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Surface Mining Law | 
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The text has been proofed against the original 1977 printed version of the Law (typographical errors in the Law were removed). All amending language has been incorporated into the text, with reference to the amending Law following each revised section or subsection. The actual language and complete citation of all laws affecting the Surface Mining Law are considered as amendments for the purposes of this publication irrespective of whether they are designated as amendments in the U.S. Code.
Care has been taken to ensure the corrections of the text and revisions. However, users of this compilation should be aware when citing the Law that the U.S. Code is the only official source.
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PUBLIC LAW 95-87
Surface Mining Control and Reclamation Act of 1977
An unofficial OSM compilation of P.L. 95-87 and all
revisions through December 31, 1993
CONTENTS
TITLE I - STATEMENT OF FINDINGS AND POLICY
101. Findings
102. Purposes
TITLE II - OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
201. Creation of the Office
TITLE III - STATE MINING AND MINERAL RESOURCES AND
RESEARCH INSTITUTES
[Note: As of 1984, Title III is no longer part of SMCRA but a related Act,
the Mining and Mineral Institute Act of 1984.]
301. Authorization of State allotments to institutes
302. Research funds to institutes
303. Funding criteria
304. Duties of the Secretary
305. Autonomy
306. Miscellaneous provisions
307. Center for cataloging
308. Interagency cooperation
309. Committee
310. Eligibility criteria
*. Strategic Resources Generic Mineral Technology Center
*Specific cite was not designated in the Strategic and Critical Minerals Act of 1990.
TITLE IV - ABANDONED MINE RECLAMATION
401. Abandoned Mine Reclamation Fund and Purposes
402. Reclamation fee
403. Objectives of fund
404. Eligible lands and water
405. State reclamation programs
406. Reclamation of rural lands
407. Acquisition and reclamation of land adversely affected by past
coal mining practices
408. Liens
409. Filling voids and sealing tunnels
410. Emergency powers
411. Certification
412. Fund report
413. Miscellaneous powers
414. Interagency cooperation
TITLE V - CONTROL OF THE ENVIRONMENTAL IMPACTS
OF SURFACE COAL MINING
501. Environmental protection standards
*. Abandoned coal refuse sites
502. Initial regulatory procedures
503. State programs
504. Federal programs
505. State laws
506. Permits
507. Application requirements
508. Reclamation plan requirements
509. Performance bonds
510. Permit approval or denial
511. Revision of permits
512. Coal exploration permits
513. Public notice and public hearings
514. Decisions of regulatory authority and appeals
515. Environmental protection performance standards
516. Surface effects of underground coal mining operations
517. Inspections and monitoring
518. Penalties
519. Release of performance bonds or deposits
*Specific cite was not designated in the Energy Policy Act of 1992.
520. Citizen suits
521. Enforcement
522. Designating areas unsuitable for surface coal mining
523. Federal lands
524. Public agencies, public utilities, and public corporations
525. Review by Secretary
526. Judicial review
527. Special bituminous coal mines
528. Surface mining operations not subject to this Act
529. Anthracite coal mines
TITLE VI - DESIGNATION OF LANDS UNSUITABLE
FOR NONCOAL MINING
601. Designation procedures
TITLE VII - ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
701. Definitions
702. Other Federal laws
703. Employee protection
704. Penalty for interference
705. Grants to the States
706. Annual report
707. Severability
708. Alaskan surface coal mine study
709. Study of reclamation standards for surface mining of other minerals
710. Indian lands
711. Experimental practices
712. Authorization of appropriations
713. Coordination of regulatory and inspection activities
714. Surface owner protection
715. Federal lessee protection
716. Alaska coal
717. Water rights and replacement
718. Advance appropriations
719. Certification and training of blasters
720. Subsidence
721. Research
TITLE VIII - UNIVERSITY COAL RESEARCH LABORATORIES
801. Establishment of university coal research laboratories
802. Financial assistance
803. Limitation on payments
804. Payments
805. Advisory Council on Coal Research
806. Authorization of appropriations
TITLE IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS
901. Program authorized
902. Awarding of fellowships
903. Distribution of fellowships
904. Stipends and institutions of higher education allowances
905. Limitation
906. Fellowship conditions
907. Appropriations authorized
908. Research and demonstration projects of alternative coal mining
technologies
AMENDING ACTS
TITLE II - OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
201(b) Compensation of Director to be at level V of
Executive Schedule
201(b) Functions performed by Civil Service Commission
transferred to Director, Office of Personnel
Management
201(e) Consideration of OSMRE as an independent Federal
regulatory agency for purposes of Sections 3502
and 3512 of Title 44 of the United States Code
repealed
TITLE III - STATE MINING AND MINERAL RESOURCES AND
RESEARCH INSTITUTES
301-309 Recodified, with provisions similar to those in
original sections, new Section 310 added
301(a)(1) Allotment of grants authorization period; limitation
301(a)(2)(A) Matching funds requirement
301(b) Research subject
302(a) Research grants authorization period
304, 309,
402, 719,
801, 805 Bureau of Mines redesignated
304(a) Administration
306(c) [306(d) prior to 08/29/84, recodification]
Patent and trademark procedures regarding products
of an institute financed under Pub. L. 95-87 preempted
306(c) "section 3324(a) and (b) of Title 31" substituted for
"section 3684 [3648] of the Revised Statutes
(31 U.S.C. 529)"
306(d) Administrative expenses
309(a)(7) Advisory committee
309(e) Plan update
310(b) Eligibility
Title III Strategic and Critical Minerals Act of 1990
TITLE IV - ABANDONED MINE RECLAMATION
401(b) Sources of deposits
401(c) Use of money
401(c)(1) State regulatory authority underwriting of
subsidence insurance indemnification of private
property authorized and partially funded
401(c)(6) Research
401(c)(11),
(12),(13) Conforming amendments
401(e) Interest
402(b) Due date
402(b) Extension of fee program
402(b) Year 1995 changed to 2004
402(c) Statement
402(d) Audits
402(f) Notice
402(g) Allocation of funds
402(g)(1) Language added: "Except as provided in Subsection (h)"
402(g)(2) "chapter 69 of title 31" substituted for "the Act
of October 20, 1976 Public Law 94-565
(91 Stat. 2662) [30 U.S.C. 1601 et. seq.]"
402(g)(3) State set-aside for future expenditures of up to
ten per centum of annual State funds from the
Abandoned Mine Land Reclamation Fund
402(h) Transfer of funds to Combined Fund
403(a) Priorities
403(a) Paragraph 4 deleted and paragraphs renumbered
403(b) Utilities and other facilities
403(b)(2) Technical amendment
403(c) Inventory
404 Eligible lands and waters
404 Eligibility
405 State reclamation programs
405(b) 60 day-review-period limitation when granting AML
funds to States established
405(k) Approval of Abandoned Mine Land Plans for Navajo,
Hopi and Crow tribes without prior approval of
Title V regulatory program
406(d) Clarification
406(d) Secretary of Agriculture permitted to do experimental
surface mining reclamation of land in hydrologic
units of not more than 25,000 acres
406(i) Repealed
409(a)-(c) Voids and tunnels
410(a) Certification
410(b) Eligible lands, water, and facilities
410(c) Priorities
410(d) Specific sites and areas not eligible
410(e), (f) Utilities and other facilities
410(g) Application of other provisions
411-413 Redesignated as 412, 413 and 414
TITLE V - CONTROL OF THE ENVIRONMENTAL IMPACTS
OF SURFACE COAL MINING
501 Abandoned coal refuse cites
507(b)(14) Cross-sections, maps, or plans submitted with an
application for a surface mining and reclamation
permit required to be prepared by a qualified
engineer, geologist, or land surveyor in any
State which authorizes surveyors to prepare
and certify such maps or plans
507(c) Small operator assistance
507(c) Assistance to small coal operators
507(h) Added: Reimbursement of costs
509 Fiscal year 1988 performance bond forfeitures may be used
to reclaim lands adversely affected by coal mining after
August 3, 1977.
510(e) Modification of prohibition
515(b)(20) Period of Responsibility
518 Fiscal year 1988 through 1993 civil penalty
assessments may be used to reclaim lands adversely
affected by coal mining after August 3, 1977
528 Repeal of two-acre exemption
TITLE VII - ADMINISTRATIVE AND MISCELLANEOUS
PROVISIONS
701(c) Definitions
701(d) Eligibility
710(i) Added: Grants
712(a), (b) Funding authorization increased for Sections 502,
523, and 710 in FY 1979 and 1980 and for Section
507(c) in FY 1978-80
712(b) Reference
720 Added: Subsidence
721 Added: Research
TITLE VIII - UNIVERSITY COAL RESEARCH LABORATORIES
801(a) Number of university and research laboratories
increased to 13; "Secretary of Energy" substituted
in "Administrator, Energy Research and Development
Administration (herein referred to as
"Administrator" in this title)"
801(b)(1) "Those ten institutions of higher education
designated as provided in subsection (e)"
substituted for "The institution of higher education"
806(a) Appropriations for university coal research
laboratories revised
Title VIII "Secretary of Energy" substituted for "Administrator"
and "Administrator, ERDA"
Title VIII Functions of Administrator of Federal Energy
Administration or Energy Research and Development
Administration transferred to Secretary, Department
of Energy
TITLE IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS
Title IX Functions of Administrator of Federal Energy
Administration or Energy Research and Development
Administration transferred to Secretary, Department
of Energy
Title IX Functions of Assistant Secretary for Education and
Commissioner of Education of Department of Health,
Education, and Welfare transferred to Secretary,
Department of Education
APPROPRIATIONS
Supplemental appropriations for FY 1978
Authorization and appropriation for FY 1979
Appropriation for FY 1980
Appropriation for FY 1981
Partial recision of appropriations for FY 1981
Authorized appropriation limits and exceptions for FY 1981-84
Appropriations for FY 1982
Supplemental appropriation for FY 1982
Continuing appropriations for FY 1983
Further continuing appropriations for FY 1983
Appropriations for FY 1983
Supplemental appropriations for Office of Solicitor regarding
enforcement measure of previously issued cessation orders where
there is no abatement by operator, and supplemental
appropriation and deferral for AML
Appropriations for FY 1984 and limitation on State AML project
administration expenses
Supplemental appropriations for FY 1984 making $42,000,000
available for an AML grant to Pennsylvania to acquire private
homes and businesses in Centrailia
Supplemental appropriations for FY 1984 making $1,000,000
available to Montana through its AML program to reclaim the
Colorado Tailings site
Second supplemental appropriation for FY 1984
Continuing appropriation for FY 1985
Appropriations for FY 1986
Continuing appropriations for FY 1987, 10/18/86
Continuing appropriations for FY 1987, 10/30/86
Supplemental appropriations for FY 1987 amending Sec. 405(k) by
providing for the approval of Navajo, Hopi and Crow Tribe
Abandoned Mine Land Plans without prior approval of Title V
regulatory program
Continuing appropriations for FY 1988
Appropriations for FY 1989
Appropriations for FY 1990
Appropriations for FY 1991
Appropriations for FY 1991
Appropriations for FY 1992
Appropriations for FY 1993
Appropriations for FY 1994
PUBLIC LAW 95-87
Preamble
To provide for the cooperation between the Secretary of the Interior and the States with
respect to the regulation of surface coal mining operations, and the acquisition and
reclamation of abandoned mines, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act may be cited as the "Surface Mining
Control and Reclamation Act of 1977".
TITLE I -- STATEMENT OF FINDINGS AND POLICY
FINDINGS
[30 U.S.C. 1201]
SEC 101. The Congress finds and declares that -
(a) extraction of coal and other minerals from the earth can be accomplished by various
methods of mining, including surface mining;
(b) coal mining operations presently contribute significantly to the Nation's energy
requirements; surface coal mining constitutes one method of extraction of the resource;
the overwhelming percentage of the Nation's coal reserves can only be extracted by
underground mining methods, and it is, therefore, essential to the national interest to
insure the existence of an expanding and economically healthy underground coal mining
industry;
(c) many surface mining operations result in disturbances of surface areas that burden
and adversely affect commerce and the public welfare by destroying or diminishing the
utility of land for commercial, industrial, residential, recreational, agricultural, and
forestry purposes, by causing erosion and landslides, by contributing to floods, by
polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty,
by damaging the property of citizens, by creating hazards dangerous to life and property
by degrading the quality of life in local communities, and by counteracting governmental
programs and efforts to conserve soil, water, and other natural resources;
(d) the expansion of coal mining to meet the Nation's energy needs makes even more
urgent the establishment of appropriate standards to minimize damage to the environment
and to productivity of the soil and to protect the health and safety of the public.
(e) surface mining and reclamation technology are now developed so that effective and
reasonable regulation of surface coal mining operations by the States and by the Federal
Government in accordance with the requirements of this Act is an appropriate and
necessary means to minimize so far as practicable the adverse social, economic, and
environmental effects of such mining operations;
Sec. 101
(f) because of the diversity in terrain, climate, biologic, chemical, and other physical
conditions in areas subject to mining operations, the primary governmental responsibility
for developing, authorizing, issuing, and enforcing regulations for surface mining and
reclamation operations subject to this Act should rest with the States;
(g) surface mining and reclamation standards are essential in order to insure that
competition in interstate commerce among sellers of coal produced in different States will
not be used to undermine the ability of the several States to improve and maintain
adequate standards on coal mining operations within their borders;
(h) there are a substantial number of acres of land throughout major regions of the
United States disturbed by surface and underground coal on which little or no reclamation
was conducted, and the impacts from these unreclaimed lands impose social and
economic costs on residents in nearby and adjoining areas as well as continuing to impair
environmental quality;
(i) while there is a need to regulate surface mining operations for minerals other than
coal, more data and analyses are needed to serve as a basis for effective and reasonable
regulation of such operations;
(j) surface and underground coal mining operations affect interstate commerce,
contribute to the economic well-being, security, and general welfare of the Nation and
should be conducted in an environmentally sound manner; and
(k) the cooperative effort established by this Act is necessary to prevent or mitigate
adverse environmental effects of present and future surface coal mining operations.
PURPOSES
[30 U.S.C. 1202]
SEC. 102. It is the purpose of this Act to -
(a) establish a nationwide program to protect society and the environment from the
adverse effects of surface coal mining operations;
(b) assure that the rights of surface landowners and other persons with a legal interest
in the land or appurtenances thereto are fully protected from such operations;
(c) assure that surface mining operations are not conducted where reclamation as
required by this Act is not feasible;
(d) assure that surface coal mining operations are so conducted as to protect the
environment;
(e) assure that adequate procedures are undertaken to reclaim surface areas as
contemporaneously as possible with the surface coal mining operations;
(f) assure that the coal supply essential to the Nation's energy requirements, and to its
economic and social well-being is provided and strike a balance between protection of the
environment and agricultural productivity and the Nation's need for coal as an essential
source of energy;
(g) assist the States in developing and implementing a program to achieve the purposes
of this Act;
(h) promote the reclamation of mined areas left without adequate reclamation prior to
the enactment of this Act and which continue, in their unreclaimed condition, to
substantially degrade the quality of the environment, prevent or damage the beneficial use
of land or water resources, or endanger the health or safety of the public;
(i) assure that appropriate procedures are provided for the public participation in the
development, revision, and enforcement of regulations, standards, reclamation plans, or
programs established by the Secretary or any State under this Act;
(j) provide a means for development of the data and analyses necessary to establish
effective and reasonable regulation of surface mining operations for other minerals;
(k) encourage the full utilization of coal resources through the development and
application of underground extraction technologies;
(l) stimulate, sponsor, provide for and/or supplement present programs for the conduct
of research investigations, experiments, and demonstrations, in the exploration,
extraction, processing, development, and production of minerals and the training of
mineral engineers and scientists in the field of mining, minerals resources, and
technology, and the establishment of an appropriate research and training center in
various States; and
(m) wherever necessary, exercise the full reach of Federal constitutional powers to
insure the protection of the public interest through effective control of surface coal mining
operations.
TITLE II -- OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
CREATION OF THE OFFICE
[30 U.S.C. 1211]
SEC. 201. (a) There is established in the Department of the Interior, the
Office of Surface Mining Reclamation and Enforcement (hereinafter referred to as the
"Office").
(b) The Office shall have a Director who shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be compensated at the rate provided
for level V of the Executive Schedule under section 5316 of the United States Code, and
such other employees as may be required. Pursuant to section 5108, title 5, and after
consultation with the Secretary, the Director of the Office of Personnel Management shall
determine the necessary number of positions in general schedule employees in grade 16,
17, and 18 to perform functions of this title and shall allocate such positions to the
Secretary. The Director shall have the responsibilities provided under subsection (c) of
this section and those duties and responsibilities relating to the functions of the Office
which the Secretary may assign, consistent with this Act. Employees of the Office shall
be recruited on the basis of their professional competence and capacity to administer the
provisions of this Act. The Office may use, on a reimbursable basis when appropriate,
employees of the Department and other Federal agencies to administer the provisions of
this Act, providing that no legal authority, program, or function in any Federal agency
which has as its purpose promoting the development or use of coal or other mineral
resources or regulating the health and safety of miners under provisions of the Federal
Coal Mine Health and Safety Act of 1969 (83 Stat. 742), shall be transferred to the
Office.
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Note: Subsection 201(b) amended March 7 and May 23, 1978.
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(c) The Secretary, acting through the Office, shall --
(1) administer the programs for controlling surface coal mining operations
which are required by this Act; review and approve or disapprove State programs for
controlling surface coal mining operations and reclaiming abandoned mine lands; make
those investigations and inspections necessary to insure compliance with this Act; conduct
hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and
production of written or printed material as provided for in this Act; issue
cease-and-desist orders; review and vacate or modify or approve orders and decisions;
and order the suspension, revocation, or withholding of any permit for failure to comply
with any of the provisions of this Act or any rules and regulations adopted pursuant
thereto;
(2) publish and promulgate such rules and regulations as may be necessary to
carry out the purposes and provisions of this Act;
(3) administer the State grant-in-aid program for the development of State
programs for surface and mining and reclamation operations provided for in Title V of
this Act;
(4) administer the program for the purchase and reclamation of abandoned and
unreclaimed mined areas pursuant to title IV of this Act;
(5) administer the surface mining and reclamation research and demonstration
project authority provided for in this Act;
(6) consult with other agencies of the Federal Government having expertise in
the control and reclamation of surface mining operations and assist States, local
governments, and other eligible agencies in the coordination of such programs;
(7) maintain a continuing study of surface mining and reclamation operations
in the United States;
(8) develop and maintain an Information and Data Center on Surface Coal
Mining, Reclamation, and Surface Impacts of Underground Mining, which will make
such data available to the public and the Federal, regional, State, and local agencies
conducting or concerned with land use planning and agencies concerned with surface and
underground mining and reclamation operations;
(9) assist the States in the development of State programs for surface coal
mining and reclamation operations which meet the requirements of the Act, and at the
same time, reflect local requirements and local environmental and agricultural conditions;
(10) assist the States in developing objective scientific criteria and appropriate
procedures and institutions for determining those areas of a State to be designated
unsuitable for all or certain types of surface coal mining pursuant to section 522;
(11) monitor all Federal and State research programs dealing with coal
extraction and use and recommend to Congress the research and demonstration projects
and necessary changes in public policy which are designated to (A) improve feasibility of
underground coal mining, and (B) improve surface mining and reclamation techniques
directed at eliminating adverse environmental and social impacts;
(12) cooperate with other Federal agencies and State regulatory authorities to
minimize duplication of inspections, enforcement, and administration of this Act; and
(13) perform such other duties as may be provided by law and relate to the
purposes of this Act.
(d) The Director shall not use either permanently or temporarily any person charged
with responsibility of inspecting coal mines under the Federal Coal Mine Health and
Safety Act of 1969, unless he finds and publishes such finding in the Federal Register,
that such activities would not interfere with such inspections under the 1969 Act. Sec. 201
(e) [Repealed.]
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Note: Subsection 201(e) amended December 11, 1980.
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(f) No employee of the Office or any other Federal employee performing any
function or duty under this Act shall have a direct or indirect financial interest in
underground or surface coal mining operations. Whoever knowingly violates the
provisions of the above sentence shall, upon conviction, be punished by a fine of not more
than $2,500, or by imprisonment for not more than one year, or both. The Director shall
(1) within sixty days after enactment of this Act publish regulations, in accordance with
section 553 of title 5, United States Code, to establish the methods by which the
provisions of this subsection will be monitored and enforced, including appropriate
provisions for the filing by such employees and the review of statements and supplements
thereto concerning their financial interests which may be affected by this subsection, and
(2) report to the Congress as part of the annual report (section 706) on the actions taken
and not taken during the preceding calendar year under this subsection.
(g)(1) After the Secretary has adopted the regulations required by section 501 of this
Act, any person may petition the Director to initiate a proceeding for the issuance,
amendment, or repeal of a rule under this Act.
(2) Such petitions shall be filed in the principal office of the Director and shall
set forth the facts which it is claimed established that it is necessary to issue, amend, or
repeal a rule under this Act.
(3) The Director may hold a public hearing or may conduct such investigation
or proceeding as the Director deems appropriate in order to determine whether or not
such petition should be granted.
(4) Within ninety days after filing of a petition described in paragraph (1), the
Director shall either grant or deny the petition. If the Director grants such petition, the
Director shall promptly commence an appropriate proceeding in accordance with the
provisions of this Act. If the Director denies such petition, the Director shall so notify the
petitioner in writing setting forth the reasons for such denial.
TITLE III -- STATE MINING AND MINERAL RESOURCES AND
RESEARCH INSTITUTES
[30 U.S.C. 1221]
AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES
[98 STAT. 1536]
[Note: As of 1984, Title III is no longer part of SMCRA but a related Act,
the Mining and Mineral Institute Act of 1984.]
SEC. 301. (a)(1) There are authorized to be appropriated to the Secretary
of the Interior (hereafter in this Act referred to as the "Secretary") funds adequate to
provide for each participating State $400,000 for each of the fiscal years ending
September 30, 1990, through September 30, 1994, to assist the States in carrying on the
work of a competent and qualified mining and mineral resources research institute or
center (hereafter in this Act referred to as the "institute") at one public college or
university in the State which meets the eligibility criteria established in section 310.
(2)(A) Funds appropriated under this section shall be made available for grants
to be matched on a basis of no less than 2 non-Federal dollars for each Federal dollar.
(B) If there is more than one such eligible college or university in a State,
funds appropriated under this Act shall, in the absence of a designation to the contrary by
act of the legislature of the State, be granted to one such college or university designated
by the Governor of the State.
(C) Where a State does not have a public college or university eligible
under section 310, the Committee on Mining and Mineral Resources Research established
in section 309 (hereafter in this Act referred to as the "Committee") may allocate the
State's allotment to one private college or university which it determines to be eligible
under such section.
(b) It shall be the duty of each institute to plan and conduct, or arrange for a component
or components of the college or university with which it is affiliated to conduct research,
investigations, demonstrations, and experiments of either, or both, a basic or practical
nature in relation to mining and mineral resources, and to provide for the training of
mineral engineers and scientists through such research, investigations, demonstrations,
and experiments. The subject of such research, investigation, demonstration, experiment,
and training may include exploration; extraction; processing; development; production of
fuel and nonfuel mineral resources; mining and mineral technology; supply and demand
for minerals; conservation and best use of available supplies of minerals; the economic,
legal social, engineering, recreational, biological, geographic, ecological, and other
aspects of mining, mineral resources, and mineral reclamation. Such research,
investigation, demonstration, experiment, and training shall consider the interrelationship
with the Sec. 301
natural environment, the varying conditions and needs to the respective States, and
mining and mineral resources research projects being conducted by agencies of the
Federal and State governments and other institutes.
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Note: Section 301 amended August 29, 1984 and October 12, 1988.
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RESEARCH FUNDS TO INSTITUTES
[98 STAT. 1537]
[30 U.S.C. 1222]
SEC. 302. (a) There is authorized to be appropriated to the Secretary not
more than $15,000,000 for each of the fiscal years ending September 30, 1990, through
September 30, 1994, which shall remain available until expended. Such funds when
appropriated shall be made available to an institute or to institutes participating in a
generic mineral technology center to meet the necessary expenses for purposes of --
(1) specific mineral research and demonstration projects of broad application,
which could not otherwise be undertaken, including the expenses of planning and
coordinating regional mining and mineral resources research projects by two or more
institutes; and
(2) research into any aspects of mining and mineral resources problems related
to the mission of the Department of the Interior, which are deemed by the Committee to
be desirable and are not otherwise being studied.
(b) Each application for funds under subsection (a) of this section shall state, among
other things, the nature of the project to be undertaken; the period during which it will be
pursued; the qualifications of the personnel who will direct and conduct it; the estimated
costs; the importance of the project to the Nation, region, or State concerned; its relation
to other known research projects theretofore pursued or being pursued; the extent to
which the proposed project will provide opportunity for the training of mining and
mineral engineers and scientists; and the extent of participation by nongovernmental
sources in the project.
(c) The Committee shall review all such funding applications and recommend to the
Secretary the use of the institutes, insofar as practicable, to perform special research.
Recommendations shall be made without regard to the race, religion, or sex of the
personnel who will conduct and direct the research, and on the basis of the facilities
available in relation to the particular needs of the research project; special geographic,
geologic, or climatic conditions within the immediate vicinity of the institute; any other
special requirements of the research project; and the extent to which such project will
provide an opportunity for training individuals as mineral engineers and scientists. The
Committee shall recommend to the Secretary the designation and utilization of such
portions of the funds authorized to be appropriated by this section as it deems appropriate
for the purpose of providing scholarships, graduate
fellowships, and postdoctoral fellowships.
(d) No funds shall be made available under subsection (a) of this section except for a
project approved by the Secretary and all funds shall be made available upon the basis of
merit of the project, the need for the knowledge which it is expected to produce when
completed, and the opportunity it provides for the training of individuals as mineral
engineers and scientists.
(e) No funds made available under this section shall be applied to the acquisition by
purchase or lease of any land or interests therein, or the rental, purchase, construction,
preservation, or repair of any building.
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Note: Section 302 amended August 29, 1984 and October 12, 1988.
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FUNDING CRITERIA
[98 STAT. 1538]
[30 U.S.C. 1223]
SEC. 303. (a) Funds available to institutes under sections 301 and 302
of this Act shall be paid at such times and in such amounts during each fiscal year as
determined by the Secretary, and upon vouchers approved by him. Each institute shall --
(1) set forth its plan to provide for the training of individuals as mineral
engineers and scientists under a curriculum appropriate to the field of mineral resources
and mineral engineering and related fields;
(2) set forth policies and procedures which assure that Federal funds made
available under this Act for any fiscal year will supplement and, to the extent practicable,
increase the level of funds that would, in the absence of such Federal funds, be made
available for purposes of this Act, and in no case supplant such funds; and
(3) have an officer appointed by its governing authority who shall receive and
account for all funds paid under the provisions of this Act and shall make an annual report
to the Secretary on or before the first day of September of each year, on work
accomplished and the status of projects underway, together with a detailed statement of
the amounts received under any provisions of this Act during the preceding fiscal year,
and of its disbursements on schedules prescribed by the Secretary.
If any of the funds received by the authorized receiving officer of any institute under the
provisions of this Act shall by any action or contingency be found by the Secretary to
have been improperly diminished, lost, or misapplied, such funds shall be replaced by the
State concerned and until so replaced no subsequent appropriation shall be allotted or
paid to any institute of such State.
(b) The institutes are authorized and encouraged to plan and conduct programs
under this Act in cooperation with each other and with such other agencies and
individuals as may contribute to the solution of the mining and mineral resources
problems involved. Moneys appropriated pursuant to this Act shall be available for
paying the necessary expenses of planning, coordinating, and conducting such
cooperative research.
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Note: Section 303 amended August 29, 1984.
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DUTIES OF THE SECRETARY
[98 STAT. 1538]
[30 U.S.C. 1224]
SEC. 304. (a) The Secretary, acting through the Director of the United
States Bureau of Mines, shall administer this Act and, after full consultation with other
interested Federal agencies, shall prescribe such rules and regulations as may be
necessary to carry out its provisions. The Secretary shall furnish such advice and
assistance as will best promote the purposes of this Act, shall participate in coordinating
research initiated under this Act by the institutes, shall indicate to them such lines of
inquiry that seem most important, and shall encourage and assist in the establishment and
maintenance of cooperation by and between the institutes and between them and other
research organizations, the United States Department of the Interior, and other Federal
establishments.
(b) On or before the first day of July in each year beginning after the date of
enactment of this Act, the Secretary shall ascertain whether the requirements of section
303(a) have been met as to each institute and State.
(c) The Secretary shall make an annual report to the Congress of receipts,
expenditures, and work of the institutes in all States under the provisions of this Act. The
Secretary's report shall indicate whether any portion of an appropriation available for
allotment to any State has been withheld and, if so, the reason therefor.
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Note: Section 304 amended August 29, 1984 and October 12, 1988 and May 18, 1992.
---------------------------------------------------------------------------------------------------------
AUTONOMY
[98 STAT.1539]
[30 U.S.C. 1225]
SEC. 305. Nothing in this Act shall be construed to impair or modify
the legal relationship existing between any of the colleges or universities under
whose direction an institute is established and the government of the State in which it is
located, and nothing in this Act shall in any way be construed to authorize Federal control
or direction of education at any college or university.
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Note: Section 305 amended August 29, 1984.
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MISCELLANEOUS PROVISIONS
[98 STAT. 1539]
[30 U.S.C. 1201]
SEC. 306. (a) The Secretary shall obtain the continuing advice and
cooperation of all agencies of the Federal Government concerned with mining and
mineral resources, of State and local governments, and of private institutions and
individuals to assure that the programs authorized by this Act will supplement and not be
redundant with respect to established mining and minerals research programs, and to
stimulate research in otherwise neglected areas, and to contribute to a comprehensive
nationwide program of mining and minerals research, with due regard for the protection
and conservation of the environment. The Secretary shall make generally available
information and reports on projects completed, in progress, or planned under the
provisions of this Act, in addition to any direct publication of information by the institutes
themselves.
(b) Nothing in this Act is intended to give or shall be construed as giving the
Secretary any authority over mining and mineral resources research conducted by any
agency of the Federal Government, or as repealing or diminishing existing authorities or
responsibilities of any agency of the Federal Government to plan and conduct, contract
for, or assist in research in its area of responsibility and concern with regard to mining
and mineral resources.
(c) No research, demonstration, or experiment shall be carried out under this Act by
an institute financed by grants under this Act, unless all uses, products, processes, patents,
and other developments resulting therefrom, with such exception or limitation, if any, as
the Secretary may find necessary in the public interest, are made available promptly to the
general public. Patentable inventions shall be governed by the provisions of Public Law
96-517. Nothing contained in this section shall deprive
the owner of any background patent relating to any such activities of any rights which that
owner may have under that patent.
(d)(1) There is authorized to be appropriated to the Secretary $450,000 for each of
the fiscal years ending September 30, 1990, through September 30, 1994, to administer
this Act. No funds may be withheld by the Secretary for administrative expenses from
those authorized to be appropriated by sections 1 and 2 of this Act.
(2) There are authorized to be appropriated to the Secretary such sums as are
necessary for the printing and publishing of the results of activities carried out by
institutes and generic mineral technology centers under this Act, but such appropriations
shall not exceed $550,000 in any single fiscal year.
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Note: Section 306 amended August 29, 1984 and October 12, 1988.
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CENTER FOR CATALOGING
[98 STAT. 1540]
[30 U.S.C. 1227]
SEC. 307. The Secretary shall establish a center for cataloging current
and projected scientific research in all fields of mining and mineral resources. Each
Federal agency doing mining and mineral resources research shall cooperate by
providing the cataloging center with information on work underway or scheduled by it.
The cataloging center shall classify and maintain for public use a catalog of mining and
mineral resources research and investigation projects in progress or scheduled by all
Federal agencies and by such non-Federal agencies of government, colleges, universities,
private institutions, firms, and individuals as may make such information available.
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Note: Section 307 amended August 29, 1984.
----------------------------------------------------------------------------------------------------------
INTERAGENCY COOPERATION
[98 STAT. 1540]
[30 U.S.C. 1228]
SEC. 308. The President shall, by such means as he deems appropriate,
clarify agency responsibility for Federal mining and mineral resources research and
provide for interagency coordination of such research, including the research authorized
by this Act. Such coordination shall include --
(1) continuing review of the adequacy of the Government-wide program in
mining and mineral resources research;
(2) identification and elimination of duplication and overlap between agency
programs;
(3) identification of technical needs in various mining and mineral resources
research categories;
(4) recommendations with respect to allocation of technical effort among
Federal agencies;
(5) review of technical manpower needs, and findings concerning management
policies to improve the quality of the Government-wide research effort; and
(6) actions to facilitate interagency communication at management levels.
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Note: Section 308 amended August 29, 1984.
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COMMITTEE
[98 STAT. 1540]
[30 U.S.C. 1229]
SEC. 309. (a) The Secretary shall appoint a Committee on Mining and
Mineral Resources Research composed of --
(1) the Assistant Secretary of the Interior responsible for minerals and mining
research, or his delegate;
(2) the Director, United States Bureau of Mines, or his delegate;
(3) the Director, United States Geological Survey, or his delegate;
(4) the Director of the National Science Foundation, or his delegate;
(5) the President, National Academy of Sciences, or his delegate;
(6) the President, National Academy of Engineering, or his delegate; and
(7) not more than 7 other persons who are knowledgeable in the fields of
mining and mineral resources research, including two university administrators involved
in the conduct of programs authorized by this Act, 3 representatives from the mining
industry, a working miner, and a representative from the conservation community. In
making these 7 appointments, the Secretary shall consult with interested groups.
(b) The Committee shall consult with, and make recommendations to, the Secretary
on all matters relating to mining and mineral resources research and the determinations
that are required to be made under this Act. The Secretary shall consult with, and
consider recommendations of, such Committee in such matters.
(c) Committee members, other than officers or employees of Federal, State, or local
governments, shall be, for each day (including travel time) during which they are
performing Committee business, paid at a rate fixed by the Secretary but not excess of the
daily equivalent of the maximum rate of pay for grade GS-18 of the Sec. 309
General Schedule under section 5332 of title 5 of the United States Code, and shall be
fully reimbursed for travel, subsistence, and related expenses.
(d) The Committee shall be jointly chaired by the Assistant Secretary of the Interior
responsible for minerals and mining and a person to be elected by the Committee from
among the members referred to in paragraphs (5), (6), and (7) of subsection (a) of this
section.
(e) The Committee shall develop a national plan for research in mining and mineral
resources, considering ongoing efforts in the universities, the Federal Government, and
the private sector, and shall formulate and recommend a program to implement the plan
utilizing resources provided for under this Act. The Committee shall submit such plan to
the Secretary, the President, and the Congress on or before
March 1, 1986, and shall submit an annual update of such plan by January 15 of each
calendar year.
(f) Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
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Note: Section 309 amended August 29, 1984 and October 12, 1988 and May 18, 1992.
---------------------------------------------------------------------------------------------------------
ELIGIBILITY CRITERIA
[98 STAT. 1541]
[30 U.S.C. 1230]
SEC. 310. (a) The Committee shall determine the eligibility of a college
or university to participate as a mining and mineral resources research institute under this
Act using criteria which include --
(1) the presence of a substantial program of graduate instruction and research
in mining or mineral extraction or closely related fields which has a demonstrated history
of achievement;
(2) evidence of institutional commitment for the purposes of this Act; and
(3) evidence that such institution has or can obtain significant industrial
cooperation in activities within the scope of this Act; and
(4) the presence of an engineering program in mining or minerals extraction
that is accredited by the Accreditation Board for Engineering and Technology, or
evidence of equivalent institutional capability as determined by the Committee.
(b)(1) Notwithstanding the provisions of subsection (a), those colleges or
universities which, on the date of enactment of the Mining and Mineral Resources
Research Institute Amendments of 1988, have a mining or mineral resources research
institute program which has been found to be eligible pursuant to this Act shall continue
to be eligible subject to review at least once during the period authorized by
the Mining and Mineral Resources Research Institute Amendments of 1988, under the
provisions of subsection (a). The results of such review shall be submitted by January 15,
1992, pursuant to section 11(a)(2) of the Mining and Mineral Resources Research
Institute Amendments of 1988.
(2) Generic mineral technology centers established by the Secretary under this
Act are to be composed of institutes eligible pursuant to subsection (a). Existing generic
mineral technology centers shall continue to be eligible under this Act subject to at least
one review prior to January 15, 1992, pursuant to section 11(a)(3) of the Mining and
Mineral Resources Research Institute Amendments of 1988.
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Note: Section 310 added August 29, 1984 and October 12, 1988.
----------------------------------------------------------------------------------------------------------
STRATEGIC RESOURCES GENERIC MINERAL TECHNOLOGY CENTER
[104 Stat. 1207]
[30 U.S.C. 1230a]
(a) The Secretary of the Interior is authorized and directed to
establish a Strategic Resources Mineral Technology Center (hereinafter referred to as the
"center") for the purpose of improving existing, and developing new, technologies that
will decrease the dependance of the United States on supplies of strategic and critical
minerals.
(b) The center shall --
(1) provide for studies and technology development in the areas of mineral
extraction and refining processes, product substitution and conservation of mineral
resources through recycling and advanced processing and fabrication methods;
(2) identify new deposits of strategic and critical mineral resources; and
(3) facilitate the transfer of information, studies, and technologies developed
by the center to the private sector.
(c) The Secretary shall establish the center referred to in subsection (a) of this section
at a university that --
(1) does not currently host a generic mineral technology center;
(2) has established advanced degree programs in geology and geological
engineering, and metallurgical and mining engineering;
(3) has expertise in materials and advanced processing research; and
(4) is located west of the 100th meridian.
(d) There is authorized to be appropriated such sums as may be necessary to carry out
this section.
TITLE IV -- ABANDONED MINE RECLAMATION
ABANDONED MINE RECLAMATION FUND AND PURPOSES
[30 U.S.C. 1231]
SEC. 401. (a) There is created on the books of the Treasury of the
United States a trust fund to be known as the Abandoned Mine Reclamation Fund
(hereinafter referred to as the "fund") which shall be administered by the Secretary of the
Interior. State abandoned mine reclamation funds (State funds) generated by grants from
this title shall be established by each State pursuant to an approved State program.
(b) The fund shall consist of amounts deposited in the fund, from time to time derived
from --
(1) the reclamation fees levied under section 402;
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Note: Subsection 401(b)(1) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(2) any user charge imposed on or for land reclaimed pursuant to this title,
after expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the
purposes of this title;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(b)(3) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(4) recovered moneys as provided for in this title; and
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(b)(4) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(5) interest credited to the fund under subsection (e).
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(b)(5) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(c) Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources adversely affected
by past coal mining, including but not limited to reclamation and restoration of
abandoned surface mine areas, abandoned coal processing areas, and abandoned coal
refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting
of land adversely affected by past coal mining to prevent erosion and sedimentation;
prevention, abatement, treatment, and control of water pollution created by coal mine
drainage including restoration of stream beds, and construction and operation of water
treatment plants; prevention, abatement, and control of burning Sec. 401
coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of
coal mine subsidence; and establishment of self-sustaining, individual State administered
programs to insure private property against damages caused by land subsidence resulting
from underground coal mining in those States which have reclamation plans approved in
accordance with section 503 of this Act: Provided, That funds used for this purpose shall
not exceed $3,000,000 of the funds made available to any State under section 402(g)(1)
of this Act;
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Note: Subsection 401(c)(1) amended October 12, 1984 and November 5, 1990.
----------------------------------------------------------------------------------------------------------
(2) for transfer on an annual basis to the Secretary of Agriculture for use under
section 406;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(c)(2) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(3) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under section 409;
(4) acquisition of land as provided for in this title;
(5) enforcement and collection of the reclamation fee provided for in section
402 of this title;
(6) studies, research, and demonstration projects by the Department of the
Interior to such extent or in such amounts as are provided in appropriation Acts with
public and private organizations, conducted in accordance with section 3501 of the
Omnibus Budget Reconciliation Act of 1986 conducted for the purposes of this title;
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Note: Subsection 401(c)(6) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(7) restoration, reclamation, abatement, control, or prevention of adverse
effects of coal mining which constitutes an emergency as provided for in this title;
(8) grants to the States to accomplish the purposes of this title;
(9) administrative expenses of the United States and each State to accomplish
the purposes of this title;
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Note: Subsection 401(c)(9) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(10) for use under section 411;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401 (c)(10) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(11) for the purpose of section 507(c), except that not more than $10,000,000
shall annually be available for such purpose;
----------------------------------------------------------------------------------------------------------
Note: Subsection 401 (c)(11) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(12) for the purpose described in section 402(h); and
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(c)(12) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(13) all other necessary expenses to accomplish the purposes of this title.
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(c)(13) renumbered from (12) October 24, 1992.
----------------------------------------------------------------------------------------------------------
(d) Moneys from the fund shall be available for the purposes of this title, only when
appropriated therefor, and such appropriations shall be made without fiscal year
limitations.
(e) The Secretary of the Interior shall notify the Secretary of the Treasury as to what
portion of the fund is not, in his judgement, required to meet current withdrawals. The
Secretary of the Treasury shall invest such portion of the fund in public debt securities
with maturities suitable for the needs of such fund and bearing interest at rates determined
by the Secretary of the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable maturities. The
income on such investments shall be credited to, and form a part of, the fund.
----------------------------------------------------------------------------------------------------------
Note: Subsection 401(e) added November 5, 1990.
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RECLAMATION FEE
[30 U.S.C. 1232]
SEC. 402. (a) All operators of coal mining operations subject to the
provisions of this Act shall pay to the Secretary of the Interior, for deposit in the fund, a
reclamation fee of 35 cents per ton of coal produced by surface coal mining and 15 cents
per ton of coal produced by underground mining or 10 per centum of the value of the coal
at the mine, as determined by the Secretary, whichever is less, except that the reclamation
fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine,
or 10 cents per ton, whichever is less.
(b) Such fee shall be paid no later than thirty days after the end of each calendar
quarter beginning with the first calendar quarter occurring after the date of enactment of
this Act, and ending September 30, 2004, after which time the fee shall be Sec. 402
established at a rate to continue to provide for the deposit referred to in subsection (h).
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Note: Subsection 402(b) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(c) Together with such reclamation fee, all operators of coal mine operations shall
submit a statement of the amount of coal produced during the calendar quarter, the
method of coal removal and the type of coal, the accuracy of which shall be sworn to by
the operator and notarized. Such statement shall include an identification of the permittee
of the surface coal mining operation, any operator in addition to the permittee, the owner
of the coal, the preparation plant, tipple, or loading point for the coal, and the person
purchasing the coal from the operator. The report shall also specify the number of the
permit required under section 506 and the mine safety and health identification number.
Each quarterly report shall contain a notification of any changes in the information
required by this subsection since the date of the preceding quarterly report. The
information contained in the quarterly reports under this subsection shall be maintained
by the Secretary in a computerized database.
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(c) amended November 5, 1990.
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(d)(1) Any person, corporate officer, agent or director, on behalf of a coal mine
operator, who knowingly makes any false statement, representation or certification, or
knowingly fails to make any statement, representation or certification required in this
section shall, upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than one year, or both.
(2) The Secretary shall conduct such audits of coal production and the payment
of fees under this title as may be necessary to ensure full compliance with the provisions
of this title. For purposes of performing such audits the Secretary (or any duly designated
officer, employee, or representative of the Secretary) shall, at the reasonable times, upon
request, have access to, and may copy, all books, papers, and other documents of any
person subject to the provisions of this title. The Secretary may at any time conduct audits
of any surface coal mining and reclamation operation, including without limitation,
tipples and preparation plants, as may be necessary in the judgment of the Secretary to
ensure full and complete payment of the fees under this title.
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(d)(2) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(e) Any portion of the reclamation fee not properly or promptly paid pursuant to this
section shall be recoverable, with statutory interest, from coal mine operators, in any court
of competent jurisdiction in any action at law to compel payment of debts.
(f) All Federal and State agencies shall fully cooperate with the Secretary of the
Interior in the enforcement of this section. Whenever the Secretary believes that any
person has not paid the full amount of the fee payable under subsection (a) the Secretary
shall notify the Federal agency responsible for ensuring compliance with the provisions of
section 4121 of the Internal Revenue Code of 1986.
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(f) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(g) (1) Except as provided in subsection (h), moneys deposited into the fund shall be
allocated by the Secretary to accomplish the purposes of this title as follows:
(A) 50 percent of the reclamation fees collected annually in any State
(other than fees collected with respect to Indian lands) shall be allocated annually by the
Secretary to the State, subject to such State having each of the following:
(i) An approved abandoned mine reclamation program pursuant to
section 405.
(ii) Lands and waters which are eligible pursuant to section 404 (in
the case of a State not certified under section 411(a)) or pursuant to section 411(b) (in the
case of a State certified under section 411(a)).
(B) 50 percent of the reclamation fees collected annually with respect to
Indian lands shall be allocated annually by the Secretary to the Indian tribe having
jurisdiction over such lands, subject to such tribe having each of the following:
(i) an approved abandoned mine reclamation program pursuant to
section 405.
(ii) Lands and waters which are eligible pursuant to section 404 (in
the case of an Indian tribe not certified under section 411(a)) or pursuant to section
411(b) (in the case of a tribe certified under section 411(a)).
(C) The funds allocated by the Secretary under this paragraph to States and
Indian tribes shall only be used for annual reclamation project construction and program
administration grants.
(D) To the extent not expended within 3 years after the date of any grant
award under this paragraph, such grant shall be available for expenditure by the Secretary
in any area under paragraph (2), (3), (4), or (5).
(2) 20 percent of the amounts available in the fund in any fiscal year which are
not allocated under paragraph (1) in that fiscal year (including that interest accruing as
provided in section 401(e) and including funds available for reallocation pursuant to
paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the
annual transfer to the Secretary of Agriculture under section 401(c)(2).
(3) Amounts available in the fund which are not allocated to States and Indian
tribes under paragraph (1) or allocated under paragraphs (2) and (5) are authorized to be
expended by the Secretary for any of the following:
(A) For the purpose of section 507(c), either directly or through grants to
the States, subject to the limitation contained in section 401(c)(11).
(B) For the purpose of section 410 (relating to emergencies).
(C) For the purpose of meeting the objectives of the fund set forth in
section 403(a) for eligible lands and waters pursuant to section 404 in States and on
Indian lands where the State or Indian tribe does not have an approved abandoned mine
reclamation program pursuant to section 405.
(D) For the administration of this title by the Secretary.
(4)(A) Amounts available in the fund which are not allocated under paragraphs
(1), (2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be
expended by the Secretary under this paragraph for the reclamation or drainage abatement
of lands and waters within unreclaimed sites which are mined for coal or which were
affected by such mining, wastebanks, coal processing or other coal mining processes and
left in an inadequate reclamation status.
(B) Funds made available under this paragraph may be used for
reclamation or drainage abatement at a site referred to in subparagraph (A) if the
Secretary makes either of the following findings:
(i) A finding that the surface coal mining operation occurred during
the period beginning on August 4, 1977, and ending on or before the date on which the
Secretary approved a State program pursuant to section 503 for a State in which the site is
located, and that any funds for reclamation or abatement which are available pursuant to a
bond or other form of financial guarantee or from any other source are not sufficient to
provide for adequate reclamation or abatement at the site.
(ii) A finding that the surface coal mining operation occurred during
the period beginning on August 4, 1977, and ending on or before the date of enactment of
this paragraph, and that the surety of such mining operator became insolvent during such
period, and as of the date of enactment of this paragraph, funds immediately available
from proceedings relating to such insolvency, or from any financial guarantee or other
source are not sufficient to provide for adequate reclamation or abatement at the site.
(C) In determining which sites to reclaim pursuant to this paragraph, the
Secretary shall follow the priorities stated in paragraphs (1) and (2) of section 403(a). The
Secretary shall ensure that priority is given to those sites which are in the immediate
vicinity of a residential area or which have an adverse economic impact upon a local
community.
(D) Amounts collected from the assessment of civil penalties under
section 518 are authorized to be appropriated to carry out this paragraph.
(E) Any State may expend grants made available under paragraphs (1)
and (5) for reclamation and abatement of any site referred to in subparagraph (A) if the
State, with the concurrence of the Secretary, makes either of the findings referred to in
clause (i) or (ii) of subparagraph (B) and if the State determines that the reclamation
priority of the site is the same or more urgent than the reclamation priority for eligible
lands and waters pursuant to section 404 under the priorities stated in paragraphs (1) and
(2) of section 403(a).
(F) For the purposes of the certification referred to in section 411(a),
sites referred to in subparagraph (A) of this paragraph shall be considered as having the
same priorities as those stated in section 403(a) for eligible lands and waters pursuant to
section 404. All sites referred to in subparagraph (A) of this paragraph
within any State shall be reclaimed prior to such State making the certification referred to
in section 411(a).
(5) The Secretary shall allocate 40 percent of the amount in the fund after
making the allocation referred to in paragraph (1) for making additional annual grants to
States and Indian tribes which are not certified under section 411(a) to supplement grants
received by such States and Indian tribes pursuant to paragraph (1)(C) until the priorities
stated in paragraphs (1) and (2) of section 403(a) have been achieved by such State or
Indian tribe. The allocation of such funds for the purpose of making such expenditures
shall be through a formula based on the amount of coal historically produced in the State
or from the Indian lands concerned prior to August 3, 1977. Funds allocated or expended
by the Secretary under paragraphs (2), (3), or (4) of this subsection for any State or Indian
tribe shall not be deducted against any allocation of funds to the State or Indian tribe
under paragraph (1) or under this paragraph.
