Oil Shale Reclamation Act

Summary

Oil Shale Reclamation Act - Title I: Statement of Findings and Policy - States that the purposes of this Act are: (1) to establish a national program to protect society and the environment from the adverse effects of oil shale operations; (2) to protect the rights of surface landowners and others having property rights from such operations; (3) to prohibit such operations where reclamation is unfeasible; (4) to require reclamation as contemporaneously as possible with such operations; (5) to assure that the oil supply essential to the national energy requirements is met by striking a balance between environmental protection and agricultural productivity, and the Nation's oil requirements; (6) to assist State development and implementation programs under this Act; and (7) to provide for public participation in regulatory programs, enforcement, reclamation plans, or other programs established under this Act. Title II: Surface Mining Reclamation and Enforcement - Directs the Secretary of the Interior to administer oil shale operation control programs required by this Act and sets forth specific duties of the Secretary. Imposes a fine of up to $2,500 or imprisonment for not more than one year or both for violating the conflict of interest provisions of this Act and regulations issued thereunder. Sets forth procedures for issuance, amendment, and repeal of rules issued under this Act. Title III: Control of the Environmental Impacts of Oil Shale Mining - Directs the Secretary to issue interim and permanent oil shale mining operation and reclamation performance standards, subject to approval by the Administrator of the Environmental Protection Agency (EPA) with respect to the holding of at least one public hearing thereon. Prohibits the opening or development of new or abandoned oil shale operations on State-regulated lands without a permit from the State's regulatory authority. Sets forth terms and conditions to be included in such permits. Directs the Secretary to implement a Federal enforcement program to remain in effect until a State program has been approved pursuant to this Act, or until a Federal program has been so implemented. Sets forth the components of such enforcement program. Authorizes States to assume exclusive jurisdiction over the regulation of oil shale operations on non-Federal lands, upon approval by the Secretary of a State program based on sufficient State legal authority to undertake such regulation. Requires the Secretary, prior to approving any State program: (1) to solicit and publicly disclose the views of specified Federal agency heads concerned with or having special expertise pertinent to the proposed State program; (2) to obtain approval by the Administrator of EPA, with respect to aspects of the State program relating to air or water quality standards; (3) to hold a public hearing on the State program within the State; and (4) to find that the State has the legal authority and personnel necessary for the enforcement of environmental protection standards. Directs the Secretary to establish a Federal program of enforcement for any State failing to submit an acceptable program or to implement, enforce, or maintain its program. Stipulates that any State statutes or regulations governing oil shale operations and reclamation which interfere with the purposes and requirements of this Act and the Federal program for such State shall be preempted and superceded by the Federal program. Preempts any State law or regulation inconsistent with the provisions of this Act, but stipulates that State laws or regulations providing for more stringent land use and environmental controls and regulations of oil shale operations and reclamation shall not be construed to be inconsistent with this Act. Sets the term for permits issued under this Act at five years, and provides for extensions and renewals in specified situations. Sets forth permit application procedures and requirements. Requires permit applicants to provide certification, by an insurance company authorized to do business in the United States, of current public liability insurance coverage, or evidence of compliance with State or Federal self-insurance requirements. Sets forth requirements for reclamation plans to be submitted as part of a permit application pursuant to any approved State program or a Federal program under this Act. Stipulates that after approval of a permit application, but prior to issuance, an applicant shall file a performance bond for that area of land within the permit area upon which oil shale operations and reclamation will be conducted. Sets forth the components of an approved permit. Authorizes the revision of a permit upon submission of an appropriate application therefor, and authorizes the review of outstanding permits and the making of any necessary revisions and modifications thereto. Requires both State and Federal programs to include oil shale exploration regulations in such programs for any such operations which substantially disturb the natural land surface. Provides for public comment and participation, public notice, and public hearings on any application for an oil shale operation and reclamation permit. Enumerates the minimum requirements to be included in the environmental protection general performance standards applicable to all surface oil shale mining and reclamation operations. Requires each Federal program, and authorizes each State program, to include procedures to permit surface mining operations where the mining operation will remove an entire oil shale deposit running through the upper fraction of a mountain, ridge, or hill by removing all of the overburden and creating a level plateau or a