Surface Mining Control and Reclamation Act

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SURFACE MINING CONTROL AND RECLAMATION ACT
OF 1977 1
[Public Law 95–87]
[As Amended Through P.L. 117–58, Enacted November 15, 2021]
øCurrency: This publication is a compilation of the text of Public Law 95-87. It was
last amended by the public law listed in the As Amended Through note above and
below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
AN ACT 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’’.
TABLE OF CONTENTS
TITLE I—STATEMENT OF FINDINGS AND POLICY
Sec. 101. Findings.
Sec. 102. Purposes.
TITLE II—OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
Sec. 201. Creation of the Office.
TITLE III—STATE AND MINERAL RESOURCES AND RESEARCH INSTITUTES
Sec. 301. Authorization of State allotments to institutes.
Sec. 302. Research funds to institutes.
Sec. 303. Funding criteria.
Sec. 304. Duties of the Secretary.
Sec. 305. Autonomy.
Sec. 306. Miscellaneous provisions.
Sec. 307. Center for cataloging.
Sec. 308. Interagency cooperation.
Sec. 309. Advisory committee.
TITLE IV—ABANDONED MINE RECLAMATION
Sec. 401. Abandoned Mine Reclamation Fund and purposes.
Sec. 402. Reclamation fee.
1 The Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445) consists of the Act
of August 3, 1977, and subsequent amenments thereto (30 U.S.C. 1201 & following).

1
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SURFACE MINING CONTROL & RECLAMATION
Sec.
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403.
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406.
407.

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408.
409.
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411.
412.
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414.

2

Objective of fund.
Eligible lands and water.
State reclamation programs.
Reclamation of rural lands.
Acquisition and reclamation of land adversely affected by past coal mining practices.
Liens.
Filling voids and sealing tunnels.
Emergency powers.
Certification.
Fund report.
Miscellaneous powers.
Interagency cooperation. 2

TITLE V—CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE
COAL MINING
Sec. 501. Environmental protection standards.
Sec. 502. Initial regulatory procedures.
Sec. 503. State programs.
Sec. 504. Federal programs.
Sec. 505. State laws.
Sec. 506. Permits.
Sec. 507. Application requirements.
Sec. 508. Reclamation plan requirements.
Sec. 509. Performance bonds.
Sec. 510. Permit approval or denial.
Sec. 511. Revision of permits.
Sec. 512. Coal exploration and permits.
Sec. 513. Public notice and public hearings.
Sec. 514. Decisions of regulatory authority and appeals.
Sec. 515. Environmental protection performance standards.
Sec. 516. Surface effects of underground coal mining operations.
Sec. 517. Inspections and monitoring.
Sec. 518. Penalties.
Sec. 519. Release of performance bonds or deposits.
Sec. 520. Citizen suits.
Sec. 521. Enforcement.
Sec. 522. Designating areas unsuitable for surface coal mining.
Sec. 523. Federal lands.
Sec. 524. Public agencies, public utilities, and public corporations.
Sec. 525. Review by Secretary.
Sec. 526. Judicial review.
Sec. 527. Special bituminous coal mines.
Sec. 528. Surface mining operations not subject to this Act.
Sec. 529. Anthracite coal mines.
TITLE VI—DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING
Sec. 601. Designation procedures.
Sec.
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2 So

TITLE VII—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
701. Definitions.
702. Other Federal laws.
703. Employee protection.
704. Protection of Government employees.
705. Grants to the States.
706. Annual report.
707. Severability.
708. Alaskan surface coal mine study.
709. Study of reclamation standards for surface mining of other minerals.
710. Indian lands.
711. Experimental practices.
712. Authorization of appropriations.
713. Coordination of regulatory and inspection activities.
714. Surface owner protection.
715. Federal lessee protection.
in law. There is no corresponding item relating to section 415 in the table of contents.

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SURFACE MINING CONTROL & RECLAMATION

Sec.
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716.
717.
718.
719.
720.
721.

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801.
802.
803.
804.
805.
806.

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901.
902.
903.
904.
905.
506.
907.
908.

Sec. 101

Alaska coal.
Water rights and replacement.
Advance appropriations.
Certification and training of blasters.
Subsidence. 3
Research. 4
TITLE VIII—UNIVERSITY COAL RESEARCH LABORATORIES
Establishment of university coal research laboratories.
Financial assistance.
Limitation of payments.
Payments.
Advisory Council on Coal Research.
Authorization of appropriations.
TITLE IX—ENERGY RESOURCE GRADUATE FELLOWSHIPS
Program authorized.
Awarding of fellowships.
Distribution of fellowships.
Stipends and institutions of higher education allowances.
Limitation.
Fellowship conditions.
Appropriations authorized.
Research and demonstration projects of alternative coal mining technologies.

TITLE I—STATEMENT OF FINDINGS AND POLICY
FINDINGS

SEC. 101. The Congress finds and declares that—
(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
danagerous to life and property by degrading the quality of life
in local communities, and by counteracting governmental programs and effects to conserve soil, water, and other natural resources;
3 Editorially

supplied. Section 2504(a)(1) of the Energy Policy Act of 1992 (P.L. 102–486) added
a new section 720 without amending the table of contents accordingly.
supplied. Section 2504(a)(3) of the Energy Policy Act of 1992 (P.L. 102–486) added
a new section 721 without amending the table of contents accordingly.

4 Editorially

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Sec. 102

SURFACE MINING CONTROL & RECLAMATION

4

(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. 5
(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.
ø30 U.S.C. 1201¿
PURPOSES

SEC. 102. It is the purpose of this Act to—
(a) establish a nationwide program to protect society and
the environment from the adverse effects of surface coal mining operations;
5 So

in law. Probably should be a semicolon.

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Sec. 102

(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 to the enactment of this Act and
which continue, in their unreclaimed condition, to substantially
degrade the quality of the environment, prevent or damage the
beneficial use of land or water resources, or endanger the
health or safety of the public;
(i) assure that appropriate procedures are provided for the
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, 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.
ø30 U.S.C. 1202¿

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Sec. 201

SURFACE MINING CONTROL & RECLAMATION

6

TITLE II—OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
CREATION OF THE OFFICE

SEC. 201. (a) There is established in the Department of the Interior, the Office of Surface Mining Reclamation and Enforcement
(hereinafter referred to as the ‘‘Office’’).
(b) The Office shall have a Director who shall be appointed by
the President, by and with the advice and consent of the Senate,
and shall be compensated at the rate provided for level V of the
Executive Schedule under section 5315 of the United States Code,
and such other employees as may be required. Pursuant to section
5108, title 5, and after consultation with the Secretary, a majority
of members of the Civil Service Commissioner 6 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) 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
and mining operations and reclaiming abandoned mined lands:
make those investigations and inspections necessary to insure
compliance with this Act; conduct hearings, administer oaths,
issue subpenas, and compel the attendance of witnesses and
production of written or printed material as provided for in
this Act; issue cease-and-desist orders; review and vacate or
modify or approve orders and 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) published 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;
6 All functions vested in the United States Civil Service Commission were transferred to the
Director of the Office of Personnel Management (except as otherwise specified) pursuant to
Reorg. Plan No. 2 of 1978, section 102, 92 Stat. 3783.

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Sec. 201

(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 operating 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) 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.
øParagraph (e) Repealed¿
(f) 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, by punished by a fine not more
than $2,500, or by imprisonment for not more than one year, or
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Sec. 301

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8

both. The Director shall (1) within sixty days after enactment of
this Act published 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)(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.
ø30 U.S.C. 1211¿

TITLE III—STATE MINING AND MINERAL RESOURCES AND
RESEARCH INSTITUTES 7
AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES

SEC. 301. (a) There are authorized to be appropriated to the
Secretary of the Interior sums adequate to provide for each participating State $200,000 for fiscal year 1978, $300,000 for fiscal year
1979, and $400,000 for each fiscal year thereafter for five years, to
assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute, or center
(hereinafter referred to as ‘‘institute’’) at one public college or university in the State which has in existence at the time of enactment of this title a school of mines, or division, or department conducting a program of substantial instruction and research in mining or minerals extraction or which establishes such a school of
mines, or division, or department subsequent to the enactment of
this title and which school of mines, or division or department shall
have been in existence for at least two years. The Advisory Committee on Mining and Minerals Resources Research as created by
this title shall determine a college or university to have an eligible
school of mines, or division or department conducting a program of
substantial instruction and research in mining or minerals extrac7 For

related provisions, see Pub. L. 98–409, 98 Stat. 1536.

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Sec. 302

tion wherein education and research in the minerals engineering
fields are being carried out and wherein at least four full-time permanent faculty members are employed: Provided, That—
(1) such moneys when appropriated shall be made available to match, on a dollar-for-dollar basis, non-Federal funds
which shall be at least equal to the Federal share to support
the institute;
(2) if there is more than one such eligible college or university in a State, funds under this title shall, in the absence of
a designation to the contrary by act of the legislature of the
State, but paid to one such college or university designated by
the Governor of the State; and
(3) where a State does not have a public college or university with an eligible school of mines, or division, or department
conducting a program of substantial instruction and research
in mining or mineral extraction, said advisory committee may
allocate the State’s allotment to one private college or university which it determines to have an eligible school of mines, or
division, or department as provided herein.
(b) It shall be the duty of each such institute to plan and conduct and/or arrange for a component or components of the college
or university with which it is affiliated to conduct competent research, investigations, demonstrations, and experiments of either a
basic or practical nature, or both, in relation to mining and mineral
resources and to provide for the training of mineral engineers and
scientists through such research, investigations, demonstrations,
and experiments. Such research, investigations, demonstrations,
experiments, and training may include, without being limited; exploration; extraction; processing; and development; production of
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, having due regard to the
interrelation on the natural environment, the varying conditions
and needs of the respective States, and to mining and mineral resources research projects being conducted by agencies of the Federal and State governments, and other institutes.
ø30 U.S.C. 1221¿
RESEARCH FUNDS TO INSTITUTES

SEC. 302. (a) There is authorized to be appropriated annually
for seven years to the Secretary of the Interior the sum of
$15,000,000 in fiscal year 1978, said sum increased by $2,000,000
each fiscal year thereafter for six years, which shall remain available until expended. Such moneys when appropriated shall be
made available to institutes to meet the necessary expenses for
purposes of:
(1) specific mineral research and demonstration projects of
industrywide 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
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Sec. 303

SURFACE MINING CONTROL & RECLAMATION

10

(2) research into any aspects of mining and mineral resources problems related to the mission of the Department of
the Interior, which may be deemed desirable and are not otherwise being studied.
(b) Each application for a grant pursuant to subsection (a) of
this section shall, among other things, state the nature of the
project to be undertaken, the period during which it will be pursued, the 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, and its relation to other known
research projects theretofore pursued or being pursued, and the extent to which it will provide opportunity for the training of mining
and mineral engineers and scientists, and the extent of participation by nongovernmental sources in the project.
(c) The Secretary shall, insofar as it is practicable, utilize the
facilities of institutes designated in section 301 of this title to perform such special research, authorized by this section, and shall select the institutes for the performance of such special research on
the basis of the qualifications without regard to race or sex of the
personnel who will conduct and direct it, and on the basis of the
facilities available in relation to the particular needs of the research project, special geographic, geologic, or climatic conditions
within the immediate vicinity of the institute in relation to any
special requirements of the research project, and the extent to
which it will provide opportunity for training individuals as mineral engineers and scientists. The Secretary may designate and utilize such portions of the funds authorized to be appropriated by
this section as he deems appropriate for the purpose of providing
scholarships, graduate fellowships, and postdoctoral fellowships.
(d) No grant shall be made under subsection (a) of this section
except for a project approved by the Secretary of the Interior and
all grants shall be made upon the basis or merit of the project, the
need for the knowledge which it is expected to produce when completed, and the opportunity it provides for the training of individuals as mineral engineers and scientists.
(e) No portion of any grant under this section shall be applied
to the acquisition by purchase or lease of any land or interests
therein or the rental, purchase, construction, preservation, or repair of any building.
ø30 U.S.C. 1222¿
FUNDING CRITERIA

SEC. 303. (a) Sums available to institutes under the terms of
sections 301 and 302 of this title shall be paid at such times and
in such amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Each institute shall
set forth its plan to provide for the training of individuals as mineral engineers and scientists under a curriculum appropriate to the
field of mineral resources and mineral engineering and related
fields; set forth policies and procedures which assure that Federal
funds made available under this title for any fiscal year will supplement and, to the extent practicable, increase the level of funds
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SURFACE MINING CONTROL & RECLAMATION

