Congressional Record May 18, 1977
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Legislative History Congressional Record May 18, 1977 |
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{S7867} AMENDMENT NO. 280
S7867 (Ordered to be printed and to lie on the table.)
S7867 AOC VARIANCE
S7867 Mr. FORD. Mr. President, the amendment that I am submitting here is the same
amendment considered by the Energy and Natural Resources and which failed adoption by two
votes.
S7867 The amendment speaks for itself. S. 7 as written and reported, requires return to
approximate original contour in every instance where mining is undertaken on slopes in excess of 20
degrees. The requirement may well be the most valid in most cases, but my amendment gets to the
point that the bill should not in absolute terms state that return to approximate original contour is a
requirement, the only requirement, with validity in each and every case.
S7867 My amendment proposes a variance procedure from this absolute requirement. The
amendment sets our strict procedures that must be followed together with the specifications for post
mining use. Local planning agencies are brought into the process in the determination that the
variance would result in equal or better post mining uses than would return to approximately
original contour. The amendment requires that permits must be reexamined within 3 years and the
development has to be proven to be proceeding in terms of the plan.
{S} 7868 Mr. President, I ask unanimous consent that my amendment be printed in the
RECORD.
S There being no objection, the amendment was ordered to be printed in the RECORD, as
follows:
S AMENDMENT No. 280
S On page 235, between lines 3 and 4, insert the following:
S "(d)(1) Each State program may and each Federal program shall include procedures pursuant to
which the regulatory authority may permit variances for the purposes set forth in paragraph (3) of
this subsection.
S "(2) Where an applicant meets the requirements of paragraphs (3) and (4) of this subsection a
variance from the requirement to restore to approximate original contour set forth in subsection
415(b)(3) or 415(c)(2) of this section may be granted for the surface mining of coal where the owner
of the surface requests in writing, as a part of the permit application, that such a variance be granted
so as to render the land, after reclamation, suitable for an agricultural, industrial, commercial,
residential, or public use (including recreational facilities) in accord with the further provisions of
(3) and (4) of this subsection.
S "(3)(A) after consultation with the appropriate land use planning agencies, if any, the potential
use of the affected land is deemed to constitute an equal or better economic or public use, and "(B)
designed by a registered professional engineer in conformance with professional standards
established to assure the stability, drainage, and configuration necessary for the intended use of the
site.
S "(4) In granting a variance pursuan tto this subsection the regulatory authority shall require that
all other requirements of this Act will be met.
S "(5) The requlatory authority shall promulgate specific regulations to goven the granting of
variances in accord with the provisions of this subsection, and may impose such additional
requirements as he deems to be necessary.
S "(6) All exceptions granted under the provisions of this subsection shall be reviewed not more
than three years from the date of issuance of the permit, unless the permittee affirmatively
demonstrates that the proposed development is proceeding in accordance with the terms of the
approved schedule and reclamation plan."
S and on page 235, line 4, by renumbering "(d)" as "(e)"
S AMENDMENT NO. 281
S (Ordered to be printed and to lie on the table.)
S SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 - S. 7
S Mr. ABOUREZK. Mr. President, today I am submitting an amendment to S. 7 which would
conform the Senate bill with the House bill by clarifying that surface owner consent provisions of S.
7 do not apply to Indian lands. This provison was adopted by consent on the floor in the House. It
would guarantee that Indian tribes would not be prevented from having access to the coal underlying
land whose surface rights are owned by non-Indians. Denial of such access by a surface owner
would violate the trust agreements by which Indian tribes were guaranteed subsurface rights by the
Federal Government. The rights of surface owners in these cases would be governed by applicable
local laws.
S I ask unanimous consent that the text of the amendment be printed in the RECORD.
S There beign no objection, the amendment was ordered to be printed in the RECORD, as
follows:
S AMENDMENT No. 281
S On page 305, delete lines 19-21 and insert a new section 515(f) to read: "This section shall not
apply to Indian lands."
S AMENDMENT NO. 282
S (Ordered to be printed and to ie on the table.)
S Mr. HART submitted an amendment intended to be proposed by him to the bill (S. 7), supra.
S AMENDMENTS NOS. 287 AND 288
S (Ordered to be printed and to lie on the table.)
S Mr. DOMENICI submitted two amendments intended to be proposed by him to the bill (S. 7),
supra.
S AMENDMENT NO. 289
S (Ordered to be printed and to lie on the table.)
S Mr. HEINZ. Mr. Rpesident, I intend to offer an amendment to S. 7, with my distinguished
colleague from West Virginia, Senator JENNINGS RANDOLPH. This amendment will permit the
establishment of a Coal Research Institute in each State with an interest in this matter. I ask
unanimous consent that the amendment be printed in the RECORD.
S There being no obection, the amendment was ordered to be printed in the RECORD, as follows:
S AMENDMENT No. 289
S After Section 515 ending on page 305, line 24, insert the following new title:
S TITLE VI-STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSTITUTES
S AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES
S SEC. 601. (a) There are authorized to be appropriated to the Secretary of the Interior sums
adequate to provide for each participating State $200,000 for fiscal year 1978, $3 00,000 for fiscal
year 1979, and $4 00,000 for each fiscal year thereafter for five years, to assist the States in carrying
on the work of a competent and qualified coal mining and coal resources and research institute, or
center (hereinafter referred to as "institute") at one public college or university in the State which has
in existence at the time of enactment of this title a school of mines, or division, or department
conducting a program of substantial instruction and research in coal mining and coal preparation
and related research or which establsihes such a school of mines, or division, or department
subsequent to the enactment of this title and which school of mines, or division or department shall
have been in existence for at least two years. The Advisory Committee on Coal Mining and Coal
Resources and Research, as created by this title, shall determine a college or university to have an
eligible school of mines, or division, or department conductng a program of substantial instruction
and research in coal mining, coal preparation and related research wherein education and research in
these engineering fields are being carried out and wherein at least four full-time permanent faculty
members are employed: Provided, That -
S (1) such moneys when appropriated shall be made available to match, on a dollar-for-dollar
basis, non-Federal funds which shall be at least equal to the Federal share to support the institute;
S (2) if there is more than one such eligible college or university in a State, funds under this title
shall, in the absence of a designation to the contrary by act of the legislature of the State, be paid to
one such college or university designated by the Governor of the State;
S (3) where a State does not havea public college or university with an elgibiel school of mines, or
division, or department conducting a program of substantial instruction and research in coal mining,
coal preparation and related areas, said advisory committee may alalocate the State's allotment to
one private college or university which it determines to have an elgible school of mines, or division,
or department as provided herein.
S (b) It shall be the duty of each such institute to plan and conduct and/or arrangement for a
component or components of the college or university with which it is affiliated to conduct
competent research, investigations, demonstrations, and experiments of either a basic or practical
nature, or bothin relation to coal mining, coal preparation (including anthracite) and to provide for
the training of engineers and scientists through such research, investigations, demonstrations, and
experiments. Such research, investigations, demonstrations, experiments, and training may include,
without being limited to; exploration; the extraction; processing; development; production of coal
resources; coal mining and preparation technology; supply and demand for coal; conservation and
best use of available supplies fo coal; the economic, legal, social, engineering, recreational,
biological, geographic, ecological, health and safety, and other aspects of coal mining, coal
preparation, and mineral reclmation from coals, having due regard to the interrelation on the natural
environment, the varying conditions and needs of the respective States, to coal mining and coal
preparation research projects being conducted by agencies of the Federal and State governments, and
other institutes.
S RESEARCH FUNDS TO INSTITUTES
S SEC. 602. (a) There is authorized to be appropriated annually for seven years to the Secretary
of the Interior the sum of $15,000,000 in fiscal year 1978, said sum increased by $2 ,000,000 each
fiscal year thereafter for six years, which shall remain available until expended. Such moneys when
appropriated shall be made available to institutes to meet the necessary expenses for purposes of:
S (1) specific coal mining, coal preparation and related research and demonstration projects of
industrywide application, which could not otherwise be undertaken, including the expenses of
planning and coordinating regional coal mining, coal preparation and related research projects by
two or more institutes, and
S (2) research into any aspects of coal mining, coal preparation and related problems related to the
mission of the Departmet of the Interior, which may be deemed desirable and are not otherwise
being studied.
S (b) Each application for a grant pursuant to subsection (a) of this section shall, among other
things, state the nature of the project to be undertaken, the period during which it will be pursued,
the qualifications of the personnel who will direct and condut it, the estimted costs, the importance of
the project to the Nation, region, or State concerned, and its relation to other known research
projects theretofore pursued or being pursued, and the extent to which it will provide opportunity for
the training of coal mining, coal prepration engineers and scientists, and the extent of participation
by nongovernmental sources in the project.
{S} 7869 (c) The Secretary shall, insofar as it is practicable, utilize the facilities of institutes
designated in section 301 of this title to perform such special research, authorized by this section,
and shall select the institutes for the performance of such special research on the basis of the
qualifications without regard to race or sex of the personnel who will conduct and direct it, and on
the basis of the facilities avalable in relation to the particular needs of the research project, special
geographic, geologic, or climatic conditions within the immediate vicinity of the institute in relation
to any special requirements of the research projects, and the extent to which it will provide
opportunity for training individuals as mining engineers and scientists. The Secretry may designate
and utilize such portions of the funds authorized to be appropriated by this section as he deemds
apprpriate for the purpose of providing scholarships, graduate fellowships, and postdoctoral
fellowships.
S (d) No grant shall be made under subsection (a) of this section except for a project approved by
the Secretary of the Interior and all grants shall be made upon the basis of merit of the project, the
need for the knowledge which it is expected to produce when completed, and the opportunity it
provides for the training of individuals as mining engineers and scientists.
S (e) No portion of any grant under this section shall be applied to the acquisition by purchase or
lease fo any land or interests therein or the rental, purchase, construction, preservation, or repair of
any building.
S FUNDING CRITERIA
S SEC. 603. (a) Sums available to institutes under the terms of sections 301 and 302 of this title
shall be paid at such times and in such amounts during each fiscal year as determined by the
Secretary, and upon vouchers approved by him. Each institute shall set forth its plan to provide for
the training of individuals as mining engineers and scientists under a curriculum appropriate to the
field of coal mining and coal preparation engineering and related fields; set forth policies and
procedures which assure that Federal funds made available under this title for any fiscal year will
supplement and, to the extent practicable, increase the level of funds that would, in the absence of
such Federal funds, be made available for purposes of this title, and in no case supplant such funds;
have an officer appointed by its governing authority ho shall receive and account for all funds paid
under the provisions of this title and shall make an annual report to the Secretary on or before the
first day of September of each year, on work accomplished and the status of projects underway,
together with a detailed statement of the amaounts received under any provisions of this title during
the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary. If any
of the moneys received by the authorized receiving officer of any institute under the provisions of
this title shall by any action or contingency be found by the Secretary to have been improperly
diminished, lost, or misapplied, it shall be replaced by the State concerned and until so replaced no
subsequent appropriation shall be allotted or paid to any institue of such State.
S (b) Moneys appropirated pursuan tto this title shall be available for expenses for research,
investigations, experiments, and training conducted under authority of this title. The instiutes are
hereby authorized and encouraged to plan and conduct programs under this titl ein cooperation with
each other and with such ther agencies and individuals as may contribute to the solution of the coal
mining, coal preparation and realted problems involved, and moneys appropriated pursuant to this
title shall be available for paying the necessary expenses of planning, coordinating, and conduting
such cooperative research.
S DUTIES OF THE SECRETARY
S SEC. 604. (a) The Secretary of the Interior is hereby charged with the responsibility for the
proper administration of this title and, after full consultation with other interested Federal agencies,
shall prescribe such rules and regulations as may be necessary to carry out its provisions. The
Secretary shall furnish such advice and assistance as will best promote the purposes of this title,
participate in coordinating research initiated under this title by the institutes, indicate to them such
lines of inquiry as to him see most important, and encourage and assist in the establishment and
maintenance of cooperation by and between the institutes and between them and other research
organizations, the United States Department of the Interior, and other Ederal establishments.
