1. U.S. Code
  2. title 30
  3. chapter 25
  4. subchapter VII
  5. § 1306

Collapse to view only § 1306. Effect on rights of owner of coal in Alaska to conduct surface mining operations

§ 1291. DefinitionsFor the purposes of this chapter—
(1) “alluvial valley floors” means the unconsolidated stream laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation and windblown deposits;
(2) “approximate original contour” means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the regulatory authority determines that they are in compliance with section 1265(b)(8) of this title;
(3) “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States, or between a State and any other place outside thereof, or between points in the same State which directly or indirectly affect interstate commerce;
(4) “Federal lands” means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands: Provided, That for the purposes of this chapter lands or mineral interests east of the one hundredth meridian west longitude owned by the United States and entrusted to or managed by the Tennessee Valley Authority shall not be subject to sections 1304 (Surface Owner Protection) and 1305 (Federal Lessee Protection) of this title.1
1 So in original. The period probably should be a semicolon.
(5) “Federal lands program” means a program established by the Secretary pursuant to section 1273 of this title to regulate surface coal mining and reclamation operations on Federal lands;
(6) “Federal program” means a program established by the Secretary pursuant to section 1254 of this title to regulate surface coal mining and reclamation operations on lands within a State in accordance with the requirements of this chapter;
(7) “fund” means the Abandoned Mine Reclamation Fund established pursuant to section 1231 of this title;
(8) “imminent danger to the health and safety of the public” means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement;
(9) “Indian lands” means all lands, including mineral interests, within the exterior boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe;
(10) “Indian tribe” means any Indian tribe, band, group, or community having a governing body recognized by the Secretary;
(11) “lands within any State” or “lands within such State” means all lands within a State other than Federal lands and Indian lands;
(12) “Office” means the Office of Surface Mining Reclamation and Enforcement established pursuant to subchapter II;
(13) “operator” means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred and fifty tons of coal from the earth by coal mining within twelve consecutive calendar months in any one location;
(14) “other minerals” means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any other solid material or substances of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and those minerals which occur naturally in liquid or gaseous form;
(15) “permit” means a permit to conduct surface coal mining and reclamation operations issued by the State regulatory authority pursuant to a State program or by the Secretary pursuant to a Federal program;
(16) “permit applicant” or “applicant” means a person applying for a permit;
(17) “permit area” means the area of land indicated on the approved map submitted by the operator with his application, which area of land shall be covered by the operator’s bond as required by section 1259 of this title and shall be readily identifiable by appropriate markers on the site;
(18) “permittee” means a person holding a permit;
(19) “person” means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other business organization;
(20) the term “prime farmland” shall have the same meaning as that previously prescribed by the Secretary of Agriculture on the basis of such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, and erosion characteristics, and which historically have been used for intensive agricultural purposes, and as published in the Federal Register.1
(21) “reclamation plan” means a plan submitted by an applicant for a permit under a State program or Federal program which sets forth a plan for reclamation of the proposed surface coal mining operations pursuant to section 1258 of this title;
(22) “regulatory authority” means the State regulatory authority where the State is administering this chapter under an approved State program or the Secretary where the Secretary is administering this chapter under a Federal program;
(23) “Secretary” means the Secretary of the Interior, except where otherwise described;
(24) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam;
(25) “State program” means a program established by a State pursuant to section 1253 of this title to regulate surface coal mining and reclamation operations, on lands within such State in accord with the requirements of this chapter and regulations issued by the Secretary pursuant to this chapter;
(26) “State regulatory authority” means the department or agency in each State which has primary responsibility at the State level for administering this chapter;
(27) “surface coal mining and reclamation operations” means surface mining operations and all activities necessary and incident to the reclamation of such operations after August 3, 1977;
(28) “surface coal mining operations” means—
(A) activities conducted on the surface of lands in connection with a surface coal mine or subject to the requirements of section 1266 of this title surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal for interstate commerce at or near the mine site: Provided, however, That such activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16⅔ per centum of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to section 1262 of this title; and
(B) the areas upon which such activities occur or where such activities disturb the natural land surface. Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities; and 2
2 So in original. The word “and” probably should not appear.
(29) “unwarranted failure to comply” means the failure of a permittee to prevent the occurrence of any violation of his permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the chapter due to indifference, lack of diligence, or lack of reasonable care;
(30) “lignite coal” means consolidated lignitic coal having less than 8,300 British thermal units per pound, moist and mineral matter free;
(31) the term “coal laboratory”, as used in subchapter VIII, means a university coal research laboratory established and operated pursuant to a designation made under section 1311 of this title;
(32) the term “institution of higher education” as used in subchapters VIII and IX, means any such institution as defined by section 1001 3
3 See References in Text note below.
of title 20;
(33) the term “unanticipated event or condition” as used in section 1260(e) of this title means an event or condition encountered in a remining operation that was not contemplated by the applicable surface coal mining and reclamation permit; and
(34) the term “lands eligible for remining” means those lands that would otherwise be eligible for expenditures under section 1234 of this title or under section 1232(g)(4) of this title.
(Pub. L. 95–87, title VII, § 701, Aug. 3, 1977, 91 Stat. 516; Pub. L. 102–486, title XXV, § 2503(c), Oct. 24, 1992, 106 Stat. 3103; Pub. L. 105–244, title I, § 102(a)(10), Oct. 7, 1998, 112 Stat. 1620.)