Sec. 304

able for purposes of this title, and in no case supplant such funds;
have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this
title and shall make an annual report to the 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 title during
the preceding fiscal year, and of its disbursements on schedules
prescribed by the Secretary. If any of the moneys received by the
authorized receiving officer of any institute under the provisions of
this title shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, it
shall be replaced by the State concerned and until so replaced no
subsequent appropriation shall be allotted or paid to any institute
of such State.
(b) Moneys appropriated pursuant to this title shall be available for expenses for research, investigations, experiments, and
training conducted under authority of this title. The institutes are
hereby authorized and encouraged to plan and conduct programs
under this title in cooperation with each other and with such other
agencies and individuals as may contribute to the solution of the
mining and mineral resources problems involved, and moneys appropriated pursuant to this title shall be available for paying the
necessary expenses of planning, coordinating, and conducting such
cooperative research.
ø30 U.S.C. 1223¿
DUTIES OF THE SECRETARY

SEC. 304. (a) The Secretary of the Interior is hereby charged
with the responsibility for the proper administration of this title
and, after full consultation with other interested Federal agencies,
shall prescribe such rules and regulations as may be necessary to
carry out its provisions. The Secretary shall furnish such advice
and assistance as will best promote the purposes of this title, participate in coordinating research initiated under this title by the institutes, indicate to them such lines of inquiry as to him seem most
important, and encourage and assist in the establishment and
maintenance of cooperation by and between the institutes and between them and other research organizations, the United States
Department of the Interior, and other Federal establishments.
(b) On or before the 1st day of July in each year after the passage of this title, the Secretary shall ascertain whether the requirements of section 303(a) have been met as to each institute and
State.
(c) The Secretary shall make an annual report to the Congress
of the receipts, expenditures, and work of the institutes in all
States under the provisions of this title. The Secretary’s report
shall indicate whether any portion of an appropriation available for
allotment to any State has been withheld and, if so, the reason
therefor.
ø30 U.S.C. 1224¿
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12

AUTONOMY

SEC. 305. Nothing in this title shall be construed to impair or
modify the legal relationship existing between any of the colleges
or universities under whose direction an institute is established
and the government of the State in which it is located, and nothing
in this title shall in any way be construed to authorize Federal control or direction of education at any college or university.
ø30 U.S.C. 1225¿
MISCELLANEOUS PROVISIONS

SEC. 306. (a) The Secretary of the Interior 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 in this title will supplement and not duplicate established mining and minerals research
programs, to stimulate research in otherwise neglected areas, and
to contribute to a comprehensive nationwide program of mining
and minerals research, having 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 title, in addition
to any direct publication of information by the institutes themselves.
(b) Nothing in this title is intended to give or shall be construed as giving the Secretary of the Interior any authority over
mining and mineral resources research conducted by any agency of
the Federal Government, or as repealing, superseding, or diminishing existing authorities or responsibilities of any agency of the
Federal Government to plan and conduct, contract for, or assist in
research in its area of responsibility and concern with mining and
mineral resources.
(c) Contracts or other arrangements for mining and mineral resources research work authorized under this title with an institute,
educational institution, or nonprofit organization may be undertaken without regard to the provisions of section 3684 of the Revised Statutes (31 U.S.C. 529) when, in the judgment of the Secretary of the Interior, advance payments of initial expense are necessary to facilitate such work: Provided, That authority to make
payments under this subsection shall be effective only to such extent or in such amounts as are provided in advance by appropriation Acts.
(d) 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, be
available promptly to the general public. Nothing contained in this
section shall deprive the owner of any background patent relating
to any such activities of any rights which that owner may have
under that patent. There are authorized to be appropriated such
sums as are necessary for the printing and publishing of the results of activities carried out by institutes under the provisions of
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Sec. 309

this Act and for administrative planning and direction, but such
appropriations shall not exceed $1,000,000 in any fiscal year: Provided, That no new budget authority is authorized to be appropriated for fiscal year 1977.
ø30 U.S.C. 1226¿
CENTER FOR CATALOGING

SEC. 307. The Secretary shall establish a center for cataloging
current and projected scientific research in all fields of mining and
mineral resources. Each Federal agency doing mining and mineral
resources research shall cooperate by providing the cataloging center with information on work underway or scheduled by it. The cataloging center shall classify and maintain for public use a catalog
of mining and mineral resources research and investigation
projects in progress or scheduled by all Federal agencies and by
such non-Federal agencies of government, colleges, universities,
private institutions, firms, and individuals as may make such information available.
ø30 U.S.C. 1227¿
INTERAGENCY COOPERATION

SEC. 308. The President shall, buy such means as he deems appropriate, clarify agency responsibility for Federal mining and mineral resources research and provide for interagency coordination of
such research, including the research authorized by this title. Such
coordination shall include—
(a) continuing review of the adequacy of the Governmentwide program in mining and mineral resources research;
(b) identification and elimination of duplication and overlap between two or more agency programs;
(c) identification of technical needs in various mining and
mineral resources research categories;
(d) recommendations with respect to allocation of technical
effort among Federal agencies;
(e) review of technical manpower needs and findings concerning management policies to improve the quality of the Government-wide research effort; and
(f) actions to facilitate interagency communication at management levels.
ø30 U.S.C. 1228¿
ADVISORY COMMITTEE

SEC. 309. (a) The Secretary of the Interior shall appoint an Advisory Committee on Mining and Mineral Research composed of—
(1) the Director, Bureau of Mines, or his delegate, with his
consent;
(2) the Director of the National Science Foundation, or his
delegate, with his consent;
(3) the President, National Academy of Sciences, or his delegate, with his consent;
(4) the President, National Academy of Engineering, or his
delegate, with his consent;
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(5) the Director, United States Geological Survey, or his
delegate, with his consent; and
(6) not more than four other persons who are knowledgeable in the fields of mining and mineral resources research, at
least one of whom shall be a representative of working coal
miners.
(b) The Secretary shall designate the Chairman of the Advisory
Committee. The Advisory Committee shall consult with, and make
recommendations to, the Secretary of the Interior on all matters involving or relating to mining and mineral resources research and
such determinations as provided in this title. The Secretary of the
Interior shall consult with, and consider recommendations of such
Committee in the conduct of mining and mineral resources research and the making of any grant under this title.
(c) Advisory Committee members, other than officers or employees of Federal, State, or local governments, shall be, for each
day (including traveltime) during which they are performing committee business, entitled to receive compensation at a rate fixed by
the Secretary but not in excess of the maximum rate of pay for
grade GS–18 as provided in the General Schedule under section
5332 of title 5 of the United States Code, and shall, notwithstanding the limitations of sections 5703 and 5704 of title 5, United
States Code, be fully reimbursed for travel, subsistence, and related expenses.
ø30 U.S.C. 1229¿

TITLE IV—ABANDONED MINE RECLAMATION
ABANDONED MINE RECLAMATION FUND AND PURPOSES

SEC. 401. (a) There is created on the books of the Treasury of
the United States a trust fund to be known as the Abandoned Mine
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) 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) 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
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Sec. 401

fected 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;
(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.—
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(1) IN GENERAL.—From amounts deposited into the fund
under subsection (b), the Secretary shall distribute during each
fiscal year beginning after September 30, 2007, an amount determined under paragraph (2).
(2) AMOUNTS.—
(A) FOR FISCAL YEARS 2008 THROUGH 2035.—For each of
fiscal years 2008 through 2035, 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 2036 AND THEREAFTER.—For fiscal
year 2036 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 2035.
(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) 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.
ø30 U.S.C. 1231¿
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Sec. 402

RECLAMATION FEE

SEC. 402. (a) All operators of coal mining operations subject to
the provisions of this Act shall pay to the Secretary of the Interior,
for deposit in the fund, a reclamation fee of 22.4 cents per ton of
coal produced by surface coal mining and 9.6 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 6.4
cents per ton, whichever is less.
(b) Such fee shall be paid no later than thirty days after the
end of each calendar quarter beginning with the first calendar
quarter occurring after the date of enactment of this Act, and ending September 30, 2034.
(c) Together with such reclamation fee, all operators of coal
mine operations shall submit a statement of the amount of coal
produced during the calendar quarter, the method of coal removal
and the type of coal, the accuracy of which shall be sworn to by
the operator and notarized. 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, 8 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)(1) Any person, corporate officer, agent or director, on behalf
of a coal mine operator, who knowingly makes any false statement,
representation or certification, or knowingly fails to make any
statement, representation, or certification required in this section
shall, upon conviction, be punished by a fine of not more than
$10,000, or by imprisonment for not more than one year, or both.
(2) The Secretary shall conduct such audits of coal production
and the payment of fees under this 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) Any portion of the reclamation fee not properly or promptly
paid pursuant to this section shall be recoverable, with statutory
8 So

in law. Probably should be ‘‘tipple’’.

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interest, from coal mine operators, in any court of competent jurisdiction in any action at law to compel payment of debts.
(f) All Federal and State agencies shall fully cooperate with the
Secretary of the Interior in the enforcement of this section. 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 9 approved abandoned mine reclamation program
pursuant to section 405.
(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 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:
9 So

in law. Probably should be ‘‘An’’.

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Sec. 402

(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 the date of enactment of this paragraph,
and that the surety of such mining operator became insolvent
during such period, and as of the date of enactment of this
paragraph, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or
other source are not sufficient to provide for adequate reclamation or abatement at the site.
(C) In determining which sites to reclaim pursuant to this
paragraph, the Secretary shall follow the priorities stated in paragraphs (1) and (2) of section 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)
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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—
(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)
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Sec. 402

