Surface Mining Control and Reclamation Act

• Author: Environmental Law Reporter
• Pages: 967-1021

Surface Mining Control and Reclamation Act

30 U.S.C. §§1201-1328

Subchapter I—Statement of Findings and Policy

§1201.[SMCRA §101]

Congressional findings

The Congress finds and declares that—

(a) extraction of coal and other minerals from the earth can be ac-

complished by various methods of mining, including surface min-

ing;

(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 undergroundmin-

ing methods, and it is, therefore, essential to the national interest to in-

sure the existence of an expanding and economically healthy under-

ground coal mining industry;

(c) many surface mining operations result in disturbances of sur-

face areas that burden and adversely affect commerce and the public

welfare by destroying or diminishing the utility of land for commer-

cial, 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 habi-

tats, by impairing natural beauty, by damaging the property of citi-

zens, by creating hazards dangerous to life and property by degrad-

ing 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 energyneeds

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.1

(e) surface mining and reclamation technology are now developed

so that effective and reasonable regulation of surface coal mining op-

erations by the States and by the Federal Government in accordance

with the requirements of this chapter is an appropriate and necessary

means to minimize so far as practicable the adverse social, economic,

and environmental effects of such mining operations;

(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 chapter 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 stan-

dards 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 affectinterstate

commerce, contribute to the economic well-being, security, and gen-

eral welfare of the Nation and should be conducted in an environmen-

tally sound manner; and

(k) the cooperative effort established by this chapter is necessary to

prevent or mitigate adverse environmental effects of present and fu-

ture surface coal mining operations.

(Pub. L. 95-87, title I, §101, Aug. 3, 1977, 91 Stat. 447.)

References In Text

This chapter,referred to in pars. (e), (f), and (k), was in the original “this Act”, mean-

ing Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as amended, which enacted this chapter

and amended section 1114 of Title18, Crimes and Criminal Procedure. For complete

classification of this Act to the Code, see Short Title note set out below and Tables.

Short Title Of 2006 Amendment

Pub. L. 109-432, Div. C, title II, §200, Dec. 20, 2006, 120 Stat. 3006, provided

that: “This title [enacting 30 U.S.C. 1244, amending 26 U.S.C. 9701, 9702,

9704-9707, 9711, 9712, and 9721, and 30 U.S.C. 1231, 1232, 1233, 1236, 1238,

1240a, 1260, 1300, and 1302, and enacting provisions set out as notes under 26

U.S.C. 9701, 9704, and 9712, and 30 U.S.C. 1232] may be cited as the ‘Surface

Mining Control and Reclamation Act Amendments of 2006’.”

Short Title Of 1990 Amendments

Pub. L. 101-508, title VI, Sec. 6001, Nov.5, 1990, 104 Stat. 1388-289, provided

that:“This subtitle [subtitle A (Sec. 6001-6014) of title VI of Pub. L. 101-508, enact-

ing section 1240a of this title, amending sections 1231 to 1237, 1239, 1257, and

1302 of this title, and enacting provisions set out as notes under section 1231 of this

title] may be cited as the ‘Abandoned Mine Reclamation Act of 1990’.”

Pub. L. 101-498, Sec. 1, Nov. 2, 1990, 104 Stat. 1207, provided that: “This Act

[enacting section 1230a of this title] may be cited as the ‘Strategic and Critical Min-

erals Act of 1990’.”

Short Title Of 1988 Amendment

Pub. L. 100-483, Sec. 13, Oct. 12, 1988, 102 Stat. 2341, provided that: “This Act

[amending sections 1221, 1222, 1224, 1226, 1229, and 1230 of this title and enacting

provisionsset out as notes under this section and section 1229 of this title] may be cited

as the Mining and Mineral Resources Research Institute Amendments of 1988.”

Short Title

Section 1 of Pub. L. 95-87 provided: “That this Act [enacting this chapter and

amending section 1114of Title 18, Crimes and Criminal Procedure] may be cited as

the ‘Surface Mining Control and Reclamation Act of 1977’.”

Pub. L. 98-409, §11, as added Pub. L. 100-483, §12, Oct. 12, 1988, 102 Stat.

2341, and amended Pub. L. 104-312, §1(b), Oct. 19, 1996, 110 Stat. 3819, pro-

vided that: “This Act [enacting subchapter III of this chapter] may be cited as the

‘Mining and Mineral Resources Institutes Act’.”

§1202.[SMCRA §102]

Statement of purpose

It is the purpose of this chapter to—

(a) establish a nationwide program to protect society and the envi-

ronment 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 pro-

tected from such operations;

(c) assure that surface mining operations are not conducted where

reclamation as required by this chapter 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 sur-

face areas as contemporaneously as possible with the surface coal

mining operations;

(f) assure that the coal supply essential to the Nation’s energy re-

quirements, and to its economic and social well-being is provided and

strike a balance between protection of the environment and agricul-

tural productivity and the Nation’sneed for coal as an essential source

of energy;

(g) assist the States in developing and implementing a program to

achieve the purposes of this chapter;

(h) promote the reclamation of mined areas left without adequate

reclamation prior to August 3, 1977, and which continue, in their unre-

claimed condition, to substantially degrade the quality of the environ-

ment, 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 regula-

SMCRA §102 SURFACE MINING CONTROL AND RECLAMATION ACT 30 U.S.C. §1202

967

1. So in original. The period probably should be a semicolon.

tions, standards, reclamation plans, or programs established by the

Secretary or any State under this chapter;

(j) provide a means for development of the data and analyses neces-

sary to establish effective and reasonable regulation of surface mining

operations for other minerals;

(k) encourage the full utilization of coal resources through the de-

velopment and application of underground extraction technologies;

(l) stimulate, sponsor, provide for and/or supplement present pro-

grams for the conduct of research investigations, experiments, and

demonstrations, in the exploration, extraction, processing, develop-

ment, and production of minerals and the training of mineral engineers

and scientists in the field of mining, minerals resources, and technol-

ogy,and the establishment of an appropriate research and training cen-

ter in various States; and

(m) wherever necessary,exercise the full reach of Federal constitu-

tional powers to insure the protection of the public interest through ef-

fective control of surface coal mining operations.

