US (United States) Code. Title 30. Chapter 25: Surface mining control and reclamation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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-CITE-

30 USC CHAPTER 25 - SURFACE MINING CONTROL AND

RECLAMATION 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

-MISC1-

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

-MISC1-

SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

Sec.

1201. Congressional findings.

1202. Statement of purpose.

SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND

ENFORCEMENT

1211. Office of Surface Mining Reclamation and Enforcement.

(a) Establishment.

(b) Appointment, compensation, duties, etc., of

Director; employees.

(c) Duties of Secretary.

(d) Restriction on use of Federal coal mine health

and safety inspectors.

(e) Repealed.

(f) Conflict of interest; penalties; rules and

regulations; report to Congress.

(g) Petition for issuance, amendment, or repeal of

rule; filing; hearing or investigation; notice

of denial.

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

1221. Authorization of State allotments to institutes.

1222. Research funds to institutes.

(a) Authorization of appropriations.

(b) Application for funds; contents.

(c) Research facilities; selection of institutes;

designation of funds for scholarships and

fellowships.

(d) Requirements for receipt of funds.

(e) Restriction on application of funds.

1223. Funding criteria.

1224. Duties of Secretary.

(a) Consulting with other agencies; prescribing

rules and regulations; furnishing advice and

assistance; coordinating research.

(b) Annual ascertainment of compliance.

1225. Effect on colleges and universities.

1226. Research.

(a) Coordination with existing programs;

availability of information to public.

(b) Effect on Federal agencies.

(c) Availability of results to public.

(d) Authorization of appropriations.

1227. Center for cataloging.

1228. Interagency cooperation.

1229. Committee on Mining and Mineral Resources Research.

(a) Appointment; composition.

(b) Consultation and recommendations.

(c) Compensation, travel, subsistence and related

expenses.

(d) Chairmanship of Committee.

(e) National plan for research.

(f) Application of Federal Advisory Committee Act.

1230. Eligibility criteria.

1230a. Strategic Resources Generic Mineral Technology Center.

(a) Establishment.

(b) Functions.

(c) Criteria.

(d) Authorization of appropriations.

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

1231. Abandoned Mine Reclamation Fund.

(a) Establishment; administration; State funds.

(b) Sources of deposits to fund.

(c) Use of moneys.

(d) Moneys available upon appropriation; no fiscal

year limitation.

(e) Interest.

1232. Reclamation fee.

(a) Payment; rate.

(b) Due date.

(c) Submission of statement.

(d) Penalty.

(e) Civil action to recover fee.

(f) Cooperation from other agencies.

(g) Allocation of funds.

(h) Transfer of funds to Combined Fund.

1233. Objectives of fund.

(a) Priorities.

(b) Utilities and other facilities.

(c) Inventory.

1234. Eligible lands and water.

1235. State reclamation program.

(a) Promulgation of regulations.

(b) Submission of State Reclamation Plan and annual

projects.

(c) Restriction.

(d) Approval of State program; withdrawal.

(e) Contents of State Reclamation Plan.

(f) Annual application for support; contents.

(g) Costs.

(h) Grant of funds.

(i) Program monitorship.

(j) Annual report to Secretary.

(k) Eligible lands of Indian tribes.

(l) State liability.

1236. Reclamation of rural lands.

(a) Agreements with landowners for conservation

treatment.

(b) Conservation and development plans.

(c) Agreement to effect plan.

(d) Financial and other assistance; determination

by Secretary.

(e) Termination of agreements.

(f) Preservation and surrender of history and

allotments.

(g) Rules and regulations.

(h) Utilization of Soil Conservation Service.

1237. Acquisition and reclamation of land adversely affected

by past coal mining practices.

(a) Findings of fact; notice; right of entry.

(b) Studies or exploratory work.

(c) Requirements for acquisition of affected land.

(d) Title to affected land; value.

(e) State participation; grants.

(f) Rules and regulations.

(g) Public sale; notice and hearing.

(h) Construction or rehabilitation of housing for

disabled, displaced, or dislocated persons;

grants.

1238. Liens.

(a) Filing of statement and appraisal.

(b) Petition.

(c) Recordation.

1239. Filling voids and sealing tunnels.

(a) Congressional declaration of hazardous

conditions.

(b) Limitation on funds.

(c) Limitation on expenditures.

(d) Disposal of mine wastes.

(e) Land acquisition.

1240. Emergency powers.

1240a. Certification.

(a) Certification of completion of coal

reclamation.

(b) Eligible lands, waters, and facilities.

(c) Priorities.

(d) Specific sites and areas not eligible.

(e) Utilities and other facilities.

(f) Public facilities related to coal or minerals

industry.

(g) Application of other provisions.

1241. Omitted.

1242. Powers of Secretary or State.

(a) Engage in work, promulgate rules and

regulations, etc., to implement and administer

this subchapter.

(b) Engage in cooperative projects.

(c) Request for action to restrain interference

with regard to this subchapter.

(d) Construct and operate plants for control and

treatment of water pollution resulting from

mine drainage.

(e) Transfer funds.

1243. Interagency cooperation.

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

1251. Environmental protection standards.

1251a. Abandoned coal refuse sites.

1252. Initial regulatory procedures.

(a) State regulation.

(b) Interim standards.

(c) Full compliance with environmental protection

performance standards.

(d) Permit application.

(e) Federal enforcement program.

(f) Interim period.

1253. State programs.

(a) Regulation of surface coal mining and

reclamation operations; submittal to

Secretary; time limit; demonstration of

effectiveness.

(b) Approval of program.

(c) Notice of disapproval.

(d) Inability of State to take action.

1254. Federal programs.

(a) Promulgation and implementation by Secretary

for State.

(b) Federal enforcement of State program.

(c) Notice and hearing.

(d) Review of permits.

(e) Submission of State program after

implementation of Federal program.

(f) Validity of Federal program permits under

superseding State program.

(g) Preemption of State statutes or regulations.

(h) Coordination of issuance and review of Federal

program permits with any other Federal or

State permit process.

1255. State laws.

1256. Permits.

(a) Persons engaged in surface coal mining within

State; time limit; exception.

(b) Term.

(c) Termination.

(d) Renewal.

1257. Application requirements.

(a) Fee.

(b) Submittal; contents.

(c) Assistance to small coal operators.

(d) Reclamation plan.

(e) Public inspection.

(f) Insurance certificate.

(g) Blasting plan.

(h) Reimbursement of costs.

1258. Reclamation plan requirements.

1259. Performance bonds.

(a) Filing with regulatory authority; scope; number

and amount.

(b) Liability period; execution.

(c) Bond of applicant without separate surety;

alternate system.

(d) Deposit of cash or securities.

(e) Adjustments.

1260. Permit approval or denial.

(a) Basis for decision; notification of applicant

and local government officials; burden of

proof.

(b) Requirements for approval.

(c) Schedule of violations.

(d) Prime farmland mining permit.

(e) Modification of prohibition.

1261. Revision of permits.

(a) Application and revised reclamation plan;

requirements; extensions to area covered.

(b) Transfer, assignment, or sale of rights under

permit.

(c) Review of outstanding permits.

1262. Coal exploration permits.

(a) Regulations; contents.

(b) Confidential information.

(c) Penalties.

(d) Limitation on removal of coal.

(e) Law governing exploration of Federal lands.

1263. Public notice and public hearings.

(a) Submittal of advertisement to regulatory

authority; notification of local governmental

bodies.

(b) Objections to permit applications; informal

conference; record.

(c) Prior Federal coal lease hearing as evidence.

1264. Decisions of regulatory authority and appeals.

(a) Issuance of findings within 60 days after

informal conference.

(b) Decision without informal conference;

notification within a reasonable time.

(c) Request for rehearing on reasons for final

determination; time; issuance of decision.

(d) Temporary relief.

(e) Power of regulatory authority with respect to

rehearing.

(f) Right to appeal in accordance with section 1276

of this title.

1265. Environmental protection performance standards.

(a) Permit requirement.

(b) General standards.

(c) Procedures; exception to original contour

restoration requirements.

(d) Steep-slope surface coal mining standards.

(e) Variances to original contour restoration

requirements.

(f) Standards and criteria for coal mine waste

piles.

1266. Surface effects of underground coal mining operations.

(a) Rules and regulations.

(b) Permit requirements.

(c) Suspension of underground coal mining

operations in urbanized areas.

(d) Applicability of this subchapter to surface

operations and surface impacts incident to

underground coal mining operations.

1267. Inspections and monitoring.

(a) Inspections of surface coal mining and

reclamation operations.

(b) Records and reports; monitoring systems;

evaluation of results.

(c) Inspection intervals.

(d) Maintenance of sign.

(e) Violations.

(f) Availability of information to public.

(g) Conflict of interest; penalty; publication of

regulations; report to Congress.

(h) Review; procedures for inspections.

1268. Penalties.

(a) Civil penalties for violations of permit

conditions and provisions of this subchapter.

(b) Hearing.

(c) Notice of violation; action required of

violator; waiver of legal rights.

(d) Civil action to recover civil penalties.

(e) Willful violations.

(f) Corporate violations.

(g) False statements, representations, or

certifications.

(h) Failure to correct violation.

(i) Effect on additional enforcement right or

procedure available under State law.

1269. Release of performance bonds or deposits.

(a) Filing of request; submittal of copy of

advertisement; notification by letter of

intent to seek release.

(b) Inspection and evaluation; notification of

decision.

(c) Requirements for release.

(d) Notice of disapproval.

(e) Notice to municipality.

(f) Objections to release; hearing.

(g) Informal conference.

(h) Power of regulatory authority with respect to

informal conference.

1270. Citizens suits.

(a) Civil action to compel compliance with this

chapter.

(b) Limitation on bringing of action.

(c) Venue; intervention.

(d) Costs; filing of bonds.

(e) Effect on other enforcement methods.

(f) Action for damages.

1271. Enforcement.

(a) Notice of violation; Federal inspection; waiver

of notification period; cessation order;

affirmative obligation on operator; suspension

or revocation of permits; contents of notices

and orders.

(b) Inadequate State enforcement; notice and

hearing.

(c) Civil action for relief.

(d) Sanctions; effect on additional enforcement

rights under State law.

1272. Designating areas unsuitable for surface coal mining.

(a) Establishment of State planning process;

standards; State process requirements;

integration with present and future land use

planning and regulation processes; savings

provisions.

(b) Review of Federal lands.

(c) Petition; intervention; decision.

(d) Statement.

(e) Prohibition on certain Federal public and

private surface coal mining operations.

1273. Federal lands.

(a) Promulgation and implementation of Federal

lands program.

(b) Incorporation of requirements into any lease,

permit, or contract issued by Secretary which

may involve surface coal mining and

reclamation operations.

(c) State cooperative agreements.

(d) Development of program to assure no

unreasonable denial to any class of coal

purchasers.

1274. Public agencies, public utilities, and public

corporations.

1275. Review by Secretary.

(a) Application for review of order or notice;

investigation; hearing; notice.

(b) Findings of fact; issuance of decision.

(c) Temporary relief; issuance of order or decision

granting or denying relief.

(d) Notice and hearing with respect to section 1271

order to show cause.

(e) Costs.

1276. Judicial review.

(a) Review by United States District Court; venue;

filing of petition; time.

(b) Evidence; conclusiveness of findings; orders.

(c) Temporary relief; prerequisites.

(d) Stay of action, order, or decision of

Secretary.

(e) Action of State regulatory authority.

1277. Special bituminous coal mines.

(a) Issuance of separate regulations; criteria.

(b) New bituminous coal surface mines.

(c) Scope of alternative regulations.

1278. Surface mining operations not subject to this chapter.

1279. Anthracite coal mines.

SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

1281. Designation procedures.

(a) Review of Federal land areas for unsuitability

for noncoal mining.

(b) Criteria considered in determining

designations.

(c) Petition for exclusion; contents; hearing;

temporary land withdrawal.

(d) Limitation on designations; rights

preservation; regulations.

(e) Statement.

(f) Area withdrawal.

(g) Right to appeal.

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

1291. Definitions.

1292. Other Federal laws.

(a) Construction of chapter as superseding,

amending, modifying, or repealing certain

laws.

(b) Effect on authority of Secretary or heads of

other Federal agencies.

(c) Cooperation.

(d) Major Federal action.

1293. Employee protection.

(a) Retaliatory practices prohibited.

(b) Review by Secretary; investigation; notice;

hearing; findings of fact; judicial review.

(c) Costs.

1294. Penalty.

1295. Grants to States.

(a) Assisting any State in development,

administration, and enforcement of State

programs under this chapter.

(b) Assisting any State in development,

administration, and enforcement of its State

programs.

(c) Increases in annual grants.

1296. Annual report to President and Congress.

1297. Separability.

1298. Alaskan surface coal mine study.

(a) Contract with National Academy of

Sciences-National Academy of Engineering.

(b) Report to President and Congress.

(c) Draft of legislation.

(d) Modification of applicability of environmental

protection provisions of this chapter to

surface coal mining operations in Alaska;

publication in Federal Register; hearing.

(e) Interim regulations.

(f) Authorization of appropriations.

1299. Study of reclamation standards for surface mining of

other minerals.

(a) Contract with National Academy of

Sciences-National Academy of Engineering;

requirements.

(b) Submittal of study with legislative

recommendation to President and Congress.

(c) Authorization of appropriations.

1300. Indian lands.

(a) Study of regulation of surface mining;

consultation with tribe; proposed legislation.

(b) Submittal of study to Congress.

(c) Compliance with interim environmental

protection standards of this chapter.

(d) Compliance with permanent environmental

protection standards of this chapter.

(e) Inclusion and enforcement of terms and

conditions of leases.

(f) Approval of changes in terms and conditions of

leases.

(g) Participation of tribes.

(h) Jurisdictional status.

(i) Grants.

1301. Environmental practices.

1302. Authorization of appropriations.

1303. Coordination of regulatory and inspection activities.

1304. Surface owner protection.

(a) Applicability.

(b) Lease of coal deposits governed by section 201

of this title.

(c) Consent to lease by surface owner.

(d) Preferences.

(e) "Surface owner" defined.

(f) Exception.

(g) Effect on property rights of United States or

any other landowner.

1305. Federal lessee protection.

1306. Effect on rights of owner of coal in Alaska to conduct

surface mining operations.

1307. Water rights and replacement.

1308. Advance appropriations.

1309. Certification and training of blasters.

1309a. Subsidence.

(a) Requirements.

(b) Regulations.

1309b. Research.

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

1311. Establishment of university coal research

laboratories.

(a) Designation by Secretary of Energy.

(b) Criteria.

(c) Location of coal laboratories.

(d) Period for submission of applications for

designation; contents.

(e) Time limit.

1312. Financial assistance.

1313. Limitation on payments.

1314. Payments; Federal share of operating expenses.

1315. Advisory Council on Coal Research.

(a) Establishment; members.

(b) Furnishing advice to Secretary of Energy.

(c) Annual report to President; transmittal to

Congress.

(d) Compensation and travel expenses.

(e) Alternate members.

1316. Authorization of appropriations.

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

1321. Fellowship awards.

(a) Graduate study and research in areas of applied

science and engineering relating to

production, conservation, and utilization of

fuels and energy.

(b) Term.

(c) Replacement awards.

1322. Fellowship recipients.

1323. Distribution of fellowships.

1324. Stipends and allowances.

1325. Limitation on fellowships.

1326. Fellowship conditions.

1327. Authorization of appropriations.

1328. Research, development projects, etc., relating to

alternative coal mining technologies.

(a) Authority of Secretary of the Interior to

conduct, promote, etc.

(b) Contracts and grants.

(c) Authorization of appropriations.

(d) Publication in Federal Register; report to

Congress.

(e) Availability of information to public.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1251a of this title; title

33 section 1311; title 42 sections 6905, 6925.

-End-

-CITE-

30 USC SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-

SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-End-

-CITE-

30 USC Sec. 1201 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-

Sec. 1201. Congressional findings

-STATUTE-

The Congress finds and declares that -

(a) extraction of coal and other minerals from the earth can be

accomplished by various methods of mining, including surface

mining;

(b) coal mining operations presently contribute significantly

to the Nation's energy requirements; surface coal mining

constitutes one method of extraction of the resource; the

overwhelming percentage of the Nation's coal reserves can only be

extracted by underground mining methods, and it is, therefore,

essential to the national interest to insure the existence of an

expanding and economically healthy underground coal mining

industry;

(c) many surface mining operations result in disturbances of

surface areas that burden and adversely affect commerce and the

public welfare by destroying or diminishing the utility of land

for commercial, industrial, residential, recreational,

agricultural, and forestry purposes, by causing erosion and

landslides, by contributing to floods, by polluting the water, by

destroying fish and wildlife habitats, by impairing natural

beauty, by damaging the property of citizens, by creating hazards

dangerous to life and property by degrading the quality of life

in local communities, and by counteracting governmental programs

and efforts to conserve soil, water, and other natural resources;

(d) the expansion of coal mining to meet the Nation's energy

needs makes even more urgent the establishment of appropriate

standards to minimize damage to the environment and to

productivity of the soil and to protect the health and safety of

the public.(!1)

(e) surface mining and reclamation technology are now developed

so that effective and reasonable regulation of surface coal

mining operations by the States and by the Federal Government in

accordance with the requirements of this chapter is an

appropriate and necessary means to minimize so far as practicable

the adverse social, economic, and environmental effects of such

mining operations;

(f) because of the diversity in terrain, climate, biologic,

chemical, and other physical conditions in areas subject to

mining operations, the primary governmental responsibility for

developing, authorizing, issuing, and enforcing regulations for

surface mining and reclamation operations subject to this chapter

should rest with the States;

(g) surface mining and reclamation standards are essential in

order to insure that competition in interstate commerce among

sellers of coal produced in different States will not be used to

undermine the ability of the several States to improve and

maintain adequate standards on coal mining operations within

their borders;

(h) there are a substantial number of acres of land throughout

major regions of the United States disturbed by surface and

underground coal on which little or no reclamation was conducted,

and the impacts from these unreclaimed lands impose social and

economic costs on residents in nearby and adjoining areas as well

as continuing to impair environmental quality;

(i) while there is a need to regulate surface mining operations

for minerals other than coal, more data and analyses are needed

to serve as a basis for effective and reasonable regulation of

such operations;

(j) surface and underground coal mining operations affect

interstate commerce, contribute to the economic well-being,

security, and general welfare of the Nation and should be

conducted in an environmentally sound manner; and

(k) the cooperative effort established by this chapter is

necessary to prevent or mitigate adverse environmental effects of

present and future surface coal mining operations.

-SOURCE-

(Pub. L. 95-87, title I, Sec. 101, Aug. 3, 1977, 91 Stat. 447.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in pars. (e), (f), and (k), was in the

original "this Act", meaning Pub. L. 95-87, Aug. 3, 1977, 91 Stat.

445, as amended, which enacted this chapter and amended section

1114 of Title 18, Crimes and Criminal Procedure. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

-MISC1-

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-508, title VI, Sec. 6001, Nov. 5, 1990, 104 Stat.

1388-289, provided that: "This subtitle [subtitle A (Secs.

6001-6014) of title VI of Pub. L. 101-508, enacting section 1240a

of this title, amending sections 1231 to 1237, 1239, 1257, and 1302

of this title, and enacting provisions set out as notes under

section 1231 of this title] may be cited as the 'Abandoned Mine

Reclamation Act of 1990'."

Pub. L. 101-498, Sec. 1, Nov. 2, 1990, 104 Stat. 1207, provided

that: "This Act [enacting section 1230a of this title] may be cited

as the 'Strategic and Critical Minerals Act of 1990'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-483, Sec. 13, Oct. 12, 1988, 102 Stat. 2341, provided

that: "This Act [amending sections 1221, 1222, 1224, 1226, 1229,

and 1230 of this title and enacting provisions set out as notes

under this section and section 1229 of this title] may be cited as

the Mining and Mineral Resources Research Institute Amendments of

1988."

SHORT TITLE

Section 1 of Pub. L. 95-87 provided: "That this Act [enacting

this chapter and amending section 1114 of Title 18, Crimes and

Criminal Procedure] may be cited as the 'Surface Mining Control and

Reclamation Act of 1977'."

Pub. L. 98-409, Sec. 11, as added by Pub. L. 100-483, Sec. 12,

Oct. 12, 1988, 102 Stat. 2341; amended by Pub. L. 104-312, Sec.

1(b), Oct. 19, 1996, 110 Stat. 3819, provided that: "This Act

[enacting subchapter III of this chapter] may be cited as the

'Mining and Mineral Resources Institutes Act'."

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

30 USC Sec. 1202 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-

Sec. 1202. Statement of purpose

-STATUTE-

It is the purpose of this chapter to -

(a) establish a nationwide program to protect society and the

environment from the adverse effects of surface coal mining

operations;

(b) assure that the rights of surface landowners and other

persons with a legal interest in the land or appurtenances

thereto are fully protected from such operations;

(c) assure that surface mining operations are not conducted

where reclamation as required by this chapter is not feasible;

(d) assure that surface coal mining operations are so conducted

as to protect the environment;

(e) assure that adequate procedures are undertaken to reclaim

surface areas as contemporaneously as possible with the surface

coal mining operations;

(f) assure that the coal supply essential to the Nation's

energy requirements, and to its economic and social well-being is

provided and strike a balance between protection of the

environment and agricultural productivity and the Nation's need

for coal as an essential source of energy;

(g) assist the States in developing and implementing a program

to achieve the purposes of this chapter;

(h) promote the reclamation of mined areas left without

adequate reclamation prior to August 3, 1977, and which continue,

in their unreclaimed condition, to substantially degrade the

quality of the environment, prevent or damage the beneficial use

of land or water resources, or endanger the health or safety of

the public;

(i) assure that appropriate procedures are provided for the

public participation in the development, revision, and

enforcement of regulations, standards, reclamation plans, or

programs established by the Secretary or any State under this

chapter;

(j) provide a means for development of the data and analyses

necessary to establish effective and reasonable regulation of

surface mining operations for other minerals;

(k) encourage the full utilization of coal resources through

the development and application of underground extraction

technologies;

(l) stimulate, sponsor, provide for and/or supplement present

programs for the conduct of research investigations, experiments,

and demonstrations, in the exploration, extraction, processing,

development, and production of minerals and the training of

mineral engineers and scientists in the field of mining, minerals

resources, and technology, and the establishment of an

appropriate research and training center in various States; and

(m) wherever necessary, exercise the full reach of Federal

constitutional powers to insure the protection of the public

interest through effective control of surface coal mining

operations.

-SOURCE-

(Pub. L. 95-87, title I, Sec. 102, Aug. 3, 1977, 91 Stat. 448.)

-End-

-CITE-

30 USC SUBCHAPTER II - OFFICE OF SURFACE MINING

RECLAMATION AND ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

-HEAD-

SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND

ENFORCEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1291 of this title.

-End-

-CITE-

30 USC Sec. 1211 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

-HEAD-

Sec. 1211. Office of Surface Mining Reclamation and Enforcement

-STATUTE-

(a) Establishment

There is established in the Department of the Interior, the

Office of Surface Mining Reclamation and Enforcement (hereinafter

referred to as the "Office").

(b) Appointment, compensation, duties, etc., of Director; employees

The Office shall have a Director who shall be appointed by the

President, by and with the advice and consent of the Senate, and

shall be compensated at the rate provided for level V of the

Executive Schedule under section 5315 (!1) of title 5, and such

other employees as may be required. Pursuant to section 5108 of

title 5, and after consultation with the Secretary, the Director of

the Office of Personnel Management shall determine the necessary

number of positions in general schedule employees in grade 16, 17,

and 18 to perform functions of this subchapter and shall allocate

such positions to the Secretary. The Director shall have the

responsibilities provided under subsection (c) of this section and

those duties and responsibilities relating to the functions of the

Office which the Secretary may assign, consistent with this

chapter. Employees of the Office shall be recruited on the basis of

their professional competence and capacity to administer the

provisions of this chapter. The Office may use, on a reimbursable

basis when appropriate, employees of the Department and other

Federal agencies to administer the provisions of this chapter,

providing that no legal authority, program, or function in any

Federal agency which has as its purpose promoting the development

or use of coal or other mineral resources or regulating the health

and safety of miners under provisions of the Federal Coal Mine

Health and Safety Act of 1969 (83 Stat. 742) [30 U.S.C. 801 et

seq.], shall be transferred to the Office.

(c) Duties of Secretary

The Secretary, acting through the Office, shall -

(1) administer the programs for controlling surface coal mining

operations which are required by this chapter; review and approve

or disapprove State programs for controlling surface coal mining

operations and reclaiming abandoned mined lands; make those

investigations and inspections necessary to insure compliance

with this chapter; conduct hearings, administer oaths, issue

subpenas, and compel the attendance of witnesses and production

of written or printed material as provided for in this chapter;

issue cease-and-desist orders; review and vacate or modify or

approve orders and decisions; and order the suspension,

revocation, or withholding of any permit for failure to comply

with any of the provisions of this chapter or any rules and

regulations adopted pursuant thereto;

(2) publish and promulgate such rules and regulations as may be

necessary to carry out the purposes and provisions of this

chapter;

(3) administer the State grant-in-aid program for the

development of State programs for surface and mining and

reclamation operations provided for in subchapter V of this

chapter;

(4) administer the program for the purchase and reclamation of

abandoned and unreclaimed mined areas pursuant to subchapter IV

of this chapter;

(5) administer the surface mining and reclamation research and

demonstration project authority provided for in this chapter;

(6) consult with other agencies of the Federal Government

having expertise in the control and reclamation of surface mining

operations and assist States, local governments, and other

eligible agencies in the coordination of such programs;

(7) maintain a continuing study of surface mining and

reclamation operations in the United States;

(8) develop and maintain an Information and Data Center on

Surface Coal Mining, Reclamation, and Surface Impacts of

Underground Mining, which will make such data available to the

public and the Federal, regional, State, and local agencies

conducting or concerned with land use planning and agencies

concerned with surface and underground mining and reclamation

operations;

(9) assist the States in the development of State programs for

surface coal mining and reclamation operations which meet the

requirements of this chapter, and at the same time, reflect local

requirements and local environmental and agricultural conditions;

(10) assist the States in developing objective scientific

criteria and appropriate procedures and institutions for

determining those areas of a State to be designated unsuitable

for all or certain types of surface coal mining pursuant to

section 1272 of this title;

(11) monitor all Federal and State research programs dealing

with coal extraction and use and recommend to Congress the

research and demonstration projects and necessary changes in

public policy which are designated to (A) improve feasibility of

underground coal mining, and (B) improve surface mining and

reclamation techniques directed at eliminating adverse

environmental and social impacts;

(12) cooperate with other Federal agencies and State regulatory

authorities to minimize duplication of inspections, enforcement,

and administration of this chapter; and

(13) perform such other duties as may be provided by law and

relate to the purposes of this chapter.

(d) Restriction on use of Federal coal mine health and safety

inspectors

The Director shall not use either permanently or temporarily any

person charged with responsibility of inspecting coal mines under

the Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 801

et seq.], unless he finds and publishes such finding in the Federal

Register, that such activities would not interfere with such

inspections under the 1969 Act.

(e) Repealed. Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat.

2826

(f) Conflict of interest; penalties; rules and regulations; report

to Congress

No employee of the Office or any other Federal employee

performing any function or duty under this chapter shall have a

direct or indirect financial interest in underground or surface

coal mining operations. Whoever knowingly violates the provisions

of the above sentence shall, upon conviction, be punished by a fine

of not more than $2,500, or by imprisonment for not more than one

year, or both. The Director shall (1) within sixty days after

August 3, 1977, publish regulations, in accordance with section 553

of title 5, to establish the methods by which the provisions of

this subsection will be monitored and enforced, including

appropriate provisions for the filing by such employees and the

review of statements and supplements thereto concerning their

financial interests which may be affected by this subsection, and

(2) report to the Congress as part of the annual report (section

1296 of this title) on the actions taken and not taken during the

preceding calendar year under this subsection.

(g) Petition for issuance, amendment, or repeal of rule; filing;

hearing or investigation; notice of denial

(1) After the Secretary has adopted the regulations required by

section 1251 of this title, any person may petition the Director to

initiate a proceeding for the issuance, amendment, or repeal of a

rule under this chapter.

(2) Such petitions shall be filed in the principal office of the

Director and shall set forth the facts which it is claimed

established that it is necessary to issue, amend, or repeal a rule

under this chapter.

(3) The Director may hold a public hearing or may conduct such

investigation or proceeding as the Director deems appropriate in

order to determine whether or not such petition should be granted.

(4) Within ninety days after filing of a petition described in

paragraph (1), the Director shall either grant or deny the

petition. If the Director grants such petition, the Director shall

promptly commence an appropriate proceeding in accordance with the

provisions of this chapter. If the Director denies such petition,

the Director shall so notify the petitioner in writing setting

forth the reasons for such denial.

-SOURCE-

(Pub. L. 95-87, title II, Sec. 201, Aug. 3, 1977, 91 Stat. 449;

Pub. L. 95-240, title I, Sec. 100, Mar. 7, 1978, 92 Stat. 109; 1978

Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92

Stat. 3783; Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat.

2826.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Coal Mine Health and Safety Act of 1969, referred to

in subsecs. (b) and (d), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat.

742, as amended, which was redesignated the Federal Mine Safety and

Health Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9,

1977, 91 Stat. 1290, and is classified principally to chapter 22

(Sec. 801 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

801 of this title and Tables.

-MISC1-

AMENDMENTS

1980 - Subsec. (e). Pub. L. 96-511 struck subsec. (e) which

provided for consideration of Office of Surface Mining Reclamation

and Enforcement as an independent Federal regulatory agency. See

section 3502(10) of Title 44, Public Printing and Documents.

1978 - Subsec. (b). Pub. L. 95-240 substituted "V" for "IV".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-511 effective Apr. 1, 1981, see section 5

of Pub. L. 96-511, set out as a note under section 2904 of Title

44, Public Printing and Documents.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(f) of this section relating to requirement to report to Congress

on actions taken and not taken under subsec. (f), see section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance, and page 109 of House Document No.

103-7.

-TRANS-

TRANSFER OF FUNCTIONS

"The Director of the Office of Personnel Management" substituted

for "a majority of members of the Civil Service Commission" in

subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43

F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5,

Government Organization and Employees, which transferred all

functions vested by statute in the United States Civil Service

Commission to the Director of the Office of Personnel Management

(except as otherwise specified), effective Jan. 1, 1979, as

provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44

F.R. 1055, set out under section 1101 of Title 5.

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

TRAVEL AND PER DIEM EXPENSES

Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1793,

provided: "That notwithstanding any other provisions of law,

appropriations for the Office of Surface Mining Reclamation and

Enforcement may, hereafter, provide for the travel and per diem

expenses of State and tribal personnel attending OSMRE sponsored

training".

Similar provisions were contained in the following appropriations

acts:

Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 429.

Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 933.

Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,

1999, 113 Stat. 1535, 1501A-147.

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,

112 Stat. 2681-231, 2681-244.

Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1553.

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.

30, 1996, 110 Stat. 3009-181, 3009-191.

Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,

110 Stat. 1321-156, 1321-168; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2510.

Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1389.

Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1387.

Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1002.

Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1927.

Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 712.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "5316".

-End-

-CITE-

30 USC SUBCHAPTER III - STATE MINING AND MINERAL

RESOURCES RESEARCH INSTITUTES 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-COD-

CODIFICATION

Subchapter was not enacted as part of the Surface Mining Control

and Reclamation Act of 1977 which comprises this chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 43 section 1457a.

-End-

-CITE-

30 USC Sec. 1221 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1221. Authorization of State allotments to institutes

-STATUTE-

(a)(1) There are authorized to be appropriated to the Secretary

of the Interior (hereafter in this subchapter referred to as the

"Secretary") funds adequate to provide for each participating State

$400,000 for each of the fiscal years ending September 30, 1990,

through September 30, 1994, to assist the States in carrying on the

work of a competent and qualified mining and mineral resources

research institute or center (hereafter in this subchapter referred

to as the "institute") at one public college or university in the

State which meets the eligibility criteria established in section

1230 of this title.

(2)(A) Funds appropriated under this section shall be made

available for grants to be matched on a basis of no less than 2

non-Federal dollars for each Federal dollar.

(B) If there is more than one such eligible college or university

in a State, funds appropriated under this subchapter shall, in the

absence of a designation to the contrary by act of the legislature

of the State, be granted to one such college or university

designated by the Governor of the State.

(C) Where a State does not have a public college or university

eligible under section 1230 of this title, the Committee on Mining

and Mineral Resources Research established in section 1229 of this

title (hereafter in this subchapter referred to as the "Committee")

may allocate the State's allotment to one private college or

university which it determines to be eligible under such section.

(b) It shall be the duty of each institute to plan and conduct,

or arrange for a component or components of the college or

university with which it is affiliated to conduct research,

investigations, demonstrations, and experiments of either, or both,

a basic or practical nature in relation to mining and mineral

resources, and to provide for the training of mineral engineers and

scientists through such research, investigations, demonstrations,

and experiments. The subject of such research, investigation,

demonstration, experiment, and training may include exploration;

extraction; processing; development; production of fuel and nonfuel

mineral resources; mining and mineral technology; supply and demand

for minerals; conservation and best use of available supplies of

minerals; the economic, legal, social, engineering, recreational,

biological, geographic, ecological, and other aspects of mining,

mineral resources, and mineral reclamation. Such research,

investigation, demonstration, experiment and training shall

consider the interrelationship with the natural environment, the

varying conditions and needs of the respective States, and mining

and mineral resources research projects being conducted by agencies

of the Federal and State governments and other institutes.

-SOURCE-

(Pub. L. 98-409, Sec. 1, Aug. 29, 1984, 98 Stat. 1536; Pub. L.

100-483, Secs. 2-4, Oct. 12, 1988, 102 Stat. 2339.)

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1221, Pub. L. 95-87, title III, Sec. 301, Aug. 3,

1977, 91 Stat. 451, contained provisions similar to this section

covering fiscal years 1978 through 1984.

AMENDMENTS

1988 - Subsec. (a)(1). Pub. L. 100-483, Sec. 2, substituted

"$400,000 for each of the fiscal years ending September 30, 1990,

through September 30, 1994" for "$300,000 for the fiscal year

ending September 30, 1985, and $400,000 to each participating State

for each fiscal year thereafter for a total of five years".

Subsec. (a)(2)(A). Pub. L. 100-483, Sec. 3, amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "Funds

appropriated under this section shall be made available for grants

to be matched on a basis of no less than one and one-half

non-Federal dollars for each Federal dollar during the fiscal years

ending September 30, 1985, and September 30, 1986, and no less than

two non-Federal dollars for each Federal dollar during the fiscal

years ending September 30, 1987, September 30, 1988, and September

30, 1989."

Subsec. (b). Pub. L. 100-483, Sec. 4, substituted "production of

fuel and nonfuel mineral resources" for "production of mineral

resources".

SHORT TITLE

For short title of Pub. L. 98-409, which enacted this subchapter,

as the Mining and Mineral Resources Institutes Act, see section 11

of Pub. L. 98-409, as amended, set out as a note under section 1201

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1223, 1226 of this title.

-End-

-CITE-

30 USC Sec. 1222 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1222. Research funds to institutes

-STATUTE-

(a) Authorization of appropriations

There is authorized to be appropriated to the Secretary not more

than $15,000,000 for each of the fiscal years ending September 30,

1990, through September 30, 1994, which shall remain available

until expended. Such funds when appropriated shall be made

available to an institute or to institutes participating in a

generic mineral technology center to meet the necessary expenses

for purposes of -

(1) specific mineral research and demonstration projects of

broad application, which could not otherwise be undertaken,

including the expenses of planning and coordinating regional

mining and mineral resources research projects by two or more

institutes; and

(2) research into any aspects of mining and mineral resources

problems related to the mission of the Department of the

Interior, which are deemed by the Committee to be desirable and

are not otherwise being studied.

There is authorized to be appropriated to the Secretary not more

than $1,800,000 for each of the fiscal years after fiscal year 1996

to be made available by the Secretary to an institute or institutes

experienced in investigating the continental shelf regions of the

United States, the deep seabed and near shore environments of

islands, and the Arctic and cold water regions as a source for

nonfuel minerals. Such funds are to be used by the institute or

institutes to assist in developing domestic technological

capabilities required for the location of, and the efficient and

environmentally sound recovery of, minerals (other than oil and

gas) from the Nation's shallow and deep seabed.

(b) Application for funds; contents

Each application for funds under subsection (a) of this section

shall state, among other things, the nature of the project to be

undertaken; the period during which it will be pursued; the

qualifications of the personnel who will direct and conduct it; the

estimated costs; the importance of the project to the Nation,

region, or State concerned; its relation to other known research

projects theretofore pursued or being pursued; the extent to which

the proposed project will provide opportunity for the training of

mining and mineral engineers and scientists; and the extent of

participation by nongovernmental sources in the project.

(c) Research facilities; selection of institutes; designation of

funds for scholarships and fellowships

The Committee shall review all such funding applications and

recommend to the Secretary the use of the institutes, insofar as

practicable, to perform special research. Recommendations shall be

made without regard to the race, religion, or sex of the personnel

who will conduct and direct the research, and on the basis of the

facilities available in relation to the particular needs of the

research project; special geographic, geologic, or climatic

conditions within the immediate vicinity of the institute; any

other special requirements of the research project; and the extent

to which such project will provide an opportunity for training

individuals as mineral engineers and scientists. The Committee

shall recommend to the Secretary the designation and utilization of

such portions of the funds authorized to be appropriated by this

section as it deems appropriate for the purpose of providing

scholarships, graduate fellowships, and postdoctoral fellowships.

(d) Requirements for receipt of funds

No funds shall be made available under subsection (a) of this

section except for a project approved by the Secretary and all

funds shall be made available upon the basis of merit of the

project, the need for the knowledge which it is expected to produce

when completed, and the opportunity it provides for the training of

individuals as mineral engineers and scientists.

(e) Restriction on application of funds

No funds made available under this section shall be applied to

the acquisition by purchase or lease of any land or interests

therein, or the rental, purchase, construction, preservation, or

repair of any building.

-SOURCE-

(Pub. L. 98-409, Sec. 2, Aug. 29, 1984, 98 Stat. 1537; Pub. L.

100-483, Sec. 5, Oct. 12, 1988, 102 Stat. 2339; Pub. L. 104-312,

Sec. 1(a), Oct. 19, 1996, 110 Stat. 3819.)

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1222, Pub. L. 95-87, title III, Sec. 302, Aug. 3,

1977, 91 Stat. 452, contained provisions similar to this section

covering fiscal years 1978 through 1984.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-312 inserted at end "There is

authorized to be appropriated to the Secretary not more than

$1,800,000 for each of the fiscal years after fiscal year 1996 to

be made available by the Secretary to an institute or institutes

experienced in investigating the continental shelf regions of the

United States, the deep seabed and near shore environments of

islands, and the Arctic and cold water regions as a source for

nonfuel minerals. Such funds are to be used by the institute or

institutes to assist in developing domestic technological

capabilities required for the location of, and the efficient and

environmentally sound recovery of, minerals (other than oil and

gas) from the Nation's shallow and deep seabed."

1988 - Subsec. (a). Pub. L. 100-483, in introductory provisions,

substituted "not more than $15,000,000 for each of the fiscal years

ending September 30, 1990, through September 30, 1994" for

"$10,000,000 for the fiscal year ending September 30, 1985. This

amount shall be increased by $1,000,000 for each fiscal year

thereafter for four additional years" and "an institute or to

institutes participating in a generic mineral technology center"

for "institutes".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1223, 1226 of this title.

-End-

-CITE-

30 USC Sec. 1223 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1223. Funding criteria

-STATUTE-

(a) Funds available to institutes under sections 1221 and 1222 of

this title shall be paid at such times and in such amounts during

each fiscal year as determined by the Secretary, and upon vouchers

approved by him. Each institute shall -

(1) set forth its plan to provide for the training of

individuals as mineral engineers and scientists under a

curriculum appropriate to the field of mineral resources and

mineral engineering and related fields;

(2) set forth policies and procedures which assure that Federal

funds made available under this subchapter for any fiscal year

will supplement and, to the extent practicable, increase the

level of funds that would, in the absence of such Federal funds,

be made available for purposes of this subchapter, and in no case

supplant such funds; and

(3) have an officer appointed by its governing authority who

shall receive and account for all funds paid under the provisions

of this subchapter and shall make an annual report to the

Secretary on or before the first day of September of each year,

on work accomplished and the status of projects underway,

together with a detailed statement of the amounts received under

any provisions of this subchapter during the preceding fiscal

year, and of its disbursements on schedules prescribed by the

Secretary.

If any of the funds received by the authorized receiving officer of

any institute under the provisions of this subchapter shall by any

action or contingency be found by the Secretary to have been

improperly diminished, lost, or misapplied, such funds shall be

replaced by the State concerned and until so replaced no subsequent

appropriation shall be allotted or paid to any institute of such

State.

(b) The institutes are authorized and encouraged to plan and

conduct programs under this subchapter in cooperation with each

other and with such other agencies and individuals as may

contribute to the solution of the mining and mineral resources

problems involved. Moneys appropriated pursuant to this subchapter

shall be available for paying the necessary expenses of planning,

coordinating, and conducting such cooperative research.

-SOURCE-

(Pub. L. 98-409, Sec. 3, Aug. 29, 1984, 98 Stat. 1538.)

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1223, Pub. L. 95-87, title III, Sec. 303, Aug. 3,

1977, 91 Stat. 453, contained provisions similar to this section

covering fiscal years 1978 through 1984.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1224 of this title.