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 the date of enactment of the Surface Mining Control and Reclamation Act Amendments of 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:
(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
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(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 the date of enactment of
this subparagraph; 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.—
(i) TRANSFER TO THE 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.
(ii) CALCULATION OF EXCESS.—The excess determined under clause (i) shall be calculated by taking
into account only—
(I) those beneficiaries actually enrolled in the
Plan as of the date of the enactment of the American Miner Benefits Improvement Act of 2020 who
are eligible to receive health benefits under the
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Plan on the first day of the calendar year for
which the transfer is made, other than those beneficiaries enrolled in the Plan under the terms of a
participation agreement with the current or
former employer of such beneficiaries;
(II) those beneficiaries whose health benefits,
defined as those benefits payable, following death
or retirement or upon a finding of disability, directly by an employer in the bituminous coal industry under a coal wage agreement (as defined in
section 9701(b)(1) of the Internal Revenue Code of
1986) or a related coal wage agreement, would be
denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, 2019, or
any year thereafter, (or, in the case of any such
health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced); and
(III) the cost of administering the resolution
of disputes process administered (as of the date of
the enactment of the Bipartisan American Miners
Act of 2019) by the Trustees of the Plan.
For purposes of subclause (I), a beneficiary enrolled in
the Plan as of the date of the enactment of the American Miner Benefits Improvement Act of 2020 shall be
deemed to have been eligible to receive health benefits
under the Plan on January 1, 2020.
(iii) ELIGIBILITY OF CERTAIN RETIREES.—Individuals referred to in clause (ii)(II) shall be treated as eligible to receive health benefits under the Plan.
(iv) REQUIREMENTS FOR TRANSFER.—The amount
of the transfer otherwise determined under this subparagraph for a fiscal year shall be reduced by any
amount transferred for the fiscal year to the Plan, to
pay benefits required under the Plan, from a voluntary employees’ beneficiary association established
as a result of a bankruptcy proceeding described in
clause (ii).
(v) VEBA TRANSFER.—The administrator of such
voluntary employees’ beneficiary association shall
transfer to the Plan any amounts received as a result
of such bankruptcy proceeding, reduced by an amount
for administrative costs of such association.
(vi) RELATED COAL WAGE AGREEMENT.—For purposes of clause (ii), the term ‘‘related coal wage agreement’’ means an agreement between the United Mine
Workers of America and an employer in the bituminous coal industry that—
(I) is a signatory operator; or
(II) is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or
otherwise, with the bankruptcy proceeding of a
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tion 9701(c) of the Internal Revenue Code of
1986).
(D) INDIVIDUALS CONSIDERED ENROLLED.—For purposes of subparagraph (C), any individual who was eligible
to receive benefits from the Plan as of the date of enactment of this subsection, 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 the date of enactment of this subparagraph for the program described in
section 406, but not appropriated before that date, 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).
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(E) INAPPLICABILITY OF CAP.—The limitation described
in subsection (i)(3)(A) shall not apply to payments made
from the reserve fund under this paragraph.
(5) LIMITATIONS.—
(A) AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR.—
The Secretary may make transfers under subparagraphs
(B) and (C) of paragraph (2) for a calendar year only if the
Secretary determines, using actuarial projections provided
by the trustees of the Combined Benefit Fund referred to
in paragraph (2)(A), that amounts will be available under
paragraph (1), after the transfer, for the next fiscal year
for making the transfer under paragraph (2)(A).
(B) RATE OF CONTRIBUTIONS OF OBLIGORS.—
(i) IN GENERAL.—
(I) RATE.—A transfer under paragraph (2)(C)
shall not be made for a calendar year unless the
persons that are obligated to contribute to the
plan referred to in paragraph (2)(C) on the date of
the transfer are obligated to make the contributions at rates that are no less than those in effect
on the date which is 30 days before the date of enactment of this subsection.
(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 the date of enactment
of the Surface Mining Control and Reclamation
Act Amendments of 2006 through December 31,
2010, the persons that, on the date of enactment
of that Act, 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
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among the persons subject to the obligation, and applied uniformly, based on the hours worked for which
contributions referred to in clause (i) would be owed.
(C) PHASE-IN OF TRANSFERS.—For each of calendar
years 2008 through 2010, the transfers required under
subparagraphs (B) and (C) of paragraph (2) shall equal the
following amounts:
(i) For calendar year 2008, the Secretary shall
make transfers equal to 25 percent of the amounts
that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).
(ii) For calendar year 2009, the Secretary shall
make transfers equal to 50 percent of the amounts
that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).
(iii) For calendar year 2010, the Secretary shall
make transfers equal to 75 percent of the amounts
that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).
(i) FUNDING.—
(1) IN GENERAL.—Subject to paragraph (3), out of any
funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the plans described in
subsection (h)(2) such sums as are necessary to pay the following amounts:
(A) To the Combined Fund (as defined in section
9701(a)(5) of 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
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(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
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 date of enactment of this paragraph, 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
$750,000,000.
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(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 under paragraph (1) so that—
(i) each such 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 paragraph (1) for the fiscal year.
(C) INCREASE IN LIMITATION TO ACCOUNT FOR CALCULATION OF HEALTH BENEFIT PLAN EXCESS.—The dollar limitation under subparagraph (A) shall be increased by the
amount of the cost to provide benefits which are taken into
account under subsection (h)(2)(C)(ii) solely by reason of
the amendments made by section 2(a) of the American
Miner Benefits Improvement Act of 2020.
(4) ADDITIONAL AMOUNTS.—
(A) CALCULATION.—If the dollar limitation specified in
paragraph (3)(A) exceeds the aggregate amount required to
be transferred under paragraphs (1) and (2) for a fiscal
year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar
limitation and such aggregate amount to the trustees of
the 1974 UMWA Pension Plan to pay benefits required
under that plan.
(B) CESSATION OF TRANSFERS.—The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the
funded percentage (as defined in section 432(j)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension
Plan is at least 100 percent.
(C) PROHIBITION ON BENEFIT INCREASES, ETC.—During
a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment
of such plan which increases the liabilities of the plan by
reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted
unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the
Internal Revenue Code of 1986.
(D) CRITICAL STATUS TO BE MAINTAINED.—Until such
time as the 1974 UMWA Pension Plan ceases to be eligible
for the transfers described in subparagraph (A)—
(i) the Plan shall be treated as if it were in critical
status for purposes of sections 412(b)(3), 432(e)(3), and
4971(g)(1)(A) of the Internal Revenue Code of 1986
and sections 302(b)(3) and 305(e)(3) of the Employee
Retirement Income Security Act;
(ii) the Plan shall maintain and comply with its
rehabilitation plan under section 432(e) of such Code
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and section 305(e) of such Act, including any updates
thereto; and
(iii) the provisions of subsections (c) and (d) of section 432 of such Code and subsections (c) and (d) of
section 305 of such Act shall not apply.
(E) TREATMENT OF TRANSFERS FOR PURPOSES OF WITHDRAWAL LIABILITY UNDER ERISA.—The amount of any
transfer made under subparagraph (A) (and any earnings
attributable thereto) shall be disregarded in determining
the unfunded vested benefits of the 1974 UMWA Pension
Plan and the allocation of such unfunded vested benefits
to an employer for purposes of determining the employer’s
withdrawal liability under section 4201 of the Employee
Retirement Income Security Act of 1974.
(F) REQUIREMENT TO MAINTAIN CONTRIBUTION RATE.—
A transfer under subparagraph (A) shall not be made for
a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan 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 the date of enactment of the Bipartisan
American Miners Act of 2019.
(G) ENHANCED ANNUAL REPORTING.—
(i) IN GENERAL.—Not later than the 90th day of
each plan year beginning after the date of enactment
of the Bipartisan American Miners Act of 2019, the
trustees of the 1974 UMWA Pension Plan shall file
with the Secretary of the Treasury or the Secretary’s
delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation
and actuarial certifications from the plan actuary, as
required by the Secretary of the Treasury or the Secretary’s delegate) that contains—
(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section
432 of the Internal Revenue Code of 1986 as of
the first day of such plan year;
(II) the funded percentage (as defined in section 432(j)(2) of such Code) as of the first day of
such plan year, and the underlying actuarial
value of assets and liabilities taken into account
in determining such percentage;
(III) the market value of the assets of the plan
as of the last day of the plan year preceding such
plan year;
(IV) the total value of all contributions made
during the plan year preceding such plan year;
(V) the total value of all benefits paid during
the plan year preceding such plan year;
(VI) cash flow projections for such plan year
and either the 6 or 10 succeeding plan years, at
the election of the trustees, and the assumptions
relied upon in making such projections;
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(VII) funding standard account projections for
such plan year and the 9 succeeding plan years,
and the assumptions relied upon in making such
projections;
(VIII) the total value of all investment gains
or losses during the plan year preceding such plan
year;
(IX) any significant reduction in the number
of active participants during the plan year preceding such plan year, and the reason for such reduction;
(X) a list of employers that withdrew from the
plan in the plan year preceding such plan year,
and the resulting reduction in contributions;
(XI) a list of employers that paid withdrawal
liability to the plan during the plan year preceding such plan year and, for each employer, a
total assessment of the withdrawal liability paid,
the annual payment amount, and the number of
years remaining in the payment schedule with respect to such withdrawal liability;
(XII) any material changes to benefits, accrual
rates, or contribution rates during the plan year
preceding such plan year;
(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year
having a material effect on liabilities of the plan;
(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to
such plan;
(XV) the number of participants and beneficiaries during the plan year preceding such plan
year who are active participants, the number of
participants and beneficiaries in pay status, and
the number of terminated vested participants and
beneficiaries;
(XVI) the information contained on the most
recent annual funding notice submitted by the
plan under section 101(f) of the Employee Retirement Income Security Act of 1974;
(XVII) the information contained on the most
recent Department of Labor Form 5500 of the
plan; and
(XVIII) copies of the plan document and
amendments, other retirement benefit or ancillary
benefit plans relating to the plan and contribution
obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year,
copies of collective bargaining agreements, and financial reports, and such other information as the
Secretary of the Treasury or the Secretary’s delegate, in consultation with the Secretary of Labor
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and the Director of the Pension Benefit Guaranty
Corporation, may require.
(ii) ELECTRONIC SUBMISSION.—The report required
under clause (i) shall be submitted electronically.
(iii) INFORMATION SHARING.—The Secretary of the
Treasury or the Secretary’s delegate shall share the
information in the report under clause (i) with the
Secretary of Labor.
(iv) PENALTY.—Any failure to file the report required under clause (i) on or before the date described
in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the
Internal Revenue Code of 1986, except that section
6652(e) of such Code shall be applied with respect to
any such failure by substituting ‘‘$100’’ for ‘‘$25’’. The
preceding sentence shall not apply if the Secretary of
the Treasury or the Secretary’s delegate determines
that reasonable diligence has been exercised by the
trustees of such plan in attempting to timely file such
report.
(H) 1974 UMWA PENSION PLAN DEFINED.—For purposes
of this paragraph, the term ‘‘1974 UMWA Pension Plan’’
has the meaning given the term in section 9701(a)(3) of
the Internal Revenue Code of 1986, but without regard to
the limitation on participation to individuals who retired
in 1976 and thereafter.
(5) 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.
ø30 U.S.C. 1232¿
OBJECTIVES OF FUND

SEC. 403. (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 following priorities in the order stated:
(1)(A) the protection; 10 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—
10 Semicolon in section 403(a)(1)(A) so in law. See amendment made by sectin 203(1)(A)(i) of
Public Law 109–432 (division C).

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(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 the 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
paragraphs (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 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.
ø30 U.S.C. 1233¿
ELIGIBLE LANDS AND WATER

SEC. 404. Lands and water eligible for reclamation or drainage
abatement expenditures under this title are those which were
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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 the date of enactment of this Act, 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.
ø30 U.S.C. 1234¿
STATE RECLAMATION PROGRAMS

SEC. 405. (a) Not later than the end of the one hundred and
eighty-day period immediately following the date of enactment of
this Act, 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.
(b) 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) The Secretary shall not approve, fund, or continue to fund
a State abandoned mine reclamation program unless that State
has an approved State regulatory program pursuant to section 503
of this Act.
(d) If the Secretary determines that 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) 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
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ity and programmatic capability to perform such work in conformance with the provisions of this title.
(f) On an annual basis, each State having an approved State
Reclamation Plan may submit to the Secretary an application for
the support of the State program and implementation of specific
reclamation projects. Such annual requests shall include such information as may be requested by the Secretary including:
(1) a general description of each proposed project;
(2) a priority evaluation of each proposed project;
(3) a statement of the estimated benefits in such terms as:
number of acres restored, miles of stream improved, acres of
surface lands protected from subsidence, population protected
from subsidence, air pollution, hazards of mine and coal refuse
disposal area fires;
(4) an estimate of the cost for each proposed project;
(5) in the case of proposed research and demonstration
projects, a description of the specific techniques to be evaluated
or objective to be attained;
(6) an identification of lands or interest therein to be acquired and the estimated cost; and
(7) in each year after the first in which a plan is filed
under this title, an inventory of each project funded under the
previous year’s grant: which inventory shall include details of
financial expenditures on such project together with a brief description of each such project, including project locations, landowner’s name, acreage, type of reclamation performed.
(g) The costs for each proposed project under this section shall
include; actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs,
construction inspection costs, and other necessary administrative
expenses.
(h) 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) The Secretary, through his designated agents, will monitor
the progress and quality of the program. The States shall not be
required at the start of any project to submit complete copies of
plans and specifications.
(j) The Secretary shall require annual and other reports as
may be necessary to be submitted by each State administering the
approved State reclamation program with funds provided under
this title. Such reports shall include that information which the
Secretary deems necessary to fulfill his responsibilities under this
title.
(k) Indian tribes having within their jurisdiction eligible lands
pursuant to section 404 or from which coal is produced, shall be
considered as a ‘‘State’’ for the purposes of this title except for purDecember 9, 2021

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poses of subsection (c) of this section with respect to the Navajo,
Hopi and Crow Indian Tribes 11
(l) 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.
ø30 U.S.C. 1235¿
RECLAMATION OF RURAL LANDS

SEC. 406. (a) In order to provide for the control and prevention
of erosion and sediment damages from unreclaimed mined lands,
and to promote the conservation and development of soil and water
resources 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) The landowner, including the owner of water rights, resident, or tenant shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the proposed land
uses and conservation treatment which shall be mutually agreed by
the Secretary of Agriculture and the landowner, including owner of
water rights, resident, or tenant to be needed on the lands for
which the plan was prepared. In those instances where it is determined that the water rights or water supply of a tenant, landowner, including owner of water rights, resident, or tenant have
been adversely affected by a surface or underground coal mine operation which has removed or disturbed a stratum so as to significantly affect the hydrologic balance, such plan may include proposed measures to enhance water quality or quantity by means of
joint action with other affected landowners, including owner of
water rights, residents, or tenants in consultation with appropriate
State and Federal agencies.
(c) 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.
11 Public Law 101–71, 101 Stat. 416, added this phrase ‘‘at the end thereof’’. The phrase probably should have been added before the period.