S (b) On or before the 1st day of July in each year after the passage of this title, the Secretary shall
ascertain whether the requirements of section 303(a) have been met as to each institute and State.
S (C) The Secretary shall make an annual report to the Congress of the an annual penditures, and
work of the institutes in all States under the provisions of this title. The Secretary's report shall
indicate whether any portion of an appropriation avalable for allotment to any State has been
withheld and, if so, the reasons therefor.
S AUTONOMY
S SEC. 605. Nothing in this title shall be construed to impair or modify the legal relationship
existing between any of the colleges or universities under whose direction an institute is established
and the government of the State in which it is located, and nothing in this title shall in any way be
construed to authorize Federal control or direction of eduation at any college or university.
S MISCELLANEOUS PROVISIONS
S SEC. 606. (a) The Secretary of the Interior shall obtain the continuing advice and co-operation
of all agencies of the Federal Government concerned with coal mining and coal resources and
related research of State and local governments, and of private institutions and individuals to assure
that the programs authorized in this title will supplement and not duplicate establsihed coal mining,
coal preparation and related research programs, to stimulate research in otherwise neglected areas,
and to contribute to a comprehensive nationwide program of coal mining, coal preparation and
related research, having due regard for the protection and conservation of the environment. The
Secretary shall make generally available information and reports on projects completed, in progress,
or planned under the provisions of this title, in addition to any direct publication of information by
the institutes themselves.
S (b) Nothing in this title is intended to give or shall be construed as giving the Secretary of the
Interior anay authority over coal mining, coal preparation and related research conducted by any
othe ragency of the Federal Government, or as repealing, superseding, or diminishing existing
authorities or responsibilities of any agency of the Federal Government to plan and conduct, contract
for, or assist in research in its area of responsibility and concern with coal mining, coal preparation
and related research.
S (c) Contracts or other arrangements for coal mining, coal preparation and related research work
authorized under this title with an institute, educational institution, or nonprofit organization may be
undertaken without regard to the provisins of section 3684 of the Revised Statutes (1 U.S.C. 529)
when, in the judgment of the Secretary of the Interior, advance payments of initial expense are
necessary to facilitate such work: Provided, That authority to make payments under this subsection
shall be effective only to such extent or in such amounts as are provided in advance by appropriation
Acts.
S (d) No research, demonstration, or experiment shall be carried out under this Act by an institute
financed by grants under this Act, unles all uses, products, processes, patents, and other
developments resulting therefrom, with such exception or limitation, if any, as the Secretary may
find necessary in the public interest, be available promptly to the general public. Nothing contained
in this section shall deprive the owner of any background patent relating to any such activities of any
rights which that owner may have uner that patent. There are authorized to be appropirated such
sums as are necessary for the printing and publishing of the results of activities carried out by
institutes under the provisions of this Act and for administrative planning and direction, but such
appropriations shall not exceed $1,000,000 in any fiscal year: Provided, That no new budget
autority is authoried to be appropirated for fiscal year 1977.
S CENTER FOR CATALOGING
S SEC. 607. The Secretary shall establish a center for cataloging current and projected scientific
research in all fields of coal mining and coal preparation Each Federal agency doing coal mining,
cool preparation and related research shall cooperate by providing the cataloging center with
information on work underway or scheduled by it. The cataloging center shall classify and maintain
for pblic use a catalog of coal mining, coal preparation and related research and investigation
projects in progress or scheduled by all Federal agencies and y such non-Federal agencies of
Government, colleges, universities, private institutions, firms and individuals as may make such
information available.
S INTERAGENCY COOPERATION
S SEC. 608. The President shall, by such means as he deems appropriate, clarify agency
responsibility for Federal coal mining and coal preparation and related research and provide for
interagency coordination of such research, including the research authorized by this title. Such
coordination shall include -
S (a) Continuing review of the adequacy of the Government-wide program in coal mining, coal
preparation and related research;
S (b) identification and elimination of duplication and overlap between two or more agency
programs;
S (c) identification of technical needs in various coal mining, coal preparation and related
research categories;
S (d) recommendations with respect to allocation of technical effort among Federal agencies;
S (e) review of technical manpower needs and findings concerning management policies to
improve the quality of the Government-wide research effort; and
S (f) actions to facilitate interagency communication at management levels.
S ADVISORY COMMITTEE
S SEC. 609. (a) The Secretary of the Interior shall appoint an Advisory Committee on Coal
Mining and Coal Resources and Research composed of -
S (1) the Director, Bureau of Mines, or his delegate, with his consent;
S (2) the Director of the National Science Foundation, or his delegate, with his consent;
S (3) the President, National Academy of Sciences, or his delegate, with his consent;
S (4) the President, National Academy of Engineering, or his delegate, with his consent;
S (5) the Director, United States Geological Survey, or his delegate, with his consent; and
S (6) not more than four other persons who are knowledgeable in the fields of coal mining, and
coal preparation and related research, at least one of whom shall be a representative of working coal
miners.
{S7870} (b) The Secretary shall designate the Chairman of the Advisory Committee. The
Advisory Committee shall consult with, and make recommendations to, the Secretary of the Interior
on all matters involving or relating to coal mining, coal preparation and related research and such
determinations as provided in this title. The Secretary of the Interior shall consult with, and consider
recommendations of, such Committee in the conduct of coal mining, coal preparation and related
research and the making of any grant under this title.
S7870 (c) Advisory Committee members, other than officiers, or employees of Federal, State, or
local governments, shall be, for each day (including traveltime) during which they are performing
committee business, entitled to receive compensation at a rate fixed by the Secretary, but not in
excess of the maximum rate of pay for grade GS-18 as provided in the General Schedule under
section 5332 of title 5 of the United States Code, and shall, notwithstanding the limitations of
sections 5703 and 5704 of title 5, United States Code, be fully reimbursed for travel, subsistence,
and related expenses.
S7870 AMENDMENT NO. 291
S7870 (Ordered to be printed and to lie on the table.)
S7870 Mr. CULVER (for himself, Mr. PERCY, Mr. ABOUREZK, Mr. HUMPHREY, Mr.
BUMPERS, Mr. ANDERSON, and Mr. LEAHY) submitted an amendment intended to be proposed
by them jointly to the bill (S. 7) supra.
S7870 Mr. CULVER. Mr. President, the Surface Mining Control and Reclamation Act of 1977
will be before the Senate in the near future. I strongly support the principles contained in this act
and commend highly the dedicated effort that has gone into its development. I commend
particularly, my colleague from Montana (Mr. METCALF) for his enduring commitment to this
essential legislation.
S7870 There are many specific areas of concern that have arisen during the time that this issue
has been before the Congress. Among these is the need to protect prime agricultural lands subject to
surface mining so that those lands will be available to future generations at their full productive
capacity. In order to help meet this need Senator PERCY and I, together with several others of our
colleagues, intend to offer an amendment to the Surface Mining Control and Reclamation Act of
1977 designed to strengthen the provisions of this act, as they relate to prime farmland.
S7870 Briefly, our amendment would require that an applicant for a new permit to carry out
surface mining on prime farmland demonstrate, to the satisfaction of the regulatory authority in the
State, that land can be resored to its full premining potential in agricultural production. In addition,
the amendment directs the Secretary of Agriculture to carry out such research and studies as are
necessary to determine the broader impact of surface mining on agricultural production. The
Secretary is also directed to conduct research and experimentation aimed at edeveloping more
efficient and more effective methods of reclaiming farmland subsequent to mining.
S7870 While the current language of S. 7 provides substantial protections along the lines I have
outlined, we feel that this amendment is needed to assure that the standard by which reclamation
plans on prime farmland are judged is the applicant's ability and intent to restore the full agricultural
potential of the land. The current language contains no requirement that these plans show intent to
restore prime farmland to its former agricultural capability. In addition, the bill contains no
reference to prime farmlands and the special considerations that these vital lands demand.
S7870 Prime agricultural land is one of our Nation's greatest natural resources. The permanent
loss of this highly productive land severely undermines our future food production potential and
places greater pressures on our remaining agricultural resources. The rapid increases in the prices of
land, equipment, and fertilizer in recent years give us some indication of what that increased
pressure means in real terms.
S7870 I ask unanimous consent that a copy of the amendment, a copy of the definition of "prime
farmland" used by the Department of Agriculture, and a table prepared by the Office of
Management and Budget containing data of the location of our coal resources and potentially
strippable prime farmland be printed in the RECORD.
S7870 There being no objection, the material was ordered to be printed in the RECORD, as
follows:
S7870 AMENDMENT NO. 291
S7870 On page 208, between lines 21 and 22, insert the following:
S7870 (d) (1) Except to the extent otherwise provided for in paragraphs (2) and (3) of this
subsection, upon enactment of this Act, no application for a permit or revision or renewal thereof
shall be approved pursuant to this section unless the applicant demonstrates to the appropriate
regulatory authority that prime farmland does not comprise more than 10 per centum of the surface
area to be distributed pursuant to such applicant's mining plan. Such demonstration shall be based
upon soil maps and data verified for accuracy by the Secretary of Agriculture.
S7870 (2) Nothing in this subsection shall apply to any permit issued prior to April 1, 1977, or to
any revisions or renewals thereof.
S7870 (3) The appropriate regulatory authority may, after cnsultation with the Secretary of
Agriculture, and pursuant to regulations hereunder by the Secretary of the Interior with the
concurrence of the Secretary of Agriculture, grant a variance from paragraph (1) of this subsection if
the operator demonstrates and the regulatory authority finds, on the basis of data relating to prime
farmland comparable to those covered by the permit application, that the applicant can restore the
land affected to a condition at least fully capable of supporting the uses which it was capable of
supporting prior to any mining.
S7870 (4) As soon as is practicable following the date of the enactment of this Act, but in no
event later than twelve months following such date, the Secretary of Agriculture shall commence
such research, experimentation and studies as are necessary to determine the impact of surface
mining operations on agricultural production including the impact on agricultural lands both
directly and indirectly affected by such mining and the most effective and efficient procedures for
restoring the productive capacity of prime farmlands subsequent to any mining and based thereon,
make appropriate recommendations to the Congress and the President within four years after the
date of enactment of this Act.
S7870 On page 291, line 3, strike out the period and insert in lieu thereof a semicolon.
S7870 On page 291, between lines 3 and 4, insert the following:
S7870 (30) the term "prime farmland" shall have the same meaning as that previously prescribed,
or hereafter modified, by the Secretary of Agriculture on the basis of such factors as moisture
availability, temperature regime, chemical balance, permeability, surface layer composition,
susceptibility to flooding, and erosion characteristics, and as published in the Federal Register.
S7870 Prime farmland meets the following criteria:
S7870 1. The soils have an adequate moisture supply. Included are:
S7870 (a) Soils having aquic or udic moisture regimes. These soils commonly are in humid or
subhumid climates that have well distributed rainfall or have enough rain in summer that the
amount of stored moisture plus rainfall is approximately equal to or exceeds the amount of potential
evapotranspiration. Water moves through the soil at some time in most years.
S7870 (b) Soils having xeric or ustic moisture regimes and in which the available water capacity
is great enough to provide adequate moisture for the commonly grown crops in 7 or more years out
of 10.
S7870 (c) Soils having aridic or torric moisture regimes and the area has a developed irrigation
water supply that is dependable and of adequate quality. Also included are soils having xeric or ustic
moisture regimes in which the available water capacity is limited but the area has a developed
irrigation water supply that is dependable and of adequate quality. Counties in which there are soils
having these moisture regimes need to be surveyed to determine the areas in which a dependable
water supply of adequate quality has been developed.
