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LeVander, Hon. Herald, Governor, State of Minnesota.

Little, Grover C., Jr., executive director, West Virginia Division, Izaak
Walton League...--

Long, Gene, general manager, Reclamation and Land Use, Truax-Traer
Coal Co...

Moody, Joseph E., president, National Coal Policy Conference; accom-
panied by Edwin R. Phelps, vice president, Peabody Coal Co., George
Sall, director, Mined Land Association, James Reilly, vice president,
Hanna Coal Co., and Robert E. Lee Hall, vice president, National Coal
Association.......

Supplemental statement..

267

342

294

National Association of Manufacturers_
National Crushed Stone Association.
New Mexico Mining Association..

Orth, Franklin L., executive vice president, National Rifle Association of
America---

Padgett, Ward, chief mine inspector, Department of Mines, State of
Oklahoma; accompanied by Thomas Kiser, president, Ore Producers
Association, Tri-State Area, Oklahoma__

Peplow, Edward H., Jr., executive secretary, Arizona Mining Association_
Phelps, Edwin R., vice president of engineering, Peabody Coal Co------
Pomeroy, Kenneth B., American Forestry Association_

Prater, Lewis, Idaho Bureau of Mines, representing the Governor of Idaho.
Reilly, James, vice president, Consolidation Coal Co. of Pittsburgh_.
Rigg, John B., Colorado Mining Association---

113

120

305

155

353

308

287

328 122

296

210

133

181

Sall, George, director, Mined Land Conservation Conference, National
Coal Association__.

127

State Mining and Geology Board of California.

359

Studebaker, Sam S., president, National Association of Soil and Water
Conservation Districts_ _

303

Thiele, Paul, president and chairman of the board, Thiele Kaolin Co.,
Sandersville, Ga---

293

Tippy, Roger, assistant conservation director, Izaak Walton League..
Udall, Hon. Stewart L., Secretary of the Interior; accompanied by J.
Cordell Moore, Assistant Secretary, and L. Boyd Finch, staff assistant,
Office of the Secretary..

337

29

Utah Mining Association_

Wachter, Frank C., vice president, Pennsylvania Glass Sand Corp..
Waugaman, Hon. William, director, Alaska Miners Association___
Widner, S. R., and John Spurling, of Missouri..

Williams, Hon. Jack, Governor, State of Arizona.

Zeigler, George A., chairman of the board, National Limestone Institute,
Inc.; accompanied by Robert Koch, president, M. J. Grove Lime Co..

COMMUNICATIONS

Antonioli, Peter J., secretary-manager, Mining Association of Montana: Letter to Hon. Henry M. Jackson, chairman, Committee on Interior and Insular Affairs, dated April 29, 1968---

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Babcock, Tim, Governor, Montana: Letter to Hon. Lee Metcalf, chairman,
Indian Affairs Subcommittee, dated May 1, 1968--

346

Bein, Hugh, Del Monte Properties Co., California: Letters to Hon. Thomas
H. Kuchel, a U.S. Senator from California-

April 3, 1968

371

April 25, 1968.

375

Douglas, Phillip, executive secretary, Sport Fishing Institute: Letter to
Hon. Henry M. Jackson, chairman, Committee on Interior and Insular
Affairs, dated May 21, 1968..

367

Dole, Hollis M., State geologist, Department of Geology and Mineral
Industries, Oregon: Letter to Hon. Henry M. Jackson, chairman,
Senate Interior and Insular Affairs Committee, dated April 24, 1968-_-_
Dunkelberger, Edward, Covington and Burling, Washington, D.C.:
Letter to James G. Watt, secretary, Natural Resources Committee,
Chamber of Commerce of the United States, dated April 14, 1968.
Greco, Frank E., secretary-treasurer, Wedron Silica Co., Chicago: Letter
to Hon. Ernest Gruening, chairman, Minerals, Materials, and Fuels

356

362

Gutermuth, C. R., vice president, Wildlife Management Institute: Letter
to Hon. Henry M. Jackson, chairman, Committee on Interior and
Insular Affairs, dated May 10, 1968..

