I
104TH CONGRESS
1ST SESSION
H. R. 2372
To amend the Surface Mining Control and Reclamation Act of 1977 to
minimize duplication in regulatory programs and to give States exclusive
responsibility under approved States program for permitting and enforce-
ment of the provisions of that Act with respect to surface coal mining
and reclamation operations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1995
Mrs. CUBIN (for herself, Mr. CREMEANS, Mr. NEY, Mr. MOLLOHAN, Mr.
HANSEN, Mr. HAYWORTH, Mr. THORNBERRY, Mr. ALLARD, Mr. CAL-
VERT, Mr. DOOLITTLE, Mr. POMBO, and Mr. COOLEY) introduced the fol-
lowing bill; which was referred to the Committee on Resources
A BILL
To amend the Surface Mining Control and Reclamation Act
of 1977 to minimize duplication in regulatory programs
and to give States exclusive responsibility under approved
States program for permitting and enforcement of the
provisions of that Act with respect to surface coal mining
and reclamation operations, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Surface Mining Con-
trol and Reclamation Amendments Act of 1995’’.
SEC. 2. STATEMENT OF FINDINGS AND POLICY.
Section 101 of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(j);
(2) by striking the period at the end of para-
graph (k) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(l) a majority of the coal-producing States
have developed programs that regulate surface and
underground coal mining operations within their
borders in an environmentally sound manner, taking
into account the diversity in terrain, climate, chemi-
cal, and other physical conditions in areas subject to
mining operations; and
‘‘(m) duplication in regulatory programs should
be avoided and States assume the exclusive respon-
sibility under approved State programs for permit-
ting and enforcement of the provisions of this Act
with respect to surface coal mining and reclamation
operations within the States.’’.
SEC. 3. FUNCTIONS OF OFFICE OF SURFACE MINING REC-
LAMATION AND ENFORCEMENT.
Section 201(c)(1) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1211(c)) is amended
to read as follows:
‘‘(1)(A) administer the programs for controlling
surface coal mining operations which are required by
this Act;
‘‘(B) review and approve or disapprove State
programs for controlling surface coal mining oper-
ations and reclaiming abandoned mine lands;
‘‘(C) except in a State with an approved State
program—
‘‘(i) make those investigations and inspec-
tions necessary to ensure compliance with this
Act,
‘‘(ii) conduct hearings, administer oaths,
issue subpoenas, and compel the attendance of
witnesses and production of written or printed
material, and
‘‘(iii) review and vacate or modify or ap-
prove orders and decisions, and order the sus-
pension, revocation, or withholding of any per-
mit for failure to comply with any of the provi-
sions of this Act or any rules and regulations
adopted pursuant thereto;’’.
SEC. 4. STATE PROGRAMS.
Section 503 of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1253) is amended by
adding at the end the following:
‘‘(e) A surface coal mining and reclamation operation
that is in compliance with the terms and conditions of a
permit issued pursuant to this Act shall be deemed to be
in compliance with the environmental protection standards
of this Act and the approved State program or Federal
program or Federal lands program pursuant to this Act,
except that the regulatory authority may, pursuant to sec-
tion 511(c) of this Act, require reasonable revisions of a
permit to ensure compliance with this Act and regulatory
program.’’.
SEC. 7. ENFORCEMENT.
(a) NOTICE FOR ABATEMENT.—Section 521(a)(3) of
such Act (30 U.S.C. 1271(a)(3)) is amended by striking
‘‘or section 504(b)’’.
(b) SUSPENSION AND REVOCATION ORDER.—Section
521(a)(4) of such Act (30 U.S.C. 1271(a)(4)) is amended
by striking ‘‘or section 504’’.
(c) STATE RESPONSIBILITY.—Section 521(a) (30
U.S.C. 1271(a)) is amended by adding at the end the fol-
lowing:
‘‘(6)(A) Except as provided in subparagraph (B) and
paragraph (2) of this subsection, the regulatory authority
shall have the sole responsibility for issuance of a notice
to the permittee or his agent of a violation of any require-
ment of this Act or any permit condition required by this
Act, and the suspension or revocation of any permit issued
pursuant to a State program, which determination by the
State regulatory authority shall be subject to administra-
tive and judicial review in accordance with State law.
‘‘(B) The responsibility for enforcement at any sur-
face coal mining and reclamation operation of any provi-
sion of the Federal Water Pollution Control Act or any
State law enacted pursuant thereto, or other Federal laws
relating to preservation of water quality, including (but
not limited to) compliance with effluent limitations and
water quality standards shall rest with the regulatory au-
thority approved by the United States Environmental Pro-
tection Agency under such water quality laws.’’.
SEC. 8. JUDICIAL REVIEW.
(a) ORDER OF ALJ.—Section 526(a) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1276) is amended by adding at the end the following:
‘‘(3) For the purposes of this section, an order of an
administrative law judge in a proceeding conducted pursu-
ant to section 554 of title 5, United States Code, shall
be deemed a final decision of the Secretary subject to judi-
cial review in accordance with this section.’’.
(b) ACTIONS RELATING TO STATE PROGRAM.—Sec-
tion 526 of such Act (30 U.S.C. 1276) is amended by
striking subsection (e) and inserting the following:
‘‘(e) Action of the State regulatory authority pursu-
ant to an approved State program shall be subject to judi-
cial review by a court of competent jurisdiction in accord-
ance with State law.
‘‘(f) Where there is an approved State program, any
action of the Secretary pursuant to section 521(b) shall
be subject to judicial review by the United States district
court for the district which includes the capital of the
State whose program is at issue.’’.
SEC. 9. TIME LIMITATION.
(a) IN GENERAL.—Title VII of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1291
and following) is amended by adding the following new
section at the end thereof:
‘‘SEC. 722. TIME LIMITATION.
‘‘An action, suit, or any other proceeding under this
Act for the enforcement of any violation, fine, penalty, or
forfeiture, pecuniary or otherwise, shall be barred unless
commenced within three years from the date on which the
violation first occurs.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
in the first section of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. prec. 1201) is amended
by inserting after the item for section 719 the following:
‘‘Sec. 720. Subsidence.
‘‘Sec. 721. Research.
‘‘Sec. 722. Time limitation.’’.
SEC. 10. DEFINITIONS.
Section 701(28)(B) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1291(28)(B))
is amended by striking ‘‘and’’ at the end thereof and in-
serting the following: ‘‘For the purposes of this section,
activities and areas do not include the construction, im-
provement, or use of a road that is either designated as
a public road pursuant to the laws of the jurisdiction in
which the road is located, or maintained under the author-
ity of a governmental entity, and the road is constructed
in a manner similar to other roads of the same classifica-
tion within the jurisdiction and open to public use.’’.
Æ