(6) Any State may receive and retain, without regard to the 3-year limitation
referred to in paragraph (1)(D), up to 10 percent of the total of the grants made annually
to such State under paragraphs (1) and (5) if such amounts are deposited into either-
(A) a special trust fund established under State law pursuant to which
such amounts (together with all interest earned on such amounts) are expended by the
State solely to achieve the priorities stated in section 403(a) after September 30, 1995, or
(B) an acid mine drainage abatement and treatment fund established
under State law as provided in paragraph (7).
(7)(A) Any State may establish under State law an acid mine drainage
abatement and treatment fund from which amounts (together with all interest earned on
such amounts) are expended by the State to implement, in consultation with the Soil
Conservation Service, acid mine drainage abatement and treatment plans approved by the
Secretary. Such plans shall provide for the comprehensive abatement of the causes and
treatment of the effects of acid mine drainage within qualified hydrologic units affected
by coal mining practices.
(B) The plan shall include, but shall not be limited to, each of the
following:
(i) An identification of the qualified hydrologic unit.
(ii) The extent to which acid mine drainage is affecting the water
quality and biological resources within the hydrologic unit.
(iii) An identification of the sources of acid mine drainage within
the hydrologic unit.
(iv) An identification of individual projects and the measures
proposed to be undertaken to abate and treat the causes or effects of acid mine drainage
within the hydrologic unit.
(v) The cost of undertaking the proposed abatement and treatment
measures. Sec. 402
(vi) An identification of existing and proposed sources of funding
for such measures.
(vii) An analysis of the cost-effectiveness and environmental
benefits of abatement and treatment measures.
(C) The Secretary may approve any plan under this paragraph only after
determining that such plan meets the requirements of this paragraph. In conducting an
analysis of the items referred to in clauses (iv), (v), and (vii) the Director of the Office of
Surface Mining shall obtain the comments of the Director of the United States Bureau of
Mines. In approving plans under this paragraph, the Secretary shall give a priority to
those plans which will be implemented in coordination with measures undertaken by the
Secretary of Agriculture under section 406.
(D) For purposes of this paragraph, the term 'qualified hydrologic unit'
means a hydrologic unit-
(i) in which the water quality has been significantly affected by acid
mine drainage from coal mining practices in a manner which adversely impacts biological
resources; and
(ii) which contains lands and waters which are-
(I) eligible pursuant to section 404 and include any of the
priorities stated in paragraph (1), (2), or (3) of section 403(a); and
(II) proposed to be the subject of the expenditures by the State
(from amounts available from the forfeiture of bonds required under section 509 or from
other State sources) to mitigate acid mine drainage.
(8) Of the funds available for expenditure under this subsection in any fiscal
year, the Secretary shall allocate annually not less than $2,000,000 for expenditure in
each State, and for each Indian tribe, having an approved abandoned mine reclamation
program pursuant to section 405 and eligible lands and waters pursuant to section 404 so
long as an allocation of funds to such State or such tribe is necessary to achieve the
priorities stated in paragraphs (1) and (2) of section 403(a).
----------------------------------------------------------------------------------------------------------
Note: Subsection 402(g) amended September 13, 1982, May 7, 1987 and November 5,
1990 and May 18, 1992 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(h)(1) In the case of any fiscal year beginning on or after October 1, 1995, with
respect to which fees are required to be paid under this section, the Secretary shall, as of
the beginning of such fiscal year and before any allocation under subsection (g), make the
transfer provided in paragraph (2).
(2) The Secretary shall transfer from the fund to the United Mine Workers of
America Combined Benefit Fund established under section 9702 of the Internal Revenue
Code of 1986 for any fiscal year an amount equal to the sum of --
(A) the amount of the interest which the Secretary estimates will be
earned and paid to the Fund during the fiscal year, plus
(B) the amount by which the amount described in subparagraph (A) is
less than $70,000,000.
(3)(A) The aggregate amount which may be transferred under paragraph (2)
for any fiscal year shall not exceed the amount of expenditures which the trustees of the
Combined Fund estimate will be debited against the unassigned beneficiaries premium
account under section 9704(e) of the Internal Revenue Code of 1986 for the fiscal year of
the Combined Fund in which the transfer is made.
(B) The aggregate amount which may be transferred under paragraph
(2)(B) for all fiscal years shall not exceed an amount equivalent to all interest earned and
paid to the fund after September 30, 1992, and before October 1, 1995.
(4) If, for any fiscal year, the amount transferred is more or less than the
amount required to be transferred, the Secretary shall appropriately adjust the amount
transferred for the next fiscal year.
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Note: Subsection 402(h) added October 24, 1992.
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OBJECTIVES OF FUND
[30 U.S.C. 1233]
SEC. 403. (a) Expenditure of moneys from the fund on lands and water
eligible pursuant to section 404 for the purposes of this title, except as provided for under
section 411, shall reflect the following priorities in the order stated:
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Note: Subsection 403(a) amended November 5, 1990 and October 24, 1992.
----------------------------------------------------------------------------------------------------------
(1) the protection of public health, safety, general welfare, and property from
extreme danger of adverse effects of coal mining practices;
(2) the protection of public health, safety, and general welfare from adverse
effects of coal mining practices;
(3) the restoration of land and water resources and the environment previously
degraded by adverse effects of coal mining practices including measures for the
conservation and development of soil, water (excluding channelization), woodland, fish
and wildlife, recreation resources, and agricultural productivity;
(4) the protection, repair, replacement, construction, or enhancement of public
facilities such as utilities, roads, recreation, and conservation facilities adversely affected
by coal mining practices; and
(5) the development of publicly owned land adversely affected by coal mining
practices including land acquired as provided in this title for recreation and historic
purposes, conservation, and reclamation purposes and open space benefits.
(b)(1) Any State or Indian tribe not certified under section 411(a) may expend up to
30 percent of the funds allocated to such State or Indian tribe in any year through the
grants made available under paragraphs (1) and (5) of section 402(g) for the Sec. 403
purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to
water supply, including water distribution facilities and treatment plants, to replace water
supplies adversely affected by coal mining practices.
(2) If the adverse effect on water supplies referred to in this subsection
occurred both prior to and after August 3, 1977, or as the case may be, the dates (and
under the criteria) set forth under section 402(g)(4)(B) section 404 shall not be construed
to prohibit a State or Indian tribe referred to in paragraph (1) from using funds referred to
in such paragraph for the purposes of this subsection if the State or Indian tribe
determines that such adverse effects occurred predominantly prior to August 3, 1977, or
as the case may be, the dates (and under the criteria) set forth under section 402(g)(4)(B).
----------------------------------------------------------------------------------------------------------
Note: Subsection 403(b) added November 5, 1990 and amended October 24, 1992.
----------------------------------------------------------------------------------------------------------
(c) For the purposes of assisting in the planning and evaluation of reclamation
projects pursuant to section 405, and assisting in making the certification referred to in
section 411(a), the Secretary shall maintain an inventory of eligible lands and waters
pursuant to section 404 which meet the priorities stated in paragraphs (1) and (2) of
subsection (a). Under standardized procedures established by the Secretary, States and
Indian tribes with approved abandoned mine reclamation programs pursuant to section
405 may offer amendments to update the inventory as it applies to eligible lands and
waters under the jurisdiction of such States or tribes. The Secretary shall provide such
States and tribes with the financial and technical assistance necessary for the purpose of
making inventory amendments. The Secretary shall compile and maintain an inventory for
States and Indian lands in the case when a State or Indian tribe does not have an approved
abandoned mine reclamation program pursuant to section 405. On a regular basis, but not
less than annually, the projects completed under this title shall be so noted on the
inventory under standardized procedures established by the Secretary.
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Note: Subsection 403(c) added November 5, 1990.
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ELIGIBLE LANDS AND WATER
[30 U.S.C. 1234]
SEC. 404. Lands and water eligible for reclamation or drainage
abatement expenditures under this title are those which were mined for coal or which
were affected by such mining, wastebanks, coal processing, or other coal mining
processes, except as provided for under section 411 and abandoned or left in an
inadequate reclamation status prior to the date of enactment of this Act, and for which
there is no continuing reclamation responsibility under State or other Federal laws.
For other provisions relating to lands and waters eligible for such expenditures, see
section 402(g)(4), section 403(b)(1), and section 409. Surface coal mining operations on
lands eligible for remining shall not affect the eligibility of such lands for reclamation and
restoration under this title after the release of the bond or deposit for any such operation
as provided under section 519. In the event the bond or deposit for a surface coal mining
operation on lands eligible for remining is forfeited, funds available under this title may
be used if the amount of such bond or deposit is not sufficient to provide for adequate
reclamation or abatement, except that if conditions warrant the Secretary shall
immediately exercise his authority under section 410.
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Note: Section 404 amended November 5, 1990 and October 24, 1992.
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STATE RECLAMATION PROGRAMS
[30 U.S.C. 1235]
SEC. 405. (a) Not later than the end of the one hundred and eighty day
period immediately following the date of enactment of this Act, the Secretary shall
promulgate and publish in the Federal Register regulations covering implementation of an
abandoned mine reclamation program incorporating the provisions of title IV and
establishing procedures and requirements for preparation, submission, and approval of
State programs consisting of the plan and annual submissions of projects.
----------------------------------------------------------------------------------------------------------
Note: Subsection 405(a) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(b) Each State having within its borders coal mined lands eligible for reclamation
under this title, may submit to the Secretary a State Reclamation Plan and annual projects
to carry out the purposes of this title.
(c) The Secretary shall not approve, fund, or continue to fund a State abandoned
mine reclamation program unless that State has an approved State regulatory program
pursuant to section 503 of this Act.
(d) If the Secretary determines that a State has developed and submitted a program
for reclamation of abandoned mines and has the ability and necessary State legislation to
implement the provisions of this title, sections 402 and 410 excepted, the Secretary shall
approve such State program and shall grant to the State exclusive responsibility and
authority to implement the provisions of the approved program: Provided, That the
Secretary shall withdraw such approval and authorization if he determines upon the basis
of information provided under this section that the State program is not in compliance
with the procedures, guidelines, and requirements established under subsection 405(a). Sec. 405
(e) Each State Reclamation Plan shall generally identify the areas to be reclaimed,
the purposes for which the reclamation is proposed, the relationship of the lands to be
reclaimed and the proposed reclamation to surrounding areas, the specific criteria for
ranking and identifying projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of this title.
(f) On an annual basis, each State having an approved State Reclamation Plan may
submit to the Secretary an application for the support of the State program and
implementation of specific reclamation projects. Such annual requests shall include such
information as may be requested by the Secretary including:
(1) a general description of each proposed project;
(2) a priority evaluation of each proposed project;
(3) a statement of the estimated benefits in such terms as: number of acres
restored, miles of stream improved, acres of surface lands protected from subsidence,
population protected from subsidence, air pollution, hazards of mine and coal refuse
disposal area fires;
(4) an estimate of the cost for each proposed project;
(5) in the case of proposed research and demonstration projects, a description
of the specific techniques to be evaluated or objective to be attained;
(6) an identification of lands or interest therein to be acquired and the estimated cost; and
(7) in each year after the first in which a plan is filed under this title, an
inventory of each project funded under the previous year's grant: which inventory shall
include details of financial expenditures on such project together with a brief description
of each such project, including project locations, landowner's name, acreage, type of
reclamation performed.
(g) The costs for each proposed project under this section shall include: actual
construction costs, actual operation and maintenance costs of permanent facilities,
planning and engineering costs, construction inspection costs, and other necessary
administrative expenses.
(h) Upon approval of State Reclamation Plan by the Secretary and of the surface
mine regulatory program pursuant to section 503, the Secretary shall grant, on an annual
basis, funds to be expended in such State pursuant to subsection 402(g) and which are
necessary to implement the State reclamation program as approved by the Secretary.
----------------------------------------------------------------------------------------------------------
Note: Subsection 405(h) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(i) The Secretary, through his designated agents, will monitor the progress and
quality of the program. The States shall not be required at the start of any project to
submit complete copies of plans and specifications.
(j) The Secretary shall require annual and other reports as may be necessary to be
submitted by each State administering the approved State reclamation program with
funds provided under this title. Such reports shall include that information which the
Secretary deems necessary to fulfill his responsibilities under this title.
(k) Indian tribes having within their jurisdiction eligible lands pursuant to section
404 or from which coal is produced, shall be considered as a "State" for the purposes of
this title except for purposes of subsection (c) of this section with respect to the Navajo,
Hopi and Crow Indian Tribes.
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Note: Subsection 405(k) amended July 11, 1987.
----------------------------------------------------------------------------------------------------------
(l) No State shall be liable under any provision of Federal law for any costs or
damages as a result of action taken or omitted in the course of carrying out a State
abandoned mine reclamation plan approved under this section. This subsection shall not
preclude liability for costs or damages as a result of gross negligence or intentional
misconduct by the State. For purposes of the preceding sentence, reckless, willful, or
wanton misconduct shall constitute gross negligence.
----------------------------------------------------------------------------------------------------------
Note: Subsection 405(l) added November 5, 1990.
----------------------------------------------------------------------------------------------------------
RECLAMATION OF RURAL LANDS
[30 U.S.C. 1236]
SEC. 406. (a) In order to provide for the control and prevention of
erosion and sediment damages from unreclaimed mined lands, and to promote the
conservation and development of soil and water resources of unreclaimed mined lands
and lands affected by mining, the Secretary of Agriculture is authorized to enter into
agreements of not more than ten years with landowners (including owners of water
rights), residents, and tenants, and individually or collectively, determined by him to have
control for the period of the agreement of lands in question therein, providing for land
stabilization, erosion, and sediment control, and reclamation through conservation
treatment, including measures for the conservation and development of soil, water
(excluding stream channelization), woodland, wildlife, and recreation resources, and
agricultural productivity of such lands. Such agreements shall be made by the Secretary
with the owners, including owners of water rights, residents, or tenants (collectively or
individually) of the lands in question.
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Note: Subsection 406(a) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(b) The landowner, including the owner of water rights, resident, or tenant shall
furnish to the Secretary of Agriculture a conservation and development plan setting forth
the proposed land uses and conservation treatment which shall be mutually agreed by the
Secretary of Agriculture and the landowner, including owner of water Sec. 406
rights, resident, or tenant to be needed on the lands for which the plan was prepared. In
those instances where it is determined that the water rights or water supply of a tenant,
landowner, including owner of water rights, resident, or tenant have been adversely
affected by a surface or underground coal mine operation which has removed or disturbed
a stratum so as to significantly affect the hydrologic balance, such plan may include
proposed measures to enhance water quality or quantity by means of joint action with
other affected landowners, including owner of water rights, residents, or tenants in
consultation with appropriate State and Federal agencies.
(c) Such plan shall be incorporated in an agreement under which the landowner,
including owner of water rights, resident, or tenant shall agree with the Secretary of
Agriculture to effect the land uses and conservation treatment provided for in such plan
on the lands described in the agreement in accordance with the terms and conditions
thereof.
(d) In return for such agreement by the landowner, including owner of water rights,
resident, or tenant, the Secretary of Agriculture is authorized to furnish financial and other
assistance to such landowner, including owner of water rights, resident. or tenant, in such
amounts and subject to such conditions as the Secretary of Agriculture determines are
appropriate in the public interest for carrying out the land use and conservation treatment
set forth in the agreement. Grants made under this section, depending on the
income-producing potential of the land after reclaiming, shall provide up to 80 per
centum of the cost of carrying out such land uses and conservation treatment on not more
than one hundred and twenty acres of land occupied by such owner, including water rights
owners, residents, or tenant, or on not more than one hundred and twenty acres of land
which has been purchased jointly by such landowners, including water rights owners,
residents, or tenants, under an agreement for the enhancement of water quality or quantity
or on land which has been acquired by an appropriate State or local agency for the
purpose of implementing such agreement; except the Secretary may reduce the matching
cost share where he determines that (1) the main benefits to be derived from the project
are related to improving offsite water quality, offsite esthetic values, or other offsite
benefits, and (2) the matching share requirement would place a burden on the landowner
which would probably prevent him from participating in the program: Provided, however,
That the Secretary of Agriculture may allow for land use and conservation treatment on
such lands occupied by any such owner in excess of such one hundred and twenty acre
limitation up to three hundred and twenty acres, but in such event the amount of the grant
to such landowner to carry out such reclamation on such lands shall be reduced
proportionately. Notwithstanding any other provision of this section with regard to
acreage limitations, the Secretary of Agriculture may carry out reclamation treatment
projects to control erosion and improve water quality on all lands within a hydrologic
unit, consisting of not more than 25,000 acres, if the Secretary determines that treatment
of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of
past surface mining practices than would be achieved if reclamation was done on
individual parcels of land.
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Note: Subsection 406(d) amended December 22, 1981 and November 5, 1990.
----------------------------------------------------------------------------------------------------------
(e) The Secretary of Agriculture may terminate any agreement with a landowner
including water rights owners, operator, or occupier by mutual agreement if the Secretary
of Agriculture determines that such termination would be in the public interest, and may
agree to such modification of agreements previously entered into hereunder as he deems
desirable to carry out the purposes of this section or to facilitate the practical
administration of the program authorized herein.
(f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the
extent he deems it desirable to carry out the purposes of this section, may provide in any
agreement hereinunder for (1) preservation for a period not to exceed the period covered
by the agreement and an equal period thereafter of the cropland, crop acreage, and
allotment history applicable to land covered by the agreement for the purpose of any
Federal program under which such history is used as a basis for an allotment or other
limitation on the production of such crop; or (2) surrender of any such history and
allotments.
(g) The Secretary of Agriculture shall be authorized to issue such rules and
regulations as he determines are necessary to carry out the provisions of this section.
(h) In carrying out the provisions of this section, the Secretary of Agriculture shall
utilize the services of the Soil Conservation Service.
----------------------------------------------------------------------------------------------------------
Note: Subsection 406(i) repealed November 5, 1990.
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ACQUISITION AND RECLAMATION OF LAND ADVERSELY
AFFECTED BY PAST COAL MINING PRACTICES
[30 U.S.C. 1237]
SEC. 407. (a) If the Secretary or the State pursuant to an approved State
program, makes a finding of fact that -
(1) land or water resources have been adversely affected by past coal mining
practices; and
(2) the adverse effects are at a stage where, in the public interest, action to
restore, reclaim, abate, control, or prevent should be taken; and
(3) the owners of the land or water resources where entry must be made to
restore, reclaim, abate, control, or prevent the adverse effects of past coal mining
practices are not known, or readily available; or
(4) the owners will not give permission for the United States, the States,
political subdivisions, their agents, employees, or contractors to enter upon such
property to restore, reclaim, abate, control, or prevent the adverse effects of past coal
mining practices;
then, upon giving notice by mail to the owners if known or if not known by posting notice
upon the premises and advertising once in a newspaper of general circulation in the
municipality in which the land lies, the Secretary, his agents, employees, or contractors,
or the State pursuant to an approved State program, shall have the right to enter upon the
property adversely affected by past coal mining practices and any other property to have
access to such property to do all things necessary or expedient to restore, reclaim, abate,
control, or prevent the adverse effects. Such entry shall be construed as an exercise of the
police power for the protection of public health, safety, and general welfare and shall not
be construed as an act of condemnation of property nor of trespass thereon. The moneys
expended for such work and the benefits accruing to any such premises so entered upon
shall be chargeable against such land and shall mitigate or offset any claim in or any
action brought by any owner of any interest in such premises for any alleged damages by
virtue of such entry: Provided, however, That this provision is not intended to create new
rights of action or eliminate existing immunities.
----------------------------------------------------------------------------------------------------------
Note: Subsection 407(a) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(b) The Secretary, his agents, employees, or contractors or the State pursuant to an
approved State program, shall have the right to enter upon any property for the purpose of
conducting studies or exploratory work to determine the existence of adverse effects of
past coal mining practices and to determine the feasibility of restoration, reclamation,
abatement, control, or prevention of such adverse effects. Such entry shall be construed
as an exercise of the police power for the protection of public health, safety, and general
welfare and shall not be construed as an act of condemnation of property nor trespass
thereon.
(c) The Secretary or the State pursuant to an approved State program, may acquire
any land, by purchase, donation, or condemnation, which is adversely affected by past
coal mining practices if the Secretary determines that acquisition of such land is necessary
to successful reclamation and that-
(1) the acquired land, after restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices, will serve recreation and
historic purposes, conservation and reclamation purposes or provide open space benefits;
and
(2) permanent facilities such as a treatment plant or a relocated stream channel
will be constructed on the land for the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices; or
(3) acquisition of coal refuse disposal sites and all coal refuse thereon will
serve the purposes of this title or that public ownership is desirable to meet emergency
situations and prevent recurrences of the adverse effects of past coal mining practices.
(d) Title to all lands acquired pursuant to this section shall be in the name of the
United States or, if acquired by a State pursuant to an approved program, title shall be in
the name of the State. The price paid for land acquired under this section shall reflect the
market value of the land as adversely affected by past coal mining practices.
(e) States are encouraged as part of their approved State programs, to reclaim
abandoned and unreclaimed mined lands within their boundaries and, if necessary, to
acquire or to transfer such lands to the Secretary or the appropriate State regulatory
authority under appropriate Federal regulations. The Secretary is authorized to make
grants on a matching basis to States in such amounts as he deems appropriate for the
purpose of carrying out the provisions of this title but in no event shall any grant exceed
90 per centum of the cost of acquisition of the lands for which the grant is made. When a
State has made any such land available to the Federal Government under this title, such
State shall have a preference right to purchase such lands after reclamation at fair market
value less the State portion of the original acquisition price. Notwithstanding the
provisions of paragraph (1) of subsection (c), reclaimed land may be sold to the State or
local government in which it is located at a price less than fair market value, which in no
case shall be less than the cost to the United States of the purchase and reclamation of the
land, as negotiated by the Secretary, to be used for a valid public purpose. If any land
sold to a State or local government under this paragraph is not used for a valid public
purpose as specified by the Secretary in the terms of the sales agreement then all right,
title, and interest in such land shall revert to the United States. Money received from such
sale shall be deposited in the fund.
----------------------------------------------------------------------------------------------------------
Note: Subsection 407(e) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(f) The Secretary, in formulating regulations for making grants to the States to
acquire land pursuant to this section, shall specify that acquired land meet the criteria
provided for in subsections (c) and (d) of this section. The Secretary may provide by
regulation that money derived from the lease, rental, or user charges of such acquired land
and facilities thereon will be deposited in the fund.
(g)(1) Where land acquired pursuant to this section is deemed to be suitable for
industrial, commercial, residential, or recreational development, the Secretary may sell or
authorize the States to sell such land by public sale under a system of competitive
bidding, at not less than fair market value and under such other regulations promulgated
to insure that such lands are put to proper use consistent with local and State land use
plans, if any, as determined by the Secretary.
(2) The Secretary or the State pursuant to an approved State program, when
requested after appropriate public notice shall hold a public hearing, with the appropriate
notice, in the county or counties or the appropriate subdivisions of the State in which
lands acquired pursuant to this section are located. The hearings shall be held at a time
which shall afford local citizens and governments the maximum opportunity to participate
in the decision concerning the use or disposition of the lands Sec. 407
after restoration, reclamation, abatement, control, or prevention of the adverse effects of
past coal mining practices.
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Note: Subsection 407(g)(2) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(h) In addition to the authority to acquire land under subsection (d) of this section
the Secretary is authorized to use money in the fund to acquire land by purchase,
donation, or condemnation, and to reclaim and transfer acquired land to any State or to a
political subdivision thereof, or to any person, firm, association, or corporation, if he
determines that such is an integral and necessary element of an economically feasible plan
for the project to construct or rehabilitate housing for persons disabled as the result of
employment in the mines or work incidental thereto, persons displaced by acquisition of
land pursuant to this section, or persons dislocated as the result of adverse effects of coal
mining practices which constitute an emergency as provided in section 410 or persons
dislocated as the result of natural disasters or catastrophic failures from any cause. Such
activities shall be accomplished under such terms and conditions as the Secretary shall
require, which may include transfers of land with or without monetary consideration:
Provided, That, to the extent that the consideration is below the fair market value of the
land transferred, no portion of the difference between the fair market value and the
consideration shall accrue as a profit to such persons, firm, association, or corporation.
No part of the funds provided under this title may be used to pay the actual construction
costs of housing. The Secretary may carry out the purposes of this subsection directly or
he may make grants and commitments for grants, and may advance money under such
terms and conditions as he may require to any State, or any department, agency, or
instrumentality of a State, or any public body or nonprofit organization designated by a
State.
LIENS
[30 U.S.C. 1238]
SEC. 408. (a) Within six months after the completion of projects to
restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on
privately owned land, the Secretary or the State, pursuant to an approved State program,
shall itemize the moneys so expended and may file a statement thereof in the office of the
county in which the land lies which has the responsibility under local law for the
recording of judgments against land, together with a notarized appraisal by an
independent appraiser of the value of the land before the restoration, reclamation,
abatement, control, or prevention of adverse effects of past coal mining practices if the
moneys so expended shall result in a significant increase in property value. Such
statement shall constitute a lien upon the said land. The lien shall not
exceed the amount determined by the appraisal to be the increase in the market value of
the land as a result of the restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices. No lien shall be filed against the property of
any person, in accordance with this subsection, who owned the surface prior to May 2,
1977, and who neither consented to nor participated in nor exercised control over the
mining operation which necessitated the reclamation performed hereunder.
(b) The landowner may proceed as provided by local law to petition within sixty
days of the filing of the lien, to determine the increase in the market value of the land as a
result of the restoration, reclamation, abatement, control, or prevention of the adverse
effects of past coal mining practices. The amount reported to be the increase in value of
the premises shall constitute the amount of the lien and shall be recorded with the
statement herein provided. Any party aggrieved by the decision may appeal as provided
by local law.
(c) The lien provided in this section shall be entered in the county office in which
the land lies and which has responsibility under local law for the recording of judgments
against land. Such statement shall constitute a lien upon the said land as of the date of the
expenditure of the moneys and shall have priority as a lien second only to the lien of real
estate taxes imposed upon said land.
FILLING VOIDS AND SEALING TUNNELS
[30 U.S.C. 1239]
SEC. 409. (a) The Congress declares that voids, and open and
abandoned tunnels, shafts, and entryways resulting from any previous mining operation,
constitute a hazard to the public health or safety and that surface impacts of any
underground or surface mining operation may degrade the environment. The Secretary, at
the request of the Governor of any State, or the governing body of an Indian tribe, is
authorized to fill such voids, seal such abandoned tunnels, shafts, and entryways, and
reclaim surface impacts of underground or surface mines which the Secretary determines
could endanger life and property, constitute a hazard to the public health and safety, or
degrade the environment. State regulatory authorities are authorized to carry out such
work pursuant to an approved abandoned mine reclamation program.
----------------------------------------------------------------------------------------------------------
Note: Subsection 409(a) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(b) Funds available for use in carrying out the purpose of this section shall be
limited to those funds which must be allocated to the respective States or Indian tribes
under the provisions of paragraphs (1) and (5) of section 402(g).
----------------------------------------------------------------------------------------------------------
Note: Subsection 409(b) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(c)(1) The Secretary may make expenditures and carry out the purposes of this
section in such States where requests are made by the Governor or governing body of an
Indian tribe for those reclamation projects which meet the priorities stated in section
403(a)(1), except that for the purposes of this section the reference to coal in section
403(a)(1) shall not apply.
(2) The provisions of section 404 shall apply to this section, with the exception that
such mined lands need not have been mined for coal.
(3) The Secretary shall not make any expenditures for the purposes of this section
in those States which have made the certification referred to in section 411(a).
----------------------------------------------------------------------------------------------------------
Note: Subsection 409(c) amended November 5, 1990.
----------------------------------------------------------------------------------------------------------
(d) In those instances where mine waste piles are being reworked for conservation
purposes, the incremental costs of disposing of the wastes from such operations by filling
voids and sealing tunnels may be eligible for funding providing that the disposal of these
wastes meets the purposes of this section.
(e) The Secretary may acquire by purchase, donation, easement, or otherwise such
interest in land as he determines necessary to carry out the provisions of this section.
EMERGENCY POWERS
[30 U.SC. 1240]
SEC. 410. (a) The Secretary is authorized to expend moneys from the
fund for the emergency restoration, reclamation, abatement, control, or prevention of
adverse effects of coal mining practices, on eligible lands, if the Secretary makes a
finding of fact that -
(1) an emergency exists constituting a danger to the public health, safety, or
general welfare; and
(2) no other person or agency will act expeditiously to restore, reclaim, abate,
control, or prevent the adverse effects of coal mining practices.
(b) The Secretary, his agents, employees, and contractors shall have the right to
enter upon any land where the emergency exists and any other land to have access to the
land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse
effects of coal mining practices and to do all things necessary or expedient to protect the
public health, safety, or general welfare. Such entry shall be construed as
an exercise of the police power and shall not be construed as an act of condemnation of
property nor of trespass thereof. The moneys expended for such work and the benefits
accruing to any such premises so entered upon shall be chargeable against such land and
shall mitigate or offset any claim in or any action brought by any owner of any interest in
such premises for any alleged damages by virtue of such entry: Provided, however, That
this provision is not intended to create new rights of action or eliminate existing
immunities.
CERTIFICATION
[30 U.S.C. 1240(a)]
SEC. 411. (a) The Governor of a State, or the head of a governing body
of an Indian tribe, with an approved abandoned mine reclamation program under section
405 may certify to the Secretary that all of the priorities stated in section 403(a) for
eligible lands and waters pursuant to section 404 have been achieved. The Secretary, after
notice in the Federal Register and opportunity for public comment, shall concur with such
certification if the Secretary determines that such certification is correct.
(b) If the Secretary has concurred in a State or tribal certification under subsection
(a), for purposes of determining the eligibility of lands and waters for annual grants under
section 402(g)(1), section 404 shall not apply, and eligible lands, waters, and facilities
shall be those-
(1) which were mined or processed for minerals or which were affected by
such mining or processing, and abandoned or left in an inadequate reclamation status
prior to August 3, 1977; and
(2) for which there is no continuing reclamation responsibility under State or
other Federal laws. In determining the eligibility under this subsection of Federal lands,
waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land
Management, in lieu of the August 3, 1977, date referred to in paragraph (1) the
applicable date shall be August 28, 1974, and November 26, 1980, respectively.
(c) Expenditures of moneys for lands, waters, and facilities referred to in subsection
(b) shall reflect the following objectives and priorities in the order stated (in lieu of the
priorities set forth in section 403):
(1) The protection of public health, safety, general welfare, and property from
extreme danger of adverse effects of mineral mining and processing practices.
(2) The protection of public health, safety, and general welfare from adverse
effects of mineral mining and processing practices.
(3) The restoration of land and water resources and the environment previously
degraded by the adverse effects of mineral mining and processing practices.
(d) Sites and areas designated for remedial action pursuant to the Uranium Mill
Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which
have been listed for remedial action pursuant to the Comprehensive Environmental
Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall
not be eligible for expenditures from the Fund under this section.
(e) Reclamation projects involving the protection, repair, replacement, construction,
or enhancement of utilities, such as those relating to water supply, roads, and such other
facilities serving the public adversely affected by mineral mining and processing
practices, and the construction of public facilities in communities impacted by coal or
other mineral mining and processing practices, shall be deemed part of the objectives set
forth, and undertaken as they relate to, the priorities stated in subsection (c).
(f) Notwithstanding subsection (e), where the Secretary has concurred in the
certification referenced in subsection (a) and where the Governor of a State or the head of
a governing body of an Indian tribe determines there is a need for activities or
construction of specific public facilities related to the coal or minerals industry in States
impacted by coal or minerals development and the Secretary concurs in such need, then
the State or Indian tribe, as the case may be, may use annual grants made available under
section 402(g)(1) to carry out such activities or construction.
(g) The provisions of sections 407 and 408 shall apply to subsections (a) through (e)
of this section, except that for purposes of this section the references to coal in sections
407 and 408 shall not apply.
-----------------------------------------------------------------------------------------------
Note: New section 411 added November 5, 1990.
-----------------------------------------------------------------------------------------------
FUND REPORT
[30 U.S.C. 1241]
SEC. 412. Not later than January 1, 1978, and annually thereafter, the
Secretary or the State pursuant to an approved State program, shall report to the Congress
on operations under the fund together with his recommendations as to future uses of the
fund.
----------------------------------------------------------------------------------------------------------
Note: Section 412, Fund Report renumbered from Section 411.
----------------------------------------------------------------------------------------------------------
MISCELLANEOUS POWERS
[30 U.S.C. 1242]
SEC. 413. (a) The Secretary or the State pursuant to an approved State
program, shall have the power and authority, if not granted it otherwise, to engage in any
work and to do all things necessary or expedient, including
promulgation of rules and regulations, to implement and administer the provisions of this
title.
(b) The Secretary or the State pursuant to an approved State program, shall have the
power and authority to engage in cooperative projects under this title with any other
agency of the United States of America, any State and their governmental agencies.
(c) The Secretary or the State pursuant to an approved State program, may request
the Attorney General, who is hereby authorized to initiate, in addition to any other
remedies provided for in this title, in any court of competent jurisdiction, an action in
equity for an injunction to restrain any interference with the exercise of the right to enter
or to conduct any work provided in this title.
(d) The Secretary or the State pursuant to an approved State program, shall have the
power and authority to construct and operate a plant or plants for the control and
treatment of water pollution resulting from mine drainage. The extent of this control and
treatment may be dependent upon the ultimate use of the water: Provided, That the above
provisions of this paragraph shall not be deemed in any way to repeal or supersede any
portion of the Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as
amended) and no control or treatment under this subsection shall in any way be less than
that required under the Federal Water Pollution Control Act. The construction of a plant
or plants may include major interceptors and other facilities appurtenant to the plant.
(e) The Secretary may transfer funds to other appropriate Federal agencies, in order
to carry out the reclamation activities authorized by this title.
----------------------------------------------------------------------------------------------------------
Note: Section 413, Miscellaneous Powers renumbered from Section 412.
----------------------------------------------------------------------------------------------------------
INTERAGENCY COOPERATION
[30 U.S.C. 1243]
SEC. 414. All departments, boards, commissioners, and agencies of the
United States of America shall cooperate with the Secretary by providing technical
expertise, personnel, equipment, materials, and supplies to implement and administer the
provisions of this title.
----------------------------------------------------------------------------------------------------------
Note: Section 414, Interagency Cooperation renumbered from Section 413.
----------------------------------------------------------------------------------------------------------
TITLE V -- CONTROL OF THE ENVIRONMENTAL IMPACTS OF
SURFACE COAL MINING
ENVIRONMENTAL PROTECTION STANDARDS
[30 U.S.C. 1251]
SEC. 501. (a) Not later than the end of the ninety-day period
immediately following the date of enactment of this Act, the Secretary shall promulgate
and publish in the Federal Register regulations covering an interim regulatory procedure
for surface coal mining and reclamation operations setting mining and reclamation
performance standards based on and incorporating the provisions set out in section 502(c)
of this Act. The issuance of the interim regulations shall be deemed not to be a major
Federal action within the meaning of section 102(2)(c) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332). Such regulations, which shall be concise and
written in plain, understandable language shall not be promulgated and published by the
Secretary until he has -
(A) published proposed regulations in the Federal Register and afforded
interested persons and State and local governments a period of not less than thirty days
after such publication to submit written comments thereon;
(B) obtained the written concurrence of the Administrator of the
Environmental Protection Agency with respect to those regulations promulgated under
this section which relate to air or water quality standards promulgated under the authority
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151-1175); and the
Clean Air Act, as amended (42 U.S.C. 1857 et seq.); and
(C) held at least one public hearing on the proposed regulations.
The date, time, and place of any hearing held on the proposed regulations shall be set out
in the publication of the proposed regulations. The Secretary shall consider all comments
and relevant data presented at such hearing before final promulgation and publication of
the regulations.
(b) Not later than one year after the enactment of this Act, the Secretary shall
promulgate and publish in the Federal Register regulations covering a permanent
regulatory procedure for surface coal mining and reclamation operations performance
standards based on and conforming to the provisions of title V and establishing
procedures and requirements for preparation, submission, and approval of State
programs; and development and implementation of Federal programs under the title. The
Secretary shall promulgate these regulations, which shall be concise and written in plain,
understandable language in accordance with the procedures in section 501(a).
ABANDONED COAL REFUSE SITES
[30 U.S.C. 1251a]
(1) Notwithstanding any other provision of the Surface Mining
Control and Reclamation Act of 1977 to the contrary, the Secretary of the Interior shall,
within one year after the enactment of this Act, publish proposed regulations in the
Federal Register, and after opportunity for public comment publish final regulations,
establishing environmental protection performance and reclamation standards, and
separate permit systems applicable to operations for the on-site reprocessing of
abandoned coal refuse and operations for the removal of abandoned coal refuse on lands
that would otherwise be eligible for expenditure under section 404 and section 402(g)(4)
of the Surface Mining Control and Reclamation Act of 1977.
(2) The standards and permit systems referred to in paragraph (1) shall
distinguish between those operations which reprocess abandoned coal refuse on-site, and
those operations which completely remove abandoned coal refuse from a site for the
direct use of such coal refuse, or for the reprocessing of such coal refuse, at another
location. Such standards and permit systems shall be premised on the distinct differences
between operations for the on-site reprocessing, and operations for the removal, of
abandoned coal refuse and other types of surface coal mining operations.
(3) The Secretary of the Interior may devise a different standard than any
of those set forth in section 515 and section 516 of the Surface Mining Control and
Reclamation Act of 1977, and devise a separate permit system, if he determines, on a
standard-by-standard basis, that a different standard may facilitate the on-site
reprocessing, or the removal, of abandoned coal refuse in a manner that would provide
the same level of environmental protection as under section 515 and section 516.
(4) Not later than 30 days prior to the publication of the proposed
regulations referred to in this subsection, the Secretary shall submit a report to the
Committee on Interior and Insular Affairs of the United States House of Representatives,
and the Committee on Energy and Natural Resources of the United States Senate
containing a detailed description of any environmental protection performance and
reclamation standards and separate permit systems, devised pursuant to this subsection.
INITIAL REGULATORY PROCEDURES
[30 U.S.C. 1252]
SEC. 502. (a) No person shall open or develop any new or previously
mined or abandoned site for surface coal mining operations on lands on which such
operations are regulated by a State unless such person has obtained a permit from the
State's regulatory authority.
(b) All surface coal mining operations on lands on which such operations are
regulated by a State which commence operations pursuant to a permit issued on or after
six months from the date of enactment of this Act shall comply, and such permits shall
contain terms requiring compliance with, the provisions set out in
subsection (c) of this section. Prior to final disapproval of a State program or prior to
promulgation of a Federal program or a Federal lands program pursuant to this Act, a
State may issue such permits.
(c) On and after nine months from the date of enactment of this Act, all surface coal
mining operations on lands on which such operations are regulated by a State shall
comply with the provisions of subsections 515(b)(2), 515(b)(3), 515(b)(5), 515(b)(10),
515(b)(13), 515(b)(15), 515(b)(19), and 515(d) of this Act or, where a surface coal
mining operation will remove an entire coal seam or seams running through the upper
fraction of a mountain, ridge, or hill by removing all of the overburden and creating a
level plateau or a gently rolling contour with no highwalls remaining, such operation shall
comply with the requirements of section 515(c) (4) and (5) without regard to the
requirements of section 515(b)(3) or 515(d) (2) and (3), with respect to lands from which
overburden and the coal seam being mined have not been removed: Provided, however,
That surface coal mining operations in operation pursuant to a permit issued by a State
before the date of enactment of this Act, issued to a person as defined in section 701(19)
in existence prior to May 2, 1977 and operated by a person whose total annual production
of coal from surface and underground coal mining operations does not exceed one
hundred thousand tons shall not be subject to the provisions of this subsection except with
reference to the provision of subsection 515(d)(1) until January 1, 1979.
(d) Not later than two months following the approval of a State program pursuant to
section 503 or the implementation of a Federal program pursuant to section 504,
regardless of litigation contesting that approval or implementation, all operators of
surface coal mines in expectation of operating such mines after the expiration of eight
months from the approval of a State program or the implementation of a Federal program,
shall file an application for a permit with the regulatory authority. Such application shall
cover those lands to be mined after the expiration of eight months from the approval of a
State program or the implementation of a Federal program. The regulatory authority shall
process such applications and grant or deny a permit within eight months after the date of
approval of the State program or the implementation of the Federal program, unless
specially enjoined by a court of competent jurisdiction, but in no case later than forty-two
months from the date of enactment of this Act.
(e) Within six months after the date of enactment of this Act, the Secretary shall
implement a Federal enforcement program which shall remain in effect in each State as
surface coal mining operations are required to comply with the provisions of this Act,
until the State program has been approved pursuant to this Act or until a Federal program
has been implemented pursuant to this Act. The enforcement program shall -
(1) include inspections of surface coal mine sites which may be made (but at
least one inspection for every site every six months), without advance notice to the mine
operator and for the purpose of ascertaining compliance with the standards of subsections
(b) and (c) above. The Secretary shall order any necessary enforcement
action to be implemented pursuant to the Federal enforcement provision of this title to
correct violations identified at the inspections;
(2) provide that upon receipt of inspection reports indicating that any surface
coal mining operation has been found in violation of subsections (b) and (c) above, during
not less than two consecutive State inspections or upon receipt by the Secretary of
information which would give rise to reasonable belief that such standards are being
violated by any surface coal mining operation, the Secretary shall order the immediate
inspection of such operation by Federal inspectors and the necessary enforcement actions,
if any, to be implemented pursuant to the Federal enforcement provisions of this title.
When the Federal inspection results from information provided to the Secretary by any
person, the Secretary shall notify such person when the Federal inspection is proposed to
be carried out and such person shall be allowed to accompany the inspector during the
inspection;
(3) provide that the State regulatory agency file with the Secretary and with a
designated Federal office centrally located in the county or area in which the inspected
surface coal mine is located copies of inspection reports made;
(4) provide that moneys authorized by section 712 shall be available to the
Secretary prior to the approval of a State program pursuant to this Act to reimburse the
State for conducting those inspections in which the standards of this Act are enforced and
for the administration of this section;
(5) for purposes of this section, the term "Federal inspector" means personnel
of the Office of Surface Mining Reclamation and Enforcement and such additional
personnel of the United States Geological Survey, Bureau of Land Management, or of the
Mining Enforcement and Safety Administration so designated by the Secretary, or such
other personnel of the Forest Service, Soil Conservation Service, or the Agricultural
Stabilization and Conservation Service as arranged by appropriate agreement with the
Secretary on a reimbursable or other basis.
(f) Following the final disapproval of a State program, and prior to promulgation of
a Federal program or a Federal lands program pursuant to this Act, including judicial
review of such a program, existing surface coal mining operations may continue surface
mining operations pursuant to the provisions of section 502 of this Act. During such
period no new permits shall be issued by the State whose program has been disapproved.
Permits which lapse during such period may continue in full force and effect until
promulgation of a Federal program or a Federal lands program.
STATE PROGRAMS
[30 U.S.C. 1253]
SEC. 503. (a) Each state in which there are or may be conducted
surface coal mining operations on non-Federal lands, and which wishes to assume
exclusive jurisdiction over the regulation of surface coal mining and reclamation
operations, except as provided in sections 521 and 523 and title IV of this Act, shall
submit to the Secretary, by the end of the eighteenth-month period beginning on the date
of enactment of this Act, a State program which demonstrates that such State has the
capability of carrying out the provisions of this Act and meeting its purposes through -
(1) a State law which provides for the regulation of surface coal mining and
reclamation operations in accordance with the requirements of this Act;
(2) a State law which provides sanctions for violations of State laws,
regulations, or conditions of permits concerning surface coal mining and reclamation
operations, which sanctions shall meet the minimum requirements of this Act, including
civil and criminal actions, forfeiture of bonds, suspensions, revocations, and withholding
of permits, and the issuance of cease-and-desist orders by the State regulatory authority or
its inspectors;
(3) a State regulatory authority with sufficient administrative and technical
personnel, and sufficient funding to enable the State to regulate surface coal mining and
reclamation operations in accordance with the requirements of this Act;
(4) a State law which provides for the effective implementations, maintenance,
and enforcement of a permit system, meeting the requirements of this title for the
regulations of surface coal mining and reclamation operations for coal on lands within the
State;
(5) establishment of a process for the designation of areas as unsuitable for
surface coal mining in accordance with section 522 provided that the designation of
Federal lands unsuitable for mining shall be performed exclusively by the Secretary after
consultation with the State; and
(6) establishment for the purposes of avoiding duplication, of a process for
coordinating the review and issuance of permits for surface coal mining and reclamation
operations with any other Federal or State permit process applicable to the proposed
operations; and
(7) rules and regulations consistent with regulations issued by the Secretary
pursuant to this Act.
(b) The Secretary shall not approve any State program submitted under this section
until he has -
(1) solicited and publicly disclosed the views of the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture, and the heads of other
Federal agencies concerned with or having special expertise pertinent to the proposed
State program;
(2) obtained the written concurrence of the Administrator of the Environmental
Protection Agency with respect to those aspects of a State program which relate to air or
water quality standards promulgated under the authority of the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1151-1175), and the Clean Air Act, as amended (42
U.S.C. 1857 et seq.);
(3) held at least one public hearing on the State program within the State; and
(4) found that the State has the legal authority and qualified personnel
necessary for the enforcement of the environmental protection standards.
The Secretary shall approve or disapprove a State program, in whole or in part, within six
full calendar months after the date such State program was submitted to him.
(c) If the Secretary disapproves any proposed State program in whole or in part, he
shall notify the State in writing of his decision and set forth in detail the reasons therefor.
The State shall have sixty days in which to resubmit a revised State program or portion
thereof. The Secretary shall approve or disapprove the resubmitted State program or
portion thereof within sixty days from the date of resubmission.
(d) For the purposes of this section and section 504, the inability of a State to take
any action the purpose of which is to prepare, submit or enforce a State program, or any
portion thereof, because the action is enjoined by the issuance of an injunction by any
court of competent jurisdiction shall not result in a loss of eligibility for financial
assistance under titles IV and VII of this Act or in the imposition of a Federal program.
Regulation of the surface coal mining and reclamation operations covered or to be
covered by the State program subject to the injunction shall be conducted by the State
pursuant to section 502 of this Act, until such time as the injunction terminates or for one
year, whichever is shorter, at which time the requirements of sections 503 and 504 shall
again be fully applicable.
FEDERAL PROGRAMS
[30 U.S.C. 1254]
SEC. 504. (a) The Secretary shall prepare and, subject to the provisions
of this section, promulgate and implement a Federal program for a State no later than
thirty-four months after the date of enactment of this Act if such State --
(1) fails to submit a State program covering surface coal mining and
reclamation operations by the end of the eighteen month period beginning on the date of
enactment of this Act;
(2) fails to resubmit an acceptable State program within sixty days of
disapproval of a proposed State program: Provided, That the Secretary shall not
implement a Federal program prior to the expiration of the initial period allowed for
submission of a State program as provided for in clause (1) of this subsection; or
(3) fails to implement, enforce, or maintain its approved State program as
provided for in this Act.
If State compliance with clause (1) of this subsection requires an act of the State
legislature, the Secretary may extend the period of submission of a State program up to an
additional six months. Promulgation and implementation of a Federal program vests the
Secretary with exclusive jurisdiction for the regulation and control of surface coal mining
and reclamation operations taking place on lands within any State not in
compliance with this Act. After promulgation and implementation of a Federal program
the Secretary shall be the regulatory authority. If a Federal program is implemented for a
State, section 522(a), (c), and (d) shall not apply for a period of one year following the
date of such implementation. In promulgating and implementing a Federal program for a
particular State the Secretary shall take into consideration the nature of that State's terrain,
climate, biological, chemical, and other relevant physical conditions.
(b) In the event that a State has a State program for surface coal mining, and is not
enforcing any part of such program, the Secretary may provide for the Federal
enforcement, under the provisions of section 521, of that part of the State program not
being enforced by such State.
(c) Prior to promulgation and implementation of any proposed Federal program, the
Secretary shall give adequate public notice and hold a public hearing in the affected State.
(d) Permits issued pursuant to a previously approved State program shall be valid
but reviewable under a Federal program. Immediately following promulgation of a
Federal program, the Secretary shall undertake to review such permits to determine that
the requirements of this Act are not violated. If the Secretary determines any permit to
have been granted contrary to the requirements of this Act, he shall so advise the
permittee and provide him an opportunity for hearing and a reasonable opportunity for
submission of a new application and reasonable time, within a time limit prescribed in
regulations promulgated pursuant to section 501(b), to conform ongoing surface mining
and reclamation operations to the requirements of the Federal program.
(e) A State which has failed to obtain the approval of a State program prior to
implementation of a Federal program may submit a State program at any time after such
implementation. Upon the submission of such a program, the Secretary shall follow the
procedures set forth in section 503(b) and shall approve or disapprove the State program
within six months after its submittal. Approval of a State program shall be based on the
determination that the State has the capability of carrying out the provisions of this Act
and meeting its purposes through the criteria set forth in section 503(a)(1) through (6).
Until a State program is approved as provided under this section, the Federal program
shall remain in effect and all actions taken by the Secretary pursuant to such Federal
program, including the terms and conditions of any permit issued thereunder shall remain
in effect.
