Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Bills Search » H.R.2677 — 93rd Congress (1973-1974) - Bills
Search Bills

Browse Bills

93rd (26222)
94th (23756)
95th (21548)
96th (14332)
97th (20134)
98th (19990)
99th (15984)
100th (15557)
101st (15547)
102nd (16113)
103rd (13166)
104th (11290)
105th (11312)
106th (13919)
107th (16380)
108th (15530)
109th (19491)
110th (7009)
111th (19293)
112th (15911)
113th (9767)
H.R.2677 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Rep. Hechler, Ken [D-WV-4] (Introduced 01/23/1973)

Summary:
Summary: H.R.2677 — 93rd Congress (1973-1974)

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

Shown Here:
Introduced in House (01/23/1973)

Environmental Protection and Enhancement Act - States that it is the purpose of this Act to provide for participation by the Federal Government with State and local governments, private individuals, and other interested persons in a comprehensive program to prevent further damage to the lands, waters, and natural resources of the Nation from unregulated or inadequately regulated surface and underground coal mining operations, to stabilize lands damaged by surface coal mining, to promote an effective continuing conservation land-use and management program for the coal mining industry, and to assist any worker adversely affected by this Act.

Provides that this Act shall be administered by the Administrator of the Environmental Protection Agency.

Provides that each coal mining operation, the products of which enter interstate commerce, or the operations or products of which indirectly or directly affect interstate commerce, and each operator of such mining operation, shall be subject to this Act.

Title I: Environmental Protection Coal Mining Limitation - Provides that no surface coal mining shall hereafter be conducted in any area of the national wildlife refuge system, the national park system, or the national forest system. States that no underground coal mining shall be permitted in any designated wilderness area or in any area under study as a wilderness area. Provides that no operator shall begin or renew any surface coal mining operation in any State on or after the effective date of this Act.

States that no operator shall conduct contour surface coal mining operations in any State on and after the effective date of this Act.

Provides that any operator who, on the effective date of this Act, is actively carrying out surface coal mining operations, other than contour surface coal mining, may continue to do so as provided in this Act if such operator obtains a permit under this title within six months after such date, and if the Administrator determines that such mining is not in violation of, or will not result in any violation of, any provision of the Clean Air Act, and does not cause, or will not result in, irrevocable or lasting injury to the public health or welfare, or damaging, flooding, or destruction of agricultural land, or dislocation or disturbance of surface or subsurface streams, or destruction of, or damange to, historic values, or destruction or damage to valuable recreational or wildlife areas, or destruction or damage of contiguous areas.

States that, within two months after the effective date of this Act, no operator shall engage in surface or underground coal mining operations if he has not applied for a permit under the provisions of this Act. Sets forth the requirements for obtaining such permits.

Provides that no permit application shall be approved unless the Administrator finds that the applicable requirements of this title and the rules and regulations adopted thereunder will be observed, and that, in the case of a surface coal mining application, there is probable cause to believe that the stabilization of the area of affected land can be achieved. Provides that a stabilization plan shall accompany every application for a permit for surface coal mining and be made available to the public and be approved in the same manner as a permit. Provides that after a permit application has been approved for surface coal mining but before such a permit is issued, the applicant shall file with the Administrator a bond for performance payable to the United States and conditioned on the operator faithfully performing all the requirements of this Act.

Creates in the Department of the Treasury a revolving fund to be known as the Coal Mine Lands Stabilization Fund. Authorizes to be appropriated to the fund initially the sum of $100,000,000, and such other sums as may thereafter be appropriated by the Congress.

Provides that moneys in the fund may be expended by the Chief of the Corps of Engineers to acquire by purchase, donation, exchange, or otherwise land which has been affected by surface coal mining operations, has not been fully stabilized prior to the effective date of this Act, and has been abandoned or is declared inactive as determined by him. Authorizes the Chief of the Corps of Engineers to stabilize directly or by contract the lands so acquired. Provides for renewal of licenses issued under this Act.

