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 in im- plementation, 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 mate- rials), and grade in order to restore the ap- proximate original contour of the land with all highwalls, spoil piles, and depressions eliminated (unless small depressions are need- ed in order to retain moisture to assist revege- tation or as otherwise authorized pursuant to this chapter): Provided, however, That in sur- face coal mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit, and the thickness of the coal deposits relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consid- eration to volumetric expansion, to restore the approximate original contour, the oper- ator, at a minimum, shall backfill, grade, and compact (where advisable) using all available overburden and other spoil and waste mate- rials to attain the lowest practicable grade but not more than the angle of repose, to pro- vide adequate drainage and to cover all acid- forming and other toxic materials, in order to achieve an ecologically sound land use com- patible with the surrounding region: And pro- vided further, That in surface coal mining where the volume of overburden is large rel- ative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overbur- den and other spoil and waste materials re- moved in the course of the mining operation is more than sufficient to restore the approxi- mate original contour, the operator shall after restoring the approximate contour, backfill, grade, and compact (where advisable) the ex- cess overburden and other spoil and waste ma- terials to attain the lowest grade but not more than the angle of repose, and to cover all acid- forming and other toxic materials, in order to achieve an ecologically sound land use com- patible with the surrounding region and that such overburden or spoil shall be shaped and graded in such a way as to prevent slides, ero- sion, and water pollution and is revegetated in accordance with the requirements of this chapter; (4) stabilize and protect all surface areas in- cluding spoil piles affected by the surface coal mining and reclamation operation to effec- tively control erosion and attendant air and water pollution; (5) remove the topsoil from the land in a sep- arate layer, replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area with- in a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plant or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamina- tion by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation; (6) restore the topsoil or the best available subsoil which is best able to support vegeta- tion; (7) for all prime farm lands as identified in section 1257(b)(16) of this title to be mined and reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall be established by the Secretary of Agriculture, and the operator shall, as a minimum, be re- quired to— (A) segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity; and if not utilized immediately, stockpile this material separately from other spoil, Page 287 TITLE 30—MINERAL LANDS AND MINING § 1265 1 So in original. Probably should be followed by a comma. 2 So in original. Probably should be ‘‘conduct’’. 3 So in original. Probably should be ‘‘keeping’’. and provide needed protection from wind and water erosion or contamination by other acid or toxic material; (B) segregate the B horizon of the natural soil, or underlying C horizons or other stra- ta, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a root zone of com- parable depth and quality to that which ex- isted in the natural soil; and if not utilized immediately, stockpile this material sepa- rately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic mate- rial; (C) replace and regrade the root zone ma- terial described in (B) above with proper compaction and uniform depth over the re- graded spoil material; and (D) redistribute and grade in a uniform manner the surface soil horizon described in subparagraph (A); (8) create, if authorized in the approved min- ing and reclamation plan and permit, perma- nent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that— (A) the size of the impoundment is ade- quate for its intended purposes; (B) the impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety compatible with that of structures con- structed under Public Law 83–566 (16 U.S.C. 1006); (C) the quality of impounded water will be suitable on a permanent basis for its in- tended use and that discharges from the im- poundment will not degrade the water qual- ity below water quality standards estab- lished pursuant to applicable Federal and State law in the receiving stream; (D) the level of water will be reasonably stable; (E) final grading will provide adequate safety and access for proposed water users; and (F) such water impoundments will not re- sult in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, in- dustrial 1 recreational, or domestic uses; (9) conducting 2 any augering operation asso- ciated with surface mining in a manner to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete; and seal all auger holes with an impervious and noncombustible material in order to prevent drainage except where the regulatory authority determines that the re- sulting impoundment of water in such auger holes may create a hazard to the environment or the public health or safety: Provided, That the permitting authority may prohibit augering if necessary to maximize the utiliza- tion, recoverability or conservation of the solid fuel resources or to protect against ad- verse water quality impacts; (10) minimize the disturbances to the pre- vailing hydrologic balance at the mine-site and in associated offsite areas and to the qual- ity and quantity of water in surface and ground water systems both during and after surface coal mining operations and during rec- lamation by— (A) avoiding acid or other toxic mine drainage by such measures as, but not lim- ited to— (i) preventing or removing water