A bill to provide for a program for the regulation of surface mining of coal to protect the environment.
Coal Strip Mine Control Act - Declares that the practice of surface mining for coal in the United States has resulted in the devastation of vast areas of land, in substantial environmental degradation, in an economic and social hardship on the people of these areas, and in the loss of significant scenic and natural resources.
Title I: Federal Interim Program - Provides that on and after the date of enactment of this Act any coal surface mine the products of which enter commerce or the operations of which affect commerce shall be subject to the provisions of this Act. Requires the issuance of a permit issued in accordance with the provisions of this Act before any person can, after 270 days from the date of enactment of this Act, engage in or carry out surface mining activities.
Authorizes the Administrator of the Environmental Protection Agency, within 90 days following the date of enactment of this Act, to promulgate regulations in connection with surface mining of coal. Sets forth criteria which such regulation shall contain.
Provides that such regulations shall insure that: (1) reclamation of the site will return said land to a use and topographical conformance substantially as it existed prior to commencement of operations or to a different use or topographical conformance if proposed in the application for a permit if the Administrator determines that such alternative plan meets the intent and purpose of this Act; (2) mining and reclamation operations will control or prevent erosion, flooding, and pollution of water, release of toxic substances accidental land or rocklides, damage to fish or wildlife or their habitat, or public or private property, waste or mineral resources, destruction or loss of valuable scenic resource, and hazards to public health and safety; and (3) techniques employed in mining and reclamation under this Act conform to the best practicable technology for operations upon land of like nature and character.
States that any regulation issued by the Administrator shall be subject to review in the District Court for the District of Columbia.
Sets forth procedures for the approval of applications for permits and for renewal of applications. Provides for administrative hearings and for judicial review of such decisions. States that a permit issued under this title shall be valid for a period of one year following its date of issuance and requires the posting of a performance bond with the Administrator before such permit shall be issued.
Provides for the immediate termination of any operation in violation of any of the provisions under which a permit was issued and the person holding such permit shall have 15 days within which to repair damages caused by such operation. Makes provision for the revocation of the permit if such person has not terminated his operation or repaired the damages caused by such operation.
States that whoever knowingly violates the provisions of this Act or obtains a permit or renewal thereof through fraudulent means shall be fined not more than $10,000. Provides for a fine in an amount equal to not more than $5,000 for each acre of land stripped in violation of provisions of this Act.
Makes provision for the release of performace bonds if it shall appear that said bond may be released consistent with the requirements of this title. Provides that if the Administrator does not approve the reclamation performed by the permittee he shall notify the permittee within twenty days after the request for release is filed. Provides for judicial review of any decision.
Title II: State Regulatory Program - Provides that each State in which surface mining for coal is conducted shall adopt and submit to the Administrator, within 8 months after the promulgation of criteria and guidelines by the Administrator, a program which provides for the regulation of surface mining in such State. States that the Administrator shall approve or disapprove such program within four months. Sets forth criteria that such a program shall include.
States that after the effective date of any regulatory program under this title, each State shall transmit to the Administrator a copy of any permit application received by such State and provide notice to the Administrator of all actions related to the consideration of the applications, including all permits proposed to be issued by the State. Provides that no permit shall be issued until the Administrator is satisfied that the conditions to be imposed by the State meet the requirements of this Act.
Authorizes the Administrator to require any person owning or operating any surface coal mine to establish and maintain records, install, use, and maintain monitoring equipment and provide such other information as he may reasonable require. Provides that the Administrator or his representative shall have a right of entry to, upon, or through any surface coal mine or any premise in which any records required to be maintained are kept. States that such records, reports, or other information required by this title shall be available to the public unless such access would devulge methods or processes entitled to protection as trade secrets.
Provides for Federal enforcement of violations of a State regulatory program or of any order issued by the Administrator under this title. Makes provisions for judicial review of actions of the Administrator in approving a State regulatory program under this title.
Title III: - Authorizes the Secretary of Agriculture upon request of States to provide to the States and soil conservation districts technical assistance for developing plans for the reclamation and rehabilitation of land damaged by surface mining. Authorizes the Secretary to make grants to carry out the purpose of such a plan.
Title IV: - Sets forth definitions of terms used in this Act.
Authorizes to be appropriated such sums as determined by Congress for fiscal years 1974 and 1975, and thereafter such sums as may be required for the purposes of this Act.
Introduced in Senate
Referred to Senate Committee on Interior and Insular Affairs.
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