-End-

-CITE-

30 USC Sec. 1224 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1224. Duties of Secretary

-STATUTE-

(a) Consulting with other agencies; prescribing rules and

regulations; furnishing advice and assistance; coordinating

research

The Secretary, acting through the Director of the United States

Bureau of Mines, shall administer this subchapter and, after full

consultation with other interested Federal agencies, shall

prescribe such rules and regulations as may be necessary to carry

out its provisions. The Secretary shall furnish such advice and

assistance as will best promote the purposes of this subchapter,

shall participate in coordinating research initiated under this

subchapter by the institutes, shall indicate to them such lines of

inquiry that seem most important, and shall encourage and assist in

the establishment and maintenance of cooperation by and between the

institutes and between them and other research organizations, the

United States Department of the Interior, and other Federal

establishments.

(b) Annual ascertainment of compliance

On or before the first day of July in each year beginning after

August 29, 1984, the Secretary shall ascertain whether the

requirements of section 1223(a) of this title have been met as to

each institute and State.

-SOURCE-

(Pub. L. 98-409, Sec. 4, Aug. 29, 1984, 98 Stat. 1538; Pub. L.

100-483, Sec. 6, Oct. 12, 1988, 102 Stat. 2340; Pub. L. 102-285,

Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-COD-

CODIFICATION

Subsec. (c) of this section, which required the Secretary to make

an annual report to Congress on the receipts, expenditures, and

work of the institutes in all States under the provisions of this

subchapter, terminated, effective May 15, 2000, pursuant to section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance. See, also, page 109 of House

Document No. 103-7.

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1224, Pub. L. 95-87, title III, Sec. 304, Aug. 3,

1977, 91 Stat. 454, contained provisions similar to this section

covering fiscal years 1978 through 1984.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-483 inserted ", acting through

the Director of the Bureau of Mines," after "The Secretary".

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (a) pursuant to section 10(b) of Pub. L. 102-285, set

out as a note under section 1 of this title.

-End-

-CITE-

30 USC Sec. 1225 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1225. Effect on colleges and universities

-STATUTE-

Nothing in this subchapter shall be construed to impair or modify

the legal relationship existing between any of the colleges or

universities under whose direction an institute is established and

the government of the State in which it is located, and nothing in

this subchapter shall in any way be construed to authorize Federal

control or direction of education at any college or university.

-SOURCE-

(Pub. L. 98-409, Sec. 5, Aug. 29, 1984, 98 Stat. 1539.)

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1225, Pub. L. 95-87, title III, Sec. 305, Aug. 3,

1977, 91 Stat. 454, contained provisions similar to this section

covering fiscal years 1978 through 1984.

-End-

-CITE-

30 USC Sec. 1226 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1226. Research

-STATUTE-

(a) Coordination with existing programs; availability of

information to public

The Secretary shall obtain the continuing advice and cooperation

of all agencies of the Federal Government concerned with mining and

mineral resources, of State and local governments, and of private

institutions and individuals to assure that the programs authorized

by this subchapter will supplement and not be redundant with

respect to established mining and minerals research programs, and

to stimulate research in otherwise neglected areas, and to

contribute to a comprehensive nationwide program of mining and

minerals research, with due regard for the protection and

conservation of the environment. The Secretary shall make generally

available information and reports on projects completed, in

progress, or planned under the provisions of this subchapter, in

addition to any direct publication of information by the institutes

themselves.

(b) Effect on Federal agencies

Nothing in this subchapter is intended to give or shall be

construed as giving the Secretary any authority over mining and

mineral resources research conducted by any agency of the Federal

Government, or as repealing or diminishing existing authorities or

responsibilities of any agency of the Federal Government to plan

and conduct, contract for, or assist in research in its area of

responsibility and concern with regard to mining and mineral

resources.

(c) Availability of results to public

No research, demonstration, or experiment shall be carried out

under this subchapter by an institute financed by grants under this

subchapter, unless all uses, products, processes, patents, and

other developments resulting therefrom, with such exception or

limitation, if any, as the Secretary may find necessary in the

public interest, are made available promptly to the general public.

Patentable inventions shall be governed by the provisions of Public

Law 96-517. Nothing contained in this section shall deprive the

owner of any background patent relating to any such activities of

any rights which that owner may have under that patent.

(d) Authorization of appropriations

(1) There is authorized to be appropriated to the Secretary

$450,000 for each of the fiscal years ending September 30, 1990,

through September 30, 1994, to administer this subchapter. No funds

may be withheld by the Secretary for administrative expenses from

those authorized to be appropriated by sections 1221 and 1222 of

this title.

(2) There are authorized to be appropriated to the Secretary such

sums as are necessary for the printing and publishing of the

results of activities carried out by institutes and generic mineral

technology centers under this subchapter, but such appropriations

shall not exceed $550,000 in any single fiscal year.

-SOURCE-

(Pub. L. 98-409, Sec. 6, Aug. 29, 1984, 98 Stat. 1539; Pub. L.

100-483, Sec. 7, Oct. 12, 1988, 102 Stat. 2340.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 96-517, referred to in subsec. (c), is Pub. L. 96-517,

Dec. 12, 1980, 94 Stat. 3015. Section 6(a) of Pub. L. 96-517,

relating to patent rights in inventions made with Federal

assistance, is classified to chapter 18 (Sec. 200 et seq.) of Title

35, Patents. For complete classification of this Act to the Code,

see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1226, Pub. L. 95-87, title III, Sec. 306, Aug. 3,

1977, 91 Stat. 454, contained provisions similar to this section

covering fiscal years 1978 through 1984.

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-483 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "There

are authorized to be appropriated after September 30, 1984, such

sums as are necessary for the printing and publishing of the

results of activities carried out by institutes under this

subchapter and for administrative planning and direction, but such

appropriations shall not exceed $1,000,000 in any single fiscal

year."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1328 of this title.

-End-

-CITE-

30 USC Sec. 1227 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1227. Center for cataloging

-STATUTE-

The Secretary shall establish a center for cataloging current and

projected scientific research in all fields of mining and mineral

resources. Each Federal agency doing mining and mineral resources

research shall cooperate by providing the cataloging center with

information on work underway or scheduled by it. The cataloging

center shall classify and maintain for public use a catalog of

mining and mineral resources research and investigation projects in

progress or scheduled by all Federal agencies and by such

non-Federal agencies of government, colleges, universities, private

institutions, firms, and individuals as may make such information

available.

-SOURCE-

(Pub. L. 98-409, Sec. 7, Aug. 29, 1984, 98 Stat. 1540.)

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1227, Pub. L. 95-87, title III, Sec. 307, Aug. 3,

1977, 91 Stat. 455, contained provisions similar to this section

covering fiscal years 1978 through 1984.

-End-

-CITE-

30 USC Sec. 1228 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1228. Interagency cooperation

-STATUTE-

The President shall, by such means as he deems appropriate,

clarify agency responsibility for Federal mining and mineral

resources research and provide for interagency coordination of such

research, including the research authorized by this subchapter.

Such coordination shall include -

(1) continuing review of the adequacy of the Government-wide

program in mining and mineral resources research;

(2) identification and elimination of duplication and overlap

between agency programs;

(3) identification of technical needs in various mining and

mineral resources research categories;

(4) recommendations with respect to allocation of technical

effort among Federal agencies;

(5) review of technical manpower needs, and findings concerning

management policies to improve the quality of the Government-wide

research effort; and

(6) actions to facilitate interagency communication at

management levels.

-SOURCE-

(Pub. L. 98-409, Sec. 8, Aug. 29, 1984, 98 Stat. 1540.)

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1228, Pub. L. 95-87, title III, Sec. 308, Aug. 3,

1977, 91 Stat. 455, contained provisions similar to this section

covering fiscal years 1978 through 1984.

-End-

-CITE-

30 USC Sec. 1229 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1229. Committee on Mining and Mineral Resources Research

-STATUTE-

(a) Appointment; composition

The Secretary shall appoint a Committee on Mining and Mineral

Resources Research composed of -

(1) the Assistant Secretary of the Interior responsible for

minerals and mining research, or his delegate;

(2) the Director, United States Bureau of Mines, or his

delegate;

(3) the Director, United States Geological Survey, or his

delegate;

(4) the Director of the National Science Foundation, or his

delegate;

(5) the President, National Academy of Sciences, or his

delegate;

(6) the President, National Academy of Engineering, or his

delegate; and

(7) not more than 7 other persons who are knowledgeable in the

fields of mining and mineral resources research, including two

university administrators involved in the conduct of programs

authorized by this subchapter, 3 representatives from the mining

industry, a working miner, and a representative from the

conservation community. In making these 7 appointments, the

Secretary shall consult with interested groups.

(b) Consultation and recommendations

The Committee shall consult with, and make recommendations to,

the Secretary on all matters relating to mining and mineral

resources research and the determinations that are required to be

made under this subchapter. The Secretary shall consult with, and

consider recommendations of, such Committee in such matters.

(c) Compensation, travel, subsistence and related expenses

Committee members, other than officers or employees of Federal,

State, or local governments, shall be, for each day (including

traveltime) during which they are performing Committee business,

paid at a rate fixed by the Secretary but not (!1) excess of the

daily equivalent of the maximum rate of pay for grade GS-18 of the

General Schedule under section 5332 of title 5, and shall be fully

reimbursed for travel, subsistence, and related expenses.

(d) Chairmanship of Committee

The Committee shall be jointly chaired by the Assistant Secretary

of the Interior responsible for minerals and mining and a person to

be elected by the Committee from among the members referred to in

paragraphs (5), (6), and (7) of subsection (a) of this section.

(e) National plan for research

The Committee shall develop a national plan for research in

mining and mineral resources, considering ongoing efforts in the

universities, the Federal Government, and the private sector, and

shall formulate and recommend a program to implement the plan

utilizing resources provided for under this subchapter. The

Committee shall submit such plan to the Secretary, the President,

and the Congress on or before March 1, 1986, and shall submit an

annual update of such plan by January 15 of each calendar year.

(f) Application of Federal Advisory Committee Act

Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.)

shall not apply to the Committee.

-SOURCE-

(Pub. L. 98-409, Sec. 9, Aug. 29, 1984, 98 Stat. 1540; Pub. L.

100-483, Secs. 8, 9, Oct. 12, 1988, 102 Stat. 2340; Pub. L.

102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-

REFERENCES IN TEXT

Section 10 of the Federal Advisory Committee Act, referred to in

subsec. (f), is section 10 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 1229, Pub. L. 95-87, title III, Sec. 309, Aug. 3,

1977, 91 Stat. 455, contained provisions similar to this section

covering fiscal years 1978 through 1984.

AMENDMENTS

1988 - Subsec. (a)(7). Pub. L. 100-483, Sec. 8, substituted "7

other persons" for "six other persons", "this subchapter, 3" for

"section 301 of the Surface Mining Control and Reclamation Act of

1977, two", and "7 appointments" for "six appointments".

Subsec. (e). Pub. L. 100-483, Sec. 9, substituted "submit an

annual update of such plan by January 15 of each calendar year" for

"update the plan annually thereafter".

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102-285, set

out as a note under section 1 of this title.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(e) of this section relating to the requirement to submit annual

updates of the national plan to Congress, see section 3003 of Pub.

L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 157 of House Document No.

103-7.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

REPORTS

Section 11 of Pub. L. 100-483 directed Committee on Mining and

Mineral Resources Research to submit a report to Congress by Jan.

15, 1992, on programs established under this subchapter, including

reviews of activities of the institutes and generic mineral

technology centers established under this subchapter, each

institute's and center's eligibility pursuant to section 1230 of

this title, and recommendations on establishing new generic mineral

technology centers, as well as phasing out or consolidating

existing centers, and further directed Committee to submit to

Congress, by Jan. 15, 1990, a proposal to establish a Generic

Mineral Technology Center on Strategic and Critical Minerals.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1221 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "in".

-End-

-CITE-

30 USC Sec. 1230 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1230. Eligibility criteria

-STATUTE-

(a) The Committee shall determine the eligibility of a college or

university to participate as a mining and mineral resources

research institute under this subchapter using criteria which

include -

(1) the presence of a substantial program of graduate

instruction and research in mining or mineral extraction or

closely related fields which has a demonstrated history of

achievement;

(2) evidence of institutional commitment for the purposes of

this subchapter;

(3) evidence that such institution has or can obtain

significant industrial cooperation in activities within the scope

of this subchapter; and

(4) the presence of an engineering program in mining or

minerals extraction that is accredited by the Accreditation Board

for Engineering and Technology, or evidence of equivalent

institutional capability as determined by the Committee.

(b)(1) Notwithstanding the provisions of subsection (a) of this

section, those colleges or universities which, on October 12, 1988,

have a mining or mineral resources research institute program which

has been found to be eligible pursuant to this subchapter shall

continue to be eligible subject to review at least once during the

period authorized by the Mining and Mineral Resources Research

Institute Amendments of 1988, under the provisions of subsection

(a) of this section. The results of such review shall be submitted

by January 15, 1992, pursuant to section 11(a)(2) of the Mining and

Mineral Resources Research Institute Amendments of 1988.

(2) Generic mineral technology centers established by the

Secretary under this subchapter are to be composed of institutes

eligible pursuant to subsection (a) of this section. Existing

generic mineral technology centers shall continue to be eligible

under this subchapter subject to at least one review prior to

January 15, 1992, pursuant to section 11(a)(3) of the Mining and

Mineral Resources Research Institute Amendments of 1988.

-SOURCE-

(Pub. L. 98-409, Sec. 10, Aug. 29, 1984, 98 Stat. 1541; Pub. L.

100-483, Sec. 10, Oct. 12, 1988, 102 Stat. 2340.)

-REFTEXT-

REFERENCES IN TEXT

The Mining and Mineral Resources Research Institute Amendments of

1988, referred to in subsec. (b), is Pub. L. 100-483, Oct. 12,

1988, 102 Stat. 2339. Section 11(a)(2) and (3) of the Mining and

Mineral Resources Research Institute Amendments of 1988 is set out

as a note under section 1229 of this title. For complete

classification of this Act to the Code, see Short Title of 1988

Amendment note set out under section 1201 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-483 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"Notwithstanding the provisions of subsection (a) of this section,

those colleges or universities which, on August 29, 1984, have a

mining or mineral resources research institute program which has

been found to be eligible pursuant to title III of the Surface

Mining Control and Reclamation Act of 1977 (91 Stat. 445) shall

continue to be eligible pursuant to this subchapter for a period of

four fiscal years beginning October 1, 1984."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1221 of this title.

-End-

-CITE-

30 USC Sec. 1230a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH

INSTITUTES

-HEAD-

Sec. 1230a. Strategic Resources Generic Mineral Technology Center

-STATUTE-

(a) Establishment

The Secretary of (!1) Interior is authorized and directed to

establish a Strategic Resources Mineral Technology Center

(hereinafter referred to as the "center") for the purpose of

improving existing, and developing new, technologies that will

decrease the dependence of the United States on supplies of

strategic and critical minerals.

(b) Functions

The center shall -

(1) provide for studies and technology development in the areas

of mineral extraction and refining processes, product

substitution and conservation of mineral resources through

recycling and advanced processing and fabrication methods;

(2) identify new deposits of strategic and critical mineral

resources; and

(3) facilitate the transfer of information, studies, and

technologies developed by the center to the private sector.

(c) Criteria

The Secretary shall establish the center referred to in

subsection (a) of this section at a university that -

(1) does not currently host a generic mineral technology

center;

(2) has established advanced degree programs in geology and

geological engineering, and metallurgical and mining engineering;

(3) has expertise in materials and advanced processing

research; and

(4) is located west of the 100th meridian.

(d) Authorization of appropriations

There is authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 98-409, Sec. 12, as added Pub. L. 101-498, Sec. 2, Nov. 2,

1990, 104 Stat. 1207.)

-COD-

CODIFICATION

Section was enacted as part of the Mining and Mineral Resources

Research Institute Act of 1984, and not as part of the Surface

Mining Control and Reclamation Act of 1977 which comprises this

chapter.

-FOOTNOTE-

(!1) So in original. Probably should be "of the".

-End-

-CITE-

30 USC SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1211, 1253, 1309b of

this title; title 33 section 2336.

-End-

-CITE-

30 USC Sec. 1231 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1231. Abandoned Mine Reclamation Fund

-STATUTE-

(a) Establishment; administration; State funds

There is created on the books of the Treasury of the United

States a trust fund to be known as the Abandoned Mine Reclamation

Fund (hereinafter referred to as the "fund") which shall be

administered by the Secretary of the Interior. State abandoned mine

reclamation funds (State funds) generated by grants from this

subchapter shall be established by each State pursuant to an

approved State program.

(b) Sources of deposits to fund

The fund shall consist of amounts deposited in the fund, from

time to time derived from -

(1) the reclamation fees levied under section 1232 of this

title;

(2) any user charge imposed on or for land reclaimed pursuant

to this subchapter after expenditures for maintenance have been

deducted;

(3) donations by persons, corporations, associations, and

foundations for the purposes of this subchapter;

(4) recovered moneys as provided for in this subchapter; and

(5) interest credited to the fund under subsection (e) of this

section.

(c) Use of moneys

Moneys in the fund may be used for the following purposes:

(1) reclamation and restoration of land and water resources

adversely affected by past coal mining, including but not limited

to reclamation and restoration of abandoned surface mine areas,

abandoned coal processing areas, and abandoned coal refuse

disposal areas; sealing and filling abandoned deep mine entries

and voids; planting of land adversely affected by past coal

mining to prevent erosion and sedimentation; prevention,

abatement, treatment, and control of water pollution created by

coal mine drainage including restoration of stream beds, and

construction and operation of water treatment plants; prevention,

abatement, and control of burning coal refuse disposal areas and

burning coal in situ; prevention, abatement, and control of coal

mine subsidence; and establishment of self-sustaining, individual

State administered programs to insure private property against

damages caused by land subsidence resulting from underground coal

mining in those States which have reclamation plans approved in

accordance with section 1253 of this title: Provided, That funds

used for this purpose shall not exceed $3,000,000 of the funds

made available to any State under section 1232(g)(1) of this

title;

(2) for transfer on an annual basis to the Secretary of

Agriculture for use under section 1236 of this title;

(3) acquisition and filling of voids and sealing of tunnels,

shafts, and entryways under section 1239 of this title;

(4) acquisition of land as provided for in this subchapter;

(5) enforcement and collection of the reclamation fee provided

for in section 1232 of this title;

(6) studies, research, and demonstration projects by the

Department of the Interior to such extent or in such amounts as

are provided in appropriation Acts with public and private

organizations conducted in accordance with section 3501 of the

Omnibus Budget Reconciliation Act of 1986, conducted for the

purposes of this subchapter;

(7) restoration, reclamation, abatement, control, or prevention

of adverse effects of coal mining which constitutes an emergency

as provided for in this subchapter;

(8) grants to the States to accomplish the purposes of this

subchapter;

(9) administrative expenses of the United States and each State

to accomplish the purposes of this subchapter;

(10) for use under section 1240a of this title;

(11) for the purpose of section 1257(c) of this title, except

that not more than $10,000,000 shall annually be available for

such purpose;

(12) for the purpose described in section 1232(h) of this

title; and

(13) all other necessary expenses to accomplish the purposes of

this subchapter.

(d) Moneys available upon appropriation; no fiscal year limitation

Moneys from the fund shall be available for the purposes of this

subchapter, only when appropriated therefor, and such

appropriations shall be made without fiscal year limitations.

(e) Interest

The Secretary of the Interior shall notify the Secretary of the

Treasury as to what portion of the fund is not, in his judgment,

required to meet current withdrawals. The Secretary of the Treasury

shall invest such portion of the fund in public debt securities

with maturities suitable for the needs of such fund and bearing

interest at rates determined by the Secretary of the Treasury,

taking into consideration current market yields on outstanding

marketable obligations of the United States of comparable

maturities. The income on such investments shall be credited to,

and form a part of, the fund.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 401, Aug. 3, 1977, 91 Stat. 456;

Pub. L. 98-473, title I, Sec. 101(c) [title III, Sec. 324], Oct.

12, 1984, 98 Stat. 1837, 1875; Pub. L. 101-508, title VI, Sec.

6002, Nov. 5, 1990, 104 Stat. 1388-289; Pub. L. 102-486, title XIX,

Sec. 19143(b)(3)(A), title XXV, Sec. 2504(c)(1), Oct. 24, 1992, 106

Stat. 3056, 3105.)

-REFTEXT-

REFERENCES IN TEXT

Section 3501 of the Omnibus Budget Reconciliation Act of 1986,

referred to in subsec. (c)(6), is section 3501 of Pub. L. 99-509,

which is set out below.

-MISC1-

AMENDMENTS

1992 - Subsec. (c)(6). Pub. L. 102-486, Sec. 2504(c)(1),

substituted "studies, research, and demonstration projects" for

"studies" and struck out "to provide information, advice, and

technical assistance, including research and demonstration

projects" after "private organizations".

Subsec. (c)(12), (13). Pub. L. 102-486, Sec. 19143(b)(3)(A),

added par. (12) and redesignated former par. (12) as (13).

1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 6002(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

"the reclamation fees levied under section 1232 of this title:

Provided, That an amount not to exceed 10 per centum of such

reclamation fees collected for any calendar quarter shall be

reserved beginning in the first calendar year in which the fee is

imposed and continuing for the remainder of that fiscal year and

for the period in which such fee is imposed by law, for the purpose

of section 1257(c) of this title, subject to appropriation pursuant

to authorization under section 1302 of this title: Provided

further, That not more than $10,000,000 shall be available for such

purposes;".

Subsec. (b)(5). Pub. L. 101-508, Sec. 6002(a)(2), added par. (5).

Subsec. (c)(1). Pub. L. 101-508, Sec. 6002(b)(1), substituted

"section 1232(g)(1)" for "section 1232(g)(2)".

Subsec. (c)(2). Pub. L. 101-508, Sec. 6002(b)(2), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "for

use under section 1236 of this title, by the Secretary of

Agriculture, of up to one-fifth of the money deposited in the funds

annually and transferred by the Secretary of the Interior to the

Secretary of Agriculture for such purposes;".

Subsec. (c)(6). Pub. L. 101-508, Sec. 6002(b)(3), struck out "by

contract" after "Department of the Interior" and inserted

"conducted in accordance with section 3501 of the Omnibus Budget

Reconciliation Act of 1986" after "projects".

Subsec. (c)(10) to (12). Pub. L. 101-508, Sec. 6002(b)(5), added

pars. (10) and (11) and redesignated former par. (10) as (12).

Subsec. (e). Pub. L. 101-508, Sec. 6002(c), added subsec. (e).

1984 - Subsec. (c)(1). Pub. L. 98-473 inserted at end "and

establishment of self-sustaining, individual State administered

programs to insure private property against damages caused by land

subsidence resulting from underground coal mining in those States

which have reclamation plans approved in accordance with section

1253 of this title: Provided, That funds used for this purpose

shall not exceed $3,000,000 of the funds made available to any

State under section 1232(g)(2) of this title;".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 6014 of Pub. L. 101-508 provided that: "The amendments

made by this subtitle [subtitle A (Secs. 6001-6014) of title VI of

Pub. L. 101-508, enacting section 1240a of this title and amending

this section and sections 1232 to 1237, 1239, 1257, and 1302 of

this title] shall take effect at the beginning of the first fiscal

year [Oct. 1, 1991] immediately following the fiscal year in which

this subtitle is enacted."

SAVINGS PROVISION

Section 6013 of Pub. L. 101-508 provided that: "Nothing in this

subtitle [subtitle A (Secs. 6001-6014) of title VI of Pub. L.

101-508, see Short Title of 1990 Amendment note set out under

section 1201 of this title] shall be construed to affect the

certifications made by the State of Wyoming, the State of Montana,

and the State of Louisiana to the Secretary of the Interior prior

to the date of enactment of this subtitle [Nov. 5, 1990] that such

State has completed the reclamation of eligible abandoned coal mine

lands."

ABANDONED MINE RECLAMATION FUND; DEPOSIT AND EXPENDITURE OF CERTAIN

DONATIONS

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,

112 Stat. 2681-231, 2681-245, provided in part: "That hereafter,

donations received to support projects under the Appalachian Clean

Streams Initiative and under the Western Mine Lands Restoration

Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be

credited to this account and remain available until expended

without further appropriation for projects sponsored under these

initiatives, directly through agreements with other Federal

agencies, or through grants to States, and funding to local

governments, or tax exempt private entities."

ABANDONED MINE RECLAMATION RESEARCH AND DEVELOPMENT

Pub. L. 99-509, title III, Sec. 3501, Oct. 21, 1986, 100 Stat.

1891, as amended by Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106

Stat. 172, provided that: "After the enactment of this Act, the

research and demonstration authorities of the Department of the

Interior under the provisions of section 401(c)(6) of the Surface

Mining Control and Reclamation Act of 1977 (Public Law 95-87) [30

U.S.C. 1231(c)(6)] shall be transferred to, and carried out by, the

Director of the United States Bureau of Mines. Research and

demonstration projects under such provision shall be selected by a

panel appointed by the Director of the United States Bureau of

Mines to be comprised of 9 persons, including 4 representatives of

State abandoned mine reclamation programs, 4 representatives of the

United States Bureau of Mines, and one representative of the Office

of Surface Mining Reclamation and Enforcement."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232, 1291, 1302, 1309b

of this title.

-End-

-CITE-

30 USC Sec. 1232 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1232. Reclamation fee

-STATUTE-

(a) Payment; rate

All operators of coal mining operations subject to the provisions

of this chapter shall pay to the Secretary of the Interior, for

deposit in the fund, a reclamation fee of 35 cents per ton of coal

produced by surface coal mining and 15 cents per ton of coal

produced by underground mining or 10 per centum of the value of the

coal at the mine, as determined by the Secretary, whichever is

less, except that the reclamation fee for lignite coal shall be at

a rate of 2 per centum of the value of the coal at the mine, or 10

cents per ton, whichever is less.

(b) Due date

Such fee shall be paid no later than thirty days after the end of

each calendar quarter beginning with the first calendar quarter

occurring after August 3, 1977, and ending September 30, 2004,

after which time the fee shall be established at a rate to continue

to provide for the deposit referred to in subsection (h) of this

section.

(c) Submission of statement

Together with such reclamation fee, all operators of coal mine

operations shall submit a statement of the amount of coal produced

during the calendar quarter, the method of coal removal and the

type of coal, the accuracy of which shall be sworn to by the

operator and notarized. Such statement shall include an

identification of the permittee of the surface coal mining

operation, any operator in addition to the permittee, the owner of

the coal, the preparation plant, tripple,(!1) or loading point for

the coal, and the person purchasing the coal from the operator. The

report shall also specify the number of the permit required under

section 1256 of this title and the mine safety and health

identification number. Each quarterly report shall contain a

notification of any changes in the information required by this

subsection since the date of the preceding quarterly report. The

information contained in the quarterly reports under this

subsection shall be maintained by the Secretary in a computerized

database.

(d) Penalty

(1) Any person, corporate officer, agent or director, on behalf

of a coal mine operator, who knowingly makes any false statement,

representation or certification, or knowingly fails to make any

statement, representation or certification required in this section

shall, upon conviction, be punished by a fine of not more than

$10,000, or by imprisonment for not more than one year, or both.

(2) The Secretary shall conduct such audits of coal production

and the payment of fees under this subchapter as may be necessary

to ensure full compliance with the provisions of this subchapter.

For purposes of performing such audits the Secretary (or any duly

designated officer, employee, or representative of the Secretary)

shall, at all reasonable times, upon request, have access to, and

may copy, all books, papers, and other documents of any person

subject to the provisions of this subchapter. The Secretary may at

any time conduct audits of any surface coal mining and reclamation

operation, including without limitation, tipples and preparation

plants, as may be necessary in the judgment of the Secretary to

ensure full and complete payment of the fees under this subchapter.

(e) Civil action to recover fee

Any portion of the reclamation fee not properly or promptly paid

pursuant to this section shall be recoverable, with statutory

interest, from coal mine operators, in any court of competent

jurisdiction in any action at law to compel payment of debts.

(f) Cooperation from other agencies

All Federal and State agencies shall fully cooperate with the

Secretary of the Interior in the enforcement of this section.

Whenever the Secretary believes that any person has not paid the

full amount of the fee payable under subsection (a) of this section

the Secretary shall notify the Federal agency responsible for

ensuring compliance with the provisions of section 4121 of title

26.

(g) Allocation of funds

(1) Except as provided in subsection (h) of this section, moneys

deposited into the fund shall be allocated by the Secretary to

accomplish the purposes of this subchapter as follows:

(A) 50 percent of the reclamation fees collected annually in

any State (other than fees collected with respect to Indian

lands) shall be allocated annually by the Secretary to the State,

subject to such State having each of the following:

(i) An approved abandoned mine reclamation program pursuant

to section 1235 of this title.

(ii) Lands and waters which are eligible pursuant to section

1234 of this title (in the case of a State not certified under

section 1240a(a) of this title) or pursuant to section 1240a(b)

of this title (in the case of a State certified under section

1240a(a) of this title).

(B) 50 percent of the reclamation fees collected annually with

respect to Indian lands shall be allocated annually by the

Secretary to the Indian tribe having jurisdiction over such

lands, subject to such tribe having each of the following:

(i) an (!2) approved abandoned mine reclamation program

pursuant to section 1235 of this title.

(ii) Lands and waters which are eligible pursuant to section

1234 of this title (in the case of an Indian tribe not

certified under section 1240a(a) of this title) or pursuant to

section 1240a(b) of this title (in the case of a tribe

certified under section 1240a(a) of this title).

(C) The funds allocated by the Secretary under this paragraph

to States and Indian tribes shall only be used for annual

reclamation project construction and program administration

grants.

(D) To the extent not expended within 3 years after the date of

any grant award under this paragraph, such grant shall be

available for expenditure by the Secretary in any area under

paragraph (2), (3), (4), or (5).

(2) 20 percent of the amounts available in the fund in any fiscal

year which are not allocated under paragraph (1) in that fiscal

year (including that interest accruing as provided in section

1231(e) of this title and including funds available for

reallocation pursuant to paragraph (1)(D)), shall be allocated to

the Secretary only for the purpose of making the annual transfer to

the Secretary of Agriculture under section 1231(c)(2) of this

title.

(3) Amounts available in the fund which are not allocated to

States and Indian tribes under paragraph (1) or allocated under

paragraphs (2) and (5) are authorized to be expended by the

Secretary for any of the following:

(A) For the purpose of section 1257(c) of this title, either

directly or through grants to the States, subject to the

limitation contained in section 1231(c)(11) of this title.

(B) For the purpose of section 1240 of this title (relating to

emergencies).

(C) For the purpose of meeting the objectives of the fund set

forth in section 1233(a) of this title for eligible lands and

waters pursuant to section 1234 of this title in States and on

Indian lands where the State or Indian tribe does not have an

approved abandoned mine reclamation program pursuant to section

1235 of this title.

(D) For the administration of this subchapter by the Secretary.

(4)(A) Amounts available in the fund which are not allocated

under paragraphs (1), (2), and (5) or expended under paragraph (3)

in any fiscal year are authorized to be expended by the Secretary

under this paragraph for the reclamation or drainage abatement of

lands and waters within unreclaimed sites which are mined for coal

or which were affected by such mining, wastebanks, coal processing

or other coal mining processes and left in an inadequate

reclamation status.

(B) Funds made available under this paragraph may be used for

reclamation or drainage abatement at a site referred to in

subparagraph (A) if the Secretary makes either of the following

findings:

(i) A finding that the surface coal mining operation occurred

during the period beginning on August 4, 1977, and ending on or

before the date on which the Secretary approved a State program

pursuant to section 1253 of this title for a State in which the

site is located, and that any funds for reclamation or abatement

which are available pursuant to a bond or other form of financial

guarantee or from any other source are not sufficient to provide

for adequate reclamation or abatement at the site.

(ii) A finding that the surface coal mining operation occurred

during the period beginning on August 4, 1977, and ending on or

before November 5, 1990, and that the surety of such mining

operator became insolvent during such period, and as of November

5, 1990, funds immediately available from proceedings relating to

such insolvency, or from any financial guarantee or other source

are not sufficient to provide for adequate reclamation or

abatement at the site.

(C) In determining which sites to reclaim pursuant to this

paragraph, the Secretary shall follow the priorities stated in

paragraphs (1) and (2) of section 1233(a) of this title. The

Secretary shall ensure that priority is given to those sites which

are in the immediate vicinity of a residential area or which have

an adverse economic impact upon a local community.

(D) Amounts collected from the assessment of civil penalties

under section 1268 of this title are authorized to be appropriated

to carry out this paragraph.

(E) Any State may expend grants made available under paragraphs

(1) and (5) for reclamation and abatement of any site referred to

in subparagraph (A) if the State, with the concurrence of the

Secretary, makes either of the findings referred to in clause (i)

or (ii) of subparagraph (B) and if the State determines that the

reclamation priority of the site is the same or more urgent than

the reclamation priority for eligible lands and waters pursuant to

section 1234 of this title under the priorities stated in

paragraphs (1) and (2) of section 1233(a) of this title.

(F) For the purposes of the certification referred to in section

1240a(a) of this title, sites referred to in subparagraph (A) of

this paragraph shall be considered as having the same priorities as

those stated in section 1233(a) of this title for eligible lands

and waters pursuant to section 1234 of this title. All sites

referred to in subparagraph (A) of this paragraph within any State

shall be reclaimed prior to such State making the certification

referred to in section 1240a(a) of this title.

(5) The Secretary shall allocate 40 percent of the amount in the

fund after making the allocation referred to in paragraph (1) for

making additional annual grants to States and Indian tribes which

are not certified under section 1240a(a) of this title to

supplement grants received by such States and Indian tribes

pursuant to paragraph (1)(C) until the priorities stated in

paragraphs (1) and (2) of section 1233(a) of this title have been

achieved by such State or Indian tribe. The allocation of such

funds for the purpose of making such expenditures shall be through

a formula based on the amount of coal historically produced in the

State or from the Indian lands concerned prior to August 3, 1977.

Funds allocated or expended by the Secretary under paragraphs (2),

(3), or (4) of this subsection for any State or Indian tribe shall

not be deducted against any allocation of funds to the State or

Indian tribe under paragraph (1) or under this paragraph.

(6) Any State may receive and retain, without regard to the

3-year limitation referred to in paragraph (1)(D), up to 10 percent

of the total of the grants made annually to such State under

paragraphs (1) and (5) if such amounts are deposited into either -

(A) a special trust fund established under State law pursuant

to which such amounts (together with all interest earned on such

amounts) are expended by the State solely to achieve the

priorities stated in section 1233(a) of this title after

September 30, 1995, or

(B) an acid mine drainage abatement and treatment fund

established under State law as provided in paragraph (7).

(7)(A) Any State may establish under State law an acid mine

drainage abatement and treatment fund from which amounts (together

with all interest earned on such amounts) are expended by the State

to implement, in consultation with the Soil Conservation Service,

acid mine drainage abatement and treatment plans approved by the

Secretary. Such plans shall provide for the comprehensive abatement

of the causes and treatment of the effects of acid mine drainage

within qualified hydrologic units affected by coal mining

practices.

(B) The plan shall include, but shall not be limited to, each of

the following:

(i) An identification of the qualified hydrologic unit.

(ii) The extent to which acid mine drainage is affecting the

water quality and biological resources within the hydrologic

unit.

(iii) An identification of the sources of acid mine drainage

within the hydrologic unit.

(iv) An identification of individual projects and the measures

proposed to be undertaken to abate and treat the causes or

effects of acid mine drainage within the hydrologic unit.

(v) The cost of undertaking the proposed abatement and

treatment measures.

(vi) An identification of existing and proposed sources of

funding for such measures.

(vii) An analysis of the cost-effectiveness and environmental

benefits of abatement and treatment measures.

(C) The Secretary may approve any plan under this paragraph only

after determining that such plan meets the requirements of this

paragraph. In conducting an analysis of the items referred to in

clauses (iv), (v), and (vii) the Director of the Office of Surface

Mining shall obtain the comments of the Director of the United

States Bureau of Mines. In approving plans under this paragraph,

the Secretary shall give a priority to those plans which will be

implemented in coordination with measures undertaken by the

Secretary of Agriculture under section 1236 of this title.

(D) For purposes of this paragraph, the term "qualified

hydrologic unit" means a hydrologic unit -

(i) in which the water quality has been significantly affected

by acid mine drainage from coal mining practices in a manner

which adversely impacts biological resources; and

(ii) which contains lands and waters which are -

(I) eligible pursuant to section 1234 of this title and

include any of the priorities stated in paragraph (1), (2), or

(3) of section 1233(a) of this title; and

(II) proposed to be the subject of the expenditures by the

State (from amounts available from the forfeiture of bonds

required under section 1259 of this title or from other State

sources) to mitigate acid mine drainage.

(8) Of the funds available for expenditure under this subsection

in any fiscal year, the Secretary shall allocate annually not less

than $2,000,000 for expenditure in each State, and for each Indian

tribe, having an approved abandoned mine reclamation program

pursuant to section 1235 of this title and eligible lands and

waters pursuant to section 1234 of this title so long as an

allocation of funds to such State or such tribe is necessary to

achieve the priorities stated in paragraphs (1) and (2) of section

1233(a) of this title.

(h) Transfer of funds to Combined Fund

(1) In the case of any fiscal year beginning on or after October

1, 1995, with respect to which fees are required to be paid under

this section, the Secretary shall, as of the beginning of such

fiscal year and before any allocation under subsection (g) of this

section, make the transfer provided in paragraph (2).

(2) The Secretary shall transfer from the fund to the United Mine

Workers of America Combined Benefit Fund established under section

9702 of title 26 for any fiscal year an amount equal to the sum of

-

(A) the amount of the interest which the Secretary estimates

will be earned and paid to the Fund during the fiscal year, plus

(B) the amount by which the amount described in subparagraph

(A) is less than $70,000,000.

(3)(A) The aggregate amount which may be transferred under

paragraph (2) for any fiscal year shall not exceed the amount of

expenditures which the trustees of the Combined Fund estimate will

be debited against the unassigned beneficiaries premium account

under section 9704(e) of title 26 for the fiscal year of the

Combined Fund in which the transfer is made.

(B) The aggregate amount which may be transferred under paragraph

(2)(B) for all fiscal years shall not exceed an amount equivalent

to all interest earned and paid to the fund after September 30,

1992, and before October 1, 1995.

(4) If, for any fiscal year, the amount transferred is more or

less than the amount required to be transferred, the Secretary

shall appropriately adjust the amount transferred for the next

fiscal year.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 402, Aug. 3, 1977, 91 Stat. 457;

Pub. L. 100-34, title I, Sec. 101, May 7, 1987, 101 Stat. 300; Pub.

L. 101-508, title VI, Secs. 6003, 6004, Nov. 5, 1990, 104 Stat.

1388-290, 1388-291; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106

Stat. 172; Pub. L. 102-486, title XIX, Sec. 19143(b)(1), (2),

(3)(B), title XXV, Sec. 2515, Oct. 24, 1992, 106 Stat. 3056, 3113.)

-COD-

CODIFICATION

November 5, 1990, referred to in subsec. (g)(4)(B)(ii), was in

the original "the date of enactment of this paragraph", which was

translated as meaning the date of enactment of Pub. L. 101-508,

which amended this section generally, to reflect the probable

intent of Congress.

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-486, Sec. 2515, which directed

that subsec. (b) be amended by substituting "2004, after which time

the fee shall be established at a rate to continue to provide for

the deposit referred to in subsection (h) of this section" for

"1995", was executed by inserting ", after which time the fee shall

be established at a rate to continue to provide for the deposit

referred to in subsection (h) of this section" after "2004", to

reflect the probable intent of Congress and the intervening

amendment by Pub. L. 102-486, Sec. 19143(b)(1). See below.

Pub. L. 102-486, Sec. 19143(b)(1), substituted "2004" for "1995"

before period at end.

Subsec. (g)(1). Pub. L. 102-486, Sec. 19143(b)(3)(B), substituted

"Except as provided in subsection (h) of this section, moneys" for

"Moneys".

Subsec. (h). Pub. L. 102-486, Sec. 19143(b)(2), added subsec.

(h).

1990 - Subsec. (b). Pub. L. 101-508, Sec. 6003(a), substituted

"ending September 30, 1995" for "ending fifteen years after August

3, 1977, unless extended by an Act of Congress".

Subsec. (c). Pub. L. 101-508, Sec. 6003(b), inserted at end "Such

statement shall include an identification of the permittee of the

surface coal mining operation, any operator in addition to the

permittee, the owner of the coal, the preparation plant, tripple,

or loading point for the coal, and the person purchasing the coal

from the operator. The report shall also specify the number of the

permit required under section 1256 of this title and the mine

safety and health identification number. Each quarterly report

shall contain a notification of any changes in the information

required by this subsection since the date of the preceding

quarterly report. The information contained in the quarterly

reports under this subsection shall be maintained by the Secretary

in a computerized database."

Subsec. (d). Pub. L. 101-508, Sec. 6003(c), designated existing

provisions as par. (1) and added par. (2).

Subsec. (f). Pub. L. 101-508, Sec. 6003(d), inserted at end

"Whenever the Secretary believes that any person has not paid the

full amount of the fee payable under subsection (a) of this section

the Secretary shall notify the Federal agency responsible for

ensuring compliance with the provisions of section 4121 of title

26."

Subsec. (g). Pub. L. 101-508, Sec. 6004, amended subsec. (g)

generally, substituting present provisions for provisions relating

to geographic allocation of expenditures from the fund, providing

for allocation of 50 percent of funds collected annually in any

State or Indian reservation to that State or Indian reservation

pursuant to approved reclamation program, providing for special

State set-aside for future expenditure, and authorizing expenditure

of balance of funds collected at discretion of Secretary in order

to meet the purposes of this subchapter.

1987 - Subsec. (g)(3), (4). Pub. L. 100-34 added par. (3) and

redesignated former par. (3) as (4).

