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30 U.S.C. § 1300 — Indian lands

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

30 U.S.C. § 1300 — Indian lands

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Source file: Laws/federal/codes/united-states-code/title-30/section-1300-indian-lands--9d30eca373.md
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Source location: Title 30, Chapter 25, § 1300; chapter-025-surface-mining-control-and-reclamation.md

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**(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, 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1302/a&num=0&edition=prelim) shall be reserved for this purpose. **(h) Jurisdictional status** The Secretary shall analyze and make recommendations regarding the jurisdictional status of Indian Lands 11 So in original. Probably should be “lands”. 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. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1211&num=0&edition=prelim) 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. **(j) Tribal regulatory authority** (1) **Tribal regulatory programs** (A) *In general* — Notwithstanding any other provision of law, an Indian tribe may apply for, and obtain the approval of, a tribal program under [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim) regulating in whole or in part surface coal mining and reclamation operations on reservation land under the jurisdiction of the Indian tribe using the procedures of [section 1254(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254/e&num=0&edition=prelim). (B) *References to State* — For purposes of this subsection and the implementation and administration of a tribal program under subchapter V, any reference to a “State” in this chapter shall be considered to be a reference to a “tribe”. (2) **Conflicts of interest** (A) *In general* — The fact that an individual is a member of an Indian tribe does not in itself constitute a violation of [section 1211(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1211/f&num=0&edition=prelim). (B) *Employees of tribal regulatory authority* — Any employee of a tribal regulatory authority shall not be eligible for a per capita distribution of any proceeds from coal mining operations conducted on Indian reservation lands under this chapter. (3) **Sovereign immunity** — To receive primary regulatory authority under [section 1254(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254/e&num=0&edition=prelim), an Indian tribe shall waive sovereign immunity for purposes of [section 1270 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1270&num=0&edition=prelim) and paragraph (4). (4) **Judicial review** (A) *Civil actions* (i) *In general* — After exhausting all tribal remedies with respect to a civil action arising under a tribal program approved under [section 1254(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254/e&num=0&edition=prelim), an interested party may file a petition for judicial review of the civil action in the United States circuit court for the circuit in which the surface coal mining operation named in the petition is located. (ii) *Scope of review* (I) *Questions of law* — The United States circuit court shall review de novo any questions of law under clause (i). (II) *Findings of fact* — The United States circuit court shall review findings of fact under clause (i) using a clearly erroneous standard. (B) *Criminal actions* — Any criminal action brought under [section 1268 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1268&num=0&edition=prelim) with respect to surface coal mining or reclamation operations on Indian reservation lands shall be brought in— (i) the United States District Court for the District of Columbia; or (ii) the United States district court in which the criminal activity is alleged to have occurred. (5) **Grants** (A) *In general* — Except as provided in subparagraph (B), grants for developing, administering, and enforcing tribal programs approved in accordance with [section 1254(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254/e&num=0&edition=prelim) shall be provided to an Indian tribe in accordance with [section 1295 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1295&num=0&edition=prelim). (B) *Exception* — Notwithstanding subparagraph (A), the Federal share of the costs of developing, administering, and enforcing an approved tribal program shall be 100 percent. (6) **Report** — Not later than 18 months after the date on which a tribal program is approved under subsection (e) of [section 1254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254&num=0&edition=prelim), the Secretary shall submit to the appropriate committees of Congress a report, developed in cooperation with the applicable Indian tribe, on the tribal program that includes a recommendation of the Secretary on whether primary regulatory authority under that subsection should be expanded to include additional Indian lands.

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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. § 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

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

30 U.S.C. § 1270 — Citizens suits

**(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, b

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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. § 1295 — Grants to States

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1273/d&num=0&edition=prelim), a State elects to regulate su

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30 U.S.C. § 1268 — Penalties

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), 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

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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. § 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

30 U.S.C. § 1300 — Indian lands

Page 310 TITLE 30—MINERAL LANDS AND MINING § 1299 (d) Modification of applicability of environ- mental 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 mod- ify the applicability of any environmental pro- tection provision of this chapter, or any regula- tion 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 in- sure the continued operation of such surface coal mining operation. The Secretary may exer- cise this authority only after he has (1) pub- lished 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 lo- cated, and (2) held a public hearing on the pro- posed modification in Alaska. (e) Interim regulations In order to allow new mines in Alaska to con- tinue orderly development, the Secretary is au- thorized 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 environ- ment 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 ap- propriated

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