30 U.S.C. § 1300 — Indian lands

Page 310 TITLE 30—MINERAL LANDS AND MINING § 1299 (d) Modification of applicability of environ- mental protection provisions of this chapter to surface coal mining operations in Alaska; publication in Federal Register; hearing Until one year after the Secretary has made this report to the President and Congress, or three years after August 3, 1977, whichever comes first, the Secretary is authorized to mod- ify the applicability of any environmental pro- tection provision of this chapter, or any regula- tion issued pursuant thereto, to any surface coal mining operation in Alaska from which coal has been mined during the year preceding August 3, 1977, if he determines that it is necessary to in- sure the continued operation of such surface coal mining operation. The Secretary may exer- cise this authority only after he has (1) pub- lished notice of proposed modification in the Federal Register and in a newspaper of general circulation in the area of Alaska in which the affected surface coal mining operation is lo- cated, and (2) held a public hearing on the pro- posed modification in Alaska. (e) Interim regulations In order to allow new mines in Alaska to con- tinue orderly development, the Secretary is au- thorized to issue interim regulations pursuant to section 1251(b) of this title including those modifications to the environmental standards as required based on the special physical, hydrological and climatic conditions in Alaska but with the purpose of protecting the environ- ment to an extent equivalent to those standards for the other coal regions. (f) Authorization of appropriations There is authorized to be appropriated for the purpose of this section $250,000: Provided, That no new budget authority is authorized to be ap- propriated for fiscal year 1977. (Pub. L. 95–87, title VII, § 708, Aug. 3, 1977, 91 Stat. 521.) § 1299. Study of reclamation standards for sur- face mining of other minerals (a) Contract with National Academy of Sciences- National Academy of Engineering; require- ments The Chairman of the Council on Environ- mental Quality is directed to contract to such extent or in such amounts as are provided in ap- propriation Acts with the National Academy of Sciences-National Academy of Engineering, other Government agencies or private groups as appropriate, for an in-depth study of current and developing technology for surface and open pit mining and reclamation for minerals other than coal designed to assist in the establishment of effective and reasonable regulation of surface and open pit mining and reclamation for min- erals other than coal. The study shall— (1) assess the degree to which the require- ments of this chapter can be met by such tech- nology and the costs involved; (2) identify areas where the requirements of this chapter cannot be met by current and de- veloping technology; (3) in those instances describe requirements most comparable to those of this chapter which could be met, the costs involved, and the differences in reclamation results between these requirements and those of this chapter; and (4) discuss alternative regulatory mecha- nisms designed to insure the achievement of the most beneficial postmining land use for areas affected by surface and open pit mining. (b) Submittal of study with legislative rec- ommendation to President and Congress The study together with specific legislative recommendations shall be submitted to the President and the Congress no later than eight- een months after August 3, 1977: Provided, That, with respect to surface or open pit mining for sand and gravel the study shall be submitted no later than twelve months after August 3, 1977: Provided further, That with respect to mining for oil shale and tar sands that a preliminary report shall be submitted no later than twelve months after August 3, 1977. (c) Authorization of appropriations There are authorized to be appropriated for the purpose of this section $500,000: Provided, That no new budget authority is authorized to be appropriated for fiscal year 1977. (Pub. L. 95–87, title VII, § 709, Aug. 3, 1977, 91 Stat. 522.) § 1300. Indian lands (a) Study of regulation of surface mining; con- sultation with tribe; proposed legislation The Secretary is directed to study the ques- tion of the regulation of surface mining on In- dian 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 legisla- tion designed to allow Indian tribes to elect to assume full regulatory authority over the ad- ministration 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) to- gether with drafts of proposed legislation and the view of each Indian tribe which would be af- fected shall be submitted to the Congress as soon as possible but not later than January 1, 1978. (c) Compliance with interim environmental pro- tection standards of this chapter On and after one hundred and thirty-five days from August 3, 1977, all surface coal mining op- erations on Indian lands shall comply with re- quirements at least as stringent as those im- posed by subsections (b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(19), and (d) of section 1265 of this title and the Secretary shall incorporate the require- ments 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 In- dian lands shall comply with requirements at least as stringent as those imposed by sections Page 311 TITLE 30—MINERAL LANDS AND MINING § 1300 1 So in original. Probably should be ‘‘lands’’. 