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30 U.S.C. § 1254 — Federal programs

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

30 U.S.C. § 1254 — Federal programs

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Source location: Title 30, Chapter 25, § 1254; chapter-025-surface-mining-control-and-reclamation.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1251/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1251&num=0&edition=prelim), 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.

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

30 U.S.C. § 1251 — Environmental protection standards

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252/c&num=0&edition=prelim). The issuance of the interim regulations shall be deemed not to be a major Federal action within the meaning of section 4332(2)(c) 11 So in original. Probably should be “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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.]; and 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.]; and (C) held at least one public hearing on the proposed regulations. The date, time, and place of any hearing held on the p

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

30 U.S.C. § 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** (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 an

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

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. § 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. § 1256 — Permits

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim), 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 per

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

30 U.S.C. § 1254 — Federal programs

Page 275 TITLE 30—MINERAL LANDS AND MINING § 1254 tions 1 of surface coal mining and reclamation operations for coal on lands within the State; (5) establishment of a process for the des- ignation 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 consulta- tion with the State; and 1 (6) establishment for the purposes of avoid- ing 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 ap- plicable to the proposed operations; and (7) rules and regulations consistent with reg- ulations 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 Agri- culture, and the heads of other Federal agen- cies concerned with or having special expertise pertinent to the proposed State program; (2) obtained the written concurrence of the Administrator of the Environmental Protec- tion Agency with respect to those aspects of a State program which relate to air or water quality standards promulgated under the au- thority 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 author- ity and qualified personnel necessary for the enforcement of the

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