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(d) In return for such agreement by the landowner, including
owner of water rights, resident, or tenant, the Secretary of Agriculture is authorized to furnish financial and other assistance to
such landowner, including owner of water rights, resident, or tenant, in such amounts and subject to such conditions as the Secretary of Agriculture determines are appropriate in the public interest for carrying out the land use and conservation treatment set
forth in the agreement. Grants made under this section, depending
on the income-producing potential of the land after reclaiming,
shall provide up to 80 per centum of the cost of carrying out such
land uses and conservation treatment on not more than one hundred and twenty acres of land occupied by such owner, including
water rights owners, resident, or tenant, or on not more than one
hundred and twenty acres of land which has been purchased jointly
by such landowners, including water rights owners, residents, or
tenants, under an agreement for the enhancement of water quality
or quantity or on land which has been acquired by an appropriate
State or local agency for the purpose of implementing such agreement; except the Secretary may reduce the matching cost share
where he determines that (1) the main benefits to be derived from
the project are related to improving offsite water quality, offsite esthetic values, or other offsite benefits, and (2) the matching share
requirement would place a burden on the landowner which would
probably prevent him from participating in the program: Provided,
however, That the Secretary of Agriculture may allow for land use
and conservation treatment on such lands occupied by any such
owner in excess of such one hundred and twenty acre limitation up
to three hundred and twenty acres, but in such event the amount
of the grant to such landowner to carry out such reclamation on
such lands shall be reduced proportionately. Notwithstanding any
other provision of this section with regard to acreage limitations,
the Secretary of Agriculture may carry out reclamation treatment
projects to control erosion and improve water quality on all lands
within a hydrologic unit, consisting of not more than 25,000 acres,
if the Secretary determines that treatment of such lands as a hydrologic unit will achieve greater reduction in the adverse effects
of past surface mining practices than would be achieved if reclamation was done on individual parcels of land.
(e) The Secretary of Agriculture may terminate any agreement
with a landowner including water rights owners, operator, or occupier by mutual agreement if the Secretary of Agriculture determines that such termination would be in the public interest, and
may agree to such modification of agreements previously entered
into hereunder as he deems desirable to carry out the purposes of
this section or to facilitate the practical administration of the program authorized herein.
(f) 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
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other limitation on the production of such crop; or (2) surrender of
any such history and allotments.
(g) The Secretary of Agriculture shall be authorized to issue
such rules and regulations as he determines are necessary to carry
out the provisions of this section.
(h) In carrying out the provisions of this section, the Secretary
of Agriculture shall utilize the services of the Natural Resources
Conservation Service.
(i) 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.
ø30 U.S.C. 1236¿
ACQUISITION AND RECLAMATION OF LAND ADVERSELY AFFECTED BY
PAST COAL MINING PRACTICES

SEC. 407. (a) If the Secretary or the State pursuant to an approved State program, makes a finding of fact that—
(1) land or water resources have been adversely affected by
past coal mining practices; and
(2) the adverse effects are at a stage where, in the public
interest, action to restore, reclaim, abate, control, or prevent
should be taken; and
(3) the owners of the land or water resources where entry
must be made to restore, reclaim, abate, control, or prevent the
adverse effects of past coal mining practices are not known, or
readily available; or
(4) the owners will not give permission for the United
States, the States, political subdivisions, their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal
mining practices;
then, upon giving notice by mail to the owners if known or if not
known by posting notice upon the premises and advertising once in
a newspaper of general circulation in the municipality in which the
land lies, the Secretary, his agents, employees, or contractors, or
the State pursuant to an approved State program, shall have the
right to enter upon the property adversely affected by past coal
mining practices and any other property to have access to such
property to do all things necessary or expedient to restore, reclaim,
abate, control, or prevent the adverse effects. Such entry shall be
construed as an exercise of the police power for the protection of
public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing
to any such premises so entered upon shall be chargeable against
such land and shall mitigate or offset any claim in or any action
brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That
this provision is not intended to create new rights of action or
eliminate existing immunities.
(b) 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
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or exploratory work to determine the existence of adverse effects of
past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the
police power for the protection of public health, safety, and general
welfare and shall not be construed as an act of condemnation of
property nor trespass thereon.
(c) The Secretary or the State pursuant to an approved State
program, may acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the Secretary determines that acquisition of such land is
necessary to successful reclamation and that—
(1) the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal
mining practices, will serve recreation and historic purposes,
conservation and reclamation purposes or provide open space
benefits; and
(2) permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the
restoration, reclamation, abatement, control, or prevention of
the adverse effects of past coal mining practices; or
(3) acquisition of coal refuse disposal sites and all coal
refuse thereon will serve the purposes of this 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 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) 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
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the United States. Money received from such sale shall be deposited in the fund.
(f) The Secretary, in formulating regulations for making grants
to the States to acquire land pursuant to this section, shall specify
that acquired land meet the criteria provided for in subsections (c)
and (d) of this section. The Secretary may provide by regulation
that money derived from the lease, rental, or user charges of such
acquired land and facilities thereon will be deposited in the fund.
(g)(1) Where land acquired pursuant to this section is deemed
to be suitable for industrial, 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) 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
condemination, 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.
ø30 U.S.C. 1237¿
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LIENS

SEC. 408. (a) Within six months after the completion of projects
to restore, reclaim, abate, control, or prevent adverse effects of past
coal mining practices on privately owned land, the Secretary or the
State, pursuant to an approved State program, shall itemize the
moneys so expended and may file a statement thereof in the office
of the county in which the land lies which has the responsibility
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) 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) 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.
ø30 U.S.C. 1238¿
FILLING VOIDS AND SEALING TUNNELS

SEC. 409. (a) 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 12 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
12 Section

6009(1) of Public Law 101–508, inserted a second ‘‘the’’ before ‘‘governing’’.

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Sec. 410

authorities are authorized to carry out such work pursuant to an
approved abandoned mine reclamation program.
(b) 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)(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) In those instances where mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by filling voids and sealing tunnels may be eligible for funding providing that the disposal
of these wastes meets the purposes of this section.
(e) 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.
ø30 U.S.C. 1239¿
EMERGENCY POWERS

SEC. 410. (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
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however, That this provision is not intended to create new rights
of action or eliminate existing immunities.
ø30 U.S.C. 1240¿
SEC. 411. CERTIFICATION.
(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 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
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Sec. 411

Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to
the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section.
(e) UTILITIES AND OTHER FACILITIES.—Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to water supply,
roads, and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or
other mineral mining and processing practices, shall be deemed
part of the objectives set forth, and undertaken as they relate to,
the priorities stated in subsection (c).
(f) 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.—
(i) IN GENERAL.—Payments under subparagraph
(A) shall be made in 7 equal annual installments, beginning with fiscal year 2008.
(ii) CERTAIN PAYMENTS REQUIRED.—Not withstanding any other provision of this Act, as soon as
practicable, but not later than December 10, 2015, of
the 7 equal installments referred to in clause (i), the
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Secretary shall pay to any certified State or Indian
tribe to which the total annual payment under this
subsection was limited to $15,000,000 in 2013 and
$28,000,000 in fiscal year 2014—
(I) the final 2 installments in 2 separate payments of $82,700,000 each; and
(II) 2 separate payments of $38,250,000 each.
(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 annual amount allocated under
subparagraph (A) or (B) of section 402(g)(1) to any State
or Indian tribe that makes a certification under subsection
(a) of this section in which the Secretary concurs shall be
reallocated and available for grants under section
402(g)(5).
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Sec. 414

(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).
ø30 U.S.C. 1240a¿
FUND REPORT

SEC. 412. Not later than January 1, 1978, and annually thereafter, the Secretary or the State pursuant to an approved State
program, shall report to the Congress on operations under the fund
together with his recommendations as to future uses of the fund.
ø30 U.S.C. 1241¿
MISCELLANEOUS POWERS

SEC. 413. (a) The Secretary or the State pursuant to an approved State program, shall have the power and authority, if not
granted it otherwise, to engage in any work and to do all things
necessary or expedient, including promulgation of rules and regulations, to implement and administer the provisions of this title.
(b) 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) 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) The Secretary or the State pursuant to an approved State
program, shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The extent of this control and
treatment may be dependent upon the ultimate use of the water:
Provided, That the above provisions of this paragraph shall not be
deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as
amended) 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) The Secretary may transfer funds to other appropriate Federal agencies, in order to carry out the reclamation activities authorized by this title.
ø30 U.S.C. 1242¿
INTERAGENCY COOPERATION

SEC. 414. 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.
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46

ø30 U.S.C. 1243¿
SEC. 415. REMINING INCENTIVES.
(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.—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.
ø30 U.S.C. 1244¿

TITLE V—CONTROL OF THE ENVIRONMENTAL IMPACTS OF
SURFACE COAL MINING
ENVIRONMENTAL PROTECTION STANDARDS

SEC. 501. (a) Not later than the end of the ninety-day period
immediately following the date of enactment of this Act, the Secretary shall promulgate and publish in the Federal Register regulations covering an interim regulatory procedures 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
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Sec. 502

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 the enactment of this Act, 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).
ø30 U.S.C. 1251¿
INITIAL REGULATORY PROCEDURES

SEC. 502. (a) No person shall open or develop any new or previously mined or abandoned site for surface coal mining operations
on lands on which such operations are regulated by a State unless
such person has obtained a permit from the State’s regulatory authority.
(b) All surface coal mining operations on land on which such
operations are regulated by a State which commence operations
pursuant to a permit issued on or after six months from the date
of enactment of this Act shall comply, and such permits shall contain terms requiring compliance with, the provisions set out in subsection (c) of this section. Prior to final disapproval of a State program or prior to promulgation of a Federal program or a Federal
lands program pursuant to this Act, a State may issue such permits.
(c) On and after nine months from the date of enactment of
this Act, all surface coal mining operations on lands on which such
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),
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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 the date of enactment of this Act,
issued to a person as defined in section 701(19) in existence prior
to May 2, 1977 and 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) 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 the
date of enactment of this Act.
(e) Within six months after the date of enactment of this Act,
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 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
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Sec. 503

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. 13
(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; 14
(f) Following the final disapproval of a State program, and
prior to promulgation of a Federal program or a Federal lands program pursuant to this Act, including judicial review of such a program, existing surface coal mining operations may continue surface
mining operations pursuant to the provisions of section 502 of this
Act. 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.
ø30 U.S.C. 1252¿
STATE PROGRAMS

SEC. 503. (a) Each State in which there are or may be conducted surface coal mining operations on non-Federal lands, and
which wishes to assume exclusive jurisdiction over the regulation
of surface coal 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 eighteenth-month period beginning on the date of enactment of this Act, a State program which
demonstrates that such State has the capability of carrying out the
provisions of this Act and meeting its purposes through—
13 So
14 So

in law. The period probably should be a semicolon.
in law. The semicolon probably should be a period.

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50

(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 implementations, maintenance, and enforcement of a permit system,
meeting the requirements of this title for the regulations of
surface coal mining and reclamation operations for coal on
lands within the State;
(5) establishment of a process for the designation of areas
as unsuitable for surface coal mining in accordance with section 522 provided that the designation of Federal lands unsuitable for mining shall be performed exclusively by the Secretary
after consultation with the State; and 15
(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) 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 Clear 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.
15 So

in law. Probably should strike ‘‘and’’ after semicolon.

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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) 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 therefore. 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) 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 shorter, at
which time the requirements of sections 503 and 504 shall again
be fully applicable.
ø30 U.S.C. 1253¿
FEDERAL PROGRAMS

SEC. 504. (a) 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 the date of
enactment of this Act if such State—
(1) fails to submit a State program covering surface coal
mining and reclamation operations by the end of the eighteenmonth period beginning on the date of enactment of this Act;
(2) fails to resubmit an acceptable State program within
sixty days of disapproval of a proposed State program: Provided, That the Secretary shall not implement a Federal program prior to the expiration of the initial period allowed for
submission of a State 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
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State the Secretary shall take into consideration the nature of that
State’s terrain, climate, biological, chemical, and other relevant
physical conditions.
(b) In the event that a State has a State program for surface
coal mining, and is not enforcing any part of such program, the
Secretary may provide for the Federal enforcement, under the provisions of section 521 of that part of the State program not being
enforced by such State.
(c) Prior to promulgation and implementation of any proposed
Federal program, the Secretary shall give adequate public notice
and hold a public hearing in the affected State.
(d) Permits issued pursuant to a previously approved State
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 advice 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) 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) 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) 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
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the Federal program, be preempted and superseded by the Federal
program. The Secretary shall set forth any State law or regulation
which is preempted and superseded by the Federal program.
(h) 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.
ø30 U.S.C. 1254¿
STATE LAWS

SEC. 505. (a) No State law or regulation in effect on the date
of enactment of this Act, or which may become effective thereafter,
shall be superseded by any provision of this Act or any regulation
issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this Act.
(b) Any provision of any State law or regulation in effect upon
the date of enactment of this Act, 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 the date
of enactment of this Act, or which may become effective thereafter,
which provides for the control and regulation of surface mining and
reclamation operations for which no provision is contained in this
Act shall not be construed to be inconsistent with this Act.
ø30 U.S.C. 1255¿
PERMITS

SEC. 506. (a) 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 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) 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 sucDecember 9, 2021

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cessor 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) 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)(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—
(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
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Sec. 507

tions 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.
ø30 U.S.C. 1256¿
APPLICATION REQUIREMENTS

SEC. 507. (a) 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.
(b) 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
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in 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 and, if so, a brief explanation of the facts involved;
(6) a copy of the applicant’s advertisement to be published
in a newspaper of general circulation in the locality of the proposed site at least once a week for four successive weeks, and
which includes the ownership, a description of the exact location and boundaries of the proposed site sufficient so that the
proposed operation is readily locatable by local residents, and
the location of where the application is available for public inspection;
(7) a description of the type and method of coal mining operation that exists or is proposed, the engineering techniques
proposed or used, and the equipment used or proposed to be
used;
(8) the anticipated or actual starting and termination
dates of each phase of the mining operation and number of
acres of land to be affected;
(9) the applicant shall file with the regulatory authority on
an accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application, the
area of land within the permit area upon which the applicant
has the legal right to enter and commence surface mining operations and shall provide to the regulatory authority a statement of those documents upon which the applicant bases his
legal right to enter and commence surface mining operations
on the area affected, and whether that right is the subject of
pending court litigation: Provided, That nothing in this Act
shall be construed as vesting in the regulatory authority the
jurisdiction to adjudicate property title disputes. 16
(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
16 So

in law. The period probably should be a semicolon.