CITE AS: 30 USC 1291

§ 1292. Other Federal laws
(a) Construction of chapter as superseding, amending, modifying, or repealing certain laws
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—
(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 pursuant thereto, or other Federal laws relating to preservation of 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).
(8) The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.).
(b) Effect on authority of Secretary or heads of other Federal agencies
(c) Cooperation
(d) Major Federal action
(Pub. L. 95–87, title VII, § 702, Aug. 3, 1977, 91 Stat. 519.)

CITE AS: 30 USC 1292

§ 1293. Employee protection
(a) Retaliatory practices prohibited
(b) Review by Secretary; investigation; notice; hearing; findings of fact; judicial review
(c) Costs
(Pub. L. 95–87, title VII, § 703, Aug. 3, 1977, 91 Stat. 520.)

CITE AS: 30 USC 1293

§ 1294. Penalty

Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties pursuant to this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.

(Pub. L. 95–87, title VII, § 704, Aug. 3, 1977, 91 Stat. 520.)

CITE AS: 30 USC 1294

§ 1295. Grants to States
(a) Assisting any State in development, administration, and enforcement of State programs under this chapter
(b) Assisting any State in development, administration, and enforcement of its State programs
The Secretary is authorized to cooperate with and provide assistance to any State for the purpose of assisting it in the development, administration, and enforcement of its State programs. Such cooperation and assistance shall include—
(1) technical assistance and training including provision of necessary curricular and instruction materials, in the development, administration, and enforcement of the State programs; and
(2) assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation operations for each State for the purposes of evaluating the effectiveness of the State programs. Such assistance shall include all Federal departments and agencies making available data relevant to surface coal mining and reclamation operations and to the development, administration, and enforcement of State programs concerning such operations.
(c) Increases in annual grants
(Pub. L. 95–87, title VII, § 705, Aug. 3, 1977, 91 Stat. 520.)

CITE AS: 30 USC 1295

§ 1296. Annual report to President and Congress

The Secretary shall submit annually to the President and the Congress a report concerning activities conducted by him, the Federal Government, and the States pursuant to this chapter. Among other matters, the Secretary shall include in such report recommendations for additional administrative or legislative action as he deems necessary and desirable to accomplish the purposes of this chapter.

(Pub. L. 95–87, title VII, § 706, Aug. 3, 1977, 91 Stat. 521.)

CITE AS: 30 USC 1296

§ 1297. Separability

If any provision of this chapter or the applicability thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

(Pub. L. 95–87, title VII, § 707, Aug. 3, 1977, 91 Stat. 521.)

CITE AS: 30 USC 1297

§ 1298. Alaskan surface coal mine study
(a) Contract with National Academy of Sciences-National Academy of Engineering
(b) Report to President and Congress
(c) Draft of legislation
(d) Modification of applicability of environmental protection provisions of this chapter to surface coal mining operations in Alaska; publication in Federal Register; hearing
(e) Interim regulations
(f) Authorization of appropriations
(Pub. L. 95–87, title VII, § 708, Aug. 3, 1977, 91 Stat. 521.)