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (g)(7)(C) pursuant to section 10(b) of Pub. L. 102-285,

set out as a note under section 1 of this title.

-MISC2-

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1231, 1233, 1234, 1235,

1239, 1240a, 1251a, 1291 of this title; title 26 section 9705.

-FOOTNOTE-

(!1) So in original. Probably should be "tipple,".

(!2) So in original. Probably should be capitalized.

-End-

-CITE-

30 USC Sec. 1233 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1233. Objectives of fund

-STATUTE-

(a) Priorities

Expenditure of moneys from the fund on lands and water eligible

pursuant to section 1234 of this title for the purposes of this

subchapter, except as provided for under section 1240a of this

title, shall reflect the following priorities in the order stated:

(1) the protection of public health, safety, general welfare,

and property from extreme danger of adverse effects of coal

mining practices;

(2) the protection of public health, safety, and general

welfare from adverse effects of coal mining practices;

(3) the restoration of land and water resources and the

environment previously degraded by adverse effects of coal mining

practices including measures for the conservation and development

of soil, water (excluding channelization), woodland, fish and

wildlife, recreation resources, and agricultural

productivity.(!1)

(4) the protection, repair, replacement, construction, or

enhancement of public facilities such as utilities, roads,

recreation, and conservation facilities adversely affected by

coal mining practices;

(5) the development of publicly owned land adversely affected

by coal mining practices including land acquired as provided in

this subchapter for recreation and historic purposes,

conservation, and reclamation purposes and open space benefits.

(b) Utilities and other facilities

(1) Any State or Indian tribe not certified under section

1240a(a) of this title may expend up to 30 percent of the funds

allocated to such State or Indian tribe in any year through the

grants made available under paragraphs (1) and (5) of section

1232(g) of this title for the purpose of protecting, repairing,

replacing, constructing, or enhancing facilities relating to water

supply, including water distribution facilities and treatment

plants, to replace water supplies adversely affected by coal mining

practices.

(2) If the adverse effect on water supplies referred to in this

subsection occurred both prior to and after August 3, 1977, or as

the case may be, the dates (and under the criteria) set forth under

section 1232(g)(4)(B) of this title, section 1234 of this title

shall not be construed to prohibit a State or Indian tribe referred

to in paragraph (1) from using funds referred to in such paragraph

for the purposes of this subsection if the State or Indian tribe

determines that such adverse effects occurred predominantly prior

to August 3, 1977, or as the case may be, the dates (and under the

criteria) set forth under section 1232(g)(4)(B) of this title.

(c) Inventory

For the purposes of assisting in the planning and evaluation of

reclamation projects pursuant to section 1235 of this title, and

assisting in making the certification referred to in section

1240a(a) of this title, the Secretary shall maintain an inventory

of eligible lands and waters pursuant to section 1234 of this title

which meet the priorities stated in paragraphs (1) and (2) of

subsection (a) of this section. Under standardized procedures

established by the Secretary, States and Indian tribes with

approved abandoned mine reclamation programs pursuant to section

1235 of this title may offer amendments to update the inventory as

it applies to eligible lands and waters under the jurisdiction of

such States or tribes. The Secretary shall provide such States and

tribes with the financial and technical assistance necessary for

the purpose of making inventory amendments. The Secretary shall

compile and maintain an inventory for States and Indian lands in

the case when a State or Indian tribe does not have an approved

abandoned mine reclamation program pursuant to section 1235 of this

title. On a regular basis, but not less than annually, the projects

completed under this subchapter shall be so noted on the inventory

under standardized procedures established by the Secretary.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 403, Aug. 3, 1977, 91 Stat. 458;

Pub. L. 101-508, title VI, Sec. 6005, Nov. 5, 1990, 104 Stat.

1388-294; Pub. L. 102-486, title XXV, Sec. 2504(c)(2), (e), Oct.

24, 1992, 106 Stat. 3105, 3106.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(4) to (6). Pub. L. 102-486, Sec. 2504(c)(2),

redesignated pars. (5) and (6) as (4) and (5), respectively, and

struck out former par. (4) which read as follows: "research and

demonstration projects relating to the development of surface

mining reclamation and water quality control program methods and

techniques;".

Subsec. (b)(2). Pub. L. 102-486, Sec. 2504(e), inserted ", or as

the case may be, the dates (and under the criteria) set forth under

section 1232(g)(4)(B) of this title" after "1977" in two places.

1990 - Pub. L. 101-508 designated existing provisions as subsec.

(a), inserted heading and ", except as provided for under section

1240a of this title," after "subchapter", and added subsecs. (b)

and (c).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232, 1234, 1239, 1240a,

1251a, 1291 of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

30 USC Sec. 1234 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1234. Eligible lands and water

-STATUTE-

Lands and water eligible for reclamation or drainage abatement

expenditures under this subchapter are those which were mined for

coal or which were affected by such mining, wastebanks, coal

processing, or other coal mining processes, except as provided for

under section 1240a of this title, and abandoned or left in an

inadequate reclamation status prior to August 3, 1977, and for

which there is no continuing reclamation responsibility under State

or other Federal laws. For other provisions relating to lands and

waters eligible for such expenditures, see section 1232(g)(4) of

this title, section 1233(b)(1) of this title, and section 1239 of

this title. Surface coal mining operations on lands eligible for

remining shall not affect the eligibility of such lands for

reclamation and restoration under this subchapter after the release

of the bond or deposit for any such operation as provided under

section 1269 of this title. In the event the bond or deposit for a

surface coal mining operation on lands eligible for remining is

forfeited, funds available under this subchapter may be used if the

amount of such bond or deposit is not sufficient to provide for

adequate reclamation or abatement, except that if conditions

warrant the Secretary shall immediately exercise his authority

under section 1240 of this title.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 404, Aug. 3, 1977, 91 Stat. 459;

Pub. L. 101-508, title VI, Sec. 6006, Nov. 5, 1990, 104 Stat.

1388-295; Pub. L. 102-486, title XXV, Sec. 2503(d), Oct. 24, 1992,

106 Stat. 3103.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 inserted at end "Surface coal mining

operations on lands eligible for remining shall not affect the

eligibility of such lands for reclamation and restoration under

this subchapter after the release of the bond or deposit for any

such operation as provided under section 1269 of this title. In the

event the bond or deposit for a surface coal mining operation on

lands eligible for remining is forfeited, funds available under

this subchapter may be used if the amount of such bond or deposit

is not sufficient to provide for adequate reclamation or abatement,

except that if conditions warrant the Secretary shall immediately

exercise his authority under section 1240 of this title."

1990 - Pub. L. 101-508 inserted ", except as provided for under

section 1240a of this title" after "processes" and inserted at end

"For other provisions relating to lands and waters eligible for

such expenditures, see section 1232(g)(4) of this title, section

1233(b)(1) of this title, and section 1239 of this title."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232, 1233, 1235, 1239,

1240a, 1251a, 1291 of this title.

-End-

-CITE-

30 USC Sec. 1235 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1235. State reclamation program

-STATUTE-

(a) Promulgation of regulations

Not later than the end of the one hundred and eighty-day period

immediately following August 3, 1977, the Secretary shall

promulgate and publish in the Federal Register regulations covering

implementation of an abandoned mine reclamation program

incorporating the provisions of this subchapter and establishing

procedures and requirements for preparation, submission, and

approval of State programs consisting of the plan and annual

submissions of projects.

(b) Submission of State Reclamation Plan and annual projects

Each State having within its borders coal mined lands eligible

for reclamation under this subchapter, may submit to the Secretary

a State Reclamation Plan and annual projects to carry out the

purposes of this subchapter.

(c) Restriction

The Secretary shall not approve, fund, or continue to fund a

State abandoned mine reclamation program unless that State has an

approved State regulatory program pursuant to section 1253 of this

title.

(d) Approval of State program; withdrawal

If the Secretary determines that a State has developed and

submitted a program for reclamation of abandoned mines and has the

ability and necessary State legislation to implement the provisions

of this subchapter, sections 1232 and 1240 of this title excepted,

the Secretary shall approve such State program and shall grant to

the State exclusive responsibility and authority to implement the

provisions of the approved program: Provided, That the Secretary

shall withdraw such approval and authorization if he determines

upon the basis of information provided under this section that the

State program is not in compliance with the procedures, guidelines,

and requirements established under subsection (a) of this section.

(e) Contents of State Reclamation Plan

Each State Reclamation Plan shall generally identify the areas to

be reclaimed, the purposes for which the reclamation is proposed,

the relationship of the lands to be reclaimed and the proposed

reclamation to surrounding areas, the specific criteria for ranking

and identifying projects to be funded, and the legal authority and

programmatic capability to perform such work in conformance with

the provisions of this subchapter.

(f) Annual application for support; contents

On an annual basis, each State having an approved State

Reclamation Plan may submit to the Secretary an application for the

support of the State program and implementation of specific

reclamation projects. Such annual requests shall include such

information as may be requested by the Secretary including:

(1) a general description of each proposed project;

(2) a priority evaluation of each proposed project;

(3) a statement of the estimated benefits in such terms as:

number of acres restored, miles of stream improved, acres of

surface lands protected from subsidence, population protected

from subsidence, air pollution, hazards of mine and coal refuse

disposal area fires;

(4) an estimate of the cost for each proposed project;

(5) in the case of proposed research and demonstration

projects, a description of the specific techniques to be

evaluated or objective to be attained;

(6) an identification of lands or interest therein to be

acquired and the estimated cost; and

(7) in each year after the first in which a plan is filed under

this subchapter, an inventory of each project funded under the

previous year's grant: which inventory shall include details of

financial expenditures on such project together with a brief

description of each such project, including project locations,

landowner's name, acreage, type of reclamation performed.

(g) Costs

The costs for each proposed project under this section shall

include: actual construction costs, actual operation and

maintenance costs of permanent facilities, planning and engineering

costs, construction inspection costs, and other necessary

administrative expenses.

(h) Grant of funds

Upon approval of State Reclamation Plan by the Secretary and of

the surface mine regulatory program pursuant to section 1253 of

this title, the Secretary shall grant, on an annual basis, funds to

be expended in such State pursuant to section 1232(g) of this title

and which are necessary to implement the State reclamation program

as approved by the Secretary.

(i) Program monitorship

The Secretary, through his designated agents, will monitor the

progress and quality of the program. The States shall not be

required at the start of any project to submit complete copies of

plans and specifications.

(j) Annual report to Secretary

The Secretary shall require annual and other reports as may be

necessary to be submitted by each State administering the approved

State reclamation program with funds provided under this

subchapter. Such reports shall include that information which the

Secretary deems necessary to fulfill his responsibilities under

this subchapter.

(k) Eligible lands of Indian tribes

Indian tribes having within their jurisdiction eligible lands

pursuant to section 1234 of this title or from which coal is

produced, shall be considered as a "State" for the purposes of this

subchapter except for purposes of subsection (c) of this section

with respect to the Navajo, Hopi and Crow Indian Tribes.

(g742l) State liability

No State shall be liable under any provision of Federal law for

any costs or damages as a result of action taken or omitted in the

course of carrying out a State abandoned mine reclamation plan

approved under this section. This subsection shall not preclude

liability for cost or damages as a result of gross negligence or

intentional misconduct by the State. For purposes of the preceding

sentence, reckless, willful, or wanton misconduct shall constitute

gross negligence.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 405, Aug. 3, 1977, 91 Stat. 459;

Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 416; Pub. L.

101-508, title VI, Secs. 6007, 6012(d)(1), (2), Nov. 5, 1990, 104

Stat. 1388-295, 1388-298.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(1), substituted

"preparation" for "perparation".

Subsec. (h). Pub. L. 101-508, Sec. 6012(d)(2), substituted "Upon

approval" for "Upon approved".

Subsec. (l). Pub. L. 101-508, Sec. 6007, added subsec. (l).

1987 - Subsec. (k). Pub. L. 100-71 inserted "except for purposes

of subsection (c) of this section with respect to the Navajo, Hopi

and Crow Indian Tribes" before period.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

GRANT OF FUNDS TO STATES UNDER SURFACE MINING CONTROL AND

RECLAMATION ACT

Pub. L. 97-377, title I, Sec. 150, Dec. 21, 1982, 96 Stat. 1918,

provided that: "Within 60 days of receipt of a complete abandoned

mine reclamation fund grant application from any eligible State

under the provisions of the Surface Mining Control and Reclamation

Act (91 Stat. 460) [Pub. L. 95-87, see Short Title note set out

under section 1201 of this title] the Secretary of Interior shall

grant to such State any and all funds available for such purposes

in the applicable appropriations Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232, 1233, 1240a of this

title.

-End-

-CITE-

30 USC Sec. 1236 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1236. Reclamation of rural lands

-STATUTE-

(a) Agreements with landowners for conservation treatment

In order to provide for the control and prevention of erosion and

sediment damages from unreclaimed mined lands, and to promote the

conservation and development of soil and water resources of

unreclaimed mined lands and lands affected by mining, the Secretary

of Agriculture is authorized to enter into agreements of not more

than ten years with landowners (including owners of water rights),

residents, and tenants, and individually or collectively,

determined by him to have control for the period of the agreement

of lands in question therein, providing for land stabilization,

erosion, and sediment control, and reclamation through conservation

treatment, including measures for the conservation and development

of soil, water (excluding stream channelization), woodland,

wildlife, and recreation resources, and agricultural productivity

of such lands. Such agreements shall be made by the Secretary with

the owners, including owners of water rights, residents, or tenants

(collectively or individually) of the lands in question.

(b) Conservation and development plans

The landowner, including the owner of water rights, resident, or

tenant shall furnish to the Secretary of Agriculture a conservation

and development plan setting forth the proposed land uses and

conservation treatment which shall be mutually agreed by the

Secretary of Agriculture and the landowner, including owner of

water rights, resident, or tenant to be needed on the lands for

which the plan was prepared. In those instances where it is

determined that the water rights or water supply of a tenant,

landowner, including owner of water rights, resident, or tenant

have been adversely affected by a surface or underground coal mine

operation which has removed or disturbed a stratum so as to

significantly affect the hydrologic balance, such plan may include

proposed measures to enhance water quality or quantity by means of

joint action with other affected landowners, including owner of

water rights, residents, or tenants in consultation with

appropriate State and Federal agencies.

(c) Agreement to effect plan

Such plan shall be incorporated in an agreement under which the

landowner, including owner of water rights, resident, or tenant

shall agree with the Secretary of Agriculture to effect the land

uses and conservation treatment provided for in such plan on the

lands described in the agreement in accordance with the terms and

conditions thereof.

(d) Financial and other assistance; determination by Secretary

In return for such agreement by the landowner, including owner of

water rights, resident, or tenant, the Secretary of Agriculture is

authorized to furnish financial and other assistance to such

landowner, including owner of water rights, resident, or tenant, in

such amounts and subject to such conditions as the Secretary of

Agriculture determines are appropriate in the public interest for

carrying out the land use and conservation treatment set forth in

the agreement. Grants made under this section, depending on the

income-producing potential of the land after reclaiming, shall

provide up to 80 per centum of the cost of carrying out such land

uses and conservation treatment on not more than one hundred and

twenty acres of land occupied by such owner, including water rights

owners, resident, or tenant, or on not more than one hundred and

twenty acres of land which has been purchased jointly by such

landowners, including water rights owners, residents, or tenants,

under an agreement for the enhancement of water quality or quantity

or on land which has been acquired by an appropriate State or local

agency for the purpose of implementing such agreement; except the

Secretary may reduce the matching cost share where he determines

that (1) the main benefits to be derived from the project are

related to improving offsite water quality, offsite esthetic

values, or other offsite benefits, and (2) the matching share

requirement would place a burden on the landowner which would

probably prevent him from participating in the program: Provided,

however, That the Secretary of Agriculture may allow for land use

and conservation treatment on such lands occupied by any such owner

in excess of such one hundred and twenty acre limitation up to

three hundred and twenty acres, but in such event the amount of the

grant to such landowner to carry out such reclamation on such lands

shall be reduced proportionately. Notwithstanding any other

provision of this section with regard to acreage limitations, the

Secretary of Agriculture may carry out reclamation treatment

projects to control erosion and improve water quality on all lands

within a hydrologic unit, consisting of not more than 25,000 acres,

if the Secretary determines that treatment of such lands as a

hydrologic unit will achieve greater reduction in the adverse

effects of past surface mining practices than would be achieved if

reclamation was done on individual parcels of land.

(e) Termination of agreements

The Secretary of Agriculture may terminate any agreement with a

landowner including water rights owners, operator, or occupier by

mutual agreement if the Secretary of Agriculture determines that

such termination would be in the public interest, and may agree to

such modification of agreements previously entered into hereunder

as he deems desirable to carry out the purposes of this section or

to facilitate the practical administration of the program

authorized herein.

(f) Preservation and surrender of history and allotments

Notwithstanding any other provision of law, the Secretary of

Agriculture, to the extent he deems it desirable to carry out the

purposes of this section, may provide in any agreement hereinunder

for (1) preservation for a period not to exceed the period covered

by the agreement and an equal period thereafter of the cropland,

crop acreage, and allotment history applicable to land covered by

the agreement for the purpose of any Federal program under which

such history is used as a basis for an allotment or other

limitation on the production of such crop; or (2) surrender of any

such history and allotments.

(g) Rules and regulations

The Secretary of Agriculture shall be authorized to issue such

rules and regulations as he determines are necessary to carry out

the provisions of this section.

(h) Utilization of Soil Conservation Service

In carrying out the provisions of this section, the Secretary of

Agriculture shall utilize the services of the Soil Conservation

Service.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 406, Aug. 3, 1977, 91 Stat. 460;

Pub. L. 97-98, title XV, Sec. 1551, Dec. 22, 1981, 95 Stat. 1344;

Pub. L. 101-508, title VI, Secs. 6008, 6012(c), (d)(3), Nov. 5,

1990, 104 Stat. 1388-295, 1388-298.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(3), which

directed the substitution of "(including owners" for "including

owners" was executed the first time that phrase appeared to reflect

the probable intent of Congress, because the parenthetical

statement concluding with "water rights)" was enacted without an

opening parenthesis.

Subsec. (d). Pub. L. 101-508, Sec. 6008, struck out

"experimental" before "reclamation treatment projects" in last

sentence.

Subsec. (i). Pub. L. 101-508, Sec. 6012(c), repealed subsec. (i)

which read as follows: "Funds shall be made available to the

Secretary of Agriculture for the purposes of this section, as

provided in section 1231 of this title."

1981 - Subsec. (d). Pub. L. 97-98 inserted provisions that

notwithstanding any other provision of this section with regard to

acreage limitations, the Secretary may carry out experimental

reclamation treatment projects to control erosion and improve water

quality on all lands within a hydrologic unit, consisting of not

more than 25,000 acres, if the Secretary determines that treatment

of such lands as a hydrologic unit will achieve greater reduction

in the adverse effects of past surface mining practices than would

be achieved if reclamation was done on individual parcels of land.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1231, 1232 of this title;

title 26 section 126.

-End-

-CITE-

30 USC Sec. 1237 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1237. Acquisition and reclamation of land adversely affected

by past coal mining practices

-STATUTE-

(a) Findings of fact; notice; right of entry

If the Secretary or the State pursuant to an approved State

program, makes a finding of fact that -

(1) land or water resources have been adversely affected by

past coal mining practices; and

(2) the adverse effects are at a stage where, in the public

interest, action to restore, reclaim, abate, control, or prevent

should be taken; and

(3) the owners of the land or water resources where entry must

be made to restore, reclaim, abate, control, or prevent the

adverse effects of past coal mining practices are not known, or

readily available; or

(4) the owners will not give permission for the United States,

the States, political subdivisions, their agents, employees, or

contractors to enter upon such property to restore, reclaim,

abate, control, or prevent the adverse effects of past coal

mining practices;

then, upon giving notice by mail to the owners if known or if not

known by posting notice upon the premises and advertising once in a

newspaper of general circulation in the municipality in which the

land lies, the Secretary, his agents, employees, or contractors, or

the State pursuant to an approved State program, shall have the

right to enter upon the property adversely affected by past coal

mining practices and any other property to have access to such

property to do all things necessary or expedient to restore,

reclaim, abate, control, or prevent the adverse effects. Such entry

shall be construed as an exercise of the police power for the

protection of public health, safety, and general welfare and shall

not be construed as an act of condemnation of property nor of

trespass thereon. The moneys expended for such work and the

benefits accruing to any such premises so entered upon shall be

chargeable against such land and shall mitigate or offset any claim

in or any action brought by any owner of any interest in such

premises for any alleged damages by virtue of such entry: Provided,

however, That this provision is not intended to create new rights

of action or eliminate existing immunities.

(b) Studies or exploratory work

The Secretary, his agents, employees, or contractors or the State

pursuant to an approved State program, shall have the right to

enter upon any property for the purpose of conducting studies or

exploratory work to determine the existence of adverse effects of

past coal mining practices and to determine the feasibility of

restoration, reclamation, abatement, control, or prevention of such

adverse effects. Such entry shall be construed as an exercise of

the police power for the protection of public health, safety, and

general welfare and shall not be construed as an act of

condemnation of property nor trespass thereon.

(c) Requirements for acquisition of affected land

The Secretary or the State pursuant to an approved State program,

may acquire any land, by purchase, donation, or condemnation, which

is adversely affected by past coal mining practices if the

Secretary determines that acquisition of such land is necessary to

successful reclamation and that -

(1) the acquired land, after restoration, reclamation,

abatement, control, or prevention of the adverse effects of past

coal mining practices, will serve recreation and historic

purposes, conservation and reclamation purposes or provide open

space benefits; and

(2) permanent facilities such as a treatment plant or a

relocated stream channel will be constructed on the land for the

restoration, reclamation, abatement, control, or prevention of

the adverse effects of past coal mining practices; or

(3) acquisition of coal refuse disposal sites and all coal

refuse thereon will serve the purposes of this subchapter or that

public ownership is desirable to meet emergency situations and

prevent recurrences of the adverse effects of past coal mining

practices.

(d) Title to affected land; value

Title to all lands acquired pursuant to this section shall be in

the name of the United States or, if acquired by a State pursuant

to an approved program, title shall be in the name of the State.

The price paid for land acquired under this section shall reflect

the market value of the land as adversely affected by past coal

mining practices.

(e) State participation; grants

States are encouraged as part of their approved State programs,

to reclaim abandoned and unreclaimed mined lands within their

boundaries and, if necessary, to acquire or to transfer such lands

to the Secretary or the appropriate State regulatory authority

under appropriate Federal regulations. The Secretary is authorized

to make grants on a matching basis to States in such amounts as he

deems appropriate for the purpose of carrying out the provisions of

this subchapter but in no event shall any grant exceed 90 per

centum of the cost of acquisition of the lands for which the grant

is made. When a State has made any such land available to the

Federal Government under this subchapter, such State shall have a

preference right to purchase such lands after reclamation at fair

market value less the State portion of the original acquisition

price. Notwithstanding the provisions of paragraph (1) of

subsection (c) of this section, reclaimed land may be sold to the

State or local government in which it is located at a price less

than fair market value, which in no case shall be less than the

cost to the United States of the purchase and reclamation of the

land, as negotiated by the Secretary, to be used for a valid public

purpose. If any land sold to a State or local government under this

paragraph is not used for a valid public purpose as specified by

the Secretary in the terms of the sales agreement then all right,

title, and interest in such land shall revert to the United States.

Money received from such sale shall be deposited in the fund.

(f) Rules and regulations

The Secretary, in formulating regulations for making grants to

the States to acquire land pursuant to this section, shall specify

that acquired land meet the criteria provided for in subsections

(c) and (d) of this section. The Secretary may provide by

regulation that money derived from the lease, rental, or user

charges of such acquired land and facilities thereon will be

deposited in the fund.

(g) Public sale; notice and hearing

(1) Where land acquired pursuant to this section is deemed to be

suitable for industrial, commercial, residential, or recreational

development, the Secretary may sell or authorize the States to sell

such land by public sale under a system of competitive bidding, at

not less than fair market value and under such other regulations

promulgated to insure that such lands are put to proper use

consistent with local and State land use plans, if any, as

determined by the Secretary.

(2) The Secretary or the State pursuant to an approved State

program, when requested after appropriate public notice shall hold

a public hearing, with the appropriate notice, in the county or

counties or the appropriate subdivisions of the State in which

lands acquired pursuant to this section are located. The hearings

shall be held at a time which shall afford local citizens and

governments the maximum opportunity to participate in the decision

concerning the use or disposition of the lands after restoration,

reclamation, abatement, control, or prevention of the adverse

effects of past coal mining practices.

(h) Construction or rehabilitation of housing for disabled,

displaced, or dislocated persons; grants

In addition to the authority to acquire land under subsection (d)

of this section the Secretary is authorized to use money in the

fund to acquire land by purchase, donation, or condemnation, and to

reclaim and transfer acquired land to any State or to a political

subdivision thereof, or to any person, firm, association, or

corporation, if he determines that such is an integral and

necessary element of an economically feasible plan for the project

to construct or rehabilitate housing for persons disabled as the

result of employment in the mines or work incidental thereto,

persons displaced by acquisition of land pursuant to this section,

or persons dislocated as the result of adverse effects of coal

mining practices which constitute an emergency as provided in

section 1240 of this title or persons dislocated as the result of

natural disasters or catastrophic failures from any cause. Such

activities shall be accomplished under such terms and conditions as

the Secretary shall require, which may include transfers of land

with or without monetary consideration: Provided, That, to the

extent that the consideration is below the fair market value of the

land transferred, no portion of the difference between the fair

market value and the consideration shall accrue as a profit to such

persons, firm, association, or corporation. No part of the funds

provided under this subchapter may be used to pay the actual

construction costs of housing. The Secretary may carry out the

purposes of this subsection directly or he may make grants and

commitments for grants, and may advance money under such terms and

conditions as he may require to any State, or any department,

agency, or instrumentality of a State, or any public body or

nonprofit organization designated by a State.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 407, Aug. 3, 1977, 91 Stat. 462;

Pub. L. 101-508, title VI, Sec. 6012(d)(4)-(7), Nov. 5, 1990, 104

Stat. 1388-298.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(4), (5),

substituted a semicolon for the period at end of par. (4) and

"then, upon giving notice" for "Then, upon giving notice" in

concluding provisions.

Subsec. (e). Pub. L. 101-508, Sec. 6012(d)(6), substituted

"paragraph (1) of subsection (c) of this section" for "paragraph

(1), of this subsection".

Subsec. (g)(2). Pub. L. 101-508, Sec. 6012(d)(7), substituted

"use or" for "use of" before "disposition".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1240a of this title.

-End-

-CITE-

30 USC Sec. 1238 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1238. Liens

-STATUTE-

(a) Filing of statement and appraisal

Within six months after the completion of projects to restore,

reclaim, abate, control, or prevent adverse effects of past coal

mining practices on privately owned land, the Secretary or the

State, pursuant to an approved State program, shall itemize the

moneys so expended and may file a statement thereof in the office

of the county in which the land lies which has the responsibility

under local law for the recording of judgments against land,

together with a notarized appraisal by an independent appraiser of

the value of the land before the restoration, reclamation,

abatement, control, or prevention of adverse effects of past coal

mining practices if the moneys so expended shall result in a

significant increase in property value. Such statement shall

constitute a lien upon the said land. The lien shall not exceed the

amount determined by the appraisal to be the increase in the market

value of the land as a result of the restoration, reclamation,

abatement, control, or prevention of the adverse effects of past

coal mining practices. No lien shall be filed against the property

of any person, in accordance with this subsection, who owned the

surface prior to May 2, 1977, and who neither consented to nor

participated in nor exercised control over the mining operation

which necessitated the reclamation performed hereunder.

(b) Petition

The landowner may proceed as provided by local law to petition

within sixty days of the filing of the lien, to determine the

increase in the market value of the land as a result of the

restoration, reclamation, abatement, control, or prevention of the

adverse effects of past coal mining practices. The amount reported

to be the increase in value of the premises shall constitute the

amount of the lien and shall be recorded with the statement herein

provided. Any party aggrieved by the decision may appeal as

provided by local law.

(c) Recordation

The lien provided in this section shall be entered in the county

office in which the land lies and which has responsibility under

local law for the recording of judgments against land. Such

statement shall constitute a lien upon the said land as of the date

of the expenditure of the moneys and shall have priority as a lien

second only to the lien of real estate taxes imposed upon said

land.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 408, Aug. 3, 1977, 91 Stat. 465.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1240a of this title.

-End-

-CITE-

30 USC Sec. 1239 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1239. Filling voids and sealing tunnels

-STATUTE-

(a) Congressional declaration of hazardous conditions

The Congress declares that voids, and open and abandoned tunnels,

shafts, and entryways resulting from any previous mining operation,

constitute a hazard to the public health or safety and that surface

impacts of any underground or surface mining operation may degrade

the environment. The Secretary, at the request of the Governor of

any State, or the the (!1) governing body of an Indian tribe, is

authorized to fill such voids, seal such abandoned tunnels, shafts,

and entryways, and reclaim surface impacts of underground or

surface mines which the Secretary determines could endanger life

and property, constitute a hazard to the public health and safety,

or degrade the environment. State regulatory authorities are

authorized to carry out such work pursuant to an approved abandoned

mine reclamation program.

(b) Limitation on funds

Funds available for use in carrying out the purpose of this

section shall be limited to those funds which must be allocated to

the respective States or Indian tribes under the provisions of

paragraphs (1) and (5) of section 1232(g) of this title.

(c) Limitation on expenditures

(1) The Secretary may make expenditures and carry out the

purposes of this section in such States where requests are made by

the Governor or governing body of an Indian tribe for those

reclamation projects which meet the priorities stated in section

1233(a)(1) of this title, except that for the purposes of this

section the reference to coal in section 1233(a)(1) of this title

shall not apply.

(2) The provisions of section 1234 of this title shall apply to

this section, with the exception that such mined lands need not

have been mined for coal.

(3) The Secretary shall not make any expenditures for the

purposes of this section in those States which have made the

certification referred to in section 1240a(a) of this title.

(d) Disposal of mine wastes

In those instances where mine waste piles are being reworked for

conservation purposes, the incremental costs of disposing of the

wastes from such operations by filling voids and sealing tunnels

may be eligible for funding providing that the disposal of these

wastes meets the purposes of this section.

(e) Land acquisition

The Secretary may acquire by purchase, donation, easement, or

otherwise such interest in land as he determines necessary to carry

out the provisions of this section.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 409, Aug. 3, 1977, 91 Stat. 465;

Pub. L. 101-508, title VI, Sec. 6009, Nov. 5, 1990, 104 Stat.

1388-296.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-508, Sec. 6009(1), substituted

"the governing body of an Indian tribe" for "chairman of any

tribe".

Subsec. (b). Pub. L. 101-508, Sec. 6009(2), substituted "Indian

tribes under the provisions of paragraphs (1) and (5) of section

1232(g) of this title" for "Indian reservations under the

provisions of subsection 1232(g) of this title".

Subsec. (c). Pub. L. 101-508, Sec. 6009(3), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

Secretary may make expenditures and carry out the purposes of this

section without regard to provisions of section 1234 of this title

in such States or Indian reservations where requests are made by

the Governor or tribal chairman and only after all reclamation with

respect to abandoned coal lands or coal development impacts have

been met, except for those reclamation projects relating to the

protection of the public health or safety."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1231, 1234 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

30 USC Sec. 1240 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1240. Emergency powers

-STATUTE-

(a) The Secretary is authorized to expend moneys from the fund

for the emergency restoration, reclamation, abatement, control, or

prevention of adverse effects of coal mining practices, on eligible

lands, if the Secretary makes a finding of fact that -

(1) an emergency exists constituting a danger to the public

health, safety, or general welfare; and

(2) no other person or agency will act expeditiously to

restore, reclaim, abate, control, or prevent the adverse effects

of coal mining practices.

(b) The Secretary, his agents, employees, and contractors shall

have the right to enter upon any land where the emergency exists

and any other land to have access to the land where the emergency

exists to restore, reclaim, abate, control, or prevent the adverse

effects of coal mining practices and to do all things necessary or

expedient to protect the public health, safety, or general welfare.

Such entry shall be construed as an exercise of the police power

and shall not be construed as an act of condemnation of property

nor of trespass thereof. The moneys expended for such work and the

benefits accruing to any such premises so entered upon shall be

chargeable against such land and shall mitigate or offset any claim

in or any action brought by any owner of any interest in such

premises for any alleged damages by virtue of such entry: Provided,

however, That this provision is not intended to create new rights

of action or eliminate existing immunities.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 410, Aug. 3, 1977, 91 Stat. 466.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232, 1234, 1235, 1237 of

this title.

-End-

-CITE-

30 USC Sec. 1240a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1240a. Certification

-STATUTE-

(a) Certification of completion of coal reclamation

The Governor of a State, or the head of a governing body of an

Indian tribe, with an approved abandoned mine reclamation program

under section 1235 of this title may certify to the Secretary that

all of the priorities stated in section 1233(a) of this title for

eligible lands and waters pursuant to section 1234 of this title

have been achieved. The Secretary, after notice in the Federal

Register and opportunity for public comment, shall concur with such

certification if the Secretary determines that such certification

is correct.

(b) Eligible lands, waters, and facilities

If the Secretary has concurred in a State or tribal certification

under subsection (a) of this section, for purposes of determining

the eligibility of lands and waters for annual grants under section

1232(g)(1) of this title, section 1234 of this title shall not

apply, and eligible lands, waters, and facilities shall be those -

(1) which were mined or processed for minerals or which were

affected by such mining or processing, and abandoned or left in

an inadequate reclamation status prior to August 3, 1977; and

(2) for which there is no continuing reclamation responsibility

under State or other Federal laws. In determining the eligibility

under this subsection of Federal lands, waters, and facilities

under the jurisdiction of the Forest Service or Bureau of Land

Management, in lieu of the August 3, 1977, date referred to in

paragraph (1) the applicable date shall be August 28, 1974, and

November 26, 1980, respectively.

(c) Priorities

Expenditures of moneys for lands, waters, and facilities referred

to in subsection (b) of this section shall reflect the following

objectives and priorities in the order stated (in lieu of the

priorities set forth in section 1233 of this title):

(1) The protection of public health, safety, general welfare,

and property from extreme danger of adverse effects of mineral

mining and processing practices.

(2) The protection of public health, safety, and general

welfare from adverse effects of mineral mining and processing

practices.

(3) The restoration of land and water resources and the

environment previously degraded by the adverse effects of mineral

mining and processing practices.

(d) Specific sites and areas not eligible

Sites and areas designated for remedial action pursuant to the

Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901

and following) or which have been listed for remedial action

pursuant to the Comprehensive Environmental Response Compensation

and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not

be eligible for expenditures from the Fund under this section.

(e) Utilities and other facilities

Reclamation projects involving the protection, repair,

replacement, construction, or enhancement of utilities, such as

those relating to water supply, roads, and such other facilities

serving the public adversely affected by mineral mining and

processing practices, and the construction of public facilities in

communities impacted by coal or other mineral mining and processing

practices, shall be deemed part of the objectives set forth, and

undertaken as they relate to, the priorities stated in subsection

(c) of this section.

(f) Public facilities related to coal or minerals industry

Notwithstanding subsection (e) of this section, where the

Secretary has concurred in the certification referenced in

subsection (a) of this section and where the Governor of a State or

the head of a governing body of an Indian tribe determines there is

a need for activities or construction of specific public facilities

related to the coal or minerals industry in States impacted by coal

or minerals development and the Secretary concurs in such need,

then the State or Indian tribe, as the case may be, may use annual

grants made available under section 1232(g)(1) of this title to

carry out such activities or construction.

(g) Application of other provisions

The provisions of sections 1237 and 1238 of this title shall

apply to subsections (a) through (e) of this section, except that

for purposes of this section the references to coal in sections

1237 and 1238 of this title shall not apply.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 411, as added Pub. L. 101-508, title

VI, Sec. 6010(2), Nov. 5, 1990, 104 Stat. 1388-296.)

-REFTEXT-

REFERENCES IN TEXT

The Uranium Mill Tailings Radiation Control Act of 1978, referred

to in subsec. (d), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021,

as amended, which is classified principally to chapter 88 (Sec.

7901 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 7901 of Title 42 and Tables.

The Comprehensive Environmental Response Compensation and

Liability Act of 1980, referred to in subsec. (d), probably means

the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat.

2767, as amended, which is classified principally to chapter 103

(Sec. 9601 et seq.) of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under section

9601 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 411 of Pub. L. 95-87 was renumbered section 412

and was classified to section 1241 of this title, prior to being

omitted from the Code.

EFFECTIVE DATE

Section effective Oct. 1, 1991, see section 6014 of Pub. L.

101-508 set out as an Effective Date of 1990 Amendment note under

section 1231 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1231, 1232, 1233, 1234,

1239 of this title.

-End-

-CITE-

30 USC Sec. 1241 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1241. Omitted

-COD-

CODIFICATION

Section, Pub. L. 95-87, title IV, Sec. 412, formerly Sec. 411,

Aug. 3, 1977, 91 Stat. 466, renumbered Sec. 412, Pub. L. 101-508,

title VI, Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296, which

required the Secretary of the Interior or the State pursuant to an

approved State program to report to Congress annually on operations

under the fund together with recommendations for future use of the

fund, terminated, effective May 15, 2000, pursuant to section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance. See, also, page 109 of House

Document No. 103-7.

-End-

-CITE-

30 USC Sec. 1242 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1242. Powers of Secretary or State

-STATUTE-

(a) Engage in work, promulgate rules and regulations, etc., to

implement and administer this subchapter

The Secretary or the State pursuant to an approved State program,

shall have the power and authority, if not granted it otherwise, to

engage in any work and to do all things necessary or expedient,

including promulgation of rules and regulations, to implement and

administer the provisions of this subchapter.

(b) Engage in cooperative projects

The Secretary or the State pursuant to an approved State program,

shall have the power and authority to engage in cooperative

projects under this subchapter with any other agency of the United

States of America, any State and their governmental agencies.

(c) Request for action to restrain interference with regard to this

subchapter

The Secretary or the State pursuant to an approved State program,

may request the Attorney General, who is hereby authorized to

initiate, in addition to any other remedies provided for in this

subchapter, in any court of competent jurisdiction, an action in

equity for an injunction to restrain any interference with the

exercise of the right to enter or to conduct any work provided in

this subchapter.

(d) Construct and operate plants for control and treatment of water

pollution resulting from mine drainage

The Secretary or the State pursuant to an approved State program,

shall have the power and authority to construct and operate a plant

or plants for the control and treatment of water pollution

resulting from mine drainage. The extent of this control and

treatment may be dependent upon the ultimate use of the water:

Provided, That the above provisions of this paragraph shall not be

deemed in any way to repeal or supersede any portion of the Federal

Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended)

[33 U.S.C. 1251 et seq.] and no control or treatment under this

subsection shall in any way be less than that required under the

Federal Water Pollution Control Act. The construction of a plant or

plants may include major interceptors and other facilities

appurtenant to the plant.

(e) Transfer funds

The Secretary may transfer funds to other appropriate Federal

agencies, in order to carry out the reclamation activities

authorized by this subchapter.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 413, formerly Sec. 412, Aug. 3,

1977, 91 Stat. 466, renumbered Sec. 413, Pub. L. 101-508, title VI,

Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act (33 U.S.C.A. 1151, et

seq. as amended), referred to in subsec. (d), is act June 30, 1948,

ch. 758, 62 Stat. 1155, formerly classified to chapter 23 (Sec.

1151 et seq.) of Title 33, Navigation and Navigable Waters, which

was completely revised by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86

Stat. 816, and is classified generally to chapter 26 (Sec. 1251 et

seq.) of Title 33. For complete classification of this Act to the

Code, see Short Title note set out under section 1251 of Title 33

and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 413 of Pub. L. 95-87 was renumbered section 414

and is classified to section 1243 of this title.

-End-

-CITE-

30 USC Sec. 1243 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-

Sec. 1243. Interagency cooperation

-STATUTE-

All departments, boards, commissioners, and agencies of the

United States of America shall cooperate with the Secretary by

providing technical expertise, personnel, equipment, materials, and

supplies to implement and administer the provisions of this

subchapter.

-SOURCE-

(Pub. L. 95-87, title IV, Sec. 414, formerly Sec. 413, Aug. 3,

1977, 91 Stat. 467, renumbered Sec. 414, Pub. L. 101-508, title VI,

Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296.)

-End-

-CITE-

30 USC SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL

IMPACTS OF SURFACE COAL MINING 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1211, 1309b of this

title; title 26 section 468.

-End-

-CITE-

30 USC Sec. 1251 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1251. Environmental protection standards

-STATUTE-

(a) Not later than the end of the ninety-day period immediately

following August 3, 1977, the Secretary shall promulgate and

publish in the Federal Register regulations covering an interim

regulatory procedure for surface coal mining and reclamation

operations setting mining and reclamation performance standards

based on and incorporating the provisions set out in section

1252(c) of this title. The issuance of the interim regulations

shall be deemed not to be a major Federal action within the meaning

of section 4332(2)(c) of title 42. Such regulations, which shall be

concise and written in plain, understandable language shall not be

promulgated and published by the Secretary until he has -

(A) published proposed regulations in the Federal Register and

afforded interested persons and State and local governments a

period of not less than thirty days after such publication to

submit written comments thereon;

(B) obtained the written concurrence of the Administrator of

the Environmental Protection Agency with respect to those

regulations promulgated under this section which relate to air or

water quality standards promulgated under the authority of the

Federal Water Pollution Control Act, as amended [33 U.S.C. 1251

et seq.]; and the Clean Air Act, as amended [42 U.S.C. 7401 et

seq.]; and

(C) held at least one public hearing on the proposed

regulations.

The date, time, and place of any hearing held on the proposed

regulations shall be set out in the publication of the proposed

regulations. The Secretary shall consider all comments and relevant

data presented at such hearing before final promulgation and

publication of the regulations.

