Preventing Government Waste and Protecting Coal Mining Jobs in America

Bill: 113-hr-2824
Sponsor: full_name: Rep. Johnson, Bill [R-OH-6]
Introduced: 2013-07-25
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures

Coal

Congressional oversight

Department of the Interior

Government studies and investigations

Lakes and rivers

Mining

State and local government operations

Water quality
Latest action: action_date: 2014-05-08
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 373.

Summaries:
action_date: 2013-07-25
action_desc: Introduced in House
text: <p>Preventing Government Waste and Protecting Coal Mining Jobs in America - Amends the Surface Mining Control and Reclamation Act of 1977 to require state programs for regulation of surface coal mining to incorporate the necessary rule concerning excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008.</p> <p>Requires the Secretary of the Interior to: (1) publish notice of a determination when all states that wish to assume exclusive jurisdiction of such mining regulation have incorporated the rule in their programs; (2) assess the effectiveness of the rule's implementation during the five-year period following such notice; and (3) report to Congress an evaluation of the rule's effectiveness, any ways in which it inhibits energy production, and any proposed changes to the rule. <p>Prohibits issuance of any regulations regarding stream buffer zones or protection before publication of the report, other than a rule necessary to implement incorporation of the December 2008 rule described in this Act. Requires each state with an approved program for regulation of surface coal mining to submit program amendments incorporating such rule within two years of enactment of this Act.

action_date: 2014-02-28
action_desc: Reported to House without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary of that version is repeated here.)</b></p> <p>Preventing Government Waste and Protecting Coal Mining Jobs in America - Amends the Surface Mining Control and Reclamation Act of 1977 to require state programs for regulation of surface coal mining to incorporate the necessary rule concerning excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008.</p> <p>Requires the Secretary of the Interior to: (1) publish notice of a determination when all states that wish to assume exclusive jurisdiction of such mining regulation have incorporated the rule in their programs; (2) assess the effectiveness of the rule's implementation during the five-year period following such notice; and (3) report to Congress an evaluation of the rule's effectiveness, any ways in which it inhibits energy production, and any proposed changes to the rule. <p>Prohibits issuance of any regulations regarding stream buffer zones or protection before publication of the report, other than a rule necessary to implement incorporation of the December 2008 rule described in this Act. Requires each state with an approved program for regulation of surface coal mining to submit program amendments incorporating such rule within two years of enactment of this Act.

action_date: 2014-03-25
action_desc: Passed House amended
text: <p>Preventing Government Waste and Protecting Coal Mining Jobs in America - Amends the Surface Mining Control and Reclamation Act of 1977 to require state programs for regulation of surface coal mining to incorporate the necessary rule concerning excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008.</p> <p>Requires the Secretary of the Interior to: (1) publish notice of a determination when all states that wish to assume exclusive jurisdiction of such mining regulation have incorporated the rule in their programs; (2) assess the effectiveness of the rule's implementation during the five-year period following such notice; (3) carry out all required consultation on the benefits and other impacts of the implementation of the rule to any threatened or endangered species, with the participation of the United States Fish and Wildlife Service and the United States Geological Survey (USGS); and (4) report to Congress an evaluation of the rule's effectiveness, any ways in which it inhibits energy production, and any proposed changes to the rule. <p>Prohibits issuance of any regulations regarding stream buffer zones or protection before publication of the report, other than a rule necessary to implement incorporation of the December 2008 rule described in this Act. Requires each state with an approved program for regulation of surface coal mining to submit program amendments incorporating such rule within two years of enactment of this Act.

tv_txt: I 113th CONGRESS 1st Session H. R. 2824 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Johnson of Ohio (for himself and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to stop the ongoing waste by the Department of the Interior of taxpayer resources and implement the final rule on excess spoil, mining waste, and buffers for perennial and intermittent streams, and for other purposes.