CITE AS: 30 USC 1298

§ 1299. Study of reclamation standards for surface mining of other minerals
(a) Contract with National Academy of Sciences-National Academy of Engineering; requirements
The Chairman of the Council on Environmental Quality is directed to contract to such extent or in such amounts as are provided in appropriation Acts with the National Academy of Sciences-National Academy of Engineering, other Government agencies or private groups as appropriate, for an in-depth study of current and developing technology for surface and open pit mining and reclamation for minerals other than coal designed to assist in the establishment of effective and reasonable regulation of surface and open pit mining and reclamation for minerals other than coal. The study shall—
(1) assess the degree to which the requirements of this chapter can be met by such technology and the costs involved;
(2) identify areas where the requirements of this chapter cannot be met by current and developing technology;
(3) in those instances describe requirements most comparable to those of this chapter which could be met, the costs involved, and the differences in reclamation results between these requirements and those of this chapter; and
(4) discuss alternative regulatory mechanisms designed to insure the achievement of the most beneficial postmining land use for areas affected by surface and open pit mining.
(b) Submittal of study with legislative recommendation to President and Congress
(c) Authorization of appropriations
(Pub. L. 95–87, title VII, § 709, Aug. 3, 1977, 91 Stat. 522.)

CITE AS: 30 USC 1299

§ 1300. Indian lands
(a) Study of regulation of surface mining; consultation with tribe; proposed legislation
(b) Submittal of study to Congress
(c) Compliance with interim environmental protection standards of this chapter
(d) Compliance with permanent environmental protection standards of this chapter
(e) Inclusion and enforcement of terms and conditions of leases
(f) Approval of changes in terms and conditions of leases
(g) Participation of tribes
(h) Jurisdictional status
(i) Grants
The Secretary shall make grants to the Navajo, Hopi, Northern Cheyenne, and Crow tribes to assist such tribes in developing regulations and programs for regulating surface coal mining and reclamation operations on Indian lands. Grants made under this subsection shall be used to establish an office of surface mining regulation for each such tribe. Each such office shall—
(1) develop tribal regulations and program policies with respect to surface mining;
(2) assist the Office of Surface Mining Reclamation and Enforcement established by section 1211 of this title in the inspection and enforcement of surface mining activities on Indian lands, including, but not limited to, permitting, mine plan review, and bond release; and
(3) sponsor employment training and education in the area of mining and mineral resources.
(j) Tribal regulatory authority
(1) Tribal regulatory programs
(A) In general
(B) References to State
(2) Conflicts of interest
(A) In general
(B) Employees of tribal regulatory authority
(3) Sovereign immunity
(4) Judicial review
(A) Civil actions
(i) In general
(ii) Scope of review(I) Questions of law(II) Findings of fact
(B) Criminal actions
Any criminal action brought under section 1268 of this title with respect to surface coal mining or reclamation operations on Indian reservation lands shall be brought in—
(i) the United States District Court for the District of Columbia; or
(ii) the United States district court in which the criminal activity is alleged to have occurred.
(5) Grants
(A) In general
(B) Exception
(6) Report
(Pub. L. 95–87, title VII, § 710, Aug. 3, 1977, 91 Stat. 523; Pub. L. 102–486, title XXV, § 2514, Oct. 24, 1992, 106 Stat. 3112; Pub. L. 109–432, div. C, title II, § 209, Dec. 20, 2006, 120 Stat. 3019.)

CITE AS: 30 USC 1300

§ 1301. Experimental practices

In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, or public use (including recreational facilities), the regulatory authority with approval by the Secretary may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under sections 1265 and 1266 of this title. Such departures may be authorized if (i) the experimental practices are potentially more or at least as environmentally protective, during and after mining operations, as those required by promulgated standards; (ii) the mining operations approved for particular land-use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and (iii) the experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.

(Pub. L. 95–87, title VII, § 711, Aug. 3, 1977, 91 Stat. 523.)