S7870 (d) Soils having sufficient available water capacity within a depth of 40 inches (1 meter),
or in the root zone if the root zone is less than 40 inches deep, to produce the commonly grown crops
in 7 or more years out of 10.
S7870 A dependable water supply is one in which enough water is available for irrigation in 8 out
of 10 years for the crops commonly grown.
S7870 2. The soils have a soil temperature regime that is frigid, mesic, thermic, or hyperthermic
(pergelic and cryic regimes are excluded). These are soils that, at a depth of 20 inches (50 cm), have
a mean annual temperature higher than 32 degrees F (0 degrees C). In addition, the mean summer
temperature at this depth in soils with an 0 horizon is higher than 47 degrees F (8 degrees C); in soils
that have no 0 horizon the mean summer temperature is higher than 59 degrees F (15 degrees C).
S7870 3. The soils have a pH between 4.5 and 8.4 in all horizons within a depth of 40 inches (1
meter) or in the root zone if the root zone is less than 40 inches deep. This range of pH is favorable
for prowing a wide variety of crops without adding large amounts of amendments.
S7870 4. The soils have no water table or a water table that is maintained at a sufficient depth
during the cropping season to allow food, feed, fiber, forage, oilseed crops common to the area to be
grown.
S7870 5. The soils can be managed so that, in all horizons within a depth of 40 inches (1 meter)
or in the root zone if the root zone in less than 40 inches deep, during part of each year the
conductivity of saturation extract is less than 4 mmhos/cm and the exchangeable sodium percentage
(ESP) is less than 16.
S7870 6. The soils are not flooded frequently during the growing season (less often than once in
2 years).
S7870 7. The soils have a product of K (erodibility factor) X percent slope of less than 20 and a
product of I (soil erodibility) X C (cilmatic factor) not exceeding 60. That is prime farmland does
not include soils having a serious erosion hazard.
{S7871} } 8. The soils have a permeability rate of at least 0.06 inches (0.15 cm) per hour in the
upper 20 inches (50 cm) and the mean annual soil temperature at a depth of 20 inches (50 cm) is
less than 57 degrees F (14 degrees C); permeability rate is not a limiting factor if the mean annual
soil temperature is 57 degrees F (14 degrees C) or higher.
S7871 9. Less than 10 percent of the surface layer in these soils consists of rock fragments
coarser than 3 inches (7.6 cm). These soils present no particular difficulty in cultivating with large
equipment.
____________________________________________________________________________
____
*6*STRIPPABLE
COAL AND
PRIME
FARMLAND
Other available coal
reserves (millions of
Strippable coal counties tons)
Prime
farmlands
potentially
Total acres Percent impacted by
of prime prime stripping n1 Strip coal Deep-mine
farmland n1 farmland n1 (thousands on Nonprime coal
(thousands) (average) of acres) land n1, n2 reserves n3
Alabama (10
counties) 1,700 27 459.0 129 1,798
Indiana (16
counties) 1,600 46 736.0 937 8,948
Illinois (43
counties) 9,400 63 5,922.0 4,838 53,441
Kentucky (38
counties) 1,100 23 253.0 5,741 18,185
Haryland (1
county) 50 13 6.0 86 901
Ohio (24
counties) 1,000 15 150.0 3,057 17,423
Pennsylvania
(22 counties) 1,500 17 255.0 854 22,788
Tennessee (17
counties) 500 11 55.0 282 667
Virginia (4
counties) 20 2 .4 755 2,833
West Virginia
(37 counties) 500 5 25.0 1,575 34,377
Missouri (13
counties) 2,000 37 740.0 1,733 6,073
North Dakota
(20 counties) 7,700 43 3,311.0 10,328 N.A.
Montana (5
counties) n4 700 7 49.0 34,668 65,834
Wyoming (7
counties) n4 200 2 4.0 22,030 29,490
____________________________________________________________________________
____
S7871 n1 Data derived from "Report of the Interagency Task Force on the Issue of a Moratorium
or a Ban on Mining in Prime Agricultural Lands," prepared by the Office of Management and
Budget, Soil Conservation Service, Bureau of Mines, Federal Energy Administration, and the
Environmental Protection Agency, February 1977.
S7871 n2 "Impact Of Proposed Moratorium On Surface Coal Production," R. Neil Sampson, Soil
Conservation Service, Apr. 26, 1977.
S7871 n3 U.S. Bureau of Mines.
S7871 n4 Prime lands in these States coincide largely with alluvial valley floors.
S7871 PROTECTING OUR PRIME FARMLANDS WITHOUT HALTING COAL
PRODUCTION
S7871 Mr. PERCY. Mr. President, Senator CULVER and I will present an amendment to S. 7,
the strip-mining regulation bill, which is designed to provide uniform standards of protection for
prime farmlands without eliminating the possibility for surface mining on such lands. A substantial
number of Senators will cosponsor this amendment and their names will be added to the amendment
tomorrow. I would like to answer, at this time, several of the most frequently asked questions about
this amendment:
S7871 First, how much farmland and how much coal production is affected by this amendment?
OMB estimates that, at most, 1.3 percent of our total coal production forecast for 1978 might be
affected by this amendment, which provides that new permits for stripping prime farmlands could be
granted by State authorities only when the applicant showed that the land would be restored to its
original productivity. If every applicant proves this to the satisfaction of State authorities, there will
be no loss of potential coal production at all. The coal companies claim that they can demonstrate
that they can return the land to full productivity. This amendment does not place any unreasonable
burden on them. And it does not apply to mining operations for which permits were granted before
April 1, 1977.
S7871 The same OMB study shows that 12 million acres of prime farmland in 14 major
agricultural States are potentially affected by strip mining, because they are underlain by strippable
coal reserves. These 12 million acres are a substantial share of the 28 million acres of prime land in
these 14 States.
S7871 However, I might add that strip mining is only one of several ways in which our prime
farmlands are being encroached upon. Urbanization takes a far higher annual toll of farmland than
strip mining. Indeed, the coal reserves of this country are so vast - and the fraction occurring under
prime farmland is so relatively small - we are really talking about a phenomenon that is confined to
only a few of our States. But for these few States, it is a most important problem.
S7871 Does the amendment reconcile the legitimate concern of protecting prime farmlands with
the legitimate need to increase coal production? I believe it does. It requires operators to
demonstrate that they can and will restore the land to full productivity after stripping. If no one can
meet this test - an unlikely prospect - we stand to lower coal production by at most 1.3 percent,
unless there is offsetting production on nonprime land. This is not an unreasonable cost to pay for
protecting our prime lands.
S7871 Does the amendment provide a workable definition of "prime farmlands"? Again, I believe
the answer is yes. It uses the definition that has been in use for some time by the Soil Conservation
Service, and this is an extremely detailed and precise statement. The Senator from Iowa has placed
the full text of the SCS definition in the record.
S7871 Finally, does this amendment constitute a "moratorium" on stripping prime agricultural
lands? Clearly, it does not.Some elements of our amendment were proposed several months ago by
the Secretary of the Interior, and were described by him as a "moratorium." But this term was
inaccurate. The administration proposal provided for case-by-case variances for new permits - and
grandfathered all existing permits for stripping prime farmlands. We have retained the case-by-case
variance procedure and the grandfather clause. But we have eliminated all reference to a
"moratorium," and we have written our amendment very carefully to indicate that we accept the coal
companies' own contention that they can restore prime farmlands to full productivity. What we
require is that they demonstrate - to the satisfaction of State regulatory authorities - that they can and
will do so before receiving any new permits. Although our amendment also provides for a detailed
study of restoring prime farmlands after stripping, this is not intended to inhibit State authorities
from granting new permits until the study is completed.
{S7890} Mr. METCALF. Mr. President, we are about to move S. 7, the Surface Mining
Control and Reclamation Act of 1977, into the final stage of its long and tortuous journey to
enactment. S. 7 has been reported out by the Energy and Natural Resources Committee, and I
confidently expect that when it shortly comes before the Senate for debate, my colleagues will join in
moving it to passage with all deliberate speed.
S7890 I have said it before and I now say it again: The Federal legilsation embodied in S. 7 is
long overdue. Until Congress establsihes a uniform system of minimum environmental protection
performance standards for the mining of all coal, whether that coal is private, State, coal, whether
that coal is private, State, Indian, or federally owned, this administration will find it next to
impossible to implement a national energy policy.
S7890 We all know coal is the kingpin of that policy. S. 7 will enable our coal industry to
proceed under an equitable set of guidelines to develo the capital and the technology necessary for
boosting the annual rate of production by two-thirds within the time period proposed by President
Carter.
S7890 Over the years, opponents of S. 7 have made many unfounded charges in their attempts to
confuse and delay the progress of this bill. Of all those charges, the strangest is the idea that the
States are now doing an adequate job of enforcing reclamation standards which are equal to or better
than the standards in S. 7, and consequently - so runs the argument - Congress should rely on State
regulatory authorities to carry on with only token Federal oversight.
S7890 In order to put this theory to the test, when it surfaced near the end of the last Congress -
following the unsuccessful attempt to override President Ford's veto of H.R. 25, the predecessor bill -
ti had a questionnaire prepared. This questionnaire was sent to each of the States together with a
copy of the reclamation standards contained in the bill. I asked each State regulatory authority to
make its own assessment of the relative stringency of its laws and regulations vis-a-vis the
reclamation standards in the Federal bill. In addition, I requested information about the enforcement
capability of the State.
S7890 The results of this survey show conclusively that a very wide discrepancy exists among the
States on both accounts. Some States have laws which are every bit as tough - if not toughter - than
those of S. 7. Many States have well-trained, well-paid inspectors and a superior enforcement
capability.
S7890 But clearly there are other States which are woefully deficient.
S7890 Even when a State may have taken steps to bring its laws into closer compliance with the
Federal standards of the bill, it oftenlacks many of the essential supporting legal provisions. For
example, it may not require performance bonds set high enough to enable adequate reclamation of
the mined site, if the operator should renege on his legal responsibility for reclamation and the Sate
has to pay to have the job done right.
S7890 It makes no sense whatsoever to give these States another 7 years or longer to come into
full compliance with the requirements of the Federal bill. Yet, this is what proponents of the
so-called exclusive State jurisdiction amendment would have us do. It makes absolutely no sense to
jettison the entire administrative, appeals, citizen participation, inspection, and other essential
enforcement mechanisms Congress has laboriously put together. Yet this is just what this
amendment would do. It would abolish the requirement that States wishing to exercise jurisdiction
must submit a comprehensive program for approval and supervision by the Secretary of the Interior.
S7890 To adopt htis disastrous amendment would be to cheat all those who look to Congress to
assure enforcement of fair but stringent reclamation standards within a reasonable time period. In
my view, this amendment amounts to an abdication of congressional responsibility.
S7890 Mr. President, I ask unanimous consent to have printed in the RECORD a summary of the
State-by-State survey of surface mining regulation which I have described, as prepared by the
Congressional Research Service. I urge support for the passage of S. 7, by all who share my belief
that it is time this National puts aside the wasteful years of uncertainty and strife regarding strip
mining, and buckles down to producing the coal we will need in ever-increasing quantity, coal
which must be dug from the Earth in an environmentally acceptable manner.
S7890 There being no objection, the summary was ordered to be printed in the RECORD, as
follows:
S7890 STATE SURFACE MINING LAWS: A SURVEY, A COMPARISON WITH THE
PROPOSED FEDERAL LEGISLATION, AND BACKGGRUOND INFORMATION
S7890 (By Duane A. Thompson and David M. Lindahl)
S7890 SUMMARY
S7890 The effectiveness of State regulation of surface mining, as indicated in responses to a
uestionnaire sent by the Senate Committee on Energy and Natural Resources, varies greatly from
State to State. The results from the survey suggest that most requirements of the State laws are far
less stringent than the proposed Federal regulations in H.R. 13950 would be. The survey also
indicates that the relative weakness of these laws is further compounded in many cases by extremely
lenient or even non-existent enforcement of the laws that do exist.
