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 pastime. Because when a monetary consideration depends upon the result of a match in which professionals figure as participants, roughness, brutality, will characterize it, to the disgust of the spectators, whose attendance sustains the interest and provides the sinews of war which keep the game alive. Moreover, the athletic vice of professionalism should be stamped out for this reason, especially, that when a young man sees his way clear to earn a livelihood at sports, he will seldom fail to throw away on them the most valuable time of his life, by neglecting the duties that his age demands.

3. The sight afforded by a scientific hockey match acts upon the spectators in a variety of ways. Cold, uncomfortably cold, before the game begins, they are gradually worked into a state of warmth by an excitement that makes them forget the weather, their friends and everything but the keen scientific play in progress.

Without comparing it to an oil painting of a chariot race, an Indian buffalo hunt or a fierce battle, what is prettier than the spectacle that a good game presents, of four stalwart, shapely forwards tearing down the ice, playing their lightning combination, of a brilliant rush stopped by an equally brilliant defence play, of a quick dash through a struggling mass of excited


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Page:United States Statutes at Large Volume 91.djvu/475

 PUBLIC LAW 95-86—AUG. 2, 1977

91 STAT. 441

members only, or to members at a price lower than to others; expenses authorized by section 804(14) of the United States Information and Educational Exchange Act, as amended (22 U.S.C. 1474); radio activities and acquisition and production of motion pictures and visual materials and purchase or rental of technical equipment and facilities therefor, narration, scriptwriting, translation, and engineering services, by contract or otherwise; and purchase of objects for presentation to foreign governments, schools, or organizations; $262,000,000: Provided, That not to exceed $290,000 may be used for representation abroad: Provided further, That passenger motor vehicles used abroad exclusively for the purposes of this appropriation may be replaced in accordance with section 201(c) of the Act of June 30, 1949 (40 U.S.C. 481(c)), and the cost, including the exchange allowance, of each such replacement, shall not exceed such amounts as may be otherwise pro- , vided by law (except that right-hand drive vehicles may be purchased without regard to any maximum price limitation otherwise established by law): Provided further, That, notwithstanding the provisions of 22 USC 1461b. section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), the United States Information Agency is authorized, in making contracts for the use of international shortwave radio stations and facilities, to agree on behalf of the United States to indemnify the owners and operators of said radio stations and facilities from such funds as may be hereafter appropriated for the purpose against loss or damage on account of injury to persons or property arising from such use of said radio stations and facilities. SALARIES AND EXPENSES

(SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the United States Information Agency, as authorized by law, including Section 804(14) of the United States Information and Educational Exchange Act, as amended (22 U.S.C. 1474), $7,057,000, to remain available until expended. SPECIAL INTERNATIONAL

EXHIBITIONS

For expenses necessary to carry out the functions of the United States Information Agency under section 102(a)(3) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.), $4,360,000, to remain available until expended: Provided, That not to exceed a total of $6,500 may be expended for representation. ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES

For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception, purchase and installation of necessary equipment for radio transmission and reception, without regard to the provisions of the Act of June 30, 1932 (40 U.S.C. 278a), and acquisition of land and interests in land by purchase, lease, rental, or otherwise, $13,032,000, to remain available until expended: Provided, That this appropriation shall be available for acquisition of land outside the continental United States without regard to section 355 of the Revised Statutes (40 U.S.C. 255) and title to any land so acquired shall be approved by the Director of the United States Information Agency.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 91.djvu/476

 91 STAT. 442

PUBLIC LAW 95-86—AUG. 2, 1977 TITLE VI—SUPPLEMENTAL APPROPRIATIONS, 1977 For additional amounts for the fiscal year 1977 for increased pay costs authorized or pursuant to law, and other purposes to be immediately available, as follows: DEPARTMENT OF STATE INTERNATIONAL ORGANIZATIONS AND CONFERENCES

"Missions to international organizations," $145,000; INTERNATIONAL

COMMISSIONS

"American sections,dnternational commissions," $20,000; i

,

GENERAL ADMINISTRATION

'

DEPARTMENT OF JUSTICE

SALARIES AND EXPENSES, GENERAL ADMINISTRATION

For an additional amount for "Salaries and expenses, general administration", $147,000, to be derived by transfer from "Salaries and expenses, Community Relations Services". LEGAL ACTIVITIES '

42 USC 3739.

•

'

•

«

ANTITRUST DIVISION

'

For salaries and expenses to provide antitrust enforcement grants to the States authorized by section 309 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, $1,000,000. THE

JUDICIARY

COURT OF CUSTOMS AND PATENT APPEALS

"Salaries and expenses," $41,000; CUSTOMS

COURT

"Salaries and expenses," $73,000;

,

''"

•'••'.

COURT OF CLAIMS

"Salaries and expenses," $159,000; ^"'

-

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER J U D I C I A L

SERVICES

"Salaries of judges," $4,300,000; "Salaries of supporting personnel," $249,000; "Salaries and expenses of United States Magistrates," $450,000; "Salaries and expenses of referees," $1,435,000; ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

"Salaries and expenses," $53,000;

,;

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Page:United States Statutes at Large Volume 91.djvu/477

 PUBLIC LAW 95-86—AUG. 2, 1977

91 STAT. 443

FEDERAL JUDICIAL CENTER

"Salaries and expenses," $20,000; RELATED AGENCIES ARMS CONTROL AND DISARMAMENT AGENCY

"Arms control and disarmament activities," $220,000. BOARD FOR INTERNATIONAL BROADCASTING

"Grants and Expenses", $3,350,000, to remain available until expended, which shall be available only for fluctuations in foreign currency exchange rates in accordance with the provisions of section 8 of the Board for International Broadcasting Act of 1973, as amended. 22 USC 2877. SMALL BUSINESS ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and Expenses", $500,000 to be transferred from the Disaster Loan Fund. DISASTER LOAN

FUND

For additional capital for the "Disaster Loan Fund", authorized by the Small Business Act, as amended, $200,000,000 to remain available 15 USC 633. without fiscal year limitation. TITLE VII—GENERAL PROVISIONS SEC. 701. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 702. No part of any appropriation contained in this Act shall be used to administer any program which is funded in whole or in part from foreign currencies or credits for which a specific dollar appropriation therefor has not been made. SEC. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 704. No part of the funds appropriated by this Act shall be used to pay the salary of any Federal employee who is finally convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 705. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of, or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials or students in such institution from engaging in their duties or pursuing their studies at such institution.

Publicity or propaganda. Foreign currency funded programs, Fiscal year limitation, Convicted rioters, payment prohibitions,

Funds to campus disrupters, prohibitions,

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Page:United States Statutes at Large Volume 91.djvu/478

 91 STAT. 444

PUBLIC LAW 95-86—AUG. 2, 1977

Alleged selective service violators.

SEC. 706. None of the funds appropriated or otherwise made available in this Act shall be obligated or expended for salaries or expenses in connection with the dismissal of any pending indictments for violations of the Military Selective Service Act alleged to have occurred between August 4, 1964 and March 28, 1973, or the termination of any investigation now pending alleging violations of the Military Selective Service Act between August 4, 1964 and March 28, 1973, or permitting any person to enter the United States who is or may be precluded from entering the United States under 8 U.S.C. 1182(a) (22) or under any other law, by reason of having committed or apparently committed any violation of the Military Selective Service Act. SEC. 707. None of the funds appropriated or otherwise made available in this Act shall be obligated or expended to make a commitment to provide any reparations, aid, or credits to Vietnam, Cambodia, or Laos. SEC. 708. No part of any appropriation contained in this Act shall be used for the purpose of negotiating a settlement of United States claims against private property confiscated by the Cuban Government at less than the principal value, giving full consideration to the amounts certified by the United States Foreign Claims Settlement Commission on July 6, 1972. This Act may be cited as the "Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1978".

50 USC app. 451.

Settlement of property confiscated by Cuba.

Short title.