CITE AS: 30 USC 1301

§ 1302. Authorization of appropriations
There is authorized to be appropriated to the Secretary for the purposes of this chapter the following sums; and all such funds appropriated shall remain available until expended:
(a) For the implementation and funding of sections 1252, 1273, and 1300 of this title, there are authorized to be appropriated to the Secretary of the Interior the sum of $10,000,000 for the fiscal year ending September 30, 1978, $25,000,000 for each of the two succeeding fiscal years, and in such fiscal years such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs.
(b) For the implementation and funding of section 1257(c) of this title, see the provisions of section 1231(c)(9) of this title.
(c) For the implementation and funding of section 1295 of this title and for the administrative and other purposes of this chapter, except as otherwise provided for in this chapter, authorization is provided for the sum of $20,000,000 for the fiscal year ending September 30, 1978, and $30,000,000 for each of the two succeeding fiscal years and such funds that are required thereafter.
(d) In order that the implementation of the requirements of this chapter may be initiated in a timely and orderly manner, the Secretary is authorized, subject to the approval of the appropriation Committees of the House and of the Senate, to utilize not to exceed $2,000,000 of the appropriations otherwise available to him for the fiscal year ending September 30, 1977, for the administration and other purposes of the chapter.
(Pub. L. 95–87, title VII, § 712, Aug. 3, 1977, 91 Stat. 524; Pub. L. 95–343, § 1, Aug. 11, 1978, 92 Stat. 473; Pub. L. 101–508, title VI, § 6012(b), Nov. 5, 1990, 104 Stat. 1388–298; Pub. L. 109–432, div. C, title II, § 201(b), Dec. 20, 2006, 120 Stat. 3008.)

CITE AS: 30 USC 1302

§ 1303. Coordination of regulatory and inspection activities
(a) The President shall, to the extent appropriate, and in keeping with the particular enforcement requirements of each Act referred to herein, insure the coordination of regulatory and inspection activities among the departments, agencies, and instrumentalities to which such activities are assigned by this chapter, by the Clean Air Act [42 U.S.C. 7401 et seq.], by the Water Pollution Control Act [33 U.S.C. 1251 et seq.], by the Department of Energy Organization Act [42 U.S.C. 7101 et seq.], and by existing or subsequently enacted Federal mine safety and health laws, except that no such coordination shall be required with respect to mine safety and health inspections, advance notice of which is or may be prohibited by existing or subsequently enacted Federal mine safety and health laws.
(b) The President may execute the coordination required by this section by means of an Executive order, or by any other mechanism he determines to be appropriate.
(Pub. L. 95–87, title VII, § 713, Aug. 3, 1977, 91 Stat. 524.)

CITE AS: 30 USC 1303

§ 1304. Surface owner protection
(a) Applicability
(b) Lease of coal deposits governed by section 201 of this title
(c) Consent to lease by surface owner
(d) Preferences
(e) “Surface owner” defined
For the purpose of this section the term “surface owner” means the natural person or persons (or corporation, the majority stock of which is held by a person or persons who meet the other requirements of this section) who—
(1) hold legal or equitable title to the land surface;
(2) have their principal place of residence on the land; or personally conduct farming or ranching operations upon a farm or ranch unit to be affected by surface coal mining operations; or receive directly a significant portion of their income, if any, from such farming or ranching operations; and
(3) have met the conditions of paragraphs (1) and (2) for a period of at least three years prior to the granting of the consent.
In computing the three-year period the Secretary may include periods during which title was owned by a relative of such person by blood or marriage during which period such relative would have met the requirements of this subsection.
(f) Exception
(g) Effect on property rights of United States or any other landowner
(Pub. L. 95–87, title VII, § 714, Aug. 3, 1977, 91 Stat. 524.)

