§1254 Federal Programs

Summary

The Secretary must create and run a federal program for a State within 34 months after August 3, 1977 if the State does any of these: does not send a State program by the end of the 18-month period starting August 3, 1977; fails to send an acceptable revised program within 60 days after its plan is rejected; or fails to carry out or keep up an approved program. If the State needs its legislature to act, the Secretary may allow up to 6 more months to submit a plan. Once the federal program is in place, the Secretary has the sole authority to regulate surface coal mining in that State. Sections 1272(a), (c), and (d) do not apply for one year after the federal program starts. The Secretary must consider the State’s terrain, climate, biology, chemistry, and other physical conditions when making the program. If a State has a program but is not enforcing part of it, the Secretary can step in and enforce that part under section 1271. Before starting any federal program the Secretary must give public notice and hold a hearing in the State. Permits already issued by the State remain valid but will be reviewed under the federal rules; permit holders get notice, a hearing chance, and time to reapply or bring operations into compliance under time limits in section 1251(b). A State may submit a program after a federal program starts; the Secretary must approve or disapprove it within six months following the procedures of section 1253(b) and the criteria in section 1253(a)(1)–(6). Until approval, the federal program and its permits stay in force. Federal permits stay valid under a later State program, but holders can seek a State permit and must be given time and a hearing to meet any extra State rules (see section 1251). Any State laws that conflict with the federal program are overridden, and the Secretary will identify what is preempted. The federal program must also include a way to coordinate its permits with other federal or State permit processes.