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1 under this Act shall be available to the public, except that 2 upon a showing satisfactory to the Secretary by any person 3 that records, reports, or information, or particular part there4 of, to which the Secretary has access under this Act if made 5 public, would divulge methods or processes entitled to pro6 tection as trade secrets of such person, the Secretary shall 7 consider such record, report, or information or particular 8 portion thereof confidential in accordance with the purposes 9 of section 1905 of title 18 of the United States Code, except 10 that such record, report, or information may be disclosed 11 to other officers, employees, or authorized representatives 12 of the United States concerned with carrying out this Act or 13 when relevant in any proceeding under this Act.

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SEC. 213. RULES AND REGULATIONS.-The Secretary is 15 authorized to promulgate such rules and regulations as he 16 considers necessary to carry out the provisions of this title.

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SEC. 214. AUTHORIZATION OF APPROPRIATIONS.— 18 There is authorized to be appropriated to the Secretary 19 such sums as may be necessary to carry out the provisions of

20 this Act.

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TITLE III

SEC. 301. (a) The heads of all Federal departments or 23 agencies which have jurisdiction over land on which mining 24 operations are permitted are authorized to promulgate en25 vironmental regulations to govern such mining operations.

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1 Such department or agency heads shall issue regulations to 2 assure at least the same degree of environmental protection 3 and reclamation on lands under their jurisdiction as is re4 quired by any law and regulation established under an ap 5 proved State program for the State in which such land is 6 situated. Each Federal department and agency shall cooperate 7 with the Secretary and the States, to the greatest extent

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practicable, in carrying out the provisions of this Act.

9 (b) Nothing in this Act or in any State regulations 10 approved pursuant to it shall be construed to conflict with 11 any of the following Acts or with any rule or regulation 12 promulgated thereunder:

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(1) the Federal Metal and Nonmetallic Mine Safety Act (80 Stat. 772; 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, the State laws enacted pursuant thereto, or other Federal laws relating to preservation of water quality;

(4) the Clean Air Act, as amended (79 Stat. 992; 42 U.S.C. 1857); and

(5) the Solid Waste Disposal Act, as amended (79) Stat. 997; 42 U.S.C. 3251).

SEC. 302. SEPARABILITY.-If any provision of this Act

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1 of the applicability thereof to any person or circumstance is

2 held invalid the remainder of this Act and the application

3 of such provision to other persons or circumstances shall not 4 be affected thereby.

93D CONGRESS 1ST SESSION

H. R. 5651

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1973

Mr. UDALL (for himself and Mrs. MINK) introduced the following bill; which was referred to the Committee on Interior and Insular Affairs

A BILL

To provide for the regulation of surface coal mining for the conservation, acquisition, and reclamation of surface areas. affected by coal mining activities, and for other purposes.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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4.

SHORT TITLE

SECTION 1. This Act may be cited as the "Coal Mine

5 Surface Area Protection Act of 1973".

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FINDINGS AND PURPOSE

SEC. 2. (a) The Congress finds and declares

(1) that there are coal mining operations on pub

lic and private lands in the Nation which adversely af

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fect the environmental and natural and manmade re

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sources; and

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(2) that efficient and well conducted coal mining

4 operations are essential activities affecting interstate 5 commerce which contribute to the economic well-being,

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security, and general welfare of the Nation.

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(b) It is the purpose of this Act to encourage a nation8 wide effort to regulate coal mining surface operations to pre9 vent their adverse environmental effects; to return lands. 10 already damaged by coal mining surface operations to pro11 ductive and useful purposes; to abate the adverse effects from 12 previously coal mined lands; to prevent further detriment 13 to the Nation from coal mining surface operations through 14 the establishment of criteria and standards for coal mined 15 lands; and to encourage the States to carry out programs for

16 these purposes.

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(c) It is the further purpose of this Act to encourage a 18 nationwide effort to abate the adverse surface environmental

19 effects resulting from surface operations of underground coal

[blocks in formation]

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DEFINITIONS

SEC. 3. For the purposes of this Act

(a) The term "surface coal mining" means (1) all or

24 any part of the process followed in the production of coal from

25 a natural coal deposit whereby the coal may be extracted

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