SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The United States consumes over 1 billion 
tons of coal annually. Most of this coal is used to 
meet nearly one-half of the Nation’s electricity 
needs. The remaining amount of coal is used to 
produce, among other things, steel, plastics, syn-
thetic fibers, medicines, and coke. 
(2) On June 11, 2009, the Environmental Pro-
tection Agency and the Department of the Army 
issued a Memorandum on ‘‘Enhanced Surface Coal 
Mining Pending Permit Coordination Procedures’’. 
(3) As of March 2010, under these new proce-
dures, the Environmental Protection Agency has un-
lawfully delayed Clean Water Act permits for 190 
coal mining operations. 
(4) These 190 coal mining operations are ex-
pected to produce over 2 billion tons of coal 
(throughout the life of operations) and support 
roughly 17,806 new and existing jobs as well as 81 
small businesses. 
(5) Due to the actions of the Environmental 
Protection Agency, roughly 1 in every 4 coal mining 
jobs in the Appalachian region is at risk of elimi-
nation, 81 small businesses will lose significant in-
come and will be at risk of bankruptcy, and more 
VerDate Mar 15 2010 
03:47 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6113.IH
H6113
smartinez on DSKB9S0YB1PROD with BILLS
than 2 years of the Nation’s coal supply is in jeop-
ardy. 
(6) By preventing the production and use of a 
2-year supply of coal, the Environmental Protection 
Agency is putting electricity reliability for consumers 
at risk. 
(7) On April 1, 2010, Peter S. Silva, Assistant 
Administrator for the Office of Water, and Cynthia 
Giles, Assistant Administrator for the Office of En-
forcement and Compliance Assistance, took further 
action to threaten jobs, harm small businesses, re-
duce electricity reliability, harm national security, 
and drive up energy prices by releasing detailed 
guidance on ‘‘Improving EPA Review of Appa-
lachian Surface Coal Mining Operations under the 
Clean Water Act, National Environmental Policy 
Act, and the Environmental Justice Executive 
Order’’. 
(8) This guidance goes far beyond clarification 
and coordination and arrogates to the Environ-
mental Protection Agency wholly new powers to su-
persede the authority of States under the Clean 
Water Act and the Surface Mining Control and Rec-
lamation Act of 1977 (SMCRA), the authority of the 
Corps of Engineers (Corps) under the Clean Water 
VerDate Mar 15 2010 
03:47 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6113.IH
H6113
smartinez on DSKB9S0YB1PROD with BILLS
Act, the authority of the Office of Surface Mining 
Reclamation and Enforcement of the Department of 
the Interior (OSM) under SMCRA, and the author-
ity of both the Corps and OSM under the National 
Environmental Policy Act of 1969. 
(9) The June 2009 memorandum and the April 
2010 guidance meet the definition of a rulemaking 
under the Administrative Procedure Act because 
each is an ‘‘agency statement of general or par-
ticular applicability and future effect designed to im-
plement, interpret, or prescribe law or policy’’ under 
section 551(4) of title 5, United States Code. 
(10) The Environmental Protection Agency has 
not gone through notice and comment rulemaking to 
prescribe the new policies set forth in the June 2009 
memorandum or the April 2010 guidance in viola-
tion of the Administrative Procedure Act. 
(11) Any use of the June 2009 memorandum 
or the April 2010 guidance to review, delay, and 
veto Clean Water Act permits is unlawful. 
(12) The actions of the Environmental Protec-
tion Agency could cause drastic increases in the Na-
tion’s energy prices due to decreases in coal supply. 
(13) By preventing the United States from re-
ducing our reliance on foreign sources of energy and 
VerDate Mar 15 2010 
03:47 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6113.IH
H6113
smartinez on DSKB9S0YB1PROD with BILLS
by reducing our ability to produce energy domesti-
cally, the Environmental Protection Agency is harm-
ing national security. 
SEC. 3. LIMITATION ON USE OF FUNDS. 
None of the funds made available to the Environ-
mental Protection Agency, the Corps of Engineers, or the 
Office of Surface Mining Reclamation and Enforcement 
for fiscal year 2010 or any fiscal year thereafter may be 
used to carry out, implement, administer, or enforce any 
policy or procedure set forth in— 
(1) the memorandum issued by the Environ-
mental Protection Agency and Department of the 
Army entitled ‘‘Enhanced Surface Coal Mining 
Pending Permit Coordination Procedures’’, dated 
June 11, 2009, or 
(2) the guidance issued by the Environmental 
Protection Agency entitled ‘‘Improving EPA Review 
of Appalachian Surface Coal Mining Operations 
under the Clean Water Act, National Environmental 
Policy Act, and the Environmental Justice Executive 
Order’’, dated April 1, 2010, 
until the Environmental Protection Agency, the Corps of 
Engineers, or the Office of Surface Mining Reclamation 
and Enforcement of the Department of the Interior, as 
appropriate under their existing statutory authorities, pro-
VerDate Mar 15 2010 
03:47 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6113.IH
H6113
smartinez on DSKB9S0YB1PROD with BILLS
mulgates regulations for the implementation of such policy 
or procedure after providing notice and an opportunity for 
comment in accordance with subchapter II of chapter 5 
of title 5, United States Code, popularly known as the Ad-
ministrative Procedure Act. 
Æ 
VerDate Mar 15 2010 
03:47 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H6113.IH
H6113
smartinez on DSKB9S0YB1PROD with BILLS