The Treasure State has much undeveloped mineral resources. That development is essential to our economic life. We are equally cognizant of the value of our aesthetic resources and intend to guard them jealously. Kind personal regards, CHAPTER 245 TIM BABCOCK, Governor. An Act to Provide for the Reclamation of Lands on Which Strip Mining of Coal Has Been Conducted; to Authorize the Montana Bureau of Mines and Geology to Enter Into Contracts for the Reclamation of Lands on Which Strip Coal Mining Has Been Conducted: Authorizing a Credit on Coal Mines License Tax for One-Half (2) of the Amounts Spent on Land Reclamation, and Amending Section 84-1303. R.C.M. 1947. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. It is hereby declared to be the public policy of the state of Montana: The vast deposits of bituminous, subbituminous and lignite coal underlying the state of Montana are one of its most valuable natural resources and greatest assets. The development of these coal deposits will contribute greatly to the economic welfare and prosperity of the people of this state, in that such development will attract new industry to this state and assist in the expansion of existing industry. It is the policy of this state that the development of these coal deposits be encouraged, and that such development be brought about at the earliest possible date and in a manner most beneficial to the people of this state. Many of these coal deposits are susceptible to development by strip mining methods, and, in fact, due to other factors certain of these deposits can be developed economically only by strip mining methods. Any undesirable results from strip mining can be to a great extent prevented or avoided by a proper program of reclamation in those areas where strip mining has been conducted. In order to reduce any undesirable effects of the strip mining of coal and in order to minimize any pollution of the soil and streams of this state by strip mining of coal, and to return to useful production lands which have to be strip mined, and to preserve and enhance the natural beauty of this state, it is the policy of this state to provide for and encourage the reclamation of lands on which the strip mining of coal has been conducted. Section 2. The Montana bureau of mines and geology is hereby authorized and directed to enter into contracts in the name of the state of Montana with strip coal mine operators which will provide for the reclamation of lands on which the strip mining of coal has been conducted by such operators. The Montana bureau of mines and geology is authorized to sue and be sued in the name of the state of Montana to enforce the provisions of any strip mined land reclamation contract, and the bureau of mines and geology shall bring such court actions and take such other steps and actions as may be necessary to enforce the provisions of such contracts. Section 3. All agencies of the state of Montana concerned with reclamation, soil or water conservation, recreation, fish, game, and wildlife, state parks, state forests, and state lands, shall cooperate with and assist the Montana bureau of mines and geology in carrying out and enforcing contracts for the reclamation of lands on which the strip mining of coal has been conducted. Section 4. Any strip coal mine operator who shall enter into a contract with the Montana bureau of mines and geology providing for the reclamation of lands on which the strip mining of coal has been conducted, shall annually receive credit toward the payment of the coal mines license tax provided for in chapter 13 of title 84, R.C.M. 1947, in an amount equal to one-half (2) of the reasonable value of the reclamation work performed on such lands under such contracts during the preceding year. The Montana bureau of mines and geology shall annually inspect each strip mining operation for coal in this state, and shall, if the operator of such mine has entered into a contract for the reclamation of strip mined lands, determine the reasonable value of all reclamation work performed by such mine operator during the preceding year. The bureau of mines and geology shall promptly after each annual inspection, report to the state board of equalization, the state treasurer, and the operator the reasonable value of reclamation work performed on strip mined lands during the immediately preceding year by each strip mine poerator, and one-half (2) of the amount so reported shall be deducted from coal mines license tax due from such strip coal mine operator pursuant to the provisions of chapter 13 of title 84, R.C.M. 1947. 95-623-68—23 Section 5. Section 84-1303, R.C.M. 1947, is amended to read as follows: "84-1303. Payment of annual license tax. Such annual license tax shall be paid in quarterly installments for the quarters ending, respectively, March 31st, June 30th, September 30th, and December 31st in each year, beginning with the quarter ending March 31, 1921, and the amount of the license tax due for each such quarter shall be paid to the state treasurer within thirty days after the end of each such quarter provided that one-half (2) of the amounts reported to the state treasurer by the bureau of mines and geology as being the reasonable value of reclamation work performed by a licensee on lands on which strip mining has been conducted shall be credited to such licensee on the first quarterly payment of the license tax due after such report is received, and on such subsequent quarterly payments until the licensee has received credit for the full amount thus reported." Approved: March 1, 1967. 