I 

118TH CONGRESS 

1ST SESSION H. R. 5022 

To place a moratorium on the issuance and renewal of certain Federal 

authorizations for mountaintop removal coal mining until a health study 

is conducted, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mr. MCGARVEY (for himself, Mr. HUFFMAN, Mr. BEYER, Mr. TONKO, Ms. 

MCCOLLUM, Ms. NORTON, Mr. TRONE, Mr. CONNOLLY, and Mr. COHEN) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committees on Energy and 

Commerce, and Transportation and Infrastructure, 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 the issuance and renewal of certain Federal authorizations for mountaintop removal coal 

mining until a health study is conducted, 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 Equity 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, including cir15 culatory, respiratory, central nervous system, mus16 culoskeletal, 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 and these elevated levels of disease, defects, and 


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1 mortality persist even after controlling for other 

2 variables. 

3 (4) Scientific evidence, and the level of public 

4 concern, warrant immediate action to stop new 

5 mountaintop removal coal mining permits and in6 crease environmental and human health monitoring 

7 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 STUDY. 

17 (a) STUDY.—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 agencies as the 

21 Director determines appropriate, shall conduct or support 

22 a comprehensive study regarding the health impacts, if 

23 any, of mountaintop removal coal mining on individuals 

24 who reside in communities in close proximity to mountain25 top removal coal mining projects. 


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1 (b) REPORT.—The Director of the National Institute 

2 of Environmental Health Sciences shall submit to the Sec3 retary, and make publicly available, a report regarding the 

4 results of the study conducted or supported under sub5 section (a). 

6 (c) DETERMINATION.—After receipt of the report re7 quired under subsection (b), the Secretary shall publish 

8 on the website of the Department of Health and Human 

9 Services a determination regarding whether mountaintop 

10 removal coal mining presents any health risks to individ11 uals who reside in communities in close proximity to 

12 mountaintop removal coal mining projects. 

13 SEC. 4. MOUNTAINTOP REMOVAL COAL MINING FEDERAL 

14 AUTHORIZATION MORATORIUM. 

15 No Federal authorization may be issued or renewed 

16 for any mountaintop removal coal mining project, or for 

17 any expansion of such a project, by any of the following 

18 individuals before the date on which the Secretary pub19 lishes a determination under section 3(c) concluding that 

20 mountaintop removal coal mining does not present any 

21 health risks to individuals who reside in communities in 

22 close proximity to mountaintop removal coal mining 

23 projects: 

24 (1) The Secretary of the Army, acting through 

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


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1 404 of the Federal Water Pollution Control Act (33 

2 U.S.C. 1344). 

3 (2) The Administrator of the Environmental 

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

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

6 1342). 

7 (3) The Secretary of the Interior, acting 

8 through the Director of the Office of Surface Mining 

9 Reclamation and Enforcement, or a State, under the 

10 Surface Mining Control and Reclamation Act of 

11 1977 (30 U.S.C. 1201 et seq.). 

12 SEC. 5. MOUNTAINTOP REMOVAL COAL MINING MONI13 TORING. 

14 (a) MONITORING REQUIREMENT.—Any person that 

15 conducts a mountaintop removal coal mining project 

16 shall— 

17 (1) with respect to the site of the project, carry 

18 out monitoring for pollution that occurs as a result 

19 of the project, including— 

20 (A) continuous monitoring for water, air, 

21 and noise pollution; and 

22 (B) consistent monitoring for soil pollu23 tion; and 

24 (2) based on the results of the monitoring car25 ried out under paragraph (1)— 


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1 (A) identify any pollution that occurs as a 

2 result of the project; and 

3 (B) identify ways in which individuals who 

4 reside in communities in close proximity to the 

5 project might be exposed to such pollution. 

6 (b) RESULTS OF MONITORING.— 

7 (1) SUBMISSION TO SECRETARY.—Each person 

8 that carries out monitoring under subsection (a)(1) 

9 for a mountaintop removal coal mining project shall 

10 submit to the Secretary, on a monthly basis, the re11 sults of such monitoring. 

12 (2) PUBLIC AVAILABILITY.—Not later than 7 

13 days after the date on which the Secretary receives 

14 results under paragraph (1), the Secretary shall 

15 make such results publicly available on the website 

16 of the Department of Health and Human Services in 

17 a searchable database format. 

18 (c) ENFORCEMENT.—If a person that conducts a 

19 mountaintop removal coal mining project fails to comply 

20 with either subsection (a) or (b) with respect to the 

21 project, no Federal authorization may be issued or re22 newed for the project, or for any expansion of the project, 

23 by any of the following individuals: 

24 (1) The Secretary of the Army, acting through 

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


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1 404 of the Federal Water Pollution Control Act (33 

2 U.S.C. 1344). 

3 (2) The Administrator of the Environmental 

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

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

6 1342). 

7 (3) The Secretary of the Interior, acting 

8 through the Director of the Office of Surface Mining 

9 Reclamation and Enforcement, or a State, under the 

10 Surface Mining Control and Reclamation Act of 

11 1977 (30 U.S.C. 1201 et seq.). 

12 (d) APPLICABILITY.—The requirements under sub13 sections (a) and (b) shall terminate on the date on which 

14 the Secretary publishes the determination described in sec15 tion 3(c). 

16 SEC. 6. FEDERAL COST FEE. 

17 (a) COLLECTION AND ASSESSMENT.—The Secretary 

18 of the Interior, acting through the Director of the Office 

19 of Surface Mining Reclamation and Enforcement, shall as20 sess and collect a one-time fee from each person that, as 

21 of the date of the enactment of this Act, is conducting 

22 or has previously completed a mountaintop removal coal 

23 mining project in the United States, in an amount suffi24 cient to recover the Federal cost of implementing sections 

25 3 and 5. 


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1 (b) USE OF FEE.—Amounts collected under this sec2 tion may be used, to the extent and in the amount pro3 vided in advance in appropriations Acts, only to pay the 

4 Federal cost of carrying out sections 3 and 5. 

5 SEC. 7. DEFINITIONS. 

6 In this Act: 

7 (1) FEDERAL AUTHORIZATION.—The term 

8 ‘‘Federal authorization’’ means a permit, license, or 

9 other authorization that is issued by a Federal agen10 cy. 

11 (2) MOUNTAINTOP REMOVAL COAL MINING.— 

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

13 surface coal mining that— 

14 (A) uses blasting with explosives; and 

15 (B) is carried out in the steep slope re16 gions of Kentucky, Tennessee, West Virginia, 

17 and Virginia. 

18 (3) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Health and Human Services. 

20 (4) STEEP SLOPE.—The term ‘‘steep slope’’ has 

21 the meaning given the term in section 515(d)(4) of 

22 the Surface Mining Control and Reclamation Act of 

23 1977 (30 U.S.C. 1265(d)(4)). 

Æ 


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