[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1401 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1401

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1995

Mr. Bennett (for himself, Mr. Thomas, Mr. Simpson, Mr. Warner, and Mr. 
Hatch) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Mining Control and 
Reclamation Amendments Act of 1995''.

SEC. 2. STATEMENT OF FINDINGS AND POLICY.

    Section 101 of the Surface Mining Control and Reclamation 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 paragraph (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, chemical, and other physical conditions in areas 
        subject to mining operations; and
            ``(m) duplication in regulatory programs should be avoided 
        and States assume the exclusive responsibility under approved 
        State programs for permitting and enforcement of the provision 
        of this Act with respect to surface coal mining and reclamation 
        operations within the States.''.

SEC. 3. FUNCTIONS OF OFFICE OF SURFACE MINING RECLAMATION 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 operations and reclaiming 
        abandoned mine lands;
            ``(C) except in a State with an approved State program--
                    ``(i) make those investigations and inspections 
                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 approve 
                orders and decisions, and order the suspension, 
                revocation, or withholding of any permit for failure to 
                comply with any of the provisions of this Act or any 
                rules and regulations adopted pursuant thereto;''.

SEC. 4. STATE PROGRAMS.

    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) With respect to a State with an approved State program--
            ``(1) the State program shall apply in lieu of this Act to 
        surface coal mining and reclamation operations in the State; 
        and
            ``(2) the provisions of this Act and the regulations 
        promulgated by the Secretary pursuant to this Act shall not 
        become effective with respect to surface coal mining and 
        reclamation operations within a State with an approved State 
        program until such time as the State has amended its approved 
        State program and the permittee has been provided a reasonable 
        time (as determined by the regulatory authority) to conform 
        ongoing surface coal mining and reclamation operations to any 
        revised or additional requirements under such amended State 
        program.''.

SEC. 5. FEDERAL PROGRAMS.

    Section 504(b) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1254(b)) is amended by striking ``section 521'' and 
inserting ``section 521(b)''.

SEC. 6. PERMITS.

    Section 506 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1256) 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 section 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 following:
    ``(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 requirement 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 administrative and judicial 
review in accordance with State law.
    ``(B) The responsibility for enforcement at any surface coal mining 
and reclamation operation of any provision 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 authority approved by 
the United State Environmental Protection 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 pursuant to section 
554 of title 5, United States Code, shall be deemed a final decision of 
the Secretary subject to judicial review in accordance with this 
section.''.
    (b) Actions Relating to State Program.--Section 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 pursuant to an 
approved State program shall be subject to judicial review by a court 
of competent jurisdiction in accordance 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 Reclamation 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) of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1291(28)) is amended to read as follows:
            ``(28) `surface coal mining operation'--
                    ``(A)(i) means an activity conducted on the surface 
                of land in connection with a surface coal mine or, 
                subject to the requirements of section 516, surface 
                operations of an underground coal mine, the products of 
                which enter commerce or the operations of which 
                directly or indirectly affect interstate commerce; and
                    ``(ii) includes excavation for the purpose of 
                obtaining coal by such common methods as--
                            ``(I) contour, strip, auger, mountaintop 
                        removal, box, cut, open pit, and area mining;
                            ``(II) the use of explosives and blasting, 
                        in situ distillation or retorting, leaching or 
                        other chemical or physical processing; and
                            ``(III) the cleaning, concentrating, other 
                        processing or preparation, or loading of coal 
                        for interstate commerce at or near the mine 
                        site; but
                    ``(iii) does not include the extraction of coal 
                incidental to the extraction of oth4er minerals where 
                coal does not exceed 16\2/3\ percent of the tonnage of 
                minerals removed for purposes of commercial use or sale 
                or coal explorations subject to section 512; and
                    ``(B)(i) means the land on which such an activity 
                occurs or where such an activity disturbs the natural 
                land surface; and
                    ``(ii) includes land adjacent to land described in 
                clause (i) the use of which is incidental to any such 
                activity, land affected by the construction of new 
                roads to gain access to the site of such an activity 
                and for haulage, and excavations, workings, 
                impoundments, dams, ventilation shafts, entryways, 
                refuse banks, dumps, stockpiles, overburden piles, 
                spoil banks, culm banks, tailings, holes or 
                depressions, repair areas, storage areas, processing 
                areas, shipping areas, and other areas on which are 
                sited structures, facilities, or other property or 
                materials on the surface, resulting form or incident to 
                such an activity; but
                    ``(C) does not include the construction, 
                improvement, or use of a road that is--
                            ``(i)(I) designated as a public road under 
                        the law of the jurisdiction in which the road 
                        is located; or
                            ``(II) maintained under the authority of a 
                        governmental entity; and
                            ``(ii) constructed in a manner similar to 
                        or better than the construction of other roads 
                        that are of the same classification in the 
                        jurisdiction and are open to public use.''.
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