Section 1 Short title
This Act may be cited as the “Stream Protection and Vegetation Restoration Act”.
Stream Protection and Vegetation Restoration Act
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to strengthen control of the environmental impacts of surface coal mining, and for other purposes.
Sec. 2 Amendments to Surface Mining Control and Reclamation Act
Reclamation plan requirements— Section 508(a)(7) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1258(a)(7)) is amended by inserting “, not to exceed the time and distance standards established in section 515(g)” after “reclamation plan”.
Revision of permits— Section 511(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1261(a)) is amended—
by redesignating paragraph (3) as paragraph (5); and
by inserting after paragraph (2) the following:
“(3) A request to temporarily cease or suspend mining operations is a significant permit revision for purposes of paragraph (2).
“(4) In each case where no active coal removal or reclamation has occurred at a permitted mine for more than 6 months during any 3-year period, the applicable permit shall be considered out of compliance with the reclamation plan—
“(A) unless the permit is in compliance with time and distance standards established in section 515(g) and does not have any variances from such standards; and
“(B) until the date on which the regulatory authority approves—
“(i) a reasonable plan submitted by the operator to return to production not later than 1 year after the date on which the operator is notified that the applicable permit is considered out of compliance under this paragraph; or
“(ii) an application for a revision of the permit submitted by the permittee under paragraph (1).”
Environmental protection performance standards— Section 515 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265) is amended—
in subsection (b)—
in paragraph (16)—
by inserting “, not to exceed the time and distance standards established in subsection (g)” after “contemporaneously as practicable with the surface coal mining operations”; and
in subparagraph (D), by striking the period at the end and inserting a semicolon;
in paragraph (20)—
in subparagraph (A), by inserting “and” at the end; and
in subparagraph (B), by striking the period at the end and inserting a semicolon;
in paragraph (22)(I), by striking the period at the end and inserting a semicolon;
in paragraph (23), by striking “and” at the end;
in paragraph (25), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(26) conduct contemporaneous reclamation so as not to exceed the time and distance standards established in subsection (g).”
by adding at the end the following:
“(g) Rough backfilling and grading for surface mining activities shall be completed according to one of the following schedules:
“(1) For contour mining, within 60 days or 1,500 linear feet following coal removal, whichever occurs first.
“(2) For area mining, within 180 days following coal removal, and not more than 4 spoil ridges behind the pit being worked, the spoil from the active pit constituting the first ridge.
“(3) For other surface mining methods, in accordance with the schedule established by the regulatory authority. For States with approved State programs, schedules are subject to the State program approval process.”
Inspections and monitoring— Section 517(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1267(b)(2)) is amended—
in paragraph (2), to read as follows:
“(2) the regulatory authority shall—
“(A) require quarterly monitoring of both surface water and ground water during mining and reclamation; and
“(B) specify those—
“(i) monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence;
“(ii) monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined;
“(iii) records of well logs and borehole data to be maintained; and
“(iv) monitoring sites to record precipitation;”
by redesignating paragraph (3) as paragraph (5); and
by inserting after paragraph (2) the following:
“(3) the regulatory authority shall conduct an annual assessment of the biological condition of streams to demonstrate progress with respect to restoring of the pre-mining biological condition of the stream;
“(4) the regulatory authority shall conduct an inspection of surface water runoff control structures after each precipitation event that is at least as intense as a 100-year, 6-hour precipitation event; and”