Smcra

Public Law 95-87
Surface Mining Control and Reclamation Act of 1977
This is an unofficial compilation of P.L. 95-87, the Surface Mining Control
and Reclamation Act of 1977 (SMCRA), passed August 3, 1977. It
includes all revisions to SMCRA through July 6, 2012.
Users of this compilation should be aware that there are slight variations
between the public law as enacted and the version codified in the U.S.
Code. When citing SMCRA, the U.S. Code is the only official source.

ii

TABLE OF CONTENTS
PREAMBLE .................................................................................................................... 1

TITLE I – STATEMENT OF FINDINGS AND POLICY
Section
101
102

Page
Congressional Findings [30 U.S.C. 1201] .........................................................1
Statement of Purpose [30 U.S.C. 1202] .............................................................3

TITLE II – OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
Section
201

Page
Office of Surface Mining Reclamation
and Enforcement [30 U.S.C. 1211] ..............................................................5

TITLE III – STATE MINING AND MINERAL RESOURCES
AND RESEARCH INSTITUTES
Section
301
302
303
304
305
306
307
308
309
310
310a

Page
Authorization of State Allotments to Institutes [30 U.S.C. 1221] .................... 8
Research Funds to Institutes [30 U.S.C. 1222] ................................................ 9
Funding Criteria [30 U.S.C. 1223] ..................................................................10
Duties of Secretary [30 U.S.C. 1224] ..............................................................11
Effect on Colleges and Universities [30 U.S.C. 1225] ....................................12
Research [30 U.S.C. 1226]...............................................................................12
Center for Cataloging [30 U.S.C. 1227] ..........................................................13
Interagency Cooperation [30 U.S.C. 1228] .....................................................13
Committee on Mining and Mineral
Resources Research [30 U.S.C. 1229] ........................................................14
Eligibility Criteria [30 U.S.C. 1230] ...............................................................15
Strategic Resources Generic Mineral
Technology Center [30 U.S.C. 1230a] ........................................................16
iii

TITLE IV – ABANDONED MINE RECLAMATION
Section
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415

Page
Abandoned Mine Reclamation Fund [30 U.S.C. 1231] ...................................18
Reclamatin Fee [30 U.S.C. 1232] ....................................................................21
Objective of Fund [30 U.S.C. 1233] .................................................................30
Eligible Lands and Water [30 U.S.C. 1234] ....................................................32
State Reclamation Program [30 U.S.C. 1235]...................................................32
Reclamation of Rural Lands [30 U.S.C. 1236] ................................................35
Acquisition and Reclamation of Land Adversely Affected
by Past Coal Mining Practices [30 U.S.C. 1237] ........................................37
Liens [30 U.S.C. 1238] ....................................................................................41
Filling Voids and Sealing Tunnels [30 U.S.C. 1239] .......................................42
Emergency Powers [30 U.S.C. 1240] ..............................................................43
Certification [30 U.S.C. 1240a] .......................................................................43
[OMITTED] [30 U.S.C. 1241] .........................................................................47
Powers of Secretary or State [30 U.S.C. 1242] ................................................47
Interagency Cooperation [30 U.S.C. 1243] ......................................................48
Remining Incentives [30 U.S.C. 1244] ...........................................................48

TITLE V – CONTROL OF THE ENVIRONMENTAL IMPACTS OF
SURFACE COAL MINING
Section
501
501a
502
503
504
505
506
507
508
509
510
511
512
513

Page
Environmental Protection Standards [30 U.S.C. 1251]....................................50
Abandoned Coal Refuse Sites [30 U.S.C. 1251a] ............................................51
Initial Regulatory Procedures [30 U.S.C. 1252] ..............................................51
State Programs [30 U.S.C. 1253] .....................................................................54
Federal Programs [30 U.S.C. 1254] .................................................................56
State Laws [30 U.S.C. 1255]............................................................................58
Permits [30 U.S.C. 1256] .................................................................................58
Application Requirements [30 U.S.C. 1257] ...................................................60
Reclamation Plan Requirements [30 U.S.C. 1258] ..........................................65
Performance Bonds [30 U.S.C. 1259] ..............................................................67
Permit Approval or Denial [30 U.S.C. 1259] ...................................................68
Revision of Permits [30 U.S.C. 1261]..............................................................71
Coal Exploration Permits [30 U.S.C. 1262] .....................................................72
Public Notice and Public Hearings [30 U.S.C. 1263] ......................................73
iv

514

Decisions of Regulatory Authority and Appeals [30 U.S.C. 1264] .................74

Section
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529

Page
Environmental Protection Performance Standards [30 U.S.C. 1265] ..............76
Surface Effects of Underground
Coal Mining Operations [30 U.S.C. 1266] .................................................86
Inspections and Monitoring [30 U.S.C. 1267] .................................................89
Penalties [30 U.S.C. 1268] ...............................................................................91
Release of Performance Bonds or Deposits [30 U.S.C. 1269] ..........................94
Citizens Suits [30 U.S.C. 1270] .......................................................................96
Enforcement [30 U.S.C. 1271].........................................................................98
Designating Areas Unsuitable
for Surface Coal Mining [30 U.S.C. 1272] ...............................................101
Federal Lands [30 U.S.C. 1273] .....................................................................104
Public Agencies, Public Utilities,
and Public Corporations [30 U.S.C. 1274].................................................106
Review by Secretary [30 U.S.C. 1275] ..........................................................106
Judicial Review [30 U.S.C. 1276]..................................................................108
Special Bituminous Coal Mines [30 U.S.C. 1277] .........................................109
Surface Mining Operations
not Subject to 30 USC §§ 1201 et seq [30 U.S.C. 1278]. ..........................110
Anthracite Coal Mines [30 U.S.C. 1279] .......................................................111

TITLE VI – DESIGNATION OF LANDS UNSUITABLE FOR
NONCOAL MINING
Section
601

Page
Designation Procedures [30 U.S.C. 1281] ......................................................... 112

TITLE VII – ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
Section
701
702
703
704

Page
Definitions [30 U.S.C. 1291] .........................................................................114
Other Federal Laws [30 U.S.C. 1292]............................................................117
Employee Protection [30 U.S.C. 1293] ..........................................................118
Penalty [30 U.S.C. 1294] ...............................................................................119
v

705
706

Grant To The States [30 U.S.C. 1295] ...........................................................119
Annual Report to President
and Congress [30 U.S.C. 1296] .................................................................120
Section
Page

707
708
709
710
711
712
713
714
715
716
717
718
719
720
721

Severability of Provisions [30 U.S.C. 1297] ..................................................121
Alaskan Surface Coal Mine Study [30 U.S.C. 1298] .....................................121
Study of Reclamation Standards for Surface Mining
of Other Minerals [30 U.S.C. 1299] ..........................................................122
Indian Lands [30 U.S.C. 1300] ......................................................................123
Experimental Practices [30 U.S.C. 1301] ......................................................126
Authorization of Appropriations [30 U.S.C. 1302] ........................................126
Coordination of Regulatory
and Inspection Activities [30 U.S.C. 1303]...............................................127
Surface Owner Protection [30 U.S.C. 1304] ..................................................127
Federal Lessee Protection [30 U.S.C. 1305] ..................................................129
Effect on Rights of Owner of Coal In Alaska
to Conduct Surface Mining Operations [30 U.S.C. 1306] ........................129
Water Rights and Replacement [30 U.S.C. 1307]...........................................129
Advance Appropriations [30 U.S.C. 1308] .....................................................130
Certification and Training of Blasters [30 U.S.C. 1309]................................130
Subsidence 30 U.S.C. 1309a]..........................................................................130
Research [30 U.S.C. 1309b]...........................................................................131

TITLE VIII – UNIVERSITY COAL RESEARCH LABORATORIES
Section
801
802
803
804
805
806

Page
Establishment of University Coal
Research Laboratories [30 U.S.C. 1311]...................................................132
Financial Assistance [30 U.S.C. 1312] ..........................................................133
Limitation on Payments [30 U.S.C. 1313] .....................................................134
Payments: Federal Share
of Operating Expenses [30 U.S.C. 1314] ..................................................134
Advisory Council on Coal Research [30 U.S.C. 1315] ..................................134
Authorization of Appropriations [30 U.S.C. 1316] ........................................136

vi

TITLE IX – ENERGY RESOURCE GRADUATE FELLOWSHIPS
Section
901
902
903
904
905
906
907
908

Page
Fellowship Awards [30 U.S.C. 1321] ............................................................137
Fellowship Recipients [30 U.S.C. 1322] ........................................................137
Distribution Of Fellowships[30 U.S.C. 1323] ................................................138
Stipends And Institutions of
Higher Education Allowances [30 U.S.C. 1324] ......................................138
Limitation on Fellowships [30 U.S.C. 1325] .................................................138
Fellowship Conditions [30 U.S.C. 1326] .......................................................139
Authorization Of Appropriations [30 U.S.C. 1327] .......................................139
Research and Demonstration Projects of
Alternative Coal Mining Technologies [30 U.S.C. 1328] .........................139

~~~~~~~~~~~~~~~~~~~~~~~~~

vii

viii

HISTORY & SUPPLEMENTARY INFORMATION
TITLE I – STATEMENT OF FINDINGS AND POLICY
Section
101
102

Page
Congressional Findings [30 U.S.C. 1201] ......................................................141
Statement Of Purpose [30 U.S.C. 1202] ........................................................141

TITLE II – OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
Section
201

Page
Office of Surface Mining Reclamation
and Enforcement [30 U.S.C. 1211] ...........................................................142

TITLE III – STATE MINING AND MINERAL RESOURCES
AND RESEARCH INSTITUTES
Section
301
302
303
304
305
306
307
308
309
310
310a

Page
Authorization of State Allotments
to Institutes [30 U.S.C. 1221]...................................................................144
Research Funds to Institutes [30 U.S.C. 1222] ...............................................145
Funding Criteria [30 U.S.C. 1223] ..................................................................145
Duties Of Secretary 30 U.S.C. 1224] ...............................................................146
Effect On Colleges And Universities [30 U.S.C. 1225] ..................................146
Research [30 U.S.C. 1226] ..............................................................................147
Center for Cataloging [30 U.S.C. 1227] ..........................................................147
Interagency Cooperation [30 U.S.C. 1228] .....................................................148
Committee on Mining and Mineral
Resources Research [30 U.S.C. 1229] .......................................................148
Eligibility Criteria [30 U.S.C. 1230] ...............................................................149
Strategic Resources Generic Mineral
Technology Center [30 U.S.C. 1230a] .......................................................150

ix

TITLE IV – ABANDONED MINE RECLAMATION
Section
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415

Page
Abandoned Mine Reclamation Fund [30 U.S.C. 1231] .................................150
Reclamation Fee [30 U.S.C. 1232] ................................................................152
Objectives of Fund [30 U.S.C. 1233] .............................................................156
Eligible Lands and Water [30 U.S.C. 1234] ..................................................157
State Reclamation Program [30 U.S.C. 1235]................................................158
Reclamation of Rural Lands [30 U.S.C. 1236] ..............................................158
Acquisition And Reclamation of Land Adversely Affected
by Past Coal Mining Practices [30 U.S.C. 1237] ......................................159
Liens [30 U.S.C. 1238] ..................................................................................159
Filling Voids And Sealing Tunnels [30 U.S.C. 1239]....................................160
Emergency Powers [30 U.S.C. 1240] ............................................................160
Certification[30 U.S.C. 1240a] ......................................................................160
[OMITTED] [30 U.S.C. 1241].......................................................................161
Powers of Secretary or State [30 U.S.C. 1242] ..............................................161
Interagency Cooperation [30 U.S.C. 1243] ....................................................162
Remining Incentives [30 U.S.C. 1244] ..........................................................162

TITLE V – CONTROL OF THE ENVIRONMENTAL IMPACTS OF
SURFACE COAL MINING
Section
501
501a
502
503
504
505
506
507
508
509
510
511
512
513

Page
Environmental Protection Standards [30 U.S.C. 1251] ..................................162
Abandoned Coal Refuse Sites [30 U.S.C. 1251a] ..........................................163
Initial Regulatory Procedures[30 U.S.C. 1252] ..............................................163
State Programs [30 U.S.C. 1253] ...................................................................163
Federal Programs [30 U.S.C. 1254] ...............................................................164
State Laws [30 U.S.C. 1255]..........................................................................164
Permits [30 U.S.C. 1256] ...............................................................................164
Application Requirements [30 U.S.C. 1257] .................................................164
Reclamation Plan Requirements [30 U.S.C. 1258] ........................................165
Performance Bonds [30 U.S.C. 1259] ............................................................165
Permit Approval or Denial 30 U.S.C. 1260] ..................................................165
Revision of Permits [30 U.S.C. 1261]............................................................166
Coal Exploration Permits [30 U.S.C. 1262] ...................................................166
Public Notice and Public Hearings [30 U.S.C. 1263] ....................................166
x

Section
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529

Page
Decisions of Regulatory Authority
and Appeals [30 U.S.C. 1264] ..................................................................166
Environmental Protection Performance
Standards [30 U.S.C. 1265].....................................................................167
Surface Effects Of Underground
Coal Mining Operations [30 U.S.C. 1266]................................................167
Inspections and Monitoring [30 U.S.C. 1267] ...............................................168
Penalties [30 U.S.C. 1268] .............................................................................168
Release Of Performance Bonds or Deposits [30 U.S.C. 1269] ......................168
Citizen Suits [30 U.S.C. 1270] .......................................................................168
Enforcement [30 U.S.C. 1271].......................................................................169
Designating Areas Unsuitable
for Surface Coal Mining [30 U.S.C. 1272] ..............................................169
Federal Lands [30 U.S.C. 1273].....................................................................169
Public Agencies, Public Utilities,
and Public Corporations [30 U.S.C. 1274] ................................................169
Review by Secretary [30 U.S.C. 1275] ..........................................................169
Judicial Review [30 U.S.C. 1276]..................................................................170
Special Bituminous Coal Mines [30 U.S.C. 1277].........................................170
Surface Mining Operations
not Subject To 30 USC §§ 1201 et seq. [30 U.S.C. 1278] ........................170
Anthracite Coal Mines [30 U.S.C. 1279] .......................................................171

TITLE VI – DESIGNATION OF LANDS UNSUITABLE FOR
NONCOAL MINING
Section
601

Page
Designation Procedures [30 U.S.C. 1281] ..................................................... 171

TITLE VII – ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
Section
701

Page
Definitions [30 U.S.C. 1291] .........................................................................172
xi

702
703

Other Federal Laws [30 U.S.C. 1292]............................................................172
Employee Protection [30 U.S.C. 1293] ..........................................................173

Section
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721

Page
Penalty [30 U.S.C. 1294] ...............................................................................173
Grant to the States [30 U.S.C. 1295] ..............................................................173
Annual Report to President and Congress [30 U.S.C. 1296] .........................173
Severability Of Provisions[30 U.S.C. 1297] ..................................................174
Alaskan Surface Coal Mine Study [30 U.S.C. 1298] .....................................174
Study of Reclamation Standards for
Surface Mining of Other Minerals [30 U.S.C. 1299] ................................174
Indian Lands [30 U.S.C. 1300] ......................................................................174
Experimental Practices [30 U.S.C. 1301] ......................................................175
Authorization of Appropriations [30 U.S.C. 1302] ........................................175
Coordination Of Regulatory
and Inspection Activities [30 U.S.C. 1303]...............................................176
Surface Owner Protection [30 U.S.C. 1304] ..................................................176
Federal Lessee Protection [30 U.S.C. 1305] ..................................................177
Effect on Rights of Owner of Coal in Alaska
to Conduct Surface Mining Operations [30 U.S.C. 1306] ........................177
Water Rights and Replacement [30 U.S.C. 1307] ..........................................177
Advance Appropriations [30 U.S.C. 1308] ....................................................177
Certification and Training of Blasters [30 U.S.C. 1309] ................................177
Subsidence [30 U.S.C. 1309a] .......................................................................178
Research [30 U.S.C. 1309b] ...........................................................................178

TITLE VIII – UNIVERSITY COAL RESEARCH LABORATORIES
Section
801
802
803
804
805
806

Page
Establishment of University Coal
Research Laboratories [30 U.S.C. 1311]...................................................179
Financial Assistance [30 U.S.C. 1312] ..........................................................179
Limitation on Payments [30 U.S.C. 1313] .....................................................180
Payments: Federal Share of
Operating Expenses [30 U.S.C. 1314] ......................................................180
Advisory Council on Coal Research [30 U.S.C. 1315] ..................................180
Authorization of Appropriations [30 U.S.C. 1316] ........................................181

xii

TITLE IX – ENERGY RESOURCE GRADUATE FELLOWSHIPS
Section
901
902
903
904
905
906
907
908

Page
Fellowship Awards [30 U.S.C. 1321] ............................................................182
Fellowship Recipients [30 U.S.C. 1322]........................................................182
Distribution of Fellowships [30 U.S.C. 1323] ...............................................182
Stipends and Institutions of
Higher Education Allowances [30 U.S.C. 1324] ......................................183
Limitation on Fellowships [30 U.S.C. 1325] .................................................183
Fellowship Conditions [30 U.S.C. 1326] .......................................................183
Authorization of Appropriations [30 U.S.C. 1327] ........................................184
Research and Demonstration Projects of
Alternative Coal Mining Technologies [30 USC § 1328] ..........................184

