113TH CONGRESS 

2D SESSION H. R. 2824 

AN ACT 

To amend the Surface Mining Control and Reclamation Act 

of 1977 to stop the ongoing waste by the Department 

of the Interior of taxpayer resources and implement the 

final rule on excess spoil, mining waste, and buffers 

for perennial and intermittent streams, and for other 

purposes. 
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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 ‘‘Preventing Govern5 ment Waste and Protecting Coal Mining Jobs in Amer6 ica’’. 

7 SEC. 2. INCORPORATION OF SURFACE MINING STREAM 

8 BUFFER ZONE RULE INTO STATE PROGRAMS. 

9 (a) IN GENERAL.—Section 503 of the Surface Min10 ing Control and Reclamation Act of 1977 (30 U.S.C. 

11 1253) is amended by adding at the end the following: 

12 ‘‘(e) STREAM BUFFER ZONE MANAGEMENT.— 

13 ‘‘(1) IN GENERAL.—In addition to the require14 ments under subsection (a), each State program 

15 shall incorporate the necessary rule regarding excess 

16 spoil, coal mine waste, and buffers for perennial and 

17 intermittent streams published by the Office of Sur18 face Mining Reclamation and Enforcement on De19 cember 12, 2008 (73 Fed. Reg. 75813 et seq.) which 

20 complies with the Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.) in view of the 2006 discus22 sions between the Director of the Office of Surface 

23 Mining and the Director of the United States Fish 

24 and Wildlife Service, and the Office of Surface Min25 ing Reclamation and Enforcement’s consideration 
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1 and review of comments submitted by the United 

2 States Fish and Wildlife Service during the rule3 making process in 2007. 

4 ‘‘(2) STUDY OF IMPLEMENTATION.—The Sec5 retary shall— 

6 ‘‘(A) at such time as the Secretary deter7 mines all States referred to in subsection (a) 

8 have fully incorporated the necessary rule re9 ferred to in paragraph (1) of this subsection 

10 into their State programs, publish notice of 

11 such determination; 

12 ‘‘(B) during the 5-year period beginning on 

13 the date of such publication, assess the effec14 tiveness of implementation of such rule by such 

15 States; 

16 ‘‘(C) carry out all required consultation on 

17 the benefits and other impacts of the implemen18 tation of the rule to any threatened species or 

19 endangered species, with the participation of 

20 the United States Fish and Wildlife Service and 

21 the United States Geological Survey; and 

22 ‘‘(D) upon the conclusion of such period, 

23 submit a comprehensive report on the impacts 

24 of such rule to the Committee on Natural Re25 sources of the House of Representatives and the 
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1 Committee on Energy and Natural Resources of 

2 the Senate, including— 

3 ‘‘(i) an evaluation of the effectiveness 

4 of such rule; 

5 ‘‘(ii) an evaluation of any ways in 

6 which the existing rule inhibits energy pro7 duction; and 

8 ‘‘(iii) a description in detail of any 

9 proposed changes that should be made to 

10 the rule, the justification for such changes, 

11 all comments on such changes received by 

12 the Secretary from such States, and the 

13 projected costs and benefits of such 

14 changes. 

15 ‘‘(3) LIMITATION ON NEW REGULATIONS.—The 

16 Secretary may not issue any regulations under this 

17 Act relating to stream buffer zones or stream protec18 tion before the date of the publication of the report 

19 under paragraph (2), other than a rule necessary to 

20 implement paragraph (1).’’. 

21 (b) DEADLINE FOR STATE IMPLEMENTATION.—Not 

22 later than 2 years after the date of the enactment of this 

23 Act, a State with a State program approved under section 

24 503 of the Surface Mining Control and Reclamation Act 

25 of 1977 (30 U.S.C. 1253) shall submit to the Secretary 
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1 of the Interior amendments to such program pursuant to 

2 part 732 of title 30, Code of Federal Regulations, incor3 porating the necessary rule referred to in subsection (e)(1) 

4 of such section, as amended by this section. 

Passed the House of Representatives March 25, 

2014. 

Attest: 

Clerk. 
113TH CONGRESS 

2D SESSION H. R. 2824 

AN ACT 

To amend the Surface Mining Control and Recand intermittent streams, and for other purposes. spoil, mining waste, and buffers for perennial sources and implement the final rule on excess by the Department of the Interior of taxpayer re- lamation Act of 1977 to stop the ongoing waste