30 U.S.C. § 1253

State programs

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(a) Regulation of surface coal mining and reclamation operations; submittal to Secretary; time limit; demonstration of effectivenessEach 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 11 So in original. 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—(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 programThe 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, § 503, Aug. 3, 1977, 91 Stat. 470.)Editorial NotesReferences 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, § 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. (b)(2), 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 137 cases (13 in the last 5 years), 1980–2026 · leading case: Ohio Valley Environmental Coalition v. Aracoma Coal Co.

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Ohio Valley Environmental Coalition v. Aracoma Coal Co. (2009) ca4 · cites it 6× “[5] 30 U.S.C. § 1253 (2000). Once a state's SMCRA program has been approved, anyone wishing to engage in surface coal mining operations within the state must first obtain a permit from the state's regulatory authority.”

Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. (1981) scotus · cites it 4× “30 U. S. C. § 1253 (1976 ed., Supp. III).”

Arsenal Coal Co. v. Commonwealth, Department of Environmental Resources (1984) pa · cites it 4× “Section 503(a), 30 U.S.C. § 1253 (a). Compliance with the federal program would result in approval of application for the reposal in the state of primary jurisdiction for enforcement, Section 503(b), 30 U.”

In Re Permanent Surface Mining Regulation Litigation. Appeal of Peabody Coal Company (1981) cadc · cites it 5× “Act § 503, 30 U.S.C. § 1253 . The Secretary, after following certain procedures, must approve the program if he finds it adequate to protect environmental concerns that lay behind the adoption of the Act.”

Federal Energy Regulatory Commission v. Mississippi (1982) scotus · cites it 2× “If a State chooses not to submit a program, the Secretary develops and implements a program for that State.”

Trustees for Alaska, Alaska Center for the Environment v. Gorsuch (1992) alaska · cites it 8× “30 U.S.C. § 1253 (1986). The state program must demonstrate, among other things: that such State has the capability of carrying out the provisions of this chapter and meeting its purposes through (1) a State law which provides for the regulation of surface coal mining and…”

OHIO VALLEY ENVIRONMENTAL COALITION, INC. v. Apogee Coal Co. (2008) wvsd · cites it 4× “Under 30 U.S.C. § 1253 (a), a state may “assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations.”

Shawnee Coal Company v. Cecil D. Andrus, Secretary of the Interior (1981) ca6 · cites it 2× “§ 503(a), 30 U.S.C. § 1253 (a). The Secretary must approve or disapprove a proposed “State program,” in whole or in part, within six months after the program is submitted to him.”

Synagro-WWT, Inc. v. Rush Tp., Penn. (2002) pamd · cites it 3× “In addition to setting forth the provisions for federal enforcement of SMCRA, the statute provides that states may “assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations” on nonfederal lands within the state.”

Big \B\" Mining Co. v. Department of Environmental Resources" (1991) pacommwct · cites it 6× “The majority holds that because Section 4(b) specifically permits counsel fees and costs incurred in proceedings pursuant to that section, it was improper for the Board to explore the legislative intent of the federal statute. Pennsylvania's SMCRA was enacted in response to the…”

Wildearth Guardians v. Sally Jewell (2013) cadc “Joint Appendix (JA) 422-23; see 30 U.S.C. §§ 1253 , 1273(c). The BLM further assumed that mining would continue at existing production rates and the coal would continue to be used to generate electricity by coal-fired power plants.”

Kentuckians for the Commonwealth v. United States Army Corps of Engineers (2014) ca6 · cites it 2× “Stat. §§ 350.028, 465(2). This program has been approved by the U.”

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