~~~~~~~~~~~~~~~~~~~~~~~~~

xiii

PREAMBLE
To provide for the cooperation between the Secretary of the Interior and the States with
respect to the regulation of surface coal mining operations, and the acquisition and
reclamation of abandoned mines, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act may be cited as the “Surface Mining
Control and Reclamation Act of 1977”.
~~~~~~~~~~~~~~~~~~~~~~~~~

TITLE I – STATEMENT OF FINDINGS AND POLICY
SECTION 101 – CONGRESSIONAL FINDINGS
[30 U.S.C. 1201]
The Congress finds and declares that –
(a) extraction of coal and other minerals from the earth can be accomplished by
various methods of mining, including surface mining;
(b) coal mining operations presently contribute significantly to the Nation’s energy
requirements; surface coal mining constitutes one method of extraction of the resource;
the overwhelming percentage of the Nation’s coal reserves can only be extracted by
underground mining methods, and it is, therefore, essential to the national interest to
insure the existence of an expanding and economically healthy underground coal mining
industry;
(c) many surface mining operations result in disturbances of surface areas that
burden and adversely affect commerce and the public welfare by destroying or
diminishing the utility of land for commercial, industrial, residential, recreational,
agricultural, and forestry purposes, by causing erosion and landslides, by contributing to
floods, by polluting the water, by destroying fish and wildlife habitats, by impairing
natural beauty, by damaging the property of citizens, by creating hazards dangerous to
life and property by degrading the quality of life in local communities, and by
counteracting governmental programs and efforts to conserve soil, water, and other
natural resources;

(d) the expansion of coal mining to meet the Nation’s energy needs makes even more
urgent the establishment of appropriate standards to minimize damage to the environment
and to productivity of the soil and to protect the health and safety of the public. 1
(e) surface mining and reclamation technology are now developed so that effective
and reasonable regulation of surface coal mining operations by the States and by the
Federal Government in accordance with the requirements of this 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, chemical, and other physical
conditions in areas subject to mining operations, the primary governmental responsibility
for developing, authorizing, issuing, and enforcing regulations for surface mining and
reclamation operations subject to this Act should rest with the States;
(g) surface mining and reclamation standards are essential in order to insure that
competition in interstate commerce among sellers of coal produced in different States
will not be used to undermine the ability of the several States to improve and maintain
adequate standards on coal mining operations within their borders;
(h) there are a substantial number of acres of land throughout major regions of the
United States disturbed by surface and underground coal on which little or no
reclamation was conducted, and the impacts from these unreclaimed lands impose social
and economic costs on residents in nearby and adjoining areas as well as continuing to
impair environmental quality;
(i) while there is a need to regulate surface mining operations for minerals other than
coal, more data and analyses are needed to serve as a basis for effective and reasonable
regulation of such operations;
(j) surface and underground coal mining operations affect interstate commerce,
contribute to the economic well-being, security, and general welfare of the Nation and
should be conducted in an environmentally sound manner; and
(k) the cooperative effort established by this Act is necessary to prevent or mitigate
adverse environmental effects of present and future surface coal mining operations.
♦

1

So in the original. The period probably should be a semicolon.
2

SECTION 102 – STATEMENT OF PURPOSE
[30 U.S.C. 1202]
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 operations 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 requirements, and to
its economic and social well-being is provided and strike a balance between protection of
the environment and agricultural productivity and the Nation’s need for coal as an
essential source of energy;
(g) assist the States in developing and implementing a program to achieve the
purposes of this Act;
(h) promote the reclamation of mined areas left without adequate reclamation prior
August 3, 1977, and which continue, in their unreclaimed condition, to substantially
degrade the quality of the environment, prevent or damage the beneficial use of land or
water resources, or endanger the health or safety of the public;
(i) assure that appropriate procedures are provided for the public participation in the
development, revision, and enforcement of regulations, standards, reclamation plans, or
programs established by the Secretary or any State under this Act;
(j) provide a means for development of the data and analyses necessary to establish
effective and reasonable regulation of surface mining operations for other minerals;
(k) encourage the full utilization of coal resources through the development and
application of underground extraction technologies;
(l) stimulate, sponsor, provide for and/or supplement present programs for the
conduct of research investigations, experiments, and demonstrations, in the exploration,
3

extraction, processing, development, and production of minerals and the training of
mineral engineers and scientists in the field of mining, minerals resources, and
technology, and the establishment of an appropriate research and training center in
various States; and
(m) wherever necessary, exercise the full reach of Federal constitutional powers to
insure the protection of the public interest through effective control of surface coal
mining operations.

♦♦♦

4

TITLE II – OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
SECTION 201 – OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
[30 U.S.C. 1211]
(a) Establishment
There is established in the Department of the Interior, the Office of Surface Mining
Reclamation and Enforcement (hereinafter referred to as the “Office”).
(b) Appointment, compensation, duties, etc., of Director, employees
The Office shall have a Director who shall be appointed by the President, by and with the
advice and consent of the Senate, and shall be compensated at the rate provided for level
V of the Executive Schedule under section 5315 2 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, the Director of the Office of Personnel Management shall
determine the necessary number of positions in general schedule employees in grade 16,
17, and 18 to perform functions of this 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 relating to the functions of the Office
which the Secretary may assign, consistent 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 (83 Stat. 742), shall be transferred to the
Office.
(c) Duties of Secretary
The Secretary, acting through the Office, shall –
(1) administer the programs for controlling surface coal mining operations which
are required by this 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 subpoenas, and compel the attendance of witnesses and
2

So in the original. Probably should be section "5316".
5

production of written or printed material as provided for in this Act; issue cease-anddesist orders; review and vacate or modify or approve orders and decisions; and order the
suspension, revocation, or withholding of any permit for failure to comply with any of the
provisions of this Act or any rules and regulations adopted pursuant thereto;
(2) publish and promulgate such rules and regulations as may be necessary to
carry out the purposes and provisions of this Act;
(3) administer the State grant-in-aid program for the development 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 having expertise in the
control and reclamation of surface mining operations and assist States, local
governments, and other eligible agencies in the coordination of such programs;
(7) maintain a continuing study of surface mining and reclamation operations in
the United States;
(8) develop and maintain an Information and Data Center on Surface Coal
Mining, Reclamation, and Surface Impacts of Underground Mining, which will make
such data available to the public and the Federal, regional, State, and local agencies
conducting or concerned with land use planning and agencies concerned with surface and
underground mining and reclamation operations;
(9) assist the States in the development of State programs for surface coal mining
and reclamation operations which meet the requirements of the Act, and at the same time,
reflect local requirements and local environmental and agricultural conditions;
(10) assist the States in developing objective scientific criteria and appropriate
procedures and institutions for determining those areas of a State to be designated
unsuitable for all or certain types of surface coal mining pursuant to section 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 environmental and social impacts;
(12) cooperate with other Federal agencies and State regulatory authorities to
minimize duplication of 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) Restriction on use of Federal coal mine health and safety inspectors
The Director shall not use either permanently or temporarily any person charged with
responsibility of inspecting coal mines under the Federal Coal Mine Health and Safety
Act of 1969, unless he finds and publishes such finding in the Federal Register, that such
activities would not interfere with such inspections under the 1969 Act.
6

(e) Repealed. Pub. L. 96-511, § 4(b), Dec. 11, 1980, 94 Stat. 2826
(f) Conflict of interest; penalties; rules and regulations; report to Congress
No employee of the Office or any other Federal employee performing any function or
duty under this 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. The Director shall (1) within sixty
days after August 3, 1977, 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 provisions for the filing by such
employees and the review of statements and supplements thereto concerning their
financial interests which may be affected by this subsection, and (2) report to the
Congress as part of the annual report (section 706) on the actions taken and not taken
during the preceding calendar year under this subsection.
(g) Petition for issuance, amendment, or repeal of rule; filing; hearings or
investigation; notice of denial
(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 paragraph (1), the
Director shall either grant or deny the petition. If the Director grants such petition, the
Director shall promptly commence an appropriate proceeding in accordance with the
provisions of this Act. If the Director denies such petition, the Director shall so notify the
petitioner in writing setting forth the reasons for such denial.

♦♦♦

7

TITLE III – STATE MINING AND MINERAL RESOURCES
AND RESEARCH INSTITUTES
[Note: Title III is no longer a part of SMCRA; it is part of a related Act the Mining
and Mineral Resources Research Institute Act of 1984, Public Law No. 98-409, as
amended.]

SECTION 301 – AUTHORIZATION OF STATE ALLOTMENTS
TO INSTITUTES
[30 U.S.C. 1221]
(a)(1) There are authorized to be appropriated to the Secretary of the Interior
(hereafter in this Act 3 referred to as the "Secretary") funds adequate to provide for each
participating State $400,000 for each of the fiscal years ending September 30, 1990,
through September 30, 1994, to assist the States in carrying on the work of a competent
and qualified mining and mineral resources research institute or center (hereafter in this
Act referred to as the “institute”) at one public college or university in the State which
meets the eligibility criteria established in section 1230 of this title [section 10 of the
Mining and Mineral Resources Research Institute Act of 1984].
(2)(A) Funds appropriated under this section shall be made available for grants to
be matched on a basis of no less than 2 non-Federal dollars for each Federal dollar.
(B) If there is more than one such eligible college or university in a State,
funds appropriated under this Act shall, in the absence of a designation to the contrary by
act of the legislature of the State, be granted to one such college or university designated
by the Governor of the State.
(C) Where a State does not have a public college or university eligible under
section 1230 of this title [section 10 of the Mining and Mineral Resources Research
Institute Act of 1984], the Committee on Mining and Mineral Resources Research
established in section 1229 of this title [section 9 of the Mining and Mineral Resources
Research Institute Act of 1984] (hereafter in this Act referred to as the “Committee”) may
allocate the State’s allotment to one private college or university which it determines to
be eligible under such section.
(b) It shall be the duty of each institute to plan and conduct, or arrange for a
component or components of the college or university with which it is affiliated to
conduct research, investigations, demonstrations, and experiments of either, or both, a
basic or practical nature in relation to mining and mineral resources, and to provide for
the training of mineral engineers and scientists through such research, investigations,
demonstrations, and experiments. The subject of such research, investigation,
demonstration, experiment, and training may include exploration; extraction; processing;
3

In Title III, “this Act” refers to the Mining and Mineral Resources Research Institute
Act of 1984, Public Law No. 98-409, as amended.
8

development; production of fuel and nonfuel mineral resources; mining and mineral
technology; supply and demand for minerals; conservation and best use of available
supplies of minerals; the economic, legal, social, engineering, recreational, biological,
geographic, ecological, and other aspects of mining, mineral resources, and mineral
reclamation. Such research, investigation, demonstration, experiment, and training shall
consider the interrelationship with the natural environment, the varying conditions and
needs of the respective States, and mining and mineral resources research projects being
conducted by agencies of the Federal and State governments and other institutes.
♦

SECTION 302 – RESEARCH FUNDS TO INSTITUTES
[30 U.S.C. 1222]
(a) Authorization of appropriations
There is authorized to be appropriated to the Secretary not more than $15,000,000 for
each of the fiscal years ending September 30, 1990, through September 30, 1994, which
shall remain available until expended. Such funds when appropriated shall be made
available to an institute or to institutes participating in a generic mineral technology
center to meet the necessary expenses for purposes of -(1) specific mineral research and demonstration projects of broad application,
which could not otherwise be undertaken, including the expenses of planning and
coordinating regional mining and mineral resources research projects by two or more
institutes; and
(2) research into any aspects of mining and mineral resources problems related to
the mission of the Department of the Interior, which are deemed by the Committee to be
desirable and are not otherwise being studied.
There is authorized to be appropriated to the Secretary not more than $1,800,000
for each of the fiscal years after fiscal year 1996 to be made available by the Secretary to
an institute or institutes experienced in investigating the continental shelf regions of the
United States, the deep seabed and near shore environments of islands, and the Arctic and
cold water regions as a source for nonfuel minerals. Such funds are to be used by the
institute or institutes to assist in developing domestic technological capabilities required
for the location of, and the efficient and environmentally sound recovery of, minerals
(other than oil and gas) from the Nation’s shallow and deep seabed.
(b) Application for funds; contents
Each application for funds under subsection (a) of this section shall state, among other
things, the nature of the project to be undertaken; the period during which it will be
pursued; the qualifications of the personnel who will direct and conduct it; the estimated
costs; the importance of the project to the Nation, region, or State concerned; its relation
to other known research projects theretofore pursued or being pursued; the extent to
which the proposed project will provide opportunity for the training of mining and
9

mineral engineers and scientists; and the extent of participation by nongovernmental
sources in the project.
(c) Research facilities; selection of institutes; designation of funds for
scholarships and fellowships
The Committee shall review all such funding applications and recommend to the
Secretary the use of the institutes, insofar as practicable, to perform special research.
Recommendations shall be made without regard to the race, religion, or sex of the
personnel who will conduct and direct the research, and on the basis of the facilities
available in relation to the particular needs of the research project; special geographic,
geologic, or climatic conditions within the immediate vicinity of the institute; any other
special requirements of the research project; and the extent to which such project will
provide an opportunity for training individuals as mineral engineers and scientists. The
Committee shall recommend to the Secretary the designation and utilization of such
portions of the funds authorized to be appropriated by this section as it deems appropriate
for the purpose of providing scholarships, graduate fellowships, and postdoctoral
fellowships.
(d) Requirements for receipt of funds
No funds shall be made available under subsection (a) of this section except for a project
approved by the Secretary and all funds shall be made available upon the basis of merit of
the project, the need for the knowledge which it is expected to produce when completed,
and the opportunity it provides for the training of individuals as mineral engineers and
scientists.
(e) Restriction on application of funds
No funds made available under this section shall be applied to the acquisition by purchase
or lease of any land or interests therein, or the rental, purchase, construction,
preservation, or repair of any building.
♦

SECTION 303 – FUNDING CRITERIA
[30 U.S.C. 1223]
(a) Funds available to institutes under sections 1221 and 1222 of this title [sections 1
and 2 of the Mining and Mineral Resources Research Institute Act of 1984] shall be paid
at such times and in such amounts during each fiscal year as determined by the Secretary,
and upon vouchers approved by him. Each institute shall –
(1) set forth its plan to provide for the training of individuals as mineral engineers
and scientists under a curriculum appropriate to the field of mineral resources and
mineral engineering and related fields;
10

(2) set forth policies and procedures which assure that Federal funds made
available under this Act for any fiscal year will supplement and, to the extent practicable,
increase the level of funds that would, in the absence of such Federal funds, be made
available for purposes of this Act, and in no case supplant such funds; and
(3) have an officer appointed by its governing authority who shall receive and
account for all funds paid under the provisions of this Act and shall make an annual
report to the Secretary on or before the first day of September of each year, on work
accomplished and the status of projects underway, together with a detailed statement of
the amounts received under any provisions of this Act during the preceding fiscal year,
and of its disbursements on schedules prescribed by the Secretary.
If any of the funds received by the authorized receiving officer of any institute
under the provisions of this Act shall by any action or contingency be found by the
Secretary to have been improperly diminished, lost, or misapplied, such funds shall be
replaced by the State concerned and until so replaced no subsequent appropriation shall
be allotted or paid to any institute of such State.
(b) The institutes are authorized and encouraged to plan and conduct programs under
this Act in cooperation with each other and with such other agencies and individuals as
may contribute to the solution of the mining and mineral resources problems involved.
Moneys appropriated pursuant to this Act shall be available for paying the necessary
expenses of planning, coordinating, and conducting such cooperative research.
♦

SECTION 304 – DUTIES OF SECRETARY
[30 U.S.C. 1224]
(a) Consulting with other agencies; prescribing rules and regulations;
furnishing advice and assistance; coordinating research
The Secretary, acting through the Director of the United States Bureau of Mines, shall
administer this Act and, after full consultation with other interested Federal agencies,
shall prescribe such rules and regulations as may be necessary to carry out its provisions.
The Secretary shall furnish such advice and assistance as will best promote the purposes
of this Act, shall participate in coordinating research initiated under this Act by the
institutes, shall indicate to them such lines of inquiry that seem most important, and shall
encourage and assist in the establishment and maintenance of cooperation by and
between the institutes and between them and other research organizations, the United
States Department of the Interior, and other Federal establishments.
(b) Annual ascertainment of compliance
On or before the first day of July in each year beginning after August 29, 1984, the
Secretary shall ascertain whether the requirements of section 1223(a) of this title
11

[section 3a of the Mining and Mineral Resources Research Institute Act of 1984] have
been met as to each institute and State.
(c) [Omitted. Pursuant to § 3003 of Pub. L. No. 104-66, this subsection has been
omitted because, effective May 15, 2000, this reporting requirement was terminated.]
♦

SECTION 305 – EFFECT ON COLLEGES AND UNIVERSITIES
[30 U.S.C. 1225]
Nothing in this Act 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 Act
shall in any way be construed to authorize Federal control or direction of education at any
college or university.
♦

SECTION 306 – RESEARCH
[30 U.S.C. 1226]
(a) Coordination with existing programs; availability of information to public
The Secretary shall obtain the continuing advice and cooperation of all agencies of the
Federal Government concerned with mining and mineral resources, of State and local
governments, and of private institutions and individuals to assure that the programs
authorized by this Act will supplement and not be redundant with respect to established
mining and minerals research programs, and to stimulate research in otherwise neglected
areas, and to contribute to a comprehensive nationwide program of mining and minerals
research, with due regard for the protection and conservation of the environment. The
Secretary shall make generally available information and reports on projects completed,
in progress, or planned under the provisions of this Act, in addition to any direct
publication of information by the institutes themselves.
(b) Effect on Federal agencies
Nothing in this Act is intended to give or shall be construed as giving the Secretary any
authority over mining and mineral resources research conducted by any agency of the
Federal Government, or as repealing or diminishing existing authorities or
responsibilities of any agency of the Federal Government to plan and conduct, contract
for, or assist in research in its area of responsibility and concern with regard to mining
and mineral resources.
12

(c) Availability of results to public
No 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, are made available promptly to
the general public. Patentable inventions shall be governed by the provisions of Public
Law 96-517. Nothing contained in this section shall deprive the owner of any
background patent relating to any such activities of any rights which that owner may have
under that patent.
(d) Authorization of appropriation
(1) There is authorized to be appropriated to the Secretary $450,000 for each of
the fiscal years ending September 30, 1990, through September 30, 1994, to administer
this Act. No funds may be withheld by the Secretary for administrative expenses from
those authorized to be appropriated by sections 1221 and 1222 of this title [sections 1 and
2 of the Mining and Mineral Resources Research Institute Act of 1984].
(2) There are authorized to be appropriated to the Secretary such sums as are
necessary for the printing and publishing of the results of activities carried out by
institutes and generic mineral technology centers under this Act, but such appropriations
shall not exceed $550,000 in any single fiscal year.
♦

SECTION 307 – CENTER FOR CATALOGING
[30 U.S.C. 1227]
The Secretary shall establish a center for cataloging current and projected scientific
research in all fields of mining and mineral resources. Each Federal agency doing mining
and mineral resources research shall cooperate by providing the cataloging center with
information on work underway or scheduled by it. The cataloging center shall classify
and maintain for public use a catalog of mining and mineral resources research and
investigation projects in progress or scheduled by all Federal agencies and by such nonFederal agencies of government, colleges, universities, private institutions, firms, and
individuals as may make such information available.
♦

SECTION 308 – INTERAGENCY COOPERATION
[30 U.S.C. 1228]
The President shall, by such means as he deems appropriate, clarify agency responsibility
for Federal mining and mineral resources research and provide for interagency
13

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

SECTION 309 – COMMITTEE ON MINING AND MINERAL
RESOURCES RESEARCH
[30 U.S.C. 1229]
(a) Appointment; composition
The Secretary shall appoint a Committee on Mining and Mineral Resources Research
composed of -(1) the Assistant Secretary of the Interior responsible for minerals and mining
research, or his delegate;
(2) the Director, United States Bureau of Mines, or his delegate;
(3) the Director, United States Geological Survey, or his delegate;
(4) the Director of the National Science Foundation, or his delegate;
(5) the President, National Academy of Sciences, or his delegate;
(6) the President, National Academy of Engineering, or his delegate; and
(7) not more than 7 other persons who are knowledgeable in the fields of mining
and mineral resources research, including two university administrators involved in the
conduct of programs authorized by this Act, 3 representatives from the mining industry, a
working minor, and a representative from the conservation community. In making these
7 appointments, the Secretary shall consult with interested groups.
(b) Consultation and recommendations
The Committee shall consult with, and make recommendations to, the Secretary on all
matters relating to mining and mineral resources research and the determinations that are
required to be made under this Act. The Secretary shall consult with, and consider
recommendations of, such Committee in such matters.
14

(c) Compensation, travel, subsistence and related expenses
Committee members, other than officers or employees of Federal, State, or local
governments, shall be, for each day (including travel time) during which they are
performing Committee business, paid at a rate fixed by the Secretary but not 4 excess of
the daily equivalent of the maximum rate of pay for grade GS-18 of the General Schedule
under section 5332 of title 5 of the United States Code, and shall be fully reimbursed for
travel, subsistence, and related expenses.
(d) Chairmanship of Committee
The Committee shall be jointly chaired by the Assistant Secretary of the Interior
responsible for minerals and mining and a person to be elected by the Committee from
among the members referred to in paragraphs (5), (6), and (7) of subsection (a) of this
section.
(e) National plan for research
The Committee shall develop a national plan for research in mining and mineral
resources, considering ongoing efforts in the universities, the Federal Government, and
the private sector, and shall formulate and recommend a program to implement the plan
utilizing resources provided for under this Act. The Committee shall submit such plan to
the Secretary, the President, and the Congress on or before March 1, 1986, and shall
submit an annual update of such plan by January 15 of each calendar year.
(f) Application of Federal Advisory Committee Act
Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
♦

SECTION 310 – ELIGIBILITY CRITERIA
[30 U.S.C. 1230]
(a) The Committee shall determine the eligibility of a college or university to
participate as a mining and mineral resources research institute under this Act using
criteria which include -(1) the presence of a substantial program of graduate instruction and research in
mining or mineral extraction or closely related fields which has a demonstrated history of
achievement;
(2) evidence of institutional commitment for the purposes of this Act;
4

So in the original. Probably should be followed by "in".
15

(3) evidence that such institution has or can obtain significant industrial
cooperation in activities within the scope of this Act; and
(4) the presence of an engineering program in mining or minerals extraction that
is accredited by the Accreditation Board for Engineering and Technology, or evidence of
equivalent institutional capability as determined by the Committee.
(b)(1) Notwithstanding the provisions of subsection (a), those colleges or universities
which, on October 12, 1988, have a mining or mineral resources research institute
program which has been found to be eligible pursuant to this Act shall continue to be
eligible subject to review at least once during the period authorized by the Mining and
Mineral Resources Research Institute Amendments of 1988, under the provisions of
subsection (a). The results of such review shall be submitted by January 15, 1992,
pursuant to section 11(a)(2) of the Mining and Mineral Resources Research Institute
Amendments of 1988.
(2) Generic mineral technology centers established by the Secretary under this
Act are to be composed of institutes eligible pursuant to subsection (a). Existing generic
mineral technology centers shall continue to be eligible under this Act subject to at least
one review prior to January 15, 1992, pursuant to section 11(a)(3) of the Mining and
Mineral Resources Research Institute Amendments of 1988.
♦

SECTION 310a – STRATEGIC RESOURCES GENERIC MINERAL
TECHNOLOGY CENTER
[30 U.S.C. 1230a]
(a) Establishment
The Secretary of [the] Interior is authorized and directed to establish a Strategic
Resources Mineral Technology Center (hereinafter referred to as the “center”) for the
purpose of improving existing, and developing new, technologies that will decrease the
dependence of the United States on supplies of strategic and critical minerals.
(b) Functions
The center shall -(1) provide for studies and technology development in the areas of mineral
extraction and refining processes, product substitution and conservation of mineral
resources through recycling and advanced processing and fabrication methods;
(2) identify new deposits of strategic and critical mineral resources; and
(3) facilitate the transfer of information, studies, and technologies developed by
the center to the private sector.

16

(c) Criteria
The Secretary shall establish the center referred to in subsection (a) at a university that -(1) does not currently host a generic mineral technology center;
(2) has established advanced degree programs in geology and geological
engineering, and metallurgical and mining engineering;
(3) has expertise in materials and advanced processing research; and
(4) is located west of the 100th meridian.
(d) Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this
section.

♦♦♦

17

TITLE IV – ABANDONED MINE RECLAMATION
SECTION 401 – ABANDONED MINE RECLAMATION FUND
[30 U.S.C. 1231]
(a) Establishment; administration; State funds
There is created on the books of the Treasury of the United States a trust fund to be
known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the “fund”)
which shall be administered by the Secretary of the Interior. State abandoned mine
reclamation funds (State funds) generated by grants from this title shall be established by
each State pursuant to an approved State program.
(b) Sources of deposits to fund
The fund shall consist of amounts deposited in the fund, from time to time derived
from—
(1) the reclamation fees levied under section 402;
(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 foundations for the
purposes of this title;
(4) recovered moneys as provided for in this title; and
(5) interest credited to the fund under subsection (e).
(c) Use of moneys
Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources adversely affected by
past coal mining, including but not limited to reclamation and restoration of abandoned
surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal
areas; sealing and filling abandoned deep mine entries and voids; planting of land
adversely affected by past coal mining to prevent erosion and sedimentation; prevention,
abatement, treatment, and control of water pollution created by coal mine drainage
including restoration of stream beds, and construction and operation of water treatment
plants; prevention, abatement, and control of burning coal refuse disposal areas and
burning coal in situ; prevention, abatement, and control of coal mine subsidence; and
establishment of self-sustaining, individual State administered programs to insure private
property against damages caused by land subsidence resulting from underground coal
mining in those States which have reclamation plans approved in accordance with section
503 of this Act: Provided, That funds used for this purpose shall not exceed $3,000,000
of the funds made available to any State under section 402(g)(1) of this Act;
(2) acquisition and filling of voids and sealing of tunnels, shafts, and entryways
under section 409;
18

(3) acquisition of land as provided for in this title;
(4) enforcement and collection of the reclamation fee provided for in section 402
of this title;
(5) restoration, reclamation, abatement, control, or prevention of adverse effects
of coal mining which constitutes an emergency as provided for in this title;
(6) grants to the States to accomplish the purposes of this title;
(7) administrative expenses of the United States and each State to accomplish the
purposes of this title;
(8) for use under section 411;
(9) for the purpose of section 507(c), except that not more than $10,000,000 shall
annually be available for such purpose;
(10) for the purpose described in section 402(h); and
(11) all other necessary expenses to accomplish the purposes of this title.
(d) Availability of moneys; no fiscal year limitation
(1) In general
Moneys from the fund for expenditures under subparagraphs (A) through (D) of
section 402(g)(3) shall be available only when appropriated for those subparagraphs.
(2) No fiscal year limitation
Appropriations described in paragraph (1) shall be made without fiscal year
limitation.
(3) Other purposes
Moneys from the fund shall be available for all other purposes of this title without
prior appropriation as provided in subsection (f).
(e) Interest
The Secretary of the Interior shall notify the Secretary of the Treasury as to what portion
of the fund is not, in his judgment, required to meet current withdrawals. The Secretary
of the Treasury shall invest such portion of the fund in public debt securities with
maturities suitable for achieving the purposes of the transfers under section 402(h) and
bearing interest at rates determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable obligations of the United
States of comparable maturities. The income on such investments shall be credited to,
and form a part of, the fund for the purpose of the transfers under section 402(h).

(f) General limitation on obligation authority
(1) In general
From amounts deposited into the fund under subsection (b), the Secretary shall
distribute during each fiscal year beginning after September 30, 2007, an amount
determined under paragraph (2).
19

(2) Amounts
(A) For fiscal years 2008 through 2022. For each of fiscal years 2008 through
2022, the amount distributed by the Secretary under this subsection shall be equal to -(i) the amounts deposited into the fund under paragraphs (1), (2), and (4)
of subsection (b) for the preceding fiscal year that were allocated under paragraphs (1)
and (5) of section 402(g); plus
(ii) the amount needed for the adjustment under section 402(g)(8) for the
current fiscal year.
(B) Fiscal years 2023 and thereafter. For fiscal year 2023 and each fiscal year
thereafter, to the extent that funds are available, the Secretary shall distribute an amount
equal to the amount distributed under subparagraph (A) during fiscal year 2022.
(3) Distribution
(A) In general
Except as provided in subparagraph (B), for each fiscal year, of the amount
to be distributed to States and Indian tribes pursuant to paragraph (2), the Secretary shall
distribute -(i) the amounts allocated under paragraph (1) of section 402(g), the
amounts allocated under paragraph (5) of section 402(g), and any amount reallocated
under section 411(h)(3) 5 in accordance with section 411(h)(2), for grants to States and
Indian tribes under section 402(g)(5); and
(ii) the amounts allocated under section 402(g)(8).
(B) Exclusion
Beginning on October 1, 2007, certified States shall be ineligible to receive
amounts under section 402(g)(1).
(4) Availability
Amounts in the fund available to the Secretary for obligation under this
subsection shall be available until expended.
(5) Addition.—
(A) In general
Subject to subparagraph (B), the amount distributed under this subsection for
each fiscal year shall be in addition to the amount appropriated from the fund during the
fiscal year.
(B) Exceptions
Notwithstanding paragraph (3), the amount distributed under this subsection
for the first 4 fiscal years beginning on and after October 1, 2007, shall be equal to the
following percentage of the amount otherwise required to be distributed:
(i) 50 percent in fiscal year 2008.
(ii) 50 percent in fiscal year 2009.
(iii) 75 percent in fiscal year 2010.
(iv) 75 percent in fiscal year 2011.
♦
5

So in the original. The citation most likely contains a typographical error and should
refer to section 411(h)(4).
20

SECTION 402 – RECLAMATION FEE
[30 U.S.C. 1232]
(a) Payment; rate

6

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 31.5 cents per
ton of coal produced by surface coal mining and 13.5 cents per ton of coal produced by
underground mining or 10 per centum of the value of the coal at the mine, as determined
by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall
be at a rate of 2 per centum of the value of the coal at the mine, or 9 cents per ton,
whichever is less.
(b) Date due
Such fee shall be paid no later than thirty days after the end of each calendar quarter
beginning with the first calendar quarter occurring after August 3, 1977, and ending
September 30, 2021.
(c) Submission of statement
Together with such reclamation fee, all operators of coal mine operations shall submit a
statement of the amount of coal produced during the calendar quarter, the method of coal
removal and the type of coal, the accuracy of which shall be sworn to by the operator and
notarized. Such statement shall include an identification of the permittee of the surface
coal mining operation, any operator in addition to the permittee, the owner of the coal,
the preparation plant, tripple, 7 or loading point for the coal, and the person purchasing the
coal from the operator. The report shall also specify the number of the permit required
under section 506 and the mine safety and health identification number. Each quarterly
report shall contain a notification of any changes in the information required by this
subsection since the date of the preceding quarterly report. The information contained in
the quarterly reports under this subsection shall be maintained by the Secretary in a
computerized database.
(d) Penalty
(1) Any person, corporate officer, agent or director, on behalf of a coal mine
6

Effective Oct. 1, 2012, subsection (a) of this section is amended by substituting ''28''
for ''31.5'', ''12'' for ''13.5'', and ''8 cents'' for ''9 cents''. See Pub. L. 109-432, div. C, title
II, § 202(a)(2), Dec. 20, 2006, 120 Stat. 3008.
7

So in the original. Probably should be "tipple,".
21

operator, who knowingly makes any false statement, representation or certification, or
knowingly fails to make any statement, representation or certification required in this
section shall, upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than one year, or both.
(2) The Secretary shall conduct such audits of coal production and the payment of
fees under this title as may be necessary to ensure full compliance with the provisions of
this title. For purposes of performing such audits the Secretary (or any duly designated
officer, employee, or representative of the Secretary) shall, at the reasonable times, upon
request, have access to, and may copy, all books, papers, and other documents of any
person subject to the provisions of this title. The Secretary may at any time conduct
audits of any surface coal mining and reclamation operation, including without limitation,
tipples and preparation plants, as may be necessary in the judgment of the Secretary to
ensure full and complete payment of the fees under this title.
(e) Civil action to recover fee
Any portion of the reclamation fee not properly or promptly paid pursuant to this
section shall be recoverable, with statutory interest, from coal mine operators, in any
court of competent jurisdiction in any action at law to compel payment of debts.
(f) Cooperation from other agencies
All Federal and State agencies shall fully cooperate with the Secretary of the Interior
in the enforcement of this section. Whenever the Secretary believes that any person has
not paid the full amount of the fee payable under subsection (a) the Secretary shall notify
the Federal agency responsible for ensuring compliance with the provisions of section
4121 of the Internal Revenue Code of 1986.
(g) Allocation of funds
(1) Except as provided in subsection (h), moneys deposited into the fund shall be
allocated by the Secretary to accomplish the purposes of this title as follows:
(A) 50 percent of the reclamation fees collected annually in any State (other
than fees collected with respect to Indian lands) shall be allocated annually by the
Secretary to the State, subject to such State having each of the following:
(i) An approved abandoned mine reclamation program pursuant to section
405.
(ii) Lands and waters which are eligible pursuant to section 404 (in the
case of a State not certified under section 411(a)) or pursuant to section 411(b) (in the
case of a State certified under section 411(a)).
(B) 50 percent of the reclamation fees collected annually with respect to
Indian lands shall be allocated annually by the Secretary to the Indian tribe having
jurisdiction over such lands, subject to such tribe having each of the following:
(i) an approved abandoned mine reclamation program pursuant to section
405.
22

(ii) Lands and waters which are eligible pursuant to section 404 (in the
case of an Indian tribe not certified under section 411(a)) or pursuant to section 411(b) (in
the case of a tribe certified under section 411(a)).
(C) The funds allocated by the Secretary under this paragraph to States and
Indian tribes shall only be used for annual reclamation project construction and program
administration grants.
(D) To the extent not expended within 3 years after the date of any grant
award under this paragraph (except for grants awarded during fiscal years 2008, 2009,
and 2010 to the extent not expended within 5 years), such grant shall be available for
expenditure by the Secretary in any area under paragraph (5).
(2) In making the grants referred to in paragraph (1)(C) and the grants referred to
in paragraph (5), the Secretary shall ensure strict compliance by the States and Indian
tribes with the priorities described in section 403(a) until a certification is made under
section 411(a).
(3) Amounts available in the fund which are not allocated to States and Indian
tribes under paragraph (1) or allocated under paragraph (5) are authorized to be expended
by the Secretary for any of the following:
(A) For the purpose of section 507(c), either directly or through grants to the
States, subject to the limitation contained in section 401(c)(9).
(B) For the purpose of section 410 (relating to emergencies).
(C) For the purpose of meeting the objectives of the fund set forth in section
403(a) for eligible lands and waters pursuant to section 404 in States and on Indian lands
where the State or Indian tribe does not have an approved abandoned mine reclamation
program pursuant to section 405.
(D) For the administration of this title by the Secretary.
(E) For the purpose of paragraph (8).
(4)(A) Amounts available in the fund which are not allocated under paragraphs
(1), (2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be
expended by the Secretary under this paragraph for the reclamation or drainage
abatement of lands and waters within unreclaimed sites which are mined for coal or
which were affected by such mining, wastebanks, coal processing or other coal mining
processes and left in an inadequate reclamation status.
(B) Funds made available under this paragraph may be used for reclamation or
drainage abatement at a site referred to in subparagraph (A) if the Secretary makes either
of the following findings:
(i) A finding that the surface coal mining operation occurred during the
period beginning on August 4, 1977, and ending on or before the date on which the
Secretary approved a State program pursuant to section 503 for a State in which the site is
located, and that any funds for reclamation or abatement which are available pursuant to
a bond or other form of financial guarantee or from any other source are not sufficient to
provide for adequate reclamation or abatement at the site.
(ii) A finding that the surface coal mining operation occurred during the
period beginning on August 4, 1977, and ending on or before November 5, 1990, and that
the surety of such mining operator became insolvent during such period, and as of
November 5, 1990, funds immediately available from proceedings relating to such
23

insolvency, or from any financial guarantee or other source are not sufficient to provide
for adequate reclamation or abatement at the site.
(C) In determining which sites to reclaim pursuant to this paragraph, the
Secretary shall follow the priorities stated in paragraphs (1) and (2) of section 403(a).
The Secretary shall ensure that priority is given to those sites which are in the immediate
vicinity of a residential area or which have an adverse economic impact upon a local
community.
(D) Amounts collected from the assessment of civil penalties under section
518 are authorized to be appropriated to carry out this paragraph.
(E) Any State may expend grants made available under paragraphs (1) and (5)
for reclamation and abatement of any site referred to in subparagraph (A) if the State,
with the concurrence of the Secretary, makes either of the findings referred to in clause
(i) or (ii) of subparagraph (B) and if the State determines that the reclamation priority of
the site is the same or more urgent than the reclamation priority for eligible lands and
waters pursuant to section 404 under the priorities stated in paragraphs (1) and (2) of
section 403(a).
(F) For the purposes of the certification referred to in section 411(a), sites
referred to in subparagraph (A) of this paragraph shall be considered as having the same
priorities as those stated in section 403(a) for eligible lands and waters pursuant to section
404. All sites referred to in subparagraph (A) of this paragraph within any State shall be
reclaimed prior to such State making the certification referred to in section 411(a).
(5)(A) The Secretary shall allocate 60 percent of the amount in the fund after
making the allocation referred to in paragraph (1) for making additional annual grants to
States and Indian tribes which are not certified under section 411(a) to supplement grants
received by such States and Indian tribes pursuant to paragraph (1)(C) until the priorities
stated in paragraphs (1) and (2) of section 403(a) have been achieved by such State or
Indian tribe. The allocation of such funds for the purpose of making such expenditures
shall be through a formula based on the amount of coal historically produced in the State
or from the Indian lands concerned prior to August 3, 1977. Funds made available under
paragraph (3) or (4) of this subsection for any State or Indian tribe shall not be deducted
against any allocation of funds to the State or Indian tribe under paragraph (1) or under
this paragraph.
(B) Any amount that is reallocated and available under section 411(h)(3) shall
be in addition to amounts that are allocated under subparagraph (A).
(6)(A) Any State with an approved abandoned mine reclamation program
pursuant to section 405 may receive and retain, without regard to the 3-year limitation
referred to in paragraph (1)(D), up to 30 percent of the total of the grants made annually
to the State under paragraphs (1) and (5) if those amounts are deposited into an acid mine
drainage abatement and treatment fund established under State law, from which amounts
(together with all interest earned on the amounts) are expended by the State for the
abatement of the causes and the treatment of the effects of acid mine drainage in a
comprehensive manner within qualified hydrologic units affected by coal mining
practices.
(B) In this paragraph, the term “qualified hydrologic unit” means a hydrologic
unit -24

(i) in which the water quality has been significantly affected by acid mine
drainage from coal mining practices in a manner that adversely impacts biological
resources; and
(ii) that contains land and water that are -(I) eligible pursuant to section 404 and include any of the
priorities described in section 403(a); and
(II) the subject of expenditures by the State from the forfeiture
of bonds required under section 509 or from other States sources to abate and treat acid
mine drainage.
(7) In complying with the priorities described in section 403(a), any State or
Indian tribe may use amounts available in grants made annually to the State or tribe under
paragraphs (1) and (5) for the reclamation of eligible land and water described in section
403(a)(3) before the completion of reclamation projects under paragraphs (1) and (2) of
section 403(a) only if the expenditure of funds for the reclamation is done in conjunction
with the expenditure before, on, or after December 20, 2006, of funds for reclamation
projects under paragraphs (1) and (2) of section 403(a).
(8)(A) In making funds available under this title, the Secretary shall ensure that
the grant awards total not less than $3,000,000 annually to each State and each Indian
tribe having an approved abandoned mine reclamation program pursuant to section 405
and eligible land and water pursuant to section 404, so long as an allocation of funds to
the State or tribe is necessary to achieve the priorities stated in paragraphs (1) and (2) of
section 403(a).
(B) Notwithstanding any other provision of law, this paragraph applies to the
States of Tennessee and Missouri.
(h) Transfers of interest earned by Fund
(1) In general
(A) Transfers to Combined Benefit Fund
As soon as practicable after the beginning of fiscal year 2007 and each fiscal year
thereafter, and before making any allocation with respect to the fiscal year under
subsection (g), the Secretary shall use an amount not to exceed the amount of interest that
the Secretary estimates will be earned and paid to the fund during the fiscal year to
transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of
such fund to offset the amount of any deficit in net assets in the Combined Benefit Fund
as of October 1, 2006, and to make the transfer described in paragraph (2)(A).
(B) Transfers to 1992 and 1993 plans
As soon as practicable after the beginning of fiscal year 2008 and each fiscal year
thereafter, and before making any allocation with respect to the fiscal year under
subsection (g), the Secretary shall use an amount not to exceed the amount of interest that
the Secretary estimates will be earned and paid to the fund during the fiscal year (reduced
by the amount used under subparagraph (A)) to make the transfers described in
paragraphs (2)(B) and (2)(C).
(2) Transfers described
The transfers referred to in paragraph (1) are the following:
25

(A) United Mine Workers of America Combined Benefit Fund
A transfer to the United Mine Workers of America Combined Benefit Fund equal
to the amount that the trustees of the Combined Benefit Fund estimate will be expended
from the fund for the fiscal year in which the transfer is made, reduced by -(i) the amount the trustees of the Combined Benefit Fund estimate the
Combined Benefit Fund will receive during the fiscal year in -(I) required premiums; and
(II) payments paid by Federal agencies in connection with benefits
provided by the Combined Benefit Fund; and
(ii) the amount the trustees of the Combined Benefit Fund estimate will be
expended during the fiscal year to provide health benefits to beneficiaries who are
unassigned beneficiaries solely as a result of the application of section 9706(h)(1) of the
Internal Revenue Code of 1986, but only to the extent that such amount does not exceed
the amounts described in subsection (i)(1)(A) that the Secretary estimates will be
available to pay such estimated expenditures.
(B) United Mine Workers of America 1992 Benefit Plan
A transfer to the United Mine Workers of America 1992 Benefit Plan, in an
amount equal to the difference between -(i) the amount that the trustees of the 1992 UMWA Benefit Plan estimate
will be expended from the 1992 UMWA Benefit Plan during the next calendar year to
provide the benefits required by the 1992 UMWA Benefit Plan on December 20, 2006;
minus
(ii) the amount that the trustees of the 1992 UMWA Benefit Plan estimate
the 1992 UMWA Benefit Plan will receive during the next calendar year in -(I) required monthly per beneficiary premiums, including the amount of
any security provided to the 1992 UMWA Benefit Plan that is available for use in the
provision of benefits; and
(II) payments paid by Federal agencies in connection with benefits
provided by the 1992 UMWA Benefit Plan.
(C) Multiemployer Health Benefit Plan
A transfer to the Multiemployer Health Benefit Plan established after July 20,
1992, by the parties that are the settlors of the 1992 UMWA Benefit Plan referred to in
subparagraph (B) (referred to in this subparagraph and subparagraph (D) as “the Plan”),
in an amount equal to the excess (if any) of -(i) the amount that the trustees of the Plan estimate will be expended from
the Plan during the next calendar year, to provide benefits no greater than those provided
by the Plan as of December 31, 2006; over
(ii) the amount that the trustees estimated the Plan will receive during the
next calendar year in payments paid by Federal agencies in connection with benefits
provided by the Plan.
Such excess shall be calculated by taking into account only those beneficiaries actually
enrolled in the Plan as of December 31, 2006, who are eligible to receive benefits under
the Plan on the first day of the calendar year for which the transfer is made.
(D) Individuals considered enrolled.
For purposes of subparagraph (C), any individual who was eligible to receive
26

benefits from the Plan as of December 20, 2006, even though benefits were being
provided to the individual pursuant to a settlement agreement approved by order of a
bankruptcy court entered on or before September 30, 2004, will be considered to be
actually enrolled in the Plan and shall receive benefits from the Plan beginning on
December 31, 2006.
(3) Adjustment
If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or
(C) of paragraph (2) is more or less than the amount required to be transferred under that
subparagraph, the Secretary shall appropriately adjust the amount transferred under that
subparagraph for the next fiscal year.
(4) Additional amounts
(A) Previously credited interest
Notwithstanding any other provision of law, any interest credited to the fund that
has not previously been transferred to the Combined Benefit Fund referred to in
paragraph (2)(A) under this section -(i) shall be held in reserve by the Secretary until such time as necessary to
make the payments under subparagraphs (A) and (B) of subsection (i)(1), as described in
clause (ii); and
(ii) in the event that the amounts described in subsection (i)(1) are
insufficient to make the maximum payments described in subparagraphs (A) and (B) of
subsection (i)(1), shall be used by the Secretary to supplement the payments so that the
maximum amount permitted under those paragraphs is paid.
(B) Previously allocated amounts
All amounts allocated under subsection (g)(2) before December 20, 2006, for the
program described in section 406, but not appropriated before December 20, 2006, shall
be available to the Secretary to make the transfers described in paragraph (2).
(C) Adequacy of previously credited interest
The Secretary shall -(i) consult with the trustees of the plans described in paragraph (2) at
reasonable intervals; and
(ii) notify Congress if a determination is made that the amounts held in
reserve under subparagraph (A) are insufficient to meet future requirements under
subparagraph (A)(ii).
(D) Additional reserve amounts
In addition to amounts held in reserve under subparagraph (A), there is
authorized to be appropriated such sums as may be necessary for transfer to the fund to
carry out the purposes of subparagraph (A)(ii).
(E) Inapplicability of cap
The limitation described in subsection (i)(3)(A) shall not apply to payments made
from the reserve fund under this paragraph.
(5) Limitations
(A) Availability of funds for next fiscal year
The Secretary may make transfers under subparagraphs (B) and (C) of paragraph
(2) for a calendar year only if the Secretary determines, using actuarial projections
provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A),
27

that amounts will be available under paragraph (1), after the transfer, for the next fiscal
year for making the transfer under paragraph (2)(A).
(B) Rate of contributions of obligors
(i) In general
(I) Rate
A transfer under paragraph (2)(C) shall not be made for a calendar year unless the
persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the
date of the transfer are obligated to make the contributions at rates that are no less than
those in effect on the date which is 30 days before December 20, 2006.
(II) Application
The contributions described in subclause (I) shall be applied first to the provision
of benefits to those plan beneficiaries who are not described in paragraph (2)(C)(ii).
(ii) Initial contributions
(I) In general
From December 20, 2006, through December 31, 2010, the persons that, on
December 20, 2006, are obligated to contribute to the plan referred to in paragraph (2)(C)
shall be obligated, collectively, to make contributions equal to the amount described in
paragraph (2)(C), less the amount actually transferred due to the operation of
subparagraph (C).
(II) First calendar year
Calendar year 2006 is the first calendar year for which contributions are required
under this clause.
(III) Amount of contribution for 2006
Except as provided in subclause (IV), the amount described in paragraph (2)(C)
for calendar year 2006 shall be calculated as if paragraph (2)(C) had been in effect during
2005.
(IV) Limitation
The contributions required under this clause for calendar year 2006 shall not
exceed the amount necessary for solvency of the plan described in paragraph (2)(C),
measured as of December 31, 2006, and taking into account all assets held by the plan as
of that date.
(iii) Division
The collective annual contribution obligation required under clause (ii) shall be
divided among the persons subject to the obligation, and applied uniformly, based on the
hours worked for which contributions referred to in clause (i) would be owed.
(C) Phase-in of transfers
For each of calendar years 2008 through 2010, the transfers required under
subparagraphs (B) and (C) of paragraph (2) shall equal the following amounts:
(i) For calendar year 2008, the Secretary shall make transfers equal to 25
percent of the amounts that would otherwise be required under subparagraphs (B) and (C)
of paragraph (2).
(ii) For calendar year 2009, the Secretary shall make transfers equal to 50
percent of the amounts that would otherwise be required under subparagraphs (B) and (C)
of paragraph (2).
28

(iii) For calendar year 2010, the Secretary shall make transfers equal to 75
percent of the amounts that would otherwise be required under subparagraphs (B) and (C)
of paragraph (2).
(i) Funding
(1) In general
Subject to paragraph (3), out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the plans described in
subsection (h)(2) such sums as are necessary to pay the following amounts:
(A) To the Combined Fund (as defined in section 9701(a)(5) of the Internal
Revenue Code of 1986 and referred to in this paragraph as the “Combined Fund”), the
amount that the trustees of the Combined Fund estimate will be expended from premium
accounts maintained by the Combined Fund for the fiscal year to provide benefits for
beneficiaries who are unassigned beneficiaries solely as a result of the application of
section 9706(h)(1) of the Internal Revenue Code of 1986, subject to the following
limitations:
(i) For fiscal year 2008, the amount paid under this subparagraph shall
equal -(I) the amount described in subparagraph (A); minus
(II) the amounts required under section 9706(h)(3)(A) of the Internal
Revenue Code of 1986.
(ii) For fiscal year 2009, the amount paid under this subparagraph shall
equal -(I) the amount described in subparagraph (A); minus
(II) the amounts required under section 9706(h)(3)(B) of the Internal
Revenue Code of 1986.
(iii) For fiscal year 2010, the amount paid under this subparagraph shall
equal -(I) the amount described in subparagraph (A); minus
(II) the amounts required under section 9706(h)(3)(C) of the Internal
Revenue Code of 1986.
(B) On certification by the trustees of any plan described in subsection (h)(2)
that the amount available for transfer by the Secretary pursuant to this section
(determined after application of any limitation under subsection (h)(5)) is less than the
amount required to be transferred, to the plan the amount necessary to meet the
requirement of subsection (h)(2).
(C) To the Combined Fund, $9,000,000 on October 1, 2007, $9,000,000 on
October 1, 2008, $9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010
(which amounts shall not be exceeded) to provide a refund of any premium (as described
in section 9704(a) of the Internal Revenue Code of 1986) paid on or before September 7,
2000, to the Combined Fund, plus interest on the premium calculated at the rate of 7.5
percent per year, on a proportional basis and to be paid not later than 60 days after the
date on which each payment is received by the Combined Fund, to those signatory
operators (to the extent that the Combined Fund has not previously returned the premium
29

amounts to the operators), or any related persons to the operators (as defined in section
9701(c) of the Internal Revenue Code of 1986), or their heirs, successors, or assigns who
have been denied the refunds as the result of final judgments or settlements if -(i) prior to the December 20, 2006, the signatory operator (or any related
person to the operator) -(I) had all of its beneficiary assignments made under section 9706 of
the Internal Revenue Code of 1986 voided by the Commissioner of the Social Security
Administration; and
(II) was subject to a final judgment or final settlement of litigation
adverse to a claim by the operator that the assignment of beneficiaries under section 9706
of the Internal Revenue Code of 1986 was unconstitutional as applied to the operator; and
(ii) on or before September 7, 2000, the signatory operator (or any related
person to the operator) had paid to the Combined Fund any premium amount that had not
been refunded.
(2) Payments to States and Indian tribes
Subject to paragraph (3), out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior
for distribution to States and Indian tribes such sums as are necessary to pay amounts
described in paragraphs (1)(A) and (2)(A) of section 411(h).
(3) Limitations
(A) Cap
The total amount transferred under this subsection for any fiscal year shall not
exceed $490,000,000.
(B) Insufficient amounts
In a case in which the amount required to be transferred without regard to this
paragraph exceeds the maximum annual limitation in subparagraph (A), the Secretary
shall adjust the transfers of funds so that -(i) each transfer for the fiscal year is a percentage of the amount described;
(ii) the amount is determined without regard to subsection (h)(5)(A); and
(iii) the percentage transferred is the same for all transfers made under this
subsection for the fiscal year.
(4) Availability of funds
Funds shall be transferred under paragraphs (1) and (2) beginning in fiscal year
2008 and each fiscal year thereafter, and shall remain available until expended.
♦

SECTION 403 – OBJECTIVES OF FUND
[30 U.S.C. 1233]
(a) Priorities
Expenditure of moneys from the fund on lands and water eligible pursuant to section 404
for the purposes of this title, except as provided for under section 411, shall reflect the
30

following priorities in the order stated:
(1)(A) the protection; 8 of public health, safety, and property from extreme danger
of adverse effects of coal mining practices;
(B) the restoration of land and water resources and the environment that -(i) have been degraded by the adverse effects of coal mining practices; and
(ii) are adjacent to a site that has been or will be remediated under
subparagraph (A);
(2)(A) the protection of public health and safety from adverse effects of coal
mining practices;
(B) the restoration of land and water resources and the environment that -(i) have been degraded by the adverse effects of coal mining practices; and
(ii) are adjacent to a site that has been or will be remediated under
subparagraph (A); and
(3) the restoration of land and water resources and the environment previously
degraded by adverse effects of coal mining practices including measures for the
conservation and development of soil, water (excluding channelization), woodland, fish
and wildlife, recreation resources, and agricultural productivity.
(b) Water supply restoration
(1) Any State or Indian tribe not certified under section 411(a) may expend funds
allocated to such State or Indian tribe in any year through the grants made available under
paragraphs (1) and (5) of section 402(g) for the purpose of protecting, repairing,
replacing, constructing, or enhancing facilities relating to water supply, including water
distribution facilities and treatment plants, to replace water supplies adversely affected by
coal mining practices.
(2) If the adverse effect on water supplies referred to in this subsection occurred
both prior to and after August 3, 1977, or as the case may be, the dates (and under the
criteria) set forth under section 402(g)(4)(B), section 404 shall not be construed to
prohibit a State or Indian tribe referred to in paragraph (1) from using funds referred to in
such paragraph for the purposes of this subsection if the State or Indian tribe determines
that such adverse effects occurred predominantly prior to August 3, 1977, or as the case
may be, the dates (and under the criteria) set forth under section 402(g)(4)(B).
(c) Inventory
For the purposes of assisting in the planning and evaluation of reclamation projects
pursuant to section 405, and assisting in making the certification referred to in section
411(a), the Secretary shall maintain an inventory of eligible lands and waters pursuant to
section 404 which meet the priorities stated in paragraph (1) and (2) of subsection (a).
Under standardized procedures established by the Secretary, States and Indian tribes with
approved abandoned mine reclamation programs pursuant to section 405 may offer
8

So in the original.
31

amendments, subject to the approval of the Secretary, to update the inventory as it applies
to eligible lands and waters under the jurisdiction of such States or tribes. The Secretary
shall provide such States and tribes with the financial and technical assistance necessary
for the purpose of making inventory amendments. The Secretary shall compile and
maintain an inventory for States and Indian lands in the case when a State or Indian tribe
does not have an approved abandoned mine reclamation program pursuant to section 405.
On a regular basis, but not less than annually, the projects completed under this title shall
be so noted on the inventory under standardized procedures established by the Secretary.
♦

SECTION 404 – ELIGIBLE LANDS AND WATER
[30 U.S.C. 1234]
Lands and water eligible for reclamation or drainage 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, except as provided for under
section 411, and abandoned or left in an inadequate reclamation status prior to August 3,
1977, and for which there is no continuing reclamation responsibility under State or other
Federal laws. For other provisions relating to lands and waters eligible for such
expenditures, see section 402(g)(4), section 403(b)(1), and section 409. Surface coal
mining operations on lands eligible for remining shall not affect the eligibility of such
lands for reclamation and restoration under this title after the release of the bond or
deposit for any such operation as provided under section 519. In the event the bond or
deposit for a surface coal mining operation on lands eligible for remining is forfeited,
funds available under this title may be used if the amount of such bond or deposit is not
sufficient to provide for adequate reclamation or abatement, except that if conditions
warrant the Secretary shall immediately exercise his authority under section 410.
♦

SECTION 405 – STATE RECLAMATION PROGRAM
[30 U.S.C. 1235]
(a) Promulgation of regulations
Not later than the end of the one hundred and eighty-day period immediately following
August 3, 1977, the Secretary shall promulgate and publish in the Federal Register
regulations covering implementation of an abandoned mine reclamation program
incorporating the provisions of title IV and establishing procedures and requirements for
preparation, submission, and approval of State programs consisting of the plan and
annual submissions of projects.

32

(b) Submission of State Reclamation Plan and annual projects
Each State having within its borders coal mined lands eligible for reclamation under this
title, may submit to the Secretary a State Reclamation Plan and annual projects to carry
out the purposes of this title.
(c) Restriction
The Secretary shall not approve, fund, or continue to fund a State abandoned mine
reclamation program unless that State has an approved State regulatory program pursuant
to section 503 of this Act.
(d) Approval of State program; withdrawal
If the Secretary determines that a State has developed and submitted a program for
reclamation of abandoned mines and has the ability and necessary State legislation to
implement the provisions of this title, sections 402 and 410 excepted, the Secretary shall
approve such State program and shall grant to the State exclusive responsibility and
authority to implement the provisions of the approved program: Provided, That the
Secretary shall withdraw such approval and authorization if he determines upon the basis
of information provided under this section that the State program is not in compliance
with the procedures, guidelines, and requirements established under subsection 405(a).
(e) Contents of State Reclamation Plan
Each State Reclamation Plan shall generally identify the areas to be reclaimed, the
purposes for which the reclamation is proposed, the relationship of the lands to be
reclaimed and the proposed reclamation to surrounding areas, the specific criteria for
ranking and identifying projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of this title.
(f) Annual application for support; contents
On an annual basis, each State having an approved State Reclamation Plan may submit to
the Secretary an application for the support of the State program and implementation of
specific reclamation projects. Such annual requests shall include such information as
may be requested by the Secretary including:
(1) a general description of each proposed project;
(2) a priority evaluation of each proposed project;
(3) a statement of the estimated benefits in such terms as: number of acres restored,
miles of stream improved, acres of surface lands protected from subsidence, population
protected from subsidence, air pollution, hazards of mine and coal refuse disposal area
fires;
(4) an estimate of the cost for each proposed project;
33

(5) in the case of proposed research and demonstration projects, a description of the
specific techniques to be evaluated or objective to be attained;
(6) an identification of lands or interest therein to be acquired and the estimated cost;
and
(7) in each year after the first in which a plan is filed under this 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) Costs
The costs for each proposed project under this section shall include: actual construction
costs, actual operation and maintenance costs of permanent facilities, planning and
engineering costs, construction inspection costs, and other necessary administrative
expenses.
(h) Grant of funds
Upon approval of State Reclamation Plan by the Secretary and of the surface mine
regulatory program pursuant to section 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) Program monitorship
The Secretary, through his designated agents, will monitor the progress and quality of the
program. The States shall not be required at the start of any project to submit complete
copies of plans and specifications.
(j) Annual report to Secretary
The Secretary shall require annual and other reports as may be necessary to be submitted
by each State administering the approved State reclamation program with funds provided
under this title. Such reports shall include that information which the Secretary deems
necessary to fulfill his responsibilities under this title.
(k) Eligible lands of Indian tribes
Indian tribes having within their jurisdiction eligible lands pursuant to section 404 or
from which coal is produced, shall be considered as a “State” for the purposes of this title
except for purposes of subsection (c) of this section with respect to the Navajo, Hopi and
Crow Indian Tribes.

34

(l) State liability
No State shall be liable under any provision of Federal law for any costs or damages as a
result of action taken or omitted in the course of carrying out a State abandoned mine
reclamation plan approved under this section. This subsection shall not preclude liability
for cost or damages as a result of gross negligence or intentional misconduct by the State.
For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall
constitute gross negligence.
♦

SECTION 406 – RECLAMATION OF RURAL LANDS
[30 U.S.C. 1236]
(a) Agreements with owners for conservation treatment
In order to provide for the control and prevention of erosion and sediment damages from
unreclaimed mined lands, and to promote the conservation and development of soil and
water resources of unreclaimed mined lands and lands affected by mining, the Secretary
of Agriculture is authorized to enter into agreements of not more than ten years with
landowners (including owners of water rights), residents, and tenants, and individually or
collectively, determined by him to have control for the period of the agreement of lands
in question therein, providing for land stabilization, erosion, and sediment control, and
reclamation through conservation treatment, including measures for the conservation and
development of soil, water (excluding stream channelization), woodland, wildlife, and
recreation resources, and agricultural productivity of such lands. Such agreements shall
be made by the Secretary with the owners, including owners of water rights, residents, or
tenants (collectively or individually) of the lands in question.
(b) Conservation and development plans
The landowner, including the owner of water rights, resident, or tenant shall furnish to
the Secretary of Agriculture a conservation and development plan setting forth the
proposed land uses and conservation treatment which shall be mutually agreed by the
Secretary of Agriculture and the landowner, including owner of water rights, resident, or
tenant to be needed on the lands for which the plan was prepared. In those instances
where it is determined that the water rights or water supply of a tenant, landowner,
including owner of water rights, resident, or tenant have been adversely affected by a
surface or underground coal mine operation which has removed or disturbed a stratum so
as to significantly affect the hydrologic balance, such plan may include proposed
measures to enhance water quality or quantity by means of joint action with other
affected landowners, including owner of water rights, residents, or tenants in consultation
