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Page:United States Statutes at Large Volume 91.djvu/531

 PUBLIC LAW 95-87—AUG. 3, 1977 quantity of water in surface ground water systems both during and after coal mining operations and during reclamation by— (A) avoiding acid or other toxic mine drainage by such measures as, but not limited to— (i) preventing or removing water from contact with toxic producing deposits; (ii) treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses; (iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and (B) conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall such contributions be in excess of requirements set by applicable State or Federal law), and avoiding channel deepening or enlargement in operations requiring the discharge oi water from mines; (10) with respect to other surface impacts not specified in this subsection including the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities, operate in accordance with the standards established under section 515 of this title for such effects which result from surface coal mining operations: Provided, That the Secretary shall make such modifications in the requirements imposed by this subparagraph as are necessary to accommodate the distinct difference between surface and underground coal mining; (11) to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; (12) locate openings for all new drift mines working acidproducing or iron-producing coal seams in such a manner as to prevent a gravity discharge of water from the mine. (c) In order to protect the stability of the land, the regulatory authority shall suspend underground coal mining under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams if he finds imminent danger to inhabitants of the urbanized areas, cities, towns, and communities. (d) The provisions of title V of this Act relating to State and Federal programs, permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall be applicable to surface operations and surface impacts incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining. The Secretary shall promulgate such modifications in accordance with the rulemaking procedure established in section 501 of this Act.

91 STAT. 497

Urbanized areas, mining suspension.

Ante, p. 467.

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Page:United States Statutes at Large Volume 91.djvu/532

 9 1 STAT. 4 9 8

PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 IXSPKCTIOXS AND MONITORING

30 USC 1267.

Records and reports.

• '

'

Right of entry.

" '

SEC. 517. (a) The Secretary shall cause to be made such mspections of any surface coal mining and reclamation operations as are necessary to evaluate the administration of approved State programs, or to develop or enforce any Federal program, and for such purposes authorized representatives of the Secretary shall have a right of entry to, upon, or through any surface coal mining and reclamation operations. (b) For the purpose of developing or assisting in the development, administration, and enforcement of any approved State or Federal program under this Act or in the administration and enforcement of any permit under this Act, or of determining whether any person is in violation of any requirement of any such State or Federal program or any other requirement of this Act— (1) the regulatory authority shall require-any permittee to (A) establish and uiaintain appropriate records, (B) make monthly reports to the regulatory authority, (C) install, use, and maintain any necessary monitornig equipment or methods, (D) evaluate results in accordance with such uiethods, at such locations, intervals, and in such manner as a regulatory authority shall prescribe, and (E) provide such other information relative to surface coal mining and reclamation operations as the regulatory authority deems reasonable and necessary; (2) for those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or ofi' the mining site, the regulatory authority shall specify those— (A) monitoring sites to record the quantity and quality of surface drainage above and below the minesite as well as in the potential zone of influence; (B) monitoring sites to record level, amount, and samples of ground water and aquifers potentially aft'ected by the mining and also directly below the lowermost (deepest) coal seam to be uiined; (C) records of well logs and borehole data to be maintained; and (D) monitoring sites to record precipitation. The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the regulatory authority in order to assure their reliability and validity; and (3) the authorized I'epresentatives of the regulatory authority, without advance notice and upon presentation of appropriate credentials (A) shall have the right of entry to, upon, or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained under paragraph (1) of this subsection are located; and (B) may at reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operation required under this Act. (c) The inspections by the regulatory authority shall (1) occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit; (2) occur without prior notice to the permittee or his agents or employees except for necessary onsite meetings with the permittee; and (3) include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this Act. (d) E a c h permittee shall conspicuously maintain at the entrances to the surface coal mining and reclamation operations a clearly visible

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text:
Page:United States Statutes at Large Volume 91.djvu/533

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 499

sign which sets forth the name, business address, and phone number of the permittee and the permit number of the surface coal mining and reclamation operations. (e) Each inspector, upon detection of each violation of any require- Violations. ment of any State or Federal program or of this Act, shall forthwith inform the operator in writing, and shall report in writing any such violation to the regulatory authority. (f) Copies of any records, reports, inspection materials, or informa- Information, tion obtained under this title by the regulatory authority shall be availability to made immediately available to the public at central and sufficient loca- public. tions in the county, multicounty, and State area of mining so that they are conveniently available to residents in the areas of mining. (g) No employee of the State regulatory authority performing any Conflict of function or duty under this Act shall have a direct or indirect financial interest. interest in any underground or surface coal mining operation. Who- Penalty. ever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both. The Secretary shall (1) Publication in within sixty days after enactment of this Act, publish in the Federal Federal Register. Register, in accordance with section 553 of title 5, United States Code, regulations to establish methods by which the provisions of this subsection will be monitored and enforced by the Secretary and such State regulatory authority, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection, and (2) report to the Congress as part of the Annual Report to Report (section 706) on actions taken and not taken during the pre- Congress. ceding year under this subsection. (h)(1) Any person who is or may be adversely affected by a sur- Review. face mining operation may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which he has reason to believ^e exists at the surface mining site. The Secretary shall, by regulation, establish procedures for informal leview of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation. The Secretary shall furnish such persons requesting the review a written statement of the reasons for the Secretary's final disposition of the case. (2) The Secretary shall also, by regulation, establish procedures to insure that adequate and complete inspections are made. Any such person may notify the Secretary of any failure to make such inspections, after which the Secretary shall determine whether adequate and complete inspections have been made. The Secretary shall furnish such persons a written statement of the reasons for the Secretary's determination that adequate and complete inspections have or have not been conducted. PENALTIES

SEC. 518. (a) In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to section 502 or during Federal enforcement of a State program pursuant to section 521 of this Act, any permittee who violates any permit condition or who violates any other provision of this title, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under section 521, the civil penalty shall be assessed. Such penalty shall not exceed $6,000 for each viola-

30 USC 1268. Ante, p. 468.

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Page:United States Statutes at Large Volume 91.djvu/534

 91 STAT. 500

Hearing.

Notice.

Waiver.

Willful violations. Ante, p. 468.

Post, p. 520.

Corporate violations.

PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 tion. E a c h day of continuing violation may be deemed a separate violation for purposes of penalty assessments. I n determining the amount of the penalty, consideration shall be given to the permittee's history of previous violations at the particular surface coal raining operation; the seriousness of the violation, including any irreparable h a r m to the environment and any hazard to the health or safety of the public; wheiher the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation. (b) A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public hearing. Where such a public hearing has been held, the Secretary shall make findings of fact, and he shall issue a written decision as to the occurrence of the violation and the amount of the penalty which is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid. W h e n appropriate, the Secretary shall consolidate such hearings with other proceedings under section 521 of this Act. Any hearing under this section shall be of record and shall be subject to section 554 of title 5 of the United States Code. Where the person charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Secretary after the Secretary has determined that a violation did occur, and the amount of the penalty which is warranted, and has issued an order requiring that the penalty be paid. (c) Upon the issuance of a notice or order charging that a violation of the Act has occurred, the Secretary shall inform the operator within t h i r t y days of the proposed amount of said penalty. The person charged with the penalty shall then have t h i r t y days to pay the proposed penalty in full or, if the person washes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the Secretary for placement in an escrow account. I f through administrative or judicial review of the proposed penalty, it is determined that no violation occurred, or that the amount of the penalty should be reduced, the Secretary shall within t h i r t y days remit the appropriate amount to the person, with interest at the rate of 6 percent, or at the prevailing Department of the Treasury rate, whichever is greater. F a i l u r e to forward the money to the Secretary within t h i r t y days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. (d) Civil penalties owed under this Act, may be recovered in a civil action brought by the Attorney General at the request of the Secretary in any appropriate district court of the United States. (ej Any person who willfully and knowingly violates a condition of a permit issued pursuant to a Federal program, a Federal lands program or Federal enforcement pursuant to section 502 or during Federal enforcement of a State program pursuant to section 521 of this Act or fails or refuses to comply with any order issued under section 521 or Fcction 526 of this Act, or any order incorporated in a final decision issued by the Secretary undei- this Act, except an order incorporated in a decision issued under subsection (b) of this section or section 704 of this Act. shall, upon conviction, be pimished by a fine of not more than $10,000, or by imprisonment for not more than one year or both. (f) Whenever a corporate permittee violates a condition of a permit issued pursuant to a Federal program, a Federal lands program or Federal enforcement pursuant to section 502 or Federal enforcement of a State program pursuant to section 521 of this Act or fails or

