(b) Problems in bill as written (1) The term "technical assistance" is not defined. (2) The bill as written could be interpreted to limit such assistance to timber development organizations. (3) No provision is included for a program of access roads in State forests. (c) Recommended changes to bill (1) Amend the bill to define the term "technical assistance." (2) Amend the bill to authorize assistance to States or to other appropriate organizations and agencies in addition to timber development organizations. (3) Amend the bill to authorize a program for assistance for the provision of access roads within State-owned forest lands. 8. FISH AND WILDLIFE RESTORATION (SEC. 214) (a) Impact on Pennsylvania This section originally was intended to authorize the Appalachian program for strip mine reclamation. (b) Problems in bill as written The bill needs to be broadened to include a more comprehensive mining area restoration program. (c) Recommended changes to bill This section will be replaced by the proposed mining area restoration amendments. (See p. 12.) 9. AMENDMENTS TO SECTION 701 OF THE HOUSING ACT OF 1954 (SEC. 215) (a) Impact on Pennsylvania The purpose of the amendments is to make it possible for the Appalachian Regional Commission to receive urban planning assistance funds for regional planning purposes. The 75-percent Federal funds would have to be matched by State funds paid by the member States on a pro rata basis. (b) Problems in bill as written (1) No safeguards are in the bill to prevent the Appalachian Regional Commission from undertaking planning activities in competition with those of State planning agencies. (c) Recommended changes to bill (1) Amend the bill to provide that the Appalachian Regional Commission cannot undertake planning activities which will duplicate or detract from activities of State and other planning agencies. 10. SUPPLEMENTS TO GRANT-IN-AID PROGRAMS (SEC. 216) (a) Impact on Pennsylvania The PARC report states that these grant-in-aid supplements are to be allocated to local communities to help them meet the local share of existing grant-in-aid programs. Some Pennsylvania communities undoubtedly would be able to receive such supplements on the basis of existing financial hardships. If such supplements could be also provided to a State, certain State-administered programs could be benefited (mental health and mental retardation facilities, for example). (b) Problems in bill as written (1) The bill is unclear concerning what governmental units or organizations are eligible to receive the supplements. (2) The bill provides no standards or criteria to guide the Secretary of Commerce in establishing regulations to implement this section or to allocate funds among programs or States other than consultation with the Appalachian Regional Commission. (c) Recommended changes to bill (1) Amend the bill to specify clearly what governmental units or organizations are eligible to receive the supplements. (2) Amend the bill to provide standards or criteria to guide the Secretary of Commerce in establishing regulations to implement this section or to allocate funds among programs or States. 11. GENERAL PROVISIONS State and local expenditures (sec. 221).-This section provides that no State and no political subdivision of such State shall be eligible to receive benefits unless the aggregate expenditures of public funds within and for the benefit of the area within the State located in the Appalachian region are maintained at a level which does not fall below the average level of such expenditures for its last 2 fiscal years preceding the date of enactment of the Appalachian Regional Development Act. (a) Problems in bill as written (1) What are "aggregate expenditures of public funds"? Does this include all expenditures of State, county, municipalities, school districts, and authorities in the Appalachian portion of the State? Does this mean funds for a specific program, or all governmental programs taken together? (2) Confusion can arise because of differing fiscal year periods. (3) An arbitrary limit could seriously affect State flexibility in apportioning program expenditures between portions of the State in Appalachia and those not in Appalachia. States must be able to program funds to reflect total statewide needs and priorities. (b) Recommended changes to bill (1) Amend the bill to clarify the "aggregate expenditures of public funds." (2) Amend the bill to permit flexibility in programing funds to reflect total statewide needs and priorities with the understanding that a State or other political subdivision should not substitute Federal dollars for local dollars. Consent of States (sec. 222) (a) Problems in bill as written.—(1) The wording is awkward. (b) Recommended changes to bill.—(1) Amend the bill to provide clearly that if any State or political subdivision objects to any program, such program shall not begin in that State. If a program is in progress, it should promptly cease and desist. NOTE. Basic consent or lack of consent will often be expressed by the provision or nonprovision of non-Federal matching funds needed for the various programs. Limitation on expenditure of funds (sec. 223) (a) Problems in bill as written.