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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2824 Engrossed in House (EH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Government Waste and 
Protecting Coal Mining Jobs in America''.

SEC. 2. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE RULE INTO 
              STATE PROGRAMS.

    (a) In General.--Section 503 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the 
end the following:
    ``(e) Stream Buffer Zone Management.--
            ``(1) In general.--In addition to the requirements under 
        subsection (a), each State program shall incorporate the 
        necessary rule regarding excess spoil, coal mine waste, and 
        buffers for perennial and intermittent streams published by the 
        Office of Surface Mining Reclamation and Enforcement on 
        December 12, 2008 (73 Fed. Reg. 75813 et seq.) which complies 
        with the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.) in view of the 2006 discussions between the Director of 
        the Office of Surface Mining and the Director of the United 
        States Fish and Wildlife Service, and the Office of Surface 
        Mining Reclamation and Enforcement's consideration and review 
        of comments submitted by the United States Fish and Wildlife 
        Service during the rulemaking process in 2007.
            ``(2) Study of implementation.--The Secretary shall--
                    ``(A) at such time as the Secretary determines all 
                States referred to in subsection (a) have fully 
                incorporated the necessary rule referred to in 
                paragraph (1) of this subsection into their State 
                programs, publish notice of such determination;
                    ``(B) during the 5-year period beginning on the 
                date of such publication, assess the effectiveness of 
                implementation of such rule by such States;
                    ``(C) carry out all required consultation on the 
                benefits and other impacts of the implementation of the 
                rule to any threatened species or endangered species, 
                with the participation of the United States Fish and 
                Wildlife Service and the United States Geological 
                Survey; and
                    ``(D) upon the conclusion of such period, submit a 
                comprehensive report on the impacts of such rule to the 
                Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate, including--
                            ``(i) an evaluation of the effectiveness of 
                        such rule;
                            ``(ii) an evaluation of any ways in which 
                        the existing rule inhibits energy production; 
                        and
                            ``(iii) a description in detail of any 
                        proposed changes that should be made to the 
                        rule, the justification for such changes, all 
                        comments on such changes received by the 
                        Secretary from such States, and the projected 
                        costs and benefits of such changes.
            ``(3) Limitation on new regulations.--The Secretary may not 
        issue any regulations under this Act relating to stream buffer 
        zones or stream protection before the date of the publication 
        of the report under paragraph (2), other than a rule necessary 
        to implement paragraph (1).''.
    (b) Deadline for State Implementation.--Not later than 2 years 
after the date of the enactment of this Act, a State with a State 
program approved under section 503 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary 
of the Interior amendments to such program pursuant to part 732 of 
title 30, Code of Federal Regulations, incorporating the necessary rule 
referred to in subsection (e)(1) 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 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.
```