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OSM Seal Coalex Report 201
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This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov. 
                   


COALEX STATE INQUIRY REPORT - 201
December, 1991
          
          Karen Rippy, Esquire
Department of Law
5th Floor
Capital Plaza Tower
Frankfort, Kentucky 40611

TOPIC: LEGISLATIVE HISTORY OF PHRASE "OWNED OR CONTROLLED"   [SMCRA 510(C)]

INQUIRY: In complying with its agreement, a coal mining company will list all permits it is
associated with and correct any outstanding violations. SMCRA sec. 510(c) states that the
company must list violations "during the three year period prior to the date [of the company's
permit] application." What legislative history is available which discusses the time-frame aspect of
providing violation and "ownership and control" information on the permit application? This
information is needed as soon as possible.  

SEARCH RESULTS: Research was conducted using the legislative history material available in the
COALEX Library. 

   No explanation was identified for the House-Senate Conference Committee's establishing three
years as the period for listing prior violations. The summary of House and Senate requirements of
what in the final version became Section 510(c) [numbered 410(c) in Senate versions] appears
below. A table of requirements from prior versions of House and Senate bills and two excerpts
from House Reports are attached. Copies of excerpts from the bills, House and Senate Reports
and a portion of a recent brief discussing 510(c) are included for background.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SUMMARY OF THE LEGISLATIVE HISTORY OF 510(c) [410(c)]

   House versions prior to April, 1977 require listing violations for a one-year period prior to the
date of application. The April 1, 1977 Bill changed the requirement to a five-year period. No
explanation for the change was identified.

   All Senate versions require listing violations for a one-year period.  

   The Conference Committee for the final bill settled on a three-year period. There was no
explanation in the Report for the change to the three-year period.


LEGISLATIVE HISTORY: BILLS

HOUSE
HR 11500; 93rd Cong., 2nd Sess.    
5/30/74   1 yr.

HR 25; 94th Cong., 1st Sess.  
1/14/75   1 yr.
3/06/75   1 yr.
3/20/75   1 yr.
5/02/75   1 yr.

HR 9725; 94th Cong., 1st Sess.
5/02/75   1 yr.
09/19/75  1 yr.

HR 9725; 94th Cong., 2nd Sess.
03/12/76  1 yr.

HR 13950; 94th Cong., 2nd Sess.
05/21/76  1 yr.
08/31/76  1 yr.

HR 2; 95th Cong., 1st Sess.
01/04/77  1 yr.
04/01/77  5 yr.
04/22/77  5 yr.
05/05/77  5 yr.


SENATE
S 425;    93rd Cong., 2nd Sess.
12/05/74  1 yr.

S 7; 94th Cong., 1st Sess.
01/15/75  1 yr.
03/05/75  1 yr.

S 7; 95th Cong., 1st Sess.
01/10/77  1 yr.
05/10/77  1 yr.


CONFERENCE COMMITTEE
HR 2; 95th Cong., 1st Sess.
7/12/77   3 yr.



EXCERPTS FROM HOUSE REPORTS

HOUSE
House Committee on Interior and Insular Affairs. H.R. Rep. 95-218, 95th Cong., 1st Sess. 6 (April
22, 1977; H.R. 2). Major modifications. Section 510(c)  Application requirement.
"Under the committee amendment, the applicant is to supply information regarding previous
violations of environmental laws for a period of 5 years prior to the date of application. (As
opposed to the original text of H.R. 2 which required this information for only 1 year.)"


CONFERENCE COMMITTEE
Conference Committee. Bill, H.R. 2, 95th Cong., 1st Sess. 42 (July 12, 1977; H.R. Rep. 95-493). 
Section 510(c)  Permit approval or denial.
"...in connection with any surface coal mining operation during the three-year period prior to the
date of application."


ATTACHMENTS
A.   Excerpts from House and Senate bills re: 510(c) [410(c)]
B.   HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 93-1072, 93rd
     Cong., 2nd Sess. (May 30, 1974; H.R. 11500). Excerpts from Additional Views.
C.   SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. S Rep. 28, 94th Cong., 1st
     Sess. 210 (March 5, 1975; S. 7). Excerpts from Section-by-Section Analysis.
D.   HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 94-45, 94th Cong.,
     1st Sess. 151 (March 6, 1975; H.R. 25). Excerpts from Supplemental Views.
E.   HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 94-1445, 94th
     Cong., 2nd Sess. 115 (August 31, 1976; H.R. 13950). Excerpts from Section-by-Section
     Analysis.
F.   HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 95-218, 95th
     Cong., 1st Sess. 66 (April 22, 1977; H.R. 2). Excerpts from Major Modifications.
G.   HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 95-218, 95th
     Cong., 1st Sess. 172 (April 22, 1977; H.R. 2). Excerpts from Section-by-Section Analysis.
H.   SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES. S. Rep. 45-128, 95th
     Cong., 1st Sess. 79 (May 10, 1977; S. 7). Excerpts from Section-by-Section Analysis.
I.   CONFERENCE COMMITTEE. H.R. Rep. 95-493, 95th Cong., 1st Sess. 103 (July 12, 1977;
     H.R. 2). Excerpts from Overview of Conference Decisions.
J.   Excerpts from Indiana Brief.


Research conducted by: Joyce Zweben Scall

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