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OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Library of COALEX Research Reports
COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).
COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.
Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.
COALEX STATE INQUIRY REPORT - 201
December 1991
Karen Rippy, Esquire
Department of Law
5th Floor
Capital Plaza Tower
Frankfort, Kentucky 40611
TOPIC: LEGISLATIVE HISTORY OF PHRASE "OWNED OR CONTROLLED" [SMCRA 510(c)]
INQUIRY: In complying with its agreement, a coal mining company will list all permits it is associated with and correct any outstanding violations. SMCRA sec. 510(c) states that the company must list violations "during the three year period prior to the date [of the company's permit] application." What legislative history is available which discusses the time-frame aspect of providing violation and "ownership and control" information on the permit application? This information is needed as soon as possible.
SEARCH RESULTS: Research was conducted using the legislative history material available in the COALEX Library.
No explanation was identified for the House-Senate Conference Committee's establishing three years as the period for listing prior violations. The summary of House and Senate requirements of what in the final version became Section 510(c) [numbered 410(c) in Senate versions] appears below. A table of requirements from prior versions of House and Senate bills and two excerpts from House Reports are attached. Copies of excerpts from the bills, House and Senate Reports and a portion of a recent brief discussing 510(c) are included for background.
SUMMARY OF THE LEGISLATIVE HISTORY OF 510(c) [410(c)]
House versions prior to April, 1977 require listing violations for a one-year period prior to the date of application. The April 1, 1977 Bill changed the requirement to a five-year period. No explanation for the change was identified.
All Senate versions require listing violations for a one-year period.
The Conference Committee for the final bill settled on a three-year period. There was no explanation in the Report for the change to the three-year period.
LEGISLATIVE HISTORY: BILLS
HOUSE
| BILL |
BILL DATE |
TIME PERIOD |
|---|---|---|
HR 11500; 93rd Cong., 2nd Sess. |
05/30/75 |
1 year |
HR 25; 94th Cong., 1st Sess. |
01/14/75 |
1 year |
|
03/06/75 |
1 year |
|
03/20/75 |
1 year |
|
05/02/75 |
1 year |
HR 9725; 94th Cong., 1st Sess. |
05/02/75 |
1 year |
|
09/19/75 |
1 year |
HR 9725; 94th Cong., 2nd Sess. |
03/12/76 |
1 year |
HR 13950; 94th Cong., 2nd Sess. |
05/21/76 |
1 year |
|
08/31/76 |
1 year |
HR 2; 95th Cong., 1st Sess. |
01/04/77 |
\ 1 year |
|
04/01/77 |
1 year |
|
04/22/77 |
1 year |
|
05/05/77 |
1 year |
SENATE
| BILL |
BILL DATE |
TIME PERIOD |
|---|---|---|
S 425; 93rd Cong., 2nd Sess. |
12/05/74 |
1 year |
S 7; 94th Cong., 1st Sess. |
01/15/75 |
1 year |
|
03/05/75 |
1 year |
S 7; 95th Cong., 1st Sess. |
01/10/77 |
1 year |
|
05/10/77 |
1 year |
CONFERENCE COMMITTEE
| BILL |
BILL DATE |
TIME PERIOD |
|---|---|---|
HR 2; 95th Cong., 1st Sess. |
07/12/77 |
3 years |
EXCERPTS FROM HOUSE REPORTS
HOUSE
House Committee on Interior and Insular Affairs. H.R. Rep. 95-218, 95th Cong., 1st Sess. 6 (April 22, 1977; H.R. 2). Major modifications. Section 510(c) Application requirement.
"Under the committee amendment, the applicant is to supply information regarding previous violations of environmental laws for a period of 5 years prior to the date of application. (As opposed to the original text of H.R. 2 which required this information for only 1 year.)"
CONFERENCE COMMITTEE
Conference Committee. Bill, H.R. 2, 95th Cong., 1st Sess. 42 (July 12, 1977; H.R. Rep. 95-493). Section 510(c) Permit approval or denial.
"...in connection with any surface coal mining operation during the three-year period prior to the date of application."
ATTACHMENTS
- Excerpts from House and Senate bills re: 510(c) [410(c)]
- HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 93-1072, 93rd Cong., 2nd Sess. (May 30, 1974; H.R. 11500). Excerpts from Additional Views. C. SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. S Rep. 28, 94th Cong., 1st Sess. 210 (March 5, 1975; S. 7). Excerpts from Section-by-Section Analysis.
- HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 94-45, 94th Cong., 1st Sess. 151 (March 6, 1975; H.R. 25). Excerpts from Supplemental Views.
- HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 94-1445, 94th Cong., 2nd Sess. 115 (August 31, 1976; H.R. 13950). Excerpts from Section-by-Section Analysis.
- HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 95-218, 95th Cong., 1st Sess. 66 (April 22, 1977; H.R. 2). Excerpts from Major Modifications.
- HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 95-218, 95th Cong., 1st Sess. 172 (April 22, 1977; H.R. 2). Excerpts from Section-by-Section Analysis.
- SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES. S. Rep. 45-128, 95th Cong., 1st Sess. 79 (May 10, 1977; S. 7). Excerpts from Section-by-Section Analysis.
- CONFERENCE COMMITTEE. H.R. Rep. 95-493, 95th Cong., 1st Sess. 103 (July 12, 1977; H.R. 2). Excerpts from Overview of Conference Decisions.
- Excerpts from Indiana Brief.
Research conducted by: Joyce Zweben Scall