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30 U.S.C. § 1273 — Federal lands

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30 U.S.C. § 1273 — Federal lands

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Source file: Laws/federal/codes/united-states-code/title-30/section-1273-federal-lands--f3973f1acc.md
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Source location: Title 30, Chapter 25, § 1273; chapter-025-surface-mining-control-and-reclamation.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1300&num=0&edition=prelim) 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) 11 So in original. Probably should be “201(a)(2)(B)”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1272/b&num=0&edition=prelim). **(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1272&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 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** (1) To be eligible to assume primary regulatory authority pursuant to [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim), 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 sup

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30 U.S.C. § 1300 — Indian lands

**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265&num=0&edition=prelim) 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, 126

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30 U.S.C. § 1252 — Initial regulatory procedures

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265&num=0&edition=prelim) 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 min

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1291 — Definitions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265/b/8&num=0&edition=prelim); (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

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30 U.S.C. § 1292 — Other Federal laws

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section21a&num=0&edition=prelim)), the National Environmental Policy Act of 1969 ([42 U.S.C. 4321–47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321–47&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section721–740&num=0&edition=prelim)). (2) The Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742) [[30 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section801&num=0&edition=prelim) et seq.]. (3) The Federal Water Pollution Control Act (79 Stat. 903), as amended [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.]. (5) The Solid Waste Disposal Act [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.]. (6) The Refuse Act of 1899 ([33 U.S.C. 407](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&ed

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1273 — Federal lands

Page 301 TITLE 30—MINERAL LANDS AND MINING § 1273 1 So in original. Probably should be ‘‘201(a)(2)(B)’’. Register of Historic Sites unless approved jointly by the regulatory authority and the Federal, State, or local agency with jurisdic- tion 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 reg- ulatory authority may permit such roads to be relocated or the area affected to lie within one hundred feet of such road, if after public no- tice and opportunity for public hearing in the locality a written finding is made that the in- terests of the public and the landowners af- fected thereby will be protected; or (5) within three hundred feet from any occu- pied 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. (Pub. L. 95–87, title V, § 522, Aug. 3, 1977, 91 Stat. 507.) Editorial Notes REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, re- ferred to in subsec. (e)(2)(B), is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, which is classified generally to sec- tions 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, § 8, Oct. 30, 1978, 92 Stat. 2075, and which enacted sec- tions 202a, 208–1, and

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