Approved August 2, 1977.,

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-382 (Comm. on Appropriations) and No. 95-476 (Coram, of Conference). SENATE REPORT No. 95-285 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): June 10, 13, considered and passed House. .. June 24, considered and passed Senate, amended. July 18, House agreed to conference report; concurred in certain Senate amendments with an amendment. July 19, Senate agreed to conference report; concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug. 3, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/479

 PUBLIC LAW 95-87—AUG. 3, 1977

PublicLaw95-87

,:::';

-'

91 STAT. 445

'

^

95th Congress An Act To provide for the cooperation between the Secretary of the Interior ano the States with respect to the regulation of surface coal mining operations, and the acquisition and reclamation of abandoned mines, and for other purposes.

Aug. 3, 1977 [H.R. 2]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act Surface Mining may be cited as the "Surface Mining Control and Eeclamation Act Control and of 1977".

Reclamation Act ^} 1977. 30 USC 1201 note.

TABLE OF CONTENTS TITLE I—STATEMENT OF FINDINGS AND POLICY Sec. 101. Findings. Sec. 102. Purposes. TITLE II—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT Sec. 201. Creation of the Office.

>-

TITLE III—STATE MINING AND MINERAL RESOURCES AND RESEARCH INSTITUTES Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 306. 307. 308. 309.

Authorization of State allotments to institutes. Research funds to institutes. Funding criteria. Duties of the Secretary. Autonomy. " '•-'•• Miscellaneous provisions. Center for cataloging. Interagency cooperation. Advisory committee. TITLE IV—ABANDONED MINE RECLAMATION

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405. 406. 407.

Sec. Sec. Sec. Sec. Sec. Sec.

408. 409. 410. 411. 412. 413.

Abandoned Mine Reclamation Fund and purposes. Reclamation fee. Objectives of fund. Eligible lands and water. State reclamation programs. Reclamation of rural lands. Acquisition and reclamation of land adversely affected by past coal mining practices. Liens. Filling voids and sealing tunnels. Emergency powers. Fund report. Miscellaneous powers. Interagency cooperation. .....

TITLE V—CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING Sec. Sec. Sec. Sec.

501. 502. 503. 504.

Environmental protection standards. Initial regulatory procedures. State programs. Federal programs. ,

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Page:United States Statutes at Large Volume 91.djvu/480

 91 STAT. 446

PUBLIC LAW 95-87—AUG. 3, 1977 TITLE V—CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING—Continued . „, ••;•- \'-}:;:'-.- I CJ'IJ'V

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 * _• ' '
 * <• i

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Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

505. 506. 507. 508. 509. 510. 511. 512. 513. 514. 515. 516. 517. 518. 519. 520. 521. 522. 523. 524. 525. 526. 527. 528. 529.

State laws. Permits. '' Application requirements. Reclamation plan requirements. Performance bonds. Permit approval or denial. Revision of permits. Coal exploration and permits. Public notice and public hearings. Decisions of regulatory authority and appeals. Environmental protection performance standards. Surface effects of underground coal mining operations. Inspections and monitoring. Penalties. Release of performance bonds or deposits. Citizen suits. Enforcement. Designating areas unsuitable for surface coal mining. Federal lands. Public agencies, public utilities, and public corporations. Review by Secretary. Judicial review. Special bituminous coal mines. if: Surface mining operations not subject to this Act. Anthracite coal mines.

li"!,.;
 * H

TITLE VI—DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-

Sec. 601. Designation procedures. TITLE VII—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS Sec. Sec. Sec. Sec. Sec. Sec. Sec. S^c. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

701. Definitions. 702. Other Federal laws. 703. Employee protection. ,.; ' •:704. Protection of Government employees. 705. Grants to the States. ... ,. 706. Annual report. 707. Severability. 708. Alaskan surface coal mine study. 709. Study of reclamation standards for surface mining of other minerals. 710. Indian lands. 711. Experimental practices. 712. Authorization of appropriations. 713. Coordination of regulatory and inspection activities. . . 714. Surface owner protection. 715. Federal lessee protection. 716. Alaska coal. 717. Water rights and replacement. 718. Advance appropriations. 719. Certification and training of blasters. TITLE VIII—UNIVERSITY COAL RESEARCH LABORATORIES

Sec. Sec. Sec. Sec. Sec. Sec.

801. 802. 803. 804. 805. 806.

Establishment of university coal research laboratories. Financial assistance. Limitation of payments. Payments. Advisory Council on Coal Research. Authorization of appropriations. .,

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Page:United States Statutes at Large Volume 91.djvu/481

 PUBLIC LAW 95-87—AUG. 3, 1977 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

91 STAT. 447

TITLE IX—ENERGY RESOURCE GRADUATE FELLOWSHIPS 901. Program authorized. 902. Awarding of fellowsliips. 903. Distribution of fellowships. 904. Stipends and institutions of higher education allowances. 905. Limitation. 906. Fellowship conditions. 907. Appropriations authorized. 908. Research and demonstration projects of alternative coal mining technologies.

TITLE I—STATEMENT OF FINDINGS AND POLICY FINDINGS

SEC. 101. The Congress finds and declares that— 30 USC 1201. (a) extraction of coal and other minerals from the earth can be accomplished by various methods of mining, including surface mining; (b) coal mining operations presently contribute significantly to the Nation's energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of the Nation's coal reserves can only be extracted by underground mining methods, and it is, therefore, essential to the national interest to insure the existence of an expanding and economically healthy underground coal mining i n d u s t r y; (c) many surface mining operations result in disturbances of surface areas that burden and adversely affect commerce and the public welfare by destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes, by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by dam-. aging the property of citizens, by creating hazards dangerous to life and property by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources; (d) the expansion of coal mining to meet the Nation's energy needs makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public. (e) surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the States and by the Federal Government in accordance with the requirements of this Act is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of such mining operations; (f) because of the diversity in terrain, climate, biologic, chemical, and other physical conditions in areas subject to mining operations, the p r i m a r y governmental responsibility for developing, authorizing, issuing, and enforcing regulations for surface mining and reclamation operations subject to this Act should rest with the States: (g) surface mining and reclamation standards are essential in order to insure that comnetition in interstate commerce among sellers of coal produced in different States will not be used to

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Page:United States Statutes at Large Volume 91.djvu/482

 91 STAT. 448

j,K r v- ; i\F. '

PUBLIC LAW 95-87—AUG. 3, 1977 undermine the ability of the several States to improve and maintain adequate standards on coal mining operations within their borders; (h) there are a substantial number of acres of land throughout major regions of the United States disturbed by surface and underground coal on which little or no reclamation was conducted, and the impacts from these unreclaimed lands impose social and economic costs on residents in nearby and adjoining areas as well as continuing to impair environmental quality; (i) while there is a need to regulate surface mining operations for minerals other than coal, more data and analyses are needed to serve as a basis for effective and reasonable regulation of such operations; (j) surface and underground coal mining operations affect interstate commerce, contribute to the economic well-being, security, and general welfare of the Nation and should be conducted in an environmentally sound manner; and (k) the cooperative effort established by this Act is necessary to prevent or mitigate adverse environmental effects of present and future surface coal mining operations. PURPOSES

30 USC 1202.

SEC. 102. It is the purpose of this Act to— (a) establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations; (b) assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations; (c) assure that surface mining operations are not conducted where reclamation as required by this Act is not feasible; (d) assure that surface coal mining operations are so conducted as to protect the environment; (e) assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations; (f) assure that the coal supply essential to the Nation's energy requirements, and to its economic and social well-being is provided and strike a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy; (g) assist the States in developing and implementing a program to achieve the purposes of this Act; (h) promote the reclamation of mined areas left without adequate reclamation prior to the enactment of this Act and which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public; (i) assure that appropriate procedures are provided for the puijlic participation in the development, revision, and enforcement of regulations, standards, reclamation plans, or programs established by the Secretary or any State under this Act; (j) provide a means for development of fhe data and analyses necessary to establish effective and reasonable regulation of surface mining operations for other minerals;

