Surface Mining Control and Reclamation Act
PL 95-87 (H.R.2), enacted 08/03/1977

PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 445 
PubHcLaw95-87 
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95th Congress 
An Act 
To provide for the cooperation between the Secretary of the Interior ano the 
Aug. 3, 1977 
States with respect to the regulation of surface coal mining operations, and 
[H.R. 2] 
the acquisition and reclamation of abandoned mines, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That this Act Surface Mining 
may be cited as the "Surface Mining Control and Eeclamation Act Control and 
of 1977". 
Reclamation Act 
TABLE OF CONTENTS 
^} 1977. 
30 u s e 1201 
TITLE I—STATEMENT OF FINDINGS AND POLICY 
note. 
Sec. 101. Findings. 
Sec. 102. Purposes. 
TITLE II—OFFICE OF SURFACE MINING RECLAMATION AND 
ENFORCEMENT 
Sec. 201. Creation of the Office. 
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TITLE III—STATE MINING AND MINERAL RESOURCES AND RESEARCH 
INSTITUTES 
Sec. 301. Authorization of State allotments to institutes. 
Sec. 302. Research funds to institutes. 
Sec. 303. Funding criteria. 
Sec. 304. Duties of the Secretary. 
Sec. 305. Autonomy. 
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Sec. 306. Miscellaneous provisions. 
Sec. 307. Center for cataloging. 
Sec. 308. Interagency cooperation. 
Sec. 309. Advisory committee. 
TITLE IV—ABANDONED MINE RECLAMATION 
Sec. 401. Abandoned Mine Reclamation Fund and purposes. 
Sec. 402. Reclamation fee. 
Sec. 403. Objectives of fund. 
Sec. 404. Eligible lands and water. 
Sec. 405. State reclamation programs. 
Sec. 406. Reclamation of rural lands. 
Sec. 407. Acquisition and reclamation of land adversely affected by past coal 
mining practices. 
Sec. 408. Liens. 
Sec. 409. Filling voids and sealing tunnels. 
Sec. 410. Emergency powers. 
Sec. 411. Fund report. 
Sec. 412. Miscellaneous powers. 
Sec. 413. Interagency cooperation. 
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TITLE V—CONTROL OF THE ENVIRONMENTAL IMPACTS OF 
SURFACE COAL MINING 
Sec. 501. Environmental protection standards. 
Sec. 502. Initial regulatory procedures. 
Sec. 503. State programs. 
Sec. 504. Federal programs. 
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91 STAT. 446 
PUBLIC LAW 95-87—AUG. 3, 1977 
TITLE V—CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE 
COAL MINING—Continued 
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Sec. 505. State laws. 
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Sec. 506. Permits. 
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Sec. 507. Application requirements. 
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Sec. 508. Reclamation plan requirements. 
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Sec. 509. Performance bonds. 
Sec. 510. Permit approval or denial. 
Sec. 511. Revision of permits. 
Sec. 512. Coal exploration and permits. 
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Sec. 513. Public notice and public hearings. 
Sec. 514. Decisions of regulatory authority and appeals. 
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Sec. 515. Environmental protection performance standards. 
Sec. 516. Surface effects of underground coal mining operations. 
qr 1 
Sec. 517. Inspections and monitoring. 
Sec. 518. Penalties. 
Sec. 519. Release of performance bonds or deposits. 
Sec. 520. Citizen suits. 
Sec. 521. Enforcement. 
Sec. 522. Designating areas unsuitable for surface coal mining. 
Sec. 523. Federal lands. 
Sec. 524. Public agencies, public utilities, and public corporations. 
Sec. 525. Review by Secretary. 
Sec. 526. Judicial review. 
Sec. 527. Special bituminous coal mines. 
if: 
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Sec. 528. Surface mining operations not subject to this Act. 
Sec. 529. Anthracite coal mines. 
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TITLE VI—DESIGNATION OF LANDS UNSUITABLE FOR 
NONCOAL MINING 
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Sec. 601. Designation procedures. 
TITLE VII—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 
Sec. 701. Definitions. 
Sec. 702. Other Federal laws. 
Sec. 703. Employee protection. 
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Sec. 704. Protection of Government employees. 
Sec. 705. Grants to the States. 
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Sec. 706. Annual report. 
Sec. 707. Severability. 
S^c. 708. Alaskan surface coal mine study. 
Sec. 709. Study of reclamation standards for surface mining of other minerals. 
Sec. 710. Indian lands. 
Sec. 711. Experimental practices. 
Sec. 712. Authorization of appropriations. 
Sec. 713. Coordination of regulatory and inspection activities. 
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Sec. 714. Surface owner protection. 
Sec. 715. Federal lessee protection. 
Sec. 716. Alaska coal. 
Sec. 717. Water rights and replacement. 
Sec. 718. Advance appropriations. 
Sec. 719. Certification and training of blasters. 
TITLE VIII—UNIVERSITY COAL RESEARCH LABORATORIES 
Sec. 801. Establishment of university coal research laboratories. 
Sec. 802. Financial assistance. 
Sec. 803. Limitation of payments. 
Sec. 804. Payments. 
Sec. 805. Advisory Council on Coal Research. 
Sec. 806. Authorization of appropriations. 
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PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 447 
TITLE IX—ENERGY RESOURCE GRADUATE FELLOWSHIPS 
Sec. 901. Program authorized. 
Sec. 902. Awarding of fellowsliips. 
Sec. 903. Distribution of fellowships. 
Sec. 904. Stipends and institutions of higher education allowances. 
Sec. 905. Limitation. 
Sec. 906. Fellowship conditions. 
Sec. 907. Appropriations authorized. 
Sec. 908. Research and demonstration projects of alternative coal mining 
technologies. 
TITLE I—STATEMENT OF FINDINGS AND POLICY 
FINDINGS 
SEC. 101. The Congress finds and declares that— 
30 USC 1201. 
(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 con-
stitutes one method of extraction of the resource; the overwhelm-
ing 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, agri-
cultural, 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 dam-. 
aging the property of citizens, by creating hazards dangerous to 
life and property by degrading the quality of life in local com-
munities, 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 produc-
tivity of the soil and to protect the health and safety of the public. 
(e) surface mining and reclamation technology are now devel-
oped 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 Act 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, chemi-
cal, and other physical conditions in areas subject to mining oper-
ations, the primary governmental responsibility for developing, 
authorizing, issuing, and enforcing regulations for surface mining 
and reclamation operations subject to this Act should rest with 
the States: 
(g) surface mining and reclamation standards are essential in 
order to insure that comnetition in interstate commerce among 
sellers of coal produced in different States will not be used to 
91 STAT. 448 
PUBLIC LAW 95-87—AUG. 3, 1977 
undermine the ability of the several States to improve and main-
tain 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 con-
ducted, 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,K r v- ; i\F. 
(j) surface and underground coal mining operations affect 
interstate commerce, contribute to the economic well-being, secu-
rity, and general welfare of the Nation and should be conducted 
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in an environmentally sound manner; and 
(k) the cooperative effort established by this Act is necessary 
to prevent or mitigate adverse environmental effects of present 
and future surface coal mining operations. 
PURPOSES 
30 use 1202. 
SEC. 102. It is the purpose of this Act 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 oper-ations are not conducted 
where reclamation as required by this Act 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 
reauirements, and to its economic and social well-being is pro-
vided 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 pro-
gram to achieve the purposes of this Act; 
(h) promote the reclamation of mined areas left without ade-
quate reclamation prior to the enactment of this Act 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 
puijlic participation in the development, revision, and enforce-
ment of regulations, standards, reclamation plans, or programs 
established by the Secretary or any State under this Act; 
(j) provide a means for development of fhe data and analyses 
necessary to establish effective and reasonable regulation of sur-
face mining operations for other minerals; 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. M9 
(k) encourage the full utilization of coal resources through 
the development and application of underground extraction 
technologies; 
(1) 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 appro-
priate research and training center in various States; and 
(m) wherever necessary, exercise the full reach of Federal con-
stitutional powers to insure the protection of the public interest 
through effective control of surface coal mining operations. 
TITLE II—OFFICE OF SUEFACE MINING KECLAMATION 
AND ENFORCEMENT 
CREATION OF THE OFFICE 
Establishment. 
30 use 1211. 
Director. 
5 use 5315. 
SEC. 201. (a) There is established in the Department of the Interior, 
the Office of Surface Mining Reclamation and Enforcement (herein-
after referred to as the "Office"). 
(b) 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 IV of the Executive 
Schedule under section 5315 of the United States Code, and such other 
employees as may be required. Pursuant to section 5108, title 5, and 
after consultation with the Secretary, a majority of members of the 
Civil Service Commission shall determine the necessary number of 
positions in general schedule employees in grade 16, 17, and 18 to 5 USe 5332 note, 
perform functions of this title 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 relat-
ing to the functions of the Office which the Secretary may assign, con-
sistent with this Act. Employees of the Office shall be recruited on the 
basis of their professional competence and capacity to administer the 
provisions of this Act. The Office may use, on a reimbursable basis 
when appropriate, employees of the Department and other Federal 
agencies to administer the provisions of this Act, 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 30 USe 801 note. 
(83 Stat. 742), shall be transferred to the Office. 
(c) The Secretary, acting through the Office, shall— 
(1) administer the programs for controlling surface coal min-
ing operations which are required by this Act; 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 Act; conduct hearings, administer oaths, issue subpenas, and 
compel the attendance of witnesses and production of written or 
printed material as provided for in this Act; issue cease-and-desist 
orders; review and vacate or modify or approve orders and deci-
sions ; and order the suspension, revocation, or withholding of any 
permit for failure to comply with any of the provisions of this 
Act or any rules and regulations adopted pursuant thereto; 
91 STAT. 450 
PUBLIC LAW 95-87—AUG. 3, 1977 
Rules and 
regulations. 
Post, p. 507. 
Publication in 
Federal Register. 
30 u s e 801 note. 
Conflict of 
interest. 
Penalties. 
(2) publish and promulgate such rules and regulations as may 
be necessary to carry out the purposes and provisions of this Act; 
(3) administer the State grant-in-aid program for the develop-
ment of State programs for surface and mining and reclamation 
operations provided for in title V of this Act; 
(4) administer the program for the purchase and reclamation 
of abandoned and unreclaimed mined areas pursuant to title IV of 
this Act; 
(5) administer the surface mining and reclamation research 
and demonstration project authority provided for in this Act; 
(6) consult with other agencies of the Federal Government hav-
ing 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 rec-
lamation 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 con-
ducting or concerned with land use planning and agencies con-
cerned 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 the Act, and at the same time, reflect local require-
ments 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 522; 
(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 environ-
mental and social impacts; 
(12) cooperate with other Federal agencies and State regulatory 
authorities to minimize duplication cf inspections, enforcement, 
and administration of this Act; and 
(13) perform such other duties as may be provided by law and 
relate to the purposes of this Act. 
(d) 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, 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) The Office shall be considered an independent Federal regulatory 
agency for the purposes of sections 3502 and 3512 of title 44 of the 
United States Code. 
(f) No employee of the Office or any other Federal employee per-
forming any function or duty under this Act 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. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 451 
The Director shall (1) within sixty days after enactment of this Act 
publish regulations, in accordance with section 553 of title 5, United 
States Code, to establish the methods by which the provisions of this 
subsection will be monitored and enforced, including appropriate pro-
visions 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 706) on the actions taken and not taken 
during the preceding calendar year under this subsection. 
(g) (1) After the Secretary has adopted the regulations required by 
section 501 of this Act, any person may petition the Director to initiate 
a proceeding for the issuance, amendment, or repeal of a rule under this 
Act. 
(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 Act. 
(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 para-
graph (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 
Act. If the Director denies such petition, the Director shall so notify 
the petitioner in writing setting forth the reasons for such denial. 
T I T L E I I I — S T A T E MINING AND M I N E R A L R E S O U R C E S 
AND R E S E A R C H 
I N S T I T U T E S 
Regulations. 
Report to 
Congress. 
Post, p. 521. 
Petition. 
Filing. 
Hearing or 
investigation. 
Notification. 
AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES 
SEC. 301. (a) There are authorized to be appropriated to the Sec-
retary of the Interior sums adequate to provide for each participating 
State $200,000 for fiscal year 1978, $300,000 for fiscal year 1979, and 
$400,000 for each fiscal year thereafter for five years, to assist the 
States in carrying on the work of a competent and qualified min-
ing and mineral resources research institute, or center (hereinafter 
referred to as "institute") at one public college or university in the 
State which has in existence at the time of enactment of this title a 
school of mines, or division, or department conducting a program of 
substantial instruction and research in mining or minerals extraction 
or which establishes such a school of mines, or division, or department 
subsequent to the enactment of this title and which school of mines, 
or division or department shall have been in existence for at least 
two years. The Advis-ory Committee on Mining and Minerals Resources 
Research as created by tliis title shall determine a college or university 
to have an eligible school of mines, or division or department conduct-
ing a program of substantial instruction and researcli in mining or 
minerals extraction wherein education and research in the minerals 
engineering fields are being carried out and wherein at least four 
full-time permanent faculty members are employed: Provided, 
That— 
(1) such moneys when appropriated shall be made available to 
match, on a dollar-for-dollar basis, non-Federal funds which shall 
be at least equal to tlie Federal share to support the institute; 
(2) if there is more than one such eligible college or university 
in a State, funds under this title shall, in the absence of a designa-
tion to the contrary by act of the legislature of the State, be paid 
30 use 1221. 
91 STAT. 452 
PUBLIC LAW 95-87—AUG. 3, 1977 
to one such college or university designated by the Governor of the 
State; and 
(3) where a State does not have a public college or university 
with an eligible school of mines, or division, or department con-
ducting a program of substantial instruction and research in min-
ing or mineral extraction, said advisory committee may allocate 
the State's allotment to one private college or university which it 
determines to have an eligible school of mines, or division, or 
department as provided herein, 
(b) It shall be the duty of each such institute to plan and conduct 
and/or arrange for a component or components of the college or uni-
versity with which it is affiliated to conduct competent research, inve.s-
tigations, demonstrations, and experiments of either a basic or practical 
nature, or both, 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. Such 
r'esearch, investigations, demonstrations, experiments, and training 
may include, without being limited; exploration; extraction; process-
ing; and development; production of mineral resources; mining and 
mineral technology; supply and demand for minerals; consei-vation 
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, 
having due regard to the interrelation on the natural environment, the 
varying conditions and needs of the respective States, and to mining 
and mineral resources research projects being conducted by agencies of 
the Federal and State governments, and other institutes. 
Appropriation 
authorization. 
30 use 1222. 
Application, 
contents. 
RESEARCH FUNDS TO INSTITUTES 
SEC. 302. (a) There is authorized to be appropriated annually for 
seven years to the Secretary of the Interior the sum of $15,000,000 in 
fiscal year 1978, said sum increased by $2,000,000 each fiscal year there-
after for six years, which shall remain available until expended. Such 
moneys when appropriated shall be made available to institutes to meet 
the necessaiy expenses for purposes of: 
(1) specific mineral research and demonstration projects of 
industrywide application, which could not otherwise be under-
taken, 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 may be deemed desirable and are not otherwise being 
studied. 
(b) Each application for a grant pursuant to subsection (a) of this 
section shall, among other things, state the nature of the project to be 
undertaken, the period during which it will be pursued, the qualifica-
tions of the personnel who will direct and conduct it, the estimated 
costs, the importance of the project to the Nation, region, or State con-
cerned, and its relation to other known research projects theretofore 
pursued or being pursued, and the extent to which it 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) The Secretary shall, insofar as it is practicable, utilize the facil-
ities of institutes designated in section 301 of this title to perforin 
such special research, authorized by this section, and shall select the 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 453 
institutes for the perfonnance of such special research on the basis 
of the qualifications without regard to race or sex of the personnel who 
will conduct and direct it, and on the basis of the facilities available in 
relation to the particular needs of the research project, special geo-
graphic, geologic, or climatic conditions within the immediate vicinity 
of the institute in relation to any special re(juirements of the research 
project, and the extent to which it will provide opportunity for train-
ing individuals as mineral engineers and scientists. The Secretary 
may designate and utilize such portions of the funds authorized to be 
appropriated by this section as he deems appropriate for the purpose 
of providing scholarships, graduate fellowships, and postdoctoral 
fellowships. 
(d) No grant shall be made under subsection (a) of this section 
except for a project approved by the Secretary of the Interior and all 
grants shall be made 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) No portion of any grant 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. 
FUNDING CRITERIA 
SEC. 308. (a) Sums available to institutes under the terms of sec-
tions 301 and 302 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 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; set forth policies 
and procedures which assure that Federal funds made available under 
this title for any fiscal year will supplement and, to the extent prac-
ticable, increase the level of funds that would, in the absence of such 
Federal funds, be made available for purposes of this title, and in no 
case supplant such funds; have an officer appointed by its governing 
authority who shall receive and account for all funds paid under the 
provisions of this title and shall make an annual report to the Secre-
tary 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 title during the preceding fiscal year, and of its disbursements on 
schedules prescribed by the Secretary. If any of the moneys received 
by the authorized receiving officer of any institute under the provisions 
of this title shall by any action or contingency be found by the Secre-
tary to have been improperly diminished, lost, or misapplied, it 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) Moneys appropriated pursuant to this title shall be available for 
expenses for research, investigations, experiments, and training con-
ducted imder authority of this title. The institutes are hereby 
authorized and encouraged to plan and conduct programs under this 
title 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, and moneys appropriated pur-
suant to this title shall be available for paying the necessary expenses 
of planning, coordinating, and conducting such cooperative research. 