with appropriate State and Federal agencies.

35

(c) Agreement to effect plan
Such plan shall be incorporated in an agreement under which the landowner, including
owner of water rights, resident, or tenant shall agree with the Secretary of Agriculture to
effect the land uses and conservation treatment provided for in such plan on the lands
described in the agreement in accordance with the terms and conditions thereof.
(d) Financial and other assistance; determination by Secretary
In return for such agreement by the landowner, including owner of water rights, resident,
or tenant, the Secretary of Agriculture is authorized to furnish financial and other
assistance to such landowner, including owner of water rights, resident, or tenant, in such
amounts and subject to such conditions as the Secretary of Agriculture determines are
appropriate in the public interest for carrying out the land use and conservation treatment
set forth in the agreement. Grants made under this section, depending on the incomeproducing potential of the land after reclaiming, shall provide up to 80 per centum of the
cost of carrying out such land uses and conservation treatment on not more than one
hundred and twenty acres of land occupied by such owner, including water rights owners,
resident, or tenant, or on not more than one hundred and twenty acres of land which has
been purchased jointly by such landowners, including water rights owners, residents, or
tenants, under an agreement for the enhancement of water quality or quantity or on land
which has been acquired by an appropriate State or local agency for the purpose of
implementing such agreement; except the Secretary may reduce the matching cost share
where he determines that (1) the main benefits to be derived from the project are related
to improving offsite water quality, offsite esthetic values, or other offsite benefits, and (2)
the matching share requirement would place a burden on the landowner which would
probably prevent him from participating in the program: Provided, however, That the
Secretary of Agriculture may allow for land use and conservation treatment on such lands
occupied by any such owner in excess of such one hundred and twenty acre limitation up
to three hundred and twenty acres, but in such event the amount of the grant to such
landowner to carry out such reclamation on such lands shall be reduced proportionately.
Notwithstanding any other provision of this section with regard to acreage limitations, the
Secretary of Agriculture may carry out reclamation treatment projects to control erosion
and improve water quality on all lands within a hydrologic unit, consisting of not more
than 25,000 acres, if the Secretary determines that treatment of such lands as a hydrologic
unit will achieve greater reduction in the adverse effects of past surface mining practices
than would be achieved if reclamation was done on individual parcels of land.
(e) Termination of agreements
The Secretary of Agriculture may terminate any agreement with a landowner including
water rights owners, operator, or occupier by mutual agreement if the Secretary of
Agriculture determines that such termination would be in the public interest, and may
agree to such modification of agreements previously entered into hereunder as he deems
36

desirable to carry out the purposes of this section or to facilitate the practical
administration of the program authorized herein.
(f) Preservation and surrender of history and allotments
Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he
deems it desirable to carry out the purposes of this section, may provide in any agreement
hereinunder for (1) preservation for a period not to exceed the period covered by the
agreement and an equal period thereafter of the cropland, crop acreage, and allotment
history applicable to land covered by the agreement for the purpose of any Federal
program under which such history is used as a basis for an allotment or other limitation
on the production of such crop; or (2) surrender of any such history and allotments.
(g) Rules and regulations
The Secretary of Agriculture shall be authorized to issue such rules and regulations as he
determines are necessary to carry out the provisions of this section.
(h) Utilization of Natural Resources Conservation Service
In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the
services of the Natural Resources Conservation Service.
(i) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Agriculture, from amounts in
the Treasury other than amounts in the fund, such sums as may be necessary to carry out
this section.
♦

SECTION 407 – ACQUISITION AND RECLAMATION OF LAND
ADVERSELY AFFECTED BY PAST COAL MINING PRACTICES
[30 U.S.C. 1237]
(a) Findings of fact; notice; right of entry
If the Secretary or the State pursuant to an approved State program, makes a finding of
fact that –
(1) land or water resources have been adversely affected by past coal mining
practices; and
(2) the adverse effects are at a stage where, in the public interest, action to restore,
reclaim, abate, control, or prevent should be taken; and
37

(3) the owners of the land or water resources where entry must be made to restore,
reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not
known, or readily available; or
(4) the owners will not give permission for the United States, the States, political
subdivisions, their agents, employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the adverse effects of past coal mining
practices;
then, upon giving notice by mail to the owners if known or if not known by posting
notice upon the premises and advertising once in a newspaper of general circulation in
the municipality in which the land lies, the Secretary, his agents, employees, or
contractors, or the State pursuant to an approved State program, shall have the right to
enter upon the property adversely affected by past coal mining practices and any other
property to have access to such property to do all things necessary or expedient to restore,
reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as
an exercise of the police power for the protection of public health, safety, and general
welfare and shall not be construed as an act of condemnation of property nor of trespass
thereon. The moneys expended for such work and the benefits accruing to any such
premises so entered upon shall be chargeable against such land and shall mitigate or
offset any claim in or any action brought by any owner of any interest in such premises
for any alleged damages by virtue of such entry: Provided, however, That this provision
is not intended to create new rights of action or eliminate existing immunities.
(b) Studies or exploratory work
The Secretary, his agents, employees, or contractors or the State pursuant to an approved
State program, shall have the right to enter upon any property for the purpose of
conducting studies or exploratory work to determine the existence of adverse effects of
past coal mining practices and to determine the feasibility of restoration, reclamation,
abatement, control, or prevention of such adverse effects. Such entry shall be construed
as an exercise of the police power for the protection of public health, safety, and general
welfare and shall not be construed as an act of condemnation of property nor trespass
thereon.
(c) Requirements for acquisition of affected land
The Secretary or the State pursuant to an approved State program, may acquire any land,
by purchase, donation, or condemnation, which is adversely affected by past coal mining
practices if the Secretary determines that acquisition of such land is necessary to
successful reclamation and that -(1) the acquired land, after restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices, will serve recreation and
historic purposes, conservation and reclamation purposes or provide open space benefits;
and
38

(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 ownership is desirable to meet emergency
situations and prevent recurrences of the adverse effects of past coal mining practices.
(d) Title to affected land; value
Title to all lands acquired pursuant to this section shall be in the name of the United
States or, if acquired by a State pursuant to an approved program, title shall be in the
name of the State. The price paid for land acquired under this section shall reflect the
market value of the land as adversely affected by past coal mining practices.
(e) State participation; grants
States are encouraged as part of their approved State programs, to reclaim abandoned and
unreclaimed mined lands within their boundaries and, if necessary, to acquire or to
transfer such lands to the Secretary or the appropriate State regulatory authority under
appropriate Federal regulations. The Secretary is authorized to make grants on a
matching basis to States in such amounts as he deems appropriate for the purpose of
carrying out the provisions of this 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 reclamation at fair market value
less the State portion of the original acquisition price. Notwithstanding the provisions of
paragraph (1) of subsection (c), reclaimed land may be sold to the State or local
government in which it is located at a price less than fair market value, which in no case
shall be less than the cost to the United States of the purchase and reclamation of the
land, as negotiated by the Secretary, to be used for a valid public purpose. If any land
sold to a State or local government under this paragraph is not used for a valid public
purpose as specified by the Secretary in the terms of the sales agreement then all right,
title, and interest in such land shall revert to the United States. Money received from
such sale shall be deposited in the fund.
(f) Rules and regulations
The Secretary, in formulating regulations for making grants to the States to acquire land
pursuant to this section, shall specify that acquired land meet the criteria provided for in
subsections (c) and (d) of this section. The Secretary may provide by regulation that
money derived from the lease, rental, or user charges of such acquired land and facilities
thereon will be deposited in the fund.

39

(g) Public sale; notice and hearing
(1) Where land acquired pursuant to this section is deemed to be suitable for
industrial, commercial, residential, or recreational development, the Secretary may sell or
authorize the States to sell such land by public sale under a system of competitive
bidding, at not less than fair market value and under such other regulations promulgated
to insure that such lands are put to proper use consistent with local and State land use
plans, if any, as determined by the Secretary.
(2) The Secretary or the State pursuant to an approved State program, when
requested after appropriate public notice shall hold a public hearing, with the appropriate
notice, in the county or counties or the appropriate subdivisions of the State in which
lands acquired pursuant to this section are located. The hearings shall be held at a time
which shall afford local citizens and governments the maximum opportunity to
participate in the decision concerning the use or disposition of the lands after restoration,
reclamation, abatement, control, or prevention of the adverse effects of past coal mining
practices.
(h) Construction or rehabilitation of housing for disabled, displaced, or
dislocated persons; grants
In addition to the authority to acquire land under subsection (d) of this section the
Secretary is authorized to use money in the fund to acquire land by purchase, donation, or
condemnation, and to reclaim and transfer acquired land to any State or to a political
subdivision thereof, or to any person, firm, association, or corporation, if he determines
that such is an integral and necessary element of an economically feasible plan for the
project to construct or rehabilitate housing for persons disabled as the result of
employment in the mines or work incidental thereto, persons displaced by acquisition of
land pursuant to this section, or persons dislocated as the result of adverse effects of coal
mining practices which constitute an emergency as provided in section 410 or persons
dislocated as the result of natural disasters or catastrophic failures from any cause. Such
activities shall be accomplished under such terms and conditions as the Secretary shall
require, which may include transfers of land with or without monetary consideration:
Provided, That, to the extent that the consideration is below the fair market value of the
land transferred, no portion of the difference between the fair market value and the
consideration shall accrue as a profit to such persons, firm, association, or corporation.
No part of the funds provided under this title may be used to pay the actual construction
costs of housing. The Secretary may carry out the purposes of this subsection directly or
he may make grants and commitments for grants, and may advance money under such
terms and conditions as he may require to any State, or any department, agency, or
instrumentality of a State, or any public body or nonprofit organization designated by a
State.
♦

40

SECTION 408 – LIENS
[30 U.S.C. 1238]
(a) Filing of statement and appraisal
Within six months after the completion of projects to restore, reclaim, abate, control, or
prevent adverse effects of past coal mining practices on privately owned land, the
Secretary or the State, pursuant to an approved State program, shall itemize the moneys
so expended and may file a statement thereof in the office of the county in which the land
lies which has the responsibility under local law for the recording of judgments against
land, together with a notarized appraisal by an independent appraiser of the value of the
land before the restoration, reclamation, abatement, control, or prevention of adverse
effects of past coal mining practices if the moneys so expended shall result in a
significant increase in property value. Such statement shall constitute a lien upon the said
land. The lien shall not exceed the amount determined by the appraisal to be the increase
in the market value of the land as a result of the restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining practices. No lien shall
be filed against the property of any person, in accordance with this subsection, who
neither consented to nor participated in nor exercised control over the mining operation
which necessitated the reclamation performed hereunder.
(b) Petition
The landowner may proceed as provided by local law to petition within sixty days of the
filing of the lien, to determine the increase in the market value of the land as a result of
the restoration, reclamation, abatement, control, or prevention of the adverse effects of
past coal mining practices. The amount reported to be the increase in value of the
premises shall constitute the amount of the lien and shall be recorded with the statement
herein provided. Any party aggrieved by the decision may appeal as provided by local
law.
(c) Recordation
The lien provided in this section shall be entered in the county office in which the land
lies and which has responsibility under local law for the recording of judgments against
land. Such statement shall constitute a lien upon the said land as of the date of the
expenditure of the moneys and shall have priority as a lien second only to the lien of real
estate taxes imposed upon said land.
♦

41

SECTION 409 – FILLING VOIDS AND SEALING TUNNELS
[30 U.S.C. 1239]
(a) Congressional declaration of hazardous conditions
The Congress declares that voids, and open and abandoned tunnels, shafts, and entryways
resulting from any previous mining operation, constitute a hazard to the public health or
safety and that surface impacts of any underground or surface mining operation may
degrade the environment. The Secretary, at the request of the Governor of any State, or
the the 9 governing body of an Indian tribe, is authorized to fill such voids, seal such
abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or
surface mines which the Secretary determines could endanger life and property,
constitute a hazard to the public health and safety, or degrade the environment. State
regulatory authorities are authorized to carry out such work pursuant to an approved
abandoned mine reclamation program.
(b) Limitation on funds
Funds available for use in carrying out the purpose of this section shall be limited to those
funds which must be allocated to the respective States or Indian tribes under the
provisions of paragraphs (1) and (5) of section 402(g).
(c) Limitation on expenditures
(1) The Secretary may make expenditures and carry out the purposes of this
section in such States where requests are made by the Governor or governing body of an
Indian tribe for those reclamation projects which meet the priorities stated in section
403(a)(1), except that for the purposes of this section the reference to coal in section
403(a)(1) shall not apply.
(2) The provisions of section 404 shall apply to this section, with the exception
that such mined lands need not have been mined for coal.
(3) The Secretary shall not make any expenditures for the purposes of this section
in those States which have made the certification referred to in section 411(a).
(d) Disposal of mine wastes
In those instances where mine waste piles are being reworked for conservation purposes,
the incremental costs of disposing of the wastes from such operations by filling voids and
sealing tunnels may be eligible for funding providing that the disposal of these wastes
meets the purposes of this section.

9

So in the original.
42

(e) Land acquisition
The Secretary may acquire by purchase, donation, easement, or otherwise such interest in
land as he determines necessary to carry out the provisions of this section.
♦

SECTION 410 – EMERGENCY POWERS
[30 U.S.C. 1240]
(a) The Secretary is authorized to expend moneys from the fund for the emergency
restoration, reclamation, abatement, control, or prevention of adverse effects of coal
mining practices, on eligible lands, if the Secretary makes a finding of fact that -(1) an emergency exists constituting a danger to the public health, safety, or
general welfare; and
(2) no other person or agency will act expeditiously to restore, reclaim, abate,
control, or prevent the adverse effects of coal mining practices.
(b) The Secretary, his agents, employees, and contractors shall have the right to enter
upon any land where the emergency exists and any other land to have access to the land
where the emergency exists to restore, reclaim, abate, control, or prevent the adverse
effects of coal mining practices and to do all things necessary or expedient to protect the
public health, safety, or general welfare. Such entry shall be construed as an exercise of
the police power and shall not be construed as an act of condemnation of property nor of
trespass thereof. The moneys expended for such work and the benefits accruing to any
such premises so entered upon shall be chargeable against such land and shall mitigate or
offset any claim in or any action brought by any owner of any interest in such premises
for any alleged damages by virtue of such entry: Provided, however, That this provision
is not intended to create new rights of action or eliminate existing immunities.
♦

SECTION 411 – CERTIFICATION
[30 U.S.C. 1240a]
(a) Certification of completion of coal reclamation
(1) The Governor of a State, or the head of a governing body of an Indian tribe,
with an approved abandoned mine reclamation program under section 405 may certify to
the Secretary that all of the priorities stated in section 403(a) for eligible lands and waters
pursuant to section 404 have been achieved. The Secretary, after notice in the Federal
Register and opportunity for public comment, shall concur with such certification if the
43

Secretary determines that such certification is correct.
(2)(A) The Secretary may, on the initiative of the Secretary, make the
certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to
in paragraph (1) if on the basis of the inventory referred to in section 403(c) all
reclamation projects relating to the priorities described in section 403(a) for eligible land
and water pursuant to section 404 in the State or tribe have been completed.
(B) The Secretary shall only make the certification after notice in the Federal
Register and opportunity for public comment.
(b) Eligible lands, waters, and facilities
If the Secretary has concurred in a State or tribal certification under subsection (a), for
purposes of determining the eligibility of lands and waters for annual grants under section
402(g)(1), section 404 shall not apply, and eligible lands, waters, and facilities shall be
those -(1) which were mined or processed for minerals or which were affected by such
mining or processing, and abandoned or left in an inadequate reclamation status prior to
August 3, 1977; and
(2) for which there is no continuing reclamation responsibility under State or
other Federal laws. In determining the eligibility under this subsection of Federal lands,
waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land
Management, in lieu of the August 3, 1977, date referred to in paragraph (1) the
applicable date shall be August 28, 1974, and November 26, 1980, respectively.
(c) Priorities
Expenditures of moneys for lands, waters, and facilities referred to in subsection (b) shall
reflect the following objectives and priorities in the order stated (in lieu of the priorities
set forth in section 403:
(1) The protection of public health, safety, general welfare, and property from
extreme danger of adverse effects of mineral mining and processing practices.
(2) The protection of public health, safety, and general welfare from adverse
effects of mineral mining and processing practices.
(3) The restoration of land and water resources and the environment previously
degraded by the adverse effects of mineral mining and processing practices.
(d) Specific sites and areas not eligible
Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed
for remedial action pursuant to the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be
eligible for expenditures from the Fund under this section.

44

(e) Utilities and other facilities
Reclamation projects involving the protection, repair, replacement, construction, or
enhancement of utilities, such as those relating to water supply, roads, and such other
facilities serving the public adversely affected by mineral mining and processing
practices, and the construction of public facilities in communities impacted by coal or
other mineral mining and processing practices, shall be deemed part of the objectives set
forth, and undertaken as they relate to, the priorities stated in subsection (c).
(f) Public facilities related to coal or minerals industry
Notwithstanding subsection (e), where the Secretary has concurred in the certification
referenced in subsection (a) and where the Governor of a State or the head of a governing
body of an Indian tribe determines there is a need for activities or construction of specific
public facilities related to the coal or minerals industry in States impacted by coal or
minerals development and the Secretary concurs in such need, then the State or Indian
tribe, as the case may be, may use annual grants made available under section 402(g)(1)
to carry out such activities or construction.
(g) Application of other provisions
The provisions of sections 407 and 408 shall apply to subsections (a) through (e) of this
section, except that for purposes of this section the references to coal in sections 407 and
408 shall not apply.
(h) Payments to States and Indian tribes
(1) In general
(A) Payments
(i) In general
Notwithstanding section 401(f)(3)(B), from funds referred to in section 402(i)(2),
the Secretary shall make payments to States or Indian tribes for the amount due for the
aggregate unappropriated amount allocated to the State or Indian tribe under
subparagraph (A) or (B) of section 402(g)(1).
(ii) Conversion as equivalent payments
Amounts allocated under subparagraph (A) or (B) of section 402(g)(1) shall
be reallocated to the allocation established in section 402(g)(5) in amounts equivalent to
payments made to States or Indian tribes under this paragraph.
(B) Amount due
In this paragraph, the term “amount due” means the unappropriated amount
allocated to a State or Indian tribe before October 1, 2007, under subparagraph (A) or (B)
of section 402(g)(1).
(C) Schedule
Payments under subparagraph (A) shall be made in 7 equal annual installments,
beginning with fiscal year 2008.
45

(D) Use of funds.
(i) Certified States and Indian tribes
A State or Indian tribe that makes a certification under subsection (a) in which the
Secretary concurs shall use any amounts provided under this paragraph for the purposes
established by the State legislature or tribal council of the Indian tribe, with priority given
for addressing the impacts of mineral development.
(ii) Uncertified States and Indian tribes
A State or Indian tribe that has not made a certification under subsection (a) in
which the Secretary has concurred shall use any amounts provided under this paragraph
for the purposes described in section 403.
(2) Subsequent State and Indian tribe share for certified States and Indian
tribes.
(A) In general
Notwithstanding section 401(f)(3)(B), from funds referred to in section 402(i)(2),
the Secretary shall pay to each certified State or Indian tribe an amount equal to the sum
of the aggregate unappropriated amount allocated on or after October 1, 2007, to the
certified State or Indian tribe under subparagraph (A) or (B) of section 402(g)(1).
(B) Certified State or Indian tribe defined
In this paragraph the term “certified State or Indian tribe” means a State or Indian
tribe for which a certification is made under subsection (a) in which the Secretary
concurs.
(3) Manner of payment
(A) In general
Subject to subparagraph (B), payments to States or Indian tribes under this
subsection shall be made without regard to any limitation in section 401(d) and
concurrently with payments to States under that section.
(B) Initial payments
The first 3 payments made to any State or Indian tribe shall be reduced to 25
percent, 50 percent, and 75 percent, respectively, of the amounts otherwise required
under paragraph (2)(A).
(C) Installments
Amounts withheld from the first 3 annual installments as provided under
subparagraph (B) shall be paid in 2 equal annual installments beginning with fiscal year
2018.
(4) Reallocation.
(A) In general
The amount allocated to any State or Indian tribe under subparagraph (A) or (B)
of section 402(g)(1) that is paid to the State or Indian tribe as a result of a payment under
paragraph (1) or (2) shall be reallocated and available for grants under section 402(g)(5).
(B) Allocation
The grants shall be allocated based on the amount of coal historically produced
before August 3, 1977, in the same manner as under section 402(g)(5).
(5) Limitation on annual payments.
Notwithstanding any other provision of this subsection, the total annual payment to a
certified State or Indian tribe under this subsection shall be not more than $15,000,000.
46

♦

SECTION 412 – [OMITTED]
[30 U.S.C. 1241]
♦

SECTION 413 – POWERS OF SECRETARY OR STATE
[30 U.S.C. 1242]
(a) Engage in work, promulgate rules and regulations, etc., to implement and
administer 30 U.S.C. 1231 et seq.
The Secretary or the State pursuant to an approved State program, shall have the power
and authority, if not granted it otherwise, to engage in any work and to do all things
necessary or expedient, including promulgation of rules and regulations, to implement
and administer the provisions of this title.
(b) Engage in cooperative projects
The Secretary or the State pursuant to an approved State program, shall have the power
and authority to engage in cooperative projects under this title with any other agency of
the United States of America, any State and their governmental agencies.
(c) Request for action to restrain interference with regard to 30 U.S.C. 1231 et
seq.
The Secretary or the State pursuant to an approved State program, may request the
Attorney General, who is hereby authorized to initiate, in addition to any other remedies
provided for in this 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) Construct and operate plants for control and treatment of water pollution
resulting from mine drainage
The Secretary or the State pursuant to an approved State program, shall have the power
and authority to construct and operate a plant or plants for the control and treatment of
water pollution resulting from mine drainage. The extent of this control and treatment
may be dependent upon the ultimate use of the water: Provided, That the above
provisions of this paragraph shall not be deemed in any way to repeal or supersede any
portion of the Federal Water Pollution Control Act (33 U.S.C. 1151, et seq. as amended)
47

and no control or treatment under this subsection shall in any way be less than that
required under the Federal Water Pollution Control Act. The construction of a plant or
plants may include major interceptors and other facilities appurtenant to the plant.
(e) Transfer of funds
The Secretary may transfer funds to other appropriate Federal agencies, in order to carry
out the reclamation activities authorized by this title.
♦

SECTION 414 – INTERAGENCY COOPERATION
[30 U.S.C. 1243]
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.
♦

SECTION 415 – REMINING INCENTIVES
[30 U.S.C. 1244]
(a) In general
Notwithstanding any other provision of this Act, the Secretary may, after opportunity for
public comment, promulgate regulations that describe conditions under which amounts in
the fund may be used to provide incentives to promote remining of eligible land under
section 404 in a manner that leverages the use of amounts from the fund to achieve more
reclamation with respect to the eligible land than would be achieved without the
incentives.
(b) Requirements
Any regulations promulgated under subsection (a) shall specify that the incentives shall
apply only if the Secretary determines, with the concurrence of the State regulatory
authority referred to in title V, that, without the incentives, the eligible land would not be
likely to be remined and reclaimed.
(c) Incentives
(1) In general
48

Incentives that may be considered for inclusion in the regulations promulgated
under subsection (a) include, but are not limited to -(A) a rebate or waiver of the reclamation fees required under section 402(a);
and
(B) the use of amounts in the fund to provide financial assurance for remining
operations in lieu of all or a portion of the performance bonds required under section 509.
(2) Limitations
(A) Use
A rebate or waiver under paragraph (1)(A) shall be used only for operations that (i) remove or reprocess abandoned coal mine waste; or
(ii) conduct remining activities that meet the priorities specified in
paragraph (1) or (2) of section 403(a).
(B) Amount
The amount of a rebate or waiver provided as an incentive under paragraph
(1)(A) to remine or reclaim eligible land shall not exceed the estimated cost of reclaiming
the eligible land under this section.

♦♦♦

49

TITLE V – CONTROL OF THE ENVIRONMENTAL IMPACTS OF
SURFACE COAL MINING
SECTION 501 – ENVIRONMENTAL PROTECTION STANDARDS
[30 U.S.C. 1251]
(a) Not later than the end of the ninety-day period immediately following August 3,
1977, the Secretary shall promulgate and publish in the Federal Register regulations
covering an interim regulatory procedure for surface coal mining and reclamation
operations setting mining and reclamation performance standards based on and
incorporating the provisions set out in section 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 published by the Secretary until he has -(A) published proposed regulations in the Federal Register and afforded
interested persons and State and local governments a period of not less than thirty days
after such publication to submit written comments thereon;
(B) obtained the written concurrence of the Administrator of the
Environmental Protection Agency with respect to those regulations promulgated under
this section which relate to air or water quality standards promulgated under the authority
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151-1175), and the
Clean Air Act, as amended (42 U.S.C. 1857 et seq.); and
(C) held at least one public hearing on the proposed regulations.
The date, time, and place of any hearing held on the proposed regulations shall be set out
in the publication of the proposed regulations. The Secretary shall consider all comments
and relevant data presented at such hearing before final promulgation and publication of
the regulations.
(b) Not later than one year after August 3, 1977, the Secretary shall promulgate and
publish in the Federal Register regulations covering a permanent regulatory procedure for
surface coal mining and reclamation operations performance standards based on and
conforming to the provisions of title V and establishing procedures and requirements for
preparation, submission, and approval of State programs; and development and
implementation of Federal programs under the title. The Secretary shall promulgate these
regulations, which shall be concise and written in plain, understandable language in
accordance with the procedures in section 501(a).
♦

50

SECTION 501a – ABANDONED COAL REFUSE SITES
[30 U.S.C. 1251a]
(1) Notwithstanding any other provision of the Surface Mining Control and
Reclamation Act of 1977 to the contrary, the Secretary of the Interior shall, within one
year after October 24, 1992, publish proposed regulations in the Federal Register, and
after opportunity for public comment publish final regulations, establishing
environmental protection performance and reclamation standards, and separate permit
systems applicable to operations for the on-site reprocessing of abandoned coal refuse
and operations for the removal of abandoned coal refuse on lands that would otherwise be
eligible for expenditure under section 404 and section 402(g)(4) of the Surface Mining
Control and Reclamation Act of 1977.
(2) The standards and permit systems referred to in paragraph (1) shall
distinguish between those operations which reprocess abandoned coal refuse on-site, and
those operations which completely remove abandoned coal refuse from a site for the
direct use of such coal refuse, or for the reprocessing of such coal refuse, at another
location. Such standards and permit systems shall be premised on the distinct differences
between operations for the on-site reprocessing, and operations for the removal, of
abandoned coal refuse and other types of surface coal mining operations.
(3) The Secretary of the Interior may devise a different standard than any of those
set forth in section 515 and section 516 of the Surface Mining Control and Reclamation
Act of 1977, and devise a separate permit system, if he determines, on a standard-bystandard basis, that a different standard may facilitate the on-site reprocessing, or the
removal, of abandoned coal refuse in a manner that would provide the same level of
environmental protection as under section 515 and section 516.
(4) Not later than 30 days prior to the publication of the proposed regulations
referred to in this subsection, the Secretary shall submit a report to the Committee on
Interior and Insular Affairs of the United States House of Representatives, and the
Committee on Energy and Natural Resources of the United States Senate containing a
detailed description of any environmental protection performance and reclamation
standards, and separate permit systems, devised pursuant to this subsection.
♦

SECTION 502 – INITIAL REGULATORY PROCEDURES
[30 U.S.C. 1252]
(a) State regulation
No person shall open or develop any new or previously mined or abandoned site for
surface coal mining operations on lands on which such operations are regulated by a State
unless such person has obtained a permit from the State’s regulatory authority.
51

(b) Interim standards
All surface coal mining operations on lands on which such operations are regulated by a
State which commence operations pursuant to a permit issued on or after six months from
August 3, 1977, shall comply, and such permits shall contain terms requiring compliance
with, the provisions set out in subsection (c) of this section. Prior to final disapproval of a
State program or prior to promulgation of a Federal program or a Federal lands program
pursuant to this Act, a State may issue such permits.
(c) Full compliance with environmental protection performance standards
On and after nine months from August 3, 1977, all surface coal mining operations on
lands on which such operations are regulated by a State shall comply with the provisions
of subsections 515(b)(2), 515(b)(3), 515(b)(5), 515(b)(10), 515(b)(13), 515(b)(15),
515(b)(19), and 515(d) of this Act or, where a surface coal mining operation will remove
an entire coal seam or seams running through the upper fraction of a mountain, ridge, or
hill by removing all of the overburden and creating a level plateau or a gently rolling
contour with no highwalls remaining, such operation shall comply with the requirements
of section 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 August 3, 1977, issued to a
person as defined in section 701(19) in existence prior to May 2, 1977 and operated by a
person whose total annual production of coal from surface and underground coal mining
operations does not exceed one hundred thousand tons shall not be subject to the
provisions of this subsection except with reference to the provision of subsection
515(d)(1) until January 1, 1979.
(d) Permit application
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 expectation of operating such mines after the expiration of eight months from the
approval of a State program or the implementation of a Federal program, shall file an
application for a permit with the regulatory authority. Such application shall cover those
lands to be mined after the expiration of eight months from the approval of a State
program or the implementation of a Federal program. The regulatory authority shall
process such applications and grant or deny a permit within eight months after the date of
approval of the State program or the implementation of the Federal program, unless
specially enjoined by a court of competent jurisdiction, but in no case later than forty-two
months from August 3, 1977.

52

(e) Federal enforcement program
Within six months after August 3, 1977, the Secretary shall implement a Federal
enforcement program which shall remain in effect in each State as surface coal mining
operations are required to comply with the provisions of this 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 made (but at least
one inspection for every site every six months), without advance notice to the mine
operator and for the purpose of ascertaining compliance with the standards of subsections
(b) and (c) above. The Secretary shall order any necessary enforcement action to be
implemented pursuant to the Federal enforcement provision of this title [30 USC §§ 1251
et seq.] to correct violations identified at the inspections;
(2) provide that upon receipt of inspection reports indicating that any surface coal
mining operation has been found in violation of subsections (b) and (c) above, during not
less than two consecutive State inspections or upon receipt by the Secretary of
information which would give rise to reasonable belief that such standards are being
violated by any surface coal mining operation, the Secretary shall order the immediate
inspection of such operation by Federal inspectors and the necessary enforcement actions,
if any, to be implemented pursuant to the Federal enforcement provisions of this title.
When the Federal inspection results from information provided to the Secretary by any
person, the Secretary shall notify such person when the Federal inspection is proposed to
be carried out and such person shall be allowed to accompany the inspector during the
inspection;
(3) provide that the State regulatory agency file with the Secretary and with a
designated Federal office centrally located in the county or area in which the inspected
surface coal mine is located copies of inspection reports made;
(4) provide that moneys authorized by section 712 shall be available to the
Secretary prior to the approval of a State program 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. 10
(5) for purposes of this section, the term “Federal inspector” means personnel of
the Office of Surface Mining Reclamation and Enforcement and such additional
personnel of the United States Geological Survey, Bureau of Land Management, or of the
Mining Enforcement and Safety Administration so designated by the Secretary, or such
other personnel of the Forest Service, Soil Conservation Service, or the Agricultural
Stabilization and Conservation Service as arranged by appropriate agreement with the
Secretary on a reimbursable or other basis; 11

10
11

So in the original. The period probably should be a semicolon.
So in the original. The semicolon probably should be a period.
53

(f) Interim period
Following the final disapproval of a State program, and prior to promulgation of a
Federal program or a Federal lands program pursuant to this 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 [this section].
During such period no new permits shall be issued by the State whose program has been
disapproved. Permits which lapse during such period may continue in full force and
effect until promulgation of a Federal program or a Federal lands program.
♦

SECTION 503 – STATE PROGRAMS
[30 U.S.C. 1253]
(a) Regulation of surface coal mining and reclamation operations;
submittal to Secretary; time limit; demonstration of effectiveness
Each State in which there are or may be conducted surface coal mining operations on
non-Federal lands, and which wishes to assume exclusive jurisdiction over the regulation
of surface coal mining and reclamation operations, except as provided in sections 521 and
523 and title IV of this Act, shall submit to the Secretary, by the end of the eighteenthmonth 12 period beginning on August 3, 1977, a State program which demonstrates that
such State has the capability of carrying out the provisions of this Act and meeting its
purposes through -(1) a State law which provides for the regulation of surface coal mining and
reclamation operations in accordance with the requirements of this Act;
(2) a State law which provides sanctions for violations of State laws, regulations,
or conditions of permits concerning surface coal mining and reclamation operations,
which sanctions shall meet the minimum requirements of this 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 implementation, maintenance, and
enforcement of a permit system, meeting the requirements of this title for the regulation
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
consultation with the State;
12

So in the original.
54

(6) establishment for the purposes of avoiding duplication, of a process for
coordinating the review and issuance of permits for surface coal mining and reclamation
operations with any other Federal or State permit process applicable to the proposed
operations; and
(7) rules and regulations consistent with regulations issued by the Secretary
pursuant to this Act.
(b) Approval of program
The Secretary shall not approve any State program submitted under this section until he
has -(1) solicited and publicly disclosed the views of the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture, and the heads of other
Federal agencies concerned with or having special expertise pertinent to the proposed
State program;
(2) obtained the written concurrence of the Administrator of the Environmental
Protection Agency with respect to those aspects of a State program which relate to air or
water quality standards promulgated under the authority of the Federal Water Pollution
Control Act, as amended (33 U.S.C. 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 program was submitted to him.
(c) Notice of disapproval
If the Secretary disapproves any proposed State program in whole or in part, he shall
notify the State in writing of his decision and set forth in detail the reasons therefor. The
State shall have sixty days in which to resubmit a revised State program or portion
thereof. The Secretary shall approve or disapprove the resubmitted State program or
portion thereof within sixty days from the date of resubmission.
(d) Inability of State to take action
For the purposes of this section and section 504, the inability of a State to take any action
the purpose of which is to prepare, submit or enforce a State program, or any portion
thereof, because the action is enjoined by the issuance of an injunction by any court of
competent jurisdiction shall not result in a loss of eligibility for financial assistance under
titles IV and VII of this Act or in the imposition of a Federal program. Regulation of the
surface coal mining and reclamation operations covered or to be covered by the State
program subject to the injunction shall be conducted by the State pursuant to section 502
of this Act, until such time as the injunction terminates or for one year, whichever is
55

shorter, at which time the requirements of sections 503 and 504 shall again be fully
applicable.
♦

SECTION 504 – FEDERAL PROGRAMS
[30 U.S.C. 1254]
(a) Promulgation and implementation by Secretary for State
The Secretary shall prepare and, subject to the provisions of this section, promulgate and
implement a Federal program for a State no later than thirty-four months after August 3,
1977, if such State -(1) fails to submit a State program covering surface coal mining and reclamation
operations by the end of the eighteen-month period beginning on August 3, 1977;
(2) fails to resubmit an acceptable State program within sixty days of disapproval
of a proposed State program: Provided, That the Secretary shall not implement a Federal
program prior to the expiration of the initial period allowed for submission of a State
program as provided for in clause (1) of this subsection; or
(3) fails to implement, enforce, or maintain its approved State program as
provided for in this Act.
If State compliance with clause (1) of this subsection requires an act of the State
legislature, the Secretary may extend the period of submission of a State program up to
an additional six months. Promulgation and implementation of a Federal program vests
the Secretary with exclusive jurisdiction for the regulation and control of surface coal
mining and reclamation operations taking place on lands within any State not in
compliance with this Act. After promulgation and implementation of a Federal program
the Secretary shall be the regulatory authority. If a Federal program is implemented for a
State, section 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) Federal enforcement of State program
In the event that a State has a State program for surface coal mining, and is not enforcing
any part of such program, the Secretary may provide for the Federal enforcement, under
the provisions of section 521, of that part of the State program not being enforced by such
State.
(c) Notice and hearing
Prior to promulgation and implementation of any proposed Federal program, the
Secretary shall give adequate public notice and hold a public hearing in the affected
State.
56

(d) Review of permits
Permits issued pursuant to a previously approved State program shall be valid but
reviewable under a Federal program. Immediately following promulgation of a Federal
program, the Secretary shall undertake to review such permits to determine that the
requirements of this Act are not violated. If the Secretary determines any permit to have
been granted contrary to the requirements of this Act, he shall so advise the permittee and
provide him an opportunity for hearing and a reasonable opportunity for submission of a
new application and reasonable time, within a time limit prescribed in regulations
promulgated pursuant to section 501(b), to conform ongoing surface mining and
reclamation operations to the requirements of the Federal program.
(e) Submission of State program after implementation of Federal program
A State which has failed to obtain the approval of a State program prior to
implementation of a Federal program may submit a State program at any time after such
implementation. Upon the submission of such a program, the Secretary shall follow the
procedures set forth in section 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) Validity of Federal program permits under superseding State program
Permits issued pursuant to the Federal program shall be valid under any superseding State
program: Provided, That the Federal permittee shall have the right to apply for a State
permit to supersede his Federal permit. The State regulatory authority may review such
permits to determine that the requirements of this 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
reasonable time, within a time limit prescribed in regulations promulgated pursuant to
section 501, to conform ongoing surface mining and reclamation operations to the
additional State requirements.

(g) Preemption of State statutes or regulations
Whenever a Federal program is promulgated for a State pursuant to this 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,
57

be preempted and superseded by the Federal program. The Secretary shall set forth any
State law or regulation which is preempted and superseded by the Federal program.
(h) Coordination of issuance and review of Federal program permits with any
other Federal or State permit process
Any Federal program shall include a process for coordinating the review and issuance of
permits for surface mining and reclamation operations with any other Federal or State
permit process applicable to the proposed operation.
♦

SECTION 505 – STATE LAWS
[30 U.S.C. 1255]
(a) No State law or regulation in effect on August 3, 1977, or which may become
effective thereafter, shall be superseded by any provision of this 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 August 3, 1977, or
which may become effective thereafter, which provides for more stringent land use and
environmental controls and regulations of surface coal mining and reclamation operation
than do the provisions of this Act or any regulation issued pursuant thereto shall not be
construed to be inconsistent with this Act. The Secretary shall set forth 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 August 3, 1977, or which may become effective thereafter,
which provides for the control and regulation of surface mining and reclamation
operations for which no provision is contained in this Act shall not be construed to be
inconsistent with this Act.
♦

SECTION 506 – PERMITS
[30 U.S.C. 1256]
(a) Persons engaged in surface coal mining within State; time limit; exception
No later than eight months from the date on which a State program is approved by the
Secretary, pursuant to section 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
58

Secretary pursuant to a Federal program; except a person conducting surface coal mining
operations under a permit from the State regulatory authority, issued in accordance with
the provisions of section 502 of this Act, may conduct such operations beyond such
period if an application for a permit has been filed in accordance with the provisions of
this Act, but the initial administrative decision has not been rendered.
(b) Term
All permits issued pursuant to the requirements of this Act shall be issued for a term not
to exceed five years: Provided, That if the applicant demonstrates that a specified longer
term is reasonably needed to allow the applicant to obtain necessary financing for
equipment and the opening of the operation and if the application is full and complete for
such specified longer term, the regulatory authority may grant a permit for such longer
term. A successor in interest to a permittee who applies for a new permit within thirty
days of succeeding to such interest and who is able to obtain the bond coverage of the
original permittee may continue surface coal mining and reclamation operations
according to the approved mining and reclamation plan of the original permittee until
such successor’s application is granted or denied.
(c) Termination
A permit shall terminate if the permittee has not commenced the surface coal mining
operations covered by such permit within three years of the issuance of the permit:
Provided, That the regulatory authority may grant reasonable extensions of time upon a
showing that such extensions are necessary by reason of litigation precluding such
commencement or threatening substantial economic loss to the permittee, or by reason of
conditions beyond the control and without the fault or negligence of the permittee:
Provided further, That in the case of a coal lease issued under the Federal Mineral
Leasing Act, as amended, extensions of time may not extend beyond the period allowed
for diligent development in accordance 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 operations at such time as the construction of the synthetic fuel or generating
facility is initiated.
(d) Renewal
(1) Any valid permit issued pursuant to this 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 (provided that on application for renewal the burden shall be on the opponents
of renewal), subsequent to fulfillment of the public notice requirements of sections 513
and 514 unless it is established that and written findings by the regulatory authority are
made that –
59

(A) the terms and conditions of the existing permit are not being satisfactorily
met;
(B) the present surface coal mining and reclamation operation is not in
compliance with the environmental protection standards of this Act and the approved
State plan or Federal program pursuant to this Act; or
(C) the renewal requested substantially jeopardizes the operator’s continuing
responsibility on existing permit areas;
(D) the operator has not provided evidence that the performance bond in effect
for said operation will continue in full force and effect for any renewal requested in such
application as well as any additional bond the regulatory authority might require pursuant
to section 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 proposal to extend
the mining operation beyond the boundaries authorized in the existing permit, the portion
of the application for renewal of a valid permit which addresses any new land areas shall
be subject to the full standards applicable to new applications under this Act: Provided,
however, That if the surface coal mining operations authorized 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 proviso of section 510(b)(5), then the portion of
the application for renewal of the permit which addresses any new land areas previously
identified in the reclamation plan submitted pursuant to section 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.
♦

SECTION 507 – APPLICATION REQUIREMENTS
[30 U.S.C. 1257]
(a) Fee
Each application for a surface coal mining and reclamation permit pursuant to an
approved State program or a Federal program under the provisions of this 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 pursuant to a State or Federal program. The regulatory
authority may develop procedures so as to enable the cost of the fee to be paid over the
term of the permit.

60

(b) Submittal; contents
The permit application shall be submitted in a manner satisfactory to the regulatory
authority and shall contain, among other things -(1) the names and addresses of (A) the permit applicant; (B) every legal owner of
record of the property (surface and mineral), to be mined; (C) the holders of record of any
leasehold interest in the property; (D) any purchaser of record of the property under a real
estate contract; and (E) the operator if he is a person different from the applicant; and (F)
if any of these are business entities other than a single proprietor, the names and
addresses of the principals, officers, and resident agent;
(2) the names and addresses of the owners of record of all surface and subsurface
areas adjacent to any part of the permit area;
(3) a statement of any current or previous surface coal mining permits in the
United States held by the applicant and the permit identification and each pending
application;
(4) if the applicant is a partnership, corporation, association, or other business
entity, the following where applicable: the names and addresses of every officer, partner,
director, or person performing a function similar to a director, of the applicant, together
with the name and address of any person owning, of record 10 per centum or more of any
class of voting stock of the applicant and a list of all names under which the applicant,
partner, or principal shareholder previously operated a surface mining operation within
the United States within the five-year period preceding the date of submission of the
application;
(5) a statement of whether the applicant, any subsidiary, affiliate, or persons
controlled by or under common control with the applicant, has ever held a Federal or
State mining permit which in the five-year period prior to the date of submission of the
application has been suspended or revoked or has had a mining bond or similar security
deposited in lieu of bond forfeited 13 and, if so, a brief explanation of the facts involved;
(6) a copy of the applicant’s advertisement to be published in a newspaper of
general circulation in the locality of the proposed site at least once a week for four
successive weeks, and which includes the ownership, a description of the exact location
and boundaries of the proposed site sufficient so that the proposed operation is readily
locatable by local residents, and the location of where the application is available for
public inspection;
(7) a description of the type and method of coal mining operation that exists or is
proposed, the engineering techniques proposed or used, and the equipment used or
proposed to be used;
(8) the anticipated or actual starting and termination dates of each phase of the
mining operation and number of acres of land to be affected;
(9) the applicant shall file with the regulatory authority on an accurate map or
plan, to an appropriate scale, clearly showing the land to be affected as of the date of the
application, the area of land within the permit area upon which the applicant has the legal
right to enter and commence surface mining operations and shall provide to the
13

So in the original. Probably should be "forfeited".
61

regulatory authority a statement of those documents upon which the applicant bases his
legal right to enter and commence surface mining operations on the area affected, and
whether that right is the subject of pending court litigation: Provided, That nothing in this
Act shall be construed as vesting in the regulatory authority the jurisdiction to adjudicate
property title disputes. 14
(10) the name of the watershed and location of the surface stream or tributary into
which surface and pit drainage will be discharged;
(11) a determination of the probable hydrologic consequences of the mining and
reclamation operations, both on and off the mine site, with respect to the hydrologic
regime, quantity and quality of water in surface and ground water systems including the
dissolved and suspended solids under seasonal flow conditions and the collection of
sufficient data for the mine site and surrounding areas so that an assessment can be made
by the regulatory authority of the probable cumulative impacts of all anticipated mining
in the area upon the hydrology of the area and particularly upon water availability:
Provided, however, That this determination shall not be required until such time as
hydrologic information on the general area prior to mining is made available from an
appropriate Federal or State agency: Provided further, That the permit shall not be
approved until such information is available and is incorporated into the application;
(12) when requested by the regulatory authority, the climatological factors that
are peculiar to the locality of the land to be affected, including the average seasonal
precipitation, the average direction and velocity of prevailing winds, and the seasonal
temperature ranges;
(13) accurate maps to an appropriate scale clearly showing (A) the land to be
affected as of the date of application and (B) all types of information set forth on
topographical maps of the United States Geological Survey of a scale of 1:24,000 or
1:25,000 or larger, including all manmade features and significant known archeological
sites existing on the date of application. Such a map or plan shall among other things
specified by the regulatory authority show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all surface areas abutting the
permit area, and the location of all buildings within one thousand feet of the permit area;
(14) cross-section maps or plans of the land to be affected including the actual
area to be mined, prepared by or under the direction of and certified by a qualified
registered professional engineer, or professional geologist with assistance from experts in
related fields such as land surveying and landscape architecture, showing pertinent
elevation and location of test borings or core samplings and depicting the following
information: the nature and depth of the various strata of overburden; the location of
subsurface water, if encountered, and its quality; the nature and thickness of any coal or
rider seam above the coal seam to be mined; the nature of the stratum immediately
beneath the coal seam to be mined; all mineral crop lines and the strike and dip of the
coal to be mined, within the area of land to be affected; existing or previous surface
mining limits; the location and extent of known workings of any underground mines,
including mine openings to the surface; the location of aquifers; the estimated elevation
of the water table; the location of spoil, waste, or refuse areas and top-soil preservation
14

So in the original. The period probably should be a semicolon.
62

areas; the location of all impoundments for waste or erosion control; any settling or water
treatment facility; constructed or natural drainways and the location of any discharges to
any surface body of water on the area of land to be affected or adjacent thereto; and
profiles at appropriate cross sections of the anticipated final surface configuration that
will be achieved pursuant to the operator’s proposed reclamation plan;
(15) a statement of the result of test borings or core samplings from the permit
area, including logs of the drill holes; the thickness of the coal seam found, an analysis of
the chemical properties of such coal; the sulfur content of any coal seam; chemical
analysis of potentially acid or toxic forming sections of the overburden; and chemical
analysis of the stratum lying immediately underneath the coal to be mined except that the
provisions of this paragraph (15) may be waived by the regulatory authority with respect
to the specific application by a written determination that such requirements are
unnecessary;
(16) for those lands in the permit application which a reconnaissance inspection
suggests may be prime farm lands, a soil survey shall be made or obtained according to
standards established by the Secretary of Agriculture in order to confirm the exact
location of such prime farm lands, if any; and
(17) information pertaining to coal seams, test borings, core samplings, or soil
samples as required by this section shall be made available to any person with an interest
which is or may be adversely affected: Provided, That information which pertains only to
the analysis of the chemical and physical properties of the coal (excepting information
regarding such mineral or elemental content which is potentially toxic in the
environment) shall be kept confidential and not made a matter of public record.
(c) Assistance to small coal operators
(1) If the regulatory authority finds that the probable total annual production at all
locations of a coal surface mining operator will not exceed 300,000 tons, the cost of the
following activities, which shall be performed by a qualified public or private laboratory
or such other public or private qualified entity designated by the regulatory authority,
shall be assumed by the regulatory authority upon the written request of the operator in
connection with a permit application:
(A) The determination of probable hydrologic consequences required by
subsection (b)(11), including the engineering analyses and designs necessary for the
determination.
(B) The development of cross-section maps and plans required by subsection
(b)(14).
(C) The geologic drilling and statement of results of test borings and core
samplings required by subsection (b)(15).
(D) The collection of archaeological information required by subsection
(b)(13) and any other archaeological and historical information required by the regulatory
authority, and the preparation of plans necessitated thereby.
(E) Pre-blast surveys required by section 515(b)(15)(E).

63

(F) The collection of site-specific resource information and production of
protection and enhancement plans for fish and wildlife habitats and other environmental
values required by the regulatory authority under this Act.
(2) The Secretary shall provide or assume the cost of training coal
operators that meet the qualifications stated in paragraph (1) concerning the preparation
of permit applications and compliance with the regulatory program, and shall ensure that
qualified coal operators are aware of the assistance available under this subsection.
(d) Reclamation plan
Each applicant for a permit shall be required to submit to the regulatory authority as part
of the permit application a reclamation plan which shall meet the requirements of this
Act.
(e) Public inspection
Each applicant for a surface coal mining and reclamation permit shall file a copy of his
application for public inspection with the recorder at the courthouse of the county or an
appropriate public office approved by the regulatory authority where the mining is
proposed to occur, except for that information pertaining to the coal seam itself.
(f) Insurance certificate
Each applicant for a permit shall be required to submit to the regulatory authority as part
of the permit application a certificate issued by an insurance company authorized to do
business in the United States certifying that the applicant has a public liability insurance
policy in force for the surface mining and reclamation operations for which such permit is
sought, or evidence that the applicant has satisfied other State or Federal self-insurance
requirements. Such policy shall provide for personal injury and property damage
protection in an amount adequate to compensate any persons damaged as a result of
surface coal mining and reclamation operations including use of explosives and entitled
to compensation under the applicable provisions of State law. Such policy shall be
maintained in full force and effect during the terms of the permit or any renewal,
including the length of all reclamation operations.
(g) Blasting plan
Each applicant for a surface coal mining and reclamation permit shall submit to the
regulatory authority as part of the permit application a blasting plan which shall outline
the procedures and standards by which the operator will meet the provisions of section
515(b)(15).
(h) Reimbursement of costs
A coal operator that has received assistance pursuant to subsection (c) (1) or (2) shall
64

reimburse the regulatory authority for the cost of the services rendered if the program
administrator finds that the operator’s actual and attributed annual production of coal for
all locations exceeds 300,000 tons during the 12 months immediately following the date
on which the operator is issued the surface coal mining and reclamation permit.
♦

SECTION 508 – RECLAMATION PLAN REQUIREMENTS
[30 U.S.C. 1258]
(a) Each reclamation plan submitted as part of a permit application pursuant to any
approved State program or a Federal program under the provisions of this 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 support a variety of uses
giving consideration to soil and foundation characteristics, topography, and vegetative
cover, and, if applicable, a soil survey prepared pursuant to section 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 which is proposed to be made of the land following reclamation,
including a discussion of the utility and capacity of the reclaimed land to support a
variety of alternative uses and the relationship of such use to existing land use policies
and plans, and the comments of any owner of the surface, State and local governments or
agencies thereof which would have to initiate, implement, approve or authorize the
proposed use of the land following reclamation;
(4) a detailed description of how the proposed postmining land use is to be
achieved and the necessary support activities which may be needed to achieve the
proposed land use;
(5) the engineering techniques proposed to be used in mining and reclamation and
a description of the major equipment; a plan for the control of surface water drainage and
of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and
compacting, grading, and appropriate revegetation; a plan for soil reconstruction,
replacement, and stabilization, pursuant to the performance standards in section
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 reclamation, including a
65

statement as to how the permittee plans to 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 surface mining and
reclamation operations consistent with surface owner plans, and applicable State and
local land use plans and programs;
(9) the steps to be taken to comply with applicable air and water quality laws and
regulations and any applicable health and safety standards;
(10) the consideration which has been given to developing the reclamation plan in
a manner consistent with local physical environmental, and climatological conditions;
(11) all lands, interests in lands, or options on such interests held by the applicant
or pending bids on interests in lands by the applicant, which lands are contiguous to the
area to be covered by the permit;
(12) the results of test boring which the applicant has made at the area to be
covered by the permit, or other equivalent information and data in a form satisfactory to
the regulatory authority, including the location of subsurface water, and an analysis of the
chemical properties including acid forming properties of the mineral and overburden:
Provided, That information which pertains only to the analysis of the chemical and
physical properties of the coal (excepting information regarding such mineral or
elemental contents which is potentially toxic in the environment) shall be kept
confidential and not made a matter of public record;
(13) a detailed description of the measures to be taken during the mining and
reclamation process to assure the protection of:
(A) the quality of surface and ground water systems, both on- and off-site,
from adverse effects of the mining and reclamation process;
(B) the rights of present users to such water; and
(C) the quantity of surface and ground water systems, both on- and off-site,
from adverse effects of the mining and reclamation process or to provide alternative
sources of water where such protection of quantity cannot be assured;
(14) such other requirements as the regulatory authority shall prescribe by
regulations.
(b) Any information required by this section which is not on public file pursuant to
State law shall be held in confidence by the regulatory authority.
♦

66

SECTION 509 – PERFORMANCE BONDS
[30 U.S.C. 1259]
(a) Filing with regulatory authority; scope; number and amount
After a surface coal mining and reclamation permit application has been approved but
before such a permit is issued, the applicant shall file with the regulatory authority, on a
form prescribed and furnished by the regulatory authority, a bond for performance
payable, as appropriate, to the United States or to the State, and conditional upon faithful
performance of all the requirements of this Act and the permit. The bond shall cover that
area of land within the permit area upon which the operator will initiate and conduct
surface coal mining and reclamation operations within the initial term of the permit. As
succeeding increments of surface coal mining and reclamation operations are to be
initiated and conducted within the permit area, the permittee shall file with the regulatory
authority an additional bond or bonds to cover such increments in accordance with this
section. The amount of the bond required for each bonded area shall depend upon the
reclamation requirements of the approved permit; shall reflect the probable difficulty of
reclamation giving consideration to such factors as topography, geology of the site,
hydrology, and revegetation potential, and shall be determined by the regulatory
authority. The amount of the bond shall be sufficient to assure the completion of the
reclamation plan if the work had to be performed by the regulatory authority in the event
of forfeiture and in no case shall the bond for the entire area under one permit be less than
$10,000.
(b) Liability period; execution
Liability under the bond shall be for the duration of the surface coal mining and
reclamation operation and for a period coincident with operator’s responsibility for
revegetation requirements in section 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 United States
Government or such State, or negotiable certificates of deposit of any bank organized or
transacting business in the United States. The cash deposit or market value of such
securities shall be equal to or greater than the amount of the bond required for the bonded
area.
(c) Bond of applicant without separate surety; alternative system
The regulatory authority may accept the bond of the applicant itself without separate
surety when the applicant demonstrates to the satisfaction of the regulatory authority the
existence of a suitable agent to receive service of process and a history of financial
solvency and continuous operation sufficient for authorization to self-insure or bond such
amount or in lieu of the establishment of a bonding program, as set forth in this section,
the Secretary may approve as part of a State or Federal program an alternative system
67

that will achieve the objectives and purposes of the bonding program pursuant to this
section.
(d) Deposit of cash or securities
Cash or securities so deposited shall be deposited upon the same terms as the terms upon
which surety bonds may be deposited. Such securities shall be security for the repayment
of such negotiable certificate of deposit.
(e) Adjustments
The amount of the bond or deposit required and the terms of each acceptance of the
applicant’s bond shall be adjusted by the regulatory authority from time to time as
affected land acreages are increased or decreased or where the cost of future reclamation
changes.
♦

SECTION 510 – PERMIT APPROVAL OR DENIAL
[30 U.S.C. 1260]
(a) Basis for decision; notification of applicant and local government officials;
burden of proof
Upon the basis of a complete mining application and reclamation plan or a revision or
renewal thereof, as required by this 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 regulatory authority shall
grant, require modification of, or deny the application for a permit in a reasonable time
set by the regulatory authority and notify the applicant in writing. The applicant for a
permit, or revision of a permit, shall have the burden of establishing that his application is
in compliance with all the requirements of the applicable State or Federal program.
Within ten days after the granting of a permit, the regulatory authority shall notify the
local governmental officials in the local political subdivision in which the area of land to
be affected is located that a permit has been issued and shall describe the location of the
land.
(b) Requirements for approval
No permit or revision application shall be approved unless the application affirmatively
demonstrates and the regulatory authority finds in writing on the basis of the information
set forth in the application or from information otherwise available which will be
documented in the approval, and made available to the applicant, that -68

(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
material damage to hydrologic balance outside permit area;
(4) the area proposed to be mined is not included within an area designated
unsuitable for surface coal mining pursuant to section 522 of this Act or is not within an
area under study for 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 commenced pursuant to section 522(a)(4)(D) of this Act,
the operator making the permit application demonstrates that, prior to January 1, 1977, he
has made substantial legal and financial commitments in relation to the operation for
which he is applying for a permit);
(5) the proposed surface coal mining operation, if located west of the one
hundredth meridian west longitude, would -(A) not interrupt, discontinue, or preclude farming on alluvial valley floors
that are irrigated or naturally subirrigated, but, excluding undeveloped range lands which
are not significant to farming on said alluvial valley floors and those lands as to which the
regulatory authority finds that if the farming that will be interrupted, discontinued, or
precluded is of such small acreage as to be of negligible impact on the farm’s agricultural
production, or
(B) not materially damage the quantity or quality of water in surface or
