§ 1252. — Initial regulatory procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1252]
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. 1252. Initial regulatory procedures
(a) State regulation
No person shall open or develop any new or previously mined or
abandoned site for surface coal mining operations on lands on which such
operations are regulated by a State unless such person has obtained a
permit from the State's regulatory authority.
(b) Interim standards
All surface coal mining operations on lands on which such operations
are regulated by a State which commence operations pursuant to a permit
issued on or after six months from August 3, 1977, shall comply, and
such permits shall contain terms requiring compliance with, the
provisions set out in subsection (c) of this section. Prior to final
disapproval of a State program or prior to promulgation of a Federal
program or a Federal lands program pursuant to this chapter, a State may
issue such permits.
(c) Full compliance with environmental protection performance standards
On and after nine months from August 3, 1977, all surface coal
mining operations on lands on which such operations are regulated by a
State shall comply with the provisions of subsections (b)(2), (b)(3),
(b)(5), (b)(10), (b)(13), (b)(15), (b)(19), and (d) of section 1265 of
this title 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 1265(c)(4)
and (5) of this title without regard to the requirements of section
1265(b)(3) or (d)(2) and (3) of this title, with respect to lands from
which overburden and the coal seam being mined have not been removed:
Provided, however, That surface coal mining operations in operation
pursuant to a permit issued by a State before August 3, 1977, issued to
a person as defined in section 1291(19) of this title 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 section 1265(d)(1)
of this title until January 1, 1979.
(d) Permit application
Not later than two months following the approval of a State program
pursuant to section 1253 of this title or the implementation of a
Federal program pursuant to section 1254 of this title, regardless of
litigation contesting that approval or implementation, all operators of
surface coal mines in expectation of operating such mines after the
expiration of eight months from the approval of a State program or the
implementation of a Federal program, shall file an application for a
permit with the regulatory authority. Such application shall cover those
lands to be mined after the expiration of eight months from the approval
of a State program or the implementation of a Federal program. The
regulatory authority shall process such applications and grant or deny a
permit within eight months after the date of approval of the State
program or the implementation of the Federal program, unless specially
enjoined by a court of competent jurisdiction, but in no case later than
forty-two months from August 3, 1977.
(e) Federal enforcement program
Within six months after August 3, 1977, the Secretary shall
implement a Federal enforcement program which shall remain in effect in
each State as surface coal mining operations are required to comply with
the provisions of this chapter, until the State program has been
approved pursuant to this chapter or until a Federal program has been
implemented pursuant to this chapter. 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 subchapter to correct violations identified at the
inspections;
(2) provide that upon receipt of inspection reports indicating
that any surface coal mining operation has been found in violation
of subsections (b) and (c) above, during not less than two
consecutive State inspections or upon receipt by the Secretary of
information which would give rise to reasonable belief that such
standards are being violated by any surface coal mining operation,
the Secretary shall order the immediate inspection of such operation
by Federal inspectors and the necessary enforcement actions, if any,
to be implemented pursuant to the Federal enforcement provisions of
this subchapter. 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 1302 of this title
shall be available to the Secretary prior to the approval of a State
program pursuant to this chapter to reimburse the State for
conducting those inspections in which the standards of this chapter
are enforced and for the administration of this section.\1\
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(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; \2\
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(f) Interim period
Following the final disapproval of a State program, and prior to
promulgation of a Federal program or a Federal lands program pursuant to
this chapter, including judicial review of such a program, existing
surface coal mining operations may continue surface mining operations
pursuant to the provisions of this section. During such period no new
permits shall be issued by the State whose program has been disapproved.
Permits which lapse during such period may continue in full force and
effect until promulgation of a Federal program or a Federal lands
program.
(Pub. L. 95-87, title V, Sec. 502, Aug. 3, 1977, 91 Stat. 468.)
Section Referred to in Other Sections
This section is referred to in sections 1251, 1253, 1256, 1268,
1271, 1273, 1302 of this title.
