§1272 Designating areas unsuitable for surface coal mining

Summary

States must set up a clear planning process to decide if parts of the state should be off-limits to surface coal mining. A state can ban all or some kinds of surface mining in an area if mining cannot be fixed by reclamation, or if it would clash with local land plans, hurt fragile or historic places, damage lands that supply water or long-term food/fiber (including aquifers), or put people or property at risk in flood-prone or unstable areas. The state must have an agency in charge, a database to check land capacity and reclamation, ways to carry out land-use decisions, and steps for public notice and participation, including a public hearing before any designation. Anyone who might be harmed can petition to add or remove a designation, must give facts and evidence, will get a hearing in the local area within ten months, and the authority must issue a written decision within sixty days after the hearing. Before making a designation, the state must prepare a detailed statement about the coal in the area, the demand for it, and the effects on the environment, the economy, and coal supply. These rules do not apply to surface mining already happening on August 3, 1977, to operations with a permit, or to projects with major legal or financial commitments before January 4, 1977. The federal government will review federal lands using the same standards and can allow mining before the review is finished. If federal lands are found unsuitable, the Secretary will withdraw or limit leases and must consult state and local agencies. After August 3, 1977, new surface coal mining is not allowed in places like National Parks, National Wildlife Refuges, Wilderness areas, Wild and Scenic Rivers, National Trails, and certain National Recreation Areas. Mining is also generally barred on national forest lands unless specific conditions are met. Surface mining that would harm public parks or listed historic sites needs joint approval by the regulators and the agency in charge. Mining is not allowed within 100 feet of a public road right-of-way (with limited exceptions), within 300 feet of any occupied home unless the owner agrees, within 300 feet of public buildings, schools, churches, community or institutional buildings, public parks, or within 100 feet of a cemetery.