(f) Permits issued pursuant to the Federal program shall be valid under any
superseding State program: Provided, That the Federal permittee shall have the right to
apply for a State permit to supersede his Federal permit. The State regulatory authority
may review such permits to determine that the requirements of this Act and the approved
State program are not violated. Should the State program contain additional requirements
not contained in the Federal program, the permittee will be provided opportunity for
hearing and a reasonable time, within a time limit prescribed
in regulations promulgated pursuant to section 501, to conform ongoing surface mining
and reclamation operations to the additional State requirements.
(g) Whenever a Federal program is promulgated for a State pursuant to this Act, any
statutes or regulations of such State which are in effect to regulate surface mining and
reclamation operations subject to this Act shall, insofar as they interfere with the
achievement of the purposes and the requirements of this Act and the Federal program, be
preempted and superseded by the Federal program. The Secretary shall set forth any
State law or regulation which is preempted and superseded by the Federal program.
(h) Any Federal program shall include a process for coordinating the review and
issuance of permits for surface mining and reclamation operations with any other Federal
or State permit process applicable to the proposed operation.
STATE LAWS
[30 U.S.C. 1255]
SEC. 505. (a) No State law or regulation in effect on the date of
enactment of this Act, or which may become effective thereafter, shall be superseded by
any provision of this Act or any regulation issued pursuant thereto, except insofar as such
State law or regulation is inconsistent with the provisions of this Act.
(b) Any provision of any State law or regulation in effect upon the date of enactment
of this Act, or which may become effective thereafter, which provides for more stringent
land use and environmental controls and regulations of surface coal mining and
reclamation operation than do the provisions of this Act or any regulation issued pursuant
thereto shall not be construed to be inconsistent with this Act. The Secretary shall set
forth any State law or regulation which is construed to be inconsistent with this Act. Any
provision of any State law or regulation in effect on the date of enactment of this Act, or
which may become effective thereafter, which provides for the control and regulation of
surface mining and reclamation operations for which no provision is contained in this Act
shall not be construed to be inconsistent with this Act.
PERMITS
[30 U.S.C. 1256]
SEC. 506. (a) No later than eight months from the date on which a State
program is approved by the Secretary, pursuant to section 503 of this Act, or no later than
eight months from the date on which the Secretary has promulgated a Federal program for
a State not having a State program pursuant to section 504 of this Act, no person shall
engage in or carry out on lands within a State any surface coal
mining operations unless such person has first obtained a permit issued by such State
pursuant to an approved State program or by the Secretary pursuant to a Federal program;
except a person conducting surface coal mining operations under a permit from the State
regulatory authority, issued in accordance with the provisions of section 502 of this Act,
may conduct such operations beyond such period if an application for a permit has been
filed in accordance with the provisions of this Act, but the initial administrative decision
has not been rendered.
(b) All permits issued pursuant to the requirements of this Act shall be issued for a
term not to exceed five years: Provided, That if the applicant demonstrates that a
specified longer term is reasonably needed to allow the applicant to obtain necessary
financing for equipment and the opening of the operation and if the application is full and
complete for such specified longer term, the regulatory authority may grant a permit for
such longer term. A successor in interest to a permittee who applies for a new permit
within thirty days of succeeding to such interest and who is able to obtain the bond
coverage of the original permittee may continue surface coal mining and reclamation
operations according to the approved mining and reclamation plan of the original
permittee until such successor's application is granted or denied.
(c) A permit shall terminate if the permittee has not commenced the surface coal
mining operations covered by such permit within three years of the issuance of the permit:
Provided, That the regulatory authority may grant reasonable extensions of time upon a
showing that such extensions are necessary by reason of litigation precluding such
commencement or threatening substantial economic loss to the permittee, or by reason of
conditions beyond the control and without the fault or negligence of the permittee:
Provided further, That in the case of a coal lease issued under the Federal Mineral
Leasing Act, as amended, extensions of time may not extend beyond the period allowed
for diligent development in accordance with section 7 of that Act: Provided further, That
with respect to coal to be mined for use in a synthetic fuel facility or specific major
electric generating facility, the permittee shall be deemed to have commenced surface
mining operations at such time as the construction of the synthetic fuel or generating
facility is initiated.
(d)(1) Any valid permit issued pursuant to this Act shall carry with it the right of
successive renewal upon expiration with respect to areas within the boundaries of the
existing permit. The holders of the permit may apply for renewal and such renewal shall
be issued (provided that on application for renewal the burden shall be on the opponents
of renewal), subsequent to fulfillment of the public notice requirements of sections 513
and 514 unless it is established that and written findings by the regulatory authority are
made that -
(A) the terms and conditions of the existing permit are not being
satisfactorily met;
(B) the present surface coal mining and reclamation operation is not in
compliance with the environmental protection standards of this Act and the approved
State plan or Federal program pursuant to this Act; or
(C) the renewal requested substantially jeopardizes the operator's
continuing responsibility on existing permit areas;
(D) the operator has not provided evidence that the performance bond in
effect for said operation will continue in full force and effect for any renewal requested in
such application as well as any additional bond the regulatory authority might require
pursuant to section 509; or
(E) any additional revised or updated information required by the
regulatory authority has not been provided. Prior to the approval of any renewal of
permit the regulatory authority shall provide notice to the appropriate public authorities.
(2) If an application for renewal of a valid permit includes a proposal to extend
the mining operation beyond the boundaries authorized in the existing permit, the portion
of the application for renewal of a valid permit which addresses any new land areas shall
be subject to the full standards applicable to new applications under this Act: Provided,
however, That if the surface coal mining operations authorized by a permit issued
pursuant to this Act were not subject to the standards contained in section 510(b)(5)(A)
and (B) by reason of complying with the proviso of section 510(b)(5), then the portion of
the application for renewal of the permit which addresses any new land areas previously
identified in the reclamation plan submitted pursuant to section 508 shall not be subject to
the standards contained in section 510(b)(5)(A) and (B).
(3) Any permit renewal shall be for a term not to exceed the period of the
original permit established by this Act. Application for permit renewal shall be made at
least one hundred and twenty days prior to the expiration of the valid permit.
APPLICATION REQUIREMENTS
[30 U.S.C. 1257]
SEC. 507. (a) Each application for a surface coal mining and
reclamation permit pursuant to an approved State program or a Federal program under the
provisions of this Act shall be accompanied by a fee as determined by the regulatory
authority. Such fee may be less than but shall not exceed the actual or anticipated cost of
reviewing, administering, and enforcing such permit issued pursuant to a State or Federal
program. The regulatory authority may develop procedures so as to enable the cost of the
fee to be paid over the term of the permit.
(b) The permit application shall be submitted in a manner satisfactory to the
regulatory authority and shall contain, among other things --
(1) the names and addresses of (A) the permit applicant; (B) every legal owner
of record of the property (surface and mineral), to be mined; (C) the holders of record of
any leasehold interest in the property; (D) any purchaser of record of the property under a
real estate contract; and (E) the operator if he is a person different from the applicant; and
(F) if any of these are business entities other than a single proprietor, the names and
addresses of the principals, officers, and resident agent; Sec. 507
(2) the names and addresses of the owners of record of all surface and
subsurface areas adjacent to any part of the permit area;
(3) a statement of any current or previous surface coal mining permits in the
United States held by the applicant and the permit identification and each pending
application;
(4) if the applicant is a partnership, corporation, association, or other business
entity, the following where applicable: the names and addresses of every officer, partner,
director, or person performing a function similar to a director, of the applicant, together
with the name and address of any person owning, of record 10 per centum or more of any
class of voting stock of the applicant and a list of all names under which the applicant,
partner, or principal shareholder previously operated a surface mining operation within
the United States within the five-year period preceding the date of submission of the
application;
(5) a statement of whether the applicant, any subsidiary, affiliate, or persons
controlled by or under common control with the applicant, has ever held a Federal or
State mining permit which in the five-year period prior to the date of submission of the
application has been suspended or revoked or has had a mining bond or similar security
deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved;
(6) a copy of the applicant's advertisement to be published in a newspaper of
general circulation in the locality of the proposed site at least once a week for four
successive weeks, and which includes the ownership, a description of the exact location
and boundaries of the proposed site sufficient so that the proposed operation is readily
locatable by local residents, and the location of where the application is available for
public inspection;
(7) a description of the type and method of coal mining operation that exists or
is proposed, the engineering techniques proposed or used, and the equipment used or
proposed to be used;
(8) the anticipated or actual starting and termination dates of each phase of the
mining operation and number of acres of land to be affected;
(9) the applicant shall file with the regulatory authority on an accurate map or
plan, to an appropriate scale, clearly showing the land to be affected as of the date of the
application, the area of land within the permit area upon which the applicant has the legal
right to enter and commence surface mining operations and shall provide to the regulatory
authority a statement of those documents upon which the applicant bases his legal right to
enter and commence surface mining operations on the area affected, and whether that
right is the subject of pending court litigation: Provided, That nothing in this Act shall be
construed as vesting in the regulatory authority the jurisdiction to adjudicate property title
disputes;
(10) the name of the watershed and location of the surface stream or tributary
into which surface and pit drainage will be discharged;
(11) a determination of the probable hydrologic consequences of the mining
and reclamation operations, both on and off the mine site, with respect to the hydrologic
regime, quantity and quality of water in surface and ground water systems
including the dissolved and suspended solids under seasonal flow conditions and the
collection of sufficient data for the mine site and surrounding areas so that an assessment
can be made by the regulatory authority of the probable cumulative impacts of all
anticipated mining in the area upon the hydrology of the area and particularly upon water
availability: Provided, however, That this determination shall not be required until such
time as hydrologic information on the general area prior to mining is made available from
an appropriate Federal or State agency: Provided further, That the permit shall not be
approved until such information is available and is incorporated into the application;
(12) when requested by the regulatory authority, the climatological factors that
are peculiar to the locality of the land to be affected, including the average seasonal
precipitation, the average direction and velocity of prevailing winds, and the seasonal
temperature ranges;
(13) accurate maps to an appropriate scale clearly showing (A) the land to be
affected as of the date of application and (B) all types of information set forth on
topographical maps of the United States Geological Survey of a scale of 1:24,000 or
1:25,000 or larger, including all manmade features and significant known archeological
sites existing on the date of application. Such a map or plan shall among other things
specified by the regulatory authority show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all surface areas abutting the
permit area, and the location of all buildings within one thousand feet of the permit area;
(14) cross-sections, maps or plans of land to be affected, including the actual
area to be mined, prepared by or under the direction of and certified by a qualified
registered professional engineer, or professional geologist, with assistance from experts in
related fields such as land surveying and landscape architecture, showing pertinent
elevation and location of test borings or core samplings and depicting the following
information: the nature and depth of the various strata of overburden; the location of
subsurface water, if encountered, and its quality; the nature and thickness of any coal or
rider seam above the coal seam to be mined; the nature of the stratum immediately
beneath the coal seam to be mined; all mineral crop lines and the strike and dip of the coal
to be mined, within the area of land to be affected; existing or previous surface mining
limits; the location and extent of known workings of any underground mines, including
mine openings to the surface; the location of aquifers; the estimated elevation of the water
table; the location of spoil, waste, or refuse areas and top-soil preservation areas; the
location of all impoundments for waste or erosion control; any settling or water treatment
facility; constructed or natural drainways and the location of any discharges to any surface
body of water on the area of land to be affected or adjacent thereto; and profiles at
appropriate cross sections of the anticipated final surface configuration that will be
achieved pursuant to the operator's proposed reclamation plan; Sec. 507
----------------------------------------------------------------------------------------------------------
Note: Subsection 507(b)(14) as affected by Pub. L. 98-146, November 4, 1983.
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(15) a statement of the result of test borings or core samplings from the permit
area, including logs of the drill holes; the thickness of the coal seam found, an analysis of
the chemical properties of such coal; the sulfur content of any coal seam; chemical
analysis of potentially acid or toxic forming sections of the overburden; and chemical
analysis of the stratum lying immediately underneath the coal to be mined except that the
provisions of this paragraph (15) may be waived by the regulatory authority with respect
to the specific application by a written determination that such requirements are
unnecessary;
(16) for those lands in the permit application which a reconnaissance
inspection suggests may be prime farm lands, a soil survey shall be made or obtained
according to standards established by the Secretary of Agriculture in order to confirm the
exact location of such prime farm lands, if any; and
(17) information pertaining to coal seams, test borings, core samplings, or soil
samples as required by this section shall be made available to any person with an interest
which is or may be adversely affected: Provided, That information which pertains only to
the analysis of the chemical and physical properties of the coal (excepting information
regarding such mineral or elemental content which is potentially toxic in the environment)
shall be kept confidential and not made a matter of public record.
(c)(1) If the regulatory authority finds that the probable total annual production at all
locations of a coal surface mining operator will not exceed 300,000 tons, the cost of the
following activities, which shall be performed by a qualified public or private laboratory
or such other public or private qualified entity designated by the regulatory authority,
shall be assumed by the regulatory authority upon the written request of the operator in
connection with a permit application:
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Note: Subsection 507(c) amended November 5, 1990 and October 24, 1992.
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(A) The determination of probable hydrologic consequences required by
subsection (b)(11), including the engineering analyses and designs necessary for the
determination.
(B) The development of cross-section maps and plans required by subsection
(b)(14).
(C) The geologic drilling and statement of results of test borings and core
samplings required by subsection (b)(15).
(D) The collection of archaeological information required by subsection (b)(13)
and any other archaeological and historical information required by the regulatory
authority, and the preparation of plans necessitated thereby.
(E) Pre-blast surveys required by section 515(b)(15)(E).
(F) The collection of site-specific resource information and production of
protection and enhancement plans for fish and wildlife habitats and other environmental
values required by the regulatory authority under this Act.
(2) The Secretary shall provide or assume the cost of training coal operators
that meet the qualifications stated in paragraph (1) concerning the preparation of permit
applications and compliance with the regulatory program, and shall ensure that qualified
coal operators are aware of the assistance available under this subsection.
(d) Each applicant for a permit shall be required to submit to the regulatory authority
as part of the permit application a reclamation plan which shall meet the requirements of
this Act.
(e) Each applicant for a surface coal mining and reclamation permit shall file a copy
of his application for public inspection with the recorder at the courthouse of the county
or an appropriate public office approved by the regulatory authority where the mining is
proposed to occur, except for that information pertaining to the coal seam itself.
(f) Each applicant for a permit shall be required to submit to the regulatory authority
as part of the permit application a certificate issued by an insurance company authorized
to do business in the United States certifying that the applicant has a public liability
insurance policy in force for the surface mining and reclamation operations for which
such permit is sought, or evidence that the applicant has satisfied other State or Federal
self-insurance requirements. Such policy shall provide for personal injury and property
damage protection in an amount adequate to compensate any persons damaged as a result
of surface coal mining and reclamation operations including use of explosives and entitled
to compensation under the applicable provisions of State law. Such policy shall be
maintained in full force and effect during the terms of the permit or any renewal,
including the length of all reclamation operations.
(g) Each applicant for a surface coal mining and reclamation permit shall submit to
the regulatory authority as part of the permit application a blasting plan which shall
outline the procedures and standards by which the operator will meet the provisions of
section 515(b)(15).
(h) A coal operator that has received assistance pursuant to subsection (c) (1) or (2)
shall reimburse the regulatory authority for the cost of the services rendered if the
program administrator finds that the operator's actual and attributed annual production of
coal for all locations exceeds 300,000 tons during the 12 months immediately following
the date on which the operator is issued the surface coal mining and reclamation permit.
----------------------------------------------------------------------------------------------------------
Note: Subsection 507(h) added October 24, 1992.
----------------------------------------------------------------------------------------------------------
Sec. 508
RECLAMATION PLAN REQUIREMENTS
[30 U.S.C. 1258]
SEC. 508. (a) Each reclamation plan submitted as part of a permit
application pursuant to any approved State program or a Federal program under the
provisions of this Act shall include, in the degree of detail necessary to demonstrate that
reclamation required by the State or Federal program can be accomplished, a statement
of:
(1) the identification of the lands subject to surface coal mining operations
over the estimated life of those operations and the size, sequence, and timing of the
subareas for which it is anticipated that individual permits for mining will be sought;
(2) the condition of the land to be covered by the permit prior to any mining
including:
(A) the uses existing at the time of the application, and if the land has a
history of previous mining, the uses which preceded any mining; and
(B) the capability of the land prior to any mining to support a variety of
uses giving consideration to soil and foundation characteristics, topography, and
vegetative cover, and, if applicable, a soil survey prepared pursuant to section 507(b)(16);
and
(C) the productivity of the land prior to mining, including appropriate
classification as prime farm lands, as well as the average yield of food, fiber, forage, or
wood products from such lands obtained under high levels of management;
(3) the use which is proposed to be made of the land following reclamation,
including a discussion of the utility and capacity of the reclaimed land to support a variety
of alternative uses and the relationship of such use to existing land use policies and plans,
and the comments of any owner of the surface, State and local governments or agencies
thereof which would have to initiate, implement, approve or authorize the proposed use of
the land following reclamation;
(4) a detailed description of how the proposed postmining land use is to be
achieved and the necessary support activities which may be needed to achieve the
proposed land use;
(5) the engineering techniques proposed to be used in mining and reclamation
and a description of the major equipment; a plan for the control of surface water drainage
and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization,
and compacting, grading, and appropriate revegetation; a plan for soil reconstruction,
replacement, and stabilization, pursuant to the performance standards in section
515(b)(7)(A), (B), (C), and (D), for those food, forage, and forest lands identified in
sections 515(b)(7); an estimate of the cost per acre of the reclamation, including a
statement as to how the permittee plans to comply with each of the requirements set out in
section 515;
(6) the consideration which has been given to maximize the utilization and
conservation of the solid fuel resource being recovered so that reaffecting the land in the
future can be minimized;
(7) a detailed estimated timetable for the accomplishment of each major step in
the reclamation plan;
(8) the consideration which has been given to making the surface mining and
reclamation operations consistent with surface owner plans, and applicable State and local
land use plans and programs;
(9) the steps to be taken to comply with applicable air and water quality laws
and regulations and any applicable health and safety standards;
(10) the consideration which has been given to developing the reclamation
plan in a manner consistent with local physical environmental, and climatological
conditions;
(11) all lands, interests in lands, or options on such interests held by the
applicant or pending bids on interests in lands by the applicant, which lands are
contiguous to the area to be covered by the permit;
(12) the results of test boring which the applicant has made at the area to be
covered by the permit, or other equivalent information and data in a form satisfactory to
the regulatory authority, including the location of subsurface water, and an analysis of the
chemical properties including acid forming properties of the mineral and overburden:
Provided, That information which pertains only to the analysis of the chemical and
physical properties of the coal (excepting information regarding such mineral or
elemental contents which is potentially toxic in the environment) shall be kept
confidential and not made a matter of public record;
(13) a detailed description of the measures to be taken during the mining and
reclamation process to assure the protection of:
(A) the quality of surface and ground water systems, both on- and
off-site, from adverse effects of the mining and reclamation process;
(B) the rights of present users to such water; and
(C) the quantity of surface and ground water systems, both on-and
off-site, from adverse effects of the mining and reclamation process or to provide
alternative sources of water where such protection of quantity cannot be assured;
(14) such other requirements as the regulatory authority shall prescribe by
regulations.
(b) Any information required by this section which is not on public file pursuant to
State law shall be held in confidence by the regulatory authority.
PERFORMANCE BONDS
[30 U.S.C. 1259]
SEC. 509. (a) After a surface coal mining and reclamation permit
application has been approved but before such a permit is issued, the applicant shall file
with the regulatory authority, on a form prescribed and furnished by the regulatory
authority, a bond for performance payable, as appropriate, to the United States or to the
State, and conditional upon faithful performance of all the Sec. 509
requirements of this Act and the permit. The bond shall cover that area of land within the
permit area upon which the operator will initiate and conduct surface coal mining and
reclamation operations within the initial term of the permit. As succeeding increments of
surface coal mining and reclamation operations are to be initiated and conducted within
the permit area, the permittee shall file with the regulatory authority an additional bond or
bonds to cover such increments in accordance with this section. The amount of the bond
required for each bonded area shall depend upon the reclamation requirements of the
approved permit; shall reflect the probable difficulty of reclamation giving consideration
to such factors as topography, geology of the site, hydrology, and revegetation potential,
and shall be determined by the regulatory authority. The amount of the bond shall be
sufficient to assure the completion of the reclamation plan if the work had to be
performed by the regulatory authority in the event of forfeiture and in no case shall the
bond for the entire area under one permit be less than $10,000.
(b) Liability under the bond shall be for the duration of the surface coal mining and
reclamation operation and for a period coincident with operator's responsibility for
revegetation requirements in section 515. The bond shall be executed by the operator and
a corporate surety licensed to do business in the State where such operation is located,
except that the operator may elect to deposit cash, negotiable bonds of the United States
Government or such State, or negotiable certificates of deposit of any bank organized or
transacting business in the United States. The cash deposit or market value of such
securities shall be equal to or greater than the amount of the bond required for the bonded
area.
(c) The regulatory authority may accept the bond of the applicant itself without
separate surety when the applicant demonstrates to the satisfaction of the regulatory
authority the existence of a suitable agent to receive service of process and a history of
financial solvency and continuous operation sufficient for authorization to self-insure or
bond such amount or in lieu of the establishment of a bonding program, as set forth in this
section, the Secretary may approve as part of a State or Federal program an alternative
system that will achieve the objectives and purposes of the bonding program pursuant to
this section.
(d) Cash or securities so deposited shall be deposited upon the same terms as the
terms upon which surety bonds may be deposited. Such securities shall be security for the
repayment of such negotiable certificate of deposit.
(e) The amount of the bond or deposit required and the terms of each acceptance of
the applicant's bond shall be adjusted by the regulatory authority from time to time as
affected land acreages are increased or decreased or where the cost of future reclamation
changes.
PERMIT APPROVAL OR DENIAL
[30 U.S.C. 1260]
SEC. 510. (a) Upon the basis of a complete mining application and
reclamation plan or a revision or renewal thereof, as required by this Act and pursuant to
an approved State program or Federal program under the provisions of this Act, including
public notification and an opportunity for a public hearing as required by section 513, the
regulatory authority shall grant, require modification of, or deny the application for a
permit in a reasonable time set by the regulatory authority and notify the applicant in
writing. The applicant for a permit, or revision of a permit, shall have the burden of
establishing that his application is in compliance with all the requirements of the
applicable State or Federal program. Within ten days after the granting of a permit, the
regulatory authority shall notify the local governmental officials in the local political
subdivision in which the area of land to be affected is located that a permit has been
issued and shall describe the location of the land.
(b) No permit or revision application shall be approved unless the application
affirmatively demonstrates and the regulatory authority finds in writing on the basis of the
information set forth in the application or from information otherwise available which will
be documented in the approval, and made available to the applicant, that -
(1) the permit application is accurate and complete and that all the
requirements of this Act and the State or Federal program have been complied with;
(2) the applicant has demonstrated that reclamation as required by this Act and
the State or Federal program can be accomplished under the reclamation plan contained
in the permit application;
(3) the assessment of the probable cumulative impact of all anticipated mining
in the area on the hydrologic balance specified in section 507(b) has been made by the
regulatory authority and the proposed operation thereof has been designed to prevent
material damage to hydrologic balance outside permit area;
(4) the area proposed to be mined is not included within an area designated
unsuitable for surface coal mining pursuant to section 522 of this Act or is not within an
area under study for such designation in an administrative proceeding commenced
pursuant to section 522(a)(4)(D) or section 522(c) (unless in such an area as to which an
administrative proceeding has commenced pursuant to section 522(a)(4)(D) of this Act,
the operator making the permit application demonstrates that, prior to January 1, 1977, he
has made substantial legal and financial commitments in relation to the operation for
which he is applying for a permit);
(5) the proposed surface coal mining operation, if located west of the one
hundredth meridian west longitude, would -
(A) not interrupt, discontinue, or preclude farming on alluvial valley
floors that are irrigated or naturally subirrigated, but, excluding undeveloped range lands
which are not significant to farming on said alluvial valley floors and those lands as to
which the regulatory authority finds that if the farming that will be interrupted,
discontinued, or precluded is of such small acreage as to be of negligible impact on the
farm's agricultural production, or Sec. 510
(B) not materially damage the quantity or quality of water in surface or
underground water systems that supply these valley floors in (A) of subsection (b)(5):
Provided, That this paragraph (5) shall not affect those surface coal mining operations
which in the year preceding the enactment of this Act (I) produced coal in commercial
quantities, and were located within or adjacent to alluvial valley floors or (II) had
obtained specific permit approval by the State regulatory authority to conduct surface coal
mining operations within said alluvial valley floors.
With respect to such surface mining operations which would have been within the
purview of the foregoing proviso but for the fact that no coal was so produced in
commercial quantities and no such specific permit approval was so received, the
Secretary, if he determines that substantial financial and legal commitments were made by
an operator prior to January 1, 1977, in connection with any such operation, is authorized,
in accordance with such regulations as the Secretary may prescribe, to enter into an
agreement with that operator pursuant to which the Secretary may, notwithstanding any
other provision of law, lease other Federal coal deposits to such operator in exchange for
the relinquishment by such operator of his Federal lease covering coal deposits involving
such mining operations, or pursuant to section 206 of Federal Land Policy and
Management Act of 1976, convey to the fee holder of any such coal deposits involving
such mining operations the fee title to other available Federal coal deposits in exchange
for the fee title to such deposits so involving such mining operations. It is the policy of
the Congress that the Secretary shall develop and carry out a coal exchange program to
acquire private fee coal precluded from being mined by the restrictions of this paragraph
(5) in exchange for Federal coal which is not so precluded. Such exchanges shall be
made under section 206 of the Federal Land Policy and Management Act of 1976;
(6) in cases where the private mineral estate has been severed from the private
surface estate, the applicant has submitted to the regulatory authority --
(A) the written consent of the surface owner to the extraction of coal by
surface mining methods; or
(B) a conveyance that expressly grants or reserves the right to extract the
coal by surface mining methods; or
(C) if the conveyance does not expressly grant the right to extract coal by
surface mining methods, the surface-subsurface legal relationship shall be determined in
accordance with State law: Provided, That nothing in this Act shall be construed to
authorize the regulatory authority to adjudicate property rights disputes.
(c) The applicant shall file with his permit application a schedule listing any and all
notices of violations of this Act and any law, rule, or regulation of the United States, or of
any department or agency in the United States pertaining to air or water environmental
protection incurred by the applicant in connection with any surface coal mining operation
during the three-year period prior to the date of application. The schedule shall also
indicate the final resolution of any such notice of violation. Where the schedule or other
information available to the regulatory authority indicates that any surface coal mining
operation owned or controlled by the applicant is currently in
violation of this Act or such other laws referred to this subsection, the permit shall not be
issued until the applicant submits proof that such violation has been corrected or is in the
process of being corrected to the satisfaction of the regulatory authority, department, or
agency which has jurisdiction over such violation and no permit shall be issued to an
applicant after a finding by the regulatory authority, after opportunity for hearing, that the
applicant, or the operator specified in the application, controls or has controlled mining
operations with a demonstrated pattern of willful violations of this Act of such nature and
duration with such resulting irreparable damage to the environment as to indicate an intent
not to comply with the provisions of this Act.
(d)(1) In addition to finding the application in compliance with subsection (b) of this
section, if the area proposed to be mined contains prime farmland pursuant to Section
507(b)(16), the regulatory authority shall, after consultation with the Secretary of
Agriculture, and pursuant to regulations issued hereunder by the Secretary of Interior with
the concurrence of the Secretary of Agriculture, grant a permit to mine on prime farmland
if the regulatory authority finds in writing that the operator has the technological
capability to restore such mined area, within a reasonable time, to equivalent or higher
levels of yield as non-mined prime farmland in the surrounding area under equivalent
levels of management and can meet the soil reconstruction standards in Section 515(b)(7).
Except for compliance with subsection (b), the requirements of this paragraph (1) shall
apply to all permits issued after the date of enactment of this Act.
(2) Nothing in this subsection shall apply to any permit issued prior to the date of
enactment of this Act, or to any revisions or renewals thereof, or to any existing surface
mining operations for which a permit was issued prior to the date of enactment of this
Act.
(e) After the date of enactment of this subsection, the prohibition of subsection (c)
shall not apply to a permit application due to any violation resulting from an unanticipated
event or condition at a surface coal mining operation on lands eligible for remining under
a permit held by the person making such application. As used in this subsection, the term
'violation' has the same meaning as such term has under subsection (c). The authority of
this subsection and section 515(b)(20)(B) shall terminate on September 30, 2004.
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Note: Subsection 510(e) added October 24, 1992.
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REVISION OF PERMITS
[30 U.S.C. 1261]
SEC. 511. (a)(1)During the term of the permit the permittee may submit
an application for a revision of the permit, together with a revised reclamation plan, to the
regulatory authority.
(2) An application for a revision of a permit shall not be approved unless the
regulatory authority finds that reclamation as required by this Act and the State or Federal
program can be accomplished under the revised reclamation plan. The revision shall be
approved or disapproved within a period of time established by the State or Federal
program. The regulatory authority shall establish guidelines for a determination of the
scale or extent of a revision request for which all permit application information
requirements and procedures, including notice and hearings, shall apply: Provided, That
any revisions which propose significant alterations in the reclamation plan shall, at a
minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidental
boundary revisions must be made by application for another permit.
(b) No transfer, assignment, or sale of the rights granted under any permit issued
pursuant to this Act shall be made without the written approval of the regulatory
authority.
(c) The regulatory authority shall within a time limit prescribed in regulations
promulgated by the regulatory authority, review outstanding permits and may require
reasonable revision or modification of the permit provisions during the term of such
permit: Provided, That such revision or modification shall be based upon a written finding
and subject to notice and hearing requirements established by the State or Federal
program.
COAL EXPLORATION PERMITS
[30 U.S.C. 1262]
SEC. 512. (a) Each State or Federal program shall include a
requirement that coal exploration operations which substantially disturb the natural land
surface be conducted in accordance with exploration regulations issued by the regulatory
authority. Such regulations shall include, at a minimum (1) the requirement that prior to
conducting any exploration under this section, any person must file with the regulatory
authority notice of intention to explore and such notice shall include a description of the
exploration area and the period of supposed exploration and (2) provisions for
reclamation in accordance with the performance standards in section 515 of this Act of all
lands disturbed in exploration, including excavations, roads, drill holes, and the removal
of necessary facilities and equipment.
(b) Information submitted to the regulatory authority pursuant to this subsection as
confidential concerning trade secrets or privileged commercial or financial information
which relates to the competitive rights of the person or entity intended to explore the
described area shall not be available for public examination.
(c) Any person who conducts any coal exploration activities which substantially
disturb the natural land surface in violation of this section or regulations issued pursuant
thereto shall be subject to the provisions of section 518.
(d) No operator shall remove more than two hundred and fifty tons of coal pursuant
to an exploration permit without the specific written approval of the regulatory authority.
(e) Coal exploration on Federal lands shall be governed by section 4 of the Federal
Coal Leasing Amendments Act of 1975 (90 Stat. 1085).
PUBLIC NOTICE AND PUBLIC HEARINGS
[30 U.S.C. 1263]
SEC. 513. (a) At the time of submission of an application for a surface
coal mining and reclamation permit, or revision of an existing permit, pursuant to the
provisions of this Act or an approved State program, the applicant shall submit to the
regulatory authority a copy of his advertisement of the ownership, precise location, and
boundaries of the land to be affected. At the time of submission such advertisement shall
be placed by the applicant in a local newspaper of general circulation in the locality of the
proposed surface mine at least once a week for four consecutive weeks. The regulatory
authority shall notify various local governmental bodies, planning agencies, and sewage
and water treatment authorities, of water companies in the locality in which the proposed
surface mining will take place, notifying them of the operator's intention to surface mine a
particularly described tract of land and indicating the application's permit number and
where a copy of the proposed mining and reclamation plan may be inspected. These local
bodies, agencies, authorities, or companies may submit written comments within a
reasonable period established by the regulatory authority on the mining applications with
respect to the effect of the proposed operation on the environment which are within their
area of responsibility. Such comments shall immediately be transmitted to the applicant
by the regulatory authority and shall be made available to the public at the same locations
as are the mining applications.
(b) Any person having an interest which is or may be adversely affected or the
officer or head of any Federal, State, or local governmental agency or authority shall have
the right to file written objections to the proposed initial or revised application for a
permit for surface coal mining and reclamation operation with the regulatory authority
within thirty days after the last publication of the above notice. Such objections shall
immediately be transmitted to the applicant by the regulatory authority and shall be made
available to the public. If written objections are filed and an informal conference
requested, the regulatory authority shall then hold an informal conference in the locality
of the proposed mining, if requested within a reasonable time of the receipt of such
objections or request. The date, time and location of such informal conference shall be
advertised by the regulatory authority in a newspaper of general circulation in the locality
at least two weeks prior to the scheduled conference date. The regulatory authority may
arrange with the applicant upon request by any party to the administrative proceeding
access to the proposed mining area for the
purpose of gathering information relevant to the proceeding. An electronic or
stenographic record shall be made of the conference proceeding, unless waived by all
parties. Such record shall be maintained and shall be accessible to the parties until final
release of the applicant's performance bond. In the event all parties requesting the
informal conference stipulate agreement prior to the requested informal conference and
withdraw their request, such informal conference need not be held.
(c) Where the lands included in an application for a permit are the subject of a
Federal coal lease in connection with which hearings were held and determinations were
made under sections 2(a)(3)(A), (B) and (C) of the Mineral Lands Leasing Act, as
amended (30 U.S.C. 201(a) (3)(A), (B) and (C)), such hearings shall be deemed as to the
matters covered to satisfy the requirements of this section and section 514 and such
determinations shall be deemed to be a part of the record and conclusive for purposes of
sections 510, 514 and this section.
DECISIONS OF REGULATORY AUTHORITY AND APPEALS
[30 U.S.C. 1264]
SEC. 514. (a) If an informal conference has been held pursuant to
section 513(b), the regulatory authority shall issue and furnish the applicant for a permit
and persons who are parties to the administrative proceedings with the written finding of
the regulatory authority, granting or denying the permit in whole or in part and stating the
reasons therefor, within the sixty days of said hearings.
(b) If there has been no informal conference held pursuant to section 513(b), the
regulatory authority shall notify the applicant for a permit within a reasonable time as
determined by the regulatory authority and set forth in regulations, taking into account the
time needed for proper investigation of the site, the complexity of the permit application,
and whether or not written objection to the application has been filed, whether the
application has been approved or disapproved in whole or part.
(c) If the application is approved, the permit shall be issued. If the application is
disapproved, specific reasons therefor must be set forth in the notification. Within thirty
days after the applicant is notified of the final decision of the regulatory authority on the
permit application, the applicant or any person with an interest which is or may be
adversely affected may request a hearing on the reasons for the final determination. The
regulatory authority shall hold a hearing within thirty days of such request and provide
notification to all interested parties at the time that the applicant is so notified. If the
Secretary is the regulatory authority the hearing shall be of record and governed by 5
U.S.C. Section 554. Where the regulatory authority is the State, such hearing shall be of
record, adjudicatory in nature and no person who presided at a conference under section
513(b) shall either preside at the hearing or participate in this decision thereon or in any
administrative appeal therefrom. Within thirty days after the hearing the regulatory
authority shall issue and furnish the applicant, and all persons who participated in the
hearing, with the written decision of
the regulatory authority granting or denying the permit in whole or in part and stating the
reasons therefor.
(d) Where a hearing is requested pursuant to subsection (c), the Secretary, where the
Secretary is the regulatory authority, or the State hearing authority may, under such
conditions as it may prescribe, grant such temporary relief as it deems appropriate
pending final determination of the proceedings if -
(1) all parties to the proceedings have been notified and given an opportunity
to be heard on a request for temporary relief;
(2) the person requesting such relief shows that there is a substantial likelihood
that he will prevail on the merits of the final determination of the proceeding; and
(3) such relief will not adversely affect the public health or safety or cause
significant imminent environmental harm to land, air, or water resources.
(e) For the purpose of such hearing, the regulatory authority may administer oaths,
subpoena witnesses, or written or printed materials, compel attendance of the witness, or
production of the materials, and take evidence including but not limited to site inspections
of the land to be affected and other surface coal mining operations carried on by the
applicant in the general vicinity of the proposed operation. A verbatim record of each
public hearing required by this Act shall be made, and a transcript made available on the
motion of any party or by order of the regulatory authority.
(f) Any applicant or any person with an interest which is or may be adversely
affected who has participated in the administrative proceedings as an objector, and who is
aggrieved by the decision of the regulatory authority, or if the regulatory authority fails to
act within the time limits specified in this Act shall have the right to appeal in accordance
with section 526.
ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
[30 U.S.C. 1265]
SEC. 515. (a) Any permit issued under any approved State or Federal
program pursuant to this Act to conduct surface coal mining operations shall require that
such surface coal mining operations will meet all applicable performance standards of this
Act, and such other requirements as the regulatory authority shall promulgate.
(b) General performance standards shall be applicable to all surface coal mining and
reclamation operations and shall require the operation as a minimum to --
(1) conduct surface coal mining operations so as to maximize the utilization
and conservation of the solid fuel resource being recovered so that reaffecting the land in
the future through surface coal mining can be minimized;
(2) restore the land affected to a condition capable of supporting the uses
which it was capable of supporting prior to any mining, or higher or better uses of
which there is reasonable likelihood, so long as such use or uses do not present any actual
or probable hazard to public health or safety or pose any actual or probable threat of
water diminution or pollution, and the permit applicants' declared proposed land use
following reclamation is not deemed to be impractical or unreasonable, inconsistent with
applicable land use policies and plans, involves unreasonable delay in implementation, or
is violative of Federal, State, or local law;
(3) except as provided in subsection (c) with respect to all surface coal mining
operations backfill, compact (where advisable to insure stability or to prevent leaching of
toxic materials), and grade in order to restore the approximate original contour of the land
with all highwalls, spoil piles, and depressions eliminated (unless small depressions are
needed in order to retain moisture to assist revegetation or as otherwise authorized
pursuant to this Act): Provided, however, That in surface coal mining which is carried out
at the same location over a substantial period of time where the operation transects the
coal deposit, and the thickness of the coal deposits relative to the volume of the
overburden is large and where the operator demonstrates that the overburden and other
spoil and waste materials at a particular point in the permit area or otherwise available
from the entire permit area is insufficient, giving due consideration to volumetric
expansion, to restore the approximate original contour, the operator, at a minimum, shall
backfill, grade, and compact (where advisable) using all available overburden and other
spoil and waste materials to attain the lowest practicable grade but not more than the
angle of repose, to provide adequate drainage and to cover all acid-forming and other
toxic materials, in order to achieve an ecologically sound land use compatible with the
surrounding region: And provided further, That in surface coal mining where the volume
of overburden is large relative to the thickness of the coal deposit and where the operator
demonstrates that due to volumetric expansion the amount of overburden and other spoil
and waste materials removed in the course of the mining operation is more than sufficient
to restore the approximate original contour, the operator shall after restoring the
approximate contour, backfill, grade, and compact (where advisable) the excess
overburden and other spoil and waste materials to attain the lowest grade but not more
than the angle of repose, and to cover all acid-forming, and other toxic materials, in order
to achieve an ecologically sound land use compatible with the surrounding region and that
such overburden or spoil shall be shaped and graded in such a way as to prevent slides,
erosion, and water pollution and is revegetated in accordance with the requirements of
this Act;
(4) stabilize and protect all surface areas including spoil piles affected by the
surface coal mining and reclamation operation to effectively control erosion and attendant
air and water pollution;
(5) remove the topsoil from the land in a separate layer, replace it on the
backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil
and when the topsoil is not replaced on a backfill area within a time short enough to avoid
deterioration of the topsoil, maintain a successful cover by quick growing plant or other
means thereafter so that the topsoil is preserved from wind and water erosion, remains
free of any contamination by other acid or toxic material, and
is in a usable condition for sustaining vegetation when restored during reclamation,
except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or
if other strata can be shown to be more suitable for vegetation requirements, then the
operator shall remove, segregate, and preserve in a like manner such other strata which is
best able to support vegetation;
(6) restore the topsoil or the best available subsoil which is best able to support
vegetation;
(7) for all prime farm lands as identified in section 507(b)(16) to be mined and
reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall
be established by the Secretary of Agriculture, and the operator shall, as a minimum, be
required to --
(A) segregate the A horizon of the natural soil, except where it can be
shown that other available soil materials will create a final soil having a greater
productive capacity; and if not utilized immediately, stockpile this material separately
from other spoil, and provide needed protection from wind and water erosion or
contamination by other acid or toxic material;
(B) segregate the B horizon of the natural soil, or underlying C horizons
or other strata, or a combination of such horizons or other strata that are shown to be both
texturally and chemically suitable for plant growth and that can be shown to be equally or
more favorable for plant growth than the B horizon, in sufficient quantities to create in the
regraded final soil a root zone of comparable depth and quality to that which existed in
the natural soil; and if not utilized immediately, stockpile this material separately from
other spoil, and provide needed protection from wind and water erosion or contamination
by other acid or toxic material;
(C) replace and regrade the root zone material described in (B) above
with proper compaction and uniform depth over the regarded spoil material; and
(D) redistribute and grade in a uniform manner the surface soil horizon
described in subparagraph (A);
(8) create, if authorized in the approved mining and reclamation plan and
permit, permanent impoundments of water on mining sites as part of reclamation activities
only when it is adequately demonstrated that -
(A) the size of the impoundment is adequate for its intended purposes;
(B) the impoundment dam construction will be so designed as to achieve
necessary stability with an adequate margin of safety compatible with that of structures
constructed under Public Law 83-566 (16 U.S.C. 1006);
(C) the quality of impounded water will be suitable on a permanent basis
for its intended use and that discharges from the impoundment will not degrade the water
quality below water quality standards established pursuant to applicable Federal and State
law in the receiving stream;
(D) the level of water will be reasonably stable;
(E) final grading will provide adequate safety and access for proposed
water users; and
(F) such water impoundments will not result in the diminution of the
quality or quantity of water utilized by adjacent or surrounding landowners for
agricultural, industrial recreational, or domestic uses;
(9) conducting any augering operation associated with surface mining in a
manner to maximize recoverability of mineral reserves remaining after the operation and
reclamation are complete; and seal all auger holes with an impervious and
noncombustible material in order to prevent drainage except where the regulatory
authority determines that the resulting impoundment of water in such auger holes may
create a hazard to the environment or the public health or safety: Provided, That the
permitting authority may prohibit augering if necessary to maximize the utilization,
recoverability or conservation of the solid fuel resources or to protect against adverse
water quality impacts;
(10) minimize the disturbances to the prevailing hydrologic balance at the
mine-site and in associated offsite areas and to the quality and quantity of water in surface
and ground water systems both during and after surface coal mining operations and during
reclamation by -
(A) avoiding acid or other toxic mine drainage by such measures as, but
not limited to -
(i) preventing or removing water from contact with toxic producing
deposits;
(ii) treating drainage to reduce toxic content which adversely affects
downstream water upon being released to water courses;
(iii) casing, sealing, or otherwise managing boreholes, shafts, and
wells and keep acid or other toxic drainage from entering ground and surface waters;
(B)(i) conducting surface coal mining operations so as to prevent, to the
extent possible using the best technology currently available, additional contributions of
suspended solids to streamflow, or runoff outside the permit area, but in no event shall
contributions be in excess of requirements set by applicable State or Federal law;
(ii) constructing any siltation structures pursuant to subparagraph
(B)(i) of this subsection prior to commencement of surface coal mining operations, such
structures to be certified by a qualified registered engineer or a qualified registered
professional land surveyor in any State which authorizes land surveyors to prepare and
certify such maps or plans to be constructed as designed and as approved in the
reclamation plan;
(C) cleaning out and removing temporary or large settling ponds or other
siltation structures from drainways after disturbed areas are revegetated and stabilized;
and depositing the silt and debris at a site and in a manner approved by the regulatory
authority;
(D) restoring recharge capacity of the mined area to approximate
premining conditions;
(E) avoiding channel deepening or enlargement in operations requiring
the discharge of water from mines;
(F) preserving throughout the mining and reclamation process the
essential hydrologic functions of alluvial valley floors in the arid and semiarid areas of the
country; and
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Note: Subsection 515(b)(10)(B)(ii) amended October 30, 1986.
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(G) such other actions as the regulatory authority may prescribe;
(11) with respect to surface disposal of mine wastes, tailings, coal processing
wastes, and other wastes in areas other than the mine working or excavations, stabilize all
waste piles in designated areas through construction in compacted layers including the use
of incombustible and impervious materials if necessary and assure the final contour of the
waste pile will be compatible with natural surroundings and that the site can and will be
stabilized and revegetated according to the provisions of this Act;
(12) refrain from surface coal mining within five hundred feet from active and
abandoned underground mines in order to prevent breakthroughs and to protect health or
safety of miners: Provided, That the regulatory authority shall permit an operator to mine
near, through or partially through an abandoned underground mine or closer to an active
underground mine if (A) the nature, timing, and sequencing of the approximate
coincidence of specific surface mine activities with specific underground mine activities
are jointly approved by the regulatory authorities concerned with surface mine regulation
and the health and safety of underground miners, and (B) such operations will result in
improved resource recovery, abatement of water pollution, or elimination of hazards to
the health and safety of the public;
(13) design, locate, construct, operate, maintain, enlarge, modify, and remove
or abandon, in accordance with the standards and criteria developed pursuant to
subsection (f) of this section, all existing and new coal mine waste piles consisting of
mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used
either temporarily or permanently as dams or embankments;
(14) insure that all debris, acid-forming materials, toxic materials, or materials
constituting a fire hazard are treated or buried and compacted or otherwise disposed of in
a manner designed to prevent contamination of ground or surface waters and that
contingency plans are developed to prevent sustained combustion;
(15) insure that explosives are used only in accordance with existing State and
Federal law and the regulations promulgated by the regulatory authority, which shall
include provisions to -
(A) provide adequate advance written notice to local governments and
residents who might be affected by the use of such explosives by publication of the
planned blasting schedule in a newspaper of general circulation in the locality and by
mailing a copy of the proposed blasting schedule to every resident living within one-half
mile of the proposed blasting site and by providing daily notice to resident/occupiers in
such areas prior to any blasting;
(B) maintain for a period of at least three years and make available for
public inspection upon request a log detailing the location of the blasts, the pattern and
depth of the drill holes, the amount of explosives used per hole, and the order and length
of delay in the blasts;
(C) limit the type of explosives and detonating equipment, the size, the
timing and frequency of blasts based upon the physical conditions of the site so as to
prevent (i) injury to persons, (ii) damage to public and private property outside the permit
area, (iii) adverse impacts on any underground mine, and (iv) change in the course,
channel, or availability of ground or surface water outside the permit area;
(D) require that all blasting operations be conducted by trained and
competent persons as certified by the regulatory authority;
(E) provide that upon the request of a resident or owner of a man-made
dwelling or structure within one-half mile of any portion of the permitted area the
applicant or permittee shall conduct a pre-blasting survey of such structures and submit
the survey to the regulatory authority and a copy to the resident or owner making the
request. The area of the survey shall be decided by the regulatory authority and shall
include such provisions as the Secretary shall promulgate.
(16) insure that all reclamation efforts proceed in an environmentally sound
manner and as contemporaneously as practicable with the surface coal mining operations:
Provided, however, That where the applicant proposes to combine surface mining
operations with underground mining operations to assure maximum practical recovery of
the mineral resources, the regulatory authority may grant a variance for specific areas
within the reclamation plan from the requirement that reclamation efforts proceed as
contemporaneously as practicable to permit underground mining operations prior to
reclamation:
(A) if the regulatory authority finds in writing that:
(i) the applicant has presented, as part of the permit application,
specific, feasible plans for the proposed underground mining operations;
(ii) the proposed underground mining operations are necessary or
desirable to assure maximum practical recovery of the mineral resource and will avoid
multiple disturbance of the surface;
(iii) the applicant has satisfactorily demonstrated that the plan for
the underground mining operations conforms to requirements for underground mining in
the jurisdiction and that permits necessary for the underground mining operations have
been issued by the appropriate authority;
(iv) the areas proposed for the variance have been shown by the
applicant to be necessary for the implementing of the proposed underground mining
operations;
(v) no substantial adverse environmental damage, either on-site or
off-site, will result from the delay in completion of reclamation as required by this Act;
(vi) provisions for the off-site storage of spoil will comply with
section 515(b)(22);
(B) if the Secretary has promulgated specific regulations to govern the
granting of such variances in accordance with the provisions of this subsection and
section 501, and has imposed such additional requirements as he deems necessary;
(C) if variances granted under the provisions of this subsection are to be
reviewed by the regulatory authority not more than three years from the date of issuance
of the permit; and
(D) if liability under the bond filed by the applicant with the regulatory
authority pursuant to section 509(b) shall be for the duration of the underground mining
operations and until the requirements of sections 515(b) and 519 have been fully
complied with.
