Title 30 — Mineral Lands and MiningRelease 119-73

§1255 State laws

Title 30 › Chapter CHAPTER 25— - SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER V— - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING › § 1255

Last updated Apr 6, 2026|Official source

Summary

Federal rules do not cancel any state law or rule that was in effect on August 3, 1977, or that comes later, unless the state rule conflicts with the federal rules. If a conflict exists, the federal rule covers only the parts that conflict. State laws that set tougher land-use or environmental controls for surface coal mining and reclamation are allowed and are not treated as conflicts. The Secretary must list any state law found to conflict. Laws that cover mining issues not mentioned in the federal rules are also not conflicts.

Full Legal Text

Title 30, §1255

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)No State law or regulation in effect on August 3, 1977, or which may become effective thereafter, shall be superseded by any provision of this chapter or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this chapter.

(b)Any provision of any State law or regulation in effect upon August 3, 1977, or which may become effective thereafter, which provides for more stringent land use and environmental controls and regulations of surface coal mining and reclamation operation than do the provisions of this chapter or any regulation issued pursuant thereto shall not be construed to be inconsistent with this chapter. The Secretary shall set forth any State law or regulation which is construed to be inconsistent with this chapter. Any provision of any State law or regulation in effect on August 3, 1977, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this chapter shall not be construed to be inconsistent with this chapter.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1255

Title 30 — Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73