-CITE-
    30 USC CHAPTER 25 - SURFACE MINING CONTROL AND
           RECLAMATION                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

-HEAD-
            CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION        

-MISC1-
              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. 

       SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
                                INSTITUTES
    1221.       Authorization of State allotments to institutes.      
    1222.       Research funds to institutes.                         
    1223.       Funding criteria.                                     
    1224.       Duties of Secretary.                                  
    1225.       Effect on colleges and universities.                  
    1226.       Research.                                             
    1227.       Center for cataloging.                                
    1228.       Interagency cooperation.                              
    1229.       Committee on Mining and Mineral Resources Research.   
    1230.       Eligibility criteria.                                 
    1230a.      Strategic Resources Generic Mineral Technology Center.

                SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS            
    1231.       Abandoned Mine Reclamation Fund.                      
    1232.       Reclamation fee.                                      
    1233.       Objectives of fund.                                   
    1234.       Eligible lands and water.                             
    1235.       State reclamation program.                            
    1236.       Reclamation of rural lands.                           
    1237.       Acquisition and reclamation of land adversely affected
                 by past coal mining practices.                       
    1238.       Liens.                                                
    1239.       Filling voids and sealing tunnels.                    
    1240.       Emergency powers.                                     
    1240a.      Certification.                                        
    1241.       Omitted.                                              
    1242.       Powers of Secretary or State.                         
    1243.       Interagency cooperation.                              
    1244.       Remining incentives.                                  

    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                                  MINING
    1251.       Environmental protection standards.                   
    1251a.      Abandoned coal refuse sites.                          
    1252.       Initial regulatory procedures.                        
    1253.       State programs.                                       
    1254.       Federal programs.                                     
    1255.       State laws.                                           
    1256.       Permits.                                              
    1257.       Application requirements.                             
    1258.       Reclamation plan requirements.                        
    1259.       Performance bonds.                                    
    1260.       Permit approval or denial.                            
    1261.       Revision of permits.                                  
    1262.       Coal exploration permits.                             
    1263.       Public notice and public hearings.                    
    1264.       Decisions of regulatory authority and appeals.        
    1265.       Environmental protection performance standards.       
    1266.       Surface effects of underground coal mining operations.
    1267.       Inspections and monitoring.                           
    1268.       Penalties.                                            
    1269.       Release of performance bonds or deposits.             
    1270.       Citizens suits.                                       
    1271.       Enforcement.                                          
    1272.       Designating areas unsuitable for surface coal mining. 
    1273.       Federal lands.                                        
    1274.       Public agencies, public utilities, and public
                 corporations.                                        
    1275.       Review by Secretary.                                  
    1276.       Judicial review.                                      
    1277.       Special bituminous coal mines.                        
    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.                               

       SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS   
    1291.       Definitions.                                          
    1292.       Other Federal laws.                                   
    1293.       Employee protection.                                  
    1294.       Penalty.                                              
    1295.       Grants to States.                                     
    1296.       Annual report to President and Congress.              
    1297.       Separability.                                         
    1298.       Alaskan surface coal mine study.                      
    1299.       Study of reclamation standards for surface mining of
                 other minerals.                                      
    1300.       Indian lands.                                         
    1301.       Environmental practices.                              
    1302.       Authorization of appropriations.                      
    1303.       Coordination of regulatory and inspection activities. 
    1304.       Surface owner protection.                             
    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.                                           
    1309b.      Research.                                             

          SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES      
    1311.       Establishment of university coal research
                 laboratories.                                        
    1312.       Financial assistance.                                 
    1313.       Limitation on payments.                               
    1314.       Payments; Federal share of operating expenses.        
    1315.       Advisory Council on Coal Research.                    
    1316.       Authorization of appropriations.                      

           SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS       
    1321.       Fellowship 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.                

-End-

-CITE-
    30 USC SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY      01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-
              SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY          

-End-

-CITE-
    30 USC Sec. 1201                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-
    Sec. 1201. Congressional findings

-STATUTE-
      The Congress finds and declares that - 
        (a) extraction of coal and other minerals from the earth can be
      accomplished by various methods of mining, including surface
      mining;
        (b) coal mining operations presently contribute significantly
      to the Nation's energy requirements; surface coal mining
      constitutes one method of extraction of the resource; the
      overwhelming percentage of the Nation's coal reserves can only be
      extracted by underground mining methods, and it is, therefore,
      essential to the national interest to insure the existence of an
      expanding and economically healthy underground coal mining
      industry;
        (c) many surface mining operations result in disturbances of
      surface areas that burden and adversely affect commerce and the
      public welfare by destroying or diminishing the utility of land
      for commercial, industrial, residential, recreational,
      agricultural, and forestry purposes, by causing erosion and
      landslides, by contributing to floods, by polluting the water, by
      destroying fish and wildlife habitats, by impairing natural
      beauty, by damaging the property of citizens, by creating hazards
      dangerous to life and property by degrading the quality of life
      in local communities, and by counteracting governmental programs
      and efforts to conserve soil, water, and other natural resources;
        (d) the expansion of coal mining to meet the Nation's energy
      needs makes even more urgent the establishment of appropriate
      standards to minimize damage to the environment and to
      productivity of the soil and to protect the health and safety of
      the public.(!1)

        (e) surface mining and reclamation technology are now developed
      so that effective and reasonable regulation of surface coal
      mining operations by the States and by the Federal Government in
      accordance with the requirements of this chapter is an
      appropriate and necessary means to minimize so far as practicable
      the adverse social, economic, and environmental effects of such
      mining operations;
        (f) because of the diversity in terrain, climate, biologic,
      chemical, and other physical conditions in areas subject to
      mining operations, the primary governmental responsibility for
      developing, authorizing, issuing, and enforcing regulations for
      surface mining and reclamation operations subject to this chapter
      should rest with the States;
        (g) surface mining and reclamation standards are essential in
      order to insure that competition in interstate commerce among
      sellers of coal produced in different States will not be used to
      undermine the ability of the several States to improve and
      maintain adequate standards on coal mining operations within
      their borders;
        (h) there are a substantial number of acres of land throughout
      major regions of the United States disturbed by surface and
      underground coal on which little or no reclamation was conducted,
      and the impacts from these unreclaimed lands impose social and
      economic costs on residents in nearby and adjoining areas as well
      as continuing to impair environmental quality;
        (i) while there is a need to regulate surface mining operations
      for minerals other than coal, more data and analyses are needed
      to serve as a basis for effective and reasonable regulation of
      such operations;
        (j) surface and underground coal mining operations affect
      interstate commerce, contribute to the economic well-being,
      security, and general welfare of the Nation and should be
      conducted in an environmentally sound manner; and
        (k) the cooperative effort established by this chapter is
      necessary to prevent or mitigate adverse environmental effects of
      present and future surface coal mining operations.

-SOURCE-
    (Pub. L. 95-87, title I, Sec. 101, Aug. 3, 1977, 91 Stat. 447.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in pars. (e), (f), and (k), was in the
    original "this Act", meaning Pub. L. 95-87, Aug. 3, 1977, 91 Stat.
    445, as amended, which enacted this chapter and amended section
    1114 of Title 18, Crimes and Criminal Procedure. For complete
    classification of this Act to the Code, see Short Title note set
    out below and Tables.

-MISC1-
                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-432, div. C, title II, Sec. 200, Dec. 20, 2006, 120
    Stat. 3006, provided that: "This title [enacting section 1244 of
    this title, amending sections 1231 to 1233, 1236, 1238, 1240a,
    1260, 1300, and 1302 of this title and sections 9701, 9702, 9704 to
    9707, 9711, 9712, and 9721 of Title 26, Internal Revenue Code, and
    enacting provisions set out as notes under section 1232 of this
    title and sections 9701, 9704, and 9712 of Title 26] may be cited
    as the 'Surface Mining Control and Reclamation Act Amendments of
    2006'."

                      SHORT TITLE OF 1990 AMENDMENTS                  
      Pub. L. 101-508, title VI, Sec. 6001, Nov. 5, 1990, 104 Stat.
    1388-289, provided that: "This subtitle [subtitle A (Secs. 6001-
    6014) of title VI of Pub. L. 101-508, enacting section 1240a of
    this title, amending sections 1231 to 1237, 1239, 1257, and 1302 of
    this title, and enacting provisions set out as notes under section
    1231 of this title] may be cited as the 'Abandoned Mine Reclamation
    Act of 1990'."
      Pub. L. 101-498, Sec. 1, Nov. 2, 1990, 104 Stat. 1207, provided
    that: "This Act [enacting section 1230a of this title] may be cited
    as the 'Strategic and Critical Minerals Act of 1990'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-483, Sec. 13, Oct. 12, 1988, 102 Stat. 2341, provided
    that: "This Act [amending sections 1221, 1222, 1224, 1226, 1229,
    and 1230 of this title and enacting provisions set out as notes
    under this section and section 1229 of this title] may be cited as
    the Mining and Mineral Resources Research Institute Amendments of
    1988."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-87 provided: "That this Act [enacting
    this chapter and amending section 1114 of Title 18, Crimes and
    Criminal Procedure] may be cited as the 'Surface Mining Control and
    Reclamation Act of 1977'."
      Pub. L. 98-409, Sec. 11, as added by Pub. L. 100-483, Sec. 12,
    Oct. 12, 1988, 102 Stat. 2341; amended by Pub. L. 104-312, Sec.
    1(b), Oct. 19, 1996, 110 Stat. 3819, provided that: "This Act
    [enacting subchapter III of this chapter] may be cited as the
    'Mining and Mineral Resources Institutes Act'."

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

-End-

-CITE-
    30 USC Sec. 1202                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-
    Sec. 1202. Statement of purpose

-STATUTE-
      It is the purpose of this chapter to - 
        (a) establish a nationwide program to protect society and the
      environment from the adverse effects of surface coal mining
      operations;
        (b) assure that the rights of surface landowners and other
      persons with a legal interest in the land or appurtenances
      thereto are fully protected from such operations;
        (c) assure that surface mining operations are not conducted
      where reclamation as required by this chapter is not feasible;
        (d) assure that surface coal mining operations are so conducted
      as to protect the environment;
        (e) assure that adequate procedures are undertaken to reclaim
      surface areas as contemporaneously as possible with the surface
      coal mining operations;
        (f) assure that the coal supply essential to the Nation's
      energy requirements, and to its economic and social well-being is
      provided and strike a balance between protection of the
      environment and agricultural productivity and the Nation's need
      for coal as an essential source of energy;
        (g) assist the States in developing and implementing a program
      to achieve the purposes of this chapter;
        (h) promote the reclamation of mined areas left without
      adequate reclamation prior to August 3, 1977, and which continue,
      in their unreclaimed condition, to substantially degrade the
      quality of the environment, prevent or damage the beneficial use
      of land or water resources, or endanger the health or safety of
      the public;
        (i) assure that appropriate procedures are provided for the
      public participation in the development, revision, and
      enforcement of regulations, standards, reclamation plans, or
      programs established by the Secretary or any State under this
      chapter;
        (j) provide a means for development of the data and analyses
      necessary to establish effective and reasonable regulation of
      surface mining operations for other minerals;
        (k) encourage the full utilization of coal resources through
      the development and application of underground extraction
      technologies;
        (l) stimulate, sponsor, provide for and/or supplement present
      programs for the conduct of research investigations, experiments,
      and demonstrations, in the exploration, extraction, processing,
      development, and production of minerals and the training of
      mineral engineers and scientists in the field of mining, minerals
      resources, and technology, and the establishment of an
      appropriate research and training center in various States; and
        (m) wherever necessary, exercise the full reach of Federal
      constitutional powers to insure the protection of the public
      interest through effective control of surface coal mining
      operations.

-SOURCE-
    (Pub. L. 95-87, title I, Sec. 102, Aug. 3, 1977, 91 Stat. 448.)

-End-

-CITE-
    30 USC SUBCHAPTER II - OFFICE OF SURFACE MINING
           RECLAMATION AND ENFORCEMENT                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

-HEAD-
         SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND
                                ENFORCEMENT

-End-

-CITE-
    30 USC Sec. 1211                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

-HEAD-
    Sec. 1211. Office of Surface Mining Reclamation and Enforcement

-STATUTE-
    (a) Establishment
      There is established in the Department of the Interior, the
    Office of Surface Mining Reclamation and Enforcement (hereinafter
    referred to as the "Office").
    (b) Appointment, compensation, duties, etc., of Director; employees
      The Office shall have a Director who shall be appointed by the
    President, by and with the advice and consent of the Senate, and
    shall be compensated at the rate provided for level V of the
    Executive Schedule under section 5315 (!1) of title 5, and such
    other employees as may be required. Pursuant to section 5108 of
    title 5, and after consultation with the Secretary, the Director of
    the Office of Personnel Management shall determine the necessary
    number of positions in general schedule employees in grade 16, 17,
    and 18 to perform functions of this subchapter and shall allocate
    such positions to the Secretary. The Director shall have the
    responsibilities provided under subsection (c) of this section and
    those duties and responsibilities relating to the functions of the
    Office which the Secretary may assign, consistent with this
    chapter. Employees of the Office shall be recruited on the basis of
    their professional competence and capacity to administer the
    provisions of this chapter. The Office may use, on a reimbursable
    basis when appropriate, employees of the Department and other
    Federal agencies to administer the provisions of this chapter,
    providing that no legal authority, program, or function in any
    Federal agency which has as its purpose promoting the development
    or use of coal or other mineral resources or regulating the health
    and safety of miners under provisions of the Federal Coal Mine
    Health and Safety Act of 1969 (83 Stat. 742) [30 U.S.C. 801 et
    seq.], shall be transferred to the Office.

    (c) Duties of Secretary
      The Secretary, acting through the Office, shall - 
        (1) administer the programs for controlling surface coal mining
      operations which are required by this chapter; review and approve
      or disapprove State programs for controlling surface coal mining
      operations and reclaiming abandoned mined lands; make those
      investigations and inspections necessary to insure compliance
      with this chapter; conduct hearings, administer oaths, issue
      subpenas, and compel the attendance of witnesses and production
      of written or printed material as provided for in this chapter;
      issue cease-and-desist orders; review and vacate or modify or
      approve orders and decisions; and order the suspension,
      revocation, or withholding of any permit for failure to comply
      with any of the provisions of this chapter or any rules and
      regulations adopted pursuant thereto;
        (2) publish and promulgate such rules and regulations as may be
      necessary to carry out the purposes and provisions of this
      chapter;
        (3) administer the State grant-in-aid program for the
      development of State programs for surface and mining and
      reclamation operations provided for in subchapter V of this
      chapter;
        (4) administer the program for the purchase and reclamation of
      abandoned and unreclaimed mined areas pursuant to subchapter IV
      of this chapter;
        (5) administer the surface mining and reclamation research and
      demonstration project authority provided for in this chapter;
        (6) consult with other agencies of the Federal Government
      having expertise in the control and reclamation of surface mining
      operations and assist States, local governments, and other
      eligible agencies in the coordination of such programs;
        (7) maintain a continuing study of surface mining and
      reclamation operations in the United States;
        (8) develop and maintain an Information and Data Center on
      Surface Coal Mining, Reclamation, and Surface Impacts of
      Underground Mining, which will make such data available to the
      public and the Federal, regional, State, and local agencies
      conducting or concerned with land use planning and agencies
      concerned with surface and underground mining and reclamation
      operations;
        (9) assist the States in the development of State programs for
      surface coal mining and reclamation operations which meet the
      requirements of this chapter, and at the same time, reflect local
      requirements and local environmental and agricultural conditions;
        (10) assist the States in developing objective scientific
      criteria and appropriate procedures and institutions for
      determining those areas of a State to be designated unsuitable
      for all or certain types of surface coal mining pursuant to
      section 1272 of this title;
        (11) monitor all Federal and State research programs dealing
      with coal extraction and use and recommend to Congress the
      research and demonstration projects and necessary changes in
      public policy which are designated to (A) improve feasibility of
      underground coal mining, and (B) improve surface mining and
      reclamation techniques directed at eliminating adverse
      environmental and social impacts;
        (12) cooperate with other Federal agencies and State regulatory
      authorities to minimize duplication of inspections, enforcement,
      and administration of this chapter; and
        (13) perform such other duties as may be provided by law and
      relate to the purposes of this chapter.
    (d) Restriction on use of Federal coal mine health and safety
      inspectors
      The Director shall not use either permanently or temporarily any
    person charged with responsibility of inspecting coal mines under
    the Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 801
    et seq.], unless he finds and publishes such finding in the Federal
    Register, that such activities would not interfere with such
    inspections under the 1969 Act.
    (e) Repealed. Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat.
      2826
    (f) Conflict of interest; penalties; rules and regulations; report
      to Congress
      No employee of the Office or any other Federal employee
    performing any function or duty under this chapter shall have a
    direct or indirect financial interest in underground or surface
    coal mining operations. Whoever knowingly violates the provisions
    of the above sentence shall, upon conviction, be punished by a fine
    of not more than $2,500, or by imprisonment for not more than one
    year, or both. The Director shall (1) within sixty days after
    August 3, 1977, publish regulations, in accordance with section 553
    of title 5, to establish the methods by which the provisions of
    this subsection will be monitored and enforced, including
    appropriate provisions for the filing by such employees and the
    review of statements and supplements thereto concerning their
    financial interests which may be affected by this subsection, and
    (2) report to the Congress as part of the annual report (section
    1296 of this title) on the actions taken and not taken during the
    preceding calendar year under this subsection.
    (g) Petition for issuance, amendment, or repeal of rule; filing;
      hearing or investigation; notice of denial
      (1) After the Secretary has adopted the regulations required by
    section 1251 of this title, any person may petition the Director to
    initiate a proceeding for the issuance, amendment, or repeal of a
    rule under this chapter.
      (2) Such petitions shall be filed in the principal office of the
    Director and shall set forth the facts which it is claimed
    established that it is necessary to issue, amend, or repeal a rule
    under this chapter.
      (3) The Director may hold a public hearing or may conduct such
    investigation or proceeding as the Director deems appropriate in
    order to determine whether or not such petition should be granted.
      (4) Within ninety days after filing of a petition described in
    paragraph (1), the Director shall either grant or deny the
    petition. If the Director grants such petition, the Director shall
    promptly commence an appropriate proceeding in accordance with the
    provisions of this chapter. If the Director denies such petition,
    the Director shall so notify the petitioner in writing setting
    forth the reasons for such denial.

-SOURCE-
    (Pub. L. 95-87, title II, Sec. 201, Aug. 3, 1977, 91 Stat. 449;
    Pub. L. 95-240, title I, Sec. 100, Mar. 7, 1978, 92 Stat. 109; 1978
    Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92
    Stat. 3783; Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat.
    2826.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in subsecs. (b) and (d), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat.
    742, as amended, which was redesignated the Federal Mine Safety and
    Health Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9,
    1977, 91 Stat. 1290, and is classified principally to chapter 22
    (Sec. 801 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    801 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (e). Pub. L. 96-511 struck subsec. (e) which
    provided for consideration of Office of Surface Mining Reclamation
    and Enforcement as an independent Federal regulatory agency. See
    section 3502(10) of Title 44, Public Printing and Documents.
      1978 - Subsec. (b). Pub. L. 95-240 substituted "V" for "IV".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-511 effective Apr. 1, 1981, see section 5
    of Pub. L. 96-511, set out as a note under section 2904 of Title
    44, Public Printing and Documents.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (f) of this section relating to requirement to report to Congress
    on actions taken and not taken under subsec. (f), see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance, and page 109 of House Document No.
    103-7.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "The Director of the Office of Personnel Management" substituted
    for "a majority of members of the Civil Service Commission" in
    subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43
    F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5,
    Government Organization and Employees, which transferred all
    functions vested by statute in the United States Civil Service
    Commission to the Director of the Office of Personnel Management
    (except as otherwise specified), effective Jan. 1, 1979, as
    provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44
    F.R. 1055, set out under section 1101 of Title 5.

-MISC2-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                       TRAVEL AND PER DIEM EXPENSES                   
      Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1793,
    provided: "That notwithstanding any other provisions of law,
    appropriations for the Office of Surface Mining Reclamation and
    Enforcement may, hereafter, provide for the travel and per diem
    expenses of State and tribal personnel attending OSMRE sponsored
    training".
      Similar provisions were contained in the following appropriations
    acts:
      Pub. L. 109-54, title I, Aug. 2, 2005, 119 Stat. 512.
      Pub. L. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3054.
      Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1256.
      Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 230.
      Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 429.
      Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 933.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-147.
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-244.
      Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1553.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-191.
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-168; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2510.
      Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1389.
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1387.
      Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1002.
      Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1927.
      Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 712.

-FOOTNOTE-
    (!1) So in original. Probably should be section "5316".

-End-

-CITE-
    30 USC SUBCHAPTER III - STATE MINING AND MINERAL
           RESOURCES RESEARCH INSTITUTES                   01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
       SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
                                INSTITUTES

-COD-
                               CODIFICATION                           
      Subchapter was not enacted as part of the Surface Mining Control
    and Reclamation Act of 1977 which comprises this chapter.

-End-

-CITE-
    30 USC Sec. 1221                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1221. Authorization of State allotments to institutes

-STATUTE-
      (a)(1) There are authorized to be appropriated to the Secretary
    of the Interior (hereafter in this subchapter referred to as the
    "Secretary") funds adequate to provide for each participating State
    $400,000 for each of the fiscal years ending September 30, 1990,
    through September 30, 1994, to assist the States in carrying on the
    work of a competent and qualified mining and mineral resources
    research institute or center (hereafter in this subchapter referred
    to as the "institute") at one public college or university in the
    State which meets the eligibility criteria established in section
    1230 of this title.
      (2)(A) Funds appropriated under this section shall be made
    available for grants to be matched on a basis of no less than 2 non-
    Federal dollars for each Federal dollar.
      (B) If there is more than one such eligible college or university
    in a State, funds appropriated under this subchapter shall, in the
    absence of a designation to the contrary by act of the legislature
    of the State, be granted to one such college or university
    designated by the Governor of the State.
      (C) Where a State does not have a public college or university
    eligible under section 1230 of this title, the Committee on Mining
    and Mineral Resources Research established in section 1229 of this
    title (hereafter in this subchapter referred to as the "Committee")
    may allocate the State's allotment to one private college or
    university which it determines to be eligible under such section.
      (b) It shall be the duty of each institute to plan and conduct,
    or arrange for a component or components of the college or
    university with which it is affiliated to conduct research,
    investigations, demonstrations, and experiments of either, or both,
    a basic or practical nature in relation to mining and mineral
    resources, and to provide for the training of mineral engineers and
    scientists through such research, investigations, demonstrations,
    and experiments. The subject of such research, investigation,
    demonstration, experiment, and training may include exploration;
    extraction; processing; development; production of fuel and nonfuel
    mineral resources; mining and mineral technology; supply and demand
    for minerals; conservation and best use of available supplies of
    minerals; the economic, legal, social, engineering, recreational,
    biological, geographic, ecological, and other aspects of mining,
    mineral resources, and mineral reclamation. Such research,
    investigation, demonstration, experiment and training shall
    consider the interrelationship with the natural environment, the
    varying conditions and needs of the respective States, and mining
    and mineral resources research projects being conducted by agencies
    of the Federal and State governments and other institutes.

-SOURCE-
    (Pub. L. 98-409, Sec. 1, Aug. 29, 1984, 98 Stat. 1536; Pub. L. 100-
    483, Secs. 2-4, Oct. 12, 1988, 102 Stat. 2339.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1221, Pub. L. 95-87, title III, Sec. 301, Aug. 3,
    1977, 91 Stat. 451, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (a)(1). Pub. L. 100-483, Sec. 2, substituted
    "$400,000 for each of the fiscal years ending September 30, 1990,
    through September 30, 1994" for "$300,000 for the fiscal year
    ending September 30, 1985, and $400,000 to each participating State
    for each fiscal year thereafter for a total of five years".
      Subsec. (a)(2)(A). Pub. L. 100-483, Sec. 3, amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "Funds
    appropriated under this section shall be made available for grants
    to be matched on a basis of no less than one and one-half non-
    Federal dollars for each Federal dollar during the fiscal years
    ending September 30, 1985, and September 30, 1986, and no less than
    two non-Federal dollars for each Federal dollar during the fiscal
    years ending September 30, 1987, September 30, 1988, and September
    30, 1989."
      Subsec. (b). Pub. L. 100-483, Sec. 4, substituted "production of
    fuel and nonfuel mineral resources" for "production of mineral
    resources".

                                SHORT TITLE                            
      For short title of Pub. L. 98-409, which enacted this subchapter,
    as the Mining and Mineral Resources Institutes Act, see section 11
    of Pub. L. 98-409, as amended, set out as a note under section 1201
    of this title.

-End-

-CITE-
    30 USC Sec. 1222                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1222. Research funds to institutes

-STATUTE-
    (a) Authorization of appropriations
      There is authorized to be appropriated to the Secretary not more
    than $15,000,000 for each of the fiscal years ending September 30,
    1990, through September 30, 1994, which shall remain available
    until expended. Such funds when appropriated shall be made
    available to an institute or to institutes participating in a
    generic mineral technology center to meet the necessary expenses
    for purposes of - 
        (1) specific mineral research and demonstration projects of
      broad application, which could not otherwise be undertaken,
      including the expenses of planning and coordinating regional
      mining and mineral resources research projects by two or more
      institutes; and
        (2) research into any aspects of mining and mineral resources
      problems related to the mission of the Department of the
      Interior, which are deemed by the Committee to be desirable and
      are not otherwise being studied.

    There is authorized to be appropriated to the Secretary not more
    than $1,800,000 for each of the fiscal years after fiscal year 1996
    to be made available by the Secretary to an institute or institutes
    experienced in investigating the continental shelf regions of the
    United States, the deep seabed and near shore environments of
    islands, and the Arctic and cold water regions as a source for
    nonfuel minerals. Such funds are to be used by the institute or
    institutes to assist in developing domestic technological
    capabilities required for the location of, and the efficient and
    environmentally sound recovery of, minerals (other than oil and
    gas) from the Nation's shallow and deep seabed.
    (b) Application for funds; contents
      Each application for funds under subsection (a) of this section
    shall state, among other things, the nature of the project to be
    undertaken; the period during which it will be pursued; the
    qualifications of the personnel who will direct and conduct it; the
    estimated costs; the importance of the project to the Nation,
    region, or State concerned; its relation to other known research
    projects theretofore pursued or being pursued; the extent to which
    the proposed project will provide opportunity for the training of
    mining and mineral engineers and scientists; and the extent of
    participation by nongovernmental sources in the project.
    (c) Research facilities; selection of institutes; designation of
      funds for scholarships and fellowships
      The Committee shall review all such funding applications and
    recommend to the Secretary the use of the institutes, insofar as
    practicable, to perform special research. Recommendations shall be
    made without regard to the race, religion, or sex of the personnel
    who will conduct and direct the research, and on the basis of the
    facilities available in relation to the particular needs of the
    research project; special geographic, geologic, or climatic
    conditions within the immediate vicinity of the institute; any
    other special requirements of the research project; and the extent
    to which such project will provide an opportunity for training
    individuals as mineral engineers and scientists. The Committee
    shall recommend to the Secretary the designation and utilization of
    such portions of the funds authorized to be appropriated by this
    section as it deems appropriate for the purpose of providing
    scholarships, graduate fellowships, and postdoctoral fellowships.
    (d) Requirements for receipt of funds
      No funds shall be made available under subsection (a) of this
    section except for a project approved by the Secretary and all
    funds shall be made available upon the basis of merit of the
    project, the need for the knowledge which it is expected to produce
    when completed, and the opportunity it provides for the training of
    individuals as mineral engineers and scientists.
    (e) Restriction on application of funds
      No funds made available under this section shall be applied to
    the acquisition by purchase or lease of any land or interests
    therein, or the rental, purchase, construction, preservation, or
    repair of any building.

-SOURCE-
    (Pub. L. 98-409, Sec. 2, Aug. 29, 1984, 98 Stat. 1537; Pub. L. 100-
    483, Sec. 5, Oct. 12, 1988, 102 Stat. 2339; Pub. L. 104-312, Sec.
    1(a), Oct. 19, 1996, 110 Stat. 3819.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1222, Pub. L. 95-87, title III, Sec. 302, Aug. 3,
    1977, 91 Stat. 452, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-312 inserted at end "There is
    authorized to be appropriated to the Secretary not more than
    $1,800,000 for each of the fiscal years after fiscal year 1996 to
    be made available by the Secretary to an institute or institutes
    experienced in investigating the continental shelf regions of the
    United States, the deep seabed and near shore environments of
    islands, and the Arctic and cold water regions as a source for
    nonfuel minerals. Such funds are to be used by the institute or
    institutes to assist in developing domestic technological
    capabilities required for the location of, and the efficient and
    environmentally sound recovery of, minerals (other than oil and
    gas) from the Nation's shallow and deep seabed."
      1988 - Subsec. (a). Pub. L. 100-483, in introductory provisions,
    substituted "not more than $15,000,000 for each of the fiscal years
    ending September 30, 1990, through September 30, 1994" for
    "$10,000,000 for the fiscal year ending September 30, 1985. This
    amount shall be increased by $1,000,000 for each fiscal year
    thereafter for four additional years" and "an institute or to
    institutes participating in a generic mineral technology center"
    for "institutes".

-End-

-CITE-
    30 USC Sec. 1223                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1223. Funding criteria

-STATUTE-
      (a) Funds available to institutes under sections 1221 and 1222 of
    this title shall be paid at such times and in such amounts during
    each fiscal year as determined by the Secretary, and upon vouchers
    approved by him. Each institute shall - 
        (1) set forth its plan to provide for the training of
      individuals as mineral engineers and scientists under a
      curriculum appropriate to the field of mineral resources and
      mineral engineering and related fields;
        (2) set forth policies and procedures which assure that Federal
      funds made available under this subchapter for any fiscal year
      will supplement and, to the extent practicable, increase the
      level of funds that would, in the absence of such Federal funds,
      be made available for purposes of this subchapter, and in no case
      supplant such funds; and
        (3) have an officer appointed by its governing authority who
      shall receive and account for all funds paid under the provisions
      of this subchapter and shall make an annual report to the
      Secretary on or before the first day of September of each year,
      on work accomplished and the status of projects underway,
      together with a detailed statement of the amounts received under
      any provisions of this subchapter during the preceding fiscal
      year, and of its disbursements on schedules prescribed by the
      Secretary.

    If any of the funds received by the authorized receiving officer of
    any institute under the provisions of this subchapter shall by any
    action or contingency be found by the Secretary to have been
    improperly diminished, lost, or misapplied, such funds shall be
    replaced by the State concerned and until so replaced no subsequent
    appropriation shall be allotted or paid to any institute of such
    State.
      (b) The institutes are authorized and encouraged to plan and
    conduct programs under this subchapter in cooperation with each
    other and with such other agencies and individuals as may
    contribute to the solution of the mining and mineral resources
    problems involved. Moneys appropriated pursuant to this subchapter
    shall be available for paying the necessary expenses of planning,
    coordinating, and conducting such cooperative research.

-SOURCE-
    (Pub. L. 98-409, Sec. 3, Aug. 29, 1984, 98 Stat. 1538.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1223, Pub. L. 95-87, title III, Sec. 303, Aug. 3,
    1977, 91 Stat. 453, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-

-CITE-
    30 USC Sec. 1224                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1224. Duties of Secretary

-STATUTE-
    (a) Consulting with other agencies; prescribing rules and
      regulations; furnishing advice and assistance; coordinating
      research
      The Secretary, acting through the Director of the United States
    Bureau of Mines, shall administer this subchapter and, after full
    consultation with other interested Federal agencies, shall
    prescribe such rules and regulations as may be necessary to carry
    out its provisions. The Secretary shall furnish such advice and
    assistance as will best promote the purposes of this subchapter,
    shall participate in coordinating research initiated under this
    subchapter by the institutes, shall indicate to them such lines of
    inquiry that seem most important, and shall encourage and assist in
    the establishment and maintenance of cooperation by and between the
    institutes and between them and other research organizations, the
    United States Department of the Interior, and other Federal
    establishments.
    (b) Annual ascertainment of compliance
      On or before the first day of July in each year beginning after
    August 29, 1984, the Secretary shall ascertain whether the
    requirements of section 1223(a) of this title have been met as to
    each institute and State.

-SOURCE-
    (Pub. L. 98-409, Sec. 4, Aug. 29, 1984, 98 Stat. 1538; Pub. L. 100-
    483, Sec. 6, Oct. 12, 1988, 102 Stat. 2340; Pub. L. 102-285, Sec.
    10(b), May 18, 1992, 106 Stat. 172.)

-COD-
                               CODIFICATION                           
      Subsec. (c) of this section, which required the Secretary to make
    an annual report to Congress on the receipts, expenditures, and
    work of the institutes in all States under the provisions of this
    subchapter, terminated, effective May 15, 2000, pursuant to section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance. See, also, page 109 of House
    Document No. 103-7.
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1224, Pub. L. 95-87, title III, Sec. 304, Aug. 3,
    1977, 91 Stat. 454, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-483 inserted ", acting through
    the Director of the Bureau of Mines," after "The Secretary".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-End-

-CITE-
    30 USC Sec. 1225                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1225. Effect on colleges and universities

-STATUTE-
      Nothing in this subchapter shall be construed to impair or modify
    the legal relationship existing between any of the colleges or
    universities under whose direction an institute is established and
    the government of the State in which it is located, and nothing in
    this subchapter shall in any way be construed to authorize Federal
    control or direction of education at any college or university.

-SOURCE-
    (Pub. L. 98-409, Sec. 5, Aug. 29, 1984, 98 Stat. 1539.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1225, Pub. L. 95-87, title III, Sec. 305, Aug. 3,
    1977, 91 Stat. 454, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-

-CITE-
    30 USC Sec. 1226                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1226. Research

-STATUTE-
    (a) Coordination with existing programs; availability of
      information to public
      The Secretary shall obtain the continuing advice and cooperation
    of all agencies of the Federal Government concerned with mining and
    mineral resources, of State and local governments, and of private
    institutions and individuals to assure that the programs authorized
    by this subchapter will supplement and not be redundant with
    respect to established mining and minerals research programs, and
    to stimulate research in otherwise neglected areas, and to
    contribute to a comprehensive nationwide program of mining and
    minerals research, with due regard for the protection and
    conservation of the environment. The Secretary shall make generally
    available information and reports on projects completed, in
    progress, or planned under the provisions of this subchapter, in
    addition to any direct publication of information by the institutes
    themselves.
    (b) Effect on Federal agencies
      Nothing in this subchapter is intended to give or shall be
    construed as giving the Secretary any authority over mining and
    mineral resources research conducted by any agency of the Federal
    Government, or as repealing or diminishing existing authorities or
    responsibilities of any agency of the Federal Government to plan
    and conduct, contract for, or assist in research in its area of
    responsibility and concern with regard to mining and mineral
    resources.
    (c) Availability of results to public
      No research, demonstration, or experiment shall be carried out
    under this subchapter by an institute financed by grants under this
    subchapter, unless all uses, products, processes, patents, and
    other developments resulting therefrom, with such exception or
    limitation, if any, as the Secretary may find necessary in the
    public interest, are made available promptly to the general public.
    Patentable inventions shall be governed by the provisions of Public
    Law 96-517. Nothing contained in this section shall deprive the
    owner of any background patent relating to any such activities of
    any rights which that owner may have under that patent.
    (d) Authorization of appropriations
      (1) There is authorized to be appropriated to the Secretary
    $450,000 for each of the fiscal years ending September 30, 1990,
    through September 30, 1994, to administer this subchapter. No funds
    may be withheld by the Secretary for administrative expenses from
    those authorized to be appropriated by sections 1221 and 1222 of
    this title.
      (2) There are authorized to be appropriated to the Secretary such
    sums as are necessary for the printing and publishing of the
    results of activities carried out by institutes and generic mineral
    technology centers under this subchapter, but such appropriations
    shall not exceed $550,000 in any single fiscal year.

-SOURCE-
    (Pub. L. 98-409, Sec. 6, Aug. 29, 1984, 98 Stat. 1539; Pub. L. 100-
    483, Sec. 7, Oct. 12, 1988, 102 Stat. 2340.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 96-517, referred to in subsec. (c), is Pub. L. 96-517,
    Dec. 12, 1980, 94 Stat. 3015. Section 6(a) of Pub. L. 96-517,
    relating to patent rights in inventions made with Federal
    assistance, is classified to chapter 18 (Sec. 200 et seq.) of Title
    35, Patents. For complete classification of this Act to the Code,
    see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1226, Pub. L. 95-87, title III, Sec. 306, Aug. 3,
    1977, 91 Stat. 454, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (d). Pub. L. 100-483 amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "There
    are authorized to be appropriated after September 30, 1984, such
    sums as are necessary for the printing and publishing of the
    results of activities carried out by institutes under this
    subchapter and for administrative planning and direction, but such
    appropriations shall not exceed $1,000,000 in any single fiscal
    year."

-End-

-CITE-
    30 USC Sec. 1227                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1227. Center for cataloging

-STATUTE-
      The Secretary shall establish a center for cataloging current and
    projected scientific research in all fields of mining and mineral
    resources. Each Federal agency doing mining and mineral resources
    research shall cooperate by providing the cataloging center with
    information on work underway or scheduled by it. The cataloging
    center shall classify and maintain for public use a catalog of
    mining and mineral resources research and investigation projects in
    progress or scheduled by all Federal agencies and by such non-
    Federal agencies of government, colleges, universities, private
    institutions, firms, and individuals as may make such information
    available.

-SOURCE-
    (Pub. L. 98-409, Sec. 7, Aug. 29, 1984, 98 Stat. 1540.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1227, Pub. L. 95-87, title III, Sec. 307, Aug. 3,
    1977, 91 Stat. 455, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-

-CITE-
    30 USC Sec. 1228                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1228. Interagency cooperation

-STATUTE-
      The President shall, by such means as he deems appropriate,
    clarify agency responsibility for Federal mining and mineral
    resources research and provide for interagency coordination of such
    research, including the research authorized by this subchapter.
    Such coordination shall include - 
        (1) continuing review of the adequacy of the Government-wide
      program in mining and mineral resources research;
        (2) identification and elimination of duplication and overlap
      between agency programs;
        (3) identification of technical needs in various mining and
      mineral resources research categories;
        (4) recommendations with respect to allocation of technical
      effort among Federal agencies;
        (5) review of technical manpower needs, and findings concerning
      management policies to improve the quality of the Government-wide
      research effort; and
        (6) actions to facilitate interagency communication at
      management levels.

-SOURCE-
    (Pub. L. 98-409, Sec. 8, Aug. 29, 1984, 98 Stat. 1540.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1228, Pub. L. 95-87, title III, Sec. 308, Aug. 3,
    1977, 91 Stat. 455, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-

-CITE-
    30 USC Sec. 1229                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1229. Committee on Mining and Mineral Resources Research

-STATUTE-
    (a) Appointment; composition
      The Secretary shall appoint a Committee on Mining and Mineral
    Resources Research composed of - 
        (1) the Assistant Secretary of the Interior responsible for
      minerals and mining research, or his delegate;
        (2) the Director, United States Bureau of Mines, or his
      delegate;
        (3) the Director, United States Geological Survey, or his
      delegate;
        (4) the Director of the National Science Foundation, or his
      delegate;
        (5) the President, National Academy of Sciences, or his
      delegate;
        (6) the President, National Academy of Engineering, or his
      delegate; and
        (7) not more than 7 other persons who are knowledgeable in the
      fields of mining and mineral resources research, including two
      university administrators involved in the conduct of programs
      authorized by this subchapter, 3 representatives from the mining
      industry, a working miner, and a representative from the
      conservation community. In making these 7 appointments, the
      Secretary shall consult with interested groups.
    (b) Consultation and recommendations
      The Committee shall consult with, and make recommendations to,
    the Secretary on all matters relating to mining and mineral
    resources research and the determinations that are required to be
    made under this subchapter. The Secretary shall consult with, and
    consider recommendations of, such Committee in such matters.
    (c) Compensation, travel, subsistence and related expenses
      Committee members, other than officers or employees of Federal,
    State, or local governments, shall be, for each day (including
    traveltime) during which they are performing Committee business,
    paid at a rate fixed by the Secretary but not (!1) excess of the
    daily equivalent of the maximum rate of pay for grade GS-18 of the
    General Schedule under section 5332 of title 5, and shall be fully
    reimbursed for travel, subsistence, and related expenses.

    (d) Chairmanship of Committee
      The Committee shall be jointly chaired by the Assistant Secretary
    of the Interior responsible for minerals and mining and a person to
    be elected by the Committee from among the members referred to in
    paragraphs (5), (6), and (7) of subsection (a) of this section.
    (e) National plan for research
      The Committee shall develop a national plan for research in
    mining and mineral resources, considering ongoing efforts in the
    universities, the Federal Government, and the private sector, and
    shall formulate and recommend a program to implement the plan
    utilizing resources provided for under this subchapter. The
    Committee shall submit such plan to the Secretary, the President,
    and the Congress on or before March 1, 1986, and shall submit an
    annual update of such plan by January 15 of each calendar year.
    (f) Application of Federal Advisory Committee Act
      Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.)
    shall not apply to the Committee.

-SOURCE-
    (Pub. L. 98-409, Sec. 9, Aug. 29, 1984, 98 Stat. 1540; Pub. L. 100-
    483, Secs. 8, 9, Oct. 12, 1988, 102 Stat. 2340; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 10 of the Federal Advisory Committee Act, referred to in
    subsec. (f), is section 10 of Pub. L. 92-463, which is set out in
    the Appendix to Title 5, Government Organization and Employees.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1229, Pub. L. 95-87, title III, Sec. 309, Aug. 3,
    1977, 91 Stat. 455, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (a)(7). Pub. L. 100-483, Sec. 8, substituted "7
    other persons" for "six other persons", "this subchapter, 3" for
    "section 301 of the Surface Mining Control and Reclamation Act of
    1977, two", and "7 appointments" for "six appointments".
      Subsec. (e). Pub. L. 100-483, Sec. 9, substituted "submit an
    annual update of such plan by January 15 of each calendar year" for
    "update the plan annually thereafter".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-MISC2-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (e) of this section relating to the requirement to submit annual
    updates of the national plan to Congress, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 157 of House Document No. 103-
    7.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                                  REPORTS                              
      Section 11 of Pub. L. 100-483 directed Committee on Mining and
    Mineral Resources Research to submit a report to Congress by Jan.
    15, 1992, on programs established under this subchapter, including
    reviews of activities of the institutes and generic mineral
    technology centers established under this subchapter, each
    institute's and center's eligibility pursuant to section 1230 of
    this title, and recommendations on establishing new generic mineral
    technology centers, as well as phasing out or consolidating
    existing centers, and further directed Committee to submit to
    Congress, by Jan. 15, 1990, a proposal to establish a Generic
    Mineral Technology Center on Strategic and Critical Minerals.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "in".

-End-

-CITE-
    30 USC Sec. 1230                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1230. Eligibility criteria

-STATUTE-
      (a) The Committee shall determine the eligibility of a college or
    university to participate as a mining and mineral resources
    research institute under this subchapter using criteria which
    include - 
        (1) the presence of a substantial program of graduate
      instruction and research in mining or mineral extraction or
      closely related fields which has a demonstrated history of
      achievement;
        (2) evidence of institutional commitment for the purposes of
      this subchapter;
        (3) evidence that such institution has or can obtain
      significant industrial cooperation in activities within the scope
      of this subchapter; and
        (4) the presence of an engineering program in mining or
      minerals extraction that is accredited by the Accreditation Board
      for Engineering and Technology, or evidence of equivalent
      institutional capability as determined by the Committee.

      (b)(1) Notwithstanding the provisions of subsection (a) of this
    section, those colleges or universities which, on October 12, 1988,
    have a mining or mineral resources research institute program which
    has been found to be eligible pursuant to this subchapter shall
    continue to be eligible subject to review at least once during the
    period authorized by the Mining and Mineral Resources Research
    Institute Amendments of 1988, under the provisions of subsection
    (a) of this section. The results of such review shall be submitted
    by January 15, 1992, pursuant to section 11(a)(2) of the Mining and
    Mineral Resources Research Institute Amendments of 1988.
      (2) Generic mineral technology centers established by the
    Secretary under this subchapter are to be composed of institutes
    eligible pursuant to subsection (a) of this section. Existing
    generic mineral technology centers shall continue to be eligible
    under this subchapter subject to at least one review prior to
    January 15, 1992, pursuant to section 11(a)(3) of the Mining and
    Mineral Resources Research Institute Amendments of 1988.