(Pub. L. 95-87, title I, §102, Aug. 3, 1977, 91 Stat. 448.)

30 U.S.C. §1202 ENVIRONMENTALLAW DESKBOOK SMCRA §102

968

Subchapter II—Office of Surface Mining Reclamation and Enforcement

§1211.[SMCRA §201]

Office of Surface Mining Reclamation and Enforcement

(a) Establishment

There is established in the Department of the Interior, the Office of

Surface Mining Reclamation and Enforcement (hereinafter referred to

as the “Office”).

(b) Appointment, compensation, duties, etc., of Director;

employees

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 53152of title 5, and such other employees as

may be required. Pursuant to section 5108 of title 5, and after consul-

tation 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 func-

tions of this subchapter and shall allocate such positions to the Secre-

tary.The Director shall have the responsibilities provided under sub-

section (c) of this section and those duties and responsibilities relat-

ing to the functions of the Office which the Secretary may assign,

consistent with this chapter. Employees of the Office shall be re-

cruited on the basis of their professional competence and capacity to

administer the provisions of this chapter.The Office may use, on a re-

imbursable basis when appropriate, employees of the Department

and other Federal agencies to administer the provisions of this chap-

ter, 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) [30 U.S.C. 801 et seq.], shall be

transferred to the Office.

(c) Duties of Secretary

The Secretary, acting through the Office, shall—

(1) administer the programs for controlling surface coal mining

operations which are required by this chapter; review and approve

or disapprove State programs for controlling surface coal mining

operations and reclaiming abandoned mined lands; make those in-

vestigations and inspections necessary to insure compliance with

this chapter; conduct hearings, administer oaths, issue subpenas,

and compel the attendance of witnesses and production of written

or printed material as provided for in this chapter; issue cease-

and-desist orders; review and vacate or modify or approve orders

and decisions; and order the suspension, revocation, or withhold-

ing of any permit for failure to comply with any of the provisions

of this chapter 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 chapter;

(3) administer the State grant-in-aid program for the develop-

ment of State programs for surface and mining and reclamation op-

erations provided for in subchapter V of this chapter;

(4) administer the program for the purchase and reclamation of

abandoned and unreclaimed mined areas pursuant to subchapter IV

of this chapter;

(5) administer the surface mining and reclamation research and

demonstration project authority provided for in this chapter;

(6) consult with other agencies of the Federal Government hav-

ing expertise in the control and reclamation of surface mining op-

erations and assist States, local governments, and other eligible

agencies in the coordination of such programs;

(7) maintain a continuing study of surface mining and reclama-

tion operations in the United States;

(8) develop and maintain an Information and Data Center on Sur-

face Coal Mining, Reclamation, and Surface Impacts of Under-

ground 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 sur-

face and underground mining and reclamation operations;

(9) assist the States in the development of State programs for sur-

face coal mining and reclamation operations which meet the re-

quirements of this chapter, and at the same time, reflect local re-

quirements 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 1272 of this title;

(11) monitor all Federal and State research programs dealing

with coal extraction and use and recommend to Congress the re-

search and demonstration projects and necessary changes in public

policy which are designated to (A) improve feasibility of under-

ground coal mining, and (B) improve surface mining and reclama-

tion 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 chapter; and

(13) perform such other duties as may be provided by law and re-

late to the purposes of this chapter.

(d) Restriction on use of Federal coal mine health and safety

inspectors

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 [30 U.S.C. 801 et

seq.], unless he finds and publishes such finding in the Federal Regis-

ter,that such activities would not interfere with such inspections under

the 1969 Act.

(e) Repealed. Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat.

2826

(f) Conflict of interest; penalties; rules and regulations; report

to Congress

No employee of the Office or any other Federal employee perform-

ing any function or duty under this chapter shall have a direct or indi-

rect financial interest in underground or surface coal mining opera-

tions. Whoever knowingly violates the provisions of the above sen-

tence 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 August 3, 1977, publish regu-

lations, in accordance with section 553 of title 5, to establish the meth-

ods by which the provisions of this subsection will be monitored and

enforced, including appropriate provisions for the filing by such em-

ployees and the review of statements and supplements thereto con-

cerning their financial interests which may be affected by this subsec-

tion, and (2) report to the Congress as part of the annual report (section

1296 of this title) on the actions taken and not taken during the preced-

ing calendar year under this subsection.

(g) Petition for issuance, amendment, or repeal of rule; filing;

hearing or investigation; notice of denial

(1) After the Secretary has adopted the regulations required by

section 1251 of this title, any person may petition the Director to

initiate a proceeding for the issuance, amendment, or repeal of a

rule under this chapter.

(2) Such petitions shall be filed in the principal office of the Di-

rector and shall set forth the facts which it is claimed established

that it is necessary to issue, amend, or repeal a rule under this chap-

ter.

(3) The Director may hold a public hearing or may conduct such

investigation or proceeding as the Director deems appropriate in or-

der to determine whether or not such petition should be granted.

(4) Within ninety days after filing of a petition described in para-

graph (1), the Director shall either grant or deny the petition. If the

Director grants such petition, the Director shall promptly com-

mence an appropriate proceeding in accordance with the provisions

SMCRA §201 SURFACE MINING CONTROL AND RECLAMATION ACT 30 U.S.C.§1211

969

2. So in original. Probably should be section “5316”.