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H.R. 15860 · 93th CongressIn committee

Strip Mining Abolition Act

Latest action. Referred to House Committee on Interior and Insular Affairs. · July 11, 1974

Live record from Congress.gov, updated as the official record changes.
What this bill would do
Official summary · Congressional Research Service

Strip Mining Abolition Act - Requires public participation in the development and enforcement of regulations and standards promulgated and permits issued under this Act pertaining to strip mining. Empowers the Administrator of the Environmental Protection Agency to: (1) investigate and inspect to insure compliance with this Act; (2) hold public hearings; (3) issue cease-and-desist orders; and (4) order the revocation, suspension or modification of permits. Title I: Environmental Protection Coal Mining Limitations - Prohibits development of any new or previously mined and abandoned site for coal surface mining and, within 6 months, contour surface coal mining. Allows continuation of non-contour coal mining if a permit is obtained containing provisions for a reduction of mining production in three years to 50 percent of the 1973 level. Prohibits surface coal mining after 6 months unless a permit is obtained containing provisions for land stabilization and postmining land use. Prohibits the issuance of permits for mining within 300 feet of dwellings of public buildings or that will interrupt watercourses. Sets forth requirements for permit applications, including submission of ownership statements, mining maps, a hydrologic effect statement, and results of test borings and core samplings. Sets forth requirements for mining and stabilization plans (required or permit applicants), including identification of the entire mining area over the time of the operations, a statement of land uses prior to mining, a detailed description of mining and land stabilization methods, and a time schedule of operations. Requires public liability insurance on such operations for resulting personal and property damage. Requires surface coal mining operators to: (1) restore land to a condition capable of supporting prior uses; (2) carry on stabilization along with mining operations; (3) preserve topsoil; (4) restore the original contour of the land; (5) revegetate the land; (6) maintain hydrologic balance in the area; and (7) meet certain requirements in the use of explosives. Requires underground mine operators to: (1) backfill mine wastes in mine voids for mines opened after enactment of this Act where possible; (2) provide for adequate ground support; (3) seal all portals; and (4) refrain from use of water impoundments. Allows local, State, and Federal agencies to file objections to surface mining and stabilization plans and request and receive hearings at which the permit applicant must establish that his plans comply with applicable law. Requires the Administrator to make a decision within 30 days of such hearings of issuing a permit. Requires permit applicants whose permits have been approved to file a performance bond sufficient to assure stabilization in the event of forfeiture. Allows release of such bond upon satisfactory completion of mining and stablization work. Prohibits suspension or revocation of a permit without notice of violations to the permittee and 10 days to take corrective action, and after a public hearing (if requested), unless a significant threat to public health, private or public property, land or air exists. Provides for a written statement of reasons of any such action to a permittee and the right to appeal to United States district courts. Requires mine operators to keep specified records and use monitoring equipment. Requires inspection of surface mining sites once a month without notice and public disclosure of reports on such inspections. Provides that the Attorney General, at the Administrators request, may institute civil action to enforce this Act. Requires civil penalties for violations of permits or of this Act. Allows citizen suits against any alleged violators of the Act. Authorizes necessary appropriations to carry out this title. Prohibits Government procurement from mines in violation of this Act. States that where the surface owner is not the owner of the mineral estate proposed to be surface mined, the permit application shall include the written consent of the owner of such surface land, including lessees. Title II: Abandoned Mine Stabilization - Creates the Abandoned Coal Mine Stabilization Fund and authorizes appropriations to it of $100,000,000 and such other sums thereafter as Congress may appropriate. Directs the fund to be used for acquisition and stabilization of mined lands, acquistion and filling of voids and sealing of tunnels and shafts, and for use by the Secretary of Agriculture to combat erosion caused by mining effects. Limits the use of the fund to lands affected by mining prior to enactment of this Act. Provides for the condemation of land when the Chief of the Corps of Engineers cannot otherwise acquire land for stabilization purposes. Authorizes bidding for stabilization work contracts, with preference to be given to former employees. Authorizes matching grants to States which require and transfer land to the Chief of the Corps for such purposes, of surface coal mines. Provides for resale of such stabilized land.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on July 11, 1974. It describes the bill, it is not the legal text.

Status
Introduced
July 11, 1974
In committee
July 11, 1974
Passed a chamber
Cleared Congress
Enacted
Where this sits in the process
Common questions
Composed from the official record
Where is it in the process, and what happens next?

4 steps remain before this bill could become law.

The record's latest action, on July 11, 1974: Referred to House Committee on Interior and Insular Affairs.

  1. Clearing the committees it was referred to, and being scheduled for a floor vote
  2. Passage by the House
  3. Passage by the Senate
  4. The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?

Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.

In the 93rd Congress (1973-74), 651 of the 23,396 bills and joint resolutions introduced became law, about 2.8 percent. That count covers every measure at every stage, including the many that never left committee.

This one is not there yet: 4 steps are still outstanding, listed above.

Has anyone actually voted on it?

No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.

A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.

Who is behind it?

KENNETH HECHLER (D-WV) introduced it on July 11, 1974, and 24 members have since signed on as cosponsors.

They come from both major parties: 23 Democrats, 1 Republican.

Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.

How long has it been in play?

It was introduced on July 11, 1974, 19054 days ago. The most recent recorded action was 19054 days ago, on July 11, 1974.

Measures do not carry over. Anything the 93rd Congress has not finished by January 3, 1975 dies when the term ends, and has to be introduced again from the start in the next Congress.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.

Vote history

  1. House
    In committee, no floor vote yet
  2. Senate
    Awaits House passage
  3. President
    Awaits both chambers
No recorded votes yet
No roll call in this Congress cites this bill. Most bills die in committee without ever reaching a recorded floor vote.