§ 1253. — State programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1253]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1253. State programs
(a) Regulation of surface coal mining and reclamation operations;
submittal to Secretary; time limit; demonstration of
effectiveness
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 1271 and 1273 of
this title and subchapter IV of this chapter, shall submit to the
Secretary, by the end of the eighteenth-month \1\ period beginning on
August 3, 1977, a State program which demonstrates that such State has
the capability of carrying out the provisions of this chapter and
meeting its purposes through--
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\1\ So in original.
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(1) a State law which provides for the regulation of surface
coal mining and reclamation operations in accordance with the
requirements of this chapter;
(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 chapter, 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 chapter;
(4) a State law which provides for the effective
implementations,\1\ maintenance, and enforcement of a permit system,
meeting the requirements of this subchapter for the regulations \1\
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 1272
of this title provided that the designation of Federal lands
unsuitable for mining shall be performed exclusively by the
Secretary after consultation with the State; and \1\
(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 chapter.
(b) Approval of program
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. 1251 et seq.], and the Clean Air
Act, as amended [42 U.S.C. 7401 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) Notice of disapproval
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) Inability of State to take action
For the purposes of this section and section 1254 of this title, 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 subchapters IV and VII of
this chapter 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 1252 of this title, until
such time as the injunction terminates or for one year, whichever is
shorter, at which time the requirements of this section and section 1254
of this title shall again be fully applicable.
(Pub. L. 95-87, title V, Sec. 503, Aug. 3, 1977, 91 Stat. 470.)
References in Text
The Federal Water Pollution Control Act, referred to in subsec.
(b)(2), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended
generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which
is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of this Act
to the Code, see Short Title note set out under section 1251 of Title 33
and Tables.
The Clean Air Act, referred to in subsec. (b)(2), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally
to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 1231, 1232, 1235, 1252,
1254, 1256, 1268, 1271, 1272, 1291, 1292, 1300, 1309 of this title.
