the Federal Water Pollution Control Act (33 U.S.C. 
1342); or 
(3) the Secretary of the Interior, acting through 
the Office of Surface Mining Reclamation and En-
forcement, or a State, under the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1201 et seq.). 
SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTIN-
UOUS HEALTH AND ENVIRONMENTAL MONI-
TORING. 
(a) REQUIREMENT.—Until the Secretary of Health 
and Human Services publishes a determination under sec-
tion 3(b)— 
(1) any person conducting a mountaintop re-
moval coal mining project shall— 
(A) conduct continuous monitoring for any 
pollution of water and air (including noise) and 
frequent monitoring of soil as a result of such 
project for the purposes of comprehensively— 
(i) characterizing any pollution emit-
ted from the project; and 
(ii) identifying ways in which mem-
bers of affected communities might be ex-
posed to these emissions; and 
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(B) submit the results of such monitoring 
to the Secretary on a monthly basis; and 
(2) the Secretary shall make such results avail-
able to the public through the World Wide Web in 
a searchable database format not later than 7 days 
after the date on which the Secretary receives such 
results. 
(b) ENFORCEMENT.—If a person conducting a moun-
taintop removal coal mining project fails to conduct moni-
toring and submit results in connection with such project 
as required by subsection (a), a permit or other authoriza-
tion may not be issued for the mountaintop removal coal 
mining project, or for an expansion of such project, by— 
(1) the Secretary of the Army, acting through 
the Chief of Engineers, or a State, under section 
404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344); 
(2) the Administrator of the Environmental 
Protection Agency, or a State, under section 402 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1342); or 
(3) the Secretary of the Interior, acting through 
the Office of Surface Mining Reclamation and En-
forcement, or a State, under the Surface Mining 
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Control and Reclamation Act of 1977 (30 U.S.C. 
1201 et seq.). 
SEC. 6. FEE TO PAY FOR HEALTH STUDIES AND MONI-
TORING. 
(a) COLLECTION AND ASSESSMENT.—The President, 
acting through the Office of Surface Mining Reclamation 
and Enforcement of the Department of the Interior, shall 
assess and collect from each person that, as of the date 
of the enactment of this Act, is conducting a mountaintop 
removal coal mining project in the United States a one- 
time fee in an amount sufficient to recover the Federal 
cost of implementing sections 3 and 5. 
(b) USE OF FEE.—Amounts received by the United 
States as a fee under this section may be used, to the 
extent and in the amount provided in advance in appro-
priations Acts, only to pay the Federal cost of carrying 
out sections 3 and 5. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) MOUNTAINTOP REMOVAL COAL MINING.— 
The term ‘‘mountaintop removal coal mining’’ means 
surface coal mining that uses blasting with explo-
sives in the steep slope regions of Kentucky, Ten-
nessee, West Virginia, and Virginia. 
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(2) STEEP SLOPE.—The term ‘‘steep slope’’ has 
the meaning that term has under section 515(d)(4) 
of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1265(d)(4)). 
Æ 
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