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Strip Mining - American Mining Congress Reprints (2)
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Strip Mining - American Mining Congress Reprints (2)
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The original documents are located in Box 31, folder "Strip Mining - American Mining
Congress Reprints (2)" of the John Marsh Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
OSANKA
H 1726
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
as an original bill for the purpose of amend-
distributed as another
ment under the five-minute rule. At the
conclusion of such consideration, the Com-
membership service by the
mittee shall rise and report the bill to the
American Mining Congress
House with such amendments as may have
been adopted. and any Member may demand
a separate vote in the House on any amend-
ment adopted in the Committee of the Whole
to the bill or to the committee amendments
in the nature of a substitute. The previous
question shall be considered as ordered on
the bill and amendments thereto to final
passage without intervening motion except
one motion to recommit with or without
instructions.
The SPEAKER. The gentleman from
California is recognized for 1 hour.
Mr. SISK. Mr. Speaker, I yield 30 min-
utes to the gentleman from Ohio (Mr.
LATTA) pending which I yield myself
such time as I may consume.
(Mr. SISK asked and was given
permission to revise and extend his
remarks.)
Mr. SISK. Mr. Speaker, the reading
of House Resolution 304 makes it amply
clear that this provides for an open rule
with 2 hours of general debate on H.R.
25, a bill to provide for the cooperation
between the Secretary of the Interior
and the States with respect to the reg-
ulation of surface coal mining operations
and the acquisition and reclamation of
abandoned mines.
House Resolution 304 provides that it
shall be in order to consider the amend-
ment in the nature of a substitute recom-
mended by the Committee on Interior
and Insular Affairs now printed in the
bill as an original bill for the purpose
of amendment.
H.R. 25 is very similar to the confer-
FORD LIBRARY i 018876
ence report that the House adopted last
December by a voice vote. The confer-
ence report was pocket-vetoed and that
is the reason we are here with the new
bill.
H.R. 25 provides for the reclamation
of previously mined areas. It establishes
a reclamation fund for this purpose. H.R.
25 also grants the Secretary of the In-
terior the authority necessary to pro-
mulgate regulations covering the full
surface mining and reclamation control
programs established in the act.
SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1975
Mr. Speaker, I urge the adoption of
House Resolution 304 in order that we
Mr. SISK. Mr. Speaker, by direction
may discuss and debate H.R. 25.
of the Committee on Rules, I call up
Mr. Speaker, at this point I yield 5
House Resolution 304 and ask for its
minutes to the distinguished chairman
immediate consideration.
of the Committee on Interior and Insular
The Clerk read the resolution as fol-
Affairs, the gentleman from Florida (Mr.
lows:
HALEY).
H. RES. 304
(Mr. HALEY asked and was given
Resolved, That upon the adoption of this
permission to revise and extend his
resolution it shall be in order to move that
remarks.)
the House resolve itself into the Committee
of the Whole House on the State of the
Mr. HALEY. Mr: Speaker, for the
Union for the consideration of the bill (H.R.
fourth time in less than a year, the
25) to provide for the cooperation between
House will have an opportunity to pass
the Secretary of the Interior and the States
judgment on whether or not we are to
with respect to the regulation of surface coal
have a balanced, effective regulation of
mining operations, and the acquisition and
surface coal mining in America.
reclamation of abandoned mines, and for
other purposes. After general debate, which
Three times, a majority of our Mem-
shall be confined to the bill and shall con-
bers have said "Yes." And three times
tinue not to exceed two hours, to be equally
the Senate has agreed with us.
divided and controlled by the chairman and
But the President has withheld his
ranking minority member of the Committee
approval, and so we once again must
on Interior and Insular Affairs, the bill shall
consider this bill on its merits. I have
be read for amendment under the five-min-
ute rule. It shall be in order to consider the
little doubt as to what the outcome will
amendment in the nature of a substitute
be. I predict once again the House will
recommended by the Committee on Interior
overwhelmingly approve this measure.
and Insular Affairs now printed in the bill
That was the action of the Committee
Digitized from Box 31 of The John Marsh Files at the Gerald R. Ford Presidential Library
March 14, 1975
CONGRESSIONAL RECORD HOUSE
1727
on Interior and Insular Affairs earlier
coal goes up. Every electric consumer get-
mining, the uses of coal and electricity
this month in reporting the bill to you
ting those notices of increased rates
are going to give them one, at costs up to
for floor action. Since we had spent over
every month knows exactly what I am
$400,000 a year per State.
60 days in perfecting the language last
talking about. So if you vote for this
The administration suggested only a 10
year. we retained the bill in full commit-
bill do not go back home and say, "I
cents per ton fee, and also advocated
tre this year and asked the executive
did not vote to increase electric rates,"
many other changes in the bill we have
branch to give us their views. We were
because you will be doing exactly that
before us today which is practically the
presented with what is supposed to be,
if you vote "aye".
same as the one previously vetoed. As
and I trust is indeed, a unified position
To attempt to maintain that this bill
a matter of fact, the President sent down
on the part of the administration. We
is only putting a tax of 35 cents a ton
to the Speaker-and I am sure every
were given a list of eight crucial issues
on surface mined coal and will be pass-
Member of the House received a copy-
to reconsider. This we did in three mark-
ing it along only as a small increase is
a statement dated February 6 pointing
up sessions that followed.
ridiculous. In fact, it is ludicrous. There
to various changes needed in this legis-
Four of the eight points were modified
are many other costs involved here and
lation, changes necessary to avoid a pos-
along the lines recommended by the ad-
they will be passed along to the coal
sible veto.
ministration. Four of them were not
consumers and electric users.
Mr. Speaker, for the record I am in-
modified, because we believed our judg-
I remember when this matter was be-
serting at this point, the President's list
ment as to relevant factors remained
fore the Rules Committee and I discussed
of 8 critical changes and 19 other im-
superior to that of administration wit-
the matter of fees to be collected from
portant changes, which he suggested to
nesses.
an acre of coal with the ranking minority
improve the bill and reduce its cost to
Thus, in good faith, we present this bill
member, Mr. SKUBITZ, and I was sur-
consumers. The bill before us today, H.R.
to you again today and ask for your
prised by the amount a vein of coal 1 foot
25, does not include most of these re-
support.
thick would yield.
quired changes:
I urge you to adopt the rule swiftly
In some of the Western States they
CRITICAL CHANGES
and to turn your attention to the mer-
have strips of coal that are 40 and 45
1. Citizen suits. S. 425 would allow citizen
its, so that debate can be completed-
inches thick. The fees to be derived from
suits against any person for a "violation of
so we can adopt our version of the leg-
such veins would be difficult to imagine.
the provisions of this Act." This could un-
islation this week if possible-and
Mr. SKUBITZ. Mr. Speaker, will the
dermine the integrity of the bill's permit
then turn to the Senate bill which passed
gentleman yield?
mechanism and could lead to mine-by-mine
only Wednesday and is similar to the
Mr. LATTA. I yield to the gentleman
litigation of virtually every ambiguous as-
bill that is before us here.
from Kansas.
pect of the bill even if an operation is in
Then the President will know the
Mr. SKUBITZ. Mr. Speaker, in appear-
full compliance with existing regulations,
mood of the 94th Congress-and I trust
ing before the gentleman's Committee on
standards and permits. This is unnecessary
it will be a belief so strongly expressed
Rules, I tried to point out that, for exam-
and could lead to production delays or cur-
tailments. Citizen suits are retained in the
that he will not attempt a veto again.
ple, in the State of Kansas the coal vein
Administration bill but are modified (con-
Mr. LATTA. Mr. Speaker, I yield my-
is approximately 3 feet thick. Now, 1
sistent with other environmental legisla-
self such time as I may consume.
"acre-foot of coal will produce 1,800 tons
tion) to provide for Fuits against (1) the
(Mr. LATTA asked and was given per-
of coal, and if you multiply 1,800 tons
regulatory agency to enforce the act, and
mission to revise and extend his re-
times 3 feet times the reclamation fee of
(2) mine operators where violations of regu-
marks.)
35 cents a ton, you will know that the
lations or permits are alleged.
Mr. LATTA. Mr. Speaker, I favor a
producer will have to pay into this fund
2. Stream sittation. S. 425 would prohibit
sensible strip mine bill to reclaim our
$1,980.
increased stream siltation-a requirement
land but not one which will add unneces-
It does not take that kind of money to
which would be extremely difficult or im-
reclaim an acre of that land. The ex-
possible to meet and thus could preclude
sary costs to coal users and cause fur-
mining activities. In the Administration's
ther increases in electric rates. I, there-
penditure of $250 will do it.
bill, this prohibition is modified to require
fore, must oppose this rule and this bill.
Now, when we take the State of Mon-
the maximum practicable limitation on
I have long advocated a change in our
tana, where the coal vein runs 40 feet to
siltation.
rules on the introduction of bills SO that
80 feet in thickness, the reclamation fee
3. Hydrologic disturbances. S. 425 would
we will designate bills by number only
on a 40-foot vein will reach $25,2000 an
establish absolute requirements to preserve
rather than by title; but in view of the
acre-land worth less. Yet it does not
the hydrologic integrity of alluvial valley
fact that we have not seen fit to change
cost anywhere near that amount of
floors-and prevent offsite hydrologic dis-
our rules in this manner, it seems to me
money to actually reclaim the land.
turbances. Both requirements would be im-
possible to meet, are unnecessary for rea-
that this bill under consideration today
Where is the additional money going?
somable environmental protection and could
should be known as the 1975 act to in-
If you will read this bill, you will see that
preclude most mining activities. In the
crease electric rates in America as it will
it is going for "socioeconomic purposes"
Administration's bill, this provision is modi-
do exactly that and more.
such as building public buildings, schools,
fied to require that any such disturbances be
I think it would be well for Members
highways, sewers, and water systems.
prevented to the maximum extent practica-
from the cities-where they consume
Mr. LATTA. Mr. Speaker, I thank the
ble 80 that there will be a balance between
plently of electricity-to take another
gentleman for his contribution.
environmental protection and the need for
I might also point out that he men-
coal production.
look at this legislation, rather than say,
"I am going to vote for it and get a good
tioned that 32 States already have ade-
4. Ambiguous terms. In the case of S. 425,
quate strip mining laws on the books,
there is great potential for court interpreta-
environmental vote from some lobbying
group. You cannot reason that you will
including the State of Ohio.
tions of ambiguous provisions which could
lead to unnecessary or unanticipated adverse
not be affected because you do not have
Mr. SKUBITZ. Mr. Speaker, if the
production impact. The Administration's
strip mines in your district. Three-
gentleman will yield further, let me state
bill provides explicit authority for the Sec-
fourths of all strip-mined coal is used
that the gentleman is correct.
retary to define ambiguous terms so as to
to generate electricity-so you are af-
In addition, I stated also that in this
clarify the regulatory process and minimize
fected and your constituents will be af-
bill the fee to be charged here for re-
delays due to litigation.
fected.
claiming those lands is to be used for
5. Abandoned land reclamation fund. S.
I might say in my district, within the
schools and roads, and so forth, and that
425 would establish a tax of 35¢ 'per ton for
last couple of weeks, we have had meet-
would be in addition to the charges made
underground mined coal and 25c per ton for
surface mined coal to create a fund for re-
ing after meeting by people who have
in those 32 States to take care of land
claiming previously mined lands that have
had increases in their electric rates
that is being mined today.
been abandoned without being reclaimed,
based solely on the increased cost of coal.
Mr. LATTA. Mr. Speaker, let me add
and for other purposes. This tax is unneces-
In Ohio, and in many, many other States,
something else.
sarily high to finance needed reclamation.
the electric companies do not even have
We are not only doing that, but we are
The Administration bill would set the tax at
to go back to the Public Utilities Com-
putting money into every State for a new
10¢ per ton for all coal. providing over $1 bil-
mission to get permission to increase
purpose. If a State does not have a col-
lion over ten years which should be ample
rates to consumers when the price of
to reclaim that abandoned coal mined land
lege or university teaching a course on
in need of reclamation.
1728
CONGRESSIONAL RECORD HOUSE
March 14, 1975
Under S. 425 funds accrued from the tax on
lead to unnecessary Federal preemption, dis-
12. Permit fee. The requirement in S. 425
coal could be used by the Federal govern-
placement or duplication of State regula-
for payment of the mining fee before opera-
ment (1) for financing construction of roads,
tory activities and (2) discourage States from
tions begin could impose a large "front end"
utilities, and public buildings on reclaimed
assuming an active permanent regulatory
cost which could unnecessarily prevent some
mined lands. and (2) for distribution to
role, thus leaving such functions to the Fed-
mine openings or force some operators out
States to finance roads, utilities and public
eral government. During the past few years
of business. In the Administration's bill, the
buildings in any area where coal mining
nearly all major coal mining States have Im-
regulatory authority would have the author-
activity is expanding This provision need-
proved their surface mining laws, regula-
ity to extend the fee over several years.
lessly duplicates other Federal, State and
tions and enforcement activities. In the
13. Preferential contracting. 8. 425 would
tocal programs. and establishes eligibility
Administration bill this requirement is re-
require that special preference be given in
for Federal grant funding In n attuation
vised to Iltuit the Federal enforcement role
reclamation contracts to operators who lose
where factlities are normally financed by
during the interim program to situations
their Jobs because of the bill. Such hiring
local or State borrowing. The need for such
where a violation creates an imminent dan-
should be based solely on an operators rec-
funding including the new grant program,
ger to public health and safety or significant
lamation capability. The provision does not
has not been established. The Administra-
environmental harm.
appear in the Administration's bill.
tion bill does not provide authority for fund-
5. Surface owner consent. The requirement
14. Any Class of buyer. S. 425 would require
mg facilities.
in S. 425 for surface owner's consent would
that lessees of Federal coal not refuse to sell
6. Impoundments. S. 425 could prohibit or
substantially modify existing law by trans-
coal to any class of buyer. This could inter-
unduly restrict the use of most new or exist-
ferring to the surface owner coal rights that
fere unnecessarily with both planned and
ing impoundments, even though constructed
presently reside with the Federal govern-
existing coal mining operations, particularly
to adequate safety standards. In the Admin-
ment. S. 425 would give the surface owner
in integrated facilities. This provision is not
istration's bill, the provisions on location of
the right to "veto" the mining of Federally
included in the Administration's bill.
impoundments have been modified to permit
owned coal or possibly enable him to realize
15. Contract authority. S. 425 would pro-
their use where safety standards are met.
a substantial windfall. In addition, S. 425
vide contract authority rather than author-
7. National forests. S. 425 would prohibit
leaves unclear the rights of prospectors un-
izing appropriations for Federal casts in ad-
mining in the national forests-a prohibition
der existing law. The Administration is op-
ministering the legislation. This is unneces-
which is inconsistent with multiple use prin-
posed to any provision which could (1) result
sary and inconsistent with the thrust of the
ciples and which could unnecessarily lock up
in a lock up of coal reserves through surface
Congressional Budget Reform and Impound-
7 billion tons of coal reserves (approximate-
ment Control Act. In the Administration's
owner veto or (2) lead to windfalls. In the
ly 30% of the uncommitted Federal surface-
Administration's bill surface owner and
bill, such costs would be financed through
minable coal in the contiguous States). In
prospector rights would continue as provided
appropriations.
the Administration bill, this provision is
16. Indian lands. S. 425 could be construed
in exising law.
modified to permit the Agriculture Secretary
6. Federal lands. S. 425 would set an un-
to require the Secretary of the Interior to
to waive the restriction in specific areas
desirable precedent by providing for State
regulate coal mining on non-Federal Indian
when multiple resource analysis indicates
lands. In the Administration bill the defini-
control over mining of Federally owned coal
that such mining would be in the public
tion of Indian lands is modified to eliminate
on Federal lands. In the Administration's
interest.
this possibility.
bill, Federal regulations governing such ac-
8. Special unemployment provisions. The
17. Interest charge. S. 425 would not pro-
tivities would not be preempted by State
unemployment provision of S. 425 (1) would
vide a reasonable level of interest charged
regulations.
cause unfair discrimination among classes of
on unpaid penalties. The Administration's
7. Research centers. S. 425 would provide
unemployed persons, (2) would be difficult
bill provides for an interest charge based on
additional funding authorization for mining
to administer, and (3) would set unaccepta-
Treasury rates so as to assure a sufficient
research centers through a formula grant
ble precedents including unlimited benefit
incentive for prompt payment of penalties.
program for existing schools of mining. This
terms, and weak labor force attachment re-
18. Prohibition on mining within 500 feet
provision establishes an unnecessary new
quirements. This provision of S. 425 is in-
of an active mine. This prohibition in S. 425
spending program, duplicates existing au-
consistent with P.L. 93-567 and P.L. 93-572
would unnecessarily restrict recovery of sub-
thorities for conduct of research, and could
which were signed into law on December 31,
stantial coal resources even when mining of
fragment existing research efforts already
1974. and which significantly broaden and
the areas would be the best possible use of
supported by the Federal government. The
the areas involved. Under the Administra-
lengthen general unemployment assistance.
provision is deleted in the Administration
The Administration's bill does not include
tion's bill, mining would be allowed in such
bill.
areas as long as it can be done safely.
& special unemployment provision.
8. Prohibition on mining in alluvial valley
19. Haul roads. Requirements of S. 425
Other Important Changes. In addition to
floors. S. 425 would extend the prohibition
the critical changes from S. 425, listed above,
could preclude some mine operators from
on surface mining involving alluvial valley
there are a number of provisions which
moving their coal to market by preventing
floors to areas that have the potential for
the connection of haul roads to public roads.
should be modified to reduce adverse produc-
farming or ranching. This is an unnecessary
The Administration's bill would modify this
tion impact, establish a more workable rec-
prohibition which could close some existing
lamation and enforcement program, elimi-
provision.
mines and which would lock up significant
nate uncertainties, avoid unnecessary Fed-
coal reserves. In the Administration's bill
Now, Mr. Speaker, I think we should
eral expenditures and Federal displacement
reclamation of such areas would be required,
have gotten the President's message
of State enforcement activity and solve se-
making the prohibition unnecessary.
pretty clearly, but the bill we have be-
lected other problems.
9. Potential moratorium on issuing per-
fore us has only two significant changes
1. Antidegradation. S. 425 contains a pro-
mits. S. 425 provides for (1) a ban on the
from the bill that the President vetoed.
vision which if literally interpreted by the
mining of lands under study for designation
Let me mention these changes: The
courts, could lead to a nondegradation stand-
as unsuitable for coal mining, and (2) an
ard (similar to that experienced with the
dropping of the unemployment compen-
automatic ban whenever such a study is
Clean Air Act) far beyond the environmental
requested by anyone. The Administration's
sation provisions and the lowering of the
and reclamation requirements of the bill.
bill modifies these provisions to insure expe-
reclamation tax on underground-mined
This could lead to production delays and
ditious consideration of proposals for desig-
coal of 25 cents a ton to 10 cents per
disruption. Changes are included in the
nating lands unsuitable for surface coal
ton. But the surface-mined coal tax re-
Administration bill to overcome this problem.
mining and to insure that the requirement
mains at 35 cents a ton and, as I men-
2. Reclamation fund. S. 425 would au-
for review of Federal lands will not trigger
tioned earlier, three-fourths of the coal
thorize the use of funds to assist private
such a ban.
is used to generate electricity.
tandowners in reclaiming their lands mined
10. Hydrologic data. Under S. 425, an appli-
I would think since the President made
in past years. Such a program would result
cant would have to provide hydrologic data
in windfall gains to the private landowners
a pretty good case when he vetoed the
even where the data are already available—
who would maintain title to their lands while
a potentially serious and unnecessary work-
previous bill, we should heed some of his
having them reclaimed at Federal expense.
load for small miners. The Administration's
suggestions in order to avoid another
The Administration bill deletes this provision.
bill authorizes the regulatory authority to
veto. I think the American people wel-
3. Interim program timing. Under S. 425,
waive the requirement, in whole or in part,
comed his first veto and I think they will
mining operations could be forced to close
when the data are already available.
welcome a second veto unless some
down simply because the regulatory authority
11. Variances. S. 425 would not give the
changes are made in the bill now before
had not completed action on a mining per-
regulatory authority adequate flexibility to
us.
mit. through no fault of the operator. The
grant variances from the lengthy and detailed
The Department of Interior has esti-
Administration bill modifies the timing re-
performance specifications. The Administra-
quirements of the interim program to min-
mated that passage of this bill would—
tion's bill would allow limited variances—
imize unnecessary delays and production
with strict environmental safeguards-to
Cut coal production by between 48 and
losses.
achieve specific post-mining land uses and
141 million tons, or 8 to 23 percent of
4. Federal preemption. The Federal interim
to accommodate equipment shortages dur-
all coal production;
program role provided in S. 425 could (1)
ing the interim program.
Cause the loss of nearly 50,000 jobs;
March 14, 1975
CONGRESSIONAL RECORD HOUSE
H 1729
Require the daily import of an addi-
gave no opportunity whatsoever to the
Mr. UDALL. Mr. Speaker, will the gen-
tional 1.3 million barrels of foreign oil
people who sought to testify before the
tleman yield?
at a balance of payments cost of $5.4 bil-
Committee on Interior with respect to
Mr. LATTA. Yes; I would be happy to
lion, and causing a $2.1 billion loss of
strengthening amendments. They did
yield to the gentleman.
purchasing power in the gross national
not have an opportunity to be heard at
Mr. UDALL. Mr. Speaker, we have in
product.
all. As I understand it, the only wit-
title VII of the bill an extensive pro-
Mr. Speaker, hopefully, during the 5-
nesses who were heard were adminis-
vision that was the result of a compro-
minute rule, some of these changes the
tration witnesses in support of the bill.
mise worked out in last year's conference
administration would like to see in this
And I understand that only one day of
committee which protects bona fide sur-
legislation will be approved.
the hearings was used. Despite the fact
face owners where there is Federal coal
I know that all too frequently the
that an additional day was set aside for
underneath the land; they have to give
Members are away from the floor dur-
this purpose, that extra day was not used
their consent before surface mining will
ing the 5-minute rule, and the will of
to permit witnesses who wanted to
occur.
committee usually prevails. Hopefully,
strengthen this legislation to come before
Mr. LATTA. That takes care of the
Members will stay on the floor and sup-
the committee.
Federal Government when it owns the
port the administration's amendments
I ask the Members of this body whether
mineral rights, but I have reference
when they are proposed to reduce the
any of the people who are going to be
to the opposite situation where the sur-
costs of this bill.
affected by this legislation were given
face is owned by the Federal Govern-
Mr. Speaker, I hope that appropriate
an opportunity to be heard? They did
ment, but the mineral rights have been
changes will be made.
not get the chance to be heard, and they
retained by a private owner.
Mr. SISK. Mr. Speaker, I yield 5 min-
were not heard. Yet, a great many peo-
Mr. UDALL. We did not deal with that
utes to the gentleman from New York
ple's lives and their homes are going to
problem. I do not know of any instance
(Mr. OTTINGER)
be very directly affected by the degree
in which it would arise or be affected.
(Mr. OTTINGER asked and was given
of protection that we afford them.
Mr. LATTA. It is not covered by this
permission to revise and extend his re-
I will be offering during consideration
bill.
marks.)
of this legislation an amendment which
Mr. OTTINGER. Mr. Speaker, if the
Mr. OTTINGER Mr. Speaker, I want
will permit the people who own surface
gentleman would yield, why would not
to congratulate my good friend, the gen-
and rights an opportunity for protection
the rights of a surface owner be pro-
tleman from California (Mr. SISK), and
under this legislation, which at the
tected where the mineral rights were not
the members of the Committee on Rules
present time is only offered property land
owned by the Federal Government, but
for acting on this very important matter
surface owners where the coal rights on
were owned privately?
SO expeditiously. and particularly for the
their property are owned by the Federal
Mr. UDALL. The problem we dealt
adoption of the Moakley amendment
Government.
with was the situation in the instance
that will allow us to consider this legis-
I think surface property owners ought
where private interests owned the sur-
lation on a section-by-section basis.
to be protected, regardless who owns the
face but the Federal Government owned
I think that the gentleman from Ari-
mining rights under their home. The
the coal.
zona (Mr. UDALL) and the gentlewoman
property owners who will be affected did
The SPEAKER. The time of the gen-
from Hawaii (Mrs. MINK) have done a
not have an opportunity to be heard.
tleman has expired.
splendid job in getting this legislation
There is very severe concern in this
Mr. LATTA. Mr. Speaker, I yield my-
before the House of Representatives and
legislation that surface mining on very
self 1 additional minute.
in doing it promptly. It is legislation very
steep slopes that is particularly devas-
Mr. OTTINGER. If the gentleman will
badly wanted throughout the country. It
tating, that causes landslides, is not pro-
yield further, I think there are situations
was passed overwhelmingly in the past.
hibited in this legislation. A new Member
where private owners own both the sur-
It would be the law of the land now were
of this body who has played a very con-
face and the coal, and there is no pro-
it not for the action of the President in
structive role and who is the vice chair-
tection provided.
vetoing it. But the legislation, as it was
man of our New Members' Group, the
Mr. UDALL. In that case the whole
passed in the last Congress, represented
gentlelady from Maryland (Mrs. SPELL-
thrust of the bill is to regulate how to
a very much watered-down compromise.
MAN), will offer an amendment to pro-
mine coal, whatever the ownership is.
With the increased environmental in-
hibit that, to stop cutting off mountain-
Mr. HECHLER of West Virginia. Mr.
terest that is represented in this body,
tops and surface mining on very steep
Speaker, will the gentleman yield?
with the great number of new Members
areas resulting in mud slides that, in the
Mr. LATTA. I yield to the gentleman
on both sides of the aisle who were elect-
past. have wiped out communities, have
from West Virginia.
ed to this House largely on environmen-
divided communities, and have cut off
Mr. HECHLER of West Virginia. I
tal platforms, I think the opportunity to
their access to roads.
would like to direct another question to
strengthen this legislation is very con-
As I recall, there was one community,
the gentleman from Arizona.
siderable. There is an opportunity to put
and we saw some moving pictures of it,
We have a situation down in West Vir-
back some of the things in this bill which
a number of years back, that was cut
ginia which I planned to present to the
were in the original version of it when
off entirely from all road traffic and
Committee on Interior and Insular Af-
my friend, the gentleman from Arizona
communications. The community was cut
fairs, this week, but, of course, I did not
(Mr. UDALL originally introduced the
off by landslides resulting from strip
have an opportunity to do so, where a
legislation several years ago. This rule,
mining, and its people could not get
number of people own their own homes
as amended by the gentleman from
through even with trucks. The roads
on land where, many, many years ago
Massachusetts (Mr. MOAKLEY), will per-
were entirely lost due to the landslide.
the coal companies or land companies
mit us on a section-by-section basis to
I think situations such as these should
had bought up the land.
have the opportunity to try to put some
have been considered by the committee.
We now have the situation where
of these strengthening provisions into it.
We will have the opportunity to consider
these coal companies are coming in and
I am very optimistic, in view of the new
such cases in this legislation, thanks to
evicting these people from their houses
environmental majority that we do have
the action of the Committee on Rules.
that the people own themselves, and in
and in view of the very great opportu-
I hope the rule will be adopted and
which they have put permanent im-
nity that we have, that we will produce
that the important legislation for which
provements, and so forth, and they are
even more meaningful legislation. I
it provides will be passed overwhelming.
not being compensated by the coal com-
would like to congratulate my good
friend, neighbor, and colleague, the gen-
Mr. LATTA Mr. Speaker, I yield my-
pany that now, all of a sudden, says "We
self 1 minute, and I take this time in
are going to throw you out of these $8,000
tleman from West Virginia (Mr. HECH-
order to ask the chairman of the com-
or $10,000 homes because we want to
LER), for his splendid leadership in bring-
mittee, the gentleman from Arizona
ing about stronger legislation.
take the coal out from underneath your
(Mr. UDALL), whether this legislation
home."
Unfortunately, the Committee on In-
affects in any way the rights of an owner
I am wondering whether the gentle-
terior only set aside two days of hearings
of mineral rights situated below land
for this important legislation, and it
man or his committee would be agreeable
owned by the Federal Government.
to an amendment that would take care
H 1730
CONGRESSIONAL RECORD
March 14, 1975
of the rights of homeowners on land
Insular Affairs should have shut off and
able tonnage of strip mining). I am deeply
where coal is discovered now and where
gagged all the Members from testifying
concerned with the effects of strip mining
the coal company wants to get in and
at any hearings in 1975. There was no
now and in the future. Considerable data
mine.
opportunity whatsoever for outside wit-
has been developed since "I testified before
your Committee in 1973, plus a large amount
Mr. UDALL. I would be glad to look at
nesses to testify on the legislation this
of evidence on state administration of the
the gentleman's amendment. We did
year. H.R. 25 comes to this House with
West Virginia law, and the future effects of
have some testimony and controversy
91 new Members of this House who were
the legislation now being considered.
about the problem of the so-called
not here last year. Over 20 percent of the
I respectfully request the opportunity to
broad-form deed. but a decision was
membership were not Members of the
testify before your committee prior to the
made by the conferees last year, and it
93d Congress which debated this bill last
mark-up of the surface mining bill, in order
was not changed in this year's bill, that
year. I believe there are 14 new members
to insure that your committee receives bal-
this is largely a matter of State property
of the House Committee on Interior and
anced testimony from those who favor
strengthening the legislation as well as those
law and State constitutions. There was
Insular Affairs who have not previously
who favor weakening the legislation. Also, I
a serious question about the ability of
heard testimony on this piece of legisla-
feel that the committee should have in hand
the Federal Government to move into
tion.
1975 data on the meaning and effects of this
this situation.
The American Mining Congress, the
legislation, rather than relying on out-of-
The SPEAKER. The time of the gen-
National Coal Association, and groups
date data.
tleman has expired.
both favoring and opposing this bill have
In response, the chairman of the com-
Mr. LATTA. Mr. Speaker, I yield my-
strenuously protested the fact that the
mittee wrote to me on March 10 as
self 1 additional minute.
Committee on Interior and Insular Af-
follows:
Mr. Speaker, if the chairman of the
fairs did not give an opportunity for
WASHINGTON, D.C.,
committee would yield further for a ques-
either those who wanted to testify on be-
March 10, 1975.
tion for clarification, if I understood
half of industry or those who wanted to
Hon. KEN HECHLER,
what you said, this bill does not deal with
testify on behalf of strengthening this
Cannon Office Building,
the situation propounded in my question,
bill to appear before. the committee to
Washington, D.C.
meaning where a private citizen has sold
present their points of view.
DEAR KEN: As you know, the Committee
the surface to the Federal Government
Mr. Speaker, I fully realize the neces-
on Interior and Insular Affairs has reported
and has retained the mineral rights. This
sity for moving forward on this legisla-
the Coal Surface Mining legislation to the
House.
bill would not in any way affect the min-
tion, but there is absolutely no reason
Early this session, there was some discus-
eral rights of that private citizen?
why 1 day could not be set aside-just 1
sion concerning this matter to determine
Mr. UDALL. This is a bill that deals
day-for those Members on both sides,
whether or not it would be desirable for the
with how one mines coal in that situa-
and Members with any points of view
Committee or its Subcommittees to conduct
tion and every other situation, but we
different from the committee, to give
further hearings before taking any action.
do not attempt to change property rights
their recommendations or up-to-date in-
It was concluded that it was in the best
in the situation the gentleman talks
formation concerning what the situation
interest of the Nation to pursue the leg-
about and thus the mineral rights are
islation at the earliest opportunity. To this
is with respect to strip mining.
end, the Committee approved a resolution
not affected.
Let me point out just one little ex-
which provided that the bill would be re-
Mr. LATTA. I appreciate the gentle-
ample of information which I doubt the
ported after hearing only spokesmen for the
man's answer.
committee even today understands is
Administration on the questions raised by
Mr. Speaker, I do not have any fur-
happening. In the State of West Virginia
the presidential veto.
ther requests for time.
in the year 1974, 1 year after our previous
While I do not know what the final out-
Mr. SISK. Mr. Speaker, I yield 5 min-
hearings were held before the Interior
come will be with respect to this matter, I
utes to the gentleman from West Vir-
Committee, there were 402 applications
am hopeful that the legislation can be
ginia (Mr. HECHLER).
for permits for strip mining within the
passed by the House and approved in
reasonably comparable form by the Senate
Mr. HECHLER of West Virginia. Mr.
State of West Virginia. Of those, only
so that a bill can be presented to the Presi-
Speaker, I believe I will support this rule
four were denied-less than 1 percent of
dent in the near future. In the event that
so that we may proceed with the gen-
the permits applied for.
it is impossible to reach a reasonable com-
eral debate on H.R. 25 and the sub-
It would seem to me incumbent upon
promise, we may have to go back to the
sequent amendments for the strengthen-
the Interior Committee to review this
drawing boards again. If that occurs, you
ing of the pending legislation.
process, because this piece of legislation
will undoubtedly have an opportunity to
I would like to direct a question to the
puts primary authority on the States to
address this issue before the Committee
gentleman from California who is han-
administer the law. It is very difficult in
takes any further action.
In any case, I expect you will have an
dling the rule. As I understand the action
a State such as West Virginia or even
opportunity to make your case to the Mem-
of the Committee on Rules, as described
in Kentucky, where the coal indusrty's
bers of the House on the Floor.
by the gentleman, this bill will be read
economic and political pressures are so
With kindest regards, I am,
section by section under the 5-minute
heavy, to get a strip mining law that is
Sincerely yours,
rule; is that correct?
going to be enforced strictly and in the
JAMES A. HALEY,
Mr. SISK. Would the gentleman yield?
public interest.
Chairman.
Mr. HECHLER of West Virginia. I will
I think this is a very questionable
Mr. Speaker. I would simply like to
gladly yield to the gentleman from Call-
ruling on the part of the Committee on
observe that I fail to understand what
fornia.
Interior and Insular Affairs, but it was
the Committee on Interior and Insular
Mr. SISK. The gentleman is exactly
even more questionable when it was dis-
Affairs had to fear from my testimony.
correct. The rule makes it very clear,
covered the administration only used one
Mr. KETCHUM. Mr. Speaker, will the
and it was duly requested at the time
of its 2 days for its own testimony. It
gentleman yield?
that the various Members appeared be-
could have been easily possible for that
Mr. HECHLER of West Virginia. I
fore the committee to so provide. It is
additional day to have been set aside for
yield to the gentleman from California.
provided, and it will be read section by
the other witnesses and it is for this
Mr. KETCHUM. Mr. Speaker, I thank
section.
reason that I directed this letter to the
the gentleman from West Virginia for
Mr. HECHLER of West Virginia. I ap-
chairman of the Committee on Interior
yielding.
preciate the advice of the gentleman. I
and Insular Affairs:
I certainly hope that while the gentle-
simply would like to add my commenda-
DEAR MR. CHAIRMAN: It is my understand-
man is inserting those letters into the
tion to the gentleman from Massachu-
ing that the House Interior Committee plans
RECORD-and I can assure the gentleman
setts (Mr. MOAKLEY) who made that mo-
to bring the surface mining bill to the floor
I have no fear and I would have loved to
tion in the Committee on Rules to allow
after hearing only Administration witnesses.
this bill to be read section by section.
By this procedure, only those interested in
have him there-the gentleman might
weakening the bill are being heard.
also insert in the RECORD the vote that
As I commented in my testimony be-
Representing the Congressional District
was taken on that question.
fore the Committee on Rules, Mr. Speak-
with the largest number of coal miners, and
Mr. HECHLER of West Virginia. I be-
er, I think it is very unfortunate, how-
the largest tonnage of underground mining
lieve the record vote was 29 to 15, if my
ever. that the Committee on Interior and
in the United States (as well as a consider-
memory serves me correctly. The record
March 14, 1975
CONGRESSIONAL RECORD HOUSE
1731
vote was 29 to 15, I believe, on the legis-
Mr. HECHLER of West Virginia. Mr.
COMMITTEE ON INTERIOR
lation. But nowhere in this committee
Speaker, I cannot interpret the reasons
AND INSULAR AFFAIRS,
report, which is about 225 pages in
for the action. I am grateful to the Com-
Washington, D.C., February 12, 1975.
length. nowhere is the point of view ex-
mittee on Rules for making available
Hon. WILLIAM C. WAMPLER,
Rayburn Building,
pressed by those who wanted to
this time 80 that we may read this bill
Washington, D.C.
strengthen this legislation. There are
section by section. I think a responsible
DEAR COLLEAGUE: I have your letter and the
majority views, there are minority views,
development of the legislative process is
enclosures indicating that certain constitu-
there are committee views, there are
to hear the legislation in the committee,
ents of yours would like to have an oppor-
views of those who support or want to
and to give Members of the House an op-
tunity to testify on the surface coal mining
weaken this legislation; but nowhere in
portunity to testify. Limit the Members,
legislation.
this report has the opportunity been
if you will, to 5 or 10 minutes in the com-
At the February 3 meeting of the Com-
given to include the opinions of those af-
mittee on Interior and Insular Affairs a reso-
mittee; but at least give them an op-
lution was approved which indicated that
fected by the strip mining or those who
portunity to testify before that commit-
it was the sense of the Committee that ade-
want to strengthen H.R. 25.
tee or submit documentary material for
quate hearings had been conducted on this
Mr. HALEY. Mr. Speaker, will the
the record.
matter in recent years and that the Com-
gentleman yield?
Mr. LATTA. Mr. Speaker, will the
mittee contemplates consideration of the
Mr. HECHLER of West Virginia. I
gentleman yield?
various points which the President took into
yield to the gentleman from Florida, the
Mr. HECHLER of West Virginia. I
consideration in his veto of the legislation
chairman of the Committee on Interior
yield to the gentleman from Ohio.
approved by the Congress last year. The
and Insular Affairs.
Committee concluded that no further public
Mr. LATTA. Would not also the rules
hearings would be needed; consequently,
Mr. HALEY. The gentleman from West
apply to give the general public an op-
only Administration spokesmen are being
Virginia appears to be very critical of the
portunity to be heard? After all, the
asked to come before the Committee. We ex-
chairman of the committee, which hap-
people of this great Nation are the ones
pect to hold meetings on February 18 and 20
pens to be myself. Does the gentleman
that are going to be affected by this
and we anticipate final action on the measure
also know that this resolution reports the
legislation or any other legislation, not
no later than February 27.
bill under certain conditions and holding
only the Members of Congress.
I appreciate your interest in this matter
hearings was in the resolution adopted
I have not served on that legislative
and I hope that you understand that the
by the Committee on Interior and Insular
Committee desires to get this legislation be-
committee for a number of years, but
fore the House as soon as possible.
Affairs and, of course, the Chair presided
when I was serving on the Committee on
Sincerely yours,
and we had to follow those instructions.
Agriculture, for example, we always gave
JAMES A. HALEY,
I hope the gentleman will make that
the general public an opportunity to be
Chairman.
plain.
heard for or against the legislation. Now,
Mr. HECHLER of West Virginia. Yes.
Mr. Speaker, I urge the defeat of this
has that been changed?
I certainly appreciate the elaboration the
resolution. Let us have hearings and leg-
Mr. HECHLER of West Virginia. The
islate on the basis of current data and
gentleman made. I did not mean my re-
gentleman is absolutely right; not only
marks to be interpreted as any reflection
testimony.
members of the public, but consumers
on the chairman. This is an action of the
Mr. SISK. Mr. Speaker, may I inquire,
and others who are affected by the price
entire committee. The committee took
does the gentleman from Ohio desire to
of coal, people in the areas affected by
what I have termed questionable action
yield further time?
strip mining, all these people should have
and I must say that privately a number
Mr. LATTA. Mr. Speaker, I have no
been heard by the committee and the
of members have told me they regretted
further requests for time.
committee did not choose to follow that
that this action was taken to deprive
Mr. SISK. Mr. Speaker, I move the
policy.
members of the opportunity to testify.
previous question on the resolution.
(Mr. HECHLER of West Virginia asked
The SPEAKER. The time of the gen-
The previous question was ordered.
and was given permission to revise and
tleman from West Virginia has expired.
The SPEAKER. The question is on the
extend his remarks.)
Mr. SISK. Mr. Speaker, I yield the gen-
resolution.
tleman from West Virginia 2 additional
(Mr. HECHLER of West Virginia asked
The question was taken; and the
minutes.
and was given permission to revise and
Speaker announced that the ayes ap-
Mr. ROUSSELOT. Mr. Speaker, will
extend his remarks and include extrane-
peared to have it.
the gentleman yield?
ous matter.)
Mr. BRINKLEY. Mr. Speaker, I ob-
Mr. HECHLER of West Virginia. I
Mr. WAMPLER. Mr. Speaker, I rise in
ject to the vote on the ground that a
yield to the gentleman from California.
opposition to House Resolution 304.
quorum is not present.
Mr. ROUSSELOT. Mr. Speaker, did I
Normally, I support open rules which
The SPEAKER. Evidently a quorum is
understand the gentleman to say even
make in order legislative consideration
not present.
though there were hearings held on this
of bills which have been subjected to
The Sergeant at Arms will notify ab-
last year, we do have a number of new
normal and orderly committee hearing
sent Members.
committee members and no committee
procedure.
The vote was taken by electronic de-
hearings were held this year?
H.R. 25, the so-called Surface Mining
vice, and there were-yeas 274, nays 36,
Mr. HECHLER of West Virginia. I will
Control and Reclamation Act of 1975, was
answered "present" 1, not voting 121, as
say to the gentleman from California,
not the subject of legislative hearings
follows:
hearings were held by the Committee
before the Committee on Interior and
[Roll No. 51]
on Interior and Insular Affairs in 1973, 2
Insular Affairs during the 94th Con-
YEAS-274
years ago. Those were the last hearings
gress.
Adams
Bennett
Burlison, Mo.
held up until the time the committee held
Mr. Speaker, many citizens of Virginia,
Alexander
Bergland
Burton, Phillip
only 1 day of hearings this year, and
who will be adversely affected by this
Ambro
Biester
Byron
legislation, wanted an opportunity to be
Anderson,
Blanchard
Carr
only the administration testified. So all
Calif.
Blouin
Carter
the new members, both the new mem-
heard so they could save their jobs and
Anderson, III.
Bolling
Cederberg
bers of the Committee on Interior and
their small businesses. I think they could
Andrews, N.O.
Brademas
Chappell
Andrews,
Breaux
Chisholm
Insular Affairs and the 91 new Members
have offered a number of changes to H.R.
N. Dak.
Breckinridge
Clausen,
of the House, had no opportunity to con-
25 which would have considerably im-
Annunzio
Brinkley
Don H.
sider this legislation before it was rushed
proved the bill. This opportunity was
Archer
Brodhead
Clay
here to the floor.
denied to them.
Armstrong
Broomfield
Cohen
Aspin
Brown, Calif.
Collins, ni.
Mr. SKUBITZ. Mr. Speaker, will the
Mr. Speaker, I include as a part of my
AuCoin
Brown, Mich.
Conlan
gentleman yield?
remarks the reply of the Committee on
Badillo
Brown. Ohio
Conte
Baldus
Broyhill
Cornell
Mr. HECHLER of West Virginia. I
Interior and Insular Affairs of Febru-
Baucus
Buchanan
Crane
yield to the gentleman from Kansas.
ary 12, 1975, to my request to allow cer-
Bauman
Burgener
Daniel, Dan
Mr. SKUBITZ. Was that part of the
tain citizens of the Ninth Congressional
Beard, R.I.
Burke, Calif.
Danielson
reform movement?
Bedell
Burke, Fla.
de la Garza
District of Virginia to testify on this bill:
Bell
Burke, Mass.
Dellums
H 1732
CONGRESSIONAL RECORD - HOUSE
march 14, 1910
Derwinski
Kemp
Risenhoover
Edwards, Calif.
Kindness
Pritchard
Mr. Moiti with Mr. Neal.
Dingell
Keys
Roe
Eilberg
Koch
Railsback
Mrs. Meyner with Mr. Pickle.
Downey
Krebs
Rogers
Esch
Landrum
Rangel
Mr. Waxman with Mr. Railsback.
Downing
Krueger
Roncalio
Eshleman
Lent
Rhodes
Drinan
LaFalce
Rooney
Evans, Ind.
Litton
Rodino
The result of the vote was announced
Duncan, Oreg.
Lagomarsino
Rose
Fenwick
Lloyd, Calif.
Rosenthal
du Pont
Leggett
Rostenkowski
Fithian
Lott
Runnels
as above recorded.
Eckhardt
Lehman
Roush
Flynt
Lujan
Sautini
A motion to reconsider was laid on the
Edgar
Levitas
Roybal
Ford, Mich.
McClory
Schneebeli
table.
Emery
Lloyd, Tenn.
Ruppe
Ford. Tenn.
McKay
Schulze
English
Long. LA.
Russo
Fountain
Macdonald
Sebelius
Mr. UDALL. Mr. Speaker, I move that
Erlenborn
Long. Md
Ryan
Fraser
Mathis
Smith. Nebr.
the House resolve itself into the Commit-
Evans, Colo.
McCloskey
St Germain
Frey
Meeds
Snyder
tee of the Whole House on the State of
Evins, Tenu.
M. Cormack
Sarasin
Fulton
Metcalfe
Spence
Sarbanes
Ginn
Meyner
Staggers
the Union for the consideration of the
Fascell
McDade
Findley
McEwen
Scheuer
Goldwater
Mikva
Stanton,
bill (H.R. 25) to provide for the cooper-
Fish
McFall
Schroeder
Hammer-
Mills
J. William
ation between the Secretary of the In-
Fisher
McHugh
Seiberling
schmidt
Minish
Steelman
Flood
McKinney
Sharp
Harrington
Moakley
Steiger, Wis.
terior and the States with respect to the
Florio
Madden
Shipley
Harsha
Moorhead, Pa.
Stuckey
regulation of surface coal mining opera-
Flowers
Maguire
Shriver
Hawkins
Mottl
Sullivan
tions, and the acquisition and reclama-
Foley
Mahon
Shuster
Hefner
Murphy, N.Y.
Symington
Forsythe
Mann
Sikes
Helstoski
Neal
Talcott
tion of abandoned mines, and for other
Frenzel
Martin
Simon
Henderson
Nix
Thompson
purposes.
Fuqua
Matsunaga
Sisk
Horton
O'Brien
Waxman
The SPEAKER. The question is on the
Gaydos
Mazzoli
Skubitz
Howard
O'Hara
Wydler
motion offered by the gentleman from
Glaimo
Melcher
Slack
Hungate
O'Neill
Wylle
Gibbons
Mezvinsky
Smith, Iowa
Jones, Ala.
Pattison, N.Y.
Young, Ga.
Arizona (Mr. UDALL).
Gilman
Michel
Solarz
Jones, Tenn.
Peyser
The motion was agreed to.
Goodling
Milford
Spellman
Karth
Pickle
IN THE COMMITTEE OF THE WHOLE
Gradison
Miller, Calif.
Stanton,
Grassley
Miller. Ohio
James V.
So the resolution was agreed to.
Accordingly the House resolved itself
Green
Mineta
Stark
The Clerk announced the following
into the Committee of the Whole House
Gude
Mink
Steed
Mitchell, Md.
Stokes
pairs:
on the State of the Union for the con-
Hagedorn
Haley
Mitchell, N.Y.
Stratton
Mrs. Boggs with Mr. Boland.
sideration of the bill H.R. 25, with Mr.
Hall
Moffett
Studds
Mr. Dominick V. Daniels with Mr. Frey.
SMITH of Iowa in the chair.
Hamilton
Mollohan
Taylor, N.C.
Mr. Dent with Mr. O'Brien.
The Clerk read the title of the bill.
Hanley
Moore
Teague
Mr. Barrett with Mr. Harsha.
Hannaford
Moorhead,
Thone
By unanimous consent, the first read-
Mr. Addabbo with Mr. Cochran.
Harkin
Callf.
Thornton
Harris
Morgan
Traxler
Mr. Diggs with Mr. McClory.
ing of the bill was dispensed with.
Hastings
Mosher
Treen
Mr. Henderson with Mr. Devine.
The CHAIRMAN. Under the rule, the
Hayes. Ind.
Moss
Tsongas
Ms. Abzug with Mr. Kindness.
gentleman from Arizona (Mr. UDALL) will
Hays, Ohio
Murphy, III.
Udall
Mr. Rodino with Mrs. Smith of Nebraska.
be recognized for 1 hour, and the gentle-
Hebert
Murtha
Ullman
Mr. Dodd with Mr. Abdnor.
man from Arizona (Mr. STEIGER) will be
Hechler, W. Va.
Myers, Ind.
Van Deerlin
Heckler, Mass.
Myers. Pa.
Vander Jagt
Mr. O'Neill with Mr. Wydler.
recognized for 1 hour.
Heinz
Vander Veen
Mr. Brooks with Mr. Horton.
Natcher
The Chair recognizes the gentleman
Hicks
Nedzi
Vanik
Mrs. Sullivan with Mr. Clancy.
from Arizona (Mr. UDALL).
Hightower
Nichols
Vigorito
Mr. Staggers with Mr. Talcott.
Hillis
Nolan
Walsh
Mr. Thompson with Mr. Duncan of Ten-
Mr. UDALL. Mr. Chairman, I yield my-
Hinshaw
Nowak
Weaver
nessee.
self such time as I may consume.
Holland
Oberstar
Whalen
Mr. Jones of Tennessee with Mr. Wylie.
(Mr. UDALL asked and was given per-
Holt
Obey
White
Holtzman
Ottinger
Whitehurst
Mr. Cotter with Mr. Beard of Tennessee.
mission to revise and extend his re-
Howe
Passman
Whitten
Mr. Carney with Mr. Steiger of Wisconsin.
marks.)
Hubbard
Patten
Wiggins
Mr. Bingham with Mr. Peyser.
Mr. UDALL. Mr. Chairman, it has
Hughes
Patterson, Wilson, Bob
Mr. Flynt with Mr. Coughlin.
Hutchinson
Wilson,
been 3 years 6 months and 12 days since
Pepper
Mr. Fulton with Mr. Snyder.
Hyde
Perkins
Charles H,
Mr. Hawkins with Mr. Lujan.
the Subcommittee on Mines and Mining
Ichord
Pike
Calif.
Mr. Howard with Mr. Cleveland.
of the House Interior Committee of the
Jacobs
Pressler
Wilson.
Jarman
Preyer
Charles, Tex.
Mr. Delaney with Mr. Spence.
92d Congress opened hearings on legis-
Jeffords
Price
Winn
Mr. Early with Mrs. Fenwick.
lation to regulate strip mining. Since
Johnson, Calif.
Quie
Wirth
Mr. Eilberg with Mr. J. William Stanton.
that day, in 1971, strip mining has been
Johnson, Colo.
Randall
Wolff
Mr. Evans of Indiana with Mr. Conable.
an almost constant topic of legislative
Johnson, Pa.
Rees
Wright
Mr. Murphy of New York with Mr. Lent.
Jones, N.C.
Regula
Yates
actvity in either committee, the House,
Mr. Nix with Mr. Edwards of Alabama.
Jones, Okla.
Reuss
Yatron
Richmond
Mr. Moorhead of Pennsylvania with Mr.
or in conference, and yet we are still
Jordan
Young, Fla.
Riegle
Zablocki
Lott.
without a law.
Kasten
Kastenmeier
Rinaldo
Zeferetti
Mr. Biaggi with Mr. Hammerschmidt.
Of course, the price of coal has sky-
Mr. Bonker with Mr. Esch.
rocketed during this period-not be-
NAYS-36
Mr. Edwards of California with Mr. Gold-
cause of production costs or inflation,
Ashbrook
Hansen
Robinson
water.
Bevill
Jenrette
Rousselot
but because the price of oil has simply
Mr. Fountain with Mr. Schneebeli.
Burleson, Tex.
Kazen
Satterfield
made Btu's more valuable and more
Butler
Kelly
Steiger, Aris.
Mr. Helstoski with Mr. Eshleman.
Casey
Ketchum
Stephens
Mr. Jones of Alabama with Mr. Sebelius.
profitable-and a lot of land has been
Clawson, Del
Latta
Symms
Mr. Rosenthal with Mr. O'Hara.
stripped and inadequately reclaimed.
Collins, Tex.
McCollister
Taylor, Mo.
Mr. Rangel with Mr. Ashley.
As the committee report on H.R. 25
Daniel, Robert
McDonald
Waggonner
Mr. John L. Burton with Mr. Moakley.
demonstrates, the need for a sound Fed-
W., Jr.
Montgomery
Wampler
Davis
Patman
Young, Alaska
Mr. Corman with Mr. Hungate.
eral reclamation law has increased, not
Dickinson
Poage
Young, Tex.
Mr. D'Amours with Mr. Landrum.
decreased, and the proposition of inade-
Gonzalez
Quillen
Mr. Derrick with Mr. Macdonald of Massa-
quately expanded production is totally
Guyer
Roberts
chusetts.
Mr. Bowen with Mr. Mathis.
unacceptable.
ANSWERED "PRESENT"-I
Mr. Bafalis with Mr. Minish.
But we are still hearing the same old
Madigan
Mr. Ford of Michigan with Mr. Mikva.
cry that the strip mining bill is too
NOT VOTING-121
Mr. Fraser with Mr. Harrington.
rigid-too tilted toward environmental
Mr. Ginn with Mr. Karth.
Abdnor
Bowen
D'Amours
values. To the contrary, as the Members
Abzug
Brooks
Daniels,
Mr. Hefner with Mr. Pritchard.
of this body well know, H.R. 25 is, with a
Addabbo
Burton, John
Dominick V.
Mr. Koch with Mr. Steelman.
few modifications, the same bill that the
Ashley
Carney
Delaney
Mr. Litton with Mr. Stuckey.
Bafalis
Clancy
Dent
Mr. Runnels with Mr. McKay.
House and Senate passed, but the Presi-
Barrett
Cleveland
Derrick
Mr. Young of Georgia with Mr. Schulze.
dent vetoed last December.
Beard, Tenn.
Cochran
Devine
Mr. Conyers with Mr. Symington.
Every word, sentence, and paragraph
Biaggi
Conable
Diggs
Mr. Fithian with Mr. Ford of Tennessee.
of H.R. 25 is the result of careful com-
Bingham
Conyers
Dodd
Corman
Duncan, Tenn.
Mr. Lloyd of California with Mr. Meeds.
Boggs
promise. With the passage of time, it is
Boland
Cotter
Early
Mr. Metcalfe with Mr. Rhodes.
easy for the bill's critics to continue to
Bonker
Coughlin
Edwards, Ala.
Mr. Santini with Mr. Pattison of New York.
obfuscate the facts, but it is important
March 14, 1975
CONGRESSIONAL RECORD - HOUSE
H 1733
to put the Issue In perspective and look
Modified the siltation control standard
to insert in the RECORD a corrected sec-
bank to the major compromises that
to specify that the best "technology cur-
tion on citizen participation for the com-
have alrendy been made in the legisla-
rently available" should be used to re-
mittee report on H.R. 25 (pages 83-84)
tion:
duce siltation.
CITTZEN PARTICIPATION
First. Environmentalists and many
Moreover, the committee-
The success or failure of a national coal
citizens of the Appalachian region ar-
Accepted the administration's proposal
surface mining regulation program will de-
gued forcefully that strip mining should
that some troublesome language in the
pend, to a significant extent, on the role
be banned-the committee chose, in-
purposes section should be dropped to
played by citizens in the regulatory process.
stead. to write a regulatory bill.
avoid overly stringent court interpreta-
The State or Department of Interior can
Second. Environmentalists maintain
tion;
employ only so many inspectors, only a lim-
ited number of inspections can be made on
that given the dismal history of State
Accepted the administration amend-
a regular basis and only a limited amount
regulation, the Federal Government
ment to avoid any possible de facto mor-
of information can be required in a permit
should have primary regulatory author-
atorium on new starts;
or bond release application or elicited at &
ity in implementing the bill. Indeed, the
Approved an administration amend-
hearing. Moreover, a number of decisions to
House passed such a bill in the 92d Con-
ment to clarify the designation of lands
be made by the regulatory authority in the
gress-the committee chose, instead, to
unsuitable for mining mechanism; and
designation and variance processes under the
vest primary regulatory authority in the
Adopted a number of other amend-
Act are contingent on the outcome of land
ments that the administration had la-
use issues which require an analysis of va-
States with Federal backup.
rious local and regional considerations.
Third. Environmentalists maintained
beled as "Important Changes."
While citizen participation ts not, and can-
that there should be an immediate im-
As Members of this body also know,
not be, a substitute for governmental au-
plementation of all environmental per-
H.R. 25 was the product of 2 years of
thority, citizen involvement in all phases of
formance standards which would result
extensive debate. Barely 2 months had
the regulatory scheme will hlep insure that
in a de facto moratorium on new starts—
passed from the last conference com-
the decisions and actions of the regulatory
the House rejected this motion and
mittee meeting when the committee quite
authority are grounded upon complete and
adopted interim standards and a phase-
properly voted to limit full committee
full information. In addition, providing citi-
zen access to administrative appellate proce-
in of the new program.
markup after inviting representatives of
dures and the courts is a practical and legit-
Fourth. Environmentalists supported
the administration to present their views.
imate method of assuring the regulatory
placing the agency responsibility in the
The industry has been particularly
authority's compliance with the require-
Environmental Protection Agency-the
vocal in its outrage over the Interior
ments of the Act. Thus in imposing several
committee chose to follow the advice of
Committee's vote to proceed to markup
provisions which contemplate active citizens
the administration and industry, and
without taking additional testimony.
involvement, the Committee is carrying out
placed that responsibility in the Depart-
The American Mining Congress has,
its conviction that the participation of pri-
vate citizens is a vital factor in the regula-
ment of the Interior.
in fact, called for the return of H.R. 25
tory program as established by the Act.
Fifth. The environmental performance
to committee for the purpose of holding
H.R. 25's major citizen participation provi-
standards also reflect compromise:
hearings. In so doing, it stated that,
sions are as follows:
First. The approximate original con-
We seek no subtle technical delay.
REGULATORY PROGRAMS
tour concept is flexible in that it allows
The Mining Congress' assertion will
(a) Regulations-180 days following en-
mining where there is too little or too
not be readily accepted by those of us
actment, the Secretary is to promulgate
much overburden.
regulations for the Act's permanent program
who have suffered through the cynical
Second. There are appropriate vari-
after holding at least one public hearing.
strategy of delay hatched by industry
ances to the regrading standards to
(Sec. 50f)
lobbyists that so effectively prevented the
(b) Approval of State plan-Prior to the
allow mountain-top removal.
93d Congress from working its will in a
approval or disapproval of a State program,
Third. Topsoil must be replaced un-
timely manner. Through parliamentary
or approval or disapproval of a State's resub-
less other strata are more suitable.
maneuver and interminable amendment,
mitted program, the Secretary must hold at
Fourth. Native revegetation must be
least one public hearing in the State. (See-
the President had the opportunity to
used unless introduced species are just
tion 508)
pocket veto the bill.
PURPETT PROCESS
as good, et cetera.
In the 93d Congress the system broke
But having obtained these compro-
(a) Permit Approval or Denial-Prior to
down and it is up to the 94th Congress
submitting an application for a mining per-
mises, the administration and the indus-
to set things right.
mit, the applicant must give notice of inter-
try are apparently unsatisfled. With its
We owe no apology to the industry or
tion to submit such application through
insatiable appetite for further weaken-
the administration-their views are well
newspaper advertisements and a hearing on
ing provisions, the administration now
known, their amendments have been
the application shall be granted upon the
comes to the Congress with lists of
filing of objections to the application. (Sec-
"critical" amendments, including such
considered and some have been adopted.
tion 513)
No doubt, some of their amendments
allegedly important provisions as-
(b) Exceptions from general environmen-
will be adopted in these proceedings.
Giving the Secretary authority to de-
tal performance standards-H.R. 25 provides
The only apology due will be due to the
for exceptions to specific environmental per-
fine "ambiguous terms"-authority
American people if we are not capable of
formance standings relating to spoil place-
which he has anyway, through his power
acting quickly and decisively on this bill.
ment, backfiting, and other specific stand-
to issue regulations, and
Thus I shall not take time to rehash
ards. Notice and a public hearing are required
Weakening of a citizen suit provision
before such exceptions may be granted. (Sec-
that is somehow unacceptable in the strip
the committee position on the major is-
tion 55(e))
mining bill, although a substantively
sues presented by this legislation, I have
(c) Bond Release-After notice through
identical section was approved by the
spoken thoroughly to these points during
newspaper advertisement, an operator may
President in the deepwater ports bill the
debate on the adoption of the conference
apply for a full or partial release of his per-
report last December.
mit bond. Upon the filing of objections to
day after he vetoed the strip mining bill.
I will simply urge this body to once
such release by arry person with a valid legal
Of the other eight critical amendments
again exercise its wisdom and again at-
interest, the regulatory authority must hold
the committee accepted one and adopted
modifications or substitutes which ad-
tempt to give the Nation this badly
a public hearing on the matter. (Section 519)
needed legislation.
ENFORCEMENT
dressed the underlying concerns re-
Mr. Chairman, In the printing of the
(a) During the Interim program, the Sec-
flected by three others. Specifically, the
committee-
Interior Committee report on H.R. 25
retary is directed to implement a program
of Federal inspections to enforce the Federal
(Rept. 94-45) several paragraphs with
Dropped the special unemployment
interim standards. Upon the receipt of any
respect to citizen participation and citi-
provisions of the act;
information which may be furnished by any
zen suits were inadvertently deleted dur-
person, and which gives rise to a reasonable
Reduced the deep mine reclamation
ing the printing process. The paragraphs
belief that the interim standards are being
fee from 25 to 10 cents per ton;
deleted were contained in last year's re-
violated, the Secretary to to order the tmme-
Substituted a provision giving the
port under the same section, and even
diate inspections of the alleged offending
Corps of Engineers supervisory author-
though the legislative history from the
operation. The person who provides the Bec-
ity over the construction of waste im-
last Congress is incorporated in this
retary with the information is to be notified
poundments for the performance stand-
as to the time of the inspection and may ac-
year's consideration of the bill, I would
company the inspector during the inspection.
ard of H.R. 25; and
like to take the opportunity at this time
(Section 502(f))
!1 1734
CONGRESSIONAL RECORDHOUSE
March 14, 1975
(b) A provision similar to that described
Mr. Chairman, the House has labored
voted 29 to 11 to report H.R. 25 to the
Immediately above is operative after the in-
for many years to perfect the Surface
House as amended.
terim period (Section 521)
Mining Control and Reclamation Act of
he Committee Is aware of the concern
Mr. Chairman, H.R. 25, contrary to
that 11 relatively open administra-
1975. I believe we have finally succeeded
claims made by the President and oth-
Live and Judicial procedure will allow the
despite many delays in hammering out
ers, is not a bill which will throttle the
participation of Indiskiuals with little or no
a piece of legislation whose passage
coal Industry. It has been carefully, even
real interest In the Issues Involved in such
would be a real credit to this Congress.
painfully, designed to prevent any undue
proceedings. On the other hand, limiting
Before proceeding to consideration of
slowing down of coal production. The
access to those who have purely economic,
this bill, it might be well to recapitulate
estimates of coal production losses which
or proprietary Interests would certainly frus-
trate the Committee's desire that surface
the long and tortuous legislative course
have been bandied about-and no doubt
coal mining and regulatory processes be re-
it has followed. Surface mining has been
will be repeated on the floor today-
spousive to local citizens and other indi-
a matter of concern to Congress for
have little substance. Although Mr.
viduals or groups who have a legitimate
many years. The first hearings were held
Zarb, during his appearance before the
stake in the outcome of these governmental
in the 90th Congress. No bills were re-
committee, was questioned closely about
actions. The history of coal surface mining
ported during the 90th and 91st Con-
the methodology which was employed
is replete with examples of significant en-
gresses. The House of Representatives
in deriving the figures which had been
vironmental and social costs being borne by
those who neither profited from the mining
passed a bill (H.R. 6482) in October 1972,
quoted by the President, he was unable
activities nor had full access to the institu-
but the 92d Congress adjourned before
to produce any reliable basis for those
tions of government to correct this unfair
the Senate had completed consideration
estimates. All we have to go by is wildly
distribution of the impact of such mining.
of the House bill or of its own bill, S.
fluctuating guesses as to how many op-
The Committee bill adopts a broad test
630.
erations might be affected adversely by
of standing to participate in such critical
In the 93d Congress, the House In-
a given provision of the bill. There is
decisions as the issuance of a permit, desig-
terior and Insular Affairs Committee de-
absolutely no hard evidence behind
nation of areas unsuitable for surface coal
mining and bond release. It is the intent of
voted a major portion of its attention to
these conjectures.
the Committee that the phrases "any person
a large number of surface mining bills.
Nevertheless, the administration has
with a valid legal interest" or "any person
There were 6 days of hearings in 1973,
conjured up the specter of hundreds of
having a right which is or may be adversely
and on May 14, 1974, the committee re-
citizen suits tying up thousands of coal
affected "shall be construed to be cotermi-
ported out H.R. 11500. Floor debate be-
mining operations. Where is the in-
nous with the broadest standing require-
gan on the companion bill-passed by
dication of this happening? There is
ments enunciated by the United States Su-
the Senate on October 9, 1973-and con-
none. In Ohio, which has citizen suit
preme Court. The Committee is of the belief
tinued for 6 days prior to passage on
that the implementation of these principles
provisions comparable to those in the
shall suffice to protect the administrative
July 24, 1974. A protracted series of 18
bill, there has been no rush to the courts.
processes of the Act from possible abuse by
conference meetings resulted in eventual
Similarly, the bill's performance stand-
individuals whose interest in the questions at
agreement on December 3, 1974.
ards for steep slopes are said to be pro-
issue do not justify granting them the right
The House then failed to pass the con-
hibitive-they would ban mining on
to invoke the Act's procedures.
ference report under suspension. On De-
slopes over 20 degrees. In fact, there are
The bill also provides for the establish-'
cember 13, 1974, the bill passed the
strip mine operators in West Virginia
ment of the rights of citizens to bring an
House on a voice vote, the Senate fol-
and in Pennsylvania right now who are
action against any person, including the
appropriate regulatory authority, for the en-
lowing suit on December 16. After the
keeping their spoil on the bench, are
forcement of the Act as well as actions for
adjournment of Congress, President Ford
covering their highwalls and are com-
damages resulting from the failure of any
"pocket-vetoed" the bill on December 30,
plying with other important provisions
operator to comply with the provisions of
1974, citing various adverse economic
of these standards. There is every rea-
the Act.
impacts which he judged the bill would
son to believe that strip mine operators,
The Committee is also aware of the con-
cause.
with proper planning and foresight, can
cern expressed by some that the citizen suit
Shortly after the advent of the 94th
comply with these requirements and in
provision will encourage the commencement
of frivolous suits brought by those who op-
Congress, the President submitted a list
many cases reduce their costs into the
pose all strip mining. Obviously, judges are
of some eight "critical" and 19 non-
bargain.
quite capable of dismissing frivolous suits
critical amendments which he cited as
Far from putting a crimp in coal pro-
early in the proceedings and further protec-
necessary for improvement of the bill.
duction, this bill will stimulate the in-
tion is available as the judge may require
H.R. 25 had been submitted in nearly
dustry by removing the cloud of uncer-
the filing of a bond or equivalent security
identical form to the bill he had vetoed.
tainty and conflict which has prevented
if a temporary restraining order or prelimi-
The Interior and Insular Affairs Com-
its progress toward the President's goal
nary injunction is granted.
mittee, believing that in light of exten-
of doubling production by 1980. H.R. 25
Mr. Chairman, one of the most ef-
sive consideration which had been given
will establish the ground rules for rapid
fective and able Members of this legis-
to S. 425 in the last Congress, needless
and orderly development of our vast coal
lative body is the distinguished gentle-
delay would result from following the
resources. It will assure that coal costs
woman from Hawaii (Mrs. MINK), who
normal routine of subcommittee referral,
which have been imposed upon the peo-
chairs the Subcommittee on Mines and
hearings and full committee markup in
ple of coal-producing regions will be
Mining of the full Committee on In-
addition to subcommittee markup ses-
equitably distributed among those who
terior and Insular Affairs. With the gen-
sions, adopted a resolution dispensing
benefit most directly from the produc-
tlewoman from Hawaii I have had the
with formal hearings and subcommittee
tion and use of coal: All this, we must
responsibility over the last 2 years of
consideration. Instead, the committee re-
all agree, is only just.
developing surface mining legislation. It
ceived benefit of a presentation by the
There is no question that the indus-
has been a great source of pride and
Secretary of Interior and the Adminis-
try today can bear its fair share of those
satisfaction to me to have this associa-
trator of the Federal Energy Adminis-
costs. The profits of the coal industry
tion, and I yield such time as she may
tration, who had been invited to submit
have skyrocketed in the past few months,
consume to the gentlewoman from Ha-
their recommendations and amend-
with no apparent relationship to the
waii (Mrs. MINK).
ments. Also invited to appear before the
far slower increase in costs of produc-
(Mrs. MINK asked and was given per-
committee were the Secretary of the
tion. A recent study was issued by the
mission to revise and extend her re-
Treasury, Secretary of Commerce, Chair-
American Public Power Association and
marks.)
man of the Council on Environmental
is quoted on pages 71 and 72 of the com-
Mrs. MINK. Mr. Chairman, I want
Quality, and the Administrator of the
mittee report. It depicts graphically how
to commend my colleague, the gentle-
Environmental Protection Agency and
coal profits have broken free of the usual
man from Arizona (Mr. UDALL) for his
the Director of the Office of Management
supply-demand factors and have soared
leadership developing this legislation.
and Budget. However, none of these of-
into the stratisphere under the impetus
It has been my great pleasure to have
ficials chose to accept the invitation.
of monopolistic forces. It is therefore no
been serving, also, as chairman of the
Three days of markup sessions were
longer credible for the coal industry to
Subcommittee on Mines and Mining as
held following these presentations, at
claim that reclamation costs will be in-
the gentleman has noted.
the conclusion of which the committee
supportable.
March 14, 1975
CONGRESSIONAL RECORD HOUSE
H 1735
Neither is there any justification for
during the interim period, pending the
which have been producing coal in com-
the passing along of these reclamation
approval of State promulgation of Fed-
mercial quantities since January 1, 1972.
costs, which are estimated to amount to
eral programs.
Seventh. Anthracite coal mines: In a
around 85 cents per ton at most to the
Second. Variances: The bill provisions
comparable case of considering special
utilities and the users of electricity. Coal
allowing mountaintop removal opera-
geological and operating conditions, the
profits can and should absorb such costs
tions with specific reshaping and internal
bill contains an exemption for anthracite
as a normal part of production. If other
drainage requirement and imposing
coal mines. State regulation for anthra-
States will follow the recent example
qualifications concerning the industrial,
cite mines are allowable in lieu of the
of West Virginia, whose legislature has
commercial, residential, or public facility
act's interim performance standards,
just enacted a law requiring public hear-
developments for the postmining land
permanent performance standards, and
ings and full disclosure of all the rele-
use. Offsite spoil placement with strong
bond limits and liabilities. However, all
vant facts, perhaps we shall see an end
stabilization requirements has been al-
other provisions of the act would apply.
to the unconscionable passthrough of
lowed. Also, recognizing that wherever
It is understood that the exemption
exorbitant coal prices by means of the
there is either too much or too little spoil
will apply effectively only to Pennsyl-
automatic fuel adjustment clauses. It is
to return the site to its approximate orig-
vania, where unique problems relating to
this automatic passthrough allowed by
inal contour, some alternative spoil
the environmental protection provisions
State law, which has encouraged the
placement provisions are allowed, but
of the act have been documented. Fur-
rapid escalation of electricity rates across
the mined area must be blended into the
thermore, It was understood that the
the country, and contributed to the un-
surrounding terrain, and conform to the
Secretary would be empowered to en-
precedented rise in coal profits.
drainage pattern.
force special regulations and the other
Mr. Chairman, H.R. 25 contains strong
Third. Enforcement: H.R. 25 makes
provisions of the act should the State fail
provisions for Federal enforcement, en-
available to the Secretary the full range
to do so. The requirement upon the Secre-
vironmental protection, citizen suits, and
of sanctions against operators who are in
tary to report biennially to Congress con-
public access to information concerning
violation of interim environmental
cerning the effectiveness of the State
surface mine operations. I am pleased
standards, providing the kind of tough
regulatory program, beginning on De-
to report that despite the vicissitudes,
no-nonsense enforcement of the mini-
cember 31, 1975, was incorporated to as-
these vitally important provisions have
mum Federal standards which citizens
sure that the purposes of the act will not
been retained almost in their entirety.
can and should expect from the Federal
be circumvented.
These aspects of the bill are important,
Government in implementing this act.
Eighth. Alaska study: Coal surface
because the past record of State regula-
Fourth. Designation of areas unsuita-
mining in Alaska has been viewed as an-
tion of surface coal mining has been
ble for coal surface mining: Certain
other peculiar regional situation justify-
lamentably deficient in enforcement, en-
areas are inherently unsuitable for sur-
ing special treatment in the House bill.
vironmental protection, and citizen par-
face coal mining. Among these areas, the
The Secretary of Interior, in concert with
ticipation. This bill will open up the
bill listed the national park system, the
the National Academy of Sciences-Na-
process of decisionmaking to the scru-
national wilderness preservation system,
tional Academy of Engineering, would
tiny of those whose lives and properties
and the national forests, and alluvial
conduct a study to result in proposed reg-
will be most adversely affected by the
valley floors. Only where the regulatory
ulations appropriate to the physicial and
coal operations, giving them the oppor-
authority finds that an alluvial valley
climatic conditions in which surface
tunity to monitor and if necessary, chal-
floor is significant for present or poten-
mines in Alaska operate. During the
lenge the adequacy of regulation.
tial farming or ranching operations due
study, provisions of the act would not
At the same time, the bill will assure
to its subirrigation effect, would such a
apply.
ample opportunity to every State to es-
ban apply.
Mr. Chairman, it is evident, as in the
tablish its own regulatory system, so
States would establish a process for
instance of exemptions applying to
long as the minimum Federal perform-
designating other areas as unsuitable
Alaska mines, to special bituminous coal
ance standards are enforced. The bill
for coal surface mining by responding
mines, and to anthracite coal mines, that
sets up a uniform and equitable proce-
to petition in making a review of specific
the committee has striven to achieve
dure for the extraction of coal now so
areas. Such designations would be man-
language in the bill which will place re-
essential to the security and the well-
datory wherever reclamation pursuant to
sponsibility on the Secretary to insure
being of our citizens. In so doing, the
the act is not feasible. Thus the regula-
environmental protection in special situ-
bill would prevent the imposition of un-
tory authority would be given considera-
ations where the arbitrary shutting down
conscionable costs upon individuals and
ble latitude in determining unsuitability.
of long-established surface coal mines
upon regions who historically have been
Fifth. Noncoal mining unsuitability
might result in the loss of significant
the victims of strip mining. In my opin-
designation: The Secretary is authorized
coal production and miners' jobs. I draw
ion, Mr. Chairman we have achieved this
to review Federal areas upon the re-
attention to these cases to emphasize the
objective.
quest of the Governor of any State or
care taken in formulating this bill, that
Allow me to review very briefly the
upon petition of a citizen presenting al-
the National's coal needs would not be
major provisions of the bill as amended
legations of fact. He could designate an
jeopardized thereby.
by the Interior Committee, incorporat-
area unsuitable for noncoal mining
Ninth. Indian lands: In the matter of
ing four of the President's eight critical
where the land use is predominantly ur-
Indian lands, the bill calls for a study of
changes along with several others which
ban or suburban in nature and where
regulating surface coal mining on Indian
he deemed less essential:
possible damage would result to im-
lands. The Secretary would enforce pro-
First. Implementation: H.R. 25 allows
portant historic or environmental values.
visions at least as stringent as those of
the States 18 months within which to
Sixth. Special bituminous coal mines:
the environmental protection standards
submit regulatory programs for approval
We freely acknowledge that some of the
of the act, according to the same time
by the Secretary of Interior. During the
act's environmental standards might be
frame as that applying to the States,
interim period, all coal surface mines
impossible to enforce in cases where
with all operations on Indan lands in full
would comply with the provisions of a
there is an open pit configuration, with-
compliance within 30 months of enact-
special program. Interim environmental
out closing the mine.
ment.
standards would relate primarily to spoil
H.R. 25 includes a provision requiring
placement, approximate original contour
Tenth. Mining and mineral resource re-
that these "special bituminous coal
and hydrology. Except for operators who
search institutes: Of great significance
mines" would not be exempt but would
have failed to receive a decision on their
in the matter of improving the quality of
be subject to variation from the spoil
application for a permit due to admin-
mining technology and manpower, Mr.
handling, regrading and drainage re-
istrative delay, all operators must ob-
Chairman, was the adoption of title III,
quirements of the act, at the Secretary's
tain a permit in full compliance with the
a provision which would establish State
discretion.
approved State or Federal program with-
mining and minerals resources research
Such mines are defined so as to limit
in 40 months after enactment of the
institutes. The bill calls for a two-tier
eligibility. The special environmental
act.
funding system, and schools of mines are
controls which the Secretary would be
to be included in the categories of in-
Most important, the Secretary is given
authorized to impose for such mines
stitutions which would be eligible for
full inspection and enforcement powers
would apply only to existing mine pits
funding as institutes.
111736
CONGRESSIONAL RECORD-HOUSE
March 14, 1975
In the approved version, each partici-
outrageous profits for giving their con-
reservation. It is not a perfect bill, it
pating State will receive $200,000 for
sent to surface mine the coal, nor should
could be considerably improved. I hope
fiscal year 1975, $300,000 for fiscal year
the surface owner be deprived of a com-
the House will adopt a number of the
1976, and $400,000 for each fiscal year
pensation truly commensurate with his
amendments now pending at the desk.
thereafter for 5 years, as in the House
losses, in exchange for his consent.
The President sent us a letter at the
bill. The Secretary is also authorized to
The surface owner's consent has been
beginning of this Congress outlining spe-
expend $15 million in fiscal year 1975,
legitimized, but in so doing, the bill de-
cific objections to H.R. 25. I listed 8 con-
that sum to be increased by $2 million
limits those qualifying as surface owners
structive changes and 19 important
each fiscal year thereafter for 6 years
in terms of residence, income and means
changes to make the bill acceptable in
to be used for specific mineral and dem-
of livelihood, so as to extend protection
view of our current energy shortage. I
onstration projects and industrywide
to ranchers and farmers, and exclude
hope we can concentrate on the adoption
application and other projects carried
the speculatory. In order to encourage
of most of those changes.
out by the institutes.
the qualified surface owner to give his
We certainly do not want a bill that
The main purpose of the program is
consent-without which the Secretary
will stop or hinder the production of
the training of mineral engineers and
may not lease the coal under his land—
coal, this Nation's most abundant nat-
scientists. Contrary to the claims of the
a generous formula for compensation
ural resource. Many are of the view that
administration, there is no comparable
was devised. It is based on fair market
this bill, as reported, will do just that. I
training program at the Federal level.
value of the surface, costs of disloca-
do have specific objections which I hope
Some 35 States are estimated to be in line
tions, loss of income, damages, and an
can be cured through amendment.
for qualification under this title.
additional bonus of not more than $100
First, I do not feel the reclamation
Eleyenth. Abandoned mines reclama-
per acre.
fee of 35 cents per ton on stripped coal
tion programs: The committee, cog-
The Secretary, who alone may negoti-
and 10 cents per ton on deep mined coal
nizant of the enormous environmental
ate with the surface owner for his con-
is fair. I believe this fee is much too
and social damage left by past surface
sent, is made subject to a moratorium
high and will raise far more revenues
and underground coal mining, provided
on the leasing of any split-fee Federal
than are needed to reclaim abandoned
programs for the reclamation of previous
coal, extending from date of enactment
lands. I would like to see the fee dropped
ly mined lands, to be conducted by the
until February 1, 1976. This is to allow
to 15 cents on strip mined coal. I believe
Secretary of the Interior and the Secre-
Congress a period of time in which to
this amendment will be sufficient to re-
tary of Agriculture. Funded by a fee of 35
reconsider and if. advisable, modify these
claim only abandoned stripped lands.
cents per ton for surface mined coal and
provisions. The Secretary is to report
The reason for the higher fee, the
10 cents per ton for underground mined
back to Congress at the end of 2 years
committee thought it wise to bring in
coal or 10 percent of the value of the
following enactment, as to acreage and
sufficient moneys to pay for socioecono-
coal at the mine-whichever is lesser—
other factors affecting these provisions,
mic benefits. This included construction
50 percent of the revenues derived in
and give his views concerning the impact
of highways, schools, public facilities,
any one State or Indian reservation are
of availability of Federal coal and the re-
and even housing rehabilitation for af-
to be expended by the Secretary of the
ceipt of fair market value.
fected miners. Now I ask you, why are
Interior in that State or Indian reserva-
A penalty clause is incorporated to
we meddling in areas totally unrelated
tion for the purpose set forth in the title.
discourage any side deals between the
to the mining of coal.
This program, Mr. Chairman, will place
surface owner and the operator attempt-
These higher fees as suggested in the
the responsibility for funding a long-
ing to circumvent the statutory limita-
committee bill will be passed on to the
overdue program where it belongs-on
tion on compensation to the surface own-
consumer. As a result the users of elec-
the shouldlers of the coal industry. As I
er. Section 716 also imposes upon the
tricity in your State will be paying for
have already remarked, with the astro-
Secretary the requirement that he shall
the construction of roads and public
nomical rise in coal prices which we have
"in his discretion by to the maximum
facilities in a State like Montana where
seen in the past few months, that should
extent practicable" refrain from leasing
we might reasonably be expected to ob-
prove to be no great burden. Pass-
Federal coal underlying lands held by
tain our coal. This should not be, it is
through costs to users of electricity will
surface owners, as defined.
not the case now and I do not believe we
be minimal. Without such long-range
Mr. Chairman, the task of arriving at
should establish the precedent here. Let
funding, it is very doubtful whether any
a compromise on the protection of the
us lower the reclamation fee to 15 cents
truly effective reclamation program can
surface owner is indicative of the diffi-
across the board.
be lanuched.
culties which the committee and the con-
Mr. Chairman, I am also very much
Twelfth. Unemployment compensation:
ference committee before it faced in
concerned that the citizens suits section
In order to cushion any regional or com-
striking a proper balance. The bill rec-
of H.R. 25 creates the possibility of
munity impacts in high density mining
ognizes our national interest in surface
damaging individual rights where such a
areas such as rural Appalachia, the bill
mining Federal coal; it recognizes the
result is not needed to properly enforce
originally contained provisions allowing
just demand of the rancher and the
the bill. As reported, H.R. 25 permits citi-
extended unemployment assistance and
farmer for protection from the destruc-
zen suits against mine operators even
relief for individuals who lost their jobs
tion of food-producing land; it also rec-
though the operator is in full compliance
through administration and enforcement
ognizes, through the mandatory competi-
with a permit issued by the regulatory
of the act. Due to objections from the
tive bidding procedure, the right of the
authority pursuant to the act. The result
President concerning the possible infla-
public to be adequately compensated.
is liability without fault.
tionary effects of this program, the com-
I am confident that the bill before us
Such a result is not necessary. The
mittee deleted this provision.
today is sound legislation, a balance of
act can be fully enforced through actions
Thirteen. Surface owner protection:
the economic, social, industrial, environ-
against the regulatory authority. The
Lastly, Mr. Chairman, the peculiar legal
mental, and national security factors
defense of sovereign immunity is not per-
ramifications of coal deposits where
which have been brought to bear during
mitted the regulatory authority in
title has been retained by the United
the past years when Congress has ac-
these actions. Thus, a citizen who feels
States and the surface rights were
tively considered this legislation. This
the act is being violated even though the
held privately was nearly the undoing of
is an eminently fair bill, Mr. Chairman.
mine operator is in compliance with his
the conference committee in the 93d
I am proud to be associated with H.R. 25,
permit, must charge the regulatory agen-
Congress. A great deal of this coal must
for I believe it will accomplish what all
cy for an improperly issued permit. The
be extracted by surface mining methods.
of us ardently desire-the extraction of
liability springs from the fault.
The consequent disruption and discloca-
coal without the subjugation of people
The language suggested by the admin-
tion of ranchers and farmers in the
whose environment is unavoidably dis-
listration eliminates the potential for
Western States pose complex questions
rupted.
liability without fault. It does not shield
of equity and social justice. Coal belong-
I respectfully urge the passage of this
the mine operator from actions properly
ing to the people of the United States
bill, Mr. Chairman.
arising from a violation of his permit.
should not be locked up, nor should those
Mr. SKUBITZ. Mr. Chairman, although
It allows for the proper enforcement of
owning the surface above that coal reap
I support this legislation, I do so with
the act without disruption of the limita-
March 14, 1975
CONGRESSIONAL RECORD HOUSE
H 1737
tions on personal liability. I hope the
covered by vegetation. The land must
I might say at the present time the
language is adopted on the floor.
come as close to resembling its premining
bill the House has before it was essen-
These are only two of the changes
appearance as possible. It is important to
tially the conference report of the 93d
I believe are necessary to make this a
point out that this requirement is not
Congress. There have been some changes
workable piece of legislation. If the
intended to require restoration of mined
over last year's version but the bill re-
amendments now pending at the desk on
lands to their original elevation, but to a
mains essentially a strong compromise
citizen suits and changing the reclama-
similar configuration.
that will alter mining practices in the
tion fee are adopted, we will have a much
In all candor, I regret the fact that
Eastern mountains where decades of
better bill. I urge my colleagues to con-
this legislation is necessary at all. Had
abuse have left hundreds of thousands
sider them fairly and in an atmosphere
the States moved forward and adopted
of acres useless and will protect the
of negotiation and understanding. I do
their own surface mining legislation, the
West, but it will not stop the spread of
not want to believe, as rumor may have
Federal Government would not have had
responsible coal mining in either of these
it, that the decisions on whether to ac-
to involve itself in this legislative effort.
two settings.
cept or reject amendments have already
Even so, the States under this legisla-
There are some who would wish to stop
been made prior to their debate here.
tion still have the opportunity to develop
strip mining altogether but the fact is
The CHAIRMAN. Does the gentleman
their own plan-one that they can live
that this country cannot afford to take
from Arizona wish to yield time?
with. The Federal Government will only
that course of action. I would not go so
Mr. STEIGER of Arizona. Mr. Chair-
intervene when the basic minimum
far as to say it would be a question of
man, the gentleman from Michigan (Mr.
standards of this legislation are not
suicide in terms of pressure on our energy
RUPPE), the ranking minority member
adhered to.
resources, but certainly it would be de-
of the subcommittee will have control of
Essentially, it is directed toward pro-
bilitating to say the least to take that
the time and will be the leadoff spokes-
tecting against landscape devastation by
course of action. Others would have us
man for this side.
an irresponsible operator.
do little to alter the current practices of
Mr. RUPPE. Mr. Chairman, I yield
I would like to commend my colleague
mining on mountain sides and even less
to the gentleman from California (Mr.
(Mr. RUPPE) on his leadership in provid-
to assure that surface mining will not
LAGOMARSINO) such time as he may
ing a section of the bill dealing with re-
harm our Western States. Most of us
consume.
search, training, and skill development
have seen either personally or by way of
Mr. LAGOMARSINO. Mr. Chairman,
programs in the mining industry.
photographs the devastation which has
I thank the gentleman from Michigan
It is generally understood that the
been left by irresponsible and uncon-
for yielding.
basic reasoning behind this legislation at
trolled strip mining. If nothing else it
I will not at this time take the oppor-
this time is to have these surface mining
was these sights that provided the im-
tunity to speak on the bill but I would
standards established in advance of the
petus for legislation such as H.R. 25. We
like to take the opportunity to announce
upcoming accelerated effort that is going
simply cannot allow these practices to
to our colleagues in the House that our
to be required in order to permit coal
continue.
colleague, the gentleman from California
production to give us the badly needed
In my judgment H.R. 25 strikes a bal-
(Mr. BARRY GOLDWATER, Jr.), has just
alternative energy source.
ance. It allows strip mining but only if
become the father of a baby boy. I know
The expanded use of coal is a key im-
the land will have been reclaimed and
our colleagues will want to join in con-
mediate energy source needed to avoid
the eyesores of the past are not per-
gratulating him and his wife, Susan.
the problems of the threatened oil em-
petuated or repeated and only if we can
Incidentally, his wife Susan and the baby
bargo and to move us toward energy
insure that the mined land can continue
are both doing well.
self-sufficiency.
to serve man in a useful and beneficial
Mr. RUPPE. Mr. Chairman, I yield to
One of the provisions of the bill which
way.
the gentleman from California (Mr. DON
I feel strongly needs amending is the 35-
We have tried to protect our precious
H. CLAUSEN) such time as he may con-
cent-per-ton reclamation fee. Based on
environment but in a way which will not
sume.
very careful research, it appears to me
hinder either the immediâte require-
(Mr. DON H. CLAUSEN asked and
that a fair fee structure would be a 10-
ments for energy needs or the require-
was given permission to revise and ex-
or 15-cent-per-ton fee.
ments in the not too distant future.
tend his remarks.)
Many people are concerned about in-
Granted, we are consistently and con-
Mr. DON H. CLAUSEN. Mr. Chairman,
creasing costs of energy. Some estimates
stantly seeking new forms of energy. In
I thank the gentleman for yielding.
are that passage of this bill in its present
my opinion, one of the most important
form might increase the cost of elec-
Mr. Chairman, I strongly support pas-
pieces of legislation which the Congress
tricity in those areas utilizing coal by as
sage of this legislation. In my opinion,
passed during the past session was the
much as 15 percent.
there is a definite need for it. A number
Energy Research and Development Act,
For this reason, I am making a strong
of areas need perfecting, but I am con-
the very title of which implies that we
plea to all Members to seek a ways and
fident that this will be accomplished
recognize that we must search for alter-
means through the amending process
through the amending process.
native sources of energy. We cannot as-
where we can pare down any possible
sume the scientists will be able to invent
As the ranking minority member of
increase to the consumer. If we reduce
or perfect new energy techniques tomor-
the Flood Control Subcommittee, I was
the 35-cent-per-ton fee to 10 cents per
row or even in the next decade but we
called upon to visit the disaster area in
ton, it would have an appreciable effect
must adequately meet our requirements.
Buffalo Creek, W. Va. This made a last-
on the ultimate cost to the consumer.
Therefore we must assume we will need
ing impression on me as it was clear to
In conclusion, I recommend enactment
the coal we have in the East and in the
me that the disaster occurred as a re-
of this legislation. As I have said, there
West as well.
sult of inadequate State regulation over
are a number of areas which we can per-
the coal mining operations in that area.
I would like now to address two points
fect by way of amendments but the ap-
It resulted in a number of lives lost and
of contention. One is raised by those who
proach taken by this bill is sound and
in my view it was truly-an unforgiveable
would have us not regulate the practice
equitable. I urge my colleagues to sup-
situation.
or at the most on a minimum basis.
port it.
This legislation will establish very
Some have said that it is impossible to
(Mr. RUPPE asked and was given per-
strong environmental standards. As I
reclaim land after it is stripped. Oh, they
mission to revise and extend his re-
have stated in the past and as my col-
marks.)
say you can throw some topsoil on it,
leagues have stated today, the basic
plant some grass, but it is never going to
Mr. RUPPE. Mr. Chairman, I yield
criteria is that we must insist on the
resemble the same configuration or serve
myself such time as I may consume.
full and complete reclamation of mined
a useful purpose. From my view, that is
lands. At the same time, we must prevent
Mr. Chairman, I rise in support of
simply not a true statement. During some
the mining of those lands which, for one
H.R. 25 and I wish to compliment all
of my field trips to Ohio and Pennsyl-
those on the committee and the sub-
vania the Interior Committee saw re-
reason or another, cannot be reclaimed.
committee who worked so hard to bring
claimed lands-lands that had contour,
In addition, the bill requires that
this legislation to the floor today, it is
that were green, that looked like they
lands be returned to the approximate
essentially good legislation and on bal-
belonged.
original contour and requires they be
ance, I strongly support it.
I personally remember talking to a
H 1738
CONGRESSIONAL RECORD HOUSE
March 14, 1975
farmer, I believe it was in Ohio, who
ate future. I cannot help but think that
tor regrade the mined area inside and
stated his farm was more productive
the industry would be hesitant to initiate
around the perimeter of the mined area
after reclamation and after mining than
openings in anticipation of this legisla-
so that the depression blends into the
prior to strip mining For example, he
tion. They know they are going to be
surrounding terrain, and that within the
indicated the water draining WAR far
regulated. They just do not know ex-
mined area, the surface of the land
superior We must also remember that
actly how.
"closely resembles" its premining con-
reclamation techniques are constantly
I would caution that I do not expect
figuration.
being improved, so if what we have now
coal production to take a dramatic leap
This is a rational. reasonable, but,
can do the job. reclamation will be even
immediately after enactment. While the
frankly. a tough standard that does not
better in a few years. I personally reject
uncertainties of the present situation
require the impossible.
arguments to the contrary as pure scare
would be clarified, this is but one fact
A second good point of this legislation
tactics.
influencing production. Others having a
is that it is a State-lead bill. Each State
I also reject as scare tactics that en-
great impact would seem to be the ques-
which has, or expects to have, coal sur-
actment of this legislation will result in
tion of the allowance of the use of high
face mining operations is provided 18
substantial losses in terms of coal mined.
sulfur coal, the problems of transport-
months after enactment to submit a
At this point, I will insert in the RECORD
ing mined coal, the availability of trained
State program to the Secretary of the
a short chart I have prepared illustrat-
mining personnel, and this country's
Interior for approval. This is not the
ing the effects of the Ohio and Pennsyl-
economic situation in general.
Federal Government dictating to the
vania laws regulating strip mining:
I would now like to switch directions.
States what they must or must not do.
COAL PRODUCTION
One of the most personally frustrating
It is only when the State fails to submit
aspects of my prolonged relationship
a program, or when it has failed to be
Surface coal
with this, and prior, strip mining legis-
approved, or when the plan, or portion
production
(in million
lation has been that those of us who have
thereof, is not enforced or implemented
Number of
State and year
operators
tons)
tried to strike a balance-who have in-
by the States, that the Federal Govern-
sisted that strip mining could be done in
ment may step in with its plans and
Ohio:
a responsible manner-have always had
regulations.
1971
267
38.5
to be on the defensive. We have been
Another significant part of this legis-
1972
271
34.6
1973
207
29.6
damned from all sides. We constantly
lation is that we allow citizen input
1974
377
30.6
heard that we had gone too far there or
throughout the process. I personally feel
Pennsylvania
1971
584
28.5
not far enough in another place. I think
that one aspect of the citizen suit provi-
1972 :
679
26.5
we can probably pat ourselves on the
sion goes substantially too far, and I will
1973
830
30.2
846
back because the criticism is coming
1974
42.0
offer an amendment at the appropriate
from both ends of the spectrum. I think
time to limit this course of action in one
this indicates that we have struck the
instance. We recognize that citizen in-
1 The law took effect in April 1972. 1972 figures affected by a
1-month strike in January.
balance we were after all along. But, I,
volvement in the administrative proce-
2 The law took effect in January 1972. 1972 figures affected by
for one, am tired of defending. The sup-
dures can be a very important check on
a 1-month-long strike in January.
porters have spent most of their time
governmental agencies and will insure
These figures show that, indeed, there
answering the charges of those in opposi-
that decisions are not made capriciously
is an initial lapse in production. How-
tion. Maybe this is only natural because
and that actions are taken with full and
ever, it should be pointed out that
it is a controversial matter. But, I would
complete information.
neither of these States' statutes provided
like to reverse that now, if just for a mo-
The committee also recognized the dif-
for an interim period, as does H.R. 25,
ment, and talk about what is good about
ficulty of imposing our strict standards
with relatively relaxed environmental
H.R. 25.
on the States and on the operators im-
standards and administrative procedures,
The most obvious "good" point is that
mediately upon enactment of this leg-
so that the full implementation could
we have written some tough environ-
islation. On the other hand, we were not
be eased into. These figures do indicate
mental standards into this legislation.
going to allow an extended period after
that production began to rise again after
The prime example is that if land cannot
enactment in which irresponsible oper-
the first year. If the 1972 figures seem
be reclaimed, it cannot be mined. That
ators could strip free of all regulation.
too low, perhaps it should be emphasized
is a pure and simple statement of fact
Therefore, we wrote in a very sensible
that in that year there was a month-
that is explicit in this legislation. Also,
interim program that will give all con-
long strike in the coal industry.
we insist on elimination of high walls.
cerned a period of time to accustom
The figures also show an increase in
We prohibit the placement of spoil on
themselves with the new law and reg-
the number of coal operators. In Penn-
the downslope. We insist on vegetative
ulations but insist in the meantime on a
sylvania, the year before enactment,
cover.
few specific environmental standards.
there were 583 operators. However, in
However, we plainly realize that the
The final good point which I will ad-
1973, the year after enactment, there
lands which will be mined vary in terms
dress at this point is the recognition by
were 830 operators, or almost a 50 per-
of their physical characteristics, and as
the committee that it is important for
cent increase. My interpretation of these
a result we have provided rational flexi-
us to foster research and training in the
figures is that coal surface mining laws
bility. We do not mandate that the mined
fields of mining and minerals. This coun-
would not significantly hurt produc-
land be returned to exactly the same
try has a critical need today for techni-
tion-that once the industry knows the
shape as it was prior to mining. What the
cal personnel in these areas. Michigan
regulations and starts to work in ac-
committee has obliged operators to do is
Technological University, situated in
cordance with them, production will
to return the land to its "approximate
Houghton, Mich., in my congression-
definitely and absolutely rise. By the
original contour." It should be empha-
al district, is known as one of the lead-
very fact that there has been a substan-
sized here once again, as I have at-
ing institutions in the country in the
tial increase in the number of operators,
tempted to do many times in the past,
fields of mining and metalurgical engi-
goes to show that the industry can live
that "approximate original contour" does
neering. However, at the present time,
with the regulations and still make a
not mean that the land must be returned
Michigan Tech is only graduating ap-
profit.
to original elevation. This would be pa-
proximately 40 students per year in these
I can assure this House that these new
tently ridiculous in the case of a thick
fields, and does not even begin to meet
operators did not go into the business
seam of coal covered by a relatively thin
the industry's needs. This country must
because they had nothing better to do.
stratum of overburden. When this coal
respond to the urgent needs of resource
I am sure the profit motive was very
is mined, it will create a depression that
development, and, therefore, in H.R. 25
much in their minds.
could not be returned to the original ele-
we have established mining and mineral
Also, in terins of coal production, I
vation without hauling an enormous
research institutes to train the man-
would think that the present uncertainty
amount of materials from some other lo-
power to meet our future requirements.
of the situation must have some effects
cation, there by creating a similar de-
Grants will be provided on a matching
on present operations or those which
pression elsewhere. Therefore, the com-
basis to a school, division, or department
are scheduled to begin in the immedi-
mittee bill requires that the coal opera-
which conducts a program of substantial
March 14, 1975
CONGRESSIONAL RECORD HOUSE
H 1739
institution and research in mining or
port this legislation on the floor when
insist that the full force of Federal law
minerals extraction. We have placed pri-
it comes to final passage.
require these minimums:
mary importance on the training of min-
I would like to say again it is not, as
First. No strip mining where reclama-
eral engineers and scientists. We au-
some would indicate, an industry bill, nor,
tion cannot be guaranteed to bring the
thorize an initial sum of $15 million in
as some would allege, the product of en-
land back to as good or better condition
fiscal 1975, and increase this figure an-
vironmental extremism, but it is the best
and production as it was before min-
nually by $2 million-for 6 years. These
effort of the Committee on Interior and
ing-absolute enforcement to bring the
grants will benefit the mining industry.
Insular Affairs to bring us legislation on
land back to complete reclamation;
the environment, and society in general.
an extremely complex issue.
Second. Water, whether it is on the
Aside from our environmental standards,
Mr. Chairman, I believe that the mem-
surface or underground cannot be di-
I personally consider this one of the most
bers of the subcommittee, the members
minished, diverted or in any way altered
important, long-range aspects of this
of the full committee, my colleague, the
that is detrimental to those of us in the
legislation.
gentleman from Arizona, and my col-
West, to those of us who depend on it
I would conclude by saying that the
league, the gentleman from Hawaii, have
as if it were our lifeblood;
coal industry stands at the brink of an
done an excellent job in.preparing this
Third. The rights of the landowner to
era in which it can, must, and will make
legislation and in bringing it to the mem-
which the mineral estate has been re-
significant contributions to the Nation's
bership of this House.
tained by the Federal Government must
energy supply picture-more now, I
Mr. KETCHUM. Mr. Chairman, will
be recognized and guarded. The land-
would say, than ever before. But at the
the gentleman yield?
owner must have the prerogative to say
same time, we are in an age of environ-
Mr. RUPPE. I yield to the gentleman
"no" to the mining of the federally
mental awareness and respect. These two
from California.
owned coal, and if on the other hand the
facets of our present-day circumstances
Mr. KETCHUM. Mr. Chairman, I
landowner agrees to the mining, he must
are at times at odds with each other. We,
thank the gentleman for yielding.
be compensated adequately for his losses;
the Congress, must step in and provide
I was most interested in the gentle-
Fourth. There is a Federal responsibil-
the machanism whereby cooperation is
man's statements, because, as he recalls,
ity for social impacts and social needs
mandated. We must set the environ-
I toured the coal mining areas with the
for schools, roads and health care for
mental ground rules for the coal indus-
gentleman in the well last year.
people in sparsely settled areas where
try's expansion. These ground rules
The gentleman mentioned a farmer in
there is rapid population growth due to
should assure that the natural environ-
Ohio, I believe it was, and he pointed out
energy development; and
ment is protected to the greatest extent
the fact that this farmer had indicated
Fifth. Indian tribes must be given the
feasible without cramping unnecessarily
that his crops were even better on this
opportunity to evaluate proposed coal
the necessary operations.
reclaimed land.
strip mining operations on their reser-
I think H.R. 25 accomplishes this. I do
Would the gentleman indicate for the
vations and assured the rights of stronger
not pretend or do not believe that H.R.
RECORD that this man was farming un-
provisions of their own determination
25 is perfect legislation.
der a State law, that there had been no
in reclamation on their own reservation
In fact, I would like to take just a
Federal regulations and it seemed to be
lands.
moment to talk about the surface mining
working extremely well?
This bill meets these five minimum re-
fee, and I would like to take a minute
Mr. RUPPE. Mr. Chairman, I certain-
quirements and in none of these areas
to indicate in my opinion that this 35-
ly want to indicate that this man came
can we of the West stand to have the
cent fee on surface mined coal is a com-
from Ohio. There should be no question
requirements lowered. We must say,
pletely unwarranted burden on the tax-
about this fact and it should be brought
"Hands off" to weakening amendments.
payers of this country at a time when
to the attention of the Members of this
Mr. UDALL. Mr. Chairman, I yield 1
coal prices are as high as they are today.
House that he was operating under a
minute to the gentleman from Wisconsin
I think that we in the Congress should
State law.
(Mr. BALDUS).
be cognizant of every penny we impose
In fact, I think Ohio and Pennsylvania
(Mr. BALDUS asked and was given per-
upon the taxpayers and consumers of this
are both exemplary instances of the type
mission to revise and extend his re-
country. I think that we have to be ab-
of legislation which, if enacted through-
marks.)
solutely sure that any charge levied upon
out the country, would have precluded
Mr. BALDUS. Mr. Chairman, I would
them is indeed warranted. If reclama-
the necessity for our being on the floor
like to give vigorous support to the
tion of the land does mean a little higher
here today. I regret to say that there is
amendment by Mr. MAZZOLI to allow col-
price for coal, in my opinion it is neces-
a wide number of States that have not
leges and universities with substantial
sary and should be paid. But the fee of
done as good a job as either Ohio or
mining and research curriculums to
35 cents on surface mined coal per ton
Pennsylvania have succeeded in achiev-
qualify for coal research funds.
is outrageous because these funds can be
ing.
It seems grossly unfair to have the
used for purposes other than reclama-
I certainly would say to the people of
qualification for these funds rest on the
tion orphaned lands. It has been stated
those States and indeed to their legis-
number of faculty persons employed and
in the past that these moneys could be
latures that they have done a superb job
the title of the institution. The distinc-
used for housing construction. This is
in developing, in both instances, State
tion should be made rather on the scope
not true, as there is a flat prohibition
legislation which is completely on target
and quality of the institution's program.
against this type of use in the bill. They
and which does a very fine job of pro-
This, I submit, can be determined by
can be used for the construction of pub-
tecting environmental standards and
curriculum offerings, research contribu-
lic facilities and other improvements,
values in those States.
tions and historical contributions of
such as sewer and water extensions. No
Mr. Chairman, I thank the gentleman
alumni.
matter how you slice it, in my opinion,
from California for his comments.
The fact that a university does not
this is a type of pork barrel provision. I
Mr. UDALL. Mr. Chairman, I yield 5
have "a school of mines, division, or de-
think a 10-cent across-the-board fee is
minutes to the gentleman from Montana
partment" and that it employs one, two,
adequate to reclaim the abandoned lands.
(Mr. MELCHER).
three, or four full-time faculty persons
If it is not, we can increase it in sub-
Mr. MELCHER. Mr. Chairman, there
rather than five or more should not be
sequent sessions of this Congress.
is a time to SOW and a time to reap.
the determining factor.
But I think the American people at this
The Creator caused the formation of
The University of Wisconsin at Platte-
time cannot afford to have us expend
the coal in rich deposits in the West and
ville has been a respected institution in
great sums of their money unless it is
particularly in my State of Montana.
the area of mining instruction and re-
absolutely proven to be necessary.
There are 106 billion tons-42 billion is
search for many years. Under the cur-
Mr. Chairman, I would like to state, in
strippable. The highest of any of the 50
rent wording of the bill, this university
conclusion, that I will be supporting cer-
States.
would not qualify for research funds be-
tain modifications of this legislation
If now is the time to reap the rich
cause it employs only three full-time
which I feel we need and which are nec-
harvest of coal in the West and to do so
faculty members in its mining area.
essary to be made. However, because it
by stripping the land from the veins of
Mr. Chairman, it is my hope that the
is workable legislation, I intend to sup-
coal 20 to 70 feet thick, westerners must
amendment will be adopted.
H 1740
CONGRESSIONAL RECORD HOUSE
March 14, 1975
Mr. RUPPE. Mr. Chairman, I yield 5
Mr. ANDREWS of North Dakota. I
sional consideration-in subcommittee,
minutes to the gentleman from North
yield to the gentleman from Montana.
committee, here on the floor of the House
Dakota (Mr. ANDREWS).
Mr. MELCHER. Will the gentleman's
of Representatives, in the Senate and in
(Mr. ANDREWS of North Dakota
amendment specify lignite?
conference. It is also being considered
asked and was given permission to revise
Mr. ANDREWS of North Dakota. The
at the White House.
and extend his remarks.)
gentleman's amendment does specify
Few measures brought before the
Mr. ANDREWS of North Dakota. Mr.
lignite, yes.
House have been given as much atten-
Chairman, I thank the gentleman for
Mr. MELCHER. The gentleman is
tion as this legislation. During the last
yielding.
speaking of an amendment that would
Congress It was studied in detail by the
I certainly support the legislation.
reduce the 10 percent figures to 5 per-
members of both the Subcommittee on
Protection for our environment and pro-
cent at a point where the language re-
Mines and Mining and the Subcommittee
tection for the surface holders is there.
fers to all kinds of coal, but if the gen-
on the Environment. Field trips to in-
I would hope that we can make some
tleman's amendment is only with rsepect
spect some of the Nation's principal sur-
amendments to the legislation, however;
to lignite, it would be more appropriate
face mining areas and extensive public
and I intend to offer that type of amend-
to do what the gentleman is describing
hearings were conducted.
ment to bring about needed equity in
by including in his amendment a specific
Last year the Committee on Interior
the reclamation fee provisions of the
reference to lignite only-not all coal.
and Insular Affairs met 23 times to con-
act. The present provisions of this leg-
Mr. ANDREWS of North Dakota. If I
sider this bill. I attended every meeting
islation call for a straight 35-cent a ton
can get the support of the gentleman
and I felt that most of the time was
tax or 10 percent of the coal's value,
from Montana by putting in the word
used in a constructive effort to develop
whichever is less.
"lignite," all right. I have an amendment
a sound, reasonable bill to present to this
This type of tax discriminates directly
published in the RECORD that exempts
House. This year additional hearings
against lignite coal, which has less than
lignite from the tax. I have another one
were held and amendments were debated
one-half the Btu content of bituminous
that goes from 10 percent to 5 percent.
by the full Interior Committee.
and anthracite coal.
I have been told by the gentleman on the
I congratulate my colleagues, Mrs.
Let me give the Members the figures.
committee that the 5 percent would only
MINK and Mr. UDALL, in their diligence,
For example, the average Btu rank of
apply to lignite because of the unique
perseverance, and leadership in carry-
coal is as follows: Anthracite has about
character of that fuel. I would like to
ing this legislation to its present stage.
14,000 Btu per pound; bituminous is
point that out to the gentleman. But
I agree with the objectives of the bill:
13,100; subbituminous is 9,500; and lig-
certainly specifying "lignite" will not
maintaining our essential stewardship to
nite is 6,100 Btu per pound.
change my amendment's purpose in any
the land-to leave for future generations
Therefore, the Members can see that
a resource base that has at least the
way.
on $35 a ton coal. which is the price of
Mr. UDALL. Mr. Chairman, will the
same range of uses and potential as the
a lot of coal, we have a 1-percent sev-
gentleman yield?
land we inherited. The devastation of
erance tax. On $17.50 coal we have a 2-
Mr. ANDREWS of North Dakota. I
large areas of our landscape from past
percent severance tax. Yet, in the case
yield to the gentleman from Arizona.
practices of surface coal mining is un-
of lignite coal, which is valued at about
Mr. UDALL. The gentleman from
conscionable. It has left behind a legacy
$2.50 a ton because of transportation,
Montana tells me privately that there
which has stained both the land and its
water content, and low Btu content, we
are contracts in his State and elsewhere
people.
have a tax that comes close, in this
that run in the range of $2 or $2.50 and
I agree with the underlying principles
case, to the 10-percent level. Yet with
that are not lignite. The amendment
in H.R. 25-
lignite coal which would be taxed at 10
proposed by the gentleman from North
That the role of Federal legislation is
percent of value rather than 1 or 2
Dakota would be much more acceptable
one of providing a minimum standard
percent, it takes more than twice the
to me if he would redraft it to apply only
of general guidelines to assure a common
amount of lignite and far more tax to
to lignite.
denominator among the States:
achieve the same heat content.
Mr. ANDREWS of North Dakota. This
That the principal lead in regulating
This will result in a higher rate of tax
amendment will be redrafted to specify
surface mining activities is to be vested
on the consumers who use lignite coal
lignite coal because this is specifically
with the States since most regulatory
for energy, whether it be in the form
what we have in mind.
decisions can be made best at State and
of electricity, steam, or whatever. It is
Actually, we ought to realize that this
local levels.
the Btu heat content of the coal that
has a great deal of bearing on the energy
In the next few days we will have the
is important to the consumer, and the
crisis, too. The reports tell us that for
opportunity to review again some major
lower the Btu value of the coal, the great-
every ton of lignite we utilize for elec-
decisions which have gone into this legis-
er the tax, and the greater the amount of
tricity, we will save 90 gallons of fuel oil.
lation. In this review we must assure
coal that must be burned to produce a
North Dakota lignite comes from an
ourselves that the approach reached
certain amount of heat.
area of the country where the winter
during the last Congress will achieve the
It is not the coal companies who pay
temperatures are often 40 below zero,
objective of proper stewardship to the
this extra tax; it is the consumer, and I
and we believe that if we can produce
land and its people-
am not talking about the private power
electric heat from lignite coal we can save
Without imposing untenable costs of
companies. I am talking about the rural
a lot of fuel oil and natural gas which
transition in mining practices on society,
electric cooperatives owned by those they
can be better used for other purposes in
costs which might be greater than the
serve because they are the chief users of
other parts of our country, but if we in-
benefits gained in the interim transition
this lignite coal.
directly encourage increased use of
period; and
Mr. Chairman, I have in my hand a
heating oil by excessively taxing lignite.
Without worsening the national econ-
letter from the manager of Basin Elec-
then we will have detrimental ramifica-
omy, nor increasing the burden of un-
tric Power Cooperative whose board
tions.
employment, inflation, and triggering
of directors includes people from Minne-
So I would hope that in the interest
unnecessary increases in energy costs.
sota, Nebraska, Montana, South Dakota,
not only of our area but in the interest of
In the committee I voted for many
amendments, designed to make the bill
and Iowa as well as North Dakota and
the energy needs of the entire country
that this House will support the amend-
less objectionable to businesses, indus-
who say that they wholeheartedly sup-
tries, and people in need of coal. I tried
port the concept of my amendment be-
ment that I will offer.
cause they feel it is simple equity to re-
Mr. UDALL. Mr. Chairman, I yield 3
to help find some reasonable compro-
mises providing for the restoration of
lieve lignite users from having to pay
minutes to the gentleman from North
mined-over land to productive use in an
the lion's share of rehabilitating strip
Carolina (Mr. TAYLOR).
environmentally sound manner without
mined land that was ravaged 50 years
(Mr. TAYLOR of North Carolina asked
contributing unnecessarily to the further
ago." He also points out that the dis-
and was given permission to revise and
inflation of coal prices or to the energy
proportionate tax could have serious con-
extend his remarks.)
shortage. Ours is the difficult job of find-
sequences on our agricultural economy.
Mr. TAYLOR of North Carolina. Mr.
ing a proper balance between protecting
Mr. MELCHER. Mr. Chairman, will the
Chairman, H.R. 25 is a product of pro-
the environment and meeting the energy
gentleman yield?
tracted debate at all levels of congres-
needs of our people.
March 14, 1975
CONGRESSIONAL RECORD HOUSE
1741
I am ready, once again, to listen and
here and some gone. I have seen no
accept one ton of stripmined coal for 1
participate in the debate over the several
precedent to equal these delaying tactics
million tons of underground coal.
features of this legislation-not to de-
in my 30 years of familiarity with House
Mr. RONCALIO. That is the usual
feat the bill or frustrate its purpose-
proceedings.
spirit of compromise that the gentleman
but to assess independently the balance
Here we are again. This bill is a good
from West Virginia gives to this busi-
which has been struck and determine if
bill. It lets coal companies live. It pre-
ness of surface mining coal.
it can be improved by some additional
serves the land. It requires reclamation.
I would also much rather go back to
amendments on the floor.
It is the result of the patience of hun-
the original amendment offered by the
I supported this legislation throughout
dreds of lawmakers in both Houses of
gentleman from Montana (Mr. MEL-
the last Congress-and I anticipate that
Congress over many, many months. I
CHER) but let us enact what we have now,
I will be able to vote again for its final
commend Members of good will who
so that we can enact a law and that we
passage. The time for final action on this
strive to accomplish a reasonable piece
know can survive a veto. I would like to
legislation has come; its need is clear.
of legislation.
see some other adjustments made, but I
Great growth is expected in the coal
I was asked by the members of the
am willing to go along with a bill that
industry during the next decade and it
Missouri delegation last fall, specifically
makes me reasonably unhappy.
is important that this legislation be
Mr. ICHORD and his colleagues, "Why do
There are others reasonably unhappy
passed without delay so that the indus-
we need a Federal stripmining bill when
without a good law.
try will know what guidelines and regu-
all the States have a good stripmining
Mr. UDALL. Mr. Chairman, will the
lations will be required in the future.
bill?"
gentleman yield?
Mr. Chairman, I urge this body to face
The reason we need it in Wyoming is
Mr. RONCALIO. I yield to the gentle-
this important national issue, to debate
it just happens that 55 percent of the
man from Arizona.
it-to modify it if it wishes-and finally,
surface of Wyoming is federally owned,
Mr. UDALL. I thank the gentleman for
to approve a sound course of action. That
and some 75 or 80 percent of the coal
yielding.
much we owe to the people, to this gen-
deposits that are stripable in Wyoming
I want to say the gentleman in the
eration, and to the generations that will
happen to lie under both Federal surface
well has been under enormous pressure
follow.
and non-Federal surface, so that if we
these last 3 years on this legislation. His
Mr. UDALL. Mr. Chairman, I yield 3
are to have jurisdiction to mine the coal
State is in the middle of being asked by
minutes to the gentleman from Wyoming
we need, we must have Federal legisla-
the other States of this Nation to sup-
(Mr. RONCALIO)
tion to blend with the State law in bring-
ply great quantities of energy. I know the
(Mr. RONCALIO asked and was given
ing out the best possible procedures for
terrible kinds of pressure he has been
permission to revise and extend his re-
surface mining.
under, and he has kept the faith. He has
marks.)
Mr. HECHLER of West Virginia. Mr.
been courageous and intelligent and tried
Mr. RONCALIO. Mr. Chairman, I do
Chairman, will the gentleman yield?
to strike a balance between the protec-
not think that the debate segment of
Mr. RONCALIO. I yield to the gentle-
tion of the land he loves and the needs
our proceedings today would be complete
man from West Virginia.
of the country. I think he well deserves
without an appearance on my part.
Mr. HECHLER of West Virginia. I
our commendation.
First of all, I would like to compliment
thank the gentleman for yielding.
Mr. RONCALIO. Mr. Chairman, let me
the leadership of the committee for the
Mr. Chairman, I want to commend the
say to the excellent chairman of the
second Congress in a row in bringing be-
gentleman from Wyoming, who so ably
committee that flattery will get him
fore the House this bill. I would also like
represents a beautiful State, where I
everywhere, but we do not have any
to associate myself with the remarks
visited not so long ago. I commend him
Presidential vote yet.
made by the chairman of the Subcom-
for his efforts in connection with this
Mr. UDALL. Mr. Chairman, I yield 1
mittee on National Parks, the gentleman
legislation. The gentleman from Wyom-
minute to the gentleman from Florida
from North Carolina (Mr. TAYLOR), who
ing made a very interesting suggestion
(Mr. LEHMAN).
just spoke to the Members, and who is
recently on the floor that there should be
(Mr. LEHMAN asked and was given
an outstanding and excellent leader of
a ratio between the underground and
permission to revise and extend his
this body, and who has displayed re-
stripmining which any company under-
remarks.)
sourcefulness in the preservation of our
takes. I would like to express interest in
Mr. LEHMAN. Mr. Chairman, I thank
national lands so that other generations
and support of that concept. As we are
the gentleman for yielding, and I com-
may enjoy our natural resources and still
escalating the amount of stripmining to.
mend the gentleman from Arizona for
permit surface mining adjoining our
over 50 percent, if we continue to escalate
bringing this bill to the floor.
forests and parks, but not within the
at this rate, the amount of strippable
In Dade County, Fla., we do not have
foundations of either.
coal reserves will be exhausted before
a great deal of coal but we have a seri-
This all began for me in January 1971,
the end of the century; am I not correct?
ous safe water problem which the gentle-
with the chairman of the subcommittee,
The CHAIRMAN. The time of the gen-
man from Arizona knows because he has
the gentleman from Oklahoma (Mr.
tleman has expired.
visited our area. In this bill there is a
EDMONDSON), with a bill which was mild
Mr. UDALL. I yield 2 additional min-
provision for the study of the effects of
in all sections compared to what we will
utes to the gentleman from Wyoming.
strip mining. Though we mine no coal we
be enacting here today. The worst re-
Mr. RONCALIO. I thank the gentle-
do have phosphates, rock and other raw
quirement from the company standpoint
man for yielding.
materials in south and central Florida.
was the fact that any slope 20 degrees or
Let me say to my good friend, the gen-
So, I would like to put the question to
more should not be mined. We have since
tleman from West Virginia, whose opin-
the gentleman from Arizona as to
modified that provision so that in this
ions I respect and whose vote I regret
whether this study would include the ef-
legislation slopes 20 degrees or more can
very much I cannot seem to entice for
fects of open pit mining for rock phos-
be mined if there is no dumping over-
this legislation, that I would like to
phate and various minerals in south and
burdening of the downslope.
amend many segments of this bill, but
central Florida, and the effect of this
In the preceding Congress that just
we have now been three years trying
kind of open pit mining on the aquifer
concluded perhaps a year and a half of
to get an act. I am convinced we must
that supplies water to the metropolitan
constant committee work went into
now put an act on the statute books.
areas of south Florida, water which is so
S. 425; leadership and sustained devotion
Then let us be about the business of
essential to our growth and well-being.
by the gentleman from Arizona (Mr.
amending over the next year or two,
I might bring to the attention of the
UDALL) and the gentlewoman from
and making the modifications and the
gentleman the statement of Russell
Hawaii (Mrs. MINK) gave us a good bill.
adjustments that are necessary.
Train, former Chairman of the Council
All the confusion-and distortion and
Then I would very much like to see
on Environmental Quality on the addi-
obfuscation that can be foisted upon the
every company mining coal in Wyoming
tional potential damages of strip mining.
parliamentary process with or without
be required to deep mine 10,000 tons for
An additional damage can occur from strip
Robert's Rules of Order were put upon
every 1,000,000 tons they strip mine.
mining--devastated wildlife habitat, land-
this committee by certain sundry friends
Mr. HECHLER of West Virginia. If the
slides, silt and acid choked streams and a
of mine in the other party, and some
blighted landscape. In particularly rich farm-
gentleman will yield, I would certainly
land, area strip mining can adversely effect
11 1712
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
future fertility as It can the opportunities
tleman from West Virginia (Mr. HECH-
minutes to the gentleman from Ohio
for revegetation
LER'S) comments here in the debate when
(Mr. SEIBERLING).
Mr. UDALL. Mr. Chairman, if the
he was complaining about the fact that
Mr. SEIBERLING. Mr. Chairman. the
gentleman will yield, I am keenly aware
we had 3 days of "hearings," I would re-
gentleman from California made a
of the problems in Florida and I would
mind the Members of this body that we
rather sweeping statement about the
like to say this bill will cover the kinds
have something in the neighborhood of
supposed effect of this bill on the price
of problems the gentleman has in his
90 or 91 new Members of Congress this
of coal to the consumer.
area. I hope out of that study will come
year; about half of the members of the
I invite everybody to turn to pages 72.
to some means to deal with those prob-
Committee on Interior and Insular Af-
73, and 74 of the committee report.
lems:
fairs are new to the committee. Those of
Starting on page 72 is a very interesting
Mr. LEHMAN. I thank the gentleman
us that were new to the committee last
chart which shows that before 1967 the
from Arizona.
year listened to this bill in the subcom-
coal price was fairly stable. Since then
Mr. STEIGER of Arizona. Mr. Chair-
mittee for almost a year and debated the
the spot price of coal has shot up until
man, I yield 3 minutes to the objecting
various provisions back and forth, so that
by the end of 1974 it was three times
gentleman from California (Mr. KETCH-
we were thoroughly familiar with the
what it was in 1967. During that period
UM).
contents of this bill. That simply is not
of time wages went up 50 percent and
(Mr. KETCHUM asked and was given
true today.
production hardly went up at all.
permission to revise and extend his re-
The Members of this House, none of
Now, if we turn to page 73 and the
marks.)
the Members, particularly the newer
report that is quoted there in the first
Mr. KETCHUM. Mr. Chairman, I
members of the Committee on Interior
paragraph we read:
thank the gentleman for yielding.
and Insular Affairs are aware that they
A review of the available data on profits
Mr. Chairman, here we are again, not
could not possibly read all the commit-
of coal companies and coal operating com-
quite a year later, with the same packed
tee reports that would probably fill this
panies reveal tremendous increases in profits.
House. Somebody would probably tell the
well to find out what we found out.
Thus, price increases have been translated
Members that is because this is Friday,
Now, bear in mind that we do have the
into profits. The fact that the price of coal
but let me tell the Members that we de-
responsibility for the regulation of min-
is likely to remain unrelated to the cost of
bated this bill for 6 days last year and
ing on Federal lands. That is our job.
production is further supported in the Coal
Supply Potential Task Group Report, pre-
the attendance was about as good, which
The CHAIRMAN. The time of the gen-
pared by the Federal Energy Administration.
really indicates how important this bill
tleman from California has expired.
This report states that at least for the near
IS.
Mr. RUPPE. Mr. Chairman, I yield the
term, (1975-1978) the equilibrium price
We are going to hear during the course
gentleman from California 2 additional
of coal may be set by competitive forces of
of the debate how the coal companies
minutes.
competing fuels and most particularly oil,
rather than by the cost of production and
simply cannot operate until we get this
Mr. KETCHUM. Mr. Chairman, that
normal competition within the coal
bill passed because they are confused
is our job, and let me tell this body that
industry."
and they do not know what they can do.
the Secretary of the Interior has already
It therefore appears that the ability of
I have been listening to that argument
promulgated regulations and when I
the industry to absorb any increased costs
for almost 2½ years on this legislation,
asked him in committee why must we
of reclamation consistent with the stand-
and if one is to believe that great metro-
have this bill, he said:
ards of the Act is no longer in doubt.
politan daily, the Washington Post, and if
I don't know. Maybe my promulgating of
If anyone still have any doubt, turn
one read the editorial in this morning's
these regulations is unconstitutional.
to the next page and look at the price of
paper, one would see it said there was
Well, I think he clearly has the re-
coal, as shown in table 14, versus other
something in the nature of 1,000 acres a
day being mined-and this without Fed-
sponsibility and authority to do just that.
hydrocarbon energy resources and com-
We pass law after law around here
pare the maximum reclamation cost per
eral legislation-so I do not think they
ton of coal as shown in table 14 with
are as confused as some would have us
and then we spend the next 2 or 3 or 5 or
believe.
10 years undoing the damage we have
the most recent prices shown in table
15.
We are going to be told that this bill
done. Let me give one classic example
of what I am talking about. About 6
Now hopefully we have competition in
really is not going to cost anything and
years ago, we spent, and I am sure this
the coal industry, a competitive struc-
that it is going to double the production
House spent, I know I did in a State
ture, although there is some doubt that
of coal. I am telling the Members that
nothing could be further from the truth
legislative body, spent an entire year
we do. But assuming we do, then the
because there is not any Federal legisla-
arguing about the merits of removing
marketplace is going to determine the
tion we pass that does not have a price
lead from gasoline, because we were
price of coal to the consumer and not
whether we add a few cents per ton by
tag and this one has a "biggie." It is go-
going to have this great new catalytic
ing to increase the price of coal to our
converter that was going to take all
requiring coal companies to restore the
land.
consumers. We are all hearing from our
these noxious things out of the atmos-
Mr. RUPPE. Mr. Chairman, will the
constituents right now about the high
phere. During that year of debate we
gentleman yield?
cost of electricity. Well, "You ain't heard
brought to the people and told them that
Mr. SEIBERLING. I yield to the
nothing yet."
the catalytic converter would spew
forth sulfuric acid fumes. Nevertheless,
gentleman.
The cost to the consumers is going to
Mr. RUPPE. Mr. Chairman, I think we
be considerable, and that by the way is
we have the catalytic converter at a cost,
have to understand we should not throw
why the Governors of a couple of the
I am told, of billions of dollars to our
a lot of cost inputs into this legislation
States that have strip mining legisla-
constituents and to the taxpayers that
are footing the bill for all this phoney
simply because the present price of coal
tion in their States today are backing
baloney.
can support those energy costs.
this bill to the hilt. The legislation has
It seems to me what we ought to be
increased the price of their coal to such
Now, the EPA has just recently an-
doing here is to be looking toward the
an extent that it is no longer competitive
nounced that, lo and behold, that the
day when prices of coal will come down.
with the other States. That is why the
catalytic converter spews forth sulfuric
The price of coal is far too high. It is
Governors want the bill.
acid. Therefore, we had better change
not necessarily too high because of the
This bill is going to create unemploy-
our thinking on the catalytic converter.
policies of the coal companies. It is, par-
ment, and we heard much testimony
Well, that is what we are doing with
tially, high priced today because of the
along these lines. The Members will find
this bill. That is what we are doing to
past policies of this Government.
that feature has been removed from the
the consumer and we are going to an-
For years, we encouraged industries
bill this year, but it was put in there
swer for it. I am very proud of the posi-
and utilities to get out of the utilization
originally because we know it is going to
tion I took on this bill this year and
of coal. We said that coal is a bad energy
create unemployment, and the Members
last year, and if the good Lord is willing
source. We did everything at the time
will find it in the Senate version of the
and the creek does not rise, I will take it
in this country to discourage the produc-
bill if my information is correct.
again.
tion and consumption of coal. The fact
Now, as to my good friend, the gen-
Mr. UDALL. Mr. Chairman, I yield 3
that there is a high price attached to coal
March 14, 1975
CONGRESSIONAL RECORD HOUSE
1743
today is largely because of the Federal
dent" button in my pocket. I do not know
people got up at 2 a.m. day before yester-
Government failing to realize we would
whether I should, after that comment,
day to drive all night here in order to
face a Near Eastern energy or oil short-
put it on or not.
tell their story and to hope at least that
age and failing to realize what an im-
Mr. UDALL. Mr. Chairman, if the gen-
someone in Congress would listen or
portant place and role coal had in the
tleman will yield briefly, I would hope we
somebody would listen to them.
energy development of this country.
would have a nonpolitical debate.
They came here to tell personally of
Mr. SEIBERLING. I agree with the
Mr. HECHLER of West Virginia. Mr.
the irreparable damage that results when
gentleman that we do not want to add
Chairman, I appreciate the time that I
the laws of Sir Isaac Newton take over
unrlecessarily to the cost of coal. I think
have received from both sides.
on these steep slopes and the soil and the
the gentleman agrees with me that this
Mr. Chairman, H.R. 25 is really an
spoil cascades down the hillsides into the
bill does not add unnecessarily to the
LCD bill. It is really a "lowest common
streams.
cost of coal. But I would also like to point
denominator" bill, and it is the product
Yet when I asked them if they could
out that there are some people-and the
of a lot of pressures by very powerful in-
please stay another day because we are
study cited in our report makes the
terests.
going to take this legislation up today,
point-who say that it is not the Govern-
The gentlewoman from Hawaii (Mrs.
Mrs. Workman indicated she had to get
ment and it is not the Federal clean air
MINK) indicated that she and the mem-
back to take care of her sheep.
standards that have raised the cost of
bers of her subcommittee and the mem-
Mr. Chairman, contrast these five
coal. The fantastic increase in coal prices
bers of the full committee had decided
people with the people who can come
appears to result from a lack of effective
not to have "prolonged" hearings. No
here every day, many of whom represent
competition in the coal industry itself,
Member of this House desired prolonged
some of the most powerful interests in
for if the coal industry were fully com-
hearings. I very much appreciate the
this Nation. They are representatives of
petitive, then as the price went up, pro-
tremendous contribution which was
organizations which have around-the-
duction would go up, and yet we all know
made by all members of this committee,
clock lobbyists here at the Capitol, orga-
production has remained practically the
and particularly the gentlewoman from
nizations which can afford to keep people
same.
Hawaii (Mrs. MINK). Time after time,
here day after day and night after night
Secretary Morton, when he testified at
on issue after issue, she stood up and she
seeking to drive loopholes into this legis-
the hearing before the committee 2 weeks
fought for the rights of the people and
lation, trying to assure that this legisla-
ago, said that the production was not
for the protection of the land, both in
tion enables them to keep on with the
limited but that the demand was limited,
committee and during many extended
same ripoff, which we call strip mining.
and if the demand is limited and the
meetings of the conference.
Mr. Chairman, the gentleman from
industry was capable of producing more
In this Congress she has always been
Montana (Mr. MELCHER) started off his
than the demand, the prices should not
on the right side on every issue, the side
remarks by saying, "There is a time to
have gone up as they did if the coal
of human beings.
sow, and there is a time to reap."
industry were a competitive industry.
Mr. Chairman, it was a very moving
I would ask him if he did not mean to
Mr. UDALL. Mr. Chairman, will the
experience for me some 10 years ago in
spell that word "r-a-p-e" instead of
gentleman yield?
my home town of Huntington, W. Va.,
"r-e-a-p."
Mr. SEIBERLING. I yield to the gen-
when Representative MINK came down
Mr. Chairman, the legislation that we
tleman from Arizona.
to give the graduation address at the
have before us is the product of com-
Mr. UDALL. On that point, Secretary
Women's Job Corps. She established an
promise. Sure, compromise is the essence
Morton said the industry was capable
immediate rapport with those young
of the legislative process. Maybe I just
right now, had the capacity right now, of
women by describing her own efforts in
cannot get used to compromise when the
producing in the area of 60 million tons
the State of Hawaii, coming from a large
very way of life, the property, the homes,
of coal additionally, without putting on
family, to get an education, to struggle
and welfare of the people in my area who
new capacity or additional opening up of
at the University of Chicago for a law
are affected by this legislation are
new mines.
degree, and to be elected to the high
involved.
Mr. SEIBERLING. Secretary Morton
honor of membership in the House of
I asked the Library of Congress re-
said one other thing. He said this bill
Representatives.
cently to give me a list of the leading
will not reduce employment in the coal
It is for this reason that I found it
congressional districts in the Nation,
industry; it will increase employment.
especially puzzling that she and other
ranked according to how many coal
Look at the record.
members of the committee have cut us
miners they have and how much tonnage
Mr. KETCHUM. Mr. Chairman, will
off in terms of testimony.
of coal they mine. The Fourth Congres-
the gentleman yield?
Mr. Chairman, strip mining is a ripoff.
sional District of West Virginia, which
Mr. SEIBERLING. Yes; I yield to the
It is a ripoff of people whose water sup-
I have the honor to represent, came out
gentleman.
plies are polluted, whose property is de-
on top of the list in terms of number of
Mr. KETCHUM. Mr. Chairman, I
graded, and whose very lives are threat-
miners, amount of coal mined under-
thank the gentleman for yielding. The
ened by the blasting of boulders, and by
gentleman and I sit on the same subcom-
floods and erosion.
ground, and is one of the top three con-
gressional districts in deep and strip coal
mittee, and we listened to the same wit-
Day before yesterday five very wonder-
production.
nesses, and the gentleman know that is
ful people from a strip mined area in
A lot of people asked me, including
not a fact.
West Virginia visited me: Mrs. Chester
Representatives serving their first term
Mr. SEIBERLING. I ask the distin-
Workman, from Abraham, W. Va., the
here in Congress, how can I represent a
guished chairman of the subcommittee,
wife of a deep miner; Clifford Plumley,
district that has so much strip mining,
did not Secretary Morton say that? Were
and his son, Bobby Plumley, who live in
so much deep mining, and more miners
those not his exact words?
the Richmond district of Raleigh County,
than any other district and take the
Mr. UDALL. That was my clear under-
W. Va., and whose families have lived in
position that I take against strip mining.
standing.
that self-same area since the Revolution-
A telephone call came in to the office
Mr. SEIBERLING. I challenge the
ary War; Miss Kittye Cornette, a stu-
of one Congressman warning that Con-
gentleman from California to look at the
dent at Park Junior High School in
gressman not to introduce a particular
record.