-SOURCE-
    (Pub. L. 98-409, Sec. 10, Aug. 29, 1984, 98 Stat. 1541; Pub. L. 100-
    483, Sec. 10, Oct. 12, 1988, 102 Stat. 2340.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mining and Mineral Resources Research Institute Amendments of
    1988, referred to in subsec. (b), is Pub. L. 100-483, Oct. 12,
    1988, 102 Stat. 2339. Section 11(a)(2) and (3) of the Mining and
    Mineral Resources Research Institute Amendments of 1988 is set out
    as a note under section 1229 of this title. For complete
    classification of this Act to the Code, see Short Title of 1988
    Amendment note set out under section 1201 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-483 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
    "Notwithstanding the provisions of subsection (a) of this section,
    those colleges or universities which, on August 29, 1984, have a
    mining or mineral resources research institute program which has
    been found to be eligible pursuant to title III of the Surface
    Mining Control and Reclamation Act of 1977 (91 Stat. 445) shall
    continue to be eligible pursuant to this subchapter for a period of
    four fiscal years beginning October 1, 1984."

-End-

-CITE-
    30 USC Sec. 1230a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1230a. Strategic Resources Generic Mineral Technology Center

-STATUTE-
    (a) Establishment
      The Secretary of (!1) Interior is authorized and directed to
    establish a Strategic Resources Mineral Technology Center
    (hereinafter referred to as the "center") for the purpose of
    improving existing, and developing new, technologies that will
    decrease the dependence of the United States on supplies of
    strategic and critical minerals.

    (b) Functions
      The center shall - 
        (1) provide for studies and technology development in the areas
      of mineral extraction and refining processes, product
      substitution and conservation of mineral resources through
      recycling and advanced processing and fabrication methods;
        (2) identify new deposits of strategic and critical mineral
      resources; and
        (3) facilitate the transfer of information, studies, and
      technologies developed by the center to the private sector.
    (c) Criteria
      The Secretary shall establish the center referred to in
    subsection (a) of this section at a university that - 
        (1) does not currently host a generic mineral technology
      center;
        (2) has established advanced degree programs in geology and
      geological engineering, and metallurgical and mining engineering;
        (3) has expertise in materials and advanced processing
      research; and
        (4) is located west of the 100th meridian.
    (d) Authorization of appropriations
      There is authorized to be appropriated such sums as may be
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 98-409, Sec. 12, as added Pub. L. 101-498, Sec. 2, Nov. 2,
    1990, 104 Stat. 1207.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "of the".

-End-

-CITE-
    30 USC SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
                SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS            

-End-

-CITE-
    30 USC Sec. 1231                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1231. Abandoned Mine Reclamation Fund

-STATUTE-
    (a) Establishment; administration; State funds
      There is created on the books of the Treasury of the United
    States a trust fund to be known as the Abandoned Mine Reclamation
    Fund (hereinafter referred to as the "fund") which shall be
    administered by the Secretary of the Interior. State abandoned mine
    reclamation funds (State funds) generated by grants from this
    subchapter shall be established by each State pursuant to an
    approved State program.
    (b) Sources of deposits to fund
      The fund shall consist of amounts deposited in the fund, from
    time to time derived from - 
        (1) the reclamation fees levied under section 1232 of this
      title;
        (2) any user charge imposed on or for land reclaimed pursuant
      to this subchapter after expenditures for maintenance have been
      deducted;
        (3) donations by persons, corporations, associations, and
      foundations for the purposes of this subchapter;
        (4) recovered moneys as provided for in this subchapter; and
        (5) interest credited to the fund under subsection (e) of this
      section.
    (c) Use of moneys
      Moneys in the fund may be used for the following purposes:
        (1) reclamation and restoration of land and water resources
      adversely affected by past coal mining, including but not limited
      to reclamation and restoration of abandoned surface mine areas,
      abandoned coal processing areas, and abandoned coal refuse
      disposal areas; sealing and filling abandoned deep mine entries
      and voids; planting of land adversely affected by past coal
      mining to prevent erosion and sedimentation; prevention,
      abatement, treatment, and control of water pollution created by
      coal mine drainage including restoration of stream beds, and
      construction and operation of water treatment plants; prevention,
      abatement, and control of burning coal refuse disposal areas and
      burning coal in situ; prevention, abatement, and control of coal
      mine subsidence; and establishment of self-sustaining, individual
      State administered programs to insure private property against
      damages caused by land subsidence resulting from underground coal
      mining in those States which have reclamation plans approved in
      accordance with section 1253 of this title: Provided, That funds
      used for this purpose shall not exceed $3,000,000 of the funds
      made available to any State under section 1232(g)(1) of this
      title;
        (2) acquisition and filling of voids and sealing of tunnels,
      shafts, and entryways under section 1239 of this title;
        (3) acquisition of land as provided for in this subchapter;
        (4) enforcement and collection of the reclamation fee provided
      for in section 1232 of this title;
        (5) restoration, reclamation, abatement, control, or prevention
      of adverse effects of coal mining which constitutes an emergency
      as provided for in this subchapter;
        (6) grants to the States to accomplish the purposes of this
      subchapter;
        (7) administrative expenses of the United States and each State
      to accomplish the purposes of this subchapter;
        (8) for use under section 1240a of this title;
        (9) for the purpose of section 1257(c) of this title, except
      that not more than $10,000,000 shall annually be available for
      such purpose;
        (10) for the purpose described in section 1232(h) of this
      title; and
        (11) all other necessary expenses to accomplish the purposes of
      this subchapter.
    (d) Availability of moneys; no fiscal year limitation
      (1) In general
        Moneys from the fund for expenditures under subparagraphs (A)
      through (D) of section 1232(g)(3) of this title shall be
      available only when appropriated for those subparagraphs.
      (2) No fiscal year limitation
        Appropriations described in paragraph (1) shall be made without
      fiscal year limitation.
      (3) Other purposes
        Moneys from the fund shall be available for all other purposes
      of this subchapter without prior appropriation as provided in
      subsection (f).
    (e) Interest
      The Secretary of the Interior shall notify the Secretary of the
    Treasury as to what portion of the fund is not, in his judgment,
    required to meet current withdrawals. The Secretary of the Treasury
    shall invest such portion of the fund in public debt securities
    with maturities suitable for achieving the purposes of the
    transfers under section 1232(h) of this title and bearing interest
    at rates determined by the Secretary of the Treasury, taking into
    consideration current market yields on outstanding marketable
    obligations of the United States of comparable maturities. The
    income on such investments shall be credited to, and form a part
    of, the fund for the purpose of the transfers under section 1232(h)
    of this title.
    (f) General limitation on obligation authority
      (1) In general
        From amounts deposited into the fund under subsection (b), the
      Secretary shall distribute during each fiscal year beginning
      after September 30, 2007, an amount determined under paragraph
      (2).
      (2) Amounts
        (A) For fiscal years 2008 through 2022
          For each of fiscal years 2008 through 2022, the amount
        distributed by the Secretary under this subsection shall be
        equal to - 
            (i) the amounts deposited into the fund under paragraphs
          (1), (2), and (4) of subsection (b) for the preceding fiscal
          year that were allocated under paragraphs (1) and (5) of
          section 1232(g) of this title; plus
            (ii) the amount needed for the adjustment under section
          1232(g)(8) of this title for the current fiscal year.
        (B) Fiscal years 2023 and thereafter
          For fiscal year 2023 and each fiscal year thereafter, to the
        extent that funds are available, the Secretary shall distribute
        an amount equal to the amount distributed under subparagraph
        (A) during fiscal year 2022.
      (3) Distribution
        (A) In general
          Except as provided in subparagraph (B), for each fiscal year,
        of the amount to be distributed to States and Indian tribes
        pursuant to paragraph (2), the Secretary shall distribute - 
            (i) the amounts allocated under paragraph (1) of section
          1232(g) of this title, the amounts allocated under paragraph
          (5) of section 1232(g) of this title, and any amount
          reallocated under section 1240a(h)(3) of this title in
          accordance with section 1240a(h)(2) of this title, for grants
          to States and Indian tribes under section 1232(g)(5) of this
          title; and
            (ii) the amounts allocated under section 1232(g)(8) of this
          title.
        (B) Exclusion
          Beginning on October 1, 2007, certified States shall be
        ineligible to receive amounts under section 1232(g)(1) of this
        title.
      (4) Availability
        Amounts in the fund available to the Secretary for obligation
      under this subsection shall be available until expended.
      (5) Addition
        (A) In general
          Subject to subparagraph (B), the amount distributed under
        this subsection for each fiscal year shall be in addition to
        the amount appropriated from the fund during the fiscal year.
        (B) Exceptions
          Notwithstanding paragraph (3), the amount distributed under
        this subsection for the first 4 fiscal years beginning on and
        after October 1, 2007, shall be equal to the following
        percentage of the amount otherwise required to be distributed:
            (i) 50 percent in fiscal year 2008.
            (ii) 50 percent in fiscal year 2009.
            (iii) 75 percent in fiscal year 2010.
            (iv) 75 percent in fiscal year 2011.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 401, Aug. 3, 1977, 91 Stat. 456;
    Pub. L. 98-473, title I, Sec. 101(c) [title III, Sec. 324], Oct.
    12, 1984, 98 Stat. 1837, 1875; Pub. L. 101-508, title VI, Sec.
    6002, Nov. 5, 1990, 104 Stat. 1388-289; Pub. L. 102-486, title XIX,
    Sec. 19143(b)(3)(A), title XXV, Sec. 2504(c)(1), Oct. 24, 1992, 106
    Stat. 3056, 3105; Pub. L. 109-432, div. C, title II, Sec. 201(a),
    Dec. 20, 2006, 120 Stat. 3006.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(2) to (13). Pub. L. 109-432, Sec. 201(a)(1),
    redesignated pars. (3) to (5) and (7) to (13) as (2) to (4) and (5)
    to (11), respectively, and struck out former pars. (2) and (6)
    which read as follows:
      "(2) for transfer on an annual basis to the Secretary of
    Agriculture for use under section 1236 of this title;" and
      "(6) studies, research, and demonstration projects by the
    Department of the Interior to such extent or in such amounts as are
    provided in appropriation Acts with public and private
    organizations conducted in accordance with section 3501 of the
    Omnibus Budget Reconciliation Act of 1986, conducted for the
    purposes of this subchapter;".
      Subsec. (d). Pub. L. 109-432, Sec. 201(a)(2), added subsec. (d)
    and struck out former subsec. (d) which read as follows: "Moneys
    from the fund shall be available for the purposes of this
    subchapter, only when appropriated therefor, and such
    appropriations shall be made without fiscal year limitations."
      Subsec. (e). Pub. L. 109-432, Sec. 201(a)(3), in second sentence,
    substituted "achieving the purposes of the transfers under section
    1232(h) of this title" for "the needs of such fund" and, in third
    sentence, inserted "for the purpose of the transfers under section
    1232(h) of this title" before period at end.
      Subsec. (f). Pub. L. 109-432, Sec. 201(a)(4), added subsec. (f).
      1992 - Subsec. (c)(6). Pub. L. 102-486, Sec. 2504(c)(1),
    substituted "studies, research, and demonstration projects" for
    "studies" and struck out "to provide information, advice, and
    technical assistance, including research and demonstration
    projects" after "private organizations".
      Subsec. (c)(12), (13). Pub. L. 102-486, Sec. 19143(b)(3)(A),
    added par. (12) and redesignated former par. (12) as (13).
      1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 6002(a)(1), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "the reclamation fees levied under section 1232 of this title:
    Provided, That an amount not to exceed 10 per centum of such
    reclamation fees collected for any calendar quarter shall be
    reserved beginning in the first calendar year in which the fee is
    imposed and continuing for the remainder of that fiscal year and
    for the period in which such fee is imposed by law, for the purpose
    of section 1257(c) of this title, subject to appropriation pursuant
    to authorization under section 1302 of this title: Provided
    further, That not more than $10,000,000 shall be available for such
    purposes;".
      Subsec. (b)(5). Pub. L. 101-508, Sec. 6002(a)(2), added par. (5).
      Subsec. (c)(1). Pub. L. 101-508, Sec. 6002(b)(1), substituted
    "section 1232(g)(1)" for "section 1232(g)(2)".
      Subsec. (c)(2). Pub. L. 101-508, Sec. 6002(b)(2), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "for
    use under section 1236 of this title, by the Secretary of
    Agriculture, of up to one-fifth of the money deposited in the funds
    annually and transferred by the Secretary of the Interior to the
    Secretary of Agriculture for such purposes;".
      Subsec. (c)(6). Pub. L. 101-508, Sec. 6002(b)(3), struck out "by
    contract" after "Department of the Interior" and inserted
    "conducted in accordance with section 3501 of the Omnibus Budget
    Reconciliation Act of 1986" after "projects".
      Subsec. (c)(10) to (12). Pub. L. 101-508, Sec. 6002(b)(5), added
    pars. (10) and (11) and redesignated former par. (10) as (12).
      Subsec. (e). Pub. L. 101-508, Sec. 6002(c), added subsec. (e).
      1984 - Subsec. (c)(1). Pub. L. 98-473 inserted at end "and
    establishment of self-sustaining, individual State administered
    programs to insure private property against damages caused by land
    subsidence resulting from underground coal mining in those States
    which have reclamation plans approved in accordance with section
    1253 of this title: Provided, That funds used for this purpose
    shall not exceed $3,000,000 of the funds made available to any
    State under section 1232(g)(2) of this title;".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 6014 of Pub. L. 101-508 provided that: "The amendments
    made by this subtitle [subtitle A (Secs. 6001-6014) of title VI of
    Pub. L. 101-508, enacting section 1240a of this title and amending
    this section and sections 1232 to 1237, 1239, 1257, and 1302 of
    this title] shall take effect at the beginning of the first fiscal
    year [Oct. 1, 1991] immediately following the fiscal year in which
    this subtitle is enacted."

                             SAVINGS PROVISION                         
      Section 6013 of Pub. L. 101-508 provided that: "Nothing in this
    subtitle [subtitle A (Secs. 6001-6014) of title VI of Pub. L. 101-
    508, see Short Title of 1990 Amendment note set out under section
    1201 of this title] shall be construed to affect the certifications
    made by the State of Wyoming, the State of Montana, and the State
    of Louisiana to the Secretary of the Interior prior to the date of
    enactment of this subtitle [Nov. 5, 1990] that such State has
    completed the reclamation of eligible abandoned coal mine lands."

    ABANDONED MINE RECLAMATION FUND; DEPOSIT AND EXPENDITURE OF CERTAIN
                                 DONATIONS
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-245, provided in part: "That hereafter,
    donations received to support projects under the Appalachian Clean
    Streams Initiative and under the Western Mine Lands Restoration
    Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be
    credited to this account and remain available until expended
    without further appropriation for projects sponsored under these
    initiatives, directly through agreements with other Federal
    agencies, or through grants to States, and funding to local
    governments, or tax exempt private entities."

            ABANDONED MINE RECLAMATION RESEARCH AND DEVELOPMENT        
      Pub. L. 99-509, title III, Sec. 3501, Oct. 21, 1986, 100 Stat.
    1891, as amended by Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106
    Stat. 172, provided that after enactment of Pub. L. 99-509, the
    research and demonstration authorities of the Department of the
    Interior under former subsec. (c)(6) of this section were to be
    transferred to, and carried out by, the Director of the United
    States Bureau of Mines.

-End-

-CITE-
    30 USC Sec. 1232                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1232. Reclamation fee

-STATUTE-
    (a) Payment; rate
      All operators of coal mining operations subject to the provisions
    of this chapter shall pay to the Secretary of the Interior, for
    deposit in the fund, a reclamation fee of 31.5 cents per ton of
    coal produced by surface coal mining and 13.5 cents per ton of coal
    produced by underground mining or 10 per centum of the value of the
    coal at the mine, as determined by the Secretary, whichever is
    less, except that the reclamation fee for lignite coal shall be at
    a rate of 2 per centum of the value of the coal at the mine, or 9
    cents per ton, whichever is less.
    (b) Due date
      Such fee shall be paid no later than thirty days after the end of
    each calendar quarter beginning with the first calendar quarter
    occurring after August 3, 1977, and ending September 30, 2021.
    (c) Submission of statement
      Together with such reclamation fee, all operators of coal mine
    operations shall submit a statement of the amount of coal produced
    during the calendar quarter, the method of coal removal and the
    type of coal, the accuracy of which shall be sworn to by the
    operator and notarized. Such statement shall include an
    identification of the permittee of the surface coal mining
    operation, any operator in addition to the permittee, the owner of
    the coal, the preparation plant, tripple,(!1) or loading point for
    the coal, and the person purchasing the coal from the operator. The
    report shall also specify the number of the permit required under
    section 1256 of this title and the mine safety and health
    identification number. Each quarterly report shall contain a
    notification of any changes in the information required by this
    subsection since the date of the preceding quarterly report. The
    information contained in the quarterly reports under this
    subsection shall be maintained by the Secretary in a computerized
    database.

    (d) Penalty
      (1) Any person, corporate officer, agent or director, on behalf
    of a coal mine operator, who knowingly makes any false statement,
    representation or certification, or knowingly fails to make any
    statement, representation or certification required in this section
    shall, upon conviction, be punished by a fine of not more than
    $10,000, or by imprisonment for not more than one year, or both.
      (2) The Secretary shall conduct such audits of coal production
    and the payment of fees under this subchapter as may be necessary
    to ensure full compliance with the provisions of this subchapter.
    For purposes of performing such audits the Secretary (or any duly
    designated officer, employee, or representative of the Secretary)
    shall, at all reasonable times, upon request, have access to, and
    may copy, all books, papers, and other documents of any person
    subject to the provisions of this subchapter. The Secretary may at
    any time conduct audits of any surface coal mining and reclamation
    operation, including without limitation, tipples and preparation
    plants, as may be necessary in the judgment of the Secretary to
    ensure full and complete payment of the fees under this subchapter.
    (e) Civil action to recover fee
      Any portion of the reclamation fee not properly or promptly paid
    pursuant to this section shall be recoverable, with statutory
    interest, from coal mine operators, in any court of competent
    jurisdiction in any action at law to compel payment of debts.
    (f) Cooperation from other agencies
      All Federal and State agencies shall fully cooperate with the
    Secretary of the Interior in the enforcement of this section.
    Whenever the Secretary believes that any person has not paid the
    full amount of the fee payable under subsection (a) of this section
    the Secretary shall notify the Federal agency responsible for
    ensuring compliance with the provisions of section 4121 of title
    26.
    (g) Allocation of funds
      (1) Except as provided in subsection (h) of this section, moneys
    deposited into the fund shall be allocated by the Secretary to
    accomplish the purposes of this subchapter as follows:
        (A) 50 percent of the reclamation fees collected annually in
      any State (other than fees collected with respect to Indian
      lands) shall be allocated annually by the Secretary to the State,
      subject to such State having each of the following:
          (i) An approved abandoned mine reclamation program pursuant
        to section 1235 of this title.
          (ii) Lands and waters which are eligible pursuant to section
        1234 of this title (in the case of a State not certified under
        section 1240a(a) of this title) or pursuant to section 1240a(b)
        of this title (in the case of a State certified under section
        1240a(a) of this title).

        (B) 50 percent of the reclamation fees collected annually with
      respect to Indian lands shall be allocated annually by the
      Secretary to the Indian tribe having jurisdiction over such
      lands, subject to such tribe having each of the following:
          (i) an (!2) approved abandoned mine reclamation program
        pursuant to section 1235 of this title.

          (ii) Lands and waters which are eligible pursuant to section
        1234 of this title (in the case of an Indian tribe not
        certified under section 1240a(a) of this title) or pursuant to
        section 1240a(b) of this title (in the case of a tribe
        certified under section 1240a(a) of this title).

        (C) The funds allocated by the Secretary under this paragraph
      to States and Indian tribes shall only be used for annual
      reclamation project construction and program administration
      grants.
        (D) To the extent not expended within 3 years after the date of
      any grant award under this paragraph (except for grants awarded
      during fiscal years 2008, 2009, and 2010 to the extent not
      expended within 5 years), such grant shall be available for
      expenditure by the Secretary under paragraph (5).

      (2) In making the grants referred to in paragraph (1)(C) and the
    grants referred to in paragraph (5), the Secretary shall ensure
    strict compliance by the States and Indian tribes with the
    priorities described in section 1233(a) of this title until a
    certification is made under section 1240a(a) of this title.
      (3) Amounts available in the fund which are not allocated to
    States and Indian tribes under paragraph (1) or allocated under
    paragraph (5) are authorized to be expended by the Secretary for
    any of the following:
        (A) For the purpose of section 1257(c) of this title, either
      directly or through grants to the States, subject to the
      limitation contained in section 1231(c)(9) of this title.
        (B) For the purpose of section 1240 of this title (relating to
      emergencies).
        (C) For the purpose of meeting the objectives of the fund set
      forth in section 1233(a) of this title for eligible lands and
      waters pursuant to section 1234 of this title in States and on
      Indian lands where the State or Indian tribe does not have an
      approved abandoned mine reclamation program pursuant to section
      1235 of this title.
        (D) For the administration of this subchapter by the Secretary.
        (E) For the purpose of paragraph (8).

      (4)(A) Amounts available in the fund which are not allocated
    under paragraphs (1), (2), and (5) or expended under paragraph (3)
    in any fiscal year are authorized to be expended by the Secretary
    under this paragraph for the reclamation or drainage abatement of
    lands and waters within unreclaimed sites which are mined for coal
    or which were affected by such mining, wastebanks, coal processing
    or other coal mining processes and left in an inadequate
    reclamation status.
      (B) Funds made available under this paragraph may be used for
    reclamation or drainage abatement at a site referred to in
    subparagraph (A) if the Secretary makes either of the following
    findings:
        (i) A finding that the surface coal mining operation occurred
      during the period beginning on August 4, 1977, and ending on or
      before the date on which the Secretary approved a State program
      pursuant to section 1253 of this title for a State in which the
      site is located, and that any funds for reclamation or abatement
      which are available pursuant to a bond or other form of financial
      guarantee or from any other source are not sufficient to provide
      for adequate reclamation or abatement at the site.
        (ii) A finding that the surface coal mining operation occurred
      during the period beginning on August 4, 1977, and ending on or
      before November 5, 1990, and that the surety of such mining
      operator became insolvent during such period, and as of November
      5, 1990, funds immediately available from proceedings relating to
      such insolvency, or from any financial guarantee or other source
      are not sufficient to provide for adequate reclamation or
      abatement at the site.

      (C) In determining which sites to reclaim pursuant to this
    paragraph, the Secretary shall follow the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title. The
    Secretary shall ensure that priority is given to those sites which
    are in the immediate vicinity of a residential area or which have
    an adverse economic impact upon a local community.
      (D) Amounts collected from the assessment of civil penalties
    under section 1268 of this title are authorized to be appropriated
    to carry out this paragraph.
      (E) Any State may expend grants made available under paragraphs
    (1) and (5) for reclamation and abatement of any site referred to
    in subparagraph (A) if the State, with the concurrence of the
    Secretary, makes either of the findings referred to in clause (i)
    or (ii) of subparagraph (B) and if the State determines that the
    reclamation priority of the site is the same or more urgent than
    the reclamation priority for eligible lands and waters pursuant to
    section 1234 of this title under the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title.
      (F) For the purposes of the certification referred to in section
    1240a(a) of this title, sites referred to in subparagraph (A) of
    this paragraph shall be considered as having the same priorities as
    those stated in section 1233(a) of this title for eligible lands
    and waters pursuant to section 1234 of this title. All sites
    referred to in subparagraph (A) of this paragraph within any State
    shall be reclaimed prior to such State making the certification
    referred to in section 1240a(a) of this title.
      (5)(A) The Secretary shall allocate 60 percent of the amount in
    the fund after making the allocation referred to in paragraph (1)
    for making additional annual grants to States and Indian tribes
    which are not certified under section 1240a(a) of this title to
    supplement grants received by such States and Indian tribes
    pursuant to paragraph (1)(C) until the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title have been
    achieved by such State or Indian tribe. The allocation of such
    funds for the purpose of making such expenditures shall be through
    a formula based on the amount of coal historically produced in the
    State or from the Indian lands concerned prior to August 3, 1977.
    Funds made available under paragraph (3) or (4) of this subsection
    for any State or Indian tribe shall not be deducted against any
    allocation of funds to the State or Indian tribe under paragraph
    (1) or under this paragraph.
      (B) Any amount that is reallocated and available under section
    1240a(h)(3) of this title shall be in addition to amounts that are
    allocated under subparagraph (A).
      (6)(A) Any State with an approved abandoned mine reclamation
    program pursuant to section 1235 of this title may receive and
    retain, without regard to the 3-year limitation referred to in
    paragraph (1)(D), up to 30 percent of the total of the grants made
    annually to the State under paragraphs (1) and (5) if those amounts
    are deposited into an acid mine drainage abatement and treatment
    fund established under State law, from which amounts (together with
    all interest earned on the amounts) are expended by the State for
    the abatement of the causes and the treatment of the effects of
    acid mine drainage in a comprehensive manner within qualified
    hydrologic units affected by coal mining practices.
      (B) In this paragraph, the term "qualified hydrologic unit" means
    a hydrologic unit - 
        (i) in which the water quality has been significantly affected
      by acid mine drainage from coal mining practices in a manner that
      adversely impacts biological resources; and
        (ii) that contains land and water that are - 
          (I) eligible pursuant to section 1234 of this title and
        include any of the priorities described in section 1233(a) of
        this title; and
          (II) the subject of expenditures by the State from the
        forfeiture of bonds required under section 1259 of this title
        or from other States sources to abate and treat acid mine
        drainage.

      (7) In complying with the priorities described in section 1233(a)
    of this title, any State or Indian tribe may use amounts available
    in grants made annually to the State or tribe under paragraphs (1)
    and (5) for the reclamation of eligible land and water described in
    section 1233(a)(3) of this title before the completion of
    reclamation projects under paragraphs (1) and (2) of section
    1233(a) of this title only if the expenditure of funds for the
    reclamation is done in conjunction with the expenditure before, on,
    or after December 20, 2006, of funds for reclamation projects under
    paragraphs (1) and (2) of section 1233(a) of this title.
      (8)(A) In making funds available under this subchapter, the
    Secretary shall ensure that the grant awards total not less than
    $3,000,000 annually to each State and each Indian tribe having an
    approved abandoned mine reclamation program pursuant to section
    1235 of this title and eligible land and water pursuant to section
    1234 of this title, so long as an allocation of funds to the State
    or tribe is necessary to achieve the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title.
      (B) Notwithstanding any other provision of law, this paragraph
    applies to the States of Tennessee and Missouri.
    (h) Transfers of interest earned by Fund
      (1) In general
        (A) Transfers to Combined Benefit Fund
          As soon as practicable after the beginning of fiscal year
        2007 and each fiscal year thereafter, and before making any
        allocation with respect to the fiscal year under subsection
        (g), the Secretary shall use an amount not to exceed the amount
        of interest that the Secretary estimates will be earned and
        paid to the fund during the fiscal year to transfer to the
        Combined Benefit Fund such amounts as are estimated by the
        trustees of such fund to offset the amount of any deficit in
        net assets in the Combined Benefit Fund as of October 1, 2006,
        and to make the transfer described in paragraph (2)(A).
        (B) Transfers to 1992 and 1993 plans
          As soon as practicable after the beginning of fiscal year
        2008 and each fiscal year thereafter, and before making any
        allocation with respect to the fiscal year under subsection
        (g), the Secretary shall use an amount not to exceed the amount
        of interest that the Secretary estimates will be earned and
        paid to the fund during the fiscal year (reduced by the amount
        used under subparagraph (A)) to make the transfers described in
        paragraphs (2)(B) and (2)(C).
      (2) Transfers described
        The transfers referred to in paragraph (1) are the following:
        (A) United Mine Workers of America Combined Benefit Fund
          A transfer to the United Mine Workers of America Combined
        Benefit Fund equal to the amount that the trustees of the
        Combined Benefit Fund estimate will be expended from the fund
        for the fiscal year in which the transfer is made, reduced by -
        
            (i) the amount the trustees of the Combined Benefit Fund
          estimate the Combined Benefit Fund will receive during the
          fiscal year in - 
              (I) required premiums; and
              (II) payments paid by Federal agencies in connection with
            benefits provided by the Combined Benefit Fund; and

            (ii) the amount the trustees of the Combined Benefit Fund
          estimate will be expended during the fiscal year to provide
          health benefits to beneficiaries who are unassigned
          beneficiaries solely as a result of the application of
          section 9706(h)(1) of title 26, but only to the extent that
          such amount does not exceed the amounts described in
          subsection (i)(1)(A) that the Secretary estimates will be
          available to pay such estimated expenditures.
        (B) United Mine Workers of America 1992 Benefit Plan
          A transfer to the United Mine Workers of America 1992 Benefit
        Plan, in an amount equal to the difference between - 
            (i) the amount that the trustees of the 1992 UMWA Benefit
          Plan estimate will be expended from the 1992 UMWA Benefit
          Plan during the next calendar year to provide the benefits
          required by the 1992 UMWA Benefit Plan on December 20, 2006;
          minus
            (ii) the amount that the trustees of the 1992 UMWA Benefit
          Plan estimate the 1992 UMWA Benefit Plan will receive during
          the next calendar year in - 
              (I) required monthly per beneficiary premiums, including
            the amount of any security provided to the 1992 UMWA
            Benefit Plan that is available for use in the provision of
            benefits; and
              (II) payments paid by Federal agencies in connection with
            benefits provided by the 1992 UMWA Benefit Plan.
        (C) Multiemployer Health Benefit Plan
          A transfer to the Multiemployer Health Benefit Plan
        established after July 20, 1992, by the parties that are the
        settlors of the 1992 UMWA Benefit Plan referred to in
        subparagraph (B) (referred to in this subparagraph and
        subparagraph (D) as "the Plan"), in an amount equal to the
        excess (if any) of - 
            (i) the amount that the trustees of the Plan estimate will
          be expended from the Plan during the next calendar year, to
          provide benefits no greater than those provided by the Plan
          as of December 31, 2006; over
            (ii) the amount that the trustees estimated the Plan will
          receive during the next calendar year in payments paid by
          Federal agencies in connection with benefits provided by the
          Plan.

        Such excess shall be calculated by taking into account only
        those beneficiaries actually enrolled in the Plan as of
        December 31, 2006, who are eligible to receive benefits under
        the Plan on the first day of the calendar year for which the
        transfer is made.
        (D) Individuals considered enrolled
          For purposes of subparagraph (C), any individual who was
        eligible to receive benefits from the Plan as of December 20,
        2006, even though benefits were being provided to the
        individual pursuant to a settlement agreement approved by order
        of a bankruptcy court entered on or before September 30, 2004,
        will be considered to be actually enrolled in the Plan and
        shall receive benefits from the Plan beginning on December 31,
        2006.
      (3) Adjustment
        If, for any fiscal year, the amount of a transfer under
      subparagraph (A), (B), or (C) of paragraph (2) is more or less
      than the amount required to be transferred under that
      subparagraph, the Secretary shall appropriately adjust the amount
      transferred under that subparagraph for the next fiscal year.
      (4) Additional amounts
        (A) Previously credited interest
          Notwithstanding any other provision of law, any interest
        credited to the fund that has not previously been transferred
        to the Combined Benefit Fund referred to in paragraph (2)(A)
        under this section - 
            (i) shall be held in reserve by the Secretary until such
          time as necessary to make the payments under subparagraphs
          (A) and (B) of subsection (i)(1), as described in clause
          (ii); and
            (ii) in the event that the amounts described in subsection
          (i)(1) are insufficient to make the maximum payments
          described in subparagraphs (A) and (B) of subsection (i)(1),
          shall be used by the Secretary to supplement the payments so
          that the maximum amount permitted under those paragraphs is
          paid.
        (B) Previously allocated amounts
          All amounts allocated under subsection (g)(2) before December
        20, 2006, for the program described in section 1236 of this
        title, but not appropriated before December 20, 2006, shall be
        available to the Secretary to make the transfers described in
        paragraph (2).
        (C) Adequacy of previously credited interest
          The Secretary shall - 
            (i) consult with the trustees of the plans described in
          paragraph (2) at reasonable intervals; and
            (ii) notify Congress if a determination is made that the
          amounts held in reserve under subparagraph (A) are
          insufficient to meet future requirements under subparagraph
          (A)(ii).
        (D) Additional reserve amounts
          In addition to amounts held in reserve under subparagraph
        (A), there is authorized to be appropriated such sums as may be
        necessary for transfer to the fund to carry out the purposes of
        subparagraph (A)(ii).
        (E) Inapplicability of cap
          The limitation described in subsection (i)(3)(A) shall not
        apply to payments made from the reserve fund under this
        paragraph.
      (5) Limitations
        (A) Availability of funds for next fiscal year
          The Secretary may make transfers under subparagraphs (B) and
        (C) of paragraph (2) for a calendar year only if the Secretary
        determines, using actuarial projections provided by the
        trustees of the Combined Benefit Fund referred to in paragraph
        (2)(A), that amounts will be available under paragraph (1),
        after the transfer, for the next fiscal year for making the
        transfer under paragraph (2)(A).
        (B) Rate of contributions of obligors
          (i) In general
            (I) Rate
              A transfer under paragraph (2)(C) shall not be made for a
            calendar year unless the persons that are obligated to
            contribute to the plan referred to in paragraph (2)(C) on
            the date of the transfer are obligated to make the
            contributions at rates that are no less than those in
            effect on the date which is 30 days before December 20,
            2006.
            (II) Application
              The contributions described in subclause (I) shall be
            applied first to the provision of benefits to those plan
            beneficiaries who are not described in paragraph
            (2)(C)(ii).
          (ii) Initial contributions
            (I) In general
              From December 20, 2006, through December 31, 2010, the
            persons that, on December 20, 2006, are obligated to
            contribute to the plan referred to in paragraph (2)(C)
            shall be obligated, collectively, to make contributions
            equal to the amount described in paragraph (2)(C), less the
            amount actually transferred due to the operation of
            subparagraph (C).
            (II) First calendar year
              Calendar year 2006 is the first calendar year for which
            contributions are required under this clause.
            (III) Amount of contribution for 2006
              Except as provided in subclause (IV), the amount
            described in paragraph (2)(C) for calendar year 2006 shall
            be calculated as if paragraph (2)(C) had been in effect
            during 2005.
            (IV) Limitation
              The contributions required under this clause for calendar
            year 2006 shall not exceed the amount necessary for
            solvency of the plan described in paragraph (2)(C),
            measured as of December 31, 2006, and taking into account
            all assets held by the plan as of that date.
          (iii) Division
            The collective annual contribution obligation required
          under clause (ii) shall be divided among the persons subject
          to the obligation, and applied uniformly, based on the hours
          worked for which contributions referred to in clause (i)
          would be owed.
        (C) Phase-in of transfers
          For each of calendar years 2008 through 2010, the transfers
        required under subparagraphs (B) and (C) of paragraph (2) shall
        equal the following amounts:
            (i) For calendar year 2008, the Secretary shall make
          transfers equal to 25 percent of the amounts that would
          otherwise be required under subparagraphs (B) and (C) of
          paragraph (2).
            (ii) For calendar year 2009, the Secretary shall make
          transfers equal to 50 percent of the amounts that would
          otherwise be required under subparagraphs (B) and (C) of
          paragraph (2).
            (iii) For calendar year 2010, the Secretary shall make
          transfers equal to 75 percent of the amounts that would
          otherwise be required under subparagraphs (B) and (C) of
          paragraph (2).
    (i) Funding
      (1) In general
        Subject to paragraph (3), out of any funds in the Treasury not
      otherwise appropriated, the Secretary of the Treasury shall
      transfer to the plans described in subsection (h)(2) such sums as
      are necessary to pay the following amounts:
          (A) To the Combined Fund (as defined in section 9701(a)(5) of
        title 26 and referred to in this paragraph as the "Combined
        Fund"), the amount that the trustees of the Combined Fund
        estimate will be expended from premium accounts maintained by
        the Combined Fund for the fiscal year to provide benefits for
        beneficiaries who are unassigned beneficiaries solely as a
        result of the application of section 9706(h)(1) of title 26,
        subject to the following limitations:
            (i) For fiscal year 2008, the amount paid under this
          subparagraph shall equal - 
              (I) the amount described in subparagraph (A); minus
              (II) the amounts required under section 9706(h)(3)(A) of
            title 26.

            (ii) For fiscal year 2009, the amount paid under this
          subparagraph shall equal - 
              (I) the amount described in subparagraph (A); minus
              (II) the amounts required under section 9706(h)(3)(B) of
            title 26.

            (iii) For fiscal year 2010, the amount paid under this
          subparagraph shall equal - 
              (I) the amount described in subparagraph (A); minus
              (II) the amounts required under section 9706(h)(3)(C) of
            title 26.

          (B) On certification by the trustees of any plan described in
        subsection (h)(2) that the amount available for transfer by the
        Secretary pursuant to this section (determined after
        application of any limitation under subsection (h)(5)) is less
        than the amount required to be transferred, to the plan the
        amount necessary to meet the requirement of subsection (h)(2).
          (C) To the Combined Fund, $9,000,000 on October 1, 2007,
        $9,000,000 on October 1, 2008, and $9,000,000 on October 1,
        2009 (which amounts shall not be exceeded) to provide a refund
        of any premium (as described in section 9704(a) of title 26)
        paid on or before September 7, 2000, to the Combined Fund, plus
        interest on the premium calculated at the rate of 7.5 percent
        per year, on a proportional basis and to be paid not later than
        60 days after the date on which each payment is received by the
        Combined Fund, to those signatory operators (to the extent that
        the Combined Fund has not previously returned the premium
        amounts to the operators), or any related persons to the
        operators (as defined in section 9701(c) of title 26), or their
        heirs, successors, or assigns who have been denied the refunds
        as the result of final judgments or settlements if - 
            (i) prior to December 20, 2006, the signatory operator (or
          any related person to the operator) - 
              (I) had all of its beneficiary assignments made under
            section 9706 of title 26 voided by the Commissioner of the
            Social Security Administration; and
              (II) was subject to a final judgment or final settlement
            of litigation adverse to a claim by the operator that the
            assignment of beneficiaries under section 9706 of title 26
            was unconstitutional as applied to the operator; and

            (ii) on or before September 7, 2000, the signatory operator
          (or any related person to the operator) had paid to the
          Combined Fund any premium amount that had not been refunded.
      (2) Payments to States and Indian tribes
        Subject to paragraph (3), out of any funds in the Treasury not
      otherwise appropriated, the Secretary of the Treasury shall
      transfer to the Secretary of the Interior for distribution to
      States and Indian tribes such sums as are necessary to pay
      amounts described in paragraphs (1)(A) and (2)(A) of section
      1240a(h) of this title.
      (3) Limitations
        (A) Cap
          The total amount transferred under this subsection for any
        fiscal year shall not exceed $490,000,000.
        (B) Insufficient amounts
          In a case in which the amount required to be transferred
        without regard to this paragraph exceeds the maximum annual
        limitation in subparagraph (A), the Secretary shall adjust the
        transfers of funds so that - 
            (i) each transfer for the fiscal year is a percentage of
          the amount described;
            (ii) the amount is determined without regard to subsection
          (h)(5)(A); and
            (iii) the percentage transferred is the same for all
          transfers made under this subsection for the fiscal year.
      (4) Availability of funds
        Funds shall be transferred under paragraphs (1) and (2)
      beginning in fiscal year 2008 and each fiscal year thereafter,
      and shall remain available until expended.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 402, Aug. 3, 1977, 91 Stat. 457;
    Pub. L. 100-34, title I, Sec. 101, May 7, 1987, 101 Stat. 300; Pub.
    L. 101-508, title VI, Secs. 6003, 6004, Nov. 5, 1990, 104 Stat.
    1388-290, 1388-291; Pub. L. 102-486, title XIX, Sec. 19143(b)(1),
    (2), (3)(B), title XXV, Sec. 2515, Oct. 24, 1992, 106 Stat. 3056,
    3113; Pub. L. 108-447, div. E, title I, Sec. 135(a), Dec. 8, 2004,
    118 Stat. 3068; Pub. L. 109-13, div. A, title VI, Sec. 6035, May
    11, 2005, 119 Stat. 289; Pub. L. 109-54, title I, Sec. 129, Aug. 2,
    2005, 119 Stat. 525; Pub. L. 109-234, title VII, Sec. 7007, June
    15, 2006, 120 Stat. 483; Pub. L. 109-432, div. C, title II, Sec.
    202, Dec. 20, 2006, 120 Stat. 3008.)

-STATAMEND-
                        AMENDMENT OF SUBSECTION (A)                    
      Pub. L. 109-432, div. C, title II, Sec. 202(a)(2), Dec. 20, 2006,
    120 Stat. 3008, provided that, effective Oct. 1, 2012, subsection
    (a) of this section is amended by substituting "28" for "31.5",
    "12" for "13.5", and "8 cents" for "9 cents".

-COD-
                               CODIFICATION                           
      November 5, 1990, referred to in subsec. (g)(4)(B)(ii), was in
    the original "the date of enactment of this paragraph", which was
    translated as meaning the date of enactment of Pub. L. 101-508,
    which amended this section generally, to reflect the probable
    intent of Congress.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-432, Sec. 202(a)(1), substituted
    "31.5" for "35", "13.5" for "15", and "9 cents" for "10 cents".
      Subsec. (b). Pub. L. 109-432, Sec. 202(b), substituted "September
    30, 2021" for "September 30, 2007, after which time the fee shall
    be established at a rate to continue to provide for the deposit
    referred to in subsection (h) of this section".
      Pub. L. 109-234 substituted "September 30, 2007" for "June 30,
    2006".
      Subsec. (g)(1)(D). Pub. L. 109-432, Sec. 202(c)(1), inserted
    "(except for grants awarded during fiscal years 2008, 2009, and
    2010 to the extent not expended within 5 years)" after "this
    paragraph" and substituted "under paragraph (5)" for "in any area
    under paragraph (2), (3), (4), or (5)".
      Subsec. (g)(2). Pub. L. 109-432, Sec. 202(c)(2), added par. (2)
    and struck out former par. (2) which read as follows: "20 percent
    of the amounts available in the fund in any fiscal year which are
    not allocated under paragraph (1) in that fiscal year (including
    that interest accruing as provided in section 1231(e) of this title
    and including funds available for reallocation pursuant to
    paragraph (1)(D)), shall be allocated to the Secretary only for the
    purpose of making the annual transfer to the Secretary of
    Agriculture under section 1231(c)(2) of this title."
      Subsec. (g)(3). Pub. L. 109-432, Sec. 202(c)(3)(A), substituted
    "paragraph (5)" for "paragraphs (2) and (5)" in introductory
    provisions.
      Subsec. (g)(3)(A). Pub. L. 109-432, Sec. 202(c)(3)(B),
    substituted "1231(c)(9)" for "1231(c)(11)".
      Subsec. (g)(3)(E). Pub. L. 109-432, Sec. 202(c)(3)(C), added
    subpar. (E).
      Subsec. (g)(5). Pub. L. 109-432, Sec. 202(c)(4), designated
    existing provisions as subpar. (A), in first sentence, substituted
    "60" for "40", in last sentence, subtituted "Funds made available
    under paragraph (3) or (4)" for "Funds allocated or expended by the
    Secretary under paragraphs (2), (3), or (4)", and added subpar.
    (B).
      Subsec. (g)(6) to (8). Pub. L. 109-432, Sec. 202(c)(5), added
    pars. (6) to (8) and struck out former pars. (6) to (8) which
    related to authority of any State to receive and retain up to 10
    percent of the total of grants, State authority to establish an
    acid mine drainage abatement and treatment fund and to implement
    plans for acid mine drainage abatement and treatment, and
    allocation of not less than $2,000,000 annually for expenditure in
    each State and for each Indian tribe, having an approved
    reclamation program and eligible lands and waters.
      Subsecs. (h), (i). Pub. L. 109-432, Sec. 202(d), added subsecs.
    (h) and (i) and struck out former subsec. (h) which related to
    transfer of funds to the United Mine Workers of America Combined
    Benefit Fund.
      2005 - Subsec. (b). Pub. L. 109-54 substituted "June 30, 2006"
    for "September 30, 2005".
      Pub. L. 109-13 substituted "September 30, 2005" for "June 30,
    2005".
      2004 - Subsec. (b). Pub. L. 108-447 substituted "June 30, 2005"
    for "September 30, 2004".
      1992 - Subsec. (b). Pub. L. 102-486, Sec. 2515, which directed
    that subsec. (b) be amended by substituting "2004, after which time
    the fee shall be established at a rate to continue to provide for
    the deposit referred to in subsection (h) of this section" for
    "1995", was executed by inserting ", after which time the fee shall
    be established at a rate to continue to provide for the deposit
    referred to in subsection (h) of this section" after "2004", to
    reflect the probable intent of Congress and the intervening
    amendment by Pub. L. 102-486, Sec. 19143(b)(1). See below.
      Pub. L. 102-486, Sec. 19143(b)(1), substituted "2004" for "1995"
    before period at end.
      Subsec. (g)(1). Pub. L. 102-486, Sec. 19143(b)(3)(B), substituted
    "Except as provided in subsection (h) of this section, moneys" for
    "Moneys".
      Subsec. (h). Pub. L. 102-486, Sec. 19143(b)(2), added subsec.
    (h).
      1990 - Subsec. (b). Pub. L. 101-508, Sec. 6003(a), substituted
    "ending September 30, 1995" for "ending fifteen years after August
    3, 1977, unless extended by an Act of Congress".
      Subsec. (c). Pub. L. 101-508, Sec. 6003(b), inserted at end "Such
    statement shall include an identification of the permittee of the
    surface coal mining operation, any operator in addition to the
    permittee, the owner of the coal, the preparation plant, tripple,
    or loading point for the coal, and the person purchasing the coal
    from the operator. The report shall also specify the number of the
    permit required under section 1256 of this title and the mine
    safety and health identification number. Each quarterly report
    shall contain a notification of any changes in the information
    required by this subsection since the date of the preceding
    quarterly report. The information contained in the quarterly
    reports under this subsection shall be maintained by the Secretary
    in a computerized database."
      Subsec. (d). Pub. L. 101-508, Sec. 6003(c), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (f). Pub. L. 101-508, Sec. 6003(d), inserted at end
    "Whenever the Secretary believes that any person has not paid the
    full amount of the fee payable under subsection (a) of this section
    the Secretary shall notify the Federal agency responsible for
    ensuring compliance with the provisions of section 4121 of title
    26."
      Subsec. (g). Pub. L. 101-508, Sec. 6004, amended subsec. (g)
    generally, substituting present provisions for provisions relating
    to geographic allocation of expenditures from the fund, providing
    for allocation of 50 percent of funds collected annually in any
    State or Indian reservation to that State or Indian reservation
    pursuant to approved reclamation program, providing for special
    State set-aside for future expenditure, and authorizing expenditure
    of balance of funds collected at discretion of Secretary in order
    to meet the purposes of this subchapter.
      1987 - Subsec. (g)(3), (4). Pub. L. 100-34 added par. (3) and
    redesignated former par. (3) as (4).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-432, div. C, title II, Sec. 202(a)(1), Dec. 20, 2006,
    120 Stat. 3008, provided that the amendment made by section
    202(a)(1) [amending this section] is effective Oct. 1, 2007.
      Pub. L. 109-432, div. C, title II, Sec. 202(a)(2), Dec. 20, 2006,
    120 Stat. 3008, provided that the amendment made by section
    202(a)(2) [amending this section] is effective Oct. 1, 2012.
      Pub. L. 109-432, div. C, title II, Sec. 202(b), Dec. 20, 2006,
    120 Stat. 3008, provided that the amendment made by section 202(b)
    [amending this section] is effective Sept. 30, 2007.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "tipple,".