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Page:United States Statutes at Large Volume 91.djvu/535

 PUBLIC LAW 95-87—AUG. 3, 1977 refuses to comply with any order issued under section 521 of this Act, or any order incorporated in a final decision issued by the Secretary under this Act except an order incorporated in a decision issued under subsection (b) of this section or section 703 of this Act, any director. officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under subsections (a) and (e) of this section. (g) Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plant, or other document filed or required to be maintained pursuant to a Federal program or a Federal lands program or any order of decision issued by the Secretary under this Act, shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both. (h) Any operator who fails to correct a violation for which a citation has been issued under section 521(a) within the period permitted for its correction (which period shall not end until the entry of a final order by the Secretary, in the case of any review proceedings under section 525 initiated by the operator wherein the Secretary orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of an order of the court, in the case of any review proceedings under section 526 initiated by the operator wherein the court orders the suspension of the abatement requirements of the citation), shall be assessed a civil penalty of not less than $750 for each day during which such failure or violation continues. (i) As a condition of approval of any State program submitted pursuant to section 503 of this Act, the civil and criminal penalty provisions thereof shall, at a minimum, incorporate penalties no less stringent than those set forth in this section, and shall contain the same or similar procedural requirements relating thereto. Nothing herein shall be construed so as to eliminate any additional enforcement right or procedures which are available under State law to a State regulatory authority but which are not specifically enumerated herein.

91 STAT. 501

Post, p. 520,

Failure to correct violations.

Ante, p. 470.

RELEASE OF PERFORMANCE BONDS OR DEPOSITS

SEC. 519. (a) The permittee may file a request with the regulatory 30 USC 1269. authority for the release of all or part of a performance bond or deposit. W i t h i n t h i r t y days after any application for bond or deposit Publication in release has l>een filed with the regulatory authority, the operator shall newspaper. submit a copy of an advertisement placed at least once a week for four successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. Such advertisement shall be considered part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit and the date approved, the amount of the bond filed and the portion sought to be released, and the type and appropriate dates of reclamation work performed, and a description of the results achieved as they relate to the operator's approved reclamation plan. I n addition, as part of any bond release application, the applicant shall submit copies of letters which he has sent to adjoining property owners, local governmental bodies, planning agencies, and sewage and water treatment authorities, or water companies in the locality in

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Page:United States Statutes at Large Volume 91.djvu/536

 91 STAT. 502

Inspection and evaluation.

Notice.

Ante, p. 474.

Notice of disapproval.

Notice to municipality.

PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 which the surface coal mining and reclamation activities took place, notifying thorn of his intention to seek release from the bond. (b) Upon receipt of the notification and request, the regulatory authority shall within thirty days conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of continuance of future occurrence of such polhition, and the estimated cost of abating such pollution. The regulatory authority shall notify the permittee in writing of its decision to release or not to release all or part of the performance bond or deposit within sixty days from the filing of the request, if no public hearing is held pursuant to section 519(f), and if there has been a public hearing held pursuant to section 519(f), within t h i r t y days thereafter. (c) The regulatory authority may release in whole or in part said br-nd or deposit if the authority is satisfied the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this Act according to the following schedule: (1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with his approved reclanuition plan, the release of 60 per centum of the bond or colhiteral for the applicable permit area. (2) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan. When determining the amount of bond to be released after successful revegetation has been established, the regulatory authority shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in section 515 of reestablishing revegetation. No part of the bond or deposit shall be released under this paragraph so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by section 515 (b) (10) or until soil productivity for prime farm lands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to section 507(b) (16). Where a silt dam is to be retained as a permanent impoundment pursuant to section 515(b)(8), the portion of bond may be released under this paragraph so long as provisions for sound future maintenance by the operator or the landowner have been made with the regulatory authority. (-3) When the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in section 515: Provided, however, That no bond shall be fully released until all reclamation requirements of this Act are fully met. (d) If the regulatory authority disapproves the application for release of the bond or portion thereof, the authority shall notify the permittee, in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure said release and allowing opportunity for a Dublic hearing. (e) "\^Tien any application for total or partial bond release is filed with the regulatory authority, the regulatory authority shall notify

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Page:United States Statutes at Large Volume 91.djvu/537

 PUBLIC LAW 95-87—AUG. 3, 1977 the municipality in which a surface coal mining operation is located by certified mail at least thirty days prior to the release of all or a portion of the bond. (f) Any pci'son with a valid legal interest which might be adversely affected by release of the bond or the responsible officer or head of any Federal, State, or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to such operations shall have the right to file written objections to the proposed release from bond to the regulatory authority within thirty days after the last publication of the above notice. If written objections are filed, and a hearing requested, the regulatory authority shall inform all the interested parties, of the time and place of the hearing, and hold a public hearing in the locality of the surface coal mining operation proposed for bond release within thirty days of the request for such hearing. Tho date, time, and location of such public hearings shall be advertised by the regulatory authority in a newspaper of general circulation in the locality for two consecutive weeks, and shall hold a public hearing in the locality of the surface coal mining operation proposed for bond release or at the State capital at the option of the objector, within thirty days of the request for such hearing. (g) Without prejudice to the rights of the objectors, the applicant, or the responsibilities of the regulatory authority pursuant to this section, the regulatory authority may establish an informal conference as provided in section 513 to resolve such written objections. (h) For the purpose of such hearing the regulatory authority shall have the authority and is hereby empowered to administer oaths, subpena witnesses, or written or printed materials, compel the attendance of witnesses, or production of the materials, and take evidence including but not limited to inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing required by this Act shall be made, and a transcript made available on the motion of any party or by order' of the regulatory authority.

91 STAT. 503

Written objections.

Hearing.

Records,

CITIZEN SUITS

SEC. 520. (a) Except as provided in subsection (b) of this section, Civil action. any person having an interest which is or may be adversely affected 30 USC 1270. may commence a civil action on his own behalf to compel compliance with this Act— (1) against the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution which is alleged to be in violation of the provisions of this Act or of any rule, regulation, order or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, regulation, order or permit issued pursuant to this title; or (2) against the Secretary or the appropriate State regulatory authority to the extent permitted by the eleventh amendment to the Constitution where there is alleged a failure of the Secretary or the appropriate State regulatory authority to perform any act or duty under this Act which is not discretionary with the Secretary or with the appropriate State regulatory authority. The district courts shall have jurisdiction, without regard to the Jurisdiction, amount in controversy or f he citizenship of the parties.

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Page:United States Statutes at Large Volume 91.djvu/538

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 504

Notice.

Venue.