(b) Not later than one year after August 3, 1977, the Secretary

shall promulgate and publish in the Federal Register regulations

covering a permanent regulatory procedure for surface coal mining

and reclamation operations performance standards based on and

conforming to the provisions of this subchapter and establishing

procedures and requirements for preparation, submission, and

approval of State programs; and development and implementation of

Federal programs under the subchapter. The Secretary shall

promulgate these regulations, which shall be concise and written in

plain, understandable language in accordance with the procedures in

subsection (a) of this section.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 501, Aug. 3, 1977, 91 Stat. 467.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(a)(B), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended

generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,

which is classified generally to chapter 26 (Sec. 1251 et seq.) of

Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1251 of Title 33 and Tables.

The Clean Air Act, referred to in subsec. (a)(B), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1211, 1254, 1265, 1266,

1276, 1292, 1298 of this title.

-End-

-CITE-

30 USC Sec. 1251a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1251a. Abandoned coal refuse sites

-STATUTE-

(1) Notwithstanding any other provision of the Surface Mining

Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] to the

contrary, the Secretary of the Interior shall, within one year

after October 24, 1992, publish proposed regulations in the Federal

Register, and after opportunity for public comment publish final

regulations, establishing environmental protection performance and

reclamation standards, and separate permit systems applicable to

operations for the on-site reprocessing of abandoned coal refuse

and operations for the removal of abandoned coal refuse on lands

that would otherwise be eligible for expenditure under section 404

and section 402(g)(4) of the Surface Mining Control and Reclamation

Act of 1977 [30 U.S.C. 1234, 1232(g)(4)].

(2) The standards and permit systems referred to in paragraph (1)

shall distinguish between those operations which reprocess

abandoned coal refuse on-site, and those operations which

completely remove abandoned coal refuse from a site for the direct

use of such coal refuse, or for the reprocessing of such coal

refuse, at another location. Such standards and permit systems

shall be premised on the distinct differences between operations

for the on-site reprocessing, and operations for the removal, of

abandoned coal refuse and other types of surface coal mining

operations.

(3) The Secretary of the Interior may devise a different standard

than any of those set forth in section 515 and section 516 of the

Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1265,

1266], and devise a separate permit system, if he determines, on a

standard-by-standard basis, that a different standard may

facilitate the on-site reprocessing, or the removal, of abandoned

coal refuse in a manner that would provide the same level of

environmental protection as under section 515 and section 516.

(4) Not later than 30 days prior to the publication of the

proposed regulations referred to in this section, the Secretary

shall submit a report to the Committee on Interior and Insular

Affairs of the United States House of Representatives, and the

Committee on Energy and Natural Resources of the United States

Senate containing a detailed description of any environmental

protection performance and reclamation standards, and separate

permit systems, devised pursuant to this section.

-SOURCE-

(Pub. L. 102-486, title XXV, Sec. 2503(e), Oct. 24, 1992, 106 Stat.

3103.)

-REFTEXT-

REFERENCES IN TEXT

The Surface Mining Control and Reclamation Act of 1977, referred

to in par. (1), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as

amended, which is classified generally to this chapter (Sec. 1201

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1201 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the Surface Mining Control and Reclamation Act of

1977 which comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of House of

Representatives changed to Committee on Natural Resources of House

of Representatives on Jan. 5, 1993, by House Resolution No. 5, One

Hundred Third Congress. Committee on Natural Resources of House of

Representatives treated as referring to Committee on Resources of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

30 USC Sec. 1252 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1252. Initial regulatory procedures

-STATUTE-

(a) State regulation

No person shall open or develop any new or previously mined or

abandoned site for surface coal mining operations on lands on which

such operations are regulated by a State unless such person has

obtained a permit from the State's regulatory authority.

(b) Interim standards

All surface coal mining operations on lands on which such

operations are regulated by a State which commence operations

pursuant to a permit issued on or after six months from August 3,

1977, shall comply, and such permits shall contain terms requiring

compliance with, the provisions set out in subsection (c) of this

section. Prior to final disapproval of a State program or prior to

promulgation of a Federal program or a Federal lands program

pursuant to this chapter, a State may issue such permits.

(c) Full compliance with environmental protection performance

standards

On and after nine months from August 3, 1977, all surface coal

mining operations on lands on which such operations are regulated

by a State shall comply with the provisions of subsections (b)(2),

(b)(3), (b)(5), (b)(10), (b)(13), (b)(15), (b)(19), and (d) of

section 1265 of this title or, where a surface coal mining

operation will remove an entire coal seam or seams running through

the upper fraction of a mountain, ridge, or hill by removing all of

the overburden and creating a level plateau or a gently rolling

contour with no highwalls remaining, such operation shall comply

with the requirements of section 1265(c)(4) and (5) of this title

without regard to the requirements of section 1265(b)(3) or (d)(2)

and (3) of this title, with respect to lands from which overburden

and the coal seam being mined have not been removed: Provided,

however, That surface coal mining operations in operation pursuant

to a permit issued by a State before August 3, 1977, issued to a

person as defined in section 1291(19) of this title in existence

prior to May 2, 1977 and operated by a person whose total annual

production of coal from surface and underground coal mining

operations does not exceed one hundred thousand tons shall not be

subject to the provisions of this subsection except with reference

to the provision of section 1265(d)(1) of this title until January

1, 1979.

(d) Permit application

Not later than two months following the approval of a State

program pursuant to section 1253 of this title or the

implementation of a Federal program pursuant to section 1254 of

this title, regardless of litigation contesting that approval or

implementation, all operators of surface coal mines in expectation

of operating such mines after the expiration of eight months from

the approval of a State program or the implementation of a Federal

program, shall file an application for a permit with the regulatory

authority. Such application shall cover those lands to be mined

after the expiration of eight months from the approval of a State

program or the implementation of a Federal program. The regulatory

authority shall process such applications and grant or deny a

permit within eight months after the date of approval of the State

program or the implementation of the Federal program, unless

specially enjoined by a court of competent jurisdiction, but in no

case later than forty-two months from August 3, 1977.

(e) Federal enforcement program

Within six months after August 3, 1977, the Secretary shall

implement a Federal enforcement program which shall remain in

effect in each State as surface coal mining operations are required

to comply with the provisions of this chapter, until the State

program has been approved pursuant to this chapter or until a

Federal program has been implemented pursuant to this chapter. The

enforcement program shall -

(1) include inspections of surface coal mine sites which may be

made (but at least one inspection for every site every six

months), without advance notice to the mine operator and for the

purpose of ascertaining compliance with the standards of

subsections (b) and (c) above. The Secretary shall order any

necessary enforcement action to be implemented pursuant to the

Federal enforcement provision of this subchapter to correct

violations identified at the inspections;

(2) provide that upon receipt of inspection reports indicating

that any surface coal mining operation has been found in

violation of subsections (b) and (c) above, during not less than

two consecutive State inspections or upon receipt by the

Secretary of information which would give rise to reasonable

belief that such standards are being violated by any surface coal

mining operation, the Secretary shall order the immediate

inspection of such operation by Federal inspectors and the

necessary enforcement actions, if any, to be implemented pursuant

to the Federal enforcement provisions of this subchapter. When

the Federal inspection results from information provided to the

Secretary by any person, the Secretary shall notify such person

when the Federal inspection is proposed to be carried out and

such person shall be allowed to accompany the inspector during

the inspection;

(3) provide that the State regulatory agency file with the

Secretary and with a designated Federal office centrally located

in the county or area in which the inspected surface coal mine is

located copies of inspection reports made;

(4) provide that moneys authorized by section 1302 of this

title shall be available to the Secretary prior to the approval

of a State program pursuant to this chapter to reimburse the

State for conducting those inspections in which the standards of

this chapter are enforced and for the administration of this

section.(!1)

(5) for purposes of this section, the term "Federal inspector"

means personnel of the Office of Surface Mining Reclamation and

Enforcement and such additional personnel of the United States

Geological Survey, Bureau of Land Management, or of the Mining

Enforcement and Safety Administration so designated by the

Secretary, or such other personnel of the Forest Service, Soil

Conservation Service, or the Agricultural Stabilization and

Conservation Service as arranged by appropriate agreement with

the Secretary on a reimbursable or other basis; (!2)

(f) Interim period

Following the final disapproval of a State program, and prior to

promulgation of a Federal program or a Federal lands program

pursuant to this chapter, including judicial review of such a

program, existing surface coal mining operations may continue

surface mining operations pursuant to the provisions of this

section. During such period no new permits shall be issued by the

State whose program has been disapproved. Permits which lapse

during such period may continue in full force and effect until

promulgation of a Federal program or a Federal lands program.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 502, Aug. 3, 1977, 91 Stat. 468.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1251, 1253, 1256, 1268,

1271, 1273, 1302 of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

(!2) So in original. The semicolon probably should be a period.

-End-

-CITE-

30 USC Sec. 1253 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1253. State programs

-STATUTE-

(a) Regulation of surface coal mining and reclamation operations;

submittal to Secretary; time limit; demonstration of

effectiveness

Each State in which there are or may be conducted surface coal

mining operations on non-Federal lands, and which wishes to assume

exclusive jurisdiction over the regulation of surface coal mining

and reclamation operations, except as provided in sections 1271 and

1273 of this title and subchapter IV of this chapter, shall submit

to the Secretary, by the end of the eighteenth-month (!1) period

beginning on August 3, 1977, a State program which demonstrates

that such State has the capability of carrying out the provisions

of this chapter and meeting its purposes through -

(1) a State law which provides for the regulation of surface

coal mining and reclamation operations in accordance with the

requirements of this chapter;

(2) a State law which provides sanctions for violations of

State laws, regulations, or conditions of permits concerning

surface coal mining and reclamation operations, which sanctions

shall meet the minimum requirements of this chapter, including

civil and criminal actions, forfeiture of bonds, suspensions,

revocations, and withholding of permits, and the issuance of

cease-and-desist orders by the State regulatory authority or its

inspectors;

(3) a State regulatory authority with sufficient administrative

and technical personnel, and sufficient funding to enable the

State to regulate surface coal mining and reclamation operations

in accordance with the requirements of this chapter;

(4) a State law which provides for the effective

implementations,(!1) maintenance, and enforcement of a permit

system, meeting the requirements of this subchapter for the

regulations (!1) of surface coal mining and reclamation

operations for coal on lands within the State;

(5) establishment of a process for the designation of areas as

unsuitable for surface coal mining in accordance with section

1272 of this title provided that the designation of Federal lands

unsuitable for mining shall be performed exclusively by the

Secretary after consultation with the State; and (!1)

(6) establishment for the purposes of avoiding duplication, of

a process for coordinating the review and issuance of permits for

surface coal mining and reclamation operations with any other

Federal or State permit process applicable to the proposed

operations; and

(7) rules and regulations consistent with regulations issued by

the Secretary pursuant to this chapter.

(b) Approval of program

The Secretary shall not approve any State program submitted under

this section until he has -

(1) solicited and publicly disclosed the views of the

Administrator of the Environmental Protection Agency, the

Secretary of Agriculture, and the heads of other Federal agencies

concerned with or having special expertise pertinent to the

proposed State program;

(2) obtained the written concurrence of the Administrator of

the Environmental Protection Agency with respect to those aspects

of a State program which relate to air or water quality standards

promulgated under the authority of the Federal Water Pollution

Control Act, as amended [33 U.S.C. 1251 et seq.], and the Clean

Air Act, as amended [42 U.S.C. 7401 et seq.];

(3) held at least one public hearing on the State program

within the State; and

(4) found that the State has the legal authority and qualified

personnel necessary for the enforcement of the environmental

protection standards.

The Secretary shall approve or disapprove a State program, in whole

or in part, within six full calendar months after the date such

State program was submitted to him.

(c) Notice of disapproval

If the Secretary disapproves any proposed State program in whole

or in part, he shall notify the State in writing of his decision

and set forth in detail the reasons therefor. The State shall have

sixty days in which to resubmit a revised State program or portion

thereof. The Secretary shall approve or disapprove the resubmitted

State program or portion thereof within sixty days from the date of

resubmission.

(d) Inability of State to take action

For the purposes of this section and section 1254 of this title,

the inability of a State to take any action the purpose of which is

to prepare, submit or enforce a State program, or any portion

thereof, because the action is enjoined by the issuance of an

injunction by any court of competent jurisdiction shall not result

in a loss of eligibility for financial assistance under subchapters

IV and VII of this chapter or in the imposition of a Federal

program. Regulation of the surface coal mining and reclamation

operations covered or to be covered by the State program subject to

the injunction shall be conducted by the State pursuant to section

1252 of this title, until such time as the injunction terminates or

for one year, whichever is shorter, at which time the requirements

of this section and section 1254 of this title shall again be fully

applicable.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 503, Aug. 3, 1977, 91 Stat. 470.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(b)(2), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended

generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,

which is classified generally to chapter 26 (Sec. 1251 et seq.) of

Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1251 of Title 33 and Tables.

The Clean Air Act, referred to in subsec. (b)(2), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1231, 1232, 1235, 1252,

1254, 1256, 1268, 1271, 1272, 1291, 1292, 1300, 1309 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

30 USC Sec. 1254 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1254. Federal programs

-STATUTE-

(a) Promulgation and implementation by Secretary for State

The Secretary shall prepare and, subject to the provisions of

this section, promulgate and implement a Federal program for a

State no later than thirty-four months after August 3, 1977, if

such State -

(1) fails to submit a State program covering surface coal

mining and reclamation operations by the end of the

eighteen-month period beginning on August 3, 1977;

(2) fails to resubmit an acceptable State program within sixty

days of disapproval of a proposed State program: Provided, That

the Secretary shall not implement a Federal program prior to the

expiration of the initial period allowed for submission of a

State program as provided for in clause (1) of this subsection;

or

(3) fails to implement, enforce, or maintain its approved State

program as provided for in this chapter.

If State compliance with clause (1) of this subsection requires an

act of the State legislature, the Secretary may extend the period

of submission of a State program up to an additional six months.

Promulgation and implementation of a Federal program vests the

Secretary with exclusive jurisdiction for the regulation and

control of surface coal mining and reclamation operations taking

place on lands within any State not in compliance with this

chapter. After promulgation and implementation of a Federal program

the Secretary shall be the regulatory authority. If a Federal

program is implemented for a State, section 1272(a), (c), and (d)

of this title shall not apply for a period of one year following

the date of such implementation. In promulgating and implementing a

Federal program for a particular State the Secretary shall take

into consideration the nature of that State's terrain, climate,

biological, chemical, and other relevant physical conditions.

(b) Federal enforcement of State program

In the event that a State has a State program for surface coal

mining, and is not enforcing any part of such program, the

Secretary may provide for the Federal enforcement, under the

provisions of section 1271 of this title, of that part of the State

program not being enforced by such State.

(c) Notice and hearing

Prior to promulgation and implementation of any proposed Federal

program, the Secretary shall give adequate public notice and hold a

public hearing in the affected State.

(d) Review of permits

Permits issued pursuant to a previously approved State program

shall be valid but reviewable under a Federal program. Immediately

following promulgation of a Federal program, the Secretary shall

undertake to review such permits to determine that the requirements

of this chapter are not violated. If the Secretary determines any

permit to have been granted contrary to the requirements of this

chapter, he shall so advise the permittee and provide him an

opportunity for hearing and a reasonable opportunity for submission

of a new application and reasonable time, within a time limit

prescribed in regulations promulgated pursuant to section 1251(b)

of this title, to conform ongoing surface mining and reclamation

operations to the requirements of the Federal program.

(e) Submission of State program after implementation of Federal

program

A State which has failed to obtain the approval of a State

program prior to implementation of a Federal program may submit a

State program at any time after such implementation. Upon the

submission of such a program, the Secretary shall follow the

procedures set forth in section 1253(b) of this title and shall

approve or disapprove the State program within six months after its

submittal. Approval of a State program shall be based on the

determination that the State has the capability of carrying out the

provisions of this chapter and meeting its purposes through the

criteria set forth in section 1253(a)(1) through (6) of this title.

Until a State program is approved as provided under this section,

the Federal program shall remain in effect and all actions taken by

the Secretary pursuant to such Federal program, including the terms

and conditions of any permit issued thereunder shall remain in

effect.

(f) Validity of Federal program permits under superseding State

program

Permits issued pursuant to the Federal program shall be valid

under any superseding State program: Provided, That the Federal

permittee shall have the right to apply for a State permit to

supersede his Federal permit. The State regulatory authority may

review such permits to determine that the requirements of this

chapter and the approved State program are not violated. Should the

State program contain additional requirements not contained in the

Federal program, the permittee will be provided opportunity for

hearing and a reasonable time, within a time limit prescribed in

regulations promulgated pursuant to section 1251 of this title, to

conform ongoing surface mining and reclamation operations to the

additional State requirements.

(g) Preemption of State statutes or regulations

Whenever a Federal program is promulgated for a State pursuant to

this chapter, any statutes or regulations of such State which are

in effect to regulate surface mining and reclamation operations

subject to this chapter shall, insofar as they interfere with the

achievement of the purposes and the requirements of this chapter

and the Federal program, be preempted and superseded by the Federal

program. The Secretary shall set forth any State law or regulation

which is preempted and superseded by the Federal program.

(h) Coordination of issuance and review of Federal program permits

with any other Federal or State permit process

Any Federal program shall include a process for coordinating the

review and issuance of permits for surface mining and reclamation

operations with any other Federal or State permit process

applicable to the proposed operation.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 504, Aug. 3, 1977, 91 Stat. 471.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1252, 1253, 1256, 1271,

1272, 1291, 1292 of this title.

-End-

-CITE-

30 USC Sec. 1255 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1255. State laws

-STATUTE-

(a) No State law or regulation in effect on August 3, 1977, or

which may become effective thereafter, shall be superseded by any

provision of this chapter or any regulation issued pursuant

thereto, except insofar as such State law or regulation is

inconsistent with the provisions of this chapter.

(b) Any provision of any State law or regulation in effect upon

August 3, 1977, or which may become effective thereafter, which

provides for more stringent land use and environmental controls and

regulations of surface coal mining and reclamation operation than

do the provisions of this chapter or any regulation issued pursuant

thereto shall not be construed to be inconsistent with this

chapter. The Secretary shall set forth any State law or regulation

which is construed to be inconsistent with this chapter. Any

provision of any State law or regulation in effect on August 3,

1977, or which may become effective thereafter, which provides for

the control and regulation of surface mining and reclamation

operations for which no provision is contained in this chapter

shall not be construed to be inconsistent with this chapter.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 505, Aug. 3, 1977, 91 Stat. 473.)

-End-

-CITE-

30 USC Sec. 1256 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1256. Permits

-STATUTE-

(a) Persons engaged in surface coal mining within State; time

limit; exception

No later than eight months from the date on which a State program

is approved by the Secretary, pursuant to section 1253 of this

title, or no later than eight months from the date on which the

Secretary has promulgated a Federal program for a State not having

a State program pursuant to section 1254 of this title, no person

shall engage in or carry out on lands within a State any surface

coal mining operations unless such person has first obtained a

permit issued by such State pursuant to an approved State program

or by the Secretary pursuant to a Federal program; except a person

conducting surface coal mining operations under a permit from the

State regulatory authority, issued in accordance with the

provisions of section 1252 of this title, may conduct such

operations beyond such period if an application for a permit has

been filed in accordance with the provisions of this chapter, but

the initial administrative decision has not been rendered.

(b) Term

All permits issued pursuant to the requirements of this chapter

shall be issued for a term not to exceed five years: Provided, That

if the applicant demonstrates that a specified longer term is

reasonably needed to allow the applicant to obtain necessary

financing for equipment and the opening of the operation and if the

application is full and complete for such specified longer term,

the regulatory authority may grant a permit for such longer term. A

successor in interest to a permittee who applies for a new permit

within thirty days of succeeding to such interest and who is able

to obtain the bond coverage of the original permittee may continue

surface coal mining and reclamation operations according to the

approved mining and reclamation plan of the original permittee

until such successor's application is granted or denied.

(c) Termination

A permit shall terminate if the permittee has not commenced the

surface coal mining operations covered by such permit within three

years of the issuance of the permit: Provided, That the regulatory

authority may grant reasonable extensions of time upon a showing

that such extensions are necessary by reason of litigation

precluding such commencement or threatening substantial economic

loss to the permittee, or by reason of conditions beyond the

control and without the fault or negligence of the permittee:

Provided further, That in the case of a coal lease issued under the

Federal Mineral Leasing Act, as amended [30 U.S.C. 181 et seq.],

extensions of time may not extend beyond the period allowed for

diligent development in accordance with section 7 of that Act [30

U.S.C. 207]: Provided further, That with respect to coal to be

mined for use in a synthetic fuel facility or specific major

electric generating facility, the permittee shall be deemed to have

commenced surface mining operations at such time as the

construction of the synthetic fuel or generating facility is

initiated.

(d) Renewal

(1) Any valid permit issued pursuant to this chapter shall carry

with it the right of successive renewal upon expiration with

respect to areas within the boundaries of the existing permit. The

holders of the permit may apply for renewal and such renewal shall

be issued (provided that on application for renewal the burden

shall be on the opponents of renewal), subsequent to fulfillment of

the public notice requirements of sections 1263 and 1264 of this

title unless it is established that and written findings by the

regulatory authority are made that -

(A) the terms and conditions of the existing permit are not

being satisfactorily met;

(B) the present surface coal mining and reclamation operation

is not in compliance with the environmental protection standards

of this chapter and the approved State plan or Federal program

pursuant to this chapter; or

(C) the renewal requested substantially jeopardizes the

operator's continuing responsibility on existing permit areas;

(D) the operator has not provided evidence that the performance

bond in effect for said operation will continue in full force and

effect for any renewal requested in such application as well as

any additional bond the regulatory authority might require

pursuant to section 1259 of this title; or

(E) any additional revised or updated information required by

the regulatory authority has not been provided. Prior to the

approval of any renewal of permit the regulatory authority shall

provide notice to the appropriate public authorities.

(2) If an application for renewal of a valid permit includes a

proposal to extend the mining operation beyond the boundaries

authorized in the existing permit, the portion of the application

for renewal of a valid permit which addresses any new land areas

shall be subject to the full standards applicable to new

applications under this chapter: Provided, however, That if the

surface coal mining operations authorized by a permit issued

pursuant to this chapter were not subject to the standards

contained in section 1260(b)(5)(A) and (B) of this title by reason

of complying with the proviso of section 1260(b)(5) of this title,

then the portion of the application for renewal of the permit which

addresses any new land areas previously identified in the

reclamation plan submitted pursuant to section 1258 of this title

shall not be subject to the standards contained in section

1260(b)(5)(A) and (B) of this title.

(3) Any permit renewal shall be for a term not to exceed the

period of the original permit established by this chapter.

Application for permit renewal shall be made at least one hundred

and twenty days prior to the expiration of the valid permit.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 506, Aug. 3, 1977, 91 Stat. 473.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Mineral Leasing Act, as amended, referred to in

subsec. (c), probably means act Feb. 25, 1920, ch. 85, 41 Stat.

437, as amended, known as the Mineral Leasing Act, which is

classified generally to chapter 3A (Sec. 181 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 181 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1232 of this title.

-End-

-CITE-

30 USC Sec. 1257 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1257. Application requirements

-STATUTE-

(a) Fee

Each application for a surface coal mining and reclamation permit

pursuant to an approved State program or a Federal program under

the provisions of this chapter shall be accompanied by a fee as

determined by the regulatory authority. Such fee may be less than

but shall not exceed the actual or anticipated cost of reviewing,

administering, and enforcing such permit issued pursuant to a State

or Federal program. The regulatory authority may develop procedures

so as to enable the cost of the fee to be paid over the term of the

permit.

(b) Submittal; contents

The permit application shall be submitted in a manner

satisfactory to the regulatory authority and shall contain, among

other things -

(1) the names and addresses of (A) the permit applicant; (B)

every legal owner of record of the property (surface and

mineral), to be mined; (C) the holders of record of any leasehold

interest in the property; (D) any purchaser of record of the

property under a real estate contract; and (E) the operator if he

is a person different from the applicant; and (F) if any of these

are business entities other than a single proprietor, the names

and addresses of the principals, officers, and resident agent;

(2) the names and addresses of the owners of record of all

surface and subsurface areas adjacent to any part of the permit

area;

(3) a statement of any current or previous surface coal mining

permits in the United States held by the applicant and the permit

identification and each pending application;

(4) if the applicant is a partnership, corporation,

association, or other business entity, the following where

applicable: the names and addresses of every officer, partner,

director, or person performing a function similar to a director,

of the applicant, together with the name and address of any

person owning, of record 10 per centum or more of any class of

voting stock of the applicant and a list of all names under which

the applicant, partner, or principal shareholder previously

operated a surface mining operation within the United States

within the five-year period preceding the date of submission of

the application;

(5) a statement of whether the applicant, any subsidiary,

affiliate, or persons controlled by or under common control with

the applicant, has ever held a Federal or State mining permit

which in the five-year period prior to the date of submission of

the application has been suspended or revoked or has had a mining

bond or similar security deposited in lieu of bond forefeited

(!1) and, if so, a brief explanation of the facts involved;

(6) a copy of the applicant's advertisement to be published in

a newspaper of general circulation in the locality of the

proposed site at least once a week for four successive weeks, and

which includes the ownership, a description of the exact location

and boundaries of the proposed site sufficient so that the

proposed operation is readily locatable by local residents, and

the location of where the application is available for public

inspection;

(7) a description of the type and method of coal mining

operation that exists or is proposed, the engineering techniques

proposed or used, and the equipment used or proposed to be used;

(8) the anticipated or actual starting and termination dates of

each phase of the mining operation and number of acres of land to

be affected;

(9) the applicant shall file with the regulatory authority on

an accurate map or plan, to an appropriate scale, clearly showing

the land to be affected as of the date of the application, the

area of land within the permit area upon which the applicant has

the legal right to enter and commence surface mining operations

and shall provide to the regulatory authority a statement of

those documents upon which the applicant bases his legal right to

enter and commence surface mining operations on the area

affected, and whether that right is the subject of pending court

litigation: Provided, That nothing in this chapter shall be

construed as vesting in the regulatory authority the jurisdiction

to adjudicate property title disputes.(!2)

(10) the name of the watershed and location of the surface

stream or tributary into which surface and pit drainage will be

discharged;

(11) a determination of the probable hydrologic consequences of

the mining and reclamation operations, both on and off the mine

site, with respect to the hydrologic regime, quantity and quality

of water in surface and ground water systems including the

dissolved and suspended solids under seasonal flow conditions and

the collection of sufficient data for the mine site and

surrounding areas so that an assessment can be made by the

regulatory authority of the probable cumulative impacts of all

anticipated mining in the area upon the hydrology of the area and

particularly upon water availability: Provided, however, That

this determination shall not be required until such time as

hydrologic information on the general area prior to mining is

made available from an appropriate Federal or State agency:

Provided further, That the permit shall not be approved until

such information is available and is incorporated into the

application;

(12) when requested by the regulatory authority, the

climatological factors that are peculiar to the locality of the

land to be affected, including the average seasonal

precipitation, the average direction and velocity of prevailing

winds, and the seasonal temperature ranges;

(13) accurate maps to an appropriate scale clearly showing (A)

the land to be affected as of the date of application and (B) all

types of information set forth on topographical maps of the

United States Geological Survey of a scale of 1:24,000 or

1:25,000 or larger, including all manmade features and

significant known archeological sites existing on the date of

application. Such a map or plan shall among other things

specified by the regulatory authority show all boundaries of the

land to be affected, the boundary lines and names of present

owners of record of all surface areas abutting the permit area,

and the location of all buildings within one thousand feet of the

permit area;

(14) cross-section maps or plans of the land to be affected

including the actual area to be mined, prepared by or under the

direction of and certified by a qualified registered professional

engineer, or professional geologist with assistance from experts

in related fields such as land surveying and landscape

architecture, showing pertinent elevation and location of test

borings or core samplings and depicting the following

information: the nature and depth of the various strata of

overburden; the location of subsurface water, if encountered, and

its quality; the nature and thickness of any coal or rider seam

above the coal seam to be mined; the nature of the stratum

immediately beneath the coal seam to be mined; all mineral crop

lines and the strike and dip of the coal to be mined, within the

area of land to be affected; existing or previous surface mining

limits; the location and extent of known workings of any

underground mines, including mine openings to the surface; the

location of aquifers; the estimated elevation of the water table;

the location of spoil, waste, or refuse areas and top-soil

preservation areas; the location of all impoundments for waste or

erosion control; any settling or water treatment facility;

constructed or natural drainways and the location of any

discharges to any surface body of water on the area of land to be

affected or adjacent thereto; and profiles at appropriate cross

sections of the anticipated final surface configuration that will

be achieved pursuant to the operator's proposed reclamation plan;

(15) a statement of the result of test borings or core

samplings from the permit area, including logs of the drill

holes; the thickness of the coal seam found, an analysis of the

chemical properties of such coal; the sulfur content of any coal

seam; chemical analysis of potentially acid or toxic forming

sections of the overburden; and chemical analysis of the stratum

lying immediately underneath the coal to be mined except that the

provisions of this paragraph (15) may be waived by the regulatory

authority with respect to the specific application by a written

determination that such requirements are unnecessary;

(16) for those lands in the permit application which a

reconnaissance inspection suggests may be prime farm lands, a

soil survey shall be made or obtained according to standards

established by the Secretary of Agriculture in order to confirm

the exact location of such prime farm lands, if any; and

(17) information pertaining to coal seams, test borings, core

samplings, or soil samples as required by this section shall be

made available to any person with an interest which is or may be

adversely affected: Provided, That information which pertains

only to the analysis of the chemical and physical properties of

the coal (excepting information regarding such mineral or

elemental content which is potentially toxic in the environment)

shall be kept confidential and not made a matter of public

record.

(c) Assistance to small coal operators

(1) If the regulatory authority finds that the probable total

annual production at all locations of a coal surface mining

operator will not exceed 300,000 tons, the cost of the following

activities, which shall be performed by a qualified public or

private laboratory or such other public or private qualified entity

designated by the regulatory authority, shall be assumed by the

regulatory authority upon the written request of the operator in

connection with a permit application:

(A) The determination of probable hydrologic consequences

required by subsection (b)(11) of this section, including the

engineering analyses and designs necessary for the determination.

(B) The development of cross-section maps and plans required by

subsection (b)(14) of this section.

(C) The geologic drilling and statement of results of test

borings and core samplings required by subsection (b)(15) of this

section.

(D) The collection of archaeological information required by

subsection (b)(13) of this section and any other archaeological

and historical information required by the regulatory authority,

and the preparation of plans necessitated thereby.

(E) Pre-blast surveys required by section 1265(b)(15)(E) of

this title.

(F) The collection of site-specific resource information and

production of protection and enhancement plans for fish and

wildlife habitats and other environmental values required by the

regulatory authority under this chapter.

(2) The Secretary shall provide or assume the cost of training

coal operators that meet the qualifications stated in paragraph (1)

concerning the preparation of permit applications and compliance

with the regulatory program, and shall ensure that qualified coal

operators are aware of the assistance available under this

subsection.

(d) Reclamation plan

Each applicant for a permit shall be required to submit to the

regulatory authority as part of the permit application a

reclamation plan which shall meet the requirements of this chapter.

(e) Public inspection

Each applicant for a surface coal mining and reclamation permit

shall file a copy of his application for public inspection with the

recorder at the courthouse of the county or an appropriate public

office approved by the regulatory authority where the mining is

proposed to occur, except for that information pertaining to the

coal seam itself.

(f) Insurance certificate

Each applicant for a permit shall be required to submit to the

regulatory authority as part of the permit application a

certificate issued by an insurance company authorized to do

business in the United States certifying that the applicant has a

public liability insurance policy in force for the surface mining

and reclamation operations for which such permit is sought, or

evidence that the applicant has satisfied other State or Federal

self-insurance requirements. Such policy shall provide for personal

injury and property damage protection in an amount adequate to

compensate any persons damaged as a result of surface coal mining

and reclamation operations including use of explosives and entitled

to compensation under the applicable provisions of State law. Such

policy shall be maintained in full force and effect during the

terms of the permit or any renewal, including the length of all

reclamation operations.

(g) Blasting plan

Each applicant for a surface coal mining and reclamation permit

shall submit to the regulatory authority as part of the permit

application a blasting plan which shall outline the procedures and

standards by which the operator will meet the provisions of section

1265(b)(15) of this title.

(h) Reimbursement of costs

A coal operator that has received assistance pursuant to

subsection (c)(1) or (2) of this section shall reimburse the

regulatory authority for the cost of the services rendered if the

program administrator finds that the operator's actual and

attributed annual production of coal for all locations exceeds

300,000 tons during the 12 months immediately following the date on

which the operator is issued the surface coal mining and

reclamation permit.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 507, Aug. 3, 1977, 91 Stat. 474; Pub.

L. 101-508, title VI, Sec. 6011, Nov. 5, 1990, 104 Stat. 1388-297;

Pub. L. 102-486, title XXV, Sec. 2513, Oct. 24, 1992, 106 Stat.

3112.)

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-486, Sec. 2513(a), amended

subsec. (c) generally. Prior to amendment, subsec. (c) read as

follows: "If the regulatory authority finds that the probable total

annual production at all locations of any coal surface mining

operator will not exceed 300,000 tons, the determination of

probable hydrologic consequences required by subsection (b)(11) of

this section and the statement of the result of test borings or

core samplings required by subsection (b)(15) of this section

shall, upon the written request of the operator be performed by a

qualified public or private laboratory designated by the regulatory

authority and the cost of the preparation of such determination and

statement shall be assumed by the regulatory authority."

Subsec. (h). Pub. L. 102-486, Sec. 2513(b), added subsec. (h).

1990 - Subsec. (c). Pub. L. 101-508 substituted "300,000" for

"100,000".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508, effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

PREPARATION OF CROSS-SECTIONS, MAPS, AND PLANS OF LAND BY OR UNDER

DIRECTION OF QUALIFIED REGISTERED PROFESSIONAL ENGINEERS,

GEOLOGISTS, OR LAND SURVEYORS

Pub. L. 98-146, title I, Sec. 115, Nov. 4, 1983, 97 Stat. 938,

provided that: "Notwithstanding section 507(b)(14) of the Surface

Mining Control and Reclamation Act of 1977 (Public Law 95-87)

[subsec. (b)(14) of this section], cross-sections, maps or plans of

land to be affected by an application for a surface mining and

reclamation permit shall be prepared by or under the direction of a

qualified registered professional engineer or geologist, or

qualified registered professional land surveyor in any State which

authorizes land surveyors to prepare and certify such maps or

plans."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1231, 1232, 1258, 1260,

1265, 1269, 1300, 1302 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "forfeited".

(!2) So in original. The period probably should be a semicolon.

-End-

-CITE-

30 USC Sec. 1258 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1258. Reclamation plan requirements

-STATUTE-

(a) Each reclamation plan submitted as part of a permit

application pursuant to any approved State program or a Federal

program under the provisions of this chapter shall include, in the

degree of detail necessary to demonstrate that reclamation required

by the State or Federal program can be accomplished, a statement

of:

(1) the identification of the lands subject to surface coal

mining operations over the estimated life of those operations and

the size, sequence, and timing of the subareas for which it is

anticipated that individual permits for mining will be sought;

(2) the condition of the land to be covered by the permit prior

to any mining including:

(A) the uses existing at the time of the application, and if

the land has a history of previous mining, the uses which

preceded any mining; and

(B) the capability of the land prior to any mining to support

a variety of uses giving consideration to soil and foundation

characteristics, topography, and vegetative cover, and, if

applicable, a soil survey prepared pursuant to section

1257(b)(16) of this title; and

(C) the productivity of the land prior to mining, including

appropriate classification as prime farm lands, as well as the

average yield of food, fiber, forage, or wood products from

such lands obtained under high levels of management;

(3) the use which is proposed to be made of the land following

reclamation, including a discussion of the utility and capacity

of the reclaimed land to support a variety of alternative uses

and the relationship of such use to existing land use policies

and plans, and the comments of any owner of the surface, State

and local governments or agencies thereof which would have to

initiate, implement, approve or authorize the proposed use of the

land following reclamation;

(4) a detailed description of how the proposed postmining land

use is to be achieved and the necessary support activities which

may be needed to achieve the proposed land use;

(5) the engineering techniques proposed to be used in mining

and reclamation and a description of the major equipment; a plan

for the control of surface water drainage and of water

accumulation; a plan, where appropriate, for backfilling, soil

stabilization, and compacting, grading, and appropriate

revegetation; a plan for soil reconstruction, replacement, and

stabilization, pursuant to the performance standards in section

1265(b)(7)(A), (B), (C), and (D) of this title, for those food,

forage, and forest lands identified in section 1265(b)(7) of this

title; an estimate of the cost per acre of the reclamation,

including a statement as to how the permittee plans to comply

with each of the requirements set out in section 1265 of this

title;

(6) the consideration which has been given to maximize the

utilization and conservation of the solid fuel resource being

recovered so that reaffecting the land in the future can be

minimized;

(7) a detailed estimated timetable for the accomplishment of

each major step in the reclamation plan;

(8) the consideration which has been given to making the

surface mining and reclamation operations consistent with surface

owner plans, and applicable State and local land use plans and

programs;

(9) the steps to be taken to comply with applicable air and

water quality laws and regulations and any applicable health and

safety standards;

(10) the consideration which has been given to developing the

reclamation plan in a manner consistent with local physical

environmental, and climatological conditions;

(11) all lands, interests in lands, or options on such

interests held by the applicant or pending bids on interests in

lands by the applicant, which lands are contiguous to the area to

be covered by the permit;

(12) the results of test boring which the applicant has made at

the area to be covered by the permit, or other equivalent

information and data in a form satisfactory to the regulatory

authority, including the location of subsurface water, and an

analysis of the chemical properties including acid forming

properties of the mineral and overburden: Provided, That

information which pertains only to the analysis of the chemical

and physical properties of the coal (excepting information

regarding such mineral or elemental contents which is potentially

toxic in the environment) shall be kept confidential and not made

a matter of public record;

(13) a detailed description of the measures to be taken during

the mining and reclamation process to assure the protection of:

(A) the quality of surface and ground water systems, both on-

and off-site, from adverse effects of the mining and

reclamation process;

(B) the rights of present users to such water; and

(C) the quantity of surface and ground water systems, both

on- and off-site, from adverse effects of the mining and

reclamation process or to provide alternative sources of water

where such protection of quantity cannot be assured;

(14) such other requirements as the regulatory authority shall

prescribe by regulations.

(b) Any information required by this section which is not on

public file pursuant to State law shall be held in confidence by

the regulatory authority.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 508, Aug. 3, 1977, 91 Stat. 478.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1256, 1291, 1300 of this

title.

-End-

-CITE-

30 USC Sec. 1259 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1259. Performance bonds

-STATUTE-

(a) Filing with regulatory authority; scope; number and amount

After a surface coal mining and reclamation permit application

has been approved but before such a permit is issued, the applicant

shall file with the regulatory authority, on a form prescribed and

furnished by the regulatory authority, a bond for performance

payable, as appropriate, to the United States or to the State, and

conditional upon faithful performance of all the requirements of

this chapter and the permit. The bond shall cover that area of land

within the permit area upon which the operator will initiate and

conduct surface coal mining and reclamation operations within the

initial term of the permit. As succeeding increments of surface

coal mining and reclamation operations are to be initiated and

conducted within the permit area, the permittee shall file with the

regulatory authority an additional bond or bonds to cover such

increments in accordance with this section. The amount of the bond

required for each bonded area shall depend upon the reclamation

requirements of the approved permit; shall reflect the probable

difficulty of reclamation giving consideration to such factors as

topography, geology of the site, hydrology, and revegetation

potential, and shall be determined by the regulatory authority. The

amount of the bond shall be sufficient to assure the completion of

the reclamation plan if the work had to be performed by the

regulatory authority in the event of forfeiture and in no case

shall the bond for the entire area under one permit be less than

$10,000.

(b) Liability period; execution

Liability under the bond shall be for the duration of the surface

coal mining and reclamation operation and for a period coincident

with operator's responsibility for revegetation requirements in

section 1265 of this title. The bond shall be executed by the

operator and a corporate surety licensed to do business in the

State where such operation is located, except that the operator may

elect to deposit cash, negotiable bonds of the United States

Government or such State, or negotiable certificates of deposit of

any bank organized or transacting business in the United States.

The cash deposit or market value of such securities shall be equal

to or greater than the amount of the bond required for the bonded

area.

(c) Bond of applicant without separate surety; alternate system

The regulatory authority may accept the bond of the applicant

itself without separate surety when the applicant demonstrates to

the satisfaction of the regulatory authority the existence of a

suitable agent to receive service of process and a history of

financial solvency and continuous operation sufficient for

authorization to self-insure or bond such amount or in lieu of the

establishment of a bonding program, as set forth in this section,

the Secretary may approve as part of a State or Federal program an

alternative system that will achieve the objectives and purposes of

the bonding program pursuant to this section.

(d) Deposit of cash or securities

Cash or securities so deposited shall be deposited upon the same

terms as the terms upon which surety bonds may be deposited. Such

securities shall be security for the repayment of such negotiable

certificate of deposit.

(e) Adjustments

The amount of the bond or deposit required and the terms of each

acceptance of the applicant's bond shall be adjusted by the

regulatory authority from time to time as affected land acreages

are increased or decreased or where the cost of future reclamation

changes.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 509, Aug. 3, 1977, 91 Stat. 479.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232, 1256, 1265, 1279,

1291, 1300 of this title.

