Title 30, Mineral Lands and MiningRelease 119-110

§1273 Federal Lands

Title 30 › CHAPTER 25 — SURFACE MINING CONTROL AND RECLAMATION › SUBCHAPTER V — CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING › § 1273

Last updated Sep 23, 2026|Official source

Summary

The Secretary must create and run a Federal lands program within one year after August 3, 1977, for all surface coal mining and reclamation on Federal lands. It does not apply to Indian lands except as noted in section 1300. The program must include the chapter’s rules and account for the special physical and climate features of each Federal area. If a State has an approved program, the Federal program must at least include that State’s requirements. The Secretary keeps certain duties and must still decide which Federal lands are unsuitable for mining under section 1272(b). All Federal leases, permits, or contracts that might involve surface coal mining must include these requirements. The Secretary can make new rules or change the Federal program later. States with approved programs may agree to regulate mining on Federal lands if the Secretary finds they have enough staff and money. Cooperative agreements in place on August 3, 1977, can keep working but must be updated to meet the initial procedures in section 1252. The Secretary cannot give away his duty to approve mining plans on Federal lands, to designate lands as unsuitable under section 1272, or to regulate other activities. The Secretary must also create a program to make sure no class of buyers is unreasonably denied the chance to buy coal owned by the United States.

Full Legal Text

Title 30, §1273

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Promulgation and implementation of Federal lands program
No later than one year after August 3, 1977, the Secretary shall promulgate and implement a Federal lands program which shall be applicable to all surface coal mining and reclamation operations taking place pursuant to any Federal law on any Federal lands: Provided, That except as provided in section 1300 of this title the provisions of this chapter shall not be applicable to Indian lands. The Federal lands program shall, at a minimum, incorporate all of the requirements of this chapter and shall take into consideration the diverse physical, climatological, and other unique characteristics of the Federal lands in question. Where Federal lands in a State with an approved State program are involved, the Federal lands program shall, at a minimum, include the requirements of the approved State program: Provided, That the Secretary shall retain his duties under section 201(a), (2)(B) and 201(a)(3) of this title, and shall continue to be responsible for designation of Federal lands as unsuitable for mining in accordance with section 1272(b) of this title.
(b)Incorporation of requirements into any lease, permit, or contract issued by Secretary which may involve surface coal mining and reclamation operations
The requirements of this chapter and the Federal lands program or an approved State program for State regulation of surface coal mining on Federal lands under subsection (c), whichever is applicable, shall be incorporated by reference or otherwise in any Federal mineral lease, permit, or contract issued by the Secretary which may involve surface coal mining and reclamation operations. Incorporation of such requirements shall not, however, limit in any way the authority of the Secretary to subsequently issue new regulations, revise the Federal lands program to deal with changing conditions or changed technology, and to require any surface mining and reclamation operations to conform with the requirements of this chapter and the regulations issued pursuant to this chapter.
(c)State cooperative agreements
Any State with an approved State program may elect to enter into a cooperative agreement with the Secretary to provide for State regulation of surface coal mining and reclamation operations on Federal lands within the State, provided the Secretary determines in writing that such State has the necessary personnel and funding to fully implement such a cooperative agreement in accordance with the provision of this chapter. States with cooperative agreements existing on August 3, 1977, may elect to continue regulation on Federal lands within the State, prior to approval by the Secretary of their State program, or imposition of a Federal program, provided that such existing cooperative agreement is modified to fully comply with the initial regulatory procedures set forth in section 1252 of this title. Nothing in this subsection shall be construed as authorizing the Secretary to delegate to the States his duty to approve mining plans on Federal lands, to designate certain Federal lands as unsuitable for surface coal mining pursuant to section 1272 of this title, or to regulate other activities taking place on Federal lands.
(d)Development of program to assure no unreasonable denial to any class of coal purchasers
The Secretary shall develop a program to assure that with respect to the granting of permits, leases, or contracts for coal owned by the United States, that no class of purchasers of the mined coal shall be unreasonably denied purchase thereof.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1273

Title 30, Mineral Lands and Mining

Last Updated

Sep 23, 2026

Release point: 119-110