Amendments to Surface Mining Control and Reclamation Act of 1977

(a)

Reclamation plan requirements

Section 508(a)(7) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1258(a)(7)) is amended by inserting , not to exceed the standards established in section 515(b)(3) after reclamation plan. (b)

Revision of permits

Section 511(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1261(a)) is amended— (1)by redesignating paragraph (3) as paragraph (5); and (2)by inserting after paragraph (2) the following:

(3)A request to temporarily cease or suspend mining operations is a significant permit revision for purposes of paragraph (2). (4)In each case where no active coal removal or reclamation has occurred at a permitted mine for more than 6 months during any 3-year period, the applicable permit shall be considered out of compliance with the reclamation plan— (A)unless the permit is in compliance with the standards established in section 515(b)(3) and does not have any variances from such standards; and (B)until the date on which the regulatory authority approves— (i)a reasonable plan submitted by the operator to return to production not later than 1 year after the date on which the operator is notified that the applicable permit is considered out of compliance under this paragraph; or (ii)an application for a revision of the permit submitted by the permittee under paragraph (1).

(c)

Environmental protection performance standards

Section 515 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265) is amended— (1)in subsection (b)— (A)in paragraph (3)— (i)by inserting and not later than 180 days after the date of the last coal production as reported pursuant to section 402(c) after except as provided in subsection (c); (ii)by inserting ensure proper drainage control, after with respect to all surface coal mining operations; and (iii)by inserting and complete all final backfilling and grading before the equipment necessary for backfilling and grading is removed from the site after to retain moisture to assist revegetation or as otherwise authorized pursuant to this Act); (B)in paragraph (16), by inserting , with such specific requirements for maximum time periods allowable for contemporaneous reclamation set forth in paragraphs (3), (19), and (20) of this subsection, paragraph (7) of subsection (c), and section 519(c) after contemporaneously as practicable with the surface coal mining operations; (C)in paragraph (19), by inserting not later than 36 months after the date of last coal production as reported pursuant to section 402(c) before establish on the regraded areas; (D)in paragraph (20)— (i)in subparagraph (B), by striking the period at the end and inserting ; and; and (ii)by adding at the end the following:

(C)in no instance shall the operator be allowed more than 1 year greater than the time periods set forth in this subsection to achieve successful revegetation;

;

(E)in paragraph (22)(I), by striking the period at the end and inserting a semicolon; (F)in paragraph (23), by striking and at the end; and (G)in paragraph (24), by adding and at the end; and (2)in subsection (c), by adding at the end the following:

(7)All backfilling and regrading to ensure proper drainage control, prevent leaching of toxic materials, eliminate highwalls, spoil piles, and depressions (unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this Act), and ensure stability, shall be completed not later than 180 days after the date of coal production as reported pursuant to section 402(c).

(d)

Inspections and monitoring

Section 517(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1267(b)) is amended— (1)in paragraph (2), to read as follows:

(2)the regulatory authority shall— (A)require quarterly monitoring of both surface water and ground water during mining and reclamation; (B)specify those— (i)monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence; (ii)monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined; (iii)records of well logs and borehole data to be maintained; and (iv)monitoring sites to record precipitation; and (C)require the monitoring, data collection, and analysis required by this section to be conducted according to standards and procedures set forth by the regulatory authority in order to ensure their reliability and validity;

;

(2)by redesignating paragraph (3) as paragraph (5); and (3)by inserting after paragraph (2) the following:

(3)the regulatory authority shall conduct an annual assessment of the biological condition of streams to demonstrate progress with respect to restoring of the pre-mining biological condition of the stream; (4)the regulatory authority shall conduct an inspection of surface water runoff control structures after each precipitation event that is at least as intense as a 100-year, 6-hour precipitation event; and

(e)

Release of performance bonds or deposits

Section 519(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1269(c)) is amended— (1)in paragraph (1)— (A)by inserting and section 515(b)(3), or section 515(c)(7), as applicable, after with his approved reclamation plan; and (B)by striking 60 and inserting 40; (2)in paragraph (2), by inserting and section 515(b)(19) after in accordance with the approved reclamation plan; and (3)in paragraph (3), by inserting in accordance with the approved reclamation plan and section 515(b)(20), after When the operator has completed successfully all surface coal mining and reclamation activities.