S7890 The usefulness of the Committee's survey is limited by the quality of the responses. which
were varied. Some States provided prompt and complete answers as requested. A large number of
states, however, including some that produce significant amounts of coal, made only token responses
to the Committee's effort to obtain an accurate determination of the existing extent of state control of
this problem. The coal mining industry has claimed that State laws are sufficient to prevent future
mining abuses; enviornmentalists and others dispute this claim. So, an accurate understanding of the
degree to which the States actually regulate surface mining appears essential to the resolution of the
issue of whether or not Federal controls are needed.
S7890 Some States expressed interest in formulating a workable surface mining control and
reclamation policy for the Federal Government and were grateful for the opportunity to provide
input to the legislative process. Much of the information which was forwarded by the states was too
complex to fit into the matrix and had to be footnoted for further explanation.
S7890 Some of the inforamtion requiring more detailed analysis was included in the text of the
report.
S7890 As shown in the matrices, virtually all of the states which have surface mining laws require
that mine operators first obtain permits before engaging in active mining. This concept appears
compatible with the requirements of the Federal bill, H.R. 13950 with which, the various states were
asked, by the Senate Energy and Natural Resources Committee through its surve, to compare their
respective laws. Even though the permit requirements are similr in most instances, procedures for
permits in H.R. 13950 are for the most part much more detailed than those of the states, the Ohio
law, being an exception. Ohio mining law is very similar to the Federal proposal and requires
detailed information from prospective mine operators.
{S7891} ABANDONED LANDS RECLAMATION PROGRAMS
S7891 Few of the states in the survey have implemented any programs of reclaiming land which
was mined prior to the passage of the State mining laws. Exceptions to this include Kentucky and
Virginia which have either directly appropriated money for such reclamation or have procured
money from other government agencies such as the TVA. Some of the other states have also
initiated programs to reclaim abandoned lands by using the proceeds from fines for noncompliance
or from permit application fees. Of the States that reported such programs, Kentucky had the largest
expenditures with approximately $1 .5 million designated for reclamation of abandoned lands. A
large percentage of the coal-producing states which admitted having problems with abandoned lands
also indicated that the largest percentage of thse lands either had been or were being left to be
reclaimed naturally.
S7891 MINE INSPECTORS
S7891 Mine inspection problems reported by the various states consisted of:
S7891 Inadequate number of mine inspectors for the number of mining operations under permit in
the state.
S7891 Inadequate professional training for surface mine inspectors.
S7891 Distance of the mine inspectors to the mines being inspected.
S7891 The inspection capabilities vary considerably from State to State. Some of the key
coal-mingin states such as Kentucky have ratios of one inspector for 75 coal mines. Others, which
are not major coal producers, such as Kansas, have only one inspector for the entire state. In this
instance, one individual is responsible for the regulation of the total of 97 surface mining operations
in the State. In Georgia the ratio is one inspector to 85 mines, and in Idaho one to 362.
Pennsylvania, one of the most important coal-producing States, replied that it had an
inspector-to-mine ratio of between one to 50 and one to 100. Ratios such as these usually require
inspectors to devote much less time to the inspection of each mine at the cost of the thoroughness of
the inspection.
S7891 For example, in the case of West Virginia, the law requires inspectors to inspect each mine
at least once every two weeks, with the ratio of mine inspectors to mines in West Virginia being
about one to 17.5, that law on the face of it could be hard to administer. An inspector has a difficult
time inspecting one mine a day. Given a five-day work week, an inspector in two weeks would have
to exert a rigorous effort to thoroughly review 10 mines; 17.5 mines would be that much more
difficult. Such high ratios may be the result of inadequate funding for mine inspection in the various
states; if true, the ratios could be alleviated by the implementation of Federal strip mine controls
with their associated appropriations for mine inspection. In any case, if the demands for coal
production projected by the FEA materialize between now and 1985, it is open to question whether
the present mine inspection personnel can assume the additional workload that will be generated by
the almost certain increase in the number of surface mines that will be opened.
S7891 Many State inspection officers have not had adequate training to detect reclamation
problems. A large number of these officials are not graduates of mining engineering programs and,
according to the States, lack training in other disciplines such as agronomy, forestry, hydrology, and
geology, which are vital to adequate reclamation efforts. It should be noted, however, that many of
the enforcement officers that lack the technical training or have degrees in liberal arts are older and
have been with the enforcement agencies for many years and thus have much experience. The
States, however, appear to be hiring young field inspectors with more substantial backgrounds in
environmental sciences and actual mining experience.
S7891 The location of mine inspectors near the mines which they are to inspect was also
perceived as a problem. Such close proximity could result in the initimidation of mine inspectors
and their families by uncooperative operators; in some cases, substandard wages of the mine
inspectors could make them susceptible to favors from the mining industry.
S7891 CITIZEN COMPLAINTS
S7891 Many State mining laws do not have adequate mechanisms for the filing, consideration,
and disposition of citizen complaints related to coal surface mining. This is evidenced by the
disproportionately small number of operations that were either halted or modified as a result of
citizen complaints. With the exception of Kentucky and West Virginia, very few of the major
coal-mining states conducted hearings arising from such complaints. Although many of the
opponents of the Federal bills have complained that the review and hearings procedures in the bills
would be an unnecessary hindrance, the State suggestion reveals that some improvements in the
present state systems could be mde. Of all of the States participating in the survey, Tennessee, South
Dakota, Montana, and Kentucky were the only ones which indicated tht a mining operation had
either halted or been modified as a result of a citizen complaint.
S7891 ENFORCEMENT
S7891 The survey also indicates that even when violations have been discovered a stte, fines
assessed were against the operators were small in size and in number. Kentucky, Montana, Ohio,
and Virginia were among the few States which have actully assessed fines against mine operators for
non-compliance with the law.One of the largest coal producers, West Virginia, indicated in the
survey that no fines or prison sentences had yet been imposed.
S7891 BONDING
S7891 The survey indicates that the most serious shortcoming of the state surface-mining laws
seems to be that of not requiring an adequate amount of performance bond to insure reclamation in
the event of forfeiture by the operator. Indiana, Virginia, Kentucky, Missouri, and Kansas reported
that the average amount of performance bond required of the mine operators would not cover
reclamation costs in the event that the State has to prform that reclamation itself or award a contract
to have the job done. In the case of Indiana, the State agency responded that it had not reclaimed
lands under forfeited bond because the costs exceeded the amount of the bond required of the
operator. Indiana indicated that the average amount of bond forfeited per acre under permit was $2
68.05. When the State accepted estimates for the reclamation of the land, however, it learned that
the reclamation cost could range between $2000 and $4000 per acre, leaving a shortfall between $1
700 and $3 700 per acre in the amount of performance bond. Not all of the coal-producing States
have seen this discrepancy develop.Illinois and Ohio are two States that require apparently adequate
amounts of performance bonds, in the $3 000/acre range; some of the other states require the
performance bond to be sufficient to reclaim the land, whatever the cost, by the state or by a third
party in the event of forfeiture by the operator. This is the same concept proposed by the H.R.
13950. In instances where the mining operation is carried on over a long period of time and where
contemporaneous reclamation is not required, it may be desirable to require a bond in an amount
sufficient to reclaim the affected areas at the end of the projected period for mining. The bond could
cover any increases in costs between the time the permit is granted and the actual reclamation is
started.
S7891 Regardless of the mechanisms used to require reclamation,a feature of the performance
bond which would give it more authority is that an amount to be set which is sufficient to motivate
the operators to completely reclaim the affected areas.The action of forfeiting performance bond in
all cases, therefore, should be less attractive alternative than incurring the cost of adequate
reclamation.
{S} 7898 In the RECORD of May 17, 1977, at page S7742, the text of Mr. ABOUREZK's
amendment No. 279, submitted in connection with the Surface Mining Control and Reclamation Act
of 1977 (S. 7), through inadvertence was not printed in the RECORD. In the permanent RECORD
the amendment will be printed following Mr. ABOUREZK's remarks on page S7743, as follows:
S On page 297, beginning with line 4, strike out all through line 9 on page 299, and renumber
succeeding sections accordingly.
S At the end of the bill, add the following new title:
S "TITLE VI - INDIAN LANDS
S "INDIAN LANDS PROGRAM
S "SEC. 601. Any Indian tribe on whole lands there are or may be conducted surface coal mining
operations may elect, in such manner as the Secretary may prescribe pursuant to section 603, to (1)
assume exclusive jurisdiction over the egulation of such coal mining operations and reclamation
operations pursuant to an approved Indian lands program, (2) have any such Indian lands program
administered by the Secretary, or (3) participate in the Indian lands study authorized by section 611
of this title. In no case, however, shall any election under clause (1) or (2) be construed as
precluding that tribe's participation in such study pursuant to section 611.
S "GRANTS TO TRIBES
S "SEC. 602.(a) The Secretary is authorized to make annual grants directly to any Indian tribe for
the purpose of (1) assisting such tribe in developing, administering, and enforcing an Indian lands
program under this title, and (2) enabling such tribe to realize benefits from the development of its
coal resources while protecting the cultural values of the tribe and the physical environment of the
reservation, including land, timber, agricultural activities, surface and ground waters, and air
quality.
S "(b) Any Indian lands program developed by any Indian tribe shall meet all provisions of this
Act and where any provision of any tribal code, ordinance, or regulation in effect upon the date of
enactment of this Act, or which may become effective thereafter, provides for environmental controls
and regulations of surface coal mining and reclamation operations which are more stringent than the
provisions of this Act or any regulations issued pursuant thereto, such tribal code, ordinance, or
regulation shall not be construed to be inconsistent with this Act.
S "INDIAN LANDS ENVIRONMENTAL PROTECTION STANDARDS
S "SEC. 603. On or before the expiration of the one hundred and eighty day period following the
date of enactment of this Act, the Secretary shall promulgate and publish in the Federal Register
regulations covering a permanent regulatory procedure for surface coal mining and reclamation
operations on Indian lands setting mining and reclamation performance standards based on and
incorporating the provisions of title IV of this Act, and establishing procedures and requirements for
preparation, submission, and approval of Indian lands programs. Such regulations shall be
promulgated and published under the guidelines of section 401 of this Act.
S "APPROVAL OF PROGRAM
S "SEC. 604. (a) Each Indian tribe, on whose lands there are or may be surface coal mining
operations, which wishes to assume exclusive jurisdiction over the regulation of surface coal mining
and reclamation operations, except as provided in title III of this Act, shall submit to the Secretary,
on or before the expiration of the eighteen-month period following the date of the enactment of this
Act, an Indian lands program which demonstrates that such tribe has the capability of carrying out
the provisions of this Act and meeting its purposes.
S "(b) The Secretary shall approve or disapprove an Indian lands program, in whole or in part,
within six full calendar months after the date such program was submitted to him, except as
provided in section 506.
S "(c) If the Secretary disapproves an Indian lands program, in whole or in part, he shall notify the
tribe in writing of his decision and set forth in detail the reasons therefor. The tribe shall have sixty
days in which to resubmit a revised Indian lands program, or portion thereof. The Secretary shall
approve or disapprove the resubmitted program or portion thereof within sixty days from the date of
resubmission.
S "(d) For the purpose of this title, and section 606 of this Act, the inability of an Indian tribe to
take any action, the purpose of which is to prepare, submit, or enforce an Indian lands program, or
any portion thereof, because the action is enjioned by the issuance of an injunction by any court of
competent jurisdiction shall not result in a loss of eligibility for financial assistance under this Act,
or in the imposition of a Federal program. Regulations of the surface coal mining and reclamation
operations covered or to be covered by the Indian lands program subject to the injunction shall be
conducted by the Indian tribe pursuant to section 605 of this Act, until such time as the injunction
terminates or for one year, whichever is shorter, at which time the requirements of this section and
section 606 again shall be fully applicable.