underground water systems that supply these valley floors in (A) of subsection (b)(5):
Provided, That this paragraph (5) shall not affect those surface coal mining
operations which in the year preceding August 3, 1977, (I) produced coal in commercial
quantities, and were located within or adjacent to alluvial valley floors or (II) had
obtained specific permit approval by the State regulatory authority to conduct surface
coal mining operations within said alluvial valley floors.
With respect to such surface mining operations which would have been within the
purview of the foregoing proviso but for the fact that no coal was so produced in
commercial quantities and no such specific permit approval was so received, the
Secretary, if he determines that substantial financial and legal commitments were made
by an operator prior to January 1, 1977, in connection with any such operation, is
authorized, in accordance with such regulations as the Secretary may prescribe, to enter
into an agreement with that operator pursuant to which the Secretary may,
notwithstanding any other provision of law, lease other Federal coal deposits to such
operator in exchange for the relinquishment by such operator of his Federal lease
covering coal deposits involving such mining operations, or pursuant to section 206 of
Federal Land Policy and Management Act of 1976 [43 USC § 1716], convey to the fee
holder of any such coal deposits involving such mining operations the fee title to other
available Federal coal deposits in exchange for the fee title to such deposits so involving
69

such mining operations. It is the policy of the Congress that the Secretary shall develop
and carry out a coal exchange program to acquire private fee coal precluded from being
mined by the restrictions of this paragraph (5) in exchange for Federal coal which is not
so precluded. Such exchanges shall be made under section 206 of the Federal Land
Policy and Management Act of 1976 [43 USC § 1716];
(6) in cases where the private mineral estate has been severed from the private
surface estate, the applicant has submitted to the regulatory authority -(A) the written consent of the surface owner to the extraction of coal by
surface mining methods; or
(B) a conveyance that expressly grants or reserves the right to extract the coal
by surface mining methods; or
(C) if the conveyance does not expressly grant the right to extract coal by
surface mining methods, the surface-subsurface legal relationship shall be determined in
accordance with State law: Provided, That nothing in this Act shall be construed to
authorize the regulatory authority to adjudicate property rights disputes.
(c) Schedule of violations
The applicant shall file with his permit application a schedule listing any and all notices
of violations of this 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 application. The schedule shall also
indicate the final resolution of any such notice of violation. Where the schedule or other
information available to the regulatory authority indicates that any surface coal mining
operation owned or controlled by the applicant is currently in violation of this Act or such
other laws referred to [in] 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 environment as to indicate an
intent not to comply with the provisions of this Act.
(d) Prime farmland mining permit
(1) In addition to finding the application in compliance with subsection (b) of this
section, if the area proposed to be mined contains prime farmland pursuant to Section
507(b)(16), the regulatory authority shall, after consultation with the Secretary of
Agriculture, and pursuant to regulations issued hereunder by the Secretary of [the]
Interior with the concurrence of the Secretary of Agriculture, grant a permit to mine on
prime farmland if the regulatory authority finds in writing that the operator has the
technological capability to restore such mined area, within a reasonable time, to
70

equivalent or higher levels of yield as non-mined prime farmland in the surrounding area
under equivalent levels of management and can meet the soil reconstruction standards in
Section 515(b)(7). Except for compliance with subsection (b), the requirements of this
paragraph (1) shall apply to all permits issued after August 3, 1977.
(2) Nothing in this subsection shall apply to any permit issued prior to August 3,
1977, or to any revisions or renewals thereof, or to any existing surface mining operations
for which a permit was issued prior to August 3, 1977.
(e) Modification of prohibition
After October 24, 1992, the prohibition of subsection (c) shall not apply to a permit
application due to any violation resulting from an unanticipated event or condition at a
surface coal mining operation on lands eligible for remining under a permit held by the
person making such application. As used in this subsection, the term “violation” has the
same meaning as such term has under subsection (c).
♦

SECTION 511 – REVISION OF PERMITS
[30 U.S.C. 1261]
(a) Application and revised reclamation plan; requirements; extensions to area
covered
(1) During the term of the permit the permittee may submit an application for a
revision of the permit, together with a revised reclamation plan, to the regulatory
authority.
(2) An application for a revision of a permit shall not be approved unless the
regulatory authority finds that reclamation as required by this Act and the State or Federal
program can be accomplished under the revised reclamation plan. The revision shall be
approved or disapproved within a period of time established by the State or Federal
program. The regulatory authority shall establish guidelines for a determination of the
scale or extent of a revision request for which all permit application information
requirements and procedures, including notice and hearings, shall apply: Provided, That
any revisions which propose significant alterations in the reclamation plan shall, at a
minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidental boundary
revisions must be made by application for another permit.
(b) Transfer, assignment, or sale of rights under permit
No transfer, assignment, or sale of the rights granted under any permit issued pursuant to
this Act shall be made without the written approval of the regulatory authority.

71

(c) Review of outstanding permits
The regulatory authority shall within a time limit prescribed in regulations promulgated
by the regulatory authority, review outstanding permits and may require reasonable
revision or modification of the permit provisions during the term of such permit:
Provided, That such revision or modification shall be based upon a written finding and
subject to notice and hearing requirements established by the State or Federal program.
♦

SECTION 512 – COAL EXPLORATION PERMITS
[30 U.S.C. 1262]
(a) Regulations; contents
Each State or Federal program shall include a requirement that coal exploration
operations which substantially disturb the natural land surface be conducted in
accordance with exploration regulations issued by the regulatory authority. Such
regulations shall include, at a minimum (1) the requirement that prior to conducting any
exploration under this section, any person must file with the regulatory authority notice of
intention to explore and such notice shall include a description of the exploration area and
the period of supposed exploration and (2) provisions for reclamation in accordance with
the performance standards in section 515 of this Act of all lands disturbed in exploration,
including excavations, roads, drill holes, and the removal of necessary facilities and
equipment.
(b) Confidential information
Information submitted to the regulatory authority pursuant to this subsection as
confidential concerning trade secrets or privileged commercial or financial information
which relates to the competitive rights of the person or entity intended to explore the
described area shall not be available for public examination.
(c) Penalties
Any person who conducts any coal exploration activities which substantially disturb the
natural land surface in violation of this section or regulations issued pursuant thereto shall
be subject to the provisions of section 518.
(d) Limitation on removal of coal
No operator shall remove more than two hundred and fifty tons of coal pursuant to an
exploration permit without the specific written approval of the regulatory authority.

72

(e) Law governing exploration of Federal lands
Coal exploration on Federal lands shall be governed by section 4 of the Federal Coal
Leasing Amendments Act of 1975 (90 Stat. 1085).
♦

SECTION 513 – PUBLIC NOTICE AND PUBLIC HEARINGS
[30 U.S.C. 1263]
(a) Submittal of advertisement to regulatory authority; notification of local
governmental bodies
At the time of submission of an application for a surface coal mining and reclamation
permit, or revision of an existing permit, pursuant to the provisions of this 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 advertisement shall be placed by the applicant in
a local newspaper of general circulation in the locality of the proposed surface mine at
least once a week for four consecutive weeks. The regulatory authority shall notify
various local governmental bodies, planning agencies, and sewage and water treatment
authorities, of 15 water companies in the locality in which the proposed surface mining
will take place, notifying them of the operator’s intention to surface mine a particularly
described tract of land and indicating the application’s permit number and where a copy
of the proposed mining and reclamation plan may be inspected. These local bodies,
agencies, authorities, or companies may submit written comments within a reasonable
period established by the regulatory authority on the mining applications with respect to
the effect of the proposed operation on the environment which are within their area of
responsibility. Such comments shall immediately be transmitted to the applicant by the
regulatory authority and shall be made available to the public at the same locations as are
the mining applications.

(b) Objections to permit applications; informal conference; record
Any person having an interest which is or may be adversely affected or the officer or
head of any Federal, State, or local governmental agency or authority shall have the right
to file written objections to the proposed initial or revised application for a permit for
surface coal mining and reclamation operation with the regulatory authority within thirty
days after the last publication of the above notice. Such objections shall immediately be
transmitted to the applicant by the regulatory authority and shall be made available to the
public. If written objections are filed and an informal conference requested, the
15

So in the original. Probably should be "or".
73

regulatory authority shall then hold an informal conference in the locality of the proposed
mining, if requested within a reasonable time of the receipt of such objections or request.
The date, time and location of such informal conference shall be advertised by the
regulatory authority in a newspaper of general circulation in the locality at least two
weeks prior to the scheduled conference date. The regulatory authority may arrange with
the applicant upon request by any party to the administrative proceeding access to the
proposed mining area for the purpose of gathering information relevant to the proceeding.
An electronic or stenographic record shall be made of the conference proceeding, unless
waived by all parties. Such record shall be maintained and shall be accessible to the
parties until final release of the applicant’s performance bond. In the event all parties
requesting the informal conference stipulate agreement prior to the requested informal
conference and withdraw their request, such informal conference need not be held.
(c) Prior Federal coal lease hearing as evidence
Where the lands included in an application for a permit are the subject of a Federal coal
lease in connection with which hearings were held and determinations were made under
sections 2(a)(3)(A), (B) and (C) of the Mineral Lands Leasing Act, as amended (30
U.S.C. 201(a)(3)(A), (B) and (C)), such hearings shall be deemed as to the matters
covered to satisfy the requirements of this section and section 514 and such
determinations shall be deemed to be a part of the record and conclusive for purposes of
sections 510, 514 and this section.
♦

SECTION 514 – DECISIONS OF REGULATORY AUTHORITY
AND APPEALS
[30 U.S.C. 1264]
(a) Issuance of findings within 60 days after informal conference
If an informal conference has been held pursuant to section 513(b), the regulatory
authority shall issue and furnish the applicant for a permit and persons who are parties to
the administrative proceedings with the written finding of the regulatory authority,
granting or denying the permit in whole or in part and stating the reasons therefor, within
the sixty days of said hearings.
(b) Decision without informal conference; notification within a reasonable time
If there has been no informal conference held pursuant to section 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 application has been filed, whether the application has
been approved or disapproved in whole or part.
74

(c) Request for rehearing on reasons for final determination; time; issuance of
decision
If the application is approved, the permit shall be issued. If the application is
disapproved, specific reasons therefor must be set forth in the notification. Within thirty
days after the applicant is notified of the final decision of the regulatory authority on the
permit application, the applicant or any person with an interest which is or may be
adversely affected may request a hearing on the reasons for the final determination. The
regulatory authority shall hold a hearing within thirty days of such request and provide
notification to all interested parties at the time that the applicant is so notified. If the
Secretary is the regulatory authority the hearing shall be of record and governed by 5
U.S.C. Section 554. Where the regulatory authority is the State, such hearing shall be of
record, adjudicatory in nature and no person who presided at a conference under section
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 applicant, and all persons who participated in the
hearing, with the written decision of the regulatory authority granting or denying the
permit in whole or in part and stating the reasons therefor.
(d) Temporary relief
Where a hearing is requested pursuant to subsection (c), the Secretary, where the
Secretary is the regulatory authority, or the State hearing authority may, under such
conditions as it may prescribe, grant such temporary relief as it deems appropriate
pending final determination of the proceedings if -(1) all parties to the proceedings have been notified and given an opportunity to
be heard on a request for temporary relief;
(2) the person requesting such relief shows that there is a substantial likelihood
that he will prevail on the merits of the final determination of the proceeding; and
(3) such relief will not adversely affect the public health or safety or cause
significant imminent environmental harm to land, air, or water resources.
(e) Power of regulatory authority with respect to rehearing
For the purpose of such hearing, the regulatory authority may administer oaths, subpoena
witnesses, or written or printed materials, compel attendance of the 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) Right to appeal in accordance with 30 U.S.C. 1276.
Any applicant or any person with an interest which is or may be adversely affected who
75

has participated in the administrative proceedings as an objector, and who is aggrieved by
the decision of the regulatory authority, or if the regulatory authority fails to act within
the time limits specified in this Act shall have the right to appeal in accordance with
section 526.
♦

SECTION 515 – ENVIRONMENTAL PROTECTION PERFORMANCE
STANDARDS
[30 U.S.C. 1265]
(a) Permit requirement
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 standards
General performance standards shall be applicable to all surface coal mining and
reclamation operations and shall require the operation as a minimum to -(1) conduct surface coal mining operations so as to maximize the utilization and
conservation of the solid fuel resource being recovered so that reaffecting the land in the
future through surface coal mining can be minimized;
(2) restore the land affected to a condition capable of supporting the uses which it
was capable of supporting prior to any mining, or higher or better uses of which there is
reasonable likelihood, so long as such use or uses do not present any actual or probable
hazard to public health or safety or pose any actual or probable threat of water diminution
or pollution, and the permit applicants’ declared proposed land use following reclamation
is not deemed to be impractical or unreasonable, inconsistent with applicable land use
policies and plans, involves unreasonable delay in implementation, or is violative of
Federal, State, or local law;
(3) except as provided in subsection (c) 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 of the coal deposits relative to the volume of the
overburden is large and where the operator demonstrates that the overburden and other
spoil and waste materials at a particular point in the permit area or otherwise available
from the entire permit area is insufficient, giving due consideration to volumetric
expansion, to restore the approximate original contour, the operator, at a minimum, shall
76

backfill, grade, and compact (where advisable) using all available overburden and other
spoil and waste materials to attain the lowest practicable grade but not more than the
angle of repose, to provide adequate drainage and to cover all acid-forming and other
toxic materials, in order to achieve an ecologically sound land use compatible with the
surrounding region: And provided further, That in surface coal mining where the volume
of overburden is large relative to the thickness of the coal deposit and where the operator
demonstrates that due to volumetric expansion the amount of overburden and other spoil
and waste materials removed in the course of the mining operation is more than sufficient
to restore the approximate original contour, the operator shall after restoring the
approximate contour, backfill, grade, and compact (where advisable) the excess
overburden and other spoil and waste materials to attain the lowest grade but not more
than the angle of repose, and to cover all acid-forming and other toxic materials, in order
to achieve an ecologically sound land use compatible with the surrounding region and
that such overburden or spoil shall be shaped and graded in such a way as to prevent
slides, erosion, and water pollution and is revegetated in accordance with the
requirements of this 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 contamination by other acid or toxic material, and is in a usable condition for
sustaining vegetation when restored during reclamation, except if topsoil is of insufficient
quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be
mere 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) to be mined and
reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall
be established by the Secretary of Agriculture, and the operator shall, as a minimum, be
required to -(A) segregate the A horizon of the natural soil, except where it can be shown
that other available soil materials will create a final soil having a greater productive
capacity; and if not utilized immediately, stockpile this material separately from other
spoil, and provide needed protection from wind and water erosion or contamination by
other acid or toxic material;
(B) segregate the B horizon of the natural soil, or underlying C horizons or
other strata, or a combination of such horizons or other strata that are shown to be both
texturally and chemically suitable for plant growth and that can be shown to be equally or
more favorable for plant growth than the B horizon, in sufficient quantities to create in
the regraded final soil a root zone of comparable depth and quality to that which existed
77

in the natural soil; and if not utilized immediately, stockpile this material separately from
other spoil, and provide needed protection from wind and water erosion or contamination
by other acid or toxic material;
(C) replace and regrade the root zone material described in (B) above with
proper compaction and uniform depth over the regraded spoil material; and
(D) redistribute and grade in a uniform manner the surface soil horizon
described in subparagraph (A);
(8) create, if authorized in the approved mining and reclamation plan and permit,
permanent impoundments of water on mining sites as part of reclamation activities only
when it is adequately demonstrated that -(A) the size of the impoundment is adequate for its intended purposes;
(B) the impoundment dam construction will be so designed as to achieve
necessary stability with an adequate margin of safety compatible with that of structures
constructed under Public Law 83-566 (16 U.S.C. 1006);
(C) the quality of impounded water will be suitable on a permanent basis for
its intended use and that discharges from the impoundment will not degrade the water
quality below water quality standards established pursuant to applicable Federal and State
law in the receiving stream;
(D) the level of water will be reasonably stable;
(E) final grading will provide adequate safety and access for proposed water
users; and
(F) such water impoundments will not result in the diminution of the quality
or quantity of water utilized by adjacent or surrounding landowners for agricultural,
industrial 16 recreational, or domestic uses;
(9) conducting 17 any augering operation associated with surface mining in a
manner to maximize recoverability of mineral reserves remaining after the operation and
reclamation are complete; and seal all auger holes with an impervious and
noncombustible material in order to prevent drainage except where the regulatory
authority determines that the resulting impoundment of water in such auger holes may
create a hazard to the environment or the public health or safety: Provided, That the
permitting authority may prohibit augering if necessary to maximize the utilization,
recoverability or conservation of the solid fuel resources or to protect against adverse
water quality impacts;
(10) minimize the disturbances to the prevailing hydrologic balance at the minesite and in associated offsite areas and to the quality and quantity of water in surface and
ground water systems both during and after surface coal mining operations and during
reclamation by -(A) avoiding acid or other toxic mine drainage by such measures as, but not
limited to -(i) preventing or removing water from contact with toxic producing
deposits;

16
17

So in the original. Probably should be followed by a comma.
Probably should be "conduct".
78

(ii) treating drainage to reduce toxic content which adversely affects
downstream water upon being released to water courses;
(iii) casing, sealing, or otherwise managing boreholes, shafts, and wells
and keep 18 acid or other toxic drainage from entering ground and surface waters;
(B) (i) conducting surface coal mining operations so as to prevent, to the
extent possible using the best technology currently available, additional contributions of
suspended solids to streamflow, or runoff outside the permit area, but in no event shall
contributions be in excess of requirements set by applicable State or Federal law;
(ii) constructing any siltation structures pursuant to subparagraph (B)(i) of
this subsection prior to commencement of surface coal mining operations, such structures
to be certified by a qualified registered engineer or a qualified registered professional
land surveyor in any State which authorizes land surveyors to prepare and certify such
maps or plans to be constructed as designed and as approved in the reclamation plan;
(C) cleaning out and removing temporary or large settling ponds or other
siltation structures from drainways after disturbed areas are revegetated and stabilized;
and depositing the silt and debris at a site and in a manner approved by the regulatory
authority;
(D) restoring recharge capacity of the mined area to approximate premining
conditions;
(E) avoiding channel deepening or enlargement in operations requiring the
discharge of water from mines;
(F) preserving throughout the mining and reclamation process the essential
hydrologic functions of alluvial valley floors in the arid and semiarid areas of the
country; and
(G) such other actions as the regulatory authority may prescribe;
(11) with respect to surface disposal of mine wastes, tailings, coal processing
wastes, and other wastes in areas other than the mine working or excavations, stabilize all
waste piles in designated areas through construction in compacted layers including the
use of incombustible and impervious materials if necessary and assure the final contour
of the waste pile will be compatible with natural surroundings and that the site can and
will be stabilized and revegetated according to the provisions of this 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 underground mine or closer to an active
underground mine if (A) the nature, timing, and sequencing of the approximate
coincidence of specific surface mine activities with specific underground mine activities
are jointly approved by the regulatory authorities concerned with surface mine regulation
and the health and safety of underground miners, and (B) such operations will result in
improved resource recovery, abatement of water pollution, or elimination of hazards to
the health and safety of the public;
(13) design, locate, construct, operate, maintain, enlarge, modify, and remove or
abandon, in accordance with the standards and criteria developed pursuant to subsection
18

Probably should be "keeping".
79

(f) of this section, all existing and new coal mine waste piles consisting of mine wastes,
tailings, coal processing wastes, or other liquid and solid wastes, and used either
temporarily or permanently as dams or embankments;
(14) insure that all debris, acid-forming materials, toxic materials, or materials
constituting a fire hazard are treated or buried and compacted or otherwise disposed of in
a manner designed to prevent contamination of ground or surface waters and that
contingency plans are developed to prevent sustained combustion;
(15) insure that explosives are used only in accordance with existing State and
Federal law and the regulations promulgated by the regulatory authority, which shall
include provisions to -(A) provide adequate advance written notice to local governments and
residents who might be affected by the use of such explosives by publication of the
planned blasting schedule in a newspaper of general circulation in the locality and by
mailing a copy of the proposed blasting schedule to every resident living within one-half
mile of the proposed blasting site and by providing daily notice to resident/occupiers in
such areas prior to any blasting;
(B) maintain for a period of at least three years and make available for public
inspection upon request a log detailing the location of the blasts, the pattern and depth of
the drill holes, the amount of explosives used per hole, and the order and length of delay
in the blasts;
(C) limit the type of explosives and detonating equipment, the size, the timing
and frequency of blasts based upon the physical conditions of the site so as to prevent (i)
injury to persons, (ii) damage to public and private property outside the permit area, (iii)
adverse impacts on any underground mine, and (iv) change in the course, channel, or
availability of ground or surface water outside the permit area;
(D) require that all blasting operations be conducted by trained and competent
persons as certified by the regulatory authority;
(E) provide that upon the request of a resident or owner of a man-made
dwelling or structure within one-half mile of any portion of the permitted area the
applicant or permittee shall conduct a pre-blasting survey of such structures and submit
the survey to the regulatory authority and a copy to the resident or owner making the
request. The area of the survey shall be decided by the regulatory authority and shall
include such provisions as the Secretary shall promulgate.
(16) insure that all reclamation efforts proceed in an environmentally sound
manner and as contemporaneously as practicable with the surface coal mining operations:
Provided, however, That where the applicant proposes to combine surface mining
operations with underground mining operations to assure maximum practical recovery of
the mineral resources, the regulatory authority may grant a variance for specific areas
within the reclamation plan from the requirement that reclamation efforts proceed as
contemporaneously as practicable to permit underground mining operations prior to
reclamation:
(A) if the regulatory authority finds in writing that:
(i) the applicant has presented, as part of the permit application, specific,
feasible plans for the proposed underground mining operations;
80

(ii) the proposed underground mining operations are necessary or desirable
to assure maximum practical recovery of the mineral resource and will avoid multiple
disturbance of the surface;
(iii) the applicant has satisfactorily demonstrated that the plan for the
underground mining operations conforms to requirements for underground mining in the
jurisdiction and that permits necessary for the underground mining operations have been
issued by the appropriate authority;
(iv) the areas proposed for the variance have been shown by the applicant
to be necessary for the implementing of the proposed underground mining operations;
(v) no substantial adverse environmental damage, either on-site or off-site,
will result from the delay in completion of reclamation as required by this Act;
(vi) provisions for the off-site storage of spoil will comply with section
515(b)(22);
(B) if the Secretary has promulgated specific regulations to govern the
granting of such variances in accordance with the provisions of this subsection and
section 501, and has imposed such additional requirements as he deems necessary;
(C) if variances granted under the provisions of this subsection are to be
reviewed by the regulatory authority not more than three years from the date of issuance
of the permit; and
(D) if liability under the bond filed by the applicant with the regulatory
authority pursuant to section 509(b) shall be for the duration of the underground mining
operations and until the requirements of sections 515(b) and 519 have been fully
complied with; 19
(17) insure that the construction, maintenance, and postmining conditions of
access roads into and across the site of operations will control or prevent erosion and
siltation, pollution of water, damage to fish or wildlife or their habitat, or public or
private property;
(18) refrain from the construction of roads or other access ways up a stream bed
or drainage channel or in such proximity to such channel so as to seriously alter the
normal flow of water;
(19) establish on the regraded areas, and all other lands affected, a diverse,
effective, and permanent vegetative cover of the same seasonal variety native to the area
of land to be affected and capable of self-regeneration and plant succession at least equal
in extent of cover to the natural vegetation of the area; except, that introduced species
may be used in the revegetation process where desirable and necessary to achieve the
approved postmining land use plan;
(20)(A) assume the responsibility for successful revegetation, as required by
paragraph (19) above, for a period of five full years after the last year of augmented
seeding, fertilizing, irrigation, or other work in order to assure compliance with paragraph
(19) above, except in those areas or regions of the country where the annual average
precipitation is twenty-six inches or less, then the operator’s assumption of responsibility
and liability will extend for a period of ten full years after the last year of augmented
seeding, fertilizing, irrigation, or other work: Provided, That when the regulatory
19

So in the original. The period probably be a semicolon.
81

authority approves a long-term intensive agricultural postmining land use, the applicable
five- or ten-year period of responsibility for revegetation shall commence at the date of
initial planting for such long-term intensive agricultural postmining land use: Provided
further, That when the regulatory authority issues a written finding approving a longterm, intensive, agricultural postmining land use as part of the mining and reclamation
plan, the authority may grant exception to the provisions of paragraph (19) above;
(B) on lands eligible for remining assume the responsibility for successful
revegetation for a period of two full years after the last year of augmented seeding,
fertilizing, irrigation, or other work in order to assure compliance with the applicable
standards, except in those areas or regions of the country where the annual average
precipitation is twenty-six inches or less, then the operator’s assumption of responsibility
and liability will be extended for a period of five full years after the last year of
augmented seeding, fertilizing, irrigation, or other work in order to assure compliance
with the applicable standards; 20
(21) protect offsite areas from slides or damage occurring during the surface coal
mining and reclamation operations, and not deposit spoil material or locate any part of
the operations or waste accumulations outside the permit area;
(22) place all excess spoil material resulting from coal surface mining and
reclamation activities in such a manner that -(A) spoil is transported and placed in a controlled manner in position for
concurrent compaction and in such a way to assure mass stability and to prevent mass
movement;
(B) the areas of disposal are within the bonded permit areas and all organic
matter shall be removed immediately prior to spoil placement;
(C) appropriate surface and internal drainage systems and diversion ditches
are used so as to prevent spoil erosion and movement;
(D) the disposal area does not contain springs, natural water courses or wet
weather seeps unless lateral drains are constructed from the wet areas to the main
underdrains in such a manner that filtration of the water into the spoil pile will be
prevented;
(E) if placed on a slope, the spoil is placed upon the most moderate slope
among those upon which, in the judgment of the regulatory authority, the spoil could be
placed in compliance with all the requirements of this Act, and shall be placed, where
possible, upon, or above, a natural terrace, bench, or berm, if such placement provides
additional stability and prevents mass movement;
(F) where the toe of the spoil rests on a downslope, a rock toe buttress, of
sufficient size to prevent mass movement, is constructed;
(G) the final configuration is compatible with the natural drainage pattern and
surroundings and suitable for intended uses;
(H) design of the spoil disposal area is certified by a qualified registered
professional engineer in conformance with professional standards; and
(I) all other provisions of this Act are met. 21
20
21

So in the original. The period probably should be a semicolon.
So in the original. The period probably should be a semicolon.
82

(23) meet such other criteria as are necessary to achieve reclamation in
accordance with the purposes of this Act, taking into consideration the physical,
climatological, and other characteristics 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;
[and]
(25) provide for an undisturbed natural barrier beginning at the elevation of the
lowest coal seam to be mined and extending from the outslope for such distance as the
regulatory authority shall determine shall be retained in place as a barrier to slides and
erosion.
(c) Procedures; exception to original contour restoration requirements
(1) Each State program may and each Federal program shall include procedures
pursuant to which the regulatory authority may permit surface mining operations for the
purposes set forth in paragraph (3) of this subsection.
(2) Where an applicant meets the requirements of paragraphs (3) and (4) of this
subsection a permit without regard to the requirement to restore to approximate original
contour set forth in subsection 515(b)(3) or 515(d)(2) and (3) of this section may be
granted for the surface mining of coal where the mining operation will remove an entire
coal seam or seams running through the upper fraction of a mountain, ridge, or hill
(except as provided in subsection (c)(4)(A) hereof) by removing all of the overburden
and creating a level plateau or a gently rolling contour with no highwalls remaining, and
capable of supporting postmining uses in accord with the requirements of this subsection.
(3) In cases where an industrial, commercial, agricultural, residential or public
facility (including recreational facilities) use is proposed [f]or the postmining use of the
affected land, the regulatory authority may grant a permit for a surface mining operation
of the nature described in subsection (c)(2) where -(A) after consultation with the appropriate land use planning agencies, if any,
the proposed postmining land use is deemed to constitute an equal or better economic or
public use of the affected land, as compared with premining use;
(B) the applicant presents specific plans for the proposed postmining land use
and appropriate assurances that such use will be –
(i) compatible with adjacent land uses;
(ii) obtainable according to data regarding expected need and market;
(iii) assured of investment in necessary public facilities;
(iv) supported by commitments from public agencies where appropriate;
(v) practicable with respect to private financial capability for completion
of the proposed use;
(vi) planned pursuant to a schedule attached to the reclamation plan so as
to integrate the mining operation and reclamation with the postmining land use; and
(vii) designed by a registered engineer in conformance with professional
standards established to assure the stability, drainage, and configuration necessary for the
intended use of the site;
83

(C) the proposed use would be consistent with adjacent land uses, and existing
State and local land use plans and programs;
(D) the regulatory authority provides the governing body of the unit of
general-purpose government in which the land is located and any State or Federal agency
which the regulatory agency, in its discretion, determines to have an interest in the
proposed use, an opportunity of not more than sixty days to review and comment on the
proposed use;
(E) all other requirements of this Act will be met.
(4) In granting any permit pursuant to this subsection the regulatory authority
shall require that -(A) the toe of the lowest coal seam and the overburden associated with it are
retained in place as a barrier to slides and erosion;
(B) the reclaimed area is stable;
(C) the resulting plateau or rolling contour drains inward from the outslopes
except at specified points;
(D) no damage will be done to natural watercourses;
(E) spoil will be placed on the mountaintop bench as is necessary to achieve
the planned postmining land use: Provided, That all excess spoil material not retained on
the mountaintop shall be placed in accordance with the provisions of subsection (b)(22)
of this section;
(F) insure stability of the spoil retained on the mountaintop and meet the other
requirements of this Act; 22
(5) The regulatory authority shall promulgate specific regulations to govern the
granting of permits in accord with the provisions of this subsection, and may impose such
additional requirements as he deems to be necessary.
(6) All permits granted under the provisions of this subsection shall be reviewed
not more than three years from the date of issuance of the permit, unless the applicant
affirmatively demonstrates that the proposed development is proceeding in accordance
with the terms of the approved schedule and reclamation plan.
(d) Steep-slope surface coal mining; definition
The following performance standards shall be applicable to steep-slope surface coal
mining and shall be in addition to those general performance standards required by this
section: Provided, however, That the provisions of this subsection (d) shall not apply to
those situations in which an operator is mining on flat or gently rolling terrain, on which
an occasional steep slope is encountered through which the mining operation is to
proceed, leaving a plain or predominantly flat area or where an operator is in compliance
with provisions of subsection (c) hereof:
(1) Insure that when performing surface coal mining on steep slopes, no debris,
abandoned or disabled equipment, spoil material, or waste mineral matter be placed on
the downslope below the bench or mining cut: Provided, That spoil material in excess of
22

So in the original. The semicolon probably should be a period.
84

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 highwall unless the
regulatory authority finds that such disturbance will facilitate compliance with the
environmental protection standards of this section: Provided, however, That the land
disturbed above the highwall shall be limited to that amount necessary to facilitate said
compliance.
(4) For the purposes of this subsection (d), the term “steep slope” is any slope
above twenty degrees or such lesser slope as may be defined by the regulatory authority
after consideration of soil, climate, and other characteristics of a region or State.
(e) Variances to original contour restoration requirements
(1) Each State program may and each Federal program shall include procedures
pursuant to which the regulatory authority may permit variances for the purposes set forth
in paragraph (3) of this subsection, provided that the watershed control of the area is
improved; and further provided complete backfilling with spoil material shall be required
to cover completely the highwall which material will maintain stability following mining
and reclamation.
(2) Where an applicant meets the requirements of paragraphs (3) and (4) of this
subsection a variance from the requirement to restore to approximate original contour set
forth in subsection 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, residential, or public use (including recreational
facilities) in accord with the further provisions of (3) and (4) of this subsection.
(3)(A) After consultation with the appropriate land use planning agencies, if any,
the potential use of the affected land is deemed to constitute an equal or better economic
or public use;
(B) is designed and certified by a qualified registered professional engineer in
conformance with professional standards established to assure the stability, drainage, and
configuration necessary for the intended use of the site; and
(C) after approval of the appropriate state environmental agencies, the
watershed of the affected land is deemed to be improved.
(4) In granting a variance pursuant to this subsection the regulatory authority
shall require that only such amount of spoil will be placed off the mine bench as is
necessary to achieve the planned postmining land use, insure stability of the spoil
retained on the bench, meet all other requirements of this Act, and all spoil placement off
the mine bench must comply with subsection 515(b)(22).

85

(5) The regulatory authority shall promulgate specific regulations to govern the
granting of variances in accord with the provisions of this subsection, and may impose
such additional requirements as he deems to be necessary.
(6) All exceptions granted under the provisions of this subsection shall be
reviewed not more than three years from the date of issuance of the permit, unless the
permittee affirmatively demonstrates that the proposed development is proceeding in
accordance with the terms of the reclamation plan.
(f) Standards and criteria for coal mine waste piles
The Secretary, with the written concurrence of the Chief of Engineers, shall establish
within one hundred and thirty-five days August 3, 1977, standards and criteria regulating
the design, location, construction, operation, maintenance, enlargement, modification,
removal, and abandonment of new and existing coal mine waste piles referred to in
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 standards and criteria developed
pursuant to this subsection must include provisions for: review and approval of plans and
specifications prior to construction, enlargement, modification, removal, or abandonment;
performance of periodic inspections during construction; issuance of certificates of
approval upon completion of construction; performance of periodic safety inspections;
and issuance of notices for required remedial or maintenance work.
♦

SECTION 516 – SURFACE EFFECTS OF UNDERGROUND
COAL MINING OPERATIONS
[30 U.S.C. 1266]
(a) Rules and regulations
The Secretary shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, embodying the following requirements and in
accordance with the procedures established under section 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 conflict with nor supersede any provision of the Federal Coal
Mine 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 administers such Act.
(b) Permit requirements
Each permit issued under any approved State or Federal program pursuant to this Act
86

and relating to underground coal mining shall require the operator to -(1) adopt measures consistent with known technology in order to prevent
subsidence causing material damage to the extent technologically and economically
feasible, maximize mine stability, and maintain the value and reasonably foreseeable use
of such surface lands, except in those instances where the mining technology used
requires planned subsidence in a predictable and controlled manner: Provided, That
nothing in this subsection shall be construed to prohibit the standard method of room and
pillar mining;
(2) seal all portals, entryways, drifts, shafts, or other openings between the
surface and underground mine working when no longer needed for the conduct of the
mining operations;
(3) fill or seal exploratory holes no longer necessary for mining, maximizing to
the extent technologically and economically feasible return of mine and processing waste,
tailings, and any other waste incident to the mining operation, to the mine workings or
excavations;
(4) with respect to surface disposal of mine wastes, tailings, coal processing
wastes, and other wastes in areas other than the mine workings or excavations, stabilize
all waste piles created by the permittee from current operations through construction in
compacted layers including the use of incombustible and impervious materials if
necessary and assure that the leachate will not degrade below water quality standards
established pursuant to applicable Federal and State law surface or ground waters and
that the final contour of the waste accumulation will be compatible with natural
surroundings and that the site is stabilized and revegetated according to the provisions of
this section;
(5) design, locate, construct, operate, maintain, enlarge, modify, and remove, or
abandon, in accordance with the standards and criteria developed pursuant to section
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-regeneration and plant succession and at least
equal in extent of cover to the natural vegetation of the area;
(7) protect offsite areas from damages which may result from such mining
operations;
(8) eliminate fire hazards and otherwise eliminate conditions which constitute a
hazard to health and safety of the public;
(9) minimize the disturbances of the prevailing hydrologic balance at the minesite
and in associated offsite areas and to the quantity of water in surface ground water
systems both during and after coal mining operations and during reclamation by -(A) avoiding acid or other toxic mine drainage by such measures as, but not
limited to -(i) preventing or removing water from contact with toxic producing
deposits;
(ii) treating drainage to reduce toxic content which adversely affects
downstream water upon being released to water courses;
87

(iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to
keep acid or other toxic drainage from entering ground and surface waters; and
(B) conducting surface coal mining operations so as to prevent, to the extent
possible using the best technology currently available, additional contributions of
suspended solids to streamflow or runoff outside the permit area (but in no event shall
such contributions be in excess of requirements set by applicable State or Federal law),
and avoiding channel deepening or enlargement in operations requiring the discharge of
water from mines;
(10) with respect to other surface impacts not specified in this subsection
including the construction of new roads or the improvement or use of existing roads to
gain access to the site of such activities and for haulage, repair areas, storage areas,
processing areas, shipping areas, and other areas upon which are sited structures,
facilities, or other property or materials on the surface, resulting from or incident to such
activities, operate in accordance with the standards established under section 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 underground coal mining;
(11) to the extent possible using the best technology currently available, minimize
disturbances and adverse impacts of the operation on fish, wildlife, and related
environmental values, and achieve enhancement of such resources where practicable;
(12) locate openings for all new drift mines working acid-producing or ironproducing coal seams in such a manner as to prevent a gravity discharge of water from
the mine.
(c) Suspension of underground coal mining operations in urbanized areas
In order to protect the stability of the land, the regulatory authority shall suspend
underground coal mining under urbanized areas, cities, towns, and communities and
adjacent to industrial or commercial buildings, major impoundments, or permanent
streams if he finds imminent danger to inhabitants of the urbanized areas, cities, towns,
and communities.
(d) Applicability of this subchapter to surface operations and surface impacts
incident to an underground coal mine operations
The provisions of title V of this Act relating to State and Federal programs, permits,
bonds, inspections and enforcement, public review, and administrative and judicial
review shall be applicable to surface operations and surface impacts incident to an
underground coal mine with such modifications to the permit application requirements,
permit approval or denial procedures, and bond requirements as are necessary to
accommodate the distinct difference between surface and underground coal mining. The
Secretary shall promulgate such modifications in accordance with the rulemaking
procedure established in section 501 of this Act.
88

♦

SECTION 517 – INSPECTIONS AND MONITORING
[30 U.S.C. 1267]
(a) Inspections of surface coal mining and reclamation operations
The Secretary shall cause to be made such inspections of any surface coal mining and
reclamation operations as are necessary to evaluate the administration of approved State
programs, or to develop or enforce any Federal program, and for such purposes
authorized representatives of the Secretary shall have a right of entry to, upon, or through
any surface coal mining and reclamation operations.
(b) Records and reports; monitoring systems; evaluation of results
For the purpose of developing or assisting in the development, administration, and
enforcement of any approved State or Federal program under this 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 -(1) the regulatory authority shall require any permittee to (A) establish and
maintain appropriate records, (B) make monthly reports to the regulatory authority, (C)
install, use, and maintain any necessary monitoring equipment or methods, (D) evaluate
results in accordance with such methods, at such locations, intervals, and in such manner
as a regulatory authority shall prescribe, and (E) provide such other information relative
to surface coal mining and reclamation operations as the regulatory authority deems
reasonable and necessary;
(2) for those surface coal mining and reclamation operations which remove or
disturb strata that serve as aquifers which significantly insure the hydrologic balance of
water use either on or off the mining site, the regulatory authority shall specify those -(A) monitoring sites to record the quantity and quality of surface drainage
above and below the minesite as well as in the potential zone of influence;
(B) monitoring sites to record level, amount, and samples of ground water and
aquifers potentially affected by the mining and also directly below the lowermost
(deepest) coal seam to be mined;
(C) records of well logs and borehole data to be maintained; and
(D) monitoring sites to record precipitation.
The monitoring data collection and analysis required by this section shall be
conducted according to standards and procedures set forth by the regulatory authority in
order to assure their reliability and validity; and
(3) the authorized representatives of the regulatory authority, without advance
notice and upon presentation of appropriate credentials (A) shall have the right of entry
to, upon, or through any surface coal mining and reclamation operations or any premises
in which any records required to be maintained under paragraph (1) of this subsection are
located; and (B) may at reasonable times, and without delay, have access to and copy any
89

records, inspect any monitoring equipment or method of operation required under this
Act.
(c) Inspection intervals
The inspections by the regulatory authority shall (1) occur on an irregular basis averaging
not less than one partial inspection per month and one complete inspection per calendar
quarter for the surface coal mining and reclamation operation covered by each permit; (2)
occur without prior notice to the permittee or his agents or employees except for
necessary onsite meetings with the permittee; and (3) include the filing of inspection
reports adequate to enforce the requirements of and to carry out the terms and purposes of
this Act.
(d) Maintenance of sign
Each permittee shall conspicuously maintain at the entrances to the surface coal mining
and reclamation operations a clearly visible sign which sets forth the name, business
address, and phone number of the permittee and the permit number of the surface coal
mining and reclamation operations.
(e) Violations
Each inspector, upon detection of each violation of any requirement of any State or
Federal program or of this Act, shall forthwith inform the operator in writing, and shall
report in writing any such violation to the regulatory authority.
(f) Availability of information to public
Copies of any records, reports, inspection materials, or information obtained under this
title by the regulatory authority shall be made immediately available to the public at
central and sufficient locations in the county, multicounty, and State area of mining so
that they are conveniently available to residents in the areas of mining.
(g) Conflict of interest; penalty; publication of regulations; report to Congress
No employee of the State regulatory authority performing any function or duty under this
Act shall have a direct or indirect financial interest in any underground or surface coal
mining operation. Whoever knowingly violates the provisions of this subsection shall,
upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of
not more than one year, or by both. The Secretary shall (1) within sixty days after
August 3, 1977, publish in the Federal Register, in accordance with section 553 of title 5,
United States Code, regulations to establish methods by which the provisions of this
subsection will be monitored and enforced by the Secretary and such State regulatory
authority, including appropriate provisions for the filing by such employees and the
review of statements and supplements thereto concerning any financial interest which
90

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 preceding year under this
subsection.
(h) Review; procedures for inspections
(1) Any person who is or may be adversely affected by a surface mining operation
may notify the Secretary or any representative of the Secretary responsible for conducting
the inspection, in writing, of any violation of this Act which he has reason to believe
exists at the surface mining site. The Secretary shall, by regulation, establish procedures
for informal review of any refusal by a representative of the Secretary to issue a citation
with respect to any such alleged violation. The Secretary shall furnish such persons
requesting the review a written statement of the reasons for the Secretary’s final
disposition of the case.
(2) The Secretary shall also, by regulation, establish procedures to insure that
adequate and complete inspections are made. Any such person may notify the Secretary
of any failure to make such inspections, after which the Secretary shall determine
whether adequate and complete inspections have been made. The Secretary shall furnish
such persons a written statement of the reasons for the Secretary’s determination that
adequate and complete inspections have or have not been conducted.
♦

SECTION 518 – PENALTIES
[30 U.S.C. 1268]
(a) Civil penalties for violations of permit conditions and provisions of 30 U.S.C.
1251 et seq.
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 condition 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 $5,000 for
each violation. Each day of continuing violation may be deemed a separate violation for
purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee’s history of previous violations at the particular surface
coal mining operation; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the
permittee was negligent; and the demonstrated good faith of the permittee charged in
attempting to achieve rapid compliance after notification of the violation.

91

(b) Hearing
A civil penalty shall be assessed by the Secretary only after the person charged with a
violation described under subsection (a) of this section has been given an opportunity for
a public hearing. Where such a public hearing has been held, the Secretary shall make
findings of fact, and he shall issue a written decision as to the occurrence of the violation
and the amount of the penalty which is warranted, incorporating, when appropriate, and
order therein requiring that the penalty be paid. When appropriate, the Secretary shall
consolidate such hearings 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) Notice of violation; action required of violator; waiver of legal rights
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
proposed penalty in full or, if the person wishes to contest either the amount of the
penalty or the fact of the violation, forward the proposed amount to the Secretary for
placement in an escrow account. If through administrative or judicial review of the
proposed penalty, it is determined that no violation occurred, or that the amount of the
penalty should be reduced, the Secretary shall within thirty days remit the appropriate
amount to the person, with interest at the rate of 6 percent, or at the prevailing
Department of the Treasury rate, whichever is greater. Failure to forward the money to
the Secretary within thirty days shall result in a waiver of all legal rights to contest the
violation or the amount of the penalty.
(d) Civil action to recover civil penalties
Civil penalties owed under this 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.
(e) Willful violations
Any person who willfully and knowingly violates a condition of a permit issued pursuant
to a Federal program, a Federal lands program or Federal enforcement pursuant to section
502 or during Federal 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 section 526 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
92

or section 704 of 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.
(f) Corporate violations
Whenever a corporate permittee violates a condition of a permit issued pursuant to a
Federal program, a Federal lands program or Federal enforcement pursuant to section 502
or Federal 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 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, officer, or agent of such corporation who willfully and knowingly
authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the
same civil penalties, fines, and imprisonment that may be imposed upon a person under
subsections (a) and (e) of this section.
(g) False statements, representations, or certifications
Whoever knowingly makes any false statement, representation, or certification, or
knowingly fails to make any statement, representation, or certification in any application,
record, report, plant, or other document filed or required to be maintained pursuant to a
Federal program or a Federal lands program or any order of decision issued by the
Secretary under this 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) Failure to correct violation
Any operator who fails to correct a violation for which a citation 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 requirements of the citation after
determining that the operator will suffer irreparable loss or damage from the application
of those requirements, or until the entry of an order of the court, in the case of any review
proceedings under section 526 initiated by the operator wherein the court orders the
suspension of the abatement requirements of the citation), shall be assessed a civil
penalty of not less than $750 for each day during which such failure or violation
continues.
(i) Effect on additional enforcement right or procedure available under State
law
As a condition of approval of any State program submitted pursuant to section 503 of this
Act, the civil and criminal penalty provisions thereof shall, at a minimum, incorporate
penalties no less stringent than those set forth in this section, and shall contain the same
93

or similar procedural requirements relating thereto. Nothing herein shall be construed so
as to eliminate any additional enforcement right or procedures which are available under
State law to a State regulatory authority but which are not specifically enumerated herein.
♦

SECTION 519 – RELEASE OF PERFORMANCE BONDS
OR DEPOSITS
[30 U.S.C. 1269]
(a) Filing of request; submittal of copy of advertisement; notification by letter of
intent to seek release
The permittee may file a request with the regulatory authority for the release of all or part
of a performance bond or deposit. Within thirty days after any application for bond or
deposit release has been filed with the regulatory authority, the operator shall submit a
copy of an advertisement placed at least once a week for four successive weeks in a
newspaper of general circulation in the locality of the surface coal mining operation.
Such advertisement shall be considered part of any bond release application and shall
contain a notification of the precise location of the land affected, the number of acres, the
permit and the date approved, the amount of the bond filed and the portion sought to be
released, and the type and appropriate dates of reclamation work performed, and a
description of the results achieved as they relate to the operator’s approved reclamation
plan. In addition, as part of any bond release application, the applicant shall submit
copies of letters which he has sent to adjoining property owners, local governmental
bodies, planning agencies, and sewage and water treatment authorities, or water
companies in the locality in which the surface coal mining and reclamation activities took
place, notifying them of his intention to seek release from the bond.
(b) Inspection and evaluation; notification of decision
Upon receipt of the notification and request, the regulatory authority shall within thirty
days conduct an inspection and evaluation of the reclamation work involved. Such
evaluation shall consider, among other things, the degree of difficulty to complete any
remaining reclamation, whether pollution of surface and subsurface water is occurring,
the probability of continuance of future occurrence of such pollution, and the estimated
cost of abating such pollution. The regulatory authority shall notify the permittee in
writing of its decision to release or not to release all or part of the performance bond or
deposit within sixty days from the filing of the request, if no public hearing is held
pursuant to section 519(f), and if there has been a public hearing held pursuant to section
519(f), within thirty days thereafter.
(c) Requirements for release
The regulatory authority may release in whole or in part said bond or deposit if the
94

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 reclamation plan, the release of 60 per
centum of the bond or collateral for the applicable permit area.
(2) After revegetation has been established on the regraded mined lands in
accordance with the approved reclamation plan. When determining the amount of bond to
be released after successful revegetation has been established, the regulatory authority
shall retain that amount of bond for the revegetated area which would be sufficient for a
third party to cover the cost of reestablishing revegetation and for the period specified for
operator responsibility in section 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 remaining portion of the bond, but not before the
expiration of the period specified for operator responsibility in section 515: Provided,
however, That no bond shall be fully released until all reclamation requirements of this
Act are fully met.
(d) Notice of disapproval
If the regulatory authority disapproves the application for release of the bond or portion
thereof, the authority shall notify the permittee, in writing, stating the reasons for
disapproval and recommending corrective actions necessary to secure said release and
allowing opportunity for a public hearing.
(e) Notice to municipality
When any application for total or partial bond release is filed with the regulatory
authority, the regulatory authority shall notify the municipality in which a surface coal
mining operation is located by certified mail at least thirty days prior to the release of all
or a portion of the bond.
(f) Objections to release; hearing
Any person with a valid legal interest which might be adversely affected by release of the
bond or the responsible officer or head of any Federal, State, or local governmental
95

agency which has jurisdiction by law or special expertise with respect to any
environmental, social, or economic impact involved in the operation, or is authorized to
develop and enforce environmental standards with respect to such operations shall have
the right to file written objections to the proposed release from bond to the regulatory
authority within thirty days after the last publication of the above notice. If written
objections are filed, and a hearing requested, the regulatory authority shall inform all the
interested parties, of the time and place of the hearing, and hold a public hearing in the
locality of the surface coal mining operation proposed for bond release within thirty days
of the request for such hearing. The date, time, and location of such public hearings shall
be advertised by the regulatory authority in a newspaper of general circulation in the
locality for two consecutive weeks, and shall hold a public hearing in the locality of the
surface coal mining operation proposed for bond release or at the State capital at the
option of the objector, within thirty days of the request for such hearing.
(g) Informal conference
Without prejudice to the rights of the objectors, the applicant, or the responsibilities of
the regulatory authority pursuant to this section, the regulatory authority may establish an
informal conference as provided in section 513 to resolve such written objections.
(h) Power of regulatory authority with respect to informal conference
For the purpose of such hearing the regulatory authority shall have the authority and is
hereby empowered to administer oaths, subpena witnesses, or written or printed
materials, compel the attendance of witnesses, or production of the materials, and take
evidence including but not limited to inspections of the land affected and other surface
coal mining operations carried on by the applicant in the general vicinity. A verbatim
record of each public hearing required by this Act shall be made, and a transcript made
available on the motion of any party or by order of the regulatory authority.
♦

SECTION 520 – CITIZEN SUITS
[30 U.S.C. 1270]
(a) Civil action to compel compliance with 30 U.S.C. 1201 et seq.
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 permit issued pursuant to this title; or
96

(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 Secretary or with the appropriate State
regulatory authority.
The district courts shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties.
(b) Limitation on bringing of action
No action may be commenced -(1) under subsection (a)(1) of this section -(A) prior to sixty days after the plaintiff has given notice in writing of the
violation (i) to the Secretary, (ii) to the State in which the violation occurs, and (iii) to
any alleged violator; or
(B) if the Secretary or the State has commenced and is diligently prosecuting a
civil action in a court of the United States or a State to require compliance with the
provisions of this Act, or any rule, regulation, order, or permit issued pursuant to this Act,
but in any such action in a court of the United States any person may intervene as a
matter of right; or
(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has
given notice in writing of such action to the Secretary, in such manner as the Secretary
shall by regulation prescribe, or to the appropriate State regulatory authority, except that
such action may be brought immediately after such notification in the case where the
violation or order complained of constitutes an imminent threat to the health or safety of
the plaintiff or would immediately affect a legal interest of the plaintiff.
(c) Venue; intervention
(1) Any action respecting a violation of this Act or the regulations thereunder
may be brought only in the judicial district in which the surface coal mining operation
complained of is located.
(2) In such action under this section, the Secretary, or the State regulatory
authority, if not a party, may intervene as a matter of right.
(d) Costs; filing of bonds
The court, in issuing any final order in any action brought pursuant to subsection (a) of
this section, may award costs of litigation (including attorney and expert witness fees) to
any party, whenever the court determines such award is appropriate. The court may, if a
temporary restraining order or preliminary injunction is sought require the filing of a
bond or equivalent security in accordance with the Federal Rules of Civil Procedure .

97

(e) Effect on other enforcement methods
Nothing in this section shall restrict any right which any person (or class of persons) may
have under any statute or common law to seek enforcement of any of the provisions of
this Act and the regulations thereunder, or to seek any other relief (including relief
against the Secretary or the appropriate State regulatory authority).
(f) Action for damages
Any person who is injured in his person or property through the violation by any operator
of any rule, regulation, order, or permit issued pursuant to this Act may bring an action
for damages (including reasonable attorney and expert witness fees) only in the judicial
district in which the surface coal mining operation complained of is located. Nothing in
this subsection shall affect the rights established by or limits imposed under State
Workmen’s Compensation laws.
♦

SECTION 521 – ENFORCEMENT
[30 U.S.C. 1271]
(a) Notice of violation; Federal inspection; waiver of notification period;
cessation order; affirmative obligation on operator; suspension or revocation of
permits; contents of notices and orders
(1) Whenever, on the basis of any information available to him, including receipt
of information from any person, the Secretary has reason to believe that any person is in
violation of any requirement of this Act or any permit condition required by this Act, the
Secretary shall notify the State regulatory authority, if one exists, in the State in which
such violation exists. If no such State authority exists or the State regulatory authority
fails within ten days after notification to take appropriate action to cause said violation to
be corrected or to show good cause for such failure and transmit notification of its action
to the Secretary, the Secretary shall immediately order Federal inspection of the surface
coal mining operation at which the alleged violation is occurring unless the information
available to the Secretary is a result of a previous Federal inspection of such surface coal
mining operation. The ten-day notification period shall be waived when the person
informing the Secretary provides adequate proof that an imminent danger of significant
environmental harm exists and that the State has failed to take appropriate action. When
the Federal inspection results from information provided to the Secretary by any person,
the Secretary shall notify such person when the Federal inspection is proposed to be
carried out and such person shall be allowed to accompany the inspector during the
inspection.
(2) When, on the basis of any Federal inspection, the Secretary or his authorized
representative determines that any condition or practices exist, or that any permittee is in
98

violation of any requirement of this Act or any permit condition required by this Act,
which condition, practice, or violation also creates an imminent danger to the health or
safety of the public, or is causing, or can reasonably be expected to cause significant,
imminent environmental harm to land, air, or water resources, the Secretary or his
authorized representative shall immediately order a cessation of surface coal mining and
reclamation operations or the portion thereof relevant to the condition, practice, or
violation. Such cessation order shall remain in effect until the Secretary or his authorized
representative determines that the condition, practice, or violation has been abated, or
until modified, vacated, or terminated by the Secretary or his authorized representative
pursuant to subparagraph (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 to health or safety of the public or the
significant imminent environmental harm to land, air, or water resources, the Secretary
shall, in addition to the cessation order, impose affirmative obligations on the operator
requiring him to take whatever steps the Secretary deems necessary to abate the imminent
danger or the significant environmental harm.
(3) When, on the basis of a Federal inspection which is carried out during the
enforcement of a Federal program or a Federal lands program, Federal inspection
pursuant to section 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
representative determines that any permittee is in violation of any requirement 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 public, or cannot be reasonably expected to
cause significant, imminent environmental harm to land, air, or water resources, the
Secretary or authorized representative shall issue a notice to the permittee or his agent
fixing a reasonable time but not more than ninety days for the abatement of the violation
and providing opportunity for public hearing.
If, upon expiration of the period of time as originally fixed or subsequently
extended, for good cause shown and upon the written finding of the Secretary or his
authorized representative, the Secretary or his authorized representative finds that the
violation has not been abated, he shall immediately order a cessation of surface coal
mining and reclamation operations or the portion thereof relevant to the violation. Such
cessation order shall remain in effect until the Secretary or his authorized representative
determines that the violation has been abated, or until modified, vacated, or terminated by
the Secretary or his authorized representative pursuant to 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 program, 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
representative determines that a pattern of violations of any requirements 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
99

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 forthwith issue an order to the permittee to show cause
as to why the permit should not be suspended or revoked and shall provide opportunity
for a public hearing. If a hearing is requested the Secretary shall inform all interested
parties of the time and place of the hearing. Upon the permittee’s failure to show cause as
to why the permit should not be suspended or revoked, the Secretary or his authorized
representative shall forthwith suspend or revoke the permit.
(5) Notices and orders issued pursuant to this section shall set forth with
reasonable specificity the nature of the violation and the remedial action required, the
period of time established for abatement, and a reasonable description of the portion of
the surface coal mining and reclamation operation to which the notice or order applies.
Each notice or order issued under this section shall be given promptly to the permittee or