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text: Author:Wynnard Hooper

title: Author:Wynnard Hooper


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Page:United States Statutes at Large Volume 91.djvu/483

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. M 9

(k) encourage the full utilization of coal resources through the development and application of underground extraction technologies; (1) stimulate, sponsor, provide for and/or supplement present programs for the conduct of research investigations, experiments, and demonstrations, in the exploration, extraction, processing, development, and production of minerals and the training of mineral engineers and scientists in the field of mining, minerals resources, and technology, and the establishment of an appropriate research and training center in various States; and (m) wherever necessary, exercise the full reach of Federal constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations. TITLE II—OFFICE OF SUEFACE MINING KECLAMATION AND ENFORCEMENT CREATION OF THE OFFICE

SEC. 201. (a) There is established in the Department of the Interior, the Office of Surface Mining Reclamation and Enforcement (hereinafter referred to as the "Office"). (b) The Office shall have a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of the United States Code, and such other employees as may be required. Pursuant to section 5108, title 5, and after consultation with the Secretary, a majority of members of the Civil Service Commission shall determine the necessary number of positions in general schedule employees in grade 16, 17, and 18 to perform functions of this title and shall allocate such positions to the Secretary. The Director shall have the responsibilities provided under subsection (c) of this section and those duties and responsibilities relating to the functions of the Office which the Secretary may assign, consistent with this Act. Employees of the Office shall be recruited on the basis of their professional competence and capacity to administer the provisions of this Act. The Office may use, on a reimbursable basis when appropriate, employees of the Department and other Federal agencies to administer the provisions of this Act, providing that no legal authority, program, or function in any Federal agency which has as its purpose promoting the development or use of coal or other mineral resources or regulating the health and safety of miners under provisions of the Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742), shall be transferred to the Office. (c) The Secretary, acting through the Office, shall— (1) administer the programs for controlling surface coal mining operations which are required by this Act; review and approve or disapprove State programs for controlling surface coal mining operations and reclaiming abandoned mined lands; make those investigations and inspections necessary to insure compliance with this Act; conduct hearings, administer oaths, issue subpenas, and compel the attendance of witnesses and production of written or printed material as provided for in this Act; issue cease-and-desist orders; review and vacate or modify or approve orders and decisions; and order the suspension, revocation, or withholding of any permit for failure to comply with any of the provisions of this Act or any rules and regulations adopted pursuant thereto;

Establishment.

30 USC 1211. Director.

5 USC 5315.

5 USC 5332 note,

30 USC 801 note.

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Page:United States Statutes at Large Volume 91.djvu/484

 91 STAT. 450 Rules and regulations.

Post, p. 507.

Publication in Federal Register. 30 USC 801 note.

Conflict of interest. Penalties.

PUBLIC LAW 95-87—AUG. 3, 1977 (2) publish and promulgate such rules and regulations as may be necessary to carry out the purposes and provisions of this Act; (3) administer the State grant-in-aid program for the development of State programs for surface and mining and reclamation operations provided for in title V of this Act; (4) administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas pursuant to title IV of this Act; (5) administer the surface mining and reclamation research and demonstration project authority provided for in this Act; (6) consult with other agencies of the Federal Government having expertise in the control and reclamation of surface mining operations and assist States, local governments, and other eligible agencies in the coordination of such programs; (7) maintain a continuing study of surface mining and reclamation operations in the United States; (8) develop and maintain an Information and Data Center on Surface Coal Mining, Reclamation, and Surface Impacts of Underground Mining, which will make such data available to the public and the Federal, regional, State, and local agencies conducting or concerned with land use planning and agencies concerned with surface and underground mining and reclamation operations; (9) assist the States in the development of State programs for surface coal mining and reclamation operations which meet the requirements of the Act, and at the same time, reflect local requirements and local environmental and agricultural conditions; (10) assist the States in developing objective scientific criteria and appropriate procedures and institutions for determining those areas of a State to be designated unsuitable for all or certain types of surface coal mining pursuant to section 522; (11) monitor all Federal and State research programs dealing with coal extraction and use and recommend to Congress the research and demonstration projects and necessary changes in public policy which are designated to (A) improve feasibility of underground coal mining, and (B) improve surface mining and reclamation techniques directed at eliminating adverse environmental and social impacts; (12) cooperate with other Federal agencies and State regulatory authorities to minimize duplication cf inspections, enforcement, and administration of this Act; and (13) perform such other duties as may be provided by law and relate to the purposes of this Act. (d) The Director shall not use either permanently or temporarily any person charged with responsibility of inspecting coal mines under the Federal Coal Mine Health and Safety Act of 1969, unless he finds and publishes such finding in the Federal Register, that such activities would not interfere with such inspections under the 1969 Act. (e) The Office shall be considered an independent Federal regulatory agency for the purposes of sections 3502 and 3512 of title 44 of the United States Code. (f) No employee of the Office or any other Federal employee performing any function or duty under this Act shall have a direct or indirect financial interest in underground or surface coal mining operations. Whoever knowingly violates the provisions of the above sentence shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment for not more than one year, or both.

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Page:United States Statutes at Large Volume 91.djvu/485

 PUBLIC LAW 95-87—AUG. 3, 1977 The Director shall (1) within sixty days after enactment of this Act publish regulations, in accordance with section 553 of title 5, United States Code, to establish the methods by which the provisions of this subsection will be monitored and enforced, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning their financial interests which may be affected by this subsection, and (2) report to the Congress as part of the annual report (section 706) on the actions taken and not taken during the preceding calendar year under this subsection. (g)(1) After the Secretary has adopted the regulations required by section 501 of this Act, any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of a rule under this Act. (2) Such petitions shall be filed in the principal office of the Director and shall set forth the facts which it is claimed established that it is necessary to issue, amend, or repeal a rule under this Act. (3) The Director may hold a public hearing or may conduct such investigation or proceeding as the Director deems appropriate in order to determine whether or not such petition should be granted. (4) W i t h i n ninety days after filing of a petition described in paragraph (1), the Director shall either g r a n t or deny the petition. If the Director g r a n t s such petition, the Director shall promptly commence an appropriate proceeding in accordance with the provisions of this Act. If the Director denies such petition, the Director shall so notify the petitioner in writing setting forth the reasons for such denial.

91 STAT. 4 5 1 Regulations.

Report to Congress. Post, p. 521. Petition.

Filing.

Hearing or investigation.

Notification.

TITLE III—STATE MINING AND MINERAL RESOURCES AND RESEARCH INSTITUTES AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES

SEC. 301. (a) There are authorized to be appropriated to the Sec- 30 USC 1221. retary of the Interior sums adequate to provide for each participating State $200,000 for fiscal year 1978, $300,000 for fiscal year 1979, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute, or center (hereinafter referred to as "institute") at one public college or university in the State which has in existence at the time of enactment of this title a school of mines, or division, or department conducting a program of substantial instruction and research in mining or minerals extraction or which establishes such a school of mines, or division, or department subsequent to the enactment of this title and which school of mines, or division or department shall have been in existence for at least two years. The Advis-ory Committee on Mining and Minerals Resources Research as created by this title shall determine a college or university to have an eligible school of mines, or division or department conducting a program of substantial instruction and researcli in mining or minerals extraction wherein education and research in the minerals engineering fields are being carried out and wherein at least four full-time permanent faculty members are employed: Provided, That — (1) such moneys when appropriated shall be made available to match, on a dollar-for-dollar basis, non-Federal funds which shall be at least equal to the Federal share to support the institute; (2) if there is more than one such eligible college or university in a State, funds under this title shall, in the absence of a designation to the contrary by act of the legislature of the State, be paid

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Page:United States Statutes at Large Volume 91.djvu/486

 91 STAT. 452

PUBLIC LAW 95-87—AUG. 3, 1977 to one such college or university designated by the Governor of the State; and (3) where a State does not have a public college or university with an eligible school of mines, or division, or department conducting a program of substantial instruction and research in mining or mineral extraction, said advisory committee may allocate the State's allotment to one private college or university which it determines to have an eligible school of mines, or division, or department as provided herein, (b) I t shall be the duty of each such institute to plan and conduct and / o r arrange for a component or components of the college or university with which it is affiliated to conduct competent research, inve.stigations, demonstrations, and experiments of either a basic or practical nature, or both, in relation to mining and mineral resources and to provide for the training of mineral engineers and scientists through such research, investigations, demonstrations, and experiments. Such r'esearch, investigations, demonstrations, experiments, and training may include, without being limited; exploration; extraction; processi n g; and development; production of mineral resources; mining and mineral technology; supply and demand for minerals; conservation and best use of available supplies of minerals; the economic, legal, social, engineering, recreational, biological, geographic, ecological, and other aspects of mining, mineral resources, and mineral reclamation, having due regard to the interrelation on the natural environment, the varying conditions and needs of the respective States, and to mining and mineral resources research projects being conducted by agencies of the Federal and State governments, and other institutes. RESEARCH FUNDS TO INSTITUTES

Appropriation authorization.

