View all text of Subchapter II [§ 1211 - § 1211]
§ 1211. Office of Surface Mining Reclamation and Enforcement
(a) Establishment
(b) Appointment, compensation, duties, etc., of Director; employees
(c) Duties of Secretary
The Secretary, acting through the Office, shall—
(1) administer the programs for controlling surface coal mining operations which are required by this chapter; review and approve or disapprove State programs for controlling surface coal mining operations and reclaiming abandoned mined lands; make those investigations and inspections necessary to insure compliance with this chapter; conduct hearings, administer oaths, issue subpenas, and compel the attendance of witnesses and production of written or printed material as provided for in this chapter; issue cease-and-desist orders; review and vacate or modify or approve orders and decisions; and order the suspension, revocation, or withholding of any permit for failure to comply with any of the provisions of this chapter or any rules and regulations adopted pursuant thereto;
(2) publish and promulgate such rules and regulations as may be necessary to carry out the purposes and provisions of this chapter;
(3) administer the State grant-in-aid program for the development of State programs for surface and mining and reclamation operations provided for in subchapter V of this chapter;
(4) administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas pursuant to subchapter IV of this chapter;
(5) administer the surface mining and reclamation research and demonstration project authority provided for in this chapter;
(6) consult with other agencies of the Federal Government having expertise in the control and reclamation of surface mining operations and assist States, local governments, and other eligible agencies in the coordination of such programs;
(7) maintain a continuing study of surface mining and reclamation operations in the United States;
(8) develop and maintain an Information and Data Center on Surface Coal Mining, Reclamation, and Surface Impacts of Underground Mining, which will make such data available to the public and the Federal, regional, State, and local agencies conducting or concerned with land use planning and agencies concerned with surface and underground mining and reclamation operations;
(9) assist the States in the development of State programs for surface coal mining and reclamation operations which meet the requirements of this chapter, and at the same time, reflect local requirements and local environmental and agricultural conditions;
(10) assist the States in developing objective scientific criteria and appropriate procedures and institutions for determining those areas of a State to be designated unsuitable for all or certain types of surface coal mining pursuant to section 1272 of this title;
(11) monitor all Federal and State research programs dealing with coal extraction and use and recommend to Congress the research and demonstration projects and necessary changes in public policy which are designated to (A) improve feasibility of underground coal mining, and (B) improve surface mining and reclamation techniques directed at eliminating adverse environmental and social impacts;
(12) cooperate with other Federal agencies and State regulatory authorities to minimize duplication of inspections, enforcement, and administration of this chapter; and
(13) perform such other duties as may be provided by law and relate to the purposes of this chapter.
(d) Restriction on use of Federal coal mine health and safety inspectors
(e) Repealed. Pub. L. 96–511, § 4(b), Dec. 11, 1980, 94 Stat. 2826
(f) Conflict of interest; penalties; rules and regulations; report to Congress
(g) Petition for issuance, amendment, or repeal of rule; filing; hearing or investigation; notice of denial
(1) After the Secretary has adopted the regulations required by section 1251 of this title, any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of a rule under this chapter.
(2) Such petitions shall be filed in the principal office of the Director and shall set forth the facts which it is claimed established that it is necessary to issue, amend, or repeal a rule under this chapter.
(3) The Director may hold a public hearing or may conduct such investigation or proceeding as the Director deems appropriate in order to determine whether or not such petition should be granted.
(4) Within ninety days after filing of a petition described in paragraph (1), the Director shall either grant or deny the petition. If the Director grants such petition, the Director shall promptly commence an appropriate proceeding in accordance with the provisions of this chapter. If the Director denies such petition, the Director shall so notify the petitioner in writing setting forth the reasons for such denial.
(Pub. L. 95–87, title II, § 201, Aug. 3, 1977, 91 Stat. 449; Pub. L. 95–240, title I, § 100, Mar. 7, 1978, 92 Stat. 109; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–511, § 4(b), Dec. 11, 1980, 94 Stat. 2826.)