-End-

-CITE-

30 USC Sec. 1260 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1260. Permit approval or denial

-STATUTE-

(a) Basis for decision; notification of applicant and local

government officials; burden of proof

Upon the basis of a complete mining application and reclamation

plan or a revision or renewal thereof, as required by this chapter

and pursuant to an approved State program or Federal program under

the provisions of this chapter, including public notification and

an opportunity for a public hearing as required by section 1263 of

this title, the regulatory authority shall grant, require

modification of, or deny the application for a permit in a

reasonable time set by the regulatory authority and notify the

applicant in writing. The applicant for a permit, or revision of a

permit, shall have the burden of establishing that his application

is in compliance with all the requirements of the applicable State

or Federal program. Within ten days after the granting of a permit,

the regulatory authority shall notify the local governmental

officials in the local political subdivision in which the area of

land to be affected is located that a permit has been issued and

shall describe the location of the land.

(b) Requirements for approval

No permit or revision application shall be approved unless the

application affirmatively demonstrates and the regulatory authority

finds in writing on the basis of the information set forth in the

application or from information otherwise available which will be

documented in the approval, and made available to the applicant,

that -

(1) the permit application is accurate and complete and that

all the requirements of this chapter and the State or Federal

program have been complied with;

(2) the applicant has demonstrated that reclamation as required

by this chapter and the State or Federal program can be

accomplished under the reclamation plan contained in the permit

application;

(3) the assessment of the probable cumulative impact of all

anticipated mining in the area on the hydrologic balance

specified in section 1257(b) of this title has been made by the

regulatory authority and the proposed operation thereof has been

designed to prevent material damage to hydrologic balance outside

permit area;

(4) the area proposed to be mined is not included within an

area designated unsuitable for surface coal mining pursuant to

section 1272 of this title or is not within an area under study

for such designation in an administrative proceeding commenced

pursuant to section 1272(a)(4)(D) or section 1272(c) of this

title (unless in such an area as to which an administrative

proceeding has commenced pursuant to section 1272(a)(4)(D) of

this title, the operator making the permit application

demonstrates that, prior to January 1, 1977, he has made

substantial legal and financial commitments in relation to the

operation for which he is applying for a permit);

(5) the proposed surface coal mining operation, if located west

of the one hundredth meridian west longitude, would -

(A) not interrupt, discontinue, or preclude farming on

alluvial valley floors that are irrigated or naturally

subirrigated, but, excluding undeveloped range lands which are

not significant to farming on said alluvial valley floors and

those lands as to which the regulatory authority finds that if

the farming that will be interrupted, discontinued, or

precluded is of such small acreage as to be of negligible

impact on the farm's agricultural production, or

(B) not materially damage the quantity or quality of water in

surface or underground water systems that supply these valley

floors in (A) of subsection (b)(5) of this section:

Provided, That this paragraph (5) shall not affect those surface

coal mining operations which in the year preceding August 3,

1977, (I) produced coal in commercial quantities, and were

located within or adjacent to alluvial valley floors or (II) had

obtained specific permit approval by the State regulatory

authority to conduct surface coal mining operations within said

alluvial valley floors.

With respect to such surface mining operations which would have

been within the purview of the foregoing proviso but for the fact

that no coal was so produced in commercial quantities and no such

specific permit approval was so received, the Secretary, if he

determines that substantial financial and legal commitments were

made by an operator prior to January 1, 1977, in connection with

any such operation, is authorized, in accordance with such

regulations as the Secretary may prescribe, to enter into an

agreement with that operator pursuant to which the Secretary may,

notwithstanding any other provision of law, lease other Federal

coal deposits to such operator in exchange for the relinquishment

by such operator of his Federal lease covering coal deposits

involving such mining operations, or pursuant to section 1716 of

title 43, convey to the fee holder of any such coal deposits

involving such mining operations the fee title to other available

Federal coal deposits in exchange for the fee title to such

deposits so involving such mining operations. It is the policy of

the Congress that the Secretary shall develop and carry out a coal

exchange program to acquire private fee coal precluded from being

mined by the restrictions of this paragraph (5) in exchange for

Federal coal which is not so precluded. Such exchanges shall be

made under section 1716 of title 43;

(6) in cases where the private mineral estate has been severed

from the private surface estate, the applicant has submitted to

the regulatory authority -

(A) the written consent of the surface owner to the

extraction of coal by surface mining methods; or

(B) a conveyance that expressly grants or reserves the right

to extract the coal by surface mining methods; or

(C) if the conveyance does not expressly grant the right to

extract coal by surface mining methods, the surface-subsurface

legal relationship shall be determined in accordance with State

law: Provided, That nothing in this chapter shall be construed

to authorize the regulatory authority to adjudicate property

rights disputes.

(c) Schedule of violations

The applicant shall file with his permit application a schedule

listing any and all notices of violations of this chapter and any

law, rule, or regulation of the United States, or of any department

or agency in the United States pertaining to air or water

environmental protection incurred by the applicant in connection

with any surface coal mining operation during the three-year period

prior to the date of application. The schedule shall also indicate

the final resolution of any such notice of violation. Where the

schedule or other information available to the regulatory authority

indicates that any surface coal mining operation owned or

controlled by the applicant is currently in violation of this

chapter or such other laws referred to (!1) this subsection, the

permit shall not be issued until the applicant submits proof that

such violation has been corrected or is in the process of being

corrected to the satisfaction of the regulatory authority,

department, or agency which has jurisdiction over such violation

and no permit shall be issued to an applicant after a finding by

the regulatory authority, after opportunity for hearing, that the

applicant, or the operator specified in the application, controls

or has controlled mining operations with a demonstrated pattern of

willful violations of this chapter of such nature and duration with

such resulting irreparable damage to the environment as to indicate

an intent not to comply with the provisions of this chapter.

(d) Prime farmland mining permit

(1) In addition to finding the application in compliance with

subsection (b) of this section, if the area proposed to be mined

contains prime farmland pursuant to section 1257(b)(16) of this

title, the regulatory authority shall, after consultation with the

Secretary of Agriculture, and pursuant to regulations issued

hereunder by the Secretary of (!2) Interior with the concurrence of

the Secretary of Agriculture, grant a permit to mine on prime

farmland if the regulatory authority finds in writing that the

operator has the technological capability to restore such mined

area, within a reasonable time, to equivalent or higher levels of

yield as non-mined prime farmland in the surrounding area under

equivalent levels of management and can meet the soil

reconstruction standards in section 1265(b)(7) of this title.

Except for compliance with subsection (b) of this section, the

requirements of this paragraph (1) shall apply to all permits

issued after August 3, 1977.

(2) Nothing in this subsection shall apply to any permit issued

prior to August 3, 1977, or to any revisions or renewals thereof,

or to any existing surface mining operations for which a permit was

issued prior to August 3, 1977.

(e) Modification of prohibition

After October 24, 1992, the prohibition of subsection (c) of this

section shall not apply to a permit application due to any

violation resulting from an unanticipated event or condition at a

surface coal mining operation on lands eligible for remining under

a permit held by the person making such application. As used in

this subsection, the term "violation" has the same meaning as such

term has under subsection (c) of this section. The authority of

this subsection and section 1265(b)(20)(B) of this title shall

terminate on September 30, 2004.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 510, Aug. 3, 1977, 91 Stat. 480; Pub.

L. 102-486, title XXV, Sec. 2503(a), Oct. 24, 1992, 106 Stat.

3102.)

-MISC1-

AMENDMENTS

1992 - Subsec. (e). Pub. L. 102-486 added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1256, 1263, 1291, 1300 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "in".

(!2) So in original. Probably should be "of the".

-End-

-CITE-

30 USC Sec. 1261 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1261. Revision of permits

-STATUTE-

(a) Application and revised reclamation plan; requirements;

extensions to area covered

(1) During the term of the permit the permittee may submit an

application for a revision of the permit, together with a revised

reclamation plan, to the regulatory authority.

(2) An application for a revision of a permit shall not be

approved unless the regulatory authority finds that reclamation as

required by this chapter and the State or Federal program can be

accomplished under the revised reclamation plan. The revision shall

be approved or disapproved within a period of time established by

the State or Federal program. The regulatory authority shall

establish guidelines for a determination of the scale or extent of

a revision request for which all permit application information

requirements and procedures, including notice and hearings, shall

apply: Provided, That any revisions which propose significant

alterations in the reclamation plan shall, at a minimum, be subject

to notice and hearing requirements.

(3) Any extensions to the area covered by the permit except

incidental boundary revisions must be made by application for

another permit.

(b) Transfer, assignment, or sale of rights under permit

No transfer, assignment, or sale of the rights granted under any

permit issued pursuant to this chapter shall be made without the

written approval of the regulatory authority.

(c) Review of outstanding permits

The regulatory authority shall within a time limit prescribed in

regulations promulgated by the regulatory authority, review

outstanding permits and may require reasonable revision or

modification of the permit provisions during the term of such

permit: Provided, That such revision or modification shall be based

upon a written finding and subject to notice and hearing

requirements established by the State or Federal program.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 511, Aug. 3, 1977, 91 Stat. 483.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 468.

-End-

-CITE-

30 USC Sec. 1262 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1262. Coal exploration permits

-STATUTE-

(a) Regulations; contents

Each State or Federal program shall include a requirement that

coal exploration operations which substantially disturb the natural

land surface be conducted in accordance with exploration

regulations issued by the regulatory authority. Such regulations

shall include, at a minimum (1) the requirement that prior to

conducting any exploration under this section, any person must file

with the regulatory authority notice of intention to explore and

such notice shall include a description of the exploration area and

the period of supposed exploration and (2) provisions for

reclamation in accordance with the performance standards in section

1265 of this title of all lands disturbed in exploration, including

excavations, roads, drill holes, and the removal of necessary

facilities and equipment.

(b) Confidential information

Information submitted to the regulatory authority pursuant to

this subsection as confidential concerning trade secrets or

privileged commercial or financial information which relates to the

competitive rights of the person or entity intended to explore the

described area shall not be available for public examination.

(c) Penalties

Any person who conducts any coal exploration activities which

substantially disturb the natural land surface in violation of this

section or regulations issued pursuant thereto shall be subject to

the provisions of section 1268 of this title.

(d) Limitation on removal of coal

No operator shall remove more than two hundred and fifty tons of

coal pursuant to an exploration permit without the specific written

approval of the regulatory authority.

(e) Law governing exploration of Federal lands

Coal exploration on Federal lands shall be governed by section 4

of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085).

-SOURCE-

(Pub. L. 95-87, title V, Sec. 512, Aug. 3, 1977, 91 Stat. 483.)

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Federal Coal Leasing Amendments Act of 1975 (90

Stat. 1085), referred to in subsec. (e), is section 4 of Pub. L.

94-377, Aug. 4, 1976, 90 Stat. 1085, redesignated the Federal Coal

Leasing Amendments Act of 1976, which amended section 201(b) of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1291 of this title.

-End-

-CITE-

30 USC Sec. 1263 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1263. Public notice and public hearings

-STATUTE-

(a) Submittal of advertisement to regulatory authority;

notification of local governmental bodies

At the time of submission of an application for a surface coal

mining and reclamation permit, or revision of an existing permit,

pursuant to the provisions of this chapter or an approved State

program, the applicant shall submit to the regulatory authority a

copy of his advertisement of the ownership, precise location, and

boundaries of the land to be affected. At the time of submission

such advertisement shall be placed by the applicant in a local

newspaper of general circulation in the locality of the proposed

surface mine at least once a week for four consecutive weeks. The

regulatory authority shall notify various local governmental

bodies, planning agencies, and sewage and water treatment

authorities, of (!1) water companies in the locality in which the

proposed surface mining will take place, notifying them of the

operator's intention to surface mine a particularly described tract

of land and indicating the application's permit number and where a

copy of the proposed mining and reclamation plan may be inspected.

These local bodies, agencies, authorities, or companies may submit

written comments within a reasonable period established by the

regulatory authority on the mining applications with respect to the

effect of the proposed operation on the environment which are

within their area of responsibility. Such comments shall

immediately be transmitted to the applicant by the regulatory

authority and shall be made available to the public at the same

locations as are the mining applications.

(b) Objections to permit applications; informal conference; record

Any person having an interest which is or may be adversely

affected or the officer or head of any Federal, State, or local

governmental agency or authority shall have the right to file

written objections to the proposed initial or revised application

for a permit for surface coal mining and reclamation operation with

the regulatory authority within thirty days after the last

publication of the above notice. Such objections shall immediately

be transmitted to the applicant by the regulatory authority and

shall be made available to the public. If written objections are

filed and an informal conference requested, the regulatory

authority shall then hold an informal conference in the locality of

the proposed mining, if requested within a reasonable time of the

receipt of such objections or request. The date, time and location

of such informal conference shall be advertised by the regulatory

authority in a newspaper of general circulation in the locality at

least two weeks prior to the scheduled conference date. The

regulatory authority may arrange with the applicant upon request by

any party to the administrative proceeding access to the proposed

mining area for the purpose of gathering information relevant to

the proceeding. An electronic or stenographic record shall be made

of the conference proceeding, unless waived by all parties. Such

record shall be maintained and shall be accessible to the parties

until final release of the applicant's performance bond. In the

event all parties requesting the informal conference stipulate

agreement prior to the requested informal conference and withdraw

their request, such informal conference need not be held.

(c) Prior Federal coal lease hearing as evidence

Where the lands included in an application for a permit are the

subject of a Federal coal lease in connection with which hearings

were held and determinations were made under section 201(a)(3)(A),

(B) and (C) of this title, such hearings shall be deemed as to the

matters covered to satisfy the requirements of this section and

section 1264 of this title and such determinations shall be deemed

to be a part of the record and conclusive for purposes of sections

1260, 1264 of this title and this section.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 513, Aug. 3, 1977, 91 Stat. 484.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1256, 1260, 1264, 1269 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "or".

-End-

-CITE-

30 USC Sec. 1264 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1264. Decisions of regulatory authority and appeals

-STATUTE-

(a) Issuance of findings within 60 days after informal conference

If an informal conference has been held pursuant to section

1263(b) of this title, the regulatory authority shall issue and

furnish the applicant for a permit and persons who are parties to

the administrative proceedings with the written finding of the

regulatory authority, granting or denying the permit in whole or in

part and stating the reasons therefor, within the sixty days of

said hearings.

(b) Decision without informal conference; notification within a

reasonable time

If there has been no informal conference held pursuant to section

1263(b) of this title, the regulatory authority shall notify the

applicant for a permit within a reasonable time as determined by

the regulatory authority and set forth in regulations, taking into

account the time needed for proper investigation of the site, the

complexity of the permit application, and whether or not written

objection to the application has been filed, whether the

application has been approved or disapproved in whole or part.

(c) Request for rehearing on reasons for final determination; time;

issuance of decision

If the application is approved, the permit shall be issued. If

the application is disapproved, specific reasons therefor must be

set forth in the notification. Within thirty days after the

applicant is notified of the final decision of the regulatory

authority on the permit application, the applicant or any person

with an interest which is or may be adversely affected may request

a hearing on the reasons for the final determination. The

regulatory authority shall hold a hearing within thirty days of

such request and provide notification to all interested parties at

the time that the applicant is so notified. If the Secretary is the

regulatory authority the hearing shall be of record and governed by

section 554 of title 5. Where the regulatory authority is the

State, such hearing shall be of record, adjudicatory in nature and

no person who presided at a conference under section 1263(b) of

this title shall either preside at the hearing or participate in

this decision thereon or in any administrative appeal therefrom.

Within thirty days after the hearing the regulatory authority shall

issue and furnish the applicant, and all persons who participated

in the hearing, with the written decision of the regulatory

authority granting or denying the permit in whole or in part and

stating the reasons therefor.

(d) Temporary relief

Where a hearing is requested pursuant to subsection (c) of this

section, the Secretary, where the Secretary is the regulatory

authority, or the State hearing authority may, under such

conditions as it may prescribe, grant such temporary relief as it

deems appropriate pending final determination of the proceedings if

-

(1) all parties to the proceedings have been notified and given

an opportunity to be heard on a request for temporary relief;

(2) the person requesting such relief shows that there is a

substantial likelihood that he will prevail on the merits of the

final determination of the proceeding; and

(3) such relief will not adversely affect the public health or

safety or cause significant imminent environmental harm to land,

air, or water resources.

(e) Power of regulatory authority with respect to rehearing

For the purpose of such hearing, the regulatory authority may

administer oaths, subpoena witnesses, or written or printed

materials, compel attendance of the witness, or production of the

materials, and take evidence including but not limited to site

inspections of the land to be affected and other surface coal

mining operations carried on by the applicant in the general

vicinity of the proposed operation. A verbatim record of each

public hearing required by this chapter shall be made, and a

transcript made available on the motion of any party or by order of

the regulatory authority.

(f) Right to appeal in accordance with section 1276 of this title

Any applicant or any person with an interest which is or may be

adversely affected who has participated in the administrative

proceedings as an objector, and who is aggrieved by the decision of

the regulatory authority, or if the regulatory authority fails to

act within the time limits specified in this chapter shall have the

right to appeal in accordance with section 1276 of this title.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 514, Aug. 3, 1977, 91 Stat. 485.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1256, 1263 of this title.

-End-

-CITE-

30 USC Sec. 1265 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1265. Environmental protection performance standards

-STATUTE-

(a) Permit requirement

Any permit issued under any approved State or Federal program

pursuant to this chapter to conduct surface coal mining operations

shall require that such surface coal mining operations will meet

all applicable performance standards of this chapter, and such

other requirements as the regulatory authority shall promulgate.

(b) General standards

General performance standards shall be applicable to all surface

coal mining and reclamation operations and shall require the

operation as a minimum to -

(1) conduct surface coal mining operations so as to maximize

the utilization and conservation of the solid fuel resource being

recovered so that reaffecting the land in the future through

surface coal mining can be minimized;

(2) restore the land affected to a condition capable of

supporting the uses which it was capable of supporting prior to

any mining, or higher or better uses of which there is reasonable

likelihood, so long as such use or uses do not present any actual

or probable hazard to public health or safety or pose any actual

or probable threat of water diminution or pollution, and the

permit applicants' declared proposed land use following

reclamation is not deemed to be impractical or unreasonable,

inconsistent with applicable land use policies and plans,

involves unreasonable delay in implementation, or is violative of

Federal, State, or local law;

(3) except as provided in subsection (c) of this section with

respect to all surface coal mining operations backfill, compact

(where advisable to insure stability or to prevent leaching of

toxic materials), and grade in order to restore the approximate

original contour of the land with all highwalls, spoil piles, and

depressions eliminated (unless small depressions are needed in

order to retain moisture to assist revegetation or as otherwise

authorized pursuant to this chapter): Provided, however, That in

surface coal mining which is carried out at the same location

over a substantial period of time where the operation transects

the coal deposit, and the thickness of the coal deposits relative

to the volume of the overburden is large and where the operator

demonstrates that the overburden and other spoil and waste

materials at a particular point in the permit area or otherwise

available from the entire permit area is insufficient, giving due

consideration to volumetric expansion, to restore the approximate

original contour, the operator, at a minimum, shall backfill,

grade, and compact (where advisable) using all available

overburden and other spoil and waste materials to attain the

lowest practicable grade but not more than the angle of repose,

to provide adequate drainage and to cover all acid-forming and

other toxic materials, in order to achieve an ecologically sound

land use compatible with the surrounding region: And provided

further, That in surface coal mining where the volume of

overburden is large relative to the thickness of the coal deposit

and where the operator demonstrates that due to volumetric

expansion the amount of overburden and other spoil and waste

materials removed in the course of the mining operation is more

than sufficient to restore the approximate original contour, the

operator shall after restoring the approximate contour, backfill,

grade, and compact (where advisable) the excess overburden and

other spoil and waste materials to attain the lowest grade but

not more than the angle of repose, and to cover all acid-forming

and other toxic materials, in order to achieve an ecologically

sound land use compatible with the surrounding region and that

such overburden or spoil shall be shaped and graded in such a way

as to prevent slides, erosion, and water pollution and is

revegetated in accordance with the requirements of this chapter;

(4) stabilize and protect all surface areas including spoil

piles affected by the surface coal mining and reclamation

operation to effectively control erosion and attendant air and

water pollution;

(5) remove the topsoil from the land in a separate layer,

replace it on the backfill area, or if not utilized immediately,

segregate it in a separate pile from other spoil and when the

topsoil is not replaced on a backfill area within a time short

enough to avoid deterioration of the topsoil, maintain a

successful cover by quick growing plant or other means thereafter

so that the topsoil is preserved from wind and water erosion,

remains free of any contamination by other acid or toxic

material, and is in a usable condition for sustaining vegetation

when restored during reclamation, except if topsoil is of

insufficient quantity or of poor quality for sustaining

vegetation, or if other strata can be shown to be more suitable

for vegetation requirements, then the operator shall remove,

segregate, and preserve in a like manner such other strata which

is best able to support vegetation;

(6) restore the topsoil or the best available subsoil which is

best able to support vegetation;

(7) for all prime farm lands as identified in section

1257(b)(16) of this title to be mined and reclaimed,

specifications for soil removal, storage, replacement, and

reconstruction shall be established by the Secretary of

Agriculture, and the operator shall, as a minimum, be required to

-

(A) segregate the A horizon of the natural soil, except where

it can be shown that other available soil materials will create

a final soil having a greater productive capacity; and if not

utilized immediately, stockpile this material separately from

other spoil, and provide needed protection from wind and water

erosion or contamination by other acid or toxic material;

(B) segregate the B horizon of the natural soil, or

underlying C horizons or other strata, or a combination of such

horizons or other strata that are shown to be both texturally

and chemically suitable for plant growth and that can be shown

to be equally or more favorable for plant growth than the B

horizon, in sufficient quantities to create in the regraded

final soil a root zone of comparable depth and quality to that

which existed in the natural soil; and if not utilized

immediately, stockpile this material separately from other

spoil, and provide needed protection from wind and water

erosion or contamination by other acid or toxic material;

(C) replace and regrade the root zone material described in

(B) above with proper compaction and uniform depth over the

regraded spoil material; and

(D) redistribute and grade in a uniform manner the surface

soil horizon described in subparagraph (A);

(8) create, if authorized in the approved mining and

reclamation plan and permit, permanent impoundments of water on

mining sites as part of reclamation activities only when it is

adequately demonstrated that -

(A) the size of the impoundment is adequate for its intended

purposes;

(B) the impoundment dam construction will be so designed as

to achieve necessary stability with an adequate margin of

safety compatible with that of structures constructed under

Public Law 83-566 (16 U.S.C. 1006);

(C) the quality of impounded water will be suitable on a

permanent basis for its intended use and that discharges from

the impoundment will not degrade the water quality below water

quality standards established pursuant to applicable Federal

and State law in the receiving stream;

(D) the level of water will be reasonably stable;

(E) final grading will provide adequate safety and access for

proposed water users; and

(F) such water impoundments will not result in the diminution

of the quality or quantity of water utilized by adjacent or

surrounding landowners for agricultural, industrial (!1)

recreational, or domestic uses;

(9) conducting (!2) any augering operation associated with

surface mining in a manner to maximize recoverability of mineral

reserves remaining after the operation and reclamation are

complete; and seal all auger holes with an impervious and

noncombustible material in order to prevent drainage except where

the regulatory authority determines that the resulting

impoundment of water in such auger holes may create a hazard to

the environment or the public health or safety: Provided, That

the permitting authority may prohibit augering if necessary to

maximize the utilization, recoverability or conservation of the

solid fuel resources or to protect against adverse water quality

impacts;

(10) minimize the disturbances to the prevailing hydrologic

balance at the mine-site and in associated offsite areas and to

the quality and quantity of water in surface and ground water

systems both during and after surface coal mining operations and

during reclamation by -

(A) avoiding acid or other toxic mine drainage by such

measures as, but not limited to -

(i) preventing or removing water from contact with toxic

producing deposits;

(ii) treating drainage to reduce toxic content which

adversely affects downstream water upon being released to

water courses;

(iii) casing, sealing, or otherwise managing boreholes,

shafts, and wells and keep (!3) acid or other toxic drainage

from entering ground and surface waters;

(B)(i) conducting surface coal mining operations so as to

prevent, to the extent possible using the best technology

currently available, additional contributions of suspended

solids to streamflow, or runoff outside the permit area, but in

no event shall contributions be in excess of requirements set

by applicable State or Federal law;

(ii) constructing any siltation structures pursuant to

subparagraph (B)(i) of this subsection prior to commencement of

surface coal mining operations, such structures to be certified

by a qualified registered engineer or a qualified registered

professional land surveyor in any State which authorizes land

surveyors to prepare and certify such maps or plans to be

constructed as designed and as approved in the reclamation

plan;

(C) cleaning out and removing temporary or large settling

ponds or other siltation structures from drainways after

disturbed areas are revegetated and stabilized; and depositing

the silt and debris at a site and in a manner approved by the

regulatory authority;

(D) restoring recharge capacity of the mined area to

approximate premining conditions;

(E) avoiding channel deepening or enlargement in operations

requiring the discharge of water from mines;

(F) preserving throughout the mining and reclamation process

the essential hydrologic functions of alluvial valley floors in

the arid and semiarid areas of the country; and

(G) such other actions as the regulatory authority may

prescribe;

(11) with respect to surface disposal of mine wastes, tailings,

coal processing wastes, and other wastes in areas other than the

mine working or excavations, stabilize all waste piles in

designated areas through construction in compacted layers

including the use of incombustible and impervious materials if

necessary and assure the final contour of the waste pile will be

compatible with natural surroundings and that the site can and

will be stabilized and revegetated according to the provisions of

this chapter;

(12) refrain from surface coal mining within five hundred feet

from active and abandoned underground mines in order to prevent

breakthroughs and to protect health or safety of miners:

Provided, That the regulatory authority shall permit an operator

to mine near, through or partially through an abandoned

underground mine or closer to an active underground mine if (A)

the nature, timing, and sequencing of the approximate coincidence

of specific surface mine activities with specific underground

mine activities are jointly approved by the regulatory

authorities concerned with surface mine regulation and the health

and safety of underground miners, and (B) such operations will

result in improved resource recovery, abatement of water

pollution, or elimination of hazards to the health and safety of

the public;

(13) design, locate, construct, operate, maintain, enlarge,

modify, and remove or abandon, in accordance with the standards

and criteria developed pursuant to subsection (f) of this

section, all existing and new coal mine waste piles consisting of

mine wastes, tailings, coal processing wastes, or other liquid

and solid wastes, and used either temporarily or permanently as

dams or embankments;

(14) insure that all debris, acid-forming materials, toxic

materials, or materials constituting a fire hazard are treated or

buried and compacted or otherwise disposed of in a manner

designed to prevent contamination of ground or surface waters and

that contingency plans are developed to prevent sustained

combustion;

(15) insure that explosives are used only in accordance with

existing State and Federal law and the regulations promulgated by

the regulatory authority, which shall include provisions to -

(A) provide adequate advance written notice to local

governments and residents who might be affected by the use of

such explosives by publication of the planned blasting schedule

in a newspaper of general circulation in the locality and by

mailing a copy of the proposed blasting schedule to every

resident living within one-half mile of the proposed blasting

site and by providing daily notice to resident/occupiers in

such areas prior to any blasting;

(B) maintain for a period of at least three years and make

available for public inspection upon request a log detailing

the location of the blasts, the pattern and depth of the drill

holes, the amount of explosives used per hole, and the order

and length of delay in the blasts;

(C) limit the type of explosives and detonating equipment,

the size, the timing and frequency of blasts based upon the

physical conditions of the site so as to prevent (i) injury to

persons, (ii) damage to public and private property outside the

permit area, (iii) adverse impacts on any underground mine, and

(iv) change in the course, channel, or availability of ground

or surface water outside the permit area;

(D) require that all blasting operations be conducted by

trained and competent persons as certified by the regulatory

authority;

(E) provide that upon the request of a resident or owner of a

man-made dwelling or structure within one-half mile of any

portion of the permitted area the applicant or permittee shall

conduct a pre-blasting survey of such structures and submit the

survey to the regulatory authority and a copy to the resident

or owner making the request. The area of the survey shall be

decided by the regulatory authority and shall include such

provisions as the Secretary shall promulgate.

(16) insure that all reclamation efforts proceed in an

environmentally sound manner and as contemporaneously as

practicable with the surface coal mining operations: Provided,

however, That where the applicant proposes to combine surface

mining operations with underground mining operations to assure

maximum practical recovery of the mineral resources, the

regulatory authority may grant a variance for specific areas

within the reclamation plan from the requirement that reclamation

efforts proceed as contemporaneously as practicable to permit

underground mining operations prior to reclamation:

(A) if the regulatory authority finds in writing that:

(i) the applicant has presented, as part of the permit

application, specific, feasible plans for the proposed

underground mining operations;

(ii) the proposed underground mining operations are

necessary or desirable to assure maximum practical recovery

of the mineral resource and will avoid multiple disturbance

of the surface;

(iii) the applicant has satisfactorily demonstrated that

the plan for the underground mining operations conforms to

requirements for underground mining in the jurisdiction and

that permits necessary for the underground mining operations

have been issued by the appropriate authority;

(iv) the areas proposed for the variance have been shown by

the applicant to be necessary for the implementing of the

proposed underground mining operations;

(v) no substantial adverse environmental damage, either

on-site or off-site, will result from the delay in completion

of reclamation as required by this chapter;

(vi) provisions for the off-site storage of spoil will

comply with paragraph (22);

(B) if the Secretary has promulgated specific regulations to

govern the granting of such variances in accordance with the

provisions of this subsection and section 1251 of this title,

and has imposed such additional requirements as he deems

necessary;

(C) if variances granted under the provisions of this

subsection are to be reviewed by the regulatory authority not

more than three years from the date of issuance of the permit;

and

(D) if liability under the bond filed by the applicant with

the regulatory authority pursuant to section 1259(b) of this

title shall be for the duration of the underground mining

operations and until the requirements of this subsection and

section 1269 of this title have been fully complied with.(!4)

(17) insure that the construction, maintenance, and postmining

conditions of access roads into and across the site of operations

will control or prevent erosion and siltation, pollution of

water, damage to fish or wildlife or their habitat, or public or

private property;

(18) refrain from the construction of roads or other access

ways up a stream bed or drainage channel or in such proximity to

such channel so as to seriously alter the normal flow of water;

(19) establish on the regraded areas, and all other lands

affected, a diverse, effective, and permanent vegetative cover of

the same seasonal variety native to the area of land to be

affected and capable of self-regeneration and plant succession at

least equal in extent of cover to the natural vegetation of the

area; except, that introduced species may be used in the

revegetation process where desirable and necessary to achieve the

approved postmining land use plan;

(20)(A) assume the responsibility for successful revegetation,

as required by paragraph (19) above, for a period of five full

years after the last year of augmented seeding, fertilizing,

irrigation, or other work in order to assure compliance with

paragraph (19) above, except in those areas or regions of the

country where the annual average precipitation is twenty-six

inches or less, then the operator's assumption of responsibility

and liability will extend for a period of ten full years after

the last year of augmented seeding, fertilizing, irrigation, or

other work: Provided, That when the regulatory authority approves

a long-term intensive agricultural postmining land use, the

applicable five- or ten-year period of responsibility for

revegetation shall commence at the date of initial planting for

such long-term intensive agricultural postmining land use:

Provided further, That when the regulatory authority issues a

written finding approving a long-term, intensive, agricultural

postmining land use as part of the mining and reclamation plan,

the authority may grant exception to the provisions of paragraph

(19) above;

(B) on lands eligible for remining assume the responsibility

for successful revegetation for a period of two full years after

the last year of augmented seeding, fertilizing, irrigation, or

other work in order to assure compliance with the applicable

standards, except in those areas or regions of the country where

the annual average precipitation is twenty-six inches or less,

then the operator's assumption of responsibility and liability

will be extended for a period of five full years after the last

year of augmented seeding, fertilizing, irrigation, or other work

in order to assure compliance with the applicable standards.(!5)

(21) protect offsite areas from slides or damage occurring

during the surface coal mining and reclamation operations, and

not deposit spoil material or locate any part of the operations

or waste accumulations outside the permit area;

(22) place all excess spoil material resulting from coal

surface mining and reclamation activities in such a manner that -

(A) spoil is transported and placed in a controlled manner in

position for concurrent compaction and in such a way to assure

mass stability and to prevent mass movement;

(B) the areas of disposal are within the bonded permit areas

and all organic matter shall be removed immediately prior to

spoil placement;

(C) appropriate surface and internal drainage systems and

diversion ditches are used so as to prevent spoil erosion and

movement;

(D) the disposal area does not contain springs, natural water

courses or wet weather seeps unless lateral drains are

constructed from the wet areas to the main underdrains in such

a manner that filtration of the water into the spoil pile will

be prevented;

(E) if placed on a slope, the spoil is placed upon the most

moderate slope among those upon which, in the judgment of the

regulatory authority, the spoil could be placed in compliance

with all the requirements of this chapter, and shall be placed,

where possible, upon, or above, a natural terrace, bench, or

berm, if such placement provides additional stability and

prevents mass movement;

(F) where the toe of the spoil rests on a downslope, a rock

toe buttress, of sufficient size to prevent mass movement, is

constructed;

(G) the final configuration is compatible with the natural

drainage pattern and surroundings and suitable for intended

uses;

(H) design of the spoil disposal area is certified by a

qualified registered professional engineer in conformance with

professional standards; and

(I) all other provisions of this chapter are met.(!6)

(23) meet such other criteria as are necessary to achieve

reclamation in accordance with the purposes of this chapter,

taking into consideration the physical, climatological, and other

characteristics of the site; and (!7)

(24) to the extent possible using the best technology currently

available, minimize disturbances and adverse impacts of the

operation on fish, wildlife, and related environmental values,

and achieve enhancement of such resources where practicable;

(25) provide for an undisturbed natural barrier beginning at

the elevation of the lowest coal seam to be mined and extending

from the outslope for such distance as the regulatory authority

shall determine shall be retained in place as a barrier to slides

and erosion.

(c) Procedures; exception to original contour restoration

requirements

(1) Each State program may and each Federal program shall include

procedures pursuant to which the regulatory authority may permit

surface mining operations for the purposes set forth in paragraph

(3) of this subsection.

(2) Where an applicant meets the requirements of paragraphs (3)

and (4) of this subsection a permit without regard to the

requirement to restore to approximate original contour set forth in

subsection (b)(3) or (d)(2) and (3) of this section may be granted

for the surface mining of coal where the mining operation will

remove an entire coal seam or seams running through the upper

fraction of a mountain, ridge, or hill (except as provided in

subsection (c)(4)(A) hereof) by removing all of the overburden and

creating a level plateau or a gently rolling contour with no

highwalls remaining, and capable of supporting postmining uses in

accord with the requirements of this subsection.

(3) In cases where an industrial, commercial, agricultural,

residential or public facility (including recreational facilities)

use is proposed or (!8) the postmining use of the affected land,

the regulatory authority may grant a permit for a surface mining

operation of the nature described in subsection (c)(2) of this

section where -

(A) after consultation with the appropriate land use planning

agencies, if any, the proposed postmining land use is deemed to

constitute an equal or better economic or public use of the

affected land, as compared with premining use;

(B) the applicant presents specific plans for the proposed

postmining land use and appropriate assurances that such use will

be -

(i) compatible with adjacent land uses;

(ii) obtainable according to data regarding expected need and

market;

(iii) assured of investment in necessary public facilities;

(iv) supported by commitments from public agencies where

appropriate;

(v) practicable with respect to private financial capability

for completion of the proposed use;

(vi) planned pursuant to a schedule attached to the

reclamation plan so as to integrate the mining operation and

reclamation with the postmining land use; and

(vii) designed by a registered engineer in conformance with

professional standards established to assure the stability,

drainage, and configuration necessary for the intended use of

the site;

(C) the proposed use would be consistent with adjacent land

uses, and existing State and local land use plans and programs;

(D) the regulatory authority provides the governing body of the

unit of general-purpose government in which the land is located

and any State or Federal agency which the regulatory agency, in

its discretion, determines to have an interest in the proposed

use, an opportunity of not more than sixty days to review and

comment on the proposed use;

(E) all other requirements of this chapter will be met.

(4) In granting any permit pursuant to this subsection the

regulatory authority shall require that -

(A) the toe of the lowest coal seam and the overburden

associated with it are retained in place as a barrier to slides

and erosion;

(B) the reclaimed area is stable;

(C) the resulting plateau or rolling contour drains inward from

the outslopes except at specified points;

(D) no damage will be done to natural watercourses;

(E) spoil will be placed on the mountaintop bench as is

necessary to achieve the planned postmining land use: Provided,

That all excess spoil material not retained on the mountaintop

shall be placed in accordance with the provisions of subsection

(b)(22) of this section;

(F) insure stability of the spoil retained on the mountaintop

and meet the other requirements of this chapter; (!9)

(5) The regulatory authority shall promulgate specific

regulations to govern the granting of permits in accord with the

provisions of this subsection, and may impose such additional

requirements as he deems to be necessary.

(6) All permits granted under the provisions of this subsection

shall be reviewed not more than three years from the date of

issuance of the permit, unless the applicant affirmatively

demonstrates that the proposed development is proceeding in

accordance with the terms of the approved schedule and reclamation

plan.

(d) Steep-slope surface coal mining standards

The following performance standards shall be applicable to

steep-slope surface coal mining and shall be in addition to those

general performance standards required by this section: Provided,

however, That the provisions of this subsection (d) shall not apply

to those situations in which an operator is mining on flat or

gently rolling terrain, on which an occasional steep slope is

encountered through which the mining operation is to proceed,

leaving a plain or predominantly flat area or where an operator is

in compliance with provisions of subsection (c) hereof:

(1) Insure that when performing surface coal mining on steep

slopes, no debris, abandoned or disabled equipment, spoil material,

or waste mineral matter be placed on the downslope below the bench

or mining cut: Provided, That spoil material in excess of that

required for the reconstruction of the approximate original contour

under the provisions of subsection (b)(3) or (d)(2) of this section

shall be permanently stored pursuant to subsection (b)(22) of this

section.

(2) Complete backfilling with spoil material shall be required to

cover completely the highwall and return the site to the

appropriate original contour, which material will maintain

stability following mining and reclamation.

(3) The operator may not disturb land above the top of the

highwall unless the regulatory authority finds that such

disturbance will facilitate compliance with the environmental

protection standards of this section: Provided, however, That the

land disturbed above the highwall shall be limited to that amount

necessary to facilitate said compliance.

(4) For the purposes of this subsection (d), the term "steep

slope" is any slope above twenty degrees or such lesser slope as

may be defined by the regulatory authority after consideration of

soil, climate, and other characteristics of a region or State.

(e) Variances to original contour restoration requirements

(1) Each State program may and each Federal program shall include

procedures pursuant to which the regulatory authority may permit

variances for the purposes set forth in paragraph (3) of this

subsection, provided that the watershed control of the area is

improved; and further provided complete backfilling with spoil

material shall be required to cover completely the highwall which

material will maintain stability following mining and reclamation.

(2) Where an applicant meets the requirements of paragraphs (3)

and (4) of this subsection a variance from the requirement to

restore to approximate original contour set forth in subsection

(d)(2) of this section may be granted for the surface mining of

coal where the owner of the surface knowingly requests in writing,

as a part of the permit application that such a variance be granted

so as to render the land, after reclamation, suitable for an

industrial, commercial, residential, or public use (including

recreational facilities) in accord with the further provisions of

(3) and (4) of this subsection.

(3)(A) After consultation with the appropriate land use planning

agencies, if any, the potential use of the affected land is deemed

to constitute an equal or better economic or public use;

(B) is designed and certified by a qualified registered

professional engineer in conformance with professional standards

established to assure the stability, drainage, and configuration

necessary for the intended use of the site; and

(C) after approval of the appropriate State environmental

agencies, the watershed of the affected land is deemed to be

improved.

(4) In granting a variance pursuant to this subsection the

regulatory authority shall require that only such amount of spoil

will be placed off the mine bench as is necessary to achieve the

planned postmining land use, insure stability of the spoil retained

on the bench, meet all other requirements of this chapter, and all

spoil placement off the mine bench must comply with subsection

(b)(22) of this section.

(5) The regulatory authority shall promulgate specific

regulations to govern the granting of variances in accord with the

provisions of this subsection, and may impose such additional

requirements as he deems to be necessary.

(6) All exceptions granted under the provisions of this

subsection shall be reviewed not more than three years from the

date of issuance of the permit, unless the permittee affirmatively

demonstrates that the proposed development is proceeding in

accordance with the terms of the reclamation plan.

(f) Standards and criteria for coal mine waste piles

The Secretary, with the written concurrence of the Chief of

Engineers, shall establish within one hundred and thirty-five days

from August 3, 1977, standards and criteria regulating the design,

location, construction, operation, maintenance, enlargement,

modification, removal, and abandonment of new and existing coal

mine waste piles referred to in subsection (b)(13) of this section

and section 1266(b)(5) of this title. Such standards and criteria

shall conform to the standards and criteria used by the Chief of

Engineers to insure that flood control structures are safe and

effectively perform their intended function. In addition to

engineering and other technical specifications the standards and

criteria developed pursuant to this subsection must include

provisions for: review and approval of plans and specifications

prior to construction, enlargement, modification, removal, or

abandonment; performance of periodic inspections during

construction; issuance of certificates of approval upon completion

of construction; performance of periodic safety inspections; and

issuance of notices for required remedial or maintenance work.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 515, Aug. 3, 1977, 91 Stat. 486; Pub.

L. 99-500, Sec. 101(h) [title I, Sec. 123], Oct. 18, 1986, 100

Stat. 1783-242, 1783-267, and Pub. L. 99-591, Sec. 101(h) [title I,

Sec. 123], Oct. 30, 1986, 100 Stat. 3341-242, 3341-267; Pub. L.

102-486, title XXV, Sec. 2503(b), Oct. 24, 1992, 106 Stat. 3102.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 83-566, referred to in subsec. (b)(8)(B), is act Aug.

