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Title 30, Mineral Lands and MiningRelease 119-102

§1255 State Laws

Title 30 › CHAPTER 25 — SURFACE MINING CONTROL AND RECLAMATION › SUBCHAPTER V — CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING › § 1255

Last updated Aug 21, 2026|Official source

Summary

State laws in effect on August 3, 1977, or passed later are not overridden by the federal rules unless they conflict with those federal rules. If a State’s laws set tougher land‑use or environmental controls for surface coal mining and reclamation than the federal rules, the State laws still apply and are not treated as conflicting. The Secretary must list any State law that does conflict with the federal law. State laws that cover topics the federal law does not address are also not treated as conflicting.

Full Legal Text

Title 30, §1255

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)No State law or regulation in effect on August 3, 1977, or which may become effective thereafter, shall be superseded by any provision of this chapter or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this chapter.
(b)Any provision of any State law or regulation in effect upon August 3, 1977, or which may become effective thereafter, which provides for more stringent land use and environmental controls and regulations of surface coal mining and reclamation operation than do the provisions of this chapter or any regulation issued pursuant thereto shall not be construed to be inconsistent with this chapter. The Secretary shall set forth any State law or regulation which is construed to be inconsistent with this chapter. Any provision of any State law or regulation in effect on August 3, 1977, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this chapter shall not be construed to be inconsistent with this chapter.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1255

Title 30, Mineral Lands and Mining

Last Updated

Aug 21, 2026

Release point: 119-102