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Title 30 — Mineral Lands and Mining

Chapter 25 — Surface Mining Control and Reclamation

§ 1255. State laws

Statutory text

(a)

No State law or regulation in effect on , or which may become effective thereafter, shall be superseded by any provision of this chapter or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this chapter.

(b)

Any provision of any State law or regulation in effect upon , or which may become effective thereafter, which provides for more stringent land use and environmental controls and regulations of surface coal mining and reclamation operation than do the provisions of this chapter or any regulation issued pursuant thereto shall not be construed to be inconsistent with this chapter. The Secretary shall set forth any State law or regulation which is construed to be inconsistent with this chapter. Any provision of any State law or regulation in effect on , or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this chapter shall not be construed to be inconsistent with this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Surface Mining Control and Reclamation Act of 1977

    Pub. L. 95–87 title V § 505 · 91 Stat. 445

    Enacted · 30 U.S.C. § 1255

    (Pub. L. 95–87, title V, § 505, Aug. 3, 1977, 91 Stat. 473.)

    Source evidence

    Code source credit
    (Pub. L. 95–87, title V, § 505, Aug. 3, 1977, 91 Stat. 473.)

    Enacted provision · exact public law section
    Sec. 505. state laws (a) No State law or regulation in effect on the date of 30 USC 1255. enactment of this Act, or which may become effective thereafter, shall be superseded by any provision of this Act or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this Act. (b) Any provision of any State law or regulation in effect upon the date of enactment of this Act, or which may become effective thereafter, which provides for more stringent land use and environmental controls and regulations of surface coal mining and reclamation operation than do the provisions of this Act or any regulation issued pursuant thereto shall not be construed to be inconsistent with this Act. The Secretary shall set forth any State law or regulation which is construed to be inconsistent with this Act. Any provision of any State law or regulation in effect on the date of enactment of this Act, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this Act shall not lie construed to be inconsistent with this Act.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 95–87, title V, § 505, , 91 Stat. 473.)

Parsed from the official OLRC USLM XML in data/usc_all/usc30.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t30/s1255