§ 1278. — Surface mining operations not subject to this chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1278]
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. 1278. Surface mining operations not subject to this chapter
The provisions of this chapter shall not apply to any of the
following activities:
(1) the extraction of coal by a landowner for his own
noncommercial use from land owned or leased by him; and
(2) the extraction of coal as an incidental part of Federal,
State or local government-financed highway or other construction
under regulations established by the regulatory authority.
(Pub. L. 95-87, title V, Sec. 528, Aug. 3, 1977, 91 Stat. 514; Pub. L.
100-34, title II, Sec. 201(a), May 7, 1987, 101 Stat. 300.)
Amendments
1987--Pub. L. 100-34 inserted ``and'' after ``him;'' in par. (1),
redesignated par. (3) as (2), and struck out former par. (2) which read
as follows: ``the extraction of coal for commercial purposes where the
surface mining operation affects two acres or less; and''.
Effective Date of 1987 Amendment
Section 201(b)-(e) of Pub. L. 100-34 provided that:
``(b) Effective Date for New Operations.--The amendments made by
this section [amending this section] shall take effect on the date 30
days after the enactment of this Act [May 7, 1987] with respect to each
operator commencing surface coal mining operations on or after such
date.
``(c) Effective Date for Existing Operations.--The amendments made
by this section shall take effect on the date 6 months after the
enactment of this Act with respect to each operator commencing surface
coal mining operations pursuant to an authorization under State law
before the date 30 days after the enactment of this Act. Nothing in this
Act [amending this section and section 1232 of this title] shall
preclude reclamation activities pursuant to State law or regulations at
the site of any surface coal mine which was exempt from the Surface
Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.]
under section 528(2) of that Act [30 U.S.C. 1278(2)], as in effect
before the enactment of this Act.
``(d) Effect on State Law.--To the extent that any provision of a
State law, or of a State regulation, adopted pursuant to the exception
under section 528(2) of the Surface Mining Control and Reclamation Act
of 1977 as in effect before the enactment of this Act, is inconsistent
with the amendments made by this section, such provision shall be of no
further force and effect after the effective date of such amendments.
``(e) Definition.--For purposes of this section, the term `surface
coal mining operations' has the meaning provided by section 701(28) of
the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C.
1291(28)].''
Section Referred to in Other Sections
This section is referred to in title 26 section 468.
