§ 1258. — Reclamation plan requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1258]
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. 1258. Reclamation plan requirements
(a) Each reclamation plan submitted as part of a permit application
pursuant to any approved State program or a Federal program under the
provisions of this chapter shall include, in the degree of detail
necessary to demonstrate that reclamation required by the State or
Federal program can be accomplished, a statement of:
(1) the identification of the lands subject to surface coal
mining operations over the estimated life of those operations and
the size, sequence, and timing of the subareas for which it is
anticipated that individual permits for mining will be sought;
(2) the condition of the land to be covered by the permit prior
to any mining including:
(A) the uses existing at the time of the application, and if
the land has a history of previous mining, the uses which
preceded any mining; and
(B) the capability of the land prior to any mining to
support a variety of uses giving consideration to soil and
foundation characteristics, topography, and vegetative cover,
and, if applicable, a soil survey prepared pursuant to section
1257(b)(16) of this title; and
(C) the productivity of the land prior to mining, including
appropriate classification as prime farm lands, as well as the
average yield of food, fiber, forage, or wood products from such
lands obtained under high levels of management;
(3) the use which is proposed to be made of the land following
reclamation, including a discussion of the utility and capacity of
the reclaimed land to support a variety of alternative uses and the
relationship of such use to existing land use policies and plans,
and the comments of any owner of the surface, State and local
governments or agencies thereof which would have to initiate,
implement, approve or authorize the proposed use of the land
following reclamation;
(4) a detailed description of how the proposed postmining land
use is to be achieved and the necessary support activities which may
be needed to achieve the proposed land use;
(5) the engineering techniques proposed to be used in mining and
reclamation and a description of the major equipment; a plan for the
control of surface water drainage and of water accumulation; a plan,
where appropriate, for backfilling, soil stabilization, and
compacting, grading, and appropriate revegetation; a plan for soil
reconstruction, replacement, and stabilization, pursuant to the
performance standards in section 1265(b)(7)(A), (B), (C), and (D) of
this title, for those food, forage, and forest lands identified in
section 1265(b)(7) of this title; an estimate of the cost per acre
of the reclamation, including a statement as to how the permittee
plans to comply with each of the requirements set out in section
1265 of this title;
(6) the consideration which has been given to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future can be
minimized;
(7) a detailed estimated timetable for the accomplishment of
each major step in the reclamation plan;
(8) the consideration which has been given to making the surface
mining and reclamation operations consistent with surface owner
plans, and applicable State and local land use plans and programs;
(9) the steps to be taken to comply with applicable air and
water quality laws and regulations and any applicable health and
safety standards;
(10) the consideration which has been given to developing the
reclamation plan in a manner consistent with local physical
environmental, and climatological conditions;
(11) all lands, interests in lands, or options on such interests
held by the applicant or pending bids on interests in lands by the
applicant, which lands are contiguous to the area to be covered by
the permit;
(12) the results of test boring which the applicant has made at
the area to be covered by the permit, or other equivalent
information and data in a form satisfactory to the regulatory
authority, including the location of subsurface water, and an
analysis of the chemical properties including acid forming
properties of the mineral and overburden: Provided, That information
which pertains only to the analysis of the chemical and physical
properties of the coal (excepting information regarding such mineral
or elemental contents which is potentially toxic in the environment)
shall be kept confidential and not made a matter of public record;
(13) a detailed description of the measures to be taken during
the mining and reclamation process to assure the protection of:
(A) the quality of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process;
(B) the rights of present users to such water; and
(C) the quantity of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process or to provide alternative sources of water
where such protection of quantity cannot be assured;
(14) such other requirements as the regulatory authority shall
prescribe by regulations.
(b) Any information required by this section which is not on public
file pursuant to State law shall be held in confidence by the regulatory
authority.
(Pub. L. 95-87, title V, Sec. 508, Aug. 3, 1977, 91 Stat. 478.)
Section Referred to in Other Sections
This section is referred to in sections 1256, 1291, 1300 of this
title.