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area prior to mining is made available from an appropriate
Federal or State agency: Provided further, That the permit
shall not be approved until such information is available and
is incorporated into the application;
(12) when requested by the regulatory authority, the climatological factors that are peculiar to the locality of the land
to be affected, including the average seasonal precipitation, the
average direction and velocity of prevailing winds, and the seasonal temperature ranges;
(13) accurate maps to an appropriate scale clearly showing
(A) the land to be affected as of the date of application and (B)
all types of information set forth on topographical maps of the
United States Geological Survey of a scale of 1:24,000 or
1:25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application. Such a map or plan shall among other things specified by
the regulatory authority show all boundaries of the land to be
affected, the boundary lines and names of present owners of
record of all surface areas abutting the permit area, and the
location of all buildings within one thousand feet of the permit
area;
(14) cross-section maps or plans of the land to be affected
including the actual area to be mined, prepared by or under
the direction of and certified by a qualified registered professional engineer, or professional geologist with assistance from
experts in related fields such as land surveying and landscape
architecture, showing pertinent elevation and location of test
borings or core samplings and depicting the following information: the nature and depth of the various strata of overburden;
the location of subsurface water, if encountered, and its quality; the nature and thickness of any coal or rider seam above
the coal seam to be mined; the nature of the stratum immediately beneath the coal seam to be mined; all mineral crop
lines and the strike and dip of the coal to be mined, within the
area of land to be affected; existing or previous surface mining
limits; the location and extent of known workings of any underground mines, including mine openings to the surface; the
location of aquifers; the estimated elevation of the water table;
the location of spoil, waste, or refuse areas and top-soil preservation areas; the location of all impoundments for waste or erosion control; any settling or water treatment facility; constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be
affected or adjacent thereto; and profiles at appropriate cross
sections of the anticipated final surface configuration that will
be achieved pursuant to the operator’s proposed reclamation
plan;
(15) a statement of the result of test borings or core
samplings from the permit area, including logs of the drill
holes; the thickness of the coal seam found, an analysis of the
chemical properties of such coal; the sulfur content of any coal
seam; chemical analysis of potentially acid or toxic forming sections of the overburden; and chemical analysis of the stratum
lying immediately underneath the coal to be mined except that
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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).
(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) 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) Each applicant for a surface coal mining and reclamation
permit shall file a copy of his application for public inspection with
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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) 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) 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 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.
ø30 U.S.C. 1257¿
RECLAMATION PLAN REQUIREMENTS

SEC. 508. (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
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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 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,
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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.
ø30 U.S.C. 1258¿
PERMIT PERFORMANCE BONDS

SEC. 509. (a) 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 of 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 under the bond shall be for the duration of the
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ments 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) The regulatory authority may accept the bond of the applicant itself without separate surety when the applicant demonstrates to the satisfaction of the regulatory authority the existence of a suitable agent to receive service of process and a history
of financial solvency and continuous operation sufficient for authorization to self-insure or bond such amount or in lieu of the establishment of a bonding program, as set forth in this section, the Secretary may approve as part of a State or Federal program an alternative system that will achieve the objectives and purposes of the
bonding program pursuant to this section.
(d) 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) 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 17 as affected land acreages
are increased or decreased or where the cost of future reclamation
changes.
ø30 U.S.C. 1259¿
PERMIT APPROVAL OR DENIAL

SEC. 510. (a) Upon the basis of a complete mining application
and reclamation plan or a revision on 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) 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—
17 So

in law. Probably should read ‘‘time-to-time’’.

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(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 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 the enactment of this Act (I) produced coal in commercial quantities,
and were located within or adjacent to alluvial valley floors or
(II) had obtained specific permit approval by the State regulatory authority to conduct surface coal mining operations
within said alluvial valley floors.
With respect to such surface mining operations which would have
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
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its 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, convey to the fee holder of any
such coal deposits involving such mining operations the fee title to
other available Federal coal deposits in exchange for the fee title
to such deposits so involving such mining operations. It is the policy of the Congress that the Secretary shall develop and carry out
a coal exchange program to acquire private fee coal precluded from
being mined by the restrictions of this paragraph (5) in exchange
for Federal coal which is not so precluded. Such exchanges shall be
made under section 206 of the Federal Land Policy and Management Act of 1976;
(6) in cases where the private mineral estate has been severed from the private surface estate, the applicant has submitted to the regulatory authority—
(A) the written consent of the surface owner to the 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) 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 18 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)(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 Agri18 So

in law. Probably should be followed by ‘‘in’’.

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Sec. 511

culture, and pursuant to regulations issued hereunder by the Secretary of 19 Interior with the concurrence of the Secretary of Agriculture, grant a permit to mine on prime farmland if the regulatory
authority finds in writing that the operator has the technological
capability to restore such mined area, within a reasonable time, to
equivalent or higher levels of yield as non-mined prime farmland
in the surrounding area under equivalent levels of management
and can meet the soil reconstruction standards in Section 515(b)(7).
Except for compliance with subsection (b), the requirements of this
paragraph (1) shall apply to all permits issued after the date of enactment of this Act.
(2) Nothing in this subsection shall apply to any permit issued
prior to the date of enactment of this Act, or to any revisions or
renewals thereof, or to any existing surface mining operations for
which a permit was issued prior to the date of enactment of this
Act.
(e) MODIFICATION OF PROHIBITION.—After the date of enactment of this subsection, 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).
ø30 U.S.C. 1260¿
REVISION OF PERMITS

SEC. 511. (a)(1) During the term of the permit the permittee
may submit an application for a revision of the permit, together
with a revised reclamation plan, to the regulatory authority.
(2) An application for a revision of a permit shall not be approved unless the regulatory authority finds that reclamation as required by this Act and 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) No transfer, assignment, or sale of the rights granted under
any permit issued pursuant to this Act shall be made without the
written approval of the regulatory authority.
(c) The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority, review outstanding permits and may require reasonable revision or
19 So

in law. Probably should be ‘‘of the’’.

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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.
ø30 U.S.C. 1261¿
COAL EXPLORATION PERMITS

SEC. 512. (a) 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, incuding excavations, roads, drill holes, and the removal of necessary facilities
and equipment.
(b) 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) 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) No operator shall remove more than two hundred and fifty
tons of coal pursuant to an exploration permit without the specific
written approval of the regulatory authority.
(e) Coal exploration on Federal lands shall be governed by section 4 of the Federal Coal Leasing Amendments Act of 1975 (90
Stat. 1085).
ø30 U.S.C. 1262¿
PUBLIC NOTICE AND PUBLIC HEARINGS

SEC. 513. (a) At the time of submission of an application for
a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to the provisions of this Act or an approved
State program, the applicant shall submit to the regulatory authority a copy of is advertisment 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 20 water companies in the locality in which the proposed surface
mining will take place, notifying them of the operator’s intention
20 So

in law. Probably should be ‘‘or’’.

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Sec. 514

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) Any person having an interest which is or may be adversely
affected or the officer or head of any Federal, State, or local governmental agency or authority shall have the right to file written objections to the proposed initial or revised application for a permit
for surface coal mining and reclamation operation with the regulatory authority within thirty days after the last publication of the
above notice. Such objections shall immediately be transmitted to
the applicant by the regulatory authority and shall be made available to the public. If written objections are filed and an informal
conference requested, the regulatory authority shall then hold an
informal conference in the locality of the proposed mining, if requested within a reasonable time of the receipt of such objections
or request. The date, time and location of such informal conference
shall be advertised by the regulatory authority in a newspaper of
general circulation in the locality at least two weeks prior to the
scheduled conference date. The regulatory authority may arrange
with the applicant upon request by any party to the administrative
proceeding access to the proposed mining area for the purpose of
gathering information relevant to the proceeding. An electronic or
stenographic record shall be made of the conference proceeding, unless waived by all parties. Such record shall be maintained and
shall be accessible to the parties until final release of the applicant’s performance bond. In the event all parties requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, such informal conference need not be held.
(c) Where the lands included in an application for a permit are
the subject of a Federal coal lease in connection with which hearings were held and determinations were made under sections
2(a)(3) (A), (B) and (C) of the Mineral Lands Leasing Act, as
amended (30 U.S.C. 201a) (3) (A), (B) and (C), 21 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.
ø30 U.S.C. 1263¿
DECISIONS OF REGULATORY AUTHORITY AND APPEALS

SEC. 514. (a) If an informal conference has been held pursuant
to section 513(b), the regulatory authority shall issue and furnish
21 So

in law. It should read ‘‘(30 U.S..C 201(a)(3) (A), (B) and (C)),’’.

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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 therefore, within the sixty days of said hearings.
(b) 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.
(c) If the application is approved, the permit shall be issued.
If the application is disapproved, specific reasons therefor must be
set forth in the notification. Within thirty days after the applicant
is 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) 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) 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 reDecember 9, 2021

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quired by this Act shall be made, and a transcript made available
on the motion of any party or by order of the regulatory authority.
(f) Any applicant or any person with an interest which is or
may be adversely affected who has participated in the administrative 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.
ø30 U.S.C. 1264¿
ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS

SEC. 515. (a) Any permit issued under any approved State or
Federal program pursuant to this Act to conduct surface coal mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this Act,
and such other requirements as the regulatory authority shall promulgate.
(b) General performance standards shall be applicable to all
surface coal mining and reclamation operations and shall require
the operation as a minimum to—
(1) conduct surface coal mining operations so as to maximize the utilization and conservation of the solid fuel resource
being recovered so that reaffecting the land in the future
through surface coal mining can be minimized;
(2) restore the land affected to a condition capable of 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 backfill, grade, and compact (where advisable) using all available
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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 materails to attain the lowest grade
but not more than the angle of repose, and to cover all acidforming 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 materials, and is in a usable condition for sustaining vegetation
when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or
if other strata can be shown to be more suitable for vegetation
requirements, then the operator shall remove segregate, and
preserve in a like manner such other strata which is best able
to support vegetation;
(6) restore the topsoil or the best available subsoil which
is best able to support vegetation;
(7) for all prime farm lands as identified in section
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;
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(B) segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a combination of
such horizons or other strata that are shown to be both
texturally and chemically suitable for plant growth and
that can be shown to be equally or more favorable for
plant growth than the B horizon, in sufficient quantities to
create in the regraded final soil a root zone of comparable
depth and quality to that which existed in the natural soil;
and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection
from wind and water erosion or contamination by other
acid or toxic material;
(C) replace and regrade the root zone material described in (B) above with proper compaction and uniform
depth over the regraded spoil material; and
(D) redistribute and grade in a uniform manner the
surface soil horizon described in subparagraph (A);
(8) create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water
on mining sites as part of reclamation activities only when it
is adequately demonstrated that—
(A) the size of the impoundment is adequate for its intended purposes;
(B) the impoundment dam construction will be so designed as to achieve necessary stability with an adequate
margin of safety compatible with that or 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 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, 22 recreational, or domestic uses;
(9) conducting 23 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 con22 So
23 So

in law. Probably should be followed by a comma.
in law. Probably should be ‘‘conduct’’.

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servation of the solid fuel resources or to protect against adverse water quality impacts;
(10) minimize the disturbances to the prevailing hydrologic
balance at the mine-site and in associated offsite areas and to
the quality and quantity of water in surface and ground water
systems both during and after surface coal mining operations
and during reclamation by—
(A) avoiding acid or other toxic mine drainage by such
measures as, but not limited to—
(i) preventing or removing water from contact
with toxic producing deposits;
(ii) treating drainage to reduce toxic content which
adversely affects downstream water upon being released to water courses;
(iii) casing, sealing, or otherwise managing
boreholes, shafts, and wells and keep 24 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
24 So

in law. Probably should be ‘‘keeping’’.

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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 (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,
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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. 25
(16) insure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the surface coal mining operations: Provided, however, That where the applicant proposes to combine surface
mining operations with underground mining operations to assure maximum practical recovery of the mineral resources, the
regulatory authority may grant a variance for specific areas
within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as practicable
to permit underground mining operations prior to reclamation:
(A) if the regulatory authority finds in writing that:
(i) the applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;
(ii) the proposed underground mining operations
are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid
multiple disturbance of the surface;
(iii) the applicant has satisfactorily demonstrated
that the plan for the underground mining operations
conforms to requirements for underground mining in
the jurisdiction and that permits necessary for the underground mining operations have been issued by the
appropriate authority;
(iv) the areas proposed for the variance have been
shown by the applicant to be necessary for the implementing of the proposed underground mining operations;
(v) no substantial adverse environmental damage,
either on-site or off-site, will result from the delay in
completion of reclamation as required by this 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;
25 So

in law. The period probably should be a semicolon.

