§1300. Indian lands
(a) Study of regulation of surface mining; consultation with tribe; proposed legislation
The Secretary is directed to study the question of the regulation of surface mining on Indian lands which will achieve the purpose of this chapter and recognize the special jurisdictional status of these lands. In carrying out this study the Secretary shall consult with Indian tribes. The study report shall include proposed legislation designed to allow Indian tribes to elect to assume full regulatory authority over the administration and enforcement of regulation of surface mining of coal on Indian lands.
(b) Submittal of study to Congress
The study report required by subsection (a) of this section together with drafts of proposed legislation and the view of each Indian tribe which would be affected shall be submitted to the Congress as soon as possible but not later than January 1, 1978.
(c) Compliance with interim environmental protection standards of this chapter
On and after one hundred and thirty-five days from August 3, 1977, all surface coal mining operations on Indian lands shall comply with requirements at least as stringent as those imposed by subsections (b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(19), and (d) of section 1265 of this title and the Secretary shall incorporate the requirements of such provisions in all existing and new leases issued for coal on Indian lands.
(d) Compliance with permanent environmental protection standards of this chapter
On and after thirty months from August 3, 1977, all surface coal mining operations on Indian lands shall comply with requirements at least as stringent as those imposed by sections 1257, 1258, 1259, 1260, 1265, 1266, 1267, and 1269 of this title and the Secretary shall incorporate the requirements of such provisions in all existing and new leases issued for coal on Indian lands.
(e) Inclusion and enforcement of terms and conditions of leases
With respect to leases issued after August 3, 1977, the Secretary shall include and enforce terms and conditions in addition to those required by subsections (c) and (d) of this section as may be requested by the Indian tribe in such leases.
(f) Approval of changes in terms and conditions of leases
Any change required by subsection (c) or (d) of this section in the terms and conditions of any coal lease on Indian lands existing on August 3, 1977, shall require the approval of the Secretary.
(g) Participation of tribes
The Secretary shall provide for adequate participation by the various Indian tribes affected in the study authorized in this section and not more than $700,000 of the funds authorized in section 1302(a) of this title shall be reserved for this purpose.
(h) Jurisdictional status
The Secretary shall analyze and make recommendations regarding the jurisdictional status of Indian Lands 1 outside the exterior boundaries of Indian reservations: Provided, That nothing in this chapter shall change the existing jurisdictional status of Indian Lands.1
(i) Grants
The Secretary shall make grants to the Navajo, Hopi, Northern Cheyenne, and Crow tribes to assist such tribes in developing regulations and programs for regulating surface coal mining and reclamation operations on Indian lands, except that nothing in this subsection may be construed as providing such tribes with the authorities set forth under section 1253 of this title. Grants made under this subsection shall be used to establish an office of surface mining regulation for each such tribe. Each such office shall-
(1) develop tribal regulations and program policies with respect to surface mining;
(2) assist the Office of Surface Mining Reclamation and Enforcement established by section 1211 of this title in the inspection and enforcement of surface mining activities on Indian lands, including, but not limited to, permitting, mine plan review, and bond release; and
(3) sponsor employment training and education in the area of mining and mineral resources.
(
Amendments
1992-Subsec. (i).
Section Referred to in Other Sections
This section is referred to in sections 1273, 1302 of this title.