    (!2) So in original. Probably should be capitalized.

-End-

-CITE-
    30 USC Sec. 1233                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1233. Objectives of fund

-STATUTE-
    (a) Priorities
      Expenditure of moneys from the fund on lands and water eligible
    pursuant to section 1234 of this title for the purposes of this
    subchapter, except as provided for under section 1240a of this
    title, shall reflect the following priorities in the order stated:
        (1)(A) the protection; (!1) of public health, safety, and
      property from extreme danger of adverse effects of coal mining
      practices;

        (B) the restoration of land and water resources and the
      environment that - 
          (i) have been degraded by the adverse effects of coal mining
        practices; and
          (ii) are adjacent to a site that has been or will be
        remediated under subparagraph (A);

        (2)(A) the protection of public health and safety from adverse
      effects of coal mining practices;
        (B) the restoration of land and water resources and the
      environment that - 
          (i) have been degraded by the adverse effects of coal mining
        practices; and
          (ii) are adjacent to a site that has been or will be
        remediated under subparagraph (A); and

        (3) the restoration of land and water resources and the
      environment previously degraded by adverse effects of coal mining
      practices including measures for the conservation and development
      of soil, water (excluding channelization), woodland, fish and
      wildlife, recreation resources, and agricultural productivity.
    (b) Water supply restoration
      (1) Any State or Indian tribe not certified under section
    1240a(a) of this title may expend funds allocated to such State or
    Indian tribe in any year through the grants made available under
    paragraphs (1) and (5) of section 1232(g) of this title for the
    purpose of protecting, repairing, replacing, constructing, or
    enhancing facilities relating to water supply, including water
    distribution facilities and treatment plants, to replace water
    supplies adversely affected by coal mining practices.
      (2) If the adverse effect on water supplies referred to in this
    subsection occurred both prior to and after August 3, 1977, or as
    the case may be, the dates (and under the criteria) set forth under
    section 1232(g)(4)(B) of this title, section 1234 of this title
    shall not be construed to prohibit a State or Indian tribe referred
    to in paragraph (1) from using funds referred to in such paragraph
    for the purposes of this subsection if the State or Indian tribe
    determines that such adverse effects occurred predominantly prior
    to August 3, 1977, or as the case may be, the dates (and under the
    criteria) set forth under section 1232(g)(4)(B) of this title.
    (c) Inventory
      For the purposes of assisting in the planning and evaluation of
    reclamation projects pursuant to section 1235 of this title, and
    assisting in making the certification referred to in section
    1240a(a) of this title, the Secretary shall maintain an inventory
    of eligible lands and waters pursuant to section 1234 of this title
    which meet the priorities stated in paragraphs (1) and (2) of
    subsection (a) of this section. Under standardized procedures
    established by the Secretary, States and Indian tribes with
    approved abandoned mine reclamation programs pursuant to section
    1235 of this title may offer amendments, subject to the approval of
    the Secretary, to update the inventory as it applies to eligible
    lands and waters under the jurisdiction of such States or tribes.
    The Secretary shall provide such States and tribes with the
    financial and technical assistance necessary for the purpose of
    making inventory amendments. The Secretary shall compile and
    maintain an inventory for States and Indian lands in the case when
    a State or Indian tribe does not have an approved abandoned mine
    reclamation program pursuant to section 1235 of this title. On a
    regular basis, but not less than annually, the projects completed
    under this subchapter shall be so noted on the inventory under
    standardized procedures established by the Secretary.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 403, Aug. 3, 1977, 91 Stat. 458;
    Pub. L. 101-508, title VI, Sec. 6005, Nov. 5, 1990, 104 Stat. 1388-
    294; Pub. L. 102-486, title XXV, Sec. 2504(c)(2), (e), Oct. 24,
    1992, 106 Stat. 3105, 3106; Pub. L. 109-432, div. C, title II, Sec.
    203, Dec. 20, 2006, 120 Stat. 3015.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-432, Sec. 203(1)(A),
    designated existing provisions as subpar. (A), inserted semicolon
    after "protection", struck out "general welfare," after "safety,",
    and added subpar. (B).
      Subsec. (a)(2). Pub. L. 109-432, Sec. 203(1)(B), designated
    existing provisions as subpar. (A), substituted "health and safety"
    for "health, safety, and general welfare", and added subpar. (B).
      Subsec. (a)(3). Pub. L. 109-432, Sec. 203(1)(C), which directed
    that a period be substituted for the semicolon at end, could not be
    executed because a period already appeared at end.
      Subsec. (a)(4), (5). Pub. L. 109-432, Sec. 203(1)(D), struck out
    pars. (4) and (5) which read as follows:
      "(4) the protection, repair, replacement, construction, or
    enhancement of public facilities such as utilities, roads,
    recreation, and conservation facilities adversely affected by coal
    mining practices;
      "(5) the development of publicly owned land adversely affected by
    coal mining practices including land acquired as provided in this
    subchapter for recreation and historic purposes, conservation, and
    reclamation purposes and open space benefits."
      Subsec. (b). Pub. L. 109-432, Sec. 203(2)(A), substituted "Water
    supply restoration" for "Utilities and other facilities" in
    heading.
      Subsec. (b)(1). Pub. L. 109-432, Sec. 203(2)(B), struck out "up
    to 30 percent of the" before "funds".
      Subsec. (c). Pub. L. 109-432, Sec. 203(3), inserted ", subject to
    the approval of the Secretary," after "amendments" in second
    sentence.
      1992 - Subsec. (a)(4) to (6). Pub. L. 102-486, Sec. 2504(c)(2),
    redesignated pars. (5) and (6) as (4) and (5), respectively, and
    struck out former par. (4) which read as follows: "research and
    demonstration projects relating to the development of surface
    mining reclamation and water quality control program methods and
    techniques;".
      Subsec. (b)(2). Pub. L. 102-486, Sec. 2504(e), inserted ", or as
    the case may be, the dates (and under the criteria) set forth under
    section 1232(g)(4)(B) of this title" after "1977" in two places.
      1990 - Pub. L. 101-508 designated existing provisions as subsec.
    (a), inserted heading and ", except as provided for under section
    1240a of this title," after "subchapter", and added subsecs. (b)
    and (c).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    30 USC Sec. 1234                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1234. Eligible lands and water

-STATUTE-
      Lands and water eligible for reclamation or drainage abatement
    expenditures under this subchapter are those which were mined for
    coal or which were affected by such mining, wastebanks, coal
    processing, or other coal mining processes, except as provided for
    under section 1240a of this title, and abandoned or left in an
    inadequate reclamation status prior to August 3, 1977, and for
    which there is no continuing reclamation responsibility under State
    or other Federal laws. For other provisions relating to lands and
    waters eligible for such expenditures, see section 1232(g)(4) of
    this title, section 1233(b)(1) of this title, and section 1239 of
    this title. Surface coal mining operations on lands eligible for
    remining shall not affect the eligibility of such lands for
    reclamation and restoration under this subchapter after the release
    of the bond or deposit for any such operation as provided under
    section 1269 of this title. In the event the bond or deposit for a
    surface coal mining operation on lands eligible for remining is
    forfeited, funds available under this subchapter may be used if the
    amount of such bond or deposit is not sufficient to provide for
    adequate reclamation or abatement, except that if conditions
    warrant the Secretary shall immediately exercise his authority
    under section 1240 of this title.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 404, Aug. 3, 1977, 91 Stat. 459;
    Pub. L. 101-508, title VI, Sec. 6006, Nov. 5, 1990, 104 Stat. 1388-
    295; Pub. L. 102-486, title XXV, Sec. 2503(d), Oct. 24, 1992, 106
    Stat. 3103.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-486 inserted at end "Surface coal mining
    operations on lands eligible for remining shall not affect the
    eligibility of such lands for reclamation and restoration under
    this subchapter after the release of the bond or deposit for any
    such operation as provided under section 1269 of this title. In the
    event the bond or deposit for a surface coal mining operation on
    lands eligible for remining is forfeited, funds available under
    this subchapter may be used if the amount of such bond or deposit
    is not sufficient to provide for adequate reclamation or abatement,
    except that if conditions warrant the Secretary shall immediately
    exercise his authority under section 1240 of this title."
      1990 - Pub. L. 101-508 inserted ", except as provided for under
    section 1240a of this title" after "processes" and inserted at end
    "For other provisions relating to lands and waters eligible for
    such expenditures, see section 1232(g)(4) of this title, section
    1233(b)(1) of this title, and section 1239 of this title."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-End-

-CITE-
    30 USC Sec. 1235                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1235. State reclamation program

-STATUTE-
    (a) Promulgation of regulations
      Not later than the end of the one hundred and eighty-day period
    immediately following August 3, 1977, the Secretary shall
    promulgate and publish in the Federal Register regulations covering
    implementation of an abandoned mine reclamation program
    incorporating the provisions of this subchapter and establishing
    procedures and requirements for preparation, submission, and
    approval of State programs consisting of the plan and annual
    submissions of projects.
    (b) Submission of State Reclamation Plan and annual projects
      Each State having within its borders coal mined lands eligible
    for reclamation under this subchapter, may submit to the Secretary
    a State Reclamation Plan and annual projects to carry out the
    purposes of this subchapter.
    (c) Restriction
      The Secretary shall not approve, fund, or continue to fund a
    State abandoned mine reclamation program unless that State has an
    approved State regulatory program pursuant to section 1253 of this
    title.
    (d) Approval of State program; withdrawal
      If the Secretary determines that a State has developed and
    submitted a program for reclamation of abandoned mines and has the
    ability and necessary State legislation to implement the provisions
    of this subchapter, sections 1232 and 1240 of this title excepted,
    the Secretary shall approve such State program and shall grant to
    the State exclusive responsibility and authority to implement the
    provisions of the approved program: Provided, That the Secretary
    shall withdraw such approval and authorization if he determines
    upon the basis of information provided under this section that the
    State program is not in compliance with the procedures, guidelines,
    and requirements established under subsection (a) of this section.
    (e) Contents of State Reclamation Plan
      Each State Reclamation Plan shall generally identify the areas to
    be reclaimed, the purposes for which the reclamation is proposed,
    the relationship of the lands to be reclaimed and the proposed
    reclamation to surrounding areas, the specific criteria for ranking
    and identifying projects to be funded, and the legal authority and
    programmatic capability to perform such work in conformance with
    the provisions of this subchapter.
    (f) Annual application for support; contents
      On an annual basis, each State having an approved State
    Reclamation Plan may submit to the Secretary an application for the
    support of the State program and implementation of specific
    reclamation projects. Such annual requests shall include such
    information as may be requested by the Secretary including:
        (1) a general description of each proposed project;
        (2) a priority evaluation of each proposed project;
        (3) a statement of the estimated benefits in such terms as:
      number of acres restored, miles of stream improved, acres of
      surface lands protected from subsidence, population protected
      from subsidence, air pollution, hazards of mine and coal refuse
      disposal area fires;
        (4) an estimate of the cost for each proposed project;
        (5) in the case of proposed research and demonstration
      projects, a description of the specific techniques to be
      evaluated or objective to be attained;
        (6) an identification of lands or interest therein to be
      acquired and the estimated cost; and
        (7) in each year after the first in which a plan is filed under
      this subchapter, an inventory of each project funded under the
      previous year's grant: which inventory shall include details of
      financial expenditures on such project together with a brief
      description of each such project, including project locations,
      landowner's name, acreage, type of reclamation performed.
    (g) Costs
      The costs for each proposed project under this section shall
    include: actual construction costs, actual operation and
    maintenance costs of permanent facilities, planning and engineering
    costs, construction inspection costs, and other necessary
    administrative expenses.
    (h) Grant of funds
      Upon approval of State Reclamation Plan by the Secretary and of
    the surface mine regulatory program pursuant to section 1253 of
    this title, the Secretary shall grant, on an annual basis, funds to
    be expended in such State pursuant to section 1232(g) of this title
    and which are necessary to implement the State reclamation program
    as approved by the Secretary.
    (i) Program monitorship
      The Secretary, through his designated agents, will monitor the
    progress and quality of the program. The States shall not be
    required at the start of any project to submit complete copies of
    plans and specifications.
    (j) Annual report to Secretary
      The Secretary shall require annual and other reports as may be
    necessary to be submitted by each State administering the approved
    State reclamation program with funds provided under this
    subchapter. Such reports shall include that information which the
    Secretary deems necessary to fulfill his responsibilities under
    this subchapter.
    (k) Eligible lands of Indian tribes
      Indian tribes having within their jurisdiction eligible lands
    pursuant to section 1234 of this title or from which coal is
    produced, shall be considered as a "State" for the purposes of this
    subchapter except for purposes of subsection (c) of this section
    with respect to the Navajo, Hopi and Crow Indian Tribes.
    (l) State liability
      No State shall be liable under any provision of Federal law for
    any costs or damages as a result of action taken or omitted in the
    course of carrying out a State abandoned mine reclamation plan
    approved under this section. This subsection shall not preclude
    liability for cost or damages as a result of gross negligence or
    intentional misconduct by the State. For purposes of the preceding
    sentence, reckless, willful, or wanton misconduct shall constitute
    gross negligence.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 405, Aug. 3, 1977, 91 Stat. 459;
    Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 416; Pub. L. 101-
    508, title VI, Secs. 6007, 6012(d)(1), (2), Nov. 5, 1990, 104
    Stat. 1388-295, 1388-298.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(1), substituted
    "preparation" for "perparation".
      Subsec. (h). Pub. L. 101-508, Sec. 6012(d)(2), substituted "Upon
    approval" for "Upon approved".
      Subsec. (l). Pub. L. 101-508, Sec. 6007, added subsec. (l).
      1987 - Subsec. (k). Pub. L. 100-71 inserted "except for purposes
    of subsection (c) of this section with respect to the Navajo, Hopi
    and Crow Indian Tribes" before period.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

         GRANT OF FUNDS TO STATES UNDER SURFACE MINING CONTROL AND
                              RECLAMATION ACT
      Pub. L. 97-377, title I, Sec. 150, Dec. 21, 1982, 96 Stat. 1918,
    provided that: "Within 60 days of receipt of a complete abandoned
    mine reclamation fund grant application from any eligible State
    under the provisions of the Surface Mining Control and Reclamation
    Act (91 Stat. 460) [Pub. L. 95-87, see Short Title note set out
    under section 1201 of this title] the Secretary of Interior shall
    grant to such State any and all funds available for such purposes
    in the applicable appropriations Act."

-End-

-CITE-
    30 USC Sec. 1236                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1236. Reclamation of rural lands

-STATUTE-
    (a) Agreements with landowners for conservation treatment
      In order to provide for the control and prevention of erosion and
    sediment damages from unreclaimed mined lands, and to promote the
    conservation and development of soil and water resources of
    unreclaimed mined lands and lands affected by mining, the Secretary
    of Agriculture is authorized to enter into agreements of not more
    than ten years with landowners (including owners of water rights),
    residents, and tenants, and individually or collectively,
    determined by him to have control for the period of the agreement
    of lands in question therein, providing for land stabilization,
    erosion, and sediment control, and reclamation through conservation
    treatment, including measures for the conservation and development
    of soil, water (excluding stream channelization), woodland,
    wildlife, and recreation resources, and agricultural productivity
    of such lands. Such agreements shall be made by the Secretary with
    the owners, including owners of water rights, residents, or tenants
    (collectively or individually) of the lands in question.
    (b) Conservation and development plans
      The landowner, including the owner of water rights, resident, or
    tenant shall furnish to the Secretary of Agriculture a conservation
    and development plan setting forth the proposed land uses and
    conservation treatment which shall be mutually agreed by the
    Secretary of Agriculture and the landowner, including owner of
    water rights, resident, or tenant to be needed on the lands for
    which the plan was prepared. In those instances where it is
    determined that the water rights or water supply of a tenant,
    landowner, including owner of water rights, resident, or tenant
    have been adversely affected by a surface or underground coal mine
    operation which has removed or disturbed a stratum so as to
    significantly affect the hydrologic balance, such plan may include
    proposed measures to enhance water quality or quantity by means of
    joint action with other affected landowners, including owner of
    water rights, residents, or tenants in consultation with
    appropriate State and Federal agencies.
    (c) Agreement to effect plan
      Such plan shall be incorporated in an agreement under which the
    landowner, including owner of water rights, resident, or tenant
    shall agree with the Secretary of Agriculture to effect the land
    uses and conservation treatment provided for in such plan on the
    lands described in the agreement in accordance with the terms and
    conditions thereof.
    (d) Financial and other assistance; determination by Secretary
      In return for such agreement by the landowner, including owner of
    water rights, resident, or tenant, the Secretary of Agriculture is
    authorized to furnish financial and other assistance to such
    landowner, including owner of water rights, resident, or tenant, in
    such amounts and subject to such conditions as the Secretary of
    Agriculture determines are appropriate in the public interest for
    carrying out the land use and conservation treatment set forth in
    the agreement. Grants made under this section, depending on the
    income-producing potential of the land after reclaiming, shall
    provide up to 80 per centum of the cost of carrying out such land
    uses and conservation treatment on not more than one hundred and
    twenty acres of land occupied by such owner, including water rights
    owners, resident, or tenant, or on not more than one hundred and
    twenty acres of land which has been purchased jointly by such
    landowners, including water rights owners, residents, or tenants,
    under an agreement for the enhancement of water quality or quantity
    or on land which has been acquired by an appropriate State or local
    agency for the purpose of implementing such agreement; except the
    Secretary may reduce the matching cost share where he determines
    that (1) the main benefits to be derived from the project are
    related to improving offsite water quality, offsite esthetic
    values, or other offsite benefits, and (2) the matching share
    requirement would place a burden on the landowner which would
    probably prevent him from participating in the program: Provided,
    however, That the Secretary of Agriculture may allow for land use
    and conservation treatment on such lands occupied by any such owner
    in excess of such one hundred and twenty acre limitation up to
    three hundred and twenty acres, but in such event the amount of the
    grant to such landowner to carry out such reclamation on such lands
    shall be reduced proportionately. Notwithstanding any other
    provision of this section with regard to acreage limitations, the
    Secretary of Agriculture may carry out reclamation treatment
    projects to control erosion and improve water quality on all lands
    within a hydrologic unit, consisting of not more than 25,000 acres,
    if the Secretary determines that treatment of such lands as a
    hydrologic unit will achieve greater reduction in the adverse
    effects of past surface mining practices than would be achieved if
    reclamation was done on individual parcels of land.
    (e) Termination of agreements
      The Secretary of Agriculture may terminate any agreement with a
    landowner including water rights owners, operator, or occupier by
    mutual agreement if the Secretary of Agriculture determines that
    such termination would be in the public interest, and may agree to
    such modification of agreements previously entered into hereunder
    as he deems desirable to carry out the purposes of this section or
    to facilitate the practical administration of the program
    authorized herein.
    (f) Preservation and surrender of history and allotments
      Notwithstanding any other provision of law, the Secretary of
    Agriculture, to the extent he deems it desirable to carry out the
    purposes of this section, may provide in any agreement hereinunder
    for (1) preservation for a period not to exceed the period covered
    by the agreement and an equal period thereafter of the cropland,
    crop acreage, and allotment history applicable to land covered by
    the agreement for the purpose of any Federal program under which
    such history is used as a basis for an allotment or other
    limitation on the production of such crop; or (2) surrender of any
    such history and allotments.
    (g) Rules and regulations
      The Secretary of Agriculture shall be authorized to issue such
    rules and regulations as he determines are necessary to carry out
    the provisions of this section.
    (h) Utilization of Natural Resources Conservation Service
      In carrying out the provisions of this section, the Secretary of
    Agriculture shall utilize the services of the Natural Resources
    Conservation Service.
    (i) Authorization of appropriations
      There are authorized to be appropriated to the Secretary of
    Agriculture, from amounts in the Treasury other than amounts in the
    fund, such sums as may be necessary to carry out this section.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 406, Aug. 3, 1977, 91 Stat. 460;
    Pub. L. 97-98, title XV, Sec. 1551, Dec. 22, 1981, 95 Stat. 1344;
    Pub. L. 101-508, title VI, Secs. 6008, 6012(c), (d)(3), Nov. 5,
    1990, 104 Stat. 1388-295, 1388-298; Pub. L. 109-432, div. C, title
    II, Sec. 204, Dec. 20, 2006, 120 Stat. 3016.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (h). Pub. L. 109-432, Sec. 204(a), substituted
    "Natural Resources Conservation Service" for "Soil Conservation
    Service".
      Subsec. (i). Pub. L. 109-432, Sec. 204(b), added subsec. (i).
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(3), which
    directed the substitution of "(including owners" for "including
    owners" was executed the first time that phrase appeared to reflect
    the probable intent of Congress, because the parenthetical
    statement concluding with "water rights)" was enacted without an
    opening parenthesis.
      Subsec. (d). Pub. L. 101-508, Sec. 6008, struck out
    "experimental" before "reclamation treatment projects" in last
    sentence.
      Subsec. (i). Pub. L. 101-508, Sec. 6012(c), repealed subsec. (i)
    which read as follows: "Funds shall be made available to the
    Secretary of Agriculture for the purposes of this section, as
    provided in section 1231 of this title."
      1981 - Subsec. (d). Pub. L. 97-98 inserted provisions that
    notwithstanding any other provision of this section with regard to
    acreage limitations, the Secretary may carry out experimental
    reclamation treatment projects to control erosion and improve water
    quality on all lands within a hydrologic unit, consisting of not
    more than 25,000 acres, if the Secretary determines that treatment
    of such lands as a hydrologic unit will achieve greater reduction
    in the adverse effects of past surface mining practices than would
    be achieved if reclamation was done on individual parcels of land.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
    1801 of Pub. L. 97-98, set out as an Effective Date note under
    section 4301 of Title 7, Agriculture.

-End-

-CITE-
    30 USC Sec. 1237                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1237. Acquisition and reclamation of land adversely affected
      by past coal mining practices

-STATUTE-
    (a) Findings of fact; notice; right of entry
      If the Secretary or the State pursuant to an approved State
    program, makes a finding of fact that - 
        (1) land or water resources have been adversely affected by
      past coal mining practices; and
        (2) the adverse effects are at a stage where, in the public
      interest, action to restore, reclaim, abate, control, or prevent
      should be taken; and
        (3) the owners of the land or water resources where entry must
      be made to restore, reclaim, abate, control, or prevent the
      adverse effects of past coal mining practices are not known, or
      readily available; or
        (4) the owners will not give permission for the United States,
      the States, political subdivisions, their agents, employees, or
      contractors to enter upon such property to restore, reclaim,
      abate, control, or prevent the adverse effects of past coal
      mining practices;

    then, upon giving notice by mail to the owners if known or if not
    known by posting notice upon the premises and advertising once in a
    newspaper of general circulation in the municipality in which the
    land lies, the Secretary, his agents, employees, or contractors, or
    the State pursuant to an approved State program, shall have the
    right to enter upon the property adversely affected by past coal
    mining practices and any other property to have access to such
    property to do all things necessary or expedient to restore,
    reclaim, abate, control, or prevent the adverse effects. Such entry
    shall be construed as an exercise of the police power for the
    protection of public health, safety, and general welfare and shall
    not be construed as an act of condemnation of property nor of
    trespass thereon. The moneys expended for such work and the
    benefits accruing to any such premises so entered upon shall be
    chargeable against such land and shall mitigate or offset any claim
    in or any action brought by any owner of any interest in such
    premises for any alleged damages by virtue of such entry: Provided,
    however, That this provision is not intended to create new rights
    of action or eliminate existing immunities.
    (b) Studies or exploratory work
      The Secretary, his agents, employees, or contractors or the State
    pursuant to an approved State program, shall have the right to
    enter upon any property for the purpose of conducting studies or
    exploratory work to determine the existence of adverse effects of
    past coal mining practices and to determine the feasibility of
    restoration, reclamation, abatement, control, or prevention of such
    adverse effects. Such entry shall be construed as an exercise of
    the police power for the protection of public health, safety, and
    general welfare and shall not be construed as an act of
    condemnation of property nor trespass thereon.
    (c) Requirements for acquisition of affected land
      The Secretary or the State pursuant to an approved State program,
    may acquire any land, by purchase, donation, or condemnation, which
    is adversely affected by past coal mining practices if the
    Secretary determines that acquisition of such land is necessary to
    successful reclamation and that - 
        (1) the acquired land, after restoration, reclamation,
      abatement, control, or prevention of the adverse effects of past
      coal mining practices, will serve recreation and historic
      purposes, conservation and reclamation purposes or provide open
      space benefits; and
        (2) permanent facilities such as a treatment plant or a
      relocated stream channel will be constructed on the land for the
      restoration, reclamation, abatement, control, or prevention of
      the adverse effects of past coal mining practices; or
        (3) acquisition of coal refuse disposal sites and all coal
      refuse thereon will serve the purposes of this subchapter or that
      public ownership is desirable to meet emergency situations and
      prevent recurrences of the adverse effects of past coal mining
      practices.
    (d) Title to affected land; value
      Title to all lands acquired pursuant to this section shall be in
    the name of the United States or, if acquired by a State pursuant
    to an approved program, title shall be in the name of the State.
    The price paid for land acquired under this section shall reflect
    the market value of the land as adversely affected by past coal
    mining practices.
    (e) State participation; grants
      States are encouraged as part of their approved State programs,
    to reclaim abandoned and unreclaimed mined lands within their
    boundaries and, if necessary, to acquire or to transfer such lands
    to the Secretary or the appropriate State regulatory authority
    under appropriate Federal regulations. The Secretary is authorized
    to make grants on a matching basis to States in such amounts as he
    deems appropriate for the purpose of carrying out the provisions of
    this subchapter but in no event shall any grant exceed 90 per
    centum of the cost of acquisition of the lands for which the grant
    is made. When a State has made any such land available to the
    Federal Government under this subchapter, such State shall have a
    preference right to purchase such lands after reclamation at fair
    market value less the State portion of the original acquisition
    price. Notwithstanding the provisions of paragraph (1) of
    subsection (c) of this section, reclaimed land may be sold to the
    State or local government in which it is located at a price less
    than fair market value, which in no case shall be less than the
    cost to the United States of the purchase and reclamation of the
    land, as negotiated by the Secretary, to be used for a valid public
    purpose. If any land sold to a State or local government under this
    paragraph is not used for a valid public purpose as specified by
    the Secretary in the terms of the sales agreement then all right,
    title, and interest in such land shall revert to the United States.
    Money received from such sale shall be deposited in the fund.
    (f) Rules and regulations
      The Secretary, in formulating regulations for making grants to
    the States to acquire land pursuant to this section, shall specify
    that acquired land meet the criteria provided for in subsections
    (c) and (d) of this section. The Secretary may provide by
    regulation that money derived from the lease, rental, or user
    charges of such acquired land and facilities thereon will be
    deposited in the fund.
    (g) Public sale; notice and hearing
      (1) Where land acquired pursuant to this section is deemed to be
    suitable for industrial, commercial, residential, or recreational
    development, the Secretary may sell or authorize the States to sell
    such land by public sale under a system of competitive bidding, at
    not less than fair market value and under such other regulations
    promulgated to insure that such lands are put to proper use
    consistent with local and State land use plans, if any, as
    determined by the Secretary.
      (2) The Secretary or the State pursuant to an approved State
    program, when requested after appropriate public notice shall hold
    a public hearing, with the appropriate notice, in the county or
    counties or the appropriate subdivisions of the State in which
    lands acquired pursuant to this section are located. The hearings
    shall be held at a time which shall afford local citizens and
    governments the maximum opportunity to participate in the decision
    concerning the use or disposition of the lands after restoration,
    reclamation, abatement, control, or prevention of the adverse
    effects of past coal mining practices.
    (h) Construction or rehabilitation of housing for disabled,
      displaced, or dislocated persons; grants
      In addition to the authority to acquire land under subsection (d)
    of this section the Secretary is authorized to use money in the
    fund to acquire land by purchase, donation, or condemnation, and to
    reclaim and transfer acquired land to any State or to a political
    subdivision thereof, or to any person, firm, association, or
    corporation, if he determines that such is an integral and
    necessary element of an economically feasible plan for the project
    to construct or rehabilitate housing for persons disabled as the
    result of employment in the mines or work incidental thereto,
    persons displaced by acquisition of land pursuant to this section,
    or persons dislocated as the result of adverse effects of coal
    mining practices which constitute an emergency as provided in
    section 1240 of this title or persons dislocated as the result of
    natural disasters or catastrophic failures from any cause. Such
    activities shall be accomplished under such terms and conditions as
    the Secretary shall require, which may include transfers of land
    with or without monetary consideration: Provided, That, to the
    extent that the consideration is below the fair market value of the
    land transferred, no portion of the difference between the fair
    market value and the consideration shall accrue as a profit to such
    persons, firm, association, or corporation. No part of the funds
    provided under this subchapter may be used to pay the actual
    construction costs of housing. The Secretary may carry out the
    purposes of this subsection directly or he may make grants and
    commitments for grants, and may advance money under such terms and
    conditions as he may require to any State, or any department,
    agency, or instrumentality of a State, or any public body or
    nonprofit organization designated by a State.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 407, Aug. 3, 1977, 91 Stat. 462;
    Pub. L. 101-508, title VI, Sec. 6012(d)(4)-(7), Nov. 5, 1990, 104
    Stat. 1388-298.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(4), (5),
    substituted a semicolon for the period at end of par. (4) and
    "then, upon giving notice" for "Then, upon giving notice" in
    concluding provisions.
      Subsec. (e). Pub. L. 101-508, Sec. 6012(d)(6), substituted
    "paragraph (1) of subsection (c) of this section" for "paragraph
    (1), of this subsection".
      Subsec. (g)(2). Pub. L. 101-508, Sec. 6012(d)(7), substituted
    "use or" for "use of" before "disposition".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-End-

-CITE-
    30 USC Sec. 1238                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1238. Liens

-STATUTE-
    (a) Filing of statement and appraisal
      Within six months after the completion of projects to restore,
    reclaim, abate, control, or prevent adverse effects of past coal
    mining practices on privately owned land, the Secretary or the
    State, pursuant to an approved State program, shall itemize the
    moneys so expended and may file a statement thereof in the office
    of the county in which the land lies which has the responsibility
    under local law for the recording of judgments against land,
    together with a notarized appraisal by an independent appraiser of
    the value of the land before the restoration, reclamation,
    abatement, control, or prevention of adverse effects of past coal
    mining practices if the moneys so expended shall result in a
    significant increase in property value. Such statement shall
    constitute a lien upon the said land. The lien shall not exceed the
    amount determined by the appraisal to be the increase in the market
    value of the land as a result of the restoration, reclamation,
    abatement, control, or prevention of the adverse effects of past
    coal mining practices. No lien shall be filed against the property
    of any person, in accordance with this subsection, who neither
    consented to nor participated in nor exercised control over the
    mining operation which necessitated the reclamation performed
    hereunder.
    (b) Petition
      The landowner may proceed as provided by local law to petition
    within sixty days of the filing of the lien, to determine the
    increase in the market value of the land as a result of the
    restoration, reclamation, abatement, control, or prevention of the
    adverse effects of past coal mining practices. The amount reported
    to be the increase in value of the premises shall constitute the
    amount of the lien and shall be recorded with the statement herein
    provided. Any party aggrieved by the decision may appeal as
    provided by local law.
    (c) Recordation
      The lien provided in this section shall be entered in the county
    office in which the land lies and which has responsibility under
    local law for the recording of judgments against land. Such
    statement shall constitute a lien upon the said land as of the date
    of the expenditure of the moneys and shall have priority as a lien
    second only to the lien of real estate taxes imposed upon said
    land.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 408, Aug. 3, 1977, 91 Stat. 465;
    Pub. L. 109-432, div. C, title II, Sec. 205, Dec. 20, 2006, 120
    Stat. 3016.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-432 struck out "who owned the
    surface prior to May 2, 1977, and" after "this subsection," in last
    sentence.

-End-

-CITE-
    30 USC Sec. 1239                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1239. Filling voids and sealing tunnels

-STATUTE-
    (a) Congressional declaration of hazardous conditions
      The Congress declares that voids, and open and abandoned tunnels,
    shafts, and entryways resulting from any previous mining operation,
    constitute a hazard to the public health or safety and that surface
    impacts of any underground or surface mining operation may degrade
    the environment. The Secretary, at the request of the Governor of
    any State, or the the (!1) governing body of an Indian tribe, is
    authorized to fill such voids, seal such abandoned tunnels, shafts,
    and entryways, and reclaim surface impacts of underground or
    surface mines which the Secretary determines could endanger life
    and property, constitute a hazard to the public health and safety,
    or degrade the environment. State regulatory authorities are
    authorized to carry out such work pursuant to an approved abandoned
    mine reclamation program.

    (b) Limitation on funds
      Funds available for use in carrying out the purpose of this
    section shall be limited to those funds which must be allocated to
    the respective States or Indian tribes under the provisions of
    paragraphs (1) and (5) of section 1232(g) of this title.
    (c) Limitation on expenditures
      (1) The Secretary may make expenditures and carry out the
    purposes of this section in such States where requests are made by
    the Governor or governing body of an Indian tribe for those
    reclamation projects which meet the priorities stated in section
    1233(a)(1) of this title, except that for the purposes of this
    section the reference to coal in section 1233(a)(1) of this title
    shall not apply.
      (2) The provisions of section 1234 of this title shall apply to
    this section, with the exception that such mined lands need not
    have been mined for coal.
      (3) The Secretary shall not make any expenditures for the
    purposes of this section in those States which have made the
    certification referred to in section 1240a(a) of this title.
    (d) Disposal of mine wastes
      In those instances where mine waste piles are being reworked for
    conservation purposes, the incremental costs of disposing of the
    wastes from such operations by filling voids and sealing tunnels
    may be eligible for funding providing that the disposal of these
    wastes meets the purposes of this section.
    (e) Land acquisition
      The Secretary may acquire by purchase, donation, easement, or
    otherwise such interest in land as he determines necessary to carry
    out the provisions of this section.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 409, Aug. 3, 1977, 91 Stat. 465;
    Pub. L. 101-508, title VI, Sec. 6009, Nov. 5, 1990, 104 Stat. 1388-
    296.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6009(1), substituted
    "the governing body of an Indian tribe" for "chairman of any
    tribe".
      Subsec. (b). Pub. L. 101-508, Sec. 6009(2), substituted "Indian
    tribes under the provisions of paragraphs (1) and (5) of section
    1232(g) of this title" for "Indian reservations under the
    provisions of subsection 1232(g) of this title".
      Subsec. (c). Pub. L. 101-508, Sec. 6009(3), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "The
    Secretary may make expenditures and carry out the purposes of this
    section without regard to provisions of section 1234 of this title
    in such States or Indian reservations where requests are made by
    the Governor or tribal chairman and only after all reclamation with
    respect to abandoned coal lands or coal development impacts have
    been met, except for those reclamation projects relating to the
    protection of the public health or safety."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    30 USC Sec. 1240                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1240. Emergency powers

-STATUTE-
      (a) The Secretary is authorized to expend moneys from the fund
    for the emergency restoration, reclamation, abatement, control, or
    prevention of adverse effects of coal mining practices, on eligible
    lands, if the Secretary makes a finding of fact that - 
        (1) an emergency exists constituting a danger to the public
      health, safety, or general welfare; and
        (2) no other person or agency will act expeditiously to
      restore, reclaim, abate, control, or prevent the adverse effects
      of coal mining practices.

      (b) The Secretary, his agents, employees, and contractors shall
    have the right to enter upon any land where the emergency exists
    and any other land to have access to the land where the emergency
    exists to restore, reclaim, abate, control, or prevent the adverse
    effects of coal mining practices and to do all things necessary or
    expedient to protect the public health, safety, or general welfare.
    Such entry shall be construed as an exercise of the police power
    and shall not be construed as an act of condemnation of property
    nor of trespass thereof. The moneys expended for such work and the
    benefits accruing to any such premises so entered upon shall be
    chargeable against such land and shall mitigate or offset any claim
    in or any action brought by any owner of any interest in such
    premises for any alleged damages by virtue of such entry: Provided,
    however, That this provision is not intended to create new rights
    of action or eliminate existing immunities.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 410, Aug. 3, 1977, 91 Stat. 466.)

-End-

-CITE-
    30 USC Sec. 1240a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1240a. Certification

-STATUTE-
    (a) Certification of completion of coal reclamation
      (1) The Governor of a State, or the head of a governing body of
    an Indian tribe, with an approved abandoned mine reclamation
    program under section 1235 of this title may certify to the
    Secretary that all of the priorities stated in section 1233(a) of
    this title for eligible lands and waters pursuant to section 1234
    of this title have been achieved. The Secretary, after notice in
    the Federal Register and opportunity for public comment, shall
    concur with such certification if the Secretary determines that
    such certification is correct.
      (2)(A) The Secretary may, on the initiative of the Secretary,
    make the certification referred to in paragraph (1) on behalf of
    any State or Indian tribe referred to in paragraph (1) if on the
    basis of the inventory referred to in section 1233(c) of this title
    all reclamation projects relating to the priorities described in
    section 1233(a) of this title for eligible land and water pursuant
    to section 1234 of this title in the State or tribe have been
    completed.
      (B) The Secretary shall only make the certification after notice
    in the Federal Register and opportunity for public comment.
    (b) Eligible lands, waters, and facilities
      If the Secretary has concurred in a State or tribal certification
    under subsection (a) of this section, for purposes of determining
    the eligibility of lands and waters for annual grants under section
    1232(g)(1) of this title, section 1234 of this title shall not
    apply, and eligible lands, waters, and facilities shall be those - 
        (1) which were mined or processed for minerals or which were
      affected by such mining or processing, and abandoned or left in
      an inadequate reclamation status prior to August 3, 1977; and
        (2) for which there is no continuing reclamation responsibility
      under State or other Federal laws. In determining the eligibility
      under this subsection of Federal lands, waters, and facilities
      under the jurisdiction of the Forest Service or Bureau of Land
      Management, in lieu of the August 3, 1977, date referred to in
      paragraph (1) the applicable date shall be August 28, 1974, and
      November 26, 1980, respectively.
    (c) Priorities
      Expenditures of moneys for lands, waters, and facilities referred
    to in subsection (b) of this section shall reflect the following
    objectives and priorities in the order stated (in lieu of the
    priorities set forth in section 1233 of this title):
        (1) The protection of public health, safety, general welfare,
      and property from extreme danger of adverse effects of mineral
      mining and processing practices.
        (2) The protection of public health, safety, and general
      welfare from adverse effects of mineral mining and processing
      practices.
        (3) The restoration of land and water resources and the
      environment previously degraded by the adverse effects of mineral
      mining and processing practices.
    (d) Specific sites and areas not eligible
      Sites and areas designated for remedial action pursuant to the
    Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901
    and following) or which have been listed for remedial action
    pursuant to the Comprehensive Environmental Response Compensation
    and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not
    be eligible for expenditures from the Fund under this section.
    (e) Utilities and other facilities
      Reclamation projects involving the protection, repair,
    replacement, construction, or enhancement of utilities, such as
    those relating to water supply, roads, and such other facilities
    serving the public adversely affected by mineral mining and
    processing practices, and the construction of public facilities in
    communities impacted by coal or other mineral mining and processing
    practices, shall be deemed part of the objectives set forth, and
    undertaken as they relate to, the priorities stated in subsection
    (c) of this section.
    (f) Public facilities related to coal or minerals industry
      Notwithstanding subsection (e) of this section, where the
    Secretary has concurred in the certification referenced in
    subsection (a) of this section and where the Governor of a State or
    the head of a governing body of an Indian tribe determines there is
    a need for activities or construction of specific public facilities
    related to the coal or minerals industry in States impacted by coal
    or minerals development and the Secretary concurs in such need,
    then the State or Indian tribe, as the case may be, may use annual
    grants made available under section 1232(g)(1) of this title to
    carry out such activities or construction.
    (g) Application of other provisions
      The provisions of sections 1237 and 1238 of this title shall
    apply to subsections (a) through (e) of this section, except that
    for purposes of this section the references to coal in sections
    1237 and 1238 of this title shall not apply.
    (h) Payments to States and Indian tribes
      (1) In general
        (A) Payments
          (i) In general
            Notwithstanding section 1231(f)(3)(B) of this title, from
          funds referred to in section 1232(i)(2) of this title, the
          Secretary shall make payments to States or Indian tribes for
          the amount due for the aggregate unappropriated amount
          allocated to the State or Indian tribe under subparagraph (A)
          or (B) of section 1232(g)(1) of this title.
          (ii) Conversion as equivalent payments
            Amounts allocated under subparagraph (A) or (B) of section
          1232(g)(1) of this title shall be reallocated to the
          allocation established in section 1232(g)(5) of this title in
          amounts equivalent to payments made to States or Indian
          tribes under this paragraph.
        (B) Amount due
          In this paragraph, the term "amount due" means the
        unappropriated amount allocated to a State or Indian tribe
        before October 1, 2007, under subparagraph (A) or (B) of
        section 1232(g)(1) of this title.
        (C) Schedule
          Payments under subparagraph (A) shall be made in 7 equal
        annual installments, beginning with fiscal year 2008.
        (D) Use of funds
          (i) Certified States and Indian tribes
            A State or Indian tribe that makes a certification under
          subsection (a) in which the Secretary concurs shall use any
          amounts provided under this paragraph for the purposes
          established by the State legislature or tribal council of the
          Indian tribe, with priority given for addressing the impacts
          of mineral development.
          (ii) Uncertified States and Indian tribes
            A State or Indian tribe that has not made a certification
          under subsection (a) in which the Secretary has concurred
          shall use any amounts provided under this paragraph for the
          purposes described in section 1233 of this title.
      (2) Subsequent State and Indian tribe share for certified States
        and Indian tribes
        (A) In general
          Notwithstanding section 1231(f)(3)(B) of this title, from
        funds referred to in section 1232(i)(2) of this title, the
        Secretary shall pay to each certified State or Indian tribe an
        amount equal to the sum of the aggregate unappropriated amount
        allocated on or after October 1, 2007, to the certified State
        or Indian tribe under subparagraph (A) or (B) of section
        1232(g)(1) of this title.
        (B) Certified State or Indian tribe defined
          In this paragraph the term "certified State or Indian tribe"
        means a State or Indian tribe for which a certification is made
        under subsection (a) in which the Secretary concurs.
      (3) Manner of payment
        (A) In general
          Subject to subparagraph (B), payments to States or Indian
        tribes under this subsection shall be made without regard to
        any limitation in section 1231(d) of this title and
        concurrently with payments to States under that section.
        (B) Initial payments
          The first 3 payments made to any State or Indian tribe shall
        be reduced to 25 percent, 50 percent, and 75 percent,
        respectively, of the amounts otherwise required under paragraph
        (2)(A).
        (C) Installments
          Amounts withheld from the first 3 annual installments as
        provided under subparagraph (B) shall be paid in 2 equal annual
        installments beginning with fiscal year 2018.
      (4) Reallocation
        (A) In general
          The amount allocated to any State or Indian tribe under
        subparagraph (A) or (B) of section 1232(g)(1) of this title
        that is paid to the State or Indian tribe as a result of a
        payment under paragraph (1) or (2) shall be reallocated and
        available for grants under section 1232(g)(5) of this title.
        (B) Allocation
          The grants shall be allocated based on the amount of coal
        historically produced before August 3, 1977, in the same manner
        as under section 1232(g)(5) of this title.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 411, as added Pub. L. 101-508, title
    VI, Sec. 6010(2), Nov. 5, 1990, 104 Stat. 1388-296; amended Pub. L.
    109-432, div. C, title II, Sec. 206, Dec. 20, 2006, 120 Stat.
    3016.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uranium Mill Tailings Radiation Control Act of 1978, referred
    to in subsec. (d), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021,
    as amended, which is classified principally to chapter 88 (Sec.
    7901 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7901 of Title 42 and Tables.
      The Comprehensive Environmental Response Compensation and
    Liability Act of 1980, referred to in subsec. (d), probably means
    the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat.
    2767, as amended, which is classified principally to chapter 103
    (Sec. 9601 et seq.) of Title 42. For complete classification of
    this Act to the Code, see Short Title note set out under section
    9601 of Title 42 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 411 of Pub. L. 95-87 was renumbered section 412
    and was classified to section 1241 of this title, prior to being
    omitted from the Code.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-432, Sec. 206(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (h). Pub. L. 109-432, Sec. 206(2), added subsec. (h).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1991, see section 6014 of Pub. L. 101-
    508 set out as an Effective Date of 1990 Amendment note under
    section 1231 of this title.