28 USC app.

- (b) No action may be commenced— (1) under subsection (a)(1) of this section— (A) prior to sixty days after the plaintiff has given notice vf in writing of the violation (i) to the Secretary, (ii) to the State in which the violation occurs, and (iii) to any alleged violator; or (B) if the Secretary or the State has commenced and is diligently prosecuting a civil action in a court of the United States or a State to require compliance with the provisions of this Act, or any rule, regulation, order, or permit issued =, pursuant to this Act, but in any such action in a court of the f United States any person may intervene as a matter of right; or (2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice in writing of such action to the Secretary, in such manner as the Secretary shall by regulation prescribe, or to the appropriate State regulatory authority, except that such action may be brought immediately after such notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff. (c)(1) Any action respecting a violation of this Act or the-regulations thereunder may be brought only in the judicial district in which the surface coal mining operation complained of is located. (2) In such action under this section, the Secretary, or the State regulatory authority, if not a party, may intervene as a matter of right. (d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any of the provisions of this Act and the regulations thereunder, or to seek any other relief (including relief against the Secretary or the appropriate State regulatory authority). (f) Any person who is injured in his person or property through the violation by any operator of any rule, regulation, order, or permit issued pursuant to this Act may bring an action for damages (including reasonable attorney and expert witness fees) only in the judicial district in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under State Workmen's Compensation laws. Cni •/

Notice. 30 USC 1271.

Federal inspection. , r-y.phi

ENFORCEMENT

';'.

Z'^''

SEC. 521. (a)(1) Whenever, on the basis of any information available to him, including receipt of information from, any person, the Secretary has reason to believe that any person is in violation of any requirement of this Act or any permit condition required by this Act, the Secretary shall notify the State regulatory authority, if one exists. in the State in which such violation exists. If no such State authority exists or the State regulatory authority fails within ten days after notification to take appropriate action to cause said violation to be corrected or to show good cause for such failure and transmit notification of its action to the Secretary, the Secretary shall immediately

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Page:United States Statutes at Large Volume 91.djvu/539

 PUBLIC LAW 95-87—AUG. 3, 1977 order Federal inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available to the Secretary is a result of a previous Federal inspection of such surface coal mining operation. The ten-day notification period shall be waived when the person informing the Secretary provides adequate proof that an imminent danger of significant environmental harm exists and that the State has failed to take appropriate action. When the Federal inspection results from information provided to the Secretary by any person, the Secretary shall notify such person when the Federal inspection is proposed to be carried out and such person shall be allowed to accompany the inspector during the inspection. (2) When, on the basis of any Federal inspection, the Secretary or h's authorized representative determines that any condition or practices exist, or that any permittee is in violation of any requirement of this Act or any permit condition required by this Act, which condition, pract'ce, or violation also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the Secretary or his authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation. Such cessation order shall remain in effect until the Secretary or his authorized representative determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the Secretary or his authorized representative pursuant to subparagraph (a)(5) of this section. Where the Secretary finds that the ordered cessation of surface coal mining and reclamation operations, or any portion thereof, will not completely abate the imminent danger 10 health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the Secretary shall, in addition to the cessation order, impose affirmative obligations on the operator requiring him to take whatever steps the Secretary deems necessary to abate the imminent danger or the significant environmental harm. (3) When, on the basis of a Federal inspection which is carried out during the enforcement of a Federal program or a Federal lands program. Federal inspection pursuant to section 502, or section 504(b) or during Federal enforcement of a State program in accordance with subsection (b) of this section, the Secretary or his authorized representative determines that any permittee is in violation of any requirement of this Act or any permit condition required by this Act; but such violation does not create an imminent danger to the health or safety of the pubr"c, or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the Secretary or authorized representative shall issue a notice to the permittee or his agent fixing a reasonable time but not more than ninety days for the abatement of the violation and providing opportunity for public hearing. If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the Secretary or his authorized representative, the Secretary or his authorized representative finds that the violation has not been abated, he shall immediately order a cessation of surface coal mining and reclamation operations or the portion thereof relevant to the violation. Such cessation order shall remain in effect until the Secretary or his authorized representative determines that the violation has been abated, or until modified, vacated, or terminated by the Secretary or

91 STAT. 505

Waiver.

Notice.

Cessation order.

Affirmative obligations, imposition.

Notice and hearing. Ante, p. 468. Ante, p. 471.

Cessation order.

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Page:United States Statutes at Large Volume 91.djvu/540

 91 STAT. 506

Permits, suspension or revocation. Ante, p. 468. Ante, p. 471.

Hearing.

Notices and orders, contents.

Expiration date. Hearing.

Inadequate State enforcement. Notice and hearing.

PUBLIC LAW 95-87—AUG. 3, 1977 his authorized representative pursuant to subparagraph (a)(5) of this section. In the order of cessation issued by the Secretary under this subsection, the Secretary shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include the necessary measures in the order. (4) When, on the basis of a Federal inspection which is carried out during the enforcement of a Federal program or a Federal lands program, Federal inspection pursuant to section 502 or section 504 or during Federal enforcement of a State program in accordance with subsection (b) of this section, the Secretary or his authorized representative determines that a pattern of violations of any requirements of this Act or any permit conditions required by this Act exists or has existed, and if the Secretary or his authorized representative also find that such violations are caused by the unwarranted failure of the permittee to comply with any requirements of this Act or any permit conditions, or that such violations are willfully caused by the permittee, the Secretary or his authorized representative shall forthwith issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide opportunity for a public hearing. If a hearing is requested the Secretary shall inform all interested parties of the time and place of the hearing. Upon the permittee's failure to show cause as to why the permit should not be suspended or revoked, the Secretary or his authorized representative shall forthwith suspend or revoke the permit. (5) Notices and orders issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the surface coal mining and reclamation operation to which the notice or order applies. Each notice or order issued under this section shall be given promptly to the permittee or his agent by the Secretary or his authorized representative who issues such notice or order, and all such notices and orders shall be in writing and shall be signed by such authorized representatives. Any notice or order issued pursuant to this section may be modified, vacated, or terminated by the Secretary or his authorized representative. A copy of any such order or notice shall be sent to the State regulatory authority in the State in which the violation occurs: Provided, That any notice or order issued pursuant to this section which requires cessation of mining by the operator shall expire within thirty days of actual notice to the operator unless a public hearing is held at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of public hearing. (b) Whenever on the basis of information available to him, the Secretary has reason to believe that violations of all or any part of an approved State program result from a failure of the State to enforce such State program or any part thereof effectively, he shall after public notice and notice to the State, hold a hearing thereon in the State within thirty days of such notice. If as a result of said hearing the Secretary finds that there are violations and such violations result from a failure of the State to enforce all or any part of the State program effectively, and if he further finds that the State has not adequately demonstrated its capability and intent to enforce such State program, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Secretary that it will enforce this Act, the Secretary shall enforce, in the manner provided by this Act, any permit condition required under this Act, shall issue new or revised permits in accordance with

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Page:United States Statutes at Large Volume 91.djvu/541

 PUBLIC LAW 95-87—AUG. 3, 1977 requirements of this Act, and may issue such notices and orders as are necessary for compliance therewith: Provided, That in the case of a State permittee who has met his obligations under such permit and who did not willfully secure the issuance of such permit through fraud or collusion, the Secretary shall give the permittee a reasonable time to conform ongoing surface mining and reclamation to the requirements of this Act before suspending or revoking the State permit. (c) The Secretary may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the surface coal mining and reclamation operation is located or in which the permittee thereof has his principal office, whenever such permittee or his agent (A) violates or fails or refuses to comply with any order or decision issued by the Secretary under this Act, or (B) interferes with, hinders, or delays the Secretary or his authorized representatives in carrying out the provisions of this Act, or (C) refuses to admit such authorized representative to the mine, or (D) refuses to permit inspection of the mine by such authorized representative, or (E) refuses to furnish any information or report requested by the Secretary in furtherance of the provisions of this Act, or (F) refuses to permit access to, and copying of, such records as the Secretary determines necessary in carrying out the provisions of this Act. Such court shall have jurisdiction to provide such relief as may be appropriate. Temporary restraining orders shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure, as amended. Any relief granted by the court to enforce an order under clause (A) of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this title, unless, prior thereto, the district court granting such relief sets it aside or modifies it. (d) As a condition of approval of any State program submitted pursuant to section 503 of this Act, the enforcement provisions thereof shall, at a minimum, incorporate sanctions no less stringent than those set forth in this section, and shall contain the same or similar procedural requirements relating thereto. Nothing herein shall be construed so as to eliminate any additional enforcement rights or procedures which are available under State law to a State regulatory authority but which are not specifically enumerated herein.

