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H.R.1603 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Rep. Perkins, Carl Dewey [D-KY-7] (Introduced 01/09/1973)

Summary:
Summary: H.R.1603 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/09/1973)

Title I: Mined Area Protection Act - Asserts that mining operations are essential activities affecting interstate commerce which contribute to the economic well-being, security and general welfare of the Nation. Provides that it is the purpose of this Act to encourage a nationwide effort to regulate mining operations to prevent or substantially reduce their adverse environmental effects and to assist the States in carrying out programs for those purposes.

Title II: Environmental Regulations for Mining Operations - Provides that each State may submit to the Secretary of the Interior for review and approval or disapproval in accordance with this title State environmental regulations for mining operations on all lands within such State, except for federally owned land or land held in trust for Indians. Establishes criteria that, in the Secretary's judgement, such regulations must be in compliance with. Provides that the criteria set forth in this Act shall be further elaborated by the Secretary through guidelines which will be issued within thirty days after the enactment of this Act. Establishes an Advisory Committee, composed of representatives from the Departments of Agriculture and Commerce, the Environmental Protection Agency, the Tennessee Valley Authority and the Appalachian Regional Commission and such other representatives as the Secretary may designate to assist the Secretary in developing guidelines under this title.

Asserts that the Secretary may withdraw his approval of such regulations if he determines that the State has failed to enforce the regulations adequately or has otherwise failed to comply with the purposes of this Act. Requires the Secretary to promptly issue environmental regulations for mining operations in a State if at the expiration of two years after the date of enactment of this Act such State has failed to submit such regulations. Provides for the expiration of Federal regulations if the State subsequently submits regulations which are approved by the Secretary.

Authorizes the Secretary to make such inspections and investigations of mining operations and mining areas as he considers necessary to evaluate the administration and enforcement of any State's regulations. States that at the request of the Secretary, the Attorney General may institute a civil action in a district court of the United States to prevent the operator of a mining operation from engaging in violations under this Act. Authorizes the Secretary to order cessation of a person's mining operations if such person fails to comply with any Federal regulations issued under this title within fifteen days after notice of such failure and such person shall be liable to a civil penalty of not more than $1,000 for each day of continuance of such violation after a fifteen day period. Prescribes a fine up to $10,000 and/or 1 year imprisonment for willful violations of regulations under this title.

Authorizes the Secretary to conduct or promote research or training programs to carry out the purposes of this title. Authorizes the Secretary to make a grant to any State for the purposes of assisting such State in developing, administering, and enforcing environmental regulations under this title. Authorizes to be appropriated to the Secretary such sums as may be necessary to carry out the provisions of this Act.

Title III: Permits the heads of all Federal departments or agencies which have jurisdiction over land on which mining operations are permitted to promulgate environmental regulations to govern such mining operations. Requires such regulations to ensure at least the same degree of protection as is required by any approved State program. Provides that each Federal department and agency shall cooperate with the Secretary and the States to the greatest extent practicable in carrying out the provisions of this Act.

Title IV: Defines 'water pollution activities' as: (1) the pollution of interstate waters, navigable waters of the United States, and ground waters, (2) the pollution of the waters of the contiguous zone of the United States that causes or is likely to cause pollution of the territorial sea of the United States, and (3) the pollution of the waters of the high seas beyond the territorial sea of the United States through discharges which are transferred from or originated in areas over which the United States has sovereignty. Asserts that State and interstate action to abate pollution of the waters mentioned in this title shall be encouraged in waters over which the States have jurisdiction. Provides for the adoption of water quality criteria and plans for the implementation and enforcement of this Act.

Provides that if within sixty days from the date of publication of such regulations the State has not adopted water quality standards the Secretary shall promulgate such standards. Requires the Secretary to promulgate regulations for waters for which the States do not have jurisdiction after a conference with appropriate interested parties.

Authorizes the Secretary to request the Attorney General to bring a suit on behalf of the United States to secure abetement of any water pollution activity if the alleged polluter fails to take remedial action within 180 days after the Secretary has issued notice of such violation. Provides that before the Secretary shall take such action he shall have called a public hearing within 21 days after the alleged polluter, the water pollution control agency, and the interstate agency of the State or States where the pollution originated have been notified.

Authorizes the Secretary to recommend to the appropriate agency or agencies that they require the alleged polluter to take remedial action as determined by the Secretary. Provides that if such action does not occur the Secretary may request the Attorney General to bring a suit on behalf of the United States to secure performance of such action. Authorizes the Secretary to request the Attorney General to institute a suit to enjoin immediately any further discharges causing pollution if he determines that such a pollution source is presenting an imminent and substantial danger to the health and welfare of any person or persons or may cause irreparable damage to the environment or water quality. Provides a penalty for the failure to file any report required by this Act.

Authorizes the Secretary to call a conference of such agency or agencies or foreign countries affected by the water pollution activities in waters described in this title. Asserts that following such conference the Secretary shall prepare and forward to all parties attending a summary of conference discussions.


Major Actions:
Summary: H.R.1603 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/09/1973)

Title I: Mined Area Protection Act - Asserts that mining operations are essential activities affecting interstate commerce which contribute to the economic well-being, security and general welfare of the Nation. Provides that it is the purpose of this Act to encourage a nationwide effort to regulate mining operations to prevent or substantially reduce their adverse environmental effects and to assist the States in carrying out programs for those purposes.

Title II: Environmental Regulations for Mining Operations - Provides that each State may submit to the Secretary of the Interior for review and approval or disapproval in accordance with this title State environmental regulations for mining operations on all lands within such State, except for federally owned land or land held in trust for Indians. Establishes criteria that, in the Secretary's judgement, such regulations must be in compliance with. Provides that the criteria set forth in this Act shall be further elaborated by the Secretary through guidelines which will be issued within thirty days after the enactment of this Act. Establishes an Advisory Committee, composed of representatives from the Departments of Agriculture and Commerce, the Environmental Protection Agency, the Tennessee Valley Authority and the Appalachian Regional Commission and such other representatives as the Secretary may designate to assist the Secretary in developing guidelines under this title.

Asserts that the Secretary may withdraw his approval of such regulations if he determines that the State has failed to enforce the regulations adequately or has otherwise failed to comply with the purposes of this Act. Requires the Secretary to promptly issue environmental regulations for mining operations in a State if at the expiration of two years after the date of enactment of this Act such State has failed to submit such regulations. Provides for the expiration of Federal regulations if the State subsequently submits regulations which are approved by the Secretary.

Authorizes the Secretary to make such inspections and investigations of mining operations and mining areas as he considers necessary to evaluate the administration and enforcement of any State's regulations. States that at the request of the Secretary, the Attorney General may institute a civil action in a district court of the United States to prevent the operator of a mining operation from engaging in violations under this Act. Authorizes the Secretary to order cessation of a person's mining operations if such person fails to comply with any Federal regulations issued under this title within fifteen days after notice of such failure and such person shall be liable to a civil penalty of not more than $1,000 for each day of continuance of such violation after a fifteen day period. Prescribes a fine up to $10,000 and/or 1 year imprisonment for willful violations of regulations under this title.

Authorizes the Secretary to conduct or promote research or training programs to carry out the purposes of this title. Authorizes the Secretary to make a grant to any State for the purposes of assisting such State in developing, administering, and enforcing environmental regulations under this title. Authorizes to be appropriated to the Secretary such sums as may be necessary to carry out the provisions of this Act.

Title III: Permits the heads of all Federal departments or agencies which have jurisdiction over land on which mining operations are permitted to promulgate environmental regulations to govern such mining operations. Requires such regulations to ensure at least the same degree of protection as is required by any approved State program. Provides that each Federal department and agency shall cooperate with the Secretary and the States to the greatest extent practicable in carrying out the provisions of this Act.

