A bill to provide for the cooperation between the Secretary of the Interior and the States with respect to the regulation of surface mining operations, and the acquisition and reclamation of abandoned mines.
Surface Mining Reclamation Act - Title I: Statement of Findings and Policy - States that it is the purpose of the Act to establish a nationwide program to prevent the adverse effects to society and the environment resulting from surface mining operations.
Title II: Existing and Prospective Surface Mining and Reclamation Operations - Authorizes the Secretary of the Interior to develop and publish in the Federal Register regulations covering surface mining and reclamation operations for coal and other minerals and to set forth in reasonable detail those actions which a State must take to develop a State Program and otherwise meet the requirement of this Act.
Affords interested persons and State and local governments at least thirty days after publication of such regulations to submit written comments. Establishes procedures for objecting to any proposed regulation issued by the Secretary.
Creates the Office of Land Use Policy, Reclamation, and Enforcement. Provides that the Secretary acting through the Office shall: (1) administer the State grant-in-aid program for the development of State programs for surface mining and reclamation operations provied in title IV of this Act; (2) administer the grant-in-aid program to the States for the purchase and reclamation of abandoned and unreclaimed mined areas pursuant to title III of this Act; (3) administer the grant-in-aid programs to the States for the development of State land use planning processes and the designation of land areas unsuitable for surface mining operations; and (4) administer the surface mining and reclamation research and demonstration project authority.
Provides that the provisions of this Act shall not apply to various activities including: (1) foundation excavations for the purpose of constructing buildings and other structures; (2) the extraction of minerals by a landowner for his own non-commercial use from land owned or leased by him; (3) archeological excavations; and (4) such other surface mining operations which the Secretary determines to be of an infrequent nature and which involve only minor surface disturbances.
Establishes eligibility requirements for a State to receive financial assistance under this Act and to assume full control over surface mining and reclamation operations on lands within such State, including submission to the Secretary, for approval, of a State Program which provides for the effective implementation, maintenance, and enforcement of a permit system for the regulation of surface mining and reclamation operations for coal and other minerals on lands within such State. Allows the Secretary to implement a Federal Program for any State which fails to submit its own State Program.
States that after the date of enactment of this Act, no person shall open or develop any new or previously mined and abandoned site for surface mining operations for coal on lands within any State, and no person shall significantly increase or accelerate existing surface mining operations for coal on lands within any State unless such person has first obtained a permit issued by the State regulatory authority pursuant to a State Program approved in accordance with the provisions of this Act.
Provides that the term of any permit for surface mining and reclamation operations issued pursuant to this Act shall not exceed five years and shall carry with it a right of renewal if the permittee can demonstrate compliance with the requirements of the approved State Program or a Federal Program for the State within which the operations covered by the permit. Establishes permit application requirements.
Prescribes procedures for approval of permit applications. Allows the permittee to file a request with the regulatory authority for the release of the performance bond. Provides that the regulatory authority may release in whole or in part said bond if the authority is satisfied that reclamation covered by the bond or portion thereof has been accomplished as required by this Act.
Requires each reclamation plan submitted as part of a permit application pursuant to an approved State Program or Federal Program to include a statement of: (1) the condition of the land to be covered by the permit prior to any mining; (2) the use which is proposed to be made of the land following reclamation; (3) the engineering techniques proposed to be used and a description of the major equipment; (4) the steps to be taken to insure that the surface mining and reclamation operations comply with all applicable health and safety standards; and (5) a time schedule for the completion of all stages of reclamation.
Authorizes the Secretary to make such inspections of any surface mining and reclamation operations as are necessry to evaluate the administration and enforcement of any State or Federal program. Provides that such inspections are to occur on an irregular basis, averaging not less than one inspection per month.
Provides criminal and civil penalties for violations of this Act. States that at the request of the Secretary, the Attorney General may institute a civil action in a district court of the United States for a restraining order or injunction or other appropriate remedy to enforce the purposes and the provisions of this Act.
Authorizes the Secretary to make annual grants to each State for the purpose of assisting in the development of a State land use planning process capable of making objective decisions based upon competent and scientifically sound data and information for all or certain types of surface mining operations.
Directs the Secretary to promulgate and implement a Federal Lands Program which shall be applicable to all surface mining and reclamation operations taking place pursuant to any Federal law on any Federal lands and Indian lands.
Directs the Chairman of the Council on Environmental Quality to conduct and coordinate an indepth, interagency study to determine the advisability and the impact of imposing, or failing to impose, for regional or nationwide application specific slope limitations as a means of regulating surface mining and reclamation operations for coal.
Title III: Abandoned and Unreclaimed Mined Areas - Creates in the Treasury of the United States the Abandoned Mine Reclamation Fund. Authorizes the Secretary to acquire by purchase, donation, or otherwise, land or any interest therein which has been affected by surface mining operations prior to the enactment of this Act. Provides that when the Secretary seeks to acquire an interest in land or mineral rights and cannot negotiate an agreement with the person holding title to such interest or right he shall request the Attorney General to file a condemnation suit and take such interest or right following a tender of just compensation as awarded by a jury to such persons. Authorizes to be appropriated to the Fund $100,000,000 and such other funds as the Congress may thereafter authorize.
Title IV: Administrative and Miscellaneous Provisions - Defines the various terms used in this Act. Directs the Secretary to appoint a National Advisory Committee for surface mining and reclamation operations for coal and other minerals.
Authorizes the Secretary to make annual grants to any State for the purpose of assisting such State in developing, administering, and enforcing State Programs under this Act. Authorizes the Secretary to conduct and promote the coordination and acceleration of research, studies, surveys, experiments, and training in carrying out the provisions of this Act.
Requires the Secretary to submit an annual report to the President and the Congress.
Authorizes to be appropriated $10,000,000 for the first fiscal year after the enactment of this Act, $20,000,000 for each of the next two fiscal years, and $30,000,000 for each fiscal year thereafter, in order to carry out the provisions of this Act.
Authorizes the President to suspend for a period not to exceed ninety days any requirement of this Act concerning surface mining and reclamation operations when he determines it necessary to do so because of: (1) a national emergency; (2) a critical national or regional electrical power shortage; (3) a critical national fuels or mineral shortage. Provides that any such suspension shall be followed by a report to the Congress within five days on the nature of the emergency, the action taken, and any legislative recommendations he may deem necessary.
Introduced in House
Introduced in House
Referred to House Committee on Interior and Insular Affairs.
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