>From Booklet Titled "Part 1":

INTRODUCTION

Surface mining of coal involves removing overlaying soil and rock in
order to expose the coal, which typically is 30-90 feet
underground. Compared to underground coal mining, surface mining
generally costs less, is safer for miners, and usually results in more
complete recovery of the coal. However, it also results in much more
extensive, tough temporary, disturbance of the land, which can cause
serious environmental problems unless controls are thoroughly followed and
the mined land is carefully reclaimed....

Two major programs were created by the Surface Mining Law:

An environmental protection program to establish standards and
procedures for approving permits and inspecting active coal mining and
reclamation operations both surface and underground; and

A reclamation program for abandoned mine lands, funded by fees that
operators pay on each ton of coal mined, to reclaim land and water
resources adversely affected by pre-1977 coal mining. In 1990 Congress
expanded the Law to include reclamation of mines abandoned after passage
in 1977... (pp 2-3)

THE SURFACE MINING LAW

THE REGULATORY PROGRAM

The Surface Mining Law (Surface Mining Control and Reclamation Act of
1977) contains five principal regulatory provisions that form the basis of
protecting people and the environment during coal mining and ensuring
prompt land restoration afterward. These are carried out by the 24
primacy states and the Office of Surface Mining in federal program states
and on Indian lands.

PERFORMANCE STANDARDS

Performance standards are intended to ensure that all surface coal mining
is conducted in a way that protects the environment and the public and
ensures that the mined land is restored to productive use following
mining. The standards provide a basic level of compliance during coal
mining and reclamation.

PERMITS

Before developing a surface or underground coal mine, an operator must
have a permit issued under the Law. An application for a permit to
conduct a coal mining operation is a detailed document that consists of
text and numeric data describing the proposed mining and reclamation....

PERFORMANCE BONDS

Before a permit can be granted, an operator must post a performance bond
sufficient to cover the cost of reclaiming the site in the event the
operator does not complete reclamation. The bond is not fully released
until all performance standards have been met and full reclamation of the
site (including permanent revegetation) has been determined to be
successful--after five years in the East and Midwest, and after 10 years
in the arid West. However, the bond can be partially released as various
phases of reclamation (backfilling, regrading, revegetation) are
successfully completed.

INSPECTION AND ENFORCEMENT...

LANDS UNSUITABLE FOR MINING

Congress recognized that certain coal deposits cannot be mined without
permanent damage to unique cultural or natural resources. As a result,
the Surface Mining Law protects those resources in two ways:

It prohibits mining within the boundaries of national parks, forests,
wildlife refuges, trails, wild and scenic rivers, wilderness and
recreation areas; in areas which will adversely affect sites listed on the
National Register of Historic Places; and within a restricted distance of
occupied dwellings, public roads, buildings, parks, schools, churches, and
cemeteries; and

Provides a process that allows anyone whose interests may be adversely
affected by proposed mining to petition to have specific lands designated
unsuitable for surface coal mining.

THE ABANDONED MINE LAND RECLAMATION PROGRAM

...provides for the restoration of eligible lands mined and abandoned or
left inadequately restored before the passage of the surface Mining
Law....

EMERGENCY PROJECTS

Emergency projects are those involving abandoned coal mine lands that
present an immediate danger to the public health, safety, or general
welfare. Typically, emergencies include landslides near homes and across
roads, subsidence occurring under houses and public buildings, mine and
coal waste fires, and open shafts discovered near populated areas....

HIGH-PRIORITY PROJECTS

The Law sets out six priorities of eligibility for reclamation
funding. the highest-priority projects protect public health, safety,
general welfare, and property from the potential danger (as opposed to
imminent danger, which categorizes them as emergency projects) and form
the adverse effects of abandoned coal mining problems.... (pp 5-6)

PROGRAM IMPLEMENTATION

...STATE AND INDIAN LAND RECLAMATION PROGRAMS

...During 1988 and 1989 the Navajo, Hopi, and Crow Tribes received
approval for their Abandoned Mine Land programs. (p 7)

[then a number of reclamation stories, with photos, including the Rosebud
Mine of Western Energy Company, in Montana, where]

...Prior to mining, native American petroglyphs or rock carvings were
identified near the mine. The company preserved the ancient
artifacts by removing slabs from the sandstone rocks to safeguard the
petroglyph. Today one slab is displayed at the entrance to the state
museum in Helena. (p 34)

...When construction of a nearby county airport threatened the destruction
of a sod-roof pioneer cabin, the mining company saw the value of the
cabin's historical significance and moved it to safety. Today, it is
permanently located on reclaimed prairie, looking just about the same as
it did in its original Montana setting. (p 35).