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(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. 26
(17) insure that the construction, maintenance, and
postmining conditions of access roads into and across the site
of operations will control or prevent erosion and siltation, pollution of water, damage to fish or wildlife or their habitat, or
public or private property;
(18) refrain from the construction of roads or other access
ways up a stream bed or drainage channel or in such proximity
to such channel so as to seriously alter the normal flow of
water;
(19) establish on the regraded areas, and all other lands
affected, a diverse, effective, and permanent vegetative cover of
the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at
least equal in extent of cover to the natural vegetation of the
area; except, that introduced species may be used in the revegetation process where desirable and necessary to achieve
the approved postmining land use plan;
(20)(A) assume the responsibility for successful revegetation, as required by paragraph (19) above, for a period of five
full years after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to assure compliance with
paragraph (19) above, except in those areas or regions of the
country where the annual average precipitation is twenty-six
inches or less, then the operator’s assumption of responsibility
and liability will extend for a period of ten full years after the
last year of augmented seeding, fertilizing, irrigation, or other
work: Provided, That when the regulatory authority approves
a long-term intensive agricultural postmining land use, the applicable five- or ten-year period of responsibility for revegetation shall commence at the date of initial planting for such
long-term intensive agricultural postmining land use: Provided
further, That when the regulatory authority issues a written
finding approving a long-term, intensive, agricultural
postmining land use as part of the mining and reclamation
plan, the authority may grant exception to the provisions of
paragraph (19) above;
(B) on lands eligible for remining assume the responsibility
for successful revegetation for a period of two full years after
the last year of augmented seeding, fertilizing, irrigation, or
other work in order to assure compliance with the applicable
standards, except in those areas or regions of the country
where the annual average precipitation is twenty-six inches or
less, then the operator’s assumption of responsibility and liabil26 So

in law. The period probably should be a semicolon.

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ity 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.
(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. 27
(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 28
(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;
27 So
28 So

in law. The period probably should be a semicolon.
in law. The word ‘‘and’’ probably should appear at the end of paragraph (24).

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(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)(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 or 29 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;
(C) the proposed use would be consistent with adjacent
land uses, and existing State and local land use plans and programs;
29 So

in law. Probably should be ‘‘for’’.

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(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; 30
(5) The regulatory authority shall promulgate specific regulations to govern the granting of permits in accord with the provisions of this subsection, and may impose such additional requirements as he deems to be necessary.
(6) All permits granted under the provisions of this subsection
shall be reviewed not more than three years from the date of
issuance of the permit, unless the applicant affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the approved schedule and reclamation
plan.
(d) The following performance standards shall be applicable to
steep-slope surface coal mining and shall be in addition to those
general performance standards required by this section: Provided,
however, That the provisions of this subsection (d) shall not apply
to those situations in which an operator is mining on flat or gently
rolling terrain, on which an occasional steep slope is encountered
through which the mining operation is to proceed, leaving a plain
or predominantly flat area or where an operator is in compliance
with provisions of subsection (c) hereof:
(1) Insure that when performing surface coal mining on steep
slopes, no debris, abandoned or disabled equipment, spoil material,
or waste mineral matter be placed on the downslope below the
bench or mining cut: Provided, That spoil material in excess of that
required for the reconstruction of the approximate original contour
under the provisions of 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 appro30 So

in law. The semicolon probably should be a period.

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priate 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)(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 a 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).
(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.
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(f) The Secretary, with the written concurrence of the Chief of
Engineers, shall establish within one hundred and thirty-five days
from the date of enactment, standards and criteria regulating the
design, location, construction, operation, maintenance, enlargement, modification, removal, and abandonment of new and existing
coal mine waste piles referred to in section 515(b)(13) and section
516(b)(5). Such standards and criteria shall conform to the standards and criteria used by the Chief of Engineers to insure that
flood control structures are safe and effectively perform their intended function. In addition to engineering and other technical
specifications the 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.
ø30 U.S.C. 1265¿
SURFACE EFFECTS OF UNDERGROUND COAL MINING OPERATIONS

SEC. 516. (a) 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) Each permit issued under any approved State or Federal
program pursuant to this Act 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 off 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;
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(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;
(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
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improvement of 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 section 515 of
this title for such effects 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 acidproducing or iron-producing coal seams in such a manner as to
prevent a gravity discharge of water from the mine.
(c) In order to protect to protect the stability of the land, the
regulatory authority shall suspend underground coal mining under
urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams if he finds imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.
(d) The provisions of title V of this Act relating to State and
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
differencet 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.
ø30 U.S.C. 1266¿
INSPECTIONS AND MONITORING

SEC. 517. (a) 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) 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
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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
an copy any records, inspect any monitoring equipment or
method of operation required under this Act.
(c) The inspections by the regulatory authority shall (1) occur
on an irregular basis averaging not less than one partial inspection
per month and one complete inspection per calendar quarter for the
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) 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) 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.
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(f) 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) 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 enactment of this
Act, publish in the Federal Register, in accordance with section 553
of title 5, United States Code, regulations to establish methods by
which the provisions of this subsection will be monitored and enforced by the Secretary and such State regulatory authority, including appropriate provisions for the filing by such employees and the
review of statements and supplements thereto concerning any financial interest which may be affected by this subsection, and (2)
report to the Congress as part of the Annual Report (section 706)
on actions taken and not taken during the preceding year under
this subsection.
(h)(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.
ø30 U.S.C. 1267¿
PENALTIES

SEC. 518. (a) In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to section 502 or during Federal enforcement of a State program pursuant to section 521 of this Act, any permittee who violates any permit 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
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deemed a separate violation for purposes of penalty assessments.
In determining the amount of the penalty, consideration shall be
given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any
hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee
charged in attempting to achieve rapid compliance after notification of the violation.
(b) A civil penalty shall be assessed by the Secretary only after
the person charged with a violation described under subsection (a)
of this section has been given an opportunity for a public hearing.
Where such a public hearing has been held, the Secretary shall
make findings of fact, and he shall issue a written decision as to
the occurrence of the violation and the amount of the penalty
which is warranted, incorporating, when appropriate, an order
therein requiring that the penalty be paid. When appropriate, the
Secretary shall consolidate such hearings with other proceedings
under section 521 of this Act. Any hearing under this section shall
be of record and shall be subject to section 554 of title 5 of the
United States Code. Where the person charged with such a violation fails to avail himself of the opportunity for a public hearing,
a civil penalty shall be assessed by the Secretary after the Secretary has determined that a violation did occur, and the amount
of the penalty which is warranted, and has issued an order requiring that the penalty be paid.
(c) Upon the issuance of a notice or order charging that a violation of the Act has occurred, the Secretary shall inform the operator within thirty days of the proposed amount of said penalty. The
person charged with the penalty shall then have thirty days to pay
the 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 a 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 penalties owned 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) 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 or section 704 of this Act, shall, upon conviction, be punDecember 9, 2021

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ished by a fine of not more than $10,000, or by imprisonment for
not more than one year or both.
(f) Whenever a corporate permittee violates a condition of a
permit issued pursuant to a Federal program, a Federal lands program or Federal enforcement pursuant to section 502 or Federal
enforcement of a State program pursuant to section 521 of this Act
or fails or 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) 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) 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 of 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) 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 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.
ø30 U.S.C. 1268¿
RELEASE OF PERFORMANCE BONDS OR DEPOSITS

SEC. 519. (a) 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 operDecember 9, 2021

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ator 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) 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) The regulatory authority may release in whole or in part
said bond or deposit if the authority is satisfied the reclamation
covered by the bond or deposit or portion thereof has been accomplished as required by this 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).
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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) 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) 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) Any person with a valid legal interest which might be adversely affected by release of the bond or the responsible officer or
head of any Federal, State, or local governmental agency which has
jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or is
authorized to develop and enforce environmental standards with
respect to such operations shall have the right to file written objections to the proposed release from bond to the regulatory authority
within thirty days after the last publication of the above notice. If
written objections are filed, and a hearing requested, the regulatory
authority shall inform all the interested parties, of the time and
place of the hearing, and hold a public hearing in the locality of
the surface coal mining operation proposed for bond release within
thirty days of the request for such hearing. The date, time, and location of such public hearings shall be advertised by the regulatory
authority in a newspaper of general circulation in the locality for
two consecutive weeks, and shall hold a public hearing in the locality of the surface coal mining operation proposed for bond release
or at the State capital at the option of the objector, within thirty
days of the request for such hearing.
(g) 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) 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
taken evidence including but not limited to inspection 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
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available on the motion of any party or by order of the regulatory
authority.
ø30 U.S.C. 1269¿
CITIZEN SUITS

SEC. 520. (a) Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely
affected may commence a civil action on his own behalf to compel
compliance with this Act—
(1) against the United States or any other governmental
instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution which is alleged to be in
violation of the provisions of this Act or of any rule, regulation,
order or permit issued pursuant thereto, or against any other
person who is alleged to be in violation of any rule, regulation,
order or permit issued pursuant to this title; or
(2) against the Secretary or the appropriate State regulatory authority to the extent permitted by the eleventh
amendment to the Constitution where there is alleged a failure
of the Secretary or the appropriate State regulatory authority
to perform any act or duty under this Act which is not discretionary with the 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) 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)(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 its 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.
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(d) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of litigation (including attorney and expert witness fees) to any party,
whenever the court determines such award is appropriate. The
court may, if a temporary restraining order or preliminary injunction is sought require the filing of a bond or equivalent security in
accordance with the Federal Rules of Civil Procedure.
(e) 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) 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.
ø30 U.S.C. 1270¿
ENFORCEMENT

SEC. 521. (a)(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 violation of any requirement of this Act or any permit condition required by this Act,
which condition, practice, or violation also creates an imminent
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mental 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
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representative also find that such violations are caused by the unwarranted failure of the permittee to comply with any requirements of this Act or any permit conditions, or that such violations
are willfully caused by the permittee, the Secretary or his authorized representative shall 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 hearings.
(b) Whenever on the basis of information available to him, the
Secretary has reason to believe that violations of all or any part of
an approved State program result from a failure of the State to enforce such State program or any part thereof effectively, he shall
after 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 findings. 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.
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(c) 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) 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
ø30 U.S.C. 1271¿
DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING

SEC. 522. (a)(1) To be eligible to assume primary regulatory authority pursuant to section 503, each State shall establish a planning process enabling objective decisions based upon competent
and scientifically sound data and information as to which, if any,
land areas of a State are unsuitable for all or certain types of surface coal mining operations pursuant to the standards set forth in
paragraphs (2) and (3) of this subsection but such designation shall
not prevent the mineral exploration pursuant to the 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.
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(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 longrange productivity of water supply or of food or fiber products,
and such lands to include acquifers 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 the
date of enactment of this Act or under a permit issued pursuant
to this Act, or where substantial legal and financial commitments
in such operation were in existence prior to January 4, 1977.
(b) The Secretary shall conduct a review of the Federal lands
to determine, pursuant to the standards set forth in paragraphs (2)
and (3) of subsection (a) of this section, whether there are areas on
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 or all or certain types of surface coal
mining operations, he shall withdraw such area or condition any
mineral leasing or mineral entries in a manner so as to limit surface coal mining operations on such area. Where a Federal program
has been implemented in a State pursuant to section 504, the Secretary shall implement a process for designation of areas unsuitable for surface coal mining for non-Federal lands within such
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dures of this section. Prior to designating Federal lands unsuitable
for such mining, the Secretary shall consult with the appropriate
State and local agencies.
(c) 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. 31 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) 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) After the enactment of this Act and subject to valid existing
rights no surface coal mining operations except those which exist
on the date of enactment of this Act shall be permitted—
(1) on any lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, the
National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including
study rivers 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 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, the Federal Coal
Leasing Amendments Act of 1975, the National Forest
Management Act of 1976, and the provisions of this Act:
31 So

in law. Probably should be ‘‘therefor’’.

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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.
ø30 U.S.C. 1272¿
FEDERAL LANDS

SEC. 523. (a) No later than one year after the date of enactment of this Act, the Secretary shall promulgate and implement a
Federal lands program which shall be applicable to all surface coal
mining and reclamation operations taking place pursuant to any
Federal law on any Federal lands: Provided, That except as provided in section 710 the provisions of this Act shall not be applicable to Indian lands. The Federal lands program shall, at a minimum, incorporate all of the requirements of this Act and shall
take into consideration the diverse physical, climatological, and
other unique characteristics of the 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 2(a),
(2)(B) 32 and 2(a)(3) of the Federal Mineral Leasing Act, as amended, 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) 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 min32 So

in law. Probably should be ‘‘201(a)(2)(B)’’.