10. PROTECTION OF THE SURFACE, NATURAL RESOURCES, AND IMPROVEMENTS. The lessee agrees to take such reasonable steps as may be needed to prevent operations from unnecessarily: (1) causing or contributing to soil erosion or damaging any forage and timber growth thereon; (2) polluting the waters of springs, streams, wells, or reservoirs; (3) damaging crops, including forage, timber, or improvements of a surface owner; or (4) damaging range improvements whether owned by the lessor or by its grazing permittees or lessees; and upon any partial or total relinquishment or the cancellation or expiration of this lease, or at any other time prior thereto when required by the lessor and to the extent deemed necessary by the lessor, to fill any sump holes, ditches and other excavations, remove or cover all debris, and, so far as reasonably possible, restore the stripped area and spoil banks to a condition in keeping with the concept of the best beneficial use, including the removal of structures as and if required. The lessor may prescribe the steps to be taken and restoration to be made with respect to lands of the lessor and improvements thereon. 3. Lessee shall prospect and explore for uranium with minimum disturbance to the surface of the land, all drill holes shall be securely capped when not in use. In any drilling operations, lessee shall comply with all of the provisions of law governing ground water, especially the provisions of Sections 89-2911 through 89-2936 of the Revised Codes of Montana (1947) and lessee shall at all times exercise due care to avoid contamination of ground waters. If the lessee wishes to mine uranium it shall first submit a comprehensive plan of its proposed mining operations, including plans for restoration of the surface at the termination of said mining operations, to lessor and thereafter lessor shall have the right, at any time and from time to time, to impose reasonable restrictions on said mining operations for the protection of the land, water, livestock and persons on the premises. * STATE OF MONTANA, Senator HENRY JACKSON, DEPARTMENT OF STATE LANDS AND INVESTMENTS, Chairman, Senate Interior Committee, DEAR SENATOR JACKSON: As Commissioner of State Lands for the State of Montana, responsible for the management and development of almost 6,000,000 acres of state owned grant lands, I would like to comment on S. 3132 known as the Surface Mining Reclamation Act of 1968. Federal legislation, at this point of time, is unnecessary and will continue to be so until the states have shown that they are unable to cope with the problem. The problem insofar as the Nation is concerned is presently located mainly in the anthracite coal areas of the Appalachian region and is one of long standing. In Montana the problem is minimal as there are only two strip coal mines in exist ence, one is inoperative, the other is operating and has recently entered into a reclamation agreement with the School of Mines, under the provisions of the recently passed Montana Strip Mines Reclamation law. With this law our state has assumed leadership in strip mine reclamation in the West and we, as well as other states in a similar position, should be allowed to demonstrate what we can do before enacting federal statutes setting up standards that would not be feasible for semi-arid areas such as ours. Under the proposal the states would be given two years to come up with satisfactory state regulations and there is no assurance at the present time that the Montana regulations would be satisfactory from the National standpoint. In my opinion the administration bill actually only provides token acknowledgement of the prerogatives and rights of state government for, if the state's laws, do not conform exactly to the federal standards promulgated, the federal law will take precedence. I would like to suggest that consideration of this type of legislation be deferred for at least five years in order to give the states involved with this problem an opportunity to come up with procedures of their own to accomplish the objectives of the act. If this would be impossible to achieve then I sincerely request that the semi-arid western states be removed from consideration under this bill. Your consideration of this request would be earnestly solicited. Sincerely yours, MONS L. TEIGEN, Commissioner, State Lands and Investments. MONTANA BUREAU OF MINES AND GEOLOGY, Hon. HENRY M. JACKSON, Chairman, Senate Interior Committee, DEAR SENATOR JACKSON: This letter is in reference to U.S. Senate Bill 3132, also known as the Jackson Bill and the Administration's Bill on Mined-Land Conservation. The bill speaks glowingly of cooperation between the Secretary of the Interior and the States, and of States taking the initiative in promulgating the rules and regulations on mined-land reclamation, yet a careful reading of section 7 of the bill entitled "State Plan" shows that the Secretary would have absolute and unequivocal power to approve or disapprove the State plan unless it follows strictly the guidelines set in section 