1257, 1258, 1259, 1260, 1265, 1266, 1267, and 1269 of this title and the Secretary shall incorporate the requirements of such provisions in all exist- ing and new leases issued for coal on Indian lands. (e) Inclusion and enforcement of terms and con- ditions of leases With respect to leases issued after August 3, 1977, the Secretary shall include and enforce terms and conditions in addition to those re- quired by subsections (c) and (d) as may be re- quested by the Indian tribe in such leases. (f) Approval of changes in terms and conditions of leases Any change required by subsection (c) or (d) of this section in the terms and conditions of any coal lease on Indian lands existing on August 3, 1977, shall require the approval of the Secretary. (g) Participation of tribes The Secretary shall provide for adequate par- ticipation by the various Indian tribes affected in the study authorized in this section and not more than $700,000 of the funds authorized in section 1302(a) of this title shall be reserved for this purpose. (h) Jurisdictional status The Secretary shall analyze and make rec- ommendations regarding the jurisdictional sta- tus of Indian Lands 1 outside the exterior bound- aries of Indian reservations: Provided, That nothing in this chapter shall change the existing jurisdictional status of Indian Lands.1 (i) Grants The Secretary shall make grants to the Nav- ajo, Hopi, Northern Cheyenne, and Crow tribes to assist such tribes in developing regulations and programs for regulating surface coal mining and reclamation operations on Indian lands. Grants made under this subsection shall be used to establish an office of surface mining regula- tion for each such tribe. Each such office shall— (1) develop tribal regulations and program policies with respect to surface mining; (2) assist the Office of Surface Mining Rec- lamation and Enforcement established by sec- tion 1211 of this title in the inspection and en- forcement of surface mining activities on In- dian lands, including, but not limited to, per- mitting, mine plan review, and bond release; and (3) sponsor employment training and edu- cation in the area of mining and mineral re- sources. (j) Tribal regulatory authority (1) Tribal regulatory programs (A) In general Notwithstanding any other provision of law, an Indian tribe may apply for, and ob- tain the approval of, a tribal program under section 1253 of this title regulating in whole or in part surface coal mining and reclama- tion operations on reservation land under the jurisdiction of the Indian tribe using the procedures of section 1254(e) of this title. (B) References to State For purposes of this subsection and the im- plementation and administration of a tribal program under subchapter V, any reference to a ‘‘State’’ in this chapter shall be consid- ered to be a reference to a ‘‘tribe’’. (2) Conflicts of interest (A) In general The fact that an individual is a member of an Indian tribe does not in itself constitute a violation of section 1211(f) of this title. (B) Employees of tribal regulatory authority Any employee of a tribal regulatory au- thority shall not be eligible for a per capita distribution of any proceeds from coal min- ing operations conducted on Indian reserva- tion lands under this chapter. (3) Sovereign immunity To receive primary regulatory authority under section 1254(e) of this title, an Indian tribe shall waive sovereign immunity for pur- poses of section 1270 of this title and para- graph (4). (4) Judicial review (A) Civil actions (i) In general After exhausting all tribal remedies with respect to a civil action arising under a tribal program approved under section 1254(e) of this title, an interested party may file a petition for judicial review of the civil action in the United States cir- cuit court for the circuit in which the sur- face coal mining operation named in the petition is located. (ii) Scope of review (I) Questions of law The United States circuit court shall review de novo any questions of law under clause (i). (II) Findings of fact The United States circuit court shall review findings of fact under clause (i) using a clearly erroneous standard. (B) Criminal actions Any criminal action brought under section 1268 of this title with respect to surface coal mining or reclamation operations on Indian reservation lands shall be brought in— (i) the United States District Court for the District of Columbia; or (ii) the United States district court in which the criminal activity is alleged to have occurred. (5) Grants (A) In general Except as provided in subparagraph (B), grants for developing, administering, and en- forcing tribal programs approved in accord- ance with section 1254(e) of this title shall be provided to an Indian tribe in accordance with section 1295 of this title. (B) Exception Notwithstanding subparagraph (A), the Federal share of the costs of developing, ad- Page 312 TITLE 30—MINERAL LANDS AND MINING § 1301 ministering, and enforcing an approved trib- al program shall be 100 percent. (6) Report Not later than 18 months after the date on which a tribal program is approved under sub- section (e) of section 1254 of this title, the Sec- retary shall submit to the appropriate com- mittees of Congress a report, developed in co- operation with the applicable Indian tribe, on the tribal program that includes a rec- ommendation of the Secretary on whether pri- mary regulatory authority under that sub- section should be expanded to include addi- tional Indian lands. (Pub. L. 95–87, title VII, § 710, Aug. 3, 1977, 91 Stat. 523; Pub. L. 102–486, title XXV, § 2514, Oct. 24, 1992, 106 Stat. 3112; Pub. L. 109–432, div. C, title II, § 209, Dec. 20, 2006, 120 Stat. 3019.) Editorial Notes AMENDMENTS 2006—Subsec. (i). Pub. L. 109–432, § 209(b), struck out ‘‘, except that nothing in this subsection may be con- strued as providing such tribes with the authorities set forth under section 1253 of this title’’ after ‘‘Indian lands’’ in introductory provisions. Subsec. (j). Pub. L. 109–432, § 209(a), added subsec. (j). 