Surface Mining Control and Reclamation Act

(Reported to House from the Committee on Interior and Insular Affairs with amendment, H. Rept. 94-896)

Surface Mining Control and Reclamation Act - =Title I: Statement of Findings and Policy= - Declares that most of the nation's coal reserve can only be mined by underground methods. States the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining.

=Title II: Office of Surface Mining Reclamation and Enforcement= - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body.

=Title III: State Mining and Mineral Resources Research Institute= - Authorizes appropriation to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1976, $300,000 for fiscal year 1977, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work or a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar for dollar by the States.

Authorizes appropriation of $15,000,000 for fiscal year 1976, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in research institutes.

Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources.

Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research.

=Title IV: Abandoned Mine Reclamation= - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or 10 percent of the value of the coal in the mine, whichever is less.

Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mined lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines.

States that the price paid for such land shall take into account the unrestored condition of such land.

Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort.

Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price.

Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land.

=Title V: Control of the Environmental Impacts of Surface Coal Mining= - Directs publication within 180 days of enactment of this Act of regulations covering surface coal mining and reclamation and setting standards for State programs. States that such regulations must meet approval of the Environmental Protection Agency (EPA) Administrator.

Requires all surface coal mining operations commencing within six months from the date of enactment of this Act on State-regulated lands to comply with specified provisions of this Act. Requires all surface coal mining operations on State-regulated lands to be in compliance with specified provisions of this Act within one year from the date of enactment.

Requires States which wish to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations to submit to the Secretary of the Interior, within 18 months of enactment, programs for carrying out this Act, such programs to include a State regulatory authority capable of regulating surface coal mining, State laws providing for sanctions for violations of regulations, and a permit system for surface coal mining regulation. Demands that such State programs meet the approval of the EPA Administrator.

Subjects State programs to approval of Secretary of Interior within six months.

Requires implementation of a Federal program of surface coal mining regulation where States fail in such implementation.

Permits State laws and regulations that are more stringent than those set forth pursuant to this Act.

Prohibits the conduct of any surface coal mining operations by any person on or after six months from the promulgation of a State or Federal reclamation program unless the person has first obtained a permit, good for a maximum of five years, to conduct such operations. Provides for the renewal of such permits.

Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land.

States that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities.

Requires the posting of performance bonds and possession of liability insurance by applicants for permits.

Conditions the granting, revision, or renewal of a permit on a finding that the proposed surface coal mining operations, if located west of the one hundredth meridian west longitude would: (1) not interrupt farming on alluvial valley floors that are irrigated or naturally subirrigated, excluding undeveloped range lands; or (2) not adversely affect the quantity or quality of water in surface or underground systems that supply such valleys; provided that such requirements shall not affect such surface coal mining operations which produced coal in commercial quantities in the year preceding enactment of this Act.

Requires operators to obtain a permit prior to conducting any coal exploration operations which substantially disturb the natural land surface.

Sets general performance standards for environmental protection in surface coal mining which permittees under this Act must meet. Imposes additional standards for steep-slope surface mining.

Directs the Secretary, within 135 days from the date of enactment, with the concurrence of the Chief of Engineers, to promulgate standards and criteria regulating the design, construction, maintenance and abandonment of new and existing coal mine waste piles.

Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining.

Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for record keeping and submittal and monitoring by mine operators. Requires surprise inspections by regulatory agencies not less than once a month.

Imposes civil penalties for violation of this Act or regulations under it.

Provides that when an operator completes the backfilling, regrading, and drainage control of a bonded area, he may requrest a release of 60 percent of the bond. Provides that the remaining amount may be returned upon completion of all reclamation. Allows persons with a legal interest to file objections to release of bond, and for public hearings to follow.

Permits any person to bring a civil suit against any person, including the United States, alleged to be in violation of this Act.

Allows the court to award costs of litigation to parties in suits brought under this Act.

Permits the Secretary to intervene in actions under this Act.

Allows, where State regulatory authorities do not exist or fail to act, for Federal enforcement of this Act and of permit conditions. Permits issuance of an order to cease mining and reclamation.

Provides for the Attorney General to institute civil suit for a restraining order or injunction to enforce this Act or regulations under it.

Directs States to designate as unsuitable for surface coal mining those areas where reclamation is impossible or where land is fragile or of historical value. Prohibits existing mining operations from being declared unsuitable.

Requires implementation of a Federal lands program applicable to all surface mining and reclamation operations on Federal land. Requires such program to, at least, adopt all requirements of this Act.

Demands separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States.

=Title VI: Designation of Lands Unsuitable for Noncoal Mining= - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes.

=Title VII: Administrative and Miscellaneous Provisions= - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act.

Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects.

Requires the Secretary to submit an annual report to the President and the Congress.

Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska.

Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations.

Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act.

Authorizes appropriations to carry out this Act, as follows: (1) $10,000,000 for various contract authority immediately and for the next two fiscal years; (2) for administrative and other purposes, $10,000,000 for fiscal year 1977, $20,000,000 for fiscal years 1978 and 1979, and $30,000,000 for fiscal years thereafter; (3) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1977, and for the next four years.

Requires the written consent of the owner of the surface rights before the Secretary shall lease Federally- owned mineral rights, and requires compensation to be paid by the lessee to the surface owner.

States that nothing in this Act shall be construed as increasing or diminishing the rights of any owner of coal in Alaska to conduct or authorize surface coal mining operations for coal which has been or is hereafter conveyed out of Federal ownership to the State of Alaska or pursuant to the Alaska Native Claims Settlement Act; provided, that such surface coal mining operations meet the requirements of the Act.

States that nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect his interest in water resources affected by a surface coal mining operation.