H.R. 2, July 12, 1977
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Legislative History H.R. 2, July 12, 1977 |
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TITLE I - STATEMENT OF FINDINGS AND POLICY
SEC. 101. FINDINGS
3 The Congress finds and declares that -
3 (a) extraction of coal and other minerals from the earth can be
accomplished by various methods of mining, including surface mining;
3 (b) coal mining operations presently contribute significantly to the
Nation's energy requirements; surface coal mining constitutes one method of
extraction of the resource; the overwhelming percentage of the Nation's coal
reserves can only be extracted by underground mining methods, and it is,
therefore, essential to the national interest to insure the existence of an
expanding and economically healthy underground coal mining industry;
3 (c) many surface mining operations result in disturbances of surface areas
that burden and adversely affect commerce and the public welfare by destroying
or diminishing the utility of land for commercial, industrial, residential,
recreational, agricultural, and forestry purposes, by causing erosion and
landslides, by contributing to floods, by polluting the water, by destroying
fish and wildlife habitats, by impairing natural beauty, by damaging the
property of citizens, by creating hazards dangerous to life and property by
degrading the quality of life in local communities, and by counteracting
governmental programs and efforts to conserve soil, water, and other natural
resources;
4 (d) the expansion of coal mining to meet the Nation's energy needs makes
even more urgent the establishment of appropriate standards to minimize damage
to the environment and to productivity of the soil and to protect the health and
safety of the public.
4 (e) surface mining and reclamation technology are now developed so that
effective and reasonable regulation of surface coal mining operations by the
States and by the Federal Government in accordance with the requirements of this
Act is an appropriate and necessary means to minimize so far as practicable the
adverse social, economic, and environmental effects of such mining operations;
4 (f) because of the diversity in terrain, claimate, biologic, chemical, and
other physical conditions in areas subject to mining operations, the primary
governmental responsibility for developing, authorizing, issuing, and enforcing
regulations for surface mining and reclamation operations subject to this Act
should rest with the States;
4 (g) surface mining and reclamation standards are essential in order to
insure that competition in interstate commerce among sellers of coal produced in
different States will not be used to undermine the ability of the several States
to improve and maintain adequate standards on coal mining operations within
their borders;
4 (h) there are a substantial number of acres of land throughout major
regions of the United States disturbed by surface and underground coal on which
little or no reclamation was conducted, and the impacts from these unreclaimed
lands impose social and economic costs on residents in nearby and adjoining
areas as well as continuing to impair environmental quality;
4 (i) while there is a need to regulate surface mining operations for
minerals other than coal, more data and analyses are needed to serve as a basis
for effective and reasonable regulation of such operations;
4 (j) surface and underground coal mining operations affect interstate
commerce, contribute to the economic well-being, security, and general welfare
of the Nation and should be conducted in an environmentally sound manner; and
4 (k) the cooperative effort established by this Act is necessary to prevent
or mitigate adverse environmental effects of present and future surface coal
mining operations.
SEC. 102. PURPOSES
4 It is the purpose of this Act to -
4 (a) establish a nationwide program to protect society and the environment
from the adverse effects of surface coal mining operations;
5 (b) assure that the rights of surface landowners and other persons with a
legal interest in the land or appurtenances thereto are fully protected from
such operations;
5 (c) assure that surface mining operations are not conducted where
reclamation as required by this Act is not feasible;
5 (d) assure that surface coal mining operations are so conducted as to
protect the environment;
5 (e) assure that adequate procedures are undertaken to reclaim surface
areas as contemporaneously as possible with the surface coal mining operations;
5 (f) assure that the coal supply essential to the Nation's energy
requirements, and to its economic and social well-being is provided and strike a
balance between protection of the environment and agricultural productivity and
the Nation's need for coal as an essential source of energy;
5 (g) assist the States in developing and implementing a program to achieve
the purposes of this Act;
5 (h) promote the reclamation of mined areas left without adequate
reclamation prior to the enactment of this Act and which continue, in their
unreclaimed condition, to substantially degrade the quality of the environment,
prevent or damage the beneficial use of land or water resources, or endanger the
health or safety of the public;
5 (i) assure that appropriate procedures are provided for the public
participation in the development, revision, and enforcement of regulations,
standards, reclamation plans, or programs established by the Secretary or any
State under this Act;
5 (j) provide a means for development of the data and analyses necessary to
establish effective and reasonable regulation of surface mining operations for
other minerals;
5 (k) encourage the full utilization of coal resources through the
development and application of underground extraction technologies;
5 (l) stimulate, sponsor, provide for and/or supplement present programs for
the conduct of research investigations, experiments, and demonstrations, in the
exploration, extraction, processing, development, and production of minerals and
the training of mineral engineers and scientists in the field of mining,
minerals resources, and technology, and the establishment of an appropriate
research and training center in various States; and
5 (m) wherever necessary, exercise the full reach of Federal constitutional
powers to insure the protection of the public interest through effective control
of surface coal mining operations.
TITLE II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
SEC. 201. CREATION OF THE OFFICE
5 There is established in the Department of the Interior, the Office of
Surface Mining Reclamation and Enforcement (hereinafter referred to as the
"Office").
5 (b) The Office shall have a Director who shall be appointed by the
President, by and with the advice and consent of the Senate, and shall be
compensated at the rate provided for level IV of the Executive Schedule under
section 5315 of the United States Code, and such other employees as may be
required. Pursuant to section 5108, title 5, and after consultation with the
Secretary, a majority of members of the Civil Service Commission shall determine
the necessary number of positions in general schedule employees in grade 16, 17,
and 18 to perform functions of this title and shall allocate such positions to
the Secretary. The Director shall have the responsibilities provided under
subsection (c) of this section and those duties and responsibilities relating to
the functions of the Office which the Secretary may assign, consistent with this
Act. Employees of the Office shall be recruited on the basis of their
professional competence and capacity to administer the provisions of this Act.
The Office may use, on a reimbursable basis when appropriate, employees of the
Department and other Federal agencies to administer the provisions of this Act,
providing that no legal authority, program, or function in any Federal agency
which has as its purpose promoting the development or use of coal or other
mineral resources or regulating the health and safety of miners under provisions
of the Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742), shall
be transferred to the Office.
6 (c) The Secretary, acting through the Office, shall -
6 (1) administer the programs for controlling surface coal mining operations
which are required by this Act; review and approve or disapprove State programs
for controlling surface coal mining operations and reclaiming abandoned mined
lands; make those investigations and inspections necessary to insure compliance
with this Act; conduct hearings, administer oaths, issue subpenas, and compel
the attendance of witnesses and production of written or printed material as
provided for in this Act; issue cease-and-desist orders; review and vacate or
modify or approve orders and decisions; and order the suspension, revocation, or
withholding of any permit for failure to comply with any of the provisions of
this Act or any rules and regulations adopted pursuant thereto;
6 (2) publish and promulgate such rules and regulations as may be necessary
to carry out the purposes and provisions of this Act;
6 (3) administer the State grant-in-aid program for the development of State
programs for surface and mining and reclamation operations provided for in title
V of this Act;
6 (4) administer the program for the purchase and reclamation of abandoned
and unreclaimed mined areas pursuant to title IV of this Act;
6 (5) administer the surface mining and reclamation research and
demonstration project authority provided for in this Act;
6 (6) consult with other agencies of the Federal Government having expertise
in the control and reclamation of surface mining operations and assist States,
local governments, and other eligible agencies in the coordination of such
programs;
6 (7) maintain a continuing study of surface mining and reclamation
operations in the United States;
6 (8) develop and maintain an Information and Data Center on Surface Coal
Mining, Reclamation, and Surface Impacts of Underground Mining, which will make
such data available to the public and the Federal, regional, State, and local
agencies conducting or concerned with land use planning and agencies concerned
with surface and underground mining and reclamation operations;
7 (9) assist the States in the development of State programs for surface
coal mining and reclamation operations which meet the requirements of the Act,
and at the same time, reflect local requirements and local environmental and
agricultural conditions;
7 (10) assist the States in developing objective scientific criteria and
appropriate procedures and institutions for determining those areas of a State
to be designated unsuitable for all or certain types of surface coal mining
pursuant to section 522;
7 (11) monitor all Federal and State research programs dealing with coal
extraction and use and recommend to Congress the research and demonstration
projects and necessary changes in public policy which are designated to (A)
improve feasibility of underground coal mining, and (B) improve surface mining
and reclamation techniques directed at eliminating adverse environmental and
social impacts;
7 (12) cooperate with other Federal agencies and State regulatory
authorities to minimize duplication of inspections, enforcement, and
administration of this Act; and
7 (13) perform such other duties as may be provided by law and relate to the
purposes of this Act.
7 (d) The Director shall not use either permanently or temporarily any
person charged with responsibility of inspecting coal mines under the Federal
Coal Mine Health and Safety Act of 1969, unless he finds and publishes such
finding in the Federal Register, that such activities would not interfere with
such inspections under the 1969 Act.
7 (e) The Office shall be considered an independent Federal regulatory
agency for the purposes of sections 3502 and 3512 of title 44 of the United
States Code.
7 (f) No employee of the Office or any other Federal employee performing any
function or duty under this Act shall have a direct or indirect financial
interest in underground or surface coal mining operations. Whoever knowingly
violates the provisions of the above sentence shall, upon conviction, be
punished by a fine of not more than $2 ,500, or by imprisonment for not more
than one year, or both. The Director shall (1) within sixty days after
enactment of this Act publish regulations, in accordance with section 553 of
title 5, United States Code, to establish the methods by which the provisions of
this subsection will be monitored and enforced, including appropriate provisions
for the filing by such employees and the review of statements and supplements
thereto concerning their financial interests which may be affected by this
subsection, and (2) report to the Congress as part of the annual report (section
706) on the actions taken and not taken during the preceding calendar year under
this subsection.
7 (g) (1) After the Secretary has adopted the regulations required by
section 501 of this Act, any person may petition the Director to initiate a
proceeding for the issuance, amendment, or repeal of a rule under this Act.
7 (2) Such petitions shall be filed in the principal office of the Director
and shall set forth the facts which it is claimed establish that it is necessary
to issue, amend, or repeal a rule under this Act.
8 (3) The Director may hold a public hearing or may conduct such
investigation or proceeding as the Director deems appropriate in order to
determine whether or not such petition should be granted.
8 (4) Within ninety days after filing of a petition described in paragraph
(1), the Director shall either grant or deny the petition. If the Director
grants such petition, the Director shall promptly commence an appropriate
proceeding in accordance with the provisions of this Act. If the Director
denies such petition, the Director shall so notify the petitioner in writing
setting forth the reasons for such denial.
TITLE III - STATE MINING AND MINERAL RESOURCES AND RESEARCH INSTITUTES
SEC. 301. AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES
8 (a) There are authorized to be appropriated to the Secretary of the
Interior sums adequate to provide for each participating State $200,000 for
fiscal year 1978, $3 00,000 for fiscal year 1979, and $4 00,000 for each fiscal
year thereafter for five years, to assist the States in carrying on the work of
a competent and qualified mining and mineral resources research institute, or
center (hereinafter refered to as "institute") at one public college or
university in the State which has in existence at the time of enactment of this
title a school of mines, or division, or department conducting a program of
substantial instruction and research in mining or minerals extraction or which
establishes such a school of mines, or division, or department subsequent to the
enactment of this title and which school of mines, or division or department
shall have been in existence for at least two years. The Advisory Committee on
Mining and Minerals Resources Research as created by this title shall determine
a college or university to have an eligible school of mines, or division or
department conducting a program of substantial instruction and research in
mining or minerals extraction wherein education and research in the minerals
engineering fields are being carried out and wherein at least four full-time
permanent faculty members are employed: Provided, That -
8 (1) such moneys when appropriated shall be made available to match, on a
dollar-for-dollar basis, non-Federal funds which shall be at least equal to the
Federal share to support the institute;
8 (2) if there is more than one such eligible college or university in a
State, funds under this title shall, in the absence of a designation to the
contrary by act of the legislature of the State, be paid to one such college or
university designated by the Governor of the State; and
8 (3) where a State does not have a public college or university with an
eligible school of mines, or division, or department conducting a program of
substantial instruction and research in mining or mineral extraction, said
advisory committee may allocate the State's allotment to one private college or
university which it determines to have an eligible school of mines, or division,
or department as provided herein.
