§ 1211. — Office of Surface Mining Reclamation and Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1211]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER II--OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Sec. 1211. Office of Surface Mining Reclamation and Enforcement
(a) Establishment
There is established in the Department of the Interior, the Office
of Surface Mining Reclamation and Enforcement (hereinafter referred to
as the ``Office'').
(b) Appointment, compensation, duties, etc., of Director; employees
The Office shall have a Director who shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
be compensated at the rate provided for level V of the Executive
Schedule under section 5315 \1\ of title 5, and such other employees as
may be required. Pursuant to section 5108 of title 5, and after
consultation with the Secretary, the Director of the Office of Personnel
Management shall determine the necessary number of positions in general
schedule employees in grade 16, 17, and 18 to perform functions of this
subchapter 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 chapter. Employees of the Office shall be recruited on the basis of
their professional competence and capacity to administer the provisions
of this chapter. The Office may use, on a reimbursable basis when
appropriate, employees of the Department and other Federal agencies to
administer the provisions of this chapter, 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)
[30 U.S.C. 801 et seq.], shall be transferred to the Office.
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\1\ So in original. Probably should be section ``5316''.
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(c) Duties of Secretary
The Secretary, acting through the Office, shall--
(1) administer the programs for controlling surface coal mining
operations which are required by this chapter; review and approve or
disapprove State programs for controlling surface coal mining
operations and reclaiming abandoned mined lands; make those
investigations and inspections necessary to insure compliance with
this chapter; conduct hearings, administer oaths, issue subpenas,
and compel the attendance of witnesses and production of written or
printed material as provided for in this chapter; 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
chapter or any rules and regulations adopted pursuant thereto;
(2) publish and promulgate such rules and regulations as may be
necessary to carry out the purposes and provisions of this chapter;
(3) administer the State grant-in-aid program for the
development of State programs for surface and mining and reclamation
operations provided for in subchapter V of this chapter;
(4) administer the program for the purchase and reclamation of
abandoned and unreclaimed mined areas pursuant to subchapter IV of
this chapter;
(5) administer the surface mining and reclamation research and
demonstration project authority provided for in this chapter;
(6) consult with other agencies of the Federal Government having
expertise in the control and reclamation of surface mining
operations and assist States, local governments, and other eligible
agencies in the coordination of such programs;
(7) maintain a continuing study of surface mining and
reclamation operations in the United States;
(8) develop and maintain an Information and Data Center on
Surface Coal Mining, Reclamation, and Surface Impacts of Underground
Mining, which will make such data available to the public and the
Federal, regional, State, and local agencies conducting or concerned
with land use planning and agencies concerned with surface and
underground mining and reclamation operations;
(9) assist the States in the development of State programs for
surface coal mining and reclamation operations which meet the
requirements of this chapter, 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 1272 of
this title;
(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 chapter; and
(13) perform such other duties as may be provided by law and
relate to the purposes of this chapter.
(d) Restriction on use of Federal coal mine health and safety inspectors
The Director shall not use either permanently or temporarily any
person charged with responsibility of inspecting coal mines under the
Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 801 et seq.],
unless he finds and publishes such finding in the Federal Register, that
such activities would not interfere with such inspections under the 1969
Act.
(e) Repealed. Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat. 2826
(f) Conflict of interest; penalties; rules and regulations; report to
Congress
No employee of the Office or any other Federal employee performing
any function or duty under this chapter shall have a direct or indirect
financial interest in underground or surface coal mining operations.
Whoever knowingly violates the provisions of the above sentence shall,
upon conviction, be punished by a fine of not more than $2,500, or by
imprisonment for not more than one year, or both. The Director shall (1)
within sixty days after August 3, 1977, publish regulations, in
accordance with section 553 of title 5, 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 1296 of
this title) on the actions taken and not taken during the preceding
calendar year under this subsection.
(g) Petition for issuance, amendment, or repeal of rule; filing; hearing
or investigation; notice of denial
(1) After the Secretary has adopted the regulations required by
section 1251 of this title, any person may petition the Director to
initiate a proceeding for the issuance, amendment, or repeal of a rule
under this chapter.
(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
chapter.
(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
chapter. If the Director denies such petition, the Director shall so
notify the petitioner in writing setting forth the reasons for such
denial.
(Pub. L. 95-87, title II, Sec. 201, Aug. 3, 1977, 91 Stat. 449; Pub. L.
95-240, title I, Sec. 100, Mar. 7, 1978, 92 Stat. 109; 1978 Reorg. Plan
No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub.
L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat. 2826.)
References in Text
The Federal Coal Mine Health and Safety Act of 1969, referred to in
subsecs. (b) and (d), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
amended, which was redesignated the Federal Mine Safety and Health Act
of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91 Stat.
1290, and is classified principally to chapter 22 (Sec. 801 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 801 of this title and Tables.
Amendments
1980--Subsec. (e). Pub. L. 96-511 struck subsec. (e) which provided
for consideration of Office of Surface Mining Reclamation and
Enforcement as an independent Federal regulatory agency. See section
3502(10) of Title 44, Public Printing and Documents.
1978--Subsec. (b). Pub. L. 95-240 substituted ``V'' for ``IV''.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-511 effective Apr. 1, 1981, see section 5 of
Pub. L. 96-511, set out as a note under section 2904 of Title 44, Public
Printing and Documents.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(f) of this section relating to requirement to report to Congress on
actions taken and not taken under subsec. (f), see section 3003 of Pub.
L. 104-66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance, and page 109 of House Document No. 103-7.
Transfer of Functions
``The Director of the Office of Personnel Management'' substituted
for ``a majority of members of the Civil Service Commission'' in subsec.
(b) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92
Stat. 3783, set out under section 1101 of Title 5, Government
Organization and Employees, which transferred all functions vested by
statute in the United States Civil Service Commission to the Director of
the Office of Personnel Management (except as otherwise specified),
effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No.
12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title
5.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Travel and Per Diem Expenses
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1793, provided:
``That notwithstanding any other provisions of law, appropriations for
the Office of Surface Mining Reclamation and Enforcement may, hereafter,
provide for the travel and per diem expenses of State and tribal
personnel attending OSMRE sponsored training''.
Similar provisions were contained in the following appropriations
acts:
Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 429.
Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 933.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999,
113 Stat. 1535, 1501A-147.
Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112
Stat. 2681-231, 2681-244.
Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1553.
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30,
1996, 110 Stat. 3009-181, 3009-191.
Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110
Stat. 1321-156, 1321-168; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2510.
Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1389.
Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1387.
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1002.
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1927.
Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 712.
Section Referred to in Other Sections
This section is referred to in section 1300 of this title.
