HOUSE CONCURRENT RESOLUTION 42
(By Delegates Butcher, Anderson, Armstead, Ashley, Azinger,
Beane, Boggs, Border, Calvert, Cann, Capito, Caputo, Coleman,
Dalton, Dempsey, Evans, Faircloth, Ferrell, Flanigan, Fletcher,
Frederick, Givens, Hall, Harrison, Hatfield, Hines, Hunt, Hutchins,
Jenkins, Kominar, Kuhn, Laird, Leggett, Linch, Louisos, Manchin,
Manuel, Mattaliano, McGraw, Michael, Modesitt, Paxton, Pethtel,
Pettit, Pino, Proudfoot, Prunty, Riggs, Romine, Ross, Rowe,
Schadler, Shelton, Smirl, J. Smith, L. Smith, Sparks, Stalnaker,
Stemple, Susman, Thompson, Tucker, Varner, Warner, Webb, H. White,
L. White, Williams, Willis, Willison, Wills, Yeager)
Urging the West Virginia congressional delegation to take immediate
legislative action to amend existing surface mining laws to
reverse the effect of the decision in Bragg, et al. V.
Robertson, et al. on West Virginia mines and miners.
Whereas, West Virginia Legislature tirelessly seeks to improve
the quality of life for the citizens of the mountain state; and
Whereas, Coal mining has been, and continues to be, one of the
primary industries responsible for the economic success of West
Virginia and its citizens; and
Whereas, Thousands of West Virginians are employed, either
directly or indirectly, by the coal industry, which generates payrolls totaling over two billion dollars annually; and
Whereas, Coal mining, including the practice of mountaintop
mining, currently accounts for the payment of millions of dollars
in severance taxes, tens of millions of dollars in income taxes and
millions of dollars in other related taxes paid to the State of
West Virginia; and
Whereas, County governments and county school systems
throughout the State rely on the taxes from coal companies and coal
miners to fund many valuable programs, including public education,
ambulance services and law enforcement; and
Whereas, Coal severance tax dollars generated from mountaintop
mines in southern West Virginia provide a source of revenue and
economic activity to support important government programs
throughout all of the fifty-five counties of the State; and
Whereas, An October 20, 1999, decision issued from the United
States District Court for the southern district of West Virginia in
the case of Bragg, et al. v. Robertson, et al., concerning stream
"buffer zones" and "valley fills," has threatened the continued and
economical operation of surface and underground coal mines in the
state and thus, thousands of coal mining jobs and mine-related
contractor jobs; and
Whereas, The October 20, 1999, decision has effectively
rendered millions of tons of valuable coal reserves unmineable and
has adversely impacted investment decisions related to the future
of West Virginia and future coal mining operations; and
Whereas, The December 23, 1998, settlement agreement executed
by the parties to the Bragg case placed additional controls and
oversight on the mine permitting process in the state and further
authorized the United States Environmental Protection Agency (the
EPA) to undertake a two-year environmental impact assessment of the
effects of large scale mountaintop mining practices, which is
currently underway and which will result in an environmental impact
statement (the EIS) relating to the ecological effects of the
placement of valley fills in streams incident to the surface mining
process; and
Whereas, The State of West Virginia, through its legislatively
authorized interim surface mining council is participating with EPA
and other agencies in the conduct of the EIS and has committed
funding and other resources toward that end; and
Whereas, The State of West Virginia, through the interim
surface mining council, remains optimistic that the information
compiled in the EIS during this two-year period may substantiate
the effectiveness and adequacy of the existing level of
environmental regulations and controls on the coal industry, which
are enforced under the Surface Mining Control and Reclamation Act,
the Clean Water Act, etc; therefore, the State of West Virginia,
remains optimistic that, because of the information collected
during this two-year period, the EIS may also be used to amend
existing policies or serve as the basis for new requirements to be
imposed on the coal industry; and
Whereas, The 1999 Legislature enacted comprehensive legislation
(Senate Bill No. 681) establishing a level of unprecedented
statutory provisions expanding the protections under state law for
coalfield residents and others who reside in close proximity to
active mining operations; and
Whereas, West Virginia's regulatory program is comprised of a
wide range of unprecedented, substantive requirements that have no
parallel in any other state and which far exceed federal mining
rules and regulations, and thus contribute to greater restrictions
and greater environmental protections; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia urges the congressional
delegation of West Virginia to pursue immediate, expeditious and
thorough congressional action to amend affected provisions of the
federal mining law in order to effectively reverse the October 20,
1999, decision and restore the stability and fairness which the
mining industry enjoyed in West Virginia prior to October 20, 1999;
and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the President and
Vice President of the United States, to the Governor of the State
of West Virginia, to each member of the United States Congress and
to the directors of each of the federal and state agencies that
regulate the West Virginia coal mining industry.