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30 U.S.C. § 1201Congressional findings

submitted 49 years ago by Pub. L. 95-87 to r/title-30-MINERAL-LANDS-AND-MINING · 537 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress describes the effects of surface and underground coal mining and the need for standards and cooperation. It states that regulation should protect land, resources, health, safety, and the public welfare while recognizing States’ primary role.

Congress finds and declares: (a) coal and other minerals can be extracted by several mining methods, including surface mining; (b) coal mining significantly contributes to national energy needs, but most coal reserves can be extracted only underground, so the national interest requires an expanding, economically healthy underground coal industry; (c) surface mining can disturb land and harm commerce and public welfare by reducing land’s usefulness, causing erosion and landslides and floods, polluting water, destroying habitats, harming natural beauty and property, creating dangers to life and property, lowering community quality of life, and opposing conservation programs; (d) expanded coal mining makes standards to minimize environmental and soil-productivity damage and protect public health and safety more urgent; (e) mining and reclamation technology now permit effective and reasonable State and Federal regulation to minimize practicable adverse social, economic, and environmental effects; (f) because mining areas differ in terrain, climate, biological, chemical, and other physical conditions, States should have primary responsibility for developing, authorizing, issuing, and enforcing regulations; (g) common standards are needed so interstate competition among coal sellers does not undermine States’ ability to maintain adequate standards; (h) large areas have been disturbed by surface and underground coal mining with little or no reclamation, imposing social and economic costs and continuing environmental harm; (i) regulation of noncoal surface mining is needed, but more data and analysis are needed for effective and reasonable regulation; (j) surface and underground coal mining affect interstate commerce and the Nation’s economic well-being, security, and general welfare and should be conducted in an environmentally sound way; and (k) this chapter’s cooperative effort is needed to prevent or reduce harmful environmental effects of present and future surface coal mining.
the actual law source: uscode.house.gov ↗public domain

The Congress finds and declares that—

(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 industry;

(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 damaging 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.1

(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 chapter 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 primary governmental responsibility for developing, authorizing, issuing, and enforcing regulations for surface mining and reclamation operations subject to this chapter should rest with the States;

(g)

surface mining and reclamation standards are essential in order to insure that competition in interstate commerce among sellers of coal produced in different States will not be used to 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 chapter is necessary to prevent or mitigate adverse environmental effects of present and future surface coal mining operations.

Source credit: (Pub. L. 95–87, title I, § 101, Aug. 3, 1977, 91 Stat. 447.)

history & why it existsrecord from the source credit
  • 1977Enacted · Pub. L. 95-87 · 91 Stat. 447

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-87 on 1977-08-03.

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