CITE AS: 30 USC 1304

§ 1305. Federal lessee protection
In those instances where the coal proposed to be mined by surface coal mining operations is owned by the Federal Government and the surface is subject to a lease or a permit issued by the Federal Government, the application for a permit shall include either:
(1) the written consent of the permittee or lessee of the surface lands involved to enter and commence surface coal mining operations on such land, or in lieu thereof;
(2) evidence of the execution of a bond or undertaking to the United States or the State, whichever is applicable, for the use and benefit of the permittee or lessee of the surface lands involved to secure payment of any damages to the surface estate which the operations will cause to the crops, or to the tangible improvements of the permittee or lessee of the surface lands as may be determined by the parties involved, or as determined and fixed in an action brought against the operator or upon the bond in a court of competent jurisdiction. This bond is in addition to the performance bond required for reclamation under this chapter.
(Pub. L. 95–87, title VII, § 715, Aug. 3, 1977, 91 Stat. 525.)

CITE AS: 30 USC 1305

§ 1306. Effect on rights of owner of coal in Alaska to conduct surface mining operations

Nothing in this chapter shall be construed as increasing or diminishing the rights of any owner of coal in Alaska to conduct or authorize surface coal mining operations for coal which has been or is hereafter conveyed out of Federal ownership to the State of Alaska or pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]: Provided, That such surface coal mining operations meet the requirements of this chapter.

(Pub. L. 95–87, title VII, § 716, Aug. 3, 1977, 91 Stat. 526.)

CITE AS: 30 USC 1306

§ 1307. Water rights and replacement
(a) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.
(b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.
(Pub. L. 95–87, title VII, § 717, Aug. 3, 1977, 91 Stat. 526.)

CITE AS: 30 USC 1307

§ 1308. Advance appropriations

Notwithstanding any other provision of this chapter, no authority to make payments under this chapter shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts.

(Pub. L. 95–87, title VII, § 718, Aug. 3, 1977, 91 Stat. 526.)

CITE AS: 30 USC 1308

§ 1308a. Use of civil penalty funds to reclaim lands

In fiscal year 2009 and thereafter, the Secretary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected for civil penalties assessed under section 1268 of this title, to reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended.

(Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 712.)

CITE AS: 30 USC 1308a

§ 1308b. Transfer of computer hardware, software and other technical equipment

In fiscal year 2015 and each fiscal year thereafter, with funds available for the Technical Innovation and Professional Services program in this or any other Act with respect to any fiscal year, the Secretary may transfer title for computer hardware, software and other technical equipment to State and tribal regulatory and reclamation programs.

(Pub. L. 113–235, div. F, title I, Dec. 16, 2014, 128 Stat. 2407.)

CITE AS: 30 USC 1308b

§ 1309. Certification and training of blasters

In accordance with this chapter, the Secretary of the Interior (or the approved State regulatory authority as provided for in section 1253 of this title) shall promulgate regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.

(Pub. L. 95–87, title VII, § 719, Aug. 3, 1977, 91 Stat. 526.)

CITE AS: 30 USC 1309

§ 1309a. Subsidence
(a) Requirements
Underground coal mining operations conducted after October 24, 1992, shall comply with each of the following requirements:
(1) Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or non-commercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or non-commercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto or non-commercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy.
(2) Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit, which has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.
Nothing in this section shall be construed to prohibit or interrupt underground coal mining operations.
(b) Regulations
(Pub. L. 95–87, title VII, § 720, as added Pub. L. 102–486, title XXV, § 2504(a)(1), Oct. 24, 1992, 106 Stat. 3104.)

CITE AS: 30 USC 1309a

§ 1309b. Research

The Office of Surface Mining Reclamation and Enforcement is authorized to conduct studies, research and demonstration projects relating to the implementation of, and compliance with, subchapter V of this chapter, and provide technical assistance to states 1

1 So in original. Probably should be capitalized.
for that purpose. Prior to approving any such studies, research or demonstration projects the Director, Office of Surface Mining Reclamation and Enforcement, shall first consult with the Director, Bureau of Mines, and obtain a determination from such Director that the Bureau of Mines is not already conducting like or similar studies, research or demonstration projects. Studies, research and demonstration projects for the purposes of subchapter IV of this chapter shall only be conducted in accordance with section 1231(c)(6) 2
2 See References in Text note below.
of this title.

(Pub. L. 95–87, title VII, § 721, as added Pub. L. 102–486, title XXV, § 2504(c)(3), Oct. 24, 1992, 106 Stat. 3105.)

CITE AS: 30 USC 1309b