I 

118TH CONGRESS 

2D SESSION H. R. 8062 

To amend the Surface Mining Control and Reclamation Act of 1977 to 

strengthen control of the environmental impacts of surface coal mining, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2024 

Mr. BEYER introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To amend the Surface Mining Control and Reclamation Act 

of 1977 to strengthen control of the environmental impacts of surface coal mining, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stream Protection and 

5 Vegetation Restoration Act’’. 

6 SEC. 2. AMENDMENTS TO SURFACE MINING CONTROL AND 

7 RECLAMATION ACT. 

8 (a) RECLAMATION PLAN REQUIREMENTS.—Section 

9 508(a)(7) of the Surface Mining Control and Reclamation 


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1 Act of 1977 (30 U.S.C. 1258(a)(7)) is amended by insert2 ing ‘‘, not to exceed the time and distance standards estab3 lished in section 515(g)’’ after ‘‘reclamation plan’’. 

4 (b) REVISION OF PERMITS.—Section 511(a) of the 

5 Surface Mining Control and Reclamation Act of 1977 (30 

6 U.S.C. 1261(a)) is amended— 

7 (1) by redesignating paragraph (3) as para8 graph (5); and 

9 (2) by inserting after paragraph (2) the fol10 lowing: 

11 ‘‘(3) A request to temporarily cease or suspend min12 ing operations is a significant permit revision for purposes 

13 of paragraph (2). 

14 ‘‘(4) In each case where no active coal removal or 

15 reclamation has occurred at a permitted mine for more 

16 than 6 months during any 3-year period, the applicable 

17 permit shall be considered out of compliance with the rec18 lamation plan— 

19 ‘‘(A) unless the permit is in compliance with 

20 time and distance standards established in section 

21 515(g) and does not have any variances from such 

22 standards; and 

23 ‘‘(B) until the date on which the regulatory au24 thority approves— 


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1 ‘‘(i) a reasonable plan submitted by the op2 erator to return to production not later than 1 

3 year after the date on which the operator is no4 tified that the applicable permit is considered 

5 out of compliance under this paragraph; or 

6 ‘‘(ii) an application for a revision of the 

7 permit submitted by the permittee under para8 graph (1).’’. 

9 (c) ENVIRONMENTAL PROTECTION PERFORMANCE

10 STANDARDS.—Section 515 of the Surface Mining Control 

11 and Reclamation Act of 1977 (30 U.S.C. 1265) is amend12 ed— 

13 (1) in subsection (b)— 

14 (A) in paragraph (16)— 

15 (i) by inserting ‘‘, not to exceed the 

16 time and distance standards established in 

17 subsection (g)’’ after ‘‘contemporaneously 

18 as practicable with the surface coal mining 

19 operations’’; and 

20 (ii) in subparagraph (D), by striking 

21 the period at the end and inserting a semi22 colon; 

23 (B) in paragraph (20)— 

24 (i) in subparagraph (A), by inserting 

25 ‘‘and’’ at the end; and 


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1 (ii) in subparagraph (B), by striking 

2 the period at the end and inserting a semi3 colon; 

4 (C) in paragraph (22)(I), by striking the 

5 period at the end and inserting a semicolon; 

6 (D) in paragraph (23), by striking ‘‘and’’ 

7 at the end; 

8 (E) in paragraph (25), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (F) by adding at the end the following: 

11 ‘‘(26) conduct contemporaneous reclamation so 

12 as not to exceed the time and distance standards es13 tablished in subsection (g).’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(g) Rough backfilling and grading for surface min16 ing activities shall be completed according to one of the 

17 following schedules: 

18 ‘‘(1) For contour mining, within 60 days or 

19 1,500 linear feet following coal removal, whichever 

20 occurs first. 

21 ‘‘(2) For area mining, within 180 days fol22 lowing coal removal, and not more than 4 spoil 

23 ridges behind the pit being worked, the spoil from 

24 the active pit constituting the first ridge. 


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1 ‘‘(3) For other surface mining methods, in ac2 cordance with the schedule established by the regu3 latory authority. For States with approved State 

4 programs, schedules are subject to the State pro5 gram approval process.’’. 

6 (d) INSPECTIONS AND MONITORING.—Section 517(b) 

7 of the Surface Mining Control and Reclamation Act of 

8 1977 (30 U.S.C. 1267(b)(2)) is amended— 

9 (1) in paragraph (2), to read as follows: 

10 ‘‘(2) the regulatory authority shall— 

11 ‘‘(A) require quarterly monitoring of both 

12 surface water and ground water during mining 

13 and reclamation; and 

14 ‘‘(B) specify those— 

15 ‘‘(i) monitoring sites to record the 

16 quantity and quality of surface drainage 

17 above and below the mine site as well as 

18 in the potential zone of influence; 

19 ‘‘(ii) monitoring sites to record level, 

20 amount, and samples of ground water and 

21 aquifers potentially affected by the mining 

22 and also directly below the lowermost 

23 (deepest) coal seam to be mined; 

24 ‘‘(iii) records of well logs and borehole 

25 data to be maintained; and 


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1 ‘‘(iv) monitoring sites to record pre2 cipitation;’’; 

3 (2) by redesignating paragraph (3) as para4 graph (5); and 

5 (3) by inserting after paragraph (2) the fol6 lowing: 

7 ‘‘(3) the regulatory authority shall conduct an 

8 annual assessment of the biological condition of 

9 streams to demonstrate progress with respect to re10 storing of the pre-mining biological condition of the 

11 stream; 

12 ‘‘(4) the regulatory authority shall conduct an 

13 inspection of surface water runoff control structures 

14 after each precipitation event that is at least as in15 tense as a 100-year, 6-hour precipitation event; 

16 and’’. 

Æ 


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