Senate Report No. 95-128
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Legislative History Senate Report No. 95-128 |
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Preamble
Mr. METCALF, from the Committee on Energy and Natural Resources, submitted the following
REPORT together with
ADDITIONAL AND MINORITY VIEWS
[To accompany S. 7]
The Committee on Energy and Natural Resources, to which was referred the bill, S. 7, to provide for the cooperation between the
Secretary of the Interior and the States with respect to the regulation of surface mining operations, and the acquisition and
reclamation of abandoned mines, and for other purposes, having considered the same, reports favorably therein with an amendment
and recommends that the bill, as amended, do pass.
TITLE I - STATEMENT OF FINDINGS AND POLICY
SEC. 101 FINDINGS
3 The Congress finds and declares that -
3 (a) extractions 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;
3 (d) 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;
3 (e) because of the diversity in terrain, climate, 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;
3 (f) there are a substantial number of acres of land throughout major regions of the United States disturbed by surface and
underground coal mining, 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;
3 (g) 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;
3 (h) 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
3 (i) 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.
3 It is the purpose of this Act to -
3 (a) establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining
operations;
3 (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;
3 (c) assure that surface mining operations are not conducted where reclamation as required by this Act is not feasible;
4 (d) assure that surface coal mining operations are so conducted as to protect the environment;
4 (e) assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface
coal mining operations;
4 (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;
4 (g) assist the States in developing and implementing a program to achieve the purposes of this Act;
4 (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;
4 (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;
4 (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; and
4 (k) 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.
SEC. 201. CREATION OF THE OFFICE.
4 (a) There is established in the Department of the Interior, the Office of Surface Mining Reclamation and Enforcement
(hereinafter referred to as the "Office").
4 (b) The Office shall have a Director who shall report directly to the Secretary and 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 title 5 of the United States Code, and such other employees as may be required. 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. 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.
4 (c) The Secretary, acting through the Office, shall -
4 (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 decicisions; 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;
4 (2) publish and promulgate such rules and regulations as may be necessary to carry out the purposes and provisions of this Act;
4 (3) administer the State grant-in-aid program for the development of State programs for surface coal mining and reclamation
operations provided for in title V of this Act;
5 (4) administer in lieu of an approved State program the program for the purchase and reclamation of abandoned and
unreclaimed mined areas pursuant to title III of this Act;
5 (5) administer the surface mining and reclamation research and demonstration project authority provided for in this Act;
5 (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;
5 (7) maintain a continuing study of surface mining and reclamation operations in the United States;
5 (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;
5 (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;
5 (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 422;
5 (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;
5 (12) cooperate with other Federal agencies and State regulatory authorities to minimize duplication of inspections, enforcement
and administration of this Act; and
5 (13) perform such other duties as may be provided by law and relate to the purposes of this Act.
5 (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.
5 (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.
5 (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 506) on the actions taken and not taken during the preceding calendar year under this subsection.
5 (g) (1) After the Secretary has adopted the regulations required by section 401 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.
5 (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.
5 (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.
6 (4) Within 90 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 - ABANDONED MINE RECLAMATION
SEC. 301 ABANDONED MINE RECLAMATION FUND .
6 (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.
6 (b) The fund shall consist of amounts deposited in the fund, from time to time, derived from -
6 (1) the sale, lease, or rental of land reclaimed pursuant to this title;
6 (2) any user charge imposed on or for land reclaimed pursuant to this title, after expenditures for maintenance have been
deducted; and
6 (3) the reclamation fees levied under subsection (c) of this section.
6 (c) 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 there shall be no reclamation fee for lignite coal. 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 January 1, 1977, and ending fifteen years after the
date of enactment of this Act unless extended by an Act of Congress.
6 (d) Amounts covered into the fund shall be available for the acquisition and reclamation of land under section 305,
administration of the fund and enforcement and collection of the fee as specified in subsection (d), acquisition and filling of voids
and sealing of tunnels, shafts, and entryways under section 306, and for use under section 304, by the Secretary of Agriculture, of
up to one-fifth of the money deposited in the fund annually and transferred by the Secretary of the Interior to the Secretary of
Agriculture for such purposes. Such amounts shall be available for such purposes only when appropriated therefor; and such
appropriations may be made without fiscal year limitations: Provided, That no new budget is authorized to be appropriated for fiscal
year 1978.
6 (e) The geographic allocation of expenditures from the fund shall reflect both the area from which the revenue was derived as
well as the program needs for the funds. Fifty per centum of the funds collected annually in any State or Indian reservation shall be
expended in that State or Indian reservation by the Secretary or State regulatory authority pursuant to any approved State abandoned
mine reclamation program to accomplish the purposes of this title after receiving and considering the recommendations of the
Governor of that State or the head of the governing body of that tribe having jurisdiction over that reservation, as the case may be:
Provided, however, That if such funds have not been expended within three years after being paid into the fund, they shall be
available for expenditure in any area. 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.
SEC. 302. OBJECTIVES OF FUND.
6 The primary objective for the obligation of funds is the reclamation of areas affected by previous mining; but other
objectives shall reflect the following priorities in the order stated:
6 (a) the protection of health or safety of the public;
6 (b) protection of the environment from continued degradation and the conservation of land and water resources;
6 (c) the protection, construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities
and their use; and
6 (d) the improvement of lands and water to a suitable condition useful in the economic and social development of the area
affected.
SEC. 303. ELIGIBLE LANDS
7 The only lands eligible for reclamation 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. 304. RECLAMATION OF RURAL LANDS
7 (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.
7 (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, residents, 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.
7 (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.
7 (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.
7 (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.
8 (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 hereunder 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.
8 (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.
8 (h) In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Soil Conservation
Service.
8 (i) Funds shall be made available to the Secretary of Agriculture for the purposes of this section, as provided in section 301(c).
SEC. 305. ACQUISITION AND RECLAMATION OF ABANDONED AND UNRECLAIMED MINED LANDS.
8 (a) (1) The Congress declares that the reclamation and, if necessary, acquisition of any interest in land or mineral rights in
order to eliminate hazards to the environment or to the health or safety of the public from mined lands, or to construct, operate, or
manage reclamation facilities and projects constitutes for the purposes of this title reclamation and, if necessary, acquisition for a
public use or purpose, notwithstanding that the Secretary or State regulatory authority pursuant to an approved State abandoned
mine reclamation program plans to hold the interest in land or mineral rights so reclaimed or acquired as an open space or for
recreation, or to resell, if acquired, the land following completion of the reclamation facility or project.