-End-

-CITE-
    30 USC Sec. 1241                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1241. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 95-87, title IV, Sec. 412, formerly Sec. 411,
    Aug. 3, 1977, 91 Stat. 466, renumbered Sec. 412, Pub. L. 101-508,
    title VI, Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296, which
    required the Secretary of the Interior or the State pursuant to an
    approved State program to report to Congress annually on operations
    under the fund together with recommendations for future use of the
    fund, terminated, effective May 15, 2000, pursuant to section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance. See, also, page 109 of House
    Document No. 103-7.

-End-

-CITE-
    30 USC Sec. 1242                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1242. Powers of Secretary or State

-STATUTE-
    (a) Engage in work, promulgate rules and regulations, etc., to
      implement and administer this subchapter
      The Secretary or the State pursuant to an approved State program,
    shall have the power and authority, if not granted it otherwise, to
    engage in any work and to do all things necessary or expedient,
    including promulgation of rules and regulations, to implement and
    administer the provisions of this subchapter.
    (b) Engage in cooperative projects
      The Secretary or the State pursuant to an approved State program,
    shall have the power and authority to engage in cooperative
    projects under this subchapter with any other agency of the United
    States of America, any State and their governmental agencies.
    (c) Request for action to restrain interference with regard to this
      subchapter
      The Secretary or the State pursuant to an approved State program,
    may request the Attorney General, who is hereby authorized to
    initiate, in addition to any other remedies provided for in this
    subchapter, in any court of competent jurisdiction, an action in
    equity for an injunction to restrain any interference with the
    exercise of the right to enter or to conduct any work provided in
    this subchapter.
    (d) Construct and operate plants for control and treatment of water
      pollution resulting from mine drainage
      The Secretary or the State pursuant to an approved State program,
    shall have the power and authority to construct and operate a plant
    or plants for the control and treatment of water pollution
    resulting from mine drainage. The extent of this control and
    treatment may be dependent upon the ultimate use of the water:
    Provided, That the above provisions of this paragraph shall not be
    deemed in any way to repeal or supersede any portion of the Federal
    Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended)
    [33 U.S.C. 1251 et seq.] and no control or treatment under this
    subsection shall in any way be less than that required under the
    Federal Water Pollution Control Act. The construction of a plant or
    plants may include major interceptors and other facilities
    appurtenant to the plant.
    (e) Transfer funds
      The Secretary may transfer funds to other appropriate Federal
    agencies, in order to carry out the reclamation activities
    authorized by this subchapter.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 413, formerly Sec. 412, Aug. 3,
    1977, 91 Stat. 466, renumbered Sec. 413, Pub. L. 101-508, title VI,
    Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act (33 U.S.C.A. 1151, et
    seq. as amended), referred to in subsec. (d), is act June 30, 1948,
    ch. 758, 62 Stat. 1155, formerly classified to chapter 23 (Sec.
    1151 et seq.) of Title 33, Navigation and Navigable Waters, which
    was completely revised by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
    Stat. 816, and is classified generally to chapter 26 (Sec. 1251 et
    seq.) of Title 33. For complete classification of this Act to the
    Code, see Short Title note set out under section 1251 of Title 33
    and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 413 of Pub. L. 95-87 was renumbered section 414
    and is classified to section 1243 of this title.

-End-

-CITE-
    30 USC Sec. 1243                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1243. Interagency cooperation

-STATUTE-
      All departments, boards, commissioners, and agencies of the
    United States of America shall cooperate with the Secretary by
    providing technical expertise, personnel, equipment, materials, and
    supplies to implement and administer the provisions of this
    subchapter.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 414, formerly Sec. 413, Aug. 3,
    1977, 91 Stat. 467, renumbered Sec. 414, Pub. L. 101-508, title VI,
    Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296.)

-End-

-CITE-
    30 USC Sec. 1244                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1244. Remining incentives

-STATUTE-
    (a) In general
      Notwithstanding any other provision of this chapter, the
    Secretary may, after opportunity for public comment, promulgate
    regulations that describe conditions under which amounts in the
    fund may be used to provide incentives to promote remining of
    eligible land under section 1234 of this title in a manner that
    leverages the use of amounts from the fund to achieve more
    reclamation with respect to the eligible land than would be
    achieved without the incentives.
    (b) Requirements
      Any regulations promulgated under subsection (a) shall specify
    that the incentives shall apply only if the Secretary determines,
    with the concurrence of the State regulatory authority referred to
    in subchapter V, that, without the incentives, the eligible land
    would not be likely to be remined and reclaimed.
    (c) Incentives
      (1) In general
        Incentives that may be considered for inclusion in the
      regulations promulgated under subsection (a) include, but are not
      limited to - 
          (A) a rebate or waiver of the reclamation fees required under
        section 1232(a) of this title; and
          (B) the use of amounts in the fund to provide financial
        assurance for remining operations in lieu of all or a portion
        of the performance bonds required under section 1259 of this
        title.
      (2) Limitations
        (A) Use
          A rebate or waiver under paragraph (1)(A) shall be used only
        for operations that - 
            (i) remove or reprocess abandoned coal mine waste; or
            (ii) conduct remining activities that meet the priorities
          specified in paragraph (1) or (2) of section 1233(a) of this
          title.
        (B) Amount
          The amount of a rebate or waiver provided as an incentive
        under paragraph (1)(A) to remine or reclaim eligible land shall
        not exceed the estimated cost of reclaiming the eligible land
        under this section.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 415, as added Pub. L. 109-432, div.
    C, title II, Sec. 207, Dec. 20, 2006, 120 Stat. 3018.)

-End-

-CITE-
    30 USC SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL
           IMPACTS OF SURFACE COAL MINING                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                                  MINING

-End-

-CITE-
    30 USC Sec. 1251                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1251. Environmental protection standards

-STATUTE-
      (a) Not later than the end of the ninety-day period immediately
    following August 3, 1977, the Secretary shall promulgate and
    publish in the Federal Register regulations covering an interim
    regulatory procedure for surface coal mining and reclamation
    operations setting mining and reclamation performance standards
    based on and incorporating the provisions set out in section
    1252(c) of this title. The issuance of the interim regulations
    shall be deemed not to be a major Federal action within the meaning
    of section 4332(2)(c) (!1) of title 42. Such regulations, which
    shall be concise and written in plain, understandable language
    shall not be promulgated and published by the Secretary until he
    has - 

        (A) published proposed regulations in the Federal Register and
      afforded interested persons and State and local governments a
      period of not less than thirty days after such publication to
      submit written comments thereon;
        (B) obtained the written concurrence of the Administrator of
      the Environmental Protection Agency with respect to those
      regulations promulgated under this section which relate to air or
      water quality standards promulgated under the authority of the
      Federal Water Pollution Control Act, as amended [33 U.S.C. 1251
      et seq.]; and the Clean Air Act, as amended [42 U.S.C. 7401 et
      seq.]; and
        (C) held at least one public hearing on the proposed
      regulations.

    The date, time, and place of any hearing held on the proposed
    regulations shall be set out in the publication of the proposed
    regulations. The Secretary shall consider all comments and relevant
    data presented at such hearing before final promulgation and
    publication of the regulations.
      (b) Not later than one year after August 3, 1977, the Secretary
    shall promulgate and publish in the Federal Register regulations
    covering a permanent regulatory procedure for surface coal mining
    and reclamation operations performance standards based on and
    conforming to the provisions of this subchapter and establishing
    procedures and requirements for preparation, submission, and
    approval of State programs; and development and implementation of
    Federal programs under the subchapter. The Secretary shall
    promulgate these regulations, which shall be concise and written in
    plain, understandable language in accordance with the procedures in
    subsection (a) of this section.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 501, Aug. 3, 1977, 91 Stat. 467.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act, referred to in subsec.
    (a)(B), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended
    generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    which is classified generally to chapter 26 (Sec. 1251 et seq.) of
    Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      The Clean Air Act, referred to in subsec. (a)(B), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "4332(2)(C)".

-End-

-CITE-
    30 USC Sec. 1251a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1251a. Abandoned coal refuse sites

-STATUTE-
      (1) Notwithstanding any other provision of the Surface Mining
    Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] to the
    contrary, the Secretary of the Interior shall, within one year
    after October 24, 1992, publish proposed regulations in the Federal
    Register, and after opportunity for public comment publish final
    regulations, establishing environmental protection performance and
    reclamation standards, and separate permit systems applicable to
    operations for the on-site reprocessing of abandoned coal refuse
    and operations for the removal of abandoned coal refuse on lands
    that would otherwise be eligible for expenditure under section 404
    and section 402(g)(4) of the Surface Mining Control and Reclamation
    Act of 1977 [30 U.S.C. 1234, 1232(g)(4)].
      (2) The standards and permit systems referred to in paragraph (1)
    shall distinguish between those operations which reprocess
    abandoned coal refuse on-site, and those operations which
    completely remove abandoned coal refuse from a site for the direct
    use of such coal refuse, or for the reprocessing of such coal
    refuse, at another location. Such standards and permit systems
    shall be premised on the distinct differences between operations
    for the on-site reprocessing, and operations for the removal, of
    abandoned coal refuse and other types of surface coal mining
    operations.
      (3) The Secretary of the Interior may devise a different standard
    than any of those set forth in section 515 and section 516 of the
    Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1265,
    1266], and devise a separate permit system, if he determines, on a
    standard-by-standard basis, that a different standard may
    facilitate the on-site reprocessing, or the removal, of abandoned
    coal refuse in a manner that would provide the same level of
    environmental protection as under section 515 and section 516.
      (4) Not later than 30 days prior to the publication of the
    proposed regulations referred to in this section, the Secretary
    shall submit a report to the Committee on Interior and Insular
    Affairs of the United States House of Representatives, and the
    Committee on Energy and Natural Resources of the United States
    Senate containing a detailed description of any environmental
    protection performance and reclamation standards, and separate
    permit systems, devised pursuant to this section.

-SOURCE-
    (Pub. L. 102-486, title XXV, Sec. 2503(e), Oct. 24, 1992, 106 Stat.
    3103.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Surface Mining Control and Reclamation Act of 1977, referred
    to in par. (1), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as
    amended, which is classified generally to this chapter (Sec. 1201
    et seq.). For complete classification of this Act to the Code, see
    Short Title note set out under section 1201 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Surface Mining Control and Reclamation Act of
    1977 which comprises this chapter.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of House of
    Representatives changed to Committee on Natural Resources of House
    of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
    Hundred Third Congress. Committee on Natural Resources of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives by section 1(a) of Pub. L. 104-14, set out
    as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    30 USC Sec. 1252                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1252. Initial regulatory procedures

-STATUTE-
    (a) State regulation
      No person shall open or develop any new or previously mined or
    abandoned site for surface coal mining operations on lands on which
    such operations are regulated by a State unless such person has
    obtained a permit from the State's regulatory authority.
    (b) Interim standards
      All surface coal mining operations on lands on which such
    operations are regulated by a State which commence operations
    pursuant to a permit issued on or after six months from August 3,
    1977, shall comply, and such permits shall contain terms requiring
    compliance with, the provisions set out in subsection (c) of this
    section. Prior to final disapproval of a State program or prior to
    promulgation of a Federal program or a Federal lands program
    pursuant to this chapter, a State may issue such permits.
    (c) Full compliance with environmental protection performance
      standards
      On and after nine months from August 3, 1977, all surface coal
    mining operations on lands on which such operations are regulated
    by a State shall comply with the provisions of subsections (b)(2),
    (b)(3), (b)(5), (b)(10), (b)(13), (b)(15), (b)(19), and (d) of
    section 1265 of this title or, where a surface coal mining
    operation will remove an entire coal seam or seams running through
    the upper fraction of a mountain, ridge, or hill by removing all of
    the overburden and creating a level plateau or a gently rolling
    contour with no highwalls remaining, such operation shall comply
    with the requirements of section 1265(c)(4) and (5) of this title
    without regard to the requirements of section 1265(b)(3) or (d)(2)
    and (3) of this title, with respect to lands from which overburden
    and the coal seam being mined have not been removed: Provided,
    however, That surface coal mining operations in operation pursuant
    to a permit issued by a State before August 3, 1977, issued to a
    person as defined in section 1291(19) of this title in existence
    prior to May 2, 1977 and operated by a person whose total annual
    production of coal from surface and underground coal mining
    operations does not exceed one hundred thousand tons shall not be
    subject to the provisions of this subsection except with reference
    to the provision of section 1265(d)(1) of this title until January
    1, 1979.
    (d) Permit application
      Not later than two months following the approval of a State
    program pursuant to section 1253 of this title or the
    implementation of a Federal program pursuant to section 1254 of
    this title, regardless of litigation contesting that approval or
    implementation, all operators of surface coal mines in expectation
    of operating such mines after the expiration of eight months from
    the approval of a State program or the implementation of a Federal
    program, shall file an application for a permit with the regulatory
    authority. Such application shall cover those lands to be mined
    after the expiration of eight months from the approval of a State
    program or the implementation of a Federal program. The regulatory
    authority shall process such applications and grant or deny a
    permit within eight months after the date of approval of the State
    program or the implementation of the Federal program, unless
    specially enjoined by a court of competent jurisdiction, but in no
    case later than forty-two months from August 3, 1977.
    (e) Federal enforcement program
      Within six months after August 3, 1977, the Secretary shall
    implement a Federal enforcement program which shall remain in
    effect in each State as surface coal mining operations are required
    to comply with the provisions of this chapter, until the State
    program has been approved pursuant to this chapter or until a
    Federal program has been implemented pursuant to this chapter. The
    enforcement program shall - 
        (1) include inspections of surface coal mine sites which may be
      made (but at least one inspection for every site every six
      months), without advance notice to the mine operator and for the
      purpose of ascertaining compliance with the standards of
      subsections (b) and (c) above. The Secretary shall order any
      necessary enforcement action to be implemented pursuant to the
      Federal enforcement provision of this subchapter to correct
      violations identified at the inspections;
        (2) provide that upon receipt of inspection reports indicating
      that any surface coal mining operation has been found in
      violation of subsections (b) and (c) above, during not less than
      two consecutive State inspections or upon receipt by the
      Secretary of information which would give rise to reasonable
      belief that such standards are being violated by any surface coal
      mining operation, the Secretary shall order the immediate
      inspection of such operation by Federal inspectors and the
      necessary enforcement actions, if any, to be implemented pursuant
      to the Federal enforcement provisions of this subchapter. When
      the Federal inspection results from information provided to the
      Secretary by any person, the Secretary shall notify such person
      when the Federal inspection is proposed to be carried out and
      such person shall be allowed to accompany the inspector during
      the inspection;
        (3) provide that the State regulatory agency file with the
      Secretary and with a designated Federal office centrally located
      in the county or area in which the inspected surface coal mine is
      located copies of inspection reports made;
        (4) provide that moneys authorized by section 1302 of this
      title shall be available to the Secretary prior to the approval
      of a State program pursuant to this chapter to reimburse the
      State for conducting those inspections in which the standards of
      this chapter are enforced and for the administration of this
      section.(!1)

        (5) for purposes of this section, the term "Federal inspector"
      means personnel of the Office of Surface Mining Reclamation and
      Enforcement and such additional personnel of the United States
      Geological Survey, Bureau of Land Management, or of the Mining
      Enforcement and Safety Administration so designated by the
      Secretary, or such other personnel of the Forest Service, Soil
      Conservation Service, or the Agricultural Stabilization and
      Conservation Service as arranged by appropriate agreement with
      the Secretary on a reimbursable or other basis; (!2)

    (f) Interim period
      Following the final disapproval of a State program, and prior to
    promulgation of a Federal program or a Federal lands program
    pursuant to this chapter, including judicial review of such a
    program, existing surface coal mining operations may continue
    surface mining operations pursuant to the provisions of this
    section. During such period no new permits shall be issued by the
    State whose program has been disapproved. Permits which lapse
    during such period may continue in full force and effect until
    promulgation of a Federal program or a Federal lands program.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 502, Aug. 3, 1977, 91 Stat. 468.)

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

               

    (!2) So in original. The semicolon probably should be a period.

-End-

-CITE-
    30 USC Sec. 1253                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1253. State programs

-STATUTE-
    (a) Regulation of surface coal mining and reclamation operations;
      submittal to Secretary; time limit; demonstration of
      effectiveness
      Each State in which there are or may be conducted surface coal
    mining operations on non-Federal lands, and which wishes to assume
    exclusive jurisdiction over the regulation of surface coal mining
    and reclamation operations, except as provided in sections 1271 and
    1273 of this title and subchapter IV of this chapter, shall submit
    to the Secretary, by the end of the eighteenth-month (!1) period
    beginning on August 3, 1977, a State program which demonstrates
    that such State has the capability of carrying out the provisions
    of this chapter and meeting its purposes through - 

        (1) a State law which provides for the regulation of surface
      coal mining and reclamation operations in accordance with the
      requirements of this chapter;
        (2) a State law which provides sanctions for violations of
      State laws, regulations, or conditions of permits concerning
      surface coal mining and reclamation operations, which sanctions
      shall meet the minimum requirements of this chapter, including
      civil and criminal actions, forfeiture of bonds, suspensions,
      revocations, and withholding of permits, and the issuance of
      cease-and-desist orders by the State regulatory authority or its
      inspectors;
        (3) a State regulatory authority with sufficient administrative
      and technical personnel, and sufficient funding to enable the
      State to regulate surface coal mining and reclamation operations
      in accordance with the requirements of this chapter;
        (4) a State law which provides for the effective
      implementations,(!1) maintenance, and enforcement of a permit
      system, meeting the requirements of this subchapter for the
      regulations (!1) of surface coal mining and reclamation
      operations for coal on lands within the State;
        (5) establishment of a process for the designation of areas as
      unsuitable for surface coal mining in accordance with section
      1272 of this title provided that the designation of Federal lands
      unsuitable for mining shall be performed exclusively by the
      Secretary after consultation with the State; and (!1)
        (6) establishment for the purposes of avoiding duplication, of
      a process for coordinating the review and issuance of permits for
      surface coal mining and reclamation operations with any other
      Federal or State permit process applicable to the proposed
      operations; and
        (7) rules and regulations consistent with regulations issued by
      the Secretary pursuant to this chapter.
    (b) Approval of program
      The Secretary shall not approve any State program submitted under
    this section until he has - 
        (1) solicited and publicly disclosed the views of the
      Administrator of the Environmental Protection Agency, the
      Secretary of Agriculture, and the heads of other Federal agencies
      concerned with or having special expertise pertinent to the
      proposed State program;
        (2) obtained the written concurrence of the Administrator of
      the Environmental Protection Agency with respect to those aspects
      of a State program which relate to air or water quality standards
      promulgated under the authority of the Federal Water Pollution
      Control Act, as amended [33 U.S.C. 1251 et seq.], and the Clean
      Air Act, as amended [42 U.S.C. 7401 et seq.];
        (3) held at least one public hearing on the State program
      within the State; and
        (4) found that the State has the legal authority and qualified
      personnel necessary for the enforcement of the environmental
      protection standards.

    The Secretary shall approve or disapprove a State program, in whole
    or in part, within six full calendar months after the date such
    State program was submitted to him.
    (c) Notice of disapproval
      If the Secretary disapproves any proposed State program in whole
    or in part, he shall notify the State in writing of his decision
    and set forth in detail the reasons therefor. The State shall have
    sixty days in which to resubmit a revised State program or portion
    thereof. The Secretary shall approve or disapprove the resubmitted
    State program or portion thereof within sixty days from the date of
    resubmission.
    (d) Inability of State to take action
      For the purposes of this section and section 1254 of this title,
    the inability of a State to take any action the purpose of which is
    to prepare, submit or enforce a State program, or any portion
    thereof, because the action is enjoined by the issuance of an
    injunction by any court of competent jurisdiction shall not result
    in a loss of eligibility for financial assistance under subchapters
    IV and VII of this chapter or in the imposition of a Federal
    program. Regulation of the surface coal mining and reclamation
    operations covered or to be covered by the State program subject to
    the injunction shall be conducted by the State pursuant to section
    1252 of this title, until such time as the injunction terminates or
    for one year, whichever is shorter, at which time the requirements
    of this section and section 1254 of this title shall again be fully
    applicable.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 503, Aug. 3, 1977, 91 Stat. 470.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act, referred to in subsec.
    (b)(2), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended
    generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    which is classified generally to chapter 26 (Sec. 1251 et seq.) of
    Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      The Clean Air Act, referred to in subsec. (b)(2), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    30 USC Sec. 1254                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1254. Federal programs

-STATUTE-
    (a) Promulgation and implementation by Secretary for State
      The Secretary shall prepare and, subject to the provisions of
    this section, promulgate and implement a Federal program for a
    State no later than thirty-four months after August 3, 1977, if
    such State - 
        (1) fails to submit a State program covering surface coal
      mining and reclamation operations by the end of the eighteen-
      month period beginning on August 3, 1977;
        (2) fails to resubmit an acceptable State program within sixty
      days of disapproval of a proposed State program: Provided, That
      the Secretary shall not implement a Federal program prior to the
      expiration of the initial period allowed for submission of a
      State program as provided for in clause (1) of this subsection;
      or
        (3) fails to implement, enforce, or maintain its approved State
      program as provided for in this chapter.

    If State compliance with clause (1) of this subsection requires an
    act of the State legislature, the Secretary may extend the period
    of submission of a State program up to an additional six months.
    Promulgation and implementation of a Federal program vests the
    Secretary with exclusive jurisdiction for the regulation and
    control of surface coal mining and reclamation operations taking
    place on lands within any State not in compliance with this
    chapter. After promulgation and implementation of a Federal program
    the Secretary shall be the regulatory authority. If a Federal
    program is implemented for a State, section 1272(a), (c), and (d)
    of this title shall not apply for a period of one year following
    the date of such implementation. In promulgating and implementing a
    Federal program for a particular State the Secretary shall take
    into consideration the nature of that State's terrain, climate,
    biological, chemical, and other relevant physical conditions.
    (b) Federal enforcement of State program
      In the event that a State has a State program for surface coal
    mining, and is not enforcing any part of such program, the
    Secretary may provide for the Federal enforcement, under the
    provisions of section 1271 of this title, of that part of the State
    program not being enforced by such State.
    (c) Notice and hearing
      Prior to promulgation and implementation of any proposed Federal
    program, the Secretary shall give adequate public notice and hold a
    public hearing in the affected State.
    (d) Review of permits
      Permits issued pursuant to a previously approved State program
    shall be valid but reviewable under a Federal program. Immediately
    following promulgation of a Federal program, the Secretary shall
    undertake to review such permits to determine that the requirements
    of this chapter are not violated. If the Secretary determines any
    permit to have been granted contrary to the requirements of this
    chapter, he shall so advise the permittee and provide him an
    opportunity for hearing and a reasonable opportunity for submission
    of a new application and reasonable time, within a time limit
    prescribed in regulations promulgated pursuant to section 1251(b)
    of this title, to conform ongoing surface mining and reclamation
    operations to the requirements of the Federal program.
    (e) Submission of State program after implementation of Federal
      program
      A State which has failed to obtain the approval of a State
    program prior to implementation of a Federal program may submit a
    State program at any time after such implementation. Upon the
    submission of such a program, the Secretary shall follow the
    procedures set forth in section 1253(b) of this title and shall
    approve or disapprove the State program within six months after its
    submittal. Approval of a State program shall be based on the
    determination that the State has the capability of carrying out the
    provisions of this chapter and meeting its purposes through the
    criteria set forth in section 1253(a)(1) through (6) of this title.
    Until a State program is approved as provided under this section,
    the Federal program shall remain in effect and all actions taken by
    the Secretary pursuant to such Federal program, including the terms
    and conditions of any permit issued thereunder shall remain in
    effect.
    (f) Validity of Federal program permits under superseding State
      program
      Permits issued pursuant to the Federal program shall be valid
    under any superseding State program: Provided, That the Federal
    permittee shall have the right to apply for a State permit to
    supersede his Federal permit. The State regulatory authority may
    review such permits to determine that the requirements of this
    chapter and the approved State program are not violated. Should the
    State program contain additional requirements not contained in the
    Federal program, the permittee will be provided opportunity for
    hearing and a reasonable time, within a time limit prescribed in
    regulations promulgated pursuant to section 1251 of this title, to
    conform ongoing surface mining and reclamation operations to the
    additional State requirements.
    (g) Preemption of State statutes or regulations
      Whenever a Federal program is promulgated for a State pursuant to
    this chapter, any statutes or regulations of such State which are
    in effect to regulate surface mining and reclamation operations
    subject to this chapter shall, insofar as they interfere with the
    achievement of the purposes and the requirements of this chapter
    and the Federal program, be preempted and superseded by the Federal
    program. The Secretary shall set forth any State law or regulation
    which is preempted and superseded by the Federal program.
    (h) Coordination of issuance and review of Federal program permits
      with any other Federal or State permit process
      Any Federal program shall include a process for coordinating the
    review and issuance of permits for surface mining and reclamation
    operations with any other Federal or State permit process
    applicable to the proposed operation.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 504, Aug. 3, 1977, 91 Stat. 471.)

-End-

-CITE-
    30 USC Sec. 1255                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1255. State laws

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 505, Aug. 3, 1977, 91 Stat. 473.)

-End-

-CITE-
    30 USC Sec. 1256                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1256. Permits

-STATUTE-
    (a) Persons engaged in surface coal mining within State; time
      limit; exception
      No later than eight months from the date on which a State program
    is approved by the Secretary, pursuant to section 1253 of this
    title, or no later than eight months from the date on which the
    Secretary has promulgated a Federal program for a State not having
    a State program pursuant to section 1254 of this title, no person
    shall engage in or carry out on lands within a State any surface
    coal mining operations unless such person has first obtained a
    permit issued by such State pursuant to an approved State program
    or by the Secretary pursuant to a Federal program; except a person
    conducting surface coal mining operations under a permit from the
    State regulatory authority, issued in accordance with the
    provisions of section 1252 of this title, may conduct such
    operations beyond such period if an application for a permit has
    been filed in accordance with the provisions of this chapter, but
    the initial administrative decision has not been rendered.
    (b) Term
      All permits issued pursuant to the requirements of this chapter
    shall be issued for a term not to exceed five years: Provided, That
    if the applicant demonstrates that a specified longer term is
    reasonably needed to allow the applicant to obtain necessary
    financing for equipment and the opening of the operation and if the
    application is full and complete for such specified longer term,
    the regulatory authority may grant a permit for such longer term. A
    successor in interest to a permittee who applies for a new permit
    within thirty days of succeeding to such interest and who is able
    to obtain the bond coverage of the original permittee may continue
    surface coal mining and reclamation operations according to the
    approved mining and reclamation plan of the original permittee
    until such successor's application is granted or denied.
    (c) Termination
      A permit shall terminate if the permittee has not commenced the
    surface coal mining operations covered by such permit within three
    years of the issuance of the permit: Provided, That the regulatory
    authority may grant reasonable extensions of time upon a showing
    that such extensions are necessary by reason of litigation
    precluding such commencement or threatening substantial economic
    loss to the permittee, or by reason of conditions beyond the
    control and without the fault or negligence of the permittee:
    Provided further, That in the case of a coal lease issued under the
    Federal Mineral Leasing Act, as amended [30 U.S.C. 181 et seq.],
    extensions of time may not extend beyond the period allowed for
    diligent development in accordance with section 7 of that Act [30
    U.S.C. 207]: Provided further, That with respect to coal to be
    mined for use in a synthetic fuel facility or specific major
    electric generating facility, the permittee shall be deemed to have
    commenced surface mining operations at such time as the
    construction of the synthetic fuel or generating facility is
    initiated.
    (d) Renewal
      (1) Any valid permit issued pursuant to this chapter shall carry
    with it the right of successive renewal upon expiration with
    respect to areas within the boundaries of the existing permit. The
    holders of the permit may apply for renewal and such renewal shall
    be issued (provided that on application for renewal the burden
    shall be on the opponents of renewal), subsequent to fulfillment of
    the public notice requirements of sections 1263 and 1264 of this
    title unless it is established that and written findings by the
    regulatory authority are made that - 
        (A) the terms and conditions of the existing permit are not
      being satisfactorily met;
        (B) the present surface coal mining and reclamation operation
      is not in compliance with the environmental protection standards
      of this chapter and the approved State plan or Federal program
      pursuant to this chapter; or
        (C) the renewal requested substantially jeopardizes the
      operator's continuing responsibility on existing permit areas;
        (D) the operator has not provided evidence that the performance
      bond in effect for said operation will continue in full force and
      effect for any renewal requested in such application as well as
      any additional bond the regulatory authority might require
      pursuant to section 1259 of this title; or
        (E) any additional revised or updated information required by
      the regulatory authority has not been provided. Prior to the
      approval of any renewal of permit the regulatory authority shall
      provide notice to the appropriate public authorities.

      (2) If an application for renewal of a valid permit includes a
    proposal to extend the mining operation beyond the boundaries
    authorized in the existing permit, the portion of the application
    for renewal of a valid permit which addresses any new land areas
    shall be subject to the full standards applicable to new
    applications under this chapter: Provided, however, That if the
    surface coal mining operations authorized by a permit issued
    pursuant to this chapter were not subject to the standards
    contained in section 1260(b)(5)(A) and (B) of this title by reason
    of complying with the proviso of section 1260(b)(5) of this title,
    then the portion of the application for renewal of the permit which
    addresses any new land areas previously identified in the
    reclamation plan submitted pursuant to section 1258 of this title
    shall not be subject to the standards contained in section
    1260(b)(5)(A) and (B) of this title.
      (3) Any permit renewal shall be for a term not to exceed the
    period of the original permit established by this chapter.
    Application for permit renewal shall be made at least one hundred
    and twenty days prior to the expiration of the valid permit.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 506, Aug. 3, 1977, 91 Stat. 473.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Mineral Leasing Act, as amended, referred to in
    subsec. (c), probably means act Feb. 25, 1920, ch. 85, 41 Stat.
    437, as amended, known as the Mineral Leasing Act, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 181 of this title and
    Tables.

-End-

-CITE-
    30 USC Sec. 1257                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1257. Application requirements

-STATUTE-
    (a) Fee
      Each application for a surface coal mining and reclamation permit
    pursuant to an approved State program or a Federal program under
    the provisions of this chapter shall be accompanied by a fee as
    determined by the regulatory authority. Such fee may be less than
    but shall not exceed the actual or anticipated cost of reviewing,
    administering, and enforcing such permit issued pursuant to a State
    or Federal program. The regulatory authority may develop procedures
    so as to enable the cost of the fee to be paid over the term of the
    permit.
    (b) Submittal; contents
      The permit application shall be submitted in a manner
    satisfactory to the regulatory authority and shall contain, among
    other things - 
        (1) the names and addresses of (A) the permit applicant; (B)
      every legal owner of record of the property (surface and
      mineral), to be mined; (C) the holders of record of any leasehold
      interest in the property; (D) any purchaser of record of the
      property under a real estate contract; and (E) the operator if he
      is a person different from the applicant; and (F) if any of these
      are business entities other than a single proprietor, the names
      and addresses of the principals, officers, and resident agent;
        (2) the names and addresses of the owners of record of all
      surface and subsurface areas adjacent to any part of the permit
      area;
        (3) a statement of any current or previous surface coal mining
      permits in the United States held by the applicant and the permit
      identification and each pending application;
        (4) if the applicant is a partnership, corporation,
      association, or other business entity, the following where
      applicable: the names and addresses of every officer, partner,
      director, or person performing a function similar to a director,
      of the applicant, together with the name and address of any
      person owning, of record 10 per centum or more of any class of
      voting stock of the applicant and a list of all names under which
      the applicant, partner, or principal shareholder previously
      operated a surface mining operation within the United States
      within the five-year period preceding the date of submission of
      the application;
        (5) a statement of whether the applicant, any subsidiary,
      affiliate, or persons controlled by or under common control with
      the applicant, has ever held a Federal or State mining permit
      which in the five-year period prior to the date of submission of
      the application has been suspended or revoked or has had a mining
      bond or similar security deposited in lieu of bond forefeited
      (!1) and, if so, a brief explanation of the facts involved;

        (6) a copy of the applicant's advertisement to be published in
      a newspaper of general circulation in the locality of the
      proposed site at least once a week for four successive weeks, and
      which includes the ownership, a description of the exact location
      and boundaries of the proposed site sufficient so that the
      proposed operation is readily locatable by local residents, and
      the location of where the application is available for public
      inspection;
        (7) a description of the type and method of coal mining
      operation that exists or is proposed, the engineering techniques
      proposed or used, and the equipment used or proposed to be used;
        (8) the anticipated or actual starting and termination dates of
      each phase of the mining operation and number of acres of land to
      be affected;
        (9) the applicant shall file with the regulatory authority on
      an accurate map or plan, to an appropriate scale, clearly showing
      the land to be affected as of the date of the application, the
      area of land within the permit area upon which the applicant has
      the legal right to enter and commence surface mining operations
      and shall provide to the regulatory authority a statement of
      those documents upon which the applicant bases his legal right to
      enter and commence surface mining operations on the area
      affected, and whether that right is the subject of pending court
      litigation: Provided, That nothing in this chapter shall be
      construed as vesting in the regulatory authority the jurisdiction
      to adjudicate property title disputes.(!2)

        (10) the name of the watershed and location of the surface
      stream or tributary into which surface and pit drainage will be
      discharged;
        (11) a determination of the probable hydrologic consequences of
      the mining and reclamation operations, both on and off the mine
      site, with respect to the hydrologic regime, quantity and quality
      of water in surface and ground water systems including the
      dissolved and suspended solids under seasonal flow conditions and
      the collection of sufficient data for the mine site and
      surrounding areas so that an assessment can be made by the
      regulatory authority of the probable cumulative impacts of all
      anticipated mining in the area upon the hydrology of the area and
      particularly upon water availability: Provided, however, That
      this determination shall not be required until such time as
      hydrologic information on the general area prior to mining is
      made available from an appropriate Federal or State agency:
      Provided further, That the permit shall not be approved until
      such information is available and is incorporated into the
      application;
        (12) when requested by the regulatory authority, the
      climatological factors that are peculiar to the locality of the
      land to be affected, including the average seasonal
      precipitation, the average direction and velocity of prevailing
      winds, and the seasonal temperature ranges;
        (13) accurate maps to an appropriate scale clearly showing (A)
      the land to be affected as of the date of application and (B) all
      types of information set forth on topographical maps of the
      United States Geological Survey of a scale of 1:24,000 or
      1:25,000 or larger, including all manmade features and
      significant known archeological sites existing on the date of
      application. Such a map or plan shall among other things
      specified by the regulatory authority show all boundaries of the
      land to be affected, the boundary lines and names of present
      owners of record of all surface areas abutting the permit area,
      and the location of all buildings within one thousand feet of the
      permit area;
        (14) cross-section maps or plans of the land to be affected
      including the actual area to be mined, prepared by or under the
      direction of and certified by a qualified registered professional
      engineer, or professional geologist with assistance from experts
      in related fields such as land surveying and landscape
      architecture, showing pertinent elevation and location of test
      borings or core samplings and depicting the following
      information: the nature and depth of the various strata of
      overburden; the location of subsurface water, if encountered, and
      its quality; the nature and thickness of any coal or rider seam
      above the coal seam to be mined; the nature of the stratum
      immediately beneath the coal seam to be mined; all mineral crop
      lines and the strike and dip of the coal to be mined, within the
      area of land to be affected; existing or previous surface mining
      limits; the location and extent of known workings of any
      underground mines, including mine openings to the surface; the
      location of aquifers; the estimated elevation of the water table;
      the location of spoil, waste, or refuse areas and top-soil
      preservation areas; the location of all impoundments for waste or
      erosion control; any settling or water treatment facility;
      constructed or natural drainways and the location of any
      discharges to any surface body of water on the area of land to be
      affected or adjacent thereto; and profiles at appropriate cross
      sections of the anticipated final surface configuration that will
      be achieved pursuant to the operator's proposed reclamation plan;
        (15) a statement of the result of test borings or core
      samplings from the permit area, including logs of the drill
      holes; the thickness of the coal seam found, an analysis of the
      chemical properties of such coal; the sulfur content of any coal
      seam; chemical analysis of potentially acid or toxic forming
      sections of the overburden; and chemical analysis of the stratum
      lying immediately underneath the coal to be mined except that the
      provisions of this paragraph (15) may be waived by the regulatory
      authority with respect to the specific application by a written
      determination that such requirements are unnecessary;
        (16) for those lands in the permit application which a
      reconnaissance inspection suggests may be prime farm lands, a
      soil survey shall be made or obtained according to standards
      established by the Secretary of Agriculture in order to confirm
      the exact location of such prime farm lands, if any; and
        (17) information pertaining to coal seams, test borings, core
      samplings, or soil samples as required by this section shall be
      made available to any person with an interest which is or may be
      adversely affected: Provided, That information which pertains
      only to the analysis of the chemical and physical properties of
      the coal (excepting information regarding such mineral or
      elemental content which is potentially toxic in the environment)
      shall be kept confidential and not made a matter of public
      record.
    (c) Assistance to small coal operators
      (1) If the regulatory authority finds that the probable total
    annual production at all locations of a coal surface mining
    operator will not exceed 300,000 tons, the cost of the following
    activities, which shall be performed by a qualified public or
    private laboratory or such other public or private qualified entity
    designated by the regulatory authority, shall be assumed by the
    regulatory authority upon the written request of the operator in
    connection with a permit application:
        (A) The determination of probable hydrologic consequences
      required by subsection (b)(11) of this section, including the
      engineering analyses and designs necessary for the determination.
        (B) The development of cross-section maps and plans required by
      subsection (b)(14) of this section.
        (C) The geologic drilling and statement of results of test
      borings and core samplings required by subsection (b)(15) of this
      section.
        (D) The collection of archaeological information required by
      subsection (b)(13) of this section and any other archaeological
      and historical information required by the regulatory authority,
      and the preparation of plans necessitated thereby.
        (E) Pre-blast surveys required by section 1265(b)(15)(E) of
      this title.
        (F) The collection of site-specific resource information and
      production of protection and enhancement plans for fish and
      wildlife habitats and other environmental values required by the
      regulatory authority under this chapter.

      (2) The Secretary shall provide or assume the cost of training
    coal operators that meet the qualifications stated in paragraph (1)
    concerning the preparation of permit applications and compliance
    with the regulatory program, and shall ensure that qualified coal
    operators are aware of the assistance available under this
    subsection.
    (d) Reclamation plan
      Each applicant for a permit shall be required to submit to the
    regulatory authority as part of the permit application a
    reclamation plan which shall meet the requirements of this chapter.
    (e) Public inspection
      Each applicant for a surface coal mining and reclamation permit
    shall file a copy of his application for public inspection with the
    recorder at the courthouse of the county or an appropriate public
    office approved by the regulatory authority where the mining is
    proposed to occur, except for that information pertaining to the
    coal seam itself.
    (f) Insurance certificate
      Each applicant for a permit shall be required to submit to the
    regulatory authority as part of the permit application a
    certificate issued by an insurance company authorized to do
    business in the United States certifying that the applicant has a
    public liability insurance policy in force for the surface mining
    and reclamation operations for which such permit is sought, or
    evidence that the applicant has satisfied other State or Federal
    self-insurance requirements. Such policy shall provide for personal
    injury and property damage protection in an amount adequate to
    compensate any persons damaged as a result of surface coal mining
    and reclamation operations including use of explosives and entitled
    to compensation under the applicable provisions of State law. Such
    policy shall be maintained in full force and effect during the
    terms of the permit or any renewal, including the length of all
    reclamation operations.
    (g) Blasting plan
      Each applicant for a surface coal mining and reclamation permit
    shall submit to the regulatory authority as part of the permit
    application a blasting plan which shall outline the procedures and
    standards by which the operator will meet the provisions of section
    1265(b)(15) of this title.
    (h) Reimbursement of costs
      A coal operator that has received assistance pursuant to
    subsection (c)(1) or (2) of this section shall reimburse the
    regulatory authority for the cost of the services rendered if the
    program administrator finds that the operator's actual and
    attributed annual production of coal for all locations exceeds
    300,000 tons during the 12 months immediately following the date on
    which the operator is issued the surface coal mining and
    reclamation permit.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 507, Aug. 3, 1977, 91 Stat. 474; Pub.
    L. 101-508, title VI, Sec. 6011, Nov. 5, 1990, 104 Stat. 1388-297;
    Pub. L. 102-486, title XXV, Sec. 2513, Oct. 24, 1992, 106 Stat.
    3112.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (c). Pub. L. 102-486, Sec. 2513(a), amended
    subsec. (c) generally. Prior to amendment, subsec. (c) read as
    follows: "If the regulatory authority finds that the probable total
    annual production at all locations of any coal surface mining
    operator will not exceed 300,000 tons, the determination of
    probable hydrologic consequences required by subsection (b)(11) of
    this section and the statement of the result of test borings or
    core samplings required by subsection (b)(15) of this section
    shall, upon the written request of the operator be performed by a
    qualified public or private laboratory designated by the regulatory
    authority and the cost of the preparation of such determination and
    statement shall be assumed by the regulatory authority."
      Subsec. (h). Pub. L. 102-486, Sec. 2513(b), added subsec. (h).
      1990 - Subsec. (c). Pub. L. 101-508 substituted "300,000" for
    "100,000".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508, effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

    PREPARATION OF CROSS-SECTIONS, MAPS, AND PLANS OF LAND BY OR UNDER
         DIRECTION OF QUALIFIED REGISTERED PROFESSIONAL ENGINEERS,
                       GEOLOGISTS, OR LAND SURVEYORS
      Pub. L. 98-146, title I, Sec. 115, Nov. 4, 1983, 97 Stat. 938,
    provided that: "Notwithstanding section 507(b)(14) of the Surface
    Mining Control and Reclamation Act of 1977 (Public Law 95-87)
    [subsec. (b)(14) of this section], cross-sections, maps or plans of
    land to be affected by an application for a surface mining and
    reclamation permit shall be prepared by or under the direction of a
    qualified registered professional engineer or geologist, or
    qualified registered professional land surveyor in any State which
    authorizes land surveyors to prepare and certify such maps or
    plans."

-FOOTNOTE-
    (!1) So in original. Probably should be "forfeited".

               

    (!2) So in original. The period probably should be a semicolon.

