30 U.S.C. § 1251a — Abandoned coal refuse sites

Page 272 TITLE 30—MINERAL LANDS AND MINING § 1251 1 So in original. Probably should be ‘‘4332(2)(C)’’. Federal land under the jurisdiction of that Federal land management agency under a Good Samaritan permit; and ‘‘(2) the Environmental Protection Agency. ‘‘(b) DEPOSITS.—Each Fund shall consist of— ‘‘(1) amounts provided in appropriation Acts; ‘‘(2) any proceeds from reprocessing deposited under section 4(f)(4)(B)(iv); ‘‘(3) any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb); ‘‘(4) any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5); and ‘‘(5) any amounts donated to the Fund by any per- son. ‘‘(c) UNUSED FUNDS.—Amounts in each Fund not cur- rently needed to carry out this Act shall be maintained as readily available or on deposit. ‘‘(d) RETAIN AND USE AUTHORITY.—The Administrator and each head of a Federal land management agency, as appropriate, may, notwithstanding any other provi- sion of law, retain and use money deposited in the ap- plicable Fund without fiscal year limitation for the purpose of carrying out this Act. ‘‘SEC. 6. REPORT TO CONGRESS. ‘‘(a) IN GENERAL.—Not later than 8 years after the date of enactment of this Act [Dec. 17, 2024], the Ad- ministrator, in consultation with the heads of Federal land management agencies, shall submit to the Com- mittee on Environment and Public Works of the Senate and the Committees on Transportation and Infrastruc- ture, Energy and Commerce, and Natural Resources of the House of Representatives a report evaluating the Good Samaritan pilot program under this Act. ‘‘(b) INCLUSIONS.—The report under subsection (a) shall include— ‘‘(1) a description of— ‘‘(A) the number, types, and objectives of Good Samaritan permits granted pursuant to this Act; and ‘‘(B) each remediation project authorized by those Good Samaritan permits; ‘‘(2) interim or final qualitative and quantitative data on the results achieved under the Good Samari- tan permits before the date of issuance of the report; ‘‘(3) a description of— ‘‘(A) any problems encountered in administering this Act; and ‘‘(B) whether the problems have been or can be remedied by administrative action (including amendments to existing law); ‘‘(4) a description of progress made in achieving the purposes of this Act; and ‘‘(5) recommendations on whether the Good Samari- tan pilot program under this Act should be contin- ued, including a description of any modifications (in- cluding amendments to existing law) required to con- tinue administering this Act.’’ DEFINITIONS For definition of ‘‘Indian Tribe’’ as used in this sec- tion, see section 5304 of Title 25, Indians, as made appli- cable by section 18701(2) of Title 42, The Public Health and Welfare. SUBCHAPTER V—CONTROL OF THE ENVI- RONMENTAL IMPACTS OF SURFACE COAL MINING § 1251. Environmental protection standards (a) Not later than the end of the ninety-day period immediately following August 3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering an in- terim regulatory procedure for surface coal min- ing and reclamation operations setting mining and reclamation performance standards based on and incorporating the provisions set out in section 1252(c) of this title. The issuance of the interim regulations shall be deemed not to be a major Federal action within the meaning of sec- tion 4332(2)(c) 1 of title 42. Such regulations, which shall be concise and written in plain, un- derstandable language shall not be promulgated and published by the Secretary until he has— (A) published proposed regulations in the Federal Register and afforded interested per- sons and State and local governments a period of not less than thirty days after such publica- tion to submit written comments thereon; (B) obtained the written concurrence of the Administrator of the Environmental Protec- tion Agency with respect to those regulations promulgated under this section which relate to air or water quality standards promulgated under the authority of the Federal Water Pol- lution 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.]; and (C) held at least one public hearing on the proposed regulations. The date, time, and place of any hearing held on the proposed regulations shall be set out in the publication of the proposed regulations. The Secretary shall consider all comments and rel- evant data presented at such hearing before final promulgation and publication of the regu- lations. (b) Not later than one year after August 3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering a permanent regulatory procedure for surface coal mining and reclamation operations performance standards based on and conforming to the provi- sions of this subchapter and establishing proce- dures and requirements for preparation, submis- sion, and approval of State programs; and devel- opment and implementation of Federal pro- grams under the subchapter. The Secretary shall promulgate these regulations, which shall be concise and written in plain, understandable language in accordance with the procedures in subsection (a). (Pub. L. 95–87, title V, § 501, Aug. 3, 1977, 91 Stat. 467.) Editorial Notes REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in subsec. (a)(B), 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. (a)(B), 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. § 1251a. Abandoned coal refuse sites (1) Notwithstanding any other provision of the Surface Mining Control and Reclamation Act of Page 273 TITLE 30—MINERAL LANDS AND MINING § 1252 1977 [30 U.S.C. 1201 et seq.] to the contrary, the Secretary of the