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30 U.S.C. § 1251a — Abandoned coal refuse sites

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

30 U.S.C. § 1251a — Abandoned coal refuse sites

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Source location: Title 30, Chapter 25, § 1251a; chapter-025-surface-mining-control-and-reclamation.md

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(1) Notwithstanding any other provision of the Surface Mining Control and Reclamation Act of 1977 [[30 U.S.C. 1201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1201&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265&num=0&edition=prelim), 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.

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

30 U.S.C. § 1265 — Environmental protection performance standards

**(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) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1265

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

30 U.S.C. § 1201 — Congressional findings

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.11 So in original. The period probably should be a semicolon. **(e)** surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the States a

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1201

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

30 U.S.C. § 1234 — Eligible lands and water

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/4&num=0&edition=prelim), [section 1233(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/b/1&num=0&edition=prelim), and [section 1239 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1239&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1269&num=0&edition=prelim). 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 immediate

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1234

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

30 U.S.C. § 1201 — Congressional findings

Page 228 TITLE 30—MINERAL LANDS AND MINING § 1201 1 So in original. The period probably should be a semicolon. Sec. 1298. Alaskan surface coal mine study. 1299. Study of reclamation standards for surface mining of other minerals. 1300. Indian lands. 1301. Experimental practices. 1302. Authorization of appropriations. 1303. Coordination of regulatory and inspection ac- tivities. 1304. Surface owner protection. 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. 1308a. Use of civil penalty funds to reclaim lands. 1308b. Transfer of computer hardware, software and other technical equipment. 1309. Certification and training of blasters. 1309a. Subsidence. 1309b. Research. SUBCHAPTER VIII—UNIVERSITY COAL RESEARCH LABORATORIES 1311. Establishment of university coal research laboratories. 1312. Financial assistance. 1313. Limitation on payments. 1314. Payments; Federal share of operating ex- penses. 1315. Advisory Council on Coal Research. 1316. Authorization of appropriations. SUBCHAPTER IX—ENERGY RESOURCE GRADUATE FELLOWSHIPS 1321. Fellowship 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. SUBCHAPTER I—STATEMENT OF FINDINGS AND POLICY § 1201. Congressional findings 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 surfac

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1201

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

30 U.S.C. § 1234 — Eligible lands and water

Page 253 TITLE 30—MINERAL LANDS AND MINING § 1235 semicolon after ‘‘protection’’, struck out ‘‘general wel- fare,’’ after ‘‘safety,’’, and added subpar. (B). Subsec. (a)(2). Pub. L. 109–432, § 203(1)(B), designated existing provisions as subpar. (A), substituted ‘‘health and safety’’ for ‘‘health, safety, and general welfare’’, and added subpar. (B). Subsec. (a)(3). Pub. L. 109–432, § 203(1)(C), which di- rected that a period be substituted for the semicolon at end, could not be executed because a period already ap- peared at end. Subsec. (a)(4), (5). Pub. L. 109–432, § 203(1)(D), struck out pars. (4) and (5) which read as follows: ‘‘(4) the protection, repair, replacement, construc- tion, or enhancement of public facilities such as utili- ties, roads, recreation, and conservation facilities ad- versely affected by coal mining practices; ‘‘(5) the development of publicly owned land ad- versely affected by coal mining practices including land acquired as provided in this subchapter for recre- ation and historic purposes, conservation, and reclama- tion purposes and open space benefits.’’ Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted ‘‘Water supply restoration’’ for ‘‘Utilities and other fa- cilities’’ in heading. Subsec. (b)(1). Pub. L. 109–432, § 203(2)(B), struck out ‘‘up to 30 percent of the’’ before ‘‘funds’’. Subsec. (c). Pub. L. 109–432, § 203(3), inserted ‘‘, subject to the approval of the Secretary,’’ after ‘‘amendments’’ in second sentence. 1992—Subsec. (a)(4) to (6). Pub. L. 102–486, § 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 c

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1234

Stored review status: historical_2024_not_currentness_verified. The source passage cites 30 U.S.C. § 1234. This identifies an authority to review, not proof of applicability.

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

30 U.S.C. § 1251a — Abandoned coal refuse sites

Page 272 TITLE 30—MINERAL LANDS AND MINING § 1251 1 So in original. Probably should be ‘‘4332(2)(C)’’. Federal land under the jurisdiction of that Federal land management agency under a Good Samaritan permit; and ‘‘(2) the Environmental Protection Agency. ‘‘(b) DEPOSITS.—Each Fund shall consist of— ‘‘(1) amounts provided in appropriation Acts; ‘‘(2) any proceeds from reprocessing deposited under section 4(f)(4)(B)(iv); ‘‘(3) any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb); ‘‘(4) any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5); and ‘‘(5) any amounts donated to the Fund by any per- son. ‘‘(c) UNUSED FUNDS.—Amounts in each Fund not cur- rently needed to carry out this Act shall be maintained as readily available or on deposit. ‘‘(d) RETAIN AND USE AUTHORITY.—The Administrator and each head of a Federal land management agency, as appropriate, may, notwithstanding any other provi- sion of law, retain and use money deposited in the ap- plicable Fund without fiscal year limitation for the purpose of carrying out this Act. ‘‘SEC. 6. REPORT TO CONGRESS. ‘‘(a) IN GENERAL.—Not later than 8 years after the date of enactment of this Act [Dec. 17, 2024], the Ad- ministrator, in consultation with the heads of Federal land management agencies, shall submit to the Com- mittee on Environment and Public Works of the Senate and the Committees on Transportation and Infrastruc- ture, Energy and Commerce, and Natural Resources of the House of Representatives a report evaluating the Good Samaritan pilot program under this Act. ‘‘(b) INCLUSIONS.—The report under subsection (a) shall include— ‘‘(1) a description of— ‘‘(A) the number, types, and objectives of Good

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1251a

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

30 U.S.C. § 1265 — Environmental protection performance

Page 286 TITLE 30—MINERAL LANDS AND MINING § 1265 as an objector, and who is aggrieved by the deci- sion of the regulatory authority, or if the regu- latory 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. (Pub. L. 95–87, title V, § 514, Aug. 3, 1977, 91 Stat. 485.) § 1265. Environmental protection performance standards (a) Permit requirement Any permit issued under any approved State or Federal program pursuant to this chapter to conduct surface coal mining operations shall re- quire 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 appli- cable 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 con- servation of the solid fuel resource being re- covered so that reaffecting the land in the fu- ture through surface coal mining can be mini- mized; (2) restore the land affected to a condition capable of supporting the uses which it was ca- pable of supporting prior to any mining, or higher or better uses of which there is reason- able 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 pollu- tion, and the permit applicants’ declared pro- posed land use following reclamation is not deemed to be impractical or unreasonable, in- consistent with applicable land use policies and plans, involves unreasonable delay i

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1265

Stored review status: historical_2024_not_currentness_verified. The source passage cites 30 U.S.C. § 1265. This identifies an authority to review, not proof of applicability.