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Sec. 525

ing and reclamation operations to conform with the requirements
of this Act and the regulations issued pursuant to this Act.
(c) Any State with an approved State program may elect to
enter into a cooperative agreement with the Secretary to provide
for State regulation of surface coal mining and reclamation operations on Federal lands within the State, provided the Secretary
determines in writing that such State has the necessary personnel
and fundings to fully implement such a cooperative agreement in
accordance with the provision of this Act. States with cooperative
agreements existing on the date of enactment of this Act, may elect
to continue regulation on Federal lands within the State, prior to
approval by the Secretary of their State program, or imposition of
a Federal program, provided that such existing cooperative agreement is modified to fully comply 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) 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.
ø30 U.S.C. 1273¿
PUBLIC AGENCIES, PUBLIC UTILITIES, AND PUBLIC CORPORATIONS

SEC. 524. Any agency, unit, or instrumentality of Federal,
State, or local government, including any publicly owned utility or
publicly owned corporation of Federal, State, or local government,
which 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.
ø30 U.S.C. 1274¿
REVIEW BY SECRETARY

SEC. 525. (a)(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 of 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
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for reveiw 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) 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 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) 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) 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.
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(e) Whenever an order is issued under this section, or as a result of any administrative proceeding under this Act, at the request
of any person, a sum equal to the aggregate amount of all costs and
expenses (including attorney fees) as determined by the Secretary
to have been 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.
ø30 U.S.C. 1275¿
JUDICIAL REVIEW

SEC. 526. (a)(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) 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.
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(c) In the case of a proceeding to review any order or decision
issued by the Secretary under 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) 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 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.
ø30 U.S.C. 1276¿
SPECIAL BITUMINOUS COAL MINES

SEC. 527. (a) 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 contempleated to be mined in the current operation;
(4) the amount of material removed is large in proportion
to the surface area disturbed;
(5) there is no practicable alternative method of mining the
coal involved;
(6) there is no practicable method to reclaim the land in
the manner required by this Act; and
(7) the specific mine pit has been actually producing coal
since January 1, 1972, in such manner as to meet the criteria
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Sec. 529

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) Such separate regulations shall also contain a distinct part
to cover and pertain to new bituminous coal surface mines which
may be developed after the date of enactment of this Act on lands
immediately adjacent to lands upon which are located special bituminous mines existing on January 1, 1972. Such new mines shall
meet the criteria of section 527(a) except for subparagraphs (3) and
(7), and all 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) Such alternative regulations may pertain only to the standards governing onsite handling of spoils, elimination of depressions
capable of collecting water, creation of impoundments, and regrading to the approximate original contour and shall specify that remaining highwalls are stable. All other performance standards in
this title shall apply to such mines.
ø30 U.S.C. 1277¿
SURFACE MINING OPERATIONS NOT SUBJECT TO THIS ACT

SEC. 528. The provisions of this Act shall not apply to any of
the following activities:
(1) the extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; and
(2) the extraction of coal as an incidental part of Federal,
State and local goverment-financed highway or other construction under regulations established by the regulatory authority.
ø30 U.S.C. 1278¿
ANTHRACITE COAL MINES

SEC. 529. (a) The Secretary is hereby authorized to and shall
issue separate regulations according to time schedules established
in the Act for anthracite coal surface mines, if such mines are regulated by environmental protection standards of the State in which
they are located. Such alternative regulations shall adopt, in each
instance, the environmental protection provisions of the State regulatory program in existence at the date of enactment of this Act in
lieu of sections 515 and 516. Provisions of sections 509 and 519 are
applicable except for specified bond limits and period of revegetation responsibility. All 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 abovecited sections of this Act, the Secretary shall issue such additional
regulations as necessary to meet the purposes of this Act.
(b) The Secretary of Interior shall report to Congress biennially, commencing on December 31, 1977, as to the effectiveness of
such State anthracite regulatory programs operating in conjunction
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with this Act with respect to protecting the environment and such
reports shall include those recommendations the Secretary deems
necessary for program changes in order to better meet the environmental protection objectives of this Act.
ø30 U.S.C. 1279¿

TITLE VI—DESIGNATION OF LANDS UNSUITABLE FOR
NONCOAL MINING
DESIGNATION PROCEDURES

SEC. 601. (a) With respect to Federal lands within any State,
the Secretary of Interior may, and if so requested by the Governor
of such State shall, review any area within such lands to assess
whether it may be unsuitable for mining operations for minerals or
materials other than coal, pursuant to the criteria and procedures
of this section.
(b) An area of Federal land may be designated under this section as unsuitable for mining operations if (1) such area consists
of Federal land of a predominantly urban or suburban character,
used primarily for residential or related purposes, the mineral estate of which remains in the public domain, or (2) such area consists of Federal land where mining operations would have an adverse impact on lands used primarily for residential or related purposes.
(c) Any person having an interest which is or may be adversely
affected shall have the right to petition the Secretary to seek exclusion of an area from mining operations pursuant to this section or
the redesignation of an area or part thereof as suitable for such 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) 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 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) 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 reDecember 9, 2021

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Sec. 701

sources, and (iii) the impact of such designation or the absence of
such designation on the environment, economy, and the supply for
such mineral resources.
(f) When the Secretary designates an area of Federal lands as
unsuitable for all or certain types of mining operations for minerals
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) 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.
ø30 U.S.C. 1281¿

TITLE VII—ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
DEFINITIONS

SEC. 701. For the purposes of this Act—
(1) ‘‘alluvial valley floors’’ means the unconsolidated
stream laid deposits holding streams where water availability
is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally
overlain by a thin veneer of colluvial deposits composed chiefly
of debris from sheet crosion, 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
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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. 33
(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 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 for 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
33 So

in law. The period probably should be a semicolon.

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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. 34
(21) ‘‘reclamation plan’’ means a plan submitted by an applicant for a permit under a State program or Federal program
which sets forth a plan for reclamation of the proposed surface
coal mining operations pursuant to section 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 the
date of enactment of this Act;
(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 di34 So

in law. The period probably should be a semicolon.

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106

rectly 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
162⁄3 per centum of the tonnage of minerals removed for
purposes of commercial use of sale or coal explorations
subject to section 512 of this Act; and
(B) the areas upon which such activities occur or
where such activities disturb the natural land surface.
Such areas shall also include any adjacent land the use of
which is incidental to any such activities, all lands affected
by the 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 this
permit or any requirement of this Act due to indifference, lack
of diligence, or lack of reasonable care, or the failure to abate
any 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;
(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).
ø30 U.S.C. 1291¿
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Sec. 703

OTHER FEDERAL LAWS

SEC. 702. (a) 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.).
(b) 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) 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) 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).
ø30 U.S.C. 1292¿
EMPLOYEE PROTECTION

SEC. 703. (a) 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.
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Sec. 704

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108

(b) Any employee or a representative of employees who believes
that he has been fired or otherwise discriminated against by any
person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary
for a review of such firing or alleged discrimination. A copy of the
application shall be sent to the person or operator who will be the
respondent. Upon receipt of such application, the Secretary shall
cause such investigation to be made as he deems appropriate. Such
investigation shall provide an opportunity for a public hearing at
the request of any party to such review to enable the parties to
present information 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) 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.
ø30 U.S.C. 1293¿
PROTECTION OF GOVERNMENT EMPLOYEES

SEC. 704. Section 1114, title 18, United State Code, is hereby
amended by adding the words ‘‘or of the Department of the Interior’’ after the words ‘‘Department of Labor’’ contained in that section. Any person who shall, except as permitted by law, willfully
resist, prevent, impede, or interfere with the Secretary or any of
his agents in the performance of duties pursuant to this Act shall
be punished by a fine of not more than $5,000 or by imprisonment
for not more than one year, or both.
ø30 U.S.C. 1294¿
GRANTS TO THE STATES

SEC. 705. (a) The Secretary is authorized to make annual
grants to any State for the purpose of assisting such State in developing, administering, and enforcing State programs under this Act.
Except as provided in subsection (c) of this section, such grants
shall not exceed 80 per centum of the total costs incurred during
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Sec. 708

ond year, and 50 per centum of the total costs incurred during each
year thereafter.
(b) The Secretary is authorized to cooperate with and provide
assistance to any State for the purpose of assisting it in the 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) 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.
ø30 U.S.C. 1295¿
ANNUAL REPORT

SEC. 706. The Secretary shall submit annually to the President
and the Congress a report concerning activities conducted by him,
the Federal Government, and the States pursuant to this Act.
Among other matters, the Secretary shall include in such report
recommendations for additional administrative or legislative action
as he deems necessary and desirable to accomplish the purposes of
this Act.
ø30 U.S.C. 1296¿
SEVERABILITY

SEC. 707. 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.
ø30 U.S.C. 1297¿
ALASKAN SURFACE COAL MINE STUDY

SEC. 708. (a) The Secretary is directed to contract to such extent or in such amounts as are provided in advance in appropriation Acts with the National Academy of Sciences-National Academy
of 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.
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SURFACE MINING CONTROL & RECLAMATION

110

(b) The Secretary shall report on the findings of the study to
the President and Congress no later than two years after the date
of enactment of this Act.
(c) The Secretary shall include in his report a draft of legislation to implement any changes recommended to this Act.
(d) Until one year after the Secretary has made this report to
the President and Congress, or three years after the date of enactment of this Act, whichever comes first, the Secretary is authorized
to 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 enactment of this Act if he determines that it is necessary to insure the continued operation of such
surface coal mining operation. The Secretary may exercise this authority only after he has (1) published notice of proposed modification in the Federal Register and in a newspaper of general circulation in the area of Alaska in which the affected surface coal mining
operation is located, and (2) held a public hearing on the proposed
modification in Alaska.
(e) 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) 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.
ø30 U.S.C. 1298¿
STUDY OF RECLAMATION STANDARDS FOR SURFACE MINING OF OTHER
MINERALS

SEC. 709. (a) The Chairman of the Council on Environmental
Quality is directed to contract to such extent or in such amounts
as are provided in appropriation Acts with the National Academy
of Sciences-National Academy of Engineering, other Government
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
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Sec. 710

(4) discuss alternative regulatory mechanisms designed to
insure the achievement of the most beneficial postmining land
use for areas affected by surface and open pit mining.
(b) The study together with specific legislative recommendations shall be submitted to the President and the Congress no later
than eighteen months after the date of enactment of this Act: Provided, That, with respect to surface or open pit mining for sand
and gravel the study shall be submitted no later than twelve
months after the date of enactment of this Act: Provided further,
That with respect to mining for oil shale and tar sands that a preliminary report shall be submitted no later than twelve months
after the date of enactment of this Act.
(c) There are hereby authorized to be appropriated for the purpose of this section $500,000: Provided, That no new budget authority is authorized to be appropriated for fiscal year 1977.
ø30 U.S.C. 1299¿
INDIAN LANDS

SEC. 710. (a) The Secretary is directed to study the question
of the regulation of surface mining on Indian lands which will
achieve the purpose of this Act and recognize the special jurisdictional status of these lands. In carrying out this study the Secretary shall consult with Indian tribes. The study report shall include proposed legislation designed to allow Indian tribes to elect
to assume full regulatory authority over the administration and enforcement of regulation of surface mining of coal on Indian lands.
(b) The study report required by subsection (a) together with
drafts of proposed legislation and the view of each Indian tribe
which would be affected shall be submitted to the Congress as soon
as possible but not later than January 1, 1978.
(c) On and after one hundred and thirty-five days from the enactment of this Act, 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), 515(b)(19), and 515(d) of this Act and the Secretary
shall incorporate the requirements of such provisions in all existing
and new leases issued for coal on Indian lands.
(d) On and after thirty months from the enactment of this Act,
all surface coal mining operations on Indian lands shall comply
with requirements at least as stringent as those imposed by sections 507, 508, 509, 510, 515, 516, 517, and 519 of this Act and the
Secretary shall incorporate the requirements of such provisions in
all existing and new leases for coal on Indian lands.
(e) With respect to leases issued after the date of enactment of
this Act, the Secretary shall include and enforce terms and conditions in addition to those required by subsections (c) and (d) as may
be requested by the Indian tribe in such leases.
(f) Any change required by subsection (c) or (d) of this section
in the terms and conditions of any coal lease on Indian lands existing on the date of enactment of this Act, shall require the approval
of the Secretary.
(g) The Secretary shall provide for adequate participation by
the various Indian tribes affected in the study authorized in this
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section and not more than $700,000 of the funds authorized in section 712(a) shall be reserved for this purpose.
(h) The Secretary shall analyze and make recommendations regarding the jurisdictional status of Indian Lands 35 outside the exterior boundaries of Indian reservations: Provided, That nothing in
this Act shall change the existing jurisdictional status of Indian
Lands. 35
(i) GRANTS.—The Secretary shall make grants to the Navajo,
Hopi, Northern Cheyenne, and Crow tribes to assist such tribes in
developing regulations and programs for regulating surface coal
mining and reclamation operations on Indian lands. Grants made
under this subsection shall be used to establish an office of surface
mining regulation for each such tribe. Each such office shall—
(1) develop tribal regulations and program policies with respect to surface mining;
(2) assist the Office of Surface Mining Reclamation and
Enforcement established by section 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
35 So

in law. Probably should be ‘‘lands’’.

