§ 1300. — Indian 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: 30USC1300]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 1300. Indian lands
(a) Study of regulation of surface mining; consultation with tribe;
proposed legislation
The Secretary is directed to study the question of the regulation of
surface mining on Indian lands which will achieve the purpose of this
chapter and recognize the special jurisdictional status of these lands.
In carrying out this study the Secretary shall consult with Indian
tribes. The study report shall include proposed legislation designed to
allow Indian tribes to elect to assume full regulatory authority over
the administration and enforcement of regulation of surface mining of
coal on Indian lands.
(b) Submittal of study to Congress
The study report required by subsection (a) of this section together
with drafts of proposed legislation and the view of each Indian tribe
which would be affected shall be submitted to the Congress as soon as
possible but not later than January 1, 1978.
(c) Compliance with interim environmental protection standards of this
chapter
On and after one hundred and thirty-five days from August 3, 1977,
all surface coal mining operations on Indian lands shall comply with
requirements at least as stringent as those imposed by subsections
(b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(19), and (d) of section
1265 of this title and the Secretary shall incorporate the requirements
of such provisions in all existing and new leases issued for coal on
Indian lands.
(d) Compliance with permanent environmental protection standards of this
chapter
On and after thirty months from August 3, 1977, all surface coal
mining operations on Indian lands shall comply with requirements at
least as stringent as those imposed by sections 1257, 1258, 1259, 1260,
1265, 1266, 1267, and 1269 of this title and the Secretary shall
incorporate the requirements of such provisions in all existing and new
leases issued for coal on Indian lands.
(e) Inclusion and enforcement of terms and conditions of leases
With respect to leases issued after August 3, 1977, the Secretary
shall include and enforce terms and conditions in addition to those
required by subsections (c) and (d) of this section as may be requested
by the Indian tribe in such leases.
(f) Approval of changes in terms and conditions of leases
Any change required by subsection (c) or (d) of this section in the
terms and conditions of any coal lease on Indian lands existing on
August 3, 1977, shall require the approval of the Secretary.
(g) Participation of tribes
The Secretary shall provide for adequate participation by the
various Indian tribes affected in the study authorized in this section
and not more than $700,000 of the funds authorized in section 1302(a) of
this title shall be reserved for this purpose.
(h) Jurisdictional status
The Secretary shall analyze and make recommendations regarding the
jurisdictional status of Indian Lands \1\ outside the exterior
boundaries of Indian reservations: Provided, That nothing in this
chapter shall change the existing jurisdictional status of Indian
Lands.\1\
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``lands''.
---------------------------------------------------------------------------
(i) Grants
The Secretary shall make grants to the Navajo, Hopi, Northern
Cheyenne, and Crow tribes to assist such tribes in developing
regulations and programs for regulating surface coal mining and
reclamation operations on Indian lands, except that nothing in this
subsection may be construed as providing such tribes with the
authorities set forth under section 1253 of this title. Grants made
under this subsection shall be used to establish an office of surface
mining regulation for each such tribe. Each such office shall--
(1) develop tribal regulations and program policies with respect
to surface mining;
(2) assist the Office of Surface Mining Reclamation and
Enforcement established by section 1211 of this title in the
inspection and enforcement of surface mining activities on Indian
lands, including, but not limited to, permitting, mine plan review,
and bond release; and
(3) sponsor employment training and education in the area of
mining and mineral resources.
(Pub. L. 95-87, title VII, Sec. 710, Aug. 3, 1977, 91 Stat. 523; Pub. L.
102-486, title XXV, Sec. 2514, Oct. 24, 1992, 106 Stat. 3112.)
Amendments
1992--Subsec. (i). Pub. L. 102-486 added subsec. (i).
Section Referred to in Other Sections
This section is referred to in sections 1273, 1302 of this title.