S "(e) The Secretary shall not approve an Indian lands program submitted under this section until
he has -
S "(1) obtained the written concurrence of the Administrator of the Environmental Protection
Agency with respect to those aspects of an Indian lands program which relate to air or water quality
standards promulgated under the authority of the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1151-1175), and the Clean Air Act, as amended (42 U.S.C. 1857);
S "(2) held at least one public hearing on th Indian lands program for the enrolled members of the
tribe on its reservation;
S "(3) found that the Indian tribe has the legal authority, the qualified personnel, and sufficient
funding necessary for the enforcement of the environmental protection standards; and
S "(4) found that the Indian tribe has established a process for the designation of areas as
unsuitable for surface coal mining comparable to section 422 of this Act.
S "INITIAL REGULATORY PROCEDURES
S "SEC. 605. (a) No person shall open or develop any new or previously mined or abandoned
site for surface coal mining and reclamation operations on Indian lands after the date of enactment of
this Act unless such person is in compliance with existing Federal regulations governing surface coal
mining on Indian lands.
S "(b) Within six months after the date of enactment of this Act, the Secretary shall implement a
Federal enforcement program which shall remain in effect on those Indian lands on which there are
surface coal mining operations required to comply with the provisions of this Act, until an Indian
lands program has been approved pursuant to this Act or until a Federal program has been
implemented pursuant to this Act. The enforcement program shall be carried out pursuant to the
provisions of section 402(e) of this Act.
S "(c) All surface coal mining operations on Indian lands on which such operations are regulated
by existing Federal regulations which commence operations pursuant to a permit issued on or after
the date of enactment of this Act shall comply, and such permits shall contain terms requiring
compliance with, the provisions of subsections 415(b)(2), 415(b)(3), 415(b)(5), 415(b)(10),
415(b)(13), 415(b)(19), and 415(e) of this Act.
S "(d) On and after one hundred and thirty-five days from the date of enactment of this Act, all
surface coal mining operations on lands on which such operations are regulated by existing Federal
regulations which are in operation pursuant to a permit issued before the date of enactment of this
Act shall comply with the provisions of subsections 415(b)(2), 415(b)(3), 415(b)(5), 415(b)10),
415(b)(13), 415(b)(19), and 415(e) of this Act, with respect to lands from which overburden and the
coal seam being mined have not been removed.
S "(e) Following the final disapproval of an Indian lands program, and prior to the formulation of
a Federal program pursuant to this Act, including judicial review of such a program, existing surface
coal mining operations may continue pursuant to the provisions of this section.
S "FEDERAL PROGRAM
S "SEC. 606. (a)(1) The Secretary shall prepare and, subject to the provisions of this section,
promulgate and implement a Federal program for an Indian tribe which has received grants pursuant
to section 602 of this Act, if such tribe -
S "(A) fails to submit an Indian lands program covering surface coal mining and reclamation
operations by the end of the eighteen-month period beginning on the date of enactment of this Act;
S "(B) fails to resubmit an acceptalbe Indian lands program within sixty days of disapproval of a
proposed Indian lands program: Provided, That the Secretary shall not implement a Federal program
prior to the expiraion of the initial period allowed for submission of an Indian lands program as
provided for in cluase (A) of this subsection; or
S "(C) fails to implement, enforce, or maintain its approved Indian lands program as provided for
in this Act.
{S} } 7899 "(2) If tribal compliance with section 604 requires action on the part of the tribal
council or tribal legislature, the Secretary may extend the period for submission of an Indian lands
program up to an additional six months. Promulgation and implementation of a Federal program
vests the Secretary with exclusive jurisdiction for the regulation and control of surface coal mining
and reclamation oprations taking place on lands within any tribal reservation or upon tribal lands
not in compliance with this Act. After promulgation and implementation of a Federal program the
Secretary shall be the regulatory authority. In promulgating and implementing a Federal program
for a particular tribe, the Secretary shall take into consideration the nature of that Indian tribal
reservation's terrain, climate, biological, chemical, and other relevant physical conditions.
S "(b) At any time prior to the approval of an Indian lands program so submitted, or the approval
of a resubmitted program, an Indian tribe may elect to abandon its efforts to develop and administer
its Indian lands program. Such tribe shall immediately notify the Secretary of such a decision and
return the unused portion of the moneys granted it pursuant to section 602 of this Act. Upon
notification of such intent, the Secretary shall immediately assume exclusive jurisdiction for the
regulation and control of surface coal mining and reclamation operations taking place on lands
within the tribe's reservation pursuant to subsections (c) and (d) of section 605 of this Act.
S "(c) In the event that an Indian tribe has an Indian lands program for surface coal mining, and is
not enforcing any part of such program, the Secretary may provide for the Federal enforcement, in a
manner comparable to the provisions of section 421, of that part of the Indian lands program not
being enforced by such tribe.
S "(d) In any case in which an Indian lands program is replaced by a Federal program, permits
issued pursuant to such approved Indian lands program shall be valid but shall be reviewable under
such Federal program. Immediately following the promulgation of a Federal program, the Secretary
shall undertake to review such permits to determine that the requirements of this Act are not being
violated. If the Secretary determines that any permit has been granted contrary to the requiremens of
this Act he shall so advise the permittee and provide him a reasonable time to conform ongoing
surface coal mining and reclamation operations to the requirements of the Federal program.
S "(e) An Indian tribe, which has elected to have an approved Indian lands program, or has
received funds pursuant to section 602, and which has failed to obtain the approval of an Indian
lands program prior to the implementation of a Federal program in accordance with this title, may
submit an Indian lands program, at any time after such implementation, pursuant to section 604 of
this Act. Until an Indian lands program is approved as provided under this section, the Federal
program shall remain in effect and all actions taken by the Secretary pursuant to such Federal
program, including the terms and conditions of any permit issued thereunder, shall remain in effect:
Provided, That surface coal mining oprations upon lands of a tribe which has elected to abandon its
efforts to develop and administer a program in accordance with subsection (b) of this section, shall
be regulated pursuant to subsections (c) and (d) of section 605.
S "(f) In any case in which a Federal program is replaced by an approved Indian lands program,
permits issued pursuant to the Federal program shall be valid but reviewable under the approved
Indian lands program: Provided, That the Federal permittee shall have the right to apply for an
Indian lands program permit to supersede his Federal permit. The tribal regulatory authority may
review such permits to determine that the requirements of this Act and the approved Indian lands
program are not violated. If the tribal regulatory authority determines any permit to have been
granted contrary to the requirements of this Act, or the approved Indian lands program, he shall so
advise the permittee and provide him a reasonable opportunity for submission of a new application
and reasonable time to conform ongoing surface mining and reclamation operations to the
requirements of this Act or approved Indian lands program.
S "ADMINISTRATION BY THE SECRETARY
S "SEC. 607. At any time, a tribe may select to have its program administered by the Secretary.
Upon such a requet by a tribe, the Secretary shall immediately assume the responsibility for
administering the tribe's Indian lands program for that reservation.
S "PERSONNEL
S "SEC. 608. (a) Indian tribes are authorized to use the funds provided pursuant to section 602 of
this Act for the hiring of professional and tecnical personnel and, where appropriate, to allocate
funds to legitimately recognized organizations of the tribe that are pursuing the objectives of this
title, as well as hire special consultants, groups, or firms from the public and private sector, for the
purposes of developing, establishing, or implementing an Indian lands program.
S "AUTHORIZATION PRIORITY
S "SEC. 609. Of the funds made available under section 511(a) of this Act, first priority on $3
,000,000 for each of the fiscal years shall be for the purposes of this title.
S "REPORTS TO THE SECRETARY
S "SEC. 610. Any Indian tribe which is receiving or has received a grant pursuant to section 602
of this Act, shall report at the end of each fiscal year to the Secretary, in a manner prescribed by him,
on activities undertaken by the tribe pursuant to or under this title.
S "INDIAN LANDS STUDY
S "SEC. 611. (a) The Secretary is directed to assist the Indian tribes in a study of the regulation
of surface coal mining on Indian lands which will achieve the purposes of this Act and recognize the
special jurisdictional status of these lands. In carrying out this study, the Secretary shall give grants
to the Indian tribes whereby such tribes may contract qualified institutions, agencies, organizations,
and persons to assist in completing the study. The study report shall include recommended changes,
if any, in the provisions of the Indian lands program set forth in this Act which, if enacted, would
further achieve the purposes of this Act. Any Indian tribe on whose lands there are or may be
conducted surface coal mining operations, and any tribe that has received financial or technical
assistance to develop, administer, or enforce an Indian lands program pursuant to this title, may
participate in this study, receive grants pursuant to this section, and incorporate into an existing
Indian lands program, approved by the Secretary, any recommendations resulting from such study.
S "(b) The study report required by subsection (a) of this section, together with drafts of proposed
legislation and the view of each Indian tribe which would be affected, shall be submitted to the
Congress as soon as possible but not later than January 1, 1979.
S "(c) On and after thirty months from the date of enactment of this Act, all surface coal mining
operations on Indian lands shall comply with requirements at least as stringent as those imposed by
sections 407, 408, 409, 410, 412, 413, 414, 415, 417, 418, 419, 421, and 422 of this Act, and the
Secretary shall incorporate the requirements of such provisions in all existing and new leases issued
for coal on Indian lands.
S "(d) With respect to leases issued after the date of enactment of this Act, the Secretary shall
include and enforce, in such leases, such terms and conditions, in addition to those required by
section 605(c) and (d) and subsection (c) of this section, as may be requested by the Indian tribe.
S "(e) Any change required by section 605(c) and (d) and subsection (c) of this section in the
terms and conditions and any coal lease on Indian lands existing on the date of enactment of this Act,
shall require the approval of the Secretary.
S "(f) The Secretary shall provide for adequate participation by the various Indian tribes affected
in the study authorized in this section and not more than $7 00,000 of the funds made available for
such study shall be reserved for such purposes.".
S On page 301, line 22 strike out "508" and insert in lieu thereof "611".
{S7972} Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that following
the statements of the managers of the surface mining bill tomorrow, the distinguished Senator from
Alaska (Mr. STEVENS) be recognized to call up two amendments.
S7972 The PRESIDING OFFICER. Without objection, it is so ordered.
S7972 Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that following Mr.
STEVENS, Mr. JOHNSTON be recognized to call up four amendments.
S7972 The PRESIDING OFFICER. Without objection, it is so ordered.
S7972 Mr. STEVENS. Mr. President, I am willing to state now that I will accept a time
limitation of 30 minutes on each of my amendments, if it is agreeable with the manager of the bill,
but I agree we should not seek that at this time.
{S7979} Mr. ROBERT C. BYRD. I think Mr. JOHNSTON has indicated also that he would be
willing to accept a time limitation on each of his amendments of 1 hour, but I will not seek that this
evening.
S7979 Mr. President, I suggest the absence of a quorum.
S7979 The PRESIDING OFFICER. The clerk will call the roll.
S7979 The second assistant legislative clerk proceeded to call the roll.
S7979 Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that the order for the
quorum call be rescinded.
S7979 The PRESIDING OFFICER. Without objection, it is so ordered.
{S7979} The resolution (S.Res. 169) waiving section 402(a) of the Congressional Budget
Act of 1974 with respect to the consideration of S. 7, was considered, and agreed to, as follows:
S7979 S.RES. 169
S7979 Resolved, That pursuant to section 402(c) of the Congressional Budget Act of 1974, the
provisions of section 402(a) of such Act are waived with respect to the consideration of S. 7, a bill to
provide for the cooperation between the Secretary of the Interior and the States with respect to the
regulation of surface mining operations, and the acquisition and reclamation of abandoned mines
and for other purposes. Such waiver is necessary to allow for authorization of fiscal year 1977
funds for use by the Secretary of the Interior to assist State regulatory agencies to improve their
enforcement capabilities in line with the requirements of the interim implementation program
established in the Act.
