Library / Laws / 113th / hr / H.R. 2824 / Reported in House
IB
Union Calendar No. 270
113th CONGRESS
2d Session
H. R. 2824
[Report No. 113–364]
IN THE HOUSE OF REPRESENTATIVES
July 25, 2013
Mr. Johnson of Ohio (for himself and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Natural Resources
February 28, 2014
Additional sponsors: Mr. Gosar, Mr. Cramer, Mrs. Lummis, and Mr. Daines
February 28, 2014
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to stop the ongoing waste by the
Department of the Interior of taxpayer resources and implement the final
rule on excess spoil, mining waste, and buffers for perennial and
intermittent streams, and for other purposes.
1.
Short title
This Act may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America.
2.
Incorporation of surface mining stream buffer zone rule into State programs
(a)
In general
Section 503 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253) is amended
by adding at the end the following:
(e)
Stream buffer zone management
(1)
In general
In addition to the requirements under subsection (a), each State program shall incorporate the
necessary rule regarding excess spoil, coal mine waste, and buffers for
perennial and intermittent streams published by the Office of Surface
Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg.
75813 et seq.).
(2)
Study of implementation
The Secretary shall—
(A) at such time as the Secretary determines all States referred to in subsection (a) have fully
incorporated the necessary rule referred to in paragraph (1) of this
subsection into their State programs, publish notice of such
determination;
(B) during the 5-year period beginning on the date of such publication, assess the effectiveness of
implementation of such rule by such States; and
(C) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to
the Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, including—
(i) an evaluation of the effectiveness of such rule;
(ii) an evaluation of any ways in which the existing rule inhibits energy production; and
(iii) a description in detail of any proposed changes that should be made to the rule, the justification
for such changes, all comments on such changes received by the Secretary
from such States, and the projected costs and benefits of such changes.
(3)
Limitation on new regulations
The Secretary may not issue any regulations under this Act relating to stream buffer zones or
stream protection before the date of the publication of the report under
paragraph (2), other than a rule necessary to implement paragraph (1).
.
(b)
Deadline for State implementation
Not later than 2 years after the date of the enactment of this Act, a State with a State program
approved under section 503 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary of the Interior
amendments to such program pursuant to part 732 of title 30, Code of
Federal Regulations, incorporating the necessary rule referred to in
subsection (e)(1) of such section, as amended by this section.
February 28, 2014
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed