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1 tary shall consult with, and consider the recommendations 2 of, the committee made with respect to the establishment of 3 such standards and regulations.

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4 (c) (1) The chairman of the committee and a majority 5 of the persons appointed by the Secretary to the committee 6 under subsection (a) shall be individuals who have no eco7 nomic interest in the coal mining industry and who are not 8 operators, miners, or officers or employees of the Federal 9 Government or any State or local government.

(2) Advisory committee members, other than officers 11 or employees of Federal, State, or local governments, shall 12 be, for each day (including traveltime) during which they 13 are performing committee business, entitled to receive com14 pensation at a rate fixed by the Secretary but not in excess 15 of the maximum rate of pay for grade GS-18 as provided 16 in the General Schedule under section 5332 of title 5 of 17 the United States Code, and shall, notwithstanding the lim18 itations of section 5703 and 5704 of title 5 of the United 19 States Code be fully reimbursed for travel, subsistence, and

20 related expenses.

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STUDY OF MINING REGULATIONS OR CONTROLS

SEC. 37. The Secretary shall conduct a full and com23 plete study and investigation of regulations or controls that 24 are necessary and appropriate to assure that all mining ac25 tivities whether surface mining or below surface mining, of

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all natural resources in the United States can be carried

on efficiently with the least possible damage to the environ3 ment in the area affected by such mining operations. The 4 Secretary shall report to the Congress the results of such

5 study and investigation, together with any recommendations of the appropriate administrative or legislative actions 7 that should be taken based on his findings, as soon as pos

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sible after the date of the enactment of this Act, but in no

case later than the end of the eighteen-month period begin10 ning on the date of the enactment of this Act.

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OPEN PIT COAL MINING

SEC. 38. Rules and regulations applicable to open pit

coal mining must take into consideration the unique nature 14 of the operations. The Secretary is hereby authorized to 15 issue separate regulations relative to the problems associated 16 with open pit coal mining, which is defined as a surface 17 mining operation which, because of the thickness of the de18 posit or the nature of the ore body and the overburden, pri19 marily follows the deposit vertically at an inclination of 35 20 degrees or steeper and where the average depth of the total 21 operation exceeds 100 feet (rather than laterally across the surface as in area or contour mining) and therefore may be 23 carried out at the same location over a substantial period of 24 time: Provided, That the provisions of this section shall apply 25 only to operations that are active or temporarily suspended

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1 on the date of this Act and involve no additional surface

2 disturbance.

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EFFECTIVE DATE

SEC. 39. This Act shall take effect six months after its

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7 SEC. 40. There are authorized to be appropriated such

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sums as may be necessary and appropriate to carry out the

9 provisions and purposes of this Act other than the appro

10 priation authority provided in section 12 of this Act.

93D CONGRESS 1ST SESSION

H. R. 181

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 1973

Mr. DINGELL (for himself, Mrs. GRIFFITHS, Mr. O'HARA, Mr. NEDZI, and Mr. WILLIAM D. FORD) introduced the following bill; which was referred to the Committee on Interior and Insular Affairs

A BILL

To provide for the restoration of all lands located in the United States upon which strip mining operations are being or have been carried out, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. The Secretary of the Interior (hereinafter 4 referred to as the "Secretary") is authorized and directed 5 to develop and implement a national plan for the restoration 6 of all lands located in the United States upon which any 7 strip mining operation has been or is being carried out. 8 Such plan shall provide for a minimization of adverse effects

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upon the environment while such mining is occurring and for 10 the full restoration of all such lands to their condition prior

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1 to the date upon which any such mining operation began 2 on such land. Such plan must be developed no later than

3 the close of January 1, 1974, and implemented no later 4 than July 2, 1974.

5 SEC. 2. After the close of July 1, 1974, no owner or 6 operator of any strip mine located in the United States may 7 sell or offer for sale in interstate commerce any coal or other 8 material obtained from any such mine unless (1) he has 9 prepared and submitted to the Secretary a plan, in conform10 ity with the national plan, for the restoration of any land 11 adversely affected by his strip mining operations and (2) 12 the Secretary approves such plan.

13 SEC. 3. (a) The Secretary shall have the authority to 14 acquire by purchase or by condemnation after the close of 15 July 1, 1974, in accordance with the laws of the United 16 States (including sections 258a through 258e of title 40 of 17 the United States Code), any land located in the United 18 States upon which any strip mining operation has been or 19 is being carried out, if

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(1) no plan has been approved by the Secretary

under section 2 for the restoration of such land; or

(2) a plan for the restoration of such land has been approved by the Secretary under section 2, but the

provisions of such plan are not being complied with by

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