30 USC 1222.

Application, contents.

SEC. 302. (a) There is authorized to be appropriated annually for seven years to the Secretary of the Interior the sum of $15,000,000 in fiscal year 1978, said sum increased by $2,000,000 each fiscal year thereafter for six years, which shall remain available until expended. Such moneys when appropriated shall be made available to institutes to meet the necessary expenses for purposes of: (1) specific mineral research and demonstration projects of industrywide application, which could not otherwise be undertaken, including the expenses of planning and coordinating regional mining and mineral resources research projects by two or more institutes, and (2) research into any aspects of mining and mineral resources problems related to the mission of the Department of the Interior, which may be deemed desirable and are not otherwise being studied. (b) E a c h application for a g r a n t pursuant to subsection (a) of this section shall, among other things, state the nature of the project to be undertaken, the period during which it will be pursued, the qualifications of the personnel who will direct and conduct it, the estimated costs, the importance of the project to the Nation, region, or State concerned, and its relation to other known research projects theretofore pursued or being pursued, and the extent to which it will provide opportunity for the t r a i n i n g of mining and mineral engineers and scientists, and the extent of participation by nongovernmental sources in the project. (c) The Secretary shall, insofar as it is practicable, utilize the facilities of institutes designated in section 301 of this title to perforin such special research, authorized by this section, and shall select the

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Page:United States Statutes at Large Volume 91.djvu/487

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 453

institutes for the perfonnance of such special research on the basis of the qualifications without regard to race or sex of the personnel who will conduct and direct it, and on the basis of the facilities available in relation to the particular needs of the research project, special geographic, geologic, or climatic conditions within the immediate vicinity of the institute in relation to any special requirements of the research project, and the extent to which it will provide opportunity for training individuals as mineral engineers and scientists. The Secretary may designate and utilize such portions of the funds authorized to be appropriated by this section as he deems appropriate for the purpose of providing scholarships, graduate fellowships, and postdoctoral fellowships. (d) No grant shall be made under subsection (a) of this section except for a project approved by the Secretary of the Interior and all grants shall be made upon the basis of merit of the project,, the need for the knowledge which it is expected to produce when completed, and the opportunity it provides for the training of individuals as mineral engineers and scientists. (e) No portion of any grant under this section shall be applied to the acquisition by purchase or lease of any land or interests therein or the rental, purchase, construction, preservation, or repair of any building. FUNDING CRITERIA

SEC. 308. (a) Sums available to institutes under the terms of sec- Payment. tions 301 and 302 of this title shall be paid at such times and in such 30 USC 1223. amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Each institute shall set forth its plan Plan. to provide for the training of individuals as mineral engineers and scientists under a curriculum appropriate to the field of mineral resources and mineral engineering and related fields; set forth policies and procedures which assure that Federal funds made available under this title for any fiscal year will supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available for purposes of this title, and in no case supplant such funds; have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this title and shall make an annual report to the Secre- Annual report to tary on or before the first day of September of each year, on work Secretary of the accomplished and the status of projects underway, together with a Interior. detailed statement of the amounts received under any provisions of this title during the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary. If any of the moneys received by the authorized receiving officer of any institute under the provisions of this title shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, it shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State. (b) Moneys appropriated pursuant to this title shall be available for expenses for research, investigations, experiments, and training conducted under authority of this title. The institutes are hereby authorized and encouraged to plan and conduct programs under this title in cooperation with each other and with such other agencies and individuals as may contribute to the solution of the mining and mineral resources problems involved, and moneys appropriated pursuant to this title shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research.

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Page:United States Statutes at Large Volume 91.djvu/488

 91 STAT. 454

PUBLIC LAW 95-87—AUG. 3, 1977 DUTIES OF THE SECRETARY

Consultation. Rules and regulations.

30 USC 1224.

Annual report to Congress.

SEC. 304. (a) The Secretary of the Interior is hereby charged with the responsibility for the proper administration of this title and, after full consultation with other interested Federal agencies, shall prescribe such rules and regulations as may be necessary to carry out, its provisions. The Secretary shall furnish such advice and assistance as will best promote the purposes of this title, participate in coordinating research initiated under this title by the institutes, indicate to them such lines of inquiry as to liim seem most important, and encourage and assist in the establishment and maintenance of cooperation by and between the institutes and between them and other research organizations, the United States Department of the Interior, and other Federal establishments. (b) On or before the 1st day of July in each year after the passage of this title, the Secretary shall ascertain whether- the requirements of section 303(a) have been met as to each institute and State. (c) The Secretary shall make an annual report to the Congress of the receipts, expenditures, and work of the institutes in all States under the provisions of this title. The Secretary's report shall indicate whether any portion of an appropriation available for allotment to any State has been withheld and, if so, the reason therefor. AUTONOMY

30 USC 1225.

SEC. 305. Nothing in this title shall be construed to impair or modify the legal relationship existing between any of the colleges or universities under whose direction an institute is established and the government of the State in which it is located, and nothing in this title shall in any way be construed to authorize Federal control or direction of education at any college or university. MISCELLANEOUS PROVISIONS

30 USC 1226.

'' '

Information, availability to public,

Contracts.

S E C 306. (a) The Secretary of the Interior shall obtain the continuing advice and cooperation of all agencies of the Federal Government concerned with mining and mineral resources, of State and local governments, and of private institutions and individuals to assure that the programs authorized in this title will supplement and not duplicate established mining and minerals research programs, to stimulate research in otherwise neglected areas, and to contribute to a comprehensive nationwide program of mining and minerals research, having due regard for the protection and conservation of the environment. The Secretary shall make generally available information and reports on projects completed, in progress, or planned under the provisions of this title, in addition to any direct publication of information by the institutes themselves. (b) Nothing in t h i s title is intended to give or shall be construed as giving the Secretary of the Interior any authority over mining and mineral resources research conducted by any agency of the Federal Government, or as repealing, superseding, or diminishing existing authorities or responsibilities of any agency of the Federal Government to plan and conduct, contract for, or assist in research in its area of responsibility and concern with mining and mineral resources. (c) Contracts or other arrangements for mining and mineral resources research work authorized under this title with an institute, educational institution, or nonprofit organization may be undertaken

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Page:United States Statutes at Large Volume 91.djvu/489

 PUBLIC LAW 95-87—AUG. 3, 1977 without regard to the provisions of section 3684 of the Revised Statutes (31 U.S.C. 529) when, in the judgment of the Secretary of the Interior, advance payments of initial expense are necessary to facilitate such work: Provided, That authority to make payments under this subsection shall be effective only to such extent or in such amounts as are provided in advance by appropriation Acts. (d)- Xo research, demonstration, or experiment shall be carried out under this Act by an institute financed by grants under this Act, unless all uses, products, processes, patents, and other developments resulting therefrom, with such exception or limitation, if any, as the Secretary may find necessary in the public interest, 'be available promptly to the general public. Nothing contained in this section shall deprive the owner of any background patent relating to any such activities of any rights which that owner may have under that patent. There are authorized to be appropriated such sums as are necessary for the printing and publishing of the results of activities carried out by institutes under the provisions of this Act and for administrative planning and direction, but such appropriations shall not exceed $1,000,000 in any fiscal year: Provided, That no new budget authority is authorized to be appropriated for fiscal year 1977.