S7979 Mr. ROBERT C. BYRD. Mr. President, I move to reconsider the vote by which the
resolution was agreed to.
S7979 Mr. STEVENS. I move to lay that motion on the table.
S7979 The motion to lay on the table was agreed to.
{S7893} Mr. JACKSON. Mr. President, the Senate is about to consider S. 7, the Surface
Mining Control and Reclamation Act of 1977.
S7893 Amendment No. 278 - the Coal Pipeline Act of 1977 - would add to the bill a new title 6
which would be identical to S. 707. S. 707 was referred jointly to the Committee on Energy and
Natural Resources and the Committee on Commerce, Science, and Transportation. No hearings
have been held on it. A related bill, S. 1492, the Coal Transportation Act of 1977 is pending before
the Committee on Commerce, Science, and Transportation. The chairman and ranking minority
member of that committee have written me a letter opposing amendment No. 278. I ask unanimous
consent that this letter be printed in the RECORD, together with a letter which I have received from
Andrew J. Biemiller, director, Department of Legislation, AFL-CIO, which strongly supports
enactment of S. 7.
S7893 There being no objection, the letter was ordered to be printed in the RECORD, as follows:
S7893 WASHINGTON, D.C., May 17, 1977.
S7893 Hon. HENRY M. JACKSON, Chairman, Committee on Energy and Natural Resources,
Washington, D.C.
S7893 DEAR SCOOP: It has come to our attention that an effort will be made to add S. 707, the
Coal Pipeline Act of 1977, to the comprehensive legislation dealing with strip mining during
consideration of that legislation on the Senate floor. We strongly believe that this would be a serious
mistake. As you know, S. 707 was referred jointly to the Committee on Energy and Natural
Resources and the Committee on Commerce. Science and Transportation. Amending the concepts
contained in S. 707 into the strip mining bill without hearings or consideration by either Committee
would force us to oppose the entire bill in order to consider those parts of the bill concerned with the
transportation of coal.
S7893 S. 707 raises serious questions concerning the alternative means of transporting the
nation's energy. As you may know. S. 1492, the Coal Transportation Act of 1977, which touches on
many of the same issues addressed in S. 707, was recently introduced and it is our strong belief that
hearings should be held to consider both these bills along with any other similar legislation which
may be introduced. It is our hope that any legislation favorably reported will seek to assure that the
transportation regulatory and funding considerations relating to the transportation of coal will be
coordinated in such a manner as to produce the maximm public benefit possible.
S7893 Sincerely yours,
S7893 WARREN G. MAGNUSON, Chairman.
S7893 JAMES B. PEARSON, Ranking Minority Member.
S7893 WASHINGTON, C.C., May 16, 1977.
S7893 Hon. HENRY M. JACKSON, U.S. Senate, Washington, D.C.
S7893 DEAR SENATOR JACKSON: The AFL-CIO has long supported legislation to regulate
strip mining. In endorsing this legislation, the most recent Convention of the AFL-CIO stated that
"America needs both energy and reclaimed land . . . and can have both through reasonable strip
mining legislation."
S7893 The Surface Mining Control and Reclamation Act of 1977, S. 7, we believe is reasonable
legislation to regulate strip mining. Recently reported by the Senate Energy and Natural Resources
Committee, the minimum standards for state strip mining and reclamation laws and other provisions
of the measure are designed to assure the continued orderly development of the nation's coal
resources while providing much needed protections against environmental devastation which for too
long has gone unchecked. Unlike opponents of this legislation, we in organized labor believe that
the twin objectives of environmental protection and energy development must be pursued
simultaneously. While helping to accomplish both of these goals, S. 7. contrary to past assertions,
rather than costing jobs will create new employment opportunities through the reclamation activities
required by this legislation.
S7893 In summary this legislation represents a balanced program to control surface mining in the
United States and as such it is a vital component of the nation's energy program. Only through
congressional approval of S. 7 can the nation be protected against the continued environmental
destruction of the past. We therefore urge your vote for passage of this important environmental
legislation and opposition to any weakening amendments.
S7893 Sincerely,
S7893 ANDREW J. BIEMILLER, Director, Department of Legislation.
Amdt. No. 280
Ordered to lie on the table and to be printed
AMENDMENTS
Intended to be proposed by Mr. FORD to S. 7, a bill to provide
{1} for the cooperation between the Secretary of the Interior
{1} and the States with respect to the regulation of surface
{1} mining operations, and the acquisition and reclamation of
{1} abandoned mines, and for other purposes, viz:
{1-1} On page 235, between lines 3 and 4, insert the
{1-2} following:
{1-3} "(d)(1) Each State program may and each Federal
{1-4} program shall include procedures pursuant to which the
{1-5} regulatory authority may permit variances for the purposes
{1-6} set forth in paragraph (3) of this subsection.
{1-7} "(2) Where an applicant meets the requirements of
{1-8} paragraphs (3) and (4) of this subsection a variance from
{1-9} the requirement to restore to approximate original contour
{1-10} set forth in subsection 415(b)(3) or 415(c)(2) of this
{2-1} section may be granted for the surface mining of coal where
{2-2} the owner of the surface requests in writing, as a part of the
{2-3} permit application, that such a variance be granted so as to
{2-4} render the land, after reclamation, suitable for an agricultural,
{2-5} industrial, commercial, residential, or public use (including
{2-6} recreational facilities) in accord with the further
{2-7} provisions of (3) and (4) of this subsection.
{2-8} "(3)(A) After consultation with the appropriate land
{2-9} use planning agencies, if any, the potential use of the affected
{2-10} land is deemed to constitute an equal or better economic
{2-11} or public use, and (B) designed by a registered professional
{2-12} engineer in conformance with professional standards established
{2-13} to assure the stability, drainage, and configuration
{2-14} necessary for the intended use of the site.
{2-15} "(4) In granting a variance pursuant to this subsection
{2-16} the regulatory authority shall require that all other requirements
{2-17} of this Act will be met.
{2-18} "(5) The regulatory authority shall promulgate specific
{2-19} regulations to govern the granting of variances in accord
{2-20} with the provisions of this subsection, and may impose such
{2-21} additional requirements as he deems to be necessary.
{2-22} "(6) All exceptions granted under the provisions of this
{2-23} subsection shall be reviewed not more than three years from
{2-24} the date of issuance of the permit, unless the permittee
{3-1} affirmatively demonstrates that the proposed development is
{3-2} proceeding in accordance with the terms of the approved
{3-3} schedule and reclamation plan.".
{3-4} On page 235, line 4, by renumbering "(d) as "(e)".
Amdt. No. 281
Ordered to lie on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. ABOUREZK to S. 7, a bill to
{1} provide for the cooperation between the Secretary of the
{1} Interior and the States with respect to the regulation of surface
{1} mining operations, and the acquisition and reclamation
{1} of abandoned mines, and for other purposes, viz:
{1-1} On page 305, delete lines 19 through 21 and insert a
{1-2} new section 515(f) to read: "This section shall not apply
{1-3} to Indian lands.".
: Amdt. No. 282
Ordered to lie on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. HART to S. 7, a bill to provide
{1} for the cooperation between the Secretary of the Interior
{1} and the States with respect to the regulation of surface
{1} mining operations, and the acquisition and reclamation of
{1} abandoned mines, and for other purposes, viz:
{1-1} Strike all of section 410(b)(5), page 207, lines 1
{1-2} through 21 and insert in lieu thereof:
{1-3} "(5) the proposed surface coal mining operation if
{1-4} located west of the one hundredth meridian west longitude,
{1-5} would -
{1-6} "(A) not be located within an alluvial valley
{1-7} floor, or
{1-8} "(B) not materially damage the quantity or
{1-9} quality of water in surface or underground water
{2-1} systems that supply these valley floors referred to
{2-2} in (A) of subsection (B)(5):
{2-3} Provided, That this paragraph (5) shall not apply to
{2-4} those surface coal mining operations located within or
{2-5} adjacent to alluvial valley floors which in the year preceding
{2-6} the enactment of this Act were engaged in the
{2-7} commercial production of coal or which had obtained
{2-8} prior to January 4, 1977, specific permit approval by
{2-9} the State regulatory authority to conduct surface coal
{2-10} mining operations within said alluvial floors.".
Amdt. No. 287
Ordered to lie on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. DOMENICI to S. 7, a bill to
{1} provide for the cooperation between the Secretary of the
{1} Interior and the States with respect to the regulation of
{1} surface mining operations, and the acquisition and reclamation
{1} of abandoned mines, and for other purposes, viz:
{1-1} On page 159, line 8, insert at the end of the line the
{1-2} following: "or for programs for the construction of public
{1-3} facilities in communities impacted by coal development".
Amdt. No. 288
Ordered to lie on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. DOMENICI to S. 7, a bill to
{1} provide for the cooperation between the Secretary of the
{1} Interior and the States with respect to the regulation of
{1} surface mining operations, and the acquisition and reclamation
{1} of abandoned mines, and for other purposes, viz: On
{1} page 137, a new subsection 429 as follows:
Amdt. No. 288
HEADER: TITLE IV
SUBHEADER: SEC. 429. EXCLUSIVE STATE REGULATION
(a) Notwithstanding any other provision of
{1-3} this Act, any State which has, on the date of enactment of
{1-4} this Act, an existing program regulating surface coal mining
{1-5} operations may elec to retain exclusive State jurisdiction
{1-6} over the regulation of surface coal mining and reclamation
{1-7} operations taking place on lands within the State by incorporating
{1-8} in State law standards which are equal to or more
{2-1} stringent than the Environmental protection performance
{2-2} standards of sections 415 and 416.
{2-3} (1) If a State so elects, it shall notify the Secretary
{2-4} within one hundred and thirty-five days after enactment of
{2-5} this Act. Pending final determination by the Secretary pursuant
{2-6} to this section (including judicial review), the State
{2-7} shall apply and insure compliance with subsections 402(a),
{2-8} (b), and (c).
{2-9} (2) Such environmental performance standards shall be
{2-10} incorporated into State law within twenty-four months after
{2-11} enactment of the Act.
{2-12} (3) The Secretary shall hold a public hearing in the
{2-13} State as soon after such standards are incorporated into State
{2-14} law to determine if the environmental performance standards
{2-15} are equal to or more stringent than the standards in
{2-16} sections 415 and 416.
{2-17} (4) If the Secretary finds that the State standards are
{2-18} not equal to or more stringent than the standards in sections
{2-19} 415 and 416, he shall recommend to the State what conforming
{2-20} changes are necessary and shall afford such State an
{2-21} appropriate period of time to enact conforming amendments
{2-22} but in no event shall such period exceed adjournment sine
{2-23} die of the next full session of the State legislature to occur
{2-24} after such finding. Such finding shall be reviewable in a trial
{2-25} de novo in a Federal district court in such State.
{3-1} (5) If such State fails within the prescribed time to
{3-2} submit acceptable amendments, the Secretary shall impose
{3-3} a program pursuant to section 403 or 404.
{3-4} (6) If the Secretary finds that State law is equal to or
{3-5} more stringent than the standards in sections 415 and 416,
{3-6} then the State shall retain exclusive jurisdiction pursuant to
{3-7} State law over all surface coal mining operations in such
{3-8} State except as follows:
{3-9} (A) For a period of four years after such determination,
{3-10} the Secretary shall take such actions as he
{3-11} deems appropriate to monitor State regulation. If within
{3-12} this period the Secretary determines after public hearings
{3-13} that the State is failing to effectively enforce State law
{3-14} with regard to the environmental performance standards,
{3-15} he shall impose a program pursuant to section 403 or
{3-16} 404 of this Act. Such determination shall be reviewable
{3-17} in a trial de novo in a Federal district court in such State.
{3-18} (B) Nothing in this section shall be construed to
{3-19} deny such States the effect of section 505(a) and (c)
{3-20} of this Act, nor the right to fully participate with respect
{3-21} to title III in the same manner as a State with an
{3-22} approved State program.
