§ 1298. — Alaskan surface coal mine study.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1298]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 1298. Alaskan surface coal mine study
(a) Contract with National Academy of Sciences-National Academy of
Engineering
The Secretary is directed to contract to such extent or in such
amounts as are provided in advance in appropriation Acts with the
National Academy of Sciences-National Academy of Engineering for an in-
depth study of surface coal mining conditions in the State of Alaska in
order to determine which, if any, of the provisions of this chapter
should be modified with respect to surface coal mining operations in
Alaska.
(b) Report to President and Congress
The Secretary shall report on the findings of the study to the
President and Congress no later than two years after August 3, 1977.
(c) Draft of legislation
The Secretary shall include in his report a draft of legislation to
implement any changes recommended to this chapter.
(d) Modification of applicability of environmental protection provisions
of this chapter to surface coal mining operations in Alaska;
publication in Federal Register; hearing
Until one year after the Secretary has made this report to the
President and Congress, or three years after August 3, 1977, whichever
comes first, the Secretary is authorized to modify the applicability of
any environmental protection provision of this chapter, or any
regulation issued pursuant thereto, to any surface coal mining operation
in Alaska from which coal has been mined during the year preceding
August 3, 1977, if he determines that it is necessary to insure the
continued operation of such surface coal mining operation. The Secretary
may exercise this authority only after he has (1) published notice of
proposed modification in the Federal Register and in a newspaper of
general circulation in the area of Alaska in which the affected surface
coal mining operation is located, and (2) held a public hearing on the
proposed modification in Alaska.
(e) Interim regulations
In order to allow new mines in Alaska to continue orderly
development, the Secretary is authorized to issue interim regulations
pursuant to section 1251(b) of this title including those modifications
to the environmental standards as required based on the special
physical, hydrological and climatic conditions in Alaska but with the
purpose of protecting the environment to an extent equivalent to those
standards for the other coal regions.
(f) Authorization of appropriations
There is authorized to be appropriated for the purpose of this
section $250,000: Provided, That no new budget authority is authorized
to be appropriated for fiscal year 1977.
(Pub. L. 95-87, title VII, Sec. 708, Aug. 3, 1977, 91 Stat. 521.)