Requires every surface coal mining operator to stabilize the land affected by his mining. Sets forth the required standards for such stabilization. Restricts dumping and the use of explosives on operations authorized under this Act. Requires each mining operator to report to the Administrator on the amount of coal produced, the number of employees, the days worked, the number and location of acres of land mined, number and location of acres of the land stabilized, and a description of the progress made toward the completion of the reclamation plan. Sets forth conditions for the release of bonds filed under this Act. Provides for the periodic inspection of operations authorized under this Act.

Allows any person to commence a civil action on his own behalf: (1) against any person, including the United States, and any other governmental instrumentality or agency, who is alleged to be in violation of this title; or (2) against the Administrator and the Chief of the Corps of Engineers where there is alleged a failure of the Administrator or the Chief to perform any act or duty under this title which is not discretionary with the Administrator or the Chief.

Provides that no Federal agency may enter into any contract for the procurement of goods, materials, and services with any operator who is convicted of any offense under this title to perform such contract at any coal mining operation at which the violation which gave rise to such conviction occurred. States that no person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any employee of a surface mine or any authorized representative thereof by reason of the fact that such employee or representative has: (1) notified the Administrator or his authorized representative of any alleged violation or danger, (2) has filed instituted, or caused to be filed, or (2) instituted, any proceeding under this Act, or (3) testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. Authorizes the Attorney General to apply to the appropriate United States district court for injunctions restraining or enforcing compliance with the provisions of this title. Authorizes actions for damages (including attorney fees) by persons injured by violations of this title. Provides for a civil penalty of not to exceed $10,000 for each violation of this title.

Prohibits States from enacting mining standards that are less stringent than those established by this Act. Authorizes necessary appropriations to carry out this title.

Title II: Assistance to Workers - Provides that payment of a readjustment allowance shall be made to a worker adversely affected by this Act who applies for such allowance for any week of unemployment which begins after the thirtieth day after the date of the enactment of this Act. Provides that such allowance shall be an amount equal to 90 percent of his average weekly wage or to 90 percent of the average weekly manufacturing wage, whichever is greater. Provides for a diminishing of such allowance to the extent that it is supplied through other provisions of law.

States that adversely affected workers shall be afforded, where appropriate, the testing, counseling, training, and placement services provided for under any Federal law. Provides for a relocation allowance for any adversely affected worker who is the head of a family and who has been totally separated. Authorizes to be appropriated such sums as may be necessary to carry out this title.


Major Actions:
Summary: H.R.2677 — 93rd Congress (1973-1974)

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

Shown Here:
Introduced in House (01/23/1973)

Environmental Protection and Enhancement Act - States that it is the purpose of this Act to provide for participation by the Federal Government with State and local governments, private individuals, and other interested persons in a comprehensive program to prevent further damage to the lands, waters, and natural resources of the Nation from unregulated or inadequately regulated surface and underground coal mining operations, to stabilize lands damaged by surface coal mining, to promote an effective continuing conservation land-use and management program for the coal mining industry, and to assist any worker adversely affected by this Act.

Provides that this Act shall be administered by the Administrator of the Environmental Protection Agency.

Provides that each coal mining operation, the products of which enter interstate commerce, or the operations or products of which indirectly or directly affect interstate commerce, and each operator of such mining operation, shall be subject to this Act.

Title I: Environmental Protection Coal Mining Limitation - Provides that no surface coal mining shall hereafter be conducted in any area of the national wildlife refuge system, the national park system, or the national forest system. States that no underground coal mining shall be permitted in any designated wilderness area or in any area under study as a wilderness area. Provides that no operator shall begin or renew any surface coal mining operation in any State on or after the effective date of this Act.

States that no operator shall conduct contour surface coal mining operations in any State on and after the effective date of this Act.