his agent by the Secretary or his authorized representative who issues such notice or
order, and all such notices and orders shall be in writing and shall be signed by such
authorized representatives. Any notice or order issued pursuant to this section may be
modified, vacated, or terminated by the Secretary or his authorized representative. A
copy of any such order or notice shall be sent to the State regulatory authority in the State
in which the violation occurs: Provided, That any notice or order issued pursuant to this
section which requires cessation of mining by the operator shall expire within thirty days
of actual notice to the operator unless a public hearing is held at the site or within such
reasonable proximity to the site that any viewings of the site can be conducted during the
course of public hearing.
(b) Inadequate State enforcement; notice and hearing
Whenever on the basis of information available to him, the Secretary has reason to
believe that violations of all or any part of an approved State program result from a
failure of the State to enforce such State program or any part thereof effectively, he shall
after public notice and notice to the State, hold a hearing thereon in the State within thirty
days of such notice. If as a result of said hearing the Secretary finds that there are
violations and such violations result from a failure of the State to enforce all or any part
of the State program effectively, and if he further finds that the State has not adequately
demonstrated its capability and intent to enforce such State program, he shall give public
notice of such finding. During the period beginning with such public notice and ending
when such State satisfies the Secretary that it will enforce this 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 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 requirements of this Act before suspending or revoking the State
permit.
100

(c) Civil action for relief
The Secretary may request the Attorney General to institute a civil action for relief,
including a permanent or temporary injunction, restraining order, or any other appropriate
order in the district court of the United States for the district in which the surface coal
mining and reclamation operation is located or in which the permittee thereof has his
principal office, whenever such permittee or his agent (A) violates or fails or refuses to
comply with any order or decision issued by the Secretary under this 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 authorized
representative to the mine, or (D) refuses to permit inspection of the mine by such
authorized representative, or (E) refuses to furnish any information or report requested by
the Secretary in furtherance of the provisions of this Act, or (F) refuses to permit access
to, and copying of, such records as the Secretary determines necessary 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 with rule 65 of
the Federal Rules of Civil Procedure, as amended. Any relief granted by the court to
enforce an order under clause (A) of this section shall continue in effect until the
completion or final termination of all proceedings for review of such order under this
title, unless, prior thereto, the district court granting such relief sets it aside or modifies it.
(d) Sanctions; effect on additional enforcement rights under State law
As a condition of approval of any State program submitted pursuant to section 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
procedural requirements relating thereto. Nothing herein shall be construed so as to
eliminate any additional enforcement rights or procedures which are available under State
law to a State regulatory authority but which are not specifically enumerated herein.
♦

SECTION 522 – DESIGNATING AREAS UNSUITABLE
FOR SURFACE COAL MINING
[30 U.S.C. 1272]
(a) Establishment of State planning process; standards; State process
requirements; integration with present and future land use planning and regulation
processes; savings provision
(1) To be eligible to assume primary regulatory authority pursuant to section 503,
each State shall establish a planning process enabling objective decisions based upon
competent and scientifically sound data and information as to which, if any, land areas of
a State are unsuitable for all or certain types of surface coal mining operations pursuant to
101

the standards set forth in paragraphs (2) and (3) of this subsection but such designation
shall not prevent the mineral 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 regulatory authority determines that reclamation pursuant
to the requirements of this Act is not technologically and economically feasible.
(3) Upon petition pursuant to subsection (c) of this section, a surface area may be
designated unsuitable for certain types of surface coal mining operations if such
operations will -(A) be incompatible with existing State or local land use plans or programs; or
(B) affect fragile or historic lands in which such operations could result in
significant damage to important historic, cultural, scientific, and esthetic values and
natural systems; or
(C) affect renewable resource lands in which such operations could result in a
substantial loss or reduction of long-range productivity of water supply or of food or fiber
products, and such lands to include aquifers and aquifer recharge areas; or
(D) affect natural hazard lands in which such operations could substantially
endanger life and property, such lands to include areas subject to frequent flooding and
areas of unstable geology.
(4) To comply with this section, a State must demonstrate it has developed or is
developing a process which includes –
(A) a State agency responsible for surface coal mining lands review;
(B) a data base and an inventory system which will permit proper evaluation
of the capacity of different land areas of the State to support and permit reclamation of
surface coal mining operations;
(C) a method or methods for implementing land use planning decisions
concerning surface coal mining operations; and
(D) proper notice, opportunities for public participation, including a public
hearing prior to making any designation or redesignation, pursuant to this section.
(5) Determinations of the unsuitability of land for surface coal mining, as
provided for in this section, shall be integrated as closely as possible with present and
future land use planning and regulation processes at the Federal, State, and local levels.
(6) The requirements of this section shall not apply to lands on which surface coal
mining operations are being conducted on August 3, 1977, or under a permit issued
pursuant to this Act or where substantial legal and financial commitments in such
operation were in existence prior to January 4, 1977.
(b) Review of Federal lands
The Secretary shall conduct a review of the Federal lands to determine, pursuant to the
standards set forth in paragraphs (2) and (3) of subsection (a) of this section, whether
there are areas on Federal lands which are unsuitable for all or certain types of surface
coal mining operations: Provided, however, That the Secretary may permit surface coal
mining on Federal lands prior to the completion of this review. When the Secretary
determines an area on Federal lands to be unsuitable for all or certain types of surface
102

coal mining operations, he shall withdraw such area or condition any mineral leasing or
mineral entries in a manner so as to limit surface coal mining operations on such area.
Where a Federal program has been implemented in a State pursuant to section 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 process shall incorporate the
standards and procedures of this section. Prior to designating Federal lands unsuitable for
such mining, the Secretary shall consult with the appropriate State and local agencies.
(c) Petition; notice intervention; decision
Any person having an interest which is or may be adversely affected shall have the right
to petition the regulatory authority to have an area designated as unsuitable for surface
coal mining operations, or to have such a designation terminated. Such a petition shall
contain allegations of facts with supporting evidence which would tend to establish the
allegations. Within ten months after receipt of the petition the regulatory authority shall
hold a public hearing in the locality of the affected area, after appropriate notice and
publication of the date, time, and location of such hearing. After a person having an
interest which is or may be adversely affected has filed a petition and before the hearing,
as required by this subsection, any person may intervene by filing allegations of facts
with supporting evidence which would tend to establish the allegations. Within sixty days
after such hearing, the regulatory authority shall issue and furnish to the petitioner and
any other party to the hearing, a written decision regarding the petition, and the reasons
therefore. In the event that all the petitioners stipulate agreement prior to the requested
hearing, and withdraw their request, such hearing need not be held.
(d) Statement
Prior to designating any land areas as unsuitable for surface coal mining operations, the
regulatory authority shall prepare a detailed statement on (i) the potential coal resources
of the area, (ii) the demand for coal resources, and (iii) the impact of such designation on
the environment, the economy, and the supply of coal.
(e) Prohibition on certain Federal public and private surface coal mining
operations
After August 3, 1977, and subject to valid existing rights no surface coal mining
operations except those which exist on August 3, 1977, shall be permitted -(1) on any lands within the boundaries of units of the National Park System, the
National Wildlife Refuge Systems, the National System of Trails, the National
Wilderness Preservation System, the Wild and Scenic Rivers System, including study
rivers designated under section 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
103

Secretary finds that there are no significant recreational, timber, economic, or other
values which may be incompatible with such surface mining operations and -(A) surface operations and impacts are incident to an underground coal mine;
or
(B) where the Secretary of Agriculture determines, with respect to lands
which do not have significant forest cover within those national forests west of the 100th
meridian, that surface mining is in compliance with the Multiple-Use Sustained-Yield
Act of 1960 [16 USC §§ 528 et seq.], the Federal Coal Leasing Amendments 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 authority may permit such roads to be relocated or the area affected to
lie within one hundred feet of such road, if after public notice and opportunity for public
hearing in the locality a written finding is made that the interests of the public and the
landowners affected thereby will be protected; or
(5) within three hundred feet from any occupied dwelling, unless waived by the
owner thereof, nor within three hundred feet of any public building, school, church,
community, or institutional building, public park, or within one hundred feet of a
cemetery.
♦

SECTION 523 – FEDERAL LANDS
[30 U.S.C. 1273]
(a) Promulgation and implementation of Federal lands program
No later than one year after August 3, 1977, the Secretary shall promulgate and
implement a Federal lands program which shall be applicable to all surface coal mining
and reclamation operations taking place pursuant to any Federal law on any Federal
lands: Provided, That except as provided in section 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 Federal lands in
question. Where Federal lands in a State with an approved State program are involved,
the Federal lands program shall, at a minimum, include the requirements of the approved
State program: Provided, That the Secretary shall retain his duties under sections

104

2(a), (2)(B) 23 and 2(a)(3) of the Federal Mineral Leasing Act, as amended [30 USC §
201(a), (2)(B), and (a)(3)], and shall continue to be responsible for designation of Federal
lands as unsuitable for mining in accordance with section 522(b) of this title.
(b) Incorporation of requirements into any lease, permit, or contract issued by
Secretary which may involve surface coal mining and reclamation operations
The requirements of this 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 technology, 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) State cooperative agreements
Any State with an approved State program may elect to enter into a cooperative
agreement with the Secretary to provide for State regulation of surface coal mining and
reclamation operations on Federal lands within the State, provided the Secretary
determines in writing that such State has the necessary personnel and funding to fully
implement such a cooperative agreement in accordance with the provision of this Act.
States with cooperative agreements existing on August 3, 1977, may elect to continue
regulation on Federal lands within the State, prior to approval by the Secretary of their
State program, or imposition of a Federal program, provided that such existing
cooperative agreement is modified to fully comply with the initial regulatory procedures
set forth in section 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) Development of program to assure no unreasonable denial to any class of
coal purchasers
The Secretary shall develop a program to assure that with respect to the granting of
permits, leases, or contracts for coal owned by the United States, that no class of
purchasers of the mined coal shall be unreasonably denied purchase thereof.
♦

23

So in the original. Probably should be "201(a)(2)(B)".
105

SECTION 524 – PUBLIC AGENCIES, PUBLIC UTILITIES,
AND PUBLIC CORPORATIONS
[30 U.S.C. 1274]
Any agency, unit, or instrumentality of Federal, State, or local government, including any
publicly owned utility or publicly owned corporation of Federal, State, or local
government, which proposes to engage in surface coal mining operations which are
subject to the requirements of this Act shall comply with the provisions of title V.
♦

SECTION 525 – REVIEW BY SECRETARY
[30 U.S.C. 1275]
(a) Application for review of order or notice; investigation; hearing; notice
(1) A permittee issued a notice or order by the Secretary pursuant to the
provisions of 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 modification, vacation, or
termination of such notice or order, may apply to the Secretary for review of the notice or
order within thirty days of receipt thereof or within thirty days of its modification,
vacation, or termination. Upon receipt of such application, the Secretary shall cause such
investigation to be made as he deems appropriate. Such investigation shall provide an
opportunity for a public hearing, at the request of the applicant or the person having an
interest which is or may be adversely affected, to enable the applicant or such person to
present information relating to the issuance and continuance of such notice or order or the
modification, vacation, or termination thereof. The filing of an application for review
under this subsection shall not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall be given written notice of the
time and place of the hearing at least five days prior thereto. Any such hearing shall be of
record and shall be subject to section 554 of title 5 of the United States Code.
(b) Findings of fact; issuance of decision
Upon receiving the report of such investigation, the Secretary shall make findings of fact,
and shall issue a written decision, incorporating therein an order vacating, affirming,
modifying, or terminating the notice or order, or the modification, vacation, or
termination of such notice or order complained of and incorporate his findings therein.
Where the application for review concerns an order for cessation of surface coal mining
and reclamation operations issued pursuant to the provisions of 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 temporary relief has been
106

granted by the Secretary pursuant to subparagraph (c) of this section or by the court
pursuant to subparagraph (c) of section 526 of this title.
(c) Temporary relief; issuance of order or decision granting or denying relief
Pending completion of the investigation and hearing required by this section, the
applicant may file with the Secretary a written request that the Secretary grant temporary
relief from any notice or order issued under section 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 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 such a request shall be
issued within five days of its receipt. The Secretary may grant such relief, under such
conditions as he may prescribe, if -(1) a hearing has been held in the locality of the permit area on the request for
temporary relief in which all parties were given an opportunity to be heard;
(2) the applicant shows that there is substantial likelihood that the findings of the
Secretary will be favorable to him; and
(3) such relief will not adversely affect the health or safety of the public or cause
significant, imminent environmental harm to land, air, or water resources.
(d) Notice and hearing with respect to 30 USC § 1271 order to show cause
Following the issuance of an order to show cause as to why a permit should not be
suspended or revoked pursuant to section 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 Code. Within
sixty days following the public hearing, the Secretary shall issue and furnish to the
permittee and all other parties to the hearing a written decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the Secretary revokes the permit,
the permittee shall immediately cease surface coal mining operations on the permit area
and shall complete reclamation within a period specified by the Secretary, or the
Secretary shall declare as forfeited the performance bonds for the operation.
(e) Costs
Whenever an order is issued under this section, or as a result of any administrative
proceeding under this 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 reasonably incurred by such person for or in connection with his
participation in such proceedings, including any judicial review of agency actions, may
be assessed against either party as the court, resulting from judicial review or the
Secretary, resulting from administrative proceedings, deems proper.
107

♦

SECTION 526 – JUDICIAL REVIEW
[30 U.S.C. 1276]
(a) Review by United States District Court; venue; filing of petition; time
(1) Any action of the Secretary to approve or disapprove a State program or to
prepare or promulgate a Federal program pursuant to this 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 Secretary 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 the
district in which the surface coal mining operation is located. In the case of a proceeding
to review an order or decision issued by the Secretary under the penalty section of this
Act, the court shall have jurisdiction to enter an order requiring payment of any civil
penalty assessment enforced by its judgment. This availability of review established in
this subsection shall not be construed to limit the operations of rights established in
Section 520.
(b) Evidence; conclusiveness of findings; orders
The court shall hear such petition or complaint solely on the record made before the
Secretary. Except as provided in subsection (a), the findings of the Secretary if supported
by substantial evidence on the record considered as a whole, shall be conclusive. The
court may affirm, vacate, or modify any order or decision or may remand the proceedings
to the Secretary for such further action as it may direct.
(c) Temporary relief; prerequisites
In the case of a proceeding to review any order or decision issued by the Secretary under
108

this Act, including an order or decision issued pursuant to subparagraph (c) or (d) of
section 525 of this title pertaining 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 reclamation
operations, the court may, under such conditions as it may prescribe, grant such
temporary relief as it deems appropriate pending final determination of the proceedings
if -(1) all parties to the proceedings have been notified and given an opportunity to
be heard on a request for temporary relief;
(2) the person requesting such relief shows that there is a substantial likelihood
that he will prevail on the merits of the final determination of the proceeding; and
(3) such relief will not adversely affect the public health or safety or cause
significant imminent environmental harm to land, air, or water resources.
(d) Stay of action, order, or decision of Secretary
The commencement of a proceeding under this section shall not, unless specifically
ordered by the court, operate as a stay of the action, order, or decision of the Secretary.
(e) Action of State regulatory authority
Action of the State regulatory authority pursuant to an approved State program shall be
subject to judicial review by a court of competent jurisdiction in accordance with State
law, but the availability of such review shall not be construed to limit the operation of the
rights established in section 520 except as provided therein.
♦

SECTION 527 – SPECIAL BITUMINOUS COAL MINES
[30 U.S.C. 1277]
(a) Issuance of separate regulations; criteria
The regulatory authority is authorized to issue separate regulations for those special
bituminous coal surface mines located west of the 100th meridian west longitude which
meet the following criteria:
(1) the excavation of the specific mine pit takes place on the same relatively
limited site for an extended period of time;
(2) the excavation of the specific mine pit follows a coal seam having an
inclination of fifteen degrees or more from the horizontal, and continues in the same area
proceeding downward with lateral expansion of the pit necessary to maintain stability or
as necessary to accommodate the orderly expansion of the total mining operation;
(3) the excavation of the specific mine pit involves the mining of more than one
coal seam and mining has been initiated on the deepest coal seam contemplated to be
mined in the current operation;
109

(4) the amount of material removed is large in proportion to the surface area
disturbed;
(5) there is no practicable alternative method of mining the coal involved;
(6) there is no practicable method to reclaim the land in the manner required by
this 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 substantially committed to a mode of operation which warrants
exceptions to some provisions of this title.
(b) New bituminous coal surface mines
Such separate regulations shall also contain a distinct part to cover and pertain to new
bituminous coal surface mines which may be developed after August 3, 1977, on lands
immediately adjacent to lands upon which are located special bituminous mines existing
on January 1, 1972. Such new mines shall meet the criteria of section 527(a) except for
subparagraphs (3) and (7), and all requirements of State law, notwithstanding in whole or
part the regulations issued pursuant to subsection (c) of this section. In the event of an
amendment or revision to the State’s regulatory program, regulations, or decisions made
thereunder governing such mines, the Secretary shall issue such additional regulations as
necessary to meet the purposes of this Act.
(c) Scope of alternative regulations
Such alternative regulations may pertain only to the standards governing onsite handling
of spoils, elimination of depressions capable of collecting water, creation of
impoundments, and regarding to the approximate original contour and shall specify that
remaining highwalls are stable. All other performance standards in this title shall apply to
such mines.
♦

SECTION 528 – SURFACE MINING OPERATIONS
NOT SUBJECT TO 30 USC §§ 1201 et seq.
[30 U.S.C. 1278]
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 noncommercial use from
land owned or leased by him; and
(2) the extraction of coal as an incidental part of Federal, State or local
government-financed highway or other construction under regulations established by the
regulatory authority.
♦
110

SECTION 529 – ANTHRACITE COAL MINES
[30 U.S.C. 1279]
(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 on
August 3, 1977, 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
other 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 purposes of this Act.
(b) [Omitted]

♦♦♦

111

TITLE VI – DESIGNATION OF LANDS UNSUITABLE FOR
NONCOAL MINING
SECTION 601 – DESIGNATION PROCEDURES
[30 U.S.C. 1281]
(a) Review of Federal land areas for unsuitability for noncoal mining
With respect to Federal lands within any State, the Secretary of Interior may, and if so
requested by the Governor of such State shall, review any area within such lands to assess
whether it may be unsuitable for mining operations for minerals or materials other than
coal, pursuant to the criteria and procedures of this section.
(b) Criteria considered in determining designations
An area of Federal land may be designated under this section as unsuitable for mining
operations if (1) such area consists of Federal lands of a predominantly urban or suburban
character, used primarily for residential or related purposes, the mineral estate of which
remains in the public domain, or (2) such area consists of Federal land where mining
operations would have an adverse impact on lands used primarily for residential or
related purposes.
(c) Petition for exclusion; contents; hearing; temporary land withdrawal
Any person having an interest which is or may be adversely affected shall have the right
to petition the Secretary to seek exclusion of an area from mining operations pursuant to
this section or the redesignation of an area or part thereof as suitable for such operations.
Such petition shall contain allegations of fact with supporting evidence which would tend
to substantiate the allegations. The petitioner shall be granted a hearing within a
reasonable time and finding with reasons therefor upon the matter of their petition. In any
instance where a Governor requests the Secretary to review an area, or where the
Secretary finds the national interest so requires, the Secretary may temporarily withdraw
the area to be reviewed from mineral entry or leasing pending such review: Provided,
however, That such temporary withdrawal be ended as promptly as practicable and in no
event shall exceed two years.
(d) Limitations on designations; rights preservation; regulations
In no event is a land area to be designated unsuitable for mining operations under this
section on which mining operations are being conducted prior to the holding of a hearing
on such petition in accordance with subsection (c) hereof. Valid existing rights shall be
preserved and not affected by such designation. Designation of an area as unsuitable for
mining operations under this section shall not prevent subsequent mineral exploration of
112

such area, except that such exploration shall require the prior written consent of the
holder of the surface estate, which consent shall be filed with the Secretary. The
Secretary may promulgate, with respect to any designated area, regulations to minimize
any adverse effects of such exploration.
(e) Statement.
Prior to any designation pursuant to this section, the Secretary shall prepare a detailed
statement on (i) the potential mineral resources of the area, (ii) the demand for such
mineral resources, and (iii) the impact of such designation or the absence of such
designation on the environment, economy, and the supply of such mineral resources.
(f) Area withdrawal
When the Secretary designates an area of Federal lands as unsuitable for all or certain
types of mining operations for minerals and materials other than coal pursuant to this
section he may withdraw such area from mineral entry or leasing, or condition such entry
or leasing so as to limit such mining operations in accordance with his determination, if
the Secretary also determines, based on his analysis pursuant to subsection 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.
(g) Right to appeal
Any party with a valid legal interest who has appeared in the proceedings in connection
with the Secretary’s determination pursuant to this section and who is aggrieved by the
Secretary’s decision (or by his failure to act within a reasonable time) shall have the right
of appeal for review by the United States district court for the district in which the
pertinent area is located.

♦♦♦

113

TITLE VII – ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
SECTION 701 -- DEFINITIONS
[30 U.S.C. 1291]
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 windblown deposits;
(2) “approximate original contour” means that surface configuration achieved by
backfilling and grading of the mined area so that the reclaimed area, including any
terracing or access roads, closely resembles the general surface configuration of the land
prior to mining and blends into and complements the drainage pattern of the surrounding
terrain, with all highwalls and spoil piles eliminated; water impoundments may be
permitted where the regulatory authority determines that they are in compliance with
section 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 interstate
commerce;
(4) “Federal lands” means any land, including mineral interests, owned by the
United States without regard to how the United States acquired ownership of the land and
without regard to the agency having responsibility for management thereof, except Indian
lands: Provided, That for the purposes of this Act lands or mineral interests east of the
one hundredth meridian west longitude owned by the United States and entrusted to or
managed by the Tennessee Valley Authority shall not be subject to sections 714 (Surface
Owner Protection) and 715 (Federal Lessee Protection) of this Act. 24
(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;
(6) “Federal program” means a program established by the Secretary pursuant to
section 504 to regulate surface coal mining and reclamation operations on lands within a
State in accordance with the requirements of this Act;
(7) “fund” means the Abandoned Mine Reclamation Fund established pursuant to
section 401;
(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 mining and reclamation operation, which condition, practice, or
24

So in the original. The period probably should be a semicolon.
114

violation could reasonably be expected to cause substantial physical harm to persons
outside the permit area before such condition, practice, or violation can be abated. A
reasonable expectation of death or serious injury before abatement exists if a rational
person, subjected to the same conditions or practices giving rise to the peril, would not
expose himself or herself to the danger during the time necessary for abatement;
(9) “Indian lands” means all lands, including mineral interests, within the exterior
boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent,
and including rights-of-way, and all lands including mineral interests held in trust for or
supervised by an Indian tribe;
(10) “Indian tribe” means any Indian tribe, band, group, or community having a
governing body recognized by the Secretary;
(11) “lands within any State” or “lands within such State” means all lands within
a State other than Federal lands and Indian lands;
(12) “Office” means the Office of Surface Mining Reclamation and Enforcement
established pursuant to title II;
(13) “operator” means any person, partnership, or corporation engaged in coal
mining who removes or intends to remove more than two hundred and fifty tons of coal
from the earth by coal mining within twelve consecutive calendar months in any one
location;
(14) “other minerals” means clay, stone, sand, gravel, metalliferous and
nonmetalliferous ores, and any other solid material or substances of commercial value
excavated in solid form from natural deposits on or in the earth, exclusive of coal and
those minerals which occur naturally in liquid or gaseous form;
(15) “permit” means a permit to conduct surface coal mining and reclamation
operations issued by the State regulatory authority pursuant to a State program or by the
Secretary pursuant to a Federal program;
(16) “permit applicant” or “applicant” means a person applying for a permit;
(17) “permit area” means the area of land indicated on the approved map
submitted by the operator with his application, which area of land shall be covered by the
operator’s bond as required by section 509 of this Act and shall be readily identifiable by
appropriate markers on the site;
(18) “permittee” means a person holding a permit;
(19) “person” means an individual, partnership, association, society, joint stock
company, firm, company, corporation, or other business organization;
(20) the term “prime farmland” shall have the same meaning as that previously
prescribed by the Secretary of Agriculture on the basis of such factors as moisture
availability, temperature regime, chemical balance, permeability, surface layer
composition, susceptibility to flooding, and erosion characteristics, and which historically
have been used for intensive agricultural purposes, and as published in the Federal
Register. 25
(21) “reclamation plan” means a plan submitted by an applicant for a permit
under a State program or Federal program which sets forth a plan for reclamation of the
25

So in the original. The period probably should be a semicolon.
115

proposed surface coal mining operations pursuant to section 508;
(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 pursuant to section
503 to regulate surface coal mining and reclamation operations, on lands within such
State in accord with the requirements of this Act and regulations issued by the Secretary
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 August 3, 1977;
(28) “surface coal mining operations” means -(A) activities conducted on the surface of lands in connection with a surface
coal mine or subject to the requirements of section 516 surface operations and surface
impacts incident to an underground coal mine, the products of which enter commerce or
the operations of which directly or indirectly affect interstate commerce. Such activities
include excavation for the purpose of obtaining coal including such common methods as
contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses
of explosives and blasting, and in situ distillation or retorting, leaching or other chemical
or physical processing, and the cleaning, concentrating, or other processing or
preparation, loading of coal for interstate commerce at or near the mine site: Provided,
however, That such activities do not include the extraction of coal incidental to the
extraction of other minerals where coal does not exceed 16 2/3 per centum of the tonnage
of minerals removed for purposes of commercial use or sale or coal explorations subject
to section 512 of this Act; and 26
(B) the areas upon which such activities occur or where such activities disturb
the natural land surface. Such areas shall also include any adjacent land the use of which
is incidental to any such activities, all lands affected by the construction of new roads or
the improvement or use of existing roads to gain access to the site of such activities and
for haulage, and excavations, workings, impoundments, dams, ventilation shafts,
entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,
tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas
and other areas upon which are sited structures, facilities, or other property or materials
on the surface, resulting from or incident to such activities; and
(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 diligence, or lack of reasonable care, or the failure to abate any
26

So in the original. The word "and" probably should not appear.
116

violation 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 101 of the Higher Education Act of 1968
[20 USC § 1001];
(33) the term “unanticipated event or condition” as used in section 510(e) means
an event or condition encountered in a remining operation that was not contemplated by
the applicable surface coal mining and reclamation permit; and
(34) the term “lands eligible for remining” means those lands that would
otherwise be eligible for expenditures under section 404 or under section 402(g)(4).
♦

SECTION 702 – OTHER FEDERAL LAWS
[30 U.S.C. 1292]
(a) Construction of 30 U.S.C. 1201 et seq. as superseding, amending modifying,
or repealing certain laws
Nothing in this Act shall be construed as superseding, amending, modifying, or repealing
the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-47), or any of the following Acts or with any rule or
regulation promulgated thereunder, including, but not limited to -(1) The Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 721-740).
(2) The Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742).
(3) The Federal Water Pollution Control Act (79 Stat. 903), as amended (33
U.S.C. 1151-1175), the State laws enacted pursuant thereto, or other Federal laws relating
to preservation of water quality.
(4) The Clean Air Act, as amended (42 U.S.C. 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.).

117

(b) Effect on authority of Secretary or heads of other Federal agencies
Nothing in this Act shall affect in any way the authority of the Secretary or the heads of
other Federal agencies under other provisions of law to include in any lease, license,
permit, contract, or other instrument such conditions as may be appropriate to regulate
surface coal mining and reclamation operations on land under their jurisdiction.
(c) Cooperation
To the greatest extent practicable each Federal agency shall cooperate with the Secretary
and the States in carrying out the provisions of this Act.
(d) Major Federal action
Approval of the State programs, pursuant to section 503(b), promulgation of Federal
programs, pursuant to section 504, and implementation of the Federal lands programs,
pursuant to section 523 of this Act, shall not constitute a major action within the meaning
of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
Adoption of regulations under section 501(b) shall constitute a major action within the
meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
♦

SECTION 703 – EMPLOYEE PROTECTION
[30 U.S.C. 1293]
(a) Retaliation practices prohibited
No person shall discharge, or in any other way discriminate against, or cause to be fired
or discriminated against, any employee or any authorized representative of employees by
reason of the fact that such employee or representative has filed, instituted, or caused to
be filed or instituted any proceeding under this 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) Review by Secretary; investigation; notice; hearing; findings of fact; judicial
review
Any employee or a representative of employees who believes that he has been fired or
otherwise discriminated against by any person in violation of subsection (a) of this
section may, within thirty days after such alleged violation occurs, apply to the Secretary
for a review of such firing or alleged discrimination. A copy of the application shall be
sent to the person or operator who will be the respondent. Upon receipt of such
application, the Secretary shall cause such investigation to be made as he deems
118

appropriate. Such investigation shall provide an opportunity for a public hearing at the
request of any party to such review to enable the parties to present information relating to
the alleged violation. The parties shall be given written notice of the time and place of the
hearing at least five days prior to the hearing. Any such hearing shall be of record and
shall be subject to section 554 of title 5 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 incorporating therein his findings and an
order requiring the party committing the violation to take such affirmative action to abate
the violation as the Secretary deems appropriate, including, but not limited to, the
rehiring or reinstatement of the employee or representative of employees to his former
position with compensation. If he finds that there was no violation, he will issue a
finding. Orders issued by the Secretary under this subsection shall be subject to judicial
review in the same manner as orders and decisions of the Secretary are subject to judicial
review under this Act.
(c) Costs
Whenever an order is issued under this section to abate any violation, at the request of the
applicant a sum equal to the aggregate amount of all costs and expenses (including
attorneys’ fees) to have been reasonably incurred by the applicant for, or in connection
with, the institution and prosecution of such proceedings, shall be assessed against the
persons committing the violation.
♦

SECTION 704 – PENALTY
[30 U.S.C. 1294]
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.
♦

SECTION 705 – GRANT TO THE STATES
[30 U.S.C. 1295]
(a) Assisting any State in development, administration, and enforcement of
State programs under 30 U.S.C. 1201 et seq.
The Secretary is authorized to make annual grants to any State for the purpose of
assisting such State in developing, administering, and enforcing State programs under
this Act. Except as provided in subsection (c) of this section, such grants shall not exceed
119

80 per centum of the total costs incurred during the first year, 60 per centum of total costs
incurred during the second year, and 50 per centum of the total costs incurred during each
year thereafter.
(b) Assisting any State in development, administration, and enforcement of its
State programs
The Secretary is authorized to cooperate with and provide assistance to any State for the
purpose of assisting it in the development, administration, and enforcement of its State
programs. Such cooperation and assistance shall include -(1) technical assistance and training including provision of necessary curricular
and instruction materials, in the development, administration, and enforcement of the
State programs; and
(2) assistance in preparing and maintaining a continuing inventory of information
on surface coal mining and reclamation operations for each State for the purposes of
evaluating the effectiveness of the State programs. Such assistance shall include all
Federal departments and agencies making available data relevant to surface coal mining
and reclamation operations and to the development, administration, and enforcement of
State programs concerning such operations.
(c) Increase in annual grants
If, in accordance with section 523(d) of this Act, a State elects to regulate surface coal
mining and reclamation operations on Federal lands, the Secretary may increase the
amount of the annual grants under subsection (a) of this section by an amount which he
determines is approximately equal to the amount the Federal Government would have
expended for such regulation if the State had not made such election.
♦

SECTION 706 – ANNUAL REPORT TO PRESIDENT
AND CONGRESS
[30 U.S.C. 1296]
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
recommendations for additional administrative or legislative action as he deems
necessary and desirable to accomplish the purposes of this Act.
♦

120

SECTION 707 – SEVERABILITY OF PROVISIONS
[30 U.S.C. 1297]
If any provision of this Act or the applicability thereof to any person or circumstances is
held invalid, the remainder of this Act and the application of such provision to other
persons or circumstances shall not be affected thereby.
♦

SECTION 708 – ALASKAN SURFACE COAL MINE STUDY
[30 U.S.C. 1298]
(a) Contract with National Academy of Sciences-National Academy of
Engineering
The Secretary is directed to contract to such extent or in such amounts as are provided in
advance in appropriation Acts with the National Academy of Sciences-National Academy
of Engineering for an in-depth study of surface coal mining conditions in the State of
Alaska in order to determine which, if any, of the provisions of this Act should be
modified with respect to surface coal mining operations in Alaska.
(b) Report to President and Congress
The Secretary shall report on the findings of the study to the President and Congress no
later than two years after August 3, 1977.
(c) Draft of legislation
The Secretary shall include in his report a draft of legislation to implement any changes
recommended to this Act.
(d) Modification of applicability of environmental protection provisions of 30
U.S.C. 1201 et seq. to surface coal mining operation in Alaska; publication in
Federal Register; hearing
Until one year after the Secretary has made this report to the President and Congress, or
three years after August 3, 1977, whichever comes first, the Secretary is authorized to
modify the applicability of any environmental protection provision of this 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 August 3, 1977, if he determines
that it is necessary to insure the continued operation of such surface coal mining
operation. The Secretary may exercise this authority only after he has (1) published
notice of proposed modification in the Federal Register and in a newspaper of general
121

circulation in the area of Alaska in which the affected surface coal mining operation is
located, and (2) held a public hearing on the proposed modification in Alaska.
(e) Interim regulations
In order to allow new mines in Alaska to continue orderly development, the Secretary is
authorized to issue interim regulations pursuant to section 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 the other coal regions.
(f) Authorization of appropriations
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.
♦

SECTION 709 – STUDY OF RECLAMATION STANDARDS
FOR SURFACE MINING OF OTHER MINERALS
[30 U.S.C. 1299]
(a) Contract with the National Academy of Sciences-National Academy of
Engineering; requirements
The Chairman of the Council on Environmental Quality is directed to contract to such
extent or in such amounts as are provided in appropriation Acts with the National
Academy of Sciences-National Academy of Engineering, other Government agencies or
private groups as appropriate, for an in-depth study of current and developing technology
for surface and open pit mining and reclamation for minerals other than coal designed to
assist in the establishment of effective and reasonable regulation of surface and open pit
mining and reclamation for minerals other than coal. The study shall -(1) assess the degree to which the requirements of this Act can be met by such
technology and the costs involved;
(2) identify areas where the requirements of this Act cannot be met by current 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.
122

(b) Submittal of study with legislative recommendation to President and
Congress
The study together with specific legislative recommendations shall be submitted to the
President and the Congress no later than eighteen months after August 3, 1977: Provided,
That, with respect to surface or open pit mining for sand and gravel the study shall be
submitted no later than twelve months after August 3, 1977: Provided further, That with
respect to mining for oil shale and tar sands that a preliminary report shall be submitted
no later than twelve months after August 3, 1977.
(c) Authorization of appropriations
There are 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.
♦

SECTION 710 – INDIAN LANDS
[30 U.S.C. 1300]
(a) Study of regulation of surface mining; consultation with tribe; proposed
legislation
The Secretary is directed to study the question of the regulation of surface mining on
Indian lands which will achieve the purpose of this 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) Submittal of study to Congress
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) Compliance with interim environmental protection standards of
30 U.S.C. 1201 et seq.
On and after one hundred and thirty-five days from August 3, 1977, all surface coal
mining operations on Indian lands shall comply with requirements at least as stringent as
those imposed by subsections 515(b)(2), 515(b)(3), 515(b)(5), 515(b)(10), 515(b)(13),
123

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) Compliance with permanent environmental protection standards of
30 U.S.C. 1201 et seq.
On and after thirty months from August 3, 1977, all surface coal mining operations on
Indian lands shall comply with requirements at least as stringent as those imposed by
sections 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) Inclusion and enforcement of terms and conditions of leases
With respect to leases issued after August 3, 1977, the Secretary shall include and enforce
terms and conditions in addition to those required by subsections (c) and (d) as may be
requested by the Indian tribe in such leases.
(f) Approval in changes in terms and conditions of leases
Any change required by subsection (c) or (d) of this section in the terms and conditions of
any coal lease on Indian lands existing on August 3, 1977, shall require the approval of
the Secretary.
(g) Participation of tribes
The Secretary shall provide for adequate participation by the various Indian tribes
affected in the study authorized in this section and not more than $700,000 of the funds
authorized in section 712(a) shall be reserved for this purpose.
(h) Jurisdictional status
The Secretary shall analyze and make recommendations regarding 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.
(i) Grants
The Secretary shall make grants to the Navajo, Hopi, Northern Cheyenne, and Crow
tribes to assist such tribes in developing regulations and programs for regulating surface
coal mining and reclamation operations on Indian lands. Grants made under this
subsection shall be used to establish an office of surface mining regulation for each such
tribe. Each such office shall -(1) develop tribal regulations and program policies with respect to surface
mining;
124

(2) assist the Office of Surface Mining Reclamation and Enforcement established
by section 201 in the inspection and enforcement of surface mining activities on Indian
lands, including, but not limited to, permitting, mine plan review, and bond release; and
(3) sponsor employment training and education in the area of mining and mineral
resources.
(j) Tribal regulatory authority.
(1) Tribal regulatory programs.
(A) In general. Notwithstanding any other provision of law, an Indian tribe
may apply for, and obtain the approval of, a tribal program under section 503 regulating
in whole or in part surface coal mining and reclamation operations on reservation land
under the jurisdiction of the Indian tribe using the procedures of section 504(e).
(B) References to State. For purposes of this subsection and the
implementation and administration of a tribal program under title V , any reference to a
“State” in this Act shall be considered to be a reference to a “tribe”.
(2) Conflicts of interest.
(A) In general. The fact that an individual is a member of an Indian tribe does
not in itself constitute a violation of section 201(f).
(B) Employees of tribal regulatory authority. Any employee of a tribal
regulatory authority shall not be eligible for a per capita distribution of any proceeds from
coal mining operations conducted on Indian reservation lands under this Act.
(3) Sovereign immunity. To receive primary regulatory authority under section
504(e), an Indian tribe shall waive sovereign immunity for purposes of section 520 and
paragraph (4).
(4) Judicial review.
(A) Civil actions.
(i) In general. After exhausting all tribal remedies with respect to a civil
action arising under a tribal program approved under section 504(e), an interested party
may file a petition for judicial review of the civil action in the United States circuit court
for the circuit in which the surface coal mining operation named in the petition is located.
(ii) Scope of review.
(I) Questions of law. The United States circuit court shall review de
novo any questions of law under clause (i).
(II) Findings of fact. The United States circuit court shall review
findings of fact under clause (i) using a clearly erroneous standard.
(B) Criminal actions. Any criminal action brought under section 518 with
respect to surface coal mining or reclamation operations on Indian reservation lands shall
be brought in -(i) the United States District Court for the District of Columbia; or
(ii) the United States district court in which the criminal activity is alleged
to have occurred.
(5) Grants.
(A) In general. Except as provided in subparagraph (B), grants for developing,
administering, and enforcing tribal programs approved in accordance with section 504(e)
shall be provided to an Indian tribe in accordance with section 705.
125

(B) Exception. Notwithstanding subparagraph (A), the Federal share of the
costs of developing, administering, and enforcing an approved tribal program shall be
100 percent.
(6) Report. Not later than 18 months after the date on which a tribal program is
approved under subsection (e) of section 504, the Secretary shall submit to the
appropriate committees of Congress a report, developed in cooperation with the
applicable Indian tribe, on the tribal program that includes a recommendation of the
Secretary on whether primary regulatory authority under that subsection should be
expanded to include additional Indian lands.
♦

SECTION 711 – EXPERIMENTAL PRACTICES
[30 U.S.C. 1301]
In order to encourage advances in mining and reclamation practices or to allow postmining land use for industrial, commercial, residential, or public use (including
recreational facilities), the regulatory authority with approval by the Secretary may
authorize departures in individual cases on an experimental basis from the environmental
protection performance standards promulgated under sections 515 and 516 of this Act.
Such departures may be authorized if (i) the experimental practices are potentially more
or at least as environmentally protective, during and after mining operations, as those
required by promulgated standards; (ii) the mining operations approved for particular
land-use or other purposes are not larger or more numerous than necessary to determine
the effectiveness and economic feasibility of the experimental practices; and (iii) the
experimental practices do not reduce the protection afforded public health and safety
below that provided by promulgated standards.
♦

SECTION 712 – AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1302]
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 September 30, 1978, $25,000,000 for each of the two succeeding
fiscal years, and in such fiscal years such additional amounts as may be necessary for
increases in salary, pay, retirement, other employee benefits authorized by law, and other
nondiscretionary costs.
(b) For the implementation and funding of section 507(c), see the provisions of
section 401(c)(9).
126

(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 funds 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 ending
September 30, 1977, for the administration and other purposes of the Act.
♦

SECTION 713 – COORDINATION OF REGULATORY
AND INSPECTION ACTIVITIES
[30 U.S.C. 1303]
(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 [42
USC §§ 7101 et seq.], and by existing or subsequently enacted Federal mine safety and
health laws, except that no such coordination shall be required with respect to mine safety
and health inspections, advance notice of which is or may be prohibited by existing or
subsequently enacted Federal mine safety and health laws.
(b) The President may execute the coordination required by this section by means of
an Executive order, or by any other mechanism he determines to be appropriate.
♦

SECTION 714 – SURFACE OWNER PROTECTION
[30 U.S.C. 1304]
(a) Applicability
The provisions of this section shall apply where coal owned by the United States under
land the surface rights to which are owned by a surface owner as defined in this section is
to be mined by methods other than underground mining techniques.

127

(b) Lease of coal deposits governed by 30 U.S.C. 201
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 [30 U.S.C. 201(a)].
(c) Consent to lease by surface owner
The Secretary shall not enter into any lease of Federal coal deposits until the surface
owner has given written consent to enter and commence surface mining operations and
the Secretary has obtained evidence of such consent. Valid written consent given by any
surface owner prior to August 3, 1977, shall be deemed sufficient for the purposes of
complying with this section.
(d) Preferences
In order to minimize disturbance to surface owners from surface coal mining of Federal
coal deposits and to assist in the preparation of comprehensive land-use plans required by
section 2(a) of the Mineral Lands Leasing Act of 1920, as amended [30 USC § 201(a)],
the Secretary shall consult with any surface owner whose land is proposed to be included
in a leasing tract and shall ask the surface owner to state his preference for or against the
offering of the deposit under his land for lease. The Secretary shall, in his discretion but
to the maximum extent practicable, refrain from leasing coal deposits for development by
methods other than underground mining techniques in those areas where a significant
number of surface owners have stated a preference against the offering of the deposits for
lease.
(e) "Surface owner" defined
For the purpose of this section the term “surface owner” means the natural person or
persons (or corporation, the majority stock of which is held by a person or persons who
meet the other requirements of this section) who -(1) hold legal or equitable title to the land surface;
(2) have their principal place of residence on the land; or personally conduct
farming or ranching operations upon a farm or ranch unit to be affected by surface coal
mining operations; or receive directly a significant portion of their income, if any, from
such farming or ranching operations; and
(3) have met the conditions of paragraphs (1) and (2) for a period of at least three
years prior to the granting of the consent.
In computing the three-year period the Secretary may include periods during
which title was owned by a relative of such person by blood or marriage during which
period such relative would have met the requirements of this subsection.
(f) Exception
This section shall not apply to Indian lands.
128

(g) Effect on property rights of United States or any other landowner
Nothing in this section shall be construed as increasing or diminishing any property rights
by the United States or by any other landowner.
♦

SECTION 715 – FEDERAL LESSEE PROTECTION
[30 U.S.C. 1305]
In those instances where the coal proposed to be mined by surface coal mining operations
is owned by the Federal Government and the surface is subject to a lease or a permit
issued by the Federal Government, the application for a permit shall include either:
(1) the written consent of the permittee or lessee of the surface lands involved to
enter and commence surface coal mining operations on such land, or in lieu thereof;
(2) evidence of the execution of a bond or undertaking to the United States or the
State, whichever is applicable, for the use and benefit of the permittee or lessee of the
surface lands involved to secure payment of any damages to the surface estate which the
operations will cause to the crops, or to the tangible improvements of the permittee or
lessee of the surface lands as may be determined by the parties involved, or as determined
and fixed in an action brought against the operator or upon the bond in a court of
competent jurisdiction. This bond is in addition to the performance bond required for
reclamation under this Act.
♦

SECTION 716 – EFFECT ON RIGHTS OF OWNER OF COAL IN
ALASKA TO CONDUCT SURFACE MINING OPERATIONS
[30 U.S.C. 1306]
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 [43 USC §§ 1601 et seq.]:
Provided, That such surface coal mining operations meet the requirements of the Act.
♦

SECTION 717 – WATER RIGHTS AND REPLACEMENT
[30 U.S.C. 1307]
(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
129

by a surface coal mining operation.
(b) The operator of a surface coal mine shall replace the water supply of an owner of
interest in real property who obtains all or part of his supply of water for domestic,
agricultural, industrial, or other legitimate use from an underground or surface source
where such supply has been affected by contamination, diminution, or interruption
proximately resulting from such surface coal mine operation.
♦

SECTION 718 – ADVANCE APPROPRIATIONS
[30 U.S.C. 1308]
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.
♦

SECTION 719 – CERTIFICATION AND TRAINING OF BLASTERS
[30 U.S.C. 1309]
In accordance with this Act, the Secretary of the Interior (or the approved State
regulatory authority as provided for in section 503 of this Act shall promulgate
regulations requiring the training, examination, and certification of persons engaging in
or directly responsible for blasting or use of explosives in surface coal mining operations.
♦

SECTION 720 -- SUBSIDENCE
[30 U.S.C. 1309a]
(a) Requirements
Underground coal mining operations conducted after October 24, 1992, shall comply
with each of the following requirements:
(1) Promptly repair, or compensate for, material damage resulting from
subsidence caused to any occupied residential dwelling and structures related thereto, or
non-commercial building due to underground coal mining operations. Repair of damage
shall include rehabilitation, restoration, or replacement of the damaged occupied
residential dwelling and structures related thereto, or non-commercial building.
Compensation shall be provided to the owner of the damaged occupied residential
dwelling and structures related thereto or non-commercial building and shall be in the full
amount of the diminution in value resulting from the subsidence. Compensation may be
130

accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid
insurance policy.
(2) Promptly replace any drinking, domestic, or residential water supply from a
well or spring in existence prior to the application for a surface coal mining and
reclamation permit, which has been affected by contamination, diminution, or
interruption resulting from underground coal mining operations.
Nothing in this section shall be construed to prohibit or interrupt underground
coal mining operations.
(b) Regulations
Within one year after October 24, 1992, the Secretary shall, after providing notice and
opportunity for public comment, promulgate final regulations to implement subsection
(a).
♦

SECTION 721 -- RESEARCH
[30 U.S.C. 1309b]
The Office of Surface Mining Reclamation and Enforcement is authorized to conduct
studies, research and demonstration projects relating to the implementation of, and
compliance with, title V of this Act, and provide technical assistance to states for that
purpose. Prior to approving any such studies, research or demonstration projects the
Director, Office of Surface Mining Reclamation and Enforcement, shall first consult with
the Director, Bureau of Mines, and obtain a determination from such Director that the
Bureau of Mines is not already conducting like or similar studies, research or
demonstration projects. Studies, research and demonstration projects for the purposes of
title IV of this Act shall only be conducted in accordance with section 401(c)(6). 27

♦♦♦

27

Section 401(c)(6), referred to in text, was repealed and paragraph (8) of section 401(c)
was as redesignated (6) by Pub. L. 109-432, div. C, title II, Sec. 201(a)(1), Dec. 20, 2006,
120 Stat. 3006.
131

TITLE VIII – UNIVERSITY COAL RESEARCH LABORATORIES
SECTION 801 – ESTABLISHMENT OF UNIVERSITY COAL
RESEARCH LABORATORIES
[30 U.S.C. 1311]
(a) Designation by Secretary of Energy
The Secretary of Energy, after consultation with the National Academy of Engineering,
shall designate thirteen institutions of higher education at which university coal research
laboratories will be established and operated. Ten such designations shall be made as
provided in subsection (e) and the remaining three shall be made in fiscal year 1980.
(b) Criteria
In making designations under this section, the Secretary of Energy shall consider the
following criteria:
(1) Those ten institutions of higher education designated as provided in
subsection (e) 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) Location of coal laboratories
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 United States Bureau of Mines, including Alaska.
(d) Period for submission of applications for designation; contents
The Secretary of Energy shall establish a period, not in excess of ninety days after August
3, 1977, for the submission of applications for designation under this section. Any
institution of higher education desiring to be designated under this title shall submit an
application to the Secretary of Energy in such form, at such time, and containing or
accompanied by such information as the Secretary of Energy may reasonably require.
Each application shall -(1) describe the facilities to be established for coal energy resources and
conversion research and research on related environmental problems including facilities
for interdisciplinary academic research projects by the combined efforts of specialists
such as mining engineers, mineral engineers, geochemists, mineralogists, mineral
132

economists, fuel scientists, combustion engineers, mineral preparation engineers, coal
petrographers, geologists, chemical engineers, civil engineers, mechanical engineers, and
ecologists;
(2) set forth a program for the establishment of a test laboratory for coal
characterization which, in addition, may be used as a site for the exchange of coal
research activities by representatives of private industry engaged in coal research and
characterization;
(3) set forth a program for providing research and development activities for
students engaged in advanced study in any discipline which is related to the development
of adequate energy supplies in the United States. The research laboratory shall be
associated with an ongoing educational and research program on extraction and
utilization of coal.
(e) Time limit. The Secretary of Energy shall designate the ten institutions of higher
education under this section not later than ninety days after the date on which such
applications are to be submitted.
♦

SECTION 802 – FINANCIAL ASSISTANCE
[30 U.S.C. 1312]
(a) The Secretary of Energy is authorized to make grants to any institution of higher
education designated under section 801 to pay the Federal share of the cost of
establishing (including the construction of such facilities as may be necessary) and
maintaining a coal laboratory.
(b) Each institution of higher education designated pursuant to section 801 shall
submit an application to the Secretary of Energy. Each such application shall-(1) set forth the program to be conducted at the coal laboratory which includes
the purposes set forth in section 801(d);
(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 Secretary of Energy may require, and for keeping such records and affording such
access thereto as may be necessary to assure the correctness and verification of such
reports; and
(5) set forth such policies and procedures as will insure that Federal funds made
available under this section for any fiscal year will be so used as to supplement and, to
the extent practical, increase the level of funds that would, in the absence of such Federal
133

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.
♦

SECTION 803 – LIMITATION ON PAYMENTS
[30 U.S.C. 1313]
(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.
♦

SECTION 804 – PAYMENTS: FEDERAL SHARE
OF OPERATING EXPENSES
[30 U.S.C. 1314]
(a) From the amounts appropriated pursuant to section 806, the Secretary of Energy
shall pay to each institution of higher education 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.
♦

SECTION 805 – ADVISORY COUNCIL ON COAL RESEARCH
[30 U.S.C. 1315]
(a) Establishment; members
There is established an Advisory Council on Coal Research which shall be composed of-(1) the Secretary of Energy, who shall be Chairman;
(2) the Director of the United States Bureau of Mines of the Department of the
Interior;

134

(3) the President of the National Academy of Sciences;
(4) the President of the National Academy of Engineering;
(5) the Director of the United States Geological Survey; and
(6) six members appointed by the Secretary of Energy from among individuals
who, by virtue of experience or training, are knowledgeable in the field of coal research
and mining, and who are representatives of institutions of higher education, industrial
users of coal and coal-derived fuels, the coal industry, mine workers, nonindustrial
consumer groups, and institutions concerned with the preservation of the environment.
(b) Advice by Council
The Advisory Council shall advise the Secretary of Energy with respect to the general
administration of this title, and furnish such additional advice as he may request.
(c) Annual report to President; transmittal to Congress
The Advisory Council shall make an annual report of its findings and recommendations
(including recommendations for changes in the provisions of this title) to the President
not later than December 31 of each calendar year. The President shall transmit each such
report to the Congress.
(d) Compensation and travel expenses
(1) Members of the Council who are not regular officers or employees of the
United States Government shall, while serving on business of the Council, be entitled to
receive compensation at rates fixed by the Secretary of Energy but not exceeding the
daily rate prescribed for GS-18 of the General Schedule under section 5332 of title 5,
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) Alternate members
Whenever a member of the Council appointed under clauses (1) through (5) is unable to
attend a meeting, that member shall appoint an appropriate alternate to represent him for
that meeting.
♦

135

SECTION 806 – AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1316]
(a) For the ten institutions referred to in the last sentence of section 801 (a) there are
authorized to be appropriated not to exceed $30,000,000 for the fiscal year ending
September 30, 1979 (including the cost of construction, equipment, and startup
expenses), and not to exceed $7,500,000 for the fiscal year 1980 and for each fiscal year
thereafter through the fiscal year ending before October 1, 1984, to carry out the
provisions of this title.
(b) For the three remaining institutions referred to in the last sentence of section
801(a), there are authorized to be appropriated not to exceed $6,500,000 for the fiscal
year 1980 (including the cost of construction, equipment, and startup expenses), and not
to exceed $2,000,000 for each fiscal year after fiscal year 1980 ending before October 1,
1984, to carry out the provisions of this title.

♦♦♦

136

TITLE IX – ENERGY RESOURCE GRADUATE FELLOWSHIPS
SECTION 901 – FELLOWSHIP AWARDS
[30 U.S.C. 1321]
(a) Award of fellowships
The Secretary of Energy is authorized to award under the provisions of this title not to
exceed one thousand fellowships for the fiscal year ending September 30, 1979, and each
of the five succeeding fiscal years. Fellowships shall be awarded under the provisions of
this title for graduate study and research in those areas of applied science and engineering
that are related to the production, conservation, and utilization of fuels and energy.
Fellowships shall be awarded to students in programs leading to master’s degrees. Such
fellowships may be awarded for graduate study and research at any institution of higher
education, library, archive, or any other research center approved by the Secretary of
Energy after consultation with the Secretary of Education.
(b) Term
Such fellowships shall be awarded for such periods as the Administrator may determine,
but not to exceed two years.
(c) Replacement awards
In addition to the number of fellowships authorized to be awarded by subsection (a) of
this section, the Secretary of Energy is authorized to award fellowships equal to the
number previously awarded during any fiscal year under this 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 Secretary of Energy may determine.
♦

SECTION 902 – FELLOWSHIP RECIPIENTS
[30 U.S.C. 1322]
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.
137

♦

SECTION 903 – DISTRIBUTION OF FELLOWSHIPS
[30 U.S.C. 1323]
In awarding fellowships under the provisions of this title, the Secretary of Energy shall
endeavor to provide equitable distribution of such fellowships throughout the Nation,
except that the Secretary of Energy shall give special attention to institutions of higher
education, libraries, archives, or other research centers which have a demonstrated
capacity to offer courses of study or research in the field of energy resources and
conservation and conversion and related disciplines. In carrying out his responsibilities
under this section, the Secretary of Energy shall take into consideration the projected
need for highly trained engineers and scientists in the field of energy sources.
♦

SECTION 904 – STIPENDS AND INSTITUTIONS
OF HIGHER EDUCATION ALLOWANCES
[30 U.S.C. 1324]
(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 subsection (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.
♦

SECTION 905 – LIMITATION ON FELLOWSHIPS
[30 U.S.C. 1325]
No fellowship shall be awarded under this title for study at a school or department of
divinity. For the purpose of this section, the term “school or department of divinity”
means an institution or department or branch of an institution, whose program is
specifically for the education of students to prepare them to become ministers of religion
or to enter upon some other religious vocation or to prepare them to teach theological
subjects.

138

♦

SECTION 906 – FELLOWSHIP CONDITIONS
[30 U.S.C. 1326]
(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 Secretary
of Energy finds that he is maintaining satisfactory proficiency in, and devoting essentially
full time to, study or research in the field in which such fellowship was awarded, in an
institution of higher education, and is not engaging in gainful employment other than
part-time employment in teaching, research, or similar activities, approved by the
Secretary of Energy.
(b) The Administrator [Secretary of Energy] shall require reports containing such
information in such forms and to be filed at such times as he determines necessary from
each person awarded a fellowship under the provisions of this 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 Secretary of Energy,
stating that such person is making satisfactory progress in, and is devoting essentially full
time to the research for which the fellowship was awarded.
♦

SECTION 907 – AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1327]
There are authorized to be appropriated $11,000,000 for the fiscal year ending September
30, 1979, and for each of the five succeeding fiscal years. For payments for the initial
awarding of fellowships awarded under this 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.
♦

SECTION 908 – RESEARCH AND DEMONSTRATION PROJECTS
OF ALTERNATIVE COAL MINING TECHNOLOGIES
[30 U.S.C. 1328]
(a) Authorization
The Secretary of the Interior is authorized to conduct and promote the coordination and
acceleration of, research, studies, surveys, experiments, demonstration projects, and
training relating to -139

(1) the development and application of coal mining technologies which provide
alternatives to surface disturbance and which maximize the recovery of available coal
resources, including the improvement of present underground mining methods, methods
for the return of underground mining wastes to the mine void, methods for the
underground mining of thick coal seams and very deep seams; and
(2) safety and health in the application of such technologies, methods, and means.
(b) Contracts; grants
In conducting the activities authorized by this section, the Secretary of the Interior may
enter into contracts with and make grants to qualified institutions, agencies,
organizations, and persons.
(c) Appropriations
There are authorized to be appropriated to the Administrator [Secretary of the Interior], to
carry out the purposes of this section, $35,000,000 for each fiscal year beginning with the
fiscal year 1979, and for each year thereafter for the next four years.
(d) Determinations; publication in Federal Register; report to Congress
At least sixty days before any funds are obligated for any research studies, surveys,
experiments or demonstration projects to be conducted or financed under this Act in any
fiscal year, the Administrator [Secretary of the Interior] in consultation with the heads of
other Federal agencies having the authority to conduct or finance such projects, shall
determine and publish such determinations in the Federal Register that such projects are
not being conducted or financed by any other Federal agency. On December 31 of each
calendar year, the Secretary shall report to the Congress on the research studies, surveys,
experiments or demonstration projects, conducted or financed under this Act, including,
but not limited to, a statement of the nature and purpose of each project, the Federal cost
thereof, the identity and affiliation of the persons engaged in such projects, the expected
completion date of the projects and the relationship of the projects to other such projects
of a similar nature.
(e) Information available to public
Subject to the patent provisions of section 306(d) of this Act 28, all information and data
resulting from any research studies, surveys, experiments, or demonstration projects
conducted or financed under this Act shall be promptly made available to the public.
~~~~~~~~~~~~~~~~~~~~~~~~~
28

