Congress·In Committee·H.R. 4705

Rep. McGarvey Introduces ACHE Act to Halt Mountaintop Removal Mining Pending Health Study

ACHE Act of 2025

8 months ago·View on Congress.gov

Legislative Progress

House

Senate

President

Law

Key Points

The bill halts all new and renewed federal permits for mountaintop removal coal mining in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia. This moratorium stays in place until a federal health study is completed and the Secretary of Health and Human Services officially determines that the mining does not pose health risks to nearby residents.
From policy text
“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”
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The National Institute of Environmental Health Sciences must lead a comprehensive study into whether people living near mountaintop removal mining sites face health consequences, including elevated risks of birth defects, lung cancer, and chronic heart, lung, and kidney disease.
From policy text
“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.”
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Companies currently running mountaintop removal mines must continuously monitor air, water, noise, and soil pollution at their sites. They must report results monthly to the government, and the data will be posted online in a searchable public database within 7 days.
From policy text
“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”
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A one-time fee will be charged to any company currently operating or that has previously completed a mountaintop removal coal mining project, to cover the federal costs of the health study and the new monitoring requirements.
From policy text
“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.”
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The moratorium can only be lifted if the health study concludes that mountaintop removal mining does NOT pose health risks. This effectively sets a very high bar — if any health risk is found, the permit freeze remains indefinitely.
From policy text
“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”
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Energy EnvironmentHealthcare

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

State Impacts

StateScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

3 milestones3 actions

Jul 24, 2025House

Referred to the Subcommittee on Water Resources and Environment.

Jul 23, 2025House

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.

Jul 23, 2025

Introduced in House

What Happens Next

Projected impacts based on AI analysis

Upon enactment

Moratorium on new mountaintop removal mining permits takes effect

No new federal permits or renewals for mountaintop removal projects in KY, TN, WV, or VA can be issued until a health study clears the practice — potentially halting industry expansion for years.

Shortly after enactment

Mining companies must begin continuous pollution monitoring and monthly reporting

Current mountaintop removal operators must start tracking air, water, noise, and soil pollution at their sites and submit data monthly, with results posted publicly within 7 days.

Related News

2 articles

Politico Pro·8 months ago

Mountaintop mining: 'Tangible benefits' vs. orange water

The ACHE Act would ban mountaintop-removal mining blamed for increased cancer and other disease rates in surrounding communities. The moratorium would remain in place until the federal government completes a comprehensive health study of the practice's impacts.

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YES! Magazine·8 months ago

In a Win for Opponents of Mountaintop Removal, W.Va. Govt Decides to Study Health Impacts

Advocates stress the importance of the Appalachian Community Health Emergency Act, or ACHE, a federal bill that would place a moratorium on new mountaintop removal permits until the federal government has completed and evaluated studies into health disparities in the region.

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