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30 U.S.C. § 1262 — Coal exploration permits

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

30 U.S.C. § 1262 — Coal exploration permits

**(a) Regulations; contents** Each State or Federal program shall include a requirement that coal exploration operations which substantially disturb the natural land surface be conducted in accordance with exploration regulations issued by the regulatory authority. Such regulations shall include, at a minimum (1) the requirement that prior to conducting any exploration under this section, any person must file with the regulatory authority notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the performance standards in [section 1265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265&num=0&edition=prelim) of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment. **(b) Confidential information** Information submitted to the regulatory authority pursuant to this subsection as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination. **(c) Penalties** Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of [section 1268 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1268&num=0&edition=prelim). **(d) Limitation on removal of coal** No operator shall remove more than two hundred and fifty tons of coal pursuant to an exploration permit with

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Source location: Title 30, Chapter 25, § 1262; chapter-025-surface-mining-control-and-reclamation.md

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

30 U.S.C. § 1262 — Coal exploration permits

Page 284 TITLE 30—MINERAL LANDS AND MINING § 1262 1 So in original. Probably should be ‘‘or’’. authority shall establish guidelines for a deter- mination of the scale or extent of a revision re- quest for which all permit application informa- tion requirements and procedures, including no- tice and hearings, shall apply: Provided, That any revisions which propose significant alter- ations in the reclamation plan shall, at a min- imum, be subject to notice and hearing require- ments. (3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit. (b) Transfer, assignment, or sale of rights under permit No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this chapter shall be made without the written approval of the regulatory authority. (c) Review of outstanding permits The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit: Provided, That such revi- sion or modification shall be based upon a writ- ten finding and subject to notice and hearing re- quirements established by the State or Federal program. (Pub. L. 95–87, title V, § 511, Aug. 3, 1977, 91 Stat. 483.) § 1262. Coal exploration permits (a) Regulations; contents Each State or Federal program shall include a requirement that coal exploration operations which substantially disturb the natural land surface be conducted in accordance with explo- ration regulations issued by the regulatory au- thority. Such regulations shall include, at a minimum (1) the requirement that prior to con-

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