§ 1301. — Environmental practices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1301]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 1301. Environmental practices
In order to encourage advances in mining and reclamation practices
or to allow post-mining land use for industrial, commercial,
residential, or public use (including recreational facilities), the
regulatory authority with approval by the Secretary may authorize
departures in individual cases on an experimental basis from the
environmental protection performance standards promulgated under
sections 1265 and 1266 of this title. Such departures may be authorized
if (i) the experimental practices are potentially more or at least as
environmentally protective, during and after mining operations, as those
required by promulgated standards; (ii) the mining operations approved
for particular land-use or other purposes are not larger or more
numerous than necessary to determine the effectiveness and economic
feasibility of the experimental practices; and (iii) the experimental
practices do not reduce the protection afforded public health and safety
below that provided by promulgated standards.
(Pub. L. 95-87, title VII, Sec. 711, Aug. 3, 1977, 91 Stat. 523.)