Provides that any operator who, on the effective date of this Act, is actively carrying out surface coal mining operations, other than contour surface coal mining, may continue to do so as provided in this Act if such operator obtains a permit under this title within six months after such date, and if the Administrator determines that such mining is not in violation of, or will not result in any violation of, any provision of the Clean Air Act, and does not cause, or will not result in, irrevocable or lasting injury to the public health or welfare, or damaging, flooding, or destruction of agricultural land, or dislocation or disturbance of surface or subsurface streams, or destruction of, or damange to, historic values, or destruction or damage to valuable recreational or wildlife areas, or destruction or damage of contiguous areas.

States that, within two months after the effective date of this Act, no operator shall engage in surface or underground coal mining operations if he has not applied for a permit under the provisions of this Act. Sets forth the requirements for obtaining such permits.

Provides that no permit application shall be approved unless the Administrator finds that the applicable requirements of this title and the rules and regulations adopted thereunder will be observed, and that, in the case of a surface coal mining application, there is probable cause to believe that the stabilization of the area of affected land can be achieved. Provides that a stabilization plan shall accompany every application for a permit for surface coal mining and be made available to the public and be approved in the same manner as a permit. Provides that after a permit application has been approved for surface coal mining but before such a permit is issued, the applicant shall file with the Administrator a bond for performance payable to the United States and conditioned on the operator faithfully performing all the requirements of this Act.

Creates in the Department of the Treasury a revolving fund to be known as the Coal Mine Lands Stabilization Fund. Authorizes to be appropriated to the fund initially the sum of $100,000,000, and such other sums as may thereafter be appropriated by the Congress.

Provides that moneys in the fund may be expended by the Chief of the Corps of Engineers to acquire by purchase, donation, exchange, or otherwise land which has been affected by surface coal mining operations, has not been fully stabilized prior to the effective date of this Act, and has been abandoned or is declared inactive as determined by him. Authorizes the Chief of the Corps of Engineers to stabilize directly or by contract the lands so acquired. Provides for renewal of licenses issued under this Act.

Requires every surface coal mining operator to stabilize the land affected by his mining. Sets forth the required standards for such stabilization. Restricts dumping and the use of explosives on operations authorized under this Act. Requires each mining operator to report to the Administrator on the amount of coal produced, the number of employees, the days worked, the number and location of acres of land mined, number and location of acres of the land stabilized, and a description of the progress made toward the completion of the reclamation plan. Sets forth conditions for the release of bonds filed under this Act. Provides for the periodic inspection of operations authorized under this Act.

Allows any person to commence a civil action on his own behalf: (1) against any person, including the United States, and any other governmental instrumentality or agency, who is alleged to be in violation of this title; or (2) against the Administrator and the Chief of the Corps of Engineers where there is alleged a failure of the Administrator or the Chief to perform any act or duty under this title which is not discretionary with the Administrator or the Chief.

Provides that no Federal agency may enter into any contract for the procurement of goods, materials, and services with any operator who is convicted of any offense under this title to perform such contract at any coal mining operation at which the violation which gave rise to such conviction occurred. States that no person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any employee of a surface mine or any authorized representative thereof by reason of the fact that such employee or representative has: (1) notified the Administrator or his authorized representative of any alleged violation or danger, (2) has filed instituted, or caused to be filed, or (2) instituted, any proceeding under this Act, or (3) testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. Authorizes the Attorney General to apply to the appropriate United States district court for injunctions restraining or enforcing compliance with the provisions of this title. Authorizes actions for damages (including attorney fees) by persons injured by violations of this title. Provides for a civil penalty of not to exceed $10,000 for each violation of this title.

Prohibits States from enacting mining standards that are less stringent than those established by this Act. Authorizes necessary appropriations to carry out this title.

Title II: Assistance to Workers - Provides that payment of a readjustment allowance shall be made to a worker adversely affected by this Act who applies for such allowance for any week of unemployment which begins after the thirtieth day after the date of the enactment of this Act. Provides that such allowance shall be an amount equal to 90 percent of his average weekly wage or to 90 percent of the average weekly manufacturing wage, whichever is greater. Provides for a diminishing of such allowance to the extent that it is supplied through other provisions of law.

