Sec. 710. indian lands
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## Sec. 710 indian lands ###
(a)The Secretary is directed to study the question of the regulation of surface mining on Indian lands which will achieve the purpose of this Act and recognize the special jurisdictional status of these lands. In carrying out this study the Secretary shall consult with Indian tribes. The study report shall include proposed legislation designed to allow Indian tribes to elect to assume full regulatory authority over the administration and enforcement of regulation of surface mining of coal on Indian lands. ###
(b)The study report required by subsection
(a)together with drafts of proposed legislation and the view of each Indian tribe which would be affected shall be submitted to the Congress as soon as possible but not later than January 1, 1978. ###
(c)On and after one hundred and thirty-five days from the enactment of this Act, all surface coal mining operations on Indian lands shall comply with requirements at least as stringent as those imposed by subsections 515(b)(2), 515(b)(3), 515(b)(5), 515(b)(10), 515(b)(13), 515(b)(19), and 515(d) of this Act and the Secretary shall incorporate the requirements of such provisions in all existing and new leases issued for coal on Indian lands. ###
(d)On and after thirty months from the enactment of this Act, all surface coal mining operations on Indian lands shall comply with requirements at least as stringent as those imposed by sections 507, 508, 509, 510, 515, 516, 517, and 519 of this Act and the Secretary shall incorporate the requirements of such provisions in all existing and new leases for coal on Indian lands. ###
(e)With respect to leases issued after the date of enactment of this Act, the Secretary shall include and enforce terms and conditions in addition to those required by subsections
(c)and
(d)as may be requested by the Indian tribe in such leases. ###
(f)Any change required by subsection
(c)or
(d)of this section in the terms and conditions of any coal lease on Indian lands existing on the date of enactment of this Act, shall require the approval of the Secretary. ###
(g)The Secretary shall provide for adequate participation by the various Indian tribes affected in the study authorized in this section and not more than $700,000 of the funds authorized in section 712(a) shall be reserved for this purpose. ###
(h)The Secretary shall analyze and make recommendations regarding the jurisdictional status of Indian Lands35 outside the exterior boundaries of Indian reservations: *Provided,* That nothing in this Act shall change the existing jurisdictional status of Indian Lands.35 35So in law. Probably should be “lands”. ###
(i)Grants The Secretary shall make grants to the Navajo, Hopi, Northern Cheyenne, and Crow tribes to assist such tribes in developing regulations and programs for regulating surface coal mining and reclamation operations on Indian lands. Grants made under this subsection shall be used to establish an office of surface mining regulation for each such tribe. Each such office shall— ####
(1)develop tribal regulations and program policies with respect to surface mining; ####
(2)assist the Office of Surface Mining Reclamation and Enforcement established by section 201 in the inspection and enforcement of surface mining activities on Indian lands, including, but not limited to, permitting, mine plan review, and bond release; and ####
(3)sponsor employment training and education in the area of mining and mineral resources. ###
(j)Tribal Regulatory Authority ####
(1)Tribal regulatory programs #####
(A)In general Notwithstanding any other provision of law, an Indian tribe may apply for, and obtain the approval of, a tribal program under section 503 regulating in whole or in part surface coal mining and reclamation operations on reservation land under the jurisdiction of the Indian tribe using the procedures of section 504(e). #####
(B)References to state For purposes of this subsection and the implementation and administration of a tribal program under title V, any reference to a “State” in this Act shall be considered to be a reference to a “tribe”. ####
(2)Conflicts of interest #####
(A)In general The fact that an individual is a member of an Indian tribe does not in itself constitute a violation of section 201(f). #####
(B)Employees of tribal regulatory authority Any employee of a tribal regulatory authority shall not be eligible for a per capita distribution of any proceeds from coal mining operations conducted on Indian reservation lands under this Act. ####
(3)Sovereign immunity To receive primary regulatory authority under section 504(e), an Indian tribe shall waive sovereign immunity for purposes of section 520 and paragraph (4). ####
(4)Judicial review #####
(A)Civil actions ######
(i)In general After exhausting all tribal remedies with respect to a civil action arising under a tribal program approved under section 504(e), an interested party may file a petition for judicial review of the civil action in the United States circuit court for the circuit in which the surface coal mining operation named in the petition is located. ######
(ii)Scope of review ######
(I)Questions of law The United States circuit court shall review de novo any questions of law under clause (i). ######
(II)Findings of fact The United States circuit court shall review findings of fact under clause
(i)using a clearly erroneous standard. #####
(B)Criminal actions Any criminal action brought under section 518 with respect to surface coal mining or reclamation operations on Indian reservation lands shall be brought in— ######
(i)the United States District Court for the District of Columbia; or ######
(ii)the United States district court in which the criminal activity is alleged to have occurred. ####
(5)Grants #####
(A)In general Except as provided in subparagraph (B), grants for developing, administering, and enforcing tribal programs approved in accordance with section 504(e) shall be provided to an Indian tribe in accordance with section 705. #####
(B)Exception Notwithstanding subparagraph (A), the Federal share of the costs of developing, administering, and enforcing an approved tribal program shall be 100 percent. ####
(6)Report Not later than 18 months after the date on which a tribal program is approved under subsection
(e)of section 504, the Secretary shall submit to the appropriate committees of Congress a report, developed in cooperation with the applicable Indian tribe, on the tribal program that includes a recommendation of the Secretary on whether primary regulatory authority under that subsection should be expanded to include additional Indian lands. **[**[30 U.S.C. 1300](/us/usc/t30/s1300)**]**
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