30 C.F.R. § 700.3

Authority

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The Secretary is authorized to administer the requirements of the Act, except the following:

(a) Provisions of the Act that authorize the Secretary of Agriculture to establish programs for the reclamation of rural lands, identification of prime agricultural lands, and other responsibilities described in the Act. Regulations promulgated by the Secretary of Agriculture are in 7 CFR;

(b) Provisions of the Act for which responsibility is specifically assigned to other Federal agencies, including the Department of Labor, the Environmental Protection Agency, the Corps of Engineers, the Council on Environmental Quality, and the Department of Energy; and

(c) Authority retained by the States to enforce State laws or regulations which are not inconsistent with the Act and this chapter, including the authority to enforce more stringent land use and environmental controls and regulations.

Notes of Decisions

Cited in 2 cases, 1987–1999 · leading case: Bragg v. Robertson, 72 F. Supp. 2d 642 (S.D.W. Va 1999).

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Bragg v. Robertson, 72 F. Supp. 2d 642 (S.D.W. Va 1999). “See 30 C.F.R. § 700.3 . The Director of OSM Reclamation and Enforcement, under the general direction of the Assistant Secretary, Energy and Minerals, is responsible for exercising the authority of the Secretary.”

Budinsky v. Pennsylvania Dep't of Env't Resources, 819 F.2d 418 (3rd Cir. 1987). · cites it 2× “1255(b) is intended to apply only to those sections of Title V of SMCRA which set forth performance standards_” To the contrary, 30 C.F.R. § 700.3 states: The Secretary is authorized to administer the requirements of the Act, except the following: .”

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