1992—Subsec. (i). Pub. L. 102–486 added subsec. (i). § 1301. Experimental practices In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, or public use (including recreational facilities), the regulatory authority with approval by the Secretary may authorize departures in indi- vidual cases on an experimental basis from the environmental protection performance stand- ards promulgated under sections 1265 and 1266 of this title. Such departures may be authorized if (i) the experimental practices are potentially more or at least as environmentally protective, during and after mining operations, as those re- quired by promulgated standards; (ii) the mining operations approved for particular land-use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and (iii) the experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards. (Pub. L. 95–87, title VII, § 711, Aug. 3, 1977, 91 Stat. 523.) § 1302. Authorization of appropriations There is authorized to be appropriated to the Secretary for the purposes of this chapter the following sums; and all such funds appropriated shall remain available until expended: (a) For the implementation and funding of sec- tions 1252, 1273, and 1300 of this title, there are authorized to be appropriated to the Secretary of the Interior the sum of $10,000,000 for the fis- cal year ending September 30, 1978, $25,000,000 for each of the two succeeding fiscal years, and in such fiscal years such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs. (b) For the implementation and funding of sec- tion 1257(c) of this title, see the provisions of section 1231(c)(9) of this title. (c) For the implementation and funding of sec- tion 1295 of this title and for the administrative and other purposes of this chapter, except as otherwise provided for in this chapter, author- ization is provided for the sum of $20,000,000 for the fiscal year ending September 30, 1978, and $30,000,000 for each of the two succeeding fiscal years and such funds that are required there- after. (d) In order that the implementation of the re- quirements of this chapter may be initiated in a timely and orderly manner, the Secretary is au- thorized, subject to the approval of the appro- priation Committees of the House and of the Senate, to utilize not to exceed $2,000,000 of the appropriations otherwise available to him for the fiscal year ending September 30, 1977, for the administration and other purposes of the chap- ter. (Pub. L. 95–87, title VII, § 712, Aug. 3, 1977, 91 Stat. 524; Pub. L. 95–343, § 1, Aug. 11, 1978, 92 Stat. 473; Pub. L. 101–508, title VI, § 6012(b), Nov. 5, 1990, 104 Stat. 1388–298; Pub. L. 109–432, div. C, title II, § 201(b), Dec. 20, 2006, 120 Stat. 3008.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–432 substituted ‘‘1231(c)(9)’’ for ‘‘1231(c)(11)’’. 1990—Subsec. (b). Pub. L. 101–508 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘For the implementation and funding of section 1257(c) of this title there are authorized to be appro- priated sums reserved by section 1231(b)(1) of this title for the purposes of section 1257(c) of this title and such additional sums as may be necessary (i) for the fiscal year ending September 30, 1978, to provide an amount not to exceed $10,000,000 to carry out the purposes of section 1257(c) of this title and (ii) for the fiscal years ending September 30, 1979, and September 30, 1980, to provide an amount not to exceed $25,000,000 to carry out the purposes of section 1257(c) of this title.’’ 1978—Subsec. (a). Pub. L. 95–343, § 1(1), increased au- thorization from $10,000,000 to $25,000,000 for each of the two succeeding fiscal years, and inserted provisions au- thorizing such necessary additional amounts for in- creases in salary, etc. Subsec. (b). Pub. L. 95–343, § 1(2), substituted provi- sions authorizing appropriations of not to exceed $10,000,000 for fiscal year ending Sept. 30, 1978, and not to exceed $25,000,000 for each of fiscal years ending Sept. 30, 1979, and 1980, for provisions authorizing ap- propriations of not to exceed $10,000,000 and such addi- tional amounts as are necessary for fiscal year ending Sept. 30, 1978, and for each fiscal year for a period of fif- teen fiscal years thereafter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–508, effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title. CREDITING PERFORMANCE BOND FORFEITURES Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–244, provided in part that: ‘‘Not- withstanding 31 U.S.C. 3302, an additional amount shall be credited to this account, to remain available until expended, from performance bond forfeitures in fiscal year 1999 and thereafter.’’