-End-

-CITE-
    30 USC Sec. 1258                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1258. Reclamation plan requirements

-STATUTE-
      (a) Each reclamation plan submitted as part of a permit
    application pursuant to any approved State program or a Federal
    program under the provisions of this chapter shall include, in the
    degree of detail necessary to demonstrate that reclamation required
    by the State or Federal program can be accomplished, a statement
    of:
        (1) the identification of the lands subject to surface coal
      mining operations over the estimated life of those operations and
      the size, sequence, and timing of the subareas for which it is
      anticipated that individual permits for mining will be sought;
        (2) the condition of the land to be covered by the permit prior
      to any mining including:
          (A) the uses existing at the time of the application, and if
        the land has a history of previous mining, the uses which
        preceded any mining; and
          (B) the capability of the land prior to any mining to support
        a variety of uses giving consideration to soil and foundation
        characteristics, topography, and vegetative cover, and, if
        applicable, a soil survey prepared pursuant to section
        1257(b)(16) of this title; and
          (C) the productivity of the land prior to mining, including
        appropriate classification as prime farm lands, as well as the
        average yield of food, fiber, forage, or wood products from
        such lands obtained under high levels of management;

        (3) the use which is proposed to be made of the land following
      reclamation, including a discussion of the utility and capacity
      of the reclaimed land to support a variety of alternative uses
      and the relationship of such use to existing land use policies
      and plans, and the comments of any owner of the surface, State
      and local governments or agencies thereof which would have to
      initiate, implement, approve or authorize the proposed use of the
      land following reclamation;
        (4) a detailed description of how the proposed postmining land
      use is to be achieved and the necessary support activities which
      may be needed to achieve the proposed land use;
        (5) the engineering techniques proposed to be used in mining
      and reclamation and a description of the major equipment; a plan
      for the control of surface water drainage and of water
      accumulation; a plan, where appropriate, for backfilling, soil
      stabilization, and compacting, grading, and appropriate
      revegetation; a plan for soil reconstruction, replacement, and
      stabilization, pursuant to the performance standards in section
      1265(b)(7)(A), (B), (C), and (D) of this title, for those food,
      forage, and forest lands identified in section 1265(b)(7) of this
      title; an estimate of the cost per acre of the reclamation,
      including a statement as to how the permittee plans to comply
      with each of the requirements set out in section 1265 of this
      title;
        (6) the consideration which has been given to maximize the
      utilization and conservation of the solid fuel resource being
      recovered so that reaffecting the land in the future can be
      minimized;
        (7) a detailed estimated timetable for the accomplishment of
      each major step in the reclamation plan;
        (8) the consideration which has been given to making the
      surface mining and reclamation operations consistent with surface
      owner plans, and applicable State and local land use plans and
      programs;
        (9) the steps to be taken to comply with applicable air and
      water quality laws and regulations and any applicable health and
      safety standards;
        (10) the consideration which has been given to developing the
      reclamation plan in a manner consistent with local physical
      environmental, and climatological conditions;
        (11) all lands, interests in lands, or options on such
      interests held by the applicant or pending bids on interests in
      lands by the applicant, which lands are contiguous to the area to
      be covered by the permit;
        (12) the results of test boring which the applicant has made at
      the area to be covered by the permit, or other equivalent
      information and data in a form satisfactory to the regulatory
      authority, including the location of subsurface water, and an
      analysis of the chemical properties including acid forming
      properties of the mineral and overburden: Provided, That
      information which pertains only to the analysis of the chemical
      and physical properties of the coal (excepting information
      regarding such mineral or elemental contents which is potentially
      toxic in the environment) shall be kept confidential and not made
      a matter of public record;
        (13) a detailed description of the measures to be taken during
      the mining and reclamation process to assure the protection of:
          (A) the quality of surface and ground water systems, both on-
        and off-site, from adverse effects of the mining and
        reclamation process;
          (B) the rights of present users to such water; and
          (C) the quantity of surface and ground water systems, both on-
         and off-site, from adverse effects of the mining and
        reclamation process or to provide alternative sources of water
        where such protection of quantity cannot be assured;

        (14) such other requirements as the regulatory authority shall
      prescribe by regulations.

      (b) Any information required by this section which is not on
    public file pursuant to State law shall be held in confidence by
    the regulatory authority.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 508, Aug. 3, 1977, 91 Stat. 478.)

-End-

-CITE-
    30 USC Sec. 1259                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1259. Performance bonds

-STATUTE-
    (a) Filing with regulatory authority; scope; number and amount
      After a surface coal mining and reclamation permit application
    has been approved but before such a permit is issued, the applicant
    shall file with the regulatory authority, on a form prescribed and
    furnished by the regulatory authority, a bond for performance
    payable, as appropriate, to the United States or to the State, and
    conditional upon faithful performance of all the requirements of
    this chapter and the permit. The bond shall cover that area of land
    within the permit area upon which the operator will initiate and
    conduct surface coal mining and reclamation operations within the
    initial term of the permit. As succeeding increments of surface
    coal mining and reclamation operations are to be initiated and
    conducted within the permit area, the permittee shall file with the
    regulatory authority an additional bond or bonds to cover such
    increments in accordance with this section. The amount of the bond
    required for each bonded area shall depend upon the reclamation
    requirements of the approved permit; shall reflect the probable
    difficulty of reclamation giving consideration to such factors as
    topography, geology of the site, hydrology, and revegetation
    potential, and shall be determined by the regulatory authority. The
    amount of the bond shall be sufficient to assure the completion of
    the reclamation plan if the work had to be performed by the
    regulatory authority in the event of forfeiture and in no case
    shall the bond for the entire area under one permit be less than
    $10,000.
    (b) Liability period; execution
      Liability under the bond shall be for the duration of the surface
    coal mining and reclamation operation and for a period coincident
    with operator's responsibility for revegetation requirements in
    section 1265 of this title. The bond shall be executed by the
    operator and a corporate surety licensed to do business in the
    State where such operation is located, except that the operator may
    elect to deposit cash, negotiable bonds of the United States
    Government or such State, or negotiable certificates of deposit of
    any bank organized or transacting business in the United States.
    The cash deposit or market value of such securities shall be equal
    to or greater than the amount of the bond required for the bonded
    area.
    (c) Bond of applicant without separate surety; alternate system
      The regulatory authority may accept the bond of the applicant
    itself without separate surety when the applicant demonstrates to
    the satisfaction of the regulatory authority the existence of a
    suitable agent to receive service of process and a history of
    financial solvency and continuous operation sufficient for
    authorization to self-insure or bond such amount or in lieu of the
    establishment of a bonding program, as set forth in this section,
    the Secretary may approve as part of a State or Federal program an
    alternative system that will achieve the objectives and purposes of
    the bonding program pursuant to this section.
    (d) Deposit of cash or securities
      Cash or securities so deposited shall be deposited upon the same
    terms as the terms upon which surety bonds may be deposited. Such
    securities shall be security for the repayment of such negotiable
    certificate of deposit.
    (e) Adjustments
      The amount of the bond or deposit required and the terms of each
    acceptance of the applicant's bond shall be adjusted by the
    regulatory authority from time to time as affected land acreages
    are increased or decreased or where the cost of future reclamation
    changes.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 509, Aug. 3, 1977, 91 Stat. 479.)

-End-

-CITE-
    30 USC Sec. 1260                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1260. Permit approval or denial

-STATUTE-
    (a) Basis for decision; notification of applicant and local
      government officials; burden of proof
      Upon the basis of a complete mining application and reclamation
    plan or a revision or renewal thereof, as required by this chapter
    and pursuant to an approved State program or Federal program under
    the provisions of this chapter, including public notification and
    an opportunity for a public hearing as required by section 1263 of
    this title, the regulatory authority shall grant, require
    modification of, or deny the application for a permit in a
    reasonable time set by the regulatory authority and notify the
    applicant in writing. The applicant for a permit, or revision of a
    permit, shall have the burden of establishing that his application
    is in compliance with all the requirements of the applicable State
    or Federal program. Within ten days after the granting of a permit,
    the regulatory authority shall notify the local governmental
    officials in the local political subdivision in which the area of
    land to be affected is located that a permit has been issued and
    shall describe the location of the land.
    (b) Requirements for approval
      No permit or revision application shall be approved unless the
    application affirmatively demonstrates and the regulatory authority
    finds in writing on the basis of the information set forth in the
    application or from information otherwise available which will be
    documented in the approval, and made available to the applicant,
    that - 
        (1) the permit application is accurate and complete and that
      all the requirements of this chapter and the State or Federal
      program have been complied with;
        (2) the applicant has demonstrated that reclamation as required
      by this chapter and the State or Federal program can be
      accomplished under the reclamation plan contained in the permit
      application;
        (3) the assessment of the probable cumulative impact of all
      anticipated mining in the area on the hydrologic balance
      specified in section 1257(b) of this title has been made by the
      regulatory authority and the proposed operation thereof has been
      designed to prevent material damage to hydrologic balance outside
      permit area;
        (4) the area proposed to be mined is not included within an
      area designated unsuitable for surface coal mining pursuant to
      section 1272 of this title or is not within an area under study
      for such designation in an administrative proceeding commenced
      pursuant to section 1272(a)(4)(D) or section 1272(c) of this
      title (unless in such an area as to which an administrative
      proceeding has commenced pursuant to section 1272(a)(4)(D) of
      this title, the operator making the permit application
      demonstrates that, prior to January 1, 1977, he has made
      substantial legal and financial commitments in relation to the
      operation for which he is applying for a permit);
        (5) the proposed surface coal mining operation, if located west
      of the one hundredth meridian west longitude, would - 
          (A) not interrupt, discontinue, or preclude farming on
        alluvial valley floors that are irrigated or naturally
        subirrigated, but, excluding undeveloped range lands which are
        not significant to farming on said alluvial valley floors and
        those lands as to which the regulatory authority finds that if
        the farming that will be interrupted, discontinued, or
        precluded is of such small acreage as to be of negligible
        impact on the farm's agricultural production, or
          (B) not materially damage the quantity or quality of water in
        surface or underground water systems that supply these valley
        floors in (A) of subsection (b)(5) of this section:

      Provided, That this paragraph (5) shall not affect those surface
      coal mining operations which in the year preceding August 3,
      1977, (I) produced coal in commercial quantities, and were
      located within or adjacent to alluvial valley floors or (II) had
      obtained specific permit approval by the State regulatory
      authority to conduct surface coal mining operations within said
      alluvial valley floors.

    With respect to such surface mining operations which would have
    been within the purview of the foregoing proviso but for the fact
    that no coal was so produced in commercial quantities and no such
    specific permit approval was so received, the Secretary, if he
    determines that substantial financial and legal commitments were
    made by an operator prior to January 1, 1977, in connection with
    any such operation, is authorized, in accordance with such
    regulations as the Secretary may prescribe, to enter into an
    agreement with that operator pursuant to which the Secretary may,
    notwithstanding any other provision of law, lease other Federal
    coal deposits to such operator in exchange for the relinquishment
    by such operator of his Federal lease covering coal deposits
    involving such mining operations, or pursuant to section 1716 of
    title 43, convey to the fee holder of any such coal deposits
    involving such mining operations the fee title to other available
    Federal coal deposits in exchange for the fee title to such
    deposits so involving such mining operations. It is the policy of
    the Congress that the Secretary shall develop and carry out a coal
    exchange program to acquire private fee coal precluded from being
    mined by the restrictions of this paragraph (5) in exchange for
    Federal coal which is not so precluded. Such exchanges shall be
    made under section 1716 of title 43;
        (6) in cases where the private mineral estate has been severed
      from the private surface estate, the applicant has submitted to
      the regulatory authority - 
          (A) the written consent of the surface owner to the
        extraction of coal by surface mining methods; or
          (B) a conveyance that expressly grants or reserves the right
        to extract the coal by surface mining methods; or
          (C) if the conveyance does not expressly grant the right to
        extract coal by surface mining methods, the surface-subsurface
        legal relationship shall be determined in accordance with State
        law: Provided, That nothing in this chapter shall be construed
        to authorize the regulatory authority to adjudicate property
        rights disputes.
    (c) Schedule of violations
      The applicant shall file with his permit application a schedule
    listing any and all notices of violations of this chapter and any
    law, rule, or regulation of the United States, or of any department
    or agency in the United States pertaining to air or water
    environmental protection incurred by the applicant in connection
    with any surface coal mining operation during the three-year period
    prior to the date of application. The schedule shall also indicate
    the final resolution of any such notice of violation. Where the
    schedule or other information available to the regulatory authority
    indicates that any surface coal mining operation owned or
    controlled by the applicant is currently in violation of this
    chapter or such other laws referred to (!1) this subsection, the
    permit shall not be issued until the applicant submits proof that
    such violation has been corrected or is in the process of being
    corrected to the satisfaction of the regulatory authority,
    department, or agency which has jurisdiction over such violation
    and no permit shall be issued to an applicant after a finding by
    the regulatory authority, after opportunity for hearing, that the
    applicant, or the operator specified in the application, controls
    or has controlled mining operations with a demonstrated pattern of
    willful violations of this chapter of such nature and duration with
    such resulting irreparable damage to the environment as to indicate
    an intent not to comply with the provisions of this chapter.

    (d) Prime farmland mining permit
      (1) In addition to finding the application in compliance with
    subsection (b) of this section, if the area proposed to be mined
    contains prime farmland pursuant to section 1257(b)(16) of this
    title, the regulatory authority shall, after consultation with the
    Secretary of Agriculture, and pursuant to regulations issued
    hereunder by the Secretary of (!2) Interior with the concurrence of
    the Secretary of Agriculture, grant a permit to mine on prime
    farmland if the regulatory authority finds in writing that the
    operator has the technological capability to restore such mined
    area, within a reasonable time, to equivalent or higher levels of
    yield as non-mined prime farmland in the surrounding area under
    equivalent levels of management and can meet the soil
    reconstruction standards in section 1265(b)(7) of this title.
    Except for compliance with subsection (b) of this section, the
    requirements of this paragraph (1) shall apply to all permits
    issued after August 3, 1977.

      (2) Nothing in this subsection shall apply to any permit issued
    prior to August 3, 1977, or to any revisions or renewals thereof,
    or to any existing surface mining operations for which a permit was
    issued prior to August 3, 1977.
    (e) Modification of prohibition
      After October 24, 1992, the prohibition of subsection (c) of this
    section shall not apply to a permit application due to any
    violation resulting from an unanticipated event or condition at a
    surface coal mining operation on lands eligible for remining under
    a permit held by the person making such application. As used in
    this subsection, the term "violation" has the same meaning as such
    term has under subsection (c) of this section.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 510, Aug. 3, 1977, 91 Stat. 480; Pub.
    L. 102-486, title XXV, Sec. 2503(a), Oct. 24, 1992, 106 Stat. 3102;
    Pub. L. 109-432, div. C, title II, Sec. 208, Dec. 20, 2006, 120
    Stat. 3019.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-432 struck out at end "The
    authority of this subsection and section 1265(b)(20)(B) of this
    title shall terminate on September 30, 2004."
      1992 - Subsec. (e). Pub. L. 102-486 added subsec. (e).

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "in".

    (!2) So in original. Probably should be "of the".

-End-

-CITE-
    30 USC Sec. 1261                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1261. Revision of permits

-STATUTE-
    (a) Application and revised reclamation plan; requirements;
      extensions to area covered
      (1) During the term of the permit the permittee may submit an
    application for a revision of the permit, together with a revised
    reclamation plan, to the regulatory authority.
      (2) An application for a revision of a permit shall not be
    approved unless the regulatory authority finds that reclamation as
    required by this chapter and the State or Federal program can be
    accomplished under the revised reclamation plan. The revision shall
    be approved or disapproved within a period of time established by
    the State or Federal program. The regulatory authority shall
    establish guidelines for a determination of the scale or extent of
    a revision request for which all permit application information
    requirements and procedures, including notice and hearings, shall
    apply: Provided, That any revisions which propose significant
    alterations in the reclamation plan shall, at a minimum, be subject
    to notice and hearing requirements.
      (3) Any extensions to the area covered by the permit except
    incidental boundary revisions must be made by application for
    another permit.
    (b) Transfer, assignment, or sale of rights under permit
      No transfer, assignment, or sale of the rights granted under any
    permit issued pursuant to this chapter shall be made without the
    written approval of the regulatory authority.
    (c) Review of outstanding permits
      The regulatory authority shall within a time limit prescribed in
    regulations promulgated by the regulatory authority, review
    outstanding permits and may require reasonable revision or
    modification of the permit provisions during the term of such
    permit: Provided, That such revision or modification shall be based
    upon a written finding and subject to notice and hearing
    requirements established by the State or Federal program.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 511, Aug. 3, 1977, 91 Stat. 483.)

-End-

-CITE-
    30 USC Sec. 1262                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1262. Coal exploration permits

-STATUTE-
    (a) Regulations; contents
      Each State or Federal program shall include a requirement that
    coal exploration operations which substantially disturb the natural
    land surface be conducted in accordance with exploration
    regulations issued by the regulatory authority. Such regulations
    shall include, at a minimum (1) the requirement that prior to
    conducting any exploration under this section, any person must file
    with the regulatory authority notice of intention to explore and
    such notice shall include a description of the exploration area and
    the period of supposed exploration and (2) provisions for
    reclamation in accordance with the performance standards in section
    1265 of this title of all lands disturbed in exploration, including
    excavations, roads, drill holes, and the removal of necessary
    facilities and equipment.
    (b) Confidential information
      Information submitted to the regulatory authority pursuant to
    this subsection as confidential concerning trade secrets or
    privileged commercial or financial information which relates to the
    competitive rights of the person or entity intended to explore the
    described area shall not be available for public examination.
    (c) Penalties
      Any person who conducts any coal exploration activities which
    substantially disturb the natural land surface in violation of this
    section or regulations issued pursuant thereto shall be subject to
    the provisions of section 1268 of this title.
    (d) Limitation on removal of coal
      No operator shall remove more than two hundred and fifty tons of
    coal pursuant to an exploration permit without the specific written
    approval of the regulatory authority.
    (e) Law governing exploration of Federal lands
      Coal exploration on Federal lands shall be governed by section 4
    of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085).

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 512, Aug. 3, 1977, 91 Stat. 483.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4 of the Federal Coal Leasing Amendments Act of 1975 (90
    Stat. 1085), referred to in subsec. (e), is section 4 of Pub. L. 94-
    377, Aug. 4, 1976, 90 Stat. 1085, redesignated the Federal Coal
    Leasing Amendments Act of 1976, which amended section 201(b) of
    this title.

-End-

-CITE-
    30 USC Sec. 1263                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1263. Public notice and public hearings

-STATUTE-
    (a) Submittal of advertisement to regulatory authority;
      notification of local governmental bodies
      At the time of submission of an application for a surface coal
    mining and reclamation permit, or revision of an existing permit,
    pursuant to the provisions of this chapter or an approved State
    program, the applicant shall submit to the regulatory authority a
    copy of his advertisement of the ownership, precise location, and
    boundaries of the land to be affected. At the time of submission
    such advertisement shall be placed by the applicant in a local
    newspaper of general circulation in the locality of the proposed
    surface mine at least once a week for four consecutive weeks. The
    regulatory authority shall notify various local governmental
    bodies, planning agencies, and sewage and water treatment
    authorities, of (!1) water companies in the locality in which the
    proposed surface mining will take place, notifying them of the
    operator's intention to surface mine a particularly described tract
    of land and indicating the application's permit number and where a
    copy of the proposed mining and reclamation plan may be inspected.
    These local bodies, agencies, authorities, or companies may submit
    written comments within a reasonable period established by the
    regulatory authority on the mining applications with respect to the
    effect of the proposed operation on the environment which are
    within their area of responsibility. Such comments shall
    immediately be transmitted to the applicant by the regulatory
    authority and shall be made available to the public at the same
    locations as are the mining applications.

    (b) Objections to permit applications; informal conference; record
      Any person having an interest which is or may be adversely
    affected or the officer or head of any Federal, State, or local
    governmental agency or authority shall have the right to file
    written objections to the proposed initial or revised application
    for a permit for surface coal mining and reclamation operation with
    the regulatory authority within thirty days after the last
    publication of the above notice. Such objections shall immediately
    be transmitted to the applicant by the regulatory authority and
    shall be made available to the public. If written objections are
    filed and an informal conference requested, the regulatory
    authority shall then hold an informal conference in the locality of
    the proposed mining, if requested within a reasonable time of the
    receipt of such objections or request. The date, time and location
    of such informal conference shall be advertised by the regulatory
    authority in a newspaper of general circulation in the locality at
    least two weeks prior to the scheduled conference date. The
    regulatory authority may arrange with the applicant upon request by
    any party to the administrative proceeding access to the proposed
    mining area for the purpose of gathering information relevant to
    the proceeding. An electronic or stenographic record shall be made
    of the conference proceeding, unless waived by all parties. Such
    record shall be maintained and shall be accessible to the parties
    until final release of the applicant's performance bond. In the
    event all parties requesting the informal conference stipulate
    agreement prior to the requested informal conference and withdraw
    their request, such informal conference need not be held.
    (c) Prior Federal coal lease hearing as evidence
      Where the lands included in an application for a permit are the
    subject of a Federal coal lease in connection with which hearings
    were held and determinations were made under section 201(a)(3)(A),
    (B) and (C) of this title, such hearings shall be deemed as to the
    matters covered to satisfy the requirements of this section and
    section 1264 of this title and such determinations shall be deemed
    to be a part of the record and conclusive for purposes of sections
    1260, 1264 of this title and this section.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 513, Aug. 3, 1977, 91 Stat. 484.)

-FOOTNOTE-
    (!1) So in original. Probably should be "or".

-End-

-CITE-
    30 USC Sec. 1264                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1264. Decisions of regulatory authority and appeals

-STATUTE-
    (a) Issuance of findings within 60 days after informal conference
      If an informal conference has been held pursuant to section
    1263(b) of this title, the regulatory authority shall issue and
    furnish the applicant for a permit and persons who are parties to
    the administrative proceedings with the written finding of the
    regulatory authority, granting or denying the permit in whole or in
    part and stating the reasons therefor, within the sixty days of
    said hearings.
    (b) Decision without informal conference; notification within a
      reasonable time
      If there has been no informal conference held pursuant to section
    1263(b) of this title, the regulatory authority shall notify the
    applicant for a permit within a reasonable time as determined by
    the regulatory authority and set forth in regulations, taking into
    account the time needed for proper investigation of the site, the
    complexity of the permit application, and whether or not written
    objection to the application has been filed, whether the
    application has been approved or disapproved in whole or part.
    (c) Request for rehearing on reasons for final determination; time;
      issuance of decision
      If the application is approved, the permit shall be issued. If
    the application is disapproved, specific reasons therefor must be
    set forth in the notification. Within thirty days after the
    applicant is notified of the final decision of the regulatory
    authority on the permit application, the applicant or any person
    with an interest which is or may be adversely affected may request
    a hearing on the reasons for the final determination. The
    regulatory authority shall hold a hearing within thirty days of
    such request and provide notification to all interested parties at
    the time that the applicant is so notified. If the Secretary is the
    regulatory authority the hearing shall be of record and governed by
    section 554 of title 5. Where the regulatory authority is the
    State, such hearing shall be of record, adjudicatory in nature and
    no person who presided at a conference under section 1263(b) of
    this title shall either preside at the hearing or participate in
    this decision thereon or in any administrative appeal therefrom.
    Within thirty days after the hearing the regulatory authority shall
    issue and furnish the applicant, and all persons who participated
    in the hearing, with the written decision of the regulatory
    authority granting or denying the permit in whole or in part and
    stating the reasons therefor.
    (d) Temporary relief
      Where a hearing is requested pursuant to subsection (c) of this
    section, the Secretary, where the Secretary is the regulatory
    authority, or the State hearing authority may, under such
    conditions as it may prescribe, grant such temporary relief as it
    deems appropriate pending final determination of the proceedings if
    - 
        (1) all parties to the proceedings have been notified and given
      an opportunity to be heard on a request for temporary relief;
        (2) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding; and
        (3) such relief will not adversely affect the public health or
      safety or cause significant imminent environmental harm to land,
      air, or water resources.
    (e) Power of regulatory authority with respect to rehearing
      For the purpose of such hearing, the regulatory authority may
    administer oaths, subpoena witnesses, or written or printed
    materials, compel attendance of the witness, or production of the
    materials, and take evidence including but not limited to site
    inspections of the land to be affected and other surface coal
    mining operations carried on by the applicant in the general
    vicinity of the proposed operation. A verbatim record of each
    public hearing required by this chapter shall be made, and a
    transcript made available on the motion of any party or by order of
    the regulatory authority.
    (f) Right to appeal in accordance with section 1276 of this title
      Any applicant or any person with an interest which is or may be
    adversely affected who has participated in the administrative
    proceedings as an objector, and who is aggrieved by the decision of
    the regulatory authority, or if the regulatory authority fails to
    act within the time limits specified in this chapter shall have the
    right to appeal in accordance with section 1276 of this title.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 514, Aug. 3, 1977, 91 Stat. 485.)

-End-

-CITE-
    30 USC Sec. 1265                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1265. Environmental protection performance standards

-STATUTE-
    (a) Permit requirement
      Any permit issued under any approved State or Federal program
    pursuant to this chapter to conduct surface coal mining operations
    shall require that such surface coal mining operations will meet
    all applicable performance standards of this chapter, and such
    other requirements as the regulatory authority shall promulgate.
    (b) General standards
      General performance standards shall be applicable to all surface
    coal mining and reclamation operations and shall require the
    operation as a minimum to - 
        (1) conduct surface coal mining operations so as to maximize
      the utilization and conservation of the solid fuel resource being
      recovered so that reaffecting the land in the future through
      surface coal mining can be minimized;
        (2) restore the land affected to a condition capable of
      supporting the uses which it was capable of supporting prior to
      any mining, or higher or better uses of which there is reasonable
      likelihood, so long as such use or uses do not present any actual
      or probable hazard to public health or safety or pose any actual
      or probable threat of water diminution or pollution, and the
      permit applicants' declared proposed land use following
      reclamation is not deemed to be impractical or unreasonable,
      inconsistent with applicable land use policies and plans,
      involves unreasonable delay in implementation, or is violative of
      Federal, State, or local law;
        (3) except as provided in subsection (c) of this section with
      respect to all surface coal mining operations backfill, compact
      (where advisable to insure stability or to prevent leaching of
      toxic materials), and grade in order to restore the approximate
      original contour of the land with all highwalls, spoil piles, and
      depressions eliminated (unless small depressions are needed in
      order to retain moisture to assist revegetation or as otherwise
      authorized pursuant to this chapter): Provided, however, That in
      surface coal mining which is carried out at the same location
      over a substantial period of time where the operation transects
      the coal deposit, and the thickness of the coal deposits relative
      to the volume of the overburden is large and where the operator
      demonstrates that the overburden and other spoil and waste
      materials at a particular point in the permit area or otherwise
      available from the entire permit area is insufficient, giving due
      consideration to volumetric expansion, to restore the approximate
      original contour, the operator, at a minimum, shall backfill,
      grade, and compact (where advisable) using all available
      overburden and other spoil and waste materials to attain the
      lowest practicable grade but not more than the angle of repose,
      to provide adequate drainage and to cover all acid-forming and
      other toxic materials, in order to achieve an ecologically sound
      land use compatible with the surrounding region: And provided
      further, That in surface coal mining where the volume of
      overburden is large relative to the thickness of the coal deposit
      and where the operator demonstrates that due to volumetric
      expansion the amount of overburden and other spoil and waste
      materials removed in the course of the mining operation is more
      than sufficient to restore the approximate original contour, the
      operator shall after restoring the approximate contour, backfill,
      grade, and compact (where advisable) the excess overburden and
      other spoil and waste materials to attain the lowest grade but
      not more than the angle of repose, and to cover all acid-forming
      and other toxic materials, in order to achieve an ecologically
      sound land use compatible with the surrounding region and that
      such overburden or spoil shall be shaped and graded in such a way
      as to prevent slides, erosion, and water pollution and is
      revegetated in accordance with the requirements of this chapter;
        (4) stabilize and protect all surface areas including spoil
      piles affected by the surface coal mining and reclamation
      operation to effectively control erosion and attendant air and
      water pollution;
        (5) remove the topsoil from the land in a separate layer,
      replace it on the backfill area, or if not utilized immediately,
      segregate it in a separate pile from other spoil and when the
      topsoil is not replaced on a backfill area within a time short
      enough to avoid deterioration of the topsoil, maintain a
      successful cover by quick growing plant or other means thereafter
      so that the topsoil is preserved from wind and water erosion,
      remains free of any contamination by other acid or toxic
      material, and is in a usable condition for sustaining vegetation
      when restored during reclamation, except if topsoil is of
      insufficient quantity or of poor quality for sustaining
      vegetation, or if other strata can be shown to be more suitable
      for vegetation requirements, then the operator shall remove,
      segregate, and preserve in a like manner such other strata which
      is best able to support vegetation;
        (6) restore the topsoil or the best available subsoil which is
      best able to support vegetation;
        (7) for all prime farm lands as identified in section
      1257(b)(16) of this title to be mined and reclaimed,
      specifications for soil removal, storage, replacement, and
      reconstruction shall be established by the Secretary of
      Agriculture, and the operator shall, as a minimum, be required to
      - 
          (A) segregate the A horizon of the natural soil, except where
        it can be shown that other available soil materials will create
        a final soil having a greater productive capacity; and if not
        utilized immediately, stockpile this material separately from
        other spoil, and provide needed protection from wind and water
        erosion or contamination by other acid or toxic material;
          (B) segregate the B horizon of the natural soil, or
        underlying C horizons or other strata, or a combination of such
        horizons or other strata that are shown to be both texturally
        and chemically suitable for plant growth and that can be shown
        to be equally or more favorable for plant growth than the B
        horizon, in sufficient quantities to create in the regraded
        final soil a root zone of comparable depth and quality to that
        which existed in the natural soil; and if not utilized
        immediately, stockpile this material separately from other
        spoil, and provide needed protection from wind and water
        erosion or contamination by other acid or toxic material;
          (C) replace and regrade the root zone material described in
        (B) above with proper compaction and uniform depth over the
        regraded spoil material; and
          (D) redistribute and grade in a uniform manner the surface
        soil horizon described in subparagraph (A);

        (8) create, if authorized in the approved mining and
      reclamation plan and permit, permanent impoundments of water on
      mining sites as part of reclamation activities only when it is
      adequately demonstrated that - 
          (A) the size of the impoundment is adequate for its intended
        purposes;
          (B) the impoundment dam construction will be so designed as
        to achieve necessary stability with an adequate margin of
        safety compatible with that of structures constructed under
        Public Law 83-566 (16 U.S.C. 1006);
          (C) the quality of impounded water will be suitable on a
        permanent basis for its intended use and that discharges from
        the impoundment will not degrade the water quality below water
        quality standards established pursuant to applicable Federal
        and State law in the receiving stream;
          (D) the level of water will be reasonably stable;
          (E) final grading will provide adequate safety and access for
        proposed water users; and
          (F) such water impoundments will not result in the diminution
        of the quality or quantity of water utilized by adjacent or
        surrounding landowners for agricultural, industrial (!1)
        recreational, or domestic uses;

        (9) conducting (!2) any augering operation associated with
      surface mining in a manner to maximize recoverability of mineral
      reserves remaining after the operation and reclamation are
      complete; and seal all auger holes with an impervious and
      noncombustible material in order to prevent drainage except where
      the regulatory authority determines that the resulting
      impoundment of water in such auger holes may create a hazard to
      the environment or the public health or safety: Provided, That
      the permitting authority may prohibit augering if necessary to
      maximize the utilization, recoverability or conservation of the
      solid fuel resources or to protect against adverse water quality
      impacts;

        (10) minimize the disturbances to the prevailing hydrologic
      balance at the mine-site and in associated offsite areas and to
      the quality and quantity of water in surface and ground water
      systems both during and after surface coal mining operations and
      during reclamation by - 
          (A) avoiding acid or other toxic mine drainage by such
        measures as, but not limited to - 
            (i) preventing or removing water from contact with toxic
          producing deposits;
            (ii) treating drainage to reduce toxic content which
          adversely affects downstream water upon being released to
          water courses;
            (iii) casing, sealing, or otherwise managing boreholes,
          shafts, and wells and keep (!3) acid or other toxic drainage
          from entering ground and surface waters;

          (B)(i) conducting surface coal mining operations so as to
        prevent, to the extent possible using the best technology
        currently available, additional contributions of suspended
        solids to streamflow, or runoff outside the permit area, but in
        no event shall contributions be in excess of requirements set
        by applicable State or Federal law;
          (ii) constructing any siltation structures pursuant to
        subparagraph (B)(i) of this subsection prior to commencement of
        surface coal mining operations, such structures to be certified
        by a qualified registered engineer or a qualified registered
        professional land surveyor in any State which authorizes land
        surveyors to prepare and certify such maps or plans to be
        constructed as designed and as approved in the reclamation
        plan;
          (C) cleaning out and removing temporary or large settling
        ponds or other siltation structures from drainways after
        disturbed areas are revegetated and stabilized; and depositing
        the silt and debris at a site and in a manner approved by the
        regulatory authority;
          (D) restoring recharge capacity of the mined area to
        approximate premining conditions;
          (E) avoiding channel deepening or enlargement in operations
        requiring the discharge of water from mines;
          (F) preserving throughout the mining and reclamation process
        the essential hydrologic functions of alluvial valley floors in
        the arid and semiarid areas of the country; and
          (G) such other actions as the regulatory authority may
        prescribe;

        (11) with respect to surface disposal of mine wastes, tailings,
      coal processing wastes, and other wastes in areas other than the
      mine working or excavations, stabilize all waste piles in
      designated areas through construction in compacted layers
      including the use of incombustible and impervious materials if
      necessary and assure the final contour of the waste pile will be
      compatible with natural surroundings and that the site can and
      will be stabilized and revegetated according to the provisions of
      this chapter;
        (12) refrain from surface coal mining within five hundred feet
      from active and abandoned underground mines in order to prevent
      breakthroughs and to protect health or safety of miners:
      Provided, That the regulatory authority shall permit an operator
      to mine near, through or partially through an abandoned
      underground mine or closer to an active underground mine if (A)
      the nature, timing, and sequencing of the approximate coincidence
      of specific surface mine activities with specific underground
      mine activities are jointly approved by the regulatory
      authorities concerned with surface mine regulation and the health
      and safety of underground miners, and (B) such operations will
      result in improved resource recovery, abatement of water
      pollution, or elimination of hazards to the health and safety of
      the public;
        (13) design, locate, construct, operate, maintain, enlarge,
      modify, and remove or abandon, in accordance with the standards
      and criteria developed pursuant to subsection (f) of this
      section, all existing and new coal mine waste piles consisting of
      mine wastes, tailings, coal processing wastes, or other liquid
      and solid wastes, and used either temporarily or permanently as
      dams or embankments;
        (14) insure that all debris, acid-forming materials, toxic
      materials, or materials constituting a fire hazard are treated or
      buried and compacted or otherwise disposed of in a manner
      designed to prevent contamination of ground or surface waters and
      that contingency plans are developed to prevent sustained
      combustion;
        (15) insure that explosives are used only in accordance with
      existing State and Federal law and the regulations promulgated by
      the regulatory authority, which shall include provisions to - 
          (A) provide adequate advance written notice to local
        governments and residents who might be affected by the use of
        such explosives by publication of the planned blasting schedule
        in a newspaper of general circulation in the locality and by
        mailing a copy of the proposed blasting schedule to every
        resident living within one-half mile of the proposed blasting
        site and by providing daily notice to resident/occupiers in
        such areas prior to any blasting;
          (B) maintain for a period of at least three years and make
        available for public inspection upon request a log detailing
        the location of the blasts, the pattern and depth of the drill
        holes, the amount of explosives used per hole, and the order
        and length of delay in the blasts;
          (C) limit the type of explosives and detonating equipment,
        the size, the timing and frequency of blasts based upon the
        physical conditions of the site so as to prevent (i) injury to
        persons, (ii) damage to public and private property outside the
        permit area, (iii) adverse impacts on any underground mine, and
        (iv) change in the course, channel, or availability of ground
        or surface water outside the permit area;
          (D) require that all blasting operations be conducted by
        trained and competent persons as certified by the regulatory
        authority;
          (E) provide that upon the request of a resident or owner of a
        man-made dwelling or structure within one-half mile of any
        portion of the permitted area the applicant or permittee shall
        conduct a pre-blasting survey of such structures and submit the
        survey to the regulatory authority and a copy to the resident
        or owner making the request. The area of the survey shall be
        decided by the regulatory authority and shall include such
        provisions as the Secretary shall promulgate.

        (16) insure that all reclamation efforts proceed in an
      environmentally sound manner and as contemporaneously as
      practicable with the surface coal mining operations: Provided,
      however, That where the applicant proposes to combine surface
      mining operations with underground mining operations to assure
      maximum practical recovery of the mineral resources, the
      regulatory authority may grant a variance for specific areas
      within the reclamation plan from the requirement that reclamation
      efforts proceed as contemporaneously as practicable to permit
      underground mining operations prior to reclamation:
          (A) if the regulatory authority finds in writing that:
            (i) the applicant has presented, as part of the permit
          application, specific, feasible plans for the proposed
          underground mining operations;
            (ii) the proposed underground mining operations are
          necessary or desirable to assure maximum practical recovery
          of the mineral resource and will avoid multiple disturbance
          of the surface;
            (iii) the applicant has satisfactorily demonstrated that
          the plan for the underground mining operations conforms to
          requirements for underground mining in the jurisdiction and
          that permits necessary for the underground mining operations
          have been issued by the appropriate authority;
            (iv) the areas proposed for the variance have been shown by
          the applicant to be necessary for the implementing of the
          proposed underground mining operations;
            (v) no substantial adverse environmental damage, either on-
          site or off-site, will result from the delay in completion
          of reclamation as required by this chapter;
            (vi) provisions for the off-site storage of spoil will
          comply with paragraph (22);

          (B) if the Secretary has promulgated specific regulations to
        govern the granting of such variances in accordance with the
        provisions of this subsection and section 1251 of this title,
        and has imposed such additional requirements as he deems
        necessary;
          (C) if variances granted under the provisions of this
        subsection are to be reviewed by the regulatory authority not
        more than three years from the date of issuance of the permit;
        and
          (D) if liability under the bond filed by the applicant with
        the regulatory authority pursuant to section 1259(b) of this
        title shall be for the duration of the underground mining
        operations and until the requirements of this subsection and
        section 1269 of this title have been fully complied with.(!4)

        (17) insure that the construction, maintenance, and postmining
      conditions of access roads into and across the site of operations
      will control or prevent erosion and siltation, pollution of
      water, damage to fish or wildlife or their habitat, or public or
      private property;
        (18) refrain from the construction of roads or other access
      ways up a stream bed or drainage channel or in such proximity to
      such channel so as to seriously alter the normal flow of water;
        (19) establish on the regraded areas, and all other lands
      affected, a diverse, effective, and permanent vegetative cover of
      the same seasonal variety native to the area of land to be
      affected and capable of self-regeneration and plant succession at
      least equal in extent of cover to the natural vegetation of the
      area; except, that introduced species may be used in the
      revegetation process where desirable and necessary to achieve the
      approved postmining land use plan;
        (20)(A) assume the responsibility for successful revegetation,
      as required by paragraph (19) above, for a period of five full
      years after the last year of augmented seeding, fertilizing,
      irrigation, or other work in order to assure compliance with
      paragraph (19) above, except in those areas or regions of the
      country where the annual average precipitation is twenty-six
      inches or less, then the operator's assumption of responsibility
      and liability will extend for a period of ten full years after
      the last year of augmented seeding, fertilizing, irrigation, or
      other work: Provided, That when the regulatory authority approves
      a long-term intensive agricultural postmining land use, the
      applicable five- or ten-year period of responsibility for
      revegetation shall commence at the date of initial planting for
      such long-term intensive agricultural postmining land use:
      Provided further, That when the regulatory authority issues a
      written finding approving a long-term, intensive, agricultural
      postmining land use as part of the mining and reclamation plan,
      the authority may grant exception to the provisions of paragraph
      (19) above;
        (B) on lands eligible for remining assume the responsibility
      for successful revegetation for a period of two full years after
      the last year of augmented seeding, fertilizing, irrigation, or
      other work in order to assure compliance with the applicable
      standards, except in those areas or regions of the country where
      the annual average precipitation is twenty-six inches or less,
      then the operator's assumption of responsibility and liability
      will be extended for a period of five full years after the last
      year of augmented seeding, fertilizing, irrigation, or other work
      in order to assure compliance with the applicable standards.(!5)

        (21) protect offsite areas from slides or damage occurring
      during the surface coal mining and reclamation operations, and
      not deposit spoil material or locate any part of the operations
      or waste accumulations outside the permit area;
        (22) place all excess spoil material resulting from coal
      surface mining and reclamation activities in such a manner that -
      
          (A) spoil is transported and placed in a controlled manner in
        position for concurrent compaction and in such a way to assure
        mass stability and to prevent mass movement;
          (B) the areas of disposal are within the bonded permit areas
        and all organic matter shall be removed immediately prior to
        spoil placement;
          (C) appropriate surface and internal drainage systems and
        diversion ditches are used so as to prevent spoil erosion and
        movement;
          (D) the disposal area does not contain springs, natural water
        courses or wet weather seeps unless lateral drains are
        constructed from the wet areas to the main underdrains in such
        a manner that filtration of the water into the spoil pile will
        be prevented;
          (E) if placed on a slope, the spoil is placed upon the most
        moderate slope among those upon which, in the judgment of the
        regulatory authority, the spoil could be placed in compliance
        with all the requirements of this chapter, and shall be placed,
        where possible, upon, or above, a natural terrace, bench, or
        berm, if such placement provides additional stability and
        prevents mass movement;
          (F) where the toe of the spoil rests on a downslope, a rock
        toe buttress, of sufficient size to prevent mass movement, is
        constructed;
          (G) the final configuration is compatible with the natural
        drainage pattern and surroundings and suitable for intended
        uses;
          (H) design of the spoil disposal area is certified by a
        qualified registered professional engineer in conformance with
        professional standards; and
          (I) all other provisions of this chapter are met.(!6)

        (23) meet such other criteria as are necessary to achieve
      reclamation in accordance with the purposes of this chapter,
      taking into consideration the physical, climatological, and other
      characteristics of the site; and (!7)

        (24) to the extent possible using the best technology currently
      available, minimize disturbances and adverse impacts of the
      operation on fish, wildlife, and related environmental values,
      and achieve enhancement of such resources where practicable;
        (25) provide for an undisturbed natural barrier beginning at
      the elevation of the lowest coal seam to be mined and extending
      from the outslope for such distance as the regulatory authority
      shall determine shall be retained in place as a barrier to slides
      and erosion.
    (c) Procedures; exception to original contour restoration
      requirements
      (1) Each State program may and each Federal program shall include
    procedures pursuant to which the regulatory authority may permit
    surface mining operations for the purposes set forth in paragraph
    (3) of this subsection.
      (2) Where an applicant meets the requirements of paragraphs (3)
    and (4) of this subsection a permit without regard to the
    requirement to restore to approximate original contour set forth in
    subsection (b)(3) or (d)(2) and (3) of this section may be granted
    for the surface mining of coal where the mining operation will
    remove an entire coal seam or seams running through the upper
    fraction of a mountain, ridge, or hill (except as provided in
    subsection (c)(4)(A) hereof) by removing all of the overburden and
    creating a level plateau or a gently rolling contour with no
    highwalls remaining, and capable of supporting postmining uses in
    accord with the requirements of this subsection.
      (3) In cases where an industrial, commercial, agricultural,
    residential or public facility (including recreational facilities)
    use is proposed or (!8) the postmining use of the affected land,
    the regulatory authority may grant a permit for a surface mining
    operation of the nature described in subsection (c)(2) of this
    section where - 

        (A) after consultation with the appropriate land use planning
      agencies, if any, the proposed postmining land use is deemed to
      constitute an equal or better economic or public use of the
      affected land, as compared with premining use;
        (B) the applicant presents specific plans for the proposed
      postmining land use and appropriate assurances that such use will
      be - 
          (i) compatible with adjacent land uses;
          (ii) obtainable according to data regarding expected need and
        market;
          (iii) assured of investment in necessary public facilities;
          (iv) supported by commitments from public agencies where
        appropriate;
          (v) practicable with respect to private financial capability
        for completion of the proposed use;
          (vi) planned pursuant to a schedule attached to the
        reclamation plan so as to integrate the mining operation and
        reclamation with the postmining land use; and
          (vii) designed by a registered engineer in conformance with
        professional standards established to assure the stability,
        drainage, and configuration necessary for the intended use of
        the site;

        (C) the proposed use would be consistent with adjacent land
      uses, and existing State and local land use plans and programs;
        (D) the regulatory authority provides the governing body of the
      unit of general-purpose government in which the land is located
      and any State or Federal agency which the regulatory agency, in
      its discretion, determines to have an interest in the proposed
      use, an opportunity of not more than sixty days to review and
      comment on the proposed use;
        (E) all other requirements of this chapter will be met.