Beckley, W. Va., who was so incensed at
strenthening amendment because that
what was happening to the land and
Mr. RUPPE. Mr. Chairman, I yield 5
Congressman might be in trouble back
water supplies that she went out and got
minutes to my distinguished colleague,
home and not be reelected if that amend-
several hundred students at the junior
the gentleman from West Virginia (Mr.
ment were sponsored.
high school to submit a petition to the
HECHLER).
Mr. Chairman, I would just like to
Congress to try and stop the devastation
present a few facts and figures here to
Mr. UDALL. Mr. Chairman, I yield an-
of strip mining; and Mrs. Eleanor Ben-
other 10 minutes to the distinguished
my fellow Members, all of whom practice
nett, who lives in an area where they are
patriot, the gentleman from West Vir-
politics. In 1972, after the reapportion-
starting to strip mine around her home.
ginia (Mr. HECHLER).
ment when West Virginia lost one seat,
In essence, their visit is the story of
the State legislature, where the coal in-
Mr. HECHLER of West Virginia. Mr.
what is wrong with the way this legisla-
terests of West Virginia are prominent,
Chairman, I have a "Udall for Presi-
lation has been developed. These fine
decided that they wanted to get rid of
H 1744
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
me. Therefore, they redistricted me in
Mr. UDALL. I agree with the gentle-
demands State regulation, because it
with another Congressman, a fellow
man from West Virginia. I supported
knows that it can control the State legis-
Democrat. against whom I had to run in
GEORGE McGovern in November of 1972.
latures, and the administration of the
the primary. There was one clear-cut
In a like vein I would suggest, in light
State easier than the Federal Govern-
issue in that primary: I was for abolish-
of the outcome of GEORGE McGovern's
ment.
ing strip mining; he was in favor of strip
campaign, that maybe the gentleman
Why. this legislation that you are of-
mining. In any event, the vote came out
from West Virginia would want to attack
fering here in H.R. 25, this LCD-Lowest
2 to 1-50.872 to 25,004-and I am still
me this time rather than support me,
Common Denominator-bill, is not even
here.
although I welcome the gentleman's
as strong as the State laws in Montana,
In that same election I ran for dele-
support.
Ohio, and Pennsylvania.
gate to the national convention. I was
Mr. HECHLER of West Virginia. I
The CHAIRMAN. The time of the gen-
the first Congressman in this Nation to
thank the gentleman from Arizona for
tleman has expired.
come out and urge the nomination of
his well-reasoned contribution to this
Mr. UDALL. Mr. Chairman, I yield 2
GEORGE McGOVERN for President. I say
debate.
additional minutes to the gentleman
that because I want my fellow Members
There will be a number of opportu-
from West Virginia.
to understand that GEORGE McGovern
nities that we will have during the 5-
Mr. HECHLER of West Virginia. Mr.
did not do well in 1972 in West Virginia.
minute rule to amend this legislation.
Chairman, I thank the gentleman for
Nevertheless, he is doing better and bet-
The most important one of those amend-
yielding me this additional time.
ter as the days go on. In that election
ments, of course, is the Spellman amend-
Mr. UDALL. Mr. Chairman, will the
for delegate to the national convention,
ment to the 20-degree slope. Then there
gentleman yield?
I urged a plank in the national platform
is another very important amendment
Mr. HECHLER of West Virginia. I yield
to abolish strip mining. Another colleague
which will be offered by the gentleman
to the gentleman from Arizona.
from the House of Representatives from
from Michigan (Mr. DINGEL) which will
Mr. UDALL. I thank the gentleman for
West Virginia also ran and he took a
transfer jurisdiction from the Depart-
yielding.
position in favor of strip mining.
ment of the Interior to the Environ-
I just want to say to my friend, the
My vote was 107,542, his vote was
mental Protection Agency.
gentleman from West Virginia, that we
78,885. We were both elected, but never-
The General Accounting Office in a
have had differences on how far to go in
theless it shows the reaction. By the way,
study which was made in 1972 pointed
this area, but I have never had any doubt
he was not for Senator McGOVERN for
out in a devastating fashion the way the
of the very deep conviction of the gentle-
President, which some people say may
Department of the Interior had failed
man from West Virginia and his love for
have not hurt the size of his own vote.
to enforce its own strip-mining regula-
the land. I have been in his State, and I
I would like to point out also to any
tions by the Bureau of Land Manage-
have seen what the old practices have
Members who are afraid of taking a
ment on Federal land and by the Bu-
done. I want to say to him that he has
strong position on strip mining that we
reau of Indian Affairs on Indian lands.
provided a rallying point for literally
had a vote on the 18th of July 1974, on
The Department of the Interior is not
millions of citizens in America who are
an amendment that I offered to abolish
in favor of this legislation, either. They
deeply concerned about the ravages that
strip mining. Sixty-nine Members voted
were up here 2 weeks ago testifying in
have occurred. I want to compliment him
for that amendment. Sixty-four of them
support of changes to the legislation.
on the tenacious fight. The bill we have
are still here in the House. Ninety-three
One of the real basic defects in this
today before us is a much tougher bill
percent of them are still here. On the
legislation which I do not think even
than it would have been without the ef-
other hand, of all of those 365 who voted
an amendment could cure is that it is
forts of the gentleman from West
against that amendment or did not vote,
based upon the principle of control by
Virginia.
only 73 percent are still here.
the States.
Mr. SEIBERLING. Mr. Chairman, will
Therefore, if the Members want to
I would also like to commend the gen-
the gentleman yield?
measure the politics of this and if they
tlewoman from Hawaii (Mrs. MINK) who
Mr. HECHLER of West Virginia. I
are afraid to take that position, they
took the lead in trying to insure that
yield to the gentleman from Ohio.
need not be afraid.
Federal control would be retained in this
Mr. SEIBERLING. I thank the gentle-
J. would say also that all those who are
legislation rather than State control. 1
man for yielding.
going to be running for President in 1976
would ask any of the Members who have
I would like to express the same senti-
in the primary in West Virginia can be
studied the history of this Nation to
ments as those expressed by the gentle-
assured that I can furnish them an ex-
consider the history of legislation that
man from Arizona on the tremendous
ample of one who ran in 1972 and came
has marked the progress of our Nation.
contribution the gentleman from West
out first in the State on a platform of
Take, for example, civil rights. Many
Virginia has made to making the Nation
abolition of strip mining.
Members of our body would like to see
aware of the terrible ravages of strip
Mr. Chairman, I would gladly yield to
civil rights protected by the States, but
mining and the necessity for doing some-
any candidate for President who would
I think the overwhelming majority of
thing drastic about it.
care to comment.
the Members of this body and the people
As the gentleman knows, I share his
Mr. UDALL. Mr Chairman, will the
of this Nation understand and appreci-
views that the ideal solution would be to
gentleman yield?
ate that these basic human rights need
phase out strip mining. If I had my
Mr. HECHLER of West Virginia. I
Federal protection. There are basic
"druthers," that is what I would do. One
yield to the gentleman from Arizona.
human rights and economic rights that
of the reasons I would do it is because I
Mr. UDALL. Did the gentleman indi-
are being imposed upon and denied by
have no faith that regulatory agencies
cate that the candidate he supported in
strip mining that need Federal protec-
can remain independent enough, par-
West Virginia and who was later nomi-
tion.
ticularly at a State level, not to end up
nated was beaten by a larger margin
It is said, of course, that the situation
being captured by the very industry that
than any candidate for President was
is different in every State. Coal mining
they are supposed to regulate. As a mat-
ever beaten by in the history of the
is different; take the mining of lignite
ter of fact, that has happened in the
United States?
in North Dakota, as our friend, the gen-
State of Ohio. The State agency is not
Mr. HECHLER of West Virginia. Mr.
tleman from North Dakota (Mr. AN-
going to do the job of enforcement be-
Chairman, I would observe to the gen-
DREWS) pointed out in his remarks.
cause the industry has packed it with
tleman from Arizona that if that candi-
Western coal is different, there is the
its supporters.
date ran today with the knowledge of
difference in the soil and the difference
One of the reasons we need this bill is
what has happened since 1972 his plus
in the rainfall.
to try to have someone else keep an eye
margin would be overwhelming. I would
Why not have each State make its own
on the State agencies to make sure they
also remind the gentleman from Arizona
regulations? The same cry came up when
are doing their job. I am willing to give
if he could listen to the tapes of some
we considered the Federal coal mine
it a try, because reclamation is possible.
of the speeches GEORGE McGOVERN made
health and safety legislation. The history
The question is whether it will be done
in 1972 he would see that they come out
of this country in its development has
and done right. I think that we have done
pretty darn good in 1975. That differs
been that every industry that is regulated
about the best possible job of writing law
from some other tapes.
in behalf of the public interests, first
at least to see that it will be done.
FORD
ERALD
LIBRAR
March 14, 1975
CONGRESSIONAL RECORD
1745
Whether it Is implemented remains to
that we have endured here this after-
Mr. Chairman, I see the gentleman on
be seen.
noon.
his feet but I am sorry, I will not let the
Mr. HECHLER of West Virginia. I
We have heard the self-congratula-
gentleman respond to my biting bark.
thank the gentleman from Ohio, who has
tions of the experts. We have heard the
Only because of my basic venality do
done a magnificent job on the commit-
self-congratulatory experts on this bill
I deny the gentleman the opportunity to
tee in educating this country on this
who have labored long and hard, and
respond. The record may reflect, how-
issue.
as they indicated, they are going to load
ever, that my friend, the gentleman
Mr. KETCHUM. Mr. Chairman, will
the record up. Somebody somewhere
from West Virginia (Mr. HECHLER) tried
the gentleman yield?
ought to point out that the king has
to respond and I refused to let him.
Mr. HECHLER of West Virginia. I
no clothes. Not only is this piece of
I would like to point out that we have
yield to the gentleman from California.
legislation not necessary, not only is it
not had one single empirical bit of evi-
Mr. KETCHUM. I thank the gentle-
counter-protductive, but also it has been
dence that the States are faulty in their
man for yielding.
mauled over and massaged by people
administration or the implementation of
I, of course, do not share his great en-
with absolutely no practical idea not
their laws, not one. We have had lots of
thusiasm for regulatory agencies at the
only of the rudiments of coal mining
testimony from people who are concerned
Federal level. I would commend to him
but also now clearly without any recogni-
in very broad terms about the destruc-
for his thought the great job the ICC has
tion of their constituencies' concern
tion of the Earth, and if I have heard
done with the Penn Central.
about the rising cost of living currently
once, I have heard virtually every day
Mr. HECHLER of West Virginia. I
best epitomized by their utility bill.
that the committee met for a year and a
thank the gentleman. I would point out
And now: "Ralph Nader, where are
half, that even as we sat here desper-
that in the field of food and drug legis-
you when we need you?" While Mr.
ately locked in legislative combat, a thou-
lation, certainly no one here wants to
Nader's constituency roams the streets
sand acres were being devoured by what-
turn back entirely to the States. Cer-
desperately looking for an issue, here lies
ever monster was currently devouring a
tainly the fight for fair labor standards
one begging to be picked up and nur-
thousand acres.
legislation, which started at the State
tured.
The fact is that if we mined by reck-
level and subsequently was taken up by
This bill is going to add up to an esti-
less abandon, if we ignored all State
the Federal Government
mated 15 percent to every utility bill in
laws, if we turned the monster machines
The CHAIRMAN. The time of the gen-
the country. It will do that even in New
loose and mined every bit of reserve coal
tleman has expired.
Jersey, where I understand they only
that we can mine by surface mining, we
Mr. UDALL. I yield 1 additional min-
use coal oil and much of that because of
would have destroyed and it would de-
ute to the gentleman from West Virginia.
the high cost of their utility bills. Yet
stroy eight-tenths of 1 percent of the
Mr. HECHLER of West Virginia. I
we have Members, responsible Members
surface of this land.
thank the gentleman for yielding.
of Congress prattling about saving the
Now, I am not advocating the destruc-
Before this packed House, will not the
Earth's surface. We heard the gentle-
tion of it, but I am telling this House that
Members allow me to make my perora-
woman from Hawaii make the most re-
the equation that says if we do not pass
tion?
markable statement I believe I ever
this bill, the land will be destroyed, is a
Mr. Chairman, the issue we face today
heard her make on this floor, and I have
phoney equation.
is whether the Congress of the United
heard some dandies. She said and I
Now, here is my empirical evidence for
States has the right to condemn one
quote:
this, aside from my faulty gift of rhetoric.
area of the Nation to be exploited for the
The American public is crying out to bear
It lies within the bill itself, for within
private profit and advantage of the other
the costs of curing the surface mining can-
this bill itself is a section that exempts—
areas. Throughout the Appalachian
cer.
yes, gentlemen, exempts-one area of this
Mountains instant millionaires are being
She did not say it that well, but she
country from the obligations of this bill.
made over night in the strip mining in-
said that kind of thing.
It is known as the anthracite exemption,
dustry. Over two-thirds of our land sur-
Now the fact is she and I and all of us
one that should bring a glow of pride to
face in many counties is owned by out-
know that the American public is crying
every member of the committee on this
of-State corporations, and the people of
out, yea, crying out but not to bear any
side of the aisle-and let the record re-
this area are being treated as subjects in
more cost of anything. And what we are
flect that the gentleman in the well
a colonial empire while the wealth of the
doing here is imposing an arbitrary cost
pointed to the Democrat side-here is,
land is rapidly being siphoned off.
on the American public the extent of
indeed, a great and visionary stroke of
Mr. Chairman, the Appalachian area
which we do not know. We just know that
legislative construction. Backed by a staff
refuses to be a national sacrifice area. I
it is going to cost them more.
and cast of thousands, we rushed into
ask my colleagues on this committee to
The proponents of the bill tell us this
print an exemption that said the great
vote to strengthen this bill, because if
is not going to result in reduced produc-
State of Pennsylvania will not have to
this bill is not strengthened, I plan to
tion of coal, that it is going-to increase
bear the burden of anthracite legisla-
vote against this bill. Do not Appalach-
coal production, yea, double it. Is this so?
tion, because clearly, as everybody knows,
ianize the rest of the Nation. I hope those
that is much too great a burden to bear,
of my colleagues who have not had the
Well, it is done by a little tortured
and besides, the State laws in Pennsyl-
opportunity to learn what is happening
reasoning, but really there are many peo-
vania are adequate to handle the situa-
in West Virginia and throughout the
ple waiting with these plans and many
tion.
areas which are being strip mined can
are ready to leap into the production gap
Now, that is not what we said. What
come down and see for themselves what
as soon as we resolve the uncertainty.
we said in the bill is that anthracite is
the effect is on the people, their water
There is an alternative, a simple straight-
exempt from any Federal regulations in
supply, their land, and their soil.
forward alternative, which of course is
The CHAIRMAN. The time of the
not in keeping with the mood of the
this act which, of course, meant it was
exempt from the act.
gentleman has expired.
House, but it is simple and straightfor-
Why was it exempt from the act? I
ward. If we kill this bill we also remove
Mr. RUPPE. Mr. Chairman, I yield so
cannot tell you, but I am going to pre-
the uncretainty and allow these people
much time as he desires to my distin-
sume in a moment. I cannot tell ex-
to go forward under the existing State
guished colleague, the gentleman from
actly, because we did not have 1 minute's
Arizona (Mr. STEIGER).
laws, not one of which has been proven
hearing, not even 30 seconds-would we
to be unsound.
(Mr. STEIGER of Arizona asked and
believe 10 seconds? We never once dis-
Yes, the people in the various States
was given permission to revise and
cussed this in hearings. We never heard
are crying out, and we hear the gentle-
extend his remarks.)
why, indeed, anthracite could not bear
man who has claimed to be an expert and
Mr. STEIGER of Arizona. Mr. Chair-
the onerous burden of Federal regula-
he claims he was the first to endorse
man, for the few hardy souls who have
tions. They are right, but neither can lig-
GEORGE McGOVERN-which is a great
not yet had a chance to speak, I take up
nite, neither can bituminous coal. In fact,
recommendation, I agree-and then he
their time now because I feel this record
no section of the coal industry can bear
tells us that his people are crying out,
must reflect at least one or two notes of
the onerous burden of Federal regula-
and he tells us that he was elected over
tion. Why is it that anthracite is so
sanity amidst all the frivolity and gaiety
some fellow who was not crying out.
blessed?
1746
CONGRESSIONAL RECORD HOUSE
March 14, 1975
Today in the mail I learned why and
However, I am a person not famous
the production of coal and succeed in
1 am happy to share it with all of us on
for his kindness, so I will tell the Mem-
raising significantly the cost of electrical
the record. I got a letter from at least
bers that, in my view, the one had a
energy to the consumers, these people
if not the best informed, the best
direct bearing on the other, and I sus-
will be responsible for the outlawing of
dressed Member of the House, the gentle-
pect-I do not know this, but I suspect-
the surface mining of coal. If that is
man from Pennsylvania (Mr. DAN
that, upon analysis, if the Federal regu-
what they want, I say, "Let us do it head
FLOOD). The gentleman from Pennsyl-
lations in this bill were to be imposed
on."
vania (Mr. DAN FLOOD) tells us in this
on the anthracite mining, that it would
That is why I respect the gentleman
letter, and we do not have to pay too
not have a profitable property.
from West Virginia (Mr. HECHLER) more
close attention, because I know we all
Therefore, Bethlehem Steel, it was per-
than I do the proponents of this bill. This
have gotten this letter and we have all
fectly appropriate for them that they
bill is going to do it by slow death, not
read it. Several of us have made notes
would not consummate the purchase un-
by the direct method which the gentle-
and I suspect by what the gentleman
til this amendment had been accepted by
man from West Virginia prefers.
from Pennsylvania (Mr. DAN FLOOD) ex-
the conference committee. Then, what
Mr. Chairman, I will point out to the
plains, the fact is that nearly 45 percent
did Bethlehem Steel do-that giant of
Members that, with the track record of
of the people in his district use coal to
free enterprise?
the Federal Government in any of the
heat their homes, this particular coal
They were the only industry, that I
regulatory agencies, we ought to be tear-
that is mined there. Therefore, of course,
know of, that went to the President of
ing down regulatory agencies, not build-
they should not be required to comply
the United States and said, "Don't veto
ing new ones. It is absurd for this body,
with this ridiculous law, and the gentle-
this wonderful bill, because while it may
which understands the problems in-
man is right, they should not be.
be onerous for the rest of the country, it
herent in regulatory agencies, which
Of course, the fact that 67 percent of
is not bad for Bethlehem." As everybody
knows the results of arbitrary regula-
the coal mined in this country is used
knows, what is good for Bethlehem Steel
tions built in the law, to do what we have
by electric utilities to furnish us our elec-
has to be good for the country, at least
done in this bill.
tricity, that is all right for them to be
the part of the country from which the
We talk about a 20° slope. I have the
burdened, but not in "good old DAN'S"
gentleman from Pennsylvania (Mr.
greatest respect to the gentlewoman from
district.
FLOOD) comes. That you can count on.
Maryland (Mrs. SPELLMAN), but I will
He says:
I want to tell my friends why this bill
guarantee that she would not know a 20°
Vital to the continued production of an-
is onerous-and it is onerous. We are
slope if she fell downhill over it.
thracite—
creating a bureaucracy in the Depart-
Mr. Chairman, perhaps I should apolo-
ment of the Interior that we need like
And I am sorry the gentleman from
gize. I will admit that she would know
Pennsylvania (Mr. FLOOD) is not here,
we need another navel. We create legions
a 20° slope if she fell down over it.
but I am sure we will hear from the gen-
of inspectors, application forms and
The point is, Mr. Chairman, we are
tleman on Monday, because this amend-
quantity orders. We are told by the coal
writing into law arbitrary standards that
industry that this will cost 140 million
ment will be up on Monday, I know, be-
we know nothing about. I plead with the
tons a year in production. We do not
cause I am going to offer it-
Members to allow some sense of recog-
know that. That is assuming that the
nition of the facts of life.
Vital to the continued production of an-
citizens suits, which this bill now permits
thracite is the section of H.R. 25 which recog-
Let us not be romanced by the over-
nizes the unique-
never functions, that nobody brings in
blooming and distorted view of the coun-
litigation on production of an ongoing
tryside being swallowed up by bulldozers.
And hear this—
surface mine and that nobody decides
Let us recognize that the States have, in-
geographical and geographic differences be-
they are going to delay by litigation a
deed, confronted what was a problem.
tween bituminous and anthracite coal.
new surface mine.
I will stipulate at the outset that some
I will explain now what this unique
I know my friend from Wyoming will
of the States are not going to do a very
difference is.
be glad when this is all over, because the
good job, but I will insist and we must
Anthracite, as the gentleman from
facts and his emotions kept colliding.
recognize that, based on our own experi-
Pennsylvania (Mr. DAN FLOOD)-and the
Fortunately, he was able to resolve it by
ence, the Federal Government will do the
rest of us just have to get along without
depending upon his emotions, and he was
poorest job of all. What it will do will be
it, because absent the gentleman from
able to support the bill.
arbitrary and capricious, and what it
Pennsylvania (Mr. DAN FLOOD), if we all
And my good friend from Arizona and
will do will result in increased costs and
had the skill and cunning of the gentle-
my good friend from Hawaii-they may
unfair shutdowns.
man from Pennsylvania (Mr. DAN FLOOD)
not view me kindly, but I have the great-
Who agrees with me on this? The big
and the backing of the United Mine
est respect for them-I am convinced
coal companies? Sure, they do. However,
Workers and the skullduggery of Bethle-
that they have conned themselves into
I want my friend, the gentleman from
hem Steel, then there would be no coal
believing that what the environmental
Arizona (Mr. UDALL), to hear this, be-
in this bill, because if this bill is too on-
activists and what the environmental ex-
cause perhaps he may be agreeing with
erous for anthracite, it is too onerous for
tremists want must be done, because
me, on the outside chance that the gen-
any other type of surface mined coal,
they do understand this bill. Of all the
tleman's Presidential parade will founder
and it is.
people in this room, the gentleman from
somewhere between New Hampshire and
Now, the historical facts, and how this
Arizona (Mr. UDALL) and the gentle-
wherever it is they assemble in July. Let
anthracite amendment got in absent any
woman from Hawaii (Mrs. MINK) do
me read this:
hearings, it appeared full blown one day
understand this bill. They have some-
HONORABLE CONGRESSMAN: It would be ap-
and we were told that it is all right, be-
how been able to convince themselves
preciated if House Bill H.R. 25 would be re-
cause the Pennsylvania delegation wants
that what they are doing is appropriate.
ferred to the Interior Committee for amend-
it. Well, that is a simple reason. They are
I will tell the Members that, in this in-
ment.
a cohesive organization.
stance, they are simply wrong. What
Sincerely,
It was adopted in the conference re-
they are doing is not only disastrous, but
BERNARD E. YOUNG,
it is only the beginning of the disaster.
Business Manager, IBEW.
port; and, lo and behold, not 3 days later
Bethlehem Steel acquired three proper-
That is what the gentleman from West
That is a Tucson local.
ties in Pennsylvania that, between them,
Virginia desires, because, if we are go-
Mr. Chairman, I point that out for
produced some 600,000 tons of anthra-
ing to be rational, it will result in ban-
the benefit of my friend, the gentleman
cite a year. They were known as the
ning strip mining in the rest of the coun-
from Arizona, I say, on the unlikely
Greenwood properties.
try; that will come as a direct result of
chance that he might have to run for
Clearly, it would be patently unfair to
the passage of this bill.
this demeaning job again.
say that the timing and acceptance by
If the citizens who are concerned about
I will also point out that the Phoenix
the conference committee of the anthra-
this throughout the country, the citi-
Building & Construction Trades Coun-
cite exemptions and the timing of the
zens who will file litigation without ever
cil of the AFL-CIO is concerned, because
Bethlehem purchase was anything but
knowing anything about surface mining
they feel there are 3,000 jobs that are in
coincidental.
of coal, succeed in delaying significantly
jeopardy if this bill passes. That is not
March 14, 1975
CONGRESSIONAL RECORD
1747
sath idle concern. I did not advise the
the indirect effects that will ripple
other environmental fantasies. But that
gentleman of that, because we do not
through our economy.
era is gone.
consult too regularly, I must confess.
As we are all well aware, the soaring
Certainly we can still afford to pro-
The Central Arizona Labor Council.
cost of electricity is a vital concern to
tect the land and the streams and the
another friend of the folks, says that If
every citizen. Later this month, for
air, but only in a carefully conceived and
this bill passes, the constituency, the
example, the Alabama State Legislature
executed manner. That is why I submit
workingman, will not only suffer by a
will go into special session. The sole pur-
now that the era of rip-and-run mining
lack of jobs but will suffer by an in-
pose of this session is to study ways to
is over and meaningful reclamation 13
creased cost for his utilities.
bring utility rates under control. Similar
required in every State where significant
Who is for this bill? In fairness, I want
sessions will no doubt be held across the
coal production takes place.
to read all of the wires I received. This
Nation.
While I would insist on the protection
is from Arnold Miller, president of the
In Alabama, as elsewhere, the impetus
of the environment, I do not feel that
UMW. He devotes a whole paragraph of
behind soaring utility rates comes from
regulations such as returning the terrain
a very expensive wire, paid for by the
the rising cost of fuel, which unlike
to its approximate original contour is
eminent budget of the United Mine
equipment or labor costs, is immediately
necessary to achieve this objective.
Workers, a very limited budget set
passed through to the consumer.
Better uses can often be made of the
aside for this purpose, to his statement
In light of the fact that there now are
mined land, especially in Appalachia,
in which he extolls the virtues of that
hemeowners across the Nation paying
where mountain surfaces are leveled off
section which exempts anthracite. I
more for their utility bills than their
and thus suitable for uses such as
thought that was interesting. This is in-
mortgages because of the soaring cost of
forestry and grazing.
teresting, especially because anthracite
fuel, legislation that increases utility
We do not need this bill in its present
is left out and my folks cannot afford to
bills by 10 to 16 percent is unconscion-
form, and it should not be made law.
mine anthracite under this bill.
able. And that, I suspect, will be the fea-
Mr. UDALL. Mr. Chairman, I yield
The fact is, Mr. Chairman, this is bad
ture of H.R. 25 most widely felt and
3 minutes to the gentleman from New
legislation. If we must have a simplified
remembered by the Nation's electric
York (Mr. OTTINGER).
solution, I will offer the Members a sim-
rate-payers.
(Mr. OTTINGER asked and was given
plistic solution as to what they can tell
At this particular juncture, we cannot
permission to revise and extend his
their environmentalist friends concern-
forget the impact this bill would have on
remarks.)
ing why they voted against this bill.
our economy. Replacing the coal lost to
Mr. OTTINGER. Mr. Chairman, I
Members can say, "I voted against this
H.R. 25 will require 1.7 million barrels of
want to congratulate my friend, the gen-
bill because I did not want to raise the
foreign bil a day at a cost of $2.75 bil-
tleman from Arizona (Mr. UDALL) again,
utility bills for you constituents by 15
lion a year. The total economic costs to
as well as the gentlewoman from Hawaii
percent at this point in time."
the U.S. economy will be over $6 billion.
(Mrs. MINK), for their very important
They will understand that. I suspect
These are staggering numbers, but
work in getting this legislation before the
that even some of us can understand
there is no way the human misery in-
curred due to the loss of a job or way of
House today. Also, I would like to con-
that.
life can be reflected in statistical terms.
gratulate my close friend and colleague,
With that, Mr. Chairman, I yield back
And make no mistake about it, that is
the gentleman from West Virginia (Mr.
the balance of my time.
HECHLER) for his valiant efforts to
Mr. UDALL. Mr. Chairman, I yield 5
one of the chief effects the bill will have
strengthen this legislation.
minutes to the gentleman from Alabama
in the coal producing regions of Appala-
(Mr. BEVILL).
chia.
Mr. Chairman, in my opinion this is
(Mr. BEVILL asked and was given per-
The bill's overly rigid strictures and
one of the most important pieces of legis-
mission to revise and extend his
enforcement procedures will lead to far
lation to come before this body, to pro-
higher expenses and administrative bur-
vide meaningful protection for our nat-
remarks.)
Mr. BEVILL. Mr. Chairman, the peo-
den.
ural resources without causing the tre-
ple of the State of Alabama have re-
No doublt, large, well-financed pro-
mendous expense and delay in getting
sponded to the need to ease the national
ducers will meet the act's requirements
these necessary resources as the opposi-
energy shortage by mining more coal.
in large parts of the Nation. But smaller
tion has indicated might be the case.
This fiscal year, Alabama surface
operators faced with the expense of legal
I think we are going to witness over
miners-the group that accounts for 60
and engineering costs that may well
the course of the next couple of years a
percent of the coal production in my
mount to more than $100,000 just to se-
tremendous effort to just do away with all
State-plan to increase production 10 to
cure a permit will have little choice but
of our protective environmental measures
15 percent.
to close down, leaving their market share
in the name of solving the energy crisis
The need for 8 billion barrels of im-
to the larger producers. Something im-
or in the name of resolving the economic
ported oil at a cost of nearly $100 million
portant to the functioning of our entire
crisis, whether or not it is a fact that
in foreign exchange will thus be pre-
economic system will thus be lost.
those energy and economic threats are
vented this year.
The framers of this bill contend, and
really affected.
Unfortunately, this new production-
I quote:
The facts are that there are far more
and most of our existing production as
The overwhelming percentage of the na-
coal resources and energy resources sub-
well-would be quickly lost with the pas-
tion's coal reserves can only be extracted by
ject to deep mining and available from
sage of H.R. 25.
underground mining methods.
deep mining than there are from surface
According to a recent industry sur-
The Bureau of Mines says that slightly
mining. I also understand there, more
vcy, the passage of H.R. 25 would lead to
more than two-thirds of the Nation's
low-sulfur coal available from deep than
the loss of 12 million tons a year of coal
reserve base is mineable by underground
from surface mining.
production in the State of Alabama.
means and the remainder is mineable
On the picture that was raised of
Some $160 million would be lost to Ala-
only by surface methods. But the reserve
having soaring utility bills as a result of
bama's economy, 27 currently planned
base is not the same thing as reserves—
this legislation through just seeing to it
mines would not open, and 86 mines
when you take into account the far high-
that the land is put back together and
would be closed. The direct losses of 2,400
er recovery rate of surface mining as
strip mining is not continued in places
jobs and $35 million a year nayroll would
compared to underground mining you
where it will cause tremendous damage
be felt deeply throughout the mining
find that 40 percent of the Nation's coal
to the environment, I think this is clear-
regions of my State.
reserves are mineable only by surface.
ly false. I do not think we ought to be
On a national basis, 49,980 jobs would
methods.
fooled by it. This is a situation where I
vanish and as much as 141 million tons
Not too long ago-when the Nation's
think we can have our cake and eat it,
of annual production would be lost.
economy was growing at a 7 or 8 percent
too. We have the coal resources that are
The direct losses that would flow from
rate, unemployment was down to 4 per-
essential to keep us in business in this
the enactment of H.R. 25 are by them-
cent, and of still cost $2.80 a barrel—
country and keep our economy going,
selves a powerful argument against the
we could afford to believe in the need for
bill's passage. Yet they are dwarfed by
the coal resources necessary to keep the
the universal deep mining of coal and
electricity flowing and energy going, and
!! 1748
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
you do not have to rape the land in order
less, going to support this measure, and
the land surface mined not be returned
to use it.
I intend to fight as hard as I can in the
to its approximate original contour when
I think if the peol who are so con-
next couple of days to toughen it up and
the land owner plans to develop indus-
cerned about these costs would only join
strengthen it.
trial, commercial-including conumercial
us in seeing to it that there was a little
Mr. RUPPE. Mr. Chairman, I yield 5
agricultural-residential, or public fa-
free enterprise restored to the energy
minutes to my distinguished colleague,
cility-Including recreational facilities—
business, II we could require the separa-
the gentleman from Virginia (Mr.
development for post mining use of the
tion of the coal companies from the
WAMPLER).
affected land. It is important, Mr. Chair-
major oil companies and the gas com-
(Mr. WAMPLER asked and was given
man, that we consider this terracing
panies, and if we could sce the vertical
permission to revise and extend his
proposition, especially when this method
and horizontal integration of the oil com-
remarks.)
of conservation, long practiced on steep
panies eliminated, we would get mean-
Mr. WAMPLER. Mr. Chairman, the
slopes in China and other foreign coun-
ingful energy price decreases.
bill we are considering today will do
tries, has increased the amount of land
The evidence that has been presented
grievous harm to many of the good peo-
available for agricultural purposes. Also,
and spoken to so ably by my friend, the
ple I have the honor to serve in the
it should be borne out that the average
gentleman from Ohio (Mr. SEIBERLING),
Congress. Coal is the lifeblood of much
highwall in Virginia surface mining op-
indicates that the price differential of
of southwestern Virginia. Over 100 coal
erations is 53 feet, whereas highway cuts
coal from deep mining, as opposed to
surface mining companies and suppliers
have created highwalls as high as 260
strip mining, is accounted for almost en-
operate in Virginia; 2,000 surface miners
feet in Virginia. I dare say that there are
tirely by the huge profits that are being
are employed; 5,000 to 7,500 workers are
conditions far exceeding Virginia's aver-
piled up by the monopolistic oil com-
employed in related jobs; and $125 mil-
age in many highway projects all across
panies that control the coal.
lion circulates in Virginia's economy each
this land. The point I make, Mr. Chair-
I hope the House will pass this legis-
year because of coal surface mining. In
man, is that we should not let these same
lation in the strongest form we can.
addition, much of the underground coal
experts who engineered the theories
Mr. UDALL. Mr. Chairman, I yield 2
mining industry in Virginia exists only
against the Alaska pipeline and sold us
minutes to the gentleman from Iowa (Mr
because its high-sulfur underground coal
the catalytic converter, get us into an-
BLOUIN)
can be blended with Virginia's low-sul-
other disastrous condition with respect
(Mr. BLOUIN asked and was given
fur. surface-mined coal to meet stringent
to the coal situation. The stakes are just
permission to revise and extend his re-
sulfur emission standards in our environ-
too high. We should be considering the
marks.)
mental laws.
best possible use of this land and not get
Mr. BLOUIN. Mr. Chairman, I would
Section 515, the section of this bill that
ourselves hung up on the esthetics. The
like very briefly to touch on a subject
concerns itself with "environmental pro-
best possible use for this land is agri-
that I do not believe has been mentioned,
tection performance standards" and spe-
cultural, either grazing or forestry, and
at least, not to my ears, today.
cifically, section 515(d) thereof, the sec-
anyone who insists on this original con-
I support this measure, as weak as I
tion that pertains to steep-slope surface
tour idea for slopes above 20 degrees has
think it is, and in no sense primarily to
coal mining in this bill, radically affects
surely not ridden farm machinery across
maintain environmental quality, al-
all coal surface mining and large
the face of a slope greater than 20 de-
though I think that is terribly important,
amounts of the underground coal mining
grees. The fact is that if this bill would
or primarily to put some sense into what
in the Commonwealth of Virginia. This
permit it, the mining and reclamation
I consider to be a stampede toward a par-
occurs, Mr. Chairman, because section
process could be a means of adding to
tially created energy crisis, brought on
515(d) (4) of this bill defines "steep
our total acreage of tillable or grazing
by a huge, complicated international
slope" as any slope above 20 degrees.
land and increase our food and fibre pro-
problem that we have yet to even begin
This is the crux of this bill, Mr. Chair-
duction. By insisting on a return to orig-
to come to grips with. but primarily from
man, as far as the State of Virginia is
inal contour instead of allowing more
a very self-centered viewpoint of trying
concerned. The economic and social fu-
useful land forms, the bill is not only
to protect and preserve the agricultural
ture of southwestern Virginia lies in this
canceling this potential benefit, but it is
productivity of this Nation.
definition of "steep slope." Of the six
probably also making the mining of coal
I have heard a tremendous amount of
counties which produce commercial
impossible on these steep slopes where
concern expressed by many of the Mem-
quantities of surface-mined coal in Vir-
original contour makes it impossible to
bers who today have opposed any kind
ginia, all of these counties have aver-
protect the land from erosion, siltation,
of regulation in the area of strip mining,
age surface-mine slopes of 20 degrees or
slides, and water pollution.
at different times this year and in past
more. Coal surface-mining operations
Third, I also believe that as a process
years, about the need to keep the cost
range from approximately 20 degrees in
of reclaiming the land we should make
of food down, about the need to be able
Wise County to slightly over 29 degrees
allowances for surface water, from above
to continue to feed ourselves and the
in Buchanan County. So in effect, Mr.
the original cut to runoff without dis-
world, and meet our requirements in that
Chairman, these steep-slope restrictions
turbing the backfill. The view is also
regard. Yet I have heard very little ex-
in this bill would essentially abolish the
advanced that the bill should be modified
pression of concern for trying to protect
coal surface-mining industry in Virginia
to allow a haul and/or access road on
the agricultural land that holds a very
and bring economic chaos to an area of
the disturbed lands in order to maintain
large amount, at least in acreage, of strip
Virginia, in the heart of Appalachia,
vegetation and backfill stabilization.
mineable land in this country.
where the citizens for years have been
Fourth, I am also of the opinion that
I come from a State that has a tre-
fighting to exist. Coal mining has been
this bill is too restrictive as to the dispo-
mendous amount of acreage filled with
their salvation, the lack of it will be
sition of the spoil in surface mining oper-
very shallow strip mineable type of coal
poverty for far too many of these God-
ations and believe that this language
reserves, and that has very little if any
fearing. hard-working Americans.
should be modified to allow permanent
regulations surrounding it, and that has
These are the areas that I find faulty
storage of the spofl below the cut, espe-
dozens of oil and coal companies and
in this bill:
cially in terracing operations, if the op-
combinations thereof literally drooling
erator can provide suitable safeguards
First, I feel that the term "steep slope"
over the thought of being able to paw
to prevent slides, significant erosion, sil-
should be redefined as any slope above
through there without any conscious
tation damage, or other adverse environ-
30 degrees, not as the bill defines the
thought at all.
mental conditions.
term at 20 degrees. I think the implica-
We need control very desparately. and
Mr. Chairman, the above changes are
tions of not redefining this term have
we need it as quickly as we can get to it.
necessary to prevent poverty in the sur-
already been spelled out. In this regard,
face mining industry of Virginia. They
Realizing even the inadequacies of this
I should think the bill as further modi-
are necessary if Virginia's coal resources
legislation and the obvious loopholes that
fied would allow Virginians to continue
and its trained force of hard working
exist in the areas that I am concerned
the mining of our coal resources.
miners are going to be used to provide
about, and at the same time realizing the
Second, I also feel that terracing
cheap abundant energy for our industry
efforts that we are going to make to try
should be permitted on slopes between
and the consumers of America. At the
to fill those loopholes, I am, nonethe-
20 and 30 degrees and that in this area
appropriate time I shall put these
March 14, 1975
CONGRESSIONAL RECORDHOUSE
1749
thoughts to this body as amendments,
Mr. RUPPE. Mr. Chairman, I yield
However, I assure the gentleman that
to make this bill workable.
2 minutes to the gentleman from Colo-
I do know a 20-degree slope. I have slid
Mr. UDALL. Mr. Chairman, I yield 2
rado (Mr. JOHNSON)
down such slopes. I have slid down them
minutes to the gentleman from Colorado
Mr. JOHNSON of Colorado. Mr. Chair-
in the rain and anyone who lives in my
(Mr. WIRTH)
man, if I could have the attention of the
county right across the D.C. line would
Mr. WIRTH. Mr. Chairman, I thank
gentleman from Arizona (Mr. UDALL),
understand what we mean by slopes and
the chairman of the committee.
in response to a question by the gentle-
understand what we mean by strip min-
As the Members know, mining in the
man from Florida, it is my understanding
ing, would understand what we mean by
State of Colorado has a long history. Coal
it was indicated the reclamation fea-
desecrating the land, would understand
mining has been going on in that State
tures of this bill would extend beyond
what we mean by talking about mining
for approximately 75 years. I find myself
coal mining activities; is that the re-
land of 20 degrees or more, would under-
in an interesting situation with a long
sponse of the gentleman?
stand what devastation is caused by min-
and somewhat ironic personal family his-
Mr. UDALL. No. If the gentleman will
ing with this method and would under-
tory related to coal mining in Colorado,
yield, there is a study section in title VII.
stand that it is time that we began to
because my grandfather opened a num-
We had an original decision to make:
save our land. We in our county took
ber of coal mining camps in north-
Should we regulate coal and only coal or
steps to end, in our 476 square miles, the
western Colorado and southern Wyo-
other minerals? The committee decided
destruction of our Earth and the destruc-
ming during the teens and the twenties.
the bill should regulate only coal; but,
tion of our environment and we feel it is
Most of these mines are now closed down,
because there was surface damage from
long past time that our Nation's leaders
but the small towns are left and that
other minerals, we provide for a study
embarked on a program which will pro-
area of the country, the region I come
by the Interior Department as to the
vide assurance to the people of our Na-
from, is sprinkled with a whole series of
feasibility of regulating surface mining
tion that they will leave to their children
small and somewhat fragile communities
of other minerals.
and their children's children a country
which are now being severely threatened
I said to the gentleman from Florida
which will truly be America, the beauti-
by the potential incursion of strip min-
that that study would cover the problem
ful.
ing in that area of the country.
in Florida, just as it would for minerals
So, Mr. Chairman, I will be offering my
I am particularly concerned as we
in other States.
amendment in behalf of the people of the
examine strip mining and as we examine
Mr. JOHNSON of Colorado. I thank
State of Maryland, and the people of
the need for more and more coal and
the gentleman for that. As the gentle-
this Nation.
as we examine the potential for many
man knows, we have the Blue River
Mr. KASTENMEIER Mr. Chairman,
coal gasification plants coming into that
Valley and other sections that have been
for the third time in three successive
region of the country, that as we examine
dredged in skiing areas, one area that
Congresses, the House has an opportunity
all the different possibilities we also keep
was dredged where they took mile after
to endorse a piece of legislation which
in mind not only the significant envi-
mile and left land piled up by the side
will begin a national policy to deal with
ronmental problems which can be caused
of the road. That seems to be an area
one of the most insidious and exploitive
in that area, but also the social impact
for study. Will that kind of problem be
practices that this Nation has faced.
that strip mining and coal gasification
included in that section of the bill?
The congressional battle against strip
plants may have in the area; I am par-
Mr. UDALL. Mr. Chairman, let me
mining has been a long one. During the
ticularly concerned about the effect that
draw a distinction, if I can. There are
92d Congress, the House passed a re-
many people coming into the region may
two problems. One, should the Federal
sponsible regulatory measure. However,
have on those communities.
Government impose standards on min-
the Senate was not able to act and the
I am concerned, as we examine the
erals other than the mining of coal?
bill died with the Congress. In the 93d
bill brought in by the gentleman from
The second problem is the one the
Congress, a good bill regulating surface
Arizona (Mr. UDALL), and that we take
gentleman raises, should we have a fund
mining of coal passed both Houses, but
into account the social fabric and social
or some machinery to go back and re-
it was pecket vetoed by the President
impact of strip mining in that area.
store the land damaged in the produc-
after the Congress had adjourned.
I would hope that as we consider this
tion of gold or silver or lead or other
Now, due to the efforts of our col-
bill we could take into account, for ex-
minerals?
leagues, Mrs. MINK and Mr. UDALL, who
ample, what happens to those small
The study will focus on the first prob-
have labored long and hard on behalf of
towns when large highways are going
lem, but not on the second.
a regulatory bill for strip mining, we are
through, when the trucks are splitting up
Conceivably, if there were legislation
considering H.R. 25 which I have cospon-
that town, what it does to the fabric of
arising out of that study, we could have
sored and which I support. While this
those communities.
some sort of land program or reclama-
measure is not a perfect bill, and while
I would hope that as we consider this
tion program for lands damaged by
some of its environmental provisions
bill, we keep in mind what happens to
mining of minerals other than coal; but
should be strengthened, H.R. 25 does rep-
the school systems, the health systems
that would be something that would have
resent a good solid beginning to deal with
and the total fabric of these communi-
to be taken care of in later legislation.
the strip mining problem which has been
ties. I believe we must keep that in mind
Mr. RUPPE. Mr. Chairman, I have no
crying out for Federal policy direction for
and I will do so during the process of
further requests for time.
decades. By pasing H.R. 25, we can begin
this debate.
Mr. UDALL. Mr. Chairman, I yield 1
to put a halt to the present practice of
Mr. UDALL. Mr. Chairman, I have no
minute to the gentlewoman from Mary-
allowing coal operators to reap the prof-
further requests for time.
land (Mrs. SPELLMAN).
its of strippable coal at the expense of
Mr. RUPPE. Mr. Chairman, I would
Mrs. SPELLMAN. Mr. Chairman, I just
the integrity of the land, the quality of
like to yield myself 1 minute and ask the
want to take a moment to advise the
the waters, and the health of the people
gentleman from Arizona if in this legis-
House that during the amendment
of the Nation.
lation there is any question as to whether
process I plan to introduce an amend-
H.R. 25 establishes a national policy for
State law at any time takes precedence
ment which would ban strip mining on
the regulation of strip mining and dem-
over Federal law, as far as Federal land
slopes of 20 degrees or more.
onstrates a commitment to an environ-
is concerned in the various States.
I was very interested to hear the gen-
mentally acceptable method of mining
Mr. UDALL. Mr. Chairman, it is my
tleman from Arizona earlier say that the
surface coal deposits. Under its provi-
understanding and my interpretation of
gentlewoman from Maryland would not
sions, the Nation will be able to use its
the bill that if Federal lands are to be
know a slope of 30 degrees if she fell off
vast coal reserves to meet our energy
taken out of production and set aside
it and then later decide, that indeed, she
needs without raping the land in the
for strip mining, this would be under the
would know one if she fell off it. I thank
process.
designation section by the Federal Gov-
the gentleman for his newly found con-
Mr. Chairman, we have spent enough
ernment under its own program and we
fidence in my abilities. But the gentle-
would not delegate to the States the
time over the past few years debating
man need not be concerned. I have no
rights to make these determinations on
whether or not we should pass legislation
expectation of ever being a "fallen wom-
Federal land.
curbing strip mining. We should realize
an."
that we must act affirmatively on this
Il 1750
CONGRESSIONAL RECORD HOUSE
March 14, 1975
issue. The scars or the mountain sides
strictly enforced regions and continued
problem here today is to pass a bill which
and the prairies will not disappear. The
business as usual. This indirect penalty
will allow the continued production of
soured streams and washed out hollows
system is unfair and is one of the many
coal without further destroying the en-
will not be repaired. The ruined lives and
problems which the Congress is obligated
vironment which we all have to live in.
homes will not be remade. But, there is
to clear up.
There will be several amendments pro-
in this bill a hope that the future will
I will not review the individual provi-
posed which are extensions of an abo-
not be a repeat of the past. H.R. 25 con-
sions of the bill because that has been
litionist philosophy-these must be de-
tains some measure of justice for the
done by several other Members, but I do
feated. But we must also keep in mind
land, the waters, and the people who
want to comment on several specific
the probable actions of the other body
have been so abused by the evils of strip
provisions.
in strengthening this proposal beyond
mining. I urge its overwhelming passage
One of the most controversial sections
reasonable limits.
by the House.
of the bill would require mine opera-
Let us pass a bill that will provide the
Mr. FRENZEL. Mr. Chairman, today
tors to restore strip mined areas to their
concrete structure necessary to supply
we are beginning consideration of H.R.
approximate original contour. This
energy to this country.
25, the Strip Mining Control and Rec-
would include the cleanup of all high
The CHAIRMAN. Pursuant to the rule,
lamation Act of 1975. This is a lengthy
walls, waste piles, and depressions unless
the Clerk will now read the committee
and complex bill but it is one that the
insufficient waste remained to do the job.
amendment in the nature of a substitute
Members should be familiar with. Our
While this may be a sound idea it does
printed in the reported bill as an origi-
history of serious consideration goes
effectively prohibit alternative postmin-
nal bill for the purpose of amendment.
back to the 92d Congress where we passed
ing, recreational, and agricultural uses
a relatively simple bill which later died
of the land as well as frequently being
Mr. HECHLER of West Virginia. Mr.
Chairman, in view of the fact we are
in the other body. Last session, after 6
economically prohibitive. "Original con-
proceeding to the consideration of the
days of heated floor debate and more
tour" is not necessary. Environmental
committee amendments, I think it would
than 50 committee markup sessions we
compatibility is necessary, and that
finally passed a bill. Then, following 3
should be the goal here today.
be advisable to make the point of order
stormy months of conference meetings,
The reclamation fees of 35 cents for
that a quorum is not present.
the bill was finally sent to the President
stripped coal and 10 cents for under-
Mr. Chairman, I make the point of
where it was pocket vetoed on December
ground mined material are too high. I
order that a quorum is not present.
30. Early in this session we received a
will be interested in hearing further de-
The CHAIRMAN. Evidently a quorum
request to make several modifications in
bate on this factor, but I am primarily
is not present.
bill as finally passed. The committee has
concerned with their relation to the eco-
The Chair announces that he will va-
accommodated many of these requests
nomic facts. Although the cost of ad-
cate proceedings under the call when a
and has eliminated the particularly
vanced reclamation techniques, accord-
quorum of the committee appears.
odious Senate provision for special un-
ing to the President's Council on Envi-
Members will record their presence by
employment financing.
ronmental Quality are very small com-
electronic device.
The need to devise a regulatory frame-
pared to the market value of the coal,
The call was taken by electronic device.
work for surface mining as well as the
these techniques, at committee cost
QUORUM CALL VACATED
surface effects of underground mining
levels, according to the committee re-
is clear. Coal production will be a major
port submitted, may raise the average
The CHAIRMAN. One hundred Mem-
weapon in our battle to control our
bill to the consumer by as much as 3
bers have appeared. A quorum of the
energy situation and build a domestic
percent. This is, for many, a significant
Committee of the Whole is present. Pur-
base of usable power sources. Without
rise in total billing and should be thor-
suant to rule XXIII, clause 2, further
definite and coordinated regulations to
oughly considered.
proceedings under the call shall be con-
sidered as vacated.
work from we cannot expect the coal in-
The requirements for public partici-
dustry to do the job that we are expect-
pation contained in the bill have received
The committee will resume its busi-
ness.
ing from them. Last year we produced
many criticisms. They are not perfect I
The Clerk will read.
590 million tons of coal in the United
agree but, with the exception of citi-
States. This is an enormous figure but
The Clerk read as follows:
zens suits, they should be treated gently
there are almost 32 billion tons of strip-
in any proposed amendments. In con-
Be it enaoted by the Senate and House of
pable coal left in our Western regions
sidering the suit question we should re-
Representatives of the United States of
America in Congress assembled, That this
alone. As it has been in recent years, al-
member that the Interior Department
Act may' be cited as the "Surface Mining
most 70 percent goes into electrical gen-
will be responsible for the approval of
Control and Reclamation Act of 1975".
eration. We have an obvious responsibil-
State regulatory programs which must
TABLE OF CONTENTS
ity to lay out a clear and navigable
meet or exceed Federal requirements.
TITLE I-STATEMENT OF FINDINGS AND
course. The industry needs to know the
Following approval of the plan then valid
POLICY
rules. In the Energy Research and De-
permits can be issued for mining pur-
Sec. 101. Findings.
velopment Act which we passed last year
poses. With this system in effect I can-
Sec. 102. Purposes.
we indicated a sincere Federal commit-
not agree with the committee that citi-
TITLE II-OFFICE OF SURFACE MINING
ment to continued coal production and
zens should be allowed to bring suit
RECLAMATION AND ENFORCEMENT
development. In that bill we allocated
against an individual operator for abuses
Sec. 201. Creation of the Office.
over $387 million for basic research, sur-
under the act when a valid permit for
TITLE III-STATE MINING AND MINERAL
vey needs, and gasification and liquefac-
his operations has been issued by the
RESOURCES AND RESEARCH INSTT-
tion development. Without a reasonable
granting agency. The suit should be
TUTE
bill this session we will have effectively
brought against the agency not the op-
Sec. 301. Authorization of State allotments
canceled out those efforts.
erator.
to institutes.
Not only must strip mining be regu-
I am also concerned about the transi-
Sec. 302. Research funds to institutes.
lated but it must be done on a Federal
tion period regulations which would be
Sec. 303. Funding criteria.
basis. Some 29 States now have regula-
in effect following the enactment of this
Sec. 304. Duties of the Secretary.
tions but many of them differ consider-
bill. I fear that it may impose impossi-
Sec. 305. Autonomy.
ably from neighboring areas. This, along
ble burdens upon the individual States
Sec. 306. Miscellaneous provisions.
with frequent lack of sufficient staffing
Sec. 307. Center for cataloging.
as well as have a devastating effect
Sec. 308. Interagency cooperation.
and underfinancing. is a major problem.
upon our short-term coal requirements.
Sec. 309. Advisory committee.
Those States which have made the great-
We can all agree that we need to pass
TITLE IV-ABANDONED MINE
est efforts in preventing further destruc-
a strip mining bill. With over a million
RECLAMATION
tion are often economically punished for
acres of American soil lying desecrated
their acts. Mining firms, with easily
Sec. 401. Abandoned Coal Mine Reclamation
in various regions of the country and
Fund.
transportable stripping equipment, and
over 80 percent of the known Western
Sec. 402. Objectives of Fund.
a vast number of comparable sites, have
coal reserves owned by the Federal Gov-
Sec. 403. Eligible lands.
simply crossed State lines into less
ernment the need is clear. However, our
Sec. 404. Reclamation of rural lands.
March 14, 1975
CONGRESSIONAL RECORD
1751
Sec. 405. Acquisition and reclamation of
therefore, essential to the national interest
vironment, prevent or damage the beneficial
abandoned and unreclaimed
to insure the existence of an expanding and
use of land or water resources, or endanger
mined lands.
economically healthy underground coal min-
the health or safety of the public;
Sec. 406. Filling voids and sealing tunnels.
ing industry;
(i) assure that appropriate procedures
Sec. 407. Fund report.
(c) many surface mining operations result
are provided for the public participation in
Sec. 408. Transfer of funds.
in disturbances of surface areas that burden
the development, revision, and enforcement
TITLE V-CONTROL OF THE ENVIRON-
and adversely affect commerce and the pub-
of regulations, standards, reclamation plans,
MENTAL IMPACTS OF SURFACE COAL
lic welfare by destroying or diminishing the
or programs established by the Secretary
utility of land for commercial, industrial,
or any State under this Act;
MINING
residential, recreational, agricultural, and
(j) encourage the full utilization of coal
Sec. 501. Environmental protection stand-
forestry purposes, by causing erosion and
resources through the development and ap-
ards.
landslides, by contributing to floods, by
plication of underground extraction tech-
Sec. 502. Initial regulatory procedures.
polluting the water, by destroying fish and
nologies;
Sec. 503. State programs.
wildlife habitats, by impairing natural
(k) provide a means for development of the
Sec. 504. Federal programs.
beauty, by damaging the property of citi-
data and analyses necessary to establish ef-
Sec. 505. State laws.
zens, by creating hazards dangerous to life
fective and reasonable regulation of surface
Sec. 506. Permits.
and property, by degrading the quality of
mining operations for other minerals;
Sec. 507. Application requirements.
life in local communities, and by counter-
(1) stimulate, sponsor, provide for and/or
Sec. 508. Reclamation plan requirements.
acting governmental programs and efforts
supplement present programs for the con-
Sec. 509. Performance bonds.
to conserve soil, water, and other natural
duct of research investigations, experiments,
Sec. 510. Permit approval or denial.
resources;
and demonstrations, in the exploration, ex-
Sec. 511. Revision of permits.
(d) surface mining and reclamation tech-
traction, processing, development, and pro-
Sec. 512. Coal exploration permits.
nology are now developed so that effective
duction of minerals and the training of
Sec. 513. Public notice and public hearings.
and reasonable regulation of surface coal
mineral engineers and scientists in the fields
Sec. 514. Decisions of regulatory authority
mining operations by the States and by the
of mining, minerals resources, and technol-
and appeals.
Federal Government in accordance with the
ogy, and the establishment of an appropriate
Sec. 515. Environmental protection perform-
requirements of this Act is an appropriate
research and training center in various
ance standards.
and necessary means to minimize 80 far as
States; and
Sec. 516. Surface effects of underground coal
practicable the adverse social, economic, and
(m) wherever necessary, exercise the full
mining operations.
environmental effects of such mining opera-
reach of Federal constitutional powers to in-
Sec. 517. Inspections and monitoring.
tions;
sure the protection of the public interest
Sec. 518. Penalties.
(e) because of the diversity in terrain,
through effective control of surface coal min-
Sec. 519. Release of performance bonds or
climate, biologic, chemical, and other phys-
ing operations.
deposits.
ical conditions in areas subject to mining
Sec. 520. Citizen suits.
Mr. UDALL (during the reading). Mr.
operations, the primary governmental re-
Sec. 521. Enforcement.
Chairman, I ask unanimous consent that
sponsibility for developing, authorizing, issu-
Sec. 522. Designating areas unsuitable for
ing, and enforcing regulations for surface
title I be considered as read, printed in
surface coal mining.
mining and reclamation operations subject
the RECORD, and open to amendment at
Sec. 523. Federal lands.
to this Act should rest with the States;
any point.
Sec. 524. Public agencies, public utilities,
(f) while there is a need to regulate sur-
The CHAIRMAN. Is there objection to
and public corporations.
face mining operations for minerals other
the request of the gentleman from
Sec. 525. Review by Secretary.
than coal, more data and analyses are needed
Sec. 526. Judicial review.
Arizona?
to serve as a basis for effective and reasonable
Sec. 527. Special bituminous coal mines.
There was no objection.
regulation of such operations;
Sec. 528. Surface mining operations not sub-
(g) surface and underground coal min-
AMENDMENT OFFERED BY MR. HECHLER OF
ject to this Act.
ing operations affect interstate commerce,
WEST VIRGINIA
Sec. 529. Anthracite coal mines.
contribute to the economic well-being, secu-
Mr. HECHLER of West Virginia. Mr.
TITLE VI-DESIGNATION OF LANDS UN-
rity, and general welfare of the Nation and
Chairman, I offer an amendment.
SUITABLE FOR NONCOAL MINING
should be conducted in an environmentally
The Clerk read as follows:
Sec. 601. Designation procedures.
sound manner; and
TITLE VII-ADMINISTRATIVE AND MIS-
(h) the cooperative effort established by
Amendment offered by Mr. HECHLER of
CELLANEOUS PROVISIONS
this Act is necessary to prevent or mitigate
West Virginia:
adverse environmental effects of present and
Page 173, line 14, strike out all of sub-
Sec. 701. Definitions.
future surface coal mining operations.
section (d) and insert therein the following:
Sec. 702. Other Federal laws.
"(d) while responsibility for regulation of
PURPOSES
Sec. 703. Employee protection.
coal surface mining rests with the States,
Sec. 704. Protection of government em-
SEC. 102. It is the purpose of this Act to-
the absence of effective regulatory laws and
ployees.
(a) establish a nationwide program to pro-
effective enforcement in many States may
Sec. 705. Grants to the States.
tect society and the environment from the
require that the Federal Government as-
Sec. 706. Annual report.
adverse effects of surface coal mining opera-
sume responsibility;
Sec. 707. Severability.
tions and surface impacts of underground
"(e) effective regulation of surface coal
Sec. 708. Alaskan surface coal mine study.
coal mining operations;
mining operations by the States and by the
Sec. 709. Study of reclamation standards for
(b) assure that the rights of surface land-
Federal Government in accordance with the
surface mining of other minerals,
owners and other persons with a legal in-
requirements of this Act is an appropriate
Sec. 710. Indian lands.
terest in the land or appurtenances thereto
and necessary means to prevent the adverse
Sec. 711. Experimental practices.
are fully protected from such operations;
social, economic, and environmental effects
Sec. 712. Authorization of appropriations.
(c) assure that surface coal mining opera-
of such mining operations."
Sec. 713. Research and demonstration proj-
tions are not conducted where reclamation
Redesignate the following paragraphs
ects on alternative coal mining
as required by this Act is not feasible;
accordingly.
technologies.
(d) assure that surface coal mining opera-
Sec. 714. Surface owner protection.
tions are so conducted as to protect the en-
(Mr. HECHLER of West Virginia asked
Sec. 715. Federal lessee protection.
vironment;
and was given permission to revise and
Sec. 716. Water rights.
(e) assure that adequate procedures are
extend his remarks.)
undertaken to reclaim surface areas as con-
TITLE I-STATEMENT OF FINDINGS AND
Mr. HECHLER of West Virginia. Mr.
POLICY
temporaneously as possible with the surface
Chairman, this amendment makes two
coal mining operations;
FINDINGS
very simple changes in the findings sec-
(f) assure that the coal supply essential
to the Nation's energy requirements, and to
tion of the bill, section 101. I would call
SEC. 101. The Congress finds and declares
that-
its economic and social well-being is pro-
the attention of the Committee to the
(a) extraction of coal and other minerals
vided and strike a balance between protes-
language of the present bill, H.R. 25, on
from the earth can be accomplished by vari-
tion of the environment and the Nation's
page 173, for example, line 19, which.
ous methods of mining, including surface
need for coal as an essential source of energy;
contains the first of several rather
mining;
(g) assist the States in developing and
weasel-worded phrases, namely: "to
(b) coal mining operations presently con-
implementing a program to achieve the pur-
minimize so far as practicable."
tribute significantly to the Nation's energy
poses of this Act;
requirements: surface coal mining consti-
(h) promote the reclamation of mined
Mr. Chairman, it seems to me that this
tutes one method of extraction of the re-
areas left without adequate reclamation prior
is one of the major general difficulties
source; the overwhelming percentage of the
to the enactment of this Act and which con-
with this bill, that it contains such loop-
Nation's coal reserves can only be extracted
tinue, in their unreclaimed condition, to
holes and weasel-worded phrases as "to
by underground mining methods, and it is,
substantially degrade the quality of the en-
minimize so far as practicable."
H 1752
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
So, essentially what my amendment
tee compromise. I would like to ask the
The CHAIRMAN. The question is on
does is first to underline the need for a
gentleman, Is it not true that this lan-
the amendment offered by the gentle-
stronger Federal backup enforcement
guage was put in in the Hosmer amend-
man from West Virginia (Mr. HECHLER).
which is capable of taking over should
ment which was adopted on the floor last
The amendment was agreed to.
an individual State fail to enforce this
year rather than being language that was
The CHAIRMAN. If there are no fur-
act. It seems to me that we must recog-
put in in the committee?
ther amendments to this title, the Clerk
nize, as we do in the language of this
Mr. UDALL. This was an attempt, I
will read title II.
act, that the failure of State regulations
would say to my friend, the gentleman
The Clerk read as follows:
in strip mining, particularly in Appala-
from West Virginia, to meet some of the
TITLE II-OFFICE OF SURFACE MINING
chia, was one of the major motivating
objections that we were dealing in abso-
RECLAMATION AND ENFORCEMENT
factors for bringing this legislation here
lutes and impossibiles, and we tried to
CREATION OF THE OFFICE
for action by the Congress.
state it carefully and in a balanced way,
SEC. 201. (a) There is established in the
Mr. Chairman, I think very properly
and I think the committee did this.
Department of the Interior, the Office of
the Committee on Interior and Insular
Mr. RUPPE. Mr. Chairman, I move to
Surface Mining Reclamation and Enforce-
Affairs called attention to the need for
strike the requisite number of words, and
ment (hereinafter referred to_as the "Office").
a Federal readiness to take over where
I rise in opposition to the amendment.
(b) The Office shall have a Director who
States failed to come up with plans and
(Mr. RUPPE asked and was given per-
shall be appointed by the President, by and
programs under the timetable and re-
mission to revise and extend his
with the advice and consent of the Senate,
quirements of the act. I commend the
remarks.)
and shall be compensated at the rate pro-
vided for level V of the Executive Schedule
committee for doing that.
Mr. RUPPE. Mr. Chairman, I think the
under section 5315 of title 5 of the United
Unfortunately, some of this language
passing of the amendment would well
States Code, and such other employees as
was amended out of the bill during floor
lead to a prohibition against strip min-
may be required. The Director shall have the
debate last summer in the House with
ing in this country. I recognize that the
responsibilities provided under subsection
respect to the precise wording in the
gentleman has a very strong feeling on
(c) of this section and those duties and re-
findings.
the matter, and, from his point of view,
ponsibilities relating to the functions of the
The second part of my amendment
I am sure, some very solid reasons as to
office which the Secretary may assign, con-
would delete the words which I described
sistent with this Act. Employees of the Office
why strip mining should be eliminated.
as being a rather broad loophole "mini-
shall be recruited on the basis of their pro-
The fact of the matter is that we des-
fessional competence and capacity to ad-
mize so far as practicable" and replace
parately need more mining of surface
minister the provisions of this Act. No legal
this with a more positive word "prevent."
coal in this country at the present time,
authority, program, or function in any Fed-
The purpose of this bill, after all, is
and we need to mine it in a balanced way
eral agency which has as its purpose promot-
to prevent the adverse social, economic,
in conformity with this legislation.
ing the development or use of coal or other
and environmental effect of strip min-
mineral resources, shall be transferred to the
I think the use of the word "prevent"
ing, and this should be set forth very
Office.
could lead to a prohibition. The fact of
clearly in the findings of the bill. I think
(c) The Secretary, acting through the
the matter is one cannot say that when
Office, shall-
it is ridiculous if we start right off in
the excavation for this building was in-
(1) administer the programs for con-
the findings and the preamble of the
itiated there was not some environmental
trolling surface coal mining operations which
bill to include language which does not
damage to the land under the building.
are required by this Act; review and approve
indicate very clearly what the bill in-
When the addition to the Library of Con-
or disapprove State programs for controlling
tends to do.
gress is concluded, I am sure there will
surface coal mining operations; make those
For that reason I urge support of this
be some environmental damage. There
investigations and inspections necessary to
clarifying amendment which calls atten-
insure compliance with this Act; conduct
will not be any absolute guarantee of
tion to the need for stating the findings
hearings, administer oaths, issue subpenas,
absolute prevention of any damage to the
a little more positively.
and compel the attendance of witnesses and
land under that foundation. The word
production of written or printed material as
Mr. UDALL. Mr. Chairman, I rise in
"prevent", again the use of an absolute,
provided for in this Act; issue cease-and-
opposition to the amendment.
could lead some court to believe or to ren-
desist orders; review and vacate or modify or
(Mr. UDALL asked and was given per-
der an opinion that would lead to the
approve orders and decisions; and order the
mission to revise and extend his
elimination of strip mining. That is not
suspension, revocation, or withholding of any
remarks.)
the direction that this legislation should
permit for failure to comply with any of the
Mr. UDALL. Mr. Chairman, this
take. That is not the direction that I be-
provisions of this Act or any rules and regula-
amendment should be defeated for two
tions adopted pursuant thereto;
lieve the committee nor the Congress
reasons. It would strike out one of the
(2) publish and promulgate such rules and
would want to take. For this reason I do
major policy sections in the bill and
regulations as may be necessary to carry out
oppose the amendment.
the purposes and provisions of this Act;
then rewrite it. The policy section now
in the bill on page 173 is a carefully
The CHAIRMAN. The question is on
(3) administer the State grant-in-aid pro-
balanced provision that the committee
the amendment offered by the gentleman
gram for the development of State programs
chewed over at some length, which puts
from West Virginia (Mr. HECHLER).
for surface coal mining and reclamation oper-
ations provided for in title V of this Act;
the emphasis on State regulation and
The amendment was rejected.
(4) administer the program for the pur-
only Federal regulation as a backup.
AMENDMENT OFFERED BY MR. HECHLER OF
chase and reclamation of abandoned and un-
The gentleman's amendment would
WEST VIRGINIA
reclaimed mined areas pursuant to title IV
of this Act;
undo that careful compromise.
Mr. HECHLER of West Virginia. Mr.
Second, we tried to be careful in com-
(5) administer the surface mining and rec-
Chairman, I offer an amendment.
lamation research and demonstration project
mittee against using absolutes like "pre-
The Clerk read as follows:
authority provided for in this Act;
vent adverse consequences." It is clear
Amendment offered by Mr. HECHLER of
(6) consult with other agencies of the
that if we are going to strip mine, there
West Virginia: Page 174, line 4, insert the
Federal Government having expertise in the
will be some economic and some social
following new subsection:
control and reclamation of surface mining
consequences, but the bill says we are
"(f) there are a substantial number of
operations and assist States, local govern-
going to limit and circumscribe those to
acres of land throughout major regions of
ments, and other eligible agencies in the co-
a considerable degree. So we use the
the United States disturbed by surface and
ordination of such programs;
word "minimize."
underground coal mining, on which little or
(7) maintain a continuing study of surface
The gentleman's amendment uses the
no reclamation was conducted, and the im-
mining and reclamation operations in the
word "prevent" and I would ask that the
pacts from these unreclaimed lands impose
United States;
social and economic costs on residents in
committee be supported on this.
(8) develop and maintain an Information
nearby and adjoining areas as well as con-
and Data Center on Surface Coal Mining,
Mr. HECHLER of West Virginia. Mr.
tinuing to impair environmental quality;"
Reclamation, and Surface Impacts of Under-
Chairman, will the gentleman yield?
Redesignate the following paragraphs
ground Mining, which will make such data
Mr. UDALL. I yield to the gentleman
accordingly.
available to the public and to Federal, re-
from West Virginia.
gional, State, and local agencies conducting
[Mr. HECHLER of West Virginia ad-
Mr. HECHLER of West Virginia. I
or concerned with land use planning and
dressed the Committee. His remarks will
agencies concerned with surface and under-
thank the gentleman for yielding.
appear hereafter in the Extensions of
ground mining and reclamation operations;
This is not a result of an intracommit-
Remarks.]
(9) assist the States in the development of
March 14, 1975
CONGRESSIONAL RECORD
H 1753
State programs for surface coal mining and
On page 177, strike all on line 22 and
First. Section 201, which places the new
reclamation operations which meet the re-
insert therein the following: "(c) Except as
office in EPA.
quirements of this Act and, at the same
specifically provided elsewhere in this Act.
Second. Title V, all of the regulatory
time, reflect local requirements and local
the Director shall-".
functions of title V; namely, sections 501
environmental conditions;
Mr. DINGELL. Mr. Chairman, I have
through 504, 506, 516, 517, 518, 521, 523
(10 assist the States in developing objec-
tive scientific criteria and appropriate proced-
amendments to section 201 of title II and
(a) and (c) through (e), 525, 526, 529.
ures and institutions for determining those
sections 701 and 712 of title VII of H.R.
Third. Section 703, employee protec-
areas of a State to be designated unsuitable
25 which were printed in the RECORD of
tion functions.
for all or certain types of surface coal min-
March 13, 1975, beginning on page H1723
Fourth. Section 705, grants to the
ing pursuant to section 522;
as required by rule XXIII, clause 6.
States.
(11) monitor all Federal and State re-
Mr. Chairman, my amendment would
Fifth. Section 708, Alaskan surface coal
search programs dealing with coal extraction
transfer some, but not all, of the func-
mine study oversight responsibility.
and use and recommend to Congress the re-
search and demonstration projects and neces-
tions prescribed by this bill to the Envi-
Mr. UDALL. Mr. Chairman, I rise in
sary changes in public policy which are des-
ronmental Protection Agency.
opposition to the amendment. Mr. Chair-
ignated to (A) improve feasibility of under-
The Interior Department is essentially
man, this is a balanced compromise bill.
ground coal mining, and (B) improve surface
a land management and research and
It is assaulted by one side, by the en-
mining and reclamation techniques directed
development oriented agency. It also has
vironmentalists, who say it is weak and
at eliminating adverse environmental and
regulatory responsibilities. But in this
you cannot stop the excesses. It is as-
social impacts; and
area, Interior has been quite ineffective,
saulted by the industry, who says it
(12) perform such other duties as may be
and constantly under fire for showing
will stop the production of coal.
provided by law and relate to the purposes
too much favoritism toward the energy
This amendment will upset a series of
of this Act.
industries.
four or five major compromises. The
Mr. UDALL (during the reading). Mr.
Indeed, for several years it has had
question arose very early on that if we
Chairman, I ask unanimous consent that
regulations governing surface mining on
are going to have a new strip mining
title II be considered as read, printed in
Federal lands. But the regulations are
law, who would enforce it? The environ-
the RECORD, and open to amendment at
weak, and the General Accounting Office
mentalists argue that the Environmental
any point.
was critical of Interior's even weaker
Protection Agency should enforce it. The
The CHAIRMAN. Is there objection to
enforcement of them.
compromise was that the Department of
the request of the gentleman from
The GAO has also been highly critical
the Interior would enforce it. But some
Arizona?
of Interior's weak enforcement of the
of the concerns expressed by the gentle-
Mr. DINGELL. Mr. Chairman, reserv-
1969 coal mine health and safety law
man from Michigan are concerns that
ing the right to object, I will not object,
and oil and gas operations on the Outer
I agree with. The Department of the
but I do so just for purposes of engaging
Continental Shelf, as has the House
Interior has been too cozy with the coal
in a colloquy with my friend, the gentle-
Committee on Government Operations
industry over the years. So as part of
man from Arizona. I am sure he will see
and my own Small Business Subcom-
the compromise, we set up a new office
to it that all Members who have an
mittee.
in the Department of the Interior to be
amendment to offer will get an opportu-
I think it wrong to place another en-
separate and apart from those divisions
nity to do so.
ergy regulatory burden on Interior.
of the Department of the Interior that
Mr. UDALL. Mr. Chairman, the only
My amendment would transfer the
promote coal production and have been
purpose of my request is to expedite and
regulatory functions of the bill to EPA,
identified with the industry previously.
not to cut off discussion.
while carefully separating within EPA
The gentleman's amendment upsets
Mr. DINGELL. I thank the gentleman.
the functions so that the new Office of
that compromise, takes the enforcement
Mr. STEIGER of Arizona. Mr. Chair-
Surface Mining Reclamation and En-
out, puts it in the EPA, and I think this
man, will the gentleman yield?
forcement will not act as policeman,
would be unwise. I think this new office
Mr. DINGELL. Mr. Chairman, I yield
prosecutor, and judge.
can do the job, and we have safeguards
to the gentleman-from Arizona.
I urge the adoption of my amendment.
in the bill to see that this is done.
Mr. STEIGER of Arizona. I ask the
Under the proposed amendment, ad-
Mr. DINGELL. Mr. Chairman, will the
gentleman to yield for the purpose of en-
ministration of H.R. 522 will be divided
gentleman yield?
gaging the gentleman from Arizona in a
as follows:
Mr. UDALL. Yes, I yield to the gentle-
colloquy. This bill, I would advise my
To the Secretary of the Interior:
man.
friend, as my friend is aware, apparently
First. All of title III concerning State
Mr. DINGELL. Mr. Chairman, I sus-
has confused some of the Members of the
mining and mineral resources and re-
pect the gentleman wants a strong bill
other body into believing the bill as it is
search institutes;
and is not totally satisfied with what
now written would allow the States to
Second. All of title IV concerning the
we have before us. I think the gentleman
impose regulations on Federal lands.
reclamation of abandoned mines;
has already indicated to us his personal
Mr. UDALL. No, as I discussed earlier
Third. All of title VI concerning the
preference what kind of action should
today in the colloquy with the gentle-
designation of lands unsuitable for non-
lie in EPA. I am sure the gentleman
man from Michigan this problem. The
coal mining;
would support the compromise. I sup-
understanding I have with the bill is
Fourth. Section 522(b), which provides
port his compromise.
that if Federal lands are to be put out-
for a review of Federal lands to deter-
Mr. UDALL. I would have supported
side the bounds of surface mining, it be
mine which areas are unsuitable for sur-
that view of it originally. But we made a
done under Federal act under the des-
face coal mining;
compromise, and I am going to stick with
ignations section and not by delegat-
Fifth. Section 523 (b) through (e),
it. We insisted that this be a brandnew
ing authority to do that in the States.
which relates to Federal mineral leases,
office of Interior.
Mr. DINGELL. Mr. Chairman, I with-
permits, or contracts involving surface
Mr. DINGELL Mr. Chairman, will the
draw my reservation of objection.
mining which are now administered by
The CHAIRMAN. Is there objection
gentleman yield further?
Interior;
Mr. UDALL. Yes.
to the request of the gentleman from
Sixth. Section 701(10) and 710 con-
Mr. DINGELL. Mr. Chairman, the
Arizona?
cerning Indian lands;
gentleman is probably doing what he
There was no objection.
Seventh. Section 713, research and
should, and I am well satisfied. But the
Are there amendments to title II?
demonstration;
hard fact of the matter is that the De-
AMENDMENT OFFERED BY MR. DINGELL
Eighth. Section 714, surface owner pro-
partment of the Interior has a miserable
Mr. DINGELL. Mr. Chairman, I offer
tection re federally owned mineral
track record in these kinds of matters,
an amendment.
rights; and
as I am sure the gentleman will agree.
The Clerk read as follows:
Ninth. Section 702(b), Federal lands.
Mr. UDALL. We are going to keep
Amendment offered by Mr. DINGELL: On
To the Environmental Protection
their feet to the fire, and I think they
page 177, lines 4 and 5 strike "in the De-
Agency and the Director of the new Of-
will enforce the spirit of this law.
partment of the Interior," and insert therein
fice of Surface Mining Reclamation and
Mr. STEIGER of Arizona. Mr. Chair-
"in the Environmental Protection Agency,".
Enforcement:
man, will the gentleman yield?
H 1754
CONGRESSIONAL RECORD HOUSE
March 14, 1975
Mr. UDALL. I yield to the gentleman
Department of the Interior on some en-
argument in support of the Dingell
from Arizona.
vironmental problems in the last several
amendment that the Department of the
Mr. STEIGER of Arizona. I would just
years. I think there has been no more
Interior is basically a management
like to join in opposition to the amend-
conscientious spokesman for environ-
agency. It manages land and resources.
ment and perhaps give sort of a labora-
mental protection than the brother of
On the other hand, the Environmental
tory sample of why this bill is indeed a
the gentleman from Arizona (Mr.
Protection Agency is an agency which
compromise. I am in hysterical opposi-
UDALL), the former Secretary of the In-
is occupied primarily with setting stand-
tion, I want to tell my friend, because
terior, Stewart Udall, in the years he
ards and regulations, such as the con-
the one single thing that would make
was in that post. He did much to cor-
trol of air and water pollution and the
this bill even more intolerable-and it is
rect the abuses of the past decades
control of pesticides.
intolerable-would be to have the EPA,
which have caused so much of the criti-
Many of the problems that are associ-
an advocate of pristine atmospheric,
cism of the Interior Department.
ated with the strip mining of coal relate
hypogenic values and the public be
So, Mr. Chairman, I will ask the Mem-
to air and water pollution. Therefore,
damned, that kind of an attitude, ad-
bers to please stay with the committee
I think it is quite logical, with the expe-
ministering these kinds of ambiguous
bill. I urge a vote against the amend-
rience and expertise under the manage-
regulations would guarantee the destruc-
ment. We will take care of this change
ment and regulatory staff that the En-
tion not only of this great resource but
next year if it proves warranted and we
vironmental Protection Agency has de-
of this land itself, and would fall like an
should support the committee now if we
veloped over the years, that this function
overripe fruit in the hands of the wait-
are going to get a law on the statute
should be placed in EPA.
ing Communist hordes.
books now, concerning surface mining.
The gentleman from Arizona once
Mr. UDALL. The gentleman moves me
Mr. RUPPE. Mr. Chairman, I move to
again remarked that this bill was a com-
very much with his oratory.
strike the requisite number of words, and
promise. I think we ought to do some-
Another practical reason I oppose this
I rise in opposition to the amendment.
thing right, right at the start instead
amendment is that I suspect we will be
Mr. Chairman, I think we have a very
of coming in with a piece of legislation
back in this Chamber trying to override
tough and a very rigorous bill before this
which is a very loose series of bandaids
a veto.
Committee. We have a piece of legisla-
on a very serious cancer like strip mining.
Mr. OTTINGER. Mr. Chairman, I
tion that is 166 pages in length. It covers
The issue is, whether this overripe fruit
move to strike the last word.
every facet of mining reclamation and
that my very good friend, the gentleman
Mr. Chairman, I rise in support of the
the problems of the environment, and I
from Arizona, referred to may not turn
very good amendment offered by the
believe it is a measure worthy of support
out to be a great moonscape as a result
gentleman from Michigan (Mr.
by the majority of this House.
of all the strip mining that is devastat-
DINGELL).
I would like also to point out that in
ing the land.
I think that the "overripe fruit" that
the lobbying that has gone on both last
Mr. OTTINGER. Mr. Chairman, will
is likely to drop is the efficacy of this leg-
year and this year within the adminis-
tht gentleman yield?
islation if the amendment is not adopted.
tration, the Interior Department has
Mr. HECHLER of West Virginia. I
Our experience with the Interior De-
time and time again come out in favor
gladly yield to the gentleman from New
partment is that it is so completely
of the tougher way of regulating strip
York.
dominated by the interests that it is sup-
mining. It has come out time and time
Mr. OTTINGER. Is it not a fact, with
posed to regulate in the public interest,
again for very rigorous legislation, and
all due deference to my friend, the gen-
that the legislation would be rendered
of all the agencies in Government, the
tleman from Michigan (Mr. RUPPE),
virtually meaningless if it were given
Department of the Interior has time and
that when the Interior Department came
the responsibility for enforcement.
time again fought for this legislation.
up and testified on this legislation a cou-
I think that if we are serious about
It has fought for the most rigorous and
ple of years ago, it supported the most
getting some protection for our environ-
the toughest portions of this legislation,
important of and the great majority of
mental concerns and not having the land
and within the administration it cer-
the weakening amendments, rather than
raped, we must make sure that we have
tainly has been a very forceful voice, not
the strengthening amendments?
meaningful enforcement. If we pass leg-
only in support of the legislation, but in
Mr. HECHLER of West Virginia. It is
islation, we want to see to it that it is
support of strip mining control and in
not only a fact that the Department of
carried out. The EPA will do it. Interior
support of regulations that would pro-
the Interior testified for weakening the
would not.
tect the environment.
legislation in 1973, also, the Department
It happens all too frequently that we
Mr. Chairman, let me just point out
of the Interior testified as recently as last
pass legislation in this body and then sit
one thing that this legislation contains.
month when they were given an oppor-
by idly and see that legislation frustrated
There are 10 different instances, for ex-
tunity to meet with the committee that
through lack of enforcement and
ample, when we can have citizen partici-
they had weakening amendments they
through conflicts of interest that do exist
pation. There are 10 different instances
desired. There was constant pressure
within the executive body.
of that. So this, to my way of thinking,
for weakening the effect of this legisla-
I think this is important legislation.
shows that the legislation basically is
tion.
We ought to see that it is carried out.
tough, and the fact that the Interior De-
Mr. OTTINGER. If the gentleman will
With all due respect, to both my friends
partment and Rogers Morton have time
yield further, as I recall, the Interior
from Arizona, Mr. UDALL and Mr. STEI-
and time again lobbied for the legisla-
Department came out against having a
GER, the compromise is a bad one.
tion is a very strong indication to me that
strong Federal role in this legislation.
Mr. Chairman, I strongly urge the
they mean business, and that they will
Mr. HECHLER of West Virginia. That
adoption of this amendment.
do a very forceful and a very good job
is correct; from the very start, the De-
Mr. RONCALIO. Mr. Chairman, I
of managing the legislation after it
partment of the Interior has attempted
move to strike the requisite number of
passes the Congress.
to weaken the bill and lessen the Federal
words, and I rise in opposition to the
Mr. HECHLER of West Virginia. Mr.
role.
amendment.
Chairman, I move to strike the requisite
Mr. OTTINGER. They came out
(Mr. RONCALIO asked and was given
number of words, and I rise in support
against having strong provisions for citi-
permission to revise and extend his re-
of the Dingell amendment.
zens' suits to enforce the legislation.
marks.)
Mr. Chairman, this is one of the most
Mr. HECHLER of West Virginia. The
Mr. RONCALIO. Mr. Chairman, I
important strengthening amendments to
gentleman is correct.
wanted to abstain from speaking. But
come before the Committee of the Whole
Mr. OTTINGER. From their attitude,
since my good friend and colleague from
and I hope that the Committee will sup-
one would assume that they really are
the 89th District, the gentleman from
port it.
not for strong legislation at all and would
New York, DICK OTTINGER, spoke for the
There is a group of individuals who
not enforce it well.
amendment, I rise in the hope that I
cannot vote to override the veto that the
Mr. HECHLER of West Virginia. As a
might hold a few freshmen votes in sup-
President expects to make of this bill,
matter of fact, the gentleman from Ari-
port of the committee version.
and if we do not strengthen it sufficiently,
zona (Mr. UDALL) remarked during the
This is a finely honed compromise. I
it will not be worth overriding the veto.
last session of Congress when we were
do wish to defend the attitude of the
I will simply observe in substantive
debating this bill that the only contribu-
March 14, 1975
CONGRESSIONAL RECORD HOUSE
1755
tion made by the administration was in
begone States at times have done an ex-
bill under which, at that time, there
weakening the bill.
cellent job. Ohio and Pennsylvania have
could have been. mind you, no surface
Since I mentioned the gentleman's
done a superb job in regulating surface
mining of coal. It is a little difficult to
name, perhaps I should yield to him on
mining of coal in those two States; and
take a bill which would have essentially
that point.
I think if the rest of the States of the
abolished the surface mining of coal and
Mr. OTTINGER. If the gentleman will
United States passed legislation similar
toughen It any further.
yield a little further, I would like to find
to what Pennsylvania and Ohio have, we
Mr. BROWN of California. Mr. Chair-
out about this compromise.
would have no need for the legislation
man, I move to strike the requisite num-
Between whom is this compromise?
that is before us here today.
ber of words.
It cannot be between the two gentlemen
So often people think that EPA is
(Mr. BROWN of California asked and
from Arizona. I take it that the gentle-
some magic word for perfection, that
was given permission to revise and extend
man from Arizona (Mr. STEIGER) is not
somehow it will manage the environ-
his remarks.)
going to support this legislation.
ment and protect against degradation of
Mr. BROWN of California. Mr. Chair-
Can we be informed with respect to
land values better than any other agency.
man, I rise in support of the amend-
the nature of who is involved in the com-
But even the EPA can make a mistake a
ment offered by the gentleman from
promise?
time or two.
Michigan. I recognize the need for a
Mr. UDALL. Mr. Chairman, if the gen-
I recall the other day that EPA was
realistic compromise in passing this leg-
tleman will yield, what I said was that
given a good deal of credit or discredit
islation. I am sure that the distinguished
the bill is a compromise. The compromis-
for coming up with the catalytic con-
subcommittee chairman, the gentleman
ing was done in two places, one in the
verter to solve the problem of automobile
from Arizona, has carefully crafted a
Committee on Interior of the House over
emissions as far as hydrocarbons and
piece of legislation which he does not
a period of months and months during
carbon monoxide are concerned. Yet it
wish to have disturbed. I am cognizant
the markup, and second, the compro-
turned out that the catalytic converter
of the words of the other gentleman from
mise occurred in the Committee on Ways
is spewing out sulfuric acid in the at-
Arizona (Mr. STEIGER) about the dire ef-
and Means, which was between God and
mosphere in uncontrolled amounts.
fects of having EPA involved in the reg-
the taxpayers and influenced by the
So I question whether it is absolutely
ulation of certain environmental aspects
parties of one of the first conference
imperative that we give EPA the control
of this bill. I want to assure the gentle-
committees in the history of the Con-
and regulatory authority for the legisla-
man that he should not have that much
gress that was open.
tion that passes this House.
fear.
Mr. HECHLER of West Virginia. To
The Department of the Interior and
The EPA has proved quite realistic in
continue, is there any reason whatsoever
Secretary Rogers Morton are committed
its attitude toward environmental mat-
that this House of Representatives, act-
to the legislation before us, and they
ters, as its recent action in connection
ing through the Committee of the Whole,
will certainly do a good job in providing
with automobile exhaust emissions has
has to take whole hog a piece of legisla-
the proper regulatory framework. I be-
indicated.
tion simply because it comes to us with
lieve the amendment should be defeated.
Frankly, I will support this amend-
some delicate compromises that are the
Mr. HECHLER of West Virginia. Mr.
ment not because I feel that EPA is go-
result of pressure on the part of the coal
Chairman, will the gentleman yield?
ing to be such a great improvement over
industry?
Mr. ANDREWS of North Dakota. I
the Depatrment of the Interior in the
Mr. OTTINGER. If the gentleman will
yield to the gentleman from West Vir-
rigor with which it enforces this bill, but
yield further, I think that we are going
ginia.
because I think it is better qualified by
to have the votes to pass strong legisla-
Mr. HECHLER of West Virginia. Mr.
virtue of its personnel, and the kind of
tion and to pass it with enough of a
Chairman, I wonder if I may direct a
actions which it is accustomed to taking
majority to indicate that we can override
question to the gentleman from Mich-
to perform the kind of actions that are
a veto, and I do not think there is any
igan?
required by the environmental regula-
need to compromise on the very critical
Is the Secretary of the Interior going
tions that are contained in this bill. It
question of whether this legislation is go-
to advise the President to sign this leg-
is a logical place in which to put this re-
ing to be enforced effectively.
islation? I would assume that was what
sponsibility. I think it would be as real-
Mr. HECHLER of West Virginia. Mr.
the gentleman from Michigan is saying.
istic in looking at the problems of the
Chairman, I urge strong support for the
Mr. RUPPE. Mr. Chairman, I cannot
coal industry as it has been in looking at
Dingell amendment.
of course speak for the Secretary of the
the problems of the automobile indus-
Mr. ANDREWS of North Dakota. Mr.
Interior, but let me say that within
try. Frankly, I do not think it has to be
Chairman, I move to strike the requisite
the agency there are different degrees
that realistic, and I would wish that it
number of words. I rise in opposition to
of support and this is not any secret
were not, but it will be under the pres-
the amendment, and I yield to the gen-
on either side of the aisle-the Secretary
ent administration. I would support the
tleman from Michigan (Mr. RUPPE).
of the Interior has been an advocate of
amendment, therefor, on the ground that
Mr. RUPPE. Mr. Chairman, I thank
a strong piece of legislation, and within
EPA is better qualified to accomplish the
the gentleman for yielding.
the debate inside the administration he
task, do it more effectively, and possi-
I just want to point out that much of
has certainly been the voice of support
bly more economically than can the per-
the opposition voiced by the Interior De-
for the bill. So I believe he would urge
sonnel of the Department of the Inte-
rior.
partment to the legislation as it has
the President to sign the bill, albeit it is
been written is their opposition to some
not exactly a secret, either, that the In-
It is for that reason that I am sup-
of the absolute words in the legislation
terior's voice is not the only voice heard
porting the amendment to give the EPA
like "prohibit" and "prevent."
by the President when he makes a final
this responsibility rather than any
I do not think, frankly, that when we
determination for supporting or with-
strong feeling on my part that they are
holding his support for the*bill.
going to actually engage in the kind
mine coal throughout the United States
of rigorous enforcement which some of
we can prohibit or prevent any environ-
Mr. HECHLER of West Virginia. Mr.
the opponents of the amendment seem
mental or social degradation. Frankly, if
Chairman, if the gentleman will yield
to fear.
those words in the legislation are not
still further, can the gentleman from
Mrs. MINK. Mr. Chairman, I move to
deleted, there will be untold litigation in
Michigan name me one amendment, one
strike the requisite number of words, and
the months and years ahead. It is going
piece of testimony, or anything that the
I rise in opposition to the amendment.
to retard, if not prevent, mining; and I
Secretary of the Interior has done, which
I think that we are all very much in-
think the Interior Department has every
would urge strengthening of this bill in
terested in having effective enforcement
reason to get those absolute words out of
any respect during the course of the
and a comprehensive approach toward
the legislation.
year, or during the course of the discus-
the promulgation of regulations in con-
I think we ought to ask ourselves also
sion with regard to this legislation?
formity with the legislation that we are
whether, indeed, there is any agency,
Mr. RUPPE. We have to remember
considering. But it seems to me that we
other than EPA, that can do a job like
that when the bill came out early last
have to take at least two points in con-
this.
year the bill provided almost a prohibi-
sidering the gentieman's amendment.
Let me say that even these four woe-
tion on surface mining of coal. It was a
One is the past experience that the De-
H 1756
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
partment of the Interior has had over
portunity to move ahead. It is Federal
Mr. STEIGER of Arizona. Mr. Chair-
the coal mining industry in various
coal we are dealing with by and large,
man, another point of order. I do not
aspects. not only in research but the ac-
and they have already promulgated regu-
want to confuse anyone here. I would
tual day-to-day aspects of inspecting the
lations at least initially that seek to im-
ask the Chair this: Is it true that if 21
coal mines with respect to the safety
plement some of the provisions of this
Members are standing, that is a sufficient
and health of the miners. In connection
law. So I would urge the House to defeat
number on which to base a rollcall vote
with that. most of the reserves we are
this amendment.
and we would then avoid the necessity
dealing with are Federal coal reserves.
The CHAIRMAN. The question is on
of demanding a quorum? It obviously is
When we talk about the development of
the amendment offered by the gentleman
not here anyway.
the West, we are basically dealing with
from Michigan (Mr. DINGELL).
The CHAIRMAN. Is the gentleman
Federal coal.
The question was taken; and on a di-
from Arizona withdrawing his point of
In conjunction with that, the Depart-
vision (demanded by Mr. HECHLER of
no quorum?
ment of the Interior has promulgated
West Virginia) there were-ayes 20, noes
Mr. STEIGER of Arizona. No. I am
regulations in late December or January
36.
just asking, if there are 21 Members who
to help begin the process of regulating
Mr. HECHLER of West Virginia. Mr.
responded to my demand for a rollcall,
our own coal development and produc-
Chairman, I demand a recorded vote.
which I coupled very cleverly with a
tion. So in that light it seems to me that
A recorded vote was refused.
point of order that a quorum was not
if we were now to carve out of this bill
So the amendment was rejected.
present, that is sufficient if 20 were stand-
the responsibilities for promulgating
The CHAIRMAN. Are there further
ing, but the Chair announced that 21
regulations and for enforcing them to a
amendments to title II?
were standing.
new agency that does not have the ex-
Mr. ROUSSELOT. Mr. Chairman, I
The CHAIRMAN. The point of no quo-
perience in this area, we will simply be
make the point of order that a quorum
rum must be disposed of first.
delaying the whole operation and effec-
is not present.
Mr. STEIGER of Arizona. Even though
tiveness of this very, very complex piece
The CHAIRMAN. The Chair will count.
the demand preceded the point of order?
of legislation.
Eighty Members are present, not a
The CHAIRMAN. Yes.
Second, I think it must be pointed
quorum.
Mr. STEIGER of Arizona. This is very
out that EPA has a very definite role in
The Chair announces that he will
interesting. I want all the Members to
the bill. We have given at least in two in-
vacate proceedings under the call when
remember that.
stances in the bill that come to my atten-
a quorum of the Committee appears.
Mr. UDALL. Mr. Chairman, if the gen-
tion specific veto to the EPA. We re-
Members will record their presence by
tleman will yield, I ask him to withdraw
quire written concurrence with not only
electronic device.
it and I will support his request for a
the promulgation of the regulations in
The call was taken by electronic device.
vote and we will thereby save time.
the first part, but also the issuance of
QUORUM CALL VACATED
Mr. STEIGER of Arizona. All right. I
the permit, so with respect to the clean
The CHAIRMAN. 101 Members have
think it is going to work out.
air-water concepts with which EPA has
appeared. A quorum of the Committee of
The CHAIRMAN. Sixty-eight Members
prime responsibility, we have very care-
the Whole is present. Pursuant to the
are present, evidently not a quorum.
fully written into this piece of legislation
The Chair announces that he will va-
provisions of clause 2, rule XXIII, fur-
their important role, and we have recog-
ther proceedings under the call shall be
cate proceedings under the call when a
nized their responsibility in this respect.
considered as vacated.
quorum of the committee appears.
So it seems to me that instead of
The Committee will resume its busi-
Members will record their presence by
changing the whole course of implement-
electronic device.
ness.
ing this legislation at this late date, what
Are there further amendment to title
The call was taken by electronic device.
we should do is give the Department of
II?
QUOEUM CALL VACATED
the Interior the responsibilities as writ-
AMENDMENT OFFERED BY MR. SEIBERLING
The CHAIRMAN. One hundred and
ten in the bill, and if down the road we
Mr. SEIBERLING. Mr. Chairman, I
two Members have appeared. A quorum
find that they have been ineffective and
offer an amendment.
of the Committee of the Whole is pres-
nonresponsive to the environmental con-
cerns of this country, then perhaps at
The Clerk read as follows:
ent. Pursuant to rule XXIII, clause 2,
further proceedings under the call shall
that time it would be appropriate to take
Amendment offered by Mr. SEIBERLING:
be considered as vacated.
another look at this section and perhaps
Page 177, line 6, strike the period and add
"under the Assistant Secretary for Land and
The Committee will resume its busi-
put their feet to the fire and change the
administration to another agency.
Water Resources."
ness.
Page 177, line 10, strike "V" and insert
RECORDED VOTE
Mr. SEIBERLING. Mr. Chairman, will
"IV."
The pending business is a demand for
the gentlewoman yield?
Mrs. MINK. I yield to the gentleman
[Mr. SEIBERLING addressed the Com-
a recorded vote.
from Ohio.
mittee. His remarks will appear hereafter
A recorded vote was ordered.
in the Extensions of Remarks.]
The vote was taken by electronic de-
Mr. SEIBERLING. I thank the gentle-
vice, and there were-ayes 145, noes 100,
woman for yielding.
The CHAIRMAN. The question is on
not voting, 187, as follows:
I agree with everything the gentle-
the amendment offered by the gentleman
woman has said but I am going to vote
from Ohio (Mr. SEIBERLING)
[Roll No. 52]
for this amendment. The reason why I
The question was taken; and the
AYES-145
am going to vote for it is that it will give
Chairman announced that the ayes ap-
Alexander
Chisholm
Gude
us an opportunity in conference to re-
peared to have it.
Ambro
Clay
Haley
Anderson,
Collins, III.
Hall
write this bill so that we will make sure
Mr. STEIGER of Arizona. Mr. Chair-
Calif.
Cornell
Hamilton
that the Office of Enforcement in the
man, on that I demand a recorded vote
Ashley
Danielson
Hannaford
and make the point of order that a quo-
AuCoin
Derrick
Harkin
Department of the Interior is in an in-
Baldus
Dingell
Harris
dependent status and not put under
rum is not present.
Baucus
Downey
Hayes, Ind.
MESA, which would, in effect, make it a
The CHAIRMAN. The Chair will count.
Bennett
Drinan
Hechler, W. Va.
weak body.
Mr. STEIGER of Arizona. I am told
Bergland
du Pont
Holland
Mr. Chairman, that you are not honor-
Bingham
Eckhardt
Holtzman
Mrs. MINK. I would simply like to
Blanchard
Emery
Hubbard
conclude by saying that most of us on
ing my point of order that a quorum is
Blouin
English
Hughes
not present.
Bolling
Evans, Colo.
Jacobs
the committee are very much aware of
The CHAIRMAN. The Chair has
Bonker
Fascell
Jeffords
the many deficiencies in the Department
Breckinridge
Fenwick
Jenrette
of the Interior, and we are working with
counted 21 Members to this point.
Brinkley
Fish
Jones, N.C.
Mr. STEIGER of Arizona. Mr. Chair-
Brodhead
Fisher
them on a day-to-day basis in our over-
Jones, Okla.
Brown, Calif.
Flood
Kastenmeier
sight responsibilities. But it seems to me
man
Burke, Calif.
Foley
Keys
in this one area in the development of
The CHAIRMAN. The Members will be
Burke, Mass.
Forsythe
Krebs
our coal resources that the Department
seated. The Chair is counting for a quo-
Burlison, Mo.
Glaimo
Krueger
Burton, Phillip
Gibbons
LaFalce
of the Interior should be given the op-
rum.
Carr
Green
Leggett
March 14, 1975
CONGRESSIONAL RECORD - HOUSE
1757
Lehman
Obey
Spellman
Meeds
Peyser
Spence
The CHAIRMAN. The gentleman is
Long, La.
Ottinger
Stanton,
Metcalfe
Pickle
Staggers
Long, Md.
Passman
J. William
Meyner
Pike
Steelman
correct.
McFall
Patman
Stanton,
Michel
Pritchard
Steiger, Wis.
Mr. STEIGER of Arizona. I thank the
McHugh
Patterson, Calif.
James V.
Mikva
Quillen
Stratton
Chair.
Macdonald
Perkins
Stark
Milford
Railsback
Stuckey
Madden
Preyer
Steed
Mills
Rangel
Symington
Mr. OTTINGER. Mr. Chairman, if the
Maguire
Price
Stokes
Minish
Reuss
Talcott
gentleman from Arizona will pay atten-
Mann
Rces
Studds
Mitchell, N.Y.
Rhodes
Taylor, Mo.
tion, I will tell him what the amendment
Matsunaga
Regula
Sullivan
Moorhead, Pa.
Rinaldo
Thompson
is all about.
Mazzoli
Richmond
Thornton
Mottl
Rodino
Ullman
Melcher
Riegle
Traxler
Murphy, III.
Roe
Vander Jagt
This amendment would put the re-
Mezvinsky
Roncalio
Tsongas
Murphy, N.Y.
Rosenthal
Waxman
sponsibility for enforcement of this Act
Miller, Calif.
Rooney
Udall
Murtha
Rostenkowski
Whitehurst
in the Environmental Protection Agency,
Mineta
Roush
Van Deerlin
Myers, Ind.
Runnels
Wilson,
Mink
Roybal
Vander Veen
Neal
St Germain
Charles H.,
with the additional requirement that the
Mitchell, Md.
Russo
Vanik
Nedzi
Santini
Calif.
Environmental Protection Agency con-
Moakley
Ryan
Vigorito
Nix
Schulze
Wolff
sult with the Department of the Interior.
Monett
Sarbanes
Weaver
O'Brien
Sebelius
Wydler
Mollohan
Scheuer
Whalen
O'Hara
Shipley
Wylie
It gives the Director of the Environmen-
Morgan
Schroeder
Wilson,
O'Neill
Simon
Yates
tal Protection Agency the responsibility
Moss
Seiberiing
Charles, Tex.
Patten
Sisk
Young, Ga.
for taking the actions under this Act in
Natcher
Sharp
Wirth
Pattison, N.Y.
Smith, Nebr.
Zeferetti
Nolan
Black
Yatron
Pepper
Snyder
consultation with the Secretary of the
Nowak
Smith, Iowa
Zablocki
Interior. The substance of this amend-
Oberstar
Solarz
So the amendment was agreed to.
ment, with the exception of the consulta-
The result of the vote was announced
NOES-100
tion provisions, was provided in the Din-
as above recorded.
Andrews,
Hastings
Randall
gell amendment. We did not get the op-
N. Dak.
Hicks
Risenhoover
AMENDMENT OFFERED BY MR. OTTINGER
portunity for a record vote on that
Annunzio
Hightower
Roberts
Mr. OTTINGER. Mr. Chairman, I
amendment, and I think we should have
Armstrong
Hillis
Robinson
offer an amendment.
Bauman
Hinshaw
Rogers
that opportunity.
Bevill
Holt
Rose
The Clerk read as follows:
Mr. RUPPE. Mr. Chairman, will the
Biester
Howe
Rousselot
Amendment offered by Mr. OTTINGER: Page
gentleman yield?
Brown, Mich.
Hyde
Ruppe
177, lines 3 to 6, strike out all after "Sec.
Mr. OTTINGER. I yield to the gentle-
Brown, Ohio
Ichord
Sarasin
Broyhill
Johnson, Colo.
Satterfield
201(a)" and insert the following: "There is
man from Michigan.
Buchanan
Johnson, Pa.
Schneebeli
established in the Environmental Protection
Mr. RUPPE. Mr. Chairman, does this
Burgener
Kasten
Shriver
Agency, which is to act in consultation with
put the responsibility for the legislation
Burke, Fla.
Kazen
Shuster
the Department of Interior with respect to
Burleson, Tex.
Kemp
Sikes
this Act, the Office of Surface Mining Rec-
in the hands of the EPA entirely, or does
Byron
Lagomarsino
Skubitz
lamation and Enforcement (hereinafter re-
the Secretary of the Interior still retain
Carter
Latta
Steiger, Ariz.
Clausen,
Lloyd. Tenn.
Stephens
ferred to as the "Office").
a portion of that responsibility?
Don H.
McCloskey
Symms
On page 177, strike all on line 55 and in-
Mr. OTTINGER. The Secretary must
Clawson, Del
McCollister
Taylor, N.C.
sert:
be consulted by the EPA.
Cohen
McDade
Teague
"(c) Except as specifically provided else-
Mr. RUPPE. The responsibility for the
Daniel, Dan
McDonald
Thone
where in this Act, the Director, in consulta-
Daniel, Robert
Madigan
Treen
legislation and that propagation of the
tion with the Secretary of the Interior,
W., Jr.
Mahon
Waggonner
administration of the bill would be trans-
shall-"
de la Garza
Martin
Walsh
ferred to the EPA?
Dickinson
Miller, Ohio
Wampler
Mr. OTTINGER. Mr. Chairman, the
Mr. OTTINGER. The EPA would act
Duncan, Oreg.
Montgomery
White
Erlenborn
Moore
Whitten
purpose of this amendment is to accom-
in consultation with the Secretary of the
Findley
Moorhead,
Wiggins
plish the substance
Interior.
Gonzalez
Calif.
Wilson, Bob
Mr. STEIGER of Arizona. Mr. Chair-
Mr. STEIGER of Arizona. Mr. Chair-
Goodling
Mosher
Winn
Gradison
Myers, Pa.
Wright
man, will the gentleman yield?
man, I rise in support of the gentle-
Grassley
Nichols
Young, Alaska
Mr. OTTINGER. I will yield after I
man's amendment.
Guyer
Poage
Young, Fla.
have finished my statement.
I would like to urge those people who
Hagedorn
Pressler
Young, Tex.
Hansen
Quie
Mr. STEIGER of Arisona. Mr. Chair-
are coneerned about the future of the
man, may we have a copy of the amend-
country and the electric bills of their
NOT VOTING-187
ment? That is all I want. We do not have
constituents to support this amendment.
Abdnor
Coughlin
Hammer-
a copy of the amendment.
I assure the Members that if this
Abzug
Crane
schmidt
Adams
D'Amours
Hanley
Mr. OTTINGER. There is a copy of
amendment is to succeed-and I assume
Addabbo
Daniels,
Harrington
the amendment at the desk.
we are gonig to have record vote-
Anderson, m.
Dominick V.
Harsha
Andrews, N.C.
Mr. Chairman, what this amendment
this will be the one way we can guar-
Davis
Hawkins
Archer
Delaney
Hays, Ohio
does, if the gentleman from Arizona will
antee a veto, and that is probably the
Ashbrook
Dellums
Hébert
listen for 1 minute, is identically
only way to save the consumers of this
Aspin
Dent
Heckler, Mass.
country.
Badillo
Derwinski
Hefner
PARLIAMENTARY INQUIRY
Bafalis
Devine
Heinz
So, for those Members who wish hon-
Mr. STEIGER of Arizona. Mr. Chair-
Barrett
Diggs
Helstoski
estly to sink this bill, I hope they join
Beard, R.I.
Dodd
Henderson
man, I have a parliamentary inquiry.
with me in that desire. The best way to
Beard, Tenn.
Downing
Horton
The CHAIRMAN. The gentleman will
Bedell
guarantee a veto is to support the
Duncan, Tenn.
Howard
Bell
state his parliamentary inquiry.
Early
Hungate
amendment offered by the gentleman
Biaggi
Edgar
Hutchinson
Mr. STEIGER of Arizona. Mr. Chair-
from New York (Mr. OTTINGER).
Boggs
Edwards, Ala.
Jarman
man, without a copy of the amendment,
Boland
That is on the level, Mr. Chairman.
Edwards, Calif.
Johnson, Calif.
Bowen
Eilberg
Jones, Ala.
we cannot understand the purpose of the
Mr. OTTINGER. Mr. Chairman, will
Brademas
Esch
Jones, Tenn.
amendment.
the gentleman yield?
Breaux
Eshleman
Jordan
I thought that under the new rules we
Brooks
Mr. STEIGER of Arizona. I yield to
Evans, Ind.
Karth
Broomfield
Evins, Tenn.
Kelly
are under some obligation to provide
the gentleman from New York.
Burton, John
Fithian
Ketchum
some sort of amendment in written form
Mr. OTTINGER. Mr. Chairman, I
Butler
Florio
Kindness
so that those Members who wish to go to
Carney
Plowers
Koch
would not expect support from the gen-
Casey
Flynt
Landrum
the extra effort might read and under-
tleman from Arizona (Mr. STEIGER) on
Cederberg
Ford, Mich.
Lent
stand what is going on.
any basis ordinarily. For the moment,
Chappell
Ford, Tenn.
Levitas
Clancy
Fountain
Litton
Am I correct or incorrect, Mr. Chair-
I was slightly worried about that.
Cleveland
Fraser
Lloyd, Calif.
man?
Mrs. MINK. Mr. Chairman, I move to
Cochran
Frenzel
Lott
The CHAIRMAN. It does not stop the
strike the requisite number of words, and
Collins, Tex.
Frey
Lujan
Conable
Fulton
McClory
consideration of an amendment, al-
I rise again in opposition to this amend-
Conlan
Fuqua
McCormack
though that is supposed to be the custom.
ment.
Conte
Gaydos
McEwen
Mr. STEIGER of Arizona. Mr. Chair-
Conyers
This is the identical amendment to
Gilman
McKay
Corman
Ginn
McKinney
man, the rule is simply a matter of
the Dingell amendment which we have
Cotter
Goldwater
Mathis
courtesy rather than one of mandate?
already earlier defeated. I believe that is
H 1758
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
perhaps down the road, because, after
Moorhead,
Rose
Symms
Committee of the Whole House on the
we have had experience under this legis-
Calif.
Roush
Taylor, N.C.
Morgan
Rousselot
Teague
State of the Union, reported that that
lation, we may want to consider a trans-
Myers, Pa.
Roybal
Thone
Committee having had under considera-
fer of the enforcement responsibilities
Natcher
Ruppe
Thornton
tion the bill (H.R. 25) to provide for the
to another agency.
Nichols
Russo
Treen
Oberstar
Ryan
Tsongas
cooperation between the Secretary of the
However, at this onset we are simply
Obey
Santini
Van Deerlin
Interior and the States with respect to
developing the regulations. It seems to
Passman
Sarasin
Vander Jagt
the regulation of surface coal mining
me we ought to leave this responsibility
Patman
Satterfield
Vigorito
Patterson,
Schneebeli
Waggonner
operations, and the acquisition and
in the Department of the Interior.
Calif.
Seiberling
Walsh
reclamation of abandoned mines, and
The bill as now constructed, as I said
Perkins
Shriver
Wampler
for other purposes, had come to no reso-
earlier. does give the responsibility to
Poage
Sikes
White
lution thereon.
Pressier
Slack
Whitten
EPA. It gives a veto responsibility over
Preyer
Smith, Iowa
Wiggins
the promulgation of regulations insofar
Price
Stanton,
Wilson, Bob
as clean air and clean water and the
Quie
J. William
Wilson,
GENERAL LEAVE
Randall
issuance of permits are concerned.
Stanton,
Charles, Tex.
Regula
James V.
Winn
Mrs. MINK. Mr. Speaker, I ask unani-
So, Mr. Chairman, I ask my colleagues
Risenhoover
Stark
Wright
mous consent that all Members may re-
to please vote down this amendment.
Roberts
Steed
Yatron
Robinson
vise and extend their remarks in con-
Stephens
Young, Fla.
The CHAIRMAN. The question is on
Rogers
Sullivan
Young, Tex.
nection with the debate on H.R. 25.
the amendment offered by the gentleman
Roncalio
Symington
Zablocki
The SPEAKER. Is there objection to
from New York (Mr. OTTINGER).
NOT VOTING-191
the request of the gentlewoman from
The question was taken; and the
Hawaii?
Abdnor
Evins, Tenn.
Mills
Chairman announced that the noes
Abzug
Fascell
Minish
There was no objection.
appeared to have it.
Adams
Fithian
Mitchell, N.Y.
Addabbo
Florio
Mollohan
RECORDED VOTE
Andrews, N.C.
Flowers
Moorhead, Pa.
Mr. OTTINGER. Mr. Chairman, I de-
Ashbrook
Flynt
Mottl
Aspin
Ford, Mich.
Murphy, III.
mand a recorded vote.
Badillo
Ford, Tenn.
Murphy, N.Y.
A recorded vote was ordered.
Bafalis
Fountain
Murtha
Baldus
Fraser
Myers, Ind.
The vote was taken by electronic de-
Barrett
Frenzel
Neal
vice, and there were-ayes 67, noes 174,
Beard, R.I.
Frey
Nix
not voting 191, as follows:
Beard, Tenn.
Fulton
O'Brien
Bedell
Fuqua
O'Hara
[Roll No. 53]
Bell
Gaydos
O'Neill
Bergland
Gilman
Patten
AYES-67
Biaggi
Ginn
Pattison, N.Y.
Ambro
Harkin
Ottinger
Boggs
Goldwater
Pepper
Baucus
Harris
Rees
Boland
Hammer-
Peyser
Biester
Hechler, W. Va.
Richmond
Bowen
schmidt
Pickle
Blouin
Heckler, Mass.
Riegle
Brademas
Hanley
Pike
Brodhead
Holtzman
Rooney
Breaux
Harrington
Pritchard
Brown, Calif.
Jacobs
Sarbanes
Brinkley
Harsha
Quillen
Burke, Calif.
Kastenmeier
Scheuer
Brooks
Hawkins
Railsback
Burton, Phillip
Krebs
Schroeder
Broomfield
Hays, Ohio
Rangel
Carr
Lehman
Sharp
Burke, Fla.
Hefner
Reuss
Chisholm
McCloskey
Solarz
Burton, John
Heinz
Rhodes
Clay
McHugh
Spellman
Butler
Helstoski
Rinaldo
Collins, Ill
Madden
Steiger, Ariz.
Carney
Henderson
Rodino
Cornell
Maguire
Stokes
Casey
Horton
Roe
Dingell
Mezvinsky
Studds
Cederberg
Howard
Rosenthal
Downey
Miller, Calif.
Traxler
Chappell
Hubbard
Rostenkowski
Drinan
Mitche'l, Md.
Vander Veen
Clancy
Hughes
Runnels
Emery
Moakley
Vanik
Cleveland
Hungate
St Germain
Fish
Moffett
Weaver
Cochran
Hutchinson
Schulze
Fisher
Mosher
Whalen
Collins, Tex.
Jarman
Sebelius
Green
Moss
Wirth
Conable
Johnson, Calif.
Shipley
Gude
Nedzi
Young, Alaska
Conlan
Jones, Ala.
Shuster
Hall
Nolan
Conte
Jones, Tenn.
Simon
Hannaford
Nowak
Conyers
Jordan
Sisk
Corman
Karth
Skubits
NOES-174
Cotter
Kelly
Smith, Nebr.
Alexander
Danielson
Hyde
Coughlin
Ketchum
Snyder
Anderson,
de la Garza
Ichord
Crane
Keys
Spence
Calif.
Derrick
Jeffords
D'Amours
Kindness
Staggers
Anderson, Ill.
Dickinson
Jenrette
Daniels,
Koch
Steelman
Andrews,
Duncan, Oreg.
Johnson, Colo.
Dominick V.
Landrum
Steiger, Wis.
N. Dak.
du Pont
Johnson, Pa.
Davis
Lent
Stratton
Annunzio
Eckhardt
Jones, N.C.
Delaney
Levitas
Stuckey
Archer
English
Jones, Okla.
Dellums
Litton
Talcott
Armstrong
Erlenborn
Kasten
Dent
Lloyd, Calif.
Taylor, Mo.
Ashley
Evans, Colo.
Kazen
Derwinski
Lott
Thompson
AuCoin
Fenwick
Kemp
Devine
Lujan
Udall
Bauman
Findley
Krueger
Diggs
McClory
Ullman
Bennett
Flood
LaFalce
Dodd
McCormack
Waxman
Bevill
Foley
Lagomarsino
Downing
McEwen
Whitehurst
Bingham
Forsythe
Latta
Duncan, Tenn.
McKay
Wilson,
Blanchard
Glaimo
Leggett
Early
McKinney
Charles H.,
Bolling
Gibbons
Lloyd, Tenn.
Edgar
Madigan
Calif.
Bonker
Gonzalez
Long, La.
Edwards, Ala.
Mathis
Wolff
Breckinridge
Goodling
Long, Md.
Edwards, Calif.
Meeds
Wydler
Brown, Mich.
Gradison
McCollister
Eilberg
Metcalfe
Wylie
Brown, Ohio
Grassley
McDade
Esch
Meyner
Yates
Broyhill
Guyer
McDonald
Eshleman
Michel
Young, Ga.
Buchanan
Hagedorn
McFall
Evans, Ind.
Mikva
Zeferetti
Burgener
Haley
Macdonald
Burke, Mass.
Hamilton
Mahon
So the amendment was rejected.
Burleson, Tex.
Hansen
Mann
The result of the vote was announced
Burlison, Mo.
Hastings
Martin
as above recorded.
Byron
Hayes, Ind.
Matsunaga
Carter
Hébert
Mazzoli
Mrs. MINK. Mr. Chairman, I move
Clausen,
Hicks
Melcher
that the Committee do now rise.
Don H.
Hightower
Milford
Clawson, Del
Hillis
Miller, Ohio
The motion was agreed to.
Cohen
Hinshaw
Mineta
Accordingly the Committee rose; and,
Daniel, Dan
Holland
Mink
Daniel, Robert
Holt
Montgomery
the Speaker having resumed the chair,
W., Jr.
Howe
Moore
Mr. SMITH of Iowa, Chairman of the
1760
CONGRESSIONAL RECORD - HOUSE
March 14, 1975
Certainly the experience throughout
Appalachia is one of the major reasons
why the issue of strip mining comes to
Congress. Once again this afternoon the
Congress is finally coming to grips with
this legislation.
I certainly hope that when the time
occurs, strong support from both sides
of the aisle will come for the Spellman
amendment which will be offered by our
colleague the gentlewoman from Mary-
land (Mrs. GLADYS SPELLMAN) to ban
strip mining on those slopes more than
20 degrees in steepness.
Mr. Speaker, I include with my re-
marks the editorial of this morning's
Washington Post.
The editorial referred to follows:
A NEW EFFORT AGAINST STRIP MINING
Although efforts have been made for four
years to pass federal legislation against strip
mining, it appears now that the Congress has
finally realized the need for controls. On
Wednesday, the Senate gave strong ap-
proval-84 to 13-to a bill that has a number
of strengths. A major breakthrough is the
provision that protects from strip mining
certain essential agricultural lands in vital
areas of the West. Individual ranchers and
farmers have been raising their voices for
years on this issue, making the case that
using the land for the long-term production
of food is more important than the one-shot
use of the land for energy. Sen. Lee Metcalf
(D-Mont.), the bill's floor manager, deserves
credit for proposing to prevent the strip min-
ers from ravaging crop-lands and hay-lands
in the vital valleys in the Western states.
In the House, which is scheduled to take
up debate today and vote Monday, several
opportunities exist to strengthen the legisla-
tion. It is important, for example, that no
new permits be given for strip mining on
slopes above 20 degrees. The people living
among the hills and mountains of central
Appalachia have already been sufficiently vic-
ENDORSING THE SPELLMAN AMEND-
timized by strip mining operations, and de-
MENT TO BAN STRIP MINING ON
serve protection from future assaults. As for
SLOPES OF MORE THAN 20
money to restore land that strippers left for
DEGREES IN STEEPNESS
rubble once the coal was extracted, the House
bill now asks for 35 cents a ton of strip
(Mr. HECHLER of West Virginia asked
mined coal. Efforts will be made to raise this
and was given permission to address the
to 50 cents; the argument is that with a
House for 1 minute and to revise and
larger reclamation fund, not only will jobs
extend his remarks and include extra-
be opened up but the land itself will recover
its potential for agricultural, industrial and
neous matter.)
recreational uses. Because the nation has
Mr. HECHLER of West Virginia. Mr.
never had a federal strip mine bill, questions
Speaker, the Washington Post included
are being raised about the suitability of the
an editorial in this morning's edition,
Interior Department to enforce the regula-
with much of which I agree.
tions; a strong case is being made that EPA
should be given the responsibility, on the
The editorial indicated that some posi-
ground that Interior is too tied to a philoso-
tive action must be taken by this Con-
phy of coal development.
gress in the area of strip mining and
In the push for new sources of energy, no
in particular, the editorial underlined the
one is advocating that coal be ignored. In
necessity for action in those steep-slope
fact, Russell E. Train, administrator of the
areas of over 20 degrees, where the most
Environmental Protection Agency, has said
devastating damage occurs from strip
that because the nation's total coal supply is
mining.
overwhelmingly in deep mines it makes sense,
both economically and environmentally, to
expand underground mining. Sen. Mike
Mansfield (D-Mont.), noting the rush to
strip mine the Western coalfields, has asked:
"What is going to happen to the vast quan-
tities of mineable coal in the Eastern part
of the United States?" Mr. Train and Sen.
Mansfield go to the essence of the issue.
It is disappointing that four years have
passed with no decisive action on a federal
strip mine bill. During that time the strip
miners have not been idle. As the land is
torn up an average of 1,000 acres a week, the
public waits for Congress to offer some long
overdue controls.
March 14, 1975
CONGRESSIONAL RECORD HOUSE
H 1789
AMENDMENTS
Under clause 6 of rule XXIII, pro-
posed amendments were submitted as
follows:
H.R. 25
By Mr. BAUCUS:
(Section 508(a))
Page 232, line 22, a new paragraph "(5)" as
follows and renumber all subsequent para-
graphs:
"(5) a detailed description of the proposed
revegetation plan, including the identifica-
tion of plant species and appropriate assur-
ances that viable seeds will be available in
sufficient quantities to ensure that the pro-
posed revegetation plan will be achieved in
compliance with the proposed timetable for
reclamation:"
By Mr. EVANS of Colorado:
Beginning on page 238, strike out line 25
and all that follows down through line 6 on
page 239 and insert in lieu thereof:
"(A) not adversely affect, or be located
within, alluvial valley floors, underlain by
unconsolidated stream-laid deposits where
farming or ranching can be practiced on irri-
gated or naturally subirrigated haymeadows,
pasturelands, or croplands; or".
"PROTECTION OF WATER RIGHTS
"SEC. 717. (a) In those instances in which
it is determined that a proposed surface coal
mining operation is likely to adversely af-
fect the hydrologic balance of water on or
off site, or diminish the supply or quality of
such water, the application for a permit shall
include either-
"(1) the written consent of all owners of
water rights reasonably anticipated to be af-
fected; or
"(2) evidence of the capability and will-
ingness to provide substitute water supply
at least equal in quality, quantity, and dura-
1790
CONGRESSIONAL RECORD-HOUSE
March 14, 1975
tion to the affected water rights of such
enter and commence surface coal mining op-
insert a comma in lieu thereof, and add the
owners.
erations on such land.
following phrase "provided, That with re-
"(b) (1) An owner of water rights adversely
"(c) No owner shall evict a lessee for the
spect to coal to be mined for use in a syn-
affected may file a complaint detailing the
purpose of authorizing surface mining with-
thetic fuel facility, the permittee shall be
loss in quantity or quality of his water with
out a minimum of one year's notice and
deemed to have commenced surface mining
the regulatory authority.
without providing just compensation for any
operations at such time as the construction
"(2) Upon receipt of such complaint the
improvements of said lessees. If the owner
of the synthetic fuel facility is initiated."
regulatory authority shall-
and said lessees are unable to reach just
Page 238, line 22, strike out all of line
"(A) investigate such complaint using all
agreement on just compensation, the district
22 through line 24, and on page 239, strike
available information including the monitor-
court in which the said surface area is lo-
out all of lines 1 through 21, and insert the
ing data gathered pursuant to section 517;
cated shall have jurisdiction without regard
following:
"(B) within 90 days issue a specific writ-
to the amount in controversy or diversity of
"(5) the proposed surface coal mining
ten finding as to the cause of the water loss
citizenship to consider and decide any action
operation, if located west of the one hun-
in quantity or quality, if any;
filed by lessees to determine such compensa-
dredth meridian west longitude, would not
(C) order the mining operator to replace
tion."
have a substantial adverse effect on crop-
the water within a reasonable time in like
Page 263, line 15, after the word "cut",
lands or haylands overlying alluvial valley
quality, quantity, and duration if the loss 18
strike all through the word "mat" on line
floors where such croplands or haylands are
caused by the surface coal mining operations,
23, inclusive.
significant to the practice of farming or
and require the mining operator to com-
Page 294, line 21, strike the words "bound-
ranching operations."
pensate the owner of the water right for any
aries of any national forest" and insert the
Page 256, strike lines 1 through 11 and
damages he has sustained by reason of said
following: "the National Forest System".
substitute the following:
loss; and
Page 258, line 12, strike subsection (14) in-
"(13) With respect to the use of existing
"(D) order the suspension of the opera-
clusive, and insert in lieu thereof the follow-
or new impoundments for the disposal of
tor's permit if the operator fails to comply
ing subsection;
coal mine wastes, coal processing wastes, or
with any order issued pursuant to subpara-
"(14) segregate all acid-forming materials,
other liquid or solid wastes, incorporate the
graph (C).
toxic materials, and materials constituting a
best engineering practices for the design, lo-
By Mr. HECHLER of West Virginia:
fire hazard and promptly bury. cover, com-
cation and construction of water retention
Page 210, line 6, strike out "515 (b) (19),
pact, and isolate such materials during the
facilities and construct or reconstruct such
and 515(d) of this Act," and insert in lieu
mining and reclamation process to prevent
facilities to insure that the construction will
thereof "and 515(b) (19) of this Act. No
contact with ground water systems and to
be so designed to achieve necessary stability
such permit shall be issued on or after such
prevent leaching and pollution of surface
with an adequate margin of safety to protect
date of enactment for surface coal mining
or subsurface waters."
the health and safety of the public; that
operations on a steep slope (as defined in
Page 173, line 14, strike all of subsection
leachate will not pollute surface or ground
section 515(d) (4)) or on any mountain,
(d) and insert therein the following:
water, and that no mine waste such as coal
ridge, hill, or other geographical configura-
"(d) while responsibility for regulation of
funes and slimes determined as unsuitable
tion which contains such a steep slope."
coal surface mining rests with the States,
for construction constitutents by sound en-
Page 288, between lines 8 and 9, insert the
the absence of effective regulatory laws and
gineering methods and design practices are
following:
effective enforcement in many States may
used in the construction of water impound-
"(4) the proposed surface coal mining op-
require that the Federal Government assume
ments, water retention facilities, dams, or
eration does not include mining on any steep
responsibility;
settling ponds; provided that the Secretary
slope (as defined in section 515(d) (4)) or
"(e) effective regulation of surface coal
shall consult with the Corps of Engineers
on any mountain, ridge, hill, or other geo-
mining operations by the States and by the
and the Secretary of Agriculture with respect
graphical configuration which contains such
Federal Government in accordance with the
to standards developed under this para-
a steep slope."
requirements of this Act is an appropriate
graph."
And redesignate the following paragraphs
and necessary means to prevent the adverse
(Conforming Amendment) Page 266,
accordingly.
social, economic, and environmental effects
strike lines 16 through Page 267, line 2, and
Page 266, after line 3, insert the following
of such mining operations;"
substitute the following:
new subsection:
Redesignate the following paragraphs ac-
"(5) With respect to the use of existing
"(4) with respect to underground mines
cordingly.
or new impoundments for the disposal of
opened after the date of enactment of this
Page 174, line 4, insert the following new
subsection:
coal mine wastes, coal processing wastes, or
Act, to the maximum extent physically and
other liquid or solid wastes, incorporate the
technologically possible and consistent with
"(f) there are a substantial number of
best engineering practices for the design, lo-
the safety of miners, incorporate practices of
acres of land throughout major regions of
cation and construction of water retention
backstowing or returning to mine voids, all
the United States disturbed by surface and
facilities and construct or reconstruct such
mine wastes and coal processing plant tail-
underground mining, on which little or no
facilities to insure that the construction will
ings;"
reclamation was conducted, and the impacts
be so designed to achieve necessary stability
And redesignate the following paragraphs
from these unreclaimed lands impose social
with an, adequate margin of safety to pro-
accordingly.
and economic costs on residents in nearby
tect the health and safety of the public; that
Page 256, line 11, after the period, insert
and adjoining areas as well as continuing to
leachate will not pollute surface or ground
the following:
impair environmental quality;"
water, and that no mine waste such as coal
"No coal mine wastes such as coal fines
Redesignate the following paragraphs
funes and slimes determined as unsuitable
and slimes shall be used as constituent mate-
accordingly.
for construction constituents by sound engi-
rials in the construction of any coal mine
On page 180, between lines 8 and 9, insert
neering methods and design practices are
waste dam or impoundment."
the following new subsection:
used in the construction of water impound-
Page 267, line 2, after the period, insert
"(d) the Director shall not use either per-
ments, water retention facilities, dams, or
the following:
manently or temporarily any person charged
settling ponds; provided that the Secretary
"No coal mine wastes such as coal fines
with responsibility of inspecting coal mines
shall consult with the Corps of Engineers
and slimes shall be used as constituent mate-
under the Federal Coal Mine Health and
and the Secretary of Agriculture with re-
rials in the construction of any coal mine
Safety Act of 1969, unless he finds, and pub-
spect to standards developed under this
waste dam or impoundment."
lishes such finding in the Federal Register,
paragraph."
Page 336, line 8, insert the following new
that such person or persons are not needed
Page 281, line 17, after the word "Constitu-
section:
for such inspections under the 1969 Act."
tion", add the word "and" and strike the re-
"SEC. 713. (a) In those instances in which
Page 213, between lines 16 and 17, insert
mainder of line 17 and all of lines 18, 19,
the surface owner is not the owner of the
the following sentence:
and 20, and add the following new subsec-
mineral estate, the application for a permit
"No funds shall be appropriated for Titles
tion:
face coal mining operations and the Fed-
III and IV of this Act until the Secretary
"(C) Any other person who is alleged to be
eral Government is not the owner of said
publishes in the Federal Register the actions
in violation of any rule, regulation, order
mineral estate, the application for a permit
he has taken to fully implement the Federal
or permit issued pursuant to this Act; or".
shall include the written consent by the
enforcement program required by this sub-
(Conforming amendments):
owner or owners of the surface lands in-
section."
On page 282, strike all of line 9 except the
volved and any person who holds an interest
By Mr. RUPPE:
semicolon and the word "or".
in such surface including but not limited to
Page 194, line 11, after the word "of",
On page 282, line 13, strike the words "or
the lessees of said surface.
strike out the words "thirty-five" and insert
the" and strike line 14 through the word
"(b) In those instances where the mineral
the word "ten". On line 12, place a period
"order" and add the following: "or any rule,
estate proposed to be mined by the surface
after the word "produced" and strike the
regulation, or permit issued pursuant to this
mining operations and the surface is owned
remainder of the sentence through the period
Act"
by the same person and there exists an in-
on line 15,
On page 284, line 1, strike the words "the
terest in the surface in the form of lease or
Page 194, line 22, strike the word "unless"
provisions of this Act, or of" and after the
permit, the application for a permit shall
and all of lines 23, 24, and 25 on page 194.
word "any" add the word "rule," and insert
include the written consent of the permittee
Strike lines one and two on page 195.
the word "or" after the word "order".
or lessee of the surface lands involved to
Page 223, line 2, strike the period, and
On page 284, line 2, strike the words "or
March 14, 1975
CONGRESSIONAL RECORD-HOUSE
1791
plan of reclamation issued by the Secretary"
State regulatory authority to take such en-
the regulatory authority may grant a vari-
and add the words, "issued pursuant to this
forcement action as may be necessary to
ance to the requirements for regrading, back-
Act,".
correct violations identified during inspec-
filling, and spoil placement as set forth in
Page 311, line 21, after the word "any"
tions. If the State regulatory authority fails
subsection 415(b) (8) or 415 (d) (2) where-----
insert the word "Federal".
to act within ten days from the date of such
"(A) after consultation with the appro-
By Mrs. SPELLMAN:
request, the Secretary may order any neces-
priate land use planning agencies, if any,
Page 210, line 6, strike out "515(b) (19),
sary enforcement action pursuant to sec-
the proposed development is deemed to con-
and 515(d) of this Act." and insert in lieu
tion 521 and shall order any necessary en-
stitute an equal or better economic or pub-
thereof "and 515(b) (19) of this Act. No such
forcement action pursuant to section 521
Itc use of the affected land, as compared
permit shall be issued on or after such date
(a) (2).
with the premining use;
of enactment for surface coal mining opera-
"(2) provide that upon receipt of inspec-
"(B) the granting of such proposed vari-
tions on a steep slope (as defined in section
tion reports indicating that any surface coal
ance is essential to obtaining the equal or
515(d) (4)) or on any mountain, ridge, hill,
mining operation has been found in viola-
better economic or public use;
or other geographical configuration which
tion of the mining and reclamation per-
"(C) the applicant presents specific plans
contains such a steep slope."
formance standards specified in section 502
for the proposed postmining land use and
Page 238, between lines 8 and 9, insert the
(a) during not less than two consecutive
appropriate assurances that such use will
following:
State inspections or upon receipt by the
be-
(4) the proposed surface coal mining oper-
Secretary of information which would give
"(1) compatible with adjacent land uses;
ation does not include mining on any steep
rise to reasonable belief that such standards
"(ii) obtainable according to data regard-
slope (as defined in section 515(d) (4)) or
are being violated by any surface coal min-
ing expected need and market;
on any mountain, ridge, hill or other geo-
ing operation, the Secretary shall order the
"(iii) assured of investment in necessary
graphical configuration which contains such
immediate inspection of such operation by
public facilities;
a steep slope.