8 (b) It shall be the duty of each such institute to plan and conduct and/or
arrange for a component or components of the college or university with which it
is affiliated to conduct competent research, investigations, demonstrations, and
experiments of either a basic or practical nature, or both, in relation to
mining and mineral resources and to provide for the training of mineral
engineers and scientists through such research, investigations, demonstrations,
and experiments. Such research, investigations, demonstrations, experiments,
and training may include, without being limited: exploration; extraction;
processing; and development; production of mineral resources; mining and mineral
technology; supply and demand for minerals; conservation and best use of
available supplies of minerals; the economic, legal, social, engineering,
recreational, biological, geographic, ecological, and other aspects of mining,
mineral resources, and mineral reclamation, having due regard to the
interrelation on the natural environment, the varying conditions and needs of
the respective States, and to mining and mineral resources research projects
being conducted by agencies of the Federal and State governments, and other
institutes.
SEC. 302. RESEARCH FUNDS TO INSTITUTES
9 (a) There is authorized to be appropriated annually for seven years to
the Secretary of the Interior the sum of $15,000,000 in fiscal year 1978, said
sum increased by $2 ,000,000 each fiscal year thereafter for six years, which
shall remain available until expended. Such moneys when approprited shall be
made available to institutes to meet the necessary expenses for purposes of:
9 (1) specific mineral research and demonstration projects of industrywide
application, which could not otherwise be undertaken, including the expenses of
planning and coordinating regional mining and mineral resources research
projects by two or more institutes, and
9 (2) research into any aspects of mining and mineral resources problems
related to the mission of the Department of the Interior, which may be deemed
desirable and are not otherwise being studies.
9 (b) Each application for a grant pursuant to subsection (a) of this
section shall, among other things, state the nature of the project to be
undertaken, the period during which it will be pursued, the qualifications of
the personnel who will direct and conduct it, the estimated costs, the
importance of the project to the Nation, region, or State concerned, and its
relation to other known research projects theretofore pursued or being pursued,
and the extent to which it will provide opportunity for the training of mining
and mineral engineers and scientists, and the extent of participation by
nongovernmental sources in the project.
9 (c) The Secretary shall, insofar as it is practicable, utilize the
facilities of institutes designated in section 301 of this title to perform such
special researc, authorized by this section, and shall select the institutes for
the performance of such special research on the basis of the qualifications
without regard to race or sex of the personnel who will conduct and direct it,
and on the basis of the facilities available in relation to the particular needs
of the research project, special geographic, geologic, or climatic conditions
within the immediate vicinity of the institute in relation to any special
requirements of the research project, and the extent to which it will provide
opportunity for training individuals as mineral engineers and scientists. The
Secretary may designate and utilize such portions of the funds authorized to be
appropriated by this section as he deems appropriate for the purpose of
providing scholarships, graduate fellowships, and postdoctoral fellowships.
10 (d) No grant shall be made under subsection (a) of this section except
for a project approved by the Secretary of the Interior and all grnats shall be
made upon the basis of merit of the project, the need for the knowledge which it
is expected to produce when completed, and the opportunity it provides for the
training of individuals as mineral engineers and scientists.
10 (e) No portion of any grant under this section shall be applied to the
acquisition by purchase or lease of any land or interests therein or the rental,
purchase, construction, preservation, or repair of any building.
SEC. 303. FUNDING CRITERIA
10 (a) Sums available to institutes under the terms of sections 301 and
302 of this title shall be paid at such times and in such amounts during each
fiscal year as determined by the Secretary, and upon vouchers approved by him.
Each institute shall set forth its plan to provide for the training of
individuals as mineral engineers and scientists under a curriculum appropriate
to the field of mineral resources and mineral engineering and related fields;
set forth policies and procedures which assure that Federal funds made available
under this title for any fiscal year will supplement and, to the extent
practicable, increase the level of funds that would, in the absence of suce
Federal funds, be made available for purposes of this title, and in no case
supplant such funds; have an officer appointed by its governing authority who
shall receive and account for all funds paid under the provisions of this title
and shall make an annual report to the Secretary on or before the first day of
September of each year, on work accomplished and the status of projects
underway, together with a detailed statement of the amounts received under any
provisions of this title during the preceding fiscal year, and of its
disbursements on schedules prescribed by the Secretary. If any of the moneys
received by the authorized receiving officer of any institute under the
provisions of this title shall be any action or contingency be found by the
Secretary to have been improperly diminished, lost, or misapplied, it shall be
replaced by the State concerned and until so replaced no subsequent
appropriation shall be allotted or paid to any institute of such State.
10 (b) Moneys appropriated pursuant to this title shall be available for
expenses for research, investigations, experiments, and training conducted under
authority of this title. The institutes are hereby authorized and encouraged to
plan and conduct programs under this title in cooperation with each other and
with such other agencies and individuals as may contribute to the solution of
the mining and mineral resources problems involved, and moneys appropriated
pursuant to this title shall be available for paying the necessary expenses of
planning, coordinating, and conducting such cooperative research.
SEC. 304. DUTIES OF THE SECRETARY
11 (a) The Secretary of the Interior is hereby charged with the
responsibility for the proper administration of this title and, after full
consultation with other interested Federal agencies, shall prescribe such rules
and regulations as may be necessary to carry out its provisions. The Secretary
shall furnish such advice and assistance as will best promote the purposes of
this title, participate in coordinating research initiated under this title by
the institutes, indicate to them such lines of inquiry as to him seem most
important, and encourage and assist in the establishment and maintenance of
cooperation by and between the institutes and between them and other research
organizations, the United States Department of the Interior, and other Federal
establishments.
11 (b) On or before the 1st day of July in each year after the passage of
this title, the Secretary shall ascertain whether the requirements of section
303(a) have been met as to each institute and State.
11 (c) The Secretary shall make an annual report to the Congress of the
receipts, expenditures, and work of the institutes in all States under the
provisions of this title. The Secretary's report shall indicate whether any
portion of an appropriation available for allotment to any State has been
withheld and, if so, the reason therefore.
SEC. 305. AUTONOMY
11 Nothing in this title shall be construed to impair or modify the legal
relationship existing between any of the colleges or universities under whose
direction an institute is established and the government of the State in which
it is located, and nothing in this title shall in any way be construed to
authorize Federal control or direction of education at any college or
university.
SEC. 306. MISCELLANEOUS PROVISIONS
11 (a) The Secretary of the Interior shall obtain the continuing advice
and cooperation of all agencies of the Federal Government concerned with mining
and mineral resources, of State and local governments, and of private
institutions and individuals to assure that the programs authorized in this
title will supplement and not duplicate established mining and minerals research
programs, to stimulate research in otherwise neglected areas, and to contribute
to a comprehensive nationwide program of mining and minerals research, having
due regard for the protection and conservation of the environment. The
Secretary shall make generally available information and reports on projects
completed, in progress, or planned under the provisions of this title, in
addition to any direct publication of information by the institutes themselves.
11 (b) Nothing in this title is intended to give or shall be construed as
giving the Secretary of the Interior any authority over mining and mineral
resources research conducted by any agency of the Federal Government, or as
repealing, superseding, or diminishing existing authorities or responsibilities
of any agency of the Federal Government to plan and conduct, contract for, or
assist in research in its area of responsibility and concern with mining and
mineral resources.
12 (c) Contracts or other arrangements for mining and mineral resources
research work authorized under this title with an institute, educational
institution, or nonprofit organization may be undertaken without regard to the
provisions of section 3684 of the Revised Statutes (31 U.S.C. 529) when, in the
judgment of the Secretary of the Interior, advance payments of initial expense
are necessary to facilitate such work: Provided, That authority to make payments
under this subsection shall be effective only to such extent or in such amounts
as are provided in advance by appropriation Acts.
12 (d) No research, demonstration, or experiment shall be carried out under
this Act by an institute financed by grants under this Act, unless all uses,
products, processes, patents, and other developments resulting therefrom, with
such exception or limitation, if any, as the Secretary may find necessary in the
public interest, be available promptly to the general public. Nothing contained
in this section shall deprive the owner of any background patent relating to any
such activities of any rights which that owner may have under that patent.
There are authorized to be appropriated such sums as are necessary for the
printing and publishing of the results of activities carried out by institutes
under the provisions of this Act and for administrative planning and direction,
but such appropriations shall not exceed $1 ,000,000 in any fiscal year:
Provided, That no new budget authority is authorized to be appropriated for
fiscal year 1977.
SEC. 307. CENTER FOR CATALOGING
12 The Secretary shall establish a center for cataloging current and
projected scientific research in all fields of mining and mineral resources.
Each Federal agency doing mining and mineral resources research shall cooperate
by providing the cataloging center with information on work underway or
scheduled by it. The cataloging center shall classify and maintain for public
use a catalog of mining and mineral resources research and investigation
projects in progress or scheduled by all Federal agencies and by such
non-Federal agencies of government, colleges, universities, private
institutions, firms, and individuals as may make such information available.
SEC. 308. INTERAGENCY COOPERATION
12 The President shall, by such means as he deems appropriate, clarify
agency responsibility for Federal mining and mineral resources research and
provide for interagency coordination of such research, including the research
authorized by this title. Such coordination shall include -
12 (a) continuing review of the adequacy of the Government-wide program in
mining and mineral resources research;
12 (b) identification and elimination of duplication and overlap between two
or more agency programs;
12 (c) identification of technical needs in various mining and mineral
resources research categories;
12 (d) recommendations with respect to allocation of technical effort among
Federal agencies;
13 (e) review of technical manpower needs and findings concerning management
policies to improve the quality of the Government-wide research effort; and
13 (f) actions to facilitate interagency communication at management levels.
SEC. 309. ADVISORY COMMITTEE
13 (a) The Secretary of the Interior shall appoint an Advisory Committee
on Mining and Mineral Research composed or -
13 (1) the Director, Bureau of Mines, or his delegate, with his consent;
13 (2) the Director of the National Science Foundation, or his delegate,
with his consent;
13 (3) the President, National Academy of Sciences, or his delegate, with
his consent;
13 (4) the President, National Academy of Engineering, or his delegate, with
his consent;
13 (5) the Director, United States Geological Survey, or his delegate, with
his consent; and
13 (6) not more than four other persons who are knowledgeable in the fields
of mining and mineral resources research, at least one of whom shall be a
representative of working coal miners.
13 (b) The Secretary shall designate the Chairman of the Advisory Committee.
The Advisory Committee shall consult with, and make recommendations to, the
Secretary of the Interior on all matters involving or relating to mining and
mineral resources research and such determinations as provided in this title.
The Secretary of the Interior shall consult with, and consider recommendations
of, such Committee in the conduct of mining and mineral resources research and
the making of any grant under this title.
13 (c) Advisory Committee members, other than officers or employees of
Federal, State, or local governments, shall be, for each day (including
traveltime) during which they are performing committee business, entitled to
receive compensation at a rate fixed by the Secretary, but not in excess of the
maximum rate of pay for grade GS-18 as provided in the General Schedule under
section 5332 of title 5 of the United States Code, and shall, notwithstanding
the limitations of sections 5703 and 5704 of title 5, United States Code, be
fully reimbursed for travel, subsistence, and related expenses.
