While coal and mining issues in the congressional budget deal remain controversial, it appears that many Democrats were prepared to make tough concessions to reach a compromise.

The spending package would cut $4 million from U.S. EPA funding that appropriators say has been used by the agency in its crackdown of Appalachian coal mining. The cut, while upsetting to many Democrats, is by no means as tough as potential policy riders.

Asked if the cuts were something she felt forced to swallow, Sen. Dianne Feinstein (D-Calif.) said, "Oh, all of it. If you put together an omnibus and it's a conference report, it isn't amendable."

Environmental advocates are dismissing the cut as largely inconsequential to EPA's efforts to police the mining industry. Riders to prevent EPA from enforcing a guidance on Appalachian mountaintop removal permits and another to stop the Office of Surface Mining from preparing a stream protection rule did not make the cut.

"There's no provision in the bill that either restricts EPA's use of funds with respect to review and scrutiny of discharge permits for mountaintop removal mines," said Jon Devine, a senior attorney with the Natural Resources Defense Council's water program.

Joan Mulhern, senior legislative counsel for Earthjustice, said, "All this language does is show Chairman [Hal] Rogers and the coal industry are more interested in making a political point that they do not care for clean water than they are in protecting streams, mountains and communities from permanent destruction."

A House Appropriations Committee spokeswoman said the language "cuts funds to procedures EPA put in place in 2009 to delay the processing of mining permits." She added, "This funding level should allow for the more timely processing of these permits."

U.S. District Court Judge Reggie Walton for the District of Columbia recently struck down an EPA-led program for enhanced reviews, saying the agency went beyond its legal confines.

The mining industry, which brought the case along with the states of West Virginia and Kentucky, says Congress needs to check the administration's agenda.

Luke Popovich, National Mining Association spokesman, said, "We believe the regionwide permit moratorium has destroyed opportunities to create shovel-ready jobs that the economy obviously needs."

An attempt to exempt the military from a 2007 law prohibiting the government from purchasing carbon-heavy fuels like coal was another sticking point in negotiations, sources say.

Coal proponents have been pushing for a repeal of the ban in appropriations bills all year, especially defense bills (E&E Daily, Dec. 13). The package that emerged yesterday, however, kept the ban intact.

The mining industry scored another victory with a provision to block the Mine Safety and Health Administration's proposed rule to prevent black lung disease in workers.

The NMA says MSHA has not made the case for tougher equipment and mine dust requirements. The rider would require a review by the Government Accountability Office of MSHA's analysis of the rule.

"I'm not OK with it," Sen. Tom Harkin (D-Iowa), the son of a coal miner, said in an interview. "But there are a lot of things I'm not OK with that I have to support in order to get a compromise."

Reporter Annie Snider contributed.