      (4) In granting any permit pursuant to this subsection the
    regulatory authority shall require that - 
        (A) the toe of the lowest coal seam and the overburden
      associated with it are retained in place as a barrier to slides
      and erosion;
        (B) the reclaimed area is stable;
        (C) the resulting plateau or rolling contour drains inward from
      the outslopes except at specified points;
        (D) no damage will be done to natural watercourses;
        (E) spoil will be placed on the mountaintop bench as is
      necessary to achieve the planned postmining land use: Provided,
      That all excess spoil material not retained on the mountaintop
      shall be placed in accordance with the provisions of subsection
      (b)(22) of this section;
        (F) insure stability of the spoil retained on the mountaintop
      and meet the other requirements of this chapter; (!9)

      (5) The regulatory authority shall promulgate specific
    regulations to govern the granting of permits in accord with the
    provisions of this subsection, and may impose such additional
    requirements as he deems to be necessary.
      (6) All permits granted under the provisions of this subsection
    shall be reviewed not more than three years from the date of
    issuance of the permit, unless the applicant affirmatively
    demonstrates that the proposed development is proceeding in
    accordance with the terms of the approved schedule and reclamation
    plan.
    (d) Steep-slope surface coal mining standards
      The following performance standards shall be applicable to steep-
    slope surface coal mining and shall be in addition to those
    general performance standards required by this section: Provided,
    however, That the provisions of this subsection (d) shall not apply
    to those situations in which an operator is mining on flat or
    gently rolling terrain, on which an occasional steep slope is
    encountered through which the mining operation is to proceed,
    leaving a plain or predominantly flat area or where an operator is
    in compliance with provisions of subsection (c) hereof:
      (1) Insure that when performing surface coal mining on steep
    slopes, no debris, abandoned or disabled equipment, spoil material,
    or waste mineral matter be placed on the downslope below the bench
    or mining cut: Provided, That spoil material in excess of that
    required for the reconstruction of the approximate original contour
    under the provisions of subsection (b)(3) or (d)(2) of this section
    shall be permanently stored pursuant to subsection (b)(22) of this
    section.
      (2) Complete backfilling with spoil material shall be required to
    cover completely the highwall and return the site to the
    appropriate original contour, which material will maintain
    stability following mining and reclamation.
      (3) The operator may not disturb land above the top of the
    highwall unless the regulatory authority finds that such
    disturbance will facilitate compliance with the environmental
    protection standards of this section: Provided, however, That the
    land disturbed above the highwall shall be limited to that amount
    necessary to facilitate said compliance.
      (4) For the purposes of this subsection (d), the term "steep
    slope" is any slope above twenty degrees or such lesser slope as
    may be defined by the regulatory authority after consideration of
    soil, climate, and other characteristics of a region or State.
    (e) Variances to original contour restoration requirements
      (1) Each State program may and each Federal program shall include
    procedures pursuant to which the regulatory authority may permit
    variances for the purposes set forth in paragraph (3) of this
    subsection, provided that the watershed control of the area is
    improved; and further provided complete backfilling with spoil
    material shall be required to cover completely the highwall which
    material will maintain stability following mining and reclamation.
      (2) Where an applicant meets the requirements of paragraphs (3)
    and (4) of this subsection a variance from the requirement to
    restore to approximate original contour set forth in subsection
    (d)(2) of this section may be granted for the surface mining of
    coal where the owner of the surface knowingly requests in writing,
    as a part of the permit application that such a variance be granted
    so as to render the land, after reclamation, suitable for an
    industrial, commercial, residential, or public use (including
    recreational facilities) in accord with the further provisions of
    (3) and (4) of this subsection.
      (3)(A) After consultation with the appropriate land use planning
    agencies, if any, the potential use of the affected land is deemed
    to constitute an equal or better economic or public use;
      (B) is designed and certified by a qualified registered
    professional engineer in conformance with professional standards
    established to assure the stability, drainage, and configuration
    necessary for the intended use of the site; and
      (C) after approval of the appropriate State environmental
    agencies, the watershed of the affected land is deemed to be
    improved.
      (4) In granting a variance pursuant to this subsection the
    regulatory authority shall require that only such amount of spoil
    will be placed off the mine bench as is necessary to achieve the
    planned postmining land use, insure stability of the spoil retained
    on the bench, meet all other requirements of this chapter, and all
    spoil placement off the mine bench must comply with subsection
    (b)(22) of this section.
      (5) The regulatory authority shall promulgate specific
    regulations to govern the granting of variances in accord with the
    provisions of this subsection, and may impose such additional
    requirements as he deems to be necessary.
      (6) All exceptions granted under the provisions of this
    subsection shall be reviewed not more than three years from the
    date of issuance of the permit, unless the permittee affirmatively
    demonstrates that the proposed development is proceeding in
    accordance with the terms of the reclamation plan.
    (f) Standards and criteria for coal mine waste piles
      The Secretary, with the written concurrence of the Chief of
    Engineers, shall establish within one hundred and thirty-five days
    from August 3, 1977, standards and criteria regulating the design,
    location, construction, operation, maintenance, enlargement,
    modification, removal, and abandonment of new and existing coal
    mine waste piles referred to in subsection (b)(13) of this section
    and section 1266(b)(5) of this title. Such standards and criteria
    shall conform to the standards and criteria used by the Chief of
    Engineers to insure that flood control structures are safe and
    effectively perform their intended function. In addition to
    engineering and other technical specifications the standards and
    criteria developed pursuant to this subsection must include
    provisions for: review and approval of plans and specifications
    prior to construction, enlargement, modification, removal, or
    abandonment; performance of periodic inspections during
    construction; issuance of certificates of approval upon completion
    of construction; performance of periodic safety inspections; and
    issuance of notices for required remedial or maintenance work.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 515, Aug. 3, 1977, 91 Stat. 486; Pub.
    L. 99-500, Sec. 101(h) [title I, Sec. 123], Oct. 18, 1986, 100
    Stat. 1783-242, 1783-267, and Pub. L. 99-591, Sec. 101(h) [title I,
    Sec. 123], Oct. 30, 1986, 100 Stat. 3341-242, 3341-267; Pub. L. 102-
    486, title XXV, Sec. 2503(b), Oct. 24, 1992, 106 Stat. 3102.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 83-566, referred to in subsec. (b)(8)(B), is act Aug.
    4, 1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed
    Protection and Flood Prevention Act, which is classified generally
    to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of Title 16 and Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(20). Pub. L. 102-486 designated existing
    provisions as subpar. (A) and added subpar. (B).
      1986 - Subsec. (b)(10)(B)(ii). Pub. L. 99-500 and Pub. L. 99-591
    inserted "or a qualified registered professional land surveyor in
    any State which authorizes land surveyors to prepare and certify
    such maps or plans".

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) So in original. Probably should be "conduct".

    (!3) So in original. Probably should be "keeping".

               

    (!4) So in original. The period probably should be a semicolon.

               

    (!5) So in original. The period probably should be a semicolon.

               

    (!6) So in original. The period probably should be a semicolon.

               

    (!7) So in original. The word "and" probably should appear at
         end of par. (24).

    (!8) So in original. Probably should be "for".

               

    (!9) So in original. The semicolon probably should be a period.

-End-

-CITE-
    30 USC Sec. 1266                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1266. Surface effects of underground coal mining operations

-STATUTE-
    (a) Rules and regulations
      The Secretary shall promulgate rules and regulations directed
    toward the surface effects of underground coal mining operations,
    embodying the following requirements and in accordance with the
    procedures established under section 1251 of this title: Provided,
    however, That in adopting any rules and regulations the Secretary
    shall consider the distinct difference between surface coal mining
    and underground coal mining. Such rules and regulations shall not
    conflict with nor supersede any provision of the Federal Coal Mine
    Health and Safety Act of 1969 [30 U.S.C. 801 et seq.] nor any
    regulation issued pursuant thereto, and shall not be promulgated
    until the Secretary has obtained the written concurrence of the
    head of the department which administers such Act.
    (b) Permit requirements
      Each permit issued under any approved State or Federal program
    pursuant to this chapter and relating to underground coal mining
    shall require the operator to - 
        (1) adopt measures consistent with known technology in order to
      prevent subsidence causing material damage to the extent
      technologically and economically feasible, maximize mine
      stability, and maintain the value and reasonably foreseeable use
      of such surface lands, except in those instances where the mining
      technology used requires planned subsidence in a predictable and
      controlled manner: Provided, That nothing in this subsection
      shall be construed to prohibit the standard method of room and
      pillar mining;
        (2) seal all portals, entryways, drifts, shafts, or other
      openings between the surface and underground mine working when no
      longer needed for the conduct of the mining operations;
        (3) fill or seal exploratory holes no longer necessary for
      mining, maximizing to the extent technologically and economically
      feasible return of mine and processing waste, tailings, and any
      other waste incident to the mining operation, to the mine
      workings or excavations;
        (4) with respect to surface disposal of mine wastes, tailings,
      coal processing wastes, and other wastes in areas other than the
      mine workings or excavations, stabilize all waste piles created
      by the permittee from current operations through construction in
      compacted layers including the use of incombustible and
      impervious materials if necessary and assure that the leachate
      will not degrade below water quality standards established
      pursuant to applicable Federal and State law surface or ground
      waters and that the final contour of the waste accumulation will
      be compatible with natural surroundings and that the site is
      stabilized and revegetated according to the provisions of this
      section;
        (5) design, locate, construct, operate, maintain, enlarge,
      modify, and remove, or abandon, in accordance with the standards
      and criteria developed pursuant to section 1265(f) of this title,
      all existing and new coal mine waste piles consisting of mine
      wastes, tailings, coal processing wastes, or other liquid and
      solid wastes and used either temporarily or permanently as dams
      or embankments;
        (6) establish on regraded areas and all other lands affected, a
      diverse and permanent vegetative cover capable of self-
      regeneration and plant succession and at least equal in extent
      of cover to the natural vegetation of the area;
        (7) protect offsite areas from damages which may result from
      such mining operations;
        (8) eliminate fire hazards and otherwise eliminate conditions
      which constitute a hazard to health and safety of the public;
        (9) minimize the disturbances of the prevailing hydrologic
      balance at the minesite and in associated offsite areas and to
      the quantity of water in surface ground water systems both during
      and after coal mining operations and during reclamation by - 
          (A) avoiding acid or other toxic mine drainage by such
        measures as, but not limited to - 
            (i) preventing or removing water from contact with toxic
          producing deposits;
            (ii) treating drainage to reduce toxic content which
          adversely affects downstream water upon being released to
          water courses;
            (iii) casing, sealing, or otherwise managing boreholes,
          shafts, and wells to keep acid or other toxic drainage from
          entering ground and surface waters; and

          (B) conducting surface coal mining operations so as to
        prevent, to the extent possible using the best technology
        currently available, additional contributions of suspended
        solids to streamflow or runoff outside the permit area (but in
        no event shall such contributions be in excess of requirements
        set by applicable State or Federal law), and avoiding channel
        deepening or enlargement in operations requiring the discharge
        of water from mines;

        (10) with respect to other surface impacts not specified in
      this subsection including the construction of new roads or the
      improvement or use of existing roads to gain access to the site
      of such activities and for haulage, repair areas, storage areas,
      processing areas, shipping areas, and other areas upon which are
      sited structures, facilities, or other property or materials on
      the surface, resulting from or incident to such activities,
      operate in accordance with the standards established under
      section 1265 of this title for such effects which result from
      surface coal mining operations: Provided, That the Secretary
      shall make such modifications in the requirements imposed by this
      paragraph as are necessary to accommodate the distinct difference
      between surface and underground coal mining;
        (11) to the extent possible using the best technology currently
      available, minimize disturbances and adverse impacts of the
      operation on fish, wildlife, and related environmental values,
      and achieve enhancement of such resources where practicable;
        (12) locate openings for all new drift mines working acid-
      producing or iron-producing coal seams in such a manner as to
      prevent a gravity discharge of water from the mine.
    (c) Suspension of underground coal mining operations in urbanized
      areas
      In order to protect the stability of the land, the regulatory
    authority shall suspend underground coal mining under urbanized
    areas, cities, towns, and communities and adjacent to industrial or
    commercial buildings, major impoundments, or permanent streams if
    he finds imminent danger to inhabitants of the urbanized areas,
    cities, towns, and communities.
    (d) Applicability of this subchapter to surface operations and
      surface impacts incident to underground coal mining operations
      The provisions of this subchapter relating to State and Federal
    programs, permits, bonds, inspections and enforcement, public
    review, and administrative and judicial review shall be applicable
    to surface operations and surface impacts incident to an
    underground coal mine with such modifications to the permit
    application requirements, permit approval or denial procedures, and
    bond requirements as are necessary to accommodate the distinct
    difference between surface and underground coal mining. The
    Secretary shall promulgate such modifications in accordance with
    the rulemaking procedure established in section 1251 of this title.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 516, Aug. 3, 1977, 91 Stat. 495.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in subsec. (a), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
    amended, which was redesignated the Federal Mine Safety and Health
    Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91
    Stat. 1290, and is classified principally to chapter 22 (Sec. 801
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 801 of this
    title and Tables.

-End-

-CITE-
    30 USC Sec. 1267                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1267. Inspections and monitoring

-STATUTE-
    (a) Inspections of surface coal mining and reclamation operations
      The Secretary shall cause to be made such inspections of any
    surface coal mining and reclamation operations as are necessary to
    evaluate the administration of approved State programs, or to
    develop or enforce any Federal program, and for such purposes
    authorized representatives of the Secretary shall have a right of
    entry to, upon, or through any surface coal mining and reclamation
    operations.
    (b) Records and reports; monitoring systems; evaluation of results
      For the purpose of developing or assisting in the development,
    administration, and enforcement of any approved State or Federal
    program under this chapter or in the administration and enforcement
    of any permit under this chapter, or of determining whether any
    person is in violation of any requirement of any such State or
    Federal program or any other requirement of this chapter - 
        (1) the regulatory authority shall require any permittee to (A)
      establish and maintain appropriate records, (B) make monthly
      reports to the regulatory authority, (C) install, use, and
      maintain any necessary monitoring equipment or methods, (D)
      evaluate results in accordance with such methods, at such
      locations, intervals, and in such manner as a regulatory
      authority shall prescribe, and (E) provide such other information
      relative to surface coal mining and reclamation operations as the
      regulatory authority deems reasonable and necessary;
        (2) for those surface coal mining and reclamation operations
      which remove or disturb strata that serve as aquifers which
      significantly insure the hydrologic balance of water use either
      on or off the mining site, the regulatory authority shall specify
      those - 
          (A) monitoring sites to record the quantity and quality of
        surface drainage above and below the minesite as well as in the
        potential zone of influence;
          (B) monitoring sites to record level, amount, and samples of
        ground water and aquifers potentially affected by the mining
        and also directly below the lowermost (deepest) coal seam to be
        mined;
          (C) records of well logs and borehole data to be maintained;
        and
          (D) monitoring sites to record precipitation.

      The monitoring data collection and analysis required by this
      section shall be conducted according to standards and procedures
      set forth by the regulatory authority in order to assure their
      reliability and validity; and
        (3) the authorized representatives of the regulatory authority,
      without advance notice and upon presentation of appropriate
      credentials (A) shall have the right of entry to, upon, or
      through any surface coal mining and reclamation operations or any
      premises in which any records required to be maintained under
      paragraph (1) of this subsection are located; and (B) may at
      reasonable times, and without delay, have access to and copy any
      records, inspect any monitoring equipment or method of operation
      required under this chapter.
    (c) Inspection intervals
      The inspections by the regulatory authority shall (1) occur on an
    irregular basis averaging not less than one partial inspection per
    month and one complete inspection per calendar quarter for the
    surface coal mining and reclamation operation covered by each
    permit; (2) occur without prior notice to the permittee or his
    agents or employees except for necessary onsite meetings with the
    permittee; and (3) include the filing of inspection reports
    adequate to enforce the requirements of and to carry out the terms
    and purposes of this chapter.
    (d) Maintenance of sign
      Each permittee shall conspicuously maintain at the entrances to
    the surface coal mining and reclamation operations a clearly
    visible sign which sets forth the name, business address, and phone
    number of the permittee and the permit number of the surface coal
    mining and reclamation operations.
    (e) Violations
      Each inspector, upon detection of each violation of any
    requirement of any State or Federal program or of this chapter,
    shall forthwith inform the operator in writing, and shall report in
    writing any such violation to the regulatory authority.
    (f) Availability of information to public
      Copies of any records, reports, inspection materials, or
    information obtained under this subchapter by the regulatory
    authority shall be made immediately available to the public at
    central and sufficient locations in the county, multicounty, and
    State area of mining so that they are conveniently available to
    residents in the areas of mining.
    (g) Conflict of interest; penalty; publication of regulations;
      report to Congress
      No employee of the State regulatory authority performing any
    function or duty under this chapter shall have a direct or indirect
    financial interest in any underground or surface coal mining
    operation. Whoever knowingly violates the provisions of this
    subsection shall, upon conviction, be punished by a fine of not
    more than $2,500, or by imprisonment of not more than one year, or
    by both. The Secretary shall (1) within sixty days after August 3,
    1977, publish in the Federal Register, in accordance with section
    553 of title 5, regulations to establish methods by which the
    provisions of this subsection will be monitored and enforced by the
    Secretary and such State regulatory authority, including
    appropriate provisions for the filing by such employees and the
    review of statements and supplements thereto concerning any
    financial interest which may be affected by this subsection, and
    (2) report to the Congress as part of the Annual Report (section
    1296 of this title) on actions taken and not taken during the
    preceding year under this subsection.
    (h) Review; procedures for inspections
      (1) Any person who is or may be adversely affected by a surface
    mining operation may notify the Secretary or any representative of
    the Secretary responsible for conducting the inspection, in
    writing, of any violation of this chapter which he has reason to
    believe exists at the surface mining site. The Secretary shall, by
    regulation, establish procedures for informal review of any refusal
    by a representative of the Secretary to issue a citation with
    respect to any such alleged violation. The Secretary shall furnish
    such persons requesting the review a written statement of the
    reasons for the Secretary's final disposition of the case.
      (2) The Secretary shall also, by regulation, establish procedures
    to insure that adequate and complete inspections are made. Any such
    person may notify the Secretary of any failure to make such
    inspections, after which the Secretary shall determine whether
    adequate and complete inspections have been made. The Secretary
    shall furnish such persons a written statement of the reasons for
    the Secretary's determination that adequate and complete
    inspections have or have not been conducted.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 517, Aug. 3, 1977, 91 Stat. 498.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (g) of this section relating to requirement to report to Congress
    on actions taken and not taken under subsec. (g), see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance, and page 109 of House Document No.
    103-7.

-End-

-CITE-
    30 USC Sec. 1268                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1268. Penalties

-STATUTE-
    (a) Civil penalties for violations of permit conditions and
      provisions of this subchapter
      In the enforcement of a Federal program or Federal lands program,
    or during Federal enforcement pursuant to section 1252 of this
    title or during Federal enforcement of a State program pursuant to
    section 1271 of this title, any permittee who violates any permit
    condition or who violates any other provision of this subchapter,
    may be assessed a civil penalty by the Secretary, except that if
    such violation leads to the issuance of a cessation order under
    section 1271 of this title, the civil penalty shall be assessed.
    Such penalty shall not exceed $5,000 for each violation. Each day
    of continuing violation may be deemed a separate violation for
    purposes of penalty assessments. In determining the amount of the
    penalty, consideration shall be given to the permittee's history of
    previous violations at the particular surface coal mining
    operation; the seriousness of the violation, including any
    irreparable harm to the environment and any hazard to the health or
    safety of the public; whether the permittee was negligent; and the
    demonstrated good faith of the permittee charged in attempting to
    achieve rapid compliance after notification of the violation.
    (b) Hearing
      A civil penalty shall be assessed by the Secretary only after the
    person charged with a violation described under subsection (a) of
    this section has been given an opportunity for a public hearing.
    Where such a public hearing has been held, the Secretary shall make
    findings of fact, and he shall issue a written decision as to the
    occurrence of the violation and the amount of the penalty which is
    warranted, incorporating, when appropriate, an order therein
    requiring that the penalty be paid. When appropriate, the Secretary
    shall consolidate such hearings with other proceedings under
    section 1271 of this title. Any hearing under this section shall be
    of record and shall be subject to section 554 of title 5. Where the
    person charged with such a violation fails to avail himself of the
    opportunity for a public hearing, a civil penalty shall be assessed
    by the Secretary after the Secretary has determined that a
    violation did occur, and the amount of the penalty which is
    warranted, and has issued an order requiring that the penalty be
    paid.
    (c) Notice of violation; action required of violator; waiver of
      legal rights
      Upon the issuance of a notice or order charging that a violation
    of this chapter has occurred, the Secretary shall inform the
    operator within thirty days of the proposed amount of said penalty.
    The person charged with the penalty shall then have thirty days to
    pay the proposed penalty in full or, if the person wishes to
    contest either the amount of the penalty or the fact of the
    violation, forward the proposed amount to the Secretary for
    placement in an escrow account. If through administrative or
    judicial review of the proposed penalty, it is determined that no
    violation occurred, or that the amount of the penalty should be
    reduced, the Secretary shall within thirty days remit the
    appropriate amount to the person, with interest at the rate of 6
    percent, or at the prevailing Department of the Treasury rate,
    whichever is greater. Failure to forward the money to the Secretary
    within thirty days shall result in a waiver of all legal rights to
    contest the violation or the amount of the penalty.
    (d) Civil action to recover civil penalties
      Civil penalties owed under this chapter, may be recovered in a
    civil action brought by the Attorney General at the request of the
    Secretary in any appropriate district court of the United States.
    (e) Willful violations
      Any person who willfully and knowingly violates a condition of a
    permit issued pursuant to a Federal program, a Federal lands
    program or Federal enforcement pursuant to section 1252 of this
    title or during Federal enforcement of a State program pursuant to
    section 1271 of this title or fails or refuses to comply with any
    order issued under section 1271 or section 1276 of this title, or
    any order incorporated in a final decision issued by the Secretary
    under this chapter, except an order incorporated in a decision
    issued under subsection (b) of this section or section 1294 of this
    title, shall, upon conviction, be punished by a fine of not more
    than $10,000, or by imprisonment for not more than one year or
    both.
    (f) Corporate violations
      Whenever a corporate permittee violates a condition of a permit
    issued pursuant to a Federal program, a Federal lands program or
    Federal enforcement pursuant to section 1252 of this title or
    Federal enforcement of a State program pursuant to section 1271 of
    this title or fails or refuses to comply with any order issued
    under section 1271 of this title, or any order incorporated in a
    final decision issued by the Secretary under this chapter except an
    order incorporated in a decision issued under subsection (b) of
    this section or section 1293 of this title, any director, officer,
    or agent of such corporation who willfully and knowingly
    authorized, ordered, or carried out such violation, failure, or
    refusal shall be subject to the same civil penalties, fines, and
    imprisonment that may be imposed upon a person under subsections
    (a) and (e) of this section.
    (g) False statements, representations, or certifications
      Whoever knowingly makes any false statement, representation, or
    certification, or knowingly fails to make any statement,
    representation, or certification in any application, record,
    report, plant, or other document filed or required to be maintained
    pursuant to a Federal program or a Federal lands program or any
    order of decision issued by the Secretary under this chapter,
    shall, upon conviction, be punished by a fine of not more than
    $10,000, or by imprisonment for not more than one year or both.
    (h) Failure to correct violation
      Any operator who fails to correct a violation for which a
    citation has been issued under section 1271(a) of this title within
    the period permitted for its correction (which period shall not end
    until the entry of a final order by the Secretary, in the case of
    any review proceedings under section 1275 of this title initiated
    by the operator wherein the Secretary orders, after an expedited
    hearing, the suspension of the abatement requirements of the
    citation after determining that the operator will suffer
    irreparable loss or damage from the application of those
    requirements, or until the entry of an order of the court, in the
    case of any review proceedings under section 1276 of this title
    initiated by the operator wherein the court orders the suspension
    of the abatement requirements of the citation), shall be assessed a
    civil penalty of not less than $750 for each day during which such
    failure or violation continues.
    (i) Effect on additional enforcement right or procedure available
      under State law
      As a condition of approval of any State program submitted
    pursuant to section 1253 of this title, the civil and criminal
    penalty provisions thereof shall, at a minimum, incorporate
    penalties no less stringent than those set forth in this section,
    and shall contain the same or similar procedural requirements
    relating thereto. Nothing herein shall be construed so as to
    eliminate any additional enforcement right or procedures which are
    available under State law to a State regulatory authority but which
    are not specifically enumerated herein.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 518, Aug. 3, 1977, 91 Stat. 499.)

-End-

-CITE-
    30 USC Sec. 1269                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1269. Release of performance bonds or deposits

-STATUTE-
    (a) Filing of request; submittal of copy of advertisement;
      notification by letter of intent to seek release
      The permittee may file a request with the regulatory authority
    for the release of all or part of a performance bond or deposit.
    Within thirty days after any application for bond or deposit
    release has been filed with the regulatory authority, the operator
    shall submit a copy of an advertisement placed at least once a week
    for four successive weeks in a newspaper of general circulation in
    the locality of the surface coal mining operation. Such
    advertisement shall be considered part of any bond release
    application and shall contain a notification of the precise
    location of the land affected, the number of acres, the permit and
    the date approved, the amount of the bond filed and the portion
    sought to be released, and the type and appropriate dates of
    reclamation work performed, and a description of the results
    achieved as they relate to the operator's approved reclamation
    plan. In addition, as part of any bond release application, the
    applicant shall submit copies of letters which he has sent to
    adjoining property owners, local governmental bodies, planning
    agencies, and sewage and water treatment authorities, or water
    companies in the locality in which the surface coal mining and
    reclamation activities took place, notifying them of his intention
    to seek release from the bond.
    (b) Inspection and evaluation; notification of decision
      Upon receipt of the notification and request, the regulatory
    authority shall within thirty days conduct an inspection and
    evaluation of the reclamation work involved. Such evaluation shall
    consider, among other things, the degree of difficulty to complete
    any remaining reclamation, whether pollution of surface and
    subsurface water is occurring, the probability of continuance of
    future occurrence of such pollution, and the estimated cost of
    abating such pollution. The regulatory authority shall notify the
    permittee in writing of its decision to release or not to release
    all or part of the performance bond or deposit within sixty days
    from the filing of the request, if no public hearing is held
    pursuant to subsection (f) of this section, and if there has been a
    public hearing held pursuant to subsection (f) of this section,
    within thirty days thereafter.
    (c) Requirements for release
      The regulatory authority may release in whole or in part said
    bond or deposit if the authority is satisfied the reclamation
    covered by the bond or deposit or portion thereof has been
    accomplished as required by this chapter according to the following
    schedule:
        (1) When the operator completes the backfilling, regrading, and
      drainage control of a bonded area in accordance with his approved
      reclamation plan, the release of 60 per centum of the bond or
      collateral for the applicable permit area.
        (2) After revegetation has been established on the regraded
      mined lands in accordance with the approved reclamation plan.
      When determining the amount of bond to be released after
      successful revegetation has been established, the regulatory
      authority shall retain that amount of bond for the revegetated
      area which would be sufficient for a third party to cover the
      cost of reestablishing revegetation and for the period specified
      for operator responsibility in section 1265 of this title of
      reestablishing revegetation. No part of the bond or deposit shall
      be released under this paragraph so long as the lands to which
      the release would be applicable are contributing suspended solids
      to streamflow or runoff outside the permit area in excess of the
      requirements set by section 1265(b)(10) of this title or until
      soil productivity for prime farm lands has returned to equivalent
      levels of yield as nonmined land of the same soil type in the
      surrounding area under equivalent management practices as
      determined from the soil survey performed pursuant to section
      1257(b)(16) of this title. Where a silt dam is to be retained as
      a permanent impoundment pursuant to section 1265(b)(8) of this
      title, the portion of bond may be released under this paragraph
      so long as provisions for sound future maintenance by the
      operator or the landowner have been made with the regulatory
      authority.
        (3) When the operator has completed successfully all surface
      coal mining and reclamation activities, the release of the
      remaining portion of the bond, but not before the expiration of
      the period specified for operator responsibility in section 1265
      of this title: Provided, however, That no bond shall be fully
      released until all reclamation requirements of this chapter are
      fully met.
    (d) Notice of disapproval
      If the regulatory authority disapproves the application for
    release of the bond or portion thereof, the authority shall notify
    the permittee, in writing, stating the reasons for disapproval and
    recommending corrective actions necessary to secure said release
    and allowing opportunity for a public hearing.
    (e) Notice to municipality
      When any application for total or partial bond release is filed
    with the regulatory authority, the regulatory authority shall
    notify the municipality in which a surface coal mining operation is
    located by certified mail at least thirty days prior to the release
    of all or a portion of the bond.
    (f) Objections to release; hearing
      Any person with a valid legal interest which might be adversely
    affected by release of the bond or the responsible officer or head
    of any Federal, State, or local governmental agency which has
    jurisdiction by law or special expertise with respect to any
    environmental, social, or economic impact involved in the
    operation, or is authorized to develop and enforce environmental
    standards with respect to such operations shall have the right to
    file written objections to the proposed release from bond to the
    regulatory authority within thirty days after the last publication
    of the above notice. If written objections are filed, and a hearing
    requested, the regulatory authority shall inform all the interested
    parties, of the time and place of the hearing, and hold a public
    hearing in the locality of the surface coal mining operation
    proposed for bond release within thirty days of the request for
    such hearing. The date, time, and location of such public hearings
    shall be advertised by the regulatory authority in a newspaper of
    general circulation in the locality for two consecutive weeks, and
    shall hold a public hearing in the locality of the surface coal
    mining operation proposed for bond release or at the State capital
    at the option of the objector, within thirty days of the request
    for such hearing.
    (g) Informal conference
      Without prejudice to the rights of the objectors, the applicant,
    or the responsibilities of the regulatory authority pursuant to
    this section, the regulatory authority may establish an informal
    conference as provided in section 1263 of this title to resolve
    such written objections.
    (h) Power of regulatory authority with respect to informal
      conference
      For the purpose of such hearing the regulatory authority shall
    have the authority and is hereby empowered to administer oaths,
    subpena witnesses, or written or printed materials, compel the
    attendance of witnesses, or production of the materials, and take
    evidence including but not limited to inspections of the land
    affected and other surface coal mining operations carried on by the
    applicant in the general vicinity. A verbatim record of each public
    hearing required by this chapter shall be made, and a transcript
    made available on the motion of any party or by order of the
    regulatory authority.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 519, Aug. 3, 1977, 91 Stat. 501.)

-End-

-CITE-
    30 USC Sec. 1270                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1270. Citizens suits

-STATUTE-
    (a) Civil action to compel compliance with this chapter
      Except as provided in subsection (b) of this section, any person
    having an interest which is or may be adversely affected may
    commence a civil action on his own behalf to compel compliance with
    this chapter - 
        (1) against the United States or any other governmental
      instrumentality or agency to the extent permitted by the eleventh
      amendment to the Constitution which is alleged to be in violation
      of the provisions of this chapter or of any rule, regulation,
      order or permit issued pursuant thereto, or against any other
      person who is alleged to be in violation of any rule, regulation,
      order or permit issued pursuant to this subchapter; or
        (2) against the Secretary or the appropriate State regulatory
      authority to the extent permitted by the eleventh amendment to
      the Constitution where there is alleged a failure of the
      Secretary or the appropriate State regulatory authority to
      perform any act or duty under this chapter which is not
      discretionary with the Secretary or with the appropriate State
      regulatory authority.

    The district courts shall have jurisdiction, without regard to the
    amount in controversy or the citizenship of the parties.
    (b) Limitation on bringing of action
      No action may be commenced - 
        (1) under subsection (a)(1) of this section - 
          (A) prior to sixty days after the plaintiff has given notice
        in writing of the violation (i) to the Secretary, (ii) to the
        State in which the violation occurs, and (iii) to any alleged
        violator; or
          (B) if the Secretary or the State has commenced and is
        diligently prosecuting a civil action in a court of the United
        States or a State to require compliance with the provisions of
        this chapter, or any rule, regulation, order, or permit issued
        pursuant to this chapter, but in any such action in a court of
        the United States any person may intervene as a matter of
        right; or

        (2) under subsection (a)(2) of this section prior to sixty days
      after the plaintiff has given notice in writing of such action to
      the Secretary, in such manner as the Secretary shall by
      regulation prescribe, or to the appropriate State regulatory
      authority, except that such action may be brought immediately
      after such notification in the case where the violation or order
      complained of constitutes an imminent threat to the health or
      safety of the plaintiff or would immediately affect a legal
      interest of the plaintiff.
    (c) Venue; intervention
      (1) Any action respecting a violation of this chapter or the
    regulations thereunder may be brought only in the judicial district
    in which the surface coal mining operation complained of is
    located.
      (2) In such action under this section, the Secretary, or the
    State regulatory authority, if not a party, may intervene as a
    matter of right.
    (d) Costs; filing of bonds
      The court, in issuing any final order in any action brought
    pursuant to subsection (a) of this section, may award costs of
    litigation (including attorney and expert witness fees) to any
    party, whenever the court determines such award is appropriate. The
    court may, if a temporary restraining order or preliminary
    injunction is sought require the filing of a bond or equivalent
    security in accordance with the Federal Rules of Civil Procedure.
    (e) Effect on other enforcement methods
      Nothing in this section shall restrict any right which any person
    (or class of persons) may have under any statute or common law to
    seek enforcement of any of the provisions of this chapter and the
    regulations thereunder, or to seek any other relief (including
    relief against the Secretary or the appropriate State regulatory
    authority).
    (f) Action for damages
      Any person who is injured in his person or property through the
    violation by any operator of any rule, regulation, order, or permit
    issued pursuant to this chapter may bring an action for damages
    (including reasonable attorney and expert witness fees) only in the
    judicial district in which the surface coal mining operation
    complained of is located. Nothing in this subsection shall affect
    the rights established by or limits imposed under State Workmen's
    Compensation laws.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 520, Aug. 3, 1977, 91 Stat. 503.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec. (d),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

-End-

-CITE-
    30 USC Sec. 1271                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1271. Enforcement

-STATUTE-
    (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
      (1) Whenever, on the basis of any information available to him,
    including receipt of information from any person, the Secretary has
    reason to believe that any person is in violation of any
    requirement of this chapter or any permit condition required by
    this chapter, the Secretary shall notify the State regulatory
    authority, if one exists, in the State in which such violation
    exists. If no such State authority exists or the State regulatory
    authority fails within ten days after notification to take
    appropriate action to cause said violation to be corrected or to
    show good cause for such failure and transmit notification of its
    action to the Secretary, the Secretary shall immediately order
    Federal inspection of the surface coal mining operation at which
    the alleged violation is occurring unless the information available
    to the Secretary is a result of a previous Federal inspection of
    such surface coal mining operation. The ten-day notification period
    shall be waived when the person informing the Secretary provides
    adequate proof that an imminent danger of significant environmental
    harm exists and that the State has failed to take appropriate
    action. When the Federal inspection results from information
    provided to the Secretary by any person, the Secretary shall notify
    such person when the Federal inspection is proposed to be carried
    out and such person shall be allowed to accompany the inspector
    during the inspection.
      (2) When, on the basis of any Federal inspection, the Secretary
    or his authorized representative determines that any condition or
    practices exist, or that any permittee is in violation of any
    requirement of this chapter or any permit condition required by
    this chapter, which condition, practice, or violation also creates
    an imminent danger to the health or safety of the public, or is
    causing, or can reasonably be expected to cause significant,
    imminent environmental harm to land, air, or water resources, the
    Secretary or his authorized representative shall immediately order
    a cessation of surface coal mining and reclamation operations or
    the portion thereof relevant to the condition, practice, or
    violation. Such cessation order shall remain in effect until the
    Secretary or his authorized representative determines that the
    condition, practice, or violation has been abated, or until
    modified, vacated, or terminated by the Secretary or his authorized
    representative pursuant to paragraph (5) of this subsection. Where
    the Secretary finds that the ordered cessation of surface coal
    mining and reclamation operations, or any portion thereof, will not
    completely abate the imminent danger to health or safety of the
    public or the significant imminent environmental harm to land, air,
    or water resources, the Secretary shall, in addition to the
    cessation order, impose affirmative obligations on the operator
    requiring him to take whatever steps the Secretary deems necessary
    to abate the imminent danger or the significant environmental harm.
      (3) When, on the basis of a Federal inspection which is carried
    out during the enforcement of a Federal program or a Federal lands
    program, Federal inspection pursuant to section 1252, or section
    1254(b) of this title, or during Federal enforcement of a State
    program in accordance with subsection (b) of this section, the
    Secretary or his authorized representative determines that any
    permittee is in violation of any requirement of this chapter or any
    permit condition required by this chapter; but such violation does
    not create an imminent danger to the health or safety of the
    public, or cannot be reasonably expected to cause significant,
    imminent environmental harm to land, air, or water resources, the
    Secretary or authorized representative shall issue a notice to the
    permittee or his agent fixing a reasonable time but not more than
    ninety days for the abatement of the violation and providing
    opportunity for public hearing.
      If, upon expiration of the period of time as originally fixed or
    subsequently extended, for good cause shown and upon the written
    finding of the Secretary or his authorized representative, the
    Secretary or his authorized representative finds that the violation
    has not been abated, he shall immediately order a cessation of
    surface coal mining and reclamation operations or the portion
    thereof relevant to the violation. Such cessation order shall
    remain in effect until the Secretary or his authorized
    representative determines that the violation has been abated, or
    until modified, vacated, or terminated by the Secretary or his
    authorized representative pursuant to paragraph (5) of this
    subsection. In the order of cessation issued by the Secretary under
    this subsection, the Secretary shall determine the steps necessary
    to abate the violation in the most expeditious manner possible, and
    shall include the necessary measures in the order.
      (4) When, on the basis of a Federal inspection which is carried
    out during the enforcement of a Federal program or a Federal lands
    program, Federal inspection pursuant to section 1252 or section
    1254 of this title or during Federal enforcement of a State program
    in accordance with subsection (b) of this section, the Secretary or
    his authorized representative determines that a pattern of
    violations of any requirements of this chapter or any permit
    conditions required by this chapter exists or has existed, and if
    the Secretary or his authorized representative also find that such
    violations are caused by the unwarranted failure of the permittee
    to comply with any requirements of this chapter or any permit
    conditions, or that such violations are willfully caused by the
    permittee, the Secretary or his authorized representative shall
    forthwith issue an order to the permittee to show cause as to why
    the permit should not be suspended or revoked and shall provide
    opportunity for a public hearing. If a hearing is requested the
    Secretary shall inform all interested parties of the time and place
    of the hearing. Upon the permittee's failure to show cause as to
    why the permit should not be suspended or revoked, the Secretary or
    his authorized representative shall forthwith suspend or revoke the
    permit.
      (5) Notices and orders issued pursuant to this section shall set
    forth with reasonable specificity the nature of the violation and
    the remedial action required, the period of time established for
    abatement, and a reasonable description of the portion of the
    surface coal mining and reclamation operation to which the notice
    or order applies. Each notice or order issued under this section
    shall be given promptly to the permittee or his agent by the
    Secretary or his authorized representative who issues such notice
    or order, and all such notices and orders shall be in writing and
    shall be signed by such authorized representatives. Any notice or
    order issued pursuant to this section may be modified, vacated, or
    terminated by the Secretary or his authorized representative. A
    copy of any such order or notice shall be sent to the State
    regulatory authority in the State in which the violation occurs:
    Provided, That any notice or order issued pursuant to this section
    which requires cessation of mining by the operator shall expire
    within thirty days of actual notice to the operator unless a public
    hearing is held at the site or within such reasonable proximity to
    the site that any viewings of the site can be conducted during the
    course of public hearing.
    (b) Inadequate State enforcement; notice and hearing
      Whenever on the basis of information available to him, the
    Secretary has reason to believe that violations of all or any part
    of an approved State program result from a failure of the State to
    enforce such State program or any part thereof effectively, he
    shall after public notice and notice to the State, hold a hearing
    thereon in the State within thirty days of such notice. If as a
    result of said hearing the Secretary finds that there are
    violations and such violations result from a failure of the State
    to enforce all or any part of the State program effectively, and if
    he further finds that the State has not adequately demonstrated its
    capability and intent to enforce such State program, he shall give
    public notice of such finding. During the period beginning with
    such public notice and ending when such State satisfies the
    Secretary that it will enforce this chapter, the Secretary shall
    enforce, in the manner provided by this chapter, any permit
    condition required under this chapter, shall issue new or revised
    permits in accordance with requirements of this chapter, and may
    issue such notices and orders as are necessary for compliance
    therewith: Provided, That in the case of a State permittee who has
    met his obligations under such permit and who did not willfully
    secure the issuance of such permit through fraud or collusion, the
    Secretary shall give the permittee a reasonable time to conform
    ongoing surface mining and reclamation to the requirements of this
    chapter before suspending or revoking the State permit.
    (c) Civil action for relief
      The Secretary may request the Attorney General to institute a
    civil action for relief, including a permanent or temporary
    injunction, restraining order, or any other appropriate order in
    the district court of the United States for the district in which
    the surface coal mining and reclamation operation is located or in
    which the permittee thereof has his principal office, whenever such
    permittee or his agent (A) violates or fails or refuses to comply
    with any order or decision issued by the Secretary under this
    chapter, or (B) interferes with, hinders, or delays the Secretary
    or his authorized representatives in carrying out the provisions of
    this chapter, or (C) refuses to admit such authorized
    representative to the mine, or (D) refuses to permit inspection of
    the mine by such authorized representative, or (E) refuses to
    furnish any information or report requested by the Secretary in
    furtherance of the provisions of this chapter, or (F) refuses to
    permit access to, and copying of, such records as the Secretary
    determines necessary in carrying out the provisions of this
    chapter. Such court shall have jurisdiction to provide such relief
    as may be appropriate. Temporary restraining orders shall be issued
    in accordance with rule 65 of the Federal Rules of Civil Procedure,
    as amended. Any relief granted by the court to enforce an order
    under clause (A) of this section shall continue in effect until the
    completion or final termination of all proceedings for review of
    such order under this subchapter, unless, prior thereto, the
    district court granting such relief sets it aside or modifies it.
    (d) Sanctions; effect on additional enforcement rights under State
      law
      As a condition of approval of any State program submitted
    pursuant to section 1253 of this title, the enforcement provisions
    thereof shall, at a minimum, incorporate sanctions no less
    stringent than those set forth in this section, and shall contain
    the same or similar procedural requirements relating thereto.
    Nothing herein shall be construed so as to eliminate any additional
    enforcement rights or procedures which are available under State
    law to a State regulatory authority but which are not specifically
    enumerated herein.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 521, Aug. 3, 1977, 91 Stat. 504.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Rule 65 of the Federal Rules of Civil Procedure, referred to in
    subsec. (c), is set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-End-

-CITE-
    30 USC Sec. 1272                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1272. Designating areas unsuitable for surface coal mining

-STATUTE-
    (a) Establishment of State planning process; standards; State
      process requirements; integration with present and future land
      use planning and regulation processes; savings provisions
      (1) To be eligible to assume primary regulatory authority
    pursuant to section 1253 of this title, each State shall establish
    a planning process enabling objective decisions based upon
    competent and scientifically sound data and information as to
    which, if any, land areas of a State are unsuitable for all or
    certain types of surface coal mining operations pursuant to the
    standards set forth in paragraphs (2) and (3) of this subsection
    but such designation shall not prevent the mineral exploration
    pursuant to the chapter of any area so designated.
      (2) Upon petition pursuant to subsection (c) of this section, the
    State regulatory authority shall designate an area as unsuitable
    for all or certain types of surface coal mining operations if the
    State regulatory authority determines that reclamation pursuant to
    the requirements of this chapter is not technologically and
    economically feasible.
      (3) Upon petition pursuant to subsection (c) of this section, a
    surface area may be designated unsuitable for certain types of
    surface coal mining operations if such operations will - 
        (A) be incompatible with existing State or local land use plans
      or programs; or
        (B) affect fragile or historic lands in which such operations
      could result in significant damage to important historic,
      cultural, scientific, and esthetic values and natural systems; or
        (C) affect renewable resource lands in which such operations
      could result in a substantial loss or reduction of long-range
      productivity of water supply or of food or fiber products, and
      such lands to include aquifers and aquifer recharge areas; or
        (D) affect natural hazard lands in which such operations could
      substantially endanger life and property, such lands to include
      areas subject to frequent flooding and areas of unstable geology.