Payment. 
30 use 1223. 
Plan. 
Annual report to 
Secretary of the 
Interior. 
91 STAT. 454 
PUBLIC LAW 95-87—AUG. 3, 1977 
Consultation. 
Rules and 
regulations. 
30 use 1224. 
Annual report to 
Congress. 
DUTIES OF THE SECRETARY 
SEC. 304. (a) The Secretary of the Interior is hereby charged with 
the responsibility for the proper administration of this title and, after 
full consultation with other interested Federal agencies, shall prescribe 
such rules and regulations as may be necessary to carry out, its provi-
sions. The Secretai-y shall furnish such advice and assistance as will 
best promote the purposes of this title, participate in coordinating 
research initiated under this title by the institutes, indicate to them 
such lines of inquiry as to liim seem most important, and encourage 
and assist in the establishment and maintenance of cooperation by 
and between the institutes and between them and other research orga-
nizations, the United States Department of the Interior, and other 
Federal establishments. 
(b) On or before the 1st day of July in each year after the passage 
of this title, the Secretary shall ascertain whether- the i-equirements of 
section 303(a) have been met as to each institute and State. 
(c) The Secretary shall make an annual report to tlie Congress of 
the receipts, expenditures, and work of the institutes in all States under 
the provisions of this title. The Secretary's report shall indicate 
whether any portion of an appropriation available for allotment to any 
State has been withheld and, if so, the reason therefor. 
AUTONOMY 
30 use 1225. 
SEC. 305. Nothing in this title 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 
title shall in any way be construed to authorize Federal control or 
direction of education at any college or university. 
MISCELLANEOUS PROVISIONS 
30 use 1226. 
S E C 306. (a) The Secretary of the Interior shall obtain the con-
tinuing advice and cooperation of all agencies of the Federal Govern-
ment concerned with mining and mineral resources, of State and local 
governments, and of private institutions and individuals to assure that 
' ' ' 
the programs authorized in this title will supplement and not dupli-
cate established mining and minerals research programs, to stimulate 
research in otherwise neglected areas, and to contribute to a com-
prehensive nationwide program of mining and minerals research, 
having due regard for the protection and conservation of the environ-
Information, 
ment. The Secretary shall make generally available information and 
availability to 
reports on projects completed, in progress, or planned under the pro-
public, 
visions of this title, in addition to any direct publication of informa-
tion by the institutes themselves. 
(b) Nothing in this title is intended to give or shall be construed 
as giving the Secretary of the Interior any authority over mining and 
mineral resources research conducted by any agency of the Federal 
Government, or as repealing, superseding, or diminishing existing 
authorities or responsibilities of any agency of the Federal Govern-
ment to plan and conduct, contract for, or assist in research in its area 
of responsibility and concern with mining and mineral resources. 
Contracts. 
(c) Contracts or other arrangements for mining and mineral 
resources research work authorized under this title with an institute, 
educational institution, or nonprofit organization may be undertaken 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 455 
without regard to the provisions of section 3684 of the Revised Stat-
utes (31 U.S.C. 529) when, in the judgment of the Secretary of the 
Interior, advance payments of initial expense are necessary to facili-
tate such work: Provided, That authority to make payments under 
this subsection shall be effective only to such extent or in such amounts 
as are provided in advance by appropriation Acts. 
(d)- Xo research, demonstration, or experiment shall be carried out 
under this Act by an institute financed by grants under this Act, 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, 'be available promptly to the 
general public. 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. There are 
authorized to be appropriated such sums as are necessary for the print-
ing and publishing of the results of activities carried out by institutes 
under the provisions of this Act and for administrative planning and 
direction, but such appropriations shall not exceed $1,000,000 in any 
fiscal year: Provided, That no new budget authority is authorized to 
be appropriated for fiscal year 1977. 
Research, results 
available to 
public. 
Appropriation 
authorization. 
CENTER FOR CATALOGING 
SEC. 307. 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 catalog-
ing 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. 
30 use 1227. 
INTERAGENCY COOPERATION 
SEC. 308. The President shall, by such means as he deems appropri- 30 USC 1228. 
ate, clarify agency responsibility for Federal mining and mineral 
resources research and provide for interagency coordination of such 
research, including the research authorized by this title. Such coordina-
tion shall include— 
(a) continuing review of the adequacy of the Government-wide 
program in mining and mineral resources research; 
(b) identification and elimination of duplication and overlap 
between two or more agency programs; 
; : 
(c) identification of technical needs in various mining and min-
eral resources research categories; 
(d) recommendations with respect to allocation of technical 
effort among Federal agencies; 
(e) review of technical manpower needs and findings con-
cerning management policies to improve the quality of the 
Government-wide research effort; and 
(f) actions to facilitate interagency communication at man-
agement levels. 
ADVISORY COMMITTEE 
SEC. 309. (a) The Secretaiy of the Interior shall appoint an Advi-
sory Qommittee on Mining and Mineral Research composed of— 
Advisory 
Committee on 
Mining and 
Mineral Research, 
appointment. 
30 USC 1229. 
91 STAT. 456 
PUBLIC LAW 95-87—AUG. 3, 1977 
Chairman. 
* 
Consultation and 
recommendations. 
Compensation 
and travel 
expenses. 
5 u s e 5332 note. 
(1) the Director, Bureau of Mines, or his delegate, with his 
consent; 
(2) the Director of the National Science Foundation, or his 
delegate, with his consent; 
(3) the President, National Academy of Sciences, or his dele-
gate, with his consent; 
(4) the President, National Academy of Engineering, or his 
delegate, with his consent; 
(5) the Director, United States Geological Survey, or his dele-
gate, with his consent; and 
(6) not more than four other persons who are knowledgeable 
in the fields of mining and mineral resources research, at least 
one of whom shall be a representative of working coal miners. 
(b) The Secretary shall designate the Chainnan of the Advisory 
Committee. The Advisory Committee shall consult with, and make 
recommendations to, the Secretary of the Interior on all matters 
involving or relating to mining and mineral resources research and 
such determinations as provided in this title. The Secretary of the 
Interior shall consult with, and consider recommendations of such 
Committee in the conduct of mining and mineral resources research 
and the making of any grant under this title. 
(c) Advisory Committee members, other than officers or employees 
of Federal, State, or local governments, shall be, for each day (includ-
ing traveltime) during which they are performing committee business, 
entitled to receive compensation at a rate fixed by the Secretary but 
not in excess of the maximum rate of pay for grade GS-18 as provided 
in the General Schedule under section 5332 of title 5 of the United 
States Code, and shall, notwithstanding the limitations of sections 
5703 and 5704 of title 5. ITnited States Code, be fully reimbursed for 
travel, subsistence, and related expenses. 
TITLE IV—ABANDONED MINE RECLAMATION 
Federal and State 
abandoned mine 
reclamation 
funds. 
30 use 1231. 
Deposits. 
Reclamation fees. 
User charges. 
Donations. 
ABANDONED MINE RECLAMATION FUND AND PURPOSES 
SEC. 401. (a) There is created on the books of the Treasury of the 
United States a trust fund to be known as the Abandoned Mine Rec-
lamation 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 title 
shall be established by each State pursuant to an approved State 
program. 
(b) The fund shall consist of amounts deposited in the fund, from 
time to time derived from— 
(1) the reclamation fees levied under section 402 of this Act: 
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 507(c), subject to appropriation pursuant to authoriza-
tion under section 712: Provided further^ That not more than 
$10,000,000 shall be available for such purposes; 
(2) any user charge imposed on or for land reclaimed pursuant 
to this title, after expenditures for maintenance have been 
deducted; 
(3) donations by persons, corporations, associations, and foun-
dations for the purposes of this title; and 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 457 
(4) recovered moneys as provided for in this title, 
(c) 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 dis-
posal 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, treat-
ment, and control of water pollution created by coal mine drain-
age 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; and prevention, abatement, and control of coal mine 
subsidence; 
(2) for use under section 406, 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 Agricultui'e for such purposes; 
(3) acquisition and filling of voids and sealing of tunnels, 
shafts, and entry 
ways under section 409; 
(4) acquisition of land as provided for in this title; 
(5) enforcement and collection of the reclamation fee provided 
for in section 402 of this title; 
(6) studies by the Department of the Interior by contract to 
such extent or in such amounts as are provided in appropriation 
Acts with public and private organizations to provide informa-
tion, advice, and technical assistance, including research and 
demonstration projects, conducted for the purposes of this title; 
(7) restoration, reclamation, abatement, control, or prevention 
of adverse effects of coal mining which constitutes an emergency 
as provided for in this title; 
(8) grants to the States to accomplish the purposes of this title; 
(9) administrative expenses of the United States and each 
State to accomplish the purposes of this title; and 
(10) all other necessary expenses to accomplish the purposes of 
this title. 
(d) Moneys from the fund shall be available for the purposes of this 
title, only when appropriated therefor, and such appropriations shall 
be made without fiscal year limitations. 
Recovered 
moneys. 
Fund moneys, 
use. 
RECLAMATION FEE 
SEC. 402. (a) All operators of coal mining operations subject to 
the provisions of this Act shall pay to the Secretary of the Interior, 
for deposit in the fund, a reclamation fee of 35 cents per ton of coal 
produced by surface coal mining and 15 cents per ton of coal produced 
by underground mining or 10 per centum of the value of the coal at 
the mine, as determined bv 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 10 cents per ton, whichever is 
less. 
(b) Such fee shall be paid no later than thirty days after the end 
of each calendar quarter beginning Avith the first calendar quarter 
occurring after the date of enactment of this Act, and ending fifteen 
years after the date of enactment of this Act unless extended by an 
Act of Congress. 
Payment. 
30 use 1232. 
91 STAT. 458 
PUBLIC LAW 95-87—AUG. 3, 1977 
Statements. 
Penalty. 
Geographic 
allocation. 
State or Indian 
reservation, 
allocation. 
30 u s e 181 note. 
31 u s e 1601 et 
seq. 
(c) 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. 
(d) Any person, corporate officer, agent or director, on behalf of a 
coal mine operator, who knowingly makes any false statement, repre-
sentation or certification, or knowingly fails to make any statement, 
representation or certification required in this section shall, upon con-
viction, be punished by a fine of not more than $10,000, or by imprison-
ment for not more than one year, or both. 
(e) Any portion of the reclamation fee not properly or promptly 
paid pursuant to this section shall be recoverable, with statutory inter-
est, from coal mine operators, in any court of competent jurisdiction 
in any action at law to compel payment of debts. 
(f) All Federal and State agencies shall fully cooperate with the 
Secretary of the Interior in the enforcement of this section. 
(g) (1) The geographic allocation of expenditures from the fund 
shall reflect both the area from which the revenue was derived as well 
as the national program needs for the funds. 
(2) Fifty per centum of the funds collected annually in any State 
or Indian reservation shall be allocated to that State or Indian reserva-
tion by the Secretary pursuant to any approved abandoned mine recla-
mation program to accomplish the purposes of this title. Where the 
Governor of a State or the head of a governing body of a tribe certifies 
that (i) objectives of the fund set forth in sections 403 and 409 have 
been achieved, (ii) there is a need for construction of specific public 
facilities in communities impacted by coal development, (iii) impact 
funds which may be available under provisions of the Federal Mineral 
Leasing xVct of 1920, as amended, or the Act of October 20,1976, Public 
Law 94-565 (90 Stat. 2662), are inadequate for such construction, and 
(iv) the Secretary concurs in such certification, then the Secretary may 
continue to allocate all or part of the 50 per centum share to that State 
or tribe for such construction: Provided^ however^ That if funds 
under this subparagraph (2) have not been expended within three 
years after their allocation, they shall be available for expenditure in 
any eligible area as determined by the Secretary. 
(3) The balance of funds collected on an annual basis may be 
expended in any State at the discretion of the Secretary in order to 
meet the purposes of this title. Such funds may be expended directly 
by the Secretary or by making additional grants to approved State 
reclamation programs pursuant to section 405 when the Secretary finds 
that such programs are the best means of accomplishing the specific 
reclamation projects. The Secretary shall consult and coordinate with 
the respective Sitates those projects funded directly or in conjunction 
with other Federal agencies. 
OBJECTIVES o r FUND 
30 use 1233. 
SEC. 403. Expenditure of moneys from the fund on lands and water 
eligible pursuant to section 404 for the purposes of this title shall reflect 
the following priorities in the order stated: 
(1) the protection of public health, safety, general welfare, and 
property from extreme danger of adverse effects of coal mining 
practices; 
(2) the protection of public health, safety, and general welfare 
from adverse effects of coal mining practices; 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 459 
(3) the restoration of land and water resources and the 
environment previously degraded by adverse effects of coal min-
ing practices including measures for the conservation and devel-
opment of soil, water (excluding channelization), woodland, fish 
and wildlife, recreation resources, and agricultural productivity. 
(4) research and demonstration projects relating to the devel-
opment of surface mining reclamation and water quality control 
program methods and techniques; 
(5) the protection, repair, replacement, construction, or 
enhancement of public facilities such as utilities, roads, recreation, 
and conservation facilities adversely affected by coal mining 
practices; 
(6) the development of publicly owned land adversely affected 
by coal mining practices including land acquired as provided in 
this title for recreation and historic purposes, conservation, and 
reclamation purposes and open space benefits. 
ELIGIBLE LANDS AND WATER 
SEC. 404. Lands and water eligible for reclamation or drainage 30 USC 1234. 
abatement expenditures under this title are those which were mined 
for coal or which were affected by such mining, wastebanks, coal 
processing, or other coal mining processes, and abandoned or left in 
an inadequate reclamation status prior to the date of enactment of 
this Act, and for which there is no continuing reclamation responsi-
bility \mder State or other Federal laws. 
STATE RECLAMATION PROGRAMS 
SEC. 405. (a) Not later than the end of the one hundred and eighty- Publication in 
day period immediately following the date of enactment of this Act, Federal Register, 
the Secretary shall promulgate and publish in the Federal Register ^^ ^^^ \.M>Xi. 
regulations covering implementation of an abandoned mine reclama-
tion program incorporating the provisions of title IV and establishing 
procedures and requirements for perparation, submission, and 
approval of State programs consisting of the plan and annual submis-
sions of projects. 
(b) Each State having within its borders coal mined lands eligible State 
for reclamation under this title, may submit to the Secretary a State Reclamation Plan. 
Reclamation Plan and annual projects to carry out the purposes of 
this title. 
(c) 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 503 of this 
Act. 
(d) If the Secretary determines that a State has developed and sub-
mitted a program for reclamation of abandoned mines and has the 
ability and necessary State legislation to implement the provisions of 
this title, sections 402 and 410 excepted, the Secretary shall approve 
such State program and shall grant to the State exclusive responsi-
bility and authority to implement the provisions of the approved pro-
gram: Provided^ That the Secretary shall withdraw such approval 
and authorization if he determines upon the basis of information pro-
vided under this section that the State program is not in compliance 
with the procedures, guidelines, and requirements established under 
, % -, 
subsection405(a). 
. . \.''\' 
(e) Each State Reclamation Plan shall generally identify the areas 
to be reclaimed, the purposes for which the reclamation is proposed, 
91 STAT. 460 
PUBLIC LAW 95-87—AUG. 3, 1977 
Application. 
Contents. 
Program 
monitorship. 
Annual and other 
reports. 
the relationship of the lands to be reclaimed and the proposed reclama-
tion to surrounding areas, the specific criteria for ranking and 
identifying projects to be funded, and the legal authority and pro-
grammatic capability to perform such work in conformance with the 
provisions of this title. 
(f) On an annual basis, each State having an approved State Kecla-
mation Plan may submit to the Secretary an application for the 
support of the State program and implementation of specific reclama-
tion 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 objec-
tive 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 title, 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) 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, construc-
tion inspection costs, and other necessary administrative expenses. 
(h) Upon approved of State Reclamation Plan by the Secretary 
and of the surface mine regulatory program pursuant to section 503, 
the Secretary shall grant, on an annual basis, funds to be expended 
in such State pursuant to subsection 402(g) and which are necessary 
to implement the State reclamation program as approved by the 
Secretary. 
(i) 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) 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 tile. Such 
reports shall include that information which the Secretary deems nec-
essary to fulfill his responsibilities under this title. 
(k) Indian tribes having within their jurisdiction eligible lands 
pursuant to section 404 or from which coal is produced, shall be con-
sidered as a "State'" for the purposes of this title. 
Agreements. 
30 use 1236. 
RECLAMATION OF RURAL LAXDS 
SEC. 406. (a) 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 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 461 
of unreclaimed mined lands and lands affected by mining, tlie Secre-
tary 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 ques-
tion therein, providing for land stabilization, erosion, and sediment 
. ^ . u -
control, and reclamation through conservation treatment, including 
measures for the conservation and development of soil, water (exclud-
ing stream 
channelization), woodland, wildlife, and 
recreation 
resources, and agricultural productivity of such lands. Such agree-
ments shall be made by the Secretary with the owners, including 
owmers of water rights, residents, or tenants (collectively or individ-
ually) of the lands in question. 