States that adversely affected workers shall be afforded, where appropriate, the testing, counseling, training, and placement services provided for under any Federal law. Provides for a relocation allowance for any adversely affected worker who is the head of a family and who has been totally separated. Authorizes to be appropriated such sums as may be necessary to carry out this title.


Amendments:
Summary: H.R.2677 — 93rd Congress (1973-1974)

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

Shown Here:
Introduced in House (01/23/1973)

Environmental Protection and Enhancement Act - States that it is the purpose of this Act to provide for participation by the Federal Government with State and local governments, private individuals, and other interested persons in a comprehensive program to prevent further damage to the lands, waters, and natural resources of the Nation from unregulated or inadequately regulated surface and underground coal mining operations, to stabilize lands damaged by surface coal mining, to promote an effective continuing conservation land-use and management program for the coal mining industry, and to assist any worker adversely affected by this Act.

Provides that this Act shall be administered by the Administrator of the Environmental Protection Agency.

Provides that each coal mining operation, the products of which enter interstate commerce, or the operations or products of which indirectly or directly affect interstate commerce, and each operator of such mining operation, shall be subject to this Act.

Title I: Environmental Protection Coal Mining Limitation - Provides that no surface coal mining shall hereafter be conducted in any area of the national wildlife refuge system, the national park system, or the national forest system. States that no underground coal mining shall be permitted in any designated wilderness area or in any area under study as a wilderness area. Provides that no operator shall begin or renew any surface coal mining operation in any State on or after the effective date of this Act.

States that no operator shall conduct contour surface coal mining operations in any State on and after the effective date of this Act.

Provides that any operator who, on the effective date of this Act, is actively carrying out surface coal mining operations, other than contour surface coal mining, may continue to do so as provided in this Act if such operator obtains a permit under this title within six months after such date, and if the Administrator determines that such mining is not in violation of, or will not result in any violation of, any provision of the Clean Air Act, and does not cause, or will not result in, irrevocable or lasting injury to the public health or welfare, or damaging, flooding, or destruction of agricultural land, or dislocation or disturbance of surface or subsurface streams, or destruction of, or damange to, historic values, or destruction or damage to valuable recreational or wildlife areas, or destruction or damage of contiguous areas.

States that, within two months after the effective date of this Act, no operator shall engage in surface or underground coal mining operations if he has not applied for a permit under the provisions of this Act. Sets forth the requirements for obtaining such permits.

Provides that no permit application shall be approved unless the Administrator finds that the applicable requirements of this title and the rules and regulations adopted thereunder will be observed, and that, in the case of a surface coal mining application, there is probable cause to believe that the stabilization of the area of affected land can be achieved. Provides that a stabilization plan shall accompany every application for a permit for surface coal mining and be made available to the public and be approved in the same manner as a permit. Provides that after a permit application has been approved for surface coal mining but before such a permit is issued, the applicant shall file with the Administrator a bond for performance payable to the United States and conditioned on the operator faithfully performing all the requirements of this Act.

Creates in the Department of the Treasury a revolving fund to be known as the Coal Mine Lands Stabilization Fund. Authorizes to be appropriated to the fund initially the sum of $100,000,000, and such other sums as may thereafter be appropriated by the Congress.

Provides that moneys in the fund may be expended by the Chief of the Corps of Engineers to acquire by purchase, donation, exchange, or otherwise land which has been affected by surface coal mining operations, has not been fully stabilized prior to the effective date of this Act, and has been abandoned or is declared inactive as determined by him. Authorizes the Chief of the Corps of Engineers to stabilize directly or by contract the lands so acquired. Provides for renewal of licenses issued under this Act.

Requires every surface coal mining operator to stabilize the land affected by his mining. Sets forth the required standards for such stabilization. Restricts dumping and the use of explosives on operations authorized under this Act. Requires each mining operator to report to the Administrator on the amount of coal produced, the number of employees, the days worked, the number and location of acres of land mined, number and location of acres of the land stabilized, and a description of the progress made toward the completion of the reclamation plan. Sets forth conditions for the release of bonds filed under this Act. Provides for the periodic inspection of operations authorized under this Act.

