Notes on surface mining control and reclamation : US Code - Notes

Search Notes on surface mining control and reclamation : US Code - Notes

SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY
Sec.
1201. Congressional findings.
1202. Statement of purpose.

SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
1211. Office of Surface Mining Reclamation and Enforcement.
(a) Establishment.
(b) Appointment, compensation, duties, etc., of
Director; employees.
(c) Duties of Secretary.
(d) Restriction on use of Federal coal mine health
and safety inspectors.
(e) Repealed.
(f) Conflict of interest; penalties; rules and
regulations; report to Congress.
(g) Petition for issuance, amendment, or repeal of
rule; filing; hearing or investigation; notice
of denial.

SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
INSTITUTES
1221. Authorization of State allotments to institutes.
1222. Research funds to institutes.
(a) Authorization of appropriations.
(b) Application for funds; contents.
(c) Research facilities; selection of institutes;
designation of funds for scholarships and
fellowships.
(d) Requirements for receipt of funds.
(e) Restriction on application of funds.
1223. Funding criteria.
1224. Duties of Secretary.
(a) Consulting with other agencies; prescribing
rules and regulations; furnishing advice and
assistance; coordinating research.
(b) Annual ascertainment of compliance.
1225. Effect on colleges and universities.
1226. Research.
(a) Coordination with existing programs;
availability of information to public.
(b) Effect on Federal agencies.
(c) Availability of results to public.
(d) Authorization of appropriations.
1227. Center for cataloging.
1228. Interagency cooperation.
1229. Committee on Mining and Mineral Resources Research.
(a) Appointment; composition.
(b) Consultation and recommendations.
(c) Compensation, travel, subsistence and related
expenses.
(d) Chairmanship of Committee.
(e) National plan for research.
(f) Application of Federal Advisory Committee Act.
1230. Eligibility criteria.
1230a. Strategic Resources Generic Mineral Technology Center.
(a) Establishment.
(b) Functions.
(c) Criteria.
(d) Authorization of appropriations.

SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS
1231. Abandoned Mine Reclamation Fund.
(a) Establishment; administration; State funds.
(b) Sources of deposits to fund.
(c) Use of moneys.
(d) Moneys available upon appropriation; no fiscal
year limitation.
(e) Interest.
1232. Reclamation fee.
(a) Payment; rate.
(b) Due date.
(c) Submission of statement.
(d) Penalty.
(e) Civil action to recover fee.
(f) Cooperation from other agencies.
(g) Allocation of funds.
(h) Transfer of funds to Combined Fund.
1233. Objectives of fund.
(a) Priorities.
(b) Utilities and other facilities.
(c) Inventory.
1234. Eligible lands and water.
1235. State reclamation program.
(a) Promulgation of regulations.
(b) Submission of State Reclamation Plan and annual
projects.
(c) Restriction.
(d) Approval of State program; withdrawal.
(e) Contents of State Reclamation Plan.
(f) Annual application for support; contents.
(g) Costs.
(h) Grant of funds.
(i) Program monitorship.
(j) Annual report to Secretary.
(k) Eligible lands of Indian tribes.
(l) State liability.
1236. Reclamation of rural lands.
(a) Agreements with landowners for conservation
treatment.
(b) Conservation and development plans.
(c) Agreement to effect plan.
(d) Financial and other assistance; determination
by Secretary.
(e) Termination of agreements.
(f) Preservation and surrender of history and
allotments.
(g) Rules and regulations.
(h) Utilization of Soil Conservation Service.
1237. Acquisition and reclamation of land adversely affected
by past coal mining practices.
(a) Findings of fact; notice; right of entry.
(b) Studies or exploratory work.
(c) Requirements for acquisition of affected land.
(d) Title to affected land; value.
(e) State participation; grants.
(f) Rules and regulations.
(g) Public sale; notice and hearing.
(h) Construction or rehabilitation of housing for
disabled, displaced, or dislocated persons;
grants.
1238. Liens.
(a) Filing of statement and appraisal.
(b) Petition.
(c) Recordation.
1239. Filling voids and sealing tunnels.
(a) Congressional declaration of hazardous
conditions.
(b) Limitation on funds.
(c) Limitation on expenditures.
(d) Disposal of mine wastes.
(e) Land acquisition.
1240. Emergency powers.
1240a. Certification.
(a) Certification of completion of coal
reclamation.
(b) Eligible lands, waters, and facilities.
(c) Priorities.
(d) Specific sites and areas not eligible.
(e) Utilities and other facilities.
(f) Public facilities related to coal or minerals
industry.
(g) Application of other provisions.
1241. Omitted.
1242. Powers of Secretary or State.
(a) Engage in work, promulgate rules and
regulations, etc., to implement and administer
this subchapter.
(b) Engage in cooperative projects.
(c) Request for action to restrain interference
with regard to this subchapter.
(d) Construct and operate plants for control and
treatment of water pollution resulting from
mine drainage.
(e) Transfer funds.
1243. Interagency cooperation.

SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
1251. Environmental protection standards.
1251a. Abandoned coal refuse sites.
1252. Initial regulatory procedures.
(a) State regulation.
(b) Interim standards.
(c) Full compliance with environmental protection
performance standards.
(d) Permit application.
(e) Federal enforcement program.
(f) Interim period.
1253. State programs.
(a) Regulation of surface coal mining and
reclamation operations; submittal to
Secretary; time limit; demonstration of
effectiveness.
(b) Approval of program.
(c) Notice of disapproval.
(d) Inability of State to take action.
1254. Federal programs.
(a) Promulgation and implementation by Secretary
for State.
(b) Federal enforcement of State program.
(c) Notice and hearing.
(d) Review of permits.
(e) Submission of State program after
implementation of Federal program.
(f) Validity of Federal program permits under
superseding State program.
(g) Preemption of State statutes or regulations.
(h) Coordination of issuance and review of Federal
program permits with any other Federal or
State permit process.
1255. State laws.
1256. Permits.
(a) Persons engaged in surface coal mining within
State; time limit; exception.
(b) Term.
(c) Termination.
(d) Renewal.
1257. Application requirements.
(a) Fee.
(b) Submittal; contents.
(c) Assistance to small coal operators.
(d) Reclamation plan.
(e) Public inspection.
(f) Insurance certificate.
(g) Blasting plan.
(h) Reimbursement of costs.
1258. Reclamation plan requirements.
1259. Performance bonds.
(a) Filing with regulatory authority; scope; number
and amount.
(b) Liability period; execution.
(c) Bond of applicant without separate surety;
alternate system.
(d) Deposit of cash or securities.
(e) Adjustments.
1260. Permit approval or denial.
(a) Basis for decision; notification of applicant
and local government officials; burden of
proof.
(b) Requirements for approval.
(c) Schedule of violations.
(d) Prime farmland mining permit.
(e) Modification of prohibition.
1261. Revision of permits.
(a) Application and revised reclamation plan;
requirements; extensions to area covered.
(b) Transfer, assignment, or sale of rights under
permit.
(c) Review of outstanding permits.
1262. Coal exploration permits.
(a) Regulations; contents.
(b) Confidential information.
(c) Penalties.
(d) Limitation on removal of coal.
(e) Law governing exploration of Federal lands.
1263. Public notice and public hearings.
(a) Submittal of advertisement to regulatory
authority; notification of local governmental
bodies.
(b) Objections to permit applications; informal
conference; record.
(c) Prior Federal coal lease hearing as evidence.
1264. Decisions of regulatory authority and appeals.
(a) Issuance of findings within 60 days after
informal conference.
(b) Decision without informal conference;
notification within a reasonable time.
(c) Request for rehearing on reasons for final
determination; time; issuance of decision.
(d) Temporary relief.
(e) Power of regulatory authority with respect to
rehearing.
(f) Right to appeal in accordance with section 1276
of this title.
1265. Environmental protection performance standards.
(a) Permit requirement.
(b) General standards.
(c) Procedures; exception to original contour
restoration requirements.
(d) Steep-slope surface coal mining standards.
(e) Variances to original contour restoration
requirements.
(f) Standards and criteria for coal mine waste
piles.
1266. Surface effects of underground coal mining operations.
(a) Rules and regulations.
(b) Permit requirements.
(c) Suspension of underground coal mining
operations in urbanized areas.
(d) Applicability of this subchapter to surface