"Section 306(d) of this Act", referred to in subsec. (e), was classified as
30 U.S.C. 1226(d) prior to its omission in the general revision of 30 U.S.C. 1221 et seq.
by Act Aug. 29, 1984, P.L. 98-409, 98 Stat. 1536.
140

HISTORY & SUPPLEMENTARY INFORMATION
TITLE I – STATEMENT OF FINDINGS AND POLICY
SECTION 101 – CONGRESSIONAL FINDINGS
[30 U.S.C. 1201]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title I, § 101, 91 Stat. 447
ANCILLARY LAWS AND DIRECTIVES:
References in text:
“This Act”, referred to in subsecs. (e), (f), and (k), is Act Aug. 3, 1977, P.L. 95-87, 91 Stat.
445, popularly known as the Surface Mining Control and Reclamation Act of 1977, which appears
as 30 USC §§ 1201 et seq.
Short titles:
Act Aug. 3, 1977, P.L. 95-87, § 1, 91 Stat. 445, provided: “This Act may be cited as the
‘Surface Mining Control and Reclamation Act of 1977’.”.
Act Aug. 29, 1984, P.L. 98-409, § 11, as added by Act Oct. 12, 1988, P.L. 100-483, § 12, 102
Stat. 1241; Oct. 19, 1996, P.L. 104-312, § 1(b), 110 Stat. 3819, provides: “This Act [30 USC §§
1221 et seq.] may be cited as the ‘Mining and Mineral Resources Institutes Act’.”.
Act Oct. 12, 1988, P.L. 100-483, § 13, 102 Stat. 1241, provides: “This Act may be cited as the
‘Mining and Mineral Resources Research Institute Amendments of 1988’.”.
Act Nov. 2, 1990, P.L. 101-498, § 1, 104 Stat. 1207, provides: “This Act [adding 30 USC §
1230a] may be cited as the ‘Strategic and Critical Minerals Act of 1990’.”.
Act Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6001, 104 Stat. 1388-289, provides:
“This subtitle [amending 30 USC §§ 1231 et seq.] may be cited as the ‘Abandoned Mine
Reclamation Act of 1990’.”.
Act Dec. 20, 2006, P.L. 109-432, Div C, Title II, § 200, 120 Stat. 3006, provides: “This title
may be cited as the ‘Surface Mining Control and Reclamation Act Amendments of 2006’”.

