OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 3

COALEX STATE INQUIRY REPORT - 201

December 1991

Karen Rippy, Esquire

Department of Law

5th Floor

Capital Plaza Tower

Frankfort, Kentucky 40611

TOPIC: LEGISLATIVE HISTORY OF PHRASE "OWNED OR CONTROLLED" [SMCRA 

510(c)] 

INQUIRY: In complying with its agreement, a coal mining company will list all permits it is 

associated with and correct any outstanding violations. SMCRA sec. 510(c) states that the 

company must list violations "during the three year period prior to the date [of the company's 

permit] application." What legislative history is available which discusses the time-frame aspect 

of providing violation and "ownership and control" information on the permit application? This 

information is needed as soon as possible. 

SEARCH RESULTS: Research was conducted using the legislative history material available 

in the COALEX Library. 

No explanation was identified for the House-Senate Conference Committee's establishing three 

years as the period for listing prior violations. The summary of House and Senate requirements 

of what in the final version became Section 510(c) [numbered 410(c) in Senate versions] appears 

below. A table of requirements from prior versions of House and Senate bills and two excerpts 

from House Reports are attached. Copies of excerpts from the bills, House and Senate Reports 

and a portion of a recent brief discussing 510(c) are included for background.

SUMMARY OF THE LEGISLATIVE HISTORY OF 510(c) [410(c)]

House versions prior to April, 1977 require listing violations for a one-year period prior to the 

date of application. The April 1, 1977 Bill changed the requirement to a five-year period. No 

explanation for the change was identified.

All Senate versions require listing violations for a one-year period. 

The Conference Committee for the final bill settled on a three-year period. There was no 

explanation in the Report for the change to the three-year period.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 3

LEGISLATIVE HISTORY: BILLS 

HOUSE 

BILL BILL TIME 

DATE PERIOD

HR 11500; 93rd Cong., 2nd Sess. 05/30/75 1 year

HR 25; 94th Cong., 1st Sess. 01/14/75 1 year 

03/06/75 1 year

03/20/75 1 year 

05/02/75 1 year 

HR 9725; 94th Cong., 1st Sess. 05/02/75 1 year 

09/19/75 1 year 

HR 9725; 94th Cong., 2nd Sess. 03/12/76 1 year 

HR 13950; 94th Cong., 2nd Sess. 05/21/76 1 year 

08/31/76 1 year 

HR 2; 95th Cong., 1st Sess. 01/04/77\ 1 year 

04/01/77 1 year 

04/22/77 1 year 

05/05/77 1 year 

SENATE 

BILL BILL TIME 

DATE PERIOD

S 425; 93rd Cong., 2nd Sess. 12/05/74 1 year

S 7; 94th Cong., 1st Sess. 01/15/75 1 year 

03/05/75 1 year

S 7; 95th Cong., 1st Sess. 01/10/77 1 year 

05/10/77 1 year 

CONFERENCE COMMITTEE 

BILL BILL TIME 

DATE PERIOD

HR 2; 95th Cong., 1st Sess. 07/12/77 3 years

EXCERPTS FROM HOUSE REPORTS 

HOUSE 

House Committee on Interior and Insular Affairs. H.R. Rep. 95-218, 95th Cong., 1st Sess. 6 

(April 22, 1977; H.R. 2). Major modifications. Section 510(c) Application requirement.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 3 of 3

"Under the committee amendment, the applicant is to supply information regarding previous 

violations of environmental laws for a period of 5 years prior to the date of application. (As 

opposed to the original text of H.R. 2 which required this information for only 1 year.)"

CONFERENCE COMMITTEE

Conference Committee. Bill, H.R. 2, 95th Cong., 1st Sess. 42 (July 12, 1977; H.R. Rep. 95-

493). Section 510(c) Permit approval or denial.

"...in connection with any surface coal mining operation during the three-year period prior to the 

date of application."

ATTACHMENTS

A. Excerpts from House and Senate bills re: 510(c) [410(c)] 

B. HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 93-1072, 

93rd Cong., 2nd Sess. (May 30, 1974; H.R. 11500). Excerpts from Additional Views. C. 

SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. S Rep. 28, 94th 

Cong., 1st Sess. 210 (March 5, 1975; S. 7). Excerpts from Section-by-Section Analysis. 

C. HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 94-45, 

94th Cong., 1st Sess. 151 (March 6, 1975; H.R. 25). Excerpts from Supplemental Views. 

D. HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 94-1445, 

94th Cong., 2nd Sess. 115 (August 31, 1976; H.R. 13950). Excerpts from Section-bySection Analysis. 

E. HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 95-218, 

95th Cong., 1st Sess. 66 (April 22, 1977; H.R. 2). Excerpts from Major Modifications. 

F. HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS. H.R. Rep. 95-218, 

95th Cong., 1st Sess. 172 (April 22, 1977; H.R. 2). Excerpts from Section-by-Section 

Analysis. 

G. SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES. S. Rep. 45-

128, 95th Cong., 1st Sess. 79 (May 10, 1977; S. 7). Excerpts from Section-by-Section 

Analysis. 

H. CONFERENCE COMMITTEE. H.R. Rep. 95-493, 95th Cong., 1st Sess. 103 (July 12, 

1977; H.R. 2). Excerpts from Overview of Conference Decisions. 

I. Excerpts from Indiana Brief.