§1273 Federal Lands

Summary

Within one year after August 3, 1977, the Secretary must create and run a Federal lands program for all surface coal mining and reclamation done under Federal law on Federal lands (Indian lands are excluded except as allowed in section 1300). The program must include at least the requirements in this chapter and must take into account the different physical and climate conditions of the lands. If the Federal lands are inside a State with an approved State program, the Federal program must at least include that State’s requirements. The Secretary keeps the duties in sections 201(a)(2)(B) and 201(a)(3) and still must decide which Federal lands are unsuitable for mining under section 1272(b). Any Federal mineral lease, permit, or contract that could involve surface coal mining must include the chapter’s requirements. Adding those requirements to a lease or permit does not stop the Secretary from making new rules, changing the Federal program, or requiring operations to follow the chapter and its regulations. A State with an approved program can choose a cooperative agreement to regulate surface coal mining on Federal lands in that State if the Secretary finds the State has the needed staff and funding. Cooperative agreements already in place on August 3, 1977 may continue if modified to meet the initial procedures in section 1252, but the Secretary cannot give States his duties to approve mining plans on Federal lands, to designate lands as unsuitable under section 1272, or to regulate other Federal-land activities. The Secretary must also set up a program so no group of buyers is unreasonably denied the chance to buy coal owned by the United States when permits, leases, or contracts are granted.