91 STAT. 507

Civil action.

Jurisdiction. Temporary restraining orders. 28 USC app.

Sanctions. Ante, p. 470.

DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL M I N I N G

SEC. 522. (a)(1) To be eligible to assume primary regulatory State planning authority pursuant to section 503, each State shall establish a plan- process, ning process enabling objective decisions based upon competent and establishment. scientifically sound data and information as to which, if any, land areas 30 USC 1272. of a State are unsuitable for all or certain types of surface coal mining operations pursuant to the standards set forth in paragraphs (2) and (3) of this subsection but such designation shall not prevent ^^ mineral exploration pursuant to the Act of any area so designated. (2) Upon petition pursuant to subsection (c) of this section, the State regulatory authority shall designate an area as unsuitable for all or certain types of surface coal mining operations if the State regulatory authority determines that reclamation pursuant to the requirements of this Act is not technologically and economically feasible. (3) Upon petition pursuant to subsection (c) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will—

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Page:United States Statutes at Large Volume 91.djvu/542

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 508 ,«

State process, requirements.

Notice and hearing.

Savings provision.

Federal lands.

Area withdrawal.

Ante, p. 471.

Petition.

Notice and hearing.

(A) be incompatible with existing State or local land use plans or programs; or (B) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; or (C) affect renewable resource lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products, and such lands to include aquifers and aquifer recharge areas; or (D) aft'ect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. (4) To comply with this section, a State must demonstrate it has developed or is developing a process which includes— (A) a State agency responsible for surface coal mining lands (B) a data base and an inventory system which will permit proper evaluation of the capacity of different land areas of the State to support and permit reclamation of surface coal mining operations; (C) a method or methods for implementing land use planning decisions concerning surface coal mining operations; and (D) proper notice, opportunities for public participation, including a public hearing prior to making any designation or redesignation. pursuant to this section. (5) Determinations of the unsuitability of land for surface coal mining, as provided for in this section, shall be integrated as closely as possible with present and future land use planning and regulation process'^s at the Federal, State, and local levels. (6) The requirements of this section shall not apply to lands on which surface coal mining operations are being conducted on the date of enactment of this Act or under a permit issued pursuant to this Act, or where substantial legal and financial commitments in such operation were in ex'stence prior to January 4, 1977. (b) The Secretary shall conduct a review of the Federal lands to determine, pursuant to the standards set forth in paragraphs (2) and (3) of subsection (a) of this section, whether there are areas on Federal lands which are unsuitable for all or certain types of surface coal mining operations: Provided, hotoerer. That the Secretary may permit surface coal mininqr on Federal lands prior to the completion of t^ is review. When the Secretary determines an area on Federal lands to be unsuitable for all or certain types of surface coal mining operations, he shall withdraw such area or condition any mineral leasing or mineral entres in a manner so as to limit surface coal mining operations '^n such area. Where a Federal projjram has been implemented in a State pursuant to section 504, the Secretary shall implement a process for designation of areas unsuitable for surface coal mining for non-Federal lands within such State and such proce'ss shall incorporate the standards and procedures of this section. Prior to designating Foder^il lands unsuitable for such mining, the Secretary shall consult with the appropriate State and local agencies. (c) Any person havino- an interest which is or may be adversely affected shall have the right to petition the regulatory authority to have an area designated a« unsuitable for surface coal mining operations, or to have such a desiomation terminated. Such a petition shall contain aileo-a^^ions of fac^s with supporting evidence which would tend to establish the allegations. Within ten months after receipt of the petition the regulatory authority shall hold a public hearing in the
 * review;

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Page:United States Statutes at Large Volume 91.djvu/543

 PUBLIC LAW 95-87—AUG. 3, 1977 locality of the affected area, after appropriate notice and publication of the date, time, and location of such hearing. After a person having an interest which is or may be adversely affected has filed a petition and before the hearing, as required by this subsection, any person may intervene by filing allegations of facts with supporting evidence which would tend to establish the allegations. Within sixty days after such hearing, the regulatory authority shall issue and furnish to the petitioner and any other party to the hearing, a written decision regarding the petition, and the reasons therefore. In the event that all the petitioners stipulate agreement prior to the requested hearing, and withdraw their request, such hearing need not be held. (d) Prior to designating any land areas as unsuitable for surface coal mining operations, the regulatory authority shall prepare a detailed statement on (i) the potential coal resources of the area, (ii) the demand for coal resources, and (iii) the impact of such designation on the environment, the economy, and the supply of coal. (e) After the enactment of this Act and sulsject to valid existing rights no surface coal mining operations except those which exist on the date of enactment of this Act shall be permitted— (1) on any lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act and National Recreation Areas designated by Act of Congress; (2) on any Federal lands within the boundaries of any national forest: Provided, however, That surface coal mining operations . may be permitted on such lands if the Secretary finds that there are no significant recreational, timber, economic, or other values which may be incompatible with such surface mining operations and— (A) surface operations and impacts are incident to an underground coal mine; or (B) where the Secretary of Agriculture determines, with respect to lands which do not have significant forest cover within those national forests west of the 100th meridian, that surface mining is in compliance with the Multiple-Use Sustained-Yield Act of 1960, the Federal Coal Leasing Amendments Act of 1975, the National Forest Management Act of 1976, and the provisions of this Act: And 'provided further, That no surface coal mining operations may be permitted within the boundaries of the Custer National Forest; (3) which will adversely affect any publicly owned park or places included in the National Register of Historic Sites unless approved jointly by the regulatory authority and the Federal, State, or local agency with jurisdiction over the park or the historic site; (4) within one hundred feet of the outside right-of-way line of any public road, except where mine access roads or haulage roads join such right-of-way line and except that the regulatory authority may permit such roads to be relocated or the area affected to lie within one hundred feet of such road, if after public notice and opportunity for public hearing in the locality a written finding affected thereby will be protected; or (5) within three hundred feet from any occupied dwelling, unless waived by the owner thereof, nor within three hundred
 * . is made that the interests of the public and the landowners

91 STAT. 509 Intervention.

Decision.

Statement.

Certain Federal, public and private lands,, mining prohibition.

16 USC 1276.

16 USC 528 note. 30 USC 181 note. 16 USC 1600 note.

Notice and hearing.

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Page:United States Statutes at Large Volume 91.djvu/544

 91 STAT. 510

PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 feet of any public building, school, church, community, or institutional building, public park, or within one hundred feet of a cemetery. FEDERAL LANDS

Program implementation. 30 USC 1273.

