7. MINING:
Wyo. lawmakers fume over lost reclamation funds in wake of CR passage
Published:
The Wyoming congressional delegation voted as a bloc against the short-term spending bill that the Senate passed over the weekend in protest of the state's lost mine reclamation money.
The state's lawmakers are vowing to recoup the $700 million they lost during summer transportation-bill negotiations. But as similarly affected states got relief from the continuing resolution (CR), Wyoming is in danger of becoming the odd state out.
The delegation is furious. "It's unconscionable that we continue to break the bank, fund Obamacare, do not even debate the Libya and Egypt funding issue, and rob Wyoming of its rightfully owed [abandoned mine land] money just to create another Washington slush fund," Rep. Cynthia Lummis (R) said.
At issue is an offset to the transportation bill, which put a $15 million cap on abandoned mine lands (AML) program payments to states and tribes that are certified to have finished cleaning up their priority sites.
While Wyoming appeared to be the only state affected, noncertified states would have also seen losses because of a complex funding formula. Lawmakers used the CR to fix the unintended glitch but did not undo Wyoming's losses.
"The money in the AML trust fund isn't an ATM for the federal government," said Sen. Mike Enzi (R-Wyo.). "If you're going to tax our coal, you sure better be ready for a share of that money to stay in the state."
A tax on the coal industry funds the AML system. While states like Pennsylvania, West Virginia and Kentucky have a backlog of coal mine reclamation needs, certified states like Wyoming -- the nation's top coal producer -- are wary of seeing funds collected in their jurisdiction go elsewhere.
But with Wyoming getting the most AML dollars -- $150 million last year -- and using many of those funds for activities not directly related to mine reclamation, lawmakers looking for an offset to transportation spending found an easy target.
"The [abandoned mine land] provision in the continuing resolution fails to fix a problem created in the transportation bill," said Sen. John Barrasso (R-Wyo.), a member of the GOP leadership team. "By leaving out Wyoming, it fails to make the AML program whole."
Lummis and Rep. Nick Rahall (D-W.Va.) introduced H.R. 6113 in July to scrap the offset entirely. A similar bill is pending in the Senate, both with a bipartisan group of coal-state lawmakers as co-sponsors.
But the level of support those other lawmakers may be willing to give remains uncertain with funding for their states no longer on the chopping block. Lummis said efforts to lobby on her state's behalf fell on deaf ears.
"The bill's author would not speak to either Governor [Matt] Mead or me about the AML issue," she said in a statement. "Our phone calls were not returned, even though Wyoming was the only state that was robbed in the bill. I refuse to support secretive, good-old-boy government dealings, no matter which party is the source."
House Appropriations Chairman Hal Rogers (R-Ky.) -- whose state stood to lose about $5 million a year in the AML funding mess -- introduced and pushed for the continuing resolution. A Rogers spokeswoman did not return a call requesting comment in time for publication.
"The reasonable hope for some relief [for Wyoming] would be with some year-end legislation that might involve a jobs bill, an energy bill, a farm bill," said Greg Conrad, executive director of the Interstate Mining Compact Commission, a multi-state agency, noting the difficulty of passing a stand-alone bill with Congress preparing for a packed lame-duck session.
Even if lawmakers agree to Wyoming's demands, Conrad, the top advocate on Capitol Hill for mining states, said in an interview the state could lose money during the next round of AML grants later this year, unless lawmakers restore its funding retroactively.
And if lawmakers punt on the issue altogether, Conrad said Wyoming's prospects may become dimmer as more time passes. "I think a lot depends on the election," he said. "But I still think it will be an uphill battle."
Critics, including the Obama administration, call it unfair for certified states like Wyoming to keep receiving money meant for coal cleanup priorities (Greenwire, May 7). But boosters tout the funding formula as a delicate compromise.
"If people want to change the AML trust fund, they should do so with a full and open debate. That debate would likely be referred to the Energy Committee for consideration, not the Appropriations Committee," an Enzi spokesman said.
Barrasso said, "This fight is far from over. We'll continue to pursue every opportunity to fully restore the money that belongs to the people of Wyoming."