119-hr4705

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4705 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4705

 To place a moratorium on the issuance and renewal of certain Federal 
authorizations for mountaintop removal coal mining until a health study 
 is conducted, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 23, 2025

 Mr. McGarvey (for himself, Mr. Huffman, Mr. Tonko, Ms. Salinas, Ms. 
Tlaib, and Mr. Cohen) introduced the following bill; which was referred 
 to the Committee on Natural Resources, and in addition to the 
 Committees on Energy and Commerce, and Transportation and 
 Infrastructure, for a period to be subsequently determined by the 
 Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To place a moratorium on the issuance and renewal of certain Federal 
authorizations for mountaintop removal coal mining until a health study 
 is conducted, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Appalachian Communities Health 
Equity Act of 2025'' or the ``ACHE Act of 2025''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Communities surrounding mountaintop removal coal mining 
 projects, which involve surface coal mining including blasting 
 with explosives in the steep slope regions of Kentucky, 
 Tennessee, West Virginia, and Virginia, have raised concerns 
 that pollution of the water, air, and soil that results from 
 mountaintop removal coal mining may be causing health crises in 
 their communities.

    (2) Peer-reviewed scientific research and reports have 
 raised serious concerns about mountaintop removal mining with 
 respect to elevated risks in categories of birth defects 
 studied, including circulatory, respiratory, central nervous 
 system, musculoskeletal, and gastrointestinal.

    (3) Mountaintop removal coal mining has also been 
 associated with elevated levels of adult hospitalizations for 
 chronic pulmonary disorders and hypertension that are elevated 
 as a function of county-level coal production, as are rates of 
 mortality, lung cancer, and chronic heart, lung, and kidney 
 disease. These health problems strike both women and men in 
 mountaintop removal coal mining communities and these elevated 
 levels of disease, defects, and mortality persist even after 
 controlling for other variables.

    (4) Scientific evidence, and the level of public concern, 
 warrant immediate action to stop new mountaintop removal coal 
 mining permits and increase environmental and human health 
 monitoring at existing mountaintop removal coal mining projects 
 while the reported links between health effects and mountaintop 
 removal coal mining are investigated by Federal health 
 agencies.

    (5) The National Institute of Environmental Health Sciences 
 is uniquely qualified to manage a working group of Federal 
 health agencies with expertise that is relevant to study of the 
 reported links.

SEC. 3. HEALTH STUDY.

    (a) Study.--The Director of the National Institute of Environmental 
Health Sciences, in consultation with the Administrator of the 
Environmental Protection Agency and the heads of such other Federal 
agencies as the Director determines appropriate, shall conduct or 
support a comprehensive study regarding the health impacts, if any, of 
mountaintop removal coal mining on individuals who reside in 
communities in close proximity to mountaintop removal coal mining 
projects.

    (b) Report.--The Director of the National Institute of 
Environmental Health Sciences shall submit to the Secretary, and make 
publicly available, a report regarding the results of the study 
conducted or supported under subsection

    (a) .
            (c) Determination.--After receipt of the report required under 
subsection

    (b) , the Secretary shall publish on the website of the 
Department of Health and Human Services a determination regarding 
whether mountaintop removal coal mining presents any health risks to 
individuals who reside in communities in close proximity to mountaintop 
removal coal mining projects.

SEC. 4. MOUNTAINTOP REMOVAL COAL MINING FEDERAL AUTHORIZATION 
 MORATORIUM.

 No Federal authorization may be issued or renewed for any 
mountaintop removal coal mining project, or for any expansion of such a 
project, by any of the following individuals before the date on which 
the Secretary publishes a determination under 

section 3
            (c) concluding 
that mountaintop removal coal mining does not present any health risks 
to individuals who reside in communities in close proximity to 
mountaintop removal coal mining projects:

    (1) The Secretary of the Army, acting through the Chief of 
 Engineers, or a State, under 

section 404 of the Federal Water 
 Pollution Control Act (33 U.S.C. 1344).