Title IV: Defines 'water pollution activities' as: (1) the pollution of interstate waters, navigable waters of the United States, and ground waters, (2) the pollution of the waters of the contiguous zone of the United States that causes or is likely to cause pollution of the territorial sea of the United States, and (3) the pollution of the waters of the high seas beyond the territorial sea of the United States through discharges which are transferred from or originated in areas over which the United States has sovereignty. Asserts that State and interstate action to abate pollution of the waters mentioned in this title shall be encouraged in waters over which the States have jurisdiction. Provides for the adoption of water quality criteria and plans for the implementation and enforcement of this Act.

Provides that if within sixty days from the date of publication of such regulations the State has not adopted water quality standards the Secretary shall promulgate such standards. Requires the Secretary to promulgate regulations for waters for which the States do not have jurisdiction after a conference with appropriate interested parties.

Authorizes the Secretary to request the Attorney General to bring a suit on behalf of the United States to secure abetement of any water pollution activity if the alleged polluter fails to take remedial action within 180 days after the Secretary has issued notice of such violation. Provides that before the Secretary shall take such action he shall have called a public hearing within 21 days after the alleged polluter, the water pollution control agency, and the interstate agency of the State or States where the pollution originated have been notified.

Authorizes the Secretary to recommend to the appropriate agency or agencies that they require the alleged polluter to take remedial action as determined by the Secretary. Provides that if such action does not occur the Secretary may request the Attorney General to bring a suit on behalf of the United States to secure performance of such action. Authorizes the Secretary to request the Attorney General to institute a suit to enjoin immediately any further discharges causing pollution if he determines that such a pollution source is presenting an imminent and substantial danger to the health and welfare of any person or persons or may cause irreparable damage to the environment or water quality. Provides a penalty for the failure to file any report required by this Act.

Authorizes the Secretary to call a conference of such agency or agencies or foreign countries affected by the water pollution activities in waters described in this title. Asserts that following such conference the Secretary shall prepare and forward to all parties attending a summary of conference discussions.


Amendments:
Summary: H.R.1603 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/09/1973)

Title I: Mined Area Protection Act - Asserts that mining operations are essential activities affecting interstate commerce which contribute to the economic well-being, security and general welfare of the Nation. Provides that it is the purpose of this Act to encourage a nationwide effort to regulate mining operations to prevent or substantially reduce their adverse environmental effects and to assist the States in carrying out programs for those purposes.

Title II: Environmental Regulations for Mining Operations - Provides that each State may submit to the Secretary of the Interior for review and approval or disapproval in accordance with this title State environmental regulations for mining operations on all lands within such State, except for federally owned land or land held in trust for Indians. Establishes criteria that, in the Secretary's judgement, such regulations must be in compliance with. Provides that the criteria set forth in this Act shall be further elaborated by the Secretary through guidelines which will be issued within thirty days after the enactment of this Act. Establishes an Advisory Committee, composed of representatives from the Departments of Agriculture and Commerce, the Environmental Protection Agency, the Tennessee Valley Authority and the Appalachian Regional Commission and such other representatives as the Secretary may designate to assist the Secretary in developing guidelines under this title.

Asserts that the Secretary may withdraw his approval of such regulations if he determines that the State has failed to enforce the regulations adequately or has otherwise failed to comply with the purposes of this Act. Requires the Secretary to promptly issue environmental regulations for mining operations in a State if at the expiration of two years after the date of enactment of this Act such State has failed to submit such regulations. Provides for the expiration of Federal regulations if the State subsequently submits regulations which are approved by the Secretary.

Authorizes the Secretary to make such inspections and investigations of mining operations and mining areas as he considers necessary to evaluate the administration and enforcement of any State's regulations. States that at the request of the Secretary, the Attorney General may institute a civil action in a district court of the United States to prevent the operator of a mining operation from engaging in violations under this Act. Authorizes the Secretary to order cessation of a person's mining operations if such person fails to comply with any Federal regulations issued under this title within fifteen days after notice of such failure and such person shall be liable to a civil penalty of not more than $1,000 for each day of continuance of such violation after a fifteen day period. Prescribes a fine up to $10,000 and/or 1 year imprisonment for willful violations of regulations under this title.