(17) insure that the construction, maintenance, and postmining conditions of
access roads into and across the site of operations will control or prevent erosion and
siltation, pollution of water, damage to fish or wildlife or their habitat, or public or private
property;
(18) refrain from the construction of roads or other access ways up a stream
bed or drainage channel or in such proximity to such channel so as to seriously alter the
normal flow of water;
(19) establish on the regarded areas, and all other lands affected, a diverse,
effective, and permanent vegetative cover of the same seasonal variety native to the area
of land to be affected and capable of self-regeneration and plant succession at least equal
in extent of cover to the natural vegetation of the area; except, that introduced species
may be used in the revegetation process where desirable and necessary to achieve the
approved postmining land use plan;
(20)(A) assume the responsibility for successful revegetation, as required by
paragraph (19) above, for a period of five full years after the last year of augmented
seeding, fertilizing, irrigation, or other work in order to assure compliance with paragraph
(19) above, except in those areas or regions of the country where the annual average
precipitation is twenty-six inches or less, then the operator's assumption of responsibility
and liability will extend for a period of ten full years after the last year of augmented
seeding, fertilizing, irrigation, or other work: Provided, That when the regulatory
authority approves a long-term intensive agricultural postmining land use, the applicable
five-or ten-year period of responsibility for revegetation shall commence at the date of
initial planting for such long-term intensive agricultural postmining land use: Provided
further, That when the regulatory authority issues a written finding approving a long-term,
intensive, agricultural postmining land use as part of the mining and reclamation plan, the
authority may grant exception to the provisions of paragraph (19) above;
(B) on lands eligible for remining assume the responsibility for
successful revegetation for a period of two full years after the last year of augmented
seeding, fertilizing, irrigation, or other work in order to assure compliance with the
applicable standards, except in those areas or regions of the country where the annual
average precipitation is twenty-six inches or less, then the operator's assumption of
responsibility and liability will be extended for a period of five full years after the last
year of augmented seeding, fertilizing, irrigation, or other work in order to assure
compliance with the applicable standards.
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Note: Subsection 515(b)(20)(B) added October 24, 1992.
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(21) protect offsite areas from slides or damage occurring during the surface
coal mining and reclamation operations, and not deposit spoil material or locate any part
of the operations or waste accumulations outside the permit area;
(22) place all excess spoil material resulting from coal surface mining and
reclamation activities in such a manner that -
(A) spoil is transported and placed in a controlled manner in position for
concurrent compaction and in such a way to assure mass stability and to prevent mass
movement;
(B) the areas of disposal are within the bonded permit areas and all
organic matter shall be removed immediately prior to spoil placement;
(C) appropriate surface and internal drainage systems and diversion
ditches are used so as to prevent spoil erosion and movement;
(D) the disposal area does not contain springs, natural water courses or
wet weather seeps unless lateral drains are constructed from the wet areas to the main
underdrains in such a manner that filtration of the water into the spoil pile will be
prevented;
(E) if placed on a slope, the spoil is placed upon the most moderate slope
among those upon which, in the judgment of the regulatory authority, the spoil could be
placed in compliance with all the requirements of this Act, and shall be placed, where
possible, upon, or above, a natural terrace, bench, or berm, if such placement provides
additional stability and prevents mass movement;
(F) where the toe of the spoil rests on a downslope, a rock toe buttress, of
sufficient size to prevent mass movement, is constructed;
(G) the final configuration is compatible with the natural drainage pattern
and surroundings and suitable for intended uses;
(H) design of the spoil disposal area is certified by a qualified registered
professional engineer in conformance with professional standards; and
(I) all other provisions of this Act are met.
(23) meet such other criteria as are necessary to achieve reclamation in
accordance with the purposes of this Act, taking into consideration the physical,
climatological, and other characteristics of the site; and
(24) to the extent possible using the best technology currently available,
minimize disturbances and adverse impacts of the operation on fish, wildlife, and related
environmental values, and achieve enhancement of such resources where practicable;
(25) provide for an undisturbed natural barrier beginning at the elevation of the
lowest coal seam to be mined and extending from the outslope for such distance as
the regulatory authority shall determine shall be retained in place as a barrier to slides and
erosion.
(c)(1) Each State program may and each Federal program shall include procedures
pursuant to which the regulatory authority may permit surface mining operations for the
purposes set forth in paragraph (3) of this subsection.
(2) Where an applicant meets the requirements of paragraphs (3) and (4) of
this subsection a permit without regard to the requirement to restore to approximate
original contour set forth in subsection 515(b)(3) or 515(d)(2) and (3) of this section may
be granted for the surface mining of coal where the mining operation will remove an
entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill
(except as provided in subsection (c)(4)(A) hereof) by removing all of the overburden and
creating a level plateau or a gently rolling contour with no highwalls remaining, and
capable of supporting postmining uses in accord with the requirements of this subsection.
(3) In cases where an industrial, commercial, agricultural, residential or public
facility (including recreational facilities) use is proposed or the postmining use of the
affected land, the regulatory authority may grant a permit for a surface mining operation
of the nature described in subsection (c)(2) where -
(A) after consultation with the appropriate land use planning agencies, if
any, the proposed postmining land use is deemed to constitute an equal or better
economic or public use of the affected land, as compared with premining use;
(B) the applicant presents specific plans for the proposed postmining land
use and appropriate assurances that such use will be -
(i) compatible with adjacent land uses;
(ii) obtainable according to data regarding expected need and
market;
(iii) assured of investment in necessary public facilities;
(iv) supported by commitments from public agencies where
appropriate;
(v) practicable with respect to private financial capability for
completion of the proposed use;
(vi) planned pursuant to a schedule attached to the reclamation plan
so as to integrate the mining operation and reclamation with the postmining land use; and
(vii) designed by a registered engineer in conformance with
professional standards established to assure the stability, drainage, and configuration
necessary for the intended use of the site;
(C) the proposed use would be consistent with adjacent land uses, and
existing State and local land use plans and programs;
(D) the regulatory authority provides the governing body of the unit of
general-purpose government in which the land is located and any State or Federal agency
which the regulatory agency, in its discretion, determines to have an interest in
the proposed use, an opportunity of not more than sixty days to review and comment on
the proposed use;
(E) all other requirements of this Act will be met.
(4) In granting any permit pursuant to this subsection the regulatory authority
shall require that -
(A) the toe of the lowest coal seam and the overburden associated with it
are retained in place as a barrier to slides and erosion;
(B) the reclaimed area is stable;
(C) the resulting plateau or rolling contour drains inward from the
outslopes except at specified points;
(D) no damage will be done to natural watercourses;
(E) spoil will be placed on the mountaintop bench as is necessary to
achieve the planned postmining land use: Provided, That all excess spoil material not
retained on the mountaintop shall be placed in accordance with the provisions of
subsection (b)(22) of this section;
(F) insure stability of the spoil retained on the mountaintop and meet the
other requirements of this Act;
(5) The regulatory authority shall promulgate specific regulations to govern the
granting of permits in accord with the provisions of this subsection, and may impose such
additional requirements as he deems to be necessary.
(6) All permits granted under the provisions of this subsection shall be
reviewed not more than three years from the date of issuance of the permit, unless the
applicant affirmatively demonstrates that the proposed development is proceeding in
accordance with the terms of the approved schedule and reclamation plan.
(d) The following performance standards shall be applicable to steep-slope surface
coal mining and shall be in addition to those general performance standards required by
this section: Provided, however, That the provisions of this subsection (d) shall not apply
to those situations in which an operator is mining on flat or gently rolling terrain, on
which an occasional steep slope is encountered through which the mining operation is to
proceed, leaving a plain or predominantly flat area or where an operator is in compliance
with provisions of subsection (c) hereof:
(1) Insure that when performing surface coal mining on steep slopes, no debris,
abandoned or disabled equipment, spoil material, or waste mineral matter be placed on
the downslope below the bench or mining cut: Provided, That spoil material in excess of
that required for the reconstruction of the approximate original contour under the
provisions of paragraph 515(b)(3) or 515(d)(2) shall be permanently stored pursuant to
section 515(b)(22).
(2) Complete backfilling with spoil material shall be required to cover
completely the highwall and return the site to the appropriate original contour, which
material will maintain stability following mining and reclamation.
(3) The operator may not disturb land above the top of the highwall unless the
regulatory authority finds that such disturbance will facilitate compliance with the
environmental protection standards of this section: Provided, however, That the land
disturbed above the highwall shall be limited to that amount necessary to facilitate said
compliance.
(4) For the purposes of this subsection (d), the term "steep slope" is any slope
above twenty degrees or such lesser slope as may be defined by the regulatory authority
after consideration of soil, climate, and other characteristics of a region or State.
(e) (1) Each State program may and each Federal program shall include procedures
pursuant to which the regulatory authority may permit variances for the purposes set forth
in paragraph (3) of this subsection, provided that the watershed control of the area is
improved; and further provided complete backfilling with spoil material shall be required
to cover completely the highwall which material will maintain stability following mining
and reclamation.
(2) Where an applicant meets the requirements of paragraphs (3) and (4) of
this subsection a variance from the requirement to restore to approximate original contour
set forth in subsection 515(d)(2) of this section may be granted for the surface mining of
coal where the owner of the surface knowingly requests in writing, as a part of the permit
application that such a variance be granted so as to render the land, after reclamation,
suitable for an industrial, commercial, residential, or public use (including recreational
facilities) in accord with the further provisions of (3) and (4) of this subsection.
(3) (A) After consultation with the appropriate land use planning agencies, if
any, the potential use of the affected land is deemed to constitute an equal or better
economic or public use;
(B) is designed and certified by a qualified registered professional
engineer in conformance with professional standards established to assure the stability,
drainage, and configuration necessary for the intended use of the site; and
(C) after approval of the appropriate state environmental agencies, the
watershed of the affected land is deemed to be improved.
(4) In granting a variance pursuant to this subsection the regulatory authority
shall require that only such amount of spoil will be placed off the mine bench as is
necessary to achieve the planned postmining land use, insure stability of the spoil retained
on the bench, meet all other requirements of this Act, and all spoil placement off the mine
bench must comply with subsection 515(b)(22).
(5) The regulatory authority shall promulgate specific regulations to govern the
granting of variances in accord with the provisions of this subsection, and may impose
such additional requirements as he deems to be necessary.
(6) All exceptions granted under the provisions of this subsection shall be
reviewed not more than three years from the date of issuance of the permit, unless the
permittee affirmatively demonstrates that the proposed development is proceeding in
accordance with the terms of the reclamation plan.
(f) The Secretary, with the written concurrence of the Chief of Engineers, shall
establish within one hundred and thirty-five days from the date of enactment, standards
and criteria regulating the design, location, construction, operation,
maintenance, enlargement, modification, removal, and abandonment of new and existing
coal mine waste piles referred to in section 515(b)(13) and section 516(b)(5). Such
standards and criteria shall conform to the standards and criteria used by the Chief of
Engineers to insure that flood control structures are safe and effectively perform their
intended function. In addition to engineering and other technical specifications the
standards and criteria developed pursuant to this subsection must include provisions for:
review and approval of plans and specifications prior to construction, enlargement,
modification, removal, or abandonment; performance of periodic inspections during
construction; issuance of certificates of approval upon completion of construction;
performance of periodic safety inspections; and issuance of notices for required remedial
or maintenance work.
SURFACE EFFECTS OF UNDERGROUND COAL MINING OPERATIONS
[30 U.S.C. 1266]
SEC. 516. (a) The Secretary shall promulgate rules and regulations
directed toward the surface effects of underground coal mining operations, embodying the
following requirements and in accordance with the procedures established under section
501 of this Act: Provided, however, That in adopting any rules and regulations the
Secretary shall consider the distinct difference between surface coal mining and
underground coal mining. Such rules and regulations shall not conflict with nor
supersede any provision of the Federal Coal Mine Health and Safety Act of 1969 nor any
regulation issued pursuant thereto, and shall not be promulgated until the Secretary has
obtained the written concurrence of the head of the department which administers such
Act.
(b) Each permit issued under any approved State or Federal program pursuant to this
Act and relating to underground coal mining shall require the operator to -
(1) adopt measures consistent with known technology in order to prevent
subsidence causing material damage to the extent technologically and economically
feasible, maximize mine stability, and maintain the value and reasonably foreseeable use
of such surface lands, except in those instances where the mining technology used
requires planned subsidence in a predictable and controlled manner: Provided, That
nothing in this subsection shall be construed to prohibit the standard method of room and
pillar mining;
(2) seal all portals, entryways, drifts, shafts, or other openings between the
surface and underground mine working when no longer needed for the conduct of the
mining operations;
(3) fill or seal exploratory holes no longer necessary for mining, maximizing to
the extent technologically and economically feasible return of mine and processing waste,
tailings, and any other waste incident to the mining operation, to the mine workings or
excavations;
(4) with respect to surface disposal of mine wastes, tailings, coal processing
wastes, and other wastes in areas other than the mine workings or excavations, stabilize
all waste piles created by the permittee from current operations through construction in
compacted layers including the use of incombustible and impervious materials if
necessary and assure that the leachate will not degrade below water quality standards
established pursuant to applicable Federal and State law surface or ground waters and that
the final contour of the waste accumulation will be compatible with natural surroundings
and that the site is stabilized and revegetated according to the provisions of this section;
(5) design, locate, construct, operate, maintain, enlarge, modify, and remove,
or abandon, in accordance with the standards and criteria developed pursuant to section
515(f), all existing and new coal mine waste piles consisting of mine wastes, tailings, coal
processing wastes, or other liquid and solid wastes and used either temporarily or
permanently as dams or embankments;
(6) establish on regarded areas and all other lands affected, a diverse and
permanent vegetative cover capable of self-regeneration and plant succession and at least
equal in extent of cover to the natural vegetation of the area;
(7) protect offsite areas from damages which may result from such mining
operations;
(8) eliminate fire hazards and otherwise eliminate conditions which constitute
a hazard to health and safety of the public;
(9) minimize the disturbances of the prevailing hydrologic balance at the
minesite and in associated offsite areas and to the quantity of water in surface ground
water systems both during and after coal mining operations and during reclamation by-
(A) avoiding acid or other toxic mine drainage by such measures as, but
not limited to -
(i) preventing or removing water from contact with toxic producing
deposits;
(ii) treating drainage to reduce toxic content which adversely affects
downstream water upon being released to water courses;
(iii) casing, sealing, or otherwise managing boreholes, shafts, and
wells to keep acid or other toxic drainage from entering ground and surface waters; and
(B) conducting surface coal mining operations so as to prevent, to the
extent possible using the best technology currently available, additional contributions of
suspended solids to streamflow or runoff outside the permit area (but in no event shall
such contributions be in excess of requirements set by applicable State or Federal law),
and avoiding channel deepening or enlargement in operations requiring the discharge of
water from mines;
(10) with respect to other surface impacts not specified in this subsection
including the construction of new roads or the improvement or use of existing roads to
gain access to the site of such activities and for haulage, repair areas, storage areas,
processing areas, shipping areas, and other areas upon which are sited structures,
facilities, or other property or materials on the surface, resulting from or incident to such
activities, operate in accordance with the standards established under section 515 of this
title for such effects which result from surface coal mining operations: Provided, That the
Secretary shall make such modifications in the requirements imposed by this
subparagraph as are necessary to accommodate the distinct difference between surface
and underground coal mining;
(11) to the extent possible using the best technology currently available,
minimize disturbances and adverse impacts of the operation on fish, wildlife, and related
environmental values, and achieve enhancement of such resources where practicable;
(12) locate openings for all new drift mines working acid-producing or
iron-producing coal seams in such a manner as to prevent a gravity discharge of water
from the mine.
(c) In order to protect the stability of the land, the regulatory authority shall suspend
underground coal mining under urbanized areas, cities, towns, and communities and
adjacent to industrial or commercial buildings, major impoundments, or permanent
streams if he finds imminent danger to inhabitants of the urbanized areas, cities, towns,
and communities.
(d) The provisions of title V of this Act relating to State and Federal programs,
permits, bonds, inspections and enforcement, public review, and administrative and
judicial review shall be applicable to surface operations and surface impacts incident to
an underground coal mine with such modifications to the permit application requirements,
permit approval or denial procedures, and bond requirements as are necessary to
accommodate the distinct difference between surface and underground coal mining. The
Secretary shall promulgate such modifications in accordance with the rulemaking
procedure established in section 501 of this Act.
INSPECTIONS AND MONITORING
[30 U.S.C. 1267]
SEC. 517. (a) The Secretary shall cause to be made such inspections of
any surface coal mining and reclamation operations as are necessary to evaluate the
administration of approved State programs, or to develop or enforce any Federal program,
and for such purposes authorized representatives of the Secretary shall have a right of
entry to, upon, or through any surface coal mining and reclamation operations.
(b) For the purpose of developing or assisting in the development, administration,
and enforcement of any approved State or Federal program under this Act or in the
administration and enforcement of any permit under this Act, or of determining whether
any person is in violation of any requirement of any such State or Federal program or any
other requirement of this Act --
(1) the regulatory authority shall require any permittee to (A) establish and
maintain appropriate records, (B) make monthly reports to the regulatory authority, (C)
install, use, and maintain any necessary monitoring equipment or methods, (D) evaluate
results in accordance with such methods, at such locations, intervals, and in such manner
as a regulatory authority shall prescribe, and (E) provide such other information relative
to surface coal mining and reclamation operations as the regulatory authority deems
reasonable and necessary;
(2) for those surface coal mining and reclamation operations which remove or
disturb strata that serve as aquifers which significantly insure the hydrologic balance of
water use either on or off the mining site, the regulatory authority shall specify those --
(A) monitoring sites to record the quantity and quality of surface
drainage above and below the minesite as well as in the potential zone of influence;
(B) monitoring sites to record level, amount, and samples of ground
water and aquifers potentially affected by the mining and also directly below the
lowermost (deepest) coal seam to be mined;
(C) records of well logs and borehole data to be maintained; and
(D) monitoring sites to record precipitation.
The monitoring data collection and analysis required by this section shall be conducted
according to standards and procedures set forth by the regulatory authority in order to
assure their reliability and validity; and
(3) the authorized representatives of the regulatory authority, without advance
notice and upon presentation of appropriate credentials (A) shall have the right of entry
to, upon, or through any surface coal mining and reclamation operations or any premises
in which any records required to be maintained under paragraph (1) of this subsection are
located; and (B) may at reasonable times, and without delay, have access to and copy any
records, inspect any monitoring equipment or method of operation required under this
Act.
(c) The inspections by the regulatory authority shall (1) occur on an irregular basis
averaging not less than one partial inspection per month and one complete inspection per
calendar quarter for the surface coal mining and reclamation operation covered by each
permit; (2) occur without prior notice to the permittee or his agents or employees except
for necessary onsite meetings with the permittee; and (3) include the filing of inspection
reports adequate to enforce the requirements of and to carry out the terms and purposes of
this Act.
(d) Each permittee shall conspicuously maintain at the entrances to the surface coal
mining and reclamation operations a clearly visible sign which sets forth the name,
business address, and phone number of the permittee and the permit number of the
surface coal mining and reclamation operations.
(e) Each inspector, upon detection of each violation of any requirement of any State
or Federal program or of this Act, shall forthwith inform the operator in writing, and shall
report in writing any such violation to the regulatory authority.
(f) Copies of any records, reports, inspection materials, or information obtained
under this title by the regulatory authority shall be made immediately available to the
public at central and sufficient locations in the county, multicounty, and State area of
mining so that they are conveniently available to residents in the areas of mining.
(g) No employee of the State regulatory authority performing any function or duty
under this Act shall have a direct or indirect financial interest in any underground or
surface coal mining operation. Whoever knowingly violates the provisions of this
subsection shall, upon conviction, be punished by a fine of not more than $2,500, or by
imprisonment of not more than one year, or by both. The Secretary shall (1) within sixty
days after enactment of this Act, publish in the Federal Register, in accordance with
section 553 of title 5, United States Code, regulations to establish methods by which the
provisions of this subsection will be monitored and enforced by the Secretary and such
State regulatory authority, including appropriate provisions for the filing by such
employees and the review of statements and supplements thereto concerning any financial
interest which may be affected by this subsection, and (2) report to the Congress as part of
the Annual Report (section 706) on actions taken and not taken during the preceding year
under this subsection.
(h)(1) Any person who is or may be adversely affected by a surface mining
operation may notify the Secretary or any representative of the Secretary responsible for
conducting the inspection, in writing, of any violation of this Act which he has reason to
believe exists at the surface mining site. The Secretary shall, by regulation, establish
procedures for informal review of any refusal by a representative of the Secretary to issue
a citation with respect to any such alleged violation. The Secretary shall furnish such
persons requesting the review a written statement of the reasons for the Secretary's final
disposition of the case.
(2) The Secretary shall also, by regulation, establish procedures to insure that
adequate and complete inspections are made. Any such person may notify the Secretary
of any failure to make such inspections, after which the Secretary shall determine whether
adequate and complete inspections have been made. The Secretary shall furnish such
persons a written statement of the reasons for the Secretary's determination that adequate
and complete inspections have or have not been conducted.
PENALTIES
[30 U.S.C. 1268]
SEC. 518. (a) In the enforcement of a Federal program or Federal lands
program, or during Federal enforcement pursuant to section 502 or during Federal
enforcement of a State program pursuant to section 521 of this Act, any permittee who
violates any permit condition or who violates any other provision of this title, may be
assessed a civil penalty by the Secretary, except that if such violation leads to the issuance
of a cessation order under section 521, the civil penalty
shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of
continuing violation may be deemed a separate violation for purposes of penalty
assessments. In determining the amount of the penalty, consideration shall be given to the
permittee's history of previous violations at the particular surface coal mining operation;
the seriousness of the violation, including any irreparable harm to the environment and
any hazard to the health or safety of the public; whether the permittee was negligent; and
the demonstrated good faith of the permittee charged in attempting to achieve rapid
compliance after notification of the violation.
(b) A civil penalty shall be assessed by the Secretary only after the person charged
with a violation described under subsection (a) of this section has been given an
opportunity for a public hearing. Where such a public hearing has been held, the
Secretary shall make findings of fact, and he shall issue a written decision as to the
occurrence of the violation and the amount of the penalty which is warranted,
incorporating, when appropriate, an order therein requiring that the penalty be paid.
When appropriate, the Secretary shall consolidate such hearings with other proceedings
under section 521 of this Act. Any hearing under this section shall be of record and shall
be subject to section 554 of title 5 of the United States Code. Where the person charged
with such a violation fails to avail himself of the opportunity for a public hearing, a civil
penalty shall be assessed by the Secretary after the Secretary has determined that a
violation did occur, and the amount of the penalty which is warranted, and has issued an
order requiring that the penalty be paid.
(c) Upon the issuance of a notice or order charging that a violation of the Act has
occurred, the Secretary shall inform the operator within thirty days of the proposed
amount of said penalty. The person charged with the penalty shall then have thirty days
to pay the proposed penalty in full or, if the person wishes to contest either the amount of
the penalty or the fact of the violation, forward the proposed amount to the Secretary for
placement in an escrow account. If through administrative or judicial review of the
proposed penalty, it is determined that no violation occurred, or that the amount of the
penalty should be reduced, the Secretary shall within thirty days remit the appropriate
amount to the person, with interest at the rate of 6 percent, or at the prevailing
Department of the Treasury rate, whichever is greater. Failure to forward the money to
the Secretary within thirty days shall result in a waiver of all legal rights to contest the
violation or the amount of the penalty.
(d) Civil penalties owed under this Act, may be recovered in a civil action brought
by the Attorney General at the request of the Secretary in any appropriate district court of
the United States.
(e) Any person who willfully and knowingly violates a condition of a permit issued
pursuant to a Federal program, a Federal lands program or Federal enforcement pursuant
to section 502 or during Federal enforcement of a State program pursuant to section 521
of this Act or fails or refuses to comply with any order issued under section 521 or section
526 of this Act, or any order incorporated in a final decision issued by the Secretary under
this Act, except an order incorporated in a decision issued under subsection (b) of this
section or section 704 of this Act, shall,
upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for
not more than one year or both.
(f) Whenever a corporate permittee violates a condition of a permit issued pursuant
to a Federal program, a Federal lands program or Federal enforcement pursuant to section
502 or Federal enforcement of a State program pursuant to section 521 of this Act or fails
or refuses to comply with any order issued under section 521 of this Act, or any order
incorporated in a final decision issued by the Secretary under this Act except an order
incorporated in a decision issued under subsection (b) of this section or section 703 of
this Act, any director, officer, or agent of such corporation who willfully and knowingly
authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the
same civil penalties, fines, and imprisonment that may be imposed upon a person under
subsections (a) and (e) of this section.
(g) Whoever knowingly makes any false statement, representation, or certification,
or knowingly fails to make any statement, representation, or certification in any
application, record, report, plant, or other document filed or required to be maintained
pursuant to a Federal program or a Federal lands program or any order of decision issued
by the Secretary under this Act, shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than one year or both.
(h) Any operator who fails to correct a violation for which a citation has been issued
under section 521(a) within the period permitted for its correction (which period shall not
end until the entry of a final order by the Secretary, in the case of any review proceedings
under section 525 initiated by the operator wherein the Secretary orders, after an
expedited hearing, the suspension of the abatement requirements of the citation after
determining that the operator will suffer irreparable loss or damage from the application
of those requirements, or until the entry of an order of the court, in the case of any review
proceedings under section 526 initiated by the operator wherein the court orders the
suspension of the abatement requirements of the citation), shall be assessed a civil penalty
of not less than $750 for each day during which such failure or violation continues.
(i) As a condition of approval of any State program submitted pursuant to section
503 of this Act, the civil and criminal penalty provisions thereof shall, at a minimum,
incorporate penalties no less stringent than those set forth in this section, and shall contain
the same or similar procedural requirements relating thereto. Nothing herein shall be
construed so as to eliminate any additional enforcement right or procedures which are
available under State law to a State regulatory authority but which are not specifically
enumerated herein.
---------------------------------------------------------------------------------------------------------
Note: Pub. L. 100-202 relates to Section 518.
---------------------------------------------------------------------------------------------------------
RELEASE OF PERFORMANCE BONDS OR DEPOSITS
[30 U.S.C. 1269]
SEC. 519. (a) The permittee may file a request with the regulatory
authority for the release of all or part of a performance bond or deposit. Within thirty
days after any application for bond or deposit release has been filed with the regulatory
authority, the operator shall submit a copy of an advertisement placed at least once a week
for four successive weeks in a newspaper of general circulation in the locality of the
surface coal mining operation. Such advertisement shall be considered part of any bond
release application and shall contain a notification of the precise location of the land
affected, the number of acres, the permit and the date approved, the amount of the bond
filed and the portion sought to be released, and the type and appropriate dates of
reclamation work performed, and a description of the results achieved as they relate to the
operator's approved reclamation plan. In addition, as part of any bond release
application, the applicant shall submit copies of letters which he has sent to adjoining
property owners, local governmental bodies, planning agencies, and sewage and water
treatment authorities, or water companies in the locality in which the surface coal mining
and reclamation activities took place, notifying them of his intention to seek release from
the bond.
(b) Upon receipt of the notification and request, the regulatory authority shall within
thirty days conduct an inspection and evaluation of the reclamation work involved. Such
evaluation shall consider, among other things, the degree of difficulty to complete any
remaining reclamation, whether pollution of surface and subsurface water is occurring,
the probability of continuance of future occurrence of such pollution, and the estimated
cost of abating such pollution. The regulatory authority shall notify the permittee in
writing of its decision to release or not to release all or part of the performance bond or
deposit within sixty days from the filing of the request, if no public hearing is held
pursuant to section 519(f), and if there has been a public hearing held pursuant to section
519(f), within thirty days thereafter.
(c) The regulatory authority may release in whole or in part said bond or deposit if
the authority is satisfied the reclamation covered by the bond or deposit or portion thereof
has been accomplished as required by this Act according to the following schedule:
(1) When the operator completes the backfilling, regrading, and drainage
control of a bonded area in accordance with his approved reclamation plan, the release of
60 per centum of the bond or collateral for the applicable permit area.
(2) After revegetation has been established on the regraded mined lands in
accordance with the approved reclamation plan. When determining the amount of bond
to be released after successful revegetation has been established, the regulatory authority
shall retain that amount of bond for the revegetated area which would be sufficient for a
third party to cover the cost of reestablishing revegetation and for the period specified for
operator responsibility in section 515 of reestablishing revegetation. No part of the bond
or deposit shall be released under this paragraph so
long as the lands to which the release would be applicable are contributing suspended
solids to streamflow or runoff outside the permit area in excess of the requirements set by
section 515(b)(10) or until soil productivity for prime farm lands has returned to
equivalent levels of yield as nonmined land of the same soil type in the surrounding area
under equivalent management practices as determined from the soil survey performed
pursuant to section 507(b)(16). Where a silt dam is to be retained as a permanent
impoundment pursuant to section 515(b)(8), the portion of bond may be released under
this paragraph so long as provisions for sound future maintenance by the operator or the
landowner have been made with the regulatory authority.
(3) When the operator has completed successfully all surface coal mining and
reclamation activities, the release of the remaining portion of the bond, but not before the
expiration of the period specified for operator responsibility in section 515: Provided,
however, That no bond shall be fully released until all reclamation requirements of this
Act are fully met.
(d) If the regulatory authority disapproves the application for release of the bond or
portion thereof, the authority shall notify the permittee, in writing, stating the reasons for
disapproval and recommending corrective actions necessary to secure said release and
allowing opportunity for a public hearing.
(e) When any application for total or partial bond release is filed with the regulatory
authority, the regulatory authority shall notify the municipality in which a surface coal
mining operation is located by certified mail at least thirty days prior to the release of all
or a portion of the bond.
(f) Any person with a valid legal interest which might be adversely affected by
release of the bond or the responsible officer or head of any Federal, State, or local
governmental agency which has jurisdiction by law or special expertise with respect to
any environmental, social, or economic impact involved in the operation, or is authorized
to develop and enforce environmental standards with respect to such operations shall have
the right to file written objections to the proposed release from bond to the regulatory
authority within thirty days after the last publication of the above notice. If written
objections are filed, and a hearing requested, the regulatory authority shall inform all the
interested parties, of the time and place of the hearing, and hold a public hearing in the
locality of the surface coal mining operation proposed for bond release within thirty days
of the request for such hearing. The date, time, and location of such public hearings shall
be advertised by the regulatory authority in a newspaper of general circulation in the
locality for two consecutive weeks, and shall hold a public hearing in the locality of the
surface coal mining operation proposed for bond release or at the State capital at the
option of the objector, within thirty days of the request for such hearing.
(g) Without prejudice to the rights of the objectors, the applicant, or the
responsibilities of the regulatory authority pursuant to this section, the regulatory
authority may establish an informal conference as provided in section 513 to resolve such
written objections.
(h) For the purpose of such hearing the regulatory authority shall have the authority
and is hereby empowered to administer oaths, subpena witnesses, or written
or printed materials, compel the attendance of witnesses, or production of the materials,
and take evidence including but not limited to inspections of the land affected and other
surface coal mining operations carried on by the applicant in the general vicinity. A
verbatim record of each public hearing required by this Act shall be made, and a
transcript made available on the motion of any party or by order of the regulatory
authority.
CITIZEN SUITS
[30 U.S.C. 1270]
SEC. 520. (a) Except as provided in subsection (b) of this section, any
person having an interest which is or may be adversely affected may commence a civil
action on his own behalf to compel compliance with this Act--
(1) against the United States or any other governmental instrumentality or
agency to the extent permitted by the eleventh amendment to the Constitution which is
alleged to be in violation of the provisions of this Act or of any rule, regulation, order or
permit issued pursuant thereto, or against any other person who is alleged to be in
violation of any rule, regulation, order or permit issued pursuant to this title; or
(2) against the Secretary or the appropriate State regulatory authority to the
extent permitted by the eleventh amendment to the Constitution where there is alleged a
failure of the Secretary or the appropriate State regulatory authority to perform any act or
duty under this Act which is not discretionary with the Secretary or with the appropriate
State regulatory authority.
The district courts shall have jurisdiction, without regard to the amount in controversy or
the citizenship of the parties.
(b) No action may be commenced -
(1) under subsection (a)(1)of this section -
(A) prior to sixty days after the plaintiff has given notice in writing of the
violation (i) to the Secretary, (ii) to the State in which the violation occurs, and (iii) to any
alleged violator; or
(B) if the Secretary or the State has commenced and is diligently
prosecuting a civil action in a court of the United States or a State to require compliance
with the provisions of this Act, or any rule, regulation, order, or permit issued pursuant to
this Act, but in any such action in a court of the United States any person may intervene
as a matter of right; or
(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff
has given notice in writing of such action to the Secretary, in such manner as the
Secretary shall by regulation prescribe, or to the appropriate State regulatory authority,
except that such action may be brought immediately after such notification in the case
where the violation or order complained of constitutes an imminent threat to the health or
safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
(c) (1) Any action respecting a violation of this Act or the regulations thereunder
may be brought only in the judicial district in which the surface coal mining operation
complained of is located.
(2) In such action under this section, the Secretary, or the State regulatory
authority, if not a party, may intervene as a matter of right.
(d) The court, in issuing any final order in any action brought pursuant to subsection
(a) of this section, may award costs of litigation (including attorney and expert witness
fees) to any party, whenever the court determines such award is appropriate. The court
may, if a temporary restraining order or preliminary injunction is sought require the filing
of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
(e) Nothing in this section shall restrict any right which any person (or class of
persons) may have under any statute or common law to seek enforcement of any of the
provisions of this Act and the regulations thereunder, or to seek any other relief (including
relief against the Secretary or the appropriate State regulatory authority).
(f) Any person who is injured in his person or property through the violation by any
operator of any rule, regulation, order, or permit issued pursuant to this Act may bring an
action for damages (including reasonable attorney and expert witness fees) only in the
judicial district in which the surface coal mining operation complained of is located.
Nothing in this subsection shall affect the rights established by or limits imposed under
State Workmen's Compensation laws.
ENFORCEMENT
[30 U.S.C. 1271]
SEC. 521. (a)(1) Whenever, on the basis of any information available to
him, including receipt of information from any person, the Secretary has reason to believe
that any person is in violation of any requirement of this Act or any permit condition
required by this Act, the Secretary shall notify the State regulatory authority, if one exists,
in the State in which such violation exists. If no such State authority exists or the State
regulatory authority fails within ten days after notification to take appropriate action to
cause said violation to be corrected or to show good cause for such failure and transmit
notification of its action to the Secretary, the Secretary shall immediately order Federal
inspection of the surface coal mining operation at which the alleged violation is occurring
unless the information available to the Secretary is a result of a previous Federal
inspection of such surface coal mining operation. The ten-day notification period shall be
waived when the person informing the Secretary provides adequate proof that an
imminent danger of significant environmental harm exists and that the State has failed to
take appropriate action. When the Federal inspection results from information provided
to the Secretary by any person, the Secretary shall notify such person when the Federal
inspection is proposed to be carried out and such person shall be allowed to accompany
the inspector during the inspection.
(2) When, on the basis of any Federal inspection, the Secretary or his
authorized representative determines that any condition or practices exist, or that any
permittee is in violation of any requirement of this Act or any permit condition required
by this Act, which condition, practice, or violation also creates an imminent danger to the
health or safety of the public, or is causing, or can reasonably be expected to cause
significant, imminent environmental harm to land, air, or water resources, the Secretary or
his authorized representative shall immediately order a cessation of surface coal mining
and reclamation operations or the portion thereof relevant to the condition, practice, or
violation. Such cessation order shall remain in effect until the Secretary or his authorized
representative determines that the condition, practice, or violation has been abated, or
until modified, vacated, or terminated by the Secretary or his authorized representative
pursuant to subparagraph (a)(5) of this section. Where the Secretary finds that the
ordered cessation of surface coal mining and reclamation operations, or any portion
thereof, will not completely abate the imminent danger to health or safety of the public or
the significant imminent environmental harm to land, air, or water resources, the
Secretary shall, in addition to the cessation order, impose affirmative obligations on the
operator requiring him to take whatever steps the Secretary deems necessary to abate the
imminent danger or the significant environmental harm.
(3) When, on the basis of a Federal inspection which is carried out during the
enforcement of a Federal program or a Federal lands program, Federal inspection
pursuant to section 502, or section 504(b) or during Federal enforcement of a State
program in accordance with subsection (b) of this section, the Secretary or his authorized
representative determines that any permittee is in violation of any requirement of this Act
or any permit condition required by this Act; but such violation does not create an
imminent danger to the health or safety of the public, or cannot be reasonably expected to
cause significant, imminent environmental harm to land, air, or water resources, the
Secretary or authorized representative shall issue a notice to the permittee or his agent
fixing a reasonable time but not more than ninety days for the abatement of the violation
and providing opportunity for public hearing. If, upon expiration of the period of time as
originally fixed or subsequently extended, for good cause shown and upon the written
finding of the Secretary or his authorized representative, the Secretary or his authorized
representative finds that the violation has not been abated, he shall immediately order a
cessation of surface coal mining and reclamation operations or the portion thereof
relevant to the violation. Such cessation order shall remain in effect until the Secretary or
his authorized representative determines that the violation has been abated, or until
modified, vacated, or terminated by the Secretary or his authorized representative
pursuant to subparagraph (a)(5) of this section. In the order of cessation issued by the
Secretary under this subsection, the Secretary shall determine the steps necessary to abate
the violation in
the most expeditious manner possible, and shall include the necessary measures in the
order.
(4) When, on the basis of a Federal inspection which is carried out during the
enforcement of a Federal program or a Federal lands program, Federal inspection
pursuant to section 502 or section 504 or during Federal enforcement of a State program
in accordance with subsection (b) of this section, the Secretary or his authorized
representative determines that a pattern of violations of any requirements of this Act or
any permit conditions required by this Act exists or has existed, and if the Secretary or his
authorized representative also find that such violations are caused by the unwarranted
failure of the permittee to comply with any requirements of this Act or any permit
conditions, or that such violations are willfully caused by the permittee, the Secretary or
his authorized representative shall forthwith issue an order to the permittee to show cause
as to why the permit should not be suspended or revoked and shall provide opportunity
for a public hearing. If a hearing is requested the Secretary shall inform all interested
parties of the time and place of the hearing. Upon the permittee's failure to show cause as
to why the permit should not be suspended or revoked, the Secretary or his authorized
representative shall forthwith suspend or revoke the permit.
(5) Notices and orders issued pursuant to this section shall set forth with
reasonable specificity the nature of the violation and the remedial action required, the
period of time established for abatement, and a reasonable description of the portion of
the surface coal mining and reclamation operation to which the notice or order applies.
Each notice or order issued under this section shall be given promptly to the permittee or
his agent by the Secretary or his authorized representative who issues such notice or
order, and all such notices and orders shall be in writing and shall be signed by such
authorized representatives. Any notice or order issued pursuant to this section may be
modified, vacated, or terminated by the Secretary or his authorized representative. A
copy of any such order or notice shall be sent to the State regulatory authority in the State
in which the violation occurs: Provided, That any notice or order issued pursuant to this
section which requires cessation of mining by the operator shall expire within thirty days
of actual notice to the operator unless a public hearing is held at the site or within such
reasonable proximity to the site that any viewings of the site can be conducted during the
course of public hearing.
(b) Whenever on the basis of information available to him, the Secretary has reason
to believe that violations of all or any part of an approved State program result from a
failure of the State to enforce such State program or any part thereof effectively, he shall
after public notice and notice to the State, hold a hearing thereon in the State within thirty
days of such notice. If as a result of said hearing the Secretary finds that there are
violations and such violations result from a failure of the State to enforce all or any part of
the State program effectively, and if he further finds that the State has not adequately
demonstrated its capability and intent to enforce such State program, he shall give public
notice of such finding. During the period beginning with such public notice and ending
when such State satisfies the Secretary that it will enforce this Act, the Secretary shall
enforce, in the manner provided by
this Act, any permit condition required under this Act, shall issue new or revised permits
in accordance with requirements of this Act, and may issue such notices and orders as are
necessary for compliance therewith: Provided, That in the case of a State permittee who
has met his obligations under such permit and who did not willfully secure the issuance of
such permit through fraud or collusion, the Secretary shall give the permittee a reasonable
time to conform ongoing surface mining and reclamation to the requirements of this Act
before suspending or revoking the State permit.
(c) The Secretary may request the Attorney General to institute a civil action for
relief, including a permanent or temporary injunction, restraining order, or any other
appropriate order in the district court of the United States for the district in which the
surface coal mining and reclamation operation is located or in which the permittee thereof
has his principal office, whenever such permittee or his agent (A) violates or fails or
refuses to comply with any order or decision issued by the Secretary under this Act, or
(B) interferes with, hinders, or delays the Secretary or his authorized representatives in
carrying out the provisions of this Act, or (C) refuses to admit such authorized
representative to the mine, or (D) refuses to permit inspection of the mine by such
authorized representative, or (E) refuses to furnish any information or report requested by
the Secretary in furtherance of the provisions of this Act, or (F) refuses to permit access
to, and copying of, such records as the Secretary determines necessary in carrying out the
provisions of this Act. Such court shall have jurisdiction to provide such relief as may be
appropriate. Temporary restraining orders shall be issued in accordance with rule 65 of
the Federal Rules of Civil Procedure, as amended. Any relief granted by the court to
enforce an order under clause (A) of this section shall continue in effect until the
completion or final termination of all proceedings for review of such order under this title,
unless, prior thereto, the district court granting such relief sets it aside or modifies it.
(d) As a condition of approval of any State program submitted pursuant to section
503 of this Act, the enforcement provisions thereof shall, at a minimum, incorporate
sanctions no less stringent than those set forth in this section, and shall contain the same
or similar procedural requirements relating thereto. Nothing herein shall be construed so
as to eliminate any additional enforcement rights or procedures which are available under
State law to a State regulatory authority but which are not specifically enumerated herein.
DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING
[30 U.S.C. 1272]
SEC. 522. (a)(1) To be eligible to assume primary regulatory authority
pursuant to section 503, each State shall establish a planning process enabling objective
decisions based upon competent and scientifically sound data and information as to
which, if any, land areas of a State are unsuitable for all or certain
types of surface coal mining operations pursuant to the standards set forth in paragraphs
(2) and (3) of this subsection but such designation shall not prevent the mineral
exploration pursuant to the Act of any area so designated.
(2) Upon petition pursuant to subsection (c) of this section, the State regulatory
authority shall designate an area as unsuitable for all or certain types of surface coal
mining operations if the State regulatory authority determines that reclamation pursuant to
the requirements of this Act is not technologically and economically feasible.
(3) Upon petition pursuant to subsection (c) of this section, a surface area may
be designated unsuitable for certain types of surface coal mining operations if such
operations will -
(A) be incompatible with existing State or local land use plans or
programs; or
(B) affect fragile or historic lands in which such operations could result
in significant damage to important historic, cultural, scientific, and esthetic values and
natural systems; or
(C) affect renewable resource lands in which such operations could result
in a substantial loss or reduction of long-range productivity of water supply or of food or
fiber products, and such lands to include aquifers and aquifer recharge areas; or
(D) affect natural hazard lands in which such operations could
substantially endanger life and property, such lands to include areas subject to frequent
flooding and areas of unstable geology.
(4) To comply with this section, a State must demonstrate it has developed or
is developing a process which includes -
(A) a State agency responsible for surface coal mining lands review;
(B) a data base and an inventory system which will permit proper
evaluation of the capacity of different land areas of the State to support and permit
reclamation of surface coal mining operations;
(C) a method or methods for implementing land use planning decisions
concerning surface coal mining operations; and
(D) proper notice, opportunities for public participation, including a
public hearing prior to making any designation or redesignation, pursuant to this section.
(5) Determinations of the unsuitability of land for surface coal mining, as
provided for in this section, shall be integrated as closely as possible with present and
future land use planning and regulation processes at the Federal, State, and local levels.
(6) The requirements of this section shall not apply to lands on which surface
coal mining operations are being conducted on the date of enactment of this Act or under
a permit issued pursuant to this Act, or where substantial legal and financial commitments
in such operation were in existence prior to January 4, 1977.
(b) The Secretary shall conduct a review of the Federal lands to determine, pursuant
to the standards set forth in paragraphs (2) and (3) of subsection (a) of this
section, whether there are areas on Federal lands which are unsuitable for all or certain
types of surface coal mining operations: Provided, however, That the Secretary may
permit surface coal mining on Federal lands prior to the completion of this review. When
the Secretary determines an area on Federal lands to be unsuitable for all or certain types
of surface coal mining operations, he shall withdraw such area or condition any mineral
leasing or mineral entries in a manner so as to limit surface coal mining operations on
such area. Where a Federal program has been implemented in a State pursuant to section
504, the Secretary shall implement a process for designation of areas unsuitable for
surface coal mining for non-Federal lands within such State and such process shall
incorporate the standards and procedures of this section. Prior to designating Federal
lands unsuitable for such mining, the Secretary shall consult with the appropriate State
and local agencies.
(c) Any person having an interest which is or may be adversely affected shall have
the right to petition the regulatory authority to have an area designated as unsuitable for
surface coal mining operations, or to have such a designation terminated. Such a petition
shall contain allegations of facts with supporting evidence which would tend to establish
the allegations. Within ten months after receipt of the petition the regulatory authority
shall hold a public hearing in the locality of the affected area, after appropriate notice and
publication of the date, time, and location of such hearing. After a person having an
interest which is or may be adversely affected has filed a petition and before the hearing,
as required by this subsection, any person may intervene by filing allegations of facts with
supporting evidence which would tend to establish the allegations. Within sixty days after
such hearing, the regulatory authority shall issue and furnish to the petitioner and any
other party to the hearing, a written decision regarding the petition, and the reasons
therefore. In the event that all the petitioners stipulate agreement prior to the requested
hearing, and withdraw their request, such hearing need not be held.
(d) Prior to designating any land areas as unsuitable for surface coal mining
operations, the regulatory authority shall prepare a detailed statement on (i) the potential
coal resources of the area, (ii) the demand for coal resources, and (iii) the impact of such
designation on the environment, the economy, and the supply of coal.
(e) After the enactment of this Act and subject to valid existing rights no surface
coal mining operations except those which exist on the date of enactment of this Act shall
be permitted -
(1) on any lands within the boundaries of units of the National Park System,
the National Wildlife Refuge Systems, the National System of Trails, the National
Wilderness Preservation System, the Wild and Scenic Rivers System, including study
rivers designated under section 5(a) of the Wild and Scenic Rivers Act and National
Recreation Areas designated by Act of Congress;
(2) on any Federal lands within the boundaries of any national forest:
Provided, however, That surface coal mining operations may be permitted on such lands
if the Secretary finds that there are no significant recreational, timber,
economic, or other values which may be incompatible with such surface mining
operations and -
(A) surface operations and impacts are incident to an underground coal
mine; or
(B) where the Secretary of Agriculture determines, with respect to lands
which do not have significant forest cover within those national forests west of the 100th
meridian, that surface mining is in compliance with the Multiple-Use Sustained-Yield Act
of 1960, the Federal Coal Leasing Amendments Act of 1975, the National Forest
Management Act of 1976, and the provisions of this Act: And provided further, That no
surface coal mining operations may be permitted within the boundaries of the Custer
National Forest;
(3) which will adversely affect any publicly owned park or places included in
the National Register of Historic Sites unless approved jointly by the regulatory authority
and the Federal, State, or local agency with jurisdiction over the park or the historic site;
(4) within one hundred feet of the outside right-of-way line of any public road,
except where mine access roads or haulage roads join such right-of-way line and except
that the regulatory authority may permit such roads to be relocated or the area affected to
lie within one hundred feet of such road, if after public notice and opportunity for public
hearing in the locality a written finding is made that the interests of the public and the
landowners affected thereby will be protected; or
(5) within three hundred feet from any occupied dwelling, unless waived by the
owner thereof, nor within three hundred feet of any public building, school, church,
community, or institutional building, public park, or within one hundred feet of a
cemetery.
FEDERAL LANDS
[30 U.S.C. 1273]
SEC. 523. (a) No later than one year after the date of enactment of this
Act, 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 710
the provisions of this Act shall not be applicable to Indian lands. The Federal lands
program shall, at a minimum, incorporate all of the requirements of this Act 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 2(a), (2)(B) and 2(a)(3) of the Federal Mineral Leasing Act, as
amended, and shall continue to be responsible for
designation of Federal lands as unsuitable for mining in accordance with section 522(b) of
this title.
(b) The requirements of this Act and the Federal lands program or an approved State
program for State regulation of surface coal mining on Federal lands under subsection (c),
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 Act and the regulations issued pursuant to this Act.
(c) 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 Act.
States with cooperative agreements existing on the date of enactment of this Act, 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 502 of this Act. 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 522 of this Act, or to regulate other activities taking place on
Federal lands.
(d) 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.
PUBLIC AGENCIES, PUBLIC UTILITIES, AND PUBLIC CORPORATIONS
[30 U.S.C. 1274]
SEC. 524. Any agency, unit, or instrumentality of Federal, State, or
local government, including any publicly owned utility or publicly owned corporation of
Federal, State, or local government, which proposes to engage in surface coal mining
operations which are subject to the requirements of this Act shall comply with the
provisions of title V.
REVIEW BY SECRETARY
[30 U.S.C. 1275]
SEC. 525. (a)(1) A permittee issued a notice or order by the Secretary
pursuant to the provisions of subparagraphs (a)(2) and (3) of section 521 of this title, or
pursuant to a Federal program or the Federal lands program or any person having an
interest which is or may be adversely affected by such notice or order or by any
modification, vacation, or termination of such notice or order, may apply to the Secretary
for review of the notice or order within thirty days of receipt thereof or within thirty days
of its modification, vacation, or termination. Upon receipt of such application, the
Secretary shall cause such investigation to be made as he deems appropriate. Such
investigation shall provide an opportunity for a public hearing, at the request of the
applicant or the person having an interest which is or may be adversely affected, to enable
the applicant or such person to present information relating to the issuance and
continuance of such notice or order or the modification, vacation, or termination thereof.
The filing of an application for review under this subsection shall not operate as a stay of
any order or notice.
(2) The permittee and other interested persons shall be given written notice of
the time and place of the hearing at least five days prior thereto. Any such hearing shall be
of record and shall be subject to section 554 of title 5 of the United States Code.