      (4) To comply with this section, a State must demonstrate it has
    developed or is developing a process which includes - 
        (A) a State agency responsible for surface coal mining lands
      review;
        (B) a data base and an inventory system which will permit
      proper evaluation of the capacity of different land areas of the
      State to support and permit reclamation of surface coal mining
      operations;
        (C) a method or methods for implementing land use planning
      decisions concerning surface coal mining operations; and
        (D) proper notice, opportunities for public participation,
      including a public hearing prior to making any designation or
      redesignation, pursuant to this section.

      (5) Determinations of the unsuitability of land for surface coal
    mining, as provided for in this section, shall be integrated as
    closely as possible with present and future land use planning and
    regulation processes at the Federal, State, and local levels.
      (6) The requirements of this section shall not apply to lands on
    which surface coal mining operations are being conducted on August
    3, 1977, or under a permit issued pursuant to this chapter, or
    where substantial legal and financial commitments in such operation
    were in existence prior to January 4, 1977.
    (b) Review of Federal lands
      The Secretary shall conduct a review of the Federal lands to
    determine, pursuant to the standards set forth in paragraphs (2)
    and (3) of subsection (a) of this section, whether there are areas
    on Federal lands which are unsuitable for all or certain types of
    surface coal mining operations: Provided, however, That the
    Secretary may permit surface coal mining on Federal lands prior to
    the completion of this review. When the Secretary determines an
    area on Federal lands to be unsuitable for all or certain types of
    surface coal mining operations, he shall withdraw such area or
    condition any mineral leasing or mineral entries in a manner so as
    to limit surface coal mining operations on such area. Where a
    Federal program has been implemented in a State pursuant to section
    1254 of this title, the Secretary shall implement a process for
    designation of areas unsuitable for surface coal mining for non-
    Federal lands within such State and such process shall incorporate
    the standards and procedures of this section. Prior to designating
    Federal lands unsuitable for such mining, the Secretary shall
    consult with the appropriate State and local agencies.
    (c) Petition; intervention; decision
      Any person having an interest which is or may be adversely
    affected shall have the right to petition the regulatory authority
    to have an area designated as unsuitable for surface coal mining
    operations, or to have such a designation terminated. Such a
    petition shall contain allegations of facts with supporting
    evidence which would tend to establish the allegations. Within ten
    months after receipt of the petition the regulatory authority shall
    hold a public hearing in the locality of the affected area, after
    appropriate notice and publication of the date, time, and location
    of such hearing. After a person having an interest which is or may
    be adversely affected has filed a petition and before the hearing,
    as required by this subsection, any person may intervene by filing
    allegations of facts with supporting evidence which would tend to
    establish the allegations. Within sixty days after such hearing,
    the regulatory authority shall issue and furnish to the petitioner
    and any other party to the hearing, a written decision regarding
    the petition, and the reasons therefore.(!1) In the event that all
    the petitioners stipulate agreement prior to the requested hearing,
    and withdraw their request, such hearing need not be held.

    (d) Statement
      Prior to designating any land areas as unsuitable for surface
    coal mining operations, the regulatory authority shall prepare a
    detailed statement on (i) the potential coal resources of the area,
    (ii) the demand for coal resources, and (iii) the impact of such
    designation on the environment, the economy, and the supply of
    coal.
    (e) Prohibition on certain Federal public and private surface coal
      mining operations
      After August 3, 1977, and subject to valid existing rights no
    surface coal mining operations except those which exist on August
    3, 1977, shall be permitted - 
        (1) on any lands within the boundaries of units of the National
      Park System, the National Wildlife Refuge Systems, the National
      System of Trails, the National Wilderness Preservation System,
      the Wild and Scenic Rivers System, including study rivers
      designated under section 1276(a) of title 16 and National
      Recreation Areas designated by Act of Congress;
        (2) on any Federal lands within the boundaries of any national
      forest: Provided, however, That surface coal mining operations
      may be permitted on such lands if the Secretary finds that there
      are no significant recreational, timber, economic, or other
      values which may be incompatible with such surface mining
      operations and - 
          (A) surface operations and impacts are incident to an
        underground coal mine; or
          (B) where the Secretary of Agriculture determines, with
        respect to lands which do not have significant forest cover
        within those national forests west of the 100th meridian, that
        surface mining is in compliance with the Multiple-Use Sustained-
        Yield Act of 1960 [16 U.S.C. 528-531], the Federal Coal
        Leasing Amendments Act of 1975, the National Forest Management
        Act of 1976, and the provisions of this chapter: And provided
        further, That no surface coal mining operations may be
        permitted within the boundaries of the Custer National Forest;

        (3) which will adversely affect any publicly owned park or
      places included in the National Register of Historic Sites unless
      approved jointly by the regulatory authority and the Federal,
      State, or local agency with jurisdiction over the park or the
      historic site;
        (4) within one hundred feet of the outside right-of-way line of
      any public road, except where mine access roads or haulage roads
      join such right-of-way line and except that the regulatory
      authority may permit such roads to be relocated or the area
      affected to lie within one hundred feet of such road, if after
      public notice and opportunity for public hearing in the locality
      a written finding is made that the interests of the public and
      the landowners affected thereby will be protected; or
        (5) within three hundred feet from any occupied dwelling,
      unless waived by the owner thereof, nor within three hundred feet
      of any public building, school, church, community, or
      institutional building, public park, or within one hundred feet
      of a cemetery.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 522, Aug. 3, 1977, 91 Stat. 507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Multiple-Use Sustained-Yield Act of 1960, referred to in
    subsec. (e)(2)(B), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215,
    as amended, which is classified generally to sections 528 to 531 of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title note set out under section 528 of Title
    16 and Tables.
      The Federal Coal Leasing Amendments Act of 1975, referred to in
    subsec. (e)(2)(B), is Pub. L. 94-377, Aug. 4, 1976, 90 Stat. 1083,
    which was redesignated the Federal Coal Leasing Amendments Act of
    1976 by Pub. L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075, and
    which enacted sections 202a, 208-1, and 208-2 of this title,
    amended sections 184, 191, 201, 203, 207, 209, and 352 of this
    title, repealed sections 201-1 and 204 of this title, and enacted
    provisions set out as notes under sections 181, 184, 201, 201-1,
    203, and 204 of this title. For complete classification of this Act
    to the Code, see Short Title of 1976 Amendment note set out under
    section 181 of this title and Tables.
      The National Forest Management Act of 1976, referred to in
    subsec. (e)(2)(B), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949,
    as amended, which enacted sections 472a, 521b, 1600, and 1611 to
    1614 of Title 16, Conservation, amended sections 500, 515, 516,
    518, 576b, 581h, and 1601 to 1610 of Title 16, repealed sections
    476, 513, and 514 of Title 16, enacted provisions set out as notes
    under sections 476, 513, 528, 594-2, and 1600 of Title 16. For
    complete classification of this Act to the Code, see Short Title of
    1976 Amendment note set out under section 1600 of Title 16 and
    Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "therefor."

-End-

-CITE-
    30 USC Sec. 1273                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1273. Federal lands

-STATUTE-
    (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 sections 201(a), (2)(B) (!1) 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) of this section,
    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.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 523, Aug. 3, 1977, 91 Stat. 510.)

-FOOTNOTE-
    (!1) So in original. Probably should be "201(a)(2)(B)".

-End-

-CITE-
    30 USC Sec. 1274                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1274. Public agencies, public utilities, and public
      corporations

-STATUTE-
      Any agency, unit, or instrumentality of Federal, State, or local
    government, including any publicly owned utility or publicly owned
    corporation of Federal, State, or local government, which proposes
    to engage in surface coal mining operations which are subject to
    the requirements of this chapter shall comply with the provisions
    of this subchapter.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 524, Aug. 3, 1977, 91 Stat. 511.)

-End-

-CITE-
    30 USC Sec. 1275                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1275. Review by Secretary

-STATUTE-
    (a) Application for review of order or notice; investigation;
      hearing; notice
      (1) A permittee issued a notice or order by the Secretary
    pursuant to the provisions of paragraphs (2) and (3) of subsection
    (a) of section 1271 of this title, or pursuant to a Federal program
    or the Federal lands program or any person having an interest which
    is or may be adversely affected by such notice or order or by any
    modification, vacation, or termination of such notice or order, may
    apply to the Secretary for review of the notice or order within
    thirty days of receipt thereof or within thirty days of its
    modification, vacation, or termination. Upon receipt of such
    application, the Secretary shall cause such investigation to be
    made as he deems appropriate. Such investigation shall provide an
    opportunity for a public hearing, at the request of the applicant
    or the person having an interest which is or may be adversely
    affected, to enable the applicant or such person to present
    information relating to the issuance and continuance of such notice
    or order or the modification, vacation, or termination thereof. The
    filing of an application for review under this subsection shall not
    operate as a stay of any order or notice.
      (2) The permittee and other interested persons shall be given
    written notice of the time and place of the hearing at least five
    days prior thereto. Any such hearing shall be of record and shall
    be subject to section 554 of title 5.
    (b) Findings of fact; issuance of decision
      Upon receiving the report of such investigation, the Secretary
    shall make findings of fact, and shall issue a written decision,
    incorporating therein an order vacating, affirming, modifying, or
    terminating the notice or order, or the modification, vacation, or
    termination of such notice or order complained of and incorporate
    his findings therein. Where the application for review concerns an
    order for cessation of surface coal mining and reclamation
    operations issued pursuant to the provisions of paragraph (2) or
    (3) of subsection (a) of section 1271 of this title, the Secretary
    shall issue the written decision within thirty days of the receipt
    of the application for review, unless temporary relief has been
    granted by the Secretary pursuant to subsection (c) of this section
    or by the court pursuant to subsection (c) of section 1276 of this
    title.
    (c) Temporary relief; issuance of order or decision granting or
      denying relief
      Pending completion of the investigation and hearing required by
    this section, the applicant may file with the Secretary a written
    request that the Secretary grant temporary relief from any notice
    or order issued under section 1271 of this title, a Federal program
    or the Federal lands program together with a detailed statement
    giving reasons for granting such relief. The Secretary shall issue
    an order or decision granting or denying such relief expeditiously:
    Provided, That where the applicant requests relief from an order
    for cessation of coal mining and reclamation operations issued
    pursuant to paragraph (2) or (3) of subsection (a) of section 1271
    of this title, the order or decision on such a request shall be
    issued within five days of its receipt. The Secretary may grant
    such relief, under such conditions as he may prescribe, if - 
        (1) a hearing has been held in the locality of the permit area
      on the request for temporary relief in which all parties were
      given an opportunity to be heard;
        (2) the applicant shows that there is substantial likelihood
      that the findings of the Secretary will be favorable to him; and
        (3) such relief will not adversely affect the health or safety
      of the public or cause significant, imminent environmental harm
      to land, air, or water resources.
    (d) Notice and hearing with respect to section 1271 order to show
      cause
      Following the issuance of an order to show cause as to why a
    permit should not be suspended or revoked pursuant to section 1271
    of this title, the Secretary shall hold a public hearing after
    giving written notice of the time, place, and date thereof. Any
    such hearing shall be of record and shall be subject to section 554
    of title 5. Within sixty days following the public hearing, the
    Secretary shall issue and furnish to the permittee and all other
    parties to the hearing a written decision, and the reasons
    therefor, concerning suspension or revocation of the permit. If the
    Secretary revokes the permit, the permittee shall immediately cease
    surface coal mining operations on the permit area and shall
    complete reclamation within a period specified by the Secretary, or
    the Secretary shall declare as forfeited the performance bonds for
    the operation.
    (e) Costs
      Whenever an order is issued under this section, or as a result of
    any administrative proceeding under this chapter, at the request of
    any person, a sum equal to the aggregate amount of all costs and
    expenses (including attorney fees) as determined by the Secretary
    to have been reasonably incurred by such person for or in
    connection with his participation in such proceedings, including
    any judicial review of agency actions, may be assessed against
    either party as the court, resulting from judicial review or the
    Secretary, resulting from administrative proceedings, deems proper.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 525, Aug. 3, 1977, 91 Stat. 511.)

-End-

-CITE-
    30 USC Sec. 1276                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1276. Judicial review

-STATUTE-
    (a) Review by United States District Court; venue; filing of
      petition; time
      (1) Any action of the Secretary to approve or disapprove a State
    program or to prepare or promulgate a Federal program pursuant to
    this chapter shall be subject to judicial review by the United
    States District Court for the District which includes the capital
    of the State whose program is at issue. Any action by the Secretary
    promulgating national rules or regulations including standards
    pursuant to sections 1251, 1265, 1266, and 1273 of this title shall
    be subject to judicial review in the United States District Court
    for the District of Columbia Circuit. Any other action constituting
    rulemaking by the Secretary shall be subject to judicial review
    only by the United States District Court for the District in which
    the surface coal mining operation is located. Any action subject to
    judicial review under this subsection shall be affirmed unless the
    court concludes that such action is arbitrary, capricious, or
    otherwise inconsistent with law. A petition for review of any
    action subject to judicial review under this subsection shall be
    filed in the appropriate Court within sixty days from the date of
    such action, or after such date if the petition is based solely on
    grounds arising after the sixtieth day. Any such petition may be
    made by any person who participated in the administrative
    proceedings and who is aggrieved by the action of the Secretary.
      (2) Any order or decision issued by the Secretary in a civil
    penalty proceeding or any other proceeding required to be conducted
    pursuant to section 554 of title 5 shall be subject to judicial
    review on or before 30 days from the date of such order or decision
    in accordance with subsection (b) of this section in the United
    States District Court for the district in which the surface coal
    mining operation is located. In the case of a proceeding to review
    an order or decision issued by the Secretary under the penalty
    section of this chapter, the court shall have jurisdiction to enter
    an order requiring payment of any civil penalty assessment enforced
    by its judgment. This availability of review established in this
    subsection shall not be construed to limit the operations of rights
    established in section 1270 of this title.
    (b) Evidence; conclusiveness of findings; orders
      The court shall hear such petition or complaint solely on the
    record made before the Secretary. Except as provided in subsection
    (a) of this section, the findings of the Secretary if supported by
    substantial evidence on the record considered as a whole, shall be
    conclusive. The court may affirm, vacate, or modify any order or
    decision or may remand the proceedings to the Secretary for such
    further action as it may direct.
    (c) Temporary relief; prerequisites
      In the case of a proceeding to review any order or decision
    issued by the Secretary under this chapter, including an order or
    decision issued pursuant to subsection (c) or (d) of section 1275
    of this title pertaining to any order issued under paragraph (2),
    (3), or (4) of subsection (a) of section 1271 of this title for
    cessation of coal mining and reclamation operations, the court may,
    under such conditions as it may prescribe, grant such temporary
    relief as it deems appropriate pending final determination of the
    proceedings if - 
        (1) all parties to the proceedings have been notified and given
      an opportunity to be heard on a request for temporary relief;
        (2) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding; and
        (3) such relief will not adversely affect the public health or
      safety or cause significant imminent environmental harm to land,
      air, or water resources.
    (d) Stay of action, order, or decision of Secretary
      The commencement of a proceeding under this section shall not,
    unless specifically ordered by the court, operate as a stay of the
    action, order, or decision of the Secretary.
    (e) Action of State regulatory authority
      Action of the State regulatory authority pursuant to an approved
    State program shall be subject to judicial review by a court of
    competent jurisdiction in accordance with State law, but the
    availability of such review shall not be construed to limit the
    operation of the rights established in section 1270 of this title
    except as provided therein.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 526, Aug. 3, 1977, 91 Stat. 512.)

-End-

-CITE-
    30 USC Sec. 1277                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1277. Special bituminous coal mines

-STATUTE-
    (a) Issuance of separate regulations; criteria
      The regulatory authority is authorized to issue separate
    regulations for those special bituminous coal surface mines located
    west of the 100th meridian west longitude which meet the following
    criteria:
        (1) the excavation of the specific mine pit takes place on the
      same relatively limited site for an extended period of time;
        (2) the excavation of the specific mine pit follows a coal seam
      having an inclination of fifteen degrees or more from the
      horizontal, and continues in the same area proceeding downward
      with lateral expansion of the pit necessary to maintain stability
      or as necessary to accommodate the orderly expansion of the total
      mining operation;
        (3) the excavation of the specific mine pit involves the mining
      of more than one coal seam and mining has been initiated on the
      deepest coal seam contemplated to be mined in the current
      operation;
        (4) the amount of material removed is large in proportion to
      the surface area disturbed;
        (5) there is no practicable alternative method of mining the
      coal involved;
        (6) there is no practicable method to reclaim the land in the
      manner required by this chapter; and
        (7) the specific mine pit has been actually producing coal
      since January 1, 1972, in such manner as to meet the criteria set
      forth in this section, and, because of past duration of mining,
      is substantially committed to a mode of operation which warrants
      exceptions to some provisions of this subchapter.
    (b) New bituminous coal surface mines
      Such separate regulations shall also contain a distinct part to
    cover and pertain to new bituminous coal surface mines which may be
    developed after August 3, 1977, on lands immediately adjacent to
    lands upon which are located special bituminous mines existing on
    January 1, 1972. Such new mines shall meet the criteria of
    subsection (a) of this section except for paragraphs (3) and (7),
    and all requirements of State law, notwithstanding in whole or part
    the regulations issued pursuant to subsection (c) of this section.
    In the event of an amendment or revision to the State's regulatory
    program, regulations, or decisions made thereunder governing such
    mines, the Secretary shall issue such additional regulations as
    necessary to meet the purposes of this chapter.
    (c) Scope of alternative regulations
      Such alternative regulations may pertain only to the standards
    governing onsite handling of spoils, elimination of depressions
    capable of collecting water, creation of impoundments, and
    regrading to the approximate original contour and shall specify
    that remaining highwalls are stable. All other performance
    standards in this subchapter shall apply to such mines.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 527, Aug. 3, 1977, 91 Stat. 513.)

-End-

-CITE-
    30 USC Sec. 1278                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1278. Surface mining operations not subject to this chapter

-STATUTE-
      The provisions of this chapter shall not apply to any of the
    following activities:
        (1) the extraction of coal by a landowner for his own
      noncommercial use from land owned or leased by him; and
        (2) the extraction of coal as an incidental part of Federal,
      State or local government-financed highway or other construction
      under regulations established by the regulatory authority.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 528, Aug. 3, 1977, 91 Stat. 514; Pub.
    L. 100-34, title II, Sec. 201(a), May 7, 1987, 101 Stat. 300.)

-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-34 inserted "and" after "him;" in par. (1),
    redesignated par. (3) as (2), and struck out former par. (2) which
    read as follows: "the extraction of coal for commercial purposes
    where the surface mining operation affects two acres or less; and".

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 201(b)-(e) of Pub. L. 100-34 provided that:
      "(b) Effective Date for New Operations. - The amendments made by
    this section [amending this section] shall take effect on the date
    30 days after the enactment of this Act [May 7, 1987] with respect
    to each operator commencing surface coal mining operations on or
    after such date.
      "(c) Effective Date for Existing Operations. - The amendments
    made by this section shall take effect on the date 6 months after
    the enactment of this Act with respect to each operator commencing
    surface coal mining operations pursuant to an authorization under
    State law before the date 30 days after the enactment of this Act.
    Nothing in this Act [amending this section and section 1232 of this
    title] shall preclude reclamation activities pursuant to State law
    or regulations at the site of any surface coal mine which was
    exempt from the Surface Mining Control and Reclamation Act of 1977
    [30 U.S.C. 1201 et seq.] under section 528(2) of that Act [30
    U.S.C. 1278(2)], as in effect before the enactment of this Act.
      "(d) Effect on State Law. - To the extent that any provision of a
    State law, or of a State regulation, adopted pursuant to the
    exception under section 528(2) of the Surface Mining Control and
    Reclamation Act of 1977 as in effect before the enactment of this
    Act, is inconsistent with the amendments made by this section, such
    provision shall be of no further force and effect after the
    effective date of such amendments.
      "(e) Definition. - For purposes of this section, the term
    'surface coal mining operations' has the meaning provided by
    section 701(28) of the Surface Mining Control and Reclamation Act
    of 1977 [30 U.S.C. 1291(28)]."

-End-

-CITE-
    30 USC Sec. 1279                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1279. Anthracite coal mines

-STATUTE-
      (a) The Secretary is authorized to and shall issue separate
    regulations according to time schedules established in this chapter
    for anthracite coal surface mines, if such mines are regulated by
    environmental protection standards of the State in which they are
    located. Such alternative regulations shall adopt, in each
    instance, the environmental protection provisions of the State
    regulatory program in existence on August 3, 1977, in lieu of
    sections 1265 and 1266 of this title. Provisions of sections 1259
    and 1269 of this title are applicable except for specified bond
    limits and period of revegetation responsibility. All other
    provisions of this chapter apply and the regulation issued by the
    Secretary of Interior for each State anthracite regulatory program
    shall so reflect: Provided, however, That upon amendment of a
    State's regulatory program for anthracite mining or regulations
    thereunder in force in lieu of the above-cited sections of this
    chapter, the Secretary shall issue such additional regulations as
    necessary to meet the purposes of this chapter.
      (b) Omitted.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 529, Aug. 3, 1977, 91 Stat. 514.)

-COD-
                               CODIFICATION                           
      Subsec. (b) of this section, which required the Secretary of the
    Interior to report to Congress biennially on the effectiveness of
    State anthracite regulatory programs operating in conjunction with
    this chapter with respect to protecting the environment,
    terminated, effective May 15, 2000, pursuant to section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance. See, also, page 109 of House Document
    No. 103-7.

-End-

-CITE-
    30 USC SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE
           FOR NONCOAL MINING                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-HEAD-
    SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-End-

-CITE-
    30 USC Sec. 1281                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-HEAD-
    Sec. 1281. Designation procedures

-STATUTE-
    (a) Review of Federal land areas for unsuitability for noncoal
      mining
      With respect to Federal lands within any State, the Secretary of
    Interior may, and if so requested by the Governor of such State
    shall, review any area within such lands to assess whether it may
    be unsuitable for mining operations for minerals or materials other
    than coal, pursuant to the criteria and procedures of this section.
    (b) Criteria considered in determining designations
      An area of Federal land may be designated under this section as
    unsuitable for mining operations if (1) such area consists of
    Federal land of a predominantly urban or suburban character, used
    primarily for residential or related purposes, the mineral estate
    of which remains in the public domain, or (2) such area consists of
    Federal land where mining operations would have an adverse impact
    on lands used primarily for residential or related purposes.
    (c) Petition for exclusion; contents; hearing; temporary land
      withdrawal
      Any person having an interest which is or may be adversely
    affected shall have the right to petition the Secretary to seek
    exclusion of an area from mining operations pursuant to this
    section or the redesignation of an area or part thereof as suitable
    for such operations. Such petition shall contain allegations of
    fact with supporting evidence which would tend to substantiate the
    allegations. The petitioner shall be granted a hearing within a
    reasonable time and finding with reasons therefor upon the matter
    of their petition. In any instance where a Governor requests the
    Secretary to review an area, or where the Secretary finds the
    national interest so requires, the Secretary may temporarily
    withdraw the area to be reviewed from mineral entry or leasing
    pending such review: Provided, however, That such temporary
    withdrawal be ended as promptly as practicable and in no event
    shall exceed two years.
    (d) Limitation on designations; rights preservation; regulations
      In no event is a land area to be designated unsuitable for mining
    operations under this section on which mining operations are being
    conducted prior to the holding of a hearing on such petition in
    accordance with subsection (c) of this section. Valid existing
    rights shall be preserved and not affected by such designation.
    Designation of an area as unsuitable for mining operations under
    this section shall not prevent subsequent mineral exploration of
    such area, except that such exploration shall require the prior
    written consent of the holder of the surface estate, which consent
    shall be filed with the Secretary. The Secretary may promulgate,
    with respect to any designated area, regulations to minimize any
    adverse effects of such exploration.
    (e) Statement
      Prior to any designation pursuant to this section, the Secretary
    shall prepare a detailed statement on (i) the potential mineral
    resources of the area, (ii) the demand for such mineral resources,
    and (iii) the impact of such designation or the absence of such
    designation on the environment, economy, and the supply of such
    mineral resources.
    (f) Area withdrawal
      When the Secretary designates an area of Federal lands as
    unsuitable for all or certain types of mining operations for
    minerals and materials other than coal pursuant to this section he
    may withdraw such area from mineral entry or leasing, or condition
    such entry or leasing so as to limit such mining operations in
    accordance with his determination, if the Secretary also
    determines, based on his analysis pursuant to subsection (e) of
    this section, that the benefits resulting from such designation
    would be greater than the benefits to the regional or national
    economy which could result from mineral development of such area.
    (g) Right to appeal
      Any party with a valid legal interest who has appeared in the
    proceedings in connection with the Secretary's determination
    pursuant to this section and who is aggrieved by the Secretary's
    decision (or by his failure to act within a reasonable time) shall
    have the right of appeal for review by the United States district
    court for the district in which the pertinent area is located.

-SOURCE-
    (Pub. L. 95-87, title VI, Sec. 601, Aug. 3, 1977, 91 Stat. 515.)

-End-

-CITE-
    30 USC SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS
           PROVISIONS                                      01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
       SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS   

-End-

-CITE-
    30 USC Sec. 1291                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1291. Definitions

-STATUTE-
      For the purposes of this chapter - 
        (1) "alluvial valley floors" means the unconsolidated stream
      laid deposits holding streams where water availability is
      sufficient for subirrigation or flood irrigation agricultural
      activities but does not include upland areas which are generally
      overlain by a thin veneer of colluvial deposits composed chiefly
      of debris from sheet erosion, deposits by unconcentrated runoff
      or slope wash, together with talus, other mass movement
      accumulation and windblown deposits;
        (2) "approximate original contour" means that surface
      configuration achieved by backfilling and grading of the mined
      area so that the reclaimed area, including any terracing or
      access roads, closely resembles the general surface configuration
      of the land prior to mining and blends into and complements the
      drainage pattern of the surrounding terrain, with all highwalls
      and spoil piles eliminated; water impoundments may be permitted
      where the regulatory authority determines that they are in
      compliance with section 1265(b)(8) of this title;
        (3) "commerce" means trade, traffic, commerce, transportation,
      transmission, or communication among the several States, or
      between a State and any other place outside thereof, or between
      points in the same State which directly or indirectly affect
      interstate commerce;
        (4) "Federal lands" means any land, including mineral
      interests, owned by the United States without regard to how the
      United States acquired ownership of the land and without regard
      to the agency having responsibility for management thereof,
      except Indian lands: Provided, That for the purposes of this
      chapter lands or mineral interests east of the one hundredth
      meridian west longitude owned by the United States and entrusted
      to or managed by the Tennessee Valley Authority shall not be
      subject to sections 1304 (Surface Owner Protection) and 1305
      (Federal Lessee Protection) of this title.(!1)

        (5) "Federal lands program" means a program established by the
      Secretary pursuant to section 1273 of this title to regulate
      surface coal mining and reclamation operations on Federal lands;
        (6) "Federal program" means a program established by the
      Secretary pursuant to section 1254 of this title to regulate
      surface coal mining and reclamation operations on lands within a
      State in accordance with the requirements of this chapter;
        (7) "fund" means the Abandoned Mine Reclamation Fund
      established pursuant to section 1231 of this title;
        (8) "imminent danger to the health and safety of the public"
      means the existence of any condition or practice, or any
      violation of a permit or other requirement of this chapter in a
      surface coal mining and reclamation operation, which condition,
      practice, or violation could reasonably be expected to cause
      substantial physical harm to persons outside the permit area
      before such condition, practice, or violation can be abated. A
      reasonable expectation of death or serious injury before
      abatement exists if a rational person, subjected to the same
      conditions or practices giving rise to the peril, would not
      expose himself or herself to the danger during the time necessary
      for abatement;
        (9) "Indian lands" means all lands, including mineral
      interests, within the exterior boundaries of any Federal Indian
      reservation, notwithstanding the issuance of any patent, and
      including rights-of-way, and all lands including mineral
      interests held in trust for or supervised by an Indian tribe;
        (10) "Indian tribe" means any Indian tribe, band, group, or
      community having a governing body recognized by the Secretary;
        (11) "lands within any State" or "lands within such State"
      means all lands within a State other than Federal lands and
      Indian lands;
        (12) "Office" means the Office of Surface Mining Reclamation
      and Enforcement established pursuant to subchapter II;
        (13) "operator" means any person, partnership, or corporation
      engaged in coal mining who removes or intends to remove more than
      two hundred and fifty tons of coal from the earth by coal mining
      within twelve consecutive calendar months in any one location;
        (14) "other minerals" means clay, stone, sand, gravel,
      metalliferous and nonmetalliferous ores, and any other solid
      material or substances of commercial value excavated in solid
      form from natural deposits on or in the earth, exclusive of coal
      and those minerals which occur naturally in liquid or gaseous
      form;
        (15) "permit" means a permit to conduct surface coal mining and
      reclamation operations issued by the State regulatory authority
      pursuant to a State program or by the Secretary pursuant to a
      Federal program;
        (16) "permit applicant" or "applicant" means a person applying
      for a permit;
        (17) "permit area" means the area of land indicated on the
      approved map submitted by the operator with his application,
      which area of land shall be covered by the operator's bond as
      required by section 1259 of this title and shall be readily
      identifiable by appropriate markers on the site;
        (18) "permittee" means a person holding a permit;
        (19) "person" means an individual, partnership, association,
      society, joint stock company, firm, company, corporation, or
      other business organization;
        (20) the term "prime farmland" shall have the same meaning as
      that previously prescribed by the Secretary of Agriculture on the
      basis of such factors as moisture availability, temperature
      regime, chemical balance, permeability, surface layer
      composition, susceptibility to flooding, and erosion
      characteristics, and which historically have been used for
      intensive agricultural purposes, and as published in the Federal
      Register.(!2)

        (21) "reclamation plan" means a plan submitted by an applicant
      for a permit under a State program or Federal program which sets
      forth a plan for reclamation of the proposed surface coal mining
      operations pursuant to section 1258 of this title;
        (22) "regulatory authority" means the State regulatory
      authority where the State is administering this chapter under an
      approved State program or the Secretary where the Secretary is
      administering this chapter under a Federal program;
        (23) "Secretary" means the Secretary of the Interior, except
      where otherwise described;
        (24) "State" means a State of the United States, the District
      of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      American Samoa, and Guam;
        (25) "State program" means a program established by a State
      pursuant to section 1253 of this title to regulate surface coal
      mining and reclamation operations, on lands within such State in
      accord with the requirements of this chapter and regulations
      issued by the Secretary pursuant to this chapter;
        (26) "State regulatory authority" means the department or
      agency in each State which has primary responsibility at the
      State level for administering this chapter;
        (27) "surface coal mining and reclamation operations" means
      surface mining operations and all activities necessary and
      incident to the reclamation of such operations after August 3,
      1977;
        (28) "surface coal mining operations" means - 
          (A) activities conducted on the surface of lands in
        connection with a surface coal mine or subject to the
        requirements of section 1266 of this title surface operations
        and surface impacts incident to an underground coal mine, the
        products of which enter commerce or the operations of which
        directly or indirectly affect interstate commerce. Such
        activities include excavation for the purpose of obtaining coal
        including such common methods as contour, strip, auger,
        mountaintop removal, box cut, open pit, and area mining, the
        uses of explosives and blasting, and in situ distillation or
        retorting, leaching or other chemical or physical processing,
        and the cleaning, concentrating, or other processing or
        preparation, loading of coal for interstate commerce at or near
        the mine site: Provided, however, That such activities do not
        include the extraction of coal incidental to the extraction of
        other minerals where coal does not exceed 16 2/3  per centum of
        the tonnage of minerals removed for purposes of commercial use
        or sale or coal explorations subject to section 1262 of this
        title; and
          (B) the areas upon which such activities occur or where such
        activities disturb the natural land surface. Such areas shall
        also include any adjacent land the use of which is incidental
        to any such activities, all lands affected by the construction
        of new roads or the improvement or use of existing roads to
        gain access to the site of such activities and for haulage, and
        excavations, workings, impoundments, dams, ventilation shafts,
        entryways, refuse banks, dumps, stockpiles, overburden piles,
        spoil banks, culm banks, tailings, holes or depressions, repair
        areas, storage areas, processing areas, shipping areas and
        other areas upon which are sited structures, facilities, or
        other property or materials on the surface, resulting from or
        incident to such activities; and (!3)

        (29) "unwarranted failure to comply" means the failure of a
      permittee to prevent the occurrence of any violation of his
      permit or any requirement of this chapter due to indifference,
      lack of diligence, or lack of reasonable care, or the failure to
      abate any violation of such permit or the chapter due to
      indifference, lack of diligence, or lack of reasonable care;
        (30) "lignite coal" means consolidated lignitic coal having
      less than 8,300 British thermal units per pound, moist and
      mineral matter free;
        (31) the term "coal laboratory", as used in subchapter VIII,
      means a university coal research laboratory established and
      operated pursuant to a designation made under section 1311 of
      this title;
        (32) the term "institution of higher education" as used in
      subchapters VIII and IX, means any such institution as defined by
      section 1001 of title 20;
        (33) the term "unanticipated event or condition" as used in
      section 1260(e) of this title means an event or condition
      encountered in a remining operation that was not contemplated by
      the applicable surface coal mining and reclamation permit; and
        (34) the term "lands eligible for remining" means those lands
      that would otherwise be eligible for expenditures under section
      1234 of this title or under section 1232(g)(4) of this title.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 701, Aug. 5, 1977, 91 Stat. 516;
    Pub. L. 102-486, title XXV, Sec. 2503(c), Oct. 24, 1992, 106 Stat.
    3103; Pub. L. 105-244, title I, Sec. 102(a)(10), Oct. 7, 1998, 112
    Stat. 1620.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, which
    enacted this chapter and amended section 1114 of Title 18, Crimes
    and Criminal Procedure. For complete classification of this Act to
    the Code, see Short Title note set out under section 1201 of this
    title and Tables.

-MISC1-
                                AMENDMENTS                            
      1998 - Par. (32). Pub. L. 105-244 substituted "section 1001" for
    "section 1141(a)".
      1992 - Pars. (33), (34). Pub. L. 102-486 added pars. (33) and
    (34).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

               

    (!2) So in original. The period probably should be a semicolon.

               

    (!3) So in original. The word "and" probably should not appear.

-End-

-CITE-
    30 USC Sec. 1292                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1292. Other Federal laws

-STATUTE-
    (a) Construction of chapter as superseding, amending, modifying, or
      repealing certain laws
      Nothing in this chapter shall be construed as superseding,
    amending, modifying, or repealing the Mining and Minerals Policy
    Act of 1970 (30 U.S.C. 21a), the National Environmental Policy Act
    of 1969 (42 U.S.C. 4321-47), or any of the following Acts or with
    any rule or regulation promulgated thereunder, including, but not
    limited to - 
        (1) The Federal Metal and Nonmetallic Mine Safety Act (30
      U.S.C. 721-740).
        (2) The Federal Coal Mine Health and Safety Act of 1969 (83
      Stat. 742) [30 U.S.C. 801 et seq.].
        (3) The Federal Water Pollution Control Act (79 Stat. 903), as
      amended [33 U.S.C. 1251 et seq.], the State laws enacted pursuant
      thereto, or other Federal laws relating to preservation of water
      quality.
        (4) The Clean Air Act, as amended [42 U.S.C. 7401 et seq.].
        (5) The Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].
        (6) The Refuse Act of 1899 (33 U.S.C. 407).
        (7) The Fish and Wildlife Coordination Act of 1934 (16 U.S.C.
      661-666c).
        (8) The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181
      et seq.).
    (b) Effect on authority of Secretary or heads of other Federal
      agencies
      Nothing in this chapter shall affect in any way the authority of
    the Secretary or the heads of other Federal agencies under other
    provisions of law to include in any lease, license, permit,
    contract, or other instrument such conditions as may be appropriate
    to regulate surface coal mining and reclamation operations on land
    under their jurisdiction.
    (c) Cooperation
      To the greatest extent practicable each Federal agency shall
    cooperate with the Secretary and the States in carrying out the
    provisions of this chapter.
    (d) Major Federal action
      Approval of the State programs, pursuant to section 1253(b) of
    this title, promulgation of Federal programs, pursuant to section
    1254 of this title, and implementation of the Federal lands
    programs, pursuant to section 1273 of this title, shall not
    constitute a major action within the meaning of section 102(2)(C)
    of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
    Adoption of regulations under section 1251(b) of this title shall
    constitute a major action within the meaning of section 102(2)(C)
    of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 702, Aug. 3, 1977, 91 Stat. 519.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a),
    referred to in subsec. (a), is Pub. L. 91-631, Dec. 31, 1970, 84
    Stat. 1876, which enacted section 21a of this title and provisions
    set out as a note under section 21a of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 21a of this title and Tables.
      The National Environmental Policy Act of 1969 (42 U.S.C. 4321-
    47), referred to in subsec. (a), is Pub. L. 91-190, Jan. 1, 1970,
    83 Stat. 852, as amended, which is classified generally to chapter
    55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 4321 of Title 42 and Tables.
      The Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 721-
    740), referred to in subsec. (a)(1), is Pub. L. 89-577, Sept. 16,
    1966, 80 Stat. 772, which was classified generally to chapter 21
    (Sec. 721 et seq.) of this title and was repealed by Pub. L. 95-
    164, title III, Sec. 306(a), Nov. 9, 1977, 91 Stat. 1322.
      The Federal Coal Mine Health and Safety Act of 1969 (83 Stat.
    742), referred to in subsec. (a)(2), is Pub. L. 91-173, Dec. 30,
    1969, 83 Stat. 742, as amended, which was redesignated the Federal
    Mine Safety and Health Act of 1977 by Pub. L. 95-164, title I, Sec.
    101, Nov. 9, 1977, 91 Stat. 1290, and is classified principally to
    chapter 22 (Sec. 801 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 801 of this title and Tables.
      The Federal Water Pollution Control Act (79 Stat. 903), referred
    to in subsec. (a)(3), is act June 30, 1948, ch. 758, 62 Stat. 1155,
    as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
    Stat. 816, which is classified generally to chapter 26 (Sec. 1251
    et seq.) of Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      The Clean Air Act, referred to in subsec. (a)(4), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.
      The Solid Waste Disposal Act (42 U.S.C. 3251-3259), referred to
    in subsec. (a)(5), is title II of Pub. L. 89-272, Oct. 20, 1965, 79
    Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21,
    1976, 90 Stat. 2795, which is classified generally to chapter 82
    (Sec. 6901 et seq.) of Title 42. For complete classification of
    this Act to the Code, see Short Title note set out under section
    6901 of Title 42 and Tables.
      The Refuse Act of 1899 (33 U.S.C. 407), referred to in subsec.
    (a)(6), probably means act Mar. 3, 1899, ch. 425, Sec. 13, 30 Stat.
    1152, which enacted section 407 of Title 33, Navigation and
    Navigable Waters.
      The Fish and Wildlife Coordination Act of 1934 (16 U.S.C. 661-
    666c), referred to in subsec. (a)(7), is act Mar. 10, 1934, ch.
    55, 48 Stat. 401, as amended, known as the Fish and Wildlife
    Coordination Act, which is classified generally to sections 661 to
    666c of Title 16, Conservation. For complete classification of this
    Act to the Code, see Short Title note set out under section 661 of
    Title 16 and Tables.
      The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et
    seq.), referred to in subsec. (a)(8), is act Feb. 25, 1920, ch. 85,
    41 Stat. 437, as amended, known as the Mineral Leasing Act, which
    is classified generally to chapter 3A (Sec. 181 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 181 of this title and
    Tables.

-End-

-CITE-
    30 USC Sec. 1293                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1293. Employee protection

-STATUTE-
    (a) Retaliatory practices prohibited
      No person shall discharge, or in any other way discriminate
    against, or cause to be fired or discriminated against, any
    employee or any authorized representative of employees by reason of
    the fact that such employee or representative has filed,
    instituted, or caused to be filed or instituted any proceeding
    under this chapter, or has testified or is about to testify in any
    proceeding resulting from the administration or enforcement of the
    provisions of this chapter.
    (b) Review by Secretary; investigation; notice; hearing; findings
      of fact; judicial review
      Any employee or a representative of employees who believes that
    he has been fired or otherwise discriminated against by any person
    in violation of subsection (a) of this section may, within thirty
    days after such alleged violation occurs, apply to the Secretary
    for a review of such firing or alleged discrimination. A copy of
    the application shall be sent to the person or operator who will be
    the respondent. Upon receipt of such application, the Secretary
    shall cause such investigation to be made as he deems appropriate.
    Such investigation shall provide an opportunity for a public
    hearing at the request of any party to such review to enable the
    parties to present information relating to the alleged violation.
    The parties shall be given written notice of the time and place of
    the hearing at least five days prior to the hearing. Any such
    hearing shall be of record and shall be subject to section 554 of
    title 5. Upon receiving the report of such investigation the
    Secretary shall make findings of fact. If he finds that a violation
    did occur, he shall issue a decision incorporating therein his
    findings and an order requiring the party committing the violation
    to take such affirmative action to abate the violation as the
    Secretary deems appropriate, including, but not limited to, the
    rehiring or reinstatement of the employee or representative of
    employees to his former position with compensation. If he finds
    that there was no violation, he will issue a finding. Orders issued
    by the Secretary under this subsection shall be subject to judicial
    review in the same manner as orders and decisions of the Secretary
    are subject to judicial review under this chapter.
    (c) Costs
      Whenever an order is issued under this section to abate any
    violation, at the request of the applicant a sum equal to the
    aggregate amount of all costs and expenses (including attorneys'
    fees) to have been reasonably incurred by the applicant for, or in
    connection with, the institution and prosecution of such
    proceedings, shall be assessed against the persons committing the
    violation.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 703, Aug. 3, 1977, 91 Stat. 520.)

-End-

-CITE-
    30 USC Sec. 1294                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1294. Penalty

-STATUTE-
      Any person who shall, except as permitted by law, willfully
    resist, prevent, impede, or interfere with the Secretary or any of
    his agents in the performance of duties pursuant to this chapter
    shall be punished by a fine of not more than $5,000 or by
    imprisonment for not more than one year, or both.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 704, Aug. 3, 1977, 91 Stat. 520.)

-COD-
                               CODIFICATION                           
      Section 704 of Pub. L. 95-87 also amended section 1114 of Title
    18, Crimes and Criminal Procedure.

-End-

-CITE-
    30 USC Sec. 1295                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1295. Grants to States

-STATUTE-
    (a) Assisting any State in development, administration, and
      enforcement of State programs under this chapter
      The Secretary is authorized to make annual grants to any State
    for the purpose of assisting such State in developing,
    administering, and enforcing State programs under this chapter.
    Except as provided in subsection (c) of this section, such grants
    shall not exceed 80 per centum of the total costs incurred during
    the first year, 60 per centum of total costs incurred during the
    second year, and 50 per centum of the total costs incurred during
    each year thereafter.
    (b) Assisting any State in development, administration, and
      enforcement of its State programs
      The Secretary is authorized to cooperate with and provide
    assistance to any State for the purpose of assisting it in the
    development, administration, and enforcement of its State programs.
    Such cooperation and assistance shall include - 
        (1) technical assistance and training including provision of
      necessary curricular and instruction materials, in the
      development, administration, and enforcement of the State
      programs; and
        (2) assistance in preparing and maintaining a continuing
      inventory of information on surface coal mining and reclamation
      operations for each State for the purposes of evaluating the
      effectiveness of the State programs. Such assistance shall
      include all Federal departments and agencies making available
      data relevant to surface coal mining and reclamation operations
      and to the development, administration, and enforcement of State
      programs concerning such operations.
    (c) Increases in annual grants
      If, in accordance with section 1273(d) of this title, a State
    elects to regulate surface coal mining and reclamation operations
    on Federal lands, the Secretary may increase the amount of the
    annual grants under subsection (a) of this section by an amount
    which he determines is approximately equal to the amount the
    Federal Government would have expended for such regulation if the
    State had not made such election.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 705, Aug. 3, 1977, 91 Stat. 520.)

-End-

-CITE-
    30 USC Sec. 1296                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1296. Annual report to President and Congress

-STATUTE-
      The Secretary shall submit annually to the President and the
    Congress a report concerning activities conducted by him, the
    Federal Government, and the States pursuant to this chapter. Among
    other matters, the Secretary shall include in such report
    recommendations for additional administrative or legislative action
    as he deems necessary and desirable to accomplish the purposes of
    this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 706, Aug. 3, 1977, 91 Stat. 521.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section relating to requirement to submit a report annually to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 109 of House Document No. 103-7.

-End-

-CITE-
    30 USC Sec. 1297                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1297. Separability

-STATUTE-
      If any provision of this chapter or the applicability thereof to
    any person or circumstances is held invalid, the remainder of this
    chapter and the application of such provision to other persons or
    circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 707, Aug. 3, 1977, 91 Stat. 521.)