(b) The landowner, including the owner of water rights, resident, Plan, submittal to 
or tenant shall furnish to the Secretary of Agriculture a conservation 
Secretary of 
and development plan setting forth the proposed land uses and con- Agriculture, 
servation treatment which shall be nmtually agreed by the Secretary 
of Agriculture and the landowner, including owmer 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) Such plan shall be incorporated in an agreement under which the 
landowner, including owner of w^ater 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) In return for such agreement by the landowner, including Assistance, 
owner of water rights, resident, or tenant, the Secretary of Agricul-
ture 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 Agri-
culture determines are appropriate in the public interest for carrying 
out the land use and conservation treatment set forth in the agreement. 
Grants made Tinder this section, depending on the income-producing Acreage 
potential of the land after reclaiming, shall provide up to 80 per limitation, 
centum of the cost of cai'rying out such land uses and conservation 
treatment on not more than one hundred and twenty aci'es of land 
occupied by such ovviier, including water I'ights 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 agr-eement; 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^ Ixowever^ That the Secretary of Agriculture may allow for 
91 STAT. 462 
PUBLIC LAW 95-87—AUG. 3, 1977 
Termination. 
Rules and 
regulations. 
Funds, 
availability. 
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. 
(e) The Secretary of Agriculture may terminate any agreement 
with a landowner including water rights owners, operator, or occu-
pier by mutual agreement if the Secretary of Agriculture deter-
mines that such termination would be in the public interest, and may 
agree to such modification of agreements previously entered into here-
under as he deems desirable to carry out the purposes of this section or 
to facilitate the practical administration of the program authorized 
herein. 
(f) Notwithstanding any other provision of law, the Secretary of 
Agriculture, to the extent he deems it desirable to carry out the pur-
poses 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 acre-
age, 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) 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) In carrying out the provisions of this section, the Secretary of 
Agricultui'e shall utilize the services of the Soil Conservation Service. 
(i) Funds shall be made available to the Secretary of Agriculture 
for the purposes of this section, as provided in section 401. 
Finding of fact. 
30 use 1237. 
Affected lands, 
right of entry. 
Notice. 
ACQUISITION AND RECLAMATION OF LAND ADVERSELY AFFECTED BY PAST 
COAL MINING PRACTICES 
SEC. 407. (a) 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 inter-
est, 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 con-
tractors to enter upon such property to restore, reclaim, abate, 
control, or prevent the adverse effects of past coal mining prac-
tices. 
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 prac-
tices and any other property to have access to such property to do all 
things necessary or expedient to restore, reclaim, abate, control, or 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 463 
Studies or 
exploratory work. 
prevent the adverse effects. Such entry shall be construed as an exer-
cise 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 sucli premises so entered upon 
shall be chai-geable 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, 
howecer, That this provision is not intended to create new rights of 
action or eliminate existing immunities. 
(b) T'he 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) The Secretary or the State pursuant to an approved State pro- Land acquisition 
gram, may acquire any land, by purchase, donation, or condemnation, 
which is adversely affected by past coal mining practices if the Secre-
tary determines that acquisition of such land is necessary to successful 
* ^ 
reclamation and that—• 
(1) the acquired land, after restoration, reclaination, abate-
ment, control, or prevention of the adverse effects of past coal 
mining practices, wall serve recreation and historic purposes, con-
servation 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 title or that public owner- 
'^' 
ship is desirable to meet emergency situations and prevent recur- 
, . 
rences of the adverse effects of past coal mining practices. 
(d) Title to all lands acquired pursuant to this section shall be 
in the name of the United States or, if acquired by a State jiursuant 
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) States are encouraged as part of their approved State programs, 
to reclaim abandoned and unreclaimed mined lands within their bound-
aries and, if necessary, to acquire or to transfer such lands to the 
Secretary or the appropriate State regulatory authority under appro-
priate Federal regulations. The Secretary is authorized to make grants Grants, 
on a matching basis to States in such amounts as he deems appropriate 
for the purpose of carrying out the provisions of this title 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 title, such 
State shall have a preference right to purchase such lands after rec-
lamation at fair market value less the State portion of the original 
acquisition price. Notwithstanding the provisions of paragraph (1), 
of this subsection, reclaimed land may be sold to the State or local 
Title. 
Fair market 
value. 
91 STAT. 464 
PUBLIC LAW 95-87—AUG. 3, 1977 
Notice and 
hearing. 
Disabled, 
displaced or 
dislocated 
persons, housing 
construction or 
rehabilitation. 
i-jjh 
Grants. 
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 rig'ht, title, and interest in such land shall 
revert to the United States. Money received from such sale shall be 
deposited in the fund. 
(f) 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) (1) Where land acquired pursuant to this section is deemed 
to be suitable for industrial, conunercial, 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 
pronudgated 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 of dis-
position of the lands after restoration, reclamation, abatement, control, 
or prevention of the adverse effects of past coal mining practices. 
(h) 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 deter-
mines 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 
410 or persons dislocated as the result of natural disasters or cata-
strophic 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 considera-
tion : 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 title may be used to pay the actual con-
struction 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 instru-
mentality of a State, or any public body or nonprofit organization 
designated by a State. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 465 
LIENS 
Filing. 
30 use 1238. 
SEC. 408. (a) 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 imder 
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 pre-
vention 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, reclama-
tion, 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, wlio owned the surface 
prior to May 2,1977, and who neither consented to nor participated in 
nor exercised control over the mining operation which necessitated the 
reclamation performed hereunder. 
(b) The landowner may proceed as provided by local law to petition 
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, reclama- 
.
^ 
tion, 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) The lien provided in this section shall be entered in the county 
Recordation, 
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. 
FILLING VOIDS AND SEALING TUNNELS 
SEC. 409. (a) The Congress declares that voids, and open and aban- 
30 USC 1239. 
doned 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 imderground or surface mining opera-
tion may degrade the environment. The Secretary, at the request of 
the Governor of any State, or the chairman of any 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 safet:y, or degrade the environment. 
1^; 
State regulatory authorities are authorized to carry out such work 
pursuant to an approved abandoned mine reclamation program. 
(b) Funds available for use in carryinof out the purpose of this sec-
tion shall be limited to those funds which must be allocated to the 
respective States or Indian reservations under the provisions of sub-
section 402(g). 
(c) The Secretary may make expenditures and carry out the pur-
poses of this section without regard to provisions of section 404 in such 
States or Indian reservations where requests are made by the Governor 
91 STAT. 466 
PUBLIC LAW 95-87—AUG. 3, 1977 
Land acquisition. 
or tribal chairman and only after all reclamation with respect to aban-
doned coal lands or coal development impacts have been met, except 
for those reclamation projects relating to the protection of the public 
health or safety. 
(d) In those instances where mine waste piles are being rew'orked 
for conservation purposes, the incremental costs of disposing of the 
wastes from such operations by tilling voids and sealing tunnels may 
be eligible for funding providing that the disposal of these wastes 
meets the purposes of this section. 
(e) The Secretary may acquii'e by purchase, donation, easement, or 
otherwise such interest in land as he determines necessary to carry out 
the provisions of this section. 
30 use 1240. 
Right of entry. 
Report to 
Congress. 
30 use 1241. 
EMERGENCY POWERS 
: ^ 
SEC. 410. (a) The Secretary is authorized to expend moneys from 
the fund for the emergency restoration, reclamation, abatement, con-
trol, 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 w'ill 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 
liave 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 ])olice power and shall not be con-
strued 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 
ow^ner of any interest in sucli premises for any alleged damages by 
virtue of such entry: Provided, 
Iwtvever, That this provision is not 
intended to create new^ rights of action or eliminate 
existing 
immunities. 
FUND REPORT 
SEC. 411. Xot later than January 1, 1978, and annually thereafter, 
the Secretary or the State pursuant to an approved State program, 
shall report to the Congress on operations under the fund together 
with his i-ecommendations as to future uses of the fund. 
MISCELLANEOUS POWERS 
30 use 1242. 
SEC. 412. (a) 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 regitlations, to imple-
ment and administer the provisions of this title. 
(b) The Secretary or the State pursuant to an approved State pro-
gram, shall have the power and authority to engage in cooperative 
projects under this title with any other agency of the United States 
of America, any State and their governmental agencies. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 467 
(c) The Secretary or the State pursuant to an approved State pro-
gram, may request the Attorney General, who is hereby authorized to 
initiate, in addition to any other remedies provided for in this title, 
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 title. 
(d) The Secretary or the State pursuant to an approved State pro-
gram, shall have the power and authority to construct and operate a 
plant or plants for the control and treatment of water pollution result-
ing 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 (38 U.S.C.A. 1151, et seq. as amended) 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 con-
struction of a plant or plants may include major interceptors and 
other facilities appurtenant to the plant. 
(e) The Secretary may transfer funds to other appropriate Federal Funds, transfer, 
agencies, in order to carry out the reclamation activities authorized 
by this title. 
. 
, 
. 
INTERAGENCY COOPERATION 
33 use 1251 
note. 
SEC. 413. 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 title. 
TITLE V—CONTROL OF THE ENVIRONMENTAL 
IMPACTS OF SURFACE COAL MINING 
30 use 1243. 
ENVIRONMENTAL PROTECTION STANDARDS 
SEC. 501. (a) Not later than the end of the ninety-day period imme-
diately following the date of enactment of this Act, 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 
502(c) of this Act. The issuance of the interim regulations shall be 
deemed not to be a major Federal action within the meaning of section 
102(2) (c) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). Such regulations, which shall be concise and written in 
plain, understandable language shall not be promulgated and pub-
lished 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 reg-
ulations 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. 
1151-1175), and the Clean Air Act, as amended (42 U.S.C. 1857 
et seq.); and 
Regulations. 
Publication in 
Federal Register. 
30 use 1251. 
33 use 1251 
note. 
91 STAT. 468 
PUBLIC LAW 95-87—AUG. 3, 1977 
Hearing. 
(C) held at least one public hearing on the proposed 
regulations. 
The date, time, and place of any hearing held on the proposed regula-
tions 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. 
Publication in 
(b) Not later than one year after the enactment of this Act, the 
Federal Register. Secretary shall promulgate and publish in the Federal Register reg-
ulations covering a permanent regulatory procedure for surface coal 
mining and reclamation operations performance standards based on 
and conforming to the provisions of title V and establishing proce-
dures and requirements for preparation, submission, and approval of 
V
; 
: 
State programs; and development and implementation of Federal pro-
f 
grams under the title. The Secretary shall promulgate these regula-
tions, which shall be concise and written in plain, understandable 
language in accordance with the procedures in section 501(a). 
Permits. 
30 u s e 1252. 
Post, p. 486. 
Limitation. 
Post, p. 516. 
Permit 
application. 
INITIAL REGULATORY PROCEDURES 
SEC. 502. (a) No person shall open or develop any new or previ-
ously 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) All surface coal mining operations on lands on which such oper-
ations are regulated by a State which commence operations pursuant 
to a permit issued on or after six months from the date of enactment 
of this Act 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 Act, 
a State may issue such permits, 
(c) On and after nine months from the date of enactment of this 
Act, all surface coal mining operations on lands on which such opera-
tions are regulated by a State shall complv with the provisions of 
subsections 515(h)(2), 515(b)(3), 515(b)(5), 515(b)(10), 515(b) 
(13), 515(b) (15), 515(b) (19), and 515(d) of this Actor, where a sur-
face 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 515(c) (4) and (5) without 
regard to the requirements of section 515(b)(3) or 515(d) (2) and 
(3), 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 the date of enactment of this Act, issued to a person as 
defined in section 701(19) in existence prior to May 2, 1977 and oper-
ated 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 subsection 515(d) (1) until 
January 1,1979. 
(d) Not later than two months following the approval of a State 
program pursuant to section 503 or the implementation of a Federal 
program pursuant to section 504. regardless of litigation contesting 
that approval or implementation, all operators of surface coal mines in 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 469 
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 regu-
latory 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 spe-
cially enjoined by a court of competent jurisdiction, but in no case later 
than forty-two months from the dat« of enactment of this Act. 
(e) Within six months after the date of enactment of this Act, the Federal 
Secretary shall implement a Federal enforcement program which enforcement 
shall remain in effect in each State as surface coal mining operations Program, 
are required to comply with the provisions of this Act, until the State 
program has been approved pursuant to this Act or until a Federal 
program has been implemented pursuant to this Act. The enforcement 
program shall— 
(1) include inspections of surface coal mine sites which may be Inspections, 
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 enforce-
ment action to be implemented pursuant to the Federal enforce-
ment provision of this title t-o 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 viola-
tion 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 opera-
tion by Federal inspectors and the necessary enforcement actions, 
if any, to be implemented pursuant to the Federal enforcement 
provisions of this title. When the Federal inspection results from 
information provided to the Secretary by any person, the Secre-
tary 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 insiJection; 
(3) provide that the State regulatory agency file with the Sec- Reports, filing, 
retary 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 712 shall be Post, p. 524. 
available to the Secretary prior to the approval of a State pro-
gram pursuant to this Act to reimburse the State for conducting 
those inspections in which the standards of this Act are enforced 
and for the administration of this section. 
(5) for purposes of this section, the term "Federal inspector" "Federal 
means personnel of the Office of Surface Mining Reclamation and inspector." 
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 Con-
servation Service as arranged by appropriate agreement with the 
Secretary on a reimbursable or other basis; 
91 STAT. 470 
PUBLIC LAW 95-87—AUG. 3, 1977 
Interim period. 
(f) Following the final disapproval of a State program, and prior 
to promulgation of a Federal program or a Federal lands program 
pursuant to this Act, including judicial review of such a program, 
existing surface coal mining operations may continue surface mining 
operations pursuant to the provisions of section 502 of this Act. Dur-
ing 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. 
STATE PROGRAMS 
: 's . ., 
30 use 1253. 
SEC. 503. (a) 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 
Post, p. 504. 
mining and reclamation operations, except as provided in sections 521 
Post, p. 510. 
and 523 and title IV of this Act, shall submit to the Secretary, by the 
Ante, p. 456. 
end of the eighteenth-month period beginning on the date of enact-
ment of this Act, a State program which demonstrates that such State 
has the capability of carrying out the provisions of this Act and meet-
ing 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 Act; 
(2) a State law which provides sanctions for violations of 
State laws, regulations, or conditions of permits concerning sur-
face coal mining and reclamation operations, which sanctions 
shall meet the minimum requirements of this Act, 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 Act; 
(4) a State law which provides for the effective implementa-
tions, maintenance, and enforcement of a permit system, meeting 
the requirements of this title for the regulations 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 522 
provided that the designation of Federal lands unsuitable for 
mining shall be performed exclusively by the Secretary after con-
. ,, 
sultation with the State; and 
' 
(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 opera-
tions ; and 
Rules and 
(7) rules and regulations consistent with regulations issued by 
regulations. 
the Secretary pursuant to this Act. 
(b) The Secretary shall not approve any State program submitted 
under this section until he has— 
(1) solicited and publicly disclosed the views of the Adminis-
trator 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; 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 471 
(2) obtained the written concurrence of tlie Administrator of 
the Environmental Protection Agency with respect to those 
aspects of a State program which reUite to air or water quality 
standards promulgated under the authority of the Federal Water 
Pollution Control Act, as amended (38 U.S.C. 1151-1175), and 
the Clean Air Act, as amended (42 U.S.C. 1857 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 
pi'ogram was submitted to him. 
(c) 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 I'csubmitted State pro-
gram or portion thereof within sixty days fi'om the date of resub-
mission. 
(d) For the purposes of this section and section 504. the inability of 
a State to take any action the purpose of which is to prepare, subniit 
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 assist-
ance under titles IV and VII of this Act or in the imposition of a 
Federal program. Regulation of the surface coal mining and reclama-
tion operations covered or to be covered by the State program subject 
to the injunction shall be conducted by the State pursuant to section 
502 of this Act, until such time as the injunction terminates or for one 
year, wliichever is shorter, at which time the requirements of sections 
503 and 504 shall again be fully applicable. 
33 use 1251 
note. 
Hearing. 
Notice of 
disapproval. 
Ante, p. 456. 
Post, p. 516. 
FEDERAL PROGRAMS 
SEC. 504. (a) The Secretary shall prepare and, subject to the pro-
visions of this section, pronmlgate and implement a Federal program 
for a State no later than thirty-four months after the date of enact-
ment of this Act 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 the date of enactment of this Act; 
(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 prograui 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 Act. 
If State compliance with clause (1) of this subsection requires an act 
of the State legislature, the Secretary may extend the period of sub-
mission of a State program up to an additional six months. Promulga-
tion 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 Act. After promulgation and 
implementation of a Federal program the Secretary shall be the 
30 use 1254. 
91 STAT. 472 
PUBLIC LAW 95-87—AUG. 3, 1977 
Post, p. 507. 
Post, p. 504. 
Notice and 
hearing. 
Permits, review. 
X'Ct'::}'''., 
Hearing. 
State statutes or 
regulations, 
preemption. 
regulatory authority. If a Federal program is implemented for a 
State, section 522 (a), (c), and (d) 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) 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 521, of that part of the State program not being enforced by 
such State. 
(c) 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) Permits issued pursuant to a previously approved State pro-
gram shall be valid but reviewable under a Federal program. Immedi-
ately following promulgation of a Federal program, the Secretary 
shall undertake to review such permits to determine that the require-
ments of this Act are not violated. If the Secretary determines any per-
mit to have been granted contrary to the requirements of this Act, he 
shall so advise the permittee and provide him an opportunity for hear-
ing and a reasonable opportunity for submission of a new application 
and reasonable time, within a time limit prescribed in regulations pro-
mulgated pursuant to section 501(b), to conform ongoing surface min-
ing and reclamation operations to the requirements of the Federal 
program. 