—(1) The bill does not include any provisions to guide the Commission in establishing standards concerning minimum program benefits to be received by any one State if it desires to participate in any particular program. (b) Recommended changes to bill (1) Amend the bill to provide such guides to the Commission. The bill also should provide a definite amount of minimum combined program benefits to be received by each State for all the Appalachian programs included in title II of the bill. 12. MINING AREA RESTORATION (a) Problem in bill as written (1) The bill does not include provisions for a comprehensive mining area restoration program. (b) Recommended changes to bill (1) Amend the bill to add a new section 203 reading as follows: MINING AREA RESTORATION "SEC. 205. (a) It is recognized that past mining practices have resulted in conditions which involve serious wastage of the fuel resources of the Nation and constitute a menace to health and safety of the national security. It is, therefore, declared to be the policy of the Congress to provide means for the prevention and control of surface and underground subsidence by sealing abandoned mines, filling voids in abandoned mines or by any other means; for the control, elimination or prevention of underground and surface mine fires; for the elimination or reduction or control of mine refuse piles whether burning or not; for the restoration of areas devastated by strip and surface mining; and for the control, prevention, and rehabilitation of streams polluted by past mining practices, all of which is for the conservation of natural resources, the promotion of national security and the prevention of injury or loss of life and the preservation of public property in those instances where such work is in the interest of public health and/or safety. "(b) The Secretary of the Interior is authorized, in order to carry out the purposes of this section, to make financial contributions to the States in the region on the basis of programs or projects for the purposes set out in subsection (a) of this section in those instances where such work is in the interest of public health or safety: Provided, That the expenses of programs or projects under this section shall be paid solely out of funds specifically appropriated for the purpose of carrying out this act, and shall not be taken into account in the computation of the apportionments among the States made pursuant to such provisions relating thereto : Provided, further, That contributions to the States in the region made under this section shall be subject to the following conditions and limitations: "(1) The amounts contributed by the Secretary of the Interior under the authority of this act for programs or projects for the restoration of areas devastated by strip and surface mining shall be expended only upon lands title to which have been taken by the State, county, or municipality, or instrumentality thereof, and no improvement of lands in programs or projects for the restoration of areas devastated by strip and surface mining shall be undertaken upon lands title to which is remaining in individuals, citizens, corporations, or partnerships. (2) The States in the region shall have full responsibility for carrying out those programs or projects approved pursuant to this act and shall give evidence satisfactory to the Secretary of the Interior that they will carry out the programs or projects and subsequently properly supervise and maintain them. "(3) A condition of the contributions to the States in the region for programs or projects for the restoration of areas devastated by strip and surface mining shall be the enactment and/or existence of appropriate State legislation to prevent deleterious strip and surface mining practices from occurring in the future." "(4) Programs or projects undertaken pursuant to this act shall be so selected as to provide the maximum conservation of natural resources and be located where such work would be in the interest of the public health or safety. "(5) Programs or projects as hereinabove provided shall be determined by the Secretary of the Interior to be economically justified. The Secretary shall not find any program or project to be economically justified unless the potential benefits are estimated by him to exceed the estimated cost of the program or project. "(c) The States in the region shall furnish to the Secretary of the Interior a statement with respect to any program or project undertaken pursuant to this section showing work done, the status of the program or project, expendi tures, and amounts obligated, at such times and in such detail as the Secretary of the Interior shall require for the purposes of this act. "(d) Whenever the Secretary of the Interior after reasonable notice and opportunity for hearing finds that there is a failure to expend funds in accordance with the terms and conditions governing the Federal contributions for such approved program or project, he shall notify the State that further payments will not be made to the State from appropriations under this