(b) Upon receiving the report of such investigation, the Secretary shall make
findings of fact, and shall issue a written decision, incorporating therein an order vacating,
affirming, modifying, or terminating the notice or order, or the modification, vacation, or
termination of such notice or order complained of and incorporate his findings therein.
Where the application for review concerns an order for cessation of surface coal mining
and reclamation operations issued pursuant to the provisions of subparagraph (a)(2) or
(a)(3) of section 521 of this title, the Secretary shall issue the written decision within
thirty days of the receipt of the application for review, unless temporary relief has been
granted by the Secretary pursuant to subparagraph (c) of this section or by the court
pursuant to subparagraph (c) of section 526 of this title.
(c) Pending completion of the investigation and hearing required by this section, the
applicant may file with the Secretary a written request that the Secretary grant temporary
relief from any notice or order issued under section 521 of this title, a Federal program or
the Federal lands program together with a detailed statement giving reasons for granting
such relief. The Secretary shall issue an order or decision granting or denying such relief
expeditiously: Provided, That where the applicant requests relief from an order for
cessation of coal mining and reclamation operations issued pursuant to subparagraph
(a)(2) or (a)(3) of section 521 of this title, the order or decision on such a request shall be
issued within five days of its receipt. The Secretary may grant such relief, under such
conditions as he may prescribe, if--
(1) a hearing has been held in the locality of the permit area on the request for
temporary relief in which all parties were given an opportunity to be heard;
(2) the applicant shows that there is substantial likelihood that the findings of
the Secretary will be favorable to him; and
(3) such relief will not adversely affect the health or safety of the public or
cause significant, imminent environmental harm to land, air, or water resources.
(d) Following the issuance of an order to show cause as to why a permit should not
be suspended or revoked pursuant to section 521, the Secretary shall hold a public hearing
after giving written notice of the time, place, and date thereof. Any such hearing shall be
of record and shall be subject to section 554 of title 5 of the United States Code. Within
sixty days following the public hearing, the Secretary shall issue and furnish to the
permittee and all other parties to the hearing a written decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the Secretary revokes the permit,
the permittee shall immediately cease surface coal mining operations on the permit area
and shall complete reclamation within a period specified by the Secretary, or the
Secretary shall declare as forfeited the performance bonds for the operation.
(e) Whenever an order is issued under this section, or as a result of any
administrative proceeding under this Act, at the request of any person, a sum equal to the
aggregate amount of all costs and expenses (including attorney fees) as determined by the
Secretary to have been reasonably incurred by such person for or in connection with his
participation in such proceedings, including any judicial review of agency actions, may be
assessed against either party as the court, resulting from judicial review or the Secretary,
resulting from administrative proceedings, deems proper.
JUDICIAL REVIEW
[30 U.S.C. 1276]
SEC. 526. (a)(1) Any action of the Secretary to approve or disapprove a
State program or to prepare or promulgate a Federal program pursuant to this Act shall be
subject to judicial review by the United States District Court for the District which
includes the capital of the State whose program is at issue. Any action by the Secretary
promulgating national rules or regulations including standards pursuant to sections 501,
515, 516, and 523 shall be subject to judicial review in the United States District Court
for the District of Columbia Circuit. Any other action constituting rulemaking by the
Secretary shall be subject to judicial review only by the United States District Court for
the District in which the surface coal mining operation is located. Any action subject to
judicial review under this subsection shall be affirmed unless the court concludes that
such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for
review of any action subject to judicial review under this subsection shall be filed in the
appropriate Court within sixty days from the date of such action, or after such date if the
petition is based solely on
grounds arising after the sixtieth day. Any such petition may be made by any person who
participated in the administrative proceedings and who is aggrieved by the action of the
Secretary.
(2) Any order or decision issued by the Secretary in a civil penalty proceeding
or any other proceeding required to be conducted pursuant to 5 U.S.C. subsection 554
shall be subject to judicial review on or before 30 days from the date of such order or
decision in accordance with subsection (b) of this section in the United States District
Court for the district in which the surface coal mining operation is located. In the case of
a proceeding to review an order or decision issued by the Secretary under the penalty
section of this Act, the court shall have jurisdiction to enter an order requiring payment of
any civil penalty assessment enforced by its judgment. This availability of review
established in this subsection shall not be construed to limit the operations of rights
established in Section 520.
(b) The courts shall hear such petition or complaint solely on the record made before
the Secretary. Except as provided in subsection (a), the findings of the Secretary if
supported by substantial evidence on the record considered as a whole, shall be
conclusive. The court may affirm, vacate, or modify any order or decision or may remand
the proceedings to the Secretary for such further action as it may direct.
(c) In the case of a proceeding to review any order or decision issued by the
Secretary under this Act, including an order or decision issued pursuant to subparagraph
(c) or (d) of section 525 of this title pertaining to any order issued under subparagraph
(a)(2), (a)(3), or (a)(4) of section 521 of this title for cessation of coal mining and
reclamation operations, the court may, under such conditions as it may prescribe, grant
such temporary relief as it deems appropriate pending final determination of the
proceedings if --
(1) all parties to the proceedings have been notified and given an opportunity
to be heard on a request for temporary relief;
(2) the person requesting such relief shows that there is a substantial likelihood
that he will prevail on the merits of the final determination of the proceeding; and
(3) such relief will not adversely affect the public health or safety or cause
significant imminent environmental harm to land, air, or water resources.
(d) The commencement of a proceeding under this section shall not, unless
specifically ordered by the court, operate as a stay of the action, order, or decision of the
Secretary.
(e) Action of the State regulatory authority pursuant to an approved State program
shall be subject to judicial review by a court of competent jurisdiction in accordance with
State law, but the availability of such review shall not be construed to limit the operation
of the rights established in section 520 except as provided therein.
SPECIAL BITUMINOUS COAL MINES
[30 U.S.C. 1277]
SEC. 527. (a) The regulatory authority is authorized to issue separate
regulations for those special bituminous coal surface mines located west of the 100th
meridian west longitude which meet the following criteria:
(1) the excavation of the specific mine pit takes place on the same relatively
limited site for an extended period of time;
(2) the excavation of the specific mine pit follows a coal seam having an
inclination of fifteen degrees or more from the horizontal, and continues in the same area
proceeding downward with lateral expansion of the pit necessary to maintain stability or
as necessary to accommodate the orderly expansion of the total mining operation;
(3) the excavation of the specific mine pit involves the mining of more than
one coal seam and mining has been initiated on the deepest coal seam contemplated to be
mined in the current operation;
(4) the amount of material removed is large in proportion to the surface area
disturbed;
(5) there is no practicable alternative method of mining the coal involved;
(6) there is no practicable method to reclaim the land in the manner required
by this Act; and
(7) the specific mine pit has been actually producing coal since January 1,
1972, in such manner as to meet the criteria set forth in this section, and, because of past
duration of mining, is substantially committed to a mode of operation which warrants
exceptions to some provisions of this title.
(b) Such separate regulations shall also contain a distinct part to cover and pertain to
new bituminous coal surface mines which may be developed after the date of enactment
of this Act on lands immediately adjacent to lands upon which are located special
bituminous mines existing on January 1, 1972. Such new mines shall meet the criteria of
section 527(a) except for subparagraphs (3) and (7), and all requirements of State law,
notwithstanding in whole or part the regulations issued pursuant to subsection (c) of this
section. In the event of an amendment or revision to the State's regulatory program,
regulations, or decisions made thereunder governing such mines, the Secretary shall issue
such additional regulations as necessary to meet the purposes of this Act.
(c) Such alternative regulations may pertain only to the standards governing onsite
handling of spoils, elimination of depressions capable of collecting water, creation of
impoundments, and regrading to the approximate original contour and shall specify that
remaining highwalls are stable. All other performance standards in this title shall apply to
such mines.
SURFACE MINING OPERATIONS NOT SUBJECT TO THIS ACT
[30 U.S.C. 1278]
SEC. 528. The provisions of this Act 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.
----------------------------------------------------------------------------------------------------------
Note: Section 528(2) amended May 7, 1987.
----------------------------------------------------------------------------------------------------------
ANTHRACITE COAL MINES
[30 U.S.C. 1279]
SEC. 529. (a) The Secretary is authorized to and shall issue separate
regulations according to time schedules established in the Act for anthracite coal surface
mines, if such mines are regulated by environmental protection standards of the State in
which they are located. Such alternative regulations shall adopt, in each instance, the
environmental protection provisions of the State regulatory program in existence at the
date of enactment of this Act in lieu of sections 515 and 516. Provisions of sections 509
and 519 are applicable except for specified bond limits and period of revegetation
responsibility. All other provisions of this Act apply and the regulation issued by the
Secretary of Interior for each State anthracite regulatory program shall so reflect:
Provided, however, That upon amendment of a State's regulatory program for anthracite
mining or regulations thereunder in force in lieu of the above-cited sections of this Act,
the Secretary shall issue such additional regulations as necessary to meet the purposes of
this Act.
(b) The Secretary of Interior shall report to Congress biennially, commencing on
December 31, 1977, as to the effectiveness of such State anthracite regulatory programs
operating in conjunction with this Act with respect to protecting the environment and such
reports shall include those recommendations the Secretary deems necessary for program
changes in order to better meet the environmental protection objectives of this Act.
TITLE VI -- DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL
MINING
DESIGNATION PROCEDURES
[30 U.S.C. 1281]
SEC. 601. (a) With respect to Federal lands within any State, the
Secretary of Interior may, and if so requested by the Governor of such State shall, review
any area within such lands to assess whether it may be unsuitable for mining operations
for minerals or materials other than coal, pursuant to the criteria and procedures of this
section.
(b) An area of Federal land may be designated under this section as unsuitable for
mining operations if (1) such area consists of Federal land of a predominantly urban or
suburban character, used primarily for residential or related purposes, the mineral estate
of which remains in the public domain, or (2) such area consists of Federal land where
mining operations would have an adverse impact on lands used primarily for residential
or related purposes.
(c) Any person having an interest which is or may be adversely affected shall have
the right to petition the Secretary to seek exclusion of an area from mining operations
pursuant to this section or the redesignation of an area or part thereof as suitable for such
operations. Such petition shall contain allegations of fact with supporting evidence which
would tend to substantiate the allegations. The petitioner shall be granted a hearing
within a reasonable time and finding with reasons therefor upon the matter of their
petition. In any instance where a Governor requests the Secretary to review an area, or
where the Secretary finds the national interest so requires, the Secretary may temporarily
withdraw the area to be reviewed from mineral entry or leasing pending such review:
Provided, however, That such temporary withdrawal be ended as promptly as practicable
and in no event shall exceed two years.
(d) In no event is a land area to be designated unsuitable for mining operations
under this section on which mining operations are being conducted prior to the holding of
a hearing on such petition in accordance with subsection (c) hereof. Valid existing rights
shall be preserved and not affected by such designation. Designation of an area as
unsuitable for mining operations under this section shall not prevent subsequent mineral
exploration of such area, except that such exploration shall require the prior written
consent of the holder of the surface estate, which consent shall be filed with the Secretary.
The Secretary may promulgate, with respect to any designated area, regulations to
minimize any adverse effects of such exploration.
(e) Prior to any designation pursuant to this section, the Secretary shall prepare a
detailed statement on (i) the potential mineral resources of the area, (ii) the demand for
such mineral resources, and (iii) the impact of such designation or the absence of
such designation on the environment, economy, and the supply of such mineral resources.
(f) When the Secretary designates an area of Federal lands as unsuitable for all or
certain types of mining operations for minerals and materials other than coal pursuant to
this section he may withdraw such area from mineral entry or leasing, or condition such
entry or leasing so as to limit such mining operations in accordance with his
determination, if the Secretary also determines, based on his analysis pursuant to
subsection 601(e), that the benefits resulting from such designation would be greater than
the benefits to the regional or national economy which could result from mineral
development of such area.
(g) Any party with a valid legal interest who has appeared in the proceedings in
connection with the Secretary's determination pursuant to this section and who is
aggrieved by the Secretary's decision (or by his failure to act within a reasonable time)
shall have the right of appeal for review by the United States district court for the district
in which the pertinent area is located.
TITLE VII -- ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
DEFINITIONS
[30 U.S.C. 1291]
SEC. 701. For the purposes of this Act -
(1) "alluvial valley floors" means the unconsolidated stream laid deposits holding
streams where water availability is sufficient for subirrigation or flood irrigation
agricultural activities but does not include upland areas which are generally overlain by a
thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits
by unconcentrated runoff or slope wash, together with talus, other mass movement
accumulation and windblown deposits;
(2) "approximate original contour" means that surface configuration achieved by
backfilling and grading of the mined area so that the reclaimed area, including any
terracing or access roads, closely resembles the general surface configuration of the land
prior to mining and blends into and complements the drainage pattern of the surrounding
terrain, with all highwalls and spoil piles eliminated; water impoundments may be
permitted where the regulatory authority determines that they are in compliance with
section 515(b)(8) of this Act;
(3) "commerce" means trade, traffic, commerce, transportation, transmission, or
communication among the several States, or between a State and any other place outside
thereof, or between points in the same State which directly or indirectly affect interstate
commerce;
(4) "Federal lands" means any land, including mineral interests, owned by the
United States without regard to how the United States acquired ownership of the land and
without regard to the agency having responsibility for management thereof, except Indian
lands: Provided, That for the purposes of this Act lands or mineral interests east of the
one hundredth meridian west longitude owned by the United States and entrusted to or
managed by the Tennessee Valley Authority shall not be subject to sections 714 (Surface
Owner Protection) and 715 (Federal Lessee Protection) of this Act.
(5) "Federal lands program" means a program established by the Secretary pursuant
to section 523 to regulate surface coal mining and reclamation operations on Federal
lands;
(6) "Federal program" means a program established by the Secretary pursuant to
section 504 to regulate surface coal mining and reclamation operations on lands within a
State in accordance with the requirements of this Act;
(7) "fund" means the Abandoned Mine Reclamation Fund established pursuant to
section 401;
(8) "imminent danger to the health and safety of the public" means the existence of
any condition or practice, or any violation of a permit or other requirement of this Act in a
surface coal mining and reclamation operation, which condition, practice, or
violation could reasonably be expected to cause substantial physical harm to persons
outside the permit area before such condition, practice, or violation can be abated. A
reasonable expectation of death or serious injury before abatement exists if a rational
person, subjected to the same conditions or practices giving rise to the peril, would not
expose himself or herself to the danger during the time necessary for abatement;
(9) "Indian lands" means all lands, including mineral interests, within the exterior
boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent,
and including rights-of-way, and all lands including mineral interests held in trust for or
supervised by an Indian tribe;
(10) "Indian tribe" means any Indian tribe, band, group, or community having a
governing body recognized by the Secretary;
(11) "lands within any State" or "lands within such State" means all lands within a
State other than Federal lands and Indian lands;
(12) "Office" means the Office of Surface Mining Reclamation and Enforcement
established pursuant to title II;
(13) "operator" means any person, partnership, or corporation engaged in coal
mining who removes or intends to remove more than two hundred and fifty tons of coal
from the earth by coal mining within twelve consecutive calendar months in any one
location;
(14) "other minerals" means clay, stone, sand, gravel, metalliferous and
nonmetalliferous ores, and any other solid material or substances of commercial value
excavated in solid form from natural deposits on or in the earth, exclusive of coal and
those minerals which occur naturally in liquid or gaseous form;
(15) "permit" means a permit to conduct surface coal mining and reclamation
operations issued by the State regulatory authority pursuant to a State program or by the
Secretary pursuant to a Federal program;
(16) "permit applicant" or "applicant" means a person applying for a permit;
(17) "permit area" means the area of land indicated on the approved map submitted
by the operator with his application, which area of land shall be covered by the operator's
bond as required by section 509 of this Act and shall be readily identifiable by
appropriate markers on the site;
(18) "permittee" means a person holding a permit;
(19) "person" means an individual, partnership, association, society, joint stock
company, firm, company, corporation, or other business organization;
(20) the term "prime farmland" shall have the same meaning as that previously
prescribed by the Secretary of Agriculture on the basis of such factors as moisture
availability, temperature regime, chemical balance, permeability, surface layer
composition, susceptibility to flooding, and erosion characteristics, and which historically
have been used for intensive agricultural purposes, and as published in the Federal
Register.
(21) "reclamation plan" means a plan submitted by an applicant for a permit under a
State program or Federal program which sets forth a plan for reclamation of the proposed
surface coal mining operations pursuant to section 508;
(22) "regulatory authority" means the State regulatory authority where the State is
administering this Act under an approved State program or the Secretary where the
Secretary is administering this Act under a Federal program;
(23) "Secretary" means the Secretary of the Interior, except where otherwise
described;
(24) "State" means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam;
(25) "State program" means a program established by a State pursuant to section
503 to regulate surface coal mining and reclamation operations, on lands within such
State in accord with the requirements of this Act and regulations issued by the Secretary
pursuant to this Act;
(26) "State regulatory authority" means the department or agency in each State
which has primary responsibility at the State level for administering this Act;
(27) "surface coal mining and reclamation operations" means surface mining
operations and all activities necessary and incident to the reclamation of such operations
after the date of enactment of this Act;
(28) "surface coal mining operations" means -
(A) activities conducted on the surface of lands in connection with a surface
coal mine or subject to the requirements of section 516 surface operations and surface
impacts incident to an underground coal mine, the products of which enter commerce or
the operations of which directly or indirectly affect interstate commerce. Such activities
include excavation for the purpose of obtaining coal including such common methods as
contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of
explosives and blasting, and in situ distillation or retorting, leaching or other chemical or
physical processing, and the cleaning, concentrating, or other processing or preparation,
loading of coal for interstate commerce at or near the mine site: Provided, however, That
such activities do not include the extraction of coal incidental to the extraction of other
minerals where coal does not exceed 16 2/3 per centum of the tonnage of minerals
removed for purposes of commercial use or sale or coal explorations subject to section
512 of this Act; and
(B) the areas upon which such activities occur or where such activities disturb
the natural land surface. Such areas shall also include any adjacent land the use of which
is incidental to any such activities, all lands affected by the construction of new roads or
the improvement or use of existing roads to gain access to the site of such activities and
for haulage, and excavations, workings, impoundments, dams, ventilation shafts,
entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,
tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas
and other areas upon which are sited structures, facilities, or other property or materials
on the surface, resulting from or incident to such activities; and
(29) "unwarranted failure to comply" means the failure of a permittee to prevent the
occurrence of any violation of his permit or any requirement of this Act due to
indifference, lack of diligence, or lack of reasonable care, or the failure to abate any
violation of such permit or the Act due to indifference, lack of diligence, or lack of
reasonable care;
(30) "lignite coal" means consolidated lignitic coal having less than 8,300 British
thermal units per pound, moist and mineral matter free;
(31) the term "coal laboratory", as used in title VIII, means a university coal
research laboratory established and operated pursuant to a designation made under section
801 of this Act;
(32) the term "institution of higher education" as used in titles VIII and IX, means
any such institution as defined by section 1201(a) of the Higher Education Act of 1968;
(33) the term 'unanticipated event or condition' as used in section 510(e) means an
event or condition encountered in a remining operation that was not contemplated by the
applicable surface coal mining and reclamation permit; and
----------------------------------------------------------------------------------------------------------
Note: Subsection 701(33) added October 24, 1992.
----------------------------------------------------------------------------------------------------------
(34) the term 'lands eligible for remining' means those lands that would otherwise be
eligible for expenditures under section 404 or under section 402(g)(4).
----------------------------------------------------------------------------------------------------------
Note: Subsection 701(34) added October 24, 1992.
----------------------------------------------------------------------------------------------------------
OTHER FEDERAL LAWS
[30 U.S.C. 1292]
SEC. 702. (a) Nothing in this Act shall be construed as superseding,
amending, modifying, or repealing the Mining and Minerals Policy Act of 1970 (30
U.S.C. 21a), the National Environmental Policy Act of 1969 (42 U.S.C. 4321-47), or any
of the following Acts or with any rule or regulation promulgated thereunder, including,
but not limited to -
(1) The Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 721-740).
(2) The Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742).
(3) The Federal Water Pollution Control Act (79 Stat. 903), as amended (33
U.S.C. 1151-1175), the State laws enacted pursuant thereto, or other Federal laws relating
to preservation of water quality.
(4) The Clean Air Act, as amended (42 U.S.C. 1857 et seq.).
(5) The Solid Waste Disposal Act (42 U.S.C. 3251-3259).
(6) The Refuse Act of 1899 (33 U.S.C. 407).
(7) The Fish and Wildlife Coordination Act of 1934 (16 U.S.C. 661-666c).
(8) The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.).
(b) Nothing in this Act shall affect in any way the authority of the Secretary or
the heads of other Federal agencies under other provisions of law to include in any lease,
license, permit, contract, or other instrument such conditions as may be appropriate to
regulate surface coal mining and reclamation operations on land under their jurisdiction.
(c) To the greatest extent practicable each Federal agency shall cooperate with the
Secretary and the States in carrying out the provisions of this Act.
(d) Approval of the State programs, pursuant to section 503(b), promulgation of
Federal programs, pursuant to section 504, and implementation of the Federal lands
programs, pursuant to section 523 of this Act, shall not constitute a major action within
the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332). Adoption of regulations under section 501(b) shall constitute a major
action within the meaning of section 102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332).
EMPLOYEE PROTECTION
[30 U.S.C. 1293]
SEC. 703. (a) No person shall discharge, or in any other way
discriminate against, or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that such employee or
representative has filed, instituted, or caused to be filed or instituted any proceeding under
this Act, or has testified or is about to testify in any proceeding resulting from the
administration or enforcement of the provisions of this Act.
(b) Any employee or a representative of employees who believes that he has been
fired or otherwise discriminated against by any person in violation of subsection (a) of
this section may, within thirty days after such alleged violation occurs, apply to the
Secretary for a review of such firing or alleged discrimination. A copy of the application
shall be sent to the person or operator who will be the respondent. Upon receipt of such
application, the Secretary shall cause such investigation to be made as he deems
appropriate. Such investigation shall provide an opportunity for a public hearing at the
request of any party to such review to enable the parties to present information relating to
the alleged violation.The parties shall be given written notice of the time and place of the
hearing at least five days prior to the hearing. Any such hearing shall be of record and
shall be subject to section 554 of title 5 of the United States Code. Upon receiving the
report of such investigation the Secretary shall make findings of fact. If he finds that a
violation did occur, he shall issue a decision incorporating therein his findings and an
order requiring the party committing the violation to take such affirmative action to abate
the violation as the Secretary deems appropriate, including, but not limited to, the rehiring
or reinstatement of the employee or representative of employees to his former position
with compensation. If he finds that there was no violation, he will issue a finding. Orders
issued by the
Secretary under this subsection shall be subject to judicial review in the same manner as
orders and decisions of the Secretary are subject to judicial review under this Act.
(c) Whenever an order is issued under this section to abate any violation, at the
request of the applicant a sum equal to the aggregate amount of all costs and expenses
(including attorneys' fees) to have been reasonably incurred by the applicant for, or in
connection with, the institution and prosecution of such proceedings, shall be assessed
against the persons committing the violation.
PENALTY FOR INTERFERENCE
[30 U.S.C. 1294]
SEC. 704. Any person who shall, except as permitted by law, willfully
resist, prevent, impede, or interfere with the Secretary or any of his agents in the
performance of duties pursuant to this Act shall be punished by a fine of not more than
$5,000 or by imprisonment for not more than one year, or both.
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Note: Pub. L. 95-87 also amended section 1114 of Title 18.
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GRANTS TO THE STATES
[30 U.S.C. 1295]
SEC. 705. (a) The Secretary is authorized to make annual grants to any
State for the purpose of assisting such State in developing, administering, and enforcing
State programs under this Act. Except as provided in subsection (c) of this section, such
grants shall not exceed 80 per centum of the total costs incurred during the first year, 60
per centum of total costs incurred during the second year, and 50 per centum of the total
costs incurred during each year thereafter.
(b) The Secretary is authorized to cooperate with and provide assistance to any State
for the purpose of assisting it in the development, administration, and enforcement of its
State programs. Such cooperation and assistance shall include -
(1) technical assistance and training including provision of necessary curricular
and instruction materials, in the development, administration, and enforcement of the
State programs; and
(2) assistance in preparing and maintaining a continuing inventory of
information on surface coal mining and reclamation operations for each State for the
purposes of evaluating the effectiveness of the State programs. Such assistance shall
include all Federal departments and agencies making available data relevant to surface
coal mining and reclamation operations and to the development, administration, and
enforcement of State programs concerning such operations.
(c) If, in accordance with section 523(d) of this Act, a State elects to regulate surface
coal mining and reclamation operations on Federal lands, the Secretary may increase the
amount of the annual grants under subsection (a) of this section by an amount which he
determines is approximately equal to the amount the Federal Government would have
expended for such regulation if the State had not made such election.
ANNUAL REPORT
[30 U.S.C. 1296]
SEC. 706. The Secretary shall submit annually to the President and the
Congress a report concerning activities conducted by him, the Federal Government, and
the States pursuant to this Act. Among other matters, the Secretary shall include in such
report recommendations for additional administrative or legislative action as he deems
necessary and desirable to accomplish the purposes of this Act.
SEVERABILITY
[30 U.S.C. 1297]
SEC. 707. If any provision of this Act or the applicability thereof to any
person or circumstances is held invalid, the remainder of this Act and the application of
such provision to other persons or circumstances shall not be affected thereby.
ALASKAN SURFACE COAL MINE STUDY
[30 U.S.C. 1298]
SEC. 708. (a) 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 Act should be modified with respect to surface coal mining operations
in Alaska.
(b) The Secretary shall report on the findings of the study to the President and
Congress no later than two years after the date of enactment of this Act.
(c) The Secretary shall include in his report a draft of legislation to implement any
changes recommended to this Act.
(d) Until one year after the Secretary has made this report to the President and
Congress, or three years after the date of enactment of this Act, whichever comes
first, the Secretary is authorized to modify the applicability of any environmental
protection provision of this Act, or any regulation issued pursuant thereto, to any surface
coal mining operation in Alaska from which coal has been mined during the year
preceding enactment of this Act 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) In order to allow new mines in Alaska to continue orderly development, the
Secretary is authorized to issue interim regulations pursuant to section 501(b) 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) There is hereby 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.
STUDY OF RECLAMATION STANDARDS FOR SURFACE MINING
OF OTHER MINERALS
[30 U.S.C. 1299]
SEC. 709 (a) The Chairman of the Council on Environmental Quality is
directed to contract to such extent or in such amounts as are provided in appropriation
Acts with the National Academy of Sciences-National Academy of Engineering, other
Government agencies or private groups as appropriate, for an in-depth study of current
and developing technology for surface and open pit mining and reclamation for minerals
other than coal designed to assist in the establishment of effective and reasonable
regulation of surface and open pit mining and reclamation for minerals other than coal.
The study shall -
(1) assess the degree to which the requirements of this Act can be met by such
technology and the costs involved;
(2) identify areas where the requirements of this Act cannot be met by current
and developing technology;
(3) in those instances describe requirements most comparable to those of this
Act which could be met, the costs involved, and the differences in reclamation results
between these requirements and those of this Act; and
(4) discuss alternative regulatory mechanisms designed to insure the
achievement of the most beneficial postmining land use for areas affected by surface and
open pit mining.
(b) The study together with specific legislative recommendations shall be submitted
to the President and the Congress no later than eighteen months after the date of
enactment of this Act: Provided, That, with respect to surface or open pit mining for sand
and gravel the study shall be submitted no later than twelve months after the date of
enactment of this Act: Provided further, That with respect to mining for oil shale and tar
sands that a preliminary report shall be submitted no later than twelve months after the
date of enactment of this Act.
(c) There are hereby authorized to be appropriated for the purpose of this section
$500,000: Provided, That no new budget authority is authorized to be appropriated for
fiscal year 1977.
INDIAN LANDS
[30 U.S.C. 1300]
SEC. 710. (a) The Secretary is directed to study the question of the
regulation of surface mining on Indian lands which will achieve the purpose of this Act
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) The study report required by subsection (a) 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) On and after one hundred and thirty-five days from the enactment of this Act, all
surface coal mining operations on Indian lands shall comply with requirements at least as
stringent as those imposed by subsections 515(b)(2), 515(b)(3), 515(b)(5), 515(b)(10),
515(b)(13), 515(b)(19), and 515(d) of this Act and the Secretary shall incorporate the
requirements of such provisions in all existing and new leases issued for coal on Indian
lands.
(d) On and after thirty months from the enactment of this Act, all surface coal
mining operations on Indian lands shall comply with requirements at least as stringent as
those imposed by sections 507, 508, 509, 510, 515, 516, 517, and 519 of this Act and the
Secretary shall incorporate the requirements of such provisions in all existing and new
leases issued for coal on Indian lands.
(e) With respect to leases issued after the date of enactment of this Act, the
Secretary shall include and enforce terms and conditions in addition to those required by
subsections (c) and (d) as may be requested by the Indian tribe in such leases.
(f) 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 the date of enactment of this Act,
shall require the approval of the Secretary.
(g) 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 712(a) shall be reserved for this purpose.
(h) The Secretary shall analyze and make recommendations regarding the
jurisdictional status of Indian Lands outside the exterior boundaries of Indian
reservations: Provided, That nothing in this Act shall change the existing jurisdictional
status of Indian Lands.
(i) 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 503. 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 201 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.
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Note: Subsection 710(i) added October 24, 1992.
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EXPERIMENTAL PRACTICES
[30 U.S.C. 1301]
SEC. 711. 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 515 and 516
of this Act. 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.
AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1302]
SEC. 712. There is authorized to be appropriated to the Secretary for
the purposes of this Act the following sums; and all such funds appropriated shall remain
available until expended:
(a) For the implementation and funding of sections 502, 523, and 710, there are
authorized to be appropriated to the Secretary of the Interior the sum of $10,000,000 for
the fiscal year ending September 30, 1978, $25,000,000 for each of the two succeeding
fiscal years, and in such fiscal years such additional amounts as may be necessary for
increases in salary, pay, retirement, other employee benefits authorized by law, and other
non-discretionary costs;
----------------------------------------------------------------------------------------------------------
Note: Section 712(a) amended August 11, 1978.
----------------------------------------------------------------------------------------------------------
(b) For the implementation and funding of section 507(c), see the provisions of
section 401(c)(11).
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Note: Section 712(b) amended August 11, 1978 and November 5, 1990.
-----------------------------------------------------------------------------------------------------------
(c) For the implementation and funding of section 705 and for the administrative and
other purposes of this Act, except as otherwise provided for in this Act, authorization is
provided for the sum of $20,000,000 for the fiscal year ending September 30, 1978, and
$30,000,000 for each of the two succeeding fiscal years and such funds that are required
thereafter.
(d) In order that the implementation of the requirements of this Act may be initiated
in a timely and orderly manner, the Secretary is authorized, subject to the approval of the
appropriation Committees of the House and of the Senate, to utilize not to exceed
$2,000,000 of the appropriations otherwise available to him for the fiscal year ending
September 30, 1977, for the administration and other purposes of the Act.
COORDINATION OF REGULATORY AND INSPECTION ACTIVITIES
[30 U.S.C. 1303]
SEC. 713. (a) The President shall, to the extent appropriate, and in
keeping with the particular enforcement requirements of each Act referred to herein,
insure the coordination of regulatory and inspection activities among the departments,
agencies, and instrumentalities to which such activities are assigned by this Act, by the
Clean Air Act, by the Water Pollution Control Act, by the Department of Energy
Organization Act, and by existing or subsequently enacted Federal mine safety and health
laws, except that no such coordination shall be required with respect to mine
safety and health inspections, advance notice of which is or may be prohibited by existing
or subsequently enacted Federal mine safety and health laws.
(b) The President may execute the coordination required by this section by means of
an Executive order, or by any other mechanism he determines to be appropriate.
SURFACE OWNER PROTECTION
[30 U.S.C. 1304]
SEC. 714. (a) The provisions of this section shall apply where coal
owned by the United States under land the surface rights to which are owned by a surface
owner as defined in this section is to be mined by methods other than underground mining
techniques.
(b) Any coal deposits subject to this section shall be offered for lease pursuant to
section 2(a) of the Mineral Lands Leasing Act of 1920, as amended.
(c) The Secretary shall not enter into any lease of Federal coal deposits until the
surface owner has given written consent to enter and commence surface mining
operations and the Secretary has obtained evidence of such consent. Valid written
consent given by any surface owner prior to the enactment of this Act shall be deemed
sufficient for the purposes of complying with this section.
(d) In order to minimize disturbance to surface owners from surface coal mining of
Federal coal deposits and to assist in the preparation of comprehensive land-use plans
required by section 2(a) of the Mineral Lands Leasing Act of 1920, as amended, the
Secretary shall consult with any surface owner whose land is proposed to be included in a
leasing tract and shall ask the surface owner to state his preference for or against the
offering of the deposit under his land for lease. The Secretary shall, in his discretion but
to the maximum extent practicable, refrain from leasing coal deposits for development by
methods other than underground mining techniques in those areas where a significant
number of surface owners have stated a preference against the offering of the deposits for
lease.
(e) For the purpose of this section the term "surface owner" means the natural
person or persons (or corporation, the majority stock of which is held by a person or
persons who meet the other requirements of this section) who--
(1) hold legal or equitable title to the land surface;
(2) have their principal place of residence on the land; or personally conduct
farming or ranching operations upon a farm or ranch unit to be affected by surface coal
mining operations; or receive directly a significant portion of their income, if any, from
such farming or ranching operations; and
(3) have met the conditions of paragraphs (1) and (2) for a period of at least
three years prior to the granting of the consent.
In computing the three-year period the Secretary may include periods during which title
was owned by a relative of such person by blood or marriage during which period such
relative would have met the requirements of this subsection.
(f) This section shall not apply to Indian lands.
(g) Nothing in this section shall be construed as increasing or diminishing any
property rights by the United States or by any other landowner.
FEDERAL LESSEE PROTECTION
[30 U.S.C. 1305]
SEC. 715. In those instances where the coal proposed to be mined by
surface coal mining operations is owned by the Federal Government and the surface is
subject to a lease or a permit issued by the Federal Government, the application for a
permit shall include either:
(1) the written consent of the permittee or lessee of the surface lands involved
to enter and commence surface coal mining operations on such land, or in lieu thereof:
(2) evidence of the execution of a bond or undertaking to the United States or
the State, whichever is applicable, for the use and benefit of the permittee or lessee of the
surface lands involved to secure payment of any damages to the surface estate which the
operations will cause to the crops, or to the tangible improvements of the permittee or
lessee of the surface lands as may be determined by the parties involved, or as determined
and fixed in an action brought against the operator or upon the bond in a court of
competent jurisdiction. This bond is in addition to the performance bond required for
reclamation under this Act.
ALASKA COAL
[30 U.S.C. 1306]
SEC. 716. Nothing in this Act shall be construed as increasing or
diminishing the rights of any owner of coal in Alaska to conduct or authorize surface coal
mining operations for coal which has been or is hereafter conveyed out of Federal
ownership to the State of Alaska or pursuant to the Alaska Native Claims Settlement Act:
Provided, That such surface coal mining operations meet the requirements of the Act.
WATER RIGHTS AND REPLACEMENT
[30 U.S.C. 1307]
SEC. 717. (a) Nothing in this Act shall be construed as affecting in any
way the right of any person to enforce or protect, under applicable law, his interest in
water resources affected by a surface coal mining operation.
(b) The operator of a surface coal mine shall replace the water supply of an owner of
interest in real property who obtains all or part of his supply of water for domestic,
agricultural, industrial, or other legitimate use from an underground or surface source
where such supply has been affected by contamination, diminution, or interruption
proximately resulting from such surface coal mine operation.
ADVANCE APPROPRIATIONS
[30 U.S.C. 1308]
SEC. 718. Notwithstanding any other provision of this Act, no authority
to make payments under this Act shall be effective except to such extent or in such
amounts as are provided in advance in appropriation Acts.
CERTIFICATION AND TRAINING OF BLASTERS
[30 U.S.C. 1309]
SEC. 719. In accordance with this Act, the Secretary of the Interior (or
the approved State regulatory authority as provided for in section 503 of this Act) shall
promulgate regulations requiring the training, examination, and certification of persons
engaging in or directly responsible for blasting or use of explosives in surface coal mining
operations.
SUBSIDENCE
[30 U.S.C. 1309a]
SEC. 720. (a) Underground coal mining operations conducted after the
date of enactment of this section shall comply with each of the following requirements:
(1) Promptly repair, or compensate for, material damage resulting from
subsidence caused to any occupied residential dwelling and structures related thereto, or
non-commercial building due to underground coal mining operations. Repair of damage
shall include rehabilitation, restoration, or replacement of the damaged occupied
residential dwelling and structures related thereto, or non-commercial building.
Compensation shall be provided to the owner of the damaged occupied residential
dwelling and structures related thereto or non-commercial building and shall be in the full
amount of the diminution in value resulting from the subsidence. Compensation may be
accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid
insurance policy.
(2) Promptly replace any drinking, domestic, or residential water supply from a
well or spring in existence prior to the application for a surface coal mining
and reclamation permit, which has been affected by contamination, diminution, or
interruption resulting from underground coal mining operations. Nothing in this section
shall be construed to prohibit or interrupt underground coal mining operations. (b)
Regulations. Within one year after the date of enactment of this section, the Secretary
shall, after providing notice and opportunity for public comment, promulgate final
regulations to implement subsection (a).
------------------------------------------------------------------------------------------------
Note: Section 720 added October 24, 1992.
------------------------------------------------------------------------------------------------
RESEARCH
[30 U.S.C. 1309b]
SEC. 721 The Office of Surface Mining Reclamation and Enforcement is
authorized to conduct studies, research and demonstration projects relating to the
implementation of, and compliance with, title V of this Act, and provide technical
assistance to states for that purpose. Prior to approving any such studies, research or
demonstration projects the Director, Office of Surface Mining Reclamation and
Enforcement, shall first consult with the Director, Bureau of Mines, and obtain a
determination from such Director that the Bureau of Mines is not already conducting like
or similar studies, research or demonstration projects. Studies, research and
demonstration projects for the purposes of title IV of this Act shall only be conducted in
accordance with section 401(c)(6).
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Note: Section 721 added October 24, 1992.
----------------------------------------------------------------------------------------------------------
TITLE VIII -- UNIVERSITY COAL RESEARCH LABORATORIES
ESTABLISHMENT OF UNIVERSITY COAL RESEARCH LABORATORIES
[30 U.S.C. 1311]
SEC. 801. (a) The Secretary of Energy, after consultation with the National
Academy of Engineering, shall designate thirteen institutions of higher education at which
university coal research laboratories will be established and operated. Ten such
designations shall be made as provided in subsection (e) and the remaining three shall be
made in fiscal year 1980.
----------------------------------------------------------------------------------------------------------
Note: Subsection 801(a) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(b) In making designations under this section, the Secretary shall consider the
following criteria:
----------------------------------------------------------------------------------------------------------
Note: Subsection 801(b) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(1) Those ten institutions of higher education designated as provided in
subsection (e) shall be located in a State with abundant coal reserves.
----------------------------------------------------------------------------------------------------------
Note: Subsection 801(b)(1) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(2) The institution of higher education shall have experience in coal research,
expertise in several areas of coal research, and potential or currently active, outstanding
programs in coal research.
(3) The institution of higher education has the capacity to establish and operate
the coal laboratories to be assisted under this title.
(c) Not more than one coal laboratory established pursuant to this title shall be
located in a single State and at least one coal laboratory shall be established within each
of the major coal provinces recognized by the United States Bureau of Mines, including
Alaska.
----------------------------------------------------------------------------------------------------------
Note: Subsection 801(c) amended May 18, 1992.
----------------------------------------------------------------------------------------------------------
(d) The Secretary of Energy shall establish a period, not in excess of ninety days
after the date of enactment of this Act, for the submission of applications for designation
under this section. Any institution of higher education desiring to be designated under
this title shall submit an application to the Secretary of Energy in such form, at such time,
and containing or accompanied by such information as the Secretary of Energy may
reasonably require. Each application shall --
----------------------------------------------------------------------------------------------------------
Note: Subsection 801(d) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(1) describe the facilities to be established for coal energy resources and
conversion research and research on related environmental problems including facilities
for interdisciplinary academic research projects by the combined efforts of specialists
such as mining engineers, mineral engineers, geochemists, mineralogists, mineral
economists, fuel scientists, combustion engineers, mineral preparation engineers, coal
petrographers, geologists, chemical engineers, civil engineers, mechanical engineers, and
ecologists;
(2) set forth a program for the establishment of a test laboratory for coal
characterization which, in addition, may be used as a site for the exchange of coal
research activities by representatives of private industry engaged in coal research and
characterization;
(3) set forth a program for providing research and development activities for
students engaged in advanced study in any discipline which is related to the development
of adequate energy supplies in the United States. The research laboratory shall be
associated with an ongoing educational and research program on extraction and utilization
of coal.
(e) The Secretary of Energy shall designate the ten institutions of higher education
under this section not later than ninety days after the date on which such applications are
to be submitted.
----------------------------------------------------------------------------------------------------------
Note: Subsection 801(e) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
FINANCIAL ASSISTANCE
[30 U.S.C. 1312]
SEC. 802. (a) The Secretary of Energy is authorized to make grants to
any institution of higher education designated under section 801 to pay the Federal share
of the cost of establishing (including the construction of such facilities as may be
necessary) and maintaining a coal laboratory.
----------------------------------------------------------------------------------------------------------
Note: Subsection 802(a) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(b) Each institution of higher education designated pursuant to section 801 shall
submit an application to the Secretary of Energy. Each such application shall --
----------------------------------------------------------------------------------------------------------
Note: Subsection 802(b) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(1) set forth the program to be conducted at the coal laboratory which includes
the purposes set forth in section 801(d);
(2) provide assurances that the university will pay from non-Federal sources
the remaining costs of carrying out the program set forth;
(3) provide such fiscal control and fund accounting procedures as may be
necessary to assure the proper disbursement of and accounting for Federal funds received
under this title;
(4) provide for making an annual report which shall include a description of
the activities conducted at the coal laboratory and an evaluation of the success of such
activities, and such other necessary reports in such form and containing such information
as the Secretary of Energy may require, and for keeping such records and affording such
access thereto as may be necessary to assure the correctness and verification of such
reports; and
----------------------------------------------------------------------------------------------------------
Note: Subsection 802(b)(4) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(5) set forth such policies and procedures as will insure that Federal funds
made available under this section for any fiscal year will be so used as to supplement and,
to the extent practical, increase the level of funds that would, in the absence of such
Federal funds, be made available for the purposes of the activities described in
subsections 801(d)(1), (2), and (3), and in no case supplant such funds.
LIMITATION ON PAYMENTS
[30 U.S.C. 1313]
SEC. 803. (a) No institutions of higher education may receive more
than $4,000,000 for the construction of its coal research laboratory, including initially
installed fixed equipment, nor may it receive more than $1,500,000 for initially installed
movable equipment, nor may it receive more than $500,000 for new program startup
expenses.
(b) No institution of higher education may receive more than $1,500,000 per year
from the Federal Government for operating expenses.
PAYMENTS
[30 U.S.C. 1314]
SEC. 804. (a) From the amounts appropriated pursuant to section 806,
the Secretary of Energy shall pay to each institution of higher education having an
application approved under this title an amount equal to the Federal share of the cost of
carrying out that application. Such payments may be in installments, by way
of reimbursement, or by way of advance with necessary adjustments on account of
underpayments or overpayments.
----------------------------------------------------------------------------------------------------------
Note: Subsection 804(a) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(b) The Federal share of operating expenses for any fiscal year shall not exceed 50
per centum of the cost of the operation of a coal research laboratory.
ADVISORY COUNCIL ON COAL RESEARCH
[30 U.S.C. 1315]
SEC. 805. (a) There is established an Advisory Council on Coal
Research which shall be composed of --
(1) the Secretary of Energy, who shall be Chairman;
----------------------------------------------------------------------------------------------------------
Note: Subsection 805(a)(1) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(2) the Director of the United States Bureau of Mines of the Department of the
Interior;
----------------------------------------------------------------------------------------------------------
Note: Subsection 805(a)(2) amended May 18, 1992.
----------------------------------------------------------------------------------------------------------
(3) the President of the National Academy of Sciences;
(4) the President of the National Academy of Engineering;
(5) the Director of the United States Geological Survey; and
(6) six members appointed by the Secretary of Energy from among individuals
who, by virtue of experience or training, are knowledgeable in the field of coal research
and mining, and who are representatives of institutions of higher education, industrial
users of coal and coal-derived fuels, the coal industry, mine workers, nonindustrial
consumer groups, and institutions concerned with the preservation of the environment.
----------------------------------------------------------------------------------------------------------
Note: Subsection 805(a)(6) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(b) The Advisory Council shall advise the Secretary of Energy with respect to the
general administration of this title, and furnish such additional advice as he may request.
----------------------------------------------------------------------------------------------------------
Note: Subsection 805(b) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(c) The Advisory Council shall make an annual report of its findings and
recommendations (including recommendations for changes in the provisions of this
title) to the President not later than December 31 of each calendar year. The President
shall transmit each such report to the Congress.
(d)(1) Members of the Council who are not regular officers or employees of the
United States Government shall, while serving on business of the Council, be entitled to
receive compensation at rates fixed by the Secretary of Energy but not exceeding the daily
rate prescribed for GS-18 of the General Schedule under section 5332 of title 5, United
States Code, and while so serving away from their homes or regular places of business,
they may be allowed travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for persons in the Government
service employed intermittently.
----------------------------------------------------------------------------------------------------------
Note: Subsection 805(d)(1) amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
(2) Members of the Council who are officers or employees of the Government
shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them
in carrying out their duties on the Council.
(e) Whenever a member of the Council appointed under clauses (1) through (5) is
unable to attend a meeting, that member shall appoint an appropriate alternate to represent
him for that meeting.
AUTHORIZATION OF APPROPRIATIONS
[30 U.S.C. 1316]
SEC. 806. (a) For the ten institutions referred to in the last sentence of
section 801(a), there are authorized to be appropriated not to exceed $30,000,000 for the
fiscal year ending September 30, 1979 (including the cost of construction, equipment, and
startup expenses), and not to exceed $7,500,000 for the fiscal year 1980 and for each
fiscal year thereafter through the fiscal year ending before October 1, 1984, to carry out
the provisions of this title.
(b) For the three remaining institutions referred to in the last sentence of section
801(a), there are authorized to be appropriated not to exceed $6,500,000 for the fiscal
year 1980 (including the cost of construction, equipment, and startup expenses), and not
to exceed $2,000,000 for each fiscal year after fiscal year 1980 ending before October 1,
1984, to carry out the provisions of this title.
----------------------------------------------------------------------------------------------------------
Note: Subsection 806 amended November 9, 1978.
----------------------------------------------------------------------------------------------------------
TITLE IX -- ENERGY RESOURCE GRADUATE FELLOWSHIPS
PROGRAM AUTHORIZED
[30 U.S.C. 1321]
SEC. 901. (a) The Secretary of Energy is authorized to award under the
provisions of this title not to exceed one thousand fellowships for the fiscal year ending
September 30, 1979, and each of the five succeeding fiscal years. Fellowships shall be
awarded under the provisions of this title for graduate study and research in those areas of
applied science and engineering that are related to the production, conservation, and
utilization of fuels and energy. Fellowships shall be awarded to students in programs
leading to master's degrees. Such fellowships may be awarded for graduate study and
research at any institution of higher education, library, archive, or any other research
center approved by the Secretary after consultation with the Secretary of Education.
----------------------------------------------------------------------------------------------------------
Note: Subsection 901(a) amended August 4, 1977, and October 17, 1979.
----------------------------------------------------------------------------------------------------------
(b) Such fellowships shall be awarded for such periods as the Secretary of Energy
may determine, but not to exceed two years.
----------------------------------------------------------------------------------------------------------
Note: Subsection 901(b) amended August 4, 1977.
----------------------------------------------------------------------------------------------------------
(c) In addition to the number of fellowships authorized to be awarded by subsection
(a) of this section, the Secretary of Energy is authorized to award fellowships equal to the
number previously awarded during any fiscal year under this title but vacated prior to the
end of the period for which they were awarded; except that each fellowship awarded
under this subsection shall be for such period of graduate work or research, not in excess
of the remainder of the period for which the fellowship which it replaces was awarded as
the Secretary of Energy may determine.
----------------------------------------------------------------------------------------------------------
Note: Subsection 901(c) amended August 4, 1977.
----------------------------------------------------------------------------------------------------------
AWARDING OF FELLOWSHIPS
[30 U.S.C. 1322]
SEC. 902. Recipients of fellowships under this title shall be -
(a) persons who have been accepted by an institution of higher education for
graduate study leading to an advanced degree or for a professional degree, and
(b) persons who plan a career in the field of energy resources, production, or
utilization.
DISTRIBUTION OF FELLOWSHIPS
[30 U.S.C. 1323]
SEC. 903. In awarding fellowships under the provisions of this title, the
Secretary of Energy shall endeavor to provide equitable distribution of such fellowships
throughout the Nation, except that the Secretary of Energy shall give special attention to
institutions of higher education, libraries, archives or other research centers which have a
demonstrated capacity to offer courses of study or research in the field of energy
resources and conservation and conversion and related disciplines. In carrying out his
responsibilities under this section, the Secretary shall take into consideration the projected
need for highly trained engineers and scientists in the field of energy sources.