Authorizes the Secretary to conduct or promote research or training programs to carry out the purposes of this title. Authorizes the Secretary to make a grant to any State for the purposes of assisting such State in developing, administering, and enforcing environmental regulations under this title. Authorizes to be appropriated to the Secretary such sums as may be necessary to carry out the provisions of this Act.

Title III: Permits the heads of all Federal departments or agencies which have jurisdiction over land on which mining operations are permitted to promulgate environmental regulations to govern such mining operations. Requires such regulations to ensure at least the same degree of protection as is required by any approved State program. Provides that each Federal department and agency shall cooperate with the Secretary and the States to the greatest extent practicable in carrying out the provisions of this Act.

Title IV: Defines 'water pollution activities' as: (1) the pollution of interstate waters, navigable waters of the United States, and ground waters, (2) the pollution of the waters of the contiguous zone of the United States that causes or is likely to cause pollution of the territorial sea of the United States, and (3) the pollution of the waters of the high seas beyond the territorial sea of the United States through discharges which are transferred from or originated in areas over which the United States has sovereignty. Asserts that State and interstate action to abate pollution of the waters mentioned in this title shall be encouraged in waters over which the States have jurisdiction. Provides for the adoption of water quality criteria and plans for the implementation and enforcement of this Act.

Provides that if within sixty days from the date of publication of such regulations the State has not adopted water quality standards the Secretary shall promulgate such standards. Requires the Secretary to promulgate regulations for waters for which the States do not have jurisdiction after a conference with appropriate interested parties.

Authorizes the Secretary to request the Attorney General to bring a suit on behalf of the United States to secure abetement of any water pollution activity if the alleged polluter fails to take remedial action within 180 days after the Secretary has issued notice of such violation. Provides that before the Secretary shall take such action he shall have called a public hearing within 21 days after the alleged polluter, the water pollution control agency, and the interstate agency of the State or States where the pollution originated have been notified.

Authorizes the Secretary to recommend to the appropriate agency or agencies that they require the alleged polluter to take remedial action as determined by the Secretary. Provides that if such action does not occur the Secretary may request the Attorney General to bring a suit on behalf of the United States to secure performance of such action. Authorizes the Secretary to request the Attorney General to institute a suit to enjoin immediately any further discharges causing pollution if he determines that such a pollution source is presenting an imminent and substantial danger to the health and welfare of any person or persons or may cause irreparable damage to the environment or water quality. Provides a penalty for the failure to file any report required by this Act.

Authorizes the Secretary to call a conference of such agency or agencies or foreign countries affected by the water pollution activities in waters described in this title. Asserts that following such conference the Secretary shall prepare and forward to all parties attending a summary of conference discussions.


Cosponsors:
Summary: H.R.1603 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/09/1973)

Title I: Mined Area Protection Act - Asserts that mining operations are essential activities affecting interstate commerce which contribute to the economic well-being, security and general welfare of the Nation. Provides that it is the purpose of this Act to encourage a nationwide effort to regulate mining operations to prevent or substantially reduce their adverse environmental effects and to assist the States in carrying out programs for those purposes.

Title II: Environmental Regulations for Mining Operations - Provides that each State may submit to the Secretary of the Interior for review and approval or disapproval in accordance with this title State environmental regulations for mining operations on all lands within such State, except for federally owned land or land held in trust for Indians. Establishes criteria that, in the Secretary's judgement, such regulations must be in compliance with. Provides that the criteria set forth in this Act shall be further elaborated by the Secretary through guidelines which will be issued within thirty days after the enactment of this Act. Establishes an Advisory Committee, composed of representatives from the Departments of Agriculture and Commerce, the Environmental Protection Agency, the Tennessee Valley Authority and the Appalachian Regional Commission and such other representatives as the Secretary may designate to assist the Secretary in developing guidelines under this title.