gently rolling contour. Exempts such operations from the requirement to restore land to approximate original contour where an applicant meets certain enumerated requirements as to postmining use, consistency with adjacent land uses and existing State and local land use plans and programs, and compliance with all other requirements of this Act. Establishes performance standards applicable to steep-slope oil shale mining which shall be in addition to those general performance standards required by this Act. Authorizes each State program, and requires each Federal program to provide procedures to permit variances from the requirement to restore land to approximate original contour in specified situations. Directs the Secretary, with written concurrence of the Chief of Engineers of the Army Corps of Engineers, to establish standards and criteria regulating the design, location, construction, operation, maintenance, enlargement, modification, removal, and abandonment of new and existing oil shale mine waste piles. Stipulates that such standards are to conform to the standards and criteria used by the Chief of Engineers insuring the safety and effectiveness of flood control structures. Sets forth other specified components to be included as part of such standards and criteria. Directs the Secretary to issue rules and regulations on the surface effects of underground oil shale mining operations, retorting and other processing to extract oil from oil shale. Sets forth requirements for permits issued to operators of underground oil shale mining operations. Authorizes the appropriate regulatory authority to suspend underground oil shale mining under urban areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or permanent streams in the event of imminent danger to inhabitants thereof from such operations. Authorizes the Secretary to provide for inspections and monitoring of any oil shale operations and reclamation operations as are necessary to evaluate approved State programs, or to develop or enforce any Federal program. Grants a right of entry to, upon, or through any such operations by the Secretary's authorized representatives. Specifies the types of monitoring to be done for such operations which remove or disturb strata that serve as aquifers significantly insuring the hydrologic balances of water use either on or off the mining site. Authorizes the Secretary to issue regulations establishing procedures to insure adequate and complete inspections. Imposes a fine of up to $2,500 or imprisonment for not more than one year or both upon any employee of a State regulatory authority for violating the conflict of interest provisions relating to the inspection and monitoring provisions of this title. Permits any person to notify the Secretary or his representative of any violation of this Act and of any failure to make required inspections. Directs the Secretary to establish procedures for informal review of any refusal by the Secretary's representative to issue a citation for any alleged violation. Imposes civil penalties upon permittees who violate permit conditions, after opportunity for a public hearing. Sets forth procedures and requirements for such hearings. Authorizes the Attorney General to recover unpaid civil penalties by means of a civil action brought in the appropriate United States district court. Provides for fines or imprisonment or both for willful and knowing violations of permit conditions, for knowingly making any false statement, representation, or certification, for failing to provide required information, or for failure to correct a cited violation issued under this Act within the specified time period. Requires, as a condition of approval of any State program submitted pursuant to this Act, that such program provide for penalties at least as stringent as those set forth in this Act for violations thereof. Imposes upon corporate violators the same penalties which may be imposed upon non-corporate violators. Authorizes the appropriate regulatory authority to release all or part of the performance bond filed in connection with any oil shale mining and reclamation operations upon notification and request for such release, and upon a finding by the regulatory authority that the reclamation covered by the bond has been accomplished as required by this Act. Sets forth procedures for filing objections to the proposed release of a performance bond by any person with a valid legal interest which might be adversely affected thereby, or by the responsible officer or head of any Federal, State, or local governmental agency having jurisdiction as to environmental, social, or economic impact involved in the operation, or having authority to develop and enforce environmental standards. Authorizes citizen suits to be brought in the appropriate United States district court to compel compliance with this Act. Authorizes the Secretary or a State regulatory authority, if not a party in such actions, to intervene as a matter of right. Authorizes the court to award the costs of such litigation to any party deemed appropriately entitled thereto. Authorizes any person injured in his person or property through the violation by any operator of any rule, regulation, order, or permit issued pursuant to this Act to bring an action for damages, including attorney and expert witness fees, in the appropriate judicial district. Stipulates that such action shall not affect any rights established by or limits imposed under State workmen's compensation laws. Sets forth enforcement procedures to be carried out by the Secretary upon receipt of information that any person is in violation of any requirement of this Act or permit condition required thereby. Provides for