{S12201} Mr. METCALF.  Mr. President, shortly, I hope the Senate will
consider the conference report on the Surface Mining and Reclamation Act.  The
report was filed on July 12.  A copy of the report and the text of the final
bill agreed upon is contained in the CONGRESSIONAL RECORD for July 12 at pages
H6938-H6971.  The report and final text have by now been printed and are
available to every Senator.  The following explanation of the major provisions
of the bill and the changes from the Senate bill that previously passed the
Senate may answer some of the questions concerning this legislation.  I ask
unanimous consent that this information be printed in the RECORD.

     S12201  There being no objection, the material was ordered to be printed in
the RECORD, as follows:

     S12201  THE SURFACE MINING CONFERENCE REPORT

     S12201  The conference report represents the culmination of many years of
patient effort by many Members on both sides of the aisle in the Senate and the 
House to develop the first Federal legislation to regulate surface coal mining. 
The agreed upon bill is a strong, enforceable and balanced one.  It contains
many revisions of H.R. 25, the predecessor bill which was vetoed by President
Ford, revisions which will ensure that the transition from the existing
patch-work of State and Federal administration to one uniform regulatory system 
will be as expeditious and as equitable as possible.

     S12201  The Surface Mining and Reclamation Act of 1977 was introduced early
in the 95th Congress in both the House (H.R. 2) and the Senate (S. 7). H.R. 2
was nearly identical to the vetoed H.R. 25, whereas S. 7 was somewhat
streamlined so as to place the emphasis upon coal mining exclusive of other
mineral extraction.  The Senate Energy and Natural Resources Committee added
many features bringing the bill more in line with the House bill.

     S12201  MAJOR PROVISIONS

     S12201  The joint statement of managers explains the conference report in
some detail.  However, in the interest of clarifying the understanding of my
colleagues, I will highlight some major provisions in the report:

     S12201  First.  Environmental standards.  The conference report establishes
the basic standard that lands may not be surface mined unless they can be
reclaimed.  It includes the following environmental protection standards:
prevention of dumping spoil and overburden downslope in mountainous areas; a
requirement that mine sites be regraded to approximate original contour,
including backfilling to final cut to eliminate highways; revegetation measures 
to assure land stability and long term productivity; and water protection
standards directed at protection of water quantity and quality.  The latter will
be particularly significant in maintaining the delicate hydrologic relationships
in the West and preventing acid mine drainage in the East.  The environmental
performance standards are not inflexible, however, as the report provides for
variances from these standards in order to allow cetain planned postmining land 
uses.  Mountaintop mining is recognized as a regularly permitted activity under 
special environmental requirements.

     S12201  Second, State responsibility.  The report gives the principal
responsibility for surface mining regulation to the States.The States are given 
34 months to prepare adequate regulatory programs to meet the minimum standards 
in the act.  Federal funding is available to help the States prepare and enforce
such programs.

     S12201  Third.  Surface impacts of underground mines.  The report also
treats surface impacts of underground mines such as those resulting from mine
waste disposal.  In particular, mine waste embankments are covered by rigorous
engineering requirements.

     S12201  Fourth.  Reclamation of orphan lands.  The report establishes a
reclamation program to repair past damages from both surface and underground
coal mines in all regions of the country.  In addition, assistance is provided
for the construction of public facilities in order to ameliorate the impact of
rapid coal development.  For 15 years, a reclamation fee of 35 cents per ton for
surface mined coal and 15 cents per ton for underground mined coal, and 15 cents
per ton or 10 percent of the value of lignite coal, whichever is less, is
assessed in order to provide for the reclamation program.  One-half of this
money must be spent in the State or Indian reservation in which it is collected.

     S12201  Fifth.  State mineral institutes.  The bill also authorizes the
Secretary of the Interior to establish State mining and mineral resources
research institutes at State or other eligible universities.  These institutes
will perform research on mineral extraction and processing technologies, and
train engineers and scientists to serve the needs of the Nation's mining
industry.  This program should help to avoid future materials and personnel
shortages.  Then regional coal research laboratories and 1000 energy research
fellowships are also to be established.