----------------------------------------------------------------------------------------------------------
Note: Subsection 903 amended August 4, 1977.
----------------------------------------------------------------------------------------------------------
STIPENDS AND INSTITUTIONS OF HIGHER EDUCATION ALLOWANCES
[30 U.S.C. 1324]
SEC. 904. (a) Each person awarded a fellowship under this title shall
receive a stipend of not more than $10,000 for each academic year of study. An
additional amount of $500 for each such calendar year of study shall be paid to such
person on account of each of his dependents.
(b) In addition to the amount paid to such person pursuant to subsection (a) there
shall be paid to the institution of higher education at which each such person is pursuing
his course of study, 100 per centum of the amount paid to such person less the amount
paid on account of such person's dependents, to such person less any amount charged
such person for tuition.
LIMITATION
[30 U.S.C. 1325]
SEC. 905. No fellowship shall be awarded under this title for study at a
school or department of divinity. For the purpose of this section, the term "school or
department of divinity" means an institution or department or branch of an institution,
whose program is specifically for the education of students to prepare them
to become ministers of religion or to enter upon some other religious vocation or to
prepare them to teach theological subjects.
FELLOWSHIP CONDITIONS
[30 U.S.C. 1326]
SEC. 906. (a) A person awarded a fellowship under the provisions of
this title shall continue to receive the payments provided in section 904(a) only during
such periods as the Secretary finds that he is maintaining satisfactory proficiency in, and
devoting essentially full time to, study or research in the field in which such fellowship
was awarded, in an institution of higher education, and is not engaging in gainful
employment other than part-time employment in teaching, research, or similar activities,
approved by the Secretary of Energy.
----------------------------------------------------------------------------------------------------------
Note: Subsection 906(a) amended August 4, 1977.
----------------------------------------------------------------------------------------------------------
(b) The Secretary of Energy shall require reports containing such information in
such forms and to be filed at such times as he determines necessary from each person
awarded a fellowship under the provisions of this title. Such reports shall be
accompanied by a certificate from an appropriate official at the institution of higher
education, library, archive, or other research center approved by the Secretary of Energy
stating that such person is making satisfactory progress in, and is devoting essentially full
time to the research for which the fellowship was awarded.
----------------------------------------------------------------------------------------------------------
Note: Subsection 906(b) amended August 4, 1977.
----------------------------------------------------------------------------------------------------------
APPROPRIATIONS AUTHORIZED
[30 U.S.C. 1327]
SEC. 907. There are authorized to be appropriated $11,000,000 for the
fiscal year ending September 30, 1979, and for each of the five succeeding fiscal years.
For payments for the initial awarding of fellowships awarded under this title, there are
authorized to be appropriated for the fiscal year ending September 30, 1979, and for each
of the five succeeding fiscal years, such sums as may be necessary in order that
fellowships already awarded might be completed.
RESEARCH AND DEMONSTRATION PROJECTS OF ALTERNATIVE COAL
MINING TECHNOLOGIES
[30 U.S.C. 1328]
SEC. 908. (a) The Secretary of the Interior is authorized to conduct and
promote the coordination and acceleration of, research, studies, surveys, experiments,
demonstration projects, and training relating to --
----------------------------------------------------------------------------------------------------------
Note: Subsection 908(a) amended August 4, 1977 and September 10, 1982.
----------------------------------------------------------------------------------------------------------
(1) the development and application of coal mining technologies which provide
alternatives to surface disturbance and which maximize the recovery of available coal resources,
including the improvement of present underground mining methods, methods for the return of
underground mining wastes to the mine void, methods for the underground mining of thick coal
seams and very deep seams; and
(2) safety and health in the application of such technologies, methods, and means.
(b) In conducting the activities authorized by this section, the Secretary of the Interior may
enter into contracts with and make grants to qualified institutions, agencies, organizations, and
persons.
--------------------------------------------------------------------------------------------------------------
Note: Subsection 908(b) amended August 4, 1977 and September 10, 1982.
--------------------------------------------------------------------------------------------------------------
(c) There are authorized to be appropriated to the Secretary of the Interior, to carry out the
purposes of this section, $35,000,000 for each fiscal year beginning with the fiscal year 1979, and
for each year thereafter for the next four years.
--------------------------------------------------------------------------------------------------------------
Note: Subsection 908(c) amended August 4, 1977 and September 10, 1982.
-------------------------------------------------------------------------------------------------------------
(d) At least sixty days before any funds are obligated for any research studies, surveys,
experiments or demonstration projects to be conducted or financed under this Act in any fiscal year,
the Secretary of the Interior in consultation with the heads of other Federal agencies having the
authority to conduct or finance such projects, shall determine and publish such determinations in the
Federal Register that such projects are not being conducted or financed by any other Federal agency.
On December 31 of each calendar year, the Secretary shall report to the Congress on the research
studies, surveys, experiments or demonstration projects, conducted or financed under this Act,
including, but not limited to, a statement of the nature and purpose of each project, the Federal cost
thereof, the identity and affiliation of the persons engaged in such projects, the expected completion
date of the projects and the relationship of the projects to other such projects of a similar nature.
--------------------------------------------------------------------------------------------------------------
Note: Subsection 908(d) amended August 4, 1977 and September 10, 1982.
--------------------------------------------------------------------------------------------------------------
(e) Subject to the patent provisions of section 306(d) of this Act, all information and data
resulting from any research studies, surveys, experiments, or demonstration projects conducted or
financed under this Act shall be promptly made available to the public.
ABANDONED MINE RECLAMATION ACT OF 1990
[Affects Title IV and Section 507(a) and 712(b) of SMCRA]
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1991
An Act to provide for reconciliation pursuant to section 4 of the concurrent
resolution on the budget for fiscal year 1991. Pub. L. 101-508 (H.R. 5835); 104
STAT. 1388, 1388-289 through 1388-299 (November 5, 1990).
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
[104 STAT. 1388]
SECTION 1. SHORT TITLE.
This Act may be cited as the "Omnibus Budget Reconciliation Act of 1990".
TITLE VI - ENERGY AND ENVIRONMENTAL PROGRAMS
Subtitle A - Abandoned Mine Reclamation
[104 STAT. 1388-289]
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the "Abandoned Mine Reclamation Act of 1990".
SEC. 6002. ABANDONED MINE RECLAMATION FUND.
(a) SOURCES OF DEPOSITS.-Section 401(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231(b)) is amended as follows:
(1) Amend paragraph (1) to read as follows:
[104 STAT. 1388-290]
(1) the reclamation fees levied under section 402;
(2) Strike "and" at the end of paragraph (3); strike the period at the end of paragraph
(4) and insert "; and"; and add the following new paragraph at the end: "(5) interest
credited to the fund under subsection (e)."
(b) USE OF MONEY.-Section 401(c) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231(c)) is amended as follows:
(1) In paragraph (1), strike "402(g)(2)" and insert "402(g)(1)".
(2) Amend paragraph (2) to read as follows:
"(2) for transfer on an annual basis to the Secretary of Agriculture for use under
section 406;"
(3) In paragraph (6), strike "by contract" and insert "conducted in accordance with
section 3501 of the Omnibus Budget Reconciliation Act of 1986" after "projects".
(4) Strike "and" at the end of paragraph (9).
(5) Strike paragraph (10) and insert the following:
"(10) for use under section 411;
"(11) for the purpose of section 507(c), except that not more than $ 10,000,000 shall
annually be available for such purpose; and
"(12) all other necessary expenses to accomplish the purposes of this title."
(c) INTEREST.-Section 401 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1231) is amended by adding the following new subsection at the end:
"(e) INTEREST.-The Secretary of the Interior shall notify the Secretary of the
Treasury as to what portion of the fund is not, in his judgment, required to meet current
withdrawals. The Secretary of the Treasury shall invest such portion of the fund in public
debt securities with maturities suitable for the needs of such fund and bearing interest at
rates determined by the Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United States of comparable
maturities. The income on such investments shall be credited to, and form a part of, the
fund."
SEC. 6003. RECLAMATION FEES.
(a) DUE DATE.-Section 402(b) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232(b)) is amended by striking "fifteen years after the date of
enactment of this Act unless extended by an Act of Congress" and inserting "September
30, 1995".
(b) STATEMENT.-Section 402(c) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(c)) is amended by adding the following at the end thereof:
"Such statement shall include an identification of the permittee of the surface coal mining
operation, any operator in addition to the permittee, the owner of the coal, the preparation
plant, tipple, or loading point for the coal, and the person purchasing the coal from the
operator. The report shall also specify the number of the permit required under section
506 and the mine safety and health identification number. Each quarterly report shall
contain a notification of any changes in the information required by this subsection since
the date of the preceding quarterly report. The information contained in the quarterly
reports under this subsection shall be maintained by the Secretary in a computerized
database.".
[104 STAT. 1388-291]
(c) AUDITS.-Section 402(d) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(d)) is amended by inserting "(1)" after "(d)" and by adding the
following at the end thereof;
"(2) The Secretary shall conduct such audits of coal production and the payment of
fees under this title as may be necessary to ensure full compliance with the provisions of
this title. For purposes of performing such audits the Secretary (or any duly designated
officer, employee, or representative of the Secretary) shall, at all reasonable times, upon
request, have access to, and may copy, all books, papers, and other documents of any
person subject to the provisions of this title. The Secretary may at any time conduct audits
of any surface coal mining and reclamation operation, including without limitation,
tipples and preparation plants, as may be necessary in the judgment of the Secretary to
ensure full and complete payment of the fees under this title.".
(d) NOTICE.-Section 402(f) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(f)) is amended by adding the following at the end thereof:
"Whenever the Secretary believes that any person has not paid the full amount of the fee
payable under subsection (a) the Secretary shall notify the Federal agency responsible for
ensuring compliance with the provisions of section 4121 of the Internal Revenue Code of
1986."
SEC. 6004. ALLOCATION OF FUNDS.
Section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(g)) is amended to read as follows:
"(g) ALLOCATION OF FUNDS.-(1) Moneys deposited into the fund shall be
allocated by the Secretary to accomplish the purposes of this title as follows:
"(A) 50 percent of the reclamation fees collected annually in any State (other than
fees collected with respect to Indian lands) shall be allocated annually by the Secretary to
the State, subject to such State having each of the following:
"(i) An approved abandoned mine reclamation program pursuant to section 405.
"(ii) Lands and waters which are eligible pursuant to section 404 (in the case of a
State not certified under section 411(a)) or pursuant to section 411(b) (in the case of a
State certified under section 411(a)).
"(B) 50 percent of the reclamation fees collected annually with respect to Indian
lands shall be allocated annually by the Secretary to the Indian tribe having jurisdiction
over such lands, subject to such tribe having each of the following:
"(i) an approved abandoned mine reclamation program pursuant to section 405.
"(ii) Lands and waters which are eligible pursuant to section 404 (in the case of an
Indian tribe not certified under section 411(a)) or pursuant to section 411(b) (in the case
of a tribe certified under section 411(a)).
"(C) The funds allocated by the Secretary under this paragraph to States and Indian
tribes shall only be used for annual reclamation project construction and program
administration grants.
"(D) To the extent not expended within 3 years after the date of any grant award
under this paragraph, such grant shall be available for expenditure by the Secretary in any
area under paragraph (2), (3), (4), or (5).
[104 STAT. 1388-292]
"(2) 20 percent of the amounts available in the fund in any fiscal year which are not
allocated under paragraph (1) in that fiscal year (including that interest accruing as
provided in section 401(e) and including funds available for reallocation pursuant to
paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the
annual transfer to the Secretary of Agriculture under section 401(c)(2).
"(3) Amounts available in the fund which are not allocated to States and Indian
tribes under paragraph (1) or allocated under paragraphs (2) and (5) are authorized to be
expended by the Secretary for any of the following:
"(A) For the purpose of section 507(c), either directly or through grants to the
States, subject to the limitation contained in section 401(c)(11).
"(B) For the purpose of section 410 (relating to emergencies).
"(C) For the purpose of meeting the objectives of the fund set forth in section 403(a)
for eligible lands and waters pursuant to section 404 in States and on Indian lands where
the State or Indian tribe does not have an approved abandoned mine reclamation program
pursuant to section 405.
"(D) For the administration of this title by the Secretary.
"(4)(A) Amounts available in the fund which are not allocated under paragraphs (1),
(2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be
expended by the Secretary under this paragraph for the reclamation or drainage abatement
of lands and waters within unreclaimed sites which are mined for coal or which were
affected by such mining, wastebanks, coal processing or other coal mining processes and
left in an inadequate reclamation status.
"(B) Funds made available under this paragraph may be used for reclamation or
drainage abatement at a site referred to in subparagraph (A) if the Secretary makes either
of the following findings:
"(i) A finding that the surface coal mining operation occurred during the period
beginning on August 4, 1977, and ending on or before the date on which the Secretary
approved a State program pursuant to section 503 for a State in which the site is located,
and that any funds for reclamation or abatement which are available pursuant to a bond or
other form of financial guarantee or from any other source are not sufficient to provide for
adequate reclamation or abatement at the site.
"(ii) A finding that the surface coal mining operation occurred during the period
beginning on August 4, 1977, and ending on or before the date of enactment of this
paragraph, and that the surety of such mining operator became insolvent during such
period, and as of the date of enactment of this paragraph, funds immediately available
from proceedings relating to such insolvency, or from any financial guarantee or other
source are not sufficient to provide for adequate reclamation or abatement at the site.
"(C) In determining which sites to reclaim pursuant to this paragraph, the Secretary
shall follow the priorities stated in paragraphs (1) and (2) of section 403(a). The Secretary
shall ensure that priority is given to those sites which are in the immediate vicinity of a
residential area or which have an adverse economic impact upon a local community.
[104 STAT. 1388-293]
"(D) Amounts collected from the assessment of civil penalties under section 518 are
authorized to be appropriated to carry out this paragraph.
"(E) Any State may expend grants made available under paragraphs (1) and (5) for
reclamation and abatement of any site referred to in subparagraph (A) if the State, with
the concurrence of the Secretary, makes either of the findings referred to in clause (i) or
(ii) of subparagraph (B) and if the State determines that the reclamation priority of the site
is the same or more urgent than the reclamation priority for eligible lands and waters
pursuant to section 404 under the priorities stated in paragraphs (1) and (2) of section
403(a).
"(F) For the purposes of the certification referred to in section 411(a), sites referred
to in subparagraph (A) of this paragraph shall be considered as having the same priorities
as those stated in section 403(a) for eligible lands and waters pursuant to section 404. All
sites referred to in subparagraph (A) of this paragraph within any State shall be reclaimed
prior to such State making the certification referred to in section 411(a).
"(5) The Secretary shall allocate 40 percent of the amount in the fund after making
the allocation referred to in paragraph (1) for making additional annual grants to States
and Indian tribes which are not certified under section 411(a) to supplement grants
received by such States and Indian tribes pursuant to paragraph (1)(C) until the priorities
stated in paragraphs (1) and (2) of section 403(a) have been achieved by such State or
Indian tribe. The allocation of such funds for the purpose of making such expenditures
shall be through a formula based on the amount of coal historically produced in the State
or from the Indian lands concerned prior to August 3, 1977. Funds allocated or expended
by the Secretary under paragraphs (2), (3), or (4) of this subsection for any State or Indian
tribe shall not be deducted against any allocation of funds to the State or Indian tribe
under paragraph (1) or under this paragraph.
"(6) Any State may receive and retain, without regard to the 3-year limitation
referred to in paragraph (1)(D), up to 10 percent of the total of the grants made annually
to such State under paragraphs (1) and (5) if such amounts are deposited into either-
"(A) a special trust fund established under State law pursuant to which such amounts
(together with all interest earned on such amounts) are expended by the State solely to
achieve the priorities stated in section 403(a) after September 30, 1995, or
"(B) an acid mine drainage abatement and treatment fund established under State
law as provided in paragraph (7).
"(7)(A) Any State may establish under State law an acid mine drainage abatement
and treatment fund from which amounts (together with all interest earned on such
amounts) are expended by the State to implement, in consultation with the Soil
Conservation Service, acid mine drainage abatement and treatment plans approved by the
Secretary. Such plans shall provide for the comprehensive abatement of the causes and
treatment of the effects of acid mine drainage within qualified hydrologic units affected
by coal mining practices.
"(B) The plan shall include, but shall not be limited to, each of the following:
"(i) An identification of the qualified hydrologic unit.
[104 STAT. 1388-294]
"(ii) The extent to which acid mine drainage is affecting the water quality and
biological resources within the hydrologic unit.
"(iii) An identification of the sources of acid mine drainage within the hydrologic
unit.
"(iv) An identification of individual projects and the measures proposed to be
undertaken to abate and treat the causes or effects of acid mine drainage within the
hydrologic unit.
"(v) The cost of undertaking the proposed abatement and treatment measures.
"(vi) An identification of existing and proposed sources of funding for such
measures.
"(vii) An analysis of the cost-effectiveness and environmental benefits of abatement
and treatment measures.
"(C) The Secretary may approve any plan under this paragraph only after
determining that such plan meets the requirements of this paragraph. In conducting an
analysis of the items referred to in clauses (iv), (v), and (vii) the Director of the Office of
Surface Mining shall obtain the comments of the Director of the Bureau of Mines. In
approving plans under this paragraph, the Secretary shall give a priority to those plans
which will be implemented in coordination with measures undertaken by the Secretary of
Agriculture under section 406.
"(D) For purposes of this paragraph, the term 'qualified hydrologic unit' means a
hydrologic unit-
"(i) in which the water quality has been significantly affected by acid mine drainage
from coal mining practices in a manner which adversely impacts biological resources; and
"(ii) which contains lands and waters which are-
"(I) eligible pursuant to section 404 and include any of the priorities stated in
paragraph (1), (2), or (3) of section 403(a); and
"(II) proposed to be the subject of the expenditures by the State (from amounts
available from the forfeiture of bonds required under section 509 or from other State
sources) to mitigate acid mine drainage.
"(8) Of the funds available for expenditure under this subsection in any fiscal year,
the Secretary shall allocate annually not less than $ 2,000,000 for expenditure in each
State, and for each Indian tribe, having an approved abandoned mine reclamation
program pursuant to section 405 and eligible lands and waters pursuant to section 404 so
long as an allocation of funds to such State or such tribe is necessary to achieve the
priorities stated in paragraphs (1) and (2) of section 403(a)."
SEC. 6005. FUND OBJECTIVES.
Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233) is amended as follows:
(1) Insert "(a) PRIORITIES.-"after "SEC. 403."
(2) Insert ", except as provided for under section 411," after "title".
(3) Add at the end the following new subsections:
"(b) UTILITIES AND OTHER FACILITIES.-(1) Any State or Indian tribe not
certified under section 411(a) may expend up to 30 percent of the funds allocated to such
State or Indian tribe in any year through the grants made available under paragraphs (1)
and (5) of section 402(g) for the purpose of protecting, repairing, replacing,
[104 STAT. 1388-295]
constructing, or enhancing facilities relating to water supply, including water distribution
facilities and treatment plants, to replace water supplies adversely affected by coal mining
practices.
"(2) If the adverse effect on water supplies referred to in this subsection occurred
both prior to and after August 3, 1977, section 404 shall not be construed to prohibit a
State or Indian tribe referred to in paragraph (1) from using funds referred to in such
paragraph for the purposes of this subsection if the State or Indian tribe determines that
such adverse effects occurred predominantly prior to August 3, 1977.
"(c) INVENTORY.-For the purposes of assisting in the planning and evaluation of
reclamation projects pursuant to section 405, and assisting in making the certification
referred to in section 411(a), the Secretary shall maintain an inventory of eligible lands
and waters pursuant to section 404 which meet the priorities stated in paragraphs (1) and
(2) of subsection (a). Under standardized procedures established by the Secretary, States
and Indian tribes with approved abandoned mine reclamation programs pursuant to
section 405 may offer amendments to update the inventory as it applies to eligible lands
and waters under the jurisdiction of such States or tribes. The Secretary shall provide such
States and tribes with the financial and technical assistance necessary for the purpose of
making inventory amendments. The Secretary shall compile and maintain an inventory for
States and Indian lands in the case when a State or Indian tribe does not have an approved
abandoned mine reclamation program pursuant to section 405. On a regular basis, but not
less than annually, the projects completed under this title shall be so noted on the
inventory under standardized procedures established by the Secretary.".
SEC. 6006. ELIGIBLE LANDS AND WATERS.
Section 404 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1234) is amended by inserting ", except as provided for under section 411" after
"processes", and by adding the following at the end thereof: "For other provisions relating
to lands and waters eligible for such expenditures, see section 402(g)(4), section
403(b)(1), and section 409."
SEC. 6007. STATE RECLAMATION PROGRAMS.
Section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1235) is amended by adding the following at the end thereof:
"(1) No State shall be liable under any provision of Federal law for any costs or
damages as a result of action taken or omitted in the course of carrying out a State
abandoned mine reclamation plan approved under this section. This subsection shall not
preclude liability for cost or damages as a result of gross negligence or intentional
misconduct by the State. For purposes of the preceding sentence, reckless, willful, or
wanton misconduct shall constitute gross negligence."
SEC. 6008. CLARIFICATION.
Section 406(d) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1236(d)) is amended by striking "experimental".
[104 STAT. 1288-296]
SEC. 6009. VOIDS AND TUNNELS.
Section 409 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1239) is amended-
(1) in subsection (a) by striking "chairman of any tribe" and inserting in lieu thereof
"the governing body of an Indian tribe";
(2) in subsection (b), by striking "or Indian reservations under the provisions of
subsection 402(g)" and inserting "or Indian tribes under the provisions of paragraphs (1)
and (5) of section 402(g)"; and
(3) by amending subsection (c) to read as follows:
"(c)(1) The Secretary may make expenditures and carry out the purposes of this
section in such States where requests are made by the Governor or governing body of an
Indian tribe for those reclamation projects which meet the priorities stated in section
403(a)(1), except that for the purposes of this section the reference to coal in section
403(a)(1) shall not apply.
"(2) The provisions of section 404 shall apply to this section, with the exception that
such mined lands need not have been mined for coal.
"(3) The Secretary shall not make any expenditures for the purposes of this section
in those States which have made the certification referred to in section 411(a).
SEC. 6010. CERTIFICATION.
Title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.) is amended as follows:
(1) Redesignate sections 411, 412, and 413 as sections 412, 413, and 414,
respectively.
(2) Insert after section 410 the following new section:
"SEC. 411. CERTIFICATION.
"(a) CERTIFICATION OF COMPLETION OF COAL RECLAMATION.-The
Governor of a State, or the head of a governing body of an Indian tribe, with an approved
abandoned mine reclamation program under section 405 may certify to the Secretary that
all of the priorities stated in section 403(a) for eligible lands and waters pursuant to
section 404 have been achieved. The Secretary, after notice in the Federal Register and
opportunity for public comment, shall concur with such certification if the Secretary
determines that such certification is correct.
"(b) ELIGIBLE LANDS, WATERS, AND FACILITIES.-If the Secretary has
concurred in a State or tribal certification under subsection (a), for purposes of
determining the eligibility of lands and waters for annual grants under section 402(g)(1),
section 404 shall not apply, and eligible lands, waters, and facilities shall be those-
"(1) which were mined or processed for minerals or which were affected by such
mining or processing, and abandoned or left in an inadequate reclamation status prior to
August 3, 1977; and
"(2) for which there is no continuing reclamation responsibility under State or other
Federal laws. In determining the eligibility under this subsection of Federal lands, waters,
and facilities under the jurisdiction of the Forest Service or Bureau of Land Management,
in lieu of the August 3, 1977, date referred to in paragraph (1) the applicable date shall be
August 28, 1974, and November 26, 1980, respectively.
[104 STAT. 1388-297]
"(c) PRIORITIES.-Expenditures of moneys for lands, waters, and facilities referred
to in subsection (b) shall reflect the following objectives and priorities in the order stated
(in lieu of the priorities set forth in section 403):
"(1) The protection of public health, safety, general welfare, and property from
extreme danger of adverse effects of mineral mining and processing practices.
"(2) The protection of public health, safety, and general welfare from adverse effects
of mineral mining and processing practices.
"(3) The restoration of land and water resources and the environment previously
degraded by the adverse effects of mineral mining and processing practices.
"(d) SPECIFIC SITES AND AREAS NOT ELIGIBLE.-Sites and areas designated
for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978
(42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to
the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42
U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under
this section.
"(e) UTILITIES AND OTHER FACILITIES.-Reclamation projects involving the
protection, repair, replacement, construction, or enhancement of utilities, such as those
relating to water supply, roads, and such other facilities serving the public adversely
affected by mineral mining and processing practices, and the construction of public
facilities in communities impacted by coal or other mineral mining and processing
practices, shall be deemed part of the objectives set forth, and undertaken as they relate
to, the priorities stated in subsection (c).
"(f) Notwithstanding subsection (e), where the Secretary has concurred in the
certification referenced in subsection (a) and where the Governor of a State or the head of
a governing body of an Indian tribe determines there is a need for activities or
construction of specific public facilities related to the coal or minerals industry in States
impacted by coal or minerals development and the Secretary concurs in such need, then
the State or Indian tribe, as the case may be, may use annual grants made available under
section 402(g)(1) to carry out such activities or construction.
"(g) APPLICATION OF OTHER PROVISIONS.-The provisions of sections 407
and 408 shall apply to subsections (a) through (e) of this section, except that for purposes
of this section the references to coal in sections 407 and 408 shall not apply."
SEC. 6011. SMALL OPERATOR ASSISTANCE.
Section 507(c) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1257(c)) is amended by striking "100,000" and inserting "300,000".
SEC. 6012. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TABLE OF CONTENTS.-The table of contents in the first section of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) is amended as follows:
(1) Redesignate the items relating to sections 411, 412, and 413 as items 412, 413,
and 414, respectively.
(2) Insert after the item relating to section 410 the following:
[104 STAT. 1388-298]
Sec. 411. Certification.
(b) REFERENCE.-Section 712 (b) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1302(b)) is amended to read as follows:
"(b) For the implementation and funding of section 507(c), see the provisions of
section 401(c)(11)."
(c) REPEAL.-Section 406(i) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1236(i)) is repealed.
(d) TECHNICAL CORRECTIONS.-The following provisions of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 and following) are
amended as follows:
(1) Section 405(a) is amended by striking out "perparation" and inserting
"preparation".
(2) Section 405(h) is amended by striking out "Upon approved" and inserting "Upon
approval".
(3) Section 406(a) is amended by striking out "including owners" and inserting
"(including owners".
(4) Section 407(a)(4) is amended by striking out the period and inserting a
semicolon.
(5) Section 407(a) is amended by striking out "Then" and inserting "then".
(6) Section 407(e) is amended by striking out "paragraph (1), of this subsection" and
inserting "paragraph (1) of subsection (c)".
(7) Section 407(g)(2) is amended by striking out "the use of" and inserting "the use
or".
SEC. 6013. SAVINGS CLAUSE.
Nothing in this subtitle shall be construed to affect the certifications made by the
State of Wyoming, the State of Montana, and the State of Louisiana to the Secretary of
the Interior prior to the date of enactment of this subtitle that such State has completed the
reclamation of eligible abandoned coal mine lands.
SEC. 6014. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect at the beginning of the first
fiscal year immediately following the fiscal year in which this subtitle is enacted.
ENERGY POLICY ACT OF 1992
An Act to provide for improved energy efficiency.
Pub. L. 102-486 (H.R. 776); 106 STAT. 2776, 3037, 3046, 3056, 3102-3106 and 3112-3113 (October 24, 1992)
To provide for improved energy efficiency.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
Short Title. This Act may be cited as the "Energy Policy Act of 1992".
[106 STAT. 3037]
Sec. 19143. COAL INDUSTRY HEALTH BENEFITS PROGRAM.
(a) In general. The Internal Revenue Code of 1986 is amended by adding at the end
of the following new subtitle:
[106 STAT. 3046]
"SEC. 9705. TRANSFERS.
"(a) Transfer of Assets From 1950 UMWA Pension Plan. --
"(1) In general. From the funds reserved under paragraph (2), the board of trustees
of the 1950 UMWA Pension Plan shall transfer to the Combined Fund --
"(A) $ 70,000,000 on February 1, 1993,
"(B) $ 70,000,000 on October 1, 1993, and
"(C) $ 70,000,000 on October 1, 1994.
"(2) Reservation. Immediately upon the enactment date, the board of trustees of the
1950 UMWA Pension Plan shall segregate $ 210,000,000 from the general assets of the
plan. Such funds shall be held in the plan until disbursed pursuant to paragraph (1). Any
interest on such funds shall be deposited into the general assets of the 1950 UMWA
Pension Plan.
"(3) Use of funds. Amounts transferred to the Combined Fund under paragraph (1)
shall --
"(A) in the case of the transfer on February 1, 1993, be used to proportionately
reduce the premium of each assigned operator under section 9704(a) for the plan year of
the Fund beginning February 1, 1993, and
"(B) in the case of any other such transfer, be used to proportionately reduce the
unassigned beneficiary premium under section 9704(a)(3) and the death benefit premium
under section 9704(a)(2) of each assigned operator for the plan year in which transferred
and for any subsequent plan year in which such funds remain available.
Such funds may not be used to pay any amounts required to be paid by the 1988
agreement operators under section 9704(i)(1)(B).
"(4) Tax treatment; validity of transfer. --
"(A) No deduction. No deduction shall be allowed under this title with respect to
any transfer pursuant to
[106 STAT. 3047]
paragraph (1), but such transfer shall not adversely affect the deductibility (under
applicable provisions of this title) of contributions previously made by employers, or
amounts hereafter contributed by employers, to the 1950 UMWA Pension Plan, the 1950
UMWA Benefit Plan, the 1974 UMWA Pension Plan, the 1974 UMWA Benefit Plan, the
1992 UMWA Benefit Plan, or the Combined Fund.
"(B) Other tax provisions. Any transfer pursuant to paragraph (1) --
"(i) shall not be treated as an employer reversion from a qualified plan for purposes
of section 4980, and
"(ii) shall not be includible in the gross income of any employer maintaining the
1950 UMWA Pension Plan.
"(5) Treatment of transfer. Any transfer pursuant to paragraph (1) shall not be
deemed to violate, or to be prohibited by, any provision of law, or to cause the settlors,
joint board of trustees, employers or any related person to incur or be subject to liability,
taxes, fines, or penalties of any kind whatsoever.
"(b) Transfers From Abandoned Mine Reclamation Fund --
"(1) In general. The Combined Fund shall include any amount transferred to the
Fund under section 402(h) of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1232(h)).
"(2) Use of funds. Any amount transferred under paragraph (1) for any fiscal year
shall be used to proportionately reduce the unassigned beneficiary premium under section
9704(a)(3) of each assigned operator for the plan year in which transferred.
[106 STAT. 3056]
"SEC. 9722. SHAM TRANSACTIONS.
If a principal purpose of any transaction is to evade or avoid liability under this chapter,
this chapter shall be applied (and such liability shall be imposed) without regard to such
transaction."
(b) Amendments to Surface Mining Act --
(1) Extension of fee program. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking "September 30,
1995" and inserting "September 30, 2004".
(2) Transfer to fund. Section 402 of such Act (30 U.S.C. 1232) is amended by
adding at the end the following new subsection:
"(h) Transfer of Funds to Combined Fund.
"(1) In the case of any fiscal year beginning on or after October 1, 1995, with
respect to which fees are required to be paid under this section, the Secretary shall, as of
the beginning of such fiscal year and before any allocation under subsection (g), make the
transfer provided in paragraph (2).
"(2) The Secretary shall transfer from the fund to the United Mine Workers of
America Combined Benefit Fund established under section 9702 of the Internal
Revenue Code of 1986 for any fiscal year an amount equal to the sum of --
"(A) the amount of the interest which the Secretary estimates will be earned and paid
to the Fund during the fiscal year, plus
"(B) the amount by which the amount described in subparagraph (A) is less than
$ 70,000,000.
"(3)(A) The aggregate amount which may be transferred under paragraph (2) for any
fiscal year shall not exceed the amount of expenditures which the trustees of the
Combined Fund estimate will be debited against the unassigned beneficiaries premium
account under section 9704(e) of the Internal Revenue Code of 1986 for the fiscal year of
the Combined Fund in which the transfer is made.
"(B) The aggregate amount which may be transferred under paragraph (2)(B) for all
fiscal years shall not exceed an amount equivalent to all interest earned and paid to the
fund after September 30, 1992, and before October 1, 1995.
"(4) If, for any fiscal year, the amount transferred is more or less than the amount
required to be transferred, the Secretary shall appropriately adjust the amount transferred
for the next fiscal year."
(3) Conforming amendments. (A) Section 401(c) of such Act (30 U.S.C. 1231(c)) is
amended by striking "and" at the end of paragraph (11), by redesignating paragraph (12)
as paragraph (13), and by adding after paragraph (11) the following new paragraph:
"(12) for the purpose described in section 402(h); and".
(B) Section 402(g)(1) of such Act (30 U.S.C. 1232(g)) is amended by striking
"Moneys" and inserting "Except as provided in subsection (h), moneys".
[106 STAT. 3102]
SEC. 2503. COAL REMINING.
(a) Modification of Prohibition. Section 510 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1260) is amended by adding the following new
subsection at the end thereof:
"(e) Modification of Prohibition. After the date of enactment of this subsection, the
prohibition of subsection (c) shall not apply to a permit application due to any violation
resulting from an unanticipated event or condition at a surface coal mining operation on
lands eligible for remining under a permit held by the person making such application.
As used in this subsection, the term 'violation' has the same meaning as such term has
under subsection (c). The authority of this subsection and section 515(b)(20)(B) shall
terminate on September 30, 2004."
(b) Period of Responsibility. Section 515(b)(20) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1265(b)(20)) is amended as follows:
(1) Insert "(A)" after "(20)".
(2) Add the following new subparagraph at the end thereof:
"(B) on lands eligible for remining assume the responsibility for successful
revegetation for a period of two full years after the last year of augmented seeding,
fertilizing, irrigation, or other work in order to assure compliance with the applicable
standards, except in those areas or regions of the country where the annual average
precipitation is twenty-six inches or less, then the operator's assumption of responsibility
and liability will be extended for a period of five full years after the last year of
augmented seeding, fertilizing, irrigation,
[106 STAT. 3103]
or other work in order to assure compliance with the applicable standards."
(c) Definitions. Section 701 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1291) is amended by striking the period at the end of paragraph (32) and
inserting a semicolon in lieu thereof, and by adding the following new paragraphs at the
end thereof:
"(33) the term 'unanticipated event or condition' as used in section 510(e) means an
event or condition encountered in a remining operation that was not contemplated by the
applicable surface coal mining and reclamation permit; and
"(34) the term 'lands eligible for remining' means those lands that would otherwise
be eligible for expenditures under section 404 or under section 402(g)(4)."
(d) Eligibility. Section 404 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1234) is amended by adding the following new sentence at the end
thereof: "Surface coal mining operations on lands eligible for remining shall not affect the
eligibility of such lands for reclamation and restoration under this title after the release of
the bond or deposit for any such operation as provided under section 519. In the event the
bond or deposit for a surface coal mining operation on lands eligible for remining is
forfeited, funds available under this title may be used if the amount of such bond or
deposit is not sufficient to provide for adequate reclamation or abatement, except that if
conditions warrant the Secretary shall immediately exercise his authority under section
410."
(e) Abandoned Coal Refuse Sites.
(1) Notwithstanding any other provision of the Surface Mining Control and
Reclamation Act of 1977 to the contrary, the Secretary of the Interior shall, within one
year after the enactment of this Act, publish proposed regulations in the Federal Register,
and after opportunity for public comment publish final regulations, establishing
environmental protection performance and reclamation standards, and separate permit
systems applicable to operations for the on-site reprocessing of abandoned coal refuse and
operations for the removal of abandoned coal refuse on lands that would otherwise be
eligible for expenditure under section 404 and section 402(g)(4) of the Surface Mining
Control and Reclamation Act of 1977.
(2) The standards and permit systems referred to in paragraph (1) shall distinguish
between those operations which reprocess abandoned coal refuse on-site, and those
operations which completely remove abandoned coal refuse from a site for the direct use
of such coal refuse, or for the reprocessing of such coal refuse, at another location. Such
standards and permit systems shall be premised on the distinct differences between
operations for the on-site reprocessing, and operations for the removal, of abandoned coal
refuse and other types of surface coal mining operations. (3) The Secretary of the
Interior may devise a different standard than any of those set forth in section 515 and
section 516 of the Surface Mining Control and Reclamation Act of 1977, and devise a
separate permit system, if he determines, on a standard-by-standard basis, that a different
standard may facilitate the on-site reprocessing, or the removal, of abandoned coal refuse
in a manner that would provide the same level of environmental protection as under
section 515 and section 516.
[106 STAT. 3104]
(4) Not later than 30 days prior to the publication of the proposed regulations
referred to in this subsection, the Secretary shall submit a report to the Committee on
Interior and Insular Affairs of the United States House of Representatives, and the
Committee on Energy and Natural Resources of the United States Senate containing a
detailed description of any environmental protection performance and reclamation
standards, and separate permit systems, devised pursuant to this subsection.
SEC. 2504. SURFACE MINING ACT IMPLEMENTATION.
(a) Subsidence. (1) Title VII of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1291 and following) is amended by adding the following new section at
the end thereof:
SEC. 720. SUBSIDENCE.
"(a) Requirements. Underground coal mining operations conducted after the date of
enactment of this section shall comply with each of the following requirements:
"(1) Promptly repair, or compensate for, material damage resulting from subsidence
caused to any occupied residential dwelling and structures related thereto, or
non-commercial building due to underground coal mining operations. Repair of damage
shall include rehabilitation, restoration, or replacement of the damaged occupied
residential dwelling and structures related thereto, or non-commercial building.
Compensation shall be provided to the owner of the damaged occupied residential
dwelling and structures related thereto or non-commercial building and shall be in the full
amount of the diminution in value resulting from the subsidence. Compensation may be
accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid
insurance policy.
"(2) Promptly replace any drinking, domestic, or residential water supply from a
well or spring in existence prior to the application for a surface coal mining and
reclamation permit, which has been affected by contamination, diminution, or interruption
resulting from underground coal mining operations.
Nothing in this section shall be construed to prohibit or interrupt underground coal mining
operations.
"(b) Regulations. Within one year after the date of enactment of this section, the
Secretary shall, after providing notice and opportunity for public comment, promulgate
final regulations to implement subsection (a)."
(2)(A) The Secretary of the Interior shall review existing requirements related to
underground coal mine subsidence and natural gas and petroleum pipeline safety. Such
review shall consider the following with respect to subsidence: notification; mitigation;
coordination; requirements of the Natural Gas Pipeline Safety Act and the Hazardous
Liquid Pipeline Safety Act; and the status of Federal, State and local laws, as well as
common law, with respect to prevention or mitigation of damage from subsidence.
(B) The review shall also include a survey of the status of Federal, State, and local
laws, as well as common law, with respect to the responsibilities of the relevant parties for
costs resulting from damage due to subsidence or from mitigation efforts undertaken to
prevent damage from subsidence.
(C) In conducting the review, the Secretary of the Interior shall consult with the
Secretary of Transportation, the Attorney
[106 STAT. 3105]
General of the United States, appropriate officials of relevant States, and owners and
representatives of natural gas and petroleum pipeline companies and coal companies.
(D) The Secretary of the Interior shall submit a report detailing the results of the
review to the Committee on Energy and Natural Resources of the United States Senate
and the Committee on Interior and Insular Affairs of the United States House of
Representatives within 18 months of enactment of this Act. Where appropriate, the
Secretary of the Interior shall commence a rulemaking to address any deficiencies in
existing law determined in the review under subparagraph (A) regarding notification,
coordination and mitigation.
(b) Valid Existing Rights. During the 1-year period following the enactment of this
Act, in administering the provisions of the Surface Mining Control and Reclamation Act
of 1977 regarding valid existing rights, the Secretary of the Interior shall continue in force
and effect the policies of the Office of Surface Mining as set forth in the November 10,
1986 Statement of Policy published in 51 Federal Register 41952.
(c) Research. (1) Section 401(c)(6) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231(c)(6)) is amended as follows:
(A) Insert ", research, and demonstration projects" after "studies".
(B) Strike "to provide information, advice, and technical assistance, including
research and demonstration projects".
(2) Section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233) is amended by striking paragraph (4) and renumber the subsequent
paragraphs accordingly.
(3) Title VII of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1291 and following) is amended by adding the following new section after section 720:
"SEC. 721. RESEARCH.
"The Office of Surface Mining Reclamation and Enforcement is authorized to conduct
studies, research and demonstration projects relating to the implementation of, and
compliance with, title V of this Act, and provide technical assistance to states for that
purpose. Prior to approving any such studies, research or demonstration projects the
Director, Office of Surface Mining Reclamation and Enforcement, shall first consult with
the Director, Bureau of Mines, and obtain a determination from such Director that the
Bureau of Mines is not already conducting like or similar studies, research or
demonstration projects. Studies, research and demonstration projects for the purposes of
title IV of this Act shall only be conducted in accordance with section 401(c)(6)."
(d) Coal Formations.
(1) In furtherance of the purposes of the Act of August 31, 1954 (30 U.S.C.
551-558) the Secretary of the Interior, acting through the Director of the Office of Surface
Mining Reclamation and Enforcement, shall, upon application by a State, enter into a
cooperative agreement with any such State that has an approved abandoned mine
reclamation program pursuant to section 405 of the Surface Mining Control and
Reclamation Act of 1977 to undertake the activities referred to in section 3(b) of the Act
of August 31, 1954 (30 U.S.C. 553(b)). The Secretary shall immediately enter into such
cooperative agreement upon application by a State. Any such cooperative agreement shall
not
[106 STAT. 3106]
be subject to review or approval by the Appalachian Regional Development Commission.
(2) For the purposes of the cooperative agreements entered into pursuant to
paragraph (1), the requirements of section 5 of the Act of August 31, 1954 (30 U.S.C.
555) are hereby waived.
(3) Section 8 of the Act of August 31, 1954 (30 U.S.C. 558) is amended by striking
"not to exceed $ 500,000 annually,".
(e) Technical Amendment. Section 403(b)(2) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(b)(2)) is amended by inserting ", or as the case
may be, the dates (and under the criteria) set forth under section 402(g)(4)(B)" after
"1977" in each instance such date appears.
[106 STAT. 3112]
SEC. 2513. ASSISTANCE TO SMALL COAL OPERATORS.
(a) Assistance. Section 507(c) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1257(c)) is amended to read as follows:
"(c) Assistance to Small Coal Operators. (1) If the regulatory authority finds that the
probable total annual production at all locations of a coal surface mining operator will not
exceed 300,000 tons, the cost of the following activities, which shall be performed by a
qualified public or private laboratory or such other public or private qualified entity
designated by the regulatory authority, shall be assumed by the regulatory authority upon
the written request of the operator in connection with a permit application:
"(A) The determination of probable hydrologic consequences required by subsection
(b)(11), including the engineering analyses and designs necessary for the determination.
"(B) The development of cross-section maps and plans required by subsection
(b)(14).
"(C) The geologic drilling and statement of results of test borings and core
samplings required by subsection (b)(15).
"(D) The collection of archaeological information required by subsection (b)(13)
and any other archaeological and historical information required by the regulatory
authority, and the preparation of plans necessitated thereby.
"(E) Pre-blast surveys required by section 515(b)(15)(E).
"(F) The collection of site-specific resource information and production of
protection and enhancement plans for fish and wildlife habitats and other environmental
values required by the regulatory authority under this Act.
"(2) The Secretary shall provide or assume the cost of training coal operators that
meet the qualifications stated in paragraph (1) concerning the preparation of permit
applications and compliance with the regulatory program, and shall ensure that qualified
coal operators are aware of the assistance available under this subsection."
(b) Reimbursement of Costs. Section 507 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1257) is amended by adding at the end thereof the
following new subsection:
"(h) Reimbursement of Costs. A coal operator that has received assistance pursuant
to subsection (c) (1) or (2) shall reimburse the regulatory authority for the cost of the
services rendered if the program administrator finds that the operator's actual and
attributed annual production of coal for all locations exceeds 300,000 tons during the 12
months immediately following the date on which the operator is issued the surface coal
mining and reclamation permit."
SEC. 2514. SURFACE MINING REGULATIONS.
Section 710 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1300) is amended by adding at the end the following new subsection:
"(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
[106 STAT. 3113]
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 503.
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 201 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."
SEC. 2515. AMENDMENT TO SURFACE MINING ACT.
Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(b)) is amended by striking "1995" and inserting in lieu thereof "2004, after which
time the fee shall be established at a rate to continue to provide for the deposit referred to
in subsection (h)."
Preamble
AMENDING ACTS
SUPPLEMENTAL APPROPRIATIONS ACT OF 1978.
An Act making supplemental appropriations for the fiscal year ending September
30, 1978, and for other purposes; Pub. L. 95-240 (H.R. 9375); 92 STAT. 107, 109
(March 7, 1978).
[92 STAT. 107]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated out of any
money in the Treasury not otherwise appropriated to supply supplemental appropriations
(this Act may be cited as the "Supplemental Appropriations Act, 1978") for the fiscal year
ending September 30, 1978, and for other purposes, namely:
* * *
[92 STAT. 109]
* * * Provided, That none of the funds provided in this Act for the Office of Surface
Mining Reclamation and Enforcement shall be available for the compensation of
Executive Level IV or higher positions: Provided further, That section 201(b) of the
Surface Mining Control and Reclamation Act of 1977 (91 STAT. 445) is amended to
delete the roman numeral "IV" in the first sentence and substitute the roman numeral "V"
in lieu thereof.
* * * REORGANIZATION PLAN NO. 2 OF 1978
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, May 23, 1978, pursuant to the provisions of
Chapter 9 of Title 5 of the United Stated Code. 92 STAT. 3783. (May 23, 1978).
PART I. OFFICE OF PERSONNEL MANAGEMENT
* * *
[92 STAT. 3783]
Section 102. Transfer of Functions. Except as otherwise specified in this Plan, all
functions vested by statute in the United States Civil Service Commission, or the
Chairman of said Commission, or the Boards of Examiners established by 5 U.S.C. 1105
are hereby transferred to the Director of the Office of Personnel Management.
* * * PAPERWORK REDUCTION ACT OF 1980
To reduce paperwork and enhance the economy and efficiency of the Government
and the private sector by improving Federal information policy making, and for
other purposes; Pub. L. 96-511; 94 STAT. 2812, 2826 (December 11, 1980).
* * *
[96 STAT. 2826]
Sec. 4 (b) Section 201(e) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1211) is repealed.
* * * STATE MINING AND MINERAL RESOURCES
RESEARCH INSTITUTES
An Act to establish a State Mining and Mineral Resources Research Institute
program, and for other purposes; Pub. L. 98-409 (H.R. 4214); 98 STAT. 1536-1542
(August 29, 1984).
[98 STAT. 1536]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES
Section 1. (a)(1) There are authorized to be appropriated to the Secretary of the
Interior (hereafter in this Act referred to as the "Secretary") funds adequate to provide for
each participating State $300,000 for the fiscal year ending September 30, 1985, and
$400,000 to each participating State for each fiscal year thereafter for a total of five years,
to assist the States in carrying on the work of a competent and qualified mining and
mineral resources research institute or center (hereafter in this Act referred to as the
"institute") at one public college or university in the State which meets the eligibility
criteria established in section 10.
(2)(A) Funds appropriated under this section shall be made available for grants to be
matched on a basis of no less than one and one-half non-Federal dollars for each Federal
dollar during the fiscal years ending September 30, 1985, and September 30, 1986, and
no less than two non-Federal dollars for each Federal dollar during the fiscal years ending
September 30, 1987, September 30, 1988, and September 30, 1989.
(B) If there is more than one such eligible college or university in a State, funds
appropriated under this Act shall, in the absence of a designation to the contrary by act of
the legislature of the State, be granted to one such college or university designated by the
Government of the State.
(C) Where a State does not have a public college or university eligible under section
10, the Committee on Mining and Mineral Resources Research established in section 9
(hereafter in this Act referred to as the "Committee") may allocate the State's allotment to
one private college or university which it determines to be eligible under such section.
(b) It shall be the duty of each institute to plan and conduct, or arrange for a
component or components of the college or university with which it is affiliated to
conduct research, investigations, demonstrations, and experiments of either, or both, a
basic or practical nature in relation to mining and mineral resources, and to provide for
the training of mineral engineers and scientists through such research, investigations,
demonstrations, and experiments. The subject of such research, investigation,
demonstration, experiment, and training may include exploration; extraction; processing;
development; production of mineral resources; mining and mineral technology; supply
and demand for minerals; conservation and best use of available supplies of minerals; the
economic, legal, social, engineering, recreational, biological, geographic, ecological, and
other
[98 STAT. 1537]
aspects of mining, mineral resources, and mineral reclamation. Such research,
investigation, demonstration, experiment, and training shall consider the interrelationship
with the natural environment, the varying conditions and needs of the respective States,
and mining and mineral resources research projects being conducted by agencies of the
Federal and State governments and other institutes.
RESEARCH FUNDS TO INSTITUTES
Sec. 2. (a) There is authorized to be appropriated to the Secretary $10,000,000 for
the fiscal year ending September 30, 1985. This amount shall be increased by $1,000,000
for each year thereafter for four additional years, which shall remain available until
expended. Such funds when appropriated shall be made available to institutes to meet the
necessary expenses for purposes of --
(1) specific mineral research and demonstration projects of broad application, which
could not otherwise be undertaken, including the expenses of planning and coordinating
regional mining and mineral resources research projects by two or more institutes; and
(2) research into any aspects of mining and mineral resources problems related to
the mission of the Department of the Interior, which are deemed by the Committee to be
desirable and are not otherwise being studied.
