§3461.1. Underground mining exemption from criteria.
43 C.F.R. § 3461.1
Federal lands with coal deposits that would be mined by underground mining methods shall not be assessed as unsuitable where there would be no surface coal mining operations, as defined in § 3400.0-5 of this title, on any lease, if issued.
Where underground mining will include surface operations and surface impacts on Federal lands to which a criterion applies, the lands shall be assessed as unsuitable unless the surface management agency finds that a relevant exception or exemption applies.
Notes, amendments, and revision history
Amendments
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]
Authority
Authority: The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq. ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 et seq. ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq. ) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. ).
Source
Source: 44 FR 42638, July 19, 1979, unless otherwise noted.
Amendments
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]