Federal inspectors and the necessary en-
"(1v) supported by commitments from
And redesignate the following paragraphs
forcement actions, if any, to be implemented
public agencies where appropriate;
accordingly.
pursuant to the Federal enforcement pro-
"(v) practicable with respect to private
visions of this title. When the Federal in-
financial capability for completion of the
By Mr. STEIGER of Arizona:
spection results from information provided
proposed development;
Page 209, line 19, strike out all of line 19
through line 24, and on page 210, strike out
to the Secretary by any person, the Secre-
"(vi) planned pursuant to a schedule at-
all of lines 1 through 17, and insert the
tary shall notify such persons when the
tached to the reclamation plan so as to inte-
Federal inspection is proposed to be carried
grate the mining operation and reclamation
following:
out and such person shall be allowed to ac-
with the postmining land use; and
"SEC. 502(a) On and after ninety days from
company the inspector during the inspec-
"(vil) designed by a registered engineer in
the date of enactment of this Act, no person
tion;
conformance with professional standards es-
shall open or develop any new or previously
"(3) for purposes of this section, the term
tablished to assure the stability, drainage,
mined or abandoned site for surface coal
"Federal inspector" means personnel of the
and configuration necessary for the intended
mining operations on land on which such
Office of Surface Mining Reclamation and
use of the site;
operations are regulated by a State regulatory
Enforcement and such additional personnel
"(D) the proposed use would be consistent
authority unless such person has obtained a
of the United States Geological Survey, Bu-
with adjacent land uses, and existing State
permit from such regulatory authority. All
reau of Land Management, or of the Mining
and local land use plans and programs;
such permits shall contain terms requiring
Enforcement and Safety Administration so
"(E) the regulatory authority provides the
compliance with the mining and reclama-
designated by the Secretary, or such other
governing body of the unit of general pur-
tion performance standards set forth in sub-
personnel of the Forest Service, Soil Conser-
pose government in which the land is located
sections 515(b) (2), 515(b) (3), 515(b) (5),
vation Service, or the Agricultural Stabili-
and any State or Federal agency which the
515(b) (10), 515(b) (13), 515(b) (19), and
zation and Conservation Service as arranged
regulatory agency, in its discretion, deter-
515 (d) of this Act. The regulatory authority
by appropriate agreement with the Secretary
mines to have an interest in the proposed
shall act upon all applications for such per-
on a reimbursable or other basis;
use, an opportunity of not more than forty-
mits within forty-five days from the receipt
"(4) provide that the State regulatory
five days to review and comment on the pro-
thereof.
agency file with the Secretary and with a des-
posed use;
"(b) Within Sixty days from the date of
ignated Federal office centrally located in the
"(F) a public hearing, if requested after
enactment of this Act, the State regulatory
county or area in which the inspected surface
appropriate notice, is held in the locality of
shall review and amend all existing permits
coal mine is located copies of inspection re-
the proposed surface coal mining operation
in order to incorporate in them the mining
ports made; and
prior to the grant of any permit including
and reclamation performance standards spec-
"(5) provide that moneys authorized by
a variance; and
ified in subsection 502(a). On or before one
section 712 shall be available to the Secre-
"(G) all other requirements of this Act
hundred and twenty days from the date of
tary prior to the approval of a State program
will be met.
issuance of such amended permit, all surface
pursuant to this Act to reimburse the States
"(3) In granting any variance pursuant to
coal mining operations existing at the date
for conducting those inspections in which
this subsection the regulatory authority shall
of enactment of this Act on lands on which
the standards of this Act are enforced and for
require that-
such operations are regulated by a State regu-
the administration of this section.
"(A) the reclaimed area is stable;
latory authority shall comply with such min-
"(g) The provisions of this section shall
"(B) no damage will be done to natural
ing and reclamation performance standards
be applicable to surface coal mining and
watercourses; and
with respect to lands from which the over-
reclamation operations on lands on which
"(C) all other requirements of this Act
burden and the coal seam being mined has
such operations are regulated by a State
will be met.
not been removed."
regulatory authority until a State program is
"(4) The regulatory authority shall pro-
Redesignate the subsections accordingly.
approved in accordance with the provisions of
mulgate specific regulations to govern the
Page 211, line 12, strike out all of line 12,
section 503 of this Act or until a Federal pro-
granting of variances in accord with the pro-
page 211, thru line 22 on page 213 and insert
gram is promulgated in accordance with the
visions of this subsection, and may impose
requirements of section 504 of this Act."
such additional requirements as it deems to
the following:
"(f) The Secretary shall issue regulations,
(Conforming amendment): Title V. page
be necessary.
"(5) All variances granted under the pro-
to be effective one hundred and twenty days
286, Section (a) (4), line 24, strike the
words "section 502 or"
visions of this subsection shall be reviewed
from the date of enactment of this Act,
establishing an interim Federal evaluation
Page 238, line 7, after the word "designed"
not more than three years from the date of
insert the phrase: "to the maximum extent
issuance of the permit, unless the applicant
and enforcement program. Such program
practicable"
affirmatively demonstrates that the proposed
shall remain in effect in each State in which
there are surface coal mining operations reg-
(Conforming amendment) Page 254, line
development is proceeding in accordance with
ulated by a State regulatory authority until
22, after the word "preserving" insert the
the terms of the approved schedule and recla-
the State program has been approved and
phrase: "to the maximum extent practi-
mation plan."
cable".
Page 294, line 21, strike out all of lines 21
implemented pursuant to section 503 of this
thru 23 and substitute the following:
Act or until a Federal program has been
Page 259, line 17, page 259, strike line 17
"(2) on any Federal lands within the
prepared and implemented pursuant to sec-
through page 263, line 2 and substitute the
boundaries of any national forest: Provided,
tion 504 of this Act. The evaluation and en-
following:
That such prohibition shall not be applicable
forcement program shall-
'(c) (1) Each State program may and each
to surface operations and impacts incident
"(1) include inspections of surface coal
Federal program shall include procedures
to an underground coal mine: Provided
mining operations on a random basis with-
pursuant to which the regulatory authority
further, That the Secretary of Agriculture
out advance notice to the mine operator,
may permit variances for the purposes set
may set aside the prohibition on surface coal
for the purpose of evaluating State ad-
forth in this subsection.
mining operations for a specific area or areas
ministration of, and ascertaining compliance
"(2) In cases where an industrial, com-
if after due consideration of the existing and
with the mining and reclamation perform-
mercial (including commercial agricultural),
potential multiple resource uses and values
ance standards specified in subsection 502
residential, or public facility (including rec-
he determines such action to be in the public
(a). Except as provided in section 521 (a) (2),
reational facilities) development is proposed
interest. Surface coal mining on any such
the Secretary shall request the appropriate
for the postmining use of the affected land,
areas shall be subject to the provisions ap-
H 1792
CONGRESSIONAL RECORD HOUSE
March 14, 1975
plicable to other Federal lands as contained
"(b) In order to provide greater certainty
Strike Section 512(b) (8), page 243, lines 7
in section 523;"
in implementing and administering this Act,
through 9.
(Conforming amendment) : line 19, page
the Secretary is authorized to define, pur-
On page 307, line 24, strike the comma, in-
296 after "pursuant to the Act," add the
suant to his general rulemaking authority,
sert a period, and strike the remainder of
following: "With respect to National Forest
such other terms used in this Act as may be
the sentence.
System lands, the Secretary shall include in
susceptible to more than one reasonable in-
March 14, 1975.
permits, leases, and contracts those condi-
terpretation, provided that such definitions
By Mr. WIRTH:
tions and requirements deemed necessary by
are not inconsistent with specific provisions
Page 294, Line 21, strike the words:
the Secretary of Agriculture. The Secretary
of the Act."
"boundaries of any national forest" and in-
of Agriculture shall administer the provi-
Page 328, line 15, strike all of Section 714
sert the following: "the National Forest Sys-
sions of such permits, leases, or contracts re-
through line 4, page 335 and add the follow-
tem."
lating to reclamation and surface use, and
ing new section:
H.R. 4296
is authorized to enforce such provisions."
"SEC. 714. Nothing in this Act shall be con-
By Mr. KREBS:
Page 305, line 1, strike all of Section 529,
strued as increasing or diminishing any
Page 2, line 2, strike the figure "48 cents"
consisting of lines 1 through 24, and lines 1
property rights held by the United States
and insert in lieu thereof the figure "45
through 3 on page 306.
or by any other land owner."
cents".
Page 315, line 17, after line 17, add the fol-
(Conforming amendments): Strike Sec-
Page 2, line 6, strike the figure "40 cents"
lowing new subsection and reletter accord-
tion 102(b), page 174, line 23 through line 2,
and insert in lieu thereof the figure "38
ingly:
page 175.
cents".
distributed as another
membership service by the
American Mining Congress
Congressional Record
United States
of America
PROCEEDINGS AND DEBATES OF THE
94th
CONGRESS, FIRST SESSION
Vol. 121
WASHINGTON, MONDAY, MARCH 17, 1975
No. 43
SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1975
H 1794
Mr. UDALL Mr. Speaker, I move that
the House resolve itself into the Com-
mittee of the Whole House on the State
of the Union for the further considera-
tion of the bill (H.R. 25) to provide for
the cooperation between the Secretary of
the Interior and the States with respect
to the regulation of surface coal mining
operations, and the acquisition and rec-
lamation of abandoned mines, and for
other purposes.
The SPEAKER. The question is on the
motion offered by the gentleman from
Arizona.
The motion was agreed to.
IN THE COMMITTEE OF THE WHOLE
Accordingly the House resolved itself
into the Committee of the Whole House
on the State of the Union for the further
consideration of the bill H.R. 25, with
Mr. SMITH of Iowa in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Before the Commit-
tee rose on Friday, March 14, 1975, it had
agreed that title II of the committee
amendment in the nature of a substitute,
ending at line 8 on page 180, would be
considered as read and open for amend-
ment at any point.
Are there further amendments to title
II?
AMENDMENT OFFERED BY MR. HECHLER OF WEST
VIRGINIA
Mr. HECHLER of West Virginia. Mr.
Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. HECHLER of
West Virginia:
On page 180, between lines 8 and 9, insert
the following new subsection:
"(d) the Director shall not use either per-
manently or temporarily any person charged
with responsibility of inspecting coal mines
under the Federal Coal Mine Health and
Safety Act of 1969, unless he finds, and pub-
lishes such finding in the Federal Register,
that such person or persons are not needed
for such inspections under the 1969 Act."
PARLIAMENTARY INQUIRY
Mr. DINGELL Mr. Chairman, I have
a parliamentary inquiry.
The CHAIRMAN. The gentleman will
state his parliamentary inquiry.
Mr. DINGELL Mr. Chairman, I did
not hear what the Clerk read. Is the
amendment which was just offered to
title II, or is it to title III of the bill?
The CHAIRMAN. The Chair will state
that the amendment is to title II.
The Chair recognizes the gentleman
from West Virginia (Mr. HECHLER).
Mr HECHLER of West Virginia. Mr.
March 17, 1975
CONGRESSIONAL RECORD - HOUSE
1795
Chairman, at a time when we are ex-
which shall be available to the public. Who-
Company, Standard Oil of California, and
panding the production of coal in this
ever knowingly violates the provisions of the
Standard On of New Jersey since 1971.
above sentence shall, upon conviction, be
Nation and at a time when the Mining
punished by a fine of not more than $2,500,
In essence, the GAO found that the
Enforcement and Safety Administration
or by imprisonment for not more than one
Interior Department is not effectively
has asked for additional inspectors, I
year, or both. The Director shall (1) within
enforcing the 1879 law or the President's
think it would be dangerous to divert
sixty days after enactment of this Act pub-
1965 Executive Order 11222 on financial
these mine safety inspectors for the pur-
lish regulations, in accordance with 5 U.S.C.
disclosure by Government employees, in
pose of inspecting surface mines under
553, to establish the methods by which the
part, because the law and Executive or-
the legislation we are considering.
provisions of this subsection will be moni-
tored and enforced, including appropriate
der have no teeth.
As a matter of fact, I have in my hand
provisions for the filing by such employees
I note from a March 10, 1975, letter to
a contract to retrain mine safety inspec-
and the review of statements and supple-
Senator HENRY M. JACKSON, that the
tors as strip mine inspectors. It would
ments thereto concerning their financial in-
Geological Survey has belatedly taken
seem to me very unfortunate if we util-
terests which may be affected by this subsec-
administrative steps to enforce the 1879
ized those trained personnel, who are
tion, and (2) report to the Congress on
law, but I stress it has no teeth.
trained to protect the lives and safety of
March 1 of each calendar year on the actions
Incidentally, Congress has applied the
coal miners, for the purpose of inspecting
taken and not taken during the preceding
calendar year under this subsection."
1879 law to the Bureau of Land Manage-
strip mines.
ment (43 U.S.C. 31) and adopted a simi-
I have a release from the Department
Mr. DINGELL (during the reading).
lar law (30 U.S.C. 6) for the Bureau of
of the Interior, dated March 3, 1975, stat-
Mr. Chairman, I ask unanimous consent
Mines.
ing "The Interior Department's Mining
that further reading of the amendment
My amendment will prohibit employees
Enforcement and Safety Administration
be dispensed with and that it be printed
administering this bill from having a fi-
is proposing a substantial increase in
in the RECORD.
ancial interest in coal mining operations,
enforcement, education, and technical
The CHAIRMAN. Is there objection to
with one limited exception. My amend-
activities during the coming fiscal year."
the request of the gentleman from Mich-
ment would let an employee hold up to
MESA is seeking additional inspectors
igan?
a total of 100 shares of stock in com-
for mine safety purposes. In addition,
There was no objection.
panies having interests, direct or indi-
MESA is seeking additional funds of
Mr. DINGELL. Mr. Chairman, my
rect, in coal mining operations if such
$600.000 to increase the assessments
amendment to section 201 of H.R. 25 is
companies' stock is listed on a securities
staff by 30 to collect more fines from
printed in the RECORD of March 13, 1975,
exchange registered with the Securities
coal operators for violations of the Fed-
pursuant to rule XXIII, clause 6.
and Exchange Commission and if such
eral Coal Mine Health and Safety Act
The amendment would add two new
employee files a statement showing such
of 1969. A cutback in personnel of MESA
subsections:
holdings, which such statement will be
at a time when coal production is being
The first subsection is in the nature of
available to the public. The amendment
stepped up would be disastrous. We can-
a technical change to insure that the new
would require that the Director of the
not comprise the safety of coal miners.
Office of Surface Mining Reclamation
new Office of Surface Mining Reclama-
Mr. UDALL. Mr. Chairman, will the
and Enforcement will have its forms and
tion and Enforcement enforce this re-
gentleman yield?
questionnaires approved by the General
quirement and file an annual report to
Mr. HECHLER of West Virginia. I
Accounting Office, rather than the Office
Congress on such enforcement. My
yield to the gentleman from Arizona.
of Management and Budget. The GAO is
amendment would also provide a penalty,
Mr. UDALL. Mr. Chairman, I have
now doing this for a number of regula-
upon conviction, for knowing violations
inspected the amendment, and its pur-
tory agencies-for example, the FPC,
of this prohibition.
pose, which is to make sure that there
ICC, FTC, et cetera-pursuant to provi-
The amendment applies to all such
is not a draining off of the employees
sions we adopted in the 1973 Alaska pipe-
employees, because many Interior em-
now inspecting underground mines, is an
line legislation.
ployees at such levels as GS-5 and GS-7
admirable objective. It seems to me there
The second subsection concerns the
and GS-9 currently have enforcement
is sufficient flexibility in the amendment
holding of any financial interests in coal
duties in the energy area-for example,
that it would strengthen the bill.
mines by Federal employees administer-
coal mine inspectors and trainees. Also
Therefore, I am prepared to support
ing this act.
the Geological Survey, in its March 10,
the amendment.
In 1879, Congress enacted 43 U.S.C. 31,
1975, letter said, that it now applies the
Mr. HECHLER of West Virginia. Mr.
which states:
1879 law to all its employees, at all levels
Chairman, I thank the gentleman from
The Director and members of the Geo-
and positions.
Arizona.
logical Survey [of the Interior Department]
If the Congress in 1879 believed such
The CHAIRMAN. The question is on
shall have no personal or private interests in
a prohibition essential then, imagine
the amendment offered by the gentle-
the lands or mineral wealth of the region
what it would believe today in the light
man from West Virginia (Mr. HECHLER).
under survey, and shall execute no surveys or
of recent scandals.
The amendment was agreed to.
examinations for private parties or corpora-
tions.
I want to prevent future scandals. Fed-
AMENDMENT OFFERED BY MR. DINGELL
eral employees administering this law
Mr. DINGELL Mr. Chairman, I offer
According to a March 3, 1975, report by
will be able to have financial interests,
the Comptroller General (FPCD-75-131)
an amendment.
and so forth, in many corporations, but
The Clerk read as follows:
entitled "Effectiveness of the Financial
not those with coal mining interests. I
Disclosure System For Employees of the
Amendment offered by Mr. DINGELL: On
think this is appropriate.
page 180, between lines 8 and 9 insert the
U.S. Geological Survey," the Geological
I urge adoption of my amendment-
following new subsections:
Survey has uniformly interpreted the
I include the following:
"(d) The Office shall be considered an in-
above statute to mean that:
GEOLOGICAL SURVEY,
dependent Federal regulatory agency for the
No USGS employee may own an interest
Reston, Va., March 10, 1975.
purposes of sections 3502 and 3512 of title 44
in oil or mining enterprises.
Hon. HENRY M. JACKSON,
of the United States Code.
Chairman, Committee on Interior, and Insu-
Despite this interpretation the GAO
"(e) No employee of the Office or any other
lar Affairs, U.S. Senate, Washington, D.C.
found on March 3, 1975 (p. 5)
Federal employee performing any function
DEAR MR. CHAIRMAN: The following actions
or duty under this Act shall have a direct
A supervisory mining engineer has owned
have been taken to resolve the issues raised
or indirect financial interest in underground
stock since 1968 in seven mining com-
by the GAO report of March 3, 1975, on the
or surface coal mining operations, except
panies (four operating in the United States
Effectiveness of the Financial Disclosure
that en employee may own a total of not
and three in foreign countries)
System for Employees of the U.S. Geological
more than 100 shares of stock of companies
A supervisory petroleum engineer in New
Survey:
which have a direct or indirect interest in
Mexico has owned oil and gas interests in
On January 24, I directed the Personnel
such operations and which are listed on any
New Mexico and Texas since 1971.
Officer to inform any employee who has re-
securities exchange registered with the Se-
An Administrative geologist owned stock
ported financial holdings in oil or mining
curities and Exchange Commission pursuant
in 12 companies with oil or mining interests.
enterprises anywhere in the Nation to divest
to section 6 of the Act of June 6, 1934 (48
A supervisory petroleum engineer, empow-
themselves of these holdings within 90 days.
Stat. 885: 15 U.S.C. 78f) : Provided, That such
ered to suspend oil company operations on
All such employees have been notified.
employee shall file with the Director a writ-
leased lands if operations were not properly
By memorandum of January 27, addressed
ten statement concerning such ownership
conducted, has owned stock in Mobil Oil
to the Departmental Counselor, I requested
H 1796
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
clarification from the Solicitor on five ques-
widespread publicity resulting from a Gen-
"The Organic Act of March 3, 1879, (43
tionable areas relating to the interpretation
eral Accounting Office investigation, I con-
USC 31) which established the Geological
of the Survey's Organic Act.
sider it essential that we reaffirm the Sur-
Survey imposes the following restriction on
I issued a Survey Administrative Digest,
vey's long-standing policy of prohibiting all
Survey employees: "The Director and mem-
dated March 5, 1975, to all employees, setting
members of the Geological Survey from own-
bers of the Geological Survey shall have no
forth the provisions of the Survey's Organic
ing any interest in oil or mining enterprises
personal or private interests in the lands or
Act nd our interpretation of the Act which
or land with mineral wealth. It is equally
mineral wealth of the region under survey,
states that no Survey employee, spouse,
imperative that there not be the slightest
and shall execute no surveys or examinations
minor child, or other relative living in his
hint of our employees' having such interest.
for private parties or corporations.'
immediate household, shall own any interest
You must, therefore, review your finan-
"The Survey considers this prohibition to
in oil or mining enterprises.
cial interests to insure that they are not
be applicable to all employees and to be
I have approved 8 memorandum to be sent
now in violation of the Survey regulations
nationwide in its coverage. No Survey em-
to each employee of the Survey, requiring
cited above. Some holdings, not prohibited
ployee shall own interests in oil or mining
him or her to certify that they do not have
at the time of purchase, may have under-
enterprises. However, he is not precluded
holdings in violation of our regulations.
gone changes that now cause them to be
from ownership of stock in companies with
I have asked the Departmental Counselor
subject to the prohibitions. Upon comple-
principal interests in fields other than the
to have the Solicitor review each case that
tion of your review, you should sign the at-
mining or production of materials generally
was identified in the GAO report for a
tached certification and return it within 90
classed as mineral resources."
determination of conflict of interest.
days through your supervisor to your Divi-
In view of the Geological Survey's involve-
I am requesting authority from the Civil
sion or Office Chief. Division and Office
ment in matters related to the mineral in-
Service Commission to require employees in
Chiefs will forward all certifications to the
dustries, it is essential that we maintain our
certain key positions below the GS-13 level
Bureau Personnel Officer.
long standing policy prohibiting any member
to submit a Confidential Statement of Em-
If your spouse, minor child, or other rela-
of the Geological Survey from owning any
ployment and Financial Interest (Form
tive, resident in your household, has finan-
interest in oil or mining enterprises any-
DI-212)
clal holdings that are in conflict with the
where in the nation. Section 20.735-43 of the
We are exploring the possibility of an out-
Survey regulations, the prohibitions apply
Departmental Regulations Governing Re-
side expert or a panel of experts on conflict
equally to them. You must dispose of all
sponsibilities and Conduct of Employees
of interest to make a broad study of the
such holdings, whether held by you or by
states that: "The interest of a spouse, minor
Survey's Organic Act, responsibilities, and
them, within 90 days from the date of re-
child, or other member of an employee's im-
regulations in light of present-day concerns,
ceipt of this memorandum.
mediate household is considered to be an in-
to determine if changes in the Survey's con-
If there are mitigating circumstances that
terest of the employee."
flict of interest regulations are required.
make it difficult for you to dispose of prop-
V. E. MCKELVEY,
We will rewrite the procedures for the
erty within 90 days, you may submit a
Director.
Survey's Financial Disclosure System to pro-
request for an extension of time, citing
vide more specific guidelines and higher level
the justification.
GEOLOGICAL SURVEY,
review.
Thank you for your cooperation in this
Washington, D.C., January 27, 1975.
We are considering a system to record oral
matter.
MEMORANDUM
communications between Survey officials and
V. E. McKELVEY,
outside persons. similar to the one used by
Director.
To: Personnel Officer, Geological Survey.
Through: Assistant Director for Administra-
the Federal Energy Administration.
Copies of the documents which affected
[U.S. Department of the Interior, Geological
tion.
Survey]
From: Director, Geological Survey.
the first five actions are enclosed.
CERTIFICATE
Subject: Employee financial interests.
Additionally, the Secretary of the Interior
Continuing a policy unchanged for many
has directed an immediate, independent,
I have read the prohibitions (Survey Man-
decades, Part 370.735, Chapter 5.3, of the Geo-
Department-wide review to verify that all
ual Chapter 5, Part 370.753.3) against Geo-
logical Survey Manual states:
cases of apparent or real conflict of interest
logical Survey employees owning or obtain-
"The Organic Act of March 3, 1879, (43 USC
or violations of Organic Act restrictions have
ing interest or holdings in oil or mining
31) which established the Geological Survey
been identified and promptly corrected. This
enterprises or land with mineral wealth. I
imposes the following restriction on Survey
will include verification of the actions taken
understand that these prohibitions apply
employees: "The Director and members of
by the Survey as a result of disclosures in
to me, my spouse, minor children, and any
the Geological Survey shall have no personal
the GAO report. The Secretary has also di-
relative who may reside in my household. I
or private interests in the lands or mineral
rected that the Department's guidelines and
certify that to the best of my knowledge
wealth of the region under survey, and shall
procedures relating to conflict of interest
I am not in violation of these prohibitions.
execute no surveys or examinations for pri-
be improved and republished.
Signature.
vate parties or corporations.'
I will be pleased to discuss these matters
Named typed or printed.
"The Survey considers this prohibition to
with you at your convenience.
Branch or office.
be applicable to all employees and to be na-
Sincerely yours,
Location.
tionwide in its coverage. No Survey employee
V. E. MCKELVEY,
Date.
shall own interests in oil or mining enter-
Director.
prises. However, he is not precluded from
MARCH 7, 1975.
ownership of stock in companies with prin-
GEOLOGICAL SURVEY,
MEMORANDUM
cipal interests in fields other than the mining
Reston, Va., March 10, 1975.
To: Department counselor.
or production of materials generally classed
MEMORANDUM
From: Director.
as mineral resources."
To: All employees.
Subject: Conflict of interest.
I understand from your January 21 memo-
From: Director.
Transmitted herewith are copies of the
randum to the Assistant Director for Admin-
Subject: Conflict of interest.
handwritten notes provided to us by the
istration that in applying this policy both
Your attention is invited to the following
GAO Auditor listing the names and finan-
the Solicitor's Office and the Office of Audit
provisions of Survey Manual Chapter 5, Part
cial holdings in violation of the Organic Act
and Investigation have interpreted the Or-
370.735.3, Saturday Restrictions on Survey
or possible conflict with official duties and
ganic Act to allow for consideration of the
employees:
the reasons therefore. Listed separately are
individual's position, the extent of his hold-
"The Organic Act of March 3, 1879, (43
USC 31) which established the Geological
employees receiving retirement income or
ings, and the possibility of substantial con-
pension plans from oil companies, foreign
flict. This conforms with what appears to be
Survey, imposes the following restriction on
Survey employees: "The Director and mem-
holdings which are considered in violation
the intent of the Departmental Regulations
of the Organic Act because of our EROS Pro-
Governing Responsibilities and Conduct of
bers of the Geological Survey shall have no
personal or private interests in the lands or
gram, and those owning land with oil and
Employees (Sec. 20.735-14) which says in part
mineral rights. A separate list of consultants
that, "(a) An employee shall not: (1) Have
mineral wealth of the region under survey,
and shall execute no surveys or examina-
was also provided.
a direct or indirect financial interest that
tions for private parties or corporations.'
It is requested that each violation be re-
conflicts substantially, or appears to conflict
"The Survey considers this prohibition to
viewed individually by the Solicitor's Office
substantially, with his Government duties
for a final determination of conflict under
and responsibilities;"
be applicable to all employees and to be na-
tionwide in its coverage. No Survey em-
the provisions of the Organic Act.
Considering, however, the sensitivity (in
ployee shall own interest in oil or mining
W. A. RADLINSK',
fact and in appearance) of the Geological
enterprises. However, he is not precluded
Acting Director.
Survey's involvement in matters related to
from ownership of stock in companies with
the mineral industries, I consider it essen-
principal interest in fields other than the
GEOLOGICAL SURVEY,
tial to maintain the Survey's longstanding
mining or production of materials generally
March 5, 1975.
policy prohibiting any member of the Geo-
classed as mineral resources."
CONFLICT OF INTEREST
logical Survey from owning any interest in
Considering the sensitivity of the Geolog-
Continuing a policy unchanged for many
oil or mining enterprises anywhere in the
ical Survey's involvement in matters related
decades, Part 370.735, Chapter 5.3 of the
nation.
to the mineral industries, and the recent
Geological Survey Manual states:
Please, therefore, advise any employee
March 17, 1975
CONGRESSIONAL RECORD
1797
known to you to hold any such interest to
it would be 100 shares total in any coal
A supervisory petroleum engineer in
divest himesif (or to place It in 11 blind trust)
or energy companies.
New Mexico has owned oil and gas inter-
within a period of 90 days and to furnish you
Mr. DINGELL The gentleman is ab-
ests in New Mexico and Texas since 1971;
with It. revised statement of his financial
solutely correct on that point. It is 100
and
Interests.
Please also prepare for the next issue of
shares total for all such companies.
A petroleum engineer was receiving re-
the Amministrative Digest a reiteration of
Mr. UDALL. My third question would
tirement income from and owned stock
be that the coverage of the language is
in a major oil company.
Survey regulations governing responsibilities
and conduct of employees as renewed in-
intended to go to the coal conversion
It is this investigation and a previous
structions to all members of the Survey.
industries and to the gasification and
investigation by my subcommittee that
V. E. MCKELVEY,
liquefaction companies as well as com-
prompted me to offer this amendment.
Director.
panies which are simply mining coal; is
The CHAIRMAN. The time of the
that correct?
gentleman from Michigan (Mr. DINGELL)
GEOLOGICAL SURVEY,
Washington, D.C., January 27, 1975.
Mr. DINGELL. The gentleman is en-
has expired.
tirely correct on that point.
(By unanimous consent, Mr. DINGELL
MEMORANDUM
Mr. UDALL. With that understanding,
was allowed to proceed for 3 additional
To: Departmental Counselor.
From: Director, Geological Survey.
Mr. Chairman, I am going to support
minutes.)
the amendment.
Mr. RUPPE. Mr. Chairman, if the
Subject: Employee financial interests.
Mr. RUPPE. Mr. Chairman, will the
gentleman will yield still further, the
In response to your January 24 memoran-
dum, be assured that forms DI-212 and DI-
gentleman yield?
other question I would have would be
213 will be accessible to GAO auditors.
Mr. DINGELL. I yield to the gentle-
this:
Via the memorandum attached, I have
man from Michigan.
Is it possible that many advisory
asked that the Survey's longstanding policy
Mr. RUPPE. Mr. Chairman, I ask this
agents within the Department of Inte-
prohibiting any member from owning any
of the gentleman: First of all, what ex-
rior could have from time to time a func-
interest in oil or mining enterprises any-
actly would be defined as direct financ-
tion or duty under the legislation? What
where in the nation be maintained. In re-
viewing previous statements of this policy,
ing?
I am getting at is how far within the
the proscription in our Organic Act on which
Mr. DINGELL Interests in leases,
Department of the Interior would the
the policy is based (1.e. "The Director and
beneficial interests in stock which are
gentleman's amendment reach?
members of the Geological Survey shall have
held in trust, beneficial interests in bonds
Quite frankly, because you have the
no personal or private interests in the lands
and debts and family ownership in a min-
primary responsibility certainly covered,
or mineral wealth of the region under sur-
ing concern, interests which are of bene-
that I wonder, first of all, whether there
vey
"), and the pertinent Departmental
fit to the individual but do not neces-
may be individuals within the Depart-
regulations (Sec. 20.735-14), I find some un-
certainties that I ask you to clarify or to seek
sarily appear as a matter of record and
ment of the Interior who would have a
clarification from the Solicitor:
which do not involve necessarily direct
very indirect relationship to the acts,
1. How is the word "lands" in the Organic
ownership. It would, for example, include
who might perform from time to time
Act of be interpreted?
interests in mining firms that an oil or
some advisory or information mission
2. How is the word "indirect" in Sec.
nonenergy company may have through
under the legislation, or responsibility,
20.735-14 to be interpreted?
various means.
and whether, for that reason, it might
3. While "oll and mining enterprises,"
Mr. RUPPE. If the gentleman will yield
not be extremely embracive and perhaps
along with "mineral wealth," may be inter-
further, he indicates that under certain
unfair, to bring an individual who might
preted broadly to include water resources
and geothermal energy, do these resources
circumstances a 100-share limitation
have only a cursory contact within the
might be waived. Perhaps he could give
act, come within the gentleman's amend-
need to be specifically identified as part of
the United States mineral wealth of which
us an indication of those circumstances,
ment?
ownership is prohibited?
as indicated in his amendment, if he
Mr. DINGELL. There is always that
4. The Survey's policy states that em-
would.
possibility.
ployees are "not precluded from ownership
Mr. DINGELL. The amendment here
I would point out to my good friend
of stock in companies with principal in-
indicates that the Director could, as I
that, if such a situation arose and if
terests in fields other than the mining or
understand it, under certain circum-
there would possibly be need for relief of
production of materials generally classed as
stances permit the individual-no, I apol-
some kind, then I would suspect that the
mineral resources." How is "principal" to be
interpreted?
ogize to the gentleman. I was in error
Secretary would come forward to the
5. Are there additional fields of financial
on that point. I was in error. The Direc-
Congress for the necessary statutory
interest other than mineral wealth that
tor of the new office cannot waive this
relief.
should be prohibited areas of investment for
statutory limitation. Only Congress can
I might point out to the gentleman
specific groups of our employees-certain
do that by another law.
that the 1879 law currently applicable to
instrument and equipment enterprises for
Mr. RUPPE. If the gentleman will yield
the Geological Survey is applicable to
employees involved in procurement?
further, in other words, anyone who has
all GS employees, regardless of grade or
V. E. McKELVEY,
a 100-share interest, whether that be the
rank. Frankly, I doubt that there are
Director.
equivalent of $1,000 or $10,000 or what-
any persons in Interior who will have a
Mr. UDALL. Mr. Chairman, will the
ever it may be, anyone who has any type
function under this bill that should be
gentleman yield?
of direct or indirect interest could not
exempted from this requirement. It is
Mr. DINGELL. I yield to the gentleman
serve in the office or in any office per-
just good sense to avoid possible con-
from Arizona.
forming a function under this act?
flicts.
Mr. UDALL Mr. Chairman, I am in-
Mr.- DINGELL The gentleman is cor-
Mr. RUPPE. Do we have any conflict
clined to support this amendment, but
rect on that.
of interest laws on the books today that
I would like to get a couple or three
As I previously noted, the General Ac-
would cover the Geological Survey
things clarified, if I can, regarding its
counting Office reviewed enforcement by
situation?
intention.
the Geological Survey of an 1879 law
Mr. DINGELL There are statutes on
which is similar to the one I here pro-
the books at this time which relate to
Mr. DINGELL I will be happy to reply.
pose, and the GAO found, for example,
the Geological Survey employees, which
Mr. UDALL In the first place, I take it
on page 4 of the GAO report, that 35
unfortunately have not been properly
that the gentleman is trying to strength-
employees owned 97 securities which
enforced by the Geological Survey, as I
en the conflict-of-interest laws and not
either violated the 1879 law of the De-
have pointed out in the GAO audit, which
trying to weaken or amend or change
partment of the Interior or which rep-
is highly critical of the gross disregard
existing laws against conflict of interest
resented potential conflicts.
by the Geological Survey of this law.
on the part of Federal employees?
Then on the following page, on page 5,
Part of this lack of enforcement is the
Mr. DINGELL The gentleman is ab-
some further examples of serious ques-
lack of any penalty for nonobservance
solutely correct in that statement. I want
tions of conflict of interest are cited,
of the law.
to insure that they can and will be en-
such as:
Mr. RUPPE. I thank the gentleman.
forced, without being unduly harsh.
A supervisory mining engineer has
The CHAIRMAN. The question is on
Mr. UDALL. Second, the reference to
owned stock since 1968 in seven mining
the amendment offered by the gentleman
100 shares of stock seems to suggest that
companies;
from Michigan (Mr. DINGELL).
H 1798
CONGRESSIONAL RECORD HOUSE
March 17, 1975
The amendment was agreed to.
sion, or department subsequent to the en-
AMENDMENT OFFERED BY MR. MAEZOLI
actment of this title and which school of
AMENDMENTS OFFERED BY MR. BONCALIO
Mr. MAZZOLI. Mr. Chairman, I offer
mines, or division or department shall have
Mr. RONCALIO. Mr. Chairman, I offer
been in existence for at least two years. The
an amendment.
an amendment.
Advisory Committee on Mining and Minerals
The Clerk read as follows:
The Clerk read as follows:
Resources Research as created by this title
Amendment offered by Mr. MAZZOLI: Page
shall determine a college or university to have
181, line 9, change the word "five" to "four".
mendment offered by Mr. RONCALIO: Page
line 18, insert before the word "condi-
an eligible school of mines, or division, or
department conducting a program of sub-
(Mr. MAZZOLI asked and was given
tions" the following "and agriculture".
stantial instruction and research in mining
permission to revise and extend his re-
(Mr. RONCALIO asked and was given
or minerals extraction wherein education and
marks.)
permission to revise and extend his re-
research in the minerals engineering fields
Mr. MAZZOLI. Mr. Chairman, my
are being carried out and wherein at least
marks.)
amendment is a very simple amendment.
five fulltime permanent faculty members are
Mr. RONCALIO. Mr. Chairman, I have
I had earlier decided, and I have, of
employed: Provided, That-
two similar amendments that do exactly
(1) such moneys when appropriated shall
course, changed that decision now, to
the same thing. merely insert the word
be made available to match, on a dollar-for-
submit a more extensive amendment
"agriculture," and I would ask unani-
dollar basis, non-Federal funds which shall
changing the criteria by which the
mous consent that all three of the
be at least equal to the Federal share to sup-
schools and institutions would be allowed
amendments may be considered en bloc.
port the institute;
to qualify for money for coal and mining
The CHAIRMAN. The Clerk will re-
(2) if there is more than one such eligible
research.
port the remaining amendments.
college or university in a State, funds under
But, after some conversations I have
this title shall, in the absence of a designa-
The Clerk read as follows:
had, I have decided to make only one
tion to the contrary by act of the legislature
Amendments offered by Mr. RONCALIO: Page
of the State, be paid to one such college or
simple change, I would change the word
175, line 13, strike after the word "provided"
university designated by the Governor of
"five" to "four", meaning that now
the following: "and strike a balance between
the State; and
schools would be qualified to apply for
of the environment" and insert in lieu there-
(3) where a State does not have a public
the money providing for mining research
of the following: "while protecting the en-
college or university with an eligible school
if they had four full-time faculty mem-
vironment and agricultural productivity,".
of mines, or division, or department conduct-
bers. Otherwise section 301 remains ex-
Page 197, line 5, strike after the word "wild-
ing a program of substantial instruction and
actly the same.
life" the following: "and".
research in mining or minerals extraction,
Page 197, line 6, insert after the word "re-
Mrs. MINK. Mr. Chairman, will the
said advisory committees may allocate the
sources," the following: "and agricultural
State's allotment to one private college or
gentleman yield?
productivity".
university which it determines to have an
Mr. MAZZOLI. I yield to the gentle-
The CHAIRMAN. Is there objection to
eligible school of mines, or division, or de-
woman from Hawaii.
the request of the gentleman from Wyo-
partment as provided herein.
Mrs. MINK. I thank the gentleman for
ming?
(b) It shall be the duty of each such in-
yielding.
stitute to plan and conduct and/or arrange
I should like to agree with the amend-
There was no objection.
for a component or components of the col-
ment. There was no intent on the part
Mr. RONCALIO. Mr. Chairman, all
lege university with which it is affiliated to
of the committee to discriminate against
that these amendments do, I would like
conduct competent research, investigations,
an institution that did have a progam of
to say to my colleagues, is add the word
demonstrations, and experiments of either a
basic or practical nature, or both, in rela-
substantial instruction if they have only
"agriculture" or the words "agricultural
tion to mining and mineral resources and to
four faculty members, so I have no ob-
productivity" to the general goals of the
legislation so as to protect that partic-
provide for the training of mineral engineers
jection to this change. I accept the
and scientists through such research, in-
amendment.
ular segment of our society.
Mr. UDALL Mr. Chairman, will the
vestigations, demonstrations, and experi-
Mr. MAZZOLI. I thank the gentle-
ments, and training may include, without
gentleman yield?
woman.
being limited to exploration; extraction;
Mr. RONCALIO. I am happy to yield
processing; development; production of
I should like to indicate that the Uni-
to the gentleman from Arizona.
mineral resources mining and mineral tech-
versity of Kentucky, which has had since
Mr. UDALL Mr. Chairman, the pro-
nology; supply and demand for minerals;
1901 a program of education in mining
posed amendments certainly improve the
conservation and best use of available sup-
and coal research, would under the pres-
bill, and I am agreeable to them.
plies of minerals; the economic, legal, social,
ent terms of the law not be qualified to
Mr. RONCALIO. Mr. Chairman, I am
engineering, recreational, biological, geo-
even apply. My change does not, of
grateful to the gentleman from Arizona.
graphic, ecological, and other aspects of min-
course, guarantee UK or any other school
I yield back the balance of my time.
ing, mineral resources, and mineral reclama-
any more of the research money. It
tion, having due regard to the interrelation
The CHAIRMAN. The question is on
on the natural environment, the varying
simply puts them into the pot enabling
the amendments offered by the gentle-
conditions and needs of the respective States,
UK to make an application and, of
man from Wyoming (Mr. RONCALIO).
to mining and mineral resources research
course, on a matching dollar-for-dollar
The amendments were agreed to.
projects being conducted by agencies of the
basis.
Federal and State governments. and other,
The CHAIRMAN. Are there any fur-
I would like to extend further remarks
and to avoid any undue displacement of
ther amendments to title II? If not, the
with the gentlewoman from Hawaii. As
mineral engineers and scientists elsewhere
Clerk will read.
I understand the University of Ken-
engaged in mining and mineral resources
The Clerk read as follows:
tucky's particular situation, in the De-
research.
TITLE III-STATE MINING AND MINERAL
partment of Civil Engineering. which is
RESOURCES AND RESEARCH INSTI-
Mr. UDALL (during the reading). Mr.
part of the College of Engineering of
TUTE
Chairman, I ask unanimous consent that
the University of Kentucky, they have
further reading of title III be dispensed
AUTHORIZATION OF STATE ALLOTMENTS TO
had for many years a program of mining
INSTITUTES
with, that it be considered as read, and
research and engineering with four full-
SEC. 301. (a) There are authorized to be ap-
open to amendment at any point.
time faculty members.
propriated to the Secretary of the Interior
The CHAIRMAN. Is there objection to
Would the gentlewoman's feeling be
sums adequate to provide for each partici-
the request of the gentleman from Ari-
that a department of civil engineering in
pating State $200,000 for fiscal year 1975,
zona?
a college of engineering wherein there
$300,000 for fiscal year 1976, and $400,000 for
Mr. SYMMS. Mr. Chairman, I object.
were four full-time persons involved in
each fiscal year thereafter for five years, to
The CHAIRMAN. Objection is heard.
assist the States in carrying on the work of
teaching mining, would qualify under the
a competent and qualified mining and min-
The Clerk continued reading title III.
terms of the criteria of section 301?
eral resources research institute, or center
Mr. UDALL (during the reading). Mr.
Mrs. MINK. If the gentleman will
(hereinafter referred to as "institute") at
Chairman, I ask unanimous consent that
yield further, I would respond to the
one public college or university in the State,
section 301 be considered as read and
gentleman's inquiry, yes, very definitely.
which has in existence at the time of enact-
open to amendment at any point.
It would meet the criteria of a program
ment of this title a school of mines, or di-
The CHAIRMAN. Is there objection to
of substantial instruction.
vision, or department conducting a program
of substantial instruction and research in
the request of the gentleman from Ari-
When the bill was originally drafted,
mining or minerals extraction or which es-
zona?
it specified a school of mines, and the
tablishes such a school of mines, or divi-
There was no objection.
committee members felt that that was
March 17, 1975
CONGRESSIONAL RECORD-HOUSE
H 1799
too restrictive. Many colleges did not call
Mr. RUPPE. Mr. Chairman, I move
Amendment offered by Mrs. FENWICK:
their programs by that name, 50 we
to strike the last word.
Page 180, line 9 through page 193, line 5,
Mr. Chairman, I would be happy to
strike title III in its entirety.
specifically wrote in. a division or depart-
ment offering a program of substantial
have the language of the bill stand on its
(Mrs. FENWICK asked and was given
instruction, with the proviso that the Ad-
own feet later on, but if there is any
permission to revise and extend her
visory Council would make the deter-
question later as to the meaning of the
remarks.)
mination based upon the evidence. So
language in the bill or the meaning of
Mrs. FENWICK. Mr. Chairman, the
my answer would be in the affirmative.
the colloquy on the floor, I would say it
purpose of title III of this bill is most
Mr. RUPPE. Mr. Chairman, will the
is my personal opinion that the language
laudable and I think nearly everyone in
gentleman yield?
in the bill does not provide financial as-
this Chamber supports its goals. Certain-
Mr. MAZZOLI. I yield to the gentle-
sistance to every civil engineering school
ly I do. We all want to be sure that the
man from Michigan.
in the United States.
United States has an adequate research
Mr. RUPPE. I thank the gentleman for
I want this to be completely and ab-
base, the technological capability, and
yielding.
solutely understood as my own personal
qualified manpower to avoid crises of
I should like to ask the gentlewoman
opinion, because I would like to have the
energy supply, such as we experienced in
who just spoke if we include approved
Members listen to the language on page
1973. We do, indeed, need to build up a
schools of civil engineering, we get the
181 where it states:
qualified human resource of educated
record straight. On that subject every
The Advisory Committee on Mining and
scientists and engineers. With a $23 bil-
engineering school in the country gets a
Minerals Resources Research as created by
lion deficit in 1974 from our imports of
part of the action, then. Every school
this title shall determine a college or uni-
minerals and mineral fuels, it is im-
that deals with science has some sort
versity to have an eligible school of mines,
or division, or department conducting a pro-
perative that we act to end our depend-
of civil engineering department. It is the
gram of substantial instruction and re-
ence on foreign sources of energy.
most common engineering course of study
search in mining or minerals extraction
Although these goals are laudable, I
in the country. So the language, then, of
wherein education and research in min-
question the wisdom of adding still
the title which, in my opinion, restricts
erals engineering fields are being carried
another agency to those which are al-
those institutions to those having a
out
ready engaged in the same work in the
school of mines. or division, or depart-
So I might say there is only a certain
same field.
ment conducting a program of substan-
amount of latitude given to that Advis-
Sections 301, 302, and 306 authorize a
tial instruction and research in mining
ory Committee. If we are to say that
total of $23 million in fiscal year 1975
or minerals extraction is vacated.
every engineering school in the country
for the State mining and mineral re-
Mr. MAZZOLI. Mr. Chairman, the gen-
that has a large program in metals or
sources research institutes. This level
tleman is on my time and I would like
engineering or mining would fill the re-
is increased to $28.5 million in fiscal year
to answer. We still have the Advisory
quirement, then we would be simply writ-
1976 and climbs quickly to $42 milion
Committee on Mining and Minerals Re-
ing language into the bill on the floor
by 1981. This is a tota authorization of
sources Research which still has to make
today that would give the Advisory Com-
$241.5 million just for the research
the final adjudication as to whether or
mittee no course whatsoever but in effect
institutes.
not UK or any other school does have a
to give certification to every civil engi-
I do not believe that this is wise or
substantial program. So. whether or not
neering school in the United States. In
necessary. There is already Federal
the applicant is a grab bag or an engi-
my opinion that was not the desire of
funding for the support of mineral engi-
neering school which is genuinely quali-
the Committee on the Interior at the
neering. The National Science Founda-
fled is a determination that the Advisory
time we undertook this legislation.
tion annually offers $10 million for grad-
Committee on Mining and Mineral Re-
sources Research must make.
Mrs. MINK. Mr. Chairman, will the
uate fellowships in mineral engineering.
gentleman yield?
Those interested need only apply. No
Mr. DENT. Mr. Chairman, will the
Mr. RUPPE. I yield to the gentle-
one has applied this year.
gentleman yield?
woman from Hawaii.
The National Science Foundation also
Mr. MAZZOLI. I yield to the gentle-
man from Pennsylvania.
Mrs. MINK Mr. Chairman, it certainly
has an energy-related graduate trainee-
is not my intention to make it possible
ship program-the program had 172
Mr. DENT. Mr. Chairman, I concur
for every school of civil engineering to
trainees in 1974-funded at $2 million
in the gentleman's remarks and I en-
qualify under this language. In response
annually. The trainees conduct research
dorse the amendment because I think
there are many schools that have long-
to the inquiry of the gentleman from
at universities and institutes, with Fed-
standing programs in this particular field
Kentucky I simply said a college of en-
eral support.
and also the gentlewoman has said this
gineering designated as such would have
The Department of Health, Education,
is broadening the base.
to have a program of substantial in-
and Welfare also has a graduate fellow-
Mr. MAZZOLI. I deeply appreciate the
struction in mining and minerals and
ship program in domestic mining to the
engineering. for research to be conducted
tune of $1.5 million a year.
endorsement of the gentleman from
by that college or university they could
Mining research is supported by the
Pennsylvania.
qualify, but not that just a civil engi-
Federal Government through various
Mr. BRECKINRIDGE Mr. Chairman,
neering school would be a way of meet-
agencies. The fiscal year 1976 budget for
will the gentleman yield?
ing that qualification. They would still
the Bureau of Mines, for example, is $40
Mr. MAZZOLI I yield to the gentle-
million. Last year's ERDA budget was
man from Kentucky (Mr. BRECKINRIDGE).
have to demonstrate a substantial in-
(Mr. BRECKINRIDGE asked and was
structional course.
$387 million and this year it will be $311
given permission to revise and extend
The gentleman's point for having this
million, according to the figures we have
his remarks.)
criteria changed was because they have
been given. Neary $283 million of the
only four faculty members engaged in
ERDA budget will go for coal liquefica-
Mr. BRECKINRIDGE Mr. Chairman,
I thank the gentleman for offering his
substantial instruction in this field and
tion and gasification and advanced re-
amendment and I join with him in it and
it was in that context that I accepted
search and demonstration projects. Why
associate myself with his remarks.
his amendment. Instead of five there will
do we need an additional $35 million
be four full-time faculty, but this in no
under section 713(c) of this bill for the
Mr. MAZZOLI. Mr. Chairman, I thank
way is diminishing the requirement for
same thing?
the gentleman from Kentucky.
Mr. Chairman, I would like to conclude
substantial instruction in mining and re-
We should note that the private sector
search.
is investing $80 million a year on mining
my remarks by saying that the State
of Kentucky, for good or for bad, is the
The CHAIRMAN. The question is on
research also.
Nation's No. 1 coal producer and it seems
the amendment offered by the gentle-
Mr. Chairman, I do not contend that
to me it would be the irony of ironies
man from Kentucky (Mr. MAZZOLI).
we do not need a greater effort in our
if the State University of the No. 1 coal-
The amendment was agreed to.
mining technology capability. I agree
with the proponents of title III on this
producing State of the Union could not
AMENDMENT OFFERED BY MRS. FENWICK
count.
qualify for this money. I urge all mem-
Mrs. FENWICK Mr. Chairman, I offer
I do not believe, however, that an elab-
bers of the committee to vote for the
an amendment.
orate system of federally funded research
amendment. It does substantial equity.
The Clerk read as follows:
institutes and a multimillion research
H 1800
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
and development program on alternate
search, about the necessity to do into
Mrs. FENWICK. The point I am trying
coal mining technology is necessary.
deep mining, and to find the technology
to make is not that we do not need
Neither do I think that we can continue
to bring out this coal for the benefit of
money. The point is that if we have the
to go against the principles enunciated in
this country instead of stripping the sur-
Bureau of Mines doing coal mining
every single study of Congress and the
face of the Earth. We should accept this
technology, I think it would be wiser to
Government We cannot have a new
title, which is a very modest step for-
put whatever money we need and insist
each one with some little part in
ward.
that it be used to develop those fields by
doing research in the same field.
Mr. McKAY. Mr. Chairman, will the
the Bureau of Mines, which have not
Now, I know that the legislation clearly
gentlewoman yield?
been developed. instead of having one
says that this is not to overlap, that they
Mrs. MINK. Mr. Chairman, I yield to
group doing some technology and two
are to undertake only research that is
the gentleman from Utah.
other groups doing other parts. That is
not being done elsewhere; but I would ask
Mr. McKAY. Mr. Chairman, the gen-
what I am arguing for.
this House, with the Bureau of Mines
tlewoman is absolutely correct. In testi-
Mr. MYERS of Pennsylvania. Mr.
having $46,200,000 in the 1974 budget for
mony before the Appropriations Interior
Chairman, will the gentlewoman yield?
improved coal mining technology, why
Committee last year, it was noted that
Mrs. FENWICK I yield to the gentle-
not add to that budget, if necessary, and
we were putting out about one-fifth of
man from Pennsylvania.
have one coordinated place which is doing
the metallurgical engineers this country
Mr. MYERS of Pennsylvania. Mr.
coal mining technology in all its aspects,
needed. We are turning out thousands of
Chairman, I would like to ask the gentle-
instead of having another agency to dis-
civil engineers, but metallurgical engi-
woman from Hawaii whether the com-
burse to another $40 million fund.
neers who know about mining and min-
mittee has considered the fact that
This is the problem that we have con-
ing problems at a time when we need to
other committees in this House are ac-
stantly. If the National Science Founda-
be concerned about our environment as
celerating or have accelerated the rates
tion is already funding institutes to train
well as energy. we are not turning them
of expenditures in this field of subsidiz-
research scientists and engineers, why
out.
ing engineering and technical schools.
not add to that, SO that we have one dis-
To assume that students will normally
Did the gentlewoman get the figures from
pensing place for all this research and
go where there is need does not always
these other committees?
work. This is what I think is a bad move,
occur, and they are not doing it. The
Mrs. MINK. Which rates?
much as I support this bill and believe
graduate schools are having to go out
Mr. MYERS of Pennsylvania. The
in working for it.
and bid and entice people to come to
rates at which we are accelerating the
Mrs. MINK. Mr. Chairman, I rise in
these schools, to go into these fields.
funding for these expansions of the edu-
opposition to the amendment.
There are only about 13 metallurgical
cational programs in other House com-
Mr. Chairman, the committee report,
schools in this country worthy of the
mittees.
beginning on page 81, for Members who
name. To expand beyond that, I think,
Mrs. MINK. My knowledge is that
are interested, makes a very strong argu-
would be excessive. In fact, if we go one
there is no current funding whatsoever.
ment for the establishment of these min-
per State is beyond what is really needed
We have a letter here, which we have
eral institutes. We have a very. very seri-
to be done, but we need to put something
received this morning from the Deputy
ous deficiency in our total minerals in-
into those schools for our need now.
Assistant Administrator for Energy Re-
struction program in this country.
Mrs. FENWICK. Mr. Chairman, will
search, and he writes that there is no
the gentlewoman yield?
Much of this difficulty stems from the
mining research funds in fiscal year 1976,
Mrs. MINK. I yield to the gentle-
inability of our schools and institutions
none requested for fiscal year 1975, and
woman from New Jersey.
to produce the technicians and the engi-
none requested for the 1976 budget. So
Mrs. FENWICK Mr. Chairman, I think
neers and the scientists necessary for
we are not talking about any major
I have perhaps not stated my case very
this program. Our country embarked in a
efforts being made by a new agency in
clearly. I do not object to the fact that
major thrust in the scientific area with
this one area which is so critical. It
we do need metallurgical and other min-
the challenge of Sputnik, and we put in
seems to me that if we are going to
ing engineers; it is the establishment of
billions of dollars in the training of sci-
really turn to coal, as everybody is say-
another agency, in addition to the ERDA,
entists in that area of endeavor, forget-
ing, this is the way we must go. We are
in addition to the National Science
ting the problems with regard to energy
going to need the trained personnel and
Foundation, and in addition to the Bu-
and the energy shortages which we are
the skills required to do this job.
reau of Mines.
going to experience in this decade.
Mr. MYERS of Pennsylvania. In other
Mrs. MINK. Mr. Chairman, in response
It seems to me that if we are going to
words, the gentlewoman is saying that
to the gentlewoman's criticism, if, in fact,
pay attention to what this country is
her committee completely ignored any
our commission to the National Science
other funds from any other sources?
now so prominently concerned with,
Foundation and all these other agencies
which is the energy deficiency, we have
Mrs. MINK. No.
in the past had been in fact followed,
got to make sure that we have on board
we would not be in this predicament to-
Mr. MYERS of Pennsylvania. If there
in private industry and in Government
day, without the trained personnel to
are funds to be authorized and appro-
and in our research centers an adequate
meet this crisis. They should have been
priated from other sources, should they
number of trained scientists, engineers,
able to fulfill the needs of this country
offset any authority to spend through
and technicians. This is the major thrust
and this decade and provide the train-
this bill?
of title III.
ing funds necessary to take care of this;
Mrs. MINK. No, I am not saying that
We have research funds in title III be-
but they have failed miserably.
we ignored the other areas. We are quite
cause this is the way we attract students
The vice president of Consolidated
cognizant of the fact that now we finally
to these institutes, to these colleges. We
Coal projected that next year he needed
realize we are in an energy predicament.
are only going to be able to get these
1,075 engineering experts in his one com-
Everybody is trying to come up with a
kinds of students into these programs if
pany alone, and there were only 300 grad-
program overnight, and so we very care-
they have some research to undertake.
uates throughout the whole country.
fully wrote in title III that, in spending
We were quite aware of the problem of
Mrs. FENWICK. I understand that,
these funds for research that are being
duplicating and have specifically cau-
but we have $46 million for coal mining
given to the institutions, very careful
tioned against it four or five times in the
technology in ERDA alone and $10 mil-
attention be paid to avoid duplication
bill. We are directing the colleges, di-
lion for scholarships in NSF. Why not
of research activities by other agencies
recting the Secretary of the Interior, to
add to that?
of Government.
make amply sure that these funds are
Mr. MYERS of Pennsylvania. Mr.
If the gentleman will yield further,
not used to duplicate ongoing programs
Chairman, I move to strike the last
research funds are essential if the con-
that are going to be undertaken by other
word.
cept of the institutions is going to
departments of Government, by other
(Mr. MYERS of Pennsylvania asked
succeed.
agencies, and by private industry.
and was given permission to revise and
Mr. MYERS of Pennsylvania. The
These funds are being very, very care-
extend his remarks.)
point which the gentlewoman from New
fully directed into the universities. We
Mr. MYERS of Pennsylvania. Mr.
Jersey (Mrs. FENWICK) is making is that
have been extremely modest in this coun-
Chairman, I yield to the gentlewoman
we somehow in this Congress have to be
try in doing something about coal re-
from New Jersey.
able to centralize the authority and the
March 17, 1975
CONGRESSIONAL RECORD HOUSE
1801
knowledge of what is being spent. That
Mrs. FENWICK. Mr. Chairman, will
bill comes out on the floor and ignores
is the point, the point of reducing the
the gentleman yield?
what we have been authorizing in the
number of distribution points through
Mr. UDALL. Yes; I yield to the gentle-
Committee on Science and Technology
the Federal budget to eliminate the con-
woman from New Jersey.
for these same purposes. I have been
dition which exists more often than not
Mrs. FENWICK. Mr. Chairman, in
trying to pay attention in that commit-
in this body of not knowing what is
many respects the gentleman is abso-
tee as to where we are committing large
being pent in total by the Federal Gov-
lutely right. We have been speaking of
sums and I know we have committed
ernment. I think this is a clear example
the considerable research that needs to
many millions of dollars for these same
right here of the problem, when the
be done when in fact the issue was money
purposes.
committee comes out with a bill and
for the Institutes.
Mr. RUPPE. Mr. Chairman, I move to
makes a statement from the report that
If the gentleman will remember per-
strike the requisite number of words.
no funds are being spent under any
haps, I spoke earlier of the fact that
Mr. Chairman, I have the greatest ad-
other committee. when, in fact. there
there is $10 million of scholarships for
miration for the author of this amend-
are millions of dollars being spent for
students in the field of one program of
ment, and I believe there is no Member
the same purpose by other House com-
the National Science Foundation alone.
on the floor today or last Friday who
mittees.
Now that I have my papers, I see here
followed the legislation more closely or
I am asking the gentlewoman now if
that the National Science Foundation
more carefully than she did.
there is an indication that she will sup-
offers $10 million in national fellowships
Unfortunately, this particular instance
port an administration rescission bill re-
in mineral engineering. One only has to
I do have to oppose the amendment she
scinding funds when duplication of ex-
apply, and not one person applied.
has offered.
penditures with other committees' ef-
They also have a graduate program
I think the facts really speak for them-
forts?
with 172 trainees.
selves, regardless of the moneys available
Hearing no response. I will yield to
Let us be sure that the National
for the National Science Foundation and
the gentleman from Arizona.
Science Foundation provides the money
regardless of whether they have or have
Mr. STEIGER of Arizona. Mr. Chair-
not just for the graduate students, but
not tried to funnel these moneys into the
man, I thank the gentleman for yielding.
for all students. That is how we would
mineral institutions of our country. The
I would like to explain to the gentle-
get this done if we are going to hand
fact remains that we are turning out
woman from New Jersey the real pur-
out the money.
fewer and fewer mining and metal-
pose of this section of the bill. The pur-
Mr. UDALL. Mr. Chairman, we are
lurgical graduates. The fact remains
pose of this section in the bill is what we
trying to accelerate the education of
that the number of schools offering
call a "goodie." That is a term of legis-
these new engineers we need, and we do
courses in these various areas and spe-
lative art. This bill is so bad that it will
not do much in that respect, after all.
cialties has declined rapidly through the
need a lot of these goodies in order to
For instance, if the Nevada School of
years, and it is absolutely necessary. if
attract support of those of us whose
Mines is trying to get some money for
we are going to double the production of
districts are affected.
scholarships, this bill provides the funds
coal in the next 10 years, if we are going
I hope the gentlewoman will view the
for the training of engineers and fills
to make ourselves independent of foreign
whole bill with the same critical air as
that need.
sources of supply of other minerals, not
she did this section. I wish the gentle-
Mrs. FENWICK. Mr. Chairman, in ad-
only coal, but copper and iron ore, that
woman would do that for the rest of
dition, the Department of Health, Edu-
we simply have to have the graduates
the bill.
cation, and Welfare also has a million
and the attendent research effort.
I thank the gentleman for yielding.
dollars and a half.
We have to produce the mining grad-
Mr. UDALL. Mr. Chairman, I move to
All I am saying is that maybe the
uates and encourage young men to un-
strike the last word.
money can be properly used. All I am
dertake that type of education. We have
The gentlewoman from New Jersey
saying is that it should be centralized
to develop a broader outlook within our
(Mrs. FENWICK) is sincere, and she is
so that there is one group that decides
universities, and this will require larger
right. There ought to be centralized co-
what the appropriate course is or what
graduate student enrollments.
ordination of research. We ought to
the curriculum should be. One group
In terms of focusing on graduates and
avoid duplication.
should decide the qualifications of stu-
focusing on production and bringing into
However, I think she misses the essen-
dents.
being new mining technologies we are
tial thrust of this bill. They do not have
Mr. UDALL. Mr. Chairman, this title
behind the times.
a student body at ERDA: they do not
is geared to the idea that this be turned
For all of these reasons, I think we
have a student body at the National
loose to a large number of our universi-
need a vastly strengthened effort within
Science Foundation The whole point of
ties and that we give them the money to
our mining institutions and mining
this title is to start cranking out some
establish broad-based engineering cur-
schools.
mining and metallurgical graduates and
riculums and staffs so we can produce
I think the legislation we have brought
develop new technologies at our univers-
the engineers and do a lot of valuable
out of the committee is absolutely es-
ities so we will have the mining and
research in the process.
sential if we are to reach these goals.
mineral processing capability to do what
Mr. MYERS of Pennsylvania. Mr.
Mr. WYDLER. Mr. Chairman, will the
we need to do in the field of research
Chairman, will the gentleman yield?
gentleman yield?
and development.
Mr. UDALL. I yield to the gentleman
Mr. RUPPE. I will yield to the gentle-
The Director of the Bureau of Mines
from Pennsylvania.
man from New York.
says this Nation is now graduating some-
Mr. MYERS of Pennsylvania. Mr.
Mr. WYDLER. Mr. Chairman, what I
thing like 300 undergraduates a year in
Chairman, I would like to ask a question.
do not understand is this: Does the
mining engineering, and that the need
If this bill takes care of training suffi-
gentleman have any facts to indicate
in this country is four or five times that
cient engineers and technological peo-
that there was anyone who wanted to
many.
ple, is the gentleman telling me that
be a mining engineer and study mining
So, Mr. Chairman, when we talk about
when the Committee on Science and
engineering last year who did not do so
duplication in a research program, we
Technology considers a bill authorizing
because there was not available the serv-
must realize we have got to have gradu-
funds for these purposes it should be
ices of something such as will be supplied
ate engineers to man that research proj-
voted against because we have already
by this institute that is now being
ect. whether it is in ERDA or whether
authorized sufficient funds?
created?
it is in the National Science Foundation.
Mr. UDALL. Mr. Chairman, I am not
Mr. RUPPE. I would only say that the
This amendment has very broad sup-
familiar with the details of that program,
number of schools offering mining de-
port from universities all across this
but I would not take it into account. If
grees has very sharply dropped in the last
country. These universities want to beef
we take into account what other Insti-
years. It has inevitably led to a reduced
up their courses to produce engineering
tutes are doing, yes, perhaps the gentle-
number of students that can be provided
students, and it has nothing to do with
man should vote against it.
with mining degrees.
the fact there might be duplication of
Mr. MYERS of Pennsylvania. Mr.
I think also that the fact that there
research projects in other agencies.
Chairman, what suprises me, is that this
has not been research provided within
1802
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
the various schools has discouraged not
sey (Mrs. FENWICK), in that we are not
being pursued, and the extent to which it
only undergraduates but graduate stu-
opposed to the infusion of money to edu-
will provide opportunity for the training of
dents who would be furthering their ed-
cate people. What I am concerned about
mining and mineral engineers and scientists,
and the extent of participation by nongov-
ucation in the mining area. If the schools
is the fact that I think the Committee on
ernmental sources in the project.
are not there, if the graduate research is
Interior has ignored the fact that some-
(c) The Secretary shall insofar as it is
not available, certainly that is a very dis-
body else might be attacking this same
practicable, utilize the facilities of institutes
couraging factor when it comes to the
problem. What we have to do is go into
designated in section 301 of this title to per-
young men of this country making up
the fact that Congress has ignored the
form such special research, authorized by this
their minds as to where to go in the ad-
problem in the past, and now we all want
section, and shall select the institutes for
vancement of their future careers.
to get a piece of the pie. I think the con-
the performance of such special research on
Mr. WYDLER. If the gentleman will
cern has to be that we do not over react,
the basis of the qualifications without regard
to race or sex of the personnel who will con-
yield further, it is likely to be the fact
that we do not have several committees
duct and direct it, and on the basis of the
that as the country continues to develop
throwing in several millions of dollars
facilities available in relation to the par-
its energy resources and starts to put
and duplicating the effort.
ticular needs of the research project, spe-
more emphasis into energy development,
I would like to see a commitment from
cial geographic, geologic, or climatic condi-
this field will open up, and people will
the committee that if there is duplica-
tions within the immediate vicinity of the
want to become mining engineers. They
tion proved and the administration
institute in relation to any special require-
will see it as a good, growing profession,
comes back and says that these funds
ments of the research project, and the extent
are no longer needed, they, in fact, will
to which it will provide opportunity for train-
and they will seek to get into it, I think,
ing individuals as mineral engineers and sci-
if we allow the law of supply and demand
support a rescission. However, I have not
entists. The Secretary may designate and
to operate in the educational field. Then
seen anything in the past action in this
utilize such portions of the funds authorized
I think we would find that the number
body that convinces me that once funds
to be appropriated by this section as he
of people going into mining engineering
are appropriated or authorized, anybody
deems appropriate for the purpose of pro-
would probably increase, with or without
is willing to stand up with enough guts
viding scholarships, graduate fellowships,
the institute.
to say that we will not spend the money
and postdoctoral fellowships.
Mr. RUPPE. I think the number of
because it is no longer needed.
(d) No grant shall be made under subsec-
students will increase, but I think we
Mr. RUPPE. The gentleman did men-
tion (a) of this section except for a project
approved by the Secretary of the Interior
have to recognize that in the area of coal
tion a rescission bill. If at any time I
and all grants shall be made upon the basis
production alone, we have ignored the
felt that another type of program or an-
of merit of the project, the need for the
field, and perhaps we have actually dis-
other effort would do the job, I would
knowledge which it is expected to produce
couraged and brought about a reduction
certainly support a rescission bill. I am
when completed, and the opportunity it pro-
in the amount of coal production in re-
not tied to this type of financing, but I
vides for the training of individuals as min-
cent years. I think I am correct in say-
do know and realize what has been going
eral engineers and scientists.
ing that certainly there has been on the
on in the past with respect to enroll-
(e) No portion of any grant under this
part of many young people a feeling
ments. The drive has to be undertaken,
section shall be applied to the acquisition
that the mining industry has no future,
and I think it is very laudable that the
by purchase or lease of any land or interests
therein or the rental, purchase, construction,
a feeling on the part of many young
Committee on Interior took up the
preservation, or repair of any building.
people that somehow the mining industry
cudgel.
FUNDING CRITERIA
is very bad and is a poor industry for
The CHAIRMAN. The time of the gen-
tleman has expired.
SEC. 303. (a) Sums available to institutes
a career.
under the terms of sections 301 and 302 of
For all of these reasons and because
The question is on the amendment
this title shall be paid at such times and in
of public and governmental neglect of
offered by the gentlewoman from New
such amounts during each fiscal year as de-
the industry, I do think that they need
Jersey (Mrs. FENWICK).
termined by the Secretary, and upon vouch-
an extra amount of support now that
The question was taken; and on a
ers approved by him. Each institute shall set
would not have been necessary had that
division (demanded by Mr. FRENZEL)
forth its plan to provide for the training of
industry been permitted and encour-
there were-ayes 18; noes 52.
individuals as mineral engineers and scien-
aged to grow in the past decade or two.
So the amendment was rejected.
tists under a curriculum appropriate to the
Mr. SYMMS. Mr. Chairman, will the
The CHAIRMAN. Are there further
field of mineral resources and mineral engi-
neering and related fields; set forth policies
gentleman yield?
amendments to section 301? If not, the
and procedures which assure that Federal
Mr. RUPPE. I yield to the gentleman
Clerk will read.
funds made available under this title for
from Idaho.
The Clerk read as follows:
any fiscal year will supplement and, to the
(Mr. SYMMS asked and was given
RESEARCH FUNDS TO INSTITUTES
extent practicable increase the level of funds
permission to revise and extend his
that would, in the absence of such Federal
SEC. 302. (a) There is authorized to be ap-
remarks.)
propriated annually for seven years to the
funds, be made available for purposes of this
Mr. SYMMS. Mr. Chairman, at a time
Secretary of the Interior the sum of $15.-
title, and in no case supplant such funds;
when we are facing a worldwide scarcity
000,000 in fiscal year 1975, said sum in-
have an officer appointed by its governing
authority who shall receive and account for
of minerals it seems that this may put
creased by $2,000,000 each fiscal year there-
education moneys directly into a chan-
after for six years, which shall remain avail-
all funds paid under the provisions of this
nel where they can be available to the
able until expended. Such moneys when
title and shall make an annual report to the
appropriated shall be made available to in-
Secretary on or before the first day of Sep-
people who realize the problem-namely
mining schools and the Bureau of
stitutes to meet the necessary expenses for
tember of each year, on work accomplished
purposes of
and the status of projects underway, to-
Mines.
gether with a detailed statement of the
(1) specific mineral research and demon-
I oppose this amendment because this
stration projects of industrywide applica-
amounts received under any provisions of this
may well be the only part of this bill
tion, which could not otherwise be under-
title during the preceding fiscal year, and
which may in the long run help solve
taken, including the expenses of planning
of its disbursement on schedules prescribed
the energy and mineral crisis we are in.
and coordinating regional mining and min-
by the Secretary. If any of the moneys re-
eral resources research projects by two or
ceived by the authorized receiving officer of
With 30 many creditable universities
and colleges around the country putting
more institutes, and
an institute under the provisions of this title
shall by any action or contingency be found
in courses in horoscope reading and do-
(2) research into any aspects of mining
by the Secretary to have been improperly
ing away with courses in hard science I
and mineral resources problems related to
diminished, lost, or misapplied, it shall be
the mission of the Department of the In-
would say this is a section of the bill
replaced by the State concerned and until so
terior, which may be deemed desirable and
in which I can support-even though on
replaced no subsequent appropriation shall
are not otherwise being studied.
final passage I will vote against the bill.
be allotted or paid to any institute of such
(b) Each application for a grant pursu-
State.
Mr. MYERS of Pennsylvania. Mr.
ant to subsection (a) of this section shall,
Chairman, will the gentleman yield?
(b) Moneys appropriated pursuant to this
among other things, state the nature of the
title shall be available for expenses for re-
Mr. RUPPE. I yield to the gentleman
project to be undertaken, the period during
search, investigations, experiments, and
from Pennsylvania (Mr. MYERS)
which it will be pursued, the qualifications
training conducted under authority of this
Mr. MYERS of Pennsylvania. Mr.
of the personnel who will direct and conduct
title. The institutes are hereby authorized
Chairman, I would like to say to the gen-
it, the estimated costs, the importance of
and encouraged to plan and conduct pro-
tleman that my concern is the same as
the project to the Nation, region, or State
grams under this title in cooperation with
concerned. and its relation to other known
that of the gentlewoman from New Jer-
each other and with such other agencies and
research projects theretofore pursued or
individuals as may contribute to the solu-
March 17, 1975
CONGRESSIONAL RECORD
1803
tion of the mining and mineral resources
judgment of the Secretary of the Interior,
Advisory Committee shall consult with, and
problems involved, and moneys appropriated
advance payments of initial expense are nec-
make recommendations to, the Secretary of
pursuant to this title shall be available for
essary to facilitate such work.
the Interior on all matters involving or re-
paying the necessary expenses of planning.
(d) No research, demonstration, or experi-
lating to mining and mineral resources re-
coordinating and conducting such coopera-
ment shall be carried out under this Act by
search and such determinations as provided
tive research
an institute financed by grants under this
in this title. The Secretary of the Interior
Act unless all uses, products, processes, pat-
shall consult with, and consider recommen-
DUTIES OF THE SECRETARY
ents, and other developments resulting there-
dations of, such Committee in the conduct
SEC. 304. (a) The Secretary of the Interior
from with such exception or limitation, if
of mining and mineral resources research and
is hereby charged with the responsibility for
any, as the Secretary may find necessary in
the making of any grant under this title.
the proper administration of this title and,
the public interest, be available promptly
(c) Advisory Committee members, other
after full consultation with other interested
to the general public. Nothing contained in
than officers or employees of Federal, State,
Federal agencies, shall prescribe such rules
this section shall deprive the owner of any
or local governments, shall be, for each day
and regulations as may be necessary to carry
background patent relating to any such ac-
(including traveltime) during which they
out its provisions. The Secretary shall fur-
tivities of any rights which that owner may
are performing committee business, entitled
nish such advice and assistance as will best
have under that patent. There are authorized
to receive compensation at a rate fixed by
promote the purposes of this title, partici-
to be appropriated such sums as are neces-
the Secretary, but not in excess of the maxi-
pate in coordinating research initiated un-
sary for the printing and publishing of the
mum rate of pay for grade GS-18 as provided
der this title by the institutes, indicate to
results of activities carried out by institutes
in the General Schedule under section 5332
them such lines of inquiry as to him seem
under the provisions of this Act and for ad-
of title 5 of the United States Code, and shall,
most important. and encourage and assist
ministrative planning and direction, but such
notwithstanding the limitations of sections
in the establishment and maintenance of
appropriations shall not exceed $1,000,000
5703 and 5704 of title 5 of the United States
cooperation by and between the institutes
in any fiscal year.
Code, be fully reimbursed for travel, sub-
and between them and other research or-
CENTER FOR CATALOGING
sistence, and related expenses.
ganizations, the United States Department
of the Interior. and other Federal estab-
SEC. 307. The Secretary shall establish a
Mr. UDALL (during the reading) Mr.
lishments.
center for cataloging current and projected
Chairman, I am unaware of any other
(b) On or before the 1st day of July
scientific research in all fields of mining and
proposed amendments to title III. I
in each year after the passage of this title,
mineral resources. Each Federal agency doing
would ask unanimous consent that the
the Secretary shall ascertain whether the
mining and mineral resources research shall
cooperate by providing the cataloging center
remainder of title III be considered as
requirements of section 303(a) have been
with information on work underway or
read, printed in the RECORD, and open to
met as to each institute and State.
(C) The Secretary sahll make an annual
scheduled by it. The cataloging center shall
amendment at any point.
report to the Congress of the receipts. ex-
classify and maintain for public use a catalog
The CHAIRMAN. Is there objection to
penditures, and work of the institutes in all
of mining and mineral resources research and
the request of the gentleman from Arl-
States under the provisions of this title.
investigation projects in progress or sched-
zona?
The Secretary's report shall indicate whether
uled by all Federal agencies and by such
There was no objection.
any portion of an appropriation available
non-Federal agencies of Government, col-
The CHAIRMAN. Are there further
for allotment to any State has been with-
leges, universities, private institutions, firms
held and, if so, the reasons therefor.
and individuals as may make such informa-
amendments to title III? If not, the
tion available.
Clerk will read.
AUTONOMY
The Clerk read as follows:
INTERAGENCY COOPERATION
SEC. 305. Nothing in this title shall be con-
SEC. 308. The President shall, by such
TITLE IV-ABANDONED MINE
structed to impair or modify the legal rela-
means as he deems appropriate, clarify
RECLAMATION
tionship existing between any of the coi-
agency responsibility for Federal mining and
ABANDONED COAL MINE RECLAMATION FUND
leges or universities under whose direction
an institute is established and the govern-
mineral resources research and provide for
SEC. 401. (a) There is created on the books
ment of the State in which it is located, and
interagency coordination of such research,
of the Treasury of the United States a trust
nothing in this title shall in any way be con-
including the research authorized by this
fund to be known as the Abandoned Mine
strued to authorize Federal control or di-
title. Such coordination shall include-
Reclamation Fund (hereinafter referred to
rection of education at any college or uni-
(a) continuing review of the adequacy of
as the "fund") which shall be administered
versity.
the Government-wide program in mining and
by the Secretary of the Interior.
mineral resources research.
MISCELLANEOUS PROVISIONS
(b) The fund shall consist of amounts de-
(b) identification and elimination of du-
posited in the fund, from time to time, de-
SEC. 306. (a) The Secretary of the Interior
plication and overlap between two or more
rived from-
shall obtain the continuing advice and co-
agency programs;
operation of all agencies of the Federal Gov-
(1) the sale, lease, or rental of land re-
(c) identification of technical needs in
ernment concerned with mining and mineral
claimed pursuant to this title:
various mining and mineral resources re-
resources of State and local governments,
search categories;
(2) any user charge imposed on or for land
and of private institutions and individuals
(d) recommendations with respect to al-
reclaimed pursuant to this title, after ex-
to assure that the programs authorized in
location of technical effort among the Fed-
penditures for maintenance have been de-
this title will supplement and not duplicate
eral agencies;
ducted; and
established mining and minerals research
(e) review of technical manpower needs
(3) the reclamation fees levied under sub-
programs, to stimulate research in otherwise
and findings concerning management policies
section (d) of this section.
neglected areas and to contribute to a com-
to improve the quality of the Government-
(c) Amounts covered into the fund shall
prehensive nationwide program of mining
wide research effort; and
be available for the acquisition and reclama-
and minerals research. having due regard
(f) actions to facilitate interagency com-
tion of land under section 405, administra-
for the protection and conservation of the
munication at management levels.
tion of the fund and enforcement and col-
environment The Secretary shall make gen-
ADVISORY COMMITTEE
lection of the fee as specified in subsection
erally available information and reports on
(d), acquisition and filling of voids and seal-
projects completed. in progress, or planned
SEC. 309. (a) The Secretary of the Interior
ing of tunnels, shafts, and entryways under
under the provisions of this title, in addi-
shall appoint an Advisory Committee on Min-
section 406, and for use under section 404,
tion to any direct publication of informa-
ing and Mineral Research composed of-
by the Secretary of Agriculture, of up to one-
tion by the institutes themselves.
(1) the Director, Bureau of Mines, or his
fifth of the money deposited in the fund
(b) Nothing in this title is intended to give
delegate, with his consent;
annually and transferred by the Secretary of
or shall be construed as giving the Secretary
(2) the Director of the National Science
the Interior to the Secretary of Agriculture
of the Interior any authority over mining
Foundation. or his delegate, with his consent;
for such purposes. Such amounts shall be
and mineral resources research conducted by
(3) the President, National Academy of
available for such purposes only when ap-
any other agency of the Federal Government.
Sciences, or his delegate, with his consent;
propriated therefor; and such appropriations
or as repealing, superseding. or diminishing
(4) the President, National Academy of
may be made without fiscal year limitation.
existing authorities or responsibilities of any
Engineering, or his delegate, with his con-
(d) All operators of coal mining operations
agency of the Federal Government to plan
sent;
subject to the provisions of this Act shall pay
and conduct, contract for. or assist in re-
(5) the Director, United States Geological
to the Secretary of the Interior, for deposit
search in its area of responsibility and con-
Survey, or his delegate, with his consent;
in the fund, a reclamation fee of thirty-five
and
cern with mining and mineral resources.
cents per ton of coal produced by surface
(c) Contracts or other arrangements for
(6) not more than four other persons who
coal mining and 10 cents per ton of coal pro-
mining and mineral resources research work
are knowledgeable in the fields of mining and
duced by underground mining, or 10 per
authorized under this title with an institute.
mineral resources research, at least one of
centum of the value of the coal at the mine,
educational institution or nonprofit organi-
whom shall be a representative of working
as determined by the Secretary, whichever is
zation may be undertaken without regard
coal miners.
less. Such fee, with respect to coal pro-
to the provisions of section 3684 of the Re-
(b) The Secretary shall designate the
duced after the date of enactment of this
vised Statutes (31 U.S.C. 529) when, in the
Chairman of the Advisory Committee. The
Act and before January 1, 1976, shall be paid
H 1804
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
not later than the end of the first calendar
(b) The landowner, including the owner
tions as he determines are necessary to
quarter of 1976, and thereafter shall be paid
of water rights. resident, or tenant shall fur-
carry out the provisions of this section.
not later than the end of the calendar quart-
nish to the Secretary of Agriculture a con-
(h) In carrying out the provisions of
er following the calendar quarter in which
servation and development plan setting forth
this section, the Secretary of Agriculture
the coal was produced in the period begin-
the proposed land uses and conservation
shall utilize the services of the Soil Con-
ning January 1. 1976, and ending ten years
treatment which shall be mutually agreed by
servation Service.
aft the date of enactment of this Act unless
the Secretary of Agriculture and the land-
(1) Funds shall be made available to the
extended by an Act of Congress. At the end of
owner, including owner of water rights, resi-
Secretary of Agriculture for the purposes of
each three-year period following the date of
dent. or tenant to be needed on the lands
this section, as provided in section 401(c).
enactment of this Act. the Secretary shall
for which the plan was prepared. In those in-
ACQUISITION AND RECLAMATION OF ABANDONED
adjust the fee to reflect any change in the
stances where it is determined that the
AND UNRECLAIMED MINED LANDS
cost of living index since the beginning of
water rights or water supply of a tenant,
SEC. 405. (a) (1) The Congress hereby de-
such three-year period.
landowner, including owner of water rights,
clares that the acquisition of any interest
(e) The geographic allocation of expendi-
residents, or tenant have been adversely af-
in land or mineral rights in order to elimi-
tures from the fund shall reflect both the
fected by a surface or underground coal mine
nate hazards to the environment or to the
area from which the revenue was derived as
operation which has removed or disturbed a
health or safety of the public from mined
well as the program needs for the funds.
stratum SO as to significantly affect the hy-
lands, or to construct, operate, or manage
Fifty per centum of the funds collected
drologic balance, such plan may include pro-
reclamation facilities and projects consti-
annually in any State or Indian reservation
posed measures to enhance water quality or
tutes acquisition for a public use or purpose,
shall be expended in that State or Indian
quantity by means of joint action with other
notwithstanding that the Secretary plans to
reservation by the Secretary to accomplish
affected landowners, including owner of
hold the interest in land or mineral rights
the purposes of this title: Provided however,
water rights, residents, or tenants in consul-
so acquired as an open space or for recrea-
That if such funds have not been expended
tation with appropriate State and Federal
tion, or to resell the land following comple-
within three years after being paid into the
agencies.
tion of the reclamation facility or project.
fund, they shall be available for expenditure
(c) Such plan shall be incorporated in an
(2) The Secretary may acquire by pur-
in any area. The balance of funds collected
agreement under which the landowner, in-
chase, donation, or otherwise, land or any
on an annual basis may be expended in any
cluding owner of water rights, resident, or
interest therein, including reclamation ease-
area at the discretion of the Secretary in
tenant shall agree with the Secretary of
ments, which has been affected by surface
order to meet the purposes of this title.
Agriculture to effect the land uses and con-
mining and has not been reclaimed to its
OBJECTIVES OF FUND
servation treatment provided for in such
approximate original condition. Prior to
SEC. 402. Objectives for the obligation of
plan on the lands described in the agree-
making any acquisition of land under this
funds for the reclamation of previously
ment in accordance with the terms and con-
section, the Secretary shall make a thorough
mined areas shall reflect the following pri-
ditions thereof.
study with respect to those tracts of land
orities in the order stated:
(d) In return for such agreement by the
which are available for acquisition under
(a) the protection of health or safety of
landowner, including owner of water rights,
this section and based upon those findings
the public;
resident, or tenant the Secretary of Agricul-
he shall select lands for purchase according
(b) protection of the environment from
ture is authorized to furnish financial and
to the priorities established in section 402.
continued degradation and the conservation
other assistance to such landowner, includ-
Title to all lands or interests therein ac-
of land and water resources;
ing owner of water rights, resident, or tenant
quired shall be taken in the name of the
(c) the protection, construction, or en-
in such amounts and subject to such condi-
United States. The price paid for land under
hancement of public facilities such as utili-
tions as the Secretary of Agriculture deter-
this section shall take into account the un-
ties, roads, recreation, and conversation fa-
mines are appropriate and in the public
restored condition of the land. Prior to any
cilities and their use;
interest for carrying out the land use and
individual acquisition under this section.
(d) the improvement of lands and water
conservation treatment set forth in the
the Secretary shall specifically determine
to a suitable condition useful in the eco-
agreement. Grants made under this section
the cost of such acquisition and reclamation
nomic and social development of the area
depending on the income-producing poten-
and the benefits to the public to be gained
affected: and
tial of the land after reclaiming shall pro-
therefrom.
(e) research and demonstration projects re-
vide up to 80 per centum of the cost of carry-
(3) For the purposes of this section, when
lating to the development of surface mining
ing out such land uses and conservation
the Secretary seeks to acquire an interest in
reclamation and water quality program
treatment on not more than 160 acres of
land or mineral rights, and cannot negotiate
methods and techniques in all areas of the
land occupied by such owner including wa-
an agreement with the owner of such in-
United States.
ter rights owners, resident or tenant, or on
terest or right he shall request the Attorney
ELIGIBLE LANDS
not more than 160 acres of land which has
General to file a condemnation suit and take
SEC. 403. The only lands eligible for recla-
been purchased jointly by such landowners
interest or right, following a tender of just
mation expenditures under this title are
including water rights owners, residents, or
compensation awarded by a jury to such per-
those which were mined for coal or which
tenants under an agreement for the en-
son. When the Secretary determines that
were affected by such mining, wastebanks,
hancement of water quality or quantity or
time is of the essence because of the likeli-
coal processing. or other coal mining proc-
on land which has been acquired by an
hood of continuing or increasingly harmful
esses, and abandonment or left in an inade-
appropriate State or local agency for the
effects upon the environment which would
quate reclamation status prior to the date
purpose of implementing such agreement.
substantially increase the cost or magnitude
of enactment of this Act, and for which there
(e) The Secretary of Agriculture may ter-
of reclamation or of continuing or increas-
is no continuing reclamation responsibility
minate any agreement with a landowner in-
ingly serious threats to life, safety, or health,
under State or other Federal laws.
cluding water rights owners, operator, or
or to property, the Secretary may take such
occupier by mutual agreement if the Secre-
interest or rights immediately upon payment
RECLAMATION OF RURAL LANDS
tary of Agriculture determines that such
by the United States either to such person
SEC. 404. (a) In order to provide for the
termination would be in the public interest.
or into a court of competent jurisdiction of
control and prevention of erosion and sedi-
and may agree to such modification of agree-
such amount as the Secretary shall estimate
ment damages from unreclaimed mined
ments previously entered into hereunder as
to be the fair market value of such interest
lands, and to promote the conservation and
he deems desirable to carry out the purposes
or rights; except that the Secretary shall also
development of soil and water resources of
of this section or to facilitate the practical
pay to such person any further amount that
unreclaimed lands and lands affected by min-
administration of the program authorized
may be subsequently awarded by a jury, with
ing. the Secretary of Agriculture is author-
herein.
interest from the date of the taking.
ized to enter into agreements, of not more
(f) Notwithstanding any other provision
(4) For the purposes of this section. when
than ten years with landowners (including
of law, the Secretary of Agriculture, to the
the Secretary takes-action to acquire an in-
owners of water rights) residents and ten-
extent he deems it desirable to carry out the
terest in land and cannot determine which
ants, and individually or collectively. de-
purposes of this section, may provide in any
person or persons hold title to such interest
termined by him to have control for the
agreement hereunder for (1) preservation
or rights, the Secretary shall request the
period of the agreement of lands in question
for a period not to exceed the period cov-
Attorney General to file a condemnation suit,
therein. providing for land stabilization, ero-
ered by the agreement and an equal period
and give notice, and may take such interest
sion, and sediment control, and reclamation
thereafter of the cropland, crop acreage, and
or rights immediately upon payment into
through conservation treatment, including
allotment history applicable to land covered
court of such amount as the Secretary shall
measures for the conservation and develop-
by the agreement for the purpose of any
estimate to be the fair market value of such
ment of soll, water (excluding stream chan-
Federal program under which such history
interest or rights. If a person or persons es"
nelization). woodland, wildlife, and recrea-
is used as a basis for an allotment or other
tablishes title to such interest or rights
tion reseources. of such lands. Such agree-
limitation on the production of such crop;
within six years from the time of their tak-
ments shall be made by the Secretary with
or (2) surrender of any such history and
ing, the court shall transfer the payment to
the owners, including owners of water rights,
allotments.
such person or persons and the Secretary
residents, or tenants (collectively or indi-
(g) The Secretary of Agriculture shall be
shall pay any further amount that may be
vidually) of the lands in question.
authorized to issue such rules and regula-
agreed to pursuant to negotiations or
March 17, 1975
CONGRESSIONAL RECORD-HOUSE
H 1805
awarded by It jury subsequent to the time
velop, and transfer land to any State, or any
Mr. UDALL (during the reading) Mr.
of taking If no person or persons establish
department, agency, or instrumentality of a
Chairman, I ask unanimous consent that
title to the interest or rights within six
State or of a political subdivision thereof,
title IV be considered as read, printed in
years from the time of such taking, the pay-
or to any person, firm, association, or cor-
ment shall revert to the Secretary and be
poration if he determines that such is an
the RECORD, and open to amendment at
deposited in the fund.
integral and necessary element of an eco-
any point.
(5) States are encouraged to acquire aban-
nomically feasible plan for a project to con-
The CHAIRMAN. Is there objection to
doned unreclaimed mined lands within
struct or rehabilitate housing for persons
the request of the gentleman from
their boundaries and to transfer such lands
employed in mines or work incidental there-
Arizona?
to the Secretary to be reclaimed under ap-
to, persons disabled as the result of such
Mr. BAUMAN. Mr. Chairman, reserv-
propriate Federal regulations. The Secre-
employment. persons displaced by govern-
ing the right to object, I wonder if the
tary 13 authorized to make grants on a
mental action, or persons dislocated as the
gentleman from Arizona would withhold
matching basis to States in such amounts as
result of natural disasters or catastrophic
he deems appropriate for the purpose of car-
failure from any cause. Such activities shall
his unanimous consent request. I do not
rying out the provisions of this title but
be accomplished under such terms and con-
know how many amendments are pend-
in no event shall any grant exceed 90 per
ditions as the Secretary shall require, which
ing to the bill. I have heard there are a
centum of the cost of acquisition of the lands
may include transfers of land with or with-
great many amendments pending.
for which the grant is made. When a State
out monetary consideration: Provided, That
Mr. UDALL. Mr. Chairman, if the gen-
has made any such land available to the Fed-
to the extent that the consideration is below
tleman will yield, title IV is a kind of a
eral Government under this title, such State
the fair market value of the land trans-
complicated title. I know of half a dozen
shall have a preference right to purchase
ferred. no portion of the difference between
such lands after reclamation at fair market
the fair market value and the consideration
amendments that relate to the title, and
value less the State portion of the original
shall accrue as a profit to such person, firm,
I believe it would be much more orderly
acquisition price. Notwithstanding the pro-
association, or corporation. Land develop-
if we could consider title IV as open.
visions of paragraph (1) of this subsection,
ment may include the construction of pub-
There is no disposition on this side to
reclaimed land may be sold to the State
lic facilities or other improvements includ-
limit debate. or anything.
or local government in which it is located
ing reasonable site work and offsite improve-
Mr. BAUMAN. Mr. Chairman, with
at a price less than fair market value, which
ments such as sewer and water extensions
that assurance, I withdraw my reserva-
in no case shall be less than the cost to the
which the Secretary determines necessary or
tion of objection.
United States of the purchase and reclama-
appropriate to the economic feasibility of
tion of the land, as negotiated by the Secre-
a project. No part of the funds provided un-
The CHAIRMAN Is there objection to
tary, to be used for a valid public purpose
der this title may be used to pay the actual
the request of the gentleman from
If any land sold to a State or local govern-
construction costs of housing.
Arizona?
ment under this paragraph is not used for
(2) The Secretary may carry out the pur-
There was no objection.
11 valid public purpose as specified by the
poses of this subsection directly or he may
AMENDMENT OFFERED BY MR. MELCHER
Secretary in the terms of the sales agreement
make grants and commitments for grants,
then all right. title. and interest in such
Mr. MELCHER. Mr. Chairman, I offer
and may advance maney under such terms
land shall revert to the United States. Money
an amendment.
and conditions as he may require to any
received from such sale shall be deposited
State, or any department, agency, or in-
The Clerk read as follows:
in the fund.
strumentality of a State. or any public body
Amendment offered by Mr. MELCHER:
(6) The Secretary shall prepare specifica-
or nonprofit organization designated by a
Amend section 405(b) (4), page 207, line 1, by
tions for the reclamation of lands acquired
State.
changing the word "coal" to "energy".
under this section. In preparing these spe-
cifications, the Secretary shall utilize the
(3) The Secretary may provide, or con-
(Mr. MELCHER asked and was given
tract with public and private organizations
specialized knowledge or experience of any
to provide information, advice, and technical
permission to revise and extend his
Federal department or agency which can
assist him in the development or implemen-
assistance, including demonstrations, in
remarks.)
furtherance of this subsection.
Mr. MELCHER. Mr. Chairman and
tation of the reclamation program required
under this title.
(4) The Secretary may make expenditures
Members of the Committee, I shall not
(7) In selecting lands to be acquired pur-
to carry out the purposes of this subsection,
take the full 5 minutes unless there are
suant to this section and in formulating
without regard to the provisions of section
questions to be asked on this amend-
regulations for the making of grants to the
403, in any area experiencing a rapid de-
ment.
States to acquire lands pursuant to this title,
velopment of its coal resources which the
What we intended in the original bill
the Secretary shall give priority to lands
Secretary has determined does not have ade-
and what we intended in the conference,
in their unreclaimed state which will meet
quate housing facilities.
in the final bill that was passed last year,
the objectives as stated in section 402 above
FILLING VOIDS AND SEALING TUNNELS
and what we still intend, is that in this
when reclaimed. For those lands which are
SEC. 406. (a) The Congress declares that
reclaimed for public recreational use, the
subsection we are also referring to con-
voids and open and abandoned tunnels,
revenue derived from such lands shall be
version facilities. So it is more appro-
shafts, and entryways resulting from mining
used first to assure proper maintenance of
constitute a hazard to the public health or
priate in that regard to refer to "energy"
such funds and facilities thereon and any
safety. The Secretary, at the request of the
rather than simply to "coal."
remaining moneys shall be deposited in the
Governor of any State, is authorized to fill
I would hope that the committee could
funds.
such voids and seal such abandoned tunnels,
accept this simple amendment
(8) Where land reclaimed pursuant to this
shafts, and entryways which the Secretary
Mr. UDALL. Mr. Chairman, will the
section is deemed to be suitable for Indus-
determines could endanger life and property
gentleman yield?
trial, commercial, residential, or private rec-
or constitute a hazard to the public health
reational development, the Secretary may
Mr. MELCHER. I will be delighted to
or safety.
sell such land by public sale under a system
yield to the gentleman from Arizona.
(b) In those instances where mine waste
of competitive bidding. at not less than fair
piles are being reworked for coal conserva-
Mr. UDALL Mr. Chairman, I think
market value and under such other regula-
tion purposes, the incremental costs of dis-
this is a good amendment. The problems
tions as he may promulgate to insure that
such lands are put to proper use, as deter-
posing of the wastes from such operations
relating to oil shale and to lignite and
by filling voids and sealing tunnels may be
other energy materials are just as severe
mined by the Secretary. If any such land
eligible for funding providing that the dis-
as they are with coal and other resources
sold is not put to the use specified by the
posal of these wastes meet the purposes of
in the bill.
Secretary in the terms of the sales agree-
this section.
ment, then all right. title, and interest in
Mr. RUPPE. Mr. Chairman, I move to
such land shall revert to the United States.
(c) The Secreteary may acquire by pur-
strike the last word.
Money received from such sale shall be de-
chase, donation, or otherwise such interest
in land as he determines necessary to carry
(Mr. RUPPE asked and was given per-
posited in the fund.
out the provisions of this section.
mission to revise and extend his re-
(9) The Secretary shall hold a public hear-
marks.)
Ing with the appropriate notice, in the
FUND REPORT
Mr. RUPPE. Mr. Chairman, I would
county or counties or the appropriate sub-
SEC. 407. Not later than January 1, 1976,
like to ask the author of the amendment,
divisions of the State in which lands ac-
and annually thereafter, the Secretary shall
quired to be reclaimed pursuant to this title
report to the Congress on operations under
if I could, just how broadly this would be
are located. The hearings shall be held at
the fund together with his recommendations
used in reclamation funding.
a time which shall afford local citizens and
as to future uses of the fund.
Mr. MELCHER. If the gentleman will
governments the maximum opportunity to
TRANSFER OF FUNDS
yield, this subsection would provide in
participate in the decision concerning the
SEC. 408. The Secretary of the Interior may
impact areas with rapidly developing
use of the lands once reclaimed.
transfer funds to other appropriate Federal
populations the opportunity to benefit
(b) (1) The Secretary is authorized to use
agencies, in order to carry out the reclama-
from the funds for public facility pur-
money in the fund to acquire, reclaim, de-
tion activities authorized by this title.
poses.
H 1806
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
At the time we passed the bill in the
Mr. RUPPE. It deals with public facili-
Mr. HAYS of Ohio. Mr. Chairman, will
House, and all during the conference,
ties in total, but that also could be al-
the gentleman yield?
we were referring to conversion facilities
most anything dealing with housing: is
Mr. ANDREWS of North Dakota. I
of a much broader range than just min-
that not correct?
yield to the gentleman from Ohio.
ing coal. As the gentleman from Arizona
Mr. MELCHER. As is defined in public
Mr. HAYS of Ohio. Mr. Chairman, 1
has mentioned, this also applies to oil
facilities, yes.
support the amendment offered by the
shale and applies to lignite. It does
The CHAIRMAN. The question is on
gentleman from North Dakota.
oaden it, but I think it only goes as far
the amendment offered by the gentleman
As one of the original sponsors of the
as the House intended.
from Montana (Mr. MELCHER).
strip mining legislation here I think cer-
Mr. RUPPE. I should like to ask the
The amendment was agreed to.
tainly it is inequitable to charge 35 cents
gentleman further, are we suggesting
AMENDMENT OFFERED BY MR. ANDREWS OF
a ton for a product which is selling for
that the moneys raised from the Coal
NORTH DAKOTA
$2.33 a ton and still charge 35 cents for
Reclamation Fund can be used anywhere
Mr. ANDREWS of North Dakota. Mr.
a product which is selling for as high as
in the United States in any area that is
Chairman, I offer an amendment.
$35 a ton. I think the gentleman's for-
experiencing a rapid growth from the
The Clerk read as follows:
mula is certainly fair and equitable and
development of its energy resources?
Amendment offered by Mr. ANDREWS of
I support his amendment.
Could we take the coal reclamation
North Dakota: Page 194, line 15, after the
Mr. ANDREWS of North Dakota. I
moneys and perhaps use them down
word "less" on line 15, strike out the period
thank my colleague, the gentleman from
in Texas or along the gulf coast of
and insert a comma and add the following
Ohio.
Texas or Louisiana because of the ex-
words: "except that this reclamation fee
Mr. RUPPE. Mr. Chairman, will the
plosive growth there of their natural gas
for lignite coal shall be at a rate of 5 per-
gentleman yield?
and oil extraction industries?
centum of the value of the coal at the mine,
Mr. ANDREWS of North Dakota. I
Mr. MELCHER. If the gentleman will
or 35 cents, whichever is less."
yield to the gentleman from Michigan.
yield further, the gentleman has, I think,
Mr. ANDREWS of North Dakota. Mr.
Mr. RUPPE. Mr. Chairman, has the
broadened it much, much beyond what
Chairman, as we discussed in the general
gentleman been able to develop any de-
the Secretary of the Interior would pos-
debate on this bill, the severance tax in
termination as to what the 5-percent fig-
sibly consider, because the Secretary,
this bill is to restore previously-mined
ure would result in? What would be the
who must administer these funds, if
land. It is set at 35 cents, or 10 percent
value of the lignite and the total of the
asked to agree to any proposal for the
of the value, whichever is less. In the
tax?
use of such funds. I am sure would not
case of coal costing $35 a ton, it is a
Mr. ANDREWS of North Dakota. The
take such a broad view and would not
1-percent tax; in the case of coal costing
value of the lignite at the present time
relate it to oil or gas development. But
$17.50 per ton, it is a 2-percent tax, down
is $2 to $2.50 per ton at the mine site.
the bill with this amendment would
to $7.00 coal, where it is a 5-percent tax.
At the 5-percent level this would re-
mean coal. also shale, assuredly lignite.
In my State and in two other Western
sult in a 10 cents to 12 cents tax per ton.
but would not just limit it in terms of
States there is a fuel called lignite, so-
Actually this would equate out in terms
where the mining would occur, but would
called coal.
of cost per kilowatt hour the same as a
also look at the conversion facilities as
It has less than one-half the Btu's that
35-cent tax on coal that has three times
far as steam generating plants in rela-
coal has. All we have is this lignite fuel.
the Btu's and does not need the long
tion to the coal or lignite mining. or coal
It is low in Btu's but it is our only energy
transmission lines.
gasification plants. That is truly what
source.
Mr. UDALL. Mr. Chairman, will the
the intent of this subsection has been.
In my amendment we change the "10
gentleman yield?
because in manv cases that has caused
percent" to "5 percent" and put it in
Mr. ANDREWS of North Dakota. I
a rapid expansion of population and im-
effect more on a par with the other fuel
yield to the gentleman from Arizona.
pact from ranid population expansion
taxes across this country levied by this
Mr. UDALL. Mr. Chairman, I had the
requires additional funds.
legislation.
staff check it out. One of the concerns
Mr. RUPPE Would not the Janguage
I appreciate the comments made by
I had was the integrity of the size of the
or the word "coal" apply to lignite or
my colleague, the gentleman from Ari-
fund. Because the production of lignite is
apply to shale? Would not the term in
zona (Mr. UDALL) and my colleague,
such a small proportion of the overall
the legislation now cover all of the par-
the gentleman from Montana (Mr.
energy coal production we are told the
ticular instances that the gentleman has
MELCHER), on Friday.
total impact on the fund would be min-
just indicated?
This amendment as changed to go
imal and would be around $1 million and
Mr. MELCHER. I do not think shale
along with their suggestion now is spe-
we are dealing with a fund that we hope
without mv amendment that the bill
cific to lignite and provides simple equity
will produce $135 million per year, so I
answers oil. We are in another amend-
since our people should not have to pay
do not think we are hurting the fund.
ment in the bill treating lignite differ-
two to three times as much per kilowatt
Mr. ANDREWS of North Dakota. That
entlv than we are treating coal. I would
hour for the purposes of this bill, as peo-
is absolutely correct. As the chairman
advise that in every instance I think
ple in other parts of the country. We are
has pointed out, there are only three
simply by using the term energy, we do
in favor of the bill and we support the
States in which lignite is located, the
give the Secretary broadness or the
bill but we think this change should be
States of Texas and North Dakota, and
scope to use the funds correctly, as we
made to provide fair play for our people.
one-quarter or one-fifth share of the coal
envisioned it. but would not turn him
Mr. UDALL Mr. Chairman, will the
mined in Montana.
loose to use it for such a broad purpose
gentleman yield?
Mr. FRENZEL Mr. Chairman, will the
as the gentleman from Michigan has sug-
Mr. ANDREWS of North Dakota. I
gentleman yield?
gested concerning oil and gas produc-
yield to the gentleman from Arizona.
tion.
Mr. ANDREWS of North Dakota. I
Mr. UDALL. Mr. Chairman, I appre-
Mr. RUPPE. My particular concern
yield to the gentleman from" Minnesota.
ciate the gentleman's long and strong
lies with section (b) (1) on page 205,
support for the purposes of this legisla-
Mr. FRENZEL Mr. Chairman, I con-
which would indicate that the moneys
tion.
gratulate the gentleman for his amend-
can be used for almost any particular
I have been persuaded since the com-
ment and I rise in support of it.
purpose that deals with the reclamation,
mittee reported out this bill that it is
Mr. SEIBERLING. Mr. Chairman, will
development or transfer of land. My con-
basically wrong to charge the same for
the gentleman yield?
cern with the gentleman's amendment
the high Btu coal as for the coal which
Mr. ANDREWS of North Dakota. I
is not only can he use it for any par-
is in the gentleman's State which is called
yield to the gentleman from Ohio.
ticular purpose, but with that amend-
lignite. It seems to me if we change the
Mr. SEIBERLING. Mr. Chairman, I
ment he can use it almost anvwhere in
formula to 5 percent or 35 cents, which-
support the amendment offered by the
the country. unless the language is de-
ever is less, we will have arrived at an
gentleman but with an amendment which
fined further.
equitable result.
I would like to offer as a substitute as
Mr. MELCHER. I must remind the
So, Mr. Chairman, I favor the amend-
soon as I can get recognized for that
gentleman from Michigan that the sub-
ment offered by the gentleman from
purpose. It does not affect the gentle-
section deals only with public facilities.
North Dakota.
man's amendment but affects the rate
March 17, 1975
CONGRESSIONAL RECORD - HOUSE
H 1807
of the fee on strip mined coal. It would
it affects strip mining all over the country
state that 2 years or 3 years from now,
increase it from 35 to 50 cents per ton.
and my amendment affects strip mining
if data indicates a need for an additional
AMENDMENT OFFERED BY MR. SEIBERLING AS A
only in two or three States.
15 cents, we then can change the legis-
SUBSTITUTE FOR THE AMENDMENT OFFERED BY
The CHAIRMAN. The Chair will state
lation at that time.
MR. ANDREWS OF NORTH DAKOTA
that the amendment of the gentleman
Mr. SEIBERLING. Of course that is
Mr. REIBERLING Mr. Chairman. I
from North Dakota beginning on page
true, but the fact is the cost of coal is
offer amendment as a substitute for
194, line 15, while it might have been
presently not determined by the cost of
the amendment offered by the gentleman
subject to a point of order earlier, it is
producing. The price of coal has risen
from North Dakota (Mr. ANDREWS).
not subject to a point of order at the
fantastically in the last couple of years.
The Clerk read as follows:
present time.
In fact, in the last 5 years it has tripled.
Amendment offered by Mr. SEIBERLING as
Mr. SEIBERLING. Mr. Chairman, I
The reason is that somehow the coal
a substitute for the amendment offered by
would like to make this point. If we are
industry has managed to take advantage
Mr. ANDREWS of North Dakota: page 194, line
going to start watering down this fund,
of the increased cost of other competing
9, adopt the sentence starting on line 9, but
just water it down to the point we have
forms of fuel, if we had an additional
change "35" to "50".
cut $45 million out of it in committee to
factor greater than the small amount we
Mr. SEIBERLING Mr. Chairman, the
the point where it will be decreased, as
are talking about, it is not necessarily
effect of my substitute is simply to adopt
I have indicated, it will take some 50
going to have any effect on the price,
the language presently appearing on line
years to completely restore all the aban-
which is what we are talking about.
9 in the sentence beginning in that line
doned lands that have already been
I agree with the gentleman from
on page 194 with the change offered by
destroyed by strip mining; so it seems
North Dakota that his amendment is fair
the gentleman from North Dakota but
to me the very least we can do if we are
and equitable, and I support it provided
with an additional change.
going to cut some more money out of it
we also make a reasonable adjustment
I would simply change the rate that
in one place, that we add some money
upward in the fee on strip mining coal.
appears on line 11 from 35 cents per ton
to it in another place.
There is another good reason for doing
to 50 cents per ton.
Mr. ANDREWS of North Dakota. Mr.
that. Ninety-seven percent of all the
POINT OF ORDER
Chairman, if my colleague, the gentle-
coal reserves of this country can only be
man from Ohio will yield, my amend-
obtained by deep mining. If we talk about
Mr. STEIGER of Arizona. Mr. Chair-
ment is not designed to water down the
easy access reserves, the ratio is 8 to 1, so
man, I raise a point of order.
fund. My amendment is designed to get
we want to encourage deep mine coal and
The CHAIRMAN. The gentleman will
equity for those people that have to de-
discourage to some extent strip mine
state it.
pend on this type of lignite fuel, so they
coal where it cannot afford to pay the
Mr. STEIGER of Arizona. Mr. Chair-
are not paying three times as much per
amount.
man. I am afraid that the gentleman
kilowatt hour for fuel than others do
Mr. UDALL. Mr. Chairman, I move to
from Ohio has made a parliamentary
who use a coal which has three times as
strike the last word.
error. His intention is not compatible
much Btu. All we are trying to do is
with the substitution of his amendment
Mr. Chairman, there is an amendment
recognize that it will be more equitable
for that of the gentleman from North
offered by the gentleman from North
at the 5-percent level, which it is for al-
Dakota.
Dakota (Mr. ANDREWS), which I support.
most all coal, and not at the 10-percent
The CHAIRMAN. The gentleman's
There is a substitute amendment offered
level, which would grossly discriminate
point of order comes too late.
by the gentleman from Ohio (Mr. SEI-
against those people depending on lignite
Mr. STEIGER of Arizona. I would
BERLING), which increases the overall fee
for their electricity. I am not trying to
point out to the gentleman from Ohio
for surface mining from 35 cents to
water it down.
that what he is doing is not what he says
50 cents. The 35-cent figure is a com-
Mr. MYERS of Pennsylvania. Mr.
he is doing.
promise the committee reached. We
Chairman, will the gentleman yield?
Mr. SEIBERLING Mr. Chairman. will
should hold to it in good conscience.
Mr. SEIBERLING. Yes. I yield to the
the gentleman from Arizona kindly ex-
Mr. Chairman, I would hope the com-
gentleman from Pennsylvania
plain why it is not what I say I am doing?
mittee would adopt the Andrews amend-
Mr. MYERS of Pennsylvania. I un-
Mr. STEIGER of Arizona. Because if
ment and defeat the Seiberling substi-
derstand that we are proposing charging
the amendment of the gentleman from
tute amendment.
35 cents to 50 cents additional per ton
Ohio carries, the amendment of the gen-
for the problem of reclaiming previously
Mr. SEIBERLING. Mr. Chairman, will
tieman from North Dakota will be aban-
destroyed land by strip mining. Is that
the gentleman yield?
doned and there is no reference in the
the impression of the gentleman? The
Mr. UDALL. I yield to the gentleman
amendment of the gentleman from Ohio
essential effect of the amendment of the
from Ohio.
to the language of the gentleman from
gentleman from Ohio would be to accel-
North Dakota.
Mr. SEIBERLING. Mr. Chairman, do
erate that rate. I do not question the
Mr. SEIBERLING. I believe there is.
I understand the gentleman is not op-
feasibility or the reasoning for reclama-
The CHAIRMAN. The Clerk will reread
posing increasing the fee from 35 cents
tion, in fact I strongly support a recla-
the amendment.
to 50 cents?
mation commitment. I do question
The Clerk read as follows:
Mr. UDALL No, I would have to stick
whether or not we want to accelerate the
Page 194, line 9, adopt the sentence starting
with the committee. I would like a much
rate of committed funds at this time, be-
on line 9, but change "35" to "50".
bigger fund than we are going to have.
cause energy costs have been accelerated
but the compromise we had in committee
Mr. SEIBERLING. Mr. Chairman, I
already in the private sector.
is 35 cents and 10 cents, and is one I
do not know if the Clerk dropped out a
I am only asking, why do we not ad-
think we ought to stick to.
word. Maybe the Clerk could not read
dress that problem from this standpoint?
AMENDMENT OFFERED BY MR. RUPPE TO THE
my writing.
As we get further into a coal commit-
SURSTITUTE AMENDMENT OFFERED BY MR.
My writing says.
ment and coal gets to be a broader base
SEIBERLING
Page 194, line 9, adopt the sentence starting
of our energy, then let us reconsider the
Mr. RUPPE. Mr. Chairman, I offer an
on line 9, but change "35" to "50".
tax for reclamation again.
amendment to the substitute amend-
PARLIAMENTARY INQUIRY
The CHAIRMAN. The time of the
ment.
Mr. ANDREWS of North Dakota. A
gentleman has expired.
The Clerk read as follows:
parliamentary inquiry.
(By unanimous consent Mr. SEIBERLING
The CHAIRMAN. The gentleman will
was allowed to proceed for an additional
Amendment offered by Mr. RUPPE to the
substitute amendment offered by Mr. SEIBER-
state it.
2 minutes.)
LING: On page 194, line 11, amend the substi-
Mr. ANDREWS of North Dakota. My
Mr. MYERS of Pennsylvania. Keeping
tute by striking "50" and inserting the word
amendment is on page 194, line 15.
this tax at 35 cents may, in fact, allow
"ten."
I would point out that the amendment
a smooth transition into a reclamation
POINT OF ORDER
of the gentleman from Ohio would prob-
program on a more efficent program than
Mr. SEIBERLING. Mr. Chairman, a
ably be better standing on its own, since
the cost we are now determining. Again I
point or order.
H 1808
CONGRESSIONAL RECORD HOUSE
March 17, 1975
The CHAIRMAN. The gentleman will
acquisition. land acquisition, sewer and
sumption, was totally destroyed by strip
state it.
water financing, in these areas where he
mining. There are several different sul-
Mr. SEIBERLING. Mr. Chairman, I
deems that people have been affected by
fates now in the water which were not
believe that is an amendment of the
catastrophic failure.
there before, and one of them is up to 140
third degree, and therefore is out of
So I suggest that the language that
parts per million, when the permissible
order.
we have in this bill is wide open for
is four parts. Because the coal company
The CHAIRMAN The gentleman from
abuse. There are tens of millions of pork
made money out of stripping that area
Ohio offered a substitute. An amendment
barrel dollars in this legislation, and each
where the wells were and caused the
to that substitute is not in the third
one of us, each district in this room, is
ground to be disturbed and all of the
degree at this point.
going to have to pay: consumers are go-
slate. and SO on, to be torn up and thrown
Mr. RUPPE. Mr. Chairman, I offer this
ing to have to pay for the pork barrel
back and the water seeps down through
amendment so that we can determine
funding in this legislation.
it, is that to say that this fund should not
right now, and once and for all, just the
Ten cents a ton reclamation fee would
be used to help that little village of 1,200
type and the amount of reclamation fee
be entirely enough funding to provide for
people rectify what has happened to their
we should have in the legislation before
rehabilitation of orphaned lands. Any-
water supply?
us. The gentleman who offered the sub-
thing above 10 cents a ton reclamation
Mr. Chairman, I do not think 35 cents
stitute has suggested that the reclama-
fee will simply result in pork barrel ex-
a ton is unreasonable.
tion fee is too low. I would suggest in
penditures, not only today, but obvious-
Let me tell the Members something
turn, and strongly believe, that the recla-
ly to a much greater degree as the fund
about passing this on to the consumer.
mation fee is too high. Not only do I
builds up and coal production is in-
We all know what the coal companies
believe the fee is too high, but I believe
creased in the United States.
have done since the oil shortage. They
the fee in the bill we have before us, 35
So if we want to strike one blow in this
have gone from $6 a ton to $30 a ton, and
cents a ton for surface mined coal, would
legislation for the American consumer,
every dime of that has been passed on to
simply increase the cost of coal, the cost
if we want to make one effort in this
the consumer.
of electricity and the cost of energy
legislation to stabilize the utility rates in
We are not talking about a 500-per-
in every one of the congressional districts
the years ahead, we can do so by the
cent increase, not at all. We are talking
represented in this room today.
passage of the amendment I have offered
about not even a 2-percent increase; we
I think we ought to take a moment and
here, while at the same time knowing
are talking about something like a 1-
just know exactly what the reclamation
that the reclamation effort to improve
percent increase. The average cost to
fund is to be used for. I believe it should
abandoned or orphaned lands can be un-
the average consumer is going to be about
be used for the reclamation and rebuild-
dertaken and the lands rehabilitated.
a half a cent a month or a cent a month,
ing of orphan lands.
Mr. HAYS of Ohio. Mr. Chairman, I
something like that, maybe 3 cents at
The Department of the Interior has
rise in opposition to the gentleman's
the most, on his electric bill.
suggested and the Bureau of Mines has
amendment.
Well, perhaps you may say that is not
reported there are about a million acres
Mr. SEIBERLING. Mr. Chairman, I
true. The figures I had, when they were
of orphan lands in the United States that
ask unanimous consent to withdraw my
talking about $1.50, was 15 cents a month.
have been mined over and damaged. But,
amendment in the nature of a substitute.
I do not know, but whatever it is, it will
the report by the Department of the In-
The CHAIRMAN. The gentleman from
not be that much.
terior also indicates that about half of
Ohio (Mr. HAYS) has been recognized.
All right, we will say a penny a day,
those have been stabilized. They have at
Mr. SEIBERLING. Excuse me.
if that will make us happier. That is 30
the present time a timber and vegetative
Mr. HAYS of Ohio. Mr. Chairman, I
cents a month.
cover.
yield to the gentleman.
I do not think anybody is going to ob-
Of the remaining half million acres, I
Mr. SEIBERLING. I thank the gen-
ject to a penny a day on the electric bill
beliee many of them will be put back
tleman for yielding.
if that is going to cause these 1 million
into first-class condition under this
Mr. Chairman, the Chair informs me
acres of land to be put back into useful
legislation because many of the areas in
that the manner in which my amend-
production.
Appalachia will be mined again, and
ment was offered would, in effect, wipe
Many of the Members have been out to
those areas mined again, or remined,
out Mr. ANDREWS' amendment, and that
my area, and we have seen some of these
will be under the control of this legisla-
was not my intention.
80-foot and 100-foot-high walls that
tion and will be put back into first-class.
I am perfectly willing to debate the
these companies have walked off and left.
usable condition.
issues of what the fee should be with the
No one is going to put them back into any
So, I would believe that the 10 cents
gentleman from Michigan by offering a
useful production. I suppose we could
per ton figure I have suggested for sur-
separate amendment.
say, to use our terminology, that it has
face mining, as well as for underground
Therefore, I would ask unanimous
been stabilized, but it is stabilized about
mining, is totally adequate to do the
consent to withdraw my substitute
like the Gobi Desert has been stabilized,
paramount and prime job called for un-
amendment.
and it is just about as valuable.
der this legislation, which is the recla-
The CHAIRMAN. Is there objection to
What we are talking about is putting
mation of orphan lands. I think the very
the request of the gentleman from Ohio
it back into productive use, and that has
fact that we have section (b) (1) on page
(Mr. SEIBERLING) ?
not been done in a good many cases.
205 of the bill is a very strong indication
There was no objection.
Mr. RUPPE. Mr. Chairman, will the
that there is a lot more money in the
The CHAIRMAN. The substitute of
gentleman yield?
reclamation fund than has to be utilized
the gentleman from Ohio (Mr. SEIBER-
Mr. HAYS of Ohio. I yield to the
for the rebuilding of orphan lands.
LING) is withdrawn, and the amendment
gentleman from Michigan.
On page 205 of the bill, the Secretary
offered by the gentleman from Michigan
Mr. RUPPE. Mr. Chairman, I thank
would authorize the use of this money
(Mr. RUPPE) to the substitute is there-
the gentleman for yielding.
for any type of housing program that
fore withdrawn.
I will say that in the gentleman's dis-
would help people, as an example, that
Mr. HAYS of Ohio. Mr. Chairman, I
trict we have probably seen some of the
are affected by catastrophic failure.
had risen to oppose the gentleman's
best and some of the worst types of coal
I would like to be able to define for
amendment which is now withdrawn. I
mining in the United States. I have no
the Members of this House just exactly
presume he will offer it at a later time.
argument with the gentleman's comment
what is catastrophic failure. Yet the Sec-
While I am here and have the time, I
that in those areas that have been af-
retary can use the moneys of the reclam-
just want to say that I do not agree with
fected by coal mining or the ravages of
ation fund for anything that supports
the argument at all that this bill creates
coal mining these water and sewer sys-
housing, as long as it can provide a
a pork barrel fund. The gentleman talks
tems and other public necessities should
remedy for catastrophic failure from any
about how wide open it is. Let me tell
be supported by the legislation.
cause.
the Members one little example of what
What I am really getting at is the very
I would like to suggest that for that
happened in the little town I have lived
broad-based national legislation which
reason the Secretary can use the money
in for the last 35 years. Their water sup-
suggests communities can be assisted if
for highway construction or roadway
ply, as far as being fit for human con-
they can show they have been affected by
March 17, 1975
CONGRESSIONAL RECORD-HOUSE
H 1809
a natural disaster or catastrophic failure
Mr. HAYS of Ohio. Mr. Chairman, I
A lot of people say, "Why should we
from any cause. What I am getting at is
agree with the gentleman. I call tell the
charge future present mining operations
that when we talk about a "catastrophic
Members there are creeks in my district
for the depredations of past coal mining
failure" for any cause, we are going far
that have been destroyed by abandoned
practices?" The answer is: What better
beyond coal mining and are saying we
deep mines and that need a lot of work
place to charge this cost?
will help a community for any reason.
done on them. If you drink that water, it
It has been said the severance fee will
Mr. HAYS of Ohio. Mr. Chairman, I
will kill you. The water is no good. Fish
raise the cost of energy to the consumer.
appreciate the gentleman's point of view.
cannot live in it; not even crayfish can
The facts indicate otherwise. On page 72
but he is attacking the wrong thing.
live in it. It is absolutely poisonous.
of the committee report there is a chart
If the gentleman does not think that
Mr. DENT. Mr. Chairman, will the
prepared by the American Public Power
language should be there and he offers
gentleman yield to permit me to ask a
Association which shows that, from
an amendment to take out that language,
question of the sponsor.
1967-which is the year prior to which
and if he makes out a good case, I would
Mr. HAYS of Ohio. Yes, I yield to the
there was very little increase in the cost
probably be open-minded on that. But I
gentleman from Pennsylvania.
of coal-to the end of 1974, the spot
am not going to be open-minded on re-
Mr. DENT. Will this particular section
prices of bituminous coal have tripled. In
ducing the amount of money it is going
of the bill take care and provide for mine
the same period wages in the coal in-
to take from strip operators who walked
sealing operations?
dustry have gone up 50 percent, while the
off and left this damage to restore it.
Mr. UDALL. If the gentleman will
volume of production has gone up hardly
If we look down the road 10 years
yield, this is a very wide purpose fund.
at all.
from now, we might be amazed about
One can seal abandoned mines, stop fires,
Further, on page 73, the report brings
how little will be restored, because the
restore the quality of the water. One
out that this increase in price has pro-
amount of money is not sufficient, even
can do the things that the gentleman
duced a tremendous escalation in the
at 35 cents. But if we see the job has
from Ohio is talking about. One can
profits of the coal companies.
been done in 5 years or in 20 years, or
correct subsidence and can restore land.
The marketplace-or what passes for
whenever, the Congress may come back
There is a broad cash fund to do what
a marketplace in this age of high oil
to remove that language totally if they
society needs to do.
prices-not the cost of production is
restore the land as they go.
Mr. DENT. Does it also do what the
obviously setting the price of coal. So
Mr. Chairman, we have some land in
gentleman complains of, take care of
that if we add a few cents to the price
Ohio that has been totally restored. I can
catastrophes and other conditions that
of coal or the cost of coal in terms of
show the Members 25 acres next to my
arise because of something other than
production at the mine, we are not real-
farm. They came in and took off the top-
mining, in other words, say, a flood?
ly adding anything to the price in the
soil, took out the subsoil, and then they
Mr. UDALL. No, no.
marketplace.
put the topsoil back on, and they have
Mr. DENT. It would not?
It seems to me that the very least we
planted it in alfalfa. That land grows
Mr. UDALL. No. It has nothing to do
can do, if we are going to take off 25
as good a crop of alfalfa as I do on my
with that.
cents, which is what the committee did,
farm, which is next to it and which has
The CHAIRMAN. The question is on
from the fee on deep-mined coal, that
not been disturbed at all. But they did
the amendment offered by the gentleman
we ought to add that 15 cents to the
not do that until we had a strip mine law
from North Dakota (Mr. ANDREWS).
fee for strip mined coal. That is exact-
in Ohio that forced them to do it.
The amendment was agreed to.
ly what my amendment does. That will
There are literally tens of thousands
AMENDMENT OFFERED BY MR. SEIBERLING
bring out about the same amount of
of acres in Appalachia that have been
money as the bill that passed the House
Mr. SEIBERLING. Mr. Chairman, I
torn up and that will never be restored
last December.
offer an amendment.
unless it is done from this fund.
The Clerk read as follows:
Therefore I urge the adoption of my
Mr. CHAIRMAN. The time of the gen-
amendment.
tleman from Ohio (Mr. HAYS) has ex-
Amendment offered by Mr. SEIBERLING:
AMENDMENT OFFERED BY MR. RUPPE AS A SUB-
Page 194, line 11, strike out "thirty-five" and
pired.
insert "Afty".
STITUTE FOR THE AMENDMENT OFFERED BY
(On request of Mr. UDALL and by unan-
MR. SEIBERLING
imous consent, Mr. HAYS of Ohio was al-
Mr. SEIBERLING. Mr. Chairman, I
Mr. RUPPE. Mr. Chairman, I offer an
lowed to proceed for 2 additional min-
think we should have a little further dis-
amendment as a substitute for the
utes.)
cussion on the subject that the gentle-
amendment.
Mr. UDALL. Mr. Chairman, will the
man from Ohio (Mr. HAYS) and the gen-
The Clerk read as follows:
gentleman yield?
tleman from Michigan (Mr. RUPPE) have
Amendment offered by Mr. RUPPE as a sub-
Mr. HAYS of Ohio. I yield to the gen-
already covered.
stitute for the amendment offered by Mr.
tleman from Arizona.
The Bureau of Mines and the Army
SEIBERLING: on page 194, line 11 after the
Mr. UDALL. Mr. Chairman, I think
engineers have estimated that to re-
word "of", strike out the word "fifty" and
the gentleman has made a very impor-
store the over 2 million acres of
insert the word "ten". On line 12, place a
abandoned lands that have been strip
period after the word "produced" and strike
tant statement. I want to concur with
mined in this country will require $9 bil-
the remainder of the sentence through the
everything he said. I wish to underline
period on line 15.
this point about the abandoned reclama-
lion at 1973 costs. Obviously, it will take
And on page 194, line 22 strike the word
tion mine fund. It deals not just with the
more money than that at present costs.
"unless" and all of lines 23, 24 and 25 on
restoration of land, it deals with the res-
Yet, the fund that is contained in the
page 194. Strike lines 1 and 2 on page 195:
toration of water resources.
bill provides for $130 million per year
The gentleman from Ohio made the
starting this coming year. That will ob-
(Mr. RUPPE asked and was given per-
point that many of these surface mine
viously go up as the coal mining in-
mission to revise and extend his
creases. Nevertheless, it is an extremely
remarks.)
operations disturb the water supply and
poison streams, and this fund can be
small amount of money to do a very
Mr. RUPPE. Mr. Chairman, I will not
used to restore those streams and restore
important job.
take the whole of the five minutes since
those water supplies.
We have a food shortage in this world.
we have debated this amendment at the
We have a lumber shortage. We need
time the substitute was withdrawn a few
What happened in the bill 2 years ago?
every acre of productive land that we
moments ago.
We had $200 million a year in it. The
can find or restore in this country if we
Let me say in response to the com-
committee made a cutback to $35 million
are going to meet the needs of the future.
ments of the gentleman from Ohio, I
a year. The gentleman from Michigan
I submit that, purely from a business
think the gentleman made a very good
wants to cut it back to $60 million a year.
standpoint, restoring these abandoned
point concerning what has happened to
The Department in its own report esti-
lands, 2 million acres, is a desirable
the land in the past because of prior
mates there is $6 billion worth of damage
thing to do. Who should pay the costs of
mining operations.
that must be restored and estimates it
this restoration? The costs should be fac-
would take 100 years to do the job.
It was also pointed out that the money
tored into the costs of mining coal, since
should be available for not just reclama-
Mr. Chairman, it would be a disaster
it was mining coal that caused the de-
tion of orphan lands, but perhaps for
to cut this fee down to 10 cents.
struction in the first place.
other uses associated with bar mining
1810
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
practices that have gone on in prior
We have been all around this issue
Mr. MELCHER. I think the gentle-
years.
during the last year. The gentleman from
man is well aware that that section does
The fact of the matter is as long as
Michigan has been in the thick of it at
not refer to the first 17½ cents a ton
we have language in the legislation which
every stage in the committee and in
that does go to the States or Indian
says the money can be used for virtually
conference both, and, of course, on the
reservation where the strip mining OC-
every purpose as long as the purpose can
House floor. What we have finally come
curs. But what he is talking about is a
be called or identified with a "natural
down to in this House version of the bill
provision that would allow for the re-
disaster", the expenditure of the money
is that for underground mining only 10
pair of such as the Buffalo Creek dis-
thereof is wide open to abuses. Anything
cents a ton will go into the fund, but
aster, and I think that is entirely appro-
in the gentleman's district or my district
for strip mining 35 cents a ton will be
priate.
can be labeled or identified a natural dis-
put in the fund.
I must remind again the members of
aster. The fact of the matter is that tens
The gentleman from Michigan is ab-
the committee that this fund is not just
of millions of dollars now and the many
solutely correct-half of that, 17½ cents
turned loose. Each application must
more tens of millions of dollars in the
a ton, will remain in the area where it
prove its need, must go to the Secretary
future will be misused or wasted because
is mined, but the gentleman is wrong
of the Interior, and then the Secretary
of the fact that almost anything can be
when he states it is used for pork barrel.
allows it within the framework and the
identified as a natural disaster, and the
We in the West who are not really
guidance we have given him.
Secretary can spend the money as he
going to touch this fund very strenu-
Mr. UDALL. Mr. Chairman, will the
chooses once that particular project is
ously, hardly at all, for reclamation of
gentleman yield?
labeled.
abandoned lands. We in the West where
Mr. MELCHER. I yield to the gentle-
I have no objection to the spending of
strip mining is moving will contribute
man from Arizona.
money for reclamation of orphan lands,
to the fund from our quota of 35 cents
Mr. UDALL. I just want to commend
from the 25-cent fee if all the monies
a ton on all coal strip mined in our
the gentleman for his statement. He is
are going to be spend for purposes of
States. But we are asking, and it is so
exactly right: The Ruppe amendment
reclamation of orphan lands in the
provided in the bill and was provided
would be a disaster. It cuts $75 million
United States, in Ohio and in other areas
last year and was provided in the final
a year out of this fund and reduces it to
affected. But only half of these monies
version of the conference, that half of
the point where none of the States which
will be paid out for the rehabilitation of
that, or 17½ cents a ton will stay in the
are now going to get substantial bene-
orphan lands and the other half to pro-
area and State where the mining is being
fits would get enough to get anything
vide a pork barrel in a number of States.
done, or on the Indian Reservation
done. The people in those States which
And, let me say that I am not against
where the mining is being done, to meet
would be relying heavily on this coal
a little pork barrel once in a while, but
the needs, the social impact needs, that
would suffer and the least we can do is
I do not believe that this is the time
go along with the expansion of mining
to help those States do the kinds of
or this is the day when the utilities and
or the expansion of the development of
things the gentleman from Ohio (Mr.
the users, the consumers of the United
power. I do not think that is too much to
HAYS) was talking about.
States. should be called upon to pay an-
ask, and I think it should be used for
Mrs. FENWICK. Mr. Chairman, will
other pork barrel allocation.
roads if roads are needed; I think it
the gentleman yield?
For the purpose of reclamation of or-
should be used for schools if schools are
Mr. MELCHER. I yield to the gentle-
phan lands. this I gree with wholeheart-
needed, or hospitals, or other health
woman from New Jersey.
edly: but the idea of putting in additional
care, or for housing facilities if they are
Mrs. FENWICK. Mr. Chairman, I
money in this legislation, and I believe
needed, in a very sparsely settled area
would like to inquire what kind of bill we
we are talking about the addition of 25
which is contributing to meet the energy
are dealing with. I thought this was to
cents a ton on strip mine coal for purely
needs in this country and mining and
energy development does cause social
do with strip mining and the devasta-
political pork barrel purposes, is unfair
to the taxpayers of our country.
impact in making those contributions
tion that kind of mining has wrought.
Mr. SEIBERLING. Mr. Chairman, if
to meet the country's energy demands.
On page 205 we find this is not on strip
the gentleman will yield, the way the
I have no quarrel with expending the
mining alone but it is a socioeconomic
bill is written Congress has to appro-
sum to 50 cents per ton as the gentleman
bill which is going to take a great deal
priate the money even though this fund
from Ohio is requesting in his amend-
of money and which has to do with a
is accumulated. Not one dime can be
ment. If that is what the House decides,
variety of purposes which have nothing
spent for the reclamation provided in
I will be glad to have the additional
to do with strip mining. This has to do
this bill unless Congress appropriates the
funds for the dual purpose of meeting
with the acquisition and reclamation
money, and the funds are limited to cer-
the social impacts where the mining is
of abandoned unreclaimed mined land.
tain usages, mainly reclamation, which
occurring, and for reclaiming the aban-
What we are going to do here has to do
means based on the experience of where
doned lands. But I object strenuously
with persons displaced by Government
men have abandoned coal mines. I do
to the proposal by the gentleman from
action and that could be persons dis-
not see what the gentleman is talking
Michigan to reduce the funding. I think
placed by Government action in a field
about here.
he is asking too much of us as we go
other than mining.
Mr. RUPPE. Let me say that the con-
forward with our part in the West in
Mr. MELCHER. I thank the gentle-
sumers in my district, the people who
meeitng the energy demands in this
woman for her remarks. The bill has
are paying the utility bills, would be
country.
many facets and it is attempting to
perfectly happy to pay their own money
Mr. RUPPE. Mr. Chairman, will the
satisfy the needs of the country which
and create their own jobs. I do not really
gentleman yield?
have to do with mining and energy de-
think that job creation by higher utility
Mr. MELCHER. I yield to the gentle-
velopment.
bills paid by my consumers is the way
man from Michigan.
Mr. UDALL. Mr. Chairman, will the
to bring around this economy.
Mr. RUPPE. I thank the gentleman
gentleman yield?
Mr. SEIBERLING. For the reasons I
for yielding.
Mr. MELCHER. I yield to the gentle-
outlined, I do not think this is going to
I appreciate the gentleman's com-
man from Arizona.
add anything in this bill.
ments. I would say no one has worked
Mr. UDALL. Mr. Chairman, I ask
Mr. RUPPE. If it adds jobs in the
harder to make this a useful piece of
unanimous consent that all debate on
United States, paid for by the utility
legislation than the gentleman in the
the pending amendment and all amend-
users in my own district. I have a feeling
well. But I do refer once again to the
ments thereto close in 10 minutes.
that it is an expenditure by the Govern-
language on page 205. If anything can
The CHAIRMAN. Is there objection to
ment not in line with the present inten-
be labeled a natural disaster or cata-
the request of the gentleman from
tion of American consumers.
strophic failure, one that can come about
Arizona?