from contact with toxic producing deposits; (ii) treating drainage to reduce toxic content which adversely affects down- stream water upon being released to water courses; (iii) casing, sealing, or otherwise man- aging boreholes, shafts, and wells and keep 3 acid or other toxic drainage from entering ground and surface waters; (B)(i) conducting surface coal mining oper- ations so as to prevent, to the extent pos- sible using the best technology currently available, additional contributions of sus- pended solids to streamflow, or runoff out- side the permit area, but in no event shall contributions be in excess of requirements set by applicable State or Federal law; (ii) constructing any siltation structures pursuant to subparagraph (B)(i) of this sub- section prior to commencement of surface coal mining operations, such structures to be certified by a qualified registered engi- neer or a qualified registered professional land surveyor in any State which authorizes land surveyors to prepare and certify such maps or plans to be constructed as designed and as approved in the reclamation plan; (C) cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized; and de- positing the silt and debris at a site and in a manner approved by the regulatory au- thority; (D) restoring recharge capacity of the mined area to approximate premining condi- tions; (E) avoiding channel deepening or enlarge- ment in operations requiring the discharge of water from mines; (F) preserving throughout the mining and reclamation process the essential hydrologic functions of alluvial valley floors in the arid and semiarid areas of the country; and (G) such other actions as the regulatory authority may prescribe; (11) with respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine working or excavations, stabilize all waste piles in designated areas through construction in compacted layers including the use of in- Page 288 TITLE 30—MINERAL LANDS AND MINING § 1265 4 So in original. The period probably should be a semicolon. combustible and impervious materials if nec- essary and assure the final contour of the waste pile will be compatible with natural sur- roundings and that the site can and will be stabilized and revegetated according to the provisions of this chapter; (12) refrain from surface coal mining within five hundred feet from active and abandoned underground mines in order to prevent break- throughs and to protect health or safety of miners: Provided, That the regulatory author- ity shall permit an operator to mine near, through or partially through an abandoned un- derground mine or closer to an active under- ground mine if (A) the nature, timing, and se- quencing of the approximate coincidence of specific surface mine activities with specific underground mine activities are jointly ap- proved by the regulatory authorities con- cerned with surface mine regulation and the health and safety of underground miners, and (B) such operations will result in improved re- source recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public; (13) design, locate, construct, operate, main- tain, enlarge, modify, and remove or abandon, in accordance with the standards and criteria developed pursuant to subsection (f) of this section, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or perma- nently as dams or embankments; (14) insure that all debris, acid-forming ma- terials, toxic materials, or materials consti- tuting a fire hazard are treated or buried and compacted or otherwise disposed of in a man- ner designed to prevent contamination of ground or surface waters and that contingency plans are developed to prevent sustained com- bustion; (15) insure that explosives are used only in accordance with existing State and Federal law and the regulations promulgated by the regulatory authority, which shall include pro- visions to— (A) provide adequate advance written no- tice to local governments and residents who might be affected by the use of such explo- sives by publication of the planned blasting schedule in a newspaper of general circula- tion in the locality and by mailing a copy of the proposed blasting schedule to every resi- dent living within one-half mile of the pro- posed blasting site and by providing daily notice to resident/occupiers in such areas prior to any blasting; (B) maintain for a period of at least three years and make available for public inspec- tion upon request a log detailing the loca- tion of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts; (C) limit the type of explosives and deto- nating equipment, the size, the timing and frequency of blasts based upon the physical conditions of the site so as to prevent (i) in- jury to persons, (ii) damage to public and private property outside the permit area, (iii) adverse impacts on any underground mine, and (iv) change in the course, channel, or availability of ground or surface water outside the permit area; (D) require that all blasting operations be conducted by trained and competent persons as certified by the regulatory authority; (E) provide that upon the request of a resi- dent or owner of a man-made dwelling or structure within one-half mile of any por- tion of the permitted area the applicant or permittee shall conduct a pre-blasting sur- vey of such structures and submit the survey to the regulatory authority and a copy to the resident or owner making the request. The area of the survey shall be decided by the regulatory authority and shall include such provisions as the Secretary shall pro- mulgate.4 (16) insure that all reclamation efforts pro- ceed in an environmentally sound manner and as contemporaneously as practicable with the surface coal mining operations: Provided, how- ever, That where the applicant proposes to combine surface mining operations with un- derground mining operations to assure max- imum practical recovery of the mineral re- sources, the regulatory authority may grant a variance for specific areas within the reclama- tion plan