§ 1272. — Designating areas unsuitable for surface coal mining.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1272]
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. 1272. Designating areas unsuitable for surface coal mining
(a) Establishment of State planning process; standards; State process
requirements; integration with present and future land use
planning and regulation processes; savings provisions
(1) To be eligible to assume primary regulatory authority pursuant
to section 1253 of this title, each State shall establish a planning
process enabling objective decisions based upon competent and
scientifically sound data and information as to which, if any, land
areas of a State are unsuitable for all or certain types of surface coal
mining operations pursuant to the standards set forth in paragraphs (2)
and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the chapter of any area so designated.
(2) Upon petition pursuant to subsection (c) of this section, the
State regulatory authority shall designate an area as unsuitable for all
or certain types of surface coal mining operations if the State
regulatory authority determines that reclamation pursuant to the
requirements of this chapter is not technologically and economically
feasible.
(3) Upon petition pursuant to subsection (c) of this section, a
surface area may be designated unsuitable for certain types of surface
coal mining operations if such operations will--
(A) be incompatible with existing State or local land use plans
or programs; or
(B) affect fragile or historic lands in which such operations
could result in significant damage to important historic, cultural,
scientific, and esthetic values and natural systems; or
(C) affect renewable resource lands in which such operations
could result in a substantial loss or reduction of long-range
productivity of water supply or of food or fiber products, and such
lands to include aquifers and aquifer recharge areas; or
(D) affect natural hazard lands in which such operations could
substantially endanger life and property, such lands to include
areas subject to frequent flooding and areas of unstable geology.
(4) To comply with this section, a State must demonstrate it has
developed or is developing a process which includes--
(A) a State agency responsible for surface coal mining lands
review;
(B) a data base and an inventory system which will permit proper
evaluation of the capacity of different land areas of the State to
support and permit reclamation of surface coal mining operations;
(C) a method or methods for implementing land use planning
decisions concerning surface coal mining operations; and
(D) proper notice, opportunities for public participation,
including a public hearing prior to making any designation or
redesignation, pursuant to this section.
(5) Determinations of the unsuitability of land for surface coal
mining, as provided for in this section, shall be integrated as closely
as possible with present and future land use planning and regulation
processes at the Federal, State, and local levels.
(6) The requirements of this section shall not apply to lands on
which surface coal mining operations are being conducted on August 3,
1977, or under a permit issued pursuant to this chapter, or where
substantial legal and financial commitments in such operation were in
existence prior to January 4, 1977.
(b) Review of Federal lands
The Secretary shall conduct a review of the Federal lands to
determine, pursuant to the standards set forth in paragraphs (2) and (3)
of subsection (a) of this section, whether there are areas on Federal
lands which are unsuitable for all or certain types of surface coal
mining operations: Provided, however, That the Secretary may permit
surface coal mining on Federal lands prior to the completion of this
review. When the Secretary determines an area on Federal lands to be
unsuitable for all or certain types of surface coal mining operations,
he shall withdraw such area or condition any mineral leasing or mineral
entries in a manner so as to limit surface coal mining operations on
such area. Where a Federal program has been implemented in a State
pursuant to section 1254 of this title, the Secretary shall implement a
process for designation of areas unsuitable for surface coal mining for
non-Federal lands within such State and such process shall incorporate
the standards and procedures of this section. Prior to designating
Federal lands unsuitable for such mining, the Secretary shall consult
with the appropriate State and local agencies.
(c) Petition; intervention; decision
Any person having an interest which is or may be adversely affected
shall have the right to petition the regulatory authority to have an
area designated as unsuitable for surface coal mining operations, or to
have such a designation terminated. Such a petition shall contain
allegations of facts with supporting evidence which would tend to
establish the allegations. Within ten months after receipt of the
petition the regulatory authority shall hold a public hearing in the
locality of the affected area, after appropriate notice and publication
of the date, time, and location of such hearing. After a person having
an interest which is or may be adversely affected has filed a petition
and before the hearing, as required by this subsection, any person may
intervene by filing allegations of facts with supporting evidence which
would tend to establish the allegations. Within sixty days after such
hearing, the regulatory authority shall issue and furnish to the
petitioner and any other party to the hearing, a written decision
regarding the petition, and the reasons therefore.\1\ In the event that
all the petitioners stipulate agreement prior to the requested hearing,
and withdraw their request, such hearing need not be held.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``therefor.''
