§ 1255. — State laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1255]
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. 1255. State laws
(a) No State law or regulation in effect on August 3, 1977, or which
may become effective thereafter, shall be superseded by any provision of
this chapter or any regulation issued pursuant thereto, except insofar
as such State law or regulation is inconsistent with the provisions of
this chapter.
(b) Any provision of any State law or regulation in effect upon
August 3, 1977, or which may become effective thereafter, which provides
for more stringent land use and environmental controls and regulations
of surface coal mining and reclamation operation than do the provisions
of this chapter or any regulation issued pursuant thereto shall not be
construed to be inconsistent with this chapter. The Secretary shall set
forth any State law or regulation which is construed to be inconsistent
with this chapter. Any provision of any State law or regulation in
effect on August 3, 1977, or which may become effective thereafter,
which provides for the control and regulation of surface mining and
reclamation operations for which no provision is contained in this
chapter shall not be construed to be inconsistent with this chapter.
(Pub. L. 95-87, title V, Sec. 505, Aug. 3, 1977, 91 Stat. 473.)
