U.S Code last checked for updates: Apr 28, 2024
§ 1254.
Federal programs
(a)
Promulgation and implementation by Secretary for State
The Secretary shall prepare and, subject to the provisions of this section, promulgate and implement a Federal program for a State no later than thirty-four months after August 3, 1977, if such State—
(1)
fails to submit a State program covering surface coal mining and reclamation operations by the end of the eighteen-month period beginning on August 3, 1977;
(2)
fails to resubmit an acceptable State program within sixty days of disapproval of a proposed State program: Provided, That the Secretary shall not implement a Federal program prior to the expiration of the initial period allowed for submission of a State program as provided for in clause (1) of this subsection; or
(3)
fails to implement, enforce, or maintain its approved State program as provided for in this chapter.
If State compliance with clause (1) of this subsection requires an act of the State legislature, the Secretary may extend the period of submission of a State program up to an additional six months. Promulgation and implementation of a Federal program vests the Secretary with exclusive jurisdiction for the regulation and control of surface coal mining and reclamation operations taking place on lands within any State not in compliance with this chapter. After promulgation and implementation of a Federal program the Secretary shall be the regulatory authority. If a Federal program is implemented for a State, section 1272(a), (c), and (d) of this title shall not apply for a period of one year following the date of such implementation. In promulgating and implementing a Federal program for a particular State the Secretary shall take into consideration the nature of that State’s terrain, climate, biological, chemical, and other relevant physical conditions.
(b)
Federal enforcement of State program
(c)
Notice and hearing
(d)
Review of permits
(e)
Submission of State program after implementation of Federal program
(f)
Validity of Federal program permits under superseding State program
(g)
Preemption of State statutes or regulations
(h)
Coordination of issuance and review of Federal program permits with any other Federal or State permit process
(Pub. L. 95–87, title V, § 504, Aug. 3, 1977, 91 Stat. 471.)
cite as: 30 USC 1254