§1254 Federal Programs

Summary

The Secretary must create and run a federal program to regulate surface coal mining in a State if the State does not send in a state program by the end of the 18-month period beginning on August 3, 1977; fails to resubmit an acceptable program within 60 days after disapproval (but not before the first 18 months end); or fails to carry out or keep up an approved program. The federal program must be in place no later than 34 months after August 3, 1977. If a State has a program but is not enforcing part of it, the Secretary may enforce that part under section 1271. Before putting a federal program into effect, the Secretary must give public notice and hold a public hearing in the State. State permits already issued stay valid but will be checked under the federal program. If a permit is found to break the law, the Secretary will notify the permit holder, offer a hearing, allow time to apply for a new permit, and give a reasonable time to meet federal rules within the time limits set by regulations under section 1251(b). A State can submit a program after a federal program starts; the Secretary must follow section 1253(b) and approve or reject it within six months using the criteria in section 1253(a)(1)–(6). Until a State program is approved, the federal program and its permits remain in effect. Federal permits stay valid if a State program later takes over, but permit holders may apply for a State permit to replace a federal one; States can review permits and, if they add requirements, must give a hearing and reasonable time (within section 1251 rules) to comply. The federal program overrides any State laws or rules that interfere with its goals, and the Secretary will list what is preempted. The federal program must also include a way to coordinate permit review with any other federal or State permit processes.