§ 1201. — Congressional findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1201]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER I--STATEMENT OF FINDINGS AND POLICY
Sec. 1201. Congressional findings
The Congress finds and declares that--
(a) extraction of coal and other minerals from the earth can be
accomplished by various methods of mining, including surface mining;
(b) coal mining operations presently contribute significantly to
the Nation's energy requirements; surface coal mining constitutes
one method of extraction of the resource; the overwhelming
percentage of the Nation's coal reserves can only be extracted by
underground mining methods, and it is, therefore, essential to the
national interest to insure the existence of an expanding and
economically healthy underground coal mining industry;
(c) many surface mining operations result in disturbances of
surface areas that burden and adversely affect commerce and the
public welfare by destroying or diminishing the utility of land for
commercial, industrial, residential, recreational, agricultural, and
forestry purposes, by causing erosion and landslides, by
contributing to floods, by polluting the water, by destroying fish
and wildlife habitats, by impairing natural beauty, by damaging the
property of citizens, by creating hazards dangerous to life and
property by degrading the quality of life in local communities, and
by counteracting governmental programs and efforts to conserve soil,
water, and other natural resources;
(d) the expansion of coal mining to meet the Nation's energy
needs makes even more urgent the establishment of appropriate
standards to minimize damage to the environment and to productivity
of the soil and to protect the health and safety of the public.\1\
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(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 chapter 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 chapter 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 chapter is
necessary to prevent or mitigate adverse environmental effects of
present and future surface coal mining operations.
(Pub. L. 95-87, title I, Sec. 101, Aug. 3, 1977, 91 Stat. 447.)
References in Text
This chapter, referred to in pars. (e), (f), and (k), was in the
original ``this Act'', meaning Pub. L. 95-87, Aug. 3, 1977, 91 Stat.
445, as amended, which enacted this chapter and amended section 1114 of
Title 18, Crimes and Criminal Procedure. For complete classification of
this Act to the Code, see Short Title note set out below and Tables.
Short Title of 1990 Amendments
Pub. L. 101-508, title VI, Sec. 6001, Nov. 5, 1990, 104 Stat. 1388-
289, provided that: ``This subtitle [subtitle A (Secs. 6001-6014) of
title VI of Pub. L. 101-508, enacting section 1240a of this title,
amending sections 1231 to 1237, 1239, 1257, and 1302 of this title, and
enacting provisions set out as notes under section 1231 of this title]
may be cited as the `Abandoned Mine Reclamation Act of 1990'.''
Pub. L. 101-498, Sec. 1, Nov. 2, 1990, 104 Stat. 1207, provided
that: ``This Act [enacting section 1230a of this title] may be cited as
the `Strategic and Critical Minerals Act of 1990'.''
Short Title of 1988 Amendment
Pub. L. 100-483, Sec. 13, Oct. 12, 1988, 102 Stat. 2341, provided
that: ``This Act [amending sections 1221, 1222, 1224, 1226, 1229, and
1230 of this title and enacting provisions set out as notes under this
section and section 1229 of this title] may be cited as the Mining and
Mineral Resources Research Institute Amendments of 1988.''
Short Title
Section 1 of Pub. L. 95-87 provided: ``That this Act [enacting this
chapter and amending section 1114 of Title 18, Crimes and Criminal
Procedure] may be cited as the `Surface Mining Control and Reclamation
Act of 1977'.''
Pub. L. 98-409, Sec. 11, as added by Pub. L. 100-483, Sec. 12, Oct.
12, 1988, 102 Stat. 2341; amended by Pub. L. 104-312, Sec. 1(b), Oct.
19, 1996, 110 Stat. 3819, provided that: ``This Act [enacting subchapter
III of this chapter] may be cited as the `Mining and Mineral Resources
Institutes Act'.''