Post, p. 523.

30 USC 201.

contracts.

States, cooperative agreement.

Ante, p. 468.

SEC. 523. (a) No later than one year after the date of enactment of this Act, the Secretary shall promulgate and implement a Federal lands program which shall be applicable to all surface coal mining and reclamation operations taking place pursuant to any Federal law on any Federal lands: Provided, That except as provided in section 710 the provisions of this Act shall not be applicable to Indian lands. The Federal lands program shall, at a minimum, incorporate all of the requirements of this Act and shall take into consideration the diverse physical, climatological, and other unique characteristics of the Federal lands in question. Where Federal lands in a State with an approved State program are involved, the Federal lands program shall, at a minimum, include the requirements of the approved State program: Provided, That the Secretary shall retain his duties under sections 2 (a), (2)(B) and 2 (a)(3) of the Federal Mineral l e a s i n g Act, as amended, and shall continue to be responsible for designation of Federal lands as unsuitable for mining in accordance with section 522(b) of this title. (b) The requirements of this Act and the Federal lands program or an approved State program for State regulation of surface coal mining on Federal lands under subsection (c), whichever is applicable, shall be incorporated by reference or otherwise in any Federal mineral lease, permit, or contract issued by the Secretary which may involve surface coal mining and reclamation operations. Incorporation of such requirements shall not, however, limit in any way the authority of the Secretary to subsequently issue new regulations, revise the Federal lands program to deal with changing conditions or changed technology, and to require any surface mining and reclamation operations to conform with the requirements of this Act and the regulations issued pursuant to this Act. (c) Any State with an approved State program may elect to enter into a cooperative agreement with the Secretary to provide for State regulation of surface coal mining and reclamation operations on Federal lands within the State, provided the Secretary determines in writing that such State has the necessary personnel and funding to fully implement such a cooperative agreement in accordance with the provision of this Act. States with cooperative agreements existing on the date of enactment of this Act, may elect to continue regulation on Federal lands within the State, prior to approval by the Secretary of their State program, or imposition of a Federal program, provided that such existing cooperative agreement is modified to fully comply with the initial regulatory procedures set forth in section 502 of this Act. Nothing in this subsection shall be construed as authorizing the Secretary to delegate to the States his duty to approve mining plans on Federal lands, to designate certain Federal lands as unsuitable for surface coal mining pursuant to section 522 of this Act, or to regulate other activities taking place on Federal lands. (d) The Secretary shall develop a program to assure that with respect to the g r a n t i n g of permits, leases, or contracts for coal owned by the United States, that no class of purchasers of the mined coal shall be unreasonably denied purchase thereof.

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Page:United States Statutes at Large Volume 91.djvu/545

 PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 PUBLIC AGENCIES, PUBLIC UTILITIES, AND PUBLIC

91 STAT. 511

CORPORATIONS

SEC. 524. Any agency, unit, or instrumentality of Federal, State, Compliance. or local government, including any publicly owned utility or publicly 30 USC 1274. owned corporation of Federal, State, or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of this Act shall comply with the provisions of title V. REVIEW BY SECRETARY

SEC. 525. (a)(1) A permittee issued a notice or order by the Secretary pursuant to the provisions of subparagraphs (a)(2) and (3) of section 521 of this title, or pursuant to a Federal program or the Federal lands program or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Secretary for review of the notice or order within t h i r t y days of receipt thereof or within t h i r t y days of its modification, vacation, or termmation. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The tiling of an application for review under this subsection shall not operate as a stay of any order or notice. (2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. (b) Upon receiving the report of such investigation, the Secretary shall make findings of fact, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate his findings therein. Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to the provisions of subparagraph (a)(2) or (a)(3) of section 521 of this title, the Secretary shall issue the written decision within t h i r t y days of the receipt of the application for review, unless temporary relief has been granted by the Secretary pursuant to subparagraph (c) of this section or by the court pursuant to subparagraph (c) of section 526 of this title. (c) P e n d i n g completion of the investigation and hearing required by this section, the applicant may file with the Secretary a written request that the Secretary g r a n t temporary relief from any notice or order issued under section 521 of this title, a Federal program or the Federal lands program together with a detailed statement giving reasons for g r a n t i n g such relief. The Secretary shall issue an order or decision g r a n t i n g or denying such relief expeditiously: Provided, That where the applicant requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to subparagraph (a)(2) or (a)(3) of section 521 of this title, the order or decision on such a request shall be issued within five days of its receipt. The Secretary may g r a n t such relief, under such conditions as he may prescribe, if—

30 USC 1275.

Investigation. Hearing.

Notice.

Findings of fact. Decision.

Temporary relief, Order or decision.

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Page:United States Statutes at Large Volume 91.djvu/546

 91 STAT. 512 Hearing.

Notice and hearing.

Decision.

Costs, assessment.

PUBLIC LAW 95-87—AUG. 3, 1977 (1) a hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be h e a r d; '. (2) the applicant shows that there is substantial likelihood that the findings of the Secretary will be favorable to h i m; and , (3) such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental h a r m to land, air, or water resources. (d) Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to section 521, the Secretary shall hold a public hearing after giving written notice of the time, place, and date thereof. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. W i t h i n sixty days following the public hearing, the Secretary shall issue and furnish to the permittee and all other parties to thfj hearing a written decision, and the reasons therefor, concerning suspension or revocation of the permit. If the Secretary revokes the permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall complete reclamation within a period specified by the Secretary, or the Secretary shall declare as forfeited the performance bonds for the operation. (e) Whenever an order is issued under this section, or as a result of any administrative proceeding under this Act, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary to have been T'easonably incurred by such person for or in connection with his participation in such proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review or the Secretary, resulting from administrative proceedings, deems proper. .

30 USC 1276.

Ante, pp. 467, 486, 495.

Petition.

JUDICIAL REVIEW

•

.

SEC. 526. (a)(1) Any action of the Secretary to approve or disapprove a State program or to prepare or promulgate a Federal program pursuant to this Act shall be subject to judicial review by the United States District Court for the District which includes the capital of the State whose program is at issue. Any action by the Secretary promulgating national rules or regulations including standards pursuant to sections 501, 515, 516, and 523 shall be subject to judicial review in the United States District Court for the District of Columbia Circuit. Any other action constituting rulemaking by the Secretary shall be subject to judicial review only by the United States District Court for the District in which the surface coal mining operation is located. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed in the appropriate Court within sixty days from the date of such action, or after such date if the petition is based solely on grounds arising after the sixtieth day. Any such petition may be made by any person who participated in the administrative proceedings and who is aggrieved by the action of the Secretary. (2) Any order or decision issued by the Secretary in a civil penalty proceeding or any other proceeding required to be conducted pursuant to 5 U.S.C. § 554 (1970) shall be subject to judicial review on or before 30 days from the date of such order or decision in accordance with subsection (b) of this section in the United States District Court for

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Page:United States Statutes at Large Volume 91.djvu/547

 91 STAT. 513

PUBLIC LAW 95-87—AUG. 3, 1977 the district in which the surface coal mining operation is located. In the case of a proceeding to review an order or decision issued by the Secretary under the penalty section of this Act, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment. This availability of review established in this subsection shall not be construed to limit the operations of rights established in Section 520. (b) The court shall hear such petition or complaint solely on the record made before the Secretary. Except as provided in subsection (a), the findings of the Secretary if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the Secretary for such further action as it may direct. (c) In the case of a proceeding to review any order or decision issued by the Secretary under this Act, including an order or decision issued pursuant to subparagraph (c) or (d) of section 525 of this title pertaining to any order issued under subparagraph (a)(2), (a)(3), or (a) (4) of section 521 of this title for cessation of coal mining and reclanuition operations, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if— (1) all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the (3) such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources. (d) The commencement of a proceeding under this section shall not, uidess specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary. (e) Action of the State regulatory authority pursuant to an approved State program shall be subject to judicial review by a court of competent jurisdiction in accordance with State law, but the availability of such review shall not be construed to limit the operation of the rights established in section 520 except as provided therein. SL'KCIAL B r r U M I N O U S COAL M I N E S
 * final determination of the proceeding; and

Jurisdiction,

Temporary relief,

Notice and hearing.

