Surface Mining Reclamation Act

Summary

Surface Mining Reclamation Act - Title I: Findings, Purposes, and Definitions - Sets forth the findings of Congress and the Act's purpose. Sets forth definitions of the terms used in this Act. Title II: Existing and Prospective Surface Mining and Reclamation Operations - Provides that within six months after the enactment of this Act, the Secretary of Interior shall develop and publish in the Federal Register regulations covering surface mining and reclamation operations for coal, and shall set forth in reasonable detail those actions which a State must take to develop a State program and otherwise meet the requirements of this Act. States that within eighteen months after the date of the enactment of this Act, the Secretary, in accordance with the purposes and requirements of this Act and procedures set forth in this section, shall develop and publish in the Federal Register proposed regulations covering surface mining and reclamation operations for other minerals, and shall set forth in reasonable detail those actions which a State must take to develop a State program and otherwise meet the requirements of this Act. States that in order to insure consistency with the purposes of the Clean Air Act and the Federal Water Pollution Control Act, the Secretary shall obtain the concurrence of the Administrator of the Environmental Protection Agency in those aspects of the regulations promulgated under this section which affect air or water quality. Establishes in the Department of the Interior the Office of Surface Mining and Reclamation Enforcement which shall be headed by a Director who shall be appointed by the President by and with the advice and consent of the Senate. Sets forth the functions and responsibilities of the Director. States that the provisions of this Act shall apply to all surface mining operations although the regulatory authority may exempt specified operations. Provides that to be eligible to receive financial assistance provided for under this Act and to be eligible to assume full control over surface mining operations for coal and other minerals on lands within any State, a State shall submit a State program in accordance with the requirements of this Act. Authorizes the Secretary to prepare, promulgate, and implement a Federal program for a State if such State: (1) fails to submit a State program covering surface mining and reclamation operations for coal within twelve full calendar months after the promulgation of the Federal regulations for such operations; (2) fails to submit a State program for surface mining and reclamation operations for other minerals within twelve full calendar months after promulgation of Federal regulations for such operations; or (3) fails to enforce its approved State program as provided for in this Act. States that no State law or regulation in effect on the date of enactment of this Act, or which may become effective thereafter, shall be superseded by any provision of this Act or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with this Act. Provides that from the date of enactment of this Act, until twelve months after promulgation of Federal regulations for surface coal mining, no person shall open or develop any new or previously mined and abandoned site for surface coal mining operations on lands within any State, unless such person has first obtained an interim permit from the appropriate State regulatory authority. Permits State regulatory authority to issue such interm permits upon application made by the operator. Requires such applications and permits to be in accordance with the requirements of this Act. Provides that after the expiration of the twelve full calendar months following the date of promulgation of the Federal regulations for surface coal mining, no person shall engage in or carry out on lands within any State any surface coal mining operation, including exploratory activities, unless such person has a valid permit from the regulatory authority pursuant to an approved State program or Federal program for that State. Sets forth the requirements for surface exploration and surface mining and reclamation permits. Sets forth the criteria for State and Federal programs as to surface mining and reclamation operations. Authorizes the Secretary to make annual grants to each State for the purpose of assisting the States in the development of a State potential surface mining areas review process capable of making objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas of a State are unsuitable for all or certain types of surface mining operations. States the necessary findings which must be made prior to approval, revision, or renewal of a surface mining and reclamation permit pursuant to an approved State or Federal program. Requires the applicant, after a surface mining and reclamation permit application has been approved but before such a permit is issued, to 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, under an approved State program, and conditioned that the operator shall faithfully perform all the requirements of this Act. Sets forth bond release procedures. Provides for the revocation or suspension of permits upon prior notice of violations. Permits under specified circumstances Federal enforcement of this Act. Permits citizen suits of a civil nature under a specified procedure. Directs the Secretary to promulgate and implement a Federal lands program which shall be applicable to all surface mining and reclamation operations taking place pursuant to any Fedeal law on any Federal land and Indian lands. Requires the Fedeal lands program to, at a minimum, incorporate all of the requirements of this Act and shall take into consideration the diverse physical, climatological, and other unique characteristics of the Federal and Indian lands in question. Title III: Abandoned and Unreclaimed Mined Areas - Creates in the Treasury of the United States a fund to be known as the Abandoned Mine Reclamation Fund. Authorizes to be appropriated to the fund initially the sum of $100,000,000 and such other sums as the Congress may thereafter authorize to be appropriated. Permits the Secretary to acquire by purchase, donation, or otherwise, land or any interest therein which has been affected by surface mining and has not been reclaimed to its approximate original condition. Sets forth the condemnation procedure to be used in this Act. Encourages states to acquire abandoned and unreclaimed mined lands within their boundaries and to donate such lands to the Secretary to be reclaimed under appropriate Federal regulations. Authorizes the Secretary to make grants on a matching basis to States in such amounts as he deems appropriate for the purpose of carrying out the provisions of this title but in no event shall any grant exceed 90 percent of the cost of acquisition of the lands for which the grant is made. Title IV: Administrative and Miscellaneous Provisions - Directs the Secretary to appoint a national advisory committee for surface mining and reclamation operations for coal and a national advisory committee for surface mining and reclamation operations for other minerals. States that each advisory committee shall consist of not more than seven members and shall have a balanced representation of Fedeal, State, and local officials, persons qualified by experience of affiliation to present the viewpoint of operators of surface mining operations subject to this Act, consumers, and persons qualified by experience or affiliation to present the viewpoint of conservation and other public interest groups, to advise him in carrying out the provisions of this Act. Authorizes the Secretary to make annual grants to any State for the purpose of assisting such State in developing, administering, and enforcing State programs under this Act. Provides that such grants shall not exceed 80 percent of the total costs incurred during the first year; 70 percent of the total costs incurred during the second and third years; and 60 percent each year thereafter. Authorizes the Secretary to cooperate with and provide assistance to any State for the purpose of assisting it in the development, administration, and enforcement of its State programs. Authorizes to be appropriated to the Secretary $5,000,000 annually for the purposes of research and demonstration projects. Authorizes to be appropriated to the Secretary for administration of this Act for the fiscal year ending June 30, 1973, the sum of $10,000,000, for each of the next two succeeding fiscal years, the sum of $20,000,000; and $30,000,000 for each fiscal year thereafter.

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• Introduced in Senate

  summary · EN · 17 April 1973

  Open at official source

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