Surface Mining Control and Reclamation Act

Summary

Surface Mining Control and Reclamation Act - Title I: Findings and Purposes - Declares that most of the nation's coal reserves can only be mined by underground methods. States that the purpose of the Act is to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title II: Control of Environmental Impacts of Surface Coal Mining - Requires surface coal mining operations to comply with the following requirements: (1) on steep slopes no debris or soil may be placed on the downslope, except soil from the initial cut, provided that the soil is shaped and graded to prevent slides, erosion, and water pollution, and is revegetated; (2) preservation of topsoil after excavation; (3) stabilization of mine wastes, including safety in retention of water wastes; and (4) minimal disturbance of the hydrologic balance at the minesite. Requires compliance with such standards 90 days after enactment for mines where overburden hasn't been removed. Requires, within 150 days of enactment, Federal enforcement of such standards until State standards are accepted, such enforcement to include mine inspection. Directs publication within 180 days of enactment of regulations covering surface coal mining and reclamation, setting standards for State programs. States that such regulations must meet approval of Environmental Protection Agency (EPA) Administrator. Requires States, within 24 months of enactment, to submit programs for carrying out this Act, such programs to include a State regulatory authority capable of regulating surface coal mining, state laws providing for sanctions for violations of regulations, and a permit system for surface coal mining regulation. Demands that such State programs meet the approval of the EPA Administrator. Subjects State programs to approval of Secretary of Interior within 6 months. Requires implementation of a Federal program of surface coal mining regulation where States fail in such implementation. Directs States to designate as unsuitable for surface coal mining those areas where reclamation is impossible or where land is fragile or of historical value. Prohibits existing mining operations from being declared unsuitable. Permits State laws and regulations that are more stringent than this Act. Requires, six months after approval of a State program, that no surface coal mining shall take place except where a permit, good for five years, has been issued. States that permit applications must demonstrate ability and intent to comply with this Act, assurance that reclamation can be achieved, and that post-mining land use will be compatible with surrounding uses; and that permits won't be issued for land within 300 feet of occupied dwelling or within a park. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. States that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Allows renewal of permits. Establishes general performance standards requiring: (1) extraction of coal sufficient to prevent future need for re-excavating the land; (2) restoration of the land to a condition to which it can support previous uses; (3) keeping reclamation current with mining operations; (4) restoration of approximate original contour of the land; (5) safety measures in dam construction and non-degradation of water quality in streams below dams; (6) restoration of topsoil and vegetation; and (7) limitations and mandatory notices on use of explosives. Differentiates standards for steep-slope and flat terrain mining. Authorizes only one-year permits for steep-slope mining. Allows exceptions to reclamation standards where a post mining use of the land differs from previous use, is appropriate, and begins within three years. Calls for regulations of underground coal mining that requires: (1) backfilling all mine wastes and tailings into mine voids, where possible; (2) permanent underground mine support; (3) sealing of entrances; (4) contouring and revegetation of wastes and tailings; and (5) safety standards in dam construction. Directs mine operators to have remedial programs to eliminate polluting discharge. Requires permit applicants to give notice to public bodies in the local area of their plans, and for such bodies to make public their comments. Gives any person with a valid legal interest the right to object to a proposed surface mining and reclamation operation. Allows public hearings on such objections. Establishes procedures for such hearings. Demands that permit applicants, whose permits have been approved, post performance bonds to assure that the requirements of this Act are met. States that such bonds shall not be less than $10,000. Provides that when an operator completes the backfilling, regrading, and drainage control of a bonded area, he may request a release of 60 percent of the bond. Provides that the remaining amount may be returned upon completion of all reclamation. Allows persons with a legal interest to file objections to release of bond, and for public hearings to follow. Prohibits suspension or revocation of a permit except with time for permitee to correct his violations and public hearing, if requested, provided that emergency threats to public health or the environment may justify suspension of permit subject to determination later if violation has occurred. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides for requirement of record keeping and submittal and monitoring by mine operators. Requires surprise inspections by regulatory agencies not less than once a month. Allows, where State regulatory authorities don't exist or fail to act, for Federal enforcement of violations of this Act and of permit conditions. Permits issuance of an order to cease mining and reclamation. Provides for the Attorney General to institute civil suit for a restraining order or injunction to enforce this Act or regulations under it. Requires civil penalties upon violators of this Act or regulations under it. Permits any person to bring civil suit against any person, including the United States, alleged to be in violation of this Act. Empowers district courts to require the regulatory authority to enforce nondiscretionary duties under the Act. Allows the court to award costs of litigation to parties in suits brought under this Act. Permits the Secretary to intervene in actions under this Act. Requires implementation of a Federal lands program to all surface mining and reclamation operations on Federal land. Requires such program to, at least, adopt all requirements of this Act. Authorizes grants to Indian tribes to assist in development and administration of a mining control program for tribal lands. Allows an Indian tribe to have the Secretary administer its program under this Act. Demands separate regulations for programs for special bituminous coal surface mines that meet certain criteria, including some long-existing and especially deep mines. Title III: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mined lands, for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines, and for the Secretary of Agriculture to use in entering agreements with landowners and tenants providing for control and prevention of erosion. Permits the Secretary to acquire land by condemnation for reclamation. Encourages States to acquire abandoned and unreclaimed land and to transfer it the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining use of reclaimed land. Title IV: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a director appointed by the President. States that such office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. Title V: A Program for Non-Coal Mine Environmental Impact Control - Requires States to implement programs for designation of lands unsuitable for mining minerals other than coal. Title VI: Appropriation Authorization; Definitions; and General Provisions - Authorizes appropriations to carry out this Act, as follows: $10,000,000 for various contract authority immediately and for the next two fiscal years; for administrative and other purposes, $10,000,000 for fiscal 1975, $20,000,000 for fiscal 1976 and 1977, and $30,000,000 for fiscal years thereafter; $40,000,000 initially to the Abandoned Mine Reclamation Fund; and for research and demonstration projects, $5,000,000 for fiscal 1975 and for each fiscal year thereafter. Authorizes grants to States for developing, administering, and enforcing State programs under this Act. Gives the President power to suspend for 90 days any requirement of this Act concerning surface mining reclamation operations if a national emergency exists. Requires written permission of landowners, where different from underlying mineral owners, to mine or reclaim land. Title VII: State Mining and Mineral Resources Research Institute - Authorizes appropriation to the Secretary of the Interior sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute, center, or equivalent agency at the school of mines of one public college or university of the State. Requires such monies to be matched dollar for dollar by the States. Authorizes appropriation each year of $5,000,000 for the next seven fiscal years for specific projects in such institutes. Authorizes appropriation of $10,000,000 for fiscal 1975 and a sum increased by $2,000,000 each fiscal year thereafter for grants and contracts for other research into aspects of mining and mineral resources problems. Calls for the Secretary to appoint an advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research.

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2 official files

• Reported to House with amendment(s)

  summary · EN · 30 May 1974

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• Introduced in House

  summary · EN · 15 November 1973

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