(e) A State which has failed to obtain the approval of a State pro-
gram prior to implementation of a Federal program may submit a 
State program at any time after such implementation. Upon the sub-
mission of such a program, the Secretary shall follow the procedures 
set forth in section 503(b) 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 Act and meeting its 
purposes through the criteria set forth in section 503(a) (1) through 
(6). 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) 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 Act 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 reason-
able time, within a time limit prescribed in regulations promulgated 
pursuant to section 501, to conform ongoing surface mining and recla-
mation operations to the additional State requirements. 
(g) Whenever a Federal program is promulgated for a State pur-
suant to this Act, any statutes or regulations of such State which are in 
effect to regulate surface mining and reclamation operations subject to 
this Act shall, insofar as they interfere with the achievement of the 
purposes and the requirements of this Act 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. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 473 
(h) Any Federal program shall include a process for coordinating Permits, 
the review and issuance of permits for surface mining and reclamation coordination, 
operations with any other Federal or State permit process applicable 
to the proposed operation. 
STATE LAWS 
SEC. 505. (a) No State law or regulation in effect on the date of 30 USC 1255. 
enactment of this Act, or which may become effective thereafter, shall 
be superseded by any provision of this Act or any regulation issued 
pursuant thereto, except insofar as such State law or regulation is 
inconsistent with the provisions of this Act. 
(b) Any provision of any State law or regulation in effect upon the 
'-Mn; 
date of enactment of this Act, or which may become effective there-
after, which provides for more stringent land use and environmental 
controls and regulations of surface coal uiining and reclamation opeiu-
tion than do the provisious of this Act or any regulation issued pur-
suant thereto siiall not be construed to be inconsistent with this Act. 
The Secretary shall set foi-fh any State law or regulation which is 
construed to be inconsistent with this Act. Any provision of any State 
law or regulation in effect on the date of enactment of this Act, 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 Act sliall not be construed to be incon-
sistent with this Act. 
PERMITS 
SEC. 506. (a) No later than eight months from the date on which 
30 USC 1256. 
a State program is approved by the Secretary, pursuant to section 503 
of this Act, 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 504 of this Act, 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 Secre-
tary pursuant to a Federal program; except a person conducting sur-
face coal mining operations under a permit from the State regulatory 
authority, issued in accordance with the provisions of section 502 of 
this Act, may conduct such operations beyond such period if an appli-
cation for a permit has been filed in accordance with the provisions of 
this Act, but the initial administrative decision has not been rendered. 
(b) All peruiits issued pursuant to the requirements of this Act Term, 
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 equip-
ment 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 succeed-
ing 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 gi'anted or 
denied. 
(c) A permit shall terminate if the pei'mittee has not commenced 
Termination, 
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 
91 STAT. 474 
PUBLIC LAW 95-87—AUG. 3, 1977 
30 use 181 note. 
30 use 207. 
Renewal. 
Boundary 
extension. 
such commencement or threatening suhstantial economic loss to tlie 
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, extensions of time may not extend beyond the period 
allowed for diligent development in accor-dance with section 7 of that 
Act: 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 oper-
ations at such time as the construction of the synthetic fuel or generat-
ing facility is initiated. 
(d)(1) Any valid permit issued pursuant to this Act 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 (pro-
vided that on application for renewal the burden shall be on the oppo-
uents of renewal), subsequent to fulfillment of tlie public notice 
requirements of sections 513 and 514 unless it is established that and 
wi'itten findings by the regulatory author'ity 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 opera-
tion is not in compliance with the environmental protection stand-
ards of this Act and the approved State plan or Fedei-al program 
pursuant to this Act; or 
(C) the renewal requested substantially jeopardizes the oper-
ator's continuing i-esponsibility on existing permit areas; 
(D) the operator has not provided evidence that the perform-
ance bond in effect foi- 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 509; 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 pro-
posal to extend the mining operation beyond the boundaries author-
ized 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 Act: 
Provided, however. That if the surface coal mining operations author-
ized by a permit issued pursuant to this Act were not subject to the 
standards contained in section 510(b) (5) (A) and (B) by reason of 
complying with the pi'oviso of section 510(b) (5), then the portion of 
the application for renewal of the per-mit which addresses any new 
land areas previously identified in the reclamation plan submitted 
pursuant to section 508 shall not be subject to the standards contained 
in section 510(b)(5) (A) and (B). 
(3) Any permit renewal shall be for a term not to exceed the period 
of the original permit established by this Act. Application for permit 
renewal shall be made at least one hundred and twenty days prior to 
the expiration of the valid permit. 
Fee 
30 use 1257. 
AI'PLICATION REQIIIKEMENTS 
SEC. 507. (a) Each application for a surface coal mining and rec-
lamation permit pursuant to an approved State program or a Federal 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 475 
program under the provisions of this Act 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 pui'suant to a State 
or Federal program. The regulatory authority may develop pro-
cedures so as to enable the cost of the fee to be paid over the term of 
the permit. 
(b) The permit application shall be submitted in a manner satis- Contents, 
factory 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 propeit}^ (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 prop-
erty 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 sur-
face 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 whei-e applicable: the names 
and addresses of every officer, partner, director, or person per-
forming 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 Avith-
in 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 imder 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 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 opera-
tion that exists or is proposed, the engineering techniques pro-
posed or used, and the equipment used or proposed to be used; 
(8) the anticipated or actual starting and teimination 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 
91 STAT. 476 
PUBLIC LAW 95-87—AUG. 3, 1977 
provide to the regulatory authority a statement of those documents 
upon which the applicant bases his legal right to enter and com-
mence surface mining operations on the area affected, and whether 
that right is the subject of pending court litigation: Provided, 
That nothing in this Act shall be construed as vesting in the regu-
latory authority the jurisdiction to adjudicate property title 
disputes. 
•tf5>?rK 
(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 
f 
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 col-
lection 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 avail-
ability : 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 Fed-
eral or State agency: Provided further, That the permit shall not 
be approved until such information is available and is incorpo-
rated into the application; 
(12) when requested by the regulatory authority, the climato-
logical 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 tem-
perature 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 bound-
ary 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 sub-
surface 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 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 477 
areas and top-soil preservation areas; the location of all impound-
ments for waste or erosion control; any settling or water 
treatment facility; constructed or natural drain ways and the loca-
tion of any discharges to any surface body of water on the area 
of land to be affected or adjacent thereto; and profiles at appro-
priate cross sections of the anticipated final surface configuration 
that will be achieved pui-suant to the operator's proposed recla-
mation plan; 
(15) a statement of the result of test borings or core samplings 
from the permit area, including logs of the drill holes; the thick-
ness of the coal seam found, an analysis of the chemical properties 
of such coal; the sulfur content of any coal seam; chemical analy-
sis of potentially acid or toxic forming sections of the overbur-
den; 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 i-econ-
naissance inspection suggests may be prime farm lands, a soil 
survey shall be made or obtained according to standards estab-
lished 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 Avith an interest which is or may be 
adversely affected: Provided^ That information w^hich 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) If the regulatory authority finds that the probable total annual 
production at all locai:ions of any coal surface mining operator will 
not exceed 100,000 tons, the determination of probable hydrologic 
consequences required by subsection (b) (11) 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. 
(d) Each applicant for a permit shall be required to submit to 
the regulatory authority as part of the permit application a reclama-
tion plan which shall meet the requirements of this Act. 
(e) 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 pro-
posed to occur, except for that information pertaining to the coal 
seam itself. 
(f) 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 liabilitj^ 
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 require-
ments. Such policy shall provide for personal injury and property 
Confidential 
information. 
Reclamation 
plan, 
requirement. 
Public inspection. 
Insurance 
certificate. 
91 STAT. 478 
PUBLIC LAW 95-87—AUG. 3, 1977 
Blasting plan. 
Statement. 
30 use 1258. 
Contents. 
damage protection in an amount adequate to compensate any per-
sons 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) Each applicant for a surface coal mining and reclamation per-
mit shall submit to the regulatory authority as part of the permit 
application a blasting plan which shall outline the procedures and 
standards by which trie operator will meet the provisions of section 
615(b)(15). 
RECLAMATION PLAN REQUIREMENTS 
SEC. 508. (a) Each reclamation plan submitted as part of a permit 
application pui"suant to any approved State program or a Federal 
program under the provisions of this Act 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 sup-
port a variety of uses giving consideration to soil and foun-
dation characteristics, topography, and vegetative cover, and, 
if applicable, a soil survey prepared pursuant to section 
507(b)(16);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 w^hich 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 phms, 
and the comments of any ow^ner of the surface. State and local gov-
ernments or agencies thereof which would have to initiate, imple-
ment, appi'ove 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 accumula-
tion ; a plan, where appropriate, for backfilling, soil stabilization, 
and compacting, grading, and appropriate re 
vegetation; a plan 
for soil reconstruction, replacement, and stabilization, pursuant 
to the performance standards in section 515(b) (7) (A), (B), (C), 
and (D), for those food, forage, and forest lands identified in 
sections 515(b) (7) ; an estimate of the cost per acre of the recla-
mation, including a statement as to how the permittee plans to 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 479 
Confidential 
information. 
comply with each of the requirements set out in section 515; 
(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 sur-
face 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 infor-
mation and data in a form satisfactory to the regulatory author-
ity, 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 proper-
ties of the coal (excepting information regarding such mineral 
or elemental contents which is potentially toxic in the environ-
ment) 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 Confidential 
file pursuant to State law shall be held in confidence by the regulatory information, 
authority. 
PERFORMANCE BONDS 
SEC. 509. (a) After a surface coal mining and reclamation permit 30 USC 1259. 
application has been approved but before such a permit is issued, the 
applicant shall file with the regulatory authority, on a form pre-
scribed and furnished by the regulatory authority, a bond for per-
formance payable, as appropriate, to the L^nited States or to the State, 
and conditional upon faithful performance of all the requirements 
of this Act and the permit. The bond shall cover that area of land 
within the permit area upon which the operator will initiate and con-
duct surface coal mining and reclamation operations within the initial 
91 STAT. 480 
PUBLIC LAW 95-87—AUG. 3, 1977 
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 
Amount. 
with this section. Tlie 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. 
Liability. 
(b) Liability imdor the lond shall be for the duration of the sur-
face coal mining and reclamation operation and for a period coincident 
with operator's responsibility for revegetation requirements in section 
Execution. 
515. 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 L^iuted States (Tovernment 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 securi-
ties shall be ecpial to or greater than the amount of the bond required 
for the bonded area. 
(c) 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 pro-
gram, 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) 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 cer-
tificate of deposit. 
Bond adjustment. 
(e) The amount of the bond or deposit required and the terms of 
each acceptance of the applicant's bond shall be adjusted by the regu-
latory authority from time to time as affected land acreages are 
increased or decreased or where the cost of future reclamation changes. 
Cash or 
securities. 
Notice and 
hearing. 
30 use 1260. 
PERMIT APPROVAL OR DENIAL 
SEC. 510. (a) Upon the basis of a complete mining application and 
reclamation plan or a revision or renewal thereof, as required by this 
Act and pursuant to an approved State program or Federal program 
under the provisions of this Act, including public notification and an 
opportunity for a public hearing as required by section 513, the regu-
latory 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 wdth all the requirements of the 
applicable State or Federal program. Within ten days after the grant-
ing of a permit, the regulatory authority shall notify the local govern-
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 481 
mental 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) No permit or revision application shall be approved unless the Requirements, 
application affirmatively demonstrates and the regulatory authority 
finds in writing on the basis of the information set forth in the appli-
cation or from information otherwise available which will be docu- 
• :; 
• 
mented 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 Act and the State or Federal program 
have been complied with; 
(2) the applicant has demonstrated that reclamation as 
required by this Act 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 507(b) has been made by the regulatory authority and 
the proposed operation thereof has been designed to prevent mate-
rial 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 522 of this Act or is not within an area under study for Post, p. 507. 
such designation in an administrative proceeding commenced 
pursuant to section 522(a)(4)(D) or section 522(c) (unless in 
such an area as to which an administrative proceeding has com-
menced pursuant to section 522(a) (4) (D) of this Act, the opera-
tor making the permit application demonstrates that, prior to 
January 1,1977, he has made substantial legal and financial com-
mitments 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 vSubirri-
gated. 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),: 
Provided^ That this paragraph (5) shall not affect those surface 
coal mining operaticms which in the year preceding the enact-
ment of this Act (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 Coal exchange 
been within the purview of the foregoing proviso but for the fact that programs, 
no coal was so produced in commercial quantities and no such specific 
permit aoDroval 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 
91 STAT. 482 
PUBLIC LAW 95-87—AUG. 3, 1977 
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 
43 use 1716. 
206 of Federal Land Policy and Management Act of 1976, convey to 
the fee holder of any such coal deposits involving such mining opera-
tions 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 pre-
cluded 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 206 of the Federal Land Policy and 
Management Act of 1976; 
(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 extrac-
tion 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-sub-
surface legal relationship shall be determined in accordance 
with State law: Provided^ That nothing in this Act shall be 
construed to authorize the regulatory authority to adjudicate 
property rights disputes. 
(c) The applicant shall file with his permit application a schedule 
listing any and all notices of violations of this Act 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 applica-
tion. 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 Act or such other laws referred to 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 Act of such nature 
and duration with such resulting irreparable damage to the environ-
ment as to indicate an intent not to comply with the provisions of 
this Act. 
Prime farmland 
(d)(1) In addition to finding the application in compliance with 
mining, permit. 
subsection (b) of this Section, if the area proposed to be mined con-
tains prime farmland pursuant to Section 507(b) (16), the regulatory 
authority shall, after consultation with the Secretary of Agriculture, 
and pursuant to regulations issued hereunder by the Secretary of 
Interior with the concurrence of the Secretary of Agriculture, grant a 
Notices of 
violations. 
Rules and 
regulations. 
Penalty. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 483 
permit to iiiiiie 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 e(iuivalent levels of management and can meet the soil recon-
struction standards in Section 515(b) (7). P^xcept for compliance with 
subsection (b), the requirements of this paragraph (1) shall apply 
to all permits issued after the date of enactment of this Act. 
(2) Nothing in this subsection shall apply to any permit issued 
prior to the date of enactment of this Act, or to any revisions or 
renewals thereof, or to any existing surface mining operations for 
which a permit was issued prior to the date of enactment of this Act. 
REVISION OF PERMITS 
SEC. 511. (a) (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 Act and t:he State or Federal program can be accomplished under 
the revised reclamation plan. The revision shall be approved or dis-
approv^ed 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, includ-
ing 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 requii'ements. 
(3) Any extensions to the area covered by the permit except inciden-
tal boundary revisions must be made by application for another 
permit. 
(b) No transfer, assignment, or sale of the rights granted under any 
permit issued pursuant to this Act shall be made without the written 
approval of the regulatory authority. 
(c) The regulatory authority shall within a time limit prescribed in 
regulations promulgated by the regulatory authority, review out-
standing 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 find-
ing and subject to notice and hearing requirements established by the 
State or Federal program. 
30 use 1261. 
Guidelines. 
Notice and 
hearing. 
COAL EXPLORATION PERMITS 
Regulations. 
30 use 1262. 
SEC. 512. (a) Each State or Federal program shall include a require-
ment 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 Gontents. 
include, at a minimum (1) the requirement that prior to conducting 
any exploration under this section, any person must file with the reg-
ulatory authority notice of intention to explore and such notice shall 
include a description of the exploration area and the period of sup-
posed exploration and (2) provisions for reclamation in accordance 
with the performance standards in section 515 of this Act of all lands 
disturbed in exploration, including excavations, roads, drill holes, 
and the removal of necessary facilities and equipment. 
91 STAT. 484 
PUBLIC LAW 95-87—AUG. 3, 1977 
Confidential 
(b) Iiifoiiuation submitted to tiie regulatory autlioi'ity jiuisuant to 
information. 
this subsBction as confidential concerning trade secrets or privileged 
commercial or financial information which relates to the competitive 
rights of the person or entity intended to exploi-e the described area 
shall not be available for public examination. 
(c) Any person who conducts any coal expk)ration 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 518. 
(d) Xo 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) Coal exploration on Federal lands shall be governed by section 4 
of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085). 
30 use 1263. 
Permit 
application, 
objections. 
Informal 
conference. 
PUBLIC NOTICE AND PUBLIC HEARINGS 
Sec. 513. (a) 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 Act 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 advertise-
ment 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 sew-
age and water treatment authorities, of 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 regula-
tory 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 trans-
mitted 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) Any person having an interest which is or may be adversely 
affected or the officer or head of any Federal, State, or local govern-
mental agency or authority shall have the right to file written objec-
tions 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 appli-
cant 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 con-
ference 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 wrecks prior to the scheduled conference date. The 
i-egulatory authority may arrange with the applicant upon request by 
any party to the administrative proceeding access to the proposed min-
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 485 
ing area for the purpose of gathering information relevant to the 
proceeding. An electronic or stenographic record shall be made of the Records, 
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) 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 sections 2(a) (3) (A),(B) 
and (C) of the Mineral Lands Leasing Act, as amended (30 U.S.C. 
201a) (3) (A), (B) and (C), such hearings shall be deemed as to the 30 USC 201. 
matters covered to satisfy the requirements of this section and section 
514 and such determinations shall be deemed to be a pail of the record 
and conclusive for purposes of sections 510, 514 and this section. 
