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

Page 299 TITLE 30—MINERAL LANDS AND MINING § 1272 1 So in original. Probably should be ‘‘subsection’’. (b) Inadequate State enforcement; notice and hearing Whenever on the basis of information avail- able to him, the Secretary has reason to believe that violations of all or any part of an approved State program result from a failure of the State to enforce such State program or any part there- of effectively, he shall after public notice and notice to the State, hold a hearing thereon in the State within thirty days of such notice. If as a result of said hearing the Secretary finds that there are violations and such violations result from a failure of the State to enforce all or any part of the State program effectively, and if he further finds that the State has not adequately demonstrated its capability and intent to en- force such State program, he shall give public notice of such finding. During the period begin- ning with such public notice and ending when such State satisfies the Secretary that it will enforce this chapter, the Secretary shall en- force, in the manner provided by this chapter, any permit condition required under this chap- ter, shall issue new or revised permits in accord- ance with requirements of this chapter, and may issue such notices and orders as are necessary for compliance therewith: Provided, That in the case of a State permittee who has met his obli- gations under such permit and who did not will- fully secure the issuance of such permit through fraud or collusion, the Secretary shall give the permittee a reasonable time to conform ongoing surface mining and reclamation to the require- ments of this chapter before suspending or re- voking the State permit. (c) Civil action for relief The Secretary may request the Attorney Gen- eral to institute a civil action for relief, includ- ing a permanent or temporary injunction, re- straining order, or any other appropriate order in the district court of the United States for the district in which the surface coal mining and reclamation operation is located or in which the permittee thereof has his principal office, when- ever such permittee or his agent (A) violates or fails or refuses to comply with any order or deci- sion issued by the Secretary under this chapter, or (B) interferes with, hinders, or delays the Secretary or his authorized representatives in carrying out the provisions of this chapter, or (C) refuses to admit such authorized representa- tive to the mine, or (D) refuses to permit inspec- tion of the mine by such authorized representa- tive, or (E) refuses to furnish any information or report requested by the Secretary in furtherance of the provisions of this chapter, or (F) refuses to permit access to, and copying of, such records as the Secretary determines necessary in car- rying out the provisions of this chapter. Such court shall have jurisdiction to provide such re- lief as may be appropriate. Temporary restrain- ing orders shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure, as amended. Any relief granted by the court to enforce an order under clause (A) of this sec- tion 1 shall continue in effect until the comple- tion or final termination of all proceedings for review of such order under this subchapter, un- less, prior thereto, the district court granting such relief sets it aside or modifies it. (d) Sanctions; effect on additional enforcement rights under State law As a condition of approval of any State pro- gram submitted pursuant to section 1253 of this title, the enforcement provisions thereof shall, at a minimum, incorporate sanctions no less stringent than those set forth in this section, and shall contain the same or similar procedural requirements relating thereto. Nothing herein shall be construed so as to eliminate any addi- tional enforcement rights or procedures which are available under State law to a State regu- latory authority but which are not specifically enumerated herein. (Pub. L. 95–87, title V, § 521, Aug. 3, 1977, 91 Stat. 504.) Editorial Notes REFERENCES IN TEXT Rule 65 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (c), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. § 1272. Designating areas unsuitable for surface coal mining (a) Establishment of State planning process; standards; State process requirements; inte- gration with present and future land use planning and regulation processes; savings provisions (1) To be eligible to assume primary regu- latory authority pursuant to section 1253 of this title, each State shall establish a planning proc- ess enabling objective decisions based upon com- petent and scientifically sound data and infor- mation 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 stand- ards set forth in paragraphs (2) and (3) of this subsection but such designation shall not pre- vent 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 eco- nomically feasible. (3) Upon petition pursuant to subsection (c) of this section, a surface area may be designated unsuitable for certain types of surface coal min- ing 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, sci- entific, and esthetic values and natural sys- tems; or (C) affect renewable resource lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products, and such lands to include aquifers and aquifer re- charge areas; or Page 300 TITLE 30—MINERAL LANDS AND MINING § 1272 1 So in original. Probably should be ‘‘therefor.’’ (D) affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas sub- ject to frequent flooding and areas of unstable geology. (4) To comply with this section, a State must demonstrate it has developed or is developing a process which includes— (A) a State agency responsible for surface coal mining lands review; (B) a data base and an inventory system which will permit proper evaluation of the ca- pacity of different land areas of the State to support and permit reclamation of surface coal mining operations; (C) a method or methods for implementing land use planning decisions concerning surface coal mining operations; and (D) proper notice, opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section. (5) Determinations of the unsuitability of land for surface coal mining, as provided for in this section, shall be integrated as closely as possible with present and future land use planning and regulation processes at the Federal, State, and local levels. (6) The requirements of this section shall not apply to lands on which surface coal mining op- erations are being conducted on August 3, 1977, or under a permit issued pursuant to this chap- ter, or where substantial legal and financial commitments in such operation were in exist- ence prior to January 4, 1977. (b) Review of Federal lands The Secretary shall conduct a review of the Federal lands to determine, pursuant to the standards set forth in paragraphs (2) and (3) of subsection (a) of this section, whether there are areas on Federal lands which are unsuitable for all or certain types of surface coal mining oper- ations: Provided, however, That the Secretary may permit surface coal mining on Federal lands prior to the completion of this review. When the Secretary determines an area on Fed- eral lands to be unsuitable for all or certain types of surface coal mining operations, he shall withdraw such area or condition any mineral leasing or mineral entries in a manner so as to limit surface coal mining operations on such area. Where a Federal program has been imple- mented in a State pursuant to section 1254 of this title, the Secretary shall implement a proc- ess for designation of areas unsuitable for sur- face coal mining for non-Federal lands within such State and such process shall incorporate the standards and procedures of this section. Prior to designating Federal lands unsuitable for such mining, the Secretary shall consult with the appropriate State and local agencies. (c) Petition; intervention; decision Any person having an interest which is or may be adversely affected shall have the right to pe- tition the regulatory authority to have an area designated as unsuitable for surface coal mining operations, or to have such a designation termi- nated. Such a petition shall contain allegations of facts with supporting evidence which would tend to establish the allegations. Within ten months after receipt of the petition the regu- latory authority shall hold a public hearing in the locality of the affected area, after appro- priate notice and publication of the date, time, and location of such hearing. After a person hav- ing an interest which is or may be adversely af- fected has filed a petition and before the hear- ing, as required by this subsection, any person may intervene by filing allegations of facts with supporting evidence which would tend to estab- lish the allegations. Within sixty days after such hearing, the regulatory authority shall issue and furnish to the petitioner and any other party to the hearing, a written decision regard- ing the petition, and the reasons therefore.1 In the event that all the petitioners stipulate agreement prior to the requested hearing, and withdraw their request, such hearing need not be held. (d) Statement Prior to designating any land areas as unsuit- able for surface coal mining operations, the reg- ulatory authority shall prepare a detailed state- ment on (i) the potential coal resources of the area, (ii) the demand for coal resources, and (iii) the impact of such designation on the environ- ment, the economy, and the supply of coal. (e) Prohibition on certain Federal public and private surface coal mining operations After August 3, 1977, and subject to valid exist- ing rights no surface coal mining operations ex- cept those which exist on August 3, 1977, shall be permitted— (1) on any lands within the boundaries of units of the National Park System, the Na- tional Wildlife Refuge Systems, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Riv- ers System, including study rivers designated under section 1276(a) of title 16 and National Recreation Areas designated by Act of Con- gress; (2) on any Federal lands within the bound- aries of any national forest: Provided, however, That surface coal mining operations may be permitted on such lands if the Secretary finds that there are no significant recreational, tim- ber, economic, or other values which may be incompatible with such surface mining oper- ations and— (A) surface operations and impacts are in- cident to an underground coal mine; or (B) where the Secretary of Agriculture de- termines, with respect to lands which do not have significant forest cover within those national forests west of the 100th meridian, that surface mining is in compliance with the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528–531], the Federal Coal Leasing Amendments Act of 1975, the National For- est Management Act of 1976, and the provi- sions of this chapter: And provided further, That no surface coal mining operations may be permitted within the boundaries of the Custer National Forest; (3) which will adversely affect any publicly owned park or places included in the National Page 301 TITLE 30—MINERAL LANDS AND MINING § 1273 1 So in original. Probably