.,.

SEC. 527. (a) The regulatory authority is authorized to issue sep- Regulations. arate regulations for those special bituminous coal surface mines 30 USC 1277. located west of the 100th meridian west longitude which meet the following criteria: (1) the excavation of the specific mine pit takes place on the ., same relatively limited site for an extended period of time; . (2) the excavation of the specific mine pit follows a coal seam < having an inclination of fifteen degrees or more from the horizontal, and continues in the same area proceeding downward with ., lateral expansion of the pit necessary to maintain stability or as I necessary to accommodate the orderly expansion of the total minf: ing operation; (3) the excavation of the specific mine pit involves the mining „ of more than one coal seam and mining has been initiated on the deepest coal seam contemplated to be mined in the current operation; (4) the amount of material removed is large in proportion to the surface area disturbed: >.«>. -;.. -

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Page:United States Statutes at Large Volume 91.djvu/548

 91 STAT. 514 •

PUBLIC LAW 95-87—AUG. 3, 1977

' '

(5) there is no practicable alternative method of mining the coal involved; (6) there is no practicable method to reclaim the land in the manner required by this Act; and (7) the specific mine pit has been actually producing coal since January 1, 1972, in such manner as to meet the criteria set forth in this section, and, because of past duration of mining, is substantially committed to a mode of operation which warrants exceptions to some provisions of this title. New bituminous (b) Such separate regulations shall also contain a distinct part to coal mines. cover and pertain to new bituminous coal surface mines which may be developed after the date of enactment of this Act on lands immediately adjacent to lands upon which are located special bituminous mines ': existing on January 1, 1972. Such new mines shall meet the criteria of section 527(a) except for subparagraphs (3) and (7), and all requirements of State law, notwithstanding in whole or part the regulations issued pursuant to subsection (c) of this section. In the event of an amendment or revision to the State's regulatory program, regulations, or decisions made thereunder governing such mines, the Secretary shall issue such additional regulations as necessary to meet the purposes of this Act. (c) Such alternative regulations may pertain only to the standards governing onsite handling of spoils, elimination of depressions capable of collecting water, creation of impoundments, and regrading to the approximate original contour and shall specify that remaining highwalls are stable. All other performance standards in this title shall apply to such mines. SURFACE MINING OPERATIONS NOT SUBJECT TO THIS ACT

30 USC 1278.

SEC. 528. The provisions of this Act shall not apply to any of the following activities: (1) the extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; (2) the extraction of coal for commercial purposes where the surface mining operation affects two acres or less; and (3) the extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction under regulations established by the regulatory authority. ANTHRACITE

Regulations. 30 USC 1279.

Ante, pp. 486, 495. Ante, pp. 479, 501.

COAL

MINES

SEC. 529. (a) The Secretary is hereby authorized to and shall issue separate regulations according to time schedules established in the Act for anthracite coal surface mines, if such mines are regulated by environmental protection standards of the State in which they are located. Such alternative regulations shall adopt, in each instance, the environmental protection provisions of the State regulatory program in existence at the date of enactment of this Act in lieu of sections 515 and 516. Provisions of sections 509 and 519 are applicable except for specified bond limits and period of revegetation responsibility. All ither provisions of this Act apply and the regulation issued by the Secretary of Interior for each State anthracite regulatory program shall so reflect: Provided, however, That upon amendment of a State's regulatory program for anthracite mining or regulations thereunder in force in lieu of the above-cited sections of this Act, the Secretary shall issue such additional regulations as necessary to meet the purposes of this Act.

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Page:United States Statutes at Large Volume 91.djvu/549

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 515

(b) The Secretary of Interior shall report to Congress biennially, commencing on December 31, 1977, as to the effectiveness of such State anthracite regulatory programs operating in conjunction with this Act with respect to protecting the environment and such reports shall include those recommendations the Secretary deems necessary for program changes in order to better meet the environmental protection objectives of this Act.

Biennial report to Congress.

TITLE VI—DESIGNATION O F LANDS UNSUITABLE FOR NONCOAL MINING DESIGNATION

PROCEDURES

SEC. 601. (a) With respect to Federal lands within any State, the Secretary of Interior may, and if so requested by the Governor of such State shall, review any area within such lands to assess whether it may be unsuitable for mining operations for minerals or materials other than coal, pursuant to the criteria and procedures of this section. (b) An area of Federal land may be designated under this section as unsuitable for mining operations if (1) such area consists of Federal land of a predominantly urban or suburban character, used primarily for residential or related purposes, the mineral estate of which remains in the public domain, or (2) such area consists of Federal land where mining operations would have an adverse impact on lands used primarily for residential or related purposes. (c) Any person having an interest which is or may be adversely affected shall have the right to petition the Secretary to seek exclusion of an area from mining operations pursuant to this section or the redesignation of an area or part thereof as suitable for such operations. Such petition shall contain allegations of fact with supporting evidence which would tend to substantiate the allegations. The petitioner shall be granted a hearing within a reasonable time and finding with reasons therefor upon the matter of their petition. In any instance where a Governor requests the Secretary to review an area, or where the Secretary finds the national interest so requires, the Secretary may temporarily withdraw the area to be reviewed from mineral entry or leasing pending such review: Provided, however, That such temporary withdrawal be ended as promptly as practicable and in no event shall exceed two years. (d) In no event is a land area to be designated unsuitable for mining operations under this section on which mining operations are being conducted prior to the holding of a hearing on such petition in accordance with subsection (c) hereof. Valid existing rights shall be preserved and not affected by such designation. Designation of an area as unsuitable for mining operations under this section shall not prevent subsequent mineral exploration of such area, except that such exploration shall require the prior written consent of the holder of the surface estate, which consent shall be filed with the Secretary. The Secretary may promulgate, with respect to any designated area, regulations to minimize any adverse effects of such exploration. (e) Prior to any designation pursuant to this section, the Secretary shall prepare a detailed statement on (i) the potential mineral resources of the area, (ii) the demand for such mineral resources, and (iii) the impact of such designation or the absence of such designation on the environment, economy, and the supply of such mineral resources. (f) When the Secretary designates an area of Federal lands as unsuitable for all or certain types of mining operations for minerals

Review. 30 USC 1281.

Exclusion petition.

Hearing. Temporary land withdrawal.

Rights, preservation.

Regulations.

Statement.

Area withdrawal.

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Page:United States Statutes at Large Volume 91.djvu/550

 91 STAT. 516

PUBLIC LAW 95-87—AUG. 3, 1977

j..,

... -u and materials other than coal pursuant to this section he may withdraw such area from mineral entry or leasing, or condition such entry or leasing so as to limit such mining operations in accordance with his determination, if the Secretary also determines, based on his analysis pursuant to subsection 601(e), that the benefits resulting from such designation would be greater than the benefits to the regional or national economy which could result from mineral development of such area. Appeal. (g) Any party with a valid legal interest who has appeared in the proceedings in connection with the Secretary's determination pursuant to this section and who is aggrieved by the Secretary's decision (or by his failure to act within a reasonable time) shall have the right of appeal for review by the United States district court for the district in which the pertinent area is located. TITLE VII—ADMINISTRATIVE AND PROVISIONS
 * - •.^•:. i::v-

30 USC 1291.

DEFINITIONS

MISCELLANEOUS •'.^•;'.'.

