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 environmental protection standards. The Secretary shall approve or disapprove a State program, in whole or in part, within six full calendar months after the date such State program was submitted to him. (c) Notice of disapproval If the Secretary disapproves any proposed State program in whole or in part, he shall no- tify the State in writing of his decision and set forth in detail the reasons therefor. The State shall have sixty days in which to resubmit a re- vised State program or portion thereof. The Sec- retary shall approve or disapprove the resub- mitted State program or portion thereof within sixty days from the date of resubmission. (d) Inability of State to take action For the purposes of this section and section 1254 of this title, the inability of a State to take any action the purpose of which is to prepare, submit or enforce a State program, or any por- tion thereof, because the action is enjoined by the issuance of an injunction by any court of competent jurisdiction shall not result in a loss of eligibility for financial assistance under sub- chapters IV and VII of this chapter or in the im- position of a Federal program. Regulation of the surface coal mining and reclamation operations covered or to be covered by the State program subject to the injunction shall be conducted by the State pursuant to section 1252 of this title, until such time as the injunction terminates or for one year, whichever is shorter, at which time the requirements of this section and section 1254 of this title shall again be fully applicable. (Pub. L. 95–87, title V, § 503, Aug. 3, 1977, 91 Stat. 470.) Editorial Notes REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in subsec. (b)(2), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chap- ter 26 (§ 1251 et seq.) of Title 33, Navigation and Navi- gable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Clean Air Act, referred to in subsec. (b)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. § 1254. Federal programs (a) Promulgation and implementation by Sec- retary 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 oper- ations by the end of the eighteen-month pe- riod beginning on August 3, 1977; (2) fails to resubmit an acceptable State pro- gram within sixty days of disapproval of a pro- posed State program: Provided, That the Sec- retary shall not implement a Federal program prior to the expiration of the initial period al- lowed 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 sub- section requires an act of the State legislature, the Secretary may extend the period of submis- sion of a State program up to an additional six months. Promulgation and implementation of a Federal program vests the Secretary with exclu- sive jurisdiction for the regulation and control of surface coal mining and reclamation oper- ations taking place on lands within any State not in compliance with this chapter. After pro- mulgation and implementation of a Federal pro- gram the Secretary shall be the regulatory au- thority. 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 promul- gating 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. Page 276 TITLE 30—MINERAL LANDS AND MINING § 1255 (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 pro- vide for the Federal enforcement, under the pro- visions of section 1271 of this title, 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 pub- lic hearing in the affected State. (d) Review of permits Permits issued pursuant to a previously ap- proved State program shall be valid but review- able under a Federal program. Immediately fol- lowing promulgation of a Federal program, the Secretary shall undertake to review such per- mits to determine that the requirements of this chapter are not violated. If the Secretary deter- mines any permit to have been granted contrary to the requirements of this chapter, he shall so advise the permittee and provide him an oppor- tunity for hearing and a reasonable opportunity for submission of a new application and reason- able time, within a time limit prescribed in reg- ulations promulgated pursuant to section 1251(b) of this title, to conform ongoing surface mining and reclamation operations to the requirements of the Federal program. (e) Submission of State program after implemen- tation of Federal program A State which has failed to obtain the ap- proval of a State program prior to implementa- tion of a Federal program may submit a State program at any time after such implementation. Upon the submission of such a program, the Sec- retary shall follow the procedures set forth in section 1253(b) of this title 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 pro- visions 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 sec- tion, 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 su- perseding State program Permits issued pursuant to the Federal pro- gram 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 regu- latory authority may review such permits to de- termine that the requirements of this chapter and the approved State program are not vio- lated. Should the State program contain addi- tional requirements not contained in the Fed- eral program, the permittee will be provided op- portunity for hearing and a reasonable time, within a time limit prescribed in regulations promulgated pursuant to section 1251 of this title, 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 stat- utes or regulations of such State which are in effect to regulate surface mining and reclama- tion operations subject to this chapter shall, in- sofar as they interfere with the achievement of the purposes and the requirements of this chap- ter and the Federal program, be preempted and superseded by the Federal program. The Sec- retary shall set forth any State law or regula- tion which is preempted and superseded by the Federal program. (h) Coordination of issuance and review of Fed- eral program permits with any other Federal or State permit process Any Federal program shall include a process for coordinating the review and issuance of per- mits for surface mining and reclamation oper- ations with any other Federal or State permit process applicable to the proposed operation. (Pub. L. 95–87, title V, § 504, Aug. 3, 1977, 91 Stat. 471.) § 1255. State laws (a) No State law or regulation in effect on Au- gust 3, 1977, or which may become effective thereafter, shall be superseded by any provision of this chapter or any regulation issued pursu- ant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this chapter. (b) Any provision of any State law or regula- tion in effect upon August 3, 1977, or which may become effective thereafter, which provides for more stringent land use and environmental con- trols and regulations of surface coal mining and reclamation operation than do the provisions of this chapter or any regulation issued pursuant thereto shall not be construed to be inconsistent with this chapter. The Secretary shall set forth any State law or regulation which is construed to be inconsistent with this chapter. Any provi- sion of any State law or regulation in effect on August 3, 1977, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this chapter shall not be construed to be in- consistent with this chapter. (Pub. L. 95–87, title V, § 505, Aug. 3, 1977, 91 Stat. 473.) § 1256. Permits (a) Persons engaged in surface coal mining with- in State; time limit; exception No later than eight months from the date on which a State program is approved by the Sec- retary, pursuant to section 1253 of this title, 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, no person shall engage in or carry out on lands within a