operations and surface impacts incident to
underground coal mining operations.
1267. Inspections and monitoring.
(a) Inspections of surface coal mining and
reclamation operations.
(b) Records and reports; monitoring systems;
evaluation of results.
(c) Inspection intervals.
(d) Maintenance of sign.
(e) Violations.
(f) Availability of information to public.
(g) Conflict of interest; penalty; publication of
regulations; report to Congress.
(h) Review; procedures for inspections.
1268. Penalties.
(a) Civil penalties for violations of permit
conditions and provisions of this subchapter.
(b) Hearing.
(c) Notice of violation; action required of
violator; waiver of legal rights.
(d) Civil action to recover civil penalties.
(e) Willful violations.
(f) Corporate violations.
(g) False statements, representations, or
certifications.
(h) Failure to correct violation.
(i) Effect on additional enforcement right or
procedure available under State law.
1269. Release of performance bonds or deposits.
(a) Filing of request; submittal of copy of
advertisement; notification by letter of
intent to seek release.
(b) Inspection and evaluation; notification of
decision.
(c) Requirements for release.
(d) Notice of disapproval.
(e) Notice to municipality.
(f) Objections to release; hearing.
(g) Informal conference.
(h) Power of regulatory authority with respect to
informal conference.
1270. Citizens suits.
(a) Civil action to compel compliance with this
chapter.
(b) Limitation on bringing of action.
(c) Venue; intervention.
(d) Costs; filing of bonds.
(e) Effect on other enforcement methods.
(f) Action for damages.
1271. Enforcement.
(a) Notice of violation; Federal inspection; waiver
of notification period; cessation order;
affirmative obligation on operator; suspension
or revocation of permits; contents of notices
and orders.
(b) Inadequate State enforcement; notice and
hearing.
(c) Civil action for relief.
(d) Sanctions; effect on additional enforcement
rights under State law.
1272. Designating areas unsuitable for surface coal mining.
(a) Establishment of State planning process;
standards; State process requirements;
integration with present and future land use
planning and regulation processes; savings
provisions.
(b) Review of Federal lands.
(c) Petition; intervention; decision.
(d) Statement.
(e) Prohibition on certain Federal public and
private surface coal mining operations.
1273. Federal lands.
(a) Promulgation and implementation of Federal
lands program.
(b) Incorporation of requirements into any lease,
permit, or contract issued by Secretary which
may involve surface coal mining and
reclamation operations.
(c) State cooperative agreements.
(d) Development of program to assure no
unreasonable denial to any class of coal
purchasers.
1274. Public agencies, public utilities, and public
corporations.
1275. Review by Secretary.
(a) Application for review of order or notice;
investigation; hearing; notice.
(b) Findings of fact; issuance of decision.
(c) Temporary relief; issuance of order or decision
granting or denying relief.
(d) Notice and hearing with respect to section 1271
order to show cause.
(e) Costs.
1276. Judicial review.
(a) Review by United States District Court; venue;
filing of petition; time.
(b) Evidence; conclusiveness of findings; orders.
(c) Temporary relief; prerequisites.
(d) Stay of action, order, or decision of
Secretary.
(e) Action of State regulatory authority.
1277. Special bituminous coal mines.
(a) Issuance of separate regulations; criteria.
(b) New bituminous coal surface mines.
(c) Scope of alternative regulations.
1278. Surface mining operations not subject to this chapter.
1279. Anthracite coal mines.

SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING
1281. Designation procedures.
(a) Review of Federal land areas for unsuitability
for noncoal mining.
(b) Criteria considered in determining
designations.
(c) Petition for exclusion; contents; hearing;
temporary land withdrawal.
(d) Limitation on designations; rights
preservation; regulations.
(e) Statement.
(f) Area withdrawal.
(g) Right to appeal.

SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
1291. Definitions.
1292. Other Federal laws.
(a) Construction of chapter as superseding,
amending, modifying, or repealing certain
laws.
(b) Effect on authority of Secretary or heads of
other Federal agencies.
(c) Cooperation.
(d) Major Federal action.
1293. Employee protection.
(a) Retaliatory practices prohibited.
(b) Review by Secretary; investigation; notice;
hearing; findings of fact; judicial review.
(c) Costs.
1294. Penalty.
1295. Grants to States.
(a) Assisting any State in development,
administration, and enforcement of State
programs under this chapter.
(b) Assisting any State in development,
administration, and enforcement of its State
programs.
(c) Increases in annual grants.
1296. Annual report to President and Congress.
1297. Separability.
1298. Alaskan surface coal mine study.
(a) Contract with National Academy of
Sciences-National Academy of Engineering.
(b) Report to President and Congress.
(c) Draft of legislation.
(d) Modification of applicability of environmental
protection provisions of this chapter to
surface coal mining operations in Alaska;
publication in Federal Register; hearing.
(e) Interim regulations.
(f) Authorization of appropriations.
1299. Study of reclamation standards for surface mining of
other minerals.
(a) Contract with National Academy of
Sciences-National Academy of Engineering;
requirements.
(b) Submittal of study with legislative
recommendation to President and Congress.
(c) Authorization of appropriations.
1300. Indian lands.
(a) Study of regulation of surface mining;
consultation with tribe; proposed legislation.
(b) Submittal of study to Congress.
(c) Compliance with interim environmental
protection standards of this chapter.
(d) Compliance with permanent environmental
protection standards of this chapter.
(e) Inclusion and enforcement of terms and
conditions of leases.
(f) Approval of changes in terms and conditions of
leases.
(g) Participation of tribes.
(h) Jurisdictional status.
(i) Grants.
1301. Environmental practices.
1302. Authorization of appropriations.
1303. Coordination of regulatory and inspection activities.
1304. Surface owner protection.
(a) Applicability.
(b) Lease of coal deposits governed by section 201
of this title.
(c) Consent to lease by surface owner.
(d) Preferences.
(e) "Surface owner" defined.
(f) Exception.
(g) Effect on property rights of United States or
any other landowner.
1305. Federal lessee protection.
1306. Effect on rights of owner of coal in Alaska to conduct
surface mining operations.
1307. Water rights and replacement.
1308. Advance appropriations.
1309. Certification and training of blasters.
1309a. Subsidence.
(a) Requirements.
(b) Regulations.
1309b. Research.

SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES
1311. Establishment of university coal research
laboratories.
(a) Designation by Secretary of Energy.
(b) Criteria.
(c) Location of coal laboratories.
(d) Period for submission of applications for
designation; contents.
(e) Time limit.
1312. Financial assistance.
1313. Limitation on payments.
1314. Payments; Federal share of operating expenses.
1315. Advisory Council on Coal Research.
(a) Establishment; members.
(b) Furnishing advice to Secretary of Energy.
(c) Annual report to President; transmittal to
Congress.
(d) Compensation and travel expenses.
(e) Alternate members.
1316. Authorization of appropriations.

SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS
1321. Fellowship awards.
(a) Graduate study and research in areas of applied
science and engineering relating to
production, conservation, and utilization of
fuels and energy.
(b) Term.
(c) Replacement awards.
1322. Fellowship recipients.
1323. Distribution of fellowships.
1324. Stipends and allowances.
1325. Limitation on fellowships.
1326. Fellowship conditions.
1327. Authorization of appropriations.
1328. Research, development projects, etc., relating to
alternative coal mining technologies.
(a) Authority of Secretary of the Interior to
conduct, promote, etc.
(b) Contracts and grants.
(c) Authorization of appropriations.
(d) Publication in Federal Register; report to
Congress.
(e) Availability of information to public.