DECISIONS o r REGULATORY AUTHORITY AXD APPEALS 
SEC. 514. (a) If an informal conference has been held pursuant to 30 USC 1264. 
section 513(b), the regulatory authority shall issue and furnish the 
applicant for a permit and persons who are parties to the adminis-
trative proceedings with the written finding of the regulatory 
i, 
authority, granting or denying the permit in whole or in part and 
stating the reasons therefor, within the sixty days of said hearings. 
(b) If there has been no informal conference held pursuant to sec-
tion 513(b), 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 appli-
cation 1 as been filed, whether the application has been approved or 
' '• 
disapproved in whole or part. 
(c) 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 Notice and 
notified of the final decision of the regulatory authority on the permit hearing. 
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 5 U.S.C. Section 554. W^here 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 513(b) 
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 appli- 
" ^ 7^.-. 
cant, and all persons w^ho 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) Where a hearing is requested pursuant to subsection (c), the Temporary relief. 
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— 
91 STAT. 486 
PUBLIC LAW 95-87—AUG. 3, 1977 
Notice and 
' 
(1) all parties to the proceedings have been notified and given 
hearing. 
.. 4i 
an opportunity to be heard on a request for temporary relief; 
(2) the person requesting such relief shows that there is a sub-
stantial 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) For the purpose of such hearing, the regulatory authority may 
administer oaths, subpoena witnesses, or written or printed materials, 
compel attendance of the witnesses, 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 Act shall be 
made, and a transcript made available on the motion of any party or 
by order of the regulatory authority. 
(f) Any applicant or any person with an interest which is or may be 
adversely affected who has participated in the administrative pro-
' 
ceedings 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 Act shall have the right to appeal in 
Post, p. 512. 
accordance with section 526. 
30 use 1265. 
General 
standards. 
Fuel, maximum 
use. 
Land use, 
restoration. 
Original land 
contour, 
restoration. 
ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS 
SEC. 515. (a) Any permit issued under any approved State or 
Federal program pursuant to this Act to conduct surface coal mining 
operations shall require that such surface coal mining operations will 
meet all applicable performance standards of this Act, and such other 
requirements as the regulatory authority shall promulgate. 
(b) 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 support-
ing the uses which it was capable of supporting prior to any min-
ing, 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 imple-
mentation, or is violative of Federal, State, or local law; 
(3) except as provided in subsection (c) 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 
Act) : 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 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 487 
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 mini-
mum, 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 ecolog-
ically sound land use compatible with the surrounding region: 
Aind 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 volu-
metric 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, back-
fill, 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 
re vegetated in accordance with the requirements of this Act; 
(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 con-
tamination by other acid or toxic material, and is in a usable 
condition for sustaining vegetation when restored during reclama-
tion, 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 507(b) (16) 
Prime farm lands, 
to be mined and reclaimed, specifications for soil removal, storage, 
replacement, and reconstruction shall be established by the Sec-
retary 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; 
Surface areas, 
stabilization. 
Topsoil. 
91 STAT. 488 
PUBLIC LAW 95-87—AUG. 3, 1977 
Water 
impoundments. 
Augering 
operations. 
Hydrologic 
balance. 
(B) segregate the B horizon of the natural soil, or under-
^^ lying 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 immedi-
ately, 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 
; t 
(D) redistribute and grade in a uniform manner the sur-
face soil horizon described in subparagraph (A); 
(8) create, if authorized in the approved mining and reclama-
tion 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 discharoes 
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 dimi-
r < nution of the quality or quantity of water utilized by adjacent 
or surrounding landowners for agricultural, industrial recre-
ational, or domestic uses; 
(9) conducting any augering operation associated with surface 
mining in a manner to maximize recoverability of mineral 
reserves remaining after the operation and reclamation are com-
plete ; and seal all auger holes with an impervious and noncom-
bustible material in order to prevent drainage except w^here the 
regulatory authority determines that the resulting impoundment 
of water in such auger holes may create a hazard to the envi-
ronment 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 sys-
tems 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— 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 4S9 
(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, 
-t 
shafts, and wells and keep 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 sub-
paragraph (B) (i) of this subsection prior to commencement 
of surface coal mining operations, such structures to be cer-
tified by a qualified registered engineer 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 dis-
turbed 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 opera-
tions 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; 
(il) with respect to surface disposal of mine wastes, tailings. Waste disposal, 
coal processing wastes, and other wastes in areas other than the 
mine working or excavations, stabilize all waste piles in desig-
nated 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 Ibe sta-
bilized and revegetated according to the provisions of this Act; 
(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 under-
ground 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 con-
cerned 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, mod- Coal mine waste 
ify, and remove or abandon, in accordance with the standards pi'es-
Underground 
mines. 
91 STAT. 490 
PUBLIC LAW 95-87—AUG. 3, 1977 
Fire hazards. 
Explosives. 
Notice and 
publication of 
blasting 
schedule. 
W-
Pre-blasting 
survey. 
Combined 
surface and 
underground 
mining, 
requirement 
variance. 
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 mate-
rials, 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 con-
tingency 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 gov-
ernments and residents who might be affected by the use of 
such explosives by publication of the planned blasting sched-
ule 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 sub-
mit 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 environ-
mentally sound manner and as contemporaneously as practicable 
with the surface coal mining operations: Provided^ however. That 
wliere the applicant proposes to combine surface mining opera-
tions with imderground mining operations to assure maximum 
practical recovery of the mineral resources, the regulatory author-
ity may grant a variance for specific areas within the i-eclamation 
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 
imderground mining operations; 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 491 
(ii) the proposed underground mining operations are 
necessary or desirable to assure maximum practical recov-
ery of the mineral resource and will avoid multiple dis-
turbance of the surf ace; 
(iii) 
the applicant has satisfactorily demonstrated 
that the plan for the undergromid mining operations 
conforms to requirements for underground mining in the 
jurisdiction and that permits necessary for the under- 
; * 
ground mining operations have been issued by the appro-
priate authority; 
(iv) the areas proposed for the variance have been 
shown by the applicant to be necessary for the imple-
menting 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 Act; 
(vi) provisions for. the otf-site storage of spoil will 
comply with section 515(b) ('22) ; 
(B) if the Secretary has promulgated specific regulations Regulations, 
to govern the granting of such variances in accordance with 
the provisions of this subsection and section 501, and has ^"'«' P- 467. 
imposed such additional requirements as he deems necessary; 
(C) if variances granted under the provisions of this sub-
section are to be reviewed by the regulatory authority not 
more than three years from the date of issuance of the per-
mit; and 
(D) if liability under the bond filed by the applicant with 
^ 
the regulatory authority pursuant to section 509(b) shall be 
for the duration of the underground mining opei'ations and 
until the requirements of sections 515(b) and 519 have been 
fully complied with. 
(17) insure that the construction, maintenance, and postmining Access roads, 
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 Revegetation. 
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) assiune 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: Promded, That 
when the regulatory authority approves a long-term intensive 
agricultural postmining land lise, the applicable five- or ten-year 
91 STAT. 492 
PUBLIC LAW 95-87—AUG. 3, 1977 
Offsite area 
protection. 
Spoil disposal. 
Slide or erosion 
barriers. 
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, inten-
sive, agricultural postmining land use as part of the mining and 
reclamation plan, the authority may grant exception to the pro-
visions of paragraph (19) above; 
(21) protect offsite areas from slides or damage occurring dur-
ing 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 Act, and shall 
be placed, where possible, upon, or above, a natural terrace, 
bench, or berm, if such placement provides additional stabil-
ity 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 Act are met. 
(23) meet such other criteria as are necessary to achieve rec-
lamation in accordance with the purposes of this Act, taking into 
consideration the physical, climatological, and other charac-
teristics of the site; and 
(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. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 493 
t 
(c)(1) Kiich State program may and eacli Federal program shall Restoration of 
include procedures pursuant to whicli the regulatory authority may original contour, 
permit surface mining operations for the purposes set forth in para- exceptions. 
grai)h (3) of this subsection. 
(2) Wiiere an a[)plicant meets the recpiirements of paragraphs (3) 
and (4) of this subsection a permit without regard to the recpiiremeut 
to restore to api)roximate original contour set forth in subsecti(m 
.^^^(l)) (3) or r)ir)(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 ui)per 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 renuiining, and capable 
of supporting postuiining uses in accord with the requirements of this 
subsection. 
_ 
_ 
« F =
> ro. • 
('3) In cases where an industrial, commercial, agricultural, residen-
tial or public facility (including recreational facilities) use is pro-
posed or the postmlning use ol the affected land, the regulatory 
authority may grant a peiMiiit for a surface mining operation of the 
nature described in subsection (c) (2) where— 
(A) after consultation with the appropriate land use planning 
agencies, if any, the proposed postmining land use is deenjed to 
constitute an e(|ual or better economic or public use of the affected 
land, as compared with premining use; 
(B) the ai)plicant presents specitic plans for the proposed post-
mining laiul 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 recla-
mation plan so as to integrate the mining operation and recla-
mation with the postmining land use; and 
• ' 
(vii) designed by a registered engineer in conformance 
with professional standards established to assure the sta-
. ' ' 
bility, drainage, and configuration necessary for the intended 
J
, 
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 conmient on the proposed use; 
(E) all other requirements of this Act will be met. 
(4) In granting any permit pursuant to this subsection the regula-
tory authority shall require that— 
(A) the toe of the lowest coal seam and the overburden asso-
ciated with it are retained in place as a barrier to slides and 
erosion; 
(B) the reclaimed area is stable; 
91 STAT. 494 
PUBLIC LAW 95-87—AUG. 3, 1977 
Regulations. 
Permit review. 
Steep-slope 
surface coal 
mining. 
'Steep slope." 
Original contour 
restoration, 
requirements 
variances. 
(C) the resulting plateau or rolling contour drains inward from 
the outslopcs except at specified points; 
(D) no damage will be done to natural watercourses; 
(E) spoil will be placed on the mountaintop bench as is neces-
sary to achiev^e 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 Act; 
(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) The following performance standards shall be applicable to 
steep-slope surface coal mining and shall be in addition to those gen-
eral performance standards required by this section: Provided^ hov)-
ever, That the provisions of this subsection (d) shall not apply to 
those situations in which an operator is mining on flat or gently roll-
ing terrain, on which an occasional steep slope is encountered through 
which the mining operation is to proceed, leaving a plain or predomi-
nantly 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 paragraph 515 (b) (3) or 515(d) (2) shall be permanently 
stored pursuant to section 515(b) (22). 
(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 high-
wall 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) (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. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 495 
(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 515(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, resi-
dential, 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 con-
stitute 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 agen-
cies, the watershed of the affected land is deemed to be improved. 
(4) In granting a variance pursuant to this subsection the regula-
tory authority shall require that only such amount of spoil will bo 
placed off the mine bench as is necessary to achieve the planned post-
mining land use, insure stability of the spoil retained on the bench, 
meet all other requirements of this Act, and all spoil placement off the 
mine bench must comply with subsection 515 (b) (22). 
(5) The regulatory authority shall promulgate specific regulations 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) The Secretary, with the written concurrence of the Chief of 
Engineers, shall establish within one hundred and thirty-five days 
from the date of enactment, 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 section 515(b) (13) and section 516 
(b)(5). 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 stand-
ards 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. 
Review of 
exceptions. 
Coal mine waste 
piles, standards 
and criteria. 
SURFACE EFFECTS OF UNDERGROUND COAL MINING OPERATIONS 
SEC. 516. (a) The Secretary shall promulgate rules and regulations 
Rules and 
directed toward the surface effects of underground coal mining opera- regulations, 
tions, embodying the following requirements and in accordance with 
^^ ^^^ 1266. 
91 STAT. 496 
PUBLIC LAW 95-87—AUG. 3, 1977 
Ante, p. 467. 
the procedures established under section 501 of this Act: 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 con-
flict with nor supersede any provision of the Federal Coal Mine 
30 use 801 note. Health and Safety Act of 1969 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 admin-
isters such Act. 
Requirements. 
(b) Each permit issued under any approved State or Federal pro-
gram pursuant to this Act and relating to underground coal mining-
shall require the operator to— 
I 
(1) adopt measures consistent with known technology in order 
to prevent subsidence causing material damage to the extent tech-
nologically and economically feasible, maximize mine stability, 
and maintain the value and reasonably foreseeable use of such 
i 
surface lands, except in those instances where the mining tech-
nology 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; 
i 
(2) seal all portals, entry ways, drifts, shafts, or other openings 
between the surface and underground mine working when no 
longer needed for the conduct of the mining operations; 
t : <, !: 
(3) fill or seal exploratory holes no longer necessary for mining, 
maximizing to the extent technologically and economically feasi-
t 
ble return of mine and processing waste, tailings, and any other 
waste incident to the mining operation, to the mine workings or 
> « •, B ;. 
excavations; 
'. <
;
(
j
> rv 
J 
(4) with respect to surface disposal of mine wastes, tailings, 
coal processing w^astes, and other wastes in areas other than the 
r 
mine workings or excavations, stabilize all waste piles created 
by the permittee from current operations through construction 
V
.
V -, „ 
in compacted layers including the use of incombustible and imper-
'•••=•- -i. 
vious materials if necessary and assure that the leachate will not 
• • - ' '* 
degrade below w^ater 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, 
I 
and remove, or abandon, in accordance with the standards and 
criteria developed pursuant to section 515(f), 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-regenera-
'• 
tion and plant succession and at least equal in extent of cover to 
the natural vegetation of the area; 
(7) protect off 
site 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; 
7 
(9) minimize the disturbances of the prevailing hydrologic 
balance at the minesite and in associated offsite areas and to the 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 497 
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 req^uire-
ments set by applicable State or Federal law), and avoiding 
channel deepening or enlargement in operations requiring the 
discharge oi water from mines; 
(10) with respect to other surface impacts not specified in this 
subsection including the construction of new roads or the improve-
ment 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 struc-
tures, 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 515 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 subparagraph as are necessary 
to accommodate the distinct difference between surface and under-
ground coal mining; 
(11) to the extent possible using the best technology currently 
available, minimize disturbances and adverse impacts of the opera-
tion 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) 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) The provisions of title V of this Act relating to State and Fed-
eral 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 require-
ments, permit approval or denial procedures, and bond requirements 
as are necessary to accommodate the distinct difference between sur-
face and underground coal mining. The Secretary shall promulgate 
such modifications in accordance with the rulemaking procedure estab-
lished in section 501 of this Act. 
Urbanized areas, 
mining 
suspension. 
Ante, p. 467. 
91 STAT. 498 
PUBLIC LAW 95-87—AUG. 3, 1977 
IXSPKCTIOXS AND MONITORING 
30 use 1267. 
SEC. 517. (a) The Secietaiy shall cause to be made such mspections 
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 piogram, and for such purposes author-
ized representatives of the Secretary shall have a right of entry to, 
upon, or through any surface coal mining and reclamation operations. 
(b) For the purpose of developing or assisting in the development, 
administration, and enforcement of any approved State or Federal 
program under this Act or in the administration and enforcement of 
any permit under this Act, 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 Act— 
Records and 
(1) the regulatory authority shall require-any permittee to (A) 
reports. 
establish and uiaintain appropriate records, (B) make monthly 
reports to the regulatory authority, (C) install, use, and maintain 
any necessary monitornig equi])ment or methods, (D) evaluate 
results in accordance with such uiethods, at such locations, inter-
vals, 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 sig-
nificantly insure the hydrologic balance of water use either on or 
ofi' 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 aft'ected by the 
mining and also directly below the lowermost 
(deepest) 
coal seam to be uiined; 
(C) records of well logs and borehole data to be main-
tained ; and 
(D) monitoring sites to record precipitation. 
The monitoring data collection and analysis required by this sec-
tion shall be conducted according to standards and procedures set 
forth by the regulatory authority in order to assure their relia-
bility and validity; and 
• ' 
' 
(3) the authorized I'epresentatives of the regulatory authority, 
without advance notice and upon presentation of appropriate cre-
Right of entry. 
dentials (A) shall have the right of entry to, upon, or through 
any surface coal mining and reclamation operations or any prem-
ises in which any records required to be maintained under 
paragraph (1) of this subsection ai-e 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 Act. 
(c) 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 sur-
face 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 Act. 
(d) Each permittee shall conspicuously maintain at the entrances 
to the surface coal mining and reclamation operations a clearly visible 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 499 
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) Each inspector, upon detection of each violation of any require-
ment of any State or Federal program or of this Act, shall forthwith 
inform the operator in writing, and shall report in writing any such 
violation to the regulatory authority. 
(f) Copies of any records, reports, inspection materials, or informa-
tion obtained under this title by the regulatory authority shall be 
made immediately available to the public at central and sufficient loca-
tions in the county, multicounty, and State area of mining so that they 
are conveniently available to residents in the areas of mining. 
(g) No employee of the State regulatory authority performing any 
function or duty under this Act shall have a direct or indirect financial 
interest in any underground or surface coal mining operation. Who-
ever knowingly violates the provisions of this subsection shall, upon 
conviction, be punished by a fine of not more than $2,500, or by impris-
onment of not more than one year, or by both. The Secretary shall (1) 
within sixty days after enactment of this Act, publish in the Federal 
Register, in accordance with section 553 of title 5, United States Code, 
regulations to establish methods by which the provisions of this sub-
section will be monitored and enfoi'ced 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 706) on actions taken and not taken during the pre-
ceding year under this subsection. 