SEC. 701. For the purposes of this Act— (1) "alluvial valley floors" means the unconsolidated stream laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from ..'sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation and windblown deposits; (2) "approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land - prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the regulatory authority determines that they are in compliance Ante, p. 486. with section 515(b)(8) of this Act; (3) "commerce" means trade, traffic, commerce, transportation, -• transmission, or communication among the several States, or between a State and any other place outside thereof, or between points in the same State which directly or indirectly affect inter' • state commerce; (4) "Federal lands" means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands: Provided, That for the purposes of this Act lands ., or mineral interests east of the one hundredth meridian west longitude owned by the United States and entrusted to or managed by the Tennessee Valley Authority shall not be subject to sections 714 (Surface Owner Protection) and 715 (Federal Lessee Pro, tection) of this Act. (5) "Federal lands program" means a program established by the Secretary pursuant to section 523 to regulate surface coal mining and reclamation operations on Federal lands;
 * ....,,•_ i^

(6) "Federal program" means a program established by the Ante, p. 471. ^ i Secretary pursuant to section 504 to regulate surface coal mining

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Page:United States Statutes at Large Volume 91.djvu/551

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 517

and reclamation operations on lands within a State in accordance with the requirements of this Act; (7) "fund" means the Abandoned Mine Keclamation Fund established pursuant to section 401; _ Ante, p. 456. (8) "imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation > ',.-' of a permit or other requirement of this Act in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement; (9) "Indian lands" means all lands, including mineral interests, within the exterior boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent, and including rightsof-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe; (10) "Indian tribe" means any Indian tribe, band, group, or community having a governing body recognized by the Secretary; (11) "lands within any State" or "lands within such State" means all lands within a State other than Federal lands and Indian lands; (12) "Office" means the Office of Surface Mining Eeclamation and Enforcement established pursuant to title II; ^"^^' P- ^^• (13) "operator" means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred and fifty tons of coal from the earth by coal mining within twelve consecutive calendar months in any one location; (14) "other minerals" means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any other solid material or substances of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and those minerals which occur naturally in liquid or gaseous form; (15) "permit" means a permit to conduct surface coal mining and reclamation operations issued by the State regulatory authority pursuant to a State program or by the Secretary pursuant to a Federal program; (16) "permit applicant" or "applicant" means a person applying for a permit; (17) "permit area" means the area of land indicated on the approved map submitted by the operator with his application, which area of land shall be covered by the operator's bond as required by section 509 of this Act and shall be readily identifiable Ante, p. 479. by appropriate markers on the site; (18) "permittee" means a person holding a permit; (19) "person" means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other business organization; (20) the term "prime farmland" shall have the same meaning as that previously prescribed 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

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Page:United States Statutes at Large Volume 91.djvu/552

 91 STAT. 518

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^ "f

Ante, p. 478.

Ante, p. 470.

- '

Ante, p. 495.

Ante, p. 483.

PUBLIC LAW 95-87—AUG. 3, 1977 which historically have been used for intensive agricultural purposes, and as published in the Federal Register. (21) "reclamation plan" means a plan submitted by an applicant for a permit under a State program or Federal program which sets forth a plan for reclamation of the proposed surface coal mining operations pursuant to section 608; (22) "regulatory authority" means the State regulatory authority where the State is administering this Act under an approved State program or the Secretary where the Secretary is administering this Act under a Federal program; (23) "Secretary" means the Secretary of the Interior, except where otherwise described; (24) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam; (25) "State program" means a program established by a State pursuant to section 503 to regulate surface coal mining and reclamation operations, on lands within such State in accord with the requirements of this Act and regulations issued by the Secretary pursuant to this Act; (26) "State regulatory authority" means the department or agency in each State which has primary responsibility at the State level for administering this Act; (27) "surface coal mining and reclamation operations" means surface mining operations and all activities necessary and incident to the reclamation of such operations after the date of enactment of this Act; (28) "surface coal mining operations" means— (A) activities conducted on the surface of lands in connection with a surface coal mine or subject to the requirements of section 516 surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal for interstate commerce at or near the mine site: Provided, however, That such -V activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16% per centum of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to section 512 of this Act; and (B) the areas upon which such activities occur or where such activities disturb the natural land surface. Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entry ways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited struc-

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Page:United States Statutes at Large Volume 91.djvu/553

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 519

tures, facilities, or other property or materials on the surface, resulting from or incident to such activities; and (29) "unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of his permit or any requirement of this Act due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the Act due to indifference, lack of diligence, or lack of reasonable care; (30) "lignite coal" means consolidated lignitic coal having less than 8,300 British thermal units per pound, moist and mineral matter free; (31) the term "coal laboratory", as used in title VIII, means a university coal research laboratory established and operated pursuant to a designation made under section 801 of this Act; (32) the term "institution of higher education" as used in titles VIII and IX, means any such institution as defined by section 1201 (a) of the Higher Education Act of 1968. 20 USC 1141.

OTHER FEDERAL LAWS

SEC. 702. (a) Nothing in this Act shall be construed as superseding, amending, modifying, or repealing the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a), the National Environmental Policy Act of 1969 (42 U.S.C. 4321-47), or any of the following Acts or with any rule or regulation promulgated thereunder, including, but not limited to— (1) The Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 721-740). (2) The Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742). (3) The Federal Water Pollution Control Act (79 Stat. 903), as amended (33 U.S.C. 1151-1175), the State laws enacted pursuant thereto, or other Federal laws relating to preservation of water quality. (4) The Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (5) The Solid Waste Disposal Act (42 U.S.C. 3251-3259). (6) The Refuse Act of 1899 (33 U.S.C. 407). (7) The Fish and Wildlife Coordination Act of 1934 (16 U.S.C. 661-666c). (8) The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.). (b) Nothing in this Act shall affect in any way the authority of the Secretary or the heads of other Federal agencies under other provisions of law to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations on land under their jurisdiction. (c) To the greatest extent practicable each Federal agency shall cooperate with the Secretary and the States in carrying out tJie provisions of this Act. (d) Approval of the State programs, pursuant to section 503(b), promulgation of Federal programs, pursuant to section 504, and implementation of the Federal lands programs, pursuant to section 523 of this Act, shall not constitute a major action within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). Adoption of regulations under section 501(b) shall

30 USC 1292.

(

30 USC 801 note

,,.

Cooperation, Ante, p. 470. ^^^te, p. 471.

Ante, p. 467.

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Page:United States Statutes at Large Volume 91.djvu/554

 91 STAT. 520

PUBLIC LAW 95-87—AUG. 3, 1977 constitute a major action within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). EMPLOYEE PROTECTION

Retaliatory practices, prohibition.

30 USC 1293.

Review.

Investigation. Notice and hearing.

Findings of fact, report.

Judicial review.

Costs, assessment.

