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Surface Mining Law Sections 515(b)(22) and 702 |
(22) place all excess spoil material resulting from coal surface mining and
reclamation activities in such a manner that -
(A) spoil is transported and placed in a controlled manner in position for
concurrent compaction and in such a way to assure mass stability and to prevent mass
movement;
(B) the areas of disposal are within the bonded permit areas and all
organic matter shall be removed immediately prior to spoil placement;
(C) appropriate surface and internal drainage systems and diversion
ditches are used so as to prevent spoil erosion and movement;
(D) the disposal area does not contain springs, natural water courses or
wet weather seeps unless lateral drains are constructed from the wet areas to the main
underdrains in such a manner that filtration of the water into the spoil pile will be
prevented;
(E) if placed on a slope, the spoil is placed upon the most moderate slope
among those upon which, in the judgment of the regulatory authority, the spoil could be
placed in compliance with all the requirements of this Act, and shall be placed, where
possible, upon, or above, a natural terrace, bench, or berm, if such placement provides
additional stability and prevents mass movement;
(F) where the toe of the spoil rests on a downslope, a rock toe buttress, of
sufficient size to prevent mass movement, is constructed;
(G) the final configuration is compatible with the natural drainage pattern
and surroundings and suitable for intended uses;
(H) design of the spoil disposal area is certified by a qualified registered
professional engineer in conformance with professional standards; and
(I) all other provisions of this Act are met.
Section 702 Other Federal Laws
[30 U.S.C. 1292]
SEC. 702. (a) Nothing in this Act 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).
(3) The Federal Water Pollution Control Act (79 Stat. 903), as amended (33
U.S.C. 1151-1175), 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. 1857 et seq.).
(5) The Solid Waste Disposal Act (42 U.S.C. 3251-3259).
(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) Nothing in this Act 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.
(c) To the greatest extent practicable each Federal agency shall cooperate with the
Secretary and the States in carrying out the provisions of this Act.
(d) Approval of the State programs, pursuant to section 503(b), promulgation of
Federal programs, pursuant to section 504, and implementation of the Federal lands
programs, pursuant to section 523 of this Act, 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 501(b) 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).