4, 1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed

Protection and Flood Prevention Act, which is classified generally

to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 1001 of Title 16 and Tables.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(20). Pub. L. 102-486 designated existing

provisions as subpar. (A) and added subpar. (B).

1986 - Subsec. (b)(10)(B)(ii). Pub. L. 99-500 and Pub. L. 99-591

inserted "or a qualified registered professional land surveyor in

any State which authorizes land surveyors to prepare and certify

such maps or plans".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1251a, 1252, 1257, 1258,

1259, 1260, 1262, 1266, 1269, 1276, 1279, 1291, 1300, 1301 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original. Probably should be "conduct".

(!3) So in original. Probably should be "keeping".

(!4) So in original. The period probably should be a semicolon.

(!5) So in original. The period probably should be a semicolon.

(!6) So in original. The period probably should be a semicolon.

(!7) So in original. The word "and" probably should appear at

end of par. (24).

(!8) So in original. Probably should be "for".

(!9) So in original. The semicolon probably should be a period.

-End-

-CITE-

30 USC Sec. 1266 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1266. Surface effects of underground coal mining operations

-STATUTE-

(a) Rules and regulations

The Secretary shall promulgate rules and regulations directed

toward the surface effects of underground coal mining operations,

embodying the following requirements and in accordance with the

procedures established under section 1251 of this title: Provided,

however, That in adopting any rules and regulations the Secretary

shall consider the distinct difference between surface coal mining

and underground coal mining. Such rules and regulations shall not

conflict with nor supersede any provision of the Federal Coal Mine

Health and Safety Act of 1969 [30 U.S.C. 801 et seq.] nor any

regulation issued pursuant thereto, and shall not be promulgated

until the Secretary has obtained the written concurrence of the

head of the department which administers such Act.

(b) Permit requirements

Each permit issued under any approved State or Federal program

pursuant to this chapter and relating to underground coal mining

shall require the operator to -

(1) adopt measures consistent with known technology in order to

prevent subsidence causing material damage to the extent

technologically and economically feasible, maximize mine

stability, and maintain the value and reasonably foreseeable use

of such surface lands, except in those instances where the mining

technology used requires planned subsidence in a predictable and

controlled manner: Provided, That nothing in this subsection

shall be construed to prohibit the standard method of room and

pillar mining;

(2) seal all portals, entryways, drifts, shafts, or other

openings between the surface and underground mine working when no

longer needed for the conduct of the mining operations;

(3) fill or seal exploratory holes no longer necessary for

mining, maximizing to the extent technologically and economically

feasible return of mine and processing waste, tailings, and any

other waste incident to the mining operation, to the mine

workings or excavations;

(4) with respect to surface disposal of mine wastes, tailings,

coal processing wastes, and other wastes in areas other than the

mine workings or excavations, stabilize all waste piles created

by the permittee from current operations through construction in

compacted layers including the use of incombustible and

impervious materials if necessary and assure that the leachate

will not degrade below water quality standards established

pursuant to applicable Federal and State law surface or ground

waters and that the final contour of the waste accumulation will

be compatible with natural surroundings and that the site is

stabilized and revegetated according to the provisions of this

section;

(5) design, locate, construct, operate, maintain, enlarge,

modify, and remove, or abandon, in accordance with the standards

and criteria developed pursuant to section 1265(f) of this title,

all existing and new coal mine waste piles consisting of mine

wastes, tailings, coal processing wastes, or other liquid and

solid wastes and used either temporarily or permanently as dams

or embankments;

(6) establish on regraded areas and all other lands affected, a

diverse and permanent vegetative cover capable of

self-regeneration and plant succession and at least equal in

extent of cover to the natural vegetation of the area;

(7) protect offsite areas from damages which may result from

such mining operations;

(8) eliminate fire hazards and otherwise eliminate conditions

which constitute a hazard to health and safety of the public;

(9) minimize the disturbances of the prevailing hydrologic

balance at the minesite and in associated offsite areas and to

the quantity of water in surface ground water systems both during

and after coal mining operations and during reclamation by -

(A) avoiding acid or other toxic mine drainage by such

measures as, but not limited to -

(i) preventing or removing water from contact with toxic

producing deposits;

(ii) treating drainage to reduce toxic content which

adversely affects downstream water upon being released to

water courses;

(iii) casing, sealing, or otherwise managing boreholes,

shafts, and wells to keep acid or other toxic drainage from

entering ground and surface waters; and

(B) conducting surface coal mining operations so as to

prevent, to the extent possible using the best technology

currently available, additional contributions of suspended

solids to streamflow or runoff outside the permit area (but in

no event shall such contributions be in excess of requirements

set by applicable State or Federal law), and avoiding channel

deepening or enlargement in operations requiring the discharge

of water from mines;

(10) with respect to other surface impacts not specified in

this subsection including the construction of new roads or the

improvement or use of existing roads to gain access to the site

of such activities and for haulage, repair areas, storage areas,

processing areas, shipping areas, and other areas upon which are

sited structures, facilities, or other property or materials on

the surface, resulting from or incident to such activities,

operate in accordance with the standards established under

section 1265 of this title for such effects which result from

surface coal mining operations: Provided, That the Secretary

shall make such modifications in the requirements imposed by this

paragraph as are necessary to accommodate the distinct difference

between surface and underground coal mining;

(11) to the extent possible using the best technology currently

available, minimize disturbances and adverse impacts of the

operation on fish, wildlife, and related environmental values,

and achieve enhancement of such resources where practicable;

(12) locate openings for all new drift mines working

acid-producing or iron-producing coal seams in such a manner as

to prevent a gravity discharge of water from the mine.

(c) Suspension of underground coal mining operations in urbanized

areas

In order to protect the stability of the land, the regulatory

authority shall suspend underground coal mining under urbanized

areas, cities, towns, and communities and adjacent to industrial or

commercial buildings, major impoundments, or permanent streams if

he finds imminent danger to inhabitants of the urbanized areas,

cities, towns, and communities.

(d) Applicability of this subchapter to surface operations and

surface impacts incident to underground coal mining operations

The provisions of this subchapter relating to State and Federal

programs, permits, bonds, inspections and enforcement, public

review, and administrative and judicial review shall be applicable

to surface operations and surface impacts incident to an

underground coal mine with such modifications to the permit

application requirements, permit approval or denial procedures, and

bond requirements as are necessary to accommodate the distinct

difference between surface and underground coal mining. The

Secretary shall promulgate such modifications in accordance with

the rulemaking procedure established in section 1251 of this title.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 516, Aug. 3, 1977, 91 Stat. 495.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Coal Mine Health and Safety Act of 1969, referred to

in subsec. (a), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as

amended, which was redesignated the Federal Mine Safety and Health

Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91

Stat. 1290, and is classified principally to chapter 22 (Sec. 801

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 801 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1251a, 1265, 1276, 1279,

1291, 1300, 1301 of this title.

-End-

-CITE-

30 USC Sec. 1267 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1267. Inspections and monitoring

-STATUTE-

(a) Inspections of surface coal mining and reclamation operations

The Secretary shall cause to be made such inspections of any

surface coal mining and reclamation operations as are necessary to

evaluate the administration of approved State programs, or to

develop or enforce any Federal program, and for such purposes

authorized representatives of the Secretary shall have a right of

entry to, upon, or through any surface coal mining and reclamation

operations.

(b) Records and reports; monitoring systems; evaluation of results

For the purpose of developing or assisting in the development,

administration, and enforcement of any approved State or Federal

program under this chapter or in the administration and enforcement

of any permit under this chapter, or of determining whether any

person is in violation of any requirement of any such State or

Federal program or any other requirement of this chapter -

(1) the regulatory authority shall require any permittee to (A)

establish and maintain appropriate records, (B) make monthly

reports to the regulatory authority, (C) install, use, and

maintain any necessary monitoring equipment or methods, (D)

evaluate results in accordance with such methods, at such

locations, intervals, and in such manner as a regulatory

authority shall prescribe, and (E) provide such other information

relative to surface coal mining and reclamation operations as the

regulatory authority deems reasonable and necessary;

(2) for those surface coal mining and reclamation operations

which remove or disturb strata that serve as aquifers which

significantly insure the hydrologic balance of water use either

on or off the mining site, the regulatory authority shall specify

those -

(A) monitoring sites to record the quantity and quality of

surface drainage above and below the minesite as well as in the

potential zone of influence;

(B) monitoring sites to record level, amount, and samples of

ground water and aquifers potentially affected by the mining

and also directly below the lowermost (deepest) coal seam to be

mined;

(C) records of well logs and borehole data to be maintained;

and

(D) monitoring sites to record precipitation.

The monitoring data collection and analysis required by this

section shall be conducted according to standards and procedures

set forth by the regulatory authority in order to assure their

reliability and validity; and

(3) the authorized representatives of the regulatory authority,

without advance notice and upon presentation of appropriate

credentials (A) shall have the right of entry to, upon, or

through any surface coal mining and reclamation operations or any

premises in which any records required to be maintained under

paragraph (1) of this subsection are located; and (B) may at

reasonable times, and without delay, have access to and copy any

records, inspect any monitoring equipment or method of operation

required under this chapter.

(c) Inspection intervals

The inspections by the regulatory authority shall (1) occur on an

irregular basis averaging not less than one partial inspection per

month and one complete inspection per calendar quarter for the

surface coal mining and reclamation operation covered by each

permit; (2) occur without prior notice to the permittee or his

agents or employees except for necessary onsite meetings with the

permittee; and (3) include the filing of inspection reports

adequate to enforce the requirements of and to carry out the terms

and purposes of this chapter.

(d) Maintenance of sign

Each permittee shall conspicuously maintain at the entrances to

the surface coal mining and reclamation operations a clearly

visible sign which sets forth the name, business address, and phone

number of the permittee and the permit number of the surface coal

mining and reclamation operations.

(e) Violations

Each inspector, upon detection of each violation of any

requirement of any State or Federal program or of this chapter,

shall forthwith inform the operator in writing, and shall report in

writing any such violation to the regulatory authority.

(f) Availability of information to public

Copies of any records, reports, inspection materials, or

information obtained under this subchapter by the regulatory

authority shall be made immediately available to the public at

central and sufficient locations in the county, multicounty, and

State area of mining so that they are conveniently available to

residents in the areas of mining.

(g) Conflict of interest; penalty; publication of regulations;

report to Congress

No employee of the State regulatory authority performing any

function or duty under this chapter shall have a direct or indirect

financial interest in any underground or surface coal mining

operation. Whoever knowingly violates the provisions of this

subsection shall, upon conviction, be punished by a fine of not

more than $2,500, or by imprisonment of not more than one year, or

by both. The Secretary shall (1) within sixty days after August 3,

1977, publish in the Federal Register, in accordance with section

553 of title 5, regulations to establish methods by which the

provisions of this subsection will be monitored and enforced by the

Secretary and such State regulatory authority, including

appropriate provisions for the filing by such employees and the

review of statements and supplements thereto concerning any

financial interest which may be affected by this subsection, and

(2) report to the Congress as part of the Annual Report (section

1296 of this title) on actions taken and not taken during the

preceding year under this subsection.

(h) Review; procedures for inspections

(1) Any person who is or may be adversely affected by a surface

mining operation may notify the Secretary or any representative of

the Secretary responsible for conducting the inspection, in

writing, of any violation of this chapter which he has reason to

believe exists at the surface mining site. The Secretary shall, by

regulation, establish procedures for informal review of any refusal

by a representative of the Secretary to issue a citation with

respect to any such alleged violation. The Secretary shall furnish

such persons requesting the review a written statement of the

reasons for the Secretary's final disposition of the case.

(2) The Secretary shall also, by regulation, establish procedures

to insure that adequate and complete inspections are made. Any such

person may notify the Secretary of any failure to make such

inspections, after which the Secretary shall determine whether

adequate and complete inspections have been made. The Secretary

shall furnish such persons a written statement of the reasons for

the Secretary's determination that adequate and complete

inspections have or have not been conducted.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 517, Aug. 3, 1977, 91 Stat. 498.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(g) of this section relating to requirement to report to Congress

on actions taken and not taken under subsec. (g), see section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance, and page 109 of House Document No.

103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300 of this title.

-End-

-CITE-

30 USC Sec. 1268 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1268. Penalties

-STATUTE-

(a) Civil penalties for violations of permit conditions and

provisions of this subchapter

In the enforcement of a Federal program or Federal lands program,

or during Federal enforcement pursuant to section 1252 of this

title or during Federal enforcement of a State program pursuant to

section 1271 of this title, any permittee who violates any permit

condition or who violates any other provision of this subchapter,

may be assessed a civil penalty by the Secretary, except that if

such violation leads to the issuance of a cessation order under

section 1271 of this title, the civil penalty shall be assessed.

Such penalty shall not exceed $5,000 for each violation. Each day

of continuing violation may be deemed a separate violation for

purposes of penalty assessments. In determining the amount of the

penalty, consideration shall be given to the permittee's history of

previous violations at the particular surface coal mining

operation; the seriousness of the violation, including any

irreparable harm to the environment and any hazard to the health or

safety of the public; whether the permittee was negligent; and the

demonstrated good faith of the permittee charged in attempting to

achieve rapid compliance after notification of the violation.

(b) Hearing

A civil penalty shall be assessed by the Secretary only after the

person charged with a violation described under subsection (a) of

this section has been given an opportunity for a public hearing.

Where such a public hearing has been held, the Secretary shall make

findings of fact, and he shall issue a written decision as to the

occurrence of the violation and the amount of the penalty which is

warranted, incorporating, when appropriate, an order therein

requiring that the penalty be paid. When appropriate, the Secretary

shall consolidate such hearings with other proceedings under

section 1271 of this title. Any hearing under this section shall be

of record and shall be subject to section 554 of title 5. Where the

person charged with such a violation fails to avail himself of the

opportunity for a public hearing, a civil penalty shall be assessed

by the Secretary after the Secretary has determined that a

violation did occur, and the amount of the penalty which is

warranted, and has issued an order requiring that the penalty be

paid.

(c) Notice of violation; action required of violator; waiver of

legal rights

Upon the issuance of a notice or order charging that a violation

of this chapter has occurred, the Secretary shall inform the

operator within thirty days of the proposed amount of said penalty.

The person charged with the penalty shall then have thirty days to

pay the proposed penalty in full or, if the person wishes to

contest either the amount of the penalty or the fact of the

violation, forward the proposed amount to the Secretary for

placement in an escrow account. If through administrative or

judicial review of the proposed penalty, it is determined that no

violation occurred, or that the amount of the penalty should be

reduced, the Secretary shall within thirty days remit the

appropriate amount to the person, with interest at the rate of 6

percent, or at the prevailing Department of the Treasury rate,

whichever is greater. Failure to forward the money to the Secretary

within thirty days shall result in a waiver of all legal rights to

contest the violation or the amount of the penalty.

(d) Civil action to recover civil penalties

Civil penalties owed under this chapter, may be recovered in a

civil action brought by the Attorney General at the request of the

Secretary in any appropriate district court of the United States.

(e) Willful violations

Any person who willfully and knowingly violates a condition of a

permit issued pursuant to a Federal program, a Federal lands

program or Federal enforcement pursuant to section 1252 of this

title or during Federal enforcement of a State program pursuant to

section 1271 of this title or fails or refuses to comply with any

order issued under section 1271 or section 1276 of this title, or

any order incorporated in a final decision issued by the Secretary

under this chapter, except an order incorporated in a decision

issued under subsection (b) of this section or section 1294 of this

title, shall, upon conviction, be punished by a fine of not more

than $10,000, or by imprisonment for not more than one year or

both.

(f) Corporate violations

Whenever a corporate permittee violates a condition of a permit

issued pursuant to a Federal program, a Federal lands program or

Federal enforcement pursuant to section 1252 of this title or

Federal enforcement of a State program pursuant to section 1271 of

this title or fails or refuses to comply with any order issued

under section 1271 of this title, or any order incorporated in a

final decision issued by the Secretary under this chapter except an

order incorporated in a decision issued under subsection (b) of

this section or section 1293 of this title, any director, officer,

or agent of such corporation who willfully and knowingly

authorized, ordered, or carried out such violation, failure, or

refusal shall be subject to the same civil penalties, fines, and

imprisonment that may be imposed upon a person under subsections

(a) and (e) of this section.

(g) False statements, representations, or certifications

Whoever knowingly makes any false statement, representation, or

certification, or knowingly fails to make any statement,

representation, or certification in any application, record,

report, plant, or other document filed or required to be maintained

pursuant to a Federal program or a Federal lands program or any

order of decision issued by the Secretary under this chapter,

shall, upon conviction, be punished by a fine of not more than

$10,000, or by imprisonment for not more than one year or both.

(h) Failure to correct violation

Any operator who fails to correct a violation for which a

citation has been issued under section 1271(a) of this title within

the period permitted for its correction (which period shall not end

until the entry of a final order by the Secretary, in the case of

any review proceedings under section 1275 of this title initiated

by the operator wherein the Secretary orders, after an expedited

hearing, the suspension of the abatement requirements of the

citation after determining that the operator will suffer

irreparable loss or damage from the application of those

requirements, or until the entry of an order of the court, in the

case of any review proceedings under section 1276 of this title

initiated by the operator wherein the court orders the suspension

of the abatement requirements of the citation), shall be assessed a

civil penalty of not less than $750 for each day during which such

failure or violation continues.

(i) Effect on additional enforcement right or procedure available

under State law

As a condition of approval of any State program submitted

pursuant to section 1253 of this title, the civil and criminal

penalty provisions thereof shall, at a minimum, incorporate

penalties no less stringent than those set forth in this section,

and shall contain the same or similar procedural requirements

relating thereto. Nothing herein shall be construed so as to

eliminate any additional enforcement right or procedures which are

available under State law to a State regulatory authority but which

are not specifically enumerated herein.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 518, Aug. 3, 1977, 91 Stat. 499.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232, 1262 of this title.

-End-

-CITE-

30 USC Sec. 1269 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1269. Release of performance bonds or deposits

-STATUTE-

(a) Filing of request; submittal of copy of advertisement;

notification by letter of intent to seek release

The permittee may file a request with the regulatory authority

for the release of all or part of a performance bond or deposit.

Within thirty days after any application for bond or deposit

release has been filed with the regulatory authority, the operator

shall submit a copy of an advertisement placed at least once a week

for four successive weeks in a newspaper of general circulation in

the locality of the surface coal mining operation. Such

advertisement shall be considered part of any bond release

application and shall contain a notification of the precise

location of the land affected, the number of acres, the permit and

the date approved, the amount of the bond filed and the portion

sought to be released, and the type and appropriate dates of

reclamation work performed, and a description of the results

achieved as they relate to the operator's approved reclamation

plan. In addition, as part of any bond release application, the

applicant shall submit copies of letters which he has sent to

adjoining property owners, local governmental bodies, planning

agencies, and sewage and water treatment authorities, or water

companies in the locality in which the surface coal mining and

reclamation activities took place, notifying them of his intention

to seek release from the bond.

(b) Inspection and evaluation; notification of decision

Upon receipt of the notification and request, the regulatory

authority shall within thirty days conduct an inspection and

evaluation of the reclamation work involved. Such evaluation shall

consider, among other things, the degree of difficulty to complete

any remaining reclamation, whether pollution of surface and

subsurface water is occurring, the probability of continuance of

future occurrence of such pollution, and the estimated cost of

abating such pollution. The regulatory authority shall notify the

permittee in writing of its decision to release or not to release

all or part of the performance bond or deposit within sixty days

from the filing of the request, if no public hearing is held

pursuant to subsection (f) of this section, and if there has been a

public hearing held pursuant to subsection (f) of this section,

within thirty days thereafter.

(c) Requirements for release

The regulatory authority may release in whole or in part said

bond or deposit if the authority is satisfied the reclamation

covered by the bond or deposit or portion thereof has been

accomplished as required by this chapter according to the following

schedule:

(1) When the operator completes the backfilling, regrading, and

drainage control of a bonded area in accordance with his approved

reclamation plan, the release of 60 per centum of the bond or

collateral for the applicable permit area.

(2) After revegetation has been established on the regraded

mined lands in accordance with the approved reclamation plan.

When determining the amount of bond to be released after

successful revegetation has been established, the regulatory

authority shall retain that amount of bond for the revegetated

area which would be sufficient for a third party to cover the

cost of reestablishing revegetation and for the period specified

for operator responsibility in section 1265 of this title of

reestablishing revegetation. No part of the bond or deposit shall

be released under this paragraph so long as the lands to which

the release would be applicable are contributing suspended solids

to streamflow or runoff outside the permit area in excess of the

requirements set by section 1265(b)(10) of this title or until

soil productivity for prime farm lands has returned to equivalent

levels of yield as nonmined land of the same soil type in the

surrounding area under equivalent management practices as

determined from the soil survey performed pursuant to section

1257(b)(16) of this title. Where a silt dam is to be retained as

a permanent impoundment pursuant to section 1265(b)(8) of this

title, the portion of bond may be released under this paragraph

so long as provisions for sound future maintenance by the

operator or the landowner have been made with the regulatory

authority.

(3) When the operator has completed successfully all surface

coal mining and reclamation activities, the release of the

remaining portion of the bond, but not before the expiration of

the period specified for operator responsibility in section 1265

of this title: Provided, however, That no bond shall be fully

released until all reclamation requirements of this chapter are

fully met.

(d) Notice of disapproval

If the regulatory authority disapproves the application for

release of the bond or portion thereof, the authority shall notify

the permittee, in writing, stating the reasons for disapproval and

recommending corrective actions necessary to secure said release

and allowing opportunity for a public hearing.

(e) Notice to municipality

When any application for total or partial bond release is filed

with the regulatory authority, the regulatory authority shall

notify the municipality in which a surface coal mining operation is

located by certified mail at least thirty days prior to the release

of all or a portion of the bond.

(f) Objections to release; hearing

Any person with a valid legal interest which might be adversely

affected by release of the bond or the responsible officer or head

of any Federal, State, or local governmental agency which has

jurisdiction by law or special expertise with respect to any

environmental, social, or economic impact involved in the

operation, or is authorized to develop and enforce environmental

standards with respect to such operations shall have the right to

file written objections to the proposed release from bond to the

regulatory authority within thirty days after the last publication

of the above notice. If written objections are filed, and a hearing

requested, the regulatory authority shall inform all the interested

parties, of the time and place of the hearing, and hold a public

hearing in the locality of the surface coal mining operation

proposed for bond release within thirty days of the request for

such hearing. The date, time, and location of such public hearings

shall be advertised by the regulatory authority in a newspaper of

general circulation in the locality for two consecutive weeks, and

shall hold a public hearing in the locality of the surface coal

mining operation proposed for bond release or at the State capital

at the option of the objector, within thirty days of the request

for such hearing.

(g) Informal conference

Without prejudice to the rights of the objectors, the applicant,

or the responsibilities of the regulatory authority pursuant to

this section, the regulatory authority may establish an informal

conference as provided in section 1263 of this title to resolve

such written objections.

(h) Power of regulatory authority with respect to informal

conference

For the purpose of such hearing the regulatory authority shall

have the authority and is hereby empowered to administer oaths,

subpena witnesses, or written or printed materials, compel the

attendance of witnesses, or production of the materials, and take

evidence including but not limited to inspections of the land

affected and other surface coal mining operations carried on by the

applicant in the general vicinity. A verbatim record of each public

hearing required by this chapter shall be made, and a transcript

made available on the motion of any party or by order of the

regulatory authority.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 519, Aug. 3, 1977, 91 Stat. 501.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234, 1265, 1279, 1300 of

this title.

-End-

-CITE-

30 USC Sec. 1270 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1270. Citizens suits

-STATUTE-

(a) Civil action to compel compliance with this chapter

Except as provided in subsection (b) of this section, any person

having an interest which is or may be adversely affected may

commence a civil action on his own behalf to compel compliance with

this chapter -

(1) against the United States or any other governmental

instrumentality or agency to the extent permitted by the eleventh

amendment to the Constitution which is alleged to be in violation

of the provisions of this chapter or of any rule, regulation,

order or permit issued pursuant thereto, or against any other

person who is alleged to be in violation of any rule, regulation,

order or permit issued pursuant to this subchapter; or

(2) against the Secretary or the appropriate State regulatory

authority to the extent permitted by the eleventh amendment to

the Constitution where there is alleged a failure of the

Secretary or the appropriate State regulatory authority to

perform any act or duty under this chapter which is not

discretionary with the Secretary or with the appropriate State

regulatory authority.

The district courts shall have jurisdiction, without regard to the

amount in controversy or the citizenship of the parties.

(b) Limitation on bringing of action

No action may be commenced -

(1) under subsection (a)(1) of this section -

(A) prior to sixty days after the plaintiff has given notice

in writing of the violation (i) to the Secretary, (ii) to the

State in which the violation occurs, and (iii) to any alleged

violator; or

(B) if the Secretary or the State has commenced and is

diligently prosecuting a civil action in a court of the United

States or a State to require compliance with the provisions of

this chapter, or any rule, regulation, order, or permit issued

pursuant to this chapter, but in any such action in a court of

the United States any person may intervene as a matter of

right; or

(2) under subsection (a)(2) of this section prior to sixty days

after the plaintiff has given notice in writing of such action to

the Secretary, in such manner as the Secretary shall by

regulation prescribe, or to the appropriate State regulatory

authority, except that such action may be brought immediately

after such notification in the case where the violation or order

complained of constitutes an imminent threat to the health or

safety of the plaintiff or would immediately affect a legal

interest of the plaintiff.

(c) Venue; intervention

(1) Any action respecting a violation of this chapter or the

regulations thereunder may be brought only in the judicial district

in which the surface coal mining operation complained of is

located.

(2) In such action under this section, the Secretary, or the

State regulatory authority, if not a party, may intervene as a

matter of right.

(d) Costs; filing of bonds

The court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of

litigation (including attorney and expert witness fees) to any

party, whenever the court determines such award is appropriate. The

court may, if a temporary restraining order or preliminary

injunction is sought require the filing of a bond or equivalent

security in accordance with the Federal Rules of Civil Procedure.

(e) Effect on other enforcement methods

Nothing in this section shall restrict any right which any person

(or class of persons) may have under any statute or common law to

seek enforcement of any of the provisions of this chapter and the

regulations thereunder, or to seek any other relief (including

relief against the Secretary or the appropriate State regulatory

authority).

(f) Action for damages

Any person who is injured in his person or property through the

violation by any operator of any rule, regulation, order, or permit

issued pursuant to this chapter may bring an action for damages

(including reasonable attorney and expert witness fees) only in the

judicial district in which the surface coal mining operation

complained of is located. Nothing in this subsection shall affect

the rights established by or limits imposed under State Workmen's

Compensation laws.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 520, Aug. 3, 1977, 91 Stat. 503.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (d),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1276 of this title.

-End-

-CITE-

30 USC Sec. 1271 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1271. Enforcement

-STATUTE-

(a) Notice of violation; Federal inspection; waiver of notification

period; cessation order; affirmative obligation on operator;

suspension or revocation of permits; contents of notices and

orders

(1) Whenever, on the basis of any information available to him,

including receipt of information from any person, the Secretary has

reason to believe that any person is in violation of any

requirement of this chapter or any permit condition required by

this chapter, the Secretary shall notify the State regulatory

authority, if one exists, in the State in which such violation

exists. If no such State authority exists or the State regulatory

authority fails within ten days after notification to take

appropriate action to cause said violation to be corrected or to

show good cause for such failure and transmit notification of its

action to the Secretary, the Secretary shall immediately order

Federal inspection of the surface coal mining operation at which

the alleged violation is occurring unless the information available

to the Secretary is a result of a previous Federal inspection of

such surface coal mining operation. The ten-day notification period

shall be waived when the person informing the Secretary provides

adequate proof that an imminent danger of significant environmental

harm exists and that the State has failed to take appropriate

action. When the Federal inspection results from information

provided to the Secretary by any person, the Secretary shall notify

such person when the Federal inspection is proposed to be carried

out and such person shall be allowed to accompany the inspector

during the inspection.

(2) When, on the basis of any Federal inspection, the Secretary

or his authorized representative determines that any condition or

practices exist, or that any permittee is in violation of any

requirement of this chapter or any permit condition required by

this chapter, which condition, practice, or violation also creates

an imminent danger to the health or safety of the public, or is

causing, or can reasonably be expected to cause significant,

imminent environmental harm to land, air, or water resources, the

Secretary or his authorized representative shall immediately order

a cessation of surface coal mining and reclamation operations or

the portion thereof relevant to the condition, practice, or

violation. Such cessation order shall remain in effect until the

Secretary or his authorized representative determines that the

condition, practice, or violation has been abated, or until

modified, vacated, or terminated by the Secretary or his authorized

representative pursuant to paragraph (5) of this subsection. Where

the Secretary finds that the ordered cessation of surface coal

mining and reclamation operations, or any portion thereof, will not

completely abate the imminent danger to health or safety of the

public or the significant imminent environmental harm to land, air,

or water resources, the Secretary shall, in addition to the

cessation order, impose affirmative obligations on the operator

requiring him to take whatever steps the Secretary deems necessary

to abate the imminent danger or the significant environmental harm.

(3) When, on the basis of a Federal inspection which is carried

out during the enforcement of a Federal program or a Federal lands

program, Federal inspection pursuant to section 1252, or section

1254(b) of this title, or during Federal enforcement of a State

program in accordance with subsection (b) of this section, the

Secretary or his authorized representative determines that any

permittee is in violation of any requirement of this chapter or any

permit condition required by this chapter; but such violation does

not create an imminent danger to the health or safety of the

public, or cannot be reasonably expected to cause significant,

imminent environmental harm to land, air, or water resources, the

Secretary or authorized representative shall issue a notice to the

permittee or his agent fixing a reasonable time but not more than

ninety days for the abatement of the violation and providing

opportunity for public hearing.

If, upon expiration of the period of time as originally fixed or

subsequently extended, for good cause shown and upon the written

finding of the Secretary or his authorized representative, the

Secretary or his authorized representative finds that the violation

has not been abated, he shall immediately order a cessation of

surface coal mining and reclamation operations or the portion

thereof relevant to the violation. Such cessation order shall

remain in effect until the Secretary or his authorized

representative determines that the violation has been abated, or

until modified, vacated, or terminated by the Secretary or his

authorized representative pursuant to paragraph (5) of this

subsection. In the order of cessation issued by the Secretary under

this subsection, the Secretary shall determine the steps necessary

to abate the violation in the most expeditious manner possible, and

shall include the necessary measures in the order.

(4) When, on the basis of a Federal inspection which is carried

out during the enforcement of a Federal program or a Federal lands

program, Federal inspection pursuant to section 1252 or section

1254 of this title or during Federal enforcement of a State program

in accordance with subsection (b) of this section, the Secretary or

his authorized representative determines that a pattern of

violations of any requirements of this chapter or any permit

conditions required by this chapter exists or has existed, and if

the Secretary or his authorized representative also find that such

violations are caused by the unwarranted failure of the permittee

to comply with any requirements of this chapter or any permit

conditions, or that such violations are willfully caused by the

permittee, the Secretary or his authorized representative shall

forthwith issue an order to the permittee to show cause as to why

the permit should not be suspended or revoked and shall provide

opportunity for a public hearing. If a hearing is requested the

Secretary shall inform all interested parties of the time and place

of the hearing. Upon the permittee's failure to show cause as to

why the permit should not be suspended or revoked, the Secretary or

his authorized representative shall forthwith suspend or revoke the

permit.

(5) Notices and orders issued pursuant to this section shall set

forth with reasonable specificity the nature of the violation and

the remedial action required, the period of time established for

abatement, and a reasonable description of the portion of the

surface coal mining and reclamation operation to which the notice

or order applies. Each notice or order issued under this section

shall be given promptly to the permittee or his agent by the

Secretary or his authorized representative who issues such notice

or order, and all such notices and orders shall be in writing and

shall be signed by such authorized representatives. Any notice or

order issued pursuant to this section may be modified, vacated, or

terminated by the Secretary or his authorized representative. A

copy of any such order or notice shall be sent to the State

regulatory authority in the State in which the violation occurs:

Provided, That any notice or order issued pursuant to this section

which requires cessation of mining by the operator shall expire

within thirty days of actual notice to the operator unless a public

hearing is held at the site or within such reasonable proximity to

the site that any viewings of the site can be conducted during the

course of public hearing.

(b) Inadequate State enforcement; notice and hearing

Whenever on the basis of information available to him, the

Secretary has reason to believe that violations of all or any part

of an approved State program result from a failure of the State to

enforce such State program or any part thereof effectively, he

shall after public notice and notice to the State, hold a hearing

thereon in the State within thirty days of such notice. If as a

result of said hearing the Secretary finds that there are

violations and such violations result from a failure of the State

to enforce all or any part of the State program effectively, and if

he further finds that the State has not adequately demonstrated its

capability and intent to enforce such State program, he shall give

public notice of such finding. During the period beginning with

such public notice and ending when such State satisfies the

Secretary that it will enforce this chapter, the Secretary shall

enforce, in the manner provided by this chapter, any permit

condition required under this chapter, shall issue new or revised

permits in accordance with requirements of this chapter, and may

issue such notices and orders as are necessary for compliance

therewith: Provided, That in the case of a State permittee who has

met his obligations under such permit and who did not willfully

secure the issuance of such permit through fraud or collusion, the

Secretary shall give the permittee a reasonable time to conform

ongoing surface mining and reclamation to the requirements of this

chapter before suspending or revoking the State permit.

(c) Civil action for relief

The Secretary may request the Attorney General to institute a

civil action for relief, including a permanent or temporary

injunction, restraining order, or any other appropriate order in

the district court of the United States for the district in which

the surface coal mining and reclamation operation is located or in

which the permittee thereof has his principal office, whenever such

permittee or his agent (A) violates or fails or refuses to comply

with any order or decision issued by the Secretary under this

chapter, or (B) interferes with, hinders, or delays the Secretary

or his authorized representatives in carrying out the provisions of

this chapter, or (C) refuses to admit such authorized

representative to the mine, or (D) refuses to permit inspection of

the mine by such authorized representative, or (E) refuses to

furnish any information or report requested by the Secretary in

furtherance of the provisions of this chapter, or (F) refuses to

permit access to, and copying of, such records as the Secretary

determines necessary in carrying out the provisions of this

chapter. Such court shall have jurisdiction to provide such relief

as may be appropriate. Temporary restraining orders shall be issued

in accordance with rule 65 of the Federal Rules of Civil Procedure,

as amended. Any relief granted by the court to enforce an order

under clause (A) of this section shall continue in effect until the

completion or final termination of all proceedings for review of

such order under this subchapter, unless, prior thereto, the

district court granting such relief sets it aside or modifies it.

(d) Sanctions; effect on additional enforcement rights under State

law

As a condition of approval of any State program submitted

pursuant to section 1253 of this title, the enforcement provisions

thereof shall, at a minimum, incorporate sanctions no less

stringent than those set forth in this section, and shall contain

the same or similar procedural requirements relating thereto.

Nothing herein shall be construed so as to eliminate any additional

enforcement rights or procedures which are available under State

law to a State regulatory authority but which are not specifically

enumerated herein.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 521, Aug. 3, 1977, 91 Stat. 504.)

-REFTEXT-

REFERENCES IN TEXT

Rule 65 of the Federal Rules of Civil Procedure, referred to in

subsec. (c), is set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1253, 1254, 1268, 1275,

1276 of this title.

-End-

-CITE-

30 USC Sec. 1272 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1272. Designating areas unsuitable for surface coal mining

-STATUTE-

(a) Establishment of State planning process; standards; State

process requirements; integration with present and future land

use planning and regulation processes; savings provisions

(1) To be eligible to assume primary regulatory authority

pursuant to section 1253 of this title, each State shall establish

a planning process enabling objective decisions based upon

competent and scientifically sound data and information as to

which, if any, land areas of a State are unsuitable for all or

certain types of surface coal mining operations pursuant to the

standards set forth in paragraphs (2) and (3) of this subsection

but such designation shall not prevent the mineral exploration

pursuant to the chapter of any area so designated.

(2) Upon petition pursuant to subsection (c) of this section, the

State regulatory authority shall designate an area as unsuitable

for all or certain types of surface coal mining operations if the

State regulatory authority determines that reclamation pursuant to

the requirements of this chapter is not technologically and

economically feasible.

(3) Upon petition pursuant to subsection (c) of this section, a

surface area may be designated unsuitable for certain types of

surface coal mining operations if such operations will -

(A) be incompatible with existing State or local land use plans

or programs; or

(B) affect fragile or historic lands in which such operations

could result in significant damage to important historic,

cultural, scientific, and esthetic values and natural systems; or

(C) affect renewable resource lands in which such operations

could result in a substantial loss or reduction of long-range

productivity of water supply or of food or fiber products, and

such lands to include aquifers and aquifer recharge areas; or

(D) affect natural hazard lands in which such operations could

substantially endanger life and property, such lands to include

areas subject to frequent flooding and areas of unstable geology.

(4) To comply with this section, a State must demonstrate it has

developed or is developing a process which includes -

(A) a State agency responsible for surface coal mining lands

review;

(B) a data base and an inventory system which will permit

proper evaluation of the capacity of different land areas of the

State to support and permit reclamation of surface coal mining

operations;

(C) a method or methods for implementing land use planning

decisions concerning surface coal mining operations; and

(D) proper notice, opportunities for public participation,

including a public hearing prior to making any designation or

redesignation, pursuant to this section.

(5) Determinations of the unsuitability of land for surface coal

mining, as provided for in this section, shall be integrated as

closely as possible with present and future land use planning and

regulation processes at the Federal, State, and local levels.

(6) The requirements of this section shall not apply to lands on

which surface coal mining operations are being conducted on August

3, 1977, or under a permit issued pursuant to this chapter, or

where substantial legal and financial commitments in such operation

were in existence prior to January 4, 1977.

(b) Review of Federal lands

The Secretary shall conduct a review of the Federal lands to

determine, pursuant to the standards set forth in paragraphs (2)

and (3) of subsection (a) of this section, whether there are areas

on Federal lands which are unsuitable for all or certain types of

surface coal mining operations: Provided, however, That the

Secretary may permit surface coal mining on Federal lands prior to

the completion of this review. When the Secretary determines an

area on Federal lands to be unsuitable for all or certain types of

surface coal mining operations, he shall withdraw such area or

condition any mineral leasing or mineral entries in a manner so as

to limit surface coal mining operations on such area. Where a

Federal program has been implemented in a State pursuant to section

1254 of this title, the Secretary shall implement a process for

designation of areas unsuitable for surface coal mining for

non-Federal lands within such State and such process shall

incorporate the standards and procedures of this section. Prior to

designating Federal lands unsuitable for such mining, the Secretary

shall consult with the appropriate State and local agencies.

(c) Petition; intervention; decision

Any person having an interest which is or may be adversely

affected shall have the right to petition the regulatory authority

to have an area designated as unsuitable for surface coal mining

operations, or to have such a designation terminated. Such a

petition shall contain allegations of facts with supporting

evidence which would tend to establish the allegations. Within ten

months after receipt of the petition the regulatory authority shall

hold a public hearing in the locality of the affected area, after

appropriate notice and publication of the date, time, and location

of such hearing. After a person having an interest which is or may

be adversely affected has filed a petition and before the hearing,

as required by this subsection, any person may intervene by filing

allegations of facts with supporting evidence which would tend to

establish the allegations. Within sixty days after such hearing,

the regulatory authority shall issue and furnish to the petitioner

and any other party to the hearing, a written decision regarding

the petition, and the reasons therefore.(!1) In the event that all

the petitioners stipulate agreement prior to the requested hearing,

and withdraw their request, such hearing need not be held.

(d) Statement

Prior to designating any land areas as unsuitable for surface

coal mining operations, the regulatory authority shall prepare a

detailed statement on (i) the potential coal resources of the area,

(ii) the demand for coal resources, and (iii) the impact of such

designation on the environment, the economy, and the supply of

coal.

(e) Prohibition on certain Federal public and private surface coal

mining operations

After August 3, 1977, and subject to valid existing rights no

surface coal mining operations except those which exist on August

3, 1977, shall be permitted -

(1) on any lands within the boundaries of units of the National

Park System, the National Wildlife Refuge Systems, the National

System of Trails, the National Wilderness Preservation System,

the Wild and Scenic Rivers System, including study rivers

designated under section 1276(a) of title 16 and National

Recreation Areas designated by Act of Congress;

(2) on any Federal lands within the boundaries of any national

forest: Provided, however, That surface coal mining operations

may be permitted on such lands if the Secretary finds that there

are no significant recreational, timber, economic, or other

values which may be incompatible with such surface mining

operations and -

(A) surface operations and impacts are incident to an

underground coal mine; or

(B) where the Secretary of Agriculture determines, with

respect to lands which do not have significant forest cover

within those national forests west of the 100th meridian, that

surface mining is in compliance with the Multiple-Use

Sustained-Yield Act of 1960 [16 U.S.C. 528-531], the Federal

Coal Leasing Amendments Act of 1975, the National Forest

Management Act of 1976, and the provisions of this chapter: And

provided further, That no surface coal mining operations may be

permitted within the boundaries of the Custer National Forest;

(3) which will adversely affect any publicly owned park or

places included in the National Register of Historic Sites unless

approved jointly by the regulatory authority and the Federal,

State, or local agency with jurisdiction over the park or the

historic site;

(4) within one hundred feet of the outside right-of-way line of

any public road, except where mine access roads or haulage roads

join such right-of-way line and except that the regulatory

authority may permit such roads to be relocated or the area

affected to lie within one hundred feet of such road, if after

public notice and opportunity for public hearing in the locality

a written finding is made that the interests of the public and

the landowners affected thereby will be protected; or

(5) within three hundred feet from any occupied dwelling,

unless waived by the owner thereof, nor within three hundred feet

of any public building, school, church, community, or

institutional building, public park, or within one hundred feet

of a cemetery.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 522, Aug. 3, 1977, 91 Stat. 507.)