91 STAT. 455

Research, results available to public.

Appropriation authorization.

CENTER FOR CATALOGING

SEC. 307. The Secretary shall establish a center for cataloging 30 USC 1227. current and projected scientific research in all fields of mining and mineral resources. Each Federal agency doing mining and mineral resources research shall cooperate by providing the cataloging center with information on work underway or scheduled by it. The cataloging center shall classify and maintain for public use a catalog of mining and mineral resources research and investigation projects in progress or scheduled by all Federal agencies and by such non-Federal agencies of government, colleges, universities, private institutions, firms, and individuals as may make such information available. INTERAGENCY COOPERATION

SEC. 308. The President shall, by such means as he deems appropri- 30 USC 1228. ate, clarify agency responsibility for Federal mining and mineral resources research and provide for interagency coordination of such research, including the research authorized by this title. Such coordination shall include— (a) continuing review of the adequacy of the Government-wide program in mining and mineral resources research; (b) identification and elimination of duplication and overlap between two or more agency programs; (c) identification of technical needs in various mining and mineral resources research categories; (d) recommendations with respect to allocation of technical effort among Federal agencies; (e) review of technical manpower needs and findings concerning management policies to improve the quality of the Government-wide research effort; and (f) actions to facilitate interagency communication at management levels. ADVISORY COMMITTEE

SEC. 309. (a) The Secretary of the Interior shall appoint an Advisory Qommittee on Mining and Mineral Research composed of—

Advisory Committee on Mining and Mineral Research, appointment. 30 USC 1229.

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Page:United States Statutes at Large Volume 91.djvu/490

 91 STAT. 456

Chairman. Consultation and recommendations.

Compensation and travel expenses.

5 USC 5332 note.

PUBLIC LAW 95-87—AUG. 3, 1977 (1) the Director, Bureau of Mines, or his delegate, with his consent; (2) the Director of the National Science Foundation, or his delegate, with his consent; (3) the President, National Academy of Sciences, or his delegate, with his consent; (4) the President, National Academy of Engineering, or his delegate, with his consent; (5) the Director, United States Geological Survey, or his delegate, with his consent; and (6) not more than four other persons who are knowledgeable in the fields of mining and mineral resources research, at least one of whom shall be a representative of working coal miners. (b) The Secretary shall designate the Chainnan of the Advisory Committee. The Advisory Committee shall consult with, and make recommendations to, the Secretary of the Interior on all matters involving or relating to mining and mineral resources research and such determinations as provided in this title. The Secretary of the Interior shall consult with, and consider recommendations of such Committee in the conduct of mining and mineral resources research and the making of any grant under this title. (c) Advisory Committee members, other than officers or employees of Federal, State, or local governments, shall be, for each day (including traveltime) during which they are performing committee business, entitled to receive compensation at a rate fixed by the Secretary but not in excess of the maximum rate of pay for grade GS-18 as provided in the General Schedule under section 5332 of title 5 of the United States Code, and shall, notwithstanding the limitations of sections 5703 and 5704 of title 5. United States Code, be fully reimbursed for travel, subsistence, and related expenses. TITLE IV—ABANDONED MINE RECLAMATION ABANDONED M I N E RECLAMATION FUND AND PURPOSES

Federal and State abandoned mine reclamation funds.

30 USC 1231. Deposits. Reclamation fees.

User charges.

Donations.

SEC. 401. (a) There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the "fund") which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this title shall be established by each State pursuant to an approved State program. (b) The fund shall consist of amounts deposited in the fund, from time to time derived from— (1) the reclamation fees levied under section 402 of this Act: Provided, That an amount not to exceed 10 per centum of such reclamation fees collected for any calendar quarter shall be reserved beginning in the first calendar year in which the fee is imposed and continuing for the remainder of that fiscal year and for the period in which such fee is imposed by law, for the purpose of section 507(c), subject to appropriation pursuant to authorization under section 712: Provided further, That not more than $10,000,000 shall be available for such purposes; (2) any user charge imposed on or for land reclaimed pursuant to this title, after expenditures for maintenance have been deducted; (3) donations by persons, corporations, associations, and foundations for the purposes of this title; and

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 players, or a ziz-zag, twisting, twirling, dodging run to score a deciding goal?

The pure air, the bright lights, the merry, laughing girls, the noisy enthusiastic boys, and age that's not too old to still enjoy the pleasure of a fascinating game, all combine, with the keen ice and the fast play, to make hockey the king of infatuating sports.

Essentially an exciting game, hockey thrills the player and fascinates the spectator. The swift race up and down the ice. the dodging, the quick passing and fast skating, make it an infatuating game. From the time that the whistle blows for the face-off until the exciting moment when the gong announces the end of the match, the players are rushing, struggling, and the spectators straining their eyes to catch every glimpse of the play.

Fast! it eclipses other games in this respect, as football outdoes croquet in point of roughness. Never a second to lose, never a moment to spare—an opportunity once lost is gone forever—and even one little slip, one miss, one fumble, is oftentimes the loss of a match.

So fascinating is the game to a man who rivets his attention on the play, that even the most thunderous applause, if he hears it at all, sounds like the far-off echo of a rippling brook, because he is engaged heart and soul in his work.


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Page:United States Statutes at Large Volume 91.djvu/491

 PUBLIC LAW 95-87—AUG. 3, 1977 (4) recovered moneys as provided for in this title, (c) Moneys in the fund may be used for the following purposes: (1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; and prevention, abatement, and control of coal mine subsidence; (2) for use under section 406, by the Secretary of Agriculture, of up to one-fifth of the money deposited in the funds annually and transferred by the Secretary of the Interior to the Secretary of Agriculture for such purposes; (3) acquisition and filling of voids and sealing of tunnels, shafts, and entry ways under section 409; (4) acquisition of land as provided for in this title; (5) enforcement and collection of the reclamation fee provided for in section 402 of this title; (6) studies by the Department of the Interior by contract to such extent or in such amounts as are provided in appropriation Acts with public and private organizations to provide information, advice, and technical assistance, including research and demonstration projects, conducted for the purposes of this title; (7) restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining which constitutes an emergency as provided for in this title; (8) grants to the States to accomplish the purposes of this title; (9) administrative expenses of the United States and each State to accomplish the purposes of this title; and (10) all other necessary expenses to accomplish the purposes of this title. (d) Moneys from the fund shall be available for the purposes of this title, only when appropriated therefor, and such appropriations shall be made without fiscal year limitations.

91 STAT. 457 Recovered moneys. Fund moneys, use.

RECLAMATION FEE

SEC. 402. (a) All operators of coal mining operations subject to Payment. the provisions of this Act shall pay to the Secretary of the Interior, 30 USC 1232. for deposit in the fund, a reclamation fee of 35 cents per ton of coal produced by surface coal mining and 15 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 10 cents per ton, whichever is less. (b) Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after the date of enactment of this Act, and ending fifteen years after the date of enactment of this Act unless extended by an Act of Congress.

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Page:United States Statutes at Large Volume 91.djvu/492

 91 STAT. 458 Statements.

Penalty.

Geographic allocation. State or Indian reservation, allocation.

