What US Surface Mining Control and Reclamation Act (SMCRA, 30 USC ch 25): Permits, Performance Standards and the Abandoned Mine Reclamation Fund requires
The Surface Mining Control and Reclamation Act of 1977 (SMCRA, 30 U.S.C. ch. 25) is the federal statute regulating the environmental effects of surface coal mining and the reclamation of mined land, administered by the Office of Surface Mining Reclamation and Enforcement (OSMRE) within the Department of the Interior, with primacy delegable to approved state programs. Section 1201 records the Congressional findings that surface mining can cause erosion, landslides, flooding and water pollution, and section 1202 states the purpose of establishing a nationwide program to protect society and the environment from the adverse effects of surface coal mining. Section 1211 establishes OSMRE. Section 1232 imposes a reclamation fee of 22.4 cents per ton of coal produced by surface mining and 9.6 cents per ton of coal produced underground, paid into the Abandoned Mine Reclamation Fund established by section 1231, and section 1232(d)(1) makes a false statement in connection with the fee punishable by a fine of not more than 10,000 dollars or imprisonment for not more than one year. Subchapter V (sections 1251 to 1279) controls the environmental impacts of active mining: section 1251 provides for approved state regulatory programs, section 1256 requires a permit for surface coal mining operations, section 1265 sets the environmental performance standards a permittee must meet, and the enforcement provisions impose civil and criminal penalties for violations. The Act is the legal basis for permitting active coal mines, enforcing reclamation performance standards and funding the cleanup of abandoned mine lands.
Pillar: Mining & Natural Resources · Authority: US Congress / Office of Surface Mining Reclamation and Enforcement (OSMRE), Department of the Interior · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title30/html/USCODE-2022-title30-chap25.htm
SHA-256 integrity: f6118feba1b5ddc7198d1baaa2c5b31d00e3f72514a479ac188a10fbfeaf28e8
Primary Citations — 8 traced to source
- Surface Mining Control and Reclamation Act, 30 U.S.C. 1201 - Congressional findings on the harms of surface mining.
- Surface Mining Control and Reclamation Act, 30 U.S.C. 1202 - statement of purpose: a nationwide protection and reclamation program.
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