30 USC Ch. 25: Front Matter
From Title 30-MINERAL LANDS AND MININGCHAPTER 25-SURFACE MINING CONTROL AND RECLAMATION
CHAPTER 25-SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER I-STATEMENT OF FINDINGS AND POLICY
Sec.
1201.
Congressional findings.
1202.
Statement of purpose.
SUBCHAPTER II-OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
1211.
Office of Surface Mining Reclamation and Enforcement.
(a)
Establishment.
(b)
Appointment, compensation, duties, etc., of Director; employees.
(c)
Duties of Secretary.
(d)
Restriction on use of Federal coal mine health and safety inspectors.
(e)
Repealed.
(f)
Conflict of interest; penalties; rules and regulations; report to Congress.
(g)
Petition for issuance, amendment, or repeal of rule; filing; hearing or investigation; notice of denial.
SUBCHAPTER III-STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES
1221.
Authorization of State allotments to institutes.
1222.
Research funds to institutes.
(a)
Authorization of appropriations.
(b)
Application for funds; contents.
(c)
Research facilities; selection of institutes; designation of funds for scholarships and fellowships.
(d)
Requirements for receipt of funds.
(e)
Restriction on application of funds.
1223.
Funding criteria.
1224.
Duties of Secretary.
(a)
Consulting with other agencies; prescribing rules and regulations; furnishing advice and assistance; coordinating research.
(b)
Annual ascertainment of compliance.
1225.
Effect on colleges and universities.
1226.
Research.
(a)
Coordination with existing programs; availability of information to public.
(b)
Effect on Federal agencies.
(c)
Availability of results to public.
(d)
Authorization of appropriations.
1227.
Center for cataloging.
1228.
Interagency cooperation.
1229.
Committee on Mining and Mineral Resources Research.
(a)
Appointment; composition.
(b)
Consultation and recommendations.
(c)
Compensation, travel, subsistence and related expenses.
(d)
Chairmanship of Committee.
(e)
National plan for research.
(f)
Application of Federal Advisory Committee Act.
1230.
Eligibility criteria.
1230a.
Strategic Resources Generic Mineral Technology Center.
(a)
Establishment.
(b)
Functions.
(c)
Criteria.
(d)
Authorization of appropriations.
SUBCHAPTER IV-ABANDONED MINE RECLAMATIONS
1231.
Abandoned Mine Reclamation Fund.
(a)
Establishment; administration; State funds.
(b)
Sources of deposits to fund.
(c)
Use of moneys.
(d)
Moneys available upon appropriation; no fiscal year limitation.
(e)
Interest.
1232.
Reclamation fee.
(a)
Payment; rate.
(b)
Due date.
(c)
Submission of statement.
(d)
Penalty.
(e)
Civil action to recover fee.
(f)
Cooperation from other agencies.
(g)
Allocation of funds.
(h)
Transfer of funds to Combined Fund.
1233.
Objectives of fund.
(a)
Priorities.
(b)
Utilities and other facilities.
(c)
Inventory.
1234.
Eligible lands and water.
1235.
State reclamation program.
(a)
Promulgation of regulations.
(b)
Submission of State Reclamation Plan and annual projects.
(c)
Restriction.
(d)
Approval of State program; withdrawal.
(e)
Contents of State Reclamation Plan.
(f)
Annual application for support; contents.
(g)
Costs.
(h)
Grant of funds.
(i)
Program monitorship.
(j)
Annual report to Secretary.
(k)
Eligible lands of Indian tribes.
(l)
State liability.
1236.
Reclamation of rural lands.
(a)
Agreements with landowners for conservation treatment.
(b)
Conservation and development plans.
(c)
Agreement to effect plan.
(d)
Financial and other assistance; determination by Secretary.
(e)
Termination of agreements.
(f)
Preservation and surrender of history and allotments.
(g)
Rules and regulations.
(h)
Utilization of Soil Conservation Service.
1237.
Acquisition and reclamation of land adversely affected by past coal mining practices.
(a)
Findings of fact; notice; right of entry.
(b)
Studies or exploratory work.
(c)
Requirements for acquisition of affected land.
(d)
Title to affected land; value.
(e)
State participation; grants.
(f)
Rules and regulations.
(g)
Public sale; notice and hearing.
(h)
Construction or rehabilitation of housing for disabled, displaced, or dislocated persons; grants.