SEC. 703. (a) No person shall discharge, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this Act, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. (b) Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary for a review of such firing or alleged discrimination. A copy of the application shall be sent to the person or operator who will be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. Upon receiving the report of such investigation the Secretary shall make findings of fact. If he finds that a violation did occur, he shall issue a decision incorporating therein his findings and an order requiring the party committing the violation to take such affirmative action to abate the violation as the Secretary deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his former position with compensation. If he finds that there was no violation, he will issue a finding. Orders issued by the Secretary under this subsection shall be subject to judicial review in the same manner as orders and decisions of the Secretary are subject to judicial review under this Act. (c) Whenever an order is issued under this section to abate any violation, at the request of the applicant a sum equal to the aggregate amount of all costs and expenses (including attorneys' fees) to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the persons committing the violation. PROTECTION

Penalty.

30 USC 1294.

or

GOVERNMENT

EMPLOYEES

SEC. 704. Section 1114, title 18, United States Code, is hereby amended by adding the words "or of the Department of the Interior" after the words "Department of Labor" contained in that section. Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. GRANTS TO THE STATES

30 USC 1295.

'

S E C 705. (a) The Secretary is authorized to make annual grants to any State for the purpose of assisting such State in developing.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/417

 Rh shoulders perform a country dance. Another dancer, the Hobby Horse, wears a wooden horse's head and caparison, a boy carries a crossbow and arrow with which he makes a snapping noise in time to the music. A woman carrying a curious old wooden ladle for money and a clown make up the party. The articles used in the dance are kept in the church-tower in the custody of the vicar of the parish. Dr. Plot, in 1686, mentions this custom, which seems then to have been in temporary abeyance, doubtless owing to the Civil Wars. The dance, according to his account, took place in the Christmas holidays, and the stags' horns were painted with the arms of the landowners. Some traces of the paint still remain. "To the Hobby Horse Dance," he says, "there also belonged a pot, which was kept by Turnes, by 4 or 5 of the cheif of the Town, whom they call'd Reeves, who provided cakes and ale to put in this pot," after the manner apparently of "sops in wine." It was then, I suppose, shared as a "loving-cup" among the spectators. Every well-disposed householder contributed "pence apiece" for himself and his family; and with the levy thus made, together with the contributions of "forraigners that come to see it," was defrayed, first, the cost of the cakes and ale, then the expense of the repairs of the church and the support of the poor. Tradition says that when the money collected was used for these public purposes, the dance was performed in the churchyard on Sunday after service. Now, of course, the dancers have the proceeds for themselves.

Dr. Plot distinctly says that the horns are "Raindeer" horns; and recent visitors have corroborated this. If this be really the case, there seem no limits to our conjectures upon the age and origin of the custom; and at any rate


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Page:United States Statutes at Large Volume 91.djvu/555

 PUBLIC LAW 95-87—AUG. 3, 1977 administering, and enforcing State programs under this Act. Except as provided in subsection (c) of this section, such grants shall not exceed 80 per centum of the total costs incurred during the first year, 60 per centum of total costs incurred during the second year, and 50 per centum of the total costs incurred during each year thereafter. (b) The Secretary is authorized to cooperate with and provide assistance to any State for the purpose of assisting it in the development, administration, and enforcement of its State programs. Such cooperation and assistance shall include— (1) technical assistance and training including provision of necessary curricular and instruction materials, in the development, administration, and enforcement of the State programs; and (2) assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation operations for each State for the purposes of evaluating the effectiveness of the State programs. Such assistance shall include all Federal departments and agencies making available data relevant to surface coal mining and reclamation operations and to the development, administration, and enforcement of State programs concerning such operations. (c) If, in accordance v^^ith section 523(d) of this Act, a State elects to regulate surface coal mining and reclamation operations on Federal lands, the Secretary may increase the amount of the annual grants under subsection (a) of this section by an amount which he determines is approximately equal to the amount the Federal Government would have expended for such regulation if the State had not made such election.

91 STAT. 521

State programs, assistance.

Annual grants,, increase.

A N N U A L REPORT

SEC. 706. The Secretary shall submit annually to the President and the Congress a report concerning activities conducted by him, the Federal Government, and the States pursuant to this Act. Among other matters, the Secretary shall include in such report recommendations for additional administrative or legislative action as he deems necessary and desirable to accomplish the purposes of this Act.

Annual report to President and Congress. 30 USC 1296.

SEVERABILITY

SEC. 707. If any provision of this Act or the applicability thereof 30 USC 1297. to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. ALASKAN SURFACE COAL M I N E

STUDY

SEC. 708. (a) The Secretary is directed to contract to such extent or in such amounts as are provided in advance in appropriation Acts with the National Academy of Sciences-National Academy of Engineering for an in-depth study of surface coal mining conditions in the State of Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to surface coal mining operations in Alaska. (b) The Secretary shall report on the findings of the study to the President and Congress no later than two years after the date of enactment of this Act. (c) The Secretary shall include in his report a draft of legislation to implement any changes recommended to this Act.

Contract. 30 USC 1298.

Report to President and Congress. Draft legislation.

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Page:United States Statutes at Large Volume 91.djvu/556

 91 STAT. 522 Modifications.

Publication in Federal Register. Hearing.

Interim regulations. Ante, p. 467.

Appropriation authorization.

PUBLIC LAW 95-87—AUG. 3, 1977 (d) Until one year after the Secretary has made this report to the President and Congress, or three years after the date of enactment of this Act, whichever comes first, the Secretary is authorized to modify the applicability of any environmental protection provision of this Act, or any regulation issued pursuant thereto, to any surface coal mining operation in Alaska from which coal has been mined during the year preceding enactment of this Act if he determines that it is necessary to insure the continued operation of such surface coal mining operation. The Secretary may exercise this authority only after he has (1) published notice of proposed modification in the Federal Register and in a newspaper of general circulation in the area of Alaska in which the affected surface coal mining operation is located, and (2) held a public hearing on the proposed modification in Alaska. (e) In order to allow new mines in Alaska to continue orderly development, the Secretary is authorized to issue interim regulations pursuant to section 501(b) including those modifications to the environmental standards as required based on the special physical, hydrological and climatic conditions in Alaska but with the purpose of protecting the environment to an extent equivalent to those standards for the other coal regions. (f) There is hereby authorized to be appropriated for the purpose of this section $250,000: Provided, That no new budget authority is authorized to be appropriated for fiscal year 1977. STUDY OF RECLAMATION STANDARDS FOR SURFACE M I N I N G OF OTHER MINERALS

Contract.

30 USC 1299.

Legislative recommendations, submittal to President and Congress.

SEC. 709. (a) The Chairman of the Council on Environmental Quality is directed to contract to such extent or in such amounts as are provided in appropriation Acts with the National Academy of Sciences-National Academy of Engineering, other Government agencies or private groups as appropriate, for an in-depth study of current and developing technology for surface and open pit mining and reclamation for minerals other than coal designed to assist in the establishment of effective and reasonable regulation of surface and open pit mining and reclamation for minerals other than coal. The study shall— (1) assess the degree to which the requirements of this Act can be met by such technology and the costs involved; (2) identify areas where the requirements of this Act cannot he met by curi-ent and developing technology; (3) in those instances describe requirements most comparable to those of this Act which could be met, the costs involved, and the differences in reclamation results between these requirements and those of this Act; and (4) discuss alternative regulatory mechanisms designed to insure the achievement of the most beneficial postmining land use for areas affected by surface and open pit mining, (b) The study together with specific legislative recommendations shall be submitted to the President and the Congress no later than eighteen months after the date of enactment of this Act: Provided, That, with respect to surface or open pit mining for sand and gravel the study shall be submitted no later than twelve months after the date of enactment of this Act: Provided further, That with respect to mining for oil shale and tar sands that a preliminary report shall be submitted no later than twelve months after the date of enactment of this Act.

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