Sec. 606. Stream protection
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Title V of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1251 et seq.) is amended by adding at the end the following: Surface or underground coal mining operations shall not be conducted if— such activity would disturb the surface of land within 100 feet of a perennial or intermittent stream, unless the Secretary has authorized such activity to be conducted based on a finding that such disturbance— will not cause or contribute to the violation of applicable State or Federal water quality standards; and will not adversely affect the water quantity, water quality, or other environmental resources of the stream or downstream waters; or the Secretary determines that such activity will— cause or contribute to the violation of applicable State or Federal water quality standards; or adversely affect the water quantity or quality or other environmental resources of the stream.
The 100-foot distance referred to in subsection (a)(1) shall be measured horizontally on a line perpendicular to the stream, beginning at the ordinary high water mark. In this section, the term perennial or intermittent stream means a stream or part of a stream that— has flowing water during periods when groundwater provides water for streamflow, but may not have flowing water during other periods; and has channels that display both a bed-and-bank configuration and an ordinary high water mark. .
The Secretary shall issue regulations under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq.), including the amendment to such Act made by subsection (a), to— define material damage to the hydrologic balance outside the permit area under section 510(a)(b)(3) of such Act ( 30 U.S.C. 1260 (a)(b)(3)) and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage; ensure collection of adequate premining data about the site of a proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation; adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams; ensure protection or restoration of perennial and intermittent streams and related resources; ensure that permittees and regulatory authorities make use of advances in science and technology; ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining; and update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat.
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