---------------------------------------------------------------------------
(d) Statement
Prior to designating any land areas as unsuitable for surface coal
mining operations, the regulatory authority shall prepare a detailed
statement on (i) the potential coal resources of the area, (ii) the
demand for coal resources, and (iii) the impact of such designation on
the environment, the economy, and the supply of coal.
(e) Prohibition on certain Federal public and private surface coal
mining operations
After August 3, 1977, and subject to valid existing rights no
surface coal mining operations except those which exist on August 3,
1977, shall be permitted--
(1) on any lands within the boundaries of units of the National
Park System, the National Wildlife Refuge Systems, the National
System of Trails, the National Wilderness Preservation System, the
Wild and Scenic Rivers System, including study rivers designated
under section 1276(a) of title 16 and National Recreation Areas
designated by Act of Congress;
(2) on any Federal lands within the boundaries of any national
forest: Provided, however, That surface coal mining operations may
be permitted on such lands if the Secretary finds that there are no
significant recreational, timber, economic, or other values which
may be incompatible with such surface mining operations and--
(A) surface operations and impacts are incident to an
underground coal mine; or
(B) where the Secretary of Agriculture determines, with
respect to lands which do not have significant forest cover
within those national forests west of the 100th meridian, that
surface mining is in compliance with the Multiple-Use Sustained-
Yield Act of 1960 [16 U.S.C. 528-531], the Federal Coal Leasing
Amendments Act of 1975, the National Forest Management Act of
1976, and the provisions of this chapter: And provided further,
That no surface coal mining operations may be permitted within
the boundaries of the Custer National Forest;
(3) which will adversely affect any publicly owned park or
places included in the National Register of Historic Sites unless
approved jointly by the regulatory authority and the Federal, State,
or local agency with jurisdiction over the park or the historic
site;
(4) within one hundred feet of the outside right-of-way line of
any public road, except where mine access roads or haulage roads
join such right-of-way line and except that the regulatory authority
may permit such roads to be relocated or the area affected to lie
within one hundred feet of such road, if after public notice and
opportunity for public hearing in the locality a written finding is
made that the interests of the public and the landowners affected
thereby will be protected; or
(5) within three hundred feet from any occupied dwelling, unless
waived by the owner thereof, nor within three hundred feet of any
public building, school, church, community, or institutional
building, public park, or within one hundred feet of a cemetery.
(Pub. L. 95-87, title V, Sec. 522, Aug. 3, 1977, 91 Stat. 507.)
References in Text
The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec.
(e)(2)(B), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended,
which is classified generally to sections 528 to 531 of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 528 of Title 16 and Tables.
The Federal Coal Leasing Amendments Act of 1975, referred to in
subsec. (e)(2)(B), is Pub. L. 94-377, Aug. 4, 1976, 90 Stat. 1083, which
was redesignated the Federal Coal Leasing Amendments Act of 1976 by Pub.
L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075, and which enacted
sections 202a, 208-1, and 208-2 of this title, amended sections 184,
191, 201, 203, 207, 209, and 352 of this title, repealed sections 201-1
and 204 of this title, and enacted provisions set out as notes under
sections 181, 184, 201, 201-1, 203, and 204 of this title. For complete
classification of this Act to the Code, see Short Title of 1976
Amendment note set out under section 181 of this title and Tables.
The National Forest Management Act of 1976, referred to in subsec.
(e)(2)(B), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended,
which enacted sections 472a, 521b, 1600, and 1611 to 1614 of Title 16,
Conservation, amended sections 500, 515, 516, 518, 576b, 581h, and 1601
to 1610 of Title 16, repealed sections 476, 513, and 514 of Title 16,
enacted provisions set out as notes under sections 476, 513, 528, 594-2,
and 1600 of Title 16. For complete classification of this Act to the
Code, see Short Title of 1976 Amendment note set out under section 1600
of Title 16 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 1211, 1253, 1254, 1260, 1273
of this title.