-REFTEXT-

REFERENCES IN TEXT

The Multiple-Use Sustained-Yield Act of 1960, referred to in

subsec. (e)(2)(B), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215,

as amended, which is classified generally to sections 528 to 531 of

Title 16, Conservation. For complete classification of this Act to

the Code, see Short Title note set out under section 528 of Title

16 and Tables.

The Federal Coal Leasing Amendments Act of 1975, referred to in

subsec. (e)(2)(B), is Pub. L. 94-377, Aug. 4, 1976, 90 Stat. 1083,

which was redesignated the Federal Coal Leasing Amendments Act of

1976 by Pub. L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075, and

which enacted sections 202a, 208-1, and 208-2 of this title,

amended sections 184, 191, 201, 203, 207, 209, and 352 of this

title, repealed sections 201-1 and 204 of this title, and enacted

provisions set out as notes under sections 181, 184, 201, 201-1,

203, and 204 of this title. For complete classification of this Act

to the Code, see Short Title of 1976 Amendment note set out under

section 181 of this title and Tables.

The National Forest Management Act of 1976, referred to in

subsec. (e)(2)(B), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949,

as amended, which enacted sections 472a, 521b, 1600, and 1611 to

1614 of Title 16, Conservation, amended sections 500, 515, 516,

518, 576b, 581h, and 1601 to 1610 of Title 16, repealed sections

476, 513, and 514 of Title 16, enacted provisions set out as notes

under sections 476, 513, 528, 594-2, and 1600 of Title 16. For

complete classification of this Act to the Code, see Short Title of

1976 Amendment note set out under section 1600 of Title 16 and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1211, 1253, 1254, 1260,

1273 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "therefor."

-End-

-CITE-

30 USC Sec. 1273 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1273. Federal lands

-STATUTE-

(a) Promulgation and implementation of Federal lands program

No later than one year after August 3, 1977, the Secretary shall

promulgate and implement a Federal lands program which shall be

applicable to all surface coal mining and reclamation operations

taking place pursuant to any Federal law on any Federal lands:

Provided, That except as provided in section 1300 of this title the

provisions of this chapter shall not be applicable to Indian lands.

The Federal lands program shall, at a minimum, incorporate all of

the requirements of this chapter and shall take into consideration

the diverse physical, climatological, and other unique

characteristics of the Federal lands in question. Where Federal

lands in a State with an approved State program are involved, the

Federal lands program shall, at a minimum, include the requirements

of the approved State program: Provided, That the Secretary shall

retain his duties under sections 201(a), (2)(B) (!1) and 201(a)(3)

of this title, and shall continue to be responsible for designation

of Federal lands as unsuitable for mining in accordance with

section 1272(b) of this title.

(b) Incorporation of requirements into any lease, permit, or

contract issued by Secretary which may involve surface coal

mining and reclamation operations

The requirements of this chapter and the Federal lands program or

an approved State program for State regulation of surface coal

mining on Federal lands under subsection (c) of this section,

whichever is applicable, shall be incorporated by reference or

otherwise in any Federal mineral lease, permit, or contract issued

by the Secretary which may involve surface coal mining and

reclamation operations. Incorporation of such requirements shall

not, however, limit in any way the authority of the Secretary to

subsequently issue new regulations, revise the Federal lands

program to deal with changing conditions or changed technology, and

to require any surface mining and reclamation operations to conform

with the requirements of this chapter and the regulations issued

pursuant to this chapter.

(c) State cooperative agreements

Any State with an approved State program may elect to enter into

a cooperative agreement with the Secretary to provide for State

regulation of surface coal mining and reclamation operations on

Federal lands within the State, provided the Secretary determines

in writing that such State has the necessary personnel and funding

to fully implement such a cooperative agreement in accordance with

the provision of this chapter. States with cooperative agreements

existing on August 3, 1977, may elect to continue regulation on

Federal lands within the State, prior to approval by the Secretary

of their State program, or imposition of a Federal program,

provided that such existing cooperative agreement is modified to

fully comply with the initial regulatory procedures set forth in

section 1252 of this title. Nothing in this subsection shall be

construed as authorizing the Secretary to delegate to the States

his duty to approve mining plans on Federal lands, to designate

certain Federal lands as unsuitable for surface coal mining

pursuant to section 1272 of this title, or to regulate other

activities taking place on Federal lands.

(d) Development of program to assure no unreasonable denial to any

class of coal purchasers

The Secretary shall develop a program to assure that with respect

to the granting of permits, leases, or contracts for coal owned by

the United States, that no class of purchasers of the mined coal

shall be unreasonably denied purchase thereof.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 523, Aug. 3, 1977, 91 Stat. 510.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1253, 1276, 1291, 1292,

1295, 1302 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "201(a)(2)(B)".

-End-

-CITE-

30 USC Sec. 1274 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1274. Public agencies, public utilities, and public

corporations

-STATUTE-

Any agency, unit, or instrumentality of Federal, State, or local

government, including any publicly owned utility or publicly owned

corporation of Federal, State, or local government, which proposes

to engage in surface coal mining operations which are subject to

the requirements of this chapter shall comply with the provisions

of this subchapter.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 524, Aug. 3, 1977, 91 Stat. 511.)

-End-

-CITE-

30 USC Sec. 1275 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1275. Review by Secretary

-STATUTE-

(a) Application for review of order or notice; investigation;

hearing; notice

(1) A permittee issued a notice or order by the Secretary

pursuant to the provisions of paragraphs (2) and (3) of subsection

(a) of section 1271 of this title, or pursuant to a Federal program

or the Federal lands program or any person having an interest which

is or may be adversely affected by such notice or order or by any

modification, vacation, or termination of such notice or order, may

apply to the Secretary for review of the notice or order within

thirty days of receipt thereof or within thirty days of its

modification, vacation, or termination. Upon receipt of such

application, the Secretary shall cause such investigation to be

made as he deems appropriate. Such investigation shall provide an

opportunity for a public hearing, at the request of the applicant

or the person having an interest which is or may be adversely

affected, to enable the applicant or such person to present

information relating to the issuance and continuance of such notice

or order or the modification, vacation, or termination thereof. The

filing of an application for review under this subsection shall not

operate as a stay of any order or notice.

(2) The permittee and other interested persons shall be given

written notice of the time and place of the hearing at least five

days prior thereto. Any such hearing shall be of record and shall

be subject to section 554 of title 5.

(b) Findings of fact; issuance of decision

Upon receiving the report of such investigation, the Secretary

shall make findings of fact, and shall issue a written decision,

incorporating therein an order vacating, affirming, modifying, or

terminating the notice or order, or the modification, vacation, or

termination of such notice or order complained of and incorporate

his findings therein. Where the application for review concerns an

order for cessation of surface coal mining and reclamation

operations issued pursuant to the provisions of paragraph (2) or

(3) of subsection (a) of section 1271 of this title, the Secretary

shall issue the written decision within thirty days of the receipt

of the application for review, unless temporary relief has been

granted by the Secretary pursuant to subsection (c) of this section

or by the court pursuant to subsection (c) of section 1276 of this

title.

(c) Temporary relief; issuance of order or decision granting or

denying relief

Pending completion of the investigation and hearing required by

this section, the applicant may file with the Secretary a written

request that the Secretary grant temporary relief from any notice

or order issued under section 1271 of this title, a Federal program

or the Federal lands program together with a detailed statement

giving reasons for granting such relief. The Secretary shall issue

an order or decision granting or denying such relief expeditiously:

Provided, That where the applicant requests relief from an order

for cessation of coal mining and reclamation operations issued

pursuant to paragraph (2) or (3) of subsection (a) of section 1271

of this title, the order or decision on such a request shall be

issued within five days of its receipt. The Secretary may grant

such relief, under such conditions as he may prescribe, if -

(1) a hearing has been held in the locality of the permit area

on the request for temporary relief in which all parties were

given an opportunity to be heard;

(2) the applicant shows that there is substantial likelihood

that the findings of the Secretary will be favorable to him; and

(3) such relief will not adversely affect the health or safety

of the public or cause significant, imminent environmental harm

to land, air, or water resources.

(d) Notice and hearing with respect to section 1271 order to show

cause

Following the issuance of an order to show cause as to why a

permit should not be suspended or revoked pursuant to section 1271

of this title, the Secretary shall hold a public hearing after

giving written notice of the time, place, and date thereof. Any

such hearing shall be of record and shall be subject to section 554

of title 5. Within sixty days following the public hearing, the

Secretary shall issue and furnish to the permittee and all other

parties to the hearing a written decision, and the reasons

therefor, concerning suspension or revocation of the permit. If the

Secretary revokes the permit, the permittee shall immediately cease

surface coal mining operations on the permit area and shall

complete reclamation within a period specified by the Secretary, or

the Secretary shall declare as forfeited the performance bonds for

the operation.

(e) Costs

Whenever an order is issued under this section, or as a result of

any administrative proceeding under this chapter, at the request of

any person, a sum equal to the aggregate amount of all costs and

expenses (including attorney fees) as determined by the Secretary

to have been reasonably incurred by such person for or in

connection with his participation in such proceedings, including

any judicial review of agency actions, may be assessed against

either party as the court, resulting from judicial review or the

Secretary, resulting from administrative proceedings, deems proper.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 525, Aug. 3, 1977, 91 Stat. 511.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1268, 1276 of this title.

-End-

-CITE-

30 USC Sec. 1276 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1276. Judicial review

-STATUTE-

(a) Review by United States District Court; venue; filing of

petition; time

(1) Any action of the Secretary to approve or disapprove a State

program or to prepare or promulgate a Federal program pursuant to

this chapter shall be subject to judicial review by the United

States District Court for the District which includes the capital

of the State whose program is at issue. Any action by the Secretary

promulgating national rules or regulations including standards

pursuant to sections 1251, 1265, 1266, and 1273 of this title shall

be subject to judicial review in the United States District Court

for the District of Columbia Circuit. Any other action constituting

rulemaking by the Secretary shall be subject to judicial review

only by the United States District Court for the District in which

the surface coal mining operation is located. Any action subject to

judicial review under this subsection shall be affirmed unless the

court concludes that such action is arbitrary, capricious, or

otherwise inconsistent with law. A petition for review of any

action subject to judicial review under this subsection shall be

filed in the appropriate Court within sixty days from the date of

such action, or after such date if the petition is based solely on

grounds arising after the sixtieth day. Any such petition may be

made by any person who participated in the administrative

proceedings and who is aggrieved by the action of the Secretary.

(2) Any order or decision issued by the Secretary in a civil

penalty proceeding or any other proceeding required to be conducted

pursuant to section 554 of title 5 shall be subject to judicial

review on or before 30 days from the date of such order or decision

in accordance with subsection (b) of this section in the United

States District Court for the district in which the surface coal

mining operation is located. In the case of a proceeding to review

an order or decision issued by the Secretary under the penalty

section of this chapter, the court shall have jurisdiction to enter

an order requiring payment of any civil penalty assessment enforced

by its judgment. This availability of review established in this

subsection shall not be construed to limit the operations of rights

established in section 1270 of this title.

(b) Evidence; conclusiveness of findings; orders

The court shall hear such petition or complaint solely on the

record made before the Secretary. Except as provided in subsection

(a) of this section, the findings of the Secretary if supported by

substantial evidence on the record considered as a whole, shall be

conclusive. The court may affirm, vacate, or modify any order or

decision or may remand the proceedings to the Secretary for such

further action as it may direct.

(c) Temporary relief; prerequisites

In the case of a proceeding to review any order or decision

issued by the Secretary under this chapter, including an order or

decision issued pursuant to subsection (c) or (d) of section 1275

of this title pertaining to any order issued under paragraph (2),

(3), or (4) of subsection (a) of section 1271 of this title for

cessation of coal mining and reclamation operations, the court may,

under such conditions as it may prescribe, grant such temporary

relief as it deems appropriate pending final determination of the

proceedings if -

(1) all parties to the proceedings have been notified and given

an opportunity to be heard on a request for temporary relief;

(2) the person requesting such relief shows that there is a

substantial likelihood that he will prevail on the merits of the

final determination of the proceeding; and

(3) such relief will not adversely affect the public health or

safety or cause significant imminent environmental harm to land,

air, or water resources.

(d) Stay of action, order, or decision of Secretary

The commencement of a proceeding under this section shall not,

unless specifically ordered by the court, operate as a stay of the

action, order, or decision of the Secretary.

(e) Action of State regulatory authority

Action of the State regulatory authority pursuant to an approved

State program shall be subject to judicial review by a court of

competent jurisdiction in accordance with State law, but the

availability of such review shall not be construed to limit the

operation of the rights established in section 1270 of this title

except as provided therein.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 526, Aug. 3, 1977, 91 Stat. 512.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1264, 1268, 1275 of this

title.

-End-

-CITE-

30 USC Sec. 1277 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1277. Special bituminous coal mines

-STATUTE-

(a) Issuance of separate regulations; criteria

The regulatory authority is authorized to issue separate

regulations for those special bituminous coal surface mines located

west of the 100th meridian west longitude which meet the following

criteria:

(1) the excavation of the specific mine pit takes place on the

same relatively limited site for an extended period of time;

(2) the excavation of the specific mine pit follows a coal seam

having an inclination of fifteen degrees or more from the

horizontal, and continues in the same area proceeding downward

with lateral expansion of the pit necessary to maintain stability

or as necessary to accommodate the orderly expansion of the total

mining operation;

(3) the excavation of the specific mine pit involves the mining

of more than one coal seam and mining has been initiated on the

deepest coal seam contemplated to be mined in the current

operation;

(4) the amount of material removed is large in proportion to

the surface area disturbed;

(5) there is no practicable alternative method of mining the

coal involved;

(6) there is no practicable method to reclaim the land in the

manner required by this chapter; and

(7) the specific mine pit has been actually producing coal

since January 1, 1972, in such manner as to meet the criteria set

forth in this section, and, because of past duration of mining,

is substantially committed to a mode of operation which warrants

exceptions to some provisions of this subchapter.

(b) New bituminous coal surface mines

Such separate regulations shall also contain a distinct part to

cover and pertain to new bituminous coal surface mines which may be

developed after August 3, 1977, on lands immediately adjacent to

lands upon which are located special bituminous mines existing on

January 1, 1972. Such new mines shall meet the criteria of

subsection (a) of this section except for paragraphs (3) and (7),

and all requirements of State law, notwithstanding in whole or part

the regulations issued pursuant to subsection (c) of this section.

In the event of an amendment or revision to the State's regulatory

program, regulations, or decisions made thereunder governing such

mines, the Secretary shall issue such additional regulations as

necessary to meet the purposes of this chapter.

(c) Scope of alternative regulations

Such alternative regulations may pertain only to the standards

governing onsite handling of spoils, elimination of depressions

capable of collecting water, creation of impoundments, and

regrading to the approximate original contour and shall specify

that remaining highwalls are stable. All other performance

standards in this subchapter shall apply to such mines.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 527, Aug. 3, 1977, 91 Stat. 513.)

-End-

-CITE-

30 USC Sec. 1278 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1278. Surface mining operations not subject to this chapter

-STATUTE-

The provisions of this chapter shall not apply to any of the

following activities:

(1) the extraction of coal by a landowner for his own

noncommercial use from land owned or leased by him; and

(2) the extraction of coal as an incidental part of Federal,

State or local government-financed highway or other construction

under regulations established by the regulatory authority.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 528, Aug. 3, 1977, 91 Stat. 514; Pub.

L. 100-34, title II, Sec. 201(a), May 7, 1987, 101 Stat. 300.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-34 inserted "and" after "him;" in par. (1),

redesignated par. (3) as (2), and struck out former par. (2) which

read as follows: "the extraction of coal for commercial purposes

where the surface mining operation affects two acres or less; and".

EFFECTIVE DATE OF 1987 AMENDMENT

Section 201(b)-(e) of Pub. L. 100-34 provided that:

"(b) Effective Date for New Operations. - The amendments made by

this section [amending this section] shall take effect on the date

30 days after the enactment of this Act [May 7, 1987] with respect

to each operator commencing surface coal mining operations on or

after such date.

"(c) Effective Date for Existing Operations. - The amendments

made by this section shall take effect on the date 6 months after

the enactment of this Act with respect to each operator commencing

surface coal mining operations pursuant to an authorization under

State law before the date 30 days after the enactment of this Act.

Nothing in this Act [amending this section and section 1232 of this

title] shall preclude reclamation activities pursuant to State law

or regulations at the site of any surface coal mine which was

exempt from the Surface Mining Control and Reclamation Act of 1977

[30 U.S.C. 1201 et seq.] under section 528(2) of that Act [30

U.S.C. 1278(2)], as in effect before the enactment of this Act.

"(d) Effect on State Law. - To the extent that any provision of a

State law, or of a State regulation, adopted pursuant to the

exception under section 528(2) of the Surface Mining Control and

Reclamation Act of 1977 as in effect before the enactment of this

Act, is inconsistent with the amendments made by this section, such

provision shall be of no further force and effect after the

effective date of such amendments.

"(e) Definition. - For purposes of this section, the term

'surface coal mining operations' has the meaning provided by

section 701(28) of the Surface Mining Control and Reclamation Act

of 1977 [30 U.S.C. 1291(28)]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 468.

-End-

-CITE-

30 USC Sec. 1279 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL

MINING

-HEAD-

Sec. 1279. Anthracite coal mines

-STATUTE-

(a) The Secretary is authorized to and shall issue separate

regulations according to time schedules established in this chapter

for anthracite coal surface mines, if such mines are regulated by

environmental protection standards of the State in which they are

located. Such alternative regulations shall adopt, in each

instance, the environmental protection provisions of the State

regulatory program in existence on August 3, 1977, in lieu of

sections 1265 and 1266 of this title. Provisions of sections 1259

and 1269 of this title are applicable except for specified bond

limits and period of revegetation responsibility. All other

provisions of this chapter apply and the regulation issued by the

Secretary of Interior for each State anthracite regulatory program

shall so reflect: Provided, however, That upon amendment of a

State's regulatory program for anthracite mining or regulations

thereunder in force in lieu of the above-cited sections of this

chapter, the Secretary shall issue such additional regulations as

necessary to meet the purposes of this chapter.

(b) Omitted.

-SOURCE-

(Pub. L. 95-87, title V, Sec. 529, Aug. 3, 1977, 91 Stat. 514.)

-COD-

CODIFICATION

Subsec. (b) of this section, which required the Secretary of the

Interior to report to Congress biennially on the effectiveness of

State anthracite regulatory programs operating in conjunction with

this chapter with respect to protecting the environment,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, page 109 of House Document

No. 103-7.

-End-

-CITE-

30 USC SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE

FOR NONCOAL MINING 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-HEAD-

SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-End-

-CITE-

30 USC Sec. 1281 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-HEAD-

Sec. 1281. Designation procedures

-STATUTE-

(a) Review of Federal land areas for unsuitability for noncoal

mining

With respect to Federal lands within any State, the Secretary of

Interior may, and if so requested by the Governor of such State

shall, review any area within such lands to assess whether it may

be unsuitable for mining operations for minerals or materials other

than coal, pursuant to the criteria and procedures of this section.

(b) Criteria considered in determining designations

An area of Federal land may be designated under this section as

unsuitable for mining operations if (1) such area consists of

Federal land of a predominantly urban or suburban character, used

primarily for residential or related purposes, the mineral estate

of which remains in the public domain, or (2) such area consists of

Federal land where mining operations would have an adverse impact

on lands used primarily for residential or related purposes.

(c) Petition for exclusion; contents; hearing; temporary land

withdrawal

Any person having an interest which is or may be adversely

affected shall have the right to petition the Secretary to seek

exclusion of an area from mining operations pursuant to this

section or the redesignation of an area or part thereof as suitable

for such operations. Such petition shall contain allegations of

fact with supporting evidence which would tend to substantiate the

allegations. The petitioner shall be granted a hearing within a

reasonable time and finding with reasons therefor upon the matter

of their petition. In any instance where a Governor requests the

Secretary to review an area, or where the Secretary finds the

national interest so requires, the Secretary may temporarily

withdraw the area to be reviewed from mineral entry or leasing

pending such review: Provided, however, That such temporary

withdrawal be ended as promptly as practicable and in no event

shall exceed two years.

(d) Limitation on designations; rights preservation; regulations

In no event is a land area to be designated unsuitable for mining

operations under this section on which mining operations are being

conducted prior to the holding of a hearing on such petition in

accordance with subsection (c) of this section. Valid existing

rights shall be preserved and not affected by such designation.

Designation of an area as unsuitable for mining operations under

this section shall not prevent subsequent mineral exploration of

such area, except that such exploration shall require the prior

written consent of the holder of the surface estate, which consent

shall be filed with the Secretary. The Secretary may promulgate,

with respect to any designated area, regulations to minimize any

adverse effects of such exploration.

(e) Statement

Prior to any designation pursuant to this section, the Secretary

shall prepare a detailed statement on (i) the potential mineral

resources of the area, (ii) the demand for such mineral resources,

and (iii) the impact of such designation or the absence of such

designation on the environment, economy, and the supply of such

mineral resources.

(f) Area withdrawal

When the Secretary designates an area of Federal lands as

unsuitable for all or certain types of mining operations for

minerals and materials other than coal pursuant to this section he

may withdraw such area from mineral entry or leasing, or condition

such entry or leasing so as to limit such mining operations in

accordance with his determination, if the Secretary also

determines, based on his analysis pursuant to subsection (e) of

this section, that the benefits resulting from such designation

would be greater than the benefits to the regional or national

economy which could result from mineral development of such area.

(g) Right to appeal

Any party with a valid legal interest who has appeared in the

proceedings in connection with the Secretary's determination

pursuant to this section and who is aggrieved by the Secretary's

decision (or by his failure to act within a reasonable time) shall

have the right of appeal for review by the United States district

court for the district in which the pertinent area is located.

-SOURCE-

(Pub. L. 95-87, title VI, Sec. 601, Aug. 3, 1977, 91 Stat. 515.)

-End-

-CITE-

30 USC SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS

PROVISIONS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1253 of this title.

-End-

-CITE-

30 USC Sec. 1291 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1291. Definitions

-STATUTE-

For the purposes of this chapter -

(1) "alluvial valley floors" means the unconsolidated stream

laid deposits holding streams where water availability is

sufficient for subirrigation or flood irrigation agricultural

activities but does not include upland areas which are generally

overlain by a thin veneer of colluvial deposits composed chiefly

of debris from sheet erosion, deposits by unconcentrated runoff

or slope wash, together with talus, other mass movement

accumulation and windblown deposits;

(2) "approximate original contour" means that surface

configuration achieved by backfilling and grading of the mined

area so that the reclaimed area, including any terracing or

access roads, closely resembles the general surface configuration

of the land prior to mining and blends into and complements the

drainage pattern of the surrounding terrain, with all highwalls

and spoil piles eliminated; water impoundments may be permitted

where the regulatory authority determines that they are in

compliance with section 1265(b)(8) of this title;

(3) "commerce" means trade, traffic, commerce, transportation,

transmission, or communication among the several States, or

between a State and any other place outside thereof, or between

points in the same State which directly or indirectly affect

interstate commerce;

(4) "Federal lands" means any land, including mineral

interests, owned by the United States without regard to how the

United States acquired ownership of the land and without regard

to the agency having responsibility for management thereof,

except Indian lands: Provided, That for the purposes of this

chapter lands or mineral interests east of the one hundredth

meridian west longitude owned by the United States and entrusted

to or managed by the Tennessee Valley Authority shall not be

subject to sections 1304 (Surface Owner Protection) and 1305

(Federal Lessee Protection) of this title.(!1)

(5) "Federal lands program" means a program established by the

Secretary pursuant to section 1273 of this title to regulate

surface coal mining and reclamation operations on Federal lands;

(6) "Federal program" means a program established by the

Secretary pursuant to section 1254 of this title to regulate

surface coal mining and reclamation operations on lands within a

State in accordance with the requirements of this chapter;

(7) "fund" means the Abandoned Mine Reclamation Fund

established pursuant to section 1231 of this title;

(8) "imminent danger to the health and safety of the public"

means the existence of any condition or practice, or any

violation of a permit or other requirement of this chapter in a

surface coal mining and reclamation operation, which condition,

practice, or violation could reasonably be expected to cause

substantial physical harm to persons outside the permit area

before such condition, practice, or violation can be abated. A

reasonable expectation of death or serious injury before

abatement exists if a rational person, subjected to the same

conditions or practices giving rise to the peril, would not

expose himself or herself to the danger during the time necessary

for abatement;

(9) "Indian lands" means all lands, including mineral

interests, within the exterior boundaries of any Federal Indian

reservation, notwithstanding the issuance of any patent, and

including rights-of-way, and all lands including mineral

interests held in trust for or supervised by an Indian tribe;

(10) "Indian tribe" means any Indian tribe, band, group, or

community having a governing body recognized by the Secretary;

(11) "lands within any State" or "lands within such State"

means all lands within a State other than Federal lands and

Indian lands;

(12) "Office" means the Office of Surface Mining Reclamation

and Enforcement established pursuant to subchapter II of this

chapter;

(13) "operator" means any person, partnership, or corporation

engaged in coal mining who removes or intends to remove more than

two hundred and fifty tons of coal from the earth by coal mining

within twelve consecutive calendar months in any one location;

(14) "other minerals" means clay, stone, sand, gravel,

metalliferous and nonmetalliferous ores, and any other solid

material or substances of commercial value excavated in solid

form from natural deposits on or in the earth, exclusive of coal

and those minerals which occur naturally in liquid or gaseous

form;

(15) "permit" means a permit to conduct surface coal mining and

reclamation operations issued by the State regulatory authority

pursuant to a State program or by the Secretary pursuant to a

Federal program;

(16) "permit applicant" or "applicant" means a person applying

for a permit;

(17) "permit area" means the area of land indicated on the

approved map submitted by the operator with his application,

which area of land shall be covered by the operator's bond as

required by section 1259 of this title and shall be readily

identifiable by appropriate markers on the site;

(18) "permittee" means a person holding a permit;

(19) "person" means an individual, partnership, association,

society, joint stock company, firm, company, corporation, or

other business organization;

(20) the term "prime farmland" shall have the same meaning as

that previously prescribed by the Secretary of Agriculture on the

basis of such factors as moisture availability, temperature

regime, chemical balance, permeability, surface layer

composition, susceptibility to flooding, and erosion

characteristics, and which historically have been used for

intensive agricultural purposes, and as published in the Federal

Register.(!2)

(21) "reclamation plan" means a plan submitted by an applicant

for a permit under a State program or Federal program which sets

forth a plan for reclamation of the proposed surface coal mining

operations pursuant to section 1258 of this title;

(22) "regulatory authority" means the State regulatory

authority where the State is administering this chapter under an

approved State program or the Secretary where the Secretary is

administering this chapter under a Federal program;

(23) "Secretary" means the Secretary of the Interior, except

where otherwise described;

(24) "State" means a State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

American Samoa, and Guam;

(25) "State program" means a program established by a State

pursuant to section 1253 of this title to regulate surface coal

mining and reclamation operations, on lands within such State in

accord with the requirements of this chapter and regulations

issued by the Secretary pursuant to this chapter;

(26) "State regulatory authority" means the department or

agency in each State which has primary responsibility at the

State level for administering this chapter;

(27) "surface coal mining and reclamation operations" means

surface mining operations and all activities necessary and

incident to the reclamation of such operations after August 3,

1977;

(28) "surface coal mining operations" means -

(A) activities conducted on the surface of lands in

connection with a surface coal mine or subject to the

requirements of section 1266 of this title surface operations

and surface impacts incident to an underground coal mine, the

products of which enter commerce or the operations of which

directly or indirectly affect interstate commerce. Such

activities include excavation for the purpose of obtaining coal

including such common methods as contour, strip, auger,

mountaintop removal, box cut, open pit, and area mining, the

uses of explosives and blasting, and in situ distillation or

retorting, leaching or other chemical or physical processing,

and the cleaning, concentrating, or other processing or

preparation, loading of coal for interstate commerce at or near

the mine site: Provided, however, That such activities do not

include the extraction of coal incidental to the extraction of

other minerals where coal does not exceed 16 2/3 per centum of

the tonnage of minerals removed for purposes of commercial use

or sale or coal explorations subject to section 1262 of this

title; and

(B) the areas upon which such activities occur or where such

activities disturb the natural land surface. Such areas shall

also include any adjacent land the use of which is incidental

to any such activities, all lands affected by the construction

of new roads or the improvement or use of existing roads to

gain access to the site of such activities and for haulage, and

excavations, workings, impoundments, dams, ventilation shafts,

entryways, refuse banks, dumps, stockpiles, overburden piles,

spoil banks, culm banks, tailings, holes or depressions, repair

areas, storage areas, processing areas, shipping areas and

other areas upon which are sited structures, facilities, or

other property or materials on the surface, resulting from or

incident to such activities; and (!3)

(29) "unwarranted failure to comply" means the failure of a

permittee to prevent the occurrence of any violation of his

permit or any requirement of this chapter due to indifference,

lack of diligence, or lack of reasonable care, or the failure to

abate any violation of such permit or the chapter due to

indifference, lack of diligence, or lack of reasonable care;

(30) "lignite coal" means consolidated lignitic coal having

less than 8,300 British thermal units per pound, moist and

mineral matter free;

(31) the term "coal laboratory", as used in subchapter VIII of

this chapter, means a university coal research laboratory

established and operated pursuant to a designation made under

section 1311 of this title;

(32) the term "institution of higher education" as used in

subchapters VIII and IX of this chapter, means any such

institution as defined by section 1001 of title 20;

(33) the term "unanticipated event or condition" as used in

section 1260(e) of this title means an event or condition

encountered in a remining operation that was not contemplated by

the applicable surface coal mining and reclamation permit; and

(34) the term "lands eligible for remining" means those lands

that would otherwise be eligible for expenditures under section

1234 of this title or under section 1232(g)(4) of this title.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 701, Aug. 5, 1977, 91 Stat. 516;

Pub. L. 102-486, title XXV, Sec. 2503(c), Oct. 24, 1992, 106 Stat.

3103; Pub. L. 105-244, title I, Sec. 102(a)(10), Oct. 7, 1998, 112

Stat. 1620.)

-MISC1-

AMENDMENTS

1998 - Par. (32). Pub. L. 105-244 substituted "section 1001" for

"section 1141(a)".

1992 - Pars. (33), (34). Pub. L. 102-486 added pars. (33) and

(34).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1252 of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

(!2) So in original. The period probably should be a semicolon.

(!3) So in original. The word "and" probably should not appear.

-End-

-CITE-

30 USC Sec. 1292 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1292. Other Federal laws

-STATUTE-

(a) Construction of chapter as superseding, amending, modifying, or

repealing certain laws

Nothing in this chapter shall be construed as superseding,

amending, modifying, or repealing the Mining and Minerals Policy

Act of 1970 (30 U.S.C. 21a), the National Environmental Policy Act

of 1969 (42 U.S.C. 4321-47), or any of the following Acts or with

any rule or regulation promulgated thereunder, including, but not

limited to -

(1) The Federal Metal and Nonmetallic Mine Safety Act (30

U.S.C. 721-740).

(2) The Federal Coal Mine Health and Safety Act of 1969 (83

Stat. 742) [30 U.S.C. 801 et seq.].

(3) The Federal Water Pollution Control Act (79 Stat. 903), as

amended [33 U.S.C. 1251 et seq.], the State laws enacted pursuant

thereto, or other Federal laws relating to preservation of water

quality.

(4) The Clean Air Act, as amended [42 U.S.C. 7401 et seq.].

(5) The Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].

(6) The Refuse Act of 1899 (33 U.S.C. 407).

(7) The Fish and Wildlife Coordination Act of 1934 (16 U.S.C.

661-666c).

(8) The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181

et seq.).

(b) Effect on authority of Secretary or heads of other Federal

agencies

Nothing in this chapter shall affect in any way the authority of

the Secretary or the heads of other Federal agencies under other

provisions of law to include in any lease, license, permit,

contract, or other instrument such conditions as may be appropriate

to regulate surface coal mining and reclamation operations on land

under their jurisdiction.

(c) Cooperation

To the greatest extent practicable each Federal agency shall

cooperate with the Secretary and the States in carrying out the

provisions of this chapter.

(d) Major Federal action

Approval of the State programs, pursuant to section 1253(b) of

this title, promulgation of Federal programs, pursuant to section

1254 of this title, and implementation of the Federal lands

programs, pursuant to section 1273 of this title, shall not

constitute a major action within the meaning of section 102(2)(C)

of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

Adoption of regulations under section 1251(b) of this title shall

constitute a major action within the meaning of section 102(2)(C)

of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 702, Aug. 3, 1977, 91 Stat. 519.)

-REFTEXT-

REFERENCES IN TEXT

The Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a),

referred to in subsec. (a), is Pub. L. 91-631, Dec. 31, 1970, 84

Stat. 1876, which enacted section 21a of this title and provisions

set out as a note under section 21a of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 21a of this title and Tables.

The National Environmental Policy Act of 1969 (42 U.S.C.

4321-47), referred to in subsec. (a), is Pub. L. 91-190, Jan. 1,

1970, 83 Stat. 852, as amended, which is classified generally to

chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 4321 of Title 42 and Tables.

The Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C.

721-740), referred to in subsec. (a)(1), is Pub. L. 89-577, Sept.

16, 1966, 80 Stat. 772, which was classified generally to chapter

21 (Sec. 721 et seq.) of this title and was repealed by Pub. L.

95-164, title III, Sec. 306(a), Nov. 9, 1977, 91 Stat. 1322.

The Federal Coal Mine Health and Safety Act of 1969 (83 Stat.

742), referred to in subsec. (a)(2), is Pub. L. 91-173, Dec. 30,

1969, 83 Stat. 742, as amended, which was redesignated the Federal

Mine Safety and Health Act of 1977 by Pub. L. 95-164, title I, Sec.

101, Nov. 9, 1977, 91 Stat. 1290, and is classified principally to

chapter 22 (Sec. 801 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of this title and Tables.

The Federal Water Pollution Control Act (79 Stat. 903), referred

to in subsec. (a)(3), is act June 30, 1948, ch. 758, 62 Stat. 1155,

as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86

Stat. 816, which is classified generally to chapter 26 (Sec. 1251

et seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1251 of Title 33 and Tables.

The Clean Air Act, referred to in subsec. (a)(4), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

The Solid Waste Disposal Act (42 U.S.C. 3251-3259), referred to

in subsec. (a)(5), is title II of Pub. L. 89-272, Oct. 20, 1965, 79

Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21,

1976, 90 Stat. 2795, which is classified generally to chapter 82

(Sec. 6901 et seq.) of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under section

6901 of Title 42 and Tables.

The Refuse Act of 1899 (33 U.S.C. 407), referred to in subsec.

(a)(6), probably means act Mar. 3, 1899, ch. 425, Sec. 13, 30 Stat.

1152, which enacted section 407 of Title 33, Navigation and

Navigable Waters.

The Fish and Wildlife Coordination Act of 1934 (16 U.S.C.

661-666c), referred to in subsec. (a)(7), is act Mar. 10, 1934, ch.

55, 48 Stat. 401, as amended, known as the Fish and Wildlife

Coordination Act, which is classified generally to sections 661 to

666c of Title 16, Conservation. For complete classification of this

Act to the Code, see Short Title note set out under section 661 of

Title 16 and Tables.

The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et

seq.), referred to in subsec. (a)(8), is act Feb. 25, 1920, ch. 85,

41 Stat. 437, as amended, known as the Mineral Leasing Act, which

is classified generally to chapter 3A (Sec. 181 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 181 of this title and

Tables.

-End-

-CITE-

30 USC Sec. 1293 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1293. Employee protection

-STATUTE-

(a) Retaliatory practices prohibited

No person shall discharge, or in any other way discriminate

against, or cause to be fired or discriminated against, any

employee or any authorized representative of employees by reason of

the fact that such employee or representative has filed,

instituted, or caused to be filed or instituted any proceeding

under this chapter, or has testified or is about to testify in any

proceeding resulting from the administration or enforcement of the

provisions of this chapter.

(b) Review by Secretary; investigation; notice; hearing; findings

of fact; judicial review

Any employee or a representative of employees who believes that

he has been fired or otherwise discriminated against by any person

in violation of subsection (a) of this section may, within thirty

days after such alleged violation occurs, apply to the Secretary

for a review of such firing or alleged discrimination. A copy of

the application shall be sent to the person or operator who will be

the respondent. Upon receipt of such application, the Secretary

shall cause such investigation to be made as he deems appropriate.

Such investigation shall provide an opportunity for a public

hearing at the request of any party to such review to enable the

parties to present information relating to the alleged violation.

The parties shall be given written notice of the time and place of

the hearing at least five days prior to the hearing. Any such

hearing shall be of record and shall be subject to section 554 of

title 5. Upon receiving the report of such investigation the

Secretary shall make findings of fact. If he finds that a violation

did occur, he shall issue a decision incorporating therein his

findings and an order requiring the party committing the violation

to take such affirmative action to abate the violation as the

Secretary deems appropriate, including, but not limited to, the

rehiring or reinstatement of the employee or representative of

employees to his former position with compensation. If he finds

that there was no violation, he will issue a finding. Orders issued

by the Secretary under this subsection shall be subject to judicial

review in the same manner as orders and decisions of the Secretary

are subject to judicial review under this chapter.

(c) Costs

Whenever an order is issued under this section to abate any

violation, at the request of the applicant a sum equal to the

aggregate amount of all costs and expenses (including attorneys'

fees) to have been reasonably incurred by the applicant for, or in

connection with, the institution and prosecution of such

proceedings, shall be assessed against the persons committing the

violation.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 703, Aug. 3, 1977, 91 Stat. 520.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1268 of this title.

-End-

-CITE-

30 USC Sec. 1294 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1294. Penalty

-STATUTE-

Any person who shall, except as permitted by law, willfully

resist, prevent, impede, or interfere with the Secretary or any of

his agents in the performance of duties pursuant to this chapter

shall be punished by a fine of not more than $5,000 or by

imprisonment for not more than one year, or both.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 704, Aug. 3, 1977, 91 Stat. 520.)

-COD-

CODIFICATION

Section 704 of Pub. L. 95-87 also amended section 1114 of Title

18, Crimes and Criminal Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1268 of this title.

-End-

-CITE-

30 USC Sec. 1295 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1295. Grants to States

-STATUTE-

(a) Assisting any State in development, administration, and

enforcement of State programs under this chapter

The Secretary is authorized to make annual grants to any State

for the purpose of assisting such State in developing,

administering, and enforcing State programs under this chapter.

Except as provided in subsection (c) of this section, such grants

shall not exceed 80 per centum of the total costs incurred during

the first year, 60 per centum of total costs incurred during the

second year, and 50 per centum of the total costs incurred during

each year thereafter.

(b) Assisting any State in development, administration, and

enforcement of its State programs

The Secretary is authorized to cooperate with and provide

assistance to any State for the purpose of assisting it in the

development, administration, and enforcement of its State programs.

Such cooperation and assistance shall include -

(1) technical assistance and training including provision of

necessary curricular and instruction materials, in the

development, administration, and enforcement of the State

programs; and

(2) assistance in preparing and maintaining a continuing

inventory of information on surface coal mining and reclamation

operations for each State for the purposes of evaluating the

effectiveness of the State programs. Such assistance shall

include all Federal departments and agencies making available

data relevant to surface coal mining and reclamation operations

and to the development, administration, and enforcement of State

programs concerning such operations.

(c) Increases in annual grants

If, in accordance with section 1273(d) of this title, a State

elects to regulate surface coal mining and reclamation operations

on Federal lands, the Secretary may increase the amount of the

annual grants under subsection (a) of this section by an amount

which he determines is approximately equal to the amount the

Federal Government would have expended for such regulation if the

State had not made such election.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 705, Aug. 3, 1977, 91 Stat. 520.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1302 of this title.

-End-

-CITE-

30 USC Sec. 1296 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1296. Annual report to President and Congress

-STATUTE-

The Secretary shall submit annually to the President and the

Congress a report concerning activities conducted by him, the

Federal Government, and the States pursuant to this chapter. Among

other matters, the Secretary shall include in such report

recommendations for additional administrative or legislative action

as he deems necessary and desirable to accomplish the purposes of

this chapter.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 706, Aug. 3, 1977, 91 Stat. 521.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to requirement to submit a report annually to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 109 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1211, 1267 of this title.

-End-

-CITE-

30 USC Sec. 1297 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1297. Separability

-STATUTE-

If any provision of this chapter or the applicability thereof to

any person or circumstances is held invalid, the remainder of this

chapter and the application of such provision to other persons or

circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 707, Aug. 3, 1977, 91 Stat. 521.)

-End-

-CITE-

30 USC Sec. 1298 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1298. Alaskan surface coal mine study

-STATUTE-

(a) Contract with National Academy of Sciences-National Academy of

Engineering

The Secretary is directed to contract to such extent or in such

amounts as are provided in advance in appropriation Acts with the

National Academy of Sciences-National Academy of Engineering for an

in-depth study of surface coal mining conditions in the State of

Alaska in order to determine which, if any, of the provisions of

this chapter should be modified with respect to surface coal mining

operations in Alaska.

(b) Report to President and Congress

The Secretary shall report on the findings of the study to the

President and Congress no later than two years after August 3,

1977.

(c) Draft of legislation

The Secretary shall include in his report a draft of legislation

to implement any changes recommended to this chapter.