Harrison, John R., president, Lakeland Ledger, Florida; Letter to Hon.
Lee Metcalf, chairman, Indian Affairs Subcommittee, dated May 2, 1968-
Hastings, Richard H., law offices, Sullivan, McMillan, Hanft, and
Hastings, Duluth, Minn.: Letter to Hon. Lee Metcalf, chairman,
Indian Affairs Subcommittee, dated May 3, 1968-
Kimball, Thomas L., executive director, National Wildlife Federation:
Letter to Hon. Henry M. Jackson, chairman, Senate Committee on
Interior and Insular Affairs, dated April 30, 1968-.
Laxalt, Paul, Governor of Nevada: Letter to Hon. Henry M. Jackson,
chairman, U.S. Senate, Interior and Insular Affairs Committee, dated
April 26, 1968__

Marsh, Victor R., Jr.; Black, McCuskey, Souers, and Arbaugh, attorneys
and counselors at law, Canton, Ohio: Letter to Hon. Frank J. Lausche
a U.S. Senator from Ohio, dated April 22, 1968.
Minor, Gray, director of public affairs, Pacific Cement and Aggregates,
San Francisco, Calif.: Letter to Hon. Henry M. Jackson, chairman,
Committee on Interior and Insular Affairs, dated April 12, 1968---
Shiely, J. L., Jr., president, J. L. Shiely Co., St. Paul, Minn.: Letter to
Hon. Walter Mondale, a Ú.S. Senator from Minnesota, dated March 26,
1968_

Smith, Roger, vice chairman, legislative committee, Glendive Chamber of
Commerce, Montana: Letter to Hon. Lee Metcalf, chairman, Indian
Affairs Subcommittee, dated May 14, 1968--

Stearns, James G., director, State of California-Resources Agency,
Department of Conservation: Letter to Hon. Stewart L. Udall, Secretary
of the Interior, dated April 18, 1968_.

Page

366

372

367

365

355

369

371

369

372

360

Teske, A. J., secretary, Idaho Mining Association: Letter to Hon. Henry M. Jackson, chairman, Senate Committee on Interior and Insular Affairs, dated April 29, 1968--

357

Watt, James G. secretary, Natural Resources Committee, U.S. Chamber of Commerce: Letter to Hon. Henry M. Jackson, chairman, Interior and Insular Affairs Committee, dated May 10, 1968-..

360

ADDITIONAL INFORMATION

Bituminous coal and lignite, statistics for surface mining, 1966...
Coal acreage mined, planted and reclaimed, 1966---

Land disturbed by strip and surface mining as of January 1, 1965–
Memorandum of understanding between coal surface mining companies
and Colorado Department of Natural Resources--

"Polk Lakes Are Doomed'-Phosphate Said Primary Cause," article by W. D. Shilling from the Ledger, Lakeland, Fla., April 28, 1968----Resolutions:

National Wildlife Federation and State of California

"Restoring Surface-Mined Land," Publication No. 10827 of the Department of Agriculture___.

Statistical reclamation report__.

Status of land disturbed as of January 1, 1965

Suggested amendments to S. 3132_

U.S. Imports of Metals, 1966__

132

131

176

277

372

360, 366

73

130

178

217

107

SURFACE MINING RECLAMATION

TUESDAY, APRIL 30, 1968

U.S. SENATE,

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, D.C. The committee met, pursuant to call, at 10 a.m., in room 3110, New Senate Office Building, Senator Lee Metcalf presiding.

Present: Senators Nelson, Metcalf, Allott, Jordan of Idaho, Bible, Fannin, and Hansen.

Also present: Jerry T. Verkler, staff director; Stewart French, chief counsel; Porter Ward, professional staff member, and E. Lewis Reid, minority counsel.

Senator METCALF. The committee will be in order.

