Title 30Mineral Lands and MiningRelease 119-73

§1273 Federal lands

Title 30 › Chapter CHAPTER 25— - SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER V— - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING › § 1273

Last updated Apr 6, 2026|Official source

Summary

Within one year after August 3, 1977, the Secretary must create and run a federal lands program for all surface coal mining on federal lands. The program must include the rules in this law and must account for different land types, climates, and other special conditions. The law’s rules generally do not apply to Indian lands except as section 1300 says. If a State already has an approved program, the federal program must at least meet that State’s rules. The Secretary still keeps the duties in sections 201(a), (2)(B), and 201(a)(3) and must keep deciding which federal lands are unsuitable under section 1272(b). Any federal mineral lease, permit, or contract that could involve surface coal mining must include these rules. States with approved programs may make cooperative agreements with the Secretary to regulate mining on federal lands if the Secretary finds they have enough staff and money. Cooperative agreements in place on August 3, 1977 may continue but must be changed to meet the initial rules in section 1252. The Secretary cannot give States his duty to approve mining plans on federal lands, to declare lands unsuitable under section 1272, or to regulate other federal-land activities. The Secretary must also set up a program so that, when the United States sells coal under permits, leases, or contracts, no class of buyers is unreasonably denied the chance to buy it.

Full Legal Text

Title 30, §1273

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)No later than one year after August 3, 1977, the Secretary shall promulgate and implement a Federal lands program which shall be applicable to all surface coal mining and reclamation operations taking place pursuant to any Federal law on any Federal lands: Provided, That except as provided in section 1300 of this title the provisions of this chapter shall not be applicable to Indian lands. The Federal lands program shall, at a minimum, incorporate all of the requirements of this chapter and shall take into consideration the diverse physical, climatological, and other unique characteristics of the Federal lands in question. Where Federal lands in a State with an approved State program are involved, the Federal lands program shall, at a minimum, include the requirements of the approved State program: Provided, That the Secretary shall retain his duties under section 201(a), (2)(B) 11 So in original. Probably should be “201(a)(2)(B)”. and 201(a)(3) of this title, and shall continue to be responsible for designation of Federal lands as unsuitable for mining in accordance with section 1272(b) of this title.
(b)The requirements of this chapter and the Federal lands program or an approved State program for State regulation of surface coal mining on Federal lands under subsection (c), whichever is applicable, shall be incorporated by reference or otherwise in any Federal mineral lease, permit, or contract issued by the Secretary which may involve surface coal mining and reclamation operations. Incorporation of such requirements shall not, however, limit in any way the authority of the Secretary to subsequently issue new regulations, revise the Federal lands program to deal with changing conditions or changed technology, and to require any surface mining and reclamation operations to conform with the requirements of this chapter and the regulations issued pursuant to this chapter.
(c)Any State with an approved State program may elect to enter into a cooperative agreement with the Secretary to provide for State regulation of surface coal mining and reclamation operations on Federal lands within the State, provided the Secretary determines in writing that such State has the necessary personnel and funding to fully implement such a cooperative agreement in accordance with the provision of this chapter. States with cooperative agreements existing on August 3, 1977, may elect to continue regulation on Federal lands within the State, prior to approval by the Secretary of their State program, or imposition of a Federal program, provided that such existing cooperative agreement is modified to fully comply with the initial regulatory procedures set forth in section 1252 of this title. Nothing in this subsection shall be construed as authorizing the Secretary to delegate to the States his duty to approve mining plans on Federal lands, to designate certain Federal lands as unsuitable for surface coal mining pursuant to section 1272 of this title, or to regulate other activities taking place on Federal lands.
(d)The Secretary shall develop a program to assure that with respect to the granting of permits, leases, or contracts for coal owned by the United States, that no class of purchasers of the mined coal shall be unreasonably denied purchase thereof.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1273

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73