(h) (1) Any person who is or may be adversely affected by a sur-
face mining operation may notify the Secretary or any representative 
of the Secretary responsible for conducting the inspection, in writing, 
of any violation of this Act which he has reason to believ^e exists at the 
surface mining site. The Secretary shall, by regulation, establish pro-
cedures for informal leview of any refusal by a representative of the 
Secretary to issue a citation with respect to any such alleged viola-
tion. 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 inspec-
tions, 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 deter-
mination that adequate and complete inspections have or have not been 
conducted. 
PENALTIES 
SEC. 518. (a) In the enforcement of a Federal program or Federal 
lands program, or during Federal enforcement pursuant to section 
502 or during Federal enforcement of a State program pursuant to 
section 521 of this Act, any permittee who violates any permit condi-
tion or who violates any other provision of this title, may be assessed 
a civil penalty by the Secretary, except that if such violation leads to 
the issuance of a cessation order under section 521, the civil penalty 
shall be assessed. Such penalty shall not exceed $6,000 for each viola-
Violations. 
Information, 
availability to 
public. 
Conflict of 
interest. 
Penalty. 
Publication in 
Federal Register. 
Report to 
Congress. 
Review. 
30 u s e 1268. 
Ante, p. 468. 
91 STAT. 500 
PUBLIC LAW 95-87—AUG. 3, 1977 
Hearing. 
Notice. 
Waiver. 
Willful 
violations. 
Ante, p. 468. 
Post, p. 520. 
Corporate 
violations. 
tion. Each day of continuing violation may be deemed a separate vio-
lation 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 raining operation; 
the seriousness of the violation, including any irreparable harm to the 
environment and any hazard to the health or safety of the public; 
wheiher 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) 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, incorpo-
rating, when appropriate, an order therein requiring that the penalty 
be paid. When appropriate, the Secretary shall consolidate such hear-
ings with other proceedings under section 521 of this Act. Any hearing 
under this section shall be of record and shall be subject to section 
554 of title 5 of the United States Code. 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) Upon the issuance of a notice or order charging that a violation 
of the Act 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 pro-
posed penalty in full or, if the person washes to contest either the 
amount of the penalty or the fact of the violation, forward the pro-
posed 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, which-
ever 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 penalties owed under this Act, 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. 
(ej Any person who willfully and knowingly violates a condition of 
a permit issued pursuant to a Federal program, a Federal lands pro-
gram or Federal enforcement pursuant to section 502 or during Fed-
eral enforcement of a State program pursuant to section 521 of this 
Act or fails or refuses to comply with any order issued under section 
521 or Fcction 526 of this Act, or any order incorporated in a final 
decision issued bv the Secretary undei- this Act, except an order 
incorporated in a decision issued under subsection (b) of this section or 
section 704 of this Act. shall, upon conviction, be pimished by a fine 
of not more than $10,000, or by imprisonment for not more than one 
year or both. 
(f) 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 502 or Federal enforcement 
of a State program pursuant to section 521 of this Act or fails or 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 501 
Failure to correct 
violations. 
refuses to comply with any order issued under section 521 of this Act, 
or any order incorporated in a final decision issued by the Secretary 
under this Act except an order incorporated in a decision issued under 
subsection (b) of this section or section 703 of this Act, any director. Post, p. 520, 
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) Whoever knowingly makes any false statement, representation, 
or certification, or knowingly fails to make any statement, representa-
tion, 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 Act, 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) Any operator who fails to correct a violation for which a cita-
tion has been issued under section 521(a) 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 525 initiated by the operator wherein the Secretary orders, 
after an expedited hearing, the suspension of the abatement require-
ments of the citation after determining that the operator will suffer 
irreparable loss or damage from the application of those require-
ments, or until the entry of an order of the court, in the case of any 
review proceedings under section 526 initiated by the operator where-
in 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) As a condition of approval of any State program submitted 
pursuant to section 503 of this Act, the civil and criminal penalty pro-
visions 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 enforce-
ment right or procedures which are available under State law to a 
State regulatory authority but which are not specifically enumerated 
herein. 
RELEASE OF PERFORMANCE BONDS OR DEPOSITS 
SEC. 519. (a) The permittee may file a request with the regulatory 
30 USC 1269. 
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 l>een 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 own-
ers, local governmental bodies, planning agencies, and sewage and 
water treatment authorities, or water companies in the locality in 
Ante, p. 470. 
Publication in 
newspaper. 
91 STAT. 502 
PUBLIC LAW 95-87—AUG. 3, 1977 
Inspection and 
evaluation. 
Notice. 
Ante, p. 474. 
Notice of 
disapproval. 
Notice to 
municipality. 
which the surface coal mining and reclamation activities took place, 
notifying thorn of his intention to seek release from the bond. 
(b) Upon receipt of the notification and request, the regulatory 
authority shall within thirty days conduct an inspection and evalua-
tion 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 
polhition, and the estimated cost of abating such pollution. The regu-
latory 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 section 519(f), and if there has been a 
[)ublic hearing held pursuant to section 519(f), within thirty days 
thereafter. 
(c) The regulatory authority may release in whole or in part 
said br-nd 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 Act 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 reclanuition plan, the release of 60 per centum of the 
bond or colhiteral for the ai)plicable permit area. 
(2) After revegetation has been established on the regraded 
mined lands in accordance with the approved reclamation plan. 
When detei'mining the amount of bond to be released after suc-
cessful 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 reestab-
lishing revegetation and for the period specified for operator 
responsibility in section 515 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 515 (b) (10) 
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 
507(b) (16). Where a silt dam is to be retained as a permanent 
impoundment pursuant to section 515(b) (8), 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 remain-
ing portion of the bond, but not before the expiration of the 
period specified for operator responsibility in section 515: Pro-
vided, hoirever, That no bond shall be fully released until all rec-
lamation requirements of this Act are fully met. 
(d) 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 recom-
mending corrective actions necessary to secure said release and allow-
ing opportunity for a Dublic hearing. 
(e) "\^Tien any application for total or partial bond release is filed 
with the regulatory authority, the regulatory authority shall notify 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 503 
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) Any pci'son with a valid legal interest which might be adversely Written 
affected by release of the bond or the responsible officer or head of any objections. 
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 
sliall 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 Hearing. 
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 pro-
posed for bond release within thirty days of the request for such hear-
ing. Tlio 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) Without prejudice to the rights of the objectors, the applicant, 
or the responsibilities of the regulatory authority pursuant to this sec-
tion, the regulatory authority may establish an informal conference 
as provided in section 513 to resolve such written objections. 
(h) For the purpose of such hearing the regulatory authority shall 
have the authority and is hereby empowered to administer oaths, sub-
pena witnesses, or written or printed materials, compel the attendance 
of witnesses, or production of the materials, and take evidence includ-
ing 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 Act Records, 
shall be made, and a transcript made available on the motion of any 
party or by order' of the regulatory authority. 
CITIZEN SUITS 
Civil action. 
30 use 1270. 
SEC. 520. (a) 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 Act— 
(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 Act 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 per-
mit issued pursuant to this title; 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 Act which is not discretionary with the Secre-
tary or with the appropriate State regulatory authority. 
The district courts shall have jurisdiction, without regard to the Jurisdiction, 
amoimt in controversy or f he citizenship of the parties. 
91 STAT. 504 
PUBLIC LAW 95-87—AUG. 3, 1977 
Notice. 
Venue. 
28 use app. 
- (b) No action may be commenced— 
(1) under subsection (a) (1) of this section— 
(A) prior to sixty days after the plaintiff has given notice 
vf 
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 Act, or any rule, regulation, order, or permit issued 
=
, 
pursuant to this Act, but in any such action in a court of the 
f
; 
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 notifica-
tion in the case where the violation or order complained of con-
stitutes an imminent threat to the health or safety of the plaintiff 
or would immediately affect a legal interest of the plaintiff. 
(c) (1) Any action respecting a violation of this Act or the-regula-
tions 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) The court, in issuing any final order in any action brought pur-
suant 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) 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 Act and the regula-
tions thereunder, or to seek any other relief (including relief against 
the Secretary or the appropriate State regulatory authority). 
(f) 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 Act may bring an action for damages (includ-
ing 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. 
Cni •/ 
ENFORCEMENT 
' ; ' . 
Z ' ^ ' ' 
Notice. 
SEC. 521. (a) (1) Whenever, on the basis of any information avail-
30 use 1271. 
able 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 Act or any permit condition required by this Act, 
the Secretary shall notify the State regulatory authority, if one exists. 
Federal 
in the State in which such violation exists. If no such State authority 
inspection. 
exists or the State regulatory authority fails within ten days after 
, r-y.phi 
notification to take appropriate action to cause said violation to be 
corrected or to show good cause for such failure and transmit notifica-
tion of its action to the Secretary, the Secretary shall immediately 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 505 
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 sur-
face 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 Sec-
retary 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 
h's authorized representative determines that any condition or prac-
tices exist, or that any permittee is in violation of any requirement of 
this Act or any permit condition required by this Act, which condition, 
pract'ce, 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 immedi-
ately order a cessation of surface coal mining and reclamation opera-
tions 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 sub-
paragraph (a) (5) of this section. 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 
10 health or safety of the public or the significant imminent environ-
mental 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 environ-
mental 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 pro-
gram. Federal inspection pursuant to section 502, or section 504(b) or 
during Federal enforcement of a State program in accordance with 
subsection (b) of this section, the Secretary or his authorized repre-
sentative determines that any permittee is in violation of any require-
ment of this Act or any permit condition required by this Act; but 
such violation does not create an imminent danger to the health or 
safety of the pubr"c, or cannot be reasonably expected to cause sig-
nificant, 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 oppor-
tunity for public hearing. 
If, upon expiration of the period of time as originally fixed or sub-
sequently extended, for good cause shown and upon the written find-
ing 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 vio-
lation. 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 
Waiver. 
Notice. 
Cessation order. 
Affirmative 
obligations, 
imposition. 
Notice and 
hearing. 
Ante, p. 468. 
Ante, p. 471. 
Cessation order. 
91 STAT. 506 
PUBLIC LAW 95-87—AUG. 3, 1977 
Permits, 
suspension or 
revocation. 
Ante, p. 468. 
Ante, p. 471. 
Hearing. 
Notices and 
orders, contents. 
Expiration date. 
Hearing. 
Inadequate State 
enforcement. 
Notice and 
hearing. 
his authorized representative pursuant to subparagraph (a) (5) of 
this section. 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 pro-
gram, Federal inspection pursuant to section 502 or section 504 
or during Federal enforcement of a State program in accordance with 
subsection (b) of this section, the Secretary or his authorized rep-
resentative determines that a pattern of violations of any require-
ments of this Act or any permit conditions required by this Act 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 Act or any 
permit conditions, or that such violations are willfully caused by the 
permittee, the Secretary or his authorized representative shall forth-
with 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 abate-
ment, 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 rep-
resentative who issues such notice or order, and all such notices and 
orders shall be in w^riting and shall be signed by such authorized rep-
resentatives. 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) 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 pub-
lic 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 Act, the Secretary shall enforce, 
in the manner provided by this Act, any permit condition required 
under this Act, shall issue new or revised permits in accordance with 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 507 
requirements of this Act, 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 require-
ments of this Act before suspending or revoking the State permit. 
(c) The Secretary may request the Attorney General to institute 
a civil action for relief, including a permanent or temporary injunc-
tion, 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 Act, or (B) interferes with, hinders, 
or delays the Secretary or his authorized representatives in carrying 
out the provisions of this Act, or (C) refuses to admit such author-
ized representative to the mine, or (D) refuses to permit inspection 
of the mine by such authorized representative, or (E) refuses to fur-
nish any information or report requested by the Secretary in further-
ance of the provisions of this Act, or (F) refuses to permit access 
to, and copying of, such records as the Secretary determines neces-
sary in carrying out the provisions of this Act. Such court shall have 
jurisdiction to provide such relief as may be appropriate. Temporary 
restraining orders shall be issued in accordance wdth 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 title, unless, prior 
thereto, the district court granting such relief sets it aside or modifies 
it. 
(d) As a condition of approval of any State program submitted 
pursuant to section 503 of this Act, 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 proce-
dural 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. 
Civil action. 
Jurisdiction. 
Temporary 
restraining 
orders. 
28 u s e app. 
Sanctions. 
Ante, p. 470. 
DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING 
SEC. 522. (a) (1) To be eligible to assume primary regulatory 
authority pursuant to section 503, each State shall establish a plan-
ning 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 ^^ min-
eral exploration pursuant to the Act 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 regu-
latory authority determines that reclamation pursuant to the require-
ments of this Act is not technologically and economically feasible. 
(3) Upon petition pursuant to subsection (c) of this section, a sur-
face area may be designated unsuitable for certain types of surface 
coal mining operations if such operations will— 
State planning 
process, 
establishment. 
30 use 1272. 
91 STAT. 508 
PUBLIC LAW 95-87—AUG. 3, 1977 
State process, 
requirements. 
Notice and 
hearing. 
Savings 
provision. 
Federal lands. 
Area withdrawal. 
Ante, p. 471. 
Petition. 
Notice and 
hearing. 
,
« 
(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 pro-
ductivity of water supply or of food or fiber products, and such 
lands to include aquifers and aquifer recharge areas; or 
(D) aft'ect 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 
process'^s 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 the date 
of enactment of this Act or under a permit issued pursuant to this Act, 
or where substantial legal and financial commitments in such operation 
were in ex'stence prior to January 4, 1977. 
(b) 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 Fed-
eral lands which are unsuitable for all or certain types of surface coal 
mining operations: Provided, hotoerer. That the Secretary may per-
mit surface coal mininqr on Federal lands prior to the completion of 
t^ is review. When the Secretary determines an area on Federal lands 
to be unsuitable for all or certain types of surface coal mining opera-
tions, he shall withdraw such area or condition any mineral leasing or 
mineral entres in a manner so as to limit surface coal mining opera-
tions '^n such area. Where a Federal projjram has been implemented 
in a State pursuant to section 504, the Secretary shall implement a 
process for designation of areas unsuitable for surface coal mining for 
non-Federal lands within such State and such proce'ss shall incorporate 
the standards and procedures of this section. Prior to designating 
Foder^il lands unsuitable for such mining, the Secretary shall consult 
with the appropriate State and local agencies. 
(c) Any person havino- an interest which is or may be adversely 
affected shall have the right to petition the regulatory authority to 
have an area designated a« unsuitable for surface coal mining opera-
tions, or to have such a desiomation terminated. Such a petition shall 
contain aileo-a^^ions of fac^s 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 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 509 
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 peti-
tioner and any other party to the hearing, a written decision regarding 
the petition, and the reasons therefore. In the event that all the peti-
tioners stipulate agreement prior to the requested hearing, and with-
draw their request, such hearing need not be held. 
(d) Prior to designating any land areas as unsuitable for sur-
face 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) After the enactment of this Act and sulsject to valid existing 
rights no surface coal mining operations except those which exist on 
the date of enactment of this Act 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 desig-
nated under section 5(a) of the Wild and Scenic Rivers Act 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 Sus-
tained-Yield Act of 1960, the Federal Coal Leasing Amend-
ments Act of 1975, the National Forest Management Act of 
1976, and the provisions of this Act: 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 author-
ity 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 
Intervention. 
Decision. 
Statement. 
Certain Federal, 
public and 
private lands, , 
mining 
prohibition. 
16 u s e 1276. 
16 u s e 528 note. 
30 u s e 181 note. 
16 u s e 1600 
note. 
Notice and 
hearing. 
91 STAT. 510 
PUBLIC LAW 95-87—AUG. 3, 1977 
Program 
implementation. 
30 use 1273. 
Post, p. 523. 
30 use 201. 
eontracts. 
States, 
cooperative 
agreement. 
Ante, p. 468. 
feet of any public building, school, church, community, or institu-
tional building, public park, or within one hundred feet of a 
cemetery. 
FEDERAL LANDS 
SEC. 523. (a) No later than one year after the date of enactment 
of this Act, 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 
710 the provisions of this Act shall not be applicable to Indian lands. 
The Federal lands program shall, at a minimum, incorporate all of the 
requirements of this Act and shall take into consideration the diverse 
physical, climatological, and other unique characteristics of the Fed-
eral 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 
2(a), (2)(B) and 2(a)(3) of the Federal Mineral leasing Act, as 
amended, and shall continue to be responsible for designation of Fed-
eral lands as unsuitable for mining in accordance with section 522(b) 
of this title. 
(b) The requirements of this Act and the Federal lands program 
or an approved State program for State regulation of surface coal 
mining on Federal lands under subsection (c), 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 tech-
nology, and to require any surface mining and reclamation operations 
to conform with the requirements of this Act and the regulations issued 
pursuant to this Act. 
(c) 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 Act. States with cooperative agreements existing on 
the date of enactment of this Act, 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 
wdth the initial regulatory procedures set forth in section 502 of this 
Act. 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 522 of this Act, or to regulate 
other activities taking place on Federal lands. 
(d) 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. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 511 
PUBLIC AGENCIES, PUBLIC UTILITIES, AND PUBLIC CORPORATIONS 
SEC. 524. 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 pro-
poses to engage in surface coal mining operations which are subject to 
the requirements of this Act shall comply with the provisions of 
title V. 
REVIEW BY SECRETARY 
Compliance. 
30 use 1274. 
30 use 1275. 
Investigation. 
Hearing. 
Notice. 
Findings of fact. 
Decision. 
SEC. 525. (a) (1) A permittee issued a notice or order by the Sec-
retary pursuant to the provisions of subparagraphs (a) (2) and (3) 
of section 521 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 modifica-
tion, 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 
termmation. 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 tiling 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 writ-
ten 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 of the United States Code. 
