ACHE Act of 2025
- Bill Number
- H.R. 4705
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-07-24: Referred to the Subcommittee on Water Resources and Environment.
- Last Updated
- 2026-03-23T15:38:39Z
AI-Generated Summary
Purpose of the Legislation This bill establishes a temporary pause on new or renewed federal permits for mountaintop removal coal mining in specific Appalachian states until a federal health study is completed. It aims to address reported health concerns in nearby communities by requiring the study and ongoing pollution monitoring at existing sites.
Key Provisions Outlined
- Health Study: The National Institute of Environmental Health Sciences must lead a study on health effects from mountaintop removal mining, consulting with the Environmental Protection Agency and other agencies. A public report follows, after which the Secretary of Health and Human Services issues a determination on whether risks exist.
- Moratorium: No new or renewed federal authorizations for mountaintop removal projects or expansions are allowed until the determination finds no health risks. This applies to permits under the Clean Water Act sections 402 and 404, and the Surface Mining Control and Reclamation Act.
- Monitoring Requirements: Operators of existing projects must conduct continuous monitoring for water, air, and noise pollution, plus regular soil checks. Monthly results go to the Department of Health and Human Services for public posting in a searchable database.
- Enforcement and Fee: Non-compliance with monitoring blocks permit renewals. A one-time fee on current and past operators funds the study and monitoring costs.
- Scope: Limited to steep-slope areas in Kentucky, Tennessee, West Virginia, and Virginia using explosives for surface mining.
Significant Changes to Existing Law Introduced The bill adds a conditional moratorium on federal permits tied to a new health study, which is not required under current permitting processes. It imposes mandatory, ongoing pollution monitoring and public reporting on operators, extending beyond existing environmental rules. A dedicated fee recovers federal costs for the study and oversight, creating a new funding mechanism.
Potential Impacts
- Government Agencies: Increases workload for the National Institute of Environmental Health Sciences, Environmental Protection Agency, Army Corps of Engineers, and Office of Surface Mining Reclamation and Enforcement through study coordination, data review, and permit reviews. States handling delegated permits face similar delays.
- Citizens: Provides public health data and monitoring results for residents near mining sites, potentially informing future protections, while affecting employment and local economies tied to coal production.
- International Relations: No direct effects identified, as the provisions focus on domestic mining and health oversight.
Main Stakeholders Affected
- Coal mining operators and companies active in Appalachian mountaintop removal projects.
- Residents and communities in Kentucky, Tennessee, West Virginia, and Virginia near mining sites.
- Federal agencies involved in permitting and health research.
- State environmental and mining regulatory bodies.
Notable Legal, Constitutional, or Political Implications The legislation conditions federal permitting authority on a scientific determination, potentially raising questions about the scope of executive agency discretion in environmental approvals. It applies uniformly to both federal and state-issued permits under delegated programs, which may affect federal-state regulatory balance. The mandated study and public data release emphasize evidence-based policy, while the fee structure shifts implementation costs to industry.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. McGarvey, Morgan [D-KY-3]
Cosponsors (6)
Rep. Huffman, Jared [D-CA-2], Rep. Tonko, Paul [D-NY-20], Rep. Salinas, Andrea [D-OR-6], Rep. Tlaib, Rashida [D-MI-12], Rep. Cohen, Steve [D-TN-9], Del. Norton, Eleanor Holmes [D-DC-At Large]
Recent Actions
- 2025-07-24: Referred to the Subcommittee on Water Resources and Environment.
- 2025-07-23: 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.
- 2025-07-23: 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.
- 2025-07-23: 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.
- 2025-07-23: Introduced in House
- 2025-07-23: Introduced in House
Bill Versions
- Appalachian Communities Health Equity Act of 2025 — issued 2025-07-23 — PDF (8 pages)