leave and walk away, or forfeit their bonds?

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Can you tell me, since SMCRA, how much we have been left with unfunded bonding or unfunded property where the bonds were inadequate, or bankruptcies that stuck the state with this mess?

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Mr. Rice, you're here today. Have you had a meeting with OSMRE while you're here? After this meeting, you all can sit down. We'll find you a room here or if you want go to back to your office. This is how we have to get things fixed. What I need to know from you Ms. Owens is this: What do you believe the law has codified that you have to do, and what do you believe through rules and regulations has been interpreted that we can change these interpretations that aren't codified or not really clear? We'll back you up with some common sense that helps get the job done."

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