Apr 7, 2002 By Paul Heyworth 4 min read

Thousands of miles of Pennsylvania’s streams are polluted with mine acid but state and local officials are unable to get enough money out of the federal abandoned mine fund to adequately handle the problem. A concerted drive is now underway by watershed associations, conservation districts, and other environmental groups to get the U.S. Congress, the Secretary of the Interior and other agencies to release more funds from the $1.4 billion Abandoned Mine Land Trust Fund. The 25-year-old fund is fueled by taxes imposed on deep and surface coal mining.

In practically every year since the fund was created, more money has been collected than has been appropriated by Congress. The administrations of four presidents have failed to request appropriations from Congress that even approach the amounts being collected or earned through interest (a combined $300 million annually). So the fund continues to grow while dead streams run orange with pollution.

Anger and frustration are building during Pennsylvania’s on-going struggle with drought and water quality woes. Coalitions for abandoned mine reclamation, watershed units, sportsmen, and even the coal industry itself are upset and demanding an investment in water quality restoration. The costs for reclamation climb each year and declining water quality and quantity negatively impacts on jobs and tourist dollars.

During the deficit years, the fund was used to help balance the budget. But even then, Congress found other beneficiaries. In 1992 Congress allowed the fund’s interest to be used to support the United Mine Workers of America combined benefits fund. More money went to the Appalachian Clean Streams Initiative, American Indian tribes, the Rural Abandoned Mine Program and emergency programs. Some of the money has been used on water line projects and road building near mining sites.

Even with this drain on the fund, two-thirds of the total available could and should be used to reclaim sites particularly in the east, where, historically, mine drainage pollution dominates the stream scene and numerous sites near populated areas pose a safety risk to children and adults.

Sadly, the pressure on the AML Fund as evolved into a provincial battle between states. For example, Wyoming will receive $21.3 million from the fund but has virtually no remaining pollution sites to be cleaned.

Pennsylvania will collect only about $20 million and has more than $4.5 billion in unreclaimed sites.

Beyond concerns over water supply and quality, the new sense of urgency about mine acid clean-up is driven by the fact the AML law “sunsets” in 2004. Calculations of how much money would be collected were based on production figures during the energy crisis of the late 1970s.

Since then, coal production and collections have been far less then expected. At the same time reclamation costs have climbed during bureaucratic and political delays.

What are the answers?

Congress must be committed to drawing down the trust fund to a point where it can earn the $60 million in interest annually to cover the UMWA benefits fund.

Congress and the executive branch must insure the tax collected for abandoned mine reclamation is used for that purpose.

President Bush must ask for adequate and proper spending and Congress should approve his requests.

Congress must amend the law to change distribution patterns to give priority for AML spending in the areas of greatest proven need.

The law should be extended beyond 2004 – until the cleanup job is completed. The long challenging task of getting mine drainage pollution out of our streams depends largely on whether Pennsylvanians care enough about water quality and quantity. In this case, the money is ready and waiting, but our leaders have lacked the commitment to use it for its intended purposes. Perhaps, they need a little shove from their constituents.

We as Pennsylvanians can help correct this situation.

Contact your U.S. congressman and senators and let them know how you feel. Urge them to support legislation to extend the tax beyond 2004 and change the distribution methods and let them know that collecting the money does little good unless Congress appropriates it each year for its intended purpose.

Paul Heyworth of Greensburg is a member of the Mountain Watershed Association of Melcroft.