{3-23} (C) States, with cooperative agreements with the
{3-24} Secretary existing on the date of enactment of this Act,
{3-25} which elect pursuant to this section shall be permitted to
{4-1} continue to regulate surface coal mining and reclamation
{4-2} operations on Federal lands within the State pursuant to
{4-3} such agreements: Provided, That the Secretary has made
{4-4} the determination required by subsections (a)(6) and
{4-5} such agreements are modified accordingly: Provided
{4-6} further, That such existing agreements are modified to
{4-7} require compliance with the initial regulatory procedures
{4-8} of subsection (a)(1).
{4-9} (b) The Secretary shall retain his duties under sections
{4-10} 2(a), (2)(B) and 2(a)(3) of the Federal Mineral Leasing
{4-11} Act, as amended. Nothing in this section shall be construed
{4-12} as authorizing the Secretary to delegate to the States
{4-13} his duty to designate certain Federal lands as unsuitable for
{4-14} coal mining pursuant to section 422 of this Act, or to regulate
{4-15} other activities taking place on Federal lands.
Amdt. No. 291
Ordered to lie on the table and to be printed
AMENDMENTS
Intended to be proposed by Mr. CULVER (for himself, Mr.
{1} PERCY, Mr. ABOUREZK, Mr. HUMPHREY, Mr. BUMPERS,
{1} Mr. ANDEFSON, and Mr. LEAHY) to S. 7, a bill to provide
{1} for the cooperation between the Secretary of the Interior
{1} and the States with respect to the regulation of surface mining
{1} operations, and the acquisition and reclamation of
{1} abandoned mines, and for other purposes, viz:
{1-1} On page 208, between lines 21 and 22, insert the
{1-2} following:
{1-3} "(d)(1) Except to the extent otherwise provided for in
{1-4} paragraphs (2) and (3) of this subsection, upon enactment
{1-5} of this Act no application for a permit or revision or renewal
{1-6} thereof shall be approved pursuant to this section unless the
{1-7} applicant demonstrates to the appropriate regulatory authority
{1-8} that prime farmland does not comprise more than 10
{2-1} per centum of the surface area to be disturbed pursuant to
{2-2} such applicant's mining plan. Such demonstration shall be
{2-3} based upon soil maps and data verified for accuracy by the
{2-4} Secretary of Agriculture.
{2-5} "(2) Nothing in this subsection shall apply to any
{2-6} permit issued prior to April 1, 1977, or to any revisions or
{2-7} renewals thereof.
{2-8} "(3) The appropriate regulatory authority may, after
{2-9} consultation with the Secretary of Agriculture, and pursuant
{2-10} to regulations issued hereunder by the Secretary of the
{2-11} Interior with the concurrence of the Secretary of Agriculture,
{2-12} grant a variance from paragraph (1) of this subsection
{2-13} if the operator demonstrates and the regulatory authority
{2-14} finds, on the basis of data relating to prime farmlands comparable
{2-15} to those covered by the permit application, that the
{2-16} applicant can restore the land affected to a condition at
{2-17} least fully capable of supporting the uses which it was capable
{2-18} of supporting prior to any mining.
{2-19} "(4) As soon as is practicable following the date of
{2-20} the enactment of this Act, but in no event later than twelve
{2-21} months following such date, the Secretary of Agriculture
{2-22} shall commence such research, experimentation, and studies
{2-23} as are necessary to determine the impact of surface mining
{2-24} operations on agricultural production including the impact
{2-25} on agricultural lands both directly and indirectly affected
{3-1} by such mining and the most effective and efficient procedures
{3-2} for restoring the productive capacity of prime farmlands
{3-3} subsequent to any mining and based thereon, make
{3-4} appropriate recommendations to the Congress and the President
{3-5} within four years after the date of enactment of this
{3-6} Act.".
{3-7} On page 291, line 3, strike out the period and insert in
{3-8} lieu thereof a semicolon.
{3-9} On page 291, between lines 3 and 4, insert the following:
{3-10} "(30) the term 'prime farmland' shall have the
{3-11} same meaning as that previously prescribed, or hereafter
{3-12} modified, by the Secretary of Agriculture on the
{3-13} basis of such factors as moisture availability, termperature
{3-14} regime, chemical balance, permeability, surface
{3-15} layer composition, susceptibility to flooding, and erosion
{3-16} characteristics, and as published in the Federal
{3-17} Register.".
Amdt. No. 292
Ordered to lie on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. MELCHER to S. 7, a bill to provi
{1} for the cooperation between the Secretary of the Interior
{1} and the States with respect to the regulation of surface mining
{1} operations and the acquisition and reclamation of
{1} abandoned mines, and for other purposes, viz:
{1-1} On page 207, beginning with line 1, strike out all
{1-2} through line 21 and insert in lieu thereof the following:
{1-3} (5) the proposed surface coal mining operations, if
{1-4} located west of the one hundredth meridian west longitude,
{1-5} would -
{1-6} (A) not interrupt, discontinue, or prevent farming
{1-7} on alluvial valley floors that are irrigated or
{1-8} naturally subirrigated, but, excluding undeveloped
{2-1} range lands which are not significant to farming on
{2-2} said alluvial valley floors and those lands that the
{2-3} regulatory authority finds that if the farming that
{2-4} will be interrupted, discontinued, or prevented is of
{2-5} such small acreage as to be of negligible impact on
{2-6} the farm's agricultural production, or
{2-7} (B) not adversely affect the quantity or quality
{2-8} of water in surface or underground water systems
{2-9} that supply these valley floors in (A) of subsection
{2-10} (b)(5):
{2-11} Provided, That this paragraph (5) shall not affect those
{2-12} surface coal mining operations which in the year preceding
{2-13} the enactment of this Act (1) produced coal in commercial
{2-14} quantities, and (2) were located within or adjacent to
{2-15} alluvial valley floors or had obtained specific permit approval
{2-16} by the State regulatory authority to conduct surface coal mining
{2-17} operations within said alluvial valley floors.
Amdt. No. 289
Ordered to lie on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. HEINZ (for himself and Mr.
{1} RANDOLPH) to S. 7, a bill to provide for the cooperation
{1} between the Secretary of the Interior and the States with
{1} respect to the regulation of surface mining operations, and
{1} the acquisition and reclamation of abandoned mines, and for
{1} other purposes, viz: After section 515 ending on page 305,
{1} line 24, insert the following new title:
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSTITUTES
SUBHEADER: SEC. 601. AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES
(a) There are authorized to be appropriated
{1-5} to the Secretary of the Interior sums adequate to provide
{1-6} for each participating State $200,000 for fiscal year 1978,
{1-7} $300,000 for fiscal year 1979, and $400,000 for each
{1-8} fiscal year thereafter for five years, to assist the States in
{2-1} carrying on the work of a competent and qualified coal
{2-2} mining and coal resources and research institute, or center
{2-3} (hereinafter referred to as "institute") at one public college
{2-4} or university in the State which has in existence at the time
{2-5} of enactment of this title a school of mines, or division, or
{2-6} department conducting a program of substantial instruction
{2-7} and research in coal mining and coal preparation and related
{2-8} research, or which establishes such a school of mines, or division,
{2-9} or department subsequent to the enactment of this title
{2-10} and which school of mines, or division or department shall
{2-11} have been in existence for at least two years. The Advisory
{2-12} Committee on Coal Mining and Coal Resources and Research,
{2-13} as created by this title, shall determine a college or university
{2-14} to have an eligible school of mines, or division, or department
{2-15} conducting a program of substantial instruction and research
{2-16} in coal mining, coal preparation and related research wherein
{2-17} education and research in these engineering fields are being
{2-18} carried out and wherein at least four full-time permanent
{2-19} faculty members are employed: Provided, That -
{2-20} (1) such moneys when appropriated shall be made
{2-21} available to match, on a dollar-for-dollar basis, non-Federal
{2-22} funds which shall be at least equal to the Federal
{2-23} share to support the institute;
{2-24} (2) if there is more than one such eligible college
{2-25} or university in a State, funds under this title shall, in
{3-1} the absence of a designation to the contrary by act of
{3-2} the legislature of the State, be paid to one such college
{3-3} or university designated by the Governor of the State;
{3-4} (3) where a State does not have a public college or
{3-5} university with an eligible school of mines, or division,
{3-6} or department conducting a program of substantial
{3-7} instruction and research in coal mining, coal preparation
{3-8} are related areas, said advisory committee may allocate
{3-9} the State's allotment to one private college or university
{3-10} which it determines to have an eligible school of mines,
{3-11} or division, or department as provided herein.
{3-12} (b) It shall be the duty of each such institute to plan
{3-13} and conduct and/or arrange for a component or components
{3-14} of the college or university with which it is affiliated to conduct
{3-15} competent research, investigations, demonstrations, and
{3-16} experiments of either a basic or practical nature, or both, in
{3-17} relation to coal mining, coal preparation (including anthracite),
{3-18} and to provide for the training of engineers and scientists
{3-19} through such research, investigations, demonstrations,
{3-20} and experiments. Such research, investigations, demonstrations,
{3-21} experiments, and training may include, without being
{3-22} limited to: exploration; the extraction; processing; development;
{3-23} production of coal resources; coal mining and preparation
{3-24} technology; supply and demand for coal; conservation
{3-25} and best use of available supplies of coal; the economic, legal,
{4-1} social, engineering, recreational, biological, geographic,
{4-2} ecological, health and safety, and other aspects of coal mining,
{4-3} coal preparation, and mineral reclamation from coals,
{4-4} having due regard to the interrelation on the natural environment,
{4-5} the varying conditions and needs of the respective
{4-6} States, to coal mining and coal preparation research projects
{4-7} being conducted by agencies of the Federal and State governments,
{4-8} and other institutes.
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSTITUTES
SUBHEADER: SEC. 602. RESEARCH FUNDS TO INSTITUTES
(a) There is authorized to be appropriated
{4-11} annually for seven years to the Secretary of the Interior the
{4-12} sum of $15,000,000 in fiscal year 1978, said sum increased
{4-13} by $2,000,000 each fiscal year thereafter for six
{4-14} years, which shall remain available until expended. Such
{4-15} moneys when appropriated shall be made available to institutes
{4-16} to meet the necessary expenses for purposes of:
{4-17} (1) specific coal mining, coal preparation and
{4-18} related research and demonstration projects of industrywide
{4-19} application, which could not otherwise be undertaken,
{4-20} including the expenses of planning and coordinating
{4-21} regional coal mining, coal preparation and related
{4-22} research projects by two or more institutes, and
{4-23} (2) research into any aspects of coal mining, coal
{4-24} preparation and related problems related to the mission
{5-1} of the Department of the Interior, which may be deemed
{5-2} desirable and are not otherwise being studied.
{5-3} (b) Each application for a grant pursuant to subsection
{5-4} (a) of this section shall, among other things, state the nature
{5-5} of the project to be undertaken, the period during which
{5-6} it will be pursued, the qualifications of the personnel who
{5-7} will direct and conduct it, the estimated costs, the importance
{5-8} of the project to the Nation, region, or State concerned, and
{5-9} its relation to other known research projects theretofore
{5-10} pursued or being pursued, and the extent to which it will
{5-11} provide opportunity for the training of coal mining, coal
{5-12} preparation engineers and scientists, and the extent of participation
{5-13} by nongovernmental sources in the project.
{5-14} (c) The Secretary shall, insofar as it is practicable,
{5-15} utilize the facilities of institutes designated in section 301
{5-16} of this title to perform such special research, authorized by
{5-17} this section, and shall select the institutes for the performance
{5-18} of such special research on the basis of the qualifications
{5-19} without regard to race or sex of the personnel who will
{5-20} conduct and direct it, and on the basis of the facilities available
{5-21} in relation to the particular needs of the research project,
{5-22} special geographic, geologic, or climatic conditions within
{5-23} the immediate vicinity of the institute in relation to any
{5-24} special requirements of the research project, and the extent
{6-1} to which it will provide opportunity for training individuals
{6-2} as mining engineers and scientists. The Secretary may designate
{6-3} and utilize such portions of the funds authorized to be
{6-4} appropriated by this section as he deems appropriate for the
{6-5} purpose of providing scholarships, graduate fellowships, and
{6-6} postdoctoral fellowships.