from the requirement that reclama- tion efforts proceed as contemporaneously as practicable to permit underground mining op- erations prior to reclamation: (A) if the regulatory authority finds in writing that: (i) the applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations; (ii) the proposed underground mining op- erations are necessary or desirable to as- sure maximum practical recovery of the mineral resource and will avoid multiple disturbance of the surface; (iii) the applicant has satisfactorily dem- onstrated that the plan for the under- ground mining operations conforms to re- quirements for underground mining in the jurisdiction and that permits necessary for the underground mining operations have been issued by the appropriate authority; (iv) the areas proposed for the variance have been shown by the applicant to be necessary for the implementing of the pro- posed underground mining operations; (v) no substantial adverse environmental damage, either on-site or off-site, will re- sult from the delay in completion of rec- lamation as required by this chapter; (vi) provisions for the off-site storage of spoil will comply with paragraph (22); (B) if the Secretary has promulgated spe- cific regulations to govern the granting of such variances in accordance with the provi- sions of this subsection and section 1251 of this title, and has imposed such additional requirements as he deems necessary; (C) if variances granted under the provi- sions of this subsection are to be reviewed by Page 289 TITLE 30—MINERAL LANDS AND MINING § 1265 5 So in original. The word ‘‘and’’ probably should appear at end of par. (24). the regulatory authority not more than three years from the date of issuance of the permit; and (D) if liability under the bond filed by the applicant with the regulatory authority pur- suant to section 1259(b) of this title shall be for the duration of the underground mining operations and until the requirements of this subsection and section 1269 of this title have been fully complied with.4 (17) insure that the construction, mainte- nance, and postmining conditions of access roads into and across the site of operations will control or prevent erosion and siltation, pollution of water, damage to fish or wildlife or their habitat, or public or private property; (18) refrain from the construction of roads or other access ways up a stream bed or drainage channel or in such proximity to such channel so as to seriously alter the normal flow of water; (19) establish on the regraded areas, and all other lands affected, a diverse, effective, and permanent vegetative cover of the same sea- sonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except, that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan; (20)(A) assume the responsibility for success- ful revegetation, as required by paragraph (19) above, for a period of five full years after the last year of augmented seeding, fertilizing, ir- rigation, or other work in order to assure com- pliance with paragraph (19) above, except in those areas or regions of the country where the annual average precipitation is twenty-six inches or less, then the operator’s assumption of responsibility and liability will extend for a period of ten full years after the last year of augmented seeding, fertilizing, irrigation, or other work: Provided, That when the regu- latory authority approves a long-term inten- sive agricultural postmining land use, the ap- plicable five- or ten-year period of responsi- bility for revegetation shall commence at the date of initial planting for such long-term in- tensive agricultural postmining land use: Pro- vided further, That when the regulatory au- thority issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan, the authority may grant exception to the provisions of paragraph (19) above; (B) on lands eligible for remining assume the responsibility for successful revegetation for a period of two full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with the applicable standards, except in those areas or regions of the country where the annual av- erage precipitation is twenty-six inches or less, then the operator’s assumption of respon- sibility and liability will be extended for a pe- riod of five full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with the applicable standards.4 (21) protect offsite areas from slides or dam- age occurring during the surface coal mining and reclamation operations, and not deposit spoil material or locate any part of the oper- ations or waste accumulations outside the per- mit area; (22) place all excess spoil material resulting from coal surface mining and reclamation ac- tivities in such a manner that— (A) spoil is transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure mass stability and to prevent mass move- ment; (B) the areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement; (C) appropriate surface and internal drain- age systems and diversion ditches are used so as to prevent spoil erosion and movement; (D) the disposal area does not contain springs, natural water courses or wet weath- er seeps unless lateral drains are con- structed from the wet areas to the main underdrains in such a manner that filtration of the water into the spoil pile will be pre- vented; (E) if placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the regu- latory authority, the spoil could be placed in compliance with all the requirements of this chapter, and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement; (F) where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is con- structed; (G) the final configuration is compatible with the natural drainage pattern and sur- roundings and suitable for intended uses; (H) design of the spoil disposal area is cer- tified by a qualified registered professional engineer in conformance with professional standards; and (I) all other provisions of this chapter are met.4 (23) meet such other criteria as are nec- essary to achieve reclamation in accordance with the purposes of this chapter, taking into consideration the physical, climatological, and other characteristics of the site; and 5 (24) to the extent possible using the best technology currently available, minimize dis- turbances and adverse impacts of the oper- ation on fish, wildlife, and related environ- mental values, and achieve enhancement of such resources where practicable; (25) provide for an undisturbed natural bar- rier beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as the regulatory authority shall determine shall be retained in place as a barrier to slides and erosion. Page 290 TITLE 30—MINERAL LANDS AND MINING § 1265 6 So in original. Probably should be ‘‘for’’. 