Mr. MELCHER. Mr. Chairman, I move
from any cause-and that is what the
There was no objection.
to strike the requisite number of words,
language says-a disaster coming from
The CHAIRMAN. The Chair recog-
and I rise in opposition to the amend-
any cause, pay out the money, and that
nizes the gentleman from Pennsylvania
ment.
means the people in my district pay.
(Mr. DENT).
March 17, 1975
CONGRESSIONAL RECORD HOUSE
1811
Mr. DENT. Mr. Chairman, I would like
greater and greater costs to the con-
The CHAIRMAN. The time of the gen-
to warn the House that one of these days,
sumer.
tleman from Arizona has expired.
very shortly. I am going to bring to the
(By unanimous consent Mr. SYMMS
(By unanimous consent Mr. RUPPE
floor a piece of legislation which will have
yielded his time to Mr. STEIGER of Ari-
yielded his time to Mr. STEIGER of Ari-
a great deal to do with this particular
zona.)
zona.)
piece of legislation we are working on
(Mr. STEIGER of Arizona asked and
Mr. STEIGER of Arizona. I thank the
today. A few years ago this House voted
was given permission to revise and ex-
Chair and I would hope that we recog-
on a bill that I sponsored for about 7
tend his remarks.)
nize that it is a perfectly responsible
years to pay black lung disease compen-
Mr. STEIGER of Arizona. Mr. Chair-
position to tell both those that are talk-
sation. I promised the House that at the
man, on this very important debate with
ing about reclaiming abandoned land,
right time when we have achieved a cer-
regard to how much we are going to
orphan lands and destroyed lands, as
tain goal in that particular planning, I
assess surface miners in order to repair
well as the constituent who is concerned
would come before the House with legis-
the sins of the past, I think we ought to
about his electric utility bill. We can
lation to put the cost of the black lung
recognize one small voice of reason or
serve both those unlikely masters at the
compensation onto the coal mining in-
note of reason that ought to be included
same time by supporting the amendment
dustry.
among the rhetoric. I doubt if it will be
of the gentleman from Michigan.
I have succeeded, as a result of talking
considered very carefully and certainly
In the faint hope that this is under-
with the industry and I have gotten the
it will not be read by anybody; but at
stood by all those here who represent but
help of other Members in talking to the
least we will have the satisfaction of
a fraction of those who are voting, we
mining fraternity, and we now have an
knowing that at one time the facts were
at least here have the satisfaction of
agreement between all the large strip
displayed before us for our consideration.
having opted for both these very attrac-
miners and the independent miners and
The gentleman from Michigan (Mr.
tive options.
the mine operators of America to accept
RUPPE) has made an eminently rational
I, in turn, would like to return the
that burden.
suggestion. He said that we really do not
unused portion of the gentleman's time.
The western miners are going to be
have any idea of what rate we will need
Mr. RUPPE. Mr. Chairman, I want to
paying into that fund the same as the
to repair these orphan lands. I agree, we
compliment the gentleman in the well
eastern miners. The western miners will
should repair them, and he said, and this
for his statement, and point out that the
have little or no obligation for the black
is of interest to the people back home,
language in the legislation suggests that
lung compensation I do not like to see
that this bill is going to place an onerous
we can use the moneys to fight any nat-
us get into a position here of putting such
burden on the people as it is. Let us make
ural disasters around the United States.
a burden on that that the mining people
that burden as light as the need demands.
I would simply like to point out that
would have enough argument against our
It seems to me we cannot in any good
I do not believe the individual consumer
putting onto the coal miners the cost of
conscience oppose the amendment of the
in my district, when he goes at the end-
the black lung program. We have paid
gentleman from Michigan, because it is
of the month to pay his utility bill, would
out of the Treasury some $3 billion to
moderation personified. Had I been given
like to know that we are giving a portion
take care of a problem they could not
the opportunity the gentleman was given,
of that bill to combating natural disasters
handle because we could not trace the
I would have struck the reclamation fund
of unknown nature in some other part of
black lung, so I ask that we keep the
entirely, because I am convinced that, as
the United States.
rates somewhere near what the com-
pointed out by the gentlelady from New
Mr. UDALL. Mr. Chairman, I want to
mittee has brought out and which the
Jersey (Mrs. FENWICK) and several
get some legislative history very clear.
miners accepted and agreed to when they
others, especially the gentleman from
This language on page 205 which my
knew what was in the bill. If we go out
Michigan (Mr. RUPPE), that this is not
friend from Michigan refers to about
of line now they may not agree to that.
basically a reclamation fund. This is a
natural disasters or catastrophic failure
The CHAIRMAN. The Chair recog-
bucketful of goodies for everybody who
was written in there because of the Buf-
nizes the gentleman from Pennsylvania
has not been included in some heretofore
falo Creek incident. Here was a mine
(Mr. MYERS).
glorious enterprise associated with this
tailings impoundment which broke and
bill.
Mr. MYERS of Pennsylvania. Mr.
where miners and other people were lost.
This will not only permit natural dis-
Chairman, the gentleman from Ohio in-
In this fund we are simply trying to
aster repairs in States other than surface
dicates that coal companies have en-
provide limited assistance to effect nat-
mining, this will permit the expenditure
joyed extremely large increases in profit
ural disasters which impact the coal mine
for the rehabilitation of alcoholics, that
recently, I can agree with that. I think
industry, and not disasters that have no
alcoholism brought on by the stress of
we all agree in criticizing the rapid in-
relation to the industry. I think the lan-
having new industry in the area.
creases in cost of coal and the profits
guage says that. If it does not, I want
I think we will all agree that is a very
which are being reaped only because the
to make it very clear that it does. That
worthy situation, but one that the elec-
price of oil increased. But we have to
is the intent and purpose of it.
trical consumers across this country can
recognize that the objective in the near
Let me make it clear that the commit-
hardly bear. So it seems to me we do a
future is to expand the production of
tee has been up and down the lot. We
great disservice to our constituency if we
coal, and if that happens the price of
had at one time $2.50 and finally ended
do not support the amendment of the
coal is going to be coming down because
up with 35 cents on surface and 10 cents
gentleman from Michigan; but more im-
the supply will be going up. What pushed
underground. The gentleman from Ohio
portant than that, we do more harm to
the coal price up and pushed the opera-
(Mr. SEIBERLING) wants to change the
the concept, because the concept has been
tors profits down for extracting this
35 cents to 50 cents. The gentleman from
destroyed by the addition of the boatload
coal was the limited supply of coal.
Michigan wants to cut the 35 cents to
of goodies we have already included in it.
As supplies increase and the prices de-
10 cents. Both of them ought to be
If there is a delay in the reclamation
crease the effect of this tax is going to
defeated.
of the orphan lands that the gentleman
increase. Even if initially this tax is ab-
from Ohio (Mr. HAYS) referred to so dra-
We will have a good, adequate aban-
sorbed by the coal companies the ten-
matically, the 80-foot-high walls left in
doned mines fund if we take the com-
dency to pass it on to the customers will
this area, if there is a delay in the repair
mittee's position of 35 cents, which is
increase with these falling coal prices.
of that, it is not because this fund is not
three and a half times on the surface
For that reason I would ask we exer-
being contributed to at a fast enough
mined coal what we are putting on un-
cise some reservations about increasing
rate, it is because there are so many other
derground mined coal. This will give us
this tax above the level the Committee
goodies chewing away at the fund that it
some $130 million a year. We can do both
has suggested. It stands to reason they
is impossible to accomplish the original
reclamation on abandoned lands and
have done some work here. I do not agree
mission.
cleaning up water in the East and take
with all the Committee has presented but
So do not be persuaded by the very ex-
care of the impact in Montana and some
we cannot lose sight of the fact that
cellent rhetoric that would repair damage
of those other areas.
what we are doing in the Congress is
that 99 percent of us have not seen or
Mr. SEIBERLING. Mr. Chairman, will
hopefully going to have a significant ef-
heard of. Do recall that we all have to de-
the gentleman yield?
fect of increasing the availability of coal
fend our constituents that are concerned
Mr. UDALL. I yield to the gentleman
and that will increase the probability of
about their electric bills.
from Ohio.
11812
CONGRESSIONAL RECORD HOUSE
March 17, 1975
Mr. SEIBERLING. Mr. Chairman, if
Mr. McDADE (during the reading).
this tax approximates $10 billion taken
the gentleman from Michigan had some
Mr. Chairman, I ask unanimous consent
from that narrow class of consumers and.
abandoned lands in this State and if he
that the amendment be considered as
I submit to my colleagues. that they are
were closer geographically to the terrible
read and printed in the RECORD.
already heavily overburdened by energy
desert areas that have been created by
The CHAIRMAN. Is there objection
costs in this country.
bar! mining practices. he might feel dif-
to the request of the gentleman from
This is a chance to do something to
about this
Pennsylvania?
stop the increase in prices of energy to
I think it is good that we are debating
There was no objection.
our consumers and do it in a way that
this on St. Patrick's Day, because what
(Mr. McDADE nsked and was given
will let us treat it as a national obliga-
we are talking about is the re-greening
permission to revise and extend his re-
tion of the people of this country.
of great areas of America.
marks.)
Mr. EVANS of Colorado. Mr. Chair-
I just want to talk about the cost. In
Mr. McDADE. Mr. Chairman, this is
man, will the gentleman yield?
1967. the average price of bituminous
an amendment which I offered when this
Mr. McDADE. I yield to my friend, the
coal, as shown on page 75 of the commit-
bill was before the House last summer,
gentleman from Colorado.
tee report. was $4.62 per ton. In 1974, it
and the House adopted it. I am asking
Mr. EVANS of Colorado. Mr. Chair-
was $15 per ton. That is a price increase
the Members to do the same thing today.
man, I thank the gentleman for yield-
of more than three times. Yet the cost of
The Members have heard before us
ing.
coal production did not go up anywhere
today discussions about the level of taxes
I appreciate the gentleman's efforts in
near that much. So, I submit that if we
that ought to be imposed, upon the use of
bringing up this amendment this year.
add 50 cents per ton to the cost of min-
coal in this country. taxes which I sub-
I supported him last year, and I shall
ing coal. we are unlikely to affect at all
mit to the Members will end up one
support him this year.
the price of coal to the consumer. There
place, on your consumers, on the con-
I think the amendment makes all
is that much cushion in the coal price.
sumers of this Nation. Sixty percent of
kinds of sense from two standpoints:
The CHAIRMAN. The question is on
the electric power in this Nation is gen-
No. 1, it is my impression--and in this
the amendment offered by the gentleman
erated by coal, and in many districts in
I share the opinion of the gentleman in
from Michigan Mr. RUPPE), as a substi-
this Nation there are those who still use
the well, the gentleman from Pennsyl-
tute for the amendment offered by the
coal to home heat. to space heat. They
vania-that this amendment would
gentleman from Ohio (Mr. SEIBERLING).
are among the lowest income groups in
probably increase the size of the fund
The amendment offered as a substitute
this Nation. Many live exclusively on
we are talking about.
for the amendment was rejected.
fixed income.
Mr. McDADE Mr. Chairman, I will say
The CHAIRMAN The question is on
If the Members let this tax that is in
to my colleague that it will put this fund
the amendment offered by the gentleman
this bill go through, you are going to tax
at $200 million per year. The fund that
from Ohio (Mr. SEIBERLING).
that group not once but twice, once when
has been spoken of now has been scaled
The question was taken; and on a divi-
they buy their electricity and again when
back by the committee, and there are
sion (demanded by Mr. SEIBERLING)
they heat their homes. You are going to
arguments about how much of a tax to
there there-ayes 19; noes 44.
impose a consumer tax on a class of peo-
put on the consumer. It is a difficult
Mr. SEIBERLING Mr. Chairman. I
ple, not all of the people, but a class of
question.
demand a recorded vote.
people in this great Nation of ours.
In this way we do not put that tax on,
A recorded vote was refused.
That, to me, is fundamentally unjust,
but we put this fund at $200 million a
So the amendment was rejected.
especially when there is a viable alterna-
year and get it operating at that level.
AMENDMENT OFFERED BY MR. M'DADE
tive around.
Mr. EVANS of Colorado. Mr. Chair-
And what is that alternative? The
man, will the gentleman yield further?
Mr. McDADE. Mr. Chairman, I offer
an amendment.
words "energy crisis" have been used here
Mr. McDADE. I yield to the gentleman
The Clerk read as follows:
many times today. As a result of that
from Colorado.
energy crisis, our Nation finds itself ex-
Mr. EVANS of Colorado. Mr. Chair-
Amendment offered by Mr. MCDADE: Sec-
tion 401 of the Committee amendment in
ploring for oil in the public lands owned
man, one additional reason I support the
the nature of a substitute is amended as
by the people of this Nation, auctioning,
gentleman's amendment is, not only for
follows:
if you will, the right to drill for oil on
the reasons he argued, but also for the
Page 193. strike our lines 20 through 21
publicly owned lands in the Gulf of
reason that it provides a definite sum
and Insert in lieu thereof the following:
Mexico and, indeed, in other places, That
available that can be counted on. We do
(3) appropriations made to the fund. or
single activity generates to the Treasury
not know how big the fund is going to
amounts credited to the fund, under sub-
of the United States in this fiscal year
be under the bill.
section (d).'
almost $7 billion-$7 billion-and all I
The CHAIRMAN. The time of the gen-
Page 193, beginning on line 24, strike out
"and enforcement and collection of the fee
want the Members to do in this bill is to
tleman from Pennsylvania (Mr. McDADE)
as specified in subsection (d)
say "No" on a tax on consumers, not to
has expired.
Page 194, strike out line 9 and all that
put a double tax on some consumers. Let
(On request of Mr. EVANS of Colorado
follows down through and including line 2
us simply earmark part of those OCS
and by unanimous consent, Mr. MCDADE
on page 195 and insert in lieu thereof the
funds, a small part, my colleagues, rep-
was allowed to proceed for 2 additional
following:
resenting about 2 percent of total
minutes.)
"(d) (1) In addition to the amounts de-
receipts.
Mr. EVANS of Colorado. Mr. Chair-
posited in the fund as specified in para-
graphs (1) and (2) of subsection (b) there
As I mentioned to the Members. the
man, will the gentleman yield further?
are authorized to be appropriated annually
flow to the Treasury is $7 billion. All I
Mr. McDADE. I yield to the gentleman
to the fund out of any money in the Treas-
am asking the Members to do is to ear-
from Colorado.
ury not otherwise appropriated, such
mark $200 million.
Mr. EVANS of Colorado. So Mr. Chair-
amounts as are necessary to make the in-
You have already heard the reclama-
man, I am glad the gentleman has pro-
come of the fund not less than $200,000,000
tion fund described by many as not ade-
posed this amendment. It gets away
for the fiscal year ending June 30, 1975, and
quate, as being scaled back, as a retreat
from the taxing of the people such as
for each fiscal year thereafter.
from the funding level of last year's bill.
is contained in the bill and as described.
"(2) To the extent that any such sums SO
appropriated are not sufficient to make the
Let us make it adequate, let us make it
Mr. McDADE. Mr. Chairman, I thank
total annual income of the fund amount to
$200 million a year and get on with the
my colleague for his remarks.
$200,000,000 for each of such fiscal years, as
task of doing it.
I wish to point out to my colleagues
provided in paragraph (1). an amount suffi-
Some will argue to us, "Don't worry
in the House that we have precedents for
cient to cover the remainder thereof shall
about it. You won't really feel this tax.
this. My colleague, the gentleman from
be credited to the fund from revenues due
Your consumers won't hear about it. It
Colorado, and I sit on the Appropriations
and payable to the United States for deposit
in the Treasury as miscellaneous receipts
is a small tax on electricity and coal,
Committee for the Department of the
under the Outer Continental Shelf Lands
and they won't really know it is there."
Interior now, and we administer the only
Act. Moneys covered into the fund under
Mr. Chairman, I will ask the Mem-
lien that exists in the Federal Govern-
this paragraph shall remain in the fund
bers to read the committee report, be-
ment against that $7 billion that goes
until appropriated by the Congress to carry
cause the amount of dollars that is be-
into the Treasury as a miscellaneous re-
out the purposes of this title."
ing committed under this bill and under
ceipt. That is the Land and Water Fund.
March 17, 1975
CONGRESSIONAL RECORD
H 1813
My colleague, the gentleman from
Mr. SEIBERLING. Mr. Chairman, I
If the gentleman had his way, the coal
Colorado. and I have seen it work effec-
move to strike the last word, and I rise
tax probably would be $3 or $4 a ton.
tively. We all know of it. It is one of
in opposition to the amendment.
Mr. SEIBERLING. If the gentleman
the fine programs this Congress has en-
The gentleman from Arizona (Mr.
will wait a moment, I will reply to that.
acted. It works. and it has a stable fund.
STEIGER) was complaining about the
I simply would like to point out that all
It is reliable, because we know that the
rhetoric. Apparently it depends on who
he does is take the cost away from the
funds will be there.
is putting out the rhetoric, because we
coal industry and sock the taxpayers for
Mr. STEIGER of Arizona. Mr. Chair-
have had mostly rhetoric on this amend-
it. If one takes $200 million out of the
man, will the gentleman yield?
ment, and I would like to put a few facts
offshore oil revenues, he will be simply
Mr. McDADE. I yield to the gentle-
in the RECORD.
taking that much revenue away from the
man from Arizona.
The facts are, first of all, that there
Federal Government which must be
Mr. STEIGER of Arizona. Mr. Chair-
will never be a fuel adjustment clause
made up either by taxes or deficit
man, I wish to associate myself with the
passthrough unless the price of coal to
financing.
gentleman's remarks, and I support the
the electric companies goes up. As I have
Mr. MELCHER. Mr. Chairman, will
gentleman's amendment.
already stated, the price of coal has risen
the gentleman yield?
Most important of all. I am glad there
from $4.62 a ton on an average in 1967 to
Mr. SEIBERLING. I yield to the gen-
is some Member in this body who recog-
$15 a ton in 1974.
tleman from Montana.
nizes that the consumer has a great deal
But let us take a look at the profits of
Mr. MELCHER. Mr. Chairman, I
at stake here. The gentleman has ad-
the coal companies. On page 75 of the
would like to say that again we are
dressed that in a most positive fashion.
committee report there are some selected
getting to a proposition that says that
Furthermore, we recall that he said to
profits from coal companies for the third
there will nct be any funds for impact
the gentleman, with the shadow of a
quarter of 1973 versus the third quarter
in the West as we strip the coal out in
smile, that: Every single utility company
of 1974. Here the percentage changes.
our States.
is able to pass through the cost of fuels,
Pittston had a percentage increase of
The gentleman from Pennsylvania
that cost that occurs in the generation
787 percent; Westmoreland Coal Co.
offers us a formula to arrive at some
of electrical energy.
had a 1,242 percent increase; Con-
funds for reclaiming abandoned and
Mr. McDADE. Mr. Chairman, almost
solidation Coal Co. had a 7,860 per-
orphaned land, but in doing so, he
every utility in the country has a direct
cent increase; and Island Creek Coal
knocked out the basis that is carefully
passthrough clause. We have seen those
Co. had a 3,690 percent increase.
worked out in the bill to allow one-half
rates climbing and climbing.
Unless there is a conspiracy to restrain
of the 35-cent-a-ton fee collected by
We. the people of this country, are
trade in the coal industry, adding the
strip mining to remain the area where
getting an energy dividend because we
small additional cost of the reclamation
it is mined, for a State or an Indian
are now using the public lands for the
fee to the cost of producing coal, will not
reservation, to meet the social impacts
production of oil. This is $7 billion in
increase the price. It will simply take a
and to remain in those areas for needs
miscellaneous receipts to the country. It
little slice out of the profits of the coal
such as roads, schools, and health care
is used for any purpose that the Execu-
companies.
and any other facilities that are nec-
tive sees fit, without any real control.
Therefore, we are not necessarily add-
essary for promoting the public good.
If we earmark $200 million, if we es-
ing one dime to the cost to the con-
I therefore have to very vigorously
tablish a stable, reliable fund that avoids
sumer. We are merely producing a slight
oppose the gentleman's amendment. Mr.
increasing costs to any consumer, which
windfall profits tax against these astro-
Chairman, I urge that the House defeat
avoids putting on taxes and avoids, if you
nomical profit increases that the coal
the amendment.
will, any tax injustice by hitting one
companies are experiencing now.
Mr. UDALL. Mr. Chairman, I ask
class of consumers and them alone, we
Mr. McDADE. Mr. Chairman, will the
unanimous consent that all debate on
can get this job done properly.
gentleman yield?
the pending amendment and all amend-
The CHAIRMAN. The time of the gen-
Mr. SEIBERLING. I yield to the gen-
ments thereto close in 10 minutes.
tleman from Pennsylvania (Mr. McDADE)
tleman from Pennsylvania.
The CHAIRMAN. Is there objection
has expired.
Mr. McDADE. Mr. Chairman, I point
to the request of the gentleman from
(On request of Mr. BUCHANAN and by
out to my colleague, the gentleman from
Arizona?
unanimous consent. Mr. McDADE was al-
Ohio (Mr. SEIBERLING), that last year he
There was no objection.
lowed to proceed for 1 additional min-
proposed a $2.50 tax, did he not?
The CHAIRMAN. Members standing
ute.)
Mr. SEIBERLING. I did propose a
at the time the unanimous-consent re-
Mr. BUCHANAN. Mr. Chairman. will
gross reclamation fee of $2.50 per ton.
quest was made will be recognized for
the gentleman yield?
Mr. McDADE. That means nothing to
1 minute each.
Mr. McDADE. I yield to the gentleman
the gentleman?
The Chair recognizes the gentleman
from Alabama.
Mr. SEIBERLING Let me point out
from Utah (Mr. McKAY).
Mr. BUCHANAN. Mr. Chairman, I
that in addition to reclamation of or-
(By unanimous consent, Mr. McKAY
just want to say to the distinguished gen-
phan lands, the proposal allowed as a
yielded his time to Mr. UDALL.)
tleman from Pennsylvania that his elo-
credit against the fee the cost to the
The CHAIRMAN. The Chair recognizes
quence has persuaded me, and I shall
coal operator of coal-mine safety, the
the gentleman from North Dakota (Mr.
vote for the amendment.
cost of reclamation, the cost of severance
ANDREWS)
taxes, so that the actual cost to the coal
Mr. McDADE Mr. Chairman, I thank
Mr. ANDREWS of North Dakota. Mr.
mining company was far, far below $2.50
my colleague most sincerely for his
Chairman, I think it is important to
per ton. It was an effort to have the
support.
point out that the amendment offered
deep-mining industry in the gentleman's
I hope that when it comes time to
by our colleague, the gentleman from
State and elsewhere, by avoiding the
vote, my colleagues from the 33 States
Pennsylvania, is a consumer-oriented
competitive imbalance against deep coal
in this Nation which get virtually all
amendment. At the same time, it is total-
mining that was imposed by the present
their electric power from coal sources
ly cognizant of the need for conservation
coal-mine safety laws.
will take a look at this and see if there is
in this country.
Mr. McDADE. I think the way to do it
an alternative to going back home and
It provides funds for reclaiming old,
is to let it function in a way that does
saying, "Yes, we took 9 billion from you
abandoned strip mined lands, but it does
not add increased costs to the consumer.
when we have got money coming in the
not do it at the expense of the consumer
If the gentleman wants to try to tamper
Treasury now under miscellaneous re-
who is already too heavily overburdened,
with the market forces between surface
ceipts that we can apply to this prob-
and it does not do it at the expense of
and deep-mining in this bill, that is his
lem." Let us remove this pox on some of
urging people to use more coal, which
prerogative, but I do not choose to join
is an abundant energy source in this
our consumers. Let us earmark a small
in it. What I would do is regulate the
percentage of the $7 billion now flowing
country, and away from using the oil
industry, and establish a reclamation
into our Treasury as a miscellaneous re-
and the natural gas that we do not have
fund that will protect the consumer and
in abundance.
ceipt. Let us not constantly draw up the
that will avoid the $9 billion costs under
cost of energy to the American people.
Why, at a time of crisis when the Con-
these figures.
gress is beginning to move itself to solve
H 1814
CONGRESSIONAL RECORD - HOUSE
March 17, 1975
the energy shortage, and we are telling
on this amendment. Let me inform the
ner. But while we proceed to develop new
people to burn more of the fuel that we
gentleman that I also will be as parochial
energy sources, we must not ignore the 1
have. do we want to tax that fuel and,
as everybody else has been. I watched
million acres of abandonded, mine-dem-
in effect. by the taxing vehicle dissuade
the parochialism as far as the mining
aged lands which still scar our country.
people from burning the coal which is
of coal is concerned, and I also watched
While no one disputes the need to
our
n source of energy?
the parochialism of Montana as far as
make a commitment to reclaim aban-
Because it helps resolve the shift from
the economic field is concerned, and also
doned mine lands, the question is how
foreign oil. this is a consumer oriented
the parochialism from the Dakotas.
to fund it. I want to move away from the
amendment, and I hope the House will
So I would ask the gentleman from
taxing concept found in H.R. 25. We re-
support the amendment.
Pennsylvania (Mr. McDADE), why does
jected that concept last year. We said
The CHAIRMAN. The Chair recognizes
the gentleman think that we should take
then: "No tax on coal." But here the coal
the gentleman from New Jersey (Mr.
these funds from the offshore leasing of
tax is back with us again.
HUGHES)
oil when we have not offered one penny
Any tax approach does two things,
(Mr. HUGHES asked and was given
to any State that has oil lying offshore
neither of which we want. First, a tax
permission to revise his remarks.)
that is being drilled, for the damage that
directly increases the cost of coal to the
Mr. HUGHES. Mr. Chairman, I rise in
has been brought on by the offshore
consumer. Under tax approaches, these
opposition to the amendment offered by
drilling?
consumers are asked to shoulder the bur-
the gentleman from Pennsylvania (Mr.
When we are prepared to do that, then
den of 100 years of mining waste. This is
McDADE).
I will be prepared to go along with such
not reasonable.
Mr. Chairman, I did not expect to get
an amendment. I think that we should
Second, any user charge imposed on,
into a discussion about drilling on the
be honest about the damage that has
centive. If the House has recognized the
Outer Continental Shelf, but since my
been brought about by strip mining, and
expanding need for coal as an energy
colleague, Mr. McDADE. has opened the
that is that this damage was brought
source, and I believe it has, how can it
subject up to debate, I would make the
about for the benefit of all the people.
turn around and slap a disincentive on
following points.
I think we ought to be honest about it,
its production? We do not need such in-
The Supreme Court today ruled in fa-
and that we should take the money out
consistencies.
vor of the Federal Government on the
of the general fund, and set up a fixed
The approach of the MCDADE amend-
question of ownership of mineral rights
amount for doing this. But there is abso-
ment is simple. It takes the resource
on the Outer Continental Shelf-the
lutely no way that such an amendment
dividends we are gaining now through
Maine against United States case.
would pass.
our Outer Continental Shelf lands and
To coastal States and, more particular-
The CHAIRMAN. The Chair recognizes
returns a small amount of these funds to
ly, to districts such as New Jersey's Sec-
the gentleman from Colorado (Mr.
reclaim the damage done in gaining an-
ond-which receive billions of dollars a
EVANS).
other energy resource, coal.
year in tourist trade-the Supreme
(Mr. EVANS of Colorado asked and
The McDade amendment provides for
Court ruling has a clear meaning.
was given permission to revise and ex-
funding the abandonded mine reclama-
It is that we are going to have to
tend his remarks.)
tion fund from three sources:
accelerate plans for onshore contingen-
Mr. EVANS of Colorado. Mr. Chair-
First, the sale, lease, or rental of lands
cies to consider adverse onshore eco-
man, due to an oversight, I believe that
reclaimed pursuant to title IV of the
nomic and environmental impact.
if the amendment were to pass it would
committee bill;
That is why I and other representatives
destroy the provision that is already in
Second, and user charge imposed on.
of coastal States have been arguing for
the bill to hold half of the funds for the
or for, land reclaimed pursuant to title
a coastal zone impact fund as well as
beneficial use of all of those areas im-
IV of the committee bill, after expendi-
an offshore oil pollution settlements fund
pacted by the development of various
tures for maintance are deducted; and
to compensate those injured by offshore
coal deposits. Therefore, with regret, I
Third, from up to $200 million appro-
exploration.
withdraw my support for the amend-
priated annually from the Outer Con-
And where are these millions of dol-
ment.
tinental Shelf receipts.
lars to come from? From the same tax
PREFERENTIAL MOTION OFFERED BY MR. CONTE
At the present time, large revenues are
that the gentleman, with good inten-
accruing to the Federal Treasury from
Mr. CONTE. Mr. Chairman, I offer a
tions, wants to divert to reclaim areas
bonus bids and royalties stemming from
preferential motion.
damaged by strip mining.
Outer Contental Shelf lands. These in-
The Clerk read as follows:
Let us treat these questions one at a
creasing revenues represent our national
time. If we are going to talk about strip
Mr. CONTE moves that the Committee do
effort to bring the oil reserves offshore
now rise and report the bill back to the
mining, let us keep to the subject. If
House with the recommendation that the
into production.
we are prepared to shift the focus to
enacting clause be stricken.
These funds are plentiful and avail-
plans for developing the Outer Conti-
able. In fiscal year 1974, $6.8 billion was
nental Shelf, I am willing to discuss that.
The CHAIRMAN. The gentleman from
paid into the Federal Treasury. For this
But let us not talk about slapping a tax
Massachusetts is recognized for 5 min-
year, the revenues may reach $7 billion.
on future Outer Continental Shelf leas-
utes in support of his preferential motion.
These are resource dollars, and they
ing to pay for strip mine reclamation.
(Mr. CONTE asked and was given per-
are general revenues. A small share of
Oil and gas prices are high enough,
mission to revise and extend his re-
these funds is earmarked for the land
Mr. Chairman. without further encour-
marks.)
water conservation fund. We should ear-
aging an additional increase which the
Mr. CONTE. Mr. Chairman, I rise to
mark another small percentage for rec-
passage of this amendment would in-
support the amendment offered by the
lamation of coal lands.
sure. It is especially difficult to justify
the gentleman for Pennsylvania.
Mr. Chairman, a basic problem with
in light of the 800-percent profits some
We do not need a tax on coal. We must
our national energy policy has been a
coal companies enjoy.
reclaim our lands that have been
lack of coordination. To pull the Nation
I am sure that my colleagues from
ravaged. But in reclaiming these lands,
out of the energy hole, we must look at
neighboring Pennsylvania and I will
we should look upon them as an invest-
the total problem.
agree on future bills and amendments.
ment. This is why the use of revenues
Coal cannot and should not be de-
But not this one. Mr. Chairman, I ask
from the sales of offshore lease sales is
veloped independently from other energy
that the amendment be defeated.
important.
efforts.
The CHAIRMAN. The Chair recog-
I say "investing" because we have em-
This amendment is a meaningful step
nizes the gentleman from California
barked upon a national commitment to
forward in a national strategy to invest
(Mr. KETCHUM).
develop our national energy supplies, and
our mineral receipts wisely in a program
(Mr. KETCHUM asked and was given
coal-our most abundant fossil fuel-is
of land reclamation. The concept of an
permission to revise and extend his
a key to such a comment.
abandoned mine reclamation fund is
remarks.)
The bill before the House today estab-
vital to this bill.
Mr. KETCHUM. Mr. Chairman, it has
lishes procedures for the production of
I urge my colleagues to support this
been interesting to listen to the debate
coal is an environmentally sound man-
amendment.
March 17, 1975
CONGRESSIONAL RECORD
1815
Mr. UDALL. Mr. Chairman, I rise in
Mr. MICHEL Mr. Chairman, legisla-
innovative proposal" and he added that
opposition to the preferential motion of-
tion such as this Surface Mining Control
by this approach, "we do not have to
fered by the gentleman from Massachu-
and Reclamation Act forces us, as policy-
fight the howl of the utility companies
setts (Mr. CONTE)
makers, to make choices, and to come
and their customers who say they will
Mr. Chairman. I am not going to take
face to face with the fact that we cannot
have to pay for past sins, and we do not
my 5 minutes. I think we are about
ever hope to achieve all goals which we
have to fight the fight of east against
ready for a vote on the McDade amend-
may feel are desirable.
west, and we do not have to fight the
ment. I want a bill which will end the
We would all like to beautify the en-
fight of deep mines against surface
assault on our land by coal strip mining
ironment, and there can be no doubt
mines."
and make those practices responsible. I
that the existence of strip mines runs
Sixth, if we need reclamation in the
also want an abandoned mines fund, and
counter to that goal. But the use of low-
case of abandoned mines, and this is de-
if the price of getting a strip mining bill
sulfur coal is also in the best interest of
clared as a national policy, which I think
is the McDade formula for financing the
a clean environment, and much of that
it should be, the cost should most pro-
fund, I would support it, as I did last
coal comes from strip mines. Is it then in
perly be borne by the Nation as a whole
year.
the best interest of the environment to
rather than one particular segment.
The hard, cold, practical fact is that
encourage or discourage strip mining?
Seventh, the committee reports points
we have to go to conference on this bill,
The choice is difficult.
to the urgency of the problem and cites
and we are not going to get a bill this
We also have economic and energy
the total cost of rehabilitation as being
year, this spring, as I want, if we load it
goals. We simply must make a better uti-
in the neighborhood of $10 billion. In this
down with this kind of financing that
lization of our coal resources if we are to
regard, it is important to note that the
I supported in the bill we had in the last
reduce our dependence on petroleum as
McDade amendment would provide $200
Congress. The Senate made a number of
an energy source. How does this affect
million a year, compared with only $125
objections, and they are going to be there
the equation?
million throughout the committee's pro-
again. We are going to have to meet
And in these difficult economic times,
posed fee.
them.
we must be ever watchful of the effects
The material referred to follows:
One is that these outer continental
of our actions on employment. In that
CLEAN AIR ACT OF 1970
shelf revenues are not manna from
regard, we must be careful not to cause
BACKGROUND
heaven that drops down at the rate of
undue problems for our industries, prob-
$900 million a year that go into the Fed-
lems which would tend to further exac-
Prior to 1970, a variety of legislation, both
eral fund. If they are expended for spe-
erbate their current difficulties, and lead
federal and state, sought to clean up the
nation's air. Voluntary response was antici-
cific purposes, they are not there for the
to greater unemployment.
pated by most of these laws. By 1970, even
deficit or to use for other purposes. There
In that regard, I was interested to
though some improvement had been ac-
is competition for these OCS funds.
meet last week with a delegation of offi-
complished, government and its agencies had
Right now we drain $400 million a year
cials from the Caterpillar Tractor Co.,
labelled progress as unsatisfactory; industry
for the Land and Water Conservation
the largest employer in my district, and
had moved too slowly. It was about this time,
Fund, and I support that, and to the ex-
a company which has been working dili-
too, that public sentiment, undoubtedly in-
tent we are adding $200 million more,
gently to meet its environmental respon-
fluenced by the social programs of the John-
we are competing. And beyond this, and
son Administration, strongly supported
sibilities. They have prepared a study of
stricter regulation of pollution sources. S1-
more importantly, the Coastal States are
the effects of the Clean Air Act of 1970
multaneously, other developed nations
very bitter about this, and it has been al-
on their operations, and as much of it
around the world began reassessing the en-
ready expressed here this afternoon.
bears on our discussion today, I should
vironmental impact of an industrialized so-
They say here they have these tremen-
like to have it appear at the conclusion
ciety. In some cases; e.g., Japanese waters,
dous impacts from offshore drilling, tre-
of my remarks addressed specifically to
it was realized that polluting by one indus-
mendous impacts on their roads, on their
this amendment.
try could have deleterious effects on another
highways, on their schools, and support
when exceedingly high mercury levels forced
Mr. Chairman, I support the McDade
curtailment of the country's fishing industry.
services, yet they are getting nothing out
amendment to abolish the proposed rec-
In general, however, the appeal was for
of these revenues.
lamation fee of 35 cents a ton on sur-
"quality of life" rather than for economic
Here we are from the coal-produc-
faced-mined coal and 10 cents a ton on
benefit, and a prosperous world economy
tion States, coming in and putting a tax
deep-mined coal, and to finance the
made prospective costs seem reasonable to
on the revenues from offshore oil pro-
Abandoned Mine Reclamation Fund with
legislators. Environmental control became
duction in order to repair some of the
$200 million per year from Outer Con-
the watchword of the public as long as some-
ravages in the coal-mining States.
one else, mostly "industry," was paying the
tinental Shelf leasing revenues.
And so they are simply not going to be
bill. The fact that the public would ulti-
ARGUMENTS IN SUPPORT OF AMENDMENT
mately bear the cost was not widely under-
receptive.
The committee did the responsible
First, at a time when we are passing
stood.
thing and did the necessary thing by cut-
tax reduction legislation in an effort to
In 1970, "Clean Air Act" amendments were
stimulate the economy, it seems highly
passed as a response to this pressure. This
ting back the fund. We have cut it back
law requires the Environmental Protection
from $200 million to about $130 million.
inconsistent that we should be talking
Agency (EPA) to establish national ambient
The financing is not burdensome and it
here about tax increases.
air quality standards specifying the max-
is not going to drive up the utility costs,
Second, both bodies of Congress passed
imum permissible atmospheric levels of
or it is not going to cause inflation or do
legislation seeking to prohibit the Presi-
specified pollutants. "Primary" standards set
any of the things that have been talked
dent's oil import tax, obstensibly because
an air quality level designed to prevent dam-
about.
of its inflationary impact, yet the com-
age to human health. "Secondary" stand-
I think the sensible way for the people
mittee now proposes a similar tax on
ards are aimed at protecting the public wel-
fare. (The EPA was formed by combining
who want a strip mining bill and who
coal.
agencies and units from 15 existing govern-
want a good bill that will do something
Third, it is even further incongruous
ment departments, only four weeks before
in the next 40 or 50 years about aban-
that at the same time Congress rejected
the Clean Air Act was signed into law. EPA is
doned land is to support the bill and vote
a tax on the fuel we are trying to cur-
an independent agency whose head reports
down the preferential motion.
tail-oil-it is being urged to accept a tax
directly to the President.)
The CHAIRMAN. The question is on
on the one fuel we have in abundance-
Major responsibility for enforcing these
the preferential motion offered by the
coal.
clean air standards has been assigned to the
states. Under the 1970 act, each state was
gentleman from Massachusetts (Mr.
Fourth, at a time when many Ameri-
required to develop a federal EPA-approved
CONTE)
cans are becoming financially pinched
plan calculated to achieve the primary
The preferential motion was rejected.
by higher and higher electric bills, it does
ambient air quality standards by mid-1975.
The CHAIRMAN. The Chair recog-
not make sense to further add to utility
(The actual date varies slightly from state
nizes the gentleman from Illinois (Mr.
bills regardless of what the addition
to state, depending upon when EPA approved
MICHEL)
amounts to. If anything, we need move-
the respective plans.) Under each state's
(Mr. MICHEL asked and was given
ment in the opposite direction.
plan, limits must be set on emissions of pol-
lutants
SO that EPA-defined national air
permission to revise and extend his re-
Fifth, Mo UDALL on the floor last year
quality standards may be achieved. In ad-
marks.)
called the McDade amendment a "very
dition, national (rather than state) emission
H 1816
CONGRESSIONAL RECORD
March 17, 1975
standards govern twelve categories of new
not be developed to meet the national re-
all material respects the same as the proto-
stationary sources, and all sources of certain
quirements in time. And no one who has wit-
types tested. Further, there is a useful life
hazardous pollutants (vis., asbestos, beryl-
nessed the flasco that large-scale grain move-
requirement that an engine comply with the
Hum and mercury), motor vehicles and
ments made of our national transport system
regulations for 100,000 miles, 5 years, or 3000
fuels.
in the last few years seriously believes that
hours, whichever first occurs, providing that
the Clean Air Act became law. Con-
we are logistically prepared to move the low
the engine receives the manufacturer's rec-
gre.
id the EPA have shown at least some
sulfur coal once it is mined.
ommended maintenance.
flexibility in changing and interpreting the
The "clean fuel deficit" could be consider-
As time goes on there is an increase in
law and regulations to confront altered cir-
ably eased. although possibly not eliminated.
complexity and cost of certification.
cumstances. For example, as noted by the
by the use of scrubbers. Major coal burners
EPA in also considering the classification
Council on Environmental Quality. events of
(primarily electric utilities) contend that
of reciprocating engines used in stationary
the 1973- 74 winter made it clear that "energy
scrubbers are not technologically advanced
applications as a source requiring air pollu-
policy and air pollution policy are inseparably
enough to do the job. Putting aside this
tion control
even though preliminary
related." Recognizing this relationship, in
contention, however, the fact remains that
evidence shows the total emissions of vari-
late 1973
just five days before the Arab
even If the technology exists, there simply
ous oxides of nitrogen to be only about 1½
oll embargo
EPA instituted a short-term
aren't enough scrubbers to go around. The
of the U.S. total. If adopted, it will require
variance procedure for certain states heavily
Council on Environmental Quality, in its
the application of "best emission control
dependent on imported oil for the generation
Fifth Annual Report, has pointed out "the
technology available" to millions of engines.
of electricity,
impossibility of having stack gas cleaning
Under consideration are very small gaso-
The agency also identified power plants
technology fully operational in more than a
line engines, such as those powering lawn
that could convert to coal with less environ-
few of the powerplants requiring major SO,
mowers, on up to large power plant size
mental risk. Later the Congress passed the
reduction" until after the deadlines imposed
Caterpillar diesels.
"Energy Supply and Environmental Coordi-
by the Clean Air Act have passed. There is
Once EPA has decided that engines of this
nation Act of 1974" also in response to
also concern over disposal of the sludge
sort constitute a stationary source pollution
the energy crisis. This act encourages the
created by current scrubber chemical proc-
category, no consideration will be given to
use of coal and the development of coal
esses.
their geographic location or to their impact
mines and prohibits some industrial use of
A more basic solution would be to effect
on local air quality.
natural gas or petroleum products for gen-
controls only where needed. The designation
The regulations will affect the user direct-
eration of power. In addition, it requires the
by EPA of many areas of the country as hav-
ly, but since he has no way of demonstrating
EPA to review all state emission regulations
ing sulfur dioxide and particulate levels above
compliance, it is anticipated that the bur-
to determine If they are stricter than neces-
primary standard levels was on the basis of
den will fall on the manufacturer. Costs
sary, as compared to the ambient air stand-
information of debatable value. Adequate
cannot be accurately predicted without
ards.
monitored data was not available. Substan-
knowing what emission limits will be ap-
Environmental concerns over the burning
tial amounts of reliable data have been ac-
plied and what procedures will be required
of coal is caused in part by the sulfur dioxide
cumulated since the original EPA rulings.
for demonstrating compliance. However, the
(SO.) emissions. A recently completed study
Where it can be irrefutably shown that con-
costs are expected to far outweigh the emis-
by the Department of Health, Education and
trols are not required, the implementation
sion reduction benefits.
Welfare, as reported by the National Institute
rules should be amended. Should this occur,
relaxation could be more widespread than
ECONOMIC IMPACT
of Environmental Health Sciences, empha-
sized that SO alone is of relatively low
might be expected.
Complicating all of these factors is the
toxicity. The study suggested that danger to
Acknowledging the conflict between en-
heavy, "non-productive," investment re-
health arises when SO, is converted into sul-
ergy conservation objectives (use more coal)
quired to comply with EPA guidelines. Sen-
fates or sulfuric acid and that this conver-
and Clean Air Act mid-1975 deadline, Presi-
ator Proxmire recently called attention to
sion is caused by sunlight, photochemical
dent Ford, in his State of the Union message,
estimates of 1972-1981 pollution control ex-
oxidants. or the catalytic effect of certain
and the more detailed January 30, 1975
penditures of $274 billion. The Council on
particulates in the air. The study concluded
amendatory proposal to Congress, called for
Environmental Quality estimate for the 1973-
by stating "that since these processes are not
allowing use of intermittent controls and
1982 period is $325 billion
of
which
$142
fully understood, and since epidemiological
other methods up to 1985 for limited sources
billion, or 44 percent, is accounted for by cap-
studies of health effects are still incomplete,
in order to allow time to achieve tech-
ital investment and operation/maintenance
that further scientific information will be
nological development that would result in
of air pollution abatement. But the environ-
required to either validate the present stand-
energy-self-sufficiency and a wholesome en-
mentalists argue that the costs of not con-
ards or justify alteration in these standards."
vironment. His proposal. however, left the
trolling air pollution are also high. EPA,
bulk of sulfur dioxide and particulate sources
for example, argues that over $6 billion a
CURRENT PROBLEMS
without a solution to this compliance prob-
year is incurred in sickness, lost time, medi-
As the mid-1975 deadline for emission
lem.
cal bills and premature death
all
as
a
standards nears, it has become apparent that
President Ford has also asked the Con-
result of air pollution. Adding in an esti-
numerous sources around the country will be
gress for an amendment to clear up a sec-
mated $0.1 billion annual impact on crops
unable to comply with EPA standards. Two
ond major problem of the Clean Air Act: the
and vegetation. and $10 billion annually for
factors are the key elements here: a shortage
"non-degradation" and "significant deteri-
damage to materials and residential prop-
of clean fuel and non-availability in mer-
oration" issue. Briefly stated. courts have in-
erty, results in an estimated cost of not
chantable quantities of flue gas desulfuriza-
terpreted the law to mean that states having
abating polluted air at just over $16 billion
tion systems (commonly labelled "scrub-
regions with air cleaner than secondary am-
annually. In addition, EPA argues that en-
bers")
bient air quality standards may not allow
vironmental investment is "productive" in
Termed the "clean fuel deficit," authorities
significant deterioration of the air. Court
that thousands of new jobs will be created
proclaim that there is an insufficient supply
battles continue over the issue of definition.
to resolve our problems. Many authoritative
of low sulfur coal for all sources to meet 1975
It is easy to see that literal interpretation
analysis regard the EPA arguments as over-
standards without use of scrubbers, inter-
of the act could render whole states unavail-
simplified. They point to a recent EPA-com-
mittent control systems. or other forms of
able for significant industrial development.
missioned analysis (by Chase Econometrics)
direct control of atmospheric SO,, levels. The
If the present rules and regulations promul-
which forecasts a reduced annual investment
clean fuel deficit is estimated by EPA and
gated by the EPA as a result of the court
in productive plant and equipment of almost
others at 200 to 250 million tons this year
order to assure non-degradation remain in
forty cents for every dollar spent on pollu-
alone
or roughly the same amount as the
force, then the Clean Air Act may determine
tion control.
supply of "clean" coal presently being mined.
where plants are built, where highways are
At the same time, energy self-sufficiency. an
built. and even where parking lots are built
IMPACT ON CATERPILLAR
avowed national goal, dictates that coal pro-
and how large they will be. Lack of res-
Caterpillar operates several coal-burning
duction will have to be increased markedly
olution of this issue will certainly affect
heating plants. Illinois plants burn local
in the next few years. The National Coal As-
delay investment decisions. Congress has-
coal
which has a moderately high sulfur
sociation estimates that over 250 additional
perhaps inadvertently-created a national
content (2.5-3.5%). A prototype flue gas
mines will be needed
with 125,000 new
land-use bill.
desulfurization system (scrubber) was re-
miners, four new 1,000-mile slurry pipelines,
Caterpillar products are also affected. As a
cently placed in operation at Joliet, and in-
8,000 new locomotives and 150,000 new gon-
builder of diesel truck engines, we are re-
stallation of another system is under way
dola. hopper cars and many miles of track
quired to obtain certification of engines for
at Mossville. Also, scrubbers require large
rebuilding. Obviously, coal from these new
sale in new, heavy duty motor vehicles. At
crews to operate around the clock, use great
mines, in many cases being located in iso-
first the EPA regulations covered smoke only.
quantities of chemicals and produce tons
lated parts of the country. is going to be more
Since January 1, 1974, regulations have also
of sludge each day:
expensive than much of that presently being
included gaseous emissions.
These systems have not been fully tested
used.
Besides obtaining and keeping valid cer-
nor are units of this type available in mer-
Even If the Congress and the Administra-
tificates to cover the engine families sold, a
chantable quantities to meet the present
tion were today to resolve their differences
manufacturer has to practice and keep rec-
market demand. Unless the act is amended
over regulation of stripmining of govern-
ords of his quality control measures to con-
to clarify the state's right to grant vari-
ment-owned lands in the West, mines could
vince the EPA that engines shipped remain in
ances beyond the mid-1975 deadline, three
March 17, 1975
CONGRESSIONAL RECORD - HOUSE
H 1817
Caterpillar Illinois plans will be among those
volved in the mining and energy develop-
de la Garza
Jordan
Pepper
whose continued operation will be in ques-
ment. It is very necessary that we have
Delaney
Karth
Pickle
Dellums
Kastenmeler
Pike
Hon This problem 1:. complicated by the
that. The McDade amendment unfortu-
Diggs
Kazen
Poage
fact that 11, takes nearly three years to de-
nately would eliminate that provision
Dingell
Kelly
Pressler
sign, construct and place SO₂ removal sys-
from the bill, so I must vigorously op-
Downey
Kemp
Preyer
tems in service once the criteria for design
Drinan
Ketchum
Price
has been established.
pose the amendment.
Duncan, Oreg.
Keys
Rangel
The CHAIRMAN. The Chair recog-
du Pont
Kindness
Rees
CARERPILLAR POSITION
nizes the gentleman from Arizona (Mr.
Eckhardt
Koch
Reuss
Caterpillar has long supported efforts to
Edgar
Krebs
Richmond
UDALL).
improve and protect the environment in
Edwards, Calif.
Krueger
Riegle
which we live and work. Prototype scrub-
Mr. UDALL. Mr. Chairman, I ask for
Eilberg
LaFalce
Rinaldo
a vote on the amendment.
Emery
Lagomarsino
Roberts
hers at Joliet and Mossville are among the
English
Leggett
Rodino
first in the nation, but it remains to be de-
The CHAIRMAN. The question is on
Evans, Colo.
Lehman
Roe
termined whether they will be effective and
the amendment offered by the gentleman
Evins, Tenn.
Levitas
Rogers
the best system for removal of SO2. Cater-
from Pennsylvania (Mr. McDADE).
Fascell
Litton
Roncalio
pillar. being among the first scrubber users.
Fenwick
The question was taken; and the
Lloyd, Calif.
Rostenkowski
Fisher
will install them at our other plants which
Lloyd, Tenn.
Roush
Chairman announced that the noes ap-
Fithian
Long, Md.
Roybal
utilize high sulfur coal. or alternatively use
peared to have it.
Florio
Lott
Runnels
the preferred method (if other than scrub-
Foley
McCollister
Russo
bers) as soon as such determination is made.
RECORDED VOTE
Ford, Mich.
McCormack
Ryan
Due to the problems with this legislation
Mr. McDADE. Mr. Chairman, I de-
Ford, Tenn.
McFall
St Germain
as it is now written (inflexible mid-1975
Fountain
McHugh
Sarasin
mand a recorded vote.
Fraser
deadline, lack of recognition of control meth-
McKay
Scheuer
A recorded vote was ordered.
Frenzel
Macdonald
Schroeder
ods
other than scrubbers, and the non-
The vote was taken by electronic de-
Frey
Madden
Sebelius
degradation issue) Caterpillar believes the
Fulton
Maguire
Seiberling
only realistic alternative is amendment of
vice, and there were-ayes 140, noes 250,
Fuqua
Mahon
Sharp
the Clear Air Act. We generally support the
not voting 42, as follows:
Giaimo
Mann
Shipley
principles set forth in President Ford's pro-
Gibbons
Matsunaga
Sikes
[Roll No. 55]
Gonzalez
Mazzoli
Simon
posals. We favor an amendment that would
permit each state to grant variances - with
AYES-140
Gradison
Meeds
Sisk
Green
Melcher
Solarz
variances requiring a source-by-source com-
Abdnor
Ginn
Nix
Gude
Metcalfe
Spellman
mitment to an "affirmative action" type com-
Andrews,
Goldwater
Ottinger
Haley
Meyner
Stark
pliance plan. with attainment of emission
N. Dak.
Goodling
Perkins
Hall
Mezvinsky
Steed
Ashbrook
control standards by the earliest possible
Grassley
Pritchard
Hamilton
Mikva
Steelman
Barrett
Guyer
Quie
date
with à mid-1985 absolute deadline.
Hanley
Milford
Stokes
Bauman
Hagedorn
Quillen
Hannaford
Miller, Calif.
Studds
Under present law we have reluctantly
Beard. Tenn.
Hammer-
Railsback
Harkin
Mineta
Sullivan
adopted the scrubber concept in the absence
Bennett
schmidt
Randall
Harris
Minish
Symington
of any other acceptable control methods for
Bevill
Hansen
Regula
Hawkins
Mink
Taylor, N.C.
our application. We will seek flexibility in
Biester
Harsha
Rhodes
Hayes, Ind.
Mitchell, Md.
Teague
Brinkley
Hastings
Robinson
the law to allow whatever type of control
Hays, Ohio
Moakley
Thone
Broomfield
Heckler, Mass.
Rooney
system is best suited (on a case-by-case
Hechler, W. Va.
Moffett
Traxler
Brown, Mich.
Hillis
Rousselot
Heinz
Moore
Tsongas
basis) to satisfy the primary and secondary
Brown, Ohio
Hinshaw
Ruppe
Helstoski
Moss
Udall
ambient air quality standards. We also be-
Broyhill
Holt
Santini
Henderson
Mottl
Ullman
lieve that any requirement of air quality
Buchanan
Horton
Satterfield
Hicks
Murphy. Ill.
Van Deerlin
more stringent than primary and secondary
Butler
Hutchinson
Schneebeli
Hightower
Myers, Pa.
Vander Veen
Carter
Hyde
Schulze
standards (except for a few pristine areas
Holland
Neal
Vanik
Cederberg
Ichord
Shriver
that have nationally recognized public val-
Holtzman
Nedzi
Vigorito
Chappell
Jeffords
Shuster
Howard
Nolan
Weaver
ue) is indefensible, and that the "significant
Clancy
Johnson, Pa.
Slack
Howe
Nowak
White
deterioration" issue should be resolved by SO
Clausen,
Jones, Ala.
Smith, Iowa
Hubbard
Oberstar
Wiggins
amending the Act.
Don H.
Jones, N.C.
Smith, Nebr.
Hughes
Obey
Wirth
Caterpillar is working with state and fed-
Clawson, Del
Kasten
Snyder
Hungate
O'Hara
Wright
Cleveland
Latta
eral government in order to bring about
Spence
Jacobs
O'Neill
Wylie
Cochran
Lent
Staggers
these necessary changes and in a way that
Jenrette
Passman
Yates
Conable
McClory
Stanton,
Johnson, Calif.
Patman
Young. Fla.
will most practically contribute to achieve-
Conte
McCloskey
J. William
Johnson, Colo.
Patten
Young. Tex.
ment of our national environmental objec-
Coughlin
McDade
Steiger, Ariz.
Jones, Okla.
Patterson. Calif.Zablocki
tives.-Public Affairs Department.
Crane
McDonald
Stephens
Jones, Tenn.
Pattison, N.Y.
Zeferetti
Daniel, Robert
McEwen
Stratton
The CHAIRMAN. The Chair recog-
W., Jr.
McKinney
Stuckey
NOT VOTING-42
nizes the gentleman from Ohio (Mr.
Dent
Madigan
Symms
Addabbo
Gilman
Skubitz
Derrick
Martin
Talcott
SEIBERLING)
Alexander
Harrington
Stanton,
Devine
Mathis
Taylor, Mo.
Andrews, N.C.
Hébert
James V.
Mr. SEIBERLING Mr. Chairman, we
Dickinson
Michel
Thornton
Bell
Hefner
Steiger, Wis.
have heard some more rhetoric about
Downing
Miller, Ohio
Treen
Bergland
Jarman
Thompson
Duncan, Tenn.
Mitchell, N.Y.
how this is going to add to the costs of
Vander Jagt
Biaggi
Landrum
Waggonner
Early
Mollohan
Walsh
Bonker
the consumers. I will simply cite the facts
Long. La.
Waxman
Erlenborn
Montgomery
Wampler
Brademas
Lujan
Wilson,
in the committee report which I have
Esch
Moorhead,
Whalen
Burgener
Mills
Charles H.,
Eshleman
Calif.
already alluded to, to show that the tre-
Whitehurst
Burke, Fla.
Moorhead, Pa.
Calif.
Findley
Morgan
Whitten
mendous escalation of the price in coal
Casey
O'Brien
Wilson,
Fish
Mosher
Wilson, Bob
Collins, Ill.
Peyser
Charles, Tex.
in the last few years is such that if we
Flood
Murphy, N.Y.
Winn
Derwinski
Risenhoover
Wolff
do have a free market in coal-and I
Flowers
Murtha
Wydler
Dodd
Rose
Young, Ga.
Flynt
Myers, Ind.
Yatron
must say there is some doubt whether we
Edwards, Ala.
Rosenthal
Forsythe
Natcher
Young, Alaska
Evans, Ind.
Sarbanes
do-then this is not going to add to the
Gaydos
Nichols
cost to the consumers. This will be in the
So the amendment was rejected.
NOES-250
form of a reduction of the windfall
The result of the vote was announced
Abzug
Bingham
Byron
profits that the coal companies are pres-
Adams
Blanchard
Carney
as above recorded.
ently earning.
Ambro
Blouin
Carr
AMENDMENT OFFERED BY MR. REGULA
The CHAIRMAN. The Chair recog-
Anderson,
Boggs
Chisholm
Calif.
Boland
Clay
Mr. REGULA. Mr. Chairman, I offer
nizes the gentleman from Montana (Mr.
Anderson, III.
Bolling
Cohen
an amendment.
MELCHER)
Annunzio
Bowen
Collins, Tex.
The Clerk read as follows:
Archer
Breaux
Conlan
Mr. MELCHER. Mr. Chairman, I
Armstrong
Breckinridge
Conyers
Amendment offered by Mr. REGULA: At
would remind the Committee that we
Ashley
Brodhead
Corman
page 195, line 2, strike the period at the end
have worked out a bill which says half
Aspin
Brooks
Cornell
of the sentence and add: "; Provided, how-
the funds collected from the 35-cents-
AuCoin
Brown, Calif.
Cotter
Badillo
ever, That any operator of a coal mining op-
Burke, Calif.
D'Amours
per-ton fee on strip mined coal are to be
Bafalis
Burke, Mass.
Daniel, Dan
eration who is liable under any law of the
returned to the States and Indian res-
Baldus
Burleson, Tex.
Daniels,
United States for payments to any Federal
ervations for the social impact and to
Baucus
Burlison, Mo.
Dominick V.
fund for the reclamation of coal-mined land
Beard. R.I.
Burton, John
Danielson
meet the needs of the people who are in-
may take as a credit against the amount of
Bedell
Burton, Phillip
Davis
such payment due in any year the amount
H 1818
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
of any reclamation fee or severance tax for
Mr. SEIBERLING. Mr. Chairman, will
Mr. MELCHER. I would be delighted
abandoned mined lands paid to the State
the gentleman yield?
to yield to the gentleman from Arizona.
during that year. Such credits shall not ex-
Mr. REGULA. I yield to the gentle-
Mr. UDALL. Mr. Chairman, I have
ceed one-half of the amount payable to the
man from Ohio.
spoken to the gentleman from Ohio, and
United States in any year.
"11) The term 'reclamation fee' includes
Mr. SEIBERLING. Mr. Chairman, I
I am inclined to accept his amendment
an e, license. permit. or other charge for
would like to ask the gentleman whether
with the understanding that it do exactly
the purpose of reclaiming, rehabilitating.
there is any guarantee in this amend-
what it is intended to do, to bring the
revegetating, reforesting. or otherwise re-
ment that the reclamation fee or sev-
States into a larger role, and permitting
pairing lands eligible under section 403.
erance tax, which would be a credit, will,
them to do the reclamation. However, if
"(2) The term 'severance tax' includes any
in fact, be spent within the State for
this amendment has a detrimental im-
tax, fee, or levy charged for or applied to
the purposes set forth in this bill; name-
pact on the gentleman's State for the
the extraction or severance of coal from
ly, reclamation?
purposes provided in title IV, then I
the ground for purposes in section 403.
Mr. REGULA. Yes. I worked out the
would want to correct that in the con-
(3) Funds credited pursuant to this
section shall be considered as part of the
language with the gentleman from Ari-
ference, and I can assure the gentleman
funds to be spent in that State by the Sec-
zona (Mr. UDALL) to insure that any
from Montana on that.
retary as provided in subsection 3(e).
moneys levied by the State would have
Mr. MELCHER. I thank the gentle-
to be used for reclamation, by putting
man.
(Mr. REGULA asked and was given
limiting language, in the amendment.
The CHAIRMAN. The question is on
permission to revise and extend his
The amendent language says "For pur-
the amendment offered by the gentleman
remarks.)
poses in section 403," in essence. If the
from Ohio (Mr. REGULA).
Mr. REGULA. Mr. Chairman. the
gentleman will look at section 403 in the
The amendment'was agreed to.
thrust of this amendment is to achieve
bill you will find that this section re-
AMENDMENTS OFFERED BY MR. VIGORITO
what this bill has been billed as, and
lates to reclaiming of lands only.
that is "State lead bill." The legislation
Mr. VIGORITO. Mr. Chairman, I offer
Mr. SEIBERLING. If I understand it,
before this body is designed to encourage
two amendments, and ask unanimous
the gentleman's amendment says that it
the States to develop good reclamation
consent that they be considered en bloc.
will be credited against the amount of
practices and if the States fail to do so,
The Clerk read as follows:
any reclamation fee or severance tax for
the Federal role in reclamation would be
Amendments offered by Mr. VIGORITO: Title
abandoned mine lands paid to the State
IV, section 401 (e) page 195, line 9, after the
expanded.
during the year.
word "titles:" insert: "after receiving and
My amendment proposes to give the
I would think it ought to say, at least
considering the recommendation of the Gov-
States an incentive to accomplish recla-
for reclamation of abandoned mine lands
ernor of that State or head of the governing
mation of orphaned lands on their own.
"In accordance with the purposes set
body of that tribe having jurisdiction over
The basic objective of this amendment
forth in this title."
that reservation, as the case may be:".
is that if a State develops a program
Title IV, section 405(a) (6), page 204, line 1,
Mr. REGULA In my judgment, the
of reclamation for orphaned lands. the
insert after the word "Federal," the words,
language is limiting enough to assure
funds levied by a State in the form of
"or State".
that any funds that are acquired by a
a severance tax or a reclamation fee for
State will be used for the reclamation
The CHAIRMAN. Is there objection to
that purpose would be deducted from
of orphaned lands. The goal of this
the request of the gentleman from
any moneys owed by the mining oper-
amendment is to give them an incentive
Pennsylvania?
ators to the Federal Government for the
to take the lead in reclamation of or-
There was no objection.
fees provided in this bill.
phaned lands.
(Mr. VIGORITO asked and was given
The objective of my amendment is to
encourage the States to levy a modest
Mr. SEIBERLING. Mr. Chairman, I
permission to revise and etxend his
thank the gentleman.
remarks.)
fee, either by way of a severance tax
Mr. VIGORITO. Mr. Chairman, the
and/or a reclamation fee, to be used
Mr. MELCHER. Mr. Chairman, will
amendments I am offering merely give
solely for the reclaiming of orphaned
the gentleman yield?
the Governors of the various States some
lands existing in that State. To insure
Mr. REGULA. I yield to the gentleman
input into the program of expenditures
that the Federal fund would not be fully
from Montana.
of the reclamation fund. In the legisla-
eroded by this provision, I limit the
Mr. MELCHER. Mr. Chairman, is it
tion now before us the Secretary of the
amount that the operator could charge
the gentleman's intent that since half of
Interior has authority to spend these
off for a State tax to not more than one-
the fund collected would remain in the
funds with 50 percent being spent in the
half of that amount owed under the
State or Indian reservation to meet so-
State of origin.
Federal fee, as provided in this bill.
cial impacts, if a State such as Montana
The critical words in this amendment
This gives the State an incentive to
enacts a law on its own to help meet
are "receiving" and "considering", which
do the job of reclamation with a State
those social impacts, that additional
simply insures that the Governors shall
program. The States should know what
State tax would be used as a credit
submit recommendations and the Secre-
would be the best way to reclaim lands
against the fund?
tary will receive and consider these rec-
within their borders. Certainly it fits
Mr. REGULA No. My understanding
ommendations prior to determining in
in with the concept of land-use planning
is that if the State levies a tax for the
what manner the funds are to be spent.
on the part of the States by encouraging
reclamation of orphaned land, that only
Surely reclamation funds must be
them to develop reclamation programs
would be a credit against the Federal
spent within the guidelines that are al-
that fit their particular land-use needs,
fees provided in the bill.
ready established within the act. Under
both in terms of the State and/or the
Mr. MELCHER. Mr. Chairman, I move
the amendment, presently under discus-
local community.
to strike the requisite number of words.
sion, it will simply give the Governors
This amendment would provide a very
I just wanted to conclude my thoughts
additional input. The Secretary will re-
strong incentive to the States to develop
that in reading the language and noting
tain the final authority as to which proj-
a program in cooperation with the local
the intent of the gentleman from Ohio,
ect shall be approved.
community for reclaiming orphaned
I have no problem in particular with the
It is my belief that this amendment
lands and putting the reclaimed lands
amendment However, I would want to
is acceptable to the managers of the bill
to a use for the people who live in the
state very clearly that if it in any way
on both sides of the asile. As a result,
locality involved. Absent any program
diluted the amount of the fund that
I think that this section will contribute
on the part of the State, there would
would be available for social impact in
to the beneficial and effective use of the
then be a continuing reclamation pro-
areas that are undergoing strip mining
reclamation fund.
gram by the Federal Government.
or energy development, I would want to
I have a letter here which I wish to in-
I urge the Members to give the States
have the conference committee address
clude, from the National Governors'
an opportunity, through this amend-
that problem and correct it in confer-
Conference:
ment, to meet their own reclamation re-
ence.
DEAR REPRESENTATIVE VIGORITO: The Na-
quirements for orphaned lands and to
Mr. UDALL. Mr. Chairman, will the
tional Governors' Conference supports your
take the lead in these programs.
gentleman yield?
amendment to the Surface Mining Control
March 17, 1975
CONGRESSIONAL RECORD HOUSE
1819
and Reclamation Act of 1975 which would
Federal Register and afforded interested per-
the date of enactment of this Act, all opera-
require the Secretary of Interior to consider
sons and State and local governments a
tors of surface coal mines in expectation of
the recommendations of Governors in the
period of not less than forty-five days after
operating such mines after the date
expenditure of revenues in their States from
such publication to submit written com-
of approval of a State program, or the
the proposed abandoned coal intue reclama-
ments thereon:
implementation of a Federal program. shall
Non Fond
(13) obtained the written concurrence of
file an application for a permit with the
it 12 extremely Important Visal the 11:
the Administrator of the Environmental Pro-
regulatory authority. such application to
of affected Governors be considered to
tection Agency with respect to those regula-
cover those lands to be mined after the date
promote the most efficient and effective use
tions promulgated under this section which
of approval of the State program. The regu-
of these funds to implement the policies of
relate to air or water quality standards pro-
latory authority shall process such applica-
Congress.
mulgated under the authority of the Federal
tions and grant or deny a permit within six
Water Pollution Control Act, as amended (33
months after the date of approval of the
Sincerely.
JAMES L. MARTIN,
U.S.C. 1151-1175). and the Clean Air Act,
State program, but in no case later than
Director, State-Federal Affairs.
as amended (42 U.S.C. 1857) and
thirty months from the date of enactment
(C) held at least one public hearing on
of this Act.
Further on the first amendment, as
the proposed regulations.
(f) No later than one hundred and thirty-
read by the Clerk, the amendment that
The date, time, and place of any hearing
five days from the date of enactment of this
I am offering would broaden the scope
held on the proposed regulations shall be
Act, the Secretary shall implement a Federal
of expertise the Secretary can utilize in
set out in the publication of the proposed
enforcement program which shall remain in
regulations. The Secretary shall consider all
effect in each State in which there is sur-
preparing specifications for the reclama-
tion of lands. In the legislation under
comments and relevant data presented at
face coal mining until the State program has
been approved pursuant to this Act or until
consideration the Secretary is authorized
such hearing before final promulgation and
publication of the regulations.
a Federal program has been implemented
to use the specialized knowledge or ex-
pursuant to this Act. The enforcement pro-
pertise of any Federal department or
Mr. UDALL (during the reading). Mr.
gram shall-
agency, and I think this is fine. It would
Chairman, I ask unanimous consent that
(1) include inspections of surface coal
simply expand the Secretary's sources of
title V be considered as read, printed in
mine sites which shall be made on a random
information to be utilized when he is
the RECORD, and open to amendment at
basis (but at least one inspection for every
site every three months). without advance
preparing specifications for the reclama-
any point.
notice to the mine operator and for the pur-
tion of lands. I should emphasize that
The CHAIRMAN. Is there objection
pose of ascertaining compliance with the
it is still the Secretary's choice to seek
to the request of the gentleman from
standards of subsection (b) above. The Sec-
the expertise from whom he wishes.
Arizona?
cretary shall order any necessary enforce-
I should emphasize that it is still the
Mr. ROUSSELOT. Mr. Chairman, I
ment action to be implemented pursuant to
Secretary's choice to seek the expertise
object.
the Federal enforcement provision of this
from whom he wishes. I believe that the
Mr. UDALL. Mr. Chairman, I ask
title to correct violations identified at the
amendment is acceptable to the man-
unanimous consent that section 501 be
inspections;
(2) provide that upon receipt of inspection
agers of the bill. The additional source of
considered as read, printed in the REC-
reports indicating that any surface coal min-
information about abandoned mine
ORD, and open to amendment at any
ing operation has been found in violation of
reclamation will be extremely beneficial
point.
section (b) above, during not less than two
to a successful reclamation program.
The CHAIRMAN. Is there objection to
consecutive State inspections or upon re-
Mr. UDALL. Mr. Chairman, will the
the request of the gentleman from Ari-
ceipt by the Secretary of information which
gentleman yield?
zona?
would give rise to reasonable belief that such
Mr. VIGORITO. I yield to the gentle-
There was no objection.
standards are being violated by any surface
man from Arizona.
The CHAIRMAN. Are there amend-
ocal mining operation, the Secretary shall
order the immediate inspection of such op-
Mr. UDALL. I thank the gentleman for
ments to section 501? If not, the Clerk
eration by Federal inspectors and the neces-
yielding.
will read.
sary enforcement actions, if any, to be im-
Mr. Chairman, we have examined these
The Clerk read as follows:
plemented pursuant to the Federal enforce-
amendments, and they strengthen the
INITIAL REGULATORY PROCEDURES
ment provisions of this title. When the Fed-
role of the States in the land reclama-
SEC. 502. (a) No person shall open or de-
eral inspection results from information pro-
tion process and utilize the input from
velop any new or previously mined or aban-
vided to the Secretary by any person, the
the Governor and State officials. I think
Secretary shall notify such persons when the
doned site for surface coal mining operations
they are good amendments, and I am
Federal inspection is proposed to be carried
on lands on which such operations are regu-
out and such person shall be allowed to ac-
prepared to support them.
lated by a State unless such person has ob-
company the inspector during the inspection;
Mr. VIGORITO. I thank the gentle-
tained a permit from the State regulatory
(3) for purposes of this section, the term
man.
authority.
"Federal inspector" means personnel of the
The CHAIRMAN. The question is on
(b) All surface coal mining operations on
Office of Surface Mining Reclamation and
lands on which such operations are regulated
the amendments offered by the gentle-
Enforcement and such additional personnel
by the State which commence operations
man from Pennsylvania (Mr. VIGORITO).
of the United States Geological Survey, Bu-
pursuant to a permit issued on or after the
The amendments were agreed to.
reau of Land Management, or of the Mining
date of enactment of this Act shall comply,
Enforcement and Safety Administration so
The CHAIRMAN. Are there further
and such permits shall contain terms requir-
designated by the Secretary, or such other
amendments to title IV? If not, the Clerk
ing compliance with the provisions of sub-
personnel of the Forest Service, Soil Con-
will read.
sections 515(b) (2), 515(b) (3), 515(b) (5),
servation Service, or the Agricultural Sta-
The Clerk read as follows:
515(b) (10), 515(b) (13), 515(b) (19), and 515
bilization and Conservation Service as ar-
TITLE V-CONTROL OF THE ENVIRON-
(d) of this Act.
ranged by appropriate agreement with the
(c) On and after one hundred and thirty-
MENTAL IMPACTS OF SURFACE COAL
Secretary on a reimbursable or other basis;
MINING
five days from the date of enactment of this
(4) provide that the State regulatory
Act, all surface coal mining operations on
agency file with the Secretary and with a
ENVIRONMENTAL PROTECTION STANDARDS
lands on which such operations are regulated
designated Federal office centrally located in
SEC. 501. Not later than the end of the
by a State which are in operation pursuant to
the country or area in which the inspected
one-hundred-and-eighty-day period immedi-
a permit issued before the date of enactment
surface coal mine is located copies of inspec-
ately following the date of enactment of this
of this Act shall comply with the provisions
tion reports made;
Act, the Secretary shall promulgate and pub-
of subsections 515(b) (2), 515(b) (3), 515(b)
(5) provide that moneys authorized by
lish in the Federal Register regulations cover-
(5). 515(b) (10), 515(b) (13), 515(b) (19), and
section 714 shall be available to the Secre-
ing a permanent regulatory procedure for
515(d) of this Act, with respect to lands from
tary prior to the approval of a State pro-
surface coal mining and reclamation oper-
which overburden and the coal seam being
gram pursuant to this Act to reimburse the
ations setting mining and reclamation per-
mined have not been removed.
States for conducting those inspections in
formance standards based on and incorpo-
(d) Upon the request of the permit appli-
which the standards of this Act are enforced
rating the provisions of title V and establish-
cant or permittee subsequent to a written
and for the administration of this section.
ing procedures and requirements for prepa-
finding by the regulatory authority and
(g) Following the final disapproval of a
ration, submission, and approval of State
under the conditions and procedures set
State program, and prior to promulgation of
programs and development and implemen-
forth in subsection 515(c), the regulatory au-
a Federal program or a Federal lands pro-
tation of Federal programs under this title.
thority may grant variances from the re-
gram pursuant to this Act, including judicial
Such regulations shall not be promulgated
quirement to restore to approximate orig-
review of such a program, existing surface
and published by the Secretary until he
inal contour set forth in subsection 515(b)
coal mining operations may continue sur-
has--
(3) and 515(d).
face mining operations pursuant to the pro-
(A) published proposed regulations in the
(e) Not later than twenty months from
visions of section 502 of this Act.
H 1820
CONGRESSIONAL RECORD
March 17, 1975
20 degrees and over, 3 to 5 acres are se-
ernor and the Maryland Department of
Mr. UDALL (during the reading). Mr
Chairman, I ask unanimous consent that
verely disturbed for every acre mined.
Natural Resources. Let me read you part
section 502 be considered as read, printed
When it rains on the steep slopes, the
of the recommendations of the Depart-
environmental disaster is multiplied. Ex-
ment of Natural Resources as they testi-
in the RECORD, and open to amendment
at any point.
perience throughout Appalachia has
fied on Maryland House bill 452:
CHAIRMAN. Is there objection to
certified that the steep slopes, when dis-
As of 1973, there were approximately 27
the request of the gentleman from Ari-
turbed by strip mine activities, are for
million tons of strippable coal in Maryland:
years subject to sheet erosion. slope fail-
an amount equivalent to one-tenth of the
zona?
ure, and acid drainage from the ground
annual national strip mining total
There was no objection.
At the present time. the greatest preponder-
The CHAIRMAN. Are there amend-
water system.
ance of strip mining in Maryland is accom-
ments to section 502?
What many of us tend to forget is
plished on slopes having a slope more gentle
AMENDMENT OFFERED BY MRS. SPELLMAN
that this environmental disaster means
than 20 degrees. Mining has been permitted
Mrs. SPELLMAN. Mr. Chairman, I
human suffering, too. What is it like to
in areas where slopes are greater than 20
live in an area subject to such landslides
degrees and have been subject to regula-
offer an amendment.
and water pollution? What is it like to
tion under Department regulation 8.06.01.11.
The Clerk read as follows:
wake up one morning to find that a strip
This regulation requires utilization of the
Amendment offered by Mrs. SPELLMAN:
mine has been set up on the hill above
modified block cut method with respect to
Page 210, line 6. strike out "515(b) (19) and
strip mining on slopes greater than 20 de-
515(d) of this Act." and insert in lieu thereof
your house with no warning? What is it
grees, and only when it has been approved
"and 515(b) (19) of this Act. No such permit
like to find your windows broken, your
by the Land Reclamation Committee
shall be issued on or after such date of enact-
house shaking and your doors flying open
The Department has adopted these very
ment for surface coal mining operations on
from the shock waves of the blasting that
strenuous precautions in order to ensure
a steep slope (as defined in section 515(d)
goes on overhead without warning?
that during the strip mining operations, dis-
(4)) or on and mountain, ridge. hill or other
What is it like to see the vegetation de-
turbed areas would be restricted to an abso-
geographical configuration which contains
stroyed? What is it like to find your
lute minimum. These measures are non-fool-
such a steep slope."
once-clear stream muddied and polluted;
proof, and during any storm and various
other episodes, both sediment and mining
Mr. HECHLER of West Virginia. Mr.
unfit to drink? What is it like to invest
drainage can reach and damage an area of
Chairman, in view of the importance of
good money in a water system only to
state interest. In weighing the benefits to be
this amendment, I make the point of
have it sunk by the blasting of the strip
gained against the loss of restricting strip
order that a quorum is not present.
mines? People from West Virginia, Vir-
mining to a very limited area, we believe
The CHAIRMAN The Chair will count.
ginia, and from my own State of Mary-
the preservation of our limited natural and
One hundred twenty-one Members are
land have told me what it is like. They
scenic resources far outweigh our economic
losses
present, a quorum.
have described nights of terror when
The gentlewoman from Maryland is
they did not dare sleep during rainstorms
What would happen without the steep
recognized.
because "you never knew when the mud
slope ban? Strip mining on those slopes
(Mrs. SPELLMAN asked and was given
would slide down the mountain at you."
would continue, and within 15 years all
permission to revise and extend her re-
They have described their frustration
Appalachian Mountain strippable re-
marks.)
when they tried, with no avail, to get the
serves would be exhausted. At that time,
Mrs. SPELLMAN. Mr. Chairman, I
West Virginia Department of Natural
a shift to deep mining would be neces-
have an amendment to section 502 at the
Resources to enforce the reclamation
sary-when the deep mining industry
table which would prevent the granting
laws already on the books. They have de-
would be very near to the end of its rope.
of any new permits for steep slope op-
scribed the anger they feel when they see
In the past 5 years, over 50 percent of
erations.
what strip mining has done to their once-
the deep mining operations in existence
I am offering this amendment on be-
beautiful land.
have closed down; put out of business by
half of the people in the State of Mary-
These lands were once the world's fin-
the more profitable stripping. If we do
land and in other mining areas which
est hardwood timber producers. Strip
not start encouraging deep mines now,
suffer the disruption caused by surface
mining, even after reclamation, leaves
will there be enough when we really need
mining on slopes of 20 degrees or more.
the land in a state unsuitable for tim-
them to fill our energy needs 15 years
My amendment would provide for a 30-
ber ground.
from now? Even the Department of the
month phaseout of surface mining on
In the State of Maryland, the best use
Interior concluded that an overdepend-
such steep slopes.
of western Maryland land is to support
ence on strip mining could cause irrepar-
If all the social and environmental
tourism and light industry. Coal mining,
able damages to the underground mining
costs of steep slope mining were ex-
per se, does not necessarily threaten
industry.
pressed in terms of dollars, the costs
those two industries, but coal mining on
Massive strip mining is a short term
would be prohibitive. Successful reclama-
steep slopes does. Firms are reluctant to
operation, and steep slope stripping is
tion of mined land is expensive, if not
locate new plants in steep slope surface-
even more SO. Eventually the deep mines
impossible, far more so than the pres-
mined areas because of the serious dan-
must be opened and expanded and the
ent bill recognizes. It is no wonder that
gers of flooding, the high level of out-
deep mine labor force rebuilt and ex-
past reclamation efforts in the United
migration and the devastated landscape
tended. In the final analysis, when one
States have been unsuccessful. And being
which offers few appealing homesites to
looks at all the figures, one has to rec-
unsuccessful, they leave the open and
workers. Estimates are that the tourist
ognize the need to guarantee the con-
ugly scars we have come to recognize
industry is 4 times as large an employer
tinued existence of deep mining. The
and associate with strip mining. They
as the strip mine industry, and that rec-
eastern part of the Nation desperately
tear down the trees, destroy the vegeta-
reation value of lands is three times as
needs the 67.6-billion-ton reserve of deep
tion and eat up the land. Then they
great as that of the coal that would be
minable coal in Appalachia, but the re-
reclaim it by loosely packing back
stripped.
covery of those vast reserves is seriously
the earth and hoping that something
It is time we stopped this environ-
jeopardized by a rush to strip mining in
will grow on it. However, where the most
mental and economic devastation. Since
that region of the country. Not only is it
strip mining now occurs, in Appalachia,
the most damage comes from steep slope
going to spell the economic death of the
the average annual rainfall is excessive.
mining, let us start there. I am not ask-
deep mine industry, but the blasting
There is nothing on the reclaimed land
ing that steep slope mining be stopped
and other activity on the surface will
to hold the water long enough for it to
overnight. My amendment provides a 30
make deep coal seams technically im-
soak in. The result? Flooding, mud slides,
month phaseout period, time for deep
possible to mine.
landslides, water pollution, sedimenta-
mines to start to take up the slack.
I think it is important to note that the
tion, acid drainage. Environmentally, its
My State of Maryland is now in the
Committee itself quoted the 1973 Senate
a disaster.
process of responding to this economic
study entitled "Factors Affecting the Use
Strip mining on slopes over 20 degrees
and environmental devastation. This
of Coal in Present and Future Energy
is considered the most damaging of all.
year there are bills in both the Mary-
Markets," as follows:
The Stanford Research Institute, in a
land Senate and House to phase out
Bench width limits are largely disregarded
study done for the West Virginia Legisla-
strip mining of slopes over 20 degrees.
if the operator finds that the economic limit
ture, emphasized that when the slope is
These bills have the support of the Gov-
of mining permits additional cuts. These
March 17, 1975
CONGRESSIONAL RECORD
H 1821
practices have resulted in continued land-
Mr. TAYLOR of North Carolina. Mr.
passed without delay so that the indus-
citiled what during mining BE well as
Chairman, I rise in opposition to this
try will know the guidelines and regula-
THANY Years after A sample study of 190
amendment. I believe the bill includes
tions which they will have to meet.
landelides resulting from strip mines In east-
a regulatory procedure and sufficiently
I urge the defeat of this amendment.
orn Kentucky revenled that 86% of the land-
stringent environmental protection
Mr. STEIGER of Arizona. Mr. Chair-
stides were on slopes of 20 degrees or more,
with 54% of the slides being on slopes of 25
standards so that the problems which
man, I rise in opposition to the amend-
past and present strip mining have
ment.
degrees or more.
caused in the Appalachian Mountains
(Mr. STEIGER of Arizona asked and
The study goes on to note that Ken-
will be precluded from occurring in the
was given permission to revise and ex-
tucky then experimented with pushing
future.
tend his remarks.)
the overburden downslope to prevent
Specifically this bill:
Mr. STEIGER of Arizona. Mr. Chair-
landslides.
First. Prohibits the dumping of spoil
man, I think we have here an excellent
Such methods, however, are subject to
on the downslope. This provision would
example of probably why "Shoemakers,
massive sheet and gully erosion and slump-
eliminate landslide problems occurring
stick to your lasts" is a valid admoni-
ing, especially in the high rainfall regions
in the past;
tion. We have a very attractive and ar-
such as the Appalachian region, and in effect
reduce neither the amount of environmental
Second. Prohibits leaving high walls;
ticulate young lady who comes in here,
damage nor the number of operator viola-
requires complete backfilling from the
not having had the benefit of committee
tions.
outside edge of the bench to the top of
experience, having been romanced by
the high wall. This will eliminate the
the environmentalists, apparently, to an
Even with a model State surface min-
scars which have resulted from much of
extent that the gentlewoman is not even
ing statute, Kentucky has found signif-
the past contour mining;
aware of.
icant violations to State law and regu-
Third. Imposes strict water and fil-
Now, the gentlewoman told us that
lations by strip mining operators. I in-
tration control requirements, thus vir-
this would only affect 1 percent of the
clude in the RECORD the table printed in
tually eliminating the erosion and sedi-
coal mined in the country. Now. that is
the Committee Report that clearly evi-
mentation problems; and
simply a total obfuscation. As a matter
dences the fact that over 40 percent of
Fourth. Provides a procedure to desig-
of fact, the gentleman from North Car-
the inspections found violations directly
nate areas unsuitable for all or certain
olina, a member of the committee, point-
affecting steep slopes. These inspections,
types of mining.
ed out that it is much nearer to 14 per-
by the way, are made on a biweekly basis,
In early 1973 the President's Council
cent-and I will give the gentlewoman a
and include all strip mining operations.
on Environmental Quality prepared a re-
chance in a moment, do not worry-what
The report concludes:
port which concluded that a ban on
is even more important, it will affect 29
The significance
is further emphasized
steep slope surface mining would result
percent of the mines and an untold num-
when it is recognized that most damages
in a reduction in total U.S. coal produc-
ber of individual workers, as well as in-
from such violations cannot be remedied
tion by as much as 80 million tons per
dividual owner of the small mines.
This evidence reinforces the concept that
certain surface mining practices cannot be
year, all in the Appalachian area. This
The real problem is the arbitrariness
regulated satisfactorily, and in these in-
80 million tons is approximately 40 per-
of the designation. What is really quite
stances the best answer is to prohibit those
cent of the total production in district
offensive to me is that the gentlewoman
specific practices.
7 and 8, which is the Appalachian area,
honestly has no concept of what 20 de-
and is about 13.5 percent of the total
Mr. Speaker. I believe that the envi-
grees is, and I am going to demonstrate
600 million tons produced in the United
that to the House.
ronmental damage and the human suf-
States during 1974.
fering caused by steep slope mining man-
The gentlewoman is standing on a
This is desirable coal, because most of
dates a prohibition of such mining. I am
slope. Would she tell me-and I would
it is low-sulfur coal. Passage of this
proud that Maryland has taken a step in
be happy to yield to her-that slope here,
amendment will greatly reduce the Na-
this direction by considering Maryland
and let the RECORD show that I point to
tion's supply of low-sulfur coal and will
House bill 452. Since reclamation is such
the ramp leading to the well, would the
require the substitution of coal of high-
a failure, since we cannot repair the
gentlewoman say that slope was greater
sulfur content which will severely in-
damages done by such contour mining,
or less than 20 degrees? I will yield to the
crease air pollution problems. I am sure
we must ban it. Again, I point out that
gentlewoman for purposes of answering
that this is not what the gentlelady from
any ban should be phased, as my amend-
that question.
Maryland wants.
ment provides, in order to continue some
Mrs. SPELLMAN. The gentlewoman
In the fall of 1974, with the prospects
short-term production of coal to meet
will answer that if the gentleman-
of a miners' strike and fierce competition
our energy needs. There is ample deep
Mr. STEIGER of Arizona. The gentle-
among coal buyers, we saw the price of
minable coal and there are sufficient
woman has confessed that she does not
coal soar to $46 a ton. Today prices have
numbers of miners to gradually phase in
know.
eased back to about $19.50 per ton.
deep mining as the contour mining is
Mrs. SPELLMAN. The gentlewoman
The above drastic price fluctuations
phased out. In the huge western coal
confesses no such thing.
demonstrate coal's extreme sensitivity
fields and the Appalachian area, the
Mr. STEIGER of Arizona. Mr. Chair-
to supply reductions in the face of con-
amount of low-sulfur coal which is deep
man, I will give the gentlewoman one
stant demand.
minable exceeds surface minable coal by
more opportunity. Would she advise this
It is quite apparent that a 20-degree
over 7 to 1. Encouraging deep mining
body whether the slope she is standing
slope prohibition would severely restrict
now, before it has become economically
on is greater-and no fudging and no
the production of coal, especially in
strangled by strip mining, would insure
looking around-greater or less than 20
Eastern America, and would bring about
more adequate supplies of this vital coal
degrees?
another round of inflation in coal prices
resource in the future. Since deep mining
Mrs. SPELLMAN. If the gentleman
and in consumer electric bills.
requires three times as many miners, we
from Arizona would like to know wheth-
would be spurring employment at a time
Many, perhaps most of the individuals
er or not the gentlewoman from Mary-
when so many Americans are unem-
and operators in the coal mining indus-
land knows what she is talking about, I
ployed. And, last. such a ban would mean
try are reconciled to the fact that a reg-
refer him to one of the best laws on sur-
less inspection is required at sites of the
ulatory bill is coming-a bill which pro-
face mining which exists in this country.
mines.
vides meaningful standards. They are
That came about
Mr. Speaker. the evidence strongly
anxious to have this issue resolved. If you
Mr. STEIGER of Arizona. I am going
adopt this amendment to ban mountain
favors a phase out of strip mining on
to have to interrupt the gentlewoman.
20 slopes. I strongly urge the adop-
mining, it will stir up another wave of
It is evident she does not know whether
tion of my amendment.
opposition against the bill. It will make
the slope is 20 degrees or not.
the bill more objectionable to businesses,
Mr. HAYS of Ohio. Mr. Chairman, will
Mr. TAYLOR of North Carolina. Mr.
industry, and people in need of coal. It
the gentleman yield?
Chairman, I rise in opposition to the
could mean the difference in whether or
Mr. STEIGER of Arizona. The gentle-
amendment offered by the gentlewoman
not this bill becomes law this year.
man will not.
from Maryland.
It is important that this legislation be
Mr. HAYS of Ohio. I know the answer.
H 1822
CONGRESSIONAL RECORD
March 17, 1975
Mrs. SPELLMAN. I, too, know the
ment and would have the opposite re-
3 years bringing about a proper grading
answer. Anybody in this room knows the
sults to what the gentlewoman has no
ordinance, and SO this is one of the areas
slope is not 20 degrees.
intention of doing, to decrease the
that I do know something about.
Mr. STEIGER of Arizona. I ask. is it
availability of low sulfur coal, ab-
What many of us tend to overlook is
or less?
solutely; and add a tremendous burden
the damage that is being caused to peo-
SPELLMAN It is less than 20
on the consumer. absolutely. It would
ple. People suffer. What is it like to live
degrees.
absolutely require a veto. All of these
in an area that is subject to those land-
Mr. STEIGER of Arizona. The gentle-
things, I am sure, she is not aware of.
slides and water pollution? What is it
woman is willing to stake her reputa-
They ought to be taken into account.
like to wake up in the morning and find
tion on that?
As a matter of fact. as some Members
a strip mine has been set up on the hill
Mrs. SPELLMAN. My reputation is at
may have suspected, I am opposed to this
above you with no warning? What is it
stake, yes.
bill. I would do virtually anything to see
like to have your windows broken? What
Mr. STEIGER of Arizona. The fact is,
that this bill is not passed, but not this,
is it like to have your house shaking and
it is less than 20 degrees, and the fact is
because this is so destructive of logic and
the doors flying open from the shock
that the gentlewoman's hesitancy is ex-
reason and so destructive of what the
waves from the blasting that goes on
actly the point I am trying to make.
committee did and what the committee
without warning? What is it like to see
Mrs. SPELLMAN. I have no hesitation
endured, that I would hope without any
the vegetation destroyed? What is it like
in replying to any of the gentleman's
further ado the committee would reject
to find once clear streams now muddy and
statements. The problem is the gentle-
this amendment, since this is now the
polluted and unfit to drink? What is it
man refuses to hear the facts.
multiple eighth time it has been before
like to invest good money in a water sup-
Mr. STEIGER of Arizona. I am not
us; either the subcommittee, the full
ply. only to have it sunk by the blasting
going to yield any further at this point.
committee, on the floor or in confer-
of the strip mines?
The fact is, as a matter of fact, I
ence.
People from West Virginia and from
think it is 21 degrees. but the fact is a
So, again the House should under-
Virginia, and some in my own State of
decrease, an arbitrary decrease by leg-
stand that the gentlewoman's informa-
Maryland, have told me what it is like.
islation is offensive enough. but when it
tion is incorrect.
They do not dare sleep during rainstorms
has been discussed and evaluated in
Her basis for her assumption has been
because, they said, "You never know
committee and rejected, and then
given to her by somebody else, and the
when the mud will slide down the moun-
brought forth to the floor by someone
net result of her amendment would be
tain at you." They described their frus-
whose experience really does not justify
very different from that than she be-
trations when they tried, with no avail,
that bringing forth, that annuls the en-
lieves.
to get enforcement of reclamation laws
tire legislative process.
I thank the gentleman from Idaho for
that were on the State books. They de-
That is exactly my complaint about,
yielding.
scribed the anger they feel when they
not only this amendment, but this bill.
Mr. SYMMS. Mr. Chairman, I would
see what strip mining has done to their
The fact is that what the Members
like to say that I associate myself with
once beautiful land.
should remember. aside from the col-
the remarks of the gentleman from
There is one woman, Alice Fugate, of
loquy we just had-and I hope they will
Arizona. After having endured many,
Virginia, who did not come to talk to me
remember it-is that this amendment
many hours of debate by previous speak-
about this. She did not come to talk to
would wipe out 29 percent of the exist-
ers, I heard all the way from 26 percent,
me about this because she was killed in
ing mines, most of them in Appalachia;
33 percent, up to 49 percent of the slopes
one of these landslides. And so we are
51 percent of the Appalachian surface
that it would take to only stop stripping
talking about human misery.
production and 14 percent of the surface
of 1 percent of the Nation's coal.
Mr. SEIBERLING. Mr. Chairman, will
mining in this country. It is not the 1
I do believe the gentlewoman is just
the gentlewoman yield?
percent the gentlewoman mentioned.
in error. I do not impugn her motives by
Mrs. SPELLMAN. I yield to the gen-
Now, again she is not at fault in that.
offering the amendment. I think it is a
tleman from Ohio.
She accepted somebody else's figures for
very serious error, and I think the
Mr. SEIBERLING. I think the gentle-
that. The fact is that surface mined coal
amendment should be voted down.
woman has made a distinct contribution
accounts for 44 percent of all of the coal
Mr. WIRTH Mr. Chairman, I move
to the discussion here today, and she is
that is burned by electric utilities. Sixty-
to strike the last word, and I rise in sup-
absolutely right about the terrible dam-
seven percent of the surface-mined coal
port of the amendment offered by the
age done by mining on steep slopes. I
in this country is used by electric utili-
gentlewoman from Maryland.
personally think that the committee bill,
ties. This arbitrary and unknowing
Mr. Chairman, I yield to the gentle-
if it is enforced, takes care of most of the
amendment threatens again the consum-
woman.
problems.
ers' utility bill. Regardless of the fate of
Mrs. SPELLMAN. Mr. Chairman, I find
But there is one problem it does not
it-and frankly, if this amendment were
it interesting that the gentleman from
take care of, and I intend to offer an
to pass, it would kill the bill, as the gen-
Arizona misunderstood what I was say-
appropriate amendment at the right
tleman from North Carolina pointed out,
ing. I am speaking of 1 percent of the
time. It does not prevent the mining of
because of a veto
coal reserves-note the word "reserves"-
coal seams which can only be worked by
The CHAIRMAN. The time of the gen-
are in those slopes 20 degrees or more.
deep mining methods. It does not pre-
tleman from Arizona has expired.
That is a fact, and I can present the facts
vent strip mining in such a way as to
Mr. STEIGER of Arizona. Mr. Chair-
for the record.
crack or fracture the rock and thereby
man, I ask unanimous consent to proceed
I might also point out that the 20-de-
make it impossible to get out the deep
for 1 additional minute.
gree figure was not dreamed up by me.
lying coal.
The CHAIRMAN Is there objection
Note page 264 of the bill, section (4),
If we do not do something about that,
to the request of the gentleman from Ari-
which reads: "For the purposes of this
in the matter of steep slopes and deep
zona?
section, the term 'step slope' is any slope
mining, we are mortgaging our ability to
Mrs. HOLTZMAN. Mr. Chairman, I
above.20 degrees."
get out the deep lying coal in the future.
object.
So the committee itself recognized that
That is where most of our coal is.
The CHAIRMAN. Objection is heard.
20 degrees was the important figure.
Mr. Chairman, I commend the gentle-
Mr. SYMMS. Mr. Chairman, I move to
I might also point out-and again I
woman for bringing that fact out. If her
strike the last word.
need to call attention to the fact-that,
amendment succeeds, she has made a
Mr. Chairman, I yield to the gentle-
for this 1 percent of the reserves, we are
valuable contribution in pointing out a
man from Arizona (Mr. STEIGER).
disturbing and making it impossible in
serious defect in the bill.
Mr. STEIGER of Arizona. Mr. Chair-
many cases to mine the deep coal. Rich
Mrs. SPELLMAN. Mr. Chairman, I am
man. I thank the gentleman for yielding
deposits of coal may never be mined be-
grateful to the gentleman for his
to me. I will not take all of his time.
cause of the damage that is being caused
comments.
I would advise that this indeed-in
by blasting.
May I point out one other thing about
spite of my apparent facade of cheer-
In my own county, where a great deal
these slopes which I think is enormously
fulness-this is a very serious amend-
of surface mining took place, we spent
important? I heard the gentleman say
March 17, 1975
CONGRESSIONAL RECORD - HOUSE
H 1823
earlier that these areas can be worked
(By unanimous consent, Mr. McKAY
Mr. Chairman, I am certain that the
properly and that we can control erosion.
yielded his time to Mr. UDALL.)
gentlewoman's amendment is designed to
Let me tell the Members what the De-
Mr. SCHEUER. Mr. Chairman, the
improve the environment by removing
partment of Natural Resources in the
evidence is perfectly clear that strip
the so-called ugly scars to our landscape
State of Maryland has to say about that.
mining does add to the hazard of floods,
which have been associated with surface
They point out that they are using a
the seriousness of floods and the danger
mining by the news media and well-
block cut method with respect to strip
of loss of lives.
meaning environmentalist groups.
mining on slopes which are greater than
A survey done by the U.S. Geological
Unfortunately, Mr. Chairman, the
20 deflace and time IC allowed only when
Burvey indicated 30,000 tons of silt per
gentlewoman's amendment would cause
it has been approved by the Land Rec-
square mile discharged from an area
more devastating scars on our people
lamation Committee. The department
that had been strip mined, as against
than she would cure.
has adopted these very strenuous pre-
less than 30 tons, one-thousandth as
For example, in Virginia alone, her
cautions in order to insure that during
much, per square mile, where no strip
amendment would knock out in one fell
strip mining operations disrupted areas
mining had taken place.
swoop more than 100 coal surface min-
should be restricted to an area or a slope
A University of Tennessee study indi-
ing companies and suppliers, most of
of less than 20 degrees. But even with
cated that we can expect double the
them small business operations. The gen-
such controls, they experience failures.
flooding in strip mined areas as in non-
tlewoman's amendment would also put
The CHAIRMAN. The time of the gen-
strip mined areas, and the Geological
2,000 surface miners on the unemployed
tlewoman from Maryland (Mrs. SPELL-
Service has a third study indicating a
rolls. Additionally, her amendment would
MAN) has expired.
factor of three to five as the increase in
also put 5,000 to 7,500 job-related work-
Mr. UDALL. Mr. Chairman, I ask
flooding after strip mining.
ers on the public dole. Moreover, and
unanimous consent that all debate on
It is perfectly clear, Mr. Chairman,
ironically, the gentlewoman's antisur-
the pending amendment and all amend-
that people living in strip mined areas
face mining amendment would strip $125
ments thereto close in 10 minutes.
can expect more floods, greater damage,
million from Virginia's economy, which
The CHAIRMAN. Is there objection to
and less time to escape and save their
feeds directly from the coal surface min-
the request of the gentleman from
lives.
ing industry.
Arizona?
Mr. Chairman, I note that this amend-
Mr. Chairman, what the gentlewoman
Mr. BAUMAN. Mr. Chairman, I object.
ment is opposed by the National Coal
apparently has not taken into considera-
The CHAIRMAN. Objection is heard.
Association. They tell us the defeat of
tion is the fact that her amendment
Mr. UDALL. Mr. Chairman, I ask
this amendment is essential for the pros-
knocks Virginia and my congressional
unanimous consent that all debate on
perity and well-being of this Nation. To
district out of the coal surface mining
the pending amendment and all amend-
my mind, that is proof positive that this
business and also a significant amount of
ments thereto close in 15 minutes.
amendment is probably the best thing
the deep mining. As I explained to the
The CHAIRMAN. Is there objection
that could happen, not only to our coun-
committee on last Friday, of the six coun-
to the request of the gentleman from
try, but also to the coal industry itself.
ties which produce commercial quanti-
Arizona?
We have example after example of in-
ties of surface mined coal in Virginia, all
Mr. BAUMAN. Mr. Chairman, I object.
dustries that not only do not know what
of these counties have average surface
The CHAIRMAN. Objection is heard.
is good for the country, but do not know
mined slopes of 20 degrees or more. Coal
MOTION OFFERED BY MR. UDALL
what is good for them.
surface mining operations range from
Mr. UDALL. Mr. Chairman, I move
I remember, Mr. Chairman, when the
approximately 20 degrees in Wise County
that all debate on the pending amend-
securities industry in the 1930's fought
to slightly over 29 degrees in Buchanan
ment and all amendments thereto close
the Securities Exchange Act and the
County. So in effect, Mr. Chairman, the
at 4 o'clock.
concept of full disclosure which today
Spellman amendment's restriction to
The motion was agreed to.
provides the very public credibility and
ban coal surface mining on slopes great-
The CHAIRMAN. Members standing
acceptance upon which the securities in-
er than 20 degrees abolishes the coal
at the time the motion was made will be
dustry relies. I remember when the
surface mining industry in Virginia. The
recognized for approximately 50 seconds
banking industry opposed the Federal
effect would be to bring economic chaos
each.
deposit insurance program which they
to southwestern Virginia.
(By unanimous consent, Messrs. RON-
now advertise on the radio daily as a
I would also like to inform the commit-
CALIO and MIKVA yielded their time to
highly desirable consumer protection,
tee that not only would this amendment
Mrs. SPELLMAN.)
which it now, and was then-when they
abolish coal surface mining in Virginia,
The CHAIRMAN. The Chair recog-
fought it. Remember when the manu-
but also much of its underground mining
nizes the gentlewoman from Maryland
facturing industries bitterly fought the
would be seriously affected. Much of the
(Mrs. SPELLMAN).
very minimum wage standards nation-
underground coal mine industry in Vir-
Mrs. SPELLMAN. Mr. Chairman, I was
ally that produced a market of workers
ginia exists only because its high sulfur
pointing out that the State of Maryland
across the country able to buy the prod-
underground coal can be blended with
uses every possible precaution, and yet
uct of our mass production-versus-con-
Virginia's low sulfur, surface-mined coal
they say this, and I quote:
sumption economy. The examples of in-
to meet the stringent sulfur emission
dustry myopia go on and on.
standards in our environmental laws.
These measures are nonfoolproof, and dur-
ing any storm and various other episodes,
So let it not concern any of us that
Thus, not only would her amendment
both sediment and mining drainage can
this amendment is opposed by industry
create chaotic unemployment problems
reach and damage an area of State interest.
representatives. If history is any
in Virginia's surface mining industry,
In weighing the benefits to be gained against
that may be the best augery that this
but, it would also create a serious unem-
the loss of restricting strip mining to a very
legislation is not only in the Nation's
ployment problem in the underground
limited area, we believe the preservation of
best interests, but also is in the best
mining industry of Virginia.
our limited natural and scenic resources far
outweigh our economic losses.
long-term interests of the coal industry
Mr. Chairman, this amendment is
itself.
wrong economically and it is also wrong
Mr. Chairman, I wish again at this
The CHAIRMAN. The Chair recog-
environmentally.
time to call attention to the fact that
nizes the gentleman from Virginia (Mr.
Surface mining of coal is environmen-
there is no relationship between the cost
WAMPLER).
tally feasible at slopes above 20° as
of coal and the charges. Profits go up to
(Mr. WAMPLER asked and was given
the committee bill indicates, with cer-
and have increased over 800 percent for
permission to revise and extend his re-
tain environmental restrictions, as long
some of these companies in a 1-year
marks.)
as these standards are met. Moreover.
period of time.
(By unanimous consent, Mr. QUILLEN
surface mining in Virginia is under strict
(By unanimous consent, Mrs. SPELL-
and Mr. YOUNG of Alaska yielded their
State legal environmental standards, as
MAN yielded her time to Mr. SCHEUER.)
time to Mr. WAMPLER.)
it is in many other States.
The CHAIRMAN. The Chair recog-
Mr. WAMPLER. Mr. Chairman, I rise
Mr. Chairman, the Public Works Com-
nizes the gentleman from New York (Mr.
in opposition to the amendment offered
mittee and this Congress have approved
SCHEUER).
by the gentlewoman from Maryland.
legislation for years to build interstate
H 1824
CONGRESSIONAL RECORD HOUSE
March 17, 1975
highways all across our Nation. Con-
must fall squarely into the category of
that in this legislation we have a very
struction has occurred on cuts and fills
such extremism.
definite prohibition against spoil on the
way above slopes of 45° and these slopes
The concept embodied in this amend-
downslope, against the placing of any
are commonly seeded and reforested with
ment was carefully considered in the
overburden on the downslope side after
or no effect on our environment.
committee, of which I am a member, and
mining.
Chairman, this amendment is an-
it was rejected as unrealistic and imprac-
The CHAIRMAN. The time of the gen-
other case of environmental overkill-
tical, as I am sure even the gentleman
tleman has expired.
not too much different from the years of
from Arizona (Mr. UDALL) will agree.
The Chair recognizes the gentleman
delay these same groups caused our coun-
But there is an even more serious prob-
from Arizona (Mr. UDALL).
try during the Alaskan pipeline debates.
lem presented here. If this amendment
(Mr. UDALL asked and was given per-
Mr. Chairman, I urge an overwhelming
were accepted by the House, it would
mission to revise and extend his re-
defeat of this amendment.
affect 19 percent of all the coal produced
marks.)
The CHAIRMAN. The Chair recog-
in this Nation. The resulting decrease
Mr. UDALL. Mr. Chairman, I find my-
nizes the gentleman from West Virginia
in production would lead directly to
self a little uncomfortable in the com-
(Mr. HECHLER).
higher coal prices and a consequent in-
pany of my friends over here, but I really
(Mr. HECHLER of West Virginia asked
crease in the cost of electricity for every
have to oppose this amendment. I op-
and was given permission to revise and
household in America, including those in
pose it because it violates the central
extend his remarks.)
Maryland. How anyone can support such
compromise in this bill. The compromise
Mr. HECHLER of West Virginia. Mr.
a boost in electric costs at a time of such
has two sides. One side says, "We are not
Chairman, first of all I would like to
high inflation is beyond this Member.
going to do it the way we used to do it."
point out that the remarks of the gen-
The sponsor of this amendment in the
We are not going to mine coal unless we
tleman from Virginia (Mr. WAMPLER)
other body was the senior Senator from
can reclaim the land and put it back.
were completely meaningless because the
my State, who also shares a great many
The other side says, "If we can put the
Spellman amendment does not knock out
views espoused by the gentlewoman from
land back, we are going to surface-mine
any production in the State of Virginia,
Maryland. The other body rejected this
coal."
or anywhere; it only applies to new per-
same amendment overwhelmingly by a
The bill is tough. but it is tough wher-
mits from now on. It has absolutely
vote of 28 to 64. This cause has already
ever it is applied. We say on a slope of
nothing to do with the tonnage of pres-
been lost in the other body. There is no
20 degrees in addition to all of these
ent production that the gentleman is
reason why we should add this burden
tough standards, we have got to meet
talking about.
to this legislation today.
four more tougher standards relating to
There are two very clear points on
The other day when the gentlelady said
spoil on the downslope, to siltation of
which I am sure everyone would unani-
that she was not a fallen woman in re-
streams, to high walls, and we can also
mously agree. No. 1 There is more dam-
sponse to the gentleman from Arizona
go in, too, and have a designation made
age on steep slopes from erosion, land-
(Mr. STEIGER) who suggested that she
that this area is unsuitable for surface
slides, instability of the soil, and damage
would not know a 20-degree slope if she
mining.
to the people and their property: and,
fell down one. That may be so but she
What we have tried to do in this bill
No. 2. the steeper the slope the more
has fallen for this amendment, and the
is avoid arbitrary standards. I have seen
expensive it is to patch it up once you
rest of us should avoid the same trap.
slopes in Pennsylvania of 30 degrees
strip mine a steep slope.
I hope that the Members will reject
where they have mined and put the land
The whole issue is whether we can
the amendment.
back, and where trees and shrubbery are
take the risk in damage.
Mr. STEIGER of Arizona. Mr. Chair-
growing now. So why have an arbitrary
Prof. William H. Miernyk, director of
man, will the gentleman yield?-
standard, pick 20 degrees and say,
the Regional Research Institute at West
Mr. BAUMAN. I yield to the gentle-
"Under no conditions in no part of this
Virginia University. stated:
man from Arizona.
country can we mine where we fix this
In practice, the law of gravity takes over.
Mr. STEIGER of Arizona. Mr. Chair-
arbitrary standards?"
and when initial cuts are made on the sides
man, I would just like the RECORD to re-
The final reason I oppose this amend-
of steeply sloped mountains, the overburden
flect, unfortunately an inaccuracy in the
ment is I want a bill. The key vote is go-
inevitably goes crashing down slope
statement of fact of the gentleman from
ing to come about a month from now
Damage in Appalachia as a result of prior
West Virginia in which he says existing
when we try to override a veto. If we
steep-slope surface mining is already expen-
sive. If further stripping on these steep slopes
mines would not be affected. As the gen-
add this kind of arbitrary standard here
is not banned in a very short time much of
tleman knows, as the House knows, ex-
where we say no one can mine above 20
central Appalachia will become virtually un-
isting mines will have to come into uni-
degrees, we are going to have a problem
inhabitable. and this region will not be able
formity and, therefore, they will not be
getting a bill.
to support other kinds of energy activity.
exempt. The gentleman from Virginia
While I greatly respect this fine legis-
It is for this reason, Mr. Chairman,
who indicated that there would be lost
lator who has offered this amendment, I
must oppose it.
that I think the amendment of the gen-
production was correct.
tlewoman from Maryland is reasonable.
I thank the gentleman for yielding.
The CHAIRMAN. All time has expired.
it is sound, and deserves the support of
The CHAIRMAN. The time of the gen-
The question is on the amendment of-
both sides of the aisle.
tleman has expired.
fered by the gentlewoman from Mary-
The Chair recognizes the gentleman
land.
The CHAIRMAN The Chair recog-
nizes the gentleman from Maryland (Mr.
from Michigan (Mr. RUPPE).
The question was taken; and the
BAUMAN).
(Mr. RUPPE asked and was given per-
Chairman announced that the noes ap-
(By unanimous consent, Messrs.
mission to revise and extend his re-
peared to have it.
marks.)
RECORDED VOTE
SYMMS and ROUSSELOT yielded their time
to Mr. BAUMAN.)
Mr. RUPPE. Mr. Chairman, it seems
Mrs. SPELLMAN. Mr. Chairman, I de-
(Mr. BAUMAN asked and was given
to me that we are caught up on the ques-
mand a recorded vote.
permission to revise and extend his
tion of degrees. I do not think personally
A recorded vote was ordered.
remarks.)
it is important whether the slope would
The vote was taken by electronic de-
Mr. BAUMAN. Mr. Chairman, I fully
be 25 degrees or 15 degrees, or 5 degrees.
vice, and there were-ayes 136, noes 262,
understand the concerns which prompt
If we can mine the area and restore the
not voting 34, as follows:
the introduction of this amendment by
land to its original contour, if we can
[Roll No. 56]
my colleague, the gentlelady from Mary-
remove any of the environmental dam-
AYES-136
land. I also know that she feels she has
ages that have been associated with
strip mining in the past, then it seems to
Abzug
Beard, R.I.
Carr
some very impressive backing for this
Adams
Bedell
Chisholm
stand as evidenced by the various groups
me we should permit mining. If the land
Ambro
Blanchard
Clay
who have endorsed her position. But some
cannot be restored, we should preclude
Anderson,
Blouin
Cohen
of these same people have taken some
the mining of that land, regardless of
Calif.
Boggs
Conte
Aspin
Brodhead
Conyers
extreme stands on environmental issues,
whether the degrees are 20 or 5.
Badillo
Brown, Calif.
Cornell
positions which would seriously harm the
Many of us think in terms of slides,
Bafalis
Burke, Calif.
D'Amours
consumers of America. This amendment
Baldus
Burton, John
Dellums
erosion, and flooding without realizing
Baucus
Burton, Phillip
Derrick
March 17, 1975
CONGRESSIONAL RECORD - HOUSE
H 1825
Diggs
Kasten
Rees
Risenhoover
Slack
Treen
of surface coal mining and reclamation op-
Dingell
Kastenmefer
Reuss
Roberts
Smith, Iowa
Udall
erations for coal on lands within the State:
Downey
Keys
Richmond
Robinson
Smith, Nebr.
Ullman
(5) establishment of & process for the des-
Drinan
Koch
Riegle
Rodino
Snyder
Vander Jagt
Krebs
Rinaldo
Roncalio
Spence
Walsh
ignation of areas as unsuitable for surface
Early
Fekhardt
Lehman
Roe
Rooney
Staggers
Wampler
coal mining in accordance with section 522:
Edgar
Levitas
Rogers
Rostenkowski
Stanton,
White
(6) establishment, for the purposes of
Edwards, Calif.
McCloskey
Rosenthal
Rousselot
J. William
Whitehurst
avoiding duplication, of R process for coordi-
Emery
McHugh
Roush
Runnels
Steed
Whitten
nating the review and issuance of permits
Evans, Ind.
Macdonald
Roybal
Ruppe
Steelman
Wiggins
for surface coal mining and reclamation op-
Fish
Madden
Ryan
Russo
Steiger, Ariz.
Wilson, Bob
Fisher
Maguire
St Germain
Santini
Stephens
Winn
erations with any other Federal or State per-
Mahian
Metcalfe
Sarbanes
Sarasin
Stratton
Wright
mit process applicable to the proposed opera-
Fiorio
Meyner
Scheuer
Satterfield
Stuckey
Wydler
tions.
Flynt
Mezvinsky
Schroeder
Schneebeli
Sullivan
Wylie
(b) The Secretary shall not approve any
Ford, Mich.
Mikva
Seiberling
Schulze
Symms
Yatron
State program submitted under this sec-
Ford. Tenn.
Miller, Calif.
Sharp
Sebelius
Talcott
Young, Alaska
tion until he has-
Fraser
Mineta
Simon
Shipley
Taylor, Mo.
Young, Fla.
(1) solicited and publicly disclosed the
Green
Mitchell, Md.
Solarz
Shriver
Taylor, N.C.
Young, Tex.
Gude
Moakley
Shuster
Teague
Zablocki
views of the Administrator of the Environ-
Spellman
Hall
Moffett
Stark
Sikes
Thone
Zeferetti
mental Protection Agency, the Secretary of
Hannaford
Mosher
Stokes
Sisk
Traxler
Agriculture, and the heads of other Federal
Harkin
Moss
Studds
NOT VOTING-34
agencies concerned with or having special
Hawkins
Mottl
Symington
expertise pertinent to the proposed State
Hechler, W. Va.
Nix
Thompson
Addabbo
Derwinski
Stanton,
program;
Heckler, Mass.
Nolan
Thornton
Alexander
Dodd
James V.
(2) obtained the written concurrence of
Hightower
Nowak
Tsongas
Andrews, N.C.
Edwards, Ala.
Steiger, Wis.
Holland
Obey
Van Deerlin
Waggonner
the Administrator of the Environmental Pro-
Bell
Evins, Tenn.
Holtzman
O'Neill
Vander Veen
Bergland
Flood
Waxman
tection Agency with respect to those aspects
Horton
Ottinger
Vanik
Blaggi
Harrington
Wilson,
of a State program which relate to air or
Howard
Patman
Vigorito
Boland
Hébert
Charles H.,
water quality standards promulgated under
Howe
Patten
Weaver
Brademas
Jarman
Calif.
the authority of the Federal Water Pollution
Jacobs
Patterson, Whalen
Brooks
Landrum
Wilson,
Control Act, as amended (33 U.S.C. 1151-
Jeffords
Pattison, N.Y.
Wirth
Burgener
Madigan
Charles, Tex.
Jenrette
Peyser
Yates
Burke, Fla.
Mills
Wolff
1175), and the Clean Air Act, as amended
Jordan
Rangel
Casey
Rose
Young, Ga.
(42 U.S.C. 1857);
NOES-262
Collins, Ill.
Skubitz
(3) held at least one public hearing on the
State program within the State; and
Abdnor
Erlenborn
Latta
So the amendment was rejected.
(4) found that the State has the legal
Anderson, Ill.
Esch
Leggett
The Clerk announced the following
authority and qualified personnel necessary
Andrews,
Eshleman
Lent
N. Dak.
Evans. Colo.
Litton
pairs:
for the enforcement of the environmental
Annunzio
Fascell
Lloyd, Calif.
Mrs. Collins of Illinois for, with Mr. Hébert
protection standards.
Archer
Fenwick
Lloyd, Tenn.
against.
The Secretary shall approve or disapprove a
Armstrong
Findley
Long, La.
Mr. Harrington for, with Mr. Waggonner
State program, in whole or in part, within
Ashbrook
Flowers
Long, Md.
Ashley
Lott
against.
six full calendar months after the date such
Foley
AuCoin
Forsythe
Lujan
Mr. Addabbo for, with Mr. Brademas
State program was submitted to him.
Barrett
Fountain
McClory
against.
(c) If the Secretary disapproves any pro-
Bauman
Frenzel
McCollister
posed State program in whole or in part, he
Beard, Tenn.
Frey
McCormack
The result of the vote was announced
shall notify the State in writing of his de-
Bennett
Fulton
McDade
as above recorded.
cision and set forth in detail the reasons
Bevill
Fuqua
McDonald
The CHAIRMAN. Are there further
therefor. The State shall have sixty days in
Blester
Gaydos
McEwen
Bingham
Glaimo
McFall
amendments to section 502?
which to resubmit a revised State program,
Bolling
Gibbons
McKay
If not, the Clerk will read.
or portion thereof. The Secretary shall ap-
Bonker
Gilman
McKinney
The Clerk read as follows:
prove or disapprove the resubmitted State
Bowen
Ginn
Mahon
program or portion thereof within sixty days
Breaux
Goldwater
Mann
STATE PROGRAMS
from the date of resubmission.
Breckinridge
Gonzalez
Martin
SEC. 503. (a) Each State in which there is
(d) For the purposes of this section and
Brinkley
Goodling
Mathis
Broomfield
Gradison
Matsunaga
or may be conducted surface coal mining
section 504, the inability of a State to take
Brown, Mich.
Grassley
Mazzoli
operations, and which wishes to assume ex-
any action the purpose of which is to pre-
Brown, Ohio
Guyer
Meeds
clusive jurisdiction over the regulation of
pare, submit, or enforce a State program, or
Broyhill
Hagedorn
Melcher
surface coal mining and reclamation opera-
any portion thereof, because the action is
Buchanan
Haley
Michel
tions, except as provided in section 521 and
enjoined by the issuance of an injunction by
Burke, Mass.
Hamilton
Milford
title IV of this Act shall submit to the
any court of competent jurisdiction shall
Burleson, Tex.
Hammer-
Miller, Obio
Burlison, Mo.
schmidt
Minish
Secretary, by the end of the eighteen-month
not result in a loss of eligibility for financial
Butler
Hanley
Mink
period beginning on the date of enactment
assistance under titles IV and VII of this
Byron
Hansen
Mitchell, N.Y.
of this Act, a State program which demon-
Act or in the imposition of a Federal pro-
Carney
Harris
Mollohan
strates that such State has the capability of
gram. Regulation of the surface coal mining
Carter
Harsha
Montgomery
carrying out the provisions of this Act and
and reclamation operations covered or to be
Cederberg
Hastings
Moore
Hayes, Ind.
Moorhead,
meeting its purposes through-
covered by the State program subject to the
Chappell
Clancy
Calif.
(1) a State law which provides for the
injunction shall be conducted by the State
Hays, Ohio
Clausen,
Hefner
Moorhead, Pa.
regulation of surface coal mining and recla-
pursuant to section 502 of this Act, until
Don H.
Heinz
Morgan
mation operations in accordance with the
such time as the injunction terminates or
Clawson, Del
Helstoski
Murphy, Ill.
requirements of this Act and the regulations
for one year, whichever is shorter, at which
Cleveland
Henderson
Murphy, N.Y.
Cochran
Hicks
issued by the Secretary pursuant to this Act;
time the requirements of section 503 and 504
Murtha
Collins, Tex.
Hillis
Myers, Ind.
(2) a State law which provides sanctions
shall again be fully applicable.
Conable
Hinshaw
Myers, Pa.
for violations of State laws, regulations, or
Mr. UDALL (during the reading) Mr.
Conlan
Holt
Natcher
conditions of permits concerning surface
Corman
Hubbard
Neal
Chairman, I ask unanimous consent that
Cotter
Hughes
Nedzi
coal mining and reclamation operations,
Coughlin
Hungate
Nichols
which sanctions shall meet the minimum re-
section 503 be considered as read, printed
Crane
Hutchinson
Oberstar
quirements of this Act, including civil and
in the RECORD, and open to amendment
Daniel. Dan
Hyde
O'Brien
criminal actions, forfeiture of bonds, suspen-
at any point.
Daniel, Robert
Ichord
O'Hara
sion, revocation, and withholding of permits,
The CHAIRMAN. Is there objection to
W.. Jr.
Johnson, Calif.
Passman
and the issuance of cease-and-desist orders
the request of the gentleman from
Daniels,
Johnson, Colo.
Pepper
Dominick V.
Johnson, Pa.
Perkins
by the State regulatory authority or its in-
Arizona?
Danielson
Jones, Ala.
Pickle
spectors:-
There was no objection.
Davis
Jones, N.C.
Pike
(3) a State regulatory authority with suf-
de la Garza
Jones, Okla.
Poage
The CHAIRMAN. Are there any
ficient administrative and technical person-
Delaney
Jones, Tenn.
Pressler
amendments to section 503?
nel, and sufficient funding to enable the
Dent
Karth
Preyer
Devine
Kazen
Price
State to regulate surface coal mining and
If not, the Clerk will read.
Dickinson
Kelly
Pritchard
reclamation operations in accordance with
The Clerk read as follows:
Downing
Kemp
Quie
the requirements of this Act;
FEDERAL PROGRAMS
Duncan, Oreg.
Ketchum
Quillen
(4) a State law which provides for the
Duncan, Tenn.
Kindness
Railsback
SEC. 504. (a) The Secretary shall prepare
du Pont
Krueger
Randall
effective implementation, maintenance, and
and, subject to the provisions of this section,
Eilberg
LaFalce
Regula
enforcement of a permit system, meeting the
promulgate and implement a Federal pro-
English
Lagomarsino
Rhodes
requirements of this title for the regulation
gram for a State if such State-
II 1826
CONGRESSIONAL RECORD - HOUSE
March 17, 1975
(1) fails to submit a State program cov-
Act or the approved State program, he shall
States of Kentucky, Indiana, Maryland,
ering surface coal mining and reclamation
so advise the permittee and provide him a
North Carolina, Oklahoma, Pennsylvania,
operations by the end of the eighteen-month
reasonable opportunity for submission of a
South Carolina, Tennessee, and West Vir-
period beginning on the date of enactment
new application and reasonable time to con-
ginia, which have heretofore joined together
of this Act;
form ongoing surface mining and reclama-
in the Interstate Mining Compact or any
(2) fails to resubmit an acceptable State
tion operations to the requirements of this
other state who joint the Interstate Mining
program within sixty days of disapproval of
Act or approved State program.
Compact as long as such States have in force
a proposed State program: Provided, That
(g) Whenever a Federal program is prom-
and effect a "Mining Lands Reclamation Act
Secretary shall not implement a Federal
ulgated for a State pursuant to this Act. any
program prior to the expiration of the initial
statutes or regulations of such State which
(Mr. RISENHOOVER asked and WHIN
period allowed for submission of a State
are in effect to regulate surface mining And
atven permission to revise and extend
program as provided for in clause (1) of this
reclamation operations subject to this Act
his remarks.)
subsection; or
shall, insofar as they interfere with the
Mr. RISENHOOVER. Mr. Chairman,
(3) fails to implement, enforce, or main-
achievement of the purposes and the re-
when this Nation was pondering the na-
tain its approved State program as provided
quirements of this Act and the Federal pro-
for in this Act.
gram, be preempted and superseded by the
ture and content of its Constitution,
If State compliance with clause (1) of this
Federal program.
James Madison asked a question which
subsection requires an act of the State leg-
(h) Any Federal program shall include a
remains timely today: "Is the aggregate
islature the Secretary may extend the period
process for coordinating the review and is-
power of the general government great-
for submission of a State program up to an
suance of permits for surface mining and
er than ought to have been vested in it?"
additional six months. Promulgation and im-
reclamation operations with any other Fed-
I hope my amendment before this
plementation of a Federal program vests the
eral or State permit process applicable to the
House will be considered in that context.
Secretary with exclusive jurisdiction for the
proposed operation.
Most simply, I propose that States—
regulation and control of surface coal min-
STATE LAWS
which are meeting the challenges of rec-
ing and reclamation operations taking place
Mr. UDALL (during the reading). Mr.
lamation-be allowed a choice in wheth-
on lands within any State not in compliance
Chairman, I ask unanimous consent that
with this Act. After promulgation and im-
er to be governed by the provisions of
further reading of section 504 be dis-
plementation of a Federal program the Sec-
this act or by State laws.
retary shall be the regulatory authority. In
posed with, that it be printed in the REC-
The Oklahoma Legislature passed a
promulgating and implementing a Federal
ORD and open to amendment at any point.
concurrent resolution seeking exemption
program for a particular State the Secretary
The CHAIRMAN. Is there objection to
from Federal mining and reclamation
shall take into consideration the nature of
the request of the gentleman from Ari-
laws for Oklahoma and other members
that State's terrain, climate, biological, chem-
zona?
of the Interstate Mining Compact who
ical, and other relevant physical conditions.
There was no objection.
have their own reclamation acts.
(b) In the event that a State has a State
The CHAIRMAN. Are there any
Many of these States are far ahead
program for surface coal mining, and is not
enforcing any part of such program, the Sec-
amendments to section 504?
of the Federal Government in effecting
retary may provide for the Federal enforce-
If not, the Clerk will read.
sound reclamation. Oklahoma has its
ment, under the provisions of section 521, of
The Clerk read as follows:
own, good working reclamation and min-
that part of the State program not being
SEC. 505. (a) No State law or regulation
ing laws.
enforced by such State.
in effect on the date of enactment of this
Therefore, I say to this House, that in
(c) Prior to promulgation and implemen-
Act, or which may become effective there-
considering H.R. 25-the Surface Min-
tation of any proposed Federal program, the
after, shall be superseded by any provision
ing Control and Reclamation Act-you
Secretary shall give adequate public notice
of this Act or any regulation issued pursu-
must answer the Madison line of ques-
and hold a public hearing in the affected
ant thereto, except insofar as such State law
tion: We must admit that we are increas-
State.
or regulation is inconsistent with the provi-
(d) Permits issued pursuant to an ap-
sions of this Act.
ing the aggregate power of the general
proved State program shall be valid but re-
(b) Any provision of any State law or reg-
government greater than ought to be
viewable under a Federal program. Immedi-
ulation in effect upon the date of enactment
vested in it.
ately following promulgation of a Federal
of this Act, or which may become effective
In presenting this amendment both
program, the Secretary shall undertake to
thereafter, which provides for more stringent
during markup in the committee and
review such permits to determine that the
land use and environmental controls and reg-
again on this floor today, I am attempt-
requirements of this Act are not violated. If
ulations of surface coal mining and reclama-
ing to keep important public decisions
the Secretary determines any permit to have
tion operations than do the provisions of this
been granted contrary to the requirements
close to the people. I am committed to
Act or any regulation issued pursuant thereto
of this Act, he shall so advise the permittee
shall not be construed to be inconsistent
government nearest the people.
and provide him a reasonable opportunity
with this Act. Any provision of any State law
The various legislatures need to come
for submission of a new application and rea-
or regulation in effect on the date of enact-
to grips with their own State's environ-
sonable time to conform on-going surface
ment of this Act, or which may become ef-
ments, their local ecology, and make al-
mining and reclamation operations to the
fective thereafter, which provides for the con-
lowances for local problems. When there
requirements of the Federal program.
trol and regulation of surface mining and
is a local failure, then higher levels of
(e) A State which has failed to obtain the
reclamation operations for which no provi-
government should become concerned.
approval of a State program prior to imple-
sion is contained in this Act shall not be con-
mentation of a Federal program may submit
strued to be inconsistent with this Act.
I admit that the history of strip min-
a State program at any time after such im-
(c) Nothing in this Act shall be construed
ing is not pretty. In my own district,
plementation. Upon the submission of such
as affecting in any way the right of any per-
there are ugly reminders of irresponsible
a program, the Secretary shall follow the
son to enforce or protect, under applicable
mining.
procedures set forth in section 503 (b) and
State law, his interest in water resources af-
But, that was a long time ago. The
shall approve or disapprove the State pro-
fected by a surface coal mining operation.
Oklahoma Legislature, for many years,
gram within six months after its submittal.
Mr. UDALL (during the reading). Mr.
has been tightening the laws of mining
Approval of a State program shall be based
on the determination that the State has the
Chairman, I ask unanimous consent that
and reclamation. I would believe that the
capability of carrying out the provisions of
further reading of section 505 be dis-
people of the various States now should
this Act and meeting its purposes through
pensed with, that it be printed in the
have the choice of living with State
the criteria set forth in section 503(a) (1)
RECORD and open to amendment at any
laws-or with Federal laws. After all, it
through (6). Until a State program is ap-
point.
is their landscape or eyesore-and the
proved as provided under this section, the
The CHAIRMAN. Is there objection to
choice should also be theirs.
Federal program shall remain in effect and
the request of the gentleman from Ari-
all actions taken by the Secretary pursuant
H.R. 25 seems to me to be very simply a
zona?
to such Federal program, including the terms
matter of "who gets the mine-and who
and conditions of any permit issued there-
There was no objection.
gets the shaft."
under, shall remain in effect.
The CHAIRMAN. Are there any
Mr. UDALL. Mr. Chairman, I rise in
(f) Permits issued pursuant to the Fed-
amendments to Section 505?
opposition to the amendment.
eral program shall be valid but reviewable
AMENDMENT OFFERED BY MR. RISENHOOVER
Mr. Chairman, this amendment would
under the approved State program. The State
regulatory authority may review such per-
Mr. RISENHOOVER. Mr. Chairman, I
essentially gut the entire bill. It provides
mits to determine that the requirements of
offer an amendment.
that the member States of the interstate
this Act and the approved State program
The Clerk read as follows:
mining compact, which is an obscure
are not violated. If the State regulatory au-
Amendment offered by Mr. RISENHOOVER:
group, would be exempted from the pro-
thority determines any permit to have been
Page 221, Line 11, after "Act." insert "Noth-
visions of this bill. We would turn over,
granted contrary to the requirements of this
ing in this Act shall be applicable to the
in other words, to a small organization,
March 17, 1975
CONGRESSIONAL RECORD
1827
with almost no staff, the whole national
proved mining and reclamation plan of the
voluntary manslaughter or imprison-
question of whether we are going to have
original permittee until such successor's ap-
ment for not more than 10 years in the
tough, enforceable strip mining regula-
plication is granted or denied.
case of voluntary manslaughter.
tions.
(c) A permit shall terminate if the per-
mittee has not commenced the surface coal
Section 704 adds officers or employees
The interstate mining compact has
mining and reclamation operations covered
of the Department of the Interior as-
supporty 12, implement "
by 500h permit within three years of the
signed to perform investigative. inspec-
enforce any of the provisions of the pro-
issuance of the permit.
tion, or law enforcement functions to the
grame or of the law for its members.
(d) (1) Any valid permit issued pursuant
present list of officers and employees in
It is interesting to note that two States
to this Act shall carry with it the right of
the Department of Health, Education,
In the compact, Pennsylvania and Mary-
successive renewal upon expiration with re-
and Welfare, the Department of Labor,
land, are opposed to this amendment.
spect to areas within the boundaries of the
and so forth. The employees engaged in
existing permit. The holder of the permit
Mr. Chairman, I think it is an unwise
may apply for renewal and such renewal shall
the administration of this act, as well as
amendment.
be issued, subsequent to public hearing upon
other Interior employees deserve the
Mr. STEIGER of Arizona. Mr. Chair-
the following requirements and written find-
same protection as employees of these
man, I move to strike the last word, and
ing by the regulatory authority that-
other agencies.
I rise in support of the amendment.
(A) the terms and conditions of the exist-
I have been informed by Mr. Clyde
I will not use 5 minutes. I would just
ing permit are being satisfactorily met;
Webber, national president of the Ameri-
like to make one point clear for the
(B) the present surface coal mining and
can Federation of Government Em-
record.
reclamation operation is in full compliance
ployees. which represents many of these
with the environmental protection stand-
What the gentleman from Oklahoma
ards of this Act and the approved State plan
mine inspectors, that they fully support
has done is to actually synthesize into
pursuant to this Act;
this provision of the act.
one amendment what we have heard for
(C) the renewal requested does not jeop-
AMENDMENT OFFERED BY MR. RUPPE
4 years concerning what this bill is. This
ardize the operator's continuing responsibil-
Mr. RUPPE. Mr. Chairman, I offer an
bill was alleged to be a State-led bill, a
ity on existing permit areas;
amendment.
bill in which the States could determine
(D) the operator has provided evidence
their own fate within guidelines approved
that the performance bond in effect for said
The Clerk read as follows:
operation will continue in full force and
Amendment offered by Mr. RUPPE: page
by the Federal Government.
effect for any renewal requested in such ap-
223, line 2, strike the period, and insert a
The interstate mining compact does
plication as well as any additional bond the
comma in lieu thereof, and add the following
that without the frills and the "goodies"
regulatory authority might require pursuant
phrase "provided that with respect to coal
and the expense. If we really are inter-
to section 509; and
to be mined for use in a synthetic fuel fa-
ested only in seeing to it that nobody can
(E) any additional revised or updated
cility, the permittee shall be deemed to have
mine coal by a surface method unless
information required by the regulatory au-
commenced surface mining operations at
they reclaim the land, we should accept
thority has been provided. Prior to the
such time as the construction of the syn-
the gentleman's amendment.
approval of any extension of permit the
thetic fuel facility is initiated."
regulatory authority shall provide notice
The CHAIRMAN. The question is on
(Mr. RUPPE asked and was given per-
to the appropriate public authorities.
the amendment offered by the gentle-
mission to revise and extend his re-
(2) If an application for renewal of a valid
man from Oklahoma (Mr. RISENHOOVER).
permit includes a proposal to extend the
marks.)