1238.
Liens.
(a)
Filing of statement and appraisal.
(b)
Petition.
(c)
Recordation.
1239.
Filling voids and sealing tunnels.
(a)
Congressional declaration of hazardous conditions.
(b)
Limitation on funds.
(c)
Limitation on expenditures.
(d)
Disposal of mine wastes.
(e)
Land acquisition.
1240.
Emergency powers.
1240a.
Certification.
(a)
Certification of completion of coal reclamation.
(b)
Eligible lands, waters, and facilities.
(c)
Priorities.
(d)
Specific sites and areas not eligible.
(e)
Utilities and other facilities.
(f)
Public facilities related to coal or minerals industry.
(g)
Application of other provisions.
1241.
Omitted.
1242.
Powers of Secretary or State.
(a)
Engage in work, promulgate rules and regulations, etc., to implement and administer this subchapter.
(b)
Engage in cooperative projects.
(c)
Request for action to restrain interference with regard to this subchapter.
(d)
Construct and operate plants for control and treatment of water pollution resulting from mine drainage.
(e)
Transfer funds.
1243.
Interagency cooperation.
SUBCHAPTER V-CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING
1251.
Environmental protection standards.
1251a.
Abandoned coal refuse sites.
1252.
Initial regulatory procedures.
(a)
State regulation.
(b)
Interim standards.
(c)
Full compliance with environmental protection performance standards.
(d)
Permit application.
(e)
Federal enforcement program.
(f)
Interim period.
1253.
State programs.
(a)
Regulation of surface coal mining and reclamation operations; submittal to Secretary; time limit; demonstration of effectiveness.
(b)
Approval of program.
(c)
Notice of disapproval.
(d)
Inability of State to take action.
1254.
Federal programs.
(a)
Promulgation and implementation by Secretary for State.
(b)
Federal enforcement of State program.
(c)
Notice and hearing.
(d)
Review of permits.
(e)
Submission of State program after implementation of Federal program.
(f)
Validity of Federal program permits under superseding State program.
(g)
Preemption of State statutes or regulations.
(h)
Coordination of issuance and review of Federal program permits with any other Federal or State permit process.
1255.
State laws.
1256.
Permits.
(a)
Persons engaged in surface coal mining within State; time limit; exception.
(b)
Term.
(c)
Termination.
(d)
Renewal.
1257.
Application requirements.
(a)
Fee.
(b)
Submittal; contents.
(c)
Assistance to small coal operators.
(d)
Reclamation plan.
(e)
Public inspection.
(f)
Insurance certificate.
(g)
Blasting plan.
(h)
Reimbursement of costs.
1258.
Reclamation plan requirements.
1259.
Performance bonds.
(a)
Filing with regulatory authority; scope; number and amount.
(b)
Liability period; execution.
(c)
Bond of applicant without separate surety; alternate system.
(d)
Deposit of cash or securities.
(e)
Adjustments.
1260.
Permit approval or denial.
(a)
Basis for decision; notification of applicant and local government officials; burden of proof.
(b)
Requirements for approval.
(c)
Schedule of violations.
(d)
Prime farmland mining permit.
(e)
Modification of prohibition.
1261.
Revision of permits.
(a)
Application and revised reclamation plan; requirements; extensions to area covered.
(b)
Transfer, assignment, or sale of rights under permit.
(c)
Review of outstanding permits.
1262.
Coal exploration permits.
(a)
Regulations; contents.
(b)
Confidential information.
(c)
Penalties.
(d)
Limitation on removal of coal.
(e)
Law governing exploration of Federal lands.
1263.
Public notice and public hearings.
(a)
Submittal of advertisement to regulatory authority; notification of local governmental bodies.
(b)
Objections to permit applications; informal conference; record.
(c)
Prior Federal coal lease hearing as evidence.
1264.
Decisions of regulatory authority and appeals.
(a)
Issuance of findings within 60 days after informal conference.
(b)
Decision without informal conference; notification within a reasonable time.
(c)
Request for rehearing on reasons for final determination; time; issuance of decision.
(d)
Temporary relief.
(e)
Power of regulatory authority with respect to rehearing.
(f)
Right to appeal in accordance with section 1276 of this title.
1265.
Environmental protection performance standards.
(a)
Permit requirement.
(b)
General standards.
(c)
Procedures; exception to original contour restoration requirements.