(d) Modification of applicability of environmental protection

provisions of this chapter to surface coal mining operations in

Alaska; publication in Federal Register; hearing

Until one year after the Secretary has made this report to the

President and Congress, or three years after August 3, 1977,

whichever comes first, the Secretary is authorized to modify the

applicability of any environmental protection provision of this

chapter, or any regulation issued pursuant thereto, to any surface

coal mining operation in Alaska from which coal has been mined

during the year preceding August 3, 1977, if he determines that it

is necessary to insure the continued operation of such surface coal

mining operation. The Secretary may exercise this authority only

after he has (1) published notice of proposed modification in the

Federal Register and in a newspaper of general circulation in the

area of Alaska in which the affected surface coal mining operation

is located, and (2) held a public hearing on the proposed

modification in Alaska.

(e) Interim regulations

In order to allow new mines in Alaska to continue orderly

development, the Secretary is authorized to issue interim

regulations pursuant to section 1251(b) of this title including

those modifications to the environmental standards as required

based on the special physical, hydrological and climatic conditions

in Alaska but with the purpose of protecting the environment to an

extent equivalent to those standards for the other coal regions.

(f) Authorization of appropriations

There is authorized to be appropriated for the purpose of this

section $250,000: Provided, That no new budget authority is

authorized to be appropriated for fiscal year 1977.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 708, Aug. 3, 1977, 91 Stat. 521.)

-End-

-CITE-

30 USC Sec. 1299 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1299. Study of reclamation standards for surface mining of

other minerals

-STATUTE-

(a) Contract with National Academy of Sciences-National Academy of

Engineering; requirements

The Chairman of the Council on Environmental Quality is directed

to contract to such extent or in such amounts as are provided in

appropriation Acts with the National Academy of Sciences-National

Academy of Engineering, other Government agencies or private groups

as appropriate, for an in-depth study of current and developing

technology for surface and open pit mining and reclamation for

minerals other than coal designed to assist in the establishment of

effective and reasonable regulation of surface and open pit mining

and reclamation for minerals other than coal. The study shall -

(1) assess the degree to which the requirements of this chapter

can be met by such technology and the costs involved;

(2) identify areas where the requirements of this chapter

cannot be met by current and developing technology;

(3) in those instances describe requirements most comparable to

those of this chapter which could be met, the costs involved, and

the differences in reclamation results between these requirements

and those of this chapter; and

(4) discuss alternative regulatory mechanisms designed to

insure the achievement of the most beneficial postmining land use

for areas affected by surface and open pit mining.

(b) Submittal of study with legislative recommendation to President

and Congress

The study together with specific legislative recommendations

shall be submitted to the President and the Congress no later than

eighteen months after August 3, 1977: Provided, That, with respect

to surface or open pit mining for sand and gravel the study shall

be submitted no later than twelve months after August 3, 1977:

Provided further, That with respect to mining for oil shale and tar

sands that a preliminary report shall be submitted no later than

twelve months after August 3, 1977.

(c) Authorization of appropriations

There are authorized to be appropriated for the purpose of this

section $500,000: Provided, That no new budget authority is

authorized to be appropriated for fiscal year 1977.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 709, Aug. 3, 1977, 91 Stat. 522.)

-End-

-CITE-

30 USC Sec. 1300 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1300. Indian lands

-STATUTE-

(a) Study of regulation of surface mining; consultation with tribe;

proposed legislation

The Secretary is directed to study the question of the regulation

of surface mining on Indian lands which will achieve the purpose of

this chapter and recognize the special jurisdictional status of

these lands. In carrying out this study the Secretary shall consult

with Indian tribes. The study report shall include proposed

legislation designed to allow Indian tribes to elect to assume full

regulatory authority over the administration and enforcement of

regulation of surface mining of coal on Indian lands.

(b) Submittal of study to Congress

The study report required by subsection (a) of this section

together with drafts of proposed legislation and the view of each

Indian tribe which would be affected shall be submitted to the

Congress as soon as possible but not later than January 1, 1978.

(c) Compliance with interim environmental protection standards of

this chapter

On and after one hundred and thirty-five days from August 3,

1977, all surface coal mining operations on Indian lands shall

comply with requirements at least as stringent as those imposed by

subsections (b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(19), and

(d) of section 1265 of this title and the Secretary shall

incorporate the requirements of such provisions in all existing and

new leases issued for coal on Indian lands.

(d) Compliance with permanent environmental protection standards of

this chapter

On and after thirty months from August 3, 1977, all surface coal

mining operations on Indian lands shall comply with requirements at

least as stringent as those imposed by sections 1257, 1258, 1259,

1260, 1265, 1266, 1267, and 1269 of this title and the Secretary

shall incorporate the requirements of such provisions in all

existing and new leases issued for coal on Indian lands.

(e) Inclusion and enforcement of terms and conditions of leases

With respect to leases issued after August 3, 1977, the Secretary

shall include and enforce terms and conditions in addition to those

required by subsections (c) and (d) of this section as may be

requested by the Indian tribe in such leases.

(f) Approval of changes in terms and conditions of leases

Any change required by subsection (c) or (d) of this section in

the terms and conditions of any coal lease on Indian lands existing

on August 3, 1977, shall require the approval of the Secretary.

(g) Participation of tribes

The Secretary shall provide for adequate participation by the

various Indian tribes affected in the study authorized in this

section and not more than $700,000 of the funds authorized in

section 1302(a) of this title shall be reserved for this purpose.

(h) Jurisdictional status

The Secretary shall analyze and make recommendations regarding

the jurisdictional status of Indian Lands (!1) outside the exterior

boundaries of Indian reservations: Provided, That nothing in this

chapter shall change the existing jurisdictional status of Indian

Lands.(!1)

(i) Grants

The Secretary shall make grants to the Navajo, Hopi, Northern

Cheyenne, and Crow tribes to assist such tribes in developing

regulations and programs for regulating surface coal mining and

reclamation operations on Indian lands, except that nothing in this

subsection may be construed as providing such tribes with the

authorities set forth under section 1253 of this title. Grants made

under this subsection shall be used to establish an office of

surface mining regulation for each such tribe. Each such office

shall -

(1) develop tribal regulations and program policies with

respect to surface mining;

(2) assist the Office of Surface Mining Reclamation and

Enforcement established by section 1211 of this title in the

inspection and enforcement of surface mining activities on Indian

lands, including, but not limited to, permitting, mine plan

review, and bond release; and

(3) sponsor employment training and education in the area of

mining and mineral resources.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 710, Aug. 3, 1977, 91 Stat. 523;

Pub. L. 102-486, title XXV, Sec. 2514, Oct. 24, 1992, 106 Stat.

3112.)

-MISC1-

AMENDMENTS

1992 - Subsec. (i). Pub. L. 102-486 added subsec. (i).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1273, 1302 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "lands".

-End-

-CITE-

30 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1301. Environmental practices

-STATUTE-

In order to encourage advances in mining and reclamation

practices or to allow post-mining land use for industrial,

commercial, residential, or public use (including recreational

facilities), the regulatory authority with approval by the

Secretary may authorize departures in individual cases on an

experimental basis from the environmental protection performance

standards promulgated under sections 1265 and 1266 of this title.

Such departures may be authorized if (i) the experimental practices

are potentially more or at least as environmentally protective,

during and after mining operations, as those required by

promulgated standards; (ii) the mining operations approved for

particular land-use or other purposes are not larger or more

numerous than necessary to determine the effectiveness and economic

feasibility of the experimental practices; and (iii) the

experimental practices do not reduce the protection afforded public

health and safety below that provided by promulgated standards.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 711, Aug. 3, 1977, 91 Stat. 523.)

-End-

-CITE-

30 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1302. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Secretary for the

purposes of this chapter the following sums; and all such funds

appropriated shall remain available until expended:

(a) For the implementation and funding of sections 1252, 1273,

and 1300 of this title, there are authorized to be appropriated to

the Secretary of the Interior the sum of $10,000,000 for the fiscal

year ending September 30, 1978, $25,000,000 for each of the two

succeeding fiscal years, and in such fiscal years such additional

amounts as may be necessary for increases in salary, pay,

retirement, other employee benefits authorized by law, and other

nondiscretionary costs.

(b) For the implementation and funding of section 1257(c) of this

title, see the provisions of section 1231(c)(11) of this title.

(c) For the implementation and funding of section 1295 of this

title and for the administrative and other purposes of this

chapter, except as otherwise provided for in this chapter,

authorization is provided for the sum of $20,000,000 for the fiscal

year ending September 30, 1978, and $30,000,000 for each of the two

succeeding fiscal years and such funds that are required

thereafter.

(d) In order that the implementation of the requirements of this

chapter may be initiated in a timely and orderly manner, the

Secretary is authorized, subject to the approval of the

appropriation Committees of the House and of the Senate, to utilize

not to exceed $2,000,000 of the appropriations otherwise available

to him for the fiscal year ending September 30, 1977, for the

administration and other purposes of this chapter.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 712, Aug. 3, 1977, 91 Stat. 524;

Pub. L. 95-343, Sec. 1, Aug. 11, 1978, 92 Stat. 473; Pub. L.

101-508, title VI, Sec. 6012(b), Nov. 5, 1990, 104 Stat. 1388-298.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-508 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "For

the implementation and funding of section 1257(c) of this title

there are authorized to be appropriated sums reserved by section

1231(b)(1) of this title for the purposes of section 1257(c) of

this title and such additional sums as may be necessary (i) for the

fiscal year ending September 30, 1978, to provide an amount not to

exceed $10,000,000 to carry out the purposes of section 1257(c) of

this title and (ii) for the fiscal years ending September 30, 1979,

and September 30, 1980, to provide an amount not to exceed

$25,000,000 to carry out the purposes of section 1257(c) of this

title."

1978 - Subsec. (a). Pub. L. 95-343, Sec. 1(1), increased

authorization from $10,000,000 to $25,000,000 for each of the two

succeeding fiscal years, and inserted provisions authorizing such

necessary additional amounts for increases in salary, etc.

Subsec. (b). Pub. L. 95-343, Sec. 1(2), substituted provisions

authorizing appropriations of not to exceed $10,000,000 for fiscal

year ending Sept. 30, 1978, and not to exceed $25,000,000 for each

of fiscal years ending Sept. 30, 1979, and 1980, for provisions

authorizing appropriations of not to exceed $10,000,000 and such

additional amounts as are necessary for fiscal year ending Sept.

30, 1978, and for each fiscal year for a period of fifteen fiscal

years thereafter.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508, effective Oct. 1, 1991, see section

6014 of Pub. L. 101-508 set out as a note under section 1231 of

this title.

CREDITING PERFORMANCE BOND FORFEITURES

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,

112 Stat. 2681-231, 2681-244, provided in part that:

"Notwithstanding 31 U.S.C. 3302, an additional amount shall be

credited to this account, to remain available until expended, from

performance bond forfeitures in fiscal year 1999 and thereafter."

COST-BASED FEES FOR PRODUCTS OF MINE MAP REPOSITORY

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,

112 Stat. 2681-231, 2681-244, provided in part that: "Beginning in

fiscal year 1999 and thereafter, cost-based fees for the products

of the Mine Map Repository shall be established (and revised as

needed) in Federal Register Notices, and shall be collected and

credited to this account, to be available until expended for the

costs of administering this program."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1252, 1300 of this title.

-End-

-CITE-

30 USC Sec. 1303 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1303. Coordination of regulatory and inspection activities

-STATUTE-

(a) The President shall, to the extent appropriate, and in

keeping with the particular enforcement requirements of each Act

referred to herein, insure the coordination of regulatory and

inspection activities among the departments, agencies, and

instrumentalities to which such activities are assigned by this

chapter, by the Clean Air Act [42 U.S.C. 7401 et seq.], by the

Water Pollution Control Act [33 U.S.C. 1251 et seq.], by the

Department of Energy Organization Act [42 U.S.C. 7101 et seq.], and

by existing or subsequently enacted Federal mine safety and health

laws, except that no such coordination shall be required with

respect to mine safety and health inspections, advance notice of

which is or may be prohibited by existing or subsequently enacted

Federal mine safety and health laws.

(b) The President may execute the coordination required by this

section by means of an Executive order, or by any other mechanism

he determines to be appropriate.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 713, Aug. 3, 1977, 91 Stat. 524.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (a), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

The Water Pollution Control Act, referred to in subsec. (a),

probably means act June 30, 1948, ch. 758, 62 Stat. 1155, known as

the Federal Water Pollution Control Act, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

The Department of Energy Organization Act, referred to in subsec.

(a), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,

which is classified principally to chapter 84 (Sec. 7101 et seq.)

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of Title 42 and Tables.

-End-

-CITE-

30 USC Sec. 1304 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1304. Surface owner protection

-STATUTE-

(a) Applicability

The provisions of this section shall apply where coal owned by

the United States under land the surface rights to which are owned

by a surface owner as defined in this section is to be mined by

methods other than underground mining techniques.

(b) Lease of coal deposits governed by section 201 of this title

Any coal deposits subject to this section shall be offered for

lease pursuant to section 201(a) of this title.

(c) Consent to lease by surface owner

The Secretary shall not enter into any lease of Federal coal

deposits until the surface owner has given written consent to enter

and commence surface mining operations and the Secretary has

obtained evidence of such consent. Valid written consent given by

any surface owner prior to August 3, 1977, shall be deemed

sufficient for the purposes of complying with this section.

(d) Preferences

In order to minimize disturbance to surface owners from surface

coal mining of Federal coal deposits and to assist in the

preparation of comprehensive land-use plans required by section

201(a) of this title, the Secretary shall consult with any surface

owner whose land is proposed to be included in a leasing tract and

shall ask the surface owner to state his preference for or against

the offering of the deposit under his land for lease. The Secretary

shall, in his discretion but to the maximum extent practicable,

refrain from leasing coal deposits for development by methods other

than underground mining techniques in those areas where a

significant number of surface owners have stated a preference

against the offering of the deposits for lease.

(e) "Surface owner" defined

For the purpose of this section the term "surface owner" means

the natural person or persons (or corporation, the majority stock

of which is held by a person or persons who meet the other

requirements of this section) who -

(1) hold legal or equitable title to the land surface;

(2) have their principal place of residence on the land; or

personally conduct farming or ranching operations upon a farm or

ranch unit to be affected by surface coal mining operations; or

receive directly a significant portion of their income, if any,

from such farming or ranching operations; and

(3) have met the conditions of paragraphs (1) and (2) for a

period of at least three years prior to the granting of the

consent.

In computing the three-year period the Secretary may include

periods during which title was owned by a relative of such person

by blood or marriage during which period such relative would have

met the requirements of this subsection.

(f) Exception

This section shall not apply to Indian lands.

(g) Effect on property rights of United States or any other

landowner

Nothing in this section shall be construed as increasing or

diminishing any property rights by the United States or by any

other landowner.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 714, Aug. 3, 1977, 91 Stat. 524.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1291 of this title.

-End-

-CITE-

30 USC Sec. 1305 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1305. Federal lessee protection

-STATUTE-

In those instances where the coal proposed to be mined by surface

coal mining operations is owned by the Federal Government and the

surface is subject to a lease or a permit issued by the Federal

Government, the application for a permit shall include either:

(1) the written consent of the permittee or lessee of the

surface lands involved to enter and commence surface coal mining

operations on such land, or in lieu thereof;

(2) evidence of the execution of a bond or undertaking to the

United States or the State, whichever is applicable, for the use

and benefit of the permittee or lessee of the surface lands

involved to secure payment of any damages to the surface estate

which the operations will cause to the crops, or to the tangible

improvements of the permittee or lessee of the surface lands as

may be determined by the parties involved, or as determined and

fixed in an action brought against the operator or upon the bond

in a court of competent jurisdiction. This bond is in addition to

the performance bond required for reclamation under this chapter.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 715, Aug. 3, 1977, 91 Stat. 525.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1291 of this title.

-End-

-CITE-

30 USC Sec. 1306 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1306. Effect on rights of owner of coal in Alaska to conduct

surface mining operations

-STATUTE-

Nothing in this chapter shall be construed as increasing or

diminishing the rights of any owner of coal in Alaska to conduct or

authorize surface coal mining operations for coal which has been or

is hereafter conveyed out of Federal ownership to the State of

Alaska or pursuant to the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.]: Provided, That such surface coal mining

operations meet the requirements of this chapter.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 716, Aug. 3, 1977, 91 Stat. 526.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,

Public Lands. For complete classification of this Act to the Code,

see Short Title note set out under section 1601 of Title 43 and

Tables.

-End-

-CITE-

30 USC Sec. 1307 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1307. Water rights and replacement

-STATUTE-

(a) Nothing in this chapter shall be construed as affecting in

any way the right of any person to enforce or protect, under

applicable law, his interest in water resources affected by a

surface coal mining operation.

(b) The operator of a surface coal mine shall replace the water

supply of an owner of interest in real property who obtains all or

part of his supply of water for domestic, agricultural, industrial,

or other legitimate use from an underground or surface source where

such supply has been affected by contamination, diminution, or

interruption proximately resulting from such surface coal mine

operation.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 717, Aug. 3, 1977, 91 Stat. 526.)

-End-

-CITE-

30 USC Sec. 1308 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1308. Advance appropriations

-STATUTE-

Notwithstanding any other provision of this chapter, no authority

to make payments under this chapter shall be effective except to

such extent or in such amounts as are provided in advance in

appropriation Acts.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 718, Aug. 3, 1977, 91 Stat. 526.)

-End-

-CITE-

30 USC Sec. 1309 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1309. Certification and training of blasters

-STATUTE-

In accordance with this chapter, the Secretary of the Interior

(or the approved State regulatory authority as provided for in

section 1253 of this title) shall promulgate regulations requiring

the training, examination, and certification of persons engaging in

or directly responsible for blasting or use of explosives in

surface coal mining operations.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 719, Aug. 3, 1977, 91 Stat. 526.)

-End-

-CITE-

30 USC Sec. 1309a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1309a. Subsidence

-STATUTE-

(a) Requirements

Underground coal mining operations conducted after October 24,

1992, shall comply with each of the following requirements:

(1) Promptly repair, or compensate for, material damage

resulting from subsidence caused to any occupied residential

dwelling and structures related thereto, or non-commercial

building due to underground coal mining operations. Repair of

damage shall include rehabilitation, restoration, or replacement

of the damaged occupied residential dwelling and structures

related thereto, or non-commercial building. Compensation shall

be provided to the owner of the damaged occupied residential

dwelling and structures related thereto or non-commercial

building and shall be in the full amount of the diminution in

value resulting from the subsidence. Compensation may be

accomplished by the purchase, prior to mining, of a

noncancellable premium-prepaid insurance policy.

(2) Promptly replace any drinking, domestic, or residential

water supply from a well or spring in existence prior to the

application for a surface coal mining and reclamation permit,

which has been affected by contamination, diminution, or

interruption resulting from underground coal mining operations.

Nothing in this section shall be construed to prohibit or interrupt

underground coal mining operations.

(b) Regulations

Within one year after October 24, 1992, the Secretary shall,

after providing notice and opportunity for public comment,

promulgate final regulations to implement subsection (a) of this

section.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 720, as added Pub. L. 102-486,

title XXV, Sec. 2504(a)(1), Oct. 24, 1992, 106 Stat. 3104.)

-MISC1-

REVIEW OF EXISTING REQUIREMENTS AND REPORT TO CONGRESS

Section 2504(a)(2) of Pub. L. 102-486 directed Secretary of the

Interior to review existing requirements related to underground

coal mine subsidence and natural gas and petroleum pipeline safety,

submit a report detailing results of review to Committee on Energy

and Natural Resources of Senate and Committee on Interior and

Insular Affairs of House of Representatives within 18 months of

Oct. 24, 1992, and, where appropriate, to commence a rulemaking to

address any deficiencies in existing law determined in the review

regarding notification, coordination and mitigation.

-End-

-CITE-

30 USC Sec. 1309b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1309b. Research

-STATUTE-

The Office of Surface Mining Reclamation and Enforcement is

authorized to conduct studies, research and demonstration projects

relating to the implementation of, and compliance with, subchapter

V of this chapter, and provide technical assistance to states (!1)

for that purpose. Prior to approving any such studies, research or

demonstration projects the Director, Office of Surface Mining

Reclamation and Enforcement, shall first consult with the Director,

Bureau of Mines, and obtain a determination from such Director that

the Bureau of Mines is not already conducting like or similar

studies, research or demonstration projects. Studies, research and

demonstration projects for the purposes of subchapter IV of this

chapter shall only be conducted in accordance with section

1231(c)(6) of this title.

-SOURCE-

(Pub. L. 95-87, title VII, Sec. 721, as added Pub. L. 102-486,

title XXV, Sec. 2504(c)(3), Oct. 24, 1992, 106 Stat. 3105.)

-CHANGE-

CHANGE OF NAME

Bureau of Mines redesignated United States Bureau of Mines by

section 10(b) of Pub. L. 102-285, set out as a note under section 1

of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

30 USC SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH

LABORATORIES 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1291 of this title.

-End-

-CITE-

30 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-

Sec. 1311. Establishment of university coal research laboratories

-STATUTE-

(a) Designation by Secretary of Energy

The Secretary of Energy, after consultation with the National

Academy of Engineering, shall designate thirteen institutions of

higher education at which university coal research laboratories

will be established and operated. Ten such designations shall be

made as provided in subsection (e) of this section and the

remaining three shall be made in fiscal year 1980.

(b) Criteria

In making designations under this section, the Secretary of

Energy shall consider the following criteria:

(1) Those ten institutions of higher education designated as

provided in subsection (e) of this section shall be located in a

State with abundant coal reserves.

(2) The institution of higher education shall have experience

in coal research, expertise in several areas of coal research,

and potential or currently active, outstanding programs in coal

research.

(3) The institution of higher education has the capacity to

establish and operate the coal laboratories to be assisted under

this subchapter.

(c) Location of coal laboratories

Not more than one coal laboratory established pursuant to this

subchapter shall be located in a single State and at least one coal

laboratory shall be established within each of the major coal

provinces recognized by the United States Bureau of Mines,

including Alaska.

(d) Period for submission of applications for designation; contents

The Secretary of Energy shall establish a period, not in excess

of ninety days after August 3, 1977, for the submission of

applications for designation under this section. Any institution of

higher education desiring to be designated under this subchapter

shall submit an application to the Secretary of Energy in such

form, at such time, and containing or accompanied by such

information as the Secretary of Energy may reasonably require. Each

application shall -

(1) describe the facilities to be established for coal energy

resources and conversion research and research on related

environmental problems including facilities for interdisciplinary

academic research projects by the combined efforts of specialists

such as mining engineers, mineral engineers, geochemists,

mineralogists, mineral economists, fuel scientists, combustion

engineers, mineral preparation engineers, coal petrographers,

geologists, chemical engineers, civil engineers, mechanical

engineers, and ecologists;

(2) set forth a program for the establishment of a test

laboratory for coal characterization which, in addition, may be

used as a site for the exchange of coal research activities by

representatives of private industry engaged in coal research and

characterization;

(3) set forth a program for providing research and development

activities for students engaged in advanced study in any

discipline which is related to the development of adequate energy

supplies in the United States. The research laboratory shall be

associated with an ongoing educational and research program on

extraction and utilization of coal.

(e) Time limit

The Secretary of Energy shall designate the ten institutions of

higher education under this section not later than ninety days

after the date on which such applications are to be submitted.

-SOURCE-

(Pub. L. 95-87, title VIII, Sec. 801, Aug. 3, 1977, 91 Stat. 526;

Pub. L. 95-617, title VI, Sec. 604(a), (c), Nov. 9, 1978, 92 Stat.

3166, 3167; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat.

172.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-617, Sec. 604(a), substituted "The

Secretary of Energy" for "The Administrator, Energy Research and

Development Administration (hereafter referred to as

'Administrator' in this subchapter)" and "shall designate thirteen

institutions" for "is authorized and directed to designate ten

institutions" and inserted provision that ten such designations be

made as provided in subsection (e) of this section and the

remaining three be made in fiscal year 1980.

Subsec. (b). Pub. L. 95-617, Sec. 604(a), (c), substituted in

provisions preceding par. (1) "Secretary of Energy" for

"Administrator" and in par. (1) "Those ten institutions of higher

education designated as provided in subsection (e) of this section"

for "The institution of higher education".

Subsecs. (d), (e). Pub. L. 95-617, Sec. 604(c), substituted

"Secretary of Energy" for "Administrator" wherever appearing.

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (c) pursuant to section 10(b) of Pub. L. 102-285, set

out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1291, 1312, 1316 of this

title.

-End-

-CITE-

30 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-

Sec. 1312. Financial assistance

-STATUTE-

(a) The Secretary of Energy is authorized to make grants to any

institution of higher education designated under section 1311 of

this title to pay the Federal share of the cost of establishing

(including the construction of such facilities as may be necessary)

and maintaining a coal laboratory.

(b) Each institution of higher education designated pursuant to

section 1311 of this title shall submit an application to the

Secretary of Energy. Each such application shall -

(1) set forth the program to be conducted at the coal

laboratory which includes the purposes set forth in section

1311(d) of this title;

(2) provide assurances that the university will pay from

non-Federal sources the remaining costs of carrying out the

program set forth;

(3) provide such fiscal control and fund accounting procedures

as may be necessary to assure the proper disbursement of and

accounting for Federal funds received under this subchapter;

(4) provide for making an annual report which shall include a

description of the activities conducted at the coal laboratory

and an evaluation of the success of such activities, and such

other necessary reports in such form and containing such

information as the Secretary of Energy may require, and for

keeping such records and affording such access thereto as may be

necessary to assure the correctness and verification of such

reports; and

(5) set forth such policies and procedures as will insure that

Federal funds made available under this section for any fiscal

year will be so used as to supplement and, to the extent

practical, increase the level of funds that would, in the absence

of such Federal funds, be made available for the purposes of the

activities described in subsections (d)(1), (2), and (3) of

section 1311 of this title, and in no case supplant such funds.

-SOURCE-

(Pub. L. 95-87, title VIII, Sec. 802, Aug. 3, 1977, 91 Stat. 527;

Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat.

3167.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-617 substituted "Secretary of Energy" for

"Administrator" wherever appearing.

-End-

-CITE-

30 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-

Sec. 1313. Limitation on payments

-STATUTE-

(a) No institutions of higher education may receive more than

$4,000,000 for the construction of its coal research laboratory,

including initially installed fixed equipment, nor may it receive

more than $1,500,000 for initially installed movable equipment, nor

may it receive more than $500,000 for new program startup expenses.

(b) No institution of higher education may receive more than

$1,500,000 per year from the Federal Government for operating

expenses.

-SOURCE-

(Pub. L. 95-87, title VIII, Sec. 803, Aug. 3, 1977, 91 Stat. 528.)

-End-

-CITE-

30 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-

Sec. 1314. Payments; Federal share of operating expenses

-STATUTE-

(a) From the amounts appropriated pursuant to section 1316 of

this title, the Secretary of Energy shall pay to each institution

of higher education having an application approved under this

subchapter an amount equal to the Federal share of the cost of

carrying out that application. Such payments may be in

installments, by way of reimbursement, or by way of advance with

necessary adjustments on account of underpayments or overpayments.

(b) The Federal share of operating expenses for any fiscal year

shall not exceed 50 per centum of the cost of the operation of a

coal research laboratory.

-SOURCE-

(Pub. L. 95-87, title VIII, Sec. 804, Aug. 3, 1977, 91 Stat. 528;

Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat.

3167.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-617 substituted "Secretary of

Energy" for "Administrator" wherever appearing.

-End-

-CITE-

30 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-

Sec. 1315. Advisory Council on Coal Research

-STATUTE-

(a) Establishment; members

There is established an Advisory Council on Coal Research which

shall be composed of -

(1) the Secretary of Energy, who shall be Chairman;

(2) the Director of the United States Bureau of Mines of the

Department of the Interior;

(3) the President of the National Academy of Sciences;

(4) the President of the National Academy of Engineering;

(5) the Director of the United States Geological Survey; and

(6) six members appointed by the Secretary of Energy from among

individuals who, by virtue of experience or training, are

knowledgeable in the field of coal research and mining, and who

are representatives of institutions of higher education,

industrial users of coal and coal-derived fuels, the coal

industry, mine workers, nonindustrial consumer groups, and

institutions concerned with the preservation of the environment.

(b) Furnishing advice to Secretary of Energy

The Advisory Council shall advise the Secretary of Energy with

respect to the general administration of this subchapter, and

furnish such additional advice as he may request.

(c) Annual report to President; transmittal to Congress

The Advisory Council shall make an annual report of its findings

and recommendations (including recommendations for changes in the

provisions of this subchapter) to the President not later than

December 31 of each calendar year. The President shall transmit

each such report to the Congress.

(d) Compensation and travel expenses

(1) Members of the Council who are not regular officers or

employees of the United States Government shall, while serving on

business of the Council, be entitled to receive compensation at

rates fixed by the Secretary of Energy but not exceeding the daily

rate prescribed for GS-18 of the General Schedule under section

5332 of title 5 and while so serving away from their homes or

regular places of business, they may be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by section

5703 of title 5 for persons in the Government service employed

intermittently.

(2) Members of the Council who are officers or employees of the

Government shall be reimbursed for travel, subsistence, and other

necessary expenses incurred by them in carrying out their duties on

the Council.

(e) Alternate members

Whenever a member of the Council appointed under clauses (1)

through (5) is unable to attend a meeting, that member shall

appoint an appropriate alternate to represent him for that meeting.

-SOURCE-

(Pub. L. 95-87, title VIII, Sec. 805, Aug. 3, 1977, 91 Stat. 528;

Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat. 3167;

Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-617 substituted "Secretary of Energy" for

"Administrator" wherever appearing.

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102-285, set

out as a note under section 1 of this title.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c) of this section relating to requirement that the President

transmit each annual report to Congress, see section 3003 of Pub.

L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 153 of House Document No.

103-7.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

30 USC Sec. 1316 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-

Sec. 1316. Authorization of appropriations

-STATUTE-

(a) For the ten institutions referred to in the last sentence of

section 1311(a) of this title, there are authorized to be

appropriated not to exceed $30,000,000 for the fiscal year ending

September 30, 1979 (including the cost of construction, equipment,

and startup expenses), and not to exceed $7,500,000 for the fiscal

year 1980 and for each fiscal year thereafter through the fiscal

year ending before October 1, 1984, to carry out the provisions of

this subchapter.

(b) For the three remaining institutions referred to in the last

sentence of section 1311(a) of this title, there are authorized to

be appropriated not to exceed $6,500,000 for the fiscal year 1980

(including the cost of construction, equipment, and startup

expenses), and not to exceed $2,000,000 for each fiscal year after

fiscal year 1980 ending before October 1, 1984, to carry out the

provisions of this subchapter.

-SOURCE-

(Pub. L. 95-87, title VIII, Sec. 806, Aug. 3, 1977, 91 Stat. 529;

Pub. L. 95-617, title VI, Sec. 604(b), Nov. 9, 1978, 92 Stat.

3166.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-617 designated existing provisions as subsec.

(a), inserted reference to ten institutions referred to in last

sentence of section 1311(a) of this title and substituted

provisions authorizing appropriations for each fiscal year

thereafter through the fiscal year ending before October 1, 1984,

for provisions authorizing appropriations each fiscal year

thereafter through the fiscal year ending June 30, 1983, and added

subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1314 of this title.

-End-

-CITE-

30 USC SUBCHAPTER IX - ENERGY RESOURCE GRADUATE

FELLOWSHIPS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1291 of this title.

-End-

-CITE-

30 USC Sec. 1321 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1321. Fellowship awards

-STATUTE-

(a) Graduate study and research in areas of applied science and

engineering relating to production, conservation, and utilization

of fuels and energy

The Secretary of Energy is authorized to award under the

provisions of this subchapter not to exceed one thousand

fellowships for the fiscal year ending September 30, 1979, and each

of the five succeeding fiscal years. Fellowships shall be awarded

under the provisions of this subchapter for graduate study and

research in those areas of applied science and engineering that are

related to the production, conservation, and utilization of fuels

and energy. Fellowships shall be awarded to students in programs

leading to master's degrees. Such fellowships may be awarded for

graduate study and research at any institution of higher education,

library, archive, or any other research center approved by the

Secretary of Energy after consultation with the Secretary of

Education.

(b) Term

Such fellowships shall be awarded for such periods as the

Secretary of Energy may determine, but not to exceed two years.

(c) Replacement awards

In addition to the number of fellowships authorized to be awarded

by subsection (a) of this section, the Secretary of Energy is

authorized to award fellowships equal to the number previously

awarded during any fiscal year under this subchapter but vacated

prior to the end of the period for which they were awarded; except

that each fellowship awarded under this subsection shall be for

such period of graduate work or research, not in excess of the

remainder of the period for which the fellowship which it replaces

was awarded as the Secretary of Energy may determine.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 901, Aug. 3, 1977, 91 Stat. 529;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 96-88, title III,

Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677,

692.)

-COD-

CODIFICATION

In subsec. (a), the words "(hereafter referred to as

'Administrator' in this subchapter)," which followed "Secretary of

Energy" the first time it appears were omitted in view of the

substitution of "Secretary of Energy" for "Administrator ERDA" and

"Administrator" wherever such terms appear in this subchapter and

the fact that the term "Secretary" is defined for the purposes of

this chapter by section 1291(23) of this title as meaning the

Secretary of the Interior. See Transfer of Functions note set out

below.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted in text for "Administrator

ERDA" and "Administrator", meaning Administrator of Energy Research

and Development Administration, pursuant to sections 301(a), 703,

and 707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, 7297 of Title 42, The Public Health and Welfare, and which

terminated Energy Research and Development Administration and

transferred its functions and functions of Administrator thereof

(with certain exceptions) to Secretary of Energy.

"Secretary of Education" substituted for "Commissioner of

Education" in subsec. (a), pursuant to sections 301(a)(1) and 507

of Pub. L. 96-88, which are classified to sections 3441(a)(1) and

3507 of Title 20, Education, and which transferred all functions of

Commissioner of Education to Secretary of Education.

-End-

-CITE-

30 USC Sec. 1322 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1322. Fellowship recipients

-STATUTE-

Recipients of fellowships under this subchapter shall be -

(a) persons who have been accepted by an institution of higher

education for graduate study leading to an advanced degree or for

a professional degree, and

(b) persons who plan a career in the field of energy resources,

production, or utilization.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 902, Aug. 3, 1977, 91 Stat. 530.)

-End-

-CITE-

30 USC Sec. 1323 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1323. Distribution of fellowships

-STATUTE-

In awarding fellowships under the provisions of this subchapter,

the Secretary of Energy shall endeavor to provide equitable

distribution of such fellowships throughout the Nation, except that

the Secretary of Energy shall give special attention to

institutions of higher education, libraries, archives, or other

research centers which have a demonstrated capacity to offer

courses of study or research in the field of energy resources and

conservation and conversion and related disciplines. In carrying

out his responsibilities under this section, the Secretary of

Energy shall take into consideration the projected need for highly

trained engineers and scientists in the field of energy sources.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 903, Aug. 3, 1977, 91 Stat. 530;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted in text for "Administrator",

meaning Administrator of Energy Research and Development

Administration, pursuant to sections 301(a), 703, and 707 of Pub.

L. 95-91, which are classified to sections 7151(a), 7293, 7297 of

Title 42, The Public Health and Welfare, and which terminated

Energy Research and Development Administration and transferred its

functions and functions of Administrator thereof (with certain

exceptions) to Secretary of Energy.

-End-

-CITE-

30 USC Sec. 1324 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1324. Stipends and allowances

-STATUTE-

(a) Each person awarded a fellowship under this subchapter shall

receive a stipend of not more than $10,000 for each academic year

of study. An additional amount of $500 for each such calendar year

of study shall be paid to such person on account of each of his

dependents.

(b) In addition to the amount paid to such person pursuant to

subsection (a) of this section there shall be paid to the

institution of higher education at which each such person is

pursuing his course of study, 100 per centum of the amount paid to

such person less the amount paid on account of such person's

dependents, to such person less any amount charged such person for

tuition.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 904, Aug. 3, 1977, 91 Stat. 530.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1326 of this title.

-End-

-CITE-

30 USC Sec. 1325 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1325. Limitation on fellowships

-STATUTE-

No fellowship shall be awarded under this subchapter for study at

a school or department of divinity. For the purpose of this

section, the term "school or department of divinity" means an

institution or department or branch of an institution, whose

program is specifically for the education of students to prepare

them to become ministers of religion or to enter upon some other

religious vocation or to prepare them to teach theological

subjects.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 905, Aug. 3, 1977, 91 Stat. 530.)

-End-

-CITE-

30 USC Sec. 1326 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1326. Fellowship conditions

-STATUTE-

(a) A person awarded a fellowship under the provisions of this

subchapter shall continue to receive the payments provided in

section 1324(a) of this title only during such periods as the

Secretary of Energy finds that he is maintaining satisfactory

proficiency in, and devoting essentially full time to, study or

research in the field in which such fellowship was awarded, in an

institution of higher education, and is not engaging in gainful

employment other than part-time employment in teaching, research,

or similar activities, approved by the Secretary of Energy.

(b) The Secretary of Energy shall require reports containing such

information in such forms and to be filed at such times as he

determines necessary from each person awarded a fellowship under

the provisions of this subchapter. Such reports shall be

accompanied by a certificate from an appropriate official at the

institution of higher education, library, archive, or other

research center approved by the Secretary of Energy, stating that

such person is making satisfactory progress in, and is devoting

essentially full time to the research for which the fellowship was

awarded.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 906, Aug. 3, 1977, 91 Stat. 530;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted in text for "Administrator",

meaning Administrator of Energy Research and Development

Administration, pursuant to sections 301(a), 703, and 707 of Pub.

L. 95-91, which are classified to sections 7151(a), 7293, 7297 of

Title 42, The Public Health and Welfare, and which terminated

Energy Research and Development Administration and transferred its

functions and functions of Administrator thereof (with certain

exceptions) to Secretary of Energy.

-End-

-CITE-

30 USC Sec. 1327 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1327. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $11,000,000 for the

fiscal year ending September 30, 1979, and for each of the five

succeeding fiscal years. For payments for the initial awarding of

fellowships awarded under this subchapter, there are authorized to

be appropriated for the fiscal year ending September 30, 1979, and

for each of the five succeeding fiscal years, such sums as may be

necessary in order that fellowships already awarded might be

completed.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 907, Aug. 3, 1977, 91 Stat. 531.)

-End-

-CITE-

30 USC Sec. 1328 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-

Sec. 1328. Research, development projects, etc., relating to

alternative coal mining technologies

-STATUTE-

(a) Authority of Secretary of the Interior to conduct, promote,

etc.

The Secretary of the Interior is authorized to conduct and

promote the coordination and acceleration of, research, studies,

surveys, experiments, demonstration projects, and training relating

to -

(1) the development and application of coal mining technologies

which provide alternatives to surface disturbance and which

maximize the recovery of available coal resources, including the

improvement of present underground mining methods, methods for

the return of underground mining wastes to the mine void, methods

for the underground mining of thick coal seams and very deep

seams; and

(2) safety and health in the application of such technologies,

methods, and means.

(b) Contracts and grants

In conducting the activities authorized by this section, the

Secretary of the Interior may enter into contracts with and make

grants to qualified institutions, agencies, organizations, and

persons.

(c) Authorization of appropriations

There are authorized to be appropriated to the Secretary of the

Interior, to carry out the purposes of this section, $35,000,000

for each fiscal year beginning with the fiscal year 1979, and for

each year thereafter for the next four years.

(d) Publication in Federal Register; report to Congress

At least sixty days before any funds are obligated for any

research studies, surveys, experiments or demonstration projects to

be conducted or financed under this chapter in any fiscal year, the

Secretary of the Interior in consultation with the heads of other

Federal agencies having the authority to conduct or finance such

projects, shall determine and publish such determinations in the

Federal Register that such projects are not being conducted or

financed by any other Federal agency. On December 31 of each

calendar year, the Secretary shall report to the Congress on the

research studies, surveys, experiments or demonstration projects,

conducted or financed under this chapter, including, but not

limited to, a statement of the nature and purpose of each project,

the Federal cost thereof, the identity and affiliation of the

persons engaged in such projects, the expected completion date of

the projects and the relationship of the projects to other such

projects of a similar nature.

(e) Availability of information to public

Subject to the patent provisions of section 306(d) of this

Act,(!1) all information and data resulting from any research

studies, surveys, experiments, or demonstration projects conducted

or financed under this chapter shall be promptly made available to

the public.

-SOURCE-

(Pub. L. 95-87, title IX, Sec. 908, Aug. 3, 1977, 91 Stat. 531;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 97-257, title I, Sec.

100, Sept. 10, 1982, 96 Stat. 841.)

-REFTEXT-

REFERENCES IN TEXT

Section 306(d) of this Act, referred to in subsec. (e), was

classified to section 1226(d) of this title and was omitted from

the Code pursuant to the replacement of subchapter III (Sec. 1221

et seq.) of this chapter by Pub. L. 98-409. See section 1226(c) of

this title.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d) of this section relating to requirement that on December 31 of

each calendar year, the Secretary report to Congress on research

studies, surveys, experiments or demonstration projects, conducted

or financed under this chapter, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 109 of House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Interior" substituted for "Secretary of Energy"

in subsecs. (a) to (d) pursuant to section 100 of Pub. L. 97-257,

which is set out as a note under section 7152 of Title 42, The

Public Health and Welfare, and which transferred to, and vested in,

Secretary of the Interior all functions vested in, or delegated to,

Secretary of Energy and Department of Energy under this section.

Previously, "Secretary of Energy" was substituted for

"Administrator", meaning Administrator of Energy Research and

Development Administration, in subsecs. (a) to (d) pursuant to

sections 301(a), 703, and 707 of Pub. L. 95-91, which are

classified to sections 7151(a), 7293, 7297 of Title 42, and which

terminated Energy Research and Development Administration and

transferred its functions and functions of Administrator thereof

(with certain exceptions) to Secretary of Energy.

-FOOTNOTE-

(!1) See References in Text note below.

-End-