Allows any person to commence a civil action on his own behalf: (1) against any person, including the United States, and any other governmental instrumentality or agency, who is alleged to be in violation of this title; or (2) against the Administrator and the Chief of the Corps of Engineers where there is alleged a failure of the Administrator or the Chief to perform any act or duty under this title which is not discretionary with the Administrator or the Chief.

Provides that no Federal agency may enter into any contract for the procurement of goods, materials, and services with any operator who is convicted of any offense under this title to perform such contract at any coal mining operation at which the violation which gave rise to such conviction occurred. States that no person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any employee of a surface mine or any authorized representative thereof by reason of the fact that such employee or representative has: (1) notified the Administrator or his authorized representative of any alleged violation or danger, (2) has filed instituted, or caused to be filed, or (2) instituted, any proceeding under this Act, or (3) testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. Authorizes the Attorney General to apply to the appropriate United States district court for injunctions restraining or enforcing compliance with the provisions of this title. Authorizes actions for damages (including attorney fees) by persons injured by violations of this title. Provides for a civil penalty of not to exceed $10,000 for each violation of this title.

Prohibits States from enacting mining standards that are less stringent than those established by this Act. Authorizes necessary appropriations to carry out this title.

Title II: Assistance to Workers - Provides that payment of a readjustment allowance shall be made to a worker adversely affected by this Act who applies for such allowance for any week of unemployment which begins after the thirtieth day after the date of the enactment of this Act. Provides that such allowance shall be an amount equal to 90 percent of his average weekly wage or to 90 percent of the average weekly manufacturing wage, whichever is greater. Provides for a diminishing of such allowance to the extent that it is supplied through other provisions of law.

States that adversely affected workers shall be afforded, where appropriate, the testing, counseling, training, and placement services provided for under any Federal law. Provides for a relocation allowance for any adversely affected worker who is the head of a family and who has been totally separated. Authorizes to be appropriated such sums as may be necessary to carry out this title.


Cosponsors:
Summary: H.R.2677 — 93rd Congress (1973-1974)

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

Shown Here:
Introduced in House (01/23/1973)

Environmental Protection and Enhancement Act - States that it is the purpose of this Act to provide for participation by the Federal Government with State and local governments, private individuals, and other interested persons in a comprehensive program to prevent further damage to the lands, waters, and natural resources of the Nation from unregulated or inadequately regulated surface and underground coal mining operations, to stabilize lands damaged by surface coal mining, to promote an effective continuing conservation land-use and management program for the coal mining industry, and to assist any worker adversely affected by this Act.

Provides that this Act shall be administered by the Administrator of the Environmental Protection Agency.

Provides that each coal mining operation, the products of which enter interstate commerce, or the operations or products of which indirectly or directly affect interstate commerce, and each operator of such mining operation, shall be subject to this Act.

Title I: Environmental Protection Coal Mining Limitation - Provides that no surface coal mining shall hereafter be conducted in any area of the national wildlife refuge system, the national park system, or the national forest system. States that no underground coal mining shall be permitted in any designated wilderness area or in any area under study as a wilderness area. Provides that no operator shall begin or renew any surface coal mining operation in any State on or after the effective date of this Act.

States that no operator shall conduct contour surface coal mining operations in any State on and after the effective date of this Act.

Provides that any operator who, on the effective date of this Act, is actively carrying out surface coal mining operations, other than contour surface coal mining, may continue to do so as provided in this Act if such operator obtains a permit under this title within six months after such date, and if the Administrator determines that such mining is not in violation of, or will not result in any violation of, any provision of the Clean Air Act, and does not cause, or will not result in, irrevocable or lasting injury to the public health or welfare, or damaging, flooding, or destruction of agricultural land, or dislocation or disturbance of surface or subsurface streams, or destruction of, or damange to, historic values, or destruction or damage to valuable recreational or wildlife areas, or destruction or damage of contiguous areas.