(b) Each application for funds under subsection (a) of this section shall state, among
other things, the nature of the project to be undertaken; the period during which it will be
pursued; the qualifications of the personnel who will direct and conduct it; the estimated
costs; the importance of the project to the Nation, region, or State concerned; its relation
to other known research projects theretofore pursued or being pursued; the extent to
which the proposed project will provide opportunity for the training of mining and
mineral engineers and scientists; and the extent of participation by nongovernmental
sources in the project.
(c) The Committee shall review all such funding applications and recommend to the
Secretary the use of the institutes, insofar as practicable, to perform special research.
Recommendations shall be made without regard to the race, religion, or sex of the
personnel who will conduct and direct the research, and on the basis of the facilities
available in relation to the particular needs of the research project; special geographic,
geologic, or climatic conditions within the immediate vicinity of the institute; any other
special requirements of the research project; and the extent to which such project will
provide an opportunity for training individuals as mineral engineers and scientists. The
Committee shall recommend to the Secretary the designation and utilization of such
portions of the funds authorized to be appropriated by this section as it deems appropriate
for the purpose of providing scholarships, graduate fellowships, and postdoctoral
fellowships.
(d) No funds shall be made available under subsection (a) of this section except for a
project approved by the Secretary and all funds shall be made available upon the basis of
merit of the project, the need for the knowledge which it is expected to produce when
completed, and the opportunity it provides for the training of individuals as mineral
engineers and scientists.
(e) No funds made available under this section shall be applied to the acquisition by
purchase or lease of any land or interests therein,
[98 STAT. 1538]
or the rental, purchase, construction, preservation, or repair of any building.
FUNDING CRITERIA
Sec. 3. (a) Funds available to institutes under sections 1 and 2 of this Act shall be
paid at such times and in such amounts during each fiscal year as determined by the
Secretary, and upon vouchers approved by him. Each institute shall --
(1) set forth its plan to provide for the training of individuals as mineral engineers
and scientists under a curriculum appropriate to the field of mineral resources and mineral
engineering and related fields;
(2) set forth policies and procedures which assure that Federal funds made available
under this Act for any fiscal year will supplement and, to the extent practicable, increase
the level of funds that would, in the absence of such Federal funds, be made available for
purposes of this Act, and in no case supplant such funds; and
(3) have an officer appointed by its governing authority who shall receive and
account for all funds paid under the provisions of this Act and shall make an annual report
to the Secretary on or before the first day of September of each year, on work
accomplished and the status of projects underway, together with a detailed statement of
the amounts received under any provisions of this Act during the preceding fiscal year,
and of its disbursements on schedules prescribed by the Secretary.
If any of the funds received by the authorized receiving officer of any institute under
the provisions of this Act shall by any action or contingency be found by the Secretary to
have been improperly diminished, lost, or misapplied, such funds shall be replaced by the
State concerned and until so replaced no subsequent appropriation shall be allotted or
paid to any institute of such State.
(b) The institutes are authorized and encouraged to plan and conduct programs
under this Act in cooperation with each other and with such other agencies and
individuals as may contribute to the solution of the mining and mineral resources
problems involved. Moneys appropriated pursuant to this Act shall be available for
paying the necessary expenses of planning, coordinating, and conducting such
cooperative research.
DUTIES OF THE SECRETARY
Sec. 4. (a) The Secretary shall administer this Act and, after full consultation with
other interested Federal agencies, shall prescribe such rules and regulations as may be
necessary to carry out its provisions. The Secretary shall furnish such advice and
assistance as will best promote the purposes of this Act, shall participate in coordinating
research initiated under this Act by the institutes, shall indicate to them such lines of
inquiry that seem most important, and shall encourage and assist in the establishment and
maintenance of cooperation by and between the institutes and between them and other
research organizations, the United States Department of the Interior, and other Federal
establishment.
(b) On or before the first day of July in each year beginning after the date of
enactment of this Act, the Secretary shall ascertain
[98 STAT. 1539]
whether the requirements of section 3(a) have been met as to each institute and State.
(c) The Secretary shall make an annual report to the Congress of receipts,
expenditures, and work of the institutes in all States under the provisions of this Act. The
Secretary's report shall indicate whether any portion of an appropriation available for
allotment to any State has been withheld and, if so, the reason therefor.
AUTONOMY
Sec. 5. Nothing in this Act shall be construed to impair or modify the legal
relationship existing between any of the colleges or universities under whose direction an
institute is established and the government of the State in which it is located, and nothing
in this Act shall in any way be constructed to authorize Federal control or direction of
education at any college or university.
MISCELLANEOUS PROVISIONS
Sec. 6. (a) The Secretary shall obtain the continuing advice and cooperation of all
agencies of the Federal Government concerned with mining and mineral resources, of
State and local governments, and of private institutions and individuals to assure that the
programs authorized by this Act will supplement and not be redundant with respect to
established mining and minerals research programs, and to stimulate research in otherwise
neglected areas, and to contribute to a comprehensive nationwide program of mining and
mineral research, with due regard for the protection and conservation of the environment.
The Secretary shall make generally available information and reports on projects
completed, in progress, or planned under the provisions of this Act, in addition to any
direct publication of information by the institutes themselves.
(b) Nothing in this Act is intended to give or shall be construed as giving the
Secretary any authority over mining and mineral resources research conducted by any
agency of the Federal Government, or as repealing or diminishing existing authorities or
responsibilities of any agency of the Federal Government to plan and conduct, contract
for, or assist in research in its area of responsibility and concern with regard to mining
and mineral resources.
(c) No research, demonstration, or experiment shall be carried out under this Act by
an institute financed by grants under this Act, unless all uses, products, processes, patents,
and other developments resulting therefrom, with such exception or limitation, if any, as
the Secretary may find necessary in the public interest, are made available promptly to the
general public. Patentable inventions shall be governed by the provisions of Public Law
96-517. Nothing contained in this section shall deprive the owner of any background
patent relating to any such activities of any rights which that owner may have under that
patent.
(d) There are authorized to be appropriated after September 30, 1984, such sums as
are necessary for the printing and publishing of the results of activities carried out by
institutes under this Act and for administrative planning and direction, but such
appropriations shall not exceed $1,000,000 in any single fiscal year.
[98 STAT. 1540]
CENTER FOR CATALOGING
Sec. 7. The Secretary shall establish a center for cataloging current and projected
scientific research in all fields of mining and mineral resources. Each Federal agency
doing mining and mineral resources research shall cooperate by providing the cataloging
center with information on work underway or scheduled by it. The cataloging center shall
classify and maintain for public use a catalog of mining and mineral resources research
and investigation projects in progress or scheduled by all Federal agencies and by such
non-Federal agencies of government, colleges, universities, private institutions, firms, and
individuals as may make such information available.
INTERAGENCY COOPERATION
Sec. 8. The President shall, by such means as he deems appropriate, clarify agency
responsibility for Federal mining and mineral resources research and provide for
interagency coordination of such research, including the research authorized by this Act.
Such coordination shall include --
(1) continuing review of the adequacy of the Government-wide program in mining
and mineral resources research;
(2) identification and elimination of duplication and overlap between agency
programs;
(3) identification of technical needs in various mining and mineral resources
research categories;
(4) recommendations with respect to allocation of technical effort among Federal
agencies;
(5) review of technical manpower needs, and findings concerning management
policies to improve the quality of the Government-wide research effort; and
(6) actions to facilitate interagency communication at management levels.
COMMITTEE
Sec. 9. (a) The Secretary shall appoint a Committee on Mining and Mineral
Resources Research composed of --
(1) the Assistant Secretary of the Interior responsible for minerals and mining
research, or his delegate;
(2) the Director, Bureau of Mines, or his delegate;
(3) the Director, United States Geological Survey, or his delegate;
(4) the Director of the National Science Foundation, or his delegate;
(5) the President, National Academy of Sciences, or his delegate;
(6) the President, National Academy of Engineering, or his delegate; and
(7) not more than six other persons who are knowledgeable in the fields of mining
and mineral resources research, including two university administrators involved in the
conduct of programs authorized by section 301 of the Surface Mining Control and
Reclamation Act of 1977, two representatives from the mining industry, a working miner,
and a representative from the conservation community. In making these six appointments,
the Secretary shall consult with interested groups.
[98 STAT. 1541]
(b) The Committee shall consult with, and make recommendations to, the Secretary
on all matters relating to mining and mineral resources research and the determinations
that are required to be made under this Act. The Secretary shall consult with, and consider
recommendations of, such Committee in such matters.
(c) Committee members, other than officers or employees of Federal, State, or local
governments, shall be for each day (including travel time) during which they are
performing Committee business, paid at a rate fixed by the Secretary but not excess of the
daily equivalent of the maximum rate of pay for grade GS-18 of the General Schedule
under section 5332 of title 5 of the United States Code, and shall be fully reimbursed for
travel, subsistence, and related expenses.
(d) The Committee shall be jointly chaired by the Assistant Secretary of the Interior
responsible for minerals and mining and a person to be elected by the Committee from
among the members referred to in paragraphs (5), (6), and (7) of subsection (a) of this
section.
(e) The Committee shall develop a national plan for research in mining and mineral
resources, considering ongoing efforts in the universities, the Federal Government, and
the private sector, and shall formulate and recommend a program to implement the plan
utilizing resources provided for under this Act. The Committee shall submit such plan to
the Secretary, the President, and the Congress on or before March 1, 1986, and shall
update the plan annually thereafter.
(f) Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
ELIGIBILITY CRITERIA
Sec. 10. (a) The Committee shall determine the eligibility of a college or university
to participate as a mining and mineral resources research institute under this Act using
criteria which include --
(1) the presence of a substantial program of graduate instruction and research in
mining or mineral extraction or closely related fields which has a demonstrated history of
achievement;
(2) evidence of institutional commitment for the purposes of this Act; and
(3) evidence that such institution has or can obtain significant industrial cooperation
in activities within the scope of this Act; and
[98 STAT. 1542]
(4) the presence of an engineering program in mining or minerals extraction that is
accredited by the Accreditation Board for Engineering and Technology, or evidence of
equivalent institutional capability as determined by the Committee.
(b) Notwithstanding the provisions of subsection (a), those colleges or universities
which, on the date of enactment of this Act, have a mining or mineral resources research
institute program which has been found to be eligible pursuant to title III of the Surface
Mining Control and Reclamation Act of 1977 (91 Stat. 445) shall continue to be eligible
pursuant to this Act for a period of four fiscal years beginning October 1, 1984.
MINING AND MINERAL RESEARCH INSTITUTE
AMENDMENTS OF 1988
An Act to authorize appropriations for the Mining and Mineral Resources Research
Institute Act for fiscal years 1990 through 1993; Pub. L. 100-483 (H.R. 3977); 102
STAT. 2339, 2340, 2341 (October 12, 1988)
[102 STAT. 2339]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
Sec. 1. REFERENCES.
Any references in this Act to the "Mining and Mineral Resources Research Institute Act
of 1984" is a reference to the Act of August 29, 1984, entitled "To establish a State
Mining and Mineral Resources Research Institute program, and for other purposes" (30
U.S.C. 1221 through 1230].
Sec. 2. ALLOTMENT OF GRANTS AUTHORIZATION PERIOD;
LIMITATION.
Section 1(a)(1) of the Mining and Mineral Resources Research Institute Act of 1984 (30
U.S.C. 1221(a)(1)) is amended by striking "$300,000 for the fiscal year ending September
30, 1985, and "$400,000 to each participating State for each fiscal year thereafter for a
total of five years" and inserting in lieu thereof the following: "$400,000 for each of the
fiscal years ending September 30, 1990, through September 30, 1994".
Sec. 3. MATCHING FUNDS REQUIREMENT.
Section 1(a)(2)(A) of the Mining and Mineral Resources Research Institute Act of 1984
(30 U.S.C. 1221(a)(2)(A)) is amended to read as follows:
"(A) Funds appropriated under this section shall be made available for grants to be
matched on a basis of no less than 2 non-Federal dollars for each Federal dollar."
Sec. 4. RESEARCH SUBJECT.
The second sentence of section 1(b) of the Mining and Mineral Resources Research
Institute Act of 1984 (30 U.S.C. 1221(b)) is amended by inserting "fuel and nonfuel"
immediately after "production of".
Sec. 5. RESEARCH GRANTS AUTHORIZATION PERIOD.
Section 2(a) of the Mining and Mineral Resources Research Institute Act of 1984 (30
U.S.C. 122(a)) is amended as follows:
(1) The first sentence is amended to read as follows: "There is authorized to be
appropriated to the Secretary not more than $15,000,000 for each of the fiscal years
ending September 30, 1990, through September 30, 1994, which shall remain available
until expended.".
(2) The second sentence is deleted.
(3) In the third sentence, strike "institutes" and insert "an institute or to institutes
participating in a generic mineral technology center".
[102 STAT. 2340]
Sec. 6. ADMINISTRATION
The first sentence of section 4(a) of the Mining and Mineral Resources Research Institute
Act of 1984 (30 U.S.C. 1224(a)) is amended by inserting ", acting through the Director of
the Bureau of Mines," immediately after "The Secretary".
Sec. 7. ADMINISTRATIVE EXPENSES.
Section 6(d) of the Mining and Mineral Resources Research Institute Act of 1984 (30
U.S.C. 1226(d)) is amended to read as follows:
"(d)(1) There is authorized to be appropriated to the Secretary $450,000 for each of
the fiscal years ending September 30, 1990, through September 30, 1994, to administer
this Act. No funds may be withheld by the Secretary for administrative expenses from
those authorized to be appropriated by sections 1 and 2 of this Act.
"(2) There are authorized to be appropriated to the Secretary such sums as are
necessary for the printing and publishing of the results of activities carried out by
institutes and generic mineral technology centers under this Act, but such appropriations
shall not exceed $550,000 in any single fiscal year."
Sec. 8. ADVISORY COMMITTEE
Section 9(a)(7) of the Mining and Mineral Resources Research Institute Act of 1984 (30
U.S.C. 1229(a)(7)) is amended by striking "six" in the first and last sentences and
inserting in lieu thereof "7", and by striking "section 301 of the Surface Mining Control
and Reclamation Act of 1977, two" and inserting in lieu thereof "this Act, 3".
Sec. 9. PLAN UPDATE.
Section 9(e) of the Mining and Mineral Resources Research Institute Act of 1984 (30
U.S.C. 1229(e)) is amended by striking "update the plan annually thereafter" in the
second sentence and inserting in lieu thereof "submit an annual update of such plan by
January 15 of each calendar year".
Sec. 10. ELIGIBILITY.
Section 10(b) of the Mining and Mineral Resources Research Institute Act of 1984 (30
U.S.C. 1230(b)) is amended to read as follows:
"(b)(1) Notwithstanding the provisions of subsection (a), those colleges or
universities which, on the date of enactment of the Mining and Mineral Resources
Research Institute Amendments of 1988, have a mining or mineral resources research
institute program which has been found to be eligible subject to review at least once
during the period authorized by the Mining and Mineral Resources Research Institute
Amendments of 1988, under the provisions of subsection (a). The results of such review
shall be submitted by January 15, 1992, pursuant to section 11(a)(2) of the Mining and
Mineral Resources Research Institute Amendments of 1988.
"(2) Generic mineral technology centers established by the Secretary under this Act
are to be composed of institutes eligible pursuant to subsection (a). Existing generic
mineral technology centers shall continue to be eligible under this Act subject to at least
one review prior to January 15, 1992, pursuant to section 11(a)(3) of the Mining and
Mineral Resources Research Institute Amendments of 1988."
[102 STAT. 2341]
SEC. 11. REPORTS.
(a) REPORT ON PROGRAMS. - The Committee on Mining and Mineral Resources
Research established under section 9 of the Mining and Mineral Resources Research
Institute Act of 1984 (30 U.S.C. 1229) shall submit a report by January 15, 1992, to the
Committee on Interior and Insular Affairs of the United States House of Representatives
and the Committee on Energy and Natural Resources of the United States Senate on the
programs established under that Act. Such report may be submitted in conjunction with
the annual plan update required by section 9(e) of such Act (30 U.S.C. 1229(e)) and shall
include, but not necessarily be limited to, each of the following:
(1) A review of the activities of the institutes and generic mineral technology centers
established under the Mining and Mineral Resources Research Institute Act of 1984.
(2) A review of each institute's eligibility pursuant to section 10 of the Mining and
Mineral Resources Research Institute Act of 1984 (30 U.S.C. 1230).
(3) A review of each generic mineral technology center's eligibility. In conducting
such review the committee shall consider the following criteria:
(A) Relevance and effectiveness of the research conducted.
(B) Need for further research in the generic area.
(4) Recommendations on establishing a mechanism by which new generic mineral
technology centers can be established and existing centers can be phased-out or
consolidated upon completion of their mission.
(b) The committee shall submit a proposal to establish a Generic Mineral
Technology Center on Strategic and Critical Minerals to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate by January 15, 1990.
Sec. 12. SHORT TITLE OF ACT.
The Mining and Mineral Resources Research Institute Act of 1984 is amended by
inserting the following new section after section 10.
"This Act may be cited as the Mining and Mineral Resources Research Institute Act
of 1984.".
Sec. 13. SHORT TITLE OF AMENDMENTS.
This Act may be cited as the Mining and Mineral Resources Research Institute
Amendments of 1988. NATIONAL GEOLOGIC MAPPING ACT OF 1992
An Act to enhance geologic mapping of the United States, and for other purposes;
Pub. L. 102-285 (H.R. 2763); 106 STAT. 166, 172 (May 18, 1992)
[106 STAT. 166]
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled,
[106 STAT. 172]
Sec. 10.
(b) The Bureau of Mines established by the Act of May 16, 1910 (30 U.S.C. 1), is
designated as and shall hereafter be known as the United States Bureau of Mines.
STRATEGIC AND CRITICAL MINERALS ACT OF 1990
An Act to amend the Mining and Minerals Resources Research Institute Act of
1984, and for other purposes; Pub. L. 101-498 (H.R. 4111); 104 STAT. 1207, 1208
(November 2, 1990)
[104 STAT. 1207]
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled,
Sec. 1. SHORT TITLE.
This Act may be cited as the "Strategic and Critical Minerals Act of 1990".
Sec. 2. ESTABLISHMENT OF GENERIC CENTER.
The Mining and Mineral Resources Research Institute Act of 1984 (30 U.S.C.1221 and
following) is amended by adding the following new section at the end thereof:
"Sec. 12. STRATEGIC RESOURCES GENERIC MINERAL TECHNOLOGY
CENTER.
"(a) ESTABLISHMENT. - The Secretary of the Interior is authorized and directed
to establish a Strategic Resources Mineral Technology Center (hereinafter referred to as
the 'center') for the purpose of improving existing, and developing new, technologies that
will decrease the dependence of the United States on supplies of strategic and critical
minerals.
"(b) FUNCTIONS - The center shall -
"(1) provide for studies and technology development in the areas of mineral
extraction and refining processes, product substitution and conservation of mineral
resources through recycling and advanced processing and fabrication methods;
"(2) identify new deposits of strategic and critical mineral resources; and
"(3) facilitate the transfer of information, studies, and technologies developed by the
center to the private sector.
"(c) CRITERIA - The Secretary shall establish the center referred to in subsection
(a) at a university that -
"(1) does not currently host a generic mineral technology center;
"(2) has established advanced degree programs in geology and geological
engineering, and metallurgical and mining engineering;
"(3) has expertise in materials and advanced processing research; and
"(4) is located west of the 100th meridian.
[104 STAT. 1208]
"(d) AUTHORIZATION OF APPROPRIATIONS. - There is authorized to be
appropriated such sums as may be necessary to carry out this section."
PATENT AND TRADEMARK LAWS
An Act to amend the patent and trademark laws; Pub. L. 96-517 (H.R. 6933); 94
STAT. 3015, 3026 (December 12, 1980).
[94 STAT. 3015]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That title 35 of the United States Code, entitled
"Patents", is amended by adding after chapter 29 the following new chapter 30:
* * *
[94 STAT. 3026]
Subsection 210. Precedence of chapter
"(a) This chapter shall take precedence over any other Act which would require a
disposition of rights in subject inventions of small business firms or nonprofit
organizations contractors in a manner that is inconsistent with this chapter, including but
not necessarily limited to the following:
* * *
"(18) section 306(d), of the Surface Mining and Reclamation Act of 1977 (30
U.S.C. 1226(d); 91 STAT. 455);
* * *
[Note: 306(d) became 306(c) as of August 29, 1984 recodification.]
An Act to revise, codify, and enact without substantive change certain general and
permanent laws related to money and finance as title 31, United States Code
"Money and Finance"; Pub. L. 97-258 (H.R. 6128); 96 STAT. 877, 1067 (September
13, 1982).
* * *
[96 STAT. 877]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
* * *
[96 STAT. 1067]
Sec. 4. (a) Sections 1-3 of this Act restate, without substantive change, laws enacted
before April 16, 1982, that were replaced by those sections. Those sections may not be
construed as making a substantive change in the laws replaced. Laws enacted after April
15, 1982, that are inconsistent with this Act supersede this Act to the extent of the
inconsistency.
(b) A reference to a law replaced by sections 1-3 of this Act, including a reference in
a regulation, order, or other law, is deemed to refer to the corresponding provision
enacted by this Act.
* * *
[Note: In subsection 306(c), "section 3324(a) and (b) of title 31" was substituted for
"section 3684 [3648] of the Revised Statutes (31 U.S.C. 529)" on authority of Pub. L.
97-258, subsection 4(b), Sept. 13, 1982, 96 STAT. 1067, the first section of which
enacted Title 31, Money and Finance.]
CONTINUING APPROPRIATIONS, 1985 -- COMPREHENSIVE
CRIME CONTROL ACT OF 1984
Joint resolution making continuing appropriations for the fiscal year 1985, and for
other purposes; Pub. L. 98-473 (H.J. Res. 648); 98 STAT. 1837, 1847, 1852-1853,
1875 (October 12, 1984).
[98 STAT. 1837]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled,
TITLE I
That the following sums are hereby appropriated, out of any money in the
the Treasury not otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, for the several departments, agencies, corporations, and
other organizational units of the Government for the fiscal year 1985, and for other
purposes, namely:
* * *
[98 STAT. 1847]
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
* * *
ABANDONED MINE RECLAMATION FUND
* * *
[98 STAT. 1875]
Sec. 324. Notwithstanding any other provision of this joint resolution or any other law,
section 401(c)(1) of Public Law 95-87 is amended by striking the word "and" after the
words "in situ;" and adding the following after the word "subsidence;": "and
establishment of self-sustaining, individual State administered programs to insure private
property against damages caused by land subsidence resulting from underground coal
mining in those States which have reclamation plans approved in accordance with section
503 of this Act: Provided, That funds used for this purpose shall not exceed $3,000,000
of the funds made available to any State under Section 402(g)(2) of this Act;".
* * * AN ACT
An Act to revise, codify, and enact without substantive change certain general and
permanent laws related to money and finance as title 31, United States Code
"Money and Finance"; Pub. L. 97-258 (H.R. 6128); 96 STAT. 877, 1067 (September
13, 1982).
* * *
[96 STAT. 877]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
* * *
[96 STAT. 1067]
Sec. 4. (a) Sections 1-3 of this Act restate, without substantive change, laws enacted
before April 16, 1982, that were replaced by those sections. Those sections may not be
construed as making a substantive change in the laws replaced. Laws enacted after April
15, 1982, that are inconsistent with this Act supersede this Act to the extent of the
inconsistency.
(b) A reference to a law replaced by sections 1-3 of this Act, including a reference in
a regulation, order, or other law, is deemed to refer to the corresponding provision
enacted by this Act.
* * *
[Note: In subsection 402(g)(2), "chapter 69 of title 31" was substituted for "the Act of
October 20, 1976, Public Law 94-565 (90 STAT. 2662) [31 U.S.C. et seq" on authority
of Pub. L. 97-258, Section 4(b), Sept. 13, 1982, 96 STAT. 1067, the first section of which
enacted Title 31, Money and Finance.]
SURFACE MINING CONTROL AND RECLAMATION
ACT OF 1977, AMENDMENT
An Act to amend the Surface Mining Control and Reclamation Act of 1977 to
permit States to set aside in a special trust fund up to 10 per centum of the annual
State funds from the Abandoned Mine Land Reclamation Fund for expenditure in
the future for purposes of abandoned mine reclamation, and for other purposes;
Pub. L. 100-34 (H.R. 1963); 101 STAT. 300 (May 7, 1987).
[101 STAT. 300]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
TITLE I -- SPECIAL STATE SET-ASIDE
SEC. 101. AMENDMENT OF SURFACE MINING CONTROL
AND RECLAMATION ACT.
Section 402(g) of the Surface Mining Control and Reclamation Act of 1977 is
amended by redesignating paragraph (3) as paragraph (4) and by adding the following
new paragraph after paragraph (2):
"(3) SPECIAL STATE SET-ASIDE FOR FUTURE EXPENDITURE. --
Notwithstanding the proviso contained in paragraph (2), any State may receive and retain,
without regard to the three-year limitation referred to in such proviso, up to ten per
centum of the appropriated funds granted annually by the Secretary to that State under
paragraph (2) if such moneys are deposited in a special trust fund established under State
law and such moneys (together with all interest earned on such moneys) may be expended
by the State solely to accomplish the purposes of this title after August 3, 1992. All
moneys so deposited in special State trust accounts, as well as all interest earned, shall be
considered State moneys. This paragraph shall cease to apply to any State for fiscal years
after any fiscal year in which approval of the State regulatory program under section 503
is terminated or withdrawn by the Secretary until the first subsequent fiscal year after the
fiscal year in which the Secretary reapproves the State program."
* * *
FURTHER CONTINUING APPROPRIATIONS, 1983
Joint resolution making further continuing appropriations and providing for
productive employment for the fiscal year 1983, and for other purposes; Pub. L.
97-377 (H.J. Res. 631), 96 STAT. 1830, 1918 (December 21, 1982).
[96 STAT. 1830]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments, agencies, corporations,
and other organizational units of the Government for the fiscal year 1983, and for other
purposes, namely:
* * *
[96 STAT. 1918]
Sec. 150. Within 60 days of receipt of a complete abandoned mine reclamation fund
grant application from any eligible State under the provisions of the Surface Mining
Control and Reclamation Act (91 STAT. 460) the Secretary of Interior shall grant to such
State any and all funds available for such purposes in the applicable appropriations Act.
* * * SUPPLEMENTAL APPROPRIATIONS ACT, 1987
An Act making supplemental appropriations for the fiscal year ending September
30, 1987, and for other purposes; P.L. 100-71 (H.R. 1827); 101 STAT. 391, 416
(July 11, 1987).
[101 STAT. 391]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to provide supplemental
appropriations for the fiscal year ending September 30, 1987, and for other purposes,
namely:
* * *
[101 STAT. 416]
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT ABANDONED MINE RECLAMATION FUND
Section 405(k) of the Surface Mining Control and Reclamation Act of 1977 (Public
Law 95-87) is amended by adding at the end thereof, "except for purposes of subsection
(c) of this section with respect to the Navajo, Hopi and Crow Indian Tribes".
* * * AGRICULTURE AND FOOD ACT OF 1981
An Act to provide price and income protection for farmers, assure consumers an
abundance of food and fiber at reasonable prices, continue food assistance to
low-income households, and for other purposes; Pub. L. 97-98 (S.B. 884); 95 STAT.
1213, 1344 (December 22, 1981).
[95 STAT. 1213]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act, with the following table of contents, may
be cited as the "Agriculture and Food Act of 1981".
* * *
RECLAMATION
[95 STAT. 1344]
Sec. 1551. Section 406(d) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1236(d)) is amended by adding at the end thereof the following new
sentence: "Notwithstanding any other provision of this section with regard to acreage
limitations, the Secretary of Agriculture may carry out experimental reclamation treatment
projects to control erosion and improve water quality on all lands within a hydrologic
unit, consisting of not more than 25,000 acres, if the Secretary determines that treatment
of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of
past surface mining practices than would be achieved if reclamation was done on
individual parcels of land."
* * *
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1984
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1984, and for other purposes; Pub.
L. 98-146 (H.R. 3363); 97 STAT. 919, 938 (November 4, 1983).
[97 STAT. 919]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1984, and for other purposes,
namely:
* * *
[97 STAT. 938]
Sec. 115. Notwithstanding section 507(b)(14) of the Surface Mining Control and
Reclamation Act of 1977 (Public Law 95-87), cross-sections, maps or plans of land to be
affected by an application for a surface mining and reclamation permit shall be prepared
by or under the direction of a qualified registered professional engineer or geologist, or
qualified registered professional land surveyor in any State which authorizes land
surveyors to prepare and certify such maps or plans.
* * * CONTINUING APPROPRIATIONS, FISCAL YEAR 1988
Joint Resolution making further continuing appropriations for the fiscal year 1988,
and for other purposes; P.L. 100-202 (H.J.Res 395); 101 STAT. 1329, 1329-214,
1329-226, 1329-227 (December 22, 1987)
[101 STAT. 1329]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That --
* * *
[101 STAT. 1329-214]
CONTINUING APPROPRIATIONS 1988
AN ACT
Making appropriations for the Department of the Interior and Related Agencies for
the fiscal year ending September 30, 1988, and for other purposes.
TITLE I -- DEPARTMENT OF THE INTERIOR
* * *
[101 STAT. 1329-226]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
* * * Provided, That notwithstanding any other provision of law, the Secretary of the
Interior, pursuant to regulations, may utilize directly or through grants to States in fiscal
year 1988, moneys collected pursuant to the assessment of civil penalties under section
[101 STAT. 1329-227]
518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices after August 3, 1977: Provided
further, That the Secretary of the Interior shall abide by and adhere to the terms of the
Settlement Agreement in NWR v. Miller, C.A. No. 86-99 (E.D. Ky), and not take any
actions inconsistent with the provisions of footnote 3 of the Agreement with respect to
any State or Federal program.
* * * SURFACE MINING CONTROL AND RECLAMATION ACT
OF 1977, AMENDMENT
An Act to amend the Surface Mining Control and Reclamation Act of 1977 to
permit States to set aside in a special trust fund up to 10 per centum of the annual
State funds from the Abandoned Mine Land Reclamation Fund for expenditure in
the future for purposes of abandoned mine reclamation, and for other purposes; P.
L. 100-34 (H.R. 1963); 101 STAT. 300, 301 (May 7, 1987)
[101 STAT. 300]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
* * *
TITLE II -- TWO-ACRE EXEMPTION
SEC. 201. REPEAL OF EXEMPTION.
(a) REPEAL. -- Section 528 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1278) is amended as follows:
(1) In paragraph (1), insert "and" immediately after "him;".
(2) Strike out paragraph (2).
(3) Redesignate paragraph (3) as (2).
(b) EFFECTIVE DATE FOR NEW OPERATIONS. -- The amendments made by
this section shall take effect on the date 30 days after the enactment of this Act 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
[101 STAT. 301]
State law before the date 30 days after the enactment of this Act. Nothing in this Act 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 under section 528(2) of that Act, 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.
* * *
SURFACE MINING CONTROL AND RECLAMATION ACT
OF 1977
An Act to amend the Surface Mining Control and Reclamation Act of 1977 (Public
Law 95-87) to raise certain authorized funding levels contained therein, and for
other purposes; Pub. L. 95-343 (S. 2463), 92 STAT. 473 (August 11, 1978).
[92 STAT. 473]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That section 712 of the Surface Mining Control and
Reclamation Act of 1977 (Public Law 95-87, 91 STAT. 445, 524) is hereby amended as
follows:
(1) in subsection (a), delete all after "September 30, 1978," and insert in lien
thereof: "$25,000,000 for each of the two succeeding fiscal years, and in such fiscal years
such additional amounts as may be necessary for increases in salary, pay, retirement, other
employee benefits authorized by law, and other non-discretionary costs."; and
(2) delete subsection (b) and insert in lieu thereof:
"(b) For the implementation and funding of section 507(c) there are authorized to be
appropriated sums reserved by section 401(b)(1) for the purposes of section 507(c) and
such additional sums as may be necessary (i) for the fiscal year ending September 30,
1978, to provide an amount not to exceed $10,000,000 to carry out the purposes of
section 507(c) and (ii) for the fiscal years ending September 30, 1979, and September 30,
1980, to provide an amount not to exceed $25,000,000 to carry out the purposes of
section 507(c)." PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978
An Act to suspend until the close of June 30, 1980, the duty on certain doxorubicin
hydrochloride antibiotics. Pub. L. 95-617 (H.R. 4018); 92 STAT. 3117, 3166-3167.
(November 9, 1978).
[92 STAT. 3117]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
Section 1. Short Title and Table of Contents.
(a) Short Title -- This Act may be cited as the "Public Utility Regulatory Policies
Act of 1978".
* * *
[92 STAT. 3166]
SEC. 604 COAL RESEARCH LABORATORIES
(a) Designation -- So much of section 801 of the Surface Mining Control and
Reclamation of 1977 as precedes subsection (b) of paragraph (2) thereof is amended to
read as follows:
"ESTABLISHMENT OF UNIVERSITY COAL RESEARCH LABORATORIES
"SEC. 801. (a) The Secretary of Energy, after consultation with the National
Academy of Engineering, shall designate thirteen institutions of higher education at which
university coal research laboratories will be established and operated. Ten such
designations shall be made as provided in subsection (e) and the remaining three shall be
made in fiscal year 1980.
"(b) In making designations under this section, the Administrator shall consider the
following criteria:
"(1) Those ten institutions of higher education designated as provided in subsection
(e) shall be located in a State with abundant coal reserves."
(b) AUTHORIZATION OF APPROPRIATIONS - Section 806 of such Act is
amended to read as follows:
"AUTHORIZATION OF APPROPRIATIONS
"Sec. 806. (a) For the ten institutions referred to in the last sentence of section
801(a), there are authorized to be appropriated not to exceed $30,000,000 for the fiscal
year ending September 30, 1979 (including the cost of construction, equipment, and
startup expenses), and not to exceed $7,500,000 for the fiscal year 1980 and for each
fiscal year thereafter through the fiscal year ending before October 1, 1984, to carry out
the provisions of this title.
[92 STAT. 3167]
"(b) For the three remaining institutions referred to in the last sentence of section
801(a), there are authorized to be appropriated not to exceed $6,500,000 for the fiscal
year 1980 (including the cost of construction, equipment, and startup expenses), and not
to exceed $2,000,000 for each fiscal year after fiscal year 1980 ending before October 1,
1984, to carry out the provisions of this title.".
(c) CONFORMING AMENDMENT -- Title VIII of such Act is amended by
striking out the terms "Administrator" and "Administrator, ERDA" in each place they
appear and substituting "Secretary of Energy" in each such place.
* * * DEPARTMENT OF ENERGY ORGANIZATION ACT
An Act to establish a Department of Energy in the executive branch by the
reorganization of energy functions within the Federal Government in order to
secure effective management to assure a coordinated national energy policy, and for
other purposes.; Pub. L. 95-91 (S. 826); 91 STAT. 565, 577-578, 606-607 (August 4,
1977).
[91 STAT. 565]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act may be cited as the "Department of Energy
Organization Act".
* * *
[91 STAT. 577]
TITLE III -- TRANSFERS OF FUNCTIONS
GENERAL TRANSFERS
Sec. 301. (a) Except as otherwise provided in this Act, there are hereby transferred
to, and vested in, the Secretary all the functions vested by law in the Administrator of the
Federal Energy Administration or the Federal Energy Administration, the Administrator
of the Energy Research and Development Administration or the Energy Research and
Development Administration; and the functions vested
[91 STAT. 578]
by law in the officers and components of either such Administration.
* * *
[91 STAT. 606]
AGENCY TERMINATIONS
Sec. 703. Except as otherwise provided in this Act, whenever all of the functions
vested by law in any agency, commission, or other body, or any component thereof, have
been terminated or transferred from that agency, commission, or other body, or
component, by this Act, the agency, commission or other body, or component, shall
terminate. If an agency, commission, or other body, or any component thereof, terminates
pursuant to the preceding sentence, each position and
office therein which was expressly authorized by law, or the incumbent of which was
authorized to receive compensation at the rates prescribed for an office or position at
level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313-5316), shall terminate.
* * *
SAVINGS PROVISIONS
Sec. 705. (a) All orders, determinations, rules, regulations, permits, contracts,
certificates, licenses and privileges --
(1) which have been issued, made, granted, or allowed to become effective by the
President, any Federal department or agency or official thereof, or by a court of
competent jurisdiction, in the performance of functions which are transferred under this
Act to the Department or the Commission after the date of enactment of this Act, and
(2) which are in effect at the time of this Act takes effect, shall continue in effect
according to their terms until modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary, the Federal Energy Regulatory
Commission, or other authorized officials, a court of competent jurisdiction, or by
operation of law.
(b)(1) The provisions of this Act shall not affect any proceedings or any application
for any license, permit, certificate, or financial assistance pending at the time this Act
takes effect before any department, agency, commission, or component thereof, functions
of which are transferred by this Act; but such proceedings and applications, to the extent
that they relate to functions so transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant
to such orders, as if this Act had not been enacted; and orders issued in any such
proceedings shall continue in effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be deemed to prohibit the discontinuance or modification
of any
[91 STAT. 607]
such proceeding under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act had not been enacted.
(2) The Secretary and the Commission are authorized to promulgate regulations
providing for the orderly transfer of such proceedings to the Department or the
Commission.
(c) Except as provided in subsection (e) --
(1) the provisions of this Act shall not affect suits commenced prior to the date this
Act takes effect, and,
(2) in all such suits, proceedings shall be had, appeals taken, and judgements
rendered in the same manner and effect as if this Act had not been enacted.
(d) No suit, action, or other proceeding commenced by or against any officer in his
official capacity as an officer of any department or agency, functions of which are
transferred by this Act, shall abate by reason of the enactment of this Act. No cause of
action by or against any department or agency, functions of which are transferred by this
Act, or by or against any officer thereof in his official capacity shall abate by reason of
the enactment of this Act.
(e) If, before the date on which this Act takes effect, any department or agency, or
officer thereof in his official capacity, is a party to a suit, and under this Act any function
of such department, agency, or officer is transferred to the Secretary or any other official,
then such suit shall be continued with the Secretary or other official, as the case may be,
substituted.
* * *
REFERENCE
Sec. 707. With respect to any functions transferred by this Act and exercised after
the effective date of this Act, reference in any other Federal law to any department,
commission, or agency or any officer or office the functions of which are so transferred
shall be deemed to refer to the Secretary, the Federal Energy Regulatory Commission, or
other official or component of the Department in which this Act vests such functions.
* * * DEPARTMENT OF EDUCATION ORGANIZATION ACT
An Act to establish a Department of Education, and for other purposes; Pub. L.
96-88 (S. 210); 93 STAT. 668, 677, 692 (October 17, 1979).
[93 STAT. 668]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
* * *
[93 STAT. 677]
TITLE III -- TRANSFERS OF AGENCIES AND FUNCTIONS
TRANSFERS FROM THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
Sec. 301. (a) There are transferred to the Secretary -- (1) all functions of the
Assistant Secretary for Education and of the Commissioner of Education of the
Department of Health, Education, and Welfare, and all functions of the Office of such
Assistant Secretary and of the Education Division of the Department of Health,
Education, and Welfare and of any officer or component of such Office or Division;
* * *
[93 STAT. 692]
REFERENCE
Sec. 507. With respect to any function transferred by this Act and exercised on or
after the effective date of this Act, reference in any other Federal law to any department,
commission, or agency or any officer or office the functions of which are so transferred
shall be deemed to refer to the Secretary, other official, or component of the Department
to which this Act transfers such functions.
* * *
APPROPRIATIONS
SUPPLEMENTAL APPROPRIATIONS ACT. 1978
An Act making supplemental appropriations for the fiscal year ending September
30, 1978, and for other purposes; Pub. L. 95-240 (H.R. 9375); 92 STAT. 107, 109
(March 7, 1978).
[92 STAT. 107]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated out of any
money in the Treasury not otherwise appropriated to supply supplemental appropriations
(this Act may be cited as the "Supplemental Appropriations Act, 1978") for the fiscal year
ending September 30, 1978, and for other purposes, namely:
* * *
[92 STAT. 109]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
ENFORCEMENT AND RESEARCH
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $30,880,000.
ABANDONED MINE RECLAMATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of Title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $36,647,000, to remain
available until expended: Provided, That $36,647,000 shall be transferred from
unappropriated receipts of the Abandoned Mine Reclamation Fund into the General Fund
of the Treasury prior to September 30, 1978.
ADMINISTRATIVE PROVISIONS
Appropriations for the Office of Surface Mining Reclamation and Enforcement shall
be available for the purchase of not to exceed 58 passenger motor vehicles: Provided,
That none of the funds provided in this Act for the Office of Surface Mining Reclamation
and Enforcement shall be available for the compensation of Executive Level IV or higher
positions: Provided further, That section 201(b) of the Surface Mining Control and
Reclamation Act of 1977 (91 Stat. 445) is amended to delete the roman numeral "IV" in
the first sentence and substitute the roman numeral "V" in lieu thereof.
* * * AUTHORIZATION, APPROPRIATIONS--DEPARTMENT OF
THE INTERIOR AND RELATED AGENCIES
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1979, and for other purposes; Pub.
Law 95-465 (H.R. 12932), 92 STAT. 1279, 1286 (October 17, 1978).
[92 STAT. 1279]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1979, and for other purposes,
namely:
* * *
[92 STAT. 1286]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $53,944,000.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of Title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, to remain available until
expended, $61,451,000, to be derived from receipts of the Abandoned Mine Reclamation
Fund.
ADMINISTRATIVE PROVISION
Appropriations for the Office of Surface Mining Reclamation and Enforcement shall
be available for the purchase of not to exceed 10 passenger motor vehicles.
APPROPRIATIONS--DEPARTMENT OF THE INTERIOR
AND RELATED AGENCIES
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1980, and for other purposes; Pub;
L. 96-126 (H.R. 4930); 93 STAT. 954, 962, 967 (November 27, 1979).
[93 STAT. 954]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1980, and for other purposes,
namely:
* * *
[93 STAT. 962]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $84,687,000.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, to remain available until
expended, $94,916,000, to be derived from receipts of the Abandoned Mine Reclamation
Fund.
[93 STAT. 967]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior and for the
emergency rehabilitation of burned-over lands under its jurisdiction, and for emergency
reclamation projects under section 410 of Public-Law 95-87: Provided, That
appropriations made in this title for fire suppression purposes shall be available for the
payment of obligations incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or other equipment in
connection with their use for fire suppression purposes, such reimbursement to be
credited to appropriations currently available at the time of receipt thereof: Provided
further, That no appropriations made in this title shall be available for acquisition of
automatic data processing equipment, software, or services in excess of $1,000,000
systems life cost, without prior approval of the Secretary.
APPROPRIATIONS--DEPARTMENT OF THE INTERIOR
AND RELATED AGENCIES FOR FISCAL YEAR, 1981
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1981, and for other purposes; Pub.
L. 96-514 (H.R. 7724); 94 STAT. 2957, 2966, 2971 (December 12, 1980).
[94 STAT. 2957]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year September 30, 1981, and for other purposes, namely:
* * *
[94 STAT. 2966]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $92,833,000 including the purchase of
not to exceed 34 passenger motor vehicles for replacement only.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 34 passenger motor vehicles for replacement only, to remain available until
expended, $82,485,000 of which $16,000,000 shall be available to the Bureau of Mines
to carry out research, demonstration, and reclamation projects authorized by section 403,
Public Law 95-87, to be derived from receipts of the Abandoned Mine Reclamation Fund.
[94 STAT. 2971]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior and for the
emergency rehabilitation of burned-over lands under its jurisdiction, and for emergency
reclamation projects under section 41 of Public-Law 95-87: Provided, That
appropriations made in this title for fire suppression purposes shall be available for the
payment of obligations incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or other equipment in
connection with their use for fire suppression purposes, such reimbursement to be
credited to appropriations currently available at the time of receipt thereof: Provided
further, That no appropriations made in this title shall be available for acquisition of
automatic data processing equipment, software, or services in excess of $1,000,000
systems life cost, without prior approval of the Secretary.
SUPPLEMENTAL APPROPRIATIONS AND
RESCISSION ACT, 1981
An Act making supplemental and further continuing appropriations for the fiscal
year ending September 30, 1981, rescinding certain budget authority, and for other
purposes; Pub. L. 97-12 (H.R. 3512); 95 STAT. 14, 45 (June 5, 1981).
[95 STAT. 14]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to supply supplemental appropriations
(this Act may be cited as the "Supplemental Appropriations and Rescission Act, 1981")
for the fiscal year ending September 30, 1981, that the following rescissions of budget
authority are made, and for other purposes, namely:
* * *
[95 STAT. 45]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
(RESCISSION AND DEFERRAL)
Of the funds appropriated under this head in the Department of the Interior and
Related Agencies Appropriations Act, 1981 (Public Law 96-514), $3,154,000 are
rescinded and $5,800,000 shall not become available for obligation until October 1, 1981,
to remain available for obligation until September 30, 1982.
OMNIBUS BUDGET RECONCILIATION ACT OF 1981
An Act to provide for reconciliation pursuant to section 301 of the first concurrent
resolution on the budget for the fiscal year 1982; Pub. L. 97-35 (H.R. 3982); 95
STAT. 357, 748 (August 13, 1981).
SHORT TITLE
[95 STAT. 357]
SECTION 1. This Act may be cited as the "Omnibus Budget Reconciliation Act of
1981".
* * *
[95 STAT. 748]
Sec. 1401. (a) Notwithstanding any other provision of law, there shall not be
appropriated to the Secretary of the Interior for Department of the Interior programs as
defined in subsection (e) in excess of $4,095,404,000 for the fiscal year ending on
September 30, 1981; in excess of $3,970,267,000 for the fiscal year ending on September
30, 1982; $4,680,223,000 for the fiscal year ending on September 30, 1983; and
$4,797,281,000 for the fiscal year ending on September 30, 1984.
(b) It is the sense of the Congress that the appropriations targets for such fiscal years
should be: * * * not less than $6,200,000 to be appropriated annually to carry out the
provisions of title III of the Surface Mining Control and Reclamation Act of 1977 (91
Stat. 445); and not less than $100,000,000 to be appropriated annually pursuant to the Act
of October 20, 1976 (90 Stat. 2662; 31 U.S.C. 1601, et seq.) including not less than
$5,000,000 annually to carry out the purposes of section 3 of said Act.
(c) Notwithstanding the limitation otherwise imposed by subsection (a) of this
section--
(1) the authorization for obligation and appropriations for the Department of the
Interior may exceed the amount specified in subsection (a) by such amount as permanent
and annual indefinite appropriations exceed the estimates for such appropriations as
contained in "The Budget of the United States Government, Fiscal Year 1982," as revised
by the March 1981, publication of the Office of Management and Budget entitled "Fiscal
Year 1982 Budget Revisions", when receipts available to be appropriated equal or exceed
such appropriations, and
* * *.
APPROPRIATIONS--DEPARTMENT OF THE INTERIOR--
FISCAL YEAR 1982
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1982, and for other purposes; Pub.
L. 97-100 (H.R. 4035); 95 STAT. 1391, 1398, 1403 (December 23, 1981).
[95 STAT. 1391]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1982, and for other purposes,
namely:
* * *
[95 STAT. 1398]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $60,953,000 including the purchase of
not to exceed 10 passenger motor vehicles for replacement only.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 15 passenger motor vehicles for replacement only, to remain available until
expended $106,335,000, of which $16,000,000 shall be available to the Bureau of Mines
to carry out research, demonstration, and reclamation projects authorized by section 403,
Public Law 95-87, to be derived from receipts of the Abandoned Mine Reclamation Fund.
[95 STAT. 1403]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior and for the
emergency rehabilitation of burned-over lands under section 41 of Public-Law 95-87:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof: Provided
further, That no appropriations made in this title shall be available for acquisition of
automatic data processing equipment, software, or services in excess of $1,000,000
systems life cost, without prior approval of the Secretary.
SUPPLEMENTAL APPROPRIATIONS ACT, 1982
An Act making supplemental appropriations for the fiscal year ending September
30, 1982, and for other purposes; Pub. L. 97-257 (H.R. 6863), 96 STAT. 818, 838,
841 (September 10, 1982).
[96 STAT. 818]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to supply supplemental appropriation
for the fiscal year ending September 30, 1982, and for other purposes, namely:
* * *
[96 STAT. 838]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
ABANDONED MINE RECLAMATION FUND
For an additional amount for "Abandoned Mine Reclamation Fund", $13,251,000
for the purposes of section 406 of Public Law 95-87.
[96 STAT. 841]
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For an additional amount for "Fossil energy research and development", $1,080,000,
to remain available until expended: Provided, That there are transferred to, and vested in,
the Secretary of the Interior all functions vested in, or delegated to, the Secretary of
Energy and the Department of Energy under or with respect to (1) the Act of May 16,
1910, and other authorities formerly exercised by the Bureau of Mines, but limited to
research and development relating to increased efficiency of production technology of
solid fuel minerals; (2) section 908 of the Surface Mining Control and Reclamation Act of
1977, relating to research and development concerning alternative coal mining
technologies (30 U.S.C. 1328); (3) sections 5(g)(2), 8(a)(4), 8(a)(9), 27(b)(2)(3) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1334(g)(2) and 1337(a)(4) and 1337(a)(9);
and (4) section 105 of the Energy Policy and Conservation Act (42 U.S.C. 6213):
Provided further, That the personnel employed, personnel positions, equipment, facilities,
and unexpended balances of the aforementioned transferred programs shall be merged
with the "Mines and minerals" account of the Bureau of Mines.