This is an open, public hearing by the Senate Committee on Interior and Insular Affairs on proposed legislation for the protection and reclamation of lands and waters from the effects of surface mining operations.

There are three bills for this purpose now before the committee. They are S. 3132, which was drafted and submitted by the Department of the Interior and which Senator Jackson introduced for himself and Senators Nelson, Lausche, and Anderson; S. 3126, which is sponsored by Senator Nelson, and S. 217, sponsored by Senator Lausche, with Senators Bartlett, Fulbright, Metcalf, Nelson, Scott, Tydings, Young of Ohio, and Kuchel as cosponsors.

Without objection, I will direct that the text of all three of these measures appear at the conclusion of these brief opening remarks, together with the text of the executive communication by which the draft of S. 3132 was submitted and any departmental reports we may have.

All of these measures are similar in purpose, and I am happy to be able to point out that the chief sponsors of S. 3126 and S. 217 have joined Senator Jackson, the chairman of this committee, in sponsoring the administration bill.

Thus, it can be anticipated that S. 3132 will be the measure on which the committee will act, with, of course, such amendments as are adopted.

The administration bill, S. 3132, is based on a study undertaken by the Department of the Interior with the active cooperation and assistance of the Departments of Agriculture, Commerce, Defense, Health, Education, and Welfare, the Tennessee Valley Authority, and the Appalachian Regional Commission. This study was authorized and directed by section 205 of the 1965 Appalachian Regional Development Act, Public Law 89-4, on a nationwide scale.

(1).

The Interior Department submitted to the President a comprehensive, strikingly illustrated report last fall on the results of this study entitled "Surface Mining and Our Environment." S. 3132 would put into effect many of the findings and recommendations set forth in this report.

The title of the bill is descriptive of its subject and purpose. It states that the bill is "To provide for the cooperation between the Secretary of the Interior and the States with respect to the future regulation of surface mining operations * * *"

The key phrases are "cooperation with the States," and "future regulation. "That is, under S. 3132 the States themselves would have initial and primary responsibility for regulation and control of future surface mining operations within their borders, and for making provision for restoration and reclamation of lands and waters that may be detrimentally affected by surface mining operations.

I might point out that Senator Nelson's bill and that of Senator Lausche, which is restricted to surface mining of coal, would provide programs for use of Federal funds for reclamation and restoration of the 2 million acres of already surface mined lands that the Interior Department's report finds require treatment "to alleviate a range of environment damage both on-site and off-site."

The cost of such a retroactive program, so to speak, would be tremendous-upward to at least $50 million the Interior Department estimates-whereas the cost of the prospective program established by the administration bill would be relatively modest.

While we are on the subject of cooperation between the States and the Federal Government, I would like to speak a word in behalf of cooperation continued cooperation-among the several agencies of the Federal Government that have jurisdiction and responsibilities for lands and waters that are affected by surface mining.

Each agency has its own particular expertise, and the expertise of all will be needed to meet, in an equitable manner, the problems arising from regulations and reclamation of surface mined areas.

Unquestionably long-range planning for such a program as we envision requires geologic knowledge, such as possessed by the Geological Survey; mineralogical knowledge, such as that of the Bureau of Mines; and water pollution control knowledge, such as that in the Federal Water Pollution Control Administration.

All these are agencies of the Department of the Interior. It also has within it other agencies, such as the Bureau of Reclamation, that have knowledge and skills invaluable to the program. At the same time, the Soil Conservation Service and the Forest Service of the Department of Agriculture also have essential expertise for reforestation and cover crops for surface-mined lands, as does the Corps of Engineers of the Defense Department with respect to many problems of hydrology. Other agencies also have the trained personnel and the background of experience necessary to make the control and restoration program successful.

In short, it is the hope and expectation of the Congress that the surface-mined lands program will be a truly cooperative one as to the Federal agencies as well as to the States.

In bringing these remarks to a close, I want to point out that the committee is well aware of the basic importance of surface mining to

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