TITLE IV - ABANDONED MINE RECLAMATION
SEC. 401. ABANDONED MINE RECLAMATION FUND AND PURPOSES
13 (a) There is created on the books of the Treasury of the United States
a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter
referred to as the "fund") which shall be administered by the Secretary of the
Interior. State abandoned mine reclamation funds (State funds) generated by
grants from this title shall be established by each State pursuant to an
approved State program.
13 (b) The fund shall consist of amounts deposited in the fund, from time to
time derived from -
14 (1) the reclamation fees levied under section 402 of this Act: Provided,
That an amount not to exceed 10 per centum of such reclamation fees collected
for any calendar quarter shall be reserved beginning in the first calendar year
in which the fee is imposed and continuing for the remainder of that fiscal year
and for the period in which such fee is imposed by law, for the purpose of
section 507(c), subject to appropriation pursuant to authorization under section
712: Provided further, That not more than $10,000,000 shall be available for
such purposes;
14 (2) any user charge imposed on or for land reclaimed pursuant to this
title, after expenditures for maintenance have been deducted;
14 (3) donations by persons, corporations, associations, and foundations for
the purposes of this title; and
14 (4) recovered moneys as provided for in this title.
14 (c) Moneys in the fund may be used for the following purposes:
14 (1) reclamation and restoration of land and water resources adversely
affected by past coal mining, including but not limited to reclamation and
restoration of abandoned surface mine areas, abandoned coal processing areas,
and abandoned coal refuse disposal areas; sealing and filling abandoned deep
mine entries and voids; planting of land adversely affected by past coal mining
to prevent erosion and sedimentation; prevention, abatement, treatment, and
control of water pollution created by coal mine drainage including restoration
of stream beds, and construction and operation of water treatment plants;
prevention, abatement, and control of burning coal refuse disposal areas and
burning coal in situ; and prevention, abatement, and control of coal mine
subsidence;
14 (2) for use under section 406, by the Secretary of Agriculture, of up to
one-fifth of the money deposited in the funds annually and transferred by the
Secretary of the Interior to the Secretary of Agriculture for such purposes;
14 (3) acquisition and filling of voids and sealing of tunnels, shafts, and
entryways under section 409;
14 (4) acquisition of land as provided for in this title;
14 (5) enforcement and collection of the reclamation fee provided for in
section 402 of this title;
14 (6) studies by the Department of the Interior by contract to such extent
or in such amounts as are provided in appropriation Acts with public and private
organizations to provide information, advice, and technical assistance,
including research and demonstration projects, conducted for the purposes of
this title;
14 (7) restoration, reclamation, abatement, control, or prevention of
adverse effects of coal mining which constitutes an emergency as provided for
in this title;
14 (8) grants to the States to accomplish the purposes of this title;
14 (9) administrative expenses of the United States and each State to
accomplish the purposes of this title; and
14 (10) all other necessary expenses to accomplish the purposes of this
title.
14 (d) Moneys from the fund shall be available for the purposes of this
title, only when appropriated therefor, and such appropriations shall be made
without fiscal year limitations.
SEC. 402. RECLAMATION FEE
15 (a) All operators of coal mining operations subject to the provisions
of this Act shall pay to the Secretary of the Interior, for deposit in the fund,
a reclamation fee of 35 cents per ton of coal produced by surface coal mining
and 15 cents per ton of coal produced by underground mining or 10 per centum of
the value of the coal at the mine, as determined by the Secretary, whichever is
less, except that the reclamation fee for lignite coal shall be at a rate of 2
per centum of the value of the coal at the mine, or 10 cents per ton, whichever
is less.
15 (b) Such fee shall be paid no later than thirty days after the end of
each calendar quarter beginning with the first calendar quarter occurring after
the date of enactment of this Act, and ending fifteen years after the date of
enactment of this Act unless extended by an Act of Congress.
15 (c) Together with such reclamation fee, all operators of coal mine
operations shall submit a statement of the amount of coal produced during the
calendar quarter, the method of coal removal and the type of coal, the accuracy
of which shall be sworn to by the operator and notarized.
15 (d) Any person, corporate officer, agent or director, on behalf of a coal
mine operator, who knowingly makes any false statement, representation or
certification, or knowingly fails to make any statement, representation or
certification required in this section shall, upon conviction, be punished by
a fine of not more than $1 0,000, or by imprisonment for not more than one year,
or both.
15 (e) Any portion of the reclamation fee not properly or promptly paid
pursuant to this section shall be recoverable, with statutory interest, from
coal mine operators, in any court of competent jurisdiction in any action at law
to compel payment of debts.
15 (f) All Federal and State agencies shall fully cooperate with the
Secretary of the Interior in the enforcement of this section.
15 (g) (1) The geographic allocation of expenditures from the fund shall
reflect both the area from which the revenue was derived as well as the national
program needs for the funds.
15 (2) Fifty per centum of the funds collected annually in any State or
Indian reservation shall be allocated to that State or Indian reservation by the
Secretary pursuant to any approved abandoned mine reclamation program to
accomplish the purposes of this title. Where the Governor of a State or the
head of a governing body of a tribe certifies that (i) objectives of the fund
set forth in sections 403 and 409 have been achieved, (ii) there is a need for
construction of specific public facilities in communities impacted by coal
development, (iii) impact funds which may be available under provisions of the
Federal Mineral Leasing Act of 1920, as amended, or the Act of October 20, 1976,
Public Law 94-565 (90 Stat. 2662), are inadequate for such construction, and
(iv) the Secretary concurs in such certification, then the Secretary may
continue to allocate all or part of the 50 per centum share to that State or
tribe for such construction: Provided, however, That if funds under this
subparagraph (2) have not been expended within three years after their
allocation, they shall be available for expenditure in any eligible area as
determined by the Secretary.
16 (3) The balance of funds collected on an annual basis may be expended in
any State at the discretion of the Secretary in order to meet the purposes of
this title. Such funds may be expended directly by the Secretary or by making
additional grants to approved State reclamation programs pursuant to section 405
when the Secretary finds that such programs are the best means of accomplishing
the specific reclamation projects. The Secretary shall consult and coordinate
with the respective States those projects funded directly or in conjunction
with other Federal agencies.
SEC. 403. OBJECTIVES OF FUND
16 Expenditure of moneys from the fund on lands and water eligible
pursuant to section 404 for the purposes of this title shall reflect the
following priorities in the order stated:
16 (1) the protection of public health, safety, general welfare, and
property from extreme danger of adverse effects of coal mining practices;
16 (2) the protection of public health, safety, and general welfare from
adverse effects of coal mining practices;
16 (3) the restoration of land and water resources and the environment
previously degraded by adverse effects of coal mining practices including
measures for the conservation and development of soil, water (excluding
channelization), woodland, fish and wildlife, recreation resources, and
agricultural productivity.
16 (4) research and demonstration projects relating to the development of
surface mining reclamation and water quality control program methods and
techniques;
16 (5) the protection, repair, replacement, construction, or enhancement of
public facilities such as utilities, roads, recreation, and conservation
facilities adversely affected by coal mining practices;
16 (6) the development of publicly owned land adversely affected by coal
mining practices including land acquired as provided in this title for
recreation and historic purposes, conservation, and reclamation purposes and
open space benefits.
SEC. 404. ELIGIBLE LANDS AND WATER
16 Lands and water eligible for reclamation or drainage abatement
expenditures under this title are those which were mined for coal or which were
affected by such mining, wastebanks, coal processing, or other coal mining
processes, and abandoned or left in an inadequate reclamation status prior to
the date of enactment of this Act, and for which there is no continuing
reclamation responsibility under State or other Federal laws.
SEC. 405. STATE RECLAMATION PROGRAMS
16 (a) Not later than the end of the one hundred and eighty-day period
immediately following the date of enactment of this Act, the Secretary shall
promulgate and publish in the Federal Register regulations covering
implementation of an abandoned mine reclamation program incorporating the
provisions of title IV and establishing procedures and requirements for
preparation, submission, and approval of State programs consisting of the plan
and annual submissions of projects.
17 (b) Each State having within its borders coal mined lands eligible for
reclamation under this title, may submit to the Secretary a State Reclamation
Plan and annual projects to carry out the purposes of this title.
17 (c) The Secretary shall not approve, fund, or continue to fund a State
abandoned mine reclamation program unless that State has an approved State
regulatory program pursuant to section 503 of this Act.
17 (d) If the Secretary determines that a State has developed and submitted
a program for reclamation of abandoned mines and has the ability and necessary
State legislation to implement the provisions of this title, sections 402 and
410 excepted, the Secretary shall approve such State program and shall grant to
the State exclusive responsibility and authority to implement the provisions of
the approved program: Provided, That the Secretary shall withdraw such approval
and authorization if he determines upon the basis of information provided
under this section that the State program is not in compliance with the
procedures, guidelines, and requirements established under subsection 405(a).
17 (e) Each State Reclamation Plan shall generally identify the areas to be
reclaimed, the purposes for which the reclamation is proposed, the relationship
of the lands to be reclaimed and the proposed reclamation to surrounding areas,
the specific criteria for ranking and identifying projects to be funded, and the
legal authority and programmatic capability to perform such work in conformance
with the provisions of this title.
17 (f) On an annual basis, each State having an approved State Reclamation
Plan may submit to the Secretary an application for the support of the State
program and implementation of specific reclamation projects. Such annual
requests shall include such information as may be requested by the Secretary
including:
17 (1) a general description of each proposed project;
17 (2) a priority evaluation of each proposed project;
17 (3) a statement of the estimated benefits in such terms as: number of
acres restored, miles of stream improved, acres of surface lands protected from
subsidence, population protected from subsidence, air pollution, hazards of mine
and coal refuse disposal area fires;
17 (4) an estimate of the cost for each proposed project;
17 (5) in the case of proposed research and demonstration projects, a
description of the specific techniques to be evaluated or objective to be
attained;
17 (6) an identification of lands or interest therein to be acquired and the
estimated cost; and
17 (7) in each year after the first in which a plan is filed under this
title, an inventory of each project funded under the previous year's grant;
which inventory shall include details of financial expenditures on such project
together with a brief description of each such project, including project
location, landowner's name, acreage, type of reclamation performed.
18 (g) The costs for each proposed project under this section shall include:
actual construction costs, actual operation and maintenance costs of permanent
facilities, planning and engineering costs, construction inspection costs, and
other necessary administrative expenses.
18 (h) Upon approval of State Reclamation Plan by the Secretary and of the
surface mine regulatory program pursuant to section 503, the Secretary shall
grant, on an annual basis, funds to be expended in such State pursuant to
subsection 402(g) and which are necessary to implement the State reclamation
program as approved by the Secretary.
18 (i) The Secretary, through his designated agents, will monitor the
progress and quality of the program. The States shall not be required at the
start of any project to submit complete copies of plans and specifications.
18 (j) The Secretary shall require annual and other reports as may be
necessary to be submitted by each State administering the approved State
reclamation program with funds provided under this title. Such reports shall
include that information which the Secretary deems necessary to fulfill his
responsibilities under this title.
18 (k) Indian tribes having within their jurisdiction eligible lands
pursuant to section 404 or from which coal is produced, shall be considered as a
"State" for the purposes of this title.