30 USC 181 note. 31 USC 1601 et seq.

PUBLIC LAW 95-87—AUG. 3, 1977 (c) Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. (d) Any person, corporate officer, agent or director, on behalf of a coal mine operator, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both. (e) Any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from coal mine operators, in any court of competent jurisdiction in any action at law to compel payment of debts. (f) All Federal and State agencies shall fully cooperate with the Secretary of the Interior in the enforcement of this section. (g)(1) The geographic allocation of expenditures from the fund shall reflect both the area from which the revenue was derived as well as the national program needs for the funds. (2) Fifty per centum of the funds collected annually in any State or Indian reservation shall be allocated to that State or Indian reservation by the Secretary pursuant to any approved abandoned mine reclamation program to accomplish the purposes of this title. Where the Governor of a State or the head of a governing body of a tribe certifies that (i) objectives of the fund set forth in sections 403 and 409 have been achieved, (ii) there is a need for construction of specific public facilities in communities impacted by coal development, (iii) impact funds which may be available under provisions of the Federal Mineral Leasing xVct of 1920, as amended, or the Act of October 20, 1976, Public Law 94-565 (90 Stat. 2662), are inadequate for such construction, and (iv) the Secretary concurs in such certification, then the Secretary may continue to allocate all or part of the 50 per centum share to that State or tribe for such construction: Provided, however, That if funds under this subparagraph (2) have not been expended within three years after their allocation, they shall be available for expenditure in any eligible area as determined by the Secretary. (3) The balance of funds collected on an annual basis may be expended in any State at the discretion of the Secretary in order to meet the purposes of this title. Such funds may be expended directly by the Secretary or by making additional grants to approved State reclamation programs pursuant to section 405 when the Secretary finds that such programs are the best means of accomplishing the specific reclamation projects. The Secretary shall consult and coordinate with the respective States those projects funded directly or in conjunction with other Federal agencies. OBJECTIVES o r FUND

30 USC 1233.

SEC. 403. Expenditure of moneys from the fund on lands and water eligible pursuant to section 404 for the purposes of this title shall reflect the following priorities in the order stated: (1) the protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices; (2) the protection of public health, safety, and general welfare from adverse effects of coal mining practices;

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Page:United States Statutes at Large Volume 91.djvu/493

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 459

(3) the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity. (4) research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques; (5) the protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; (6) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this title for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. ELIGIBLE LANDS AND WATER

SEC. 404. Lands and water eligible for reclamation or drainage 30 USC 1234. abatement expenditures under this title are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status prior to the date of enactment of this Act, and for which there is no continuing reclamation responsibility \mder State or other Federal laws. STATE RECLAMATION PROGRAMS

SEC. 405. (a) Not later than the end of the one hundred and eightyday period immediately following the date of enactment of this Act, the Secretary shall promulgate and publish in the Federal Register regulations covering implementation of an abandoned mine reclamation program incorporating the provisions of title IV and establishing procedures and requirements for perparation, submission, and approval of State programs consisting of the plan and annual submissions of projects. (b) Each State having within its borders coal mined lands eligible for reclamation under this title, may submit to the Secretary a State Reclamation Plan and annual projects to carry out the purposes of this title. (c) The Secretary shall not approve, fund, or continue to fund a State abandoned mine reclamation program unless that State has an approved State regulatory program pursuant to section 503 of this Act. (d) If the Secretary determines that a State has developed and submitted a program for reclamation of abandoned mines and has the ability and necessary State legislation to implement the provisions of this title, sections 402 and 410 excepted, the Secretary shall approve such State program and shall grant to the State exclusive responsibility and authority to implement the provisions of the approved program: Provided, That the Secretary shall withdraw such approval and authorization if he determines upon the basis of information provided under this section that the State program is not in compliance with the procedures, guidelines, and requirements established under subsection 405(a). (e) Each State Reclamation Plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed,

Publication in Federal Register, ^^ ^^^ \.M>Xi.

State Reclamation Plan.

, % -, .. \.''\'

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Page:United States Statutes at Large Volume 91.djvu/494

 91 STAT. 460

PUBLIC LAW 95-87—AUG. 3, 1977

the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work in conformance with the provisions of this title. Application. (f) O n an annual basis, each State having an approved State Keclamation P l a n may submit to the Secretary an application for the support of the State program and implementation of specific reclamaContents. tion projects. Such annual requests shall include such information as may be requested by the Secretary including: (1) a general description of each proposed project; (2) a priority evaluation of each proposed project; (3) a statement of the estimated benefits in such terms a s: number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution, hazards of mine and coal refuse disposal area fires; (4) an estimate of the cost for each proposed project; (5) in the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained; (6) an identification of lands or interest therein to be acquired and the estimated cost; and (7) in each year after the first in which a plan is filed under this title, an inventory of each project funded under the previous year's g r a n t: which inventory shall include details of financial expenditures on such project together with a brief description of each such project, including project locations, landowner's name, acreage, type of reclamation performed. (g) The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses. (h) Upon approved of State Reclamation P l a n by the Secretary and of the surface mine regulatory program pursuant to section 503, the Secretary shall grant, on an annual basis, funds to be expended in such State pursuant to subsection 402(g) and which are necessary to implement the State reclamation program as approved by the Secretary. Program (i) The Secretary, through his designated agents, will monitor the monitorship. progress and quality of the program. The States shall not be required at the start of any project to submit complete copies of plans and specifications. Annual and other (j) The Secretary shall require annual and other reports as may reports. be necessary to be submitted by each State administering the approved State reclamation program with funds provided under this tile. Such reports shall include that information which the Secretary deems necessary to fulfill his responsibilities under this title. (k) Indian tribes having within their jurisdiction eligible lands pursuant to section 404 or from which coal is produced, shall be considered as a "State'" for the purposes of this title. RECLAMATION

Agreements.

30 USC 1236.

OF RURAL LAXDS

SEC. 406. (a) I n order to provide for the control and prevention of erosion and sediment damages from unreclaimed mined lands, and to promote the conservation and development of soil and water resources

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Page:United States Statutes at Large Volume 91.djvu/495

 PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977

91 STAT. 4 6 1

of unreclaimed mined lands and lands affected by mining, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners including owners of water r i g h t s), residents, and tenants, and individually or collectively, determined by him to have control for the period of the agreement of lands in question therein, providing for land stabilization, erosion, and sediment .^.u control, and reclamation through conservation treatment, including measures for the conservation and development of soil, water (excluding stream channelization), woodland, wildlife, and recreation resources, and agricultural productivity of such lands. Such agreements shall be made by the Secretary with the owners, including owmers of water rights, residents, or tenants (collectively or individually) of the lands in question. (b) The landowner, including the owner of water rights, resident, Plan, submittal to or tenant shall furnish to the Secretary of Agriculture a conservation Secretary of and development plan setting forth the proposed land uses and con- Agriculture, servation treatment which shall be nmtually agreed by the Secretary of Agriculture and the landowner, including owmer of water rights, resident, or tenant to be needed on the lands for which the plan was prepared. I n those instances where it is determined that the water rights or water supply of a tenant, landowner, including owner of water rights, resident, or tenant have been adversely affected by a _ surface or underground coal mine operation which has removed or disturbed a stratum so as to significantly affect the hydrologic balance, • '" such plan may include proposed measures to enhance water quality or quantity by means of joint action with other affected landowners, including owner of water rights, residents, or tenants in consultation with appropriate State and Federal agencies. (c) Such plan shall be incorporated in an agreement under which the landowner, including owner of water rights, resident, or tenant shall agree with the Secretary of Agriculture to effect the land uses and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof. (d) I n return for such agreement by the landowner, including Assistance, owner of water rights, resident, or tenant, the Secretary of Agriculture is authorized to furnish financial and other assistance to such landowner, including owner of water rights, resident, or tenant, in such amounts and subject to such conditions as the Secretary of Agriculture determines are a p p r o p r i a t e in the public interest for carrying out the land use and conservation treatment set forth in the agreement. G r a n t s made Tinder this section, depending on the income-producing Acreage potential of the land after reclaiming, shall provide up to 80 per limitation, centum of the cost of carrying out such land uses and conservation treatment on not more than one hundred and twenty aci'es of land occupied by such ovviier, including water I'ights owners, resident, or tenant, or on not more than one hundred and twenty acres of land which has been purchased jointly by such landowners, including water rights owners, residents, or tenants, under an agreement for the enhancement of water quality or quantity or on land which has been ' ' acquired by an appropriate State or local agency for the purpose of .•' / implementing such agr-eement; except the Secretary may reduce the matching cost share where he determines that (1) the main benefits to be derived from the project are related to improving offsite water quality, offsite esthetic values, or other offsite benefits, and (2) the matching share requirement would place a burden on the landowner which would probably prevent him from participating in the program: Provided, Ixowever^ That the Secretary of Agriculture may allow for

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Page:United States Statutes at Large Volume 91.djvu/496

 91 STAT. 462

Termination.

