Sec. 8012. Incorporation of surface mining stream buffer zone rule into State programs
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/bill/113/hr/4304/ih/section-8012·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) is amended by adding at the end the following: In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.). The Secretary shall— at such time as the Secretary determines all States referred to in subsection
(a)have fully incorporated the necessary rule referred to in paragraph
(1)of this subsection into their State programs, publish notice of such determination; during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; and upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including— an evaluation of the effectiveness of such rule; an evaluation of any ways in which the existing rule inhibits energy production; and a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes. The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1). . Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section.
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- 73 FR 75813
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Sec. 8012
Incorporation of surface mining stream buffer zone rule into State programs
Fed. Reg.73 FR 75813
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