8 (2) The Secretary or State regulatory authority pursuant to an approved State abandoned mine reclamation program may acquire
by purchase, donation, or easement, or otherwise, land or any interest therein which has been affected by surface mining in
accordance with section 303 hereof. Prior to making any acquisition of land under this section, the Secretary or State regulatory
authority pursuant to an approved State abandoned mine reclamation program shall make a thorough study with respect to those
tracts of land which are available for acquisition under this section and based upon those findings he shall select lands for purchase
or acquiring easements according to the priorities established in section 302. Title to all lands or interests therein acquired by the
Secretary shall be taken in the name of the United States. The price paid for land under this section shall take into account the
unrestored condition of the land. Prior to any individual acquisition under this section, the Secretary or the State regulatory authority
pursuant to an approved State abandoned mine reclamation program shall specifically determine the cost of such acquisition and
reclamation and the benefits to the public to be gained therefrom.
8 (3) If the Secretary, or the appropriate regulatory authority pursuant to an approved State program, makes a finding of fact that
(1) a mine fire, refuse bank fire, stream pollution, or subsidence resulting from coal mining operations is at a stage where, in the
public interest, immediate action should be taken: and (2) the owner or owners of the property upon which entry must be made to
combat the mine fire, refuse bank fire, stream pollution, or subsidence resulting from coal mining operations, are not known, are not
readily available, or will not give permission for the Secretary or State regulatory authority, political subdivisions of the State or
municipalities, their agents, employees, or contractors to enter upon such premises, then, upon giving notice by mail to the owner or
owners, if known, or if not known, by posting notice upon the premises and advertising in a newspaper of general circulation in the
area in which the land lies the Secretary, or State regulatory authority, political subdivision of the State or municipalities, their
agents, employees, or contractors shall have a right to enter upon the premises and any other land in order to have access to the
premises to combat the mine fire, refuse bank fire, stream pollution, or subsidence resulting from coal mining operations and do all
things necessary and expedient to do so. Such entry shall not be construed as an act of condemnation of property or of trespass
thereof. The moneys expended for such work and the benefits accruing to any such premises entered upon shall be chargeable
against such lands and shall mitigate or offset any claim in or any action brought by any owner of any interested 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.
9 (4) The Secretary or the State regulatory authority pursuant to an approved abandoned mine reclamation program shall prepare
specifications for the reclamation of lands to be reclaimed or acquired under this section. In preparing these specifications, the
Secretary or State regulatory authority shall utilize the specialized knowledge or experience of any Federal or State department or
agency which can assist him in the development or implementation of the reclamation program required under this title.
9 (5) In selecting lands to be acquired pursuant to this section and in formulating regulations for the making of grants to the States
to acquire lands pursuant to this title, the Secretary shall give priority to lands in their unreclaimed state which will meet the
objectives as stated in section 402 above when reclaimed. For those lands which are reclaimed for public recreational use, the
revenue derived from such lands shall be used first to assure proper maintenance of such facilities thereon and any remaining
moneys shall be deposited in the fund or an appropriate fund established by the State regulatory authority pursuant to an approved
State abandoned mine reclamation program.
9 (6) Where land purchased and reclaimed pursuant to this section is deemed to be suitable for industrial, commercial, residential,
or private recreational development, the Secretary or State regulatory authority pursuant to an approved State abandoned mine
reclamation program may sell such land by public sale under a system of competitive bidding, at not less than fair market value and
under such other regulations as he may promulgate to insure that such lands are put to proper use, as determined by the Secretary or
State regulatory authority. If any such land sold is not put to the use specified by the Secretary or State regulatory authority in the
terms of the sales agreement, then all right, title, and interest in such land shall revert to the United States or appropriate State.
Money received from such sale shall be deposited in the fund or State fund.
9 (7) The Secretary or State regulatory authority shall hold a public hearing, with the appropriate notice, in the county or counties
or the appropriate subdivisions of the State in which lands purchased to be reclaimed pursuant to this title 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 the lands once reclaimed.
9 (8) The Secretary shall utilize available data and information on reclamation needs and measures, including the data and
information developed by the Corps of Engineers in conducting the National Strip Mine Study authorized by section 233 of the
Flood Control Act of 1970. In connection therewith the Secretary may call on the Secretary of the Army, cating through the Chief
of Engineers, to assist him or the State regulatory authority in conducting, operating, or managing reclamation facilities and
projects, including demonstration facilities and projects conducted by the Secretary pursuant to this section.
9 (b) (1) The Secretary is authorized to use money in the fund to acquire, reclaim, and transfer land to any State, or any
department, agency, or instrumentality of a State or of 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 a project to
construct or rehabilitate housing for persons employed in mines or work incidental thereto, persons disabled as the result of such
employment, persons displaced by governmental action, or persons dislocated as the result of natural disasters or catastrophic
failure 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 person, firm, association, or corporation.
9 (2) 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.
9 (3) The Secretary may provide, or contract with public and private organizations to provide information, advice, and technical
assistance, including demonstrations, in furtherance of this subsection.
SEC. 306. FILLING VOIDS AND SEALING TUNNELS
10 (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 without an approved State
program, 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.
10 (b) Funds available for use in carrying out the purpose of this section shall be limited to those funds which must be expended
in the respective States or Indian reservations under the provisions of section 301(e).
10 (c) The Secretary may make expenditures and carry out the purposes of this section without regard to provisions of section
303 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.
10 (d) In those instances where mine waste piles are being reworked for coal 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.
10 (e) The Secretary may acquire by purchase, donation, easement, or otherwise such interest in land as he determines necessary
to carry out the provisions of this section.
SEC. 307. FUND REPORT.
10 Not later than January 1, 1979, and annually thereafter, the Secretary shall report to the Congress on operations under the
fund together with his recommendations as to future uses of the fund.
SEC. 308. TRANSFER OF FUNDS
10 The Secretary of the Interior may transfer funds to other appropriate Federal agencies, in order to carry out the
reclamation activities authorized by this title.
TITLE IV - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING
SUBHEADER: SEC. 401. ENVIRONMENTAL PROTECTION STANDARDS
10 (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 of
subsections 415(b)(2), 415(b)(3), 415(b)(5), 415(b)(10), 415(b)(13), 415(b)(15), 415(b)(19), and 415(d) 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 shall not be promulgated and published by the Secretary
until he has -
10 (A) published proposed regulations in the Federal Register and afforded interested persons and State and local governments a
period of not less than forty-five days after such publication to submit written comments thereon;
10 (B) obtain 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
10 (C) held at least one public hearing on the proposed regulations.
11 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 full promulgation and
publication of the regulations.
11 (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 incorporating the provisions of title IV 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 in accordance with the procedures in section 401(a).
SEC. 402. INITIAL REGULATORY PROCEDURES
11 (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 had obtained a permit from the State's regulatory
authority.
11 (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 after six months from the date of enactment of this Act shall comply, and such permits shall contain
terms requiring compliance with, the provisions of subsections 415(b)(2), 415(b)(3), 415(b)(5), 415(b)(10), 415(b)(13), 415(b)(19),
and 415(c) of this Act. 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.
11 (c) On or 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 which are in operation pursuant to a permit issued before or within six months after the date of
enactment of this Act shall comply with the provisions of subsections 415(b)(2), 415(b)(3), 415(b)(5), 415(b)(10), 415(b)(13),
415(b)(19), and 415nc) of this Act, 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 and operated by a person whose annual production of coal from surface coal mining operations does not
exceed two hundred thousand tons shall not be subject to the provisions of this subsection except with reference to the provision of
subsection 415(c)(1) until thirty months from the date of enactment of this Act.
11 (d) Not later than two months following the approval of a State program pursuant to section 403 or the implementation of a
Federal program pursuant to section 404, regardless of litigation contesting that approval or implementation, all operators of surface
and coal mines who expect to operate 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."
11 (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 in which there is surface coal mining 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 -
11 (1) include inspections of surface coal mine sites which shall be made on a random basis (but at least one inspection for every
site every three 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;
12 (2) provide that upon receipt of inspection reports indicating that any 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 is proposed
to be carried out and such person shall be allowed to accompany the inspector during the inspection;
12 (3) 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;
12 (4) 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;
12 (5) provide that moneys authorized by section 511 shall be available to the Secretary prior to the approval of a State program
pursuant to this Act to reimburse the States for conducting those inspections in which the standards of this Act are enforced and for
the administration of this section.
12 (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 402 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. 403. STATE PROGRAMS
(a) Each State in which there are or may be conducted on lands within such State surface coal mining operations, and which
wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations on such lands, except
as provided in section 421 and title III 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 -
12 (1) a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the
requirements of this Act;
12 (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;
12 (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;
12 (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;
13 (5) establishment of a process for the designation of areas as unsuitable for surface coal mining in accordance with section
422;
13 (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
13 (7) rules and regulations consistent with this Act.
13 (b) The Secretary shall not approve any State program submitted under this section until he has -
13 (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;
13 (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.);
13 (3) held at least one public hearing on the State program within the State; and
13 (4) found that the State has the legal authority and qualified personnel necessary for the enforcement of the environmental
protection standards. The Secretary shall approve or disapprove a State program, in whole or in part, within six full calendar
months after the date of such State program was submitted to him.
13 (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.
13 (d) For the purposes of this section and section 404, 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 III and V of this Act
or in the imposition of a Federal program. Regulation of the surface coal 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 402 of this Act, until such
time as the injunction terminates or for one year, whichever is shorter, at which time the requirements of sections 403 and 404 shall
again be fully applicable.
SEC. 404. 13 FEDERAL PROGRAMS
13 (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 months after the date of enactment of this Act if such State -
13 (1) fails to submit a State program covering surface and coal mining and reclamation operations by the end of the eighteen-
month period beginning on the date of enactment of this Act;
13 (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
13 (3) fails to implement, enforce, or maintain its approved State program as provided for in this Act.
13 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, subsections 422(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.
14 (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 421, of that part of the State program not being
enforced by such State.
14 (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.
14 (d) Permits issued pursuant to an 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 401, to
conform ongoing surface mining and reclamation operations to the requirements of the Federal program.
14 (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 403(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 403(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.
14 (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 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 401, to conform
ongoing surface mining and reclamation operations to the additional State requirements.
14 (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 be preempted and superseded by
the Federal program. The Secretary shall set forth in rules and regulations any State law or regulation which is preempted and
superseded by the Federal program.
14 (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. 406. PERMITS
15 (a) On and after eight months from the date on which a State program is approved by the Secretary, pursuant to section
403 of this Act, or on and after eight months the date on which the Secretary has promulgated a Federal program for a State not
having a State program pursuant to section 404 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 402 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.
15 (b) All permits issued pursuant to the requirements of this Act shall be issued for a term not to exceed five years and shall be
nontransferable: Provided, That 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.
15 (c) A permit shall terminate if the permittee has not commenced the surface coal mining and reclamation operations covered
by such permit within three years of the issuance of the permit: Provided, That with respect to coal to be mined for use in a
synthetic fuel facility, the permittee shall be deemed to have commenced surface mining operations at such time as the construction
of the synthetic fuel facility is initiated.
15 (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 holder of the permit may apply for renewal and such renewal
shall be issued, subsequent to public hearing, if requested, unless the regulatory authority finds in writing that -
15 (A) the terms and conditions of the existing permit are not being satisfactorily met; or
15 (B) the present surface coal mining and reclamation operation is not in full compliance with the environmental protection
standards of this Act and the approved State plan or Federal program pursuant to this Act; or
15 (C) the renewal requested jeopardizes the operator's continuing responsibility on existing permit areas; or
15 (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 409; or
15 (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.
15 (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 revision of a valid permit which addresses any new land areas
shall be subject to the full standards applicable to new applications under this Act.
15 (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. 407. 16 APPLICATION REQUIREMENTS
16 (a) Each application for a surface coal mining and reclamation 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 receiving, 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.
16 (b) The permit application shall be submitted in a manner satisfactory to the regulatory authority and shall contain, among
other things -
16 (1) the names and addresses of (A) the permit applicant; (B) every legal owner of the property (surface and mineral), to be
mined; (C) the holders of any leasehold interest in the property; (D) any purchaser of record of the property under a real estate
contract; (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;
16 (2) the names and addresses of the owners of record of all surface and subsurface areas within five hundred feet of any part of
the permit area;
16 (3) a statement of any current or previous surface coal mining permits in the United States held by the applicant and the permit
identification;
16 (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 or beneficially either alone or with associates, 10 per centum or
more of any class of 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;
16 (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 subsequent to 1960 has been suspended or revoked or has had a
mining bond or similar security deposited in lien of bond forfeited and, if so, a brief explanation of the facts involved;
16 (6) a copy of the applicant's advertisement to be published in a newspaper of general circulation in the locality of the proposal
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;
16 (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.
16 (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;
16 (9) 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.
