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. § 1278

Surface mining operations not subject to this chapter

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The provisions of this chapter shall not apply to any of the following activities:(1) the extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; and(2) the extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction under regulations established by the regulatory authority.(Pub. L. 95–87, title V, § 528, Aug. 3, 1977, 91 Stat. 514; Pub. L. 100–34, title II, § 201(a), May 7, 1987, 101 Stat. 300.)Editorial NotesAmendments

1987—Pub. L. 100–34 inserted “and” after “him;” in par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “the extraction of coal for commercial purposes where the surface mining operation affects two acres or less; and”.

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Pub. L. 100–34, title II, § 201(b)–(e), May 7, 1987, 101 Stat. 300, provided that:“(b)Effective Date for New Operations.—The amendments made by this section [amending this section] shall take effect on the date 30 days after the enactment of this Act [May 7, 1987] with respect to each operator commencing surface coal mining operations on or after such date.“(c)Effective Date for Existing Operations.—The amendments made by this section shall take effect on the date 6 months after the enactment of this Act with respect to each operator commencing surface coal mining operations pursuant to an authorization under State law before the date 30 days after the enactment of this Act. Nothing in this Act [amending this section and section 1232 of this title] shall preclude reclamation activities pursuant to State law or regulations at the site of any surface coal mine which was exempt from the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] under section 528(2) of that Act [30 U.S.C. 1278(2)], as in effect before the enactment of this Act.“(d)Effect on State Law.—To the extent that any provision of a State law, or of a State regulation, adopted pursuant to the exception under section 528(2) of the Surface Mining Control and Reclamation Act of 1977 as in effect before the enactment of this Act, is inconsistent with the amendments made by this section, such provision shall be of no further force and effect after the effective date of such amendments.“(e)Definition.—For purposes of this section, the term ‘surface coal mining operations’ has the meaning provided by section 701(28) of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1291(28)].”

Notes of Decisions
Cited in 22 cases, 1982–2002 · leading case: Save Our Cumberland Mountains, Inc. v. Donald P. Hodel, Sec'y of the Interior, 826 F.2d 43 (D.C. Cir. 1987).
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Save Our Cumberland Mountains, Inc. v. Donald P. Hodel, Sec'y of the Interior, 826 F.2d 43 (D.C. Cir. 1987). “The suit alleged that the Secretary of the Interior had improperly failed to enforce the SMCRA against operators who had unlawfully invoked a statutory exemption from the SMCRA’s coverage, 30 U.S.C. § 1278 (2) (1982), and that the Secretary’s suspension and withdrawal of a rule…”
Cumberland Reclamation Co. v. Sec'y, United States Dep't of the Interior, 925 F.2d 164 (6th Cir. 1991). · cites it 3× “The statutory basis of the two-acre exemption is section 528 of the SCMRA, codified at 30 U.S.C. § 1278 (2), which states that the SCMRA does not apply to “the extraction of coal for commercial purposes where the surface mining operation affects two acres or less.”
United States v. HGD & J. Min. Co., Inc., 561 F. Supp. 315 (S.D.W. Va 1983). · cites it 2× “The reasonableness of that construction and interpretation here accorded the word “including” and the list which follows it in that definition is reinforced when that definition is read pari materia with 30 U.S.C. § 1278 , which clearly provides that the provisions of the Act…”
In Re Permanent Surface Mining Reg. Litig., 620 F. Supp. 1519 (D.D.C. 1985). “” They further argue that the definition fails to implement properly the requirement of § 528(2), 30 U.S.C. § 1278 (2), of the Act that only commercial “operations that affect two acres or less” be exempted from the provisions of the Act because a broad roads exemption will…”
Save Our Cumberland Mountains, Inc. v. Hodel, 622 F. Supp. 1160 (D.D.C. 1985). “” 30 U.S.C. § 1278 (2). Specifically, mines falling under this exemption are not required to obtain the normally required permits or pay fees into the Abandoned Mine Reclamation Fund.”
Nat'l Wildlife Fed'n v. Lujan, 733 F. Supp. 419 (D.D.C. 1990). “[Additionally, SMCRA § 528, 30 U.S.C.A. § 1278 ] specifically exempts three classes of coal mining operations from all of the standards of the Act: 1) the extraction by a landowner for his own use, 2) the extraction of coal for commercial purposes from sites that affect two…”
United States v. Kennedy, 806 F.2d 111 (7th Cir. 1985). · cites it 2× “30 U.S.C. § 1278 . In enacting the SMCRA, Congress explicitly directed the Secretary of the Interior to, “publish and promulgate such rules and regulations as may be necessary to carry out the purposes and provisions of this chapter .”
United States v. Dix Fork Coal Co., 692 F.2d 436 (6th Cir. 1982). “” 30 U.S.C. § 1278 (2). The Surface Disturbance Mining Permit issued to Dix Fork by the Commonwealth of Kentucky authorized the disturbance of 1.”
Save Our Cumberland Mountains, Inc. v. Watt, 558 F. Supp. 22 (D.D.C. 1982). “I THE SOLE RELIEF WHICH THE COURT MIGHT NOW GRANT IS REINSTATEMENT OF THE WITHDRAWN REGULATION In their original complaint, plaintiffs made three charges:' I) that defendants had improperly withdrawn a regulation interpreting the two-acre exemption of § 528(2) of the Surface…”
Jaward Corp. v. Watt, 564 F. Supp. 797 (W.D. Va. 1983). “The two-acre exemption is stated in the SMCRA as follows: The provisions of this chapter shall not apply to any of the following activities: (2) the extraction of coal for commercial purposes where the surface mining operation affects two acres or less; .”
United States v. Shelton Coal Corp., 647 F. Supp. 264 (W.D. Va. 1986). “Defendant in this case relies upon 30 U.S.C. § 1278 , which provides: Provisions of this Act shall not apply to any of the following activities .”
Pennsylvania Coal Ass'n v. Babbitt, 63 F.3d 231 (3rd Cir. 1995). “§ 1255 (b) (section 505(b)) applies to 30 U.S.C. § 1278 , we see no reason not to apply it to 30 U.”
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— 30 U.S.C. § 1278(3) — 1 case
Martin v. Hodel, 692 F. Supp. 637 (W.D. Va. 1988).
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