§ 1251a. — Abandoned coal refuse sites.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1251a]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1251a. Abandoned coal refuse sites
(1) Notwithstanding any other provision of the Surface Mining
Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] to the
contrary, the Secretary of the Interior shall, within one year after
October 24, 1992, publish proposed regulations in the Federal Register,
and after opportunity for public comment publish final regulations,
establishing environmental protection performance and reclamation
standards, and separate permit systems applicable to operations for the
on-site reprocessing of abandoned coal refuse and operations for the
removal of abandoned coal refuse on lands that would otherwise be
eligible for expenditure under section 404 and section 402(g)(4) of the
Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1234,
1232(g)(4)].
(2) The standards and permit systems referred to in paragraph (1)
shall distinguish between those operations which reprocess abandoned
coal refuse on-site, and those operations which completely remove
abandoned coal refuse from a site for the direct use of such coal
refuse, or for the reprocessing of such coal refuse, at another
location. Such standards and permit systems shall be premised on the
distinct differences between operations for the on-site reprocessing,
and operations for the removal, of abandoned coal refuse and other types
of surface coal mining operations.
(3) The Secretary of the Interior may devise a different standard
than any of those set forth in section 515 and section 516 of the
Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1265,
1266], and devise a separate permit system, if he determines, on a
standard-by-standard basis, that a different standard may facilitate the
on-site reprocessing, or the removal, of abandoned coal refuse in a
manner that would provide the same level of environmental protection as
under section 515 and section 516.
(4) Not later than 30 days prior to the publication of the proposed
regulations referred to in this section, the Secretary shall submit a
report to the Committee on Interior and Insular Affairs of the United
States House of Representatives, and the Committee on Energy and Natural
Resources of the United States Senate containing a detailed description
of any environmental protection performance and reclamation standards,
and separate permit systems, devised pursuant to this section.
(Pub. L. 102-486, title XXV, Sec. 2503(e), Oct. 24, 1992, 106 Stat.
3103.)
References in Text
The Surface Mining Control and Reclamation Act of 1977, referred to
in par. (1), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as amended,
which is classified generally to this chapter (Sec. 1201 et seq.). For
complete classification of this Act to the Code, see Short Title note
set out under section 1201 of this title and Tables.
Codification
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Surface Mining Control and Reclamation Act of 1977
which comprises this chapter.
Change of Name
Committee on Interior and Insular Affairs of House of
Representatives changed to Committee on Natural Resources of House of
Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress. Committee on Natural Resources of House of
Representatives treated as referring to Committee on Resources of House
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