16 (10) the name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be
discharged;
16 (11) a determination of the 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;
17 (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;
17 (13) an accurate map or plan 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 1:24000 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;
17 (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, with assistance from experts in related fields such as land
surveying, landscape architecture, and geology, 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 topsoil 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;
17 (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; and
17 (16) information pertaining to coal seams, test borings, or core samplings 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.
17 (c) 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 State 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.
17 (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.
17 (e) Each applicant 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.
SEC. 408. RECLAMATION PLAN REQUIREMENTS
18 (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:
18 (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;
18 (2) the condition of the land to be covered by the permit prior to any mining including:
18 (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
18 (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;
18 (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;
18 (4) a detailed description of how the proposed post-mining land use is to be achieved and the necessary support activities
which may be needed to achieve the proposed land use;
18 (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 back filling, soil stabilization,
and compacting, grading, and appropriate revegetation; 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 415;
18 (6) the steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and
safety standards;
18 (7) the consideration which has been given to developing the reclamation plan in a manner consistent with local, physical
environmental, and climatological conditions and current mining and reclamation technologies;
18 (8) the consideration which has been given to insuring the maximum economically practicable recovery of the mineral
resource;
18 (9) a detailed estimated timetable for the accomplishment of each major step in the reclamation plan;
18 (10) 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;
18 (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;
18 (12) the results of test borings which the applicant has made at the area to be covered by the permit, 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 about the mineral shall be withheld by the regulatory authority if the applicant so requests;
18 (13) a detailed description of the measures to be taken during the mining and reclamation process to assure the protection of:
18 (A) the quality of surface and ground water systems, both on- and off-site, from adverse effects of the mining and reclamation
process;
18 (B) the rights of present users to such water; and
19 (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;
19 (14) such other requirements as the regulatory authority shall prescribe by regulation.
19 (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. 409. PERFORMANCE BONDS
19 (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 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.
19 (b) Liability under the bond shall be for the duration of the surface coal mining and reclamation operations and for a period
coincident with operator's responsibility for vegetation requirements in section 415.
19 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.
19 (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 solvency and continuous operation sufficient for authorization to self-insure or bond such amount.
19 (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.
19 (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. 410. PERMIT APPROVAL OR DENIAL
19 (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 413, the regulatory authority shall grant or deny the
application for a permit and notify the applicant in writing no later than six months after submission of the complete mining and
reclamation plan. Within ten days after the granting of a permit, the regulatory authority shall notify the local official who has the
duty of collecting real estate taxes in the local political subdivisions 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.
20 (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 -
20 (1) all the requirements of this Act and the State or Federal program have been complied with;
20 (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;
20 (3) the assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance specified
in section 407(b) has been made by the regulatory authority and the proposed operation thereof has been designed to prevent
significant irreparable offsite damage to hydrologic balance;
20 (4) the area proposed to be mined is not included within an area designated unsuitable for surface coal mining pursuant to
section 422 of this Act or is not within an area under study for such designation in an administrative proceeding commenced
pursuant to section 422(a)(4)(D) or section 422(c) (unless in such an area as to which an administrative proceeding has commenced
pursuant to such sections, the operator making the permit application demonstrates that, prior to the date of enactment of this Act,
he has made substantial legal and financial commitments in relation to the operation for which he is applying for a permit); and
20 (5) the proposed surface coal mining operation, if located west of the one hundredth meridian west longitude, would not have
a substantial adverse effect on alluvial valley floors underlain by unconsolidated stream laid deposits where farming can be
practiced in the form of irrigated, flood irrigated, or naturally subirrigated hay meadows or other crop lands (excluding undeveloped
range lands), where such valley floors are significant to the practice of farming or ranching operations, including potential farming
or ranching operations if such operations are significant and economically feasible: Provided, That this subparagraph (5) shall not
affect those surface coal mining operations which in the year preceding the enactment of this Act (1) produced coal in commercial
quantities, and (2) were located within or adjacent to alluvial valley floors or had obtained specific permit approval by the State
regulatory authority to conduct surface coal mining operations within said alluvial valley floors or for which substantial financial
and legal commitments, as determined by the Secretary, had been made prior to January 1, 1977.
20 (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 one-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 in 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 or 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 provision of this Act.
SEC. 411. REVISION OF PERMITS
20 (a) (1) During the term of the permit the permittee may submit an application, together with a revised reclamation plan,
to the regulatory authority for a revision of the permit.
21 (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 Federal program. The regulatory authority shall
establish guidelines for a determination of the scale or extent of a revision request for which all permit application information
requirements and procedures, including notice and hearings, shall apply: Provided, That any revisions which propose a substantial
change in the intended future use of the land or significant alterations in the Reclamation Plan shall, at a minimum be subject to
notice and hearing requirements.
21 (3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for
another permit.
21 (b) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this Act shall be made without
the written approval of the regulatory authority.
21 (c) The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority, review
outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit:
Provided, That such revision or modification shall be based upon a written finding and subject to notice and hearing requirements
established by the State or Federal program.
SEC. 412. COAL EXPLORATION PERMITS
21 (a) Each State or Federal program for a State shall include a requirement that coal exploration operations which
substantially disturb the natural land surface be conducted in accordance with exploration regulations issued by the regulatory
authority. Such regulations shall include, at a minimum.(1) the requirement that prior to conducting any exploration under this
section, any person must file with the regulatory authority notice of intention to explore and such notice shall include a description
of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the
performance standards in section 415 of this Act of all lands disturbed in exploration, including excavations, roads, drill holes, and
the removal of necessary facilities and equipment.
21 (b) Information submitted to the regulatory authority pursuant to this subsection as confidential concerning trade secrets or
privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the
described area shall not be available for public examination.
21 (c) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of
this section or regulations issued pursuant thereto shall be subject to the provisions of section 418.
21 (d) Coal exploration on Federal lands shall be governed by section 4 of the Federal Coal Leasing Amendments Act of 1975
(90 Stat. 1085).
SEC. 413. PUBLIC NOTICE AND PUBLIC HEARINGS
21 At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing
permit, pursuant to the provisions of this Act or an approved State program, the applicant shall submit to the regulatory authority a
copy of his proposed advertisement of the ownership, precise location, and boundaries of the land to be affected. At the time of
submission such approved advertisement shall be placed by the applicant in a local newspaper of general circulation in the locality
of the proposed surface mine at least once a week for four consecutive weeks. At the time of submission the regulatory authority
shall notify various local governmental bodies, planning agencies, and sewage and water treatment authorities, or water companies
in the locality in which the proposed surface mining will take place, notifying them of the operator's intention to surface mine a
particularly described tract of land and indicating the application's permit number and where a copy of the proposed mining and
reclamation plan may be inspected. These local bodies, agencies, authorities, or companies have obligation to submit written
comments within thirty days of receipt of notification on the mining applications with respect to the effect of the proposed operation
on the environment which are within their area of responsibility. Such comments shall be made available to the public at the same
locations as are the mining applications.
