§ 1277. — Special bituminous coal mines.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1277]
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. 1277. Special bituminous coal mines
(a) Issuance of separate regulations; criteria
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 chapter; 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 subchapter.
(b) New bituminous coal surface mines
Such separate regulations shall also contain a distinct part to
cover and pertain to new bituminous coal surface mines which may be
developed after August 3, 1977, 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 subsection (a) of this
section except for paragraphs (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
chapter.
(c) Scope of alternative regulations
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 subchapter shall
apply to such mines.
(Pub. L. 95-87, title V, Sec. 527, Aug. 3, 1977, 91 Stat. 513.)
