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Extensions of Remarks 6742 EXTENSIONS OF REMARKS March 14, 1975 mining operation has been found in viola­ residential, or public facility (including rec­ affirmatively demonstrates that the proposed tion of the mining and reclamation per­ reational facilities) development is proposed development is proceeding in accordance with formance standards specified in section 502 for the postmining use of the affected land, the terms of the approved schedule and recla­ (a) during not less than two consecutive the regulatory authority may grant a vari­ mation plan." State inspections or upon receipt by the ance to the requirements for regrading, back­ Page 294, line 21, strike out all of lines 21 Secretary of information which would give filling, and spoil placement as set forth in thru 23 and substitute the following: rise to reasonable belief that such standards subsection 415(b) (3) or 415 (d) (2) where- "(2) on any Federal lands within the are being violated by any surface coal min­ "(A) after consultation with the appro­ boundaries of any national forest: Provided, ing operation, the Secretary shall order the pr~ate land use planning agencies, if any, That such prohibition shall not be applicable immediate inspection of such operation by the proposed development is deemed to con­ to surface operations and impacts incident Federal inspectors and the necessary en­ stitute an equal or better economic or pub­ to an underground coal mine: Provided forcement actions, if any, to be implemented lic use of the affected land, as compared further, That the Secretary of Agriculture pursuant to the Federal enforcement pro­ with the premining use; may set aside the prohibition on surface coal visions of this title. When the Federal in­ "(B) the granting of such proposed vari­ mining operations for a specific area or areas spection results from information provided ance is essential to obtaining the equal or if after due consideration of the existing and to the Secretary by any person, the Secre­ better economic or public use; potential multiple resource uses and values tary shall notify such persons when the "(C) the applicant presents specific plans he determines such action to be in the public Federal inspection is proposed to be carried for the proposed postmining land use and interest. Surface coal mining on any such out and such person shall be allowed to ac­ appropriate assurances that such use will areas shall be subject to the provisions ap­ company the inspector during the in.c:pec­ be- pllcable to other Federal lands as contained tion; "(i) compatible with adjacent land uses; in section 523;" " ( 3) for purposes of this section, the term "(11) obtainable aC'cording to data regard­ (Conforming amendment): line 19, page "Federal inspector" means personnel of the ing expected need and market; 296 after "pursuant to the Act," add the Office of Surface Mining Reclamation and " ( 111) assured of investment in necessary following: "With respect to National Forest Enforcement and such additional personnel public facilities; System lands, the Secretary shall include in of the United States Geological Survey, Bu­ "(iv) supported -by commitments from permits, leases, and contracts those condi­ reau of Land. Management, or of the Mining public agencies where appropriate; tions and requirements deemed necessary by Enforcement and Safety Administration so "(v) practicable with respect to private the Secretary of Agriculture. The Secretary designated by the Secretary, or such other financial capability for completion of the of Agriculture shall administer the provi­ personnel of the Forest Service, Soil Conser­ proposed development; sions of such permits, leases, or contracts re­ vation Service, or the Agricultural Stabili­ "(vi) planned pursuant to a schedule at­ lating to reclamation and surface use, and zation and Conservation Service as arranged tached to the reclamation plan so as to inte­ is authorized to enforce such provisions." by appropriate agreement with the Secretary grate the mining operation and reclamation Page 305, line 1, strike all of Section 529, on a reimbursable or other basis; with the postmining land use; and consisting of lines 1 through 24, and Unes 1 "(4) provide that the State regulatory "(vii) designed by a registered engineer in through 3 on page 306. agency file with the Secretary and with a des­ conformance with professional standards es­ Page 315, line 17, after line 17, add the fol­ ignated Federal office centrally located in the tablished to assure the stability, drainage, lowing new subsection and reletter accord­ county or area in which the inspected surface and configuration necessary for the intended ingly: coal mine is located copies of inspection re­ use of the site; "(b) In order to provide greater certainty ports made; and "(D) the proposed use would be consistent in implementing and administering this Act, "(5) provide that moneys authorized by with adjacent land uses, and existing State the Secretary is authorized to define, pur­ section 712 shall be available to the Secre­ and local land use plans and programs; suant to -his general rulemaking authority, tary prior to the approval of a. State program "(E) the regulatory authority provides the such other terms used in this Act as may be pursuant to this Act to reimburse the States governing body of the unit of general pur­ susceptible to more than one reasonable in­ for conducting those inspections in which pose government in which the land is located terpretation, provided that such definitions the standards of this Act are enforced and for and any State or Federal agency which the are not inconsistent with specific provisions the administration of this section. regulatory agency, in its discretion, deter­ of the Act." "(g) The provisions of this section shall mines to have an interest in the proposed Page 328, line 15, strike all of Section 714 be applicable to surface coal mining and use, an opportunity of not more than forty­ through line 4, page 335 and add the follow­ reclamation operations on lands on which five days to review and comment on the pro­ ing new section: such operations are regulated by a State posed use; "SEc. 714. Nothing in this Act shall be con­ regulatory authority until a. State program is "(F) a public hearing, if requested after strued as increasing or diminishing any approved in accordance with the provisions of appropriate notice, 1s held in the locality of property rights held by the United States section 503 of this Act or until a Federal pro­ the proposed surface coal mining operation or by any other land owner." gram is promulgated in accordance with the prior to the grant of any permit including (Conforming amendments): Strike Sec­ requirements of section 504 of this Act." a Vlloriance; and tion 102(b), page 174, line 23 through line 2, (Conforming amendment): Title v, page "(G) all other requirements of this Act page 175. 286, Section 521 (a) ( 4) , line 24, strike the will be met. Strike Section 512(b) (8), page 243, lines 7 words "section 502 or" "(3) In granting any variance pursuant to through 9. Page 238, line 7, after the word "designed" this subsection the regulatory authority shall On page 307, line 24, strike the comma, in­ insert the phrase: "to the maximum extent require that- sert a period, and strike the remainder of practicable." "(A) the reclaimed area. is stable; the sentence. (Conforming amendment): Page 254, line "(B) no damage will be done to natural March 14, 1975. 22, after the word "preserving" insert the watercourses; and By Mr. WIRTH: phrase: "to the maximum extent practi­ "(C) all other requirements of this Act Page 294, Line 21, strike the words: cable". will be met. "boundaries of any national forest" and in­ Page 259, line 17, page 259, strike line 17 "(4) The regulatory authority shall pro­ sert the following: "the National Forest Sys­ through page 263, line 2 and substitute the mulgate specific regulations to govern the tem." following: granting of variances in accord with the pro­ H.R. 4296 "(c) (1) Each State program may and each visions of this subsection, and may impose By Mr. KREBS: Federal program shall include procedures such additional requirements as it deems to Page 2, line 2, strike the figure "48 cents" pursuant to which the regulatory authority be necessary. and insert in lieu thereof the figure "45 may permit variances for the purposes set " ( 5) All variances granted under the pro­ cents". forth in this subsection. visions of this subsection shall be reviewed Page 2, line 6, strike the figure "40 cents" "(2) In cases where an industrial, com­ not more than three years from the date of and insert in lieu thereof the figure "38 mercial (including commercial agricultural), issuance of the permit, unless the applicant cents". EXTENSIONS OF REMARKS DAffiY FARM SITUATION guided impression that they can do the uation which exists on dairy farms to­ consumers a favor by opposing the dairy day. portion of the farm bill scheduled for Some urban legislators have remarked HON. DAVID R. OBEY consideration next week. OF WISCONSIN to me that they cannot believe that the I am inserting four articles from the dairy farm situation is as serious as IN THE HOUSE OF REPRESENTATIVES Wall Street Journal, the Wisconsin claimed because they see no decline in Friday, March 14, 1975 Rapids Daily Tribune, the Milwaukee supermarket prices for dairy products. Mr. OBEY. Mr. Speaker, some urban Journal and the Milwaukee Sentinel, That irritates farmers as much as any­ Members of Congress are under the mis- which vividly portray the disastrous sit- one else. March 14, 1975 EXTENSIONS OF REMARKS 6743 Let me suggest that if urban Members reason. The 41-year-old Mr. Musgrave, for did a year ago, while middlemen who process of Congress want to do more than pos­ example, has seen milo prices climb to $6.50 and distribute it to retail shoppers have in­ ture about the growing gap betw-een the a hundred pounds from $4.40 since June and creased their portion by nearly one-fifth.
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