---
kind: "section"
citation: "30 C.F.R. § 745.13"
title: "30"
number: "745.13"
heading: "Authority reserved by the Secretary."
url: "https://uscodex.org/cfr/30/745.13"
---

# §745.13. Authority reserved by the Secretary.


The Secretary shall not delegate to any State, nor shall any cooperative agreement under this part be construed to delegate to any State, authority to—

- (a) Designate Federal lands as unsuitable for surface coal mining under subchapter F of this chapter or terminate such designations;
- (b) Comply with the National Environmental Policy Act of 1969, as amended, [42 U.S.C. 4321](/usc/42/4321.md) et seq., and Federal laws and regulations other than SMCRA;
- (c) Develop land use management plans for Federal lands where the surface estate is federally-owned;
- (d) Regulate non-coal mining activities on Federal lands;
- (e) Determine when, where, and how to lease Federal coal and how much to lease;
- (f) Develop terms for Federal coal leases, including any special terms relating to mining and reclamation procedures;
- (g) Evaluate Federal coal resources;
- (h) Establish royalties, rents, and bonuses charged in connection with Federal coal leases;
- (i) Approve mining plans or modifications thereto;
- (j) Enforce Federal lease terms, including diligent development and maximum economic recovery requirements;
- (k) Approve or determine post-mining land uses for Federal lands where the surface estate is federally-owned;
- (l) Release Federal lease bonds;
- (m) Evaluate the State's administration and enforcement of the approved State program and implementation of the cooperative agreement on Federal lands;
- (n) Comply with the inspection, enforcement and civil penalties requirements of parts [842](/cfr/30/part842.md) and [843](/cfr/30/part843.md) of this chapter except as provided under [§ 740.4(c)(5)](/cfr/30/740.4.md?p=c-5) of this chapter;
- (o) Determine whether a person has valid existing rights to conduct surface coal mining operations on Federal lands within the areas specified in § [761.11(a)](/cfr/30/761.11.md?p=a) and [(b)](/cfr/30/761.11.md?p=b) of this chapter; or
- (p) Issue findings on whether there are significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations on Federal lands within a national forest, as specified in [§ 761.11(b)](/cfr/30/761.11.md?p=b) of this chapter.

## Notes

### Amendments

[48 FR 6939, Feb. 16, 1983, as amended at 64 FR 70831, Dec. 17, 1999]

### Authority

Authority: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.

### Source

Source: 48 FR 6939, Feb. 16, 1983, unless otherwise noted.

### Amendments

[48 FR 6939, Feb. 16, 1983, as amended at 64 FR 70831, Dec. 17, 1999]