(b) Upon receiving the report of such investigation, the Secretary 
shall make findings of fact, and shall issue a written decision, incor-
porating therein an order vacating, affirming, modifying, or terminat-
ing 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 ces-
sation of surface coal mining and reclamation operations issued pur-
suant to the provisions of subparagraph (a)(2) or (a)(3) of section 
521 of this title, the Secretary shall issue the written decision within 
thirty days of the receipt of the application for review, unless tem-
porary relief has been granted by the Secretary pursuant to subpara-
graph (c) of this section or by the court pursuant to subparagraph 
(c) of section 526 of this title. 
(c) Pending completion of the investigation and hearing required 
Temporary relief, 
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 521 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 Order or decision. 
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 subparagraph 
(a) (2) or (a) (3) of section 521 of this title, the order or decision on 
sucli 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— 
91 STAT. 512 
PUBLIC LAW 95-87—AUG. 3, 1977 
Hearing. 
Notice and 
hearing. 
Decision. 
Costs, 
assessment. 
(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) Following the issuance of an order to show cause as to why a 
permit should not be suspended or revoked pursuant to section 521, 
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 of the United States 
('ode. Within sixty days following the public hearing, the Secretary 
shall issue and furnish to the permittee and all other parties to thfj 
hearing a written decision, and the reasons therefor, concerning sus-
pension or revocation of the permit. If the Secretary revokes the per-
mit, 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) Whenever an order is issued under this section, or as a result of 
any administrative proceeding under this Act, 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 
T'easonably 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 admin-
istrative proceedings, deems proper. 
30 use 1276. 
Ante, pp. 467, 
486, 495. 
Petition. 
. 
JUDICIAL REVIEW 
• 
. 
SEC. 526. (a) (1) Any action of the Secretary to approve or dis-
approve a State program or to prepare or promulgate a Federal pro-
gram pursuant to this Act 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 Secre-
tary promulgating national rules or regulations including standards 
pursuant to sections 501, 515, 516, and 523 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 5 U.S.C. § 554 (1970) 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 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 513 
tlie district in which the surface coal mining operation is located. In the Jurisdiction, 
case of a proceeding to review an order or decision issued by the Sec-
retary under the penalty section of this Act, the court shall have juris-
diction to enter an order requiring payment of any civil penalty 
assessment enforced by its judgment. This availability of review estab-
lished in this subsection shall not be construed to limit the operations 
of rights established in Section 520. 
(b) The court shall hear such petition or complaint solely on the 
record made before the Secretary. Except as provided in subsection 
(a), 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 
[)roceedings to the Secretary for such further action as it may direct. 
(c) In the case of a proceeding to review any order or decision issued Temporary relief, 
by the Secretary under this Act, including an order or decision issued 
pursuant to subparagraph (c) or (d) of section 525 of this title per-
taining to any order issued under subparagraph (a) (2), (a) (3), or (a) 
(4) of section 521 of this title for cessation of coal mining and recla-
nuition 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 Notice and 
an opportunity to be heard on a request for temporary relief; 
hearing. 
(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) The commencement of a proceeding under this section shall not, 
uidess specifically ordered by the court, operate as a stay of the action, 
order, or decision of the Secretary. 
(e) 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 avail-
ability of such review shall not be construed to limit the operation of 
the rights established in section 520 except as provided therein. 
SL'KCIAL BrrUMINOUS COAL MINES 
. ,. 
SEC. 527. (a) The regulatory authority is authorized to issue sep-
arate 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 horizon-
tal, and continues in the same area proceeding downward with 
., lateral expansion of the pit necessary to maintain stability or as 
I necessary to accommodate the orderly expansion of the total min-
f: ing 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: 
> .«>. -;. 
. 
-
Regulations. 
30 use 1277. 
91 STAT. 514 
PUBLIC LAW 95-87—AUG. 3, 1977 
• 
' ' 
(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 Act; 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 sub-
stantially committed to a mode of operation which warrants 
exceptions to some provisions of this title. 
N
e
w bituminous 
(b) Such separate regulations shall also contain a distinct part to 
coal mines. 
cover and pertain to new bituminous coal surface mines which may be 
developed after the date of enactment of this Act 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 
section 527(a) except for subparagraphs (3) and (7), and all require-
ments 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 pur-
poses of this Act. 
: 
(c) 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 high-
walls are stable. All other performance standards in this title shall 
apply to such mines. 
SURFACE MINING OPERATIONS NOT SUBJECT TO THIS ACT 
30 use 1278. 
SEC. 528. The provisions of this Act shall not apply to any of the 
following activities: 
(1) the extraction of coal by a landowner for his own noncom-
mercial use from land owned or leased by him; 
(2) the extraction of coal for commercial purposes where the 
surface mining operation affects two acres or less; and 
(3) the extraction of coal as an incidental part of Federal, 
State or local government-financed highway or other construc-
tion under regulations established by the regulatory authority. 
Regulations. 
30 use 1279. 
Ante, pp. 486, 
495. 
Ante, pp. 479, 
501. 
ANTHRACITE 
COAL 
MINES 
SEC. 529. (a) The Secretary is hereby authorized to and shall issue 
separate regulations according to time schedules established in the 
Act 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 at the date of enactment of this Act in lieu of sections 515 
and 516. Provisions of sections 509 and 519 are applicable except for 
specified bond limits and period of revegetation responsibility. All 
ither provisions of this Act 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 Act, the Secretary 
shall issue such additional regulations as necessary to meet the pur-
poses of this Act. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 515 
(b) The Secretary of Interior shall report to Congress biennially, 
commencing on December 31,1977, as to the effectiveness of such State 
anthracite regulatory programs operating in conjunction with this Act 
with respect to protecting the environment and such reports shall 
include those recommendations the Secretary deems necessary for pro-
gram changes in order to better meet the environmental protection 
objectives of this Act. 
TITLE VI—DESIGNATION OF LANDS UNSUITABLE FOR 
NONCOAL MINING 
Biennial report to 
Congress. 
DESIGNATION 
PROCEDURES 
SEC. 601. (a) 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) 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 pri-
marily for residential or related purposes. 
(c) 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 opera-
tions. Such petition shall contain allegations of fact with supporting 
evidence which would tend to substantiate the allegations. The peti-
tioner 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 Secre-
tary 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) In no event is a land area to be designated unsuitable for min-
ing operations under this section on which mining operations are being 
conducted prior to the holding of a hearing on such petition in accord-
ance with subsection (c) hereof. Valid existing rights shall be pre-
served 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 explora-
tion shall require the prior written consent of the holder of the sur-
face estate, which consent shall be filed with the Secretary. The 
Secretary may promulgate, with respect to any designated area, regu-
lations to minimize any adverse effects of such exploration. 
(e) 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) When the Secretary designates an area of Federal lands as 
unsuitable for all or certain types of mining operations for minerals 
Review. 
30 u s e 1281. 
Exclusion 
petition. 
Hearing. 
Temporary land 
withdrawal. 
Rights, 
preservation. 
Regulations. 
Statement. 
Area withdrawal. 
91 STAT. 516 
PUBLIC LAW 95-87—AUG. 3, 1977 
j . ., 
... -u and materials other than coal pursuant to this section he may with-
draw 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 anal-
ysis pursuant to subsection 601(e), 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. 
Appeal. 
(g) Any party with a valid legal interest who has appeared in the 
proceedings in connection with the Secretary's determination pur-
suant 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 dis-
trict in which the pertinent area is located. 
TITLE VII—ADMINISTRATIVE AND 
MISCELLANEOUS 
PROVISIONS 
: : - •.^•:. i ::v- 
; . ; 
D E F I N I T I O N S 
• ' . ^ • ; ' . ' . 
30 use 1291. 
SEC. 701. For the purposes of this Act— 
(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 wind-
blown deposits; 
(2) "approximate original contour" means that surface con-
figuration 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 
Ante, p. 486. 
with section 515(b) (8) of this Act; 
(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 inter-
' • 
state commerce; 
(4) "Federal lands" means any land, including mineral inter-
ests, 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 Act lands 
., or mineral interests east of the one hundredth meridian west lon-
gitude owned by the United States and entrusted to or managed 
by the Tennessee Valley Authority shall not be subject to sections 
714 (Surface Owner Protection) and 715 (Federal Lessee Pro-
, tection) of this Act. 
(5) "Federal lands program" means a program established 
by the Secretary pursuant to section 523 to regulate surface coal 
mining and reclamation operations on Federal lands; 
:. ...,,•_ i
^ 
(6) "Federal program" means a program established by the 
Ante, p. 471. 
^ i Secretary pursuant to section 504 to regulate surface coal mining 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 517 
and reclamation operations on lands within a State in accordance 
with the requirements of this Act; 
(7) "fund" means the Abandoned Mine Keclamation Fund 
established pursuant to section 401; 
_ 
Ante, p. 456. 
(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 Act in a surface coal min-
ing and reclamation operation, which condition, practice, or viola-
tion 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 per-
son, 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 Eeclamation 
and Enforcement established pursuant to title I I ; 
^"^^' P- ^^• 
(13) "operator" means any person, partnership, or corporation 
engaged in coal mining who removes or intends to remove more 
than tAvo 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, metal-
liferous 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 pur-
suant to a Federal program; 
(16) "permit applicant" or "applicant" means a person apply-
ing 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 509 of this Act and shall be readily identifiable 
Ante, p. 479. 
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 composi-
tion, susceptibility to flooding, and erosion characteristics, and 
91 STAT. 518 
PUBLIC LAW 95-87—AUG. 3, 1977 
which historically have been used for intensive agricultural pur-
poses, and as published in the Federal Register. 
(21) "reclamation plan" means a plan submitted by an appli-
'» 
^ " f 
cant for a permit under a State program or Federal program 
which sets forth a plan for reclamation of the proposed surface 
Ante, p. 478. 
coal mining operations pursuant to section 608; 
(22) "regulatory authority" means the State regulatory 
authority where the State is administering this Act under an 
approved State program or the Secretary where the Secretary is 
administering this Act 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 
Ante, p. 470. 
pursuant to section 503 to regulate surface coal mining and rec-
lamation operations, on lands within such State in accord with 
the requirements of this Act and regulations issued by the Secre-
tary pursuant to this Act; 
(26) "State regulatory authority" means the department or 
agency in each State which has primary responsibility at the State 
level for administering this Act; 
(27) "surface coal mining and reclamation operations" means 
surface mining operations and all activities necessary and incident 
to the reclamation of such operations after the date of enactment 
- ' 
of this Act; 
(28) "surface coal mining operations" means— 
(A) activities conducted on the surface of lands in connec-
tion with a surface coal mine or subject to the requirements of 
Ante, p. 495. 
section 516 surface operations and surface impacts incident to 
an underground coal mine, the products of which enter com-
merce 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 com-
merce at or near the mine site: Provided, however, That such 
-
V 
activities do not include the extraction of coal incidental to 
the extraction of other minerals where coal does not exceed 
16% per centum of the tonnage of minerals removed for pur-
poses of commercial use or sale or coal explorations subject to 
Ante, p. 483. 
section 512 of this Act; 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 con-
struction of new roads or the improvement or use of existing 
roads to gain access to the site of such activities and for haul-
age, and excavations, workings, impoundments, dams, venti-
lation shafts, en 
try 
ways, 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 struc-
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 519 
tures, facilities, or other property or materials on the surface, 
resulting from or incident to such activities; and 
(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 Act due to indifference, lack of dili-
gence, or lack of reasonable care, or the failure to abate any viola-
tion of such permit or the Act 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 title VIII, means 
a university coal research laboratory established and operated 
pursuant to a designation made under section 801 of this Act; 
(32) the term "institution of higher education" as used in titles 
VIII and IX, means any such institution as defined by section 
1201 (a) of the Higher Education Act of 1968. 
20 use 1141. 
; 
OTHER FEDERAL LAWS 
SEC. 702. (a) Nothing in this Act shall be construed as superseding, 30 USC 1292. 
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 USC 801 note 
(3) The Federal Water Pollution Control Act (79 Stat. 903), 
as amended (33 U.S.C. 1151-1175), the State laws enacted pur-
suant thereto, or other Federal laws relating to preservation of 
water quality. 
(4) The Clean Air Act, as amended (42 U.S.C. 1857 et seq.). 
(5) The Solid Waste Disposal Act (42 U.S.C. 3251-3259). 
(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) Nothing in this Act shall affect in any way the authority of the 
Secretary or the heads of other Federal agencies under other provi-
sions 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) To the greatest extent practicable each Federal agency shall Cooperation, 
cooperate with the Secretary and the States in carrying out tJie pro-
visions of this Act. 
(d) Approval of the State programs, pursuant to section 503(b), Ante, p. 470. 
promulgation of Federal programs, pursuant to section 504, and imple- ^^^te, p. 471. 
mentation of the Federal lands programs, pursuant to section 523 of 
this Act, shall not constitute a major action within the meaning of sec-
tion 102(2) (C) of the National Environmental Policy Act of 1969 (42 
U.S.C, 4332). Adoption of regulations under section 501(b) shall Ante, p. 467. 
91 STAT. 520 
PUBLIC LAW 95-87—AUG. 3, 1977 
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). 
Retaliatory 
practices, 
prohibition. 
30 use 1293. 
Review. 
Investigation. 
Notice and 
hearing. 
Findings of fact, 
report. 
Judicial review. 
Costs, 
assessment. 
EMPLOYEE PROTECTION 
SEC. 703. (a) No person shall discharge, or in any other way dis-
criminate 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 Act, or has 
testified or is about to testify in any proceeding resulting from the 
administration or enforcement of the provisions of this Act. 
(b) 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 relat-
ing 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 of the United States Code. 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 incorpo-
rating therein his findings and an order requiring the party commit-
ting 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 em-
ployees 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 Act. 
(c) Whenever an order is issued under this section to abate any vio-
lation, 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. 
Penalty. 
30 use 1294. 
30 use 1295. 
PROTECTION o r 
GOVERNMENT 
EMPLOYEES 
SEC. 704. Section 1114, title 18, United States Code, is hereby 
amended by adding the words "or of the Department of the Interior" 
after the words "Department of Labor" contained in that section. 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 Act shall be punished by a 
fine of not more than $5,000 or by imprisonment for not more than one 
year, or both. 
GRANTS TO THE STATES 
' 
SEC 705. (a) The Secretary is authorized to make annual grants 
to any State for the purpose of assisting such State in developing. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 521 
administering, and enforcing State programs under this Act. 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) The Secretary is authorized to cooperate with and provide 
assistance to any State for the purpose of assisting it in the develop-
ment, 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 develop-
ment, 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 effec-
tiveness of the State programs. Such assistance shall include all 
Federal departments and agencies making available data rele-
vant to surface coal mining and reclamation operations and to the 
development, administration, and enforcement of State pro-
grams concerning such operations. 
(c) If, in accordance v^^ith section 523(d) of this Act, a State elects 
to regulate surface coal mining and reclamation operations on Fed-
eral 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. 
ANNUAL REPORT 
SEC. 706. 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 Act. Among 
other matters, the Secretary shall include in such report recommenda-
tions for additional administrative or legislative action as he deems 
necessary and desirable to accomplish the purposes of this Act. 
State programs, 
assistance. 
Annual grants,, 
increase. 
Annual report to 
President and 
Congress. 
30 u s e 1296. 
SEVERABILITY 
SEC. 707. If any provision of this Act or the applicability thereof 30 U
S
C 1297. 
to any person or circumstances is held invalid, the remainder of this 
Act and the application of such provision to other persons or circum-
stances shall not be affected thereby. 
ALASKAN SURFACE COAL MINE STUDY 
SEC. 708. (a) 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 Engi-
neering 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 Act should be modified with respect to surface coal mining 
operations in Alaska. 
(b) The Secretary shall report on the findings of the study to the 
President and Congress no later than two years after the date of 
enactment of this Act. 
(c) The Secretary shall include in his report a draft of legislation 
to implement any changes recommended to this Act. 
Contract. 
30 USC 1298. 
Report to 
President and 
Congress. 
Draft legislation. 
91 STAT. 522 
PUBLIC LAW 95-87—AUG. 3, 1977 
Modifications. 
Publication in 
Federal Register. 
Hearing. 
Interim 
regulations. 
Ante, p. 467. 
Approriation 
authorization. 
(d) Until one year after the Secretary has made this report to the 
President and Congress, or three years after the date of enactment 
of this Act, whichever comes first, the Secretary is authorized to mod-
ify the applicability of any environmental protection provision of this 
Act, or any regulation issued pursuant thereto, to any surface coal 
mining operation in Alaska from which coal has been mined during 
the year preceding enactment of this Act if he determines that it is 
necessary to insure the continued operation of such surface coal min-
ing 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) In order to allow new mines in Alaska to continue orderly 
development, the Secretary is authorized to issue interim regulations 
pursuant to section 501(b) 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 tlie other coal regions. 
(f) There is hereby 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. 
Contract. 
30 use 1299. 
Legislative 
recommendations, 
submittal to 
President and 
Congress. 