SEC.406 RECLAMATION OF RURAL LANDS
(a) In order to provide for the control and prevention of erosion and
sediment damages from unreclaimed mined lands, and to promote the conservation
and development of soil and water resources of unreclaimed mined lands and lands
affected by mining, the Secretary of Agriculture is authorized to enter into
agreements of not more than ten years with landowners including owners of water
rights), residents, and tenants, and individually or collectively, determined by
him to have control for the period of the agreement of lands in question
therein, providing for land stabilization, erosion, and sediment control, and
reclamation through conservation treatment, including measures for the
conservation and development of soil, water (excluding stream channelization),
woodland, wildlife, and recreation resources, and agricultural productivity of
such lands. Such agreements shall be made by the Secretary with the owners,
including owners of water rights, residents, or tenants (collectively or
individually) of the lands in question.
18 (b) The landowner, including the owner of water rights, resident, or
tenant shall furnish to the Secretary of Agriculture a conservation and
development plan setting forth the proposed land uses and conservation treatment
which shall be mutually agreed by the Secretary of Agriculture and the
landowner, including owner of water rights, resident, or tenant to be needed on
the lands for which the plan was prepared. In those instances where it is
determined that the water rights or water supply of a tenant, landowner,
including owner of water rights, resident, or tenant have been adversely
affected by a surface or underground coal mine operation which has removed or
disturbed a stratum so as to significantly affect the hydrologic balance, such
plan may include proposed measures to enhance water quality or quantity by means
of joint action with other affected landowners, including owner of water rights,
residents, or tenants in consultation with appropriate State and Federal
agencies.
19 (c) Such plan shall be incorporated in an agreement under which the
landowner, including owner of water rights, resident, or tenant shall agree with
the Secretary of Agriculture to effect the land uses and conservation treatment
provided for in such plan on the lands described in the agreement in accordance
with the terms and conditions thereof.
19 (d) In return for such agreement by the landowner, including owner of
water rights, resident, or tenant, the Secretary of Agriculture is authorized to
furnish financial and other assistance to such landowner, including owner of
water rights, resident, or tenant, in such amounts and subject to such
conditions as the Secretary of Agriculture determines are appropriate in the
public interest for carrying out the land use and conservation treatment set
forth in the agreement. Grants made under this section, depending on the
income-producing potential of the land after reclaiming, shall provide up to 80
per centum of the cost of carrying out such land uses and conservation treatment
on not more than one hundred and twenty acres of land occupied by such owner,
including water rights owners, resident, or tenant, or on not more than one
hundred and twenty acres of land which has been purchased jointly by such
landowners, including water rights owners, residents, or tenants, under an
agreement for the enhancement of water quality or quantity or on land which has
been acquired by an appropriate State or local agency for the purpose of
implementing such agreement; except the Secretary may reduce the matching cost
share where he determines that (1) the main benefits to be derived from the
project are related to improving offsite water quality, offsite esthetic values,
or other offsite benefits, and (2) the matching share requirement would place a
burden on the landowner which would probably prevent him from participating in
the program: Provided, however, That the Secretary of Agriculture may allow for
land use and conservation treatment on such lands occupied by any such owner in
excess of such one hundred and twenty acre limitation up to three hundred and
twenty acres, but in such event the amount of the grant to such landowner to
carry out such reclamation on such lands shall be reduced proportionately.
19 (e) The Secretary of Agriculture may terminate any agreement with a
landowner including water rights owners, operator, or occupier by mutual
agreement if the Secretary of Agriculture determines that such termination would
be in the public interest, and may agree to such modification of agreements
previously entered into hereunder as he deems desirable to carry out the
purposes of this section or to facilitate the practical administration of the
program authorized herein.
19 (f) Notwithstanding any other provision of law, the Secretary of
Agriculture, to the extent he deems it desirable to carry out the purposes of
this section, may provide in any agreement hereinunder for (1) preservation for
a period not to exceed the period covered by the agreement and an equal period
thereafter of the cropland, crop acreage,and allotment history applicable to
land covered by the agreement for the purpose of any Federal program under which
such history is used as a basis for an allotment or other limitation on the
production of such crop; or (2) surrender of any such history and allotments.
20 (g) The Secretary of Agriculture shall be authorized to issue such rules
and regulations as he determines are necessary to carry out the provisions of
this section.
20 (h) In carrying out the provisions of this section, the Secretary of
Agriculture shall utilize the services of the Soil Conservation Service.
20 (i) Funds shall be made available to the Secretary of Agriculture for the
purposes of this section, as provided in section 303(c).
SEC. 407. ACQUISITION AND RECLAMATION OF LAND ADVERSELY AFFECTED BY
PAST COAL MINING PRACTICES
20(a) If the Secretary or the State pursuant to an approved State program,
makes a finding of fact that -
20 (1) land or water resources have been adversely affected by past coal
mining practices; and
20 (2) the adverse effects are at a stage where, in the public interest,
action to restore, reclaim, abate, control, or prevent should be taken; and
20 (3) the owners of the land or water resources where entry must be made to
restore, reclaim, abate, control, or prevent the adverse effects of past coal
mining practices are not known, or readily available; or
20 (4) the owners will not give permission for the United States, the
States, political subdivisions, their agents, employees, or contractors to enter
upon such property to restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices.
20 Then, upon giving notice by mail to the owners if known or if not known
by posting notice upon the premises and advertising once in a newspaper of
general circulation in the municipality in which the land lies, the Secretary,
his agents, employees, or contractors, or the State pursuant to an approved
State program, shall have the right to enter upon the property adversely
affected by past coal mining practices and any other property to have access to
such property to do all things necessary or expedient to restore, reclaim,
abate, control, or prevent the adverse effects. Such entry shall be construed
as an exercise of the police power for the protection of public health, safety,
and general welfare and shall not be construed as an act of condemnation of
property nor of trespass thereon. The moneys expended for such work and the
benefits accruing to any such premises so entered upon shall be chargeable
against such land and shall mitigate or offset any claim in or any action
brought by any owner of any interest in such premises for any alleged damages by
virtue of such entry: Provided, however, That this provision is not intended to
create new rights of action or eliminate existing immunities.
20 (b) The Secretary, his agents, employees, or contractors or the State
pursuant to an approved State program, shall have the right to enter upon any
property for the purpose of conducting studies or exploratory work to determine
the existence of adverse effects of past coal mining practices and to determine
the feasibility of restoration, reclamation, abatement, control, or prevention
of such adverse effects. Such entry shall be construed as an exercise of the
police power for the protection of public health, safety, and general welfare
and shall not be construed as an act of condemnation of property nor trespass
thereon.
21 (c) The Secretary or the State pursuant to an approved State program, may
acquire any land, by purchase, donation, or condemnation, which is adversely
affected by past coal mining practices if the Secretary determines that
acquisition of such land is necessary to successful reclamation and that -
21 (1) the acquired land, after restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining practices,
will serve recreation and historic purposes, conservation and reclamation
purposes or provide open space benefits; and
21 (2) permanent facilities such as a treatment plant or a relocated stream
channel will be constructed on the land for the restoration, reclamation,
abatement, control, or presentation of the adverse effects of past coal mining
practices; or
21 (3) acquisition of coal refuse disposal sites and all coal refuse thereon
will serve the purposes of this title or that public ownership is desirable to
meet emergency situations and prevent recurrences of the adverse effects of past
coal mining practices.
21 (d) Title to all lands acquired pursuant to this section shall be in the
name of the United States or, if acquired by a State pursuant to an approved
program, title shall be in the name of the State. The price paid for land
acquired under this section shall reflect the market value of the land as
adversely affected by past coal mining practices.
21 (e) States are encouraged as part of their approved State programs, to
reclaim abandoned and unreclaimed mined lands within their boundaries and, if
necessary, to acquire or to transfer such lands to the Secretary or the
appropriate State regulatory authority under appropriate Federal regulations.
The Secretary is authorized to make grants on a matching basis to States in such
amounts as he deems appropriate for the purpose of carrying out the provisions
of this title but in no event shall any grant exceed 90 per centum of the cost
of acquisition of the lands for which the grant is made. When a State has made
any such land available to the Federal Government under this title, such State
shall have a preference right to purchase such lands after reclamation at fair
market value less the State portion of the original acquisition price.
Notwithstanding the provisions of paragraph (1) of this subsection, reclaimed
land may be sold to the State or local government in which it is located at a
price less than fair market value, which in no case shall be less than the cost
to the United States of the purchase and reclamation of the land, as negotiated
by the Secretary, to be used for a valid public purpose. If any land sold to a
State or local government under this paragraph is not used for a valid public
purpose as specified by the Secretary in the terms of the sales agreement then
all right, title, and interest in such land shallrevert to the United States.
Money received from such sale shall be deposited in the fund.
22 (f) The Secretary, in formulating regulations for making grants to the
States to acquire land pursuant to this section, shall specify that acquired
land meet the criteria provided for in subsections (c) and (d) of this section.
The Secretary may provide by regulation that money derived from the lease,
rental, or user charges of such acquired land and facilities thereon will be
deposited in the fund.
22 (g) (1) Where land acquired pursuant to this section is deemed to be
suitable for industrial, commercial, residential, or recreational development,
the Secretary may sell or authorize the States to sell such land by public sale
under a system of competitive bidding, at not less than fair market value and
under such other regulations promulgated to insure that such lands are put to
proper use consistent with local and State land use plans, if any, as determined
by the Secretary.
22 (2) The Secretary or the State pursuant to an approved State program,
when requested after appropriate public notice shall hold a public hearing, with
the appropriate notice, in the county or counties or the appropriate
subdivisions of the State in which lands acquired pursuant to this section are
located. The hearings shall be held at a time which shall afford local citizens
and governments the maximum opportunity to participate in the decision
concerning the use of disposition of the lands after restoration, reclamation,
abatement, control, or prevention of the adverse effects of past coal mining
practices.
22 (h) In addition to the authority to acquire land under subsection (d) of
this section the Secretary is authorized to use money in the fund to acquire
land by purchase, donation, or condemnation, and to reclaim and transfer
acquired land to any State or to a political subdivision thereof, or to any
person, firm, association, or corporation, if he determines that such is an
integral and necessary element of an economically feasible plan for the project
to construct or rehabilitate housing for persons disabled as the result of
employment in the mines or work incidental thereto, persons displaced by
acquisition of land pursuant to this section, or persons dislocated as the
result of adverse effects of coal mining practices which constitute an emergency
as provided in section 410 or persons dislocated as the result of natural
disasters or catastrophic failures from any cause. Such activities shall be
accomplished under such terms and conditions as the Secretary shall require,
which may include transfers of land with or without monetary consideration:
Provided, That, to the extent that the consideration is below the fair market
value of the land transferred, no portion of the difference between the fair
market value and the consideration shall accrue as a profit to such persons,
firm, association, or corporation. No part of the funds provided under this
title may be used to pay the actual construction costs of housing. The
Secretary may carry out the purposes of this subsection directly or he may make
grants and commitments for grants, and may advance money under such terms and
conditions as he may require to any State, or any department, agency, or
instrumentality of a State, or any public body or nonprofit organization
designated by a State.
SEC. 408. LIENS
23(a) Within six months after the completion of projects to restore,
reclaim, abate, control, or prevent adverse effects of past coal mining
practices on privately owned land, the Secretary or the State pursuant to an
approved State program, shall itemize the moneys so expended and may file a
statement thereof in the office of the county in which the land lies which has
the responsibility under local law for the recording of judgments against land,
together with a notarized appraisal by an independent appraiser of the value of
the land before the restoration, reclamation, abatement, control, or prevention
of adverse effects of past coal mining practices if the moneys so expended shall
result in a significant increase in property value. Such statement shall
constitute a lien upon the said land. The lien shall not exceed the amount
determined by the appraisal to be the increase in the market value of the land
as a result of the restoration, reclamation, abatement, control, or prevention
of the adverse effects of past coal mining practices. No lien shall be filed
against the property of any person, in accordance with this subsection, who
owned the surface prior to May 2, 1977, and who neither consented to, nor
participated in nor exercised control over the mining operation which
necessitated the reclamation performed hereunder.
