Does make you wonder but lets face it, that's why we hired him!
A senator is supposed to be a member of the "United States Senate" but when we went to direct election of senators things like this happen
Seriously Senator Byrd, one of only two senators to vote against the "Patriots Act" incidentally, would have been remiss in his duty to West Virginians if he had not attempted (successfully we might note) to lock up most other coal mining in the US.
If he was indeed a United States Senator perhaps he'd have different feelings about it.
A big plus is that if it's locked up we can unlock it whenever we want.
Nothing is quite as ephemeral as a politician's promises, and locked up forever means only until there is sufficient public support for unlocking it. This will come about due to mostly economic factors and for all practical purposes politicians will not have much to do with it. (Whatever they themselves think)
When government becomes intolerable to the governed it will be replaced. The art of politics is bringing events to just before that point.
To wit: Magna Carta, French revolution, Orange revolution, fall of the Berlin Wall, Bolshevik revolution, the War in Indochina. In all these and many more examples when the governors become intolerable they were replaced. Elections merely allow politicians to be replaced with their heads still attached. Perhaps this is not a plus

. Unfortunately there is an awful tendency of persons who would be governors to become intolerable