act until he is satisfied that there will no longer be any such failure. Until he is so satisfied, the Secretary of the Interior shall withhold the payment of any contribution to the State. "(e) The Congress hereby declares its intent to provide for the development of a comprehensive, long-range program for the purpose of the restoration of areas in the region devastated by strip and surface mining. To this general end "(1) The Secretary of the Interior shall, in full cooperation with the Department of Agriculture, the Tennessee Valley Authority, and other appropriate Federal departments and agencies, and with the Commission, make a survey and study of strip and surface mining operations and their effects in the region, and shall, not later than July 1, 1965, submit to the President his recommendations, together with the comments of the Commission and other appropriate Federal departments and agencies thereon, for a long-range comprehensive program for the restoration of areas in the region devastated by strip and surface mining, and for the policies under which the program should be conducted. Such study and recommendations shall include, but not be limited to, a consideration of the following matters"(A) The nature and extent of strip and surface mining operations in the region and the conditions resulting therefrom; "(B) The ownership of the real property involved in strip and surface mining operations; "(C) The effectiveness of past action by States or local units of government to remedy the adverse effects of strip and surface mining operations by financial or regulatory measures, and requirements for appropriate State legislation, including adequate enforcement thereof, to provide for proper restoration of areas which may be strip and surface mined in the future; "(D) The public interest in and public benefits which may result from restoration, reclamation, rehabilitation, and appropriate development and use of areas subjected to strip and surface mining operations, including (i) economic development and growth, (ii) public recreation, (iii) public health and safety, (iv) water pollution, stream sedimentation, erosion control, and flood control, (v) highway programs, (vi) fish and wildlife protection and restoration, (vii) scenic values, and (viii) forestry and agriculture; "(E) The appropriate roles of Federal, State, and private interests in the restoration of strip and surface mining areas and the relative costs to be borne by each, including specific consideration of (i) the extent, if any, to which strip and surface mine operators are unable to bear the cost of remedial action within the limits imposed by the economics of such mining activity, and (ii) the extent to which the prospective value of lands and other natural resources, after remedial work has been completed, would be inadequate to justify the landowners doing the remedial work at their expense; and "(F) The principles and the total overall costs of a program for accomplishing the restoration of existing areas in the region devastated by strip and surface mining, giving adequate consideration to (i) the economic benefits in relation to costs, (ii) the prevention of future devastation of restored areas, (iii) the avoidance of unwarranted financial gain to private owners of improved property, and (iv) the types of aid required to accomplish such restoration. (2) Amend the bill to eliminate section 214 in its entirety, and renumber appropriately sections 215 and 216. (3) Amend section 223 of the bill by striking "216" and inserting "215." Commonwealth of Pennsylvania-Proposed budget program for mining area restoration, May 21, 1964 Total (including $3,000,000 in original report of the Presi dent's Appalachian Regional Commission). $2, 000, 000 3, 000, 000 2, 100, 000 1, 000, 000 3, 650, 000 750,000 500,000 13, 000, 000 Five Coal-connected Problems The Problems Five after-effects of coal mining cause and perpetuate unemployment in Appalachia. The after-effects are: 1. subsidence and cavings of surface above the mining operations, causing great damage and preventing development and; 2. underground mine fires, endangering a number of populated areas; 3. unsightly scars left by strip mining; 4. burning refuse dumps and spoil banks polluting the air, destroying valuable land and creating extensive eyesores; 5. contamination of more than 2,000 miles of streams and rivers in Pennsylvania alone, from both underground and strip mines. WHY FEDERAL FUNDS SHOULD BE ALLOCATED IMMEDIATELY THROUGH THE APPALACHIAN PROGRAM TO ATTACK THESE PROBLEMS A. The money will produce immediate action. (The places, methods and administrative machinery to use the money are identified and in being.) B. The sums invested will produce a highly visible result. (As culm banks go down and voids are flushed, it is clear that the Appalachian program is "doing something.") C. The money will eliminate a major cause of unemployment in Appalachia-unsightly, unhealthy and unsafe environment. D. The money will produce action, not studies. We are studied to death! Prepared By: Commonwealth of Pennsylvania William W. Scranton, Governor 33-149 0-64- -16 |