     S12201  Sixth.  Surface-owner protection.  The conference report
establishes as Federal coal leasing policy a requirement that the Secretary of
the Interior not lease for surface mining without the consent of the surface
owner Federal coal deposits underlying land owned by a person who has his
principal place of residence on the land, or personally farms or ranches the
land affected by the mining operation, or receives directly a "significant
portion" of his income from such farming.By so defining "surface owner," the
conferees seek to prevent speculators purchasing land only in the hope of
reaping a windfall profit simply because Federal coal deposits lie underneath
the land.

     S12201  Seventh.  Prime farmlands.  The conference report establishes
special performance standards respecting soil reconstruction of prime farmland
after mining, and requires the regulatory authority to make a written finding
that the operator has the ability to restore the land to premining levels of
agricultural productivity.

     S12201  Mr. President, as with any legislation which touches so many vital 
areas of national, State and personal interests, a number of major issues
emerged in conference:

     S12201  (a) The treatment of alluvial valley floors and prime farmlands
will have an important bearing upon the ability of our farming communities to
continue over the years to produce the quantity of food demanded by domestic and
foreign markets.The conference report does not impose a ban on surface mining in
these critical areas but rather requires a case-by-case judgment by the
regulatory authority as to whether soil structures and the hydrology can be
restored so that the productive capacity of the land will be returned to its
pre-mining levels.

     S12201  (b) The conference report reflects a deep concern with protection
of surface owner rights.  Instances where federally-owned coal deposits underlie
privately-owned surface posed difficult problems which long delayed the
conference committee considering H.R. 25 in 1975.  The present conference report
adopts the House bill which is virtually the same language as that reported by
the Senate Energy and Natural Resources Committee in S. 7.  For the relatively
small number of western ranchers and farmers who are opposed to the leasing of
the underlying Federal coal and the disruption of their traditional way of life,
the conference report would provide the right to withhold consent and prevent
the strip mining of this land.

     S12201  In instances where the underlying coal deposit is privately owned, 
the conference report left to existing State law and the jurisdiction of State
courts the settlement of questions regarding the surface owner's consent for
surface mining.

     S12201  (c) Another group of citizens who will be seriously affected by
this legislation are the small operators.  Mine operators whose annual output of
coal is less than 100,000 tons often do not have a sufficient profit margin to
absorb the costs of environmental protection standards imposed by the bill.  The
conference report contains relief measures for such small operators, extending
the grace period from 9 to 18 months beyond the date of enactment, during which 
the only interim performance standard applying to their operatioons would be a
prohibition against the placement of spoil on the downslope.

     S12201  (d) Landowners in mountainous areas have been concerned that where 
stripmining produces flat land which is useful for residential, industrial or
other types of development, the steep slope performance standards of the bill
would preclude such valuable uses.  In recognition of this need, the conference 
report modifies the standards so as to allow retention of strip mine benches.

    {S12202}  } However, all highwalls are to be eliminated, except in specific 
cases approved by the Secretary.

    S12202 (e) The reclamation of orphan or abandoned mined lands has been a
long-neglected problem in many coal-producing States.  The role of the State
governments and the allocation of funds collected from a special reclamation fee
imposed on coal production were matters at issue.  The Conference report divides
the funds 50-50 between coal-producing States and Indian Tribes on one hand and 
the Secretary of Interior on the other, specifying that States and tribes are to
exercise comparable authority under programs approved by the Secretary.

    S12202 Mr. President, I mention these issues in order to underscore the
conscientious manner in which the Conferees have worked together to produce a
fair and equitable conference report.  I believe this bill will help to ensure
the restoration of environmental quality after mining is completed.  It will
protect the interests of people in the neighborhood of coal mining operations.It
will eliminate the depressing legacy of orphan lands.  It will encourage the
rational development of the industry.