(d)
Steep-slope surface coal mining standards.
(e)
Variances to original contour restoration requirements.
(f)
Standards and criteria for coal mine waste piles.
1266.
Surface effects of underground coal mining operations.
(a)
Rules and regulations.
(b)
Permit requirements.
(c)
Suspension of underground coal mining operations in urbanized areas.
(d)
Applicability of this subchapter to surface operations and surface impacts incident to underground coal mining operations.
1267.
Inspections and monitoring.
(a)
Inspections of surface coal mining and reclamation operations.
(b)
Records and reports; monitoring systems; evaluation of results.
(c)
Inspection intervals.
(d)
Maintenance of sign.
(e)
Violations.
(f)
Availability of information to public.
(g)
Conflict of interest; penalty; publication of regulations; report to Congress.
(h)
Review; procedures for inspections.
1268.
Penalties.
(a)
Civil penalties for violations of permit conditions and provisions of this subchapter.
(b)
Hearing.
(c)
Notice of violation; action required of violator; waiver of legal rights.
(d)
Civil action to recover civil penalties.
(e)
Willful violations.
(f)
Corporate violations.
(g)
False statements, representations, or certifications.
(h)
Failure to correct violation.
(i)
Effect on additional enforcement right or procedure available under State law.
1269.
Release of performance bonds or deposits.
(a)
Filing of request; submittal of copy of advertisement; notification by letter of intent to seek release.
(b)
Inspection and evaluation; notification of decision.
(c)
Requirements for release.
(d)
Notice of disapproval.
(e)
Notice to municipality.
(f)
Objections to release; hearing.
(g)
Informal conference.
(h)
Power of regulatory authority with respect to informal conference.
1270.
Citizens suits.
(a)
Civil action to compel compliance with this chapter.
(b)
Limitation on bringing of action.
(c)
Venue; intervention.
(d)
Costs; filing of bonds.
(e)
Effect on other enforcement methods.
(f)
Action for damages.
1271.
Enforcement.
(a)
Notice of violation; Federal inspection; waiver of notification period; cessation order; affirmative obligation on operator; suspension or revocation of permits; contents of notices and orders.
(b)
Inadequate State enforcement; notice and hearing.
(c)
Civil action for relief.
(d)
Sanctions; effect on additional enforcement rights under State law.
1272.
Designating areas unsuitable for surface coal mining.
(a)
Establishment of State planning process; standards; State process requirements; integration with present and future land use planning and regulation processes; savings provisions.
(b)
Review of Federal lands.
(c)
Petition; intervention; decision.
(d)
Statement.
(e)
Prohibition on certain Federal public and private surface coal mining operations.
1273.
Federal lands.
(a)
Promulgation and implementation of Federal lands program.
(b)
Incorporation of requirements into any lease, permit, or contract issued by Secretary which may involve surface coal mining and reclamation operations.
(c)
State cooperative agreements.
(d)
Development of program to assure no unreasonable denial to any class of coal purchasers.
1274.
Public agencies, public utilities, and public corporations.
1275.
Review by Secretary.
(a)
Application for review of order or notice; investigation; hearing; notice.
(b)
Findings of fact; issuance of decision.
(c)
Temporary relief; issuance of order or decision granting or denying relief.
(d)
Notice and hearing with respect to section 1271 order to show cause.
(e)
Costs.
1276.
Judicial review.
(a)
Review by United States District Court; venue; filing of petition; time.
(b)
Evidence; conclusiveness of findings; orders.
(c)
Temporary relief; prerequisites.
(d)
Stay of action, order, or decision of Secretary.
(e)
Action of State regulatory authority.
1277.
Special bituminous coal mines.
(a)
Issuance of separate regulations; criteria.
(b)
New bituminous coal surface mines.
(c)
Scope of alternative regulations.
1278.
Surface mining operations not subject to this chapter.
1279.
Anthracite coal mines.
SUBCHAPTER VI-DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING
1281.
Designation procedures.
(a)
Review of Federal land areas for unsuitability for noncoal mining.
(b)
Criteria considered in determining designations.
(c)
Petition for exclusion; contents; hearing; temporary land withdrawal.
(d)
Limitation on designations; rights preservation; regulations.
(e)
Statement.
(f)
Area withdrawal.
(g)
Right to appeal.
SUBCHAPTER VII-ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
1291.