7. Where is the "cooperation" and the "State initiative" in a course of action in which the Secretary spells out in detail what the States shall do, leaving up to the State only the choice of words in which to express the action-words on which he himself will ultimately pass with approval or disapproval? Section 7 would positively negate Montana's current plan of voluntary mined coal-land reclamation which has the approval of our 1967 Legislature. Section 7A calls for promotion of "an appropriate relationship between the extent of regulation or reclamation that is required and the need to preserve and protect the environment." Let us see how this would work with the Berkeley Pit at Butte. There is an unquestioned need for the copper of Berkeley Pit, and the only way to get it is to mine it by open-pit methods. The pit is in an area now treeless and with but sparse surface vegetation on a sandy, rocky soil. Obviously, it would be pointless to try to reclaim this land (the mine waters are being reclaimed); yet section 7C insists that the State plan contain criteria relating specifically to (among others) "(iv) the reclamation of surface-mined areas by revegetation, replacement of soil, or other means, (v) maintenance of access through mined areas, (vii) the protection of fish and wildlife and their habitat." The Berkeley Pit could not operate under such regulations unless section 7A were strengthened to specifically exempt certain classes of mines from provisions of section 7C. There are other mined-land reclamation bills before the Senate: No. 217 (the Lausche bill) and S-3126 (the Nelson bill). Mr. Lausche's and Mr. Nelson's names also appear on S-3132 (the Jackson bill), which is being discussed. Present comments are being confined to Senate Bill 3132 which is the least objectionable of the three. The other two are far too restrictive for Montana mining industry. S-3132, if passed, will require State legislative action to set up a single State agency as the administrator of the "State Plan," and will require State funds to match Federal funds fifty-fifty in training personnel in this administration to suit the Secretary of the Interior-otherwise the Federal Government takes over. It is a bad bill for Montana. Far better let the States do their own regulating on mines and the mining industry, so that each area can pass laws suitable to its environment. There are other objectionable features of this upon which I will not comment as I know others in this State are doing so. I wish to keep this statement brief enough so that, perhaps, some notice might be taken of it. Sincerely, UUNO M. SAHINEN, Associate Director, Montana Bureau of Mines and Geology, and Director, Montana Coal Resources Research Council MINING ASSOCIATION OF MONTANA, Butte, Mont., April 29, 1968. Hon. HENRY JACKSON, Senate Interior and Insular Affairs Committee, DEAR SENATOR JACKSON: The Mining Association of Montana would like to comment on Senate Bill 3132. This bill, which was introduced on March 11 as S. 3132 provides that a state will come under federal control if it fails to submit an acceptable state program for mined land reclamation to the Secretary of the Interior within two years after the effective date of the Act. Although the states are given the opportunity to devise their own plans, such state plans must comply with fairly detailed federal requirements spelled out in the Act. Thus, the choice is between federal regulation by federal officials, or federal regulation by state officials. The mining industry accepts the idea that mining should be carried on so as not unreasonably to damage other resource values. However, because of the extreme diversity of land use, land values, surface area disturbed in relation to value of minerals extracted, and esthetic standards, it is usually recognized that national standards governing mined land reclamation are impractical. Regardless of whether or not the proposed law provides for recognition of local conditions, we can reasonably expect standards to be imposed on the mining operations in the semiarid western states based on the experience of Department of Interior officials more familiar with the problems of other areas. Most of the abuses which have occurred and which have been well publicized, have occurred in the Appalachian areas in eastern United States and involve the consequences of surface mining of anthracite coal. The problems of mining and reclamation here in the West are so totally different that they almost defy comparison. We strongly urge the defeat of S. 3132. It is our opinion that any necessary regulations for mined land reclamation should be enacted at the state level. The 1967 Montana Legislature enacted a law providing for the reclamation of strip coal mined lands. This Act is a suitable vehicle for amendment to provide for the reclamation of all mined lands. S. 3132 provides only token state participation in solving this important problem. We urge genuine state initiative and independence in approaching and solving this problem. Any federal participation in this area should be limited to federal grants for the purpose of financing the reclamation of old mined areas. As far as the current mining and reclamation activities are concerned the states can do a better job on their own. Very truly yours, PETER