Asserts that the Secretary may withdraw his approval of such regulations if he determines that the State has failed to enforce the regulations adequately or has otherwise failed to comply with the purposes of this Act. Requires the Secretary to promptly issue environmental regulations for mining operations in a State if at the expiration of two years after the date of enactment of this Act such State has failed to submit such regulations. Provides for the expiration of Federal regulations if the State subsequently submits regulations which are approved by the Secretary.

Authorizes the Secretary to make such inspections and investigations of mining operations and mining areas as he considers necessary to evaluate the administration and enforcement of any State's regulations. States that at the request of the Secretary, the Attorney General may institute a civil action in a district court of the United States to prevent the operator of a mining operation from engaging in violations under this Act. Authorizes the Secretary to order cessation of a person's mining operations if such person fails to comply with any Federal regulations issued under this title within fifteen days after notice of such failure and such person shall be liable to a civil penalty of not more than $1,000 for each day of continuance of such violation after a fifteen day period. Prescribes a fine up to $10,000 and/or 1 year imprisonment for willful violations of regulations under this title.

Authorizes the Secretary to conduct or promote research or training programs to carry out the purposes of this title. Authorizes the Secretary to make a grant to any State for the purposes of assisting such State in developing, administering, and enforcing environmental regulations under this title. Authorizes to be appropriated to the Secretary such sums as may be necessary to carry out the provisions of this Act.

Title III: Permits the heads of all Federal departments or agencies which have jurisdiction over land on which mining operations are permitted to promulgate environmental regulations to govern such mining operations. Requires such regulations to ensure at least the same degree of protection as is required by any approved State program. Provides that each Federal department and agency shall cooperate with the Secretary and the States to the greatest extent practicable in carrying out the provisions of this Act.

Title IV: Defines 'water pollution activities' as: (1) the pollution of interstate waters, navigable waters of the United States, and ground waters, (2) the pollution of the waters of the contiguous zone of the United States that causes or is likely to cause pollution of the territorial sea of the United States, and (3) the pollution of the waters of the high seas beyond the territorial sea of the United States through discharges which are transferred from or originated in areas over which the United States has sovereignty. Asserts that State and interstate action to abate pollution of the waters mentioned in this title shall be encouraged in waters over which the States have jurisdiction. Provides for the adoption of water quality criteria and plans for the implementation and enforcement of this Act.

Provides that if within sixty days from the date of publication of such regulations the State has not adopted water quality standards the Secretary shall promulgate such standards. Requires the Secretary to promulgate regulations for waters for which the States do not have jurisdiction after a conference with appropriate interested parties.

Authorizes the Secretary to request the Attorney General to bring a suit on behalf of the United States to secure abetement of any water pollution activity if the alleged polluter fails to take remedial action within 180 days after the Secretary has issued notice of such violation. Provides that before the Secretary shall take such action he shall have called a public hearing within 21 days after the alleged polluter, the water pollution control agency, and the interstate agency of the State or States where the pollution originated have been notified.

Authorizes the Secretary to recommend to the appropriate agency or agencies that they require the alleged polluter to take remedial action as determined by the Secretary. Provides that if such action does not occur the Secretary may request the Attorney General to bring a suit on behalf of the United States to secure performance of such action. Authorizes the Secretary to request the Attorney General to institute a suit to enjoin immediately any further discharges causing pollution if he determines that such a pollution source is presenting an imminent and substantial danger to the health and welfare of any person or persons or may cause irreparable damage to the environment or water quality. Provides a penalty for the failure to file any report required by this Act.

Authorizes the Secretary to call a conference of such agency or agencies or foreign countries affected by the water pollution activities in waters described in this title. Asserts that following such conference the Secretary shall prepare and forward to all parties attending a summary of conference discussions.


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