Sec. 138. State law and regulation

452 words·~2 min read·/bill/113/hr/2467/ih/section-138

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any reclamation, land use, environmental, or public health protection standard or requirement in State, county, local, or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with any such standard. Any bonding standard or requirement in State, county, local, or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with such requirements. Any inspection standard or requirement in State, county, local, or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with such requirements.

Nothing in this title shall be construed as affecting any toxic substance, solid waste, or air or water quality, standard or requirement of any State, county, local, or tribal law or regulation, which may be applicable to mineral activities on lands subject to this title. Nothing in this title shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, such person’s interest in water resources affected by mineral activities on lands subject to this title.

Any State may enter into a cooperative agreement with the Secretary, or for National Forest System lands the Secretary of Agriculture, for the purposes of such Secretary applying such standards and requirements referred to in subsection

(a)and subsection

(b)to mineral activities or reclamation on lands subject to this title. In such instances where the proposed mineral activities would affect lands not subject to this title in addition to lands subject to this title, in order to approve a plan of operations the Secretary concerned shall enter into a cooperative agreement with the State that sets forth a common regulatory framework consistent with the requirements of this title for the purposes of such plan of operations. Any such common regulatory framework shall not negate the authority of the Federal Government to independently inspect mines and operations and bring enforcement actions for violations. The Secretary concerned shall not enter into a cooperative agreement with any State under this section until after notice in the Federal Register and opportunity for public comment and hearing. Any cooperative agreement or such other understanding between the Secretary concerned and any State, or political subdivision thereof, relating to the management of mineral activities on lands subject to this title that was in existence on the date of enactment of this Act may only continue in force until 1 year after the date of enactment of this Act. During such 1-year period, the State and the Secretary shall review the terms of the agreement and make changes that are necessary to be consistent with this title.