Interior shall, within one year after October 24, 1992, publish proposed regula- tions in the Federal Register, and after oppor- tunity for public comment publish final regula- tions, establishing environmental protection performance and reclamation standards, and separate permit systems applicable to oper- ations for the on-site reprocessing of abandoned coal refuse and operations for the removal of abandoned coal refuse on lands that would oth- erwise be eligible for expenditure under section 404 and section 402(g)(4) of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1234, 1232(g)(4)]. (2) The standards and permit systems referred to in paragraph (1) shall distinguish between those operations which reprocess abandoned coal refuse on-site, and those operations which completely remove abandoned coal refuse from a site for the direct use of such coal refuse, or for the reprocessing of such coal refuse, at another location. Such standards and permit systems shall be premised on the distinct differences be- tween operations for the on-site reprocessing, and operations for the removal, of abandoned coal refuse and other types of surface coal min- ing operations. (3) The Secretary of the Interior may devise a different standard than any of those set forth in section 515 and section 516 of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1265, 1266], and devise a separate permit system, if he determines, on a standard-by-standard basis, that a different standard may facilitate the on-site reprocessing, or the removal, of abandoned coal refuse in a manner that would provide the same level of environmental protec- tion as under section 515 and section 516. (4) Not later than 30 days prior to the publica- tion of the proposed regulations referred to in this section, the Secretary shall submit a report to the Committee on Interior and Insular Affairs of the United States House of Representatives, and the Committee on Energy and Natural Re- sources of the United States Senate containing a detailed description of any environmental pro- tection performance and reclamation standards, and separate permit systems, devised pursuant to this section. (Pub. L. 102–486, title XXV, § 2503(e), Oct. 24, 1992, 106 Stat. 3103.) Editorial Notes REFERENCES IN TEXT The Surface Mining Control and Reclamation Act of 1977, referred to in par. (1), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445, which is classified generally to this chap- ter (§ 1201 et seq.). For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1201 of this title and Tables. CODIFICATION Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chap- ter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Re- sources of House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. § 1252. Initial regulatory procedures (a) State regulation No person shall open or develop any new or previously mined or abandoned site for surface coal mining operations on lands on which such operations are regulated by a State unless such person has obtained a permit from the State’s regulatory authority. (b) Interim standards All surface coal mining operations on lands on which such operations are regulated by a State which commence operations pursuant to a per- mit issued on or after six months from August 3, 1977, shall comply, and such permits shall con- tain terms requiring compliance with, the provi- sions set out in subsection (c) of this section. Prior to final disapproval of a State program or prior to promulgation of a Federal program or a Federal lands program pursuant to this chapter, a State may issue such permits. (c) Full compliance with environmental protec- tion performance standards On and after nine months from August 3, 1977, all surface coal mining operations on lands on which such operations are regulated by a State shall comply with the provisions of subsections (b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(15), (b)(19), and (d) of section 1265 of this title or, where a surface coal mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining, such operation shall com- ply with the requirements of section 1265(c)(4) and (5) of this title without regard to the re- quirements of section 1265(b)(3) or (d)(2) and (3) of this title, with respect to lands from which overburden and the coal seam being mined have not been removed: Provided, however, That sur- face coal mining operations in operation pursu- ant to a permit issued by a State before August 3, 1977, issued to a person as defined in section 1291(19) of this title in existence prior to May 2, 1977 and operated by a person whose total an- nual production of coal from surface and under- ground coal mining operations does not exceed one hundred thousand tons shall not be subject to the provisions of this subsection except with reference to the provision of section 1265(d)(1) of this title until January 1, 1979. (d) Permit application Not later than two months following the ap- proval of a State program pursuant to section 1253 of this title or the implementation of a Fed- eral program pursuant to section 1254 of this title, regardless of litigation contesting that ap- proval or implementation, all operators of sur- face coal mines in expectation of operating such mines after the expiration of eight months from the approval of a State program or the imple- mentation of a Federal program, shall file an ap- plication for a permit with the regulatory au- thority. Such application shall cover those lands to be mined after the expiration of eight months from the approval of a State program or the im-