States that, within two months after the effective date of this Act, no operator shall engage in surface or underground coal mining operations if he has not applied for a permit under the provisions of this Act. Sets forth the requirements for obtaining such permits.

Provides that no permit application shall be approved unless the Administrator finds that the applicable requirements of this title and the rules and regulations adopted thereunder will be observed, and that, in the case of a surface coal mining application, there is probable cause to believe that the stabilization of the area of affected land can be achieved. Provides that a stabilization plan shall accompany every application for a permit for surface coal mining and be made available to the public and be approved in the same manner as a permit. Provides that after a permit application has been approved for surface coal mining but before such a permit is issued, the applicant shall file with the Administrator a bond for performance payable to the United States and conditioned on the operator faithfully performing all the requirements of this Act.

Creates in the Department of the Treasury a revolving fund to be known as the Coal Mine Lands Stabilization Fund. Authorizes to be appropriated to the fund initially the sum of $100,000,000, and such other sums as may thereafter be appropriated by the Congress.

Provides that moneys in the fund may be expended by the Chief of the Corps of Engineers to acquire by purchase, donation, exchange, or otherwise land which has been affected by surface coal mining operations, has not been fully stabilized prior to the effective date of this Act, and has been abandoned or is declared inactive as determined by him. Authorizes the Chief of the Corps of Engineers to stabilize directly or by contract the lands so acquired. Provides for renewal of licenses issued under this Act.

Requires every surface coal mining operator to stabilize the land affected by his mining. Sets forth the required standards for such stabilization. Restricts dumping and the use of explosives on operations authorized under this Act. Requires each mining operator to report to the Administrator on the amount of coal produced, the number of employees, the days worked, the number and location of acres of land mined, number and location of acres of the land stabilized, and a description of the progress made toward the completion of the reclamation plan. Sets forth conditions for the release of bonds filed under this Act. Provides for the periodic inspection of operations authorized under this Act.

Allows any person to commence a civil action on his own behalf: (1) against any person, including the United States, and any other governmental instrumentality or agency, who is alleged to be in violation of this title; or (2) against the Administrator and the Chief of the Corps of Engineers where there is alleged a failure of the Administrator or the Chief to perform any act or duty under this title which is not discretionary with the Administrator or the Chief.

Provides that no Federal agency may enter into any contract for the procurement of goods, materials, and services with any operator who is convicted of any offense under this title to perform such contract at any coal mining operation at which the violation which gave rise to such conviction occurred. States that no person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any employee of a surface mine or any authorized representative thereof by reason of the fact that such employee or representative has: (1) notified the Administrator or his authorized representative of any alleged violation or danger, (2) has filed instituted, or caused to be filed, or (2) instituted, any proceeding under this Act, or (3) testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. Authorizes the Attorney General to apply to the appropriate United States district court for injunctions restraining or enforcing compliance with the provisions of this title. Authorizes actions for damages (including attorney fees) by persons injured by violations of this title. Provides for a civil penalty of not to exceed $10,000 for each violation of this title.

Prohibits States from enacting mining standards that are less stringent than those established by this Act. Authorizes necessary appropriations to carry out this title.

Title II: Assistance to Workers - Provides that payment of a readjustment allowance shall be made to a worker adversely affected by this Act who applies for such allowance for any week of unemployment which begins after the thirtieth day after the date of the enactment of this Act. Provides that such allowance shall be an amount equal to 90 percent of his average weekly wage or to 90 percent of the average weekly manufacturing wage, whichever is greater. Provides for a diminishing of such allowance to the extent that it is supplied through other provisions of law.

States that adversely affected workers shall be afforded, where appropriate, the testing, counseling, training, and placement services provided for under any Federal law. Provides for a relocation allowance for any adversely affected worker who is the head of a family and who has been totally separated. Authorizes to be appropriated such sums as may be necessary to carry out this title.


Comments

Tips