J. ANTONIOLI, STATEMENT BY HON. STANLEY K. HATHAWAY, GOVERNOR OF THE STATE OF WYOMING The State of Wyoming is vitally concerned and interested in proposed Federal legislation to regulate surface mining, with special reference to S. 3132 and also to any similar legislative proposals. Wyoming is concerned because of such important factors and considerations as (1) the economic impact on our state and our mining industry, (2) the conservation of the surface natural resources of our state, (3) the responsibility of the state for the control of its resources, (4) the further abrogation of state authority by federal agencies, and (5) a coercive approach to a problem rather than the encouragement of a cooperative approach at the grass roots levels. We are not unmindful of the problems in some areas of this great nation resulting from surface mining. We note that states have already made great progress in solving those problems, and we have no doubt that many others are at work on the problems and are preparing to adopt the necessary legislation. For these and other reasons, we do not believe that S. 3132 is necessary, nor do we believe it to be the proper solution for the problem. I should like to emphasize that conservation and conservation problems are of concern to all citizens of Wyoming. As we seek to develop Wyoming's natural resources and build our state's economy, we most certainly want to preserve Wyoming's beauty and grandeur. We want to conserve its natural resources. There is no question in our minds that some regulation of surface mining is required. Each state in which there is surface mining has problems unique to its conditions. This is primarily the responsibility of the state. Another factor which is of importance in some areas is the competitive situation resulting from mining the same mineral under similar conditions in two or more neighboring states. It is recognized that the failure of one competing state to enact adequate control measures can have a significant effect upon the competition for markets by a neighboring state. This, we are convinced, can be corrected without the establishment or expansion of administrative edicts. Further, we wish to emphasize that surface mining regulation should not be used to equalize competitive situations. It should be limited to its stated purpose-to conserve natural resources. Until recent years there was a very limited amount of surface mining in Wyoming. Now our surface mining is increased and has become an important factor in our economic development. For some time we have realized that the rehabilitation of surface mined areas would cause increased concern. We knew that our soil, climate and moisture conditions would result in different land use and revegetation problems than those found in the Middle West and in the Eastern states. Four years ago, one of Wyoming's major coal companies provided for a grant of $25,000 to the University of Wyoming for research in the revegetation of disturbed lands. This research is being continued. Other mining companies have been experimenting with various rehabilitation practices. Some have had encouraging results. A Federal Field Study Team from the Department of the Interior, acting under the Appalachian Regional Development Act of 1965, inspected a number of our surface mine operations. This team was very favorably impressed by one surface mine rehabilitation project in particular. The members of the team stated it was one of the finest examples of rehabilitation that they had seen in their extensive travels to surface-mined areas. We stress this because this work was done on a voluntary basis. There was no compulsion. We should like to emphasize that the interest of our mining people and their cooperation, along with that of the various conservation groups, can contribute much to the success of any regulatory program. We in the West believe this to be the most desirable method of attacking our problems. In Wyoming, as we gain more knowledge of our problems in the rehabilitation of surface-mined land, we plan to take the necessary steps to develop a sound program. We believe that we have much of the information needed to aid us in establishing standards for rehabilitation practices. We shall seek state legislation to establish the regulations required to ensure compliance. I should state that our mining industry has kept us informed on its progress in securing voluntary cooperation in research and experimentation. The industry has met with various conservation groups and discussed its problems with them. I have personally been assured of the industry's cooperation in seeking legislative action to establish the authority of the state in this field. It is my conviction that our state can and will do the job in rehabilitating lands disturbed by surface mine operations. We do not believe it is necessary for the federal government to encroach in the area of conservation of a state's resources for the following stated reasons: 1. States are aware of the problems and are working on solutions; indeed, some states already have satisfactory programs for the regulation of surface mining. 2. The states can regulate surface mining effectively. In each state there can be found the necessary expertise and competence to develop effective control measures. |