I

104TH CONGRESS

1ST SESSION H. R. 2372

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

minimize duplication in regulatory programs and to give States exclusive

responsibility under approved States program for permitting and enforcement of the provisions of that Act with respect to surface coal mining

and reclamation operations, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 1995

Mrs. CUBIN (for herself, Mr. CREMEANS, Mr. NEY, Mr. MOLLOHAN, Mr.

HANSEN, Mr. HAYWORTH, Mr. THORNBERRY, Mr. ALLARD, Mr. CALVERT, Mr. DOOLITTLE, Mr. POMBO, and Mr. COOLEY) introduced the following bill; which was referred to the Committee on Resources

A BILL

To amend the Surface Mining Control and Reclamation Act

of 1977 to minimize duplication in regulatory programs

and to give States exclusive responsibility under approved

States program for permitting and enforcement of the

provisions of that Act with respect to surface coal mining

and reclamation operations, 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 ‘‘Surface Mining Con5 trol and Reclamation Amendments Act of 1995’’.
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1 SEC. 2. STATEMENT OF FINDINGS AND POLICY.

2 Section 101 of the Surface Mining Control and Rec3 lamation Act of 1977 (30 U.S.C. 1201) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (j);

6 (2) by striking the period at the end of para7 graph (k) and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(l) a majority of the coal-producing States

10 have developed programs that regulate surface and

11 underground coal mining operations within their

12 borders in an environmentally sound manner, taking

13 into account the diversity in terrain, climate, chemi14 cal, and other physical conditions in areas subject to

15 mining operations; and

16 ‘‘(m) duplication in regulatory programs should

17 be avoided and States assume the exclusive respon18 sibility under approved State programs for permit19 ting and enforcement of the provisions of this Act

20 with respect to surface coal mining and reclamation

21 operations within the States.’’.

22 SEC. 3. FUNCTIONS OF OFFICE OF SURFACE MINING REC23 LAMATION AND ENFORCEMENT.

24 Section 201(c)(1) of the Surface Mining Control and

25 Reclamation Act of 1977 (30 U.S.C. 1211(c)) is amended

26 to read as follows:
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1 ‘‘(1)(A) administer the programs for controlling

2 surface coal mining operations which are required by

3 this Act;

4 ‘‘(B) review and approve or disapprove State

5 programs for controlling surface coal mining oper6 ations and reclaiming abandoned mine lands;

7 ‘‘(C) except in a State with an approved State

8 program—

9 ‘‘(i) make those investigations and inspec10 tions necessary to ensure compliance with this

11 Act,

12 ‘‘(ii) conduct hearings, administer oaths,

13 issue subpoenas, and compel the attendance of

14 witnesses and production of written or printed

15 material, and

16 ‘‘(iii) review and vacate or modify or ap17 prove orders and decisions, and order the sus18 pension, revocation, or withholding of any per19 mit for failure to comply with any of the provi20 sions of this Act or any rules and regulations

21 adopted pursuant thereto;’’.

22 SEC. 4. STATE PROGRAMS.

23 Section 503 of the Surface Mining Control and Rec24 lamation Act of 1977 (30 U.S.C. 1253) is amended by

25 adding at the end the following:
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1 ‘‘(e) With respect to a State with an approved State

2 program—

3 ‘‘(1) the State program shall apply in lieu of

4 this Act to surface coal mining and reclamation op5 erations in the State; and

6 ‘‘(2) the provisions of this Act and the regula7 tions promulgated by the Secretary pursuant to this

8 Act shall not become effective with respect to sur9 face coal mining and reclamation operations within

10 a State with an approved State program until such

11 time as the State has amended its approved State

12 program and the permittee has been provided a rea13 sonable time (as determined by the regulatory au14 thority) to conform ongoing surface coal mining and

15 reclamation operations to any revised or additional

16 requirements under such amended State program.’’.

17 SEC. 5. FEDERAL PROGRAMS.

18 Section 504(b) of the Surface Mining Control and

19 Reclamation Act of 1977 (30 U.S.C. 1254(b)) is amended

20 by striking ‘‘section 521’’ and inserting ‘‘section 521(b)’’.

21 SEC. 6. PERMITS.

22 Section 506 of the Surface Mining Control and Rec23 lamation Act of 1977 (30 U.S.C. 1256) is amended by

24 adding at the end the following:
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1 ‘‘(e) A surface coal mining and reclamation operation

2 that is in compliance with the terms and conditions of a

3 permit issued pursuant to this Act shall be deemed to be

4 in compliance with the environmental protection standards

5 of this Act and the approved State program or Federal

6 program or Federal lands program pursuant to this Act,

7 except that the regulatory authority may, pursuant to sec8 tion 511(c) of this Act, require reasonable revisions of a

9 permit to ensure compliance with this Act and regulatory

10 program.’’.