22 (b) Any person with a valid legal interest or the officer or head of any Federal, State, or local governmental agency or
authority shall have the right to file written objections to the proposed initial or revised application for a permit for surface coal
mining and reclamation operation with the regulatory authority within thirty days after the first publication of the above notice. The
regulatory authority shall provide the applicant with copies of all objections and the applicant shall have thirty days thereafter to file
written response with the regulatory authority if he so desires. If written objections are filed and not considered frivolous by the
regulatory authority and a hearing requested, the regulatory authority shall then hold a public hearing in the locality of the proposed
mining or at the option of the objector at the State capital within thirty days of the receipt of such objections: Provided, That
approval or denial of the applications shall be accomplished pursuant to section 410(a). The regulatory authority may arrange with
the applicant upon request by any party to the administrative proceeding access to the proposed mining area for the purpose of
gathering information relevant to the proceeding. At this public hearing, the applicant for a permit shall have the burden of
establishing that his application is in compliance with the applicable State and Federal laws. Not less than ten days prior to any
proposed hearing, the regulatory authority shall respond to the written objections in writing. Such response shall include the
regulatory authority's preliminary proposals as to the terms and conditions, and amount of bond of a possible permit for the area in
question and answers to material factual questions presented in the written objections. The regulatory authority's responsibility
under this subsection shall in any event be to make publicly available its estimate as to any other conditions of mining or
reclamation which may be required or contained in the preliminary proposal. In the event all parties requesting the hearing stipulate
agreement prior to the requested hearings, and withdraw their request, such hearings need not be held.
22 (c) Without prejudice to the rights of the objectors or responsibilities of the regulatory authority pursuant to this section, the
regulatory authority may establish an informal conference procedure to resolve such written objection in lieu of holding a formal
transcribed procedure.
22 (d) The procedures for conduct of hearings under the Act shall be established by the regulatory authority. The Secretary shall
not prescribe such procedures as a condition for approval of a State program.
22 (e) For the purpose of such hearing, the regulatory authority may administer oaths, subpena witnesses, or written or printed
materials, compel attendance of the witnesses, or production of the materials, and take evidence including but not limited to site
inspections of the land to be affected and other surface coal mining operations carried on by the applicant in the general vicinity of
the proposed operation. A verbatim record of each public hearing required by this Act shall be made, and a transcript made
available on the motion of any party or by order of the regulatory authority.
22 (f) Where the lands included in an application for a permit are the subject of a Federal coal lease in connection with which
hearings were held and determinations were made under sections 2(a)(3)(A), (B) and (C) of the Mineral Lands Leasing Act, as
amended (30 U.S.C. 201a) (3)(A), (B) and C), such hearings shall be deemed as to the matters covered to satisfy the requirements of
this section and such determinations shall be deemed to be a part of the record and conclusive for purposes of section 410 and of
this section.
SEC. 414. DECISIONS OF REGULATORY AUTHORITY AND APPEALS
22 (a) If a public hearing has been held pursuant to section 413(b), the regulatory authority shall issue and furnish the
applicant for a permit and persons who are parties to the administrative proceedings with the written finding of the regulatory
authority, granting or denying the permit in whole or in part and stating the reasons therefor, within thirty days of said hearings.
22 (b) If there has been no public hearing held pursuant to sections 413(b), the regulatory authority shall notify the applicant for a
permit no later than six months after the date on which a complete application was filed, whether the application has been approved
or disapproved. If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor
must be set forth in the notification. Within thirty days after the applicant is notified that the permit or any portion thereof has been
denied, the applicant may request a hearing on the reasons for the said disapproval. The regulatory authority shall hold a hearing
within thirty days of such request and provide notification to all interested parties at the time that the applicant is so notified.
Within thirty days after the hearing the regulatory authority shall issue and furnish the applicant, and all persons who participated in
the hearing pursuant to section 413(b) with the written decision of the regulatory authority granting or denying the permit in whole
or in part and stating the reasons therefor.
23 (c) Any applicant, or any other party to the administrative proceeding who filed written objections and participated in the
hearing if one was held, and who is aggrieved by the decision or by the failure of the regulatory authority to act within the time
limits specified in this section and in section 413 of this Act, shall have the right of appeal in accordance with sections 426 of this
Act.
SEC. 415. ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
23 (a) Any permit issued under any approved State or Federal program pursuant to this Act to conduct surface coal mining
operations shall require that such surface coal mining operations will meet all applicable performance standards of this Act, and
such other requirements as the regulatory authority shall promulgate.
23 (b) General performance standards shall be applicable to all surface coal mining and reclamation operations and shall require
the operator as a minimum to -
23 (1) conduct surface coal mining operations so as to maximize the utilization and conservation of the solid fuel resource being
recovered by using the best technology currently available so that reaffecting the land in the future through surface coal mining can
be minimized;
23 (2) restore the land affected to a condition at least fully capable of supporting the uses which it was capable of supporting prior
to any mining. or higher or better uses of which there is a reasonable likelihood, so long as such use or uses do not present any
actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or degradation below
water quality standards established pursuant to applicable Federal and State law and the permit applicants' declared proposed land
use following reclamation is not deemed to be (i) impractical or unreasonable, (ii) inconsistent with applicable land use policies and
plans, (iii) involving unreasonable delay in implementation, or (iv) violative of Federal, State, or local law;
23 (3) with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent
leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles
and depressions eliminated (unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise
authorized pursuant to this Act): Provided, however, That in surface coal mining which is carried out at the same location over a
substantial period of time where the operation transects the coal deposit, and the thickness of the coal deposits relative to the
volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a
particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consideration to
volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade, and compact
(where advisable) using all available overburden and other spoil and waste materials to attain the lowest practicable grade but not
more than the angle of repose, to provide adequate drainage and to cover all acid-forming and other toxic materials, in order to
achieve an ecologically sound land use compatible with the surrounding region: And provided further, That in surface coal mining
where the volume of overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that due to
volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation
is more than sufficient to restore the approximate original contour, the operator shall after restoring the approximate contour,
backfill, grade, and compact (where advisable) the excess overburden and other spoil and waste materials to attain the lowest grade
but not more than the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve an ecologically
sound land use compatible with the surrounding region and that such overburden or spoil shall be shaped and graded in such way as
to prevent slides, erosion, and water pollution and is revegetated in accordance with the requirements of this Act: And provided
further, That in surface coal mining where the mining operation will remove an entire coal seam or seams running through the upper
section of a mountain, ridge or hill by removing all of the overburden and creating a level plateau or a gently rolling contour with no
high walls remaining, and capable of supporting postmining agricultural, industrial, commercial, residential, or public facility uses,
the requirements of this section with respect to restoration to approximate original contour with all high walls, spoil piles and
depressions eliminated shall not be applicable.