STUDY OF RECLAMATION STANDARDS FOR SURFACE MINING OF OTHER 
MINERALS 
SEC. 709. (a) 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 agen-
cies or private groups as appropriate, for an in-depth study of cur-
rent and developing technology for surface and open pit mining and 
reclamation for minerals other than coal designed to assist in the estab-
lishment 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 Act can 
be met by such technology and the costs involved; 
(2) identify areas where the requirements of this Act cannot 
he met by curi-ent and developing technology; 
(3) in those instances describe requirements most comparable 
to those of this Act which could be met, the costs involved, and 
the differences in reclamation results between these requirements 
and those of this Act; 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) The study together with specific legislative recommendations 
shall be submitted to the President and the Congress no later than 
eighteen months after the date of enactment of this Act: 
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 the 
date of enactment of this Act: 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 the date of enactment 
of this Act. 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 523 
(c) There are hereby 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. 
Appropriation 
authorization. 
INDIAN 
LANDS 
SEC. 710. (a) The Secretary is directed to study the question of the 
regulation of surface mining on Indian lands which will achieve the 
purpose of this Act 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) The study report required by subsection (a) 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) On and after one hundred and thirty-five days from the enact-
ment of this Act, all surface coal mining operations on Indian lands 
shall comply wdth requirements at least as stringent as those imposed 
by subsections 515(b) (2), 515(b) (3), 515(b) (5), 515(b) (10), 515(b) 
(13), 515(b) (19), and 515(d) of this Act and the Secretary shall 
incorporate the requirements of such provisions in all existing and 
new leases issued for coal on Indian lands. 
(d) On and after thirty months from the enactment of this Act, 
all surface coal mining operations on Indian lands shall comply with 
requirements at least as stringent as those imposed by sections 507, 
508, 509, 510, 515, 516, 517, and 519 of this Act and the Secretary shall 
incorporate the requirements of such provisions in all existing and 
new leases issued for coal on Indian lands. 
(e) With respect to leases issued after the date of enactment of this 
Act, the Secretary shall include and enforce terms and conditions in 
addition to those required by subsections (c) and (d) as may be 
requested by the Indian tribe in such leases. 
(f) 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 i he date of enactment of this Act, shall require the approval of the 
Secretary. 
(g) 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 712(a) 
shall be reserved for this purpose. 
(h) The Secretary shall analyze and make recommendations re-
garding the jurisdictional status of Indian Lands outside the exterior 
boundaries of Indian reservations: Provided, That nothing in this Act 
shall change the existing jurisdictional status of Indian Lands. 
Study report, 
submittal to 
Congress. 
30 use 1300. 
Proposed 
legislation. 
Compliance. 
Ante, p. 486. 
Ante, pp. 474, 
478, 479, 480, 
486, 495, 498, 
501. 
Terms and 
conditions. 
EXPERIMENTAL 
PRACTICES 
SEC. 711. In order to encourage advances in mining and reclamation 
30 USC 1301. 
practices or to allow post-mining land use for industrial, commercial, 
residential, or public use (including recreational facilities), the regu-
latory authority with approval by the Secretary may authorize 
departures in individual cases on an experimental basis from the envi-
ronmental protection performance standards promulgated under 
sections 515 and 516 of this Act. Such departures may be authorized if 
(i) the experimental practices are potentially more or at least as envi-
ronmentally protective, during and after mining operations, as those 
required by proniulgated standards; (ii) the mining operations 
approved for particular land-use or other purposes are not larger or 
91 STAT. 524 
PUBLIC LAW 95-87—AUG. 3, 1977 
more numerous than necessary to determine the effectiveness and eco-
nomic feasibility of the experimental practices; and (iii) the experi-
mental practices do not reduce the protection afforded public health 
and safety below that provided by promulgated standards. 
30 use 1302. 
Ante, pp. 468, 
510. 
Ante, p. 474. 
Ante, p. 456. 
Limitation. 
AUTHORIZATIO^'^ OP APPROPRIATIONS 
SEC. 712. There is authorized to be appropriated to the Secretary 
for the purposes of this Act the following sums; and all such funds 
appropriated shall remain available until expended: 
(a) For the implementation and funding of sections 502, 523, and 
710, there are authorized to be appropriated to the Secretary of the 
Interior the sum of $10,000,000 for the fiscal year ending Septem-
ber 30,1978, and $10,000,000 for each of the two succeeding fiscal years. 
(b) Commencing in the fiscal year ending September 30, 1978, and 
for each fiscal year for a period of fifteen fiscal years thereafter, for 
the implementation and funding of section 507(c) there are author-
ized to be appropriated sums reserved by section 401(b) (1) for the 
purposes of section 507(c) and such additional sums, for the fiscal 
year ending September 30, 1978, and for each fiscal year for a period 
of fifteen fiscal years thereafter, are authorized to be appropriated as 
may be necessary to provide an amount not to exceed $10,000,000 to 
carry out the purposes of section 507 (c). 
(c) For the implementation and funding of section 705 and for the 
administrative and other purposes of this Act, except as otherwise 
provided for in this Act, 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 fimds 
that are required thereafter. 
(d) In order that the implementation of the requirements of this 
Act 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 end-
ing September 30, 1977, for the administration and other purposes of 
the Act. 
30 use 1303. 
42 use 1857 
note. 
33 use 1151 
note. 
Presidential 
authority. 
'^ ' ' 
COORDINATION OP REGULATORY AND INSPECTION ACTIVITIES 
SEC. 713. (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 Act, by the Clean Air Act, 
by the Water Pollution Control Act, by the Department of Energy 
Organization Act, 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. 
SURFACE OWNER PROTECTION 
30 use 1304. 
SEC. 714. (a) The provisions of this section shall apply where coal 
owned by the United States under land the surface rights to which are 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 525 
owned by a surface owner as defined in this section is to be mined by 
methods other than underground mining techniques. 
(b) Any coal deposits subject to this section shall be offered for lease 
pursuant to section 2(a) of the Mineral Lands Leasing Act of 1920, 
as amended, 
(c) 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 the enactment of this Act shall Le deemed sulficient 
for the purposes of complying with this section. 
(d) In order to minimize disturbance to surface owners from sur-
face coal mining of Federal coal deposits and to assist in the prepara-
tion of comprehensive land-use plans required by section 2(a) of the 
Mineral Lands leasing Act of 1920, as amended, 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 practi-
cable, 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) 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 per-
sonally 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) This section shall not apply to Indian lands. 
(g) Nothing in this section shall be construed as increasing or 
diminishing any property rights by the United States or by any other 
landowner. 
FEDERAL LESSEE PROTECTION 
SEC. 715. In those instances where the coal proposed to be mined by 
surface coal mining operations is owned by the Federal Government 
aiid 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 oper-
ations 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 
30 use 201. 
Consent. 
'Surface owner. 
Permit 
applications, 
contents. 
30 use 1305. 
91 STAT. 526 
PUBLIC LAW 95-87—AUG. 3, 1977 
of the permittee or lessee of the surface lands as may be deter-
mined 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 per-
formance bond required for reclamation under this Act. 
30 use 1306. 
43 use 1604 
note. 
30 use 1307. 
ALASKA COAL 
SEC. 716. Nothing in this Act 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: Provided^ 
That such surface coal mining operations meet the requirements of 
the Act. 
WATER RIGHTS AND REPLACEMENT 
SEC. 7l7. (a) Nothing in this Act 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 sup-
ply has been affected by contamination, diminution, or interruption 
proximately resulting from such surface coal mine operation. 
ADVANCE APPROPRIATIONS 
30 use 1308. 
SEC. 718. Notwithstanding any other provision of this Act, no 
authority to make payments under this Act shall be effective except 
to such extent or in such amounts as are provided in advance in 
appropriation Acts. 
CERTIFICATION AND TRAINING OF BLASTERS 
? 
Regulations. 
SEC. 719. In accordance with this Act, the Secretary of the Interior 
30 use 1309. 
(or the approved State regulatory authority as provided for in section 
Ante, p. 470. 
503 of this Act) shall promulgate regulations requiring the training, 
examinntion, and certification of persons engaging in or directly 
responsible for blasting or use of explosives in surface coal mining 
operations. 
TITLE VIII—UNIVERSITY COAL RESEARCH 
LABORATORIES 
30 use 1311. 
eriteria. 
ESTABLISHMENT OF UNIVERSITY COAL RESEARCH LABORATORIES 
SEC. 801. (a) The Administrator, Energy Research and Develop-
ment Administration (hereafter referred to as "Administrator" in this 
title), after consultation with the National Academy of Engineering, 
is authorized and directed to designate ten institutions of higher edu-
cation at which university coal research laboratories will be established 
and operated. 
(b) In making designations under this section, the Administrator 
shall consider the following criteria: 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 527 
(1) The institution of higher education 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 title. 
(c) Not more than one coal laboratory established pursuant to this 
title 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 Bureau of Mines, including Alaska. 
(d) The Administrator shall establish a period, not in excess of Application, 
ninety days after the date of enactment of this Act, for the submission 
of applications for designation under this section. Any institution of 
higher education desiring to be designated under this title shall sub-
mit an application to the Administrator in such form, at such time, and 
containing or accompanied by such information as the Administrator 
may reasonably require. Each application shall— 
Contents. 
(1) describe the facilities to be established for coal energy 
resources and conversion research and research on related envi-
ronmental problems including facilities for interdisciplinary aca-
demic research projects by the combined efforts of specialists such 
as mining engineers, mineral engineers, geochemists, mineralo-
gists, 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 labora-
tozy for coal characterization which, in addition, may be used as 
a site for the exchange of coal research activities by representa-
tives of 
private industry engaged in coal research and 
•• • ' 
characterization; 
(3) set forth a program for providing research and develop-
ment 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) The Administrator 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. 
' 
FIN"ANCIAL ASSISTANCE 
SEC. 802. (a) The Administrator is authorized to make grants to any Grants, 
institution of higher education designated under section 801 to pay the 30 USC 1312. 
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 Application, 
section 801 shall submit an application to the Administrator, Each Contents, 
such application shall— 
(1) set forth the program to be conducted at the coal labora-
tory which includes the purposes set forth in section 801(d); 
91 STAT. 528 
PUBLIC LAW 95-87—AUG. 3, 1977 
Report. 
(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 title; 
(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 Administrator 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 801(d) (1), (2), and (3), and in no case 
supplant such funds. 
> 
30 use 1313. 
30 use 1314. 
Operating 
expenses, Federal 
share. 
Establishment. 
Members. 
30 u s e 1315. 
LIMITATION ON PAYMENTS 
SEC. 803. (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. 
;u; 'lynnin. !' 
PAYMENTS 
'•",'•" ' '^ 
SEC. 804. (a) From the amounts appropriated pursuant to section 
806, the Administrator shall pay to each institution of higher educa-
tion having an application approved under this title 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. 
ADVISORY COUNCIL ON COAL R E S E A R C H 
SEC. 805. (a) There is established an Advisory Council on Coal 
Research which shall be composed of— 
(1) the Administrator, ERDA, who shall be Chairman; 
(2) the Director of the 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 Administrator from among 
individuals who, by virtue of experience or training, are knowl-
edgeable 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, 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 529 
nonindustrial consumer groups, and institutions concerned with 
the preservation of the environment. 
(b) The Advisory Council shall advise the Administrator with 
respect to the general administration of this title, and furnish such 
additional advice as he may request. 
(c) The Advisory Council shall make an annual report of its find-
ings and recommendations (including recommendations for changes 
in the provisions of this title) to the President not later than Decem-
ber 31 of each calendar year. The President shall transmit each such 
report to the Congress. 
(d)(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 Administrator but not exceeding the daily rate prescribed 
for GS-18 of the General Schedule under section 5332 of title 5, United 
States Code, 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, 
United States Code, 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) 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. 
Annual report to 
President, 
transmittal to 
Congress. 
Compensation 
and travel 
expenses. 
Meeting 
alternates. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 806. There are authorized to be appropriated not to exceed 30 USC 1316. 
$30,000,000 for the fiscal year ending September 30, 1979 (including 
the cost of construction, equipment, and startup expenses), and 
$7,500,000 beginning with the fiscal year 1980 each fiscal year there-
after through the fiscal year ending June 30, 1983, to carry out the 
provisions of this title. 
TITLE IX—ENEEGY EESOURCE GKADUATE 
FELLOWSHIPS 
PROGRAM AUTHORIZED 
SEC. 901, (a) The Administrator ERDA (hereafter referred to as 30 USC 1321. 
''Administrator" in this title), is authorized to award under the pro-
visions of this title not to exceed one thousand fellowships for the 
fiscal year ending September 30, 1979, and each of the five succeed-
ing fiscal years. F'ellowships shall be awarded under the provisions of 
this title for graduate study and research in those areas of applied 
science and engineering that are related to the production, conserva- 
--
tion, 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 Administrator after consultation with the Commis-
sioner of Education. 
(b) Such fellowships shall be awarded for such periods as the Term. 
Administrator may determine, but not to exceed two years. 
91 STAT. 530 
PUBLIC LAW 95-87—AUG. 3, 1977 
30 use 1322. 
(c) In addition to the number of fellowships authorized to be 
awarded by subsection (a) of this section, the Administrator is author-
ized to award fellowships equal to the number previously awarded 
during any fiscal year under this title 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 Administrator 
may determine. 
AWARDING OF FELLOWSHIPS 
SEC. 902. Recipients of fellowships under this title 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. 
DISTRIBUTION OF FELLOWSHIPS 
30 use 1323. 
SEC. 903. In awarding fellowships under the provisions of this title, 
the Administrator shall endeavor to provide equitable distribution of 
such fellowships throughout the Nation, except that the Administrator 
shall give special attention to institutions of higher education, librar-
ies, archives, or other research centers which have a demonstrated 
• 
capacity to offer courses of study or research in the field of energy 
: 
r 
resources and conservation and conversion and related disciplines. In 
carrying out his responsibilities under this section, the Administrator 
shall take into consideration the projected need for highly trained 
engineers and scientists in the field of energy sources. 
STIPENDS AND INSTITUTIONS OF HIGHER EDUCATION ALLOWANCES 
30 use 1324. 
SEC. 904. (a) Each person awarded a fellowship under this title 
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 sub-
section (a) 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. 
. 
LIMITATION 
30 use 1325. 
SEC. 905. No fellowship shall be awarded under this title for study 
"School or 
at a school or department of divinity. For the purpose of this section, 
department of 
the term "school or department of divinity" means an institution or 
divinity." 
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. 
FELLOWSHIP CONDITIONS 
30 use 1326. 
SEC. 906. (a) A person awarded a fellowship under the provisions 
of this title shall continue to receive the payments provided in section 
904(a) only during such periods as the Administrator finds that he is 
PUBLIC LAW 95-87—AUG. 3, 1977 
91 STAT. 531 
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 Administrator. 
(b) The Administrator shall require reports containing such infor- Reports, 
mation in such forms and to be filed at such times as he determines 
necessary from each person awarded a fellowship under the provi-
sions of this title. 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 Adminis-
trator, stating that svich person is making satisfactory progress in, 
and is devoting essentially full time to the research for which the 
fellowship was awarded. 
APPROPRIATIONS AUTHORIZED 
SEC. 907. There are authorized to be appropriated $11,000,000 for 30 USC 1327. 
the fiscal year ending September 30,1979, and for each of the five suc-
ceeding fiscal years. For payments for the initial awarding of fellow-
ships awarded under this title, 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. 
RESEARCH AND DEMONSTRATION PROJECTS OF ALTERNATIVE COAL 
MINING TECHNOLOOIES 
SEC. 908. (a) The Administrator is authorized to conduct and pro- 30 USC 1328. 
mote the coordination and acceleration of, research, studies, surveys, 
experiments, demonstration projects, and training relating to— 
(1) the development and application of coal mining technolo-
gies 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) In conducting the activities authorized by this section, the Contracts. 
Administrator may enter into contracts with and make grants to quali- Grants, 
fied institutions, agencies, organizations, and persons. 
(c) There are authorized to be appropriated to the Administrator, Appropriation 
to carry out the purposes of this section, $35,000,000 for each fiscal authorization, 
year beginning with the fiscal year 1979, and for each year thereafter 
for the next four years. 
(d) At least sixty days before any funds are obligated for any Publication in 
research studies, surveys, experiments or demonstration projects to be Federal Registe:-. 
conducted or financed under this Act in any fiscal year, the Administra-
tor in consultation with the heads of other Federal agencies having the 
authority to conduct or finance such projects, shall determine and pub-
lish such determinations in the Federal Register that such projects are 
not being conducted or financed by any other Federal agency. On Report to 
December 31 of each calendar year, the Secretary shall report to the Congress. 
Congress on the research studies, surveys, experiments or demonstra-
tion projects, conducted or financed under this Act, including, but not 
limited to, a statement of the nature and purpose of each project, the 
91 STAT. 532 
PUBLIC LAW 95-87—AUG. 3, 1977 
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. 
Information, 
(e) Subject to the patent provisions of section 306(d) of this Act, 
availability to 
all information and data resulting from any research studies, surveys, 
public. 
experiments, or demonstration projects conducted or financed under 
Ante, p. 454. 
^j^jg ^^^ gj^^jj j^g promptly made available to the public. 
Approved August 3, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-218 (Coram, on Interior and Insular Affairs) and No. 
95-493 (Comm. of Conference). 
SENATE REPORTS: No. 95-128 accompanying S. 7 (Comm. on Energy and Natural 
Resources) and No. 95-337 (Comm. on Conference). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Apr. 28, 29, considered and passed House. 
• 
' 
May 19, S. 7 considered in Senate. 
May 20, considered and passed Senate, amended, in lieu of S. 7. 
July 20, Senate agreed to conference report. 
July 21, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: 
Aug. 3, Presidential statement.