1. Short title This Act may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America . 2. Incorporation of surface mining stream buffer zone rule into State programs (a) In general Section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) is amended by adding at the end the following: (e) Stream buffer zone management (1) In general In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.). (2) Study of implementation The Secretary shall— (A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred to in paragraph (1) of this subsection into their State programs, publish notice of such determination; (B) during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; and (C) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including— (i) an evaluation of the effectiveness of such rule; (ii) an evaluation of any ways in which the existing rule inhibits energy production; and (iii) a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes. (3) Limitation on new regulations The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1). . (b) Deadline for State implementation Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section.

tv_txt: IB Union Calendar No. 270 113th CONGRESS 2d Session H. R. 2824 [Report No. 113–364] IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Johnson of Ohio (for himself and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on Natural Resources February 28, 2014 Additional sponsors: Mr. Gosar , Mr. Cramer , Mrs. Lummis , and Mr. Daines February 28, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to stop the ongoing waste by the Department of the Interior of taxpayer resources and implement the final rule on excess spoil, mining waste, and buffers for perennial and intermittent streams, and for other purposes.

1. Short title This Act may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America . 2. Incorporation of surface mining stream buffer zone rule into State programs (a) In general Section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) is amended by adding at the end the following: (e) Stream buffer zone management (1) In general In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.). (2) Study of implementation The Secretary shall— (A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred to in paragraph (1) of this subsection into their State programs, publish notice of such determination; (B) during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; and (C) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including— (i) an evaluation of the effectiveness of such rule; (ii) an evaluation of any ways in which the existing rule inhibits energy production; and (iii) a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes. (3) Limitation on new regulations The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1). . (b) Deadline for State implementation Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section.

February 28, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 113th CONGRESS 2d Session H. R. 2824 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Surface Mining Control and Reclamation Act of 1977 to stop the ongoing waste by the Department of the Interior of taxpayer resources and implement the final rule on excess spoil, mining waste, and buffers for perennial and intermittent streams, and for other purposes.

1. Short title This Act may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America . 2. Incorporation of surface mining stream buffer zone rule into State programs (a) In general Section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) is amended by adding at the end the following: (e) Stream buffer zone management (1) In general In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.) which complies with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) in view of the 2006 discussions between the Director of the Office of Surface Mining and the Director of the United States Fish and Wildlife Service, and the Office of Surface Mining Reclamation and Enforcement’s consideration and review of comments submitted by the United States Fish and Wildlife Service during the rulemaking process in 2007. (2) Study of implementation The Secretary shall— (A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred to in paragraph (1) of this subsection into their State programs, publish notice of such determination; (B) during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; (C) carry out all required consultation on the benefits and other impacts of the implementation of the rule to any threatened species or endangered species, with the participation of the United States Fish and Wildlife Service and the United States Geological Survey; and (D) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including— (i) an evaluation of the effectiveness of such rule; (ii) an evaluation of any ways in which the existing rule inhibits energy production; and (iii) a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes. (3) Limitation on new regulations The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1). . (b) Deadline for State implementation Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section.

Passed the House of Representatives March 25, 2014. Karen L. Haas, Clerk.

tv_txt: II Calendar No. 373 113th CONGRESS 2d Session H. R. 2824 IN THE SENATE OF THE UNITED STATES March 26, 2014 Received May 7, 2014 Read the first time May 8, 2014 Read the second time and placed on the calendar AN ACT To amend the Surface Mining Control and Reclamation Act of 1977 to stop the ongoing waste by the Department of the Interior of taxpayer resources and implement the final rule on excess spoil, mining waste, and buffers for perennial and intermittent streams, and for other purposes.

1. Short title This Act may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America . 2. Incorporation of surface mining stream buffer zone rule into State programs (a) In general Section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) is amended by adding at the end the following: (e) Stream buffer zone management (1) In general In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.) which complies with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in view of the 2006 discussions between the Director of the Office of Surface Mining and the Director of the United States Fish and Wildlife Service, and the Office of Surface Mining Reclamation and Enforcement’s consideration and review of comments submitted by the United States Fish and Wildlife Service during the rulemaking process in 2007. (2) Study of implementation The Secretary shall— (A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred to in paragraph (1) of this subsection into their State programs, publish notice of such determination; (B) during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; (C) carry out all required consultation on the benefits and other impacts of the implementation of the rule to any threatened species or endangered species, with the participation of the United States Fish and Wildlife Service and the United States Geological Survey; and (D) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including— (i) an evaluation of the effectiveness of such rule; (ii) an evaluation of any ways in which the existing rule inhibits energy production; and (iii) a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes. (3) Limitation on new regulations The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1). . (b) Deadline for State implementation Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section.

Passed the House of Representatives March 25, 2014. Karen L. Haas, Clerk

May 8, 2014 Read the second time and placed on the calendar