should be ‘‘201(a)(2)(B)’’. Register of Historic Sites unless approved jointly by the regulatory authority and the Federal, State, or local agency with jurisdic- tion over the park or the historic site; (4) within one hundred feet of the outside right-of-way line of any public road, except where mine access roads or haulage roads join such right-of-way line and except that the reg- ulatory authority may permit such roads to be relocated or the area affected to lie within one hundred feet of such road, if after public no- tice and opportunity for public hearing in the locality a written finding is made that the in- terests of the public and the landowners af- fected thereby will be protected; or (5) within three hundred feet from any occu- pied dwelling, unless waived by the owner thereof, nor within three hundred feet of any public building, school, church, community, or institutional building, public park, or within one hundred feet of a cemetery. (Pub. L. 95–87, title V, § 522, Aug. 3, 1977, 91 Stat. 507.) Editorial Notes REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, re- ferred to in subsec. (e)(2)(B), is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, which is classified generally to sec- tions 528 to 531 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 528 of Title 16 and Tables. The Federal Coal Leasing Amendments Act of 1975, referred to in subsec. (e)(2)(B), is Pub. L. 94–377, Aug. 4, 1976, 90 Stat. 1083, which was redesignated the Federal Coal Leasing Amendments Act of 1976 by Pub. L. 95–554, § 8, Oct. 30, 1978, 92 Stat. 2075, and which enacted sec- tions 202a, 208–1, and 208–2 of this title, amended sec- tions 184, 191, 201, 203, 207, 209, and 352 of this title, re- pealed sections 201–1 and 204 of this title, and enacted provisions set out as notes under sections 181, 184, 201, 201–1, 203, and 204 of this title. For complete classifica- tion of this Act to the Code, see Short Title of 1976 Amendment note set out under section 181 of this title and Tables. The National Forest Management Act of 1976, re- ferred to in subsec. (e)(2)(B), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of Title 16, Conservation, amended sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of Title 16, repealed sections 476, 513, and 514 of Title 16, enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of Title 16. For complete classi- fication of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of Title 16 and Tables. § 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 oper- ations taking place pursuant to any Federal law on any Federal lands: Provided, That except as provided in section 1300 of this title the provi- sions of this chapter shall not be applicable to Indian lands. The Federal lands program shall, at a minimum, incorporate all of the require- ments of this chapter and shall take into consid- eration 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 in- volved, the Federal lands program shall, at a minimum, include the requirements of the ap- proved State program: Provided, That the Sec- retary shall retain his duties under sections 201(a), (2)(B) 1 and 201(a)(3) of this title, and shall continue to be responsible for designation of Federal lands as unsuitable for mining in ac- cordance with section 1272(b) of this title. (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 Fed- eral lands program or an approved State pro- gram for State regulation of surface coal mining on Federal lands under subsection (c), whichever is applicable, shall be incorporated by reference or otherwise in any Federal mineral lease, per- mit, or contract issued by the Secretary which may involve surface coal mining and reclama- tion operations. Incorporation of such require- ments shall not, however, limit in any way the authority of the Secretary to subsequently issue new regulations, revise the Federal lands pro- gram to deal with changing conditions or changed technology, and to require any surface mining and reclamation operations to conform with the requirements of this chapter and the regulations issued pursuant to this chapter. (c) State cooperative agreements Any State with an approved State program may elect to enter into a cooperative agreement with the Secretary to provide for State regula- tion of surface coal mining and reclamation op- erations on Federal lands within the State, pro- vided the Secretary determines in writing that such State has the necessary personnel and funding to fully implement such a cooperative agreement in accordance with the provision of this chapter. States with cooperative agree- ments existing on August 3, 1977, may elect to continue regulation on Federal lands within the State, prior to approval by the Secretary of their State program, or imposition of a Federal program, provided that such existing coopera- tive agreement is modified to fully comply with the initial regulatory procedures set forth in section 1252 of this title. Nothing in this sub- section shall be construed as authorizing the Secretary to delegate to the States his duty to approve mining plans on Federal lands, to des- ignate certain Federal lands as unsuitable for surface coal mining pursuant to section 1272 of this title, or to regulate other activities taking place on Federal lands. (d) Development of program to assure no unrea- sonable denial to any class of coal pur- chasers The Secretary shall develop a program to as- sure that with respect to the granting of per- mits, leases, or contracts for coal owned by the United States, that no class of purchasers of the mined coal shall be unreasonably denied pur- chase thereof.