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>From Booklet Titled: "Part 2: Statistical Information"

COAL PRODUCTION , tons (As of 9/30/97)

Hopi Tribe Navajo Tribe

1978 818,102 9,572,048
1979 1,333,638 16,794,100
1980 1,370,253 20,327,728
1981 1,277,557 18,565,546
1982 1,448,269 20,661,178
1983 1,405,810 21,795,443
1984 1,898,286 22,679,341
1985 2,108,187 21,073,759
1986 2,792,183 16,878,552
1987 3,007,654 18,770,463
1988 3,472,680 20,613,449
1989 3,377,825 21,160,350
1990 3,294,381 20,678,057
1991 3,480,098 20,573,355
1992 3,344,645 22,190,446
1993 3,208,484 21,450,148
1994 3,641,487 21,450,148
1995 4,420,343 20,220,007
1996 3,630,056 17,969,950
1997 3,469,812 19,447,168

TOTAL 52,799,756 392,921,146 (pp 2-3)

ACREAGE PERMITTED (as of 9/30/97)

Hopi Tribe Navajo Tribe

6,152 77,996 (pp 10-11)

COST OF RECLAMATION (as of 9/30/97)

Hopi Tribe Navajo Tribe

$1,223,224 $ 9,694,127 (pp 16-17)

ABANDONED MINE LANDS: ESTIMATED COST OF RECLAIMING REMAINING PROBLEMS
(as of 9/30/97)
Hopi Tribe Navajo Tribe

$ 0 $ 292,042 (pp 18-19)

HOPI TRIBE: 100 PERCENT OF ABANDONED MINE LAND PROBLEMS RECLAIMED

Bituminous coal is found in varying quantities throughout the Hopi
Reservation. Coal in this area was utilized by Native Americans as early
as 900 A.D. Small amounts of coal were produced during the periods of
European settlement and world War II for local use. Until the early
1970's, coal continued to be produced for local use. the early mines were
shallow underground and small shallow surface mines. Large-scale mining
began in the 1970's.

The Office of Surface Mining's Western Regional Coordinating Center is
responsible for regulating coal mining and reclamation on the Hopi
Reservation. The Hopi Abandoned Mine Land Program was approved June 28,
1988.

Between 1977 and 1988, the Office of Surface Mining spent approximately
$864,000 to reclaim high-priority problems and $400,000 to reclaim
environmental coal-related abandoned mine hazards. Since 1988, when the
Tribal Reclamation Plan was approved, the Tribe has spent about $359,000
on high-priority projects..... An additional $145,000 has been spent on
environmental reclamation projects....

On June 9, 1994, the Secretary of the Interior concurred with the Hopi
Tribal Chairman's certification that all known abandoned coal mine hazards
had been eliminated.... The Tribe has now established a non-coal
reclamation program and has commenced both community impact and public
facilities projects for the villages and tribal government. (p 78)

NAVAJO TRIBE: LARGEST COAL-PRODUCING INDIAN TRIBE

The Navajo Nation is the largest Indian tribe in the United States and
occupies a reservation encompassing about 16 million acres in northeastern
Arizona, southeastern Utah, and northwestern new Mexico, with three
satellite reservations in western and west-central New Mexico. Coal
mining is conducted on a commercial scale at three large surface mines in
northeastern Arizona and western New Mexico.

The principal coal-bearing region in Arizona is the Black Mesa coal
field, which underlies about 3,200 square miles in the northeastern part
of the state. The Black Mesa coal field lies within the boundaries of the
Navajo and Hopi Indian Reservations and makes a significant contribution
to the economies of both tribes. Coal reserves in this field are
estimated to be 352 million tons, less than one-tenth of one percent of
U.S. coal reserves. The coal was first mined by prehistoric Indians as
fuel for cooking and heating. It has been estimated that the Indians
removed more than 100,000 tons between 1300 and 1600 A.D. The principal
use of coal produced on the reservation is used at the the Four Corners
Generating Station, Navajo Generating Station and Mohave Generating
Station located nearby....

The Office of Surface Ming is responsible for Abandoned Mine Land
emergency and has spent approximately $1.1 million on emergency reclamation
projects.

Since 1977, more than $1.2 million has been spent eliminating high priority
Abandoned Mine Land hazards...., $1.3 million for Priority 3
projects...and $4.8 million for hi-priority non-coal projects. Most of
the non-coal reclamation has eliminated problems associated with uranium
mines, which pose radiologic hazards to residents.

The Navajo Tribe certified completion of all Abandoned Mine Land coal
problems in May 1994, providing for funds to be used for lower priority
projects and non-coal reclamation projects. (p 80)

- - - - - - -

by:

Stuart M. Leiderman (leidermn@hypatia.unh.edu)
"Environmental Refugees and Ecological Restoration"
Environmental Response/4th World Project
c/o Natural Resources Department, James 215
University of New Hampshire-Durham 03824 USA
fx 603.862.4976