The question was taken; and the
mining operation beyond the boundaries au-
Mr. RUPPE. Mr. Chairman, the lan-
Chairman announced that the noes ap-
thorized in the existing permit, the portion
guage in the legislation as it is presently
peared to have it.
of the application for revision of a valid
written requires that a corporation or
Mr. RISENHOOVER. Mr. Chairman,
permit which addresses any new land areas
mining organization either begin to
I demand a recorded vote.
shall be subject to the full standards appli-
utilize the mine under the permit within
A recorded vote was refused.
cable to new applications under this Act.
3 years of issuance of that permit or re-
(3) Any permit renewal shall be for a term
So the amendment was rejected.
not to exceed the period of the original per-
linquish the permit. Generally speaking,
The CHAIRMAN. Are there further
mit established by this Act. Application for
I think that is a very wise proposal, in
amendments to section 505?
permit renewal shall be made at least one
view of the fact that in too many in-
If not, the Clerk will read.
hundred and twenty days prior to the ex-
stances in the past companies have se-
The Clerk read as follows:
piration of the valid permit.
cured a surface-mining permit but have
PERMITS
Mr. UDALL (during the reading) Mr.
simply failed to exercise that permit over
SEC. 506. (a) On and after six months from
Chairman, I ask unanimous consent that
a period of a few years and the coal has
the date on which a State program is ap-
not been produced and the coal resource
section 506 be considered as read, printed
proved by the Secretary, pursuant to sec-
has been sat upon to the benefit of the
in the RECORD and open to amendment
tion 503 of this Act, or on and after six
mining company but not necessarily to
months from the date on which the Secre-
at any point.
the benefit of the American public.
tary has promulgated a Federal program for
The CHAIRMAN. Is there objection
However, we'do have a particular prob-
a State not having a State program pursu-
to the request of the gentleman from
lem that has arisen, particularly in the
ant to section 504 of this Act, no person shall
Arizona?
case of coal gasification systems and in
engage in or carry out on lands within a
There was no objection.
the case of synthetic fuels.
State any surface coal mining operations
Mr. UDALL. Mr. Chairman, I move to
unless such person has first obtained a per-
For example, it is my understanding
strike the last word.
mit issued by such State pursuant to an ap-
that a coal gasification project would
proved State program or by the Secretary
(Mr. UDALL asked and was given per-
take a great deal of time beyond the orig-
pursuant to a Federal program: except a
mission to revise and extend his re-
inal 3-year period to actually come into
person conducting surface coal mining oper-
marks.)
production. In some instances, the cost
ations under a permit from the State regu-
Mr. UDALL. Mr. Chairman, section
of such a synthetic or coal gasification
latory authority. issued in accordance with
1114. title 18, United States Code now
project would be in excess of $1 billion.
the provisions of section 502 of this Act, may
conduct such operations beyond such period
provides for protection of officers and
It would require a very long leadtime,
if an application for a permit has been filed
employees of the United States and pro-
5 or 6 years. It would require Federal
in accordance with the provisions of this Act,
vides that any person who kills any of
Power Commission approval of the re-
but the initial administrative decision has
the identified officers or employees of the
lated pipeline facilities. It would require
not been rendered.
United States while engaged in the per-
other Federal and State approvals with
(b) All permits issued pursuant to the re-
formance of his official duties, or on ac-
regard to water and sewer.
quirements of this Act shall be issued for a
count of the performance of his official
So actually all the permits and all the
term not to exceed five years and shall be
duties, shall be punished by death or
financing and all the Federal Power
nontransferable: Provided, That a successor
life imprisonment in the case of first de-
in interest to a permittee who applies for a
Commission approval simply could not
new permit within thirty days of succeeding
gree murder, and for any term of years
be secured within a 3-year period.
to such interest and who is able to obtain
or for life in the case of second degree
Mr. Chairman, the amendment I have
the bond coverage of the original permittee
murder, or shall be fined not more than
offered would give us in these instances
may continue surface coal mining and rec-
$1,000 or imprisonment for not more
of the synthetic fuels the regulatory au-
lamation operations according to the ap-
than 3 years or both in the case of in-
thority to extend beyond 3 years the time
H 1828
CONGRESSIONAL RECORD - HOUSE
March 17, 1975
frame under which the company in ques-
is a person different from the applicant; and
or larger, including all manmade features and
tion would have to begin mining opera-
(F) if any of these are business entities other
significant known archeological sites exist-
tions
than a single proprietor, the names and ad-
ing on the date of application. Such a map
Let me say that it is not possible to
dresses of the principals, officers, and resi-
or plan shall among other things specified
dent agent:
even begin mining operations and store
by the regulatory authority show all bound-
(2) the names and addresses of the owners
aries of the land to be affected, the bound-
the fuel, at least not in the case of
of record of all surface and subsurface areas
ary lines and names of present owners of
lignite.
within five hundred feet of any part of the
record of all surface areas abusting the
It is my understanding that lignite
permit area;
permit area, and the location of all buildings
does not store very well. Second, if one
(3) a statement of any current or pre-
within one thousand feet of the permit area;
does try to store ignite, it is susceptible
vious surface coal mining permits in the
(14) cross-section maps or plans of the
of spontaneous combustion. For that rea-
United States held by the applicant and the
land to be affected including the actual area
son, obviously, they cannot begin to mine
permit identification;
to be mined, prepared by or under the di-
(4) if the applicant is a partnership, cor-
and hold the product.
rection of and certified by a registered pro-
poration, association, or other business en-
fessional engineer, or registered land sur-
Therefore, I think we have to get, as
tity, the following where applicable: the
veyor and a professional geologist (when
my amendment would suggest, some
names and addresses of every officer, partner,
specific subsurface information is deemed
latitude, some leeway, for the regulatory
director, or person performing a function
essential and requested by the regulatory
authority to go beyond the initial 3-year
similar to a director, of the applicant, to-
authority), showing pertinent elevation and
period under which operations would
gether with the name and address of any
location of test borings or core samplings
have to be initiated. I think this amend-
person owning, of record or beneficially
and depicting the following information: the
either alone or with associates, 10 per centum
ment does not go beyond the letter or
nature and depth of the various strata of
or more of any class of stock of the applicant
overburden; the location of subsurface
beyond the spirit of the bill, and I do
and a list of all names under which the ap-
water, if encountered, and its quality; the
believe that it would be a very valuable
plicant, partner, or principal shareholder
nature and thickness of any coal or rider
addition to bring gasification systems
previously operated a surface mining opera-
seam above the coal seam to be mined; the
into being.
tion within the United States;
nature of the stratum immediately beneath
Mr. UDALL. Mr. Chairman, will the
(5) a statement of whether the applicant,
the coal seam to be mined; all mineral crop
gentleman yield?
any subsidiary, affiliate, or persons controlled
lines and the strike and dip of the coal to be
by or under common control with the appli-
Mr. RUPPE. I yield to the gentleman
mined within the area of land to be affected;
cant, has ever held a Federal or State min-
from Arizona.
existing or previous surface mining limits;
ing permit which subsequent to 1960 has
the location and extent of known workings
Mr. UDALL. Mr. Chairman, the very
been suspended or revoked or has had a min-
or any underground mines, including mine
large coal facilities do pose some special
ing bond or similar security deposited in lieu
openings to the surface; the location of
problems, and it is obvious that the min-
of bond forfeited and, if so, a brief explana-
aquifers; the estimated elevation of the
ing might not be started in 3 years, even
tion of the facts involved;
water table; the location of spoil, waste, or
though one had committed himself le-
(6) a copy of the applicant's advertise-
refuse areas and topsoil preservation areas;
ment to be published in a newspaper of gen-
gally and financially to construction and
the location of all impoundments for waste
eral circulation in the locality of the pro-
had actually begun construction of the
or erosion control; any settling or water
posed site at least once a week for four suc-
treatment facilities; constructed or natural
plant facilities.
cessive weeks, and which includes the owner-
drainways and the location of any discharges
I believe that this is a similar prob-
ship, a description of the exact location and
to any suface body of water on the area of
lem presented by the "grandfathering"
boundaries of the proposed site sufficient so
land to be affected or adjacent thereto; and
of existing mines in other sections of the
that the proposed operation is readily locat-
profiles at appropriate cross sections of the
bill, the committee included those mines
able by local residents, and the location of
anticipated final surface configuration that
for which there were "substantial legal
where the application is available for public
will be achieved pursuant to the operator's
inspection;
and financial commitments." We viewed
proposed reclamation plan;
(7) a description of the type and method
such commitments as being demon-
of coal mining operation that exists or is
(15) a statement of the results of test
strated where there is actual construc-
proposed, the engineering techniques pro-
borings or core samplings from the permit
tion of a synthetic fuel or powerplant
posed or used, and the equipment used or
area, including logs of the drill holes; the
facility, so I believe the gentleman's
proposed to be used;
thicknes of the coal seam found, an analysis
amendment is consistent with this
(8) the anticipated or actual starting and
of the chemical properties of such coal; the
termination dates of each phase of the min-
sulfur content of any coal seam; chemical
concept.
ing operation and number of acres of land
analysis of potentially acid or toxic forming
The CHAIRMAN. The question is on
to be affected;
sections of the overburden; and chemical
the amendment offered by the gentleman
(9) evidence of the applicant's legal right
analysis of the stratum lying immediately
from Michigan (Mr. RUPPE).
to enter and commence surface mining op-
underneath the coal to be mined; and
The amendment was agreed to.
erations on the area affected;
(16) information pertaining to coal seams,
The CHAIRMAN. Are there any fur-
(10) the name of the watershed and loca-
test borings, or core samplings as required
ther amendments to section 506?
tion of the surface stream or tributary into
by this section shall be made available to
If not, the Clerk will read.
which surface and pit drainage will be dis-
any person with an interest which is or may
The Clerk reads as follows:
charged;
be adversely affected: Provided, That in-
(11) a determination of the hydrologic con-
formation which pertains only to the analysis
APPLICATION REQUIREMENTS
sequences of the mining and reclamation op-
of the chemical and physical properties of
SEC. 507. (a) Each application for a sur-
erations, both on and off the mine site, with
the coal (excepting information regarding
face coal mining and reclamation permit
respect to the hydrologic regime, quantity
such mineral or elemental content which is
pursuant to an approved State program or
and quality of water in surface and ground
potentially toxic in the environment) shall
a Federal program under the provisions of
water systems including the dissolved and
be kept confidential and not made a matter
this Act shall be accompanied by a fee or
suspended solids under seasonal flow condi-
of public record.
portion thereof as determined by the regu-
tions and the collection of sufficient data
(c) Each applicant for a permit shall
latory authority. Such fee shall be based as
for the mine site and surrounding trea so
be required to submit to the regulatory
nearly as possible upon the actual or antici-
that an assessment can be made of the prob-
authority as part of the permit applica-
pated cost of reviewing, administering, and
able cumulative impacts of all anticipated
cation a certificate issued by an insur-
enforcing such permit issued pursuant to a
mining in the area upon the hydrology of
ance company authorized to do business in
State or Federal program. The regulatory au-
the area and particularly upon water avail-
the United States certifying that the appli-
thority may develop procedures so as to en-
ability.
cant has a public liability insurance policy in
able the cost of the fee to be paid over the
(12) when requested by the regulatory
force for the surface mining and reclama-
term of the permit.
authority, the climatological factors that are
tion operations for which such permit is
(b) The permit application shall be sub-
peculiar to the locality of the land to be
sought, or evidence that the applicant has
mitted in a manner satisfactory to the regu-
affected, including the average seasonal pre-
satisfied other State or Federal self-insur-
latory authority and shall contain, among
cipitation, the average direction and velocity
ance requirements. Such policy shall pro-
other things—
of prevailing winds, and the seasonal tem-
vide for personal injury and property damage
(1) the names and address of (A) the per-
perature ranges;
protection in an amount adequate to com-
mit applicant; (B) every legal owner of rec-
(13) an accurate map or plan to an ap-
pensate any persons damaged as a result
ord of the property (surface and mineral) to
propriate scale clearly showing (A) the
of surface coal mining and reclamation op-
be mined; (C) the holders of record of any
land to be affected as of the date of appli-
erations and entitled to compensation under
leasehold interest in the property; (D) any
cation and (B) all types of information set
the applicable provisions of, State law. Such
purchaser of record of the property under a
forth on topographical maps of the United
policy shall be maintained in full force and
real estate contract; (E) the operator if he
States Geological Survey of a scale of 1:24,000
effect during the terms of the permit or any
March 17, 1975
CONGRESSIONAL RECORD
1829
renewal, including the length of all reclama-
reclamation requirements of H.R. 25 will
(10) the consideration which has been
tion operations.
be met. This requirement also is not in-
given to making the surface mining and
(d) Each applicant for a permit shall be
tended to involve public employees who
reclamation operations consistent with ap-
required " submit 1, 1.1185 regulatory author-
may be involved with the regulation of
plicable State and local land use plans and
1y as part of the permit application & rec-
programs;
surface coal mining and reclamation
Lamation plan which shall meet the require-
(11) all lands, interests in lands, or options
ments of this Act.
activities as provided for in H.R. 25 in
on such interests held by the applicant or
(e) Each applicant for a surface coal min-
the preparation of mining plans and
pending bids on interests in lands by the
ing and reclamation permit shall file a copy
thus place them in a difficult or con-
applicant, which lands are contiguous to the
of his application for public inspection with
flicting position.
area to be covered by the permit;
the recorder at the courthouse of the county
Therefore, Mr. Chairman, I support
(12) the results of test borings which the
or an appropriate official approved by the
the amendment.
applicant has made at the area to be cov-
regulatory authority where the mining is
ered by the permit, including the location of
The CHAIRMAN. The question is on
proposed to occur, except for that informa-
subsurface water, and an analysis of the
the amendment offered by the gentleman
tion pertaining to the coal seam itself.
chemical properties including acid forming
from Iowa (Mr. HARKIN).
properties of the mineral and overburden:
Mr. UDALL (during the reading). Mr.
The amendment was agreed to.
Provided, That information about the min-
Chairman, I ask unanimous consent that
The CHAIRMAN. Are there further
eral shall be withheld by the regulatory au-
section 507 be considered as read, printed
amendments to section 507?
thority if the applicant so requests;
in the RECORD, and open to amendment
If not, the Clerk will read.
(13) a detailed description of the measures
at any point.
The Clerk read as follows:
to be taken during the mining and reclama-
tion process to assure the protection of (A)
The CHAIRMAN. Is there objection to
RECLAMATION PLAN REQUIREMENTS
the quantity and quality of surface and
the request of the gentleman from
SEC. 508. (a) Each reclamation plan sub-
ground water systems, both on- and off-site,
Arizona?
mitted as part of a permit application pur-
from adverse effects of the mining and rec-
There was no objection.
suant to any approved State program or a
lamation process, and (B) the rights of pres-
AMENDMENT OFFERED BY MR. HARKIN
Federal program under the provisions of this
ent users to such water; and
Act shall include, in the degree of detail
(14) such other requirements as the regu-
Mr. HARKIN. Mr. Chairman, I offer
necessary to demonstrate that reclamation
latory authority shall prescribe by regulation.
an amendment.
required by the State or Federal program can
(b) Any information required by this sec-
The Clerk read as follows:
be accomplished, a statement of:
tion which is not on public file pursuant to
Amendment offered by Mr. HARKIN: Page
(1) the identification of the entire area to
State law shall be held in confidence by the
228, line 23, after "authority," insert the
be mined and affected over the estimated
regulatory authority.
following: "or other qualified personnel at
life of the mining operation and the size,
State universities,".
sequence, and timing of the subareas for
Mr. UDALL (during the reading). Mr.
which it is anticipated that individual per-
Chairman, I ask unanimous consent that
(Mr. HARKIN asked and was given
mits for mining will be sought;
section 508 be considered as read, printed
permission to revise and extend his re-
(2) the condition of the land to be covered
in the RECORD, and open to amendment
marks.)
by the permit prior to any mining including:
at any point.
Mr. HARKIN. Mr. Chairman, this
(A) the uses existing at the time of the
The CHAIRMAN. Is there objection to
amendment is just a technical amend-
application, and if the land has a history of
previous mining, the uses which preceded
the request of the gentleman from
ment. I believe it is non-controversial.
any mining; and
Arizona?
It recognizes that in many State uni-
(B) the capability of the land prior to any
There was no objection.
versities there are professional faculty
mining to support a variety of uses giving
AMENDMENT OFFERED BY MR. MELCHER
members in engineering geology and
consideration to soil and foundation charac-
plant sciences who are capable of pre-
teristics, topography, and vegetative cover;
Mr. MELCHER. Mr. Chairman, I offer
paring the detailed plans that this sec-
(3) the use which is proposed to be made
an amendment.
tion calls for. However, it appears that
of the land following reclamation, including
The Clerk read as follows:
under the wording of this section, they
a discussion of the utility and capacity of the
Amendment offered by Mr. MELCHER:
reclaimed land to support a variety of alter-
might be precluded from doing so un-
Amend section 508(a) (5) by deleting on page
native uses and the relationship of such use
less it is amended.
233, lines 2 and 3: '(where vegetation existed
to existing land use policies and plans, and
immediately prior to mining);".
Coal deposits in Iowa are very small
the comments of any State and local govern-
deposits, and all that my amendment
ments or agencies thereof which would have
Mr. MELCHER. Mr. Chairman, the
seeks to do is to encourage the planned
to approve or authorize the proposed use of
reason I am offering this amendment is
use of these energy resources and small
the land following reclamation;
to restore some sense to the language
pockets to allow competent personnel in
(4) a detailed description of how the pro-
that is involved in these two lines.
our State universities to draw up these
posed post-mining land use is to be achieved
and the necessary support activities which
If the Members will refer to page 233
plans. The purpose of the section is to
may be needed to achieve the proposed land
and the section I am amending, they will
assure that competent people prepare
use;
see that it requires "appropriate revege-
these plans, and my amendment assists
(5) the engineering techniques proposed to
tation," and then the words in paren-
in accomplishing that purpose.
be used in mining and reclamation and a
theses, "(where vegetation existed im-
Mr. Chairman, I urge the adoption of
description of the major equipment; a plan
mediately prior to mining) are to be
the amendment.
for the control of surface water drainage and
deleted.
Mr. UDALL. Mr. Chairman, will the
of water accumulation; a plan, where ap-
Some had thought, during debate on
propriate, for backfilling, soil stabilization,
gentleman yield?
and compacting, grading, and appropriate re-
the bill in committee during some of our
Mr. HARKIN. I yield to the gentleman
vegetation (where vegetation existed imme-
harriest sessions when amendments were
from Arizona.
diately prior to mining); an estimate of the
being offered to amendments, that this
(Mr. UDALL asked and was given per-
cost per acre of the reclamation, including
would somehow take care of a desert sit-
mission to revise and extend his re-
a statement as to how the permittee plans to
uation where there is very sparse vegeta-
marks.)
comply with each of the requirements set
tion.
Mr. UDALL. I have gone over the
out in section 515;
(6) the steps to be taken to comply with
I would respectfully submit to the
amendment with the gentleman and with
applicable air and water quality laws and
members of the committee that the
the distinguished gentleman from Iowa
regulations and any applicable health and
words "appropriate revegetation" very
(Mr. SMITH), and it seems to me that
safety standards;
adequately take care of a desert situation
the amendment makes sense.
(7) the consideration which has been given
because "appropriate revegetation" there
The basic provision in the bill was not
to developing the reclamation plan in a man-
in the eyes of the regulatory agency
meant to preclude qualified persons from
ner consistent with local, physical environ-
would be returning the land to a condi-
preparing mining applications-in fact
mental, and climatological conditions and
tion where if rain fell on the desert it
it was directed towards assuring that
current mining and reclamation technolo-
gies;
would develop its normal sparse vegeta-
such is the case.
The use of "State employees" such as
(8) the consideration which has been given
tion. But what about reforestation?
to insuring the maximum practicable recov-
Clearly that would be revegetation.
University personnel in preparing min-
ery of the mineral resource;
If it is a case where a forest was cut
ing and reclamation plans does not re-
(9) a detailed estimated timetable for the
down before mining commenced, trees
lieve the operator of the responsibility
accomplishment of each major step in the
were cut down and then mining occurred,
of "affirmatively demonstrating" that the
reclamation plan;
and they want to put it back into a re-
H1830
CONGRESSIONAL RECORD HOUSE
March 17, 1975
forested condition, that is taken care of
Congress position which the gentleman
reclamation plan includes a statement
appropriately in revegetation. Where
from Montana has put is. The gentle-
that there is & sufficient availability of
those conditions happen, then this is cov-
man says on the one hand that we can
viable seeds pursuant to a reclamation
cred in that sense. In the case of land
trust the judgment of the appropriate
plan.
In Montana or other points in the West
authority to interpret "appropriate re-
The reasons for the amendment are
where some farmers practice summer
vegetation," in other words, with regard
very obvious. Different species of reveg-
fallow. It might be the case that, im-
to the desert areas, but we cannot trust
etation are important in significant
mediately prior to the mining, the land
the authority to exercise good judgment
areas of reclaimed land. Some adapt
had been summer fallowed and to re-
in the way of forested areas.
very well to highlands, others to low-
quire that the land be returned to the
This is a serious kind of sophistry.
lands; some are admptable for sheep,
same condition, would not serve any
I agree it probably does not matter
others are adaptable for cattle; some
good purpose. Permitting land to be left
whether this language is in or out, but
prosper in arid regions, others in more
only in a plowed-up condition should not
it simply weakens an already weak bill,
humid areas. I think it is a very im-
be permitted in the bill and, indeed, in
but taking it out serves no purpose. It
portant amendment, and I urge its
other sections of the bill, would not be
certainy makes some potential mining
adoption.
permitted, but it would be suggested in
somewhere subject to challenge by liti-
Mr. UDALL. Mr. Chairman, will the
this very unuseful and unnecessary
gation because it is practically impos-
gentleman yield?
phrase, that that might be the situation.
sible to revegetate an area in which there
Mr. BAUCUS. I yield to the gentleman
The bill intends that the soil be capable
was no vegetation, which is the purpose
from Arizona.
of supporting appropriate revegetation
of this qualified language in parentheses
Mr. UDALL. I thank the gentleman for
and the deleted language is confusing
that we are striking. That is the only
yielding.
and misleading.
purpose the striking of this language
I think this amendment relates to a
It is for that purpose that I recom-
will serve-to provide a base for litiga-
problem the committee did not fully take
mend to the committee this amendment.
tion if somebody wants to attack a desert
into consideration. The amendment
Mr. UDALL. Mr. Chairman, will the
surface mine operation in the future. It
makes it explicit and is the type of de-
gentleman yield?
is a very unfortunate use, whatever the
tail we need. I support the amendment.
Mr. MELCHER. I am happy to yield
gentleman's concerns are.
Mr. STEIGER of Arizona. Mr. Chair-
to the gentleman from Arizona.
Mr. MELCHER. Mr. Chairman, will
man, will the gentleman
Mr. UDALL. Mr. Chairman, this is a
the gentleman yield?
Mr. BAUCUS. I yield to the gentleman
good amendment, and it ought to be
Mr. STEIGER of Arizona. I yield to
from Arizona.
adopted, and I support the amendment.
the gentleman from Montana.
Mr. STEIGER of Arizona. I thank the
Mr. RUPPE. Mr. Chairman, will the
Mr. MELCHER. I thank the gentle-
gentleman for yielding.
gentleman yield?
man for yielding.
I would be fascinated to know where
Mr. MELCHER. I yield to the gentle-
I would like to make it clear that in
the gentleman came up with the problem
man from Michigan.
no way would the amendment affect re-
which this amendment contemplates. Did
Mr. RUPPE. What would be the appro-
forestation. I would just like to bring it
the gentleman run into some nonviable
priate revegetation in those instances
to the Committee's attention that re-
seed? Is that the purpose-to make sure
where it is in a desert condition, and
vegetation-that phrase by itself-will
that there is no seed that is not capable
there had been no prior vegetation what-
take care of reforestation if that is se-
of regermination as a plot on the part
soever?
lected as a type of revegetation by the
of an evil demon?
Mr. MELCHER. I would point out to
regulatory authority.
Mr. BAUCUS. No, the purpose is more
the gentleman from Michigan that even
Mr. STEIGER of Arizona. That is my
to the availability of the seeds, not so
in the desert areas there is some type
understanding, also. That, of course,
such to the viability. It relates more to
of vegetation some time during the year
makes the striking of the words even
the supply of seeds.
when it rains, and the bill after my
more meaningless, and the presence of
Mr. STEIGER of Arizona. If the gen-
amendment, of course, means returning
the words does no harm. The striking of
tleman will yield further, in other words,
the land to the condition that would be
them, as the gentleman suggests, does
if a coal company announced that it was
receptive, or the soil would be recepitve,
sufficient potential harm.
going to seed crested wheat, and they
when it rains, to produce the vegetation,
The CHAIRMAN. The question is on
looked around and there was no crested
which would be "appropriate revegeta-
the amendment offered by the gentle-
wheat available, in that way they would
tion" as stated in the bill. It does in no
man from Montana (Mr. MELCHER).
duck their obligation?
sense change the status that the regula-
The amendment was agreed to.
Mr. BAUCUS. No, there has to be a
tory agency would enforce and would
The CHAIRMAN. Are there further
statement that there is an availability of
accept in desert areas.
amendments?
the supply of seeds.
Mr. RUPPE. The gentleman is not sug-
Mr. STEIGER of Arizona. If the gen-
gesting, then, that the land would be
AMENDMENT OFFERED BY MR. BAUCUS
tleman will yield further, of course, the
required to provide for vegetation after
Mr. BAUCUS. Mr. Chairman, I offer
gentleman realizes he is just burdening
mining where no vegetation had in effect
an amendment.
this thing with more administrative ef-
been in existence prior to that?
The Clerk read as follows:
fort. While I realize there is some slight
Mr. MELCHER. No; I would say to
Amendment offered by Mr. BAUCUS: Page
prestige in having one's name on an
the gentleman from Michigan, that I
232, line 22, insert a new paragraph "(5)"
amendment, the net result is going to
would not want to suggest that. In other
as follows and renumber all subsequent
mean that there is going to have to be
parts of the bill we have stated very
paragraphs:
another document filed which has noth-
clearly that revegetation on the land
"(5) a detailed description of the proposed
revegetation plan, including the identifica-
ing to do with reclamation. Surely the
to the condition at least as good as it was
before is satisfactory revegetation.
tion of plant species and appropriate as-
gentleman does not suggest that this is
surances that viable seeds will be available
going to eliminate the potential shortage
Mr. RUPPE. Nothing had been there
in sufficient quantities to ensure that the
of seeds or some such thing. Is the gentle-
before, and nothing was good enough
proposed revegetation plan will be schieved
man attacking the problem? I am being
afterward; is that right?
in compliance with the proposed timetable
very serious.
Mr. MELCHER. Well, I would not want
for reclamation;".
Mr. BAUCUS. Yes.
to say "nothing," because even in desert
Mr. BAUCUS. Mr. Chairman, this is
Mr. STEIGER of Arizona. If the gen-
areas sometimes the rains come and are
a very simple amendment, but equally
tleman will yield further, what is the
capable of providing vegetation, when
important, I believe. Very simply, what
problem the gentleman is attacking?
there is a rainfall, and that is appro-
this amendment does is provide when a
Mr. BAUCUS. The problem is really
priate revegetation.
coal company submits its reclamation
twofold. With respect to the point the
Mr. STEIGER of Arizona. Mr. Chair-
plan that the plan includes a statement
gentleman is making, the problem is ade-
man, I rise in opposition to the amend-
of what types of species of seeds and
quate availability. At the present time
ment.
revegetation the company intends to
there is some question as to the avail-
Mr. Chairman, I would just like to call
use in revegetating the stripped, re-
ability of some seeds.
the attention of the committee to the
claimed land; and, second, that the
Mr. STEIGER of Arizona. If the gen-
March 17, 1975
CONGRESSIONAL RECORD HOUSE
1831
tleman will yield further. is he suggesting
ask to rise and we will continue con-
program or Federal program under the provi-
that this legislation would improve that
sideration of that amendment tomorrow.
sions of this Act, including public notifica-
situation as to the availability of seed?
Mr. STEIGER of Arizona. Mr. Chair-
tion and an opportunity for a public hearing
as required by section 513, the regulatory
Somehow this 18 going to make seed more
man, I withdraw my reservation of ob-
authority shall grant or deny the applica-
available?
jection.
tion for a permit and notify the applicant in
Mr. BAUCUS. I think it will help, be-
The CHAIRMAN. Is there objection to
writing. Within ten days after the granting
cause this is only in the reclamation plan.
the request of the gentleman from Art-
of a permit, the regulatory authority shall
The plan does not apply for another 2
zona?
notify the State and the local official who
years, roughly.
has the duty of collecting real estate taxes
There was no objection.
By that time we will be certain that
in the local political subdivision in which the
The remainder of title V is as follows:
area of land to be affected is located that
there will be a sufficient supply of seeds.
PERFORMANCE BONDS
a permit has been issued and shall describe
This will help to make that condition
SEC. 509. (a) After a surface coal mining
the location of the land.
more certain.
and reclamation permit application has been
(b) No permit, revision, or renewal appli-
Mr. STEIGER of Arizona. The legisla-
approved but before such a permit 18 issued,
cation shall be approved unless the applica-
tion will anticipate the seed availability
the applicant shall file with the regulatory
tion affirmatively demonstrates and the reg-
in 2 years?
authority, on a form prescribed and fur-
ulatory authority finds in writing on the
Mr. BAUCUS. I think the thrust of
nished by the regulatory authority. a bond
basis of the information set forth in the
this will help us to assure that there
for performance payable, as appropriate, to
application or from information otherwise
the United States or to the State, and con-
available which will be documented in the
is a supply available. That is right.
Mr. STEIGER of Arizona. I thank the
ditional upon faithful performance of all
approval, and made available to the appli-
the requirements of this Act and the permit.
cant, that-
gentleman.
The bond shall cover that area of land with-
(1) all the requirements of this Act and
The CHAIRMAN. The question is on
in the permit area upon which the operator
the State or Federal program have been com-
the amendment offered by the gentle-
will initiate and conduct surface coal mining
plied with;
man from Montana (Mr. BAUCUS).
and reclamation operations within the ini-
(2) the applicant has demonstrated that
The question was taken; and on a divi-
tial term of the permit. As succeeding incre-
reclamation as required by this Act and the
sion (demanded by Mr. STEIGER of Ari-
ments of surface coal mining and reclamation
State or Federal program can be accomplished
operations are to be initiated and conducted
under the reclamation plan contained in the
zona) there were-ayes 38; noes 14.
within the permit area, the permittee shall
permit application;
Mr. SYMMS. Mr. Chairman, I de-
file with the regulatory authority an addi-
(3) the assessment of the probable cumu-
mand a recorded vote.
tional bond or bonds to cover such incre-
lative impact of all anticipated mining in the
A recorded vote was refused.
ments in accordance with this section. The
area on the hydrologic balance specified in
So the amendment was agreed to.
amount of the bond required for each
section 507(b) has been made and the pro-
Mr. UDALL. Mr. Chairman, I move to
bonded area shall depend upon the reclama-
posed operation thereof has been designed
strike the last word.
tion requirements of the approved permit
to prevent irreparable offsite impacts to hy-
Mr. Chairman, I take this time to ad-
and shall be determined by the regulatory
drologic balance;
authority on the basis of at least two inde-
(4) the area proposed to be mined is not
vise my colleagues that through an ar-
pendent estimates. The amount of the bond
included within an area designated unsuit-
rangement with the leadership we have
shall be sufficient to assure the completion of
able for surface coal mining pursuant to sec-
agreed the Committee will rise at 5
the reclamation plan if the work had to be
tion 522 of this Act or is not within an area
o'clock tonight and we will try to com-
performed by a third party in the event of
under study for such designation in an ad-
plete consideration tomorrow. Accord-
forfeiture and in no case shall the bond be
ministrative proceeding commenced pursuant
ing to whispers and rumors current in
less than $10,000.
to section 522(a) (4) (D) or section 522(c)
the Chamber now, it appears that I might
(b) Liability under the bond shall be for
(unless in such an areas as to which an ad-
get by with a unanimous-consent request
the duration of the surface coal mining and
ministrative proceeding has commenced pur-
at this time, so I ask unanimous consent
reclamation operation and for a period coin-
suant to section 522(a) (4) (D) of this Act,
cident with operator's responsibility for veg-
the operator making the permit application
that the remainder of title V-not the
etation requirements in section 515. The
demonstrates that, prior to the date of en-
bill but just the remainder of title V-
bond shall be executed by the operator and
actment of this Act, he has made substantial
be considered as read and open to amend-
a corporate surety licensed to do business in
legal and financial commitments in relation
ment at any point.
the State where such operation is located,
to the operation for which he is applying for
The CHAIRMAN. Is there objection to
except that the operator may elect to deposit
a permit); and
the request of the gentleman from
cash, negotiable bonds of the United States
(5) The proposed surface coal mining op-
Arizona?
Government or such State, or negotiable cer-
eration, if located west of the one hundredth
Mr. HECHLER of West Virginia. Mr.
tificates of deposit of any bank organized or
meridian west longitude, would-
transacting business in the United States.
Chairman, reserving the right to object,
(A) not have a substantial adverse affect
The cash deposit or market value of such
I have additional amendments I wish to
on valley floors, underlain by unconsolidated
securities shall be equal to or greater than
streamland deposits where farming can be
offer to title V.
the amount of the bond required for the
practiced on irrigated or naturally sub-
Mr. UDALL. If the gentleman will
bonded area.
irrigated haymeadows or other croplands
yield, it would not be our intention, mine
(c) The regulatory authority may accept
(excluding undeveloped range lands), where
or the gentlewoman from Hawaii (Mrs.
the bond of the applicant itself without sep-
such valley floors are significant to present
MINK), to cut off the offering of addi-
arate surety when the applicant demon-
or potential farming or ranching operations;
strates to the satisfaction of the regulatory
tional amendments. We might ask un-
(B) not adversely affect the quantity or
authority the existence of a suitable agent
animous consent to limit debate on the
quality of water in surface or underground
to receive service of process and a history of
water systems that supply these valley floors
amendments after they have been heard,
financial solvency and continuous operation
in (A) of subsection (b) (5): or
but there would be no attempt to cut off
sufficient for authorizaton to self-insure or
bond such amount.
(C) not alter the channel of a significant
the offering of additional amendments.
watercourse which is identified as a stream
Mr. HECHLER of West Virginia. Mr.
(d) Cash or securities 80 deposited shall
fed by (1) a spring, other ground-water
Chairman, I withdraw my reservation
be deposited upon the same terms as the
discharge, or surface flow that flows an
of objection.
terms upon which surety bonds may be de-
average of two hundred and fifty gallons
posited. Such securities shall be security for
Mr. STEIGER of Arizona. Mr. Chair-
per minute or more during one hundred and
the repayment of such negotiable certificate
man, reserving the right to object, if at
of deposit.
twenty days or more per year; and (2) a
the time 5 o'clock arrives we are in the
drainage area which encompasses ten thou-
(e) The amount of the bond or deposit re-
sand acres or more when measured above
process of considering one amendment
quired and the terms of each acceptance of
the lowest point of impact on the water-
or another, is it the intention of the
the applicant's bond shall be adjusted by the
course by the proposed surface coal mining
gentleman to try to continue with that
regulatory authority from time to time as
operation, as documented by the State or
amendment and conclude it, or rise and
affected land acreages are increased or de-
Federal regulatory authority.
continue tomorrow with that same
creased or where the cost of future reclama-
tion obviously changes.
(c) The applicant shall file with his per-
amendment?
mit application a schedule listing any and
PERMIT APPROVAL OR DENIAL
Mr. UDALL. We will try to finish as
all notices of violations of this Act and any
SEC. 510. (a) Upon the basis of a complete
law, rule, or regulation of the United States
close to 5 o'clock as possible, and if there
mining application and reclamation plan or a
or of any department or agency in the
is a contentious amendment before us
revision or renewal thereof, as required by
United States pertaining to air or water
for consideration at 5 o'clock, we will
this Act and pursuant to an approved State
environmental protection incurred by the
II 1832
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
applicant In connection with any surface
(3) a description of existing runds. rail-
tiens are died and a hearing requested, the
coal mining operation during the one-year
roads, utilities, and rights-of-way, if not
regulatory authority shall then hold public
period prior to the date of application. The
shown on the topographical map;
hearing in the locality of the proposed min-
schedule shall also indicate the final resulu-
(4) the location of all surface bodies of
ing within a reasonable time of the receipt
tion of any such notice of violation. Where
water, If not shown on the topographical
of such objections. The date. time, and loca-
the schedule or other information available
map;
tion of such public hearing shall be nd-
to the regulatory authority indicates that
(5) the planned approximate location. of
vertised by the regulatory authority in of
any surface coal mining operation owned or
any access roads, euts, drill holes, and neees-
newspaper of germent emerista them im the lorab-
controlled by the applicant is currently in
sary facilities that may be constructed in the
ity at least once a week for three consenutive
violation of this Act or such other laws
course of exploration, all of which shall be
weeks prior to the scheduled hearing date.
referred to in this subsection, the permit
plotted on the topographical map;
The regulatory authority may arrange with
shall not be issued until the applicant sub-
(6) the estimated time of exploration;
the applicant upon request by, any party
mits proof that such violation has been
(7) the ownership of the surface land to
to the administrative proceeding access to
corrected or is in the process of being cor-
be explored;
the proposed mirring area for the purpose of
rected to the satisfaction of the regulatory
(8) the written permission of all surface
gathering information relevant to the pro-
authority, department, or agency which has
landowners of any exploration activities, ex-
ceeding. At this public hearing, the applicant
jurisdiction over such violation.
cept where the applicant owns such explora-
for a permit shall have the burden of estab-
tion rights;
lishing that his application is in compliance
REVISION OF PERMITS
(9) provisions for reclamation of all land
with the applicable Statem and Federal laws.
Sec. 511. (a) (1) During the term of the
disturbed in exploration, including excava-
Not less than ten days prior. to any pro-
permit the permittee may submit an appli-
tions, roads, driH holes, and the removal of
posed hearing, the regulatory authority shall
cation, together with a revised reclamation
necessary facilities and equipment; and
respond to the written objections in writing.
plan, to the regulatory authority for a revi-
(10) such other information as the regula-
Such response shall include the regulatory
sion of the permit.
tory authority may require.
authority's preliminary proposals as to the
(2) An application for a revision of a
(c) Specifically identified information sub-
terms and conditions, and amount of bond of
permit shall not be approved unless the
mitted by the applicant in the application
a possible permit for the anom tm. question
regulatory authority finds that reclamation
and supporting technical data as confiden-
and answers to meterial factured questions
as required by this Act and the State or
tial concerning trade secrets or privileged
presented in the written objections The
Federal program can be accomplished under
commercial or financial information which
regulatory authority's responsibility under-
the revised Reclamation Plan. The revision
relates to the competitive rights of the appli-
this subsection shall in any event be to make
shall be approved or disapproved within a
cant shall not be available for public examt-
publicly available its estimate as to any other
period of time established by the State or
nation.
conditions of mining or reclamation which
Federal program. The regulatory authority
(d) If an applicant is denied a coal explora-
may be required or contained in the prelim-
shall establish guidelines for a determina-
tion permit under this Act, or if the regula-
inary proposal. In the ovent all parties re-
tion of the scale or extent of a revision re-
tory authority fails to act within a reasonable
questing the hearing stipulate agreement
quest for which all permit application in-
time, then the applicant may seek relief
prior to the requested hearings, and withdraw
formation requirements and procedures, in-
under the appropriate administrative proce-
their request, such hearings need not be
cluding notice and hearings, shall apply:
dures.
held.
Provided, That any revisions which propose a
(e) Any person who conducts any coal ex-
(c) For the purpose of such hearing, the
substantial change in the intended future
use of the land or significant alterations
ploration activities in connection with sur-
regulatory authority may administer oaths,
in the Reclamation Plan shall, at a mini-
face coal mining operations under this Act
subpena witnesses, or written or printed
without first having obtained a permit to
materials, compel attendance of the wit-
mum, be subject to notice and hearing re-
explore from the appropriate regulatory au-
nesses, or production of the materials, and
quirements.
(3) Any extensions to the area covered by
thority or shall fail to conduct such ex-
take evidence including best net limited to
the permit except incidental boundary re-
ploration activities in a manner consistent
site inspections of the land to be affected
visions must be made by application for
with his approved coal exploration permit,
and other surface cost mirding: operatorms
another permit.
shall be subject to the provisions of section
carried on by the applicant in the general
(b) No transfer, assignment, or sale of
518.
vicinity of the preposed: operation. A. ver-
the rights granted under any permit issued
PUBLIC NOTICE AND PUBLIC HEARINGS
batim transcript and complete record of
pursuant to this Act shall be made without
each public hearing. shall be ordered by the
SEC. 513. (a) At the time of submission of
the written approval of the regulatory au-
regulatory authority.
an application for a surface coal mining and
thority.
reclamation permit, or revision of an exist-
DECISIONS OF REGULATORY AUTHORITY AND
(c) The regulatory authority may require
ing permit, pursuant to the provisions of this
APPEALS
reasonable revision or modification of the
Act or an approved State program, the appli-
SEC. 514. (a) If a public hearing has been
permit provisions during the term of such
cant shall submit to the regulatory authority
held pursuant to section 513(b), the regula-
permit: Provided, That such revision or
a copy of his advertisement of the ownership,
tory authority shall issue and furnish the
modification shall be subject to notice and
precise location, and boundaries of the land
applieant for a permit and persons who are
hearing requirements established by the
to be affected. At the time of submission
parties to the administrative proceedings
State or Federal program.
such advertisement shall be placed in a local
with the written fludding of the regulatory
COAL EXPLORATION PERMITS
newspaper of general circulation in the 10-
authority, granting or denying the permit
SEC. 512. (a) Each State program or Fed-
cality of the proposed surface mine at least
in whole or in part and stating the reason
eral program shall include a requirement
once a week for four consecutive weeks. The
therefor, within thirty days of said hearings.
that coal exploration operations which sub-
regulatory authority shall notify various lo-
(b) If there has been no public hearing
stantially disturb the natural land surface be
cal governmental bodies, planning agencies,
held pursuant to section 513(b), the regula-
conducted under a permit issued by the regu-
and sewage and water treatment authorities,
tory authority shall notify the applicant for
latory authority.
or water companies in the locality in which
a permit within a reasonable time, taking
(b) Each application for a coal exploration
the proposed surface mining will take place,
into account the time needed for proper
permit pursuant to an approved State or
notifying them of the operator's intention to
investigation of the atte, the complexity of
Federal program under the provisions of this
surface mine a particularly described tract of
the permit application and whether or not
Act shall be accompanied by a fee established
land and indicating the application's permit
written objection to the application has been
by the regulatory authority. Such fee shall be
number and where a copy of the proposed
filed, whether the application has been ap-
based, as nearly as possible, upon the actual
mining and reclamation plan may be in-
proved or disapproved. If the application is
or anticipated cost of reviewing, administer-
spected. These local bodies, agencies, author-
approved, the permit shall be issued. If the
ing. and enforcing such permit issued pursu-
ities, or companies have obligation to sub-
application is disapproved, specific reasons
ant to a State or Federal program. The appli-
mit written comments within thirty days on
therefor must be set forth in the notification.
cation and supporting technical data shall
the mining applications with respect to the
Within thirty days after the applicant is no-
be submitted in a manner satisfactory to the
effect of the proposed operation on the en-
tifled that the permit or any portion thereof
regulatory authority and shall include a de-
vironment which are within their area of
has been denied, the applicant may request
scription of the purpose of the proposed ex-
responsibility. Such comments shall be made
a hearing on the reasons for the said dis-
ploration project. The supporting technical
available to the public at the same locations
approval. The regulatory authority shall hold
data shall include, among other things:
as are the mining applications.
a hearing within thirty days of such request
(1) a general description of the existing
(b) Any person with a valid legal interest
and provide notification to all interested
environment;
or the officer or head of any Federal, State or
parties at the time that the applicant is so
(2) the location of the area of exploration
local governmental agency or authority shall
notified. Within thirty days after the hearing
by either metes or bounds, lot, tract, range,
have the right to file written objections to
the regulatory authority shall issue and fur-
or section, whichever is most applicable, in-
the proposed initial or revised application for
nish the applicant, and all persons who par-
cluding a copy of the pertinent United States
a permit for surface coal mining and recla-
ticipated in the hearing, with the written
Geological Survey topographical map or maps
mation operation with the regulatory author-
decision of the regulatory authority granting
with the area to be explored defineated
ity within thirty days after the last publica-
or denying the permit in whole or in part
thereon;
tion of the above notice. If written objec-
and stating the reasons therefor.
March 17, 1975
CONGRESSIONAL RECORD
H 1833
(c) Any applicant or any person who has
the angle of repose, and to cover all acid-
(iii) casing, sealing, or otherwise manag-
participated in the administrative proceed-
forming and other toxic materials, in order
ing boreholes, shafts, and wells to keep acid
Inga as an objector. and who is aggrieved by
to achieve an ecologically sound land use
or other toxic drainage from entering ground
the decision of the regulatory authority, or
compatible with the surrounding region and
and surface waters;
if the regulatory authority fails to act within
that such overburden or spoil shall be shaped
(B) conducting surface coal mining opera-
a reasonable period of time, shall have the
and graded in such a way as to prevent
tions so as to prevent, to the extent possible
right of appeal for review by a court of
slides, erosion, and water pollution and is
using the best technology currently avail-
competent jurisdiction in accordance with
revegetated in accordance with the require-
able, additional contributions of suspended
ments of this Act;
solids to streamflow or runaff outside the
State or Federal law.
ENVIRONMENTAL PROTECTION PERFORMANCE
(4) stabilize and protect all surface areas
permit area above natural levels under sea-
including spoil piles affected by the surface
sonal flow conditions as measured prior to
STANDARDS
coal mining and reclamation operation to
any mining, and avoiding channel deepening
SEC. 515. (a) Any permit issued under any
effectively control erosion and attendant air
or enlargement in operations requiring the
approved State or Federal program pursuant
and water pollution;
discharge of water from mines;
to this Act to conduct surface coal mining
(5) remove the topsoil from the land in a
(C) removing temporary or large siltation
operations shall require that such surface
separate layer, replace it on the backfill area,
structures from drainways after disturbed
coal mining operations will meet all ap-
or if not utilized immediately, segregate it in
areas are revegetated and stabilized;
plicable performance standards of this Act,
a separate pile from other spoil and when the
(D) restoring racharge capacity of the
and such other requirements as the regula-
topsoil is not replaced on a backfill area
aquifer at the mine site to approximate pre-
tory authority shall promulgate.
within a time short enough to avoid deterio-
mining conditions;
(b) General performance standards shall
ration of the topsoil, maintain a successful
(E) preserving throughout the mining and
be applicable to all surface coal mining and
reclamation operations and shall require the
cover by quick growing plant or other means
reclamation process the hydrologic integrity
thereafter so that the topsoil is preserved
of alluvial valley floors in the arid and semi-
operator as a minimum to-
from wind and water erosion, remains free
arid areas of the country; and
(1) conduct surface coal mining operations
so as to maximize the utilization and con-
of any contamination by other acid or toxic
(F) such other actions as the regulatory
servation of the solid fuel resource being
material, and is in a usable condition for
authority may prescribe;
sustaining vegetation when restored during
(11) with respect to surface disposal of
recovered so that reaffecting the land in the
future through surface coal mining can be
reclamation, except if topsoil is of insuffi-
mine wastes, tailings, coal processing wastes,
and other wastes in areas other than the
minimized;
cient quantity or of poor quality for sustain-
(2) restore the land affected to a condi-
ing vegetation, or if other strata can be
mine working or excavations, stabilize all
tion at least fully capable of supporting the
shown to be more suitable for vegetation
waste piles in designated areas through con-
struction in compacted layers including the
uses which it was capable of supporting prior
requirements, then the operator shall remove,
use of incombustible and impervious mate-
to any mining, or higher or better uses of
segregate, and preserve in a like manner such
rials if necessary and assure the final con-
which there is a reasonable likelihood, so
other strata which is best able to support
tour of the waste pile will be compatible with.
long as such use or uses do not present any
vegetation;
natural surroundings and that the site can
actual or probable hazard to public health
(6) restore the topsoil or the best available
and will be stabilized and revegetated to the
or safety or pose any actual or probable
subsoil which has been segregated and pre-
provisions of this Act;
threat of water diminution or pollution, and
served;
(12) refrain from surface coal mining
the permit applicants' declared proposed land
(7) protect offsite areas from slides or dam-
within five hundred feet from active and
use following reclamation is not deemed to
age occurring during the surface coal mining
abandoned underground mines in order to
be impractical or unreasonable, inconsistent
and reclamation operations, and not deposit
prevent break-throughs and to protect health
with applicable land use polices and plans,
spoil material or locate any part of the oper-
or safety of miners: Provided, That the reg-
involves unreasonable delay in implementa-
ations or waste accumulations outside the
ulatory authority shall permit an operator to
tion, or is violative of Federal, State, or local
permit area;
mine closer to an abandoned underground
law;
(8) create, if authorized in the approved
mine: Provided, That this does not create
(3) with respect to all surface coal mining
mining and reclamation plan and permit,
hazards to the health and safety of miners;
operations backfill, compact (where advisable
permanent impoundments of water on min-
or shall permit an operator to mine near,
to insure stability or to prevent leaching of
ing sites as part of reclamation activities or
through or partially through an abandoned
toxic materials), and grade in order to re-
when it is adequately demonstrated that-
underground mine working where such min-
store the approximate original contour of the
(A) the size of the impoundment is ade-
ing through will achieve improved resource
land with all highways, spoil piles and depres-
quate for its intended purposes;
recovery, abatement of water pollution or
sions eliminated (unless small depressions
(B) the impoundment dam construction
elimination of public hazards and such min-
are needed in order to retain moisture to
will be so designed as to achieve necessary.
ing shall be consistent with the provisions.
assist revegetation or as otherwise authoried
stability with an adequate margin of safety
of the Act;
pursuant to this Act) Provided, however,
compatible with that of structures con-
(13) with respect to the surface disposal of
That in surface coal mining which is carried
structed under Public Law 83-566 (16 U.S.C.
mine wastes, tailings, coal processing wastes,
out at the same location over a substantial
1006);
or other liquid and softd wastes, the United
period of time where the operation transects
(C) the quality of impounded water will
States Army Corps of Engineers is to super-
the coal deposit, and the thickness of the coal
be suitable on & permanent basis for its in-
vise the design, location, construction, opera-
deposits relative to the volume of overburden
tended use and that discharges from the
tion, maintenance, and abandonment of all
is large and where the operator demonstrates
impoundment will not degrade the water
existing and new coal mine waste embank-
that the overburden and other spoil and
quality in the receiving stream;
ments, dams, and refuse piles used for the
waste materials at a particular point in the
(D) the level of water will be reasonably
disposal of all such mine wastes. in accord-
permit area or otherwise available from the
stable;
ance with the same standards used in the
entire permit area is insufficent, giving due
(E) final grading will provide adequate
design, location, construction, operation,
consideration to volumetric expansion, to
safety and access for proposed water users;
maintenance, and abandonment of flood con-
and
restore the approximate original contour, the
trol dams and other such structures in their
operator, at a minimum, shall backfill, grade,
(F) such water impoundments will not re-
public works program.
and compact (where advisable) using all
sult in the diminution of the quality or
available overburden and other spoil and
quantity of water utilized by adjacent or
(14) insure that all debris, acid forming
rhaterials, toxte materials, or materials con-
waste material to attain the lowest practi-
surrounding landowners for agricultural, in-
cable grade but not more than the angle of
dustrial, recreational, or domestic uses;
stituting a fire hezard are treated or disposed
repose, to provide adequate drainage and to
(9) fill all auger holes with an impervious
of in a manner designed to prevent contamt-
nation of ground or surface waters or sus-
cover all acid-forming and other toxic ma-
and noncombustible material in order to
prevent drainage;
tained combustion;
terials, in order to achieve an ecologically
(15) insure that explosives are used only
sound land use compatible with the sur-
(10) minimize the disturbances to the pre-
in accordance with existing State and Fed-
rounding region: And provided further, That
vailing hydrologic balance of the mine-site
eral law and the regulations promulgated by
in surface coal mining where the volume of
and in associated offsite areas and to the
the regulatory authority, which shall include
overburden is large relative to the thickness
quality and quantity of water in surface
provisions to-
of the coal deposit and where the operator
and ground water systems both during and
after surface coal mining operations and
(A) provide adequate advance written
demonstrates that due to volumetric expan-
sion the amount of overbuden and other
during reclamation by-
notice by publication and/or posting of the
planned blasting subsclule to local govern-
spoil and waste materials removed in the
(A) avoiding acid or other toxic mine
ments and to residents who might be affected
course of the mining operation is more than
drainage by such measures as, but not lim-
by the use of such explosives and maintain
sufficient to restore the approximate original
ited to-
for a period of at lewstr two years & log of the
contour, the operator shall after restoring
(1) preventing or removing water from con-
magnitudes and times of bimate; and
the approximate contour, backfill, grade, and
tact with toxic producing deposits;
(B): limit the type of explosives and de-
compact (where advisable) the excess over-
(ii) treating drainage to reduce toxic con-
tonating equipment, the size, the timing
burden and other spoil and waste materials
tent which adversely affects downstream
and frequency of bluests based upon the
to attain the lowest grade but not more than
water upon being released to water courses;
physical conditions of the site so as to pre-
H 1834
CONGRESSIONAL RECORD - HOUSE
March 17, 1975
vent (1) injury to persons, (ii) damage to
with no highwalls remaining, and capable
(d) The following performance standards
public and private property outside the
of supporting postmining uses in accord
shall be applicable to steep slope surface coal
permit area, (111) adverse impacts on any
with the requirements of this subsection.
mining and shall be in addition to those
underground mine, and (1v) change in the
(3) In cases where an industrial, commer-
general performance standards required by
course, channel, or availability of ground
cial (including commercial agricultural),
this section: Provided, however, That the
or surface water outside the permit area;
residential or public facility (including rec-
provisions of this subsection (d) shall not
(16) insure that all reclamation efforts
reational facilities) development is proposed
apply to those situations in which an opera-
proceed in an environmentally sound man-
for the postmining use of the affected land,
tor is mining on flat or gently rolling
ner and as contemporaneously as practicable
the regulatory authority may grant a vari-
terrain, on which an occasional steep slope
with the surface coal mining operations;
ance for a surface mining operation of the
is encountered through which the mining
(17) insure that the construction main-
nature described in subsection (c) (2)
operation is to proceed, leaving a plain or
tenance, and postmining conditions of ac-
prediminantly flat area:
cess roads into and across the site of opera-
(A) after consultation with the appropri-
(1) Insure that when performing surface
tions will control or prevent erosion and sil-
ate land use planning agencies, if any, the
coal mining on steep slopes, no debris, aban-
tation, pollution of water, damage to fish
proposed development is deemed to consti-
doned or disabled equipment, soil, spoil ma-
or wildlife or their habitat, or public or
tute an equal or better economic or public
terial, or waste mineral matter be placed on
private property: Provided, That the regula-
use of the affected land, as compared with
the downslope below the bench or mining
tory authority may permit the retention af-
the premining use;
cut, except that where necessary soil or spoil
ter mining of certain access roads where con-
(B) the equal or better economic or pub-
material from the initial block or short linear
sistent with State and local land use plans
lic use can be obtained only if one or more
cut of earth necessary to obtain initial ac-
and programs and where necessary may per-
exceptions to the requirements of section
cess to the coal seam in a new surface coal
mit a limited exception to the restoration
515(b) (3) are granted;
mining operation can be placed temporarily
of approximate original contour for that pur-
(C) the applicant presents specific plans
on a limited and specified area of the down-
pose;
for the proposed postmining land use and
slope below the initial cut if the permittee
(18) refrain from the construction of
appropriate assurances that such use will
demonstrates that such soil or spoil material
roads or other access ways up a stream bed
be-
will not slide and that the other require-
or drainage channel or in such proximity to
(i) compatible with adjacent land uses;
ments of this subsection can still be met:
such channel so as to seriously alter the
(11) obtainable according to data regard-
Prvided. That spoil material in excess of
normal flow of water;
ing expected need and market;
that required for the reconstruction of the
(19) establish on the regraded areas, and
(iii) assured of investment in necessary
approximate original contour under the pro-
all other lands affected, a diverse, effective
public facilities;
visions of paragraphs 515(b) (3) or 515(d) (2)
and permanent vegetative cover native to
(iv) supported by commitments from pub-
or excess spoil from a surface coal mining
the area of land to be affected and capable
lic agencies where appropriate;
operation granted a variance under sub-
of self-regeneration and plant succession at
(v) practicable with respect to private
section 515(c) may be permanently stored
least equal in extent of cover to the natural
financial capability for completion of the
at such offsite spoil storage areas as the regu-
vegetation of the area; except, that intro-
proposed development;
latory authority shall designate and for the
duced species may be used in the revegeta-
(vi) planned pursuant to a schedule at-
purposes of his Act such areas shall be
tion process where desirable and necessary
tached to the reclamation plan so as to
deemed in all respects to be part of the lands
to achieve the approved postmining land use
integrate the mining operation and reclama-
affected by surface coal mining operations.
plan;
tion with the postmining land use; and
Such offsite spoil storage areas shall be de-
(20) assume the responsibility for success-
(vii) designed by a registered engineer in
signed by a registered engineer in conform-
ful revegetation, as required by paragraph
conformance with professional standards
ance with professional standards established
(19) above, for a period of five full years
established to assure the stability, drainage,
to assure the stability, drainage, and con-
after the last year of augmented seeding,
and configuration necessary for the intended
figuration necessary for the intended use of
fertilizing, irrigation, or other work in order
use of the site;
the site.
to assure compliance with paragraph (19)
(D) the proposed use would be consistent
(2) Complete backfilling with spoil ma-
above, except in those areas or regions of the
with adjacent land uses, and existing State
terial shall be required to cover completely
country where the annual average precipi-
and local land use plans and programs;
the highwall and return the site to the ap-
tation is twenty-six inches or less, then the
(E) the regulatory authority provides the
proximate original contour, which material
operator's assumption of responsibility and
governing body of the unit of general-purpose
will maintain stability following mining and
liability will extend for a period of ten full
government in which the land is located and
reclamation.
years after the last year of augmented seed-
any State or Federal agency which the
(3) The operator may not disturb land
ing, fertilizing, irrigation, or other work:
regulatory agency, in its discretion, deter-
above the top of the highway unless the
Provided, That when the regulatory author-
mines to have an interest in the proposed use,
regulatory authority finds that such disturb-
ity approves a long-term intensive agricul-
an opportunity of not more than sixty days
ance will facilitate compliance with the en-
tural postmining land use, the applicable
to review and coment on the proposed use;
vironmental protection standards of this sec-
five- or ten-year period of responsibility for
(F) a public hearing is held in the locality
tion; Provided, however, That the land dis-
revegetation shall commence at the date of
of the proposed surface coal mining opera-
turbed above the highwall shall be limited
initial planting for such long-term intensive
tion prior to the grant of any permit includ-
to that amount necessary to facilitate said
agricultural postmining land use: Provided
ing a variance; and
compliance.
further, That when the regulatory authority
(G) all other requirements of this Act
issues a written finding approving a long-
will be met.
(4) For the purposes of this section, the
term, intensive, agricultural postmining
(4) In granting any variance pursuant to
term "steepslope" is any slope above twenty
land use as part of the mining and reclama-
this subsection the regulatory authority shall
degrees or such lesser slope as may be defined
tion plan, the authority may grant exception
require that-
by the regulatory authority after considera-
to the provisions of paragraph (19) above;
tion of soil, climate, and other characteristics
(A) the toe of the lowest coal seam mined
and
of a region or State.
and the overburden associated with it are
(21) meet such other criteria as are neces-
retained in place as a barrier to slides and
SURFACE EFFECTS OF UNDERGROUND COAL MINING
sary to achieve reclamation in accordance
erosion;
OPERATIONS
with the purposes of this Act, taking into
(B) the reclaimed area is stable;
SEC. 516. (a) The Secretary shall promul-
consideration the physical, climatological,
gate rules and regulations directed toward
and other characteristics of the site, and to
(C) the resulting plateau or rolling con-
the surface effects of underground coal min-
insure the maximum practicable recovery
tour drains inward from the outslopes ex-
ing operations, embodying the following re-
of the mineral resources.
cept at specified points;
quirements and in accordance with the pro-
(c) (1) Each State program may and each
(D) no damage will be done to natural
cedures established under section 501 of this
Federal program shall include procedures
water courses;
Act.
pursuant to which the regulatory authority
(E) all other requirements of this Act
(b) Each permit issued under any ap-
may permit variances for the purposes set
will be met.
proved State or Federal program pursuant to
forth in paragraph (3) of this subsection.
(5) The regulatory authority shall pro-
this Act and relating to underground coal
(2) Where an applicant meets the require-
mulgate specific regulations to govern the
mining shall require the operator to-
ments of paragraphs (3) and (4) of this
granting of variances in accord with the
(1) adopt measures consistent with known
subsection a variance from the requirement
provisions of this subsection, and may im-
technology in order to prevent subsidence
to restore to approximate original contour
pose such additional requirements as he
to the extent technologically and economi-
set forth in subsection 515(b) (3) or 515(d)
deems to be necessary.
cally feasible, maximize mine stability, and
of this section may be granted for the sur-
(6) All exceptions granted under the pro-
maintain the value and use of such surface
face mining of coal where the mining oper-
visions of this subsection shall be reviewed
lands, except in those instances where the
ation will remove an entire coal seam or
not more than three years from the date of
mining technology used requires planned
seams running through the upper fraction
issuance of the permit, unless the applicant
subsidence in a predictable and controlled
of a mountain, ridge, or hill (except as pro-
affirmatively demonstrates that the proposed
manner: Provided, That nothing in this sub-
vided in subsection (c) (4) (A) hereof) by
development is proceeding in accordance
section shall be construed to prohibit the
removing all of the overburden and creating
with the terms of the approved schedule and
standard method of room and pillar contin-
a level plateau or a gently rolling contour
reclamation plan.
uous mining;
March 17, 1975
CONGRESSIONAL RECORD - HOUSE
1835
(2) seal all portals, entryways, drifts,
in accordance with the standards established
(3) the authorized representatives of the
shafts, or other openings between the sur-
under section 515 of this title for such ef-
regulatory authority; without advance notice
faco and underground mine workings when
fects which result from surface coal min-
and upon presentation of appropriate creden-
no longer needed for the conduct of the min-
ing operations: Provided, That the Secre-
tials (A) shall have the right of entry to,
ing operations;
tary may make such modifications in the
upon, or through any surface coal mining
(3) fill or seal exploratory holes no longer
requirements imposed by this subparagraph
and reclamation operations or any premises
necessary for mining. maximizing to the ex-
as are deemed necessary by the Secretary due
in which any records required to be main-
tent practicable return of mine and proces-
to the differences between surface and un-
tained under paragraph (1) of this subsection
sing waste, tailings. and any other waste in-
derground coal mining.
are located: and (B) may at reasonable times,
cident to the mining operation, to the mine
(c) In order to protect the stability of the
and without delay, have access to and copy
workings or excavations;
land, the regulatory authority shall suspend
any records, inspect any menitoring equip-
(4) with respect to surface disposal of
underground coal mining under urbanized
ment or method of operation required under
mine wastes, tailings, coal processing wastes,
areas, cities, towns, and communities and
this Act.
and other wastes in areas other than the
adjacent to industrial or commercial build-
(c) The inspections by the regulatory au-
mine working or excavations, stabilize all
ings, major impoundments, or permanent
thority shall (1): occur on an irregular basis
waste piles created by the permittee from
streams if he finds imminent danger to in-
averaging not less than one inspection per
curreit operations through construction in
habitants of the urbanized areas, citles,
month for the surface coat mining and rec-
compacted layers including the use of in-
towns, and communities.
lamation operations for ceal covered by:
combustible and impervious materials if
(d) The provisions of title V of this Act
each permit; (2) occur without prior notice
necessary and assure that the leachate will
relating to State and Federal programs, per-
to the permittee OF his agents or employ-
not pollute surface or ground waters and
mits, bonds, inspections and enforcement,
ees; and (3) include the filing of inspection
that the final contour of the waste accumu-
public review, and administrative and judi-
reports adequate to enforce the require-
lation will be compatible with natural sur-
cial review shall be applicable to surface
ments of and to carry out the terms and pur-
roundings and that the site is stabilized
coal mining and reclamation operations in-
poses of this Act and the regulatory au-
and revegetated according to the provisions
cident to underground coal mining with such
thority shall make copies of such inspec-
of this section;
modifications to the permits application re-
tion reports immediately and freely available
(5) with respect to the surface disposal
quirements, permit approval or denial proce-
to the public at a central location in the
of mine wastes, tailings, coal processing
dures, and bond requirements as are deemed
pertinent geographic area of mining: The
wastes, or other liquid and solid wastes, the
necessary by the Secretary due to the differ-
Secretary or regulatory authority shall es-
United States Army Corps of Engineers is to
ences between surface and underground coal
tablish a system of continual rotation of
supervise the design, location, construction,
mining. The Secretary shall promulgate such
inspectors so that the same inspector does
operation, maintenance, and abandonment
modifications in accordance with the rule-
not consistently visit the same operations.
of all existing and new coal mine waste em-
making procedure established in section 501
(d) Each permittee shall conspicueusly
bankments, dams, and refuse piles used for
of this Act.
maintain at the entrances to the surface
the disposal of all such mine wastes, in ac-
INSPECTIONS AND MONITORING
coal mining and reclamation operations a
cordance with the same standards used in
SEC. 517. (a) The Secretary shall cause to
clearly visible sign which sets forth the
the design, location, construction, operation,
be made such inspections of any surface coal
name, business address, and phone number
maintenance, and abandonment of flood con-
mining and reclamation operations as are
of the permittee am the permit number of
trol dams and other such structures in their
necessary to evaluate the administration of
the surface coal mining and reclamation op
public works program.
erations.
approved State programs, or to develop or
(6) establish on regraded areas and all
enforce any Federal program, and for such
(e) Each inspector, upon detection of each
other lands affected, a diverse and perman-
purposes authorized representatives of the
violation of any requirement of any State
ent vegetative cover capable of self-regen-
Secretary shall have a right of entry to, upon,
or Federal program or of this Act, shall
eration and plant succession and at least
or through any surface coal mining and
forthwith inform the operator in writing,
equal in extent of cover to the natural vege-
reclamation operations.
and shall report in writing any such viola-
tation of the area;
tion to the regulatory authority.
(7) protect offsite areas from damages
(b) For the purpose of developing or as-
sisting in the development, administration,
(f) Copies of any records, reports, inspec-
which may result from such mining opera-
and enforcement of any approved State or
tion materials, or information obtained unr-
tions;
Federal program under this Act or in the
der this title by the regulatory authority
(8) eliminate fire hazards and otherwise
administration and enforcement of any per-
shall be made immediately available to the
eliminate conditions which constitute a haz-
ard to health and safety of the public;
mit under this Act, or of determining whether
public at central and sufficient locations in
(9) minimize the disturbances to the pre-
any person is in violation of any requirement
the county, multieounty, and State area of
vailing hydrologic balance at the mine-site
of any such State or Federal program or any
mining so that they are conveniently avail-
other requirement of this Act—
able to residents in the areas of mining.
and in associated offsite areas and to the
(1) the regulatory authority shall require
PENALTIES
quality and quantity of water in surface
ground water systems both during and after
any permittee to (A) establish and maintain
Sec. 518. (a), In the enforcement of a Fed-
coal mining operations and during reclama-
appropriate records, (B) make monthly re-
eral program or Federal lands program, or
tion by-
ports to the regulatory authority, (C) install,
during Federal enforcement pursuant to sec-
use, and maintain any necessary monitoring
tion 502 or during Federal enforcement of
(A) avoiding acid or other toxic mine
equipment or methods, (D) evaluate results
a State program pursuant to section 521 of
drainage by such measures as, but not lim-
in- accordance with such methods, at such
this Act, any permittee who vielates. any
ited to-
locations, intervals, and in such manner as
permit condition or who violates any, other
(1) preventing or removing water from
a regulatory authority shall prescribe, and
provision of this title, may be assessed a.
contact with toxic producing deposits;
(E) provide such other information relative
civil penalty by the Secretary, except that
(ii) treating drainage to reduce toxic con-
to surface coal mining and reclamation op-
if such violation leads to the issuance of
tent which adversely affects downstream
erations as the regulatory authority deems
a. cessation order under section 520 or sec-
water upon being released to water courses;
reasonable and necessary;
tion 521, the civil penalty shall be assessed.
(111) casing, sealing, or otherwise man-
(2) for those surface coal mining and rec-
Such penalty shall not exceed $5,000. for
aging boreholes, shafts, and wells to keep
lamation operations which remove or disturb
each violation. Each day of a continuing
acid or other toxic drainage from entering
strata that serve as aquifers which signifi-
violation may be deemed a separate viola-
ground and surface waters; and
cantly insure the hydrologic balance of war
tion for purposes. of penalty assessments. In
(B) conducting surface coal mining oper-
ter use either on or off the mining site, the
determining the amount of the penalty, con-
ations so as to prevent, to the extent pos-
regulatory authority shall specify these—
sideration shall. be given to the permittee's
sible using the best technology currently
(A) monitoring sites to record the quantity
history of previous violations at the par-
available, additional contributions of sus-
and quality of surface drainage above and
ticular surface coal mining operation; the
pended solids to streamflow or runoff out-
below the minesite as well as in the potential
appropriateness of such penalty to the size
side the permit area above natural levels
zone of influence;
of the business of the permittee charged;
under seasonal flow conditions as measured
(B) monitoring sites to record level,
the seriousness of the violation, including
prior to any mining, and avoiding channel
amount, and samples of ground water and
any irreparable harm to the environment and
deepening or enlargement in operations re-
aquifers potentially affected by the mining
any hazard to the health or safety of the
quiring the discharge of water from mines.
and also directly below the lower most (deep-
public; whether the permittee was negligent;
(10) with respect to other surface impacts
est) coal seam to be mined;
and the demonstrated good faith of the per-
not specified in this subsection including the
(C) records of well logs and borehole data
mittee charged. in attempting to achieve
construction of new roads or the improve-
to be maintained; and
rapid compliance after notification of the
ment or use of existing roads to gain access
(D) monitoring sites to record precipita-
violation.
to the size of such activities and for haulage,
tion. The monitoring, data. collection, and
(b) A civil-penalty shall be assessed by
repair areas, storage areas, processing areas,
analysis required by this section shall be
the Secretary only after the person charged
shipping areas and other areas upon which
conducted according to standards and proce-
with a violation described under subsection
are sited structures, facilities, or other prop-
dures set forth by the regulatory authority
(a) of this section has been given an op-
erty or materials on the surface, resulting
in order to assure their reliability and
portunity for a public hearing. Where such
from or incident to such activities, operate
validity; and
a public hearing has been held, the Sec-
H 1836
CONGRESSIONAL RECORD-HOUSE
March 17, 1975
retary shall make findings of fact, and he
than $10,000, or by imprisonment for not
piration of the period specified for operator
shall issue a written decision as to the OC-
more than one year or both.
responsibility in section 515:
currence of the violation and the amount of
(1) As a condition of approval of any State
Provided. however, That no bond shall be
the penalty which is warranted, incorporat-
program submitted pursuant to section 503
ing, when appropriate, an order therein re-
fully released until all reclamation require-
of this Act, the civil and criminal penalty
ments of this Act are fully met.
quiring that the penalty be paid. When ap-
provisions thereof shall, at a minimum, in-
propriate, the Secretary shall consolidate
(d) If the regulatory authority disap-
corporate penalties no less stringent than
such hearings with other proceedings under
those set forth in this section, and shall con-
proves the application for release of the
section 521 of this Act. Any hearing under
tain the same or similar procedural require-
bond or portion thereof, the authority shall
this section shall be of record and shall be
ments relating thereto.
notify the permittee, in writing, stating the
subject to section 554 of title 5 of the United
reasons for disapproval and recommending
RELEASE OF PERFORMANCE BONDS OR
States Code. Where the person charged with
corrective actions necessary to secure said
DEPOSITS
release.
such a violation fails to avail himself of the
opportunity for a public hearing, a civil
SEC. 519. (a) The permittee may file a re-
(e) With any application for total or par-
penalty shall be assessed by the Secretary
quest with the regulatory authority for the
tial bond release filed with the regulatory
after the Secretary has determined that a
release of all or part of a performance bond
authority, the regulatory authority shall no-
violation did occur, and the amount of the
or deposit. Within thirty days after any ap-
tify the municipality in which a surface coal
penalty which is warranted, and has issued
plication for bond or deposit release has been
mining operation is located by certified mail
an order requiring that the penalty be paid.
filed with the regulatory authority, the op-
at least thirty days prior to the release of
erator shall submit a copy of an advertise-
all or a portion of the bond.
(c) If no complaint, as provided in this
section, is filed within thirty days from the
ment placed on five successive days in a
(f) Any person with a valid legal interest
date of the final order or decision issued
newspaper of general circulation in the 10-
or the officer or head of any Federal, State,
by the Secretary under subsection (b) of
cality of the surface coal mining operation.
or local governmental agency shall have the
this section, such order and decision shall be
Such advertisement shall be considered part
right to file written objections to the pro-
conclusive.
of any bond release application and shall
posed release from bond to the regulatory
(d) Interest at the rate of 6 per centum
contain a notification of the precise location
authority within thirty days after the last
of the land affected, the number of acres, the
publication of the above notice. If written
per annum or at the prevailing Department
of the Treasury borrowing rate, whichever,
permit number and the date approved, the
objections are filed, and a hearing requested,
is greater. shall be charged against a person
amount of the bond filed and the portion
the regulatory authority shall inform all the
on any unpaid civil penalty assessed against
sought to be released, and the type and the
interested parties, of the time and place of
him pursuant to the final order of the Secre-
approximate dates of reclamation work per-
the hearing, and hold a public hearing in
tary, said interest to be computed from the
formed, and the description of the results
the locality of the surface coal mining op-
thirty-first day after issuance of such final
achieved as they relate to the operator's ap-
eration proposed for bond release within
assessment order.
proved reclamation plan. In addition, as part
thirty days of the request for such hearing.
(e) Civil penalties owned under this Act,
of any bond release application, the appli-
The date, time, and location of such public
either pursuant to subsection (c) of this
cant shall submit copies of letters which he
hearings shall be advertised by the regula-
section or pursuant to an enforcement order
has sent to adjoining property owners, local
tory authority in a newspaper of general cir-
governmental bodies, planning agencies, and
culation in the locality twice a week for two
entered under section 526 of this Act, may
be recovered in a civil action brought by the
sewage and water treatment authorities, or
consecutive weeks.
Attorney General at the request of the Sec-
water companies in the locality in which the
(g) For the purpose of such hearing the
retary in any appropirate district court of
surface coal mining and reclamation activi-
regulatory authority shall have the author-
ties took place, notifying them of his inten-
ity and is hereby empowered to administer
the United States.
tion to seek release from the bond.
oaths, supena witnesses, or written or
(f) Any person who willfully and know-
(b) Upon receipt of the notification and
printed materials, compel the attendance of
ingly violates a condition of a permit issued
pursuant to a Federal program, a Federal
request, the regulatory authority shall with-
witnesses, or production of the materials,
lands program or Federal enforcement pur-
in a reasonable time conduct an inspection
and take evidence including but not limited
and evaluation of the reclamation work in-
to inspections of the land affected and other
suant to section 502 or during Federal en-
forcement of a State program pursuant to
volved. Such evaluation shall consider,
surface coal mining operations carried on by
among other things, the degree of difficulty
the applicant in the general vicinity. A ver-
section 521 of this Act or fails or refuses to
to complete any remaining reclamation,
batim transcript and a complete record of
comply with any order issued under section
520, section 525 or section 526 of this Act,
whether pollution of surface and subsurface
each public hearing shall be ordered by the
or any order incorporated in a final decision
water is occurring, the probability of contin-
regulatory authority.
issued by the Secretary under this Act, ex-
uance of future occurrence of such pollu-
CITIZEN SUITS
cept an order incorporated in a decision is-
tion, and the estimated cost of abating such
pollution.
SEC. 520. (a) Except as provided in sub-
sued under subsection (b) of this section
(c) The regulatory authority may release
section (b) of this section, any person hav-
or section 703 of this Act, shall, upon con-
in whole or in part said bond or deposit if
ing an interest which is or may be adversely
viction, be punished by a fine of not more
the authority is satisfied that reclamation
affected may commence a civil action on
than $10,000, or by imprisonment for not
his own behalf-
more than one year or both.
covered by the bond or deposit or portion
thereof has been accomplished as required
(1) against any person including-
(g) Whenever a corporate permittee vio-
(A) the United States, and
lates a condition of a permit issued pursu-
by this Act according to the following
schedule:
(B) any other governmental instrumen-
ant to a Federal program, a Federal lands
tality or agency to the extent permitted by
program or Federal enforcement pursuant to
(1) When the operator completes the back-
the eleventh amendment to the Constitution
section 502 or Federal enforcement of &
filling, regrading, and drainage control of a
who is alleged to be in violation of the
State program pursuant to section 521 of
bonded area in accordance with his approved
provisions of this Act or the regulation pro-
this Act or fails or refuses to comply with
reclamation plan, the release of 60 per cen-
mulgated thereunder, or order issued by the
any order issued under section 520, section
tum of the bond or collateral for the ap-
regulatory authority; or
525 or section 526 of this Act, or any order
plicable permit area;
(2) against the Secretary or the appro-
incorporated in a final decision issued by the
(2) After revegetation has been established
priate State regulatory authority to the ex-
Secretary under this Act except an order in-
on the regraded mined lands in accordance
tent permitted by the eleventh amendment
corporated in a decision issued under subsec-
with the approved reclamation plan. When
to the Constitution where there is alleged a
tion (b) of this section or section 703 of
determining the amount of bond to be re-
failure of the Secretary or the appropriate
this Act, any director, officer, or agent of
leased after successful revegetation has been
State regulatory authority to perform any
such corporation who willfully and know-
established, the regulatory authority shall
act or duty under this Act which is not dis-
ingly authorized, ordered, or carried out such
retain that amount of bond for the revege-
cretionary with the Secretary or with the
violation, failure, or refusal shall be subject
tated area which would be sufficient for a
appropriate State regulatory authority.
to the same civil penalties, fines, and impris-
third party to cover the cost of reestablish-
(b) No action may be commenced-
onment that may be imposed upon a person
ing revegetation and for the period specified
(1) under subsection (a) (1) of this
under subsections (a) and (f) of this sec-
for operator responsibility in section 515 of
section-
tion.
reestablishing revegetation. No part of the
(A) prior to sixty days after the plaintiff
(h) Whoever knowingly makes any false
bond or deposit shall be released under this
has given notice in writing under oath of the
statement, representation, or certification, or
paragraph (2) so long as the lands to which
violation (1) to the Secretary, (11) to the
knowingly fails to make any statement, rep-
the release would be applicable are contrib-
State in which the violation occurs, and (iii)
resentation, or certification in any applica-
uting suspended solids to streamflow or run-
to any alleged violator of the provisions,
tion, record, report, plan, or other document
off outside the permit area above natural
regulations, or order; or
filed or required to be maintained pursu-
levels and seasonal flow conditions as meas-
(B) if the Secretary or the State has com-
ant to a Federal program or a Federal lands
ured prior to any mining:
menced and is diligently prosecuting a civil
program or any order or decision issued by
(3) When the operator has completed suc-
action in a court of the United States or a
the Secretary under this Act, shall, upon
cessfully all surface coal mining and rec-
State to require compliance with the pro-
conviction be punished by a fine of not more
lamation activities, but not before the ex-
visions of this Act or the regulations there-
March 17, 1975
CONGRESSIONAL RECORD
H 1837
under, or the order, but in any such action
imminent, irreparable environmental harm
writing and shall be signed by such author-
in a court of the United States any person
to land, air, or water resources, the Secretary
ized representatives. Any notice or order is-
may intervene as a matter of right; or
or his authorized representative shall im-
sued pursuant to this section may be modi-
(2) under subsection (a) (2) of this sec-
mediately order a cessation of surface coal
fled, vacated, or terminated by the Secretary
tion prior to sixty days after the plaintiff has
mining and reclamation operations or the
or his authorized representative. A copy of
given notice in writing under oath of such
portion thereof relevant to the condition,
any such order or notice shall be sent to the
action to the Secretary. in such manner as
practice, or violation. Such cessation order
State regulatory authority In the State in
the Secretary shall by regulation prescribe,
shall remain in effect until the Secretary or
which the violation occurs.
or to the appropriate State regulatory au-
his authorized representative determines
(b) Whenever the Secretary finds that
thority, except that such action may be
that the condition, practice, or violation has
violations of any approved State program
brought immediately after such notification
been abated, or until modified, vacated, or
appear to result from a failure of the State
in the case where the violation or order or
terminated by the Secretary or his author-
to enforce such State program effectively, he
lack of order complained of constitutes an
ized representative pursuant to subpara-
shall so notify the State. If the Secretary
imminent threat to the health or safety of
graph (a) (5) of this section.
finds that such failures extends beyond
the plaintiff or would immediately affect a
(3) When, on the basis of a Federal in-
thirty days after such notice, he shall give
legal interest of the plaintiff.
spection which is carried out during the en-
public notice of such finding. During the
(c) (1) Any action respecting a violation
forcement of a Federal program or a Federal
period beginning with such public notice and
of this Act or the regulations thereunder
lands program, Federal inspection pursuant
ending when such State satisfies the Secre-
may be brought only in the judicial district
to section 502, or section or during
tary that it will enforce this Act, the Secre-
in which the surface coal mining operation
Federal enforcement of a State program in
tary shall enforce any permit condition re-
complained of is located.
accordance with subsection (b) of this sec-
quired under this Act, shall issue new or
(2) In such action under this section, the
tion, the Secretary or his authorized repre-
revised permits in accordance with require-
Secretary. or the State regulatory authority,
sentative determines that any permittee is
ments of this Act, and may issue such notices
if not a party, may intervene as a matter of
in violation of any requirement of this Act
and orders as are necessary for compliance
right.
or any permit condition required by this Act,
therewith.
(d) The court, in issuing any final order
but such violation does not create an immi-
(c) The Secretary may request the At-
in any action brought pursuant to subsec-
nent danger to the health or safety of the
torney General to institute a civil action for
tion (a) of this section, may award costs of
public, or cause or can be reasonably ex-
relief, including a permanent or temporary
litigation to any party, whenever the court
pected to cause significant, imminent irrep-
injunction, restraining order, or any other
determines such award is appropriate. The
arable environmental harm to land, air, or
appropriate order in the district court of
court may, if a temporary restraining order
water resources, the Secretary or authorized
the United States for the district in which
or preliminary injunction is sought, require
representative shall issue a notice to the per-
the surface coal mining and reclamation op-
the filing of a bond or equivalent security in
mittee or his agent fixing a reasonable time
eration is located or in which the permittee
accordance with the Federal Rules of Civil
but not more than ninety days for the abate-
thereof has his principal office, whenever such
Procedure.
ment of the violation. If, upon expiration of
permittee or his agent (A) violates or fails or
(e) Nothing in this section shall restrict
the period of time as originally fixed or sub-
refuses to comply with any order or decision
any right which any person (or class of per-
sequently extended, for good cause shown
issued by the Secretary under this Act, or
sons) may have under this or any statute or
and upon the written finding of the Secre-
(B) interferes with, hinders, or delays the
common law to seek enforcement of any of
tary or his authorized representative, the
Secretary or his authorized representatives in
the provisions of this Act and the regula-
Secretary or his authorized representative
carrying out the provisions of this Act, or
tions thereunder, or to seek any other relief
finds that the violation has not been abated,
(C) refuses to admit such authorized rep-
(including relief against the Secretary or the
he shall immediately order a cessation of sur-
resentative to the mine, or (D) refuses to
appropriate State regulatory authority).
face coal mining and reclamation operations
permit inspection of the mine by such au-
(f) Any resident of the United States who
or the portion thereof relevant to the viola-
thorized representative, or (E) refuses to fur-
tion. Such cessation order shall remain in
is injured in any manner through the failure
nish any information or report requested by
effect until the Secretary or his authorized
of any operator to comply with the provi-
the Secretary in furtherance of the provi-
representative determines that the violation
sions of this Act, or of any regulation, order,
sions of this Act, or (F) refuses to permit
has been abated, or until modified, vacated,
permit, or plan of reclamation issued by the
access to, and copying of such records as
or terminated by the Secretary or his au-
Secretary, may bring an action for damage
the Secretary determines necessary in carry-
thorized representative pursuant to subpara-
(including attorney fees) in an appropriate
ing out the provisions of this Act. Such
graph (a) (5) of this section.
United States district court.
court shall have jurisdiction to provide such
(4) When, on the basis of a Federal in-
ENFORCEMENT
relief as may be appropriate. Temporary re-
spection which is carried out during the en-
straining orders shall be issued in accord-
SEC. 521. (a) (1) Whenever, on the basis of
forcement of a Federal program or a Federal
ance with rule 65 of the Federal Rules of Civil
any information available to him, including
lands program, Federal inspection pursuant
Procedure, as amended. Any relief granted
receipt of information from any person, the
to section 502 or section 504(b) or during
by the court to enforce an order under clause
Secretary has reason to believe that any per-
Federal enforcement of a State program in
(A) of this section shall continue in effect
son is in violation of any requirement of this
accordance with subsection (b) of this sec-
until the completion or final termination of
Act or any permit condition required by this
tion, the Secretary or his authorized rep-
all proceedings for review of such order under
Act, the Secretary shall notify the State reg-
resentative determines that a pattern of
this title, unless, prior thereto, the district
ulatory authority, if one exists, in the State
violations of any requirements of this Act or
court granting such relief sets it aside or
in which such violation exists. If no such
any permit conditions required by this Act
modifies it.
State authority exists or the State regulatory
exists or has existed, and if the Secretary or
authority fails within ten days after noti-
his authorized representative also find that
(d) As a condition of approval of any State.
fication to take appropriate action to cause
such violations are caused by the unwar-
program submitted pursuant to section 503
said violation to be corrected or to show good
ranted failure of the permittee to comply
of this Act, the enforcement provisions there-
cause for such failure and transmit notifi-
with any requirements of this Act or any
of shall, at a minimum, incorporate sanc-
cation of its action to the Secretary, the Sec-
permit conditions, or that such violations
tions no less stringent than those set forth
retary shall immediately order Federal in-
are willfully caused by the permittee, the
in this section, and shall contain the same
spection of the surface coal mining opera-
Secretary or his authorized representative
or similar procedural requirements relating
tion at which the alleged violation is OC-
shall forthwith issue an order to the permit-
thereto.
curring unless the information available to
tee to show cause as to why the permit should
DESIGNATING AREAS UNSUITABLE FOR SURFACE
the Secretary is a result of a previous Federal
not be suspended or revoked. Upon the per-
COAL MINING
inspection of such surface coal mining oper-
mittee's failure to show cause as to why the
SEC. 522. (a) (1) To be eligible to assume
ation. When the Federal inspection results
permit should not be suspended or revoked,
primary regulatory authority pursuant to
from information provided to the Secretary
the Secretary or his authorized representative
section 503, each State shall establish a plan-
by any person, the Secretary shall notify such
shall forthwith suspend or revoke the per-
ning process enabling objective decisions
person when the Federal inspection is pro-
permit.
based upon competent and scientifically
posed to be carried out and such person shall
(5) Notices and orders issued pursuant to
sound data and information as to which, if
be allowed to accompany the inspector dur-
this section shall set forth with reasonable
any, land areas of a State are unsuitable for
ing the inspection.
specificity the nature of the violation and
all or certain types of surface coal mining
(2) When, on the basis of any Federal in-
the remedial action required, the period of
operations pursuant to the standards set
spection, the Secretary or his authorized rep-
time established for abatement, and a rea-
forth in paragraphs (2) and (3) of this sub-
resentative determines that any condition
sonable description of the portion of the sur-
section but such designation shall not pre-
or practices exist, or thta any permittee is in
face coal mining and reclamation operation
vent the mineral exploration pursuant to the
violation of any requirement of this Act or
to which the notice or order applies. Each
Act of any area so designated.
any permit condition required by this Act,
notice or order issued under this section shall
(2) Upon petition pursuant to subsection
which condition, practice, or violation also
be given promptly to the permittee or his
(c) of this section, the State regulatory au-
creates an imminent danger to the health or
agent by the Secretary or his authorized rep-
thority shall designate an area as unsuitable
safety of the public, or is causing, or can
resentative who issues such notice or order,
for all or certain types of surface coal min-
reasonably be expected to cause significant,
and all such notices and orders shall be in
ing operations if the State regulatory author-
1838
CONGRESSIONAL RECORD
March 17, 1975
ity determines that reclamation pursuant to
the locality of the affected area, after appro-
mineral lease, permit, or contract issued by
the requirements of this Act is not feasible.
priate notice and publication of the date.
the Secretary which may involve surface
(3) Upon petition pursuant to subsection
time, and location of such hearing. After a
ooal mining and reclamation operations. In-
(c) of this section, a surface area may be des-
person having an interest which is or may
corporation of such requirements shall not,
ignated unsuitable for certain types of sur-
be adversely affected has filed a petition and
however, limit in any way the authority of
face coal mining operations if such opera-
before the hearing, as required by this sub-
the Secretary to subsequently issue new
tions will-
section, any person may intervene by filing
regulations, revise the Federal lands pro-
(A) be incompatible with existing land use
allegations of facts with supporting evidence
gram to deal with changing conditions or
plans or programs; or
which would tend to establish the allega-
changed technology, and to require any sur-
(B) affect fragile or historic lands in which
tions. Within sixty days after such hearing,
face mining and reclamation operations to
such operations could result in significant
the regulatory authority shall issue and fur-
conform with the requirements of this Act
damage to important historic, cultural, sci-
nish to the petitioner and any other party
and the regulations issued pursuant to this
entific, and esthetic values and natural sys-
to the hearing, a written decision regarding
Act.
tems; or
the petition, and the reasons therefor. In the
(c) The Secretary may enter into agree-
(C) affect renewable resource lands in
event that all the petitioners stipulate agree-
ments with a State or with a number of
which such operations could result in a sub-
ment prior to the requested hearing, and
States to provide for a joint Federal-State
stantial loss or reduction of long-range
withdraw their request, such hearing need
program covering & permit or permits for
productivity of water supply or of food or
not be held.
surface coal mining and reclamation opera-
fiber products, and such lands to include
(d) Prior to designating any land areas as
tions on land areas which contain lands
aquifers and aquifer recharge areas; or
unsuitable for surface coal mining opera-
within any State and Federal lands which
(D) affect natural hazard lands in which
tions, the regulatory authority shall prepare
are interspersed or checkerboarded and which
such operations could substantially endanger
a detailed statement on (1) the potential
should, for conservation and administrative
life and property, such lands to include areas
coal resource of the area, (ii) the demand
purposes, be regulated as a single manage-
subject to frequent flooding and areas of
for coal resources, and (iii) the impact of
ment unit. To implement a joint Federal-
unstable geology.
such designation on the environment, the
State program the Secretary may enter into
(4) To comply with this section, a State
economy, and the supply of coal.
agreements with the States, may delegate
must demonstrate it has developed or is
(e) Subject to valid existing rights no sur-
authority to the States, or may accept a
developing a process which includes—
face coal mining operations except those
delegation of authority from the States for
(A) a State agency responsible for surface
which exist on the date of enactment of this
the purpose of avoiding duality of adminis-
coal mining lands review;
Act shall be permitted-
tration of a single permit for surface coal
(B) a data base and an inventory sys-
(1) on any lands within the boundaries
mining and reclamation operations.
tem which will permit proper evaluation of
(1) on any lands within the boundaries of
(d) Except as specifically provided in sub-
the capacity of different land areas of the
units of the National Park System, the Na-
section (c) this section shall not be con-
State to support and permit reclamation of
tional Wildlife Refuge Systems, the National
strued as authorizing the Secretary to dele-
surface coal mining operations;
System of Trails, the National Wilderness
gate to the States any authority or jurisdic-
(C) a method or methods for implement-
Preservation System, the Wild and Scenic
tion to regulate or administer surface osal
ing land use planning decisions concerning
Rivers System, including study rivers desig-
mining and reclamation operations or other
surface coal mining operations; and
nated under section 5(a) of the Wild and
activities taking place on the Federal lands.
(D) proper notice, opportunities for public
Scenic Rivers Act and National Recreation
(e) The Secretary shall develop a pro-
participation, including a public hearing prior
Areas designated by Act of Congress;
gram to assure that with respect to the
to making any designation or redesignation,
(2) on any Federal lands within the
granting of permits, leases, or contracts for
pursuant to this section, and measures to
boundaries of any national forest except sur-
coal owned by the United States, that no
protect the legal interests of affected indi-
face operations and impacts incident to an
class of purchasers of the mined coal shall
viduals in all aspects of the State planning
underground coal mine;
be unreasonably denied purchase thereof.
process.
(3) which will adversely affect any publicly
PUBLIC AGENCIES, PUBLIC UTILITIES, AND
(5) Determinations of the unsuitability
owned park or places included in the Na-
PUBLIC CORPORATIONS
of land for surface coal mining, as provided
tional Register of Historic Sites unless ap-
for in this section, shall be integrated as
SEC. 524. Any agency, unit, or instrumen-
proved jointly by the regulatory authority
closely as possible with present and future
tality of Federal, State, or local government,
and the Federal, State, or local agency with
land use planning and regulation processes
including any publicly owned utility or pub-
jurisdiction over the park or the historic site;
at the Federal, State, and local levels.
licly owned corporation of Federal, State, or
(4) within one hundred feet of the outside
local government, which proposes to engage
(6) The requirements of this section shall
right-of-way line of any public road, except
in surface coal mining operations which
not apply to lands on which surface coal
where mine access or haulage roads join such
are subject to the requirements of this Act
mining operations are being conducted on
right-of-way line and except that the regu-
shall comply with the provisions of title V.
the date of enactment of this Act or under
latory authority may permit such roads to
REVIEW BY SECRETAREY
a permit issued pursuant to this Act. or
be relocated or the area affected to lie within
where substantial legal and financial com-
one hundred feet of such road, if after public
Smc. 525. (a) (1) A permittee issued a notice
mitments in such operations are in existence
notice and opportunity for public hearing in
or order by the Secretary pursuant to the
prior to September 1, 1974.
the locality a written finding is made that
provisions of subparagraphs (a) (2) and
(b) The Secretary shall conduct a review
the interests of the public and the land-
(3) of section 521 of this title, or pursuant
of the Federal lands to determine, pursuant
owners affected thereby will be protected; or
to a Federal program or the Federal lands
to the standards set forth in paragraphs (2)
(5) within three hundred feet from any
program or any person having an interest
and (3) of subsection (a) of this section,
occupied dwelling, unless waived by the
which is or may be adversely affected by
whether there are areas on Federal lands
owner thereof, nor within three hundred
such notice or order or by any modification,
which are unsuitable for all or certain types
feet of any public building. school, church,
vacation, or termination of such notice or
of surface coal mining operations. When the
community, or institutional building, public
order, may apply to the Secretary for review
Secretary determines an area on Federal lands
park, or within one hundred feet of a
of the notice or order within thirty days of
to be unsuitable for all or certain types of
cemetery.
receipt thereof or within thirty days of its
surface coal mining operations, he shall
FEDERAL LANDS
modification, vacation, or termination. Upon
withdraw such area or condition any mineral
SEC. 523. (a) No later than six months
receipt of such application, the Secretary
leasing or mineral entries in a manner so as
after the date of enactment of this Act, the
shall cause such investigation to be made
to limit surface coal mining operations on
Secretary shall promulgate and implement a
as he deems appropriate. Such investigation
such area. Where a Federal program has been
Federal lands program which shall be appli-
shall provide an opportunity for a public
implemented in a State pursuant to section
cable to all surface coal mining and reclama-
hearing, at the request of the applicant or
504, the Secretary shall implement a process
tion operations taking place pursuant to any
the person having an interest which is or
for designation of areas unsuitable for sur-
Federal law on any Federal lands: Provided,
may be adversely affected, to enable the
face coal mining for non-Federal lands within
That except as provided in section 712 the
applicant or such person to present informa-
such State and such process shall incorpo-
provisions of this Act shall not be applicable
tion relating to the issuance and continu-
rate the standards and procedures of this
to Indian lands. The Federal lands program
ance of such notice or order or the modi-
section.
shall, at a minimum, incorporate all of the
fication, vacation, or termination there-
(c) Any person having an interest which
requirements of this Act and shall take into
of. The filing of an application for review
is or may be adversely affected shall have the
consideration the diverse physical, climato-
under this subsection shall not operate as a
right to petition the regulatory authority to
logical, and other unique characteristics of
stay or any order or notice.
have an area designated as unsuitable for
the Federal lands in question. Where Federal
(2) The permittee and other interested
surface coal mining operations, or to have
lands in a State with an approved State pro-
persons shall be given written notice of the
such a designation terminated. Such a peti-
gram are involved, the Federal lands program
time and place of the hearing at least five
tion shall contain allegations of facts with
shall, at a minimum, include the require-
days prior thereto. Any such hearing shall
supporting evidence which would tend to
ments of the approved State program.
be of record and shall be subject to section
establish the allegations. As soon as practica-
(b) The requirements of this Act and the
554 of title 5 of the United States Code.
ble after receipt of the petition the regula-
Federal lands program shall be incorporated
(b) Upon receiving the report of such in-
tory authority shall hold a public hearing in
by reference or otherwise in any Federal
vestigation, the Secretary shall make findings
FORD
LIBRAR
March 17, 1975
CONGRESSIONAL RECORD HOUSE
H 1839
of fact, and shall issue 8 written decision,
if supported by substantial evidence on the
(1) the extraction of coal by a landowner
corporating therein an order vacating. af-
record considered as a whole, shall be con-
for his own noncommercial use from land
Arming, modifying, or terminating the notice
clusive. The court may affirm, vacate, or
owned or leased by him; and
or order, or the modification, vacation, or
modify any order or decision or many remand
(2) the extraction of coal for commercial
termination of such notice or order com-
the proceedings to the Secretary for such
purposes where the surface mining operation
plained of and incorporate his findings
further action as it may direct.
affects two acres or less.
therein.
(c) In the case of a proceeding to review
ANTHRACITE COAL MINES
(c) Pending completion of the investiga-
any order or decision issued by the Secre-
SEC. 529. (a) The Secretary is hereby au-
tion required by this section, the applicant
tary under this Act, except an order
thorized to and shall issue separate regula-
may file with the Secretary a written re-
or decision pertaining to any order is-
tions according to time schedules established
quest that the Secretary grant temporary
sued under section 521 of this title, the court
in the Act for anthracite coal surface mines,
relief from any notice or order issued under
may, under such conditions as it may pre-
if such mines are regulated by environmental
section 521 of this title, a Federal program
scribe, grant such temporary relief as it
protection standards of the State in which
or the Federal lands program together with
deems appropriate pending final determina-
they are located. Such alternative regulations
a detailed statement giving reasons for grant-
tion of the proceedings if-
shall adopt, in each instance, the environ-
ing such relief. The Secretary may grant such
(1) all parties to the proceedings have been
mental protection provisions of the State
relief, under such conditions as he may pre-
notified and given an opportunity to be heard
regulatory program in existence at the date
scribe, 1f-
on a request for temporary relief;
of enactment of this Act in lieu of sections
(1) a hearing has been held in the locality
(2) the person requesting such relief shows
515 and 516. Provisions of sections 509 and
of the permit area on the request for tem-
that there is a substantial likelihood that he
519 are applicable except for specified bond
porary relief in which all parties were given
will prevail on the merits of the final deter-
limits and period of revegetation responsibil-
an opportunity to be heard;
mination of the proceeding; and
ity. All other provisions of this Act apply
(2) the applicant shows that there is sub-
(3) such relief will not adversely affect the
and the regulation issued by the Secretary
stantial likelihood that the findings of the
public health or safety or cause significant
of Interior for each State anthracite reg-
Secretary will be favorable to him; and
imminent environmental harm to land, air,
ulatory program shall so reflect: Provided,
(3) such relief will not adversely affect
or water resources.
however, That upon amendment of a State's
the health or safety of the public or cause
(d) The commencement of a proceeding
regulatory program for anthracite mining or
significant, imminent environmental harm
under this section shall not, unless spe-
regulations thereunder in force in lieu of the
to land, air, or water resources.
cifically ordered by the court, operate as a
above-cited sections of this Act, the Secretary
(d) Following the issuance of an order to
stay of the action, order or decision of the
shall issue such additional regulations as
show cause as to why a permit should not
Secretary.
necessary to meet the purposes of this Act.
be suspended or revoked pursuant to sec-
(e) Action of the State regulatory author-
(b) The Secretary of Interior shall report
tion 521, the Secretary shall hold a public
ity pursuant to an approved State program
to Congress biennially, commencing on De-
hearing after giving written notice of the
shall be subject to judicial review by the
cember 31, 1975, as to the effectiveness of
time, place, and date thereof. Any such hear-
court of competent jurisdiction in accord-
such State anthracite regulatory programs
ing shall be of record and shall be subject
ance with State law, but the availability of
operating in conjunction with this Act with
to section 554 of title 5 of the United States
such review shall not be construed to limit
respect to protecting the environment and
Code. Within sixty days-following the public
the operation of the rights established in sec-
such reports shall include those recomenda-
hearing, the Secretary shall issue and fur-
tion 520.
tions the Secretary deems necessary for pro-
nish to the permittee and all other parties
SPECIAL BITUMINOUS COAL MINES
gram changes in order to better meet the en-
to the hearing a writen decision, and the
SEC. 527. The regulatory authority is au-
vironmental protection objectives of this
reasons therefor, concerning suspension or
thorized to and shall issue separate regula-
Act.
revocation of the permit. If the Secretary
tions for those special bituminous coal sur-
AMENDMENT OFFERED BY MR. MELCHER
revokes the permit, the permittee shall im-
mediately cease surface coal mining opera-
face mines located west of the one hundredth
Mr. MELCHER. Mr. Chairman, I offer
tions on the permit area and shall complete
meridian west longitude which meet the fol-
reclamation within a period specified by the
lowing criteria:
an amendment.
Secretary, or the Secretary shall declare as
(a) the excavation of the specific mine pit
The Clerk read as follows:
forfeited the performance bonds for the
takes place on the same relatively limited
Amendment offered by Mr. MELCHER:
operation.
site for an extended period of time;
Amend H.R. 25 by striking the language in
JUDICIAL REVIEW
(b) the excavation of the specific mine
section 515(b) (10) (D) and adding the fol-
pit follows a coal seam having an inclina-
lowing new language:
SEC. 526. (a) (1) Any action of the Secre-
tion of fifteen degrees or more from the hori-
"(D) restoring the recharge capacity of the
tary to approve or disapprove a State program
zontal, and continues in the same area pro-
mined area to approximate premining con-
or to prepare and promulgate a Federal pro-
ceeding downward with lateral expansion of
dition
gram pursuant to this Act shall be subject
the pit necessary to maintain stability or as
"(E) Replacing the water supply of an
to judicial review only by the appropriate
necessary to accommodate the orderly ex-
owner of interest in real property who ob-
United States Court of Appeals upon the
pansion of the total mining operation;
tains all or part of his supply of water for
filing in such court within sixty days from
(c) the excavation of the specific mine
domestic, agricultural, industrial, or. other
the date of such action of a petition by any
pit involves the mining of more than one coal
legitimate use from an underground or sur-
person who participated in the administra-
seam and mining has been initiated on the
face source where such supply has been
tive proceedings related thereto and who is
deepest coal seam contemplated to be mined
affected by contamination, diminution or in-
aggrieved by the action praying that the
in the current operations;
terruption proximately resulting from min-
action be modified or set aside in whole or
(d) the amount of material removed is
ing."
in part. A copy of the petition shall forth-
large in proportion to the surface area dis-
Reletter following subsections accordingly.
with be sent by registered or certified mail
turbed;
to the Secretary, and the Attorney General
(e) there is no practicable alternative
Mr. MELCHER. Mr. Chairman, this
and thereupon the Secretary shall certify, and
method of mining the coal involved;
amendment comes to me after virtually
the Attorney General shall file in such court
(f) there is no practicable method to re-
the identical language was adopted by
the record upon which the action complained
claim the land in the manner required by
the Senate in their version of the bill
of was issued, as provided in section 2112 of
this Act; and
title 28, United States Code.
and at the recommendation of Montana
(g) the specific mine pit has been actually
(2) All other orders or decisions issued
Power Co. who through Western Energy
producing coal since January 1, 1972, in such
by the Secretary pursuant to this Act shall
is engaged in strip mining at Colstrip,
manner as to meet the criteria set forth in
be subject to judicial review only in the
Mont.
this section, and, because of past duration of
United States district court for the locality
mining, is substantially committed to a
The first part, (D) refers to restoring
in which the surface coal mining operation
mode of operation which warants exceptions
the capacity of the "mined area" to ap-
is located. Such review shall be in accordance
to some provisions of this title.
with the Federal Rules of Civil Procedure.
proximate premining conditions. As we
In the case of a proceeding to review an
Such alternative regulations shall pertain
have the bill before us we are talking
order or decision issued by the Secretary
only to the standards governing onsite han-
about the "recharge capacity of the aqui-
under the penalty section of this Act, the
dling of spoils, elimination of depressions ca-
fer at the mine site." There are other
court shall have jurisdiction to enter an
pable of collecting water, creation of im-
points to consider. One is when coal is
order requiring payment or any civil penalty
poundments, and regrading to the approxi-
assessment enforced by its judgment. The
mate original contour and shall specify that
the aquifer and we remove it, it is pretty
remaining highwalls are stable. All other per-
difficult to come up with an equal aqui-
availability of review established in this sub-
section shall not be construed to limit the
formance standards in this title shall apply
fer, but what we are really intending
operation of the rights established in section
to such mines.
in the bill is to restore the recharge ca-
520.
SURFACE MINING OPERATIONS NOT SUBJECT TO
pacity, the amount of water that was
(b) The court shall hear such petition or
THIS ACT
there before.
complaint solely on the record made before
SEC. 528. The provisions of this Act shall
That is what is important. Then rather
the Secretary. The findings of the Secretary
not apply to any of the following activities:
than saying "mine site," the amendment
H 1840
CONGRESSIONAL RECORD - HOUSE
March 17, 1975
says "mined area." Rather than just re-
drainage; and the disruption of ground
mineralized. Its quality is similar to that
strict the requirement to the very narrow
water and surface water flows which can
of saline seeps.
area being mined, my amendment pro-
reduce the availability of water. These
In the most comprehensive study com-
tects the water capacity of the area
impacts are detailed in the committee re-
pleted to date on surface mining in the
around the mine site. Farmers and
port on H.R. 25. The seriousness of these
West, an impartial study committee
ranchers around the perimeter of the
impacts is magnified in arid and semi-
formed by the National Academy of Soi-
mined area, may find themselves having
arid regions. I believe it is necessary to
ences concluded:
their water diminished or damaged. At
assure that any bill passed by the House
In the planning of any proposed mining
times they are seriously damaged. We
to regulate the impacts of surface mining
and rehabilitation it is essential to stipu-
want to prevent that. The first part of my
contain adequate provisions for the pro-
late that alluvial valley floors and stream
amendment would give them that
tection of water resources in the West.
channels be preserved.
protection.
My amendment will prevent the loca-
My amendment embodies this recom-
The next section (E) deals with re-
tion of coal mining operations within or
mendation of the National Academy and
placing the water supply of an owner
advesely affecting alluvial valley floors
protects these productive lands that are
in interest of real property; in other
in the West where farming and ranching
so vital to the agricultural economy of
words, the owners and the ranchers
can be practiced on irrigated or naturally
the West and the ability of the Nation
around the area. If they are deprived of
subirrigated haymeadows, pasturelands,
to produce food and fiber.
their water, the mining company would
or other croplands.
The definition of alluvial valley floors
have to replace it. It is accepted by the
Alluvial valley floors are characterized
contained in H.R. 25 reflects the tech-
Montana Power Co. who is in the busi-
by unconsolidated deposits of materials
nical basis of the National Academy of
ness of mining a Colstrip; they know
such as clay, silt, sand, or gravel formed
Sciences report. This is the same defini-
it is needed because they are having this
by streams where the water table is so
tion that is used in the bill proposed by
very problem with the ranchers and the
near the surface that it directly supports
the Ford administration.
farmers surrounding the area where they
vegetation. Alluvial valley floors receive
H.R. 25 represents a most commend-
are engaged in mining. They have co-
recharge from a large area, and water
able effort by the House Interior and
operated with the Montana Legislature,
availability in the valley floor in effect
Insular Affairs Committee to find a mid-
which is now in session and which has
is far in excess of availability of adjoin-
dle course where coal can be surface
adopted this type of language for a new
ing lands.
mined but appropriate safeguards will
requirement in the State of Montana.
The danger posed by surface mining
be taken. Many believe, however, that
It is time we put it into the national
is to the agricultural lands supported by
if we are truly to protect the water re-
bill also, and I urge the committee to look
the high water table in an alluvial valley
sources of the West we must preserve
favorably on this amendment and pass it.
floor. If the water table is lowered as a
aquifers-a move that would prohibit
Mr. EVANS of Colorado. Mr. Chair-
result of surface mining, the surface
most strip mining in the Northern
man, will the gentleman yield?
vegetation cannot survive and water may
Plains since the shallow coal seams often
Mr. MELCHER. I yield to the gentle-
not be available for domestic farming
serve as aquifers. In proposing the pro-
man from Colorado.
and livestock uses. In addition, the water
tection of alluvial valley floors, I am
Mr. EVANS of Colorado. In looking at
that is available after surface mining is
taking a middle course that is much more
the amendment, the 4th line from the
likely to be significantly higher in sedi-
limited in impact than a provision pro-
bottom, the words "useful underground
ment, salts, and other dissolved chemi-
tecting aquifers would be. We should be
source"
cals and metals.
forthright in recognizing that it is im-
Mr. MELCHER. Underground or sur-
The classic case of a damaged alluvial
possible, as a practical matter, to restore
face water are both covered in the
floor is in the Rio Puerco River Basin in
the hydrologic function of an alluvial
amendment to give landowners the pro-
New Mexico. The river is a tributary of
valley floor once it has been strip mined.
tection in both instances.
the Rio Grande and comprises about 25
In summary, my amendment says that
Mr. EVANS of Colorado. I see that the
percent of its drainage basin. In the
where there is an alluvial valley floor
words "underground or surface" are in
1870's, it was a thriving agricultural
the amendment.
area. Today it is virtually a desert.
"where farming or ranching can be prac-
ticed on irrigated or naturally subirri-
Mr. MELCHER. Yes, they are there.
Briefly stated, the principal cause was
gated haymeadows, pasturelands or crop-
The CHAIRMAN. The question is on
overgrazing, which increased erosion and
lands," no one can strip mine within
the amendment offered by the gentle-
thereby upset the hydrologic balance.
such an area, and no one can strip mine
man from Montana (Mr. MELCHER).
The water table was lowered by erosion
in such a manner or place that would
The amendment was agreed to.
of the stream channel which had deep-
adversely affect such an area.
AMENDMENT OFFERED BY MR. EVANS OF
ened 40 feet by 1946. During this period,
plants could no longer tap the moisture
If my amendment passes, farmers and
COLORADO
ranchers would not have to define and
Mr. EVANS of Colorado. Mr. Chair-
of the lowered water table and died, in-
creasing the erosion and worsening the
prove "a substantial adverse effect" on
man, I offer an amendment.
The Clerk read asfollows:
cycle. The potential damage caused by
such an area, and no one can strip mine
strip mining would not be from over-
to define and prove that the area is "sig-
Amendment offered by Mr. EVANS of Colo-
grazing, of course, but the results could
nificant to present or potential farming
rado: Beginning on page 238, strike out line
25 and all that follows down through line 6
be the same as in the Rio Puerco Basin.
or ranching operations."
A study conducted by the Forest
Mr. Chairman, this is almost the same
on page 239 and insert in lieu thereof:
amendment that I offered last year and I
"(A) not adversely affect, or be located
Service and the Bureau of Land Manage-
within, alluvial valley floors, underlain by
ment for the Decker-Birney area in
will not take much time of the com-
unconsolidated stream-laid deposits where
Montana recommends no leasing of Fed-
mittee to go into it further, except to say
farming or ranching can be practiced on
eral coal lands in flood plains to avoid
this. It clarifies the language, it stiffens
irrigated or naturally subirrigated hay-
downstream polution. Even though many
the language. It takes away from the
meadows, pasturelands, or croplands; or".
alluvial valley floors are larger than com-
farmer or rancher whose water rights are
(Mr. EVANS of Colorado asked and
monly defined flood plains, most flood
adversely affected the burden of proving
"a substantial adverse effect" as would be
was given permission to revise and
plains in the semiarid and arid regions
the case under the committee language.
extend his remarks.)
of the West are on alluvial valley floors.
Mr. EVANS of Colorado. Mr. Chair-
The Montana Bureau of Mines and
It also would do away with the burden
man, my amendment deals with the sec-
Geology issued a report by Wayne A.
on his part to prove significant damage
tion of the bill which protects alluvial
Van Voast evaluating the hydrologic ef-
to present or potential farming or
valley floors in arid and semiarid areas.
fects of a strip mine located on an al-
ranching operations.
Most Members are aware that strip
luvial valley floor near Decker Mont.
In other words, basically as drafted my
amendment would provide to read as
mining can alter dramatically the qual-
Van Voast, a State hydrologist, has
follows:
ity and quantity of water in and around
found that water levels in the area have
dropped 10 to 50 feet in an area over
(5) the proposed surface coal mining
mined areas. For the most part, such
operation, if located west of the one hun-
changes have been detrimental-large
six times as large as that actually mined
dredth meridian west longitude, would not
increases in sedimentation; polluting of
and that the water coming out of the
adversely affect, or be located within, al-
waters by acid, salts, or other toxic
spoils into the Tongue River is highly
luvial valley floors, underfain by unconsoli-
March 17, 1975
CONGRESSIONAL RECORD HOUSE
H1841
dated stream-laid deposits where farming or
would certainly support language that
limits to mining. It is wasteful and &
ranching can be practiced on irrigated or
would protect 100 percent and completely
complete loss of valuable resources when
naturally subirrigated haymeadows, pasture-
the present capacity of the alluvial val-
we need all the surface mined coal we
lands, or croplands; or".-and strike the
ley floors for productive purposes, but I
can economically and rapidly secure.
balance of that section.
do not think we can simply set aside al-
Mr. EVANS of Colorado. Mr. Chairman,
Mr. HECHLER of West Virginia. Mr.
luvial valley floors and preclude mining
will the gentleman yield?
Chairman, will the gentleman yield?
on the grounds that they could be used.
Mr. RUPPE. With pleasure.
Mr. EVANS of Colorado. I yield to the
Mr. EVANS of Colorado. We would
Mr. EVANS of Colorado. Mr. Chair-
gentleman from West Virginia.
have to agree they also are capable of
man, if I had any fear that the conse-
Mr. HECHLER of West Virginia. If
being productive at the time. Certainly,
quences of my amendment would re-
it does not hut the gentleman's amend-
I would agree with the gentleman that
sult in a withdrawal of thousands of
ment, I would like to rise in strong sup-
if we are going to look 10 or 15 or 20
strippable acres in coal mining acres and
port of the gentleman's amendment.
years into the future and guess that
from mining, I would not propose it.
Mr. EVANS of Colorado. I thank the
probably sometime it might be so used,
I am satisfied, from the expert advice
gentleman for his support.
even though it is not so used now, I would
I get from the definitions contained al-
Mr. STEIGER of Arizona. Mr. Chair-
agree that would be a valid criticism of
ready in the bill that if this were to
man, will the gentleman yield?
the amendment, but if the land either is
pass, as I say, about 2 percent of the
Mr. EVANS of Colorado. I yield to the
now or could be now used for agricul-
strippable coal in Wyoming-and only
gentleman from Arizona.
tural or ranching purposes, my amend-
2 percent-would be adversely affected.
Mr. STEIGER of Arizona. Is the gen-
ment would preclude strip mining it.
In other words, 2 percent of that which
tleman aware the Senate has adopted
Mr. UDALL. Mr. Chairman, will the
could be mined otherwise could not be
some language in this regard? Is the
gentleman yield?
mined if this amendment were to pass.
gentleman aware of some not insignif-
Mr. EVANS of Colorado. I yield to the
So I ask approval of my amendment.
icant compromise in what the gentleman
gentleman from Arizona.
The CHAIRMAN. The question is on
from Arizona referred to as the Home
Mr. UDALL. Mr. Chairman, this is
the amendment offered by the gentleman
agreement? Is the gentleman aware this
similar to an amendment adopted in the
from Colorado (Mr. EVANS).
would do violence to whatever the Sen-
House when we considered this legisla-
The question was taken; and on a di-
ate adopted-not that it is necessarily
tion last year. I supported it then, and
vision (demanded by Mr. RUPPE) there
bad, but is the gentleman aware of that?
I support it now.
were-ayes 26, noes 16.
Mr. EVANS of Colorado. I am aware
I would say to the gentleman from
So the amendment was agreed to.
of that and I would hope that the clarity
Michigan that some of the concerns he
Mr. RHODES. Mr. Chairman, I have
and the stiffness of this provision in be-
raises are viable, and the other body has
become very concerned over the adverse
half of the ranchers and farmers in the
a much weaker provision. It may be nec-
impact H.R. 25 will have on the con-
arid and semiarid West would be over-
essary to blend the two to finally get a
sumers of the country. It is estimated
whelmingly supported and, therefore, I
bill.
that utility rates for electricity could in-
ask the gentleman's support for the
Mr. RUPPE. Mr. Chairman, I move to
crease between 8 and 15 percent.
amendment.
strike the last word.
In addition to this substantial impact
Mr. RUPPE. Mr. Chairman, will the
(Mr. RUPPE asked and was given per-
nationally, I have attempted to get some
gentleman yield?
mission to revise and extend his re-
specific feeling for the impact in Arizona.
Mr. EVANS of Colorado. I yield to
marks.)
I have been informed by some utility
the gentleman from Michigan.
Mr. RUPPE. Mr. Chairman, I would
companies in Arizona that the known
Mr. RUPPE. Mr. Chairman, I have just
like to point out that "alluvial valley
costs under H.R. 25 will increase their
had a chance to study the language in
floors," on page 315 of the bill, means the
costs by approximately $3 a ton on coal.
the amendment. As I correct in stating
unconsolidated stream laid deposits hold-
This would interpolate into approxi-
that this would be a prohibition against
ing streams where water availability is
mately a 5-percent increase in the elec-
mining in alluvial valley floors if the
sufficient for subirrigation or flood irri-
tric bill for Arizona residents.
balance of the language of the amend-
gation agricultural activities.
In order to understand some of the
ment exists, and then it is a prohibition
I believe from that language, alluvial
problems for Arizona, you must realize
as I have indicated, that there will be
valley floors would mean any area in the
that currently only 50 percent of elec-
no mining where farming can be prac-
West, where there are streams or where
tricity utilized within the State is pro-
ticed? It does not say where it is being
a stream has flowed in the past and
duced by coal-fired generation. By 1980,
practiced, but where it could be.
flowed at any time during the year. So,
however, it is projected that at least 80
Mr. EVANS of Colorado. It could be
in effect, in any area of the West where
percent of Arizona's electricity will be
because of the existence of subterranean
there is stream water during any portion
coal-fired. This will tie electrical rates
water or flooding.
of the year, even during the spring run-
even closer to the cost of coal, and in-
Mr. RUPPE. I think the committee
off, we define that area as alluvial val-
creases in coal will have a much greater
should understand it. In my opinion, I
ley floor.
percentage impact in electrical rates.
think that for the sake of clarity per-
Under the language of the amendment
haps, the gentleman would agree with me
offered by my colleague from Colorado,
In addition to increased utility rates,
that this would effectively prohibit all
mining of all those areas would automati-
H.R. 25 could result in a delay of the con-
mining bf alluvial valley floors in the
cally be banned. I think we make a mis-
struction of the Coronado generating
West. If we get to a definition, that is
take by simply saying that we will take
station near St. Johns, Ariz. This project,
virtually all of the valleys of the entire
this entire valley area or series of valleys
scheduled to take 4 years, would be set
West, is it not?
in the West and cut them off from being
back so that planned generating capac-
Mr. EVANS of Colorado. I would dis-
mined in the future. It seems to me that
ity will not be on line. Moreover. this
agree with the gentleman. The definition
what we want to get at is the protection
will result in the delay of some 1,600 jobs.
contained in the bill is the definition rec-
of productive capacity of those alluvial
It is difficult to determine exactly how
ommended by the National Academy of
valley floors now. What is grown there?
much beyond the $3 estimate the price
Science, as I understand it. It is a clear,
Where are those areas? Where 18 vegeta-
of coal per ton will be raised in Arizona
scientific basis of determining what areas
tion being usefully employed? Where is
due to H.R. 25. It is significant to note,
are covered by the definition.
ranching and other productive produc-
however, that additional factors, such as
I am told also that this definition would
tion being undertaken?
productivity losses and price increases
only preclude the strip mining of coal of
It seems to me that it is those proc-
due to possible coal shortages, must be
approximately 2 percent, for example, of
esses we want to protect, the productive
given serious consideration.
the strippable coal in the State of Wyo-
capacity of those present alluvial valley
Mr. BADILLO. Mr. Chairman, I rise
ming.
floors in the West. I do not think we want
in support of H.R. 25, the Surface Min-
Mr. RUPPE. Mr. Chairman, I would
to put them off limits to mining. This is
ing Control and Reclamation Act of
have to rise in opposition to the amend-
a sharp distinction. We want, first of
1975 and trust that we will have better
ment. It would seem to me, in looking at
all and foremost, to protect them for
luck in this Congress than we have had
the alluvial valley floors, the vegetation,
their productive capacity, but I do not
in the past in our efforts to regulate
the productive capacity of those floors, I
think we want to put the entire area off
coal surface mining nationally. In view
H 1842
CONGRESSIONAL RECORD HOUSE
March 17, 1975
of the fact that coal represents over 90
the Assistant Secretary for Land and
percent of our total hydrocarbon energy
Water Resources of the Department of
reserves, there can be no question that
the Interior will be adequate only if the
this form of energy will be called upon
Department of the Interior understands
to supply a significant proportion of
the importance of aggressively regulat-
our energy needs in the years to come.
ing this program.
At the same time, it is clear that neither
Mr. Chairman, the impact of this leg-
the coal operators nor the individual
islation on future generations is immeas-
States can be relied upon to take mean-
urable and we must therefore work to
ingful steps to limit or reduce the social
improve this bill as much as possible. I
and environmental damage which is the
trust that the bill that we finally enact
inevitable byproduct of coal mining.
in the House will be stronger than the
H.R. 25 seeks to establish a system of
one approved in the committee.
minimum Federal enforcement stand-
Mr. UDALL Mr. Chairman, I move the
ards. I wholeheartedly support this goal,
Committee do now rise.
but I think it is important to amend
The motion was agreed to.
H.R. 25 so that the minimum standards
Accordingly the Committee rose; and,
are high enough to protect the environ-
the Speaker having resumed the Chair,
ment and individuals that are left be-
Mr. SMITH of Iowa, Chairman of the
hind when the coal industry leaves the
Committee of the Whole House on the
area. I support the Spellman steep slope
State of the Union, reported that that
ban to section 515 which would prevent
Committee having had under considera-
the issuance of any permits for slopes
tion the bill (H.R. 25) to provide for
over 20 degrees, and would ban all min-
the cooperation between the Secretary
ing on such slopes after a 3-year period.
of the Interior and the States with re-
I concur that strip mining should be
spect to the regulation of surface coal
prohibited on these steep slopes because
mining operations, and the acquisition
of the difficulties with erosion, water
and reclamation of abandoned mines,
pollution, and landslides that pose seri-
and for other purposes, had come to no
ous danger to the public. This ban will
resolution thereon.
only effect the curtailment of 1 percent
of our total coal reserves.
Section 510 of H.R. 25 should be
amended to ban strip mining in alluvial
floors in Western States. The National
Academy of Science recommended:
In planning of any proposed mining and
rehabilitation it is essential to stipulate that
the alluvial floor be preserved.
The academy experts say that such
a ban is the only way to protect the
fragil subirrigated grazing lands essen-
tial to agriculture and cattle ranching
in Western areas.
Section 510 should also be amended to
prohibit the movement, interruption, or
destruction of any significant water-
course during mining operations. I also
concur with environmentalists' assertions
that mining or reclamation activities
should not be within 500 feet of such
watercourses. This is the minimum re-
quirement needed to protect bodies of
water from the acid drainage and sedi-
mentation caused by strip mining oper-
ations.
Another amendment to section 714 is
needed to protect the rights of surface
owners. I am in favor of requiring writ-
ten consent of surface owners so that
there is documentation of their consent.
The surface owner should be adequately
compensated for improvements that they
have invested in the land. In some States
coal operators have precedence over the
surface owner, and coal companies now
strip coal on land acquired by the sur-
face owner several years ago.
I am also in support of amending sec-
tion 522 to protect national grasslands.
It is also important to amend section 515
to require burial and compacting of toxic
materials.
Mr. Chairman, I regret the defeat on
Friday of the Dingell amendment that
would have put the regulatory authority
of this legislation under the Environ-
mental Protection Agency. I believe the
compromise alternative offered by Mr.
SEIBERLING that put the authority under
E 1200
CONGRESSIONAL RECORD Extensions of Remarks
March 17, 1975
which would share a portion of OCS
revenues with adjacent coastal States
while the remaining revenues would be
placed into a Marine Resources Con-
servation and Development Funds.
Finally, our Government during the
current negotiations on the law of the
sea has proposed that the United States
would share certain revenues derived
Time ml and gas production on the shelf
with the international community. It is,
therefore, possible that approval of this
amendment today could have an undesir-
able effect on our current LOS negotia-
tions and may somewhat limit our abil-
ity to achieve an acceptable interna-
tional agreement in Geneva.
All of these competing claims must be
considered in detail prior to determining
the purposes for which OCS revenues will
be used.
Consequently, I believed this amend-
ment is premature in nature, especially
since my subcommittee, which has ex-
clusive jurisdiction over the distribution
of OCS revenues, intends to hold exten-
sive hearings to resolve these complex
issues.
I should also note that the administra-
tion is opposed to earmarking OCS reve-
nues for particular purposes and believes
SURFACE MINING CONTROL AND
that they should continue to be placed in
RECLAMATION ACT OF 1975
the General Treasury. For example, in
commenting on H.R. 9132, the Depart-
SPEECH OF
ment of the Interior stated—
HON. JOSHUA EILBERG
The practice of earmarking budget receipts
for certain expenditures is not consistent
OF PENNSYLVANIA
with sound budgetary practice, since it intro-
IN THE HOUSE OF REPRESENTATIVES
duces unnecessary inflexibility into the
budget process.
Monday, March 17, 1975
For these reasons I urge my colleagues
The House in Committee of the Whole
House on the State of the Union had under
to defeat the amendment offered by the
consideration the bill (H.R. 25) to provide
gentleman from Pennsylvania (Mr.
for the regulation of surface coal mining
McDADE).
operations in the United States, to authorize
the Secretary of the Interior to make grants
to States to encourage the State regulation of
surface mining, and for other purposes.
Mr. EILBERG. Mr. Chairman, I rise in
strong opposition to the amendment
offered by the gentleman from Pennsyl-
vania (Mr. McDADE).
This amendment is predicated on a
belief that the public at large rather
than the coal industry should be respon-
sible for meeting the cost of restoring
land which has been despoiled by strip
mining. First of all. I do not believe that
this is a valid proposition, and second.
there is no logical reason why OCS
revenues should be used for this purpose.
In addition, I should bring to my col-
leagues' attention the fact that there are
several conflicting views as to the proper
recipients of revenues derived from the
development of the Outer Continental
Shelf.
For example, some have suggested that
OCS revenues be reserved for the en-
vironmental impacts caused by the ac-
celerated leasing program recently an-
nounced by the administration. Others
have recommended that OCS revenues
be shared with adjacent coastal States
which are most seriously and directly af-
fected by OCS development. In addition,
my Subcommittee on Immigration, Citi-
zenship, and International Law has
pending before it H.R. 4920 and H.R. 376,
March 17, 1975
CONGRESSIONAL RECORD - Extensions of Remarks
1207
spect to the regulation of surface coal min-
ing operations, and the acquisition and rec-
clamation of abandoned mines, and for other
purposes.
Mr. SEIBERLING. Mr. Chairman, this
is a very simple amendment. It is one
which I think will solve the problem we
have been wrestling with by making it
clear that the individual who is in charge
of the Office of Surface Mining Reclama-
tion and Enforcement will report to the
Assistant Secretary who has to do with
land and water resources rather than the
one who has to do with coal mine safety
and enforcement. This will put him at
a level equal to the Administrator of
MESA.
Mr. Chairman, that is all there is to it.
Mr. STEIGER of Arizona. Mr. Chair-
man, will the gentleman yield?
Mr. SEIBERLING. I yield to the
gentleman from Arizona.
Mr. STEIGER of Arizona. Mr. Chair-
man, I will ask the gentleman, is there a
copy of the gentleman's amendment
available anywhere?
Mr. SEIBERLING. No. The Clerk has
a copy. I wrote it out in longhand.
Mr. STEIGER of Arizona. Does the
Clerk intend to vote on the amendment?
Mr. SEIBERLING. That is up to him.
Mr. STEIGER of Arizona. Mr. Chair-
man, perhaps there are some of us who
would vote for it if we could see what it
says.
I now have a copy of the amendment,
and I see that the handwriting is terrible.
Mr. UDALL. Mr. Chairman, will the
gentleman yield?
Mr. SEIBERLING. I yield to the gen-
tleman from Arizona.
Mr. UDALL. Mr. Chairman, this
amendment goes a small way to-
ward meeting the objections raised by
the gentleman from Michigan (Mr.
DINGELL). I think the amendment
strengthens the bill, and I support it.
Mr. SEIBERLING. Mr. Chairman, I
thank the gentleman for his remarks.
Mr. STEIGER of Arizona. Mr. Chair-
man, I rise in opposition to the amend-
ment.
I realize that no Member here knows
what is in this bill, but this is ridiculous.
There is not a single Member here who
understands what we are doing by strik-
ing something and adding "under the
Assistant Secretary for Land and Water
Resources."
I would suggest to my colleagues that
whatever this remedies cannot possibly
be worthy of support, for it means fur-
ther destruction in an already totally
destructive process.
Mr. Chairman, I will ask my friend,
SURFACE MINING CONTROL AND
the gentleman from Ohio, to either with-
RECLAMATION ACT OF 1975
draw this amendment or to explain it
further. I suggest that if he takes the
SPEECH OF
time to explain it, it clearly is not going
HON. JOHN F. SEIBERLING
to be listened to. And even if every Mem-
ber in this room at this moment under-
OF OHIO
stood it, that would still be less than
IN THE HOUSE OF REPRESENTATIVES
one-quarter of the Congress.
Friday, March 14, 1975
Mr. Chairman, it just seems to me that
my friend, the gentleman from Ohio, is
The House in Committee of the Whole
House on the State of the Union had under
asking us to take an awful lot on good
consideration the bill (H.R. 25) to provide
faith. If it is not a measured, substantial
for the cooperation between the Secre-
amendment, it should not be handled in
tary of the Interior and the States with re-
this way, and if it is, it certainly should
E 1208
CONGRESSIONAL RECORD Extensions of Remarks
March 17, 1975
not be handled like this in this type of
do not think he ought to put this new
legislation.
bureau under that sort of person.
Mr. UDALL. Mr. Chairman, if the gen-
Mr. Chairman, I suggest that we vote
tleman will yield, the amendment is very
this amendment down and press on.
simple.
Mr. STEIGER of Arizona. They al-
ways are.
Mr. UDALL Mr. Chairman, I think my
friend, the gentleman from Arizona, can
understand it. I believe this is so simple
that the people in the Interior Depart-
ment, even the Members over there, can
understand it.
Mr. STEIGER of Arizona. Mr. Chair-
man, I was hoping he would not make it
S0 plain that the RECORD would under-
stand it.
Mr. UDALL. Mr. Chairman, there are
several Assistant Secretaries of the In-
terior.
Mr. STEIGER of Arizona. I thank the
gentleman for pointing that out.
Mr. UDALL. Mr. Chairman, some of
them deal with production of resources
and the management of public lands:
others are more concerned with conser-
vation and parks.
What the gentleman's amendment
says is this: "Let us put this new Office
of Surface Mining Reclamation and Con-
trol under that Assistant Secretary who
deals with land and water resources and
not under one of the other Assistant Sec-
retaries."
Mr. STEIGER of Arizona. Mr. Chair-
man, I will ask the gentleman from Ohio
this: What is the gentleman's rationale?
Does he know something about the char-
acter and makeup of the Assistant Sec-
retary of Land and Water Resources that
we do not know about the character of
some of the others? Is this a reflection
on the character of the other legion of
Assistant Secretaries? Why does the gen-
tleman make this differentiation?
Mr. SEIBERLING. Mr. Chairman, if
the gentleman from Arizona will yield,
the gentleman happened to testify be-
fore my subcommittee today, so I can
safely say he is a gentleman of fine
character. But that has nothing to do
with the case.
Mr. STEIGER of Arizona. The gen-
tleman likes the present Assistant Secre-
tary for Land and Water Resources?
Mr. SEIBERLING. I really have no
opinion.
Mr. STEIGER of Arizona. The gentle-
man knows nothing about him?
Mr. SEIBERLING. I have no opinion.
Mr. STEIGER of Arizona. The gen-
tleman has no opinion about him at all,
and yet he wants us to take this blanket
amendment and translate it into the
statute.
Mr. SEIBERLING. Mr. Chairman, I
have not
Mr. STEIGER of Arizona. Mr. Chair-
man, I will ask my friend, the gentle-
man from Ohio, is that not so?
Mr. SEIBERLING. This is not an ad
hominem amendment.
Mr. STEIGER of Arizona. I will not
yield any further. I tell the distinguished
gentleman this: I believe the phrase is:
"Nice guys finish last." I will not yield
any further.
