I 

113TH CONGRESS 

1ST SESSION H. R. 526 

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 6, 2013 

Mr. YARMUTH (for himself, Ms. SLAUGHTER, Mr. CONYERS, Mr. HOLT, Mr. 

GRIJALVA, Mr. SARBANES, Mr. MORAN, Ms. EDWARDS, Ms. CHU, Mr. 

BLUMENAUER, Mr. ELLISON, Mr. RANGEL, Mr. HUFFMAN, Ms. LEE of 

California, Mr. HONDA, Ms. SCHAKOWSKY, Mr. DEFAZIO, Mr. CARTWRIGHT, Ms. DELAURO, Ms. ROYBAL-ALLARD, Ms. PINGREE of Maine, 

Mr. MCDERMOTT, Ms. NORTON, and Mr. POLIS) 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Appalachian Commu3 nities Health Emergency Act’’ or the ‘‘ACHE Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Communities surrounding mountaintop re7 moval coal mining projects, which involve surface 

8 coal mining including blasting with explosives in the 

9 steep slope regions of Kentucky, Tennessee, West 

10 Virginia, and Virginia, have raised concerns that 

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

12 mountaintop removal coal mining may be causing 

13 health crises in their communities. 

14 (2) Peer-reviewed scientific research and re15 ports have raised serious concerns about mountain16 top removal mining with respect to elevated risks in 

17 categories of birth defects studied: circulatory/res18 piratory, central nervous system, musculoskeletal, 

19 and gastrointestinal. 

20 (3) Mountaintop removal coal mining has also 

21 been associated with elevated levels of adult hos22 pitalizations for chronic pulmonary disorders and hy23 pertension that are elevated as a function of county24 level coal production, as are rates of mortality; lung 

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

26 These health problems strike both women and men 


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1 in mountaintop removal coal mining communities. 

2 These elevated levels of disease, defects, and mor3 tality persist even after controlling for other vari4 ables. 

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

6 public concern, warrant immediate action to stop 

7 new mountaintop removal coal mining permits and 

8 increase environmental and human health moni9 toring at existing mountaintop removal coal mining 

10 projects while the reported links between health ef11 fects and mountaintop removal coal mining are in12 vestigated by Federal health agencies. 

13 (5) The National Institute of Environmental 

14 Health Sciences is uniquely qualified to manage a 

15 working group of Federal health agencies with ex16 pertise that is relevant to study of the reported 

17 links. 

18 SEC. 3. HEALTH STUDIES. 

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

20 of Environmental Health Sciences, in consultation with 

21 the Administrator of the Environmental Protection Agen22 cy and the heads of such other Federal departments and 

23 agencies as the Director deems appropriate, shall— 

24 (1) conduct or support comprehensive studies 

25 on the health impacts, if any, of mountaintop reVerDate Mar 15 2010 01:54 Feb 15, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H526.IH H526

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1 moval coal mining on individuals in the surrounding 

2 communities; and 

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

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

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

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

7 Human Services shall publish a determination on whether 

8 mountaintop removal coal mining presents any health 

9 risks to individuals in the surrounding communities. 

10 SEC. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT 

11 MORATORIUM. 

12 Until and unless the Secretary of Health and Human 

13 Services publishes a determination under section 3(b) con14 cluding that mountaintop removal coal mining does not 

15 present any health risk to individuals in the surrounding 

16 communities, a permit or other authorization may not be 

17 issued for any mountaintop removal coal mining project, 

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

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

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

21 404 of the Federal Water Pollution Control Act (33 

22 U.S.C. 1344); 

23 (2) the Administrator of the Environmental 

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


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

2 1342); or 

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

4 the Office of Surface Mining Reclamation and En5 forcement, or a State, under the Surface Mining 

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

7 1201 et seq.). 

8 SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTIN9 UOUS HEALTH AND ENVIRONMENTAL MONI10 TORING. 

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

12 and Human Services publishes a determination under sec13 tion 3(b)— 

14 (1) any person conducting a mountaintop re15 moval coal mining project shall— 

16 (A) conduct continuous monitoring for any 

17 pollution of water and air (including noise) and 

18 frequent monitoring of soil as a result of such 

19 project for the purposes of comprehensively— 

20 (i) characterizing any pollution emit21 ted from the project; and 

22 (ii) identifying ways in which mem23 bers of affected communities might be ex24 posed to these emissions; and 


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1 (B) submit the results of such monitoring 

2 to the Secretary on a monthly basis; and 

3 (2) the Secretary shall make such results avail4 able to the public through the World Wide Web in 

5 a searchable database format not later than 7 days 

6 after the date on which the Secretary receives such 

7 results. 

8 (b) ENFORCEMENT.—If a person conducting a moun9 taintop removal coal mining project fails to conduct moni10 toring and submit results in connection with such project 

11 as required by subsection (a), a permit or other authoriza12 tion may not be issued for the mountaintop removal coal 

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

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

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

16 404 of the Federal Water Pollution Control Act (33 

17 U.S.C. 1344); 

18 (2) the Administrator of the Environmental 

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

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

21 1342); or 

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

23 the Office of Surface Mining Reclamation and En24 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. 6. FEE TO PAY FOR HEALTH STUDIES AND MONI4 TORING. 

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

6 acting through the Office of Surface Mining Reclamation 

7 and Enforcement of the Department of the Interior, shall 

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

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

10 removal coal mining project in the United States a one11 time fee in an amount sufficient to recover the Federal 

12 cost of implementing sections 3 and 5. 

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

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

15 extent and in the amount provided in advance in appro16 priations Acts, only to pay the Federal cost of carrying 

17 out sections 3 and 5. 

18 SEC. 7. DEFINITIONS. 

19 In this Act: 

20 (1) MOUNTAINTOP REMOVAL COAL MINING.— 

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

22 surface coal mining that uses blasting with explo23 sives in the steep slope regions of Kentucky, Ten24 nessee, West Virginia, and Virginia. 


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

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

3 of the Surface Mining Control and Reclamation Act 

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

Æ 


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