Rules and regulations.

Funds, availability.

PUBLIC LAW 95-87—AUG. 3, 1977 land use and conservation treatment on such lands occupied by any such owner in excess of such one hundred and twenty acre limitation up to three hundred and twenty acres, but in such event the amount of the grant to such landowner to carry out such reclamation on such lands shall be reduced proportionately. (e) The Secretary of Agriculture may terminate any agreement with a landowner including water rights owners, operator, or occupier by mutual agreement if the Secretary of Agriculture determines that such termination would be in the public interest, and may agree to such modification of agreements previously entered into hereunder as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program authorized herein. (f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement hereinunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments. (g) The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section. (h) In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Soil Conservation Service. (i) Funds shall be made available to the Secretary of Agriculture for the purposes of this section, as provided in section 401. ACQUISITION AND RECLAMATION OF LAND ADVERSELY AFFECTED BY PAST COAL M I N I N G PRACTICES

Finding of fact.

30 USC 1237.

Affected lands, right of entry. Notice.

SEC. 407. (a) If the Secretary or the State pursuant to an approved State program, makes a finding of fact that— (1) land or water resources have been adversely affected by past coal mining practices; and (2) the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or (4) the owners will not give permission for the United States, the States, political subdivisions, their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices. Then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the Secretary, his agents, employees, or contractors, or the State pursuant to an approved State program, shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or

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Page:United States Statutes at Large Volume 91.djvu/497

 PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, howecer, That this provision is not intended to create new rights of action or eliminate existing immunities. (b) T'he Secretary, his agents, employees, or contractors or the State pursuant to an approved State program, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor trespass thereon. (c) The Secretary or the State pursuant to an approved State program, may acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the Secretary determines that acquisition of such land is necessary to successful reclamation and that—• (1) the acquired land, after restoration, reclaination, abatement, control, or prevention of the adverse effects of past coal mining practices, wall serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and (2) permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or (3) acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this title or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices. (d) Title to all lands acquired pursuant to this section shall be in the name of the United States or, if acquired by a State jiursuant to an approved program, title shall be in the name of the State. The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices. (e) States are encouraged as part of their approved State programs, to reclaim abandoned and unreclaimed mined lands within their boundaries and, if necessary, to acquire or to transfer such lands to the Secretary or the appropriate State regulatory authority under appropriate Federal regulations. The Secretary is authorized to make g r a n t s on a matching basis to States in such amounts as he deems appropriate for the purpose of carrying out the provisions of this title but in no event shall any g r a n t exceed 90 per centum of the cost of acquisition of the lands for which the g r a n t is made. W h e n a State has made any such land available to the Federal Government under this title, such State shall have a preference right to purchase such lands after reclamation at fair market value less the State portion of the original acquisition price. Notwithstanding the provisions of paragraph (1), of this subsection, reclaimed land may be sold to the State or local

91 STAT. 4 6 3

Studies or exploratory work.

Land acquisition

'^' ,. Title. Fair market value.

Grants,

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 91 STAT. 464

Notice and hearing.

Disabled, displaced or dislocated persons, housing construction or rehabilitation.

i-jjh

Grants.

PUBLIC LAW 95-87—AUG. 3, 1977 government in which it is located at a price less than fair market value, which in no case shall be less than the cost to the United States of the purchase and reclamation of the land, as negotiated by the Secretary, to be used for a valid public purpose. If any land sold to a State or local government under this paragraph is not used for a valid public purpose as specified by the Secretary in the terms of the sales agreement then all rig'ht, title, and interest in such land shall revert to the United States. Money received from such sale shall be deposited in the fund. (f) The Secretary, in formulating regulations for making grants to the States to acquire land pursuant to this section, shall specify that acquired land meet the criteria provided for in subsections (c) and (d) of this section. The Secretary may provide by regulation that money derived from the lease, rental, or user charges of such acquired land and facilities thereon will be deposited in the fund. (g)(1) Where land acquired pursuant to this section is deemed to be suitable for industrial, conunercial, residential, or recreational development, the Secretary may sell or authorize the States to sell such land by public sale under a system of competitive bidding, at not less than fair market value and under such other regulations pronudgated to insure that such lands are put to proper use consistent with local and State land use plans, if any, as determined by the Secretary. (2) The Secretary or the State pursuant to an approved State program, when requested after appropriate public notice shall hold a public hearing, with the appropriate notice, in the county or counties or the appropriate subdivisions of the State in which lands acquired pursuant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use of disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. (h) In addition to the authority to acquire land under subsection (d) of this section the Secretary is authorized to use money in the fund to acquire land by purchase, donation, or condemnation, and to reclaim and transfer acquired land to any State or to a political subdivision thereof, or to any person, firm, association, or corporation, if he determines that such is an integral and necessary element of an economically feasible plan for the project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land pursuant to this section, or persons dislocated as the result of adverse effects of coal mining practices which constitute an emergency as provided in section 410 or persons dislocated as the result of natural disasters or catastrophic failures from any cause. Such activities shall be accomplished under such terms and conditions as the Secretary shall require, which may include transfers of land with or without monetary consideration: Provided, That, to the extent that the consideration is below the fair market value of the land transferred, no portion of the difference between the fair market value and the consideration shall accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided under this title may be used to pay the actual construction costs of housing. The Secretary may carry out the purposes of this subsection directly or he may make grants and commitments for grants, and may advance money under such terms and conditions as he may require to any State, or any department, agency, or instrumentality of a State, or any public body or nonprofit organization designated by a State.

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Page:United States Statutes at Large Volume 91.djvu/499

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 465

LIENS

SEC. 408. (a) W i t h i n six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the Secretary or the State, pursuant to an approved State program, shall itemize the moneys so expended and may file a statement thereof in the office of the county in which the land lies which has the responsibility under local law for the recording of judgments against land, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder. (b) The landowner may proceed as provided by local law to petition within sixty days of the filing of the lien, to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by local law. (c) The lien provided in this section shall be entered in the county office in which the land lies and which has responsibility under local law for the recording of judgments against land. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land.

Filing.

30 USC 1238.

Petition, . ^

Recordation,

FILLING VOIDS AND SEALING T U N N E L S

SEC. 409. (a) The Congress declares that voids, and open and aban- 30 USC 1239. doned tunnels, shafts, and entryways resulting from any previous mining operation, constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation may degrade the environment. The Secretary, at the request of the Governor of any State, or the chairman of any tribe, is authorized to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mines which the Secretary determines could endanger life and property, constitute a hazard to the public health and safet:y, or degrade the environment. 1^; State regulatory authorities are authorized to carry out such work pursuant to an approved abandoned mine reclamation program. (b) Funds available for use in carryinof out the purpose of this section shall be limited to those funds which must be allocated to the respective States or Indian reservations under the provisions of subsection 4 0 2 (g). (c) The Secretary may make expenditures and carry out the purposes of this section without regard to provisions of section 404 in such States or Indian reservations where requests are made by the Governor

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PUBLIC LAW 95-87—AUG. 3, 1977

or tribal chairman and only after all reclamation with respect to abandoned coal lands or coal development impacts have been met, except for those reclamation projects relating to the protection of the public health or safety. (d) I n those instances where mine waste piles are being rew'orked for conservation purposes, the incremental costs of disposing of the wastes from such operations by tilling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meets the purposes of this section. Land acquisition. (e) The Secretary may acquire by purchase, donation, easement, or otherwise such interest in land as he determines necessary to carry out the provisions of this section. EMERGENCY POWERS

30 USC 1240.

Right of entry.

