Energize America Part VI
Clean Coal Generation Act of 2007

A BILL TO AMEND THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 TO PROMOTE MORE ECOLOGICALLY SOUND MINING PRACTICES AND OTHER PURPOSES.

SECTION 1. SHORT NAME
This Act may be cited as the Clean Coal Generation Act of 2007.

SEC. 2. GENERAL REVISIONS.

(a) Section 201(f) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(c)) is amended–

(1) by raising the maximum fine that may be imposed on federal employees found to be in violation of the Act to $25,000.

SEC. 3. RECLAMATION FEE.

(a) In General- Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended–

(1) by striking subsection (a) and inserting the following

(a) In General- Any operator of a coal mining operation subject to this Act shall pay to the Secretary of the Interior, for deposit in the fund–

(1) for any coal produced by surface coal mining 50 cents per ton of coal produced;

(2) for any coal produced by underground coal mining 20 cents per ton of coal produced;

SEC. 4 RESTRICTION OF VALLEY FILL OPERATIONS
(a) In General- Section 101 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended–

(1) by striking subsection (k) and inserting the following

(k) the method of mountaintop removal and other forms of valley fill mining being inherently inimitable to ecologically sound mining practice, the useful reclamation of the land, and the maintaining of healthy streams, such practices will not be allowed to continue after 1 July 2008, (l) the cooperative effort established by this Act is necessary to prevent or mitigate adverse environmental effects of present and future surface coal mining operations.

(b) In General- Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended–

(1) by raising the maximum possible fine for any person, corporate officer, agent or director, on behalf of a coal mine operator, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section to $100,000.

(c) In General- Section 515 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended–

(1) by striking 515.3 and inserting the following

(3) with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated (unless small depressions are needed in order to retain moisture to assist revegetation).

(A) In surface coal mining which is carried out in a location where the thickness of the coal deposits relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials are insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade , and compact (where advisable) using all available overburden and other spoil and waste materials to attain the closest possible approximation of original contours, and shall provide adequate drainage and cover all acid forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region.
(B) In surface coal mining where the amount of overburden and other spoil and waste materials removed in the course of the mining operation significantly exceeds the amount required to restore the approximate original contour, giving due consideration to volumetric expansion, the operator shall after restoring the approximate contour, backfill, grade, and compact the excess overburden and other spoil and waste materials to attain the closest approximation of original contours, and in any location exceeding those contours maintain the lowest grade, with no location exceeding the angle of repose, and cover all acid-forming, and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region.
(C) In no case shall an operation be allowed to continue operations after July 1, 2008 in which surface mining is done by the method of mountaintop removal, as defined in this Act, or other forms of surface mining in which large amounts of overburden and spoil are relocated into alluvial valleys or areas of stream deposits, or into permanent streams. No state or local authority shall permit a mine to enter operations, or continue operation, in which surface mining is not carried out under return to original contour regulations with the exceptions permitted in subsection (a) and subsection (b).
(D) All overburden or spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water pollution and must be revegetated in accordance with the requirements of this Act;
(E) Approval of alternative post-mining use of land, as authorized in this Act, shall not remove the obligation to return all land disturbed by surface mining to original contours, except as noted within subsection (A) and subsection (B).