I 

114TH CONGRESS 

1ST SESSION H. R. 912 

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 

FEBRUARY 12, 2015 

Mr. YARMUTH (for himself, Ms. SLAUGHTER, Mr. CONNOLLY, Ms. DELAURO, 

Mr. SCHIFF, Mr. MCDERMOTT, Ms. NORTON, Mr. LOWENTHAL, Mr. 

SARBANES, Ms. TSONGAS, Mr. TONKO, Ms. MCCOLLUM, Ms. EDWARDS, 

Ms. SCHAKOWSKY, and Mr. HONDA) introduced the following bill; which 

was referred to the Committee on Natural Resources, and in addition to 

the Committees on Transportation and Infrastructure and 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’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Communities surrounding mountaintop re4 moval coal mining projects, which involve surface 

5 coal mining including blasting with explosives in the 

6 steep slope regions of Kentucky, Tennessee, West 

7 Virginia, and Virginia, have raised concerns that 

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

9 mountaintop removal coal mining may be causing 

10 health crises in their communities. 

11 (2) Peer-reviewed scientific research and re12 ports have raised serious concerns about mountain13 top removal mining with respect to elevated risks in 

14 categories of birth defects studied: circulatory/res15 piratory, central nervous system, musculoskeletal, 

16 and gastrointestinal. 

17 (3) Mountaintop removal coal mining has also 

18 been associated with elevated levels of adult hos19 pitalizations for chronic pulmonary disorders and hy20 pertension that are elevated as a function of county21 level coal production, as are rates of mortality; lung 

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

23 These health problems strike both women and men 

24 in mountaintop removal coal mining communities. 

25 These elevated levels of disease, defects, and morVerDate Sep 11 2014 22:21 Feb 19, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H912.IH H912

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1 tality persist even after controlling for other vari2 ables. 

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

4 public concern, warrant immediate action to stop 

5 new mountaintop removal coal mining permits and 

6 increase environmental and human health moni7 toring at existing mountaintop removal coal mining 

8 projects while the reported links between health ef9 fects and mountaintop removal coal mining are in10 vestigated by Federal health agencies. 

11 (5) The National Institute of Environmental 

12 Health Sciences is uniquely qualified to manage a 

13 working group of Federal health agencies with ex14 pertise that is relevant to study of the reported 

15 links. 

16 SEC. 3. HEALTH STUDIES. 

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

18 of Environmental Health Sciences, in consultation with 

19 the Administrator of the Environmental Protection Agen20 cy and the heads of such other Federal departments and 

21 agencies as the Director deems appropriate, shall— 

22 (1) conduct or support comprehensive studies 

23 on the health impacts, if any, of mountaintop re24 moval coal mining on individuals in the surrounding 

25 communities; and 


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

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

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

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

5 Human Services shall publish a determination on whether 

6 mountaintop removal coal mining presents any health 

7 risks to individuals in the surrounding communities. 

8 SEC. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT 

9 MORATORIUM. 

10 Until and unless the Secretary of Health and Human 

11 Services publishes a determination under section 3(b) con12 cluding that mountaintop removal coal mining does not 

13 present any health risk to individuals in the surrounding 

14 communities, a permit or other authorization may not be 

15 issued for any mountaintop removal coal mining project, 

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

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

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

19 404 of the Federal Water Pollution Control Act (33 

20 U.S.C. 1344); 

21 (2) the Administrator of the Environmental 

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

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

24 1342); or 


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

2 the Office of Surface Mining Reclamation and En3 forcement, or a State, under the Surface Mining 

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

5 1201 et seq.). 

6 SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTIN7 UOUS HEALTH AND ENVIRONMENTAL MONI8 TORING. 

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

10 and Human Services publishes a determination under sec11 tion 3(b)— 

12 (1) any person conducting a mountaintop re13 moval coal mining project shall— 

14 (A) conduct continuous monitoring for any 

15 pollution of water and air (including noise) and 

16 frequent monitoring of soil as a result of such 

17 project for the purposes of comprehensively— 

18 (i) characterizing any pollution emit19 ted from the project; and 

20 (ii) identifying ways in which mem21 bers of affected communities might be ex22 posed to these emissions; and 

23 (B) submit the results of such monitoring 

24 to the Secretary on a monthly basis; and 


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1 (2) the Secretary shall make such results avail2 able to the public through the World Wide Web in 

3 a searchable database format not later than 7 days 

4 after the date on which the Secretary receives such 

5 results. 

6 (b) ENFORCEMENT.—If a person conducting a moun7 taintop removal coal mining project fails to conduct moni8 toring and submit results in connection with such project 

9 as required by subsection (a), a permit or other authoriza10 tion may not be issued for the mountaintop removal coal 

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

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

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

14 404 of the Federal Water Pollution Control Act (33 

15 U.S.C. 1344); 

16 (2) the Administrator of the Environmental 

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

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

19 1342); or 

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

21 the Office of Surface Mining Reclamation and En22 forcement, or a State, under the Surface Mining 

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

24 1201 et seq.). 


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1 SEC. 6. FEE TO PAY FOR HEALTH STUDIES AND MONI2 TORING. 

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

4 acting through the Office of Surface Mining Reclamation 

5 and Enforcement of the Department of the Interior, shall 

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

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

8 removal coal mining project in the United States a one9 time fee in an amount sufficient to recover the Federal 

10 cost of implementing sections 3 and 5. 

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

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

13 extent and in the amount provided in advance in appro14 priations Acts, only to pay the Federal cost of carrying 

15 out sections 3 and 5. 

16 SEC. 7. DEFINITIONS. 

17 In this Act: 

18 (1) MOUNTAINTOP REMOVAL COAL MINING.— 

19 The term ‘‘mountaintop removal coal mining’’ means 

20 surface coal mining that uses blasting with explo21 sives in the steep slope regions of Kentucky, Ten22 nessee, West Virginia, and Virginia. 

23 (2) STEEP SLOPE.—The term ‘‘steep slope’’ has 

24 the meaning that term has under section 515(d)(4) 


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1 of the Surface Mining Control and Reclamation Act 

2 of 1977 (30 U.S.C. 1265(d)(4)). 

Æ 


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