    (2) The Administrator of the Environmental Protection 
 Agency, or a State, under 

section 402 of the Federal Water 
 Pollution Control Act (33 U.S.C. 1342).

    (3) The Secretary of the Interior, acting through the 
 Director of the Office of Surface Mining Reclamation and 
 Enforcement, or a State, under the Surface Mining Control and 
 Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).

SEC. 5. MOUNTAINTOP REMOVAL COAL MINING MONITORING.

    (a) Monitoring Requirement.--Any person that conducts a mountaintop 
removal coal mining project shall--

    (1) with respect to the site of the project, carry out 
 monitoring for pollution that occurs as a result of the 
 project, including--
        (A) continuous monitoring for water, air, and noise 
 pollution; and
        (B) consistent monitoring for soil pollution; and

    (2) based on the results of the monitoring carried out 
 under paragraph

    (1) --
        (A) identify any pollution that occurs as a result 
 of the project; and
        (B) identify ways in which individuals who reside 
 in communities in close proximity to the project might 
 be exposed to such pollution.

    (b) Results of Monitoring.--

    (1) Submission to secretary.--Each person that carries out 
 monitoring under subsection

    (a)

    (1) for a mountaintop removal 
 coal mining project shall submit to the Secretary, on a monthly 
 basis, the results of such monitoring.

    (2) Public availability.--Not later than 7 days after the 
 date on which the Secretary receives results under paragraph

    (1) , the Secretary shall make such results publicly available 
 on the website of the Department of Health and Human Services 
 in a searchable database format.
            (c) Enforcement.--If a person that conducts a mountaintop removal 
coal mining project fails to comply with either subsection

    (a) or

    (b) with respect to the project, no Federal authorization may be issued or 
renewed for the project, or for any expansion of the project, by any of 
the following individuals:

    (1) The Secretary of the Army, acting through the Chief of 
 Engineers, or a State, under 

section 404 of the Federal Water 
 Pollution Control Act (33 U.S.C. 1344).

    (2) The Administrator of the Environmental Protection 
 Agency, or a State, under 

section 402 of the Federal Water 
 Pollution Control Act (33 U.S.C. 1342).

    (3) The Secretary of the Interior, acting through the 
 Director of the Office of Surface Mining Reclamation and 
 Enforcement, or a State, under the Surface Mining Control and 
 Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
            (d) Applicability.--The requirements under subsections

    (a) and

    (b) shall terminate on the date on which the Secretary publishes the 
determination described in 

section 3
            (c) .

SEC. 6. FEDERAL COST FEE.

    (a) Collection and Assessment.--The Secretary of the Interior, 
acting through the Director of the Office of Surface Mining Reclamation 
and Enforcement, shall assess and collect a one-time fee from each 
person that, as of the date of the enactment of this Act, is conducting 
or has previously completed a mountaintop removal coal mining project 
in the United States, in an amount sufficient to recover the Federal 
cost of implementing sections 3 and 5.

    (b) Use of Fee.--Amounts collected under this section may be used, 
to the extent and in the amount provided in advance in appropriations 
Acts, only to pay the Federal cost of carrying out sections 3 and 5.

SEC. 7. DEFINITIONS.

 In this Act:

    (1) Federal authorization.--The term ``Federal 
 authorization'' means a permit, license, or other authorization 
 that is issued by a Federal agency.

    (2) Mountaintop removal coal mining.--The term 
 ``mountaintop removal coal mining'' means surface coal mining 
 that--
        (A) uses blasting with explosives; and
        (B) is carried out in the steep slope regions of 
 Kentucky, Tennessee, West Virginia, and Virginia.

    (3) Secretary.--The term ``Secretary'' means the Secretary 
 of Health and Human Services.

    (4) Steep slope.--The term ``steep slope'' has the meaning 
 given the term in 

section 515
            (d) (4) of the Surface Mining 
 Control and Reclamation Act of 1977 (30 U.S.C. 1265
            (d) (4) ).
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