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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 - 313

February 1995

IMCC
459 B Carlisle Drive
Herndon, Virginia 22070

TOPIC: LEGISLATIVE HISTORY OF SURFACE MINING REGULATION

INQUIRY: When was the first bill to regulate surface mining introduced in Congress? Did the states adopt surface mining regulations prior to SMCRA - if so, when?

SEARCH RESULTS: Materials describing the early history of federal and state regulation of surface coal mining were identified using the COALEX Library in LEXIS. The retrieved information is summarized below. Copies of the legislative history items are attached.


FEDERAL LEGISLATIVE HISTORY

The Environmental Policy Division of the Library of Congress' Congressional Research Service prepared a legislative history of congressional proposals affecting the surface mining of coal for the Senate Committee on Interior and Insular Affairs which became part of the Committee Print in September, 1971. The summary of post-1971 legislative history of SMCRA comes from subsequent congressional reports.

YEAR(S)

ACTION

1915

Figures for production of bituminous coal by strip mining date back to this year.

1930's

Strip-mined coal represented 10 percent of total production.

1940

H.R. 10079 introduced by Rep. Everett McKinley Dirksen. Bill would have required the posting of a performance bond to cover the cost of reclamation and the filling in the hole or hollow caused by surface mining with spoil "to make the contour of the land approximately the same as before the mining operation was begun."

1949

H.R.4970 introduced by Rep. Hays of Arkansas. Bill provided for cooperative programs between the Secretary of Agriculture and state officials to survey damages from surface mining and to recommend systems of restoration.

1951

H.R. 4970 was re-introduced as H.R. 2708.

1959

Bill proposing a nationwide study by the Secretary of Interior to address such matters as: strip mine safety, hazards to public health and safety, fish and wildlife effects, and benefits from reclamation was introduced from 1959 to 1965.

1963

House Joint Resolution 363 introduced by Rep. Dent, directing the Secretary of Agriculture to terminate strip mining of coal in national forests.

1965

Appalachian Regional Development Act of 1965 (P.L. 89-4) provided for the study which was published in 1967 and titled "Surface Mining and Our Environment".

1965-67
(89 Cong)

1. S. 2688 (2668 ?) introduced by Senator Nelson provided for regulation of surface mining, reclamation of active mines and previously mined areas, filing a reclamation plan, posting a performance bond, possible state administration of an approved program, etc.;
2. S. 3882 introduced by Sens. Lausche and Douglas provided for surface mining standards and reclamation requirements, state administration of an approved program, grants to states, restoration of previously mined areas, establishment of a mined lands reclamation fund, etc.;
3. H.R. 18242 introduced by Rep. Whalley was the companion bill to S. 3882;
4. H.R. 17116, a modified version of H.R. 17013, introduced by Rep. Moeller called for the Secretary of Agriculture to assist the states in developing mined land reclamation programs. Similar bills were introduced by Reps. Kee and Moore, and re-introduced in the 90th Cong.

1967-69
(90 Cong)

1. First hearings held on surface mining were conducted by the Senate Interior and Insular Affairs Committee on S. 217, S. 3126 and S. 3132;
2. S. 217 was similar to S. 3883 though some changes were made by Sen. Lausche;
3. S. 3126, introduced by Sen. Nelson, differed from his earlier bill, S. 2688 (2668 ?) and had some provisions similar to the Lausche bill.

1968

1. S. 3132 introduced by Sen. Jackson provided the states rather than the federal government with responsibility to develop programs to regulate surface mining operations;
2. H.R. 6854 introduced by Rep. Kee. Hearings held by the House Subcommittee on Watershed Development of the Committee on Public Works were not printed;
3. S. 2040, companion bill to H.R. 6854, was introduced by Sens. Randolph, Cooper and Nelson.

1967-71
(91 Cong)

1. H.R. 222, identical to S. 217, introduced by Rep. Hechler;
2. H.R. 659, identical to S. 3132, introduced by Rep. Saylor;
3. S. 524, the companion to H.R. 659, introduced by Sen. Jackson;
4. S. 3491 introduced by Sen. Nelson was a re-introduced version of his S. 3126;
5. H.R. 17569, the companion bill to S. 3491, introduced by Rep. Hechler.

1971-73
(92 Cong)

10 bills were introduced in the Senate.

