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30 U.S.C. § 1293 (MINERAL LANDS AND MINING)
§ 1293. Employee protection
(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.
(Pub. L. 95–87, title VII, § 703, Aug. 3, 1977, 91 Stat. 520.)
30 U.S.C. § 1294 (MINERAL LANDS AND MINING)
§ 1294. Penalty
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.
(Pub. L. 95–87, title VII, § 704, Aug. 3, 1977, 91 Stat. 520.)
heading: Codification
text: Section 704 of Pub. L. 95–87 also amended section 1114 of Title 18, Crimes and Criminal Procedure.
30 U.S.C. § 1295 (MINERAL LANDS AND MINING)
§ 1295. Grants to States
(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.
(Pub. L. 95–87, title VII, § 705, Aug. 3, 1977, 91 Stat. 520.)
30 U.S.C. § 1296 (MINERAL LANDS AND MINING)
§ 1296. Annual report to President and Congress
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.
(Pub. L. 95–87, title VII, § 706, Aug. 3, 1977, 91 Stat. 521.)
heading: Termination of Reporting Requirements
text: 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.
30 U.S.C. § 1297 (MINERAL LANDS AND MINING)
§ 1297. Separability
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.
(Pub. L. 95–87, title VII, § 707, Aug. 3, 1977, 91 Stat. 521.)
30 U.S.C. § 1298 (MINERAL LANDS AND MINING)
§ 1298. Alaskan surface coal mine study
(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.
(Pub. L. 95–87, title VII, § 708, Aug. 3, 1977, 91 Stat. 521.)
30 U.S.C. § 1299 (MINERAL LANDS AND MINING)
§ 1299. Study of reclamation standards for surface mining of other minerals
(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.
(Pub. L. 95–87, title VII, § 709, Aug. 3, 1977, 91 Stat. 522.)
30 U.S.C. § 1301 (MINERAL LANDS AND MINING)
§ 1301. Environmental practices
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.
(Pub. L. 95–87, title VII, § 711, Aug. 3, 1977, 91 Stat. 523.)
30 U.S.C. § 1303 (MINERAL LANDS AND MINING)
§ 1303. Coordination of regulatory and inspection activities
(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.
(Pub. L. 95–87, title VII, § 713, Aug. 3, 1977, 91 Stat. 524.)
heading: References in Text
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 (§ 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, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 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 (§ 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.
30 U.S.C. § 1304 (MINERAL LANDS AND MINING)
§ 1304. Surface owner protection
(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.
(Pub. L. 95–87, title VII, § 714, Aug. 3, 1977, 91 Stat. 524.)
30 U.S.C. § 1305 (MINERAL LANDS AND MINING)
§ 1305. Federal lessee protection
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.
(Pub. L. 95–87, title VII, § 715, Aug. 3, 1977, 91 Stat. 525.)
30 U.S.C. § 1306 (MINERAL LANDS AND MINING)
§ 1306. Effect on rights of owner of coal in Alaska to conduct surface mining operations
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.
(Pub. L. 95–87, title VII, § 716, Aug. 3, 1977, 91 Stat. 526.)
heading: References in Text
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 (§ 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.
30 U.S.C. § 1307 (MINERAL LANDS AND MINING)
§ 1307. Water rights and replacement
(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.
(Pub. L. 95–87, title VII, § 717, Aug. 3, 1977, 91 Stat. 526.)
30 U.S.C. § 1308 (MINERAL LANDS AND MINING)
§ 1308. Advance appropriations
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.
(Pub. L. 95–87, title VII, § 718, Aug. 3, 1977, 91 Stat. 526.)
30 U.S.C. § 1308a (MINERAL LANDS AND MINING)
§ 1308a. Use of civil penalty funds to reclaim lands
In fiscal year 2009 and thereafter, the Secretary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected for civil penalties assessed under section 1268 of this title, to reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended.
(Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 712.)
heading: Codification
text: Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter.
30 U.S.C. § 1309 (MINERAL LANDS AND MINING)
§ 1309. Certification and training of blasters
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.
(Pub. L. 95–87, title VII, § 719, Aug. 3, 1977, 91 Stat. 526.)