I 

117TH CONGRESS 

1ST SESSION H. R. 2073 

To place a moratorium on permitting for mountaintop removal coal mining 

until health studies are conducted by the Department of Health and 

Human Services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2021 

Mr. YARMUTH introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To place a moratorium on permitting for mountaintop removal coal mining until health studies are conducted 

by the Department of Health and Human Services, 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 ‘‘Appalachian Commu5 nities Health Emergency Act’’ or the ‘‘ACHE Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Communities surrounding mountaintop re2 moval coal mining projects, which involve surface 

3 coal mining including blasting with explosives in the 

4 steep slope regions of Kentucky, Tennessee, West 

5 Virginia, and Virginia, have raised concerns that 

6 pollution of the water, air, and soil that results from 

7 mountaintop removal coal mining may be causing 

8 health crises in their communities. 

9 (2) Peer-reviewed scientific research and re10 ports have raised serious concerns about mountain11 top removal mining with respect to elevated risks in 

12 categories of birth defects studied: circulatory, res13 piratory, central nervous system, musculoskeletal, 

14 and gastrointestinal. 

15 (3) Mountaintop removal coal mining has also 

16 been associated with elevated levels of adult hos17 pitalizations for chronic pulmonary disorders and hy18 pertension that are elevated as a function of county19 level coal production, as are rates of mortality; lung 

20 cancer; and chronic heart, lung, and kidney disease. 

21 These health problems strike both women and men 

22 in mountaintop removal coal mining communities. 

23 These elevated levels of disease, defects, and mor24 tality persist even after controlling for other vari25 ables. 


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1 (4) Initial scientific evidence, and the level of 

2 public concern, warrant immediate action to stop 

3 new mountaintop removal coal mining permits and 

4 increase environmental and human health moni5 toring at existing mountaintop removal coal mining 

6 projects while the reported links between health ef7 fects and mountaintop removal coal mining are in8 vestigated by Federal health agencies. 

9 (5) The National Institute of Environmental 

10 Health Sciences is uniquely qualified to manage a 

11 working group of Federal health agencies with ex12 pertise that is relevant to study of the reported 

13 links. 

14 SEC. 3. HEALTH STUDIES. 

15 (a) STUDIES.—The Director of the National Institute 

16 of Environmental Health Sciences, in consultation with 

17 the Administrator of the Environmental Protection Agen18 cy and the heads of such other Federal departments and 

19 agencies as the Director deems appropriate, shall— 

20 (1) conduct or support comprehensive studies 

21 on the health impacts, if any, of mountaintop re22 moval coal mining on individuals in the surrounding 

23 communities; and 

24 (2) submit to the Secretary, and make publicly 

25 available, a report on the results of such studies. 


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1 (b) DETERMINATION.—Upon receipt of the report 

2 under subsection (a)(2), the Secretary of Health and 

3 Human Services shall publish a determination on whether 

4 mountaintop removal coal mining presents any health 

5 risks to individuals in the surrounding communities. 

6 SEC. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT 

7 MORATORIUM. 

8 Until and unless the Secretary of Health and Human 

9 Services publishes a determination under section 3(b) con10 cluding that mountaintop removal coal mining does not 

11 present any health risk to individuals in the surrounding 

12 communities, a permit or other authorization may not be 

13 issued for any mountaintop removal coal mining project, 

14 or for any expansion of such a project, by— 

15 (1) the Secretary of the Army, acting through 

16 the Chief of Engineers, or a State, under section 

17 404 of the Federal Water Pollution Control Act (33 

18 U.S.C. 1344); 

19 (2) the Administrator of the Environmental 

20 Protection Agency, or a State, under section 402 of 

21 the Federal Water Pollution Control Act (33 U.S.C. 

22 1342); or 

23 (3) the Secretary of the Interior, acting through 

24 the Office of Surface Mining Reclamation and En25 forcement, or a State, under the Surface Mining 


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

2 1201 et seq.). 

3 SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTIN4 UOUS HEALTH AND ENVIRONMENTAL MONI5 TORING. 

6 (a) REQUIREMENT.—Until the Secretary of Health 

7 and Human Services publishes a determination under sec8 tion 3(b)— 

9 (1) any person conducting a mountaintop re10 moval coal mining project shall— 

11 (A) conduct continuous monitoring for any 

12 pollution of water and air (including noise) and 

13 frequent monitoring of soil as a result of such 

14 project for the purposes of comprehensively— 

15 (i) characterizing any pollution emit16 ted from the project; and 

17 (ii) identifying ways in which mem18 bers of affected communities might be ex19 posed to these emissions; and 

20 (B) submit the results of such monitoring 

21 to the Secretary on a monthly basis; and 

22 (2) the Secretary shall make such results avail23 able to the public through the World Wide Web in 

24 a searchable database format not later than 7 days 


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1 after the date on which the Secretary receives such 

2 results. 

3 (b) ENFORCEMENT.—If a person conducting a moun4 taintop removal coal mining project fails to conduct moni5 toring and submit results in connection with such project 

6 as required by subsection (a), a permit or other authoriza7 tion may not be issued for the mountaintop removal coal 

8 mining project, or for an expansion of such project, by— 

9 (1) the Secretary of the Army, acting through 

10 the Chief of Engineers, or a State, under section 

11 404 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1344); 

13 (2) the Administrator of the Environmental 

14 Protection Agency, or a State, under section 402 of 

15 the Federal Water Pollution Control Act (33 U.S.C. 

16 1342); or 

17 (3) the Secretary of the Interior, acting through 

18 the Office of Surface Mining Reclamation and En19 forcement, or a State, under the Surface Mining 

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

21 1201 et seq.). 

22 SEC. 6. FEE TO PAY FOR HEALTH STUDIES AND MONI23 TORING. 

24 (a) COLLECTION AND ASSESSMENT.—The President, 

25 acting through the Office of Surface Mining Reclamation 


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1 and Enforcement of the Department of the Interior, shall 

2 assess and collect from each person that, as of the date 

3 of the enactment of this Act, is conducting a mountaintop 

4 removal coal mining project in the United States a one5 time fee in an amount sufficient to recover the Federal 

6 cost of implementing sections 3 and 5. 

7 (b) USE OF FEE.—Amounts received by the United 

8 States as a fee under this section may be used, to the 

9 extent and in the amount provided in advance in appro10 priations Acts, only to pay the Federal cost of carrying 

11 out sections 3 and 5. 

12 SEC. 7. DEFINITIONS. 

13 In this Act— 

14 (1) the term ‘‘mountaintop removal coal min15 ing’’ means surface coal mining that uses blasting 

16 with explosives in the steep slope regions of Ken17 tucky, Tennessee, West Virginia, and Virginia; and 

18 (2) the term ‘‘steep slope’’ has the meaning 

19 that term has under section 515(d)(4) of the Sur20 face Mining Control and Reclamation Act of 1977 

21 (30 U.S.C. 1265(d)(4)). 

Æ 


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