9/1972

S. 630. After hearings and field investigations held by the Subcommittee on Minerals, Materials and Fuels of the Senate Committee on Interior and Insular Affairs, S. 630, originally introduced by Sen. Jackson, was reported unanimously by the Full Committee.

10/1972

H.R. 6482 was passed by the House.

1973-1975
(93 Cong)

A number of bills were introduced and hearings held in both the House and Senate.

10/1973

S. 425 was passed by the Senate.

12/1974

1. Conference Report passed by both houses;
2. S. 425, The Surface Mining Control and Reclamation Act of 1974, Rep. 93-1152, 93rd Cong., 2nd Sess. (December 5, 1974) was "pocket-vetoed" by the President following the adjournment of that Congress (December 30, 1974).

1975-77
(94 Cong)

H.R. 25, H. Rep. 94-45, reported March 6, 1975. S. 7, S. Rep. 94-28, reported March 5, 1975. Conference Report, 94-189 agreed to May 5, 1975 (Senate) and May 6, 1975 (House).

5/1975

H.R. 25, The Surface Mining Control and Reclamation Act of 1975, Rep. 94-45, vetoed by the President May 20, 1975.

1977-79
(95 Cong)

The bills were reintroduced as S. 7 and its companion, H.R. 2.

8/1977

P.L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 95th Cong., 1st Sess. was passed August 3, 1977.

STATE REGULATORY PROGRAMS

Senate committee prints from 1973 and 1977 provided information on state regulatory programs in existence prior to the passage of SMCRA. See the attached items for greater detail.

YEAR(S)

ACTION

1939

West Virginia first enacted legislation to regulate surface mining of coal.

By 1955

Indiana, Pennsylvania, Ohio, Kentucky and Maryland had enacted similar legislation.

After 1965

Between 1965 and 1972, 16 major coal-producing states took a total of 28 major legislative actions. 7 states had enacted surface mining legislation prior to 1965. 9 states enacted legislation between 1965 and 1972. 13 of the 16 states enacted new legislation or amended existing authority. The 16 states are:
    1. Alabama
    2. Colorado
    3. Illinois
    4. Indiana
    5. Kentucky
    6. Maryland
    7. Montana
    8. North Dakota
    9. Ohio
    10. Oklahoma
    11. Pennslyvania
    12. Tennessee
    13. Virginia
    14. Washington
    15. West Virginia
    16. Wyoming

By 1975

38 states established regulations for surface mining of coal. 32 of these programs were implemented between 1970 and 1975.

ATTACHMENTS

  1. STAFF OF SENATE COMM. ON INTERIOR AND INSULAR AFFAIRS, 92nd Cong., 1st Sess., A Legislative History of Proposals Affecting Surface Mining of Coal 4 (Comm. Print September 1, 1971).
  2. S. REP. 92-1162, 92nd Cong., 2nd Sess., Legislative History 36 (September 18, 1972).
  3. S. REP. 93-402, 93rd Cong., 1st Sess., Legislative History 47 (September 21, 1973).
  4. H.R. REP. 94-95, 94th Cong., 1st Sess., Legislative History 132 (March 6, 1975).
  5. H.R. REP. 94-896, 94th Cong., 2nd Sess., Legislative History 91 (March 12, 1976).
  6. H.R. REP. 94-1445, 94th Cong., 2nd Sess., Legislative History 88 (August 31, 1976).
  7. H.R. REP. 95-218, 95th Cong., 1st Sess., Legislative History 140 (April 22, 1977).
  8. S. REP. 95-218, 95th Cong., 1st Sess., Legislative History 59 (May 10, 1977).
  9. STAFF OF SENATE COMM. ON ENERGY AND NATURAL RESOURCES, 95th Cong., 1st Sess. (Comm. Print June, 1977).
    1. Legislative History 3
    2. Current Legislation 11
    3. Background and Recent Debate 13
    4. Summary 25
  10. STAFF OF SENATE COMM. ON INTERIOR AND INSULAR AFFAIRS, 93rd Cong., 1st Sess. (Comm. Print March, 1973).
    1. State Regulatory Programs 35
    2. Appendix F: Highlights of State Laws Regulating Surface Mining of Coal (Excerpted)

Research conducted by: Joyce Zweben Scall

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