23 (b) The landowner may proceed as provided by local law to petition within
sixty days of the filing of the lien, to determine the increase in the market
value of the land as a result of the restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining practices.
The amount reported to be the increase in value of the premises shall constitute
the amount of the lien and shall be recorded with the statement herein provided.
Any party aggrieved by the decision may appeal as provided by local law.
23 (c) The lien provided in this section shall be entered in the county
office in which the land lies and which has responsibility under local law for
the recording of judgments against land. Such statement shall constitute a lien
upon the said land as of the date of the expenditure of the moneys and shall
have priority as a lien second only to the lien of real estate taxes imposed
upon said land.
SEC. 409. FILLING VOIDS AND SEALING TUNNELS
23(a) The Congress declares that voids, and open and abandoned tunnels,
shafts, and entryways resulting from any previous mining operation, constitute a
hazard to the public health or safety and that surface impacts of any
underground or surface mining operation may degrade the environment. The
Secretary, at the request of the Governor of any State, or the chairman of any
tribe, is authorized to fill such voids, seal such abandoned tunnels, shafts,
and entryways, and reclaim surface impacts of underground or surface mines which
the Secretary determines could endanger life and property, constitute a hazard
to the public health and safety, or degrade the environment. State regulatory
authorities are authorized to carry out such work pursuant to an approved
abandoned mine reclamation program.
23 (b) Funds available for use in carrying out the purpose of this section
shall be limited to those funds which must be allocated to the respective States
or Indian reservations under the provisions of subsection 402(g).
24 (c) The Secretary may make expenditures and carry out the purposes of
this section without regard to provisions of section 404 in such States or
Indian reservations where requests are made by the Governor or tribal chairman
and only after all reclamation with respect to abandoned coal lands or coal
development impacts have been met, except for those reclamation projects
relating to the protection of the public health or safety.
24 (d) In those instances where mine waste piles are being reworked for
conservation purposes, the incremental costs of disposing of the wastes from
such operations by filling voids and sealing tunnels may be eligible for funding
providing that the disposal of these wastes meets the purposes of this section.
24 (e) The Secretary may acquire by purchase, donation, easement, or
otherwise such interest in land as he determines necessary to carry out the
provision of this section.
SEC. 410. EMERGENCY POWERS
24(a) The Secretary is authorized to expend moneys from the fund for the
emergency restoration, reclamation, abatement, control, or prevention of adverse
effects of coal mining practices, on eligible lands, if the Secretary makes a
finding of fact that -
24 (1) an emergency exists constituting a danger to the public health,
safety, or general welfare; and
24 (2) no other person or agency will act expeditiously to restore, reclaim,
abate, control, or prevent the adverse effects of coal mining practices.
24 (b) The Secretary, his agents, employees, and contractors shall have the
right to enter upon any land where the emergency exists and any other land to
have access to the land where the emergency exists to restore, reclaim, abate,
control, or prevent the adverse effects of coal mining practices and to do all
things necessary or expedient to protect the public health, safety, or general
welfare. Such entry shall be construed as an exercise of the police power and
shall not be construed as an act of condemnation of property nor of trespass
thereof. The moneys expended for such work and the benefits accruing to any
such premises so entered upon shall be chargeable against such land and shall
mitigate or offset any claim in or any action brought by any owner of any
interest in such premises for any alleged damages by virtue of such entry:
Provided, however, That this provision is not intended to create new rights of
action or eliminate existing immunities.
SEC. 411. FUND REPORT
24 Not later than January 1, 1978, and annually thereafter, the Secretary
or the State pursuant to an approved State program, shall report to the Congress
on operations under the fund together with his recommendations as to future uses
of the fund.
SEC. 412. MISCELLANEOUS POWERS
24(a) The Secretary or the State pursuant to an approved State program,
shall have the power and authority, if not granted it otherwise, to engage in
any work and to do all things necessary or expedient, including promulgation of
rules and regulations, to implement and administer the provisions of this title.
25 (b) The Secretary or the State pursuant to an approved State program,
shall have the power and authority to engage in cooperative projects under this
title with any other agency of the United States of America, any State and their
governmental agencies.
25 (c) The Secretary or the State pursuant to an approved State program, may
request the Attorney General, who is hereby authorized to initiate, in addition
to any other remedies provided for in this title, in any court of competent
jurisdiction, an action in equity for an injunction to restrain any interference
with the exercise of the right to enter or to conduct any work provided in this
title.
25 (d) The Secretary or the State pursuant to an approved State program,
shall have the power and authority to construct and operate a plant or plants
for the control and treatment of water pollution resulting from mine drainage.
The extent of this control and treatment may be depended upon the ultimate use
of the water: Provided, That the above provisions of this paragraph shall not be
deemed in any way to repeal or supersede any portion of the Federal Water
Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended) and no control or
treatment under this subsection shall in any way be less than that required
under the Federal Water Pollution Control Act. The construction of a plant or
plants may include major interceptors and other facilities appurtenant to the
plant.
25 (e) The Secretary may transfer funds to other appropriate Federal
agencies, in order to carry out the reclamation activities authorized by this
title.
SEC. 413. INTERAGENCY COOPERATION
25 All departments, boards commissioners, and agencies of the United
States of America shall cooperate with the Secretary by providing technical
expertise, personnel, equipment, materials, and supplies to implement and
administer the provisions of this title.
TITLE V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING
SEC. 501. ENVIRONMENTAL PROTECTION STANDARDS
25(a) Not later than the end of the ninety-day period immediately
following the date of enactment of this Act, the Secretary shall promulgate and
publish in the Federal Register regulations covering an interim regulatory
procedure for surface coal mining and reclamation operations setting mining and
reclamation performance standards based on and incorporating the provisions set
out in section 502(c) of this Act. The issuance of the interim regulations
shall be deemed not to be a major Federal action within the meaning of section
102(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
Such regulations, which shall be concise and written in plain, understandable
language shall not be promulgated and published by the Secretary until he has -
25 (A) published proposed regulations in the Federal Register and afforded
interested persons and State and local governments a period of not less than
thirty days after such publication to submit written comments thereon;
26 (B) obtained the written concurrence of the Administrator of the
Environmental Protection Agency with respect to those regulations promulgated
under this section which relate to air or water quality standards promulgated
under the authority of the Federal Water Pollution Control Act, as amended (33
U.S.C. 1151-1175), and the Clean Air Act, as amended (42 U.S.C. 1857 et seq.);
and
26 (C) held at least one public hearing on the proposed regulations.
26 The date, time, and place of any hearing held on the proposed regulations
shall be set out in the publication of the proposed regulations. The Secretary
shall consider all comments and relevant data presented at such hearing before
final promulgation and publication of the regulations.
26 (b) Not later than one year after the enactment of this Act, the
Secretary shall promulgate and publish in the Federal Register regulations
covering a permanent regulatory procedure for surface coal mining and
reclamation operations performance standards based on and conforming to the
provisions of title V and establishing procedures and requirements for
preparation, submission, and approval of State programs; and development and
implementation of Federal programs under the title. The Secretary shall
promulgate these regulations, which shall be concise and written in plain,
understandable language in accordance with the procedures in section 501(a).
SEC. 502. INITIAL REGULATORY PROCEDURES
26(a) No person shall open or develop any new or previously mined or
abandoned site for surface coal mining operations on lands on which such
operations are regulated by a State unless such person has obtained a permit
from the State's regulatory authority.
26 (b) All surface coal mining operations on lands on which such operations
are regulated by a State which commence operations pursuant to a permit issued
on or after six months from the date of enactment of this Act shall comply, and
such permits shall contain terms requiring compliance with, the provisions set
out in subsection (c) of this section. Prior to final disapproval of a State
program or prior to promulgation of a Federal program or a Federal lands program
pursuant to this Act, a State may issue such permits.
26 (c) On and after nine months from the date of enactment of this Act, all
surface coal mining operations on lands on which such operations are regulated
by a State shall comply with the provisions of subsections 515(b)(2), 515(b)(3),
515(b)(5), 515(b)(10), 515(b)(13), 515(b)(15), 515(b)(19), and 515(d) of this
Act or, where a surface coal mining operation will remove an entire coal seam or
seams running through the upper fraction of a mountain, ridge, or hill by
removing all of the overburden and creating a level plateau or a gently rolling
contour with no highwalls remaining, such operation shall comply with the
requirements of section 515(c)(4) and (5) without regard to the requirements of
section 515(b)(3) or 515(d)(2) and (3), with respect to lands from which
overburden and the coal seam being mined have not been removed: Provided,
however, That surface coal mining operations in operation pursuant to a permit
issued by a State before the date of enactment of this Act, issued to a person
as defined in section 701(19) in existence prior to May 2, 1977 and operated by
a person whose total annual production of coal from surface and underground coal
mining operations does not exceed one hundred thousand tons shall not be subject
to the provisions of this subsection except with reference to the provision of
subsection 515(d)(1) until January 1, 1979.
27 (d) Not later than two months following the approval of a State program
pursuant to section 503 or the implementation of a Federal program pursuant to
section 504, regardless of litigation contesting that approval or
implementation, all operators of surface coal mines in expectation of operating
such mines after the expiration of eight months from the approval of a State
program or the implementation of a Federal program, shall file an application
for a permit with the regulatory authority. Such application shall cover those
lands to be mined after the expiration of eight months from the approval of a
State program or the implementation of a Federal program. The regulatory
authority shall process such applications and grant or deny a permit within
eight months after the date of approval of the State program or the
implementation of the Federal program, unless specially enjoined by a court of
competent jurisdiction, but in no case later than forty-two months from the date
of enactment of this Act.
27 (e) Within six months after the date of enactment of this Act, the
Secretary shall implement a Federal enforcement program which shall remain in
effect in each State as surface coal mining operations are required to comply
with the provisions of this Act, until the State program has been approved
pursuant to this Act or until a Federal program has been implemented pursuant to
this Act. The enforcement program shall -
27 (1) include inspections of surface coal mine sites which may be made (but
at least one inspection for every site every six months), without advance notice
to the mine operator and for the purpose of ascertaining compliance with the
standards of subsections (b) and (c) above. The Secretary shall order any
necessary enforcement action to be implemented pursuant to the Federal
enforcement provision of this title to correct violations identified at the
inspections;
27 (2) provide that upon receipt of inspection reports indicating that nay
surface coal mining operation has been found in violation of subsections (b) and
(c) above, during not less than two consecutive State inspections or upon
receipt by the Secretary of information which would give rise to reasonable
belief that such standards are being violated by any surface coal mining
operation, the Secretary shall order the immediate inspection of such operation
by Federal inspectors and the necessary enforcement actions, if any, to be
implemented pursuant to the Federal enforcement provisions of this title. When
the Federal inspection results from information provided to the Secretary by any
person, the Secretary shall notify such person when the Federal inspection
{28} is proposed to be carried out and such person shall be allowed to
accompany the inspector during the inspection;
28 (3) provide that the State regulatory agency file with the Secretary and
with a designated Federal office centrally located in the county or area in
which the inspected surface coal mine is located copies of inspection reports
made;
28 (4) provide that moneys authorized by section 712 shall be available to
the Secretary prior to the approval of a State program pursuant to this Act to
reimburse the State for conducting those inspections in which the standards of
this Act are enforced and for the administration of this section.