♦

SECTION 102 – STATEMENT OF PURPOSE
[30 U.S.C. 1202]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title I, § 102, 91 Stat. 448

141

ANCILLARY LAWS AND DIRECTIVES:
References in text:
“This Act”, referred to in subsecs. (c), (g), and (i), is Act Aug. 3, 1977, P.L. 95-87, 91 Stat.
445, popularly known as the Surface Mining Control and Reclamation Act of 1977, which appears
as 30 USC §§ 1201 et seq. For full classification of this Act, consult USC Tables volumes.

♦♦♦

TITLE II – OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
SECTION 201 – OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
[30 U.S.C. 1211]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title II, § 201, 91 Stat. 449
March 7, 1978, P.L. 95-240, Title I, § 100, 92 Stat. 109
Dec. 11, 1980, P.L. 96-511, § 4(b), 94 Stat. 2826
ANCILLARY LAWS AND DIRECTIVES
References in text:
“Section 5315 of the United States Code”, referred to in subsec. (a), is probably intended to
be a reference to 5 USC § 5316, which provides for pay rates for level V of the Executive
Schedule.
The “General Schedule”, referred to in subsec. (b), appears following 5 USC § 5332.
“This Act”, referred to in subsecs. (b), (c)(1), (2), (5), (9), (12), (13), (f), and (g)(1), (2), (4), is
Act Aug. 3, 1977, P.L. 95-87, 91 Stat. 445, popularly known as the Surface Mining Control and
Reclamation Act of 1977, which appears as 30 USC §§ 1201 et seq.
The “Federal Coal Mine Health and Safety Act of 1969” and “the 1969 Act”, referred to in
subsecs. (b) and (d), is Act Dec. 30, 1969, P.L. 91-173, 83 Stat. 742, which was popularly known as
the Federal Coal Mine Health and Safety Act of 1969, prior to its redesignation as the Federal Mine
Safety and Health Act of 1977, by Act Nov. 9, 1977, P.L. 95-164, Title I, § 101, 91 Stat. 1290, and
appears generally as 30 USC §§ 801 et seq.
Amendments:
1978. Act March 7, 1978, in subsec. (b), in the sentence beginning “The Office shall have . .
.”, substituted “level V” for “level IV”. See Reference in text note for explanation of “section 5315
of the United States Code”.
1980. Act Dec. 11, 1980 (effective 4/1/81, as provided by § 5 of such Act), deleted subsec.
(e), which read: “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.”.

142

Transfer of functions:
The functions of the Civil Service Commission were transferred to the Director of the Office
of Personnel Management, effective Jan. 1, 1979, by Reorg. Plan No. 2 of 1978, § 102, which
appears as 42 USC § 1101 note.
Other provisions:
GS 16-18 pay rates. Act Nov. 5, 1990, P.L. 101-509, Title V, § 529 [Title I, § 101(c)-(e)], 104
Stat. 1442, which appears as 5 USC § 5376 note, provides for the construction of references to rates
of pay for GS 16-18 employees.
Termination of reporting requirements. For termination, effective May 15, 2000, of provisions
in subsec. (f) of this section relating to requirement to report to Congress on actions taken and not
taken under such subsection, see § 3003 of Act Dec. 21, 1995, P.L. 104-66, which appears as 31
USC § 1113 note. See also page 109 of House Document No. 103-7.
Travel and per diem expenses. Act Dec. 26, 2007, P.L. 110-161, Div G, Title I, 121 Stat. 2109,
provides: “Appropriations for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.”.
Similar provisions appeared in Acts
Oct. 23, 1989, P.L. 101-121, Title I, 103 Stat. 712;
Sept. 27, 1988, P.L. 100-446, Title I, 102 Stat. 1793;
Nov. 5, 1990, P.L. 101-512, Title I, 104 Stat. 1927;
Nov. 13, 1991, P.L. 102-154, Title I, 105 Stat. 1002;
Oct. 5, 1992, P.L. 102-381, Title I, 106 Stat. 1387;
Nov. 11, 1993, P.L. 103-138, Title I, 107 Stat. 1389;
Sept. 30, 1994, P.L. 103-332, Title I, 108 Stat. 2510;
April 26, 1996, P.L. 104-134, Title I [Title I], 110 Stat. 1321-168,
as amended May 2, 1996, P.L. 104-140, § 1(a), 110 Stat. 1327;
Sept. 30, 1996, P.L. 104-208, Div A, Title I, § 101(d) [Title I],
110 Stat. 3009-191;
Nov. 14, 1997, P.L. 105-83, Title I, 111 Stat. 1553;
Oct. 21, 1998, P.L. 105-277, Div A, § 101(e) [Title I], 112 Stat. 2681-244;
Nov. 29, 1999, P.L. 106-113, Div B, § 1000(a)(3), 113 Stat. 1535
(enacting into law Title I of H.R. 3423 (113 Stat. 1501A-147),
as introduced on Nov. 17, 1999);
Oct. 11, 2000, P.L. 106-291, Title I, 114 Stat. 933;
Nov. 5, 2001, P.L. 107-63, Title I, 115 Stat. 429;
Feb. 20, 2003, P.L. 108-7, Div F, 117 Stat. 230;
Nov. 10, 2003, P.L. 108-108, Title I, 117 Stat. 1256;
Dec. 8, 2004, P.L. 108-447, Div E, Title I, 118 Stat. 3054;
Aug. 2, 2005, P.L. 109-54, Title I, 119 Stat. 512.

♦♦♦

143

TITLE III – STATE MINING AND MINERAL RESOURCES
AND RESEARCH INSTITUTES
[Note: Title III is no longer a part of SMCRA; it is part of a related Act the Mining
and Mineral Resources Research Institute Act of 1984, Public Law No. 98-409, as
amended.]

SECTION 301 – AUTHORIZATION OF STATE ALLOTMENTS
TO INSTITUTES
[30 U.S.C. 1221]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title III, § 301, 91 Stat. 451
Aug. 29, 1984, P.L. 98-409, § 1, 98 Stat. 1536
Oct. 12, 1988, P.L. 100-483, §§ 2-4, 102 Stat. 2339
ANCILLARY LAWS AND DIRECTIVES:
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
A prior § 1221 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.
Amendments:
1988. Act Oct. 12, 1988 in subsec. (a)(1) substituted “$400,000 for each of the fiscal years
ending September 30, 1990, through September 30, 1994” for “$300,000 for the fiscal year ending
September 30, 1985, and $400,000 to each participating State for each fiscal year thereafter for a
total of five years”; and in subsec. (a)(2), substituted a new subpara. (A) for one which read:
“Funds appropriated under this section shall be made available for grants to be matched on a basis
of no less than one and one-half non-Federal dollars for each Federal dollar during the fiscal years
ending September 30, 1985, and September 30, 1986, and no less than to non-Federal dollars for
each Federal dollar during the fiscal years ending September 30, 1987, September 30, 1988, and
September 30, 1989.”; in subsec. (b) inserted “fuel and nonfuel” immediately after “production of”.
Short titles:
Act Aug. 29, 1984, P.L. 98-409, § 11, as added by Act Oct. 12, 1988, P.L. 100-483, § 12,
102 Stat. 1241; Oct. 19, 1996, P.L. 104-312, § 1(b), 110 Stat. 3819, provides: “This Act [30 USC
§§ 1221 et seq.] may be cited as the ‘Mining and Mineral Resources Institutes Act’.”.
Act Oct. 12, 1988, P.L. 100-483, § 13, 102 Stat. 1241, provides: “This Act may be cited as the
‘Mining and Mineral Resources Research Institute Amendments of 1988’.”.

♦

144

SECTION 302 – RESEARCH FUNDS TO INSTITUTES
[30 U.S.C. 1222]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title III, § 302, 91 Stat. 452
Aug. 29, 1984, P.L. 98-409, § 2, 98 Stat. 1537
Oct. 12, 1988, P.L. 100-483, § 5, 102 Stat. 2339
As amended, Oct. 19, 1996, P.L. 104-312, § 1(a), 110 Stat. 3819
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
A prior § 1222 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.
Amendments:
1988. Act Oct. 12, 1988, in subsec. (a), substituted the sentence beginning “There is
authorized to be appropriated . . .” for one which read: “There is authorized to be appropriated to
the Secretary $10,000,000 for the fiscal year ending September 30, 1985.”; deleted the sentence
which read “This amount shall be increased by $1,000,000 for each fiscal year thereafter for four
additional years, which shall remain available until expended.”; and in the sentence beginning
“Such funds when appropriated . . .” substituted “an institute or to institutes participating in a
generic mineral technology center” for “institutes”.
1996. Act Oct. 19, 1996, in subsec. (a), added the concluding matter.

♦

SECTION 303 – FUNDING CRITERIA
[30 U.S.C. 1223]
HISTORY:
Act Aug. 29, 1984, P.L. 98-409, § 3, 98 Stat. 1538
ANCILLARY LAWS AND DIRECTIVES:
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
A prior § 1223 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.

♦

145

SECTION 304 – DUTIES OF SECRETARY
[30 U.S.C. 1224]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 4, 98 Stat. 1538
Oct. 12, 1988, P.L. 100-483, § 6, 102 Stat. 2340
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
The words “United States” have been inserted preceding “Bureau of Mines” in subsec. (a) on
the authority of § 10(b) of Act May 18, 1992, P.L. 102-285, which redesignates the Bureau of
Mines as the United States Bureau of Mines. See 30 USC § 1 note.
Subsec. (c) of this section, which has been omitted, terminated effective May 15, 2000,
pursuant to § 3003 of Act Dec. 21, 1995, P.L. 104-66, which appears as 31 USC § 1113 note (see
also page 109 of House Document No. 103-7). Such subsection required the Secretary to make an
annual report to Congress on the receipts, expenditures, and work of the institutes in all States
under the provisions of 30 USC §§ 1221 et seq.
A prior § 1224 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.
Amendments:
1988. Act Oct. 12, 1988, in subsec. (a), in the sentence beginning “The Secretary shall
administer . . .”, inserted “, acting through the Director of the Bureau of Mines,” immediately after
“The Secretary”.

♦

SECTION 305 – EFFECT ON COLLEGES AND UNIVERSITIES
[30 U.S.C. 1225]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 5, 98 Stat. 1539
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
A prior § 1225 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.

♦

146

SECTION 306 – RESEARCH
[30 U.S.C. 1226]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 6, 98 Stat. 153
Oct. 12, 1988, P.L. 100-483, § 7, 102 Stat. 2340
ANCILLARY LAWS AND DIRECTIVES
References in text:
“Public Law 96-517”, referred to in subsec. (c), is Act Dec. 12, 1980, P.L. 96-517, 94 Stat.
3015, which appears generally as 35 USC §§ 301 et seq.
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
A prior § 1226 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.
Amendments:
1988. Act Oct. 12, 1988, substituted a new subsec. (d) for one which read: “There are
authorized to be appropriated after September 30, 1984, such sums as are necessary for the printing
and publishing of the results of activities carried out by institutes under this Act for administrative
planning and direction, but such appropriations shall not exceed $1,000,000 in any single fiscal
year.”.

♦

SECTION 307 – CENTER FOR CATALOGING
[30 U.S.C. 1227]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 7, 98 Stat. 1540
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
A prior § 1227 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.

♦

147

SECTION 308 – INTERAGENCY COOPERATION
[30 U.S.C. 1228]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 8, 98 Stat. 1540
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
A prior § 1228 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.

♦

SECTION 309 – COMMITTEE ON MINING AND MINERAL
RESOURCES RESEARCH
[30 U.S.C. 1229]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 9, 98 Stat. 1540
Oct. 12, 1988, P.L. 100-483, §§ 8, 9, 102 Stat. 1240
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”
The words “United States” were inserted preceding “Bureau of Mines” in subsec. (a)(2) on the
authority of Act May 18, 1992, P.L. 102-285, § 10(b), 106 Stat. 172, which redesignates the
Bureau of Mines as the United States Bureau of Mines. See 30 USC § 1 note.
A prior § 1229 was omitted in the general revision of this subchapter by Act Aug. 29, 1984,
P.L. 98-409, 98 Stat. 1536.
Amendments:
1988. Act Oct. 12, 1988, in subsec. (a)(7), substituted “7” for “six” wherever it appeared, and
substituted “this Act, 3” for “section 301 of the Surface Mining Control and Reclamation Act of
1977, two”; and in subsec. (e), in the sentence beginning “The Committee shall submit . . .”,
substituted “submit an annual update of such plan by January 15 of each calendar year” for “update
the plan annually thereafter”.
Other provisions:
Reports. Act Oct. 12, 1988, P.L. 100-483, § 11, 102 Stat. 1241, provides:
“(a) Report on programs. The Committee on Mining and Mineral Resources Research
established under section 9 of the Mining and Mineral Resources Research Institute Act of 1984
(30 U.S.C. 1229) shall submit a report by January 15, 1992, to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate on the programs established under that Act. Such

148

report may be submitted in conjunction with the annual plan update required by section 9(e) of such
Act (30 U.S.C. 1229(e)) and shall include, but not necessarily be limited to, each of the following:
“(1) A review of the activities of the institutes and generic mineral technology centers
established under the Mining and Mineral Resources Research Institute Act of 1984 [30 USC §§
1221 et seq.].
“(2) A review of each institute’s eligibility pursuant to section 10 of the Mining and
Mineral Resources Research Institute Act of 1984 (30 U.S.C. 1230).
“(3) A review of each generic mineral technology center’s eligibility. In conducting such
review the committee shall consider the following criteria:
“(A) Relevance and effectiveness of the research conducted.
“(B) Need for further research in the generic area.
“(4) Recommendations on establishing a mechanism by which new generic mineral
technology centers can be established and existing centers can be phased-out or consolidated upon
the completion of their mission.
“(b) Report on proposal for center. The committee shall submit a proposal to establish a
Generic Mineral Technology Center on Strategic and Critical Minerals to the Committee on
Interior and Insular Affairs of the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate by January 15, 1990.”.
GS 16-18 pay rates. Act Nov. 5, 1990, P.L. 101-509, Title V, § 529 [Title I, § 101(c)-(e)],
104 Stat. 1442, which appears as 5 USC § 5376 note, provides for the construction of references to
rates of pay for GS 16-18 employees.
Termination of reporting requirements. For termination, effective May 15, 2000, of
provisions in subsec. (e) of this section requiring submission of annual updates of the national plan
to Congress, see § 3003 of Act Dec. 21, 1995, P.L. 104-66, which appears as 31 USC § 1113 note.
See also page 157 of House Document No. 103-7.

♦

SECTION 310 – ELIGIBILITY CRITERIA
[30 U.S.C. 1230]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 10, 98 Stat. 1541
Oct. 12, 1988, P.L. 100-483, 102 Stat. 2340
ANCILLARY LAWS AND DIRECTIVES
References in text:
The “Mining and Mineral Resources Research Institute Amendments of 1988”, referred to in
subsec. (b)(1), is Act Oct. 12, 1988, P.L. 100-483, 102 Stat. 2339.
“Section 11(a)(2) and 11(a)(3) of the Mining and Mineral Resources Research Institute
Amendments of 1988”, referred to in subsec. (b)(1), (2), is § 11(a)(2) and 11(a)(3) of Act Oct. 12,
1988, P.L. 100-483, 102 Stat. 2339, which appear as 30 USC § 1229 note.
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”

149

Amendments:
1988. Act Oct. 12, 1988, substituted a new subsec. (b) for one which read: “Notwithstanding
the provisions of subsection (a), those colleges or universities which, on the date of enactment of
this Act, have a mining or mineral resources research institute program which has been found to be
eligible pursuant to title III of the Surface Mining Control and Reclamation Act of 1977 (91 Stat.
445) shall continue to be eligible pursuant to this Act for a period of four fiscal years beginning
October 1, 1984.”.

♦

SECTION 310a – STRATEGIC RESOURCES GENERIC MINERAL
TECHNOLOGY CENTER
[30 U.S.C. 1230a]
HISTORY:
Aug. 29, 1984, P.L. 98-409, § 12
As added Nov. 2, 1990, P.L. 101-498, § 2, 104 Stat. 1207

ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
As of 1984, Title III is no longer part of SMCRA but a related Act, the ‘Mining and Mineral
Institute Act of 1984’, P.L. 98-409, 98 Stat. 1536.”

♦♦♦

TITLE IV – ABANDONED MINE RECLAMATION
SECTION 401 – ABANDONED MINE RECLAMATION FUND
[30 U.S.C. 1231]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 401, 91 Stat. 456
Oct. 12, 1984, P.L. 98-473, Title I, § 101(c), 98 Stat. 1875
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6002, 104 Stat. 1388-289
Oct. 24, 1992, P.L. 102-486, Title XIX, Subtitle C, § 19143(b)(3)(A), Title XXV, §
2504(c)(1), 106 Stat. 3056, 3105.)
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 201(a), 120 Stat. 3006

ANCILLARY LAWS AND DIRECTIVES
Amendments:
1984. Act Oct. 12, 1984, in subsec. (c)(1), deleted “and” following “in situ;”, and inserted
“and establishment of self-sustaining, individual State administered programs to insure private
property against damages caused by land subsidence resulting from underground coal mining in

150

those States which have reclamation plans approved in accordance with section 503 of this Act:
Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available
to any State under section 402(g)(2) of this Act;”.
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as a note to this section), in subsec. (b), substituted para. (1), for one which read: “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 authorization under section 712: Provided further, That not
more than $10,000,000 shall be available for such purposes;” in para. (3), deleted “and” after the
concluding semicolon, in para. (4), substituted”; and” for the concluding period, and added para.
(5); in subsec. (c), in para. (1), substituted “402(g)(1)” for “402(g)(2)”, substituted para. (2) for one
which read: “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 Agriculture for such purposes;”, in para. (6), deleted “by contract” after “Interior” and
inserted “conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of
1986”, in para. (9), deleted “and” after the semicolon, deleted para. (10), which read: “all other
necessary expenses to accomplish the purposes of this title.”, and added paras. (10)-(12); and added
subsec. (e).
1992. Act Oct. 24, 1992, in subsec. (c), in para. (6), inserted “, research, and demonstration
projects” and deleted “to provide information, advice, and technical assistance, including research
and demonstration projects” following “private organizations”; in para. (11), deleted “and”
following “purpose;”, redesignated para. (12) as para. (13), and added a new para. (12).
2006. Act Dec. 20, 2006, in subsec. (c), deleted para. (2), which read: “(2) for transfer on an
annual basis to the Secretary of Agriculture for use under section 406;”, redesignated paras. (3)-(5)
as paras. (2)-(4), respectively, deleted para. (6), which read: “(6) studies, research, and
demonstration projects by the Department of the Interior to such extent or in such amounts as are
provided in appropriation Acts with public and private organizations conducted in accordance with
section 3501 of the Omnibus Budget Reconciliation Act of 1986, conducted for the purposes of this
title;”, and redesignated paras. (7)-(13) as paras. (5)-(11), respectively; substituted subsec. (d) for
one which read: “(d) Moneys available upon appropriation; no fiscal year limitation. 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.”; in subsec. (e), substituted “achieving
the purposes of the transfers under section 402(h)” for “the needs of such fund”, and inserted “for
the purpose of the transfers under section 402(h)”; and added subsec. (f).
Other provisions:
Abandoned mine reclamation research and development. Act Oct. 21, 1986, P.L. 99-509,
Title III, Subtitle F, § 3501, 100 Stat. 1891, provides, “After the enactment of this Act [enacted Oct.
21, 1986], the research and demonstration authorities of the Department of the Interior under the
provisions of section 401(c)(6) of the Surface Mining Control and Reclamation Act of 1977 (Public
Law 95-87) shall be transferred to, and carried out by, the Director of the [United States] Bureau of
Mines. Research and demonstration projects under such provision shall be selected by a panel
appointed by the Director of the [United States] Bureau of Mines to be comprised of 9 persons,
including 4 representatives of State abandoned mine reclamation programs, 4 representatives of the

151

[United States] Bureau of Mines, and one representative of the Office of Surface Mining
Reclamation and Enforcement.”.
Savings clause. Act Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6013, 104 Stat. 1388298, provides: “Nothing in this subtitle [generally amending 30 USC §§ 1231 et seq.] shall be
construed to affect the certifications made by the State of Wyoming, the State of Montana, and the
State of Louisiana to the Secretary of the Interior prior to the date of enactment of this subtitle that
such State has completed the reclamation of eligible abandoned coal mine lands.”.
Effective date of amendments made by Subtitle A of Title VI of Act Nov. 5, 1990. Act Nov.
5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6014, 104 Stat. 1388-298, provides: “The
amendments made by this subtitle [generally amending 30 USC §§ 1231 et seq.] shall take effect at
the beginning of the first fiscal year immediately following the fiscal year in which this subtitle is
enacted.”.
Donations to Appalachian Clean Streams Initiative and Western Mine Lands
Restoration Partnerships Initiative. Act Oct. 21, 1998, P.L. 105-277, Div A, § 101(e) [Title I],
112 Stat. 2681-245, provides: “Hereafter, donations received to support projects under the
Appalachian Clean Streams Initiative and under the Western Mine Lands Restoration Partnerships
Initiative, pursuant to 30 U.S.C. 1231, shall be credited to this account and remain available until
expended without further appropriation for projects sponsored under these initiatives, directly
through agreements with other Federal agencies, or through grants to States, and funding to local
governments, or tax exempt private entities.”.

♦

SECTION 402 – RECLAMATION FEE
[30 U.S.C. 1232]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 402, 91 Stat. 457
May 7, 1987, P.L. 100-34, Title I, § 101, 101 Stat. 300
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, §§ 6003, 6004, 104 Stat. 1388-290, 1388291
Oct. 24, 1992, P.L. 102-486, Title XIX, Subtitle C, § 19143(b)(1), (2), (3)(B), Title XXV, §
2515, 106 Stat. 3056, 3113.)
As amended Dec. 8, 2004, P.L. 108-447, Div E, Title I, § 135(a), 118 Stat. 3068
May 11, 2005, P.L. 109-13, Div A, Title VI, § 6035, 119 Stat. 289
Aug. 2, 2005, P.L. 109-54, Title I, § 129, 119 Stat. 525
June 15, 2006, P.L. 109-234, Title VII, § 7007, 120 Stat. 483
Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 202, 120 Stat. 3008
Oct. 3, 2008, P.L. 110-343, Div C, Title VI, § 602, 122 Stat. 3911
ANCILLARY LAWS AND DIRECTIVES
References in text:
“This Act”, referred to in subsec. (a), is Act Aug. 3, 1977, P.L. 95-87, popularly known as the
Surface Mining Control and Reclamation Act of 1977, which appears generally as 30 USC §§ 1201
et seq.

152

Prospective amendment:
Amendment of subsec. (a), effective October 1, 2012. Act Dec. 20, 2006, P.L. 109-432, Div C,
Title II, Subtitle A, § 202(a)(2), 120 Stat. 3008, provides:
“Effective October 1, 2012, section 402(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(a)) (as amended by paragraph (1)) is amended -“(A) by striking ‘31.5’ and inserting ‘28’;
“(B) by striking ‘13.5’ and inserting ‘12’; and
“(C) by striking ‘9 cents’ and inserting ‘8 cents’.”.
Amendments:
1987. Act May 7, 1987, in subsec. (g), added new para. (3) and redesignated former para. (3)
as para. (4).
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note), in subsec. (b), substituted “September 30, 1995” for “fifteen years
after the date of enactment of this Act unless extended by an Act of Congress”; in subsec. (c),
added the four sentences beginning “Such statement shall include. . . .”, “The report shall also
specify. . . .”, “Each quarterly report. . . .”, and “The information contained. . . .”; in subsec. (d),
designated the existing provisions as para. (1), and added para. (2); in subsec. (f), added the
sentence beginning “Whenever the Secretary believes. . . .”; and substituted subsec. (g) for one
which read:
“(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 reservation by the Secretary pursuant to any approved
abandoned mine reclamation 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 Act 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) Special State set-aside for future expenditure. Notwithstanding the proviso
contained in paragraph (2), any State may receive and retain, without regard to the three-year
limitation referred to in such proviso, up to ten per centum of the appropriated funds granted
annually by the Secretary to that State under paragraph (2) if such moneys are deposited in a
special trust fund established under State law and such moneys (together with all interest earned on
such moneys) may be expended by the State solely to accomplish the purposes of this title after
August 3, 1992. All moneys so deposited in special State trust accounts, as well as all interest
earned, shall be considered State moneys. This paragraph shall cease to apply to any State for fiscal
years after any fiscal year in which approval of the State regulatory program under section 503 is
terminated or withdrawn by the Secretary until the first subsequent fiscal year after the fiscal year
in which the Secretary reapproves the State program.

153

“(4) 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 States those projects funded directly or in conjunction with other Federal agencies.”.
1992. Act Oct. 24, 1992, in subsec. (b), substituted “2004, after which time the fee shall be
established at a rate to continue to provide for the deposit referred to in subsection (h)” for “1995”;
in subsec. (g)(1), substituted “Except as provided in subsection (h), moneys” for “Moneys”; and
added subsec. (h).
Such Act further purported to substitute “September 30, 2004” for “September 30, 1995”;
however, because of prior amendments, this amendment could not be executed.
2004. Act Dec. 8, 2004, in subsec. (b), substituted “June 30, 2005” for “September 30, 2004”.
2005. Act May 11, 2005, in subsec. (b), substituted “September 30, 2005,” for “June 30,
2005,”.
Act Aug. 2, 2005, in subsec. (b), substituted “June 30, 2006,” for “September 30, 2005,”.
2006. Act June 15, 2006, in subsec. (b), substituted “September 30, 2007” for “June 30,
2006”.
Act Dec. 20, 2006, in subsec. (g), in para. (1)(D), inserted “(except for grants awarded during
fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years)”, substituted “under
paragraph (5)” for “under paragraph (2), (3), (4), or (5)”, substituted para. (2) for one which read:
“(2) 20 percent of the amounts available in the fund in any fiscal year which are not allocated under
paragraph (1) in that fiscal year (including that interest accruing as provided in section 401(e) and
including funds available for reallocation pursuant to paragraph (1)(D)), shall be allocated to the
Secretary only for the purpose of making the annual transfer to the Secretary of Agriculture under
section 401(c)(2).”, in para. (3), in the introductory matter, substituted “paragraph” for “paragraphs
(2) and”, in subpara. (A), substituted “401(c)(9)” for “401(c)(11)”, and added subpara. (E), in para.
(5), designated the existing provisions as subpara. (A), substituted “60” for “40”, substituted
“Funds made available under paragraph (3) or (4)” for “Funds allocated or expended by the
Secretary under paragraphs (2), (3), or (4)”, and added subpara. (B), and substituted paras. (6)-(8)
for ones which read:
“(6) Any State may receive and retain, without regard to the 3-year limitation referred to in
paragraph (1)(D), up to 10 percent of the total of the grants made annually to such State under
paragraphs (1) and (5) if such amounts are deposited into either -“(A) a special trust fund established under State law pursuant to which such amounts
(together with all interest earned on such amounts) are expended by the State solely to achieve the
priorities stated in section 403(a) after September 30, 1995, or
“(B) an acid mine drainage abatement and treatment fund established under State law as
provided in paragraph (7).
“(7)(A) Any State may establish under State law an acid mine drainage abatement and
treatment fund from which amounts (together with all interest earned on such amounts) are
expended by the State to implement, in consultation with the Soil Conservation Service, acid mine
drainage abatement and treatment plans approved by the Secretary. Such plans shall provide for the
comprehensive abatement of the causes and treatment of the effects of acid mine drainage within
qualified hydrologic units affected by coal mining practices.
“(B) The plan shall include, but shall not be limited to, each of the following:

154

“(i) An identification of the qualified hydrologic unit.
“(ii) The extent to which acid mine drainage is affecting the water quality and
biological resources within the hydrologic unit.
“(iii) An identification of the sources of acid mine drainage within the hydrologic
unit.
“(iv) An identification of individual projects and the measures proposed to be
undertaken to abate and treat the causes or effects of acid mine drainage within the hydrologic unit.
“(v) The cost of undertaking the proposed abatement and treatment measures.
“(vi) An identification of existing and proposed sources of funding for such
measures.
“(vii) An analysis of the cost-effectiveness and environmental benefits of abatement
and treatment measures.
“(C) The Secretary may approve any plan under this paragraph only after determining
that such plan meets the requirements of this paragraph. In conducting an analysis of the items
referred to in clauses (iv), (v), and (vii) the Director of the Office of Surface Mining shall obtain the
comments of the Director of the Bureau of Mines. In approving plans under this paragraph, the
Secretary shall give a priority to those plans which will be implemented in coordination with
measures undertaken by the Secretary of Agriculture under section 406.
“(D) For purposes of this paragraph, the term ‘qualified hydrologic unit’ means a
hydrologic unit -“(i) in which the water quality has been significantly affected by acid mine drainage
from coal mining practices in a manner which adversely impacts biological resources; and
“(ii) which contains lands and waters which are -“(I) eligible pursuant to section 404 and include any of the priorities stated in
paragraph (1), (2), or (3) of section 403(a); and
“(II) proposed to be the subject of the expenditures by the State (from amounts
available from the forfeiture of bonds required under section 509 or from other State sources) to
mitigate acid mine drainage.
“(8) Of the funds available for expenditure under this subsection in any fiscal year, the
Secretary shall allocate annually not less than $2,000,000 for expenditure in each State, and for
each Indian tribe, having an approved abandoned mine reclamation program pursuant to section
405 and eligible lands and waters pursuant to section 404 so long as an allocation of funds to such
State or such tribe is necessary to achieve the priorities stated in paragraphs (1) and (2) of 403(a).”;
and substituted subsecs. (h) and (i) for former subsec. (h), which read:
“(h) Transfer of funds to Combined Fund.
“(1) In the case of any fiscal year beginning on or after October 1, 1995, with respect to
which fees are required to be paid under this section, the Secretary shall, as of the beginning of
such fiscal year and before any allocation under subsection (g), make the transfer provided in
paragraph (2).
“(2) The Secretary shall transfer from the fund to the United Mine Workers of America
Combined Benefit Fund established under section 9702 of the Internal Revenue Code of 1986 for
any fiscal year an amount equal to the sum of -“(A) the amount of the interest which the Secretary estimates will be earned and paid to
the Fund during the fiscal year plus
“(B) the amount by which the amount described in subparagraph (A) is less than
$70,000,000.
“(3)(A) The aggregate amount which may be transferred under paragraph (2) for any fiscal
year shall not exceed the amount of expenditures which the trustees of the Combined Fund estimate
will be debited against the unassigned beneficiaries premium account under section 9704(e) of the

155

Internal Revenue Code of 1986 for the fiscal year of the Combined Fund in which the transfer is
made.
“(B) The aggregate amount which may be transferred under paragraph (2)(B) for all
fiscal years shall not exceed an amount equivalent to all interest earned and paid to the fund after
September 30, 1992, and before October 1, 1995.
“(4) If, for any fiscal year, the amount transferred is more or less than the amount required to
be transferred, the Secretary shall appropriately adjust the amount transferred for the next fiscal
year.”.
Such Act further (effective 9/30/2007, as provided by § 202(a)(1) of such Act, which appears
as a note to this section), in subsec. (b), substituted “September 30, 2021.” for “September 30,
2007, after which time the fee shall be established at a rate to continue to provide for the deposit
referred to in subsection (h).”.
Such Act further (effective 10/1/2007, as provided by § 202(a)(1) of such Act, which appears
as a note to this section), in subsec. (a), substituted “31.5” for “35”, substituted “13.5” for “15”, and
substituted “9 cents” for “10 cents”.
2008. Act Oct. 3, 2008, in subsec. (i)(1)(C), substituted “$9,000,000 on October 1, 2009, and
$9,000,000 on October 1, 2010” for “and $9,000,000 on October 1, 2009”.
Other provisions:
Effective date of amendments made by § 202(a)(1) of Act Dec. 20, 2006. Act Dec. 20, 2006,
P.L. 109-432, Div C, Title II, Subtitle A, § 202(a)(1), 120 Stat. 3008, provides that the amendments
made by such section to subsec. (a) of this section are effective October 1, 2007.
Effective date of amendments made by § 202(a)(2) of Act Dec. 20, 2006. Act Dec. 20, 2006,
P.L. 109-432, Div C, Title II, Subtitle A, § 202(a)(2), 120 Stat. 3008, provides that the amendments
made by such section to subsec. (a) of this section are effective October 1, 2012.
Effective date of amendment made by § 202(b) of Act Dec. 20, 2006. Act Dec. 20, 2006,
P.L. 109-432, Div C, Title II, Subtitle A, § 202(b), 120 Stat. 3008, provides that the amendment
made by such section to subsec. (b) of this section is effective September 30, 2007.

♦

SECTION 403 – OBJECTIVES OF FUND
[30 U.S.C. 1233]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 403, 91 Stat. 458
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6005, 104 Stat. 1388-294
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2504(c)(2), (e), 106 Stat. 3105, 3106
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 203, 120 Stat. 3015
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note) designated the existing provisions as subsec. (a) and, in such

156

subsec., added the heading and inserted “, except as provided for under section 411,”; and added
subsecs. (b) and (c).
1992. Act Oct. 24, 1992, in subsec. (a), deleted para. (4), which read: “(4) research and
demonstration projects relating to the development of surface mining reclamation and water quality
control program methods and techniques;”, and renumbered paras. (5) and (6) as paras. (4) and (5),
respectively; and in subsec. (b)(2), inserted “, or as the case may be, the dates (and under the
criteria) set forth under section 402(g)(4)(B)” in two places.
2006. Act Dec. 20, 2006, in subsec. (a), in para. (1), designated the existing provisions as
subpara. (A), deleted “general welfare,” following “safety,”, and added subpara. (B), in para. (2),
designated the existing provisions as subpara. (A), substituted “health and safety” for “health,
safety, and general welfare”, and added subpara. (B), and deleted paras. (4) and (5), which read:
“(4) the protection, repair, replacement, construction, or enhancement of public facilities such
as utilities, roads, recreation, and conservation facilities adversely affected by coal mining
practices;
“(5) the development of publicly owned land adversely affected by coal mining practices
including land acquired as provided in this title for recreation and historic purposes, conservation,
and reclamation purposes and open space benefits.”;
in subsec. (b), substituted the subsection heading for one which read: “Utilities and other
facilities.”, and in para. (1), deleted “up to 30 percent of the” preceding “funds”; and, in subsec. (c),
inserted “, subject to the approval of the Secretary,”.
Such Act further purported to amend subsec. (a)(3) by striking the semicolon at the end and
inserting a period; however, such amendment could not be executed because subsec. (a)(3) did not
contain a semicolon.

♦

SECTION 404 – ELIGIBLE LANDS AND WATER
[30 U.S.C. 1234]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 404, 91 Stat. 459
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6006, 104 Stat. 1388-295
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2503(d), 106 Stat. 3103
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note) inserted “, except as provided for under section 411” and added
the sentence beginning “For other provisions. . . .”.
1992. Act Oct. 24, 1992, inserted “Surface coal mining operations on lands eligible for
remining shall not affect the eligibility of such lands for reclamation and restoration under this title
after the release of the bond or deposit for any such operation as provided under section 519. In the
event the bond or deposit for a surface coal mining operation on lands eligible for remining is
forfeited, funds available under this title may be used if the amount of such bond or deposit is not

157

sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the
Secretary shall immediately exercise his authority under section 410.”.

♦

SECTION 405 – STATE RECLAMATION PROGRAM
[30 U.S.C. 1235]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 405, 91 Stat. 459
July 11, 1987, P.L. 100-71, Title I, Ch VI, 101 Stat. 416
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, §§ 6007, 6012(d)(1), (2), 104 Stat. 1388-295,
1388-298
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1987. Act July 11, 1987, in subsec. (k), added “except for purposes of subsection (c) of this
section with respect to the Navajo, Hopi and Crow Indian Tribes”.
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note), in subsec. (a), substituted “preparation” for “perparation”; in
subsec. (h), substituted “Upon approval” for “Upon approved”; and added subsec. (l).
Other provisions:
Grants to States. Act Dec. 21, 1982, P.L. 97-377, Title I, § 150, 96 Stat. 1918, provides:
“Within 60 days of receipt of a complete abandoned mine reclamation fund grant application from
any eligible State under the provisions of the Surface Mining Control and Reclamation Act (91
Stat. 460) [30 USC §§ 1201 et seq.] the Secretary of Interior shall grant to such State any and all
funds available for such purposes in the applicable appropriations Act.”.