11 SEC. 7. ENFORCEMENT.

12 (a) NOTICE FOR ABATEMENT.—Section 521(a)(3) of

13 such Act (30 U.S.C. 1271(a)(3)) is amended by striking

14 ‘‘or section 504(b)’’.

15 (b) SUSPENSION AND REVOCATION ORDER.—Section

16 521(a)(4) of such Act (30 U.S.C. 1271(a)(4)) is amended

17 by striking ‘‘or section 504’’.

18 (c) STATE RESPONSIBILITY.—Section 521(a) (30

19 U.S.C. 1271(a)) is amended by adding at the end the fol20 lowing:

21 ‘‘(6)(A) Except as provided in subparagraph (B) and

22 paragraph (2) of this subsection, the regulatory authority

23 shall have the sole responsibility for issuance of a notice

24 to the permittee or his agent of a violation of any require25 ment of this Act or any permit condition required by this
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1 Act, and the suspension or revocation of any permit issued

2 pursuant to a State program, which determination by the

3 State regulatory authority shall be subject to administra4 tive and judicial review in accordance with State law.

5 ‘‘(B) The responsibility for enforcement at any sur6 face coal mining and reclamation operation of any provi7 sion of the Federal Water Pollution Control Act or any

8 State law enacted pursuant thereto, or other Federal laws

9 relating to preservation of water quality, including (but

10 not limited to) compliance with effluent limitations and

11 water quality standards shall rest with the regulatory au12 thority approved by the United States Environmental Pro13 tection Agency under such water quality laws.’’.

14 SEC. 8. JUDICIAL REVIEW.

15 (a) ORDER OF ALJ.—Section 526(a) of the Surface

16 Mining Control and Reclamation Act of 1977 (30 U.S.C.

17 1276) is amended by adding at the end the following:

18 ‘‘(3) For the purposes of this section, an order of an

19 administrative law judge in a proceeding conducted pursu20 ant to section 554 of title 5, United States Code, shall

21 be deemed a final decision of the Secretary subject to judi22 cial review in accordance with this section.’’.

23 (b) ACTIONS RELATING TO STATE PROGRAM.—Sec24 tion 526 of such Act (30 U.S.C. 1276) is amended by

25 striking subsection (e) and inserting the following:
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1 ‘‘(e) Action of the State regulatory authority pursu2 ant to an approved State program shall be subject to judi3 cial review by a court of competent jurisdiction in accord4 ance with State law.

5 ‘‘(f) Where there is an approved State program, any

6 action of the Secretary pursuant to section 521(b) shall

7 be subject to judicial review by the United States district

8 court for the district which includes the capital of the

9 State whose program is at issue.’’.

10 SEC. 9. TIME LIMITATION.

11 (a) IN GENERAL.—Title VII of the Surface Mining

12 Control and Reclamation Act of 1977 (30 U.S.C. 1291

13 and following) is amended by adding the following new

14 section at the end thereof:

15 ‘‘SEC. 722. TIME LIMITATION.

16 ‘‘An action, suit, or any other proceeding under this

17 Act for the enforcement of any violation, fine, penalty, or

18 forfeiture, pecuniary or otherwise, shall be barred unless

19 commenced within three years from the date on which the

20 violation first occurs.’’.

21 (b) TECHNICAL AMENDMENT.—The table of contents

22 in the first section of the Surface Mining Control and Rec23 lamation Act of 1977 (30 U.S.C. prec. 1201) is amended

24 by inserting after the item for section 719 the following:

‘‘Sec. 720. Subsidence.

‘‘Sec. 721. Research.

‘‘Sec. 722. Time limitation.’’.
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1 SEC. 10. DEFINITIONS.

2 Section 701(28)(B) of the Surface Mining Control

3 and Reclamation Act of 1977 (30 U.S.C. 1291(28)(B))

4 is amended by striking ‘‘and’’ at the end thereof and in5 serting the following: ‘‘For the purposes of this section,

6 activities and areas do not include the construction, im7 provement, or use of a road that is either designated as

8 a public road pursuant to the laws of the jurisdiction in

9 which the road is located, or maintained under the author10 ity of a governmental entity, and the road is constructed

11 in a manner similar to other roads of the same classifica12 tion within the jurisdiction and open to public use.’’.

Æ