28 (5) for purposes of this section, the term "Federal inspector" means
personnel of the Office of Surface Mining Reclamation and Enforcement and such
additional personnel of the United States Geological Survey, Bureau of Land
Management, or of the Mining Enforcement and Safety Administration so designated
by the Secretary, or such other personnel of the Forest Service, Soil
Conservation Service, or the Agricultural Stabilization and Conservation Service
as arranged by appropriate agreement with the Secretary on a reimbursable or
other basis;
28 (f) Following the final disapproval of a State program, and prior to
promulgation of a Federal program or a Federal lands program pursuant to this
Act, including judicial review of such a program, existing surface coal mining
operations may continue surface mining operations pursuant to the provisions of
section 502 of this Act. During such period no new permits shall be issued by
the State whose program has been disapproved. Permits which lapse during such
period may continue in full force and effect until promulgation of a Federal
program or a Federal lands program.
SEC. 503. STATE PROGRAMS
28(a) Each State in which there are or may be conducted surface coal
mining operations on non-Federal lands, and which wishes to assume exclusive
jurisdiction over the regulation of surface coal mining and reclamation
operations, except as provided in sections 521 and 523 and title IV of this Act,
shall submit to the Secretary, by the end of the eighteen-month period beginning
on the date of enactment of this Act, a State program which demonstrates that
such State has the capability of carrying out the provisions of this Act and
meeting its purposes through -
28 (1) a State law which provides for the regulation of surface coal mining
and reclamation operations in accordance with the requirements of this Act;
28 (2) a State law which provides sanctions for violations of State laws,
regulations, or conditions of permits concerning surface coal mining and
reclamation operations, which sanctions shall meet the minimum requirements of
this Act, including civil and criminal actions, forfeiture of bonds,
suspensions, revocations, and withholding of permits, and the issuance of
cease-and-desist orders by the State regulatory authority or its inspectors;
28 (3) a State regulatory authority with sufficient administrative and
technical personnel, and sufficient funding to enable the State to regulate
surface coal mining and reclamation operations in accordance with the
requirements of this Act;
29 (4) a State law which provides for the effective implementation,
maintenance, and enforcement of a permit system, meeting the requirements of
this title for the regulation of surface coal mining and reclamation operations
for coal on lands within the State;
29 (5) establishment of a process for the designation of areas as unsuitable
for surface coal mining in accordance with section 522 provided that the
designation of Federal lands unsuitable for mining shall be performed
exclusively by the Secretary after consultation with the State; and
29 (6) establishment for the purposes of avoiding duplication, of a process
for coordinating the review and issuance of permits for surface coal mining and
reclamation operations with any other Federal or State permit process applicable
to the proposed operations; and
29 (7) rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.
29 (b) The Secretary shall not approve any State program submitted under
this section until he has -
29 (1) solicited and publicly disclosed the views of the Administrator of
the Environmental Protection Agency, the Secretary of Agriculture, and the heads
of other Federal agencies concerned with or having special expertise pertinent
to the proposed State program;
29 (2) obtained the written concurrence of the Administrator of the
Environmental Protection Agency with respect to those aspects of a State program
which relate to air or water quality standards promulgated under the authority
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151-1175),
and the Clean Air Act, as amended (42 U.S.C. 1857 et seq.);
29 (3) held at least one public hearing on the State program within the
State; and
29 (4) found that the State has the legal authority and qualified personnel
necessary for the enforcement of the environmental protection standards.
29 The Secretary shall approve or disapprove a State program, in whole or in
part, within six full calendar months after the date such State program was
submitted to him.
29 (c) If the Secretary disapproves any proposed State program in whole or
in part, he shall notify the State in writing of his decision and set forth in
detail the reasons therefor. The State shall have sixty days in which to
resubmit a revised State program or portion thereof. The Secretary shall
approve or disapprove the resubmitted State program or portion thereof within
sixty days from the date of resubmission.
29 (d) For the purposes of this section and section 504, the inability of a
State to take any action the purpose of which is to prepare, submit or enforce a
State program, or any portion thereof, because the action is enjoined by the
issuance of an injunction by any court of competent jurisdiction shall not
result in a loss of eligibility for financial assistance under titles IV and VII
of this Act or in the imposition of a Federal program. Regulation of the
surface coal mining and reclamation operations covered or to be covered by the
State program subject to the injunction shall be conducted by the State pursuant
to section 502 of this Act, until such time as the injunction terminates or for
one year, whichever is shorter, at which time the requirements of sections 503
and 504 shall again be fully applicable.
SEC. 504. FEDERAL PROGRAMS
30(a) The Secretary shall prepare and, subject to the provisions of this
section, promulgate and implement a Federal program for a State no later than
thirty-four months after the date of enactment of this Act if such State -
30 (1) fails to submit a State program covering surface coal mining and
reclamation operations by the end of the eighteenmonth period beginning on the
date of enactment of this Act;
30 (2) fails to resubmit an acceptable State program within sixty days of
disapproval of a proposed State program: Provided, That the Secretary shall not
implement a Federal program prior to the expiration of the initial period
allowed for submission of a State program as provided for in clause (1) of this
subsection; or
30 (3) fails to implement, enforce, or maintain its approved State program
as provided for in this Act.
30 If State compliance with clause (1) of this subsection requires an act of
the State legislature, the Secretary may extend the period of submission of a
State program up to an additional six months. Promulgation and implementation
of a Federal program vests the Secretary with exclusive jurisdiction for the
regulation and control of surface coal mining and reclamation operations taking
place on lands within any State not in compliance with this Act. After
promulgation and implementation of a Federal program the Secretary shall be the
regulatory authority. If a Federal program is implemented for a State, section
522(a), (c), and (d) shall not apply for a period of one year following the date
of such implementation. In promulgating and implementing a Federal program for
a particular State the Secretary shall take into consideration the nature of
that State's terrain, climate, biological, chemical, and other relevant physical
conditions.
30 (b) In the event that a State has a State program for surface coal
mining, and is not enforcing any part of such program, the Secretary may provide
for the Federal enforcement, under the provisions of section 521, of that part
of the State program not being enforced by such State.
30 (c) Prior to promulgation and implementation of any proposed Federal
program, the Secretary shall give adequate public notice and hold a public
hearing in the affected State.
30 (d) Permits issued pursuant to a previously approved State program shall
be valid but reviewable under a Federal program. Immediately following
promulgation of a Federal program, the Secretary shall undertake to review such
permits to determine that the requirements of this Act are not violated. If the
Secretary determines any permit to have been granted contrary to the
requirements of this Act, he shall so advise the permittee and provide him an
opportunity for hearing and a reasonable opportunity for submission of a new
application and reasonable time, within a time limit prescribed in regulations
promulgated pursuant to section 501(b), to conform ongoing surface mining and
reclamation operations to the requirements of the Federal program.
31 (e) A State which has failed to obtain the approval of a State program
prior to implementation of a Federal program may submit a State program at any
time after such implementation. Upon the submission of such a program, the
Secretary shall follow the procedures set forth in section 503(b) and shall
approve or disapprove the State program within six months after its submittal.
Approval of a State program shall be based on the determination that the State
has the capability of carrying out the provisions of this Act and meeting its
purposes through the criteria set forth in section 503(a)(1) through (6). Until
a State program is approved as provided under this section, the Federal program
shall remain in effect and all actions taken by the Secretary pursuant to such
Federal program, including the terms and conditions of any permit issued
thereunder shall remain in effect.
31 (f) Permits issued pursuant to the Federal program shall be valid under
any superseding State program: Provided, That the Federal permittee shall have
the right to apply for a State permit to supersede his Federal permit. The
State regulatory authority may review such permits to determine that the
requirements of this Act and the approved State program are not violated.
Should the State program contain additional requirements not contained in the
Federal program, the permittee will be provided opportunity for hearing and a
reasonable time, within a time limit prescribed in regulations promulgated
pursuant to section 501, to conform ongoing surface mining and reclamation
operations to the additional State requirements.
31 (g) Whenever a Federal program is promulgated for a State pursuant to
this Act, any statutes or regulations of such State which are in effect to
regulate surface mining and reclamation operations subject to this Act shall,
insofar as they interfere with the achievement of the purposes and the
requirements of this Act and the Federal program, be preempted and superseded by
the Federal program. The Secretary shall set forth any State law or regulation
which is preempted and superseded by the Federal program.
31 (h) Any Federal program shall include a process for coordinating the
review and issuance of permits for surface mining and reclamation operations
with any other Federal or State permit process applicable to the proposed
operation.
SEC. 505. STATE LAWS
31(a) No State law or regulation in effect on the date of enactment of
this Act, or which may become effective thereafter, shall be superseded by any
provision of this Act or any regulation issued pursuant thereto, except insofar
as such State law or regulation is inconsistent with the provisions of this Act.
31 (b) Any provision of any State law or regulation in effect upon the date
of enactment of this Act, or which may become effective thereafter, which
provides for more stringent land use and environmental controls and regulations
of surface coal mining and reclamation operation than do the provisions of this
Act or any regulation issued pursuant thereto shall not be construed to be
inconsistent with this Act. The Secretary shall set forth any State law or
regulation which is construed to be inconsistent with this Act. Any provision
of any State law or regulation in effect on the date of enactment of this Act,
or which may become effective thereafter, which provides for the control and
regulation of surface mining and reclamation operations for which no provision
is contained in this Act shall not be construed to be inconsistent with this
Act.
SEC. 506. PERMITS
32(a) No later than eight months from the date on which a State program is
approved by the Secretary, pursuant to section 503 of this Act, or no later than
eight months from the date on which the Secretary has promulgated a Federal
program for a State not having a State program pursuant to section 504 of this
Act, no person shall engage in or carry out on lands within a State any surface
coal mining operations unless such person has first obtained a permit issued by
such State pursuant to an approved State program or by the Secretary pursuant to
a Federal program; except a person conducting surface coal mining operations
under a permit from the State regulatory authority, issued in accordance with
the provisions of section 502 of this Act, may conduct such operations beyond
such period if an application for a permit has been filed in accordance with the
provisions of this Act, but the initial administrative decision has not been
rendered.
32 (b) All permits issued pursuant to the requirements of this Act shall be
issued for a term not to exceed five years: Provided, That if the applicant
demonstrates that a specified longer term is reasonably needed to allow the
applicant to obtain necessary financing for equipment and the opening of the
operation and if the application is full and complete for such specified longer
term, the regulatory authority may grant a permit for such longer term. A
successor in interest to a permittee who applies for a new permit within thirty
days of succeeding to such interest and who is able to obtain the bond coverage
of the original permittee may continue surface coal mining and reclamation
operations according to the approved mining and reclamation plan of the original
permittee until such successor's application is granted or denied.
32 (c) A permit shall terminate if the permittee has not commenced the
surface coal mining operations covered by such permit within three years of the
issuance of the permit: Provided, That the regulatory authority may grant
reasonable extensions of time upon a showing that such extensions are necessary
by reason of litigation precluding such commencement or threatening substantial
economic loss to the permittee, or by reason of conditions beyond the control
and without the fault or negligence of the permittee: Provided further, That in
the case of a coal lease issued under the Federal Mineral Leasing Act, as
amended, extensions of time may not extend beyond the period allowed for
diligent development in accordance with section 7 of that Act: Provided further,
That with respect to coal to be mined for use in a synthetic fuel facility or
specific major electric generating facility, the permittee shall be deemed to
have commenced surface mining operations at such time as the construction of the
synthetic fuel or generating facility is initiated.