I want to tell my friend, the gentle-
man from Ohio (Mr. SEIBERLING), that I
March 18, 1975
CONGRESSIONAL RECORD HOUSE
H 1883
The Chair wishes to announce that
ence of these additional words will cer-
to make the proceedings more orderly
tainly not do any damage and certainly
he is going to recognize section 509 fol-
will confirm an existing practice.
distributed as another
lowed by section 510, and so forth.
To save time I am willing to accept the
membership service by the
Mr. UDALL. Mr. Chairman, I move to
amendment.
American Mining Congress
strike the requisite number of words.
The CHAIRMAN. The question is on
Mr. Chairman, I have been asked by a
the amendments offered by the gentle-
number of the members of the committee
man from West Virginia.
as to our intentions with regard to the
The amendments were agreed to.
handling of this bill today. The leader-
The CHAIRMAN. Are there further
ship on the majority side has a long pro-
amendments to section 515?
gram this week, and we discussed the
AMENDMENT OFFERED BY MR. GUDE
situation with them. It will be our pur-
Mr. GUDE. Mr. Chairman, I offer an
pose to stay as long as necessary today
amendment.
to finish consideration of this bill. We
The Clerk read as follows:
are now on title V of seven titles. We
know of about 15 pending amendments.
Amendment offered by Mr. GUDE: Page 256.
line 12, strike subsection (14) inclusive and
We will move along as expeditiously as
insert in lieu thereof the following subsec-
possible, but it will be our purpose to
tion:
stay as late as necessary this evening to
"(14) segregate all acid-forming materials,
finish work on the bill.
toxic materials, and materials constituting
AMENDMENTS OFFERED BY MR. HECHLER OF
a fire hazard and promptly bury, cover. com-
WEST VIRGINIA
pact and isolate such materials during the
Mr. HECHLER of West Virginia. Mr.
mining and reclamation precess to prevent
contact with ground water systems and to
Chairman, I offer amendments.
prevent leaching and pollution of surface or
The Clerk read as follows:
subsurface waters,"
Amendments offered by Mr. HECHLER of
West Virginia: Page 256, line 11, after the
Mr. GUDE. Mr. Chairman, subsection
period, insert the following:
14 provides for the burying or isolation
"No coal mine wastes such as coal fines
of acid-forming materials and materials
and slimes shall be used as constituent ma-
that constitute a fire hazard. The amend-
terials in the construction of any coal mine
ment I am offering improves the lan-
waste dam or impoundment."
guage. It provides for immediate burial
Page 267, line 2, after the period, insert
the following:
One of the major aspects of the envi-
"No coal mine wastes such an coal fines
ronmental problems presented by strip
and slimes shall be used as constituent ma-
mining is the question of acid mine
terials in the construction of any soal mine
drainage and its toxic effects on water.
waste dam or impoundment."
The problem of acid drainage and leach-
Mr. HECHLER of West Virginia. Mr.
ing of toxic materials continues to be
Chairman, I ask unanimous consent that
the major problem in reclamation in
these two amendments may be consid-
the Midwest and parts of Appalachia. In
ered en bloc.
the western portion of my own State of
The CHAIRMAN. Is there objection to
Maryland, acid drainage from areas
the request of the gentleman from West
stripped 30 years ago continues to kill
Virginia?
all the fish and other aquatic life in the
There was no objection.
Potomac River in that area.
SURFACE MINING CONTROL AND
Mr. HECHLER of West Virginia. Mr.
In the West, the problem is sodic or
RECLAMATION ACT OF 1975
Chairman, the purpose of these amend-
saline drainage rather than acid drain-
Mr. UDALL. Mr. Speaker, I move that
ments is to make absolutely certain that
age. It is an equally serious problem.
the House resolve itself into the Com-
no coal mine wastes be constituted as
Numerous studies have clearly demon-
mittee of the Whole House on the State
part of the dam itself. The committee in
strated that the best way to reduce acid
of the Union for the further considera-
its wisdom has given the Corps of En-
and other types of toxic drainage is
tion of the bill (H.R. 25) to provide for
gineers authority to set up standards for
through burial and compaction. In the
the cooperation between the Secretary
these coal waste dams, and this provision
Appalachian Regional Commission stud-
of the Interior and the States with re-
simply assures that coal mine wastes
1es of the problem in eastern Kentucky,
spect to the regulation of surface coal
such as caused the Buffalo Creek tragedy
they concluded that:
mining operations, and the acquisition
may not be used in a coal mine waste
Further reductions in chemical pollution
dam itself.
and reclamation of abandoned mines,
are possible by means of
more rapid
and for other purposes.
Everyone in West Virginia and many
burial of acid overburden materials
The SPEAKER. The question is on the
people throughout the Nation recall that
deeper burial of acid materials
and
motion offered by the gentleman from
on February 26, 1972, a coal waste dam
compaction of backfilled and graded spoil
Arizona (Mr. UDALL).
on Buffalo Creek, W. Va., collapsed, send-
I think this language is an improve-
The motion was agreed to.
ing a 30-foot wall of water down a 17-
ment. I ask for the adoption of the
mile valley; 125 wonderful West Virgin-
IN THE COMMITTEE OF THE WHOLE
amendment.
ians were killed, and 4,000 people were
Accordingly the House resolved itself
rendered homeless. I certainly hope that
Mr. UDALL. Mr. Chairman, will the
into the Committee of the Whole House
we will do everything possible to avoid a
gentleman yield?
on the State of the Union for the further
repetition of the Buffalo Creek disaster.
Mr. GUDE. I yield to the gentleman
consideration of the bill H.R. 25, with
I strongly urge support for my
from Arizona.
Mr. SMITH of Iowa in the chair.
amendment.
Mr. UDALL. Mr. Chairman, this lan-
The Clerk read the title of the bill.
Mr. UDALL. Mr. Chairman, will the
guage was in last year's bill. We took it
The CHAIRMAN. Before the Commit-
gentleman yield?
out because we felt that the standards
tee rose on yesterday, it has been agreed
Mr. HECHLER of West Virginia. I
would require the operators to make sure
that the remainder of title V of the sub-
yield to the gentleman from Arizona.
the toxic materials were covered in any
stitute committee amendment, sections
Mr. UDALL. Mr. Chairman, I am not
event. It is one of those amendments that
509 through 529 inclusive, ending on
sure the amendment is necessary because
I do not consider necessary but it cer-
line 3, page 306, would be considered as
the Corps of Engineers does not permit
tainly does not do any harm. If the com-
read and open to amendment at any
the use of these materials in construc-
mittee wants to adopt it, it would not
point.
tion of dams in any event, but the pres-
do any damage to the bill.
H 1884
CONGRESSIONAL RECORD-HOUSE
March 18, 1975
Mr. STEIGER of Arizona. Mr. Chair-
Amendment offered by Mr. HECHLER of
Another possible source of landslides is
man, will the gentleman yield?
West Virginia: Page 263, line 15, after the
the reputed tendency of some miners to
Mr. GUDE. I yield to the gentleman
word "cut", strike all through the word
overload the fill benches resulting from first
from Arizona.
"met" on line 22, inclusive.
cuts, by stacking excessive spoil on the outer
Mr. STEIGER of Arizona. Mr. Chair-
Mr. HECHLER of West Virginia. Mr.
one-third of the fill bench.
man, I appreciate the gentleman yield-
Chairman, this is really a technical per-
The study concluded that:
ing and I am perhaps taking advantage
fecting amendment which prevents
The surest way to prevent landslides is
of the gentleman, but one reason why
dumping the spoil downslope on the ini-
probably the last one mentioned above-the
we did take that out of the bill was we
tial cut temporarily. I think the allow-
use of "no fill bench" methods (no first cut
learned that all biological material is
ance of the dumping of the spoil down-
dumping)
such methods are roughly
acid forming. It forms amino acids or
slope from the initial cut temporarily is
comparable in profitability to existing con-
harmless acids, but it is acid forming. If
a loophole which, if removed, would
ventional contour methods, and can be prac-
we adopt this in the law, then anybody
ticed using existing equipment.
strengthen this bill considerably.
who does not bury or cover what would
My amendment is designed to elimi-
As you can see from this study, my
not be deleterious acid-forming material
nate a very serious loophole. Throughout
amendment would insure that the most
would be in violation of the law.
the markup sessions and in its report, the
environmentally sound yet economical
If the gentleman will note, in section
committee has repeatedly emphasized
reclamation techniques would be used in
14 we say:
the importance of reclamation standards
mountain mining. It would not necessi-
all debris, acid-forming materials,
which prohibit the dumping of spoil on
tate the banning of mountain mining,
toxic materials,
the downslope in steep areas. A 1973 Sen-
yet it would reduce to a major degree the
In other words. we use the same defini-
ate Interior study spells out why even
single most damaging feature of moun-
tion and say that it shall be-
graded spoil on the downslope is a major
tain strip mining-landslides.
environmental hazard:
Mr. STEIGER of Arizona. Mr. Chair-
disposed of in a manner designed to pre-
vent contamination of ground or surface
In 1970, Kentucky required some operators,
man, I appreciate the desire of the
waters
on a demonstration basis, to purposedly
Chair to get this over with, but I would
spread out the overburden pushed downslope
like to rise in opposition to the amend-
I will tell the gentleman the problem
in order to prevent landslides. Such methods,
ment.
with the bill in many sections is that
however, are subject to massive sheet and
This again is one of those attempts,
we not only provide a goal as we did in
gully erosion and slumping, especially in the
by striking the very specific exemption,
the existing language but also we tried
high rainfall areas such as the Appalachian
to tell them how. This amendment tells
region, and, in effect reduce neither the
the gentleman is again attempting to
them how. When we commit this kind of
amount of environmental damage nor the
make an absolute which would com-
regulation to law we unintentionally do
number of operator violations.
pound the operator's problems. I under-
stand the gentleman's desire, but what
great harm because we place a legal im-
Yet H.R. 25 contains language which
he is striking is the necessity in some
pediment or requirement on the person
compromises the effectiveness of the pro-
operations to temporarily leave some
who is very conceivably not intentionally
hibition on downslope dumping by allow-
earth in a different position. It is very
violating the spirit of the situation but
ing the temporary dumping of the "ini-
specific. It says it is only a temporary
because he is not able to promptly bury
tial cut." "Initial cut" is nowhere de-
position. It must be limited. It is in there
or cover or compact or isolate the mate-
fined in the bill, though the report does
for a very real purpose.
rial, even if it were not necessary for
attempt to limit its applicability. How-
Now, we are making it difficult enough
safety. The existing language requires
ever, as several committee members
for these people to mine. By striking this,
the operator to insure against the very
pointed out during markup sessions, the
it is going to be even that much more
thing the gentleman is concerned about
language as drafted in H.R. 25 could
difficult. What the gentleman is strik-
and allows the operator to do it in such
easily be interpreted as allowing dump-
ing is the designating of temporarily
a manner as would conform to his par-
ing of first cuts all along the coal seam-
placing it in a limited specified area.
ticular geographic area.
in effect, allowing dumping of spoil much
That is about as narrow a violation that
So I will tell my friend that I hope
as is done in parts of Appalachia today.
could be construed by anybody.
his amendment is defeated because the
My amendment would close off this
existing language in the bill accomplishes
I hope again, while I realize the House
loophole of flatly prohibiting all dumping
what the gentleman wants, and his lan-
may not understand what is happening,
of spoil on the downslope, irregardless.
guage is going to add only to the prob-
we ought to at least give the committee
This would not prohibit mountain min-
lems of the operator.
credit for working its will in this partic-
ing-rather it would require the operator
Mr. GUDE. Mr. Chairman, I think if
ular language.
to truck the first cut material to a nearby
the gentleman reads the amendment, the
flat area to store it until it is needed in
Mr. RUPPE. Mr. Chairman, I move to
language does say "promptly bury, cover,
reclamation. Last year's House commit-
strike the requisite number of words.
compact and isolate" and so on, so as
tee report cites the feasibility of this
Mr. Chairman, I would like to ask the
to "prevent contact with ground water
approach:
author of the amendment if that is, in-
systems and to prevent leaching and pol-
At the present time in West Virginia the
deed, still a sentence with the deletion
lution of surface or subsurface waters;".
material from the first cut is set aside-
of the lines from 17 to 22? It seems to
If immediate burial were not necessary
usually on an old strip bench-on nearby or
me we have actually cut off the sentence
to prevent pollution and the officials so
adjacent lands.
in midair, 80 to speak.
specified, then it would not be essential
Further support for the necessity of
Mr. HECHLER of West Virginia. Mr.
under this language.
cutting off this loophole comes from a
Chairman, is the gentleman addressing
Mr. Chairman, I ask for adoption of
recent study done by Mathematica, Inc.
the question to me?
the amendment.
for the Appalachian Regional Commis-
Mr. RUPPE. Yes. It says, "necessary
The SPEAKER. The question is on the
sion. The study, entitled "Design of
soil or spoil material from the initial
amendment offered by the gentleman
Surface Mining Systems in Eastern
block."
from Maryland (Mr. GUDE).
Kentucky," examined the continuing
Mr. HECHIER of West Virginia. Mr.
The question was taken: and on a di-
problems of landslides, sedimentation
Chairman, will the gentleman yield fur-
vision (demanded by Mr. RUPPE) there
and water pollution in eastern Kentucky
ther?
were-ayes 21, noes 16.
and drew several conclusion which relate
Mr. RUPPE. Yes.
So the amendment was agreed to.
to my amendment. Kentucky law allows
Mr. HECHLER of West Virginia. I
The CHAIRMAN. Are there further
the dumping of the first cut and then
would advise the gentleman that if he
amendments to section 515?
prohibits subsequent dumping. Mathe-
feels it would be preferable and improve
AMENDMENT OFFERED BY MR. HECHLER OF WEST
matica concluded that this was inade-
the wording by putting a period right
VIRGINIA
quate protection and that "in practice,
after the word "cut", I would consider
Mr. HECHLER of West Virginia. Mr.
violations of these regulations have
that suggestion.
Chairman, I offer an amendment.
occurred fairly frequently in recent
Mr. RUPPE. Line 15, "where necessary
The Clerk read as follows:
years." Mathematica pointed out that:
soil or spoil material from the initial
March 18, 1975
CONGRESSIONAL RECORD HOUSE
1885
block"-and the gentleman leaves it off
clearly even in that single instance, the
The CHAIRMAN. Objection is heard.
there.
first cut, the spoil material from the
AMENDMENT OFFERED BY MR. HECHLER OF WEST
Mr. HECHLER of West Virginia.
slide would have to be placed in such a
VIRGINIA
I would remind the gentleman that the
way that there would be no sliding of
Mr. HECHLER of West Virginia. Mr.
amendment is on line 15. The gentleman
the material and no danger.
Chairman, I offer an amendment.
is reading from line 17.
Mr. BLOUIN. Mr. Chairman, will the
The Clerk read as follows:
Mrs. MINK. Mr. Chairman, will the
gentleman yield?
Amendment offered by Mr. HECHLER of
gentleman yield?
Mr. RUPPE. I yield to the gentleman
West Virginia: On page 273, between lines
Mr. RUPPE. I yield to the gentle-
from Iowa.
8 and 9, insert the following new subsection:
woman from Hawaii.
Mr. BLOUIN. Could the gentleman
"(g) no employee of the state regular
Mrs. MINK Mr. Chairman, the amend-
point to the section of this bill where
authority performing any finiction or duty
ment as offered by the gentleman from
"temporary" is defined? It seems to me
under this Act shall have a direct or indirect
West Virginia places a comma after the
the crux of the question revolves around
financial Interest in any underground or sur-
face coal mining operation, except that an
word "cut" appearing on line 15, there-
how long that material is going to lay
employee may own a total of not more than
by eliminating the entire proviso which
there before it is moved.
one hundred shares of stock of companies
we worked out in committee permitting
Mr. RUPPE. True, but remember that
which have a direct or indirect interest in
one cut to be put over the slope, which
when the mine is planned and in prep-
such operations and which are listed in any
in the recent markup was further
aration, the mining plan has to be ap-
securities exchange registered with the Se-
amended to provide that this placement
proved by the regulatory authorities, and
curities and Exchange Commission pursuant
of the first cut is only temporary and
there is provision for citizen interven-
to section 6 of the Act of June 6, 1934 (48
that it must be subsequently removed.
tion and for citizen participation. Any
Stat. 885: 15 U.S.C., 78f) provided that such
employee shall file with the state regulatory
I supposed that an optimum situation
question as to how the plan would be
authority a written statement concerning
would be that we would never permit
developed and the timing of it would be
such ownership which shall be available to
any spoil over the slope, but I think that
checked very carefully by the regulatory
the public. Whoever knowingly violates the
the bill as drafted by the committee con-
authority and, second, would be open for
provisions of the above sentence shall, upon
tains a reasonable compromise. It per-
review by any citizen or citizen group
conviction, be punished by a fine of not more
mits access into a hill by allowing the
which would question the practice.
than $2,500, or by imprisonment of not more
spoil of the first cut on the downslope.
Mr. BLOUIN. I have two points to
than one year, or by both. The Secretary
So, I would hope that this amendment
shall (1) within sixty days after enactment
make. One of the major objections to
of this Act, publish in the Federal Register,
would not be accepted and the committee
this kind of legislation generally comes
in accordance with 5 U.S.C. 553, regulations
bill would be retained.
to those who work within it because of
to establish methods by which the provisions
Mr. RUPPE. Mr. Chairman, I would
the constantly changing standards they
of this subsection will be monitored and en-
agree with the gentlewoman. It seems
have to undergo. No. 2, it also seems to me
forced by the Secretary and such state regu-
to me that we have said very carefully
to be very expensive to delay an entire
latory authority. including appropriate pro-
in the legislation that there is not to be
project for a citizen to be affected to
visions for the filing by such employees and
any spoil on the downslope. However, we
the review of statements and supplements
refer to it, and it is too expensive not to
thereto concerning any financial interest
did provide, because of the block cut
set the guidelines at the beginning.
which may be affected by this subsection,
method which will be employed, that the
Mr. RUPPE. I would point out that the
and (2) report to the Congress on March 1
spoil from the first cut under the block
block cut standards mandated under this
of each calendar year on actions taken and
cut method could be temporarily placed
legislation are going to be a difficult and
not taken during the preceding year under
on the downside or slope if it would
costly mining process, yet we did feel,
this subsection."
not create a hazardous condition.
because of the pressure we have ex-
Mr. HECHLER of West Virginia (dur-
This amendment would substantially
erted for the utilization of this mining
ing the reading). Mr. Chairman, I ask
increase the cost of mining. We do pro-
process, we should permit spoil on the
unanimous consent that further reading
vide legislation in which the first cut
downside on the first cut.
of this amendment be dispensed with
on the downside would be only tempo-
It is a very difficult process to handle,
since it is printed in the RECORD and
rary, and were that practice to be pre-
and there is a question of how we will
available at everyone's desk, and also
cluded. it would make mining much more
handle spoil on the downslide, if we do
since it conforms with the Dingell
difficult and costly.
not provide for an alternative in the bill.
amendment passed on Friday.
Mr. HECHLER of West Virginia. Mr.
The CHAIRMAN. The question is on
The CHAIRMAN. Is there objection to
Chairman, will the gentleman yield?
the amendment offered by the gentleman
the request of the gentleman from West
Mr. RUPPE. I yield to the gentleman
from West Virginia (Mr. HECHLER).
Virginia?
from West Virginia.
The question was taken; and on a di-
There was no objection.
Mr. HECHLER of West Virginia. Mr.
vision (demanded by Mr. HECHLER of
Chairman, we cannot legislate against
West Virginia), there were-ayes 8,
Mr. HECHLER of West Virginia. Mr.
landslides which occur when that mate-
noes 31.
Chairman, this amendment would apply
rial and spoil is placed downslope, point
So the amendment was rejected.
the same conflict of interest regulations
No. 1.
The CHAIRMAN. Are there any fur-
to the employees of State regulatory
ther amendments to section 515?
agencies and authorities as were included
The reason the comma is preserved
under the Dingell amendment as applied
rather than putting a period there is
AMENDMENT OFFERED BY MR. SEIBERLING
to Federal regulatory officials. Since the
because we pick up on line 22 the
Mr. SEIBERLING. Mr. Chairman, I
Dingell amendment was adopted, my
proviso: "Provided, That spoil material
offer an amendment.
amendment will insure that appropriate
in excess of that required-" and so
The Clerk read as follows:
and conforming conflict of interest regu-
forth, is left in to complete the sentence.
Amendment offered by Mr. SEIBERLING:
lations apply equitably.
That is the reason for the comma rather
Page 211, line 21, strike after the word
the period.
"every" the following: "three months" and
Mr. Chairman, I now gladly yield to
I simply observe that many, many
insert in lieu thereof the following: "month".
the gentlewoman from Hawaii.
landslides occur as a result of placing
POINT OF ORDER
Mrs. MINK. Mr. Chairman, I think
spoil from the initial cut, even temporar-
this is a correct amendment and will
Mr. STEIGER of Arizona. Mr. Chair-
ily, downslope. That is the purpose of
conform to the amendments we agreed
man, a point of order. We are on section
the amendment.
to earlier. I would hope the committee
516 and 515. This attempts to amend
would accept this amendment.
Mr. RUPPE. Mr. Chairman, I would
section 502. It is in violation of procedure.
like to point out that I understand the
Mr. SEIBERLING. Mr. Chairman, I
The CHAIRMAN. The question is on
gentleman's concern, but the bill lan-
ask unanimous consent that, although we
the amendment offered by the gentleman
guage specifically states that first cuts
have passed that point in title V, I be
from West Virginia (Mr. HECHLER).
placed on the downside would have to be
permitted to offer this amendment.
The amendment was agreed to.
placed in such a manner that the mate-
The CHAIRMAN. Is there objection to
AMENDMENT OFFERED BY MR. SEIBERLING
rial would not slide, and all the other
the request of the gentleman from Ohio?
Mr. SEIBERLING. Mr. Chairman, I
provisions of the bill would be taken
Mr. STEIGER of Arizona. Mr. Chair-
offer an amendment.
care of because we do indicate very
man, I object.
The Clerk read as follows:
H 1886
CONGRESSIONAL RECORD
March 18, 1975
Amendment offered by Mr. SEIBERLING:
would not affect already existing strip
was partly over deep minable coal and
Page 239, line 22, insert a new paragraph (6)
mines.
partly not, when the stripping reaches
as follows:
Mr. Chairman, I yield to the gentle-
the point where mining would be above
"(6) the blasting and excavation practices
man from Arizona (Mr. UDALL).
deep-minable coal, then the regulatory
permitted in connection with any proposed
surface coal mining operation not in exist-
Mr. UDALL Mr. Chairman, this sec-
authority would have to put some restric-
once on the date of enactment of this Act
tion is not effective for 2 years. I per-
tions on the use of explosives or by some
will not render unsafe or impractical the
sonally have not had a chance to study
other means prevent the destruction of
subsequent extraction of known deposits of
the impact of this.
that deep-mined coal.
coal recoverable by current deep mining tech-
The goal the gentleman seeks 13 one we
The other point I think is also well
nology beneath the area affected by the pro-
could all support. His goal is that in pres-
taken in that there should be a bai
posed surface coal mining operation."
ent stripmining operations we would
ancing, so that stripping of a very large
PARLIAMENTARY INQUIRY
not make it impossible to mine large de-
deposit of coal would not be prohibited
Mr. RUPPE. Mr. Chairman, I have a
posits that must be mined by under-
above a deep minable seam containing
parliamentary inquiry.
ground methods.
only a very small amount of recoverable
The CHAIRMAN. The gentleman will
I think in fairness to the industry, be-
coal.
state his parliamentary inquiry.
fore the conference takes up this provi-
The CHAIRMAN. The time of the
Mr. RUPPE. Mr. Chairman, is this
sion, we ought to analyze it and find out
gentleman from Ohio (Mr. SEIBERLING)
amendment to the sections under consid-
whether it poses any problems we have
has expired.
eration today, or is it covering a sec-
not thought about and whether it inter-
(By unanimous consent, Mr. SEIBER-
tion that we were taking up yeserday?
feres with coal production.
LING was allowed to proceed for 2 addi-
Mr. SEIBERLING. Mr. Chairman, if
Mr. Chairman, I would be inclined to
tional minutes.)
the gentleman will yield, this amendment
accept the amendment on that basis.
Mr. SEIBERLING Mr. Chairman, I
covers a section which is one of the sec-
Mr. SEIBERLING. Mr. Chairman, I
would be perfectly willing to sit down
tions in title V. and it was agreed yes-
would accept the gentleman's position.
with the gentleman in conference and
terday that title V was open to amend-
I understand that the gentleman would
work out some refined language based
ment at any point.
request the Interior Department to give
on the evaluation of this by the Interior
The CHAIRMAN. The Chair will state
us an opinion, and that if they come up
Department, but I think we do need to
that the amendment is to section 510,
with problems that were not foreseen,
have this type of provision in this bill
and the bill is open for amendment at
I would support modifying or striking the
before it goes to conference. Otherwise,
any point from section 509 to the end of
amendment out in conference.
we will not be in a position to meet the
title V.
Mr. RUPPE. Mr. Chairman, will the
important problem to which this amend-
The Chair recognizes the gentleman
gentleman yield?
ment is directed.
from Ohio (Mr. SEIBERLING).
Mr. SEIBERLING I yield to the gen-
Mrs. MINK. Mr. Chairman, will the
Mr. SEIBERLING. Mr. Chairman, this
tleman from Michigan.
gentleman yield?
amendment is offered to remedy a very
Mr. RUPPE. Mr. Chairman, my prob-
Mr. SEIBERLING. I yield to the gen-
serious oversight in this bill. The staff,
lem with the amendment would be this:
tlewoman from Hawaii (Mrs. MINK).
I believe, concedes that it was an over-
Suppose we have an area that is being
Mrs. MINK. Mr. Chairman, I have a
sight.
strip mined and all of a sudden the min-
suggestion. If the gentleman added the
We are in the situation that approxi-
ing process would come to a point under-
words "and if of greater economic value"
mately 97 percent of the Nation's coal
neath which underground surface mining
to his amendment, it would answer the
reserves are minable only by deep mine
operations could be commenced to be
questions that have been raised on both
methods and only 3 percent minable by
developed at a later time. Are we to sug-
sides as to whether we want a restriction
strip mine methods. It has been esti-
gest that the entire strip mining opera-
of this kind for a very small deposit of
mated that if we stopped deep mining
tion come to a halt because at some point
coal that might exist and that could only
coal entirely and went exclusively
beneath the present operation there is
be recovered by underground techniques.
to strip mining. we would use up all the
an underground coal seam that could
Mr. SEIBERLING. To answer the gen-
strippable coal by the end of this cen-
be mined at some future date?
tlewoman, I would rather not make that
tury.
First of all, under the language of the
type of amendment, for the simple rea-
There are places where strippable coal
amendment we might preclude the min-
son that the deep coal still might be of
is located above seams of coal that can
ing of a million or 5 million tons of sur-
great economic value. If one had a 50-
only be recovered by deep mining
face coal simply because there may be
foot seam of strippable coal on top of a
methods.
5,000 or 50,000 tons of underground re-
30-foot seam of deep minable coal, the
Mr. Chairman, the purpose of this
coverable coal beneath the surface-
deep minable coal would still have great
amendment is to make it clear that if
mined areas.
economic value and it would be a waste
stripping above known deposits of deep
It seems to me that what we are say-
of valuable natural resources to make it
minable coal would make it impossible
ing is that we will stop any mining proc-
impossible to get that deep minable coal
to mine that deep coal thereafter, the
ess if underneath that surface-mined
out.
stripping could not take place until and
area there is any size coal deposit at all
I would think that there ought to be a
unless the deep minable coal is ex-
that could be removed by underground
finding by the regulatory authority that
tracted.
mining methods. It seems to me at that
the size of the deep minable coal seam is
There may be cases where, because of
juncture that we would perhaps stop the
of too little correquence to justify deep
the type of rock structures and the close-
production of a 1-million ton operation
mining. I would go along that that, but
ness of strippable areas to the deep min-
or a 5-million ton operation simply be-
I suggest that we handle that in confer-
able seams, strip mine blasting could
cause as little as 5,000 or 50,000 tons of
ence and simply get this amendment in
fracture the rock and make subsequent
underground recoverable coal may be
the bill now 80 that we can deal with it in
deep mining practically impossible be-
beneath the area that is presently being
conference.
cause of the inability of the fractured
mined.
The CHAIRMAN. The question is on
rock strata to provide adequate roof sup-
Mr. Chairman, that would be an in-
the amendment offered by the gentle-
port for tunnels and working faces of
efficient and wasteful process, to bring
man from Ohio (Mr. SETEERLING).
the deep mine.
a surface-mining operation to a dead
The question was taken; and on a divi-
The proposed amendment would meet
halt simply because underneath the
sion (demanded by Mr. SEIBERLING)
this situation by requiring the regulatory
operation there was a given amount of
there were-ayes 16, noes 15.
authority to find that the coal surface
coal that could be mined by some other
So the amendment was agreed to.
mining operation would not have such an
method.
AMENDMENT OFFERED BY MR. BLOUIN
effect on known deposits-and I empha-
Mr. SEIBERLING. Mr. Chairman, I
Mr. BLOUIN. Mr. Chairman, I offer
size the words, "known deposits"-of re-
think the gentleman's point is well taken.
an amendment.
coverable deep minable coal located
First of all, let me say that this amend-
The Clerk read as follows:
below the proposed strip mine. The
ment would affect only new mines.
Amendment offered by Mr. BLOUIN: Page
amendment is prospective only and
Therefore, if we had a strip mine that
204, line 21, strike the words "boundaries of
March 18, 1975
CONGRESSIONAL RECORD-HOUSE
1887
any national forest" and insert the follow-
determined amount of so-called need of
systems. It again prohibits surface coal
mg: "the National Forest System".
energy.
mining in the National Forest and Wild
(Mr. BLOUIN asked and was given
Our amendment makes every effort to
and Scenic River Systems except where
permission to revise and extend his
speak to this concern. Its passage in my
such mining exists on the date of enact-
remarks.)
opinion would allow the fulfillment of
ment and except where the deeds, con-
Mr. BLOUIN. Mr. Chairman, this
the goals of title III of the Bankhead-
veying lands to the United States
amendment speaks to the question of
Jones Tenant-Farmers Act of 1937.
reserved the coal and permitted such
whether or not the national grasslands
That is how long this Congress has
mining, with the added proviso that such
are going to be continued to be pre-
been helping that program. That is how
mining would be subject to the regula-
served and rejuvenated.
long those people in those parts of this
tory requirements of the bill.
I think we are talking about a sub-
country have been waiting for that land
The conferees during the previous
ject that goes back quite a few years,
to be returned to a usable state. All our
Congress rewrote this section to permit
and maybe it is worth at least a mo-
amendment does is insure that that will
the continuance of existing mining oper-
ment or two to try to refresh the mem-
continue.
ations in national parks, national wildlife
ories of the Members about what this
I ask for the support of the Members
refuges and wilderness systems, and to
whole concept is all about.
of this amendment, and urge its passage.
permit all mining based on "valid exist-
Some of the Members may remem-
AMENDMENT OFFERED BY MR. DINGELL AS A SUB-
ing rights." That clause is a puzzling
ber that as a result of the droughts of
STITUTE FOR THE AMENDMENT OFFERED BY
one. It appears to cloud the matter. It is
the 1930's and the erosion and depletion
MR. BLOUIN
my understanding that the committee
of some precious soil deposits that re-
Mr. DINGELL Mr. Chairman, I offer
wants to prohibit mining in these areas.
sulted from those thoughts, literally mil-
an amendment as a substitute for the
But what does the provision mean? I
lions of acres of agricultural land were
amendment.
think it is extra verbiage and really
destroyed and rendered, frankly, rather
The Clerk read as follows:
has no meaning.
useless. Thousands of American fam-
Amendment offered by Mr. DINGELL as a
The amendment now before us adds
ilies-farmers and ranchers-saw their
substitute for the aemndment offered by
really only one thing to that offered by
life's works and dreams and desires lit-
Mr. BLOUIN: On page 294, line 10, strike "Sub-
my friend, the gentleman from Iowa. It
erally disappear with no apparent ave-
ject to valid existing rights no" and insert
continues the prohibition against surface
nue of hope left.
therein the word "No"; and
mining in the areas listed, first, national
2. On page 294, strike all on Nne 21 through
The Congress in those days responded
parks, wildlife refuges, and wilderness
the semicolon on line 23, and insert therein
to that crisis with a program of restora-
systems, and also the other parts of the
the following:
tion, preservation, and relocation and,
"(2) on any lands within the boundaries
national forest; and second, our scenic
unlike so many programs that have been
of national forests or national grasslands:
river systems and the grasslands.
passed by this body since then, this one,
Provided, that the prohibition in this sub-
But it again prevents the surface min-
strangely enough, worked.
section shall not prevent (A) such mining
ing from taking place pursuant to the so-
The 3,822,000 acres of our time, our
within any of these lands where the deeds
called preexisting rights of which we are
money. and our hopes for our people for
conveying the surface lands to the United
not informed, and which may very well
States reserved the coal and specifically pro-
over 40 years have gone into this pro-
authorize a kind of mining in a degree
vide for the surface mining thereof, or (B)
gram of reclamation and restoration and
the surface operations and impacts incident
and amount and in places where this
recycling of land resources.
to an underground coal mine: Provided,
body is not prepared to accept it, or
Now, really when we are literally on
further that in no event shall such mining
where on the basis of sober understand-
the brink of completing our waiting for
operations be exempt from the requirements
ing I think the people of this Nation
recycling of this land, to bring it back
of this Act;".
would not want to have that take place.
to a usable level, and in many instances
(Mr. DINGELL asked and was given
The bill before us contains the con-
already having accomplished this goal,
permission to revise and extend his
ference approach of last year, and it
we find ourselves in an effort on the part
remarks.)
appears to permit coal mining in places
of some to literally rip the top off that
Mr. DINGELL. Mr. Chairman, I want
where in my view surface coal mining
soll and put back four decades of work
to commend my colleague, the gentleman
should not be tolerated: namely, the na-
into the back pages of history some-
from Iowa (Mr. BLOUIN) for offering an
tional grasslands, and for that reason I
where, of eliminating the concern and
excellent amendment. I do not want
would urge the adoption efther of the
care of that land that has taken so long
my colleagues to think that my offering
substitute which I offer to that offered
to restore, land that, whether you know
of this amendment in any way takes
by my friend, the gentleman from Iowa,
it or not, is presently being used for graz-
away my support of the amendment
or at least the amendment offered by may
tng by thousands of cattle and sheep be-
which is offered by our able colleague,
friend, the gentleman from Iowa.
longing to farmers and ranchers in these
the gentleman from Iowa.
Mr. RUPPE. Mr. Chairman, will the
regions-land that is presently being
It is an attempt simply to add further
gentleman yield?
used as a wildlife habitat for thousands
perfections in a fashion which would
Mr. DINGELL I yield to the gentleman
of antelope, deer, quail, pheasant, and
least utilize the time of the House of
from Michigan.
other wild game-land that is presently
Representatives. Everything that my
Mr. RUPPE. I thank the gentleman for
being used and enjoyed by hundreds of
friend and colleague, the gentleman from
yielding.
thousands of hunters, fishermen, camp-
Iowa, has said in substantive support
This amendment, then, would extend
ers, and picnickers from all over this
of his amendment would apply to the
the prohibition of surface mining to
country annually-and land that is pres-
amendment which I offer.
ently being used to demonstrate the
grasslands and to those private lands
My amendment was printed in the
practicability of grassland management
within the boundaries of any unit of the
CONGRESSIONAL RECORD on March 13,
and development needed to keep un-
National Forest System; am I correct?
1975, beginning at page H1723, pursuant
stable soils in place, and covered with
Mr. DINGELL I have other amend-
to rule XXIII, clause 6.
grass.
ments which will reach 300 yards out of
The amendment which I offer is very
Mr. Chairman, in my opinion now is
little different, as I have indicated, from
sight of existing areas of the National
not the time to regress from 40 years of
Forest System which I will later cover.
that offered by the gentleman from Iowa,
conservation management for the sake
and very little different from that which
Mr. RUPPE. If the gentleman will
of exploiting what really amounts to less
I offered during the consideartion of this
yield further, this amendment does cover
than one-half of 1 percent of the total
legislation during the previous Congress.
private lands. It says:
coal reserves in this country.
The amendment that I offer as a sub-
On any lands within the boundaries of na-
Now is the time to show that we are
stitute for that offered by my friend,
tional forests or national grasslands
concerned about the need to preserve
the gentleman from Iowa, does the
Mr. DINGELL The gentleman from
this land, and to protect those 3.8 mil-
following:
Michigan is correct and I regret I gave an
lion acres of usable land for people
One, it prohibits all surface coal min-
erroneous impression. I would note, how-
with a long-term benefit instead of a
ing in areas of national parks, national
ever, that I simply followed the language
short-term, one-shot benefit of an un-
wildlife refuge systems, and wilderness
of the bill.
H 1888
CONGRESSIONAL RECORD HOUSE
March 18, 1975
AMENDMENT OFFERED BY MR. M'KAY TO THE
There are about 7 billion tons of
terday we adopted the amendment of the
AMENDMENT OFFERED BY MR. DINGELL AB A
known coal reserves on the national
gentleman from Colorado (Mr. EVANS)
SUBSTITUTE FOR THE AMENDMENT OFFERED BY
forest lands. Some of these lands really
MR. BLOUIN
to fully protect the alluvial areas, to ban
should not be surface mined, because of
mining on them, so we have a very good
Mr. McKAY. Mr. Chairman, I offer an
the recreational. timber, or scenic values
protection and balance in the bill.
amendment to the amendment offered as
which should be protected. But this
My friend, the gentleman from Utah
a substitute for the amendment.
should not mean that all the forest land
(Mr. McKAY) makes a good point that
The Clerk read as follows:
should be precluded from being mined.
there are areas in his territory that are
Amendment offered by Mr. MCKAY to the
Our national energy demands mean that
not really forests. They are sage and
amendment offered by Mr. DINGELL as a sub-
this should not be locked up where the
open land and 80 on. If we are going h
stitute for the amendment offered by Mr.
BLOUIN: After (2) delete "on any Innds with-
important environmental values would
permit anything, I would prefer we
in the boundaries of national forest or na-
not be compromised by the surface min-
should keep this, but the wisest thing to
tional grasslands:" and insert in lieu thereof
ing. This amendment provides the
do is to defeat all the amendments and
the following: "on any Federal lands with-
needed protection for our national forest
permit this compromise to stand.
in the boundaries of any national forest east
without a total prohibition.
Mr. MELCHER. Mr. Chairman, I move
of the one-hundredth meridian or on any
It should be understood that all the
to strike the requisite number of words.
lands within the boundaries of any national
national forest is not all forests. Half
Mr. Chairman, I will allay some of the
forest which, one the date of the enactment
the national forest land is range land and
of this Act, are managed and utilized pri-
fears of the Members and I will only
marily for outdoor recreation or for sus-
some forest land is of real scenic value
take a minute or 2 to respond to my good
tained yield timber production:".
and some has timber value.
friend, the gentleman from Utah (Mr.
In our western part of the country
McKAY) on the type of land he is talk-
(Mr. McKAY asked and was given per-
over the years many people have par-
ing about and the possibility of mining
mission to revise and extend his
ticipated in getting the Forest Service to
it.
remarks.)
buy out-or the local communities have
I asked the Bureau of Land Manage-
Mr. McKAY. Mr. Chairman, the pur-
bought up-certain lands for the Forest
ment in Montana, which administers 8
pose of this amendment is in fact to allow
Service to administer because those lands
million acres of Federal lands in Mon-
in certain areas of the national forest
were being ill administered, and the
tana how much of the BLM land would
some mining. I agree with the Strip
lands have been brought back to a better
be mined in Montana in the next 10
Mining Act that we need to make some
ecological state than they were before.
years and they told me it would be 5,000
regulation, we need to tighten it down,
I think that ought to continue. For ex-
acres. Due to the preponderance of BLM
and we need to reclaim, and we need
ample, in an area called the Fish Lake
land in the area of Montana lying over
to manage, and we need to do all these
area in Utah, there are some 1,500 acres
the Fort Union coal deposit, this would
things. The effect of this amendment
which contain 15 million tons of low
probably mean that during the next 10
would allow and require all that.
sulfur coal. There is no vegetation except
years, if BLM estimates are correct, we
Let me indicate some things. I am
for sagebrush, the area is dry. and there
are only going to mine about 15,000
concerned about the total prohibition on
is in some areas a few pinions and juni-
acres of land in Montana including pri-
surface mining in the national forest
pers. There is no significant wildlife.
vate and State lands. There are no appli-
areas. I recognize the need for special
In this type of land I think we need to
cations and never have been applications
protection in the national forests. I
make the opportunity available to mine
for lease for coal mining in the national
would hate to see the stripping of land
the coal.
forests so there is no urgency to allow
covered with beautiful aspen or alpine
One other thing this amendment does
mining in national forests.
forest. On the other hand, not all forest-
is that it precludes mining in all areas
Much of those lands in the West which
land is important scenic, recreational,
east of the 100th meridian, which is
overlie the huge Fort Union coal deposit
or timber land.
roughly down the middle of North and
are administered by the Bureau of Land
I would like to indicate, If any of the
South Dakota, Kansas, Oklahoma, and
Management.
Members are interested. a picture of
so on, so this does not open up the forest
some of the national forest land where
The need for mining federally owned
lands east of that parallel. This applies
there is not a stick of timber and there
coal can easily be met on those lands.
only to the western section of the
are not grasslands. They do have some
We have no need to open up the
country.
coal under the surface and we should
Custer National Forest or other national
I would urge my colleagues to support
be able to use it. We should be able to
forests, but I do want to say to my good
the amendment.
use the coal under this land in these
Mr. UDALL Mr. Chairman, I rise in
friend. the gentleman from Utah, that
areas, which could be under the rules and
he is absolutely correct. The type of land
opposition to the amendment.
regulations of this bill be refurbished and
Mr. Chairman, the three amendments
he is describing, and which I have viewed
in some locations it could be left in
myself in Utah is not what we would
by my friends, the gentleman from Utah
a conditon better than it is now. There-
(Mr. McKay). by the gentleman from
envision as logically belonging in a nam
fore, I think we ought not totally to
Iowa (Mr. BLOUIN). and by the gentle-
tional forest. Why it was put in a nation-
exclude it.
man from Michigan (Mr. DINGELL.), all
al forest is a mistake of this country.
I think it is unwise to completely pre-
seek to upset the very finely tuned com-
I would say what is proper is a re-
clude the possiblity of surface mining
promise that it took us months and
structuring of who manages what. I do
where important environmental values
months to work out. In the bill that
not think the national forest system per
are not a consideration-and, I under-
emerged last month and in the bill today
se is so sacred that the boundaries have
line, are not compromised.
we have a flat prohibition against coal
to remain as they are when they do not
The proposed amendment provides
surface mining in all the U.S. National
really include lands that meet the crl-
careful protection for all the important
Park System. the National Scenic
teria of forest lands.
forest values. Surface coal mining is pro-
River System. the National System
I know there are national forests that
hibited where the present use or value of
of Trails. and we also include the
have different types of land; but I think
the area to be mined is primarily related
national forests in the Blouin amend-
the gentleman from Utah is absolutely
to timber or recreational use as the ef-
ment, which would seek to exclude min-
correct when he said that the type of land
fective date of this act.
ing in national grasslands, which in the
he is describing better fits the type of
In addition, the areas could be desig-
committee bill is permitted.
land we would find administered by the
nated as unsuitable for mining where
The national grasslands are some spe-
Bureau of Land Management, rather
there would be significant damage to the
cial lands really in several Western
than be included in a national forest.
environmental values or the national sys-
States including Wyoming which were
I would say a better solution to the
tem under this.
taken in very bad condition in the 1930's
problem is a restructuring or putting
Also, the strict regulations would apply
and were rejuvenated.
lands under the proper Federal manage-
to limited areas where mining might be
There are very tough environmental
ment where they fit, rather than leav-
allowed.
standards in the bill if we do mine the
ing them in the boundaries we now have,
So we are providing all the rules and
grasslands.
which do include much land in national
regulations.
I would remind my colleagues that yes-
forests which are very similar to Federal
March 18, 1975
CONGRESSIONAL RECORDHOUSE
1889
lands managed by the Bureau of Land
Mr. MELCHER. The gentleman from
cases, if it were stripped and required to
Management.
Utah has offered an amendment that
be put back, It would then present a bet-
Mr. McKAY. Mr. Chairman, will the
would clearly indicate that the Custer
ter soil condition, one in which the en-
gentleman yield?
National Forest would be open to strip
vironment could be improved for grazing
Mr. MELCHER. I yield to the gentle-
mining for coal.
and other uses.
man from Utah.
Mr. SEIBERLING. That is the point I
Mr. SYMMS. Mr. Chairman, I thank
Mr. McKAY. Mr. Chairman, as the
wanted to clarify.
the gentleman very much. I am in strong
gentleman knows, I would be willing if
Mr. MELCHER. I might point out to
support for the gentleman's amendment.
the Congress would tighten it down to
the Members of the Committee that the
I think this would be one of the few
eliminate Custer National Forest. I would
language that is in the bill says that
chances we would have to improve the
suppose that you could handle that in
there can be no coal strip mining on any
legislation, and I hope the amendment is
conference and I would not have any
Federal land within the boundaries of a
accepted, as It will make this legislation
objection to that.
national forest-which of course does
slightly less obnoxious.
As the gentleman knows. the Forest
permit mining on private land within
The CHAIRMAN. The question is on
Service and the Bureau of Land Man-
the national forest and we do have some
the amendment offered by the gentleman
agement administers lands of very sim-
private land in Custer National Forest-
from Utah (Mr. McKay) to the amend-
ilar nature. The Bureau of Land Manage-
so there could be some mining on private
ment offered by the gentleman from
ment, I agree, has more of the range
lands, but under the committee bill there
Michigan (Mr. DINGELL), as a substitute
management mineral lands than the
would be a ban on all Federal land in
for the amendment offered by the gentle-
Forest Service. but they each have quan-
the national forest.
man from Iowa (Mr. BLOUIN).
tities of it and each administer jurisdic-
Mr. WIRTH Mr. Chairman, I make
The question was taken; and on a di-
tion of timber sales and all of the other
the point of order that a quorum is not
vision (demanded by Mr. McKAY) there
types of lands. If we could sort out all of
present.
were-ayes 22, noes 32.
those-which I do not expect we are
The CHAIRMAN. The Chair will count.
So the amendment to the amendment,
going to do-then I would agree with
Evidently a quorum is not present.
offered as a substitute for the amend-
the gentleman, but we are not really
The Chair announces that he will va-
ment, was rejected.
going to do that and make this a purely
cate proceedings under the call when a
The CHAIRMAN. The question is on
environmental and strictly timber area
quorum of the committee appears. Mem-
the amendment offered by the gentleman
in the national forest.
bers will record their presence by elec-
from Michigan (Mr. DINGELL), as a sub-
So, this is the only alternative we
tronic device.
stitute for the amendment offered by the
have. to leave those areas out, and I
The call was taken by electronic de-
gentleman from Iowa (Mr. BLOUIN).
believe they should.
vice.
The question was taken; and on a di-
I think there are sufficient safeguards
QUORUM CALL VACATED
vision (demanded by Mr. HECHLER of
within the bill in every other section to
The CHAIRMAN. One hundred and
West Virginia) there were-ayes 12,
mandate and give guides for the judg-
one Members have appeared. A quorum
noes 35.
ment of the agencies, and if they follow
of the Committee of the Whole is pres-
So the amendment offered as a substi-
the guidelines already set, I see no
ent. Pursuant to the provisions of clause
tute for the amendment was rejected.
danger of destroying the resource.
2. rule XXIII, further proceedings under
The CHAIRMAN. The question is on
Mr. MELCHER. I wish the proposed
the call shall be considered as vacated.
the amendment offered by the gentleman
language in the gentleman's amend-
The Committee will resume its busi-
from Iowa (Mr. BLOUIN).
ment would clearly delineate what we
ness.
The question was taken; and on a di-
are attempting to do, but I am afraid
Mr. SYMMS. Mr. Chairman, I move
vision (demanded by Mr. BLOUIN) there
that simply stating that a national
to strike the last word.
were-ayes 20, noes 36.
forest used primarily for timber or rec-
(Mr. SYMMS asked and was given
RECORDED VOTE
reational purposes, would not be strip
permission to revise and extend his re-
mined is inadequate. There simply is
marks.)
Mr. BLOUIN. Mr. Chairman, I de-
not an adequate guideline for Congress
Mr. SYMMS. Mr. Chairman, I take this
mand a recorded vote.
to establish what national forests
time to ask the gentleman from Utah
A recorded vote was ordered.
would not be strip mined for coal.
(Mr. McKAY) whether he can explain to
The vote was taken by electronic de-
I am afraid, under the cirmumstances,
us just a little about what kind of land
vice, and there were-ayes 168, noes 248,
I will have to stick with the language in
it is we are talking about.
not voting 16, as follows:
the bill and oppose the amendment.
I have some information about one
[Roll No. 59]
The CHAIRMAN. The time of the
place in North Dakota that does not hap-
AYES-168
gentleman from Montana has expired.
pen to come under the national forest
Abzug
Coughlin
Hayes, Ind.
(On request of Mr. SEIBERLING and by
system, but which supports five COWB
Addabbo
Delaney
Hechier. W. Va.
unanimous consent Mr. MELCHER was al-
grazing over 5 million tons of coal, and I
Ambro
Dellums
Heckler, Mass.
Anderson,
Diggs
Heinz
lowed to proceed for 1 additional
was wondering whether the gentleman
Calif.
Dingell
Holtzman
minute.)
from Utah has some similar land that
Ashley
Dodd
Howard
Mr. SEIBERLING Mr. Chairman, will
might become available to mine or
Aspin
Downey
Hubbard
Badillo
Drinan
the gentleman yield?
whether he could give us that informa-
Hughes
Bafalis
du Pont
Jacobs
Mr. MELCHER. I yield to the gentle-
tion.
Baldus
Early
Johnson, Colo.
man from Ohio.
The land I refer to has five cows graz-
Baucus
Edgar
Karth
Mr. SEIBERLING. Mr. Chairman, I
ing over 5 million tons of coal. and we
Beard, RL
Edwards, Calif.
Keys
Bedell
Emery
Koch
would just like to clarify a point in the
are saying we cannot mine IL I wonder
Bennett
English
Krebs
amendment of the gentleman from Utah.
whether this is the same kind of land as
Biaggi
Evans, Ind.
Latta
I understand land in the Custer National
is the case down in Utah.
Biester
Fascell
Leggett
Blanchard
Findley
Lehman
Forest. which is in your State of Mon-
Mr. McKAY. If the gentleman will
Blouin
Fish
Levitas
tana, is used for both timber and for
yield, I would say that we might take
Bonker
Fisher
Lloyd, Callf.
grazing purposes, is that correct?
care of six or seven cows in that same
Brademas
Fithian
Long, Md.
Breckinridge
Florio
Mr. MELCHER. Custer National For-
McClory
area.
Brodhead
Ford. Mich.
McCloskey
est is administered under the multiple-
Mr. SYMMS. Does the gentleman
Brown, Calif.
Fraser
McDade
use concept. It is used for grazing. for
mean cows that must move from grass
Burke, Calif.
Frenzel
McHugh
Burke, Fla.
some timber production. for recreation;
Gaydos
clump to grass clump at 30 miles an hour
Macdonald
Burton, John
Gilman
Maguire
all the usual multiple uses.
to keep from starving to death?
Burton, Phillip
Green
Matsunage
Mr. SEIBERLING. The same land is
Mr. McKAY. I have some pictures
Carr
Gude
Metcalfe
Chisholm
Hall
used for both purposes in many areas,
showing the character of the land I am
Mezvinsky
Clay
Hannaford
Mikva
is that correct? In other words, there is
talking about, which really is mineable,
Cohen
Harkin
Miller. Callf.
timber on it, and also it is used for graz-
but at the present time it is not usable
Conte
Harrington
Miller, Ohio
ing land?
Conyers
Harris
for much of anything. In some of these
Mineta
Cornell
Hawkins
Minish
-1890
CONGRESSIONAL RECORD - HOUSE
March 18, 1975
Moakley
Reuss
Spence
Weaver
Wilson, Bob
Yatron
prescribed conditions, might well con-
Moffett
Richmond
Stanton,
White
Winn
Young, Alaska
Moorhead,
Riegle
James V.
Whitehurst
Wright
Young, Tex
tinue to serve useful purposes to land
Calif.
Rinaldo
Stark
Whitten
Wydler
Zablocki
owners after reclamation. In such limited
Mosher
Rodino
Steed
Wiggins
Wylie
circumstances, roads can be left as part
Moss
Roe
Stokes
Stratton
NOT VOTING-16
of the reclamation plan, but it is also
Mottl
Rogers
Murphy, III.
Rooney
Studds
Alexander
Michel
Wilson,
expected that this will be identified in
Myers, Pa.
Rosenthal
Symington
Cederberg
Mills
Charles H.,
the approved mining and reclamation
Natcher
Rostenkowski
Thompson
Collins, Ill.
Mitchell. Md.
Calif.
plan. The committee report contains a
Neal
Roush
Traxler
Esch
Risenhoover
Wilson,
Nedzi
Roybal
Tsongas
Goldwater
Skubits
Charles, Tex.
discussion of the role of coal access and
Nix
Russo
Van Deerlin
Hastings
Sullivan
haul roads-pages 117-118-includir
Nolan
Ryan
Vander Veen
Hébert
Waxman
the potential utility and performing en-
Oberstar
Sarbanes
Vanik
Ottinger
Scheuer
Vigorito
So the amendment was rejected.
vironmental protection functions by
Patterson. Calif.Schroeder
Whalen
The result of the vote was announced
breaking up drainage down long slopes
Pattison, N.Y.
Sharp
Wirth
as above recorded.
or perhaps serving as a barrier to keep
Perkins
Shipley
Wolff
Peyser
Simon
Yates
Mr. SEIBERLING. Mr. Chairman, I
spoil off outslopes. Specific standards in
Pike
Smith, Iowa
Young, Fla.
move to strike the last word for the pur-
the bill apply to access roads and these
Price
Solarz
Young, Ga.
pose of asking a question of the chair-
would have to be met.
Rangel
Spellman
Zeferetti
man of the subcommittee.
(Mr. UDALL asked and was given per-
NOES-248
Mr. Chairman, I would like to ask the
mission to revise and extend his re-
Abdnor
Foley
Meeds
chairman of the subcommittee, the dis-
marks.)
Adams
Ford, Tenn.
Melcher
Anderson, Ill.
Forsythe
Meyner
tinguished gentleman from Arizona (Mr.
Mr. STEIGER of Arizona. Mr. Chair-
Andrews, N.C.
Fountain
Milford
UDALL) to give us an explanation with re-
man, I move to strike the requisite num-
Andrews,
Frey
Mink
spect to paragraph 2 on page 264:
ber of words.
N. Dak.
Fulton
Mitchell, N.Y.
Annunzio
Fuqua
Mollohan
Complete backfilling with spoil material-
Mr. Chairman, I ask unanimous con-
Archer
Glaimo
Montgomery
sent that all debate on this section and
Armstrong
Gibbons
Moore
This relates to steep slopes—
all other sections and all other titles of
Ashbrook
Ginn
Moorhead, Pa.
shall be required to cover completely the
the bill end no later than 4:30 this after-
AuCoin
Gonzalez
Morgan
highwall and return the site to the approxi-
Barrett
Murphy, N.Y.
noon.
Goodling
mate original contour, which material will
Bauman
Gradison
Murtha
The CHAIRMAN. Is there objection to
Beard, Tenn.
Grassley
Myers. Ind.
maintain stability following mining and
Bell
Guyer
reclamation.
the request of the gentleman from Art-
Nichols
zona?
Bergland
Hagedorn
Nowak
Obey
I wonder If the chairman could ex-
Bevill
Haley
Mr. SEIBERLING. Mr. Chairman, I
Bingham
Hamilton
O'Brien
plain whether the words "approximate
object.
Boggs
Hammer-
O'Hara
original contour" mean that the operator
The CHAIRMAN. Objection is heard.
Boland
schmidt
O'Neill
Hanley
Passman
cannot take necessary steps to control
Bolling
Mr. STEIGER of Arizona. Mr. Chair-
Bowen
Hansen
Patman
drainage and erosion during reclama-
man, for that logical and reasonable ob-
Breaux
Harsha
Patten
tion?
jection, I will sit down.
Brinkley
Hays, Ohio
Pepper
Brooks
Hefner
Pickle
Mr. UDALL. Mr. Chairman, if the gen-
The CHAIRMAN. Are there further
Broomfield
Helstoski
Poage
tleman will yield, the answer is "No."
amendments to section 522?
Brewn, Mich.
Henderson
Pressler
"Approximate original contour" is a
Are there amendments to section 523?
Brown, Ohio
Hicks
Preyer
Broyhill
Hightower
Pritchard
general standard and as defined in the
AMENDMENT OFFERED BY MR. PICKLE
Buchanan
Hillis
Quie
act means that surface configuration
Mr. PICKLE. Mr. Chairman, I offer an
Burgener
Hinshaw
Quillen
"achieved by backfilling and grading of
Burke, Mass.
Holland
Railsback
amendment.
the mined area so that it closely resem-
Burleson, Tex.
Holt
Randall
The Clerk read as follows:
Burlison, Mo.
Horton
Rees
bles the surface configuration of land
Butler
Howe
Regula
prior to mining and blends into and com-
Amendment offered by Mr. PICKLE: Page
Byron
Hungate
Rhodes
297, after line 18, insert the following:
plements the drainage pattern of the sur-
Carney
Hutchinson
Roberts
"(f) Section 3(b) of the Mineral Leasing
Carter
Hyde
Robinson
rounding terrain."
Act for Acquired Lands (30 U.S.C. 352) shall
Casey
Ichord
Roncalio
After regrading to approximate origi-
not apply to deposits of soal (including lig-
Chappell
Jarman
Rose
Clancy
Jeffords
Rousselot
nal contour and reconstructing the basic
nite) from lands within the boundaries of
Clausen,
Jenrette
Runnels
drainage pattern in the regraded area,
Camp Swift National Guard Facility, Texas,
Don H.
Johnson, Calif.
Ruppe
one of the major problems facing the op-
which may be leased by the Secretary of the
Clawson, Del
Johnson, Pa.
St Germain
erator is the control of erosion during
Interier to a governmental entity (melud-
Cleveland
Jones, Ala.
Santini
Cochran
Jones, N.C.
Sarasin
the reestablishment of vegetation. Re-
ing any eorporation primarily acting as an
agency or instrumentality of a State) which
Collins, Tex.
Jones, Okla.
Satterfield
grading to approximate original contour
produces electrical energy for sale to the
Conable
Jones, Tenn.
Schneebeli
allows the surficial shaping of the re-
public, but only If the Secretary of Defense
Conlan
Jordan
Schulze
Corman
Kasten
Bebeltus
graded area to adequately control drain-
concurs in such leasing."
Cotter
Kastenmeier
Beiberling
age and erosion. Appropriate drainage
Crane
Kazen
Shriver
Mrs. MINK. Mr. Chairman, I make a
control measures involving the shaping
D'Amours
Kelly
Shuster
point of order against the amendment.
Kemp
Sikes
of the surface include, for instance, a
Daniel, Dan
Daniel, Robert
series of diversion ditches or ridges
Mr. PICKLE. Mr. Chairman, would the
Ketchum
Sisk
W., Jr.
Kindness
Black
across the final grade of slope, the use
gentlewoman reserve her point of order?
Daniels,
Krueger
Smith, Nebr.
of grass-lined waterways, gouging to re-
Mrs. MINK. I will reserve my point of
Dominick V.
LaFalce
Snyder
order.
Danielson
Lagomarsino
Staggers
tard surface runoff and increased infil-
Davis
Landrum
Stanton,
tration into the spoil, and similar meas-
(Mr. PICKLE asked and was given per-
de la Garza
Lent
J. William
ures which are in common use by the Soil
mission to revise and extend his re-
Dent
Litton
Steelman
marks.)
Derrick
Lloyd, Tenn.
Steiger, Ariz.
Conservation Service for the Environ-
Derwinski
Long, La.
mental Protection Agency. The general
Mr. PICKLE. Mr. Chairman, I want
Steiger, Wis.
Devine
Lott
Stephens
measures of siltation control and further
to take a little time in exploring a-per-
Dickinson
Lujan
Stuckey
Downing
Symms
discussed and expanded in the committee
plexing situation under our present min-
McCollister
Duncan, Oreg.
McCormack
Talcott
report-pages 105-106.
eral leasing laws.
Duncan, Tenn.
McDonald
Taylor, Mo.
Under our law, coal or lignite under
Mr. SEIBERLING. I would also like to
Eckhardt
McEwen
Taylor, N.C.
acquired Government property set aside
Edwards, Ala.
McFall
Teague
ask the Chairman if "approximate origi-
for military use cannot be leased. I have
Eilberg
McKay
Thone
nal contour" means that, subsequent to
Erlemborn
McKinney
Thornton
had people research this statute, passed
the backfilling of the highway, it would
Eshleman
Madden
Treen
in the 1920's, and there is no evidence
Evans, Colo.
Madigan
Udall
be permissible to run a haul road or ac-
whatsoever why this exception to leasing
Evins, Tenn.
Mahon
Ullman
cess road across the restored terrain.
was put into the law. But it was.
Fenwick
Mann
Vander Jagt
Mr. UDALL. Yes.
Flood
Martin
Waggonner
Since a desire to obtain coal or lignite,
Flowers
Mathis
Walsh
The committee recognizes that mining
that lies under acquired Federal prop-
Flynt
Mazzoli
Wampler
access and haul roads, under limited and
erty set aside for military purposes, has
March 18, 1975
CONGRESSIONAL RECORD HOUSE
1891
not been a factor in passing laws over
POINT OF ORDER
Mr. PICKLE. Mr. Chairman, I do not
the past 55 years, the Congress has al-
Mrs. MINK. Mr. Chairman, I insist on
know what the ruling of the Chair would
lowed this anomaly to continue. It ought
my point of order?
be, but I think the amendment is
to be changed.
The CHAIRMAN. The gentlewoman
germane.
In my congressional district, we have
from Hawaii will state her point of order.
Certainly, in the case the Chair would
collided head-on with the roadblock
Mrs. MINK. Mr. Chairman, I am
rule differently, I suggest we act on this
thrown up by 30 U.S.C. 352.
forced to make a point of order on this
matter with the greatest speed, because
Because Texas entered the Union as a
amendment because it seeks to amend
this material is needed by publicly owned
Republic, Texas retained title to all pub-
the Mineral Leasing Act which is not
utilities, and everybody is agreed it is
lic lands. Thus, any Federal land in
amended by either this section or by any
held up because of the old 1920 statute.
Texas is "acquired property."
other section of the bill that we have un-
Certainly time is of the essence.
During World War II, an Army base
der consideration.
Mrs. MINK. Mr. Chairman, I assure
was established south of Austin, near
The particular section which this
the gentleman that this matter will be
Bastrop, Tex. This base, called Camp
amendment seeks to amend has to do
considered at the appropriate time, when
Swift, is still owned by the Department
with a provision which sets up the pro-
we take up the minerals leasing bill.
of Defense even though only the Texas
cedures by which the Federal Govern-
The CHAIRMAN. Does the gentleman
National Guard and some Reserve units.
ment establishes a reclamation and min-
from Texas (Mr. PICKLE) wish to be
use the property.
ing plan with respect to its Federal lands,
heard further on the gentlewoman's
In the early 1900's, throughout this
It has to do with the establishment of
point of order?
region, lignite was mined. Texas oil and
standards and methods of extracting the
Mr. PICKLE Mr. Chairman, in view
gas soon snuffed out interest in lignite.
coal and relates to the provisions that
of our colloquy, I do not believe I will
Today, however, the utilities of central
constitute requirements for such re-
proceed with this matter any further.
Texas need to convert their generators
moval.
The CHAIRMAN. Does the gentleman
from natural gas and oil to energy sources
This amendment which the gentleman
request unanimous consent to withdraw
like coal or lignite. These utilities are not
from Texas has offered to do with the
his amendment?
investor owned but publicly owned utili-
amendment of another statute entirely
Mr. PICKLE. Mr. Chairman, I ask
ties. They are the utilities owned and run
separate from the pending bill and seeks
unanimous consent to withdraw my
by the city of Austin and the Lower Colo-
to single out one particular piece of prop-
amendment, since I have had the assur-
rado River Authority, a State agency.
erty located in the State of Texas, to
ance by the gentlewoman that the com-
Already these two government agencies
render it exempt from the provisions of
mittee is in the final stages of the markup
are constructing a new coal-fired plant.
the Mineral Leasing Act.
of the other bill and will give first con-
To fire this plant, Austin and the LCRA
So for the purposes of this bill, my
sideration and top priority to that
have contracted for coal from Montana.
point of order goes to the point that it
matter.
Considering transportation costs, and
is not germane and it amends a bill that
The CHAIRMAN. Is there objection to
the unreliability of moving coal from
is not a pending matter.
the request of the gentleman from
Montana to Texas, everyone agrees that
Mr. PICKLE. Mr. Chairman, will the
Texas?
using Texas lignite would be a better
gentlewoman yield?
Mrs. MINK. Yes, I yield to the gen-
There was no objection.
course of action.
The Texas National Guard has agreed
tleman from Texas.
AMENDMENT OFFERED BY MR. WIRTH
to a mining plan drawn up by the Becthol
Mr. PICKLE. Mr. Chairman, would
Mr. WIRTH. Mr. Chairman, I offer an
Power Corp., which was hired by the
the gentlewoman not agree in principle
amendment to section 522.
LCRA to study the Camp Swift lignite.
that since the Defense Department, the
The Clerk read as follows:
The plan calls for piecemeal mining and
appropriate part of the Federal Govern-
Amendment offered by Mr. WIRTH: Page
the latest in land reclamation techniques.
ment, which owns title to the land, is
294, line 13, insert after the word "lands" the
Such a technique would not interfere
agreeable to the mining of the lignite
following: "which adversely affect or are
with the Guard's use.
for the use of a publicly owned utility,
located".
The LCRA and city of Austin are ready
that ought to be taken into account?
Mr. WIRTH. Mr. Chairman, the pur-
to take steps to mine the lignite.
Mrs. MINK. Yes, Mr. Chairman, I will
pose of this amendment is very simple.
But alas, no one can let the lignite go
agree with the gentleman as to the sub-
It assures that any strip mining which
because of a 1920 statute.
stance of his amendment. I wish only to
might occur next to National Park Sys-
Central Texas utility bills have tripled
suggest that there is a bill pending be-
tems, the National System of Trails, the
and quadrupled because of the rising
fore my subcommittee which seeks to
National Wilderness Preservation Bys-
costs of natural gas and fuel oil.
go into this entire matter of coal leas-
tem, and the Wild and Scenic Rivers and
Over 2 million citizens need the help of
ing, and it would be more appropriate
National Recreation Systems, meaning
Congress in getting this lignite.
for the amendment to be considered in
strip mining which may occur next to
Mr. Chairman, the amendment I have
the consideration of that bill.
those particular national preserves, will
offered is as follows:
Mr. PICKLE. Mr. Chairman, will the
not be allowed to occur if it is going to
Section 3(b) of the Mineral Leasing Act for
gentlewoman tell me what action there
have an adverse impact.
Acquired Lands (30 U.S.C. 352) shall not
has been on that bill?
For example, in my part of the country
apply to deposits of coal (including lignite)
Mrs. MINK. We have had hearings on
it is very possible that we might have
from lands within the boundaries of Camp
that same bill last year. It was up for
strip mining occur next to a national for-
Swift, National Guard facility. Texas, which
markup last December, but we could not
est and have the activities of that strip
may be leased by the Secretary of the Interior
complete our business. It is now the im-
mining affect wildlife and game and cause
to a governmental entity (including any cor-
poration primarily acting as an agency or
mediately pending business of the sub-
various kinds of eresion.
instrumentality of a State) which produces
committee as soon as this strip mining
It seems to me this amendment is par-
electrical energy for sale to the public, but
bill has been completed.
ticularly in the spirit of the bill which
only if the Secretary of Defense concurs in
Mr. PICKLE. Mr. Chairman, If the
has been managed so ably by the gentle-
such leasing.
gentlewoman will yield further, the
man from Arizona (Mr. UDALL).
This amendment was narrowly drawn
gentlewoman makes reference to the
Mr. Chairman, I urge adoption of my
just to take care of Camp Swift.
Minerals Leasing Act which was previ-
amendment.
The gentleman from Arizona, and the
ously considered. Is that the same
Mr. UDALL. Mr. Chairman, will the
gentlewoman from Hawaii, have sug-
measure that did pass the other body
gentleman yield?
gested that my amendment would more
last year?
Mr. WIRTH. I yield to the gentleman
properly be in legislation reforming the
Mrs. MINK. The gentleman is correct.
from Arizona.
mineral leasing policy instead of this
Mr. PICKLE. And the time just ran
Mr. UDALL. Mr. Chairman, this is the
strip-mining bill.
out, and that is the reason we did not
one part of the Dingell amendment which
May I ask the Committee when such
get to the consideration of that bill?
was acceptable to me. It has nothing to
legislation will be considered?
Mrs. MINK. The gentleman is correct.
do with the national forests.
1892
CONGRESSIONAL RECORD - HOUSE
March 18, 1975
It simply says that if one is strip min-
Mr. UDALL. Mr. Chairman, we have
by making it impossible for adjacent strip
ing on lands adjacent to a national park
to go to conference on this. If there is any
mining to adversely affect these areas.
and it would adversely affect that na-
difficulty with the language, we can iron
Mr. RUPPE. How does one adversely
tional park, it would not be permitted.
it out.
affect? He may have to pass the mined
I think that is in the spirit of what we
Mr. WIRTH. The gentleman from Ari-
areas. He may have to look at it. How
are trying to do, as the gentleman said.
zona (Mr. STEIGER) is concerned about
do we get down to "adversely affect"?
Mr. Chairman, I do not think this
it, is he not?
Will that not, in almost every instance,
amendment makes any great change,
Mr. STEIGER of Arizona. The way it
be a court determination, and should
and, in fact. I believe it strengthens the
reads, there is going to be a lot of nti-
that provision in this legislation lead to
bill.
gation.
endless lawsuits and legal harassmen.
Mr. STEIGER of Arizona. Mr. Chair-
Mr. WIRTH. I do not think there is
Mr. HECHLER of West Virginia. I
man, will the gentleman yield?
any problem of litigation if the gentle-
would say to the gentleman from Michi-
Mr. WIRTH. I yield to the gentleman
man reads the record.
gan that he is really splitting hairs if
from Arizona.
Mr. BLOUIN. Mr. Chairman, will the
he says he wants to protect these areas
Mr. STEIGER of Arizona. Mr. Chair-
gentleman yield?
and then does not want to protect them
man, I understand what the gentleman
Mr. WIRTH. I yield to the gentleman
from being adversely affected. That is a
is attempting to do, but I will just point
from Iowa.
very silly distinction which is meaning-
out that as this amendment is written,
Mr. BLOUIN. As the sentence starts
less.
it may be subject to misinterpretation
out, it talks about strip mining and not
Mr. RUPPE. We do protect the areas.
of existing rights. It would say that no
whether it is a surface mining operation.
We protect the national forest lands. We
surface coal mining operations shall be
I do not know how it could be any
protect all of the other areas outlined.
permitted "on any lands which adversely
clearer.
But to say to an individual, "You cannot
affect."
Mr. WIRTH. Those are my sentiments
mine on your property because in some
By the simple sentence structure—
exactly.
way it might adversely affect the utiliza-
and I do not mean to be nitpicking—
Mr. RUPPE. Mr. Chairman, I move to
tion of these Government lands," it seems
what the gentleman is saying in the
strike the last word.
to me would be a taking and an out-
amendment is that the lands themselves
Mr. Chairman, during the markup of
rageous invasion of private rights.
adversely affect the image of the Na-
this legislation we made some very
Mr. HAYES of Indiana. Mr. Chairman,
tional Park System. I think what the
definite determinations as to where min-
will the gentleman yield?
gentleman means to say is: "If the min-
ing would be permitted and where that
Mr. RUPPE. I yield to the gentleman
ing activity would adversely affect the
mining would not be permitted. We did
from Indiana.
following systems."
preclude mining within the boundaries
Mr. HAYES of Indiana. Mr. Chairman,
I would just point out to the gentle-
of the units of the national park sys-
I might say, in terms of the question the
man that if he will read the language
tem and other specified units of Govern-
gentleman asked about endless lawsuits,
as he has offered it, it now reads "on
ment-owned land.
that in 1966 this body passed the His-
any lands which adversely affect or are
However, we are expanding that prohi-
toric Preservation Act, and the language
located within the boundaries of units
bition very severely, very sharply, when
there states that the President's Advisory
of the National Park System," et cetera.
we say one cannot mine on privately
Council, for example, on historic preser-
Mr. WIRTH. No, it reads, "shall be
owned land that might or, in fact, does
vation, shall make a report to the agency
permitted-which adversely affect."
adversely affect these units of public
on whether or not there is an adverse
Mr. STEIGER of Arizona. I am sorry.
ownership. When we say "adversely
effect.
I realize that that is the gentleman's in-
affect," we are right back in court.
The Federal Register sets out four
tention, but that is not the way it reads.
Any individual who wants to mine in
points of view on how to determine ad-
If the gentleman wants to leave it like
the general vicinity or near any units
verse effect, and that includes things
that that is fine since he obviously has
outlined on page 294 is subject to suit,
that are specifically detracting from the
the votes, but does that means that the
litigation, and harassment on the
history of the unit that you are trying
genlteman wishes to leave an inaccu-
grounds that that mining might in some
to protect. These do exist in the National
rately constructed sentence in there,
way adversely affect the utilization of
Register, and they can transpose these
simple because he has the votes?
these Government lands.
over. The gentleman will also find that
Mr. WIRTH. I think I know exactly
When we say "adversely affect," it
there are two lawsuits on this viewpoint
what it means, and the gentleman knows
since 1966.
what it means.
seems to me that we are developing very
much a judgmental view. As a result, the
I think very clearly that the intent of
Mr. STEIGER of Arizona. Does the
final determination of "adversely affect"
this legislation through the record that
gentleman mean that the lands adversely
will in almost every instance wind up
has been made does exist, and therefore
affect the National Park System?
I do not think the gentleman should fear
Mr. WIRTH. No, strip mining which
in court. As I recall, the individuals who
adversely affects.
marked up that bill were of a. very firm
endless litigation. In fact, all we are do-
Mr. STEIGER of Arizona. The gen-
mind as to where mining should and
ing is protecting the national assets, such
tleman is not reading the whole sen-
should not be permitted. To say that we
as our park assets, from the encroach-
tence. Read the whole sentence as you
will not permit mining now on any pri-
ment of strip mining that we know about,
vate land that might in some way ad-
and it probably will not affect a very
have amended it. I ask the gentleman
large portion of it at all.
to read it to himself.
versely affect any of these units outlined,
it seems to me, goes far beyond what we
Mr. RUPPE. Is the gentleman saying
Mr. UDALL. Mr. Chairman, will the
intended in the committee.
that those same standards would be ap-
gentleman yield to me?
plied, all the four standards?
Mr. WIRTH. I yield to the gentleman
Beyond that, it is an invasion of pri-
Mr. HAYES of Indiana. Yes. I think
from Arizona (Mr. UDALL).
vate rights.
the same as it is with the history of other
Mr. UDALL. Mr. Chairman, I think it
Mr. HECHLER of West Virginia. Mr.
agencies, in setting forth those stand-
is very clear as to what the gentleman
Chairman, will the gentleman yield?
ards, the Department of the Interior
intends. If there is a problem, we would
Mr. RUPPE. I yield to the gentleman
would handle It in that way, I think we
like to have the legislative history clear.
from West Virginia (Mr. HECHLER).
can assume they would also deal with
The gentleman is talking about mining
Mr. HECHLER of West Virginia. Is
this in the very same way. It makes ad-
operations which adversely affect and not
that not what the committee is trying to
ministrative law sense to do it in that
the existence of the lands which ad-
protect, to protect the National Park Sys-
fashion. I believe that any accord will
versely affect. It is the mining operations,
tem, the National Wildlife Refuges Sys-
require that the standard be applied in
is it not?
tem, the National Wilderness Preserva-
the very same manner it has been.
Mr. WIRTH. Mining, strip mining,
tion System and so forth? All this does
Mr. RUPPE. In other words, the gen-
which adversely affects the operations.
is say that when strip mining adversely
tleman believes we can leave it up to
Is that difficult to understand, I ask
affects these areas that we are trying to
the Department of the Interior to set it
the gentleman from Arizona (Mr.
protect. All this amendment does is to
up.
STEIGER) ?
underline the protection of these areas
Mr. HAYES of Indiana. I believe that
March 18, 1975
CONGRESSIONAL RECORD HOUSE
1893
that kind of a delegation is a meaningful
proceedings under the call shall be con-
herent in this bill are too onerous for an-
delegation of authority. We certainly
sidered as vacated.
thracite, then I submit they are far too
cannot expect that we will burden the
The Committee will resume its busi-
onerous for the rest of the country, be-
record by setting forth all of the rules
ness.
cause the only difference between an-
and regulations, we have never done SO.
The gentleman from Arizona is recog-
thracite and bituminous or lignite is
We could, of course, for some purposes,
nized for 5 minutes.
that anthracite is represented by the
but 1 think in large measure this makes
(Mr. STEIGER of Arizona asked and
gentleman from Pennsylvania (Mr.
good legal sense to allow them to go
was given permission to revise and ex-
FLOOD).
ahead. These things would certainly be
tend his remarks.)
Now, the Senate knocked this exemp-
open to review.
Mr. STEIGER of Arizona. Mr. Chair-
tion out without a whisper of complaint.
The CHAIRMAN. The time of the gen-
man and fellow protectors of the fragile
not one syllable, because they knew it
tleman has expired.
ecology. I want to call to the attention
was indefensible. We have some figures
(On request of Mr. FLOWERS, and by
of the Members page 305 of the bill. On
here that demonstrate that this bill will
unanimous consent, Mr. RUPPE was al-
page 305 of this bill there is a fairly re-
add to the cost of the average electrical
lowed to proceed for 1 additional min-
markable section, section 529.
utility bill at the rate of some 11½ per-
ute.)
In my relatively brief sojourn here in
cent before we compute the loss of pro-
Mr. FLOWERS. Mr. Chairman, will the
the House I have seen a great many leg-
duction. That, say the anthracite people,
gentleman yield?
islative feats of legerdemain, but this is
is why anthracite should be exempted.
Mr. RUPPE. I yield to the gentleman.
one of the best ones.
because 45 percent of the folks in that
Mr. FLOWERS. Mr. Chairman, I think
Section 529 rather remarkably ex-
area burn the coal that is mined in that
the gentleman has made a good point.
empts anthracite from the provisions of
area in both their homes and that pro-
If the spirit of this legislation is to insure
this bill. There are other exemptions in
duce electrical energy.
that there will be no adverse effects from
this bill for other particular situations.
I submit that that same increase ap-
the strip mining or surface mining, and
There are exemptions for particular spe-
plies to all the coal across the country.
this seems to be what we are trying to do
cific mining operations. There are ex-
I sympathize with the good folks in
here, it is not necessary to seek to do
emptions for some geographic areas. All
Pennsylvania who do not want to bear
this by the offering of an amendment
of these exemptions came about in the
the additional unnecessary burden, who
such as this, If it is redundant. At least
full light of day in the committee opera-
do not want to have their electric bills
the gentleman makes a good point, and
tion after, of course, much heated dis-
increase to a point they cannot afford,
I agree that the amendment is not nec-
cussion and much heated explanation.
who do not want surface mines shut
essary if it is redundant, if it goes beyond
That is what makes the anthracite ex-
down so they lose jobs. I agree with that,
and does attempt to further restrict this.
emption so remarkable, because It was
but I have to confess that If it is too bur-
I question why the committee did not
apparently conceived in the dark of night
densome, if the burdens of this bill are
bring this to the House in the bill.
somewhere. It was clearly arrived at as
too much for anthracite, then they are
Mr. RUPPE. I thank the gentleman for
a quid pro quo for the support of the
too burdensome for the entire country.
his remarks. I simply wish to reiterate
Pennsylvania delegation-which is not
The CHAIRMAN. The time of the
that I believe it will lead to endless liti-
unheard of in these Halls-but the fact
gentleman from Arizona has expired.
gation, and the delay will be, I think,
is that it owes its presence to no logic and
(At the request of Mr. SYMMS and by
extensive.
no reason other than the muscle of the
unanimous consent, Mr. STEIGER of
Mr. FLOWERS. I think the gentle-
corporation involved and the union
Arizona was allowed to proceed for an
man's concerns are justified.
involved.
additional 4 minutes.)
The CHAIRMAN. The question is on
Anthracite as a surface-mined product
Mr. STEIGER of Arizona. Mr. Chair-
the amendment offered by the gentle-
of the earth is very limited in amount. In
man, this really is a very, very basic con-
man from Colorado (Mr. WIRTH).
fact, there is something like 600,000 tons
frontation here that we have. It is a basic
The question was taken: and on a
of anthracite mined on an annual basis
confrontation, not only between logic,
division (demanded by Mr. WIRTH)
from surface-mined operations, possibly
reason and reality, and the legislative
there were-ayes 24, noes 25.
650,000 tons. Some 550,000 to 600,000 of
process, which is a frequent one, but this
Mr. WIRTH. Mr. Chairman, I demand
these tons of anthracite are mined on
is a confrontation between the political
a recorded vote.
three properties in Pennsylvania, and
muscle of a single company, Bethlehem
A recorded vote was refused.
those three properties are owned by the
Steel, a single union, the United Mine
So the amendment was rejected.
Bethlehem Steel Co. These properties
Workers, and their ability to convince
Are there further amendments?
were not acquired by the Bethlehem
a sufficient number of their constituency
AMENDMENT OFFERED BY MR. STEIGER OF
Steel Co. until 2 or 3 days following the
that is a justifiable part of the bill, when
ARIZONA
inclusion of this exemption in the con-
indeed, it is not. There is simply no de-
Mr. STEIGER of Arizona. Mr. Chair-
ference committee report between the
fense of this section in logic or reason.
man, I offer an amendment.
House and the Senate in their production
It occurs to me that even absent the
The Clerk read as follows:
of their version of this bill.
entire Pennsylvania delegation's support
Amendment offered by Mr. STEIGER of
There was not 1 minute of discussion
for this bill, it is still going to pass; so
Arizona: Strike all of section 529, consist-
heard in a committee on either the House
there is no need to embarrass the House
ing of lines 1 through 24, and lines 1 through
side or the Senate side, and there was
with the burden of trying to justify this
3 on page 306,
not 1 minute's discussion on the floor.
section.
Mr. SYMMS. Mr. Chairman, I make
The fact is that the first explanation
My friends, the logic is irrefutable,
the point of order that a quorum is not
as to why this exemption is in the bill
that if, indeed, the bill is too onerous
present.
came in a letter from our very able col-
for anthracite, it is, indeed, too onerous
The CHAIRMAN. The Chair will
league, the gentleman whose sartorial
for the rest of the country. I happen to
count. Ninety-one Members are present,
splendor is matched only by the keen-
believe that it is too onerous for the
not a quorum.
ness of his wit, the gentleman from
rest of the country, but the fact is that
The Chair announces that he will va-
Pennsylvania (Mr. FLOOD), who advised
I have been unable to convince the
cate proceedings under the call when a
us in a "dear colleague" letter last week
House that it is too onerous for the rest
quorum of the Committee appears.
that this exemption came to be as a re-
of the country. I am sure that anthra-
Members will record their presence
sult of the unique geological and geo-
cite is going to be exempt by the rest of
by electronic device.
graphical qualities of anthracite.
this bill and they have said the rest of the
The call was taken by electronic
While I submit that those unique geo-
country must endure this.
device.
logic and geographic results are none
Those political muscular folks who
QUORUM CALL VACATED
other than the gentleman from Penn-
have been able to justify this language
The CHAIRMAN. One hundred Mem-
sylvania (Mr. FLOOD) himself, because
in the bill here also in terms of the Beth-
bers have appeared. A quorum of the
the rest of the country is not repre-
lehem Steel Co., the only ones to go to
Committee of the Whole is present. Pur-
sented so ably, apparently. If, indeed, the
the President, the only company to go to
suant to rule XXIII, clause 2, further
protections and regulations that are in-
the President, asked that he not veto the
H 1894
CONGRESSIONAL RECORD HOUSE
March 18, 1975
last bill. I am sure if this provision is in
is of an entirely different character than
gion but I had its problems in the State
this time again, they will also continue
bituminous coal. It is something so far
legislature for a great part of my life-
that urging.
apart from bituminous that perhaps it
time, and I know it, I think, as well as
I will tell this House that the presence
ought not to be known as coal. It is a
most men and women who lived in the
of this language in the bill ought to be an
mineral completely different from coal as
anthracite region.
embarrassment to the whole House and
we know coal to be.
In this community of ours, the Con-
it should be very difficult to embarrass
What are we talking about? We are
gress of the United States, there are 18 or
this House.
talking about an area that was devastat-
20 Members who grew up and were born
Mr. DENT. Mr. Chairman, I rise in op-
ed long before most of the Members of
in the anthracite region, and they left
position to the amendment.
this Congress were born, and we have
there. We have a Member from New Jer-
(Mr. DENT asked and was given per-
been able, through the laws of the State
sey who grew up in that anthracite re-
mission to revise and extend his re-
of Pennsylvania on reclamation and mine
gion and could not make a living there
marks.)
stripping, to put together the money from
and moved to New Jersey. We have two
Mr. DENT. Mr. Chairman, I hardly
the bituminous fields and in a different
or three from Pennsylvania. We have
qualify as one of those robust fellows at
piece of legislation altogether for an-
many Members of this Congress who, in
this point, but I do not stand here with
thracite, which was completely ignored
their early youth, or later, when they
any sense of guilt or that I am in anyway
until this committee realized its respon-
finished high school, had to move be-
doing anything that I would not be proud
sibility to this area and exempted it from
cause there was no opportunity there.
to do on the basis of the facts and the
the anthracite.
Considering 10 cents a ton you get
logic.
What are we exempting? We are ex-
from deep mining and considering the
Back when we were in our heyday in
empting from this bill the absolute posi-
entire amount you get from strip min-
the six counties in Pennsylvania that
tive death of the little economy that we
ing, we have to strip 350 to 400 feet deep
produce anthracite coal, we were produc-
have left in that area today in coal. It
in layers, the same as you do for iron
ing at that time 145 million tons of coal
is without doubt the most magnificent
ore, to come out with 61½ or 7 feet of
a year. Outside of the six anthracite
fuel. It is almost 100 percent carbon.
coal.
counties in Pennsylvania, there is only
The CHAIRMAN. The time of the gen-
I have visited strip mines out West
one area in the world that has true
tleman has expired.
that had 75 feet of overburden and 75
anthracite, and it is about 75 percent of
(At the request of Mr. OTTINGER, and
feet of coal. Can we compare the two?
the purity of our anthracite.
by unanimous consent, Mr. DENT, was
We cannot.
Because of the shipment of oil to the
allowed to proceed for 4 additional min-
But let us not kill this region for this
United States and using bunker oil as a
utes.)
reason. If we count all stripped coal-
ballast, there was a strike in 1926. The
Mr. DENT. I thank the gentleman.
and it is not all stripped coal-the entire
oil people realized somehow that they
Its only other use we have been able
amount that we collect would be $600,000,
could use this bunker oil as a fuel. So,
to find for it-and that is a very minute
and we are spending more than that out
that strike destroyed the anthracite area
amount of coal-is for the purification
of what they are doing up there now
of Pennsylvania.
of water. In its original state, It is one
to rehabilitate the old gob piles and cor-
It is the longest history in personal
of the greatest purifiers of water there is
recting all of the damage that has been
depression, community depression, in the
in the country. But one cannot make a
done long before this generation had
entire United States of America. It
living in this region. It is a very high-
anything to do with it.
moved to a point where something like
cost operation. I do not have the time to
Mr. Chairman, I beg of the Members
70 percent of the men in the area were
explain, but I will give the Members just
to give consideration to a community
doing the housework and tending to the
a little 30-second, rapid difference of
that needs it from this Congress.
homes and the women were out working
what bituminous coal is and what an-
The CHAIRMAN. The time of the gen-
in a group of small, little hosiery mills
thracite coal is.
tleman from Pennsylvania (Mr. DENT)
and some shirt factories that were
Bituminous coal is a coal that develops
has expired.
brought in by community action.
in the earth on a horizontal plane. It
(On request of Mr. SEIBERLING and by
The production in that area today is
will have a slope to it of a few degrees,
unanimous consent, Mr. DENT was all-
sufficient for 3,000 miners, who
and sometimes it will go the other direc-
lowed to proceed for 1 additional
are carrying on their backs 15,000 re-
tion, downhill, but very few degrees. In
minute.)
tired anthracite miners receiving $30 a
the anthracite it is a vertical slope.
Mr. SEIBERLING. Mr. Chairman, will
month. Added to their social security and
The city of Scranton, Pa., had a 90-
the gentleman yield?
something from the welfare fund of the
foot thick vein of coal, 90 feet at the
Mr. DENT. I yield to the gentleman
United Mineworkers, this group has
surface, and down 4,000-some hundred
from Ohio.
stayed away from public welfare as a
feet, up straight, absolutely vertical, and
Mr. SEIBERLING. Mr. Chairman, may
matter of pride, and not because they
then it went on a slight horizontal plane
I ask the gentlement this: Is it not true
did not have the need.
and came up the other side of the city
that Pennsylvania is the only State in
In determining the basis of participa-
of Scranton.
the Union where anthracite coal is being
tion in the pension reform legislation, the
It is a different coal. You go down and
mined?
magnificant gesture by the multiemploy-
you pick it out. You set a small gage walk
Mr. DENT. The gentleman is correct.
ers and the multiemployer unions de-
along the way, and you pick the coal
Pennsylvania is the only State in the
cided to vote their funds that they are
down. It does not lend itself to the mod-
Union that has any.
contributing 6 months ahead of the time
ern machinery, because of the nature.
Mr. SEIBERLING. So that there is no
that they participate in the pension
You could not stand a cavern 4,000 feet
necessity for a national strip mining bill
fund's trust fund to make it possible for
deep, 90 feet wide, without creating the
with respect to anthracite coal, because
the anthracite miners' trust fund to come
greatest hazard and without creating
it is all within Pennsylvania and Penn-
under the trust fund at the same time as
the greatest blemish on the Earth as you
sylvania is handling it with its existing
the single employers did.
have ever seen in your life.
legislation.
This has been a region of personal and
They managed to eke out & living, &
Mr. DENT. Mr. Chairman, the mining
community sacrifice since 1926. I served
very bad living, but they eked it out. It
is so different that we in Pennsylvania
for 22½ years in the State Senate, and
is the only community in the entire State
had to have a separate law for mining,
as a floor leader for 18½ years. I went
of Pennsylvania which had to pass an
a separate law for inspection, and a sep-
through the battles of the bootleggers; I
exceptional, extraordinary educational
arate law for the mine dust levels that we
went through the battles where there
piece of legislation where taxes were
created, as contrasted to the mining of
was not one legitimate coal operation in
taken from the rest of the State to keep
bituminous coal.
the entire anthracite region, and bands of
the schools open.
Mr. STEIGER of Arizona. Mr. Chair-
former miners would go out into the coal
Now you say to me that this is uncon-
man, will the gentleman
properties and dig a rathole, and many
scionable, that we should even have this
Mr. DENT. I yield to the gentleman
of them died trying to eke out a living.
legislative enactment containing this
from Arizona.
They even confiscated collieries so that
exemption.
Mr. STEIGER of Arizona. Mr. Chair-
they could break down the coal, which
I do not come from the anthracite re-
man, I thank the gentleman for yielding.
March 18, 1975
CONGRESSIONAL RECORD
1895
I ruther like the line of questioning by
Mr. DENT. No, the gentleman is
We also exempted Alaska on the same
the gentleman from Ohio (Mr.
wrong. We are-saying that if Pennsyl-
or similar grounds, but perhaps based
SEIBERLING).
vania does not enforce its law, then it
more on the fact that we did not really
I would like to ask this question: Is
becomes the duty of the Federal Govern-
understand the geology of that State,
there any bituminous surface mining in
ment to enforce the State law.
and there were many problems that
Pennsylvania?
How much further could we go?
could not be anticipated. Therefore,
Mr. DENT. There certainly is.
Mr. STEIGER of Arizona. Let us do
rather than imposing these standards on
Mr. STEIGER of Arizona. Mr. Chair-
that nationally, then.
Alaska, we went along and said, "All
man, in view of the excellence of the
Does the gentleman recommend that
right; let us go for the study." We de-
Pennsylvania law and in view of the
we do that nationally with all coal?
cided that after this study we would then
position of the gentleman from Ohio on
Mr. DENT. Mr. Chairman, if States
decide what indeed the performance
anthracite, it would seem more logical
have laws that meet the maximum re-
standards should be.
that we also exempt the Pennsylvania
quirements and go beyond the Federal
In the case of anthracite, we were sim-
bituminous surface mines.
laws, I think those States will apply their
ply dealing with the long history of min-
Mr. DENT. May I make this suggestion
laws, because they already meet national
ing in Pennsylvania, that these areas
to the gentleman-
standards.
have been mined before and are situated
Mr. STEIGER of Arizona. I welcome
Mr. STEIGER of Arizona. Mr. Chair-
in narrowly limited areas of Pennsyl-
any suggestion.
man, I thank the gentleman for his sup-
vania, that they have unique problems,
Mr. DENT. The Pennsylvania law is a
port of my position.
not only geographic in nature, but also
good one: is that right?
Mr. SEIBERLING. Mr. Chairman, will
because of drainage resulting from the
Mr. STEIGER of Arizona. That is
the gentleman yield?
great bulk of these deposits occurring in
correct.
Mr. DENT. I yield to the gentleman
the river basins of the Susquehanna and
Mr. DENT. Mr. Chairman, I might
from Ohio.
Lackawanna Rivers.
suggest that this House in its wisdom
Mr. SEIBERLING. Mr. Chairman, the
Therefore, Mr. Chairman, it seems to
could adopt the Pennsylvania bill in its
point raised by the gentleman from Ari-
me that instead of again sitting down
entirety. After 19 years of hit and miss
zona really gets to the heart of this bill.
and writing an entirely new section
to get legislation, which I first introduced
If every State had laws comparable to
which would be called "Anthracite-Mi
that many years ago, we finally got a
those of Pennsylvania, there would not
ing," and attempting to rewrite the
good law. If we could adopt that law, we
be any need for this legislation.
standards we knew were in existence in
would not be in the tangle we are in
But if Pennsylvania is going to do a
Pennsylvania, we very carefully allowed
now.
good job of controlling strip mining and
the exemption only with respect to in-
But we did not have the problem that
some other States are not, then the Penn-
terim standards and performance stand-
this committee had. We did not have the
sylvania mines are put in an unfair com-
ards and said that these would be the
problem of interference in other matters
petitive disadvantage by the fact that
standards in existence at the time of the
supervised by other departments of
other States are not imposing similar re-
writing of this bill.
Government.
quirements on their strip mine opera-
We also provided that if the legislature
Mr. Chairman, I will say to the mem-
tions. That is why we need minimum
amended the State law, this section
bers of this committee that I have fought
Federal standards which all States must
would be rendered null and void, because
all along the line for this, and I believe
meet, but may exceed.
we wanted to limit it strictly to what
we have come out with a Solomon-wise
Mr. DENT. Mr. Chairman, I think the
we knew existed at the time we wrote
proposal that we ought to buy.
gentleman is right.
this exemption.
The CHAIRMAN. The time of the
Mrs. MINK. Mr. Chairman, I rise in
All of the sections of the bill with re-
gentleman from Pennsylvania (Mr.
opposition to the amendment.
spect to citizen suits, with regard to the
DENT) has expired.
I do so in order to clarify a number
enforcement of the statutes of Pennsyl-
(On request of Mr. STEIGER of Arizona
of points which I believe have been mis-
vania are carefully retained under this
and by unanimous consent, Mr. DENT was
represented by the sponsor of this
legislation. It seems to us that this was
allowed to proceed for 1 additional min-
amendment.
a reasonable approach. It was never in
ute.)
The gentleman would have us believe
the minds of any who helped to write
Mr. STEIGER of Arizona. Mr. Chair-
that in the consideration of this legisla-
this bill, particularly myself as the chief
man, will the gentleman yield?
tion the committee gave no particular at-
author of this section, that our views
Mr. DENT. I yield to the gentleman
tention to special problems that exist
were affected one iota by the sale of any
from Arizona.
with respect to coal mining in other parts
property in Pennsylvania. If the Mem-
Mr. STEIGER of Arizona. Mr. Chair-
of the country, and that, for some rea-
bers will look at the record, they will
man, I will ask the gentleman this: Does
son, we put on our blinders and paid
see that the negotiations for this so-
the Pennsylvania law exempt anthracite
special heed only to the particular prob-
called sale began in 1972 and which Inci-
from its provisions?
lems in the anthracite region in Penn-
dentally only covers a very small frac-
Mr. DENT. It certainly does. They have
sylvania.
tion of the total anthracite mines in
their own law, which has nothing to do
As a matter of fact, if the Members
Pennsylvania. The enactment of the ex-
with the bituminous coal law.
would look at the bill, they will see that
emption in this provision had nothing
Mr. STEIGER of Arizona. Pennsyl-
the immediately preceding section to the
whatsoever to do with the culmination
vania has no law which deals with an-
one we have under consideration, section
of these transactions by Bethlehem
thracite reclamation?
527, is entitled "Special Bituminous Coal
Steel. Anthracite furthermore is only
Mr. DENT. Yes, because it is the only
Mines."
about 5 percent of the total coal produc-
State that knows how to handle it. We
This particular section sets forth spe-
tion of the State of Pennsylvania.
would be glad to tie the Pennsylvania
cial performance standards, special ex-
All other coal mining activities in
law into the Federal law, because it
emptions, special handling, special con-
Pennsylvania to wit, bituminous coal
would only affect our State and we can
sideration for the Kemmerer mine which
falls within all the provisions of H.R. 25.
live with it.
exists in the State of Wyoming. We made
It seems to me that the committee bill is
Mr. STEIGER of Arizona. Mr. Chair-
this exemption, because of the geo-
reasonable and justified by the facts and
man, in response to what the gentleman
graphic considerations, again, which
that the House should go along with this
has said, if the gentleman will yield fur-
were argued by those who were familiar
special consideration for anthracite, just
ther, I will ask another question.
with the mining operation, who brought
as we voted for the bituminous open-pit
Pennsylvania has regulations to deal
evidence to the committee that the con-
exemption for Wyoming and for the
with anthracite?
dition of the seams in this particular lo-
Alaska exemption. We are only saying
Mr. DENT. The gentleman is correct.
cation made it necessary.to mine in huge
that past regulatory experience in Penn-
Mr. STEIGER. Yet the gentleman is
pits and, therefore, the regular standards
sylvania indicates that this exemption
asking for a Federal law to exempt the
that we were stipulating would not apply.
is worthwhile, because the State of Penn-
anthracite regulations, because of the
Consequently, we set forth a whole new
sylvania has demonstrated its willing-
existence of part of the Pennsylvania
exemption for that particular mining
law?
ness to have Federal enforcement pro-
operation.
visions apply. It seems to me reasonable
H 1896
CONGRESSIONAL RECORD HOUSE
March 18, 1975
for us to go along with this kind of
coal. I do not remember anywhere in the
Mr. SYMMS. I thank the gentleman
arrangement; State standards with Fed-
discussions, even on the part of my some-
for yielding.
eral enforcement.
what vitriolic friend, the gentleman from
I appreciate the position the gentle-
Mr. UDALL. Mr. Chairman, will the
Arizona (Mr. STEIGER) in his discussions,
man is taking. 1 think we could properly
gentlewoman from Hawaii yield?
anywhere where the Mafia was ever men-
name this the anthracite amnesty
Mrs. MINK. I yield to the gentleman
tioned, Bethlehem Steel, to be sure, and I
amendment to the coal bill.
from Arizona (Mr. UDALL).
wonder about that myself.
Mr. HECHLER of West Virginia. I
Mr. UDALL. Mr. Chairman, I want to
But, simply stated, there is no moral
thank my friend from Idaho. I would
heartily endorse every word the gentle-
way that one can exempt anthracite from
suggest, Mr. Chairman, that under the
woman from Hawaii (Mrs. MINK) has
this bill. I repeat, it is coal, and it is
State program procedure provided
just said.
stripped.
this legislation. Pennsylvania can come
This is a sound section. It is based on
I yield back the balance of my time.
in with a State program which does ex-
special consideration. She drafted it in
Mr. UDALL. Mr. Chairman, I ask
actly what is attempted by the Pennsyl-
careful consultation with the Pennsyl-
unanimous consent that all debate on
vania delegation. Why do we have to
vania people. The Governor of that State
the pending amendment and all amend-
write into the legislation an exemption
endorsed it. Other groups have endorsed
ments thereto close in 10 minutes.
to the anthracite industry? Why do we
it, and it ought to be retained.
The CHAIRMAN. Is there objection to
have to write into the legislation an ex-
The idea has been kicked around here
the request of the gentleman from
emption from the performance standards
and in committee that there is Mafia
Arizona?
of sections 515 and 5167
money, that there is some skulduggery
There was no objection.
I strongly urge that this amendment
afoot, something devious has gone on in
The CHAIRMAN. The Members who
be adopted, even though it to offered by
connection with the acquisition by Beth-
were standing at the time the unani-
the gentleman from Arizona (Mr. Sex-
lehem Steel of a small portion of the
mous-consent request was made will be
GER), with whom I strongly disagree on
anthracite area.
recognized for 1½ minutes each.
nearly every issue.
The CHAIRMAN. The time of the gen-
The Chair recognizes the gentleman
The CHAIRMAN. The Chair recog-
tleman from Arizona has expired.
from West Virginia (Mr. HECHLER).
nizes the gentiswoman from New Jersey
(By unanimous consent, Mr. UDALL was
(Mr. HECHLER of West Virginia asked
(Mrs. FENWICK).
allowed to proceed for 1 additional
and was given permission to revise and
Mrs. FENWICK. My admiration for
minute.)
extend his remarks.)
the bill and my respect for the chairman
Mr. UDALL. Mr. Chairman, I intend
Mr. HECHLER of West Virginia. Mr.
of the committee make is hard for me to
to ask the General Accounting Office to
Chairman, the only thing that disturbs
join in anything that might seem an at-
check out all of these allegations so we
me about this amendment is its sponsor.
tack on the bill, but I should like to ask
will be absolutely sure that there is noth-
I feel very uncomfortable in this situa-
two questions. What is the difference be-
ing to them and we will then have a basis
tion. That is, I strongly support the posi-
tween the Pennsylvania regulations and
for final action on this bill.
tion of the gentleman from Pennsyl-
the Federal regulations which makes the
Mr. KETCHUM. Mr. Chairman, I move
vania (Mr. FLOOD) on 99.9 percent of the
Federal regulations so particularly ener-
to strike the requisite number of words.
issues that come before this House. I
ous and heavy as to risk destroying the
(Mr. KETCHUM asked and was given
respect his integrity, support his philos-
surface anthracite mining in Pennsyl-
permission to revise and extend his
ophy, and team up with him on virtually
vania?
remarks.)
every issue before this House.
Mrs. MINK. If the gentlewoman would
Mr. KETCHUM. Mr. Chairman, I rise
I would just like to observe that pos-
yield, the specific reason for a different
in support of the amendment offered by
sibly by coincidence, or sheer happen-
standard being imposed in this instance
the gentleman from Arizona (Mr.
stance, the gentleman from Arizona (Mr.
is because of the different genlagie: for-
STEIGER). As a member of the Committee
STEIGER) may have just by pure luck hit
mation and unique location of these an-
on Interior and Insular Affairs, and the
upon an amendment that is morally jus-
thracite deposits.
Subcommittee on Mines and Mining, and
tified in this instance.
Mrs. FENWICK. I did not ask a. reason.
as one of the individuals who listened to
I would observe, Mr. Chairman, that
I said, What is the difference between
literally hundreds and thousands of
since 1971 I have read every word of the
the two regulations, and why would the
hours of testimony, I suppose, in and out
testimony before all of the committees of
Federal regulation be BO particularly
of Congress on this bill, and also as a
the House and Senate, and there is not
onerous to Pennsylvania?
member of the conference committee
one single word of evidence or bit of
Mrs. MINK. If the gentlewomaan
that discussed this bill for some 67 hours
testimony in support of this amendment,
would yield further, I would like to salk
last year, may I say that never in the
or even opposed to it, for that matter.
the gentleman from Pennsylvania to an-
process of those discussions other than
The.subject has simply never been raised
swer.
in the conference committee was this
in any testimony. There was no debate
Mr. FLOOD. If the gentlewoman
subject ever brought up.
upon it when it was adopted on the floor
would yield, I am glad to any it is sim-
The gentlewoman from Hawaii (Mrs.
last year, according to the RECORD of that
ply necessary. It is an entirely different
MINK) is entirely correct that we spoke
day; it was just brought up suddenly,
kind of operation. It is an entirely did-
about the exemptions, especially for bi-
and adopted immediately, without any
ferent kind of stripping. It is an entirely
tuminous coal and for Kemmerer Mine,
debate. I cite page H7100 of the Com-
different kind of mining.
and for Alaska, and we spent hours in
GRESSIONAL RECORD of 1974 during our
Mrs. FENWICK. That is not the ques-
the full light of day discussing them, but
July debate on this legislation. It seems
tion I asked.
we never discussed this amendment.
to me there is only one reason for this
The CHAIRMAN. The time of the
Let me say at the outset—
provision in this section: it was put in
gentlewoman has expired.
Mrs. MINK. Mr. Chairman, will the
the bill to win over the votes of the Penn-
(By unanimous consent, Mr. STRIGER
gentleman yield?
sylvania delegation in support of this bill.
of Arizona yielded his time to Mrs.
Mr. KETCHUM. No. Not at this time.
Again I commend the gentleman from
FENWICK).
Mr. Chairman, let me say at the outset
Pennsylvania for his energy and efforts,
Mrs. FENWICK. I thank the gentle-
that I have no criticism whatsoever of
but I urge support for the amendment
man for yielding.
the Pennsylvania delegation. They are
striking this inequitable section of the
doing that which they should do, and
The question I am asking is, Why
pending legislation.
what I would do, I am sure, if I came
would this kill Pennsylvania anthracite?
The CHAIRMAN. The time of the gen-
from Pennsylvania, but the fact is that
Why is it so heavy for Pennsylvania
tleman has expired.
it is still coal, and it is still being stripped.
anthracite? What is the geological
We are granting them in this bill an ex-
(By unanimous consent, Mr. SYMMS
defense?
emption that does not apply to any other
yielded his time to Mr. HECHLER of West
Mr. FLOOD. If the gentlewoman will
strippable coal. There is simply no moral
Virginia.)
yield further, I thought the gentle-
way that one can justify this provision
Mr. SYMMS. Mr. Chairman, will the
woman from Hawaii made it pretty
of the bill.
gentleman yield?
clear, indeed What is the differences?
Anthracite coal stands horizontally
Mr. HECHLER of West Virginia, I
It is entirely geological, because when
and vertically, and so does bituminous
yield to the gentleman from Idaho.
we strip mine soft coal, we are taking
March 18, 1975
CONGRESSIONAL RECORD-HOUSE
H 1897
the whole side of the mountain. If we
It should-99.2 percent of all coal mined
(Mr. UDALL asked and was given per-
were going to do a stripping job in Penn-
in the country is bituminous. They can-
mission to revise and extend his
sylvania, we have to do it differently.
not even spell "anthracite" in Washing-
remarks.)
You do it exactly now by going down,
ton. But if you do not recognize the dif-
Mr. UDALL. Mr. Chairman, there are
down, down. You do not go up through
ference you end up with problems.
two reasons why we should defeat this
a valley. You do not destroy the coun-
Let me tell you. I cosponsored the Fed-
amendment and keep section 529 in the
tryside. You do not destroy the farms
eral Coal Mine Health and Safety Act.
bill. In the first place it is a sound piece
or the fields. All you can do is exactly
That was in 1969. The regulations in
of work and soundly crafted and drafted
what you are doing in exactly the same
that bill were written for bituminous
and a soundly balanced bit of legislation.
place, and then you do not rape the
coal. That was great for bituminous
Second, it is only a partial exemption
countryside.
mines, but in the anthracite region, the
from the environmental standards of the
Mrs. FENWICK. The Federal law does
regulations just did not fit. It took 5
bill-the other provisions of the act
not stop you from going down, down,
years, but in 1974 the Interior Depart-
apply-the citizen suits, Federal en-
down.
ment set up a special anthracite task
forcement, permit approval and denial
Mr. FLOOD. It is not how far we
force to work out the mess. Now they
criteria, and so on. The environmental
want to go.
have separate regulations for anthracite.
standards in Pennsylvania law will apply
Mrs. FENWICK. I thank the gentle-
One further point. You have heard the
and if the State weakens such standards
man.
word "exemption" used with regard to
then the environmental standards in the
The CHAIRMAN. The Chair recog-
anthracite. This word "exemption" is a
Federal bill will apply.
nizes the gentleman from Ohio (Mr.
great word, but it just is not the truth.
Mr. Chairman, I call for the defeat
CARNEY).
Sure, the anthracite industry would like
of the amendment.
(By unanimous consent, Mr. CARNEY
an exemption from this bill, but they are
The CHAIRMAN. The question is on
yielded his time to Mr. FLOOD)
not going to get one.
the amendment offered by the gentleman
The CHAIRMAN. The Chair recog-
All that the anthracite section does is
from Arizona (Mr. STEIGER).
nizes the gentleman from Pennsylvania
say that for those particular characteris-
The question was taken; and on a divi-
(Mr. FLOOD).
tics of anthracite which make its mining
sion (demanded by Mr. STEIGER of Art-
Mr. FLOOD. Mr. Chairman, I move to
operations different than bituminous, the
zona) there were-ayes 40, noes 32.
strike the requisite number of words, and
strict Pennsylvania law shall apply be-
RECORDED VOTE
I rise in opposition to this amendment.
cause that law recognizes and compen-
My name is FLOOD. I am from Pennsyl-
sates for the differences in the two types
Mr. UDALL. Mr. Chairman, I demand
vania. We mine coal there-anthracite.
of coal. That is all. We are not exempt.
a recorded vote.
We are not exempt from strict reclama-
A recorded vote was ordered.
Not bituminous-anthracite. That is
hard coal. Anthracite is mined in eight
tion standards. We are not exempt from
The vote was taken by electronic de-
counties in north-central Pennsylvania.
Federal enforcement. We are not exempt
vice, and there were-ayes 170, noes 248,
You do not find it in Illinois. You do not
from paying into the reclamation fund.
not voting 14, as follows:
find it in California. You do not find it in
We are not exempt from public par-
[Roll No. 60]
Alabama. And you are not going to be-
ticipation and citizens' suits. The list
AYES-170
lieve this, you do not find it in Arizona
goes on. And if, at any time, the Penn-
Abdnor
Flowers
Mollohan
either. There you are, eight counties in
sylvania law is weakened, the full force
Abzug
Flynt
Montgomery
north-central Pennsylvania, and we
of Federal regulation would apply.
Ambro
Forsythe
Moore
Anderson, III.
Frenzel
have got anthracite. Nobody else.
There is, in truth, no exemption here.
Moorhead,
Andrews,
Frey
Calif.
We are different-not by choice, but
I oppose this amendment and urge my
N. Dak.
Goldwater
Mottl
there it is. We have got heavy pitching
colleagues to do the same.
Archer
Goodling
Myers, Pa.
The CHAIRMAN. The Chair recog-
Armstrong
Gradison
O'Brien
veins and multiple veins which you do
Ashbrook
Grassley
O'Hara
not find in the soft coal areas. We have
nizes the gentlewoman from Hawaii
Bafalis
Gude
Patten
got a very heavy rock overburden. We
(Mrs. MINK).
Bauman
Guyer
Perkins
Mrs. MINK. Mr. Chairman, I simply
Beard, Tenn.
Hagedorn
Pike
have been mining up there for years and
Bowen
Hammer-
Poage
years-this is not virgin land. we are on
wanted to clarify the RECORD. The gen-
Breaux
schmidt
Pressler
already deep mined land. We are just
tleman from California made a state-
Brinkley
Hansen
Pritchard
Brodhead
stripping previously strip mined areas.
ment that this amendment with regard
Hastings
Quie
Broomfield
Hechier, W. Va.
Quillen
We just go a little deeper and remove
to anthracite was not debated by the
Brown, Calif.
Hicks
Regula
coal you could not get a few years ago.
committee before it was considered on
Brown, Mich.
Hillis
Reuss
Pennsylvania regulates the mining and
the floor of the House. He cited the fact
Brown, Ohio
Hinshaw
Rhodes
that all the other amendments which
Broyhill
Holland
Roberts
reclamation of coal with the strongest
Buchanan
Holt
Robinson
and toughest strip mine control laws in
he described were discussed by the com-
Burke, Fla.
Holtzman
Rousselot
the country. The State people know what
mittee. The RECORD should be clear that
Burleson, Tex.
Hubbard
Ruppe
the Alaska amendment was added on the
Butler
Hutchinson
Sarasin
I am telling you now-they know what
Carter
Hyde
Satterfield
anthracite coal is-that it is not bitumi-
floor and this was not considered by the
Cederberg
Ichord
Schroeder
nous. And in that Pennsylvania law
committee before its consideration here.
Clancy
Jarman
Sebelius
there are separate and distinct regula-
So in both situations, in the Alaska and
Clausen,
Jeffords
Sharp
Don H.
Johnson, Colo.
Shriver
tions for the control of anthracite strip
the anthracite situations, both were de-
Clawson, Del
Jones, Tenn.
Slack
mining. Separate and distinct. Because
veloped after the committee bill had
Cochran
Kasten
Smith, Nebr.
they are different.
been reported. So it seems to me all three
Cohen
Kelly
Snyder
Collins, Tex.
Kemp
Solars
Governor Shapp has sent each of you
situations should be taken into balance.
Conlan
Ketchum
Spence
a telegram telling you this is so-that he
There are features with respect to an-
Conte
Kindness
Stanton,
personally endorses this section of the
thracite mining which cannot come
Crane
Koch
J. William
Daniel, Dan
under the literal provisions of H.R. 25
Krueger
Steelman
bill. Pennsylvania people know about an-
Daniel, Robert
Lagomarstno
Steiger, Arts.
thracite and passed a law which controls
and it is in fact very similar to the Kem-
W., Jr.
Lent
Steiger, Wis.
its mining. The anthracite section of the
merer Mine situation where we have to
Derwinski
Lott
Stephens
Devine
bill before the House is in the bill not
deal with large open pits. H.R. 25's re-
Lujan
Stuckey
Dickinson
McClory
Studds
because of DAN FLOOD, or Bethlehem
quirements cannot be met in these spe-
Downey
McCollister
Symms
Steel, but because this bill is patterned
cial instances and therefore we were
Downing
McDonald
Talcott
in many ways after the very successful
forced to write a special section for both
Duncan, Tenn.
McKinney
Taylor, Mo.
du Pont
Madigan
Thone
Pennsylvania law. And that law calls for
these areas. The committee takes the
Early
Maguire
Treen
and recognizes the separate and distinct
open pit Kemmerer Mine and the anthra-
Edwards, Ala.
Mann
Vander Jagt
nature of anthracite from bituminous.
cite mine and taking them together pro-
Emery
Martin
Vander Veen
Erlenborn
Mathis
Vanik
Now I do not blame people who do not
vided exceptions for both.
Esch
Michel
Waggonmer
understand this difference. For years in
The CHAIRMAN. The Chair recog-
Evans, Colo.
Milford
Wampler
Washington. when you say the word
nizes the gentleman from Arizona (Mr.
Fenwick
Miller, Ohio
Whalen
"coal" that means bituminous. And well
Findley
UDALL), to close the debate.
Mitchell, N.Y.
Whitehurst
Fithian
Moffett
Whitten
H 1898
CONGRESSIONAL RECORD - HOUSE
March 18, 1975
Winn
Wydler
Young, Fla.
The Clerk read as follows:
portion thereof: The Secretary shall approve
Wirth
Wylle
Young, Tex.
Young, Alaska
Amendment offered by Mr. MELCHER:
or disapprove the resubmitted Indian lands
Wright
Page 306, after line 3, insert:
program or portion thereof within sixty days
NOES-248
from the date of resubmission.
TITLE VI.-INDIAN LANDS PROGRAM
Adams
Glaimo
Neal
(d) For the purpose of this section and
Addabbo
Gibbons
Nedai
GRANTS TO TRIBES
section 504 of this Act, the inability of an
Anderson,
Gilman
Nichols
SEC. 601. (a) The Secretary is authorized
Indian tribe to take any action the purpose
Calif.
Ginn
Nix
to make annual grants directly to any Indian
of which is to prepare, submit, or enforce an
Andrews, N.C.
Gonzalez
Nolan
Annunzio
Green
Nowak
tribe that applies to the Secretary for a grant
Indian lands program, or any portion thereof,
Ashley
Haley
Oberstar
to develop and administer an Indian lands
because the action is enjoined by the issuance
Aspin
Hall
Obey
program for the purpose of enabling the tribe
of an injunction by any court of compet it
AuCoin
Hamilton
O'Neill
to realize benefits from the development of
jurisdiction shall not result in a loss of eligt-
Badillo
Hanley
Ottinger
its coal resources while at the same time
bility for financial assistance under titles IV
Baldus
Hannaford
Passman
protecting the cultural values of the tribe
and VII of this Act or in the imposition of a
Barrett
Harkin
Patman
Patterson, Calif.
and the physical environment of the reser-
Federal program. Regulations of the surface
Baucus
Harrington
Beard, R.I.
Harris
Pattison, N.Y.
vation, including land, timber, agricultural
coal mining and reclamation operations cov-
Bedell
Harsha
Pepper
activity, surface and ground waters, and air,
ered or to be covered by the Indian lands
Bell
Hayes, Ind.
Peyser
by the establishment of exploration, mine
program subject to the injunction shall be
Bennett
Hays, Ohio
Pickle
operating and reclamation regulations.
conducted by the Indian tribe pursuant to
Bergland
Heckler, Mass.
Preyer
(b) The distribution of funds under this
section 502 of this Act, until such time as the
Bevill
Hefner
Price
Act shall achieve the purposes of the Act,
injunction terminates or for one year, which-
Biaggi
Heinz
Railsback
Biester
Helstoski
Randall
recognize special jurisdictional status of In-
ever is shorter, at which time the require-
Bingham
Hightower
Rangel
dian lands and allotted lands of such tribes
ments of section 503 and 504 shall again be
Blanchard
Horton
Rees
and preserve the power of Indian tribes to
fully applicable.
Blouin
Howard
Richmond
approve or disapprove surface mining and
(e) The Secretary shall not approve any
Boggs
Howe
Riegle
reclamation operations.
Indian lands program submitted under this
Boland
Hughes
Rinaldo
(c) Indian lands programs developed by
section until he has-
Bolling
Hungate
Rodino
any Indian tribe shall meet all provisions of
(1) solicited and publicly disclosed the
Bonker
Jacobs
Roe
Brademas
Jenrette
Rogers
this Act and where any provision of any tribal
views of the Administrator of the Environ-
Breckinridge
Johnson, Calif.
Roncalio
code, ordinance, or regulation in effect upon
mental Protection Agency, the Secretary of
Brooks
Johnson, Pa.
Rooney
the date of enactment of this Act or which
Agriculture, and the heads of the other Fed-
Burgener
Jones, Ala.
Rose
may become effective thereafter, provides for
eral agencies concerned with or having spe-
Burke, Calif.
Jones, N.C.
Rosenthal
environmental controls and regulations of
cial expertise pertinent to the proposed In-
Burke, Mass.
Jones, Okla.
Rostenkowski
surface coal mining and reclamation opera-
dian lands program:
Burlison, Mo.
Jordan
Roush
Burton, John L.Karth
Roybal
tions which are some stringent than the pro-
(2) obtained the written concurrence of
Burton, Phillip Kastenmeier
Runnels
visions of this Act or any regulation issued
the Administrator of the Environmental Pro-
Byron
Kazen
Russo
pursuant hereto, such tribal code, ordinance,
tection Agency with respect to those aspects
Carney
Keys
Ryan
or regulation shall not be construed to be
of an Indian lands program which relate to
Carr
Krebs
St Germain
inconsistent with this Act.
air or water quality standards promulgated
Chappell
LaFalce
Santini
Chisholm
Landrum
Sarbanes
COAL LEASING
under the authority of the Federal Water
Pollution Control Act, as amended (33 U.S.C.
Clay
Latta
Scheuer
SEC. 602. The Secretary is directed to ob-
Cleveland
Leggett
Schneebeli
1151-1175) and the Clean Air Act, as amended
tain written prior approval of the tribe be-
Conable
Lehman
Schulze
(42 U.S.C. 1857);
Conyers
Levitas
Seiberling
fore leasing coal under ownership of the
tribe.
(3) held at least one public hearing on the
Corman
Litton
Shipley
Indian lands program for the enrolled mem-
Cornell
Lloyd, Calif.
Shuster
INDIAN LANDS ENVIRONMENTAL PROTECTION
bers of the tribe on its reservation; and
Cotter
Lloyd, Tenn.
Sikes
STANDARDS
(4) found that the Indian tribe has the
Coughlin
Long, La.
Simon
D'Amours
Long, Md.
Sisk
SEC. 603. Not later than the end of the
legal authority and qualified personnel nec-
Daniels,
McCloskey
Smith, Iowa
one-hundred-and eighty-day period immedi-
essary for the enforcement of the environ-
Dominick V.
McCormack
Spellman
ately following the date of enactment of this
mental protection standards.
Danielson
McDade
Staggers
Act, the Secretary shall promulgate and pub-
INITIAL REGULATORY PROCEDURES
Davis
McEwen
Stanton,
lish in the Federal Register regulations cov-
de la Garza
McFall
James V.
SEC. 605. (a) No person shall open or
Delaney
McHugh
Stark
ering a permanent regulatory procedure for
develop any new or previously mined or aban-
Dellums
McKay
Steed
surface coal mining and reclamation opera-
doned site for surface coal mining and recla-
Dent
Macdonald
Stokes
tions setting mining and reclamation per-
mation operations on Indian lands after the
Derriek
Madden
Stratton
formace standards based on and incorporat-
date of enactment of this Act unless such
Dingell
Mahon
Sullivan
ing the provisions of title V of this Act, and
Dodd
Matsunaga
Symington
person is in compliance with existing Federal
establishing procedures and requirements
Drinan
Mazzoli
Taylor, N.C.
regulations governing surface coal mining on
Meeds
Teague
for preparation, submission, and approval of
Duncan, Oreg.
Indian lands.
Sckhardt
Meicher
Thompson
Indian lands programs and development and
(b) No later than one hundred and thirty-
Edgar
Metcalfe
Thornton
implementation of Federal programs under
five days from the date of enactment of this
Edwards, Calif.
Meyner
Traxler
this title. Such regulations shall be promul-
Act, the Secretary shall implement a Federal
Eilberg
Mezvinsky
Teongas
gated and published under the guidelines of
English
Mikva
Udall
enforcement program which shall remain in
section 501 of this Act.
Eshleman
Miller, Calif.
Ullman
effect on those Indian lands on which there
Evans, Ind.
Mineta
Van Deerlin
APPROVAL OF PROGRAM
is surface coal mining and where the Indian
Fascell
Minish
Vigorito
Sec. 604. (a) Within twenty-four months
tribe has expressed to the Secretary an intent
Fish
Mink
Walsh
after the receipt of funding under section
to develop and administer an Indian lands
Fisher
Mitchell, Md.
Weaver
Flood
Moakley
601 (a) of this Act, but not less than thirty
program, until the Indian lands program has
White
Florio
Moorhead, Pa.
Wiggins
months after the date of enactment of this
been approved pursuant to this Act or until
Foley
Morgan
Wilson, Bob
Act, a tribe which expresses to the Secretary
a Federal program has been implemented
Ford, Mich.
Mosher
Wolff
an intent to develop and administer an
pursuant to this Act. The enforcement pro-
Ford, Tenn.
Moss
Yates
Indian lands program, giving the tribe ex-
gram shall be carried out pursuant to the
Fountain
Murphy, m.
Yatron
clusive jurisdiction over the regulation of
provisions of subsections 502(f) (1), 502(f)
Frawer
Murphy, N.Y.
Young, Ga.
Fulton
Murtha
Zablocki
surface coal mining and reclamation opera-
(2), 502(f) (3), 502(f) (4), and 502(f) (5).
Fuqua
Myers, Ind.
Zeferetti
tions on lands under its jurisdiction, except
(c) Following the final disapproval of an
Gaydos
Natcher
as provided in section 521 and title IV of
Indian lands program, and prior to promul-
NOT VOTING-14
this Act shall submit an Indian lands pro-
gation of a Federal program pursuant to this
gram which demonstrates that such tribe
Act, including judicial review of such a pro-
Alexander
Hébert
Wilson,
has the capability of carrying out the provi-
gram, existing surface coal mining operations
Casey
Henderson
Charles H.,
sions of this Act.
Collins, m.
Mills
Calif.
may continue surface mining operations pur-
Diggs
Risenhoover
Wilson,
(b) The Secretary shall approve or dis-
suant to the provisions of section 502 of this
Evins, Tenn.
Skubits
approve an Indian lands program, in whole
Act.
Charles, Tex.
Hawkins
Waxman
or in part, within six full calendar months
FEDERAL PROGRAM
after the date such Indian lands program
So the amendment was rejected.
Sec. 606. (a) The Secretary shall prepare
was submitted to him.
and, subject to the provisions of this section,
The result of the vote was announced
(c) If the Secretary disapproves an Indian
promulgate and implement, pursuant to sec-
as above recorded.
lands program in whole or in part, he shall
tion 501 of this Act, a Federal program for an
AMENDMENT OFFERED BY MR. MELCHER
notify the tribe in writing of his decision and
Indian tribe that expresses an intent to de-
set forth in detail the reasons therefor. The
Mr. MELCHER. Mr. Chairman, I offer
velop and administer an Indian lands pro-
tribe shall have sixty days in which to re-
gram if such Indian tribe-
an amendment.
submit a revised Indian lands program, or
(1) fails to submit an Indian lands pro-
March 18, 1975
CONGRESSIONAL RECORD HOUSE
1899
gram covering surface mining and reclama-
undertake to review such permits to deter-
the date of enactment of this Act, all surface
tion operations by the end of the thirty
mine that the requirements of this Act are
coal mining operations on Indian lands shall
month period beginning on the date of enact-
not being violated. If the Secretary deter-
comply with requirements at least as strin-
ment of this Act;
mines that any permit has been granted con-
gent as those imposed by sections 507, 508,
(2) falls to resubmit an acceptable Indian
trary to the requirements of this Act he shall
509, 510, 515, 516, 517, and 519 of this Act and
Innds program within nixty days of disap-
so advise the permittee and provide him a
the Secretary shall incorporate the require-
proval of a proposed Indian lands program:
reasonable time to conform ongoing surface
ments of such provisions in all existing and
Provided, That the Secretary shall not imple-
coal mining and reclamation operations to
new leases issued for coal on Indian lands,
ment a Federal program prior to the expira-
the requirements of the Federal program.
(e) With respect to leases issued after the
tion of the initial period allowed for sub-
PERSONNEL
date of enactment of this Act, the Secretary
mission of an Indian lands program as pro-
shall include and enforce terms and cond
SEC. 608. (a) Indian tribes are author-
vided for in claude (1) of this subsection;
tions in addition to those required by sub-
ized to use the funds authorized pursuant to
or
sections (c) and (d) as may be requested by
section 601 (a) of this title for the hiring
(3) fails to implement, enforce, or maintain
the Indian tribe in such leases.
of professional and technical personnel and,
its approved Indian lands program as pro-
where appropriate, to allocate funds to legit-
(f) Any change required by subsections
vided for in this Act.
imately recognized organizations of the tribe
(c) and (d) of this section in the terms and
If tribal compliance with clause (1) of
conditions of any coal lease on Indian lands
that are pursuing the objectives of this title,
this subsection requires an act of the tribal
existing on the date of enactment of this
as well as hire special consultants, groups, or
council or tribal legislature the Secretary
firms from the public and private sector, for
Act, shall require the approval of the Secre-
may extend the period for submission of an
tary.
the purpose of developing, establishing, or
Indian lands program up to an additional
implementing an Indian lands program.
(g) The Secretary shall provide for ade-
six months. Promulgation and implementa-
quate participation by the various Indian
AUTHORIZATION PRIORITY
tion of a Federal program vests the Secretary
tribes affected in the study authorized in
SEC. 609. Of the funds made available
with exclusive jurisdiction for the regulation
this section and not more than $700,000 of
and control of surface coal mining and recla-
under section 714(a) of this Act, first prior-
the funds authorized in section 714(a) of
mation operations taking place on lands with-
ity on $2,000,000 for each of the fiscal years
this Act shall be reserved for this purpose.
in any tribal reservation or upon tribal lands
shall be for the purposes of this title.
REPORTS TO CONGRESS
not in compliance with this Act. After pro-
REPORTS TO THE SECRETARY
SEC. 613. The Secretary shall report an-
mulgation and implementation of a Federal
Sec. 610. Any Indian tribe which is receiv-
nually to the President and the Congress
program the Secretary shall be the regulatory
ing or has received a grant pursuant to sec-
on all actions taken in furtherance of this
authority. In promulgating and implemen-
tion 714(a) of this Act, shall report at the
title and on the impacts of all other pro-
tating a Federal program for a particular In-
end of each fiscal year to the Secretary, in
grams or services to or on behalf of Indians
dian tribe the Secretary shall take into
a manner prescribed by him, on activities
on the ability of Indian tribes to fulfill the
consideration the nature of that Indian tribal
undertaken by the tribe pursuant to or under
requirements of this title.
reservation's terrain, climate. biological,
this title.
chemical and other relevant physical condi-
ENFORCEMENT
Mr. MELCHER (during the reading)
tions.
SEC. 611. For the purpose of administering
Mr. Chairman, I ask unanimous consent
(b) Prior to promulgation and implemen-
an Indian lands program under this Act, a
that further reading of the amendment
tation of any proposed Federal program, the
tribe shall have jurisdictional authority in-
be dispensed with and that it be printed
Secretary shall give adequate public notice
cluding the ability to require compliance
in the RECORD.
and hold a public hearing for the enrolled
with said regulations over all persons whether
The CHAIRMAN. Is there objection to
members of the tribe in a location convenient
Indian or non-Indian engaged in surface
to the tribe.
the request of the gentleman from Mon-
coal mining operations and that all disputes
(c) Permits issued pursuant to an approved
tana?
will be adjudicated in the appropriate tribal
Indian lands program shall be valid but re-
There was no objection.
court forum until that remedy is exhausted
viewable under a Federal program pursuant
and then the aggrieved party has the right
Mr. MELCHER. Mr. Chairman, this
to section 504(d) of this Act.
to a trial de novo in Federal district court
amendment provides a new title to the
(d) An Indian tribe which has failed to
in the appropriate district.
bill dealing with an Indian lands pro-
obtain the approval of an Indian lands pro-
gram prior to implementation of a Federal
INDIAN LANDS STUDY
gram. In the bfH that was passed by the
program may submit an Indian lands pro-
SEC. 612. (a) The Secretary is directed to
House last year we had such a title.
gram at any time after such implementation
study the question of the regulation of sur-
In conference the conferees opted to
pursuant to section 504 of this Act. Until
face coal mining on Indian lands which will
treat the subject on what to do with the
an Indian lands program is approved as pro-
achieve the purposes of this Act and recog-
reclamation of Indian lands if their lands
vided under this section. the Federal pro-
nize the special jurisdictional status of these
were stripped for coal by having the
gram shall remain in effect and all actions
lands. In carrying out this study the Secre-
Secretary of the Interior delegated to
taken by the Secretary pursuant to such Fed-
tary shall consult with the Indian tribes, and
conduct studies on those Indian reserva-
eral program. including the terms and con-
may contract or give grants to Indian tribes,
ditions of any permit issued thereunder, shall
qualified institutions, agencies, organiza-
tions where the Indian tribes asked for
remain in effect.
tions, and persons. The study report shall
such a study to determine how strip min-
(e) Permits issued pursuant to the Fed-
include proposed legislation designed to as-
ing would affect them and how to arrive
eral program shall be valid but reviewable
sist Indian tribes to assume full regulatory
at effective reclamation for their land
under the approved Indian lands program.
authority over the administration and en-
on their reservations.
The tribal regulatory authority may review
forcement of regulation of surface coal min-
In doing so, we bumped out of the
such permits to determine that the require-
ing on Indian lands.
final conference bill the rather detailed
ments of this Act and the approved Indian
(b) The report required by subsection (a)
Indian lands program that we have
lands program are not being violated. If the
of this section together with draft proposed
passed here in the House.
tribal regulatory authority determines any
legislation and the view of each Indian tribe
permit to have been granted contrary to the
which would be affected shall be submitted
What I have done in this amendment
requirements of the Act or the approved
to the Congress as soon as possible but not
is to offer a blending of the conference
Indian lands program. he shall so advise the
later than two years after the date of on-
decision of having a study with those
permittee and provide him a reasonable op-
actment of this Act.
tribes that desire to have one conducted
portunity for submission of a new applica-
(c) On and after one hundred and thirty-
tion and reasonable time to conform ongoing
and supervised by the Secretary of the
five days from the date of enactment of this
surface mining and reclamation operations
Interior on their own reservation, or they
Act, all surface coal mining operations on
to the requirements of the Act or approved
Indian lands wherein the tribe has not ap-
can develop an Indian lands program of
Indian lands program.
plied for a grant to develop and administer
their own. Briefly, this would allow them
ADMINISTRATION BY THE SECRETARY
an Indian lands program pursuant to sec-
to adopt stronger standards than the
SEC. 607. (a) At any time, a tribe may se-
tion 601 of this title, or has not selected
minimum Federal standards set forth in
lect to have its program administered by
to have its Indian lands program adminis-
the bill. It would treat them in the same
the Secretary. Upon such a request by a tribe,
tered by the Secretary pursuant to section
way that we treat a State in the bill,
the Secretary shall assume the responsibility
607 of this title, shall comply with require-
where we say to the State, "You can
for administering the tribe's Indian lands
ments at least as stringent as those imposed
meet these minimum Federal standards,
program for that reservation.
by subsections 515(b) (2), 515(b) (3), 515
and that is good enough; but If you want
(b) Permits issued pursuant to an ap-
(b) (5), 515(b) (10), 515(b) (13), 615(b)
proved Indian lands program shall be valid
(19), and 515(d) of this Act and the Secre-
to have stronger standards, you can also
but reviewable under a Federal program pre-
retary shall incorporate the requirements of
do that and run your own program."
pared pursuant to subsection 306(a) of this
such provisions in all existing and new leases
What we say in the Indian lands pro-
Act. Immediately following the promulgation
for coal on Indian lands.
gram, if we adopt this amendment that
of a Federal program, the Secretary shall
(d) On and after thirty months following
I am offering, is that the Indian tribes
H 1900
CONGRESSIONAL RECORD - HOUSE
March 18, 1975
that so elect to have stronger standards
such State, shall review any area within such
to act within a reasonable time) shall have
can have them, and we give them that
lands to assess whether it may be unsuitable
the right of appeal for review by the United
privilege. If they do not want stronger
for mining operations for minerals or ma-
States district court for the district in which
standards, that is their privilege, too. The
terials other than coal, pursuant to the cri-
the pertinent area is located.
teria and procedures of this section.
various Indian tribes can ask for the
(b) An area of Federal lands may be desig-
Mr. UDALL (during the reading) Mr.
study or they can designate the Secre-
nated under this section as unsuitable for
Chairman, I ask unanimous consent that
tary of the Interior to supervise the Fed-
mining operations if (1) such area consists
title VI be considered as read, printed
eral standards on any reclamation pro-
of Federal land of a predominantly urban or
in the RECORD, and open to amendment
gram involving coal strip mining on the
suburban character, used primarily for resi-
at any point.
reservations, or decide to have stronger
dential or related purposes, the mineral estate
standards to enforce on their reserva-
of which remains in the public domain, or
The CHAIRMAN. Is there objection
(2) such area consists of Federal land where
to the request of the gentleman from
tions.
mining operations would have an adverse
Arizona?