7 So in original. The semicolon probably should be a period. (c) Procedures; exception to original contour res- toration requirements (1) Each State program may and each Federal program shall include procedures pursuant to which the regulatory authority may permit sur- face mining operations for the purposes set forth in paragraph (3) of this subsection. (2) Where an applicant meets the requirements of paragraphs (3) and (4) of this subsection a per- mit without regard to the requirement to re- store to approximate original contour set forth in subsection (b)(3) or (d)(2) and (3) of this sec- tion may be granted for the surface mining of coal where the mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (ex- cept as provided in subsection (c)(4)(A) hereof) by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining, and capable of sup- porting postmining uses in accord with the re- quirements of this subsection. (3) In cases where an industrial, commercial, agricultural, residential or public facility (in- cluding recreational facilities) use is proposed or 6 the postmining use of the affected land, the regulatory authority may grant a permit for a surface mining operation of the nature described in subsection (c)(2) where— (A) after consultation with the appropriate land use planning agencies, if any, the pro- posed postmining land use is deemed to con- stitute an equal or better economic or public use of the affected land, as compared with premining use; (B) the applicant presents specific plans for the proposed postmining land use and appro- priate assurances that such use will be— (i) compatible with adjacent land uses; (ii) obtainable according to data regarding expected need and market; (iii) assured of investment in necessary public facilities; (iv) supported by commitments from pub- lic agencies where appropriate; (v) practicable with respect to private fi- nancial capability for completion of the pro- posed use; (vi) planned pursuant to a schedule at- tached to the reclamation plan so as to inte- grate the mining operation and reclamation with the postmining land use; and (vii) designed by a registered engineer in conformance with professional standards es- tablished to assure the stability, drainage, and configuration necessary for the intended use of the site; (C) the proposed use would be consistent with adjacent land uses, and existing State and local land use plans and programs; (D) the regulatory authority provides the governing body of the unit of general-purpose government in which the land is located and any State or Federal agency which the regu- latory agency, in its discretion, determines to have an interest in the proposed use, an oppor- tunity of not more than sixty days to review and comment on the proposed use; (E) all other requirements of this chapter will be met. (4) In granting any permit pursuant to this subsection the regulatory authority shall re- quire that— (A) the toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion; (B) the reclaimed area is stable; (C) the resulting plateau or rolling contour drains inward from the outslopes except at specified points; (D) no damage will be done to natural water- courses; (E) spoil will be placed on the mountaintop bench as is necessary to achieve the planned postmining land use: Provided, That all excess spoil material not retained on the mountain- top shall be placed in accordance with the pro- visions of subsection (b)(22) of this section; (F) insure stability of the spoil retained on the mountaintop and meet the other require- ments of this chapter; 7 (5) The regulatory authority shall promulgate specific regulations to govern the granting of permits in accord with the provisions of this subsection, and may impose such additional re- quirements as he deems to be necessary. (6) All permits granted under the provisions of this subsection shall be reviewed not more than three years from the date of issuance of the per- mit, unless the applicant affirmatively dem- onstrates that the proposed development is pro- ceeding in accordance with the terms of the ap- proved schedule and reclamation plan. (d) Steep-slope surface coal mining standards The following performance standards shall be applicable to steep-slope surface coal mining and shall be in addition to those general per- formance standards required by this section: Provided, however, That the provisions of this subsection (d) shall not apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or pre- dominantly flat area or where an operator is in compliance with provisions of subsection (c) hereof: (1) Insure that when performing surface coal mining on steep slopes, no debris, abandoned or disabled equipment, spoil material, or waste mineral matter be placed on the downslope below the bench or mining cut: Provided, That spoil material in excess of that required for the reconstruction of the approximate original con- tour under the provisions of subsection (b)(3) or (d)(2) shall be permanently stored pursuant to subsection (b)(22). (2) Complete backfilling with spoil material shall be required to cover completely the highwall and return the site to the appropriate original contour, which material will maintain stability following mining and reclamation. (3) The