24 (4) stabilize and protect all surface areas including spoil piles affected by the surface coal mining and reclamation operation to
effectively control erosion and attendant air and water pollution;
24 (5) remove the topsoil from the land in a separate layer, replace it on the backfill area, or if not utilized immediately, segregate
it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid
deterioration of the topsoil, maintain a successful cover by quick growing plant or other means thereafter so that the topsoil is
preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a usable
condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality
for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall
remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation;
24 (6) restore the topsoil or the best available subsoil which is best able to support vegetation;
24 (7) protect offsite areas from slides or damage occurring during the surface coal mining and reclamation operations, and not
deposit spoil material or locate any part of the operations or waste accumulations outside the permit area;
24 (8) create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water on
mining sites as part of reclamation activities only when it is adequately demonstrated that -
24 (A) the size of the impoundment is adequate for its intended purposes;
24 (B) the impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety
compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. 1006);
24 (C) the quality of impounded water will be suitable on a permanent basis for its intended use and that discharges from the
impoundment will not degrade the water quality below water quality standards established pursuant to applicable Federal and State
law in the receiving stream;
24 (D) the level of water will be reasonably stable;
24 (E) final grading will provide adequate safety and access for proposed water users; and
24 (F) such water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or
surrounding landowners for agricultural, industrial, recreational, or domestic uses;
24 (9) seal all auger holes with an impervious and noncombustible material in order to prevent drainage except where the
regulatory authority determines that the resulting impoundment of water in such auger holes may create a hazard to the environment
or the public health or safety;
24 (10) minimize the disturbances to the prevailing hydrologic balance at the mine-site and in associated offsite areas and to the
quality and quantity of water in surface and ground water systems both during and after surface coal mining operations and during
reclamation by
24 (A) avoiding acid or other toxic mine drainage by such measures as, but not limited to -
24 (i) preventing or removing water from contact with toxic producing deposits;
25 (ii) treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses;
25 (iii) casing, sealing, or otherwise managing boreholes, shafts, and wells and keep acid or other toxic drainage from entering
ground and surface waters;
25 (B) (i) conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently
available, additional contributions of suspended solids to streamflow or runoff outside the permit area above natural levels under
seasonal flow conditions as measured prior to any mining, and avoiding channel deepening or enlargement in operations requiring
the discharge of water from mines;
25 (ii) constructing any siltation structures pursuant to subparagraph (B)(i) of this subsection prior to commencement of surface
coal mining operations, such structures to be certified by a qualified registered engineer to be constructed as designed and as
approved in the reclamation plan;
25 (C) removing temporary or large siltation structures from drainways after disturbed areas are revegetated and stabilized;
25 (D) restoring recharge capacity of the mined area to approximate premining conditions;
25 (E) replacing the water supply of an owner of interest in real property who obtains all or part of his supply of water for
domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been
affected by contamination, diminution or interruption proximately resulting from mining;
25 (F) preserving throughout the mining and reclamation process the essential hydrologic functions of alluvial valley floors in the
arid and semiarid areas of the country; and
25 (G) such other actions as the regulatory authority may prescribe;
25 (11) with respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the
mine working or excavations, stabilize all waste piles in designated areas through construction in compacted layers including the
use of incombustible and impervious materials if necessary and assure the final contour of the waste pile will be compatible with
natural surroundings and that the site can and will be stabilized and revegetated according to the provisions of this Act;
25 (12) refrain from surface coal mining within five hundred feet from active and abandoned underground mines in order to
prevent breakthroughs and to protect health or safety of miners: Provided, That the regulatory authority shall permit an operator to
mine closer to an abandoned underground mine: Provided, That this does not create hazards to the health and safety of miners; or
shall permit an operator to mine near, through or partially through an abandoned underground mine working where such mining
through will achieve improved resources recovery, abatement of water pollution or elimination of public hazards and such mining
shall be consistent with the provisions of the Act;
25 (13) design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards
and criteria developed pursuant to subsection (c) of this section, all existing and new coal mine waste piles consisting of mine
wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or
embankments;
25 (14) insure that all debris, acid forming materials, toxic materials, or materials constituting a fire hazard are buried and
compacted or otherwise disposed of in a manner designed to prevent contamination of ground or surface waters and that
contingency plans are developed to prevent sustained combustion;
25 (15) insure that explosives are used only in accordance with existing State and Federal law and the regulations promulgated by
the regulatory authority, which shall include provisions to -
25 (A) provide adequate advance written notice by publication and/or posting of the planned blasting schedule to designated units
of local governments and to residents who might be affected by the use of such explosives and maintain for a period of at least two
years a log of the magnitudes and times of blasts which shall be available to the public; and
26 (B) limit the type of explosives and detonating equipment, the size, the timing and frequency of blasts based upon the physical
conditions of the site so as to prevent (i) injury to persons, (ii) damage to public and private property outside the permit area, (iii)
adverse impacts on any underground mine, and (iv) change in the course, channel, or availability of ground or surface water outside
the permit area;
26 (C) require that all blasting operations be conducted by trained and competent persons as certified by the regulatory authority.
26 (16) insure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable
with the surface coal mining operations: Provided, however, That where the applicant proposes to combine surface mining
operations with underground mining operations to assure maximum practical recovery of the mineral resources, the regulatory
authority may grant a variance for specific areas within the reclamation plan from the requirement that reclamation efforts proceed
as contemporaneously as practicable to permit underground mining operations prior to reclamation:
26 (A) if the regulatory authority finds in writing that:
26 (i) the applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining
operations;
26 (ii) the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the
mineral resource and will avoid multiple disturbance of the surface;
26 (iii) the applicant has satisfactorily demonstrated that the plan for the underground mining operations conforms to
requirements for underground mining in the jurisdiction and that permits necessary for the underground mining operations have
been issued by the appropriate authority;
26 (iv) the areas proposed for the variance have been shown by the applicant to be necessary for the implementing of the
proposed underground mining operations;
26 (v) no substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of
reclamation as required by this Act;
26 (vi) provisions for the off-site storage of spoil will comply with section 415(d)(1);
26 (B) if the Secretary has promulgated specific regulations to govern the granting of such variances in accordance with the
provisions of this subsection and section 401, and has imposed such additional requirements as he deems necessary;
26 (C) if variances granted under the provisions of this subsection are to be reviewed by the regulatory authority not more than
three years from the date of issuance of the permit; and
26 (D) if liability under the bond filed by the applicant with the regulatory authority pursuant to section 409(b) shall be for the
duration of the underground mining operations and until the requirements of sections 415(b) and 419 have been fully complied with.
