Title 30 — Mineral Lands and MiningRelease 119-73

§1298 Alaskan surface coal mine study

Title 30 › Chapter CHAPTER 25— - SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER VII— - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS › § 1298

Last updated Apr 6, 2026|Official source

Summary

The Secretary must hire the National Academy of Sciences-National Academy of Engineering to do a detailed study of surface coal mining in Alaska to see if any parts of this law should be changed for Alaskan operations. The Secretary must send the study results and a draft bill for any recommended changes to the President and Congress no later than two years after August 3, 1977. Until one year after that report, or until three years after August 3, 1977 (whichever comes first), the Secretary may temporarily change how environmental rules apply to Alaskan surface mines that mined coal in the year before August 3, 1977, if needed to keep them operating. Before doing so, the Secretary must publish notice in the Federal Register and a local newspaper and hold a public hearing in Alaska. The Secretary may also issue temporary rules to help new Alaskan mines develop, adjusting standards for Alaska’s special conditions while still aiming for equivalent environmental protection. Up to $250,000 is authorized for this work, but no new budget authority is allowed for fiscal year 1977.

Full Legal Text

Title 30, §1298

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)The Secretary is directed to contract to such extent or in such amounts as are provided in advance in appropriation Acts with the National Academy of Sciences-National Academy of Engineering for an in-depth study of surface coal mining conditions in the State of Alaska in order to determine which, if any, of the provisions of this chapter should be modified with respect to surface coal mining operations in Alaska.

(b)The Secretary shall report on the findings of the study to the President and Congress no later than two years after August 3, 1977.

(c)The Secretary shall include in his report a draft of legislation to implement any changes recommended to this chapter.

(d)Until one year after the Secretary has made this report to the President and Congress, or three years after August 3, 1977, whichever comes first, the Secretary is authorized to modify the applicability of any environmental protection provision of this chapter, or any regulation issued pursuant thereto, to any surface coal mining operation in Alaska from which coal has been mined during the year preceding August 3, 1977, if he determines that it is necessary to insure the continued operation of such surface coal mining operation. The Secretary may exercise this authority only after he has (1) published notice of proposed modification in the Federal Register and in a newspaper of general circulation in the area of Alaska in which the affected surface coal mining operation is located, and (2) held a public hearing on the proposed modification in Alaska.

(e)In order to allow new mines in Alaska to continue orderly development, the Secretary is authorized to issue interim regulations pursuant to section 1251(b) of this title including those modifications to the environmental standards as required based on the special physical, hydrological and climatic conditions in Alaska but with the purpose of protecting the environment to an extent equivalent to those standards for the other coal regions.

(f)There is authorized to be appropriated for the purpose of this section $250,000: Provided, That no new budget authority is authorized to be appropriated for fiscal year 1977.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1298

Title 30 — Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73