33 (d) (1) Any valid permit issued pursuant to this Act shall carry with it
the right of successive renewal upon expiration with respect to areas within the
boundaries of the existing permit. The holders of the permit may apply for
renewal and such renewal shall be issued (provided that on application for
renewal the burden shall be on the opponents of renewal), subsequent to
fulfillment of the public notice requirements of sections 513 and 514 unless it
is established that and written findings by the regulatory authority are made
that -
33 (A) the terms and conditions of the existing permit are not being
satisfactorily met;
33 (B) the present surface coal mining and reclamation operation is not in
compliance with the environmental protection standards of this Act and the
approved State plan or Federal program pursuant to this Act; or
33 (C) the renewal requested substantially jeopardizes the operator's
continuing responsibility on existing permit areas;
33 (D) the operator has not provided evidence that the performance bond in
effect for said operation will continue in full force and effect for any
renewal requested in such application as well as any additional bond the
regulatory authority might require pursuant to section 509; or
33 (E) any additional revised or updated information required by the
regulatory authority has not been provided. Prior to the approval of any
renewal of permit the regulatory authority shall provide notice to the
appropriate public authorities.
33 (2) If an application for renewal of a valid permit includes a proposal
to extend the mining operation beyond the boundaries authorized in the existing
permit, the portion of the application for renewal of a valid permit which
addresses any new land areas shall be subject to the full standards applicable
to new applications under this Act: Provided, however, That if the surface coal
mining operations authorized by a permit issued pursuant to this Act were not
subject to the standards contained in section 510(b)(5)(A) and (B) by reason of
complying with the proviso of section 510(b)(5), then the portion of the
application for renewal of the permit which addresses any new land areas
previously identified in the reclamation plan submitted pursuant to section 508
shall not be subject to the standards contained in section 510(b)(5)(A) and (B).
33 (3) Any permit renewal shall be for a term not to exceed the period of
the original permit established by this Act. Application for permit renewal
shall be made at least one hundred and twenty days prior to the expiration of
the valid permit.
SEC. 507. APPLICATION REQUIREMENTS
33(a) Each application for a surface coal mining and reolamation permit
pursuant to an approved State program or a Federal program under the provisions
of this Act shall be accompanied by a fee as determined by the regulatory
authority. Such fee may be less than but shall not exceed the actual or
anticipated cost of reviewing, administering, and enforcing such permit issued
pursuant to a State or Federal program. The regulatory authority may develop
procedures so as to enable the cost of the fee to be paid over the term of the
permit.
34 (b) The permit application shall be submitted in a manner satisfactory to
the regulatory authority and shall contain, among other things -
34 (1) the names and addresses of (A) the permit applicant; (B) every legal
owner of record of the property (surface and mineral), to be mined; (C) the
holders of record of any leasehold interest in the property; (D) any purchaser
of record of the property under a real estate contract; and (E) the operator if
he is a person different from the applicant; and (F) if any of these are
business entitles other than a single proprietor, the names and addresses of the
principals, officers, and resident agent;
34 (2) the names and addresses of the owners of record of all surface and
subsurface areas adjacent to any part of the permit area;
34 (3) a statement of any current or previous surface coal mining permits in
the United States held by the applicant and the permit identification and each
pending application;
34 (4) if the applicant is a partnership, corporation, association, or other
business entity, the following where applicable: the names and addresses of
every officer, partner, director, or person performing a function similar to a
director, of the applicant, together with the name and address of any person
owning, of record 10 per centum or more of any class of voting stock of the
applicant and a list of all names under which the applicant, partner, or
principal shareholder previously operated a surface mining operation within the
United States within the five-year period preceding the date of submission of
the application;
34 (5) a statement of whether the applicant, any subsidiary, affiliate, or
persons controlled by or under common control with the applicant, has ever held
a Federal or State mining permit which in the five-year period prior to the date
of submission of the application has been suspended or revoked or has had a
mining bond or similar security deposited in lieu of bond forfeited and, if so,
a brief explanation of the facts involved;
34 (6) a copy of the applicant's advertisement to be published in a
newspaper of general circulation in the locality of the proposed site at least
once a week for four successive weeks, and which includes the ownership, a
description of the exact location and boundaries of the proposed site sufficient
so that the proposed operation is readily locatable by local residents, and the
location of where the application is available for public inspection;
34 (7) a description of the type and method of coal mining operation that
exists or is proposed, the engineering techniques proposed or used, and the
equipment used or proposed to be used;
34 (8) the anticipated or actual starting and termination dates of each
phase of the mining operation and number of acres of land to be affected;
34 (9) the applicant shall file with the regulatory authority on an accurate
map or plan, to an appropriate scale, clearly showing the land to be affected as
of the date of the application, the area of land within the permit area upon
which the applicant has the legal right to enter and commence surface mining
operations and shall provide to the regulatory authority a statement of those
documents upon which the applicant bases his legal right to enter and commence
surface mining operations on the area affected, and whether that right is the
subject of pending court litigation: Provided, That nothing in this Act shall be
construed as vesting in the regulatory authority the jurisdiction to adjudicate
property title disputes.
35 (10) the name of the watershed and location of the surface stream or
tributary into which surface and pit drainage will be discharged;
35 (11) a determination of the probable hydrologic consequences of the
mining and reclamation operations, both on and off the mine site, with respect
to the hydrologic regime, quantity and quality of water in surface and ground
water systems including the dissolved and suspended solids under seasonal flow
conditions and the collection of sufficient data for the mine site and
surrounding areas so that an assessment can be made by the regulatory authority
of the probable cumulative impacts of all anticipated mining in the area upon
the hydrology of the area and particularly upon water availability: Provided,
however, That this determination shall not be required until such time as
hydrologic information on the general area prior to mining is made available
from an appropriate Federal or State agency: Provided further, That the permit
shall not be approved until such information is available and is incorporated
into the application;
35 (12) when requested by the regulatory authority, the climatological
factors that are peculiar to the locality of the land to be affected, including
the average seasonal precipitation, the average direction and velocity of
prevailing winds, and the seasonal temperature ranges;
35 (13) accurate maps to an appropriate scale clearly showing (A) the land
to be affected as of the date of application and (B) all types of information
set forth on topographical maps of the United States Geological Survey of a
scale of 1:24,000 or 1:25,000 or larger, including all manmade features and
significant known archeological sites existing on the date of application. Such
a map or plan shall among other things specified by the regulatory authority
show all boundaries of the land to be affected, the boundary lines and names of
present owners of record of all surface areas abutting the permit area, and the
location of all buildings within one thousand feet of the permit area;
35 (14) cross-section maps or plans of the land to be affected including the
actual area to be mined, prepared by or under the direction of and certified by
a qualified registered professional engineer, or professional geologist with
assistance from experts in related fields such as land surveying and landscape
architecture, showing pertinent elevation and location of test borings or core
samplings and depicting the following information: the nature and depth of the
various strata of overburden; the location of subsurface water, if encountered,
and its quality; the nature and thickness of any coal or rider seam above the
coal seam to be mined; the nature of the stratum immediately beneath the coal
seam to be mined; all mineral crop lines and the strike and dip of the coal to
be mined, within the area of land to be affected; existing or previous surface
mining limits; the location and extent of known workings of any underground
mines, including mine openings to the surface; the location of aquifers; the
estimated elevation of the water table; the location of spoil, waste, or refuse
areas and top-soil preservation areas; the location of all impoundments for
waste or erosion control; any settling or water treatment facility; constructed
or natural drainways and the location of any discharges to any surface body of
water on the area of land to be affected or adjacent thereto; and profiles at
appropriate cross sections of the anticipated final surface configuration that
will be achieved pursuant to the operator's proposed reclamation plan;
36 (15) a statement of the result of test borings or core samplings from the
permit area, including logs of the drill holes; the thickness of the coal seam
found, an analysis of the chemical properties of such coal; the sulfur content
of any coal seam; chemical analysis of potentially acid or toxic forming
sections of the overburden; and chemical analysis of the stratum lying
immediately underneath the coal to be mined except that the provisions of this
paragraph (15) may be waived by the regulatory authority with respect to the
specific application by a written determination that such requirements are
unnecessary.
36 (16) for those lands in the permit application which a reconnaissance
inspection suggests may be prime farm lands, a soil survey shall be made or
obtained according to standards established by the Secretary of Agriculture in
order to confirm the exact location of such prime farm lands, if any; and
36 (17) information pertaining to coal seams, test borings, core samplings,
or soil samples as required by this section shall be made available to any
person with an interest which is or may be adversely affected: Provided, That
information which pertains only to the analysis of the chemical and physical
properties of the coal (excepting information regarding such mineral or
elemental content which is potentially toxic in the environment) shall be kept
confidential and not made a matter of public record.
36 (c) If the regulatory authority finds that the probable total annual
production at all locations of any coal surface mining operator will not exceed
100,000 tons, the determination of probable hydrologic consequences required by
subsection (b)(11) and the statement of the result of test borings or core
samplings required by subsection (b)(15) of this section shall, upon the writen
request of the operator be performed by a qualified public or private laboratory
designated by the regulatory authority and the cost of the preparation of such
determination and statement shall be assumed by the regulatory authority.
36 (d) Each applicant for a permit shall be required to submit to the
regulatory authority as part of the permit application a reclamation plan which
shall meet the requirements of this Act.
36 (e) Each applicatnt for a surface coal mining and reclamation permit
shall file a copy of his application for public inspection with the recorder at
the courthouse of the county or an appropriate public office approved by the
regulatory authority where the mining is proposed to occur, except for that
information pertaining to the coal seam itself.
37 (f) Each applicant for a permit shall be required to submit to the
regulatory authority as part of the permit application a certificate issued by
an insurance company authorized to do business in the United States certifying
that the applicant has a public liability insurance policy in force for the
surface mining and reclamation operations for which such permit is sought, or
evidence that the applicant has satisfied other State or Federal self-insurance
requirements. Such policy shall provide for personal injury and property damage
protection in an amount adequate to compensate any persons damaged as a result
of surface coal mining and reclamation operations including use of explosives
and entitled to compensation under the applicable provisions of State law.Such
policy shall be maintained in full force and effect during the terms of the
permit or any renewal, including the length of all reclamation operations.
37 (g) Each applicant for a surface coal mining and reclamation permit shall
submit to the regulatory authority as part of the permit application a
blasting plan which shall outline the procedures and stadards by which the
operator will meet the provisions of section 515(b)(15).