26 (17) insure that the construction, maintenance, and postmining conditions of access roads into and across the site of operations
will control or prevent erosion and siltation, pollution of water, damage to fish or wildlife or their habitat, or public or private
property to the extent that the operator retains legal control of the access roads in question: Provided , That the regulatory authority
may permit the retention after mining of certain access roads where consistent with State and local land use plans and programs and
where necessary may permit a limited exception to the restoration of approximate original contour for that purpose;
26 (18) refrain from the construction of roads or other access ways up a stream bed or drainage channel or in such proximity to
such channel so as to seriously alter the normal flow of water;
26 (19) establish on the regraded areas, and all other lands affected, a diverse, effective, and permanent vegetative cover native to
the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural
vegetation of the area; except that introduced species may be used in the revegetation process where desirable and necessary to
achieve the approved postmining land use plan;
27 (20) assume the responsibility for successful revegetation, as required by paragraph (19) above, for a period of five full years
after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with paragraph (19)
above, except in those areas or regions of the country where the annual average precipitation is twenty-six inches or less, then the
operator's assumption of responsibility and liability will extend for a period of ten full years after the last year of augmented
seeding, fertilizing, irrigation, or other work: Provided, That when the regulatory authority approves a long-term intensive
agricultural postmining land use, the applicable five or ten-year period of responsibility for revegetation shall commence at the date
of initial planting for such long-term intensive agricultural postmining land use: Provided further, That when the regulatory
authority issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and
reclamation plan, the authority may grant exception to the provisions of paragraph (19) above;
27 (21) provide for an undisturbed natural barrier beginning at the elevation of the lowest coal seam to be mined and extending
from the outslope for such distance as the regulatory authority shall determine shall be retained in place as a barrier to slides and
erosion; and
27 (22) meet such other criteria as are necessary to achieve reclamation in accordance with the purposes of this Act, taking into
consideration the physical, climatological, and other characteristics of the site.
27 (c) The following performance standards shall be applicable to steep-slope surface coal mining and shall be in addition to
those general performance standards required by this section: Provided, however, That the provisions of this subsection (d) shall not
apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is
encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area or, except for provisions of
subparagraph (1) of this subsection, to those situations where the mining operation will remove an entire coal seam or seams
running through the upper section 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, and in granting a permit for such a mining operation the regulatory authority
shall require that -
27 (A) the toe of the lowest coal seam mined and the overburden associated with it are retained in place as a barrier to slides and
erosion;
27 (B) the reclaimed area is stable;
27 (C) the resulting plateau of rolling contour drains inward from the outslopes except at specified points;
27 (D) no damage will be done to natural water courses;
27 (E) all excess spoil material not retained on the mountaintop be placed in a valley fill utilizing french rock drains constructed
through the complete height of the fill to insure maximum drainage control unless the operator demonstrates that more advanced
techniques achieving an equal or higher level of drainage control are feasible;
27 (F) all other requirements of this Act will be met; and
27 (G) the regulatory authority shall promulgate specific regulations to govern the granting of permits and may impose such
additional requirements as he deems to be necessary.
27 (1) Insure that when performing surface coal mining on steep slopes, no debris, abandoned or disabled equipment, spoil
material, or waste mineral matter be placed on the downslope below the bench or mining cut, except that where necessary soil or
spoil material from the initial block or short linear cut of earth necessary to obtain initial access to the coal seam in a new surface
coal mining operation can be placed on a limited and specified area of the downslope below the initial cut if the permittee
demonstrates that such soil or spoil material will not slide and that the other requirements of this subsection can still be met:
Provided, That spoil material in excess of that required for the reconstruction of the approximate original contour under the
provisions of paragraph 415(b)(3) or 415(c)(2) or excess spoil from a surface coal mining operation granted a permit under
subsection 415(c) may be permanently stored at such offsite spoil storage areas in such a manner as to assure that -
27 (A) spoil is transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure
mass stability and to prevent mass movement;
28 (B) the areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil
placement;
28 (C) appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and
movement;
28 (D) the disposal area does not contain springs, natural water courses or wet weather seeps unless lateral drains are constructed
from the wet areas to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented;
28 (E) if placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the
regulatory authority, the spoil could be placed in compliance with all the requirements of this Act, and shall be placed, where
possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass
movement;
28 (F) where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is
constructed;
28 (G) the final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses;
28 (H) design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with
professional standards; and
28 (I) all other provisions of this Act are met.
28 (2) Complete backfilling with spoil material shall be required to cover completely the highwall and return the site to the
approximate original contour, which material will maintain stability following mining and reclamation.
28 (3) The operator may not disturb land above the top of the highwall unless the regulatory authority finds that such disturbance
will facilitate compliance with the environmental protection standards of this section: Provided, however, That the land disturbed
above the highway shall be limited to that amount necessary to facilitate said compliance.
28 (4) For the purposes of this section, the term "steep slope" is any slope above twenty degrees or such lesser slope as may be
defined by the regulatory authority after consideration of soil, climate, and other characteristics of a region or State.
28 (d) The Secretary, with the written concurrence of the Chief of Engineers, shall establish within one hundred and thirty-five
days from the date of enactment, standards and criteria regulating the design, location, construction, operation, maintenance,
enlargement, modification, removal, and abandonment of new and existing coal mine waste piles referred to in section 415(b)(13)
and section 415(b)(5). Such standards and criteria shall conform to the standards and criteria used by the Chief of Engineers to
insure that flood control structures are safe and effectively perform their intended function. In addition to engineering and other
technical specifications the standards and criteria developed pursuant to this subsection must include provisions for: review and
approval of plans and specifications prior to construction, enlargement, modification, removal, or abandonment; performance of
periodic inspections during construction; issuance of certificates of approval upon completion of construction; performance of
periodic safety inspections; and issuance of notices for required remedial or maintenance work.