It is their land; Indian culture is tied
impact on lands used primarily for residen-
There was no objection.
close to their land, and my amendment
tial or related purposes, or (3) lands where
The CHAIRMAN. Are there any
recognizes their basic right to decide the
such mining operations could result in irre-
amendments to title VI?
fate of their own lands.
versible damage to important historic, cul-
If not, the Clerk will read.
Mr. UDALL. Mr. Chairman, will the
tural, scientific, or aesthetic values or natural
The Clerk read as follows:
systems, of more than local significance, or
gentleman yield?
could unreasonably endanger human life and
TITLE VII-ADMINISTRATIVE AND
Mr. MELCHER. I yield to the gentle-
property.
MISCELLANEOUS PROVISIONS
man from Arizona (Mr. UDALL).
(c) Any person having an interest which
DEFINITIONS
Mr. UDALL. Mr. Chairman, I thank
is or may be adversely affected shall have the
SEC. 701. For the purposes of this Act-
the gentleman for yielding.
right to petition the Secretary to seek exclu-
(1) "Secretary" means the Secretary of the
How to handle the coal underlying
sion of an area from mining operations pur-
Interior, except where otherwise described;
Indian lands has been one of the most
suant to this section or the redesignation of
(2) "State" means a State of the United
an area or part thereof as suitable for such
difficult problems we faced in the history
States, the District of Columbia, the Com-
operations. Such petition shall contain alle-
of this legislation. The gentleman from
monwealth of Puerto Rico, the Virgin Islands,
gations of fact with supporting evidence
American Samoa, and Guam;
Montana has given this a great deal of
which would tend to substantiate the allega-
(3) "Office" means the Office of Surface
attention and on several occasions has
tions. The petitioner shall be granted a hear-
Mining, Reclamation, and Enforcement
had solutions that I though would solve
ing within a reasonable time and finding
established pursuant to title II;
the problem, but this particular solution
with reasons therefor upon the matter of
(4) "commerce" means trade, traffic, com-
is one that we have gone over on our
their petition. In any instance where a Gov-
merce, transportation, transmission, or com-
ernor requests the Secretary to review an
side, the gentlewoman from Hawaii
munication among the several States, or be-
area, or where the Secretary finds the na-
(Mrs. MINK) and I and the gentleman
tween a State and any other place outside
tional interest so requires, the Secretary may
thereof; or between points m the same State
from Washington (Mr. MEEDS), who
temporarily withdraw the area to be reviewed
which directly or indirectly affect interstate
chairs the Indian Affairs Committee.
from mineral entry or leasing pending such
commerce;
The chairman of our full committee, the
review: Provided, however, That such tem-
(5) "surface coal mining operations"
gentleman from Florida (Mr. HALEY)
porary withdrawal be ended as promptly as
means-
chaired the Indian Affairs Subcommittee
practicable and in no event shall exceed two
(A) activities conducted on the surface
years.
for a number of years and has an in-
of lands in connection with a surface coal
(d) In no event is a land area to be desig-
tense interest in this problem.
mine or surface operations the products of
nated unsuitable for mining operations un-
which enter commerce or the operations of
Mr. Chairman, as far as I am con-
der this section on which mining operations
which directly or indirectly affect interstate
cerned, and I think I speak for most of
are being conducted prior to the holding of
commerce. Such activities include excava-
us on our side, this is a good approach
a hearing on such petition in accordance
tion for the purpose of obtaining coal includ-
to take to conference. It gives options,
with subsection (c) hereof. Valid existing
ing such common methods as contour, strip,
it is flexible, and I am prepared to sup-
rights shall be preserved and not affected by
auger, mountaintop removal, box cut, open
port the amendment.
such designation. Designation of an area as
pit, and area mining, and in situ distillation
unsuitable for mining operations under this
Mr. HALEY. Mr. Chairman, will the
or retorting, leaching or other chemical or
section shall not prevent subsequent mineral
physical processing, and the cleaning, con-
gentleman yield?
exploration of such area, except that such
centrating, or other processing or prepara-
Mr. MELCHER. I yield to the gentle-
exploration shall require the prior written
tion, loading of coal for interstate commerce
man from Florida (Mr. HALEY), the dis-
consent of the holder of the surface estate,
at or near the mine site: Provided, however,
tinguished chairman of the House Com-
which consent shall be filed with the Sec-
That such activities do not include the ex-
mittee on Indian Affairs.
retary. The Secretary may promulgate, with
traction of coal incidental to the extraction
Mr. HALEY. Mr. Chairman, I thank
respect to any designated area, regulations
of other minerals where coal does not exceed
to minimize any adverse effects of such ex-
16½ percentum of the tonnage of minerals
the gentleman for yielding.
ploration.
removed for purposes of commercial use or
He, of course, knows of my long inter-
(e) Prior to any designation pursuant to
sale or coal explorations subject to section
est in Indian legislation.
this section, the Secretary shall prepare a
512 of this Act and
I think this is a very good amendment,
detailed statement on (1) the potential
(B) the areas upon which such activities
and I rise in wholehearted support of
mineral resources of the area, (11) the de-
occur or where such activities disturb the
this amendment. I think it is necessary.
mand for such mineral resources, and (iii)
natural land surface. Such areas shall also
Mr. MELCHER. Mr. Chairman, I
the impact of such designation or the absence
include any adjacent land the use of which
of such designation on the environment,
thank the gentleman.
is incidental to any such activities, all lands
economy, and the supply of such mineral
affected by the construction of new roads or
I urge that the House accept the
resources.
the improvement or use of existing roads to
amendment and thereby endorse Indian
(f) When the Secretary designates an area
gain access to the site of such activities and
rights to have a positive voice in the
of Federal lands as unsuitable for all or cer-
for haulage, and excavations, workings, im-
destiny of their own reservation lands
tain types of mining operations for minerals
poundments, dams, ventilation shafts, entry-
if some of it is strip mined for coal.
and materials other than coal pursuant to
ways, refuse banks, dumps, stockpiles, over-
The CHAIRMAN. The question is on
this section he may withdraw such area from
burden piles, spoil banks, culm banks, tail-
the amendment offered by the gentleman
mineral entry or leasing, or condition such
ings, holes or depressions, repair areas, stor-
from Montana (Mr. MELCHER).
entry or leasing so as to limit such mining
age areas, processing areas, shipping areas
operations in accordance with his deter-
and other areas upon which are sited struc-
The amendment was agreed to.
mination, if the Secretary also determines,
tures, facilities, or other property or materials
The CHAIRMAN. Are there further
based on his analysis pursuant to subsection
on the surface, resulting from or incident to
amendments to title V?
601 (e), that the benefits resulting from such
such activities;
If not, the Clerk will read.
designation, would be greater than the bene-
(6) "surface coal mining and reclamation
The Clerk read as follows:
fits to the regional or national economy
operations" means surface mining operations
which could result from mineral develop-
and all activities necessary and incident to
TITLE VI-DESIGNATION OF LANDS UN-
ment of such area.
the reclamation of such operations after the
SUITABLE FOR NONCOAL MINING
(g) Any party with a valid legal interest
date of enactment of this Act;
DESIGNATION PROCEDURES
who has appeared in the proceedings in con-
(7) "lands within any State" or "lands
SEC. 601. (a) With respect to Federal lands
nection with the Secretary's determination
within such State" means all lands within a
within any State, the Secretary of Interior
pursuant to this section and who is aggrieved
State other than Federal lands and Indian
may, and if so requested by. the Governor of
by the Secretary's decision (or by his failure
lands;
March 18, 1975
CONGRESSIONAL RECORD
1901
(8) "Federal lands" means any land, in-
secutive calendar months in any one loca-
who will be the respondent. Upon receipt of
cluding minoral interests, owned by the
tion;
such application, the Secretary shall cause
United States without regard to how the
(25) "permit area" means the area of
such investigation to be made as he deems
United States acquired ownership of the land
land indicated on the approved map sub-
appropriate. Such investigation shall pro-
and without regard to the agency having re-
mitted by the operator with his application,
vide an opportunity for a public hearing
sponsibility for management thereof, except
which area of land shall be covered by the
at the request of any party to such review
Indian lands;
operator's bond as required by section 509
to enable the parties to present information
(9) "Indian lands" means all lands, in-
of this Act and shall be readily identifiable
relating to the alleged violation. The parties
cluding mineral interests within the exterior
by appropriate markers on the site;
shall be given written notice of the time
boundaries of any Indian reservation, not-
(26) "unwarranted failure to comply"
and place of the hearing at least five davs
withstanding the issuance of any patent, and
means the failure of a permittee to prevent
prior to the hearing. Any such hearing ahsu
including rights-of-way, and all lands held in
the occurrence of any violation of his per-
be of record and shall be subject to section
trust for or supervised by any Indian tribe;
mit or any requirement of this Act due to
554 of title 5 of the United States Code.
(10) "Indian tribe" means any Indian
indifference, lack of diligence, or lack of rea-
Upon receiving the report of such investiga-
tribe, band, group, or community having a
sonable care, or the failure to abate any
tion the Secretary shall make findings of
governing body recognized by the Secretary:
violation of such permit or the Act due to
fact. If he finds that a violation did occur.
(11) "State program" means a program
indifference, lack of diligence, or lack of
he shall issue a decision incorporating
established by a State pursuant to section
reasonable care;
therein and his findings in an order requiring
503 to regulate surface coal mining and rec-
(27) "alluvial valley floors" means the un-
the party committing the violation to take
lamation operations, on lands within such
consolidated stream laid deposits holding
such affirmative action to abate the viola-
State in accord with the requirements of this
streams where water availability is sufficient
tion as the Secretary deems appropriate,
Act and regulations issued by the Secretary
for subirrigation or flood irrigation agricul-
including, but not limited to, the rehiring
pursuant to this Act;
tural activities;
or reinstatement of the employee or repre-
(12) "Federal program" means a program
(28) "imminent danger to the health or
sentative of employees to his former posi-
established by the Secretary pursuant to sec-
safety of the public" means the existence of
tion with compensation. If he finds that
tion 504 to regulate surface coal mining and
any condition or practice, or any violation of
there was no violation, he shall issue a find-
reclamation operations on lands within a
a permit or other requirement of this Act in
ing. Orders issued by the Secretary under
State in accordance with the requirements of
a surface coal mining and reclamation oper-
this subsection shall be subject to judicial
this Act;
ation, which condition, practice, or violation
review in the same manner as orders and
(13) "Federal lands program" means a pro-
could reasonably be expected to cause sub-
decisions of the Secretary are subject to
gram established by the Secretary pursuant
stantial physical harm to persons outside
judicial review under this Act.
to section 523 to regulate surface coal mining
the permit area before such condition, prac-
(c) Whenever an order is issued under
and reclamation operations on Federal lands;
tice, or violation can be abated.
this section to abate any violation, at the
(14) "reclamation plan" means a plan sub-
OTHER FEDERAL LAWS
request of the applicant a sum equal to the
mitted by an applicant for a permit under a
SEC. 702. (a) Nothing in this Act shall be
aggregate amounts of all costs and expenses
State program or Federal program which sets
construed as superseding, amending, modify-
(including attorneys' fees) to have been
forth a plan for reclamation of the proposed
ing, or repealing the Mining and Minerals
reasonably incurred by the applicant for, or
surface coal mining operations pursuant to
section 508;
Policy Act of 1970 (30 U.S.C. 21a), the Na-
in connection with, the institution and pros-
(15) "State regulatory authority" means
tional Environmental Policy Act of 1969 (42
ecution of such proceedings, shall be assessed
the department or agency in each State
U.S.C. 4321-47), or any of the following Acts
against the persons committing the violation.
which has primary responsibility at the State
or with any rule or regulation promulgated
(d) The Secretary shall conduct con-
thereunder, including but not limited to-
tinuing evaluations of potential losses or
level for administering this Act;
(1) The Federal Metal and Nonmetallic
shifts of employment which may result from
(16) "regulatory authority" means the
Mine Safety Act (30 U.S.C. 721-740).
the enforcement of this Act or any require-
State regulatory authority where the State
(2) The Federal Coal Mine Health and
ment of this Act including, where appro-
is administering this Act under an approved
Safety Act of 1969 (83 Stat. 742).
priate, investigating threatened mine
State program or the Secretary where the
(3) The Federal Water Pollution Control
closures or reductions in employment
Secretary is administering this Act under a
Act (79 Stat. 903), as amended, the State
allegedly resulting from such enforcement
Federal program;
laws enacted pursuant thereto, or other Fed-
or requirement. Any employee who is dis-
(17) "person" means an individual, part-
eral laws relating to preservation of water
charged or laid off, threatened with dis-
nership, association, society, joint stock com-
quality.
charge or layoff, or otherwise discriminated
pany, firm, company, corporation, or other
(4) The Clean Air Act, as amended (42
against by any person because of the alleged
business organization:
U.S.C. 1857).
results of the enforcement or requirement of
(18) "permit" means a permit to conduct
(5) The Solid Waste Disposal Act (42
this Act, or any representative of such em-
surface coal mining and reclamation opera-
U.S.C. 3251).
ployee, may request the Secretary to conduct
tions issued by the State regulatory author-
(6) The Refuse Act of 1899 (33 U.S.C. 407).
a full investigation of the matter. The Sec-
ity pursuant to a State program or by the
77) The Fish and Wildlife Coordination
retary shall thereupon investigate the mat-
Secretary pursuant to a Federal program;
Act of 1934 (16 U.S.C. 661-666c).
ter, and, at the request of any interested
(19) "permit applicant" or "applicant"
(b) Nothing in this Act shall affect in any
party, shall hold public hearings on not less
means a person applying for a permit;
than five days' notice, and shall at such
way the authority of the Secretary or the
(20) "permittee" means a person holding
heads of other Federal agencies under other
hearings require the parties, including the
a permit;
provisions of law to include in any lease, li-
employer involved, to present information
(21) "fund" means the Abandoned Mine
cense, permit, contract, or other instrument
relating to the actual or potential effect of
Reclamation Fund established pursuant to
such conditions as may be appropriate to
such limitation or order on employment and
section 401;
regulate surface coal mining and reclamation
on any alleged discharge, layoff, or other dis-
(22) "other minerals" means clay, stone,
operations on lands under their jurisdiction.
crimination and the detailed reasons or
sand, gravel, metalliferous and nonmetalli-
(c) To the greatest extent practicable each
justification therefor. Any such hearing shall
ferous ores, and any other solid material or
Federal agency shall cooperate with the Sec-
be of record and shall be subject to section
substances of commercial value excavated in
retary and the States in carrying out the
54 of title 5 of the United States Code. Upon
solid form from natural deposits on or in
provisions of this Act.
receiving the report of such investigation,
the Earth, exclusive of coal and those min-
SEC. 703. (a) No person shall discharge,
the Secretary shall promptly make findings
erals which occur naturally in liquid or gas-
of fact as to the effect of such enforcement
eous form;
or in any other way discriminate against, or
or requirement OR employment and on the
cause to be fired or discriminated against,
(23) "approximate original contour" means
alleged discharge, layoff, or discrimination
any employee or any authorized representa-
that surface configuration achieved by back-
and shall make such recommendations as
tive of employees by reason of the fact that
filling and grading of the mined area so
such employee or representative has filed,
he deems appropriate. Such report, findings,
that it closely resembles the surface con-
and recommendations shall be available to
instituted, or caused to be filed or instituted
figuration of the land prior to mining and
the public. Nothing in this subsection shall
any proceeding under this Act, or has testi-
blends into and complements the drainage
be construed to require or authorize the
fied or is about to testify in any proceeding
pattern of the surrounding terrain, with all
Secretary or a State to modify or withdraw
resulting from the administration or en-
highwalls, spoil piles, and depressions elim-
forcement of the provisions of this Act.
any enforcement action or requirement.
inated except that water impoundments may
be permitted where the regulatory authority
(b) Any employee or a representative of
PROTECTION OF GOVERNMENT EMPLOYEES
employees who believes that he has been
SEC. 704. Section 1114, title 18, United
determines that they are in compliance with
section 515(b) (8) of this Act;
fired or otherwise discriminated against by
States Code, is hereby amended by adding the
any person in violation of subsection (a)
words "or of the Department of the Interior"
(24) "operator" means any person, part-
of this section may, within thirty days after
after the worlds "Department of Labor" con-
nership, or corporation engaged in coal min-
such alleged violation occurs, apply to the
tained in that section.
ing who removes or intends to remove more
Secretary for a review of such firing or
GRANTS TO THE STATES
than two hundred and fifty tons of coal from
alleged discrimination. A copy of the applica-
the earth by coal mining within twelve con-
SEC. 705. (a) The Secretary is authorized
tion shall be sent to the person or operator
to make annual grants to any State for the
1902
CONGRESSIONAL RECORD HOUSE
March 18, 1975
purpose of assisting such State in develop-
STUDY OF RECLAMATION STANDARDS FOR SURFACE
sections (c) and (d) as may be requested by
ing, administering, and enforcing State pro-
MINING OF OTHER MINERALS
the Indian tribe in such leases.
grams under this Act. Such grants shall not
Sec. 709. (a) The Chairman of the Council
(f) Any change required by subsection (c)
exceed 80 per centum of the total costs in-
on Environmental Quality is directed to con-
or (d) of this section in the terms and oon-
curred during the first year, 60 per centum
tract with the National Academy of Sciences-
ditions of any coal lease on Indian lands
of total costs incurred during the second
National Academy of Engineering, other Gov-
existing on the date of enactment of this
year. and 40 per centum of the total costs in-
ernment agencies or private groups as appro-
Act, shall require the approval of the Sec-
curred during the third and fourth years.
priate, for an in-depth study of current and
retary.
(b) The Secretary is authorized to cooper-
developing technology for surface and open
(g) The Secretary shall provide for ade-
ate with and provide assistance to any State
pit mining and reclamation for minerals
quate participation by the various Indian
for the purpose of assisting it in the devel-
other than coal designed to assist in the 68-
tribes affected in the study authorised in this
opment, administration, and enforcement
tablishment of effective and reasonable regu-
section and not more than $700,000 of the
of its State programs. Such cooperation and
lation of surface and open pit mining and
funds authorised in section 712(a) shall be
assistance shall include—
reclamation for minerals other than coal,
reserved for this purpose.
(1) technical assistance and training in-
with a primary emphasis upon oil shale and
ENPERIMENTAL PRACTICES
cluding provision of necessary curricular and
tar sands reserves. The study shall-
instruction materials, in the development,
(1) assess the degree to which the re-
SEC. 711. In order to encourage advances
administration, and enforcement of the State
quirements of this Act can be met by such
in mining and reclamation practices, the
programs; and
technology and the costs involved;
regulatory authority may authorize depar-
(2) identify areas where the requirements
tures in individual cases on an experimental
(2) assistance in preparing and maintain-
of this Act cannot be met by current and
basis from the environmental protection per-
ing & continuing inventory of information
on surface coal mining and reclamation op-
developing technology;
formance standards promulgated under sec-
erations for each State for the purposes of
(3) in those instances describe require-
tions 515 and 516 of this Act. Such depar-
ments most comparable to those of this Act
tures may be authorized if (1) the experi-
evaluating the effectiveness of the State pro-
grams. Such assistance shall include all Fed-
which could be met, the costs involved, and
mental practices are potentially more or at
the differences in reclamation results be-
least as environmentally protective, during
eral departments and agencies making avail-
tween these requirements and those of this
and after mining operations, as thom re-
able data relevant to surface coal mining and
reclamation operations and to the develop-
Act; and
quired by promulgated standards; (ii) the
ment, administration, and enforcement of
(4) discuss alternative regulatory mecha-
mining operation to no larger than necessary
nisms designed to insure the achievement of
to determine the effectiveness and economic
State programs concerning such operations.
the most beneficial post-mining land use for
feasibility of the experimental practices; and
ANNUAL REPORT
areas affected by surface and open-pit min-
(iii) the experimental practices do not re-
SEC. 706. The Secretary shall submit an-
ing.
duce the protection afforded public health
nually to the President and the Congress a
(b) The study together with specific leg-
and safety below that provided by prenrul-
report concerning activities conducted by
islative recommendations shall be submitted
gated standards.
him, the Federal Government, and the States
to the President and the Congress no later
AUTHORIZATION OF APPROPRIATIONS
pursuant to this Act. Among other matters,
than eighteen months after the date of en-
SEC. 712. There is authorized to be appro-
the Secretary shall include in such report
actment of this Act: Provided, That with
priated to the Secretary for the purposes of
recommendations for additional administra-
respect to surface or open pit mining for
this Act the following sums, and all such
tive or legislative action as he deems neces-
sand and gravel the study shall be submitted
funds appropriated shall remain available
sary and desirable to accomplish the purposes
no later than twelve months after the date
until expended:
of this Act.
of enactment of this Act.
(a) For the implementation and funding
SEVERABILITY
(c) There are hereby authorized to be
of sections 502, 532, 405(b) (3), and 710, con-
SEC. 707. If any provision of this Act or the
appropriated for the purpose of this section
tract authority is granted to the Secretary of
applicability thereof to any person or circum-
$500,000.
the Interior for the sum of $10,000,000 to be-
stance is held invalid, the remainder of this
INDIAN LANDS
come available immediately upon enactment
Act and the application of such provision to
SEC. 710. (a) The Secretary is directed to
of this Act and $10,000,000 for each of the
other persons or circumstances shall not be
study the question of the regulation of sur-
two succeeding fiscal years.
affected thereby.
face mining on Indian lands which will
(b) For administrative and other purposes
achieve the purpose of this Act and recog-
of this Act, except as otherwise provided for
ALASKAN SURFACE COAL MINE STUDY
Smc. 708. (a) The Secretary is directed to
nize the special jurisdictional status of these
in this Act, authorization is provided for the
lands. In carrying out this study the Secre-
sum of $10,000,000 for the fiscal year ending
contract with the National Academy of Sci-
June 30, 1975, for each of the two succeeding
ences-National Academy of Engineering for
tary shall consult with Indian tribes. The
fiscal years the sum of $20,000,000 and $30,-
an in-depth study of surface coal mining
study report shall include proposed legis-
000,000 for each fiscal year thereafter.
conditions in the State of Alaska in order
lation designed to allow Indian tribes to
to determine which, if any, of the provisions
elect to assume full regulatory authority
RESEARCH AND DEMONSTRATION PROJECTS ON
over the administration and enforeement of
ALTERNATIVE COAL MINING TECHNOLOGIES
of this Act should be modified with respect
to surface coal mining operations in Alaska.
regulation of surface mining of coal on In-
SEC. 713. (a) The Secretary is authorized
dian lands.
to conduct and promote the coordination
(b) The Secretary shall report on the find-
ings of the study to the President and Con-
(b) The study report required by subsec-
and acceleration of, research, studies, sur-
tion (a) together with drafts of proposed
veys, experiments, demonstration projects,
gress no later than two years after the date
of enactment of this Act.
legislation and the view of each Indian tribe
and training relating to-
(c) The Secretary shall include in his re-
which would be affected shall be submitted
(1) the development and application of
port a draft of legislation to implement any
to the Congress as soon as possible but not
coal mining technologies which provide
later than January 1, 1976.
alternatives to surface disturbance and which
changes recommended to this Act.
(c) On and after one hundred and thirty-
maximizes the recovery of available coal re-
(d) Until one year after the Secretary has
made this report to the President and Con-
five days from the enactment of this Act, all
sources, including the improvement of pres-
surface coal mining operations on Indian
ent underground mining methods, methods
gress, or three years after the date of enact-
ment of this Act, whichever comes first, the
lands shall comply with requirements at
for the return of underground mining
least as stringent as those imposed by sub-
wastes to the mine void, methods for the
Secretary is authorized to suspend the appli-
cability of any provision of this Act, or any
section 515(b) (2), 515(b) (3), 515(b) (5),
underground mining of thick coal seams and
515(b) (10), 515(b) (13), 515(b) (19), and
very deep seams; and
regulation issued pursuant thereto, to any
surface coal mining operation in Alaska from
515(d) of this Act and the Secretary shall
(2) safety and health in the application
which coal has been mined during the year
incorporate the requirements of such pro-
of such technologies, methods, and means.
preceding enactment of this Act if he deter-
visions in all existing and new leases issued
b) In conducting the activities authorized
for coal on Indian lands.
by this section, the Secretary may enter into
mines that it is necessary to insure the con-
(d) On and after thirty months from the
contracts with and make grants to qualified
tinued operation of such surface coal mining
enactment of this Act, all surface coal min-
institutions, agencies, organizations, and per-
operation. The Secretary may exercise his
sons.
suspension authority only after he has (1)
ing operations on Indian lands shall com-
published a notice of proposed suspension
ply with requirements at least as stringent
(c) There are authorized to be appropri-
in the Federal Register and in a newspaper
as those. imposed by sections 507, 508, 509,
ated to the Secretary, to carry out the pur-
of general circulation in the area of Alaska
510, 515, 516, 517, and 519 of this Act and
poses of this section, $35,000,000 for each
in which the affected surface coal mining op-
the Secretary shall incorporate the require-
fiscal year beginning with the fiscal year
eration is located, and (2) held a public
ments of such provisions in all existing and
1976, and for each year thereafter for the
hearing on the proposed suspension in
new leases issued for coal on Indian lands.
next four years.
Alaska.
(e) With respect to leases issued after the
SURFACE OWNER PROTECTION
(e) There is hereby authorized to be ap-
date of enactment of this Act, the Secretary
SEC. 714. (a) The provisions and proce-
propriated for the purpose of this section
shall include and enforce terms and con-
dures specified. in this section shall apply
$250,000.
ditions in addition to those required by sub-
where coal owned by the United States under
March 18, 1975
CONGRESSIONAL RECORD-HOUSE
1003
land the surface rights to which are owned
lossee shall pay such increased amount to
cordance with the procedures not out in
by a surface owner as defined in this section
the Secretary to be paid over to the surface
subsections 518(b), 518(c), 518(d), and
is to be mined by methods other than under-
owner. Upon the release of the performance
518(e) of this Act.
ground mining techniques. In order to mini-
bonds or deposits under section 519, or at
(n) Any Federal coal lease issued subject
mize disturbance to surface owners from sur-
an earlier time as may be determined by the
to the provisions of this section shall be
face coal mining of Federal coal deposits,
Secretary, all rights to enter into and use
automatically tesminated If the lessee, before
the Secretary shall, in his discretion but, to
the surface of the land subject to such lease
or after issuance of the lease, gives, offers or
the maximum extent practicable, refrain
shall revert to the surface owner.
promises anything of value to the surface
from leasing such coal deposits for develop-
(g) For the purpose of this section the
owner or offers or promises to any surface
ment by methods other than underground
term "surface owner" means the natural
owner to give anything of value to any other
mining techniques.
person or persons (or corporation, the ma-
person or entity in order to (1) induce B11
(b) Any coal deposits subject to this Bec-
jority stock of which is held by a person or
surface owner to give the Secretary his writ-
tion shall be offered for lease pursuant to
persons who meet the other requirements
ten consent pursuant to this section, or (2)
section 2(a) of the Mineral Leasing Act of
of this section) who-
compensate such surface owner for giving
1920 (30 U.S.C. 201a), except that no award
(1) hold legal or equitable title to the
such consent. All bonuses, royalties, rents
shall be made by any method other than
land surface;
and other payments made by the lessee shall
competitive bidding.
(2) have their principal place of residence
be retained by the United States.
(c) Prior to placing any deposit subject to
on the land; or personally conduct farming
(o) The provisions of this section shall
this section in a leasing tract, the Secretary
or ranching operations upon a farm or ranch
become effective on February 1, 1976. Until
shall give to any surface owner whose land
unit to be affected by surface coal mining
February 1, 1976, the Secretary shall not lease
is to be included in the proposed leasing
operations; or receive directly a significant
any coal deposits owned by the United States
tract actual written notice of his intention to
portion of their income, if any, from such
under land the surface rights to which are
place such deposits under such land in a
farming or ranching operations; and
not owned by the United States, unless the
leasing tract.
(3) have met the conditions of paragraphs
Secretary has his possession a document
(d) The Secretary shall not enter into
(1) and (2) for a period of at least three years
which demonstrates the acquiescenee prior
any lease of such coal deposits until the
prior to the granting of the consent.
to December 3, 1974, of the owner of the sur-
surface owner has given written consent and
In computing the three-year period the Sec-
face rights to the extraction of minerals
the Secretary has obtained such consent, to
retary may include periods during which title
within the boundaries of his property by cur-
enter and commence surface mining opera-
was owned by a relative of such person by
rent surface coal mining methods.
tions, and the applicant has agreed to pay
blood or marriage during which period such
FEDERAL LESSEE PROTECTION
in addition to the rental and royalty and
relative would have met the requirements of
SEC. 715. In those instances where the coal
other obligations due the United States the
this subsection.
proposed to be mined by surface coal min-
money value of the surface owner's interest
(h) Where surface lands over coal subject
ing operations is owned by the Federal Gov-
as determined according to the provisions
to this section are owned by any person who
ernment and the surface is subject to a lease
of section (e).
meets the requirements of paragraphs (1)
or a permit issued by the Federal Govern-
(e) The value of the surface owner's in-
and (2) of subsection (g) but who does not
ment, the application for a permit shall in-
terest shall be fixed by the Secretary based
meet the requirements of paragraph (3) of
clude either:
on appraisals made by three appraisers. One
subsection (g). the Secretary shall not place
(1) the written consent of the permittee
such appraiser shall be appointed by the
such coal deposit in a leasing tract unless
or lessee of the surface lands involved to
Secretary, one appointed by the surface own-
such person has owned such surface lands for
enter and commence surface coal mining op-
er concerned, and one appointed jointly by
a period of three years. After the expiration
erations on such land. or in lieu thereof;
the appraisers named by the Secretary and
of such three-year period such coal deposit
(2) evidence of the execution of a bond or
such surface owner. In computing the value
may be leased by the Secretary, provided that
undertaking to the United States or the State,
of the surface owner's interest, the apprais-
if such person qualifies as a surface owner as
whichever is applicable, for the use and
ers shall first flx and determine the fair
defined by subsection (g) his consent has
benefit of the permittee or lessee of the sur-
market value of the surface estate and they
been obtained pursuant to the procedures set
face lands involved to secure payment of any
shall then determine and add the value of
forth in this section.
damages to the surface estate which the op-
such of the following losses and costs to the
(1) Nothing in this section shall be con-
erations will cause to the crops, or to the
extent that such losses and costs arise from
strued as increasing or diminishing any prop-
tangible improvements of the permittee or
the surface coal mining operations:
erty rights held by the United States or by
lessee of the surface lands as may be deter-
(1) loss of income to the surface owner
any other land owner.
mined by the parties involved, or as deter-
during the mining and reclamation process;
(1) The determination of the value of the
mined and fixed in an action brought against
(2) cost to the surface owner for reloca-
surface owner's interest fixed pursuant to
the operator or upon the bond in a court of
tion or dislocation during the mining and
subsection (e) or any adjustment to that
competent jurisdiction. This bond is in addi-
reclamation process;
determination made pursuant to subsection
tion to the performance bond required for
(3) cost to the surface owner for the loss
(f) shall be subject to judicial review only
reclamation under this Act.
of livestock, crops, water or other improve-
in the United States district court for the
ments;
locality in which the leasing tract is located.
WATER RIGHTS
(4) any other damage to the surface rea-
(k) At the end of each two-year period
SEC. 716. Nothing in this Act shall be con-
sonably anticipated to be caused by the sur-
after the date of enactment of this Act, the
strued as affecting in any way the right of
face mining and reclamation operations; and
Secretary shall submit to the Congress a re-
any person to enforce or protect, under ap-
(5) such additional reasonable amount of
port on the implementation of the Federal
plicable State law, his interest in water re-
compensation as the Secretary may deter-
coal leasing policy established by this sec-
sources affected by a surface coal mining
mine is equitable in light of the length of
tion. The report shall include a list of the
operation.
the tenure of the ownership: Provided, That
surface owners who have (1) given their con-
Mr. UDALL (during the reading). Mr.
such additional reasonable amount of com-
sent, (2) received payments pursuant to this
pensation may not exceed the value of the
section, (3) refused to give consent, and (4)
Chairman, I ask unanimous consent that
losses and costs as established pursuant to
the acreage of land involved in each cate-
title VII be considered as read, printed
this subsection and in paragraphs (1)
gory. The report shall also indicate the Sec-
in the RECORD, and open to amendment
through (4) above, or one hundred dollars
retary's views on the impact of the leasing
at any point.
($100.00) per acre, whichever is less.
policy on the availability of Federal coal to
The CHAIRMAN. Is there objection to
(f) All bids submitted to the Secretary
meet national energy needs and on receipt
the request of the gentleman from
for any such lease shall, in addition to any
of fair market value for Federal coal.
Arizona?
rental or royalty and other obligations, be
(1) This section shall not apply to Indian
accompanied by the deposit of an amount
lands.
There was no.objection.
equal to the value of the surface owner's
(m) Any person who gives, offers or prom-
The CHAIRMAN. Are there any
interest computed under subsection (e). The
ises anything of value to any surface owner
amendments to title VII?
Secretary shall pay such amount to the sur-
or offers or promises any surface owner to
Mr. JDALL. Mr. Chairman, I move to
face owner either upon the execution of such
give anything of value to any other person or
strike the last word.
lease or upon the commencement of mining,
entity in order to induce such surface owner
Title VII is the last title. We are aware
or shall require posting of bond to assure
to give the Secretary his written consent pur-
of maybe a half dozen amendments, none
installment payments over a period of years
suant to this section, and any surface owner
acceptable to the surface owner, at the option
of them very controversial, as far as I am
who accepts, receives, or offers or agrees to
of the surface owner. At the time of initial
concerned.
receive anything of value for himself or any
payment, the surface owner may request a
other person or entity, in return for giving
There have been some printed in the
review of the initial determination of the
his written consent pursuant to this section
CONGRESSIONAL RECORD relating to this
amount of the surface owner's interest for
shall be subject to a civil penalty of one and
title, and if there were a limitation of
the purpose of adjusting such amount to
a half times the monetary equivalent of the
time those amendments would be pro-
reflect any increase in the Consumer Price
thing of value. Such penalty shall be as-
tected, or the sponsors who want to
Index since the initial determination. The
sessed by the Secretary and collected in ac-
could have the full 5 minutes. In light of
H 1904
CONGRESSIONAL RECORD - HOUSE
March 18, 1975
that, Mr. Chairman, I ask unanimous
(B) within 90 days issue a specific written
ments in these river systems. In the
consent that all debate on title VII and
finding as to the cause of the water loss in
Colorado Basin, this affects the States of
all debate on the bill and all amendments
quantity or quality, if any;
California, Arizona, Utah, and Colorado.
thereto close not later than 5:30.
(C) order the mining operator to replace
the water within a reasonable time in like
In the Missouri Basin, this affects Mon-
The CHAIRMAN. Is there objection to
quality, quantity, and duration if the loss
tana, Wyoming, Colorado, North Da-
the request of the gentleman from
is caused by the surface coal mining opera-
kota, South Dakota, Nebraska, Kansas,
Arizona?
tions, and require the mining operator to
Iowa, and Missouri.
There was no objection.
compensate the owner of the water right
Beyond that, I simply ask my eastern
AMENDMENT OFFERED BY MR. MELCHER
for any damages he has sustained by rea-
colleagues to heed the words of North
son of said loss; and
Dakota Governor Arthur Link. Gove
Mr. MELCHER Mr. Chairman, I offer
(D) order the suspension of the operator's
nor Link has said:
an amendment.
permit if the operator fails to comply with
The Clerk read as follows:
any order issued pursuant to subparagraph
People representing the cities have as great
Amendment offered by Mr. MELCHER: On
(C).
a stake in the restoration of this land as the
people of North Dakota. From those lands
page 312, after line 2, add the following new
(Mr. EVANS of Colorado asked and was
come the food and fiber their constituents
subsection (11) and renumber the succeed-
given permission to revise and extend
will need long after the coal is removed.
ing subsections:
his remarks.)
"(11) The term Indian lands program'
The people I represent will remain in
means a program established by an Indian
Mr. EVANS of Colorado. Mr. Chair-
Colorado after the strippable coal is gone
tribe pursuant to title VI to regulate surface
man, my amendment will strengthen the
and the coal companies move elsewhere.
mining and reclamation operations for coal,
provisions protecting owners of water
It is my hope in sponsoring these amend-
whichever is relevant, on Indian lands under
rights.
ments that we can help insure that our
its jurisdiction in accordance with the re-
The first subsection would require the
friends from other States can still come
quirements of this Act and the regulations
coal operator to either secure the written
issued by the Secretary pursuant to this
to enjoy the natural beauty and bounty
consent of all owners of water rights rea-
Act."
of our Rocky Mountain States in the
sonably anticipated to be affected by the
future.
Mr. MELCHER. Mr. Chairman, this
surface coal mining operation, or show
Mr. UDALL Mr. Chairman, if the gen-
amendment contains the identical lan-
evidence of the capability and willingness
tleman will yield, I would like to ask the
guage that was in the House-passed bill
to -provide substitute water supply, at
gentleman from Colorado a question, if
last year as that bill contained the In-
least equal in quality, quantity, and du-
I may.
dian lands program. Now that we have
ration to the affected water rights of
Mr. EVANS of Colorado. I am happy to
adopted an amendment, that puts the
such owners.
yield to the gentleman from Arizona.
Indian lands program back into our
The second subsection allows an owner
Mr. UDALL. Mr. Chairman, I am in-
present bill, it is appropriate now that
of water rights adversely affected to file a
clined to support this amendment. As
we reinsert this definition as to the In-
complaint with the regulatory authority
the gentleman from Colorado knows, the
dian lands program in this bill.
detailing his loss in water quality and
question of water rights in the West is a
Mr. UDALL. Mr. Chairman, if the gen-
quantity. The regulatory agency would
very sensitive one. We provide in the bill
tleman will yield, I would ask the gentle-
investigate the complaint and issue a
on page 221 in section 505(c) that noth-
man from Montana if it is not a fact
written finding as to cause of the loss,
ing in the act shall be construed to af-
that the proposed amendment conforms
if any, in water quality and quantity.
fect water rights under existing State
the bill so far as the amendment that
If the mining operator is found to be at
law. This was one of the basic compro-
was just adopted?
fault, the regulatory authority would
mises. We are leaving that that every
Mr. MELCHER. That is correct.
order the mining operator to replace the
State shall determine its water rights.
Mr. UDALL. Mr. Chairman, I support
water within a reasonable time and com-
Accepting this amendment, I would like
the amendment.
pensate the owner of the water right for
it clearly understood that the amend-
Mr. MELCHER. I thank the gentle-
any damages he has sustained by reason
ment does not change section 505(c) and
man.
of said loss. The mining operator's per-
that there is no intention here to deprive
The CHAIRMAN. The question is on
mit would be suspended by the regula-
the States of the right to determine
the amendment offered by the gentle-
tory authority if he did not comply with
water rights.
man from Montana (Mr. MELCHER).
any such order.
Mr. EVANS of Colorado. The gentle-
The amendment was agreed to.
This amendment is moderate and a
man from Arizona is absolutely correct.
AMENDMENT OFFERED BY MR. EVANS OF
matter of simple justice. If a coal op-
The CHAIRMAN. The question is on
COLORADO
erator cannot get the written consent of
the amendment offered by the gentleman
Mr. EVANS of Colorado. Mr. Chair-
an affected owner of water rights, he can
from Colorado (Mr. EVANS).
man, I offer an amendment.
still proceed if he can show evidence of a
The amendment was agreed to.
The Clerk read as follows:
willingness and capability to provide a
AMENDMENT OFFERED BY MR. HECHLER OF
Amendment offered by Mr. EVANS of
substitute water supply. In the West,
WEST VIRGINIA
Colorado: on page 336, after line 7, insert
water is essential to ranchers and
farmers who depend on scarce supplies.
Mr. HECHLER of West Virginia. Mr.
the following:
If you deprive a man of his water, you
Chairman, I offer an amendment.
PROTECTION OF WATER RIGHTS
deprive him the opportunity to earn a
The Clerk read as follows:
SEC. 717. (a) In those instances in which
livelihood for himself and his family.
Amendment offered by Mr. HECHLER of
1t is determined that a proposed surface coal
Without my amendments, I am afraid
West Virginia: On page 328, between lines
mining operation is likely to adversely affect
the hydrologic balance of water on or off
that this bill would be an expression of
13 and 14, insert the following new subsec-
tion:
site, or diminish the supply or quality of
congressional judgment that the surface
"(d) at least 60 days before any funds are
such water, the application for a permit
mining of coal should be of the highest
obligated for any research studies, surveys,
shall include either-
priority ahead of other uses of land and
experiments or demonstration projects to be
(1) the written consent of all owners of
water. In the arid and semiarid parts of
conducted or financed under this Act in any
water rights reasonably anticipated to be
the country, I believe such a conclusion
fiscal year, the Secretary in consultation with
affected: or
would result in irretrievable loss of vast
the Administrator of the Energy Research
(2) evidence of the capability and willing-
areas of agriculturally productive land.
and Development Administration and the
ness to provide substitute water supply, at
heads of other Federal agencies having the
least equal in quality, quantity, and dura-
These amendments are designed to
authority to conduct or finance such projects,
tion to the affected water rights of such
protect the water resources of the West,
shall determine and publish such determina-
owners.
but they could also have an impact
tions in the Federal Register that such prof-
(b) (1) An owner of water rights adversely
reaching far beyond the western coal
ects are not being conducted or financed
affected may file a complaint detailing the
lands. If your State depends on water
by any other Federal agency. On March 1
loss in quantity or quality of his water with
from the Missouri or Colorado River
of each calendar year, the Secretary shall
the regulatory authority.
basis for municipal, industrial, or agri-
report to the Congress on the research stud-
(2) Upon receipt of such complaint the
ies, surveys, experiments or demonstration
cultural uses, you should share our con-
regulatory authority shall-
projects, conducted or financed under this
cern about the possibility of diminishing
(A) investigate such complaint using all
Act, including, but not limited to, a state-
available information including the monitor-
the water flow and increasing the dis-
ment of the nature and purpose of such prof-
ing.data gathered pursuant to section 517;
solved salts, chemicals, metals and sedi-
ect, the Federal cost thereof, the identity
March 18, 1975
CONGRESSIONAL RECORD HOUSE
1905
and affiliation of the persons engaged in such
sequential vote which indicates opposi-
But it would seem to me unreasonable to
projects, the expected completion date of the
tion to his position by the Committee of
provide a very special exemption for the
projects and the relationship of the projects
the Whole.
State of Alaska, and I urge support for
to other such projects of a similar nature.
"(e) subject to the patent provisions of
Mrs. MINK. Mr. Chairman, if the gen-
this amendment, to restore fairness and
section 306(d) of this Act, all information
tleman will yield, there has been much
equity in this case.
and data resulting from any research studies,
concern exhibited here about possible
Mr. UDALL Mr. Chairman, I rise in
surveys, experiments, or demonstration proj-
duplication of research. We had a sec-
opposition to the amendment.
ects conducted or financed under this Act
tion on research dealing with deep min-
Mr. Chairman, we tried very hard in
shall be promptly made available to the pub-
ing in the belief that a great deal of
this bill to write a national uniform
lic."
research needs to be done about mining,
coal surface mining bill. I think we sue-
Mr. HECHLER of West Virginia (dur-
but in view of the concern of this House
ceeded. We also tried to give special con-
ing the reading). Mr. Chairman, I ask
about the duplication of research which
sideration where there were conditions
unanimous consent that further reading
might be undertaken by ERDA, I believe
that required it. As the gentlewoman
of the amendment be dispensed with and
the gentleman's amendment will meet
from Hawaii (Mrs. MINK) pointed out
that it be printed in the RECORD.
this problem and will require the Secre-
earlier, we approved special arrange-
The CHAIRMAN. Is there objection
tary of the Interior to consult with
ments for the anthracite region of Penn-
to the request of the gentleman from
ERDA and require publication in the
sylvania.
West Virginia?
Federal Register and also require that
My friend, the gentleman from Wyo-
There was no objection.
these contracts and grants be reported
ming (Mr. ROMICALIO) had a difficult
Mr. HECHLER of West Virginia. Mr.
to the Congress on March 1. I believe
special kind of problem in Wyoming and
Chairman, on yesterday there was col-
this would meet the problems that have
we wrote a section in for that.
loquy in which the gentleman from Penn-
been raised and I support the amend-
The third area was the State of Alaska.
sylvania (Mr. MYERS) and the gentle-
ment offered by the gentleman.
Alaska is a different situation because
woman from New Jersey (Mrs. FENWICK)
Mr. HECHLER of West Virginia. I wel-
of the climate, because of the very celd
raised the point that there was duplica-
come the support of the gentlewoman
weather. A lot of the coal is burled under
tion in funds for research and develop-
from Hawaii and I thank her for it.
the tundra. This does not amount to very
ment. My amendment merely tried to
The CHAIRMAN. The question is on
much.
guarantee that the Secretary of the In-
the amendment offered by the gentle-
Also, there is only one existing coal
terior in consultation with the Adminis-
man from West Virginia.
mine in the entire State of Alasks. Un-
trator of ERDA indicate and publish in
The amendment was agreed to.
der the bill it can continue to operate.
the Federal Register that the projects
The CHAIRMAN. Are there further
We have asked the Interior Department
funded are not to be conducted or fi-
amendments to title VII?
to work with the National Academy of
nanced by any other Federal agency.
AMENDMENT OFFERED BY MR. HECHLER OF
Science to report back to us with respect
Further, it would provide a reporting
WEST VIRGINIA
to their problems and whether the regu-
process so that on March 1 of each cal-
Mr. HECHLER of West Virginia. Mr.
lar provisions of this bill ought to apply.
endar year the Secretary of the Interior
Chairman, I offer an amendment, a very
During that time the Secretary has
shall report to Congress on the research
simple little amendment.
the right to suspend certain provisions
studies that are financed under this act. I
The Clerk read as follows:
of this bill if he holds public hearings
think this takes care of the point which
Amendment offered by Mr. HECHLER of
and he determines that they are not
was raised during yesterday's colloquy.
West Virginia: Beginning on page 321, line
applicable; but that only applies dur-
In addition, my amendment also in-
23, strike section 708 inclusive.
ing the period of this study and while
sures that the results of federally funded
Congress can act.
research be made available to the public,
Mr. HECHLER of West Virginia. Mr.
We think we have a balanced bill here
within the limitations of the patent laws
Chairman, section 708 provides for a
and we hops the amendment will be
and other legislation.
study of Alaskan surface coal mines.
defeated.
Mr. STEIGER of Arizona. Mr. Chair-
This study is to be directed by the See-
man, I rise in opposition to the amend-
retary of the Interior with the National
Mr. YOUNG of Alaska. Mr. Chairman,
I rise in opposition to the amendment.
ment.
Academy of Sciences and the National
Academy of Engineering and is to take
(Mr. YOURG of Alaska asked and was
As a matter of fact, I do so, so as not
2 years. The Secretary of the Interior is
given permission to revise and extend his
to frighten my colleague, the gentleman
from West Virginia, by agreeing that I
only authorized to apply the provisions
remarks.)
understand what my colleague is trying
of this act 1 year following the comple-
Mr. YOUNG of Alaska. Mr. Chairman,
to do. But I would submit that on a prag-
tion of the 2-year study.
I thank the gentleman from Arizona for
matic basis, the requirements in my
It seems to me the subject of surface
the position he has taken and the fact
friend's amendment are such that they
mining has been studied to death. As
that we had extensive discussion in this
the gentleman from Arizona (Mr.
committee.
assume that all agencies in government
will read the Federal Register, which is
STEIGER) knows, I took a very stremg
I do represent the State of Alaska as
position against a special exemption for
its only Congressman. We do have a
an assumption that, of course, if they
did, they would obviously accomplish
the anthracite industry. It would seem
unique problem. We have only one coal
nothing else. So I would simply tell my
to me he should thereby support strik-
mine in production that is providing the
friend that there is really no way to de-
ing what is in effect special treatment in
necessary energy to an area that has a
fend against what my friend is trying
this bill for the State of Alaska. We cer-
high pollution problem right now due to
to defend against.
tainly got no special treatment for the
the lack of cheap electricity. This coal
In my view, there is no way to defend
State of West Virginia and for other
mine is a widemouth operation. Let me
against the duplication my friend is try-
mountain people who suffer the most
say to the House that under the present
ing to defend against. This would, in-
from strip mining.
bill we are not sure how or if we can
deed, require at least the employment of
This bill provides in section 708 that
operate.
six or seven Federal Register readers in
the Secretary is authorized to suspend
The gentleman from West Virginia has
each agency just to comply.
the applicability of any provision of this
stated that we have studied strip min-
I do not think my friend wants to
act for 1 year following the conclusion
ing to death, and that might be true,
add that burden to this economy, so I
of this study. The State of Alaska, just
but we have not studied the effect that
would hope we would oppose the amend-
like any of the other 50 States, can come
this legislation will have in Alaska. We
ment, not because of the spirit of the
up with a program and its program is
have a law of our own in Alaska.
matter but because of the pragmatism
subject to review of course by the Secre-
I am asking that this amendment,
about the realization of the fulfillment of
tary of the Interior. I do not see why we
which has been adopted twice and is a
the effort here.
have to study for 2 years and then have
fair compromise be accepted so that we
to suspend the act for 1 additional year
Mr. HECHLER of West Virginia. Mr.
can find out how to operate if these con-
beyond that, although I must admit that
Chairman, if the gentleman will yield, I
ditions should be the law. I am pleased
this bill is the product of very delicate
hope the gentleman's position on this
with what the committee has done. The
compromise among the various segments
amendment will be followed by the usual
exemptions that have been allowed and
of this committee and of this Congress.
the attempt to arrive at a justifiable and
H 1906
CONGRESSIONAL RECORD - HOUSE
March 18, 1975
workable bill in Wyoming has been ac-
need to at least double this production
ready seen the results of reckless surface
cepted. This is an amendment that
by 1985 in order to reach our Project
mine development in the Midwest and in
should stay in this bill. Any attempt to
Independence goals.
Appalachia. Valuable croplands have
delete it would be doing a disservice
Unreasonable and unnecessary re-
been destroyed, topsoil has been lost, and
to the State of Alaska.
quirements in H.R. 25, however, would
streams have been polluted with silt and
Mr. STEIGER of Arizona. Mr. Chair-
drastically reduce production. The Fed-
acid mine drainage. Homes have been
man, will the gentleman yield?
eral Energy Administration has pre-
damaged. drinking water sources have
Mr. YOUNG of Alaska. I yield to the
dicted that this legislation could cut coal
been contaminated, and the beauty of our
gentleman from Arizona.
production by 31 to 187 million tons in
Eastern mountains has been marred by
Mr. STEIGER of Arizona. Mr. Chair-
1975. This is almost a third of all U.S.
unsightly highwalls and spoilbanks.
man, I thank the gentleman for yield-
production. By 1980 the loss could be as
Mr. Chairman, as lawmakers, we
ing. Is it not true, as the gentleman pre-
much as 271 million tons per year.
should feel compelled to prevent further
viously stated in the presentation, that
For every ton of coal that is not pro-
such offenses, especially when we know
the committee did, indeed, spend a good
duced from domestic resources we must.
such action will not impair our ability
deal of time discussing this matter, as
import about four barrels of foreign oil.
to produce adequate amounts of coal.
opposed to the discussion of the anthra-
Every ton that is not available because of
The bill which we are considering to-
cite exemption in the committee?
H.R. 25 means more dependence on un-
day insures that the land, after mining
Mr. YOUNG of Alaska. We did discuss
reliable foreign sources.
operations are completed, will be re-
this as recently as 2 weeks ago when
This is not the only adverse effect,
turned to its former uses for both eco-
we reported the bill out. The gentleman
moreover. Another impact would be in
nomic and esthetic reasons. The pro-
from Ohio (Mr. SEIBERLING) was able to
the cost of electricity. Two-thirds of our
posed 35 cents per ton tax on surface
have the bill reported and it came out of
coal is used in the production of elec-
mined coal is only 1.8 percent of the
the committee with very strong support.
tricity. This bill would sharply cut back
average nationwide price for electric
Mr. STEIGER of Arizona. If the
the amount of coal available as well as
utility coal, but it would still generate
gentleman will yield further?
make it more expensive to mine. The
sufficient funds for reclamation of aban-
Mr. YOUNG of Alaska. Yes.
result would be a further increase in con-
doned lands, as well as those newly
Mr. STEIGER of Arizona. I wanted
sumer electric bills.
mined.
to bring out very clearly, this was not a
Congressman UDALL, testifying on be-
All of the provisions of the bill have
simple matter of accepting something
half of an almost identical bill last sum-
been designed to insure that the growth
that was just acceptable to the people of
mer, stated that this legislation would
of the coal mining industry, while meet-
the gentleman's State of Alaska, but
add about 3 to 5 percent to the cost of
ing a large share of our energy needs,
rather language that is acceptable to the
electricity for an average household. The
remains compatible with our immediate
entire committee.
actual cost may be far higher. Electric
and long term environmental goals. I
Therefore, the equation with the an-
bills are already a heavy burden without
urge, therefore, that the House act
thracite situation is a totally improper
piling on needless additional costs.
quickly and decisively to pass this legis-
equation.
Aside from increasing the cost of elec-
lation as our colleagues in the Senate
Mr. YOUNG of Alaska. That is cor-
tricity, we also would be legislating in-
have already done.
rect, and the committee did have a great
creases in the costs of thousands of con-
Mrs. HOLT. Mr. Chairman, there are
amount of input in this session and also
sumer goods. Most manufactured prod-
times when this Congress seems deter-
in the last session. I urge that the
ucts in the Nation today require, at some
mined to aggravate the energy crisis in-
amendment of the gentleman from West
point in the manufacturing process, elec-
stead of helping to alleviate it. H.R. 25,
Virginia be voted down.
tricity generated by coal. Manufacturers
the bill to regulate strip mining, is an ex-
The CHAIRMAN. The question is on
could be expected to pass these cost in-
ample of this curious tendency.
the amendment offered by the gentleman
creases along to the consumer.
It is almost identical to the legislation
from West Virginia (Mr. HECHLER).
Therefore the consumer would be hurt
which the President vetoed late last year
The amendment was rejected.
at least twice by this legi-lation-in his
for very sound reasons. It would place
Mr. ASHBROOK. Mr. Chairman, there
electricity bills and in the price he has
excessive and unwarranted handicaps on
is clearly a need to regulate surface coal
to pay for consumer goods.
the ability to mine our country's vast
mining. We can no longer afford to in-
Yes, legislation to regulate surface coal
coal reserves, which constitute our best
jure our environment without making a
mining is needed. Such legislation, how-
short-range hope for relieving our de-
serious effort to repair the damage.
ever, should strike a reasonable balance
pendence on foreign oil.
I cannot, however, support passage of
between the energy needs and environ-
This legislation, therefore, runs con-
H.R. 25, the Surface Mining Control and
mental concerns of our Nation.
trary to our national interest at a grave
Reclamation Act. Rather than striking
Mr. COHEN. Mr. Chairman, the sur-
time in American history. We are in eco-
a reasonable balance between our eco-
face mining bill before us today is an
nomic trouble, and an expanding coal in-
nomic necessities and our environmental
important piece of legislation which
dustry would provide employment to
concerns, H.R. 25 almost exclusively cen-
should be passed by the House without
many thousands of Americans who oth-
ters its attention on the environment.
further delay. For the past 4 years, the
erwise face the desperate experience of
Such a one-sided approach is à grave
Congress has attempted to draft a bill
unemployment, but this legislation would
mistake. H.R. 25 would sharply reduce
that will provide for America's energy
severely restrict the growth of the coal
coal production at a time when our Na-
needs while preserving our Nation's en-
industry.
tion desperately needs increased energy
vironment. In order to determine the ex-
The legislation also fails on other
sources. It also would cause an increase
tent to which these factors can be recon-
grounds. It ignores the responsibility and
in electricity rates and the price of thous-
ciled and in order to guarantee equity in
excellent work done by the States with
ands of consumer goods.
the legislation, extensive hearings have
regulation of mining to protect the en-
On many occasions I have stressed
been held, and both opponents and pro-
vironment.
that the United States must work toward
ponents have had repeated opportunities
Mr. Chairman, for all the reasons men-
energy independence. The dangers of en-
to express their views. The bill now un-
tioned above, I must vote against this
ergy dependence were vividly brought
der consideration is the product of thous-
bill.
home to us by the Arab oil producing
ands of hours of study and research by.
Mr. WAMPLER. Mr. Chairman, I rise
nations. We must not rely on foreign oil
Members, committee staffs, executive
in opposition to the bill, H.R. 25, the Sur-
supplies in the future.
agencies, industry, environmental groups,
face Mining Control and Reclamation
If we are to achieve energy independ-
and independent consulting organiza-
Act of 1975.
ence, however, we must spur the develop-
tions. In my judgment, this expertise has
During the course of the debate on this
ment of our domestic energy resources.
been utilized effectively to draft sound
bill and the amendments that have been
Coal is an essential-and abundant-part
legislation that will limit the harmful
offered to it, I have placed before the
of those resources. Estimates are that we
effects of strip mining without signifi-
Committee of the Whole House my rea-
have coal reserves of 200 to 400 years.
cantly affecting the price of availability
sons for opposing the various provisions
Our current coal production is ap-
of coal and other minerals.
of the bill and the detrimental effects
proximately 600 million tons a year, half
There can be no doubt that this legis-
they would have on the economy and the
of which comes from surface mining. We
lation is urgently required. We have al-
people of southwestern Virginia.
March 18, 1975
CONGRESSIONAL RECORD HOUSE
1907
In urging a vote against this bill I ask
H.R. 25 fails to protect the people in
tions, one of the most environmentally
each Member of the House to consider
mountain areas, where strip mining and
destructive techniques-section 515(c);
some of the communications I have re-
the law of garvity send soll and spoil
It contains an exception to the pro-
celved in the last several days from the
cascading down the slopes into people's
hibition on dumping spoil on the down-
coal surface miners themselves, the
yards, polluting their water supply, and
slope, for an undefined "initial block or
workers who haul the coal from the
causing irreparable damages. When
short linear cut"-section 515(d) (1)-
mines to the railheads, and some of the
compared to existing State regulatory
this could in effer allow wholesale dump-
small businesses that mine the coul. all
laws, it fulls short of requiring standards
ing of spoil on the downslope resulting in
of whom will be directly affected by puss-
as tough as those found in the best of
landslides. erosion, sedimentation, and
age of this legislation. The following tele-
State laws-which themselves are a far
so forth. In recent mark-up the commit-
grams show their opposition to this bill:
cry from effective legislation. The exist-
tee alleviated the problem slightly by re-
CLINTON, Va., March 17, 1975.
ing legislation in Pennsylvania, Ohio, and
quiring that dumping be "temporary"
Hon. Congressman WAMPLER,
Montana appears to be stronger than
but this does not go far enough. My
House of Representatives,
H.R. 25.
amendment to strengthen this provision
Capitol Hill, D.C.:
I have circulated to my fellow Mem-
was rejected;
Passage of House bill 25 to control stripping
bers of the House of Representatives
The water quality control standards
of coal will in effect ban this industry in
an analysis of the serious weaknesses
are poorly drafted and contain weak
Southwest Virginia, causing wide spread un-
employment in the Appalachia region that
at the time H.R. 25 was reported to the
phrases such as "minimize the disturb-
have had so much of a problem over the years
House, along with specific strengthen-
ance to the prevailing hydrologic bal-
as a depressed area. Your help in helping us
ing amendments necessary to make this
ance" and "avoiding acid or other toxic
who needed so much in times that are already
legislation even minimally effective. I
mine drainage"-section 515(b) (10)-
so hard in the United States will be appre-
indicated I would vote against the pend-
rather than clearly calling for the "pre-
clated. The stripping of coal does not in any
way create a health problem, but brings
ing strip mining bill, unless these
vention" of such drainage;
strengthening amendments were in-
The bill fails to provide adequate pro-
good help to the employees of this industry
that is so much less dangerous than under-
cluded. President Ford and some Mem-
tection for aquifers-there is no prohi-
ground mining.
bers, including the news media, have
bition on mining coal seams which serve
Employees of Monahan Mining Inc., Em-
characterized H.R. 25 as a tough, strict
as aquifers;
ployees JWT Trucking, Inc., Employees
piece of legislation. This is simply not so.
Restrictions on mining near homes,
of Julia N. Coal Co., Employees of
Even with some strengthening amend-
cemeteries, and roads are weak-if the
Charlie Trucking, Inc., Employees The
Big C Coal Company, Employees Syl-
ments, it is still a basically weak piece
operator holds a "valid existing right"
vania Ann Coal, Inc., Employees of
of legislation.
he can then fgnore the restrictions-
C&K Trucking Co., Employees of G
H.R. 25 sets up a disastrous adminis-
section 522(e) (5)
and M Trucking Ine., Employees Tom
trative structure which virtually insures
Bill fails to prohibit strip mining on
V Mining, Inc., Employees K E Mo
that even the weak, loophole-filled stand-
national grasslands, and only protects
Mining Co.
ards drafted into this bill will be dif-
national forests. It is unfortunate the
ficut to enforce to protect the land and
strengthening amendments to these sec-
STERLING MINING CORP.,
the people. The interim period-time be-
tions were rejected;
Wise, Va., March 17, 1975.
fore States take full control-is to be su-
Standards for controlling the surface
Washington, D.C.:
pervised by the production-oriented De-
effects of underground mines are loaded
Urge take action to defeat H.R. 25. Forty-
five people would be unemployed from pas-
partment of the Interior, the same De-
with qualifying phrases such as "to the
sage of H.R. 25.
partment of the Interior which has op-
extent economically feasible" and "to
HERBERT J. MCCELLAND.
posed the legislation and specifically at-
the extent practicable"-section 516(b)
tacked the idea that the Federal Govern-
The reclamation fee, while a sound
PITTSTON COAL Co.,
ment should control any part of the en-
concept, does not adequately deal with
Saint Paul, Va., March 11, 1975.
forcement of the law. Once States have
the need for a differential tax on strip
Hon. WILLIAM C. WAMPLER,
House of Representatives, Capitol Hill, Dis-
submitted their programs and received
and deep mined coal to help equalize the
trict of Columbia:
approval from Interior, the individual
costs between them-present differential
States take over administration and en-
is 35 cents strip-10 cents deep-section
I strongly urge you to vote to send the pro-
posed surface mining bill back to commit-
forcement of the law. The Federal Gov-
(d)-the earlier Seiberling-Dent pro-
tee. In its present form House bill 25 con-
ernment role is limited to backup en-
posals would have made it $1.50 to $3.50
tains provisions limiting the coal industries
forcement, once again delegated to the
strip versus 25 cents deep;
abilities to alleviate the energy shortage. It
Interior Department.
The presmble to the bill sets the tome,
is in the national interest that responsible
It states the purpose as "minimise so
industry and other spokesmen have an op-
The key factor in bringing the strip
far as practicable the adverse social,
portunity to provide the testimony and evi-
mining issue before Congress has been
economic, and environmental effects of
dence necessary for Congress to reach a rea-
the dismal failure of State regulatory ef-
soned conclusion in a deliberative manner.
such mining operations-section 101
forts. Yet this bill gives these same States
The deep coal mining industry cannot absorb
(d);
control-West Virginia for example re-
the tonnage that will be lost by the enact-
The bill exempts anthracite strip min-
jected only 4 of 402 applications for strip
ment of this legislation. The direct conse-
ing from the environmental protection
quences will be that desperately needed
mining permits during 1974. The only
standards, instead requiring only com-
metallurgical coal will find its way to the
way to get any kind of effective enforce-
pliance with existing State laws;
utility market. This will create a serious
ment is to pass a straight federally con-
Bill initially failed to prohibit strip
shortage in the steel industry, and by-prod-
trolled bill granting full authority to the
mining of allerwial valley floors-river
uct industry and increase the cost of coal to
Environmental Protection Agency, which
valleys-in the Western States, but am
utilities in Virginia.
has extensive experience in water quality
N. T. CAMICIA,
pleased that the Evans amendment cured
control, so essential to controlling the
President and Chief Executive.
this defect.
damage of strip mining.
Nevertheless, it is quite clear to me
Mr. Chairman, all of us want to protect
Beyond this disastrous administrative
that this bill is unseceptable in its pres-
our environment, but not at the expense
setup, H.R. 25 has many additional
ent form, because It raises false hopes-
of our working people. All of us want a
flaws:
particularly among the people of the
beautiful America, but not at the loss of
It only protects the rights of the sur-
mountains who have suffered the most
vital coal resources and higher energy
face landowner in cases where the coal
damage from strip mining.
costs to our consumers, which this bill
is federally owned. It should require the
I indicated that I felt the following
mandates.
written consent of the surface owner
amendments were necessary in order to
This legislation is another example of
in all cases before strip mining can be-
strengthen the bill sufficiently to make it
environmental overkill and I urge each
gin and should include protection for
effective and worth supporting:
of you to vote against its passage.
tenants;
First. No new permits for mining on
Mr. HECHLER of West Virginia. Mr.
It allows variances from the require-
steep slopes above 20 degrees-including
Chairman, it is agonizing to weigh the
ment to restore to original contour and to
mountaintop removal techniques-after
advantages and disadvantages of this
prevent dumping of spoil on the down-
the date of enactment and all existing
bill.
slope for mountaintop removal opera-
steep slope operations-20 degrees-
II 1908
CONGRESSIONAL RECORD - HOUSE
March 18, 1975
halted at the end of the interim period-
not present and make the point of order
Roybal
Staggers
Vander Veen
30 months. Spellman amendment re-
that a quorum is not present.
Ruppe
Stanton.
Vanik
Russo
J. William
Vigorito
jected.
The SPEAKER. Evidently a quorum is
Ryan
Stanton.
Walsh
Second. No strip mining in alluvial
not present.
St Germain
James V.
Weaver
valley floors—river valleys-in the West-
Santini
Stark
Whalen
The Sergeant at Arms will notify ab-
Sarasin
Steed
ern States. Evans amendment adopted.
White
sent Members.
Sarbanes
Steelman
Whitehurst
Third. Shift the Federal role in en-
Scheuer
The vote was taken by electronic de-
Steiger, Wis.
Wiggins
forcement from the Department of the
Schheebell
Stratton
Wilson, Bob
Interior to the Environmental Protec-
vice, and there were-yeas 333, nays 86,
Schroeder
Stuckey
Winn
not voting 13, as follows:
Schulze
Studds
Wirth
tion Agency. Dingell and Ottinger
Belberling
Sullivan
Wolff
amendments rejected.
[Roll No. 61]
Sharp
Symington
Wright
Fourth. Prohibit the use of coal wastes,
Shipley
Talcott
YEAS-333
Wydler
Shriver
Taylor, N.C.
fines and slimes as construction materials
Wylle
Abdnor
Edwards, Ala.
Lloyd, Calif.
Shuster
Thompson
Yates
in coal waste impoundments. Hechler
Abzug
Edwards, Calif.
Lloyd, Tenn.
Sikes
Thone
Yatron
amendment adopted.
Adams
Eilberg
Long, La.
Simon
Traxler
Young, Fla.
Fifth. Prohibit the dumping of the
Addabbo
Emery
Long, Md.
Sisk
Tsongas
Young, Gs.
Ambro
English
Lujan
Smith, Iowa
Udall
Zablocki
first cut in steep slope operations dur-
Anderson,
Erlenborn
McClory
Solars
Ullman
Zeferetti
ing the interim period-before amend-
Calif.
Esch
McCloskey
Spellman
Van Deeriin
ment (1) takes effect for existing oper-
Anderson, III.
Eshleman
McCormack
Spence
Vander Jagt
Andrews, N.O.
Evans, Colo.
McDade
ations on steep slopes. Hechler amend-
Andrews,
Evans, Ind.
McFall
NAYS-86
ment rejected.
N. Dak.
Fascell
McHugh
Archer
Guyer
Myers, Ind.
Sixth. Prohibit strip mining in na-
Annunzio
Fenwick
McKay
Ashbrook
Hammer-
Passman
Armstrong
Findley
McKinney
Bauman
schmidt
Patman
tional grasslands. Blouin amendment re-
Ashley
Fish
Macdonald
Beard, Tenn.
Hansen
Poage
jected.
Aspin
Fisher
Madden
Bevill
Hechler, W. Va.
Quillen
Seventh. Require the burial and com-
AuCoin
Fithian
Madigan
Bowen
Holt
Randall
Badillo
Flood
paction of toxic materials. Gude amend-
Maguire
Burleson, Tex.
Hutchinson
Rhodes
Bafalis
Florio
Mann
Butler
Hyde
Roberts
ment adopted.
Baldus
Flowers
Martin
Byron
Ichord
Robinson
The most important amendment to
Barrett
Foley
Matsunaga
Cederberg
Jarman
Rousselot
Baucus
the bill was the Spellman amendment,
Ford. Mich.
Mazzoli
Clawson, Del
Jenrette
Runnels
Beard, R.L.
Ford. Tenn.
Meeds
Cochran
Johnson, Calif.
Satterfield
which unfortunately was rejected. Once
Bedell
Forsythe
Melcher
Collins, Tex.
Jones, Okla.
Sebelius
this steep slope amendment was de-
Bell
Fountain
Metcalfe
Conable
Jones, Tenn.
Slack
feated, I felt obliged to vote against H.R.
Bennett
Frenzel
Meyner
Conlan
Kazen
Smith, Nebr.
Bergland
Frey
Mezvinsky
Crane
Kemp
Snyder
25, despite some good provisions which
Biaggi
Fulton
Mikva
Daniel, Dan
Ketchum
Steiger, Aris.
were added on the floor.
Biester
Fuqua
Miller, Calif.
Daniel, Robert
Kindness
Stephens
The CHAIRMAN. Are there additional
Bingham
Gaydos
Miller, Ohio
W., Jr.
Landrum
Symms
Blanchard
Glaimo
Mineta
Davis
Latta
Taylor, Mo.
amendments?
Blouin
Gibbons
Minish
de la Garza
Lott
Teague
If not, the question is on the commit-
Boggs
Gilman
Mink
Derwinski
McCollister
Thornton
tee amendment in the nature of a sub-
Boland
Goodling
Mitchell, Md.
Dickinson
McDonald
Treen
Bolling
Gradison
Mitchell, N.Y.
Downing
McEwen
Waggonner
stitute, as amended.
Bonker
Grassley
Moakley
Duncan, Tenn.
Mahon
Wampler
The committee amendment in the na-
Brademas
Green
Moffett
Evins, Tenn.
Mathis
Whitten
ture of a substitute, as amended, was
Breaux
Gude
Mollohen
Flynt
Michel
Young, Alaska
Breckinridge
Hagedorn
Moorhead,
Ginn
Milford
Young, Tex.
agreed to.
Brinkley
Haley
Calif.
Goldwater
Montgomery
The CHAIRMAN. Under the rule, the
Brodhead
Hall
Moorhead, Pa.
Gonzalez
Moore
Committee rises.
Brooks
Hamilton
Morgan
Accordingly the Committee rose; and
Broomfield
Hanley
Mosher
NOT VOTING-13
Brown, Calif.
Hannaford
Moss
Alexander
the Speaker having resumed the chair,
Riegle
Wilson,
Brown, Mich.
Harkin
Mottl
Casey
Risenhoover
Charles H.
Mr. SMITH of Iowa, Chairman of the
Brown, Ohio
Harrington
Murphy, III.
Collins, III.
Skubits
Calif.
Committee of the Whole House on the
Broyhill
Harris
Murphy, N.Y.
Fraser
Stokes
Wilson,
Buchanan
Harsha
Murtha
State of the Union, reported that that
Hébert
Waxman
Charles, Tex.
Burgener
Hastings
Myers, Pa.
Mills
Committee, having had under considera-
Burke, Calif.
Hawkins
Natcher
tion the bill (H.R. 25) to provide for the
Burke. Fla.
Hayes, Ind.
Neal
So the bill was passed.
Burke, Mass.
Hays, Ohio
Nedzi
cooperation between the Secretary of the
Burlison, Mo.
Heckler, Mass.
Nichols
The Clerk announced the following
Interior and the States with respect to
Burton, John
Hefner
Nix
pairs:
the regulation of surface coal mining
Burton, Phillip
Heins
Nolan
Carney
Helstoski
Nowak
On this vote:
operations, and the acquisition and rec-
Carr
Henderson
Oberstar
Mr. Charles H. Wilson of California for,
lamation of abandoned mines, and for
Carter
Hicks
Obey
with Mr. Hébert against.
other purposes, he reported the bill back
Chappeli
Hightower
O'Brien
to the House with an amendment
Chisholm
Hillis
O'Hara
Mr. Stokes for, with Mr. Casey against.
Clancy
Hinshaw
O'Neill
adopted by the Committee of the Whole.
Clausen,
Holland
Ottinger
Until further notice:
The SPEAKER. Under the rule, the
Don H.
Holtzman
Patten
Mr. Alexander with Mr. Waxman.
previous question is ordered.
Clay
Horton
Patterson, Calif.
Cleveland
Howard
Pattison, N.Y.
Mr. Fraser with Mr. Charles Wilson of
Is a separate vote demanded on any
Cohen
Howe
Pepper
Texas.
amendment to the Committee amend-
Conte
Hubbard
Perkins
Mr. Riegle with Mr. Risenhoover.
ment in the nature of a substitute
Conyers
Hughes
Peyser
Corman
Hungate
Pickle
Mrs. Collins of Illinois with Mr. Mills.
adopted in the Committee of the Whole?
Cornell
Jacobs
Pike
If not, the question is on the amend-
Cotter
Jeffords
The result of the vote was announced
Pressler
ment.
Coughlin
Johnson, Colo.
Preyer
as above recorded.
The amendment was agreed to.
D'Amours
Johnson, Pa.
Price
A motion to reconsider was laid on the
Daniels,
Jones, Ala.
Pritchard
The SPEAKER. The question is on
Dominick V.
Jones, N.O.
Quie
table.
the engrossment and third reading of
Danielson
Jordan
Railsback
the bill.
Delaney
Karth
Rangel
Dellums
Kasten
Rees
The bill was ordered to be engrossed
Dent
Kastenmeler
Regula
and read a third time, and was read the
Derrick
Kelly
Reuss
third time.
Devine
Keys
Richmond
Diggs
Koch
Rinaldo
The SPEAKER. The question is on the
Dingell
Krebs
Rodino
passage of the bill.
Dodd
Krueger
Roe
The question was taken; and the
Downey
LaFalce
Rogers
Drinan
Lagomarsine
Roncalio
Speaker announced the ayes appeared to
Duncan, Oreg.
Leggett
Rooney
have it.
du Pont
Lehman
Rose
Mr. UDALL Mr. Speaker, I object to
Early
Lent
Rosenthal
Eckhardt
Levitas
Rostenkowski
the vote on the ground that a quorum is
Edgar
Litton
Roush
ADDITIONAL HOUSE AMENDMENT
One additional amendment was adopted on the House floor, which
is not included in the attached copy of the bill as passed. The amendment is
as follows, and should be inserted on page 8 under Section 508, Reclamation
Plan Requirements, as a new subsection 508(a)(5):
(5) a detailed description of the proposed
revegetation plan, including the identification of plant
species and appropriate assurances that viable seeds
will be available in sufficient quantities to ensure that the
proposed revegetation plan will be achieved in compliance
with the proposed timetable for reclamation;
FORD
H.R. 25, AS PASSED BY THE
distributed as another
HOUSE OF REPRESENTATIVES
membership service by the
American Mining Congress
MARCH 18, 1975
Be it enacted by the Senate and House of
Representatives of the United States of
Sec. 304. Protection of government em-
America in Congress assembled, That this
contribute to the economic well-being. secu-
ployees.
Act may be cited as the "Surface Mining
rity, and general welfare of the Nation and
Sec. 905. Grants to the States.
Control and Reclamation Act of 1975".
should be conducted in an environmentally
Sec. 906. Annual report.
sound manner; and
TABLE OF CONTENTS
Sec. 807. Severability.
(1)(h) the cooperative effort established by
TITLE I-STATEMENT OF FINDINGS AND
Sec. $08. Alaskan surface coal mine study.
this Act is necessary to prevent or mitigate
POLICY
Sec. 809. Study of reclamation standards for
adverse environmental effects of present and
Sec. 101. Findings.
surface mining of other minerals.
future surface coal mining operations.
Sec. 810. Indian lands.
Sec. 102. Purposes.
Sec. 3'11. Experimental practices.
PURPOSES
TITLE II-OFFICE OF SURFACE MINING
Sec. 812. Authorization of appropriations.
SEC. 102. It is the purpose of this Act to-
RECLAMATION AND ENFORCEMENT
Sec. 313. Research and demonstration proj-
(a) establish a nationwide program to pro-
Sec. 201. Creation of the Office.
ects on alternative coal mining
tect society and the environment from the
TITLE III-STATE MINING AND MINERAL
technologies.
adverse effects of surface coal mining opera-
TUTE RESOURCES AND RESEARCH INSTI-
Sec. 14. Surface owner protection.
tions and surface impacts of underground
Sec. 15. Federal lessee protection.
coal mining operations;
Sec. 301. Authorization of State allotments
Sec. 16. Water rights.
(b) assure that the rights of surface land-
TITLE I-STATEMENT OF FINDINGS AND
owners and other persons with a legal in-
to institutes.
POLICY
terest in the land or appurtenances thereto
Sec. 302. Research funds to institutes.
are fully protected from such operations;
Sec. 303. Funding criteria.
FINDINGS
(c) assure that surface coal mining opera-
Sec. 304. Duties of the Secretary.
SEC. 101. The Congress finds and declares
tions are not conducted where reclamation
Sec. 305. Autonomy.
that-
as required by this Act is not feasible;
Sec. 306. Miscellaneous provisions.
(a) extraction of coal and other minerals
(d) assure that surface coal mining opera-
Sec. 307. Center for cataloging.
from the earth can be accomplished by vari-
tions are so conducted as to protect the en-
Sec. 308. Interagency cooperation.
ous methods of mining, including surface
vironment;
Sec. 309. Advisory committee.
mining;
(e) assure that adequate procedures are
TITLE IV-ABANDONED MINE
(b) coal mining operations presently con-
undertaken to reclaim surface areas as con-
RECLAMATION
tribute significantly to the Nation's energy
temporaneously as possible with the surface
Bec. 401. Abandoned Coal Mine Reclamation
requirements; surface coal mining consti-
coal mining operations;
Fund.
tutes one method of extraction of the re-
(f) assure that the coal supply essential
Sec. 402. Objectives of Fund.
source; the overwhelming percentage of the
to the Nation's energy requirements, and to
Sec. 403. Eligible lands.
Nation's coal reserves can only be extracted
its economic and social well-being is pro-
by underground mining methods, and it is,
vided
Sec. 404. Reclamation of rural lands.
while protecting the en-
Sec. 405. Acquisition and reclamation of
therefore, essential to the national interest
vironment and agricultural productivity,
abandoned and unreclaimed
to insure the existence of an expanding and
mined lands.
economically healthy underground coal min-
(g) assist the States in developing and
ing industry;
implementing a program to achieve the pur-
Sec. 406. Filling voids and sealing tunnels.
Sec. 407. Fund report.
(c) many surface mining operations result
poses of this Act;
Sec. 408. Transfer of funds.
in disturbances of surface areas that burden
(h) promote the reclamation of mined
and adversely affect commerce and the pub-
areas left without adequate reclamation prior
TITLE V-CONTROL OF THE ENVIRON-
lic welfare by destroying or diminishing the
to the enactment of this Act and which con-
MENTAL IMPACTS OF SURFACE COAL
utility of land for commercial, industrial,
tinue, in their unreclaimed condition, to
MINING
residential, recreational, agricultural, and
substariMally degrade the quality or the en-
Sec. 501. Environmental protection stand-
forestry purposes, by causing erosion and
vironment, prevent or damage the beneficial
ards.
landslides, by contributing to floods, by
use of land or water resources, or endanger
Sec. 502. Initial regulatory procedures.
polluting the water, by destroying fish and
the health orsafety of the public;
Sec. 503. State programs.
wildlife habitats, by impairing natural
(1) assure that appropriate procedures
Sec. 504. Federal programs.
beauty, by damaging the property of citi-
are provided for the public participation in
Sec. 505. State laws.
zens, by creating hazards dangerous to life
the development, revision, and enforcement
Sec. 506. Permits.
and property, by degrading the quality of
of regulations, standards, reclamation plans,
Sec. 507. Application requirements.
life in local communities, and by counter-
or programs established by the Secretary
Sec. 508. Reclamation plan requirements.
acting governmental programs and efforts
or any State under this Act;
Sec. 509. Performance bonds.
to conserve soil, water, and other natural
(j) encourage the full utilization of coal
Sec. 510. Permit approval or denial.
resources;
resources through the development and ap-
Sec. 511. Revision of permits.
(d) surface mining and reclamation tech-
plication of underground extraction tech-
Sec. 512. Coal exploration permits.
nology are now developed 80 that effective
nologies;
Sec. 513. Public notice and public hearings.
and reasonable regulation of surface coal
(k) provide a means for development of the
Sec. 514. Decisions of regulatory authority
mining operations by the States and by the
data and analyses necessary to establish ef-
and appeals.
Federal Government in accordance with the
fective and reasonable regulation of surface
Sec. 515. Environmental protection perform-
requirements of this Act is an appropriate
mining operations for other minerals;
ance standards.
and necessary means to minimize 80 far as
(1) stimulate, sponsor, provide for and/or
Sec. 516. Surface effects of underground coal
practicable the adverse social, economic, and
supplement present programs for the con-
mining operations.
environmental effects of such mining opera-
duct of research investigations, experiments,
Sec. 517. Inspections and monitoring.
tions;
and demonstrations, in the exploration, ex-
Sec. 518. Penalties.
(e) because of the diversity in terrain,
traction, processing, development, and pro-
Sec. 519. Release of performance bonds or
climate, biologic, chemical, and other phys-
duction of minerals and the training of
deposits.
ical conditions in areas subject to mining
mineral engineers and scientists in the fields
Sec. 520. Citizen suits.
operations, the primary governmental re-
of mining, mimerals resources, and technol-
Sec. 521. Enforcement.
sponsibility for developing. authorising. issu-
ogy, and the establishment of an appropriate
Sec. 522. Designating areas unsuitable for
ing, and enforcing regulations for surface
research and training center in various
surface coal mining.
mining and reclamation operations subject
States; and
Sec. 523. Federal lands.
to this Act should rest with the States;
(m) wherever necessary, exercise the full
Sec. 524. Public agencies, public utilities,
(f) there are a substantial number of
reach of Federal constitutional powers to in-
and public corporations.
acres of land throughout major regions of
sure the protection of the public interest
Sec. 525. Review by Secretary.
the United States disturbed by surface and
through effective control of surface coal min-
Sec. 526. Judicial review.
underground coal mining, on which little or
ing operations.
Sec. 527. Special bituminous coal mines.
no reclamation was conducted, and the im-
TITLE II-OFFICE OF SURFACE MINING
Sec. 528. Surface mining operations not sub-
pacts from these unreclaimed lands impose
RECLAMATION AND ENFORCEMENT
ject to this Act.
social and economic costs on residents in
Sec. 529. Anthracite coal mines.
nearby and adjoining areas as well as con-
CREATION OF THE OFFICE
TITLE VI.-INDIAN LANDS PROGRAM
tinuing to impair environmental quality;
SEC. 201. (a) There is established in the
TITLEZU-DESIGNATION OF LANDS UN-
(g) while there is a need to regulate our-
Department of the Interior, the Office of
face mining operations for minerals other
Surface Mining Reclamation and Enforce-
SUITABLE FOR NONCOAL MINING
than coal, more data and analyses are needed
ment (hereinafter referred to as the "Ofloe")
Sec. 101. Designation procedures.
to serve as a basis for effective and reasonable
under the Amestant Secretary for Land and
TITLE 8 -ADMINISTRATIVE AND MIS-
regulation of such operations;
Water Resources.
CELLANEOUS PROVISIONS
(h)(s) surface and underground coal min-
Sec. 801. Definitions.
ing operations affect interstate commerce,
Sec. $02. Other Federal laws.
Sec. 9'03. Employee protection.
-2-
(b) The Office shall have a Director who
(12) perform such other duties as may be
basic or practical nature, or both, in rela-
shall be appointed by the President, by and
provided by law and relate to the purposes
tion to mining and mineral resources and to
with the advice and consent of the Benate
this Act.
provide for the training of mineral engineers
and shall be compensated at the rate pro-
(d) the Director shall not use either per-
and scientists through such research, in-
vided for levelly of the Executive Schedule
manently or temporarily any person charged
vestigations, demonstrations, and experi-
under section 5315 of title 5 of the United
with responsibility of inspecting coal mines
ments, and training may include, without
States Code, and such other employees as
under the Federal Coal Mine Health and
being limited to exploration; extraction;
may be required. The Director shall have the
Safety Act of 1969, unless he finds, and pub-
processing; development; production of
responsibilities provided under subsection
lishes such finding in the Federal Register,
mineral resources mining and mineral tech-
(c) of this section and those duties and re-
that such person or persons are not needed
nology; supply and demand for minerals;
ponsibilities relating to the functions of the
for such inspections under the 1969 Act.
conservation and best use of available sup-
office which. the Secretary may assign, con-
(e)(d) The Office shall be considered an'in-
plies of minerals; the economic, legal, social,
sistent with this Act. Employees of the Office
dependent Federal regulatory agency for the
engineering, recreational, biological, geo-
shall be recruited on the basis of their pro-
purposes of sections 3502 and 3512 of title 44
graphic, ecological, and other aspects of min-
fessional competence and capacity to ad-
of the United States Code.
ing, mineral resources, and mineral reclama-
minister the provisions of this Act. No legal
(f)(e) No employee of the Office or any other
tion, having due regard to the interrelation
authority, program, or function in any Fed-
Federal employee performing any function
on the natural environment, the varying
eral agency which has as its purpose promot-
or duty under this Act shall have a direct
conditions and needs of the respective States,
ing the development or use of coal or other
or indirect financial interest in underground
to mining and mineral resources research
mineral resources, shall be transferred to the
or surface coal mining operations, except
projects being conducted by agencies of the
Office.
that en employee may own a total of not
Federal and State governments. and other,
(c) The Secretary, acting through the
more than 100 shares of stock of companies
and to avoid any undue displacement of
Office, shall--
which have a direct or indirect interest in
mineral engineers and scientists elsewhere
(1) administer the programs for con-
such operations and which are listed on any
engaged in mining and mineral resources
trolling surface coal mining operations which
securities exchange registered with the Be-
research.
are required by this Act; review and approve
curities and Exchange Commission pursuant
or disapprove State programs for controlling
to section 6 of the Act of June 6, 1984 (48
RESEARCH FUNDS TO INSTITUTES
surface coal mining operations; make those
Stat. 885: 15 U.S.C. 78f) Provided, That such
SEC. 302. (a) There is authorized to be ap-
investigations and inspections necessary to
employee shall file with the Director a writ-
propristed anhually. for seven years to the
insure compliance with this Act; conduct
ten statement concerning such ownership
Secretary of the Interior the sum of $15,-
hearings, administer oaths, issue subpenas,
000,000 in fiscal year 1975, said sum in-
and compel the attendance of witnesses and
TITLE III-STATE MINING AND MINERAL
creased by $2,000,000 each fiscal year there-
production of written or printed material as
RESOURCES AND RESEARCH INSTI-
after for six years, which shall remain avail-
provided for in this Act; issue cease-and-
TUTE
able until expended. Such moneys when
desist orders; review and vacate or modify or
AUTHORIZATION OF STATE ALLOTMENTS TO
appropriated shall be made available to in-
approve orders and decisions; and order the
INSTITUTES
stitutes to meet the necessary expenses for
suspension, revocation, or withholding of any
SEC. 301. (a) There are authorized to be ap-
purposes of
permit for failure to comply with any of the
propriated to the Secretary of the Interior
(1) specific mineral research and demon-
provisions of this Act or any rules and regula-
sums adequate to provide for each partici-
stration projects of industrywide applica-
tions adopted pursuant thereto;
pating State $200,000 for fiscal year 1975,
tion, which could not otherwise be under-
(2) publish and promulgate such rules and
$300,000 for fiscal year 1976, and $400,000 for
taken, including the expenses of planning
regulations as may be necessary to carry out
each fiscal year thereafter for five years, to
and coordinating regional mining and min-
the purposes and provisions of this Act;
assist the States in carrying on the work of
eral resources research projects by two or
(3) administer the State grant-in-aid pro-
a competent and qualified mining and min-
more institutes, and
gram for the development of State programs
eral resources research institute, or center
(2) research into any aspects of mining
for surface coal mining and reclamation oper-
(hereinafter referred to as "institute") at
and mineral resources problems related to
ations provided for in title V of this Act:
one public college or university in the State,
the mission of the Department of the In-
(4) administer the program for the pur-
which has in existence at the time of enact-
terior, which may be deemed desirable and
chase and reclamation of abandoned and un-
ment of this title a school of mines, or di-
are not otherwise being studied.
reclaimed mined areas pursuant to title IV
vision, or department conducting a program
of this Act;
(b) Each application for a grant pursu-
of substantial instruction and research in
ant to subsection (a) of this section shall,
(5) administer the surface mining and rec-
mining or minerals extraction or which es-
among other things, state the nature of the
lamation research and demonstration project
tablishes such a school of mines, or divi-
project to be undertaken, the period during
authority provided for in this Act;
sion, or department subsequent to the en-
which it will be pursued, the qualifications
(6) consult with other agencies of the
actment of this title and which school of
of the personnel who will direct and conduct
Federal Government having expertise in the
mines, or division or department shall have
it, the estimated costs, the importance of
control and reclamation of surface mining
been in existence for at least two years. The
the project to the Nation, region, or State
operations and assist States, local govern-
Advisory Committee on Mining and Minerals
concerned, and its relation to other known
ments, and other eligible agencies in the co-
Resources Research as created by this title
research projects theretofore pursued or
ordination of such programs;
shall determine a college or university to have
being pursued, and the extent to which it
(7) maintain n conthnuing study of surface
an eligible school of mines, or division, or
will provide opportunity for the training of
mining and reclamation operations In the
department conducting a program of sub-
mining and mineral engineers and scientists,
United States:
stantial Instruction and research in mining
and the extent of participation by nongov-
(8) develop and malutain an Information
or minerals extraction wherein education and
ernmental sources in the project.
and Data Center on Surface Coal Mining,
research in the minerals engineering fields
(c) The Secretary shall insofar as it is
Reclamation. and Surface Impacts of Under-
are being carried out and wherein at least
practicable, utilize the facilities of institutes
ground Mining. which will make such data
fourfulltime permanent faculty members are
designated in section 301 of this title to per-
available to the public and to Federal. re-
employed: Provided, That—
form such special research, authorized by this
(1) such moneys when appropriated shall
gional, State, and local agencies conducting
section, and shall select the institutes for
be made available to match, on a dollar-for-
or concerned with land use planning and
the performance of such special research on
dollar basis, non-Federal funds which shall
agencies concerned with surface and under-
the basis of the qualifications without regard
ground mining and reclamation operations;
be at least equal to the Federal share to sup-
to race or sex of the personnel who will con-
port the institute;
(9) assist the States in the development of
duct and direct it, and on the basis of the
(2) if there is more than one such eligible
facilities available in relation to the par-
State programs for surface coal mining and
college or university in a State, funds under
ticular needs of the research project, spe-
reclamation operations which meet the re-
this title shall, in the absence of a designa-
cial geographic, geologic, or climatic condi-
quirements of this Act and, at the same
tion to the contrary by act of the legislature
tions within the immediate vicinity of the
time, reflect local requirements and local
of the State, be paid to one such college or
institute in relation to any special require-
environmental and agriculture conditions;
university designated by the Governor of
ments of the research project, and the extent
(10 assist the States in developing objec-
the State; and
to which it will provide opportunity for train-
tive scientific criteria and appropriate proced-
(3) where a State does not have a public
ing individuals as mineral engineers and sci-
ures and institutions for determining those
college or university with an eligible school
entists. The Secretary may designate and
areas of a State to be designated unsuitable
of mines, or division, or department conduct-
utilize such portions of the funds authorized
for all or certain types of surface coal min-
ing a program of substantial instruction and
to be appropriated by this section as he
ing pursuant to section 522;
research in mining or minerals extraction,
deems appropriate for the purpose of pro-
(11) monitor all Federal and State re-
said advisory committees may allocate the
viding scholarships, graduate fellowships,
search programs dealing with coal extraction
State's allotment to one private college or
and postdoctoral fellowships.
and use and recommend to Congress the re-
university which it determines to have an
(d) No grant shall be made under subsec-
search and demonstration projects and neces-
elfgible school of mines, or division, or de-
tion (a) of this section except for a project
sary changes in public policy which are des-
partment as provided herein.
approved by the Secretary of the Interior
ignated to (A) improve feasibility of under-
(b) It shall be the duty of each such in-
and all grants shall be made upon the basis
ground coal mining, and (B) improve surface
stitute to plan and conduct and/or arrange
of merit of the project, the need for the
mining and reclamation techniques directed
for a component or components of the col-
knowledge which it is expected to produce
at eliminating adverse environmental and
lege university with which it is affiliated to
when completed, and the opportunity it pro-
social impacts; and
conduct competent research, investigations,
vides for the training of individuals as min-
demonstrations, and experiments of either a
eral engineers and scientists.
-3-
(e) No portion of any grant under this
section shall be applied to the acquisition
AUTONOMY
INTERAGENCY COOPERATION
by purchase or lease of any land or interests
SEC. 305. Nothing in this title shall be con-
therein or the rental, purchase, construction,
structed to impair or modify the legal rela-
Sec. 308. The President shall, by such
tionship existing between any of the col-
means as he deems appropriate, clarify
preservation, or repair of any building.
leges or universities under whose direction
agency responsibility for Federal mining and
FUNDING CRITERIA
mineral resources research and provide for
an institute is established and the govern-
SEC. 303. (a) Sums available to institutes
interagency coordination of such research,
ment of the State in which it is located, and
under the terms of sections 301 and 302 of
nothing in this title shall in any way be con-
including the research authorized by this
this title shall be paid at such times and in
title. Such coordination shall include-
strued to authorize Federal control or di-
such amounts during each fiscal year as de-
(a) continuing review of the adequacy of
rection of education at any college or uni-
termined by the Secretary, and upon vouch-
versity.
the Government-wide program in mining and
ers approved by him. Each institute shall set
mineral resources research.
MISCELLANEOUS PROVISIONS
forth its plan to provide for the training of
(b) identification and elimination of du-
individuals as mineral engineers and scien-
SEC. 306. (a) The Secretary of the Interior
plication and overlap between two or more
tists under a curriculum appropriate to the
shall obtain the continuing advice and co-
agency programs;
field of mineral resources and mineral engi-
operation of all agencies of the Federal Gov-
(c) identification of technical needs in
neering and related fields; set forth policies
ernment concerned with mining and mineral
various mining and mineral resources re-
and procedures which assure that Federal
resources of State and local governments,
search categories;
funds made available under this title for
and of private institutions and individuals
(d) recommmendations with respect to al-
any fiscal year will supplement and, to the
to assure that the programs authorized in
location of technical effort among the Fed-
extent practicable increase the level of funds
this title will supplement and not duplicate
eral agencies;
that would, in the absence of such Federal
established mining and minerals research
(e) review of technical manpower needs
funds, be made available for purposes of this
programs, to stimulate research in otherwise
and findings concerning management-policies
title, and in no case supplant such funds;
neglected areas, and to contribute to a com-
to improve the quality of the Government-
have an officer appointed by its governing
prehensive nationwide program of mining
wide research effort; and
authority who shall receive and account for
and minerals research, having due regard
(f) actions to facilitate interagency com-
all funds paid under the provisions of this
for the protection and conservation of the
munication at management levels.
title and shall make an annual report to the
environment. The Secretary shall make gen-
ADVISORY COMMITTEE
Secretary on or before the first day of Sep-
erally available information and reports on
tember of each year, on work accomplished
projects completed, in progress, or planned
SEC. 309. (a) The Secretary of the Interior
shall appoint an Advisory Committee on Min-
and the status of projects underway, to-
under the provisions of this title, in addi-
tion to any direct publication of informa-
ing and Mineral Research composed of-
gether with a detailed statement of the
(1) the Director, Bureau of Mines, or his
amounts received under any provisions of this
tion by the institutes themselves.
delegate, with his consent;
title during the preceding fiscal year, and
(b) Nothing in this title is intended to give
(2) the Director of the National Science
of its disbursement on schedules prescribed
or shall be construed as giving the Secretary
Foundation, or his delegate, with his consent;
by the Secretary. If any of the moneys re-
of the Interior any authority over mining
(3) the President, National Academy of
ceived by the authorized receiving officer of
and mineral resources research conducted by
Sciences, or his delegate, with his consent:
an institute under the provisions of this title
any other agency of the Federal Government,
(4) the President, National Academy of
shall by any action or contingency be found
or as repealing, superseding, or diminishing
existing authorities or responsibilities of any
Engineering, or his delegate, with his con-
by the Secretary to have been improperly
sent;
diminished, lost. or misapplied, it shall be
agency of the Federal Government to plan
replaced by the State concerned and until so
and conduct, contract for, or assist in re-
(5) the Director, United States Geological
replaced no subsequent appropriation shall
search in its area of responsibility and con-
Survey, or his delegate, with his consent;
and
be allotted or paid to any institute of such
cern with mining and mineral resources.
State.
(c) Contracts or other arrangements for
(6) not more than four other persons who
mining and mineral resources research work
are knowledgeable in the fields of mining and
(b) Moneys appropriated pursuant to this
title shall be available for expenses for re-
authorized under this title with an institute,
mineral resources research, at least one of
whom shall be a representative of working
search, investigations, experiments, and
educational institution, or nonprofit organi-
training conducted under authority of this
zation may be undertaken without regard
coal miners.
title. The institutes are hereby authorized
to the provisions of section 3684 of the Re-
(b) The Secretary shall designate the
and encouraged to plan and conduct pro-
vised Statutes (31 U.S.C. 529) when, in the
Chairman of the Advisory Committee. The
grams under this title in cooperation with
judgment of the Secretary of the Interior,
Advisory Committee shall consult with, and
each other and with such other agencies and
advance payments of initial expense are nec-
make recommendations to, the Secretary of
individuals as may contribute to the solu-
essary to facilitate such work.
the Interior on all matters involving or re-
tion of the mining and mineral resources
(d) No research, demonstration, or experi-
lating to mining and mineral resources re-
problems involved, and moneys appropriated
ment shall be carried out under this Act by
search and such determinations as provided
pursuant to this title shall be available for
an institute financed by grants under this
in this title. The Secretary of the Interior
paying the necessary expenses of planning,
Act unless all uses, products, processes, pat-
shall consult with, and consider recommen-
coordinating, and conducting such coopera-
ents, and other developments resulting there-
dations of, such Committee in the conduct
tive research.
from with such exception or limitation, if
of mining and mineral resources research and
any, as the Secretary may find necessary in
the making of any grant under this title.
DUTIES OF THE SECRETARY
the public interest, be available promptly
(c) Advisory Committee members, other
Sec. 304. (a) The Secretary of the Interior
to the general public. Nothing contained in
than officers or employees of Federal, State,
is hereby charged with the responsibility for
this section shall deprive the owner of any
or local governments, shall be, for each day
the proper administration of this title and,
background patent relating to any such ac-
(including traveltime) during which they
after full consultation with other interested
tivities of any rights which that owner may
are performing committee business, entitled
Federal agencies, shall prescribe such rules
have under that patent. There are authorized
to receive compensation at a rate fixed by
and regulations as may be necessary to carry
to be appropriated such sums as are neces-
the Secretary, but not in excess of the maxi-
out its provisions. The Secretary shall fur-
sary for the printing and publishing of the
mum rate of pay for grade GS-18 as provided
nish such advice and assistance as will best
results of activities carried out by institutes
in the General Schedule under section 5332
promote the purposes of this title, partici-
under the provisions of this Act and for ad-
of title 5 of the United States Code, and shall,
pate in coordinating research initiated un-
ministrative planning and direction, but such
notwithstanding the limitations of sections
der this title by the institutes, indicate to
appropriations shall not exceed $1,000,000
5703 and 5704 of title 5 of the United States
them such lines of inquiry as to him seem
in any fiscal year.
Code, be fully reimbursed for travel, sub-
most important, and encourage and assist
CENTER FOR CATALOGING
sistence, and related expenses.
in the establishment and maintenance of
cooperation by and between the institutes
SEC. 307. The Secretary shall establish a
TITLE IV-ABANDONED MINE
and between them and other research or-
center for cataloging current and projected
RECLAMATION
ganizations, the United States Department
scientific research in all fields of mining and
ABANDONED COAL MINE RECLAMATION FUND
of the Interior, and other Federal estab-
mineral resources. Each Federal agency doing
lishments.
mining and mineral resources research shall
SEC. 401. (a) There is created on the books
of the Treasury of the United States a trust
(b) On or before the 1st day of July
cooperate by providing the cataloging center
fund to be known as the Abandoned Mine
in each year after the passage of this title,
with information on work underway or
scheduled by it. The cataloging center shall
Reclamation Fund (hereinafter referred to
the Secretary shall ascertain whether the
classify and maintain for public use a catalog
as the "fund") which shall be administered
requirements of section 303(a) have been
of mining and mineral resources research and
by the Secretary of the Interior.
met as to each institute and State.
investigation projects in progress or sched-
(b) The fund shall consist of amounts de-
(c) The Secretary sahll make an annual
report to the Congress of the receipts, ex-
uled by all Federal agencies and by such
posited in the fund, from time to time, de-
rived from-
penditures, and work of the institutes in all
non-Federal agencies of Government, col-
States under the provisions of this title.
leges, universities, private institutions, firms
(1) the sale, lease, or rental of land re-
The Secretary's report shall indicate whether
and individuals as may make such informa-
claimed pursuant to this title;
tion available.
(2) any user charge imposed on or for land
any portion of an appropriation available
reclaimed pursuant to this title, after ex-
for allotment to any State has been with-
penditures for maintenance have been de-
held and, if so, the reasons therefor.
ducted; and
(3) the reclamation fees levied under sub-
section (d) of this section.
-4-
in such amounts and subject to such condi-
(c) Amounts covered into the fund shall
(a) the protection of health or safety of
tions as the Secretary of Agriculture deter-
be available for the acquisition and reclama-
the public;
mines are appropriate and in the public
tion of land under section 405, administra-
(b) protection of the environment from
interest for carrying out the land use and
tion of the fund and enforcement and col-
continued degradation and the conservation
conservation treatment set forth in the
lection of the fee as specified in subsection
of land and water resources;
agreement. Grants made under this section
(d), acquisition and filling of voids and seal-
ing of tunnels, shafts, and entryways under
(c) the protection, construction, or en-
depending on the income-producing poten-
hancement of public facilities such as utili-
tial of the land after reclaiming shall pro-
section 406, and for use under section 404,
by the Secretary of Agriculture, of up to one-
ties, roads, recreation, and conversation fa-
vide up to 80 per centum of the cost of carry-
cilities and their use;
fifth of the money deposited in the fund
ing out such land uses and conservation
annually and transferred by the Secretary of
(d) the improvement of lands and water
treatment on not more than 160 acres of
to a suitable condition useful in the eco-
the Interior to the Secretary of Agriculture
land occupied by such owner including wa-
for such purposes. Such amounts shall be
nomic and social development of the area
ter rights owners, resident or tenant, or on
available for such purposes only when ap-
affected: and
not more than 160 acres of land which has
propriated therefor; and such appropriations
(e) research and demonstration projects re-
been purchased jointly by such landowners
may be made without fiscal year limitation.
lating to the development of surface mining
including water rights owners, residents, or
(d) All operators of coal mining operations
reclamation and water quality program
tenants under an agreement for the en-
subject to the provisions of this Act shall pay
methods and techniques in all areas of the
hancement of water quality or quantity or
to the Secretary of the Interior, for deposit
United States.
on land which has been acquired by an
in the fund, a reclamation fee of thirty-five
ELIGIBLE LANDS
appropriate State or local agency for the
cents per ton of coal produced by surface
SEC. 403. The only lands eligible for recla-
purpose of implementing such agreement.
coal mining and 10 cents per ton of coal pro-
mation expenditures under this title are
(e) The Secretary of Agriculture may ter-
duced by underground mining, or 10 per
those which were mined for coal or which
minate any agreement with a landowner in-
centum of the value of the coal at the mine,
were affected by such mining, wastebanks,
cluding water rights owners, operator, or
as determined by the Secretary, whichever is
coal processing, or other coal mining proc-
occupier by mutual agreement If the Secre-
less,
except that this reclamation fee
esses, and abandonment or left in an inade-
tary of Agriculture determines that such
for lignite coal shall be at a rate of 5 per-
quate reclamation status prior to the date
termination would be in the public interest,
centum of the value of the coal at the mine,
of enactment of this Act, and for which there
and may agree to such modification of agree-
or 35 cents, whichever is less.
is no continuing reclamation responsibility
ments previously entered into hereunder as
Such fee, with respect to coal pro-
under State or other Federal laws.
he deems desirable to carry out the purposes
duced after the date of enactment of this
of this section or to facilitate the practical
RECLAMATION OF RURAL LANDS
Act and before January 1, 1976, shall be paid
administration of the program authorized
not later than the end of the first calendar
SEC. 404. (a) In order to provide for the
herein.
quarter of 1976, and thereafter shall be paid
control and prevention of erosion and sedi-
(f) Notwithstanding any other provision
not later than the end of the calendar quart-
ment damages from unreclaimed mined
of law, the Secretary of Agriculture, to the
er following the calendar quarter in which
lands, and to promote the conservation and
extent he deems it desirable to carry out the
the coal was produced in the period begin-
development of soil and water resources of
purposes of this section, may provide in any
ning January 1, 1976, and ending ten years
unreclaimed lands and lands affected by min-
agreement hereunder for (1) preservation
after the date of enactment of this Act unless
ing, the Secretary of Agriculture is author-
for a period-not to exceed the period cov-
extended by an Act of Congress. At the end of
ized to enter into agreements, of not more
ered by the agreement and an equal period
each three-year period following the date of
than ten years with landowners (including
thereafter of the cropland, crop acreage, and
enactment of this Act, the Secretary shall
owners of water rights) residents and ten-
allotment history applicable to land covered
adjust the fee to reflect any change in the
ants, and individually or collectively. de-
by the agreement for the purpose of any
cost of living index since the beginning of
termined by him to have control for the
Federal program under which such history
such three-year period
:
Provided,
how-
period of the agreement of lands in question
is used as a basis for an allotment or other
ever, That any operator of a coal mining op-
therein, providing for land stabilization, ero-
limitation on the production of such crop;
eration who is liable under any law of the
sion, and sediment control, and reclamation
or (2) surrender of any such history and
United States for payments to any Federal
through conservation treatment, including
allotments.
fund for the reclamation of coal-mined land
measures for the conservation and develop-
(8) The Secretary of Agriculture shall be
may take as a credit against the amount of
ment of soil, water (excluding stream chan-
authorised to issue such rules and regula-
such payment due in any year the amount
nelization). woodland, wildlife,
recrea-
tions as he determines are necessary to
of any reclamation fee or severance tax for
tion reseources,
and agricultural
carry out the provisions of this section.
abandoned mined lands paid to the State
productivity, of such lands. Such agree-
(h) In carrying out the provisions of
during that year. Such credits shall not ex-
ments shall be made by the Secretary with
this section, the Secretary of Agriculture
ceed one-half of the amount payable to the
the owners, including owners of water rights,
shall utilize the services of the Soil Con-
United States in any year.
residents, or tenants (collectively or indi-
servation Service.
(1) The term 'reclamation fee' includes
vidually) of the lands in question.
(1) Funds shall be made available to the
any fee, license, permit, or other charge for
(b) The landowner, including the owner
Secretary of Agriculture for the purposes of
the purpose of reclaiming, rehabilitating,
of water rights, resident, or tenant shall fur-
this section, as provided in section 401(c).
revegetating, reforesting, or otherwise re-
nish to the Secretary of Agriculture a con-
ACQUISITION AND RECLAMATION OF ABANDONED
pairing lands eligible under section 403.
servation and development plan setting forth
AND UNRECLAIMED MINED LANDS
(2) The term 'severance tax' includes any
the proposed land uses and conservation
tax, fee, or levy charged for or applied to
treatment which shall be mutually agreed by
Sec. 405. (a) (1) The Congress hereby de-
the extraction or severance of coal from
the Secretary of Agriculture and the land-
clares that the acquisition of any interest
owner, including owner of water rights, resi-
in land or mineral rights in order to elimi-
the ground for purposes in section 403.
(3) Funds credited pursuant to this
dent, or tenant to be needed on the lands
nate hazards to the environment or to the
section shall be considered as part of the
for which the plan was prepared. In those in-
health or safety of the public from mined
funds to be spent in that State by the Sec-
stances where it is determined that the
lands, or to construct, operate, or manage
water rights or water supply of a tenant,
reclamation facilities and projects consti-
retary as provided in subsection 3(e).
(e) The geographic allocation of expendi-
landowner, including owner of water rights,
tutes acquisition for a public use or purpose,
tures from the fund shall reflect both the
residents, or tenant have been adversely af-
notwithstanding that the Secretary plans to
fected by a surface or underground coal mine
hold the interest in land or mineral rights
area from which the revenue was derived as
so acquired as an open space or for recrea-
well as the program needs for the funds.
operation which has removed or disturbed a
tion, or to resell the land following comple-
Fifty per centum of the funds collected
stratum so as to significantly affect the hy-
tion of the reclamation facility or project.
annually in any State or Indian reservation
drologic balance, such plan may include pro-
(2) The Secretary may acquire by pur-
shall be expended in that State or Indian
posed measures to enhance water quality or
chase, donation, or otherwise, land or any
reservation by the Secretary to accomplish
quantity by means of joint action with other
interest therein, including reclamation ease-
the purposes of this title after receiving and
affected landowners, including owner of
ments, which has been affected by surface
considering the recommendation of the Gov-
water rights, residents, or tenants in consul-
mining and has not been reclaimed to its
ernor of that State or head of the governing
tation with appropriate State and Federal
approximate original condition. Prior to
agencies.
body of that tribe having jurisdiction over
making any acquisition of land under this
that reservation as the case may be:
(c) Such plan shall be incorporated in an
section, the Secretary shall make a thorough
Provided, however,
agreement under which the landowner, in-
study with respect to those tracts of-land
That if such funds have not been expended
cluding owner of water rights, resident, or
which are available for acquisition under
within three years after being paid into the
tenant shall agree with the Secretary of
this section and based upon those findings
fund, they shall be available for expenditure
Agriculture to effect the land uses and con-
he shall select lands for purchase according
in any area. The balance of funds collected
servation treatment provided for in such
to the priorities established in section 402.
on an annual basis may be expended in any
plan on the lands described in the agree-
Title to all lands or interests therein ac-
area at the discretion of the Secretary in
ment in accordance with the terms and con-
quired shall be taken in the name of the
order to meet the purposes of this title.
ditions thereof.
United States. The price paid for land under
(d) In return for such agreement by the
this section shall take into account the un-
OBJECTIVES OF FUND
landowner, including owner of water rights,
restored condition of the land. Prior to any
SEC. 402. Objectives for the obligation of
resident, or tenant the Secretary of Agricul-
individual acquisition under this section,
funds for the reclamation of previously
ture is authorized to furnish financial and
the Secretary shall specifically determine
mined areas shall reflect the following pri-
other assistance to such landowner, includ-
the cost of such acquisition and reclamation
orities in the order stated:
ing owner of water rights, resident, or tenant
and the benefits to the public to be gained
therefrom.
-5-
(3) For the purposes of this section, when
the Secretary shall give priority to lands
the Secretary seeks to acquire an interest in
in their unreclaimed state which will meet
shafts, and entryways resulting from mining
land or mineral rights, and cannot negotiate
the objectives as stated in section 402 above
constitute & hazard to the public health or
an agreement with the owner of such in-
when reclaimed. For those lands which are
safety. The Secretary, at the request of the
terest or right he shall request the Attorney
reclaimed for public recreational use, the
Governor of any State, is authorized to fill
General to file a condemnation suit and take
revenue derived from such lands shall be
such voids and seal such abandoned tunnels,
interest or right, following a tender of just
used first to assure proper maintenance of
shafts, and entryways which the Secretary
compensation awarded by a jury to such per-
such funds and facilities thereon and any
determines could endanger life and property
son. When the Secretary determines that
remaining moneys shall be deposited in the
or constitute a hazard to the public health
time is of the essence because of the likeli-
funds.
or safety.
hood of continuing or increasingly harmful
(8) Where land reclaimed pursuant to this
(b) In those instances where mine waste
effects upon the environment which would
section is deemed to be suitable for indus-
piles are being reworked for coal conserva-
substantially increase the cost or magnitude
trial, commercial, residential, or private rec-
tion purposes, the incremental costs of dis-
of reclamation or of continuing or increas-
reationab development, the Secretary may
posing of the wastes from such operations
ingly serious threats to life, safety. or health.
sell such land by public sale under & system
by filling voids and sealing tunnels may be
or to property, the Secretary may take such
of competitive bidding, at not less than fair
eligible for funding providing that the dis-
interest or rights immediately upon payment
market value and under such other regula-
posal of these wastes meet the purposes of
by the United States either to such person
tions as he may promulgate to insure that
this section.
or into a court of competent jurisdiction of
such lands are put to proper use, as deter-
(c) The Secreteary may acquire by pur-
such amount as the Secretary shall estimate
mined by the Secretary. If any such land
chase, donation, or otherwise such interest
to be the fair market value of such interest
sold is not put to the use specified by the
in land as he determines necessary to carry
or rights; except that the Secretary shall also
Secretary in the terms of the sales agree-
out the provisions of this section.
pay to such person any further amount that
ment, then all right, title, and interest in
FUND REPORT
may be subsequently awarded by a jury, with
such land shall revert to the United States.
interest from the date of the taking.
Money received from such sale shall be de-
SEC. 407. Not later than January 1, 1976,
(4) For the purposes of this section, when
posited in the fund.
and annually thereafter, the Secretary shall
report to the Congress on operations under
the Secretary takes action to acquire an in-
(9) The Secretary shall hold a public hear-
the fund together with his recommendations
terest in land and cannot determine which
ing with the appropriate notice, in the
as to future uses of the fund.
person or persons hold title to such interest
county or counties or the appropriate sub-
or rights, the Secretary shall request the
divisions of the State in which lands ac-
TRANSFER OF FUNDS
Attorney General to file a condemnation suit,
quired to be reclaimed pursuant to this title
SEC. 408. The Secretary of the Interior may
and give notice. and may take such interest
are located. The hearings shall be held at
transfer funds to other appropriate Federal
or rights immediately upon payment into
a time which shall afford local citizens and
agencies, in order to carry out the reclama-
court of such amount as the Secretary shall
governments the maximum opportunity to
tion activities authorized by this title.
estimate to be the fair market value of such
participate in the decision concerning the
interest or rights. If a person or persons es"
use of the lands once reclaimed.
TITLE V-CONTROL OF THE INVIRON-
tablishes title to such interest or rights
MENTAL IMPACTS OF SURFACE COAL
(b) (1) The Secretary is authorized to use
MINING
within six years from the time of their tak-
money in the fund to acquire, reclaim, de-
ing. the court shall transfer the payment to
velop, and transfer land to any State, or any
ENVIRONMENTAL PROTECTION STANDARDS
such person or persons and the Secretary
department, agency, or instrumentality of a
SEC. 501. Not later than the end of the
shall pay any further amount that may be
State or of & political subdivision thereof,
one-hundred-and-eighty-day period immedi-
agreed to pursuant to negotiations or
or to any person, firm, association, or cor-
ately following the date of enactment of this
awarded by a jury subsequent to the time
poration if he determines that such is an
Act, the Secretary shall promulgate and pub-
of taking If no person or persons establish
integral and necessary element of an eco-
lish in the Federal Register regulations cover-
title to the interest or rights within six
nomically feasible plan for a project to con-
ing a permanent regulatory procedure for
years from the time of such taking, the pay-
struct or rehabilitate housing for persons
surface coal mining and reclamation oper-
ment shall revert to the Secretary and be
employed in mines or work incidental there-
ations setting mining and reclamation per-
deposited in the fund.
to, persons disabled as the result of such
formance standards based on and incorpo-
(5) States are encouraged to acquire aban-
employment, persons displaced by govern-
rating the provisions of title V and establish-
doned and unreclaimed mined lands within
mental action, or persons dislocated as the
ing procedures and requirements for prepa-
their boundaries and to transfer such lands
result of natural disasters or catastrophic
ration, submission, and approval of State
to the Secretary to be reclaimed under ap-
failure from any cause. Such activities shall
programs and development. and implemen-
propriate Federal regulations. The Secre-
be accomplished under such terms and con-
tation of Federal programs under this title.
tary is authorized to make grants on a
ditions as the Secretary shall require, which
Such regulations shall not be promulgated
matching basis to States in such amounts as
may include transfers of land with or with-
and published by the Secretary until he
he deems appropriate for the purpose of car-
out monetary consideration: Provided, That
has-
rying out the provisions of this title but
to the extent that the consideration is below
(A) published proposed regulations in the
in no event shall any grant exceed 90 per
the fair market value of the land trans-
Federal Register and afforded interested per-
centum of the cost of acquisition of the lands
ferred, no portion of the difference between
sons and State and local governments a
for which the grant is made. When a State
the fair market value and the consideration
period of not less than forty-five days after
has made any such land available to the Fed-
shall accrue as a profit to such person, firm,
such publication to submit written com-
eral Government under this title, such State
association, or corporation. Land develop-
ments thereon;
shall have a preference right to purchase
ment may include the construction of pub-
(B) obtained the written concurrence of
such lands after reclamation at fair market
lic facilities or other improvements includ-
the Administrator of the Environmental Pro-
value less the State portion of the original
ing reasonable site work and offsite improve-
tection Agency with respect to those regula-
acquisition price. Notwithstanding the pro-
ments such as sewer and water extensions
tions promulgated under this section which
visions of paragraph (1) of this subsection,
which the Secretary determines necessary or
relate to air or water quality standards pro-
reclaimed land may be sold to the State
appropriate to the economic feasibility of
mulgated under the authority of the Federal
or local government in which it is located
a project. No part of the funds provided un-
Water Pollution Control Act, as amended (33
at a price less than fair market value, which
der this title may be used to pay the actual
U.S.C. 1151-1175), and the Clean Air Act,
in no case shall be less than the cost to the
construction costs of housing.
as amended (42 U.S.C. 1857); and
United States of the purchase and reclama-
tion of the land, as negotiated by the Secre-
(2) The Secretary may carry out the pur-
(C) held at least one public hearing on
the proposed regulations.
tary, to be used for a valid public purpose.
poses of this subsection directly or he may
If any land sold to a State or local govern-
make grants and commitments for grants,
The date, time, and place of any hearing
ment under this paragraph is not used for
and may advance maney under such terms
held on the proposed regulations shall be
a valid public purpose as specified by the
and conditions as he may require to any
set out in the publication of the proposed
State, or any department, agency, or in-
regulations. The Secretary shall consider all
Secretary in the terms of the sales agreement
then all right, title, and interest in such
s'rumentality of a State, or any public body
comments and relevant data presented at
land shall revert to the United States. Money
or nonprofit organization designated by a
such hearing before final promulgation and
State.
publication of the regulations.
received from such sale shall be deposited
(3) The Secretary may provide, or con-
INITIAL REGULATORY PROCEDURES
in the fund.
(6) The Secretary shall prepare specifica-
tract with public and private organizations
SEC. 502. (a) No person shall open or de-
tions for the reclamation of lands acquired
to provide information, advice, and technical
velop any new or previously mined or aban-
under this section. In preparing these spe-
assistance, including demonstrations, in
doned site for surface coal mining operations
cifications, the Secretary shall utilize the
furtherance of this subsection.
on lands on which such operations are regu-
specialized knowledge or experience of any
(4) The Secretary may make expenditures
lated by a State unless such person has ob-
Federal State
to carry out the purposes of this subsection,
tained a permit from the State regulatory
department or agency which can
without regard to the provisions of section
authority.
assist him in the development or implemen-
403. in any area experiencing a rapid de-
(b) All surface coal mining operations on
GERALD
tation of the reclamation program required
velopment of its energy resources which the
lands on which such operations are regulated
under this title.
Secretary has determined does not have ade-
by the State which commence operations
(7) In selecting lands to be acquired pur-
quate housing facilities.
pursuant to a permit issued on or after the
suant to this section and in formulating
FILLING VOIDS AND SEALING TUNNELS
date of enactment of this Act shall comply,
regulations for the making of grants to the
SEC. 406. (a) The Congress declares that
and such permits shall contain terms requir-
States to acquire lands pursuant to this title,
voids and open and abandoned tunnels,
ing compliance with the provisions of sub-
sections 515(b) (2), 515(b) (3), 515(b) (5),
515(b) (10), 515(b) (13), 515(b) (19), and 515
(d) of this Act.
-6-
(c) On and after one hundred and thirty-
five days from the date of enactment of this
(5) provide that moneys authorized by
The Secretary shall approve or disapprove a
Act, all surface coal mining operations on
section 714 shall be available to the Secre-
State program, in whole or in part, within
lands on which such operations are regulated
tary prior to the approval of a State pro-
six full calendar months after the date such
by a State which are in operation pursuant to
gram pursuant to this Act to reimburse the
State program was submitted to him.
a permit issued before the date of enactment
States for conducting those inspections in
(c) If the Secretary disapproves any pro-
of this Act shall comply with the provisions
which the standards of this Act are enforced
posed State program in whole or in part, he
of subsections 515(b) (2), 515(b) (3), 515(b)
and for the administration of this section.
shall notify the State in writing of his de-
(5), 515(b) (10), 515(b) (13), 515(b) (19), and
(g) Following the final disapproval of a
eision and set forth in detail the reasons
515(d) of this Act. with respect to lands from
State program, and prior to promulgation of
therefor. The State shall have sixty days in
which overburden and the coal seam being
a Federal program or a Federal lands pro-
which to resubmit a revised State program,
mined have not been removed.
gram pursuant to this Act, including judicial
or portion thereof. The Secretary shall ap-
(d) Upon the request of the permit appli-
review of such a program, existing surface
prove or disapprove the resubmitted State
cant or permittee subsequent to a written
coal mining operations may continue sur-
program or portion thereof within sixty days
finding by the regulatory authority and
face mining operations pursuant to the pro-
from the date of resubmission.
under the conditions and procedures set
visions of section 502 of this Act.
(d) For the purposes of this section and
forth in subsection 515(c), the regulatory au-
section 504, the inability of & State to take
STATE PROGRAMS
thority may grant variances from the re-
any action the purpose of which is to pre-
quirement to restore to approximate orig-
Sec. 508. (a) Each State in which there is
pare, submit, or enforce a State program, or
inal contour set forth in subsection 515(b)
or may be conducted surface coal mining
any portion thereof, because the action is
operations, and which wishes to assume ex-
enjoined by the issuance of an injunction by
(3) and 515(d).
(e) Not later than twenty months from
clusive jurisdiction over the regulation of
any court of competent jurisdiction shall
the date of enactment of this Act, all opera-
surface coal mining and reclamation opera-
not result in a loss of eligibility for financial
tors of surface coal mines in expectation of
tions, except as provided in section 521 and
assistance under titles IV and VII of this
title IV of this Act shall submit to the
operating such mines after the date
Act or in the imposition of a Federal pro-
of approval of a State program, or the
Secretary, by the end of the eighteen-month
gram. Regulation of the surface coal mining
implementation of a Federal program, shall
period beginning on the date of enactment
and reclamation operations covered or to be
file an application for a permit with the
of this Act, a State program which demon-
covered by the State program subject to the
strates that such State has the capability of
injunction shall be conducted by the State
regulatory authority, such application to
cover those lands to be mined after the date
carrying out the provisions of this Act and
pursuant to section 502 of this Act, until
meeting its purposes through-
such time as the injunction terminates or
of approval of the State program. The regu-
latory authority shall process such applica-
(1) a State law which provides for the
for one year, whichever is shorter, at which
regulation of surface coal mining and recla-
time the requirements of section 503 and 504
tions and grant or deny a permit within six
months after the date of approval of the
mation operations in accordance with the
shall again be fully applicable.
State program, but in no case later than
requirements of this Act and the regulations
PEDERAL PROGRAMS
thirty months from the date of enactment
issued by the Secretary pursuant to this Act;
Sac. 504. (a) The Secretary shall prepare
of this Act.
(2) a State law which provides sanctions
and, subject to the provisions of this section,
(f) No later than one hundred and thirty-
for violations of State laws, regulations, or
promulgate and implement a Federal pro-
five days from the date of enactment of this
conditions of permits concerning surface
gram for a State if such State-
Act, the Secretary shall implement a Federal
coal mining and reclamation operations,
which sanctions shall meet the minimum re-
(1) fails to submit & State program cov-
enforcement program which shall remain in
quirements of this Act, including civil and
ering surface coal mining and reclamation
effect in each State in which there is sur-
face coal mining until the State program has
criminal actions, forfeiture of bonds, suspen-
operations by the end of the eightean-month
been approved pursuant to this Act or until
sion, revocation, and withholding of permits,
period beginning on the date of enactment
and the issuance of cease-and-desist orders
of this Act;
a Federal program has been implemented
by the State regulatory authority or its in-
(2) fails to resubmit an acceptable State
pursuant to this Act. The enforcement pro-
spectors;
program within sixty days of disapproval of
gram shall-
a proposed State program: Provided, That
(1) include inspections of surface coal
(3) a State regulatory authority with suf-
the Secretary shall not implement & Federal
mine sites which shall be made on a random
ficient administrative and technical person-
program prior to the expiration of the initial
basis (but at least one inspection for every
nel, and sufficient funding to enable the
period allowed for submission of a State
site every three months), without advance
State to regulate surface coal mining and
notice to the mine operator and for the pur-
program as provided for in clause (1) of this
reclamation operations in accordance with
subsection; or
pose of ascertaining compliance with the
the requirements of this Act;
standards of subsection (b) above. The Sec-
(3) fails to implement, enforce, or main-
(4) a State law which provides for the
cretary shall order any necessary enforce-
tain its approved State program as provided
effective implementation, maintenance, and
for in this Act.
ment action to be implemented pursuant to
enforcement of & permit system, meeting the
the Federal enforcement provision of this
If State compliance with clause (1) of this
requirements of this title for the regulation
title to correct violations identified at the
subsection requires an act of the State leg-
inspections;
of surface coal mining and reclamation op-
islature the Secretary may extend the period
(2) provide that upon receipt of inspection
erations for coal on lands within the State;
for submission of a State program up to an
reports indicating that any surface coal min-
(5) establishment of a process for the des-
additional six months. Promulgation and im-
ing operation has been found in violation of
ignation of areas as unsuitable for surface
plementation of a Federal program vests the
section (b) above, during not less than two
coal mining in accordance with section 522;
Secretary with exclusive jurisdiction for the
consecutive State inspections or upon re-
(6) establishment, for the purposes of
regulation and control of surface coal min-
ceipt by the Secretary of information which
avoiding duplication, of a process for coordi-
ing and reclamation operations taking place
would give rise to reasonable belief that such
nating the review and issuance of permits
on lands within any State not in compliance
standards are being violated by any surface
for surface coal mining and reclamation op-
with this Act. After promulgation and im-
ocal mining operation, the Secretary shall
erations with any other Federal or State per-
plementation of a Federal program the Sec-
order the immediate inspection of such op-
tions. mit process applicable to the proposed opera-
retary shall be the regulatory authority. In
eration by Federal inspectors and the neces-
promulgating and implementing a Federal
sary enforcement actions, if any, to be im-
(b) The Secretary shall not approve any
plemented pursuant to the Federal enforce-
State program submitted under this sec-
program for a particular State the Secretary
shall take into consideration the nature of
tion until he has-
ment provisions of this title. When the Fed-
(1) solicited and publicly disclosed the
that State's terrain, climate, biological, chem-
eral inspection results from information pro-
vided to the Secretary by any person, the
views of the Administrator of the Environ-
ical, and other relevant physical conditions.
(b) In the event that a State has a State
Secretary shall notify such persons when the
mental Protection Agency, the Secretary of
Agriculture, and the heads of other Federal
program for surface coal mining, and is not
Federal inspection is proposed to be carried
out and such person shall be allowed to ac-
agencies concerned with or having special
enforcing any part of such program, the Sec-
expertise pertinent to the proposed State
retary may provide for the Federal enforce-
company the inspector during the inspection;
program;
ment, under the provisions of section 521, of
(3) for purposes of this section, the term
(2) obtained the written concurrence of
that part of the State program not being
"Federal inspector" means personnel of the
the Administrator of the Environmental Pro-
enforced by such State.
Office of Surface Mining Reclamation and
tection Agency with respect to those aspects
(c) Prior to promulgation and implemen-
Enforcement and such additional personnel
of a State program which relate to air or
tation of any proposed Federal program, the
of the United States Geological Survey, Bu-
water quality standards promulgated under
Secretary shall give adequate public notice
reau of Land Management, or of the Mining
the authority of the Federal Water Pollution
and hold a public hearing in the affected
Enforcement and Safety Administration so
Control Act, as amended (83 U.S.C. 1151-
State.
designated by the Secretary, or such other
1175), and the Clean Air Act, as amended
(d) Permits issued pursuant to an ap-
personnel of the Forest Service, Soil Con-
(42 U.S.C. 1857);
proved State program shall be valid but re-
servation Service, or the Agricultural Sta-
(3) held at least one public hearing on the
viewable under a Federal program. Immedi-
bilization and Conservation Service as ar-
State program within the State; and
ately following promulgation of a Federal
ranged by appropriate agreement with the
Secretary on a reimbursable or other basis;
(4) found that the State has the legal
program, the Secretary shall undertake to
(4) provide that the State regulatory
authority and qualified personnel necessary
review such permits to determine that the
for the enforcement of the environmental
requirements of this Act are not violated. If
agency file with the Secretary and with a
protection standards.
the Secretary determines any permit to have
designated Federal office centrally located in
been granted contrary to the requirements
the country or area in which the inspected
of this Act, he shall so advise the permittee
surface coal mine is located copies of inspec-
and provide him a reasonable opportunity
tion reports made;
-7-
for submission of a new application and rea-
ant to section 504 of this Act, no person shall
sonable time to conform on-going surface
enforcing such permit issued pursuant to a
engage in or carry out on lands within a
mining and reclamation operations to the
State or Federal program. The regulatory au-
State any surface coal mining operations
thority may develop procedures so as to en-
requirements of the Federal program.
unless such person has first obtained a per-
able the cost of the fee to be paid over the
(e) A State which has failed to obtain the
mit issued by such State pursuant to an ap-
term of the permit.
approval of a State program prior to imple-
proved State program or by the Secretary
(b) The permit application shall be sub-
mentation of a Federal program may submit
pursuant to a Federal program; except a
mitted in a manner satisfactory to the regu-
a State program at any time after such im-
person conducting surface coal mining oper-
latory authority and shall contain, among
plementation. Upon the submission of such
ations under a permit from the State regu-
other things—
a program, the Secretary shall follow the
latory authority, issued in accordance with
procedures set forth in section 503(b) and
the provisions of section 502 of this Act, may
(1) the names and address of (A) the per-
shall approve or disapprove the State pro-
conduct such operations beyond such period
mit applicant; (B) every legal owner of rec-
gram within six months after its submittal.
if an application for a permit has been filed
ord of the property (surface and mineral) to
Approval of a State program shall be based
in accordance with the provisions of this Act,
be mined; (0) the holders of record of any
on the determination that the State has the
but the initial administrative decision has
leasehold interest in the property; (D) any
capability of carrying out the provisions of
purchaser of record of the property under a
not been rendered.
this Act and meeting its purposes through
real estate contract; (E) the operator if he
(b) All permits issued pursuant to the re-
the criteria set forth in section (1)
is a person different from the applicant; and
quirements of this Act shall be issued for a
through (6). Until a State program is ap-
(F) if any of these are business entities other
term not to exceed five years and shall be
proved as provided under this section, the
than a single proprietor, the names and ad-
nontransferable: Provided, That a successor
Federal program shall remain in effect and
dresses of the principals, officers, and resi-
in interest to a permittee who applies for a
all actions taken by the Secretary pursuant
dent agent;
new permit within thirty days of succeeding
to such Federal program. including the terms
(2) the rishes and addresses of the owners
to such interest and who is able to obtain
of record of all surface and subsurface areas
and conditions of any permit issued there-
the bond coverage of the original permittee
within five hundred feet of any part of the
under, shall remain in effect.
may continue surface coal mining and rec-
permit area;
(f) Permits issued pursuant to the Fed-
lamation operations according to the ap-
(3) a statement of any current or pre-
eral program shall be valid but reviewable
proved mining and reclamation plan of the
vious surface coal mining permits in the
under the approved State program. The State
original permittee until such successor's ap-
United States held by the applicant and the
regulatory authority may review such per-
plication is granted or denied.
permit identification;
mits to determine that the requirements of
(c) A permit shall terminate if the per-
(4) if the applicant is a partnership, cor-
this Act and the approved State program
mittee has not commenced the surface coal
poration, association, or other business en-
are not violated. If the State regulatory au-
mining and reclamation operations covered
tity, the following where applicable: the
thority determines any permit to have been
by such permit within three years of the
names and addresses of every officer, partner,
granted contrary to the requirements of this
issuance of the permit
director, or person performing a function
Act or the approved State program, he shall
provided that with respect to coal
similar to a director, of the applicant, to-
SO advise the permittee and provide him a
to be mined for use in a synthetic fuel fa-
gether with the name and address of any
reasonable opportunity for submission of a
cility, the permittee shall be deemed to have
person owning, of record or beneficially
new application and reasonable time to con-
commenced surface mining operations at
either alone or with associates, 10 per centum
form ongoing surface mining and reclama-
such time as the construction of the syn-
or more of any class of stock of the applicant
tion operations to the requirements of this
thetic fuel facility is initiated.
and a list of all names under which the ap-
Act or approved State program.