Definitions.
1292.
Other Federal laws.
(a)
Construction of chapter as superseding, amending, modifying, or repealing certain laws.
(b)
Effect on authority of Secretary or heads of other Federal agencies.
(c)
Cooperation.
(d)
Major Federal action.
1293.
Employee protection.
(a)
Retaliatory practices prohibited.
(b)
Review by Secretary; investigation; notice; hearing; findings of fact; judicial review.
(c)
Costs.
1294.
Penalty.
1295.
Grants to States.
(a)
Assisting any State in development, administration, and enforcement of State programs under this chapter.
(b)
Assisting any State in development, administration, and enforcement of its State programs.
(c)
Increases in annual grants.
1296.
Annual report to President and Congress.
1297.
Separability.
1298.
Alaskan surface coal mine study.
(a)
Contract with National Academy of Sciences-National Academy of Engineering.
(b)
Report to President and Congress.
(c)
Draft of legislation.
(d)
Modification of applicability of environmental protection provisions of this chapter to surface coal mining operations in Alaska; publication in Federal Register; hearing.
(e)
Interim regulations.
(f)
Authorization of appropriations.
1299.
Study of reclamation standards for surface mining of other minerals.
(a)
Contract with National Academy of Sciences-National Academy of Engineering; requirements.
(b)
Submittal of study with legislative recommendation to President and Congress.
(c)
Authorization of appropriations.
1300.
Indian lands.
(a)
Study of regulation of surface mining; consultation with tribe; proposed legislation.
(b)
Submittal of study to Congress.
(c)
Compliance with interim environmental protection standards of this chapter.
(d)
Compliance with permanent environmental protection standards of this chapter.
(e)
Inclusion and enforcement of terms and conditions of leases.
(f)
Approval of changes in terms and conditions of leases.
(g)
Participation of tribes.
(h)
Jurisdictional status.
(i)
Grants.
1301.
Environmental practices.
1302.
Authorization of appropriations.
1303.
Coordination of regulatory and inspection activities.
1304.
Surface owner protection.
(a)
Applicability.
(b)
Lease of coal deposits governed by section 201 of this title.
(c)
Consent to lease by surface owner.
(d)
Preferences.
(e)
"Surface owner" defined.
(f)
Exception.
(g)
Effect on property rights of United States or any other landowner.
1305.
Federal lessee protection.
1306.
Effect on rights of owner of coal in Alaska to conduct surface mining operations.
1307.
Water rights and replacement.
1308.
Advance appropriations.
1309.
Certification and training of blasters.
1309a.
Subsidence.
(a)
Requirements.
(b)
Regulations.
1309b.
Research.
SUBCHAPTER VIII-UNIVERSITY COAL RESEARCH LABORATORIES
1311.
Establishment of university coal research laboratories.
(a)
Designation by Secretary of Energy.
(b)
Criteria.
(c)
Location of coal laboratories.
(d)
Period for submission of applications for designation; contents.
(e)
Time limit.
1312.
Financial assistance.
1313.
Limitation on payments.
1314.
Payments; Federal share of operating expenses.
1315.
Advisory Council on Coal Research.
(a)
Establishment; members.
(b)
Furnishing advice to Secretary of Energy.
(c)
Annual report to President; transmittal to Congress.
(d)
Compensation and travel expenses.
(e)
Alternate members.
1316.
Authorization of appropriations.
SUBCHAPTER IX-ENERGY RESOURCE GRADUATE FELLOWSHIPS
1321.
Fellowship awards.
(a)
Graduate study and research in areas of applied science and engineering relating to production, conservation, and utilization of fuels and energy.
(b)
Term.
(c)
Replacement awards.
1322.
Fellowship recipients.
1323.
Distribution of fellowships.
1324.
Stipends and allowances.
1325.
Limitation on fellowships.
1326.
Fellowship conditions.
1327.
Authorization of appropriations.
1328.
Research, development projects, etc., relating to alternative coal mining technologies.
(a)
Authority of Secretary of the Interior to conduct, promote, etc.
(b)
Contracts and grants.
(c)
Authorization of appropriations.
(d)
Publication in Federal Register; report to Congress.
(e)
Availability of information to public.
Chapter Referred to in Other Sections
This chapter is referred to in section 1251a of this title; title 33 section 1311; title 42 sections 6905, 6925.