{6-7} (d) No grant shall be made under subsection (a) of
{6-8} this section except for a project approved by the Secretary
{6-9} of the Interior and all grants shall be made upon the basis
{6-10} of merit of the project, the need for the knowledge which it
{6-11} is expected to produce when completed, and the opportunity
{6-12} it provides for the training of individuals as mining engineers
{6-13} and scientists.
{6-14} (e) No portion of any grant under this section shall be
{6-15} applied to the acquisition by purchase or lease of any land
{6-16} or interests therein or the rental, purchase, construction,
{6-17} preservation, or repair of any building.
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSITITUTES
SUBHEADER: SEC. 603. FUNDING CRITERIA
(a) Sums available to institutes under the
{6-20} terms of sections 301 and 302 of this title shall be paid at
{6-21} such times and in such amounts during each fiscal year as
{6-22} determined by the Secretary, and upon vouchers approved
{6-23} by him. Each institute shall set forth its plan to provide for
{6-24} the training of individuals as mining engineers and scientists
{6-25} under a curriculum appropriate to the field of coal mining,
{7-1} and cool preparation engineering and related fields; set
{7-2} forth policies and procedures which assure that Federal funds
{7-3} made available under this title for any fiscal year will supplement
{7-4} and, to the extent practicable, increase the level of
{7-5} funds that would, in the absence of such Federal funds, be
{7-6} made available for purposes of this title, and in no case supplant
{7-7} such funds; have an officer appointed by its governing
{7-8} authority who shall receive and account for all funds paid
{7-9} under the provisions of this title and shall make an annual
{7-10} report to the Secretary on or before the first day of September
{7-11} of each year, on work accomplished and the status of
{7-12} projects underway, together with a detailed statement of the
{7-13} amounts received under any provisions of this title during
{7-14} the preceding fiscal year, and of its disbursements on schedules
{7-15} prescribed by the Secretary. If any of the moneys received
{7-16} by the authorized receiving officer of any institute
{7-17} under the provisions of this title shall by any action or contingency
{7-18} be found by the Secretary to have been improperly
{7-19} diminished, lost, or misapplied, it shall be replaced by the
{7-20} State concerned and until so replaced no subsequent appropriation
{7-21} shall be allotted or paid to any institute of such
{7-22} State.
{7-23} (b) Moneys appropriated pursuant to this title shall be
{7-24} available for expenses for research, investigations, experiments,
{7-25} and training conducted under authority of this title.
{8-1} The institutes are hereby authorized and encouraged to plan
{8-2} and conduct programs under this title in cooperation with
{8-3} each other and with such other agencies and individuals as
{8-4} may contribute to the solution of the coal mining, coal
{8-5} preparation and related problems involved, and moneys appropriated
{8-6} pursuant to this title shall be available for paying
{8-7} the necessary expenses of planning, coordinating, and conducting
{8-8} such cooperative research.
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSITITUTES
SUBHEADER: SEC. 604. DUTIES OF THE SECRETARY
(a) The Secretary of the Interior is hereby
{8-11} charged with the responsibility for the proper administration
{8-12} of this title and, after full consultation with other interested
{8-13} Federal agencies, shall prescribe such rules and regulations
{8-14} as may be necessary to carry out its provisions. The
{8-15} Secretary shall furnish such advice and assistance as will
{8-16} best promote the purposes of this title, participate in coordinating
{8-17} research initiated under this title by the institutes,
{8-18} indicate to them such lines of inquiry as to him seem most
{8-19} important, and encourage and assist in the establishment and
{8-20} maintenance of cooperation by and between the institutes
{8-21} and between them and other research organizations, the
{8-22} United States Department of the Interior, and other Federal
{8-23} establishments.
{8-24} (b) On or before the 1st day of July in each year after
{8-25} the passage of this title, the Secretary shall ascertain whether
{9-1} the requirements of section 303(a) have been met as to each
{9-2} institute and State.
{9-3} (c) The Secretary shall make an annual report to the
{9-4} Congress of the receipts, expenditures, and work of the
{9-5} institutes in all States under the provisions of this title. The
{9-6} Secretary's report shall indicate whether any portion of an
{9-7} appropriation available for allotment to any State has been
{9-8} withhold and, if so, the reasons therefor.
: Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSTITUTES
SUBHEADER: SEC. 605. AUTONOMY
Nothing in this title shall be construed to
{9-11} impair or modify the legal relationship existing between
{9-12} any of the colleges or universities under whose direction an
{9-13} institute is established and the government of the State in
{9-14} which it is located, and nothing in this title shall in any way
{9-15} be construed to authorize Federal control or direction of
{9-16} education at any college or university.
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSTITUTES
SUBHEADER: SEC. 606. MISCELLANEOUS PROVISIONS
(a) The Secretary of the Interior shall obtain
{9-19} the continuing advice and cooperation of all agencies of the
{9-20} Federal Government concerned with coal mining and coal
{9-21} resources and related research of State and local governments,
{9-22} and of private institutions and individuals to assure
{9-23} that the programs authorized in this title will supplement
{9-24} and not duplicate established coal mining, coal preparation
{9-25} and related research programs, to stimulate research in otherwise
{10-1} neglected areas, and to contribute to a comprehensive
{10-2} nationwide program of coal mining, coal preparation and
{10-3} related research, having due regard for the protection and
{10-4} conservation of the environment. The Secretary shall make
{10-5} generally available information and reports or projects completed,
{10-6} in progress, or planned under the provisions of this
{10-7} title, in addition to any direct publication of information by
{10-8} the institutes themselves.
{10-9} (b) Nothing in this title is intended to give or shall
{10-10} be construed as giving the Secretary of the Interior any
{10-11} authority over coal mining, coal preparation and related
{10-12} research conducted by any other agency of the Federal Government,
{10-13} or as repealing, superseding, or diminishing existing
{10-14} authorities or responsibilities of any agency of the Federal
{10-15} Government to plan and conduct, contract for, or assist in
{10-16} research in its area of responsibility and concern with coal
{10-17} mining, coal preparation and related research.
{10-18} (c) Contracts or other arrangements for coal mining,
{10-19} coal preparation and related research work authorized under
{10-20} this title with an institute, educational institution, or nonprofit
{10-21} organization may be undertaken without regard to
{10-22} the provisions of section 3684 of the Revised Statutes (31
{10-23} U.S.C. 529) when, in the judgment of the Secretary of the
{10-24} Interior, advance payments of initial expense are necessary
{10-25} to facilitate such work: Provided, That authority to make
{11-1} payments under this subsection shall be effective only to
{11-2} such extent or in such amounts as are provided in advance
{11-3} by appropriation Acts.
{11-4} (d) No research, demonstration, or experiment shall be
{11-5} carried out under this Act by an institute financed by grants
{11-6} under this Act, unless all uses, products, processes, patents,
{11-7} and other developments resulting therefrom, with such exception
{11-8} or limitation, if any, as the Secretary may find necessary
{11-9} in the public interest, be available promptly to the
{11-10} general public. Nothing contained in this section shall deprive
{11-11} the owner of any background patent relating to any such
{11-12} activities of any rights which that owner may have under
{11-13} that patent. There are authorized to be appropriated such
{11-14} sums as are necessary for the printing and publishing of the
{11-15} results of activities carried out by institutes under the provisions
{11-16} of this Act and for administrative planning and direction,
{11-17} but such appropriations shall not exceed $1,000,000 in
{11-18} any fiscal year: Provided, That no new budget authority is
{11-19} authorized to be appropriated for fiscal year 1977.
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSTITUTES
SUBHEADER: SEC. 607. CENTER FOR CATALOGING
The Secretary shall establish a center for
{11-22} cataloging current and projected scientific research in all
{11-23} fields of coal mining and coal preparation. Each Federal
{11-24} agency doing coal mining, coal preparation, and related research
{11-25} shall cooperate by providing the cataloging center
{12-1} with information on work underway or scheduled by it. The
{12-2} cataloging center shall classify and maintain for public use a
{12-3} catalog of coal mining, coal preparation, and related research
{12-4} and investigation projects in progress or scheduled by all
{12-5} Federal agencies and by such non-Federal agencies of Government,
{12-6} colleges, universities, private institutions, firms, and
{12-7} individuals as may make such information available.
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RESEARCH
INSTITUTES
SUBHEADER: SEC. 608. INTERAGENCY COOPERATION
The President shall, by such means as he
{12-10} deems appropriate, clarify agency responsibility for Federal
{12-11} coal mining and coal preparation and related research and
{12-12} provide for interagency coordination of such research, including
{12-13} the research authorized by this title. Such coordination
{12-14} shall include -
{12-15} (a) continuing review of the adequacy of the Government-wide
{12-16} program in coal mining, coal preparation,
{12-17} and related research;
{12-18} (b) identification and elimination of duplication and
{12-19} overlap between two or more agency programs;
{12-20} (c) identification of technical needs in various
{12-21} coal mining, coal preparation, and related research
{12-22} categories;
{12-23} (d) recommendations with respect to allocation of
{12-24} technical effort among Federal agencies;
{12-25} (e) review of technical manpower needs and findings
{13-1} concerning management policies to improve the
{13-2} quality of the Government-wide research effort; and
{13-3} (f) actions to facilitate interagency communication
{13-4} at management levels.
Amdt. No. 289
HEADER: TITLE VI - STATE COAL MINING AND COAL RESOURCES AND RSEARCH
INSTITUTES
SUBHEADER: SEC. 609. ADVISORY COMMITTEE
(a) The Secretary of the Interior shall
{13-7} appoint an Advisory Committee on Coal Mining and Coal
{13-8} Resources and Research composed of -
{13-9} (1) the Director, Bureau of Mines, or his delegate,
{13-10} with his consent;
{13-11} (2) the Director of the National Science Foundation,
{13-12} or his delegate, with his consent;
{13-13} (3) the President, National Academy of Sciences,
{13-14} or his delegate, with his consent;
{13-15} (4) the President, National Academy of Engineering,
{13-16} or his delegate, with his consent;
{13-17} (5) the Director, United States Geological Survey,
{13-18} or his delegate, with his consent; and
{13-19} (6) not more than four other persons who are
{13-20} knowledgeable in the fields of coal mining, coal preparation
{13-21} and related research, at least one of whom shall be
{13-22} a representative of working coal miners.
{13-23} (b) The Secretary shall designate the Chairman of the
{13-24} Advisory Committee. The Advisory Committee shall consult
{13-25} with, and make recommendations to, the Secretary of the
{14-1} Interior on all matters involving or relating to coal mining,
{14-2} coal preparation and related research and such determinations
{14-3} as provided in this title. The Secretary of the Interior
{14-4} shall consult with, and consider recommendations of, such
{14-5} Committee in the conduct of coal mining, coal preparation
{14-6} and related research and the making of any grant under this
{14-7} title.
{14-8} (c) Advisory Committee members, other than officers
{14-9} or employees of Fedeal, State, or local governments, shall
{14-10} be, for each day (including traveltime) during which they
{14-11} are performing committee business, entitled to receive compensation
{14-12} at a rate fixed by the Secretary, but not in excess
{14-13} of the maximum rate of pay for grade GS-18 as provided in
{14-14} the General Schedule under section 5332 of title 5 of the
{14-15} United States Code, and shall, notwithstanding the limitations
{14-16} of sections 5703 and 5704 of title 5, United States
{14-17} Code, be fully reimbursed for travel, subsistence, and related
{14-18} expenses.
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