WHEREAS, the state of {state} supports reasonable, practicable and sensible efforts to improve stream protection; and

WHEREAS, under existing rules, 90 percent of all coal mines have no offsite impacts—and in many states 100 percent of the operations are free of any offsite impacts—according to the Department of Interior’s oversight reports; and

WHEREAS, following a five year period of development, the Office of Surface Mining Reclamation and Enforcement (OSMRE) within the U.S. Department of the Interior published a proposed rule on July 19, 2015 (80 Fed. Reg. 44435) that addressed, among other things, the protection of streams affected by surface coal mining and reclamation operations; and

WHEREAS, the rule exceeds OSM’s statutory authority and infringes on the authority and ability of states to implement SMCRA; and

WHEREAS, the rule imposes extensive monitoring and reclamation requirements without sound scientific justification; and

WHEREAS, OSM asks the U.S. Fish and Wildlife Service to take over primary responsibility for permitting mine sites by giving the Service veto authority over every mining project. Permitting mines is the job of OSM and state regulators, not the Fish and Wildlife service; and

WHEREAS, the rule fails to recognize critical differences between Eastern and Western mining conditions; and

WHEREAS, OSM’s own internal analysis of an earlier version of the rule showed a loss of more than 7,000 high-paying jobs in 22 states. An independent analysis showed far worse impacts— with job losses approaching 80,000 people. Its impact will be felt beyond the coalfields, driving up energy costs for families and businesses; and

WHEREAS, during the five year development period of these documents, states with primacy under SMCRA attempted to engage with OSMRE either as cooperating agency states under the National Environmental Policy Act (NEPA) or as state commentators on the rule; and

WHEREAS, nine of ten states that signed an MOU with OSM to assist in the development of accurate information to determine the need or scope of the rule terminated their participation after being subjected to a four-year blackout period of any dialogue or consultation; and

WHEREAS, report language accompanying the Consolidated Appropriations Act of 2016, P.L. 114-113, enacted on Dec. 18, 2015 included language requiring OSM to reengage the primacy states in a meaningful way prior to finalizing any rulemaking; and

WHEREAS, coal mining contributes more than $18.5 billion annually in state and federal tax revenues. The rule would reduce annual tax revenues by 15-35 percent; and

WHEREAS, The United States possesses the largest single energy resource on the globe with over 400 billion tons of demonstrated coal reserves. The proposal could sterilize two-thirds of the recoverable reserve base. More than half the underground reserves could be rendered unrecoverable—a result at direct odds with SMCRA which finds that the regulatory policies should encourage underground mining.

NOW, THEREFORE, BE IT RESOLVED that the state of {state} urges the Department of Interior to withdraw its Stream Protection Rule and fully comply with the Congressional directives to work with the states, regulated industry, and other members of the public to put forth a more appropriate proposal; and

BE IT FURTHER RESOLVED that the state of {state} urges the Attorney General to engage in opposition to the rule; and

BE IT FURTHER RESOLVED that the state of {state} urges Congress to pursue options to overturn the rule.