SEC. 508. RECLAMATON PLAN REQUIREMENTS
37(a) Each reclamation plan submitted as part of a permit application
pursuant to any approved State program or a Federal program under the provisions
of this Act shall include, in the degree of detail necessary to demonstrate that
reclamation required by the State or Federal program can be accomplished, a
statement of:
37 (1) the identification of the lands subject to surface coal mining
operations over the estimated life of those operations and the size, sequence,
and timing of the subareas for which it is anticipated that individual permits
for mining will be sought;
37 (2) the condtion of the land to be covered by the permit prior to any
mining including:
37 (A) the uses existing at the time of the application, and if the land has
a history of previous mining, the uses which preceded any mining; and
37 (B) the capability of the land prior to any mining to support a variety
of uses giving consideration to soil and foundation characteristics, topography,
and vegetative cover, and, if applicable, a soil survey prepared pursuant to
section 507(b)(16); and
37 (C) the productivity of the land prior to mining, including appropriate
classification as prime farm lands, as well as the average yield of food, fiber,
forage, or wood products from such lands obtained under high levels of
management;
37 (3) the use which is proposed to be made of the land following
reclamation, including a discussion of the utility and capacity of the reclaimed
land to support a variety of alternative uses and the relationship of such use
to existing land use policies and plans, and the comments of any owner of the
surface, State and local governments or agencies thereof which would have to
initiate, implement, approve or authorize the proposed use of the land following
reclamation;
38 (4) a detailed description of how the proposed postmining land use is to
be achieved and the necessary support activities which may be needed to achieve
the proposed land use;
38 (5) the engineering techniques proposed to be used in mining and
reclamation and a description of the major equipment; a plan for the control of
surface water drainage and of water accumulation; a plan, where appropriate, for
backfilling, soil stabilization, and compacting, grading, and appropriate
revegetation; a plan for soil reconstruction, replacement, and stabilization,
pursuant to the performance standards in section 515(b)(7)(A), (B), (C), and
(D), for those food, forage, and forest lands identified in section 515(b)(7);
an estimate of the cost per acre of the reclamation, including a statement as to
how the permittee plans to comply with each of the requirements set out in
section 515;
38 (6) the consideration which has been given to maximize the utilization
and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future can be minimized;
38 (7) a detailed estimated timetable for the accomplishment of each major
step in the reclamation plan;
38 (8) the consideration which has been given to making the surface mining
and reclamation operations consistent with surface owner plans, and applicable
State and local land use plans and programs;
38 (9) the steps to be taken to comply with applicable air and water quality
laws and regulations and any applicable health and safety standards;
38 (10) the consideration which has been given to developing the reclamation
plan in a manner consistent with local physical environmental, and
climatological conditions;
38 (11) all lands, interests in lands, or options on such interests held by
the applicant or pending bids on interests in lands by the applicant, which
lands are contiguous to the area to be covered by the permit;
38 (12) the results of test boring which the applicant has made at the area
to be covered by the permit, or other equivalent information and data in a form
satisfactory to the regulatory authority, including the location of subsurface
water, and an analysis of the chemical properties including acid forming
properties of the mineral and overburden: Provided, That information which
pertains only to the analysis of the chemical and physical properties of the
coal (excepting information regarding such mineral or elemental contents which
is potentially toxic in the environment) shall be kept confidential and not made
a matter of public record;
38 (13) a detailed description of the measures to be taken during the mining
and reclamation process to assure the protection of:
38 (A) the quality of surface and ground water systems, both on-and of-site,
from adverse effects of the mining and reclamation process;
39(B) the rights of present users to such water; and
39 (C) the quantity of surface and ground water systems, both on- and
off-site, from adverse effects of the mining and reclamation process or to
provide alternative sources of water where such protection of quantity cannot be
assured;
39 (14) such other requirements as the regulatory authority shall prescribe
by regulations.
39 (b) Any information required by this section which is not on public file
pursuant to State law shall be held in confidence by the regulatory authority.
SEC. 509 PERFORMANCE BONDS
39(a) After a surface coal mining and reclamation permit application has
been approved but before such a permit is issued, the applicant shall file with
the regulatory authority, on a form prescribed and furnished by the regulatory
authority, a bond for performance payable, as appropriate, to the United States
or to the State, and conditional upon faithful performance of all the
requirements of this Act and the permit. The bond shall cover that area of land
within the permit area upon which the operator will initiate and conduct surface
coal mining and reclamation operations within the initial term of the permit.
As succeeding increments of surface coal mining and reclamation operations are
to be initiated and conducted within the permit area, the permittee shall file
with the regulatory authority an additional bond or bonds to cover such
increments in accordance with this section. The amount of the bond required for
each bonded area shall depend upon the reclamation requirements of the approved
permit; shall reflect the probable difficulty of reclamation giving
consideration to such factors as topography, geology of the site, hydrology, and
revegetation potential, and shall be determined by the regulatory authority.
The amount of the bond shall be sufficient to assure the completion of the
reclamation plan if the work had to be performed by the regulatory authority in
the event of forfeiture and in no case shall the bond for the entire area under
one permit be less than $10,000.
39 (b) Liability under the bond shall be for the duration of the surface
coal mining and reclamation operation and for a period coincident with
operator's responsibility for revegetation requirements in section 515. The
bond shall be executed by the operator and a corporate surety licensed to do
business in the State where such operation is located, except that the operator
may elect to deposit cash, negotiable bonds of the United States Government or
such State, or negotiable certificates of deposit of any bank organized or
transacting business in the United States. The cash deposit or market value of
such securities shall be equal to or greater than the amount of the bond
required for the bonded area.
39 (c) The regulatory authority may accept the bond of the applicant itself
without separate surety when the applicant demonstrates to the satisfaction of
the regulatory authority the existence of a suitable agent to receive service of
process and a history of financial solvencyand continuous operation sufficient
for authorization to self-insure or bond such amount or in lieu of the
establishment of a bonding program, as set forth in this section, the Secretary
may approve as part of a State or Federal program an alternative system that
will achieve the objectives and purposes of the bonding program pursuant to this
section.
40 (d) Cash or securities so deposited shall be deposited upon the same
terms as the terms upon which surety bonds may be deposited. Such securities
shall be security for the repayment of such negotiable certificate of deposit.
40 (e) The amount of the bond or deposit required and the terms of each
acceptance of the applicant's bond shall be adjusted by the regulatory authority
from time to time as affected land acreages are increased or decreased or where
the cost of future reclamation changes.
SEC. 510. PERMIT APPROVAL OR DENIAL
40(a) Upon the basis of a complete mining application and reclamation plan
or a revision or renewal thereof, as required by this Act and pursuant to an
approved State program or Federal program under the provisions of this Act,
including public notification and an opportunity for a public hearing as
required by section 513, the regulatory authority shall grant, require
modification of, or deny the application for a permit in a reasonable time set
by the regulatory authority and notify the applicant in writing. The applicant
for a permit, or revision of a permit, shall have the burden of establishing
that his application is in compliance with all the requirements of the
applicable State or Federal program. Within ten days after the granting of a
permit, the regulatory authority shall notify the local governmental officials
in the local political subdivision in which the area of land to be affected is
located that a permit has been issued and shall describe the location of the
land.
40 (b) No permit or revision application shall be approved unless the
application affirmatively demonstrates and the regulatory authority finds in
writing on the basis of the information set forth in the application or from
information otherwise available which will be documented in the approval, and
made available to the applicant, that -
40 (1) the permit application is accurate and complete and that all the
requirements of this Act and the State or Federal program have been complied
with;
40 (2) the applicant has demonstrated that reclamation as required by this
Act and the State or Federal program can be accomplished under the reclamation
plan contained in the permit application;
40 (3) the assessment of the probable cumulative impact of all anticipated
mining in the area on the hydrologic balance specified in section 507(b) has
been made by the regulatory authority and the proposed operation thereof has
been designed to prevent material damage to hydrologic balance outside permit
area;
40 (4) the area proposed to be mined is not included within an area
designated unsuitable for surface coal mining pursuant tosection 522 of this Act
or is not within an area under study for such designation in an administrative
proceeding commenced pursuant to section 522(a)(4)(D) or section 522(c) (unless
in such an area as to which an administrative proceeding has commenced pursuant
to section 522(a)(4)(D) of this Act, the operator making the permit application
demonstrates that, prior to January 1, 1977, he has made substantial legal and
financial commitments in relation to the operation for which he is applying for
a permit);
41 (5) the proposed surface coal mining operation, if located west of the
one hundredth meridian west longitude, would -
41 (A) not interrupt, discontinue, or preclude farming on alluvial valley
floors that are irrigated or naturally subirrigated, but, excluding undeveloped
range lands which are not significant to farming on said alluvial valley floors
and those lands as to which the regulatory authority finds that if the farming
that will be interrupted, discontinued, or precluded is of such small acreage as
to be of negligible impact on the farm's agricultural production, or
41 (B) not materially damage the quantity or quality of water in surface or
underground water systems that supply these valley floors in (A) of subsection
(b)(5):
41 Provided, That this paragraph (5) shall not affect those surface coal
mining operations which in the year preceding the enactment of this Act (I)
produced coal in commercial quantities, and were located within or adjacent to
alluvial valley floors or (II) had obtained specific permit approval by the
State regulatory authority to conduct surface coal mining operations within said
alluvial valley floors.
41 With respect to such surface mining operations which would have been
within the purview of the foregoing proviso but for the fact that no coal was so
produced in commercial quantities and no such specific permit approval was so
received, the Secretary, if he determines that substantial financial and legal
commitments were made by an operator prior to January 1, 1977, in connection
with any such operation, is authorized, in accordance with such regulations as
the Secretary may prescribe, to enter into an agreement with that operator
pursuant to which the Secretary may, notwithstanding any other provision of law,
lease other Federal coal deposits to such operator in exchange for the
relinquishment by such operator of his Federal lease covering coal deposits
involving such mining operations, or pursuant to section 206 of Federal Land
Policy and Management Act of 1976, convey to the fee holder of any such coal
deposits involving such mining operations the fee title to other available
Federal coal deposits in exchange for the fee title to such deposits so
involving such mining operations. It is the policy of the Congress that the
Secretary shall develop and carry out a coal exchange program to acquire private
fee coal precluded from being mined by the restrictions of this paragraph (5) in
exchange for Federal coal which is not so precluded. Such exchanges shall be
made under Section 206 of the Federal Land Policy and Management Act of 1976;T
42 (6) in cases where the private mineral estate has been severed from the
private surface estate, the applicant has submitted to the regulatory authority
-
42 (A) the written consent of the surface owner to the extraction of coal by
surface mining methods; or
42 (B) a conveyance that expressly grants or reserves the right to extract
the coal by surface mining methods; or
42 (C) if the conveyance does not expressly grant the right to extract coal
by surface mining methods, the surface-subsurface legal relationship shall be
determined in accordance with State law: Provided, That nothing in this Act
shall be construed to authorize the regulatory authority to adjudicate property
rights disputes.
42 (c) The applicant shall file with his permit application a schedule
listing any and all notices of violations of this Act and any law, rule, or
regulation of the United States or of any department or agency in the United
States pertaining to air or water environmental protection incurred by the
applicant in connection with any surface coal mining operation during the
three-year period prior to the date of application. The schedule shall also
indicate the final resolution of any such notice of violation. Where the
schedule or other information available to the regulatory authority indicates
that any surface coal mining operation owned or controlled by the applicant is
currently in violation of this Act or such other laws referred to this
subsection, the permit shall not be issued until the applicant submits proof
that such violation has been corrected or is in the process of being corrected
to the satisfaction of the regulatory authority, department, or agency which has
jurisdiction over such violation and no permit shall be issued to an applicant
after a finding by the regulatory authority, after opportunity for hearing, that
the applicant, or the operator specified in the application, controls or has
controlled mining operations with a demonstrated pattern of willful violations
of this Act of such nature and duration with such resulting irreparable damage
to the environment as to indicate an intent not to comply with the provisions of
this Act.
42 (d) (1) In addition to finding the application in compliance with
subsection (b) of this section, if the area proposed to be mined contains prime
farmland pursuant to Section 507(b)(16), the regulatory authority shall, after
consultation with the Secretary of Agriculture, and pursuant to regulations
issued hereunder by the Secretary of Interior with the concurrence of the
Secretary of Agriculture, grant a permit to mine on prime farmland if the
regulatory authority finds in writing that the operator has the technological
capability to restore such mined area, within a reasonable time, to equivalent
or higher levels of yield as non-mined prime farmland in the surrounding area
under equivalent levels of management and can meet the soil reconstruction
standards in Section 515(b)(7). Except for compliance with subsection (b), the
requirements of this paragraph (1) shall apply to all permits issued after the
rate of enactment of this Act.
42 (2) Nothing in this subsection shall apply to any permit issued prior to
the date of enactment of this Act, or to any revisions or renewals thereof, or
to any existing surface mining operations for which a permit was issued prior to
the date of enactment of this Act.
SEC. 511. REVISION OF PERMITS
43(a) (1) During the term of the permit the permittee may submit an
application for a revision of the permit, together with a revised reclamation
plan, to the regulatory authority.
43 (2) An application for a revision of a permit shall not be approved
unless the regulatory authority finds that reclamation as required by this Act
and the State or Federal program can be accomplished under the revised
reclamation plan. The revision shall be approved or disapproved within a period
of time established by the State or Feder