notification of suspected violations to be made to a State regulatory authority if one exists. Grants a ten day notification period to suspected violators to correct any violations, except in the case of imminent danger of significant environment harm, in which case the Secretary or his representative shall order an immediate cessation of the oil shale and reclamation operations posing such a danger, and shall impose affirmative obligations on the operator in the event such cessation order will not alone result in abatement of the danger. Sets forth procedures to be carried out by the Secretary upon the receipt of information that violations of an approved State program are resulting from a failure of a State to enforce its program. Authorizes the Secretary to request the Attorney General to institute a civil action for relief in the appropriate United States district court whenever a permittee or his agent: (1) violates or fails or refuses to comply with the Secretary's orders; (2) interferes with or delays the Secretary or his representative from carrying out the provisions of this Act; (3) refuses to admit such representative to the mine; (4) refuses to permit an authorized inspection; or (5) refuses to furnish requested information or to permit access to records requested by the Secretary. Requires, as a condition of approval of any State program, that such program provide for enforcement procedures and sanctions at least as stringent as those set forth in this Act. Stipulates that nothing in these provisions shall be construed to eliminate any additional enforcement rights or procedures available under State regulatory authority, but not enumerated under this Act. Directs any State seeking to assume primary regulatory authority under this Act to establish a planning process enabling objective decisions as to which, if any, land areas of a State are unsuitable for oil shale operations pursuant to specified standards. Permits mineral exploration in any such designated area. Excludes from such designation lands on which oil shale operations are being conducted on the date of enactment of this Act or under a permit issued thereunder, or where substantial legal and financial commitments were in existence prior to January 4, 1979. Directs the Secretary to conduct a review as to the suitability or unsuitability of Federal lands for oil shale operations, pursuant to the above specified standards, with certain exceptions. Permits persons having interests which are or may be adversely affected to petition the regulatory authority to have a designation terminated or made as to any such lands. Requires the regulatory authority to hold public hearings on such petitions, and to prepare detailed statements on the oil potential of designated unsuitable areas, the demand for oil resources, and the impact of such designation on the environment, the economy, and the oil supply. Prohibits oil shale operations, except those in existence on the date of enactment of this Act, from being conducted within units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System (including designated study rivers), and National Recreation Areas. Prohibits such operations: (1) within national forests, unless the Secretary finds that no significant recreational, timber, economic, or other values would be incompatible with such operations; (2) which may adversely affect any publicly owned park or places included in the National Register of Historic Sites with specified exceptions; and (3) within specified distances from public roads or occupied dwellings, with specified exceptions. Directs the Secretary to establish and implement, in accordance with specified criteria, a Federal lands program applicable to oil shale and reclamation operations taking place on Federal lands, other than Indian lands, pursuant to Federal law. Incorporates by reference the requirements of this Act and the Federal lands program or an approved State oil shale regulation program in any Federal mineral lease, permit, or contract issued by the Secretary involving oil shale or reclamation operation. Authorizes States with approved programs to enter into cooperative agreements with the Secretary to provide for State regulation of oil shale and reclamation operations on Federal lands within the State. Requires any agency, unit, or instrumentality of Federal, State, or local government, including publicly owned utilities and corporations, proposing to engage in oil shale operations subject to this Act, to comply with the provisions of this title. Provides procedures, including public hearings, for review of notices or orders issued by the Secretary to a permittee or adversely affecting any person, and authorizes the Secretary to grant relief from such notices or orders. Directs the Secretary to hold a public hearing following any show cause order to revoke or suspend a permit. Authorizes the assessment against either party of all costs and expenses (including attorney fees) reasonably incurred whenever an order is issued or an administrative proceeding is conducted, or resulting from judicial review therefrom. Authorizes judicial review of any action of the Secretary to approve or disapprove a State program, to prepare or promulgate a Federal program pursuant to this Act, or to issue an order or decision in an administrative proceeding. Authorizes the reviewing court in specified circumstances to grant any temporary relief deemed appropriate pending final determination in any review of an order or decision of the Secretary. Subjects any action of the State regulatory authority pursuant to an approved State program to judicial review by a court of competent jurisdiction in accordance with State law. Title IV: Designation of Lands Unsuitable for Certain Mining - Authorizes the Secretary of the Interior to review any area within Federal lands to assess its unsuitability for mining for minerals or minerals other than coal or oil shale pursuant to the criteria and procedures of the Surface Mining Control and Reclamation Act of 1979. Title V: Administrative and Miscellaneous Provisions - Provides that this Act's provisions shall not be construed as superceding, amending, modifying, or repealing any of the following Acts or any rule or regulation issued thereunder: (1) the Mining and Minerals Policy Act of 1970; (2) the National Environmental Policy Act of 1969; (3) the Federal Metal and Nonmetallic Mine Safety Act; (4) the Federal Water Pollution Control Act, State laws enacted pursuant thereto, or other Federal water quality laws; (5) the Clean Air Act; (6) the Solid Waste Disposal Act; (7) the Refuse Act of 1899; (8) the Fish and Wildlife Coordination Act of 1934; and (9) the Mineral Leasing Act of 1920. Provides that nothing in this Act shall in any way affect the authority of the Secretary or other Federal agency heads under other provisions of law to regulate oil shale and reclamation operations on land within their jurisdiction. Requires, to the greatest extent practicable, cooperation between the Secretary and the States and each Federal agency in carrying out this Act. Provides that approval of State regulatory programs, promulgation of Federal regulatory programs, and implementation of the Federal lands programs shall not constitute a major Federal action under the National Environmental Policy Act of 1969. Provides that adoption of environmental protection standards for oil shale and reclamation operations shall constitute a major Federal action thereunder. Sets forth procedures to protect employees from being discharged or in any other way discriminated against as a result of such employee's filing any proceeding under this Act or testifying in any proceeding resulting from administration or enforcement of this Act. Imposes a fine of up to $5,000 and/or imprisonment for up to one year upon any person who willfully resists, prevents, impedes, or interferes with the Secretary or his agents in the performance of their duties under this Act. Authorizes the Secretary to make grants and to provide cooperation and assistance to any State for the purpose of assisting in the development, administration, or enforcement of State programs under this Act. Limits such grants to 80 percent of the total costs incurred during the first year, 60 percent for the second year, and 50 percent for each year thereafter. Provides for increased grants where a State elects to regulate oil shale and reclamation operations on Federal lands. Directs the Secretary to submit a report to the President and the Congress on the activities conducted pursuant to this Act. Authorizes departures from environmental protection performance standards on an experimental basis in order to encourage advances in oil shale operations and reclamation practices or to allow specified postmining land uses if: (1) such experimental practices are potentially more or at least as protective as those standards; (2) the oil shale operations are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of such experimental practices; and (3) such practices do not reduce the protection afforded public health and safety by such standards. Directs the President to insure the coordination of regulatory and inspection activities among the departments, agencies, and instrumentalities to which such activities are assigned by this and other Acts. Prohibits the Secretary from leasing Federal oil shale deposits located under lands the surface rights to which are owned by a surface owner without the consent of such owner where the mining of such deposits is by methods other than underground mining techniques. Provides that surface owners whose lands are proposed to be included in a federally leased tract to be mined by such methods shall be consulted as to their preference for or against the offering of such deposit under their lands. Directs the Secretary, in his discretion, but to the maximum extent practicable, to refrain from leasing such deposits where a significant number of such surface owners oppose the offering. Excludes Indian lands from such requirements. Requires the consent of a permittee or lessee of Federal surface lands prior to the entering and commencing of surface oil shale mining by an operator where such oil shale is owned by the Federal Government. Requires the execution of a bond or undertaking to the United States or the State, for the use and benefit of such permittee or lessee to secure payment of any damages to the surface estate caused to crops or tangible improvements by such mining. Stipulates that such bond is in addition to the performance bond required for reclamation under this Act. Provides that nothing in this Act shall affect a person's right to enforce or protect his interest in water resources affected by an oil shale operation. Requires the operator of such operation to replace the water supply of a property owner who obtains all or part of his water from an underground or surface source affected by contamination, diminution, or interruption resulting from such mining operation. Directs the Secretary or the State regulatory authority to issue regulations requiring the training, examination, and certification of persons engaging in or responsible for blasting or the use of explosives in surface oil shale mining operations.

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• Introduced in Senate

  summary · EN · 2 April 1979

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