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30 U.S.C. § 1272 — Designating areas unsuitable for surface coal mining

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

30 U.S.C. § 1272 — Designating areas unsuitable for surface coal mining

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Source file: Laws/federal/codes/united-states-code/title-30/section-1272-designating-areas-unsuitable-for-surface-coal-mining--f26ae47d9e.md
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Source location: Title 30, Chapter 25, § 1272; chapter-025-surface-mining-control-and-reclamation.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254&num=0&edition=prelim), 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.11 So in original. Probably should be “therefor.” 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1276/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)], 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.

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

16 U.S.C. § 528 — Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose

It is the policy of the Congress that the national forests are established and shall be administered for outdoor recreation, range, timber, watershed, and wildlife and fish purposes. The purposes of sections 528 to 531 of this title are declared to be supplemental to, but not in derogation of, the purposes for which the national forests were established as set forth in [section 475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section475&num=0&edition=prelim). Nothing herein shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish on the national forests. Nothing herein shall be construed so as to affect the use or administration of the mineral resources of national forest lands or to affect the use or administration of Federal lands not within national forests.

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

30 U.S.C. § 1254 — Federal programs

**(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 ph

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

30 U.S.C. § 181 — Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter.

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

16 U.S.C. § 1600 — Congressional findings

The Congress finds that— (1) the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time; (2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation’s renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated; (3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation’s public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; [16 U.S.C. 528–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)), and public participation in the development of the program; (4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation’s renewable resources; (5) inasmuch as the majority of the Nation’s forests and rangeland is under private, State, and local governmental management and the Nation’s major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and

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

30 U.S.C. § 1253 — State programs

**(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 11 So in original. 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 oper

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

30 U.S.C. § 1211 — Office of Surface Mining Reclamation and Enforcement

**(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 11 So in original. Probably should be section “5316”. of title 5, and such other employees as may be required. Pursuant to [section 5108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108&num=0&edition=prelim), 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 t

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

30 U.S.C. § 1260 — Permit approval or denial

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1263&num=0&edition=prelim), 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 a

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

30 U.S.C. § 1273 — Federal lands

**(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 othe

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

16 U.S.C. § 528 — Development and administration of renew-

Page 962 TITLE 16—CONSERVATION § 527 ‘‘(3) SUBJECTS TO BE STUDIED.—The Task Force shall study and make recommendations on— ‘‘(A) whether Federal water rights should be ac- quired for environmental protection on National Forest land; ‘‘(B) measures necessary to protect the free exer- cise of non-Federal water rights requiring ease- ments and permits from the Forest Service; ‘‘(C) the protection of minimum instream flows for environmental and watershed management pur- poses on National Forest land through purchases or exchanges from willing sellers in accordance with State law; ‘‘(D) the effects of any of the recommendations made under this paragraph on existing State laws, regulations, and customs of water usage; and ‘‘(E) measures that would be useful in avoiding or resolving conflicts between the Forest Service’s re- sponsibilities for natural resource and environ- mental protection, the public interest, and the property rights and interests of water holders with special use permits for water facilities, including the study of the Federal acquisition of water rights, dispute resolution, mitigation, and compensation. ‘‘(4) FINAL REPORT.—As soon as practicable, but not later than 14 months, after the date of enactment of this Act [Apr. 4, 1996], the Task Force shall provide the final report of the Task Force to— ‘‘(A) the Secretary of Agriculture; ‘‘(B) the Speaker of the House of Representatives; ‘‘(C) the President pro tempore of the Senate; ‘‘(D) the Chairman of the Committee on Agri- culture of the House of Representatives; ‘‘(E) the Chairman of the Committee on Agri- culture, Nutrition, and Forestry of the Senate; ‘‘(F) the Chairman of the Committee on Re- sources [now Committee on Natural Resources] of the House of Representatives; and ‘‘

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

30 U.S.C. § 1272 — Designating areas unsuitable for surface

Page 299 TITLE 30—MINERAL LANDS AND MINING § 1272 1 So in original. Probably should be ‘‘subsection’’. (b) Inadequate State enforcement; notice and hearing Whenever on the basis of information avail- able 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 there- of 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 en- force such State program, he shall give public notice of such finding. During the period begin- ning with such public notice and ending when such State satisfies the Secretary that it will enforce this chapter, the Secretary shall en- force, in the manner provided by this chapter, any permit condition required under this chap- ter, shall issue new or revised permits in accord- ance 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 obli- gations under such permit and who did not will- fully 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 require- ments of this chapter before suspending or re- voking the State permit. (c) Civil action for relief The Secretary may request th

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