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Code · BILL · 119th Congress · H.R. 1865 (Introduced in House) — To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of... · Sec. 308

Sec. 308. State law and regulation

418 words·~2 min read·/bill/119/hr/1865/ih/section-308

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 law that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with any such standard. Any bonding standard or requirement in State law that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements. Any inspection standard or requirement in State law that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements.
Nothing in this Act may be construed to affect any toxic substance, solid waste, or air or water quality standard or requirement of any State, local, or Tribal law that may be applicable to mineral activities on land subject to this Act. Nothing in this Act may be construed to affect the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities on land subject to this Act. A State may enter into a cooperative agreement with the Secretary concerned for the purpose of the Secretary concerned applying such standards and requirements referred to in subsections
(a)and
(b)to mineral activities or reclamation on land subject to this Act. If a proposed mineral activity would affect land not subject to this Act in addition to land subject to this Act, in order to approve a plan of operations, the Secretary concerned shall enter into a cooperative agreement with the State that establishes a common regulatory framework consistent with the requirements of this Act for the purposes of such plan of operations. Any common regulatory framework established under subparagraph
(A)may not negate the authority of the Federal Government to independently inspect mines and operations and bring enforcement actions for violations. The Secretary concerned may not enter into a cooperative agreement with a State under this section until after notice in the Federal Register and opportunity for public comment and hearing. Any cooperative agreement between the Secretary concerned and a State, or political subdivision thereof, relating to the management of mineral activities on land subject to this Act that was in existence on the effective date of this Act may only continue in force until 1 year after the effective date of this Act, during which such period the Secretary concerned and the State shall review the terms of such agreement or other understanding and make changes that are necessary to be consistent with this Act.
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