30 U.S.C. § 1292 — Other Federal laws
submitted 49 years ago by Pub. L. 95-87 to r/title-30-MINERAL-LANDS-AND-MINING · 402 words · no verdicts yet
This section says the mining chapter does not replace or change listed environmental, safety, and other laws. It preserves agency authority and requires cooperation, and it classifies certain actions under the National Environmental Policy Act.
(a) Effect on listed laws. Nothing in this chapter supersedes, amends, modifies, or repeals the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a), the National Environmental Policy Act of 1969 (42 U.S.C. 4321–47), or any of the following Acts or any rule or regulation issued under them, including:
(1) the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 721–740);
(2) the Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742; 30 U.S.C. 801 et seq.);
(3) the Federal Water Pollution Control Act (79 Stat. 903), as amended (33 U.S.C. 1251 et seq.), the State laws enacted under it, and other Federal laws relating to preserving water quality;
(4) the Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
(5) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(6) the Refuse Act of 1899 (33 U.S.C. 407);
(7) the Fish and Wildlife Coordination Act of 1934 (16 U.S.C. 661–666c); and
(8) the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.).
(b) Effect on agency authority. Nothing in this chapter affects the authority that the Secretary or the head of another Federal agency has under other law to include suitable conditions in a lease, license, permit, contract, or other instrument to regulate surface coal mining and reclamation operations on land under that agency’s jurisdiction.
(c) Cooperation. To the greatest extent practicable, each Federal agency must cooperate with the Secretary and the States in carrying out this chapter.
(d) Major Federal action. Approving State programs under section 1253(b) of this title, issuing Federal programs under section 1254 of this title, and implementing Federal-lands programs under section 1273 of this title do not constitute a major action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). Adopting regulations under section 1251(b) of this title does constitute a major action under that provision.
Nothing in this chapter shall be construed as superseding, amending, modifying, or repealing the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a), the National Environmental Policy Act of 1969 (42 U.S.C. 4321–47), or any of the following Acts or with any rule or regulation promulgated thereunder, including, but not limited to—
The Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 721–740).
The Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742) [30 U.S.C. 801 et seq.].
The Federal Water Pollution Control Act (79 Stat. 903), as amended [33 U.S.C. 1251 et seq.], the State laws enacted pursuant thereto, or other Federal laws relating to preservation of water quality.
The Clean Air Act, as amended [42 U.S.C. 7401 et seq.].
The Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].
The Refuse Act of 1899 (33 U.S.C. 407).
The Fish and Wildlife Coordination Act of 1934 (16 U.S.C. 661–666c).
The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.).
Nothing in this chapter shall affect in any way the authority of the Secretary or the heads of other Federal agencies under other provisions of law to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations on land under their jurisdiction.
To the greatest extent practicable each Federal agency shall cooperate with the Secretary and the States in carrying out the provisions of this chapter.
Approval of the State programs, pursuant to section 1253(b) of this title, promulgation of Federal programs, pursuant to section 1254 of this title, and implementation of the Federal lands programs, pursuant to section 1273 of this title, shall not constitute a major action within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). Adoption of regulations under section 1251(b) of this title shall constitute a major action within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
Source credit: (Pub. L. 95–87, title VII, § 702, Aug. 3, 1977, 91 Stat. 519.)
- 1977Enacted · Pub. L. 95-87 · 91 Stat. 519
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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