Date: 1982-12-18
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. I am pleased that the Senate is able to consider the West #Irginia wilderness bill. This legislation designates three areas in West Virginia as Federal wilderness. The areas to be established as wilderness include the Cranberry region and the north and south forks of the Laurel River. The Cranberry wilderness designated by this bill. comprising 35.600 acres. becomes the largest Federal wilderness east of the Mississippi River. Each of the Laurel fork wilderness areas contains 6.100 acres. The wilderness values of these lands are outstanding. The Laurel forks are adjacent to wellknown gasfields and have some potential for containing producible quantities of natural gas. It is the Cranberry area. however. that has by far the greatest mineral resources underlying it. According to the Bureau of Mines and the U.S. Geological Survey. there are at least 18.5 million minable tons or premiumgrade coking coal under the areaa lowvolatility. lowash. lowsulfur fuel that is one of the finest coals in the world. The coal is found in seams averaging more than 70 centimeters In thickness. It is recoverable by underground mining methods. Even underground mining would involve disturbances in the fragile surface of the Cranberry area. The two West Virginia counties in which the Cranberry area is located are in poor economic condition. The unemployment rate in Webster County. W. Va.-which contains the main access to the coal under the areawas an astronomical 24.2 percent in October of this year. While the unemployment rate in Pocahontas County. W. Va.. was 8.2 percent in October 1982. the county contains almost no significant industrial facilities and has a relatively small labor force. The increase in economic activity that would accompany development of the Cranberrys mineral resources is badly needed in both counties. Yet that development is not possible under the wilderness designation. In addition to the creation of Jobs. mineral development would increase the counties tax base by a substantial amount. An active mining operation would pay taxes to the counties. While the Federal Government owns the surface of the Cranberry area. the subsurface mineral rights are primarily held by private owners. These owners pay property taxes to the Pocahontas and Webster Counties governments on an annual basis. Designation of the Cranberry area as wilderness would have the effect of making the coal reserves extremely difficult. if not impossible. to mine The revenues currently going to the counties in the form of property taxes would soon cease. For that reason. a consensus has formed in favor of just compensation for the people in the region immediately affected by the Cranberry wilderness. I have stated that such compensation is one part of a fair solution to this complicated situation. I will shortly introduce an amendment on behalf of myself and my able colleague. Mr. RADOLPH to the bill that authorizes the Secretary of Agriculture to make a payment to Pocahontas and Webster counties of up to $2.2 million. This payment would be in compensation for property tax revenues lost. and other taxes or payments foregone by the counties as a result of the wilderness designation and the acquisition of nonfederally owned mineral deposits within the Cranberry area. The compensation formula is based on an assessment of the economically minable coal reserves. at a rate of 10 cents per ton. a conservative estimate of onehalf of the average lease rate for oil and gas propertlesin the area. at $3 peracre: and a calculation of property trxes foregone. Property taxes in West Virginia are expected to increase in the next few years as a result of a new. statewide property assessment. The West Virginia Legislature may also be involved with property tax assessments. Under the terms of one question on the general election ballot last November. the taxes on the privately owned mineral reserves under part of the Cranberry could increase from $27.000 per year to more than $162.000 per year. Given this large potential increase in assessments. I believe that just compensation could best be accomplished this year by the Congress. I want to recognize the efforts of two West Virginians in particular for their contributions to this legislation. Mr. Larry George. wilderness chairman of the West Virginia Highlands Conservancy. and Mr. Walter Helmick. president of the Pocahontas County Commission. have provided valuable counsel in connection with this matter. I extend my thanks to Senator BAKER for his assistance and cooperation on this bill. I thank the distinguished chairman and ranking member -of the Energy and Natural Resources Committee. Senators McCLURE and JAcKsON. for their help. I commend the chairman of the Subcommittee on Public Lands and Reserved Water. Senator WALLOP. for his efforts on this legislation. I especially thank Senator FORD for his assistance in the conunittee. I urge the adoption of my amendment and passage of the bill. Mr. President. may I say that this matter has been thoroughly discussed on both sides of the aisle. It is cleared and has been the subject of discussion for several days. The distinguished Senator from Idaho may proceed. I yield back the remainder of my time.