Senate Confirms Whalquist
Aug 9th 2007ScottPolitics & Senate Confirmations & Wyoming
In a recent town hall meeting, Sen. Barrasso explained his opposition in committee to the nomination to Brent Whalquist as director of the Office of Surface Mining. His was the lone no vote on the issue that there was no assurance that Wyoming was going to get it’s money. The law says that states are to be reimbursed for Abandoned Mine Lands with no strings attached, but the OSM is considering using a grant program which would mean that states would have to apply to get the money and then they would have to report on how the money was used. A very unnecessary and complicated process.
So, perhaps you’re wondering about reports like this one that state Sen. Barrasso didn’t oppose the nomination on the full Senate vote:
The Senate unanimously confirmed Brent Wahlquist to be director of the Office of Surface Mining after Sen. John Barrasso, R-Wyo., decided not to hold up the nomination over Abandoned Mine Lands funding.
Separately, Sen. Mike Enzi, R-Wyo., said he stands ready to push through additional legislation if the federal government doesn’t distribute Wyoming’s AML funding as directed by Congress.
Congress last year ordered that states receive long-owed payments from the AML fund, including $550 million for Wyoming and $55 million for Montana. Instead, federal agencies are considering doling out the money through grants. That would mean states would have to apply for and OSM approve projects and funding.
Barrasso opposed Wahlquist’s nomination in committee. Barrasso had asked him for assurance that the money would come but said his responses “did little to alleviate” the concerns. Barrasso said the administration is considering AML rules “‘contrary to the intent of Congress and quite frankly contrary to the law.”
OK, for the knee-jerk reaction, I’m not thrilled about this confirmation. But, let’s dig a little deeper into the article:
Barrasso shared his concerns with the nominee, Interior Secretary Dirk Kempthorne and White House officials, said his spokesman, Cameron Hardy. OSM will publish interim rules in September on how to distribute the money. The rules will reflect the legal opinion of the solicitor who is currently reviewing the law, Hardy said.
“While (Barrasso) can’t tell the solicitor what his legal opinion of the law should be, he can and did repeatedly point out that wherever possible in the rules, OSM should err on the side of Wyoming, the other states and Indian tribes,” Hardy said. “The officials acknowledged that point and all agreed to do what they can to ensure that the law is implemented as Congress intended.”
If the Senate had not confirmed Wahlquist, President Bush could have named him director in a recess appointment while Congress is out for most of August. Barrasso thought Bush “would likely have exercised that right,” Hardy said.
“Sen. Barrasso felt it was important to have a person in place to sign off on the rules when they are released in September,” Hardy said. “When the rules come out, Mr. Wahlquist will have his name attached to them and will be held accountable.”
In an interview last week, Enzi said the federal government will “absolutely” have to make the payments to Wyoming.
“What the whole point of those who are trying to make it a grant program is, let’s keep the money in the federal coffers as long as we can so that we can gain the interest from it,” Enzi said. “They don’t deserve the interest from it.”
This is making a little more sense now. Don’t follow the rules we (the Senate) trusted you to follow, you get to come and explain. It’s not just the President’s choice.
Enzi noted that under a grant system, the federal government would be required to do audits to see whether the money was spent as it was supposed to be. But under the measure Congress passed, the states have the control over how to spend the money.
“A grant system is such a huge bureaucracy including all kinds of audits on things they have no legal authority to audit under the bill,” Enzi said. He added that the bureaucracy “would cost more than the interest they’d get from holding on to the money.”
Enzi said the bill explicitly lays out the rate of payments and that the states should get the money with no strings attached. “I don’t know if it’ll take another piece of legislation to counteract whatever they do, but I’m ready to do that if they decide to hang on to the money and put it into some kind of a quote, ‘grant program,“‘ Enzi said.
“They think they’ve given us a huge gift,” Enzi added. “It is not a gift. It was ours to begin with. They held on to it, they stole it, they held on to it, and now we’re getting our own money back.”
Rep. Barbara Cubin, R-Wyo., who helped push the AML measure through Congress late last year, also has vowed that Wyoming will receive its money.
I love it. A delegation that is completely unified! If you’re still wondering what the fuss is about, keep reading:
The AML program, established 30 years ago, imposed a fee on coal production, with 50 percent of the fee to be returned to states for use in reclaiming abandoned mines and related environmental concerns. But much of the state share was never returned to the states.
After years of negotiations, Congress finally approved a compromise last fall that directed the federal government to make the payments. OSM was to pay the balance to certified states in seven equal payments beginning in fiscal year 2008. State legislatures were to determine how the funds would be used, with priority given to addressing the impacts of mineral development.
Wyoming was to receive an initial $550 million and a total of $1.6 billion over the next 15 years.
Now, aren’t you glad that Wyoming’s elected D.C. officials are going to bat for your state to get millions, maybe even billions back?
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