30 U.S.C. § 1277 — Special bituminous coal mines

(a) The regulatory authority may issue separate rules for special bituminous-coal surface mines west of the 100th meridian west longitude if all these conditions apply: (1) the particular pit is excavated on the same relatively small site for a long time; (2) it follows a coal seam tilted at least 15 degrees from horizontal and continues downward in the same area, expanding sideways as needed for stability or orderly expansion of the whole mine; (3) it mines more than one coal seam and has begun mining the deepest seam planned for the current operation; (4) the material removed is large compared with the disturbed surface area; (5) no practical alternative mining method exists; (6) no practical way exists to reclaim the land as this chapter requires; and (7) the pit has actually produced coal since January 1, 1972, in a way meeting these criteria and, because it has operated for so long, is substantially committed to an operating method that justifies exceptions to some subchapter requirements.

(b) The separate rules must also have a distinct part for new bituminous-coal surface mines developed after August 3, 1977, on land immediately next to land containing a special bituminous mine existing on January 1, 1972. The new mine must meet subsection (a)’s criteria except paragraphs (3) and (7), and must meet all State-law requirements, even if the rules under subsection (c) conflict in whole or part. If the State changes or revises its regulatory program, rules, or decisions governing these mines, the Secretary must issue any additional rules needed to serve this chapter’s purposes.

(c) The alternative rules may address only onsite spoil handling, removing depressions that can collect water, creating impoundments, and regrading to approximately the original contour. They must state that remaining highwalls are stable. Every other performance standard in this subchapter applies to these mines.