Preventing Government Waste and Protecting Coal Mining Jobs in America - Amends the Surface Mining Control and Reclamation Act of 1977 to require state programs for regulation of surface coal mining to incorporate the necessary rule concerning excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008.
Requires the Secretary of the Interior to: (1) publish notice of a determination when all states that wish to assume exclusive jurisdiction of such mining regulation have incorporated the rule in their programs; (2) assess the effectiveness of the rule's implementation during the five-year period following such notice; (3) carry out all required consultation on the benefits and other impacts of the implementation of the rule to any threatened or endangered species, with the participation of the United States Fish and Wildlife Service and the United States Geological Survey (USGS); and (4) report to Congress an evaluation of the rule's effectiveness, any ways in which it inhibits energy production, and any proposed changes to the rule.
Prohibits issuance of any regulations regarding stream buffer zones or protection before publication of the report, other than a rule necessary to implement incorporation of the December 2008 rule described in this Act. Requires each state with an approved program for regulation of surface coal mining to submit program amendments incorporating such rule within two years of enactment of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2824 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2824
To amend the Surface Mining Control and Reclamation Act of 1977 to stop
the ongoing waste by the Department of the Interior of taxpayer
resources and implement the final rule on excess spoil, mining waste,
and buffers for perennial and intermittent streams, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2013
Mr. Johnson of Ohio (for himself and Mr. Lamborn) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to stop
the ongoing waste by the Department of the Interior of taxpayer
resources and implement the final rule on excess spoil, mining waste,
and buffers for perennial and intermittent streams, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Government Waste and
Protecting Coal Mining Jobs in America''.
SEC. 2. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE RULE INTO
STATE PROGRAMS.
(a) In General.--Section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the
end the following:
``(e) Stream Buffer Zone Management.--
``(1) In general.--In addition to the requirements under
subsection (a), each State program shall incorporate the
necessary rule regarding excess spoil, coal mine waste, and
buffers for perennial and intermittent streams published by the
Office of Surface Mining Reclamation and Enforcement on
December 12, 2008 (73 Fed. Reg. 75813 et seq.).
``(2) Study of implementation.--The Secretary shall--
``(A) at such time as the Secretary determines all
States referred to in subsection (a) have fully
incorporated the necessary rule referred to in
paragraph (1) of this subsection into their State
programs, publish notice of such determination;
``(B) during the 5-year period beginning on the
date of such publication, assess the effectiveness of
implementation of such rule by such States; and
``(C) upon the conclusion of such period, submit a
comprehensive report on the impacts of such rule to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, including--
``(i) an evaluation of the effectiveness of
such rule;
``(ii) an evaluation of any ways in which
the existing rule inhibits energy production;
and
``(iii) a description in detail of any
proposed changes that should be made to the
rule, the justification for such changes, all
comments on such changes received by the
Secretary from such States, and the projected
costs and benefits of such changes.
``(3) Limitation on new regulations.--The Secretary may not
issue any regulations under this Act relating to stream buffer
zones or stream protection before the date of the publication
of the report under paragraph (2), other than a rule necessary
to implement paragraph (1).''.
(b) Deadline for State Implementation.--Not later than 2 years
after the date of the enactment of this Act, a State with a State
program approved under section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary
of the Interior amendments to such program pursuant to part 732 of
title 30, Code of Federal Regulations, incorporating the necessary rule
referred to in subsection (e)(1) of such section, as amended by this
section.
<all>
The Speaker designated the Honorable Rob Woodall to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 501 and Rule XVIII.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2824.
DEBATE - Pursuant to the provisions of H.Res. 501, the Committee of the Whole proceeded with 10 minutes of debate on the Lowenthal Part B amendment no. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Lowenthal Part B amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Lowenthal demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisons of H.Res. 501, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright Part B amendment no. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright Part B amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2824.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2629)
Mr. Bera (CA) moved to recommit with instructions to the Committee on Natural Resources. (consideration: CR H2633-2634; text: CR H2633)
DEBATE - The House proceeded with 10 minutes of debate on the Bera motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to clarify that the underlying bill does not limit the right of the Department of the Interior or of any state to prioritize (1) the hiring of unemployed workers, including veterans, or (2) the use of US-made equipment and materials in mining operations.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2633)
On motion to recommit with instructions Failed by recorded vote: 197 - 224 (Roll no. 140). (consideration: CR H2633-2634)
Roll Call #140 (House)Passed/agreed to in House: On passage Passed by recorded vote: 229 - 192 (Roll no. 141).
Roll Call #141 (House)On passage Passed by recorded vote: 229 - 192 (Roll no. 141).
Roll Call #141 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 373.