(d) (1) Any valid permit issued pursuant
plicant, partner, or principal shareholder
(g) Whenever a Federal program is prom-
to this Act shall carry with it the right of
previously operated a surface mining opera-
ulgated for a State pursuant to this Act, any
successive renewal upon expiration with re-
tion within the United States;
statutes or regulations of such State which
spect to areas within the boundaries of the
(5) a statement of whether the applicant,
are in effect to regulate surface mining and
existing permit. The holder of the permit
any subsidiary, affiliate, or persons controlled
reclamation operations subject to this Act
may apply for renewal and such renewal shall
by or under common control with the appli-
shall, insofar as they interfere with the
be issued, subsequent to public hearing upon
cant, has ever held a Federal or State min-
achievement of the purposes and the re-
the following requirements and written find-
ing permit which subsequent to 1960 has
quirements of this Act and the Federal pro-
ing by the regulatory authority that-
been suspended or revoked or has had a min-
gram, be preempted and superseded by the
(A) the terms and conditions of the exist-
ing bond or similar security deposited in lieu
Federal program.
ing permit are being satisfactorily met;
of bond forfeited and, if so, a brief explana-
(h) Any Federal program shall include a
(B) the present surface coal mining and
tion of the facts involved;
process for coordinating the review and is-
reclamation operation is in full compliance
(6) a copy of the applicant's advertise-
suance of permits for surface mining and
with the environmental protection stand-
ment to be published in a newspaper of gen-
reclamation operations with any other Fed-
ards of this Act and the approved State plan
eral circulation in the locality of the pro-
eral or State permit process applicable to the
pursuant to this Act;
posed site at least once a week for four suc-
proposed operation.
(C) the renewal requested does not jeop-
cessive weeks, and which includes the owner-
STATE LAWS
ardize the operator's continuing responsibil-
ship, a description of the exact location and
SEC. 505. (a) No State law or regulation
ity on existing permit areas;
boundaries of the proposed site sufficient so
in effect on the date of enactment of this
(D) the operator has provided evidence
that the proposed operation is readily locat-
Act, or which may become effective there-
that the performance bond in effect for said
able by local residents, and the location of
after, shall be superseded by any provision
operation will continue in full force and
where the application is available for public
of this Act or any regulation issued pursu-
effect for any renewal requested in such ap-
inspection;
ant thereto, except insofar as such State law
plication as well as any additional bond the
(7) a description of the type and method
or regulation is inconsistent with the provi-
regulatory authority might require pursuant
of coal mining operation that exists or is
sions of this Act.
to section 509; and
proposed, the engineering techniques pro-
(E) any additional revised or updated
posed or used, and the equipment used or
(b) Any provision of any State law or reg-
information required by the regulatory au-
proposed to be used;
ulation in effect upon the date of enactment
thority has been provided. Prior to the
(8) the anticipated or actual starting and
of this Act, or which may become effective
approval of any extension of permit the
termination dates of each phase of the min-
thereafter, which provides for more stringent
regulatory authority shall provide notice
ing operation and number of acres of land
land use and environmental controls and reg-
to the appropriate public authorities.
to be affected;
ulations of surface coal mining and reclama-
(2) If an application for renewal of a valid
(9) evidence of the applicant's legal right
tion operations than do the provisions of this
permit includes a proposal to extend the
to enter and commence surface mining op-
Act or any regulation issued pursuant thereto
shall not be construed to be inconsistent
mining operation beyond the boundaries au-
erations on the area affected;
thorized in the existing permit, the portion
(10) the name of the watershed and loca-
with this Act. Any provision of any State law
of the application for revision of a valid
tion of the surface stream or tributary into
or regulation in effect on the date of enact-
permit which addresses any new land areas
which surface and pit drainage will be dis-
ment of this Act, or which may become ef-
shall be subject to the full standards appli-
charged;
fective thereafter, which provides for the con-
trol and regulation of surface mining and
cable to new applications under this Act.
(11) a determination of the hydrologic con-
reclamation operations for which no provi-
(3) Any permit renewal shall be for a term
sequences of the mining and reclamation op-
not to exceed the period of the original per-
erations, both on and off the mine site, with
sion is contained in this Act shall not be con-
mit established by this Act. Application for
respect to the hydrologic regime, quantity
strued to be inconsistent with this Act.
permit renewal shall be made at least one
and quality of water in surface and ground
(c) Nothing in this Act shall be construed
hundred and twenty days prior to the ex-
water systems including the dissolved and
as affecting in any way the right of any per-
son to enforce or protect, under applicable
piration of the valid permit.
suspended solids under seasonal flow condi-
State law, his interest in water resources af-
APPLICATION REQUIREMENTS
tions and the collection of sufficient data
for the mine site and surrounding trea so
fected by a surface coal mining operation.
SEC. 507. (a) Each application for a sur-
that an assessment can be made of the prob-
face coal mining and reclamation permit
PERMITS
able cumulative impacts of all anticipated
pursuant to an approved State program or
SEC. 506. (a) On and after six months from
mining in the area upon the hydrology of
a Federal program under the provisions of
the date on which a State program is ap-
the area and particularly upon water avail-
this Act shall be accompanied by a fee or
proved by the Secretary, pursuant to sec-
ability.
portion thereof as determined by the regu-
tion 503 of this Act, or on and after six
latory authority. Such fee shall be based as
(12) when requested by the regulatory
months from the date on which the Secre-
nearly as possible upon the actual or antici-
authority, the climatological factors that are
tary has promulgated a Federal program for
pated cost of reviewing, administering, and
peculiar to the locality of the land to be
a State not having a State program pursu-
-8-
affected, including the average seasonal pre-
cipitation, the average direction and velocity
erations and entitled to compensation under
applicant, which lands are contiguous to the
of prevailing winds, and the seasonal tein-
the applicable provisions of State law. Such
area to be covered by the permit;
persons ranges,
policy shall be maintained in full force and
(12) the results of test borings which the
(13) an accurate map or plan to an ap-
effect during the terms of the permit or any
applicant has made at the area to be cov-
propriate scale clearly showing (A) the
renewal, including the length of all reclama-
ered by the permit, including the location of
land to be affected as of the date of appli-
tion operations.
subsurface water, and an analysis of the
cation and (B) all types of information set
(d) Each applicant for a permit shall be
chemical properties including acid forming
forth on topographical maps of the United
required to submit to the regulatory author-
properties of the mineral and overburden:
States Geological Survey of a scale of 1:24,000
11.y as part of the permit application a rec-
Provided, That information about the min-
or larger, including all manmade features and
lamation plan which shall meet the require-
eral shall be withheld by the regulatory au-
significant known archeological sites exist-
ments of this Act.
thority if the applicant 50 requests;
ing on the date of application. Such a map
(e) Each applicant for a surface coal min-
(13) a detailed description of the measures
or plan shall among other things specified
ing and reclamation permit shall file a copy
to be taken during the mining and reclama-
by the regulatory authority show all bound-
of his application for public inspection with
tion process to assure the protection of (A)
aries of the land to be affected, the bound-
the recorder at the courthouse of the county
the quantity and quality of surface and
ary lines and names of present owners of
or an appropriate official approved by the
ground water systems, both on- and off-site,
record of all surface areas abutting the
regulatory authority where the mining is
from adverse effects of the mining and rec-
permit area, and the location of all buildings
proposed to occur, except for that informa-
lamation process, and (B) the rights of pres-
within one thousand feet of the permit area;
tion pertaining to the coal seam itself.
ent users to such water; and
(14) cross-section maps or plans of the
(14) such other requirements as the regu-
RECLAMATION PLAN REQUIREMENTS
land to be affected including the actual area
latory authority shall prescribe by regulation.
to be mined, prepared by or under the di-
SEC. 508. (a) Each reclamation plan sub-
(b) Any information required by this sec-
rection of and certified by a registered pro-
mitted as part of a permit application pur-
tion which is not on public file pursuant to
fessional engineer, or registered land sur-
suant to any approved State program or a
State law shall be held in confidence by the
veyor and a professional geologist (when
Federal program under the provisions of this
regulatory authority.
specific subsurface information is deemed
Act shall include, in the degree of detail
PERFORMANCE BONDS
essential and requested by the regulatory
necessary to demonstrate that reclamation
authority 'or other qualified personnel at
required by the State or Federal program can
Sec. 509. (a) After a surface coal mining
be accomplished, a statement of:
and reclamation permit application has been
State universities),
showing pertinent elevation and
(1) the identification of the entire area to
approved but before such a permit is issued,
location of test borings or core samplings
be mined and affected over the estimated
the applicant shall file with the regulatory
and depicting the following information: the
life of the mining operation and the size,
authority, on a form prescribed and fur-
sequence, and timing of the subareas for
nished by the regulatory authority, a bond
nature and depth of the various strata of
which it is anticipated that individual per-
for performance payable, as appropriate, to
overburden; the location of subsurface
mits for mining will be sought;
the United States or to the State, and con-
water, if encountered, and its quality; the
nature and thickness of any coal or rider
(2) the condition of the land to be covered
ditional upon faithful performance of all
seam above the coal seam to be mined; the
by the permit prior to any mining including:
the requirements of this Act and the permit.
nature of the stratum immediately beneath
(A) the uses existing at the time of the
The bond shall cover that area of land with-
application, and if the land has a history of
in the permit area upon which the operator
the coal seam to be mined; all mineral crop
lines and the strike and dip of the coal to be
previous mining, the uses which preceded
will initiate and conduct surface coal mining
any mining; and
and reclamation operations within the ini-
mined within the area of land to be affected;
(B) the capability of the land prior to any
tial term of the permit. As succeeding incre-
existing or previous surface mining limits;
the location and extent of known workings
mining to support a variety of uses giving
ments of surface coal mining and reclamation
or any underground mines, including mine
consideration to soil and foundation charac-
operations are to be initiated and conducted
teristics, topography, and vegetative cover;
within the permit area, the permittee shall
openings to the surface; the location of
(3) the use which is proposed to be made
file with the regulatory authority an addi-
aquifers; the estimated elevation of the
of the land following reclamation, including
tional bond or bonds to cover such incre-
water table; the location of spoil, waste, or
refuse areas and topsoil preservation areas;
a discussion of the utility and capacity of the
ments in accordance with this section. The
reclaimed land to support a variety of alter-
amount of the bond required for each
the location of all impoundments for waste
bonded area shall depend upon the reclama-
or erosion control; any settling or water
native uses and the relationship of such use
treatment facilities; constructed or natural
to existing land use policies and plans, and
tion requirements of the approved permit
the comments of any State and local govern-
and shall be determined by the regulatory
drainways and the location of any discharges
ments or agencies thereof which would have
authority on the basis of at least two inde-
to any suface body of water on the area of
land to be affected or adjacent thereto; and
to approve or authorize the proposed use of
pendent estimates. The amount of the bond
the land following reclamation;
shall be sufficient to assure the completion of
profiles at appropriate cross sections of the
(4) a detailed description of how the pro-
the reclamation plan if the work had to be
anticipated final surface configuration that
posed post-mining land use is to be achieved
performed by a third party in the event of
will be achieved pursuant to the operator's
and the necessary support activities which
forfeiture and in no case shall the bond be
proposed reclamation plan;
may be needed to achieve the proposed land
less than $10,000.
(15) a statement of the results of test
use;
(b) Liability under the bond shall be for
borings or core samplings from the permit
(5) the engineering techniques proposed to
the duration of the surface coal mining and
area, including logs of the drill holes; the
be used in mining and reclamation and a
reclamation operation and for a period coin-
thicknes of the coal seam found, an analysis
description of the major equipment; a plan
cident with operator's responsibility for veg-
of the chemical properties of such coal; the
for the control of surface water drainage and
etation requirements in section 515. The
sulfur content of any coal seam; chemical
of water accumulation; a plan, where ap-
bond shall be executed by the operator and
analysis of potentially acid or toxic forming
propriate, for backfilling, soil stabilization,
a corporate surety licensed to do business in
sections of the overburden; and chemical
and compacting, grading, and appropriate re-
the State where such operation is located,
analysis of the stratum lying immediately
vegetation
except that the operator may elect to deposit
underneath the coal to be mined; and
: an estimate of the
cash, negotiable bonds of the United States
(16) information pertaining to coal seams,
cost per acre of the reclamation, including
Government or such State, or negotiable cer-
test borings, or core samplings as required
a statement as to how the permittee plans to
tificates of deposit of any bank organized or
by this section shall be made available to
comply with each of the requirements set
transacting business in the United States.
any person with an interest which is or may
out in section 515;
The cash deposit or market value of such
be adversely affected: Provided, That in-
(6) the steps to be taken to comply with
securities shall be equal to or greater than
formation which pertains only to the analysis
applicable air and water quality laws and
the amount of the bond required for the
of the chemical and physical properties of
regulations and any applicable health and
bonded area.
the coal (excepting information regarding
safety standards;
(c) The regulatory authority may accept
such mineral or elemental content which is
(7) the consideration which has been given
the bond of the applicant itself without sep-
potentially toxic in the environment) shall
to developing the reclamation plan in a man-
arate surety when the applicant demon-
be kept confidential and not made a matter
ner consistent with local, physical environ-
strates to the satisfaction of the regulatory
of public record.
mental, and climatological conditions and
authority the existence of a suitable agent
(c) Each applicant for a permit shall
current mining and reclamation technolo-
to receive service of process and a history of
be required to submit to the regulatory
gies;
financial solvency and continuous operation
authority as part of the permit applica-
(8) the consideration which has been given
sufficient for authorizaton to self-insure or
cation a certificate issued by an insur-
to insuring the maximum practicable recov-
bond such amount.
ance company authorized to do business in
ery of the mineral resource;
(d) Cash or securities so deposited shall
the United States certifying that the appli-
(9) a detailed estimated timetable for the
be deposited upon the same terms as the
cant has a public liability insurance policy in
accomplishment of each major step in the
terms upon which surety bonds may be de-
force for the surface mining and reclama-
reclamation plan;
posited. Such securities shall be security for
tion operations for which such permit is
(10) the consideration which has been
the repayment of such negotiable certificate
given to making the surface mining and
of deposit.
sought, or evidence that the applicant has
satisfied other State or Federal self-insur-
reclamation operations consistent with ap-
(e) The amount of the bond or deposit re-
ance requirements. Such policy shall pro-
plicable State and local land use plans and
quired and the terms of each acceptance of
vide for personal injury and property damage
programs;
the applicant's bond shall be adjusted by the
protection in an amount adequate to com-
(11) all lands, interests in lands, or options
regulatory authority from time to time as
pensate any persons damaged as a result
on such interests held by the applicant or
affected land acreages are increased or de-
of surface coal mining and reclamation op-
pending bids on interests in lands bv the
creased or where the cost of future reclama-
tion obviously changes.
-9-
PERMIT APPROVAL OR DENIAL
(c) The applicant shall file with his per-
(3) & description of existing roads, rail-
SEC. 510. (a) Upon the basis of a complete
mit application a schedule listing any and
roads, utilities, and rights-of-way, if not
mining application and reclamation plan or a
all notices of violations of this Act and any
shown on the topographical map;
revision or renewal thereof, as required by
law, rule, or regulation of the United States
(4) the location of all surface bodies of
this Act and pursuant to an approved State
or of any department or agency in the
water, if not shown on the topographical
program or Federal program under the provi-
United States pertaining to air or water
map;
sions of this Act, including public notifica-
environmental protection incurred by the
(5) the planned approximate location of
any access roads, cuts, drill holes, and Deces-
tion and an opportunity for a public hearing
applicant in connection with any surface
sary facilities that may be constructed in the
as required by section 513, the regulatory
coal mining operation during the one-year
course of exploration, all of which shall be
authority shall grant or deny the applica-
period prior to the date of application. The
plotted on the topographical map;
tion for a permit and notify the applicant in
schedule shall also indicate the final resolu-
(6) the estimated time of exploration;
writing. Within ten days after the granting
tion of any such notice of violation. Where
(7) the ownership of the surface land to
of a permit, the regulatory authority shall
the schedule or other information available
be explored;
notify the State and the local official who
to the regulatory authority indicates that
(8) the written permission of all surface
has the duty of collecting real estate taxes
any surface coal mining operation owned or
landowners of any exploration activities, ex-
in the local political subdivision in which the
controlled by the applicant is currently in
cept where applicant owns such explora-
area of land to be affected is located that
violation of this Act or such other laws
tion rights;
a permit has been issued and shall describe
referred to in this subsection, the permit
(9) provisions for reclamation of all land
the location of the land.
shall not be issued until the applicant sub-
disturbed in exploration, including exceva-
(b) No permit, revision, or renewal appli-
mits proof that such violation has been
tions, roads, driH holes, and the removel of
cation shall be approved unless the applica-
corrected or is in the process of being cor-
necessary facilities and equipment; and
tion affirmatively demonstrates and the reg-
rected to the satisfaction of the regulatory
(10) such other information as the regula-
ulatory authority finds in writing on the
authority, department, or agency which has
tory authority may require.
basis of the information set forth in the
jurisdiction over such violation.
(c) Specifically identified information sub-
application or from information otherwise
REVISION OF PERMITS
mitted by the applicant in the application
available which will be documented in the
SEC. 511. (a) (1) During the term of the
and supporting technical data as confiden-
approval, and made available to the appli-
permit the permittee may submit an appli-
tial concerning trade secrets or privileged
cant, that—
cation, together with a revised reclamation
commercial or financial information which
(1) all the requirements of this Act and
plan, to the regulatory authority for a revi-
relates to the competitive rights of the appli-
the State or Federal program have been com-
sion of the permit.
cant shall not be available for public exami-
plied with;
(2) An application for a revision of a
nation.
(2) the applicant has demonstrated that
permit shall not be approved unless the
(d) If an applicant is denied & cost explora-
reclamation as required by this Act and the
regulatory authority finds that reclamation
tion permit under this Act, or If the regula-
State or Federal program can be accomplished
as required by this Act and the State or
tory authority fails to act within a reasonable
under the reclamation plan contained in the
Federal program can be accomplished under
time, then the applicant may seek relief
permit application;
the revised Reclamation Plan. The revision
under the appropriate administrative proce-
(3) the assessment of the probable cumu-
shall be approved or disapproved within a
dures.
lative impact of all anticipated mining in the
period of time established by the State or
(e) Any person who conducts any coal ex-
area on the hydrologic balance specified in
Federal program. The regulatory authority
ploration activities in connection with sur-
section 507(b) has been made and the pro-
shall establish guidelines for a determina-
face coal mining operations under this Act
posed operation thereof has been designed
tion of the scale or extent of a revision re-
to prevent irreparable offsite impacts to hy-
without first having obtained a permit to
quest for which all permit application in-
drologic balance;
explore from the appropriate regulatory au-
formation requirements and procedures, in-
thority or shall fail to conduct such ex-
(4) the area proposed to be mined is not
cluding notice and hearings, shall apply:
ploration activities in a manner consistent
included within an area designated unsuit-
Provided, That any revisions which propose a
able for surface coal mining pursuant to sec-
with his approved coal exploration permit,
substantial change in the intended future
tion 522 of this Act or is not within an area
shall be subject to the provisions of section
use of the land or significant alterations
518.
under study for such designation in an ad-
in the Reclamation Plan shall, at a mini-
ministrative proceeding commenced pursuant
mum, be subject to notice and hearing re-
PUBLIC NOTICE AND PUBLIC HEARINGS
to section 522(a) (4) (D) or section 522(c)
quirements.
SEC. 513. (a) At the time of submission of
(unless in such an areas as to which an ad-
(3) Any extensions to the area covered by
an application for a surface coal mining and
ministrative proceeding has commenced pur-
the permit except incidental boundary re-
reclamation permit, or revision of an exist-
suant to section 522(a) (4) (D) of this Act,
visions must be made by application for
ing permit, pursuant to the provisions of this
the operator making the permit application
another permit.
Act or an approved State program, the appli-
demonstrates that, prior to the date of en-
(b) No transfer, assignment, or sale of
cant shall submit to the regulatory authority
actment of this Act, he has made substantial
the rights granted under any permit issued
a copy of his advertisement of the ownership,
legal and financial commitments in relation
pursuant to this Act shall be made without
precise location, and boundaries of the land
to the operation for which he is applying for
the written approval of the regulatory au-
to be affected. At the time of submission
a permit); and
thority.
such advertisement shall be placed in a local
(5) The proposed surface coal mining op-
(c) The regulatory authority may require
newspaper of general circulation in the lo-
eration, if located west of the one hundredth
reasonable revision or modification of the
cality of the proposed surface mine at least
meridian west longitude, would-
permit provisions during the term of such
once a week for four consecutive weeks. The
(A) not adversely affect, or be located
permit: Provided, That such revision or
regulatory authority shall notify various lo-
within, alluvial valley floors, underlain by
modification shall be subject to notice and
cal governmental bodies, planning agencies,
unconsolidated stream-laid deposits where
hearing requirements established by the
and sewage and water treatment authorities,
farming or ranching can be practiced on
State or Federal program.
or water companies in the locality in which
irrigated or naturally subirrigated hay-
COAL EXPLORATION PERMITS
the proposed surface mining will take place,
meadows, pasturelands, or croplands; or
SEC. 512. (a) Each State program or Fed-
notifying them of the operator's intention to
surface mine a particularly described tract of
eral program shall include a requirement
that coal exploration operations which sub-
land and indicating the application's permit
(B) not adversely affect the quantity or
stantially disturb the natural land surface be
number and where a copy of the proposed
quality of water in surface or underground
conducted under a permit issued by the regu-
mining and reclamation plan may be in-
water systems that supply these valley floors
latory authority.
spected. These local bodies, agencies, author-
in (A) of subsection (b) (5); or
(b) Each application for a coal exploration
ities, or companies have obligation to sub-
(C) not alter the channel of a significant
permit pursuant to an approved State or
mit written comments within thirty days on
watercourse which is identified as a stream
Federal program under the provisions of this
the mining applications with respect to the
fed by (1) a spring, other ground-water
Act shall be accompanied by a fee established
effect of the proposed operation on the en-
discharge, or surface flow that flows an
by the regulatory authority. Such fee shall be
vironment which are within their area of
based, as nearly as possible, upon the actual
responsibility. Such comments shall be made
average of two hundred and fifty gallons
per minute or more during one hundred and
or anticipated cost of reviewing, administer-
available to the public at the same locations
twenty days or more per year; and (2) a
ing, and enforcing such permit issued pursu-
as are the mining applications.
drainage area which encompasses ten thou-
ant to a State or Federal program. The appli-
(b) Any person with a valid legal interest
sand acres or more when measured above
cation and supporting technical data shall
or the officer or head of any Federal, State or
the lowest point of impact on the water-
be submitted in a manner satisfactory to the
local governmental agency or authority shall
course by the proposed surface coal mining
regulatory authority and shall include a de-
have the right to file written objections to
operation, as documented by the State or
scription of the purpose of the proposed ex-
the proposed initial or revised application for
Federal regulatory authority.
ploration project. The supporting technical
a permit for surface coal mining and recla-
(6) the blasting and excavation practices
data shall include, among other things:
mation operation with the regulatory author-
(1) a general description of the existing
ity within thirty days after the last publica-
permitted in connection with any proposed
surface coal mining operation not in exist-
environment;
tion of the above notice. If written objec-
ence on the date of enactment of this Act
(2) the location of the area of exploration
tions are filed and & hearing requested, the
will not render unsafe or impractical the
by either metes or bounds, lot, tract, range,
regulatory authority shall then hold a public
subsequent extraction of known deposits of
or section, whichever is most applicable, in-
hearing in the locality of the proposed min-
coal recoverable by current deep mining tech-
cluding a copy of the pertinent United States
ing within a reasonable time of the receipt
nology beneath the area affected by the pro-
Geological Survey topographical map or maps
of such objections. The date, time, and loca-
posed surface coal mining operation.
with the area to be explored delineated
tion of such public hearing shall be ad-
thereon;
vertised by the regulatorv authority in a
newspaper of general circulation in the local-
ENVIRONMENTAL PROTECTION PERFORMANCE
(5) remove the topsoil from the land in &
ity at least once a week for three consecutive
STANDARDS
separate layer, replace it on the backfill area,
weeks prior to the scheduled hearing date.
SEC. 515. (a) Any permit issued under any
or if not utilized immediately, segregate it in
The regulatory authority may arrange with
approved State or Federal program pursuant
a separate pile from other spoil and when the
the applicant upon request by any party
to this Act to conduct surface coal mining
topsoil is not replaced on a backfill area
to the administrative proceeding access to
operations shall require that such surface
within a time short enough to avoid deterio-
the proposed mining area for the purpose of
coal mining operations will meet all ap-
ration of the topsoil, maintain a successful
gathering information relevant to the pro-
plicable performance standards of this Act,
cover by quick growing plant or other means
ceeding. At this public hearing, the applicant
and such other requirements as the regula-
thereafter SQ that the topsoil is preserved
for a permit shall have the burden of estab-
tory authority shall promulgate.
from wind and water erosion, remains free
lishing that his application is in compliance
(b) General performance standards shall
of any contamination by other acid or toxic
with the applicable State and Federal laws.
be applicable to all surface coal mining and
material, and is in a usable condition for
Not less than ten days prior to any pro-
reclamation operations and shall require the
sustaining vegetation when restored during
posed hearing, the regulatory authority shall
operator as a minimum to-
reclamation, except if topsoil is of insuffi-
respond to the written objections in writing.
(1) conduct surface coal mining operations
cient quantity or of poor quality for sustain-
Such response shall include the regulatory
so as to maximize the utilization and con-
ing vegetation, or if other strata can be
authority's preliminary proposals as to the
servation of the solid fuel resource being
shown to be more suitable for vegetation
terms and conditions, and amount of bond of
recovered so that reaffecting the land in the
requirements, then the operator shall remove,
a possible permit for the area in question
future through surface coal mining can be
segregate, and preserve in a like manner such
and answers to material factual questions
minimized;
other strata which is best able to support
presented in the written objections. The
(2) restore the land affected to a condi-
vegetation;
regulatory authority's responsibility under
tion at least fully capable of supporting the
(6) restore the topsoil or the best available
this subsection shall in any event be to make
uses which it was capable of supporting prior
subsoil which has been segregated and pre-
publicly available its estimate as to any other
to any mining, or higher or better uses of
served;
conditions of mining or reclamation which
which there is a reasonable likelihood, so
(7) protect offsite areas from slides or dam-
may be required or contained in the prelim-
long as such use or uses do not present any
age occurring during the surface coal mining
inary proposal. In the event all parties re-
actual or probable hazard to public health
and reclamation operations, and not deposit
questing the hearing stipulate agreement
or safety or pose any actual or probable
spoil material or locate any part of the oper-
prior to the requested hearings, and withdraw
threat of water diminution or pollution, and
ations or waste accumulations outside the
their request, such hearings need not be
the permit applicants' declared proposed land
permit area;
held.
use following reclamation is not deemed to
(8) create, if authorized in the approved
(c) For the purpose of such hearing, the
be impractical or unreasonable, inconsistent
mining and reclamation plan and permit,
regulatory authority may administer oaths,
with applicable land use polices and plans,
permanent impoundments of water on min-
subpena witnesses, or written or printed
involves unreasonable delay in implementa-
ing sites as part of reclamation activities only
materials, compel attendance of the wit-"
tion, or is violative of Federal, State, or local
when It is adequately demonstrated that-
nesses, or production of the materials, and
law;
(A) the size of the impoundment is ade-
take evidence including but not limited to
(3) with respect to all surface coal mining
quate for its intended purposes;
site inspections of the land to be affected
operations backfill, compact (where advisable
(B) the impoundment dam construction
and other surface coal mining operations
to insure stability or to prevent leaching of
will be so designed as to achieve necessary
carried on by the applicant in the general
toxic materials), and grade in order to re-
stability with an adequate margin of safety
vicinity of the proposed operation. A ver-
store the approximate original contour of the
compatible with that of structures con-
batim transcript and complete record of
land with all highways, spoil piles and depres-
structed under Public Law 83-566 (16 U.S.C.
each public hearing-shall be ordered by the
sions eliminated (unless small depressions
1006);
regulatory authority.
are needed in order to retain moisture to
(C) the quality of impounded water will
assist revegetation or as otherwise authoried
DECISIONS OF REGULATORY AUTHORITY AND
be suitable on a permanent basis for its in-
pursuant to this Act) : Provided, however,
APPEALS
tended use and that discharges from the
That in surface coal mining which is carried
SEC. 514. (a) If a public hearing has been
impoundment will not degrade the water
out at the same location over a substantial
held pursuant to section 513(b), the regula-
quality in the receiving stream;
period of time where the operation transects
tory authority shall issue and furnish the
(D) the level of water will be reasonably
the coal deposit, and the thickness of the coal
stable;
applicant for a permit and persons who are
deposits relative to the volume of overburden
parties to the administrative proceedings
(E) final grading will provide adequate
is large and where the operator demonstrates
with the written finding of the regulatory
that the overburden and other spoil and
safety and and access for proposed water users;
authority, granting or denying the permit
waste materials at a particular point in the
(F) such water impoundments will not re-
in whole or in part and stating the reason
permit area or otherwise available from the
therefor, within thirty days of said hearings.
sult in the diminution of the quality or
entire permit area is insufficent, giving due
quantity of water utilized by adjacent or
(b) If there has been no public hearing
consideration to volumetric expansion, to
surrounding landowners for agricultural, in-
held pursuant to section 513(b), the regula-
restore the approximate original contour, the
dustrial, recreational, or domestic uses;
tory authority shall notify the applicant for
operator, at a minimum, shall backfil, grade,
(9) fill all auger holes with an impervious
a permit within a reasonable time, taking
and compact (where advisable) using all
and noncombustible material in order to
into account the time needed for proper
available overburden and other spoil and
prevent drainage;
investigation of the site, the complexity of
waste material to attain the lowest practi-
the permit application and whether or not
(10) minimize the disturbances to the-pre-
cable grade but not more than the angle of
vailing hydrologic balance of the mine-site
written objection to the application has been
repose, to provide adequate drainage and to
and in associated offsite areas and to the
filed, whether the application has been ap-
cover all acid-forming and other toxic ma-
quality and quantity of water in surface
proved or disapproved. If the application is
terials, in order to achieve an ecologically
and ground water systems both during and
approved, the permit shall be issued. If the
sound land use compatible with the sur-
after surface coal mining operations and
application is disapproved, specific reasons
rounding region: And provided further, That
during reclamation by-
therefor must be set forth in the notification.
in surface coal mining where the volume of
Within thirty days after the applicant is no-
(A) avoiding acid or other toxic mine
overburden is large relative to the thickness
tifled that the permit or any portion thereof
drainage by such measures as, but not lim-
of the coal deposit and where the operator
ited to-
has been denied, the applicant may request
demonstrates that due to volumetric expan-
a hearing on the reasons for the said dis-
sion the amount of overbuden and other
(1) preventing or removing water from con-
approval. The regulatory authority shall hold
spoil and waste materials removed in the
tact with toxic producing deposits;
a hearing within thirty days of such request
course of the mining operation is more than
(ii) treating drainage to reduce toxic con-
and provide notification to all interested
sufficient to restore the approximate original
tent which adversely affects downstream
parties at the time that the applicant is so
contour, the operator shall after restoring
water upon being released to water courses;
notified. Within thirty days after the hearing
the approximate contour, backfill, grade, and
(iii) casing, sealing, or otherwise manag-
the regulatory authority shall issue and fur-
compact (where advisable) the excess over-
ing bereheles, shafts, and wells to keep acid
nish the applicant, and all persons who par-
burden and other spoil and waste materials
or other tomic drainage from entering ground
ticipated in the hearing, with the written
to attain the lowest grade but not more than
and surface waters;
decision of the regulatory authority granting
the angle of repose, and to cover all acid-
(B). conducting surface eoal mining opera-
or denying the permit in whole or in part
forming and other toxic materials, in order
tions so as te-prevent, to the extent possible
and stating the reasons therefor.
to achieve an ecologically sound land use
using the best technology currently avail-
(c) Any applicant or any person who has
compatible with the surrounding region and
able, additional contributions of suspended
participated in the administrative proceed-
that such overburden or spoil shall be shaped
solids to. streamflow or runoff outside the
ings as an objector, and who is aggrieved by
and graded in such a way as to prevent
permit area above natural levels under sea-
the decision of the regulatory authority, or
slides, erosion, and water pollution and is
sonal flow conditions as measured prior to
if the regulatory authority fails to act within
revegetated in accordance with the require-
any mining, and avoiding channel despening
a reasonable period of time, shall have the
ments of this Act;
or enlargement in operations requiring the
right of appeal for review by a court of
(4) stabilize and protect all surface areas
discharge of water from mines;
competent jurisdiction in accordance with
including spoil piles affected by the surface
(C) removing temporary or large siltation
coal mining and reclamation operation to
structures from drainways after disturbed
State or Federal law.
effectively control erosion and attendant air
areas are revegetated and stabilized;
(D) restoring the recharge capacity of the
and water pollution;
mined area to approximate premining con-
dition
-11-
(E) Replacing the water supply of an
(17) Insure that the construction main-
tute an equal or better economic or public
owner of interest in real property who ob-
tenance, and postmining conditions of ac-
use of the affected land, as compared with
Lultin all or part of his supply of water for
CARS roads into and across the site of opera-
the premining use;
domestic, agricultural, industrial, or other
Dons will control or prevent erosion and sil-
(B) the equal or better economic or pub-
legitimate use from an underground or sur-
tation, pollution of water, damage to fish
lic use can be obtained only if one or more
face source where such supply has been
or wildlife or their habitat, or public or
exceptions to the requirements of section
affected by contamination, diminution or in-
private property: Provided, That the regula-
515(b) (3) are granted;
terruption proximately resulting from min-
tory authority may permit the retention af-
(C) the applicant presents specific plans
ing:
ter mining of certain access roads where con-
for the proposed postmining land use and
sistent with State and local land use plans
appropriate assurances that such use will
(F)(2) preserving throughout the mining and
reclamation process the hydrologic integrity
and programs and where necessary may per-
be-
of alluvial valley floors in the arid and semi-
mit a limited exception to the restoration
(1) compatible with adjacent land uses;
arid areas of the country; and
of approximate original contour for that pur-
(11) obtainable according to data regard-
(6)(F) such other actions as the regulatory
pose;
ing expected need and market;
authority may prescribe;
(18) refrain from the construction of
(111) assured of investment in necessary
(11) with respect to surface disposal of
roads or other access ways up a stream bed
public facilities;
mine wastes, tailings, coal processing wastes,
or drainage channel or in such proximity to
(1v) supported by commitments from pub-
and other wastes in areas other than the
such channel so as to seriously alter the
lie agencies where appropriate;
mine working or excavations, stabilize all
normal flow of water;
(g) practicable with respect to private
waste piles in designated areas through con-
(19) establish on the regraded areas, and
financial capability for completion of the
struction in compacted layers including the
all other lands affected, a diverse, effective
proposed development;
use of incombustible and impervious mate-
and permanent vegetative cover native to
(vi) planned pursuant to a schedule at-
rials if necessary and assure the final con-
the area of land to be affected and capable
tached to the reclamation plan so as to
tour of the waste pile will be compatible with
of self-regeneration and plant succession at
integrate the mining operation and reclama-
natural surroundings and that the site can
least equal in extent of cover to the natural
tion with the postmining land use; and
and will be stabilized and revegetated to the
vegetation of the area; except, that intro-
(vii) designed by a registered engineer in
provisions of this Act;
duced species may be used in the revegeta-
conformance with professional standards
(12) refrain from surface coal mining
tion process where desirable and necessary
established to assure the stability, drainage,
within five hundred feet from active and
to achieve the approved postmining land use
and configuration necessary for the intended
abandoned underground mines in order to
plan;
use of the site;
prevent break-throughs and to protect health
(20) assume the responsibility for success-
(D) the proposed use would be consistent
or safety of miners: Provided, That the reg-
ful revegetation, as required by paragraph
with adjacent land uses, and existing State
ulatory authority shall permit an operator to
(19) above, for a period of five full years
and local land use plans and programs;
mine closer to an abandoned underground
after the last year of augmented seeding,
(E) the regulatory authority provides the
mine: Provided, That this does not create
fertilizing, irrigation, or other work in order
governing body of the unit of general-purpose
hazards to the health and safety of miners;
to assure compliance with paragraph (19)
government in which the land is located and
or shall permit an operator to mine near,
above, except in those areas or regions of the
any State or Federal agency which the
through or partially through an abandoned
country where the annual average precipi-
regulatory agency, in its discretion, deter-
underground mine working where such min-
tation is twenty-six inches or less, then the
mines to have an interest in the proposed use,
ing through will achieve improved resource
operator's assumption of responsibility and
an opportunity of not more than sixty days
recovery, abatement of water pollution or
liability will extend for a period of ten full
to review and coment on the proposed use;
elimination of public hazards and such min-
years after the last year of augmented seed-
(F) a public hearing is held in the locality
ing shall be consistent with the provisions
ing, fertilizing, irrigation, or other work:
of the proposed surface coal mining opera-
of the Act;
Provided, That when the regulatory author-
tion prior to the grant of any permit includ-
(13) with respect to the surface disposal of
ity approves a long-term intensive agricul-
ing a variance; and
mine wastes, tailings, coal processing wastes.
tural postmining land use, the applicable
(G) all other requirements of this Act
or other liquid and solid wastes, the United
five- or ten-year period of responsibility for
will be met.
States Army Corps of Engineers is to super-
revegetation shall commence at the date of
(4) In granting any variance pursuant to
vise the design, location, construction, opera-
initial planting for such long-term intensive
this subsection the regulatory authority shall
tion, maintenance, and abandonment of all
agricultural postmining land use: Provided
require that-
existing and new coal mine waste embank-
further, That when the regulatory authority
(A) the toe of the lowest coal seam mined
ments, dams, and refuse piles used. for the
issues a written finding approving a long-
and the overburden associated with it are
disposal of all such mine wastes, in accord-
term, intensive, agricultural postmining
retained in place as a barrier to slides and
ance with the same standards used in the
land use as part of the mining and reclama-
erosion;
design, location, construction, operation,
tion plan, the authority may grant exception
(B) the reclaimed area is stable;
maintenance, and abandonment of flood con-
to the provisions of paragraph (19) above;
trol dams and other such structures in their
and
(C) the resulting plateau or rolling con-
public works program.
(21) meet such other criteria as are neces-
tour drains inward from the outslopes ex-
cept at specified points;
No coal mine wastes such as coal fines
sary to achieve reclamation in accordance
and slimes shall be used as constituent ma-
with the purposes of this Act, taking into
(D) no damage will be done to natural
terials in the construction of any coal mine
consideration the physical, climatological,
water courses;
waste dam or impoundment.
and other characteristics of the site, and to
(E) all other requirements of this Act
(14) segregate all acid-forming materials,
insure the maximum practicable recovery
will be met.
toxic materials, and materials constituting
of the mineral resources.
(5) The regulatory authority shall pro-
a fire hazard and promptly bury, cover, com-
(c) (1) Each State program may and each
mulgate specific regulations to govern the
pact and isolate such materials during the
Federal program shall include procedures
granting of variances in accord with the
mining and reclamation process to prevent
pursuant to which the regulatory authority
provisions of this subsection, and may im-
contact with ground water systems and to
may permit variances for the purposes set
pose such additional requirements as he
prevent leaching and pollution of surface or
forth in paragraph (3) of this subsection.
deems to be necessary.
subsurface waters;
(2) Where an applicant meets the require-
(6) All exceptions granted under the pro-
(15) insure that explosives are used only
ments of paragraphs (3) and (4) of this
visions of this subsection shall be reviewed
in accordance with existing State and Fed-
subsection a variance from the requirement
not more than three years from the date of
eral law and the regulations promulgated by
to restore to approximate original contour
issuance of the permit, unless the applicant
the regulatory authority, which shall include
set forth in subsection 515(b) (8) or 515(d)
affirmatively demonstrates that the proposed
provisions to-
of this section may be granted for the sur-
development is proceeding in accordance
(A) provide adequate advance written
face mining of coal where the mining oper-
with the terms of the approved schedule and
notice by publication and/or posting of the
ation will remove an entire coal seam or
reclamation plan.
planned blasting schedule to local govern-
seams running through the upper fraction
(d) The following performance standards
ments and to residents who might be affected
of a mountain, ridge, or hill (except as pro-
shall be applicable to steep slope surface coal
by the use of such explosives and maintain
vided in subsection (c) (4) (A) hereof) by
mining and shall be in addition to those
for & period of at least two years a log of the
removing all of the overburden and creating
general performance standards required by
magnitudes and times of blasts; and
a level plateau or a gently rolling contour
this section: Provided, however, That the
(B) limit the type of explosives and de-
with no highwalls remaining, and capable
provisions of this subsection (d) shall not
tonating equipment, the size, the timing
of supporting postmining uses in accord
apply to those situations in which an opera-
and frequency of blasts based upon the
with the requirements of this subsection.
tor is mining on flat or gently rolling
physical conditions of the site so as to pre-
(3) In cases where an industrial, commer-
terrain, on which an occasional steep slope
cial (including commercial agricultural),
vent (1) injury to persons, (ii) damage to
is encountered through which the mining
residential or public facility (including rec-
public and private property outside the
operation is to proceed, leaving a plain or
reational facilities) development is proposed
prediminantly flat area:
permit area, (111) adverse impacts on any
for the postmining use of the affected land,
underground mine, and (iv) change in the
(1) Insure that when performing surface
the regulatory authority may grant a vari-
course, channel, or availability of ground
coal mining on steep slopes, no debris, aban-
ance for a surface mining operation of the
or surface water outside the permit area;
doned or disabled equipment, soil, spoil ma-
(16) insure that all reclamation efforts
nature described in subsection (c) (2)
terial, or waste mineral matter be placed on
where-
proceed in an environmentally sound man-
the downslope below the bench or mining
(A) after consultation with the appropri-
ner and as contemporaneously as practicable
cut, except that where necessary soil or spoil
ate land use planning agencies, if any, the
with the surface coal mining operations;
material from the initial block or short linear
proposed development is deemed to consti-
cut of earth necessary to obtain initial ac-
cess to the coal seam in a new surface coal
-12-
mining operation can be placed temporarily
(5) with respect to the surface disposal
ences between surface and underground coal
on a limited and specified area of the down-
of mine wastes, tailings, coal processing
mining. The Secretary shall promulgate such
slope below the initial cut If the permittee
wastes, or other liquid and solid wastes, the
modifications in accordance with the rule-
demonstrates that such soil or spoil material
United States Army Corps of Engineers is to
making procedure established in section 501
will not slide and that the other require-
supervise the design, location, construction,
of this Act.
ments of this subsection can still be met:
operation, maintenance, and abandonment
INSPECTIONS AND MONITORING
Prvided. That spoil material in excess of
of all existing and new coal mine waste em-
bankments, dams, and refuse piles used for
SEC. 517. (a) The Secretary shall cause to
that required for the reconstruction of the
the disposal of all such mine wastes, in ac-
be made such inspections of any surface coal
approximate original contour under the pro-
cordance with the same standards used in
mining and reclamation operations an are
visions of paragraphs 515(b) (3) or 515(d) (2)
or excess spoil from a surface coal mining
the design, location, construction, operation,
necessary to evaluate the administration of
operation granted a variance under sub-
maintenance, and abandonment of flood con-
approved State programs, or to develop or
enforce any Federal program, and for such
section 515(c) may be permanently stored
trol dams and other such structures in their
at such offsite spoil storage areas as the regu-
public works program.
purposes authorized representatives of the
latory authority shall designate and for the
No coal mine wastes such as coal fines
Secretary shall have a right of entry to, upon,
purposes of his Act such areas shall be
and slimes shall be used as constituent ma-
or through any surface coal mining and
deemed in all respects to be part of the lands
terials in the construction of any coal mine
reclamation operations.
affected by surface coal mining operations.
waste dam or impoundment.
(b) For the purpose of developing or as-
Such offsite spoil storage areas shall be de-
sisting in the development, administration,
(6) establish on regraded areas and all
and enforcement of any approved State or
signed by a registered engineer in conform-
other lands affected, a diverse and perman-
Federal program under this Act or in the
ance with professional standards established
ent vegetative cover capable of self-regen-
administration and enforcement of any per-
to assure the stability, drainage, and con-
eration and plant succession and at least
mit under this Act, or of determining whether
figuration necessary for the intended use of
equal in extent of cover to the natural vege-
any person to in violation of any requirement
the site.
tation of the area;
of any. such State or Federal program or any
(2) Complete backfilling with spoil ma-
(7) protect offsite areas from damages
other requirement of this Act-
terial shall be required to cover completely
which may result from such mining opera-
(1) the regulatory authority shall require
the highwall and return the site to the ap-
tions;
proximate original contour, which material
(8) eliminate fire hazards and otherwise
any permittee to (A) establish and maintain
eliminate conditions which constitute a haz-
appropriate records, (B) make monthly re-
will maintain stability following mining and
reclamation.
ard to health and safety of the public;
ports to the regulatory authority, (C) install,
use, and maintain any necessary monitoring
(3) The operator may not disturb land
(9) minimize the disturbances to the pre-
equipment or methods, (D) evaluate results
above the top of the highway unless the
vailing hydrologic balance at the mine-site
in accordance with such methods, at such
regulatory authority finds that such disturb-
and in associated offsite areas and to the
locations, intervals, and in such manner as
ance will facilitate compliance with the en-
quality and quantity of water in surface
ground water systems both during and after
a regulatory authority shall prescribe, and
vironmental protection standards of this sec-
coal mining operations and during reclama-
(E) provide such other information relative
tion; Provided, however, That the land dis-
to surface coal mining and reclamation op-
turbed above the highwall shall be limited
tion by-
erations as the regulatory authority deems
to that amount necessary to facilitate said
(A) avoiding acid or other toxic mine
reasonable and necessary;
compliance.
drainage by such measures as, but not fim-
(2) for those surface coal mining and rec-
(4) For the purposes of this section, the
ited to-
lamation operations which remove or disturb
term "steepslope" is any slope above twenty
(1) preventing or removing water from
strata that serve as aquifens which signifi-
degrees or such lesser slope as may be defined
contact with toxic producing deposits;
cantly insure the hydrologic balance of wa-
by the regulatory authority after considera-
(ii) treating drainage to reduce toxic con-
ter use either on or off the mining site, the
tion of soil, climate, and other characteristics
tent which adversely affects downstream
regulatory authority shall specify those—
of a region or State.
water upon being released to water courses;
(A) monitoring sites to record the quantity
(iii) casing, sealing, or otherwise man-
SURFACE EFFECTS OF UNDERGROUND COAL MINING
and quality of surface drainage above and
aging boreholes, shafts, and wells to keep
below the-minesite as well as in the potential
OPERATIONS
acid or other toxic drainage from entering
zone of influence:
SEC. 516. (a) The Secretary shall promul-
ground and surface waters; and
(B) monitering sites to record level,
gate rules and regulations directed toward
(B) conducting surface coal mining oper-
amount, and samples of ground water and
the surface effects of underground coal min-
ations SO as to prevent, to the extent pos-
aquifers potantially affected by the mining
ing operations, embodying the following re-
sible using the best technology currently
and also directly below the lower most (deep-
quirements and in accordance with the pro-
available, additional contributions of sus-
est) coal seam to be mined;
cedures established under section 501 of this
pended solids to streamflow or runoff out-
(C) records of well-logs and borehole data
Act.
side the permit area above natural levels
to be maintained; and
(b) Each permit issued under any ap-
under seasonal flow conditions as measured
(D) monitoring sites to record. precipita-
proved State or Federal program pursuant to
prior to any mining, and avoiding channel
tion. The monitoring. data collection, and
this Act and relating to underground coal
deepening or enlargement in operations re-
analysis required by this section shall be
mining shall require the operator to-
quiring the discharge of water from mines.
conducted according to standards and proce-
(1) adopt measures consistent with known
(10) with respect to other surface impacts
dures set forth by the regulatory authority
technology in order to prevent subsidence
not specified in this subsection including the
in order to assure their reliability and
to the extent technologically and economi-
construction of new roads or the improve-
validity; and
cally feasible, maximize mine stability, and
ment or use of existing roads to gain access
(3) the authorized representatives of the
maintain the value and use of such surface
to the size of such activities and for haulage,
regulatory authority, without advance notice
lands, except in those instances where the
repair areas, storage areas, processing areas,
and upon-presentation of appropriate creden-
mining technology used requires planned
shipping areas and other areas upon which
tials (A): shall have the right of entry to,
subsidence in a predictable and controlled
are sited structures, facilities, or other prop-
upon, or through any surface coal mining
manner: Provided, That nothing in this sub-
erty or materials on the surface, resulting
and reclamation operations or any premises
section shall be construed to prohibit the
from or incident to such activities, operate
in which any records required to be main-
standard method of room and pillar contin-
in accordance with the standards established
tained under paragraph (1) of this subsection
uous mining;
under section 515 of this title for such ef-
are located; and (B) may at reasonable times,
(2) seal all portals, entryways, drifts,
fects which result from surface coal min-
and without delay, have access to and copy
shafts, or other openings between the sur-
ing operations: Provided, That the Secre-
any records, inspect any monitering equip-
face and underground mine workings when
tary may make such modifications in the
ment or method of operation required under
no longer needed for the conduct of the min-
requirements imposed by this subparagraph
this Act.
ing operations;
as are deemed necessary by the Secretary due
(c) The inspections by the regulatory au-
(3) fill or seal exploratory holes no longer
to the differences between surface and un-
thority shall (1) occur on an irregular basis
necessary for mining, maximizing to the ex-
derground coal mining.
averaging not less than one inspection per
tent practicable return of mine and proces-
(c) In order to protect the stability of the
month for the surface coal mining and rec-
sing waste, tailings, and any other waste in-
land, the regulatory authority shall suspend
lamation operations for coal covered by
cident to the mining operation, to the mine
underground coal mining under urbanized
each permit; (2) occur without prior notice
workings or excavations;
areas, cities, towns, and communities and
to the permittee or his agents or employ-
(4) with respect to surface disposal of
adjacent to industrial or commercial build-
ees; and (3) include the filing of inspection
mine wastes, tailings, coal processing wastes,
ings, major impoundments, or permanent
reports adequate to enforce the require-
and other wastes in areas other than the
streams if he finds imminent danger to in-
ments of and to carry out the terms and pur-
mine working or excavations, stabilize all
habitants of the urbanized areas, cities,
poses of this Act and the regulatory au-
waste piles created by the permittee from
towns, and communities.
thority shall make copies of such inspec-
curreit operations through construction in
(d) The provisions of title V of this Act
tion reports immediately and freely available
compacted layers including the use of in-
relating to State and Federal programs, per-
to the public at a central location in the
combustible and impervious materials If
mits, bonds, inspections and enforcement,
pertinent geographic area of mining. The
necessary and assure that the leachate will
public review, and administrative and judi-
Secretary or regulatory authority shell 05-
not pollute surface or ground waters and
cial review shall be applicable to surface
tablish a system of continual rotation of
that the final contour of the waste accumu-
coal mining and reclamation operations in-
inspectors so that the same inspector does-
lation will be compatible with natural sur-
cident to underground coal mining with such
not censistently visit the same operations.
roundings and that the site is stabilized
modifications to the permits application re-
(d) Each permittee shall conspicueusly
and revegetated according to the provisions
quirements, permit approval or denial proce-
maintain at the entrances to the purface
of this section;
dures, and bond requirements as are deemed
coal mining and reclamation operations a
necessary by the Secretary due to the differ-
-13-
clearly visible sign which seta forth the
name, business address, and phone number
(f) Any person who willfully and know-
whether pollution of surface and subsurface
of the permittee and the permit number of
ingly violates a condition of a permit issued
water is occurring, the probability of contin-
the surface coal mining and reclamation op-
pursuant to a Federal program, a Federal
uance of future occurrence of such pollu-
erations.
lands program or Federal enforcement pur-
tion, and the estimated cost of abating such
(e) Each inspector, upon detection of each
suant to section 502 or during Federal en-
pollution.
violation of any requirement of any State
forcement of a State program pursuant to
(c) The regulatory authority may release
or Federal program or of this Act, shall
section 521 of this Act or fails or refuses to
in whole or in part said bond or deposit if
forthwith inform the operator in writing.
comply with any order issued under section
the authority is satisfied that reclamation
and shall report in writing any such viola-
520, section 525 or section 526 of this Act,
covered by the bond or deposit or portion
tion to the regulatory authority.
or any order incorporated in a final decision
thereof has been accomplished as required
(f) Copies of any records, reports, inspec-
issued by the Secretary under this Act, ex-
by this Act according to the following
tion materials, or information obtained un-
cept an order incorporated in a decision is-
schedule:
der this title by the regulatory authority
sued under subsection (b) of this section
(1) When the operator completes the back-
shall be made immediately available to the
or section 703 of this Act, shall, upon con-
filling, regrading, and drainage control of a
public at central and sufficient locations in
viction, be punished by a fine of not more
bonded area in accordance with his approved
the county, multicounty, and State area of
than $10,000, or by imprisonment for not
reclamation plan, the release of 60 per cen-
mining so that they are conveniently avail-
more than one year or both.
tum of the bond or collateral for the ap-
able to residents in the areas of mining.
(g) Whenever a corporate permittee vio-
plicable permit area;
PENALTIES
lates a condition of a permit issued pursu-
(2) After revegetation has been established
SEC. 518. (a) In the enforcement of a Fed-
ant to a Federal program, a Federal lands
on the regraded mined lands in accordance
eral program or Federal lands program, or
program or Federal enforcement pursuant to
with the approved reclamation plan. When
section 502 or Federal enforcement of a
during Federal enforcement pursuant to sec-
determining the amount of bond to be re-
tion 502 or during Federal enforcement of
State program pursuant to section 521 of
leased after successful revegetation has been
a State program pursuant to section 521 of
this Act or fails or refuses to comply with
established, the regulatory authority shall
this Act, any permittee who violates any
any order issued under section 520, section
retain that amount of bond for the revege-
permit condition or who violates any other
525 or section 526 of this Act, or any order
tated area which would be sufficient for a
provision of this title, may be assessed a
incorporated in a final decision issued by the
third party to cover the cost of reestablish-
civil penalty by the Secretary, except that
Secretary under this Act except an order in-
ing revegetation and for the period specified
if such violation leads to the issuance of
corporated in a decision issued under subsec-
for operator responsibility in section 515 of
a cessation order under section 520 or sec-
tion (b) of this section or section 703 of
reestablishing revegetation. No part of the
tion 521, the civil penalty shall be assessed.
this Act, any director, officer, or agent of
bond or deposit shall be released under this
Such penalty shall not exceed $5,000 for
such corporation who willfully and know-
paragraph (2) so long as the lands to which
each violation. Each day of a continuing
ingly authorized, ordered, or carried out such
the release would be applicable are contrib-
violation may be deemed a separate viola-
violation, failure, or refusal shall be subject
uting suspended solids to streamflow or run-
tion for purposes of penalty assessments. In
to the same civil penalties, fines, and impris-
off outside the permit area above natural
determining the amount of the penalty, con-
onment that may be imposed upon a person
levels and seasonal flow conditions as meas-
sideration shall be given to the permittee's
under subsections (a) and (f) of this sec-
ured prior to any mining:
tion.
history of previous violations at the par-
(3) When the operator has completed suc-
ticular surface coal mining operation; the
(h) Whoever knowingly makes any false
cessfully all surface coal mining and rec-
appropriateness of such penalty to the size
statement, representation, or certification, or
lamation activities, but not before the ex-
of the business of the permittee charged;
knowingly fails to make any statement, rep-
piration of the period specified for operator
the seriousness of the violation, including
resentation, or certification in any applica-
responsibility in section 515:
any irreparable harm to the environment and
tion, record, report, plan, or other document
any hazard to the health or safety of the
filed or required to be maintained pursu-
Provided, however, That no bond shall be
ant to a Federal program or a Federal lands
fully released until all reclamation require-
public: whether the permittee was negligent;
program or any order or decision issued by
ments of this Act are fully met.
and the demonstrated good faith of the per-
the Secretary under this Act, shall, upon
(d) If the regulatory authority disap-
mittee charged in attempting to achieve
rapid compliance after notification of the
conviction be punished by a fine of not more
proves the application for release of the
violation.
than $10,000, or by imprisonment for not
bond or portion thereof, the authority shall
(b) A civil penalty shall be assessed by
more than one year or both.
notify the permittee, in writing, stating the
(1) As a condition of approval of any State
reasons for disapproval and recommending
the Secretary only after the person charged
with & violation described under subsection
program submitted pursuant to section 503
corrective actions necessary to secure said
release.
(a) of this section has been given an op-
of this Act, the civil and criminal penalty
provisions thereof shall, at a minimum, in-
(e) With any application for total or par-
portunity for a public hearing. Where such
a public hearing has been held, the Sec-
corporate penalties no less stringent than
tial bond release filed with the regulatory
those set forth in this section, and shall con-
authority, the regulatory authority shall no-
retary shall make findings of fact, and he
tain the same or similar procedural require-
tify the municipality in which a surface coal
shall issue a written decision as to the oc-
ments relating thereto.
mining operation is located by certified mail
currence of the violation and the amount of
at least thirty days prior to the release of
the penalty which is warranted, incorporat-
RELEASE OF PERFORMANCE BONDS OR
all or a portion of the bond.
ing. when appropriate, an order therein re-
DEPOSITS
(f) Any person with a valid legal interest
quiring that the penalty be paid. When ap-
SEC. 519. (a) The permittee may file a re-
or the officer or head of any Federal, State,
propriate, the Secretary shall consolidate
quest with the regulatory authority for the
or local governmental agency shall have the
such hearings with other proceedings under
release of all or part of a performance bond
right to file written objections to the pro-
section 521 of this Act. Any hearing under
or deposit. Within thirty days after any ap-
posed release from bond to the regulatory
this section shall be of record and shall be
plication for bond or deposit release has been
authority within thirty days after the last
subject to section 554 of title 5 of the United
filed with the regulatory authority, the op-
publication of the above notice. If written
States Code. Where the person charged with
erator shall submit a copy of an advertise-
objections are filed, and a hearing requested,
such a violation fails to avail himself of the
ment placed on five successive days in a
the regulatory authority shall inform all the
opportunity for a public hearing, a civil
newspaper of general circulation in the lo-
interested parties, of the time and place of
penalty shall be assessed by the Secretary
cality of the surface coal mining operation.
the hearing, and hold a public hearing in
after the Secretary has determined that a
Such advertisement shall be considered part
the locality of the surface coal mining op-
violation did occur, and the amount of the
of any bond release application and shall
eration proposed for bond release within
penalty which is warranted, and has issued
contain a notification of the precise location
thirty days of the request for such hearing.
an order requiring that the penalty be paid.
of the land affected, the number of acres, the
The date, time, and location of such public
(c) If no complaint, as provided in this
permit number and the date approved, the
hearings shall be advertised by the regula-
section, is filed within thirty days from the
amount of the bond filed and the portion
tory authority in a newspaper of general cir-
date of the final order or decision issued
sought to be released, and the type and the
culation in the locality twice a week for two
by the Secretary under subsection (b) of
approximate dates of reclamation work per-
consecutive weeks.
this section, such order and decision shall be
formed, and the description of the results
(g) For the purpose of such hearing the
conclusive.
achieved as they relate to the operator's ap-
regulatory authority shall have the author-
(d) Interest at the rate of 6 per centum
proved reclamation plan. In addition, as part
ity and is hereby empowered to administer
per annum or at the prevailing Department
of any bond release application, the appli-
oaths, supena witnesses, or written or
of the Treasury borrowing rate, whichever,
cant shall submit copies of letters which he
printed materials, compel the attendance of
is greater, shall be charged against a person
has sent to adjoining property owners, local
witnesses, or production of the materials,
on any unpaid civil penalty assessed against
governmental bodies, planning agencies, and
and take evidence including but not limited
him pursuant to the final order of the Secre-
sewage and water treatment authorities, or
to inspections of the land affected and other
tary, said interest to be computed from the
water companies in the locality in which the
surface coal mining operations carried on by
thirty-first day after issuance of such final
surface coal mining and reclamation activi-
the applicant in the general vicinity. A ver-
assessment order.
ties took place, notifying them of his inten-
batim transcript and a complete record of
(e) Civil penalties owned under this Act,
tion to seek release from the bond.
each public hearing shall be ordered by the
either pursuant to subsection (c) of this
(b) Upon receipt of the notification and
regulatory authority.
section or pursuant to an enforcement order
request, the regulatory authority shall with-
CITIZEN SUITS
entered under section 526 of this Act, may
in a reasonable time conduct an inspection
be recovered in a civil action brought by the
and evaluation of the reclamation work in-
SEC. 520. (a) Except as provided in sub-
Attorney General at the request of the Sec-
volved. Such evaluation shall consider,
section (b) of this section, any person hav-
retary in any appropirate district court of
among other things, the degree of difficulty
ing an interest which is or may be adversely
the United States.
to complete any remaining reclamation,
-14-
affected may commence a civil action on
authority fails within ten days after noti-
are willfully caused by the permittee, the
his own behalf-
fication to take appropriate action to cause
(1) against any person including-
Secretary or his authorized representative
said violation to be corrected or to show good
shall forthwith issue an order to the permit-
(A) the United States, and
cause for such failure and transmit notifi-
tee to show cause as to why the permit should
(B) any other governmental instrumen-
cation of its action to the Secretary, the Sec-
tality or agency to the extent permitted by
not be suspended or revoked. Upon the per-
retary shall immediately order Federal in-
mittee's failure to show cause as to why the
the eleventh amendment to the Constitution
spection of the surface coal mining opera-
who is alleged to be in violation of the
permit should not be suspended or revoked,
tion at which the alleged violation is oc-
provisions of this Act or the regulation pro-
the Secretary or his authorized representative
curring unless the information available to
mulgated thereunder, or order issued by the
shall forthwith suspend or revoke the per-
the Secretary is a result of a previous Federal
regulatory authority; or
permit.
inspection of such surface coal mining oper-
(2) against the Secretary or the appro-
ation. When the Federal inspection results
(5) Notices and orders issued pursuant to
priate State regulatory authority to the ex-
this section shall set forth with reasonable
from information provided to the Secretary
tent permitted by the eleventh amendment
by any person, the Secretary shall notify such
specificity the nature of the violation and
to the Constitution where there is alleged a
the remedial action required, the period of
person when the Federal inspection is pro-
failure of the Secretary or the appropriate
time established for abatement, and a rea-
posed to be carried out and such person shall
State regulatory authority to perform any
be allowed to accompany the inspector dur-
sonable description of the portion of the sur-
act or duty under this Act which is not dis-
ing the inspection.
face coal mining and reclamation operation
cretionary with the Secretary or with the
to which the notice or order applies. Each
appropriate State regulatory authority.
(2) When, on the basis of any Federal in-
notice or order issued under this section shall
(b) No action may be commenced-
spection, the Secretary or his authorized rep-
be given promptly to the permittee or his
(1) under subsection (a) (1) of this
resentative determines that any condition
agent by the Secretary or his authorized rep-
or practices exist, or thta any permittee is in
section-
resentative who issues such notice or order,
(A) prior to sixty days after the plaintiff
violation of any requirement of this Act or
and all such notices and orders shall be in
has given notice in writing under oath of the
any permit condition required by this Act,
violation (1) to the Secretary, (ii) to the
which condition, practice, or violation also
writing and shall be signed by such author-
creates an imminent danger to the health or
ized representatives. Any notice or order is-
State in which the violation occurs, and (iii)
to any alleged violator of the provisions,
safety of the public, or is causing, or can
sued pursuant to this section may be modi-
reasonably be expected to cause significant,
fied, vacated, or terminated by the Secretary
regulations, or order; or
or his authorized representative. A copy of
(B) if the Secretary or the State has com-
imminent, irreparable environmental harm
any such order or notice shall be sent to the
menced and is diligently prosecuting a civil
to land, air, or water resources, the Secretary
State regulatory authority in the State in
action in a court of the United States or a
or his authorized representative shall im-
which the violation occurs.
State to require compliance with the pro-
mediately order a cessation of surface coal
mining and reclamation operations or the
(b) Whenever the Secretary finds that
visions of this Act or the regulations there-
portion thereof relevant to the condition,
violations of any approved State program
under, or the order, but in any such action
appear to result from a failure of the State
practice, or violation. Such cessation order
in a court of the United States any person
shall remain in effect until the Secretary or
to enforce such State program effectively, he
may intervene as a matter of right; or
his authorized representative determines
shall so notify the State. If the Secretary
(2) under subsection (a) (2) of this sec-
that the condition, practice, or violation has
finds that such failures extends beyond
tion prior to sixty days after the plaintiff has
been abated, or until modified, vacated, or
thirty days after such notice, he shall give
given notice in writing under oath of such
terminated by the Secretary or his author-
public notice of such finding. During the
action to the Secretary, in such manner as
ized representative pursuant to subpara-
period beginning with such public notice and
the Secretary shall by regulation prescribe,
graph (a) (5) of this section.
ending when such State satisfies the Secre-
or to the appropriate State regulatory au-
(3) When, on the basis of a Federal in-
tary that it will enforce this Act, the Secre-
thority, except that such action may be
spection which is carried out during the en-
tary shall enforce any permit condition re-
brought immediately after such notification
forcement of a Federal program or a Federal
quired under this Act, shall issue new or
in the case where the violation or order or
lands program, Federal inspection pursuant
revised permits in accordance with require-
lack of order complained of constitutes an
to section 502, or section or during
ments of this Act, and may issue such notices
imminent threat to the health or safety of
Federal enforcement of a State program in
and orders as are necessary for compliance
the plaintiff or would immediately affect a
therewith.
accordance with subsection (b) of this sec-
legal interest of the plaintiff.
tion, the Secretary or his authorized repre-
(c) The Secretary may request the At-
(c) (1) Any action respecting a violation
sentative determines that any permittee is
torney General to institute a civil action for
of this Act or the regulations thereunder
in violation of any requirement of this Act
relief, including a permanent or temporary
may be brought only in the judicial district
or any permit condition required by this Act,
injunction, restraining order, or any other
in which the surface coal mining operation
but such violation does not create an immi-
appropriate order in the district court of
complained of is located.
nent danger to the health or safety of the
the United States for the district in which
(2) In such action under this section, the
public, or cause or can be reasonably ex-
the surface coal mining and reclamation op-
Secretary, or the State regulatory authority,
pected to cause significant, imminent irrep-
eration is located or in which the permittee
if not a party, may intervene as a matter of
arable environmental harm to land, air, or
thereof has his principal office, whenever such
right.
water resources, the Secretary or authorized
permittee or his agent (A) violates or fails or
(d) The court, in issuing any final order
representative shall issue a notice to the per-
refuses to comply with any order or decision
in any action brought pursuant to subsec-
mittee or his agent fixing a reasonable time
issued by the Secretary under this Act, or
tion (a) of this section, may award costs of
but not more than ninety days for the abate-
(B) interferes with, hinders, or delays the
litigation to any party, whenever the court
ment of the violation. If, upon expiration of
Secretary or his authorized representatives in
determines such award is appropriate. The
the period of time as originally fixed or sub-
carrying out the provisions of this Act, or
court may, if a temporary restraining order
sequently extended, for good cause shown
(C) refuses to admit such authorized rep-
or preliminary injunction is sought, require
and upon the written finding of the Secre-
resentative to the mine, or (D) refuses to
the filing of a bond or equivalent security in
tary or his authorized representative, the
permit inspection of the mine by such au-
accordance with the Federal Rules of Civil
Secretary or his authorized representative
thorized representative, or (E) refuses to fur-
Procedure.
finds that the violation has not been abated,
nish any information or report requested by
(e) Nothing in this section shall restrict
he shall immediately order a cessation of sur-
the Secretary in furtherance of the provi-
any right which any person (or class of per-
face coal mining and reclamation operations
sions of this Act, or (F) refuses to permit
sons) may have under this or any statute or
or the portion thereof relevant to the viola-
access to, and copying of such records as
common law to seek enforcement of any of
tion. Such cessation order shall remain in
the Secretary determines necessary in carry-
the provisions of this Act and the regula-
effect until the Secretary or his authorized
ing out the provisions of this Act. Such
tions thereunder, or to seek any other relief
representative determines that the violation
court shall have jurisdiction to provide such
(including relief against the Secretary or the
has been abated, or until modified, vacated,
relief as may be appropriate. Temporary re-
appropriate State regulatory authority).
or terminated by the Secretary or his au-
straining orders shall be issued in accord-
(f) Any resident of the United States who
thorized representative pursuant to subpara-
ance with rule 65 of the Federal Rules of Civil
is injured in any manner through the failure
graph (a) (5) of this section.
Procedure, as amended. Any relief granted
of any operator to comply with the provi-
(4) When, on the basis of a Federal in-
by the court to enforce an order under clause
sions of this Act, or of any regulation, order,
spection which is carried out during the en-
(A) of this section shall continue in effect
permit, or plan of reclamation issued by the
forcement of a Federal program or a Federal
until the completion or final termination of
Secretary, may bring an action for damage
lands program, Federal inspection pursuant
all proceedings for review of such order under
(including attorney fees) in an appropriate
to section 502 or section 504(b) or during
this title, unless, prior thereto, the district
United States district court.
Federal enforcement of a State program in
court granting such relief sets it aside or
ENFORCEMENT
accordance with subsection (b) of this sec-
modifies it.
SEC. 521. (a) (1) Whenever, on the basis of
tion, the Secretary or his authorized rep-
(d) As a condition of approval of any State
any information available to him, including
resentative determines that a pattern of
program submitted pursuant to section 503
receipt of information from any person, the
violations of any requirements of this Act or
of this Act, the enforcement provisions there-
Secretary has reason to believe that any per-
any permit conditions required by this Act
of shall, at a minimum, incorporate sanc-
son is in violation of any requirement of this
exists or has existed, and if the Secretary or
tions no less stringent than those set forth
Act or any permit condition required by this
his authorized representative also find that
in this section, and shall contain the same
Act, the Secretary shall notify the State reg-
such violations are caused by the unwar-
or similar procedural requirements relating
ulatory authority, if one exists, in the State
ranted failure of the permittee to comply
thereto.
in which such violation exists. If no such
with any requirements of this Act or any
State authority exists or the State regulatory
permit conditions, or that such violations
-15-
DESIGNATING AREAS UNSUITABLE FOR SURFACE
for designation of areas unsuitable for sur-
shall, at a minimum, incorporate all of the
face coal mining for non-Federal lands within
requirements of this Act and shall take into
COAL MINING
such State and such process shall incorpo-
consideration the diverse physical, elimato-
SEC. 522. (a) (1) To be eligible to assume
rate the standards and procedures of this
logical, and other unique characteristics of
primary regulatory authority pursuant to
section.
the Federal lands in question. Where Federal
section 503, each State shall establish a plan-
(c) Any person having an interest which
lands in a State with an approved State pro-
ning process enabling objective decisions
1s or may be adversely affected shall have the
gram are involved, the Federal lands program
based upon competent and scientifically
right to petition the regulatory authority to
shall, at a minimum, include the require-
sound datis and information ne to which, if
have an area designated as unsuitable for
ments of the approved State program.
any, land areas of a State are unsuitable for
surface coal mining operations, or to have
(b) The requirements of this Act and the
all or certain types of surface coal mining
such a designation terminated. Such a peti-
Federal lands program shall be incorperated
operations pursuant to the standards set
tion shall contain allegations of facts with
by reference or otherwise in any Federal
forth in paragraphs (2) and (3) of this sub-
supporting evidence which would tend to
mineral lease, permit, or contract issued by
section but such designation shall not pre-
establish the allegations. As soon as practica-
the Secretary which may involve surface
vent the mineral exploration pursuant to the
bio after receipt of the petition the regula-
coal mining and reclamation operations. In-
Act of any area so designated,
tory authority shall hold a public hearing in
corporation of such requirements shall not,
(2) Upon petition pursuant to subsection
the locality of the affected area, after appro-
however, limit in any way the authority of
(c) of this section, the State regulatory au-
priate notice and publication of the date,
the Secretary to subsequently tasue new
thority shall designate an area as unsuitable
time, and location of such hearing. After &
regulations, revise the Federal lands pro-
for all or certain types of surface coal min-
person having an interest which is or may
gram to deal with changing conditions or
ing operations if the State regulatory author-
be adversely affected has filed a petition and
changest technology, and to require any sur-
ity determines that reclamation pursuant to
before the hearing, as required by this sub-
face mining and reclamation operations to
the requirements of this Act is not feasible.
section, any person may intervene by filing
conform with the requirements of this Act
(3) Upon petition pursuant to subsection
allegations of facts with supporting evidence
and the regulations issued pursuant to this
(c) of this section, a surface area may be des-
which would tend to establish the allega-
Act.
ignated unsuitable for certain types of sur-
tions. Within sixty days after such hearing,
(c) The Secretary may enter into agree-
face coal mining operations if such opera-
the regulatory authority shall issue and fur-
ments with a State or with a number of
tions will-
nish to the petitioner and any other party
States to provide for a joint Federal-State
(A) be incompatible with existing land use
to the hearing, a written decision regarding
program covering a permit or pernatts for
plans or programs; or
the petition, and the reasons therefor. In the
surface coal mining and reclamation opera-
(B) affect fragile or historic lands in which
event that all the petitioners stipulate agree-
tions on land areas which contain lands
such operations could result in significant
ment prior to the requested hearing, and
within any State and Federal lands which
damage to important historic. cultural, sci-
withdraw their request, such hearing need
are interspersed or checkerboarded and which
entific, and esthetic values and natural sys-
not be held.
should, for conservation and administrative
terms; or
(d) Prior to designating any land areas as
purposes, be regulated as a single manage-
(C) affect renewable resource lands in
unsuitable for surface coal mining opera-
ment unit. To implement a joint Federal-
which such operations could result in a sub-
tions, the regulatory authority shall prepare
State program the Secretary may enter into
stantial loss or reduction of long-range
a detailed statement on (1) the potential
agreements with the States, may delegate
productivity of water supply or of food or
coal resource of the area, (ii) the demand
authority to the States, or may accept a
fiber products, and such lands to include
for coal resources, and (iii) the impact of
delegation of authority from the States for
aquifers and aquifer recharge areas; or
such designation on the environment, the
the purpose of avoiding duality of adminis-
(D) affect natural hazard lands in which
economy, and the supply of coal.
tration of a single permit for surface coal
such operations could substantially endanger
(e) Subject to valid existing rights no sur-
mining and reclamation operations.
life and property, such lands to include areas
face coal mining operations except those
(d) Except as specifically provided in sub-
subject to frequent flooding and areas of
which exist on the date of enactment of this
section (c) this section shall not be con-
unstable geology.
Act shall be permitted-
strued as authorising the Secretary to dele-
(4) To comply with this section, a State
(1) on any lands within the boundaries
gate to the States any authority or jurisdic-
must demonstrate it has developed or is
(1) on any lands within the bounderies of
tion to regulate or administer surface ceal
developing a process which includes—
units of the National Park System, the Na-
mining and reclamation operations or other
(A) a State agency responsible for surface
tional Wildlife Refuge Systems, the National
activities taking place on the Federal lands.
coal mining lands review;
System of Trails, the National Wilderness
(e) The Secretary shall develop a pro-
(B) a data base and an inventory sys-
Preservation System, the Wild and Scenic
gram to assure that with respect to the
tem which will permit proper evaluation of
Rivers System, including study rivers desig-
granting of permits, leases, or contracts for
the capacity of different land areas of the
nated under section 5(a) of the Wild and
coal owned by the United States, that no
State to support and permit reclamation of
Scenic Rivers Act and National Recreation
class of purchasers of the mined coal shall
surface coal mining operations;
Areas designated by Act of Congress;
be unreasonably denied purchase theseof.
(C) a method or methods for implement-
(2) on any Federal lands within the
PUBLIC AGENCIES, PUBLIC UTILITIES, AND
ing land use planning decisions concerning
boundaries of any national forest except sur-
PUBLIC CORPORATIONS
surface coal mining operations; and
face operations and impacts incident to an
(D) proper notice, opportunities for public
Sec. 524. Any agency, unit, or instrumen-
underground coal mine;
participation, including a public hearing prior
tality of Federal, State, or local government,
(3) which will adversely affect any publicly
to making any designation or redesignation,
including any publicly owned utility or pub-
owned park or places included in the Na-
pursuant to this section, and measures to
licly owned corporation of Federal, State, or
tional Register of Historic Sites unless ap-
protect the legal interests of affected indi-
proved jointly by the regulatory authority
local government, which proposes to engage
viduals in all aspects of the State planning
in surface coal mining operations which
and the Federal, State, or local agency with
are subject to the requirements of this Act
process.
jurisdiction over the park or the historic site;
(5) Determinations of the unsuitability
shall comply with the provisions of title V.
(4) within one hundred feet of the outside
of land for surface coal mining, as provided
REVIEW BY SECRETARRY
right-of-way line of any public road, except
for in this section, shall be integrated as
where mine access or haulage roads join such
Sec. 525. (a) (I) A permittee issued at notice
closely as possible with present and future
right-of-way line and except that the regu-
or order by the Secretary pursuant to the
land use planning and regulation processes
latory authority may permit such roads to
provisions of subparagraphs (a) (2) and
at the Federal, State, and local levels.
be relocated or the area affected to Ite within
(3) of section 521 of this title, or pursuant
(6) The requirements of this section shall
one hundred feet of such road, If after public
to a Federal program or the Federal lands
not apply to lands on which surface coal
notice and opportunity for public hearing in
program or any person having an interest
mining operations are being conducted on
the locality a written finding is made that
which is or may be adversely affected by
the date of enactment of this Act or under
the interests of the public and the land-
such notice or order or by any modification,
a permit issued pursuant to this Act. or
owners affected thereby will be protected; or
vacation, or termination of such notice or
where substantial legal and financial com-
(5) within three hundred feet from. any
order, may apply to the Secretary for review
mitments in such operations are in existence
occupied dwelling, unless waived by the
of the notice or order within thirty days of
prior to September 1, 1974.
owner thereof, nor within three hundred
receipt thereof or within thirty days of its
(b) The Secretary shall conduct a review
feet of any public building. school, church,
modification, vacation, or termination. Upon
of the Federal lands to determine, pursuant
community, or institutional building, public
receipt of such application, the Secretary
to the standards set forth in paragraphs (2)
park, or within one hundred feet of a
shall cause such investigation to be made
and (3) of subsection (a) of this section,
cemetery.
as he deems appropriate. Such investigation
whether there are areas on Federal lands
FEDERAL LANDS
shall provide an opportunity for a public
which are unsuitable for all or certain types
SEC. 523. (a) No later than six months
hearing. at the request of the applicant or
of surface coal mining operations. When the
after the date of enactment of this Act, the
the person having an interest which is or
Secretary determines an area on Federal lands
Secretary shall promulgate and implement a
may be adversely affected, to enable the
to be unsuitable for all or certain types of
Federal lands program which shall be appli-
applicant or such person to present informa-
surface coal mining operations, he shall
cable to all surface coal mining and reclama-
tion relating to the issuance and centinu-
withdraw such area or condition any mineral
tion operations taking place pursuant to any
ance of such notice or order or the modi-
leasing or mineral entries in a manner so as
Federal law on any Federal lands: Provided,
fication, vacation, or termination there-
to limit surface coal mining operations on
That except as provided in section 712 the
of. The filing of an application for review
such area. Where a Federal program has been
provisions of this Act shall not be applicable
under this subsection shall not operate as a
implemented in a State pursuant to section
to Indian lands. The Federal lands program
stay or any order or natice.
504, the Secretary shall implement a process
FORD
-16-
(2) The permittee and other interested
(2) the extraction of coal for commercial
persons shall be given written notice of the
(b) The court shall hear such petition or
purposes where the surface mining operation
time and place of the hearing at lenst five
complaint solely on the record made before
affects two acres or less.
days prior thereto Any such hearing shall
the Secretary. The findings of the Secretary
ANTHRACITE COAL MINES
be of record and shall be subject to section
If supported by substantial evidence on the
564 of title 6 of the United States Code.
record considered as a whole, shall be con-
SEC. 529. (a) The Secretary is hereby au-
(b) Upon receiving the report of such In-
clusive. The court may affirm, vacate, or
thorized to and shall issue separate regula-
vestigation, the retury shall make finding's
modify any order or decision or many remand
tions according to time schedules established
the proceedings to the Secretary for such
in the Act for anthracite coal surface mines,
of fact, and shall I'm 10 a written decision,
further action as it may direct.
if such mines are regulated by environmental
incorporating therein an order vacating, af-
(c) In the case of a proceeding to review
protection standards of the State in which
firming, modifying, or terminating the notice
any order or decision issued by the Secre-
they are located. Such alternative regulations
or order, or the modification, vacation, or
tary under this Act, except an order
shall adopt, in each instance, the environ-
termination of such notice or order com-
or decision pertaining to any order is-
mental protection provisions of the State
plained of and incorporate his findings
sued under section 521 of this title, the court
regulatory program in existence at the date
therein.
may, under such conditions as it may pre-
of enactment of this Act in lieu of sections
(c) Pending completion of the investiga-
scribe, grant such temporary relief as it
515 and 516. Provisions of sections 509 and
tion required by this section, the applicant
deems appropriate pending final determina-
519 are applicable except for specified bond
may file with the Secretary a written re-
tion of the proceedings if
limits and period of revegetation responsibil-
quest that the Secretary grant temporary
(1) all parties to the proceedings have been
ity. All other provisions of this Act apply
relief from any notice or order issued under
notified and given an opportunity to be heard
and the regulation issued by the Secretary
section 521 of this title, a Federal program
on a request for temporary relief;
of Interior for each State anthracite reg-
or the Federal lands program together with
(2) the person requesting such relief shows
ulatory program shall so reflect: Provided,
a detailed statement giving reasons for grant-
that there is a substantial likelihood that he
however, That upon amendment of a State's
ing such relief. The Secretary may grant such
will prevail on the merits of the final deter-
regulatory program for anthracite mining or
relief, under such conditions as he may pre-
mination of the proceeding; and
regulations thereunder in force in lieu of the
scribe, if-
(3) such relief will not adversely affect the
above-cited sections of this Act, the Secretary
(1) a hearing has been held in the locality
public health or safety or cause significant
shall issue such additional regulations as
of the permit area on the request for tem-
imminent environmental harm to land, air,
necessary to meet the purposes of this Act.
porary relief in which all parties were given
or water resources.
(b) The Secretary of Interior shall report
an opportunity to be heard;
(d) The commencement of a proceeding
to Congress biennially, commencing on De-
(2) the applicant shows that there is sub-
under this section shall not, unless spe-
cember 31, 1975, as to the effectiveness of
stantial likelihood that the findings of the
Secretary will be favorable to him; and
cifically ordered by the court, operate as a
such State anthracite regulatory programs
stay of the action, order or decision of the
operating in conjunction with this Act with
(3) such relief will not adversely affect
Secretary.
respect to protecting the environment and
the health or safety of the public or cause
(e) Action of the State regulatory author-
such reports shall include those recomenda-
significant, imminent environmental harm
ity pursuant to an approved State program
tions the Secretary deems necessary for pro-
to land, air, or water resources.
gram changes in order to better meet the en-
(d) Following the issuance of an order to
shall be subject to judicial review by the
show cause as to why a permit should not
court of competent jurisdiction in accord-
vironmental protection objectives of this
be suspended or revoked pursuant to sec-
ance with State law, but the availability of
Act.
such review shall not be construed to limit
tion 521, the Secretary shall hold a public
TITLE VI.-INDIAN LANDS PROGRAM
hearing after giving written notice of the
the operation of the rights established in sec-
GRANTS TO TRIBES
tion 520.
time, place, and date thereof. Any such hear-
SEC. 601. (a) The Secretary is authorized
ing shall be of record and shall be subject
SPECIAL BITUMINOUS COAL MINES
to make annual grants directly to any Indian
to section 554 of title 5 of the United States
SEC. 527. The regulatory authority is au-
tribe that applies to the Secretary for a grant
Code. Within sixty days following the public
thorized to and shall issue separate regula-
to develop and administer an Indian lands
hearing, the Secretary shall issue and fur-
tions for those special bituminous coal sur-
program for the purpose of enabling the tribe
nish to the permittee and all other parties
face mines located west of the one hundredth
to realize benefits from the development of
to the hearing a writen decision, and the
meridian west longitude which meet the fol-
its coal resources while at the same time
reasons therefor, concerning suspension or
lowing criteria:
protecting the cultural values of the tribe
revocation of the permit. If the Secretary
(a) the excavation of the specific mine pit
and the physical environment of the reser-
revokes the permit, the permittee shall im-
takes place on the same relatively limited
vation, including land, timber, agricultural
mediately cease surface coal mining opera-
site for an extended period of time;
activity, surface and ground waters, and air,
tions on the permit area and shall complete
(b) the excavation of the specific mine
by the establishment of exploration, mine
reclamation within a period specified by the
pit follows a coal seam having an inclina-
operating and reclamation regulations.
Secretary, or the Secretary shall declare as
tion of fifteen degrees or more from the hori-
(b) The distribution of funds under this
forfeited the performance bonds for the
zontal, and continues in the same area pro-
Act shall achieve the purposes of the Act,
operation.
ceeding downward with lateral expansion of
recognize special jurisdictional status of In-
JUDICIAL REVIEW
the pit necessary to maintain stability or as
dian lands and allotted lands of such tribes
SEC. 526. (a) (1) Any action of the Secre-
necessary to accommodate the orderly ex-
and preserve the power of Indian tribes to
tary to approve or disapprove a State program
pansion of the total mining operation;
approve or disapprove surface mining and
or to prepare and promulgate a Federal pro-
(c) the excavation of the specific mine
reclamation operations.
gram pursuant to this Act shall be subject
pit involves the mining of more than one coal
(c) Indian lands programs developed by
to judicial review only by the appropriate
seam and mining has been initiated on the
any Indian tribe shall meet all provisions of
United States Court of Appeals upon the
deepest coal seam contemplated to be mined
this Act and where any provision of any tribal
filing in such court within sixty days from
in the current operations;
code, ordinance, or regulation in effect upon
the date of such action of a petition by any
(d) the amount of material removed is
the date of enactment of this Act or which
person who participated in the administra-
large in proportion to the surface area dis-
may become effective thereafter, provides for
tive proceedings related thereto and who is
turbed;
environmental controls and regulations of
aggrieved by the action praying that the
(e) there is no practicable alternative
surface coal mining and reclamation opera-
action be modified or set aside in whole or
method of mining the coal involved;
tions which are some stringent than the pro-
in part. A copy of the petition shall forth-
(f) there is no practicable method to re-
visions of this Act or any regulation issued
with be sent by registered or certified mail
claim the land in the manner required by
pursuant hereto, such tribal code, ordinance,
to the Secretary, and the Attorney General
this Act; and
or regulation shall not be construed to be
and thereupon the Secretary shall certify, and
(g) the specific mine pit has been actually
inconsistent with this Act.
the Attorney General shall file in such court
producing coal since January 1, 1972, in such
COAL LEASING
the record upon which the action complained
manner as to meet the criteria set forth in
SEC. 602. The Secretary is directed to ob-
of was issued, as provided in section 2112 of
this section, and, because of past duration of
tain written prior approval of the tribe be-
title 28, United States Code.
mining, is substantially committed to a
fore leasing coal under ownership of the
(2) All other orders or decisions issued
mode of operation which warants exceptions
tribe.
by the Secretary pursuant to this Act shall
to some provisions of this title.
INDIAN LANDS ENVIRONMENTAL PROTECTION
be subject to judicial review only in the
Such alternative regulations shall pertain
STANDARDS
United States district court for the locality
only to the standards governing onsite han-
in which the surface coal mining operation
dling of spoils, elimination of depressions ca-
SEC. 603. Not later than the end of the
is located. Such review shall be in accordance
pable of collecting water, creation of im-
one-hundred-and eighty-day period immedi-
with the Federal Rules of Civil Procedure.
poundments, and regrading to the approxi-
ately following the date of enactment of this
In the case of a proceeding to review an
mate original contour and shall specify that
Act, the Secretary shall promulgate and pub-
order or decision issued by the Secretary
remaining highwalls are stable. All other per-
lish in the Federal Register regulations cov-
under the penalty section of this Act, the
formance standards in this title shall apply
ering a permanent regulatory procedure for
court shall have jurisdiction to enter an
to such mines.
surface coal mining and reclamation opera-
order requiring payment or any civil penalty
SURFACE MINING OPERATIONS NOT SUBJECT TO
tions setting mining and reclamation per-
assessment enforced by its judgment. The
formace standards based on and incorporat-
THIS ACT
availability of review established in this sub-
ing the provisions of title V of this Act, and
section shall not be construed to limit the
SEC. 528. The provisions of this Act shall
establishing procedures and requirements
operation of the rights established in section
not apply to any of the following activities:
for preparation, submission, and approval of
520.
(1) the extraction of coal by & landowner
Indian lands programs and development and
for his own noncommercial use from land
implementation of Federal programs under
owned or leased by him; and
this title. Such regulations shall be promul-
gated and published under the guidelines of
section 501 of this Act.
-17-
portunity for submission of a new applica-
tion and reasonable time to conform ongoing
APPROVAL OF PROGRAM
a Federal program has been implemented
surface mining and reclamation operations
SEC. 604. (a) Within twenty-four months
pursuant to this Act. The enforcement pro-
to the requirements of the Act or approved
after the receipt of funding under section
gram shall be carried out pursuant to the
provisions of subsections 502(f) (1), 502(f)
Indian lands program.
(a) of this Act, but not less than thirty this
months after the date of enactment of
(2), 502(f) (3), 502(f) (4), and 502(f) (5).
ADMINISTRATION BY THE SECRETARY
Act, a tribe which expresses to the Secretary an
(c) Following the final disapproval of an
BEC. 607. (m) At any time, a tribe may se-
intent to develop and administer ex-
Indian lands program, and prior to promul-
lect to have its program administered by
an Indian lands program, giving the tribe
gation of a Federal program pursuant to this
the Secretary. Upon such a request by a wibe,
clusive jurisdiction over the regulation of
Act, including judicial review of such a pro-
the Secretary shall assume the responsibility
surface coal mining and reclamation opera-
gram, existing surface coal mining operations
for administering the tribe's Indian lands
tions on lands under its jurisdiction, except of
may continue surface mining operations pur-
program for that reservation.
as provided in section 521 and title IV
suant to the provisions of section 502 of this
(b) Permits issued pursuant to an ap-
this Act shall submit an Indian lands pro-
Act.
proved Indian lands program shall be valid
which demonstrates that such tribe
but reviewable under a Federal program pre-
FEDERAL PROGRAM
gram has the capability of carrying out the provi-
pared pursuant to subsection 306(a) of this
Sec. 606. (a) The Secretary shall prepare
Act. Immediately following the promulgation
sions of this Act.
and, subject to the provisions of this section,
The Secretary shall approve or dis-
of a Federal program. the Secretary shall
promulgate and implement, pursuant to sec-
(b) an Indian lands program, in months whole
undertake to review such permits to deter-
tion 501 of this Act, a Federal program for an
approve or in part, within six full calendar
mine that the requirements of this Act are
Indian tribe that expresses an intent to de-
after the date such Indian lands program
not being violated. If the Secretary deter-
velop and administer an Indian lands pro-
mines that any permit has been granted con-
was submitted to him.
gram if such Indian tribe—
trary to the requirements of this Act be shall
(c) If the Secretary disapproves an Indian shall
(1) fails to submit an Indian lands pro-
80 advise the permittee and provide him a
lands program in whole or in part, he and
gram covering surface mining and reclama-
reasonable time to conform ongoing surface
notify the tribe in writing of his decision The
tion operations by the end of the thirty
coal mining and reclamation operations to
forth in detail the reasons therefor.
month period beginning on the date of enact-
the requirements of the Federal program.
set tribe shall have sixty days in which to re-
ment of this Act;
PERSONNEL
submit a revised Indian lands program, or
(2) fails to resubmit an acceptable Indian
portion thereof: The Secretary shall approve lands
lands program within sixty days of disap-
SEC. 608. (a) Indian tribes are author-
or disapprove the resubmitted Indian
Ized to use the funds authorized pursuant to
proval of a proposed Indian lands program:
program or portion thereof within sixty days
Provided, That the Secretary shall not imple-
section 601 (a) of this title for the hiring
from the date of resubmission.
ment a Federal program prior to the expira-
of professional and technical personnel and,
(d) For the purpose of this section and
where appropriate, to allocate funds to legit-
tion of the initial period allowed for sub-
section 504 of this Act, the inability of an
imately recognised organizations of the tribe
mission of an Indian lands program as pro-
Indian tribe to take any action the purpose
vided for in claude (1) of this subsection;
that are pursuing the objectives of this title,
of which is to prepare, submit, or enforce an
as well as hire special consultants, groups, or
or
Indian lands program, or any portion thereof,
firms from the public and private sector, for
(3) fails to implement, enforce. or maintain
because the action is enjoined by the issuance
the purpose of developing, establishing, or
its approved Indian lands program as pro-
of an injunction by any court of competent
vided for in this Act.
implementing an Indian lands program.
jurisdiction shall not result in a loss of eligi- IV
AUTHORIZATION PRIORITY
bility for financial assistance under titles a
If tribal compliance with clause (1) of
this subsection requires an act of the tribal
SEC. 609. Of the funds made available
and VII of this Act or in the imposition of
Federal program. Regulations of the surface
council or tribal legislature the Secretary
under section 714(a) of this Act, first prior-
coal mining and reclamation operations cov-
may extend the period for submission of an
ity on $2,000,000 for each of the fiscal years
Indian lands program up to an additional
shall be for the purposes of this title.
ered or to be covered by the Indian lands
program subject to the injunction shall be
six months. Promulgation and implementa-
REPORTS TO THE SECRETARY
conducted by the Indian tribe pursuant to
tion of a Federal program vests the Secretary
SEC. 610. Any Indian tribe which is receiv-
section 502 of this Act, until such time as the
with exclusive juriediction for the regulation
ing or has received a grant pursuant to sec-
injunction terminates or for one year, which-
and control of surface coal mining and recla-
tion 714(a) of this Act, shall report at the
ever is shorter. at which time the require-
mation operations taking place on lands with-
end of each fiscal year to the Secretary, in
ments of section 503 and 504 shall again be
in any tribal reservation or upon tribal lands
a manner prescribed by him, on activities
not in compliance with this Act. After pro-
undertaken by the tribe pursuant to or under
fully applicable.
(e) The Secretary shall not approve any
mulgation and implementation of a Federal
this title.
Indian lands program submitted under this
program the Secretary shall be the regulatory
ENFORCEMENT
authority. In promulgating and implemen-
section until he has-
(1) solicited and publicly disclosed the
tating a Federal program for a particular In-
SEC. 611. For the purpose of administering
views of the Administrator of the Environ-
dian tribe the Secretary shall take into
an Indian lands program under this Act. a
consideration the nature of that Indian tribal
tribe shall have jurisdictional authority in-
mental Protection Agency, the Secretary of
reservation's terrain, climate, htological.
cluding the ability to require compliance
Agriculture, and the heads of the other Fed-
eral agencies concerned with or having spe-
chemical and other relevant physical condi-
with said regulations over all persons whether
cial expertise pertinent to the proposed In-
tions.
Indian or non-Indian engaged in surface
(b) Prior to promulgation and Amplemen-
coal mining operations and that all disputes
dian lands program;
(2) obtained the written concurrence of
tation of any proposed Federal program. the
will be adjudicated in the appropriate tribal
the Administrator of the Environmental Pro-
Secretary shall give adequate public notice
court forum until that remedy is exhausted
tection Agency with respect to those aspects
and hold a public hearing for the enrolled
and then the aggrieved party has the right
members of the tribe in a location comventent
to a trial de novo in Federal district court
of an Indian lands program which relate to
air or water quality standards promulgated
to the tribe.
in the appropriate district.
under the authority of the Federal Water
(c) Permits issued pursuant to an approved
INDIAN LANDS STUDY
Pollution Control Act, as amended (33 U.S.C.
Indian lands program shall be valid but to-
Sac. 612. (a) The Secretary is directed to
1151-1175) and the Clean Air Act, as amended
viewable under a Federal program pursuant
study the question of the regulation of sur-
to section 504(d) of this Act.
face coal mining on Indian lands which will
(42 U.S.C. 1857);
(3) held at least one public hearing on the
(d) An Indian tribe which has falled to
achieve the purposes of this Act and recog-
Indian lands program for the enrolled mem-
obtain the approval of an Indian lands pro-
nize the special jurisdictional status of these
bers of the tribe on its reservation; and
gram prior to implementation of a Federal
lands. In carrying out this study the Secre-
(4) found that the Indian tribe has the
program may submit an Indian lands pro-
tary shall consult with the Indian tribes, and
legal authority and qualified personnel nec-
gram at any time after such implementation
may contract or give grants to Indian tribes,
essary for the enforcement of the environ-
pursuant to section 504 of this Act. Until
qualified institutions, agencies, organisa-
mental protection standards.
an Indian lands program is approved as pro-
tions, and persons. The study report shall
vided under this section, the Federal pro-
include proposed legislation designed to as-
INITIAL REGULATORY PROCEDURES
gram shall remain in effect and all actions
sist Indian tribes to assume full regulatory
SEC. 605. (a) No person shall open or
taken by the Secretary pursuant to such Fed-
authority over the administration and an-
develop any new or previously mined or aban-
eral program, including the terms and con-
forcement of regulation of surface cont min-
doned site for surface coal mining and recla-
ditions of any permit issued thereunder, shall
ing on Indian lands.
mation operations on Indian lands after the
remain in effect.
(b) The report required by subsection (a)
date of enactment of this Act unless such
(e) Permits issued pursuant to the Fed-
of this section together with draft proposed
person is in compliance with existing Federal
eral program shall be valid but reviewable
legislation and the view of each Indian tribs
regulations governing surface coal mining on
under the approved Indian lands program.
which would be affected shall be submitted
Indian lands.
The tribal regulatory authority may review
to the Congress as soon as possible but not
(b) No later than one hundred and thirty-
such permits to determine that the require-
later than two years after the date of an-
five days from the date of enactment of this
ments of this Act and the approved Indian
actment of this Act.
Act, the Secretary shall implement a Federal
lands program are not being violated. If the
(c) On and after one hundred and thirty-
enforcement program which shall remain in
tribal regulatory authority determines any
effect on those Indian lands oh which there
five days from the date of enactment of this
permit to have been granted contrary to the
is surface coal mining and where the Indian
Act, all surface coal mining operations on
requirements of the Act or the approved
tribe has expressed to the Secretary an intent
Indian lands wherein the tribe has not ap-
Indian lands program. be shall so advise the
to develop and administer an Indian lands
plied for a grant to develop and administer
permittee and provide him a reasonable op-
an Indian lands program pursuant to sec-
program, until the Indian lands program has
been approved pursuant to this Act or until
tion 601 of this title, or has not selected
to have its Indian lands program adminis-
-18-
tered by the Secretary pursuant to section
(d) In no event is a land area to be desig-
(B) the areas upon which such activities
607 of this title, shall comply with require-
nated unsuitable for mining operations un-
occur or where such activities disturb the
ments at least as stringent as those imposed
der this section on which mining operations
natural land surface. Such areas shall also
by subsections 515(b) (2), 515(b) (3). 515
are being conducted prior to the holding of
include any adjacent land the use of which
(b) (5). (10), 515(b) (13), 515(b)
a hearing on such petition in accordance
is incidental to any such activities, all lands
(19), and 515(d) of this Act and the Secre-
with subsection (c) hereof. Valid existing
affected by the construction of new roads or
retary shall incorporate the requirements of
rights shall be preserved and not affected by
the improvement or use of existing roads to
such provisions in all existing and new leases
such designation. Designation of an area as
gain access to the site of such activities and
for coal on Indian lands.
unsuitable for mining operations under this
for haulage, and excavations, workings, im-
(d) On and after thirty months following
section shall not prevent subsequent mineral
poundments, dams, ventilation shafts, entry-
the date of enactment of this Act, all surface
exploration of such area, except that such
ways, refuse banks, dumps, stockpiles, over-
exploration shall' require the prior written
burden piles, spoil banks, culm banks, tail-
coal mining operations on Indian lands shall
comply with requirements at least as strin-
eonsent of the holder of the surface estate,
ings, holes or depressions, repair areas, stor-
which consent shall be filed with the Sec-
age areas, processing areas, shipping areas
gent as those imposed by sections 507, 508,
509, 510, 515, 516, 517, and 519 of this Act and
retary. The Secretary may promulgate, with
and other areas upon which are sited struc-
respect to any designated area, regulations
tures, facilities, or other property or materials
the Secretary shall incorporate the require-
ments of such provisions in all existing and
to minimize any adverse effects of such ex-
on the surface, resulting from or incident to
new leases issued for coal on Indian lands.
ploration.
such activities;
(e) With respect to leases issued after the
(e) Prior to any designation pursuant to
(6) "surface coal mining and reclamation
this section, the Secretary shall prepare a
operations" means surface mining operations
date of enactment of this Act, the Secretary
detailed statement on (1) the potential
and all activities necessary and incident to
shall include and enforce terms and condi-
mineral resources of the area, (11) the de-
the reclamation of such operations after the
tions in addition to those required by sub-
sections (c) and (d) as may be requested by
mand for such mineral resources, and (iii)
date of enactment of this Act;
the Indian tribe in such leases.
the impact of such designation or the absence
(7) "lands within any State" or "lands
(f) Any change required by subsections
of such designation on the environment,
within such State" means all lands within a
(c) and (d) of this section in the terms and
economy, and the supply of such mineral
State other than Federal lands and Indian
conditions of any coal lease on Indian lands
resources.
lands;
existing on the date of enactment of this
(f) When the Secretary designates an area
(8) "Federal lands" means any land, in-
Act, shall require the approval of the Secre-
of Federal lands as unsuitable for all or cer-
cluding mineral interests, owned by the
tary.
tain types of mining operations for minerals
United States without regard to how the
(g) The Secretary shall provide for ade-
and materials other than coal pursuant to
United States acquired ownership of the land
quate participation by the various Indian
this section he may withdraw such area from
and without regard to the agency having re-
tribes affected in the study authorized in
mineral entry or leasing, or condition such
sponsibility for management thereof, except
this section and not more than $700,000 of
entry or leasing so as to limit such mining
Indian lands;
the funds authorized in section 714(a) of
operations in accordance with his deter-
(9) "Indian lands" means all lands, in-
this Act shall be reserved for this purpose.
mination, if the Secretary also determines,
cluding mineral interests within the exterior
based on his analysis pursuant to subsection
REPORTS TO CONGRESS
boundaries of any Indian recervation, not-
(e), that the benefits resulting from such
withstanding the issuance of any patent, and
SEC. 613. The Secretary shall report an-
designation, would be greater than the bene-
nually to the President and the Congress
including rights-of-way, and all lands held in
fits to the regional or national economy
on all actions taken in furtherance of this
trust for or supervised by any Indian tribe;
which could result from mineral develop-
(10) "Indian tribe" means any Indian
title and on the impacts of all other pro-
ment of such area.
tribe, band, group. or community having a
grams or services to or on behalf of Indians
on the ability of Indian tribes to fulfill the
(g) Any party with a valid legal interest
governing body recognized by the Secretary:
requirements of this title.
who has appeared in the proceedings in con-
(11) The term Indian lands program'
nection with the Secretary's determination
means a program established by an Indian
TITLE VIL-DESIGNATION OF LANDS UN-
pursuant to this section and who is aggrieved
tribe pursuant to title VI to regulate surface
SUITABLE FOR NONCOAL MINING
by the Secretary's decision (or by his failure
mining and reclamation operations for coal,
DESIGNATION PROCEDURES
to act within a reasonable time) shall have
whichever is relevant, on Indian lands under
(a) With respect to Federal lands
the right of appeal for review by the United
its jurisdiction in accordance with the re-
within any State, the Secretary of Interior
States district court for the district in which
quirements of this Act and the regulations
may, and if so requested by the Governor of
the pertinent area is located.
issued by the Secretary pursuant to this
Act;
such State, shall review any area within such
TITLE 8 -ADMINISTRATIVE AND
lands to assess whether it may be unsuitable
(12) "State program" means a program
MISCELLANEOUS PROVISIONS
for mining operations for minerals or ma-
established by a State pursuant to section
terials other than coal, pursuant to the cri-
DEFINITIONS
503 to regulate surface coal mining and rec-
teria and procedures of this section.
SEC. 801. For the purposes of this Act-
lamation operations, on lands within such
(b) An area of Federal lands may be desig-
(1) "Secretary" means the Secretary of the
State in accord with the requirements of this
nated under this section as unsuitable for
Interior, except where otherwise described;
Act and regulations issued by the Secretary
mining operations if (1) such area consists
(2) "State" means a State of the United
pursuant to this Act;
of Federal land of a predominantly urban or
States, the District of Columbia, the Com-
(15) "Federal program" means a program
suburban character, used primarily for resi-
monwealth of Puerto Rico, the Virgin Islands,
established by the Secretary pursuant to sec-
dential or related purposes, the mineral estate
American Samoa, and Guam;
tion 504 to regulate surface coal mining and
of which remains in the public domain, or
(3) "Office" means the Office of Surface
reclamation operations on lands within a
(2) such area consists of Federal land where
Mining, Reclamation, and Enforcement
State in accordance with the requirements of
mining operations would have an adverse
established pursuant to title II;
this Act;
impact on lands used primarily for residen-
(4) "commerce" means trade, traffic, com-
(18) "Federal lands program" means a pro-
tial or related purposes, or (3) lands where
merce, transportation, transmission, or com-
gram established by the Secretary pursuant
such mining operations could result in irre-
munication among the several States, or be-
to section 523 to regulate surface coal mining
versible damage to important historic, cul-
tween a State and any other place outside
and reclamation operations on Federal lands;
tural, scientific, or aesthetic values or natural
thereof; or between points in the same State
(10) "reclamation plan" means a plan sub-
systems, of more than local significance, or
which directly or indirectly affect interstate
mitted by an applicant for a permit under a
could unreasonably endanger human life and
commerce;
State program or Federal program which sets
property.
(5) "surface coal mining operations"
forth a plan for reclamation of the proposed
(c) Any person having an interest which
means—
surface coal mining operations pursuant to
is or may be adversely affected shall have the
(A) activities conducted on the surface
section 508:
right to petition the Secretary to seek exclu-
of lands in connection with a surface coal
(16) "State regulatory authority" means
sion of an area from mining operations pur-
mine or surface operations the products of
the department or agency in each State
suant to this section or the redesignation of
which enter commerce or the operations of
which has primary responsibility at the State
an area or part thereof as suitable for such
which directly or indirectly affect interstate
level for administering this Act;
operations. Such petition shall contain alle-
commerce. Such activities include excava-
(16) "regulatory authority" means the
gations of fact with supporting evidence
tion for the purpose of obtaining coal includ-
State regulatory authority where the State
which would tend to substantiate the allega-
ing such common methods as contour, strip,
is administering this Act under an approved
tions. The petitioner shall be granted a hear-
auger, mountaintop removal, box cut, open
State program or the Secretary where the
ing within a reasonable time and finding
pit, and area mining, and in situ distillation
Secretary is administering this Act under a
with reasons therefor upon the matter of
or retorting, leaching or other chemical or
Federal program;
their petition. In any instance where a Gov-
physical processing, and the cleaning, con-
(18) "person" means an individual, part-
ernor requests the Secretary to review an
centrating, or other processing or prepara-
nership, association, society, joint stock com-
area, or where the Secretary finds the na-
tion, loading of coal for interstate commerce
pany, firm, company, corporation, or other
tional interest so requires, the Secretary may
at or near the mine site: Provided, however,
business organization;
temporarily withdraw the area to be reviewed
That such activities do not include the ex-
(18) "permit" means a permit to conduct
from mineral entry or leasing pending such
traction of coal incidental to the extraction
surface coal mining and reclamation opera-
review: Provided, however, That such tem-
of other minerals where coal does not exceed
tions issued by the State regulatory author-
porary withdrawal be ended as promptly as
162/3 percentum of the tonnage of minerals
ity pursuant to a State program or by the
practicable and in no event shall exceed two
removed for purposes of commercial use or
Secretary pursuant to a Federal program;
years.
sale or coal explorations subject to section
(10) "permit applicant" or "applicant"
512 of this Act and
means a person applying for a permit;
-19-
(20) "permittee" means a person holding
of fact as to the effect of such enforcement
a permit;
(c) To the greatest extent practicable each
(22) "fund" means the Abandoned Mine
or requirement on employment and on the
Federal agency shall cooperate with the Sec-
Reclamation Fund established pursuant to
alleged discharge, layoff, or discrimination
retary and the States in carrying out the
and shall make such recommendations as
section 401;
provisions of this Act.
(25) "other minerals" means clay, stone,
he deems appropriate. Such report, findings,
SEC. 803. (a) No person shall discharge,
sand, gravel, metalliferous and nonmetalli-
and recommendations shall be available to
or in any other way discriminate against, or
ferous ores, and any other solid material or
the public. Nothing in this subsection shall
cause to be fired or discriminated against,
substances of commercial value excavated in
be construed to require or authorize the
any employee or any authorized representa-
solid form from natural deposits on or in
Secretary or a State to modify or withdraw
tive of employees by reason of the fact that
the Earth, exclusive of coal and those min-
any enforcement action or requirement.
such employee or representative has filed,
erals which occur naturally in liquid*or gas-
PROTECTION OF GOVERNMENT EMPLOYEES
instituted, or caused to be filed or instituted
eous form;
any rroceeding under this Act, or has testi-
SEC. 804. Section 1114, title 18, United
(20) "approximate original contour" means
fied or is about to testify in any proceeding
States Code, is hereby amended by adding the
that surface configuration achieved by back-
resulting from the administration or en-
words "or of the Department of the Interior"
filling and grading of the mined area so
forcement of the provisions of this Act.
after the worlds "Department of Labor" con-
that it closely resembles the surface con-
(b) Any employee or a representative of
tained in that section.
figuration of the land prior to mining and
employees who believes that he has been
GRANTS TO THE STATES
blends into and complements the drainage
fired or otherwise discriminated against by
SEC. #05. (a) The Secretary is authorized
pattern of the surrounding terrain, with all
any person in violation of subsection (a)
to make annual grants to any State for the
highwalls, spoil piles, and depressions elim-
of this section may, within thirty days after
purpose of assisting such State in develop-
inated except that water impoundments may
such alleged violation occurs, apply to the
ing, administering, and enforcing State pro-
be permitted where the regulatory authority
Secretary for a review of such firing or
grams under this Act. Such grants shall not
determines that they are in compliance with
alleged discrimination. A copy of the applica-
exceed B0 per centum of the total costs in-
section 515(b) (8) of this Act;
tion shall be sent to the person or operator
curred during the first year, 60 per centum
(26) "operator" means any person, part-
who will be the respondent. Upon receipt of
of total costs incurred during the second
nership, or corporation engaged in coal min-
such application, the Secretary shall cause
year, and 40 per centum of the total costs in-
ing who removes or Intends to remove more
such investigation to be made as he deems
curred during the third and fourth years.
than two hundred and fifty tons of coal from
appropriate. Such investigation shall pro-
(b) The Secretary is authorized to cooper-
the earth by coal mining within twelve con-
vide an opportunity for a public hearing
ate with and provide assistance to any State
secutive calendar months in any one loca-
at the request of any party to such review
for the purpose of assisting It in the devel-
tion;
to enable the parties to present information
opment, administration, and enforcement
(2) "permit area" means the area of
relating to the alleged violation. The parties
of its State programs. Such cooperation and
land indicated on the approved map sub-
shall be given written notice of the time
assistance shall include-
mitted by the operator with his application,
and place of the hearing at least five days
(1) technical assistance and training in-
which area of land shall be covered by the
prior to the hearing. Any such hearing shall
cluding provision of necessary curricular and
operator's bond as required by section 509
be of record and shall be subject to section
instruction materials, in the development,
of this Act and shall be readily identifiable
554 of title 5 of the United States Code.
administration, and enforcement of the State
by appropriate markers on the site:
Upon receiving the report of such investiga-
programs; and
(2)) "unwarranted failure to comply"
tion the Secretary shall make findings of
means the failure of a permittee to prevent
fact. If he finds that a violation did occur,
(2) assistance in preparing and maintain-
the occurrence of any violation of his per-
he shall issue a decision incorporating
ing a continuing inventory of information
mit or any requirement of this Act due to
therein and his findings in an order requiring
on surface coal mining and reclamation op-
erations for each State for the purposes of
indifference, lack of diligence, or lack of rea-
the party committing the violation to take
sonable care, or the failure to abate any
such affirmative action to abate the viola-
evaluating the effectiveness of the State pro-
violation of such permit or the Act due to
tion as the Secretary deems appropriate,
grams. Such assistance shall include all Fed-
indifference, lack of diligence, or lack of
including, but not limited to, the rehiring
eral departments and agencies making avail-
able data relevant to surface coal mining and
reasonable care;
or reinstatement of the employee or repre-
(28) "alluvial valley floors" means the un-
sentative of employees to his former posi-
reclamation operations and to the develop-
consolidated stream laid deposits holding
tion with compensation. If he finds that
ment, administration, and enforcement of
straams where water availability is sufficient
there was no violation, he shall issue a find-
State programs concerning such operations.
for subirrigation or flood irrigation agricul-
ing. Orders issued by the Secretary under
ANNUAL REPORT
tural activities;
this subsection shall be subject to judicial
SEC. 806. The Secretary shall submit an-
(26) "imminent danger to the health or
review in the same manner as orders and
nually to the President and the Congress a
safety of the public" means the existence of
decisions of the Secretary are subject to
report concerning activities conducted by
any condition or practice, or any violation of
judicial review under this Act.
him, the Federal Government, and the States
a permit or other requirement of this Act in
(c) Whenever an order is issued under
pursuant to this Act. Among other matters,
a surface coal mining and reclamation oper-
this section to abate any violation, at the
the Secretary shall include in such report
ation, which condition, practice, or violation
request of the applicant a sum equal to the
recommendations for additional administra-
could reasonably be expected to cause sub-
aggregate amounts of all costs and expenses
tive or legislative action as he deems neces-
stantial physical harm to persons outside
(including attorneys' fees) to have been
sary and desirable to accomplish the purposes
the permit area before such condition, prac-
reasonably incurred by the aprlicant for, or
of this Act.
tice, or violation can be abated.
in connection with, the institution and pros-
SEVERABILITY
OTHER FEDERAL LAWS
ecution of such proceedings, shall be assessed
SEC.807. If any provision of this Act or the
SEC. 802. (a) Nothing in this Act shall be
against the persons committing the violation.
(d) The Secretary shall conduct con-
applicability thereof to any person or circum-
construed as superseding, amending, modify-
stance is held invalid, the remainder of this
ing, or repealing the Mining and Minerals
tinuing evaluations of potential losses or
shifts of employment which may result from
Act and the application of such provision to
Policy Act of 1970 (30 U.S.C. 21a), the Na-
the enforcement of this Act or any require-
other persons or circumstances shall not be
tional Environmental Policy Act of 1969 (42
ment of this Act including, where appro-
affected thereby.
U.S.C. 4321-47), or any of the following Acts
priate, investigating threatened mine
ALASKAN SURFACE COAL MINE STUDY
or with any rule or regulation promulgated
thereunder, including but not limited to-
closures or reductions in employment
Sec. 808. (a) The Secretary is directed to
(1) The Federal Metal and Nonmetallic
allegedly resulting from such enforcement
contract with the National Academy of Sci-
Mine Safety Act (30 U.S.C. 721-740).
or requirement. Any employee who is dis-
ences-National Academy of Engineering for
(2) The Federal Coal Mine Health and
charged or laid off, threatened with dis-
an in-depth study of surface cont mining
Safety Act of 1969 (83 Stat. 742).
charge or layoff, or otherwise discriminated
conditions in the State of Alaska in order
(3) The Federal Water Pollution Control
against by any person because of the alleged
to determine which, if any, of the provisions
Act (79 Stat. 903), as amended, the State
results of the enforcement or requirement of
of this Act should be modified with respect
laws enacted pursuant thereto, or other Fed-
this Act, or any representative of such em-
to surface, coal mining operations in Alaska.
eral laws relating to preservation of water
ployee, may request the Secretary to conduct
(b) The Secretary shall report on the find-
a full investigation of the matter. The Sec-
ings of the study to the President and Con-
quality.
(4) The Clean Air Act, as amended (42
retary shall thereupon investigate the mat-
gress no later than two years after the date
ter, and, at the request of any interested
of enactment of this Act.
U.S.C. 1857).
(5) The Solid Waste Disposal Act (42
party, shall hold public hearings on not less
(c) The Secretary shall include in his re-
than five days' notice, and shall at such
U.S.C. 3251).
port a draft of legislation to implement any
(6) The Refuse Act of 1899 (33 U.S.C. 407).
hearings require the parties, including the
changes recommended to this Act.
(7) The Fish and Wildlife Coordination
employer involved, to present information
(d) Until one year after the Secretary has
Act of 1934 (16 U.S.C. 661-666c).
relating to the actual or potential effect of
made this report to the President and Con-
(b) Nothing in this Act shall affect in any
such limitation or order on employment and
gress, or three years after the date of enact-
on any alleged discharge, layoff, or other dis-
ment of this Act, whichever comes first, the
way the authority of the Secretary or the
heads of other Federal agencies under other
crimination and the detailed reasons or
Secretary is authorized to suspend the appli-
provisions of law to include in any lease, 11-
justification therefor. Any such hearing shall
cability of any provision of this Act, or any
cense, permit, contract, or other instrument
be of record and shall be subject to section
regulation issued pursuant thereto, to any
54 of title 5 of the United States Code. Upon
surface coal mining operation in Alaska from
such conditions as may be appropriate to
receiving the report of such investigation,
which coal has been mined during the year
regulate surface coal mining and reclamation
operations on lands under their jurisdiction.
the Secretary shall promotly make findings
preceding enactment of this Act if he deter-
-20-
inines that it is necessary to insure the con-
tinued operation of such surface coal mining
operation. The Secretary may exercise his
ments of such provisions in all existing and
conducted or financed under this Act in any
suspension authority only after he has (1)
new leases issued for coal on Indian lands.
fiscal year, the Secretary in consultation with
published a notice of proposed suspension
(e) With respect to leases issued after the
the Administrator of the Energy Research
in the Federal Register and in a newspaper
date of enactment of this Act, the Secretary
and Development Administration and the
of general circulation in the area of Alaska
shall include and enforce terms and con-
heads of other Federal agencies having the
in which the affected surface coal mining op-
ditions in addition to those required by sub-
authority to conduct or finance such projects,
eration is located, and (2) held a public
sections (c) and (d) as may be requested by
shall determine and publish such determina-
hearing on the proposed suspension in
the Indian tribe in such leases.
Alaska.
tions in the Federal Register that such proj-
(1) Any change required by subsection (c)
ects are not being conducted or financed
(e) There 18 hereby authorized to be ap-
or (d) of this section in the terms and con-
by any other Federal agency. On March 1
fir the purpose of this section
ditions of any coal lease on Indian lands
of each calendar year, the Secretary shall
$250,000.
existing on the date of enactment of this
report to the Congress on the research stud-
STUDY OF RECLAMATION STANDARDS FOR SURFACE
Act, shall require the approval of the Sec-
ies, surveys, experiments or demonstration
MINING OF OTHER MINERALS
retary.
projects, conducted or financed under this
SEC. 809. (a) The Chairman of the Council
(g) The Secretary shall provide for ade-
Act, including, but not limited to, a state-
on Environmental Quality is directed to con-
quate participation by the various Indian
ment of the nature and purpose of such proj-
tract with the National Academy of Sciences-
tribes affected in the study authorized in this
ect, the Federal cost thereof, the identity
National Academy of Engineering, other Gov-
section and not more than $700,000 of the
and affiliation of the persons engaged in such
ernment agencies or private groups as appro-
funds authorized in section 712(a) shall be
projects, the expected completion date of the
priate, for an in-depth study of current and
reserved for this purpose.
projects and the relationship of the projects
developing technology for surface and open
EXPERIMENTAL PRACTICES
to other such projects of a similar nature.
pit mining and reclamation for minerals
SEC. 811. In order to encourage advances
(e) subject to the patent provisions of
other than coal designed to assist in the es-
in mining and reclamation practices, the
section 306(d) of this Act, all information
tablishment of effective and reasonable regu-
regulatory authority may authorize depar-
and data resulting from any research studies,
lation of surface and open pit mining and
tures in individual cases on an experimental
surveys, experiments, or demonstration proj-
reclamation for minerals other than coal,
basis from the environmental protection per-
ects conducted or financed under this Act
with a primary emphasis upon oil shale and
formance standards promulgated under sec-
shall be promptly made available to the pub-
tar sands reserves. The study shall-
tions 515 and 516 of this Act. Such depar-
lic.
(1) assess the degree to which the re-
SURFACE OWNER PROTECTION
tures may be authorized if (1) the experi-
quirements of this Act can be met by such
mental practices are potentially more or at
SEC. @14. (a) The provisions and proce-
technology and the costs involved;
least as environmentally protective, during
dures specified in this section shall apply
(2) identify areas where the requirements
and after mining operations, as those re-
where coal owned by the United States under
of this Act cannot be met by current and
quired by promulgated standards; (ii) the
land the surface rights to which are owned
developing technology;
mining operation is no larger than necessary
by a surface owner as defined in this section
(3) in those instances describe require-
to determine the effectiveness and economic
is to be mined by methods other than under-
ments most comparable to those of this Act
feasibility of the experimental practices; and
ground mining techniques. In order to mini-
which could be met, the costs involved, and
(iii) the experimental practices do not re-
mize disturbance to surface owners from sur-
the differences in reclamation results be-
duce the protection afforded public health
face coal mining of Federal coal deposits,
tween these requirements and those of this
and safety below that provided by promul-
the Secretary shall, in his discretion but, to
Act; and
(4) discuss alternative regulatory mecha-
gated standards.
the maximum extent practicable, refrain
nisms designed to insure the achievement of
AUTHORIZATION OF APPROPRIATIONS
from leasing such coal deposits for develop-
the most beneficial post-mining land use for
SEC. 812. There is authorized to be appro-
ment by methods other than underground
priated to the Secretary for the purposes of
mining techniques.
areas affected by surface and open-pit min-
this Act the following sums, and all such
(b) Any coal deposits subject to this sec-
ing.
funds appropriated shall remain available
tion shall be offered for lease pursuant to
(b) The study together with specific leg-
islative recommendations shall be submitted
until expended:
section 2(a) of the Mineral Leasing Act of
(a) For the implementation and funding
1920 (30 U.S.C. 201a), except that no award
to the President and the Congress no later
than eighteen months after the date of en-
of sections 502, 522, 405(b) (3), and 710, con-
shall be made by any method other than
tract authority is granted to the Secretary of
competitive bidding.
actment of this Act: Provided, That with
respect to surface or open pit mining for
the Interior for the sum of $10,000,000 to be-
(c) Prior to placing any deposit subject to
come available immediately upon enactment
this section in a leasing tract, the Secretary
sand and gravel the study shall be submitted
no later than twelve months after the date
of this Act and $10,000,000 for each of the
shall give to any surface owner whose land
of enactment of this Act.
two succeeding fiscal years.
is to be included in the proposed leasing
(c) There are hereby authorized to be
(b) For administrative and other purposes
tract actual written notice of his intention to
of this Act, except as otherwise provided for
place such deposits under such land in a
appropriated for the purpose of this section
in this Act, authorization is provided for the
leasing tract.
$500,000.
sum of $10,000,000 for the fiscal year ending
(d) The Secretary shall not enter into
INDIAN LANDS
June 30, 1975, for each of the two succeeding
any lease of such coal deposits until the
SEC. 810. (a) The Secretary is directed to
fiscal years the sum of $20,000,000 and $30,-
surface owner has given written consent and
study the question of the regulation of sur-
000,000 for each fiscal year thereafter.
the Secretary has obtained such consent, to
face mining on Indian lands which will
enter and commence surface mining opera-
achieve the purpose of this Act and recog-
RESEARCH AND DEMONSTRATION PROJECTS ON
nize the special jurisdictional status of these
ALTERNATIVE COAL MINING TECHNOLOGIES
tions, and the applicant has agreed to pay
in addition to the rental and royalty and
lands. In carrying out this study the Secre-
SEC. 813. (a) The Secretary is authorized
other obligations due the United States the
tary shall consult with Indian tribes. The
to conduct and promote the coordination
money value of the surface owner's interest
study report shall include proposed legis-
and acceleration of, research, studies, sur-
as determined according to the provisions
lation designed to allow Indian tribes to
veys, experiments, demonstration projects,
of section (e).
elect to assume full regulatory authority
and training relating to-
(e) The value of the surface owner's in-
over the administration and enforcement of
(1) the development and application of
terest shall be fixed by the Secretary based
regulation of surface mining of coal on In-
coal mining technologies which provide
on appraisals made by three appraisers. One
dian lands.
alternatives to surface disturbance and which
such appraiser shall be appointed by the
(b) The study report required by subsec-
maximizes the recovery of available coal re-
Secretary, one appointed by the surface own-
tion (a) together with drafts of proposed
sources, including the improvement of pres-
er concerned, and one appointed jointly by
legislation and the view of each Indian tribe
ent underground mining methods, methods
the appraisers named by the Secretary and
which would be affected shall be submitted
for the return of underground mining
such surface owner. In computing the value
to the Congress as soon as possible but not
wastes to the mine void, methods for the
of the surface owner's interest, the apprais-
later than January 1, 1976.
underground mining of thick coal seams and
ers shall first fix and determine the fair
(c) On and after one hundred and thirty-
very deep seams; and
market value of the surface estate and they
five days from the enactment of this Act, all
(2) safety and health in the application
shall then determine and add the value of
surface coal mining operations on Indian
of such technologies, methods, and means.
such of the following losses and costs to the
lands shall comply with requirements at
b) In conducting the activities authorized
extent that such losses and costs arise from
least as stringent as those imposed by sub-
by this section, the Secretary may enter into
contracts with and make grants to qualified
the surface coal mining operations:
section 515(b) (2), 515(b) (3), 515(b) (5),
(1) loss of income to the surface owner
515(b) (10), 515(b) (13), 515(b) (19), and
institutions, agencies, organizations, and per-
during the mining and reclamation process;
515(d) of this Act and the Secretary shall
sons.
(2) cost to the surface owner for reloca-
incorporate the requirements of such pro-
(c) There are authorized to be appropri-
tion or dislocation during the mining and
visions in all existing and new leases issued
ated to the Secretary, to carry out the pur-
reclamation process;
for coal on Indian lands.
poses of this section, $35,000,000 for each
(3) cost to the surface owner for the loss
(d) On and after thirty months from the
fiscal year beginning with the fiscal year
of livestock, crops, water or other improve-
enactment of this Act, all surface coal min-
1976, and for each year thereafter for the
ments;
ing operations on Indian lands shall com-
next four years.
(4) any other damage to the surface rea-
ply with requirements at least as stringent
(d) at least 60 days before any funds are
sonably anticipated to be caused by the sur-
as those imposed by sections 507, 508, 509,
obligated for any research studies, surveys,
face mining and reclamation operations; and
510, 515, 516, 517, and 519 of this Act and
experiments or demonstration projects to be
the Secretary shall incorporate the require-
-21-
(5) such additional reasonable amount of
compensation as the Secretary may deter-
mine is equitable in light of the length of
(1) the written consent of all owners of
the tenure of the ownership: Provided, That
gory. The report shall also indicate the Sec-
water rights reasonably anticipated to be
such additional reasonable amount of com-
retary's views on the impact of the leasing
affected; or
pensation may not exceed the value of the
policy on the availability of Federal coal to
(2) evidence of the capability and willing-
losses and costs as established pursuant to
meet national energy needs and on receipt
ness to provide substitute water supply, at
this subsection and in paragraphs (1)
of fair market value for Federal coal.
least equal in quality, quantity, and dura-
through (4) above, or one hundred dollars
(1) This section shall not apply to Indian
tion to the affected water rights of such
($100.00) per acre, whichever is less.
lands.
owners.
(f) All bids submitted to the Secretary
(m) Any person who gives, offers or prom-
(b) (1) An owner of water rights adversely
for any such lease shall, in addition to any
ises anything of value io any surface owner
affected may file a complaint detailing the
rental or royalty and other obligations, be
or offers or promises any surface owner to
loss in quantity or quality of his water with
accompanied by the deposit of an amount
give anything of value to any other person or
the regulatory authority.
equal to the value of the surface owner's
entity in order to induce such surface owner
interest computed under subsection (e). The
to give the Secretary his written consent pur-
(2) Upon receipt of such complaint the
Secretary shall pay such amount to the sur-
suant to this section, and any surface owner
regulatory authority shall-
face owner either upon the execution of such
who accepts, receives, or offers or agrees to
(A) investigate such complaint using all
lease or upon the commencement of mining,
receive anything of value for himself or any
available information including the monitor-
or shall require posting of bond to assure
other person or entity, in return for giving
ing data gathered pursuant to section 517;
installment payments over a period of years
his written consent pursuant to this section
(B) within 90 days issue a specific written
acceptable to the surface owner, at the option
shall be subject to a civil penalty of one and
finding as to the cause of the water loss in
of the surface owner. At the time of initial
a half times the monetary equivalent of the
quantity or quality, if any;
payment, the surface owner may request a
thing of value. Such penalty shall be as-
(C) order the mining operator to replace
review of the initial determination of the
sessed by the Secretary and collected in ac-
the water within a reasonable time in like
amount of the surface owner's interest for
cordance with the procedures set out in
quality, quantity, and duration if the loss
the purpose of adjusting such amount to
subsections 518(b), 518(c), 518(d), and
is caused by the surface coal mining opera-
reflect any increase in the Consumer Price
518(e) of this Act.
tions, and require the mining operator to
Index since the initial determination. The
(n) Any Federal coal lease issued subject
compensate the owner of the water right
lessee shall pay such increased amount to
to the provisions of this section shall be
for any damages he has sustained by rea-
the Secretary to be paid over to the surface
automatically terminated if the lessee, before
son of said loss; and
owner. Upon the release of the performance
or after issuance of the lease, gives, offers or
(D) order the suspension of the operator's
bonds or deposits under section 519, or at
promises anything of value to the surface
permit if the operator fails to comply with
an earlier time as may be determined by the
owner cr offers or promises to any surface
any order issued pursuant to subparagraph
Secretary, all rights to enter into and use
owner to give anything of value to any other
(C).
the surface of the land subject to such lease
person or entity in order to (1) induce such
shall revert to the surface owner.
surface owner to give the Secretary his writ-
(g) For the purpose of this section the
ten consent pursuant to this section, or (2)
term "surface owner" means the natural
compensate such surface owner for giving
person or persons (or corporation, the ma-
such consent. All bonuses, royalties, rents
jority stock of which is held by a person or
and other payments made by the lessee shall
persons who meet the other requirements
be retained by the United States.
of this section) who-
(o) The provisions of this section shall
(1) hold legal or equitable title to the
become effective on February 1, 1976. Until
land surface;
February 1, 1976, the Secretary shall not lease
(2) have their principal place of residence
any coal deposits owned by the United States
on the land; or personally conduct farming
under land the surface rights to which are
or ranching operations upon a farm or ranch
not owned by the United States, unless the
unit to be affected by surface coal mining
Secretary has in his pcssession a document
operations; or receive directly a significant
which demonstrates the acquiescence prior
portion of their income, if any, from such
to December 3, 1974, of the owner of the sur-
farming or ranching operations; and
face rights to the extraction of minerals
(3) have met the conditions of paragraphs
within the boundaries of his property by cur-
(1) and (2) for a period of at least three years
rent surface coal mining methods.
prior to the granting of the consent.
FEDERAL LESSEE PROTECTION
In computing the three-year period the Sec-
SEC. g15. In those instances where the coal
retary may include periods during which title
proposed to be mined by surface coal min-
was owned by a relative of such person by
ing operations is owned by the Federal Gov-
blood or marriage during which period such
ernment and the surface is subject to a lease
relative would have met the requirements of
or a permit issued by the Federal Govern-
this subsection.
ment, the application for a permit shall in-
(h) Where surface lands over coal subject
clude either:
to this section are owned by any person who
(1) the written consent of the permittee
meets the requirements of paragraphs (1)
or lessee of the surface lands involved to
and (2) of subsection (g) but who does not
enter and commence surface coal mining op-
meet the requirements of paragraph (3) of
erations on such land, or in lieu thereof;
subsection (g). the Secretary shall not place
(2) evidence of the execution of a bond or
such coal deposit in a leasing tract unless
undertaking to the United States or the State,
such person has owned such surface lands for
whichever is applicable, for the use and
a period of three years. After the expiration
benefit of the permittee or lessee of the sur-
of such three-year period such coal deposit
face lands involved to secure payment of any
may be leased by the Secretary, provided that
damages to the surface estate which the op-
if such person qualifies as a surface owner as
erations will cause to the crops, or to the
defined by subsection (g) his consent has
tangible improvements of the permittee or
been obtained pursuant to the procedures set
lessee of the surface lands as may be deter-
forth in this section.
mined by the parties involved, or as deter-
(1) Nothing in this section shall be con-
mined and fixed in an action brought against
strued as increasing or diminishing any prop-
the operator or upon the bond in a court of
erty rights held by the United States or by
competent jurisdiction. This bond is in addi-
any other land owner.
tion to the performance bond required for
(j) The determination of the value of the
reclamation under this Act.
surface owner's interest fixed pursuant to
WATER RIGHTS
subsection (e) or any adjustment to that
determination made pursuant to subsection
SEC. 816. Nothing in this Act shall be con-
(f) shall be subject to judicial review only
strued as affecting in any way the right of
in the United States district court for the
any person to enforce or protect, under ap-
locality in which the leasing tract is located.
plicable State law, his interest in water re-
(k) At the end of each two-year period
sources affected by a surface coal mining
operation.
after the date of enactment of this Act, the
Secretary shall submit to the Congress a re-
PROTECTION OF WATER RIGHTS
port on the implementation of the Federal
Sec. 817. (a) In those instances in which
coal leasing policy established by this sec-
it is determined that a proposed surface coal
tion. The report shall include a list of the
mining operation is likely to adversely affect
surface owners who have (1) given their con-
the hydrologic balance of water on or off
sent, (2) received payments pursuant to this
site, or diminish the supply or quality of
section, (3) refused to give consent, and (4)
such water, the application for a permit
the acreage of land involved in each cate-
shall include either-