U.S. Code » Title 30 » Chapter CHAPTER 25— SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER V— CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING

30 U.S.C. § 1251

Environmental protection standards

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(a) Not later than the end of the ninety-day period immediately following August 3, 1977, 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 1252(c) of this title. The issuance of the interim regulations shall be deemed not to be a major Federal action within the meaning of section 4332(2)(c) 11 So in original. Probably should be “4332(2)(C)”. of title 42. 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. 1251 et seq.]; and the Clean Air Act, as amended [42 U.S.C. 7401 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 August 3, 1977, 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 this subchapter and establishing procedures and requirements for preparation, submission, and approval of State programs; and development and implementation of Federal programs under the subchapter. The Secretary shall promulgate these regulations, which shall be concise and written in plain, understandable language in accordance with the procedures in subsection (a).(Pub. L. 95–87, title V, § 501, Aug. 3, 1977, 91 Stat. 467.)Editorial NotesReferences in Text

The Federal Water Pollution Control Act, referred to in subsec. (a)(B), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 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. (a)(B), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 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.

Notes of Decisions
Cited in 29 cases, 1978–2017 · leading case: Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U.S. 264 (1981).
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Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U.S. 264 (1981). · cites it 6× “Section 501, 30 U. S. C. § 1251 (1976 ed., Supp. III), establishes a two-stage program for the regulation of surface coal mining: an initial, or interim regulatory phase, and a subsequent, permanent phase.”
Shawnee Coal Co. v. Cecil D. Andrus, Sec'y of the Interior, 661 F.2d 1083 (6th Cir. 1981). · cites it 3× “§ 501(a) of the Act, 30 U.S.C. § 1251 (a), requires the Secretary to promulgate interim regulations for surface coal mining and reclamation operations within ninety days of the statute’s enactment.”
In Re Permanent Surface Mining Reg. Litig.. Appeal of Peabody Coal Co., 653 F.2d 514 (D.C. Cir. 1981). · cites it 2× “” 30 U.S.C. § 1251 (b) (emphasis added). This language can be read to allow regulations detailing minimum standards that all state programs must meet to receive the Secretary’s approval.”
In re Surface Mining Reg. Litig., 627 F.2d 1346 (D.C. Cir. 1980). · cites it 6× “Section 501(a) of the Act, 30 U.S.C. § 1251 (a), requires the Secretary to promulgate interim regulations for surface coal mining and reclamation operations within ninety days of the statute’s enactment.”
Holmes Limestone Co. v. Cecil B. Andrus, 655 F.2d 732 (6th Cir. 1981). · cites it 2× “The Secretary is directed by 30 U.S.C. § 1251 (a) to promulgate regulations governing the initial program and by § 1251(b) to promulgate the permanent regulatory program.”
Nat'l Parks Conservation Ass'n v. Jewell, 62 F. Supp. 3d 7 (D.D.C. 2014). “][J” 30 U.S.C. § 1251 (a)(B). . In Count IV, the plaintiffs allege that OSM’s failure to reinitiate consultation renders the 1996 Biological Opinion invalid under the ESA.”
Wiggins v. Brazil Coal & Clay Corp., 452 N.E.2d 958 (Ind. 1983). · cites it 2× “The Court of Appeals' decision should be vacated to clarify the preemption question, and this Court should adopt Section 858 of the Restatement (Second) of Torts, reverse the trial court and remand the cause of action.”
Webb v. Fury, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20934 (W. Va. 1981). “The “full panoply” of citizens’ rights provided by the Surface Mining Act includes the right of a citizen to comment on proposed regulations, 30 U.S.C. § 1251 (Supp. III 1979); to participate in public hearings preceding the approval or disapproval of state mining control…”
B & M Coal Corp. v. Off. of Surface Mining Reclamation & Enf't, 531 F. Supp. 677 (S.D. Ind. 1982). · cites it 2× “30 U.S.C. § 1251 (b). Additionally, § 1251(b) dictates that the Secretary create regulations establishing a permanent regulatory program, encompassing all the performance standards mandated by the Act, for those states failing to submit an acceptable program.”
Commonwealth Edison Co. v. State, 615 P.2d 847 (Mont. 1980). “30 U.S.C. § 1251 , et seq. Health and safety requirements are enforced upon strip coal miners.”
In Re Surface Mining Reg. Litig., 452 F. Supp. 327 (D.D.C. 1978). “” 30 U.S.C. § 1251 (a). Section 502(c) specifically incorporates into the interim program eight subsections of section 515 — 515(b)(2), (3), (5), (10), (13), (15), (19), and 515(d).”
Nat'l Wildlife Fed'n v. Babbitt, 835 F. Supp. 654 (D.D.C. 1993). · cites it 2× “30 U.S.C. § 1251 (b). These regulations “shall” be promulgated in accordance with subsection (a), which provides that prior to promulgation of any regulation, the Secretary must first publish the proposed regulations, allow for a period of public comment and hold at least one…”
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