Cubin Puts Pressure on OSM to Pay Up, Letter to Brent Wahlquist Director Office of Surface Mining United States Department of the Interior

Letter

Cubin Puts Pressure on OSM to Pay Up

U.S. Senators Mike Enzi, John Barrasso and Representative Barbara Cubin, all R-Wyo., are continuing to pressure the government agency in charge of doling out years of back payments to Wyoming from the Abandoned Mine Land Fund.

The Wyoming delegation, who helped write the original legislation to free up about $550 million owed to Wyoming, is reiterating the congressional intent of the law and demanding Wyoming get back and future money in direct payments, not grants.

"We worked in good faith with the Office of Surface Mining to pass legislation that would accomplish our goal of returning the money owed to our state with no strings attached and that would ensure that future monies promised to our state were not withheld in the future," the delegation wrote in a letter sent to the Director of the Office of Surface Mining (OSM) on Sept 7. "We look forward to the release of a rule that returns funding to states as Congress intended - in a direct payment form with no strings attached."

The OSM is scheduled to publish rules at the end of the month directing how the AML money will be administered to states.

Wyoming's legislature is set to receive the $550 million owed to the state in seven equal installments beginning in October 2007 and up to $1.6 billion over 15 years. If the money is paid directly to Wyoming the state can earn interest on the funds, not the federal government, according to the delegation. A copy of the letter is below.

Brent Wahlquist
Director
Office of Surface Mining
United States Department of the Interior
1849 C Street, NW
Washington, DC 20240

Dear Director Wahlquist,

The Wyoming delegation played a central role in drafting the Surface Mining Control and Reclamation Act Amendments of 2007. We worked in good faith with the Office of Surface Mining (OSM) to pass legislation that would accomplish our goal of returning the money owed to our state with no strings attached and that would ensure that future monies promised to our state were not withheld in the future.

We continue to be troubled by reports that the OSM is considering a rule that will return monies to certified states like Wyoming through a grant process. As we have voiced in a number of meetings with you, members of your staff and other Administration officials, such a rule is contrary to the intention of Congress.

It is our understanding that you intend to release the Interim Final Rule to govern implementation in FY 2008 and the Draft Rule to govern implementation for the remainder of the program later this month. As you move forward, we strongly encourage you to reject any rule that ignores the intention of Congress by sending funding to certified states in a grant form.

Thank you for your prompt attention to this matter. We look forward to the release of a rule that returns funding to states as Congress intended - in a direct payment form with no strings attached.

Sincerely,

Michael B. Enzi John Barrasso Barbara Cubin

United States Senator United States Senator Member of Congress

Cc: Director Jim Nussle, Office of Management and Budget

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