CONTINUING APPROPRIATIONS, FISCAL YEAR 1983
Joint resolution making continuing appropriations for the fiscal year 1983, and for
other purposes; Pub. L. 97-276 (H.J. Res. 599); 96 STAT. 1186, 1187 (October 2,
1982).
[96 STAT. 1186]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments, agencies, corporations,
and other organizational units of the Government for the fiscal year 1983, and for other
purposes, namely: * * *
[96 STAT. 1187]
Sec. 101(5)(b) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for, which were conducted in the fiscal year 1982,
under the current terms and conditions and at a rate to maintain current operating levels: *
* *
* * * including those activities conducted pursuant to section 167 of the Energy Policy
and Conservation Act of 1975 (Public Law 94-163), as amended, for which provision was
made in the Department of the Interior and Related Agencies Appropriation Act, 1982:
Provided, That no programs or facilities funded therein may be terminated unless such
termination is specifically approved in the appropriations process, including
reprogramming.
FURTHER CONTINUING APPROPRIATIONS, 1983
Joint resolution making further continuing appropriations and providing for
productive employment for the fiscal year 1983, and for other purposes; Pub. L.
97-377 (H.J. Res. 631), 96 STAT. 1830, 1918 (December 21, 1982).
[96 STAT. 1830]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments, agencies, corporations,
and other organizational units of the Government for the fiscal year 1983, and for other
purposes, namely:
* * *
[96 STAT. 1918]
Sec. 150. Within 60 days of receipt of a complete abandoned mine reclamation fund
grant application from any eligible State under the provisions of the Surface Mining
Control and Reclamation Act (91 Stat. 460) the Secretary of Interior shall grant to such
State any and all funds available for such purposes in the applicable appropriations Act.
* * *
INTERIOR DEPARTMENT AND RELATED AGENCIES,
APPROPRIATIONS FOR FISCAL YEAR 1983
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1983, and for other purposes; Pub.
L. 97-394 (H.R. 7356); 96 STAT. 1966, 1974, 1981 (December 30, 1982).
[96 STAT. 1966]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1983, and for other purpose,
namely:
* * *
[96 STAT. 1974]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $60,356,000, including the purchase of
not to exceed 35 passenger motor vehicles for replacement only.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 10 passenger motor vehicles for replacement only, to remain available until
expended, $161,209,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund: Provided, That pursuant to Public Law 97-365, the Department of the
Interior is authorized to utilize up to 20 percent from the recovery of the delinquent debt
owed to the United States Government to pay for contracts to collect these debts:
Provided further, That of the funds made available to the States to contract for
reclamation projects authorized in section 406(a) of Public Law 95-87, administrative
expenses may not exceed 15 percent.
[96 STAT. 1981]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior and for the
emergency rehabilitation of burned-over lands under its jurisdiction, and for emergency
reclamation projects section 41 of Public-Law 95-87, and shall transfer from any no year
funds available, to the Office of Surface Mining such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act, such funds to be replenished by a
supplemental appropriation which must be requested as promptly as possible: Provided,
That appropriations made in this title for fire suppression purposes shall be available for
the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That no appropriations made in this title shall be available for
acquisition of automatic data processing equipment, software, or services in excess of
$1,000,000 systems life cost, without prior approval of the Secretary.
SUPPLEMENTAL APPROPRIATIONS ACT, 1983
An Act making supplemental appropriations for the fiscal year ending September
30, 1983, and for other purposes; Pub. L. 98-63 (H.R. 3069); 97 STAT. 301, 325,
327-328 (July 30, 1983).
[97 STAT. 301]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to supply supplemental appropriations
for the fiscal year ending September 30, 1983, and for other purposes, namely:
* * *
[97 STAT. 325]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
ABANDONED MINE RECLAMATION FUND
For an additional amount for "Abandoned Mine Reclamation Fund", $51,870,000,
to remain available until expended.
[97 STAT. 327]
OFFICE OF THE SOLICITOR
For an additional amount for "Office of the Solicitor", $484,000 for the diligent and
immediate pursuance of alternative enforcement measures to enforce previously issued
cessation orders against coal mine operators who have not abated the conditions for which
the cessation order was issued and to accelerate collection of amounts
[97 STAT. 328]
assessed for violation of the Surface Mining Control and Reclamation Act of 1977.
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1984
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1984, and for other purposes; Pub.
L. 98-146 (H.R. 3363); 97 STAT. 919, 927-928, 933 (November 4, 1983).
[97 STAT. 919]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1984, and for other purposes,
namely:
* * *
[97 STAT. 927]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87,
[97 STAT. 928]
$65,450,000, including the purchase of not to exceed 19 passenger motor vehicles, of
which 9 shall be for replacement only.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 9 shall be for replacement only, to
remain available until expended, $229,228,000 to be derived from receipts of the
Abandoned Mine Reclamation Fund: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 percent from the recovery of
the delinquent debt owed to the United States Government to pay for contracts to collect
these debts: Provided further, That of the funds made available to the States to contract
for reclamation projects authorized in section 406(a) of Pubic Law 95-87, administrative
expenses may not exceed 15 percent.
* * *
[97 STAT. 933]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any major
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior and for the
emergency rehabilitation of burned-over lands under its jurisdiction and for emergency
actions related to potential or actual earthquakes or volcanoes, and for emergency
reclamation projects under section 41 of Public-Law 95-87 and shall transfer from any no
year funds available, to the Office of Surface Mining such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act, such funds to be replenished by a
supplemental appropriation which must be requested as promptly as possible: Provided,
That appropriations made in this title for fire suppression purposes shall be available for
the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That no appropriations made in this title shall be available for
acquisition of automatic data processing equipment, software, or services in excess of
$1,000,000 systems life cost, without prior approval of the Secretary.
[97 STAT. 938]
Sec. 115. Notwithstanding section 507(b)(14) of the Surface Mining Control and
Reclamation Act of 1977 (Public Law 95-87), cross-sections,
maps or plans of land to be affected by an application for a surface mining and
reclamation permit shall be prepared by or under the direction of a qualified registered
professional engineer or geologist, or qualified registered professional land surveyor in
any State which authorizes land surveyors to prepare and certify such maps or plans.
* * *
SUPPLEMENTAL APPROPRIATIONS ACT, 1984;
DOMESTIC HOUSING AND INTERNATIONAL RECOVERY
AND FINANCIAL STABILITY ACT
An Act making supplemental appropriations for the fiscal year ending September
30, 1984, and for other purposes; Pub. L. 98-181 (H.R. 3959); 97 STAT. 1153, 1294-1295 (November 30, 1983).
[97 STAT. 1153]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to provide supplemental
appropriations for the fiscal year ending September 30, 1984, and for other purposes,
namely:
* * *
[97 STAT. 1294]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
ABANDONED MINE RECLAMATION FUND
For an additional amount for "Abandoned Mine Reclamation Fund", $42,000,000,
to remain available until expended, to be derived from receipts of the Abandoned Mine
Reclamation Fund to provide for the acquisition of private homes and businesses and
nonprofit buildings occupied or utilized continuously since September 1, 1983, and the
lands on which they are located, excluding all mineral interests, and the relocation of
families and individuals residing in the Borough of Centralia and the Village of
Byrnesville and on outlying properties who are threatened by the progressive movement
of the mine fire currently burning in and around the borough of Centralia: Provided, That
all acquisitions made by the Commonwealth of Pennsylvania under the authority provided
herein shall be at fair market value without regard to mine fire related damages as was
properly done by OSM in its prior acquisitions of Centralia properties. These activities
must comply with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601, et seq.), but shall not constitute a major action
within the meaning of section 102(2)(c) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332): Provided further,
[97 STAT. 1295]
That no funds may be used to pay for the actual construction costs of permanent housing:
Provided further, That the Federal discretionary share shall not exceed 75 percent of the
cost of such acquisition or relocation: Provided further, That any funds remaining
available following completion of these acquisition and relocation activities may be made
available to the Commonwealth of Pennsylvania to undertake other approved reclamation
projects pursuant to section 405 of the Surface Mining Control and Reclamation Act of
1977: Provided further, That funds made available under this head to the Commonwealth
of Pennsylvania shall be accounted against the total Federal and State share funding
which is eventually allocated to the Commonwealth.
SUPPLEMENTAL APPROPRIATIONS, 1984
Joint Resolution making an urgent supplemental appropriation for the fiscal year
ending September 30, 1984, for the Department of Agriculture; Pub. L. 98-332
(H.J. Res. 492); 98 STAT. 283, 285-286 (July 2, 1984).
[98 STAT. 283]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal year ending September
30, 1984: namely:
* * *
[98 STAT. 285]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
ABANDONED MINE RECLAMATION FUND
Notwithstanding any other provision of law, within the amounts provided under this
head in the Department of the Interior and Related Agencies Appropriation Act, 1984
(Public Law 98-146), $1,000,000 shall be made available to the State of Montana for
[98 STAT. 286]
reclamation grants pursuant to section 402(g)(2) of Public Law 95-87 for reclamation of
the Colorado Tailings site in Montana.
SECOND SUPPLEMENTAL APPROPRIATION ACT, 1984
An Act making supplemental appropriations for the fiscal year ending September
30, 1984, and for other purposes; Pub. L. 98-396 (H.R. 6040); 98 STAT. 1369, 1387
(August 22, 1984).
[98 STAT. 1396]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to supply supplemental appropriations
for the fiscal year ending September 30, 1984, and for other purposes, namely:
* * *
[98 STAT. 1387]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For an additional amount for "Regulation and technology", $4,775,000.
CONTINUING APPROPRIATIONS, 1985--COMPREHENSIVE
CRIME CONTROL ACT OF 1984
Joint resolution making continuing appropriations for the fiscal year 1985, and for
other purposes; Pub. L. 98-473 (H.J. Res. 648); 98 STAT. 1837, 1847, 1852-1853,
1875 (October 12, 1984).
[98 STAT. 1837]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled,
TITLE I
That the following sums are hereby appropriated, out of any money in the Treasury
not otherwise appropriated, and out of applicable corporate or other revenues, receipts,
and funds, for the several departments, agencies, corporations, and other organizational
units of the Government for the fiscal year 1985, and for other purposes, namely:
* * *
[98 STAT. 1847]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $76,625,000, including the purchase of
not to exceed 14 passenger motor vehicles of which 9 shall be for replacement only; and
uniform allowances of not to exceed $400 for each uniformed employee of the Office of
Surface Mining Reclamation and Enforcement.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 15 shall be for replacement only, to
remain available until expended, $303,001,000 to be derived from receipts of Abandoned
Mine Reclamation Fund: Provided, That pursuant of Public Law 97-365, the Department
of the Interior is authorized to utilize up to 20 percent from the recovery of the delinquent
debt owed to the United States Government to pay for contracts to collect these debts:
Provided further, That of the funds made available to the States to contract for
reclamation projects authorized in section 406(a) of Public law 95-87, administrative
expenses may not exceed 15 percent: Provided further, That none of these funds shall be
used to increase over the fiscal year 1984 level a reclamation grant to any State which has
no active program to review regulatory permits for those individuals who have
outstanding fines or penalties related to past coal mining violations.
* * *
[98 STAT. 1852]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for expenditure or
transfer (within each bureau or office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for emergencies shall have
been exhausted.
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes or volcanoes; for emergency reclamation
projects under Section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and Enforcement, such funds
as may be necessary to permit assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the Surface Mining Act; Provided ,
That appropriations made in this title for fire suppression purposes shall be available for
the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment
[98 STAT. 1853]
in connection with their use for fire suppression purposes, such reimbursement to be
credited to appropriations currently available at the time of receipt thereof: Provided
further, That funds transferred pursuant to this section must be requested as promptly as
possible.
* * *
[98 STAT. 1875]
* * *
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 324. Notwithstanding any other provision of this joint resolution or any other
law, section 401(c)(1) of Public Law 95-87 is amended by striking the word "and" after
the words "in situ;" and adding the following after the word "subsidence;": "and
establishment of self-sustaining, individual State administered programs to insure private
property against damages caused by land subsidence resulting from underground coal
mining in those States which have reclamation plans approved in accordance with section
503 of this Act: Provided, That funds used for this purpose shall not exceed $3,000,000
of the funds made available to any State under Section 402(g)(2) of this Act;".
* * *
Sec. 326. The land acquisition and relocation authorized for Centralia,
Pennsylvania, under chapter IV of Public Law 98-181 shall not require any matching
share of funding from the State of Pennsylvania under Section 407(e) of the "Surface
Mining Control and Reclamation Act of 1977".
FURTHER CONTINUING APPROPRIATIONS, 1985
Joint Resolution making further continuing appropriations for the fiscal year 1986,
and for other purposes; Pub. L. 99-190 (H.J. Res. 465); 99 STAT. 1185, 1224, 1233-1234, 1241 (December 19, 1985).
[99 STAT. 1185]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments, agencies, corporations,
and other organizational units of the Government for the fiscal year 1986, and for other
purposes, namely: * * *
[99 STAT. 1224]
* * *
Sec. 101 "(d) Such amounts as may be necessary for programs, projects or activities
provided for in the Department of the Interior and Related Agencies Appropriations Act,
1986, at a rate of operations and to the extent and in the manner provided as follows, to
be effective as if it had been enacted into law as the regular appropriations Act:".
[99 STAT. 1233]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $85,153,000, including the purchase of
not to exceed 14 passenger motor vehicles, of which 9 shall be for replacement only; and
uniform allowances of not to exceed $400 for each uniformed employee of the Office of
Surface Mining Reclamation and Enforcement; and notwithstanding 31 U.S.C. 3302, an
amount equal to receipts to the General Fund of the Treasury from performance bond
forfeitures, estimated at $500,000 in fiscal year 1986, to remain available until expended:
Provided, That no funds shall be used to finalize or implement any proposed rule, or take
any other action which would result in the adoption by the Office of Surface Mining
Reclamation and Enforcement of a rule or regulation pursuant to section 507(a) of Public
Law 95-87 which would require applicants to reimburse the Department of the Interior for
costs incurred in the collection of application fees for permits to conduct surface coal
mining and reclamation operations; for permits to conduct coal exploration; for
processing mining plans; or for the review of surface coal mining and reclamation
permits.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 15 shall be for replacement only, to
remain available until expended, $207,385,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That of the funds made available to the States to
contract for reclamation projects authorized in section 406(a) of Public law 95-87,
administrative expenses may not exceed 15 per centum: Provided further, That none of
these funds shall be
[99 STAT. 1234]
used for a reclamation grant to any State if the State has not agreed to participate in a
nationwide data system established by the Office of Surface Mining Reclamation and
Enforcement through which all permit application are reviewed and approvals withheld if
the applicants (or those who control the applicants) applying for or receiving such permits
have outstanding State or Federal air or water quality violations in accordance with
section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), including failure to
abate cessation orders, outstanding civil penalties associated with such failure to abate
cessation orders or uncontested past due Abandoned Mine Land fees: Provided further,
That the Secretary of the Interior may deny fifty percent of an Abandoned Mine
Reclamation fund grant, available to a State pursuant to title IV of Public law 95-87,
when pursuant to the procedures set forth in section 521 of the Act, the Secretary
determines that a State is systematically failing to adequately administer the enforcement
provisions of the approved State regulatory program. Funds will be denied until such
time as the State and the Office of Surface Mining Reclamation and Enforcement have
agreed upon an explicit plan of action for correcting the enforcement deficiency. A State
may enter into such agreement without admission of culpability. If a State enters into
such agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as
long as the State is complying with the terms of the agreement: Provided further, That
expenditure of moneys as authorized in section 402(g)(3) shall be on a priority basis with
the first priority being protection of public health, safety, general welfare, and property
from extreme danger of adverse effects of coal mining practices, as stated in section 403
of Public Law 95-87.
[99 STAT. 1241]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions relate to potential or actual earthquakes, floods or volcanoes; for emergency
reclamation projects under section 41 of Public-Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption of regulatory authority in the event
a primacy State is carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That funds transferred pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as possible.
CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1987
Joint Resolution making continuing appropriations for the fiscal year 1987, and for
other purposes; P.L. 99-500 (H.J.Res. 738); 100 STAT. 1783, 1783-243, 1783-253,
1783-254, 1783-260 (October 18, 1986).
[100 STAT. 1783]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are hereby appropriated, out of
any money in the Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments, agencies, corporations,
and other organizational units of the Government for the fiscal year 1987, and for other
purposes, namely:
Sec. 101. (a) Such amounts as may be necessary for programs, projects or activities
provided for in the Agriculture, Rural Development, and Related Agencies
Appropriations Act, 1987, at a rate of operations and to the extent and in the manner
provided as follows, to be effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT
Making appropriations for Agriculture, Rural Development, and Related Agencies
programs for the fiscal year ending September 30, 1987, and for other purposes.
* * *
[100 STAT. 1783-243]
Sec. 101(h)
AN ACT
Making appropriations for the Department of the Interior and Related Agencies for
the fiscal year ending September 30, 1987, and for other purposes.
TITLE I - DEPARTMENT OF THE INTERIOR
* * *
[100 STAT. 1783-253]
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, including the purchase of not to exceed
14 passenger motor vehicles, of which 9 shall be for replacement only; and uniform
allowances of not to exceed $400 for each uniformed employee of the Office of
[100 STAT. 1783-254]
Surface Mining Reclamation and Enforcement; $100,003,000, and notwithstanding 31
U.S.C. 3302, an additional amount, to remain available until expended, equal to receipts
to the General Fund of the Treasury from performance bond forfeitures in fiscal year
1987.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 15 shall be for replacement only, to
remain available until expended, $203,720,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That of the funds made available to the States to
contract for reclamation projects authorized in section 406(a) of Public Law 95-87,
administrative expenses may not exceed 15 per centum: Provided further, That none of
these funds shall be used for a reclamation grant to any State if the State has not agreed to
participate in a nationwide data system established by the Office of Surface Mining
Reclamation and Enforcement through which all permit applications are reviewed and
approvals withheld if the applicants (or those who control the applicants) applying for or
receiving such permits have outstanding State or Federal air or water quality violations in
accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), or
failure to abate cessation orders, outstanding civil penalties associated with such failure to
abate cessation orders, or uncontested past due Abandoned Mine Land fees: Provided
further, That notwithstanding any legislative or judicial requirement, the Office of Surface
Mining Reclamation and Enforcement may delay the finalization of the proposed
rulemaking amending parts 773 and 778 of the Code of Federal Regulations as published
in the Federal Register on April 5, 1985 (50 FR 13724) until March 31, 1987: Provided
further, That the Secretary of the Interior may deny fifty percent of an Abandoned Mine
Reclamation fund grant, available to a State pursuant to title IV of Public Law 95-87, in
accordance with the procedures set forth in section 521(b) of the Act, when the Secretary
determines that a State is systematically failing to administer adequately the enforcement
provisions of the approved State regulatory program. Funds will be denied until such
time as the State and the Office of Surface Mining Reclamation and Enforcement have
agreed upon an explicit plan of action for correcting the enforcement deficiency. A State
may enter into such agreement without admission of culpability. If a State enters into
such agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as
long as the State is complying with the terms of the agreement: Provided further, That
expenditure of moneys as authorized in section 402(g)(3) of Public Law 95-87 shall be on
a priority basis with the first priority being protection of pubic health, safety, general
welfare, and property from extreme danger of adverse effects of coal mining practices, as
stated in section 403 of Public Law 95-87.
* * *
[100 STAT. 1783-260]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions relate to potential or actual earthquakes, floods or volcanoes; for emergency
reclamation projects under section 41 of Public-Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption of regulatory authority in the event
a primacy State is carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That funds transferred pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as possible.
CONTINUING APPROPRIATIONS, FISCAL YEAR 1987
Joint Resolution making continuing appropriations for the fiscal year 1987, and for
other purposes; P.L. 99-591(H.J. Res 738); 100 STAT. 3341-260, 3341-253, 254,
3341-267 (October 30, 1986).
[100 STAT. 3341]
Resolved by the Senate and House of Representatives of the United States of America in
Congress assembled, that the following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, for the several departments, agencies, corporations, and
other organizational units of the Government for the fiscal year 1987, and for other
purposes, namely:
* * *
[100 STAT. 3341-253]
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, including the purchase of not to exceed
14 passenger motor vehicles, of which 9 shall be for replacement only; and uniform
allowances of not to exceed $400 for each uniformed employee of the Office
[100 STAT. 3341-254]
Surface Mining Reclamation and Enforcement; $100,003,000, and notwithstanding 31
U.S.C. 3302, an additional amount, to remain available until expended, equal to receipts
to the General Fund of the Treasury from performance bond forfeitures in fiscal year
1987.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 15 shall be for replacement only, to
remain available until expended, $203,720,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That of the funds made available to the States to
contract for reclamation projects authorized in section 406(a) of Public Law 95-87,
administrative expenses may not exceed 15 per centum: Provided further, That none of
these funds shall be used for a reclamation grant to any State if the State has not agreed to
participate in a nationwide data system established by the Office of Surface Mining
Reclamation and Enforcement through which all permit applications are reviewed and
approvals withheld if the applicants (or those who control the applicants) applying for or
receiving such permits have outstanding State or Federal air or water quality violations in
accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), or
failure to abate cessation orders, outstanding civil penalties associated with such failure to
abate cessation orders, or uncontested past due Abandoned Mine Land fees: Provided
further, That notwithstanding any legislative or judicial requirement, the Office of Surface
Mining Reclamation and Enforcement may delay the finalization of the proposed
rulemaking amending Parts 773 and 778 of the Code of Federal Regulations as published
in the Federal Register on April 5, 1985 (50 FR 13724) until March 31, 1987: Provided
further, That the Secretary of the Interior may deny fifty percent of an Abandoned Mine
Reclamation fund grant, available to a State pursuant to title IV of Public Law 95-87, in
accordance with the procedures set forth in section 521(b) of the Act, when the Secretary
determines that a State is systematically failing to administer adequately the enforcement
provisions of the approved State regulatory program. Funds will be denied until such
time as the State and the Office of Surface Mining Reclamation and Enforcement have
agreed upon an explicit plan of action for correcting the enforcement deficiency. A State
may enter into such agreement without admission of culpability. If a State enters into
such agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as
long as the State is complying with the terms of the agreement: Provided further, That
expenditure of moneys as authorized in section 402(g)(3) of Public Law 95-87 shall be on
a priority basis with the first priority being protection of pubic health, safety, general
welfare, and property from extreme danger of adverse effects of coal mining practices, as
stated in section 403 of Public Law 95-87.
[100 STAT. 3341-260]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods or volcanoes; for emergency
reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption or regulatory authority in the event
a primacy State is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That all funds used pursuant to his section must be replenished by a
supplemental appropriation which must be requested as promptly as possible.
* * *
[100 STAT. 3341-267]
* * *
Sec. 123. Section 515(b)(10)(B)(ii) of the Surface Mining Control and Reclamation
Act of 1977 is amended by inserting after "qualified registered engineer" the following:
"or a qualified registered professional land surveyor in any State which authorizes land
surveyors to prepare and certify such maps or plans".
* * *
SUPPLEMENTAL APPROPRIATIONS ACT, 1987
An Act making supplemental appropriations for the fiscal year ending September
30, 1987, and for other purposes; P.L. 100-71 (H.R. 1827); 101 STAT. 391, 416
(July 11, 1987).
[101 STAT. 391]
Be it enacted by the Senate and House of Representatives of the United State of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to provide supplemental
appropriations for the fiscal year ending September 30, 1987, and for other purposes,
namely:
* * *
[101 STAT. 416]
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
ABANDONED MINE RECLAMATION FUND
Section 405(k) of the Surface Mining Control and Reclamation Act of 1977 (Public
Law 95-87) is amended by adding at the end thereof, "except for purposes of subsection
(c) of this section with respect to the Navajo, Hopi and Crow Indian Tribes".
* * *
CONTINUING APPROPRIATIONS, FISCAL YEAR 1988
Joint Resolution making further continuing appropriations for the fiscal year 1988,
and for other purposes; P.L. 100-202 (H.J.Res 395); 101 STAT. 1329, 1329-214,
1329-226, 1329-227, 1329-233 (December 22, 1987)
[101 STAT. 1329]
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That--
* * *
[101 STAT. 1329-214]
CONTINUING APPROPRIATIONS 1988
AN ACT
Making appropriations for the Department of the Interior and Related Agencies for
the fiscal year ending September 30, 1988, and for other purposes.
TITLE I -- DEPARTMENT OF THE INTERIOR
* * *
[101 STAT. 1329-226]
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, including the purchase of not to exceed
14 passenger motor vehicles, of which 9 shall be for replacement only; and uniform
allowances of not to exceed $400 for each uniformed employee of the Office of Surface
Mining Reclamation and Enforcement; $102,125,000, and notwithstanding 31 U.S.C.
3302, an additional amount, to remain available until expended, equal to receipts to the
General Fund of the Treasury from performance bond forfeitures in fiscal year 1988:
Provided, That notwithstanding any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through grants to States in fiscal year 1988,
moneys collected pursuant to the assessment of civil penalties under section
[101 STAT. 1329-227]
518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices after August 3, 1977: Provided
further, That the Secretary of the Interior shall abide by and adhere to the terms of the
Settlement Agreement in NWR v. Miller, C.A. No. 86-99 (E.D. Ky), and not take any
actions inconsistent with the provisions of footnote 3 of the Agreement with respect to
any State or Federal program.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provision of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 15 shall be for replacement only,
$199,380,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and
to remain available until expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That of the funds made available to the States to
contract for reclamation projects authorized in section 406(a) of Public Law 95-87,
administrative expenses may not exceed 15 per centum: Provided further, That none of
these funds shall be used for a reclamation grant to any State if the State has not agreed to
participate in a nationwide data system established by the Office of Surface Mining
Reclamation and Enforcement through which all permit applications are reviewed and
approvals withheld if the applicants (or those who control the applicants) applying for or
receiving such permits have outstanding State or Federal air or water quality violations in
accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), or
failure to abate cessation orders, outstanding civil penalties associated with such failure to
abate cessation orders, or uncontested past due Abandoned Mine Land fees: Provided
further, That the Secretary of the Interior may deny 50 percent of an Abandoned Mine
Reclamation fund grant, available to a State pursuant to title IV of Public Law 95-87, in
accordance with the procedures set forth in section 521(b) of the Act, when the Secretary
determines that a State is systematically failing to administer adequately the enforcement
provisions of the approved State regulatory program. Funds will be denied until such
time as the State and Office of Surface Mining Reclamation and Enforcement have agreed
upon an explicit plan of action for correcting the enforcement deficiency. A State may
enter into such agreement without admission of culpability. If a State enters into such
agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as long
as the State is complying with the terms of the agreement: Provided further, That
expenditure of moneys as authorized in section 402(g)(3) of Public Law 95-87 shall be on
a priority basis with the first priority being protection of pubic health, safety, general
welfare, and property from extreme danger of adverse effects of coal mining practices, as
stated in section 403 of Public Law 95-87: Provided further, That 23 full time equivalent
positions are to be maintained in the Anthracite Reclamation Program at the Wilkes-Barre
Field Office.
* * *
[100 STAT. 1329-233]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods or volcanoes; for emergency
reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption or regulatory authority in the event
a primacy State is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That all funds used pursuant to his section must be replenished by a
supplemental appropriation which must be requested as promptly as possible.
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1989
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1989, and for other purposes.
Pub.L. 100-446 (H.R.4867); 102 STAT. 1774, 1792, 1793, 1799, 1800 (September 27,
1988).
[102 STAT. 1774]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1989, and for other purposes,
namely:
***
[102 STAT. 1792]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, including the purchase of not to exceed
14 passenger motor vehicles, of which 9 shall be for replacement only; and uniform
allowances of not to exceed $ 400 for each uniformed employee of the Office of Surface
Mining Reclamation and Enforcement; $ 101,095,000, and notwithstanding 31 U.S.C.
3302, an additional amount, to remain available until expended, equal to receipts to the
General Fund of the Treasury from performance bond forfeitures in fiscal year 1989:
Provided, That notwithstanding any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through grants to States, moneys collected
in fiscal year 1989 pursuant to the assessment of civil penalties under section 518 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to remain available until
expended: Provided further, That the Secretary of the Interior shall abide by and adhere
to the terms of the Settlement Agreement in NWR v. Miller, C.A. No. 86-99 (E.D. Ky),
and not take any actions inconsistent with the provisions of footnote 3 of the Agreement
with respect to any State or Federal program.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 15 shall be for replacement only, $
193,160,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and
to remain available until expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That of the funds made available to the States to
contract for reclamation projects authorized in section 406(a) of Public Law 95-87,
administrative expenses may not exceed 15 per centum: Provided further, That none of
these funds shall be used for a reclamation grant to any State if the State has not agreed to
participate in a nationwide data system established by the Office of Surface Mining
Reclamation and Enforcement through which all permit applications are reviewed and
approvals withheld if the applicants (or those who control the applicants) applying for or
receiving such permits have outstanding State or Federal air or water quality violations in
accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), or
failure to abate cessation orders, outstanding civil penalties associated with such failure to
abate cessation orders, or uncontested past due Abandoned Mine Land fees: Provided
further, That the Secretary of the Interior may deny 50 per centum of an Abandoned Mine
Reclamation Fund grant, available to a State pursuant to title IV of Public Law 95-87, in
accordance with the procedures set forth in section 521(b) of the Act, when the Secretary
determines that a State is systematically failing to administer adequately the enforcement
provisions of the approved State regulatory program. Funds will be denied until such time
as the State and Office of Surface Mining Reclamation and Enforcement have agreed
upon an explicit plan of action for correcting the enforcement deficiency. A State may
enter into such agreement without admission of culpability. If a State enters into such
agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as long
as the State is complying with the terms of the agreement: Provided further, That
expenditure of moneys as authorized in section 402(g)(3) of Public Law 95-87 shall be on
a priority basis with the first priority being protection of public health, safety, general
welfare, and property from extreme danger of adverse effects of coal mining practices, as
stated in section 403 of Public Law 95-87: Provided further, That 23 full-time equivalent
positions are to be maintained in the Anthracite Reclamation Program at the Wilkes-Barre
Field Office: Provided further, That notwithstanding any other provisions of law,
appropriations for the Office of Surface Mining Reclamation and Enforcement may,
hereafter, provide for the travel and per diem expenses of State and tribal personnel
attending OSMRE sponsored training: Provided further, That the Secretary shall conduct
a thorough accounting and reconciliation of the Abandoned Mine Reclamation Fund,
under title IV of the Surface Mining Control and Reclamation Act of 1977, for the period
from fiscal year 1977 through fiscal year 1988. This accounting and reconciliation shall
determine, by State, the source of all contributions to the fund and shall denote all fund
disbursements by purpose and fiscal year including letter of credit grants to States. Funds
authorized as grants to States shall be reconciled according to --
(1) the Surface Mining Control and Reclamation Act of 1977, including the 50
percent State share; and
(2) the formula for allocation of the discretionary share as expressed by the Office of
Surface Mining Reclamation and Enforcement during each relevant fiscal year under
review.
The findings of the Secretary shall be transmitted to the Committees on
Appropriations by May 1, 1989. Such information shall not be used to amend or revise
State allocations during fiscal year 1989.
[102 STAT. 1799]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for expenditure or
transfer (within each bureau or office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation which must be requested as promptly as
possible.
[102 STAT. 1799]
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under the jurisdiction of the Department of the
[102 STAT. 1800]
Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for
emergency actions related to potential or actual earthquakes, floods or volcanoes; for the
prevention, suppression, and control of actual or potential grasshopper and Mormon
Cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the
authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption of regulatory authority in the event
a Primacy State is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That all funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as possible.
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1989
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1990, and for other purposes. Pub.
L. 101-121 (H.R. 2788); 103 STAT. 701, 712, 713, 719 (October 23, 1989).
[103 STAT. 701]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1990, and for other purposes,
namely:
[103 STAT. 712]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, including the purchase of not to exceed
14 passenger motor vehicles, of which 9 shall be for replacement only; and uniform
allowances of not to exceed $ 400 for each uniformed employee of the Office of Surface
Mining Reclamation and Enforcement; $ 101,228,000, and notwithstanding 31 U.S.C.
3302, an additional amount, to remain available until expended, equal to receipts to the
General Fund of the Treasury from performance bond forfeitures in fiscal year 1990:
Provided, That notwithstanding any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through grants to States, moneys collected
in fiscal year 1990 pursuant to the assessment of civil penalties under section 518 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to remain available until
expended: Provided further, That the Secretary of the Interior shall abide by and adhere
to the terms of the Settlement Agreement in NWR v. Miller, C.A. No. 86-99 (E.D. Ky),
and not take any actions inconsistent with the provisions of footnote 3 of the Agreement
with respect to any State or Federal program: Provided further, That the Office of
Surface Mining Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 21 passenger motor vehicles, of which 15 shall be for replacement only, $
192,772,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and
to remain available until expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That of the funds made available to the States to
contract for reclamation projects authorized in section 406(a) of Public Law 95-87,
administrative expenses may not exceed 15 per centum: Provided further, That none of
these funds shall be used for a reclamation grant to any State if the State has not agreed to
participate in a nationwide data system established by the Office of Surface Mining
Reclamation and Enforcement through which all permit applications are reviewed and
approvals withheld if the applicants (or those who control the applicants) applying for or
receiving such permits have outstanding State or Federal air or water quality violations in
accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), or
failure to abate cessation orders, outstanding civil
[103 STAT. 713]
penalties associated with such failure to abate cessation orders, or uncontested past due
Abandoned Mine Land fees: Provided further, That the Secretary of the Interior may
deny 50 per centum of an Abandoned Mine Reclamation Fund grant, available to a State
pursuant to title IV of Public Law 95-87, in accordance with the procedures set forth in
section 521(b) of the Act, when the Secretary determines that a State is systematically
failing to administer adequately the enforcement provisions of the approved State
regulatory program. Funds will be denied until such time as the State and Office of
Surface Mining Reclamation and Enforcement have agreed upon an explicit plan of action
for correcting the enforcement deficiency. A State may enter into such agreement without
admission of culpability. If a State enters into such agreement, the Secretary shall take no
action pursuant to section 521(b) of the Act as long as the State is complying with the
terms of the agreement: Provided further, That expenditure of moneys as authorized in
section 402(g)(3) of Public Law 95-87 shall be on a priority basis with the first priority
being protection of public health, safety, general welfare, and property from extreme
danger of adverse effects of coal mining practices, as stated in section 403 of Public Law
95-87: Provided further, That 23 full-time equivalent positions are to be maintained in the
Anthracite Reclamation Program at the Wilkes-Barre Field Office.
[103 STAT. 719]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for expenditure or
transfer (within each bureau or office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods, or volcanoes; for contingency
planning subsequent to actual oilspills, response and natural resource damage assessment
activities related to actual oilspills; for the prevention, suppression, and control of actual
or potential grasshopper and Mormon Cricket outbreaks on lands under the jurisdiction of
the Secretary, pursuant to the authority in section 1773(b) of Public Law 99-198 (99 Stat.
1658); for emergency reclamation projects under section 410 of Public Law 95-87; and
shall transfer, from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out the regulatory
provisions of the Surface Mining Act: Provided, That appropriations made in this title for
fire suppression purposes shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental appropriation which must be requested
as promptly as possible.
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1990
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1991, and for other purposes. Pub
L. 101-512 (H.R. 5769); 104 STAT. 1915, 1927, 1928, 1929, 1934 and 1935
(November 5, 1990).
[104 STAT. 1915]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1991, and for other purposes,
namely:
[104 STAT. 1927]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, including the purchase of not to exceed
15 passenger motor vehicles, of which 11 shall be for replacement only; and uniform
allowances of not to exceed $ 400 for each uniformed employee of the Office of Surface
Mining Reclamation and Enforcement; $ 109,927,000, and notwithstanding 31 U.S.C.
3302, an additional amount, to remain available until expended, equal to receipts to the
General Fund of the Treasury from performance bond forfeitures in fiscal year 1991:
Provided, That notwithstanding any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through grants to States, moneys collected
in fiscal year 1991 pursuant to the assessment of civil penalties under section 518 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to remain available until
expended: Provided further, That the Secretary of the Interior shall abide by and adhere
to the terms of the Settlement Agreement in NWR v. Miller, C.A. No. 86-99 (E.D. Ky),
and not take any actions inconsistent with the provisions of footnote 3 of the Agreement
with respect to any State or Federal program: Provided further, That the Office of
Surface Mining Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training. Provided further, That notwithstanding the
requirements of section 705 of Public Law 95-87 (30 U.S.C. 1295) appropriations herein
shall be available to fund the full costs to the States to implement the Applicant Violator
System in compliance with the January 24, 1990 Settlement Agreement between Save Our
Cumberland Mountains, Inc. et al. and Manuel Lujan, Jr., Secretary United States
Department of the Interior, et al.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not
more than 22 passenger motor vehicles, of which 16 shall be for replacement only, $
200,006,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and
to remain available until expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to utilize up to 20 per centum from the
[104 STAT. 1928]
recovery of the delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That of the funds made available to the
States to contract for reclamation projects authorized in section 406(a) of Public Law
95-87, administrative expenses may not exceed 15 per centum: Provided further, That
none of these funds shall be used for a reclamation grant to any State if the State has not
agreed to participate in a nationwide data system established by the Office of Surface
Mining Reclamation and Enforcement through which all permit applications are reviewed
and approvals withheld if the applicants (or those who control the applicants) applying for
or receiving such permits have outstanding State or Federal air or water quality violations
in accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), or
failure to abate cessation orders, outstanding civil penalties associated with such failure to
abate cessation orders, or uncontested past due Abandoned Mine Land fees: Provided
further, That the Secretary of the Interior may deny 50 per centum of an Abandoned Mine
Reclamation Fund grant, available to a State pursuant to title IV of Public Law 95-87, in
accordance with the procedures set forth in section 521(b) of the Act, when the Secretary
determines that a State is systematically failing to administer adequately the enforcement
provisions of the approved State regulatory program. Funds will be denied until such
time as the State and Office of Surface Mining Reclamation and Enforcement have agreed
upon an explicit plan of action for correcting the enforcement deficiency. A State may
enter into such agreement without admission of culpability. If a State enters into such
agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as long
as the State is complying with the terms of the agreement: Provided further, That
expenditure of moneys as authorized in section 402(g)(4) of Public Law 95-87 shall be on
a priority basis with the first priority being protection of public health, safety, general
welfare, and property from extreme danger of adverse effects of coal mining practices, as
stated in section 403 of Public Law 95-87: Provided further, That 23 full-time equivalent
positions are to be maintained in the Anthracite Reclamation Program at the Wilkes-Barre
Field Office: Provided further, That, notwithstanding any other provision of law, funds
appropriated pursuant to Public Law 98-181 and derived from receipts of the Abandoned
Mine Reclamation Fund shall be made available to and expended by the Commonwealth
of Pennsylvania to provide for the acquisition of the ten properties along Route 61 near
the Borough of Centralia, previously identified by the Commonwealth of Pennsylvania to
the Office of Surface Mining Reclamation and Enforcement as needing acquisition but
ineligible for funding pursuant to Public Law 98-181, and for the relocation of families
and individuals residing in such properties who are threatened by the progressive
movement of the mine fire currently burning in and around the Borough of Centralia:
Provided further, That all acquisitions made by the Commonwealth of Pennsylvania under
the authority provided herein shall be at fair market value without regard to the mine
fire-related damages and such homeowners shall be treated in a manner that avoids any
disparity with the treatment authorized and implemented pursuant to Public Law 98-181:
Provided further, That land acquisition and relocation authorized herein shall not require
any matching funding from the Commonwealth of Pennsylvania under section 407(e)
[104 STAT. 1929]
of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
[104 STAT. 1934]
Sec. 101. Appropriations made in this title shall be available for expenditure or
transfer (within each bureau or office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available under this authority until funds
specifically made available
[104 STAT. 1935]
to the Department of the Interior for emergencies shall have been exhausted: Provided
further, That all funds used pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential grasshopper and Mormon
Cricket outbreaks on lands under the jurisdiction of the Secretary, to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and Enforcement, such funds
as may be necessary to permit assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression purposes shall be available for
the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That all funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
ABANDONED MINE RECLAMATION ACT OF 1990
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1991
An Act to provide for reconciliation pursuant to section 4 of the concurrent
resolution on the budget for fiscal year 1991. Pub. L. 101-508 (H.R. 5835); 104
STAT. 1388, 1388-289 through 1388-299 (November 5, 1990).
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
[104 STAT. 1388]
SECTION 1. SHORT TITLE.
This Act may be cited as the "Omnibus Budget Reconciliation Act of 1990".
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1991
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1992, and for other purposes. Pub.
L. 102-154 (H.R. 2686); 105 STAT. 990, 1002, 1003, 1010 and 1011 (November 13,
1991).
[105 STAT. 990]
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That the following sums are appropriated, out of
any money in the Treasury not otherwise appropriated, for the Department of the Interior
and related agencies for the fiscal year ending September 30, 1992, and for other
purposes, namely:
[105 STAT. 1002]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, as amended, including the purchase of
not to exceed 15 passenger motor vehicles, of which 11 shall be for replacement only; $
111,100,000 and notwithstanding 31 U.S.C. 3302, an additional amount, to remain
available until expended, from performance bond forfeitures in fiscal year 1992:
Provided, That notwithstanding any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through grants to States, moneys collected
in fiscal year 1992 pursuant to the assessment of civil penalties under section 518 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to remain available until
expended: Provided further, That notwithstanding any other provisions of law,
appropriations for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal personnel attending Office
of Surface Mining Reclamation and Enforcement sponsored training: Provided further,
That notwithstanding the requirements of section 705 of Public Law 95-87 (30 U.S.C.
1295) appropriations herein shall be available to fund the full costs to the States to
implement the Applicant Violator System in compliance with the January 24, 1990
Settlement Agreement between Save Our Cumberland Mountains, Inc. and Manuel Lujan,
Jr., Secretary, United States Department of the Interior, et al.
[105 STAT. 1003]
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended, including the
purchase of not more than 22 passenger motor vehicles, of which 16 shall be for
replacement only, $ 190,200,000 to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That of the funds
herein provided up to $ 22,000,000 may be used for the emergency program authorized
by section 410 of Public Law 95-87, as amended, of which no more than 20 per centum
shall be used for emergency reclamation projects in any one State and funds for
Federally-administered emergency reclamation projects under this proviso shall not
exceed $ 15,000,000: Provided further, That 23 full-time equivalent positions are to be
maintained in the Anthracite Reclamation Program at the Wilkes-Barre Field Office:
Provided further, That pursuant to Public Law 97-365, the Department of the Interior is
authorized to utilize up to 20 per centum from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to collect these debts: Provided
further, That of the funds made available to the States to contract for reclamation projects
authorized in section 406(a) of Public Law 95-87, administrative expenses may not
exceed 15 per centum: Provided further, That the Secretary of the Interior may deny 50
per centum of an Abandoned Mine Reclamation Fund grant, available to a State pursuant
to title IV of Public Law 95-87, in accordance with the procedures set forth in section
521(b) of the Act, when the Secretary determines that a State is systematically failing to
administer adequately the enforcement provisions of the approved State regulatory
program. Funds will be denied until such time as the State and Office of Surface Mining
Reclamation and Enforcement have agreed upon an explicit plan of action for correcting
the enforcement deficiency. A State may enter into such agreement without admission of
culpability. If a State enters into such agreement, the Secretary shall take no action
pursuant to section 521(b) of the Act as long as the State is complying with the terms of
the agreement.
[105 STAT. 1010]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to actual oilspills;
[105 STAT. 1011]
response and natural resource damage assessment activities related to actual oilspills; for
the prevention, suppression, and control of actual or potential grasshopper and Mormon
cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the
authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption of regulatory authority in the event
a primacy State is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire suppression activities, no
funds shall be made available under this authority until funds appropriated to the
"Emergency Department of the Interior Firefighting Fund" shall have been exhausted:
Provided further, That all funds used pursuant to this section are hereby designated by
Congress to be "emergency requirements" pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and must be replenished by
a supplemental appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1992
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1993, and for other purposes. Pub.
L. 102-381 (H.R. 5503); 106 STAT. 1374, 1386 and 1387 (October 5, 1992).
[106 STAT. 1374]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1993, and for other purposes,
namely:
[106 STAT. 1386]
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, as amended, including the purchase of
not to exceed 15 passenger motor vehicles, of which 11 shall be for replacement
[106 STAT. 1387]
only; $ 112,674,000, and notwithstanding 31 U.S.C. 3302, an additional amount shall be
credited to this account, to remain available until expended, from performance bond
forfeitures in fiscal year 1993: Provided, That notwithstanding any other provision of
law, the Secretary of the Interior, pursuant to regulations, may utilize directly or through
grants to States, moneys collected in fiscal year 1993 pursuant to the assessment of civil
penalties under section 518 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1268), to reclaim lands adversely affected by coal mining practices after
August 3, 1977, to remain available until expended: Provided further, That
notwithstanding any other provisions of law, appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel and per diem expenses
of State and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended, including the
purchase of not more than 22 passenger motor vehicles, of which 16 shall be for
replacement only, $ 189,541,000 to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That of the funds
herein provided up to $ 22,000,000 may be used for the emergency program authorized
by section 410 of Public Law 95-87, as amended, of which no more than 25 per centum
shall be used for emergency reclamation projects in any one State and funds for
federally-administered emergency reclamation projects under this proviso shall not
exceed $ 15,000,000: Provided further, That 23 full-time equivalent positions are to be
maintained in the Anthracite Reclamation Program at the Wilkes-Barre Field Office:
Provided further, That pursuant to Public Law 97-365, the Department of the Interior is
authorized to utilize up to 20 per centum from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to collect these debts: Provided
further, That of the funds made available to the States to contract for reclamation projects
authorized in section 406(a) of Public Law 95-87, administrative expenses may not
exceed 15 per centum: Provided further, That the Secretary of the Interior may deny 50
per centum of an Abandoned Mine Reclamation Fund grant, available to a State pursuant
to title IV of Public Law 95-87, in accordance with the procedures set forth in section
521(b) of the Act, when the Secretary determines that a State is systematically failing to
administer adequately the enforcement provisions of the approved State regulatory
program. Funds will be denied until such time as the State and Office of Surface Mining
Reclamation and Enforcement have agreed upon an explicit plan of action for correcting
the enforcement deficiency. A State may enter into such agreement without admission of
culpability. If a State enters into such agreement, the Secretary shall take no action
pursuant to section 521(b) of the Act as long as the State is complying with the terms of
the agreement.
ADMINISTRATIVE PROVISION
None of the funds available to the Office of Surface Mining Reclamation and
Enforcement shall be expended to create or maintain more than one Deputy Director
position.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential grasshopper and Mormon
cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the
authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption of regulatory authority in the event
a primacy State is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire suppression activities, no
funds shall be made available under this authority until funds appropriated to the
"Emergency Department of the Interior Firefighting Fund" shall have been exhausted:
Provided further, That all funds used pursuant to this section are hereby designated by
Congress to be "emergency requirements" pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and must be replenished by
a supplemental appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1993
An Act making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1994, and for other purposes. Pub.
L. 103-138 (H.R. 2520); 106 STAT. 1379 (November 11, 1993).
[106 STAT. 1379]
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1994, and for other purposes,
namely:
OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, as amended, including the purchase of
not to exceed 15 passenger motor vehicles for replacement only; $110,552,000 , and
notwithstanding 31 U.S.C. 3302, an additional amount shall be credited to this account, to
remain available until expended, from performance bond forfeitures in fiscal year 1994 :
Provided, That notwithstanding any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through grants to States, moneys collected
in fiscal year 1994 pursuant to the assessment of civil penalties under section 518 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to remain available until
expended: Provided further, That notwithstanding any other provisions of law,
appropriations for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal personnel attending Office
of Surface Mining Reclamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended, including the
purchase of not more than 22 passenger motor vehicles for replacement only,
$190,107,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and
to remain available until expended: Provided, That of the funds herein provided up to
$20,000,000 may be used for the emergency program authorized by section 410 of Public
Law 95-87, as amended, of which no more than 25 per centum shall be used for
emergency reclamation projects in any one State and funds for Federally-administered
emergency reclamation projects under this proviso shall not exceed $12,000,000:
Provided further, That pursuant to Public Law 97-365, the Department of the Interior is
authorized to utilize up to 20 per centum from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to collect these debts.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for expenditure or
transfer (within each bureau or office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant to this section are hereby
designated by Congress to be "emergency requirements" pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of 1985 and must be
replenished by a supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of any no year
appropriation in this title, in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention of forest or range fires
on or threatening lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential grasshopper
[107 STAT. 1379]
and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant
to the authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption of regulatory authority in the event
a primacy State is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the time of receipt thereof: Provided
further, That for emergency rehabilitation and wildfire suppression activities, no funds
shall be made available under this authority until funds appropriated to the "Emergency
Department of the Interior Firefighting Fund" shall have been exhausted: Provided
further, That all funds used pursuant to this section are hereby designated by Congress to
be "emergency requirements" pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from
which emergency funds were transferred.
1951 Constitution Ave. N.W.
Washington, D.C. 20240
202-208-2719
getinfo@osmre.gov