§ 1254. — Federal programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1254]
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. 1254. Federal programs
(a) Promulgation and implementation by Secretary for State
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 August 3, 1977, if such State--
(1) fails to submit a State program covering surface coal mining
and reclamation operations by the end of the eighteen-month period
beginning on August 3, 1977;
(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 chapter.
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 chapter. 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 1272(a), (c), and (d) of this title 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 State the Secretary
shall take into consideration the nature of that State's terrain,
climate, biological, chemical, and other relevant physical conditions.
(b) Federal enforcement of State program
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
1271 of this title, of that part of the State program not being enforced
by such State.
(c) Notice and hearing
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) Review of permits
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 chapter
are not violated. If the Secretary determines any permit to have been
granted contrary to the requirements of this chapter, he shall so advise
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 1251(b) of this title, to conform
ongoing surface mining and reclamation operations to the requirements of
the Federal program.
(e) Submission of State program after implementation of Federal program
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
1253(b) of this title 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 chapter and meeting its purposes
through the criteria set forth in section 1253(a)(1) through (6) of this
title. 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) Validity of Federal program permits under superseding State program
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 chapter 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 1251 of this title, to conform ongoing surface mining and
reclamation operations to the additional State requirements.
(g) Preemption of State statutes or regulations
Whenever a Federal program is promulgated for a State pursuant to
this chapter, any statutes or regulations of such State which are in
effect to regulate surface mining and reclamation operations subject to
this chapter shall, insofar as they interfere with the achievement of
the purposes and the requirements of this chapter and 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) Coordination of issuance and review of Federal program permits with
any other Federal or State permit process
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.
(Pub. L. 95-87, title V, Sec. 504, Aug. 3, 1977, 91 Stat. 471.)
Section Referred to in Other Sections
This section is referred to in sections 1252, 1253, 1256, 1271,
1272, 1291, 1292 of this title.
