ACHE Act of 2025
Sponsored By: Representative Rep. McGarvey, Morgan [D-KY-3]
In Committee
Summary
Establishes a health-driven pause on mountaintop removal coal mining until federal study clears it. The bill would require the National Institute of Environmental Health Sciences to lead a comprehensive federal study into links between mountaintop removal and higher rates of birth defects, lung disease, and other chronic harms in Appalachian communities.
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- Families and nearby residents: Requires expanded health monitoring and public release of environmental data near sites. New federal permits or renewals for mountaintop removal would be barred until health risks are ruled out.
- Mining operators: Would need continuous water, air, and noise monitoring, periodic soil checks, and monthly data submissions. Results must be posted publicly within seven days and failure to comply can block federal authorizations, plus a one-time federal cost recovery fee applies to current or past operators.
- Federal researchers and agencies: Designates NIEHS to convene a federal working group, run or support the study, and publish a final report. The HHS Secretary must post a determination about health risks on the Department of Health and Human Services website before the moratorium can end.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
Federal health study on mining risks
If enacted, NIEHS would study health effects of mountaintop removal mining on nearby residents, in consultation with EPA and other agencies. The study report would go to HHS and be made public. After that, HHS would post a decision on its website on whether this mining poses health risks to nearby communities.
One-time fee on mining operators
If enacted, the Interior Department, through the Office of Surface Mining Reclamation and Enforcement, would charge a one-time fee to anyone now doing, or who has done, a mountaintop removal project. The fee would cover federal costs to run the health study and monitoring. Money collected could be used only for those costs and only if Congress provides the funds.
Pause on new mountaintop mining permits
If enacted, federal agencies would stop issuing or renewing permits for mountaintop removal coal mining and expansions. The pause would last until HHS posts a finding that this mining does not pose health risks to nearby residents. It would cover permits under the Clean Water Act (sections 402 and 404) and under the Surface Mining Control and Reclamation Act. The bill also sets which projects and permits are covered by defining key terms like “Federal authorization” and “mountaintop removal coal mining.”
New monitoring and public reports for mines
If enacted, mountaintop removal mine operators would have to monitor water, air, and noise nonstop, and check soil regularly. They would need to find pollution from the project and explain how residents could be exposed. Results would be sent to HHS every month, and HHS would post them online within 7 days in a searchable database. If an operator fails to monitor or report, federal permits or renewals for that project or its expansion would be blocked. These monitoring rules would end when HHS posts its health-risk decision.
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Sponsors & CoSponsors
Sponsor
Rep. McGarvey, Morgan [D-KY-3]
KY • D
Cosponsors
Rep. Huffman, Jared [D-CA-2]
CA • D
Sponsored 7/23/2025
Rep. Tonko, Paul [D-NY-20]
NY • D
Sponsored 7/23/2025
Rep. Salinas, Andrea [D-OR-6]
OR • D
Sponsored 7/23/2025
Rep. Tlaib, Rashida [D-MI-12]
MI • D
Sponsored 7/23/2025
Rep. Cohen, Steve [D-TN-9]
TN • D
Sponsored 7/23/2025
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 8/19/2025
Roll Call Votes
No roll call votes available for this bill.
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