♦

SECTION 406 – RECLAMATION OF RURAL LANDS
[30 U.S.C. 1236]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 406, 91 Stat. 460
Dec. 22, 1981, P.L. 97-98, Title XV, Subtitle J, § 1551, 95 Stat. 1344
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, §§ 6008, 6012(c), (d)(3), 104 Stat. 1388-295,
1388-298
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 204, 120 Stat. 3016
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1981. Act Dec. 22, 1981 (effective upon enactment on 12/22/81, as provided by § 1801 of
such Act, which appears as 7 USC § 4301 note), in subsec. (d), added the sentence beginning
“Notwithstanding any other . . . .”.

158

1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note), in subsec. (a), substituted “(including owners” for “including
owners”; in subsec. (d), deleted “experimental” before “reclamation”; and deleted subsec. (i),
which read: “Funds shall be made available to the Secretary of Agriculture for the purposes of this
section, as provided in section 401.”.
2006. Act Dec. 20, 2006, in subsec. (h), substituted “Natural Resources Conservation Service”
for “Soil Conservation Service”; and added subsec. (i).

♦

SECTION 407 – ACQUISITION AND RECLAMATION OF LAND
ADVERSELY AFFECTED BY PAST COAL MINING PRACTICES
[30 U.S.C. 1237]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 407, 91 Stat. 462
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6012(d) (4)-(7), 104 Stat. 1388-298
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note), in subsec. (a), in para. (4), substituted a semicolon for the
concluding period, and, in the concluding matter, substituted “then” for “Then”; in subsec. (e),
substituted “paragraph (1) of subsection (c)” for “paragraph (1), of this subsection; and, in subsec.
(g)(2), substituted “the use or” for “the use of”.

♦

SECTION 408 – LIENS
[30 U.S.C. 1238]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 408, 91 Stat. 465
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 205, 120 Stat. 3016
ANCILLARY LAWS AND DIRECTIVES
Amendments:
2006. Act Dec. 20, 2006, in subsec. (a), deleted “who owned the surface prior to May 2, 1977,
and” following “this subsection,”.

♦

159

SECTION 409 – FILLING VOIDS AND SEALING TUNNELS
[30 U.S.C. 1239]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 409, 91 Stat. 465
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6009, 104 Stat. 1388-296
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note) in subsec. (a), substituted “the governing body of an Indian tribe”
for “chairman of any tribe”; in subsec. (b), substituted “or Indian tribes under the provisions of
paragraphs (1) and (5) of section 402(g)” for “or Indian reservations under the provisions of
subsection 402(g)”; and substituted subsec. (c) for one which read: “The Secretary may make
expenditures and carry out the purposes of this section without regard to provisions of section 404
in such States or Indian reservations where requests are made by the Governor or tribal chairman
and only after all reclamation with respect to abandoned coal lands or coal development impacts
have been met, except for those reclamation projects relating to the protection of the public health
or safety.”.

♦

SECTION 410 – EMERGENCY POWERS
[30 U.S.C. 1240]
HISTORY:

Aug. 3, 1977, P.L. 95-87, Title IV, § 410, 91 Stat. 466
♦

SECTION 411 – CERTIFICATION
[30 U.S.C. 1240a]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 411
As added Nov. 5, 1990, P.L. 101-508, Title VI, § 6010(2), 104 Stat. 1388-296
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 206,
3016

120 Stat.

ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
A prior § 411 was redesignated § 412 and appears as 30 USC § 1241.
Effective date of section:
This section is effective at the beginning of the first fiscal year immediately following the
fiscal year in which Subtitle A of Title VI of Act Nov. 5, 1990, P.L. 101-508, is enacted. See Act

160

Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6014, 104 Stat. 1388-298, which appears as 30
USC § 1231 note.
Amendments:
2006. Act Dec. 20, 2006, in subsec. (a), designated the existing provisions as para. (1), and
added para. (2); and added subsec. (h).

♦

SECTION 412 – [OMITTED]
[30 U.S.C. 1241]
HISTORY; ANCILLARY LAWS AND DIRECTIVES
This section (Act Aug. 3, 1977, P.L. 95-87, Title IV, § 412 [411], 91 Stat. 406; Nov. 5, 1990,
P.L. 101-508, Title VI, Subtitle A, § 6010(a), 104 Stat. 1388-296) terminated, effective May 15,
2000, pursuant to § 3003 of Act Dec. 21, 1995, P.L. 104-66, which appears as 31 USC § 1113 note
(see also page 109 of House Document No. 103-7). It provided for an annual report to Congress on
operations under the Abandoned Mine Reclamation Fund, including recommendations as to future
uses of the Fund.

♦

SECTION 413 – POWERS OF SECRETARY OR STATE
[30 U.S.C. 1242]
HISTORY:
Aug. 3, 2977, P.L. 95-87, Title IV, § 413 [412], 91 Stat. 466
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6010(a), 104 Stat. 1388-195
ANCILLARY LAWS AND DIRECTIVES
References in text:
The “Federal Water Pollution Control Act”, referred to in subsec. (d), was Act June 30, 1948,
ch 758, 62 Stat. 1155, which appeared as 33 USC §§ 1151 et seq., prior to its omission as
superseded by Act Oct. 18, 1970, P.L. 92-500, § 2, 86 Stat. 816. Similar provisions appear as 33
USC §§ 1251 et seq.
Redesignation:
This section, enacted as § 412 of Act Aug. 3, 2977, P.L. 95-87, Title IV, 91 Stat. 466, was
redesignated as § 413 of such Act by Act Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, §
6010(1), 104 Stat. 1388-296, effective at the beginning of the first fiscal year immediately
following the fiscal year in which such Act was enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note.

♦

161

SECTION 414 – INTERAGENCY COOPERATION
[30 U.S.C. 1243]
HISTORY:
Aug. 3, 2977, P.L. 95-87, Title IV, § 414 [413], 91 Stat. 467
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6010(a), 104 Stat. 1388-195
ANCILLARY LAWS AND DIRECTIVES
Redesignation:
This section, enacted as § 413 of Act Aug. 3, 2977, P.L. 95-87, Title IV, 91 Stat. 467, was
redesignated as § 414 of such Act by Act Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, §
6010(1), 104 Stat. 1388-296, effective at the beginning of the first fiscal year immediately
following the fiscal year in which such Act was enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note.

♦

SECTION 415 – REMINING INCENTIVES
[30 U.S.C. 1244]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IV, § 415
As added Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 207, 120 Stat. 3018

♦♦♦

TITLE V – CONTROL OF THE ENVIRONMENTAL IMPACTS OF
SURFACE COAL MINING
SECTION 501 – ENVIRONMENTAL PROTECTION STANDARDS
[30 U.S.C. 1251]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 501, 91 Stat. 467
ANCILLARY LAWS AND DIRECTIVES
References in text:
The “Federal Water Pollution Control Act”, referred to in subsec. (a)(B), was Act June 30,
1948, ch 758, 62 Stat. 1155, which appeared as 33 USC §§ 1151 et seq., prior to its omission as
superseded by Act Oct. 18, 1970, P.L. 92-500, § 2, 86 Stat. 816. Similar provisions appear as 33
USC §§ 1251 et seq.
The “Clean Air Act”, referred to in subsec. (a)(B), is Act July 14, 1955, ch 360, as amended,
which appeared as 42 USC §§ 1857 et seq, and was transferred by Act Aug. 7, 1977, P.L. 95-95, 91
Stat. 685. Similar provisions appear as 42 USC §§ 7401 et seq.

162

♦

SECTION 501a – ABANDONED COAL REFUSE SITES
[30 U.S.C. 1251a]
HISTORY:
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2503(e), 106 Stat. 3103
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
This section was enacted as part of Act Oct. 24, 1992, P.L. 102-486, 106 Stat. 2776, popularly
known as the Energy Policy Act of 1992, and not as part of Act Aug. 3, 1977, P.L. 95-87, 91 Stat.
445, popularly known as Surface Mining Control and Reclamation Act of 1977, which generally
comprises this chapter.

♦

SECTION 502 – INITIAL REGULATORY PROCEDURES
[30 U.S.C. 1252]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 502, 91 Stat. 468

♦

SECTION 503 – STATE PROGRAMS
[30 U.S.C. 1253]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 503, 91 Stat. 470
ANCILLARY LAWS AND DIRECTIVES
References in text:
The “Federal Water Pollution Control Act”, referred to in subsec. (b)(2), was Act June 30, 1948, ch
758, 62 Stat. 1155, which appeared as 33 USC §§ 1151 et seq., prior to its omission as superseded
by Act Oct. 18, 1970, P.L. 92-500, § 2, 86 Stat. 816. Similar provisions appear as 33 USC §§ 1251
et seq.
The “Clean Air Act”, referred to in subsec. (b)(2), is Act July 14, 1955, ch 360, as amended, which
appeared as 42 USC §§ 1857 et seq, and was transferred by Act Aug. 7, 1977, P.L. 95-95, 91 Stat.
685. Similar provisions appear as 42 USC §§ 7401 et seq.

♦

163

SECTION 504 – FEDERAL PROGRAMS
[30 U.S.C. 1254]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 504, 91 Stat. 471

♦

SECTION 505 – STATE LAWS
[30 U.S.C. 1255]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 505, 91 Stat. 473

♦

SECTION 506 – PERMITS
[30 U.S.C. 1256]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 506, 91 Stat. 473

♦

SECTION 507 – APPLICATION REQUIREMENTS
[30 U.S.C. 1257]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 507, 91 Stat. 474
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6011, 104 Stat. 1388-297
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2513, 106 Stat. 3112
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note), in subsec. (c), substituted “300,000” for “100,000”.
1992. Act Oct. 24, 1992, substituted subsec. (c) for one which read: “(c) Requirements of
subsec. (b)(11) and (15) for small operators; costs assumed by regulatory authority. If the
regulatory authority finds that the probable total annual production at all locations of any coal
surface mining operator will not exceed 300,000 tons, the determination of probable hydrologic
consequences required by subsection (b)(11) and the statement of the result of test borings or core

164

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.”; and added subsec. (h).
Other provisions:
Preparation of cross-sections, maps and plans of land by or under direction of qualified
registered professional engineers, geologists, or land surveyors. Act Nov. 4, 1983, P.L. 98-146,
Title I, § 115, 97 Stat. 938, provides: “Notwithstanding section 507(b)(14) of the Surface Mining
Control and Reclamation Act of 1977 (Public Law 95-87) [subsec. (b)(14) of this section], crosssections, maps or plans of land to be affected by an application for a surface mining and
reclamation permit shall be prepared by or under the direction of a qualified registered professional
engineer or geologist, or qualified registered professional land surveyor in any State which
authorizes land surveyors to prepare and certify such maps or plans.”.

♦

SECTION 508 – RECLAMATION PLAN REQUIREMENTS
[30 U.S.C. 1258]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 508, 91 Stat. 478

♦

SECTION 509 – PERFORMANCE BONDS
[30 U.S.C. 1259]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 509, 91 Stat. 479

♦

SECTION 510 – PERMIT APPROVAL OR DENIAL
[30 U.S.C. 1260]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 510, 91 Stat. 480
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2503(a), 106 Stat. 3102
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 208, 120 Stat. 3019
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
The bracketed word “in” was inserted in subsec. (c) as the word probably intended by
Congress.
The bracketed word “the” was inserted in subsec. (d)(1) as the word probably intended by
Congress.

165

Amendments:
1992. Act Oct. 24, 1992, added subsec. (e).
2006. Act Dec. 20, 2006, in subsec. (e), deleted “The authority of this subsection and section
515(b)(20)(B) shall terminate on September 30, 2004.” following “under subsection (c).”.

♦

SECTION 511 – REVISION OF PERMITS
[30 U.S.C. 1261]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 511, 91 Stat. 483

♦

SECTION 512 – COAL EXPLORATION PERMITS
[30 U.S.C. 1262]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 512, 91 Stat. 483

♦

SECTION 513 – PUBLIC NOTICE AND PUBLIC HEARINGS
[30 U.S.C. 1263]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 513, 91 Stat. 484

♦

SECTION 514 – DECISIONS OF REGULATORY AUTHORITY
AND APPEALS
[30 U.S.C. 1264]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 514, 91 Stat. 485

♦

166

SECTION 515 – ENVIRONMENTAL PROTECTION PERFORMANCE
STANDARDS
[30 U.S.C. 1265]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 515, 91 Stat. 486
Oct. 18, 1986, P.L. 99-500
Oct. 30, 1986, P.L. 99-591,Title I, § 101(h), 100 Stat. 3341-267
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2503(b), 106 Stat. 3102
ANCILLARY LAWS AND DIRECTIVES
References in text:
“Public Law 83-566”, referred to in subsec. (b)(8)(B), is Act Aug. 4, 1954, ch 656, 68 Stat.
666, and appears generally as 16 USC §§ 1001 et seq.
Explanatory notes:
The bracketed comma was inserted in subsec. (b)(8)(F) as the punctuation probably intended
by Congress.
The bracketed word “and” was inserted in subsec. (b)(24) as the word probably intended by
Congress.
Act Oct. 30, 1986, P.L. 99-591 is a corrected version of Act Oct. 18, 1986, P.L. 99-500.
Amendments:
1986. Acts Oct. 18, 1986, and Oct. 30, 1986, in subsec. (b)(10)(B)(ii), inserted “or a qualified
registered professional land surveyor in any State which authorizes land surveyors to prepare and
certify such maps or plans”.
1992. Act Oct. 24, 1992, in subsec. (b), in para. (20), designated the existing provisions as
subpara. (A), and added subpara. (B).

♦

SECTION 516 – SURFACE EFFECTS OF UNDERGROUND
COAL MINING OPERATIONS
[30 U.S.C. 1266]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 516, 91 Stat. 495
ANCILLARY LAWS AND DIRECTIVES
References in text:
The “Federal Coal Mine Health and Safety Act of 1969” and “such Act”, referred to in subsec.
(a), is Act Dec. 30, 1969, P.L. 91-173, 83 Stat. 742, which was redesignated as the Federal Mine
Safety and Health Act of 1977 by Act Nov. 9, 1977, P.L. 95-164, Title I, § 101, 91 Stat. 1290, and
appears generally as 30 USC §§ 801 et seq.

♦
167

SECTION 517 – INSPECTIONS AND MONITORING
[30 U.S.C. 1267]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 517, 91 Stat. 498
ANCILLARY LAWS AND DIRECTIVES
Other provisions:
Termination of reporting requirements. For termination, effective May 15, 2000, of
provisions in subsec. (g) of this section requiring a report to Congress on actions taken and not
taken under subsec. (g), see § 3003 of Act Dec. 21, 1995, P.L. 104-66, which appears as 31 USC §
1113 note. See also page 109 of House Document No. 103-7.

♦

SECTION 518 – PENALTIES
[30 U.S.C. 1268]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 518, 91 Stat. 499

♦

SECTION 519 – RELEASE OF PERFORMANCE BONDS
OR DEPOSITS
[30 U.S.C. 1269]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 519, 91 Stat. 501

♦

SECTION 520 – CITIZEN SUITS
[30 U.S.C. 1270]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 520, 91 Stat. 503

♦

168

SECTION 521 – ENFORCEMENT
[30 U.S.C. 1271]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 521, 91 Stat. 504

♦

SECTION 522 – DESIGNATING AREAS UNSUITABLE
FOR SURFACE COAL MINING
[30 U.S.C. 1272]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 522, 91 Stat. 507
ANCILLARY LAWS AND DIRECTIVES
References in text:
“The “Federal Coal Leasing Amendments Act of 1975”, referred to in subsec. (e)(2)(B), is Act
Aug. 4, 1976, P.L. 94-377, 90 Stat. 1083.
The “National Forest Management Act of 1976”, referred to in subsec. (e)(2)(B), is Act Oct.
22, 1976, P.L. 94-588, 90 Stat. 2949.

♦

SECTION 523 – FEDERAL LANDS
[30 U.S.C. 1273]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 523, 91 Stat. 510

♦

SECTION 524 – PUBLIC AGENCIES, PUBLIC UTILITIES,
AND PUBLIC CORPORATIONS
[30 U.S.C. 1274]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 524, 91 Stat. 511

♦

SECTION 525 – REVIEW BY SECRETARY
[30 U.S.C. 1275]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 525, 91 Stat. 511

169

♦

SECTION 526 – JUDICIAL REVIEW
[30 U.S.C. 1276]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 526, 91 Stat. 512

♦

SECTION 527 – SPECIAL BITUMINOUS COAL MINES
[30 U.S.C. 1277]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 527, 91 Stat. 513

♦

SECTION 528 – SURFACE MINING OPERATIONS
NOT SUBJECT TO 30 USC §§ 1201 et seq.
[30 U.S.C. 1278]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 528, 91 Stat. 514
May 7, 1987, P.L. 100-34, Title II, § 201(a), 101 Stat. 300
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1987. Act May 7, 1987, inserted “and” at the end of para. (1), deleted former para. (2), which
read “(2) the extraction of coal for commercial purposes where the surface mining operation affects
two acres or less; and”, and redesignated former para. (3) as para. (2).
Other provisions:
Effective date of amendment made by Act May 7, 1987. Act May 7, 1987, P.L. 100-34, Title
II, § 201(b)-(e), 101 Stat. 300 provided:
“(b) Effective date for new operations. The amendments made by this section shall take effect
on the date 30 days after the enactment of this Act with respect to each operator commencing
surface coal mining operations on or after such date.
“(c) Effective date for existing operations. The amendments made by this section [amending
30 USC § 1278] shall take effect on the date 6 months after the enactment of this Act with respect
to each operator commencing surface coal mining operations pursuant to an authorization under
State law before the date 30 days after the enactment of this Act. Nothing in this Act shall preclude
reclamation activities pursuant to State law or regulations at the site of any surface coal mine which

170

was exempt from the Surface Mining Control and Reclamation Act of 1977 under section 528(2) of
that Act [30 USC § 1278(2)], as in effect before the enactment of this Act.
“(d) Effect on state law. To the extent that any provision of a State law, or of a State
regulation, adopted pursuant to the exception under section 528(2) of the Surface Mining Control
and Reclamation Act of 1977 [30 USC § 1278(2)] as in effect before the enactment of this Act, is
inconsistent with the amendments made by this section [amending 30 USC § 1278], such provision
shall be of no further force and effect after the effective date of such amendments [effective May 7,
1987].
“(e) Definition. For purposes of this section, the term ‘surface coal mining operations’ has the
meaning provided by section 701(28) of the Surface Mining Control and Reclamation Act of 1977
[30 USC § 1291(28)].”.

♦

SECTION 529 – ANTHRACITE COAL MINES
[30 U.S.C. 1279]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title V, § 529, 91 Stat. 514
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
Subsec. (b) of this section, which has been omitted, terminated effective May 15, 2000,
pursuant to § 3003 of Act Dec. 21, 1995, P.L. 104-66, which appears as 31 USC § 1113 note (see
also page 109 of House Document No. 103-7). Such subsection required the Secretary of the
Interior to report to Congress biennially on the effectiveness of State anthracite regulatory
programs operating in conjunction with the Surface Mining Control and Reclamation Act of 1977
(30 USC §§ 1201 et seq.) with respect to protecting the environment.

♦

TITLE VI – DESIGNATION OF LANDS UNSUITABLE FOR
NONCOAL MINING
SECTION 601 – DESIGNATION PROCEDURES
[30 U.S.C. 1281]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VI, § 601, 91 Stat. 515

♦♦♦

171

TITLE VII – ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
SECTION 701 -- DEFINITIONS
[30 U.S.C. 1291]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 701, 91 Stat. 516
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2503(c), 106 Stat. 3103
As amended Oct. 7, 1998, P.L. 105-244, Title I, § 102(a)(10), 112 Stat. 1620
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1992. Act Oct. 24, 1992, in para. (32), substituted a semicolon for the concluding period, and
added paras. (33) and (34).
1998. Act Oct. 7, 1998 (effective on 10/1/98, as provided by § 3 of such Act, which appears as
20 USC § 1001 note), in para. (32), substituted “101” for “1201(a)”.

♦

SECTION 702 – OTHER FEDERAL LAWS
[30 U.S.C. 1292]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 702, 91 Stat. 519
ANCILLARY LAWS AND DIRECTIVES
References in text:
The “Federal Coal Mine Health and Safety Act of 1969”, referred to in subsec. (a)(2), is Act
Dec. 30, 1969, P.L. 91-173, 83 Stat. 742, which was redesignated as the Federal Mine Safety and
Health Act of 1977 by Act Nov. 9, 1977, P.L. 95-164, Title I, § 101, 91 Stat. 1290, and appears
generally as 30 USC §§ 801 et seq.
The “Federal Water Pollution Control Act”, referred to in subsec. (a)(3), is Act June 30, 1948,
ch 758, 62 Stat. 1155, and appeared as 33 USC §§ 1151 et seq., prior to its supersession by Act Oct.
18, 1972, P.L. 92-500, § 2, 86 Stat. 816, popularly known as the Federal Water Pollution Control
Act of 1972, which appears as 33 USC §§ 1251 et seq.
The “Clean Air Act”, referred to in subsec. (a)(4), appeared as 42 USC §§ 1857 et seq. prior to
its transfer by Act Aug. 7, 1977, P.L. 95-95, 91 Stat. 685. Similar provisions appear as 42 USC §§
7401 et seq.
The “Solid Waste Disposal Act”, referred to in subsec. (a)(5), which appeared as 42 USC §§
3251 et seq., was reenacted in its entirety by Act Oct. 21, 1976, P.L. 94-580, 90 Stat. 2795, and
appears generally as 42 USC §§ 6901 et seq.
The “Refuse Act of 1899”, referred to in subsec. (a)(6), is Act March 3, 1899, ch 425, 30 Stat.
1148, which appears generally as 33 USC §§ 401 et seq.

♦
172

SECTION 703 – EMPLOYEE PROTECTION
[30 U.S.C. 1293]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 703, 91 Stat. 520

♦

SECTION 704 – PENALTY
[30 U.S.C. 1294]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 704, 91 Stat. 520
ANCILLARY LAWS AND DIRECTIVES
References in text:
“This Act”, referred to in this section, is Act Aug. 3, 1977, P.L. 95-87, 91 Stat. 445, popularly
known as the Surface Mining Control and Reclamation Act of 1977, which appears as 30 USC §§
1201 et seq.
Explanatory notes:
The first sentence of this section amended 18 USC § 1114.

♦

SECTION 705 – GRANT TO THE STATES
[30 U.S.C. 1295]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 705, 91 Stat. 520

♦

SECTION 706 – ANNUAL REPORT TO PRESIDENT
AND CONGRESS
[30 U.S.C. 1296]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 706, 91 Stat. 521

ANCILLARY LAWS AND DIRECTIVES
Other provisions:

173

Termination of reporting requirements. For termination, effective May 15, 2000, of
provisions of this section relating to periodic reports to Congress, see § 3003 of Act Dec. 21, 1995,
P.L. 104-66, which appears as 31 USC § 1113 note. See also page 109 of House Document No.
103-7.

♦

SECTION 707 – SEVERABILITY OF PROVISIONS
[30 U.S.C. 1297]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 707, 91 Stat. 521

♦

SECTION 708 – ALASKAN SURFACE COAL MINE STUDY
[30 U.S.C. 1298]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 708, 91 Stat. 521

♦

SECTION 709 – STUDY OF RECLAMATION STANDARDS
FOR SURFACE MINING OF OTHER MINERALS
[30 U.S.C. 1299]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 709, 91 Stat. 522

♦

SECTION 710 – INDIAN LANDS
[30 U.S.C. 1300]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 710, 91 Stat. 52
Oct. 24, 1992, P.L. 102-486, Title XXV, § 2514, 106 Stat. 3112
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 209, 120 Stat. 3019
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1992. Act Oct. 24, 1992, added subsec. (i).

174

2006. Act Dec. 20, 2006, in subsec. (i), in the introductory matter, deleted “, except that
nothing in this subsection may be construed as providing such tribes with the authorities set forth
under section 503” following “Indian lands”; and added subsec. (j).

♦

SECTION 711 – EXPERIMENTAL PRACTICES
[30 U.S.C. 1301]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 711, 91 Stat. 523

♦

SECTION 712 – AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1302]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 712, 91 Stat. 524
Aug. 11, 1978, P.L. 95-343, 92 Stat. 473
Nov. 5, 1990, P.L. 101-508, Title VI, Subtitle A, § 6012(b), 104 Stat. 1388-298
As amended Dec. 20, 2006, P.L. 109-432, Div C, Title II, Subtitle A, § 201(b), 120 Stat. 3008
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1978. Act Aug. 11, 1978, in subsec. (a), substituted “$25,000,000 for each of the two
succeeding fiscal years, and in such fiscal years such additional amounts as may be necessary for
increases in salary, pay, retirement, other employee benefits authorized by law, and other
nondiscretionary costs” for “and $10,000,000 for each of the two succeeding fiscal years”; and
substituted subsec. (b) for one which read:
“(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 authorized 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).”.
1990. Act Nov. 5, 1990 (effective at the beginning of the first fiscal year immediately
following the fiscal year in which this subtitle is enacted, as provided by § 6014 of such Act, which
appears as 30 USC § 1231 note), substituted subsec. (b), for one which read: “(b) For the
implementation and funding of section 507(c) there are authorized to be appropriated sums
reserved by section 401(b)(1) for the purposes of section 507(c) and such additional sums as may
be necessary (i) for the fiscal year ending September 30, 1978, to provide an amount not to exceed
$10,000,000 to carry out the purposes of section 507(c) and (ii) for the fiscal years ending
September 30, 1979, and September 30, 1980, to provide an amount not to exceed $25,000,000 to
carry out the purposes of section 507(c).”.

175

2006. Act Dec. 20, 2006, in subsec. (b), substituted “401(c)(9)” for “401(c)(11)”.
Other provisions:
Credits to account from performance bond forfeitures. Act Oct. 21, 1998, P.L. 105-277,
Div A, § 101(e) [Title I], 112 Stat. 2681-244, provides: “Notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account [Office of Surface Mining Reclamation and
Enforcement; Regulation and Technology], to remain available until expended, from performance
bond forfeitures in fiscal year 1999 and thereafter.”.
Cost-based fees for products of Mine Map Repository. Act Oct. 21, 1998, P.L. 105-277,
Div A, § 101(e) [Title I], 112 Stat. 2681-244, provides: “Beginning in fiscal year 1999 and
thereafter, cost-based fees for the products of the Mine Map Repository shall be established (and
revised as needed) in Federal Register Notices, and shall be collected and credited to this account,
to be available until expended for the costs of administering this program.”.

♦

SECTION 713 – COORDINATION OF REGULATORY
AND INSPECTION ACTIVITIES
[30 U.S.C. 1303]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 713, 91 Stat. 524
ANCILLARY LAWS AND DIRECTIVES
References in text:
The “Clean Air Act”, referred to in subsec. (a), which appeared as 42 USC §§ 1857 et seq, was
transferred by Act Aug. 7, 1977, P.L. 95-95, 91 Stat. 685. Similar provisions appear as 42 USC §§
7401 et seq.
The “Water Pollution Control Act”, referred to in subsec. (a), is probably a reference to the
Federal Water Pollution Control Act, which is Act June 30, 1948, ch 758, 62 Stat. 1155, and
appeared as 33 USC §§ 1151 et seq., prior to its supersession by Act Oct. 18, 1972, P.L. 92-500, §
2, 86 Stat. 816, popularly known as the Federal Water Pollution Control Act of 1972, which
appears as 33 USC §§ 1251 et seq.

♦

SECTION 714 – SURFACE OWNER PROTECTION
[30 U.S.C. 1304]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 714, 91 Stat. 524

♦

176

SECTION 715 – FEDERAL LESSEE PROTECTION
[30 U.S.C. 1305]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 715, 91 Stat. 525

♦

SECTION 716 – EFFECT ON RIGHTS OF OWNER OF COAL IN
ALASKA TO CONDUCT SURFACE MINING OPERATIONS
[30 U.S.C. 1306]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 716, 91 Stat. 526

♦

SECTION 717 – WATER RIGHTS AND REPLACEMENT
[30 U.S.C. 1307]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 717, 91 Stat. 526

♦

SECTION 718 – ADVANCE APPROPRIATIONS
[30 U.S.C. 1308]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 718, 91 Stat. 526

♦

SECTION 719 – CERTIFICATION AND TRAINING OF BLASTERS
[30 U.S.C. 1309]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 719, 91 Stat. 526

♦

177

SECTION 720 -- SUBSIDENCE
[30 U.S.C. 1309a]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 720
As added Oct. 24, 1992, P.L. 102-486, Title XXV, § 2504(a)(1), 106 Stat. 3104
ANCILLARY LAWS AND DIRECTIVES
Other provisions:
Underground coal mine subsidence; review of existing requirements. Act Oct. 24, 1992,
P.L. 102-486, Title XXV, § 2504(a)(2), 106 Stat. 3104, provides:
“(2)
(A) The Secretary of the Interior shall review existing requirements related to
underground coal mine subsidence and natural gas and petroleum pipeline safety. Such review shall
consider the following with respect to subsidence: notification; mitigation; coordination;
requirements of the Natural Gas Pipeline Safety Act and the Hazardous Liquid Pipeline Safety Act;
and the status of Federal, State and local laws, as well as common law, with respect to prevention
or mitigation of damage from subsidence.
“(B) The review shall also include a survey of the status of Federal, State, and local laws,
as well as common law, with respect to the responsibilities of the relevant parties for costs resulting
from damage due to subsidence or from mitigation efforts undertaken to prevent damage from
subsidence.
“(C) In conducting the review, the Secretary of the Interior shall consult with the
Secretary of Transportation, the Attorney General of the United States, appropriate officials of
relevant States, and owners and representatives of natural gas and petroleum pipeline companies
and coal companies.
“(D) The Secretary of the Interior shall submit a report detailing the results of the review
to the Committee on Energy and Natural Resources of the United States Senate and the Committee
on Interior and Insular Affairs of the United States House of Representatives within 18 months of
enactment of this Act [enacted Oct. 24, 1992]. Where appropriate, the Secretary of the Interior shall
commence a rulemaking to address any deficiencies in existing law determined in the review under
subparagraph (A) regarding notification, coordination and mitigation.”.

♦

SECTION 721 -- RESEARCH
[30 U.S.C. 1309b]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VII, § 721
As added Oct. 24, 1992, P.L. 102-486, Title XXV, § 2504(c)(3), 106 Stat. 3105

♦♦♦

178

TITLE VIII – UNIVERSITY COAL RESEARCH LABORATORIES
SECTION 801 – ESTABLISHMENT OF UNIVERSITY COAL
RESEARCH LABORATORIES
[30 U.S.C. 1311]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VIII, § 801, 91 Stat. 526
Nov. 9, 1978, P.L. 95-617, Title VI, § 604(a), (c), 92 Stat. 3166, 3167
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
The words “United States” were inserted in subsec. (c) on the authority of Act May 18, 1992,
P.L. 102-285, § 10(b), 106 Stat. 172, which redesignates the Bureau of Mines as the United States
Bureau of Mines and appears as 30 USC § 1 note.
Amendments:
1978. Act Nov. 9, 1978, substituted subsec. (a), the preliminary matter of subsec. (b), and
subsec. (b)(1), for ones which read:
“(a) The Administrator, Energy Research and Development 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 education 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:
“(1) The institution of higher education shall be located in a State with abundant coal
reserves.”; and substituted “Secretary of Energy” for “Administrator” wherever appearing.

♦

SECTION 802 – FINANCIAL ASSISTANCE
[30 U.S.C. 1312]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VIII, § 802, 91 Stat. 527
Nov. 9, 1978, P.L. 95-617, Title VI, § 604(c), 92 Stat. 3167
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1978. Act Nov. 9, 1978, substituted “Secretary of Energy” for “Administrator” wherever
appearing.

♦

179

SECTION 803 – LIMITATION ON PAYMENTS
[30 U.S.C. 1313]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VIII, § 803, 91 Stat. 528

♦

SECTION 804 – PAYMENTS: FEDERAL SHARE
OF OPERATING EXPENSES
[30 U.S.C. 1314]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VIII, § 804, 91 Stat. 528
Nov. 9, 1978, P.L. 95-617, Title VI, § 604(c), 92 Stat. 3167
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1978. Act Nov. 9, 1978, in subsec. (a), in the sentence beginning “From the amounts
appropriated . . .”, substituted “Secretary of Energy” for “Administrator”.

♦

SECTION 805 – ADVISORY COUNCIL ON COAL RESEARCH
[30 U.S.C. 1315]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VIII, § 805, 91 Stat. 528
Nov. 9, 1978, P.L. 95-617, Title VI, § 604(c), 92 Stat. 3167
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
The words “United States” were inserted in subsec. (a)(2) on the authority of Act May 18,
1992, P.L. 102-285, § 10(b), 106 Stat. 172, which redesignates the Bureau of Mines as the United
States Bureau of Mines and appears as 30 USC § 1 note.
Amendments:
1978. Act Nov. 9, 1978, in subsec. (a)(1), substituted “Secretary of Energy” for
“Administrator, ERDA”; and, in subsecs. (a)(6),(b), and (d)(1) substituted “Secretary of Energy”
for “Administrator”.
Other provisions:
Termination of advisory committees, boards and councils, in existence on Jan. 5, 1973.
Act Oct. 6, 1972, P.L. 92-463, §§ 3(2) and 14, 86 Stat. 770, 776 (effective 1/5/73, as provided by §
15 of such Act), which is classified as 5 USC Appx, provides that the advisory committees in

180

existence on Jan. 5, 1973, are to terminate not later than the expiration of the two-year period
following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of
the Federal Government, such board is renewed by appropriate action prior to the expiration of
such two-year period, or in the case of a board established by the Congress, its duration is
otherwise provided for by law.
Termination of advisory committees, boards and councils, established after Jan. 5, 1973.
Act Oct. 6, 1972, P.L. 92-463, §§ 3(2) and 14, 86 Stat. 770, 776 (effective 1/5/73, as provided by §
15 of such Act), which is classified as 5 USC Appx, provides that advisory committees established
after Jan. 5, 1973, are to terminate not later than the expiration of the two-year period beginning on
the date of establishment unless, in the case of a board established by the President or an officer of
the Federal Government, such board is renewed by appropriate action prior to the expiration of
such two-year period, or in the case of a board established by the Congress, its duration is
otherwise provided for by law.
GS 16-18 pay rates. Act Nov. 5, 1990, P.L. 101-509, Title V, § 529 [Title I, § 101(c)-(e)],
104 Stat. 1442, which appears as 5 USC § 5376 note, provides for the construction of references to
rates of pay for GS 16-18 employees.
Termination of reporting requirements. For termination, effective May 15, 2000, of
provisions of subsec. (c) of this section relating to periodic reports to Congress, see § 3003 of Act
Dec. 21, 1995, P.L. 104-66, which appears as 31 USC § 1113 note. See also page 153 of House
Document No. 103-7.

♦

SECTION 806 – AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1316]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title VIII, § 806, 91 Stat. 529
Nov. 9, 1978, P.L. 95-617, Title VI, § 604(b), 92 Stat. 3166
ANCILLARY LAWS AND DIRECTIVES
Amendments:
1978. Act Nov. 9, 1978, substituted this section for one which read: “There are authorized to
be appropriated not to exceed $30,000,000 for the fiscal year ending September 30, 1979 (including
the cost of construction, equipment, and startup expenses), and $7,500,000 beginning with the
fiscal year 1980 each fiscal year thereafter through the fiscal year ending June 30, 1983, to carry
out the provisions of this title.”.

♦♦♦

181

TITLE IX – ENERGY RESOURCE GRADUATE FELLOWSHIPS
SECTION 901 – FELLOWSHIP AWARDS
[30 U.S.C. 1321]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 901, 91 Stat. 529
ANCILLARY LAWS AND DIRECTIVES
Explanatory notes:
The words “Secretary of Energy” were inserted in subsecs. (a) and (c) on the authority of Act
Aug. 4, 1977, P.L. 95-91, Title III, § 301(a), Title VII, §§ 703, and 707. See Transfer of functions
note to this section.
The words “Secretary of Education” were inserted in subsec. (a) on the authority of Act Oct.
17, 1979, P.L. 96-88, § 301(a) and 507. See Transfer of functions note to this section.
Transfer of functions:
The position of Administrator, Energy Research and Development Administration and the
Energy Research and Development Administration were abolished and all their functions,
personnel, property, and funds were transferred to and vested in the Secretary of Energy by Act
Aug. 4, 1977, P.L. 95-91, Title III, § 301(a), Title VII, §§ 703, and 707, 91 Stat. 577, 606-607,
which appear as 42 USC §§ 7151(a), 7293, and 7297, respectively.
The position of Commissioner of Education was abolished and all its functions, personnel,
property, and funds were transferred to and vested in the Secretary of Education by Act Oct. 17,
1979, P.L. 96-88, §§ 301(a) and 507, 93 Stat. 677, 692, which appears as 20 USC §§ 3441(a) and
3507, respectively.

♦

SECTION 902 – FELLOWSHIP RECIPIENTS
[30 U.S.C. 1322]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 902, 91 Stat. 530

♦

SECTION 903 – DISTRIBUTION OF FELLOWSHIPS
[30 U.S.C. 1323]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 903, 91 Stat. 530
ANCILLARY LAWS AND DIRECTIVES
References in text:

182

The words “Secretary of Energy” were inserted in this section on the authority of Act Aug. 4,
1977, P.L. 95-91, Title III, § 301(a), Title VII, §§ 703, and 707. See Transfer of functions note to
this section.
Transfer of functions:
The position of Administrator, Energy Research and Development Administration and the
Energy Research and Development Administration were abolished and all their functions,
personnel, property, and funds were transferred to and vested in the Secretary of Energy by Act
Aug. 4, 1977, P.L. 95-91, Title III, § 301(a), Title VII, §§ 703, and 707, 91 Stat. 577, 606-607,
which appear as 42 USC §§ 7151(a), 7293, and 7297, respectively.

♦

SECTION 904 – STIPENDS AND INSTITUTIONS
OF HIGHER EDUCATION ALLOWANCES
[30 U.S.C. 1324]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 904, 91 Stat. 530

♦

SECTION 905 – LIMITATION ON FELLOWSHIPS
[30 U.S.C. 1325]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 905, 91 Stat. 530

♦

SECTION 906 – FELLOWSHIP CONDITIONS
[30 U.S.C. 1326]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 906, 91 Stat. 530
ANCILLARY LAWS AND DIRECTIVES
References in text:
The words “Secretary of Energy” were inserted in subsecs. (a) and (b) on the authority of Act
Aug. 4, 1977, P.L. 95-91, Title III, § 301(a), Title VII, §§ 703, and 707. See Transfer of functions
note to this section.
Transfer of functions:
The position of Administrator, Energy Research and Development Administration and the
Energy Research and Development Administration were abolished and all their functions,
personnel, property, and funds were transferred to and vested in the Secretary of Energy by Act

183

Aug. 4, 1977, P.L. 95-91, Title III, § 301(a), Title VII, §§ 703, and 707, 91 Stat. 577, 606-607,
which appear as 42 USC §§ 7151(a), 7293, and 7297, respectively.

♦

SECTION 907 – AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1327]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 907, 91 Stat. 531

♦

SECTION 908 – RESEARCH AND DEMONSTRATION PROJECTS
OF ALTERNATIVE COAL MINING TECHNOLOGIES
[30 USC § 1328]
HISTORY:
Aug. 3, 1977, P.L. 95-87, Title IX, § 908, 91 Stat. 531
ANCILLARY LAWS AND DIRECTIVES
References in text:
“Section 306(d) of this Act”, referred to in subsec. (e), was classified as 30 USC § 1226(d)
prior to its omission in the general revision of 30 USC §§ 1221 et seq. by Act Aug. 29, 1984, P.L.
98-409, 98 Stat. 1536.
Explanatory notes:
The words “Secretary of the Interior” were inserted in subsecs. (a)-(d) on the authority of Act
Sept. 10, 1982, P.L. 97-257. See Transfer of functions note to this section.
Transfer of functions:
The position of Administrator, Energy Research and Development Administration and the
Energy Research and Development Administration were abolished and all their functions,
personnel, property, and funds, were transferred to and vested in the Secretary of Energy by Act
Aug. 4, 1977, P.L. 95-91, Title III, § 301(a), Title VII, §§ 703, and 707, 91 Stat. 577, 606-607,
which appear as 42 USC §§ 7151(a), 7293, and 7297, respectively. Certain functions vested in, or
delegated to, the Secretary of Energy or the Department of Energy under this section were
transferred to the Secretary of the Interior by Act Sept. 10, 1982, P.L. 97-257, Title I, Ch. VIII, 96
Stat. 841, which appears as 42 USC § 7152 note.
Other provisions:
Termination of reporting requirements. For termination, effective May 15, 2000, of
provisions in subsec. (d) of this section requiring the Secretary to report to Congress on December
31 of each calendar year on research studies, surveys, experiments or demonstration projects,
conducted or financed under the Surface Mining Control and Reclamation Act (30 USC §§ 1201 et
seq.), see § 3003 of Act Dec. 21, 1995, P.L. 104-66, which appears as 31 USC § 1113 note. See
also page 109 of House Document No. 103-7.

184