SEC. 410. (a) The Secretary is authorized to expend moneys from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the Secretary makes a finding of fact that— (1) an emergency exists constituting a danger to the public health, safety, or general welfare; and (2) no other person or agency w'ill act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices. (b) The Secretary, his agents, employees, and contractors shall have the right to enter upon any land where the emergency exists and any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry shall be construed as an exercise of the police power and shall not be construed as an act of condemnation of property nor of trespass thereof. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, Iwtvever, That this provision is not intended to create new rights of action or eliminate existing immunities. F U N D REPORT

Report to Congress.

30 USC 1241.

SEC. 411. Xot later than January 1, 1978, and annually thereafter, the Secretary or the State pursuant to an approved State program, shall report to the Congress on operations under the fund together with his recommendations as to future uses of the fund. MISCELLANEOUS POWERS

30 USC 1242.

SEC. 412. (a) The Secretary or the State pursuant to an approved State program, shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regitlations, to implement and administer the provisions of this title. (b) The Secretary or the State pursuant to an approved State program, shall have the power and authority to engage in cooperative projects under this title with any other agency of the United States of America, any State and their governmental agencies.

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91 STAT. 467

(c) The Secretary or the State pursuant to an approved State program, may request the Attorney General, who is hereby authorized to initiate, in addition to any other remedies provided for in this title, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this title. (d) The Secretary or the State pursuant to an approved State program, shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water: Provided, That the above provisions of this paragraph shall not be deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (38 U.S.C.A. 1151, et seq. as amended) and no control 33 USC 1251 or treatment under this subsection shall in any way be less than that note. required under the Federal Water Pollution Control Act. The construction of a plant or plants may include major interceptors and other facilities appurtenant to the plant. (e) The Secretary may transfer funds to other appropriate Federal Funds, transfer, agencies, in order to carry out the reclamation activities authorized by this title. . ,. INTERAGENCY COOPERATION

SEC. 413. All departments, boards, commissioners, and agencies of 30 USC 1243. the United States of America shall cooperate with the Secretary by providing technical expertise, personnel, equipment, materials, and supplies to implement and administer the provisions of this title. TITLE V—CONTROL OF THE ENVIRONMENTAL IMPACTS O F SURFACE COAL MINING ENVIRONMENTAL PROTECTION STANDARDS

SEC. 501. (a) Not later than the end of the ninety-day period immediately following the date of enactment of this Act, 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 502(c) of this Act. The issuance of the interim regulations shall be deemed not to be a major Federal action within the meaning of section 102(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). 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. 1151-1175), and the Clean Air Act, as amended (42 U.S.C. 1857 et seq.); and

Regulations. Publication in Federal Register. 30 USC 1251.

33 USC 1251 note.

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PUBLIC LAW 95-87—AUG. 3, 1977

Hearing.

(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. Publication in (b) Not later than one year after the enactment of this Act, the Federal Register. 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 title V and establishing procedures and requirements for preparation, submission, and approval of V; State programs; and development and implementation of Federal prof grams under the title. The Secretary shall promulgate these regulations, which shall be concise and written in plain, understandable language in accordance with the procedures in section 501(a). INITIAL REGULATORY PROCEDURES

Permits. 30 USC 1252.

Post, p. 486.

Limitation.

Post, p. 516.

Permit application.

SEC. 502. (a) No person shall open or develop any new or previously mined or abandoned site for surface coal mining operations on lands on which such operations are regulated by a State unless such person has obtained a permit from the State's regulatory authority. (b) All surface coal mining operations on lands on which such operations are regulated by a State which commence operations pursuant to a permit issued on or after six months from the date of enactment of this Act shall comply, and such permits shall contain terms requiring compliance with, the provisions set out in subsection (c) of this section. Prior to final disapproval of a State program or prior to promulgation of a Federal program or a Federal lands program pursuant to this Act, a State may issue such permits, (c) On and after nine months from the date of enactment of this Act, all surface coal mining operations on lands on which such operations are regulated by a State shall complv with the provisions of subsections 515(h)(2), 515(b)(3), 515(b)(5), 515(b)(10), 515(b) (13), 515(b) (15), 515(b) (19), and 515(d) of this Actor, where a surface coal mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining, such operation shall comply with the requirements of section 515(c)(4) and (5) without regard to the requirements of section 515(b)(3) or 515(d)(2) and (3), with respect to lands from which overburden and the coal seam being mined have not been removed: Provided, however. That surface coal mining operations in operation pursuant to a permit issued by a State before the date of enactment of this Act, issued to a person as defined in section 701(19) in existence prior to May 2, 1977 and operated by a person whose total annual production of coal from surface and underground coal mining operations does not exceed one hundred thousand tons shall not be subject to the provisions of this subsection except with reference to the provision of subsection 515(d)(1) until January 1, 1979. (d) Not later than two months following the approval of a State program pursuant to section 503 or the implementation of a Federal program pursuant to section 504. regardless of litigation contesting that approval or implementation, all operators of surface coal mines in

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 PUBLIC LAW 95-87—AUG. 3, 1977 expectation of operating such mines after the expiration of eight months from the approval of a State program or the implementation of a Federal program, shall file an application for a permit with the regulatory authority. Such application shall cover those lands to be mined after the expiration of eight months from the approval of a State program or the implementation of a Federal program. The regulatory authority shall process such applications and grant or deny a permit within eight months after the date of approval of the State program or the implementation of the Federal program, unless specially enjoined by a court of competent jurisdiction, but in no case later than forty-two months from the dat« of enactment of this Act. (e) Within six months after the date of enactment of this Act, the Secretary shall implement a Federal enforcement program which shall remain in effect in each State as surface coal mining operations are required to comply with the provisions of this Act, until the State program has been approved pursuant to this Act or until a Federal program has been implemented pursuant to this Act. The enforcement program shall— (1) include inspections of surface coal mine sites which may be made (but at least one inspection for every site every six months), without advance notice to the mine operator and for the purpose of ascertaining compliance with the standards of subsections (b) and (c) above. The Secretary shall order any necessary enforcement action to be implemented pursuant to the Federal enforcement provision of this title t-o correct violations identified at the inspections; (2) provide that upon receipt of inspection reports indicating that any surface coal mining operation has been found in violation of subsections (b) and (c) above, during not less than two consecutive State inspections or upon receipt by the Secretary of information which would give rise to reasonable belief that such standards are being violated by any surface coal mining operation, the Secretary shall order the immediate inspection of such operation by Federal inspectors and the necessary enforcement actions, if any, to be implemented pursuant to the Federal enforcement provisions of this title. When the Federal inspection results from information provided to the Secretary by any person, the Secretary shall notify such person when the Federal inspection is proposed to be carried out and such person shall be allowed to accompany the inspector during the insiJection; (3) provide that the State regulatory agency file with the Secretary and with a designated Federal office centrally located in the county or area in which the inspected surface coal mine is located copies of inspection reports made; (4) provide that moneys authorized by section 712 shall be available to the Secretary prior to the approval of a State program pursuant to this Act to reimburse the State for conducting those inspections in which the standards of this Act are enforced and for the administration of this section. (5) for purposes of this section, the term "Federal inspector" means personnel of the Office of Surface Mining Reclamation and Enforcement and such additional personnel of the United States Geological Survey, Bureau of Land Management, or of the Mining Enforcement and Safety Administration so designated by the Secretary, or such other personnel of the Forest Service, Soil Conservation Service, or the'Agricultural Stabilization and Conservation Service as arranged by appropriate agreement with the Secretary on a reimbursable or other basis;

91 STAT. 469

Federal enforcement Program,

Inspections,

Reports, filing,

Post, p. 524.

"Federal inspector."

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