operator may not disturb land above the top of the highwall unless the regulatory au- thority finds that such disturbance will facili- Page 291 TITLE 30—MINERAL LANDS AND MINING § 1266 tate compliance with the environmental protec- tion standards of this section: Provided, however, That the land disturbed above the highwall shall be limited to that amount necessary to facili- tate said compliance. (4) For the purposes of this subsection (d), the term ‘‘steep slope’’ is any slope above twenty de- grees or such lesser slope as may be defined by the regulatory authority after consideration of soil, climate, and other characteristics of a re- gion or State. (e) Variances to original contour restoration re- quirements (1) Each State program may and each Federal program shall include procedures pursuant to which the regulatory authority may permit variances for the purposes set forth in paragraph (3) of this subsection, provided that the water- shed control of the area is improved; and further provided complete backfilling with spoil mate- rial shall be required to cover completely the highwall which material will maintain stability following mining and reclamation. (2) Where an applicant meets the requirements of paragraphs (3) and (4) of this subsection a variance from the requirement to restore to ap- proximate original contour set forth in sub- section (d)(2) of this section may be granted for the surface mining of coal where the owner of the surface knowingly requests in writing, as a part of the permit application that such a vari- ance be granted so as to render the land, after reclamation, suitable for an industrial, commer- cial, residential, or public use (including rec- reational facilities) in accord with the further provisions of (3) and (4) of this subsection. (3)(A) After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land is deemed to constitute an equal or better economic or public use; (B) is designed and certified by a qualified reg- istered professional engineer in conformance with professional standards established to as- sure the stability, drainage, and configuration necessary for the intended use of the site; and (C) after approval of the appropriate State en- vironmental agencies, the watershed of the af- fected land is deemed to be improved. (4) In granting a variance pursuant to this sub- section the regulatory authority shall require that only such amount of spoil will be placed off the mine bench as is necessary to achieve the planned postmining land use, insure stability of the spoil retained on the bench, meet all other requirements of this chapter, and all spoil place- ment off the mine bench must comply with sub- section (b)(22). (5) The regulatory authority shall promulgate specific regulations to govern the granting of variances in accord with the provisions of this subsection, and may impose such additional re- quirements as he deems to be necessary. (6) All exceptions granted under the provisions of this subsection shall be reviewed not more than three years from the date of issuance of the permit, unless the permittee affirmatively dem- onstrates that the proposed development is pro- ceeding in accordance with the terms of the rec- lamation plan. (f) Standards and criteria for coal mine waste piles The Secretary, with the written concurrence of the Chief of Engineers, shall establish within one hundred and thirty-five days from August 3, 1977, standards and criteria regulating the de- sign, location, construction, operation, mainte- nance, enlargement, modification, removal, and abandonment of new and existing coal mine waste piles referred to in subsection (b)(13) and section 1266(b)(5) of this title. Such standards and criteria shall conform to the standards and criteria used by the Chief of Engineers to insure that flood control structures are safe and effec- tively perform their intended function. In addi- tion to engineering and other technical speci- fications the standards and criteria developed pursuant to this subsection must include provi- sions for: review and approval of plans and speci- fications prior to construction, enlargement, modification, removal, or abandonment; per- formance of periodic inspections during con- struction; issuance of certificates of approval upon completion of construction; performance of periodic safety inspections; and issuance of no- tices for required remedial or maintenance work. (Pub. L. 95–87, title V, § 515, Aug. 3, 1977, 91 Stat. 486; Pub. L. 99–500, § 101(h) [title I, § 123], Oct. 18, 1986, 100 Stat. 1783–242, 1783–267, and Pub. L. 99–591, § 101(h) [title I, § 123], Oct. 30, 1986, 100 Stat. 3341–242, 3341–267; Pub. L. 102–486, title XXV, § 2503(b), Oct. 24, 1992, 106 Stat. 3102.) Editorial Notes REFERENCES IN TEXT Public Law 83–566, referred to in subsec. (b)(8)(B), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Wa- tershed Protection and Flood Prevention Act, which is classified principally to chapter 18 (§ 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 1992—Subsec. (b)(20). Pub. L. 102–486 designated exist- ing provisions as subpar. (A) and added subpar. (B). 1986—Subsec. (b)(10)(B)(ii). Pub. L. 99–500 and Pub. L. 99–591 inserted ‘‘or a qualified registered professional land surveyor in any State which authorizes land sur- veyors to prepare and certify such maps or plans’’. § 1266. Surface effects of underground coal min- ing operations (a) Rules and regulations The Secretary shall promulgate rules and reg- ulations directed toward the surface effects of underground coal mining operations, embodying the following requirements and in accordance with the procedures established under section 1251 of this title: Provided, however, That in adopting any rules and regulations the Sec- retary shall consider the distinct difference be- tween surface coal mining and underground coal mining. Such rules and regulations shall not conflict with nor supersede any provision of the Federal Coal Mine Health and Safety Act of 1969