30 U.S.C. § 1273 — Federal lands

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1611 to 1614 of Title 16, Conservation, amended sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of Title 16, repealed sections 476, 513, and 514 of Title 16, enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of Title 16.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. Page 302 TITLE 30—MINERAL LANDS AND MINING § 1274 (Pub. L. 95–87, title V, § 523, Aug. 3, 1977, 91 Stat. 510.) § 1274. Public agencies, public utilities, and pub- lic corporations Any agency, unit, or instrumentality of Fed- eral, State, or local government, including any publicly owned utility or publicly owned cor- poration of Federal, State, or local government, which proposes to engage in surface coal mining operations which are subject to the require- ments of this chapter shall comply with the pro- visions of this subchapter. (Pub. L. 95–87, title V, § 524, Aug. 3, 1977, 91 Stat. 511.) § 1275. Review by Secretary (a) Application for review of order or notice; in- vestigation; hearing; notice (1) A permittee issued a notice or order by the Secretary pursuant to the provisions of para- graphs (2) and (3) of subsection (a) of section 1271 of this title, or pursuant to a Federal program or the Federal lands program or any person hav- ing an interest which is or may be adversely af- fected by such notice or order or by any modi- fication, vacation, or termination of such notice or order, may apply to the Secretary for review of the notice or order within thirty days of re- ceipt thereof or within thirty days of its modi- fication, vacation, or termination. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems ap- propriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present informa- tion relating to the issuance and continuance of such notice or order or the modification, vaca- tion, or termination thereof. The filing of an ap- plication for review under this subsection shall not operate as a stay of any order or notice. (2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to section 554 of title 5. (b) Findings of fact; issuance of decision Upon receiving the report of such investiga- tion, the Secretary shall make findings of fact, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order, or the modi- fication, vacation, or termination of such notice or order complained of and incorporate his find- ings therein. Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pur- suant to the provisions of paragraph (2) or (3) of subsection (a) of section 1271 of this title, the Secretary shall issue the written decision within thirty days of the receipt of the application for review, unless temporary relief has been granted by the Secretary pursuant to subsection (c) of this section or by the court pursuant to sub- section (c) of section 1276 of this title. (c) Temporary relief; issuance of order or deci- sion granting or denying relief Pending completion of the investigation and hearing required by this section, the applicant may file with the Secretary a written request that the Secretary grant temporary relief from any notice or order issued under section 1271 of this title, a Federal program or the Federal lands program together with a detailed state- ment giving reasons for granting such relief. The Secretary shall issue an order or decision granting or denying such relief expeditiously: Provided, That where the applicant requests re- lief from an order for cessation of coal mining and reclamation operations issued pursuant to paragraph (2) or (3) of subsection (a) of section 1271 of this title, the order or decision on such a request shall be issued within five days of its re- ceipt. The Secretary may grant such relief, under such conditions as he may prescribe, if— (1) a hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an oppor- tunity to be heard; (2) the applicant shows that there is substan- tial likelihood that the findings of the Sec- retary will be favorable to him; and (3) such relief will not adversely affect the health or safety of the public or cause signifi- cant, imminent environmental harm to land, air, or water resources. (d) Notice and hearing with respect to section 1271 order to show cause Following the issuance of an order to show cause as to why a permit should not be sus- pended or revoked pursuant to section 1271 of this title, the Secretary shall hold a public hear- ing after giving written notice of the time, place, and date thereof. Any such hearing shall be of record and shall be subject to section 554 of title 5. Within sixty days following the public hearing, the Secretary shall issue and furnish to the permittee and all other parties to the hear- ing a written decision, and the reasons therefor, concerning suspension or revocation of the per- mit. If the Secretary revokes the permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall complete reclamation within a period specified by the Secretary, or the Secretary shall declare as forfeited the performance bonds for the oper- ation. (e) Costs Whenever an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as deter- mined by the Secretary to have been reasonably incurred by such person for or in connection with his participation in such proceedings, in- cluding any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review or the Sec- retary, resulting from administrative pro- ceedings, deems proper. (Pub. L. 95–87, title V, § 525, Aug. 3, 1977, 91 Stat. 511.)