§1251 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

The Secretary must write and publish temporary rules in the Federal Register within 90 days after August 3, 1977. Those temporary rules must set performance standards for surface coal mining and reclamation based on section 1252(c). The rules must be short and easy to read and are treated as not a major federal action under NEPA. Before finalizing the rules, the Secretary must publish proposed rules and allow at least 30 days for written comments, get written agreement from the EPA Administrator for parts that affect air or water quality under the Clean Air Act and the Federal Water Pollution Control Act, and hold at least one public hearing. Within one year after August 3, 1977, the Secretary must publish permanent rules in the Federal Register. The permanent rules must set the standards and the procedures for State programs and for any Federal program under this law. They must also be short, easy to read, and follow the same steps above before being issued.

Title 30, §1251

Mineral Lands and Mining — Source: USLM XML via OLRC

(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 interim regulatory procedure for surface coal mining 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 section 4332(2)(c) 11 So in original. Probably should be “4332(2)(C)”. of title 42. Such regulations, which shall be concise and written in plain, understandable language shall not be promulgated and published by the Secretary until he has—

(A)published proposed regulations in the Federal Register and afforded interested persons and State and local governments a period of not less than thirty days after such publication to submit written comments thereon;

(B)obtained the written concurrence of the Administrator of the Environmental Protection 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 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.]; and

(C)held at least one public hearing on the proposed regulations.

(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 provisions of this subchapter and establishing procedures and requirements for preparation, submission, and approval of State programs; and development and implementation of Federal programs 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).

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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 chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see

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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

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note set out under section 7401 of Title 42 and Tables.

§1251 Environmental protection standards

Summary

Title 30, §1251

Notes & Related Subsidiaries

Editorial Notes

References in Text

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