SEC. 416. SURFACE EFFECTS OF UNDERGROUND COAL MINING OPERATIONS
28 (a) The Secretary shall promulgate rules and regulations directed toward the surface effects of underground coal mining
operations, embodying the following requirements and in accordance with the procedures established under section 401 of this Act:
Provided, however, That in adopting any rules and regulations the Secretary shall consider the distinct difference between surface
coal mining and underground coal mining. Such rules and regulations shall not conflict with nor supersede any provision of the
Federal Coal Mine Health and Safety Act of 1969 nor any regulation issued pursuant thereto, and shall not be promulgated until the
Secretary has obtained the written concurrence of the head of the department which administers such Act.
28 (b) Each permit issued under any approved State or Federal program pursuant to this Act and relating to underground coal
mining shall require the operator to -
28 (1) adopt measures consistent with known technology in order to prevent subsidence to the extent technologically and
economically feasible, maximize mine stability, and maintain the value and use of such surface lands, except in those instances
where the mining technology used requires planned subsidence in a predictable and controlled manner: Provided, That nothing in
this subsection shall be construed to prohibit the standard methods of room and pillar continuous or conventional mining;
29 (2) seal all portals, entryways, drifts, shafts, or other openings between the surface and underground mine working when no
longer needed for the conduct of the mining operations;
29 (3) fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically
feasible return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or
excavations;
29 (4) with respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the
mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction in
compacted layers including the use of incombustible and impervious materials if necessary and assure that the leachate will not
degrade below water quality standards established pursuant to applicable Federal and State law surface or ground waters and that
the final contour of the waste accumulation will be compatible with natural surroundings and that the site is stabilized and
revegetated according to the provisions of this section;
29 (5) design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards
and criteria developed pursuant to section 415(e), all existing and new coal mine waste piles consisting of mine wastes, tailings,
coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or embankments;
29 (6) establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover capable of self-
regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area;
29 (7) protect offsite areas from damages which may result from such mining operations;
29 (8) eliminate fire hazards and otherwise eliminate conditions which constitute a hazard to health and safety of the public;
29 (9) minimize the disturbances of the prevailing hydrologic balance at the minesite and in associated offsite areas and to the
quantity of water in surface ground water systems both during and after coal mining operations and during reclamation by -
29 (A) avoiding acid or other toxic mine drainage by such measures as, but not limited to -
29 (i) preventing or removing water from contact with toxic producing deposits;
29 (ii) treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses;
29 (iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering
ground and surface waters; and
29 (B) conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently
available, additional contributions of suspended solids to streamflow or runoff outside the permit area above natural levels under
seasonal flow conditions as measured prior to any mining, and avoiding channel deepening or enlargement in operations requiring
the discharge of water from mines;
29 (10) to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable;
29 (11) with respect to other surface impacts not specified in this subsection including the construction of new roads or the
improvement or use of existing roads to gain access to the site of such activities and for haulage, repair areas, storage areas,
processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the
surface resulting from or incident to such activities operate in accordance with the standards established under section 415 of this
title for such effects which result from surface coal mining operations: Provided, That the Secretary shall make such modifications
in the requirements imposed by this subparagraph as are necessary to accommodate the distinct difference between surface and
underground coal mining;
30 (12) locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to
prevent a gravity discharge of water from the mine.
30 (c) In order to protect the stability of the land, the regulatory authority shall suspend underground coal mining under urbanized
areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent
streams if he finds imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.
30 (d) The provisions of title IV of this Act relating to State and Federal programs, permits, bonds, inspections and enforcement,
public review, and administrative and judicial review shall be applicable to surface operations and surface impacts incident to an
underground coal mine with such modifications to the permits application requirements, permit approval or denial procedures, and
bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining. The
Secretary shall promulgate such modifications in accordance with the rulemaking procedure established in section 401 of this Act.
SEC. 417. INSPECTIONS AND MONITORING
30 (a) The Secretary shall cause to be made such inspections of any surface coal mining and reclamation operations as are
necessary to evaluate the administration of approved State programs, or to develop or enforce any Federal program, and for such
purposes authorized representatives of the Secretary shall have a right of entry to, upon, or through any surface coal mining and
reclamation operations.
30 (b) For the purpose of developing or assisting in the development, administration, and enforcement of any approved State or
Federal program under this Act or in the administration and enforcement of any permit under this Act or of determining whether
any person is in violation of any requirement of any such State or Federal program or any other requirement of this Act -
30 (1) the regulatory authority shall require any permittee to (A) establish and maintain appropriate records, (B) make monthly
reports to the regulatory authority, (C) install, use, and maintain any necessary monitoring equipment or methods, (D) evaluate
results in accordance with such methods, at such locations, intervals, and in such manner as a regulatory authority shall prescribe,
and (E) provide such other information relative to surface coal mining and reclamation operations as the regulatory authority deems
reasonable and necessary;
30 (2) for those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which
significantly insure the hydrologic balance of water use either on or off the mining site, the regulatory authority shall specify those -
30 (A) monitoring sites to record the quantity and quality of surface drainage above and below the minesite as well as in the
potential zone of influence;
30 (B) monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and
also directly below the lower most (deepest) coal seam to be mined;
30 (C) records of well logs and borehole data to be maintained; and
30 (D) monitoring sites to record precipitation.
30 The monitoring data collection, and analysis required by this section shall be conducted according to standards and procedures
set forth by the regulatory authority in order to assure their reliability and validity; and
30 (3) the authorized representatives of the regulatory authority, with or without advance notice and upon presentation of
appropriate credentials (A) shall have the right of entry to, upon, or through any surface coal mining and reclamation operations or
any premises in which any records required to be maintained under paragraph (1) of this subsection are located; and (B) may at
reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operation
required under this Act.
31 (c) The inspections by the regulatory authority shall (1) occur on an irregular basis averaging not less than one inspection per
month for the surface coal mining and reclamation operations covered by each permit; (2) occur without prior notice to the
permittee or his agents or employees except for necessary onsite meetings with the permittee; and (3) include the filing of inspection
reports adequate to enforce the requirements of and to carry out the terms and purposes of this Act and the regulatory authority shall
make copies of such inspection reports immediately and freely available to the public at a central location in the pertinent
geographic area of mining. The Secretary or regulatory authority shall establish a system of continual rotation of inspectors so that
the same inspector does not consistently visit the same operations.
31 (d) Each permittee shall conspicuously maintain at the entrances to the surface coal mining and reclamati