§1253 State Programs

Summary

States where surface coal mining happens must send a plan to the Secretary by the end of the 18-month period beginning on August 3, 1977 if they want to take exclusive charge of regulating mining on non‑Federal land. The plan must show the state can do the job by having: a state law to regulate mining; penalties that meet the law’s minimums (for example civil/criminal penalties, bond forfeiture, permit suspension or revocation, and cease‑and‑desist orders); a state agency with enough trained staff and funding; a permit system the state can run and enforce; a way to mark areas as unsuitable for mining (with Federal lands marked by the Secretary after talking with the state); a process to coordinate state and federal permits so work is not duplicated; and rules that match the Secretary’s regulations, except as other parts of the law allow. Before approving a plan, the Secretary must get and publish views from the EPA Administrator, the Secretary of Agriculture, and other federal agency heads with relevant expertise; must get the EPA Administrator’s written agreement on parts that affect air or water quality under the Clean Water Act and the Clean Air Act; must hold at least one public hearing in the state; and must find the state has the legal authority and qualified staff to enforce the standards. If the Secretary disapproves all or part of the plan, the Secretary must explain why in writing and the state has 60 days to send a revised plan. The Secretary then has 60 days to approve or disapprove the resubmitted plan. If a court injunction stops the state from acting, the state keeps eligibility for financial help under subchapters IV and VII and the federal program is not imposed; the state will continue to regulate until the injunction ends or for one year, whichever is shorter, after which these rules apply again.