[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1458 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1458

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
  ensure scientific transparency in the development of environmental 
                  regulations and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2015

 Mr. Coats (for himself, Mr. Manchin, and Mrs. Capito) 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 
  ensure scientific transparency in the development of environmental 
                  regulations 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 ``Supporting Transparent Regulatory 
and Environmental Actions in Mining Act of 2015'' or the ``STREAM Act 
of 2015''.

SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED 
              ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL 
              ASSESSMENTS, AND ECONOMIC ASSESSMENTS.

    (a) In General.--Title V of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding 
at the end the following:

``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED 
              ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL 
              ASSESSMENTS, AND ECONOMIC ASSESSMENTS.

    ``(a) Definitions.--In this section:
            ``(1) Agency action.--The term `agency action' has the 
        meaning given the term in section 551 of title 5, United States 
        Code.
            ``(2) Background information.--The term `background 
        information' means--
                    ``(A) a biographical document, including a 
                curriculum vitae or resume, that details the 
                exhaustive, professional work history, education, and 
                any professional memberships of a person; and
                    ``(B) the amount and date of any Federal grants or 
                contracts received by that person.
            ``(3) Economic assessment.--The term `economic assessment' 
        means any assessment prepared by a Federal agency in accordance 
        with section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 
        note; relating to regulatory planning and review).
            ``(4) Environmental assessment.--The term `environmental 
        assessment' has the meaning given the term in section 1508.9 of 
        title 40, Code of Federal Regulations.
            ``(5) Environmental impact statement.--The term 
        `environmental impact statement' means any environmental impact 
        statement or similar analysis required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(6) Publicly available.--The term `publicly available' 
        means published online on--
                    ``(A) a publicly accessible website that allows the 
                submission of comments on proposed regulations and 
                related documents published by the Federal Government;
                    ``(B) a publicly accessible website of the 
                Secretary; and
                    ``(C) the website of the Federal Register.
            ``(7) Raw data.--The term `raw data' means any 
        computational process or quantitative or qualitative data 
        processed from a source that is relied upon in a scientific 
        product to support a finding or observation.
            ``(8) Relied upon.--The term `relied upon' means explicitly 
        cited or referenced in a rule, environmental impact statement, 
        environmental assessment, or economic assessment.
            ``(9) Rule.--The term `rule' has the meaning given the term 
        in section 551 of title 5, United States Code.
            ``(10) Scientific method.--The term `scientific method' 
        means a method of research under which--
                    ``(A) a problem is identified;
                    ``(B) relevant data are gathered;
                    ``(C) a hypothesis is formulated from the data; and
                    ``(D) the hypothesis is empirically tested in a 
                manner specified by documented protocols and 
                procedures.
            ``(11) Scientific product.--The term `scientific product' 
        means any product that--
                    ``(A) employs the scientific method for 
                inventorying, monitoring, experimenting, studying, 
                researching, and modeling purposes; and
                    ``(B) is relied upon by the Secretary in 
                development of any rule, environmental impact 
                statement, environmental assessment, or economic 
                assessment.
    ``(b) Requirements.--The Secretary shall--
            ``(1) make publicly available on the date of the 
        publication of any draft, final, emergency, or supplemental 
        rule under this Act, or any related environmental impact 
        statement, environmental assessment, or economic assessment, 
        each scientific product the Secretary relied upon in developing 
        the rule, environmental impact statement, environmental 
        assessment, or economic assessment; and
            ``(2) for those scientific products receiving Federal 
        funds, also make publicly available--
                    ``(A) the raw data used for the federally funded 
                scientific product; and
                    ``(B) background information of the authors of the 
                scientific study.
    ``(c) Compliance.--
            ``(1) In general.--Subject to paragraph (2), failure to 
        comply with the publication requirements of subsection (b)--
                    ``(A) with respect to draft or supplemental rules, 
                environmental impact statements, environmental 
                assessments, or economic assessments shall extend by 1 
                day the notice and comment period for each day of 
                noncompliance; or
                    ``(B) with respect to final or emergency rules, 
                shall delay the effective date of the final rule by 60 
                days plus an additional day for each day of 
                noncompliance.
            ``(2) Withdrawal.--If the Secretary fails to comply with 
        the publication requirements of subsection (b) for more than 
        180 days after the date of publication of any rule, or any 
        related environmental impact statement, environmental 
        assessment, or economic assessment, under this Act, the 
        Secretary shall withdraw the rule, environmental impact 
        statement, environmental assessment, or economic assessment.''.
    (b) Conforming Amendment.--The table of contents for the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is 
amended by inserting after the item relating to section 529 the 
following:

``Sec. 530. Publication of scientific products for rules and related 
                            environmental impact statements, 
                            environmental assessments, and economic 
                            assessments.''.

SEC. 3. COMPLIANCE WITH OTHER FEDERAL LAWS.

    Section 702 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1292) is amended--
            (1) by redesignating subsections (c) and (d) as subsection 
        (e) and (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Compliance With Other Federal Laws.--Nothing in this Act 
authorizes the Secretary to take any action by rule, interpretive rule, 
policy, regulation, notice, or order that duplicates any action taken 
under an Act referred to in subsection (a) (including regulations and 
rules).
    ``(d) Deference to Implementing Agencies and State Authorities.--In 
carrying out this Act (including rules, interpretive rules, policies, 
regulations, notices, or orders), the Secretary--
            ``(1) shall defer to the determinations of an agency or 
        State authority implementing an Act referred to in subsection 
        (a) with respect to any agency action under the jurisdiction of 
        the agency or State authority, as applicable; and
            ``(2) shall not make any determination regarding any agency 
        action subject to an Act referred to in subsection (a).''.
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