-End-

-CITE-
    30 USC Sec. 1298                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1298. Alaskan surface coal mine study

-STATUTE-
    (a) Contract with National Academy of Sciences-National Academy of
      Engineering
      The Secretary is directed to contract to such extent or in such
    amounts as are provided in advance in appropriation Acts with the
    National Academy of Sciences-National Academy of Engineering for an
    in-depth study of surface coal mining conditions in the State of
    Alaska in order to determine which, if any, of the provisions of
    this chapter should be modified with respect to surface coal mining
    operations in Alaska.
    (b) Report to President and Congress
      The Secretary shall report on the findings of the study to the
    President and Congress no later than two years after August 3,
    1977.
    (c) Draft of legislation
      The Secretary shall include in his report a draft of legislation
    to implement any changes recommended to this chapter.
    (d) Modification of applicability of environmental protection
      provisions of this chapter to surface coal mining operations in
      Alaska; publication in Federal Register; hearing
      Until one year after the Secretary has made this report to the
    President and Congress, or three years after August 3, 1977,
    whichever comes first, the Secretary is authorized to modify the
    applicability of any environmental protection provision of this
    chapter, or any regulation issued pursuant thereto, to any surface
    coal mining operation in Alaska from which coal has been mined
    during the year preceding August 3, 1977, if he determines that it
    is necessary to insure the continued operation of such surface coal
    mining operation. The Secretary may exercise this authority only
    after he has (1) published notice of proposed modification in the
    Federal Register and in a newspaper of general circulation in the
    area of Alaska in which the affected surface coal mining operation
    is located, and (2) held a public hearing on the proposed
    modification in Alaska.
    (e) Interim regulations
      In order to allow new mines in Alaska to continue orderly
    development, the Secretary is authorized to issue interim
    regulations pursuant to section 1251(b) of this title including
    those modifications to the environmental standards as required
    based on the special physical, hydrological and climatic conditions
    in Alaska but with the purpose of protecting the environment to an
    extent equivalent to those standards for the other coal regions.
    (f) Authorization of appropriations
      There is authorized to be appropriated for the purpose of this
    section $250,000: Provided, That no new budget authority is
    authorized to be appropriated for fiscal year 1977.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 708, Aug. 3, 1977, 91 Stat. 521.)

-End-

-CITE-
    30 USC Sec. 1299                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1299. Study of reclamation standards for surface mining of
      other minerals

-STATUTE-
    (a) Contract with National Academy of Sciences-National Academy of
      Engineering; requirements
      The Chairman of the Council on Environmental Quality is directed
    to contract to such extent or in such amounts as are provided in
    appropriation Acts with the National Academy of Sciences-National
    Academy of Engineering, other Government agencies or private groups
    as appropriate, for an in-depth study of current and developing
    technology for surface and open pit mining and reclamation for
    minerals other than coal designed to assist in the establishment of
    effective and reasonable regulation of surface and open pit mining
    and reclamation for minerals other than coal. The study shall - 
        (1) assess the degree to which the requirements of this chapter
      can be met by such technology and the costs involved;
        (2) identify areas where the requirements of this chapter
      cannot be met by current and developing technology;
        (3) in those instances describe requirements most comparable to
      those of this chapter which could be met, the costs involved, and
      the differences in reclamation results between these requirements
      and those of this chapter; and
        (4) discuss alternative regulatory mechanisms designed to
      insure the achievement of the most beneficial postmining land use
      for areas affected by surface and open pit mining.
    (b) Submittal of study with legislative recommendation to President
      and Congress
      The study together with specific legislative recommendations
    shall be submitted to the President and the Congress no later than
    eighteen months after August 3, 1977: Provided, That, with respect
    to surface or open pit mining for sand and gravel the study shall
    be submitted no later than twelve months after August 3, 1977:
    Provided further, That with respect to mining for oil shale and tar
    sands that a preliminary report shall be submitted no later than
    twelve months after August 3, 1977.
    (c) Authorization of appropriations
      There are authorized to be appropriated for the purpose of this
    section $500,000: Provided, That no new budget authority is
    authorized to be appropriated for fiscal year 1977.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 709, Aug. 3, 1977, 91 Stat. 522.)

-End-

-CITE-
    30 USC Sec. 1300                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1300. Indian lands

-STATUTE-
    (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. 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.
    (j) Tribal regulatory authority
      (1) Tribal regulatory programs
        (A) In general
          Notwithstanding any other provision of law, an Indian tribe
        may apply for, and obtain the approval of, a tribal program
        under section 1253 of this title regulating in whole or in part
        surface coal mining and reclamation operations on reservation
        land under the jurisdiction of the Indian tribe using the
        procedures of section 1254(e) of this title.
        (B) References to State
          For purposes of this subsection and the implementation and
        administration of a tribal program under subchapter V, any
        reference to a "State" in this chapter shall be considered to
        be a reference to a "tribe".
      (2) Conflicts of interest
        (A) In general
          The fact that an individual is a member of an Indian tribe
        does not in itself constitute a violation of section 1211(f) of
        this title.
        (B) Employees of tribal regulatory authority
          Any employee of a tribal regulatory authority shall not be
        eligible for a per capita distribution of any proceeds from
        coal mining operations conducted on Indian reservation lands
        under this chapter.
      (3) Sovereign immunity
        To receive primary regulatory authority under section 1254(e)
      of this title, an Indian tribe shall waive sovereign immunity for
      purposes of section 1270 of this title and paragraph (4).
      (4) Judicial review
        (A) Civil actions
          (i) In general
            After exhausting all tribal remedies with respect to a
          civil action arising under a tribal program approved under
          section 1254(e) of this title, an interested party may file a
          petition for judicial review of the civil action in the
          United States circuit court for the circuit in which the
          surface coal mining operation named in the petition is
          located.
          (ii) Scope of review
            (I) Questions of law
              The United States circuit court shall review de novo any
            questions of law under clause (i).
            (II) Findings of fact
              The United States circuit court shall review findings of
            fact under clause (i) using a clearly erroneous standard.
        (B) Criminal actions
          Any criminal action brought under section 1268 of this title
        with respect to surface coal mining or reclamation operations
        on Indian reservation lands shall be brought in - 
            (i) the United States District Court for the District of
          Columbia; or
            (ii) the United States district court in which the criminal
          activity is alleged to have occurred.
      (5) Grants
        (A) In general
          Except as provided in subparagraph (B), grants for
        developing, administering, and enforcing tribal programs
        approved in accordance with section 1254(e) of this title shall
        be provided to an Indian tribe in accordance with section 1295
        of this title.
        (B) Exception
          Notwithstanding subparagraph (A), the Federal share of the
        costs of developing, administering, and enforcing an approved
        tribal program shall be 100 percent.
      (6) Report
        Not later than 18 months after the date on which a tribal
      program is approved under subsection (e) of section 1254 of this
      title, the Secretary shall submit to the appropriate committees
      of Congress a report, developed in cooperation with the
      applicable Indian tribe, on the tribal program that includes a
      recommendation of the Secretary on whether primary regulatory
      authority under that subsection should be expanded to include
      additional Indian lands.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 710, Aug. 3, 1977, 91 Stat. 523;
    Pub. L. 102-486, title XXV, Sec. 2514, Oct. 24, 1992, 106 Stat.
    3112; Pub. L. 109-432, div. C, title II, Sec. 209, Dec. 20, 2006,
    120 Stat. 3019.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (i). Pub. L. 109-432, Sec. 209(b), struck out ",
    except that nothing in this subsection may be construed as
    providing such tribes with the authorities set forth under section
    1253 of this title" after "Indian lands" in introductory
    provisions.
      Subsec. (j). Pub. L. 109-432, Sec. 209(a), added subsec. (j).
      1992 - Subsec. (i). Pub. L. 102-486 added subsec. (i).

-FOOTNOTE-
    (!1) So in original. Probably should be "lands".

-End-

-CITE-
    30 USC Sec. 1301                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1301. Environmental practices

-STATUTE-
      In order to encourage advances in mining and reclamation
    practices or to allow post-mining land use for industrial,
    commercial, residential, or public use (including recreational
    facilities), the regulatory authority with approval by the
    Secretary may authorize departures in individual cases on an
    experimental basis from the environmental protection performance
    standards promulgated under sections 1265 and 1266 of this title.
    Such departures may be authorized if (i) the experimental practices
    are potentially more or at least as environmentally protective,
    during and after mining operations, as those required by
    promulgated standards; (ii) the mining operations approved for
    particular land-use or other purposes are not larger or more
    numerous than necessary to determine the effectiveness and economic
    feasibility of the experimental practices; and (iii) the
    experimental practices do not reduce the protection afforded public
    health and safety below that provided by promulgated standards.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 711, Aug. 3, 1977, 91 Stat. 523.)

-End-

-CITE-
    30 USC Sec. 1302                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1302. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to the Secretary for the
    purposes of this chapter the following sums; and all such funds
    appropriated shall remain available until expended:
      (a) For the implementation and funding of sections 1252, 1273,
    and 1300 of this title, there are authorized to be appropriated to
    the Secretary of the Interior the sum of $10,000,000 for the fiscal
    year ending September 30, 1978, $25,000,000 for each of the two
    succeeding fiscal years, and in such fiscal years such additional
    amounts as may be necessary for increases in salary, pay,
    retirement, other employee benefits authorized by law, and other
    nondiscretionary costs.
      (b) For the implementation and funding of section 1257(c) of this
    title, see the provisions of section 1231(c)(9) of this title.
      (c) For the implementation and funding of section 1295 of this
    title and for the administrative and other purposes of this
    chapter, except as otherwise provided for in this chapter,
    authorization is provided for the sum of $20,000,000 for the fiscal
    year ending September 30, 1978, and $30,000,000 for each of the two
    succeeding fiscal years and such funds that are required
    thereafter.
      (d) In order that the implementation of the requirements of this
    chapter may be initiated in a timely and orderly manner, the
    Secretary is authorized, subject to the approval of the
    appropriation Committees of the House and of the Senate, to utilize
    not to exceed $2,000,000 of the appropriations otherwise available
    to him for the fiscal year ending September 30, 1977, for the
    administration and other purposes of this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 712, Aug. 3, 1977, 91 Stat. 524;
    Pub. L. 95-343, Sec. 1, Aug. 11, 1978, 92 Stat. 473; Pub. L. 101-
    508, title VI, Sec. 6012(b), Nov. 5, 1990, 104 Stat. 1388-298;
    Pub. L. 109-432, div. C, title II, Sec. 201(b), Dec. 20, 2006, 120
    Stat. 3008.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-432 substituted "1231(c)(9)" for
    "1231(c)(11)".
      1990 - Subsec. (b). Pub. L. 101-508 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "For
    the implementation and funding of section 1257(c) of this title
    there are authorized to be appropriated sums reserved by section
    1231(b)(1) of this title for the purposes of section 1257(c) of
    this title and such additional sums as may be necessary (i) for the
    fiscal year ending September 30, 1978, to provide an amount not to
    exceed $10,000,000 to carry out the purposes of section 1257(c) of
    this title and (ii) for the fiscal years ending September 30, 1979,
    and September 30, 1980, to provide an amount not to exceed
    $25,000,000 to carry out the purposes of section 1257(c) of this
    title."
      1978 - Subsec. (a). Pub. L. 95-343, Sec. 1(1), increased
    authorization from $10,000,000 to $25,000,000 for each of the two
    succeeding fiscal years, and inserted provisions authorizing such
    necessary additional amounts for increases in salary, etc.
      Subsec. (b). Pub. L. 95-343, Sec. 1(2), substituted provisions
    authorizing appropriations of not to exceed $10,000,000 for fiscal
    year ending Sept. 30, 1978, and not to exceed $25,000,000 for each
    of fiscal years ending Sept. 30, 1979, and 1980, for provisions
    authorizing appropriations of not to exceed $10,000,000 and such
    additional amounts as are necessary for fiscal year ending Sept.
    30, 1978, and for each fiscal year for a period of fifteen fiscal
    years thereafter.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508, effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

                  CREDITING PERFORMANCE BOND FORFEITURES              
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-244, provided in part that:
    "Notwithstanding 31 U.S.C. 3302, an additional amount shall be
    credited to this account, to remain available until expended, from
    performance bond forfeitures in fiscal year 1999 and thereafter."

            COST-BASED FEES FOR PRODUCTS OF MINE MAP REPOSITORY        
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-244, provided in part that: "Beginning in
    fiscal year 1999 and thereafter, cost-based fees for the products
    of the Mine Map Repository shall be established (and revised as
    needed) in Federal Register Notices, and shall be collected and
    credited to this account, to be available until expended for the
    costs of administering this program."

-End-

-CITE-
    30 USC Sec. 1303                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1303. Coordination of regulatory and inspection activities

-STATUTE-
      (a) The President shall, to the extent appropriate, and in
    keeping with the particular enforcement requirements of each Act
    referred to herein, insure the coordination of regulatory and
    inspection activities among the departments, agencies, and
    instrumentalities to which such activities are assigned by this
    chapter, by the Clean Air Act [42 U.S.C. 7401 et seq.], by the
    Water Pollution Control Act [33 U.S.C. 1251 et seq.], by the
    Department of Energy Organization Act [42 U.S.C. 7101 et seq.], and
    by existing or subsequently enacted Federal mine safety and health
    laws, except that no such coordination shall be required with
    respect to mine safety and health inspections, advance notice of
    which is or may be prohibited by existing or subsequently enacted
    Federal mine safety and health laws.
      (b) The President may execute the coordination required by this
    section by means of an Executive order, or by any other mechanism
    he determines to be appropriate.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 713, Aug. 3, 1977, 91 Stat. 524.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (a), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.
      The Water Pollution Control Act, referred to in subsec. (a),
    probably means act June 30, 1948, ch. 758, 62 Stat. 1155, known as
    the Federal Water Pollution Control Act, as amended generally by
    Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
    classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
    Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.
      The Department of Energy Organization Act, referred to in subsec.
    (a), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,
    which is classified principally to chapter 84 (Sec. 7101 et seq.)
    of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7101 of Title 42 and Tables.

-End-

-CITE-
    30 USC Sec. 1304                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1304. Surface owner protection

-STATUTE-
    (a) Applicability
      The provisions of this section shall apply where coal owned by
    the United States under land the surface rights to which are owned
    by a surface owner as defined in this section is to be mined by
    methods other than underground mining techniques.
    (b) Lease of coal deposits governed by section 201 of this title
      Any coal deposits subject to this section shall be offered for
    lease pursuant to section 201(a) of this title.
    (c) Consent to lease by surface owner
      The Secretary shall not enter into any lease of Federal coal
    deposits until the surface owner has given written consent to enter
    and commence surface mining operations and the Secretary has
    obtained evidence of such consent. Valid written consent given by
    any surface owner prior to August 3, 1977, shall be deemed
    sufficient for the purposes of complying with this section.
    (d) Preferences
      In order to minimize disturbance to surface owners from surface
    coal mining of Federal coal deposits and to assist in the
    preparation of comprehensive land-use plans required by section
    201(a) of this title, the Secretary shall consult with any surface
    owner whose land is proposed to be included in a leasing tract and
    shall ask the surface owner to state his preference for or against
    the offering of the deposit under his land for lease. The Secretary
    shall, in his discretion but to the maximum extent practicable,
    refrain from leasing coal deposits for development by methods other
    than underground mining techniques in those areas where a
    significant number of surface owners have stated a preference
    against the offering of the deposits for lease.
    (e) "Surface owner" defined
      For the purpose of this section the term "surface owner" means
    the natural person or persons (or corporation, the majority stock
    of which is held by a person or persons who meet the other
    requirements of this section) who - 
        (1) hold legal or equitable title to the land surface;
        (2) have their principal place of residence on the land; or
      personally conduct farming or ranching operations upon a farm or
      ranch unit to be affected by surface coal mining operations; or
      receive directly a significant portion of their income, if any,
      from such farming or ranching operations; and
        (3) have met the conditions of paragraphs (1) and (2) for a
      period of at least three years prior to the granting of the
      consent.

    In computing the three-year period the Secretary may include
    periods during which title was owned by a relative of such person
    by blood or marriage during which period such relative would have
    met the requirements of this subsection.
    (f) Exception
      This section shall not apply to Indian lands.
    (g) Effect on property rights of United States or any other
      landowner
      Nothing in this section shall be construed as increasing or
    diminishing any property rights by the United States or by any
    other landowner.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 714, Aug. 3, 1977, 91 Stat. 524.)

-End-

-CITE-
    30 USC Sec. 1305                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1305. Federal lessee protection

-STATUTE-
      In those instances where the coal proposed to be mined by surface
    coal mining operations is owned by the Federal Government and the
    surface is subject to a lease or a permit issued by the Federal
    Government, the application for a permit shall include either:
        (1) the written consent of the permittee or lessee of the
      surface lands involved to enter and commence surface coal mining
      operations on such land, or in lieu thereof;
        (2) evidence of the execution of a bond or undertaking to the
      United States or the State, whichever is applicable, for the use
      and benefit of the permittee or lessee of the surface lands
      involved to secure payment of any damages to the surface estate
      which the operations will cause to the crops, or to the tangible
      improvements of the permittee or lessee of the surface lands as
      may be determined by the parties involved, or as determined and
      fixed in an action brought against the operator or upon the bond
      in a court of competent jurisdiction. This bond is in addition to
      the performance bond required for reclamation under this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 715, Aug. 3, 1977, 91 Stat. 525.)

-End-

-CITE-
    30 USC Sec. 1306                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1306. Effect on rights of owner of coal in Alaska to conduct
      surface mining operations

-STATUTE-
      Nothing in this chapter shall be construed as increasing or
    diminishing the rights of any owner of coal in Alaska to conduct or
    authorize surface coal mining operations for coal which has been or
    is hereafter conveyed out of Federal ownership to the State of
    Alaska or pursuant to the Alaska Native Claims Settlement Act [43
    U.S.C. 1601 et seq.]: Provided, That such surface coal mining
    operations meet the requirements of this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 716, Aug. 3, 1977, 91 Stat. 526.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in text, is
    Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
    classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
    Public Lands. For complete classification of this Act to the Code,
    see Short Title note set out under section 1601 of Title 43 and
    Tables.

-End-

-CITE-
    30 USC Sec. 1307                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1307. Water rights and replacement

-STATUTE-
      (a) Nothing in this chapter shall be construed as affecting in
    any way the right of any person to enforce or protect, under
    applicable law, his interest in water resources affected by a
    surface coal mining operation.
      (b) The operator of a surface coal mine shall replace the water
    supply of an owner of interest in real property who obtains all or
    part of his supply of water for domestic, agricultural, industrial,
    or other legitimate use from an underground or surface source where
    such supply has been affected by contamination, diminution, or
    interruption proximately resulting from such surface coal mine
    operation.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 717, Aug. 3, 1977, 91 Stat. 526.)

-End-

-CITE-
    30 USC Sec. 1308                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1308. Advance appropriations

-STATUTE-
      Notwithstanding any other provision of this chapter, no authority
    to make payments under this chapter shall be effective except to
    such extent or in such amounts as are provided in advance in
    appropriation Acts.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 718, Aug. 3, 1977, 91 Stat. 526.)

-End-

-CITE-
    30 USC Sec. 1309                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1309. Certification and training of blasters

-STATUTE-
      In accordance with this chapter, the Secretary of the Interior
    (or the approved State regulatory authority as provided for in
    section 1253 of this title) shall promulgate regulations requiring
    the training, examination, and certification of persons engaging in
    or directly responsible for blasting or use of explosives in
    surface coal mining operations.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 719, Aug. 3, 1977, 91 Stat. 526.)

-End-

-CITE-
    30 USC Sec. 1309a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1309a. Subsidence

-STATUTE-
    (a) Requirements
      Underground coal mining operations conducted after October 24,
    1992, shall comply with each of the following requirements:
        (1) Promptly repair, or compensate for, material damage
      resulting from subsidence caused to any occupied residential
      dwelling and structures related thereto, or non-commercial
      building due to underground coal mining operations. Repair of
      damage shall include rehabilitation, restoration, or replacement
      of the damaged occupied residential dwelling and structures
      related thereto, or non-commercial building. Compensation shall
      be provided to the owner of the damaged occupied residential
      dwelling and structures related thereto or non-commercial
      building and shall be in the full amount of the diminution in
      value resulting from the subsidence. Compensation may be
      accomplished by the purchase, prior to mining, of a
      noncancellable premium-prepaid insurance policy.
        (2) Promptly replace any drinking, domestic, or residential
      water supply from a well or spring in existence prior to the
      application for a surface coal mining and reclamation permit,
      which has been affected by contamination, diminution, or
      interruption resulting from underground coal mining operations.

    Nothing in this section shall be construed to prohibit or interrupt
    underground coal mining operations.
    (b) Regulations
      Within one year after October 24, 1992, the Secretary shall,
    after providing notice and opportunity for public comment,
    promulgate final regulations to implement subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 720, as added Pub. L. 102-486,
    title XXV, Sec. 2504(a)(1), Oct. 24, 1992, 106 Stat. 3104.)

-MISC1-
          REVIEW OF EXISTING REQUIREMENTS AND REPORT TO CONGRESS      
      Section 2504(a)(2) of Pub. L. 102-486 directed Secretary of the
    Interior to review existing requirements related to underground
    coal mine subsidence and natural gas and petroleum pipeline safety,
    submit a report detailing results of review to Committee on Energy
    and Natural Resources of Senate and Committee on Interior and
    Insular Affairs of House of Representatives within 18 months of
    Oct. 24, 1992, and, where appropriate, to commence a rulemaking to
    address any deficiencies in existing law determined in the review
    regarding notification, coordination and mitigation.

-End-

-CITE-
    30 USC Sec. 1309b                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1309b. Research

-STATUTE-
      The Office of Surface Mining Reclamation and Enforcement is
    authorized to conduct studies, research and demonstration projects
    relating to the implementation of, and compliance with, subchapter
    V of this chapter, and provide technical assistance to states (!1)
    for that purpose. Prior to approving any such studies, research or
    demonstration projects the Director, Office of Surface Mining
    Reclamation and Enforcement, shall first consult with the Director,
    Bureau of Mines, and obtain a determination from such Director that
    the Bureau of Mines is not already conducting like or similar
    studies, research or demonstration projects. Studies, research and
    demonstration projects for the purposes of subchapter IV of this
    chapter shall only be conducted in accordance with section
    1231(c)(6) (!2) of this title.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 721, as added Pub. L. 102-486,
    title XXV, Sec. 2504(c)(3), Oct. 24, 1992, 106 Stat. 3105.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1231(c)(6) of this title, referred to in text, was
    repealed and paragraph (8) of section 1231(c) was redesignated (6)
    by Pub. L. 109-432, div. C, title II, Sec. 201(a)(1), Dec. 20,
    2006, 120 Stat. 3006.

-CHANGE-
                              CHANGE OF NAME                          
      Bureau of Mines redesignated United States Bureau of Mines by
    section 10(b) of Pub. L. 102-285, set out as a note under section 1
    of this title. For provisions relating to closure and transfer of
    functions of the United States Bureau of Mines, see Transfer of
    Functions note set out under section 1 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

    (!2) See References in Text note below.

-End-

-CITE-
    30 USC SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH
           LABORATORIES                                    01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
          SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES      

-End-

-CITE-
    30 USC Sec. 1311                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1311. Establishment of university coal research laboratories

-STATUTE-
    (a) Designation by Secretary of Energy
      The Secretary of Energy, after consultation with the National
    Academy of Engineering, shall designate thirteen institutions of
    higher education at which university coal research laboratories
    will be established and operated. Ten such designations shall be
    made as provided in subsection (e) of this section and the
    remaining three shall be made in fiscal year 1980.
    (b) Criteria
      In making designations under this section, the Secretary of
    Energy shall consider the following criteria:
        (1) Those ten institutions of higher education designated as
      provided in subsection (e) of this section shall be located in a
      State with abundant coal reserves.
        (2) The institution of higher education shall have experience
      in coal research, expertise in several areas of coal research,
      and potential or currently active, outstanding programs in coal
      research.
        (3) The institution of higher education has the capacity to
      establish and operate the coal laboratories to be assisted under
      this subchapter.
    (c) Location of coal laboratories
      Not more than one coal laboratory established pursuant to this
    subchapter shall be located in a single State and at least one coal
    laboratory shall be established within each of the major coal
    provinces recognized by the United States Bureau of Mines,
    including Alaska.
    (d) Period for submission of applications for designation; contents
      The Secretary of Energy shall establish a period, not in excess
    of ninety days after August 3, 1977, for the submission of
    applications for designation under this section. Any institution of
    higher education desiring to be designated under this subchapter
    shall submit an application to the Secretary of Energy in such
    form, at such time, and containing or accompanied by such
    information as the Secretary of Energy may reasonably require. Each
    application shall - 
        (1) describe the facilities to be established for coal energy
      resources and conversion research and research on related
      environmental problems including facilities for interdisciplinary
      academic research projects by the combined efforts of specialists
      such as mining engineers, mineral engineers, geochemists,
      mineralogists, mineral economists, fuel scientists, combustion
      engineers, mineral preparation engineers, coal petrographers,
      geologists, chemical engineers, civil engineers, mechanical
      engineers, and ecologists;
        (2) set forth a program for the establishment of a test
      laboratory for coal characterization which, in addition, may be
      used as a site for the exchange of coal research activities by
      representatives of private industry engaged in coal research and
      characterization;
        (3) set forth a program for providing research and development
      activities for students engaged in advanced study in any
      discipline which is related to the development of adequate energy
      supplies in the United States. The research laboratory shall be
      associated with an ongoing educational and research program on
      extraction and utilization of coal.
    (e) Time limit
      The Secretary of Energy shall designate the ten institutions of
    higher education under this section not later than ninety days
    after the date on which such applications are to be submitted.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 801, Aug. 3, 1977, 91 Stat. 526;
    Pub. L. 95-617, title VI, Sec. 604(a), (c), Nov. 9, 1978, 92 Stat.
    3166, 3167; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat.
    172.)

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-617, Sec. 604(a), substituted "The
    Secretary of Energy" for "The Administrator, Energy Research and
    Development Administration (hereafter referred to as
    'Administrator' in this subchapter)" and "shall designate thirteen
    institutions" for "is authorized and directed to designate ten
    institutions" and inserted provision that ten such designations be
    made as provided in subsection (e) of this section and the
    remaining three be made in fiscal year 1980.
      Subsec. (b). Pub. L. 95-617, Sec. 604(a), (c), substituted in
    provisions preceding par. (1) "Secretary of Energy" for
    "Administrator" and in par. (1) "Those ten institutions of higher
    education designated as provided in subsection (e) of this section"
    for "The institution of higher education".
      Subsecs. (d), (e). Pub. L. 95-617, Sec. 604(c), substituted
    "Secretary of Energy" for "Administrator" wherever appearing.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (c) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-End-

-CITE-
    30 USC Sec. 1312                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1312. Financial assistance

-STATUTE-
      (a) The Secretary of Energy is authorized to make grants to any
    institution of higher education designated under section 1311 of
    this title to pay the Federal share of the cost of establishing
    (including the construction of such facilities as may be necessary)
    and maintaining a coal laboratory.
      (b) Each institution of higher education designated pursuant to
    section 1311 of this title shall submit an application to the
    Secretary of Energy. Each such application shall - 
        (1) set forth the program to be conducted at the coal
      laboratory which includes the purposes set forth in section
      1311(d) of this title;
        (2) provide assurances that the university will pay from non-
      Federal sources the remaining costs of carrying out the program
      set forth;
        (3) provide such fiscal control and fund accounting procedures
      as may be necessary to assure the proper disbursement of and
      accounting for Federal funds received under this subchapter;
        (4) provide for making an annual report which shall include a
      description of the activities conducted at the coal laboratory
      and an evaluation of the success of such activities, and such
      other necessary reports in such form and containing such
      information as the Secretary of Energy may require, and for
      keeping such records and affording such access thereto as may be
      necessary to assure the correctness and verification of such
      reports; and
        (5) set forth such policies and procedures as will insure that
      Federal funds made available under this section for any fiscal
      year will be so used as to supplement and, to the extent
      practical, increase the level of funds that would, in the absence
      of such Federal funds, be made available for the purposes of the
      activities described in subsections (d)(1), (2), and (3) of
      section 1311 of this title, and in no case supplant such funds.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 802, Aug. 3, 1977, 91 Stat. 527;
    Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat.
    3167.)

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-617 substituted "Secretary of Energy" for
    "Administrator" wherever appearing.

-End-

-CITE-
    30 USC Sec. 1313                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1313. Limitation on payments

-STATUTE-
      (a) No institutions of higher education may receive more than
    $4,000,000 for the construction of its coal research laboratory,
    including initially installed fixed equipment, nor may it receive
    more than $1,500,000 for initially installed movable equipment, nor
    may it receive more than $500,000 for new program startup expenses.
      (b) No institution of higher education may receive more than
    $1,500,000 per year from the Federal Government for operating
    expenses.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 803, Aug. 3, 1977, 91 Stat. 528.)

-End-

-CITE-
    30 USC Sec. 1314                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1314. Payments; Federal share of operating expenses

-STATUTE-
      (a) From the amounts appropriated pursuant to section 1316 of
    this title, the Secretary of Energy shall pay to each institution
    of higher education having an application approved under this
    subchapter an amount equal to the Federal share of the cost of
    carrying out that application. Such payments may be in
    installments, by way of reimbursement, or by way of advance with
    necessary adjustments on account of underpayments or overpayments.
      (b) The Federal share of operating expenses for any fiscal year
    shall not exceed 50 per centum of the cost of the operation of a
    coal research laboratory.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 804, Aug. 3, 1977, 91 Stat. 528;
    Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat.
    3167.)

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-617 substituted "Secretary of
    Energy" for "Administrator" wherever appearing.

-End-

-CITE-
    30 USC Sec. 1315                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1315. Advisory Council on Coal Research

-STATUTE-
    (a) Establishment; members
      There is established an Advisory Council on Coal Research which
    shall be composed of - 
        (1) the Secretary of Energy, who shall be Chairman;
        (2) the Director of the United States Bureau of Mines of the
      Department of the Interior;
        (3) the President of the National Academy of Sciences;
        (4) the President of the National Academy of Engineering;
        (5) the Director of the United States Geological Survey; and
        (6) six members appointed by the Secretary of Energy from among
      individuals who, by virtue of experience or training, are
      knowledgeable in the field of coal research and mining, and who
      are representatives of institutions of higher education,
      industrial users of coal and coal-derived fuels, the coal
      industry, mine workers, nonindustrial consumer groups, and
      institutions concerned with the preservation of the environment.
    (b) Furnishing advice to Secretary of Energy
      The Advisory Council shall advise the Secretary of Energy with
    respect to the general administration of this subchapter, and
    furnish such additional advice as he may request.
    (c) Annual report to President; transmittal to Congress
      The Advisory Council shall make an annual report of its findings
    and recommendations (including recommendations for changes in the
    provisions of this subchapter) to the President not later than
    December 31 of each calendar year. The President shall transmit
    each such report to the Congress.
    (d) Compensation and travel expenses
      (1) Members of the Council who are not regular officers or
    employees of the United States Government shall, while serving on
    business of the Council, be entitled to receive compensation at
    rates fixed by the Secretary of Energy but not exceeding the daily
    rate prescribed for GS-18 of the General Schedule under section
    5332 of title 5 and while so serving away from their homes or
    regular places of business, they may be allowed travel expenses,
    including per diem in lieu of subsistence, as authorized by section
    5703 of title 5 for persons in the Government service employed
    intermittently.
      (2) Members of the Council who are officers or employees of the
    Government shall be reimbursed for travel, subsistence, and other
    necessary expenses incurred by them in carrying out their duties on
    the Council.
    (e) Alternate members
      Whenever a member of the Council appointed under clauses (1)
    through (5) is unable to attend a meeting, that member shall
    appoint an appropriate alternate to represent him for that meeting.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 805, Aug. 3, 1977, 91 Stat. 528;
    Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat. 3167;
    Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-617 substituted "Secretary of Energy" for
    "Administrator" wherever appearing.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-MISC2-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (c) of this section relating to requirement that the President
    transmit each annual report to Congress, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 153 of House Document No. 103-
    7.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
    1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-

-CITE-
    30 USC Sec. 1316                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1316. Authorization of appropriations

-STATUTE-
      (a) For the ten institutions referred to in the last sentence of
    section 1311(a) of this title, there are authorized to be
    appropriated not to exceed $30,000,000 for the fiscal year ending
    September 30, 1979 (including the cost of construction, equipment,
    and startup expenses), and not to exceed $7,500,000 for the fiscal
    year 1980 and for each fiscal year thereafter through the fiscal
    year ending before October 1, 1984, to carry out the provisions of
    this subchapter.
      (b) For the three remaining institutions referred to in the last
    sentence of section 1311(a) of this title, there are authorized to
    be appropriated not to exceed $6,500,000 for the fiscal year 1980
    (including the cost of construction, equipment, and startup
    expenses), and not to exceed $2,000,000 for each fiscal year after
    fiscal year 1980 ending before October 1, 1984, to carry out the
    provisions of this subchapter.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 806, Aug. 3, 1977, 91 Stat. 529;
    Pub. L. 95-617, title VI, Sec. 604(b), Nov. 9, 1978, 92 Stat.
    3166.)

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-617 designated existing provisions as subsec.
    (a), inserted reference to ten institutions referred to in last
    sentence of section 1311(a) of this title and substituted
    provisions authorizing appropriations for each fiscal year
    thereafter through the fiscal year ending before October 1, 1984,
    for provisions authorizing appropriations each fiscal year
    thereafter through the fiscal year ending June 30, 1983, and added
    subsec. (b).

-End-

-CITE-
    30 USC SUBCHAPTER IX - ENERGY RESOURCE GRADUATE
           FELLOWSHIPS                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
           SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS       

-End-

-CITE-
    30 USC Sec. 1321                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1321. Fellowship awards

-STATUTE-
    (a) Graduate study and research in areas of applied science and
      engineering relating to production, conservation, and utilization
      of fuels and energy
      The Secretary of Energy is authorized to award under the
    provisions of this subchapter not to exceed one thousand
    fellowships for the fiscal year ending September 30, 1979, and each
    of the five succeeding fiscal years. Fellowships shall be awarded
    under the provisions of this subchapter for graduate study and
    research in those areas of applied science and engineering that are
    related to the production, conservation, and utilization of fuels
    and energy. Fellowships shall be awarded to students in programs
    leading to master's degrees. Such fellowships may be awarded for
    graduate study and research at any institution of higher education,
    library, archive, or any other research center approved by the
    Secretary of Energy after consultation with the Secretary of
    Education.
    (b) Term
      Such fellowships shall be awarded for such periods as the
    Secretary of Energy may determine, but not to exceed two years.
    (c) Replacement awards
      In addition to the number of fellowships authorized to be awarded
    by subsection (a) of this section, the Secretary of Energy is
    authorized to award fellowships equal to the number previously
    awarded during any fiscal year under this subchapter but vacated
    prior to the end of the period for which they were awarded; except
    that each fellowship awarded under this subsection shall be for
    such period of graduate work or research, not in excess of the
    remainder of the period for which the fellowship which it replaces
    was awarded as the Secretary of Energy may determine.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 901, Aug. 3, 1977, 91 Stat. 529;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 96-88, title III,
    Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677,
    692.)

-COD-
                               CODIFICATION                           
      In subsec. (a), the words "(hereafter referred to as
    'Administrator' in this subchapter)," which followed "Secretary of
    Energy" the first time it appears were omitted in view of the
    substitution of "Secretary of Energy" for "Administrator ERDA" and
    "Administrator" wherever such terms appear in this subchapter and
    the fact that the term "Secretary" is defined for the purposes of
    this chapter by section 1291(23) of this title as meaning the
    Secretary of the Interior. See Transfer of Functions note set out
    below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator
    ERDA" and "Administrator", meaning Administrator of Energy Research
    and Development Administration, pursuant to sections 301(a), 703,
    and 707 of Pub. L. 95-91, which are classified to sections 7151(a),
    7293, 7297 of Title 42, The Public Health and Welfare, and which
    terminated Energy Research and Development Administration and
    transferred its functions and functions of Administrator thereof
    (with certain exceptions) to Secretary of Energy.
      "Secretary of Education" substituted for "Commissioner of
    Education" in subsec. (a), pursuant to sections 301(a)(1) and 507
    of Pub. L. 96-88, which are classified to sections 3441(a)(1) and
    3507 of Title 20, Education, and which transferred all functions of
    Commissioner of Education to Secretary of Education.

-End-

-CITE-
    30 USC Sec. 1322                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1322. Fellowship recipients

-STATUTE-
      Recipients of fellowships under this subchapter shall be - 
        (a) persons who have been accepted by an institution of higher
      education for graduate study leading to an advanced degree or for
      a professional degree, and
        (b) persons who plan a career in the field of energy resources,
      production, or utilization.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 902, Aug. 3, 1977, 91 Stat. 530.)

-End-

-CITE-
    30 USC Sec. 1323                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1323. Distribution of fellowships

-STATUTE-
      In awarding fellowships under the provisions of this subchapter,
    the Secretary of Energy shall endeavor to provide equitable
    distribution of such fellowships throughout the Nation, except that
    the Secretary of Energy shall give special attention to
    institutions of higher education, libraries, archives, or other
    research centers which have a demonstrated capacity to offer
    courses of study or research in the field of energy resources and
    conservation and conversion and related disciplines. In carrying
    out his responsibilities under this section, the Secretary of
    Energy shall take into consideration the projected need for highly
    trained engineers and scientists in the field of energy sources.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 903, Aug. 3, 1977, 91 Stat. 530;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator",
    meaning Administrator of Energy Research and Development
    Administration, pursuant to sections 301(a), 703, and 707 of Pub.
    L. 95-91, which are classified to sections 7151(a), 7293, 7297 of
    Title 42, The Public Health and Welfare, and which terminated
    Energy Research and Development Administration and transferred its
    functions and functions of Administrator thereof (with certain
    exceptions) to Secretary of Energy.

-End-

-CITE-
    30 USC Sec. 1324                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1324. Stipends and allowances

-STATUTE-
      (a) Each person awarded a fellowship under this subchapter shall
    receive a stipend of not more than $10,000 for each academic year
    of study. An additional amount of $500 for each such calendar year
    of study shall be paid to such person on account of each of his
    dependents.
      (b) In addition to the amount paid to such person pursuant to
    subsection (a) of this section there shall be paid to the
    institution of higher education at which each such person is
    pursuing his course of study, 100 per centum of the amount paid to
    such person less the amount paid on account of such person's
    dependents, to such person less any amount charged such person for
    tuition.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 904, Aug. 3, 1977, 91 Stat. 530.)

-End-

-CITE-
    30 USC Sec. 1325                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1325. Limitation on fellowships

-STATUTE-
      No fellowship shall be awarded under this subchapter for study at
    a school or department of divinity. For the purpose of this
    section, the term "school or department of divinity" means an
    institution or department or branch of an institution, whose
    program is specifically for the education of students to prepare
    them to become ministers of religion or to enter upon some other
    religious vocation or to prepare them to teach theological
    subjects.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 905, Aug. 3, 1977, 91 Stat. 530.)

-End-

-CITE-
    30 USC Sec. 1326                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1326. Fellowship conditions

-STATUTE-
      (a) A person awarded a fellowship under the provisions of this
    subchapter shall continue to receive the payments provided in
    section 1324(a) of this title only during such periods as the
    Secretary of Energy finds that he is maintaining satisfactory
    proficiency in, and devoting essentially full time to, study or
    research in the field in which such fellowship was awarded, in an
    institution of higher education, and is not engaging in gainful
    employment other than part-time employment in teaching, research,
    or similar activities, approved by the Secretary of Energy.
      (b) The Secretary of Energy shall require reports containing such
    information in such forms and to be filed at such times as he
    determines necessary from each person awarded a fellowship under
    the provisions of this subchapter. Such reports shall be
    accompanied by a certificate from an appropriate official at the
    institution of higher education, library, archive, or other
    research center approved by the Secretary of Energy, stating that
    such person is making satisfactory progress in, and is devoting
    essentially full time to the research for which the fellowship was
    awarded.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 906, Aug. 3, 1977, 91 Stat. 530;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator",
    meaning Administrator of Energy Research and Development
    Administration, pursuant to sections 301(a), 703, and 707 of Pub.
    L. 95-91, which are classified to sections 7151(a), 7293, 7297 of
    Title 42, The Public Health and Welfare, and which terminated
    Energy Research and Development Administration and transferred its
    functions and functions of Administrator thereof (with certain
    exceptions) to Secretary of Energy.

-End-

-CITE-
    30 USC Sec. 1327                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1327. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated $11,000,000 for the
    fiscal year ending September 30, 1979, and for each of the five
    succeeding fiscal years. For payments for the initial awarding of
    fellowships awarded under this subchapter, there are authorized to
    be appropriated for the fiscal year ending September 30, 1979, and
    for each of the five succeeding fiscal years, such sums as may be
    necessary in order that fellowships already awarded might be
    completed.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 907, Aug. 3, 1977, 91 Stat. 531.)

-End-

-CITE-
    30 USC Sec. 1328                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1328. Research, development projects, etc., relating to
      alternative coal mining technologies

-STATUTE-
    (a) Authority of Secretary of the Interior to conduct, promote,
      etc.
      The Secretary of the Interior is authorized to conduct and
    promote the coordination and acceleration of, research, studies,
    surveys, experiments, demonstration projects, and training relating
    to - 
        (1) the development and application of coal mining technologies
      which provide alternatives to surface disturbance and which
      maximize the recovery of available coal resources, including the
      improvement of present underground mining methods, methods for
      the return of underground mining wastes to the mine void, methods
      for the underground mining of thick coal seams and very deep
      seams; and
        (2) safety and health in the application of such technologies,
      methods, and means.
    (b) Contracts and grants
      In conducting the activities authorized by this section, the
    Secretary of the Interior may enter into contracts with and make
    grants to qualified institutions, agencies, organizations, and
    persons.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary of the
    Interior, to carry out the purposes of this section, $35,000,000
    for each fiscal year beginning with the fiscal year 1979, and for
    each year thereafter for the next four years.
    (d) Publication in Federal Register; report to Congress
      At least sixty days before any funds are obligated for any
    research studies, surveys, experiments or demonstration projects to
    be conducted or financed under this chapter in any fiscal year, the
    Secretary of the Interior in consultation with the heads of other
    Federal agencies having the authority to conduct or finance such
    projects, shall determine and publish such determinations in the
    Federal Register that such projects are not being conducted or
    financed by any other Federal agency. On December 31 of each
    calendar year, the Secretary shall report to the Congress on the
    research studies, surveys, experiments or demonstration projects,
    conducted or financed under this chapter, including, but not
    limited to, a statement of the nature and purpose of each project,
    the Federal cost thereof, the identity and affiliation of the
    persons engaged in such projects, the expected completion date of
    the projects and the relationship of the projects to other such
    projects of a similar nature.
    (e) Availability of information to public
      Subject to the patent provisions of section 306(d) of this
    Act,(!1) all information and data resulting from any research
    studies, surveys, experiments, or demonstration projects conducted
    or financed under this chapter shall be promptly made available to
    the public.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 908, Aug. 3, 1977, 91 Stat. 531;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 97-257, title I, Sec.
    100, Sept. 10, 1982, 96 Stat. 841.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 306(d) of this Act, referred to in subsec. (e), was
    classified to section 1226(d) of this title and was omitted from
    the Code pursuant to the replacement of subchapter III (Sec. 1221
    et seq.) of this chapter by Pub. L. 98-409. See section 1226(c) of
    this title.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (d) of this section relating to requirement that on December 31 of
    each calendar year, the Secretary report to Congress on research
    studies, surveys, experiments or demonstration projects, conducted
    or financed under this chapter, see section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and page 109 of House Document No. 103-7.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Interior" substituted for "Secretary of Energy"
    in subsecs. (a) to (d) pursuant to section 100 of Pub. L. 97-257,
    which is set out as a note under section 7152 of Title 42, The
    Public Health and Welfare, and which transferred to, and vested in,
    Secretary of the Interior all functions vested in, or delegated to,
    Secretary of Energy and Department of Energy under this section.
      Previously, "Secretary of Energy" was substituted for
    "Administrator", meaning Administrator of Energy Research and
    Development Administration, in subsecs. (a) to (d) pursuant to
    sections 301(a), 703, and 707 of Pub. L. 95-91, which are
    classified to sections 7151(a), 7293, 7297 of Title 42, and which
    terminated Energy Research and Development Administration and
    transferred its functions and functions of Administrator thereof
    (with certain exceptions) to Secretary of Energy.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-