§ 1273. — Federal lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1273]
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. 1273. Federal lands
(a) Promulgation and implementation of Federal lands program
No later than one year after August 3, 1977, the Secretary shall
promulgate and implement a Federal lands program which shall be
applicable to all surface coal mining and reclamation operations taking
place pursuant to any Federal law on any Federal lands: Provided, That
except as provided in section 1300 of this title the provisions of this
chapter shall not be applicable to Indian lands. The Federal lands
program shall, at a minimum, incorporate all of the requirements of this
chapter and shall take into consideration the diverse physical,
climatological, and other unique characteristics of the Federal lands in
question. Where Federal lands in a State with an approved State program
are involved, the Federal lands program shall, at a minimum, include the
requirements of the approved State program: Provided, That the Secretary
shall retain his duties under sections 201(a), (2)(B) \1\ and 201(a)(3)
of this title, and shall continue to be responsible for designation of
Federal lands as unsuitable for mining in accordance with section
1272(b) of this title.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``201(a)(2)(B)''.
---------------------------------------------------------------------------
(b) Incorporation of requirements into any lease, permit, or contract
issued by Secretary which may involve surface coal mining and
reclamation operations
The requirements of this chapter and the Federal lands program or an
approved State program for State regulation of surface coal mining on
Federal lands under subsection (c) of this section, whichever is
applicable, shall be incorporated by reference or otherwise in any
Federal mineral lease, permit, or contract issued by the Secretary which
may involve surface coal mining and reclamation operations.
Incorporation of such requirements shall not, however, limit in any way
the authority of the Secretary to subsequently issue new regulations,
revise the Federal lands program to deal with changing conditions or
changed technology, and to require any surface mining and reclamation
operations to conform with the requirements of this chapter and the
regulations issued pursuant to this chapter.
(c) State cooperative agreements
Any State with an approved State program may elect to enter into a
cooperative agreement with the Secretary to provide for State regulation
of surface coal mining and reclamation operations on Federal lands
within the State, provided the Secretary determines in writing that such
State has the necessary personnel and funding to fully implement such a
cooperative agreement in accordance with the provision of this chapter.
States with cooperative agreements existing on August 3, 1977, may elect
to continue regulation on Federal lands within the State, prior to
approval by the Secretary of their State program, or imposition of a
Federal program, provided that such existing cooperative agreement is
modified to fully comply with the initial regulatory procedures set
forth in section 1252 of this title. Nothing in this subsection shall be
construed as authorizing the Secretary to delegate to the States his
duty to approve mining plans on Federal lands, to designate certain
Federal lands as unsuitable for surface coal mining pursuant to section
1272 of this title, or to regulate other activities taking place on
Federal lands.
(d) Development of program to assure no unreasonable denial to any class
of coal purchasers
The Secretary shall develop a program to assure that with respect to
the granting of permits, leases, or contracts for coal owned by the
United States, that no class of purchasers of the mined coal shall be
unreasonably denied purchase thereof.
(Pub. L. 95-87, title V, Sec. 523, Aug. 3, 1977, 91 Stat. 510.)
Section Referred to in Other Sections
This section is referred to in sections 1253, 1276, 1291, 1292,
1295, 1302 of this title.
