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. § 1258

Reclamation plan requirements

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(a) Each reclamation plan submitted as part of a permit application pursuant to any approved State program or a Federal program under the provisions of this chapter shall include, in the degree of detail necessary to demonstrate that reclamation required by the State or Federal program can be accomplished, a statement of:(1) the identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought;(2) the condition of the land to be covered by the permit prior to any mining including:(A) the uses existing at the time of the application, and if the land has a history of previous mining, the uses which preceded any mining; and(B) the capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to section 1257(b)(16) of this title; and(C) the productivity of the land prior to mining, including appropriate classification as prime farm lands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;(3) the use which is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface, State and local governments or agencies thereof which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation;(4) a detailed description of how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;(5) the engineering techniques proposed to be used in mining and reclamation and a description of the major equipment; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in section 1265(b)(7)(A), (B), (C), and (D) of this title, for those food, forage, and forest lands identified in section 1265(b)(7) of this title; an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in section 1265 of this title;(6) the consideration which has been given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized;(7) a detailed estimated timetable for the accomplishment of each major step in the reclamation plan;(8) the consideration which has been given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable State and local land use plans and programs;(9) the steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards;(10) the consideration which has been given to developing the reclamation plan in a manner consistent with local physical environmental, and climatological conditions;(11) all lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit;(12) the results of test boring which the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the regulatory authority, including the location of subsurface water, and an analysis of the chemical properties including acid forming properties of the mineral and overburden: Provided, That information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental contents which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record;(13) a detailed description of the measures to be taken during the mining and reclamation process to assure the protection of:(A) the quality of surface and ground water systems, both on- and off-site, from adverse effects of the mining and reclamation process;(B) the rights of present users to such water; and(C) the quantity of surface and ground water systems, both on- and off-site, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured;(14) such other requirements as the regulatory authority shall prescribe by regulations.(b) Any information required by this section which is not on public file pursuant to State law shall be held in confidence by the regulatory authority.(Pub. L. 95–87, title V, § 508, Aug. 3, 1977, 91 Stat. 478.)
Notes of Decisions
Cited in 11 cases, 1980–2005 · leading case: Hodel v. Indiana
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Hodel v. Indiana (1981) scotus · cites it 2× “Section 508, 30 U. S. C. § 1258 (1976 ed., Supp. Ill), requires applicants for surface coal mining permits to submit proposed reclamation plans specifying the intended postmining use of the land and the method by which that use will be achieved.”
Arsenal Coal Co. v. Commonwealth, Department of Environmental Resources (1984) pa · cites it 2× “§ 1257 ), reclamation plan requirements (Section 508, 30 U.S.C. § 1258 ), and performance bond requirements for those operations (Section 509, 30 U.”
In Re Permanent Surface Mining Regulation Litigation (1985) dcd · cites it 5× “This is not a controversy similar to that surrounding the relationship between § 508(a)(13), 30 U.S.C. § 1258 (a)(13), and § 717(b), 30 U.”
State of Ind. v. Andrus (1980) insd · cites it 8× “§ 1291 (20)]; (c) § 508(a)(2), (3), (4), (8) and (10) [ 30 U.S.C. § 1258 (a)(2), (3), (4), (8) and (10)]; (d) § 510(d)(1) [ 30 U.”
Wiggins v. Brazil Coal and Clay Corp. (1983) ind “, (1982) Ind.App., 440 N.E.2d 495, 498-99 .”
Indiana Department of Natural Resources v. Krantz Bros. Construction Corp. (1991) indctapp “30 U.S.C.A. §§ 1258 , 1271(d). If a state fails to develop a program, or fails to develop an acceptable program after the Secretary of the Interior has rejected a proposed program, the state will not obtain permanent regulatory authority, and a federal plan will be imposed.”
Cane Tennessee, Inc. v. United States (2005) uscfc “” 30 U.S.C. § 1258 (a). "No permit ... application shall be approved unless the application affirmatively demonstrates and the regulatory authority finds in writing on the basis of the information set forth in the application .”
Cat Run Coal Co. v. Babbitt (1996) wvsd “See 30 U.S.C. §§ 1258 (requiring “permittee” to submit a reclamation plan to state agency for approval as part of the surface mining permit) and 1265(b)(2), (3), (6), (7), (16), (19), (20) & (23) (imposing reclamation standards on “operators”).”
Wellmore Coal Corp. v. Patrick Petroleum Corp. (1992) vawd “Instead, the section broadly states “[Wellmore Coal] shall not have any liability for reclamation not current with respect to coal mining activity conducted by PCC through the date hereof, and [Patrick Petroleum] shall indemnify and hold harmless [Wellmore Coal] against any such…”
National Wildlife Federation v. Manuel Lujan, Jr., Secretary, Department of the Interior (1991) cadc “Section 508, 30 U.S.C. § 1258 . 4 A *768 permit application can only be approved if it demonstrates that “all requirements” of the Act have been satisfied and that “reclamation as required by [the Act] .”
Citizens for Responsible Resource Development v. Watt (1984) almd “Plaintiff asserts that this Alabama Regulation is less stringent than and not in compliance with its federal counterpart — 30 U.S.C. § 1258 (a) 5 — in that the Alabama provision would delay submission of the reclamation plan until near the end of the coal extraction.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.