§1253 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

States with surface coal mining on non-Federal land that want to run their own mining and reclamation program must send a program to the Secretary by the end of the eighteenth-month period beginning on August 3, 1977. The program must show the State can do the job. That means a state law to regulate mining, enforceable penalties (including civil and criminal actions, bond forfeiture, suspensions, revocations, withholding permits, and cease-and-desist orders), a properly funded regulatory agency with trained staff, a permit system, a process to designate areas unsuitable for mining (Federal lands unsuitable for mining are designated by the Secretary after consulting the State), a way to coordinate permits with other Federal or State permit processes to avoid duplication, and rules that match the Secretary’s regulations. The Secretary will not approve a program until he asks for and publicizes the views of EPA, the Secretary of Agriculture, and other Federal agencies; gets written EPA agreement on air and water quality parts under the Clean Water Act and Clean Air Act; holds at least one public hearing in the State; and finds the State has the legal authority and qualified staff. If the Secretary disapproves, he must give written reasons. The State then has 60 days to resubmit, and the Secretary has 60 days to act on the resubmission. If a court injunction prevents a State from acting, the State does not lose eligibility for financial help under subchapters IV and VII and a Federal program will not be imposed; the State will continue regulation under section 1252 until the injunction ends or for one year, whichever is shorter.

Title 30, §1253

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Each State in which there are or may be conducted surface coal mining operations on non-Federal lands, and which wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations, except as provided in section 1271 and 1273 of this title and subchapter IV of this chapter, shall submit to the Secretary, by the end of the eighteenth-month 11 So in original. period beginning on August 3, 1977, a State program which demonstrates that such State has the capability of carrying out the provisions of this chapter and meeting its purposes through—

(1)a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this chapter;

(2)a State law which provides sanctions for violations of State laws, regulations, or conditions of permits concerning surface coal mining and reclamation operations, which sanctions shall meet the minimum requirements of this chapter, including civil and criminal actions, forfeiture of bonds, suspensions, revocations, and withholding of permits, and the issuance of cease-and-desist orders by the State regulatory authority or its inspectors;

(3)a State regulatory authority with sufficient administrative and technical personnel, and sufficient funding to enable the State to regulate surface coal mining and reclamation operations in accordance with the requirements of this chapter;

(4)a State law which provides for the effective implementations,1 maintenance, and enforcement of a permit system, meeting the requirements of this subchapter for the regulations 1 of surface coal mining and reclamation operations for coal on lands within the State;

(5)establishment of a process for the designation 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 consultation with the State; and 1

(6)establishment for the purposes of avoiding 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 applicable to the proposed operations; and

(7)rules and regulations consistent with regulations issued by the Secretary pursuant to this chapter.

(b)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 Agriculture, and the heads of other Federal agencies concerned with or having special expertise pertinent to the proposed State program;

(2)obtained the written concurrence of the Administrator of the Environmental Protection Agency with respect to those aspects of a State program 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.];

(3)held at least one public hearing on the State program within the State; and

(4)found that the State has the legal authority and qualified personnel necessary for the enforcement of the environmental protection standards.

(c)If the Secretary disapproves any proposed State program in whole or in part, he shall notify 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 revised State program or portion thereof. The Secretary shall approve or disapprove the resubmitted State program or portion thereof within sixty days from the date of resubmission.

(d)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 portion 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 subchapters IV and VII of this chapter or in the imposition 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.

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Editorial Notes

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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 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. (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

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

§1253 State programs

Summary

Title 30, §1253

Notes & Related Subsidiaries

Editorial Notes

References in Text

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