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Sec. 711

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.
(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.
ø30 U.S.C. 1300¿
EXPERIMENTAL PRACTICES

SEC. 711. In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial,
commercial, residential, or public use (including recreational facilities), the regulatory authority with approval by the Secretary may
authorize departures in individual cases on an experimental basis
from the environmental protection performance standards promulgated under sections 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 protecDecember 9, 2021

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tion afforded public health and safety below that provided by promulgated standards.
ø30 U.S.C. 1301¿
AUTHORIZATION OF APPROPRIATIONS

SEC. 712. There is authorized to be appropriated to the Secretary for the purposes of this Act the following sums; and all such
funds appropriated shall remain available until expended; 36
(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).
(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.
ø30 U.S.C. 1302¿
COORDINATION OF REGULATORY AND INSPECTION ACTIVITIES

SEC. 713. (a) The President shall, to the extent appropriate,
and in keeping with the particular enforcement requirements of
each Act referred to herein, insure the coordination of regulatory
and inspection activities among the departments, agencies, and instrumentalities to which such activities are assigned by this Act,
by the Clean Air Act, by the Water Pollution Control Act, by the
Department of Energy Organization Act, and by existing or subsequently enacted Federal mine safety and health laws, except that
no such coordination shall be required with respect to mine safety
and health inspections, advance notice of which is or may be prohibited by existing or subsequently enacted Federal mine safety
and health laws.
(b) The President may execute the coordination required by
this section by means of an Executive order, or by any other mechanism he determines to be appropriate.
ø30 U.S.C. 1303¿
36 So

in law. Should probably should be a colon.

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Sec. 714

SURFACE OWNER PROTECTION

SEC. 714. (a) The provisions of this section shall apply where
coal owned by the United States under land the surface rights to
which are owned by a surface owner as defined in this section is
to be mined by methods other than underground mining techniques.
(b) Any coal deposits subject to this section shall be offered for
lease pursuant to section 2(a) of the Mineral Lands Leasing Act of
1920, as amended.
(c) The Secretary shall not enter into any lease of Federal coal
deposits until the surface owner has given written consent to enter
and commence surface mining operations and the Secretary has obtained evidence of such consent. Valid written consent given by any
surface owner prior to the enactment of this Act shall be deemed
sufficient for the purposes of complying with this section.
(d) 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, 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) 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) This section shall not apply to Indian lands.
(g) Nothing in this section shall be construed as increasing or
diminishing any property rights by the United States or by any
other landowner.
ø30 U.S.C. 1304¿
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FEDERAL LESSEE PROTECTION

SEC. 715. In those instances where the coal proposed to be
mined by surface coal mining operations is owned by the Federal
Government 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 payments 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.
ø30 U.S.C. 1305¿
ALASKA COAL

SEC. 716. Nothing in this Act shall be construed as increasing
or diminishing the rights of any owner of coal in Alaska to conduct
or authorize surface coal mining operations for coal which has been
or is hereafter conveyed out of Federal ownership to the State of
Alaska or pursuant to the Alaska Native Claims Settlement Act:
Provided, That such surface coal mining operations meet the requirements of the Act.
ø30 U.S.C. 1306¿
WATER RIGHTS AND REPLACEMENT

SEC. 717. (a) Nothing in this Act shall be construed as affecting
in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface
coal mining operation.
(b) The operator of a surface coal mine shall replace the water
supply of an owner of interest in real property who obtains all or
part of his supply of water for domestic, agricultural, industrial, or
other legitimate use from an underground or surface source where
such supply has been affected by contamination, diminution, or
interruption proximately resulting from such surface coal mine operation.
ø30 U.S.C. 1307¿
ADVANCE APPROPRIATIONS

SEC. 718. Notwithstanding any other provision of this Act, no
authority to make payments under this Act shall be effective except
to such extent or in such amounts as are provided in advance in
appropriation Acts.
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Sec. 721

ø30 U.S.C. 1308¿
CERTIFICATION AND TRAINING OF BLASTERS

SEC. 719. 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.
ø30 U.S.C. 1309¿
SEC. 720. SUBSIDENCE.
(a) REQUIREMENTS.—Underground

coal mining operations conducted after the date of enactment of this section shall comply with
each of the following requirements:
(1) Promptly repair, or compensate for, material damage
resulting from subsidence caused to any occupied residential
dwelling and structures related thereto, or non-commercial
building due to underground coal mining operations. Repair of
damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or non-commercial building. Compensation shall be provided to the owner of the damaged occupied
residential dwelling and structures related thereto or non-commercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may
be accomplished by the purchase, prior to mining, of a
noncancellable premium-prepaid insurance policy.
(2) Promptly replace any drinking, domestic, or residential
water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit,
which has been affected by contamination, diminution, or
interruption resulting from underground coal mining operations.
Nothing in this section shall be construed to prohibit or interrupt
underground coal mining operations.
(b) REGULATIONS.—Within one year after the date of enactment
of this section, the Secretary shall, after providing notice and opportunity for public comment, promulgate final regulations to implement subsection (a).
ø30 U.S.C. 1309a¿
SEC. 721. RESEARCH.

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 demonstraDecember 9, 2021

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tion projects for the purposes of title IV of this Act shall only be
conducted in accordance with section 401(c)(6).
ø30 U.S.C. 1309b¿

TITLE VIII—UNIVERSITY COAL RESEARCH LABORATORIES
ESTABLISHMENT OF UNIVERSITY COAL RESEARCH LABORATORIES

SEC. 801. (a) 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) In making designations under this section, the Administrator 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) Not more than one coal laboratory established pursuant to
this title shall be located in a single State and at least one coal laboratory shall be established within each of the major coal provinces
recognized by the Bureau of Mines, including Alaska.
(d) The Secretary of Energy shall establish a period, not in excess of ninety days after the date of enactment of this Act, for the
submission of applications for designation under this section. Any
institution of higher education desiring to be designated under this
title shall submit an application to the Secretary of Energy in such
form, at such time, and containing or accompanied by such information as the Secretary of Energy may reasonably require. Each
application shall—
(1) describe the facilities to be established for coal energy
resources and conversion research and research on related environmental problems including facilities for interdisciplinary
academic research projects by the combined efforts of specialists such as mining engineers, mineral engineers, geochemists,
mineralogists, mineral economists, fuel scientists, combustion
engineers, mineral preparation engineers, coal petrographers,
geologists, chemical engineers, civil engineers, mechanical engineers, and ecologists;
(2) set forth a program for the establishment of a test laboratory for coal characterization which, in addition, may be
used as a site for the exchange of coal research activities by
representatives or 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
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Sec. 803

discipline which is related to the development of adequate energy supplies in the United States. The research laboratory
shall be associated with an ongoing educational and research
program on extraction and utilization of coal.
(e) The 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.
ø30 U.S.C. 1311¿
FINANCIAL ASSISTANCE

SEC. 802. (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 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.
ø30 U.S.C. 1312¿
LIMITATION ON PAYMENTS

SEC. 803. (a) No institutions of higher education may receive
more than $4,000,000 for the construction of its coal research laboratory, including initially installed fixed equipment, nor may it receive more than $1,500,000 for initially installed movable equipment, nor may it receive more than $500,000 for new programs
startup expenses.
(b) No institution of higher education may receive more than
$1,500,000 per year from the Federal Government for operating expenses.
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ø30 U.S.C. 1313¿
PAYMENTS

SEC. 804. (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.
ø30 U.S.C. 1314¿
ADVISORY COUNCIL ON COAL RESEARCH

SEC. 805. (a) 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 Bureau of Mines of the Department
of the Interior;
(3) the President of the National Academy of Sciences;
(4) the President of the National Academy of Engineering;
(5) the Director of the United States Geological Survey;
and
(6) six members appointed by the Secretary of Energy from
among individuals who, by virtue of experience or training, are
knowledgeable in the field of coal research and mining, and
who are representatives of institutions of higher education, industrial users of coal and coal-derived fuels, the coal industry,
mine workers, nonindustrial consumer groups, and institutions
concerned with preservation of the environment.
(b) 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) 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)(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
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Sec. 901

necessary expenses incurred by them in carrying out their duties
on the Council.
(e) Whenever a member of the Council appointed under clauses
(1) through (5) is unable to attend a meeting, that members shall
appoint an appropriate alternate to represent him for that meeting.
ø30 U.S.C. 1315¿
AUTHORIZATION OF APPROPRIATIONS

SEC. 806. (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.
ø30 U.S.C. 1316¿

TITLE IX—ENERGY RESOURCE GRADUATE FELLOWSHIPS
PROGRAM AUTHORIZED

SEC. 901. (a) The Administrator ERDA 37 (hereafter referred to
as ‘‘Administrator’’ in this title), 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 Administrator after consultation with the Commissioner of Education. 38
(b) Such fellowships shall be awarded for such periods as the
Administrator may determine, but not to exceed two years.
(c) In addition to the number of fellowships authorized to be
awarded by subsection (a) of this section, the Administrator 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
37 Sections 301(a), 703, and 707 of Public Law 95–91 terminated the Energy Research and Development Administration and transferred its functions and the functions of its Administrator
(with certain exceptions) to the Secretary of Energy.
38 Sections 301(a)(1) and 507 of Public Law 96–88 transferred all functions of the Commissioner of Education to the Secretary of Education.

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of the period for which the fellowship which it replaces was awarded as the Administrator may determine.
ø30 U.S.C. 1321¿
AWARDING OF FELLOWSHIPS

SEC. 902. Recipients of fellowships under this title shall be—
(a) persons who have been accepted by an institution of
higher education for graduate study leading to an advanced degree or for a professional degree, and
(b) persons who plan a career in the field of energy resources, production, or utilization.
ø30 U.S.C. 1322¿
DISTRIBUTION OF FELLOWSHIPS

SEC. 903. In awarding fellowships under the provisions of this
title, the Administrator 37 shall endeavor to provide equitable distribution of such fellowships throughout the Nation, except that the
Administrator shall give special attention to institutions of higher
education, 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 Administrator shall take into consideration the projected
need for highly trained engineers and scientists in the field of energy sources.
ø30 U.S.C. 1323¿
STIPENDS AND INSTITUTIONS OF HIGHER EDUCATION ALLOWANCES

SEC. 904. (a) Each person awarded a fellowship under this title
shall receive a stipend of not more than $10,000 for each academic
year of study. An additional amount of $500 for each such calendar
year of study shall be paid to such person on account of each of his
dependents.
(b) In addition to the amount paid to such person pursuant to
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.
ø30 U.S.C. 1324¿
LIMITATION

SEC. 905. 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.
ø30 U.S.C. 1325¿
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Sec. 908

FELLOWSHIP CONDITIONS

SEC. 906. (a) A person awarded a fellowship under the provisions of this title shall continue to receive the payments provided
in section 904(a) only during such periods as the Administrator 37
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 Administrator.
(b) The Administrator shall require reports containing such information in such forms an 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
Administrator, stating that such person is making satisfactory
progress in, and is devoting essentially full time to the research for
which the fellowship was awarded.
ø30 U.S.C. 1326¿
APPROPRIATIONS AUTHORIZED

SEC. 907. 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.
ø30 U.S.C. 1327¿
RESEARCH AND DEMONSTRATION PROJECTS OF ALTERNATIVE COAL
MINING TECHNOLOGIES

SEC. 908. (a) The Administrator 39 is authorized to conduct and
promote the coordination and acceleration of, research, studies, surveys, experiments, demonstration projects, and training relating
to—
(1) the development and application of coal mining technologies which provide alternatives to surface disturbance and
which maximize the recovery of available coal resources, including the improvement of present underground mining methods, methods for the return of underground mining wastes to
the mine void, methods for the underground mining of thick
coal seams and very deep seams; and
(2) safety and health in the application of such technologies, methods, and means.
39 Sections 301(a), 703, and 707 of Public Law 95–91 terminated the Energy Research and Development Administration and transferred its functions and the functions of its Administrator
(with certain exceptions) to the Secretary of Energy. Subsequently, Public Law 97–257, 96 Stat.
841, transferred to, and vested in, the Secretary of the Interior all functions vested in the Secretary of Energy under this section.

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(b) In conducting the activities authorized by this section, the
Administrator may enter into contracts with and make grants to
qualified institutions, agencies, organizations, and persons.
(c) There are authorized to be appropriated to the Administrator, 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) 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 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) Subject to the patent provisions of section 306(d) of this Act,
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.
ø30 U.S.C. 1328¿

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